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HomeMy WebLinkAbout2009-02-18 Council PacketAGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 18, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: 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.) 1. Ordinance No. 2381-2009 -- Amending the Development Requirements Table in KMC 14,24.09.0 to Provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed UseZones(CMU)............................................................................................ 1 2. Resolution No. 2009-03 -- Approving Nominations for Projects for the 2010- 2013 Statewide Transportation Improvement Program(STIP)........................... 3. *LIQUOR LICENSE RENEWAL --Roy Dale Howard d/b/a Kenai Joe's #626/Beverage Dispensary............................................................................. ITEM F: MINUTES 1. *Regular Meeting of February 4, 2009............................................................. ITEM G: ITEM H: 0 7 0 I . Ratification of Bills......................................................................................... 22 2. Approval of Purchase Orders Exceeding $15,000.......... 3. *Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant .................... 23 4. *Ordinance No. 2383-2009 -- Increasing Estimated Revenues and Appropriations by $54,230 in the Airport Fund Equipment Capital Project Fund for the Purchase of Snow Removal Equipment .................................................. 25 5. *Ordinance No. 2384-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2342-2008 by $63,609 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment .................................................. 28 6. *Ordinance No. 2385-2009 -- Increasing Estimated Revenues and Appropriations by $22,973 in the Airport Fund and by $918,899 in the Airport Equipment Capital Project Fund for the Purchase of an Aircraft Rescue and Fire Fighting (ARFF) Truck.............................................................................. 30 7. *Ordinance No. 2386-2009 -- Increasing Estimated Revenues and Appropriations by $740,832 in the Runway Improvement Capital Project Fund for Phase A of the Airport Apron Pavement Rehabilitation Project ...................... 33 8. *Ordinance No. 2387-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2341-2008 by $179,004 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Apron Pavement Rehabilitation Project ......................................... 36 9, *Ordinance No. 23SS-2009 -- Amending KMC 7;15.060 to Allow Surplus or Obsolete Supplies, Materials or Equipment to be Sold by Internet Bidding Process or by a Broker When the Council Determines it is in the Best Interest of theCity......................................................................................................... 38 10. *Ordinance No. 2389-2009 -- Amending KMC 14.20.260 to Better Provide for Enforcement for Violations of the Kenai City Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment ........................ 40 11. Approval --Consent to Security Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4/Pingo Properties, Inc. & Geoffrey M. Graves, Individually....... 48 12, Discussion --Scheduling work sessions/COLA discussion and budget reviews.. 54 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging............................................................................................ 2. Airport Commission........................................................................................ 59 3. Harbor Commission....................................................................................... 63 4. Library Commission....................................................................................... 66 S. Parks & Recreation Commission.................................................................... . 6. Planning & Zoning Commission...................................................................... 70 7. Miscellaneous Commissions and Committees a. Beautification Committee........................................................................... 80 b. Alaska Municipal League Report................................................................. c. Mini -Grant Steering Committee.................................................................. d. Advisory Cemetery Committee.................................................................... e. Kenai Convention & Visitors Bureau........................................................... f. Salmon Task Force..................................................................................... 84 ITEM J: REPORT OF THE MAYOR ........................................................ 88 ITEM K: ADMINISTRATION REPORTS 1. City Manager................................................................................................. 90 2. City Attorney.................................................................................................. 3. City Clerk...................................................................................................... 121 ITEM L: Citizens (five minutes) 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. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RRl) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI budget process.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development -Preparation -Distribution -Publication -Late Materials. (Clerk's Note: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifijing those items to codify.) -- None Scheduled. ITEM N: ADJOURNMENT Page No. 1. 2/ 18/2009 Purchase Orders Between $2,500 and $15,000 for council review............................................................................................................ 131 2. Final Draft Ordinance -- Amending KMC 14.20.260 to Better Provide for Enforcement for Violations of the Kenai City Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment ........................ 132 3. Draft Ordinance -- Amending the Land Use Table in KMC 14.22.010 to: 1) change the uses of personal services, restaurants, and dormitories/boarding houses from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC) and 2) add language to Footnote 25 to clarify that tattoo parlors are personal services and also requiring them to have a Conditional Use Permit in the TSH Zone................................................................................... 137 4. 1/30/09 Department of Commerce, FY 10 Population Determination ................ 144,' 5. 2009 Alaska Gaming Permit Application -- Our Lady of the Angels Church......... 145 6. 2/ 11/09 F. Dahl email transmission related to proposed smoking ban ordinance....................................................................................................... 147 7. 2/9/09 P. Wong letter related to Kenai Boys & Girls Club funding ..................... 151 8. 2/03/2009 Kenai Peninsula Borough Assembly Meeting Agenda ....................... 152 Suggested by: The Planning and Zoning Commission CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE DEVELOPMENT REQUIREMENTS TABLE IN KMC 14.24.020 TO PROVIDE FOR FRONT SETBACKS OF TWENTY-FIVE (25) FEET, SIDE AND REAR SETBACKS OF TEN (10) FEET IN THE LIGHT INDUSTRIAL (IL), HEAVY INDUSTRIAL (IH), CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (CG) AND CENTRAL MIXED USE ZONES (CMU). WHEREAS, the City of Kenai Zoning Code has a Development Requirements Table in KMC 14.24.020; and, WHEREAS, the Development Requirements Table sets out the front, rear and side yard setbacks in non-commercial zones but does not set specific requirements for commercial, industrial and the central mixed use zone; and, WHEREAS, proper land use planning should include standard minimum setbacks in all zones; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to include minimum setbacks for commercial, industrial and the central mixed use zone; and, WHEREAS, the proper setbacks in such zones should be twenty-five (25) feet for the front yard setback and ten (10) feet for the side and rear yard setbacks. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF uENA_t, ALASKA, that KMC 14.24,020 (Development Requirements Table) be amended as shown in Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of February, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: February 4, 2009 Adopted: February 18, 2009 Effective: March 18, 2009 New Text Underlined; [DELETED TEXT BRACKETED] H Ordinance No. 2381-2009 Attachment "A" Chapter 14.24 Table 14.24,020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C/RR RRI RS RSI RS2 RU/TSH IL/UJ/CC/CG/CMU R ED LC MINIMUM LOT 90 90 60 60 60 60 See individual sections 90 90 j 90 WHYTH (feet) of Code for reauiremenrs I MINIMUM LOT SIZE (feet) Front' 25 25 25 25 25 10 25 25 25 25 Side i One -Story'! 15 5 5 j 5 5 5 i_Q 15 15 IS Daylight Basement/ IS 10 10 10 10 ! 5 10 15 15 15 ; Split Level' Two -Story' IS 1.5 15 15 15 54 10 IS i5 15 PiEE INDIVIDUAL SECTIONS OF CODE FOR RECUIREMENtsI Rear 20 20 20 20 20 1.0' 20 20 20 Maximum Lat 30% 30% 30% 309/6 30% 4Vl, 30% 90% 300/6 Coverage Maximum Height 35 35 ( 35 35 35 35 (feet) Footnotes! (1) Provided that the minimum front setback is measured from any right-of-way, or access easemant. (2) Side setbacks are determined independently' from the front view of the structure. Plot plan/&s buft will distinguish single and two- story portions of building to verify setback distances are met. ' (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one-story is considered a one-story structure in its entirety. Two-story is defined as one-story plus more than one-half (1 /2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one-story plus less than one-half 0r2) the height of the lower story all situated above grade. I For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the j building mid a line five (5) feet from the building. (4) Except that for each story over two (2) smries, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (1.4) feet for each side yard andarineteen (19) feet for the rest yard. 'n- 2>>- CITY OF HENAT PLANNING AND ZONING COIMMI! RESOLUTION NO. PZ09-02 Ehc c<Yy o f KEKAL ALASKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE DEVELOPMENT REQUIREMENTS TABLE IN KMC 14.24.020 BE AMENDED TO PROVIDE FOR FRONT SETBACKS OF TWENTY-FIVE (25) FEET, SIDE AND REAR SETBACKS OF TEN (10) FEET IN THE LIGHT INDUSTRIAL (IL), HEAVY INDUSTRIAL (IH), CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (CG) AND CENTRAL MIXED USE ZONES (CMU). WHEREAS, the City of Kenai Zoning Code has a Development Requirements Table in KMC 14.24.020; and, WHEREAS, the Development Requirements Table sets out the front, rear and side yard setbacks in non-commercial zones but does not set specific requirements for commercial, industrial and the central mixed use zone; and, WHEREAS, proper land use planning should include standard minimum setbacks in all zones; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to include minimum setbacks for commercial, industrial and the central mixed use zone; and, WHEREAS, the proper setbacks in such zones should be twenty-five (25) feet for the front yard setback and ten (10) feet for the side and rear yard setbacks. PASSED ALASKA, BY THE PLANNING AND ZONING COp 7WI IT OF KEi A ,this 28TH day of January 2009. �,�TMn r CHAIRMAN A�TEs r New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] -3- Resolution PZ09-02 Attachment "A Chapter 14.24 Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS '.. USES C/RR RRl RS RSI RS2 RUITSH IId111/CC/CG/Cmu R ED LC MINIMUM LOT 90 90 60 60 60 60 See individual sectiorvc 90 90 90 of Code for WIDTH (feet) requirements MINIMUM LOT SIZE (feet) Front' 25 25 25 25 25 10 25 25 25 25 �Side' One-Storia 15 5 5 5 5 5 [SEE INDIVIDUAL SECTIONS OF CODE I5 15 15 Daylight Basement/ 15 10 1.0 10 10 5 FOR 1S 15 15 REQUIREMENTS] Sptit Level° Twa-Story' 15 15 15 15 15 5" 10 15 15 15 Rear 20 20 20 20 20 to, 10 20 20 20 Maximum Lot 30% 30% 30% 30% 30% 40% 30% 30% 30% Coverage Maximum Height 35 35 35 35 35 35 (feet) Footnotes: (1) Provided that the immmum from setback is measured from any right-of-way or access casement. (2) Side setbacks are determined independently from the front view of the structure. Plot plah/As-built will distinguish single and two- story portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one-story is considered a one-story, structure in its entirety. Two-story is deduced as one-story plus more than one-half (1/2) the height of the lower story all situated above grade. Daylight basement/spl t level is defined as one-story plus less than one-half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the 3 building and a line five (5) feet frorn the building, (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and ninefcen (19) feet far the rear yard. In //Klla�e with a Fast, C# with a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 _ % Telephone: 907-283-7535 / FAX: 907-283-3014 1� j '- 1992 Ehc oily o f KEHAE ALASU V MERWIlluos TO: Rick Koch; City Manager r t FROM: Marilyn Kebschull; Planning Administration'" DATE: February 10, 2009 SUBJECT: Ordinance No. 2381-2009 Council is holding a public hearing on the above -referenced ordinance which will require setbacks in commercial and industrial zones. Setbacks in these zones are currently regulated by the building code. By buildingto certain standards, structures may be built with no setbacks. The ordinance proposes a front setback of 25 feet. This is consistent with most zones and it is also believed the setback provides enough distance for safety purposes for ingress and egress to properties. The side setback of 10-feet was recommended after consulting with tha hj iiiding official. The 10-foot setback provides for most construction without additional building code requirements. Kenai Municipal Code 14.20.180 (Variance Permits) provides for a relaxation from these requirements. I am recommending Council approve the proposed ordinance. -5- Suggested by: Administration the 'd KEAUALASKA CITYY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING NOMINATIONS FOR PROJECTS FOR THE 2010-2013 STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP). WHEREAS, the State of Alaska, Department of Transportation and Public Facilities (ADOT/PF) has announced its Call for Nominations for roads and trail projects to be considered for federal funds in the 2010-2013 STIP; and, WHEREAS, the Kenai City Council each year establishes capital improvement priorities, including proposed state and federally funded road and trail projects; and, WHEREAS, the City of Kenai wants their road and trail capital improvement projects to be nominated and considered for inclusion in the ADOT/PF 2010-2013 STIP; and, WHEREAS, the projects are as follows: 1. Kenai Bridge Access Road Pedestrian Pathway 2. Kenai Spur Highway - Upgrade Five Intersections 3. Kenai Spur Highway - Upgrade to Five Lane Configuration between Soldotna and Kenai 4. Beaver Loop Road Improvements and Pedestrian Pathway NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, it approves nominations for the above -listed projects for the 2010-2013 Statewide Transportation Improvement Program (STIP). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of February,2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR I on "V `llaye with a Past C# witk a Future ®` 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.d.kenai.ak.us the 41 KENUALASKA February 19, 2009 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507-1286 RE: LIQUOR LICENSE RENEWAL(S) At its regular meeting of February 18, 2009, the Kenai City Council considered the following renewal of the liquor license applicant listed below and raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Beverage Dispensary Roy Dale Howard, d/b/a Kenai Joe's #626 If you have any questions, please contact me at 283-7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant(s) N FEB-12-2009 THU 12:08 PM KENAI PENN BOROUGH CLERK FAX NO. 907 262 8616 P. 01/01 KENAI PENINSULA BOROUGH 144 N. BINKLEY ST . SOLDOTNA, ALASKA • 99669-7520 PHONE: (907) 714.2160 • FAX: (907) 714-2388 Toll -free within the Borough: 1-800.478.4441, Ext. 2160 EMAIL: assamblyclerk@borough.kenai.ak.us 10HNi BLANKENSHIP, CMC BOROUGH CLERK February 12, 2009 Ms, Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 & Tudor Road Anchorage, AK 99507.1286 Re: Application for Renewal of Liquor License: #626 Dear Ms, Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the following application(s) for renewal of liquor license(s) of the establishments) located within the City of Kenai, Alaska: Beverage Dimensary Kenai Joe's #626 The Kenai Peninsula Borough Finance Depanment has reviewed its files and has raised no objection based on unpaid or, delinquent taxes. Sincerely, ohniBlanl:enship CMC U Borough Clerk cc: Applicant City of](anai KP3 Finance ➢opanmmt RIC AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 4, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai-ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3, Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence or- the agenda as part of the General Orders, ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 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.) 1. Ordinance No. 2375-2009 -- Amending KMC 23.50.010(c) Changing the Range that Police Trainees are Paid While at the Police Academy in Sitka from a Range 2 to a Range 2, Step F. 2. Ordinance No. 2376-2009 -- Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund Fire Department for a State Grant. 3. Ordinance No. 2377-2009 -- Increasing Estimated Revenues and Appropriations by $200,500 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Construction. 4. Ordinance No. 2378-2009 -- Increasing Estimated Revenues and Appropriations by $5,417 in the General Fund for State Traffic Grant Overtime Expenditures, 5. Ordinance No. 2379-2009 -- Authorizing a Budget Transfer of $10,000 From the General Fund Parks to the General Fund Non -Departmental and Increasing Estimated Revenues and Appropriations by $10,000 in the Dunes Rehabilitation Capital Projects Fund for Protective Fencing. 91 6. Ordinance No. 2380-2009 -- Appropriating $325,000 From Airport Funds to Purchase Certain Improvements on Property Known as Tract A- 1-A, Baron Park Subdivision, Fire Addition From the University of Alaska. 7. Resolution No. 2009-02 -- Authorizing the City to Enter Into an Agency Fund Agreement with the Kenai Community Foundation. 8. TRANSFER OF LIQUOR LICENSE -- From Amy Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474. ITEM F: MINUTES *Regular Meeting of January 21, 2009. ITEM G: UNFINISHED BUSINESS ITEM H• Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2381-2009 -- Amending the Development Requirements Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). 1. Council on Aging 2, Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon Task Force ITEM K: ADMINISTRATION REPORTS City Manager -10- Attorney City Clerk ITEM L: DISCUSSION Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a. later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI 0 budget process.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development -Preparation -Distribution -Publication -Late Materials. (Clerk's Note: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codify.) ITEM N: -- None Scheduled -11- KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 4, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://"www,ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A-. CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A-2. Roll Call The Acting City Clerk took the roll. Present were: Pat Porter, Mayor Hal Smalley Joe Moore Barry Eldridge _ Rick Ross, Vice Mayor Robert Molloy Mike Boyle A quorum was present. Also present: Student Representative Maya Johnson A-3. Agenda Approval The following changes were requested: ADD TO: ES, Transfer of Liquor License -- Withdrawal of Protest from the Kenai Peninsula Borough MOVE: E-S, Transfer of Liquor License -- To be heard first during Public Hearings. MOVE: E-7, Resolution 2009-02 -- To be heard as soon as the Representative from Kenai Community Foundation arrived within Public Hearings. kWrs7iy Council Member Smalley MOVED to approve the agenda with the requested changes and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. -12- KENAI CITY COUNCIL MEETING FEBRUARY 4, 2009 PAGE 2 A-4. Consent Agenda Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly Member Smalley gave a brief report of actions and discussions that took place at the February 3, 2009 Borough Assembly meeting. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-S. TRANSFER OF LIQUOR LICENSE -- From Amy Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474. City Attorney Graves reviewed information included in the packet; noting back taxes would need to be paid prior to the reissue of the license. Ixr[s�iTr3�iM Council Member Eldridge MOVED to approve the transfer of liquor license and Council Member Smalley SECONDED the motion. L63l11=�9 *Student Representative Johnson: YES Smallev YES Moore i YES Eldridge YES Ross YES Molloy YES Boyle YES Porter YES M[i7t[f)�i E-1. Ordinance No. 2375-2009 -- Amending KMC 23.50.010(c) Changing the Range that Police Trainees are Paid While at the Police Academy in Sitka from a Range 2 to a Range 2, Step F. -13- KENAI CITY COUNCIL MEETING FEBRUARY 4, 2009 PAGE 3 fH43100) Council Member Smalley MOVED to adopt Ordinance No: 2375-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. City Manager Koch noted this was to allow the same rate of pay for students at the Police Academy as they would make at work. VOTE: *Student Representative Johnson: YES Smalley YES Moore YES 1 Eldrid e YES Ross YES Molloy YES { Boyle ( YES Porter YES E-7. Resolution No. 2009-02 -- Authorizing the City to Enter Into an Agency Fund Agreement with the Kenai Community Foundation. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2009-02 and. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. Rick Baldwin, 3080 Kim N Aug Court -- Baldwin gave an overview of the Kenai Community Foundation's history and mission, noting the City would act as the custodian of the fund, which he believed would enhance rather than duplicate functions within the City. There being no further comments, the public hearing was closed. i T 0104116Wii Council Member Smalley requested UNANIMOUS CONSENT and Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. -14- KENAI CITY COUNCIL MEETING FEBRUARY 4, 2009 PAGE 4 E-2. Ordinance No. 2376-2009 -- Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund Fire Department for a State Grant. MOTION: Council Member Eldridge MOVED to approve Ordinance No. 2376-2009 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: YES Smalle YES Moore YES Eldrid e YES Ross YES Molloy YES Bo le YES Porter YES MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2377-2009 -- Increasing Estimated Revenues and Appropriations by $200,500 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Construction. MOTION: Council Member Eldridge MOVED to approve Ordinance No. 2377-2009 and Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. City Manager Koch noted the project would have a payback time of eight to nine years. Council member Molloy noted the addition to the courthouse was mostly completed and the court rooms were being used. VOTE: *Student Representative Johnson: YES Smalley YES Moore YES Eldridge YES Ross YES Molloy YES Boyle YES -15- KENAI CITY COUNCIL MEETING FEBRUARY 4, 2009 PAGE 5 Porter YES E-4. Ordinance No. 2378-2009 -- Increasing Estimated Revenues and Appropriations by $5,417 in the General Fund, for State Traffic Grant Overtime Expenditures, MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2378-2009 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: "Student Representative Johnson: YES Smalley i YES Moore YES 1 Eldridge YES Ross YES Mollo YES Bo le YES � Porter YES MOTION PASSED UNANIMOUSLY. E-S. Ordinance No. 2379-2009 -- Authorizing a Budget Transfer of $10,000 From the General Fund Parks to the General Fund Non -Departmental and Increasing Estimated Revenues and Appropriations by $10,000 in the Dunes Rehabilitation Capital Projects Fund for Protective Fencing. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2379-2009 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. City manager Koch noted the ordinance covered fencing only, not elevated walkways and noted, staff would work to uncover the buried walkways. VOTE: "Student Representative Johnson: YES -16- KENAI CITY COUNCIL MEETING FEBRUARY 4, 2009 PAGE 6 Smalle YES Moore YES Eldridge YES Ross YES Molloy YES Boyle 'YES Porter YES I t----� E-6. Ordinance No. 2380-2009 -- Appropriating $325,000 From Airport Funds to Purchase Certain Improvements on Property Known as Tract A- i -A, Baron Park Subdivision, Fire Addition From the University of Alaska. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2380-2009 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. Rick Baldwin, 3080 Kim N Ang Court -- Spoke in favor of the purchase; noting the Rotary originally wanted to sponsor the area as a park, and complimented the Council on this ordinance. There being no further comments, the public hearing was closed. Council Member comments included: • Encouraged Adminktratinn and the Airport ComMiggian to look at other lands to acquire. • Thanked Administration for their work on the issue. • Ex -pressed concern with taking monies from the Airport Fund. • Noted improvements to the land would be purchase and the lease would be terminated. Koch reported this land would be a valuable asset to the City, he would be looking for a master plan for the park, which would be eight to ten acres. VOTE: *Student Representative Johnson: YES Smalley G YES Moore 1 YES Eldridge YES Ross AYES Molloy I YES Boyle YES j Porter YES ( I -17- KENAI CITY COUNCIL MEETING FEBRUARY 4, 2009 PAGE 7 ITEM F: MINUTES F-I. Regular Meeting of January 21, 2009 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS H-1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED, H-3. Ordinance No. 2351-2009 -- Amending the Development Requirements Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). Introduced by approval of consent agenda. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Ross reported the next meeting would be held on February 12, 2009. 1-2. Airport Commission -- Council Member Eldridge reported the next meeting would be held on February 12, 2009, and Council Member Moore would be attending in his absence. 1-3. Harbor Commission -- Council Member Smalley reported the next meeting would be held on February 9, 2009. in KENAI CITY COUNCIL MEETING FEBRUARY 4, 2009 PAGE 8 I-4. Library Commission -- Council Member Boyle reported on the February 3, 2009 meeting, noting the groundbreaking for the expansion would be in 2010. I-S. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held on April 2, 2009. I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the minutes of the January 28, 2009 meeting which was included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter reported the next meeting was February 10, 2009 and appointed Leah Stanford to the Committee. I-7b. Alaska Municipal League Report -- Council Member Smalley reviewed the meetings he attended in Juneau during the AML Winter meeting and noted the AML Capital Improvements List was finalized. I-7c. Mini -Grant Steering Committee -- Council Member Moore reported the next meeting would be the week of February 16, 2009. I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported the next meeting would be February 19, 2009, and Mayor Porter would be attending in his absence. I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley reviewed the meeting of February 2, 2009; noting the 2nn9 budget ,*gas approved. I-7f. Salmon Task Force -- Council Member Moore reported the next meeting would be held on February 11, 2009. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:05 P.M. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • She received notice from the State the 2008 population of the City of Kenai was 7,115, an increase of approximately four percent. • Boys and Girls Club had expressed concerns over funding. • She attended the Kenai Chamber of Commerce Awards where Susan Smalley received the Volunteer of the Year award. • She dropped the puck at a recent Brown Bears hockey game. • She met with the Governor in Juneau during AML Winter Meeting. • She would be presenting at the Unocal Retirees luncheon on February 5, 2009. -19- KENAI CITY COUNCIL MEETING FEBRUARY 4, 2009 PAGE 9 • She would be working on the Kenai Peninsula Borough School District Battle of the Books on February 7, 2009. K-1. City Manager -- City Manager Koch reported the following: He spoke on KDLL regarding the Federal Stimulus. • The first meeting with Audio Streaming would be April 1, 2009. • His son had listened to Gavel to Gavel, and noted Wildwood would be adding 68 beds for a halfway house. • He attended meetings in Juneau which went well. • The design for the library expansion would be completed midsummer, the project would go to bid in December 2009 with a bid opening in late January 2010, and the groundbreaking would occur in the spring of 2010. K-2. Attorney -- City Attorney Graves reported 13 applications had been received for the Attorney position. A work session was set for March 10, 2009 at 6:00 p.m. to review the resumes. K-3. City Clerk -- Acting City Clerk had no report. Mayor Porter inquired as to the need for the Action Agenda in the Commission packets. Council Member Smalley reported they were appreciated by commissioners with whom he worked. ITEM L: L-1. Citizens -- None L-2. Council Boyle -- No comments. Molloy -- No comments. Ross -- No comments. Johnson -- Reviewed the activities at Kenai Central High School, including parent/teacher conferences and Job Shadow Day (February 24, 2009). Eldridge -- Reported EDD had elected new board members and he would be teleconferencing in to the next Council meeting. Moore -- No comments. Smalley -- Reported the Federal Stimulus still contained $800 Million for the State of Alaska. -20- KENAI CITY COUNCIL MEETING FEBRUARY 4, 2009 PAGE 10 ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI budget process.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development -Preparation -Distribution -Publication -Late Materials. (Clerk's Note: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codify. ) EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:32 p.m. Minutes submitted by: Corene Hall, Acting City Clerk "The student may cast advisory votes in 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 the vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -21- PAYMENTS OVER $16,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: FEBRUARY 18, 2009 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 61,533.05 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect Int. i N N th<o'tyof/ KENUALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2382-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,200 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the Kenai. Community Library was awarded a two year grant from the Bill and Melinda Gates Foundation in the amount of $3,900 for FY2009 and $1,300 for FY2010 for technology services, and, WHEREAS, the Friends of the Library provided the required $1,300 of "matching" funds for the FY2009 grant; and, WHEREAS, the acceptance of this grant will allow for two computers and software. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: GENERAL Fund Increase Estimated Revenues: Library Grants Library Donations Increase Appropriations: Library - Comvuters Library - Software $3,900 1,300 $SJ 200 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance:, (02/ 10,/2009) tw PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -23- MEMORANDUM TO: Rick Koch, City Manager FROM: Mary Jo Joiner, Library Director DATE: I 1 February 2009 SUBJECT: Ordinance for City Council packet 2/18/09 The monies in this ordinance come from the Bill & Melinda Gates Foundation ($3,900) and the Friends of the Library ($1,300). Since the total amount may be used for both hardware and software we have allocated the Gates money for hardware and the Friends donation towards software. The TechAtlas inventory referred to below was done electronically and submitted to the Gates foundation. The money is to be used only for public access computers and may not be used for staff only workstations. The Foundation found that three of our public workstations were outdated. This grant is intended to help those libraries that originally received Gates grants for computers to upgrade their equipment and software. Please see the information below that carne directly from the Foundation. Note that the library director, Sal Mattero and Chris Cook attended the mandatory workshop in October 2008. Based on an analysis of the number of people living in poverty in your service area, and the data returned from the TechAtlas inventory you completed in February, the Bill & Melinda Gates Foundation has determined that your library is eligible to participate in its Opportunity Online hardware grant program. This program is designed to help libraries sustain technology services and strengthen their capacity to conduct advocacv and secure local funding. The amount of funding that your library is eligible for in each phase of the program is 'listed below. These amounts are based on the number of existing up-to-date public access computers and the number of low-income individuals served by your library. The amount of the grant is also based on a "total cost of ownership" model determined by the foundation which incorporates the cost of supporting a public access computer in a public library over a period of four years, including set- up, maintenance, and tech support. Kenai Community Library Year 1 Computers: 2 Year 1 Library provides: $1,300 Year 1 Gates Foundation provides: $3,900 Year 2 Computers: 1 Year 2 Library provides: $1,300 Year 2 Gates Foundation provides: $1,300 In addition, there is an advocacy training workshop that will take place in late 2008 which at least one staff must attend. All expenses will be paid by the Foundation. -24- Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $54,230 IN THE AIRPORT FUND EQUIPMENT CAPITAL PROJECT FUND FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT, WHEREAS, Ordinance No. 2342-2008 appropriated funds for the purchase of a new plow for an existing piece of equipment at the airport; and, WHEREAS, Ordinance No. 2342-2008 indicated that the purchase had been approved for Federal Aviation Administration (FAA) grant funding but was awaiting the availability of funds in order to award the grant; and, WHEREAS, grant funds are now available and the City has been awarded a grant totaling $54,230 comprised of 95% FAA $52,840, 2.5% State of Alaska $1,390 and requiring a 2.5% local share of $1,391; and, WHEREAS, Ordinance No. 2384-2009 will reduce the estimated revenue appropriation of Ordinance No. 2342-2008 to the local match amount of $1,391 and the result will be a total project budget of $55,621. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Equipment Capital Project Fund Increase Estimated Revenues: Federal Grant Revenue State Grant Revenue Increase Appropriations Administration Machinery & Equipment New Text Underlined; (DELETED -25- SRACKETEDi $52,840 1.390 $554 230 $ 1,341 52,889 $S4 230 Ordinance No. 2383-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 2009, ATTEST: Carol L. Freas, City Clerk Approved by Finance: - �® PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4, 2009 New Text underlined; [DELETED TEXT BRACKETED] e Municipal Airport. Wv% ■. ■ To: Rick R. Koch - City Manager From: Mary Bondurant —Airport Manage Date: February 11, 2009 Subject: FAA Grant Offer— "Acquire Snow Removal Equipment" In September 2008, the Airport requested appropriation of $65,000 for the purchase of new snow removal equipment — specifically a 24' articulating rollover blade attachment for the Oshkosh sand truck. The FAA agreed the plow was AIP eligible and would reimburse 95% of the cost back to the Airport when grant funds became available. The City solicited bids in October 2008 and awarded a bid on November 5, 2008 to Bob's Services for $54,280. A federal grant application for $55,621 was submitted to the FAA on January 19, 2009 and the City has now received the FAA's grant offer for $52,840 (95%). The Airport and State of Alaska are each responsible for 2.5% of this project or $1,391 and $1,390 respectively. Cc: Terry Eubank — Finance Director wwwz. kenai.ak. us. -27- Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REDUCING ESTIMATED REVENUES AND APPROPRIATIONS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 2342-2008 BY $63,609 IN THE AIRPORT FUND AND IN THE AIRPORT EQUIPMENT CAPITAL PROJECT FUND FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT. WHEREAS, Ordinance No. 2342-2008 appropriated funds for the purchase of a new plow for an existing piece of equipment at the airport; and, WHEREAS, Ordinance No. 2342-2008 indicated that the purchase had been approved for Federal Aviation Administration (FAA) grant funding but was awaiting the availability of funds in order to award the grant; and, WHEREAS, grant funds are now available and the City has been awarded a grant totaling $54,230 comprised of 95% FAA $52,840, 2.5% State of Alaska $1,390 and requiring a 2.5% local share of $1,391; and, WHEREAS, the funding provided by Ordinance No. 2342-2008 may now be reduced as intended by $63,609 leaving the required local match of $1,391 for the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be decreased as follows_ Airport Fund Decrease Estimated Revenues: Appropriation of Fund Balance $63,609 Decrease Appropriations Transfer to Capital Projects Fund $63,609 Airport Equipment Capital Project Fund Decrease Estimated Revenues: Transfer from Airport Fund $63,609 Decrease Appropriations Machinery & Equipment $63,609 New Tent Underlined; [DELETED TEXT BRACKETED] -28- Ordinance No. 2384-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 2009. ATTEST: PAT PORTER, MAYOR Carol L, Freas, City Clerk Approved by Finance: Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4, 2009 New Text Underlined; (DELETED TEXT BRACKETED) v ll \\ ttic<rry0/// KENAI, ALASKA CITY OF KENAI Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $22,973 IN THE AIRPORT FUND AND BY $918,899 IN THE AIRPORT EQUIPMENT CAPITAL PROJECT FUND FOR THE PURCHASE OF AN AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) TRUCK. WHEREAS, the FAA has approved funding for the purchase of an ARFF truck; and, WHEREAS, the estimated cost of the truck is $918,899; and, WHEREAS, the FAA will fund 95%, the State of Alaska will fund 2.5% and the Airport Fund will provide 2.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Transfer to Capital Project Fund Runway Improvement Capital Project Fund Increase Estimated Revenues: Federal Grant State Grant Transfer from Airport Fund Increase Appropriations: Administration Machinery & Equipment New Text UuderIired; [DELETED TEXT BRACKETED] -30- $22,973 $22,973 $872,954 22,972 22.973 $918,899 $ 18,018 $900,881 $918 829 Ordinance No. 2385-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 2009. ATTEST; Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4, 2009 New Text Underlined; [DELETED TEXT BRACKETED) -31- Municipal Airport To: Rick R. Koch - City Manager From: Mary Bondurant —Airport Manage4 Date: February 11, 2009 Subject: FAA Grant Offer — "Acquire ARFF Vehicle" The Airport identified the need to replace the Aircraft Rescue and Fire Fighting Vehicle (ARFF) in the FY09 Airport Capital Improvement Plan. This vehicle is beyond its service life and does not satisfy the new requirements for airport rescue vehicles. In December 2008, the FAA notified the Airport that discretionary funds were available to replace this vehicle. A federal grant application for $918,899 was submitted to the FAA on February 12, 2009. The City has now received the FAA's grant offer for $872,954 (95%). The Airport and State of Alaska are each responsible for 2.5% of this project or $22,973 and $22,972 respectively. Purchase of a new Aircraft Rescue and Fire Fighting Vehicle equipped with the latest technology and equipment available will assist in the overall effectiveness of the airport's rescue and firefighting response and satisfy the Part 139 requirements for rescue response. Cc: Terry Eubank— Finance Director www.d.kenaLak.us. -32- Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $740,832 IN THE RUNWAY IMPROVEMENT CAPITAL PROJECT FUND FOR PHASE A OF THE AIRPORT APRON PAVEMENT REHABILITATION PROJECT. WHEREAS, Ordinance No. 2341-2008 appropriated funds for design services for the Airport Apron Rehabilitation Project; and, WHEREAS, Ordinance No. 2341-2008 indicated the purchase had been approved for Federal Aviation Administration (FAA) grant funding but was awaiting the availability of funds in order to award the grant; and, WHEREAS, grant funds are now available and the City has been awarded a grant totaling $740,832 comprised of 95% FAA $721,837, 2.511/. State of Alaska $18,995 and requiring a 2.5% local share of $18,996; and, WHEREAS, Ordinance No. 2387-2009 will reduce the estimated revenue appropriation of Ordinance No. 2341-2008 to the local match amount of $18,996 and the result will be a total project budget of $759,828. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Equipment Capital Project Fund Increase Estimated Revenues: Federal Grant Revenue $721,837 State Grant Revenue 1&995 $740,832 Increase Appropriations Administration $ 11,237 Engineering 234,063 Construction 495,532 8740.832 New Text Underlined; [DELETED TEXT BRACKETED) -33- Ordinance No. 2386-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 2009, ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4, 2009 New Text Underlined; [DELETED TEXT BRACKETED] ma , I_ To: Rick R. Koch - City Manager From: Mary Bondurant —Airport Manag Date: February 11, 2009 Subject: FAA Grant Offer — "Rehabilitate Apron, Phase 9" The Airport identified a project to overlay and/or reconstruct portions of the existing apron in the FY09 Airport Capital Improvement Plan. The old pavement is between 25 and 35 years old and beyond its useful life as recommended in the Airport Master Plan and in the DOT/PF pavement condition survey. Several apron pavement areas were found to be below published airfield pavement strength. Apron pavement rehabilitation will reduce pavement maintenance and enhance the effectiveness and efficiency of aircraft operating on the airport apron ensuring safe operations. This project is an estimated $5,950,000 two-phase project to be funded under 2008/2009 and 2010 entitlement and discretionary grant funds. This Phase I grant is intended to be the first phase of a two-phase project for FY09. The Phase I I grant funding will be the difference in funding necessary for Federal share of the entire project less the Phase i funding, subject to available Sponsor entitlements and/or discretionary funds. In August 2008 the Airport appropriated $198,000 for the project design. A federal grant application for $2,525,500 was submitted in January 2009 and the City has now received the FAA's grant offer for $721,837 (2008/2009 entitlement funds). The Airport and State of Alaska are each responsible for 2.5% of this project or $18,996 and $18,995 respectively. cc: Terry Eubank— Finance Director www.dkenaiak.us. -35- Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2387.2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REDUCING ESTIMATED REVENUES AND APPROPRIATIONS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 2341-2008 BY $179,004 IN THE AIRPORT FUND AND IN THE AIRPORT EQUIPMENT CAPITAL PROJECT FUND FOR THE APRON PAVEMENT REHABILITATION PROJECT. WHEREAS, Ordinance No. 2341-2008 appropriated funds for the design phase of the Airport Apron Pavement Rehabilitation Project and, WHEREAS, Ordinance No. 2341-2008 indicated that the project had been approved for Federal Aviation Administration (FAA) grant funding but was awaiting the availability of funds in order to award the grant; and, WHEREAS, grant funds are now available and the City has been awarded a grant totaling $740,832 comprised of 95% FAA $721,837, 2.5% State of Alaska $18,995 and requiring a 2.5% local share of $18,996; and, WHEREAS, the funding provided by Ordinance No. 2341-2008 may now be reduced as intended by $179,004 leaving the required local match of $18,996 for the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be decreased as follows: Airport Fund Decrease Estimated Revenues: Appropriation of Fund Balance Decrease Appropriations Transfer to Capital Projects Fund Airport Equipment Capital Project Fund Decrease Estimated Revenues: Transfer from Airport Fund Decrease Appropriations Engineering $179,004 $179,004 $179,004 $179,004 New Text Underlined; (DELETED TEXT BRACKETED! -36- Ordinance No. 2387-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 2009. ATTEST: Carol L. Freas, City Cleric Approved by Finance: w . New Text Underlined; PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4, 2009 BRACKETED] -37- Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.15.060 TO ALLOW SURPLUS OR OBSOLETE SUPPLIES, MATERIALS OR EQUIPMENT TO BE SOLD BY INTERNET BIDDING PROCESS OR BY A BROKER WHEN THE COUNCIL DETERMINES IT IS IN THE BEST INTEREST OF THE CITY. WHEREAS, KMC 7.15.060 provides a process for the sale of surplus or obsolete supplies or equipment; and, WHEREAS, the process does not allow for such items to be sold via the internet on sites as "E-Bay" or "Craig's List"; and, WHEREAS, selling surplus city property on such sites will allow the city to access a much larger number of potential buyers than doing sales by local auction alone; and, WHEREAS, the City code should be amended to allow such sales when advantageous to the City; and, WHEREAS, the market is so limited for some obsolete or surplus city property that it should be sold by broker to obtain the best sale price for the city; provided that such sale be authorized by Council resolution. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that it is in the best interest of the citizens of the City of Kenai to amend KMC 7.15.060 as outlined in Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March. ATTEST: Carol L. Freas, City Clerk Approved by Finance PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: April 4, 2009 New Tex- Underlined; [DELETED TEXT BRACKETED) IN Ordinance No, 2388-2009 Attachment "A" 7.15.060 Sales, surplus, competitive bidding, LaZ No surplus or obsolete supplies, materials, or equipment may be sold (except by trading in on other goods or services) until the Council shall have declared them obsolete or surplus. Before the City Administrator sells any surplus or obsolete supplies, materials, or equipment, except as otherwise provided, in the next section, he or she shall advertise them for sale in a newspaper of general circulation in the City or give notice in such other manner as he or she deems necessary adequately to reach prospective buyers to give them an opportunity to make bids. All bids shall be sealed and shall be opened in public at a designated time and place, except when the sale is by auction or by an internet sale process. (b) The Council may by resolution. including such terms and conditions as it deems appropriate, declare and authorize sale of surplus or obsolete supplies, materials or equipment by a broker if the nature of items is such that sale by broker is in the best interest of the City. The Citv Manager shall submit a written report to the Council of any item sold by a broker including the commission buyer, and time terms and conditions of the sale. Such written report shall be included in a council packet within 30 days after the sale date. (c) The City Administrator may repeatedly reject all bids and advertise or give notice again. He or she shall sell such supplies, materials, or equipment to the highest responsible bidder for cash. In case of a tie, he or she may sell to either of the bidders tying, or may divide the sale among two or more tying, always selling to the highest responsible bidder or bidders for cash. -39- ",• Suggested by: Planning & Zoning/Administration e �ry°l CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.260 TO BETTER PROVIDE FOR ENFORCEMENT FOR VIOLATIONS OF THE KENAI CITY CODE AND TO PROVIDE FOR APPEAL OF ADMINISTRATIVE ENFORCEMENT ORDERS TO THE BOARD OF ADJUSTMENT. WHEREAS, KMC 14.20.260 provides for the administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KMC 14.20.260 does mention the role of the City's Planner in administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KMC 14.20.260 should be amended to defame the role of the Planner in administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KMC 14.20.260 also needs to be amended to better provide for administrative enforcement of the Kenai Zoning Code and other portions of the City Code; and, including enforcement orders and administrative fines; and, WHEREAS, KMC 14.20.260 should include the ability of a person served with an enforcement order to appeal that order to the City's Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.060 is hereby amended as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March., 2009. ATTEST: Carol L, Freas, City Clerk PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: April 4, 2009 New Text Underlined; ;DELETED TEXT BRACKETED] Ordinance No. 2399-2009 Attachment "A" [Type text] Page I of 3 14.20.260 Administration, enforcement, and penalties. [(A) THE CITY MANAGER OF THE CITY OF KENAI IS NAMED AS THE ADMINISTRATIVE OFFICIAL FOR THE PURPOSE OF ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER. (B) IF THE ADMINISTRATIVE OFFICIAL FINDS THAT ANY OF THE PROVISIONS OF THIS CHAPTER ARE BEING VIOLATED, HE OR SHE SHALL NOTIFY IN WRITING THE PERSON RESPONSIBLE FOR SUCH VIOLATIONS, INDICATING THE NATURE OF THE VIOLATION AND ORDERING THE ACTION NECESSARY TO CORRECT IT. 14E OR SHE SHALL ORDER DISCONTINUANCE OF ILLEGAL USES OF LAND, BUILDING, OR STRUCTURES; REMOVAL OF ILLEGAL BUILDINGS, OR STRUCTURES OR OF ADDITIONS, ALTERATIONS, OR STRUCTURAL CHANGES THERETO; DISCONTINUANCE OF ANY ILLEGAL WORK BEING DONE; OR SHALL TAKE ANY OTHER ACTION AUTHORIZED BY THIS CHAPTER TO INSURE COMPLIANCE WITH OR TO PREVENT VIOLATIONS OF ITS PROVISIONS.] a. Planning and Zonin$ Administration and Enforcement.. The administration and enforcement of the Kenai Zoning Code is a function of the Planner under the supervision of the City Manager. b. City Planner — Functions and Powers. I. The City Manager may appoint a City Planner and one or more assistants however denominated. 2. If appointed by the City Manager, the City Planner shall have all functions and may exercise all powers necessary to administer and enforce the zoning code Assistants to the City Planner may exercise the administration and enforcement functions and powers of the City Planner under the City Planner's supervision. 3. Administration and enforcement functions and powers of the City Planner include, but are not limited to maintaining records of all zoning text and district chances related to this title c. Enforcement orders. 1. In addition to any other remedy or other method of enforcement available under the Kenai Zoning Code or other provision of the Kenai Citv Code or other law, the City Manager or the City Planner may order: (A) The discontinuation of a use of land or a structure that is in violation of the Kenai Zoning Code, a regulation or a permit. (B), The abatement or removal of a structure or part of a structure that is in violation of the Kenai 7oning Code, a regulation or a permit. (C), The discontinuation of construction or other activity preparatory to a structure or use of real property that is in violation of the Kenai Zoning Code, a regulation or a permit. EO. The suspension or revocation of a permit under which a violation of the Homer Zoning Code or regulations is occupied, maintained, constructed or established. FO. The restoration of any structure, vegetation, land. water body or other thine upon the Code, regulations or a permit. (r). Any other action necessary to prevent, abate or discontinue a violation of the 'Kenai Zoning Code, a regulation or a permit. 2. An enforcement order issued under subsection (c) of this section may be directed to one or more violators. 3. A written enforcement order issued under subsection (c) of this section that is served on a violator personally or by certified mail is immediately appealable to the Board of Adjustment ■M Ordinance No. 2389-2009 Attachment "A" [Type text] Page 2 of 3 M An anneal must be filed within 15 days of service of the written enforcement order. Failure to 4. During such time that an enforcement order is under appeal no further use or development contrary to the order may continue L. Upon correction of the condition or termination of the activity that caused the issuance of an enforcement order under subsection (cl the officer who issued the order may terminate the order 6. An enforcement order need not be issued before a prosecution or legal action is commenced with respect to a violation of the Kenai Zoning Code a regulation or a permit The pendency of any proceeding regarding an enforcement order issued under subsection (cl of this section does not stay any prosecution or other legal action with respect to the violation that is the subject of the enforcement order. exist, the City Manager may: (1) Commence proceedings i (2) Assess an administrative enforcement order. e.[C] No permit for the erection, alteration, moving, or repair of any building or other structure shall be issued until an application has been made for a certificate of zoning compliance, and the certificate has been issued by the administrative official in conformity with the provisions of this chapter. The administrative official shall maintain a record of all certificates of zoning compliance and copies shall be furnished upon request to any person. Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and shall be punishable as provided in this section. All applications for certificates of zoning compliance shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location, and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed buildings or alterations, existing or proposed uses of the building and land; the number of family housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. The administrative official shall render his decision within thirty (30) days of the filing of the application for a certificate of zoning compliance. However, this time limit may be extended by common consent and agreement signed by both the applicant and the administrative official. One copy of said plans shall be returned to the applicant by the administrative official, after he or she hall have either attached a certificate of zoning compliance or marked the plans as disapproved and attested to the same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official. (f)ID] Complaints Regarding Violations. Any person may file a complaint regarding an alleged violation thereto. All such complaints shall be brought to the attention of the administrative official who shall record such complaint and immediately investigate and report thereon to the Commission and take any action required by this section. in Ordinance No. 2389-2009 Attachment "A" [Type text] Page 3 of 3 (g)[E] Penalties for Violations. For any and every violation of the provisions of this chapter, the owner, agent, or contractor of a building or premise where such violations have been committed or shall exist, or any other person who maintains any building or premises in which any violation exists, shall be subject to a [CIVIL] penalty in an amount as provided in KMC 1.3.05.010. Each and every day that such violation continues shall be deemed a separate and distinct violation. AII. remedies provided for herein shall be cumulative and not exclusive. The issuance or granting of a building permit or approval of plans or specifications under the authority of the building code without a certificate of zoning compliance shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any amendment hereto. No permit presuming to give authority to violate or cancel any of the provisions of this chapter shall be valid except insofar as the work or use which is authorized is lawful and permitted. -43- RESOLUTIONCITY OF KENAI PLANNING AND ZONING COMMISSION 9-0 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.260 BE AMENDED TO BETTER PROVIDE FOR ENFORCEMENT FOR VIOLATIONS OF THE KENAI CITY CODE AND TO PROVIDE FOR APPEAL OF ADMINISTRATIVE ENFORCEMENT ORDERS TO THE BOARD OF ADJUSTMENT. WHEREAS, KMC 14.20.260 provides for the administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KNIC 14.20.260 does mention the role of the City's Planner in administration and enforcement of the Kenai Zoning Code; and, WHEREAS, KMC 14.20.260 should be amended to define the role of the Planner in administration and enforcement of the Kenai Zoning Code; and WHEREAS, KMC 14.20.260 also needs to be amended to better provide for administrative enforcement of the Kenai Zoning Code and other portions of the City Code; and, including enforcement orders and administrative Imes; and, WHEREAS, KMC 14.20.260 should include the ability of a person served with an enforcement order to appeal that order to the city's Board of Adjustment. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA amend KMC 14.20.060 as shown on Attachment "A." PASSED BY THE PLANNING AND ZONING COM ISSNN OF HE CITY OF KENAI, ALASKA, this 11TH day of February 2009. �' CHAIRMAN A EST New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] in 14.20.260 Administration, enforcement, and penalties. [(A) THE CITY MANAGER OF THE CITY OF KENAI IS NAMED AS THE ADMINISTRATIVE OFFICIAL FOR THE PURPOSE OF ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER. (B) IF THE ADMINISTRATIVE OFFICIAL FINDS THAT ANY OF THE PROVISIONS OF THIS CHAPTER ARE BEING VIOLATED, HE OR SHE SHALL NOTIFY IN WRPI'ING THE PERSON RESPONSIBLE FOR SUCH \VIOLATIONS, INDICATING THE NATURE OF TPIE VIOLATION AND ORDERING THE ACTION NECESSARY TO CORRECT I1'. HE OR SHE SHALL ORDER DISCONTINUANCE OF ILLEGAL USES OF LAND, BUILDING, OR STRUCTURES; REMOVAL OF ILLEGAL BUILDINGS, OR STRUCTURES OR OF ADDITIONS, ALTERATIONS, OR STRUCTURAL CHANGES TIIERETO; DISCONTINUANCE OF ANY ILLEGAL WORK BEING DONE; OR SHALL TAKE ANY OTHER ACTION AUTHORIZED BY THIS CHAPTER TO INSURE COMPLIANCE WITH OR TO PREVENT VIOLATIONS OF ITS PROVISIONS.] a. Planning and Zoning Adm nistration and Enforcement.. The administration and enforcement of the Kenai Zoning Code is a function of the Planner under the supervision of the City Manager. b. City Planner — Functions and Powers. 1. The City Manager may appoint a City Planner and one or more assistants, however denominated. 2. If appointed by the City Manager, the Citv Planner shall have all fmictions and nnay exercise all powers neeessary to administer and enforce the zoning code. Assistants to the City Planner may exercise the administration and enforcement functions and powers of the City Planner under the City Planner's supervision. 3. Administration and enforcement functions and powers of the City Planner include, but are not limited to maintaining records of all zoning text and district changes related to this title. C. Enforcement orders. 1. In addition to anv other remedy or other method of enforcement available under the Kenai Zoning Code or other provision of the Kenai Citv Code or other law, the City Manager or the City Planner may order: The discontinuation of a use of land or a structure that is in violation of the Kenai Zoning Code, a regruiation or a permit, (BB). The abatement or removal of a structure or part of a structure that is in violation of the Kenai Zoning Code, a regulation or a permit. (QZ The discontinuation of construction or other activity12reparatorY to a structure or use of real property that is in violation of the Kenai Zoning Code a regulation or a permit The suspension or revocation of apermit under which a violation of the Kenai Zoning Code or regulations is occupied maintained, constructed or established (F). The restoration of any structure, vegetation, land, water bodv or other thing upon the land that is destroyed damaged, altered or removed in violation of the Kenai Zoning Code, regulations or a permit. Any other action necessary to prevent abate or discontinue a violation of the Kenai Zoning Code, a regulation or a permit. (G). Correction or abatement of a violation of KMC 12.25 030. Imo. Correction or abatement of a violation of KMC 12.20.20-50. 2. An enforcement order issued under subsection (c) of this section may be directed to one or more violators. 3. A written enforcement order issued under subsection (c) of this section that is served on a violator personallyorby certified mail is immediately appealable to the Board of Adiustment An appeal must be filed within 15 days of service of the written enforcement order. Failure to PZ09-04 Attachment A Page 1 -45- anneal to the Board of Adiustment within 15 days of service shall constitute a waiver of all rights of appeal from the order. The procedure for appeals is set forth in KMC 14.20 290 4. During such time that an enforcement order is under appeal no further use or development contrary to the order may continue, 5. Uvon correction of the condition or termination of the activity that caused the issuance of an enforcement order under subsection (c), the officer who issued the order may terminate the order or issue written confirmation of satisfaetory compliance with the order, 6. An enforcement order need not be issued before a prosecution or legal action is commenced with respect to a violation of the Kenai Zoning Code a regulation or a permit Thependency of any proceeding regarding an enforcement order issued under subsection (c) of this section does not stay any prosecution or other legal action with respect to the violation that is the subject of the enforcement order. d, Whenever a written enforcement order is in effect that has not been annealed or if annealed. exist. the City Manager pM: Commence proceedings to cause the abatement of the violation or, Assess an administrative fine. not exceeding $250.00 per day, for failure to comply with an enforcement order. e.[C] No permit for the erection, alteration, moving, or repair of any building or other structure shall be issued until an application has been made for a certificate of zoning compliance, and the certificate has been issued by the administrative official in conformity with the provisions of this chapter. The administrative official shall maintain a record of all certificates of zoning compliance and copies shall be furnished upon request to any person. Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and shall be punishable as provided in this section. All applications for certificates of zoning compliance shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location, and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed buildings or alterations, existing or proposed uses of the building and land; the number of family housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. The administrative official shall render his decision within thirty (30) days of the filing of the application for a certificate of zoning compliance. However, this time limit may be extended by common consent and agreement signed by both the applicant and the administrative official. One copy of said plans shall be returned to the applicant by the administrative official, after he or she hall have either attached a certificate of zoning compliance or marked the plans as disapproved and attested to the same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official. t1D] Complaints Regarding Violations. Any person may file a complaint regarding an alleged violation thereto. All such complaints shall be brought to the attention of the administrative official who shall record such complaint and immediately investigate and report thereon to the Commission and take any action required by this section. g[E] Penalties for Violations. For any and every violation of the provisions of this chapter, the owner, agent, or contractor of a building or premise where such violations have been conurutted or shall exist, or any other person who maintains any building or premises in which any violation exists, shall be subject to a [CIVIL] penalty in an amount as provided in KMC 13.05.010. Each and PZ09-04 Attachment A Page 2 every day that such violation continues shall be deemed a separate and distinct violation. All remedies provided for herein shall be cumulative and not exclusive. The issuance or granting of a building permit or approval of plans or specifications under the authority of the building code without a certificate of zoning compliance shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any amendment hereto. No permit presuming to give authority to violate or cancel any of the provisions of this chapter shall be valid except insofar as the work or use which is authorized is lawful and pennitted. PZ09-04 Attachment A Page 3 -47- f 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us Mect%af KENNS Bate: February 11, 2009 To: Rick R. Koch, City Manager From: Kim Howard, Assistant to the City Manager RE: Consent to Security Assignment of Lease Lot 6A, Block 1, Gusty Subdivision No. 4/Pingo Properties, Inc. & Geoffrey M. Graves, Individually The City has received a request from Pingo Properties, Inc. & Geoffrey M. Graves, Individually for approval of the attached assignment of lease for security purposes documents. The leased property is located on the Spur Highway and the Coral Street intersection. (Summit Cleaners and Ben Franklin Academy — Kenai Bay School operate on the property.) The lease allows for an assignment with the written consent of the City. The lessee is in compliance in payments to the City and taxes to the Borough. If Council approves the security assignment, the consent can be executed. Cc: First National Bank Alaska Pingo Properties, Inc. & Geoffrey M. Graves Attachments /kh ASSIGNMENT OF LEASE FOR SECURITY PURPOSES (Lessee's Interest) Pingo Properties, Incorporated and Geoffrey M. Graves, individually of 35462 Kenai Spur Highway, Soidotna, AK 99669 herein after called "Assignor", assigns and transfers to First National Bank Alaska, a national banking association, hereinafter called "Assignee", all of its right. title and interest under the lease agrement dated April 4, 1985, betwson .City of Kenai of 210 Fidalgo, Kenai AK 99611 as Lessor and Pingo Properties, Incorporated and Geoffrev M. Graves, Individually as Lessee, and any amendments, assignments or supplements thereto, which covers the following described real property situated in the Kenai Recording District, Third Judicial District, State of Alaska. Lot 6A, GUSTY SUBDIVISION NO.4, according to the official plat thereof, filed under Plat number 86-76, Records of the Kenai, Recording District, Third Judicial Disc ict. State of Alska. This Assignment is executed as security for repayment of 4 plus interest evidenced by a promissory note in said amount of even date herewith executed by Assignor in favor of Assignee. Assignor agrees to execute any further documents necessary or appropriate to effectuate the purposes Of ibis Assignmem. DATL'D:Fc`-o.ry 2, —9 ASSIGNOR: Pingo Properties, Incorporated. BY: ___ Theresa M. Graves, President BY: Geoffrey M. Graves, Secretary AND BY: asgleas.doc (REV V99) M. Graves. Individually STATE OF JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of I , before me, the undersigned, aNmary Public in and for the Sure of Alaska, duly commissioned and sesom, personally appeared , known to me and to me known to be the of , and he/she executed the same as his or her voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first written above. Notary Public in said for: _ My commission Expires: _ STATE OF JUDICL4h DISTRICT } THIS IS TO CERTIFY that on this day of 4 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , known to me and to me known to be the of and he/she executed the some as his or her voluntary act and deed; for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and vear in this certificate first written above. Notary Public in and for: My commission Expires: STATE OF JUDICIAL DISTRICT j THIS IS TO CERTIFY that on this day of , , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , known to me and to me known to be the of , and he/she executed the same as his or her voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and veer in this certificate first written above. After Recording Return to First National Bank Alaska Soldotna Branch 44501 Sterling Highway Soldotna AK 99669 asgleas-die (REV I ") Ii11111111 Notary Public in and for My commission Expires CONSENT TO ASSIGNMENT OF LEASE FOR SECURITY PURPOSES The City of Kenai, Lessor in an Agreement retarded on April 4, 1985 at Book 258, Page 761, covering the following described property: Lot Six -A (6-A), Block One (1), Crusty Subdivision No. 4, according to Plat 86- 76, filed in the Kenai Recording District, Third. Judicial District, State of Alaska by and through its City Manager, hereby consents to the assignment of the right, title, and interest of the Lessee in the above referenced agreements, for security purposes, to Pingo Properties, Inc. and Geoffrey M. Graves individually. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Leases, and does not relieve the Assignee from the condition requiring City approval for any subsequent sublease or assignment. Dated this __ day of , 2009, Cl1 i' OF KENAI Rick R. Koch City Manager Consent to Assignment of 1-ease for Security Purposes -Page I of 2 -51- S T ATE. OF ALASKA ) )as THIRD JUDICIAL DISTRICp } THIS IS TO CERTIFY that on this __ day of 2009, Rick R. Koch, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. 'Notary Public for Alaska My Commission Expires: Consent to Assignment of Leese for Security Purposes -Page 2 of 2 -52- ACCEPTANCE OF ASSIGNMENT FOR SECURITY PURPOSES The Assignee hereby accepts the foregoing Assignment of Lease for Security Purposes and agrees to abide by all of the terms and conditions of the Lease of Airport Lands agreement dated April 4, 1985 and any amendments, supplements and assignments thereto, between the City of Kenai, 210 Fidalgo, Kenai AK 99611 as Lessor and Pingo Properties, Incorporated and Geoffrey M. Graves, Individually, of 35462 Kenai Spur Highway, Soldotna AK 99669, as Lessee, PROVIDED, that Assignee shall have no affirmative duties or obligations under the tease unless Assignee takes possession or control of the subject lease, permit, or concession, either directly or through a sub- tenant, by foreclosure or otherwise, under the security assignment. The assignee accepts responsibility for all of the assignor's obligations under the lease, permit, or concession, including environmental liability and responsibility, except that a security assignee has no affirmative duty or obligation under a lease unless the security assignee takes possession or control of the leasehold. Lot 6A, GUSTY SUBDIVISION NO. 4, according to the official plat thereof, filed under Plat Number 86-76. Records of the Kenai Recording District, Third Judicial District, State of Alaska. ASSIGNEE: First National Bank Alaska NN TITLE: STATE OF _ JUDICIAL DISTRICT On this day of 2006, before me, the undersigned, a Notary Public in and for the State of duly commissioned and swom, personally appeared , known to me to be the person(s) who executed the above document, and he/she/they acknowledged to me that he/she/they had the authority to and did sign the same voluntarily and of his/her/their own free will for the purposes stated herein. IN WITNESS WHEREOF, I have set my hand and seal the day and year above written. After Recording Return to: First National Bank Alaska Soldona Branch 44501 Sterling Highway Soldotna AK 99669 Notary Public in and for. My Commission Expires:. -53- CITY OF KENAI December 19, 2007 Budget Preparation Packets Distributed January 9, 2009 Overtime and New Positions Due to Finance January 16 City Administrator Decides On New Position Requests By This Date January 19 — Feb 01 Finance Department Develops Revenue and Personnel Expense Estimates, Budget Formats & Tables January 16 Departmental Budget Submissions Due to Finance January 28 - 30 Budget Draft Reviewed by Department Heads February 13 Consolidated Budget Submitted To Administrator Feb, 23 - March 6 Department Head Meetings With Administrator March 20 Administrator's Budget Draft Finalized April 1 Budget Package to Council —� April 15 Council Budget Work Session Additional meetings to be scheduled as needed May 6 Motion to Set City Attorney and City Clerk Pay, if Changing May 8 Council Work Sessions Completed May 20 Introduction of Budget Ordinance May 22 Publish Notice 7 days prior to Public Hearing June 3 Public Hearing of Budget Ordinance June 3 Mill Rate Resolution Adopted Must be provided to the Borough by 6115 June 19 Publication & Distribution of Budget Completed Finance website updated -54- COUNCILICOMMISSION 1 �2 3 4 5 6 7 Library CITY COUNCIL Commission MEETING, 7p, Meeting, 7p, Council Council Chambers Chambers I 8 9 10 11 12 13 14 Harbor PLANNING & Airport Commission ZONING Commission meeting, 7p, COMMISSION meagng, 7p, Council MEETING7p, Council Chambers Council Chambers Chambers Cou-11 on Aging meeting, 4:90p, Seonior Comer A_ tDTI i 15 1617 1819 20 21 HOLIDAY/ ITY CITY COUNCIL Adv. Cemetery OFFIC S MEETING, 7p, Committee CLO D Council meeting, 7p, Chambers Council - Chambers j I i i 22 23 24 25 26 �27 28 PLANNING & 1 ��_// F ��® — COMMISSION, ON, 7p, Council /v Chambers 7( i Mar 2009 ' .lan 20fi9 5 M T W T P. S S M T W T F 9 1 ,.1^1 1 '2 3 4 5 fi - 4. 5 6 7 -8 9 10 8 9 10 U 12 13 id 11 12 11 14 U16 17 15 16 17 18 19 20 23 19 19 20 21 22 23 "24 22 23 24 25 '26 27 28 25 26 27 28 29 30 A, 29 30 31------------- -55- Sunday 1 Mount" 2 3 vvednesda� i4 T T5 6 7 Library I CITY COUNCIL Commission MEETING, 7p, meeting, 7p, Council Council Chambers Chambers 8 9 10 11 12 13 14 Harbor Beautification PLANNING & Airport Commission Committee ZONING Commission massing, Tp, meeting, 7p, COMMISSION, meeting, 7p, Council Council 7p, Council Council Chambers Chambers Chambers Chambers L16 Councli on f✓ Aging 4: 4e Sanfor Center me 'p°"' Ww 117 18 19 20 21 CITY COUNCIL Adv. Cemetery MEETING, To. Conant , 7p, Council Council Chambers Chambers i i 122 23 241PLIANNING 26 127 28 iChambers 29 30 31 Fs6 2009 Apr 2009 (� 5M T W TF S S 'M T W T F S' 1.2 9 4$-6 7 1 2 3 4 V6 pp ii 8-'9 10 if 12 13, 14. S 6 7 8 9 10 if IS 16 !7 'I8 19 20 21 12 13 14is 16 17 Is 22 23 24 25 26 27 28 19 20 21. 22 23 24 25' 26 27 28 29 30 —56— COUNCIL/COmmIssrom MEETrw CALENDAR 1 2 3 4 M., 20tF9 M., 2009 S M T W T F S S M T N T F S CITY COUNCIL Pants & MEETING, 7p, Recreation 1. 2 3 4 5 6 7 1 2 Council Commission 8 9 10 11 U IS 14 3 4 5 6 7 8 9 Chambers meeting, 7p, Council 15 16 17 18 19 20 21 10 It. 12 13 14 15 16 Chambers 22 23 24 ?5 26 27 2A 17 Is 19 30 21 22 23 A,K° 39 30 3l 24 35 26 27 28 29 30 c 57Harbor 7 8 9 10 11 Library PLANNING & Airoort sion Commission ZONING Commission , 7p, meeting, 7p, COMMISSION meeting, 7p, cil Council MEETING, 7p, Council ers Chambers Council Chambers Chambers Council on Aging. 4:30p, �! t,�rti,t• Senior Center y f 12 13 14 15 (16 17 18 CITY COUNCIL MEETING, 7p, Council 7 Chambers I I 19 20 21 22 23 24 25 PLANNING & ZONING COMMISSION MEETING, 7p, Council 1 1 Chambers 26 I 27 28 i 29 30 -57- 1 Apr 2009 Lui2009 "' S M T W T -F -S S M T W T f S 1 2 "�1 4- 12 B A 56 5 6 7 8 9 10 i1 7 8 9 10 It 12 13 i I2 13 14 15 16 17 18 14 15 16 17 It 19 20 19 20 21 22 23 24 25' 21 22 2S 24 25 26 27 26 27 28 29 30 26 29 30 G'.✓<^hN'r«�r Library CITY COUNCIL Commission, MEETING, 7p, 7p, council Council Chambers Chambers i Z0 11 12 13 14 15 16 Harbor Beautification PLANNING & AkroA Commission, Committee, 7p, ZONING Commivsion 7p, Council Council COMMISSION, mass"e. va. Chambers Chambers 7p, Council Coaa.x chamae.. Chambers Councll va Alms, 74. aenlor Ce. 17 18 19 20 21 22 23 CITY COUNCIL Advisory MEETING, 7p, Co netery Council Committee, 7p,' Chambers Council Chambers 24 25 26 27 28 29 30 HOLIDAY CITY PLANNING & OFFI ES ZONING CL ED MEETING, 7p, Council Chambers 31 I 01 A AIRPORT COMMISSION { f I � i • t AGENDA ITEM 1: CALL TO ORDER f • POLL APPROVALITEM 3: OF ITEM 4: PERSONS f •. TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Airport Projects (Report from Wince, Corthell & Bryson) ITEM 6: a. Discussion -- FY 10 Airport Budget (Documents will be emailed to Commission Prior to the Meeting) b. Discussion -- 9rh Annual Kenai Peninsula Air Fair C. Discussion -- Alaska State Aviation Conference and Tradeshow d. Discussion -- Global Food Alaska 2009 ITEM Z: REPORT a. Commission Chair b. Airport Manager C. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS • i• f i f s .� ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for January 21 and February 4, 2009. b. Airport Manager's Report dated January 13, 2009, ITEM 11: ADJOURNMENT -59- AIRPORTKENAI COMMISSION •• COUNCILKENAI CITY 1r P.M. CHAIR HENRY KNACKSTEDT. PRESIDMEETING SUMMARY ITEM I: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, H. Knackstedt, L. Porter, E. Mayer, D. Haralson (arrived at 7:05 p.m.), G. Feeken Commissioners absent: J. Bielefeld Staff/Council Liaison present: Airport Manager M. Bondurant, Council Member J. Moore A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Zirul MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- January 8, 2009 MOTION: Commissioner Mayer MOLTED to approve the meeting summary of January 8, 2009 and Commissioner Feeken SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5-a. Discussion -- Airport Projects (Report from Wince, Corthell & Bryson) The Commission reviewed the memo in the packet from Wince, Corthell & Bryson and general discussion followed. Airport Manager Bondurant reported a full environmental assessment for the gravel strip and lot development at the float plane basin was required by the FAA. Knackstedt commended Wince, Corthell & Bryson on the Runway Safety Project having no "construction claims." ITEM 6: 6-a. Discussion -- FYI Airport Budget Bondurant supplied draft budgets for the Commission to review, and requested discussion at the March meeting when the Finance Director would be available for questions. Bondurant requested questions and comments be emailed to her in advance. 6-b. Discussion -- 9th Annual Kenai Peninsula Air Fair General discussion occurred including poster ideas, barbequ.e suggestions, and FAA hosting the breakfast. 6-c. Discussion -- Alaska State Aviation Conference and Tradeshow Bondurant reported she had reserved a booth for the May 2 and 3, 2009 event and requested ideas or assistance in designing brochures to promote the airport. 6-d. Discussion -- Global Food Alaska 2009 Bondurant reported the event would be an opportunity to promote services at the airport and businesses in Kenai. Zirul suggested working with the Chamber of Commerce. ITEM 7: REPORT 7-a. Commission Chair -- None 7-b. Airport Manager -- Bondurant reported the following: • There would be three grant offers in the next council packet including a new ARFF truck, a new snowplow, and the Apron Rehabilitation Project, • She spent a day with a representative of the Alaska Volcano Observatory looking for a location for "volcanic ash radar' equipment. 7-c. City Council Liaison -- Council Member Moore reviewed the action agenda items from the January 21 and February 4, 2009 Council meetings. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS -- None ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council. Meeting Action Agendas for January 21 and February 4, 2009. AIRPORT COMMISSION MEETING FEBRUARY 12, 2009 PAGE 2 -61- 10-b. Airport Manager's Report dated January 13, 2009. ITEM 11: ADJOURNMENT MOTION: Commissioner Mayer MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:35 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk AIRPORT COMMISSION MEETING FEBRUARY 12, 2009 PAGE 3 IN KENAI HARBOR COMMISSION MEETING FEBRUARY 9, 2009. CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -January 12, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 8: OLD BUSINESS ITEM 8: NEW BUSINESS a. Discussion - North Beach Restoration ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of January 7 and 21, 2009. ITEM 11: ADJOURNMENT -63- NOR "It • • a CITY COUNCIL 00 Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: P. Morin, G. Foster, A. Poynor, T. Thompson, R. Peters Commissioners absent: B. Osborn Staff/Council Liaison present: Parks & Recreation Director B. Frates, Public Works Director W. Ogle, Council Member H. Smalley A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Poynor MOVED to approve the agenda as presented and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED, ITEM 3: APPROVAL OF MEETING SUMMARY —January 12, 2009 MOTION: Commissioner Peters MOVED to approve the meeting summary of January 12, 2009 with the word "sectioned" changed to "seconded" in Item 3, Commissioner Poynor SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS 6-a. Discussion — North Beach Restoration Parks & Recreation Director Frates advised the commission that bids to supply fence and chain had been mailed to prospective bidders and an ad had been posted in the Peninsula Clarion. Frates reviewed project details and noted construction would be completed in-house, with an estimate of approximately 200 hours of labor. Frates noted a similar project could be completed on the South Beach, but no funding had been identified. COMM Commissioner comments included: • Foot traffic comes along the creek side as well as from the bluff area. • Signage is needed along the bluff to indicate access points. • Signage should be simplified and posted heavily during the dip net fishery, then reduced for the remainder of the year. ITEM 7: REPORTS 7-a. Director -- Frates noted he would be meeting with Robert Ruffner from the Kenai Watershed Forum and Mike Edwards from the US Fish and Wildlife Service to discuss the bird viewing platform and access to the river; reported he would like the Commission to discuss access issues at their next meeting; and gave an update on efforts to replace the 40 concrete planks at the dock facility. 7-b. City Council Liaison -- Council Member Smalley reviewed the City Council action agenda items from the January 21 and February 4, 2009 Council meetings. COMMISSIONERITEM 8: • r Poster -- Spoke in favor of open pedestrian access from the bird viewing platform. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of January 7 and 21, 2009. ITEM 11: Commissioner Foster MOVED to adjourn and Commissioner Poynor SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:50 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -65- HARBOR COMMISSION MEETING FEBRUARY 9, 2009 PAGE 2 KENAI LIBRARY COMMISSIO] KENAI COUNCIL CHAMBERS FEBRUARY 3, 2009 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY - January 6, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Expansion Project b. Discussion -- Goals & Objectives ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. Friends of the Library C. City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of January 7 and 21, 2009. b. Letter to Legislators dated January 12, 2009. C. Resignation letter from Christine Cook, ITEM 11• %KENAI COUNCILCHAMBERS D'' YU I .T 2009 7:00 ITEM 1: CALL TO ORDER & ROLL CALL Chair Bryson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, E. DeForest, E. Bryson, R. Peters, C. Brenckle Commissioners absent: M. Graves, C. Cook Staff/ Council Liaison present: Library Director M. Joiner, Council Member M. Boyle ITEM 2: AGENDA APPROVAL Commissioner Peters MOVED to approve the agenda as presented and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY - January 6, 2009 Commissioner Peters MOVED to approve the meeting summary of January 6, 2009 and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5-a. Discussion -- Expansion Project Library Director Joiner distributed a new plan submitted by ECl/flyer, noting ECl/Hyer would teleconference next week to discuss possible changes to the staff area and summarize the project. Commissioner comments included: • Question if the 'old" lobby could be used as a store. • Placement of the conference table in the staff area and the staff area in general. ® Questioned how the number of fixtures in the bathrooms had been determined. Qw s-b. Discussion -- Goals 8s Objectives Library Director reviewed the Goals & Objectives from 2007/2008 included in the packet. General discussion on goals and objectives occurred. Bryson requested a corrected draft be brought to the next meeting. ITEM 6: NEW BUSINESS -- None ITEM 7: REPORTS 7-a. Director -- Joiner summarized her monthly report including the ICMA grant application and volcano preparedness. 7-b. Friends of the Library -- Hens reported the membership tea had been mailed, fundraisers were being planned, and noted there were three board vacancies. 7-c. City Council Liaison -- Council Member Boyle reported the Friends donation to the City for the expansion was in the general fund and would be appropriated when the project went forward. ITEM S. COMMISSION COMMENTS/QUESTIONS There was general discussion regarding fundraising for the expansion. Brenckle noted she would not be attending the March 3, 2009 meeting. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of January 7 and 21, 2009. 10-b. Letter to Legislators dated January 12, 2009. 10-c. Resignation letter from Christine Cook, ITEM 11 Commissioner Peters MOVED to adjourn and Commissioner Hens SECONDED the motion. There were no objections. SO ORDERED, LIBRARY COMMISSION MEETING FEBRUARY 3, 2009 PAGE 2 There being no further business before the Commission, the meeting was adjourned at approximately 8:26 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING FEBRUARY 3, 2009 PAGE 3 a CITY OF KENAI PLANNING R ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 11, 2009 - 7:00 p.m. a a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *January 28, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: S. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09-04 - A Resolution of the Planning and Zoning Commission of the City of Kenai, AIaska, recommending to the Council that KMC 14.20.260 be amended to better provide for enforcement for violations of the Kenai City Code and to provide for appeal of administrative enforcement orders to the Board of Adjustment. b. PZ09-05 - An application for a Conditional Use Permit to operate a Vocational Center from the property known as Tract A-lA, Cone Tracts A-lA & A-1B (2880 Beaver Loop Road), Kenai, Alaska. Application submitted by Frontier Community Services, 43335 K- Beach Road, Suite 36, Soldoma, Alaska 99669. c. PZ09-06 — An application to rezone properties North of the Kenai Spur Highway corridor from McCollum Drive West to No -Name Creek from Rural Residential 1(RRl) and Conservation (C) to Limited Commercial (LC). Application submitted by Rick Koch, City Manager for Kenai City Council, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 6. NEW BUSINESS: a. PZ09-08 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.240(c)(6) be amended to allow an extension for the ninety (90) day time limit for skirting in mobile homes placed in mobile home parks — Discussion — Set Public Hearing. W1F9&7flJQXFJ1#a -70- a. PZ07-25 —Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 10. INFORMATION ITEMS: a. 2008 Annual Report — Extraction of Natural Resources b. 2008 Annual Certified Local Government Report c. Reappointment letters Commissioners Rogers, Koester & Twait d. "Zoning Bulletin"-1/10/09 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: -71- y 2009 0 CITY x CHAMBERS CHAIR JEFF TWAIT, PRESIDING ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 p.m. I -a. Roll Call Roll was confirmed as follows: Commissioners present: Staff/Council Liaison present: A quorum was present. 1-b. Agenda Approval S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers, J. Brookman, K. Koester City Planner M. Kebschull, Planning &, Zoning Administrative Assistant N. Carver, Council Liaison R. Molloy Commissioner Bryson read the following requested changes to the agenda: ADD TO: 5-b. Letter from Mavis Cone Email Correspondence (Winegarden/Crraves) MOTION: Commissioner Brookman MOVED to approve the agenda with the above -mentioned lay downs and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. I-c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED, 1-d. *Excused Absences Approved by the consent agenda. -72- *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM'. 2: *APPROVAL OF MINUTES -- January 28, 2009 Approved by the consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT --None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ09-04 - A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20,260 be amended to better provide for enforcement for violations of the Kenai City Code and to provide for appeal of administrative enforcement orders to the Board of Adjustment. Kebschull reviewed the staff report included in the packet. Twait read the rules for public hearing and opened the meeting to public hearing. The following people spoke in opposition to the resolution: Debbie Sonberg, 410 Cinderella, Kenai Becky Espy, 903 Magic, Kenai Roy Espy, 403 McCollum, Kenai There being no further comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ09-04 and Commissioner Romain SECONDED the motion. Commissioner comments included: The Code had been made more specific regarding junk and debris. • Civil fines would be lowered from $1000 to $250 per day. • The process of code enforcement was complaint driven and included a site visit, contacting the individual, following up with a letter, and working with the individual to bring the situation into compliance. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 2 -73- • There was no appeal process currently and once cited, the individual must go to court. • In the new resolution, there would be 15 days to appeal to the Board of Adjustment. R main YES Wells YES Twait YES Bryson YES Rogers YES I Brookman I YES Koester YES �— ♦ r • 5-b. PZ09-05 - An application for a Conditional Use Permit to operate a Vocational Center from the property known as Tract A-1A, Cone Tracts A -IA & A-1B (2880 Beaver Loop Road), Kenai; Alaska. Application submitted by Frontier Community Services, 43335 K-Beach Road, Suite 36, Soldotna, Alaska 99669. Kebschull reviewed the staff report included in the packet, noting the history of the property and the list of requirements from the building official necessary prior to permitting. Twait opened the meeting to public hearing. The following people spoke in opposition to the application: Laura Sievert, 3329 Beaver Loop, Kenai -- concerned with increased traffic and felt the application did not fit into the Comprehensive Plan. Curt Wilcox, 3329 Beaver Loop, Kenai Mark Schrag, 312 Princess, Kenai Kellie Kelso, 117 Walker Lane, Kenai Debbie Sonberg, 410 Cinderella, Kenai There being no further comments, the public hearing was closed. MOTION - Commissioner Romain MOVED to approve PZ09-05 and Commissioner Wells SECONDED the motion. Commissioner Bryson MOVED to amend the motion to include staff recommendations and Commissioner Romain SECONDED the motion. PLANNINGAND ZONING COMMISSION MEETING FEBRUARY 11,2009 PAGE 3 MA Romain YES J Wells YES Twait YES Bryson YES Rogers YES Brockman YES � Koester YES P01173rol5r, r • r ', Romain YES Wells YES Twait YES Bryson I YES Rogers lyES Brockman YES Kaester YES Twait explained an appeal of the preceding action may be filed with the City Clerk within 15 days of the action taken. S-e. PZ09-06 - An application to rezone properties North of the Kenai Spur Highway corridor from McCollum Drive West to No -Name Creek from Rural Residential l(RRl) and Conservation (C) to Limited Commercial (LC). Application submitted by Rick Koch, City Manager for Kenai City Council, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Chair Twait passed the gavel to Vice Chair Romain. Vice Chair Romain reported his agreement with the City Attorney's findings regarding the conflict of interest, noting Twait did not have a monetary conflict of interest and neither Twait nor Koester were guilty of prejudgment. Commissioner Bryson MOVED to overturn the prejudgment and Commissioner Brockman SECONDED the motion. Romain NO I Wells NO Twait ABSTAIN Bryson NO I Rogers NO Brockman NO j Koester i ABSTAIN � � MOTION FAILED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 4 -75- Commissioner Bryson MOVED to overturn the monetary conflict of interest and attach the February 4, 2009 memo from the City Attorney, Commissioner Brookman SECONDED the motion. VOTE; Romain NO Wells NO Twait ABSTAIN B son NO Ro ers NO Brookman � NO Koester NO WA Colo ► : h : � rr t Vice Chair Romain returned the gavel to Chair Twait. Kebschull reviewed the staff report included in the packet. Twait opened the meeting to public hearing. Glenn Clifford, Kenai -- Spoke in support of the rezone. Sherri James, 303 Cinderella, Kenai -- Spoke in opposition to the rezone, noting traffic issues and possible rent increases. Peter Klauder, 40195 Frogberry, Kenai -- Spoke in support of the rezone, believing it to be a positive move for the city. The following people spoke in opposition to the rezone, noting concerns expressed in the packet of information submitted by the MAPS residents and included in the Commission packet: Roy Espy, 403 McCollum, Kenai Chuck Winegarden, 309 Princess, Kenai Dave Spence, former Kenai Central High School Principal Don Wright, 604 McCollum, Kenai Greg Daniels, 426 Rogers Road, Kenai JoEAnn Buzzeli, 381 Senior Court, #103, Kenai Wally Ward, 708 Magic, Kenai Kellie Kelso, 117 Walker Lane, Kenai John Espy, 403 McCollum, Kenai Ed Steiner, 4192 Beaver Loop, Kenai -- Stated he enjoyed a compact city center allowing for pedestrian traffic. Sylvia Stewart, 401 McCollum, Kenai Justin Wilhusen, 306 Hutto, Kenai Glenda Feeken -- Spoke in support of the rezone. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 5 mo Additional people who spoke in opposition to the rezone: Jessica Wiihusen, 306 Hutto, Kenai Richard Kelso, 117 Walker Lane, Kenai Kevin Dix, 306 Princess, Kenai Janine Espy, 403 McCollum, Kenai Walt Ward, 708 Magic, Kenai Todd Wortham, 47586 Grant Avenue, Kenai -- Spoke in support of the rezone, Colleen Ward, 708 Magic, Kenai -- Spoke in opposition to the rezone. Blaine Gilman, 216 Susieanna, Kenai -- Spoke in support of the rezone, noting a mix of low volume businesses and residences was part of the Comprehensive Plan. Patricia Falkenberg, 399 McCollum, Kenai -- Spoke in =opposition to the rezone. BREAK: 9:20 P.M. BACK TO ORDER: 9:35 P.M. Additional people who spoke in opposition to the rezone: Debbie Sonberg, 410 Cinderella, Kenai Mark Schrag, 312 Princess, Kenai Becky Espy, 903 Magic, Kenai Kellie Wannamaker, 603 Magic, Kenai Kristine Schmidt, 513 Ash, Kenai Leonora Praiser, 391 W. Rockwell, Soldotna There being no further comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ09-06 and Commissioner Wells SECONDED the motion. Commissioner comments 'included: • The highway could serve as a buffer. • Thanked all citizens for their input. Concerned over further strip zoning along the highway. Need to consider the best interest of all citizens. • Traffic concerns are understood. • Some were not in support of all parts of the Limited Commercial Zone. • The civility of the public was appreciated. VOTE: PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 6 -77- Romain ; YES Wells NO Twait j YES Bryson NO Rogers I NO Brookman NO Koester YES BREAK: 10:16 P.M. BACK TO ORDER: 10:20 P.M. ITEM 6: NEW BUSINESS 6-a. PZ09-08 - Discussion, Set Public Hearing -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.240(c)(6) be amended to allow an extension for the ninety (90) day time limit for skirting in mobile homes placed in mobile home parks. Kebschull reviewed the staff report included in the packet, noting a public hearing would be during the February 25, 2009 meeting. ITEM 7: 7-a. PZ07-25 - Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides, t g E:300MMM0§-AIr7�i a21 S-a. City Council -- Council Member Molloy reviewed the action agenda of the February 4, 2009 City Council meeting. 8-b. Borough Planning -- Borough Planning Commissioner Bryson reviewed the agenda of the February 9, 2009 Borough Planning meeting. 8-c. Administration -- Kebschull reviewed the materials listed under Information Items and noted the cell tower ordinance would probably be postponed. ITEM 9: PERSONS PRESENT NOT SCHEDULED -- None ITEM 10: INFORMATION ITEMS 10-a. 2008 Annual Report - Extraction of Natural Resources 10-b. 2008 Annual Certified Local Government Report 10-e. Reappointment letters Commissioners Rogers, Koester &s Twait PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 7 01 lti-d. "Zoning Bulletin" - 1 / 10 / 09 ITEM 11: COMMISSION COMMENTS & QUESTIONS Koester -- None Brookman -- None Wells -- Reported the Kenai Historical Society was busy planning the relocation of historical cabins from the Ft. Kenay property. Romain -- None Bryson -- Apologized to Wells for interrupting earlier in the meeting. Rogers -- None ITEM 12: ADJOURNMENT MOTION: Commissioner Romain MOVED to adjourn and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 10:30 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING. FEBRUARY 11, 2009 PAGE & -79- KENAI BEAUTIFICATION COMMITTEE FEBRUARY 10, 2009 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY a. July 8, 2008 b. September 9, 2008 c, January 13, 2009 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion, -- FY10 Budget Review/Goals &. Objectives ITEM 8• REPORTS a. Committee Chair b, Paxks & Recreation Director C. Kenai City Council Liaison QUESTIONSITEM 9: r COMMENTS ITEM t: PERSONS NOTTO BE HEARD ITEM 11: a. Kenai City Council Meeting Action Agendas of January 7 and 21, 2009. ITEM 12: ADJOURNMENT 1 KENAI BEAUTIFICATION COMMITTEE FEBRUARY 10, 2009 7:00 P.M. KENAI COUNCIL CHAMBERS VICE CHAIR SEYMOUR, PRESIDING t Vice Chair Seymour called, the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Committee Members present: M. Dimmick, L. Seymour, S. Lovett, T. Canady Committee Members absent: K. Shearer, L. Stanford, P. Baxter Staff/ Council Liaison present: Parks & Recreation Director B. Frates, Mayor P. Porter A quoram was present. ITEM 2: AGENDA APPROVAL MOTION: Committee Member Lovett MOVED to approve the agenda as presented and Committee Member Dimmick SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Committee Member Lovett MOVED to nominate Kay Shearer as Chair and Committee Member Dimmick SECONDED the motion. There were no objections. SO ORDERED, MOTION: Committee Member Dimmick MOVED to nominate Lori Seymour as Vice Chair and Committee Member Canady SECONDED the motion. There were no objections. SO ORDERED. 4-a. July 8, 2008 4--b. September 9, 2008 4-c. January 13, 2009 nia Committee Member Dimmick MOVED to approve the meeting summaries of July 8 and September 9, 2008 and January 13, 2009. Committee Member Canady SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD -- None ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS 7-a. Discussion -- FY10 Budget Review/Goals & Objectives Frates reviewed the draft budget included in the packet. Committee comments included; • Requested a lighted tree for each of the four circle planters at Spur Highway and Main Street Loop. Suggested a green area be added near the apartment complex behind Alaska Industrial Hardware. ITEM 8• REPORTS 8-a. Committee Chair -- None 8-b. Parks & Recreation Director -- Frates reported on the Alaska Greenhouse and Nursery Conference which highlighted a trend toward big bold landscapes, green infrastructure development guidelines and invasive plant species and reported on the Advisory Cemetery Committee's work. 8-c. Kenai City Council Liaison -- Porter reported on budget preparation, the Limited Commercial rezone issue and the property off Marathon Road which includes a pond. ITEM 9: OUESTIONS AND COMMENTS -- None ITEM 11: 11-a. Kenai City Council Meeting Action Agendas of January 7 and 21, 2009. ITEM 12: ADJOURNMENT BEAUTIFICATION COMMITTEE MEETING FEBRUARY 10, 2009 PAGE 2 M Committee Member Lovett MOVED to adjourn and Committee Member Canady SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 8:02 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING FEBRUARY 10, 2009 PAGE 3 IN SALMON TASK FORCE MEETING FEBRUARY 11, 2009 KENAI CITY COUNCIL CHAMBERS 3:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY - January 21, 2009 ITEM 4: OLD BUSINESS a. Discussion -- Details for Presentation of Information b. Discussion -- Identify Recommendations to Provide to Council ITEM 5: NEW BUSINESS ITEM 6: INFORMATION ITEMS a. List of Publications Received ITEM 7: ADJOURNMENT M 2009 ff * • 1 MEETING SUMMARY Chair Butler called the meeting to order at approximately 3:00 p.m. Roll was confirmed as follows: Members present: J. Butler, K. Tarbox, D. Kramer, J. Torgerson, R. Ruffner, and P. Micciche Members absent: B. Scott Staff/Council Liaison present: City Clerk C. Freas and Council Member J. Moore A quorum was present. ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM S: APPROVAL OF MEETING SUMMARY -- January 21, 2009 There were no changes to the meeting summary and it was approved as presented. (It was noted, the meeting date was changed after the January 21, 2009 meeting.) ITEM 4: OLD BUSINESS 4-a. Discussion -- Details for Presentation of Information Members submitted draft information for the presentation, including threats (political, habitat, growth of the personal use fishery) and recommendations. A lengthy discussion followed related to the order of information to be included in the presentation to be made to Council, and topics to cover. 4-b. Discussion -- Identify Recommendations to Provide to Council Recommendations were discussed, including Council's formation of an environmental commission to address fisheries and natural resource issues with different disciplines represented using the Municipality of Anchorage's ordinance as an example (including culverts, storm water impacts, zoning near known salmon habitat, etc.), community outreach, etc. Work assignments were made, i.e. Tarbox/Kramer to work together on threats; Butler to draft recommendations; Ruffner/Tarbox to develop the slide presentation. It was anticipated the group would meet at least two more times to review a draft presentation, make any changes thought necessary and then to view a final presentation, before presenting the information to Council. The date of the next meeting would be finalized after speaking with Member Bob Scott. ITEM 5: NEW BUSINESS ITEM 6: INFORMATION ITEMS 6-a. List of Publications Received ITEM 7: There being no further business before the Task Force, the meeting was adjourned at approximately 4:51 p.m. Summary prepared by: Carol L. Freas, City Clerk SALMON TASK FORCE MEETING FEBRUARY 11, 2009 PAGE 2 O J _ � e t � �� ) f .. JI � �: DIVISION OF PARKS AND OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY February 10, 2009 Re: 3050-3 Reds Creek Pat Porter, Mayor City of Kenai 21.0 Fidalgo Avenue Kenai, AK 9961.1. Dear Ms. Porter: SARAH PALIN, GOVERNOR 550 W 7TH AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99507-3565 PHONE: (907) 269-8721 FAX: (9071269-8908 FEB 112009 I received several requests to have the comment period for the proposed geographic name Reds Creek in the City of Kenai extended. Public support for a name is very important to the members of the Alaska. Historical Commission, the state review board. As a result, the proposal will not be considered at the meeting scheduled for February 19, 2009. The comment period has been extended to March 15, 2009, and the proposal will be considered at the subsequent meeting of the Alaska Historical Commission. If you have any questions about the geographic names program or the Reds Creek proposal please contact me at 907-269-8714 or email io.antonson(a;al�ov. Sincerely, Joan M. Antonson Deputy State Historic Preservation Officer cc: Lou Yost, Executive Secretary, Domestic Geographic Names, U.S. Geological Survey, 523 National Center, .Reston, VA 22092 -88- .zi,:,I P . u r l 41,11,11,111,11, st Hk t ,► "Villaye wctk a Past C# wctk a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 f.�recc'yof Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 KENAI, ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director / Date: February 11, 2009 Subject: Quarterly Financial Report Attached is a relatively easily produced quarterly financial report for the general fund, airport fund, and water/sewer fund as of December 31, 2008. This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund for example, sales and property tax revenue only includes payments made to us by the Borough through December. The December sales tax filings and tax payments are not in at this point and we will not be received for this quarter until the end of January or early February. State and Federal is below budget in all funds because of PERS aid. The State doesn't actually gave LIS any money. Instead they make in `cn-behalf payment 10 the pension system. Si riiiariy we have not booked an expenditure for the PERS the State is covering, so the Non -Departmental department is way under budget. At year-end we will record revenue and expenditures for these items, Interest and miscellaneous appears to be higher than anticipated this early in the year; however, interest revenue is recorded in the General Fund until year-end at which time we allocate it to the various funds that earn interest. Further, this is cash interest received but we will have to accrue all interest receivable as well as a market value adjustment at year-end. Encumbrances are sometimes issued for the entire year. So the percentage of the budget that is spent and encumbered is not representative of what has been spent to date. M REVENUES Appropriation of Fund Balance Taxes LicenseslDermits and Ambulance State/Federal Dock/Multipurpose/Miscellaneous Fines and Forfeitures Interest and Miscellaneous Transfers/Central Admin Fees Total Revenues EXPENDITURES & TRANSFERS General Government 01 City Clerk 03 Visitor Center 11 Legislative 12 Legal 13 City Manager 15 Finance 16 Land Administration 18 Non -Departmental 19 Planning and Zoning 20 Safety Total General Government Public Safety 21 Police 22 Fire 23 Communications 29 Animal Control Total Public Safety Public Works 31 Public Works Administration 32 Shop 33 Streets 34 Buildings 35 Street Lighting Total Public Works Library 40 Parks and Recreation 36 Dock 45 Recreation 46 Parks 47 Beautification Total Parks and Recreation Total Operating Expenditures Transfer to other funds Senior Citizen Visitor Center Heating Capital Projects Airport Fund Other non -operating Total Transfer to other funds Total Expenditures & Transfers Net Revenues over Expenditures Quarterly General Fund Expenditure Report For Quarter Ended December 31, 2008 Original" FY2008 FY2009 Amended YTD Actual Budgef Budget Actual Variance $ - $ 815,315 $ 1,406,634 $ $ (1,406.634) 0.00% 7,527,758 7,463,200 7463,200 4,276,185 (3,187,015) 57.30% 560,848 344,000 344,000 328,602 (15,398) 95.52% 1,417,603 1,597,612 1,610,758 707,889 (902,869) 43.95% 265,349 207,000 207,000 114,121 (92,879) 55,13% 131,840 96,850 06,850 50,591 (46,259) 52.24% 1,269,743 931,185 936,903 484,285 (452,618). 51.69% 1,137,406 1,353,613 1,353,613 743,351 (610,262) 54,92% 12.310,547 12.808776 13.418.958 6,705,024 (6,713,934) 49.97% $ 192S47 $ 242,816 $ 242,816 $ 77,372 $ 165,444 68A4% 112,326 124,600 124,600 52,726 71,874 57.68% 130.632 171,358 171,358 93,353 78,005 45.52% 222,312 249,349 254,329 130,192 124,137 48.61% 208,942 212,135 212,135 104,454 107,681 50.76`/0 376,841 430,268 430,268 229,664 200,604 46.62% 284,950 12,720 12,720 4,146 8,574 67.41% 984,644 1,426,409 1,420,902 249,125 1,171,777 82.47% 183,223 208,588 208,588 93,828 114,760 55.02% 2,700 g.760 9,760 715 9,045 92.67/, 2698917 3,088,003 3.087.476 1,035,575 2,051,901 66.46% 2,113,028 2,410,977 2,434,794 1,059,021 1,375,773 56.50% 1,864.612 1,949,574 1,949,574 889,654 1,059,920 54,37% 629,554 711,756 711,756 310,391 401,365 56.39% 292.123 290,229 292,728 162,878 129850 4C36% 4,899,317 5362536 5,388.852 2.421,944 2,966908 55.06% 192,057 215,931 216,181 96,789 119,392 55.23% 645,494 720,393 600,143 256,911 343,232 57.19% 621,555 771,216 841.216 297,734 543,482 64.61% 379,854 52431a 74,D95 - 1g5,6 05 ^278,49G 58.74% 124,758 239,230 239.230 67,948 171,282 71.60% 1,963,728 2,471,086 2.370,865 914,987 1,455 878 61.41 % 572,004 639,439 650,585 303734 34&851 53,31% 143,082 139,856 139,856 39,554 100,302 71.72% 392,310 422,565 418,147 203,223 214,924 51,40% 233,719 373,396 398,564 205,051 lm,513 48,55% 93.718 128.215 149.465 95,558 53.907 3&07% 662,829 1.064, 032 1,106,032 543,386 662,646 50.87% 10.996,795 12.625,096 12,603.810 5,219,626 7.354,184 58.59% 36,000 182,679 182,679 91,840 90,839 49,73% - - 631,469 631,469 - 0.00% 110,000 - - - - - 128,641 1,000 1,000 500 500 50.00 % 274,641 183,679 $15.148 723.809 91339 11.21% 11,271,436 12.808775 13.416,958 6,943.436 7A76,523 66.71% $ 1,D39,111 $ $ $ 761,589 $ 761,689 Note: The original budget includes outstanding encumbrances at 61301200& M Quarterly Airport Fund Expenditure Report For Quarter Ended December 31, 2008 Original FY2008 FY2009 Amended YTD Actual Budget Budget Actual Variance REVENUES Appropriation of Fund Balance $ - $ 698,408 $ 1,128,041 $ - $ (1,128,041) 0.00% State/Federal 66,170 68,800 68,800 540 (68,260) D.78% Interest, Leases & Fees 1,405,955 1,118,300 1,118.300 395,795 (722,505) 35.39% Terminal Revenues 403,863 492,800 492,800 304,641 (188,159) 61.82% Landing Fees 127,814 200,000 200..000 123,386 (76,614) 61.69% Transfers In 274,0766 19,500 19,500 (19,500j 0.00% Total Revenues 2,277,878 2,597.808 3,027441, $24,362 (2,203,079) 27.23% EXPENDITURES & TRANSFERS Terminal Area $ 478,845 $ 535,312 $ 535,851 $ 215,591 $ 320,260 59.77% Airfield 1,448,867 1,509,428 1,522,103 772,522 749,581 49.25% Administration 214,172 310,791 312,357 132,159 180,198 57.69% Other Buildings & Areas 124,972 158,277 180,074 71,677 108,397 60.20% Training Facility 25,047 94000 184,056 58,066 125,991 68.45% Total Expenditures 2,291.903 2,597,808 2.734A41 1.250.014 1.484A27 54.29% Transfer to other funds Airport Improvement Capital Projects 61,250 - 268,000 268,000 - D.00% Courthouse Parking Capital Project 49.000 25,006 25,000 0,00% Total Transfer to other funds 110.250 293.00 293,000 0.00% Total Expenditures & Transfers 2,402,153 2,597,808 3.027,441 1.543.014 1,484,427 49.03% Net Revenues over Expenditures $ (124,275) $ $ - $. 716,652) $ (718,652) -92- Quarterly WatertSewer Fund Expenditure Report For Quarter Ended December 31, 2008 Original FY2008 FY2009 Amended YTD Actual Budget Budget Actua Variance REVENUES Appropriation of Fund Balance $ - $ - $ 13,371 $ - $ (13,371) 0,00% State/Federal 57,546 81,481 81,481 - (81,481) 0.00% Water/Sewer Fees 1,761,165 1,759,000 1,769,000 894,729 (864,271) 50,87% Penalty and Interest 26,164 26,000 26,000 - (26,000) 0.00% Interest and Miscellaneous 169,980 83,000 83,000 25,171 (57,829) 30.33°/ Total Revenues 2,014,855 1,949,481 1,962.852 919,900 (1,042.952) 46,67 EXPENDITURES Water $ 1,152,285 $ 632,900 $ 640,916 $ 238,425 $ 402,491 62.80% Sewer 290,680 399,695 419,711 195,636 224,075 53,39% Wastewater Treatment Plant 723.942 839.721 845 310 350,668 494.642 58,52% Total Expenditures 2,166.907 1.872,316 1,905,937 784,729 1,121.208 58.83°t Net Revenues over Expenditures $ (152,052) $ 77,166 $ 56,915 $ 135,171 M 11 t "village with a Past, Git with a Fa tare FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 2211 FAX: 907-283-3014 thea�of KENAV SKA TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director DATE: February 2, 2009 SUBJECT: Quarter ending December 31, 2008 Investment Report City of Kenai Investment Portfolio At December 31, 2008 the City had investments with a market value of $23,929,556 that is up from $22,628,652 at September 30, 2008. The City's portfolio is yielding 2.96% compared to 3.19% of September 30, 2008. Many of the City's investments contain call provisions that are being exercised by the issuers. Bonds that are called are being reinvested but at lower rates accounting for the decrease in the portfolios performance. This is a trend that is expected to continue until rates recover. The fourth quarter saw some historic events including U.S. Treasury notes trading at 0%, Citv's Investment Portfolio US Agency Securities $ 19,073,499 AML Investment Pool 190,202 Wells Fargo Money Market 1,546,968 FDIC Insured Certificates of Deposit 1,960,784 Bank Balance 1,158,102 Total $ 23 929 556 Airport Permanent Fund Investment Portfolio The fourth quarter 2008 was the first full quarter of the portfolios existence under the new investment policy. The fourth quarter was used as a transitional period in which Alaska Permanent Capital converted the prior fixed income portfolio into the new permanent fund portfolio established by the City. Timing probably could not have been better for this transition as much of the steep market declines experienced during the second half of 2008 had already occurred. The return since investment has been positive. In fact the fund has increased in market value $504,600 since its transfer to Alaska Permanent Capital. The result is earnings net of management fees of $496,500 since the transfer in mid September, an increase in value of 2.88%. With the portfolio transition complete, the portfolio now will begin being compare to the benchmark established by the investment policy. This comparison will be a better measure of the portfolios performance in the future. Attached you will find Alaska Permanent Capital's investment report for the month ended December 31, 2008. A CITY OF INVESTMENT PORTFOLIO SUMMARY DECEMBER 31, rtt Fair Market V V V Current Cash &Cash Equivalents Value Yield Wells Fargo Checking $ 1,158,102 0.00% Wells Fargo Secured Money Market 1,546,968 1,01% FDIC Insured Certificates of Deposit ! 1,960,784 2,00% Alaska Municipal League Investment Pool 190 202 1.45% Total Cash & Cash Equivalents 4,856,057 1 19% Average !Government Securities Maturities Less than i Year (20% Minimum) 14,070,678 Maturities 1 to 2 Years 3,984,691 Maturities Greater than 2 Years (30% Maximum) 11018,130 Total Government Securities 19,073,499 Total Portfolio $ 23,929,556 Investment Portfolio - Purchase Price $19,011,490 Investment Portfolio - Fair Value 12/31/08 19,249,710 Fair Value Adjustment-12/31/D8 238,220 Fair Value Adjustment - 07/0112008 86,658 Portfolio Liquidity I M�i°11BS itY 9 creatermar,z' Yeers (30% Maximum) I i MetunGea i�tc 2'1 � Years 18,85%j !Mat Htm Lassl than 1 Yeer (20%Minimum)' 79.09% I -95- CITY OF KENAI Investments 12.31.08 COK CITY OF KENAI INVESTMENTS 12131/2008 SECURITY CUSIP original cost 12/31108 Market Value Unrealized Gain or Loss EFFECT. RATE DATE PURCH. DATE DUE Interest FNMA 4.3 3136F6M22 1,000,000 1,007,500.00 3,120.00 4.30 5/6/2005 3192009 21,500,00 FMC 5.125 3128X7S47 1.024,856 1,003,560.00 (21,296.36) 0.79 12/30/2008 $15/2013 25,625.00 FHLMC 3.25 3128X6K54 1,000,000 1,019,270.00 22,640.00 3.25 1/31/2008 1/29/2010 16,250.00 FNMA 3.0 FNMA 3.25 31398AMX7 1,000,000 1,002,810.00 7,500.00 3.00 2/27/2008 2/19/2010 15,000.00 FHLB 2.75 3136F9CN7 2,000,000 2,009,380.00 13,760,00 3.25 3/1212008 3/12/2010 32,500.00 FHLMC 3.0 3133XSNA2 1,016,341 993,130.00 (23,210.67) 1.20 12/30/2008 12/22013 13,750.00 FNMA 3.0 3128X7FG4 2,000,000 2,029,360.00 57,640,00 3.00 4/23/2008 4123/2010 30,000,00 FNMA 3.265 3136F9X65 3.000,000 3,010,320.00 10,320.00 3.25 6/912008. 619/2010 32,500.00 FNMA 4.125 3136F9SA2 3139BARCB 2,976,272 3,032,820.00 33,750.00 3.68 6111/2008 6/14/2010 48,975,00 FNMA 4.125 3136F44K7 1,030,821 959,450 1,017,500.00 11059,060.00 (13,321,44) 1,20 12/30/2008 5/612013 20,625.00 FHLB 4.5 3133XMYX3 2,003,750 2,065,000.00 40,930.00 44,380.00 5.15 8/24/2006 2/17/2011 20,625.00 4.40 11/20/2007 5/201201/ 45,000.00 TOTAL 19,011,490,47 19,249,710.00 176,211.53 3.04 T6 AIRPORTCITY OF KENAI MOW December 31, 2008 Current or Current Fair Market Average Portfolio Target Portfolio Fixed Income Value Yield Weight Weight Maximum Cash & Cash Equivalents Wells Fargo Secured Money Market 2.349,239,91 1.01% Total Cash & Cash Equivalents 2,349,239.91 Government & Corporate Securities Government Securities 4,616,378.58 Corporate Securities 2,493,471.60 5,30% Total Government & Corporate Securities 7,109 850.18 Lm Total Fixed Income 91459,090.09 3,40% 53.37% 45.00% 65A0% Domestic Equities Standard & Poor's 500 Index 3,014,376.96 17,01% 20.00% 25.00% Standard & Poor's 600 Small -Cap Index 539,511.90 3.04% 5.00% 10.00% Standard & Poor's 400 Mid -Cap Index 1,355,115.30 7.65% 10.00 % 15.0 Total Domestic Equities 4,909,004.16 27.70% 35.00% 50.00% International Equities Morgan Stanley Europe, Australasia, Far East (EAFEJ Index 1,697,728.41 9.58% 10,00% 15.00% Morgan Stanley Emerging Market Index 799,235A3 4.51% 5.00i lom% Total International Equities 2,496,963.54 14.09% 15.00% 25.00% Real Estate Standard & Poor's REIT Composite Index 857,449.80 4.84% 5.00'/ 10.00 % Total Real Estate 857,449.80 4.84% 5.092j 1 .00% Total Portfolio $ 17,722,507.59 2.970/a 100.00% 196.00% 150.00% "'^ ""'ni avrnwn w,otiep N,a¢x (EPFEpYt(¢FEe, Fa, Fyct Em¢eBmtl a¢xx¢tImNF Cg11p¢yhl(,tleF IINYf% Current Portfolio Weight N Target Portfolio Weight II Maximum Portfolio Weight -97- 5 €J .ST A I^'vA&, i.. F IN V FS TV,, FWT THINKING PER " UPOLUNUMM January 13, 2009 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; sent via email Enclosed is our December report for the Airport Permanent Fund, For December the account returned 3,13%. Both equity and fixed -income had positive returns, with equity providing the majority. During the month, we continued to add equity exposure as well as additional corporate exposure to the portfolio, in early December, we added a couple of longer maturity Agency securities to bring the duration of the fixed-incame portfolio more in line with that of the benchmark. For the quarter the account has returned 2.97%. Please note that we used the fourth-quarter as the conversion quarter so the actual account return and benchmark are identical. Effective January 1�, the account will be measured against the established benchmarks and reported on a quarterly basis. As of year-end, the account is in compliance with the asset allocation plan (all asset classes are within the established ranges). Please note that the large amount of cash in the portfolio at month -end is an unusual event do to a bond call on the last day of the year. We will be using these funds to add additional amounts of equity exposure during the month of January to move the account closer to a neutral position relative to the targets. At month -end, the market value of the portfolio was $17,825,369 which includes $78,833 in accrued interest. Based upon the composition of the portfolio at month -end the annual cash flow would be $441,839. Let me know your concerns and comments. Bert Wagnon Senior Vice -President I Portfolio Value on 09-30-08 Contributions Withdrawals Change in Market Value Interest Dividends Portfolio Value on 12-31-08 Bunt Account Ue"Cbmad: EQUIV Blend 17,208,096 0 (1,147) 213,521 249,645 17,825,369 I Director of Client Relations Your Portfolio Managers: Contact Phone Number: Laura Bruce, CFP, ChFC Laura@apcm.net PORTFOLIO COMPOSITION " Markets Equity Real Estate 5% Internet Equity : Domestic Smal Cap Equity 3% Domestic Mid Cap Equity 8% Domestic Cap Ec 17% Bert Wagnon Bill Lierman 907/272 -7575 Fixed Income 53% UT Alaska Permanent Capital Management Co. PORTFOLIO APPRAISAL CITY OF K NAI - AIRPORT PERMANENT FUND December31, 2008 Quantity Security U.S. TREASURY 512,485 US TREASURY NOTES INF-LABON INDEX 0.625% Due 04T5-13 Accrued Interest AGENCIES 1,000,000 FL'DERALHOMELNBRS 5.250 % Due 09-25-12 2.000,000 FEDERAL HOME LN MTG CORD 4n00% Due 02-27-13 500,001) FHLB 5375%Due 05-18-16 450,000 FHLMC 4.875%Due 06-13-18 Accrued laterc.I CORPORATEBONDS 250,000 GOLDMAN SACHS CORP BOND 6.650° o One 05-15-09 200.000 CATERPILLAR FIN SERV CORP 4.300%Dne 06-01-10 200,000 WAL-MART STORES iNC 4.125% Due 07-0 1 -10 250,000 US Bank Cray, ..I, Not, 6.375%Due 08-01-1I 200,000 IOHN DEERE CAN rAL CORI, 4.950%Due 12-17-12 200,000 GL.4XOSMiTHKLINE CAP INC 4.850%Duc 05-15-13 200,000 BM CORI' 6.500%Due 10-15-13 200,000 JP MORGAN CHASE & CO 4.75011. Doc 03-01-15 200,000 MORGAN STANLEY 6.000%Due 04-28-15 200,000 CONOCOPHILLIPS CDA FDG FOG CO 5-625% Due 10-15-16 200,000 WACHOVIA CORP GLOBAL. MEDIUM 5-750% Due 02 01-18 *Callable Security Total Market Pet Annual Accrued YieldUnit to Cost Cost Prlea Value Assets Income interest maturity 90.29 462,711.50 95,61 489,983.83 2.75 3,203 686 1.69 -_ 68636 0.00 462,7iL50 49gG70.20 -- 295 -- - 3,203 �--696 102.94 1,029375.00 102.94 1,029,375.00 5.77 52,500 14,000 4.38 100.51 2,010,250.00 100.40 2,008,080.00 1127 80,000 27,556 3.89 11035 551,72.6.00 114.34 571,718.75 3.21 26,875 3,210 3.18 110.66 497,970.00 114.94 517,221.00 290 21,937 1,097 3.04 45,862,50 4,089,v21.00 4,172,25Z25 _0-2_6 23.47 181,312 45,862 99.31 248,287.50 100.34 250,846.00 1.41 16,625 2,124 5.63 98.32 196,638.00 98.28 196,565-60 1-10 8,600 717 536 100.69 201,378.00 102.36 204,720.00 1.15 8,250 4,125 2.51 101.31 253,280,00 104.03 260,070.00 IA6 15,937 6,641 4.69 93.99 187,998,00 97.63 195,260.20 1.10 9,900 385 5b2 93.74 187,47400 100.31 200,612.00 1.13 9,700 1,239 4.7' 103.71 207,422.00 109.62 219,246,00 L23 13,000 2,744 425 88.88 177,764.00 93,86 187,730.00 1.05 9,500 3,167 5.95 84.00 168,000.00 96.27 172,546-00 0.97 12,000 2,100 8.88 89.97 179,748.00 102.01 204,028.00 1,14 11,250 2,375 5.30 85.50 171,000.00 100.20 200,398,00 1.12 11,500 4,792 5.72 2 t O Alaska Permanent Capital Management CO. PORTFOLIO APPRAISAL CITY OF KENAI - AIRPORT PERMANENT FUND December 31, 2008 Quantity Seeurit3' Unit Total Cost Market Pet. Annual Cost Price Value Assets Income 200,000 GENERAL ELECTRIC CAP CORP. 5.625%Due 05-OI-18 84.71 169,416.00 100,72 201,449.90 _ 1.13 11,250 Accnwd Intewst 2,348,395.50 2,525,755A2 14.17 137,512 -DOMESTIC SMALL CAP EQUITY FUNDS 12,270.0000 ISHARP.S S&P SAIALLCAP 600 INDRX 43.07 528,460.40 43.97 539,51190 3.03 0 DOMESTIC MID CAP EQUITY FUNDS 25,410.0000 ]SHARES S&P MIDCAP 400 51.77 1,315,475.23 53.33 1,355,11530 7.60 0 DOMESTIC LARGE CAP EQUITY FUNDS 33,404.0000 S & P 500 DEPOSITARY RECEIPT CLOSED -END R7 91.06 3,041,866.99 9024 3,014,376.96 16,91 0 EMERGING MARKET FUND 33,909 VANGIiARDEMPIdGINGMAIdKETE7P- 24.35 825,815.22 23.57 799,235.13 4.48 0 INTERNATIONAL FUNDS 61,803 VANGUARDEL'ROPEPACIEiCETF 27.32 1,689,710.70 2T47 1,697,728.41 9.52 0 REAL ESTATE 23,524M*0 VANGUARDREITETP 36.55 959,838.34 36.45 857,449.80 4,81 0 CASH AND EQUIVALENTS CASH RECEIVABLE Wells Pmgo Secured ManeyMarket Accmmt 24,028.83 24,028.83 0.13 0 2,349,239,91 2,349,23991 119,811 2,373,268.74 2,373,26874 _13.18 13.31 119,811 TOTAL PORTFOLIO 17,533,863.62 17,825,369.11 100.00 441,839 "Callable Smurky 3 Yield Accrued to -interest Maturity 1,875 5.52 32,284 78,833 Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OFKENAI-AIRPORTPERMANENTFUND From 12-01-08 To 12-31-08 Trade Settle Date Date Security Quantity PURCHASES AGENCIES 12-05-08 12-08-08 FI-ILMC 4.875% Due 06-13-18 12-05-08 12-08-08 F11LB 5.375% Due 05-18-16 CORPORATE BONDS 12-09-08 12-12-08 MORGAN STANLEY 6.000% Due 04-28-15 f L DOMESTIC LARGE CAP EQUITY FUNDS O IV 12-12-08 12-17-08 S & P 500 DFPOSITARY RECEIPT CLOSED -END FU DOMESTIC MID CAP EQUITY FUNDS 12-12-08 12-17-08 ISIIARES S&P MIDCAP 400 DOMESTIC SMALL CAP EQUITY FUNDS 12-12-08 12-17-08 ISAARES S&P SMALLCAP 600 INDEX EMERGING MARKET FUND 12-12-08 12-17-08 VANGUARD EMERGING MARKET ETF 12-17-08 12-22,08 VANGUARD EMERGING - MARKET FTF INTERNATfONALFUNDS 12-12-08 12-17-08 VANGUARD EUROPE "Callanic Secidty PACIFIC ETF 4 Trade Amount 450,000 497,970.00 500,000 551,726.00 1,049,696.00 200,000 168,000.00 3,559.0000 310,012.39 2,740.0000 1,340,0000 135,620.41 53,859,96 2,245 54,006.02 11,640 299,814,97 353,821.59 4,547 120,037.62 O W t *Callable Security Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OF KEAW -AIRPORT PERMANENT FUND From12-01-08 To 12-31-08 Trade Settle Trade Date Date _ _Security _ Quantity Amount 12-17-08 12-22-08 VANGUARDEUROPE 17,610 500,124.00 PACIFIC ETF --620,161.62 REAL ESTATE 12-12-08 12-17-08 VANGUARD REITETF 2,145.0000 67,996.29 12-17-08 12-22-08 VANGUARD REIT ETF 5,321,0000 _ _199,942.96 267,939.25 2,959,11,1 1DEPOSUS AND EXPENSES EXPENSE ACCOUNTS 12-22-08 12-22-08 CUSTODIAN FEE 281.14 281 DIVIDEND DOMESTIC LARGE CAP EQUITY FUNDS 12-19-08 01-30-09 S & P 500 DEPOSITARY 24,028.83 RECEIPT CLOSED -END FU DOMESTIC MID CAP EQUITY FUNDS 12-31-08 12-31-08 ISHARES S&P MI,DCAP 400 9,725.93 DOMESTIC SMALL CAP EQUITY FUNDS 12-31-08 12-31-08 ISHARES S&P SMALLCAP 3,070.42 600 INDEX EMERGING MARKET FUND 12-31-08 12-31-08 VANGUARD EMERGING 39,944.80 MARKETETF 5 O 1 `Callable smutity Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OF KENAI -AIRPORT PERMANENT FUND Froin 12-01-08To 12-31-08 Trade Settle Trade Date Date Security _ Quantity Amount INTERNATIONAL FUNDS 12-31-08 12-31-08 VANGUARD EUROPE 56,487.94 PACIFIC E F REAL ESTATE 12-31-08 12-31-08 VANGUARD REIT EFF 21,994.94 155,253 INTEREST AGENCIES 12-13-08 12-13-08 FHLMC 10,968.72 4.875% Due 06-13-18 12-29-08 12-29-08 FEDERAL HOME LN MTG 26,250.00 CORP MTN 5.2500/6Due 12-29-11 37,218.72 CASH AND EQUIVALENTS 12-01-08 12-01-08 Wells Fargo Seemed 1,084.40 MoneyMarket Account CORPORATE BONDS 12-01-08 12-01-08 CATERPILLAR FIN SERV 4,300.00 CORP 4.300% Due 06-01-1.0 12-17-08 12-17-08 JOHN DEERE CAPITAL 4,950.00 CORP 4.950%Due 12-17-12 _..---9,250.00 47,553 6 xCM]abk Security Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OF KENAI - AIRPORT PERMANENT FUND From 12-01-08 To 12-31-08 Trade Settle Trade Date Date Security Quantity Amount PURCHASED ACCRETED INTEREST AGENCIES 12-05-08 12-08-08 FHLMC 10,664.06 4.875% Due 06-13-18 12-05-08 12-08-08 FI-ILB 1,493.06 5.375% Due 05-18-16 12,157.12 CORPORATE BONDS 12-09-08 12-12-08 MORGAN STANLEY 1,466.67 6.000% Due 04-28-15 13,624 RETURN OF CAPITAL LONG U.S. TREASURY 12-31-08 12-31-08 US TREASURY NOTES 5,130- 0.00 INFLATION INDEX 0.625% Due 04-15-13 0 SALES, MATURITIES, AND CALLS AGENCIES 12-10-08 12-11-08 FEDERAL HOME LN M'I'G 1,000,000 1,018,877.00 CORP 3.000% Due 04-28-10 12-17-08 12-I8-08 FEDERAL NATL MTG 1,000,000 1,025,0WOO ASSN 5.000%Due 10-30-12 12-19-08 12-19-08 FEDERAL HOME LOAN 1,000,000 1,000,000.00 BANKS 3.000% Due 03-11-10 Il 'Callable Security Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OF -ENAI-AIRPORT PERMANENTFUND From 12-01-08 To 12-31-08 Trade Settle Trade Date Date Security Quantity Amount 12-29-08 12-29-08 FFIDERAL HOME LN MTG 1,000,000 1,000,000,00 CORP MT'N 5.250%Due 12-29-11 4,043,977.00 4,043,877 S01,D ACCRETED INTEREST AGENCIES 12-10-08 12-11-08 FEDERAL HOME LN MTG 3,583.33 CORP 3.000%Due 04-28-10 12-17-08 12-18-08 FEDERAL NATL MTG - 6,666.67 ASSN 5.000%Due 10-30-12 12-19-08 12-19-09 FEDERAL HOME LOAN 8,166.67 BANKS 3.000°/fl Due 03-11-10 _ 18,416.67 18,417 8 Alaska Permanent Capital Management Co. REALIZED GAINS AND LOSSES CITY OF KENAI - AIRPORT PERMANENT FUND Pram 12-01-08 Through 12-31-08 Cost Date Quantity Security Basis Proceeds 12-10-08 1,000,000 FEDERAL. HOME LN MTG 1,001,612.00 1,018,877.00 CORP 3.000°% Due 04-28-10 12-17-08 1,000,000 FEDERAL NAIL MTG ASSN 5.000%Dtic 10-30-12 12-19-08 1,000,000 FEDERAL HOME LOAN BANKS 3,000"% Due 03-11-10 12-29-08 1,000,000 FEDERAL HOME LN MTG CORP MTN 5.250%Due 12-29-11 TOTAL GAINS TOTAL, LOSSES 0 1,028,437.50 1,025,000.00 1,000,312.50 1,000,000 w 1,009,613.00 1,000,000m Gain Or Loss 17,265.00 -3,437-50 -312.50 -9,613.00 17,265.00 -13,363.00 4,039,975.00 4,043,877.00 3,902.00 "Callable Security Alaska Permanent Capital Management Co. CASH LEDGER CITY OF I1,ENAI - AIRPORT PERMANENTFUND From 12-01-08 To 12-31-08 Trade Settle Tran Date Dale Code Activity Security Amount CASH RECEIVABLE I2-01-08 BegimringBalance 0.00 12-19-08 01-30-09 dp Dividend S & P 500 DEPOSITARY 24.028.83 RECEIPT CLOSED -END TO 1.2-31-08 Ending Balance 24,028.83 Wells Fargo Secured MoneyMarket Account 12-01-08 Beginning Balance 1,081,185.23 12-01-08 12-01-08 dp Interest CATERPILLAR FIN SERV CORP 4.300.00 4.300 % Due 06-01-10 12-01-08 12-01-08 dp Interest wells Fargo Secured MoneyMarket 1,084.40 Account 12-05-08 12-08-08 wd Purchase FFILMC -497,970.00 4,875% Due 06-13-18 12-05-08 12-08-08 wd Accrued Interest F1-ILMC -10,664.06 4.875%Due 06-13-18 12-05-08 12-08-08 wd Purchase FFILB -551,726.00 5.375% Due 05-18-16 12-05-08 12-08-08 wd Accrued interest FIJLB -1,493.06 5,375% Due 05-18-16 12-09-08 12-12-08 wd Purchase MORGAN STANLEY -168,000.00 6.000% Due 04-28-15 12-09-08 12-1.2-08 wd Accrued interest MORGAN STANLEY -1,466.67 6.000% Due 04-28-15 12-10-08 12-11-08 dp Sale FEDERAL HOME LN MTG CORP 1,018,877.00 3.000%Due 04-28-10 to ''Callable Seemly Alaska Permanent Capital Management Co. CASH LEDGER CITY OF KENAI - AIRPORT PERMANENT FUND From 12-01-08 To 12-31-08 Trade Settle Tran Date Date Code _Activity_ Security Amount 12-10-08 12-11-08 dp Accrued Interest FEDERAL HOME LN MTG CORP 3,583.33 3.000% Due 04-28-10 12-12-08 12-17-08 wd Purchase ISHARES S&P MIDCAP 400 -1.35,620.41 12-12-08 12-17-08 wd Purchase ISHARES S&P SMALLCAP 600 -53,859.96 INDEX 12-12-08 12-17-08 wd Purchase S & P 500 DEPOSITARY -310,012.39 RECEIPT CLOSED -END FU 12-12-08 12-17-08 wd Purchase VANGUARD EUROPE PACIFIC -120,037.62 ETF 12-12-08 12-17-08 wd Purchase VANGUARD REIT ETF -67,996.29 12-12-08 12-17-08 wd Purchase VANGUARD EMERGING -54,006.62 MARKET ETF 12-13-08 12-13-08 dp Interest FHLMC 10,968.72 4.875% Due 06-13-18 12-17-08 12-18-08 dp Sale FEDERAL NATI, KFI`G ASSN 1,025,000.00 5.000% Due 10-30-12 12-17-08 12-18-08 dp Accrued Interest FEDERAL NATL MTG ASSN 6,666.67 5.000% Due 10-30-12 12-17-08 12-22-08 wd Purchase VANGUARD EUROPE PACIFIC -500,124.00 ETF 12-17-08 12-22-08 wd Purchase VANGUARD REIT ETF -199,942.96 12-17-08 12-22-08 wd Purchase VANGUARD EMERGING -299,814.97 MARKET ETF 12-17-08 12-17-08 dp Interest JOHN DEEP E CAPITAL CORP 4,950.00 4.950%Due 12-17-12 12-19-08 12-19-08 dp SaIe FEDERAL HOME LOAN BANKS 1,000,000.00 3.000%Due 03-11-10 m Alaska Permanent Capital Management Co. CASH LEDGER CITY OF KEIVAI - AZ RPORT PERMANENT' FUND Irom 12-01-08 To 12-31-08 Trade settle Trait Date Date Code _ Activity _ security Amount 12-19-08 12-19-08 dp Accrued Interest FEDERAL HOME LOAN BANKS 9,166.67 3.000%Due 03-11-10 12-22-08 12-22-08 wd Expense CUSTODIAN FEE -281.14 12-29-08 12-29-08 dp interest FEDERAL HOME LN MTG CORP 26,250.00 MTN 5.250% Due12-29-11 12-29-08 12-29-08 dp Sale FEDERAL. }TOME LN MTG CORP 1,000,000.00 MTN 5.250%Due 12-29-11 12-31-08 12-31-08 dp Dividend ISHARES S&P MIDCAP 400 9,725.93 12-31-08 12-31-08 dp Dividend ISHARES S&P SMALLCAP 600 3,070,42 INDEX 12-31-09 12-31 OS dp Dividend VANGUARD EUROPE PACIFIC 56,487.94 ETF 12-31-08 12-31-08 dir, Dividend VANGUARD EMERGING 39,944.80 MARKET ETF 12-31-08 12-31-08 dp Dividend VANGUARD REIT ETF 21,994.94 12-31-08 Ending Balance 2,349,239.91 "Callable Security 12 ro. Rick Koch, City Manager Gus Sandahl, Police Chief M, Date: 2/11/2009 Re: Police & Communications Department Activity — January 2009 Police handled 589 calls for service. The Communications Center received 127 emergency 9-1-1 calls. Officers made 69 arrests and wrote 266 reports. On January 17'h, officers responded to a Kenai residence to the report of a strangulation of an adult female. An adult male was later arrested for the felony assault on the woman, who was his third party custodian. At the time of the offense the man was out on bail for the assault of another woman. He was also charged with multiple counts of drug possession (including heroin). Traffic enforcement resulted in 12B warnings, 2 speeding tickets, 7 seatbeit tickets, 11 citations for equipment violations, and 30 citations for "other' traffic violations. There were 5 DUI arrests. Police investigated 11 vehicle crashes (1 fatal crash, and one other injury crash). The 11 crash investigations resulted in 6 citations and no arrests. On January 15"', an eastbound Suburban lost control on icy roads near mile 9.7 of the Spur Highway and struck a westbound Nissan sedan operated by Michele Morse (46 you from Kenai). Michele later died from injuries sustained in the crash. In the schools, Officer Langseth handled 3 criminal investigations and 7 other calls for service. He gave presentations to students on Constitutional Rights (4', 5"', 6'h Amendments). He is also involved in the weekly youth mentorship program at KMS with Mr. Manual. Officer Langseth and Officer George continue to teach the Elementary DARE program to students at Mt. View and Kaleidoscope. In January, Officer Langseth began weekly DARE Middle School presentations at KMS. On January 12'h, Cheryl Bemowski started work as a Dispatcher. Cheryl was a Dispatcher with the Homer Police Department, and prior to that was a Dispatcher with Soldotna AST. On Tuesday, January 13th, a flooring team began tearing out and replacing the flooring at the Police Department. The flooring crew worked 7 days a week, and completed the install on February 5"'. Several members of the Police Department took advantage of the bare floors, and painted most of the interior walls of the building. Police and Communications personnel are very appreciative of the new flooring in the Police Department. On January 250', Chief Sandahl attended a 2-day seminar for Missing and Exploited Children at the National Center for Missing and Exploited Children in Alexandria, VA. The seminar was very worthwhile, and was attended by Chiefs, Sheriffs, and Communications Commanders from around the country. Officers continue to work DUI and Click -it or Ticket campaigns (funded by the Alaska Highway Safety Office). -111- Kenai Community Library Monthly Report February 2009 We submitted an application for a grant to the Gates Foundation for their ICMA local government and public libraries partnership initiative. Our request for computer hardware and software came to approximately $30,000. They will announce the award recipients sometime in February. We are now working on a letter of intent to the Kresge Foundation for support of our expansion project. Library staff are working on other grant applications as much as we can. The Paul Allen Foundation declined our letter of intent. Some members of the staff will participate in a teleconference with Brian Meissner of ECl/HYER next Monday to review the latest draft of the plan for the expanded library. There has recently been a lot of communication from the American Library Association and the Alaska State library regarding the Consumer Product Safety Improvement Act that Congress passed last August. This is a law intended to protect children from exposure to lead and phthalate. The General Counsel for the Consumer Product Safety Commission has interpreted this law to include children's books as well as toys and made the opinion retroactive for products. This would cover all the books in on our shelves for children. If this ruling were to stand, the library would have to either remove all their books, test them for lead and phthalate or ban all children under 12 from the space. Needless to say, the ALA launched a vigorous campaign of calls to the Director of the Consumer Product Safety Commission, so much so that when I called I was not able to speak with her and her assistant told me that she was getting one call every 30 seconds from a librarian. They disavowed any authority auu ausgt'Sxu we Cvru`aCt out congress ior, at cep'reSeiiiailveS. On February 2, 2009 the U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger..." For more complete coverage of this issue, and lots of legalese, take a look at http://wN,v,A,.cTsc.gov/librarv/'foia/advisoiy/323.pdf We have been working with city administration to establish a plan for closing and protecting the library and our computers in the event of an eruption of Mt. Redoubt. We also have materials available to individuals regarding safety precautions dealing with ash falls. The Alaska Library Association is meeting in Kodiak next month. The director and two staff members will attend the conference. -112- Kenai Community Library Monthly Report February 2009 January Circulation Figures Adult Fiction 2,117 Internet Access 1,027 AdultNon-Fiction1,426 Music 144 Periodicals 49 Puzzles 2 Juvenile Fiction 625 Videos 674 Juvenile Non -Fiction 267 DVDs 2,248 Easy Fiction 1,321 Audio books 128 Easy Non -Fiction 314 Miscellaneous 37 Interlibrary Loan 31 Computer Programs 6 Total Print 6,150 Total Non -Print 4,266 Total Circulation 10,416 Internet Express Use 549 Total Catalog Searches 7,400 Library Door Count....... 7,715 hz-House circulation 97 Downloadable Audio 138 It is interesting to note that the number of downloadable audio books checked out is higher than the number of CDs or cassettes checked out physically from the library. Income Fines and Rental Books $1,048.31 Xerox 258.00 Lost/Damaged 139.39 Test Proctoring Fee 180.00 Total income 01/09 $1,625.70 Interlibrary Loans Books Ordered 39 Received 36 Returned 27 Loaned by us 36 Volunteers 10 Hours 64 Library Cards Issued January 2009 Kasilof 3 Kenai S 5 Nikiski 16 Soldoma 17 Sterling 3 Non -Resident 5 Internet Use 2 Organization & Other 6 Total 107 Adult Programs .......... 7 Persons .............. 50 Children's & Family Programs.... 18 Attendees ................................. 175 -113- To: Rich Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: February 10, 2009 Subject: January Monthly Report Total number of days rented in January 2009: 2 January Monthly Meal Count 2008 Served: Total Congregate Meals Served: 1,118 Total Home Meals Served: 1,961 Total Non -Seniors Meals: 12 January 2009 Monthly Meal Count Served: Total Congregate Meals Served: 1,035 Total Home Meals Served: 1,653 Total Non -Senior Meals: 10 Total Volunteer Hours for January: 567 There were 48 seniors that had appointments concerning Medicare, social security, PFD, energy assistance, check writing, etc. AARP held a defensive driving class. There were 25 people present for the class. Senior Olympics, will held the end of February and are in the planning stages, as well as seniors practicing for the games. Seniors have been enjoying bowling, and playing tennis with the "Wii". "Wii" was donated to the ,,,,..ior e,,n at .. at Christmas. Blue Grass is continuing to play three Thursdays a month as well as every Wednesday at lunch. Three Thursday evenings a month, Blue Grass Jam brings musicians as well as spectators to enjoy an evening of great music. Senior Connection has been selling light snacks for a nominal fee. Average attendance is 35 people. Grant writing time is upon us; the director is busy organizing, planning and writing for the new budget. Because of the possibility of Redoubt erupting, residents of Vintage Pointe have been meeting to discuss emergency/fire/disaster preparedness. After taking CERTS training a senior center volunteer has been sharing and providing information to residents living in Vintage Pointe. The volunteer and Director have been encouraging each resident to put together his or her own emergency kit. There has been good response among the residents. -114- KENAI FIRE DEPARTMENT Date: February 11, 2009 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe of 1-1-09 to 2-11: Run total for this time frame 219 Total last year at this time 170 23% over this time last year Last 30 days 173 requests for service Summary of activities for last month: 1) All 3 shifts held training sessions with guest trainer from Kenai Peninsula College, 2) 2 members of the department are attending KPC to finalize their degrees. 3) Admin Asst. Participated in a Webinar for a new records management system for the fire department. 4) Continued work on new budget. 5) Completed Airport Fueling inspections 6) One member of the department is enrolled in his EMT III class at CES 7) Worked in the Specifications for the new ARFF vehicle for the Airport 8) Participated in Alaska Volcano Institute preparation plan and teleconference 9) Hosted a Safe Kids Car seat check at station 1. 10) Finalized plans for contact and distribution of smoke detectors 11) All department members recertified in Advanced Cardiac Life Support -115- \� eke a�,af f/ KENAI, ALASKA "V l`faye with a Past, Choy wA a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director 1,P Date: February 11, 2009 Re: Monthly Report The past month has been a busy one with much of the department's focus on the preparation of the FY2010 Budget. Work continues with the first draft to be available to Council by April 15t In addition to this mid -month report are the quarterly investment and financial reports for the quarter ended December 31, 2008. Please be aware that significant volatility still exists in the financial markets and the earnings reported for the Airport Permanent Fund through December 31, 2008 were completely eliminated and replaced with a sizeable loss in January 2009. Evaluating investment performance on a monthly basis for such a long-term portfolio is ill advised. Performance is being monitored and a detailed analysis will be made at the end of the 15t quarter comparing performance to the benchmarks established for managing the fund. -116- PEA h . i •- NiTi6mallilraj, 1. . Municipal Airport FAA Grants — Three grant offers have been received from the FAA for projects identified in the FY09 Airport Capital Improvement Plan. Entitlement dollars carried over from 2008 and 2009 purchased a new snow plow with the remainder applied to the Phase 1 apron rehab and discretionary funds became available in December for a new Aircraft Rescue and Fire Fighting Vehicle. Kenai Peninsula Air Fair — The 9th Annual Kenai Peninsula Air Fair will be held on Saturday, May 30, Airport staff is busy contacting volunteers, military, pilots, and vendors. We are always looking for event volunteers. If you can volunteer or have ideas to ensure our event is a great one please contact us. Budget: The airport is busy with the budget. Some of the improvements planned for next year are to renew the landscaping in front of the terminal, relocate two light poles in the short term vehicle parking lot, acquire an automatic payment terminal for vehicle parking, and relamping of the equipment and wash bays at the Operations building. Volcano Preparedness: We continue to work with the Borough, City, and tenants to ensure everyone is informed and prepared for potential impacts. The airport is an essential asset for emergency landings, medivacs and observation flights. We plan to remain ®pen even in the event that air carriers may suspend operations. The Alaska Volcano Observatory will be in Kenai on Thursday to identify an airport location for°volcanic ash radar". This would be a temporary approximately 6 month installation for an experimental radar system that is being developed to provide information for detecting explosive eruptions and tracking ash clouds. 2008-12 -117- "'Village with a Past Ci with Future ®r 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 4 jtif F1'99!{2v eke city o f RENAL ALASKA PUBLIC WORKS DEPARTMENT FEBRUARY 2009 REPORT TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: February 11, 2009 SUBJECT: Mid - Month Report; Public Works Department The status of previously reported projects is as follows: • Thompson Park LID and Shamrock Circle LID paving project (Alaska Roadbuilders) one minor punch list item remains for May. • The Marathon Road Improvement Project (Southcentral Construction Inc.) is substantially complete; street lights are installed and burn -in tests being conducted; two minor punch list items remain for May. • Kenai Visitor's Center Heating System Upgrade — 2009 (engineering by RSA Engineering, Inc. and construction by Blazy Construction, Inc.) Installation, replacement & upgrades to heating, control, ventilation, boiler, carpeting and painting. Exhibits and taxidermy items have been moved away from the immediate project construction area. Interior painting is near preparation, old carpet is out with new carpet about to be installed; ceramic tile being installed in entryway; mechanical work progresses. Building is being heated by auxiliary means. Visitor's staff has moved to temporary offices for the remainder of the project. • Kenai Community Library Expansion Project - ECl/flyer, Inc.'s 'schematic plan' is due on or about 19 February 2009; a detailed cost estimate will be issued by the end of February. • Kenai Courthouse Parking Expansion - 2009 (Design by Wince-Corthell-Bryson). Design complete on 2/2/09, Plans to be issued on 2/24/09, Bid Opening on 3/24/09 at 2PM. • Arsenic Groundwater Study. Further drilling and evaluation of a well at NW comer of Spruce Street and 2n' Avenue: completed drilling additional footage to existing well to 500 feet, screened and developed the well. Now conducting water quality testing and reporting. • South Ames and Basin View Drive Paving LID (Design: Nelson -& Associates). Design will be complete 2/23/09, Public Review Meeting on 2/26109 at 7PM; Plans issued for Construction on 3/3/09, Bid opening on 3/24/09 at 3PM. • Cabin Relocation Proiect - Historical Society is directing work for the first three cabins to be moved. • Kenai Municipal Airoort Apron Rehabilitation & Widening — 2009, Design to be complete on 3/4/2009, Plans issued 3/9/09, Bid -opening at 4/7/09. 20D9 (Design by Wince-Corthell-Bryson). Design completed on 2/2109, plans to be issued 2/24/09, Bid Opening on 3/24/09 at 1 PM. • Vintage Pointe Dry Sprinkler S stem Replacement — 2009 Bids will be opened on 3/3/09 at 2PM. • Vintage Pointe Casement Window Replacement — 2009. This will replace 64 windows In Vintage Pointe with energy efficient, easy to open and low maintenance windows. Bids will be opened 3/3/2009 at 2PM. • Vintage Point & Senior Center Exterior Painting Project — 2009 Bid specifications are being prepared for this summer project. Other Public Works Activities: • North Beach Fence Materials — 2009 Will provide materials for a fence with wooden posts and galvanized chain for the protection of North Beach Dunes. Bid will open on 2/24109 at 2PM. • Public Works Department has submitted our 13 FY2010 departmental budgets for Administration review. • We are preparing specifications for various minor projects. • North Forest Drive — 16 street lights have been replaced with Light Emitting Diode (LED) Lights for energy efficiency SM06 `"lime with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 Me arty of KEN SKA MEMORANDUM To: Rick Koch, Kenai City Manager Through: Wayne Ogle, Public Works Manager From: Robert J. Frates, Parks & Recreation Director Date: February 10, 2009 RE: Mid -month Report A total of 107 hours of ice were reserved for the month of January. This is an increase of 4.5 hours over last year at this time. We've historically recorded our coldest days throughout January and similar to last season, a total of 13 hours were cancelled due to extreme cold temperatures. The department logged a total of 24 hours grooming the ski trails in January. A lack of snow and a warming spell mid -month attributed to the low number of hours. Signs addressing the line for off -road vehicles on park property were installed at Municipal Park. Bollards have also been purchased with delivery anticipated to be 4 to 6 weeks out. Bid documents were developed for the north beach fence materials and bids will be received until 2 p.m, February24s`. Stoney Wright from the Alaska Plant Materials Center will be visiting in May to evaluate the north beach dunes and bird -viewing flats to offer his expertise for re -vegetation work. The director met with Robert Ruffner (Kenai Watershed Forum), Mike Edwards (USFWS) and Public Works Manager Ogle to discuss progress on the bird -viewing platform and discussed ideas for development of a master plan for the north and south beaches. Preliminary cost estimates were developed for fencing on the south shore in the event future funding becomes available. The Director also discussed with Ken Tarbox some ideas about fencing on the south side for the upcoming dip net season. Bid documents are being developed for replacement of concrete planks at the dock facility. The necessary permits and revised drawings are being pursued as well. The director submitted a request for a quote on design/engineering work for the Park Strip shelter expansion to William J. Nelson & Associates. One quote has already been obtained from Wince-Corthel- Bryson. Quotes will also be pursued for building of a storage unit to be placed at the sports complex. The department solicited a quote for the supplying of flowers and planting of the circle planters this early summer. The Director attended the Alaska Greenhouse & Nursery Conference January 27a' & 28tl° The department has been coordinating with Vince Redford on a hockey clinic similar to last year's program. Slims 1-0 �- it "Villaye ulith a Past C# witk a Future _u�' � 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 _ Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us \\, Me e(�y of //' KE11� SKA MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Jerk DATE: February 10, 200 RE: COUNCIL, BOARD, COMMLSSIONAND CO1i274'IITTEE TRAINING Over the course of the past year, Soldotna City Clerk Teresa Fahning and I have had several discussions with regard to conducting a joint trauiing session for our elected and appointed officials. In late January, Ms. Fahning and I met with Linda Murphy, C1erkWorks Alaska, to discuss our idea and 'hopefully make it become a reality. Ms. Murphy, whose career in municipal government spans the past 28 years, offers a wide range of training and consulting services to municipalities and organizations through the state. At the present time, no specialized training is offered to elected and appointed city officials locally. Elected officials have the opportunity to attend an annual class sponsored by the Alaska Municipal League, called the Newly Elected Officials Seminar. However, that involves traveling to the AML's Annual Conference and time away from jobs and homes. Nothing is available for city board, commission, and committee members. AS your City Clerks, we would like to change that. We are offering to arrange a full day of training, divided into two sessions -- one-half day dedicated to the Mayors, Council Members and Planning & Zoning Commissioners, and one-half day dedicated to city advisory board, commission and committee members of both Kenai and Soldotna. Topics to be covered would include: -121- Mayor and Council Members February 10, 2009 Page 2 • How to run a successful meeting • Robert's Rules of Order • Role of the council, committee, board, or commission chair • Public participation in meetings • Role of staff • Tips for keeping meetings on track • Alaska Open Meetings Act and how it applies to council members, Planning & Zoning Commission members, and advisory only commission, committee or board members. With your approval, the two sessions will be conducted in late March, either on a Saturday (one in the morning and one in the afternoon) or on two different evenings during the week. The cost will be $1,000, to include both sessions and all participants. Ms. Fahning and I will share the cost equally. (This is the fee Ms. Murphy would normally receive for one training session.) We believe the combination of councils, commission, committee, and board members should be very good for discussion and comment. Our long-term goal is to provide this training on an annual basis, rotating the class location each year between Kenai and Soldotna, with year one (2009) being held in Soldotna City Hall. Does council have any objections to moving forward with a combined meeting training with the City of Soldotna? -122- Clerk Works Alaska �r January 28, 2009 Carol Freas, City Clerk City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 RE: Proposed Council/Board Training Dear Msl Freas..� .-' As we discussed earlier this week, I am prepared to provide training for your city council and members of city boards and commissions at a date and time to be mutually determined. It is understood that this training will also include the city council, board and commission members from the City of Soidotna. The training will focus on all aspects of running a successful meeting including Robert's Rules of Order, the role of the council/board chair, public participation in meetings, the role of staff, and tips for keeping your meetings on track. In addition, I will provide an overview of the Alaska Open Meetings Act and its applicability to both decision making bodies (the council and planning commission) and advisory only bodies. As I understand it, this training will be divided into two sessions with the mayors, council members and planning commissioners of both cities attending one session and the members of all other boards and commissions attending the other. These two sessions will be conducted on two different evenings during the week or on a Saturday, with one group meeting in the morning followed by an afternoon session for the other group. The fee for the training will be $1000 to include both sessions and all participants. (Note: This is the fee I normally receive for ONE training session.) I will be providing a copy of my presentation to you one week prior to the training and you will be responsible for making copies for all participants. You will also be responsible for providing a space for the training as well as a screen and projector from my PowerPoint presentation. I can either provide my own laptop or load my presentation onto your computer prior to the training. I look forward to working with you and Teresa. If you have any additional points you want me to cover in the training sessions, please let me know. Sincerely, / nda 6. Mur y, 90'.-2&2-i68fi res: Fax: 907-2624 485 RO. Box 4124 •&)IdomA., AK. 996E9-1124 ww xlerwork.ak.com info�c'rclerkwnrksuk.com Cur,c a � Brochures -123- IN1►1973IT, IIIOil0FAIT,11101 Ms. Murphy began her municipal government career in Seward where she was appointed Deputy Clerk in August 1981 and City Clerk in February 1982. Prior to that time, she served as Clerk of Court in Seward. In June 1997, Ms. Murphy was appointed Kenai Peninsula Borough Clerk and served in that capacity until her retirement in May 2005. She now offers a wide range of training and consulting services to municipalities and organizations throughout the sate through her company ClerkWorks Alaska, Ms. Murphy received her CMC (Certified Municipal Clerk) in 1986, her AAE (Academy for Advanced Education) in 1989, and in June 2000 became the first municipal clerk in Alaska to receive the prestigious Master Municipal Clerk designation. Ms. Murphy is a certified parliamentarian and a member of the National Association of Parliamentarians. Ms. Murphy has been an active member of both the Alaska Association of Municipal Clerks (AAMC) and the International Institute of Municipal Clerks (IIMC) since 1981. She is a past president of AAMC and served as IIMC Region IX Director representing municipal clerks in Alaska, Washington, Oregon, California and Hawaii from 1992-1995. In 1995, she was elected second vice president of IIMC and in 1997 became the first Alaskan and the first county clerk to serve as that organization's president. Ms. Murphy served on Lt. Governor Fran Ulmer's Elections Transition Team. In 1997, she was appointed by the Secretary of Defense to the Federal Voting Assistance Program Committee to review ahsentee voting n�ntinnc nnri procedures for members of the Armed Forces serving outside the United States. In addition, she served as an International Observer for the United Nations during the 2002 local elections in Kosovo. Since 1999, Ms. Murphy has coordinated the Newly Elected Officials Training for the Alaska Municipal League. This very visible role has highlighted the clerk's profession among local elected and appointed officials statewide and has enhanced the reputation and credibility of Alaskan Clerks. Ms. Murphy and her husband Dan live in Soldotna. MAM -filamentary Procedures and sctive Meetings: Are your meetings of control?Do you find the cedures confusing? Do you want a ,er understanding of parliamentary s?` My one-half day training session provide your city council, borough embly, board and commission nbers with a basic understanding of ertsRules of Order and the Alaska n`Meetings Act. organizations not =_red by the Open tings Act, a two , one-half hour Clerk 101 - On a new municipal clerk needing as City Clerk's Offic and shortcuts to procedures, this Together, we will create forms for agendas and mir calendar of impo tasks; and prepa '} S fit "i$• e' I T tningi if you are Regional Training: This training can be 6W6Pit more seasoned customized to meet the needs of the tance,in,organizingthe participants. Possible subjects include: W_ learning the tricks rnplify your routine office '; • Agenda & Minutes Preparation 31ning is f6e you. • Filing Systems & Retention Schedules tirganipeyour files; r Alaska Statutes Title 29 iiliublid'rrgtices, •^ _ Ordinances & Resolutions es' r-& to an annual ' Elections mttiate$ and associated '.initiative & Referendum Petitions aiteasy to use parliamentary Procedures less and resource guide. _.;-,open Meetings Act ;1- Initlgl training will _ slst of 3 to5!days on -site Clank's"O,ffice Procedures and Resour will include a follow up Manual: This manual will be customized to fine tune our original for your community and will include same forms, legal notices, agendas & minutes, procedures for common clerk's`pffice functions, a calendar of important dates and associated duties, and alist-of,resou; agencies and telephone numbers for questions and problem-soiving�;_ -126- "Village with a Fast, C# with a Adare 4 4ti, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us Me aey KENO SKA MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, Ci Clerk DATE: February 10, 2009 In reading the minutes of the February 4, 2009 council meeting, I noticed a question was raised with regard to placement of council meeting action agendas in commission/committee packets. In reviewing packets and meeting agendas from years ago, I learned the action agenda of council meetings were first included in Planning & Zoning Commission packets as early as 1983, Harbor Commission packets since 1992 and all other packets since June of 1996, I recall a request made at one point by council to include the action agendas in all commission/committee packets, which probably was in 1996. I remember the reason for the inclusion was to keep the commissions/committees up to date of council discussions and actions. Please let me know if there are any changes wanting to be made in the procedure. cif -127- Carol Freas From: LID Kenai [Kenai LIO@legis.state.ak.us] Sent: Thursday, February 12, 2009 10:20 AM To: Carol Frees; Teresa Fahning; Blankenship, Johni Subject: FV11: Press release - SB 48 committee substitute moves from CRA committee Attachments: SS 48 - Open Mtgs Act CRA acfion.doc FYI From: John Manly Sent: Wednesday, February 11, 2009 5:14 PM To: lsncjwm+pr@legis.state.ak.us Subject: Press release - SB 48 committee substitute moves from CRA committee Bill to Exempt SomeI Boards )'m Open Meetings Act Moves1Committee JUNEAU — The Senate Community and Regional Affairs Committee (CR&A) has taken action towards exempting municipal boards, commissions and committees from certain provisions of the Alaska Open Meetings Act. Under its original form, SB 48, sponsored by Senator Gene Therriault (R-North Pole), exempted road service boards from the open meetings requirement to allow members the ability to expeditiously respond to unpredictable weather conditions. The CR&A committee adopted a new version of the bill expanding the exemption to include all municipal boards, commissions, and committees meeting solely to administer and manage existing policy. A public meeting must still be noticed and held if the agenda includes policy matters such as contract negotiations or setting service area tax rates. "The committee substitute makes a distinction in the Open Meetings Act between the meetings of boards or committees that are strictly administrative, as opposed to ones which discuss and set public policy," Therriault said. "If we have a road washout due to flooding, road commission members need the ability to decide how to deal with the problem without being in violation of the open meetings act." SB 48 also clarifies an abnormality in state law regarding the definition of a "meeting." Currently, meeting requirements for advisory bodies are more stringent than those for policy setting bodies. SB 48 places the same open meetings requirements on advisory bodies as are on government agencies authorized to establish public policy. SB 48 has been referred to the Senate Transportation Committee. ### M 2/ 18/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. Final Draft Ordinance -- Amending KMC 14.20.260 to Better Provide for Enforcement for Violations of the Kenai City Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment. Draft Ordinance -- Amending the Land Use Table in KMC 14.22.010 to: 1) change the uses of personal services, restaurants, and dormitories/boarding houses from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC) and 2) add language to Footnote 25 to clarify that tattoo parlors are personal services and also requiring them to have a Conditional Use Permit in the TSH Zone. 4. 1/30/09 Department of Commerce, FY 10 Population Determination. S. 2009 Alaska Gaming Permit Application -- Our Lady of the Angels Church. 6. 2/ 11/09 F. Dahl email transmission related to proposed smoking ban ordinance. 7. 2/9/09 P. Wong letter related to Kenai Boys & Girls Club funding. 8. 2/ 17/09 Kenai Peninsula Borough Assembly Meeting Agenda. -130- PURCHASE ORDERS BETWEEN $2,500.00 AND $16,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: FEBRUARY 18, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT TIRE DISTRUBUTION SYSTEMS TIRES SHOP OPERATING SUPPLIES 6,924.36 URESCO CONSTRUCTION MATERIALS LUMBER PARKS OPERATING SUPPLIES 5,786.00 PIONEER EQUIPMENT WATER SYSTEM PARKS MACHINERY & EQUIPMENT 10,920,00 Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO: 1) CHANGE THE USES OF PERSONAL SERVICES, RESTAURANTS AND DORMITORIES/BOARDING HOUSES FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC) AND 2) ADDING LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES AND ALSO REQUIRING THEM TO HAVE A CONDITIONAL USE PERMIT IN THE TSH ZONE. WHEREAS, currently the Land Use Table in KMC 14.22„ 010 allows personal services, restaurants and dormitories/boarding houses in the Limited Commercial; (LC) Zone as a Principal Permitted Use (P); and, WHEREAS, requiring a conditional use permit for such uses in the LC Zone would allow for greater public input regarding those uses in the LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require a conditional use permit for such uses in the LC Zone; and, WHEREAS, tattoo parlors are considered personal services and as such are a principal permitted use in the TSH; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors to get conditional use permits in the TSH Zone. 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 as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: New Text Underlined; [DELETED TEXT BRACKETED] -132- Ordinance No. *-2009 Attachment "A" Page I of 4 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N =Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RRI RS RSI RS2 RU CC CC IL III ED R TSH LC CMU One Family Dwelling C18 P P P P I P P P21 S1 S' S' C" P P P S'/C" Two/f7vee Family Dwelling C" P P P P P P P21 S' C C C" P P P S'/C31 Four Family Dwelling Cl" P C' P N N P Pt' S' C C C" N P C S4C" Five/Six Family Dwelling C18 C N P N N P P" S' C C N N P C ISl/Cz' Seven or More Family Dwelling Cl" C' N CB N N P P"' S' C C N N P C S'/Cd1 Townhouses' C'" C C C C C C C Mobile Nome Parks" N C C i C C C C C C C C N C N C C Planted Unit Residential Development' C'" C C C C C C C C C C N C C C i C COMMERCIAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL In ( ED R TSB LC iCMUi Automotive Sales N C C I N N N C P P P P N N I N N I' Automotive Service Stations N C C j N N N C P P P P N C N N P Banks N C C C N j N C P P P I C N C C C P Business/Consumer Services N C i C C N N C P P P° C N C i C C P Guide Service N C C _ C N N C P - P P P N P P C i P FlotelS/Motels N C C C N N C P P P C N C P C P Lodge N C C C N N C n P P C N P P C- n Professional Offices ) N C C C N N P P P P P N C P P P Restaurants N C C C N N C P P P C N C C LPj C P Retail Business N" C i C C N N C P P P P S's S"` C C P '.. Wholesale Business N C C j C N�. N C C P P P N S'" C C N Theaters/Commercial Recreation N C C C N N C P P C C N P C C P -133- Ordinance No. *-2009 Attachment "A" LAND USE TABLE KEY: P= Principal Permitted Use C =Conditional Use S = Secondary Use N = Not Permitted Page 2 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRI RS RSI RS2 RU CC: CG IL IH ED R TSII LC CMU Airports and Related Uses P"' C C C N N C P P P P N C N N C Automotive Repair N C C C N N C P P P P N N N N P Cras Manufacturer/Storage N N C C N N N N N Cv C" N. N N N N , Manufacturing/Fabricating/ Assembly N C C C N N C C P P P N C C N C Iv mi-Storage Facility N C C C N N C C P P P N N N C C Storage Yard. N C C C N N C C P P P N N I N N C j Warehouses N C C C N N C NkCG P P N C'� N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS RSI RS2 RU CC U, III ED R TSH C LC CMUCharitable Institutions C C C C C C P P P P P C P C P Churches" C ProP10Pt0PoPl"PmPm C C P 77 P P P Clinics C C C C C C C P P P C C C C P P Colleges" C C C C C C C P P C C P C C C P Elementary Schools* C C C C C C C P P C C i P C C C P Governmental Buildings - C C C I C C C C P P P C P C C P P High Schools" C C C C C C C P P C C P C C P Idospitals* C C C C C C C P P P C C #CP Libraries* C C C C C C C" P P P C P ;Museums C C C C C C C P P P C P Parks and Recreation 1 P C C C C C C P P P P P elfC. Assisted Living C C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RE1 f,C CG IL IN ED Arrimai Boarding" C C C C C N r N C C C C N 'Bed �d Breakfasts C C C C C C C C C C C N C C C P Cabin Rentals C C C C N N N P P P C N P P C P Cemeteries C C C C N N N N C C C N C C N I N Crentatories/Funeral Homes j N C N C; N N C C C C C N C C C C Day Care Centers" C C C C C C C P P P C C C C P P Dormitories/Boarding Hnuses C C C C C C P P" S C P P" C C (P] � ` I' Essential Services P P P P P P P P P P P P P P P P Farming/General Agriculture"- j P P N N N N I N j N N N! F N P N N N IGreenhouses/Tree '.Nurseries" ( C C C C C C C P P P C N I C C P P -134- Ordinance No. *-2009 Attachment "A" KEY: P= Principal Pemutted Use C = Conditional Use S = Secondary Use N =Not Permitted 14.22.010 LAND USE TABLE Page 3 of 4 NOTE: Reference footrrntes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RR1 RS RSI RS2 RU CC CG IL IH ED R TSH LC Ch10 Colsmithing, Printing, N C C C C C C P P P P N C P i P P Taxidermy Assemblies" (Large: C C C C C C C P's Pis Pii Ps P"- C P N I"s Circuses, Fairs, Etc.) Fraternal Organizations/ N C C C C C C P P P C N C P C I P Private Clubs/Social Halls jand Union Halls Nursing, Convalescent or N C C C C C C P P C C C C C C P Rest Homes Parking, Off -Street P P P P P P P P P P P P P P P I P Parking, I>ublic Lots" C C C C C C C C C C C C C C C C Personal Services'a C C C C C C C P P P P C C P" [P] P C +� RadiofrV Transmitters/Cell P P C C C C C P P P P P C C C I' Sites'r" Recreational Vehicle Parks C C C C N N C C C C C N I C C N C !,Subsurface Extraction of C C C C C C C C C C C N( C N N N I Natural Resources"' Surfnce Extraction of C C C C N N C N C C C N C N N N Natural Resources'' * See 42 USCA Sec. 2000cc (Religious Land Use and hnstitutionalimd Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) *"R See, however, the limitations imposed under KMC 3.10.070 Footnotes: L Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and majori highways. Commercial or industrial which falls under the landscapingisite plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single-family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; C. Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; it, Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be. used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as pan of the proposed development; adequate recreation areas to serve the needs of thel, anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; 1. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Homes" section. -135- Ordinance No. *-2009 Attachment "A" Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Homes' section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development' section S. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12, Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks,, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement 1.4. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: R. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 19. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144-2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/T'SH zones. 22, Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24, Retail businesses allowed as a secondary use in conjunction with the primary use (e.g, a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons aid massage therapists. In the TSH zone. tattoo parlors are allowed as a conditional use, 26. Food services are allowed on a tempnmry or seasonal basis of not more think four (4) months per year. -136- Suggested by: Councilor Smalley <<A a«<ty°f CITY OF KENAI HEN U SU ORDINANCE NO. *-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, Afi$vTDING KENAI MUNICIPAL OBACCO SMOKE EXPOSURE ION PLACES F EMPLOYMENT AND O fflR CES. WHEREAS, the severe disease-causir smoke have been documented by the recognized scientific au " and; a other a lea y se of loped osure to de am lung cancer protect from iviron m' protect for only is no tb3 7 public health, safety and ', tb of tobacco and tobacco products by places of employment within the City of FORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, KMC 12.40 is hereby amended to read as follows on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: *, 2008 Adopted: *, 2008 Effective: *, 2008 New Text. Underlined; (DELETED TEXT BRACKETED] -137- Chapter 12.40 [REGULATION OF SMOKING IN EATING ESTABLISHMENTS AND BOWLING ALLEYS] SMOKING IN PLACES OF EMPLOYMENT AND PUBLIC PLACES 12.40.010 Definitions. 12.40.020 [REGULATIONS OF SMOKING IN EATING ESTABLISHMENTS AND BOWLING ALLEYS.] Smoking prohibited. 12.40.030 Reasonable distance. 12.40.0[3140 Where smoking not [REGULATED] prohibited. 12.40.0[4150 Sign posting requirement. 12.40A[5j60 No retaliation nor waiver of rights. 12.40.0[6170 Violations and penalties. 12.40.0[7]80 Enforcement, 12.40.0[8190 Other applicable laws. 12.40.100 Liberal construction. 12.40.010 Definitions. [`BAR" MEANS A PREMISES LICENSED UNDER AS O4.11.090 WHICH DOES NOT EMPLOY ANY PERSON UNDER THE AGE OF TWENTY-ONE (21) AND WHICH DOES NOT SERVE ANY PERSON UNDER THE AGE OF TWENTY-ONE (21) UNLESS ACCOMPANIED BY A PARENT OR GUARDIAN, AND WHERE TOBACCO SMOKE CANNOT FILTER INTO ANY OTI4ER AREA WHERE SMOKING IS PROHIBITED THROUGH A PASSAGEWAY, VENTILATION SYSTEM OR OTHER MEANS. A "BAR" DOES NOT INCLUDE AREAS IN AN EATING ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES MAY BE SERVED. "EATING ESTABLISHMENT" MEANS ANY RESTAURANT, COFFEE SHOP, CAFETERIA, LUNCHEONETTE, SANDWICH STAND, SODA FOUNTAIN, PRIVATE OR PUBLIC SCHOOL CPu ETERL^ FAST FOOD SERVICE AND O. ; IER ES T ABLISTIP IEIN T S, INCLUDING ANY BAR AREA OF ANY SUCH ESTABLISHMENT WHICH IS NOT AN ENCLOSED AREA, THE PRIMARY PURPOSE OF WHICH IS TO GIVE OR OFFER FOR SALE FOOD TO THE PUBLIC AND WHERE COOKED OR OTHERWISE PREPARED FOOD IS SOLD TO THE PUBLIC FOR CONSUMPTION ON THE PREMISES, AS WELL AS KITCHENS IN WHICH FOOD IS PREPARED. "ENCLOSED AREA" MEANS A VENTILATED AREA SO THAT AIR FROM A SMOKING AREA IS NOT DRAWN INTO OR ACROSS THE NONSMOKING AREA WHERE ALL SPACE BETWEEN A FLOOR AND CEILING IS ENCLOSED ON ALL SIDES BY SOLID WALLS OR WINDOWS, EXCLUSIVE OF DOORS OR PASSAGE WAYS, WHICH EXTEND FROM THE FLOOR TO T14E CEILING, INCLUDING ALL SPACE THEREIN SCREENED BY PARTITIONS WHICH DO NOT EXTEND BETWEEN THE FLOOR AND CEILING OR ARE NOT SOLID. THE DOORS OF AN ENCLOSED AREA SHOULD REMAIN CLOSED WHENEVER PRACTICABLE. "OPERATOR" MEANS AND INCLUDES THE OWNER, PROPRIETOR MANAGER, LESSEE, LESSOR, LICENSEE OR ANY OTHER PERSON EXERCISING CONTROL OVER ANY EATING ESTABLISHMENT OR BAR. No. °-2009 ATTACHMENT "A" Page 7 of -138- "SMOKING" MEANS THE BURNING, INHALING OR EXHALING OF A TOBACCO OR CARRYING ANY LIGHTED PIPE, CIGAR, CIGARETTE OR OTHER COMBUSTIBLE SUBSTANCE IN ANY MANNER OR IN ANY FORM.] "Business" means any legal entity whether for profit or not -for -profit that provides goods or services. btcluding. but not limited to a sole proprietorship partnership limited liability company, corporation.trust membership organization or similar entity. "Employee" means any person who is mplloved by any employer for compensation or works for an employer as a volunteer. "Employer" means any person or business including a municipal corporation or non profit enti who zmploys the services of one or more individual per ons "Enclosed area" means atl space between a floor, a ceiling and surrounding walls windows and doors whether open or closed temporary or permanent An area is not enclosed if at least fifty ep rcent (50%) of the combined surface of the area's vertical places is permanently and directly.open to the outdoors. "Health care facility" means a business. office or institution that rovides care or treatment of diseases or disability. whether physical. mental or emotional "Place of employment" means an area under the control of a public or private employer including but not limited to work areas, private offices employee lounges restrooms conference rooms classrooms cafeterias hallways and vehicles A private residencers not a place of employment except during the time when used as a child care. adult care or health care facility on a fee for service basis "Public place" means any enclosed area to which the public is invited or into which the public is un bl=c. "Smoking" means inhaling exhaling burning or ca xving any 1_�6ted or heated tobacco product or other plant material intended for inhalation 12.40.020 [REGULATION OF SMOKING IN EATING ESTABLISHMENTS AND BOWLING ALLEYS.] Smoking prohibited. [SMOKING IS PROHIBITED AND IS UNLAWFUL WITHIN ALL INDOOR EATING ESTABLISHMENTS AND BOWLING ALLEYS.] (a) Smoking is prohibited at the following places• All enclosed public places within the City of Kenai (2) All enclosed areas that are places of employment Ordinance No. *-2009 ATTACHMENT "A" Page 2 of b -139- (3) All enclosed areas on properties, including buildings or vehicles, owned or controlled by the City of Kenai, and including every room, chamber, place of meeting or public assembly under the control of the City of Kenai. (4) All areas within twenty (20) feet of each entrance to enclosed areas on properEies owned or controlled by the City of Kenai including every room, chamber, place of meeting or public or public assembly under the control of the Citv of Kenai. (5) All areas within fifty (50) feet of each entrance to a hospital or medical clinic (6) All outdoor arenas, stadiums, amphitheaters and public transit waiting areas except in designated smoking areas, which may established only in perimeter areas at least twenty (20) feet from bleachers grandstands, seating areas and concession stands. (7) All areas within twenty (20) feet of each entrance to enclosed areas at an establishment licensed under state law to sell alcoholic beverages for consumption on the premises. When an establishment licensed under state law to sell alcoholic beverages for consumption on the premises includes an entrance to an outdoor area such as a patio or deck, the minimum reasonable distance under KMC 12.40.030 shall be ten (10) feet. (8) "Reasonable Distance" areas as defined by KMC 12,40 030. (b) Smokinq is prohibited on anyproperty not listed in subsection "a" of this section, whether or not enclosed, if the owner, operator, manager, or other person baving control of the uronerty chooses to rohibit smoking. (c) This Chapter shall not be interpreted or construed to regulate smoking on property owned or controlled by the federal or state government. 12,40.030 Reasonable distance. To ensure that smoke does not enter anv enclosed area where smoking is prohibited by this Cater through entrances, windows, ventilation systems or any other means, smoking shall occur only at a reasonable distance outside any enclosed public place or place of employment where smoking is Prohibited. Unless otherwise stated under this Chapter, the minimum reasonable distance is twenty (20) feet. 12.40.0[3]40 Where smoking not [REGULATED] prohibited. [NOTWITHSTANDING ANTI' OTHER PROVISION OF THIS CHAPTER, THE FOLLOWING AREAS SHALL NOT BE SUBJECT TO THE SMOKING RESTRICTIONS OF THIS CHAPTER: (A) BARS; AND (B) EATING ESTABLISHMENTS WHILE IN USE IN THEIR ENTIRETY FOR PRIVATE FUNCTIONS,; AND (C) ANY PATIO OR OTHER AREA OF AN EATING ESTABLISHMENT WHICH IS ENTIRELY OPEN TO THE SKY.] Ordinance No. *-2009 ATTACHMENT"A" Page 3 of (a) Smoking is not prohibited in the following lap ces: i� Up to a maximum of twenty-five percent (25 %) percent of hotel_ and motel sleepin rooms rented to guests may be designated as smoking rooms if the hotel or motel designates at least seventy-five percent (75%) percent of its rooms as permanently nonsmoking Smoking rooms on the same floor must be contiguous and the status of rooms as smoking or nonsmokh1 may not be changed, except as to add additional nonsmoking rooms (2) Outdoor areas of places of employment except the outdoor areas identified under KMC 12.40.020. Q) Private residences, except during the time when used as a child care, adult care, or health care facility on a fee -for -service basis Individuals providing child care in a private residence on a fee -for -service basis shall disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of the hours when child care is provided Disclosure shall include posting on the premises a conspicuous written notice and orally, informing parents or guardians. (b) Nothing in this Chapter shall be construed or interpreted to provide any person a right to smoke on premises or property owned, leased or under the legal control of another. 12.40.0[4]50 Sign posting and other requirements. [(A) THE OPERATOR OF A BAR, EATING ESTABLISHMENT OR BOWLING ALLEY CONTROLLED BY THIS CHAPTER SHALL POST SIGNS STATING "NO SMOKINTG," WITH LETTERS OF NOT LESS THAN TWO (2) INCHES IN HEIGHT OR THE INTERNATIONAL "NO SMOKING" SYMBOL (CONSISTING OF A PICTORIAL REPRESENTATION OF A BURNING CIGARETTE ENCLOSED IN A RED CIRCLE WITH A RED BAR ACROSS 1T), AND WITH LETTERS OF NOT LESS THAN ONE (1) INCH IN HEIGHT, CITING CITY OF KENAI MUNICIPAL CODE CHAPTER 1.2,40. SIGNS SHALL BE CLEARLY, SUFFICIENTLY AND CONSPICUOUSLY POSTED IN EVERY LOCATION WHERE SMOKING IS CONTROLLED BY THIS CHAPTER. (B) EVERY OPERATOR OF AN EATING ESTABLISHMENT OR BOWLING ALLEY REGULATED BY THIS CHAPTER SHALL HAVE POSTED AT THE ENTRANCE OF THE EATING ESTABLISHMENT OR BOWLING ALLEY A SIGN CLEARLY STATING "NO SMOKING," WHICH MEETS THE ABOVE DESCRIBED REQUIREMENTS.] (a) The owner, operator, manager or other person in_control of a public place or place of employment where smoking is prohibited by this Chapter shall clearly and conspicuously place at every entrance "No Smoking" signs or the international "No Smoking" symbal (consisttg of a pieforial representation of a burning cigarette enclosed in a red circle with a red bar across it) The owner, operator, manager or other person in control of every hospital and medical clinic to which this Chapter applies shall post at every entrance a conspicuous sign clearly stating that smoking is prohibited within fifty (50) feet of the entrance to the buildine and within the building Ordinance No. *-2009 ATTACHMENT "A" Page 4 of b MEN (c) Employers shall provide a smoke -free workplace, and neither an employer nor a_person having legal control of the premises may permit an employee, customer or other person to smoke inside enclosed areas subject to the requirements of this Chapter. (d) The owner, operator, manager or other person in control of a of any area where smoking -is prohibited by this Chapter shall remove all ashtrays from the area, except those ashtrays for sale and not intended for use on the premises. (e) If an owner, operator, manager or other person in control of any area where smoking is prohibited. observes a person smoking in violation of this Chapter, he or she shall direct the person to stop smoking. If the person does not stop smoking, the owner, operator, manager or other person in control of the area shall ask the person to leave the premises. If the person in violation refuses to leave, the owner, operator. manager or other person in control shall report the violation. 12.40.0[5]60 No retaliation nor waiver of rights. [NO PERSON MAY RETALIATE OR DISCRIMINATE AGAINST ANY CUSTOMER OR EMPLOYEE BECAUSE SUCH PERSON EXERCISES ANY RIGHT TO A SMOKE -FREE ENVIRONMENT AFFORDED BY THIS CHAPTER.] fa ) No person or employer shall discharge. refuse to hire, or in an of er manner retaliate or discriminate against anv employe, applicant for employment, or other individual because such employee, applicant for employment or individual reports a violation or otherwise insists upon compliance with any requirement of this Chapter. (b_ An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. (c) Notwithstanding KMC 12.40.080(b), a violation of KMC 12.40.060 shall be punishable by a fine not to exceed five -hundred ($500) for each violation. 12.40.0[6]70 Violations and penalties. (a) It is unlawful for any owner. operator, manager or other person in control of any area whew smoking is prohibited [PERSON WHO OPERATES ANY PREMISES SUBJECT TO REGULATION] under this C[C]hapter to fail to comply with any provisions of this chapter. (b) It is unlawful for any person to smoke in any area where smoking is prohibited by this C[C]hapter. (c) Any person who violates any provision of this chapter shall be guilty of a violation [AN INFRACTION], punishable by: (1) A fine not exceeding one hundred dollars ($1.00.00), plus any surcharge required to be imposed by AS 12.55.039, for a [FIRST] violation [WITHIN A TWENTY-FOUR (24) MONTH PERIOD]; Ordinmee No. *-2009 ATLACHMPNr `A" Page 5 of 6 -142- (2) A fine not exceeding two hundred dollars ($200.00), plus any surcharge required to be imposed by AS 12.55.039, for a second violation within a twenty-four (24) month period as measured from the date of [FIRST] the most recent prior violation; or (3) A fine not exceeding five hundred dollars ($500.00), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a twenty-four (24) month period as measured from the date [FIRST] of the most recent prior violation;. (d) Each and every day that such violation continues shall be deemed a separate and distinct violation. (e) The City or a [ANY] person aggrieved by a violation or threatened violation of this C[C]hapter [OR THE CITY] may bring a civil action against a person who violates this C[C]hapter and may recover a civil penalty not to exceed three hundred dollars ($100.00) per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. 12.40.0[7)80 Enforcement. (a) Administration of this C[C]hapter shall be by the City Manager or his or her designee(s). Any person who desires to register a complaint hereunder may initiate enforcement consideration with the City Manager or his or her designee(s). (b) [PRIOR TO CITING AN OWNER FOR VIOLATION OF THIS CHAPTER, THE CITY SHALL PROVIDE THE OPERATOR WITH A WRITTEN WARNING FOR ANY SUCH VIOLATION. THEREAFTER, IN THE CASE OF THE FIRST VIOLATION OF THIS CHAPTER IN ANY TWO-YEAR PERIOD, THE OPERATOR SHALL BE SUBJECT TO THE PENALTIES SET FORTH IN SECTION 12.40.0601 Prior to citing an owner, operator, manager or other person in control of any area where smoking is prohibited by this Chapter for an initial violation, the Ci1y shall provide the owner, operator, manager or other person in control with a written warning. Thereafter, the owner operator. manager or other person in control shall be s-object to the penalties set forth in KMC 12.40.07 The written warning required by this subsection does not apply in the care of an individual person who unlawfully smoke in violation ofKMC 12.40.070(b). (c) Notwithstanding the availability of any other remedy provided by the provisions of this Chanter, the City Manager or anyperson aggrieved by the failure of the owner, operator, manager or other person in control of airy area where smoking is prohibited to comply with the provisions of this Chapter may apply or injunctive relief to enforce these provisions in Any court of competent jurisdiction. 12.40.0[8]90 Other applicable laws. This C[C]chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or regulation. Where state law and the provisions of this chapter apply to the same area or activities, the more stringent provision creating a smoking prohibition shall apply. 12.40.100 Liberal. Construction This Chapter shall be liberally construed so as to further its purposes. Ordinance No. *-2009 ATTACI-LvIENT "A" Page 6 of 6 -143- STATE OF ALASKA DEPARTMENT OF COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community & Regional Affairs January 30, 2009 The Honorable Pat Porter Mayor City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 9961 I-7794 RE: FYI0 POPULATION DETERMINATION Dear Mayor: sowk Paltn, Crotwwor Emil Nold, Cownumoner Tara Iolhe, Director The Department of Commerce, Community, and Economic Development annually determines the population of each municipality for use in various financial assistance programs. Population estimates are prepared by the State Demographer at the Department of Labor and Workforce Development. The 2008 population of the City of Kenai has been determined to be 7,115. If you do not agree with this figure, you may request an adjustment by documenting your own population. Municipalities with a population of less than 1,000 must conduct a "head count census". Municipalities with 1,000 or more residents may use a "head count census" or the "housing unit method", which includes specific statistical measures. The department requires that the population adjustment request by fully documented, that the Council or Assembly pass a resolution adopting the results, and that rt 'no completed and pos`rint ked by April 1, 2009. If you choose to request a population adjustment, please contact the department for a copy of the FY 10 Head Count Census Instruction Manual or the FY 10 Housing Unit Method Population Estimate Instruction Manual, These manuals provide additional information on the procedures and documentation required. Contact Brigitta Windisch-Cole, Research Analyst, (phone: 907- 269-4521, email: Brieitta.windisch-eole�7a alaslca.eov) or me (phone: 907-465-4733, email: bill.rolfzeng..alaska.eov) for additional information. Sincerely, Bill Rolfzen Program Administrator P.O. Box 110809, Juneau, Alaska 99811-0809 Telephone: (907) 465-4751 Fax: (907) 465-4761 Text Telephone: (907) 465-5437 Email: questions@alaska.gov Website: http://m ..commerce.state.ak.ui/dcra/ m Eladrtmenuserely - 1 9 Alaska in Permit Application Dessomp Organization information 826 "teeralElN If minewing, earned gaa4og permit M ?Vhenenmber _ iFaxmtmher /f a Or aNZd I Ion na"le websitE actress C % laY3/S tf [� 1. f }�' ` HCL'✓`G u :✓ ✓ Pi r ,� ., l 'r ..t,,.—» Ma mo address '�, £Ity State 21p+4 l AK ;, 79 Entity type (check one) Organization type (check one) for definitions, see AS 05115.690 and 15 AAC 160,995 P-Cprmonron ❑ Charitable ❑ Fatewal ❑ Price ar his depaonf ❑ onnexhip ❑ civ,c or service ❑ tabor ❑ Politicai ❑Associal'lon ❑ Dagsnushers`assoarbon ❑IduniGpallry GRIA1. inus ❑ Educational ❑ Nonji trade ass viatlon ❑'ieeans ❑ Fnh m(Ierby assoflatb0 ❑ outboardmOtnr issm .tlon ❑ft/Natlyeyitage ❑YeS❑NO Does the C:'dnIL7Gat have 2$of lYtnemember,, who are Aiaskd misidefltidSdeh'edl'i your articles of igCot4Tlailr n(rb)rirtS? Members in Charge of Games eAerehm in finance must be normal porsonsanda0l ve members of the organitatlon Cr errglloyesof tac murndstaf tt, soon desigaatcd by the nrgaoizarIDr. Mrrd>r*ta' to chary, r ay imt be IicenseJ as an operator, he a registered vendor or an employee of a vendor for finis organin don. If more than one alternate attach a separate sheet. Pr nary member lust name 7Mn Primary mni erast name Isotolwrite tyRub, net €mall Daytime none number Mobwnumber n Home rneiling endless City State I Zip ,'e AK 1 7-:34- as,- inmember passed the test? Oleo ONO Pern'dttlendenvnich testwas taken f Gi v.•, . AI-snot 'rmber F¢ntamf �MI Alternate member last name i social scsnit number sines 4._ Ovdffleponcenumber temple number 4j rr PiCAn d m Ipo address �----II r City State Zip+4 Has the ➢,e,nam merimer passed the test? pfes AK ❑No hem' d under which test was racer, �91 Legal Questions These questions must be answered. ifyouanswer Yes toeither question, see lnstiuctorns Dyes ONO Does any member of management or any person who is responsible !or gaming Ones ONO Has any member ofmanagementorany person whoisresponsible for gaming activities had aprombitedct ictofinterestas,definedby15AAC160954? activitieseenbeenconvictedofafelony,extortion,ofaviolationofalawof urdlnaoce of This state, or another junsdlalon, that Is a crime involving theft or dishonesty, or violation ofcoo lino laws? wedeclare, under penalty o(uasworn AsIsifimtlon that ivehove eeamined ums appfitadon, ircWdlroy any oaachment; and char to she test dFourkrrowledgemwermf iris true and complete. We understandrhar any falsertorernen mad applimtlon oroayanachments is paaihObkhylnvi. Py oursN�rm?ores Lean!see rhepnmary Wind es the alternan.�mernbiandif applimbrk tlternm7dyer afgamzr ogte¢mallnu�the Asoesater?Rm.rvie'/ionyaimrnolnitosc viemay oresinitlebyarrre withrsgrio 1G0.934, Prsr?ar e t signature Printed name Date p�u/(ess � President rntamraisignature ps�e Instructions) t pp 1��-�_.� Printed name _ 1 Dart i i o Alternate M,a`nb top harGessmrature Printed name I. Dare J Manager efGam s ss�ygnature printed name ` r Date Mail to Alaska Department of Revenue • Tax Division PO Box 110420. Juneau, AK 99811-0420 Phone (907)465-2320 - Tax (907)465-3098 www tax. alaska. go v/gaming RECEIVED "- FEB 4 4 2009 826 One copy of the application must be sent to the nearest municipality or borough. See instructions ni mandatory attachments. Pay online with TOPS at wwwtox.olarko.gov or make check payable to State of Alaska. New applicants most pay by check. Retain a copy for your records Permit Fee The permit fee is based on 2008 estimated gross receipts. Check the appropriate box. ❑ Newapplicant $20 ❑ SO-SX000 $20 ❑ $20,001- S100,000 $50 ❑ $100,001 or more SIM Form 0405-B2611 web Ii 10108 for 2009 • page 1 -145- OrganizationnameGaining peAmitk 2009ALAS GAMING PERMIT APPIICATION 826 CHANCE (GAMES OPCflAPYCEANiDCON1'ESTS6Fsmiti - Facility -based Games (self -directed) lfmorethantwofacll(ties,attachaseparate sheet, Facility name - Phys!caladikess City Stare I2ip+4 . Pacilitytype (.check -one) Game type check ail that appil - � rfY'wned ❑leased ❑Donated ❑Bingo 2Piaffle ❑Pefl-tabs ❑Anlmat classic(dickenl" ❑Animaldasslc(ratrbCW ❑Specialdrawrafne" OCaimnapooi" Facility name Physical address City State 21p+4 AK Fadity type(check one) Game type kneck all that apply) ❑ Owned ❑Leased []Donated0Bingo I ❑Raffe EDPu!!-tabs ❑ Animal dassiC(chicken)" ❑Anima!classic (far race)* ❑ Special drawraffle"" ❑Calcuttapoo[i L___-iP_ HItfd—Ud5tU UdI11CS If more than two areas, attach a separate sheet 'remaedgame Type " serrrorucGonslormaMatary mmthm Area r IGame type heck all that apply} - t<&'i('"4? EUe ❑Contesmfskhl ❑Fishderby ❑Gegmushe'tontsr ❑Cassic(sprcify) Area Game type (check all that apply) i ORaifle ❑Contest of skill ❑Fishderby ❑Dogmushers`mntest MClassic (soetlfy) Manager of Ga-meS Requiredonly for self -directed pull -tabs and bill Manager first name MI Manager lastname Soda[ sewdy number, - Daytime phone number Home mailing address —� Email Mobile phone City State Zip +4 Permit A undervrhlch test raker - Has Yn=.managero;gamespassetlthe test? ❑Yes ❑No ( Vendor Information Attach2009vendorregistrationform(s)andfee(s)foreachvendor1isledbelow. Bx or lipuar store Dame Physialaddress City fi State iZIP +4 . AK Bar or liquor store name Physicaladdress City State Zip +4 AK Bar or liquor store name Physicalarli City State Zip +4 AK Bar or Vlgcorstare name Physiczladdress city State Zip +4 AK Aar or liquor store name ; Physlai address city `State Zip +4 AK Operator Information Designate operator who will conduct ac?Ivlties on the or anizatlon's behalf. Attach signed operating cot ract(s). If more than one operator, attach a separate sheet. bperarorname Business name IGame rype(s} Operator license@ i Multiple -beneficiary Permittee Information (MBP) Designate the MBP with which the organization has sipped a oartnershlo or Joint -venture agreement 826 & I _ _ n,- _ _ _ _ J u r IIUL r s-utie Cu3 uescnue in octal now me organization will use the net proceeds from gaming a Pirates. ebu,'.`,A.1,-4L ev Y8a1-;1- lvlTl S—f & Fux>u5 ✓� shy lui_^.� 7c� !n) nu';�z V4r?tlE 1) aa-L JCCS Eck' Sv'm 9rr2— f U c LSCD a'a,� Sc,PFrES �lacc^�,,c�aL} j�aR r.9 7c v sZO, Retain a copy for your records Form 0405-826.2 web Rev 10/09 for 2DO9. nags —146— From: Frank Dahl [frankd@gci.net] Sent: Wednesday, February 11. 2009 9:17 AM To: Carol Frees Subject: FW: No Smoking Ban - Intrusion into private business From: Frank Dahl [mailto:frankd@gci.net] Sent: 02/11/2009 9:06 AM To: 'Kenaimayor@msn.com'; 'rossrck@hotmail.com; 'mboyle@alaska.com'; 'bob@mollyforcouncil.com'; 'hvsmalley@yahoo.00m; 'barry; 'cpajoe@altrogw.com; 'cfreas@ci.kenai.us' Subject: No Smoking Ban - Intrusion into private business As a business owner in Anchorage (Blues Central @ the Chef's Inn) -- 45 years at the same location, and past president of Anchorage CHARR, I have close contact with most bar/restaurants in Anchorage as well as throughout the state. My business, as with most others, saw their income go down because of the smoking ban. Prior to the ban, we had smoking and non smoking areas within our businesses, and it worked well. Most all customers were satisfied. It was the liberal do gooders who imposed their lifestyles on others and felt everyone should live like they do. Local government swallowed that idea and felt justified with their intrusion into private business. They told us that our businesses would actually improve with a no smoking ban, i will ask you the same as I asked of them; Who will pay our bills if it does not ? I hope I am not met with the same blank stare I got from them! If our customers actually want no smoking, then as good operators, we will change on our own. We do not want nor need government to intrude into our affairs. Please understand, this is not in support of smoking. It is making use of our rights to use or allow the use of a legal product. During this very harsh economic time, please do not burden us with even more hardship. Our business's cannot afford 11. .a«. L....'........ J due r_ 1_.._ '* In Anchorage, miany businesses closed due to the smoking ban. We do not want the same...... Actually, many cities throughout the country are reversing their no smoking bans due to the recession. Thank you for your consideration. Frank Dahl 3437 Sagan Circle Anchorage, Ak 99517 (907) 529-4477 cell 1 -147- Economic fears are snuffing out smoking bans In recession, lawmakers seemingly more willing to take side of business New Jersey put off a smoking ban for Atlantic City casinos after five of it casinos warned they could file for bankruptcy by year's end. Cie Stroud j AP Most popular . Most v!ewed .Top rated .Most e-makd Tops bankers face grilling by dubious Congress Madoff's wife withdrew tISM before hls arrest First lady Michelin Obama graces vogue cover Archaeologists fired rare intart mummy Cuomo blasts Merrill executives on bonus plan Most viewed on msnbc.com Associart d Press updated 5:42 p.m. ET Feb. 4, 2009 DENVER - In this economy, lawmakers are more willing to let people smoke 'am if they got 'am. As recently as last year, many states and major cities seemed ready to adopt complete indoor smoking bans. But the movement to kick all smokers outdoors has stalled as the recession worsens and lawmakers fear hurting business at bars, restaurants and casinos. "This economy, it creates a little more sympathy for the business person. So when we say this is going to put us out of business, believe me, they're listening," said Mike Moser, executive director of the Wyoming State Liquor Association. Story continues below , advertisement ' your ad here Twenty-three states, as well as Washington, D.C., and Puerto Rico, have indoor smoking bans covering bars and restaurants. No one else has adopted a ban in the early weeks of this year's legislative sessions. In Colorado, lawmakers are considering easing the rules after they banned smoking in most bars, restaurants and casinos. New .Jersey put off a smoking ban for Atlantic City casinos after five of 11 casinos warned they could file for bankruptcy by year's end. In Virginia, a proposed statewide ban stalled this year after lawmakers expressed concern about the economy. Moser's group opposes an indoor smoking ban that has been offered in Wyoming. After businesses raised objections, state lawmakers last month exempted bars from the legislation. In cities that have banned smoking in bars, "it's just killing them," said Mike Reid, owner of a wine bar in Casper. Reid voluntarily banned smoking in his bar, but opposes the forced ban as president of the liquor association. "When someone builds a business with a clientele that smokes, they should be able to go in there and smoke," Reid said. Health advocates are citing the economy to argue their side, too. With state budgets burdened by rising health care costs, banning smoking saves the government money in the long run, they say. In Kansas, which has no statewide ban, advocates are b Fad File Kick the habit Learn about popular products, drugs and anticipated new ways to help you quit 'i smoking. (C.aur�tkaJ msnbc.com circulating a new state health report predicting Kansas would save $20 million In health care costs the first year smoking is banned in bars and restaurants. "This whole economic argument is hogwash, scientifically, but that doesn't mean it's not politically useful," said Dr. Stanton Glantz, director of the Center for Tobacco Control Research and Education at the University of California, San Francisco. Glantz says reputable studies show indoor smoking bans do not hurt businesses, and he urged politicians to ignore complaints from bar owners that smoking bans will ruin them. 4 -149- "There's a growing realization that tobacco control is good for business — all businesses except for the tobacco companies," Glantz said. Health advocates also say the existing patchwork of tobacco regulations puts. nonsmoking restaurants at an economic disadvantage in states such as South Carolina and Wyoming, South Carolina Rep. Todd Rutherford, a Democrat who has proposed a statewide ban, said if lawmakers don't want to hurt any businesses, they "need to make this uniform." But Virginia Delegate Tom Gear, a Republican, said other ;awmakers oppose new smoking bans for the same reason. "Why should government tell a business how to do business?" Gear said. Virginia lawmakers also rejected two tobacco tax increases this year, in part because of hesitancy to raise taxes in a recession. -150- �,. FEB g 2009 KE` T�� --�._._ _ Kenai City Council Members, My name is Patrick Wong and I am the proud father of Patrick Keawe Spotted Eagle -Wong, a nine year old 41h grader at Mt. View Elementary who is a member of the Kenai Boys and Girls Club after -school program. The program has enabled my child to interact with peers in a safe, positive and educational setting. Being new to his school and the community, it has been a terrific place for him to meet new friends, enjoy numerous and fun activities all while having fun. It has really meant a lot to him and our family. The benefits of having the B&G Club are beyond explanation, not only to my child, but I am sure for countless numbers of children and families as well. It would be a real shame and disservice to our community to see it disappear due to a lack of funding. That is why I humbly ask the city for further funding for the Kenai B&G Club. Thank you for your time. Re,ctfully, Patrick M. Wong -151- Kenna Peninsula Borough dose _ e February 17, 2009 - 7:00 Plot Regular Meeting Borough Assembly Chambers, Soldotna, Alaska A. CALL TO ORDER Milli Martin B. PLEDGE OF ALLEGIANCE Assembly President - Seat 9 - South Peninsula Term Expires 2009 C. INVOCATION Pete Sprague D. ROLL CALL Assembly Nice President Seat 4 - Soldoma Tern? Expires 2010 E. COMMITTEE REPORTS Paul Fischer F. APPROVAL OF AGENDA ANTI) CONSENT AGENDA Assembly Member Seat 7 - Central (All items listed with an asterisk (*) are considered to be routine and non -controversial by the Tern? Expires 2010 Assembly and will be approved by one motion. _ There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Gary Knopp Consent Agenda and considered in its normal sequence on the agenda.) Assembly Member Seats - Katfornsky G. APPROVAL OF MINUTES Term Expires 2009 mg * 1. February'), 2009 Regular Assembly Meeting Minutes ......... i mbly Member Seat 6 -East Peninsula H. COMMENDING RESOLUTIONS AND PROCLAMATIONS Term Expires 2009 Charlie Pierce I. PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) Assembly Member - Seat 5-Sterling/FummyRiver r i John Targerson, Kenai Peninsula Economic Development District, Term Expires 2011 Contract Proposal Hal Smalley Assembly Member 2. Robert Ruffner, Kenai Watershed Forum .................. 14 Seat 2 - Kenai Term Expires 2011 J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE Bill Smith AGENDA (S minutes per speaker, 20 minutes aggregate) Assembly Member Seat 8-Homer Term Expires 2011 K. REPORTS OF COMMISSIONS AND COUNCILS Gary Superman L. MAYOR'S REPORT ............. " Assemlly Member - Seat 3-N'ikiski Term Expires 2010 - 1. Agreements and Contracts a. Approval of Contract with MSpeed Clear, Inc. to Provide 2009 Assessment Notice Print / Assembly I Mailing.......................................16 February 17, 2009 -152- Page 1 of 5 b. Approval of Formal Bid Waiver Request, Soldotna High School Lockers........................................... ........ 20 2. Other a. KPB Grantees Mid -Year Reports from Bonnie Golden :........... .. 21 b. Mayor's Weekly Reports 14 and 15 .......................... 41 C. Investment, Portfolio Report as of December 31, 2008 ............... 43 M. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None N. PUBLIC BEARINGS ON ORDINANCES (Testimony Iimited to 3 minutes per speaker) 1 Ordinance 2008-19-41: Establishing an Administrative Assistant at the Kachemak Emergency Service .Area and Appropriating $18,500 to Fund the Position (Mayor) (Referred to Finance Committee) ...................... 45 2. Ordinance 2009-02: Authorizing a Five -Year Extension of the Option to Lease Ladd Landing Between the Kenai Peninsula Borough and PacRim Coat, LP (Mayor) (Referred to Lands Committee) ....................... 50 [Clerk's Note: A teleconference site will,be established attheBorough Office in Homer to receive public testimony on the above ordinance during the assembly meeting.] 3. Ordinance 2009-04: Amending KPB Chapter 20.20, Subdivision Design T. Requirements, to Require a MinimumW;riih of 6n Feet for Platte�7,ots ,emP... (Martin) (Referred to Lands Committee) ............................... 63 4. Ordinance 2009-05: Amending KPB Chapter 14.31, Special Assessmerits—Road Improvements (Policies and Procedures Committee) (Referred to Policies and Procedures Committee) .................. 84 5. Ordinance 2009-09: Creating a Flood Hazard District, Outside the Flood Insurance Rate Map Area, Within the Seward -Bear Creek Flood Service Area to Include the 1986, 1995, and 2006 KPB GIS Mapped Flood Data Areas (Long) (Second Hearing on 03/03l09) (Referred to Lands Committee) ...... 105 February 17, 2009 [Clerk's Note: A teleconference site will be established at the Borough Office in Seward to receive public testimony on the above ordinance during the assembly meeting.] Page 2 of 5 -153- O. UNFINISHED BUSINESS 1. Postponed Items a. Confirmation of New Department Head, Bonita Jane Miller, General Services Director (Referred to Policies and Procedures Committee) . , I l I P. NEW BUSINESS I, Resolutions *a. Resolution 2009-017: Supporting the Proposed Closure of Portions .of Peterson and China Poot Bays to Shellfish Harvest to Sustain Educational Use (Martin) (Referred to Legislative Committee) ...... 117 *b. Resolution 2009-018: Approving Projects for Coastal Impact Assistance Grant Funds (Mayor) (Referred to Finance Committee) ... 129 *c. Resolution 2009-019: Supporting Funding within NOAA for Research Staff Positions at the NOAA Kasitsana Bay Laboratory and Requesting Support from the Alaska Congressional Delegation (Smith, Martin) (Referred to Legislative Committee) .............. 133 2. Ordinances February 17, 2009 *a Ordinance 2008-19-42: Appropriating $60,600 to the Legal Department Contract Services Account to Fund Hiring Outside Counsel to Assist the Legal Department in the Case Regarding Beach Access from the Paved Portion of Nilcishka Beach Road (Mayor) (Hearing on 03/24/09) (Referred to Finance Committee) ........... 135 *b. Ordinance 2009-11: Amending KPB Chapter 20.14 Wastewater Disposal to Exempt Subdivsions that Increase Lot Sizes from Wastewater Review (Mayor) (Hearing on 03/24/09) (Referred to Lands Committee) .................. ......,................138 *c. Ordinance 2009-12: Amending KP13 5.12.105 Establishing a Late - Filing Deadline of March 31 for the Senior Citizen and Disabled Veteran Exemptions (Mayor) (Hearing on 03/24/09) (Referred to Policies and Procedures Committee) ........................... 144 Page 3 of 5 -154- Q. 19 91 T. 3. Other *a. Confirming an Appointment to an Advisory Planning Commission (Mayor) (Referred to Policies and Procedures Committee) .......... 148 Hope / Sunrise Advisory Planning Commission Bianca Durrant Seat A Term Expires: 09/30/09 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. March 3, 2009 Regular Assembly Meeting 7:00 PM Soldotna ASSEMBLY COMMENTS PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Ordinance 2008-19-23: Appropriating $550,000 from the Nikiski Fire Service Area Capital Project Fund for Purchase ofa New Type A Fire Engine (Mayor) (Referred to Finance Committee) Tabled 11118108 2. Ordinance 2008-19-37: Appropriating $219,500.28 to the Special Assessment Fund for the South Kalifomsky Beach Road Natural Gas Line Utility Special Assessment District (Mayor) (Hearing on 03/03/09) (Referred to Finance 'Comrnift e) 3. Ordinance 2009-03: Amending KPB Chapter 5.35, Special Assessments —Public Utilities, to Redefine Benefitted Parcels to include Those Whose Owners Approve the Assessment District and Intend to Connect to the Main Utility Line (Superman, Knepp) (Hearing on 03/03/09) (Referred to Policies and Procedures Committee) 4. Ordinance 2009-06: Amending KPB 22.40.090 to Eliminate Reports of Commissions and Councils from the Assembly's Regular Meeting Agenda (Martin) (Hearing on 03/03/09) (Referred to Policies and Procedures Committee) 5. Ordinance 2009-07: Confirming the Assessment Roll for the Moose Range Meadows South Subdivision Utility Special Assessment District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Hearing on 03/03/09) (Referred to Finance Committee) February 17, 2009 Page 4 of 5 dM72 6. Ordinance 2009-08: Establishing the Solid Waste Department (Mayor) (Hearing on 03/03/09) (Referred to Policies and Procedures Committee) 7. Ordinance 2009-09: Creating a Flood Hazard District, Outside the Flood Insurance Rate Map Area, Within the Seward -Bear Creek Flood Service Area to Include the 1986, 1995, and 2006 KPB GIS Mapped Flood Data Areas (Long) (Second Hearing on 03/03/09) (Referred to Lands Committee) 8. Ordinance 2009-10: Authorizing a Negotiated Sale and Exchange of Certain Lands in the City of Homer with Leroy and Doris Cabana at Fair Market Value (Mayor) (Heating on 03/03/09) (Referred to Lands Committee) U. INFORMATIONAL MATERIALS AND REPORTS V. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on March3; 2009, at 7:00 P.M, in the Borough Assembly Chambers; Soldoma, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K201AO-FM 88, ](East Peninsula). Copies of agenda items are available at the Borough Clerk's Ojjiee in the Meeting Room just prior to the meeting. For further information, please tali the Clerk`s Office at 714-21.60 or toll free within the Borough at 1-800- 478-4441, Ext. 2160. Visit our website at www.boroughkenai.ak.us.for copies of the agenda, meeting summaries, ordinances and resolutions. February 1.7, 2009 -156- Page 5 of 5 KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 18, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt /,www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) PASSED UNANIMOUSLY. Ordinance No. 2381-2009 -- Amending the Development Requirements Table in KMC 14,24,020 to Provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). PASSED UNANIMOUSLY. Resolution No. 2009-03 -- Approving Nominations for Projects for the 2010-2013 Statewide Transportation Improvement Program (STIP). 3. APPROVED BY CONSENT AGENDA. *LIQUOR LICENSE RENEWAL -- Roy Dale Howard d/b/a Kenai Joe's #626/13everage Dispensary. ITEM F: MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of February 4, 2009. fil�i ali'!(e�il�iall��il,9;I�I7:ii7.�i�i�Y."�►[S.T� ITEM H: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. NONE. Approval of Purchase Orders Exceeding $15,000. 3. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. 4. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2383-2009 -- Increasing Estimated Revenues and Appropriations by $54,230 in the Airport Fund Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 5. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2384-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2342-2008 by $63,609 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 6. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2385-2009 -- Increasing Estimated Revenues and Appropriations by $22,973 in the Airport Fund and by $918,899 in the Airport Equipment Capital Project Fund for the Purchase of an Aircraft Rescue and Fire Fighting (ARFF) Truck. 7. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2385-2009 -- Increasing Estimated Revenues and Appropriations by $740,832 in the Runway Improvement Capital Project Fund for Phase A of the Airport Apron Pavement Rehabilitation Project. 8. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2387-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2341-2008 by $179,004 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Apron Pavement Rehabilitation Project. 9. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2388-2009 -- Amending KMC 7.15.060 to Allow Surplus or Obsolete Supplies, Materials or Equipment to be Sold by Internet Bidding Process or by a Broker When the Council Determines it is in the Best Interest of the City. 10. INTRODUCED BY APPROVAL OF CONSENT AGENDA. *Ordinance No. 2389-2009 -- Amending KMC 14.20.260 to Better Provide for Enforcement for Violations of the Kenai City Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment. 11. APPROVED. Approval -- Consent to Security Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4/Pingo Properties, Inc. & Geoffrey M. Graves, Individually. 12. Discussion -- Scheduling Work Sessions/COLA Discussion and Budget Reviews. Work sessions scheduled for March 30 and April 2, 2009, to be held in the Council Chambers and begin at 6:00 p.m. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning &, Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon Task Force ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI budget process.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development -Preparation -Distribution -Publication -Late Materials. (Clerk's Note: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codify.) -- None Scheduled ITEM N: COUNCIL MEETING OF: d1lo 9 • i I ki 0•►E� smolloVillel 1 Lei 'I II • I Page 1 Of M s V JOHNSON MOORE ELDRIDGE ROSS MOLLOY BOYLE PORTER SMALLEY I I M I s I V I MOORE ELDRIDGE ROSS MOLLOY BOYLE PORTER SMALLEY I I M I s I V I ELDRIDGE ROSS MOLLOY BOYLE PORTER SMALLEY TESTIMONY SIGN -IN SHEET NAME ORGANIZATION RESIDENCE ADDRESS/ � PHONE NUMBER IF CITY .:RESIDENT t..: �,, ^:,. P'✓"d e' � �/r ` /' / a�a ✓ G`4.�^di� ir'u' C lR ry 7l,Pz r%'F/' ^-*' '� lf�iJ �^ r� � �• � rc t F9 2111, tl., f iw"«'C '.Y}� V�i r" 49 e.aw l.f omt, l �mr'Y 5� /r (c) 0.p's � I )/ da Aid ri0�'s, v � ,1 '; kt�wtp cv-, At 9 1 s M I /o ref TESTIMONY SIGN -IN SHEET NAME ORGANIZATION RESIDENCE ADDRESS/ PHONE NUMBER IF CITY RESIDENT �/ �o a A k L--� r Carol Freas From: Barry Eldridge [barry_eldridge@yahoo.com] Sent: Thursday, February 19, 2009 7:41 AM To: Carol Frees Subject: GCI teleconference Hi Carol, Sorry I could not make the connection for the meeting last night, just as I was sitting down to dial in I got hit with a stomach flu and that kept me busy the next couple hours. Hope the meeting went well, see you after the 1st of March. Barry i COUNCIL MEMBER ROBERT MOLLOY IS AT: 5107 W. Cambridge Visalia, California COUNCIL MEMBER BARRY ELDRIDGE IS AT: 241 Fareham Drive Venice, Florida (941) 445-5593 Bob and Barry = Call GCI Teleconference bridge No. 1-800-315-6338; at the prompt, enter 7535 and the # sign. Carol = Call GCI Teleconference Bridge No. 1-800-315-6338; at the prompt, enter 75351#. Carol Freas From: Sent: To: Cc: Subject: Good morning Carol: Bob Molloy [bob@molloyforcouncil.coml Monday, February 02, 2009 9A2 AM Carol Freas Pat Porter Request for Tale Participation 2-18-09 I request to participate by telephone in the Council meeting set for Weds. 2-18-09. I will be out of Alaska at the time. This request is under the Code section that allows telephonic participation for absence other than medical; it is non -medical. I will be in Visalia, California. My cell phone is 252-3834, area code (907). I'm not sure what landline number I will use, if I don't use my cell phone, but I can be reached on my cell phone. I will be out -of -Alaska Thursday 2-12-09 through Sunday 2-22-09. Please let me know if you need any other information from me. Thank you. Bob Molloy cc: Mayor Porter Carol Freas From: Robert Molloy [molloylaw@ak.net] Sent: Monday, February 09, 2009 4:53 PM To: Carol Freas Subject: Re: Teleconferencing February 18, 2009 Council Meeting Hi Carol: I will be at 5107 W. Cambridge, Visalia, California. If you obtain the phone number to call after Weds 2-11-09, then please call me on my cell phone 252-3834 with the phone number to call for the teleconference when you have it. I won't be checking email regularly. Thank you. Bob On Feb 9, 2009, at 4:41 PM, Carol Freas wrote: Good afternoon, In reading email s and minutes, I am aware you both will be teleconferencing in for the February 18, 2009 council meeting. I have attached a copy of KMC 1.15.130 for your information. Because you will both be joining the meeting telephonically and because our equipment can make only one call at a time, I will make arrangements with the GCI Teleconferencing operator for you to contact in order to join the meeting. I will supply you with the phone number for you to call. I will make contact with the operator from this end to join you. Bob, you will need to supply a physical address of where you will be. If you have any questions, please contact/call me. Enjoy the sunshine! Carol Freas From: Barry Eldridge [barry_eldridge@yahoo.com] Sent: Wednesday, February 04, 2009 9:22 PM To: Carol Frees Cc: Patricia Porter Subject: Telephonic participation at next Council meeting Fli Carol, I will be in Florida at the time of the next council meeting and would like to participate on a conference call. I will be staying with Bill Peirce at 241 Fareham Drive, Venice, Florida 34293, telephone number is 941-445- 5593. This absence is non -medical, just to enjoy some sunshine and warmth and to visit family and friends. I do not need a packet as I will get the agenda off the city web site. I will have my cell phone with me but do not intend to use it for the conference call, 907-398-2518. Thank you, Barry Eldridge Carol Freas From: Barry Eldridge (barry_eldridge@yahoo.coml Sent: Monday, February 16, 2009 5:58 AM To: molloylaw@ak.net, Carol Frees Cc: hvsmalley@yahoo.com; cpajoe@altrogco.com; mboyle@alaska.com; kenaimayor10 @msn.com; rossrck@hotmail.com Subject: Re: Teleconference Call Information Hi Carol, Thank you for the info, I do plan to call and participate in the council meeting, weather has been in the 80's in Florida, nice time to thaw out. Blessings, Barry --- On Fri, 2/13/09, Carol Freas <efreas@ei.kenai.ak.us> wrote: From: Carol Freas <cfreas@ci.kenai.ak.us> Subject: Teleconference Call Information To: molloylaw@ak.net, harry_ eldridge@yahoo.com Cc: hvsmalley@yahoo.com, cpajoe@altrogco.com, mboyle@alaska.com, kenaimayorl0@msn.com, rossrck@hotmail.com Date: Friday, February 13, 2009, 2:07 PM Council Members Molloy and Eldridge, You both have requested to join the February 18, 2009 council meeting by teleconference call. Following is the information you will need for dialing in: GCI Teleconference Bridge No. = I-800-315-6338 At the prompt, enter 7535 and the # sign. The call is scheduled for 7:00 p.m. Alaska time. You may call in as early as 6:50 p.m. Alaska Time. If you have any questions, please contact me. Carol Carol L. Frees, City Clerk City of Kenai George H. Plumley Memorial Kenai Post #20 902 Cook Avenue Kenai, AK 99611 Phone: (907) 283-3222 Fax: (907)283-5340 February 18, 2009 Kenai City Council Subject: Proposed Ordinance to ban smoking in bars and private clubs. Big Brother knows best!! Under the guise of concern for the public health, another freedom is being threatened. Kenai Post 20 of the American Legion is an 818 member Veterans group, that has a Private Club situated at 902 Cook St. in Kenai. We were chartered by the National American Legion in 1959, the year Alaska became a state. A good many of our members have fought to protect our democratic freedoms, and many family and friends have died in this cause. We have earned the right to our choice of any and all activities that are within the law. We suggest that if you wish to ban smoking on our premises, you wait until smoking is determined to be illegal. For God and Country, Bob Harrison Adjutant DEAR PATRON: SMOKING IN BARS/ AND PERHAPS EVEN PRIVATE CLUBS, IF YOU COULD TAKE A FEW MINUTES TO FILL THIS OUT FOR US, SO WE MAY KNOW WHAT OUR PATRONS WANT. THANK YOU! 1. ARE YOU A SMOKER? YES / ON�Q 2. ARE YOU A NON/SMOKER? YES / NO 1 3. ARE YOU A SOCIAL SMOKE ES / NO 4. HAVE YOU SMOKED IN THIS BAR BEFORE YES (/ NO 5. HOW OFTEN? 1 k� 11 �t L-yl DA 14 �C�' A �� 6. DO YOU SPEND MORE TIME SITTING %TALKING WHEN SMOKIN4/NO 7. WOULD YOU FEEL SAFE GOING OUTSIDE AT NIGHT TO SMOKE ? YES/ !0 8. WOULD YOU WORRY ABOUT YOU RSONAL SAFETY OR PROPERTY BECAUSE PEOPLE WOULD BE OUTSIDE /NO 9. DO YOU THINK THERE IS A DIFFERENCE BETWEEN BANNING SMOKING IN RE GRANTS AS OPPOSED TO SMOKING IN BARS? Lo rrt ' � ' 1 10, WHAT ARE YOUR THOUGHTS ON BANNING SMOKING IN BARS- ARE YOU 12.X Email ad&res� or address OR I WOULD RATHER REMAIN ANONYMOUS BECAUSE I DO NOT WANT THE CUSTOMER ON . v1G w DEAR PATRON; /��'C����' e I_ SMOKING IN BARS/ AND PERHAPS EVEN PRIVATE CLUBS. IF YOU COULD TAKE A FEW MINUTES TO FILL THIS OUT FOR US, SO WE MAY KNOW WHAT OUR PATRONS WANT. THANK YOU! 1. ARE YOU A SMOKER? YES ,,rr/ NO 2. ARE YOU A NON/SMOKER? jj) / NO 3. ARE YOU A SOCIAL SMOKER? YES / NO 4. HAVE YOU SMOKED IN THIS BAR BEFORE YES / NO 5. HOWOFTEN?ktSL� 6. DO YOU SPEND MORE TIME SITTING (TALKING WHEN SMOKING? YES' NO 7. WOULD YOU FEEL SAFE GOING OUTSIDE AT NIGHT TO SMOKE ? YES N S. WOULD YOU WORRY ABOUT YOUR PERSONAL SAFETY OR PROPERTY BECAUSE PEOPLE WOULD BE OUTSIDE . YES NO 9. ► • YOU DIFFERENCE BETWEEN BANNING SMOKING RESTUARANTS AS OPPOSED TO SMOKING IN BARS? 10. 5a zu�E �t i WHAT ARE YOUR THOUGHTS ON BANNING SMOKING IN BARS- ARE YOU ' nD A C A TAIC"r TT Ahfn 11. 1AA t L 12. i 6 ° 00>4 yul t' k�i<i AI lF� Email address or mailing address OR I WOULD RATHER REMAIN ANONYMOUS BECAUSE I DO NOT WANT THE MUNICIPALITY KNOWING MY SMOKING OR BAR HABITS, HOWEVER I HEREBY ACKN LEWEDGE I AM A PAYING CUSTOMER ON THIS Lk -A r6,& 20091 INITIALS 011,& r�1-7)I A.-' DEAR PATRON: SMOKING IN BARS/ AND PERHAPS EVEN PRIVATE CLUBS. IF YOU COULD TAKE A FEW MINUTES TO FILL THIS OUT FOR US, SO WE MAY KNOW WHAT OUR PATRONS WANT. THANK YOU! 1. ARE YOU A SMOKER? YE / NO 2. ARE YOU A NON/SMOKER? YES / ' OO) 3. ARE YOU A SOCIAL SMOKER? YES 4. HAVE YOU SMOKED IN THIS BAR BEFORE? E� / NO 1' 5. HOW OFTEN? 6. DO YOU SPEND MORE TIME SITTING /TALKING WHEN SMOKING? ES 0 7. WOULD YOU FEEL SAFE GOING OUTSIDE AT NIGHT TO SMOKE ? O/NO 9. DO YOU THINK THERE IS A DIFFERENCE BETWEEN BANNING SMOKING IN RESTUARANTS AS OPPOSED TO SMOKING IN BARS? 10. WHAT ARE YOUR THOUGHTS ON BANNING SMOKING IN BARS- ARE YOU FOR IT OR AGAINST IT AND 12. NAME�C %✓ts�`1�%%�dG�� lf`�/J Email address or mailing address OR I WOULD RATHER REMAIN ANONYMOUS BECAUSE I DO NOT WANT THE MUNICIPALITY KNOWING MY SMOKING OR BAR HABITS, 2 HOWEVER I HEREBY ACKNOLEVjd E I AM A PAYING CUSTOMER ON THIS a2 4 , 2009, IN 4IT1G IS AGENDA / KENAI CITY COUNCIL— REGULAR MEETING �%:.' FEBRUARY 18, 2009 \ ..n 7A0 P.M. XFIW PIASYP ✓ KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2381-2009 -- Amending the Development Requirements Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). 2. Resolution No. 2009-03 -- Approving Nominations for Projects for the 2010-2013 Statewide Transportation Improvement Program (STIP). 3. *LIQUOR LICENSE RENEWAL -- Roy Dale Howard d/b/a Kenai Joe's #626/Beverage Dispensary. ITEM G: UNFINISHED BUSINESS •- None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15000. 3, *Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. 4. *Ordinance No. 2383-2009 -- Increasing Estimated Revenues and Appropriations by $54,230 in the Airport Fund Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 5. *Ordinance No. 2384-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2342-2008 by $63,609 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 6. *Ordinance No. 2385-2009 -- Increasing Estimated Revenues and Appropriations by $22,973 in the Airport Fund and by $918,899 in the Airport Equipment Capital Project Fund for the Purchase of an Aircraft Rescue and Fire Fighting (ARFF) Truck. 7. *Ordinance No. 2386-2009 -- Increasing Estimated Revenues and Appropriations by $740,832 in the Runway Improvement Capital Project Fund for Phase A of the Airport Apron Pavement Rehabilitation Project. 8. *Ordinance No. 2387-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2341-2008 by $179,004 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Apron Pavement Rehabilitation Project. 9. *Ordinance No. 2388-2009 -- Amending KMC 7.15.060 to Allow Surplus or Obsolete Supplies, Materials or Equipment to be Sold by Internet Bidding Process or by a Broker When the Council Determines it is in the Best Interest of the City. 10. *Ordinance No. 2389-2009 — Amending KMC 14.20.260 to Better Provide for Enforcement for Violations of the Kenai City Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment. 11. Approval -- Consent to Security Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4/Pingo Properties, Inc. & Geoffrey M. Graves, Individually. 12. Discussion -- Scheduling work sessions/COLA discussion and budget reviews. EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our websife at http.1/www.ci.kenai.ak. us. Carol L. Freas, City Clerk D/211 • 1,41 �•- NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of February 18, 2009. Ordinance No. 2381-2009 -- Amending the Development Requirements Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). Resolution No. 2009-03 -- Approving Nominations for Projects for the 2010-2013 Statewide Transportation Improvement Program (STIP). *LIQUOR LICENSE RENEWAL -- Roy Dale Howard d/b/a Kenai Joe's #626/Beverage Dispensary. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances may be amended by the Council prior to adoption without further public notice. Carol L. FrQas Kenai City Clerk Posted: F@lruary 13, 2009 � =x COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Ma or/Council Attorne Ta for/Flo d Clerk Police Department City Mana er Finance Kebschull/Carver Ole Senior Center Airport -Kim Library (2) X 1 Parks & Recreation Clarion Fire De artment Schmidt Mellish Student Re . KSRM AGENDA DISTRIBUTION Sewer Treatment Plant Streets 11�" ShoB Dock 7. Buildin2 Maintenance Animal Control Water/Sewer 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 as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. / AMERICAN LUNG ASSOCIATION, «A�9, ! Learn/. Kaska » y = » §#° \ »°,\ «■ «< k "[7)he right of smokers to smoke ends where their behavior affects the health and well-being of others; furthermore, it is the smokers' responsibility to ensure that they do not expose nonsmokers...." U.S. Surgeon General C. Everett Koop (1986) Summary 3 Secondhand smoke is a leading cause of preventable death 4 Immediate and long-term health harms from secondhand smoke 4 Ventilation does not protect health 5 Smokefree indoor air laws reduce heart attacks and save lives 6 Support for smokefree indoor air laws 6 Economic effect of smokefree indoor air laws 7 The question of `rights" — the choice to smoke vs. the need to breathe 8 Appendix A: Ventilation, Air Filtration & Secondhand Smoke 2 "The debate is over. The science is clear. Secondhand smoke is not a mere annoyance, but a serious health hazard that causes premature death and disease in children and non-smoking adults." U.S. Surgeon Richard Carmona (2006) Summary Secondhand smoke is a leading cause of preventable death. Each year in the United States, tens of thousands of non-smokers die as result of secondhand smoke -caused heart disease and lung cancer. The first U.S. Surgeon General's report devoted entirely to the health harms of secondhand tobacco smoke was published in 1986. Over the following two decades, additional research by numerous scientific authorities has confirmed secondhand tobacco smoke as a major cause of needless disease and death among non -smokers - The U.S. Surgeon General (2006) has determined that: ➢ exposure to secondhand smoke has both immediate (acute) and long-term (chronic) adverse health impacts; only strong smokefree indoor air policies can reliably protect workers and non-smokers from the disease and premature death caused by secondhand smoke; ➢ separating smokers from non-smokers, cleaning the air and ventilation cannot effectively control secondhand smoke exposure; ➢ workers in restaurants and bars are an especially vulnerable population likely to be exposed to high levels of secondhand smoke on the job; and ➢ smokefree workplace policies have been implemented widely in local communities, states and nations without adverse economic impact to the hospitality industry. Smokefree indoor air policies including restaurants and bars have been adopted in hundreds of communities throughout the United States since the 1970's. Comprehensive smokefree indoor air laws including restaurants and bars have now been enacted by 24 states as well as a substantial number of entire countries. A large body of research now documents that implementation of smokefree indoor air policies protects non-smokers, substantially reduces the incidence of heart attacks in communities where smokefree laws are implemented and improves the health of workers who would otherwise be exposed to secondhand smoke. Secondhand smoke is a leading cause of preventable death The chronic and lethal health harms caused by secondhand smoke have been extensively documented by numerous scientific and public health authorities including, but not limited to, the U.S. Surgeon General'•2, U.S. Environmental Protection Agency3, National Research Council4,5, California Environmental Protection Agency5, National Toxicology Program', and Alaska Department of Health and Social Services.8 The most authoritative report on the health harms of secondhand smoke was released in June 2006 by U.S. Surgeon General Richard Carmona. As reported by the Surgeon General, each year approximately 50,000 non-smokers are killed in the U.S. from exposure to secondhand smoke, primarily due to heart disease and lung cancer. Workers in hospitality establishments such as restaurants and bars where smoking is allowed are an especially vulnerable population. Secondhand smoke is a leading cause of preventable death. The Alaska Department of Health and Social Services reports there are approximately 120 secondhand smoke - caused deaths in Alaska each year, more than motor vehicle deaths and about three times as many as homicide.9 Immediate and long-term health harms from secondhand smoke While many people think only of the long-term harm caused by secondhand smoke (e.g., lung cancer), even short-term exposure can have serious adverse health effects. A case study published in the American Journal of Industrial Medicine (2008) documented secondhand smoke as the cause of death when a young adult asthmatic waitress suddenly collapsed and died at the bar where she was working.tO As reported by the U.S. Surgeon General (2006), cardiovascular and coronary_ heart damage from secondhand smoke is a particular concern: "Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease...."" Even brief exposure to secondhand smoke causes blood and blood vessels to react in ways similar to that observed in chronic, long-term smokers.12 Exposure to secondhand smoke activates blood platelets, causing them to stick together, increasing the likelihood of a blood clot. A blood clot in the heart can cause a heart attack; in the brain, a blood clot can result in a stroke. Secondhand smoke also damages the lining of blood vessels, impairing the ability of the vessels to dilate and constrict as the heart regulates blood flow. Just 30 minutes of exposure to secondhand smoke ("passive smoking") rapidly impairs vascular endothelial function.13," Because of these effects on the blood and blood vessels, when exposed to secondhand smoke, someone at risk of a heart attack will be more likely to have a heart attack."-" A scientific literature review published in Circulation, the Journal of the American Heart Association, regarding research into mechanistic effects of secondhand smoke on the cardiovascular system compared the effects of secondhand smoke with the effects of active smoking." The study concluded that the health impacts of secondhand smoke exposure are both substantial and rapid: the effects of even brief (minutes to hours) passive smoking are often nearly as large (averaging 80% to 90%) as chronic active smoking ➢ exposure to secondhand smoke increases the risk of coronary heart disease by approximately 30% 9 the cardiovascular system (platelet and endothelial function, arterial stiffness, atherosclerosis, oxidative stress, inflammation, heart rate variability, energy metabolism, and increased infarct size) is extremely sensitive to the toxins in secondhand smoke In addition to causing immediate and long-term damage to the cardiovascular system, secondhand smoke causes lung cancer and nasal sinus cancer. The California Environmental Protection Agency has identified secondhand smoke is a cause of breast cancer in younger, primarily pre -menopausal women.18 Secondhand smoke is a mixture of thousands of chemicals including 69 known or probable carcinogens.t9 There is no safe level of exposure to the many carcinogens in secondhand smoke. Ventilation does not protect health The 2006 U.S. Surgeon General's Report comprehensively examined all means of controlling secondhand smoke, finding that "neither central heating, ventilating and air conditioning systems nor separately ventilated rooms" can effectively control exposures to secondhand smoke.20 The U.S. Surgeon General concluded: "On the basis of this review, it is clear that banning smoking from the workplace is the only effective way to ensure that exposures are not occurring. Despite reductions in workplace smoking, significant worker safety issues remain that only smoking bans can address. ,21 The American Society of Heating, Refrigerating and Air -Conditioning Engineers (ASHRAE), the national industry standard -setting body, also supports smokefree indoor air policies as "the only means of effectively eliminating health risk" associated with indoor exposure is to ban smoking activity. 2 ASHRAE's official position: 'Because ofASHRAE's mission to act for the benefit of the public, it encourages elimination of smoking in the indoor environment ,, 23 The manufacturers of ventilation and air filtration systems, as well as Philip Morris, have acknowledged that ventilation systems and air filtration systems do not effectively protect against health harms (Appendix A). Even ventilation systems designed under ideal laboratory conditions have had documented difficulty containing secondhand smoke, resulting in smoke "spillage" that does not assure health protection. As reported by the U.S. Surgeon General: "Establishing smoke -free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace.... Exposures of nonsmokers to secondhand smoke cannot be controlled by air cleaning or mechanical air exchange. „ 24 Smokefree indoor air laws reduce heart attacks and save lives Smokefree indoor air laws save lives. implementation of comprehensive clean indoor air laws has been shown to significantly reduce the incidence of heart attacks (myocardial infarction). A 2005 study in Pueblo, Colorado documented a very substantial decline in the incidence of heart attacks following implementation of a smokefree indoor air law that included restaurants and bars. This research supported similar findings from an earlier study in Helena, Montana after that city's clean indoor air law took effect in 2002. Additional research conducted in Ohio, New York, and Indiana, as well as internationally, in Greece, Germany, Ireland, Scotland and Italy continues to reinforce the finding that clean indoor air laws have an immediate benefit to heart health, significantly reduce hospital admissions for heart attacks, and prevent needless deaths. 26 Table 1. U.S. STATES WITH SMOKEFREE INDOOR AIR LAWS including restaurants and bars Arizona Maine New Mexico California Maryland New York Colorado Massachusetts Ohio Connecticut Minnesota Oregon Delaware Montanan Rhode Island Hawaii Nebraska Utah Illinois New Hampshire Vermont Iowa New Jersey Washington a Smokefree bars effective October 2009 Note: In addition to the 24 states above, Puerto Rico and the District of Columbia have smokefree indoor air laws that include restaurants and bars. Worldwide: Countries with clean indoor air laws that apply to restaurants and bars include Ireland, Italy, Iceland, Scotland, England, Northern Ireland, Wales, Norway, Denmark, Sweden, Finland, France, Slovenia, New Zealand, Bermuda, Uganda, Malta, Uruguay, Hong Kong, Turkey, Iran and Bhutan. Support for smokefree indoor air laws Since the first local smokefree indoor air laws were enacted in the late 1970's hundreds of local communities, 24 states and a growing number of entire countries have enacted strong clean indoor air laws that include restaurants and bars (Table 1). From the pubs of Ireland to the heartland of U.S. tobacco -country in Louisville, Kentucky clean indoor air laws including restaurants and bars have been adopted with broad popular support. 0 Research on public attitudes following implementation of smokefree indoor air laws shows that these policies not only enjoy broad public support but that support for smokefree laws increases over time. ➢ California: In 1998, California implemented the first statewide smokefree indoor air law that applied to bars. Research following implementation of the law has shown that the smokefree bar law had no negative impact on sales.26 Survey research has also documented that public approval of the smokefree bar law has increased over time from a strong majority (59%) to 73%. Following implementation, 32% of respondents reported that that they were more likely to visit smoke -free bars while only 9% indicated the opposite opinion.27 ➢ Ireland: In 2004, the Republic of Ireland became the first country to implement a nationwide smokefree indoor air law that included restaurants and pubs. Research has documented that patronage of pubs in Dublin increased 11 % following implementation of the law 28 while 83% of Irish smokers describe the smokefree indoor air law as a "good" or "very good" thing.29 ➢ Anchorage: In August 2006, the Anchorage Assembly adopted a smokefree indoor air ordinance that applies to all enclosed workplaces including restaurants and bars. A ballot proposition to repeal the ordinance was decisively rejected when 72% of Anchorage voters supported the smokefree indoor air law. The ordinance was implemented July 1, 2007. Survey research nine months following implementation indicates that support for the clean indoor air law is stronger than ever. A random telephone -based opinion survey found that 91 % of respondents agreed that "smokers should 'take it outside' so that others don't have to breathe secondhand smoke." Among smokers, 73% agreed that smokers should "take it outside" The survey also found that approximately one -quarter of smokers (24%) stated they specifically avoid places if they know smoking is allowed.30 Economic effect of smokefree indoor air laws As clean indoor air laws have been implemented in local communities, states and countries around the world, a great number of studies have been conducted to assess the economic effect of these policies. Despite extensive tobacco industry efforts to mislead the public and policymakers, comprehensive review of published peer -reviewed studies based on objective data that appropriately control for other economic variables and trends shows that clean indoor air laws are routinely neutral or positive in effect: "All of the best designed studies report no impact or a positive impact of smokefree restaurant and bar laws on sales and employment. Policymakers can act to protect workers and patrons from the toxins in secondhand smoke confident in rejecting industry claims that there will be an adverse economic impact." 31 This finding was reaffirmed in the 2006 U.S. Surgeon General's report: "Evidence from peer -reviewed studies shows that smoke -free policies and regulations do not have an adverse economic impact on the hospitality industry." 32 7 Research documents that most patrons will continue to visit hospitality establishments as much or more after a smokefree indoor air law takes effect. A 2007 statewide survey asked Alaskans how they would respond if smoking were no longer allowed in bars:33 ➢ 70% of Alaskan adults say they would go out to bars just as often as they did before the smokefree law (i.e., no difference) ➢ 20% of Alaskan adults say they would go out to bars more frequently ➢ 7% of Alaskan adults say they would go out to bars less frequently Among those who may change their patronage behavior, there are typically two -to -three times as many people who will go out more often to visit smoke -free establishments than will go out less often. In fact, clean indoor air laws can be expected to make a communities more attractive to residents as well as visitors. Tim Zagat, of the Zagat Survey, an internationally recognized guide to restaurants, hotels and nightlife worldwide has observed: "fit is clear from our surveys that the vast majority of Americans prefer their restaurants, bars, and clubs to be smoke -free.... Every time the issue comes up, opponents of smoke -free laws argue that these laws would devastate small businesses. The opposite is true." 34 The question of "rights" —the choice to smoke vs. the need to breathe Consideration of smokefree workplace policies alnios> always le8d to diGuu .ion k ,,. the "rights" of smokers. It should be emphasized that a smokefree indoor air policy does not prohibit smoking, only requires that those who choose to smoke do so in a manner that does not harm others. While smoking tobacco products is clearly a legal adult activity, there are many legal aCiS that are inherently dangerous iC.g., drlktFits. ct (ictf Ui mil 11 i.ii � JIVj .. .., — accepted that those engaged in a dangerous activity bear the responsibility to not injure - or kill others. Smokefree indoor air laws recognize that while an individual smoker may by ss„oklt,g, they should not be allowed to injure or kill work tt and others while doing so. As stated by former U.S. Surgeon General C. Everett Keep in 1986 as part of the first Surgeon General's report devoted entirely to the harms caused secondhand smoke: "(Tjhe right of smokers to stroke ends where their behavior affects the health and well-being of others, furthermore, it is the smokers' responsibility to ensure that they do not expose nonsmokers....' 35 Respecting the right of workers and non-smokers to tkreathe air f en of tow na by only smoking outside is consistent with the basic principal that one persor s r eejon-1 should not infringe on the equal freedom of others. Survey research shows that respect fo,r the nnhts of non-smokers to breathe smokefres aiv iG wide:y 4 r'c;Ui"F4Gc 4} even "t2, strong majority of smokers. In Alaska, when asked about personal home smoking policies, 84% of all adults indicate that"smoking is not allowed anywhere inside" their hc11< As,tong sulfaidentified smokers, 82°l° indicate they have a full smoking ban inside their own home.36 0 It has been argued that private businesses should be allowed to do as they please. Because a business is privately owned, however, does not mean that it is exempt from the fundamental responsibility to observe basic worker safety and public health requirements. It is unquestioned that establishments serving food and beverages must comply with fire safety and sanitation requirements in order to protect the health of employees and patrons. Comprehensive smokefree indoor air laws protect everyone's right to breathe clean air while preventing needless disease and death. All employers — regardless of whether the business is a retail shop, a coal mine, or a chemical plant — have the same basic responsibility to ensure that workers are not needlessly injured or killed. Smoking in enclosed workplaces causes tens of thousands of deaths that can be prevented by having those who wish to smoke do so outside. Smokefree indoor air policies reflect the view that one person's discretionary lifestyle choice should not be allowed to cause other people heart disease, lung cancer or premature death. ' United States Surgeon General. 2006. The Health Consequences of Involuntary Exposure to Tobacco Smoke. United States Department of Health and Human Services; Centers for Disease Control and Prevention. United States Government Printing Office, Washington D.C. 2 United States Surgeon General. 1986. The Health Consequences of involuntary Smoking. United States Department of Health and Human Services, Centers for Disease Control and Prevention. United States Government Printing Office, Washington D.C. 3 U.S. Environmental Protection Agency (EPA). 1992. Respiratory effects of passive smoking: Lung cancer and other disorders. U.S. Government Printing Office, Washington D.C. 4 National Research Council (NRC). 1981. Committee on Indoor Pollutants. Indoor pollutants. National Academy Press, Washington D.C. e National Research Council (NRC). 1986. Committee on Passive Smoking, Environmental Tobacco Smoke: Measuring exposure and assessing health effects. National Academy Press, Washington D.C. 6 California Environmental Protection Agency (Cal EPA). Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant. Executive Summary As Approved by the Scientific Review Panel. June 24, 2005. 7 National Toxicology Program (NTP). 2000. Report on Carcinogens, Ninth Edition. Research Triangle Park, NC: U.S. Department of Health and Human Services (USDHHS). a Peterson, E., at al, Tobacco in the Great Land — A Portrait of Alaska's Leading Cause of Death, Alaska Department of Health and Social Services, 2004. e Alaska Department of Health and Social Services, Seeing It Through: Tobacco Prevention and Control in Alaska, FY 2004 Annual Report. t0 Martha Stanbury, et al., "How Many Deaths Will it Take? A Death From Asthma Associated With Work - Related Environmental Tobacco Smoke," American Journal of Industrial Medicine, Case Report, 51:111- 116 (2008). .© " United States Surgeon General. 2006. The Health Consequences of Involuntary Exposure to Tobacco Smoke. United States Department of Health and Human Services; Centers for Disease Control and Prevention. United States Government Printing Office, Washington D.C. Executive Summary. 12 Secondhand Smoke: What it Means To You. 2006. United States Department of Health and Human Services; Centers for Disease Control and Prevention. t3 Kato at al., Short-term passive smoking causes endothelial dysfunction via oxidative stress in nonsmokers, Canadian Joumal of Physiology and Pharmacology, 2006 May;84(5):523-9. 14 Christian Heiss, at al,, Brief Secondhand Smoke Exposure Depresses Endothelial Progenitor Cells Activity and Endothelial Function: Sustained Vascular Injury and Blunted Nitric Oxide Production, Journal of the American College of Cardiology 51:1760-177, May 6, 2008. 'S Glantz, S. at. al., Cardiovascular Research Institute, University of California San Francisco, California. htt ://wvvw.tobaccoscam.ucsf.edu/Secondhand/Secondhand lid.cfm t 6 Secondhand Smoke: What it Means To You. 2006. United States Department of Health and Human Services; Centers for Disease Control and Prevention. IT Barnoya and Glantz, Cardiovascular effects of secondhand smoke nearly as large as smoking, Circulation, Journal of the American Heart Association, 2005;111:2684-269& 16 California Environmental Protection Agency (Cal EPA). Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant. Executive Summary As Approved by the Scientific Review Panel. June 24, 2005. t9 National Cancer Institute. Risks Associated with Smoking Cigarettes with Low Machine -Measured Yields of Tar and Nicotine. Smoking and Tobacco Control Monograph No. 13. Bethesda, MD: U.S. Department of Health and Human Services, National Institutes of Health, National Cancer Institute, NIH Pub. No, 02-5074, October2001. http://dccps,nci.nih.gov/tcrb/monographs/13/ml3_5.pdf. 20 United States Surgeon General. 2006. The Health Consequences of Involuntary Exposure to Tobacco Smoke. United States Department of Health and Human Services; Centers for Disease Control and Prevention. United States Government Printing Office, Washington D.C. Executive Summary. 21 United States Surgeon General. 2006. The Health Consequences of Involuntary Exposure to Tobacco Smoke. United States Department of Health and Human Services; Centers for Disease Control and Prevention. United States Government Printing Office, Washington D.C. 22 American Society of Heating, Refrigeration, and Air -Conditioning Engineers. Environmental Tobacco Smoke, Position Document approved by ASHRAE Board of Directors, June 2005. 23 American Society of Heating, Refrigeration, and Air -Conditioning Engineers. Environmental Tobacco Smoke, Position Document approved by ASHRAE Board of Directors, June 2005. 24 United States Surgeon General. 2006. The Health Consequences of Involuntary Exposure to Tobacco Smoke. United States Department of Health and Human Services; Centers for Disease Control and Prevention. United States Government Printing Office, Washington D.C. Executive Summary. 26 Americans for Non -Smokers' Rights. For additional information on research concerning secondhand smoke, heart disease and studies documenting the reduction in heart attacks after implementation of clean indoor air laws, see: http://wvm.no-smoke.oraloeithefacts.ohp?id=25 26 Glantz, SA. Effect of smoke -free bar law on bar revenues in California. Tobacco Control. 2000; 9:111-112. 27 Tang et al., Changes in attitudes and patronage behaviors in response to a smoke -free bar law, American Joumal of Public Health, April 2003, Vol 93; No 4. im za "Smoking ban breathes new life into Irish pubs" www.irishpost.co.uk/news/storv/?trs=eymhojsn, The Irish Post. July 12, 2005. 29 Fong et al., Reductions in tobacco smoke pollution and increases in support for smoke -free public places following the implementation of comprehensive smoke -free workplace legislation in the Republic of Ireland: findings from the ITC Ireland/UK survey, Tobacco Control, 2005. 30 Hellenthal & Associates. Anchorage Borough Public Opinion Research Survey, March 14-29, 2008. 31 Scollo, M, at al. "Review of the quality of studies on the economic effects of smoke -free policies on the hospitality industry." Tobacco Control. 2003; 12:13-20. 32 United States Surgeon General. 2006. The Health Consequences of Involuntary Exposure to Tobacco Smoke. United States Department of Health and Human Services; Centers for Disease Control and Prevention. United States Government Printing Office, Washington D.C. Executive Summary. 33 Behavioral Risk Factor Surveillance Survey. Alaska Department of Health and Social Services. 2007. 31 Tim Zagat, "Support for smoking ban", Philadelphia Business Journal, April 28, 2006. 35 US Surgeon General C Everett Koop. 1986. The Health Consequences of Involuntary Smoking. United States Department of Health and Human Services, Centers for Disease Control and Prevention. United States Government Printing Office, Washington D.C. 36 Alaska Tobacco Facts, Alaska Department of Health and Human Services, January 2007 Update. W "It. -.• ♦. •-' ConsequencesThe Health *f Involuntary Exposure to Tobacco Smoke "The debate is over. The science is clear. Secondhand smoke is not a mere .r • r: r childrenin r non-smoking adults." Richard Carmona, MD, MPH, FACS U.S. Surgeon General (2006) places completelyr Michael O. Leavitt Secretary of Health and Human Services (2006) "[S]econdhand smoke kills more than 3,000 adult nonsmokers from lung cancer, approximately 46,000 from coronary heart disease, and an estimated 430 newborns from sudden infant death syndrome." (Foreword, p. i) "[E]xposure to secondhand smoke remains an alarming public health hazard. Approximately 60 percent of nonsmokers in the United States have biologic evidence of exposure to secondhand smoke." (Preface, iii) "Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes heart disease and lung cancer.... The scientific evidence indicates that there is no risk -free level of exposure to secondhand smoke." (ES, p. 9) "Restaurant and bar workers are far less likely than other workers to be protected by smoke -free workplace policies [and] more likely to be exposed to high levels of secondhand smoke on the job ° (p. 599) "The Surgeon General has concluded that smoke -free workplace policies are the only effective way to eliminate secondhand smoke exposure in the workplace. Separating smokers from nonsmokers, cleaning the air and ventilating buildings cannot eliminate exposure," (U.S. Department of Health & Human Services, www.surapgnoeneral.q_ov) "Eliminating smoking in indoor spaces fully protects non-smokers from exposure to secondhand smoke, Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures to secondhand smoke." (ES, p.9) "Establishing smoke -free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace.... Exposures of nonsmokers to secondhand smoke cannot be controlled by air cleaning or mechanical air exchange." (ES, p. 14) "[N]either central heating, ventilating and air conditioning systems nor separately ventilated rooms control exposures to secondhand smoke." (ES, p. 23) "Only policies that (at a minimum) require indoor facilities to be completely smoke - free provide effective protection from secondhand smoke exposure." (Chapter 10, p. 598) "On the basis of this review, it is clear that banning smoking from the workplace is the only effective way to ensure that exposures are not occurring. Despite reductions in workplace smoking, significant worker safety issues remain that only smoking bans can address." (Chapter 10, p. 650) "Evidence from peer -reviewed studies shows that smoke -free policies and regulations do not have an adverse economic impact on the hospitality industry." (ES, p. 14) "No peer -reviewed study using objective indicators such as sales tax revenues and employment levels found an adverse economic impact of smoke -free laws on restaurants and bars." (p. 616) Public Support for Smoking Restrictions "The need for restrictions on smoking in enclosed public places is now widely accepted in the United States. A growing number of communities, counties and states are requiring smoke -free environments for nearly all enclosed public places including all private worksites, restaurants, bars and casinos." (ES, p. 23) "[T]he right of smokers to smoke ends where their behavior affects the health and well-being of others; furthermore, it is the smokers' responsibility to ensure that they do not expose nonsmokers [to the harmful effects of tobacco smoke]." -- U.S. Surgeon General C. Everett Koop (1986) 2006 US Surgeon General's report: http //www cdc govltobacco(sgr/sgr 2006/index htm 02/21/07 updated AN t. ! f Defending your right to breathe smokefree air since 1976 ECONOMIC r[SMOKEFREE STUDIESLAWS:CASE May 2005 All legitimate economic impact studies on business show either no economic effect or a positive one after a smokefree law goes into effect. When the issue of smokefree air arises, the tobacco industry will work hard to create dissent and fear. Their goal is to convince business owners and residents that the sky will fall if a smokefree flaw passes. Since 1987, the tobacco industry and smokefree opponents have consistently claimed that smokefree laws lead to a decrease in business in restaurants, bars, bingo halls, and billiard halls, usually by 20-50%, with an accompanying decrease in employment. These claims are totally unfounded. On the contrary, the number of peer -reviewed economic studies showing that smokefree laws have either no economic effect, or a positive one, continues to mount as more communities pass and implement strong smokefree laws. Going smokefree is good for health and good for business. Period. State ® Florida. An analysis by the University of Florida's Bureau of Economic and Business Research, released in June 2004, found that restaurant sales were up 7 percent one year after state's the smokefree law that made all public places and restaurants 100% smokefree took effect on July 1, 2003,1 a New fork: Contrary to arguments of smokefree opponents that smokefree air puts bars and pubs out of business, there was no reported sharp decline in the number of bars following the law's implementation. In fact, the number of bars in the state increased by 3.5%, from April 2002 to May 2004. New York's comprehensive law took effect on June 23, 2003.2 California: According to the California Board of Equalization, the Golden State's hospitality sector continues to grow since the Californ-ta Clean indoor Air Act was enacted in 1994. Sales tax data show an increase in annual sales from $7.16 billion in 1997 for establishments selling beer and wine to $9.6 billion in 2002. For establishments selling all kinds of alcohol, sales increased from $8.64 billion in 1997 to $11.3 billion in 2002. In 2003, the Board's Employment Development Department reported that the number of individuals employed in California's bars and restaurants had about 200,500 more employees than they did in 1995, before the smokefree policy took effect.3 Delaware: An economic impact study presented at the 2004 American Public Health Association's Public Health and the Environment Conference found that, one year after implementation, Delaware's comprehensive smokefree law "increased state revenue from gaming by $5.7 million. The $5.7 million is equivalent to a 3% increase in state revenue from gaming."4 One year after the state's smokefree law became effective, data showed the number of restaurant, tavern, and taproom licenses in Delaware had increased from 3,291in November 2002 to 3,323 in October of 2003. Employment within the hospitality industry increased, as well, from 27,900 individuals employed in food service and drinking establishments in September 2002 to 28,100 in September 2003.5 2530 San Pablo Avenue, Suite J a Berkeley, California 94702 e (510) 841-30321 FAX (510) 841-3071 www.no-smoke.org a am@no-smoke.org ® Massachusetts: A Harvard School of Public Health report found that the Massachusetts Smoke -Free Workplace Law that made all workplaces, including restaurants and bars, 100% smokefree, has not adversely affected statewide meals and alcoholic beverage excise tax collection. In addition, the law has not affected keno sales or the number of those working in hospitality since the law went into effect on July 5, 2004.6 Fayetteville, AR: Fayetteville's economy continued to thrive after the city's 100% smokefree workplace and restaurant law went into effect on March 11, 2004. Employment increased, and 69% of Fayetteville restaurants reported higher sales after the smokefree law went into effect. Same -store sales of Fayetteville restaurants, open for at least a year, increased by roughly 6 percent, the best growth rate since 2001.7 Lexington, ICY: Business in Lexington -Fayette County's bars and restaurants has remained stable since the city's comprehensive smokefree law, which made restaurants, bars, pool halls, and bingo parlors 100% smokefree, went into effect on April 27, 2004. A University of Kentucky conducted study found that, since the smokefree law went into effect, restaurant employment increased, while the number of bar employees remained the same; and the number of licensed restaurants and bars opening and closing has remained stable, as well.8 • El Paso, TX: In 2004, the U.S. Centers for Disease Control and Prevention (CDC) published the results of a study that found no decline in total restaurant or bar revenues occurred in El Paso, Texas after the city's smokefree law was implemented on January 2, 2002.9 Dallas, TX: In October 2004, the Dallas Restaurant Association commissioned a study by Clower and Weinstein, which claims that Dallas' 100% smokefree restaurant ordinance had a negative economic impact. A critique of the research methods used by Clower and Weinsten found "significant flaws regarding the study design and conclusions." In fact, an evaluation of Dallas sales tax receipts found that there were no statistically significant changes in hospitality revenue trends since the ordinance's implementation. The evaluation also found there to be an increased number of restaurant and bars in Dallas. This trend continues on after the smokefree law went into effect. The Clower and Weinstein study was used to dissuade the Houston City Council from adopting a 100% smokefree ordinance. Advocates need to be aware of the study and the critique, in order to counter it should it appear in their area.10 ® Albuquerque, NM: Ninety-six percent of surveyed businesses reported that Albuquerque's 1.00% smokefree restaurant law has had no effect on business, with 97% of their customers responding positively to smokefree dining. According to the University of New Mexico Bureau of Business and Economic Research, restaurants saw a 6.54% increase in gross receipts for the 2004 fiscal year." • New York City: Business is booming in New York City's bars and restaurants with tax receipts up 12% since the introduction and enactment of the city's Smoke -Free Indoor Air law in March 2003. Figures from the city's Department of Finance show $12 million paid in taxes from bars and restaurants from April through September of 2003, compared to $10.8 million in 2002. Department of Finance Commissioner, Martha E. Stark said one early economic trend was encouraging since the policy was introduced last March: "New York's bars and restaurants paid the city 12% more in business taxes in the months since the ban began than they did in the corresponding six-month period in 2002." In addition, a 2003 New York City Department of Health and Mental Hygiene study designed to measure the ordinance's effect on employment rates in smokefree establishments, found a gain of 10,000 jobs since the implementation of the smokefree air act. 12 Minot, ND: After analyzing six years of data collected by the Office of the North Dakota Tax Commission, a study conducted by the Minot State University College of Business and the North Dakota Center for Persons with Disabilities, found "no adverse change in restaurant sales because of [Minot's] restaurant no -smoking ordinance," which went into effect on January 1, 2002. Data was collected from the first quarter of 1997 through the fourth quarter of 2002, and figures were analyzed using linear regression analysis — a statistical teehnir ue that adjusts for normal fluctuations in sales due to economic trends and seasonal patterns.1 Fort Wayne, IN: Hudson. Institute Fellow, William Styring, investigated the impact of a 1998 smokefree law on restaurant revenues in Fort Wayne. Sales tax data was collected between 1987 (twelve years before the ordinance was enacted) and 2000 (two years after the ordinance was enacted). No statistically significant variation in revenues was found.14 a Boulder, CO: According to GASP (Group to Alleviate Smoking Pollution) of Colorado, sales tax revenues continued to grow in Boulder after the passage of the smokefree restaurant ordinance in 1995. Revenues from January through October of 1997 were up 3.14%, 1998 revenues were up 4.83%, and 1999 revenues were up 4.31 %. The Boulder city finance department referred to the 1999 restaurant sales as a positive "strength."' 5 Corvallis, OR: A July 1998 smokefree law in Corvallis bars did not harm business, concluded a study conducted by the Pacific Research Institute in Eugene. Sales data was collected from September 1997 through September 1999 and compared to data collected in nearby communities where similar smokefree laws were not in place. Researchers concluded that smokers did not abandon Corvallis bars and restaurants, and that revenues from the nonsmoking majority replaced any loss of business from smokers. Furthermore, Corvallis showed no decline in malt beverage sales relative to surrounding Communities.16 Flagstaff, AZ: A study conducted by researchers at Northern Arizona University found that Flagstaff s smokefree restaurant ordinance had no adverse effect on restaurant sales, as measured by tax data from January 1, 1990 (3.5 years before the enactment of the smokefree ordinance) to December 31, 1994 (1.5 years after enactment). Using four different methods of analysis, the study compared Flagstaff restaurant and retail sales with sales in two similar Arizona cities, three counties, and the entire state of Arizona.17 ® Beverly Bills and Bellflower, CA: The California cities of Beverly Hills and Bellflower repealed their smokefree restaurant ordinances following opposition organized by the tobacco industry. Studies have since shown that, contrary to tobacco industry claims, there was no detectable drop in restaurant sales during the time the ordinances were in effect, nor was there an increase in restaurant sales following reversal of the 100% smokefree ordinances.18,19,20 International British Columbia, Canada: On January 1, 2000, the Workers' Compensation Board (WCB) of British Columbia amended its workplace smoking laws to include the hospitality industry. The following March, the amendment was overturned in court pending further public consultations. A study conducted by pacific Analytics Inc analyzed both the real (two month) and potential economic impact of the amendment at the request of the WCB. Researchers concluded that the amendment would have had no long-term impact on employment or restaurant sales. A new amendment prohibiting smoking in all hospitality and entertainment facilities went into effect in April 2002.2i © Americans for Nonsmokers' Rights, revised 2002, 2004, 2005. ' Dai, C., et at, "The Economic Impact of Florida's Smoke -free Workplace Law," Bureau of Economic and Business Research, Warrington College of Business Administration, University of Florida, June 25, 2004. Download at http://www tobaecoscam ucsf edu/ndf/109-Florida+EConomlc+Imnaet+Final+Report pdf. 2 RTI International, "First Annual Independent Evaluation of New York's Tobacco Control Program," New York State Department of Health, November 2004. Accessed on November 29, 2004. Download at http://www.healtli.st,,it .its/nvsdoh/tobacco/reports/docshi e eynl report final 11-Ie-04ndf. s California State Board of Equalization: California Department of Health Services, Tobacco Control Section, November 2002; State of California, Employment Development Department, Labor Force Statistics, November 2003. ° Alamar, B., et al., "Effects of a smokefree ordinance on Delaware gaming revenue," American Public Health Association, November 9, 2004. Download at http '/apha confex eomrapha/132amftecharo, ramFpape 82919 htm [n.a.], "Delaware's Clean Indoor Air Act: The I" Anniversary Story. " Delaware Division nfPubtic, Health and Delaware Division of Revenue, 2004. 'Connolly, G.N.; Carpenter, C.; Alpert, H.R.; Skeet, M.; Travers, M., "Evaluation of the Massachusetts Smoke -Free Workplace Law: a preliminary report"Division ofPubllc Health Practice, Harvard School of Public Health, Tobacco Research Program, April 4, 2005. Download at to httn.:'%' v Nx7w! sph.hart7ard.eddu ph /ffi°tcgp'Smoke-free Workplace nd£. ' [n.aj, "Assessing the Economic Impact of the Fayetteville, Arkansas Smoking Ban," Center for Business and Economic Research, Sam M. Walton School of Business, University of Arkansas, May 2005. ' Hahn, E., et al., "UK Study: No Significant Economic Impact from Smoke -free Law on Fayette County Restaurant and Bar Business," University of Kentucky, April 18, 2005. Download at hitp./Jss .me_ni v edu TbbaccoPo�ic�NewRelease.HTM and httr:/Iwww no-sauake.or�Idac UKeeonstudv doe. 9 [n.a.], "Impact of a smoking ban on restaurant and bar revenues - EI Paso, Texas, 2002," Morbidity and Mortality Weekly Report 53(7): 1 So-152, February 27, 2004. 0 Huang, P., "Comments on the Weinste n and Clower Study," Texas Department of State Health Services, [n.d.]. Download at hs�t r:,r;�vtiv°.no-smo€;e orardoe!c4aweruesnstein.dec. "Shope, T_, "Poll: Revenues up since smoke bur," The Albarguergue Trihune, February 14, 2005. Accessed on March 16, 2005. Downloaded at htto 1/u e v.aE cttrib.camr'albgiuw local? rticle 0 Sb4 ALBp 19858 ' 546849 001itim. Shanahan, C., "New York bars and restaurants `not hit by smoking ban"' Irish Examiner, January 7, 2004; New York City Department of Health and Mental. Hygiene, "Initial effects of New York City smoking ordinance," July 23, 2003. 13 Moseley, F.; Buettner -Schmidt, K., "The Economic Impact of Minot's Smoke -Free Restaurant Ordinance," Minot, North Dakota: Minot State University, College of Business & ND Center for Persons with Disability, June 5, 2003. 14 Styring, "A Study of the Fort Wayne (IN) Restaurant Smoking Ban: Has it Impacted the Restaurant Business?" May 2001. " [n.a.], "Boulder's Smoke -Free Ordinance Makes Good Cents for Restaurants and Bars," GASP of Colorado, 2000. 16 Dresser, Boles, Lichtenstein and Strycker, "Multiple Impacts of a Bar Smoking Prohibition Ordinance in Corvallis, Oregon," Pac j4c Research Institute, [n.d.j. " Sciacca and Ratliff, "Prohibiting Smoking in Restaurants: Effects on Restaurant Sales," American.lournal of Health Promotion, 12(3j: 176-184, January/February 1998, 18 Hinderliter, de Llamas and Associates, Glendora, CA, November 8, 1991. 19 G1. and Smith, "Tile Effect of Ordinances Requiring Sniokefree Restaurants on Restaurant Sales," American Journal of Public Health 84;1081-1085, 1994. z [n.a.], "The 30 Percent Myth," Consumer Reports, May 1994. 21 Pacific Analyties hic., "The Economic impacts of the Proposed Amendment to the ETS Regulation," The Workers Compensation Board ofBritish Columbia, February 2001. [FS-03] F-i I i -a"4 a5 t op 4.s oy the T ub,acco Co it j( L..FgB 4-isc.ri.iur "i 8 a r r gg fi y� y .. F l P'q qt. •.s' b £d'" w .Sf 1 !zp t it i 'here €. a; i, No x o4 P $ c p F� E ��� .'�L"5„ l -'t 3 f€ram, r '� ��C • o f • SCiiuf.'n Fa K -afl Introduction Key Points Smoking is the leading cause of preventable death in the United States. More than 12 million premature deaths over the past 40 There is no such thing as years were attributable to smoking. Today, smoking causes 2constitutional°`rightYo ' approximately 438,000 deaths each year and results in over $167 smoke," since the U.S. billion in annual health -related economic losses2 Smoking Constitution does not not only injures nearly every organ of the smoker's body,' but extend special protection it inflicts considerable damage on nonsmokers. Exposure to to smokers. secondhand smoke is estimated to kill approximately 50,000 non-smokers in the United States each year.° Smoking is not a specially ' In an attempt to limitthe extraordinary harm thattobaeco smoke protected liberty right inflicts on individuals and communities, advocates across the under the Due Process country are supporting enactment of state and local smoke -free Clause of the Constitution. laws. These advocates have seen their efforts rewarded with The fundamental right to a wave of state and local workplace restrictions that prohibit privacy does not apply to smoking in offices, restaurants and bars' Moreover, various smoking.: cities have passed smoking restrictions that cover targeted locations, such as playgrounds, parks, beaches, and public Smokers are not a transit vehicles.' in addition, some local government agencies, speciallyprotected such as police and fire departments, have adopted policies category of people under afe oryofpeo requiring job applicants or employees to refrain from smoking the Equal Protection both on and off the job.' Advocates promoting smoke -free ..l,* legis32Lion often encounter YLLV 1<kG tHe lnlmlU$ Clause ofthe Constitution. legal -sounding argument: "You are trampling on my right to smoke." The purpose of this law synopsis is to debunk the Since the Constitution argument that smokers have a special legal right to smoke. does not extend special protection to smokers, If there were a legal justification for a special right to smoke, smoke -free legislations it would come from the U.S. Constitution.' The Constitution need only be "rationally lays out a set of civil rights that are specially protected, in that related to a legitimate they generally cannot be abrogated by federal, state, county government goal," and municipal laws. Section I of this law synopsis explains that neither the Due: Process Clause nor the Equal Protection` clause of the Constitution. creates aright to smoke, As a result,Because there is no the Constitution leaves the door wide open for smoke -free laws specially protected right and other tobacco -related laws that are rationally related to a to smoke, tobacco control legitimate government goal. Section II highlights two types of advocates can work to state haws that may create a limited right to smoke. Section 11 amend or repeal state Taws shows that in the absence of a constitutionally protected right that stand in the way of to smoke, advocates can seek to amend or repeal these laws, tobacco control efforts: thus taking away any safeguards the laws afford to smokers. Section1 Constitutional rights are specially protected, so that laws generally cannot take them away. If a law appears to interfere with a constitutional right, those whose rights are affected can challenge that law in court. A court will invalidate the law if it finds that the law improperly treads on a constitutional right. Constitutional rights include the right to freedom of speech,' freedom of religion," due process of law," and equal protection under the law.12 The Constitution does not explicitly mention smoking. Therefore, ifthere were a constitutional rightto smoke, it would have to fall under the umbrella of one of the recognized constitutional rights.: People who claim a right to smoke usually, rely on one of two arguments: (1) that smoking is -a personal liberty specially protected by the Due Process Clause,1' or (2) that the Equal Protection Clause'^ extends special protection to smokers as a group. „This section explains that neitherof these claims is legally valid. Sincesmoking is not a specially protected constitutional right, the Constitution does not bar the passage of local, state, or federal smoke -free laws and other restrictions on smoking. Smoking Is Not a Specially Protected Liberty or Privacy Right justification, a court will look at the individual and governmental interests at stake. The criteria a court uses become more demanding as the individual interest at stake becomes more substantial. In most cases, courts require that a law be "rationally related" to a "legitimate" government goal.16 This requirement sets a very low bar for the government: a law will be considered constitutional so long as the law is not completely irrationalor arbitrary." In some special cases, however, courts set a much higher bar for the government. This happens when a law restricts a type of liberty that is specially protected by the Constitution. Very few types of liberty are specially protected by the Constitution. The "fundamental right to privacy" is one category of liberty that does receive special constitutional protection.18 Smokers' rights proponents latch onto this fundamental rightto privacy, arguing that smoking is a private choice about which the government should have no say. However, the U.S. ` Supreme Court has held only that the fundamental right to privacy- relates to an individual's decisions about reproduction and family relationships. Activities that are specially protected wider the fundamental right to privacy include marriage, procreation, abortion, contraception, and the raising and educating of children.19 The fundamental right to privacy does not include smoking. In the words of one court, "There is no more a fundamental right to smoke cigarettes than there is to shoot up or snort heroin or cocaine or run a red-light "20 Proponents of smokers' rights often claim that the government should not be able to pass smoke -free It is worth noting that in addition to the U.S. laws because smoking is a personal choice that falls Constitution, most state constitutions include under the constitutional right to liberty. However, the, a fundamental right to privacy. In some state constitutional right to liberty does not shield smokers` constitutions„ the fundamental right to privacy is from smoke -free legislation. The Due Process Clause of the Constitution prohibits the government from depriving individuals of liberty without "due process of law."15 This means that a legislative body must have an adequate justification: for passing a law that affects someone's' liberty. So, for example, a smoker might challenge a smoke -free workplace law in court if she believes that the law violates the Due Process Clause because it takes away her liberty by stopping her from smoking at work without an adequate justification. To assess whether a given law is based on an adequate broader than that in the U.S. Constitution?` However, a thorough search of case law reveals no current court decision holding that smoking falls within a state constitution's fundamental right to privacy. In fact, several courts have specifically ruled that smoking does not fall under a federal and/or state constitutional right to privacy --even where smoking in private is concerned. For example, in a'1987 Oklahoma case, a federal appellate court considered an Oklahoma City fire department regulation requiring trainees to refrain from cigarette smoking at all times 22 The lawsuit arose because a trainee took three puffs frorn a cigarette during an off -duty lunch break, and he was fired that afternoon for violating the non-smoking rule 2' The trainee sued, asserting that "although there is no specific constitutional right to smoke, it is implicit [in the Constitution] that he has a right of liberty or privacy in the conduct of his private life, a right to be let alone, which includes the right to smoke.",' The court disagreed and distinguished smoking from the specially protected constitutional privacy rights Since smoking is not a fundamental privacy right, the court ruled that the regulation could remain on the books since it was rationally related to the legitimate government goal of maintaining a healthy firefighting force. Similarly, in 1995, a;;Florida -courtconsidered a North Miami city regulation requiring applicants for municipal jobs to certify in writing that they had not used tobacco in the preceding year.'' The regulation was challenged in, court by an annlicant for a clerk - typist position who was removed from the pool of candidates because she was a smoker' She claimed that the regulation violated her right to privacy under the federal and state constitutions? The court found that "the right to smoke' is not included within the penumbra of fundamental rights" specially protected by the U.S. Constitution.29 The court also found that, although the fundamental right to privacy in the Florida constitution covers more activities than the fundamental right to privacy in the U.S. Constitution, a job applicant's smoking habits are not among the activities specially protected by the state constitution's privacy provision.'" The court ultimately upheld the city regulation because it was rationally related to the legitimate government goal of reducing health insurance costs and increasing productivity. In a 2002 Ohio case involving custody and visitation of an eight -year -old girl, the court banned the girl's parents from smoking in her presence." The court listed pages of evidence about the harms of secondhand smoke, citing hundreds of articles and reports. The court proceeded to hold that smoking is not a specially protected constitutional right and that the fundamental right to privacy "does not include the right to inflict health -destructive secondhand smoke upon other persons, especially children who have no choice in the matter."'2 Smokers Are ` Specially *. Category of People Under the Equal Protection Clause The second constitutional claim frequently made by proponents of smokers' rights is that smoke -free laws discriminate against smokers as a group in violation of the Equal Protection Clause of the Constitution. No court has been persuaded by this claim. The Equal Protection Clause guarantees that people are entitled to `equal protection of the laws."" The U.S. Supreme Court has interpreted this to mean that the government cannot pass laws that treat one category of people differently from another category of people without an adequate justification. So, for example, a smoker might bring a lawsuit if he believes that a smoke-fi•ee workplace law violates the Equal Protection Clause because the law discriminates against smokers and in favor of nonsmokers without an adequate justification. In most instances, courts require that a discriminatory F law be "rationally related" to a `legitimate" government goal.34 This requirement is very easy for the government to meet, since a discriminatory law will be upheld so long as it is not totally irrational or arbitrary. In a certain set of cases, however, a court will apply a much stricter requirement. This happens when a law discriminates against a category of people that is entitled to special protection. Tile Equal Protection Clause gives special protection to very few categories of people. In fact, it only extends special protection to groups based on race, national origin, ethnicity, gender, and (historically) illegitimacy.35 The groups that receive special protection share "an immutable characteristic determined solely by the accident of Birth:"1e Because of this special protection; a law is gkely to violate the Constitution if it discriminates against a category of people based on race, national origin, ethnicity, gender, or illegitimacy" Some people argue that smokers make up a category that deserves special protection against discriminatory laws that restrict their ability to smoke at a time and place of their choosing. However, smokers are not a speciallyprotected group under the Constitution. Smoking is not an "immutable characteristic" because people are not born smokers and smoking, while addictive, is 'still a behavior that people can stop. Since smokers are not a specially protected group, a smoke -free law that "discriminates" against smokers will not violate the Equal Protection Clause so long as the law is rationally related to a legitimate government goal.38 Most state constitutions contain an equal protection clause that mirrors the Equal Protection Clause of the U.S. Constitution. Therefore, smokers' rights proponents who challenge a "discriminatory law" limiting smoking also are unlikely to convince a court that smokers deserve special protection under a state equal protection clause. A 20P4'New York case illustrates how courts react negatively to smokers' claims that they are a specially protected group under the Equal Protection Clause.39 New York City and New York State enacted laws prohibiting smoking in most indoor places in order to protect citizens from the well -documented harmful effects of secondhand smoke. The challenger argued that the smoking bans violated the Equal Protection Clause because they cast smokers as "social lepers by, in effect, classifying smokers as second class citizens.i40 The court responded that "the mere fact that the smoking bans single out and place burdens on smokers as a group does not, by itself, offend the Equal Protection Clause because there is no ... basis upon which to grant smokers the status of [a specially protected group]."" The court upheld the city and state smoking bans since they were rationally related to the legitimate government goal of protecting the public health. In a 1986 Wisconsin case, a court considered an equal protection challenge to the newly -enacted state Clean Indoor Air Act," The Clean Indoor Air Act prohibited smoking in government buildings with the exception of designated .smoking areas. A government employee sued, arguing that it would violate the Equal Protection Clause for his employer to discipline him and his fellow smokers for smoking on the job. Since smokers are not a specially protected category, the court noted that "any reasonable basis for [distinguishing smokers from nonsmokers] will validate the statute. Equal protection of the law is denied only where the legislature has made irrational or arbitrary [distinctions]."" The court upheld the Clean Indoor Air Act, finding it was rationally related to the legitimate government goals of minimizing the health and safety risks of smoking. Smokers are not specially --protected , by She Constitution, A law that restricts smoking will not violate the Constitution so long as it is 'rationally related to a legitimate government goal. Courts are likely to uphold most smoke -free laws against due process and equal protection challenges, as long as these laws are enacted to further the legitimate government goal of protecting the public health by minimizing the dangers of tobacco smoke. The objective of this law synopsis is to clarify that there is no such thing as a constitutional right to smoke. The Constitution does not stand in the way of state or local laws limiting the ability of citizens to light up at a time and place of their choosing. The Constitution, however, is not the end of the story. Certain laws can create barriers to the enactment of new, smoke -free legislation. At least two types of state laws can impede a comprehensive smoke -free agenda. These laws afford a limited right to smoke under certain circumstances unless and until the laws are amended or repealed. Often, the greatest barrier to a smoke -free agenda is a state law that preempts local governments in the state from passing legislation that goes farther than the state in restricting smoking. The tobacco industry has lobbied hard for state preemption of local smoke - free laws because it is much easier for the tobacco industry to wield influence with state legislatures than with locally elected officials.44 Such preemptive state laws can be and fi-equently are loophole -ridden or otherwise ineffective at protecting the public from exposure to secondhand smoke.`s Currently, thirty-one states have laws that eithertotally or partially preempt local smoke -free legislation44 In those states, there is no constitutional right to smoke. However, unless and until the preemptive state laws are amended or repealed, local governments in those states cannot pass laws that go beyond the state smoke -free laws4' Advocates who want to push local smoke -free legislation in those states must first work to get rid of state preemption. "Smoker Protection Laws" In approximately thirty states, so-called "smoker protection laws" are a small barrier to a smoke -free agenda. Smoker protection laws prohibit employers from making employment decisions, such as hiring and firing, based on off -duty conduct that is legal, such as using tobacco during non -work hours and away from the job site.41 Some smoker protection laws are specific to tobacco use, while others apply to all legal off -duty conduct 49 Smoker protection taws are enacted to thwart the types of policies adopted by the Oklahoma City fire department and North Miami city (discussed in Section I) that forbid certain employees from smoking at any time. Smoker protection lauds are not as protective as they sound. They do not create a'- right to smoke. Nor do they give people license to smoke anywhere at anytime. Instead, they merely assure some smokers that their employers will not consider their off -duty tobacco use when making employment decisions. If advocates in states with smoker protection laws want to promote policies similar to those adopted by the Oklahoma City fire department and North Miami city, they must find an existing exception in the smoker protection law50 or must lobby to amend or repeal the smoker protection law." Some states have laws that act as roadblocks to effective smoke -free legislation. However, advocates can w ork to amend orrepeal those laws with confidence that their opponents cannot argue .successfully that the advocates are trying to trample on a specially protected right to smoke. The so-called "right to smoke" is actually a smokescreen. There is no constitutional right to smoke. Therefore, advocates are free to seek enactment of new smoke -free laws or the amendment or repeal of existing laws that harm the public health despite claims by their opponents invoking a right to smoke. So long as proposed smoke -free legislation is rationally related to a legitimate government goal, the Cuustitution will not stand in the way of its passage. Courts are quick to find that smoke -free legislation is rationally related to a legitimate government goal, since they have long held that protecting the public's healthis one of the most essential functions of government." Samantha K. Graff is a Staff Attorney at Public Health Law & Policy (PHLP), a project of the Public Health Institute in Oakland, California. This synopsis is based on a shorter document written on the same topic for a California audience by Edward Bolen, a former PHLP StaffAttomey. The author would like to thank her colleagues at. PHLP for their valuable input on this law synopsis. 5 v ete1 a11;b u1 r ul eisl1 vv ae i l v 1- vv) .. iw e tv � rayc 1 u1 c > About the VFW in, oath to > KBwS "bon61 2005 Mews ArtltlyE f+IpntgOTeryj 2007 Nmos ArcM1ivc Mur 2006 Asms Araha,e 2005 News A¢hlve 004 INe.rc An I,? v" Photn ""I'vE Alaskan EteeYece VFW`s New National > VFW PubiiC Wre Eonaenander: Kurpius Takes Heim During > Washington Weekly Annual Convention VFW e-UPOATE > VFW Vod oe RENO, Nev., Aug. 31, 2006--The nation's largest association > Annuai VFW National convention of combat veterans has elected Gary Kurpius its new national > ry "heal Cei.nu- commander during the Veterans of Foreign War's annual convention in Reno, Nev. He is the first national commander > less Feed from Alaska. > VFW Post Websltes > VFW Department (State) Cootzccs During his acceptance speech, the Vietnam veteran signaled out each generation of warriors —World War II to the War on Terrorism —praising each for their personal sacrifices and for helping shape and protect democracy worldwide. Noting the generational differences between past and current soldiers, Kurpius stressed that today's soldier is more likely to have a family than the single soldier of previous generations. This, he said, challenges VFW posts worldwide to rethink the way the posts operate and become more family friendly. "Comrades, membership drives everything we do, but we won't get a new generation — or even the older generation — to join us if we don't recognize and adapt to the changing world around us," he said, reminding the VFW delegates that the new generation of Iraqi and Afghanistan veterans do not need the VFW. "There has to be something that the VFW can provide to the community that makes people want to come to us," he said, encouraging posts to explore unconventional and enterprising Ideas such as Cyber Cafes, day care centers and fitness centers. "With so little free time, if the new generation does get Involved in the VFW, they will want to participate In programs that benefit the entire family." But he stressed that as long as smoking is still permitted indoors, "no one will want to join a VFW health club ... or bring their children to a VFW day care center ... or log -on at a VFW Cyber cafe." "We are a democratic organization that is letting 20 percent of the population tell us that the post will fail if people can't smoke inside. That's bunk," he said. "I know many VFW members and spouses who will not attend post meetings or events because of the smoke. I have read many articles about the VFW being the last building in town where indoor smoking is still permitted ... and some members quoted in the newspaper are celebrating as if they just won a great battle against government and social interference. Comrades, that Is not a victory, it is a sad commentary that unfortunately paints all of us with the same brush." In announcing his theme for his election year, Kurplus reminded the convention delegates that the VFW is a "service organization first and foremost," which is why he chose as his theme, "Veteran's First." "The VFW's future rests with attracting new members who want to believe that the VFW is more than just a bar _. and who want to believe that the VFW is an organization that regards change as a recognition of the future and not a criticism of the past," Kurpius added. During the Vietnam War, the Army veteran served with the 541st Transportation Company providing convoy security throughout the central highlands. He was awarded the h#,n:,//www-vfw-cwglandau• afm9fa=nows.newgDtl& did=35 94 2/16/2009 Veterans of Foreign Wars (VFW) :: News Page 2 of 2 National Defense Service Medal, the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Service Medal. In 1970, he joined VFW Post 1539 in Babbitt, Minn., where he became a life member in 1976. He earned the title of All - American Post Commander In 1977, and in 1983 was named All -American District Commander. In 1985, he transferred to VFW Post 9785 in Eagle River, Alaska, later becoming a Life Member of VFW Post 9365 in Wasilla. A former service officer for the Department of Alaska service officer, Kurplus was elected Department commander and earned All -American Department Commander status in 2001. He is a member of the Military Order of the Cootie, American Legion and Vietnam Veterans of America. In 1999, he received the Alaska Community Service Medal. He was selected Vietnam Veteran of the Year for St. Louis County in Minnesota by President Jimmy Carter and, more recent, completed a governor -appointed two-year term to the Alaska Veterans Advisory Council. During his year -long term, Kurplus will log thousands of miles to promote the VFW, veterans' issues and quality of life initiatives for active -duty, Reserve and Guard members. By the time the commander's term ends, he will have visited every state and numerous overseas areas. Also elected were George Lisicki, senior vice commander -in - chief, and Glen Gardner, junior vice commander -in -chief. The VFW was founded in 1899. The 2.4 million members of the VFW and its Auxiliaries are located in 8,500 VFW Posts worldwide. Through a system of service officers, it assists all veterans and their families in obtaining veterans entitlements and other services. As an organization of former servicemen and women, the VFW remains committed to our national security and the well being of those serving on active duty, in the National Guard and the Reserves. by Gloria Montgomery, VFW Communications Click to listen to VFW's new national commander's acceptance speech Please allow ample time to download file. Click to read VFW's new national commander's speech Click for an extensive bio of Gary Kul plus > back to news r http://www.vfw.org/index.cfin?fa=news.newsDtl&did=3584 2/16/2009 Efforts Seek to Freshers local VFW Editor's note: This story is reprinted with permission from the Journal and Courier- in Lafayette, Ind., and may not be reprinted without permission. By Tanya Brown LAFAYETI"E, Ind., Sept. 27, 2006--Chuck Hardesty, the new quartermaster at Lafayette's Veterans of Foreign Wars Post 1154, is trying to bring in younger members, but it's not an easy task. At VFWs across the nation, the clientele has historically been made up of older veterans and their spouses. Smoking and bingo are often the most popular activities. Now Gary Kurpius, the new national commander of the VFW, is asking posts like the one in Lafayette to reach out to younger crowds -- "new members who want to believe that the VFW is more than just a bar," as he told delegates at the group's Aug. 31 national convention in Reno, Nev. He has called for forward -looking initiativ like cyber cafes and day care, in addition to voluntary smoking bans. It's a charge Hardesty, 33, agrees with, but changing old habits can be both problematic and expensive. "I'm the youngest of the officers by at least 30 years. The first thing is to clean place and get out of that mindset that you always have to have a cigarette at everything." To that end, Hardesty has begun implementing small changes during his first year at the post. New carpet will be put down next week. New shingles will soon cover the roof. smoke -yellowed ceiling has been repainted. A Tuesday night dinner is pulling people in, and a Halloween carnival is planned for youngsters. He'd like to see a playground for the children and grandchildren of members and, eventually, he'd love to find the funding for a new building designed with families in mind. Mary Butler, a longtime member, said the post is trying to rebuild after several years of less -than -strong management. "We used to have all that kind of stuff here," she said. "We're really trying, and if they want to get rid of the smoking, I say fine. You get it in your clothes and it don't smell good." Even Ron Cheesman, a smoking member from Battle Ground, wouldn't mind giving up his cigarettes if it would bring in more members. "I wouldn't care too much for it, but I'd still come," he said. "I probably wouldn't stay around as long, but we want more people, that's for sure." Hardesty said he would like to see the food and activity area of the post go smoke - free. He'd leave smoking in the bar if he could purchase a better ventilation system. "It smells when you walk in the door here and we've got to change that. I'd never bring my wife or kids to a place that has smoking." He's trying to explain to the older veterans that hosting a youth -friendly environment isn't aimed at pushing older veterans, who include some 717 life members, out. He hopes to create a post where older and younger veterans can gather to support and learn from one another. "We have a whole new staff of officers and we've got people with new ideas, We should have more patriotism now than ever." To contact Tanya Brown, Journal and Courier journalist, please a -mail her at: tbrown@journalandcourier.com > back to news total # surveys completed: 272 1. Haw often o you visit Kenai and the surrounding area? o a Percentage first visit 1 a 161 � - i every few years 1 b 61 more than once a year 1c 39 yearly 1d 20 2. How do you feel about smoke -free workplaces? Tots Percentage favor 2a 240 _ , somewhat favor 2b 11 neutral 2c - To somewhat oppose 2d 1 oppose 2e 8 no response 2f 2 you wen o a res uran or bar, wou you prefer: I otal Percentage smoke -free 3a 253 smoking allowed 3b ? } does not matter 3c 11 no response 3d 1 4. If you stay in hotel or bed and breakfast, would you prefer: Total Percentage smoke -free 4a 254 smoking allowed 4b 9 does not matter 4c 8 no response 4d 1 S. Do you consider yourself a: o a Percentage current smoker 5a former smoker 5b NJ Nj never smoked 5c no response 5d 6. I live in: Total Percentage Alaska 6a other state 6b other country 6c ]]I no response 6d en er Total Percentage male 7a 1t?? female 7b 1 164 no response 7c 1- .1 �..1 first visit every few years more than once a year yearly Kenai/Soldotna Visitor sr�ilr�r f�•a__? ' total Id [= favor 2a r� total somewhat favor J 2b = neutral 2c somewhat oppose 2d F_7 oppose 2e no response 2f — {2. 3. If you went to a -restaurant or bar, would you prefer: smoke -free total 3a Cy smoking allowed 3b j does not matter 3c no response 3d E= 4. If you stay in hotel or bed and breakfast, Would prefer: smoke -free total 4a C2JR smoking allowed ab does not matter 4c C no response 4d 5. Do you consider yourself a: current smoker torsi Sa former smoker 5b never smoked 5c FTM no response 5d 6. 1 live in: Alaska total 6a another state 6b F- another country 6c no response 6d 7. Gender: Male total Female 7b E"'?1 no response 7c F ----fl March 24th to April 16th, 2008 Sample size = 468; margin of error ± 4.53 % HELLENTHAL AND ASSOCIATES 2200 Vanderbilt Circle Anchorage, Alaska 99508 (907) 276-1001 or 277-2315 (fax) hellenthal@gci.net (e-mail) Hello, I am from Hellenthal and Associates. We are conducting a Alaska State-wide public opinion research survey. Your telephone number was randomly selected. The questions I need to ask will take 10 to 15 minutes. All of your responses will be completely confidential. (PAUSE AND PROCEED) S1. Is this telephone number S2. Am I talking to you at a place where you live? S3. Are you 18 years or older? IF YES, THEN PROCEED TO QUESTION #1 IF NO, THEN ASK.... Is there anyone home who is 18 years old or older? IF YES, THEN ASK.... May I speak with them? IF NO, THEN ASK.... When would be a good time for me to call back and find someone homme who's i8 or older? (COMPUTED FROM QUESTIONS #3 AND #4) SMOKING STATUS OF RESPONDENT FREQUENCY PERCENT Never smoked ................................ 219......... 46.9% Used to smoke ............................... 160......... 34.3% Presently smoke .............................. 88......... 18.8% 1. How many adults in your household smoke tobacco? NUMBER OF ADULT SMOKERS FREQUENCY PERCENT None............................... 336.... ..... 71.8% One................................. 89......... 19.1% Two................................. 34.......... 7.2% Three or more ........................ 9..........1.9% (Smoker Mean = 1.491) (All Adult Mean = 0.421) - 1 - 2. ° Which statement best describes the rules about smoking inside your home? Do not include decks, garages, or porches: HOUSEHOLD SMOKING RULES FREQUENCY PERCENT Smoking is not allowed anywhere inside your home............................369.........78.896 Smoking is allowed in some places or at some time, or ............................. 37.......... 7.8% Smoking is allowed anywhere inside your home? ............................ 63...... ...13.4% 3. What are the rules, if any, about smoking inside of your motor vehicles, such as cars, vans, SUVs, or trucks? Would you say: MOTOR VEHICLE SMOKING RULES FREQUENCY PERCENT Smoking is never allowed in any vehicle .......... 343......... 73.2% Smoking is allowed sometimes or in some enclosed vehicles ............................ 57......... 12.2% Smoking is allowed in all enclosed vehicles? ...... 63......... 13.4% Family does not own an enclosed vehicle ............ 6..........1.2% 4. Have you smoked at least 100 cigarettes in your entire life? (5 packs = 100 cigarettes) SMOKED AT LEAST 100 CIGARETTES FREQUENCY PERCENT Yes ................................... 249......... 53.1% No., ........ ......................... 219 ......... 46.9% 5. (IF SMOKED 100 CIGARETTES) Do you smoke cigarettes every day, some days, or not at all? SMOKE CIGARETTES DAILY FREQUENCY PERCENT Never smoked .......... ................ 219......... 46.9% Everyday ................ ....60.........1-2.9% Some days .............................. 28.......... 6.0% Has smoked, but does not now .......... 160......... 34.3% 6. (ASK OF THOSE WHO ANSWER QUESTION #5 "Not at all") In what year and what month did you last smoke cigarettes regularly? (JANUARY=01; FEBRUARY=02; MARCH=03; APRIL=04; MAY=05; JUNE=06; JULY=07; AUGUST=08; SEPTEMBER=09; OCTOBER=10; NOVEMBER=11; DECEMBER=12) USE TO SMOKE YEAR AND MONTH QUIT SMOKING FREQUENCY PERCENT 1900 through 1984...................... 59......... 36.6% 1985 through 1992...................... 18.........11.1% 1993 through 2000...................... 38......... 23.9% 2001 through 2008...................... 46......... 28.5% (Smoker Mean = 1990.509) - 2 - USE TO SMOKE HOW LONG AGO QUIT SMOKING FREQUENCY PERCENT Less than 7 years ...................... 46......... 28.5% 7 through 13 years ......... ............ 32......... 19.7% 14 through 20 years .................... 17......... 10.8% More than 20 years ..................... 66......... 41.1% (Smoker Mean = 17.833) 7. (ASKED ONLY OF PRESENT SMOKERS) On the average, on days when you smoked during the past 30 days, about how many cigarettes did you smoke a day? ALL ADULT SMOKER NUMBER OF CIGARETTES A DAY FREQUENCY PERCENT PERCENT One to ten ........................ 48........ 10.3%...... 54.6% Eleven to nineteen ................ 12......... 2.5%...... 13.5% Twenty or more .................... 28......... 6.0%...... 31.9% None ............................. 380........ 81.2%..... MISSING (Smoker Mean = 12.384) (All Adult Mean = 2.332) 8. (ASKED ONLY OF PRESENT SMOKERS) Would you like to quit smoking? SMOKER LIKE TO QUIT SMOKING? FREQUENCY PERCENT Yes................................... 65......... 73.9% No.................................... 23......... 26.1% Don't smoke now ...................... 380........ MISSING 9. (ASKED ONLY OF PRESENT SMOKERS) Are you seriously considering stopping smoking within the next 6 months? SMOKER CONSIDERING STOPPING SMOKING FREQUENCY PERCENT Yes., ..... ........................... 55 ......... 62.0% No..... ............................... 34......... 38.0% Don't smoke now ...................... 380........ MISSING 10. (1F YES) Are you planning to stop smoking within the next 30 days? SMOKER CONSIDERING STOPPING SMOKING FREQUENCY PERCENT Yes................................... 31......... 34.8% No.................................... 57......... 65.2% Don't smoke now ......... ............. 380........ MISSING 111 13. 14. (ASKED ONLY OF PRESENT SMOKERS) In the past 1.2 months, how many times have you seen a doctor, nurse, or other health professional to get any kind of care for yourself? SMOKER TIMES HEALTH PROFESSIONAL FRE None.................................. 25......... 28.2% One.................. ................. 25......... 28.4% Two................................... 14......... 16.3% Three, ............................. ... 3 .......... 3.9% Four................................... 7.......... 8.3% Five or more .......................... 13......... 14.9% (Mean = 3.867) 12. (IF ONE OR MORE) In the past 12 months, has a doctor, nurse, or other health professional advised you to quit smoking? SMOKER DOCTOR ADVISED QUITTING? FREQUENCY PERCENT Yes., ..................................... 40 ......... 63.5% No........................................ 23......... 36.5% Don't smoke now... ....................... 405 ........ MISSING (ASKED ONLY OF PRESENT SMOKERS) During the past 12 months, have you stopped smoking for one day or longer because you were trying to quit smoking? SMOKER QUIT FOR ONE OR MORE DAYS? FREQUENCY PERCENT Yes................................ 44.............. 50.2% No................................. 44.............. 49.8% Don't smoke now ................... 380............. MISSING (ASKED OF EVERYONE) Do you currently use any smokeless tobacco products such as chewing tobacco, snuff, Iq'mik (ICK-MICK), or Blackbull? (PROBE FOR WHICH) DO YOU CURRENTLY USE SMOKELESS TOBACCO FREQUENCY PERCENT YES, CHEWING TOBACCO ............................ 15.......... 3.1% YES, SNUFF.......................................7..........1.5% YES, ALL ......................... I ............... 1.......... 0.2% NO, NONE ................................... .... 446......... 95.2% - 4 - 15. 'Now I am going to list several reasons that have been given for a person to not smoke indoors. After each, please tell me whether you think it is a very convincing reason, a somewhat convincing reason, a somewhat unconvincing reason or a very unconvincing reason for a person not to smoke indoors. 4 3 2 1 0 VERY SOMWEAT SO T VERY CON- CON UNCON- UNCON- REASONS VINCING VINCING NEUTRAL VINCING VINCING MEAN Nonsmokers have a right to breathe clean air ...... 81.9%...11.2%.... 1 Workers have a right to breathe clean air in their workplace........... 80.8%... 10.2%.... 0 Infants exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS)..... 69.3%... 15.0%.... 7 Smokers can go outside to smoke, going outside for 5 minutes,is no big deal..64.5%...17.5%.... 4 Secondhand smoke contains about 4,000 chemicals, more than 50 of which are known to cause cancer.48.0%... 25.1%...13 Secondhand smoke is a leading cause of preventable death among non-smokers...48.2%... 23.3%.... 9 Thirty minutes of exposure to secondhand smoke could trigger a heart attack....28.2%... 19.0%... 16 (ROTATE ORDER) 3%.... 2.9%.... 2.6%...3.670 9%.... 4.2%.... 4.0%...3.595 5%.... 4.3%.... 3.9%...3.416 2%.... 5.9%.... 7.8%...3.250 8%.... 6.9%.... 6.3%...3.016 3%.... 7.7%... 11.5%... 2.889 9%...18.9%... 17.1%... 2.223 ' 16. Now, I'm going to read you a short series of statements that may reflect your beliefs. Please tell me whether you STRONGLY AGREE, SOMEWHAT AGREE, SOMEWHAT DISAGREE or STRONGLY DISAGREE with each of the following statements: (IF AGREE OR DISAGREE, SAY "Is that strongly agree/disagree orjust somewhat agree/disagree?") 4 3 2 1 0 STRONGLY MILDLY NEUTRAL MILDLY STRONGLY STATEMENTS AGREE AGREE DISAGREE DISAGREE MEAN No one has the right to blow smoke into someone else's face ...................... 90.5%.... 7.3%.... 0.5%.... 0.7%....1.0%...3.854 The right of non-smokers to breathe smoke -free air should be respected by smokers ................ 82.7%... 13.7%.... 0.6%.... 0.8%.... 2.2%... 3.739 Smokers should "take it out- side" so that others don't have to breathe secondhand smoke .......... 77.1%... 12.7%....1.9% .... 3.5%.... 4.8%... 3.537 Smoking should not be allowed in motor vehicles where children are present ...... 74.9%... 12.0%.... 2.2%.... 6.4%....4.6% ... 3.463 I avoid places, if I know smoking is allowed ........ 49.8%...16.1% .... 2.8%... 13.3%...18.1% 2.662 Smoking is legal, so smokers ... should not have to go outside to smoke ........... 7.7%.... 9.9%.... 4.0%... 15.1%... 63.3%0.837 Alaska has cold weather, it is ... not fair to ask smokers go outside to smoke ........ 7.7%.... 8.9%.... 2.7%... 15.4%... 65.3%... 0.782 (ROTATE ORDER) 17. Do you recall recently seeing or hearing any advertising aimed at preventing the use of tobacco? RECALL SEEING OR HEARING ADS FREQUENCY PERCENT Yes............................... 312.............. 66.7% No................................ 156.............. 33.3% (COMPUTED FROM THE FOLLOWING FOUR ADS QUESTIONS: 20A TO 23A) AIDED RECALL -- # OF ADS FREQUENCY PERCENT None .............................. 165.............. 35.3% One............................... 115.............. 24.7% Two................................ 94.............. 20.1% Three.............................. 85.............. 18.1% Four................................8...............1.8% (All Adult Mean = 1.264 ads) (If one or more, Adult Mean = 1.955 ads)