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Home My WebLink About2009-03-04 Council PacketAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 4, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h.ttp://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. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in iie General Fund for a Library Gram .................... i 2. 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 .................................................. 3 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.............................................................................. 8 5. 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 ...................... 11 6. 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 ......................................... 14 7. 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 ofthe City...................................................................................................... 16 8. 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 ........................ 18 9. Resolution No. 2009-04 -- Awarding the Bid to Kodiak Island Native Supply for North Beach Fence Materials - 2009 for the Total Amount of $35,303.26...... 26 10. Resolution No. 2009-05 -- Authorizing the Use of the Equipment Replacement Fund to Purchase a 4X4 Articulating Multipurpose Municipal Tractor with Snow Blower and Ditch Mower Attachment...................................................... 27 11, WITHDRAWAL OF PROTEST OF CONTINUATION OF OPERATION-- Kenai Landing Inc., d/b/a Kenai Landing (License #4355)/Beverage Dispensary -- Tourism/ Seasonal.......................................................................................... 29 12. WITHDRAWAL OF PROTESTS: CONTINUATION OF OPERATION, RENEWAL OF LIQUOR LICENSE, AND TRANSFER OF LIQUOR LICENSE -- Amy & George Bowen, d/b/a One Stop Liquors (License #2319)/Package Store............ 32 13. *LIQUOR LICENSE RENEWALS • Pizza Paradises #3032 -- Beverage Dispensary • Don Jose's Mexican Restaurant #3039 -- Beverage Dispensary • Oaken Keg Spirit Shop # 1808 (Lie. #3218) -- Package Store • Three Bears #4118 -- Package Store • 2 Go Mart #4544 -- Package Store ............................................... 35 ITEM F: MINUTES 1. *Regular Meeting of February 18, 2009.......................................................... 37 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Ratification of Bills......................................................................................... 50 2. Approval of Purchase Orders Exceeding$15,000.............................................. 51 3. *Ordinance No. 2390-2009 -- Amending Kenai Municipal Code Chapter 12.40 to Eliminate Secondhand Tobacco Smoke Exposure in Places of Employment and Other Public Places.................................................................................. 52 4. *Ordinance No. 2391-2009 -- Amending KMC 14.20.240(c)(6) to Allow an Extension for the Ninety (90) Day Time Limit for Skirting in Mobile Homes Placed in Mobile Home Parks......................................................................... 85 5. *Ordinance No. 2392-2009 -- Amending KMC 21.05.085, Airport Fuel Flowage Fee................................................................................................................ 87 6. Approval -- Extension of Homer Electric Association, Inc. Lease/Alaska Fire Training Center -- 459 Marathon Road, Kenai .................................................. 90 7. Approval -- Mutual Termination of Lease and Asset Purchase Agreement/ University of Alaska Lease -- Tract A- 1, Baron Park Subdivision No. 7 (a Re - subdivision of Tract A, Baron Park Subdivision No. 5)....................................... 95 8. Discussion -- Letter of Agreement/Department of Public Safety, Alaska State Troopers, Bureau of Highway Patrol and Kenai Police Department/Alaska State Trooper Traffic Team...................................................................................... 102 ITEM I: 1. Council on Aging............................................................................................ 2. Airport Commission........................................................................................ 3. Harbor Commission....................................................................................... 4. Library Commission....................................................................................... 5. Parks & Recreation Commission..................................................................... 107 6. Planning & Zoning Commission...................................................................... Ill 7. Miscellaneous IitanISWvi1Saul0iiiiiitUUS a. Beautification Committee........................................................................... b. Alaska Municipal League Report................................................................. c. Mini -Grant Steering Committee.................................................................. 117 d. Advisory Cemetery Committee.................................................................... 121 e. Kenai Convention & Visitors Bureau......................................................... f. Salmon Task Force..................................................................................... - ITEM J: REPORT OF THE MAYOR ........................................................ ITEM K: ADMINISTRATION REPORTS 1. City Manager................................................................................................. 126 2. City Attorney.................................................................................................. 3. City Clerk...................................................................................................... 137 ITEM L: 1. 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 (RR I) 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 INFORMATION ITEMS MARCH 4, 2009 3/4/2009 Purchase Orders Between $2,500 and $15,000 for council review............................................................................................................ 154 2. 2/25/09 Public Works Department, Project Status Report .................................. 155 3. 2/25/09 B. Molloy memorandum with suggested amendments to KMC 14.20.270...................................................................................................... 157 4. 2/03/2009 Kenai Peninsula Borough Assembly Meeting Agenda ....................... 160 << 4 lc� CITY OF KENAI Suggested by: Administration KENAI, ALASKA ORDINANCE NO. 2382-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $S,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 - Computers Library - Software $3,900 1,300 $5.209. $3 900 1,300 $S 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 Un.d _Lined; DELETED TEXT BRACKETED] -1- TO: Rick Koch, City Manager FROM:: Mary Jo Joiner, Library Director DATE: 11. 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 TecbAtlas inventory referred to below was done electronically and submitted to tire 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 came directly from the Foundation. Note that tare 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 advocacy 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 1 ibrary. 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_ lip, inaintcnanec, Fuld tech support. Kenai Community Library Year 1 Computers: 2 Year I 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. Suggested by: Administration 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%e 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 Teat Underlined; -3- TEXT BRACKETED] $52,840 1,390 $54.230 $ 1,341 52,889 $a4530 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. FYeas, City Clerk Approved by Finance: L PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4, 2009 [DELETED TEXT BRACKETED) me •i r ,,I .", I I to u1=_ 7 M To: Rick R. Koch - City Manager From: Mary Bondurant —Airport Manage �11� 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 www.ci.kenai.ak.us. -5- 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 Text Underlined; iDELETF.D TEXT BRACKETED! I on 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: Carol L. Freas, City Clerk Approved by Finance: Vie---- PAT PORTER, MAYOR hntroduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4, 2009 View Text Underlined; [DELFrED TEXT BRACKETED] -7- Suggested by: Administration CITY OF KENAI 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 $22,973 Increase Appropriations: Transfer to Capital Project Fund $22,973 Runway Improvement Capital Project Fund Increase Estimated Revenues: Federal Grant $872,954 State Grant 22,972 Transfer from Airport Fund 22,973 $91899 Increase Appropriations: Administration $ 18,018 Machinery & Equipment $900,881, $ a-LB.899 New Text Underlined; {DELETED TEXT BRACKETED} t 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] f01 M To: Rick R. Koch - City Manager From: Mary Bondurant— Airport Manage 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 respnnsib le for 2.F;% 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.kenai.ak.us. F"I 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, 2.5% State of Alaska 818,995 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 18,995 $740.832 Increase Appropriations Administration $ 11,237 Engineering 234,063 Construction 495.532 $740.832 New Text. Underlined; [DELETED TEXT BRACKETED] -11- 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: )- mC - PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4, 2009 New Text Underlined; jDELETED TEXI' BRACKETED! -12- •.`., I a 4,4 1 To: Rick R. Koch - City Manager From: MaryBondurant— AirportManag 4 Date: February 11, 2009 Subject: FAA Grant Offer — "Rehabilitate Apron, Phase f" 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 21r, 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 li 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.d.kenai.ak.us. -13- Suggested by: Administration CITY OF KENAI 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 818,995 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 $179,004 Decrease Appropriations Transfer to Capital Projects Fund $179,004 Airport Equipment Capital Project Fund Decrease Estimated Revenues: Transfer from Airport Fund $179,004 Decrease Appropriations Engineering $179,004 New Text Underlined; fDDLETED TEXT BRACKETED) M 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 Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: February 18, 2009 Adopted: March 4, 2009 Effective: March 4. 2009 New Texi Underlined; [DELETED TEXT BRACILETED] -15- Suggested by: Administration CITY OF KENAI 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 Texq Underlined; [DELETED TEST BRACKETED] in Ordinance No.2388-2009 Attachment`A" 7.15.060 Sales, surplus, competitive bidding. (a� 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 intereet sale process. 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 Citv. The Citv Manager shall submit�report to the Council of any item sold by a broker including the commission buver. and the terms and conditions of the sale. Such written report shall be included in a council packet within 30 days after the sale date. fg2 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. -17- y_ Suggested by: Planning 8a Zoning/Administration fnc ci y 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 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, 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 BRACKETEDI -18- Ordinance No. 2389-2009 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. HE OR SHE SHALL ORDER DISCONTINUANCE OF ILLEGAL USES OF LAND, BUILDING, OR STRUCTURES; REMOVAL OF ILLEGAL BUILDINGS, OR STRUCTURES OR OF ADDITIONS,, A:UI'ERATIONS, 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 Zoning 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. 1. 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 necessto 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 In addition to anv other remedy or other method of enforcement available under the Kenai Zoning Code or other provision of the Kenai City Code or other law, the Citv 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(B. 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. La The discontinuation of construction or other activity preparatory to a structure oruse of real property that is in violation of the Kenai Zoning Code, a regulation or a permit (1l The suspension or revocation of a permit under which a violation of the Homer Zoning Code or regulations is occupied, maintained. constructed or established. (F), The restoration of any structure, vegetation, land. water body or other thine upon the land that is destroyed, damaged, altered or removed in violation of the Kenai Zoning Code, regulations or a ep rmit. (FF).. 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 immediatelv appealable to the Board of Adiusbrient. -19- Ordinance No. 2389-2009 Attachment "Y' [Type text) Page 2 of 3 d. An appeal must be filed within 15 days of service of the written enforcement order. Failure to appeal to the Board of Adjustment wifltin 15 days of service shall const lute a wa ver of afl r ghts 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 aDneah no further use or development contrary to the order maycontinue. S. Upon 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 satisfactory compliance with the order. 6. An enforcement order need not be issued before a prosecution or legal action is commenced enforcement order, exist. the City Manager may: (l) Commence proceedings to cause the abatement of the violation or. (2) 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 ty. plar„ in duplicate, dravin w- ;,Cale, showing the actual dimensions and sshape- Gt 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)[D] 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 Cormuission and take any action required by this section. -20- 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 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 [CIVI;L] penalty in an amount as provided in KMC 13.05,010. Each and 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 permitted. -21- t/re coly o{ // 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, 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 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 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, 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 ISSION OF 'HE CITY OF KENAI, ALASKA, this 11TH day of February 2009, CHAIRMAN ATI EST New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] -22- 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. HE OR SHE SFIALL 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 Zoning Administration and Enforcement The administration and enforcement of the Kenai Zoning Code is a function of the Planner under the supervision of the Citv Manager. b. City Planner — Functions and Powers. 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 c. Enforcement orders: 1. In addition to anv other remedv or other method of enforcement available under the Kenai Zoning Code or other provision of the Kenai City Code or other law, the City Manager or the City Planner may o1 rder: (A) The discontinuation of a use of land or a structure that is in violation of the Kenai v , Code arem,ta+, ,ora ermit MI 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 pemut. (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 (E), The suspension or revocation of a permit under which a violation of the Kenai Zoning Code or regulations is occu lied maintained constructed or established F().. The restoration of anV structure, vegetation, land, water body or other thing upon the land that is destroyed damaged altered or removed in violation of the Kenai Zoning Code regulations or a permit. (F AM 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. (H). 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 (e) of this section that is served on a violator personally or by certified mail is immediately appealable to the Board of Adjustment, An appeal must be filed within 15 days of service of the written enforcement order. Failure to PZ09-04 Attaclunent A Page i -23- appeal to the Board of Adjustment 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. 55. Upon 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 satisfactory 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. The pendenov 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 appealed, or if appealed. remains in effect during an appeal or after all appeals are exhausted, and a violation continues to exist the City Manager may: M Commence proceedings to cause the abatement of the violation or. Q) 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 bllild ng iS designed to aCCCLn 1pdate; conditions existing or,the lot-,dlld SUCK 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_[D) 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. gFE] 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 13.05.010, Each and PZ09-04 Attachment A Page 2 -24- 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 permitted. PZ04-04 Attachment A Page 3 -25- tke clyuf J/ NENRI�ALASKR Suggested by: Administration RESOLUTION NO. 2009-04 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO KODIAK ISLAND NATIVE SUPPLY FOR NORTH BEACH FENCE MATERIALS - 2009 FOR THE TOTAL AMOUNT OF $35,303,26, WHEREAS, the following bids were received on February 24, 2009: SIDDER TOTAL Kodiak Island Native Supply $35,303.26 URESCO Construction Materials, Inc. $43,550.00 S enard Builders Supply $44,500.00 URESCO Construction Materials, Inc. $44,550.00 Fireweed Fence $45,688.00 Kenai Fence, Inc. $51,410.00 Fence Repair Specially $74,065.00 Acme Fence Late -Non-Res onsive M1 WHEREAS, Kodiak Island Native Supply's bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Kodiak Island Native Supply; and, WHEREAS, the Council of the City of Kenai has determined that Kodiak Island Native Supply's bid is a responsible bid and award to this bidder b h best .,.i would e In 'the ucat interest of the City; and, WHEREAS, sufficient monies are appropriated, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for North Beach Fence Materials - 2009 be awarded to Kodiak Island Native Supply for the total amount of $35,303.26. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 2009. ATTEST: Carol L. Freas, City Clerk, r, Approved by Finance: r PAT PORTER, MAYOR -26- the ulyaf KENAI.AIASKA CITY OF KENAI Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE USE OF THE EQUIPMENT REPLACEMENT FUND TO PURCHASE A 4X4 ARTICULATING MULTIPURPOSE MUNICIPAL TRACTOR WITH SNOW BLOWER AND DITCH MOWER ATTACHMENT. WHEREAS, the City owns a 1996 Klauer Snow Blower that was scheduled to be replaced in FY 2006; and, WHEREAS, the General Fund will repay the Equipment Replacement Fund over 15 years; and, WHEREAS, KMC 7.15.050(f) allows the City to purchase supplies or materials costing more than $25,000 without competitively bidding when the City purchases the supplies or materials under another government agency's contract; and, WHEREAS, pursuant to KMC 7.15.050(f) the City shall utilize the competitive bid contract awarded by the State of Alaska in lieu of its own competitive bidding process to award the purchase contract; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City is authorized to use the Equipment Replacement Fund to purchase a 4X4 articulating multipurpose municipal tractor with snow blower and ditch mower attachment. The estimated cost is $172,000, 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 Approved by Finance: ........ < t New Text Underlined; [DELETED TEXT BRACKETED) -27- ®®V`la e with a Pagtj C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 theayaf MEMORANDUM O lOaTj�lr�M KENAL ALAS 1M 1j 11V1�j j�(11 v li 1 TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director 3 DATE: February 26, 2009 SUBJECT: Purchase of 4x4 Articulating Multipurpose Municipal Tractor with Snow Blower & Ditch Mower Attachment I recommend approval of the Multi -purpose Municipal Tractor with the mower and snow blower attachments. This will be a 'piggy -back' purchase with the State which will be advantageous to the City. The reason we would like to purchase this equipment at this time is because there is a 180 day lead time for the delivery. Purchasing at this time would enable us to use the tractor for late season mo:..ing operations and then be ready for snoLn: n as uiin ter oeto i + LA h ' bieLtilny The tra LVr Vr'Ou u ue equipeiieiu'nJe can use In all seasons with the available attachments instead of dedicated equipment which stays in the yard during off-season. As you know our current snow blower has had constant repair issues and has proven unreliable for sustained snow blowing operations. We have constantly had this blower in the shop for repairs this season which is costly and takes up a lot of mechanic time. This tractor and the snow blower attachment would be an excellent replacement for our current snow blower. y4:11 X114 e with a rest C# witk a fidare `° 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us Me uiy of TO: Mayor and Council Members FROM: Carol L. Freas, City,�(y, r DATE: February 27, 2009 OPERARE: WITHDRAWAL OF PROTEST OF LIQUOR LICENSE CONTINUATION OF • License #4355) At the January 21, 2009 meeting, Council protested the continuation of the above - referenced liquor license. The protest was based on sales tax delinquencies owed to the Kenai Peninsula Borough and pursuant to KMC 2.40.010 and KMC 2,40,020. We have been advised by the Kenai Peninsula Borough Finance Department, the licensee's tax delinquencies have been brought into compliance according to borough policies. Noes Council wish to withdraw its protest of the Liquor License Continuation of Operation of Kenai Landing Inc., d/bla Kenai Landing (License #4355)? -29- `Villa e with a Past, C# with a Future ®� 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us \\, Mea#of ff KEN I. ALLASKA March 5, 2009 Dawn Holland -Williams Alcoholic Beverage Control Board State of Alaska Department of Revenue 5848 East Tudor Road Anchorage, AK 99507 RE: WITHDRAWAL OF PROTEST FOR CONTINUATION OF OPERATION-- Kenai Landing Inc., d/b/a Kenai Landing (Liquor License #4355)/Beverage Dispensary -- Tourisna/Seasonal At its regular meeting of March 4, 2009, the Kenai City Council withdrew its protest of continued operation of liquor license for Kenai Landing Inc. based upon notification from the Kenai Peninsula Borough that tax delinquencies, for which our protest was entered, have been brought in compliance according to Borough policies. Please note remittance of past due amounts do not remove any other grounds for protest the City may assert in addition to the above delinquencies. If you have any questions, please do not hesitate to contact my office. CITY OF KENAI Carol L. Freas City Clerk elf cc: Applicant Kenai Peninsula Borough Clerk KPB Finance Department -30- FEB-02-2009 MON 01:16 PM KENAI PENN BOROUGH CLERK FAX NO, 907 262 8615 P, 01/01 {C N f PENINSULA BOPOUGM Lam`. 144 N. BINKLEY ST ° SOLDOTNA, ALASKA ° 99669-7520 F PHONE: (907) 714-2160 • PAX: (907) 714-2388 y �\ Toll -'Free within the Borough: 1.800-478-4441, Ext. 2160 EMAIL: assemblyclerk@borough.kenai.ak.us February 2, 2009 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1.296 Rc: Removal of Obj cation to Continuance #4355 Dear Ms. Holland -Williams: Please be advised that the Kenai Peninsula Borough wishes to withdraw the objection to the 2009 continuanco of the liquor license for Kenai Landing Inc. dba Kenai Landing. The Kenai, Peninsula B rough Finance Department has reviewed its files and states the licensee .has brought their tax de,ingll-.....e_ _ mmnRa11,Ge aGGGrding t6 li0rG&$u pCaa+-aea. Sincerely, htu Blankenship, CMC U Borough Clerk cc: Applicant City of Kenai KPB Finance .Department File -31- "'Villaye with a Vast, Cit w tk a Future ®` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephoner (907) 283-7535 / Fax: (907) 2B3-3014 www.d.kenai.ak.us '�` t�ec#01,1% KENALALASKA V MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: February 27, 2009 RE: WITHDRAWAL OF PROTESTS OF LIQUOR LICENSE: CONTINUATION OF OPERATION (2007 AND 2009), RENEWAL OF LIQUOR LICENSE (2008), AND TRANSFER OF LIQUOR LICENSE (2009) -- Amy & George Bowen, djb/a One Stop Liquors (License #2319)/Package Store History of Liquor License: ® In January, 2007 and 2009, the City of Kenai filed protests for the continued operation of the abave-referenced liquor license #2319 due to unpaid taxes. in April, 2008, the City of Kenai died a protest for the renewal of the liquor license due to unpaid taxes. a At the February 4, 2009 meeting, Council approved the transfer of the liquor license to Wal-Mart Stores, Inc. d/b/a Wal-Mart Supercenter #4474 under the condition the Kenai Peninsula Borough would be paid for amounts owed for sales and property taxes. These protests were filed pursuant to KMC 2.40.010 and KMC 2.40.020. We have been advised by the Kenai Peninsula Borough, the licensee's tax delinquencies have been brought into compliance through the proceeds received for the sale of License #2319 as agreed by the Transferee's trustee. Does Council wish to withdraw its protests of the Liquor License Continuation of Operation and Renewal of Liquor License of Amy & George Bowen, d/b/a One Stop Liquors #2319/Package Store and the Transfer of Liquor License from Amy & George Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc. d/b/a Wal-Mart Supercenter #4474? -32- „Villa9e with a Past C# with a Fay urge„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us \s ikecdvW O/ March 5, 2009 Dawn Holland -Williams Alcoholic Beverage Control Board State of Alaska Department of Revenue 5848 East Tudor Road Anchorage, AK 99507 VI-ITHDR&HAL OF PROTESTS, CON77NUATION OF OPERATION, LIQUOR TRANSFER OF • •^ o,.- Bowen, d1bla One Stog Liquors (License #2319)lPackage Store At its regular meeting of March 4, 2009, the Kenai City Council withdrew its Protests of Continued Operation (2007 and 2009), License Renewal (2008), and Transfer of Liquor License (2009) of the liquor Lcense issued to Amy & George Bowen, d/b/a One Stop Liquors (License 423791 based upon notification from the Kenai Peninsula Borough that tax delinquencies, for which our protests were entered, have been brought into compliance through the proceeds received of the sale of License #2319 as agreed by the Transferee's trustee. This letter serves as notification the City of Kenai has no objection to the issuance of a temporary license to Wal-Mart Stores, Inc. d/b/a Wal-Mart Supercenter #4474. If you have any questions, please do not hesitate to contact my office. CITY OF KENAI Carol L. Freas City Clerk elf cc: Applicant Kenai Peninsula Borough Clerk KPB Finance Department -33- KN I PENINSULA LI H 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 ..q, �.. EMAIL: assembiyclerk@borough.kenai.ak.us 1OHNI BCANKENSHIP, CIVIC BOROUGH CLERK February 27, 2009 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 Re: Removal of Objection to Renewal, Relocation and Transfer of Package Store Liquor License 92319 Dear Ms. Holland -Williams: Pleasebe advised that the Borough wishes to withdraw its objections to the renewal, relocation and transfer of Package Store liquor Iicense ir2319. The Borough has received payment from the proceeds of the sale of License 42319 as agreed by the Transferee's trustee. The Kenai Peninsula Borough Finance Department has confirmed receipt of payment funds necessary to remove tax liens from the prior License holder, Amy Bowen dlb/a One Stop. This letter Serves as notification that the Borough has no obiection to the issuance of a temporary license to Wal-Mart Stores, inc. dltva Wal-Mart Supercenter #4474. Sincerely, ensh�' Johni Blankenship, CMC Borough Clerk cc: Applicant KPB Finance Department File -34- Elrce u'iy`o f ` KENALALASKA March 5, 2009 " illa e with a Past, City with a Fat r°e `® 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 vvwWci.kenai.ak.us 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 March 4, 2009, the Kenai City Council considered the following renewal of the liquor license applicant(s) listed below and raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Beverage Dispensary Pizza Paradisos 43032 Don Jose's Mexican Restaurant #3039 Package Mere Oaken Keg Spirit Shop 01808 (1—ic.43218) Three Bears #4118 2 Go Mart #4544 If you have any questions, please contact me at 283-7535, extension 231, CITY OF KENAI Carol L. Freas City Clerk elf cc: Kenai Borough Clerk KPB Finance Department Applicant(s) -35- FEB-23-2009 MON 04:58 PM KENAI PENN BOROUGH CLERK FAX NO, 907 262 8615 P. 01/01 February 23, 2009 Ms. Daum ]:Tolland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board $849 E, Tudor Road Anchorage, AK 99507-1286 144 N. BINKLEY ST • SOLDOTNA, ALASKA • 99669.7520 PHONE (907) 714.2160 • FAX: (907) 714-2988 Toll -free within the Borough: 1-800-478-4441, Ext. 2160 EMAIL: assemblyclerk@borough.kenai.ak,us Re: Application for Renewal of Liquor Licansc: 03032, #3039, er32l8, #4118 & #4544 Dear Ms. Williams: Please be advised thatthe Kenai PeninsulaBoroughhss no objection to the approval of the following application(s) for renewal of liquor license(s) of the establishment(s) located within am City of Kenai, Alaska: Beverage Dispensary Package Store Pizza Paradisos #3032 Oalcrn Vag Spirit Shop #1808 (Lic. #3218) Dan .iose's Mexican Restaurant #3039 Three Bears #4118 2 Go smart #4544 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or ri linquent taxes. Sincerely, Sohn Blankenship CMC Borough Clerk cc: Applicant City of Kenai IM Finance Ot-pariment Gila -36- KENAI CITY COUNCIL — REGULAR MEETING FEBRUARY IS, 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 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. 2331-2009 -- Amending the � yevelopment Reauiremerus 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 3 ITEM F: 1. ITEM G: ITEM H: 1, 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. *Regular Meeting of February 4, 2009. Ratification of Bills i -37- 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. 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. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission i 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 C. Kenai Convention & Visitors Bureau f. Salmon Task Force 1. City Manager 2. Attorney 3. City Clerk ITEM L.- 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 (RR I) 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: ADJOURNMENT -39- KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 18, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak-.us MAYOR PAT PORTER, PRESIDING MINUTES • • R Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Joe Moore I Rick Ross, Vice Mayor Robert Molloy (telephonic) Mike Bovle 1 Pat Porter, Mavor Hal Smallev Council Member absent: Barry Eldridge A quorum was present. Also absent: Student Representative Maya Johnson t r � r Council Member Smalley MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. A-4, CONSENT AGENDA Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) None. .N KENAI CITY COUNCIL MEETING FEBRUARY 18,2009 PAGE 2 ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Bob Harrison, 51011 Lamplight Road, Kenai -- Harrison stated he was representing the American Legion, spoke in opposition to the proposed smoking ordinance, and submitted written testimony. Kate Carmody, 601 Frontage Road, Kenai -- Reported she was the owner of Body, Mind & Spirit and spoke in opposition to the proposed smoking ordinance. Dorothy Cunningham, P.Q. Box 1662, Kenai -- Reported she was the owner of the Vagabond Inn, submitted a survey taken of customers, and spoke in opposition to the proposed smoking ordinance. Joe Stanford, 46875 South Miller Loop Road, Kenai - Spoke in opposition to the proposed smoking ordinance. Chrystal Schoenr, Nikiski, AK -- Reported she was a member of the VFW and state CHARR, and spoke in opposition to the proposed smoking ordinance. Paul Morrison, Kenai -- Spoke in opposition to the proposed smoking ordinance. Crary Superman, Nikiski -- Reported he was the President of the Kenai Peninsula CHARR, a member of the Alaska CHARR Board, representing over 50 establishments on the Peninsula, and spoke in opposition to the proposed smoking ordinance. Raymond Barrett, Nikiski -- Spoke in onnnsition to the proposed smoking ord_nap,re noting economic concerns if the ordinance was passed. Levi Superman, Nikiski -- Reported he was an assistant to the Kenai Peninsula, reported a petition had been circulated by CHARR, read the statement included on the petition, and spoke in opposition to the proposed ordinance. Gabriel Van Zee, Kenai -- Spoke in opposition to the proposed smoking ordinance. Jenny Olendorff, Soldotna --Spoke in support of the proposed smoking ordinance. Donald Wright, 604 McCollum Drive, Kenai -- Discussed concerns he had related to the proposed rezone of properties along the Kenai Spur Highway and stated he would be at work when the issue came to public hearing. Wright was encouraged to put his concerns in writing to be included in the council packet for the public hearing. Debbie Sonberg, 410 Cinderella, Kenai -- Spoke in opposition to the proposed rezone of properties along the Kenai Spur Highway and requested to be included in a work session with regard to the rezone issue. -41- KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 3 Pat Falkenberg, 399 McCollum Drive, Kenai -- Spoke in opposition to the proposed rezone of properties along the Kenai. Spur Highway. Becky Espy, 903 Magic Avenue, Kenai -- Spoke in opposition to the proposed rezone of properties along the Kenai Spur Highway, noted concerns with regard to request for city records. A brief explanation of the Alaska Statute followed with regard to public record requests, inability to waive fees in order to follow the statute, etc. It was noted, a city policy was being developed and it was requested a. cover summary memorandum be included when the policy was presented to council. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly Member Smalley reported on actions and discussions held during the February 17, 2009 Kenai Peninsula Borough Assembly meeting. a �� • •;era; i �t ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-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 fCG) and Central Mixed Use Zones (CMtrj r Council Member Smalley MOVED for approval of Ordinance No. 2381-2009 and Council Member Ross SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: Moore 7 Yes Eldridge Absent Ross i Yes Molloy Yes Boyle Yes Porten �rYesi� Smalley MOTION PASSED UNANIMOUSLY. E-2. Resolution No. 2009-03 -- Approving Nominations for Projects for the 2010-2013 Statewide Transportation Improvement Program (STIP). KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 4 1604�6il€tI Council Member Smalley MOVED to adopt Resolution No. 2009-03 and requested UNANIMOUS CONSENT, Council Member Ross SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was explained, the items on the list were not prioritized as that would be done by the project review committee. VOTE: There were no objections. SO ORDERED. E-3. LIQUOR LICENSE RENEWAL -- Roy Dale Howard d/b/a Kenai Joe's 4#626/Beverage Dispensary. Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of February 4, 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. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. m There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. H-3. Ordinance No. 2382-2009 -- increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. Introduced by approval of the consent agenda. EN KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 5 H-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. Introduced by approval of the consent agenda. H-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. Introduced by approval of the consent agenda. H-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. Introduced by approval of the consent agenda. H-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. Introduced by approval of the consent agenda. H-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. Introduced by approval of the consent agenda. H-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. Introduced by approval of the consent agenda. H-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. Introduced by approval of the consent agenda. En KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 6 H-11. Approval -- Consent to Security Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4/Pingo Properties, Inc. & Geoffrey M. Graves, Individually. MOTION: Council Member Smalley MOVED for approval of the Consent to Security Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No, 4/Pingo Properties, Inc. & Geoffrey M. Graves, Individually. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-12. Discussion -- Scheduling Work Sessions/COLA Discussion and Budget Reviews. Budget work sessions were scheduled as follows: March 30, 2009, 6:00 p.m., Council Chambers April 2, 2009, 6:00 p.m., Council Chambers ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Ross reviewed the February 12, 2009 meeting summary which was included in the packet. I-2. Airport Commission. -- Council Member Moore reviewed the February 12, 2009 meeting summary which was included in the packet. I-3. harbor Commission -- Council Member Smalley reviewed the February 9, 2009 meeting summary which was included in the packet. I-4. Library Commission -- No meeting. I-5. Paris & Recreation Commission -- Council Member Moore reported a special meeting would be held on February 24, 2009. I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the February 11, 2009 meeting minutes which were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter reviewed the February 10, 2009 meeting summary which was included in the packet. I-7b. Alaska Municipal League Report -- No meeting -45- KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 7 I-7c. Mini -Grant Steering Committee -- Council Member Moore reported a meeting was scheduled to be held on Thursday, February 19, 2009. I-7d. Advisory Cemetery Committee -- No report. I-7e. Kenai Convention & Visitors Bureau -- No report. I-7f. Salmon Task. Force -- Council Member Moore reviewed the February 11, 2009 meeting summary and noted, the group would need another two meetings prior to completing its presentation. Moore requested a work session to hear the presentation be scheduled during the next council meeting, ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She would travel to Anchorage to visit the survivors of the weekend's car accident. • She made a presentation at the Kenai Rotary. • She requested approval to order a large cake for the Fourth of July festivities. There were no objections from council. • She gave a brief update of real estate information related to foreclosures on the Kenai Peninsula. • She, City Manager Koch and several department heads met with residents from the Sprucewood Townhouses. The residents reported they wanted to improve the look of the neighborhood and city administration would be working with them to do so, including leveling and adding top soil to city lots. It was noted, the residents were made aware the city lots were for sale. ITEM K: ADMINISTRATION REPORTS K-l. City Manager -- City Manager Koch reported the following: • The quarterly financial report and investment report were included in the packet. • A draft ordinance for amending the Limited Commercial Zone was included in the packet as an information item. Copies of the proposed ordinance would be mailed to all the individuals for whom addresses were available, who had been participating in discussions related to the proposed rezone along the Spur Highway. • A draft ordinance for amending the Landscaping Site Plan code would also be mailed out to those, for whom addresses were available, who had been participating in discussions related to the proposed rezone along the Spur Highway. Administration was requested to mail copies of the proposed ordinances to property owners of other Limited Commercial zoned properties and include information of when the documents would be before the Planning & Zoning Commission for public hearing. • Funding requests for City of Kenai projects had not been included in the reductions from the Governor's budget. KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 8 • Referred to the news report of new federally mandated requirements for airports and noted, the City would comment in opposition to the mandates. • Administration was working on the next year's budget. • Discussed applications for federal appropriations that could be funded by the stimulus program. • He contacted members of the Corps in Anchorage and Washington, DC related to the stimulus package to be sure the bluff erosion project could fall within funding parameters. K-2. Attorney -- No report. K-3. City Clerk -- Clerk Freas noted the following items: • Referred to information included in the packet related to holding council, board, commission and committee training with the City of Soldotna. Council stated no objections and suggested March 28 and April 4, 2009 dates for holding the training. Freas was requested to provide a sign -in sheet for members of the public to complete prior to the beginning of the meeting. ITEM L: DISCUSSIO L-1. Citizens (five minutest Janine Espy, 403 McCollum Drive, Kenai -- Stated the following: • She supported the council/commission training and suggested members of the public be incited who may be interested in being appointed to a commission, committee or board. • Requested a work session be held with related to the Limited Commercial rezone and include the property owners/residents from the areas affected to attend. • Notedpeople were interpreting the Comprehensive Plan differently which some felt was a cause of some of the dissention. • Recommended council read, "Bartholomew and the 0obleck" by Dr. Seuss. Debbie Sonberg, 410 Cinderella Street, Kenai -- Discussed requests made for information and concerns with the process. Becky Espy, 903 Magic Avenue, Kenai -- Questioned the counting of hours with regard to researching/compiling requests for information. Espy was advised, a written response would be provided to her during the next. day. L-2. Council Molloy -- Reported the Planning & Zoning Commission failed the application for rezone. EM KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 9 Smalley -- Noted the draft smoking ordinance was included in the packet as an information item; the ordinance would be introduced on March 4, 2009; additional information was provided to council; and asked if a work session should be scheduled. A brief discussion took place related to scheduling a work session. Comments included: r A work session would allow discussion of different options. r Many of the business owners who spoke earlier in the meeting, were from outside the city and would not be affected by the ordinance. No work session was scheduled. Smalley also thanked administration for the monthly reports. Moore -- Thanked those who spoke for their testimony. Ross -- Thanked Ms. Espy for the candy. Boyle -- Stated he believed a review of the Comprehensive Plan should be made, reported on the Police Department's K-9 presentation to the KCHS students, and suggested a similar presentation could be made to 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 Repla't From Rural Residential I fRRI) to Limited Commercial (LC). Ordinance No. 2365-200S -- 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. (Cleric'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 L 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 IN KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 10 ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:32 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. .• PAYMENTS OVER $16,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF; MARCH 4, 2008 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ICMA 401 PLAN FEBRUARY 401 PLAN VARIOUS LIABILITY 15,650.94 ICMA457PLAN FEBRUARY 457 PLAN VARIOUS LIABILITY 25,044.58 PERS FEBRUARY PERS VARIOUS LIABILITY 150,914.63 ENSTAR GAS USAGE VARIOUS UTILITIES 48,013,94 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 108,216.33 C3� O INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect Int. RBC CAPITAL MARKETS U.S. GOVT SECURITY 2117/2012 1,000,000.00 2.00% RBC CAPITAL MARKETS U.S. GOVT SECURITY 2126/2014 1,000,000.00 2.00% REVISED L. JARCH 2, 2009 - ITEM IN BOLD PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 4, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT KODIAK ISLAND NATIVE SUPPLY N. BEACH FENCE MATERIALS KENAI DUNES RESTORATION CONSTRUCTION 41,000.00 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT :)TAL PO AMT COVER REMAINING JACKSON ENTERPRISES FY09 DIESEL 88029 - A/P AIRFIELD FY 5,000.00 55,000.00 PAINTING RELIGHTS BLAZY CONSTRUCTION C/O #2 89293 - VIS. CTR. HEATING & DOORS 1,665.56 484,405A8 REVISED Li (ARCH 2, 2009 - ITEM IN BOLD PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 4, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT KODIAK ISLAND NATIVE SUPPLY N. BEACH FENCE MATERIALS KENAI DUNES RESTORATION CONSTRUCTION 41,000.00 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT 7TAL PO AMT COVER REMAINING JACKSON ENTERPRISES FY09 DIESEL 88029 - A/P AIRFIELD FY 5,000.00 55,000.00 PAINTING RELIGHTS BLAZY CONSTRUCTION C/O #2 89293 - VIS. CTR. HEATING & DOORS 1,665.56 484,405A8 PURCHAvc ORDERS OVER $16,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 4, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL POAMT Cat JACKSON ENTERPRISES FY09 DIESEL 88029 - AIP AIRFIELD COVER REMAINING FY 5,000.00 56,000.00 KODIAK ISLAND NATIVE SUPPLY BLAZY CONSTRUCTION N. BEACH FENCE MATERIALS C!O #2 KENAI DUNES RESTORATION UTILIZE FUNDING PAINTING RELIGHTS & 89293 - VIS_ CTR. HEATING DOORS 5,696.74 41,000,00 1,665.56 484,405.48 Suggested by: Councilor Smalley \\ the dL/Vf // CITY OF KENAI KENA\I� KA ORDINANCE NO. 2390-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 12.40 TO ELIMINATE SECONDHAND TOBACCO SMOKE EXPOSURE IN PLACES OF EMPLOYMENT AND OTHER PUBLIC PLACES. WHEREAS, the severe disease -causing and deadly harms of exposure to secondhand smoke have been documented by the U.S. Surgeon General and numerous other recognized scientific authorities; and, WHEREAS, exposure to secondhand smoke is recognized as a leading cause of preventable death and the U.S. Surgeon General has determined that exposure to secondhand smoke causes approximately 50,000 non-smoker deaths from lung cancer and heart disease each year in the United States; and, WHEREAS, it has been determined by the U.S. Surgeon General that air ventilation systems and filtration/cleaning systems cannot effectively protect health from secondhand smoke and that only completely smoke -free environments can protect health; and, WHEREAS, workers and members of the public exposed to secondhand smoke for only a short period of time can experience adverse cardiovascular effects and there is no safe level of exposure to the many carcinogens in secondhand smoke; and, WHEREAS, the City Council hereby finds that it is in the public health, safety and welfare to supplement State regulation of the use of tobacco and tobacco nrodztcts by prohibiting smoking in public places and places of employment within the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 12.40 is hereby amended to read as follows on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2009, ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: March 4, 2009 Adopted: March 18, 2009 Effective: April 18, 2009 New Text Underlined; (DELETED TEXT BRACKETED] -52- 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. 12.40.013140 Where smoking not [REGULATED] Qrohibited. 12.40.0[4]50 Sign posting requirement. 12.40.0[5]60 No retaliation nor waiver of rights. 12.40.0[6]70 Violations and penalties. 12.40.0[7]80 Enforcement. 12.40.0[8]90 Other applicable laws. 12.40.100 Liberal construction. 12,40,010 Definitions, [`BAR" MEANS A PREMISES LICENSED UNDER AS 04.11.090 WIiICH DOES NOT EMPLOY ANY PERSON UNDER THE AGE OF TWENTY-ONE (21) AND WHICH DOES NOT SERVE ANY PERSON UNDER THE AGE OF TWENTY-ONE (21) UNLESS ACCOMPANIED BY A PARENT OR GUARDIAN, AND WHERE TOBACCO SMOKE CANNOT FILTER INTO ANY OTHER AREA WHERE SMOKING IS PROHIBITED THROUGH A PASSAGEWAY, VENTILATION SYSTEM OR OTHER MEANS. A "BAR" DOES NOT INCLUDE AREAS IN AN EATING ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES MAY BE SERVED. "BATING ESTABLISHMENT" MEANS ANY RESTAURANT, COFFEE SHOP, CAFETEPIA, L� :C.HEO":ETTE, SAND`�`JICH STAND, SODA FOUNTAIN, PP.TVATE OR PUBLIC SCHOOL CAFETERIA, FAST FOOD SERVICE AND OTHER ESTABLISHMENTS, LNCLUDFNG 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 THE CEILING, INCLUDING ALL SPACE THEREIN SCREENED BY PARTITIONS WHICH DO NOT EXTEND BETWEEN THE FLOOR AND CEILING OR ARE NOT SOLID. THE DOORS OF AN ENCLOSED AREA SHOULD REMAIN CLOSED WHENEVER PRACTICABLE. "OPERATOR", MEANS AND INCLUDES THE OWNER, PROPRIETOR, MANAGER, LESSEE, LESSOR, LICENSEE OR ANY OTHER PERSON EXERCISING CONTROL OVER ANY EATING ESTABLISHMENT OR BAR. No. 2390-2009 ATTACILVENT "A' -53- "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.] "Bu_s„uiess" means any legal entity, whether for profit or not -for -profit, that ,provides goodsor services. including, but not limited to, a sole proprietorship, partnershiJ2, limited liabilitN company. corRoration. trust, membership organization or similar entity. "Employee" means any person who is employed by any emgloyer for compensation or works for an employer ws a volunteer. "Em Ipover" means any person or business, including a municipal corpora ion or non- ry ofit entity, who employs the services of one or more individualpersons. "Enclosed area" means all 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 pereent (50%) of the combined surface of the area's vertical places is permanently and directlyoyen to the outdoors. "Health care facility" means a business, office or institution that provides 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 em 1pover including but not limited to work areas private offices employee lomiges restrooms conference rooms classrooms, cafeterias, hallways, and vehicles. A private residence is 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, permitted includingbut not limited to educational facilities entertaimnent facilities food and beverage service facilities, offices. retail stores. and transnortation facilities and vehicles accessible to the general public. i, "Smokinkf means inhaling, exhaling burning or Cara ina anv lighted 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 (11) All enclosed public places within the City of Kenai. All enclosed areas that are places of employment Ordinance No. 2390-2009 ATTACHMENT "A" Page 2 oi'6 -54- M 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. (44,) All areas within twenty (20) feet of each entrance to enclosed areas on properties 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 City of Kenai. (5) All areas within fifty (50) feet of each entrance to a hospital or medical clinic. (0 All outdoor arenas, stadiums, amphitheaters and public transit waiting areas except in designated smoking areas, which may be established only in perimeter areas at least twenty (20) feet from bleachers grandstands, seating areas and concession stands. (77) 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 '1.2.40.030 shall be ten (10,) feet. (8) "Reasonable Distance" areas as defined by KMC 1.2,40.030. Smoking is prohibited on any property not listed in subsection "a" of this section. whether or not enclosed, if the owner. operator, manager, or other person having control of the property chooses to Prohibit 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 Chapter 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 12.40.0[3)40 Where smoking not [REGULATED] prohibited. [NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE FOLLOWING AREAS SHALL NOT BE SUBJECT TO THE SMOKING RESTRICTIONS OF THIS CHAPTER: (A) BARS; AND (B) EATING ESTABLISHMENTS WHILE IN USE IN THEIR ENTIRETY FOR PRIVATE FUNCTIONS; AND (C) ANY PATIO OR OTHER AREA OF AN EATING ESTABLISHMENT WHICH IS ENTIRELY OPEN TO THE SKY.] Ordinance No. 2390-2009 ATTACHMENT "A" Page 3 of 6 -55- (a) Smoking is not prohibited in the following faces. (1) Up to a maximum of twenty-five percent 25 %) percent of hotel and motel sleeping rooms rented to guests may be designated as smoking roams if thg 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 nonsmoking may not be changed, except as to add additional nonsmoking rooms. LL2) Outdoor areas of places of employment except the outdoor areas identified under KMC 1.2.40,020. (3) 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 postina on the ure roses a conspicuous written notice and orally informing parents ar guardians (b) Nothing in this Chapter shalt be construed or interpreted to provide any person a right to smoke on premises or uronerty 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 SMOKING," 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 IT), AND WITH LETTERS OF NOT LESS THAN ONE (1) INCH IN HEIGHT, CITING CITY OF KENAI MUNICIPAL CODE CHAPTER 12.40. SIGNS SHALL BE CLEARLY, SUFFICIENTLY AND CONSPICUOUSLY POSTED IN EVERY LOCATION WHERE SMOKING IS CONTROLLED BY THIS CHAPTER. (B) EVERY OPERATOR OF AN EATING ESTABLISHMENT OR BOWLING ALLEY REGULATED BY THIS CHAPTER SHALL HAVE POSTED AT THE ENTRANCE OF THE EATING ESTABLISHMENTT OR BOWLING ALLEY A SIGNT 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 emplo iy Went where smoking is prohibited by this Chapter shall clean and canspicnol slyplace at every entrance "No Smoking" signs -or the international "No Smoking„ svmbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). (b) The owner, operator, manager or othg[,person. in control of every hospital and medical clinic to which this C'hgpter applies shall post at every entrance a conspicuous sign clearly stating that Smoking is prohibited within fifty (50) feet of the entrance to the building and within the building Ordinance No. 2390-2009 ATTACI MENT"A" -56- (c) Employers shall provide a smoke -free workplace, and neither an emplover 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. 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 Chanter, lie 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 erson in violation refuses to leave. the owner, operator, manager or other erson in control shall report the violation. 1.2.40.0[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.] (a) No person or emplover shall discharge, refuse to hire, or in any other manner retaliate or discriminate against any employee. applicant for employment, or other individual because such employee apnlicant for employment or individual reports a violation or otherwise insists upon compliance with any requirement of this Chapter. (I) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender anv legal rights the emplovee may have against the emnlover or anv other party. t Notwithstanding KMC 1.2.40.050(b), a violation of KMC 1240,060 shall be punishable by a fine not to exceed five -hundred ($500) for each violation. 12.40,0[6]20 Violations and penalties. (a) It is unlawful for any owner. operator, manager or other person in control of any area where 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 ($100.00), plus any surcharge required to be imposed by AS 12.55.039, for a [FIRST] violation [WITHIN A TWENTY-FOUR (24) MONTH PERIOD]; Ordinance No. 2390-2009 ATTACHMENT "A" Page 5 of 6 -57- (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 recentprior 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 ttie most recent prior violation; (d) Each and every day that such violation continues shall be deemed a separate and distinct violation. (e) The Q ity 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 ($300.00) 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 desi,gnee(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 1.2.40.060] Prior to citing an owner, operator, manager or other person in control of anv area where smoking is prohibited by this Chapter for an initial violation, the City 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 subject to the penalties set forth in KMC 1.2.40.07. The written, warning required by this subsection does not aPRIv jn the care of an individual person who unlawfully smoke in violation of KMC 12.40.070(b). W Notwithstanding the availability of any other remedy provided by the provisions of this Chapters the City Manager or anv person ac> ;rieved by the failure of the owner. aerator, manager or other person in control of anv area where smoking is prohibited to comply with the provisions of this Chapter may apply for injunctive relief to enforce these provisions in any court of competent jurisdiction. 12.40.0[8]90 Other applicable laws. This C['Cchapter 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. 12A0.100 Liberal Construction This Chapter shall be Nberalty construed so as to further its urnoses" Ordinance No.2390-2009 ATFACHMENF"A" Page 6 on Chapter 12.40 SMOKING IN PLACES OF EMPLOYMENT AND PUBLIC PLACES 12.40.010 Definitions. 12,40.020 Smoking prohibited. 12.40.030 Reasonable distance. 12.40.040 Where smoking not prohibited. 12.40.050 Sign posting requirement. 12.40.060 No retaliation nor waiver of rights. 12.40.070 Violations and penalties. 12.40.080 Enforcement. 12.40.090 Other applicable laws. 12.40.100 Liberal construction. 12.40.010 Definitions. `Business' means any legal entity, whether for profit or not -far -profit, that provides goods or services, including, but not limited to, a sole proprietorship, partnership, limited liability company, corporation, trust, membership organization or similar entity. "Employee" means any person who is employed 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 entity, who employs the services of one or more individual persons. "Enclosed area" means all space between a floor, a ceiling and surrounding walls, windows and doors, whether open or closed, iemporary or permanent. An area is not enclosed if at least fifty percent (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 provides 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 residence is 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 permitted, including but not limited to, educational facilities, entertainment facilities, food and beverage service facilities, offices, retail stores, and transportation facilities and vehicles accessible to the general public. "Smoking" means inhaling, exhaling, burning or carrying any lighted or heated tobacco product or other plant material intended for inhalation. Ordinance No. 2390-2009 unlegislative format informational. draft Page I oi'5 -59- 12.40.020 Smoking prohibited. (a) Smoking is prohibited at the following places: (I) All enclosed public places within the City of Kenai. (2) All enclosed areas that are places of employment. (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 properties 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 City 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 be 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 1.2.40.030 shall be ten (10) feet. (8) "Reasonable Distance" areas as defined by KMC 12,40.030 ' Smoking is prohibited on. an property not listed in subsection "a" of this section, whether or not � 5'-P -` YP P Y enclosed, if the owner, operator, manager, or other person 'having control of the property chooses to prohibit 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 any enclosed area where smoking is prohibited by this Chapter 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. 12.40.040 Where smoking not prohibited, Ordinance No. 2390-2009 unlegislarve format informational draft Page 2 of 5 o (a) Smoking is not prohibited in the following places: (1) Up to a maximum of twenty-five percent (25 %) percent of hotel and motel sleeping 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 nonsmoking 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. (3) 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 foe -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. 12.40.050 Sign posting and other 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" symbol (consisting of apictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). (b) 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 ,Avbin fir+., icm feet of the eehhf,. t^ th= b,^ld;ng a11d ::41,4. t,:e build;ng. (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 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. Ordinance No. 2390-2009 mriegislative format informational draft Page 3 of 5 MO 12.40,060 No retaliation nor waiver of rights. ja) No person or employer shall discharge, refuse to hire, or in any other manner retaliate or discriminate against any employee, 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 Iegal 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. 12.40,070 Violations and penalties. (a) It is unlawful for any owner, operator, manager or other person in control of any area where smoking is prohibited under this Chapter 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 Chapter. (c) Any person who violates any provision of this chapter shall be guilty of a violation punishable by: (1) A fine not exceedhtg one hundred dollars ($100.00), plus any surcharge required to be imposed by AS 12.55.039, for a violation; (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 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 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 person aggrieved by a violation or threatened violation of this Chapter may bring a civil action against a person who violates this chapter and may recover a civil penalty not to exceed three hundred dollars ($300.00) per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. 12,40.080 Enforcement. (a) Administration of this Chapter shall be by the City Manager or his or her designee(s). Any person who desires to register a complaint hereunder may initiate enforcement consideration with the City Manager or his or her designee(s). (b) 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 City 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 subject 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 of KMC 12.40,070(b). Ordinance No. 2390-2009 unlegislative format informational draft page 4 of 5 -62- (c) Notwithstanding the availability of any other remedy provided by the provisions of this Chapter, the City Manager or any person aggrieved by the failure of the owner, operator, manager or other person in control of any area where smoking is prohibited to comply with the provisions of this Chapter may apply for injunctive relief to enforce these provisions in any court of competent j uri sdiction. 12.40,090 Other applicable laws. This 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. 1.2,40.100 Liberal Construction. This Chapter shall be liberally construed so as to further its purposes. Ordinance No. 2390-2009 unlegisla:ive format informational draft Page 5 of 5 -63- Carol Freas From: Frank Dahl [frankd@gci.net) Sent: Wednesday, February 11, 2009 9:17 AM To: Carol Freas Subject: FW: No Smoking Ban - Intrusion into private business From: Frank Dahl [maiito:frankd@gci.net] Sent: 02/11/2009 9:06 AM To: 'Kenaimayor@msn.com'; 'rossrck@hotmail.com'; 'mboyle@alaska.com'; 'bob@mollyforcouncii.com'; 'hvsmalley@yahoo.com'; 'barry; 'cpajoe@altrogco.com; 'cfreas@ci.kenai.us' Subject: No Smoking Ban - intrusion into private business As a business owner in Anchorage (Blues Central @ the Chefs 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 ! 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 it. In Anchorage, many businesses closed due to the smoking ban.. .11e 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 Economic fears are snuffing out winking 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 11 casinos warned they could file for bankruptcy by year's end. Cie Stroud AP Most popular . Most viewed .Ta➢ratcd .Most e-malietl Top bankers face grilling by dubious Congress Maduff`s wife withdrew $ISM before his arrest First lady a aichelle Obama graces Vogue cover Archaeologists find rare intact mummy Cuomo blasts Merrill executives on bonus plar. Most viewed on rnsnbc.com Associated Press. updated 5:42 p.m. ET Fela. 4, 2009 DENVER - In this economy, lawmakers are more willing to let people smoke 'am if they got 'em. 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 i advertisement i your ad here 3 -65- 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 circulating a new state health report predicting Kansas t Fact File Back the habit Learn about popular products, drugs and anticipated now ways to help you quit smoking. rLaor idN msnbc.corn 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 -66- "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 lawmakers 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. Carol Freas From: Sent: To: Subject: Attachments: Dear Mr, Smalley, Aaron Parkerfaaron.parker@ydpd.org] Saturday, February 21, 2009 1:59 PM hvsmalley@yahoo.com Smoking Ban S moking_Ban_comment. pdf I read the article written by Phil Hermanek for the Peninsula Clarion relating to last Wednesday's public comments made on the Smoking Ban proposal. The article provoked me to kick the idea around in my head a bit and 1 started to write down some thoughts. I don't currently live within the City Limits of Kenai, but I have lived there and do care deeply for Kenai and about public health and safety. I have attached a letter regarding my opinion on the proposed smoking ban for public places in Kenai. I have attached my thoughts in a letter addressed to you. I thought it might be helpful. Maybe not. In any event, I felt that I should send it to you. Best Regards, Aaron Parker Chief Aaron Parker Yukon Delta Police Department P.O. Box 190, Emmonak, Alaska 99581 Ofc.907-949-1728 Fax.907-949-1361 Email: aaren_parker e-b d d oig ��R�KKM:k+k�:kM: rkx MKZMXrK+kFxfi�N::N>FM:�Wfira�wfi X:+&:kMk �::k+k:F�X:rt4�N:.:k�*i:k�Y::F:Fk q� Information in this communication may be confidential and for Law Enforcement pug noses only and may be legally privileged. This information is intended only fbr the use of iiu l i'SDii listed d—bu-'e. lr1 you are not the intended recipient. you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this communication is strictly prohibited. If you have received this communication in error contact the sender immediately at the above listed number or email address. • February 21, 2009 Dear Mr. Smalley, In the February 20, 2009 Peninsula Clarion Online issue, I read an article entitled, "Smoke ban foes fume in Kenai: council hears from some opposed to potential law." In this article I found some alarming comments that forced me to think hard about the relationship of personal rights as compared to public health. For some reason, I felt compelled to "process" this in writing. After writing these ideas down, I thought about sharing them with you. I strongly support the ban of smoking in public places. I hope that these thoughts would be of some value to you in your efforts. Recently, the US Center for Disease Control (CDC) issued an order to quarantine a man who had been infected with a particularly virulent and deadly form of Tuberculosis. Mark Hiller, Associate Professor of Health Management and Policy from the University of New Hampshire has commented on the recent order from the CDC. In his opinion, he stated, "It is a struggle to balance promoting and assuring the public's health and well-being while protecting individual rights and liberties." Hiller contended that even though the rights of an individual were a "long cherished" ideal in our society, that it must be viewed as secondary when a danger such as this virulent strain of tuberculosis exists. In this case, it is evident that the strain of tuberculosis referred to was very resistant to treatment and generally fatal to those who were infected. This in combination with the fact that tuberculosis is a highly contagious airborne pathogen makes this strain an especially dangerous threat to public health. There are obvious parallels between this dangerous disease and the disease processes that exist with exposure to second-hand smoke. However, the analogous relationship between the two does break down at some point. Nevertheless, there is value in comparing and contrasting these two dangers. It is evident that one of the primary distinctions between the two are that this strain of tuberculosis kills people quite fast and the dangers of second-hand smoke tend to kill much slower. However, the commonality between the two is obvious —they both compromise public health and have a demonstrated ability to be lethal to people who are exposed. In the case of the above referenced tuberculosis infection, it is incumbent upon the CDC , in order to ensure for public health, to take necessary steps to prevent this disease from propagating in the public— even though it required an imposition of a quarantine for this man and resulted in the restriction of the rights of this man to freely travel and be present in public areas. Now, I don't at all believe that it is necessary to impose a quarantine on everybody who smokes. But the fact that the chosen behavior of smoking may be a "right" for people to engage in does not also extend a "right" of that person to expose others to a dangerous and potentially lethal "pathogen" Nor would it be a "right of a person who chooses to engage in the chosen behavior of smoking to create such an environmental hazard that it would tend to curtail the "rights" of other people, not willing to be exposed to a lethal environment, from enjoying the freedom of access to public places. Such an imposition by smokers on people not willing to have their health or the health of their children to be endangered, is to say the least selfish. Additionally, it could be argued that intentionally exposing a person to second-hand smoke recklessly endangers that person, lust because second-hand smoke is slower in its process of its lethality, it is still proven to be dangerous and does cause both immediate and long-term danger to public health. To intentionally expose someone to the presence of a communicable disease such as AIDS or Hepatitis, is generally considered a criminal act. Why would intentional or reckless exposure of second-hand smoke be any different? For example, It is a "right" for me to consume alcoholic beverages. It is even a "right' for me to consume alcoholic beverages to such an extent that I would become impaired physically and that the effects of that consumption is damaging to my health. However, it is not a "right" of mine to consume alcoholic beverages to such an extent that I would become impaired and then drive a motor vehicle. To do so is reckless and willfully creates such a substantial risk to public safety that society through a representative form of government has determined that such behavior is illegal. If then, it is NOT a "right" of mine to willfully create a substantial risk to public safety through driving a motor vehicle while being impaired with alcohol, how then would it be a "right" for me to willfully create a substantial risk to public health by exposing a person to second-hand smoke? Now, I would not in a general sense, consider the individual smoker as being criminally culpable for "intent" in exposure of other people to second-hand smoke when it has been historically acceptable to smoke in public places or where the presence of second-hand smoke has in past history not been perceived as dangerous. However, as we grow as a society and learn about the world we live in, we learn and change to improve on the errors of the past. In the case of second-hand smoke we have learned much. it is largely indisputable and a strong body of scientific evidence makes it plain that second-hand smoke poses a real danger to the health and safety of the public at large. It may be considered "reckless" and negligent if in a representative form of government, that the government does not take some kind of action to protect the public from the dangers of second-hand smoke. It is a matter of oath and fiduciary responsibility for elected officials to protect the public. Protection is a primary function of government. In 2002, the National Highway Traffic Safety Administration reported that 17,419 persons were killed as a result of alcohol related traffic accidents of which 15,019 were as a result of a driver or non -occupant who had a blood alcohol content of .08 or greater," The resultant response to these types of statistics by local, state, and federal government entities have historically been stiffer laws, regulations, penalties, and other remedies to combat this horrific loss of life. In 2005, the CDC reported an estimated mortality rate of 38, 112 per year as a result of lung cancer, heart disease and related pathologies from second-hand smoking. "" It is interesting to note that the mortality rate of 38,112 second-hand smoke related deaths in 2005 is more than double that of the fatalities attributed to alcohol related motor vehicle accidental deaths reported in 2002. Yet with over double the lethality, it Is far more difficult to pass laws concerning second-hand smoke than it is to pass laws concerning drunk driving. According to the Peninsula Clarion article, one of the suggestions made at the Wednesday, February 18 City Council Meeting was that the Kenai City Council wait until smoking was 'illegal' before banning smoking in public places. This comment would be analogous to not creating laws to combat drunk driving until alcohol was illegal to consume. The two issues are separate. The legality of a person consuming alcohol and the irresponsible and reckless risk to public safety that driving under the influence of alcohol presents are based upon separate behaviors. The legality of smoking and the intentional or unintentional exposure to others of second-hand smoke are two separate behaviors. The argument that the government would need to wait until smoking was illegal to take measures to protect the public from the dangers of second-hand smoke is an unreasonable argument. One issue does not address the other. Another comment made in the article was that the intent of those bringing the issue of a smoking ban was driven by special interests groups and not from the general public of Kenai. I gave that some thought. It is obvious that CRA.R.R. has had a long standing opposition to a smoking ban in public places. Their active involvement in the debate in Anchorage is well documented. The comment made was interestingly brought by a person who by his own admission is an active participant in a "special interest group" and has actually served or is serving as its president. Nevertheless, special interest groups also represent a certain portion of society. The fact that Mothers Against Drunk Driving (MADD), a special interest group, would have a similar interest as I would as an Alaskan in consideration of increasing penalties for first time drunk drivers, does not devalue MADD's interests or my `locally driven" interest. I am a law enforcement officer in Alaska as well as a community member. In both capacities, I have had to deal with the horrible impact of drunk driving and its effect on society. Likewise, I am equally impacted by family who have struggled with disease processes as a result of smoking. The American Non -Smokers Rights Foundation is a non-profit organization that would support a ban on the presence of second-hand smoke in public places. While I had not heard of this organization until I found them on the internet this morning, it does not mean that this special interest group, a proponent of public health through the ban of smoking and second-hand smoke in public places, does not share similar values as I do on the subject. The Intent of someone who would use the negative connotation of a "special -interest group" to further his or her ideology after saying that they are the president of a "special -interest group" is at least - hypocritical. Regardless of a person's position on smoking, the argument that suggests that a person's rights are violated by a law that prohibits them from smoking in a public place when the law is designed to protect the public from a dangerous and potentially lethal environment of second-hand smoke is not a reasonable argument. Individual liberty does not extend to the compromise of another person's right, The thinking of such is selfish and not the basis of which the American social responsibility is founded. Eleanor Roosevelt spoke in France in 1948 on the topic of Human Rights. In a speech entitled, "The Struggle for Human Rights," Eleanor Roosevelt made an incredible statement on the value of the individual responsibility to protect the rights of others. "Naturally there must always be consideration of the rights of others; but in a democracy this is not a restriction. Indeed, in our democracies we make our freedoms secure because each of us is expected to respect the rights of others and we are free to make our own laws. Freedom for our peoples is not only a right, but also a tool. Freedom of speech, freedom of the press, freedom of information, freedom of assembly --these are not just abstract ideals to us; they are tools with which we create a way of life, a way of life in which we can enjoy freedom." While in this speech, Mrs. Roosevelt was discussing issues relating to Human Rights and its application to the Soviet Union, the exp c t other people's .,.rectatiar, a. respect a. ��„�, N�ople's rights has universal value. Here we see That it is a responsibility of each individual in our society, to respect the rights of others. Does an individual reasonably have a right to smoke in our society? Yes. Are there responsibilities that go along with the rights and liberties that we enjoy? Eleanor Roosevelt would suggest so and I am compelled to agree. To say that smoking in public is a right that needs to be protected regardless of the harm it causes another is completely antithetical to the notion of "responsibility" that Eleanor Roosevelt was communicating. If someone is going to smoke, it would seem to me that it would be very much the "American way" to be responsible with that "right" and not harm fellow Americans or others with the exercise of that right to smoke. Likewise, the exercise of the "right" to smoke should not exclude the "right" of others to have equal access to public areas in a community without the fear of harm, Smoking kills. Second-hand smoke kills. While I would agree it is a reasonable right to smoke, it is not reasonable nor morally responsible to expose anotherto the environmental hazards created by the exercise of such a right. Such an act could rationally be construed as selfish and does not contribute to a healthy way of life for our cities, states and our nation. Likewise, it is not responsible for government to condone policies that allow for such environmental hazards that result in sickness and death. -71- In closing, I would like to return to the tuberculosis contrast and comparison. There is one other contrast that I would like to note that exists between the tuberculosis threat and the dangers of second-hand smoke. The dangers and threats of second-hand smoke in public places are completely preventable. There is no greater tragedy than one that is preventable. I don't know if these thoughts are of any real value to you. But, it made me feel better, In any event, I hope that you are successful in your efforts to bring about a positive change in Kenai and see a smoking ban be imposed in public places in Kenai. Sincerely, Aaron Parker ' News-Medical.Net. (2007, June 1), Public health ethics expert on quarantine order for tuberculosis patient. Retrieved February 20, 2009, from News-Medical.Net; httij://ww%vnews-tiedicai.net/?id,25812 " Alert, A. (2008). Alcohol Alert. Retrieved February 20, 2009, from alcoholalert ccm; htto://w"!.alcohol aI ert .rnm/drunk-driving- stati stics-2002. htmi " U.S. Department of Health and Human Services, C. f. (2005, July 1). Annual Smoking -Attributable Mortality, Years of Potential Life Lost, and Productivity Losses --- United States, 1997-2001. " Roosevelt, E (1948, September 28). The Struggie for Human Rights. Paris, France. -72- Carol Freas From: Eric Myers [ericm@alaska.net] Sent: Monday, February 23, 2009 9:54 AM To: hvsmalley@yahoo.com; shoran@ci.soldotna.ak.us Cc: 'Dan Coffey' Subject: smokefree workplaces - re: arguments made by F Dahl, others February 23, 2009 Dear Councilmember Hal Smalley & Councilmember Shane Horan Having been involved in clean indoor air efforts over several years here in Alaska, I wanted to provide a bit more information to put the most recent arguments against smokefree workplaces by Frank Dahl and others into proper context Mr. Dahl and some others have objected to a smokefree workplace law arguing that it would regulate a "legal" activity. By this logic, one could say that driving is a "legal" activity and so drivers should not be prevented from driving how, when and where they wish to, even if their driving results in the Injury or death of others, likewise, shooting a gun is a legal activity. Again, the Dahl argument would be that individuals should be able to shoot their guns where ever or when ever they like, regardless of injury or harm to others. This line of argument is, of course, absurd. Nothing being proposed would prevent the legal activity in question (smoking), only ensure it is conducted in a manner that does not hurt others. This is reasonable and appropriate regulation of a dangerous activity that harms and kills others, not prohibition. Everyone's right to breathe would be protected while smokers would still be able to smoke, No personal rights would be lost while the most critical right (health) would, in fact, be protected. Rights are not without responsibilities. Those engaged in dangerous activities that threaten the health and welfare of others bear the burden of responsibility to not injure others. Former US Surgeon C. Everett Koop said it best more than two decades ago: "[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]." On a more personal level, I believe it should be recognized that Mr. Dahl has himself repeatedly demonstrated a reckless disregard for the health and safety of others. Mr. Dahl noted that he previously served as Chair of Anchorage CHARR but fails to mention he was forced to resign that position following his arrest, for a fifth time, for driving while intoxicated (see news article below). While there is a compelling case for government action to protect health and safety in an employment setting, there is no such thing as a business right to knowingly injure or harm workers. And Mr. Dahl is manifestly not someone to make a credible case that matters involving the life and safety of others should be left to the exercise of his judgment and discretion. With what we now know about the deadly harms caused by secondhand smoke, the time has come to act -- to prevent needless illness and death. This is the exact conclusion expressed in a powerful editorial that just recently appeared in the Winston-Salem Journal in North Carolina (see excerpts below): From deep within tobacco country, the Journal dramatically broke with its past to support smokefree workplace protections: "The dangers of second-hand smoke, once belittled, are now undeniable. It would be untenable for this newspaper, or this state, to fail to act on that knowledge." As well, Mr. Dahl has suggested that the recent economic downturn has dampened interest in local smokefree laws. This is not the case at all. I checked with the national American's for Non -Smokers' Rights, a non-profit that tracks this issue all over the country and there are communities across the nation enacting new laws. In terms of new local laws that have taken effect so far in 2009, the pace is on track to exceed last year. Indeed, if anything, the perspective of the Winston- Salem Journal should prevail: "The time has come.... The law protects workers from asbestos and other dangers. There's no reason it shouldn't protect them from smoke. With work hard to find, people shouldn't have to choose between their job and their health." It is noteworthy that the City of Sumpter in South Carolina recently became the 25th city in that state to enact a comprehensive smokefree law including bars. Certainly, if local governments in the heartland of the tobacco industry can muster the will to act and protect workers from secondhand smoke, it should be possible as well in Kenai and Soldotna. -73- I also would like to comment on what I regard to be one of the most confused and personally offensive arguments being made, specifically, the suggestion that a smokefree workplace ordinance is somehow "un-American" or unpatriotic. This is like calling a speed limit un-American because it limits "freedom". Private clubs operate as businesses and are subject to health and safety requirements the same as any other enterprise. There is nothing unpatriotic about safeguarding the life and health of workers from needless disease and premature death. Finally, I want to sincerely thank you both for having stepped forward to lead on this critical health issue. I know it is not an easy undertaking. But it is important and quite literally a chance to prevent needless suffering and death. Having observed the process in Anchorage, I would strongly encourage each of you to speak with Assemblyman Dan Coffey who was the prime sponsor of the smokefree workplace ordinance in Anchorage. I've spoken with Dan in the last waak and he would very much welcome a call from either of you - and I will cc him with this message as well. I worked very closely with Dan on the Anchorage ordinance and it took significant political courage on his part to stand firm and withstand the often times unpleasant attacks directed his way by irate smokers and agitated bar owners. But, as he patiently explained at the end of the lengthy and contentious hearing process when the ordinance was finally adopted by a strong majority of the Anchorage Assembly, the record is clear that this is a critical occupational and public health issue that must be addressed. As well, I am confident that he will tell you, as he has me, that he has found it to be a very meaningful and rewarding experience. With best personal regards, Eric Myers Chair, Keep Anchorage Workplaces Smokefree 9M "The time has come" WINSTON-SALEM JOURNAL - NORTH CAROLINA EDITORIAL STAFF Published: February 15, 20119 "For generations, the Winston-Salem Journal has been tied to tobacco, just as have so many other organizations and people in the city that the R.J. Reynolds Tobacco Co. helped build.... But starting today, with the full gravity of overwhelming medical evidence against second-hand smoke weighing on our judgment, we must break with the past and support further restrictions against smokers, in the interest of public health." 'But smokers' rights must end where those of nonsmokers -- whether they're children or coworkers — begin. The dangers of second-hand smoke, once belittled, are now undeniable. It would be untenable for this newspaper, or this state, to fall to act on that knowledge." "The time has come..., The law protects workers from asbestos and other dangers. There's no reason it shouldn't protect them from smoke. With work hard to find, people shouldn't have to choose between their job and their health." Kenai Peninsula Online http:ifwww.peninsulaclarion.com/stories/020602/aIs 020502alapm0020001.shtml Web posted Tuesday, February 5, 2002 Head of liquor lobby steps down citing publicity over DWI arrest ANCHORAGE (AP) -- The president of the Anchorage group that lobbies on behalf of bars, restaurants and liquor stores is stepping down, citing publicity about his most recent drunk driving arrest. Frank Dahl has headed the Anchorage Cabaret, Hotel, Restaurant & Retailers Association since helping to launch it a year ago. He was arrested Dec. 3 on a charge of driving while intoxicated. Prosecutors said he has four previous DWI convictions. Dahl said Monday that he is stepping down from the Anchorage group as well as the statewide organization because of publicity following his latest arrest. "For the good of Anchorage CHARR, i will resign as its president," Dahl said. He said he heard from about 20 people after his arrest was reported Feb. 1 on the front page of the Anchorage Daily News. About half those who contacted him said he should step aside as head of the group. "He's doing the right thing," said John Pattee, vice president of Anchorage CHARR and owner of the Gaslight Lounge and Avenue Bar. "He obviously cannot continue in this position, not with this hanging over him." The board plans to meet Wednesday afternoon on the matter, said Anchorage CHARR executive director Tom Anderson. Bob Persons, owner of the Double Musky Inn in Girdwood and a board member of statewide CHARR, said people in the liquor industry must uphold high standards. "In my opinion we sell the most destructive substance legally available and should be held accountable and should pay for the damage alcohol does through taxes," Persons said. Dahl is in outpatient treatment while awaiting resolution of his case. Dahl has two previous drunken driving convictions in Alaska that date to the 1970s and two in Wisconsin, in 1987 and 1996, municipal prosecutor Bruce Roberts said Monday. A fifth conviction, in 1990 in Minnesota, involved a refusal to take a breath test, Roberts said. In addition, a 2000 drunken driving charge in Anchorage was reduced to reckless driving. -75- �Y Rural Alaska Community Action Frogram, Ino. P.O. Box 200908, Anchorage, AK 99520-0905 (907) 279-2511 O Fax: (907) 275-2309 wwwxu ralca p.cam �"rAL Op" February 23, 2009 Pat Porter, Mayor City of Kenai 210'Fidalgo Avenue Kenai, AK 99611 RE: Smokefree Workplaces Dear Mayor Porter: The Rural Alaska Community Action Program, Inc. (RurAL CAP) is one of the largest and most diverse non- profit organizations in Alaska. As a statewide organization, RurAL CAP employed 732 Alaskans in 74 communities in our 2008 fiscal year, many of whom live and work in the Kenai Peninsula Region. The purpose of this letter is to draw your attention to a critical occupational and public health issue -exposure to secondhand smoke. Indoor exposure to secondhand smoke is recognized as a leading cause of preventable death, resulting in about 50,000 deaths per year in the United States. The enormous illness and death caused by secondhand smoke is both needless and preventable. RurAL CAP implemented a tobacco -free policy in 2007 which bans the use of tobacco products on all worksite property statewide. In keeping with our community health and wellness efforts, we support the elimination of smoking at all indoor workplace locations, including bars. Smokefree workplace policies do not result in adverse economic impacts and do not preclude smokers from smoking. Rather, such policies simply mean that people who wish to smoke .^o so at a time and location that does not force non-smokers to inhale known toxins that cause chronic disease. Smokefree workplace policies protect the rights of workers who are otherwise put into the position of having to choose between their economic security and their health. Throughout the many communities that we have served for more than 40 years, RurAL CAP is particularly aware of the enormous disease burden and suffering caused by tobacco use and exposure to secondhand smoke. Tobacco use and the resulting heart disease and cancer outcomes are especially high among the low-income populations we serve. Eliminating indoor smoking will protect workers and non-smokers and is a critical part of the comprehensive effort needed to reduce the staggering disease and death caused by tobacco products, Thank you in advance for your consideration of this important issue. Si cerely, David Hardenbergh, Executive Director cc: Catherine Clements, Community Development Division Director Jennifer L. Adzima, Grassroots Relationship Manager, American Cancer Society Healthy people, 5urPtainab1e,cmmunitiM Vibrant Cuituree Community Action Coalition 1''iv� !� ... PO Bow 1642 Kenai, :desire 9961 s Phone: FYI-PREV (907-398-`°s d) - Fax: February 23, 2009 Mayor Pat Porter Kenai City Council Dear Mayor Porter and Kenai City Council Members: IBM,i lgr The Community Action Coalition is committed to promoting healthy families and communities. Our mission is to reduce substance abuse through prevention, starting with our youth. We know from scientific research that a number of factors can put a person "at risk" for substance abuse, and that decreasing those risk factors does have a positive effect on reducing substance abuse. We also 'know from several years of collecting data' from our local youth that by 1.2°h grade, over 2/3 of them believe that laws and social norms favor drug use, including tobacco. Nearly half believe that drugs, including tobacco, are readily available. Both of these figures are showing an alarming increase, and both are above national.norms. Perception of social norms and laws, and availability of substances, are both key risk factors affecting a person's current and fixture risk of substance abuse and anti -social behaviors. There are many levels to the benefits of the proposed smoke -free workplace ordinance. The immediate health benefits are one. Secondhand smoke is. not just annoying. It has been scientifically proven that secondhand smoke is linked to lung cancer, heart disease, and serious respiratory illnesses. Secondhand smoke is responsible for killing approximately 50,000 Americans each year (between 90-120 per year in Alaska alone). There are more than 4,000 chemicals and 69 known carcinogens including formaldehyde, lead, arsenic, benzene, and radioactive poloni'mm 210 that we breathe nin from secondhand smoke. The 2006 U.S. Surgeon General's Report on. The Health Consequences of Involuntary Exposure to Secondhand Smoke concludes that "...involuntary exposure to secondhand smoke remains a serious public health hazard that can be prevented by malting homes, workplaces, and public places completely smoke -free." Another benefit is the impact on our youth, and upon the overall safety and health of our community. The evidence is overwhelming that smokefree laws both protect health and change social norms. In communities where smokefree laws are in place, youth initiation rates decrease and quit rates increase. Can we afford to put our youth, and through them, our community, at risk? Let's provide comprehensive protection for our citizens by making all public places smoke free. Yl etfully. Gillilan, Executive Director I prevention Needs Assessment, conducted by CAC in KPBSD among 6", S'h, 10, 12" grades in 2006 and 20G7. Over 700 respondents each survey. Summary available upon request. _77_ From: 02/25/2009 02:02 #083 P.0021002 M now central peninsula hospital ., � Mayor Pat Porter Kenai City Council 210 Fidalgo Ave, Kenai, Alaska 99611 Dear Mayor Porter and Kenai City Council Members: Central Peninsula Hospital (CPH) is dedicated to promoting wellness and providing high quality health care to our customers. It is our desire to Improve individual and community health. As such, CPH instituted a tobacco -free campus policy in September, 2005. We strongly believe that a 100% comprehensive smoke free workplace ordinance for the City of Kenai will complement our own tobacco -free status and make our existing policy easier to enforce. Secondhand smoke is recognized nationally as a leading cause of preventable death. As a matter of fact, secondhand smoke is responsible for killing approximately 50,000 Americans each year (between 90-120 per year in Alaska alone). In addition, Workplace exposure to secondhand smoke results in a higher risk of heart disease, cancer, and other respiratory diseases among non-smokers. Illnesses resulting from secondhand smoke lead to increased worker absenteeism, increase health insurance rates for businesses, and increased liability claims for diseases related to exposure to secondhand smoke, Al ving tc the 20W update of Tobacco Prevention and Control in Alaska, 90% of adult Alaskans believe that secondhand smoke is harmful and 80% of all adults believe that workplaces should be smoke free. Central Peninsula Hospital urges you to protect our citizens from the harmful effects of secondhand smoke by supporting a comprehensive smoke free workplace ordinance for the City of Kenai. Respectfully, (U--fit Ryan Smith, CEO Central Peninsula Hospital 250 Hospital Place, soldotna, AK 99669 - (907) 714.4404 - www.cpgh.org IN Carol Freas From: Corey and Tiffany Grimm [beachjunkyusa@gmaiLcoml Sent: Tuesday, February 24, 2009 3:15 PM To: Carol Freas Subject: Please deliver to all Council members and Mayor Porter -letter for smoking ban Attachments: Collaborated points to consider in regard to smoking ban.doc From Tiffany Grimm, local community advocate. Attatched is letter for council and Mayor in reference to smoking ban. Please deliver. Thank You Collaborated points to consider in regard to smoking ban: From Tiffany Grimm of Kenai, advocating for the community, in support of smoking ban in public places. February 22od , 2009 The main argument against a ban seems to be in regards to its inclusion of bars as a smolce free business. As arguments can swing back and forth I wait to point out that the bar issue is all that has raised significant opposition and problem with other smoking bans around the world, especially in the t3nited States. However, places such as Seattle and our own Anchorage have maintained success and even seen that revenue increased in bars regardless of the establishments becoming none smoking. The answer as to why is simply because there are more patrons that will start to go to bars if they become nonsmoking than will leave bars. Yet keep in mind that according to undisputable scientific evidence; people drink more while smoking... because the smoke causes the body to metabolize some of the alcohol before it reaches the blood stream. So ........ what does this mean if bars go none smoking`: People may: -get drunk faster and think they can drive home after their usual one drink like they used to -drink less in a shorter time if they have to take a break to smoke -or drink faster to finish their drink to go smoke If the bar issues is what is creating the most hold up, for a smoking ban I urge you to consider eliminating it for the time being and focus the ban on areas that will a5,%Ct and bene/it the general public rather than a small and somewhat opposing group such as bar owners and patrons. The ban should be focusing on our area all together... the places we shop, play, and treasure because it is what makes our home Alaska It should be about public places and anywhere the GENERAL PUBLIC gathers, whether for personal shopping, eating, or partaking in a local event. Why is the constant littering of cigarette butts being permitted everywhere: playgrounds, beaches, parking lots. It is tainting the beauty of our small Alaskan town, harming our wildlife, and costing money to local government and small businesses that try to clean it up. t In general, the population in opposition of a smoking ban is not near the majority and does not consist of the generations that are about to inherit this place or the young adults and. families that are or will decide whether this is the place they want to make their home, bring their business, raise their families, and focus their contributions. This population is in great support of it (some actually appalled we are behind times). These are the voices that must be listened to, for without making this place one that will keep and attract those populations than our town will dwindle vastly instead of growing. t Do we want to be known as a fiiendly town that upholds and instills courtesy and awareness of others in its citizens, and rewards and protects those interests? Or do we want to be known as a town that allows people to have no consideration to others, that is attractive mostly to those that want to live in a place that is fine with citizens doing as they wish with no regards to their community? I ask you to please answer this question for yourself and for the people you serve ... and then decide what is best for our community. t Remember it is not only a matter of health, or rights. It is a matter of protecting our home. Protecting if from litter, from the violations of others by those that have no consideration or concern. To insure that people act in a way that respects those around them instead of roaming about in disregard. That my fellow Alaskans is the issue. My understanding of the current legislation proposals is that they do not include public areas such as playgrounds, and customer by ways such as store fronts and their sidewalks. I urge you to quickly add to or start a legislation that will target these areas as they affect the entire community, especially those, including children and animals that have no voice or defense, victimized by disregarding and inconsiderate people. I wish to attend the meetings and hearing however am hesitant due to the rude and threatening behavior I have received from some individuals in situations in the past concerning this issue. It is unfortunate, and one more reason legislation needs to be put in place to hopefully change that. However I am dedicated first to my community so please contact me for my help or if you would like to request more information or my presence. Thanks You. Carol Freas From: Jennifer Olendorff [tcap@alaska.netj Sent: Tuesday, February 24, 2009 8:38 AM To: kenaimayori0@msn.com; rossrck@hotmail.com; mboyle@a!aska.com; bob@molloyforcouncil.com; hvsmalley@yahoo.com; barry_eldridge@yahoo.com; cpajoe@altrogco.com; Carol Frees Subject: FW: Thanks! Mayor Porter and Kenai City Council: I received this letter and was given permission by the author to forward it to you. Thank you. Jenny Olendcrff > -----Original Message ----- > From: Caswells [mailto:scaswell@alasl<a.net] > Sent: Tuesday, February 17, 2009 12:59 AM > To: tepc@peninsulasmokefree.com > Subject: Thanks! > Thanks for all the the hard work on this issue. I will unfortunately > be out of town on both council meeting dates, but certainly support > any effort to reduce or eliminate smoking. > > I began smoking in 1966, at age 13, and smoked heavily until 1991. I > have now been smoke free for 17+ years! And while I absolutely agree > with the premise that we must be vigilant against efforts to remove > our rights, the basic fact remains: Smokers HAVE no right, when it > comes to exhaling in a public place. Just as I would have no right > firing up an unmuffled chopper next to their bedroom at 6 am on a > Saturday morning, their rights end where I begin. > I've watched the efforts to point out the health risks, costs, > physical limitations and bother of trying to find a place to smoke, > all to no avail. We've tried to be nice, to be reasonable. Here is a > basic fact that cannot be denied: Smoking STINKS - literally! I > occasionally go out to a tavern to play or listen to music, or just > socialize, but not very often, and for good reason. I know that when > I get home (with burning, watery eyes) I will have to immediately wash > every item of clothing I have on, then shower and wash my hair before > I do anything else. I am SICK of it! Smoking establishments may fear > a loss of revenue from the smokers who say they'll stop patronizing > their establishments, but it must be remembered that there is a HUGE > cadre of potential clientele that don't express their views - because > they don't frequent those establishments DUE TO THE SMOKE! How many > people will"go out" more often, once we don't have to face the > reeking stench of endless chain-smoked cigarettes? > Wow. Sorry to spin out, but I have been thinking about this "Smoker's > rights" issue for some time. 1 -83- > I hope the ban is successful, but even more, I sincerely hope that ALL > smokers can find the resolve and support that they need to quit, for > good. > I know my life is unquestionably better for having done so. > Thank you again, > Steve Caswell > 262-3913 > No virus found in this incoming message. > Checked by AVG - www.avg.com > Version: 8.0.237 / Virus Database: 270.10:25/1955 - Release Date: > 02/17/09 07:07:00 February 25, 2009 Mayor Pat Porter Kenai City Council Dear Mayor Porter & Council Members: My name is Gina Delgaizo, and I am currently employed as a medical assistant at Frontier Natural Health. Prior to my employment at FNH, I was a bartender in an establishment south of Kenai. I loved my job, the bar owner, and my customers. What I could not tolerate was the secondhand smoke that I was forced to breathe every shift. I often complained about the smoke, but was never taken seriously. Finally, after working years as a bartender, I quit my job because I simply couldn't stand it anymore. I would go home with burning eyes and lungs and my clothes and hair stunk so badly that only washing them could take the odor away. I am distressed that bartenders are not protected by public policy. Bars are mandated to comply with many other health regulations, like sanitation requirements, food preparation requirements, etc. but we are not protected from a hazardous substance known to kill 50,000 nonsmoking Americans each year! Are bartenders worth "less" than accountants, teachers, or city employees? Breathing secondhand smoke should NOT be a ^ondition of employment anywhere. I respectfully urge you to consider worker health and require that all orkplaces be smokefree. Sincerely, Ono �uv I,y% jj 24 February 2009 /&/ ltr!" :7iH1ei16Y+iAli Jennifer Olendorff OF THE KENAI PENINSULA Program & Grant Coordinator Peninsula Smokefree Partnership PO Box 1612 Programs Office Soldotna AK 99669 709 Frontage Road Suite S Kenai, Alaska 99611 Dear Ms. Olendorff: 907.283.2882 Boys & Girls Clubs' focus on after -school academics, health and well 907.283,8190 Fax posit veplacetorkids.com being as well as moral compass are core values set forth by positive mentors to enhance life skills among our young members. Our Club club Locations members celebrate self, inclusion and diversity. Each of the Clubs Hoo^ er Kei conducts activities specific to local environmental stewardship and civic Kenai Teen Center duty for others. Nikaki Seldovm Seward Over the past twenty years our organization has successfully founded soldstna seven Clubs in major Peninsula cities. Each of the Clubs resides in or on borough property or city -owned facilities, which prohibit the use of smoking, drugs and/or alcohol. While we are driven by our mission's core values, our first priority is to provide safe, positive places for youth and teens during the out -of -school hours. I commend your efforts to effect change and to inspire youth to make healthy choices for themselves and their future. Sincerely, Bre ilgrhn erg Executive Director cornerstone contributors Conoc8Phillips by ce: Boys & Girls Clubs of the Kenai Peninsula Board of Directors The POSitNe Place For Kids DIRECTORS February 20, 2009 Kenai City Council Soldotna City Council Honorable City Council Members, Our association represents 20 organizations from across Alaska who provide substance abuse treatment services. We recognize that secondhand smoke is a leading cause of preventable death and illness in Alaska. As an organization that deals with addiction and wellness, we believe that ordinances which protect workers from the dangers of secondhand smoke are vital in our communities. We would like to encourage you to take this opportunity to provide safer smokefree workplaces for the health of your community. has been shown in Anchorage and other communities, both statewide and nationally, that such ordinances have had either a neutral or positive impact on businesses. Kenai and Soldotna can become leaders in this effort just as several other cities, states and countries that have enacted comprehensive smokefree policies. By enacting a comprehensive smokefree workplace ordinance you will be ensuring a communtity that supports wellness. By changing the social norms you will make it possible for fewer youth to initiate smoking and more youth and adults to quit smoking. Most importantly, you will reduce the illness and death associated with exposure to secondhand smoke. These things will make the businesses in your communities more attractive to visitors. From a wellness perspective this is a win -win for your cities and their residents. We support the Peninsula Smokefree Partnership and their efforts in kenai and Soldotna. Once again, I would like to take this opportunity to ask you to support the smokefree workplace ordinances that are before you. It is good for your businesses and your community as a whole. Respectfully, I�r�( ��"�. p`7" Cy..•��t� Anna K. Sappah, Executive Director P.O. Box 922580, Anchorage, AK 99509 (907)242-6608 sada@ak.net March 3, 2009 Dear Mayor Porter and Kenai City Council Members: It has been interesting the last several weeks to listen to the debate about the proposed Smokefree Workplace Ordinance; and while I can appreciate the concerns about individual rights and freedoms, I cannot wrap my mind around the idea that somehow I could have "a right" where it might mean harm to another. My parent's generation had no idea of the danger that tobacco was to their own health, let alone how SHS could negatively impact others. But we don't have that excuse anymore; we know how potentially harmful it is and with that knowledge comes a responsibility. Someone had mentioned in their testimony that the TATU teens should not be advocating for this ordinance because they are too young to smoke anyway— it is illegal for them. Yet, our offices are located in Bridges next to the pull tabs. In the afternoons, the secondhand smoke from next door permeates our offices and the conference room we share with Bridges. Regardless that our offices are smoke -free, we in effect are forced to "smoke" - even those individuals that may be underage. So, they can't legally smoke, yet it is legal for others to impose it upon them via secondhand smoke. Often we have to juggle our trainings and meetings to avoid being exposed to SHS. We are not the only ones in our building frustrated with this problem. Why should we sacrifice our right to breathe clean air when those who smoke could continue to smoke, just take it outside where their smoke doesn't impact others. There has been concern expressed about the economic impact on businesses currently allowing smoking. While they may lose some patrons, it is reasonable to expect they would stand to gain from the many potential patrons who have not given them business in the past because of the smoking environment. I have three adult children, two of which are college students. I don't need to convince them about the dangers of tobacco and it seems reasonable to them, if not expected, that places of employment protect workers from known health hazards. Their generation already "get's it". We, their parents and grandparents, are playing catch up, and while young people don't always appreciate what their elders have to say, you certainly have their attention when you are willing to say "We were wrong about that — we need to change... we will change". With the emphasis today on environmental issues and the rising economic burden of healthcare costs, many countries, states and municipalities have already enacted Smokefree workplace ordinances. "It's not a question of who will be next, but who will be last". I'd like us as a community to show our children that we are leaders in meeting these challenges. After sitting through several council meetings, I have a new appreciation for the courage and patience it takes to serve on the city council. Thank you! Sincerely, Susan Pfaffe Suggested by: Administration fie. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.240(c)(6) TO ALLOW AN EXTENSION FOR THE NINETY (90) DAY TIME LIMIT FOR SKIRTING IN MOBILE HOMES PLACED IN MOBILE HOME PARKS. WHEREAS, KMC 14.20.240(c)(6) provides that mobile homes placed in mobile home parks must be skirted within ninety (90) days of placement in the mobile home park; and, WHEREAS, during the winter months, the weather can make it difficult to skirt mobile homes placed in mobile home parks w thin the ninety (90) day period; and, WHEREAS, the Building Official should have the authority to grant an extension of the ninety (90) day period. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.240(c)(6) of the City of Kenai Code of Ordinances is hereby amended as follows: (6) Skirting. All mobile homes shall be skirted within ninety (90) days of placement in a mobile home park unless an extension is granted. The skirting shall be in such a manner as to withstand the elements and all access openings m skirting shall: be closed when not in use and made of solid panels. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day 18tn day of March, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Nm Tert Underlined; (DELETED Introduced: March 4, 2009 Adopted: March 18, 2009 Effective: April 18, 2009 BRACKETED] M ti St�r.i1L Nr +ytl,: 0.. 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. WHEREAS, KMC 14.20.240(c)(6) provides that mobile homes placed in mobile home parks must be skirted within ninety (90) days of placement in the mobile home park; and, WHEREAS, during the winter months, the weather can make it difficult to skirt mobile homes placed in mobile home parks within the, ninety (90) day period; and, WHEREAS, the Building Official should have the authority to grant an extension of the ninety (90) day period. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend KMC I4.20.240(c)(6) of the City of Kenai Code of Ordinances as follows: (6) Skirting. All mobile homes shall be skirted within ninety (90) days of placement in a mobile home park unless an extension is granted. The skirting shall be in such a manner as to withstand the elements and all access openings in skirting shall be closed when not in use and made of solid panels. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 25th day of February 2009. CHAIRMAN AWPES�: New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] [ . Suggested by: Administration 'N the u'yuf KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2392-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 21.05,085, AIRPORT FUEL FLOWAGE FEE. WHEREAS, the City of Kenai Municipal Airport budget for FY 2009 includes a fuel flowage fee of three cents ($0,03) for each gallon of aviation gasoline, motor vehicle gasoline, diesel fuel, kerosene, aviation jet fuel or like substances; and, WHEREAS, the quantity of fuel delivered to the Kenai Municipal Airport has exceeded the estimates on which the FY08 budget was based; and, WHEREAS, the fuel flowage fee can be reduced from three cents ($0.03) per gallon to two cents ($0.02) per gallon and achieve the revenue required to support airport maintenance, airport crash fire and rescue, and other required airport support activities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 21.05.085(a) be amended as follows: (a) Any person, firm or corporation who delivers aviation gasoline, motor vehicle gasoline, diesel fuel, kerosene, aviation jet fuel or like substance (hereafter referred to as fuel) to any person, firm or corporation at the Kenai Municipal Airport shall pay a fuel flowage fee of [THREE CENTS ($0.03)] two cents 1'$ 0,02; for each gallon of fuel. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: March 4, 2009 Adopted: March 18, 2009 Effective: May 1, 2009 New Text Underlined; (DELETED TEXT BRACKETED] i "Village with a Past C# witk a Fatar°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1992 4; of TO: City Council FROM: Rick Koch DATE: February 26, 2009 SUBJECT: Kenai Municipal Airport Fuel Flowage Fees The purpose of this memorandum is to provide information and recommend Council approval of an ordinance to lower the airport fuel flowage fee from there cents ($ 0.03) per gallon to two cents ($ 0.02) per gallon. As you may recall the airport has operated at a deficit from FY 2002 through FY2008, and had fees, leases and rents that were in most cases significantly below industry standards and what was charged at other similar Alaskan airports. We increased and instituted many fees and charges in order to begin to brhig our pricing structure in -line with other Alaskan airports and the industry in order to reduce our operational deficit. One of the fees instituted was a .ftiel flowage fee. The fuel flowage fee was estimated to produce approximately $ 75,000 of revenue based on an estimated volume of 2,500,000 gallons of fuel. The fuel flowage fee is based on all fuel delivered to the airport including but not limited to fuel that goes "into the wing" of aircraft, but also fuel that into "bulk fuel tanks" for re -sale at other locations. Through the first seven months (July 08-January 09) of the fiscal year the City has received $ 61,295.04 in revenue from fuel flowage fees based on 2,043,167.23 gallons of fuel, or an average of $ 8,756.43 and 291,881.03 gallons per month. If we project the monthly average over the twelve months of the fiscal year, total estimated fuel flowage revenues for FY 09 would be $ 105,077.16. Total estimated volume of fuel would be 3,502,596.36 gallons. am A reduction in fuel flowage fees by one cent for the remainder of FY 09 would decrease fuel flowage fees by an estimated $ 5,837.62 and for FY 10 would result in total. estimated revenues of $ 70,051.93, Administration recommends the reduction in fuel flowage fees as the services provided by the airport remain essentially unchanged by the increase in volume. If you have any questions please contact me at your convenience. 10 "'Village wA a fast C# witk a Fatare'r 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 �!o. Telephone: 907-283-7535 / FAX: 907-283-3014 1992 theu�nf KENAI, ALASKA TO: City Council FROM: Rick Koch DATE: February 26, 2009 SUBJECT: HEA Rental Agreement The purpose of this correspondence is to recommend Council approval of an amendment to the HEA rental agreement for office space at the Fire Training Center. On September 18, 2006 the City entered into arental agreement with HEA to provide HEA with approximately 3,800 square feet of office space in the Fire Training Center for $ 1.00 per square foot per month and a pro -rated share of the electric and natural gas utilities. The amendment makes the following changes: I. Extends the period of the rental agreement from September 1, 2009 through September 1, 2011. 2. Provides a process by which the rent is increased/decreased as a result of rate increases/decreases for electricity and natural gas. 3. HEA will construct a gravel surfaced parking at area for all HEA and HEA employees' vehicles. The parking area improvements will be paid for by HEA and owned by the City of Kenai. Administration has spoken with Mark Hylen of Beacon Occupational Training & Safety Services to determine if his organization was interested in renting this area. He informed me the area would be nice to be able to use but Beacon was not interested in renting the space. This rental and the rental of a smaller area to Chevron provides in excess of $ 50,000 per year in airport revenue. If you have any questions please contact me at your convenience. rrS I;�v�1►i�7�ii ��:illll1w_ Vl at fi�roawY That Rental Agreement between the CITY OF KENAI ("City"), whose address is 210 Fidatgo Avenue, Kenai, Alaska 99611 and Homer Electric Association ("HEA"), whose address is 3977 Lake Street, Homer AK 99603, dated September 18, 2006 for office space in the Alaska Fire Training Center at 450 Marathon Rd., Kenai, AK 99611 is hereby amended as follows: 1. 'Perm: The term of the rental agreement is extended until September 1, 2011, 2. Rent: Effective October 1, 2008 the rental rate shall be $3,812.35 per month based on a rate of $1.00 per squarefoot for 3,812.35 square feet. 3. Monthly Electric Fee: Effective October 1, 2008, in addition to the monthly rent HEA shall pay a monthly electrical utility fee of $0.19 per square foot for 3,812.35 square feet. For October 1, 2008 the rate shall be $0.19 times 3,812.35 for a total of $724.35 (0.19 x 3.812.35= i24.05). ThCFeafeL tlic tTtOiiitliy rate of $V.ly Shall ir1CTC;aSB Ul decrease according to the electrical cost paid by the City based on the percentage increase or decrease of what the City's electrical rates are as of the first of each month as compared to the rates of the preceding month. 4. Monthly Natural. Gas Fee. Effective October 1, 2008, in addition to the monthly rent and electric fee HEA shall pay a monthly natural gas fee of $0.11 per square foot for 3,812.35 square feet. For October 1, 2008 the rate shall be $0.11 times 3,812.35 for a total of $41.9.36 (0.11 x 3,812.35=$419.35). Thereafter, the monthly rate of $0.11. per AIQENDMENT TO LEASE - PAGE 1 OF 3 -91- square foot shall increase or decrease according to the natural, gas cost paid by the City based on the percentage increase or decrease of what the City's natural gas rate is as of the first of each month as compared to the preceding month. S. Construction of Parking Lot: HEA will construct gravel surfaced parking area for all HEA and HEA employees' vehicles in an area designated by the City of Kenai. The parking area and improvements will be paid for by HEA and owned by the City of Kenai. The City will provide snow removal services to the parking area. All the other terms and conditions of the rental agreement to remain the same. LAA� OIN CITY OF KENAI By: Rick R. Koch City Manager LESSEE: Horner Electric Association, Inc. By: Title: Approved as to form: AMENDMENT TO LEASE - PAGE 2 OF 3 M7 Cary R. Graves City Attorney (If Lessee is a Corporation) ATTEST: Name Title STATE OFALASKA } ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2008, Name: , Title: of 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 corporation. Notary Public for Alaska Ivry lA�iiuiiissior, Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2008, 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. AMENDMENT TO LEASE — PAGE 3 OF 3 Notary Public for Alaska My Commission Expires: -93- RETURN'PO: CITY OF KENAI 210 FidaIgo Avenue Kenai, AK 99611-7794 AMENDMENT TO LEASE — PAGE 4 OF 3 MUTUAL' TERMINATION OF LEASE AND ASSET PURCHASE AGREEMENT Section Cane -Recitals 1. This Mutual Termination of Lease and Asset Purchase Agreement is made by and between the City of Kenai (City), a home rule municipal corporation, City Hall, 210 Fidalgo, Renai, Alaska 99611, and the University of Alaska (University), a constitutional corporation organized under the laws of the State of Alaska, UA Land Management, 1815 Bragaw Street, Suite 101, Anchorage, Alaska 99508. 2. WHEREAS, the City and the University entered into a lease agreement (Lease) on the 16`;' day of May, 1991 that was recorded at Book 0382, Page 808 of the Kenai Recording District, Kenai, Alaska, and, 3. WHEREAS, that Lease was amended on September 9'h, 1991 and such amendment was recorded at Book 0389, Page 542 on the Kenai Recording District, Kenai, Alaska; and, 4. WHEREAS, that Lease was amended again on September I8"', 1996 and such amendment was recorded at Book 494, Page 260 of the Kenai Recording District, Kenai, Alaska: and. 5. WHEREAS, the amended legal description of the leased property (Premises) is: Tract A-1, Baron Park Subdivision No. 7 (a resubdivision of Tract A, Baron Park Subdivision No. 5), situated in the West half, Section 33, Township 6 North, Range 11 West, Seward Meridian, Kenai Recording District, State of Alaska, according to Plat 91-19, on April 1, 1991, EXCLUDING as follows: Beginning at the Southwest comer of Tract A-i Baron Park Subdivision No. 7, as shown on KRD Plat 91-19; Thence N 88121' 37" E, a distance of 807,79 feet along the Right of Way line of Magic Avenue to the True Point of Beginning; Thence N 01' 38' 23" W, a distance of 569.23 feet to a point; Thence N 88 ° 21' 37" E, a distance of 727.84 feet to a point and the easterly boundary of Tract A -I of said subdivision; Thence S 09 ° 43' 16" E, a distance of 597.34 to a point and the Southeast corner of said parcel; Thence S 88 ° 21' 37" W, a distance of 207.08 feet to a point and the end of R/W Cul-de-sac of Magic Avenue; Thence Northwesterly a distance of 110.71 feet along a curve concave to the Northwest having a radius of 50,00 feet, to a point; Thence S 88 ° 21' 37" W, a distance of 525.04 feet to the True Point of Beginning; Containing 10.00 Acres. Mutual Termination of Lease and Asset Purchase Agreement Page k -95- 6. WHEREAS, the University has constructed substantial improvements on the Premises; and, 7. WHEREAS, by mutual agreement the University and the City have decided to terminate the Lease with the City purchasing the improvements on the Premises as described in Exhibit 1 hereto; and, S. WHEREAS, the University has had an environmental assessment performed on the Premises as evidenced by the report titled Final Report on Phase I Environmental Site Assessment and Tank Removal Services MAPTS Kenai Land Lease Baron Parks Subdivision, Fire Addition Tract A -I -A Kenai, AK 99611, dated December 10, 2008 attached hereto as Exhibit 2 (Environmental Assessment). A copy of that Environmental Assessment was provided to the City for its review and comment on December 24, 2008; and, 9. WHEREAS, the University and City hereby agree as follows: Section Two -Lease Termination 10. In consideration of the mutual covenants contained herein and other valuable consideration received, and with the intent to be legally bound, the University and City mutually agree that the Lease is hereby terminated and cancelled. The University hereby releases to the City all right, title, and interest in and to the Premises it may have acquired by reason of the Lease. 11. The University has vacated the Premises and hereby surrenders possession to the City, free of all occupants or liens or encumbrances caused by it. The City hereby accepts possession of the Premises. sl. Except rGr en vl]'OnrnentaI ::(:Y1CaiYA;nat:on u1�t CCeii:eeu tl'1c''ieriri ✓: �iit _e^5 =- was not reasonably revealed by the Environmental Assessment, the City, its successors and assigns, and the University hereby release the other from any and all claims, causes of action, demands and liabilities of whatever nature in connection with the Lease or the Premises which either of them had., now has or hereafter may have. Section Three -Asset Purchase 13. The University hereby sells and transfers to the City the various improvements and assets currently located on the Premises, known hereinafter as the "acquired assets," under the terms and conditions set forth herein. The City hereby purchases and takes possession of the "acquired assets" offered for, sale with the Lease termination under the terms and conditions set forth herein. A list of the "acquired assets" is attached to this Agreement as Exhibit 1. Mutual Tennination of Lease and Asset Purchase Agreement Page 2 M 14. The City shall pay to the University THREE HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS ($325,000) in total consideration of the "acquired assets" and this Agreement. The University hereby acknowledges the receipt and sufficiency of the payment from the City. 15. The University warrants that it is the owner of and has good and marketable title to the "acquired assets" and that such "acquired assets" are free of liens and/or encumbrances. 16. The City agrees that it is purchasing and shall take possession of the "acquired assets" in their AS IS, WHERE IS condition. Furthermore, EXCEPT AS PROVIDED IN THIS AGREEMENT, THE UNIVERSITY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER CONCERNING THE ACQUIRED ASSETS INCLUDING (WITHOUT LIMITING THE GENERALITY OF THE FOREGOING) ANY WARRANTIES REGARDING THE CONDITION OR QUALITY OF ANY OR ALL OF THE ACQUIRED ASSETS AND ANY OR ALL IMPLIED WARRANTIES OF MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. Section Foam -General Provisions 17. This Agreement maybe amended, modified or supplemented only by written agreement of the parties. 18. Any provision of this Agreement that shall be prohibited or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability without validating the remaining provisions hereof. 19. This Agreement sets forth all of the promises, covenants, agreements, conditions and undertakings between the parties hereto with respect to the subject matter thereof, and supersedes all prior and contemporaneous agreements and undertakings, inducements or conditions, express or implied, oral or written. 20. This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. Venue for any litigation between the parties arising from this Agreement shall be in the State of Alaska, Third Judicial District, at Kenai. 21. This Agreement shall be in effect as of the date it is executed by the authorized representatives of both parties. If the parties execute the Agreement on different dates, the effective date shall be the date the second party signs the Agreement. 22. This Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto. 23. The representations, warranties and covenants contained herein shall survive the execution and delivery of the Agreement. Mutual Termination of Lease and Asset Purchase Agreement Page 3 24. This Agreement may be executed in one or more counterparts all of which when taken together constitute one and the same instruments. A signed counterpart is as binding as the original Date Date Mutual Termination of Lease and Asset Purchase Agreement CITY OF KENAI By: Rick R. Koch City Manager UNIVERSITY OF kL,ASKA Mari E. Montgomery Torer_.i—, ZJA Land. Management Page 4 M ACKNOWLEDGEMENT STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) 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: ACKNOWLEDGEMENT STATE OF ALASKA ) )ss THIRD JUDICIAL, DISTRICT ) THIS IS TO CERTIFY that on this day of , 2009, before me, the ltndeYji gPfed Hoary P1.LU1L4i, in ^11!4 for Ali ate, t.l Alaska,duly l.otillLjs:JneL. a.__I sworn as such, personally appeared to me MARI E. MONTGOME.RY, the Director of the Land Management office, University of Alaska, a corporation created under the Constitution and laws of the State of Alaska, and who acknowledged to me that she executed the within and foregoing document on behalf of said corporation by authority of its Board of Regents, as the voluntary act and deed of said corporation, for the uses and purposes stated therein. Notary Public for Alaska My Commission Expires: Mutual Termination of Lease and Asset Purchase Agreement Page 5 s Approved as to form by City of Kenai Attorney: Approved by the City of Kenai Finance Director: Approved by Kenai City Council on Carol Freas, City of Kenai Clerk Mutual Termination of Lease and Asset Purchase Agreement Page 6 -100- EXHIBIT 1 1. Water launch/recovery training apparatus (less the winch) located at pond. 2. Fire Training Burn Building, including electrical, mechanical, and control components. 3. Chain link fencing surrounding gravel pad (approximately 2 acres). 4. Gravel Pad. 5. Sanitary sewer, water, electrical and natural gas utility improvements and connections. G. Modular Classroom (+/- 1,000 s.Q. 7. Modular Bathroom & Showers (+/- 1,000 s.f). S. Confined space entry training apparatus. 9. Garage/Shop/Pump Building (+/- 800 sl), including electrical and mechanical systems. 10, All other items located on the Premises except for the following items. These items are not sold to the City and remain the property of the University: Three (3) forty -foot conex's, one (1) round escape pod/raft, one (1) winch used with the escape pod raft, one (1) fire engine, and one (1) 28' orange life craft survival vessel ("University Property"). The University Property may be stored on the Premises, at no cost, until August 1, 2009. On or before August 1, 2009, and v,:f'h at least 2 weeks' notice from the Uriivers'n,-, to T.l]P City, the City, at the City's sole cost and expense, shall relocate the University Property to a location of the University's choosing within 20 miles of the Premises. Mutual Termination of Lease and Asset Purchase Agreement Exhibit 1 -101- J� Aft, =JS Rick Koch, City Manager From: Gus Sandahl, Police Chief Date: 11 /10/08 Re: AST Traffic Team On November 6, Colonel Audie Holloway of the Alaska State Troopers contacted me to see if the Kenai Police Department would be interested in having an officer dedicated to a traffic team within the AST Bureau of Highway Patrol. This will be a newly established Bureau within the Alaska State Troopers, consisting of statewide traffic teams. There is nothing in writing at this time, and Colonel Holloway's call was just an initial inquiry as to whether the Kenai Police Department would be interested in participating on the traffic team. A formal Memorandum of Agreement will be tentatively available for signatures in the next 2 to 3 months. The proposal offers to expand the Kenai Police Department from 18 sworn officers to 19 officers. The traffic position will initially be i;nded through an Alaska Highway Safety Office grant, which AST will manage. Funding will cover costs of the traffic officer's salary, training, and equipment for a period of 2-5 years, after which time the City of Kenai would takeover funding of the �osition. A veteran officer will be assigned to the traffic team, while a newly hired officer (19` position) will receive field training and academy training to be a police officer in the City of Kenai. For the period of grant funding (2-5 years initially) the traffic officer will work under the primary supervision of the Alaska State Troopers chain of command. The immediate supervisor to the Peninsula traffic team will be a Trooper Sergeant. The team will consist of a Kenai officer, State Troopers, and possibly other law enforcement officers. In addition to performing proactive traffic enforcement, Officers/Troopers on the team will receive specialized training in major crash investigations, and will be primary investigators to fatal crashes; likely also investigating other major crashes. The team will shift their traffic enforcement efforts around the Kenai Peninsula, based on identified needs. e Page 1 s I support this initial proposal of the City of Kenai placing an officer on the Bureau of Highway Patrol. The City would benefit from having a highly trained traffic investigator and/or team to investigate serious crashes in Kenai. To adequately train a major crash investigator requires sending the officer out of state for several weeks; which has a significant impact on our training budget. Currently, the Kenai Police Department does not have a major crash investigator, nor do we have the technological equipment necessary to efficiently plot and map a major crash scene. A structured traffic team will target aggressive and impaired drivers, and enforce seatbelt laws. These efforts should lower the number of fatal crashes and serious injury crashes on the Kenai Peninsula, including within the City of Kenai. IfNVhen the time comes where AST has the manpower to fully staff the team after the grant period, the 19th officer could become a dedicated traffic enforcement officer in the City of Kenai. The City of Kenai would then have to fund the position. As the City of Kenai grows commercially, traffic congestion will inevitably increase, and call volume (traffic -related and crime -related) will likely increase, thereby increasing demands on existing police resources. When police resources are strained, proactive traffic enforcement diminishes, keeping aggressive driver's unchecked and thus our highways less safe. A dedicated traffic officer will ensure we are keeping up with our traffic enforcement responsibilities. I am requesting your permission to verbally tell Colonel Holloway that the City of Kenai is willing to move forward with a written Memorandum of Agreement regarding the Kenai Police Department dedicating an officer to this collaborative traffic safety effort. • Page 2 -103- This letter of agreement recognizes the need for coordination in and regulations in Alaska, specifically issues related to traffic.1 f;, agreement is entered into with the intent of promoting coopetu of Public Safety (DPS), Alaska State Troopers (AST), Bur }a of the Kenai Police Department (KPD). f It is recognized that Title 29 and 12.60.020 of of police forces, which has been done by the + duties pertaining to public safety. ent of state laws nent. This n the Department Patrol (BHP) and respects to f,ffrm all It is further recognized, Alaska Statut%18 65.090 authori% BPS to assist other departments of state, municipal and feetI overnments in' ,enforcement of criminal laws and regulations. DIPS and the KPDiu¢y=commitment ti3aCtive enforcement of laws and regulations, specifically issues 641pted-to 1e law en 'rcement in Alaska. The parties agree that one method of providing Vffectiv,,'e6` rr4 nt is the establishment of officers assigned to the enforce state.rfic laws a regulations, investigate fatal and major injury cra d ap��i in publ cducatian programs, and investigate other crimes encountered Ile condg traffic laAenforcement on a statewide, regional and local basis. �B x �'` ' The parties a9MI191y"at estaQli,',3,ing ictional partnership will enhance the presence q1ftMafi 'dot ford anf pfforks through high visibilify sustained enforcement, better utriization of avail res&' "' s, increased communications, data driven enforcement proq*`; ,,and improve'""' grdinati vided by a unified direction and balanced traffic safety effo � The goal of f%t ,,agreefn'ent is to facilitate the following activities: 111 a) Pre"v'O%fatalities d reduce major injury crashes through traffic law -enforcement prograf Alaa. ��` b) Gather staticcal data related to traffic safety and use such data to develop effective enorcement programs in Alaska. c) Conduct impaired driving apprehension and prevention programs, improve the use of occupant protection devices through enforcement and education programs, coordinate aggressive driving and speeding enforcement and improve youth driving behaviors. Throughout the life of this program, the goals will be reviewed on a regular basis and are subject to modification to best meet the needs of the state and local communities to include identified traffic safety issues outlined in the Alaska Strategic Highway Safety Plan. 1of3 This partnership will encourage the involvement of additional agencies and jurisdictions in cooperative enforcement and prosecutorial efforts whenever possible. In order to facilitate a more efficient utilization of resources, both parties agree that a formal Letter of Agreement would be beneficial to establish and support the temporary addition of KPD officers to BHP Parties to this letter agree: 1) The BHP shall conduct traffic law enforcement pro police agencies with traffic law enforcement. Sups members while conducting traffic law enforcement the control of the BHP Commander and the cost 2) One officer from KPD will be assigned to6 "BHP ✓'. Trooper Sergeant. The KPD officer shelf' ande command and report to the officer's immediN4,w officer's agency supervisor will complete that ow input provided by the assignedPPP sergeant. 3) DPS/AST/BHP agrees to provide' r, benefits. KPD will provide basic p�rsoi ammunition, handcuffs, baton, OC s1 r through their first y MEMO', BHP will ah f,� f� , officer. a % t% /^ 4) DPS/AST/B - rovid ffice space, computer, and in will pr at for aska and assist other direction of BHP tide shall be under wised by an"Aoftka Stc l " department's "e„ of "dr%,on any curreflf events. The performance evaluation with ' "4ert[me, including ni ding duty -issue weapons, pst and will be reimbursed maintain a vehicle for the t" ing all utilities, a work area, a ttr' supplies, as needed. Secure evidence r, BHP and all items of evidence will remain a cell phone, however the officer will be nal calls. 5) D ' �bST/BHP will p } ide tr�'vel and per diem at the State rate for the officer travels ,,outside their ssigned area on authorized BHP programs. 1,; bf 6) DPS/AS?'% agrees to provide KPD officer with specialized training to include but not limited t6'grash investigation. 7) DPS/AST/BHRand KPD agree to share all statistical data and case reports on investigations conducted within the perspective officer's municipal area and jurisdiction. 8) Any seizures or forfeitures produced by the BHP will be shared in an equitable manner by the state and the participating agencies. It is agreed that the BHP members and KPD will coordinate completion of all asset forfeiture paperwork with the BHP Administrative Supervisor. 2of3 -105- 9) The State agrees to defend, indemnify, and hold harmless the KPD officer assigned to BHP and KPD in the same manner and to the same extent the State protects itself and its employees from any claim, demand, suit for property damages or personal injury including death allegedly caused by the KPD officer if: a) at the time of the occurrence he/she was acting in good faith within the course and scope of their BHP duties and in accordance with the directions of the BHP Team Leader; b) the KPD officer provides immediate notice to the State#"anylaim; c) the KPD officer and KPD cooperate in the defense�bndrof stipulate to any judgments or settlements without the State's appW,_ Val BHP will supervise all operations. Approval of overtjfa'e shall remain they onsibility of BHP supervisor. The KPD supervisor of the KP[ ,o car will address all of >~�, aersonnel issues not covered in this agreement. r '' 11,114' TERM OF AGREEMENT The term of this agreement' q j1 be from the date of signature by the participating agency representatives for a period of ` ; s. BHP will continue to provide funding for the KPD officer as lid; 5 the federal f `rf is available. BHP will continue to apply for federal funding on '�rI` basis. This, Arm�ent can be dissolved with a 60 day written notice signed by the`aartiaf%f agency's presentative. �f 1 r'i. + f %t/ •,' lA /l��nffi Alaska State TrodPe ff r- Kenai Police Department K Ili State 3 of -106- Chief Gus Sandahl Kenai Police Chief Date Signed i r r y y 2009SPECIAL MEETING CITY HALL COUNCIL CHAMBERS ►► u � ►: � 7i3 Zr1+1:111 ITEM 3: a. Discussion -- Naming of No Name Creek Application b. Discussion -- Placement of Metal Gazebo C. Discussion -- Community Gardens ITEM'. 4: COMMISSION QUESTIONS & COMMENTS -107- SPECIAL MEETING FEBRUARY 24,2009 COUNCILCITY HALL i 1 CHAIR DALE SANDAHL,PRESIDING ill Chair Sandahl called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Commissioners present: D. Sandahl, K. McDonald, T. Wortham. L. Magiera, J. Beeson, N. Kiefer Commissioners absent: A. Hull Staff/Council Liaison present: Parks and Recreation Director B. Frates, Public Works Director W. Ogle, Council Member J. Moore A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner McDonald MOVED to approve the agenda as presented and Commissioner Wortham SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: NEW BUSINESS 3-a. Discussion -- Naming of No -Name Creek Application Frates reported the State Office of History and Archaeology had received an application to name the creek known as No -Name Creek that is adjacent to the Wal-Mart property and were seeking comments from the city and other organizations, noting the comment period gave the public the opportunity for endorsement or objection. Debbie Sonberg, Applicant -- Gave background information on the request, noting giving the creek an identity was her first goal. Sasha Lindgren, Kenaitze Indian Tribe -- Reported her Tribal Council would be meeting on February 27, 2009 to vote on a Dena'ina name for the creek. Susan Wells, Kenaitze Tribe Member and Teacher at Kenai Middle School -- Spoke in support of a Dena`ina name noting natural and cultural resources were important to the Tribe in the naming of features. I11.. sT I �e: 1.: . Commissioner Beeson MOVED to postpone recommendation for the naming process until the Tribal Council had met. Commissioner McDonald SECONDED the motion. There were no objections. SO ORDERED. 3-b. Discussion -- Placement of Metal Gazebo Frates reported the city was the recipient of a metal gazebo compliments of Scott Harriman with Metal Magic and a suitable Iocation needed to be identified. Four locations were discussed including the field across from Wal-Mart, the potential park area off Marathon Road, the Kenai Park Strip and the area east of the Senior Center, Commissioner Beeson noted the area near the Senior Center was a high traffic area throughout the summer months and would be a good choice. MOTION: Commissioner McDonald MOVED to support locating the gazebo near the Senior Center and Commissioner Magiera SECONDED the motion. There were no objections. SO ORDERED. 3-c. Discussion -- Community Gardens Frates gave a brief introduction of the Community Gardens and the operation of the program, noting the number of participants ranged from eight to sixteen over the ,years. Frates reported the question was raised as to whether or not this was the best use for this property and asked if the Commission felt the program should continue. Commissioner comments included: • Questioned if there were conflicts with events such as Industry Appreciation. • The fence had been moved north two years ago to accommodate large events • Fabric weed deterrent could be laid to unused beds. • The garden was important to the people using it and was not a big expense to the City. MOTION: Commissioner McDonald MOVED to recommend continuing the Community Garden program and Commissioner Wortham SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: COMMISSION QUESTIONS & COMMENTS PARKS AND RECREATION SPECIAL MEETING FEBRUARY 24, 2009 PAGE 2 -109- Council Member Moore noted he had recently participated in a mini -grant discussion with Kaleidoscope School on possibly seeding the area across from Wal-Mart with wild flowers and perhaps planting trees. McDonald noted the area would be nice for benches in the future. ITEM S: ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at apprwdmately 7:50 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PARKS AND RECREATION SPECIAL MEETING FEBRUARY 24, 2009 PAGE 3 -110- CITY OF KENAI PLANNING chi ZONING COMMISSION AGENDA CITY COUNCIL CLAMBERS February 25, 2009 - 7:00 p.m. 1. CALL TO ORDER: 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. *February 11, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09-03 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactrnent of KMC 14.20.255 establishing a process for the regulation and establishment and placement of communications towers within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide that communications towers/antennas are a conditional use in the CMU zone (Postponed from January 28, 2009. b. PZ09-07 - An application for a Conditional Use Permit to operate a Gift Shop from the property known as Lot 4, Nealsand Subdivision (1111 Fox Avenue), Kenai, Alaska. Application submitted by Jack & Jeanne .Hayes, 1111 Fox Avenue, Kenai, Alaska 99611. a PZ,09-08 — 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. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: -111- a. PZ07-25 — Recommending Council enact KJMC 9.10.015 to require dumpsters be screened on at least three sides. 9. REPORTS: a. City Council b, Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: -112- P.M.PLANNING & ZONING COMMISSION 0.CITY COUNCIL CHAMBERS MINUTES ITEM 1: CALL TO ORDER Vice Chair Romain called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. 1-h. Agenda Approval R. Wells, P. Bryson, K. Rogers, J. Brockman, K. Koester, S. Romain J. Twait City Planner M. Kebschull, Council Member R. Molloy Commissioner Brookman read the requested changes to the agenda as follows: ADD: 1-d. E-mail from Jeff Twait S-a. E-mail from Jacqueline McCarthy 5-b. E-mail from Clifford Smith 8-c. Proposed Amendment to KMC 14.25 Landscape Site Plan Commissioner Brookman MOVED to approve the agenda with the addition of the lay downs and requested UNANIMOUS CONSENT. Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Koester MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences -- Approved by consent agenda. Jeff Twait -113- *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 -- February 11, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OP PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ09-03 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a process for the regulation and establishment and placement of communications towers within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide that communications towers/antennas are a conditional use in the CMU zone (Postponed from January 28, 2009. Kebschull reviewed the staff report included in the packet, requesting postponement again until the resolution had been revised by administration. MOTION: Commissioner Bryson MOVED to return PZ09-03 back to public hearing. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. Romain read the rules for public hearing and opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Wells MOVED to postpone PZ09-03 and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED, 5-b. PZ09-07 - An application for a Conditional Use Permit to operate a Gift Shop from the property known as Lot 4, Nealsand Subdivision (1111 Fox Avenue), Kenai, Alaska. Application submitted by Jack & Jeanne Hayes, 1111 Fox Avenue, Kenai, Alaska 99611. Kebschull reviewed the staff report included in the packet. Romain opened the meeting to public hearing. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 25, 2009 PAGE 2 -114- Amber Kuhns, 714 Linwood Lane, Kenai -- Spoke in opposition to the permit due to possible increased traffic. Jeanne Hayes, 1111 Fox Avenue, Kenai -- Applicant showed items for sale and noted she would only be open a few days a week. There being no further comments, the public hearing was closed. NTFi Commissioner Bryson MOVED to approve PZ09-07 and Commissioner Koester SECONDED the motion. 1 Wells YES Twait� EXCUSED B son YES Rogers YES I Brockman I YES Koester YES I omain I YES Romain read the rules for the appeal process procedure. S-c. 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. Kebschull reviewed the staff report included in the packet, noting this would allow for extensions that were the same for building permits. Romain opened the meeting to public hearing. There being no comments, the public hearing was closed. purelima Commissioner Koester MOVED to approve PZ09-08 and Commissioner Brockman SECONDED the motion. Wells YES Twait j EXCUSED Bryson YES Rogers YES i Brookman YES - I Koester J YES ( Romain AYES PLANNING AND ZONING COMMISSION MEETING FEBRUARY 25, 2009 PAGE 3 -115- ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None S-a. PZ07-25 - Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 9-a. City Council -- Council Member Molloy reviewed the action agenda items from the February 18, 2009 City Council Meeting, included in the packet. 9-b. Borough Planning -- Bryson reviewed the agenda from the February 23, 2009 Borough Planning Commission meeting. 9-c. Administration -- Kebschull reviewed information in the packet regarding uses within the Limited Commercial zone, noted there would be a work session on the Limited Commercial zone on April 8, 2009, and a plat of the new cemetery area would be discussed at the March 11, 2009 meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS -- None ITEM 12: COMMISSIONER COMMENTS &s QUESTIONS -- None ITEM 13: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:40 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING FEBRUARY 25, 2009 PAGE 4 -116- MINI -GRANT STEERING COMMITTEE MEETING FEBRUARP.M.19, 2009 4:00 5 CLERK/COUNCIL CONFERENCE ROOM KENAI CITY HALL ITEM 1: CALL TO ORDER & ROLL CALL ITEM 3: AGENDA APPROVAL ITEM 4: MEETING SUMMARY -- May 22, 2008 ITEM 5: OLD BUSINESS a. Discussion -- Uncompleted Projects 1. KCHS Workforce Development Center "Steel Salmon" 2. Kenai Chamber of Commerce "Old Town Signage" 3. Kenai Visitors 8, Convention Bureau "50rh Anniversary Logo Design" ITEM 6: NEW BUSINESS a. Review of Applications -- Kaleidoscope School of Arts & Sciences/ °Kolor the Kenai I1" ITEM 6: ANNOUNCEMENTS ITEM 7: ADJOURNMENT -117- MINI -GRANT STEERING COMMITTEE MEETING FEBRUARY 19, 2009 4:00 P.M. CLERK/COUNCIL CONFERENCE ROOM KENAI CITY" HALL VICE -CHAIR LOREN REESE, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Vice -Chair Reese called the meeting to order at approximately 4:05 p.m. Roll was confirmed as follows: Members present: T. Baldridge, T. Wisniewsld, L. Reese, and P. Carty Members absent: P. Porter Staff/Council Liaison present: Council Member J. Moore A quorum was present. ITEM 2: ELECTION OF CHAIR & VICE -CHAIR MOTION: Member Carty MOVED to nominate Pat Porter as chair and Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. MOTION: Committee Member Carty MOVED to nominate Tim Wisniewsld as Vice -Chair and Committee Member Bal ridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: AGENDA APPROVAL MOTION: Member Carty MOVED to approve the agenda as presented and Member Wisniewsld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: MEETING SUMMARY -- May 22, 2008 MOTION: Member Carty MOVED to approve the meeting summary of May 22, 2008 as presented and Member Wisniewsld SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: OLD BUSINESS -118- 5-a. Discussion -- Uncompleted Projects Committee members reviewed the project update information included in the meeting packet and made the following recommendations: 5-al. KCHS Workforce Development Center "Steel Salmon" -- Reese reported he spoke with Mr. Schoessler related to the project and learned, after a tip for the plasma cutter was received, the project was expected to be completed by the end of the school year. No Committee action was taken. 5-a2. Kenai Chamber of Commerce "Old Town Signage" -- Member Baldridge reported an additional post was needed to hold the directional signs. She would be checking with the Planning & Zoning Department to learn whether the Chamber's sign permit would need to be adjusted to allow for the second post. No Committee action was taken. 5-a3. Kenai Visitors & Convention Bureau "50th Anniversary Logo Design" -- It was reported, this project did not move forward. Committee requested a letter be forwarded to the Bureau to indicate the application would be closed. MOTION: Member Carty MOVED to accept the Committee recommendations related to the projects and Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. V 6-a. Review of Applications -- Kaleidoscope School of Arts & Sciences/"Kolor the Kenai II" Because a City beautification project in the same area would be considered by the Parks & Recreation Commission at its February 24, 2009 special meeting and some coordination between the City and the applicant could be needed, the membership recommended the application be reviewed again at the next Committee meeting (April). Member Carty MOVED to table action on the application until the April Committee meeting. Member Wisniewski SECONDED the motion. There were no objections. Staff was requested to send a letter to the applicant noting the tabling of the application, etc. ITEM 6: -- None. -119- MINI -GRANT STEERING COMMITTEE FEBRUARY 19, 2009 PAGE 2 ITEM 7: ADJOURNMENT MOTION: Member Carty MOVED to adjourn and Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting adjourned at approximately 4:30 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk -120- MINI -GRANT STEERING COMMITTEE FEBRUARY 19, 2009 PAGE 3 ADVISORY CEMETERY COMMITTEE FEBRUARY 19, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. November 20, 2008 b. January 15, 2009 ITEM 4: PERSONS SCHEDULED TO BE BEARD ITEM 5: OLD BUSINESS a. Discussion -- Review of Consolidated Design Suggestions ITEM 6: NEW BUSINESS a. Discussion -- FY10 Budget (clearing, fencing, etc.) ITEM 7: REPORT a. Committee Chair b. Director C, Cite Council Liaison ITEM 8: COMMITTEE MEMBER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for January 21 and February 4, 2009. ITEM 11: -121- FEBRUARY 11• CITY COUNCIL CHAMBERS 1 0 P.M. PRESIDINGCHAIR E.J. ELDER, MEETING SUMMARY Chair Elder called the meeting to order at approximately 7:10 p.m. Roll was confirmed as follows: Committee Members present: B. Elder, J. Buffington, R. Harrison Committee Members absent: K. Mohn Staff/Council Liaison present: Parks & Recreation Director B. Frates, Public Works Director W. Ogle, Mayor P. Porter A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Committee Member Buffington MOVED to approve the agenda as presented and Committee Member Harrison SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY 3-a. November 20, 2008 3-b. January 15, 2009 MOTION: Committee Member Buffington MOVED to approve the meeting summaries of November 20, 2008 and January 15, 2009. Committee Member Harrison SECONDED the motion. There were no objections. SO ORDERED. 5-a. Discussion -- Review of Consolidated Design Suggestions Elder reviewed the consolidated design ideas and requested additions and suggestions. -122- Committee Member comments included: • Desired open areas with pockets of trees. • Parking needs and roads through the cemetery need addressing. • Whether there needed to be restricted road access unless a memorial service was occurring. • Vandalism concerns were discussed. Frates noted he would contact the Anchorage cemetery director and research prices for a landscape architect. 6-a. Discussion -- FY10 Budget (clearing, fencing, etc.) Frates noted the current budget included $38,900 for surveying, $10,000 for design work, and added quite a few trees may need to be cut due to airport height restrictions. ITEM 7: REPORT 7-a. Committee Chair -- Elder reported he was happy with the progress the committee was making. 7-b. Director -- Frates reported on Soldotna's efforts to develop a cemetery. 7-c. City Council Liaison -- Porter reviewed the budget timeline, proposed smoking ordinance, and gave updates on Wal-Mart and the Bluff Erosion project. ITEM 8: COMMITTEE MEMBER COMMENTS AND QUESTIONS -- None ITEM 9: PERSONS NOT SCHEDULED TO BE 'BEARD Herb Stettler, Kenai VFW — Referred to the Ketchikan cemetery and noted he liked the idea of clear cutting and incorporating flat headstones; then distributed photographs which were discussed. ITEM 10: 10-a. Kenai City Council Meeting Action Agendas for January 21 and February 4, 2009. ITEM 11: MOTION: ADVISORY CEMETERY COMMITTEE MEETING FEBRUARY 19, 2009 PAGE 2 -123- Commissioner Buffington MOVED to adjourn and Commissioner Harrison SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:05 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk ADVISORY CEMETERY COMMITTEE MEETING FEBRUARY 19, 2009 PAGE 3 SMA REPORT rOr CITY MANAGER tr' h EG1C L[i]l D f February 20, 2009 "Villa e wiek a Past CiwNa Fa ure 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us During recent meetings concern was expressed regarding some permitted uses in the Limited Commercial zone. These included Restaurants, Dormitories/Boarding Houses, and Personal Services. Administration is proposing an amendment to the Land Use Table that would change these uses from Permitted to requiring a Conditional Use Permit. In addition, the Planning Department has been contacted with questions relating to tattoo parlors. This use has not been listed in the Land Use Table. Under the proposed amendment, tattoo parlors would be added to the list of Personal Services in Footnote 25, After reviewing the Land Use Table, Administration is also recommending that tattoo parlors become Conditional Use in the Townsite Historic zone. There have also been discussions relating to concerns regarding landscaping/site plan requirements and buffers between residential and commercial zones and concerns regarding possible increased traffic in residential areas due to commercial activities. Both of these issues are addressed in a proposed amendment to the Landscape/Site Plan regulations. The City of Kenai is requesting comments regarding these proposed changes. The comment period will run through March 30, 2009. On April 8th, the Planning and Zoning Commission will hold a work session on the proposed amendment. The work session will take place immediately following the regular meeting in City Council Chambers. Comments that have been received will be provided to the Commission. Attached is a copy of the proposed amendments. If you have comments or suggestions regarding the proposed amendments, please a 283-8235, email at mkebschull(@ci.kenai.ak.us, Avenue, Kenai, Alaska. If your schedule allows, Sincerely, Marilyn K. Kebschull, AICP Planner, City of Kenai Attachments intact me. I can be reached by phone at facsimile at 283-3014, or by mail at 210 Fidalgo plan to attend the work session on April 8`n. -126- 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) CAOTE F PERSONAL SERVICES, RESTAURANTS AND DORMITORIES/B'FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAIMITED COMMERCIAL ZONE (LC) AND 2) ADDING LANGUA5 TO CLARIFY THAT TATTOO PARLORS ARE PERSONALO REQUIRING THEMTO HAVE A CONDITIONAL USEZONE. WHEREAS, currently the Land Use Table in. restaurants and dormitories/boarding hous a Principal Permitted Use (P); and, WHEREAS, requiring a conditional allow for greater public input regar WHEREAS, it is in the best interest of permit for such uses in the LC Zone; a WHEREAS, tattoo permitted use in t WHEREAS, it is i n'the conditional use permits NOW, it the "A" allows Zone as for su es in the LC Zone would uses in th Zgi2e; and, to xMuire a conditional use and as such are a principal of Kenai to require tattoo parlors to get IT O N BY THE COUNCIL OF THE CITY OF KENAI, Kenai of Ordinances is hereby amended as shown. on OF THE CITY OF KENAI, ALASKA, this * day of 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: NeWrext Underlined; [DELETED TEXT BRACKETED] -127- Ordinance No. *-2009 AttacIzment "A' Page I of 4 14. 22.010 Land use tabRe. LAMA USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N =N'ot Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RRt RS RSE H,S2 RU CC Cc M Hi ED R TSH LC CMU One Family Dwelling 1 C't P P P P P P Pa' S' Sx Sz Ct' P P P Sr/C'r Two/Three Family Dwelling l C" P P P P P P P" S' C C C'"- P P P �S'/C'� Pour Family Dwelling Cis P C' P N N P P" S1 C C 0' N P C S'lC'r Five/Six Family Dwelling C18 C' N P N N P Pat S' C C N N P C. SI/Ca' Sevon or More Family Dwelling C18 Cs N Ct N N P P" Si C C N N P C S'IC" Townhouses' C18. C C C i C C C C C C C C` C C C C Mobile Home Parks' N C C I C C C C C C C C A N C N C C i Planned Unit Residential Development' CH C C C C C C C C ., C ?; C C C C CONMEFRCIAL LAND USES C RR RR RS RSI R82 RL' CC CG IL IH ED R 'TSH LC CMU Automotive Sales N C C N I N j N C P P{ P P N N N N P !Automotive Service Stations N C C N N I N C P p P p N C —N! N t P Banks N C C C N N C P P P C N C C C P -Business/Consumer Services N C C C N N C P P P C N C C" ( C P Guide Service N C C C N N C P P P P N P P C P (Hotels/Motets N C C C N N C P P P C N C P C P 'Longo N C C C N NI C P P P C I N P P C P Professional Offices N C C C N PP P P P N C P P P Restauants N C C C N 9NT:: C P P P C N C C [Pj P Retail Business N26 C C C N N C P P P P S'" S'" C C P Wholesale Business N C C 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 51 "� Ordinance No. *-2009 Attachment "A" Page 3 of 4 KEY, P= Principal Permitted 173e C = Conditional Use S = Secondary Use N = Not Permitted 14.22.010 LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS i LAND USES C RR RR1 RS RS1 R62 RU CC Cfv 11, 1H FD R TSH LC CMU Gunsmithing, Printing, N C j C C C( C C P P P 7 N C P P P Taxidermy Assemblies1b (Large: C C C C C C C Pis Pu Pu C P N P1' Circuses, Pairs, Em.) , Fratemal Organizations/ N C C C C C C P P P C N C P C P Private Clubs/Social Halls I and Union Balls 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 C P P Perking, Public Iots'c C C C C C C C C C C C C C C i C C Pers'oval Services''' C C C C C C C P P P P C C P's (P] P j Radm/rV Transmitters/Cell P P C C C C C P P P P P C C C P Recreational Vehicle Parks C C C C N N C C C C C N C C N C Subsurface Extraction of C C C C C C C C C C C i N C N N N Natural Resourees16 Surface Extraction of C C C C N N C N C C C N C N N N Natural Resources �' See 42 USCA Sec. 2000m (Religious Land Use and Institutionalized Persons Act of 2000) See 42 Telecommunications Act of 1996, See. 704(a) *"* See, however, the limitations imposed under KNIC 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fi^nting on collector streets acid major highways. Comtnercial or industrial which falls under the landscaping/site 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 salve 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 shallbe the same as for principal uses in the RR zone; '.. d. '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 part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Homes" section. -129- 0 CITY OF KENAI Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, KMC 14.25.040(b) BY REQUIRING A SIX-FOOT HIGH WOOD MASONRY WALL BE CONSTRUCTED TO SHIELD BETWEEN COMMERCIAL USES; 2) KMC 14.25.045 BY PROVIDING T TO RESIDENTIAL ZONE SHOULD PROVIDE INGRESS E TRAFFIC AWAY FROM RESIDENTIAL STREETS AND PR F DEVELOPMENTS MAY BE REQUIRED TO PROVID 14.25.070 BY PROVIDING A MECHANISM TO AP O P WHEREAS, the City of Kenai has adopted 14.25; and, WHEREAS, in order to provide a better buffer development within the City of Ken oc should be required as a shield betwe WHEREAS, commercial development a e to provide that tr:coy fro WHEREAS, someopment roads in order tond more WHEREAS, KMC 14.25 variance fro dsca NOW, REFORE, that the City E I regulations. high wo hal and ,. AMENDING: 1) ^E OR TIAI, AND ERTY ADJACENT TO ROUTE UT SOME 'D 3) KMC KMC and commercial or masonry wall d areas; and, zone should be designed ; and, be required to provide frontage 1t traffic flow; and, for a developer to apply for a b BY THE COUNCIL OF THE CITY OF KENAI, of Ordinances is hereby amended as shown in OF THE CITY OF KENAI, ALASKA, this day of 2009. PAT PORTER, MAYOR Introduced: 2009 Adopted: 2009 Effective: 2009 New Text Underlined; IDELETED TEXT BRACKETEDI -130- Section I 14.25.040 Landscaping plan —Performance criteria. (a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of- way, and parking lot landscaping must be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer landscaping maybe desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping adjacent to residential zones shall have landscaping bedsibuffers that meet all of the following minimum standards: I. Landscaping Beds. Minimum of ten feet (10') in width along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. [A SIX-FOOT (6') HIGH WOOD FENCE OR MASONRY WALL MAY BE USED IN PLACE OF FIVE FEET (5) OF THE REQUIRED BED WIDTH.] 2, Screening A six-foot (6') high wood fence or masonry wall must be constructed to shield between residential and commercial uses. Where a fence or wall has been. constructed under this subsection, the landscaping bed required under subsection (b)(1) above may be natural vegetation. 3 j2.j Ground Cover. One hundred percent (100%) within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. 4.F3.1 Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (c) Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. Ordinance No. *2009 Attachment "A" Page 1 of 3 -131- (i) Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (0 Dumpstem Dumpsters must be screened with a sight -obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. (2) Access. Properties adjacent to residential zones should provide ingress and egress to ensure commercial traffic is routed away from residential streets. Access should be from an arterial street. Developments may be required to develop frontage roads and are encouraged to consolidate existing access points. Section III 14.25.070 Modifications — Variances. Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this chapter impractical and that the modification is in conformity with the intent and purposes of this chapter (b) An applicant may apply for a variance from the requirements of this chapter using the process and standards set out in KMC 14,20.180. Ordinance No. *2009 Attachment "A" Page 3 of 3 -132- Easy Peel Labels � 1 A, See [maruetion Sheet 1 � ['�, � p5f60® Use Avery'& TEMPLATE 59fi6® eel !Feed Paper for Easy PFeaturel Alaska Mental Health Trust Authority 3745 Community Park Loop Ste 200 Anchorage, AK 99508 Beauchamp, Marcia PO Box 54 Soldotna, AK 99669 Buzzell, JoAn 381 Senior Ct., #102 Kenai, AK 99611 Cheeseman, Karen & Allyn PO Box 2944 Kenai, AK 99611 Daniels, Greg 326 Rogers Rd. Kenai, AK 99611 Dustin, Dennis PO Box 209 4nchor Point, AK 99556 EZ Management LLC �O Box 3293 Kenai, AK 99611 Frazer, Leonor 315 South Kobuck Avenue, Suite B Soldotna, AK 99669 ;luth, Heather 209 Princess St. <enai, AK 99611 -cunt, Ernest & Rhonda 111 Cinderella St. <enai, AK 99611 Anderson, Scott Askin, Marty PO Box 302 PO Box 178 Soldotna, AK 99669 Kenai, AK 99611 Beck, Mary 308 Princess St, Kenai, AK 99611 Carlson, Ronald 310 Princess St. Kenai, AK 99611 City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Daniels, Jarrod & LeAnn 305 Hutto St. Kenai, AK 99611 Espy, Rory & Rebecca 903 Magic Ave. Kenai, AK 99611 Falkenberg, Cecil & Patricia PO Box 3293 Kenai, Al( 99611 Gerke, Eric PO Box 21077 Anaktuvuk Pass, AK 99721 Gonzalez, Robert 5088 Beaver Loop Rd, 92 Kenai, AK 99611 Jackson, Roger 46715 Spruce Haven St. Kenai, AK 99611 Bisset, Marc & Lois 309 Castle Ct. Kenai, AK 99611 Chase, Bianca 403 Cinderella St. Kenai, AK 99611 Clifford, Glen PO Box 245 Kenai, AK 99611 Dix, Kevin & Robin PO Box 1719 Kenai, AK 99611 Espy, Roy & Janine 403 McCollum Dr. Kenai, AK 99611 Feeken,Glenda 10672 Kenai Spur Hwy. Kenai, AK 99611 Gilman, Blaine 216 Susieanna St. Kenai, AK 99621 Grace Brethren Church of Kenai Alaska 406 McCollum Dr. Kenai, AK 99611 James, Sherri 303 Cinderella St. Kenai, AK 99611 ftlqu faz6fesApaler A, —133— Consulter lafeuille vnswsaverysorn 68tnBie®v tle exakan'�4 dxwrav'e RighO Sams da chaS'9be3 pnt r@'nn<fr„rkirnn ?_2Ma.^.n,_da1XPV r i ® See Instruction Sheet i C� ase Reel Labels ® �BS'866�® i is@ Av@ey®TEoifiPl:A'i'IE "sk6®® �° df@@d Paper for Easy @'@eE I:@atuee� ti � nes, Danielle Kamstra, Atta Kelso, Richard & Kelly )' derella St. 910 Bench Ct. PO Box 2518 mat, AK 99611 Anchorage, AK 99504 Kenai, AK 99611 =nai New Life Assembly of God Inc. Kenai Peninsula Borough Kinney, Norma )9 Princess St. 144 N Binkley St. 610 Magic Ave. >nai, AK 99611 Soldotna, AK 99669 Kenai, AK 99611 auder, Peter LaShot, Billy Jack L'Heureux, Barb )6 Peterson Way PO Box 473 309 "B" Hutto St. =nai, AK 99611 Kenai, AK 99611 Kenai, AK 99611 tapes, Steven Moore, Shawn Osborn, Bill 0 Box 3461 611 Magic Ave. PO Box 3003 enai, AK 99611 Kenai, AK 99611 Kenai, AK 99611 achelli, Leta Patterson, Bobby & Carolyn Platt, Daniel & Katherine 237 W. State Rd 1585 PO Box 3515 306 Hutto St. �valland, TX 79336 Kenai, AK 99611 Kenai, AK 99611 hodes, Chris Rickman, Steven Rogers, Ramon & Karen 0 Box 526 49630 Rexs Rd, PO Box 3308 toper Larding, .AK 99572 Soldotna, AK 99669 Kenai, AK 99611 chmidt, Kristine Schrag, Mark Sonberg, Russell & Deborah 10 S. Willow Street, Suite 101 312 Princess St. 410 Cinderella St. enai, AK 99611 Kenai, AK 99611 Kenai, AK 99611 pence, Dave - KPBSD Steiner, Steve Stromberg, Richard 48 N. Binkley 4192 Beaver Loop Rd. 21 Chandler St. oldotna, AK 99669 Kenai, AK 99611 Tomahawk, WI 54487 tuart, Billy, Sylvia & Larasu Superintendent, KPBSO VanHaden, Margie 01 McCollum Dr. 148 N. Binkley 309 Cinderella St. ;enai, AK 99611 Soldotna, AK 99669 Kenai, AK 99611 V-' Mart TRS LLC Wannamaker, Keliie Ward, Walt, Colleen & Wally 'L:_. �x 8050 PO Box 1848 708 Magic Ave. ientanville, AR 72712 Kenai, AK 99611 Kenai, AK 99611 -� 34- Consuttex la feullie wwwaveeycom Etioj@f@&k�s faCPt@$ h �BeIeE' ....eWn _._�. �fo� P�.�.. .t��0.......�. .w m.n m9nin..Anem66rtm. WSRAANTPr `Ae$SPKB3iY Wilk, Gloria Wik, Kaario & Ginger Williams, Stanley PO Box 2444 9199 Kenai Spur Hwy. 6110 St. Kenai, AK 99611 Kenai, AK 99611 Anchorage, AK 99S01 Wilshusen, Justin & Jessica 306 Hutto St. Kenai, AK 99611 Wright, Donald 604 McCollum Dr. #A Kenai, AK 99611 Winegarden, Chuck 309 Princess St. Kenai, AK 99611 Zagorski, Ray PO Box 1456 Kenai, AK 99611 Wortham, Todd PO Box 1284 Kenai, AK 99611 -135- IR4 9 "Village wdk a Past, Ci° A a Fatar°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 IMe d KE w TO: Mayor/Council Members FROM: Carol L. Freas, City' Cl i DATE: February 20, 2009 RE: 10ATGRANT PROJECT UPDATES www.ci.kenai.ak.us As required by the Together We Can! City of Kenai Mini -Grant, attached are copies of final project reports for the following completed mini -grants Grant No. 2 -- Submitted by Ashley Rediske, Historical Mural Paintings, Grant No. 3 -- Submitted by Kenai Fine Arts Center, Bench/Directional Sign. Grant No. 5 -- Submitted by Kenai Chamber of Commerce, Old Town Signage Project. Grant No. 6 -- Submitted by Kaleidoscope School, "Kolor the Kenai." The final project reports include the description of the project, costs involved and how the mini -grant funds were used. elf Attachments -137- Mini -Grant Report Form (clue within 80 days of project completion.) f z i„ Name of Group/Individual: t 1C.1`1 k E s t,E� UJ ContactName: Mailing Address: Phone: N3"-2U�a 2fiz - y; Email: Describe the cornDleted Grant Number: lW2 Date Received:_3IP5106 Attach photo and documentation. kke." p,vss,a� 3 t nthx:'h�'C.nr a-,4?A-�_ 2. How dad you use the grant funds? 3. How successful was your 4. who assisted with your project? 9 Cj.v�'V�ykr W"u- Statement: Following submittal of the brief written report and all expense receipts being turned in to the city of Kenai's Mini -Grant Steering Committee, the final grant (ten percent, 10%) will be paid. c Signature:�- (Print): f tSh i.:� .t► �6+" Date: Zl 9 240-7- Return this form/receipts to: P N \ Kenai City Clerk 210 Ffdalgo Avenue (/�,• Kenai, AK 29611-7794 [`ffi` the a�• SKA ESs�t KEk � SKR -138- -139- j City of Kenai r Mini -Grant Report I Form (Due within 30 days of project completion.) Grant 'Dumber: � ✓, ( Date Received: /31/"7 Name of Group/Individual: &4f Contact Name: (Y)6 V-Gi c Mailing Address: 0 er,,a i_ Phone: ,r-yw 3 Email: 1: Describe the completed documentation. Attach photo and docuentation. 2. I -low did you use the grant funds? 3. How successful was your project? 4. VVho assisted with your project? i Statement: Following submittal of the brief written report and all expense receipts being turned in to the city of Kenai's Mini -Grant Steering Committee, the final grant (t� cen , 10%) will be paid. Signature' " (Print): /ha er'ea r� edict » Date- r e-/ 2-4 A, Return this form/receipts to: Kenai City Clerk 210 Fidalgo Avenue Kenai, AK 99611-7794 -140- , /l w-eaP- ,91" Y/w"o 11. 0-13o- f 02.5 ,St, JVdot72a, Ak 99669 Phone (907) 260-6953 iT tx (907) 394-2010 arrt�n:r>Z�liuuc;sulca.s/:a.rvet November 2, 2006 Kenai Fine Arts Center 816 Cook Ave. Kenai, AK 99611 Bill ofdelivery, The Kenai Fine Arts Center owes Michael Atkins $350.00 for the delivery of the Bear Bench. Sincerely, Michaekl Atkins / Signature t.'!f /6 4 -141- sm From:KENAI CHAMBER OF COWWERCE. 907 283 7183 S i Name of Group/individuals Contact Name:An De _ mailing Address: phone: Q(71 W-;,- $Y°t 2/27/2007 17:31 #117 P.002/003 City of Kenai ®ni-Grant Report Form {Due within 30 days of project completion.) Grant 'Number:_ Date Received: - Statement. Fallowing submittal of the brief written report and all expense receipts being turned in to the city of Kenai's Mini -Grant Steering Committee, the final gr tetel per nt , oo be paid. Signature: (print): I - Date: (2,- 2 t —Ln Return this foam/receipts toc lfeaai city clerk 21e Fidalge Avenue Benxi. Alf 99611-7794 -143- ��FC�' r x r �'" ^,.u, i w From: KENAI CHAMBER OF COMMERCE, 907 283 7183 O1/1_7f2OO8 16:38 #184 P.004fG04 ADDRESS PHONE DATE IN - DATE UE h maw®6c�g 1 1001 MCIV I oruri HIGHWAY, SUITED • KENAI, ALASKA 99611 OLIANTrr�Yy+ OEECRIP ION uwr COST PRIOE } 70 n 172 /' Ju _---- SCREEN CHARGES CUSTOM ARTWORK i ARTWORK PREP Sao/HouR 1 3110 C& SIONATURV DISCOUNTS SUBTOTAL SALES TAX 3 �� TOTAL 7 DEPOSIT BALANCE % FRONT LAYOUT BACK LAYOUT -145- COPY / ADDITIONAL INSTRUCTIONS 7 FRONT LAYOUT m Bach LAYOU sm City of Kenai Mini -Grant Report Form (Due within 30 days of project completion.) Grant Number: # Date Received: �5 0 _ Name o Contact Mailing Phone: 3. How successful was Statement: Following submittal of the brief written report and all expense receipts being turned in to the city of Kenai's Mini -Grant Steering Committee, the final grant (ten percent, 10%) will be paid. Signature: (Print): Date: Return this form/receipts to: Kenai City Clerk 210 Fidalgo Avenue Kenai, AK 99611-7794 -147- THE HOME DEPOT 8938 10480 SPUR HIGHWAY KENAI, AK 99611 NICK ERICKSON--STORE MGR (907) 283-2228 8938 00004 32187 09/10/08 SALE 11 KM89E5 02:33 PM 072547101502 SUPERSOIL 46.99 072547095245 SUPERSOIL 45.77 SUBTOTAL 12.76 SALES TAX 0.77 TOTAL $13,n xXXXX)(XXXXXX1764 DEBIT AUTH CODE 862443 t� 38 g2187lf09/1 lll2008�I7548I �I 8938 04 ..2187 09110/2008 75A8 RETURN POLICY DEFINITION$ A POLICY ID SDDAYS PO12/09EXPIRES ON /2008 THE HOME DEPOT RESERVES THE RIGHT TO LIMIT / DENY RETURNS. PLEASE SEE THE RETURN POLICY SIGN IN STORES FOR DETAILS. NEED IT INSTALLED? 1-800-HOMEDEPOT WWW,HOMEDEPOT.COM/INSTAL!_ r:z'Kxx'k kxxM%'Nn %'axxxx xxr: xYxk`%n xx xx %k x'k xXR ENTER FOR A CHANCE TO WIN A $5.DOC) HOME DCEPOT ARDt SIFT Your Opinion Counts? Complete the brief survey about your store+ visit and enter for a chance to win at: www.homedepot.com/opinion 1PARTICIPE EN UNA tOPalUNAI�TARDJETDR DsA`--hiAR REDS $5 DE iD DCYY dSu Opinion Cuenta! Complete is breve encuesta sabre su vlsila a la Venda y large la oportunided de ganar on: www.homedepot.ccm/opinion lUseer- ID 73601 64667 Password 8460 64663 Entries must be entered by 1 / 0/2008, Entrants must be 18 or otde` 914-cer. See complete rules on website. No Purchase $230.50 DEBIT CARD AUTO #�:** **** **1 76 Auth # 838270 Lane # 06 Checker # 118 08/15J08 15:33 Ref # 062092 lOS75 KENAI—SPUR HWY KENAI , AK 99611 907-283—SS77 TAX EXEMPT MOOS BALANCE DUE $230.50 GARDEN ------------ LARGE OAK PLANTER BA 4 $35.95 EA $143.80 1 N XLARGE OAK PLANTER B 2 @ $43.35 EA $230,50 1 N Debit Card [S] **** *** **# **} 764 EXP. DATE: 00/2000 Seq. # = 836270 $0.00 CHANGE TAX -CODE TAXABLE-VAL TAX-VO UE TOTAL TAX TAX FORGIVEN $13.83 ------------------------------------ CASHIER NAME: MATTHEW C0118 #0096 16:33:44 16AUG2008 S00050 R006 RETURNS MUST BE WITHING 30 DAYS OF PURCHASE THANK INYOUXAFOR RCPT, SHOPPING WITH US PLEASE CALL FOR FUR�H ASSISTA65 7 RYAN MAGEE (STORE RAPP!! iHOME DEPOT 8938 THE 10460 SPUR HIGHNAY KENAI, AK 99Eil1 NICK ERICKSON__STORE MGR (901) 283 09/iD�08 8938 00001 02905 SALE 11 KIM229 09:57 AM ,* 093497254254 BULBS 'A' 7,94 2@3.97 3,97 093497254216 BULBS 'A' 43.97 038398001057 VEE08LOCK 'A' 6.97 093497254360 GLADS 'A' 093497254018 FREESIA `A' Ty4 9g.9 2t@9.97 093497254377 OLADSUBTOYELLO Kk4 69'76 SALES TAX D'C0 TAX EXEMPT TOTAL $69.76 XXXXXXXXxXXX1764 DEBIT 69.7E AUTHODE262044 11111�il313 �llll�lill�illi4�ll�lll!I�lllIllli RETURN POLICY SEXPIRES ON A POLICY ID D90AY12109/2008 THE HOME DEP^vT E RES °:ES THE RIuH TO LIRETURN POLICYTSIGN INLSTORESEFOR DETAILS. NEED IT INSTALLED? 1-B00-HOMEDEPOT WWW,HOMEDEPOI,COM/INSTALL ENTER FOR A CHANCE TO wIN _A $5 , 000 HOME OCEPO GIFT Your opinion tslCOgtoreevisit the brief survey about and enter for a chance to win at: www.homedepot.com/opinion F�Na PARTICT-PE E GAJNA NAR OPONIDADETA ONAC)E E`i GAL-O DE CIE :6'✓' 000 HE7 ISU Opinion Cuenta! Complete Is breve ancuesta sobrortunidadtdeaganariOn:ehdv tenga to op www.homedepot.com/opinion Un- 7, 100 �ca37 ' Irlinki I I INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 4, 2009 1. 3/4/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. 2/2-3/09 Public Works Department, Project Status Report. 3. 2/25/09 B. Molloy memorandum with suggested amendments to KMC 14,20.270. 4. 3/3/09 Kenai Peninsula Borough Assembly Meeting Agenda. -153- PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: MARCH 4, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT NC MACHINERY _ BRACKETS, ETC. SHOP OPERATING SUPPLIES 4,435.23 PORTABLE DISPLAYS FOR EXHIBITS AND ACI DESIGNS COMMERCE DISPLAYS WISIGNAGE AIRFIELD SMALL TOOLS 3,628.00 BRIGGS MACHINE GRADER PARTS SHOP OPERATING SUPPLIES 3,068.88 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 6,000.00 CONNIE'S FLOWERS PLANTING OF CIRCLE PLANTERS BEAUTIFICATION REPAIRS & MAINT. 4,569A7 I A/NC/F/ City Cmtact Project NaMe sip A=Active NC-Non-Constructlon RK- Rick Koch F=future WO -Wayne Ogle S71P=State Trans. Imp LF - Larry Floyd status A WO Airport Runway Safety Project complete except for re -painting. Zone/Extension Completion 6115/09. A WO AP Apron Rehabilitation Wince-Corthell-Bryson is engineering. A WO Courthouse Parking Lot Bid opening 3124/09 at 2 p.m. A RK Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring wells. A WO Library Expansion ECI11-1yer, Inc. issued schematic design report 2/25/09. A WO Marathon Rd. Impr. Phase II - Baron Park &.HEA Access Road. HDL engineering. A RK iv"iaratiivn Road hiiprOVe enis Finai cumpiciiun uy 6/i 5/09. Winter shutdown. A WO Runway Safety Imp: Taxiways Bid opening 3/24/09 at 1 p.m. F,G,H Lighting, Grading, Drainage A WO S. Ames & Basin View Way Public meeting 2126/09. Bid opening 3/24109 at 3 Paving LID p.m. A WO Thompson Park LID Project complete except for minor items in spring. A LF Vintage Pointe Dry Pipe Bid opening 313109 at 2 p.m. Sprinkler System Replacement A LF Vintage Pointe Window Bid opening 313109 at 2 p.m. Replacement Wednesday, February 25, 2009 Page 1 of 2 -155- A/NC/F1 City Contaot Project Name Status Si1P RK Water System WO Wildwood Drive Improvements WO Contaminated Soils - Shop HDL is investigating further in vicinity of Well House 2, Preliminary engineering complete, ROW issues. Project on hold, Further work In progress Wednesday, February 25, 2009 Page 2 of 2 -156- MEMO TO: Mayor, Council, Administration & City Planner FROM: Bob Molloy DATE: 02-25-09(� SUBJECT: Information Item Standards for Approval Amendments to KMC 14.20.270 Amendment procedures, Paragraph (c) Amendment Procedure: Standards for Rezone Application. During a recent Council meeting, I expressed concerns over the lack of written standards in the Kenai Zoning Code, to guide the Planning Commission and the City Council in making decisions on rezoning applications. I reviewed zoning ordinances from other Alaska municipalities, and found that several municipalities had zoning codes that contained specific standards for deciding rezoning applications. I selected some rezoning criteria from the those codes, such as the Palmer Municipal Code and the Anchorage Municipal Code, then plat together these ideas for amendments to ICMC 14,20.270 Amendment procedures, Paragraph (c) Amendment Procedure:, that are presented here as an information item. The part of KMC 14.20.270 that is proposed to be amended - Paragraph (c) Amendment Procedure:, subparagraphs (3), (4), and (5) — appears on page 3 of this memo. My intent is to work with Legal in order to put these ideas into an ordinance format for introduction at Council at the 03-18-09 meeting, then the draft ordinance would be sent to the Planning & Zoning Commission for public hearing and for the Commission's study and recommendations to Council, and with Administration's/Planner's recommendations also to be solicited. Revisions to Limited Commercial Zone. Council members, Planning Commission members, and others, have expressed concerns over the extent of permitted uses, and landscaping issues in 'die existing Limited Commercial Zone. The Administration has drafted ordinances which appear to be an effort to address the extent of permitted uses and landscaping issues relating to the existing Limited Commercial Zone. I understand that these Administration -drafted ordinances will be sent to Planning & Zoning Commission for public hearing and for the Commission's study and recommendations to Council, and then these ordinances may be brought to Council in some form. I hope that my proposed ordinance on amending the Zoning Code to add standards for rezoning applications can follow the same timeline to the Planning Commission and back to Council, as the Administration -drafted ordinances relating to the Limited Commercial Zone and landscaping. It is my understanding that Administration's timeline on those ordinances has a suggested work session at the 04-08-09 meeting of the Planning Commission, with public hearing at the 04-22-09 meeting of the Planning Commission. -157- Ideas for amendment: KMC 14.20.270 Amendment procedures, Paragraph (c) Amendment Procedure:, is amended as follows: 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (I) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non-refundable deposit/ advertising fee one hundred dollars ($ 100.00) and any other pertinent information requested by the City. (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this -2- chapter, (3) Standards for approval. An amendment may be approved only if it is in the best interests of the public. considering the following factors: (D The proposed amendment furthers the goals and policies of, and is consistent with. the comprehensive plan: ii) The proposed amendment is consistent with the public health. safety. welfare and convenience: iii Public facilities such as schools utilities and streets are adegaate to support the proposed amendment, (v_)�The monosed amendment does not grant a special privilege to the applicant or owners of the land to which the amendment applies: (vii) The proposed amendment is not opposed or protested by one-third (1 /3rd) or more of the property owners and lessees of the land to which the amendment applies and the land within three hundred feet (302) of the outer boundan� to which the amendment applies excluding land owned by the City of Kenai, unless the City Joins in the opposition or protest If so opposed or protested, then 5 affirmative votes of the Commission Members are re uired for the Commission to rceomrfiend approval, and 5 affirmative votes of the Council Members are required for the Kenai City Council's approval and enactment of the ordinance for the amendment. [31 LL The Commission shall, upon public hearing and upon consideration of the standards for approval, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. [4] (5 The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, upon public hearing and upon consideration of the standards for approval, may or may not adopt the amendment as a City ordinance. GEND OF INFORMATIf1Pd ITEM _3- SM93 IKenai Peninsula Borough March 3, 2009.7:00 PM Regular Meeting Borough Assembly Chambers, Soldoma, Alaska Milli Martin Assembly President Seat 9 - South Peninsula Term Expires 2069 Pete Sprague Assembly i3ce President Seat 4 - Soldotna Term Expires 2010 Paul Fischer Assembly Member Seat 7 - Central Term Expires 2010 Gary Knopp Assembly Member Seat 1 - Kalifornsky Term Expires 2009 `long smbly Member Seat 6- East Peninsula Term Expires 2009 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS F. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk (*) are considered to be routine and non -controversial by the 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 Consent Agenda and considered in its normal sequence on the agenda.) G. APPROVAL OF MINUTES "I - Charlie Pierce Assembly Member Seat 3-Ster:inglrun;,y, River Term Expires 2011 I. Hal Smalley Assembly Member Seat 2 - Kenai Term Expires 2011 Bill Smith Assembly Member J. Seat 8 - Homer Term Expires 2011 Gary Superman Assembly Member Seat 3 - Nikiski Term Expires 2010 March 3, 2009 VA * 1. February 17, 2009 Regular Assembly Meeting Minutes ........ 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS 1. A Resolution Commending Five Kenai Peninsula Area A`1.letes for Qualifying for the I aor Olymptes (Pieree) ...... 12 PRESENTATIONS WITH PRIOR NOTICE (2o minutes total) 1. Soutb. Peninsula Hospital Quarterly Report (10 minutes) 2. Central Peninsula. General Hospital Quarterly Report (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) REPORTS OF COMMISSIONS AND COUNCILS e Page I of 6 L. MAYOR'S REPORT ........................... ........................ 14 i. Agreements and Contracts a. Contract with National Fire Protection Association to Provide All Labor and Equipment to Conduct a Two Day Training Session, "Home Ignition Zone".......................................15 b. ComractwithUAASchool ofEngineering to.AnalyzeBluff Erosion .......................... I ....... I .... ..........16 C. Contract with UAA School of Engineering to Provide Text and Concept Sketches for "On the Coast" Guide Book........ ..... ... 17 d. Contract with Tinker Creek Surveys to Complete Admiralty Bell Surveying Project...........................................18 2. Other a Mayor's Weekly Reports 16 and 17 ............................. 19 M. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None N. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) March 3, 2009 1. 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) (Referred to Finance Committee) ... . ......... 21 2. Ordinance 2009-02: Authorizing a Five -Year Extension of the Option to Lease Ladd Landing Between the Kenai Peninsula Borough and PacRim Coal, LP (Mayor) (Referred to Lands Committee) ........................ 24 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, Knopp) (Referred to Policies and Procedures Committee) ......................................... 37 4. Ordinance 2009-Ob: Amending KPB 22.40.090 to Eliminate Reports of Commissions and Councils from the Assembly's Regular Meeting Agenda (Martin) (Referred to Policies and Procedures Committee) ................ 42 Page 2 of 6 -161- 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 Malang Refunds to Property Owners (Mayor) (Referred to Finance Committee) ............. 45 6. Ordinance 2009-08: Establishing the Solid Waste Department (Mayor) (Referred to Policies and Procedures Committee) ........................ 60 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) (Referred to Lands Committee) .......................... 64 ®. UNFINISHED BUSINESS' 1. Postponed Items a. Resolution 2009-017: Supporting the Proposed Closure of Portions of Peterson and China Poet Bays to Shellfish Harvest to Sustain Educational Use (Martin) (Referred to Legislative Committee) ....... 85 P. NEW BUSINESS March 3, 2009 1. Resolutions *a. Resolution 2009-020: Approving Mutual Aid Agreements and the Initial Operational Plans Between the Central Emergency Service Area and Cooper Landing Emergency Services, Inc. and Ninilchik Emergency Services (Mayor at the request of Central Emergency Service Area) (Referred to Policies and Procedures Committee) ...... 91 *b. Resolution 2009-021: Authorizing Amendment to the Participation Agreement with the Public Employees Retirement System (PERS) to Exclude the Position of Forester -Fire Behavior Specialist (Mayor) (Referred to Policies and Procedures Committee) .. . .............. 106 *c. Resolution 2009-022: Amending the Assembly Manual to Conform to Provisions Which Have Been Amended in the Borough Code (Sprague) (Referred to Policies and Procedures Committee) ........ 109 *d. Resolution 2009-023: Supporting the Submission of Projects for the State of Alaska Department of Transportation and Public Facilities 2010-2013 State Transportation Improvement Program (Mayor) (Referred to Legislative Committee) ........................... 112 -162- Page 3 of 6 March 3, 2009 2. Ordinances *a. Ordinance 2008-19-43: Authorizing the Acquisition of Certain Real Property at the Corner of Kalifornsly Beach Road and Ciechanski Drive for a Central Emergency Services Fill Site, a Future Fire Station, and Other Government Purposes, and Appropriating Funds for the Acquisition (Mayor) (Hearing on 04/07/09) (Referred to Finance Committee) .......................................... 115 *b. Ordinance 2008-19-44: Accepting and Appropriating a Grant from the U.S. Department of Homeland Security in the Amount of $60,505, and Local Matching Funds of $3, 185 to the Bear Creek Fire Service Area for Training and Firefighting Equipment (Mayor) (Shortened Hearing on 01/24/09) (Referred to Finance Committee) .. 129 *c. Ordinance 2008-19-45: Reducing the FY2009 Road Service Area Transfer to the Road Service Area Capital Project Fund from $1,250,000 to $500,000 and Increasing the Road Service Area Road Maintenance Account from $2,988,198 to $3,738,198 MMayor) (Hearing on 04/07/09) (Referred to Finance Committee) ........... 134 *d. Ordinance 2008-19-46: Appropriating Additional Funds to Cover Costs in Excess of Budgeted Amounts for Construction of a High Capacity Well for Fire Station 96 in Kasilof (Mayor) (Hearing on 04/07/09) (Referred to Finance Committee) ..................... 137 *e. Ordinance 2009-13,: Adopting the Kachemak City Comprehensive Community Plan as the Offi cial Comprehensive Plan, for That Portion of the Borough Within the Boil^_daries of the Cite of Kachemak (Mayor) (Hearing on 04/07/09) (Referred to Lands Committee) ...... 140 *£ Ordinance 2009-14: Authorizing a Negotiated Lease at Fair Market Value of Tract 5 Kalbea Tract 5 Subdivision Containing 18.57 Acres More or Less to Marathon Oil Company for Oil and Gas Operations (Mayor) (Hearing on 04/07/09) (Referred to Lands Committee) ...... 166 *g. Ordinance 2009-15: Amending KPB Chapter 5.20 to Authorize the Borough to Loan Funds to Public Utility Companies to Finance the Installation of Utility Lines in the Area of the Borough Outside of the Cities (Kropp, Superman) (Hearing on 04/07109) (Referred to Policies and Procedures Committee) ........................... 185 Page 4 of 6 -163- 3. Other *a. Confirming Appointments to the Flood Plain Task Force (Mayor) (Referred to Policies and Procedures Committee) .... . ............ 191 Flood Plain Task Force Ron Long Assembly Member Assembly Member Bill Williamson Seward Bear Creek Flood Service Area Randy Stauffer Seward Bear Creek Flood Service Area Ron Wille Road Service Area Board Todd Petersen Planning Commission Sue McClure Planning Commission Linda Murphy Planning Commission (Alternate) Scott Walden Office of Emergency Services Kevin Lyon Capital Projects Dan Mahalak Capital Projects. Holly Montague Legal Department Colette Thompson Legal Department (Alternate) Scott Bloom Legal Department (Alternate) Max Best Planning Department Jane Gabler Kenai River Center Jim McCracken Public Representative 91 Robert Hicks. Public Representative 92 Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) R. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. March 4, 2009 Flood Plain Task Force Meeting 6:00 PM Seward 2. March 24, 2009 Regular Assembly Meeting 7:00 PM Soldoma S. ASSEMBLY COMMENTS T. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Ordinance 2009-19-23: Appropriating $550,000 from the Nikisld Fire Service Area Capital Project Fund for Purchase of aNew Type A Fire Engine (Mayor) (Referred to Finance Committee) Tabled 11118108 March 3, 2009 -164- Page 5 of 6 2. Ordinance 2008-19-42: Appropriating $60,000 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 Nikishka Beach Road (Mayor) (Bearing on 03/24/09) (Referred to Finance Committee) Ordinance 2009-04: Amending KPB Chapter 20.20, Subdivision Design Requirements, to Require a. Minimum Width of 60 Feet for Platted Lots (Martin) (Hearing on 03/24/09) (Referred to Lands Committee) 4. Ordinance 2009-09 (Longs Substitute: 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 03/24/09) (Referred to Lands Conunittee) 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) 6. Ordinance 2009-12: Amending KPB 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) 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 March 24, 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-F.4V 88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting, Forfurther information, please call the Clerk's 0jf1ce at 714-2160 or toll free within the Borough at 1-800- 478-4441, Est. 2160. Visit our website at www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions. Marcie 3, 2009 Page 6 of 6 -165- February 25,2009 Mayor Pat Porter Kenai City Council Dear Mayor Porter & Council Members My name is Gina Delgaizo, and I am currently employed as a medical assistant at Frontier Natural Health. Prior to my employment at FNH, I was a bartender in an establishment south of Kenai. I loved my job, the bar owner, and my customers. What I could not tolerate was the secondhand smoke that I was forced to breathe every shift. I often complained about the smoke, but was never taken seriously. Finally, after working years as a bartender, I quit my job because I simply couldn't stand it anymore. I would go home with bunting eyes and lungs and my clothes and hair stunk so badly that only washing them could take the odor away. I am distressed that bartenders are not protected by public policy. Bars are mandated to comply with many other health regulations, like sanitation requirements, food preparation requirements, etc. but we are not protected from a hazardous substance known to kill 50,000 nonsmoking Americans each year! Are bartenders worth "less" than accountants, teachers, or city employees? Breathing secondhand smoke should NOT be a ^ondition of employment anywhere. I respectfully urge you to consider worker health and require that all )orkplaces be smokefree. Sincerely, 24 February 2009 /4p/ Jennifer Olendorff OF THE KENAI PENINSULA Program & Grant Coordinator Peninsula Smokefree Partnership PO Box 1612 Programs Office Soldoma AK 99669 706 Frontage Road suite E Dear Ms. Olendorff: Kenai, Alaska 99611 907.283.2682 Boys & Girls Clubs' focus on after -school academics, health and well 907.283.8190 Fax posithreptaceforkids.com being as well as moral compass are core values set forth by positive mentors to enhance life skills among our young members. Our Club Club Locations members celebrate self, inclusion and diversity. Each of the Clubs y Homer Kenai conducts activities specific to local environmental stewardship and civic Kenai Teen center duty for others. Nikiski Seldowa Seward Over the past twenty years our organization has successfully founded Soklotna seven Clubs in major Peninsula cities. Each of the Clubs resides in or on borough property or city -owned facilities, which prohibit the use of smoking, drugs and/or alcohol. While we are driven by our mission's core values, our first priority is to provide safe, positive places for youth and teens during the out -of -school hours. I commend your efforts to effect change and to inspire youth to make healthy choices for themselves and their future. Sincerely, B ilgrim erg Executive Director cornerstone contributors CorwcoPhiilips by cc: Boys & Girls Clubs of the Kenai Peninsula Board of Directors The P®si$ivePlaceForKids February 20, 2009 Kenai City Council Soldotna City Council Honorable City Council Members, Our association represents 20 organizations from across Alaska who provide substance abuse treatment services. We recognize that secondhand smoke is a leading cause of preventable death and illness in Alaska. As an organization that deals with addiction and wellness, we believe that ordinances which protect workers from the dangers of secondhand smoke are vital in our communities. We would like to encourage you to take this opportunity to provide safer smokefree workplaces for the health of your community. A has been shown in Anchorage and other communities, both statewide and nationally, that such ordinances have had either a neutral or positive impact on businesses. Kenai and Soldotna can become leaders in this effort just as several other cities, states and countries that have enacted comprehensive smokefree policies. By enacting a comprehensive smokefree workplace ordinance you will be ensuring a communtity that supports wellness. By changing the social norms you will make it possible for fewer youth to initiate smoking and more youth and adults to quit smoking. Most importantly, you will reduce the illness and death associated with exposure to secondhand smoke. These things will make the businesses in your communities more attractive to visitors. From a wellness perspective this is a win -win for your cities and their residents. We support the Peninsula Smokefree Partnership and their efforts in kenai and Soldotna. Once again, I would like to take this opportunity to ask you to support the smokefree workplace ordinances that are before you. It is good for your businesses and your community as a whole. Respectfully, Anna K. Sappah, Executive Director P.O. Box 922580, Anchorage, AK 99509 (907)242-6608 sada@ak.net March 3, 2009 Dear Mayor Porter and Kenai City Council Members: It has been interesting the last several weeks to listen to the debate about the proposed Smokefree Workplace Ordinance; and while I can appreciate the concerns about individual rights and freedoms, I cannot wrap my mind around the idea that somehow I could have "a right" where it might mean harm to another. My parent's generation had no idea of the danger that tobacco was to their own health, let alone how SHS could negatively impact others. But we don't have that excuse anymore; we know how potentially harmful it is and with that knowledge comes a responsibility. Someone had mentioned in their testimony that the TATU teens should not be advocating for this ordinance because they are too young to smoke anyway— it is illegal for them. Yet, our offices are located in Bridges next to the pull tabs. in the afternoons, the secondhand smoke from next door permeates our offices and the conference room we share with Bridges. Regardless that our offices are smoke -free, we in effect are forced to "smoke" - even those individuals that may be underage. So, they can't legally smoke, yet it is legal for others to impose it upon them via secondhand smoke. Often we have to juggle our trainings and meetings to avoid being exposed to SHS. We are not the only ones in our building frustrated with this problem. Why should we sacrifice our right to breathe clean air when those who smoke could continue to smoke, just take it outside where their smoke doesn't impact others. There has been concern expressed about the economic impact on businesses currently allowing smoking. While they may lose some patrons, it is reasonable to expect they would stand to gain from the many potential patrons who have not given them business in the past because of the smoking environment. I have three adult children, two of which are college students. I don't need to convince them about the dangers of tobacco and it seems reasonable to them, if not expected, that places of employment protect workers from known health hazards. Their generation already "get's it". We, their parents and grandparents, are playing catch up, and while young people don't always appreciate what their elders have to say, you certainly have their attention when you are willing to say "We were wrong about that — we need to change... we will change". With the emphasis today on environmental issues and the rising economic burden of healthcare costs, many countries, states and municipalities have already enacted Smokefree workplace ordinances. "It's not a question of who will be next, but who will be last". I'd like us as a community to show our children that we are leaders in meeting these challenges. After sitting through several council meetings, I have a new appreciation for the courage and patience it takes to serve on the city council. Thank you! Sincerely, Susan Pfaffe Carol Freas From: Bob Molloy [bob@molloyforcouncil.com] I ent: Monday, March 02, 2009 11:09 AM To: Carol Frees Cc: Patricia Porter; Charles Winegarden; Rick Koch Subject: Fwd: Rezone Application Hi Carol: Please add this email request as a lay -down, late ree'd item for addition to the packet for the 3-4-09 Council meeting under Information Items, since there is no related agenda item for the 3-04-09 Council meeting. Thank you. Bob Molloy cc: Charles Winegarden Begin forwarded message: From: Winegarden & Walton <wfwlaw@acsalaska.net> Date: March 2, 2009 10:47:09 AM AST To: bob@molloyforcotmcil.com Subject: Rezone Application Please delay action on the Application to rezone properties North of the Kenai Spur Highway corridor from McCollum Drive West to No -Name Creek from Rural Residentiall (RR1) and Conservation (C) to Limited Commercial (LC) until, at least, after the P & Z work session on April 8, 2009 as that is presently, an application to modify the LC zone to eliminate some of permitted commercial uses. The modification is allegedly based upon public comment and the perceived danger to students in the high school and middle school being enticed to jaywalk across the busy Kenai Spur Highway to partake of the wares offered by the commercial establishments that are proposed to be eliminated. Such modification, if allowed, is an arbitrary use of zoning. It puts restrictions on the area that has already be zoned LC that were not there when originally zoned and, more important, it shows that the conditions set forth in a zone can not be relied upon as they certainly can be changed depending on the political circumstances. Rather than modifying the LC zone, it would be better to develop an new zone which recognizes the unique situation presented in the above defined rezone area. Voting on the application at this point in time is premature. In the alternative, if the council insists on voting on the Application, please remove the Application from the consent agenda so that the public may comment upon it. Charles A. Winegarden Winegarden & Walton 220 Main Steet Loop, Suite B Kenai, Alaska 99611 Phone: (907) 283-5774 Fax: (907) 283-5771 NEW EMAIL: wfwlaw0)acsalaska.net Carol Freas From: Patricia Porter [kenaimayor10@msn.com] Sent: Monday, March 02, 2009 5:02 PM To: Winegarden & Walton Cc: Mike Boyle; Hal Smalley; Robert Molloy; Rick Ross; Barry Eldridge; Joe Moore; Carol Freas; Cary Graves; Rick Koch Subject: Re: Rezone Application Mr. Winegarden, I would support removing the rezone ordinance from a consent agenda to allow for two public hearings, however will not support a delay. Pat Porter ----- Original Message ----- From: Winegarden & Walton To: kenaimavorl0(a7msn.com Sent: Monday, March 02, 2069 10:45 AM Subject: Rezone Application Please delay action on the Application to rezone properties North of the Kenai SpurHighway corridor from McCollum Drive West to No -Name Creek from Rural Residentiall (RR1) and Conservation (C) to Limited Commercial (LC) until, at least, after the P & Z work session on April 8, 2009 as that is presently, an application to modify the LC zone to eliminate some of permitted commercial uses. The modification is allegedly based upon public comment and the perceived danger to students in the high school and middle school being enticed to jaywalk across the busy Kenai Spur Highway to partake of the wares offered by the commercial establishments that are proposed to be eliminated. Such modification, if allowed, is an arbitrary use of zoning. It puts restrictions on the area that has already be zoned LC that were not there when originally zoned and, more important, it shows that the conditions set forth in a zone can not be relied upon as they certainly can be changed depending on the political circumstances. Rather than modifying the LC zone, it would be better to develop an new zone which recognizes the unique situation presented in the above defined rezone area. Voting on the application at this point in time is premature. In the alternative, if the council insists on voting on the Application, please remove the Application from the consent agenda so that the public may comment upon it. Charles A. Winegarden Winegarden & Walton 220 Main Steet Loop, Suite B Kenai, Alaska 99611 Phone: (907) 283-5774 Fax: (907) 283-5771 NEW EMAIL: wfwlaw( acsalaska.net THIS MESSAGE, INCLUDING ANY ATTACHMENTS, IS FOR THE SOLE USE OF THE INTENDED RECIPIENT(S) AND MAY CONTAIN ATTORNEY -CLIENT CONFIDENTIAL OR PRIVELEDGED INFORMATION. ANY UNAUTHORIZED REVIEW, USE, DICSLOSURE OR DISTRIBUTION IS PROHIBITED, IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE CONTACT THE SENDER BY REPLY E-MAIL, DELETE THIS MESSAGE AND ANY ATTACHMENTS, AND DESTROY ALL COPIES. Carol Freas From: ;ent: ro: Cc: Subject: Patricia, Joe Moore Doem@altrogco.com] Monday, March 02, 2009 1:15 PM 'P. Falkenberg' Carol Freas RE: Two Requests I am not opposed to removing any item from the consent agenda to allow for public input. I am not in favor of postponement of the process any further. I am only one vote of seven. Joe Moore From: P. Falkenberg [mailto:pet_rainbow@yahoo.com] Sent: Monday, March 02, 2009 1:01 PM To: Joe Moore Subject: Two Requests Dear Councilman Moore: I would like to make the following requests: ,_, • Removal of the rezone anniinai�nn 'irnrr, the uprisen? nvFrida SU tnat a,i�n,:� �,' iiF_a'r_'i Y�6 iC possible. • Rezone vote be postponed until after the April 8th work session on the proposed revision of the Limited Commercial Zone. I would appreciate a reply and comments. Thank you in advance for your consideration. Cherish the Day!!!! Patricia Falkenberg Yahoo! Mail - hvsmalIey@yahoo.com http://us.f302.maiI.yahoo.com/ym/ShowLetter?Msgld=524_45759688... Date: Mon, 2 Mar 2009 19:22:04 -0800 (PST) "Hal Smalley" <hvsmalley@yahoo.com> 10 Add to Address Book yj Add Mobile From: .J Alert Subject: Re: Two Requests To: '5 V. Falkenberg" <pet_rainbow@yahoo.com> Patricia, Under pending legislation ( to be discussed at a time not yet specified, a later date ) is Ordinance 2362-2008, the Rezone issue. It is not scheduled on the consent agenda at all. It may be addressed under Item C Unscheduled public comment and again L-1 Citizen comment. I isn't necessary to remove it from the agenda to discuss it. It can be addressed as I previously mentioned. To my knowledge, the re -zone issue isn't scheduled to return to Council until April. With it being discussed at the P & Z in its April meeting, it would come to Council after that meeting. I will make sure that I ask our Clerk of this procedure and the Mayor at our meeting. Hal "P. Falkenberg" <pet rainbow@yahoo.com> wrote: Dear Councilman Smalley: I would like to make the following requests: • Removal of the rezone application from the consent agenda so that a public hearing is possible. • Rezone vote be postponed until after the April 8th work session on the proposed revision of the Limited Commercial Zone. I would appreciate a reply and comments. Thank you in advance for your consideration. Cherish the Day!!!! Patricia Falkenberg 1 of 1 3/3/2009 9:37 AM Carol Freas From: Joe Moore poem@altrogco.com] sent: Wednesday, March 04, 2009 11:17 AM To: dialaprayer@yahoo.com Cc: Carol Frees Subject: RE: Agenda Change Janine, I am not opposed to removing any item from the consent agenda to allow for public input. I am not in favor of postponement of the process any further. I am only one vote of seven. Joe Moore From: Janine Espy [mailto:dialaprayer@yahoo.com] Sent: Wednesday, March 04, 2009 11A4 AM To: cpajoe@altrogco.com Subject: Agenda Change Dear Councilman Moore, As we continue to strive toward a peaceable solution to the zoning issue of properties along the Kenai Spur Highway on the north side from McCollum Drive to the Wal Mart property, I respectfully request that: 1. the introduction of the cities application to rezone these properties from RR1 and Conservation to LC be removed from the March 18, 2009 consent agenda as it is a controversial subject 2. the public hearing or the Council's vote slated for April 1, 2009 be postponed due to the fact that the Planning and Zoning Commission are slated for Work Session on April 8, 2009, to revise the LC zone one week after the scheduled vote by the Council. I realize that the Council is concerned about postponement in light of the approaching building season and the desire of Todd Wortham to break ground for his dental office. Does he have a specific date or "ball park" idea of when that would be in regards to what could be accommodated in the Council's schedule? It doesn't make sense to vote to change zoning that is controversial, then one week later to begin to change the parameters of that controversial zoning. The MAPS neighbors have come up with an idea and would like to have the opportunity to bring it to the table. I would appreciate your thoughts. Sincerely, Janine Espy Carol Freas From: Patricia Porter lkenaimayor10@msn.com] Sent: Wednesday, March 04, 2009 11:41 AM To: dialaprayer@yahoo.com Cc: Rick Koch; Cary Graves; Carol Freas; mboyle@alaska.com; hvsmalley@yahoo.com; molloylaw@ak.net; rossrck@hotmail.com; barry_eldridge@yahoo.com; joemoore@altrogco.com Subject: RE: Agenda Request Janine, Thank you for your email. I do not have a problem with the proposed rezone being removed from the consent agenda. This will allow for two public hearing. I do not support a delay of the council vote on April 1. M! Date: Wed, 4 Mar 2009 11:50:59 -0800 From: dialaorayerCabyahoo.com Subject: Agenda Request To: kenaimayorlO@msn.com Dear Mayor Porter, As we continue to strive toward a peaceable solution to the zoning issue of properties along the Kenai Spur Highway on the north side from McCollum Drive to the Wal Mart property, I respectfully request that: the introduction of the cities application to rezone these properties from RR1 and Conservation to LC be removed from the March 18, 2009 consent agenda as it is a controversial subject An. d the public hearing or the Council's vote slated for April 1, 2009 be postponed due to the fact that the Planning and Zoning Commission are slated for Work Session on April 8, 2009, to revise the LC zone one week after the scheduled vote by the Council I realize that the Council is concerned about postponement in light of the approaching building season and the desire of Todd Wortham to break ground for his dental office. Does he have a specific date or "ball park" idea of when that would be in regards to what could be accommodated in the Council's schedule? It doesn't make sense to vote to change zoning that is controversial, then one week later to begin to change the parameters of that controversial zoning. The MAPS neighbors have come up with an idea and would like to have the opportunity to bring it to the table. I would appreciate your thoughts. Sincerely, Janine Espy KENAI CITY COUNCIL - REGULAR MEETING MARCH 4, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://w-ww.ci.kenai.ak.us IYw }cSId911111111MRiiMM 2r]�i_ 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: (3 minutes) j46DI69► .i�lIi]:Iw Y�3al;�M :�:�X^i }i�i1;3�!' l�ZH�9 IiZii.�7711rZ�7il�lt[i111C9 ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1 , PASSFD TTNANTMOTTSLY, Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. 2. PASSED UNANIMOUSLY. 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. 3. PASSED UNANIMOUSLY. 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. 4. PASSED UNANIMOUSLY. 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. 5. PASSED UNANIMOUSLY. 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. 6. PASSED UNANIMOUSLY. 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. 7. PASSED UNANIMOUSLY. 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. 8. POSTPONED TO MARCH 18, 2009. 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. 9. PASSED UNANIMOUSLY. Resolution No. 2009-04 -- Awarding the Bid to Kodiak Island Native Supply for North Beach Fence Materials - 2009 for the Total Amount of $35,303.26. 10. PASSED UNANIMOUSLY. Resolution No. 2009-05 -- Authorizing the Use of the Equipment Replacement Fund to Purchase a 4X4 Articulating Multipurpose Municipal Tractor with Snow Blower and Ditch Mower Attachment. 11. PROTEST WITHDRAWN. WITHDRAWAL OF PROTEST OF CONTINUATION OF OPERATION-- Kenai Landing Inc., d/b/a Kenai Landing (License #4355)/Beuerage Dispensary -- Tourism/Seasonal. 12. PROTESTS WITHDRAWN. WITHDRAWAL OF PROTESTS: CONTINUATION OF OPERATION, RENEWAL OF LIQUOR LICENSE, AND TRANSFER OF LIQUOR LICENSE -- Amy 8s George Bowen, d/b/a One Stop Liquors (License #2319)/Package Store. 13. APPROVED BY CONSENT AGENDA. *LIQUOR LICENSE RENEWALS -- • Pizza Paradisos #3032 -- Beverage Dispensary • Don Jose's Mexican Restaurant #3039 -- Beverage Dispensary • Oaken Keg Spirit Shop #1808 (Lic. #3218) -- Package Store • Three Bears #4118 -- Package Store • 2 Go Mart #4544 -- Package Store ITEM F: MINUTES APPROVED BY CONSENT AGENDA. *Regular Meeting of February 18, 2009. ITEM G: UNFINISHED BUSINESS -- None. v 1. APPROVED. Ratification of Bills 2. REVISED AND APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2390-2009 -- Amending Kenai Municipal Code Chapter 12.40 to Eliminate Secondhand Tobacco Smoke Exposure in Places of Employment and Other Public Places. 4. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2391-2009 -- Amending KMC 14.20.240(c)(6) to Allow an. Extension for the Ninety (90) Day Time Limit for Skirting in Mobile Homes Placed in Mobile Home Parks. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2392-2009 -- Amending KMC 21.05.085, Airport Fuel Flowage Fee. APPROVED. Approval -- Extension of Homer Electric Association, Inc. Lease/Alaska Fire Training Center -- 459 Marathon Road, Kenai. 7. APPROVED. Approval -- Mutual Termination of Lease and Asset Purchase Agreement/University of Alaska Lease -- Tract A-1, Baron Park Subdivision No. 7 (a Re -subdivision of Tract A, Baron Park Subdivision No. 5). 8. PROCEED/SUBMIT FOR APPROVAL AT 31118109 COUNCIL MEETING. Discussion -- Letter of Agreement/Department of Public Safety, Alaska State Troopers, Bureau of Highway Patrol and Kenai Police Department/Alaska State Trooper Traffic Team. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks & Recreation Commission 6. Planning 8a 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 Salmon Task Force I u ; • �7;bZi3ai��la�lawili'1�77 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, Churnicy Replat From Rural Residential 1 (RR 1) 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: MARCH 4, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS/CHANGES TO THE PACKET ITEM 1y4 iji181 *1gof o7" SUBSTITUTE: H-2, Purchase Orders Exceeding $15,000 --New list moves Kodiak Island Native Supply from Increase of Existing Purchase Order. CITY MANAGER ADD TO: H-3, Ordinance No. 2390-2009 -- Letters of support from G. Delgaizo, B. Ahlberg (Boys &, Girls Club), and A. Sappah (Substance Abuse Directors Association), and S. Pfaffe. CITY CLERK ADD AS: Information Item No. 5 -- Correspondence related to the proposed rezone of property along Kenai Spur Highway Corridor from: C. Winegarden, P. Falkenberg, J. Espy, with some council responses. CITY CLERK CONSENT AGENDA No changes. j"'Village whir a Past, C# witk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 i a Telephone: 907-283-7535 / FAX: 907-283-3014 1992 tl�e u� of KENAI� SKA TO: City Council PL FROM: Rick Koch DATE: March 4, 2009 SUBJECT: Resolution 2009-04, Awarding the bid to Kodiak Island Native Supply for North Beach Fence Materials The purpose of this correspondence is to recommend award of the contract for fencing materials to Kenai Island Native Supply (KINS). The bid submitted by KINS ($ 35,303.26) was $ 8,046.74 below the next lowest bidder. The City of Kenai has received grants in the amount of $ 41,000 for the North Shore Fencing project. We intend to increase the contract/purchase order to $ 41,000 by increasing the quantity of materials at the unit prices that were bid. There are other areas in which fencing protection can be installed. This is a very competitive bid and the increase in quantities does not affect the unit prices being approximately 18.5% below the next lowest bidder. It also makes the grant administration much easier with the DFWS in that their share is used entirely for materials. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. REVISED LIST MARCH 2 2009 - ITEM IN BOLD PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 4, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT KODIAK ISLAND NATIVE SUPPLY N. BEACH FENCE MATERIALS KENAI DUNES RESTORATION CONSTRUCTION INCREASE OF EXISTING PURCHASE ORDER 41,000.00 VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT DTAL PO AMT COVER REMAINING JACKSON ENTERPRISES FY09 DIESEL 88029 - A/P AIRFIELD FY 5,000.00 55,000.00 PAINTING RELIGHTS BLAZY CONSTRUCTION C/O #2 89293 - VIS. CTR. HEATING & DOORS 1,665.56 484,405.48 COUNCIL MEETING OF:0 NAME ADDRESS TOPIC Agenda or Non -Agenda Item? / /� L % o 1 E% �'� IN �s" .�.f¢-"+✓` ✓��_ J'✓ � Jre'A, r[c/o iZic�1 )fj ICl/5 ,��r � ��'' Z. I�� ✓ f �/ All v i an�4 j dr+n { r° A �1 L3 p h m COMMEWT SIGN-UP SHEET COUNCIL MEETING OF: NAME ADDRESS TOPIC Agenda or Non -Agenda Item? •£Y��-.�-. '.�"i_ Des ✓F� �y� C.�'Ly'/L �`'(,� .. 1s �i $j�"6`" y Z,_� n lot c. �ioluvq br 916 `I 7 J'e rvici irCCe .s j, t,f,f.f'r a�a c' Yt � pt Pe �G1s/ y/ gg a �F y � � / '"'} �yy ("§ ( '�y^"U � � r`.-9 \. ✓ Y � .,3�5 � � ,.��r4`��-}-�J� t d1�✓`�r" � 1 G' V C . y- .i (P ''; ,�.1. E,C"t, c' v� t c�,,; �,,./� q I c j { (�t�, "X— L gd`b T,1 �`'��te�`"`bv: dsspy �j rb.. Lp1V M' V♦ ~�� .✓ C r ( I L.... �' `Er'w V 1. w-l.. COMMENT SIGN-UP SHEET COUNCIL MEETING OF: NAME ADDRESS TOPIC Agenda or Non -Agenda Item? 2 i -S-cA --s eL&o-- L ii ipq (rL k, C, C4 _ep� 5 Po, i35 7 f Madam Mayor, Council Members; It would be much to my pleasure and yours if I were able to express my opinions through the local news paper instead of doing it here. It doesn't happen. Second hand smoke; I feel that there is approximately a one in three hundred and twenty five million chances of my wife or myself dieing from second hand smoke. My wife's mother started smoking at 15 years of age and died at 87 years of age. Also at 77 years of age I cannot think of anybody who has died under these circumstances. The chances for every one in this room would be much lower to have a head on accident and be killed between downtown Kenai and Anchorage. In our 32 years living here there have been several. I have breathing problems, Asthma, heredity from my mother, neither of my parents smoked in their lives, also 33 years of my working for Unocal Chemical fertilizer division breathing many very dangerous chemicals on a daily basis. When entering the Navy in 19511 started smoking but it has been over 32 years since I quit. A friend had similar problems and went through the Jewish Hospital in Denver Colorado and after many tests, was told that "There was no way to identify chemical damage to a persons lungs except by ingestion of a liquid which would cause Scarring. We had a truck driver in California got sprayed and some liquid went into his lungs and he had scarring; Since quitting work in 1991, my Prescription drugs to keep breathing have cost in the range of $5000.00 to $9000.00 a year, but thank God, they have worked; I have a serious problem in our family in convincing my children and grandchildren to go to the polls and vote. Their answer is `Why should we waste our time because the elected officials are going to do what they want anyway." There is way too many of our freedoms being legislated away; Nobody has to work or enter places where smoking is permitted by the owners. My God tells me that I don't need someone telling me whether or not I may enter that type of business's. It is not like the good old days in the 70's when we could ride our snow machines in the ditches and to work & all over the swamps and every once in a while Woody Mulherin would have to chase a few down, He was a great police officer with the young people. Sincerely; Paul Morrison 283-3451 akcalia37@yahoo.com �L6 51 ' 6ff0W The rights of any person of the United States are just that. Their rights, whether it be a smoker or a non-smoker. But you are telling me that you want to take my rights away by telling me where I can or cannot smoke. What about the rights you seem to want to give to the non-smoker? Why should they have a right whether I smoke in a bar, restaurant or wherever they decide at anytime that they don't like it. If I am allergic to a certain woman's perfume and she enters a restaurant that I happen to be having dinner at and it starts me on a sneezing frenzy where I can't even eat my dinner, she has infringed on my right to have a nice quiet dinner with my wife or friend. She then should leave the restaurant. So can a restaurant put up a sign that says a woman wearing e.g. White Shoulders perfume is not welcome in their establishment. What is next? 4,IPW cologne, anyone with perfume or cologneon? Let's thinks about peoples'rights especially the business owner who has worked hard for his business and has always made the decisions on how it is run. He does not pay rent to the city, state or any government, he pays his mortgage just the same as you and me and he certainly should have the right to say if he allows smoking, perfume, cologne or service to whomever he chooses. If someone doesn't like smoking they do not have to go into his or her place of business. That is their right to choose. It is also the right of a worker if they choose to work where smoking is allowed. No one says that they have to work there. When did this city council or any council or state government decide that they were God and should tell someone just what they should or should not do in their own place of business. Come on give me a break, do we really JJan, to be a little Cahturma? Alaska has never been known as a lemming state. So lets just keep on being us and iet our great state stand for what it should. The state where people are people and the government works for all of us. Let the businesses decide if they want to go to non-smoking or not. Not YOU or me!!!!!!!!!!!! As stated by the British Medical Journal upon their publication of a 40 year study; defending there method of study, known as prospective cohort study, over the more commonly used method of meta -analysis. "Most epidemiological studies have found that environmental tobacco smoke has a positive but not statistically significant relation to coronary heart disease and lung cancer. Meta -analyses have combined these inconclusive results to produce statistically significant summary relative risks.'-" However, there are problems inherent in using meta -analysis to establish a causal relation s-,a The epidemiological data are subject to the limitations described above. They have not been collected in a standardised way, and some relative risks have been inappropriately combined. Because it is more likely that positive associations get published, unpublished negative results could reduce the summary relative risks" In the same publication the BMJ Stated " The results of the California CPS 1 cohort do not support a casual relation between -xposure to environmental tobacco smoke and tobacco related mortality," As stated by the U.S.A Congressional Research Service in a report on environmental tobacco smoke (ETS) prepared for congress, "It is clear that misclassification and recall bias plague ETS epidemiology studies. It is also clear from the simulations that modest, possible misclassification and recall bias rates can change the measured relative risk results, possibly in dramatic ways. Aside from smoking misclassification, however, attempts to correct for them have not taken place because there is currently no information available on how to carry out such corrections. It is possible that more research on the general question of misclassification will reduce the uncertainty now present in these ETS results, but such research will be difficult to because its methods, too, appear to be to considerable The Occupational Safety and Health Administration, or OSHA, set Permissible Exposure Levels for all chemicals or substances that may be encountered in the workplace. They have stated definitively that, "Field studies of environmental tobacco smoke indicate that under normal conditions, the components in tobacco smoke are diluted below existing Permissible Exposure Levels (PELS.) as referenced in the Air Contaminant Standard (29 CFR 1910. 1000).....It would be very rare to find a workplace with so much smoking that any individual PEL would be exceeded." Two studies conducted by the U.S. Department of Energy in 1999 and 2000 backed up the statement above. In this study Personal Air Monitors were attached to 1500 non- smoking waiters, waitresses, and bartenders during their working shifts in restaurants and bars (where smoking was allowed) in 17 U.S. cities. In addition, researchers tested bodily fluids for internalized markers of second hand smoke exposure. These Studies concluded that, "exposures were considerably below the safety limits established by OSHA for the workplace." Turns out that considerable means 85% below the point which OSHA says second hand smoke can even begin to be considered harmful. Mug wlmo�.� j Rue Mmil mallifili�mobb BOYLE PORTER LMALLEY � , `o %ev—= M S V JOHN ,� ELDRIDGE ROSS AT— MOLLOY G? BOYLE 6 PORTER r SMALLEY MOORE /,! Page of mug ROSS • ��000 ERD DG-E-�� ROSS i��17ii[•7��® BOYLE -00-RTER COUNCIL MEETING OF: a% _—....._ Rjyv-xm9 M S v JOHNSON ELDRIDGE ROSS MOLLOY BOYLE PORTER SMALLEY MOORE I - Z�.,._ M S v JOHNSON t ELDRIDGE 1 ROSS MOLLOY BOYLE PORTER SMALLEY MOORE Imo' • �� Page of I • ile-tim-11 0 AA Lei a MEE ;5 iT7� 2 JOHN - • wm COUNCIL MEETING OF: � �Q2 0E _ • YLE��/�� PORTER r►1••' m� pm Q"VIA 0 PORT SMALLEY ••= -� ua �"a..0V2I lv� Page '9 of I I M I S I V I BOYLE PORTER SMALLEY MOORE I I M I S I V I ELDRIDC ROSS MOLLOY BOYLE PORTER I Page '9 of I I M I S I V I BOYLE PORTER SMALLEY MOORE I I M I S I V I ELDRIDC ROSS MOLLOY BOYLE PORTER I COUNCIL MEETING DATE: Mayor/Council Attorney Taylor/Floyd Clerk Police Department ✓ City Mana er Finance ✓ /Ole Kebschull/Carver Senior Center ✓ Airport Kim Library (2) ✓ Parks & Recreation Marion Fire De artment Schmidt Mellish Student Pep. t/ KSRM AGENDA DISTRIBUTION Sewer Treatment Plant Streets Sho2 Dock Building 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 Ibell@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. 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 March 4, 2009. 1. Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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 Airnort Equipment Capital. Project Fund for the Apron Pavement Rehabilitation Project. 7. 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. 8. 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. 9. Resolution No. 2009-04 -- Awarding the Bid to Kodiak Island Native Supply for North Beach Fence Materials - 2009 for the Total Amount of $35,303.26. 10. Resolution No. 2009-05 -- Authorizing the Use of the Equipment Replacement Fund to Purchase a 4X4 Articulating Multipurpose Municipal Tractor with Snow Blower and Ditch Mower Attachment. I I . WITHDRAWAL OF PROTEST OF CONTINUATION OF OPERATION -- Kenai Landing Inc., d/b/a Kenai Landing (License #4355)/Beverage Dispensary -- Tourism/Seasonal. 12. WITHDRAWAL OF PROTESTS: CONTINUATIONOF OPERATION, RENEWAL OF LIQUOR LICENSE, AND TRANSFER OF LIQUOR LICENSE -- Amy & George Bowen, d/b/a One Stop Liquors (License #2319)/Package Store. 13. *LIQUOR LICENSE RENEWALS -- Pizza Paradises #3032 -- Beverage Dispensary • Don Jose's Mexican Restaurant #3039 -- Beverage Dispensary • Oaken Keg Spirit Shop # 1808 (Lic. #3218) -- Package Store • Three Bears #4118 -- Package Store • 2 Go Mart #4544 -- Package Store 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. Freas, Kenai City Clerk Posted: February 27,2009 AGENDA KENAI CITY COUNCIL— REGULAR MEETING MARCH 4, 2009 x•Xusx. 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htfoa/vwvw.ci_kenatak. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. 2. 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. 3, 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. 4, 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. 5. 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. 6. 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, 7. 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. 8. 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. 9, Resolution No. 2009-04 -- Awarding the Bid to Kodiak Island Native Supply for North Beach Fence Materials - 2009 for the Total Amount of $35,303,26, 10. Resolution No. 2009-05 -- Authorizing the Use of the Equipment Replacement Fund to Purchase a 4X4 Articulating Multipurpose Municipal Tractor with Snow Blower and Ditch Mower Attachment. 11. WITHDRAWAL OF PROTEST OF CONTINUATION OF OPERATION -- Kenai Landing Inc., d/b/a Kenai Landing (License #4355)/Beverage Dispensary -- Tourism/Seasonal. 12, WITHDRAWAL OF PROTESTS: CONTINUATION OF OPERATION, RENEWAL OF LIQUOR LICENSE, AND TRANSFER OF LIQUOR LICENSE -- Amy & George Bowen, d/b/a One Stop Liquors (License #2319)/Package Store. 13. *LIQUOR LICENSE RENEWALS -- Pizza Paradisos #3032 -- Beverage Dispensary • Don Jose's Mexican Restaurant #3039 -- Beverage Dispensary • Oaken Keg Spirit Shop #1808 (Lic. #3218) -- Package Store • Three Bears #4118 -- Package Store • 2 Go Mart #4544 -- Package Store ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15000. 3, *Ordinance No. 2390-2009 -- Amending Kenai Municipal Code Chapter 12.40 to Eliminate Secondhand Tobacco Smoke Exposure in Places of Employment and Other Public Places. 4. *Ordinance No. 2391.2009 -- Amending KMC 14.20.240(c)(6) to Allow an Extension for the Ninety (90) Day Time Limit for Skirting in Mobile Homes Placed in Mobile Home Parks. 5. *Ordinance No. 2392-2009 -- Amending KMC 21.05.085, Airport Fuel Flowage Fee. 6. Approval -- Extension of Homer Electric Association, Inc. Lease/Alaska Fire Training Center --459 Marathon Road, Kenai. 7. Approval -- Mutual Termination of Lease and Asset Purchase Agreement/University of Alaska Lease -- Tract A-1, Baron Park Subdivision No. 7 (a Re -subdivision of Tract A, Baron Park Subdivision No. 5). 8. Discussion -- Letter of Agreement/Department of Public Safety, Alaska State Troopers, Bureau of Highway Patrol and Kenai Police Department/Alaska State Trooper Traffic Team. EXECUTIVE SESSION -- None Scheduled. ITEM IN: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at httD:",yyy d kerai_ak. us. Carol L. Freas, City Clerk D/211