Loading...
HomeMy WebLinkAbout2014-08-06 Council PacketCITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE AUGUST 6, 2014 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. ENACTED AS AMENDED. Ordinance No. 2781 -2014 — Amending KMC 1.85.050 — Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information. 2. ENACTED UNANIMOUSLY. Ordinance No. 2784 -2014 — Amending KMC 14.22.010 — Land Use Table, to Designate Airports as a Conditional Use Instead of a Permitted Use, in Central Commercial, General Commercial, Light Industrial and Heavy Industrial Zones and to Clarify the Intended Land Use. 3. ENACTED UNANIMOUSLY. Ordinance No. 2785 -2014 — Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. 4. ADOPTED UNANIMOUSLY. Resolution No. 2014 -52 — Prescribing the Officials Bond Amount for the City Administrator and Finance Director Pursuant to Section 4.3 of the Kenai Municipal Charter. 5. ADOPTED UNANIMOUSLY. Resolution No. 2014 -53 — Awarding a Professional Services Agreement in the Amount of $112,178 to Nelson Engineering, P.C., for Design and Construction Administration for the Construction of South Beach Access Road. 6. ADOPTED UNANIMOUSLY. Resolution No. 2014 -54 — Authorizing the Use of the Equipment Replacement Fund to Purchase an Attachment for the New Volvo L110 Loader and Authorizing an Increase in the Loader's Purchase Contract for the Purchase of the Attachment. 7. ADOPTED UNANIMOUSLY. Resolution No. 2014 -55 — Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060 and 7.15.070. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. S�A� U Sandra K49Jigh,CMC, City Clerk Posted: August 7, 2014 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING AUGUST 6, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://w\&w.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) '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. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. FAILED. Ordinance No. 2780- 2014 — Amending KMC 12.40.010— Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. [Clerk's Note: At its July 16th meeting, Council postponed this ordinance to the August 6`h meeting; motion to approve is on the floor.] 2. ENACTED AS AMENDED. Ordinance No. 2781 -2014 — Amending KMC 1.85.050 — Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information. 3. POSTPONED TO SEPTEMBER 177h. Ordinance No. 2782 -2014 — Enacting KMC 14.20.171 — Group Care Facilities, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Define and Provide Zoning Regulations for Group Care Facilities. 4. POSTPONED TO SEPTEMBER 17Th. Ordinance No. 2783 -2014 — Enacting KMC 14.20.172 — Emergency Shelters, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Provide Zoning Regulations for Emergency Shelters that Provide Temporary Housing for Homeless and Others in Need of Safe Accommodations. 5. ENACTED UNANIMOUSLY. Ordinance No. 2784 -2014 — Amending KMC 14.22.010 — Land Use Table, to Designate Airports as a Conditional Use Instead of a Permitted Use, in Central Commercial, General Commercial, Light Industrial and Heavy Industrial Zones and to Clarify the Intended Land Use. 6. ENACTED UNANIMOUSLY. Ordinance No. 2785 -2014 — Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. FAILED. Resolution No. 2014 -51 — Establishing a Kenai Business Improvement Program. 8. ADOPTED UNANIMOUSLY. Resolution No. 2014 -52 — Prescribing the Officials Bond Amount forthe City Administrator and Finance Director Pursuant to Section 4.3 of the Kenai Municipal Charter. 9. ADOPTED UNANIMOUSLY. Resolution No. 2014 -53 — Awarding a Professional Services Agreement in the Amount of $112,178 to Nelson Engineering, P.C., for Design and Construction Administration for the Construction of South Beach Access Road. 10. ADOPTED UNANIMOUSLY. Resolution No. 2014 -54 — Authorizing the Use of the Equipment Replacement Fund to Purchase an Attachment for the New Volvo L110 Loader and Authorizing an Increase in the Loader's Purchase Contract for the Purchase of the Attachment. 11. ADOPTED UNANIMOUSLY. Resolution No. 2014-55— Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060 and 7.15.070. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of July 16, 2014 F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action /Approval — Bills to be Ratified. 2. APPROVED BY CONSENT AGENDA. *Action /Approval —Non Objection of Transferring Liquor License #5224 from Francisco Rodriquez to Ramon Gonzalez d /b /a Playa Azul and of a Restaurant Designation Permit. Kenai City Council Meeting Page 2 of 4 August 6, 2014 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SCHEDULED ON AUGUST 20TH. *Ordinance No. 2786 -2014 — Enacting KMC 23.40.035 - Bona Fide Employer- Sponsored Medical Leave Sharing Arrangement. 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SCHEDULED ON AUGUST 20TH. *Ordinance No. 2787 -2014 — Repealing KMC 7.15.110 - Offset Against Delinquent Taxes, and Re- Enacting the Code Section as KMC 7.15.110 -Tax Compliance, to Require Individuals and Businesses Contracting with the City to be in Compliance with City Tax Ordinances. 5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SCHEDULED ON AUGUST 201. *Ordinance No. 2788 -2014 — Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment (SRE) — Plow Truck with Attachments. 6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SCHEDULED ON AUGUST 20TH. *Ordinance No. 2789 -2014 — Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require that the City Provide Residents of the City of Kenai with Free Services at the City -Owned Boat Launch and Parking Facility. 7. APPROVED UNANIMOUSLY. Action /Approval — Special Use Permit with the State of Alaska Department of Natural Resources /Division of Forestry to Conduct Aeronautical and /or Aviation Related Activities at the Kenai Municipal Airport. 8. APPROVED UNANIMOUSLY. Action /Approval —Second Amendment to the Kenai Municipal Airport Airline Operating Agreement and Terminal Area Lease between the City and Grant Aviation, Inc. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk Kenai City Council Meeting Page 3 of 4 August 6, 2014 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS 1. Ordinance No. 2748 -2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. [Clerk's Note: At its May 20th meeting, Council postponed this ordinance to the August 20th meeting.] 2. Ordinance No. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. [Clerk's Note: At its July 2nd meeting, Council postponed this ordinance to the August 20th meeting.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Correspondence from the 2014 Oilers Board of Directors Requesting a Donation to Replace Assets Damaged by a Recent Wind Storm. The agenda and supporting documents are posted on the City's website at www.ci.kenalak.us. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -8231. Kenai City Council Meeting Page 4 of 4 August 6, 2014 AUGUST 6, 2014 CITY COUNCIL MEETING REQUESTED ADDITIONS TO THE PACKET: ADD TO REQUESTED BY: D.1 Ordinance No. 2780 -2014 • Email Correspondence to Council in Favor Mayor Porter D.2 Ordinance No. 2781 -2014 • Memorandum Councilor Molloy Sandra Modigh From: Susan Pfaffe <spfaffe @gmail.com> Sent: Tuesday, August 5, 2014 4:59 PM To: Sandra Modigh Subject: vaping devices and e- cigarettes Dear Council Members I would urge you to include e- cigarettes to your existing restaurant ordinance. When used with nicotine these devices may help people quit smoking cigarettes, and they may be on some level LESS harmful than a traditional tobacco cigarette, however, nicotine is still addictive and these devices are also used to smoke or vape other and sometimes illegal substances. So, when someone is sitting in a public space and smoking... you do not know what is in that device and therefore, what you are being exposed to in the off -gas that is emitted. There is a health risk. It seems reasonable to ask they take it outside. People have the right to choose what substances they want to use but we can as a community limit exposure to our young children and youth so that these potentially addictive habits are not seen as the norm. Thank you for your consideration, Susan Pfaffe 011% with a Past, Gi , with a Future �_. 0 Fidalgo Avenue, Kenai, laska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 Nl�/ MEMORANDUM TO: Mayor Porter and Council Members FROM: Council Member Bob Molloy CC: Scott Bloom, City Attorney Sandra Modigh, City Clerk DATE: 08 -05 -14 SUBJECT: Ordinance No. 2781 -2014 Amending KMC 1.85.050 I appreciate the memos from Mayor Pat Porter and City Attorney Scott Bloom (packet, pp. 57 and 58 -61, respectively). They have addressed many of the concerns and questions that I presented in my earlier memo (pp. 62 -71). 1 agree with most of the amendments suggested by the Mayor and the City Attorney as summarized on p. 61. Use "Penalty" And "Penalties" And Delete "Knowingly" In Para (c) I agree with removal of the word "knowingly" from the first line of subsection (c) if the words "penalty" and "penalties" are substituted for "fine" and "fines," as now proposed by the City Attorney. Subsection (c) then would impose strict liability and subsection (d) would cover willful or knowing misconduct.' Cover Both Disclosure Statement and Disclosure of Information The City Attorney may be correct where he says on p. 59 of the packet that the phrase "disclosure of information" in subsection (c) is appropriately broad enough to include both the disclosure statement form itself and all of the disclosures of information that are required to be made in the form. But why not specifically cover both instead of being somewhat vague? 'It is my understanding that this would be consistent with state law, which provides for a civil penalty for late filed reports and also makes a willful violation a misdemeanor which upon conviction is punishable by a fine, or by imprisonment for a period of not more than six months, or both. Mayor Porter and City Councilors 08 -05 -14 Page 2 of 3 This Ordinance's stated purpose in its title is to amend and CLARIFY CONSEQUENCES, and the subject is PENALIZING CONDUCT. "Statement" is used throughout the Code: - KMC 1.85.010 uses the word "statement," requiring a statement to be filed under oath — see p. 65 of this packet. - KMC 1.85.020 covers the contents of the "statement" — see pp. 67 -68 - these are the required disclosures of information. - This ordinance itself uses the word "statement" in two places: in subsections (a) and (d). See p. 54. My suggestion is to amend subsection (c) so that it reads in part: "(c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to [MAKE] submit a required statement, or to make a required disclosure of information in that statement, as provided in this chapter, ... " Doing so would make it CRYSTAL CLEAR not only that the disclosure statement itself must be submitted timely, but also that it must be complete when submitted, containing all of the required disclosures of information. The Notice Provision In Subsection (e) Won't Work Well In Practice Proposed subsection (e) requires the City Clerk or City Attorney to notify the Council, then the Council directs the City Clerk or City Attorney to notify the candidate or municipal officer and to proceed with enforcement. I don't think this will work well in practice, and it actually may make matters more cumbersome. But I don't have a specific amendment to offer as a solution, as there are differences between subsections (a), (b), and (c), and I haven't thought them through. The City Clerk is going to know if a candidate or municipal officer has not timely filed a disclosure statement and/or if the statement is incomplete. The City Clerk could notify the candidate or municipal officer as soon as possible. The candidate or municipal officer may dispute the notice (both new and seated). Or a seated municipal officer can then file or revise the disclosure statement and voluntarily pay penalties, or a seated municipal officer may file an affidavit stating mitigating facts with a request for partial or complete reduction or waiver of penalties.2 But subsection (e) actually would require the Clerk or Attorney to notify the Council first, then the Council directs the Clerk or Attorney to notify the candidate or municipal 2 Candidates and newly appointed or newly elected municipal officers are covered by subsections (a) and (b). It appears that they cannot submit a revised statement that is compliant and that the civil penalties do not apply to them. Mayor Porter and City Councilors 08 -05 -14 Page 3 of 3 officer and to proceed with enforcement. This direction by the City Council has to happen at a public meeting. Which means that even though the Clerk knows that there is an omission or noncompliance, the Clerk or Attorney can't notify the candidate or municipal officer and proceed with enforcement until the Council has given direction in a public meeting. This ordinance should be as self - effectuating or self - enforcing as possible without the involvement of Council. And the Council does not need to be notified simply because a disclosure statement is filed late or is incomplete when submitted. The Clerk or Attorney, without first having to notify Council and obtain directions to enforce, should be able to: - Notify the candidate or municipal officer of an omission or noncompliance; - Refuse or return the candidate's noncompliant submission, and withhold or remove the candidate's name from the filing records of candidates; - Notify the newly appointed or elected municipal officer that he or she has forfeited the elected or appointed position and will not be seated or sworn; - Accept a revised statement that is compliant from a seated municipal officer; and, - Accept voluntary payment of penalties from a seated municipal officer. The Clerk or Attorney should be able to collect the civil penalties for a late or incomplete filing without first having a direction from Council where the fact isn't disputed by the seated municipal officer.3 Council involvement may only be needed with respect to seated municipal officers, beginning at the point that an affidavit is filed or when the seated municipal officer disputes the Clerk's or Attorney's notice. The Council must be notified if an affidavit of mitigating facts is filed and the seated municipal officer requests a partial or complete reduction or waiver of civil penalties, or claims that the noncompliance wasn't a willful or knowing misconduct, or contests or won't pay the civil penalties; then directions will be needed. But the Clerk or Attorney should be able to send notice and enforce subsections (a) and (b) without first having notified Council and obtained directions to enforce. Submit Affidavit to City Clerk For Council The affidavit stating mitigating facts should be submitted to the consideration by Council, not submitted directly to the Council. City Clerk for 3 We could provide in this ordinance that the City may offset the penalties against amounts to be paid by the City to a municipal officer, so that the penalties could be deducted from payments to the municipal officer if not paid separately by the municipal officer. The offset could be either voluntary or involuntary. AGENDA KENAI CITY COUNCIL — REGULAR MEETING AUGUST 6, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) '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. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) Ordinance No. 2780 -2014 — Amending KMC 12.40.010 — Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. [Clerk's Note: At its July 16" meeting, Council postponed this ordinance to the August 6"' meeting, motion to approve is on the floor.] ............................... Pg. 5 2. Ordinance No. 2781 -2014 — Amending KMC 1.85.050 — Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information .................. ............................... Pg. 53 3. Ordinance No. 2782 -2014 — Enacting KMC 14.20.171 — Group Care Facilities, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Define and Provide Zoning Regulations for Group Care Facilities .............. Pg. 73 4. Ordinance No. 2783-2014— Enacting KMC 14.20.172 —Emergency Shelters, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Provide Zoning Regulations for Emergency Shelters that Provide Temporary Housing for Homeless and Others in Need of Safe Accommodations........ Pg. 91 5. Ordinance No. 2784 -2014 — Amending KMC 14.22.010 — Land Use Table, to Designate Airports as a Conditional Use Instead of a Permitted Use, in Central Commercial, General Commercial, Light Industrial and Heavy Industrial Zones and to Clarify the Intended Land Use ................................. ............................... Pg. 107 6. Ordinance No. 2785 -2014 — Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books ............... ............................... Pg. 113 7. Resolution No. 2014 -51 — Establishing a Kenai Business Improvement Program. ................................................................................... ............................... Pg. 115 8. Resolution No. 2014 -52 — Prescribing the Officials Bond Amount for the City Administrator and Finance Director Pursuant to Section 4.3 of the Kenai Municipal Charter. ..................................................................... ............................... Pg. 123 9. Resolution No. 2014 -53 — Awarding a Professional Services Agreement in the Amount of $112,178 to Nelson Engineering, P.C., for Design and Construction Administration for the Construction of South Beach Access Road ..............Pg. 125 10. Resolution No. 2014 -54 — Authorizing the Use of the Equipment Replacement Fund to Purchase an Attachment for the New Volvo L110 Loader and Authorizing an Increase in the Loader's Purchase Contract for the Purchase of the Attachment. ................................................................................... ............................... Pg. 133 11. Resolution No. 2014 -55 — Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060 and 7.15. 070 ..................................................................... ............................... Pg. 135 E. MINUTES 1. *Regular Meeting of July 16, 2014 ................................ ............................... Pg. 139 F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified.... Pg. 145 2. *Action /Approval — Non Objection of Transferring Liquor License 95224 from Francisco Rodriquez to Ramon Gonzalez d /b /a Playa Azul and of a Restaurant Designation Permit ......................................................... ............................Pg. 147 3. *Ordinance No. 2786 -2014 — Enacting KMC 23.40.035 - Bona Fide Employer - Sponsored Medical Leave Sharing Arrangement ........ ............................... Pg. 161 4. *Ordinance No. 2787 -2014— Repealing KMC 7.15.110 -Offset Against Delinquent Taxes, and Re- Enacting the Code Section as KMC 7.15.110 - Tax Compliance, to Require Individuals and Businesses Contracting with the City to be in Compliance with City Tax Ordinances ............................................ ............................... Pg. 165 Kenai City Council Meeting Page 2 of 4 August 6, 2014 5. *Ordinance No. 2788 -2014 — Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment (SRE) — Plow Truck with Attachments ....................... Pg. 167 6. *Ordinance No. 2789-2014— Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require that the City Provide Residents of the City of Kenai with Free Services at the City -Owned Boat Launch and Parking Facility .................................................... ............................... Pg. 171 7. Action /Approval — Special Use Permit with the State of Alaska Department of Natural Resources /Division of Forestry to Conduct Aeronautical and /or Aviation Related Activities at the Kenai Municipal Airport ........ ............................... Pg. 173 8. Action /Approval — Second Amendment to the Kenai Municipal Airport Airline Operating Agreement and Terminal Area Lease between the City and Grant Aviation, Inc ................................................................ ............................... Pg. 185 H. COMMISSION /COMMITTEE REPORTS J. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee REPORT OF THE MAYOR 1. City Manager .............................................................. ............................... Pg. 193 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS 1. Ordinance No. 2748 -2014— Amending Kenai Municipal Code 1.90.020 -Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. [Clerk's Note: At its May 20" meeting, Council postponed this ordinance to the August 20'h meeting.] .enai City Council Meeting Page 3 of 4 August6,2014 2. Ordinance No. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. [Clerk's Note: At its July 2ntl meeting, Council postponed this ordinance to the August 20tt' meeting.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ................ Pg. 231 2. Correspondence from the 2014 Oilers Board of Directors Requesting a Donation to Replace Assets Damaged by a Recent Wind Storm ......... ............................... Pg. 233 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -8231. August 6, 2014 CITY OF KENAI FANCE NO. 2780 -2014 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.40.010 - DEFINITIONS, TO INCLUDE AND REGULATE THE USE OF ELECTRONIC CIGARETTES AND THE SMOKING OF NON - TOBACCO PLANT BASED MATERIALS THE SAME AS THE CITY CURRENTLY REGULATES SMOKING TOBACCO. WHEREAS, Kenai Municipal Code Chapter 12.40 - Regulation of Smoking, currently regulates smoking tobacco products but does not specifically address use of electronic cigarettes or smoking other non - tobacco substances; and, WHEREAS, use of electronic cigarettes has noticeably increased recently; and, WHEREAS, the safety of electronic cigarettes and associated vapor to the user and third parties is disputed; and, WHEREAS, the US Food and Drug Administration is moving towards regulation of e- cigarettes, but does not currently regulate them; and, WHEREAS, the use of electronic cigarettes in restaurants and other places where cigarette smoking is currently prohibited can be concerning and distracting to other patrons; and, WHEREAS, many other municipalities across the country are regulating electronic cigarettes the same or similar to tobacco cigarettes; and, WHEREAS, it is important to protect the public that chooses not to ingest certain products from any substance, whether tobacco or other plant matter, that is exhaled and may be inhaled by third parties; and, WHEREAS, Alaskan voters will have the opportunity to vote on Ballot Measure 2 on November 4, 2014, An Act to Tax and Regulate the Production, Sale and Use of Marijuana, which may increase use of marijuana in public; and, WHEREAS, like the smoking of tobacco, passage of this Ordinance would prohibit use of electronic cigarettes and the smoking of other plant based matter, in and within specified distances of indoor eating establishments, bowling alleys, businesses and outdoor areas posted as no smoking, as well as healthcare facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that New Text Underlined; )DELETED TEXT BRACKETED) Page 5 of 233 Ordinance No. 2780 -2014 Page 2 of 3 Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 12.40.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 12.40.010 - Definitions, is hereby amended as follows: 12.40.010 Definitions. "Bar" means a premises licensed under AS 04.11.090 which does not employ any person under the age of twenty-one (21) and which does not serve any person under the age of twenty-one (21) unless accompanied by a parent or guardian, and where tobacco smoke cannot filter into any 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. "Business" means any legal entity, whether for profit or not for 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. "Eating establishment" means any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria, fast food service and other establishments, including any bar area of any such establishment which is not an enclosed area, the primary purpose of which is to give or offer for sale food to the public and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as kitchens in which food is prepared. "Enclosed area" means a ventilated area so that air from a smoking area is not drawn into or across the nonsmoking area where all space between a floor and ceiling is enclosed on all sides by solid walls or windows, exclusive of doors or passage ways, which extend from the floor to 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. "Health care facility" means a business, office or institution that provides medical or mental health treatment. "Operator" means and includes the owner, proprietor, manager, lessee, lessor, licensee or any other person exercising control over any eating establishment, business or bar. "Smoking" means either (1) the burning, inhaling or exhaling of a tobacco or other plant based material or carrying any lighted pipe, cigar, cigarette or other combustible substance in any manner or in any form: or (2) the use of any electronic cigarette. New Text Underlined; ]DELETED TEXT BRACKETED] Page 6 of 233 Ordinance No. 2780 -2014 Page 3 of 3 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f , this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 2, 2014 Adopted: July 16, 2014 Effective: August 15, 2014 New Text Underlined; (DELETED TEXT BRACKETED) Page 7 of 233 LM *`Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: City Councilors FROM: Mayor Porter DATE: June 26, 2014 SUBJECT: Ordinance No. 2780 -2014, E- Cigarettes The City currently regulates where tobacco cigarettes can be smoked in public as well as in certain private establishments such as restaurants and healthcare facilities. Electronic cigarettes, which involve vaporizing certain substances, have become more noticeable and popular. Many municipalities and airlines across the country already regulate electronic cigarettes the same as tobacco. The FDA does not regulate electronic cigarettes but is in the process of doing so. The safety of these devices to the user and third party is contested and debated. However, until and unless it is conclusively determined that electronic cigarettes are safe with regards to second hand "smoke" I strongly believe the City should protect its residents the same as they are protected from second hand smoke from tobacco. I have also included in this Ordinance a reference to smoking other plant based material. Again, like with electronic cigarettes this is a proactive measure to protect non - smokers from those who choose to smoke, whether it is tobacco or some other substance such as marijuana. With the upcoming vote on Ballot Measure 2, An Act to Tax and Regulate the Production, Sale, and Use of Marijuana, this Ordinance is timely. This Ordinance would not interfere with any state or federal regulation regarding electronic cigarettes or marijuana, as it does not make either permissible or impermissible, but only prohibits their use in certain places, the same as tobacco is regulated. Your consideration is appreciated. YACity Counci]Nemorandums\2014 0626 E- Cigarettes Memo.docx Page 8 of 233 THE STATE °fALASKA GOVERNOR SEAN PARNELL Electronic Cigarette and Aerosol Emissions Product Update and Position Department of Health and Social Services DIVISION OF PUBLIC HEALTH Director's Office 3601 C Street, Suite 756 Anchorage, Alaska 99503.5924 Main: 907.269.8126 Fax: 907,269.2048 Electronic cigarettes (e- cigarettes, a -cigs, e- hookah or vape pens) are marketed by the Tobacco Industry and other manufacturers as a new nicotine delivery system. These battery- powered devices heat nicotine, flavor additives and other chemicals, to produce an aerosol inhaled by the user. Their production is unregulated and varies widely - recent research and consumer experience reflect questionable product quality, content and safety.' With only limited research to date, the presence of toxins and cancer - causing agents as well as the health effects of their use are not yet fully known. Chemical and Toxin Emissions in E- Cigarette Aerosol • E- cigarettes do not just emit "harmless water vapor." Secondhand e- cigarette aerosol (incorrectly called vapor by the industry) contains nicotine, ultrafine particles and low levels of toxins that are known to cause cancer.2 The FDA's initial investigation into the content of e- cigarettes found the aerosol potentially hazardous to the public's health due to tobacco - specific nitrosamines and other volatile organic compounds.3 • Studies have shown the presence of heavy metals and carcinogens in e- cigarette aerosol. 4,5,6 • Propylene glycol, a chemical that is used as a base in e- cigarette solution, is one of the primary components in the aerosol emitted by e- cigarettes. • Short term exposure causes eye, throat and airway irritation.' • Long term inhalation exposure can result in children developing asthma.$ • Because they look like traditional cigarettes and emit the aerosol, e- cigarettes have the potential to negatively impact social norms and make smokefree workplace policies harder to enforce. In some states and communities, the public is being protected from potential health harms through local ordinances and regulations prohibiting e- cigarette use in indoor environments. Industry Marketing and the Rise in Youth E- Cigarette Use • The U.S. Food and Drug Administration (FDA) does not currently regulate these products. • Marketers use child - friendly flavors such as "Gumi Bearz" or "Mount N' Do"', themes of rebellion, and celebrity endorsements - strategies long used to market traditional cigarettes to children. • Sales of e- cigarettes in the U.S, have doubled since 2011 to $1.7 billion in 2013.' • Although youth smoking rates have decreased, e- cigarette use has risen across the U.S. and, alarmingly, doubled among middle and high school students between 2011 and 2012.10 i� ,Y MkWUhW HigF khool S.&e t $rude . Page 9 of 233 Use of Cigarettes and Electronic Cigarettes by U.S. Students in 2011 and 2012. Data are from the Centers for Disease Control and Prevention' Electronic Cigarette and Aerosol Emissions Product Update and Position Page 2 Lack of Reliability, Safety Require Regulation and Extensive Research E- cigarettes contain varying levels of nicotine - a tobacco- derived product — which can initiate and/or prolong nicotine addiction.' • These unregulated products may provide uncontrolled doses of nicotine and other harmful chemicals - users have no way of being certain how much is being inhaled or exhaled. " • Ingestion or skin contact with nicotine solution from a cartridge can lead to nicotine poisoning and can be deadly, especially to children and animals. Accidental nicotine poisonings and lethal doses are a serious concern because the refill "juice" is not sold in child - resistant containers. • Dozens of Alaskan youth are treated for nicotine poisoning every year." • Nicotine affects the nervous system and heart, and can negatively affect the developing brain. It should not be made available to minors. E- Cigarettes are Not an FDA- approved Cessation Device • The FDA has not approved e- cigarettes as an effective method to help smokers quit. • FDA - approved tobacco cessation products provide controlled doses of nicotine and have been tested and regulated as cessation products. Alaska's Tobacco Quit Line is a free service for all Alaskans ready to quit tobacco. Counseling and FDA - approved Nicotine Replacement Therapies, when used in combination, have been shown to be a safe and effective way to quit. Call 1 -800 QUIT NOW or visit www.aiaskaouillitie.com to enroll today. Alaska has seen tremendous progress in reducing smoking but we must remain ever vigilant to protect our young people. Because they are unregulated, the e- cigarette industry has grown markedly over the last few years using old tactics like celebrities to promote and glamorize their use, addicting those most impressionable. More research is needed on the long- term health effects, but we can take steps today to protect our young people. Ward B. Hurlburt, M.D., MPH Chief Medical Officer, Alaska Department of Health and Social Services May 21, 2014 'US Food and Drug Administration Evaluation of e- cigarettes. 2009. Available at: hl-W Y.www.lda.gov /downloads /Dru%iSC encpk ea i /UCMI 73250.od1. Accessed March 4, 2014 ' Grano, R; Benowitz, N; Glantz, S. "Background Paper on E- cigarettes," Center for Tobacco Control Research and Education, University of California, San Francisco and WHO Collaborating Center on Tobacco Control. December 2013. ' Fairchild, Amy L PhD, MPH, Sayer, Ronald PhD, Colgrove, James Pho, MPH, New England Journal of Medicine January 23, 2014; 370: 293.295. Accessed from: htt- 11�www.neim arc /tlai /lull /10 3056/NEJMO131394070 r =TOCB ° Williams, M, Villarreal, A, Sozhilov, K, Lin, S, Talbot, P. Metal and silicate particles including nanopan Iles are present in electronic cigarette cartomizer fluid and aerosol. Pies ONE. Sept. 2013. ' Goniewicz, ML, Knysak, 1, Gawron, M, et al. Levels of selected carcinogens and toxicants in vapour from electronic cigarettes. Tobacco Control. 2013. ° Schripp, T. Markewitz, D, Uhde, E, Safthammer, T. Does a cigarette consumption cause passive vaping? Indoor Air. 2013. ' Wieslander, G; Norback, D; Lindgren, T. "Experimental exposure to propylene glycol mist in aviation emergency training: acute ocular and respiratory effects." Occupational and Environmental Medicine 58:10 649 -655, 2001. ° Choi, H; Schmidbauer,N; Spengler.); Bornehag, C.,"Sources of Propylene Glycol and Glycol Ethers in Air at Home," International Journal of Environmental Research and Public Health 7(12):4213 -4237, December 2010. ' Fatboy Vapors: eLauid Menu htt : jwww tatbowaporsalaska. cam /q!elig_md 21clayg 30 Centers for Disease Control and Prevention. Tobacca Product Use Among Middle and High School Students — United States, 2011 and 2012. Morbidity and Mortality Weekly Report 2013;62145):893 -7 [accessed 2014 Feb 141. h4p11A. y.tdc ;c. nwrikievielinIn1wilimllmn,62 45a2 htm?p rid = °,20mmE24_Sa'_Mn. w " U.S. Food and Drug Administration. "FDA and Publc Health Experts Warn About Electronic Cigarettes." July 22, 2009. Available at: mo /w f rem n0unceme1)1si2009jucm173222 him. " Nicotine Exposures. Alaska Poison Control System. State of Alaska DHSS Page 10 of 233 MJ AMERICANS FOR NONSMOKERS' RIGHTS Defending your right to breathe smokehee air since 1976 Electronic (e -) Cigarettes and Secondhand Aerosol "If you are around somebody who is using e- cigarettes, you are breathing an aerosol of exhaled nicotine, ultra -fine particles, volatile organic compounds, and other toxins," Dr. Stanton Glantz, Director for the Center for Tobacco Control Research and Education at the University of California, San Francisco. Current Legislative Landscape • As of January 2, 2014, 108 municipalities and three states include e- cigarettes as products that are prohibited from use in smokefree environments. Constituents of Secondhand Aerosol E- cigarettes do not just emit "harmless water vapor." Secondhand e- cigarette aerosol (incorrectly called vapor by the industry) contains nicotine, ultrafine particles and low levels of toxins that are known to cause cancer. • E- cigarette aerosol is made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke.' • Exposure to fine and ultrafine particles may exacerbate respiratory ailments like asthma, and constrict arteries which could trigger a heart attack .2 • At least 10 chemicals identified in e- cigarette aerosol are on California's Proposition 65 list of carcinogens and reproductive toxins, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986. The compounds that have already been identified in mainstream (MS) or secondhand (SS) e- cigarette aerosol include: Acetaldehyde (MS), Benzene (SS), Cadmium (MS), Formaldehyde (MS,SS), Isoprene (SS), Lead (MS), Nickel (MS), Nicotine (MS, SS), N- Nitrosonornicotine (MS, SS), Toluene (MS, SS).1 ,4 • E- cigarettes contain and emit propylene glycol, a chemical that is used as a base in e- cigarette solution and is one of the primary components in the aerosol emitted by e- cigarettes. • Short term exposure causes eye, throat, and airway irritation.' • Long term inhalation exposure can result in children developing asthma.' • Even though propylene glycol is FDA approved for use in some products, the inhalation of vaporized nicotine in propylene glycol is not. Some studies show that heating propylene glycol changes its chemical composition, producing small amounts of propylene oxide, a known carcinogen.' • There are metals in e- cigarette aerosol, including chromium, nickel, and tin nanoparticles.e • FDA scientists found detectable levels of carcinogenic tobacco - specific nitrosamines in e- cigarette aerosol.9 2530 San Pablo Avenue, Suite J . Berkeley, California 94702 . (510) 841 -3032 / FAX (510) 841 -3071 www.no- smoke.org . am @no- smoke.org Page 11 of 233 • People exposed to e- cigarette aerosol absorb nicotine (measured as cotinine), with one study showing levels comparable to passive smokers.1° • Diethylene Glycol, a poisonous organic compound, was also detected in e- cigarette aerosol." • Exhaled e- cigarette aerosol contained propylene glycol, glycerol, flavorings, and nicotine, along with acetone, formaldehyde, acetaldehyde, propanal, diacetin, and triacitine.12 • Many of the elements identified in the aerosol are known to cause respiratory distress and disease. The aerosol contained particles >1 pm comprised of tin, silver, iron, nickel, aluminum, and silicate and nanoparticles ( <100 nm) of tin, chromium and nickel. The concentrations of nine of eleven elements in e- cigarette aerosol were higher than or equal to the corresponding concentrations in conventional cigarette smoke.13 • E- cigarettes cause exposure to different chemicals than found in conventional cigarettes and there is a need for risk evaluation for both primary and passive exposure to the aerosol in smokers and nonsmokers. 14 • Short term use of e- cigarettes has been shown to increase respiratory resistance and impair lung function, which may result in difficulty breathing. • Overall, e- cigarettes are a new source of Volatile Organic Compounds (VOCs) and ultrafine /fine particles in the indoor environment, thus resulting in "passive vaping. "" E- cigarette aerosol is a new source of pollution and toxins being emitted into the environment. We do not know the long -term health effects of e- cigarette use and although the industry marketing of the product implies that these products are harmless, the aerosol that e- cigarettes emit is not purely water vapor. May be reprinted with appropriate attribution to Americans for Nonsmokers' Rights, © 2014 REFERENCES ' Fuoco, F.C.; Buonanno, G.; Stabile, L.; Vigo, P., "Influential parameters on particle concentration and size distribution in the mainstream of e- cigarettes " Environmental Pollution 184: 523 -529, January 2014. 3 Gran a, R; Benowitz, N; Glantz, S. "Background Paper on E- cigarettes," Center for Tobacco Control Research and Education, University of California, San Francisco and WHO Collaborating Center on Tobacco Control. December 2013. 3 Goniewicz, M.L.; Knysak, J.; Gawron, M.; Kosmider, L.; Sobczak, A.; Kurek, 1.; Prokopowicz, A.; Jablonska- Czapla, M.; Rosik- Dulewska, C.; Havel, C.; Jacob, P.; Benowitz, N., "Levels of selected carcinogens and toxicants in vapour from electronic cigarettes " Tobacco Control [Epub ahead of print], March 6, 2013. 4 Williams, M.; Villarreal, A.; Sozhilov, K.; Lin, S.; Talbot, P., "Metal and silicate particles including nanoparticles are present in electronic cigarette cartomizer fluid and aerosol," PLoS ONE 8(3): e57987, March 20, 2013. s Wieslander, G; Norbzck, D; Lindgren, T. "Experimental exposure to propylene glycol mist in aviation emergency training acute ocular and respiratory effects." Occupational and Environmental Medicine 58:10 649 -655, 2001. e Choi, H; Schmidbauer,N; Spengler,J; Bornehag, C., "Sources of Propylene Glycol and Glycol Ethers in Air at Home " International Journal of Environmental Research and Public Health 7(12): 4213 -4237, December 2010. ' Henderson, TR; Clark, CR; Marshall, TC; Hanson, RL; & Hobbs, CH. "Heat degradation studies of solar heat transfer fluids," Solar Energy, 27, 121 -128. 1981, 2 Page 12 of 233 - Williams, M.; Villarreal, A.; Bozhilov, K.; Lin, S.; Talbot, P., "Metal and silicate particles including nanoparticles are present in electronic cigarette cartomizer fluid and aerosol:' PLOS ONE 8(3): e57987, March 20, 2013. s Westenberger, B.J., "Evaluation of e- cigarettes "St. Louis, MO: U.S. Department of Health and Human Services (DHHS), Food and Drug Administration (FDA), Center for Drug Evaluation and Research, Division of Pharmaceutical Analysis, May 4, 2009. 10 Flouris, A.D.; Chord, M.S.; Poulianiti, K.P.; Jamurtas, A.Z.; Kostikas, K.; Tzatzarakis, M.N.; Wallace, HA.; Tsatsaki, A.M.; Koutedakis, Y., "Acute impact of active and passive electronic cigarette smoking on serum cotinine and lung function," Inhalation Toxicology 25(2):91-101, February 2013. 11 Westenberger, B.J., "Evaluation of e- cigarettes " St. Louis, MO: U.S. Department of Health and Human Services (DHHS), Food and Drug Administration (FDA), Center for Drug Evaluation and Research, Division of Pharmaceutical Analysis, May 4, 2009. 12 Schripp, T.; Markewitz, D.; Uhde, E.; Salthammer, T., "Does e- cigarette consumption cause passive vaoing7 " Indoor Air 23(1): 25 -31, February 2013. 13 Williams, M.; Villarreal, A.; Bozhilov, K.; Lin, 5.; Talbot, P., "Metal and silicate Particles including nanooarticles are present in electronic cigarette cartomizer fluid and aerosol," PLoS ONE 8(3): e57987, March 20, 2013. 14 Pellegrino, R.M.; Tinghino, B.; Mangiaracina, G.; Marani, A.; Vitali, M.; Protano, C.; Osborn, J.F.; Cattaruzza, M.S., "Electronic cigarettes: an evaluation of exposure to chemicals and fine particulate matter (PM)," Annali Di Igiene 24(4).279 -88, July- August 2012. Is Vardavas, C.I.; Anagnostopoulos, N.; Kougias, M.; Evangelopoulou, V.; Connolly, G.N.; Behrakis, P.K., "Short -term pulmonary effects of using an electronic cigarette: impact on respiratory flow resistance impedance and exhaled nitric oxide Chest 141(6). 1400 -1406, June 2012. Is Schripp, T.; Markewitz, D.; Uhde, E.; Salthammer, T., "Does e- cigarette consumption cause Passive vaoing7, "Indoor Air 23(1): 25 -31, February 2013. 1402 [F &39] t 3 Page 13 of 233 Press Release Embargoed until l p.m. ET Contact: CDC Media Relations Thursday, April 3, 2014 (404) 639 -3286 New CDC study finds dramatic increase in e- cigarette - related calls to poison centers Rapid rise highlights need to monitor nicotine exposure through e- cigarette liquid and prevent future poisonings The number of calls to poison centers involving e- cigarette liquids containing nicotine rose from one per month in September 2010 to 215 per month in February 2014, according to a CDC study published in today's Morbidity and Mortality Weekly Report. The number of calls per month involving conventional cigarettes did not show a similar increase during the same time period. More than half (51.1 percent) of the calls to poison centers due to e- cigarettes involved young children 5 years and under, and about 42 percent of the poison calls involved people age 20 and older. The analysis compared total monthly poison center calls involving e- cigarettes and conventional cigarettes, and found the proportion of e- cigarette calls jumped from 0.3 percent in September 2010 to 41.7 percent in February 2014. Poisoning from conventional cigarettes is generally due to young children eating them. Poisoning related to e- cigarettes involves the liquid containing nicotine used in the devices and can occur in three ways: by ingestion, inhalation or absorption through the skin or eyes. "This report raises another red flag about e- cigarettes — the liquid nicotine used in e- cigarettes can be hazardous," said CDC Director Tom Frieden, M.D., M.P.H. "Use of these products is skyrocketing and these poisonings will continue. E- cigarette liquids as currently sold are a threat to small children because they are not required to be childproof, and they come in candy and fruit flavors that are appealing to children." E- cigarette calls were more likely than cigarette calls to include a report of an adverse health effect following exposure. The most common adverse health effects mentioned in e- cigarette calls were vomiting, nausea and eye irritation. yy u.ncq. DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION e " SAFER -HEALTH I ER- PEOPLE` Page 14 of 233 `d ror mts study came from the poison centers that serve the 50 states, the District of Columbia, and U.S. Territories. The study examined all calls reporting exposure to conventional cigarettes, e- cigarettes, or nicotine liquid used in e- cigarettes. Poison centers reported 2,405 e- cigarette and 16,248 cigarette exposure calls from September 2010 to February 2014. The total number of poisoning cases is likely higher than reflected in this study, because not all exposures might have been reported to poison centers. "The most recent National Youth Tobacco Survey showed e- cigarette use is growing fast, and now this report shows e- cigarette related poisonings are also increasing rapidly," said Tim McAfee, M.D., M.P.H., Director of CDC's Office on Smoking and Health. "Health care providers, e- cigarette companies and distributors, and the general public need to be aware of this potential health risk from e- cigarettes." Developing strategies to monitor and prevent future poisonings is critical given the rapid increase in e- cigarette related poisonings. The report shows that e- cigarette liquids containing nicotine have the potential to cause immediate adverse health effects and represent an emerging public health concern. U.S. Department of Health and Human Services CDC works 24/7 saving lives, protecting people from health threats, and saving money through prevention. Whether these threats are global or domestic, chronic or acute, curable orpreventable, natural disaster or deliberate attack, CDC is the nation's health protection agency. aun«, u DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION o ""U^ SAFER °HEALTHIER• PEOPLE Page 15 of 233 As founder of ROC the Kenai, a youth sponsored program dedicated to promoting the respect of our community, I strongly support Mayor Porter's ordinance to regulate e- cigarettes the same as traditional cigarettes, cigars, and tobacco pipes. In order to become more knowledgeable S and supportive about this topic, I conducted my own research to find some facts. These facts are from the American Journal of Preventive Medicine, the New York Times, the New England Journal of Medicine, the Juneau Empire and National Public Radio. d E- cigarettes are marketed as a "safer, harmless, and cleaner way to deliver a puff of nicotine. Nicotine is a drug that causes a sudden "kick" when inhaled through the lungs. After the "kick" dissolves, then depression occurs, causing the smoker to want more. Nicotine is extraordinarily addicting and of concern. It is a stimulant, and in larger doses, it is toxic. E- cigarettes can cause people who are not using nicotine — like teens or non- smokers — to start to use nicotine. Other facts include... e- cigarettes as quitting aids can be ineffective due to the fluctuating nicotine content. Most cartridges have a range of up to 20 milligrams of nicotine. However, refill kits allow consumers to fill used cartridges with replacement solutions at much higher doses. Instructions for filling S 3 J cartridges with marijuana hash oil can be easily accessed ,q on the Internet. The safety of inhaling propylene glycol W:�,Ave% (b �� � �e 16 of 233 over an extended period of time has not been studied in humans. E- cigarettes are creating, once again, an allure and prestige around the act of smoking. They target youth in glamorizing, sexualizing, advertisements. There is a concern that E- cigarettes are going to renormalize smoking. The amount of youth using E- cigarettes PIM doubled between 2011 -2012. Not only does the high tech aspect appeal to youth, but the many flavors, such as grape and candy flavors are also attractive. Council, I ask you this: What kind of message would be sent to the youth of our community by allowing the use of E- cigarettes in public places? What would your reaction be if patrons of our beautiful library began puffing on E- cigarettes in the presence of children? This became a real problem in Juneau, where Robert Barr, director of the downtown library said that since e- cigarettes became popular, he has had about six instances in which library patrons either asked if they could use an e- cigarette inside or just took one out without asking and started puffing. With e- cigarettes left out of the city's secondhand smoke control code, library staff couldn't legally say no, and they couldn't do Page 17 of 233 anything when other patrons complained about the vapor. We certainly don't want vapors in city buildings and other public places. Let's not promote the use of a thinly disguised dispenser of nicotine as "harmless ". I ask the City of Kenai to stand for healthy, clean air. Most importantly, be proactive and positive for the youth in this community. Take the stance that,I of any kind, is not allowed in public places. Let's keep moving forward in the prevention of smoking in community areas, not backwards. Respect the health of our citizens, respect our youth and respect our community. Page 18 of 233 L Statement from specialists in nicotine science and public health policy Dr Margaret Chan Director General World Health Organisation Geneva CC: FCTC Secretariat, Parties to the FCTC, WHO Regional Offices 26 May 2014 Dear Dr Chan Reducing the toll of death and disease from tobacco — tobacco harm reduction and the Framework Convention on Tobacco Control (FCTC) We are writing in advance of important negotiations on tobacco policy later in the year at the FCTC Sixth Conference of the Parties. The work of WHO and the FCTC remains vital in reducing the intolerable toll of cancer, cardiovascular disease and respiratory illnesses caused by tobacco use. As WHO has stated, up to one billion preventable tobacco - related premature deaths are possible in the 21st Century. Such a toll of death, disease and misery demands that we are relentless in our search for all possible practical, ethical and lawful ways to reduce this burden. It is with concern therefore that a critical strategy appears to have been overlooked or even purposefully marginalised in preparations for FCTC COP -6. We refer to 'tobacco harm reduction'- the idea that the 1.3 billion people who currently smoke could do much less harm to their health if they consumed nicotine in low -risk, non - combustible form. We have known for years that people'smoke for the nicotine, but die from the smoke': the vast majority of the death and disease attributable to tobacco arises from inhalation of tar particles and toxic gases drawn into the lungs. There are now rapid developments in nicotine -based products that can effectively substitute for cigarettes but with very low risks. These include for example, e- cigarettes and other vapour products, low - nitrosamine smokeless tobacco such as snus, and other low -risk non- combustible nicotine or tobacco products that may become viable alternatives to smoking in the future. Taken together, these tobacco harm reduction products could play a significant role in meeting the 2025 UN non - communicable disease (NCD) objectives by driving down smoking prevalence and cigarette consumption. Indeed, it is hard to imagine major reductions in tobacco - related NCDs without the contribution of tobacco harm reduction. Even though most of us would prefer people to quit smoking and using nicotine altogether, experience suggests that many smokers cannot or choose not to give up nicotine and will continue to smoke if there is no safer alternative available that is acceptable to them. We respectfully suggest that the following principles should underpin the public health approach to tobacco harm reduction, with global leadership from WHO: Page 19 of 233 Statement from specialists in nicotine science and public health policy 1. Tobacco harm reduction is part of the solution, not part of the problem. It could make a significant contribution to reducing the global burden of non - communicable diseases caused by smoking, and do so much faster than conventional strategies. If regulators treat low -risk nicotine products as traditional tobacco products and seek to reduce their use without recognising their potential as low -risk alternatives to smoking, they are improperly defining them as part of the problem. 2. Tobacco harm reduction policies should be evidence -based and proportionate to risk, and give due weight to the significant reductions in risk that are achieved when a smoker switches to a low risk nicotine product. Regulation should be proportionate and balanced to exploit the considerable health opportunities, while managing residual risks. The architecture of the FCTC is not currently well suited to this purpose. 3. on a precautionary basis, regulators should avoid support far measures that could have the perverse effect of prolonging cigarette consumption. Policies that are excessively restrictive or burdensome on lower risk products can have the unintended consequence of protecting cigarettes from competition from less hazardous alternatives, and cause harm as a result. Every policy related to low risk, non - combustible nicotine products should be assessed for this risk. 4. Targets and indicators for reduction of tobacco consumption should be aligned with the ultimate goal of reducing disease and premature death, not nicotine use per se, and therefore focus primarily on reducing smoking. In designing targets for the non - communicable disease (NCD) framework or emerging Sustainable Development Goals it would be counterproductive and potentially harmful to include reduction of low -risk nicotine products, such as e- cigarettes, within these targets: instead these products should have an important role in meeting the targets. S. Tobacco harm reduction is strongly consistent with good public health policy and practice and it would be unethical and harmful to inhibit the option to switch to tobacco harm reduction products. As the WHO's Ottawa Charter states: "Health promotion is the process of enabling people to increase control over, and to improve, their health ". Tobacco harm reduction allows people to control the risk associated with taking nicotine and to reduce it down to very low or negligible levels. 6. It is counterproductive to ban the advertising of e- cigarettes and other low risk alternatives to smoking. The case for banning tobacco advertising rests on the great harm that smoking causes, but no such argument applies to e- cigarettes, for example, which are far more likely to reduce harm by reducing smoking. Controls on advertising to non- smokers, and particularly to young people are certainly justified, but a total ban would have many negative effects, including protection of the cigarette market and implicit support for tobacco companies. It is possible to target advertising at existing smokers where the benefits are potentially huge and the risks minimal. It is inappropriate to apply Article 13 of the FCTC (Tobacco advertising, promotion and sponsorship) to these products. Page 20 of 233 Statement from specialists in nicotine science and public health policy 7. It is inappropriate to apply legislation designed to protect bystanders or workers from tobacco smoke to vapour products. There is no evidence at present of material risk to health from vapour emitted from e- cigarettes. Decisions on whether it is permitted or banned in a particular space should rest with the owners or operators of public spaces, who can take a wide range of factors into account. Article 8 of the FCTC (Protection from exposure to tobacco smoke) should not be applied to these products at this time. 8. The tax regime for nicotine products should reflect risk and be organised to create incentives for users to switch from smoking to low risk harm reduction products. Excessive taxation of low risk products relative to combustible tobacco deters smokers from switching and will cause more smoking and harm than there otherwise would be. 9. WHO and national governments should take a dispassionate view of scientific arguments, and not acceptor promote flawed media or activist misinterpretations of data. For example, much has been made of 'gateway effects', in which use of low -risk products would, it is claimed, lead to use of high -risk smoked products. We are unaware of any credible evidence that supports this conjecture. Indeed, similar arguments have been made about the use of smokeless tobacco in Scandinavia but the evidence is now clear that this product has made a significant contribution to reducing both smoking rates and tobacco - related disease, particularly among males. 10. WHO and parties to the FCTC need credible objective scientific and policy assessments with an international perspective. The WHO Study Group on Tobacco Product Regulation (TobReg) produced a series of high quality expert reports between 2005 and 2010. This committee should be constituted with world -class experts and tasked to provide further high -grade independent advice to the WHO and Parties on the issues raised above. The potential for tobacco harm reduction products to reduce the burden of smoking related disease is very large, and these products could be among the most significant health innovations of the 21" Century — perhaps saving hundreds of millions of lives. The urge to control and suppress them as tobacco products should be resisted and instead regulation that is fit for purpose and designed to realise the potential should be championed by WHO. We are deeply concerned that the classification of these products as tobacco and their inclusion in the FCTC will do more harm than good, and obstruct efforts to meet the targets to reduce non - communicable disease we are all committed to. We hope that under your leadership, the WHO and FCTC will be in the vanguard of science - based, effective and ethical tobacco policy, embracing tobacco harm reduction. We would be grateful for your considered reaction to these proposals, and we would like to request a meeting with you and relevant staff and a small delegation of signatories to this letter. This statement and any related information will be available on the Nicotine Science and Policy web site (http: / /nicatinepolicy.net) from 29 May 2014. Yours sincerely, 3 Page 21 of 233 Statement from specialists in nicotine science and public health policy Signatories this statement at 26 May 2014 Professor David Abrams Professor of Health Behavior and Society. The Johns Hopkins Bloomberg School of Public Health. Maryland. USA. Professor of Oncology (adjunct). Georgetown University Medical Center, Lombardi Comprehensive Cancer Center. Washington DC. United States of America Professor Tony Axbll Emeritus Professor Geriatric Dentistry Consultant in Oral Medicine Sweden Professor Pierre Bartsch Respiratory physician, Faculty of Medicine University of Liege Belgium Professor Linda Bauld Professor of Health Policy Director of the Institute for Social Marketing Deputy Director, UK Centre for Tobacco and Alcohol Studies University of Stirling United Kingdom Professor Ron Borland Nigel Gray Distinguished Fellow in Cancer Prevention at Cancer Council Victoria Professorial Fellow School of Population Health and Department of Information Systems University of Melbourne, Australia Professor John Britton Professor of Epidemiology; Director, UK Centre for Tobacco & Alcohol Studies, Faculty of Medicine & Health Sciences University of Nottingham, United Kingdom Associate Professor Chris Bullen Director, National Institute for Health Innovation School of Population Health, University of Auckland, New Zealand Professor Emeritus Andre Castonguay Faculty of Pharmacy Universite Laval, Quebec, Canada. Dr Lynne Dawkins Senior Lecturer in Psychology, Co- ordinator: Drugs and Addictive Behaviours Research Group School of Psychology, University of East London, United Kingdom Professor Ernest Drucker Professor Emeritus Department of Family and Social Medicine, Montefiore Medical Center /Albert Einstein College of Medicine Mailman School of Public Health Columbia University United States of America Professor Jean Frangois Etter Associate Professor Institut de sante globale, Facult@ de medecine, Universite de Geneve, Switzerland Dr Karl Fagerstrbm President, Fagerstr6m Consulting AB, Vaxholm, Sweden Dr Konstantinos Farsalinos Researcher, Onassis Cardiac Surgery Center, Athens, Greece Researcher, University Hospital Gathuisberg, Leuven, Belgium Professor Antoine Flahault Directeur de I'Institut de Sante Globale Faculte de Medecine, Universite de Geneve, Suisse/ Institute of Global Health, University of Geneva, Switzerland Professor of Public Health at the Faculte de Medecine, Universite Paris Descartes, Sorbonne Paris Cite, France Page 22 of 233 Statement from specialists in nicotine science and public health policy Dr Coral Gartner Senior Research Fellow University of Queensland Centre for Clinical Research The University of Queensland, Australia Dr Guillermo Gonzalez Psychiatrist Comisi6n de Rehabilitaci6n an Enfermedad Mental Grave Clfnica San Miguel Madrid, Spain Dr Nigel Gray Member of Special Advisory Committee on Tobacco Regulation of the World Health Organization Honorary Senior Associate Cancer Council Victoria Australia Professor Peter Hajek Professor of Clinical Psychology and Director, Health and Lifestyle Research Unit UK Centre for Tobacco and Alcohol Studies Wolfson Institute of Preventive Medicine, Barts and The London School of Medicine and Dentistry Queen Mary University of London, United Kingdom Professor Wayne Hall Director and Inaugural Chair, Centre for Youth Substance Abuse Research University of Queensland Australia Professor John Hughes Professor of Psychology, Psychiatry and Family Practice University of Vermont United States of America Professor Martin Jarvis Emeritus Professor of Health Psychology Department of Epidemiology & Public Health University College London, United Kingdom Professor Didier Jayle Professeur d'addictologie Conservatoire National des Arts et Metiers Paris, France Dr Martin Juneau Directeur, Direction de la Prdvention Institut de Cardiologie de Montreal Professeur Titulaire de Clinique Faculty de M6decine, University de Montreal, Canada Dr Michel Kazatchkine Member of the Global Commission on Drug Policy Senior fellow, Global Health Program, Graduate institute, Geneva, Switzerland Professor Demetrios Kouretas School of Health Sciences and Vice Rector University of Thessaly, Greece Professor Lynn Kozlowski Dean, School of Public Health and Health Professions, Professor of Community Health and Health Behavior, University at Buffalo, State University of New York, United States of America Professor Eva Kralikova Institute of Hygiene and Epidemiology Centre for Tobacco- Dependence First Faculty of Medicine Charles University in Prague and General University Hospital in Prague, Czech Republic Professor Michael Kunze Head of the Institute for Social Medicine Medical University of Vienna, Austria Dr Murray Laugesen Director Health New Zealand, Lyttelton, Christchurch, New Zealand Page 23 of 233 Statement from specialists in nicotine science and public health policy Dr Jacques Le Houezec Consultant in Public Health, Tobacco dependence, Rennes, France Honorary Lecturer, UK Centre for Tobacco Control Studies, University of Nottingham, United Kingdom Dr Kgosi Letlape President of the Africa Medical Association Former President of the World Medical Association Former Chairman of Council of the South African Medical Association South Africa Dr Karl Erik Lund Research director Norwegian Institute for Alcohol and Drug Research, Oslo, Norway Dr Gerard Mathern President de 1'Institut Rhone -Alpes de Tabacologie Saint - Chamond, France Professor Richard Mattick NHMRC Principal Research Fellow Immediate Past Director NDARC (2001- 2009) National Drug and Alcohol Research Centre ( NDARC) Faculty of Medicine The University of New South Wales, Australia Professor Ann McNeill Professor of Tobacco Addiction Deputy Director, UK Centre for Tobacco and Alcohol Studies National Addiction Centre Institute of Psychiatry King's College London, United Kingdom Dr Hayden McRobbie Reader in Public Health Interventions, Wolfson Institute of Preventive Medicine, Queen Mary University of London, United Kingdom Dr Anders Milton Former President of the Swedish Red Cross Former President and Secretary of the Swedish Medical Association Former Chairman of the World Medical Association Owner & Principal Milton Consulting, Sweden Professor Marcus Munafo Professor of Biological Psychology MRC Integrative Epidemiology Unit at the University of Bristol UK Centre for Tobacco and Alcohol Studies School of Experimental Psychology University of Bristol, United Kingdom Professor David Nutt Chair of the Independent Scientific Committee on Drugs (UK) Edmund J Safra Professor of N eu ropsych opha rm acolo gy Head of the Department of Neu ropsychopharmacology and Molecular Imaging Imperial College London, United Kingdom Dr Gaston Ostiguy Professeuragrege Directeur de la Clinique de cessation tabagique Centre universitaire de sante McGill (CUSM) Institut thoracique de Montreal, Canada Professor Riccardo Polosa Director of the Institute for Internal Medicine and Clinical Immunology, University of Catania, Italy. Dr Lars Ramstrom Director Institute for Tobacco Studies Toby, Sweden Page 24 of 233 Statement from specialists in nicotine science and public health policy Dr Martin Raw Special Lecturer UK Centre for Tobacco and Alcohol Studies Division of Epidemiology and Public Health University of Nottingham, United Kingdom Professor Andrzej Sobczak Department of General and Inorganic Chemistry, Faculty of Pharmacy and Laboratory Medicine, Medical University of Silesia, Katowice, Poland Institute of Occupational Medicine and Environmental Health Sosnowiec, Poland Professor Gerry Stimson Emeritus Professor, Imperial College London; Visiting Professor, London School of Hygiene and Tropical Medicine United Kingdom Professor Tim Stockwell Director, Centre for Addictions Research of BC Professor, Department of Psychology University of Victoria, British Columbia, Canada Professor David Sweanor Adjunct Professor, Faculty of Law, University of Ottawa Special Lecturer, Division of Epidemiology and Public Health, University of Nottingham, United Kingdom Professor Umberto Tirelli Director Department of Medical Oncology National Cancer Institute of Aviano Italy Professor Umberto Veronesi Scientific Director IEO Istituto Europeo di Oncologia Former Minister of Health, Italy Professor Kenneth Warner Avedis Donabedian Distinguished University Professor of Public Health Professor, Health Management & Policy School of Public Health University of Michigan United States of America Professor Robert West Professor of Health Psychology and Director of Tobacco Studies Health Behaviour Research Centre, Department of Epidemiology & Public Health, University College London United Kingdom Professor Dan Xiao Director of Department Epidemiology WHO Collaborating Center for Tobacco or Health Beijing Institute of Respiratory Medicine, Beijing Chao -Yang Hospital, China Dr Derek Yach Former Executive Director, Non - Communicable Diseases Former Head of Tobacco Free Initiative, World Health Organisation (1995 -2004) Senior Vice President Vitality Group pic Director, Vitality Institute for Health Promotion United States of America Page 25 of 233 Comments Directed to the FDA Deeming Docket ID: FDA - 2014 -N -0189; RIN: 0910 -AG38 Electronic cigarettes are not tobacco products and should not be treated as such. Deeming them as tobacco is a grave error with deadly consequences for more than 40 million American smokers who will be denied access to an alternative that is more than 1,000 times safer than combustible tobacco. The proposed deeming regulations would remove more than 99% of electronic cigarette (ecig) products from the market and deliver the entire ecig business into the hands of Big Tobacco, doing more damage to public health than any cigarette company ever accomplished. This is because many of its premises are constructed on faulty assumptions (http:/ /link. springer.com /article /10....204 -013- 1127 -0), junk science ( http: / /tobaccoanalysis. blogspot.com /...ttle- more.html), and unsubstantiated propaganda ( http:// tobaccoanalysis .blogspot.com /...rettes- by.html) from the tobacco control industry (TCI). "No Evidence" One of the most flagrant exaggerations perpetrated by TCI and unfortunately reiterated numerous times by this proposed regulation is in the assertion that little or nothing is known about ecigs, that health effects are completely unknown, and that very little research had been done on the subject. These statements are demonstrably false in light of the recent systematic literature review published by Zyoud et al (2014;htto://www.biomedcentral.com/content . 458- 14- 667.odf). These authors searched for all available peer- reviewed literature on the subject of edgs and retrieved 356 documents, among which 31.5% were original journal articles, 16% letters to the editor, 7.9% review articles, and 44.6% documents that were classified as other types of publications. The retrieved documents were published in 162 peer - reviewed journals, by scientists from 27 countries. These authors also found that FDA was the most productive institution for articles related to ecigs. All 356 documents discussed by Zyoud et at (2014) should be mandatory reading for any professional and /or regulator with a serious and honest commitment to improving public health and reducing smoking rates. All ought to be critically reviewed, referenced, and thoroughly discussed by any evidence -based regulatory document related to ecigs. The critical review ought to be performed by qualified, impartial scientists with the motivation and ability to distinguish slanted junk science and deceptive inference from rigorous studies employing the scientific method, using appropriate analyses, and coming to defensible conclusions. None of these appear to apply to the current version of the proposed deeming regulation. "Cardiac Effects" Existing research already indicates that the risk profile of edgs is actually vanishingly small. For example, a recent study by Farsalinos et al. (2014; htto / /www ncbi nlm.nih. ov ubmed/24958250) examined the acute effects of ecig use on cardiac function and contrast these against the effects of smoking combustible tobacco cigarettes. The study concluded that "acute smoking causes a delay in myocardial relaxation, electronic cigarette use has no immediate effects. Electronic cigarettes' role in tobacco harm reduction should be studied intensively in order to determine whether switching to electronic cigarette use may have long -term beneficial effects on smokers' health." Another study conducted research on the direct effects of ecig vapor on cultured myocardial cells (ht[p�Lwww mdoi.com /1660 -4601 10/10/5146) and concluded that ecig vapor was significantly less toxic than tobacco smoke extract. The toxicity of vapor to myocardial cells in culture was generally low, and only Page 26 of 233 observable at the highest concentrations tested. Moreover it was not related to nicotine content, rather to specific constituents of flavoring additives. The majority of the vapor samples were found to have no adverse effects on cardiac cells, with cell survival rates similar to controls. However, there were 4 samples showing reduced cell survival suggesting that a very small proportion of flavorings may cause some harm, albeit orders of magnitude lower compared to tobacco cigarettes. Even the worst performing e- liquids in this study were 3 times less harmful compared to cigarette smoke. Since flavors play an important role in the acceptance and success of ecigs, all flavors should be tested in order to identify which may be harmful to use. Taken together, these results strongly indicate that the risk profile of ecigs is vanishingly small, and may well be reduced even further by thoughtful research of flavoring compounds. The FDA has a mandate and a moral obligation to protect public health by encouraging all smokers to switch to far less hazardous electronic cigarettes and to fund research that will further improve their risk profile. Researchers who are not conflicted by any current or previous association with the tobacco control industry, pharmaceuticals, or tobacco should be supported and encouraged to pursue these studies. Continued improvement and innovation of electronic cigarettes is in the interest of public health, not snubbing them by deeming as tobacco products. "Burstyn Study" The evaluation of the health effects of ecigs in Section IV.B is particularly egregious, being wrought with deprecated information, inaccuracies, and prejudice. Conspicuously, this section does not reference the single most comprehensive review study to date on the risks posed by ecig use published by Burstyn (2013). This study reviewed more than 9000 observations of the chemistry of ecig aerosol and compared them against worst -case exposure scenarios. The results unequivocally indicate that the vast majority of predicted exposures are «1% of Threshold Limit Values (TLV) for involuntary workplace exposures. The study concludes that "there was no evidence of potential for exposures of e-cigarette users to contaminants that are associated with risk to health at a level that would warrant attention if it were an involuntary workplace exposures by approaching half of TLV." And further that "exposures of bystanders are likely to be orders of magnitude less, and thus pose no apparent concern." This study should be mandatory reading for any professional and /or regulator with a serious and honest commitment to improving public health and reducing smoking rates. "Hyperbole" FDA states: "There are no significant safety concerns associated with using more than one OTC NRT (over the counter nicotine replacement therapy] at the same time, or using an OTC NRT at the same time as another nicotine- containing product— including a cigarette." (http:/Iwww.fda.gov/forconsumers/cons ... /ucm345087. htm) New research from Europe verifies the safety of ecig liquids and concludes "most of the media and regulatory attention surrounding the risks of nicotine solutions were hyperbole." (http: / /ecita.o rg. uk/docs /EU_Classifi...l_ toxicity. pdf) Electronic cigarette liquids with a concentration of less than 2.5% (25 mg /ml) should not be classified as a hazardous substance for acute oral or dermal toxicity (under the EC regulations, which are aligned with the UN Globally Harmonized System of Classification and Labeling of Chemicals). Higher nicotine concentrations (up to 5% or 50 mg /ml for dermal classification, and even higher for oral classification) should be considered as CLP category 4, the same labeling requirement used for liquid hand soap. This report was peer- reviewed and endorsed by three prominent health researchers, as documented here:http://www.ecita.org.uk/blog/index.p...c-is-e-liquid/ Page 27 of 233 "Youth and Quitting Studies" All available (and respectable) scientific evidence indicates that electronic cigarettes (e -cigs or ecigs) are a major positive development in the public health field and have helped tens of millions of smokers (worldwide) switch to an alternative that is muds safer than combustible tobacco. In addition, this evidence thoroughly and definitively debunks the "gateway" myth maliciously invented and propagated by the tobacco control industry. The following studies reinforce these statements and should be reviewed by any professional and /or regulator with a serious and honest commitment to improving public health and reducing smoking rates. A new report from ASH Scotland ( http:// www. ashscotiand. ora.uk/media /...rt%2007.14.pdf) . found: - 22% of teens (13 -18 years) smoked one or more cigarettes per week, - 15% of teen smokers used an e-cig one or more times per week, - 2% of teen nonsmokers used an e-cig one or more times per week, - 39% of teens reported ever use of an e-cig, - Among teen smokers who used e-cigs, 29% did so to quit smoking, 23% did so to reduce cigarette consumption, - 53% of teens agreed that e-cigs are less harmful than cigarettes, while 12% disagreed, - 12% of teens thought cigarette smoking was cool, and 12% thought e-cig use was cool A similar survey from Wales (ASH Wales: http: / /www.ashwales.org.uk/creo file... march 2014.odf) had even stronger evidence that e- cigarettes help smokers quit as well as categorically do not entice non - smoking youth: - 56.1% of teen smokers ever used an a -dg, - 3.8% of teens who never smoked had ever used an e-cig, - 33.7% of teen smokers currently use a -rigs, - 5.6% of teen exsmokers currently use e-cigs - .3% of teens who never smoked currently use e-cigs Older results from England also agree (http: / /www.ash.orc.uk/files /documents /ASH 891.ydf): - The success rate for smoking cessation in the UK by use of an ecig is 33% - The number of UK vapers has tripled in the last 2 years [1] - There are more than 2 million vapers in the UK although some have now totally quit (ceased use of any /all inhalation products) - About 200h of smokers are now vapers or have totally quit both smoking and vaping by use of an ecig - About 700,000 vapers have quit smoking by use of an ecig or have totally quit - So around 7% [2] of UK smokers have quit by use of an ecig, and clearly that number will rise significantly over time - The number of non - smokers who are regular ecig users is almost unmeasurably small - The number of minors (under -18s) who are regular ecig users is almost unmeasurably small In addition, based on results from a recent publication from Harvard, Dr. Konstantinos Farsalinos, cardiologist at the Onassis cardiac Surgery Centre in Athens, told the New Scientist: "This study verifies that e- cigarette use does not renormalize smoking. The results show minimal adoption by non - smokers." (https:/Iuk.news.Yahoo.com/harvard-st ... 6.html# qH LTVUi). The FDA has a mandate and a moral obligation to protect public health by actively seeking and critically reviewing all the available evidence, as well as funding additional research that will further improve our Page 28 of 233 understanding of ecigs. Researchers who are not conflicted by any current or previous association with tobacco control, pharmaceuticals, or Big Tobacco should be supported and encouraged to pursue these studies. Continued improvement and innovation of electronic cigarettes is in the interest of public health, not snubbing them by deeming as tobacco products. Burstyn (2013): http: / /publichealth. drexel .edu /— /med...ealth /ms08.pdf Page 29 of 233 Technical Report July - August 2013 Peering through the mist: What does the chemistry of contaminants in electronic cigarettes tell us about health risks? Igor Burstyn, PhD Department of Environmental and Occupational Health School .of Public Health Drexel University 1505 Race St., Mail Stop 41034 Philadelphia, PA 19102 USA Tel: 215.762.2909 I Fax: 215.762.8846 igar.burstyn@drexel.edu Abstract The aim of this paper is to review available data on chemistry of aerosols and liquids of electronic cigarettes and to make predictions about compliance with occupational exposure limits of personal exposures of vapers (e- cigarette users) to compounds found in the aerosol. Both peer - reviewed and "grey" literatures were accessed and more than 9000 observations of highly variable quality were extracted. Comparisons to the most universally recognized workplace exposure standards, Threshold Limit Values (TLVs), were conducted under "worst case" assumptions about both chemical content of aerosol and liquids as well as behavior of vapers. The calculations reveal that there was no evidence of potential for exposures of e- cigarette users to contaminants that are associated with risk to health at a level that would warrant attention if it were an involuntary workplace exposures by approaching half of TLV. The vast majority of predicted exposures are «3% of TLV. Predicted exposures to acrolein and formaldehyde are typically <5% TLV. Considering exposure to the aerosol as a mixture of contaminants did not indicate that exceeding half of TLV for mixtures was plausible. Only exposures to the declared major ingredients -- propylene glycol and glycerin -- warrant attention because of precautionary nature of TLVs for exposures to hydrocarbons with no established toxicity. Comparing the exposure to nicotine to existing occupational exposure standards is not valid so long as nicotine - containing liquid is not mislabeled as nicotine -free. It must be noted that the quality of much of the data that was available for these assessment was poor, and so much can be done to improve certainty In this risk assessment. However, the existing research is of the quality that is comparable with most workplace assessments for novel technologies. In summary, an analysis of current state of knowledge about chemistry of liquids and aerosols associated with electronic cigarettes indicates that there is no evidence that vaping produces inhalable exposures to contaminants of the aerosol that would warrant health concerns by the standards that are used to ensure safety of workplaces. However, the aerosol generated during vaping as a whole (contaminants plus declared ingredients), if it were an emission from industrial process, creates personal exposures that would justify surveillance of health among exposed persons in conjunction with investigation of means to keep health effects as low as reasonably achievable. Exposures of bystanders are likely to be orders of magnitude less, and thus pose no apparent concern. Keywords: vaping, e- cigarettes, tobacco harm reduction, risk assessment, aerosol, occupational exposure limit Page 30 of 233 Technical Report July - August 2013 Introduction Electronic cigarettes (also known as e- cigarettes) are generally recognized as a safer alternative to combusted tobacco products (reviewed in [1]), but there are conflicting claims about the degree to which these products warrant concern for the health of the vapers (e- cigarette users). Avaper inhales aerosol generated during heating of liquid contained in the e- cigarette. The technology and patterns of use are summarized by Etter [1], though there is doubt about how current, complete and accurate this information is. Rather conclusive evidence has been amassed to date on comparison of the chemistry of aerosol generated by electronic cigarettes to cigarette smoke [2-8]. However, it is meaningful to consider the question of whether aerosol generated by electronic cigarettes would warrant health concerns on its own, in part because vapers will include persons who would not have been smokers and for whom the question of harm reduction from smoking is therefore not relevant, and perhaps more importantly, simply because there is value in minimizing the harm of those practicing harm reduction. One way of approaching risk evaluation in this setting is to rely on the practice, common in occupational hygiene, of relating the chemistry of industrial processes and the emissions they generate to the potential worst case of personal exposure and then drawing conclusions about whether there would be interventions in an occupational setting based on comparison to occupational exposure limits, which are designed to ensure safety of unintentionally exposed individuals. In that context, exposed individuals are assumed to be adults, and this assumption appears to be suitable for the intended consumers of electronic cigarettes. "Worst case" refers to the maximum personal exposure that can be achieved given what is known about the process that generates contaminated atmosphere (in the context of airborne exposure considered here) and the pattern of interaction with the contaminated atmosphere. It must be noted that harm reduction notions are embedded in this approach since it recognizes that while elimination of the exposure may be both impossible and undesirable, there nonetheless exists a level of exposure that is associated with negligible risks. To date, a comprehensive review of the chemistry of electronic cigarettes and the aerosols they generate has not been conducted, depriving the public of the important element of a risk - assessment process that is mandatory for environmental and occupational health policy making. The present work considers both the contaminants present in liquids and aerosols as well as the declared ingredients in the liquids. The distinction between exposure to declared ingredients and contaminants of a consumer product is important in the context of comparison to occupational or environmental exposure standards. Occupational exposure limits are developed for unintentional exposures that a person does not elect to experience. for example, being a bread baker is a choice that does not involve election to be exposed to substances that cause asthma that are part of the flour dust (most commonly, wheat antigens and fungal enzymes). Therefore, suitable occupational exposure limits are created to attempt to protect individuals from such risk on the job, with no presumption of "assumed risk" inherent in the occupation. Likewise, special regulations are in effect to protect persons from unintentional exposure to nicotine in workplaces (htto: / /www.cdc.gov /niosh /`docsl81 - 123 /odfs /0446.pdf; accessed July 12, 2013), because in environments where such exposures are possible, it is reasonable to protect individuals who do not wish to experience its effects. In other words, occupational exposure limits are based on protecting people from involuntary and unwanted exposures, and thus can be seen as appropriately more stringent than the standards that might be used for hazards that people intentionally choose to accept. By contrast, a person who elects to lawfully consume a substance is subject to different risk tolerance, as is demonstrated in the case of nicotine by the fact that legally sold cigarettes deliver doses of nicotine that exceed occupational exposure limits[9]: daily intake of 20 mg of nicotine, assuming nearly 100% absorption in the lungs and Page 31 of 233 Technical Report July - August 2013 inhalation of 4 m' of air, corresponds to roughly 10 times the occupational exposure limit of 0.5 mg /m3 atmosphere over 8 hours[lo]. Thus, whereas there is a clear case for applicability of occupational exposure limits to contaminants in a consumer product (e.g. aerosol of electronic cigarettes), there is no corresponding case for applying occupational exposure limits to declared ingredients desired by the consumer in a lawful product (e.g. nicotine in the aerosol of an electronic cigarette). Clearly, some limits must be set for voluntary exposure to compounds that are known to be a danger at plausible doses (e.g. limits on blood alcohol level while driving), but the regulatory framework should reflect whether the dosage is intentionally determined and whether the risk is assumed by the consumer. In the case of nicotine in electronic cigarettes, if the main reason the products are consumed is as an alternative source of nicotine compared to smoking, then the only relevant question is whether undesirable exposures that accompany nicotine present health risks, and the analogy with occupational exposures holds. In such cases it appears permissible to allow at least as much exposure to nicotine as from smoking before admitting to existence of new risk. It is expected that nicotine dosage will not increase in switching from smoking to electronic cigarettes because there is good evidence that consumers adjust consumption to obtain their desired or usual dose of nicotine[11). The situation is different for the vapers who want to use electronic cigarettes without nicotine and who would otherwise not have consumed nicotine. For these individuals, it is defensible to consider total exposure, Including that from any nicotine contamination, in comparison to occupational exposure limits. Inconsideration of vapers who would never have smoked or would have quit entirely, it must be remembered that the exposure is still voluntary and intentional, and comparison to occupational exposure limits is legitimate only for those compounds that the consumer does not elect to inhale. The specific aims of this review were to: 1. Synthesize evidence on the chemistry of liquids and aerosols of electronic cigarettes, with particular emphasis on the contaminants. 2. Evaluate the quality of research on the chemistry of liquids and aerosols produced by electronic cigarettes. 3. Estimate potential exposures from aerosols produced by electronic cigarettes and compare those potential exposures to occupational exposure standards. Methods Literature search Articles published in peer- reviewed journals were retrieved from PubMed ( htto: / /www.ncbi.nim.nih.gov /pubmed /) using combinations of the following keywords: "electronic cigarettes ", "e- cigarettes ", "smoking alternatives ", "chemicals ", "risks ", "electronic cigarette vapor ", "aerosol ", "ingredients ", "e- cigarette liquid ", "e -cig composition ", "e- cig chemicals ", "e -cig chemical composition ", "e -juice electronic cigarette ", "electronic cigarette gas ", "electronic cigars ". In addition, references of the retrieved articles were examined to identify further relevant articles, with particular attention paid to non -peer reviewed reports and conference presentations. Unpublished results obtained through personal communications were also reviewed. The Consumer Advocates for Smoke -free Alternatives Association (CASAA) was asked to review the retrieved bibliography to identify any reports or articles that were missed. The papers and reports were retained for analysis if they reported on the chemistry of e- cigarette liquids or aerosols. No explicit quality control criteria were applied in selection of literature for examination, except that secondary reporting of analytical results was not used. Where substantial methodological problems that precluded interpretation of analytical results were noted, these are described below. For each article that contained relevant analytical results, the compounds quantified, limits of detection, and analytical results were summarized in a spreadsheet. Wherever possible, individual analytical results (rather than averages) were recorded (see electronic Appendix A: Page 32 of 233 Technical Report July - August 2013 htLps7/ldl.(h-oi3boxusercontent.com/u 4285761 /CASAA/eAppendixA.xisx). Data contained in Appendix A is not fully summarized in the current report but can be used to investigate a variety of specific questions that may interest the reader. Each entry in Appendix A is identified by a Reference Manage ID that is linked to source materials in a list in Appendix B (linked via RefID: bttps•/idl dtonboxusercontent comtui 4285761/CASAA/AmendixB.rti1 and attached electronic copies of all original materials (Biobliographyalp: httos / /dl dror)boxusercontent.com/u/ 4285761 /CASAArbibliogrenhv.zia). Comparison of observed concentrations in aerosol to occupational exposure limits For articles that reported mass or concentration of specific compounds in the aerosol (generated by smoking machines or from volunteer vapers), measurements of compounds were converted to concentrations in the "personal breathing zone ,' which can be compared to occupational exposure limits (OELs). The 2013 Threshold Limit Values (TLVs)[10] were used as OELs because they are the most up to date and are most widely recognized internationally when local jurisdictions do not establish their own regulations (see btty / /www ilo ore /oshenc/ Dart- iv /occuoational- bygiene/itcm /575 accessed July 3, 2013). Whenever there was an uncertainty in how to perform the calculation, a "worst case" scenario was used, as is the standard practice in occupational hygiene, where the initial aim is to recognize potential for hazardous exposures and to err on the side of caution. The following assumptions were made to enable the calculations that approximate the worst -case personal exposure of a vaper (Equation 1): 1. Air the vaper breathes consists of a small volume of aerosol generated by e- cigarettes that contains a specific chemical plus pristine air; 2. The volume of aerosols inhaled from e- cigarettes is negligible compared to total volume of air inhaled; 3. The period of exposure to the aerosol considered was normalized to 8 hours, for comparability to the standard working shift for which TLVs were developed (this does not mean only 8 hours worth of vaping was considered (see point 4) but rather that amount of breathing used to dilute the day's worth of vaping exposure was 8 hours); 4. Consumption of 150 puffs in 8 hours (an upper estimate based on a rough estimate of 150 puffs by a typical vaper in a day[1]) was assumed to be conservative; 5. Breathing rate is 8liters per minute [12,13]; 6. Each puff contains the same quantity of compounds studied. [mg /m'] = mg/puff x puffs /(8 hr day) x 1 /(mj air inhaled in 8 hr) Eq. l The only exception to this methodology was when assessing a study of aerosol emitted by 5 vapers in a 60 m3 room over 5 hours that seemed to be a sufficient approximation of worst -case "bystander" exposure[6]. All calculated concentrations were expressed as the most stringent (lowest) TLV for a specific compound (i.e. assuming the most toxic form if analytical report is ambiguous) and expressed as "percent of TLV ". Considering that all the above calculations are approximate and reflecting that exposures in occupational and general environment can easily vary by a factor of 30 around the mean, we added a 10 -fold safety factor to the "percent of TLV" calculation. Details of all calculations are provided in an Excel spreadsheet (see electronic Appendix C: htrus: / /dl drooboxusercontent com /u '4285761 /CASAA /eAppcndixC.xlsx). No systematic attempt was made to convert the content of the studied liquids into potential exposures because sufficient information was available on the chemistry of aerosols to use those studies rather than making the necessary ' Atmosphere that contains air inhaled by a person Page 33 of 233 Technical Report July - August 2013 simplifying assumptions to do the conversion. However, where such calculations were performed in the original research, the following approach as used: under the (probably false — see the literature on formation of carbonyl compounds below) assumption of no chemical reaction to generate novel ingredients, composition of liquids can be used to estimate potential for exposure if it can be established how much volume of liquid is consumed in given 8 hours, following an algorithm analogous to the one described above for the aerosols (Equation 2): [mg /m'] = mg /(mL liquid) x (ml. liquid) /puff x puffs /(8 hr day) x 1 /(m' air inhaled in 8 hr) Eq. 2 Comparison to cigarette smoke was not performed here because the fad that e- cigarette aerosol is at least orders of magnitude less contaminated by toxic compounds is uncontroversial [2 -8]. Results and discussion General comments on methods In excess of 9,000 determinations of single chemicals (and rarely, mixtures) were reported in reviewed articles and reports, typically with multiple compounds per electronic cigarette tested [2- 8,14 -42]. Although the quality of reports is highly variable, if one assumes that each report contains some information, this asserts that quite a bit is known about composition of e- cigarette liquids and aerosols. The only report that was excluded from consideration was work of McAuley et al.[23] because of clear evidence of cross - contamination — admitted to by the authors — with cigarette smoke and, possibly, reagents. The results pertaining to non - detection of tobacco - specific nitrosamines (TSNAs) are potentially trustworthy, but those related to PAH are not since it is incredible that cigarette smoke would contain fewer polycyclic aromatic hydrocarbons (PAH; arising in incomplete combustion of organic matter) than aerosol of e- cigarettes that do not burn organic matter [23]. In fairness to the authors of that study, similar problems may have occurred in other studies but were simply not reported, but it is impossible to include a paper in a review once it is known for certain that its quantitative results are not trustworthy. When in doubt, we erred on the side of trusting that proper quality controls were in place, a practice that is likely to increase appearance of atypical or erroneous results in this review. From this perspective, assessment of concordance among independent reports gains higher importance than usual since it is unlikely that two experiments would be flawed in the same exact manner (though of course this cannot be assured). It was judged that the simplest form of publication bias— disappearance of an entire formal study from the available literature —was unlikely given the exhaustive search strategy and the contested nature of the research question. It is clearly the case that only a portion of all industry technical reports were available for public access, so it is possible that those with more problematic results were systematically suppressed, though there is no evidence to support this speculation. No formal attempt was made to ascertain publication bias in situ though it is apparent that anomalous results do gain prominence in typical reviews of the literature: diethylene glycol[43,44] detected at non - dangerous levels (see details below) in one test of 18 of early - technology products by FDA[22] and one outlier in measurement of formaldehyde content of exhaled air [4] and aldehydes in aerosol generated from one e- cigarette in Japan [37]. It must be emphasized that the alarmist report of aldehydes in experiments presented in [37] is based on the concentration in generated aerosol rather than air inhaled by the vaper over prolonged period of time (since vapers do not inhale only aerosol). Thus, results reported in [37] cannot be the basis of any claims about health risk, a fallacy committed both by the authors themselves and commentators on this work [44]. Page 34 of 233 Technical Report July - August 2013 It was also unclear from [37] what the volume of aerosol sampled was — a critical item for extrapolating to personal exposure and a common point of ambiguity in the published reports. However, in a personal exchange with the authors of [37][July 11, 2013], it was clarified that the sampling pump drew air at 500 ml./min through e- cigarette for 30 min, allowing more appropriate calculations for estimation of health risk that are presented below. Such misleading reporting is common in the field that confuses concentration in the aerosol (typically measured directly) with concentration in the air inhaled by the vaper (never determined directly and currently requiring additional assumptions and modeling). This is important because the volume of aerosol inhaled (maximum "'8 Uday) is negligible compared to the volume of air inhaled daily (8L /min); this point is illustrated in the Figure. A similar but more extreme consideration applies to the exposure of bystanders which is almost certainly several orders of magnitude lower than the exposure of vapers. In part this is due to the absorption, rather than exhalation, of a portion of the aerosol by the vapers: there is no equivalent to the "side- stream" component of exposure to conventional cigarettes, so all of the exposure to bystanders results from exhalation. Furthermore, any environmental contamination that results from exhalation of aerosol by vaper will be diluted into the air prior to entering a bystander's personal breathing zone. Lastly, the number of puffs that affects exposure to bystander is likely to be much smaller than that of a vaper unless we are to assume that vaper and bystander are inseparable. It is unhelpful to report results in cigarette - equivalents, as in [42], because this does not enable one to estimate exposures of vapers . Moreover, there is no value in comparison of the content of e- cigarette aerosol to cigarette smoke when the two products produce emissions that are orders of magnitude apart. To be useful for risk assessment, the results on the chemistry of the aerosols and liquids must be reported in a form that enables the calculations in Equations 1 and 2. It must be also be noted that typical investigations consisted of qualitative and quantitative phases such that quantitative data is available mostly on compounds that passed the qualitative screen. This biased all reports on concentration of compounds towards both higher levels and chemicals which a particular lab was most adept at analyzing. Declared Ingredients: comparison to occupational exposure limits Propylene glycol and glycerin have default or precautionary TLV of 10 mg/m3 over 8 hours set for all organic mists with no specific exposure limits or identified toxicity ( htto:// www .osha.gov /dts /chemicalsampling /data /CH 243600 html; accessed July 5, 2013). These interim TLVs tend to err on the side of being too high and are typically lowered if evidence of harm to health accumulates. For example, in a study that related exposure of theatrical fogs (containing propylene glycol) to respiratory symptoms [45], "mean personal inhalable aerosol concentrations were 0.70 mg/m3 (range 0.02 to 4.1)" [46]. The only available estimate of propylene concentration of propylene glycol in the aerosol indicates personal exposure on the order of 3 -4 mg 1m3 in the personal breathing zone over 8 hours (under the assumptions we made for all other comparisons to TLVs) [2]. The latest (2006) review of risks of occupational exposure to propylene glycol performed by the Health Council of the Netherlands (known for OELs that are the most protective that evidence supports and based exclusively on scientific considerations rather than also accounting for feasibility as is the case for the TLVs) recommended exposure limit of 50 mg/m3 over 8 hours; concern over short-term respiratory effects was noted fhtto: / /www.gezondheidsraad.nl /sites /default /files /200702O5H odf• accessed July 29, 2013]. Assuming extreme consumption of the liquid per day via vaping (5 to 25 ml /day and 50 -95% propylene glycol in the liquid)°, levels of propylene glycol in inhaled air can reach 1 -6 mg /m3. It has been suggested that propylene glycol is "This estimate of consumption was derived from informal reports from vaping community; 5 ml /day was identified as a high but not rare quantity of consumption and 25 ml /day was the high end of claimed use, though some skepticism was expressed about i 6 Page 35 of 233 Technical Report July - August 2013 very rapidly absorbed during inhalation [4,6] making the calculation under worst case scenario of all propylene glycol becoming available for inhalation credible. It must also be noted that when consuming low- nicotine or nicotine -free liquids, the chance to consume larger volumes of liquid increases (large volumes are needed to reach the target dose or there Is no nicotine feedback), leading to the upper end of propylene glycol and glycerin exposure. Thus, estimated levels of exposure to propylene glycol and glycerin are close enough to TLV to warrant concern. Nicotine is present in most liquids and has TLV of 0.5 mg /m' for average exposure intensity over 8 hours. If approximately 4 m' of air is inhaled in 8 hours, the consumption of 2 mg nicotine from e- cigarettes in 8 hours would place the vaper at the occupational exposure limit. For a liquid that contains 18 mg nicotine /ml, TLV would be reached upon vaping - 0.1 -0.2 ml of liquid in a day, and so is achieved for most anyone vaping nicotine - containing e- cigarettes[i]. Results presented in [24] on 16 e- cigarettes also argue in favor of exceeciance of TLV from most any nicotine- containing e- cigarette, as they predict >2mg of nicotine released to aerosol in 150 puffs (daily consumption figure adopted in this report). But as noted above, since delivery of nicotine is the purpose of nicotine - containing e- cigarettes, the comparison to limits on unintended, unwanted exposures does not suggest a problem and serves merely to offer complete context. If nicotine is present but the liquid is labeled as zero - nicotine [24,43], it could be treated as a contaminant, with the vaper not intending to consume nicotine and the TLV, which would be most likely exceeded, is relevant. However, when nicotine content is disclosed, even if inaccurately, then comparison to TLV is not valid. Accuracy in nicotine content is a concern with respect to truth in advertising rather than unintentional exposure, due to self - regulation of consumption by persons who use e- cigarettes as a source of nicotine. overall, the declared ingredients in the liquid would warrant a concern by standards used in occupational hygiene, provided that comparison to occupational exposure limits is valid, as discussed in the introduction. However, this is not to say that the exposure is affirmatively believed to be harmful; as noted, the TLVs for propylene glycol and glycerin mists is based on uncertainty rather than knowledge. These TLVs are not derived from knowledge of toxicity of propylene glycol and glycerin mists, but merely apply to any compound of no known toxicity present in workplace atmosphere. This aspect of the exposure from e- cigarettes simply has little precedent (but see study of theatrical fogs below). Therefore, the exposure will provide the first substantial collection evidence about the effects, which calls for monitoring of both exposure levels and outcomes, even though there are currently no grounds to be concerned about the immediate or chronic health effects of the exposure. The argument about nicotine is presented here for the sake of completeness and consistency of comparison to TLVs, but in itself does not affect the conclusions of this analysis because it should not be modeled as if it were a contaminant when declared as an ingredient in the liquid. Polycyclic Aromatic Hydrocarbons Polycyclic aromatic hydrocarbons (PAH) were quantified in several reports in aerosols [5,6,42) and liquids [7,18,41]. These compounds Include well -known carcinogens, the levels of which are not subject to TLV but are instead to be kept "as low as reasonably achievable" (the so called ALARA principle)[10]. For PAH, only non - carcinogenic pyrene that is abundant in the general environment was detected at 36 ng/cartridge in 5 samples of liquid [7); PAHS were not detected in most of the analyses of aerosols, except for chrysene in the analysis of the aerosol of one e- cigarette[42]. Tobacco - Specific Nitrosamines whether the latter quantity was truly possible. High - quality formal studies to verify these figures do not yet exist but they are consistent with report of Etter (2012). Page 36 of 233 Technical Report July - August 2013 The same risk assessment considerations that exist for PAH also hold for carcinogenic tobacco - specific nitrosamines (TSNAs)[47] for which no occupational exposure limits exist because (a) these exposures do not appear to occur in occupational settings often enough to warrant development of TLVs, and (b) it is currently accepted in establishing TLVs that carcinogens do not have minimal thresholds of toxicity. As expected because the TSNAs are contaminants of nicotine from tobacco leaf, there is also evidence of association between nicotine content of the liquid and TSNA concentrations, with reported concentrations <5 ng/cartridge tested [7]. Smaller studies of TSNA content in liquids are variable, with some not reporting any detectable levels [17,32,34] and others clearly identifying these compounds in the liquids when controlling for background contamination (n= 9)[22]. Analyses of aerosols indicate that TSNAs are present in amounts that can results in doses of <ng /day[5,32] to µg /day (8) (assuming 150 puffs /day) (see also [421). The most comprehensive survey of TSNA content of 105 samples of liquids from 11 manufactures indicates that almost all tested liquids ( >90 %) contained TSNAs in pg /L quantities [35]. This is roughly equivalent to 1/1000 of the concentration of TSNAs in modern smokeless tobacco products (like snus), which are in the ppm range [47]. The TSNA concentration of the liquids is orders of magnitude less than smokeless tobacco products, though the actual dosage from e- cigarettes vs. smokeless tobacco remains to be clearly understood. For example, 10 pg /L (0.01 ppm) of total TSNA in liquid[35] can translate to a daily dose of 0.000025 - 0.00005 jig from vaping (worst case assumption of 5 ml /day); if 15 g of snus is consumed a day [48] with 1 ppm of TSNAs [47] and half of it were absorbed, then the daily dose is estimated to be 0.008 µg, which is 160 -320 times that due to the worst case of exposure from vaping. Various assumptions about absorption of TSNAs alter the result of this calculation by a factor that is dwarfed in magnitude compared to that arising from differences considered above. This is reassuring because smokeless tobacco products, such as snus, pose negligible cancer risk[49], certainly orders of magnitude smaller than smoking (if one considers the chemistry of the products alone). In general, it appears that the cautious approach in face of variability and paucity of data is to seek better understanding of predictors of presence of TSNA in liquids and aerosols so that measures for minimizing exposure to TSNAs from aerosols can be devised. This can include considering better control by manufactures of the nicotine. Volatile Organic Compounds Total volatile organic compounds (VOC) were determined in aerosol to be non- detectable[3] except in one sample that appeared to barely exceed the background concentration of 1 mg/m3 by 0.73 mg /m3[6]. These results are corroborated by analyses of liquids[18] and most likely testify to insensitivity of employed analytic methods for total VOC for characterizing aerosol generated by e- cigarettes, because there is ample evidence that specific VOC are present in the liquids and aerosols.` Information on specific commonly detected VOC in the aerosol is given in Table Ia. It must be observed that these reported concentrations are for analyses that first observed qualitative evidence of the presence of a given VOC and thus represent worst case scenarios of exposure when VOC is present (i.e. zero exposures are missing from the overall summary of worst case exposures presented here). For most VOC and aldehydes, one can predict the concentration in air inhaled by a vaper to be «i% of TLV. The only exceptions to this generalization are: (a) acrolein: °1% of TLV (average of 12 measurements) and measurements at a mean of 2% of TLV ( average of 150 measurements)[39,401 and (b) formaldehyde: between 0 and 3% of TLV based on 18 tests (average of 12 measurements at 2% of TLV, the most reliable test) and an average of 150 results at 4% of TLV [39,40]. `The term "VOC" loosely groups together all organic compounds present in aerosol and because the declared ingredients of aerosol are organic compounds, it follows that "VOC are present' 8 Page 37 of 233 Technical Report July - August 2013 Levels of acrolein in exhaled aerosol reported in [6] were below 0.0016 mg /m3 and correspond to predicted exposure of <1% of TLV (Table 2). It must re- emphasized that all calculations based on one electronic cigarette analyzed in [37] are best treated as qualitative in nature (i.e. indicating presence of a compound without any particular meaning attached to the reported level with respect to typical levels) due to great uncertainty about whether the manner in which the e- cigarette was operated could have resulted in overheating that led to generation of acrolein in the aerosol. In fact, a presentation made by the author of [37] clearly stated that the "atomizer, generating high concentration carbonyls, had been burned black" [39,40]. In unpublished work,[39] there are individual values of formaldehyde, acrolein and glyoxal that approach TLV, but it is uncertain how typical these are because there is reason to believe the liquid was overheated; considerable variability among brands of electronic cigarettes was also noted. Formaldehyde and other aldehydes, but not acrolein, were detected in the analysis one e- cigarette [42]. The overwhelming majority of the exposure to specific VOC that are predicted to result from inhalation of the aerosols lie far below action level of 50% of TLV at which exposure has to be mitigated according to current code of best practice in occupational hygiene[50] Finding of an unusually high level of formaldehyde by Schripp et al. [4) — 0.5 ppm predicted vs. 15-minute TLV of 0.3 ppm (not given in Table 2) — is clearly attributable to endogenous production of formaldehyde by the volunteer smoker who was consuming e- cigarettes in the experimental chamber, since there was evidence of build -up of formaldehyde prior to vaping and liquids used in the experiments did not generate aerosol with detectable formaldehyde. This places generalizability of other findings from [4] in doubt, especially given that the only other study of exhaled air by vapers who were not current smokers reports much lower concentrations for the same compounds [6] (Table 2). It should be noted that the report by Romagna et aL[6] employed more robust methodology, using 5 volunteer vapers (no smokers) over an extended period of time. Except for benzene, acetic acid and isoprene, all calculated concentrations for detected VOC were much below 1% of TLV in exhaled air [6]. In summary, these results do not indicate that VOC generated by vaping are of concern by standards used in occupational hygiene. Diethylene glycol and ethylene glycol became a concern following the report of their detection by FDA[43], but these compounds are not detected in the majority of tests performed to date [3,14,16,18,22]. Ten batches of the liquid tested by their manufacture did not report any diethylene glycol above 0.05% of the liquid [41]. Methods used to detect diethylene glycol appear to be adequate to be informative and capable of detecting the compound in quantities «1% of TLV[14,16,22]. Comparison to TLV is based on a worst case calculation analogous to the one performed for propylene glycol. For diethylene glycol, TLV of 10 mg /m3 is applicable (as in the case of all aerosols with no know toxicity by inhalation), and there is a recent review of regulations of this compound conducted for the Dutch government by the Health Council of the Netherlands (jurisdiction with some of the most strict occupational exposure limits) that recommended OEL of 70 mg/m3 and noted lack of evidence for toxicity following inhalation ht4: / /www.Rezondheldsraad ni /sites /default /files/`200703OSH Ddf; accessed July 29; 2013]. In conclusion, even the quantities detected in the single FDA result were of little concern, amounting to less than 1% of TLV. Inorganic compounds Special attention has to be paid to the chemical form of compounds when there is detection of metals and other elements by inductively coupled plasma mass spectrometry (ICP- MS)[8,25]. Because the parent molecule that occurs in the aerosol is destroyed in such analysis, the results can be alarmist and not interpretable for risk assessment. For example, the presence of sodium (4.18 jig/10 puffs)[25] does not mean that highly reactive and toxic sodium metal is in the aerosol, which would be impossible given its reactivity, but most likely means the presence of the ubiquitous compound that contains sodium, dissolved table salt (NaCI). If so, the corresponding daily dose of NaCl that arises from Page 38 of 233 Technical Report July - August 2013 these concentrations from 150 puffs is about 10,000 times lower than allowable daily intake according to CDC (htto: / /www cdc.gov /features /dssodium /• accessed July 4, 2013). Likewise, a result for presence of silica is meaningless for health assessment unless the crystalline form of Sl0z is known to be present. When such ambiguity exists, a TLV equivalence calculation was not performed. We compared concentrations to TLVs when it was even remotely plausible that parent molecules were present in the aqueous solution. However, even these are to be given credence only in an extremely pessimistic analyst, and further investigation by more appropriate analytical methods could clarity exactly what compounds are present, but is not a priority for risk assessment. It should also be noted that one study that attempted to quantify metals in the liquid found none above 0.1 -0.2 ppm levels [7) or above unspecified threshold [18]. Table lb indicates that most metals that were detected were present at <1% of TLV even if we assume that the analytical results imply the presence of the most hazardous molecules containing these elements that can occur in aqueous solution. For example, when elemental chromium was measured, it is compared to TLV for insoluble chromium IV that has the lowest TLV of all chromium compounds. Analyses of metals given in [42) are not summarized here because of difficulty with translating reported units into meaningful terms for comparison with the TLV, but only mercury (again with no information on parent organic compound) was detected in trace quantities, but arsenic, beryllium, chromium, cadmium, lead and nickel were not. Taken as the whole, it can be inferred that there is no evidence of contamination of the aerosol with metals that warrants a health concern. Consideration of exposure to a mixture of contaminants All calculations conducted so far assumed only one contaminant present in clean air at a time. What are the implications of small quantities of various compounds with different toxicities entering the personal breathing zone at the same time? For evaluation of compliance with exposure limits for mixtures, Equation 3 is used: OELmi,mro =Ej i(Ci /TLVA Eq.3 where C; is the concentration of the i1h compound (i= i,...,n, where n>S is the number of ingredients present in a mixture) in the contaminated air and TLV; is the TLV for the it" compound in the contaminated air; if OEL,;,,,,e> 1, then there is evidence of the mixture exceeding TLV. The examined reports detected no more than 5 -10 compounds in the aerosol, and the above calculation does not place any of them out of compliance with TLV for mixture. Let us imagine that 50 compounds with TLVs were detected. Given that the aerosol tends to contain various compounds at levels, on average, of no more than 0.5% of TLV (Table 1), such a mixture with 50 ingredients would be at 25% of TLV, a level that is below that which warrants a concern, since the "action level" for implementation of controls is traditionally set at 50% of TLV to ensure that the majority of persons exposed have personal exposure below mandated limit [50]. Pellerino et al.[2) reached conclusions similar to this review based on their single experiment: contaminants in the liquids that warrant health concerns were present in concentrations that were less than 0.1% of that allowed by law in the European Union. Of course, if the levels of the declared ingredients (propylene glycol, glycerin, and nicotine) are considered, the action level would be met, since those ingredients are present in the concentrations that are near the action level. There are no known synergistic actions of the examined mixtures, so Equation 3 is therefore applicable. Moreover, there is currently no reason to suspect that the trace amounts of the contaminants will react to create compounds that would be of concern. t ie 1 Page 39 of 233 Technical Report July - August 2013 Conclusions By the standards of occupational hygiene, current data do not indicate that exposures to vapers from contaminants In electronic cigarettes warrant a concern. There are no known toxicological synergies among compounds in the aerosol, and mixture of the contaminants does not pose a risk to health. However, exposure of vapers to propylene glycol and glycerin reaches the levels at which, if one were considering the exposure in connection with a workplace setting, it would be prudent to scrutinize the health of exposed Individuals and examine how exposures could be reduced. This is the basis for the recommendation to monitor levels and effects of prolonged exposure to propylene glycol and glycerin that comprise the bulk of emissions from electronic cigarettes other than nicotine and water vapor. From this perspective, and taking the analogy of work on theatrical fogs [45,46], it can be speculated that respiratory functions and symptoms (but not cancer of respiratory tract or non - malignant respiratory disease) of the vaper is of primary interest. Monitoring upper airway irritation of vapers and experiences of unpleasant smell would also provide early warning of exposure to compounds like acrolein because of known immediate effects of elevated exposures (htto: /lwww.atsdr cdc.govltoxorofiles /to124 -c3 odf• accessed July 11, 2013). However, it is questionable how much concern should be associated with observed concentrations of acrolein and formaldehyde in the aerosol. Given highly variable assessments, closer scrutiny is probably warranted to understand sources of this variability, although there is no need at present to be alarmed about exceeding even the occupational exposure limits, since occurrence of occasional high values is accounted for in established TLVs. An important clue towards a productive direction for such work is the results reported in [39,40] that convincingly demonstrate how heating the liquid to high temperatures generates compounds like acrolein and formaldehyde in the aerosol. A better understanding about the sources of TSNA in the aerosol may be of some interest as well, but all results to date consistently indicate quantities that are of no more concern than TSNA in smokeless tobacco products. Exposures to nicotine from electronic cigarettes is not expected to exceed that from smoking due to self- titration[11]; it is only a concern when a vaper does not Intend to consume nicotine, a situation that can arise from incorrect labeling of liquids[24,43]. The cautions about propylene glycol and glycerin apply only to the exposure experienced by the vapers themselves. Exposure of bystanders to the listed ingredients, let alone the contaminants, does not warrant a concern as the exposure is likely to be orders of magnitude lower than exposure experienced by vapers. Further research employing realistic conditions could help quantify the quantity of exhaled aerosol and its behavior in the environment under realistic worst -case scenarios (i.e., not small sealed chambers), but this is not a priority since the exposure experienced by bystanders is clearly very low compared to the exposure of vapers, and thus there is no reason to expect it would have any health effects. The key to making the best possible effort to ensure that hazardous exposures from contaminants do not occur is ongoing monitoring of actual exposures and estimation of potential ones. Direct measurement of personal exposures is not possible in vaping due to the fact the aerosol is inhaled directly, unless, of course, suitable biomarkers of exposure can be developed. The current review did not identify any suitable biomarkers, though cotinine is a useful proxy for exposure to nicotine - containing liquids. Monitoring of potential composition of exposures is perhaps best achieved though analysis of aerosol generated in a manner that approximates vaping, for which better insights are needed on how to modify "smoking machines" to mimic vaping given that there are documented differences in inhalation patterns[Si]. These smoking machines would have to be operated under a realistic mode of operation of the atomizer to ensure that the process for generation of contaminants is studied under realistic temperatures. To estimate dosage (or exposure in personal breathing zone), information on the chemistry of aerosol has to be combined with models of the inhalation pattern of vapers, mode of operation of e- cigarettes and quantities of liquid consumed. Assessment of 11 Page 40 of 233 Technical Report July - August 2013 exhaled aerosol appears to be of little use in evaluating risk to vapers due to evidence of qualitative differences in the chemistry of exhaled and inhaled aerosol. Monitoring of liquid chemistry is easier and cheaper than assessment of aerosols. This can be done systematically as a routine quality control measure by the manufacturers to ensure uniform quality of all production batches. However, we do not know how this relates to aerosol chemistry because previous researchers have failed to appropriately pair analyses of chemistry of liquids and aerosols. It is standard practice in occupational hygiene to analyze the chemistry of materials generating an exposure, and it is advisable that future studies of the aerosols explicitly pair these analyses with examination of composition of the liquids used to generate the aerosols. Such an approach can lead to the development of predictive models that relate the composition of the aerosol to the chemistry of liquids, the e- cigarette hardware, and the behavior of the vaper, as these, if accurate, can anticipate hazardous exposures before they occur, The current attempt to use available data to develop such relationships was not successful due to studies failing to collect appropriate data. Systematic monitoring of quality of the liquids would also help reassure consumers and is best done by independent laboratories rather than manufactures to remove concerns about impartiality (real or perceived). Future work in this area would greatly benefit from standardizing laboratory protocols (e.g. methods of extraction of compounds from aerosols and liquids, establishment of "core" compounds that have to be quantified in each analysis (as is done for PAH and metals), development of minimally informative detection limits that are needed for risk assessment, standardization of operation of "vaping machine", etc.), quality control experiments (e.g. suitable positive and negative controls without comparison to conventional cigarettes, internal standards, estimation of %recovery, etc.), and reporting practices (e.g. in units that can be used to estimate personal exposure, use of uniform definitions of limits of detection and quantification, etc.), all of which would improve on the currently disjointed literature. Detailed recommendations on standardization of such protocols lie outside of scope of this report. All calculations conducted in this analysis are based on information about patterns of vaping and the content of aerosols and liquids that are highly uncertain in their applicability to 'typical" vaping as it is currently practiced and says even less about future exposures due to vaping. However, this is similar to assessments that are routinely performed in occupational hygiene for novel technology as it relied on "worst case" calculations and safety margins that attempt to account for exposure variability. The approach adopted here and informed by some data is certainly superior to some currently accepted practices in the regulatory framework in occupational health that rely purely on description of emission processes to make claims about potential for exposure (e.g.[52]). Clearly, routine monitoring of potential and actual exposure is required if we were to apply the principles of occupational hygiene to vaping. Detailed suggestions on how to design such exposure surveillance are available in [53]. In summary, analysis of the current state of knowledge about the chemistry of contaminants in liquids and aerosols associated with electronic cigarettes indicates that there is no evidence that vaping produces inhalable exposures to these contaminants at a level that would prompt measures to reduce exposure by the standards that are used to ensure safety of workplaces. Indeed, there is sufficient evidence to be reassured that there are no such risks from the broad range of the studied products, though the lack of quality control standards means that this cannot be assured for all products on the market. However, aerosol generated during vaping on the whole, when considering the declared ingredients themselves, if it were treated in the same manner as an emission from industrial process, creates personal exposures that would justify surveillance of exposures and health among exposed persons. Due to the uncertainty about the effects of these quantities of propylene glycol and glycerin, this conclusion holds after setting aside concerns ` about health effects of nicotine. This conclusion holds notwithstanding the benefits of tobacco harm reduction, since ` 12 Page 41 of 233 Technical Report July - August 2013 there is value in understanding and possibly mitigating risks even when they are known to be far lower than smoking. It must be noted that the proposal for such scrutiny of "total aerosol" is not based on specific health concerns suggested by compounds that resulted in exceedance of occupational exposure limits, but is instead a conservative posture in the face of unknown consequences of inhalation of appreciable quantities of organic compounds that may or may not be harmful at doses that occur during vaping. Key Conclusions: • Even when compared to workplace standards for involuntary exposures, and using several conservative (erring on the side of caution) assumptions, the exposures from using e- cigarettes fall well below the threshold for concern for compounds with known toxicity. That is, even ignoring the benefits of e- cigarette use and the fad that the exposure is actively chosen, and even comparing to the levels that are considered unacceptable to people who are not benefiting from the exposure and do not want it, the exposures would not generate concern or call for remedial action. • Expressed concerns about nicotine only apply to vapers who do not wish to consume it; a voluntary (indeed, intentional) exposure is very different from a contaminant. • There is no serious concern about the contaminants such as volatile organic compounds (formaldehyde, acrolein, etc.) in the liquid or produced by heating. While these contaminants are present, they have been detected at problematic levels only in a few studies that apparently were based on unrealistic levels of heating. • The frequently stated concern about contamination of the liquid by a nontrivial quantity of ethylene glycol or diethylene glycol remains based on a single sample of an early technology product (and even this did not rise to the level of health concern) and has not been replicated. • Tobacco - specific nitrosamines (TSNA) are present in trace quantities and pose no more (likely much less) threat to health than TSNAs from modern smokeless tobacco products, which cause no measurable risk for cancer. • Contamination by metals is shown to be at similarly trivial levels that pose no health risk, and the alarmist claims about such contamination are based on unrealistic assumptions about the molecular form of these elements. • The existing literature tends to overestimate the exposures and exaggerate their implications. This is partially due to rhetoric, but also results from technical features. The most important is confusion of the concentration in aerosol, which on its own tells us little about risk to heath, with the relevant and much smaller total exposure to compounds in the aerosol averaged across all air inhaled in the course of a day. There is also clear bias in previous reports in favor of isolated instances of highest level of chemical detected across multiple studies, such that average exposure that can be calculated are higher than true value because they are "missing" all true zeros. Routine monitoring of liquid chemistry is easier and cheaper than assessment of aerosols. Combined with an understanding of how the chemistry of the liquid affects the chemistry of the aerosol and insights into behavior of vapers, this can serve as a useful tool to ensure the safety of e- cigarettes. The only unintentional exposures (i.e., not the nicotine) that seem to rise to the level that they are worth further research are the carrier chemicals themselves, propylene glycol and glycerin. This exposure is not known to cause health problems, but the magnitude of the exposure is novel and thus is at the levels for concern based on the lack of reassuring data. 13 Page 42 of 233 Technical Report July- August 2013 Admowledgements Funding forth is work was provided by The Consumer Advocates for Smoke -free Alternatives Association (CASAA) Research Fund. CASAA is an all- volunteer, donation - funded, non- profit organization devoted to defending consumer access to and promoting tobacco harm reduction; for more information, see htto://casaa.ore /. CASAA exercised no editorial control over the author's writing or analysis: the author, not the (under, had full control of the content. The author is thankful to Dr Carl V Phillips, the CASAA Scientific Director, for frank discussion of relevant scientific matters, as well as Drs. Uchiyama and Laugesen for access to presently unpublished data. Lastly, the contribution of Charity Curtis, Masters of Public Health student at Drexel University to the initial literature search was greatly appreciated. 14 Page 43 of 233 Technical Report July - August 2013 Figure: Illustrating the difference between concentrations In the aerosol generated by vaping and inhaled air in a day. Panel A shows black square that represents aerosol contaminated by some compound as it would be measured by a "smoking machine" and extrapolated to dosage from vaping in one day. This black square is located inside the white square that represents total uncontaminated air that is inhaled in a day by a vaper. The relative sizes of the two squares are exaggerated as the volume of aerosol generated in vaping relative to inhaled air is much smaller in the figure. Panel B shows how exposure from contaminated air (black dots) is diluted over a day for appropriate comparison to occupational exposure limits that are expressed in terms of "time - weighted average" or average contamination over time rather than as instantaneous exposures (with the exception of "ceiling limits" that do not affect the vast majority of comparisons in this report). Exposure during vaping occurs in a dynamic process where the atmosphere inhaled by the vaper alternates between the smaller black and largerwhite squares in Panel A. Thus, the concentration of contaminants that a vaper is exposed to over a day is much smallerthan that which is measured in the aerosol (and routinely improperly cited as reason for concern about "high' exposures). 0 Ll 1s Page 44 of 233 11 Technical Report July - August 2013 Table 1a: Exposure predictions based on analysis of aerosols generated by smoking machines: Volatile Organic Compounds Compound N Estimated concentration in personal breathing zone Ratio of most stringent TLV ( %) Reference PPM mg/m Calculated directly Safety factor 10 Acetaldehyde 1 0.005 0.02 0.2 [5] 3 0.003 0.01 0.1 [4] 12 0.001 0.004 0.04 [8] 1 0.00004 0.0001 0.001 [3] 1 0,0002 0.001 0.008 [3] 150 0.001 0.004 0.04 [39,40] 1 0.008 0.03 3 [37] Acetone 1 0.002 0.0003 0.003 [37] 150 0.0004 0.0001 0.001 [39,40] Acrolein 12 0.001 1 13 [8] 150 0.002 2 20 [39,40] 1 0.006 6 60 [37] Butanal 150 0.0002 0.001 0.01 [39,40] Crotonaldchyde 150 0.0004 0.01 0.1 [39,401 Formaldehyde 1 0.002 0.6 6 [5] 3 0.008 3 30 [4] 12 0.006 2 20 181 1 <0.0003 <0.1 <1 [3] 1 0.0003 0.1 1 [3] 150 0.01 4 40 [39,40] 1 0.009 3 30 [37] Glyoxal 1 0.002 2 20 137] 150 0.006 6 60 [39,40] o- Methyl ben zaldchvde 12 0.001 0.05 0.5 181 p,m- Xylene 12 0.00003 0.001 0.01 [8] Piopanal 3 0.002 0.01 0.1 [4] 150 0.0006 0.002 0.02 [39,40] 1 0.005 0.02 0.2 [37] Toluene 12 0.0001 0.003 0.03 [8] Valeraldehyde 150 0.0001 0.0001 0.001 [39,40] g average is presented when ,1'? 1 W Page 45 of 233 Technical Report July - August 2013 Table lb: Exposure predictions based on analysis of aerosols generated by smoking machines: Inorganic Compounds" Element quantified Assumed compound containing the element for comparison with TLV Estimated concentration in personal breathing zone (m rim) Ratio of most stringent TLV ( %) Reference Calculated directly Safety factor 10 Aluminum Respirable Al metal & insoluble compounds 1 0.002 0.2 1.5 (25] Barium Ba & insoluble compounds 1 0.00005 0.01 0.1 [25] Boron Boron oxide 1 0.02 0.1 1.5 [25] Cadmium Respirable Cd & compounds 12 0.00002 1 10 [8] Chromium InsolubleCr(It7) compounds 1 3E -05 0.3 3 [25] Copper Cu fume 1 0.0008 0.4 4.0 [25] Iron Soluble iron salts, as Fe 1 0.002 0.02 0.2 [25] Lead inorganic compounds as Pb 1 7E -05 0.1 1 [25] 12 0.000025 0.05 0.5 [8] Magnesium Inhalable magnesium oxide 1 0.00026 0.003 0.03 [25] Manganese Inorganic compounds, as Mn 1 BE-06 0.04 0.4 [253 Nickel hiialable soluble inorganic compounds, as Ni 1 2E -05 0.02 0.2 [25] 12 0.00005 0.05 0.5 [8] Potassium KOH 1 0.001 0.1 1 [25] Tin Organic compounds, as So 1 0.0001 0.1 1 [25] Zinc Zinc chloride fume 1 0.0004 0.04 0.4 [25] Zirconium Zr and compounds 1 3E -05 0.001 0.01 1253 Sulfur SOz 1 0.002 0.3 3 [25] # The actual molecular form in the aerosol unknown and so worst case assumption was made if it was physically possible (e.g. it is not possible for elemental lithium & sodium to be present in the aerosol); there is no evidence from the research that suggests the metals were in the particular highest risk form, and in most cases a general knowledge of chemistry strongly suggests that this is unlikely. Thus, the TLV ratios reported here probably do not represent the (much lower) levels that would result if we knew the molecular forms. ## average is presented when N >I 17 Page 46 of 233 Technical Report July - August 2013 Table 2: Exposure predictions for volatile organic compounds based on analysis of aerosols generated by volunteer vapers Compound N# Estimated concentration in personal breathing zone (ppm) Ratio of most stringent TLV ( %) Reference Calculated directly Safety factor 10 2- butanone (WK) 3 0.04 0.02 0.2 [4) 1 0.002 0.0007 0.007 [6] 2- furaldehyde 3 0.01 0.7 7 [41 Acetaldehyde 3 0.07 013 3 [4) Acetic acid 3 0.3 3 30 [41 Acetone 3 0.4 0.2 2 [41 Acrolein I 1 <0.001 <0.7 <7 [61 Benzene 3 0.02 3 33 [4] Butyl hydroxyl toluene 1 4E -05 0.0002 0.002 [6] Isoprene 3 0.1 7 70 [4] Limonene 3 0.009 0.03 0.3 [4] 1 2E -05 0.000001 0.00001 [6] mp- Xyelen 3 0.01 0.01 0.1 [4] Phenol 3 0.01 0.3 3 [41 Propanal 3 0.004 0.01 0.1 [4] Toluene 3 0.01 0.07 0.7 [4] # average is presented when N >I 1s Page 47 of 233 Technical Report July - August 2013 Reference List 1. Etter IF: The Electronic Cigarette : an Alternative to Tobacco? Jean - Francois Etter; 2012. 2. Pellegrino RM, Tinghino B, Mangiaracina G, Marani A, Vitali M, Protano C et al.: Electronic cigarettes: an evaluation of exposure to chemicals and fine particulate matter (PM). Ann 1g 2012, 24: 279 -288. 3. e5moking Institute. Assessment of e- cigarette safety by comparing the chemical composition of e- cigarette aerosol and cigarette smoke from reference traditional cigarette. htto : / /www.esmokinginstitute.com /en /node /31 .2013. Ref Type: Electronic Citationhttp : / /www.esmokinginstitute.com /en /node /31 4. Schripp T, Markewitz D, Uhde E, Salthammer T: Does e- cigarette consumption cause passive vaping? Indoor Air 2013, 23: 25 -31. 5. Lauterbach JH, Laugesen M: Comparison of toxicant levels in mainstream aerosols generated by Ruyan® electronic nicotine delivery systems(ENDS) and conventional cigarette products. 14 March, 2011; 2012. http:// www. healthnz. co.nz /News20125OTpOsterl861.pdf 6. Romagna G, ZabarinI L, Barbiero L, Boccietto E, Tod eschi 5, Caravati E et al.. Characterization of chemicals released to the environment by electronic cigarettes use (ClearStream -AIR project): is passive vaping a reality? 9- 1 -2012. XIV Annual Meeting of the SRNT Europe 2012, Helsinki, Finland. Ref Type: Reporthtti): / /clearstream flavourart it/ site /wp- content /uploads /2012 /09 /CSA ItaEn¢ pdf 7. Laugesen M. Safety report on the Ruyan® e- cigarette cartridge and inhaled aerosol . Edited by Health New Zealand Ltd. 2008. Ref Type: Report www.hcalthnz.co.nz 8. Goniewicz ML, Knysak J, Gawron M, Kosmider L, Sobczak A, Kurek J et al.: Levels of selected carcinogens and toxicants in vapour from electronic cigarettes. Tob Control 2013. 9. Benowitz NL, Jacob P, III: Daily intake of nicotine during cigarette smoking. Clin Phormocol Ther 1984, 35: 499 - 504. 10. The American Conference of Governmental Industrial Hygienists: 2013 threshold limit values for chemical substances and physical agents & biological exposure indices. Cincinnati, OH: ACGIH; 2013. 11. Scherer G: Smoking behaviour and compensation: a review of the literature. Psychopharmccology (Berl) 1999, 145: 1 -20. 12. Ganong WF: Review of medical physiology, 15 edn. London: Prentice Hall; 1995. 13. Holmes JR. How Much Air Do We Breathe? Research Note 94 -11. 1994. California Environmental Protection Agency. Ref Type: Reporthttp://www.arb.ca.gov/research/­resnotes/notes/94-ii.htm 14. Alliance Technologies L, Chemical composition of "Instead" electronic cigarette smoke juice and vapor. 2009. Ref Type: Reportwww.alliancetech group. corn 19 Page 48 of 233 Technical Report July - August 2013 15. Alliance Technologies L. Characterization of liquid "Smoke Juice' for electronic cigarettes. 2009. Ref Type: Reportwww.alliancetech group. com 16. Alliance Technologies L. Characterization of Regal cartridges for electronic cigarettes. 2009. Ref Type: Reportwww.alliancetech group. com 17. Alliance Technologies L. Characterization of regal cartridges for electronic cigarettes - Phase 11. 2009. Ref Type: Reportwww.alliancetechgroup.com 18. eSmoking Institute. Identifying the concentration of chemical compounds and heavy metals in liquids. http://www.esmokinginstitute.com/en/node/32. 2013. Ref Type: Electronic Citationhttp : / /www.esmc)king!nstitute.com /en /node /32 19. Evans Analytical Group. Gas chromatography mass spectroscopy(GC -MS) analysis report; JOB NUMBER C09Y8961. 2009. Ref Type: Reportwww.eaolabs.com 20. Coulson H. Analysis of components from Gamucci electronic cigarette cartridges, tobacco flavour regular smoking liquid; Report number: E98D. Edited by LPD Laboratory Services, Blackburn MicroTech Solutions Ltd. 2009. Ref Type: Reportwww.lpolabservices.co.uk 21. Ellicott M. Analysis of components from "e -Juice XX HIGH 36mg/ml rated Nicotine Solution" ref S 55434; Report Number: E249A. Edited by LPD Laboratory Services, Blackburn MicroTech Solutions Ltd. 2009. Ref Type: Reportwww.lpolabservices.co.uk 22. Westenberger BJ. Evaluation of e- cigarettes; DPATR- FY- 09 -23. Edited by US Food and Drug Administration. 2009. Ref Type: Reporthttp: / /www.fda.gov /downloads/ drugs /Scienceresearch /UCM173250.pdf 23. McAuley TR, Hopke PK, Zhao J, Babaian 5: Comparison of the effects of e- cigarette vapor and cigarette smoke on indoor air quality. lnhol Toxicol 2012, 24: 850 -857. 24. Goniewicz ML, Kuma T, Gawron M, Knysak J, Kosmider L: Nicotine levels in electronic cigarettes. Nicotine Tab Res 2013, 15: 158 -166. 25. Williams M, Villarreal A, Bozhilov K, Lin 5, Talbot P: Metal and silicate particles including nanoparticles are present in electronic cigarette cartomizer fluid and aerosol. PLOS One 2013, 8: e57987. 26. Laugesen M. Ruyan E- cigarette bench -top tests. Society for Research on Nicotine and Tobacco, Dublin, April 30, 2009. 2009. Ref Type: Abstract 27. Tytgat J. "Super Smoker" expert report. Edited by CATHOLIC UNIVERSITY L. 2007. Ref Type: Report 28. Valance C, Ellicott M. Analysis of chemical components from high, med & low nicotine cartridges; Report Number: D318. Edited by LPD Laboratory Services, Blackburn MicroTech Solutions Ltd. 2008. Ref Type: Reportwww.lpolabservices.co.uk 9 Page 49 of 233 Technical Report July - August 2013 29, Kubica P, Kot -Wasik A, Wasik A, Namiesnik J: "Dilute & shoot" approach for rapid determination of trace amounts of nicotine in zero -level e- liquids by reversed phase liquid chromatography and hydrophilic interactions liquid chromatography coupled with tandem mass spectrometry- electrospray ionization. J ChromatogrA 2013,1289: 13 -18. 30. Trehy ML, Ye W, Hadwiger ME, Moore TW, Allgire JF, Woodruff 1T et al.: Analysis of Electronic Cigarette Cartridges, Refill Solutions, and Smoke for Nicotine and Nicotine Related Impurities. Journal of Liquid Chromatography & Related Technologies 2011, 34: 1442 -1458. 31. Graves I. Report no. 468304. 60 ml sample of mist from 11 mg nicotine e- cigarette cartridge. Thermal desorption tubes. 468304. 9 -5 -2008. Hamilton, New Zealand, Hill Laboratories. Ref Type: Report 32. Pattison J, Valenty SJ. Material characterization report. 0910.14. 10 -21 -2009. Analyze Inc. Ref Type: Reportanalyzeinc. comhttp: / /vapersclub.com /NJOYvaparstudV -pdf 33. Sodoma A, Caggiano CM. Material characterization report. 0706.04. 6 -28 -2007. Analyze Inc. Ref Type: Reporthttp: / /truthaboutecigs.com /science /16.pdf 34. Anspach T. Determination of tobacco - specific nitrosamines (TSNA) in aroma fluid for e- cigarettes. 11- 57021. 9 -1- 2011. Eurofins Dr.Specht Laboratorien, Ref Type: Reporthttp : / /clearstream.flavourart.it /site /wp- content /uploads /DATI /vari /nitrosami na nalyse %20Virgi nia % 2018. pdf 35. Kim HJ, Shin HS: Determination of tobacco - specific nitrosamines in replacement liquids of electronic cigarettes by liquid chromatography- tandem mass spectrometry. J Chromatogr A 2013,1291: 48 -55. 36. Hadwiger ME, Trehy ML, Ye W, Moore T, Allgire J, Westenberger B: Identification of amino- tadalafil and rimonabant in electronic cigarette products using high pressure liquid chromatography with diode array and tandem mass spectrometric detection. J ChromatogrA 2010, 1217: 7547 -7555. 37. Uchiyama S, Inaba Y, Kunugita N: Determination of acrolein and other carbonyls in cigarette smoke using coupled silica cartridges impregnated with hydroquinone and 2,4- dinitrophenylhydrazine. J ChromatogrA 2010, 1217: 4383 -4388. 38. Uchiyama S. Determination of acrolein and other carbonyls in cigarette smoke using coupled silica cartridges impregnated with hydroquinone and 2,4- dinitrophenyihydrazine. 2013. Ref Type: Personal Communication 39. Uchiyama S. <unpublished concentrations from experiments presented in https: / /www.istage.4st.go.ip /article /bunsekikagaku /60/10/60 10 791/ pdf: through personal communications >. 2013. Ref Type: Unpublished WorkUchiyama _E- cigarette_rm1851.PDF 40. Ohta K, Uchiyama S, Inaba Y, Nakagome H, Kunugita N: Determination of Carbonyl Compounds Generated from the Electronic Cigarette Using Coupled Silica Cartridgeslmpregnated with Hydroquinone and 2,4- Dinitrophenylhydrazine. BUNSEKI KAGAKU2011, 60: 791 -797. 41. eSmoke. Analytical reports on batches of e- liquids. http:// www .esmoke.net /pages.php ?pageid =20 . 2009- 7 -11- 2013. 21 Page 50 of 233 Technical Report July - August 2013 Ref Type: Electronic Citationhttp:// www .esmoke.net /l)ages.php ?pageid =20 42. Murphy J, Wong E, Lawton M. Chemical and operational assessment of the Ruyan classic e- cigarette. Report P.474. 2 -8 -2010. British American Tobacco. Ref Type: Report 43. Trtchounian A, Talbot P: Electronic nicotine delivery systems: is there a need for regulation? Tob Control 2011, 20: 47 -52. 44. Etter JF, Bullen C, Flouris AD, Laugesen M, Eissenberg T: Electronic nicotine delivery systems: a research agenda. Tob Control 2011, 20: 243 -248. 45. Varughese 5, Teschke K, Brauer M, Chow Y, van NC, Kennedy SM: Effects of theatrical smokes and fogs on respiratory health in the entertainment industry. Am J Ind Med 2005, 47: 411 -418. 46. Teschke K, Chow Y, van NC, Varughese S, Kennedy SM, Brauer M: Exposures to atmospheric effects in the entertainment industry.l Occup Environ Hyg 2005, 2: 277 -284. 47. Hecht S5, Hoffmann D: Tobacco - specific nitrosamines, an important group of carcinogens in tobacco and tobacco smoke. Corcinogenesis 1988, 9: 875 -884. 48. Digard H, Errington G, Richter A, McAdam K: Patterns and behaviors of snus consumption in Sweden. Nicotine Tob Res 2009, 11: 1175 -1181. 49. Phillips CV, Sargent C, Rabiu D, Rodu B. Calculating the comparative mortality risk from smokeless tobacco vs. smoking. American Journal of Epidemiology, 163 (11):S189,2006. American Journal of Epidemiology 163[11], 5189. 2006. Ref Type: Abstract 50, Liedel NA, Busch KA, Crouse WE. Exposure measurement action level and occupational environmental variability. HEW Publication No. (NIOSH) 76 -131. 1975. Cincinnati, OH, US Departement of Health, Education, and Welfare, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health, Division of Laboatories and Criteria Development. Ref Type: Reporthttp : / /www.cdc.gov /niosh /docs /76- 131 /pdfs /76- 131.pdf 51. Trtchounian A, Williams M, Talbot P: Conventional and electronic cigarettes (e- cigarettes) have different smoking characteristics. Nicotine Tob Res 2010, 12: 905 -912. 52. Tischer M, Bredendiek- Kamper 5, Poppek U, Packroff R: How safe is control banding? Integrated evaluation by comparing OELs with measurement data and using monte carlo simulation. Ann Occup Hyg 2009, 53: 449 -462. 53. British Occupational Hygiene Society, Nederlandse Vereniging voor Arbeidshygiene. Testing compliance with occupational exposure limits for airborne substances. 2011. Ref Type: Report 22 Page 51 of 233 [PAGE LEFT BLANK INTENTIONALLY] Page 52 of 233 CITY OF KENAI LANCE NO. 2781 -2014 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85.050 - REFUSAL OR FAILURE TO DISCLOSE, TO AMEND AND CLARIFY CONSEQUENCES FOR REFUSAL OR FAILURE TO TIMELY FILE REQUIRED FINANCIAL DISCLOSURE INFORMATION. WHEREAS, Kenai Municipal Code 1.85.010 requires candidates for elective municipal office and newly elected and existing municipal officers to file a statement specifying business interests and income sources as required by KMC 1.85.020; and, WHEREAS, KMC 1.85.050 currently provides that candidates that refuse or fail to file the required disclosures will be withheld or removed from the filing records of candidates; that appointed elected municipal officials shall not take office for failure to comply and that existing officials who fail to comply are guilty of a violation (minor offense) and upon conviction are subject to a fine of up to $500.00 a day; and, WHEREAS, KMC 1.85.050 is not as clear as it should be with regard to penalties and other consequences which may lead to lack of enforcement; and, WHEREAS, a preferred approach would be to distinguish between failure to timely file and filing false reports, the first to be subject only to a reasonable civil penalty to encourage compliance and the second to a minor offense to discourage false reporting; and, WHEREAS, it is reasonable to include an opportunity for those subject to civil fines and minor offenses regarding filing financial disclosures to be able to explain any extenuating circumstances prior to the assessment of fines or penalties; and, WHEREAS, due to the sensitive nature of disclosures and relationships between Council, the City Manager, City Clerk and the City Attorney, the code should clearly provide direction as to who will enforce any imposition of civil fines and /or penalties. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1. Form: That this is a code ordinance. Section 2. Amendment of Sectionl.85.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.85.050 - Refusal or Failure to Disclose, is hereby amended as follows: `�- New Text Underlined: [DELETED TEXT BRACKETED] Page 53 of 233 Ordinance No. 2781 -2014 Page 2 of 3 1.85.050 Refusal or failure to disclose. (a) If a candidate fails or refuses to file the statement required by KMC 1.85.010, his or her filing shall be refused or, if previously accepted, shall be returned and his or her name shall be withheld or removed from the filing records of candidates. (b) A [PERSON] newly appointed or elected municipal officer failing or refusing to comply with the requirements of this chapter shall forfeit his or her [NOMINATION] elected or appointed position and shall not be seated or sworn to the office for which he or she was elected or appointed [IS A CANDIDATE]. (c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to [MAKE] submit a required disclosure of information, as provided in this chapter, by subiect to appeal to the superior court. Within five business days of notification of any omission, an affidavit stating mitigating facts may be submitted to the City Council by the affected municipal officer for consideration of a partial or complete reduction of civil fines. A City Council Member subject to the fines may not participate in any decision regarding reduction or removal of such fines. (d) Any candidate or municipal officer [OR] who files a statement containing false or misleading information knowing it to be false or misleading, shall be guilty of a violation and upon conviction is punishable by a fine as provided for violations in KMC 13.05.010. (e) The City Clerk or Attorney shall notify the City Council in writing of any known violation of this Chapter. The Council shall direct the City Attorney or Clerk to notify the candidate or municipal officer of such violation and to proceed with enforcement as provided by this chapter. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. New Test Underlined; )DELETED TEXT BRACKETED) Page 54 of 233 Ordinance No. 2781 -2014 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 2, 2014 Adopted: July 16, 2014 Effective: August 15, 2014 New Text Underlined; IDELETFD TEXT BRACKETEDI Page 55 of 233 u "Villaye with a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: City Councilors FROM: Mayor Porter DATE: June 26, 2014 SUBJECT: Ordinance No. 2781 -2014, Financial Disclosure The City has not meaningfully revisited its consequences for refusal or failure for municipal officers to comply with its financial disclosure requirements since 1977, when the City opted out of the State of Alaska's requirements by a vote of the people. This Ordinance updates existing code requirements for clarification and implements a $10.00 per day fine for late submittals by existing officers, up to a maximum of $1000.00 (100 days late). It maintains the current penalty of a minor offense for filing false reports. It also provides a mechanism for reporting violations of the City's rules on financial disclosures and direction for following through with enforcement. Your consideration is appreciated. YACity Council\Memorandums=14 0626 Financial Disclosure Memo.docx Page 56 of 233 "'Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Council Membe FROM: Mayor Porter �, DATE: July 31, 2014 SUBJECT: Ordinance No. 2781 -2014, Amending KMC 1.85.050 On July 15, Council Member Molloy provided a lay down Memorandum expressing concern and suggestions regarding Ordinance No. 2781 -2014. 1 am satisfied with this Ordinance as written which was reviewed by both the City Attorney and City Clerk. However, I am not opposed to a few small amendments, if they would make other Council Members more comfortable with the Ordinance and do not alter its intent of encouraging timely and accurate submittals of financial disclosures in a reasonable manner. )':,Ordinances A Resolutions`,Ordinances\2014 \Ordinance No. 2781 -2014 Kr1C 01.85.050 Memo 073114.docx Page 57 of 233 "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907- 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Scott Bloom, City Attorney DATE: July 31, 2014 SUBJECT: Ordinance No. 2781 -2014, Refusal or Failure to Disclose Council Member Molloy raised several concerns and made suggestions regarding Ordinance No. 2781 -2014 by memorandum dated July 15, 2014. I appreciate the thorough review and issues raised and in addition to the questions directed specifically to the City Attorney I would like to address a few other concerns in hopes of helping the process. Question. Is the maximum civil fine $500.00 under Code? If yes and Council goes with a maximum of $1,000.00, do we need to call it a civil penalty? Answer. Yes. KMC 13.05.010 (a)(]) provides "Violations -Up to a five hundred dollar ($500.00) fine." This provision of code is utilized when the City issues citations for minor offenses that can be contested in court with a not guilty plea. This process would be utilized under subsection (d) of the Ordinance for knowing violations. For purposes of consistency and clarity I agree that subsection (c) of the Ordinance should reference a "civil penalty" instead of a "civil fine." Consistent with Council member Molloy's recommendation, the following amendments should be considered: Replace the words "fine" and "fines" with "penalty" and "penalties" in paragraph (c) as shown below in bold: (c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to [MAKE] submit a required disclosure of information, as provided in this chapter, by Page 58 of 233 l July 31, 2014 Page 2 of 4 April 15 of each year, that the office is held, shall be subject to a civil penalty of $10.00 per day for each day the delinquency continues up to a maximum penalty of $1000.00: subject to appeal to the superior court Within five business days of notification of any omission an affidavit stating mitigating facts may be submitted to the City Council by the affected municipal officer for consideration of a partial or complete reduction of civil penalties A City Council Member subject to the penalties may not participate in an y decision regarding reduction or removal of such penalties. 2. Paragraph (c) requires seated municipal officers to file the disclosures required in code by April 15 of each year or face a $10 /day penalty. I understand "disclosure of information, as provided in this chapter" as used in paragraph (c) to be appropriately broad to include both the form itself and the required information in the form. I also think "knowingly" is appropriately removed. The disclosure form is due April 15 and the contents required are known. To prove that someone knowingly failed to provide it on time or that they knowingly failed to include information is a higher burden, and is incorporated in part in paragraph (d) with a minor offense consequence. I also don't believe removing the word "knowingly" conflicts in any way with allowing for an affidavit of mitigating facts. Regardless if someone knew the disclosure was due or not on April 15; for example, if they were out of state on extended travel, or dealing with an emergency, these situations could be mitigating factors to consider whether it was known or unknown, that the disclosures were due on April 15. I think consideration of a written affidavit is sufficient without taking further testimony for a $10 /day penalty. However, a compromise could be allowed for further information to be requested by Council and still avoid a full blown adjudicatory hearing. If that was Council's desire, a suggestion follows. Further, while I think it is clear as drafted that Council would decide on whether mitigating factors should reduce a penalty amount, a simple amendment, below, can clarify this further. I think Council can decide if. a situation arises, whether the Council wants to consider an affidavit and make a decision at a special or regular meeting without need of a further amendment. I believe paragraph (e) with the recommended amendment below clarifies who would provide notice of an omission, which could include the disclosure form itself, or lack of information contained in the form. I don't believe there is any harm in requiring notice to be May 15 and that amendment is also provided below. Finally, with regard to paragraph (c), l believe it is sufficient to provide that an appeal can be made to superior court for civil penalties without a separate paragraph. Page 59 of 233 July 31, 2014 Page 3 of 4 Based on the discussion above, the following amendments to paragraph (c) are provided, if desired, by Council: (c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to [MAKE] submit a required disclosure of information, as provided in this chapter, by April 15 of each year, that the office is held, shall be subject to a civil penalty of $10.00 per day for each day the delinquency continues up to a maximum penalty of $1000.00; subject to appeal to the superior court. Within five business days of notification of any omission, an affidavit statiniz mitigating facts may be submitted to the City Council by the affected municipal officer, for consideration by Council of a partial or complete reduction of civil penalties. Council may request further information from the affected municipal officer if needed to make a fair determination. A City Council Member subiect to the penalties may participate in any decision regarding reduction or removal of such Penalties. Notification of an omission must be provided as soon as reasonably possible and in no case later than May 15. 3. The following recommended amendment is provided to paragraph (e) to make it compliment paragraph (c) better as addressed by Council Member Molloy's memorandum: (e) The City Clerk or Attorney shall notify the City Council in writing of any known failure to comply with this Chapter. The Council shall direct the City Attorney or Clerk to notify the candidate or municipal officer of such noncompliance and to proceed with enforcement as provided by this chapter. 4. Finally, per Council Member Molloy's Memorandum, an amendment could be made to paragraph (d) to clarify that incomplete statements are included as follows: (d) Any candidate or municipal officer [OR] who files a statement containing false, incomplete or misleading information knowing it to be false, incomplete, or misleading, shall be guilty of a violation and upon conviction is punishable by a fine as provided for violations in KMC 13.05.010. If all Amendments are adopted, the Ordinance would be as follows: Page 60 of 233 July 31, 2014 Page 4 of 4 1.85.050 Refusal or failure to disclose. (a) If a candidate fails or refuses to file the statement required by KMC 1.85.010, his or her filing shall be refused or, if previously accepted, shall be returned and his or her name shall be withheld or removed from the filing records of candidates. (b) A [PERSON] newly appointed or elected municipal officer failing or refusing to comply with the requirements of this chapter shall forfeit his or her [NOMINATION] elected or appointed position and shall not be seated or sworn to the office for which he or she was elected or appointed [IS A CANDIDATE]. (c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to [MAKE] submit a required disclosure of information, as provided in this chapter, by April 15 of each year, that the office is held, shall be subject to a civil penalty of $10.00 per day for each day the delinquency continues up to a maximum penally of $1000.00; subject to appeal to the superior court. Within five business days of notification of any omission, an affidavit statiniz mitigating facts may be submitted to the City Council by the affected municipal officer, for consideration by Council of a partial or complete reduction of civil penalties. Council may request further information from the affected municipal officer if needed to make a fair determination. A City Council Member subiect to the penalties may not participate in any decision regarding reduction or removal of such penalties. Notification of an omission must be provided as soon as reasonably possible and in no case later than May 15. (d) Any candidate or municipal officer [OR] who files a statement containing false, incomplete or misleading information knowing it to be false, incomplete, or misleading, shall be guilty of a violation and upon conviction is punishable by a fine as provided for violations in KMC 13.05.010. (e) The City Clerk or Attorney shall notify the City Council in writing of any known failure to comply with this Chapter. The Council shall direct the City Attorney or Clerk to notify the candidate or municipal officer of such noncompliance and to proceed with enforcement as provided by this chapter. YACity Attomey \Correspondence\2014 0731 Financial Disclosures Memo to Council.docx Page 61 of 233 "ViAlle with a Past, Gii with a Future" 0 Fidalgo Avenue, Kenai, laska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Council Member Bob Molloy DATE: 07 -15 -14 SUBJECT: Ordinance No. 2781 -2014 Amending KMC 1.85.050 I have several concerns and questions about Ordinance No. 2781 -2014 Amending KMC 1.85.050 Refusal or failure to disclose. In this ordinance, the Code's existing paragraph (c) is divided into new (c) and new (d). I read existing paragraph (c) in 1.85.050 to address noncompliance FIRST where a person refuses or knowingly fails to make a "disclosure of information" required by Code and therefore contained in the form for Disclosure Statement (for example, failing to report a spouse's sources of income in the form for Disclosure Statement), and SECOND where a person files a "statement containing false or misleading information knowing it to be false or misleading" (Le, the Disclosure Statement is false or misleading). The object of this proposed new paragraph (c) seems to be the Disclosure Statement itself, not the various disclosures of information contained in the Disclosure Statement.' ' KMC 1.85.010 and 1.85.020(a) require that candidates for elected office and appointed municipal officers (City Manager, City Attorney, City Clerk, and Planning & Zoning Commissioners) make numerous disclosures of information, specifying business interests, income sources, and other financial information that "shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, domestic partner, dependent children, and non- dependent children residing with the officer or candidate (covered individual), to the extent those sources of income or business interests are ascertainable by the officer or candidate." The contents of the required disclosures of information that are to be made in the Disclosure Statement are set out in KMC 1.85.020. The City's form for Financial Disclosure Statement captures all of those the required disclosures of information. Page 62 of 233 Mayor Porter and City Councilors 07 -15 -14 Page 2 of 3 The intent of this proposed new paragraph (c) seems to be to encourage compliance by penalizing seated municipal officers who file Disclosure Statements late and who don't submit "an affidavit stating mitigating facts to the City Council." I don't think this new (c) accomplishes that intent because it doesn't replace "disclosure of information" with "disclosure statement." That's an easy amendment. But if we make that amendment, the ordinance no longer appears to cover an incomplete Disclosure Statement, but covers only late Disclosure Statements and false or misleading Disclosure Statements. That's one concern I have, because I think there may be value in addressing incomplete Disclosure Statements (incomplete because there has been a failure or refusal to make a required disclosure of information in the Disclosure Statement), as existing paragraph (c) does. I think it's likely that I won't support deleting the word "KNOWINGLY" from new paragraph (c). If the word "KNOWINGLY" is deleted, then we're making this into strict liability like a parking violation. If so, there is no need for an "affidavit stating mitigating facts" to be submitted to the City Council by the affected municipal officer who wants consideration of a partial or complete reduction of civil fines. I think the word "KNOWINGLY" should stay in paragraph (c). Another concern is that new paragraph (c) doesn't identify who should give notice of an "omission" to meet the Code requirements. I think that should be the City Clerk, unless the omission is by the City Clerk, in which case the notice should be by the City Attorney. Another concern is that new paragraph (c) doesn't specify the date by which the notice of omission should be given to the affected municipal officer. There should be a sentence specifying the date for giving notice. Question: Should the notice should be given by May 15'"9 Another concern is that new paragraph (c) doesn't identify who should make the determination of whether the mitigating facts are sufficient to establish that there wasn't a violation or that the fine or penalty should be partially or completely reduced. I think the determination should be made by the City Council. That seems to be the intent because new paragraph (c) goes on to state that a "City Council Member subject to the fines may not participate in any decision regarding reduction or removal of such fines." Another concern is that maybe that sentence is too broad. If we give the affected municipal officer the opportunity to submit an affidavit stating mitigating facts, then the officer should be able to answer questions about the affidavit and the facts, even if a council member; but not participate in the discussion by Council and not vote due to conflict of interest, if a council member. Page 63 of 233 Mayor Porter and City Councilors 07 -15 -14 Page 3 of 3 The determination by Council regarding sufficiency of the mitigating facts and reduction or removal of fines would have to happen in a properly noticed public meeting, although the Council could go into Executive Session if proper. Questions: Should this be an agenda item at a regularly scheduled council meeting, or a separate special meeting where this is the only agenda item? Should that be specified in this section of Code, or left up to ad hoe decision at the time? Another concern is that the reference to appeal is only with respect to fines and is in new paragraph (c). I think appeal should be the subject of its own separate paragraph, which here would be a new paragraph (f), like we have done in other sections of the Code. Another concern is that the word "omission" is used in new paragraph (c) but the word "violation" is used in new paragraph (d). This has to do with making new paragraph (c) and new paragraph (d) work together. Questions: Perhaps the intent is that if the affected municipal officer doesn't file an affidavit of mitigating facts after being notified by the Clerk of an omission, then the omission becomes a violation? And there is no need for a determination by the City Council? And the Clerk (or Attorney) then notifies the Council in writing "of any known violation" as provided in new paragraph (e)? If an affidavit of mitigating facts is submitted and there is a hearing, then there would be no need for the notice to Council under new paragraph (e); or that notice would be redundant. New paragraph (e) provides that Council gives a mandatory direction to the City Attorney or Clerk to notify the candidate or municipal officer of the violation and to proceed with enforcement. Again, this direction would need to be given in a public meeting. Question: Since enforcement is involved, should this notice in paragraph (e) be given by the City Attorney, unless the omission or violation is by the City Attorney? Another concern is that I'm not sure if new paragraph (b) is an improvement over existing new paragraph (b). Existing paragraph (b) apparently already covers any noncompliant person who is newly elected or newly appointed, providing that the noncompliant person "shall forfeit his or her nomination and shall not be seated or sworn to the office for which he is a candidate." Questions for Legal: • Is the maximum civil fine $500.00 under Code? • If yes, and Council goes with a maximum of $1,000.00, do we need to call it a civil penalty? Page 64 of 233 1.85.050.Refusal or failure to disclose. http:// www. gcode .us /codes/kenai /view.php ?topic=l - 1_85 - 1_85... Kenai Municipal Code r` Up Previous Next Main Search Print No Frames Title 1 AGENCIES, OFFICERS, AND EMPLOYEES Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST 1.85.050 Refusal or failure to disclose. (a) If a candidate fails or refuses to file the statement required by KMC 1.85.010, his or her filing shall be refused or, if previously ac- cepted, shall be returned and his or her name shall be withheld or removed from the filing records of candidates. (b) A person failing or refusing to comply with the requirements of this chapter shall forfeit his or her nomination and shall not be seated or sworn to the office for which he is a candidate. (c) A person who refuses or knowingly fails to make a required disclosure of information as provided in this chapter or who files a statement containing false or misleading information knowing it to be false or misleading, shall be guilty of a violation and upon conviction is punishable by a fine as provided for violations in KMC 13.05.010. (Ords. 359, 1240) 1 of 1 7/13114 3:06 PM Page 65 of 233 Kenai Municipal Code (Kenai, Alaska) Kenai Municipal Code Kenai, Alaska Current through Ordinance 2722 -2013 and the December 2013 code supplement. For more recent amendments to this code, please refer to the CodeAlert page, or contact the city. This document is provided for informational purposes only. Please read the full disclaime r. • Municipal Code Table of Contents • Search • Ordinance List • CodeAlert - Recently Passed Ordinances Links: • Kenai. Alaska - Home Page Contact: Kenai City Clerk: (907) 283 -7535, Ext. 231 Published by: li► (1l m rn' Quality Code Publishing Seattle, WA 1 -800- 328 -4348 I of I http://ww,A,.qcode.us/codes/kenai/ Kenai Municipal Code Up Previous Next Main Search Print No Frames Title 1 AGENCIES, OFFICERS, AND EMPLOYEES Chapter 1.8S FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST 1,85.010 Report of financial and business interests. (a) A candidate for elective municipal office shall file a statement under oath with the City Clerk, at the time of filing a nominating petition and declaration of candidacy, specifying his business interests and htcome sources. (b) Each municipal officer shall file a statement under oath with the City Clerk, within thirty (30) days after appointment to office specifying his business interests and income sources. (c) Each municipal officer shall file a similar statement of income sources and business interests with the City Clerk not later than April 15th of each year that he holds office. (Ord. 359) Page 66 of 233 7/14/14 4:56 PM 1.85.020 Contents of statement. Kenai Municipal Code Up Previous Next Main http://www.qcode.us/e,odes/kenai/view.php?topic=1-1-85-135... Title 1 AGENCIES, OFFICERS, AND EMPLOYEES Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST 1,85.020 Contents of statement. Search Print No Frames (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, domestic partner, dependent children, and non - dependent children residing with the officer or candidate (covered individual), to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b) The statement filed shall include the following information relating to the covered individual. (1) The source of all income over five thousand dollars ($5,000.00) during the preceding calendar year, received by the covered individual, including taxable and nontaxable capital gains, except that a source of income that is a gift must be included if the value of the gift exceeds two hundred fifty dollars ($250.00); (2) The identity, by name and address, of each business in which the covered individual has an interest or was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year, except that an interest of less than five thousand dollars ($5,000.00) in the stock of a publicly traded corporation need not be included; (3) The identity and nature of each interest in real property, including leases, rentals and options to buy, which is owned, held, or possessed at any time during the preceding calendar year by the covered individual; (4) The identity of each trust or other fiduciary relation in which the covered individual held a beneficial interest exceeding five thousand dollars ($5,000.00) during the preceding calendar year, a description and identification of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; (5) Any loan or loan guarantee of more than five thousand dollars ($5,000.00) made to the covered individual, and promissory note signed or debt obligation incurred by the covered individual of more than five thousand dollars ($5,000.00), and the identity of each lender, guaranteed party, payee, or other creditor to whom the covered individual owed more than five thousand dollars ($5,000.00); this subsection requires disclosure of a loan, loan guarantee, note or indebtedness only if the loan, guarantee, or note was made, or the indebtedness incurred, during the preceding calendar year, or if the amount still owing on the loan, loan guarantee, note or indebtedness was more than five thousand dollars ($5,000.00) at any time during the preceding calendar year. Credit cards accounts, revolving charge accounts, health care bills and obligations, and Internal Revenue Service, child support, and alimony claims and obligations are exempt from this paragraph and are not required to be reported; (6) A list of all contracts and offers to contract with a municipality, the state or a political subdivision or instrumentality of the state during the preceding calendar year held, bid, or offered by the covered individual; (7) A list of all mineral, timber, oil, or any other natural resource lease held. or lease offer made, �u- 1 of 2 7/15114 5:13 PM Page 67 of 233 1.85.020 Contents of statement. http://%vww.qcode.us/codes/kenai/view.php4opic= I- IJ5- 1 _85 ... during the preceding calendar year by the covered individual; (8) A list of all contracts, bids, or offers to contract with the City of Kenai during the preceding year which are made, offered or agreed to by the covered individual; (9) A description of each business or financial dealing, transaction, or arrangement over five thousand dollars ($5,000.00) by a covered individual entered into with any municipal officer of the City of Kenai; 2of2 (10) If a covered individual as defined in KMC 1.85.070(b) is a sole proprietor or a member of a partnership or limited liability company, or a shareholder in a corporation or a professional corporation in which the covered individual holds a controlling interest, or the owner of a controlling interest in another business entity, then the disclosures required by KMC 1.85.020 apply to the covered individual's sole proprietorship, partnership, limited liability company, corporation, professional corporation, or other business entity. (c) The statement shall be filed on a form prescribed by the City Clerk and approved by a resolution of the Kenai City Council. (Ords. 359, 1701 -96, 2323 -2008, 2366 -2008) Page 68 of 233 7/15/14 5:13 PM 1.85.030 Modified requirements for professionals. of 1 Kenai Municipal Code Up Previous Next Main http://",w".qcode.us/codes/kenai/vie%v.php?topic=1-1-85-1 85 ... Title 1 AGENCIES, OFFICERS, AND EMPLOYEES Cater 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST 1.85.030 Modified requirements for professionals. Search Print No Frames Notwithstanding other provisions of this chapter, health care providers, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Covered individuals who are the spouses or domestic partners of health care providers, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose the names of their professional spouse's or domestic partner's individual patients or clients who receive professional service. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of five thousand dollars ($5,000.00) or more for services to its members or a defined group, nor to the identity of clients receiving services that do not fall within the covered individual's field of professional expertise. (Ords. 359,2323 -2008) Page 69 of 233 7/15/14 5:13 PM 1.85.070 Definitions as used in this chapter. 1 of 2 Kenai Municipal Code Up Previous Next Main hitp://www.qcode.us/codWkenai/view.php?topic=1-1-85-1-85 Title 1 AGENCIES, OFFICERS, AND EMPLOYEES Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST 1.85.070 Definitions as used in this chapter. Search Print No Frames (a) "Municipal officer" means the Mayor, City Manager, Members of the Council, Members of the Planning and Zoning Commission, City Attorney and City Clerk. (b) "Covered individual" means a municipal officer or candidate and the municipal officer's or candidate's spouse, domestic partner, dependent children and non - dependent children residing with the officer or candidate. (c) "Domestic partner" means a person who is cohabitating with another person in a relationship like a marriage but that is not a legal marriage. (d) "Health care provider" means an acupuncturist licensed under AS 08.06, an audiologist or speech language pathologist licensed under AS 08- 11, a chiropractor licensed under AS 08.20, a dental hygienist licensed under AS 08.32, a dentist licensed under AS 08.36, a nurse licensed under AS 08.68, a dispensing optician licensed under AS 08.71, a naturopath licensed under AS 08.45, an optometrist licensed under AS 08.72, a pharmacist licensed under AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a physician or physician assistant licensed under AS 08.64, a podiatrist licensed under AS 08.64, a psychologist or psychologist associate licensed under AS 08.86. (e) "Source of income" means an employer, other person, or entity paying compensation, dividends, or interest, directly or indirectly, for services, products, or investments. if the income being reported is derived from employment by a sole proprietorship, partnership, limited liability company, corporation, professional corporation or other business entity in which the reporting person, spouse, domestic partner, dependent children or nondependent children residing with the reporting person, or a combination of them, hold a controlling interest, that proprietorship, partnership, limited liability company, corporation, professional corporation or other business entity may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers, or if KMC 1.85.030 applies. In all other cases, the clients or customers of the proprietorship, partnership, limited liability company, corporation, professional corporation or other business entity shall be listed as sources of income of the covered individual. (f) "Financial interest" means the receipt of financial benefit or the expectation of receiving financial benefit. A financial interest includes a financial interest of any member of the person's household. A person has a financial interest in an organization if he or she has an ownership interest in the organization, is a director, officer or employee of the organization. A financial interest also includes appearance as an attorney or a party plaintiff or defendant, or as a real party in interest, in any lawsuit, master's hearing or other legal proceeding in which the city is a party plaintiff or defendant or otherwise has a direct interest. A financial interest does not include (i) an affiliation with an organization solely as a volunteer, club member, or the like; or (ii) a personal or financial interest of a type which is generally shared in common with the public or a large class of citizens. (g) "Household" includes anyone whose primary residence is in the employee's, commissioner's or municipal officer's home, including non- relatives. Page 70 of 233 7/13/14 3:07 PM 1.85.070•Definitions as used in this chapter. hitp: / /www.gcode.us /codes /kenai /view.php ?topic =l- 1_85- 1_85... (h) "Official action" means a recommendation, decision, approval, disapproval, vote or other similar action, including inaction by an employee whether such action is administrative, legislative, quasi- judicial, advisory or otherwise. (Ords. 359, 1700 -96, 2319 -2008, 2323 -2008) (Note: To the extent that this chapter sets forth disclosure requirements which are less stringent than those imposed by AS 39.50 and AS 15.13, the more stringent requirements of State Statute must be followed. City Attorney's Opinion 4/20/79.) 7/13/14 3:07 PM Page 71 of 233 [PAGE LEFT BLANK INTENTIONALLY] Page 72 of 233 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2782 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 14.20.171 - GROUP CARE FACILITIES, AND AMENDING KMC 14.20.320 - DEFINITIONS, AND KMC 14.22.010 - LAND USE TABLE, TO DEFINE AND PROVIDE ZONING REGULATIONS FOR GROUP CARE FACILITIES. WHEREAS, the Kenai Zoning Code is contained in KMC Title 14; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and operation of Group Care Facilities; and, WHEREAS, the Fair Housing Act of 1968 as amended in 1988, prohibits housing discrimination against protected classes; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to identify appropriate locations and adopt standards for the operation of Group Care Facilities within the City that comply with applicable law; and, WHEREAS, WHEREAS, on the 28th day of May, 2014, the Planning & Zoning Commission passed Resolution PZ -14 -08 recommending that the Kenai City Council adopt KMC 14.20.171 establishing a process for the regulation of Group Care Facilities within the City of Kenai, amending the Land Use Table in KMC 14.22.010 to provide for group care facilities and amending 14.20.320 to include definitions for Group Care Facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a code ordinance. Section 2. Enactment of Section 14.20.171 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.171 -Group Care Facilities, is hereby enacted as follows: KMC 14.20.171. Group Care Facilities (a) commercial areas. New Tent Underlined; ]DELETED TEXT BRACKETED] Page 73 of 233 Ordinance No. 2782 -2014 Page 2 of 12 (b) (c) shall be used or relied on to discriminate in housing within the City of Kenai based on race, color, national origin, religion, sex, familial status or disability. 14.20.150. Conditional Use Permits, the Commission shall also specifically consider the following standards when considering Conditional Use Permits for a Group Care Facility: (1) The Group Care Facility shall conform to the underlying zone district's Use Table and Development Requirements. (2) In all zone districts the maximum lot coverage for all buildings shall not (3) (4) Any facility shall comply with the minimum lot area requirement for the zone in which it is located. (5) All facilities shall have supervisory personnel on site at all times. (6) Adequate access to sanitary and cooldng or food service facilities as appropriate shall be provided. (7) A minimum of 150 square feet of private enclosed living area (a room), exclusive of dining and bath facilities shall be provided for every person EE Adequate recreational facilities shall be provided as appropriate for the facility's client group. Section 3. Amendment of Section 14.20.320(bl of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.320(b) - Definitions, is hereby amended as follows: KMC 14.20.320 Definitions. (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use, except as allowed by a conditional use permit. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. New Text Underlined; (DELETED TEXT BRACKETED] Page 74 of 233 Ordinance No. 2782 -2014 Page 3 of 12 "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alteration" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple - family." "Area, building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblage" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. "Automobile sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile service station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The tern "bank" includes savings and loan. "Bed and breakfast" means a residential, owner- occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. New Text Underlined; )DELETED TEXT BRACKETED) Page 75 of 233 Ordinance No. 2782 -2014 Page 4 of 12 also provide some combination of personal care social or counseling services and transportation. "Boarding house" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one (1) or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. "Building, principal or main" means a building or structure in which is conducted the principal or main use on the lot which said building is situated. "Business/ consumer services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care Clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "College" means an educational institution providing postsecondary (after high school) education. "Commercial kennel" has the same meaning given in KMC 3.05.010. "Commercial recreation" means a recreation facility operated as a business and open to the public for a fee. New Text Underlined; ]DELETED TEXT BRACKETED] Page 76 of 233 Ordinance No. 2782 -2014 Page 5 of 12 "Commission" means the Kenai Planning and Zoning Commission. "Communication antenna" has the same meaning given in KMC 14.20.255. "Communication tower" has the same meaning given in KMC 14.20.255. arrangements. "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. nursing homes hotels or lodging houses. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory/ funeral home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day care center" means an establishment where child care is regularly provided for children for periods of less than twenty -four (24) hours, including the New Text Underlined; [DELETED TEXT BRACKETED Page 77 of 233 Ordinance No. 2782 -2014 Page 6 of 12 building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged. "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one - family, two - family and multiple - family dwellings, but not including any other building wherein human beings may be housed. "Dwelling, one - family" means any detached building containing only one (1) dwelling unit. "Dwelling, two- family" means any building containing only two (2) dwelling units. "Dwelling, multiple - family" means any building containing three (3) or more dwelling units. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Elementary school" means any school usually consisting of grades pre- kindergarten through grade 6 or any combination of grades within this range. "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one (1) side of a street between intersection streets. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Gas manufacturer /storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning/ compressor stations. New Text Underlined; [DELETED TEXT BRACKETED] Page 78 of 233 Ordinance No. 2782 -2014 Page 7 of 12 "Storage" means surface uses necessary for storage of produced or non - native natural gas. or orisons. "Governmental building" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High school" means a secondary school usually consisting of grades 9 through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use carried out for remuneration by a resident in the resident's dwelling unit. "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off -street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. New Text Underlined; IDELETED TEXT BRACKETED] Page 79 of 233 Ordinance No. 2782 -2014 Page 8 of 12 "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front - corner lot" means the shortest street line of a corner lot. "Lot line, front - interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Manufacturing /fabricating /assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi- detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or New Text Underlined; [DELETED TEXT BRACKETED] Page 80 of 233 Ordinance No. 2782 -2014 Page 9 of 12 parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. "Nonconforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Nonconforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Nonconforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. "Nursing, convalescent or rest home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Park" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Parking, public lots" means a parking area available to the public, whether or not a fee for use is charged. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, or their successors and /or assigns or the agent of any of the aforesaid. "Personal services" mean establishments engaged in providing services involving the care of a person or his or her apparel. "Planned unit residential development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active New Text Underlined; DELETED TEXT BRACKETED Page 81 of 233 Ordinance No. 2782 -2014 Page 10 of 12 recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to, travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail business" means establishments engaged in selling goods or merchandise to the general public for business or personal/ household consumption and rendering services incidental to the sale of such goods. "Secondary use" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface extraction of natural resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface extraction of natural resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. New Text Underlined; DELETED TEXT Page 82 of 233 Ordinance No. 2782 -2014 Page 11 of 12 "Tree nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his or her real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" mean the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. Section 4. Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.22.010 -Land Use Table, is hereby amended by adding and deleting the following columns and rows regarding Group Care Facilities in alphabetical sequence: KMC 14.20.0 10 LAND USE TABLE PUBLIC /INSTITUTIONAL C R R RRl RS RS RS RU CC CG -- IL IIi -- ED R TS L C CM -- 1 2 -- H U Group Care Facility: 1 -3 Dwellines* N P P P P P P C C N N C C C C C Group Care Facility: 4 or more Dwellings* N C C C C C C C C N N C C C C C New Text Underlined; [DELETED TEXT BRACKETED] Page 83 of 233 Ordinance No. 2782 -2014 Page 12 of 12 PUBLIC /INSTITUTIONAL C RR RRl RS RS 1 RS 2 RU CC CG IL IH ED R TS IL H C JCM U [ASSISTED LIVING] [C] 1C] [C] [C] [C] [C] [C] [C] [C] [C] [C] (C] [C] 1C] [C [C] Section S. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 16, 2014 Adopted: August 6, 2014 Effective: September 5, 2014 New Text Underlined; [DELETED TEXT BRACKETED Page 84 of 233 1 "Vllaye with a Past, C# wick a Future // 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 1111. i 1991 MEMORANDUM: TO: Rick Koch, City Manager FROM: Francis Krizmanich, City Planner DATE: June 24, 2014 SUBJECT: Group Care Facility Code Amendment In 2013, The City Council requested that the Planning staff begin work sessions with the Planning and Zoning Commission (P &Z) to discuss "Transitional Housing" facilities in the City of Kenai. Work sessions were held from August 2013 through May of 2014. The intent of those work sessions was to create a regulatory framework to proactively address issues related to transitional housing before any new facility is developed in the City. Based on the work sessions with the P &Z, a broader definition, Group Care Facility, evolved that is more inclusive than the limited concept of Transitional Housing. The definition of "Group Care Facility" is more inclusive and therefore potentially less discriminatory than other more limited definitions. The Group Care Facility is recommended to be added as a separate code definition that broadly includes similar but separately defined uses. By creating this broad definition, the LAND USE TABLE can simply use "Group Care Facility" within the Public /Institutional section of the Land Use Table to regulate numerous similar uses. The definition for a Group Care Facility follows: A Group Care Facility is a facility which provides training, care, supervision, treatment and /or rehabilitation to the aged, disabled, homeless, or those suffering from the effects of drugs or alcohol. Such facilities include Assisted Living, Transitional Care Home, Boarding Home for Sheltered Care, Community Residences for the Developmentally Disabled, Community Residential Home, Community Shelters for Victims of Domestic Violence and Congregate Residence; however, this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons. Definitions for all of the separate facilities contained in the above broad definition are also proposed to be added to the code. Page 85 of 233 The Group Care Facility is placed within the Public/ Institutional section of the Land Use Table. It is classified as a Principal Permitted Use in those zones where similar uses are permitted, and as Conditional Use or Not Permitted use consistent with other zones in each use category. The proposed code amendment also contains standards for Group Care Facilities. The Standards apply to both Principal Permitted Uses and Conditional Uses. The Planning and Zoning Commission Resolution No. PZ14 -08, for Group Care Facilities, is attached. Page 86 of 233 CITY OF KENAI PLANNING AND ZONING COMMI1 RESOLUTION NO. PZ14 -08 tRce.'G of GROUP CARE FACILITIES A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC 14.20.171 ESTABLISHING A PROCESS FOR THE REGULATION OF GROUP CARE FACILITIES WITHIN THE CITY OF KENAI, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE FOR GROUP CARE FACILITIES AND AMENDING 14.20.320 TO INCLUDE DEFINITIONS OF GROUP CARE FACILITIES. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and placement of group care facilities in its zoning code; and, WHEREAS, the Fair Housing Act of 1968 and as amended in 1988, prohibits Housing discrimination against certain classes of people and the manner in which local governments may regulate housing for certain groups of people; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens to enact an ordinance regulating the establishment and placement of group care facilities within the City's boundaries that is in conformance with the Fair Housing Act. NOW, THEREFORE, IT IS RECOMMENDED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances be amended by adding a new section to be numbered KMC 14.20.171 as shown in Attachment "A" and adding 2) KMC 14.20.320(b) Specific Definitions as shown in Attachment "B" and 3) amending KMC 14.22.010 as shown in Attachment "C ". PASSED BY THE PLANNING AND ZONING COMMISSION ALASKA, this 28TH day of May, 2014. ATTE Sandia o i , CIT CLERK Page 87 of 233 KENAI, ATTACHMENT A 14.20.171. Group Care Facility (a) Intent: The City of Kenai may allow a Group Care Facility that insures safe and healthy living facilities for its clients. It is also the intent of this provision to allow such facilities subject to operational plans and standards that will mitigate any potential negative impacts to neighboring residential and commercial areas. (b) The City of Kenai fully intends to comply with the Fair Housing Act adopted in 1968 and as amended in 1988 or as thereafter amended, and nothing in this section shall be used or relied on to discriminate in housing within the City of Kenai based on race, color, national origin, religion, sex, familial status or disability. (c) The following standards shall apply to Group Care Facilities when allowed as a Principal Permitted Use. In addition to the considerations expressed in KMC 14.20.150, Conditional Use Permits, the Commission shall also specifically consider the following standards when considering Conditional Use Permits for a Group Care Facility: (1) The Group Care Facility shall conform to the underlying zone district's Use Table and Development Requirements. (2) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (3) Any facility shall comply with the minimum lot area requirement for the zone in which it is located. (4) Parking shall be provided on the subject property in conformance with the "Off- street parking and loading requirements" section of the City of Kenai Planning and Zoning code. (5) All facilities shall have supervisory personnel on site at all times, 24 hours per day, 7 days per week. (6) Adequate access to sanitary and cooking or food service facilities as appropriate shall be provided. (7) A minimum of 150 square feet of private enclosed living area (a room), exclusive of dining and bath facilities shall be provided for every person residing in the facility, up to a maximum occupancy of 4 unrelated individuals per enclosed space (a room containing 600 square feet) exclusive of dining and bath facilities. (8) Adequate recreational facilities shall be provided as appropriate for the facility's client group. Page 88 of 233 ATTACHMENT B KMC 14.20.320 Specific Definitions. "Boarding Home for Sheltered Care" means a facility for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. "Community Residences for the Developmentally Disabled" means a facility that provides food, shelter and personal guidance, with supervision, to developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community. These facilities normally include group homes, intermediate care facilities, and supervised apartment living arrangements. "Community Residential Home" means a facility that provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of an aged person, a physically disabled or handicapped person, a developmentally disabled person, an undangerous mentally ill person, and a child. "Community Shelter for Victims of Domestic Violence" means a facility that provides food, shelter, medical care, legal assistance, personal guidance, and other services to persons who have been victims of domestic violence, including any children of such victims, and who temporarily require shelter and assistance in order to protect their physical or psychological welfare. Congregate Residence means a facility for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses. "Group Care Facility" means a facility which provides training, care, supervision, treatment and /or rehabilitation to the aged, disabled, homeless, or those suffering from the effects of drugs or alcohol. Such facilities include Assisted Living, Transitional Care Home, Boarding Home for Sheltered Care, Community Residences for the Developmentally Disabled, Community Residential Home, Community Shelters for Victims of Domestic Violence, Congregate Residence; however, this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons. "Transitional Care Home" means a facility in which individuals live for a short period of up to two years of time while receiving physical, social or psychological therapy and counseling to assist them in overcoming physical or emotional problems to prepare them for finding and obtaining permanent housing. Page 89 of 233 ATTACHMENT C KMC 14.20.010 LAND USE TABLE PUBLICIINSTITUTIONAL C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Group Care Facility: N P P P P p p C C N N [C] [C] [C] [Cl [C] 1 -3 Dwellings' VRTSH Group Care Facility N C c C c C C C C N N C 4 or more Dwellings- ... "Group Care Facilities, Including both Principal Permitted Uses and Conditional Uses, shall comply with the standards outlined in section 14.20.171. Deleted Text Capitalized and in Brackets: PUBLIC /INSTITUTIONAL C RR RR7 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU [ASSISTED LIVING] [C] [C] [C] (C] [C] [C] [C] [C] [C] [CI [C] [C] [C] [C] [Cl [C] Page 90 of 233 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2783 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 14.20.172 - EMERGENCY SHELTERS, AND AMENDING KMC 14.20.320 - DEFINITIONS, AND KMC 14.22.010 - LAND USE TABLE, TO PROVIDE ZONING REGULATIONS FOR EMERGENCY SHELTERS THAT PROVIDE TEMPORARY HOUSING FOR HOMELESS AND OTHERS IN NEED OF SAFE ACCOMMODATIONS. WHEREAS, the Kenai Zoning Code is contained in KMC Title 14; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and placement of emergency shelters in its zoning code; and, WHEREAS, emergency shelters provide temporary overnight sleeping accommodations for homeless persons; and, WHEREAS, it is in the best interest of the of the citizens of the City of Kenai to balance access to safe emergency shelters with the protection of residential neighborhoods and business districts by permitting emergency shelters through the conditional use process; and, WHEREAS, on the 28th day of May, 2014, the Planning & Zoning Commission held a public hearing and passed Resolution PZ -14 -10 recommending that the Kenai City Council adopt KMC 14.20.172 establishing a process for regulation of Emergency Shelter facilities within the City of Kenai, amending the Land Use Table, KMC14.22.010, to provide for Emergency Shelters and amending 14.20.320 to include a definition of Emergency Shelter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a code ordinance. Section 2. Enactment of Section 14.20.172 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.172- Emergency Shelters, is hereby enacted as follows: 14.20.172. Emergency Shelters (a) Intent: The City of Kenai may allow an Emergency Shelter as a Conditional Use residential and commercial areas. New Text Underlined; DELETED TEXT BRACKETED] Page 91 of 233 Ordinance No. 2783 -2014 Page 2 of 12 (b) (1) The facility shall only be used to provide temporary housing. (2) The facility shall conform to the underlying zone district's Use Table and Development Requirements. (3) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (4) Kenai Planning and Zoning code. (5) All facilities shall have supervisory personnel on site at all times during use of the facility. (6) The _ faacility must be approved by the Kenai Fire Department or Fire Marshall as suitable for a temporary emergency shelter. (7) In the event of an extreme or otherwise unforeseen emergency, the City Council, Mayor, or City Manager may designate otherwise unvermitted facilities as Emergency Shelters. Section 3. Amendment of Section 14.20.320(b) of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.320(b) - Definitions, is hereby amended as follows: KMC 14.20.320 Definitions. (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use, except as allowed by a conditional use permit. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to New Text Underlined; ]DELETED TEXT BRACKETED] Page 92 of 233 Ordinance No. 2783 -2014 Page 3 of 12 take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alteration" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple- family." "Area, building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblage" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. "Automobile sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile service station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and breakfast" means a residential, owner- occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. "Boarding house" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers New Text Underlined; [DELETED TEXT BRACKETED) Page 93 of 233 Ordinance No. 2783 -2014 Page 4 of 12 pay compensation to use one (1) or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. "Building, principal or main" means a building or structure in which is conducted the principal or main use on the lot which said building is situated. "Business /consumer services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "College" means an educational institution providing postsecondary (after high school) education. "Commercial kennel" has the same meaning given in KMC 3.05.010. New Text Underlined; ]DELETED TEXT BRACKETED] Page 94 of 233 Ordinance No. 2783 -2014 Page 5 of 12 "Commercial recreation" means a recreation facility operated as a business and open to the public for a fee. "Commission" means the Kenai Planning and Zoning Commission. "Communication antenna" has the same meaning given in KMC 14.20.255. "Communication tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory/ funeral home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day care center" means an establishment where child care is regularly provided for children for periods of less than twenty-four (24) hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged. "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one - family, two - family and multiple - family dwellings, but not including any other building wherein human beings may be housed. "Dwelling, one - family" means any detached building containing only one (1) dwelling unit. "Dwelling, two - family" means any building containing only two (2) dwelling units. "Dwelling, multiple - family" means any building containing three (3) or more dwelling units. New Text Underlined; )DELETED TEXT BRACKETED) Page 95 of 233 Ordinance No. 2783 -2014 Page 6 of 12 "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Elementary school" means any school usually consisting of grades pre- kindergarten through grade 6 or any combination of grades within this range. "Emergency Shelters" means any facility with overnight sleeping accommodations the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (for example victims of domestic violence, single men /women youth etc.). Shelter may be Placement within a shelter facility overnight church -based program or motel "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one (1) side of a street between intersection streets. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Gas manufacturer /storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning/ compressor stations. "Storage" means surface uses necessary for storage of produced or non - native natural gas. New Text Underlined; [DELETED TEXT BRACKETED] Page 96 of 233 Ordinance No. 2783 -2014 Page 7 of 12 "Governmental building" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High school" means a secondary school usually consisting of grades 9 through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use carried out for remuneration by a resident in the resident's dwelling unit. "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off -street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. New Tent Underlined; [DELETED TEXT BRACKETED] Page 97 of 233 Ordinance No. 2783 -2014 Page 8 of 12 "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front -corner lot" means the shortest street line of a corner lot. "Lot line, front- interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Manufacturing /fabricating /assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal New Text Underlined; IDELETED TEXT BRACKETED] Page 98 of 233 Ordinance No. 2783 -2014 Page 9 of 12 Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. "Nonconforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Nonconforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Nonconforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. "Nursing, convalescent or rest home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Park" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Parking, public lots" means a parking area available to the public, whether or not a fee for use is charged. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, or their successors and /or assigns or the agent of any of the aforesaid. New Text Underlined; [DELETED TEXT BRACKETED] Page 99 of 233 Ordinance No. 2783 -2014 Page 10 of 12 "Personal services" mean establishments engaged in providing services involving the care of a person or his or her apparel. "Planned unit residential development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to, travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail business" means establishments engaged in selling goods or merchandise to the general public for business or personal /household consumption and rendering services incidental to the sale of such goods. "Secondary use" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined; (DELETED TEXT BRACKETED Page 100 of 233 Ordinance No. 2783 -2014 Page 11 of 12 "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface extraction of natural resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface extraction of natural resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his or her real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be New Text Underlined; DELETED TEXT BRACKETED] Page 101 of 233 Ordinance No. 2783 -2014 Page 12 of 12 measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" mean the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. Section 4. Amendment of Section 14.22.010 of the Kenai Municipal Code• That Kenai Municipal Code, Section 14.22.010- Land Use Table, is hereby amended by adding the following columns and rows regarding Emergency Shelters in alphabetical sequence: KMC 14.22.010 LAND USE TABLE PUBLIC /INSTITUTIONAL C RR RRl R3 RSl RS2 RU CC CG IL IH ED R TSH LC CMU Emergency Shelter IN IC 1C N N N N C C C C Ig C C C Ig Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 16, 2014 Adopted: August 6, 2014 Effective: September 5, 2014 New Text Underlined; [DELETED TEXT BRACKETED Page 102 of 233 M 'VI'�laye with a Past, Ci� with a Fuftwe 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tl IL 1992 MEMORANDUM: ly \TO: Rick Koch, City Manager FROM: Francis Krizmanich, City Planner DATE: June 24, 2014 SUBJECT: Code Amendment to add Emergency Shelter to the Zoning Code When the Planning and Zoning Commission discussed Group Care Facilities, they concluded that a Homeless Shelter is a somewhat different but similar and necessary use that could be treated as a Conditional Use in most zone districts. The Commission did recommend that emergency shelters should not be permitted in the Conservation, Urban Residential and Suburban Residential zone districts. An Emergency Shelter means any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (e.g. victims of domestic violence, single men/ women, youth, etc.). Shelter may be placement within a shelter facility, overnight church -based program or motel. Emergency Shelter facilities will be added as a separate code definition and land use to differentiate it from Group Care Facilities. The LAND USE TABLE will list Homeless Shelter as a Conditional Use in all zone districts under the Public/ Institutional use classification. We place Homeless Shelter in the Conditional Use section, add standards and also refer it back to the general Conditional Use Standards contained in KMC Sec 14.20.150. The Planning and Zoning Commission Resolution, No. PZ14 -10, for Emergency Shelter, is attached. Page 103 of 233 i y CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -10 EMERGENCY SHELTER A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC 14.20.172 ESTABLISHING A PROCESS FOR THE REGULATION OF EMERGENCY SHELTER FACILITIES WITHIN THE CITY OF KENAI, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE FOR EMERGENCY SHELTERS AND AMENDING 14.20.320 TO INCLUDE A DEFINITION OF EMERGENCY SHELTER. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and placement of emergency shelters in its zoning code; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens safety to enact an ordinance regulating the establishment and placement of emergency shelter facilities within the City's boundaries. NOW, THEREFORE, IT IS RECOMMENDED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances be amended by adding a new section to be numbered KMC 14.20.172 and adding to KMC 14.20.320(b) Specific Definitions and amending KMC 14.22.010 as shown in Attachment "A ". PASSED BY THE PLANNING AND ZONING ALASKA, this 28TH day of May 2014. ATTE Sand I odi •a h, CI1 CLERK Page 104 of 233 KENAI, VICE- CHAIRMAN ATTACHMENT A 14.20.172. Emergency Shelter (a) Intent: The City of Kenai may allow an Emergency Shelter as a Conditional Use that provides temporary housing for indigent, needy, or homeless persons. It is the intent of this provision to allow such facilities subject to operational plans and standards that will mitigate any potential negative impacts to neighboring residential and commercial areas. (b) In addition to the considerations expressed in KMC 14.20.150, the Commission shall also specifically consider the following standards when considering Conditional Use Permits for an Emergency Shelter: (1) The facility shall only be used to provide temporary housing. (2) The facility shall conform to the underlying zone district's Use Table and Development Requirements. (3) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (4) Parking shall be provided on the subject property in conformance with the "Off- street parking and loading requirements" section of the City of Kenai Planning and Zoning code. (5) All facilities shall have supervisory personnel on site at all times during use of the facility, 24 hours per day, 7 days per week. (6) The facility must be certified by the Kenai Fire Department or Fire Marshall as suitable for a temporary emergency shelter. (7) In the event of an extreme or otherwise unforeseen emergency, the City Council, Mayor, or City Manager may designate otherwise unpermitted facilities as Emergency Shelters. KMC 14.20.010 LAND USE TABLE PUBLIC /INSTITUTIONAL C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Emergency Shelter N C C N N N N C C C C C C C C C KMC 14.20.320 Specific Definitions. Emergency Shelter means any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (e.g. victims of domestic violence, single men/ women, youth, etc.). Shelter may be placement within a shelter facility, overnight church -based program or motel. Page 105 of 233 [PAGE LEFT BLANK INTENTIONALLY] Page 106 of 233 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2784 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.22.010 - LAND USE TABLE, TO DESIGNATE AIRPORTS AS A CONDITIONAL USE INSTEAD OF A PERMITTED USE, IN CENTRAL COMMERCIAL, GENERAL COMMERCIAL, LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL ZONES AND TO CLARIFY THE INTENDED LAND USE. WHEREAS, the Kenai Zoning Code, Section 14.22.010, Land Use Table, lists "Airports and Related Uses" as a Principal Allowed Use in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts; and, WHEREAS, "Airports" are defined in Section 14.20.320 of the Zoning Code but "Related Uses" are not defined and should be removed from the Land Use Table; and, WHEREAS, airports can have a widespread impact on surrounding areas; and, WHEREAS, it is in the best interest of the City of Kenai to protect its citizens from airport hazards and to promote the health and welfare of its citizens by regulating the placement and operation of airports within the City limits; and, WHEREAS, regulating airports in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts as Conditional Uses is in the City's best interest; and, WHEREAS, On June 25, 2014 the Planning and Zoning Commission held a public hearing and passed PZ14 -17 Recommending Council Amend the Land Use Table in KMC 14.22.010 to Provide for Airports as a Conditional Use in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial Zone Districts and to Eliminate the Reference to Related Uses in the Use Table. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.22.010, is hereby amended as follows: New Text Underlined; DELETED TEXT BRACKETED] Page 107 of 233 Ordinance No. 2784 -2014 Page 2 of 2 KMC 14.22.010 LAND USE TABLE INDUSTRIAL C RR RRl IRS1 RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Airports P C N C N N C C[P] C[P] C[P] C[P] N C N N C (AND RELATED USES] Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 16, 2014 Adopted: August 6, 2014 Effective: September 5, 2014 New Text Underlined; [DELETED TEXT BRACKETED) Page 108 of 233 u "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I I Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 MEMORANDUM: TO: Rick Koch, City Manager uuFROM: Francis Krizmanich, City Planner DATE: June 26, 2014 SUBJECT: Airports as Conditional Uses in the Industrial and Commercial zones On June 25, the Planning Commission held a public hearing to amend the zoning code to list "Airports" as a Conditional Use in the Central Commercial (CC), General Commercial (CG), Light Industrial (IL) and the Heavy Industrial (IH) zone districts. "Airports and Related Uses" are currently listed in the Land Use Table, KMC Section 14.22.010, as a Principal Permitted Use in the Central commercial (CC), General Commercial (CG), Light Industrial (IL) and the Heavy Industrial (IH) zone districts. As defined in our code, "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings." Amending the Land Use Table to make airports a Conditional Use in the Central Commercial, General Commercial and Industrial zone districts would be an appropriate mechanism to provide for some public safeguards for any new airport development in these areas. The Planning Commission agreed that the City can and should regulate airport development in these zones and that we would use the standard conditional use permit (CUP) process to accomplish this. As part of that process, we would work with the City Airport staff, Airport Commission and the FAA as appropriate. Typical conditional use issues that would be reviewed would include conformance with adopted plans, hours of operation, lighting, frequency of use, noise, approaches, neighborhood compatibility, accessory structures, and wildlife impacts. Page 109 of 233 The staff opinion is that amending the Land Use Table to refer to only Airports and deleting Related Uses would be appropriate given that Airport is defined in the code; whereas, Related Uses is not defined. Deleting the Related Uses wording would allow related uses to occur as they would otherwise be allowed by other zoning provisions such as Retail, Warehouse, Storage Yard, etc. without unnecessarily burdening the business community with needless conditional use reviews for the related uses. The Land Use Table would be amended as shown below. Underlining denotes code additions, brackets and capitol letters denote deletions. KMC 14.20.010 LAND USE TABLE INDUSTRIAL C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Airports P C N C N N C C[P] C[P] C[P] C[P] N C N N C [AND,RELATED USES] Page 110 of 233 % CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -17 AMENDMENT TO THE CC, CG, IL AND IIi ZONE DISTRICTS TO PERMIT AIRPORTS AS A CONDITIONAL USE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE AMENDMENT OF THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE FOR AIRPORTS AS A CONDITIONAL USE IN THE CENTRAL COMMERCIAL, GENERAL COMMERCIAL, LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL ZONE DISTRICTS AND TO ELIMINATE THE REFERENCE TO RELATED USES IN THE USE TABLE. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning Code Land Use Table currently lists "Airports and Related Uses" as a Principal Allowed Use in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens safety to regulate the establishment and placement of airports within the City's boundaries. NOW, THEREFORE, IT IS RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances, KMC 14.22.010, Land Use Table, be amended to require "Airports" to be listed as Conditional Uses in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts, and that "and Related Uses" be deleted from the "Airports and Related Uses "" listing in the Land Use Table as shown in Attachment "A ". PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 25TH day of June, 2014. ( �, 1 'Jeff : Jeff alit, CHAIRMAN A EST: S4jna'kcrdigli, CITY CLERK Page 111 of 233 Attachment A KMC 14.20.010 LAND USE TABLE C IRR IRRIIRS I RS1IRS2IRU ICC ICG IIL Airports RELATED USES] JP IC IN IC IN IN IC JCpjIC[P]IC[P] C[P) N FCN N C Page 112 of 233 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2785 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE STATE OF ALASKA FOR THE PURCHASE OF LIBRARY BOOKS. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Education & Early Development for the purchase of books at the Library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. Section 1. Form. That this is a non -code ordinance Section 2. That the City Manager is authorized to accept a grant from the State of Alaska, Department of Education and Early Development in the amounts of $ 6,650 for the purchase of library books and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: 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 - State Grants $6,650 Increase Appropriations: Library - Books $6,650 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: July 16, 2014 Approved by Finance: Adopted: August 6, 2014 Effective: August 6, 2014 t New Text Underlined; [DELETED TEXT BRACKETED] Page 113 of 233 j'I"V i�laye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 led Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illlll 1992 the ef6y,a f KENAI, KASKA MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: July 8, 2014 SUBJECT: Annual State Grant The library has been awarded the annual public library assistance grant by the Alaska State Library. As per the grant award, the amount of $6,650 is to be used for the purchase of books and should be deposited in account 001- 440 -4666. The library director completes an application each year in order to receive these funds. Certain minimum standards must be met in order to receive this grant. These include reporting requirements on expenditures and collection statistics, number of hours that the library is open to the public, minimum educational requirements for the Library Director and continuing education requirements. %z�y0/-4'0J Suggested by: Administration u«ry� CITY OF KENAI KENAI, ALA SKII RESOLUTION NO. 2014 -51 • RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING • KENAI BUSINESS IMPROVEMENT PROGRAM. WHEREAS, it is in the best interest of the Kenai Business Community and residents to have attractive welcoming business buildings; and, WHEREAS, a limited public investment will promote private investment in the City's business core area; and, WHEREAS, in 2013 the Kenai City Council requested that the Planning & Zoning Commission review the Soldotna Storefront Improvement Program to determine if a similar program was appropriate in the City of Kenai; and, WHEREAS, the Planning & Zoning Commission held work sessions to discuss a Kenai Business Improvement Program; and, WHEREAS, on the 24th day of May, 2014, the Planning & Zoning Commission passed Resolution PZ -14 -09 recommending that the Kenai City Council adopt the Kenai Business Improvement Program Guidelines and Application. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: 1. The 2014 Kenai Business Improvement Plan (Exhibit A) is approved subject to funding. 2. Should funding continue for future years, the City Administration may modify the Kenai Business Improvement Plan as needs arise and report changes to the City Council as soon as reasonable practical. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 10th day of July, 2014. ATTEST: Sandra Modigh, City Clerk i PAT PORTER, MAYOR Page 115 of 233 / "'Village with a Past, Ci� with a Future 1 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 _ Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 tlllft 1992 the 6" n REVIEWED BY COUNCIL/ f NO ACTION TAKEN �- Vlre i' W -tb bt KENAAA ALASKA Date: MEMORANDUM TO: City Council FROM: Francis Krizmanich, City Planner THROUGH: Rick Koch DATE: June 18, 2014 SUBJECT: Kenai Business Improvement Program In 2013, the City Council became interested in the Storefront Improvement Program (SIP) that was created by the City of Soldotna. The program was created to help revitalize businesses along their highway corridors by providing matching grant funding for storefront improvements to commercial properties with street frontage. The Kenai City Council requested that the Planning Commission review the Soldotna program to possibly create a similar program for the City of Kenai. The Planning Commission held work sessions in 2013, and also in February, March and April this year. At their meeting on May 14, the Planning Commission approved the Kenai Business Improvement Program (KBIP) by their Resolution PZ14 -09, which is now being presented to City Council. For this meeting I would like to present the new Kenai Business Improvement Program (KBIP) Guidelines and Application as recommended by the Planning and Zoning Commission. • The program should be named the Kenai Business Improvement Program (KBIP). • The Program should be limited to properties located in the commercial zone districts. These districts include the Townsite Historic, Central Commercial, Limited Commercial, General Commercial and Central Mixed zones. • Projects must front on an identified public street. • The Planning Commission recommended that City Council appoint a selection committee to decide which projects are eligible. The staff recommends that Council appoint the Mini Grants Committee. Page 116 of 233 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL AND ADOPTION OF THE KENAI BUSINESS IMPROVEMENT PROGRAM FOR THE CITY OF KENAI TO THE KENAI CITY COUNCIL. WHEREAS, in 2013 the City Council requested that the Planning and Zoning Commission review the Soldotna Storefront Improvement Program to possibly create a similar program for the City of Kenai; WHEREAS, the Planning and Zoning Commission held work sessions during 2013 to review the Soldotna program; WHEREAS, on February 26, 2014, the Kenai Planning and Zoning Commission continued their review of the information pertaining to the City of Soldotna's Storefront Improvement Program. The Commission agreed that a similar program would be beneficial to the City of Kenai; WHEREAS, on March 26, 2014, the Planning and Zoning Commission discussed changes and additions to the program guidelines and application format and agreed to develop a business improvement program to be known as the Kenai Business Improvement Program (KBIP); and WHEREAS, on April 9, 2014, the Kenai Planning and Zoning Commission reviewed and approved the final draft of the Kenai Business Improvement Program guidelines and recommends to the Kenai City Council approval of the Kenai Business Improvement Program. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council adopt the Kenai Business Improvement Program guidelines and application attached hereto. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THE 14TH DAY OF MAY, 2014. CHAIRPE ATTEST: Page 117 of 233 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -09 hf KENAI. EhI. ° KENAI BUSINESS IMPROVEMENT PROGRAM A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL AND ADOPTION OF THE KENAI BUSINESS IMPROVEMENT PROGRAM FOR THE CITY OF KENAI TO THE KENAI CITY COUNCIL. WHEREAS, in 2013 the City Council requested that the Planning and Zoning Commission review the Soldotna Storefront Improvement Program to possibly create a similar program for the City of Kenai; WHEREAS, the Planning and Zoning Commission held work sessions during 2013 to review the Soldotna program; WHEREAS, on February 26, 2014, the Kenai Planning and Zoning Commission continued their review of the information pertaining to the City of Soldotna's Storefront Improvement Program. The Commission agreed that a similar program would be beneficial to the City of Kenai; WHEREAS, on March 26, 2014, the Planning and Zoning Commission discussed changes and additions to the program guidelines and application format and agreed to develop a business improvement program to be known as the Kenai Business Improvement Program (KBIP); and WHEREAS, on April 9, 2014, the Kenai Planning and Zoning Commission reviewed and approved the final draft of the Kenai Business Improvement Program guidelines and recommends to the Kenai City Council approval of the Kenai Business Improvement Program. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council adopt the Kenai Business Improvement Program guidelines and application attached hereto. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THE 14TH DAY OF MAY, 2014. CHAIRPE ATTEST: Page 117 of 233 Page 11 KBIP PROGRAM GUIDELINES - 2014 PURPOSE The purpose of the Kenai Business Improvement Program (KBIP) is to revitalize Kenai s commercial corridors by stimulating additional private investment in our local economy. By partnering with local business owners and lessees to share the cost of beautifying the exterior of a business, the program aims to boost traffic, increase property values, and improve the overall look and vitality of our city's commercial core. The program is being established to meet several goals: - Promoting development of our "downtown area" to attract both visitors and residents; - Encouraging redevelopment of key commercial areas, particularly businesses with street fronts in the commercial zone districts. The commercial zone districts include Townsite Historic, Central Commercial, Limited Commercial, General Commercial and the Central Mixed Use. - Ensuring a healthy economy by supporting a diversity of local businesses; and - Improving the streetscape along the Kenai Spur Highway. GENERAL INFORMATION The KBIP is a reimbursement grant, which can be used for exterior improvements to businesses in the City of Kenai. The amount available for each property is 50% of the cost of eligible improvements, up to a maximum of $5,000. Matching grants are paid upon completion of pre - approved, applicant -paid work. Under no circumstance will grant funds be disbursed for work completed before a Commitment Letter is provided. The amount of funding available for the 2014 program is $15,000; therefore, the City anticipates funding anywhere from three to five projects. Funds are limited, and grants are reviewed on a rolling basis. Applicants interested in participating in this year's program are encouraged to contact the City Planner, the program administrator, as soon as possible to begin the process. ELIGIBILITY Eligible work: Rehabilitation of building facades visible to the street, including: storefronts; signs and graphics; windows; exterior lighting; canopies and awnings; painting and masonry work; landscaping; and accessibility improvements. Ineligible work: Funds may not be used for improvements that are not permanent, mounted to the building, sidewalk, or parking lot. In addition, the following items are ineligible for funding: roofs; structural foundations; security systems; interior window coverings; vinyl awnings; personal property and equipment; sidewalks and paving (unless removing paving to install permanent landscaping). In addition, funds may not be used for structures which are non - conforming to current ordinances (for example a sign which exceeds the allowable height or area), unless the funds are used to bring the structure into conformance. Eligible participants include property owners and business lessees (with written authorization of the property owner), located in the following zone districts: Townsite Historic, Central Commercial, General Commercial, Limited Commercial and Central Mixed Use. Please contact the Planning Department to determine if your property is eligible. April 10, 2014 Page 118 of 233 Page 12 Ineligible participants: - Properties primarily in residential use (ex. apartments or condominiums); - Structures not facing or visible from the right -of -way; - Government offices and agencies (non - governmental tenants are eligible); - New construction, less than 5 years old. APPLICATION AND SELECTION The first step is to submit an application form to the Planning Department. The form requires a short project description and rough cost estimate of the work you plan to do. The City will select projects that will provide the greatest public benefit to the community, as determined by a selection committee. The City of Kenai reserves the right to prioritize projects and reject applications. To select and prioritize projects, the selection committee may consider any of the following factors: - Creative value of the project; - Current condition of the building/fagade; - Code compliance issues; - Feasibility of implementing applicant's goals within the specified budget and timeframe; - Visibility of the proposed improvements. The program administrator will notify you whether your project was selected for funding. If selected, you will solicit contractor bids, and sign a 'Letter of Commitment,' as noted below. BIDDING The City of Kenai requires that you get one bid for each type of work you are doing. All contractors must be licensed by the State of Alaska, and all construction contracts will be between the applicant and contractor. Owner labor will not be reimbursed under the program. LETTER OF COMMITMENT The next step is to submit all contractor bids to the City for final review. The contractor bids will be considered by the City in determining the final funding amount for the project. The City will then draft up a 'Commitment Letter,' which will outline additional terms and conditions of the matching grant, and will serve as the legal commitment of both parties as to the scope and quality of work, and the amount of funds committed. The Commitment letter will also set a deadline for the project to be completed by, as agreed to by the applicant and City. BUILD IT After the Commitment Letter is signed by the City and applicant, proceed with construction of your project. Please retain all invoices and material receipts during the project, as you will need these later when you request reimbursement. Please also remember that only those improvements outlined in the Commitment Letter are eligible for reimbursement, so it will be t r April 10, 2014 Page 119 of 233 Page 13 your responsibility to keep sufficient records, if needed, to separate out work which you may have completed at the same time, but which was not connected to the grant. REIMBURSEMENT OF FUNDS Prior to reimbursement of funds, City staff will review all completed work for compliance with the Commitment Letter. The City will verify receipts and invoices, and will issue a reimbursement check to the owner for the amount indicated in the agreement, or 50% of the actual project cost (if less than the amount indicated in the agreement). The City of Kenai has the authority to determine eligibility of proposed work and confirmation of completed work. Certain work may be required or precluded as a condition of funding. Participants will be responsible for obtaining necessary regulatory approvals, including those of the Planning and Zoning or Building Departments when applicable. All work must comply with city, state, and federal regulations. GENERAL CONDITIONS The following general conditions apply to all projects: - Improvements funded by the grant shall be maintained in good order for a period of at least five (5) years; graffiti and vandalism will be dutifully repaired by the applicant during this time period. - Borough property and sales tax must be current, and participants shall have no debts in arrears to the City when the Commitment Letter is issued. - Eligible properties qualify for a maximum of $5,000. You may apply more than once as long as the building doesn't exceed the maximum grant amount in a 5 -year period. If a property is sold and the new owner wishes to apply for the grant, the five -year time frame still applies. The five -year time frame begins at the date the improvements are completed. The applicant must complete, sign and submit a W -9 in order for disbursement of funds. TAX INFORMATION You are urged to consult your tax advisor concerning the taxability of grants. The City of Ke n a i is not responsible for any taxes that may be imposed as a result of your receipt of this grant payment (directly or indirectly). Grants may be reported on IRS Form 1099. The City requires that you complete and return a Form W -9 (Request for Taxpayer ID Number and Certification) prior to being reimbursed. For more information, please contact: The City Planner at (907) 283 -8235 The City of Kenai reserves the right to make minor exceptions to the program guidelines. Application forms are available at the City Hall or at http://www.ci.Kenai.ak.us/storefront.htmi, ?ll M( li. +l n,.c it "'(1 ii I'. G�, 4�iT April 10, 2014 Page 120 of 233 Applicant Information Applicant Name: Mailing Address: Phone Number: Email: KENAI BUSINESS IMPROVEMENT PROGRAM 2014 APPLICATION Please return completed application to the Planning Department Name of business to be improved: Address of property to be improved: Property Owner Name: Mailing Address: Phone Number: Email: City of Kenai 210 Fidalgo Ave. Ke na i, AK 99611 907.283.8235 www.ci.kenai -ak.us Business Improvements Describe the improvements you plan to make to your business, and why you are seeking City funds for the project: Are you planning additional improvements to the property, which you will not seek reimbursement for through this grant? If so, please describe the total scope of work. Estimated cost of the business $ improvements: Estimated cost of other work (if applicable): $ Total $ Projected start date: Estimated completion date: 1, 4/10/2014 Page 121 of 233 Checklist. Please attach the following: • Photos of your building, clearly showing all areas that will be improved. • An illustration of the work you would like to do. Any of the following are acceptable: • A hand drawn sketch of the front of your building (does not have to be to scale) • A printed -out digital picture with written notes • A photo with notes attached • An architect's rendering • Any other attachments you feel would help describe your project goals. Certification by Applicant. I certify: 1. All information in this application, and all information furnished in support of this application, is given for the purpose of obtaining up to a 50% reimbursement grant for improvements to the exterior of a business and is true and complete to the best of my knowledge and belief. 2. The business and property owner(s) are current with all City obligations, including taxes, licenses, water revenue billings, etc. 3. 1 have read and will comply with the requirements outlined in the Business Improvement Program Guidelines. 4. 1 understand that the City of Kenai must approve the proposed exterior improvements in order to be eligible for grant reimbursement funding. Certain changes or modifications may be required prior to final approval. A Commitment of Funds Letter will not be processed prior to the City's receipt and approval of necessary bids for the approved work. Any work commenced prior to a Commitment Letter being issued will not be eligible for reimbursement, and any work deviating from the approved work must be pre- approved by the City in order for the work to be eligible for reimbursement. Applicant Signature Print Name Date Property Owner Signature Print Name Date (if other than Applicant) Please return your completed application to the Planning Department 4/10/2014 City of Kenai Planning Department Phone: 907- 283 -8235 Email: fkrizmanich @ ci.kenai.ak.us Page 122 of 233 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PRESCRIBING THE OFFICIALS BOND AMOUNT FOR THE CITY ADMINISTRATOR AND FINANCE DIRECTOR PURSUANT TO SECTION 4.3 OF THE KENAI MUNICIPAL CHARTER. WHEREAS, the Kenai City Council, pursuant to Section 4.3 of the Kenai Municipal Charter, may prescribe the form and amount of an Official Bond for the City Administrator, Finance Director, City Treasurer, and such other officers and employee as the Council may designate; and, WHEREAS, the City's general liability insurance policy contains coverage for employee dishonesty in the amount of $250,000 for all employees except those who are required by law to be bonded; and, WHEREAS, the bonding requirements of Section 4.3 of the Kenai Municipal Charter exclude the City Administrator and Finance Director from employee dishonesty coverage under the City's general liability coverage; and, WHEREAS, prescribing the bonding requirement for the City Administrator and Finance Director at $250,000 each will be consistent with coverage for all other City employees; and, WHEREAS, the total estimated cost for $250,000 in bonding for the City Administrator and Finance Director is $1,960.00 annually and the administration has identified available funding within the Legislative Department's budget. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Council of the City of Kenai prescribes the bonding amount to be $250,000 for each the City Administrator and Finance Director. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: -7-1 ZZ_ Page 123 of 233 "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 / To: Rick Koch, City Manager J From: Terry Eubank, Finance Director ` Date: June 25, 2014 Re: Resolution 2014 -52 Prescribing the Officials Bond amount for the City Manager and City Finance Director. The purpose of this memo is provide information and options for compliance with Section 4 -3 of the Kenai City Charter, Officials Bonds. Section 4 -3 of the Kenai City Charter reads as follows, The City Administrator, the Finance Director, the City Treasurer, and such other officers and employees as the Council may designate, before entering upon their duties, shall be bonded by individual and /or group bonds, for the faithful performance of their respective duties, payable to the City, in such form and in such amounts as the Council may prescribe, with a surety company authorized to operate within the State. The City shall pay the premiums on such bonds. (Amended by Proposition 1, October 5, 1976.) The City's general liability insurance policy through Alaska Public Entity Insurance provides employee dishonesty coverage in the amount of $250,000 per employee but the policy excludes anyone who is required to be bonded by law. Policy provisions combined with the requirements of Section 4 -3 of the City's Charter exclude coverage for the City Manager and Finance Director for employee dishonesty. The City may purchase bonding for the City Manager and Finance Director to satisfy the requirements of the City's Charter. The following bonding quotes have been provided by the City's insurance broker: Cost Per Bonding Limit Employee $50,000 per employee $190.00 per year $250,000 per employee $980.00 per year $500,000 per employee $1,940.00 per year Bonding limits in excess of $500,000 may be available but not through the City's current broker. Purchasing bonds with a $250,000 limit will provide the same level of coverage for the City Manager and Finance Director as is provided to all other City employees. Page 124 of 233 CITY OF KENAI Suggested by: Administration NO. 2014 -53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $112,178 TO NELSON ENGINEERING, P.C., FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE CONSTRUCTION OF SOUTH BEACH ACCESS ROAD. WHEREAS, the State of Alaska, the City of Kenai, and affected private property owners recognize the need for improved access to the south beach and mouth of the Kenai River, especially during the period of the Personal Use Fishery; and, WHEREAS the State of Alaska included an appropriation of $1.9 million for the design and construction of a new access road to the south beach and mouth of the Kenai River in the State Fiscal Year 2015 (SFY15) capital budget,; and, WHEREAS, the construction of a new access road will alleviate congestion, disruption of the use of private properties, and trespass ; and, WHEREAS, it is necessary to accomplish design and permitting as soon as possible in order to begin construction during the 2014 construction season and complete construction in 2015 in advance of the 2015 Personal Use Fishery; and, WHEREAS, the construction of a new access road may result in the vacation of an existing easement through a residential area; and, WHEREAS, the construction of a new access road will enhance City management of Personal Use Fishery access across and on City properties. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to enter into a professional services agreement with Nelson Engineering, P.C. for design and construction administration for the construction of South Beach Access Road. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Page 125 of 233 flk'ilaye wA a Past, n'� wA a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 tM Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 111111 1992 MEMO: h TO: City Council 1� FROM: Rick Koch 9 DATE: July 10, 2014 SUBJECT: Resolution 2014 -53, Award of a Professional Services Agreement to Nelson Engineering, P.C. for Design and Construction Administration for the Construction of South Beach Access Road The purpose of this correspondence is to recommend Council adoption of the above referenced ordinance. Time is of the essence in accomplishing a design, and beginning construction of a new access road to the South Beach and mouth of the Kenai River. The Alaska State legislature included a $1.9 million appropriation in the SFY15 capital budget for the purposes of enhancing access and alleviating alleged private property trespass along the South Beach. Thank you for your attention in this matter. If you have any questions, please contact me at Your convenience. Page 126 of 233 L9NELSON 1505NBIDARKA STREET IERS ENGINEERING (907) 283 -3583 May 30, 2014 Sean Wedemeyer, Public Works Director City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 STRUCTURAL CIVIL ENVIRONMENTAL KENAI, ALASKA 99611 FAX (907) 283 -4514 RE: Revision to South Beach Access Road Design Engineering and Construction Inspection Proposal Dear Mr. Wedemeyer, My proposal submitted on May 7 anticipated that the South Beach Access Road would follow the ridge along the edge of upland areas in order to avoid wetlands to the extent possible. Kenai Peninsula Borough GIS maps indicate that most of the route along the top of the ridge would be considered uplands and that only short section, approximately 100 feet long at the west end that is wetlands. It was assumed that this route could be designed to impact less than'' /: acre and that the project could be permitted under a Corps of Engineers Nationwide permit for linear transportation projects. If more than 1/2 acre is filled, then an Individual Permit would be required As a result of our onsite meeting it appears that the City would like to investigate the feasibility of routing the road along the toe of the slope, north of the ridge instead of along the top of the ridge as I had assumed. The land north of the ridge is lower and may or may not be wetlands. We will need to have a Wetland Delineation to determine the status of the land. If the preferred route impacts more than % acre of wetlands, it will be necessary to obtain an Individual Permit for the road. My original proposal included Solstice Alaska Consulting on our team to apply for either a Nationwide or an Individual Permit, however we did not anticipate the need to provide a wetland delineation on the higher area south of the ridge. I would like to add ABR Consulting to our team to provide Wetland Delineation and increase the proposed Not to Exceed fee to include the cost of the Wetland Delineation in order to evaluate the route along the toe of the ridge. ABR provided the wetland delineation for the Kenai Industrial Park Subdivision project. If an individual permit is required for the project, it is my understanding that 99% of Individual Permit applications are approved by the Corps. Applications for an Individual Permit are evaluated by the Corps with the following priorities: ➢ Avoiding Wetland impact. (Routing the project around wetlands altogether.) Minimizing Wetland Impact. (Finding the route with the smallest wetland footprint.) ➢ Mitigating Wetland Impact. (Providing wetland restoration, purchasing wetland land bank credits.) In pursuing an Individual Permit, multiple alternatives are typically presented to the Corps for evaluation. In the specific case for the South Beach Access road, multiple routes could be evaluated in order to achieve the goal for avoiding and minimizing wetland impacts. Both the 'top of bluff and 'toe of bluff routes cross private property along the westerly portion of the project. If land acquisition costs are expected to be significant, it might be feasible to evaluate alternatives which also minimize or avoid the necessity to acquire land by placing the road on City Owned property. In evaluating alternatives, it is acceptable to favor constructing a project on land owned by the applicant versus purchasing other land to construct the project. In consideration of the above, I propose to add the wetland delineation and to consider these four alternative routes (or other routes if the City prefer's) as shown in the attached sketch: Page 127 of 233 South Beach Access Road May 30, 2014 Page 2 of 2 Red: Too of Bl� Wetlands: Most of it is on the upland ridge and only crosses wetlands near the west end. Permit Type: Most likely covered under Nationwide Permit. Land Acquisition: The first half is on City property and the west half crosses private property. yellow: Toe of Bluff . Wetlands: Below ridge, appears to be wetlands per GIS, but part of it MIGHT be uplands. Permit Type: Nationwide or IP, depending on Delineation. Land Acquisition: The first half is on City property and the west half crosses private property. Blue: Minimal private property Imoact Wetlands: Appears to be wetlands per GIS. Permit Type: Individual Permit probably required. Land Acquisition: All most all on City-owned property. Just a sliver across private property. Green: All City Owned property. Wetlands: Appears to be wetlands per GIS. Permit Type: Individual Permit probably. Land Acquisition: All on City-owned property. I would like to revise my proposal to add the cost of the wetland delineation as follows: Fee I propose to perform the engineering services for the design and inspection for a not to exceed fee as follows: Phase 1: Field Work (design survey /geotech /permitting) No change. Wetland Delineation: Add: Phase 2: Design: Phase 3- Construction: Total A copy of the proposal from ABR is attached. Sincerely, �� Bill Nelson Page 128 of 233 No change No change $ 18,190 $11,146 $ 29,336. >>>$ 29,336 $ 41,364 $41,478 $112,178 Page 129 of 233 KENAI BEACH ACCESS WETLAND DETERMINATION, KENAI ALASKA Prepared for Nelson Engineering PC 155 Bidarka Street Kenai, Alaska 99611 by ABR, Inc. —Environmental Research & Services P.O. Box 240268, Anchorage, AK 99524 May 2014 ABR, Inc. — Environmental Research & Services was requested by Bill Nelson Engineering to perform a wetland determination for the proposed South Beach access road in Kenai, Alaska. The 4 proposed alternative routes to the beach cross an approximately 23 acre parcel of land west of Bowpicker Lane on the south shore of the Kenai River outlet. The area has been previously mapped as tidal wetlands (Kenai Watershed Forum) at a scale of 1:18,000. A detailed delineation is required to provide better resolution on possible wetland /upland boundaries at the south end of the parcel and provide specific field data for the tidal wetlands on most of the property. The information will be used to support the preparation of a Preliminary Jurisdictional Determination (PJD) if a Section 404 wetlands permit is required. METHODS DATA REVIEW To assist the wetlands assessment, we will review existing wetlands information for the area, including wetland maps produced by the Kenai Watershed Forum, U.S. Fish and Wildlife Service's National Wetlands Inventory (NWI), and any soil surveys or other wetlands assessments that have been conducted in the area. WETLANDS CLASSIFICATION AND MAPPING High resolution, recent, digital ortho- imagery is available for the 23 acre parcel in question. Using the imagery as a background, we will digitize wetland and upland boundaries on the computer screen using ArcGIS 10.0 software. Color signatures, plant canopy, surface relief, and hydrological indicators such as drainage patterns and surface -water connections shall be used to aid the mapping effort. Wetland types shall be presented in standard NWI map annotation using Wetland and Deepwater Habitats of the United States (Cowardin et al. 1979) classification system. Page 130 of 233 FIELD SURVEY A field survey will be conducted to verify the wetland and vegetation boundaries delineated in previous mapping. Each field sample location shall be noted on field photographs and latitude - longitude coordinates recorded using a Mobile GIS hand -held GPS unit. Wetland field determinations shall be performed using standard methodology focusing on specific vegetative, pedologic, and hydrologic characteristics, outlined in the in the approach described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Alaska Region Version 2.0 ( USACE 2007). Site and soil pit photographs will be taken at each plot location. The survey shall include a sufficient number of sampling plots to represent all wetland types in the study area. FINAL MAPPING Final maps delineating classified wetland types and upland boundaries will be produced based on the results of the field verification. All maps will be referenced to the aerial photography obtained from the Kenai Peninsula Borough at a scale suitable for inclusion in a standard size (8.5 x 11) report. Wetland types shall be labeled according to standard NW] map annotation; a tabular key to these types shall be provided with the map. SCHEDULE AND DELIVERABLES June through August 2014 — Field work will be conducted by two ABR wetland biologists based in Anchorage in one day. Field work schedule will be determined pending scope review by the City of Kenai and ABR availability. 1 month after completion of field work — The Wetlands report includes a project summary with wetland descriptions, calculation of wetland acreages within the project area, field data forms and accompanying photographs and a hard copy wetland map. Digital files can be provided on request. Every effort will be made to provide the report as quickly as possible. BUDGET The budget estimate provided below includes time for a I day field assessment and accompanying report. We have included time for responses to minor comments to the draft report but further assistance in the Section 404 permit process is not included. Standard USACE procedures for field surveys and identifying wetlands will be employed as detailed in this scope. Existing mapped boundaries produced by the Kenai Watershed Forum may or may not change. Estimated Budget = $10,133 ABR, Inc. Page 131 of 233 Short Title SOW [dal J Month 2011 'South Beach Access Road Nelson Engineering, PC - Proposal Revised May 30 24 01 Task Principal PE EIT Cadd lInspectol Expense Descri tion Rate /hr $170 $144 $116 $105 $95 Phasel Field,WOrk $29 336 Field Survey 2 8 $4,500 Whitford Geotechnical Investigation 2 16 $2,500 Kee Const Permit Applications $5,460 Solstice Permit Research 2 Section 101404 Permit App 2 Followup coordination -COE 2 Wetlands Delineation $10,133 ABR 10 0 24 0 0 $22,593 Phase 2 Design $41,364 Tible Sheet /Control /Abbrev 2 8 Plan /Profile 24 40 Detail 3 Lane 8 24 Detail Beach Turn/Booths- 8 24 Details 1 24 Specs /Bid Schedule /Qty's 16 24 Cost Estimate 8 16 Electrical Engineering /Coord 8 Site Plan, Power Oneline $9,140 EDC Power and lighting plan Electrical details 75 0 160 0 1 0 $9,140 Phase 3 Construction $41,478 Admin 8 Submittals /DCR's 8 8 Inspection 40 240 Testing (Compaction) $2,500 Lab Mileage $400 56 0 248 0 j 0 $2,900 Total ex enses $34633 Total: Total Fee + Expenses $1127178 Page 132 of 233 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE USE OF THE EQUIPMENT REPLACEMENT FUND TO PURCHASE AN ATTACHMENT FOR THE NEW VOLVO L110 LOADER AND AUTHORIZING AN INCREASE IN THE LOADER'S PURCHASE CONTRACT FOR THE PURCHASE OF THE ATTACHMENT. WHEREAS, Resolution 2014 -19 authorized the purchase of a new Volvo L110 Loader and attachments utilizing the City's Equipment Replacement Fund; and, WHEREAS, during the FY2015 Budget process the department identified an additional attachment, a rotary broom, which was removed from the operating budget with a recommendation to purchase utilizing the City's Equipment Replacement Fund; and, WHEREAS, purchase of the rotary broom attachment will be accomplished by increasing the original purchase order to Construction Machinery Industrial, LLC in the approximate amount of $31,000; and, WHEREAS, the additional of the rotary broom attachment will expand the new loaders utility and the departments efficiency for snow removal and street sweeping. 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 rotary broom attachment for the new Volvo L110 Loader from Construction Machinery Industrial, LLC for the approximate cost of $31,000. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance:�� Page 133 of 233 "Villaye with a Past, C# with a Future'/ 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 �IIIIt 1991 KE ALAILA KA MEMORANDUM KENA� SKA TO: Rick Koch, City Manager " \ FROM: Sean Wedemeyer, Public Works Director SM Lt.) DATE: July 8, 2014 SUBJECT: Authorizing the purchase of an attachment for the new Volvo L110 Rick, This memo is in support of a resolution authorizing the purchase of an attachment for the new Volvo L110. This rotary broom will allow for much more efficient sweeping and snow removal, particularly in parking lots. I recommend passage of this resolution. Thank you for your attention to this matter. Page 134 of 233 '; - Suggested by: Administration the c[[yof CITY OF KENAI RESOLUTION NO. 201455 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7.15.060 AND 7.15.070. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction, competitive sealed bid or an internet sale process; and, WHEREAS, a competitive sealed bid auction or internet sale process are reasonable and acceptable means of disposal of surplus and obsolete City property. WHEREAS, Kenai Municipal Code 7.15.070 allows the sale of surplus or obsolete equipment, supplies and materials without giving an opportunity for competitive bidding; and, WHEREAS, a non - competitive sale of surplus or obsolete supplies, materials, equipment, or other property, the value of which does not exceed one thousand dollars ($1,000.00) in a single transaction is a reasonable and acceptable means of disposal of surplus and obsolete city property; and, WHEREAS, the City will establish an acceptable sale price for the surplus supplies, materials, and equipment and offer those items for purchase at an advertised surplus sale to be held at the City Shop Yard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment A be declared surplus or obsolete, and that the items on Attachment A may be sold as provided in KMC 7.15.060 and 7.15.070. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Sixth day of August, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 135 of 233 2014 City of Kenai Auction ITEMS AttachementA Resolution No. 2014 -55 Department Quantity Item Description (items OVER $1,000) Airport (AP05) Oshkosh crash rescue truck. Parks & Rec (PR4) 1993 GMC C25002WD (glass good, engine good, transmission leaks Streets (ST3) 1995 Ford F350 (parts only, vehicle submerged in water) Senior Center (SC07) 2003 Dodge Caravan AWD Police (P32) 2001 Ford Crown Victoria Police (P38) 2000 Ford Crown Victoria Department Quantity Item Description (items UNDER $1,000) Library 1 Radio Shack MPS-31 Am Library 2 Peanutbutter Jelly Kids Computers Library S O ti Iex GX 260 Library 2 Dell Monitors Library 1 Desk TOP Computer Stand Library 1 Wizard Desktop Laminator Library 1 Scan pro Microfilm Reader Library 1 Dimension 4600 Dell Library 1 Epson Receipt Printer Library 3 Dell 0 ti Iex GX 620 Library 1 Dell O ti Iex GX 520 Library 1 Dell 0 ti lex 360 Library 5 MP3 Creative Zen Nano Plus and Car Port Library 1 XBOX 360 Kmect Stand Library 1 Bizhub 600 Copier Library 1 Dell Mobile Computing Station MD K000978 Library 15 Dell Latitude 2100 Laptop Mini Library Vise Vise Maridian Phones Library 1 Toshiba Estudio 520 Copier Police 1 Bissell Vacuum Police 1 Snowboard Police 1 Fishing a ui ment net /life vests /bonker tackle box Police 1 Nikon Cool ix camera Police 1 Rid id screw gun Police 1 Men's watch Police 1 Pioneer am Police 15 Various cell Phones/chargers Police 4 Brother typewriter ribbons Police 2 Metal book ends Police 2 Metal desktop calendar holders Police 1 HP Desk'et 895Cxi color printer Police I Rack mount UPS Tripp Lite Police 8 Various bikes Police 1 HP Scan'et 62000 flatbed scanner Police 1 Blue tote Police 1 New expandable duffle bag Police 1 Peak Coleman hiking ack Police 1 Glacier Ede 3- erson tent Police 1 Red gas can Police 1 Podium Police 2 Bags retro snow suits Police 1 Red Coleman cooler Police 1 White Coleman cooler Police 1 Coleman duel fuel camp stove Police 1 Red Razor scooter Police 9 Dell PC computer towers Animal Control 1 Washer PWA 6 File dividers PWA 1 Metal bookends PWA 1 Honeywell Heater Page 136 of 233 2014 City of Kenai Auction ITEMS Attachement A Resolution No. 2014 -55 PWA 1 Gray Wall File Folder divider PWA 1 Desk Organizers PWA 1 Disk Holder PWA 1 Business Card Holders PWA 1 Fellowes Computer Stand Airport 1 Wood Desk Airport 1 Type Writer Airport 1 D Erase/ Cork Board Airport 1 Phillips TV wl VHS Airport 1 HP Color Printer Airport 1 Large Wood Cabinet w/ shelves Airport 1 HP Office'et 6210 All in one copier Airport 2 Rolodex Airport 1 Dymo label maker Airport 1 wood magazine wall rack Legal 1 Acrylic desk accessory Legal 4 Bindertek Binders -Blue Legal 3 Bindertek Binders -Red Legal 3 Bindertek Binders- yellow Legal 2 Wiretrays Legal 2 Binderteck Storage Ctips Fire 2 Tall clothe lockers Fire 4 4 drawer clothe cabinets Fire 1 Ro ling TV stand Fire 2 VHS players Fire 1 HON 4 drawer filing cabinet Fire 3 Twin bed frames Fire 1 Twin box spring Fire 1 HP LaserJet 2200D Printer Fire 2 Ferno Stair Chairs Fire 2 Ferno Soft Cots City Manager 1 two-part, free-standing office partition. Shop 1 5 Drawer legal size file cabinet Shop 5 Boxes of Mitchell auto repair manuals from the BO's Dock 1 Water softnersystem (Culligan) Streets 1 One unit chain link fence Page 137 of 233 IlViilaye with a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1I II I. 1992 MEMO: TO: Rick Koch, City Manager THRU: Sean Wedemeyer, Public Works Director FROM: Kayla Feltman, Public Works Administrative Assistant DATE: July 30, 2014 SUBJECT: Supporting Resolution No. 2014 -55 Please see attached Resolution No. 2014 -55 with Attachment "A ". These items have reached the end of their useful life and are no longer needed by the departments listed. The memo and resolution is to recommend Council to approve Administration's request to dispose of these items. If Council passes Resolution No. 2014 -55, Administration will dispose these items with a non competitive Surplus Item Sale, Competitive Sealed Bid, or an internet sale process per KMC 7.15.060 Sales, surplus, competitive bidding and 7.15.070 Sales, when competitive bidding not required. Page 138 of 233 KENAI CITY COUNCIL — REGULAR MEETING JULY 16, 2014 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on July 16, 2014, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present Mayor Pat Porter Robert Molloy Mike Boyle Terry Bookey (telephonic) A quorum was present. Also in attendance were Rich Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval Mayor Porter noted the following material was provided as a lay -down for inclusion in the packet: D.2 Ordinance No. 2781 -2014 Memorandum MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. Page 139 of 233 MOTION TO AMEND: Council Member Molloy MOVED to amend the agenda by moving Resolution No. 2014- 50 as D.1, Ordinance No. 2780 -2014 as D.2, and the executive session as D.3 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE ON MAIN: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, there being no one wishing to speak, public comment was closed. VOTE: There being no objections, SO ORDERED. *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. B. SCHEDULED PUBLIC COMMENTS — None. C. UNSCHEDULED PUBLIC COMMENTS Courtney Stroh, Kenai resident thanked Council for their support of Roc the Kenai and during her tenure as the Council Student Representative. D. PUBLIC HEARINGS 1. Resolution No. 2014 -50 — Directing the Continuation of the Project Entitled "VIP Drive Special Assessment District" and Designating what Improvements are to be Included in this Project. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -50 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Page 2 of 5 July 16, 2014 Page 140 of 233 Ordinance No. 2780 -2014 — Amending KMC 12.40.010- Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non- Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2780 -2014 and Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing. The following spoke in favor of the Ordinance: Courtney Stroh, Kenai resident Jenny Olinedorf, Soldotna resident Alley Juicy, Soldotna resident Susan Smalley, Kenai resident The following spoke in opposition of the Ordinance: Steve Mapes, Kenai resident Katie Quinn, Kenai resident. Tamara Mapes, Kenai resident Council Member Boyle noted concerns regarding the reference to plant based materials and Council taking action before the state ballot measure is voted on. Mayor porter spoke in favor of the ordinance. MOTION: Council Member Bookey MOVED to postpone Ordinance No. 2780 -2014 to the August 6th Council meeting and requested UNANIMOUS CONSENT. Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 3. Executive Session — Consultation with Legal Counsel Regarding Litigation Concerning CINGSA's Purchase of Mineral Rights, Easements, and Access to Pore Space, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310(c)(3)]. MOTION: 4. Council Member Molloy MOVED to enter into executive session for consultation with legal counsel regarding litigation concerning CINGSA's purchase of mineral rights, easements, and access to pore space, matters which by law, municipal charter, or ordinance are required to be confidential [AS 44.62.310(c)(3)] ,ty of Kenai Council Meeting Page 3 of 5 July 16, 2014 Page 141 of 233 requesting the attendance of the City Attorney and City Manager and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Council entered into executive session. Upon reconvening in open session, Council Member Molloy advised the Council received information from legal counsel regarding litigation concerning CINGSA's purchase of mineral rights, easements, and access to pore space. MOTION: Council Member Molloy MOVED to approve the settlement and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. Council Member Bookey was excused from the meeting at 7:42 p.m.; a quorum was no longer present. E. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments Jaylene Peterson -Nyren of the Kenaitze Indian Tribe provided an over view of the programs that are offered by the organization in addition to the new wellness center. Bob Peters, Kenai resident stated that he thought that public testimony during a hearing should be after the Council has finished debate, spoke in opposition of creating new rules or laws that would restrict a local business and spoke in favor of vaping. 2. Council Comments Council Member Molloy thanked all for their comments and thanked the City employees for their positive efforts during the dip net fishery. Council Member Boyle echoed Molloy's comments and thanked Mr. Peters for attending the meeting. Mayor Porter thanked the Chief Sandahl for directing traffic during the road construction and noted a documentary was being filmed of dip net fishery. F. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:58 p.m. City of Kenai Council Meeting Page 4 of 5 July 16, 2014 Page 142 of 233 Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk 1s, 2014 Page 143 of 233 [PAGE LEFT BLANK INTENTIONALLY] Page 144 of 233 9 w z z 0 0 a i K a �I 0 U O w o > z Z > Page 145 of 233 z O 0 n 0 N N M sF N Oct Q m ONt (0V M N V co W J a CL c� w 0 U U _J Ql Q J_ M Q _J E Q a F- J a O z Z w O Q O x O of O O of ui > > > > > z O F- a U LL F W J z Z ° N U ZQ 0 a N O U OF J ? W ¢ U uj ? 2 L) F z N W o W a W a w x W W w _U F D _ w x °o :3 a V) w o o° `n m CO O 0 N O Ix W 2 p U U O N W � m W z LU J C5 0 � 0 w w OU (0 U m 0 IL > a a a � _ 9 w z z 0 0 a i K a �I 0 U O w o > z Z > Page 145 of 233 [PAGE LEFT BLANK INTENTIONALLY] Page 146 of 233 u MEMORANDUM "Villaye with a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1997 TO: Gus Sandahl, Chief of Police Christine Cunningham, Lands Manager Terry Eubank, Finance Department Scott Bloom, Legal Department FROM: Sandra Modigh, City Cl IA DATE: July 7, 2014 RE: Application for Restaurant Designation Permit & Transfer of Liquor License The Alcoholic Beverage Control Board has sent notification that the following applicant is seeking a Restaurant Designation Permit and a transfer of Liquor License # 5224: Applicant: Ramon Gonzalez D /B /A: Playa Azul Current Licensee: Francisco Rodriguez Granting of this permit allows access of persons under 21 years of age to designated licensed premises for the purpose of dining, and persons under the age of 20 for employment. Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your department (i.e. water and sewer billings, lease /property payment history, citations, etc.) by the above reference applicant and advise if account(s) and /or payment plan(s) are current or delinquent. Mark the appropriate box below. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts. Please let me know if you have any questions. Thanks. Once you have completed your section, please route to the next department. 1. Police Department �� initials I have reviewed all account(s) for my department and the applicant is current or account(s) do not exist. 2.94 The applicant has delgincipent account(s) and an additional page has been attached. nds Management vrcr' initials I have reviewed all account(s) for my department and the applicant is current or account(s) do not exist The applica t has delinquent accouni(s) and an additional page has been attached. 3. Finance initials p( I have reviewed all account(s) for my department and the applicant is current or account(s) do not exist. OThe applicant has delinquent account(s) and an additional page has been attached. 4. Legal S%/ initials ® I have reviewed all account(s) for my department and the applicant is current or account(s) do not exist. U The applicant has delinquent account(s) and an additional page has been attached. Returned to Clerk's office: —T c) <3 Page 147 of 233 4 KENAI PENINSULA BOROUGH P 144 North Binkley St., Soldotna, Alaska 99669 -7520 1 -800- 478 -4441, Ext. 2160 f 907 - 714 -2160 • Fax 907- 714.2388 A www.kpb.us • assemblyclerk @kpb.us June 18, 2014 Sarah Oates Acting Records & Licensing Supervisor Alcoholic Beverage Control Board 2400 Viking Drive Anchorage, AK 99501 -1768 RE: Transfer Application for Change in Ownership Licensee /Applicant Ramon Gonzalez Business Name Playa Azul License Type Restaurant Eating Place Location City of Kenai License No. 5224 Previous Licensee Francisco Rodriguez Dear Ms. Oates, JOHNI BLANKENSHIP, MMC BOROUGH CLERK The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection, based on unpaid or delinquent taxes, to the transfer of ownership as referenced above. Should you have any questions, please don't hesitate to contact our office. Sincerely, �Bla�kenship�g4_J Borough Clerk JB /klr cc: Applicant City of Kenai KPB Finance Department File Page 148 of 233 THE STATE Department of Commerce, Community, 01ALASKA and Economic Development ALCOHOLIC BEVERAGE CONTROL BOARD GOVERNOR SEAN PARNELL City of Kenai Attn: Sandra Modigh VIA EMAIL: smodigh @ci.kenai.ak.us 2400 Viking Drive Anchorage, Alaska 99501 Main: 907.269.0350 Too: 907.465.5437 Fax: 907.334.2285 Ramon Gonzalez DBA Playa Azul — License #5224 ❑ New Application 0 Transfer of Ownership ❑ Transfer of Location ® Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above listed licenses (see attached application documents) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest' by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(l 1) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330 -44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. Page 149 of 233 AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(8), 3 AAC 304.335(a)(3), AS 04.11.090(e), and 3 AAC 304.660(e) must be approved by the governing body. SHIRLEY A. COTE Director Maxine Andrews Business Registration Examiner Direct line: 907- 269 -0358 Email: maxine.andrews @alaska.gov Page 150 of 233 State of Alaska Alcoholic Beverage Control Board Date of Notice: June 17, 2014 Application Type: _ New x TRANSFER __.K __Ownership Location Name Change Governing Body: City of Kenai Community Councils: n/a License #: 5224 License Type: Restaurant Eating Place D.B.A.: Playa Azul Licensee /Applicant: Ramon Gonzalez Physical Location: 12498 Kenai Spur Hwy. Suite #1 Mail Address: PO Box 1090 Kenai, AK 99611 Telephone #: 907 - 283 -2010 EIN: 92 -0170572 Corp /LLC Agent: Address Phone Date and State of Incorporation Good standing? n/a sole proprietor Please note: the Members /Ojjken /Directors/Shareholders (principals) listed below are the principal members. There maybe additional members that we are not aware of bemuse they are not primary members. We have listed all principal members and those who hold at least 10% shares. Member /Ctricer /Director: DOB Address Phone Title /Shares (%) n/a sole proprietor Transfer from Francisco Rodriguez Same d.b.a and location. Page 151 of 233 Page 2 A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable'. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS O4.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 3 AAC 304.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 3 AAC 304.335(a)(3), AS O4.11.090(e), and 3 AAC 304.660(e) must be approved by the governing body. SHIRLEY A. COTE Director Maxine Andrews Business Registration Examiner Direct line: 907 -269 -0358 Email: maxine.andrews @alaska.gov Page 152 of 233 06/05/2014 3i0GPM FAX 9077456331 DALRYMPLE LAN - IR0004 /0006 Altohgac Beverage control Boand Transfer Liquor License 907 1649330 2409 Piling Drive Fow.. (9 7) 3142265 AJ.Ea 0. AK 99501 hnv�f camro ..ce.alaek>_gnWmddrrnloroe.a6Px License is: J3 Foli Year OR O Seasonal List Dates of Operation: Transfer Application Page I of 1 Rev 01/03/14 Page 153 of 233 FEES SECTION A - LICENSE INFORMATION Licence Year. �I� Litense Type: (N I J Swde Refvtaa Fling fst: $100.00 S �: r-ClM 1 �P' IQC P Sa. Od.11.1D1i Rea Deaib Pemdt Licrosc R; Cu., LoW Gm[miv,,body: (C:iry�nwnugA nr I/mwgmia Comn+uiity Coral Neae(s) d Meilm6 �dre++, Fn: (JSYNI f Jrd •O C +y P Ker/ac F wcrprint 3 1 Os, D Kev'..t i akougl, Y)h I",.d9Prpa.rd None of Applicant ( CmpA .1.rJLP/LLP/IndividudTanw$Wp): TOTAL Doing Bmmnt As (Bucmerc Ntmc): Bmmms Tdcpbonc Nuaba. go�-a83 -ao1D ,//�� 90,men GonzQlf'L 101"x- AzuI P ""'°nbcr rlW Meiling Address: Sutel Address or Location of Prtmius: Email Add" PD 13ox JQCJQ WiR% Ke„aa Spine HwY 54..x- IN ! VITA a }D38Q City, stne, Zip: )Ccv,ci. CLk ckcli 6 I e,.cu We 0A lb k 1 5 ,••4ti I . �o.r. Is alY shaeholdu rclarc0 N41c wrrtap owsntt7 Dycs —44* If "yes" please tuns the telivioralup SECTION M - TRANSFER INFORMATION Name and Mailing Address of CURRENT Limnaec Regular TranRr R %` i Cl Transfer wilh meuriry mtetog Any insMica mo:necd soda AS /"'R4 n Q 5 CO O r( e 2 04.11.679 fm pwpoaca of apptying AS 0/.11360(4)(A) in a tiduci Bminm Nane (dba) BEFORE tnmfcr invohme y trm.fr, met be filed wile psis Applica ien. Real a penmal Az pmperiy wnyeyw with this Umder must be doaibed. I mide Kmi* intaest doeamcnb. Shee{tsAdd`rws inr/Lim bon RRtaleR&.nAcr. ❑ Involtmlay Tnicafm Awdi do®nmd whirs cvid .drfw•dl undn let /9(f /CCU :!�uR H.Jy/ 3ru'IC 1 AS 04.11 670 PXf �° 9 ( —6t SECTION C- PREMISES TO BE LICENSED Diannct w coo" sdwol gmwds, DinJna n+raswiM under. ❑ Pnem;a• u ORFJsTfll mp0 50 miles bom Uw boudoirs of an } ®'AS Oa.l l 41 D OR n}oorymatctl city, borough, or wifxd municipality dU1 _ ❑ Lncid wdirwict No Oiflv�nrwra.nre/rmde+: OR ID'Premim a Net 50 milts 4osn Ri bmough,oruoiRedmumegality. "lmappleablc bounduics of m inwepmled city, Diyk n alarm elwrrs'. 309'5 R L3�i507.11.410 ❑ l.ocol mdinnce No D Plod submued to Fine MaNsrii (mgviwd for new d pmpoded buldiaps) Memirm in be u PMag wo of pnmiscs t had D Pytpomd buddoc ng facility D New buil&4 Transfer Application Page I of 1 Rev 01/03/14 Page 153 of 233 SECTION D — LICENSEE INFORMATION 1. Does any individual, corporate aMcer, director, limited liability mganimtim member, rnaoeger or partner named in this application have any direct or indirect iutcam in any other alcoholic beverage busiom licensed In Alaska or any other stale? M Yes (No if Yes, campkete die following. Attach additional sheets if accassary. Name Name of gusioas Type of License Businaa Street Addren State �lez aG A L: 4 eta, Lau a lar a- a6`- Qes }era. arr+t 2. tiers any individual, corporate offiecr. director, limited liability orgimimion meobcr, manager or partner named in thic application been convicted of a felony, a violation of AS Oil, w been convicted as a limsee or manager of licenxd premises in another state of the Ileum laws of that stele? ❑ Yd No If Yea, attach Mimi cavlamatim SECTION E — OWNERSHIP INFORMATION - CORPORATION Corporations, LLCM, LLPs mod LPs must /x regWered wick s*e Dept. of Community end Economic Development. Nmnc of Entry (CorporwiowU CAIPAP) (w WA if ao lndividiml ownership) Telophum Number. rae Numbs. 'N ) pa>me CorMeilula Addetu: City: Sate Zip Crack Name, Meamg Mira, wd'I cicphom Numb" of Rcrimred Agent rate of IeVIDMO tdion OR Star of incorporation C"fiation wide D ®. Is the Eetity N "Good Standing" with de Alaska Di ieim cf Cmporalia ? ❑ Yes Q No ff no, siwtlt written csplanewn. vow "lily aaerf be in Ibmplimce with Tide to of the Alaska Smmtcs m be a valid latoor licensee. End Members D4wtbclu& hes Srresey, Tremttra Vicefrtsidea Mat mW Shadwldm/Menb"withrtctm SO% Name Title % Home Addros & TelWm:a Mumbo Work Telephone Nwnbo Date orl iM Transfer Application Page 154 of 233 06/05/2014 3:07PM FAX 9077456331 DALRYMPLE LAII 20006/0006 Aloohptic Devetagc Csnaol eowd Transfer Liquor License (907) 269 -03SO 2400 Viking Drive Fax: (907) 334 -2285 Anchorage, AK 99501 Mip9 /c mnunc.alavlu.gov /dan/*dHomc.ops NOTE: It sot need addidond sttett, ones snatch a separate sheaf SECTION F - OWNERSHIP IN FORMATION -SOLE PROPRIETORSHIP (INDIV W UAL OWNER A SPOUSE) Individual LimpandAffiliatea The ABC Board ddures on-Affifieft"astbe or si 'Cato odor of Itceoxc. Each Affiliate must be lided Name: QAmon G"7_&L:e,Z Appli an Nap: l,1 istna_ Gana. ea Applic n Address: PO L%, It29 °�1+bt1 Affiliate ❑ Address: PO13a11 1090 Affiliate 0' Kev+a,� I � Y )Gems. t 99 W1 Notary P( 61wiefo the So of Al Date ofBidh: TKcofBwh Home Phone: Home Phone: Work Phone: 93e-qt13 -7f Lo $- 3)-1410 Work Pbonc:970 -H4D TOLj S- 7Y-fA�Z Namc: Applicant ❑ Nome: Applicant ❑ Address: Affiliau ❑ Addrna: Affiliate ❑ Home Phone: Home Phone: Date of Bildn: Date of Bin' LWork Phone: Work Pho>w: • 1 declare under penalty of perjury that I have examined this Application, including the accompanying schedules and statements, and m the best of my knowledge and belief it is Wc, mnea and complete, and this application is not in violatim of my security interest at other contracted obligadore. • 1 hereby artily that dare have been no changes in ufficcrs or stockholders Quit have not been reported W the Alcoholic Beverage Control Board. -1 he undersigned certifies on beLalf of the organized entity, it is understood a a[ a mdsreptctentxion of fact is cause for rejection of this application or revocation of any license issued • I further u ruty that I have read and am famfiv with Tide 4 of the Alaska smtum and its regulations, and that in accurdnncc with AS 04.11.450, no person adrer than the licensee(s) has any direct or indirect financial interest in the IimWOd business. • I egret to provide all inf gat suon required by the Alcoholic Beverage Control Iloard in Support of ttds application. FPdYlCiSr» �JeG/1 Re-Imnn 5idn Si nsitm, 94 cumat Awes SWeatun of Trigg fereets) Signatum - Sitps _ - $igrtrinac signature Name k riot (Memt Prim) A life Heart trio, PISIL Subsuibed and sworn to before me this of Sabscrnkd ud atom In be me Itdr der of L � ruhlic in and or 26 of Al owy Notary P( 61wiefo the So of Al M wmmissicnu ims: ycommissivn pbcs: p� ,✓a -VA" Notary Public CHRISTINA HATHAWAY State of Alaska My COmmleslon Expires May 1, 2018 ,do 4,0 RY Notary Public CHRISTINA HATHAWAY State of Alaska My Commission Fxpirw May 1, 2018 Transfer Application Page 3 of 3 P,e,.otmvu Page 155 of 233 STATE OF ALASKAA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT AS 04.16.049 6 3 AAC 304.715 - 794 The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining, and persons between the ages of 16 – 20 for employment. If for employment, please indicate in detail what the employment duties will be in question #3. License Number: _ ZZ Type; c7�ic rwn 1 4 q yolkGIf This application is for designation of premises where: (Please check the appropriate items below) 1. X 2. 3. 4. Licensee's Name: Bona fide restaurant pursuant to 3 AAC 304.305 8 3 AAC 304.715 -794. Persons 16 – 20 years of age may dine unaccompanied. Persons under 16 may dine accompanied by a person 21 years of age or older. Persons between 16 – 20 years of age may be employed. '(See note below) Name of Business: Business Address: 1. Hours of operation __Lj Al to . Telephone Number City: t�wa I : qQ7 4BS -2-010 2. Have police been called to your premises for any reason? [ )Yes '�j No (If you answered yes, please explain below). 3. 'Duties of employment: () T-CA � tea (' �)_� b 1 ��, –{–tJ6 (a 1, 4. Are video games available to the public on your premises? [ ] Yes] No 5. Do you provide live entertainment, such as live music, pool tables, karaoke, dancing, sports or pin -ball? [ IYes -[-4 No 6. How is food serve,371+4 Table Service [ J Buffett Service '-r,4 counter Service (] Other 7. Is an owner, manager or supervisor 21 years of age or older always present during business hours? -'H Yes [ j No *" A MENU AND DETAILED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATION '•• *Employees 16 and 17 years of age must have a valid work permit and a letter maintained in your files from a parent or guardian authorizing employment at your establishment. **Please attach additional sheets of paper if more space is needed to describe food service, entertainment, etc. Z Lice see Signature ` / '''777' Local Governing Body Approval Subscribed a_nd sworn tit before me is— ,J day of,N'l�)(Y ��_ Date My Commission expires; 1 U/ _ C� t�� OrFIG�i s t 1 Director, ABC Board Rev 03172014 Date • 6 Page 156 of 233 4 - -- ---------- 05/05/2014 10:22 9072729412 ABC BOARD PAGE 11/12 Y ev, OPEN 7 DAYS A WEEK * 11 AM-9PM 12498 Kenai Spur Hwy, #1 A Family Restaurant Since 2012 APPETiums QUESODIP (white or yellow] ........... ...... ................................... ............ ........ ...... .. ......... .. .. .... .......... -­ . ... ...... $4 MLIJE'S NACHO SUPREME,-... .................. .. I ...... .. ............ ... I ............ I .... I ...... . I .... . .. .1.1 .......... .. - _ __.I.. '$13 Chips malted cheese and your choice of ground beef, shredded beef or chicken. lopped with lettuce, tomatoes and block olives, Garnished with sour cream and guacamole. NACHOS[add Beef or Chicken $2, odd guacamole $11 ......... ...... ......... .............. . . ........... ....................... ............... ..._$9 TOSTADITCLS(odd Beef or Chicken $2) ....... ................................... ............... ............... ...................... .......................... $10 Chips with Malted cheese, boons, lettuce, tomato and joloperros. CHEESE QUESADILLA [add Beef or Chicken $2) .............. I ........... ­ .............. ..... ....... ............. ........ ................... ......... $8 Served vviih sour cream. CARNEASADA QUESADILLA ........ _ ............... ­­­­­ ......... ................... ...... I ................. I ...... ........ .................. ........ $11 Flour to,Wlo filled with grilled chicken or carne aaado and cheese, garnished with loftce, guacamole and so., cream. TAQUITOS[choice of Beef or Chicken) ............. .................. ........... ........... ........... ____ .................................. ............ . $9 Three stuffed deep fried corn tortillas topped will gooct;mole and sour cream. CEVICHEjAsk server for avoilalbiiity),_ ....................... ........ ............. ... ......... .. ........................................ ............. _.........$12 Rumen + somwittles All burgers; topped with lettuce, tomatoes, onions and pickles- Served with french Fries, HAMBURGER................... ... ................. I...................... ­­_ ............ ........ CHEESEBURGER....... .... .................... _ .. ................ ............ .................. ........ ...... ........... ................. ....... ............. .... ........ $8 AVOCADOBURGER ........... I ... ­1 .... _ ........ ..... ................ ............................. ....... I ........ ...... I ....... I ...... ­ ... ............ ­­ ........ ­$9 BANDiDOBURGER.........._ ............ ............... ......... .... ........... ............. . . ............ . ............. ............_. _........................_..$9 Topped .0, sauteed onion, mushroom and cheese. BACONCHEESEBURGER_ ............ . ........... _ . ......... ........ ... . ......... ........ ............. ............ ................ ............ $9 TORTA(hot or -ildl)_ ...... . ... ..... .. .................. .__ ...... ..................... .......... ............................... _ ... ........ ............... . $10 AA..;cQn style sond-;-k stuffed with your choice of grilled steak, chicken or corrito and lopped with lefluce, tomato and avocado WARNING. YOUR PLATE 15 REALLY NOT Allk� AL A& A� & Alliv A& AL A AL A, Ak AL Page 157 of 233 05/05/2014 10:22 9072729412 ABC BOARD PAGE 12/12 BURRITO ENTImes Served with rice and your choice of retried or black beans inside burrito. Quisso scum - white or yellow $7 CARNEASADA BURRITO .............. ...... ...................................................... ............................................. ............................$12 Souhied cubed steak wrapped in a flour tortilla with cheese, topped with enchilada sauce, guocamole and sour cream. GRILLEDCHICKEN BURRITO ............................................................ ........................................................................ ............ M2 Seasoned grilled chicken wrapped in a flour tortilla with cheese, topped with enchilada sauce, guacamole and sour cream, CHICKENCHIPOLTE SURRITC!, ............................................. ............................ ........................................ .......... .................. $12 Flour tortilla stuffed With shredded chicken and cheese covered In a zest' chipolte sauce. Garnished with sour cream and guacamole. BURRITODELUXE .............................................................................................................................. ..................................... $12 Beef, chicken, shredded beef Or chili verde, wrapped in a flour tortilla with cheese, topped with enchilada sauce, leftvas, guocomole and sour cream. $11 PACCIS.... ......................... — ...... --.1 ........... - .......................... ............... .......... flour tortilla stuffed with your choice of beef or chicken, beans & cheese, topped with enchilada sauce, cheese & sour cream. CHILI VERDE BURRITO .......................... ......................... .......................... $11 Chili verde pork wrapped in a flour tortilla with cheese, topped with chili verde some and sour cream. $11 BURRITOVAQUERO (cowboy Style) .... ................................ .................................................................... ............................$12 Seasoned cube steak or grilled chicken, sawed with onions and Ploya-Azul red sauce, wrapped in a flour tortilla with cheese. .............$12 Garnished with sour cream and 9vatociroole. ENCHILADABURRITO .................................. .......... I ......................... — ............. - ............................ ............. $12 Seasoned ground beef or chicken and cheese, wrapped in a flour tortilla and topped with red sauce & melted cheese. Garnished with sour cream, $12 BURRITOAL PASTOR ............................. — ....................... ......... ................... Filled with mixed pork, Onions, pineapple marinated, then grilled I* perfection. FAJItABURitfF*.. ................................ .................... — ........................................ ................. -- ........ ...... .............................. $12 Seasoned and marinated strips of beef or chicken soulded with bell peppers, onions, tomato wrapped in a flour tortilla with cheese, topped with enchilada mum, guaccarnole and sour cream. MICHOACANBURRITO ................................. I ........ ...... I .......................................... ......................... $12 Flour tortilla stuffed with Mexican style fried pork, topped with enchilada scum and melted cheese. Garnished with sour seam. CHIMICHANOAGRANDE .............................................. I .......................... ............... I ............................ $12 Beef, chicken, shredded beef or chili verde wrapped in a flour tortilla with cheese, deep fried and topped with cheese, enchilada Samoa, lettuce, guacamole and sour cream. Toices Served with rice and your choice of refried or black beans. Ala Corte V$4 - 21$8 - 3/$11 Fish 71$4 - 21$8 - 31$12 CARNEASADA TACOS .................................................................................................... .............. $11 Two corn tortillas filled with seasoned grilled cubed sirloin, topped with lettuce and cheese. ADOVADATACOS .................. I ... I ............... -- .............................. I.— ..... I ....................... $11 Two ourn tortillas filled with spicy seasoned grilled cubed sirloin, topped with lettuce and cheese. GRILLEDCHICKEN TACOS ......... .... ... ... ....... * ...... * .... * ..... * .......... * ................... ......... , ....... ... , ....... $11 Two corn tortillas filled with seasoned cubed chicken topped with lettuce and cheese. CARNITATACOS ............................................................................................................................ $11 Two corn tortillas filled with mexican style fried pork. CHILIVERDE TACOS... .......................................................... .............................................................................. $11 Two own tortillas stuffed with chili verde pork, topl*d with lettuce and cheese. LENGUATACOS ............ ............................... ... * ... * ...... —'— ........ ** .... * .................. ............... Two boiled beef tongue with spices then grilled to perfection, topped with time, served with corn tortillas. $11 FAJITATACOS ......................... .... ..... I ........ I ........ ..... I ... ....................... I ..................................................... $11 Two corn tortillas filled with marinated steps of beef OF chicken with bell peppers, onions and tomatoes. TACOSAL PASTOR .................................................. ....... ............. ....... ­111 .... I.—I ... 1.1 ......... .............. ............ .............$12 TWO COM tortillas filled with mixed pork, onions, pineapple marinated, then grilled to perfection, SHRIMP TACOS .... ........................... ................... ... ...... ................................................... ............. $12 T,1 Win iomliw filled With SoUte9d shrimp, tomato on seasoning topped with lettuce cheese. a and ease. HALIBUTFISH TACOS ..................... ....... .............. ....... ... I .. ..... ...... ............ .... ...... ............................. $12 Two corn tortillas filled with hash halibut, topped with lettuce and cheese, WAIIMNf.. YOLM PLAT[ IS REALLY NOT Page 158 of 233 ,) ■M& & =Mrs- ■ r =10st� o� ■it rul i i"riii "i" ■!I &A I' gram ■ r _1 f P ism M". j or - U man INN Ilyll Ami"Man ".III "I [PAGE LEFT BLANK INTENTIONALLY] Page 160 of 233 Sponsored by: Council Member Boyle CITY OF KENAI [ANCE NO. 2786 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 23.40.035 - BONA FIDE EMPLOYER - SPONSORED MEDICAL LEAVE SHARING ARRANGEMENT. WHEREAS, allowing employees to share accrued annual leave with other employees suffering medical emergencies provides a benefit to employees in times of hardship and opportunity for co- employees to provide assistance as desired; and, WHEREAS, in order for employees to donate leave without tax consequences to the donating employees, a Bona Fide Employer- Sponsored Medical Leave Sharing Arrangement must be established with certain minimum requirements met; and, WHEREAS, it is in the best interest of the City to establish a Bona Fide Employer - Sponsored Medical Leave Sharing Arrangement for its employees which will benefit employees at little cost to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Enactment of Section 23.40.035 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.035 - Bona Fide Employer- Sponsored Medical Leave Sharing Arrangement, is hereby enacted as follows: 23.40.035 - Bona Fide Employer - Sponsored Medical Leave Sharing Arrangement. (a) Intent. It is the intent of the City to provide a Bona Fide Employer- Sponsored Medical Leave Sharing Arrangement, allowing its eligible employees to donate accrued annual leave to employees who are eligible to receive such leave for medical emergencies as follows: (1) Requests for leave donations must be made by the employee through the Human Resource Office in writing. Approved requests will be forwarded by the Human Resource Office to all employees with a cut -off date for donations. Forwarded requests shall only include information that: i. the requesting emplovee has made a request for leave under this section of code: ii. the amount of leave requested; iii. generic procedural information; and Page 161 of 233 Ordinance No. 2787 -2014 Page 2 of 3 (2) (3) (4) (5) (6) (7) iv. no protected health information or specific factual information may be disclosed. leave. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. New Text Underlined; ]DELETED TEXT BRACKETED] Page 162 of 233 Ordinance No. 2787 -2014 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: August 6, 2014 Adopted: August 20, 2014 Effective: September 19, 2014 New Text Underlined; [DELETED TEXT BRACKETED] Page 163 of 233 [PAGE LEFT BLANK INTENTIONALLY] Page 164 of 233 t Sponsored by: Mayor Porter and Council Member Molloy CITY OF KENAI ORDINANCE NO. 2787 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KMC 7.15.110 - OFFSET AGAINST DELINQUENT TAXES, AND RE- ENACTING THE CODE SECTION AS KMC 7.15.110 - TAX COMPLIANCE, TO REQUIRE INDIVIDUALS AND BUSINESSES CONTRACTING WITH THE CITY TO BE IN COMPLIANCE WITH CITY TAX ORDINANCES. WHEREAS, it is in the City's best interest to contract with and conduct business with individuals and businesses that are in compliance with the City's tax ordinances; and, WHEREAS, while the City's code allows the City to offset amounts owed by its contractors for delinquent City taxes, it does not prohibit the award of contracts to contractors that are delinquent on City taxes; and, WHEREAS, requiring certification of tax compliance for competitively bid transactions prior to award of a contract is administratively feasible; and, WHEREAS, allowing the City to terminate contracts or offset amounts owed for delinquent taxes will help ensure that individuals and businesses who do business with the City remain in tax compliance even for purchases not competitively bid; and WHEREAS, exempting tax compliance verification from transactions with or through other government agencies is reasonable, as these types of transactions do not result in taxable transactions and are exempt from sales taxes under code; and, WHEREAS, it is in the best interest of the City of Kenai to require individuals and business contracting with the City to be in compliance with City tax ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Reveal and Re- Enactment of Section 7.15.110 of the Kenai Municipal Code: That Kenai Municipal Code, Section 7.15. 110 - Offset of Delinquent Taxes, is hereby Repealed and Re- Enacted as follows: [7.15.110 OFFSET AGAINST DELINQUENT TAXES. THE CITY MAY OFFSET AMOUNTS OWED BY ITS CONTRACTOR(S) FOR DELINQUENT CITY TAXES AGAINST ANY AMOUNT OWING TO THE CONTRACTOR(S) UNDER A CONTRACT BETWEEN THE CITY AND THE CONTRACTOR(S)] New Text Underlined; [DELETED TEXT BRACKETED[ Page 165 of 233 Ordinance No. 2787 -2014 Page 2 of 2 7.15.110 Tax Compliance. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: August 6, 2014 Adopted: August 20, 2014 Effective: September 19, 2014 New Text Underlined; [DELETED TEXT BRACKETED] Page 166 of 233 ( Suggested by: Administration CITY OF KENAI NO. 2788 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT EQUIPMENT CAPITAL PROJECT FUNDS FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT (SRE) - PLOW TRUCK WITH ATTACHMENTS. WHEREAS, the Airport owns a 1995 Oshkosh Plow Truck that is due for replacement; and, WHEREAS, new upgraded equipment will improve the Airport's capability to effectively address snow and ice conditions to ensure safe operations with dependable equipment; and, WHEREAS, Snow Removal Equipment is FAA eligible and grant funds are available and the City has been awarded a grant totaling $543,706 comprised of 93.75% FAA $509,724, 3.125% State of Alaska $16,991 and requiring a 3.125% local share of $16,991; and, 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 $ 16,991 Increase Appropriations Transfer to Airport Equipment Capital Project Fund $ 16,991 Airport Eouipment Capital Proiect Fund Increase Estimated Revenues Federal Grant Share $509,724 Transfer from Airport Special Revenue Fund 16,991 State Grant Revenue 16.991 43 706 Increase Appropriations Administration $ 16,991 Machinery & Equipment 526.715 5 70 New Text Underlined; DELETED TEXT BRACKETED] Page 167 of 233 Ordinance No. 2788 -2014 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: August 6, 2014 Adopted: August 20, 2014 Effective: August 20, 2014 New Text Underlined; ]DELETED TEXT BRACKETED] Page 168 of 233 Memo "S&vL AWdi. iQmaterXenav Pevu,mti+.la%' 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907- 283.7951 FAX 907.2833737 To: Rick R. Koch - City Manager Thru: Terry Eubank — Finance Director, From: Mary Bondurant —Airport Manag ` Date: July 18, 2014 Subject: Ordinance 2788 -2014 — "Snow Removal Equipment (SRE)" The FY14 Airport Capital Improvement Program identified the need to replace and upgrade snow removal equipment at the Kenai Airport. A federal grant application for $543,706 was submitted to the FAA on June 5, 2014 for an Oshkosh Plow Truck with attachments. The City has now received the FAA's grant offer for $509,724 (93.75 %). The Airport and State of Alaska are each responsible for 3.125% of this project or $16, 991. This purchase will replace a worn out 1995 Oshkosh Plow Truck and provide a vital new piece of equipment that plows, scrapes, deices, and sands. Please contact me if you have any questions. Attachment www.kenaiairport.com. Page 169 of 233 [PAGE LEFT BLANK INTENTIONALLY] Page 170 of 233 Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2789 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 11.05.050, "CONDITION AS TO EQUAL SERVICES AND RATES," TO REQUIRE THAT THE CITY PROVIDE RESIDENTS OF THE CITY OF KENAI WITH FREE SERVICES AT THE CITY -OWNED BOAT LAUNCH AND PARKING FACILITY. WHEREAS, the City has put into place certain fees for taking advantage of City- provided services at the City -owned and operated boat launch facility; and, WHEREAS, although the City of Kenai Dock launching ramps and floats are facilities that provide access to waterways for the entire public, the costs of operating these facilities are supported not only from user fees but by the residents of Kenai who support governmental operations through taxes; and, WHEREAS, it is in the best interest of the City to acknowledge the contributions of the residents of the City of Kenai in payment of taxes by offering free City services at the City's boat launch and floats. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance Section 2. Amendment of Section 11.05.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.05.050, Condition as to equal services and rates, is hereby amended as follows: 11.05.050 Condition as to equal services and rates. It shall be a condition of all permits granted by the City Council that the facilities to be constructed and the services to be supplied in connection with them shall be made available to all carriers upon equal terms, at equal rates, and without discrimination of any kind. Notwithstanding, the City shall provide services at its launch ramp and adiacent parking facility to residents of the City of Kenai at no charge. New Text Underlined; DELETED TEXT BRACKETED] Page 171 of 233 Ordinance No. 2789 -2014 Page 2 of 2 Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(4), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2014 ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: August 6, 2014 Adopted: August 20, 2014 Effective: September 19, 2014 New Text Underlined; ]DELETED TEXT BRACKETED] Page 172 of 233 11 Municipal Airport "Se#,vuiW*t&Oveater Kena.v Pen&*ule 305 N. WILLOW ST. SMITE 200 KENAI, ALASKA 99611 TELEPHONE 907,28:-7951 FAX 907,2833737 Memo To: Rick R. Koch - City From: Mary L. Bondurant - Date: July 8, 2014 Subject: SOA DNR- Forestry Special Use Permit The State of Alaska Department of Natural Resources /Division of Forestry is requesting renewal of the Special Use Permit for the period May 1, 2014 to September 30, 2014 under the same terms and conditions. The special use permit is for the loading and parking of aircraft. The permit fee is $600 a month plus landing fees. The State has always been current in all fees owed to the Airport. Airport Commission reviewed the permit at the July 10, 2094 Commission meeting and recommends Council approve the Special Use Permit to the SDA Department of Natural Resources. Attachments www.ukenai.ak.us. Page 173 of 233 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES/DIVISION OF FORESTRY ( Permittee), whose address is 550 West 7`h Avenue Suite 1450 Anchorage, AK 99501, a Special Use Permit to conduct aeronautical and/or aviation- related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non - exclusive right to use that area described in the attached diagram shown in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for one year commencing on May 1, 2014, and ending on Sotember 30 2014. Regardless of the date of signature, this Permit shall be effective as of May 1, 2014. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $600.00, plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of one hundred dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent (10 %) per annum, and penalty of ten percent (10 %) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of Special Use Permit— DNR/Forestry (Parking) Page 1 of 8 Page 174 of 233 r this Permit. (See $ 22, Termination). 4. Use. City authorizes Permittee's non - exclusive use of the Premises for the following purpose(s): Aircraft loading and parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit .A City reserves the right to re- assign Permittee, upon reasonable notice to other areas as atrport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Perrmttee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Pen-nit is prohibited without the written consent of City. No Pierson may repair an aircraft aircraft engine propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative The Airport Manager or designated representative reserves the ri ht to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Pennittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occun•ence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. Special Use Permit— DNR/Forestry (Parking) Page 2 of 8 Page 175 of 233 6. Inspection. The Federal Aviation Administration and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any govemment- operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Pemiittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad -form contractual, with a per - occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee's fuel handling activities. The policy must name the City as an additional insured. B. Worker's compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non - owned motor vehicles the lessee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company /corporation currently rated "A - "or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance Special Use Permit— DNR/Forestry (Parking) Page 3 of 8 Page 176 of 233 coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. V. Evidence of insurance coverage must be submitted to City by May 1, 2014. The effective date of the insurance shall be no later than May 1.2014. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 10. Assumption of Risk. Pennittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11, Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities "), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises, Permittee's access to the Kenai Municipal Airport, and/or Permittee's exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. Special Use Perniit— DNR/Forestry (Parking) Page 4 of 8 Page 177 of 233 12. Fuel Spill Prevention and Response Plan. Areas of the apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee's use of the apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above - ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft- parking ramp, inside an aircraft hangar, or within fifty feet (50') of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230 -4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. Special Use Permit— DNR/Forestry (Parking) Page 5 of 8 Page 178 of 233 14. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 15. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 16. Compliance with Law /Grant Assurances. This Permit, and Pennittee's activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the tern of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport's eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City's grant assurances and federal obligations. 17. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Pemtit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Special Use Pennit— DNR/Forestry (Parking) . Page 6 of 8 Page 179 of 233 Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit inunediately, or upon notice shorter than thirty (30) days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for tennination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Penmittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction. 25. Definitions. As used in this Permit, " Permittee" means State Department of Natural Resources Division of Forestry, and where the context reasonably indicates, its officers, agents. and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit— DNR/Forestry (Parking) Page 180 of 233 Page 7 of 8 i 1 CITY OF KENAI By: Rick R. Koch City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT Date ss. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY 0 Dean Brown Deputy Director, Division of Forestry Date THIS IS TO CERTIFY that on this _ day of , 2014, the foregoing instrument was acknowledged before me by RICK R. KOCH, City Manager, of the City of Kenai. an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 2014, the foregoing instrument was acknowledged before me by DEAN BROWN, Deputy Director, DNR/Division of Forestry, on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: Approved as to form: Scott Bloom City Attorney YADepi - Airport \SUP \042914 DNR Forestry Parking.docx Special Use Pennit— DNR'Forestry (Parking) Page 8 of 8 Page 181 of 233 WILLOW STREET Exhibit A Page 182 of 233 THE STATE °fALASKA January 22, 2014 GOVERNOR SEAN PARNELL To Whom It May Concern: Department of Administration Certificate of Self Insurance DIVISION OF RISK MANAGEMENT RE: Liability Insurance Coverage for Alaska State Owned Vehicles 101h n State Office Building PO Box 110218 Juneau. Alaska 99811 -0218 Mom: 907.465.2180 Fox: 907.465.3690 www.doo. otasko.gov /drm This notice shall serve as verification that the State of Alaska provides automobile liability insurance protection for all State owned vehicles and employee drivers of such vehicles; including while travelling through the Sovereign Dominion of Canada. The State of Alaska provides this coverage through the State Self- Insurance Program as authorized under AS 37.05.287. The State of Alaska and its agencies are covered for property and liability exposures through major worldwide insurance programs with large self- insured retentions and high excess liability limits appropriate for meeting the risk levels required by the State. Losses that fall within these self - insured (deductible) levels, including those for which we are contractually liable, are covered by the financial resources of the State and are administered under the self- insured claims program handled by this office. Any inquiries should be addressed to this office at the address listed above, or you may phone (907) 465 -5724 for additional information. Thank you for your courtesy and attention to this matter. Sincerely, 1. D D Leasa Davis Risk Manager Page 183 of 233 [PAGE LEFT BLANK INTENTIONALLY] Page 184 of 233 1 Municipal Airport Memo "ServL'Wt31.eiGr rKevtaly i P.vt!n6ula:' 305N.w1U.ow Sr.SUrtEZOO KENA1,ALASKA99811 TELEPHONE 907- 2837951 FAX 907,2833737 {1/� To: Rick R. Koch - City Manager ' ` From: Mary Bondurant —Airport Ma Date: July 24, 2014 Subject: Request from Grant Aviation — Office Space Attached is a request from Grant Aviation for additional office space in the terminal to expand their central reservations office. There is 482 square feet available consisting of spaces 36 and 37. The monthly rent will be $ 1,265.65. It is my recommendation to amend Grant Aviation's current airline operating agreement to include the additional 482 square feet of exclusive use space. If you have any questions, please contact me at 283 -7951 attachment www.kenaiairport.com. Page 185 of 233 Grant Aviation P.O. Box 92200 Anchorage, AK 99509 -2200 (907) 248 -7025 Fax (907) 248 -7076 Mary Bondurant Kenai Municipal Airport 305 N. Willow, Suite 200 Kenai, AK 99611 July 23, 2014 Ms. Bondurant, Please consider Grant Aviation's request to amend our current lease, expanding our leased space to include three additional spaces, #37, #36A, and #36B. This additional space will allow us to increase the scope of our central reservations and ticketing center, employing additional personnel and equipment to better serve our customers, statewide. Please let me know if I may provide additional information to assist you. I can be reached at 907 529 -6999, or via e-mail at bmcglasson@flygrant.com. Sincerely, Bruce McGlasson CEO Grant Aviation, Inc. Page 186 of 233 SECOND AMENDMENT TO THE KENAI MUNICIPAL AIRPORT AIRLINE OPERATING AGREEMENT AND TERMINAL AREA LEASE THIS SECOND AMENDMENT to the Kenai Municipal Airport Airline Operating Agreement and Terminal Area Lease (the "Second Amendment ") is made and entered into this _ day of , 2014, by and between the City of Kenai, Alaska (the "City"), a political subdivision of the State of Alaska, and Grant Aviation, Inc. (the "Airline "), a corporation organized and existing under the laws of the State of Alaska and authorized to do business in the State of Alaska. RECITALS The circumstances surrounding the making of this Second Amendment are as follows: A. City and Airline are parties to the Airline Operating Agreement and Terminal Area Lease (the "Agreement ") dated April 30, 2008, under which Airline operates an Air Transportation business and leases property at the Kenai Municipal Airport. B. Pursuant to Section 12.20 of the Agreement, the Agreement may be amended in whole or in part without further consideration upon mutual written consent of the City and Airline who both herein wish to amend the Agreement. C. Pursuant to Section 2.1 of the Agreement, the original term began on June 1, 2008 and continued for a consecutive sixty (60) month period thereafter was subsequently extended by the First Amendment to the Kenai Municipal Airport Operating Agreement and Terminal Area Lease (the "First Amendment') for an additional sixty (60) month period. D. Pursuant to Section 5.3 of the Agreement, rentals for the Airline's Exclusive Use Space shall be based on the rate and amount then currently approved by the City as provided in Exhibit C. AMENDMENTS First Amendment — Airline Operating LESSOR _ Agreement and Terminal Area Lease Page 1 of 3 LESSEE _ Page 187 of 233 1. Exhibits A, Airline Premises- Exclusive Use Space and Exhibit C, Airline Rate Schedule are amended as attached hereto to include exclusive space for the Airline to include, in addition to Space 34 and 35, Space 36 and 37, consisting of an additional 482 square feet at an additional starting rate of $1,265.65 per month in accordance with the terms and provisions of this Agreement. 2. The terms of the Agreement as amended by the First Amendment shall continue in full force and effect except as modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year state in the individual acknowledgments below. (Lessee is a Corporation) ATTEST: Name and Title STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) First Amendment - Airline Operating Agreement and Terminal Area Lease LESSOR: CITY OF KENAI By: Rick R. Koch Its: City Manager LESSEE: By: Name: Its: Title: Page 2 of 3 Page 188 of 233 LESSOR _ LESSEE THIS IS TO CERTIFY that on this day of 2014, 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 in and for Alaska My Commission expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2014, 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 in and for Alaska My Commission expires: Approved by Kenai City Council Approved as the lease form by City Attorney S4 Approved by Finance Director Approved by City Manager Return to: City Attorney c/o City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 First Amendment — Airline Operating Agreement and Terminal Area Lease Page 3 of 3 Page 189 of 233 LESSOR LESSEE EXHIBIT A AIRLINE PREMISES — EXCLUSIVE USE SPACE Grant Aviation Exclusive Use Space including the ticket counters, ticket lobby queuing area, office space and operations space indicated above, spaces 34, 35, 36, and 37, as indicated below: a n mol� YQ2S.3 ERA 1e' q2 1152 S F1 G LAAKEPEN AI 544 S 11 y1121 71 U 7 nil .. Terminal Drawing Not To Scale 1. Ticket counters, ticket lobby queuing area, office space and operations space: 1,026 s.f. 2. Terminal apron aircraft parking and GSE Space: 5,000 0. Airline Operating Agreement And Terminal Area Lease Page 1 of 1 Page 190 of 233 Lessor Lessee EXHIBIT C AIRLINE RATE SCHEDULE KENAI MUNICIPAL AIRPORT City of Kenai, Alaska Calculation of 2014 Terminal Rent, Apron Space Rent and Landing Fees (1) 15- Aug -14 Grant Aviation 2014 Terminal Rent Area Description Actual Square Feet Utilization Adjustment Percentage 2 (a) Adjusted Square Feet (b) Base Rental Rate sf (c) Enplanement Percents a (a)x(b)x(c) Annual Rental Amount Exclusive Use Space - Space 34 & 35 544 100% 544 $ 31.51 100% $ 17,141 - Space 36 & 37 482 100% 482 $ 31.51 100% $ 15,188 Joint Use Space - Baggage Make-Up Area 2400 68.29% 1639 $ 19.09 28.70% $ 8,980 - Baggage Breakdown Area 960 68.29% 656 $ 10.09 28.70% $ 1 898 - Baggage Claim Area 1200 68.29% 819 $ 31.51 28.70% $ 7 411 - Passenger Holdroom, Arrival and Departure Hallways 1824 68.29% 12461$ 31.51 28.70% $ 11,265 Total Terminal Rent $ 61,883 2014 Terminal Apron S ace Rent Allocated Square Feet Rental Rate sf Apron Space Rent Terminal Apron Aircraft Parking & GSE Space Rent 5,742 $ 0.48 $ 2,756.16 Total Apron & GSE Space Rent $ 2,756.16 2014 L nding Fees Projected Landing Weight 1000s Landing Fee Rate Landino Fees Landing Fees 3 27,423 1 $ 1.58 $ 43,328.34 Total Estimated Landing Fees $ 43,328.34 Grant Aviation Total Annual Rent and Estimated Fees $ 107,967.17 NOTES: (1) Rents and fees are scheduled to increase by the BLS Anchorage MSA CPI for 2015 through 2018 (2) The utilization adjustment is based on the square footage of leased Exclusive Use Space divided by the total square footage that is available to lease (1,96sf/2,484sf= 68.29 %) (3) Aircraft weights are estmated. Actual landing fees will be based on landings and weight. Second Amendment - Airline Operating Agreement and Terminal Area Lease Page 2 of 2 Page 191 of 233 Lessor: Lessee: [PAGE LEFT BLANK INTENTIONALLY] Page 192 of 233 "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIII'I 1992 MEMO* TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: July 18, 2014 SUBJECT: Kulila Dr. — Neighborhood Clean up Below is a summary of the amount of debris hauled from Kulila Dr. during the neighborhood cleanup back in June: Peninsula Sanitation Total yardage: 48 yards Parks & Recreation Total weight: 1.33 tons Items hauled to the landfill by City workers included: Mattresses Plywood Sink Tree Branches & Misc. Yard Debris Scrap Metal Pallets Overhead Lights Misc. Wood Debris Brush Guard off Vehicle Refrigerator Chair Partial Frame to Vehicle Page 193 of 233 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 2nd Quarter 2014 KVCC Walk in Visitor Count Month /Year # of Visitors April 2014 1,361 May 2014 1,920 June 2014 5,784 Total Visitor Count 9,065 Official Kenai Guide Mailings Month /Year # of Guides April 2014 0 May 2014 1500 June 2014 1000 Total Guide Count 2500 Official Kenai Guide Display Racks Location # of Guides Aspen — Kenai 0 Aspen — Soldotna 0 IGA /Country Foods 200 Diamond M Ranch 0 Quality Inn 200 Paradisos Restaurant 200 Safeway — Kenai 700 Safeway — Soldotna 400 Soldotna Inn 0 Three Bears 200 Kenai Airport 1000 Sportsmans Warehouse 200 Total Guide Count 3000 Page 194 of 233 Page 1 of 3 Kenai Chamber of Commerce and Visitor Center Al � Kenai Visitor and Cultural Center Report 2nd Quarter 2014 Website Traffic for www.visitkenai.com C-OO S1a: A: .c...e..rcoRxR...,e von a.oro ous n=oorz Audience Overview Apr 1. 2014 -Jun 30, 2014 /'� PL Sessions -� +Adtl Sep�wnn �bJ' � occs �•- • Seu�ons .co ■ New valor ■ R .V v.tt 7,640 5,9 21,13 7,40 5,944 21,'139 Payee Session ASS. Swam Ourason Bounce Rate 2.77 00:03:48 49.28% % New Seesims 74.49% • Sessions (total number of sessions to the site) • Users (total number of unique users to the site) • Pageviews (total number of pages viewed on your site) • Pages per Session (average number of pages viewed per session) • Average Session Duration (average session length of all users) • Bounce Rate (percent of single -page sessions) • New Users (percent of total users who came the site for the first time) Page 2 of 3 Page 195 of 233 Z1100 ` Kenai Chamber of Commerce and Visitor Center (VA Kenai Visitor and Cultural Center Report G/ 2nd Quarter 2014 Facility Rental /Community Usage April 2014 —June 2014 Artistic Puppy Creative Photo Workshop Hilcorp Contractor Meetings Joint Kenai /Soldotna Chamber Luncheons Kenai Chamber Annual Community Awards Luncheon Kenai Chamber Board Meetings Kenai Chamber Luncheons Kenai Fire Department Car Seat Training Kenai Historical Society General Membership Meeting Kenai Indoor Spring Market Kenai Peninsula Association of Realtors Meetings Kenai Peninsula Bed & Breakfast Association Membership Meetings Kenai Peninsula Birding Festival Kenai Peninsula Builders Association Wine Tasting Kenai Peninsula Trout Unlimited Film Festival Kenai Saturday Market Lemonade Day Workshop Nakenu Family Center Meeting Opening of Jim Evenson's Summer Show Private Wedding & Reception Relay for Life Bank Nights Relay for Life Committee Meetings Relay for Life Team Captain Meetings Saxon Drilling Meeting State of Alaska Meeting State of Alaska Kenai Peninsula Economic Forum The Alaska Support Industry Alliance Luncheon The Alaska Support Industry Alliance, Kenai Chapter Membership Dinner Tuboscope Meeting Twin City Raceway Board of Directors Meetings Twin City Raceway General Membership Meetings Page 3 of 3 Page 196 of 233 I LZFswi-714 - 01 � 01i I the u TO: Rick Koch, City Manager - /FROM: Terry Eubank, Finance Director DATE: July 16, 2014 FINANCE DEPARTMENT QUARTERLY INVESTMENT REPORT SUBJECT: Quarter ending June 30, 2014 Investment Report June 2014 City of Kenai Investment Portfolio At June 30, 2014 the City had investments with a market value of $17,063,988 that is down from $17,449,835 at March 31, 2014. The City's portfolio is yielding 0.39% that is up from 0.37% at March 31, 2014. Market interest rates continue at historic lows. Citv's Investment Portfolio US Agency Securities $ 4,981,020 AML Investment Pool 3,150 Wells Fargo Money Market 7,812,628 FDIC Insured Certificates of Deposit 3,666,432 Bank Balance 600.758 Total $ 17.063288 Permanent Fund Investments The second quarter 2014 ended with solid quarterly and annual returns. The funds total value decrease by $398,913 due to annual withdraws for operations of the Airport and General Fund of $1,312,645. Quarterly earnings were nearly $900,000. Since inception the portfolio has returned 10.68% and in the last year the portfolio has returned 14.06 %. As of June 30, 2014 the portfolio value was $27,011,100, comprised of $24,099,303 (89.22 %) Airport Land Sale Permanent Fund (ALSPF) and $2,911,797(10.78 %) General Land Sale Permanent Fund ( GLSPF) monies. The FY2013 transfer of $1,158,473 and $154,172 for the ALSPF and GLSPF respectively were made in mid May. Page 197 of 233 CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY June 30, 2014 Securities Maturities Less than 1 Year Maturities 1 to 2 Years - Maturities Greater than 2 Years 4,981,020 Total Government Securities 4,981,020 Total Portfolio $ 17,063,988 Investment Portfolio - Purchase Price June 30, 2014 Investment Portfolio - Fair Value 06/30/13 17,026,935 Fair Market Current (64,704) Value Yield Cash & Cash Equivalents Cummulative Change in Fair Value $ 127.6511 Wells Fargo Checking $ 600,758 0.00% Wells Fargo Secured Money Market 7,812,628 0.07% FDIC Insured Certificates of Deposit 3,666,432 0.53% Alaska Municipal League Investment Pool 3.150 0.01% Total Cash & Cash Equivalents 12,082,968 0.21% Securities Maturities Less than 1 Year Maturities 1 to 2 Years - Maturities Greater than 2 Years 4,981,020 Total Government Securities 4,981,020 Total Portfolio $ 17,063,988 Investment Portfolio - Purchase Price $17,091,639 Investment Portfolio - Fair Value 06/30/13 17,026,935 Fair Value Adjustment - 06/30/13 (64,704) Fair Value Adjustment thru - 06130114 37,053 Cummulative Change in Fair Value $ 127.6511 Average Yield Portfolio Liquidity $+2,000.000 $3.000,000 $4.000.000 so AL—Lk llauidityN%Minimum MaWrilyl.2yema Maturitywer2yeam 30 %Mam.um (•Polity M:MmumMeaanum (•ACloal Page 198 of 233 �� o� _ m o oaaov0000000000 0 �o o ° y W UC pp 11.� C U 9z On W O C� � �WIl1W0 ��00NRN1�0�0 � mO � m Ij 2� 0�i � •�V�n' °e.'CmIV`m^gO t� • Y Q E p p C p p p pp NN ••A� uu11 C C O m m° mRO,Sm $�g�m����Omm g •• o• o UE o8 _ R °eg m g$R"'G @'�rvm N n �O p N C 80, 8 9i2A N a V 0 0 S R p •p urn n e S gn FbJ Y°`f g 8� W&"B�• � W v N0 00 MumMm a �g o 8 °° � °$8g88gg�888��o n •7i.g m � � °1,v �' ^r �•-il a W ° � n�r°, �1^VNN[°•IrNNNN 8 W g`W'« Um� a 0 x� o'� � 8� m•Rv °m- � 9 is v o rc 'N n a ` nn qEE m '-Cm mbm 9 a a ti nv��IwO m w m �i0 » 'am a�a o53m��'�N3ecN'�� x n= a $oe �m 3EE�Smmrcaa?��z LL f 3R �0 6"� Q¢ � �4 �N6mNZ01LLLLOlJNWN �4 X Q U yOym mm S 55 LL2 ti snug cim ui •°n gim�n$8im °m ti w U H� m O �OOGG mOC OOCGGOOOC OOo O � � � O U_� LL�LL LL LLG Page 199 of 233 Fixed Income Cash & Cash Equivalents Wells Fargo Secured Money Market Total Cash & Cash Equivalents Government & Corporate Securities Government Securities Corporate Securities Total Government & Corporate Securities Total Fixed Income Equities Domestic Equities Standard & Pooes 500 Index Standard & Pooes 600 Small -Cap Index Standard & Poor's 400 Mid -Cap index Total Domestic Equities International Equities Vanguard Europe Pacific ETF Vanguard Emerging Market ETF Total International Equities Real Estate Vanguard REIT ETF Total Real Estate Total Equities Total Portfolio Total ALSPF Balance Total GLSPF Balance z0.uvx is oox 10.00% s.DO% v.vo% �pptl.Fo 76W% s0.D0•< zs a0•w 0 00.0 Fr,eE lnrome YnNrtld PwY SbnMrtlflpwi 6Pmi rtl ii., VanOrr r.,, 1, ­1 R SO.Intln WO SmaIiC+p .ODMidGpintloe Ve Nn xErr Ma,ke,ETF _ BCwrn., porlloi. W.g,rl eTnpal Pp Mqq We4r,n OMevpn.rm PM.b V.'epnl Portfolio Performance 2,736,799 2,882,005 2,853,655 2,944,928 1,659,743 1,701,304 1,678,145 1,783,598 4,396,542 4,583,309 4,531,800 4.728,526 1,168,231 CITY OF KENAI 1,247,361 1,321,899 1,168.231 1,140,323 1,247,361 1,321,899 PERMANENT FUND 16.043,068 15,984,919 16,028,185 25,791,540 27,018,662 INVESTMENT PORTFOLIO SUMMARY 27,011,100 23,000,895 24,095,421 24,444,250 24,099,303 2,790,645 March 31, 2014 2,965,763 2,911,797 Portfolio Composition Current or Current Fair Market Value Average Portfolio Target Portfolio 3O•Sep -13 31- Dec -13 31.1 14 30- Jun -14 Yield Weight Weight Maximum 530.713 82,277 91,216 592.968 0.07% 2.06% 530,713 82,277 91,218 592,968 5,182,576 51785,698 6,033.830 5,449,960 1.370/6 20.09% 5.092.881 5,107,819 5,300.046 4,939,987 1.87% 19.75% 10,275,457 10,893,517 11,333,876 10,389,947 1.49% 39.84% 10,806,170 10,975,794 11,425,094 10,982,915 1.44% 41.90% 45.00% 65.00% 5,178,236 5,722,542 5,789,250 5,792,916 20.08% 20.00% 25.000/. 1,543,806 1.688,132 1,428,185 1,399,219 5.99% 5.00% 10.00% 2.698.555 2,908,762 2,988,323 2.785,625 10.46% 10.00% '16.00 9,420,597 10,319,436 10,205,758 9,977,760 36.53% 35.00% 50.00% 2,736,799 2,882,005 2,853,655 2,944,928 1,659,743 1,701,304 1,678,145 1,783,598 4,396,542 4,583,309 4,531,800 4.728,526 1,168,231 1.140,323 1,247,361 1,321,899 1,168.231 1,140,323 1,247,361 1,321,899 14,985,370 16.043,068 15,984,919 16,028,185 25,791,540 27,018,662 27,410,013 27,011,100 23,000,895 24,095,421 24,444,250 24,099,303 2,790,645 2,923,441 2,965,763 2,911,797 Portfolio Composition 10.61% 10.00% 15.00% 6.44% 5D0% 10.01) 17.05% 15.00% 25.00% 4.53% 5.000/6 10.00% 4,53% 5.44.0/6 10,00% 4.92% 100.01% 100.00% 150.00% Page 200 of 233 Total ALSPF Balance $25,OODADD $24,000,000 — — - — $23,OOD,000 $22,000,000 $21,OOD,000 $20ADO,ODD $19,000,000 $1810MA00 $17,OOO,OD0 $16,000,000 Transfer of $1,158,473 to Airport Operations. Transfer of $1,075,173 to AlrpDrt Opeations. Transfer of $1,011,485 to Airport Operations. _ Transfer of$999,976 to _- Airport Operations. $15,000,000 Jun-11 Sep-11 Dec -11 Mar -12 Jun -12 Sep-12 Dec -12 Mar -13 Jun -13 Sep-13 Dec -13 Mar-14 $3,500,000 - $3,000,000 $2,500.000 $2.000,000 51,500,0DO —. $1,000,00 - - -- - $500,DDo Total GLSPF Balance Juo-ll Sep 11 Dec -11 Mar -12 Jun -12 Sep-12 Dec -12 Mar -13 Jun-13 Sep-13 Dec-13 Mar44 Jun -14 Page 201 of 233 ee: /3i z o} (( i, <z £\ ) 2 Z ! \( �! R CL {/ \\ <o / � E ) §� \ \ R Lu § \ k \ k� k = / /� � § D / LL @ , Zto w J { 2 { - a \ \2 « Z \ [ - - � { § / \ \ / {\ { 0 0 § £ k E O k| } � \y \, | )/ u u LAJ uj � ` \e \ \, \_ LU )� Page 202 a 233 t Alaska Permanent Capital Management Co. PORTFOLIO SUMMARY AND TARGET CITY OF KENAI PERMANENT FUNDS June 30, 2014 Page 203 of 233 Asset Class & Target Market Value Assets Range FIXED INCOME (45 %) US Fixed Income (40.0 %) 10,389,935 38.5 35% to 65% Cash (5.0 %) 620,556 2.3 0% to 10% Subtotal: 11,010,491 40.8 EQUITY (55 %) US Large Cap (20.0 %) 57765,324 21.3 15% to 25% US Mid Cap (10.0 0/0) 2,785,625 10.3 5% to 15% US Small Cap (5.0 %) 1,399,219 5.2 0% to 10% Developed International Equity (10.0 %) 2,944,928 10.9 5% to 15% Emerging Markets (5.0 %) 1,783,598 6.6 0% to 10% Real Estate (5.0 %) 1,321,899 4.9 0% to 10% Subtotal: 16,000,593 59.2 TOTAL PORTFOLIO 27,011,084 100 Page 203 of 233 - $ .0 v ePR o m m a ^Oy m O " �e 1, OHO ^O O OyO�`+ Z h Z'ZOZOZ OZ -Z. o°o . ?.7 j ojo jo jo =0jo� = =o �' 0 0 0� ooh ZoZOVo QCQL'QC¢OQO QO Q�QC• �e _ O O a0 t� Op?��'p Ne Fo'nFcF F °� F,°nFO2 s pc� 2 X02 Z oUO o Vi Vl b !/J 1� N. N_ y Vi b Vi vt O S Z C U Z O z NCi „�C O r Vi O P w cd o F G CA U Z O C V N C L ^ Q r (V ry a m - (V O C < "•> vi N O O d O O O O O O U q N � r O O P O O P O O O P O O O O :6 H N of w W m d n b P r r< n rn a a � m � V ca - $ m � o ^Oy O " �e OHO ^O O OyO�`+ Z h Z'ZOZOZ OZ -Z. . ?.7 j ojo jo jo =0jo� = =o �' 0 0 0� ooh ZoZOVo QCQL'QC¢OQO QO Q�QC• �e _ O O a0 t� Op?��'p Ne Fo'nFcF F °� F,°nFO2 s pc� 2 X02 Z oUO o Vi Vl b !/J 1� N. N_ y Vi b Vi vt O S Z C U Z O z NCi „�C O r Vi O P w cd o F G CA U Z O Page 204 of 233 Page 205 of 233 � •� O O O — ^ — — N — N M } b M W M r M Q P r m �O l7 Z Z W p N N O N r r K YO O N T e O a.. P m r b r O m m m m r N m W N N Y1 - d L Q v1 N R T O U v� cc �.r ry m N P r vl H O b 6 O pO d m O P T Om N �O n C W w/ Q O f4 N Q Q vri Q P t_ vNi_ y F? m� C) M Q U e a% O �1 `, C r vNl ° v°i Yb1 W ° N Q h L a0 r N Q Q ca a C) m Y ti � m Q W 'i p a O Z O Z D7 a W n U r Z < 0< O Oo a o Nacc :. _ UN vl n�gS.n < °< °_ °gym °z W UmF a rv.. b �Gr' y °z�E °_z °�yN�z °t W o ar C z d` °s „zRO U a W R p = c a c ?z C C CaC Z o 5 a a° O r Z �' c ZCOOW�J =CpCmC<O C_ v. fV N N N N N N N N N ! W W 0 Page 205 of 233 v!t; -e § GR 206 a 233 � z z kkz � ; ! ; !2 _ 7 - . 2! ` § k o ( ( !(!2 �;14 \a _! » \ \ `! j\�\ E tic k � � ( / � k( 7 \ q k \ ( § \ JE (� (\ §§ lw #! ;\) C, §/ �7� S/ ¥/ ;\ E £(} |® CO 0 ■> e k f E § ■ ! § GR 206 a 233 O 7 N N a Q O m 00 T Q N N vOi h T N F 0 0 0 y km 01 CO w� z� Aw 0F ^0^ W W d3 ¢ w". a W Q h Q qRq :.i v Fo gow'o W z v.o QOo "Rp'', chi ty zQ Q¢Q Z A4 W n Z fy (¢7e ��e daQ v �V �O Poo °nE oo z wa r?¢U w6� zo Ow, Q {7d fnN N N QF'� ¢M Q ¢ Q O O O F z LLLLLL O U O O U O U. O d 687 7 ¢ v 0 0 /FEW N �� �� CD 7 CD 7 N N R z M N W N F p Om V��a �o W ¢`n ..O`° 0`O Om �o GrUo ]o o Quo a o Qo Qo wo Page 207 of 233 b vi 1� a0 O a0 tV O N O d C 7 Nei P O T d A Wo W o d ��� z�a d* y �� �� o �0 Z yw�� U�UQ p °aQ xO � �' u o a� o V❑�°v, F"� 5 >Gm > wewo a33 y2vUv zl ¢O O N L"TO �Op mO Q - O O N O O Q O O O O ¢v 2v �a m a N J N LU (Z11 N O O C F Q z o o a o o V o o 0 0 Page 208 of 233 Page 209 of 233 00 b �•' h M M l� T V Q h ^ b � M F � CO -- �E � ^ W � � � O � O � W f••i l� f'i �D V "••'tio O N N µ7 N aoo O Oz — �' •,, O a o zozo N1 M O a s F� z N zozA � M a. UMq WW qaWq VMq Zq F4q�dq ;.j Cale y O� ltny�rnM C� O°�n 4 E' � wC7v O .'707.; A`� y„ fxit7v O �jy`t"�ri 70.'0 d. V v, �, o o i1. V �o Cl Q O W O � O O R R• a .�. t'� ^ a M by 0. N H N N ° o,° CL, V° 5° Page 209 of 233 00 Page 210 of 233 P O O O �C h V1 O � O 0. r aZ a U wHO �.ai w ~ V ° 'F U N UP %r �.y Q u Q O< 4o � � O o � h F o W� W "dry z # Q X70 (a za V p >'Wf'" y �"Ww Z v Fy Q 0 vG Vio �aS �`� d¢Q aG W p4h� �10Oo a oQ O'x wxo Oo V v��c Uh w�� U�� Qw �O aU U � y z� ¢Opp T T ./z� [¢a .O.r Fw ca N O N O O O U O O M O U H O q w O < 0° OO QUO C) ° p° OOO Vi Q V O m C v) V Page 210 of 233 P U c � Q �r A� U � 0.z X 4 k, 4' o ti �o b O 0 do 9 O 6 O F � I a e a Y_ dd d Oh 9 O G m 7 9 p L � U h L {ZI T v o 0 3E 0 b 0 v 0 N O �a M M Page 211 of 233 x �W O°.G og W 4ONO I A�U�`W"aOAaA• A �ovo�a�'KUC7o C7 o0�o N n 7 � h � W � r M M N N s C� O L � F v a 4 qv V. 0 u L O = 0 0 � u= �q44,6 > V 4 w b a °o a E M vi oo Cc @ � a o" Q x w x �W O°.G og W 4ONO I A�U�`W"aOAaA• A �ovo�a�'KUC7o C7 o0�o N n 7 � h � W � r M M O O R h N 0 0 0 � N N Opp V w b M O M vi oo r" a o" C7 a n r o 0 0 a 00 O O O O y W M V1 N I••i (." Q� OF N I O O O O O O O O x �W O°.G og W 4ONO I A�U�`W"aOAaA• A �ovo�a�'KUC7o C7 o0�o N n 7 � h � W � r M M O N M aW N wa r e Page 212 of 233 0 0 0 O C7 a v a a s a v as � b� a N N I••i (." Q� OF I O O O O O O O O O N M aW N wa r e Page 212 of 233 vi vi O O N N l� G h N O oc T �O N o\ p CO r 4` P C O N N O CI �n �O vi 7 00 ND N N �n V^ N EO m rn N N D• 7 M O ^ M N ¢ y d V y N d V V Q O U P.� W ao NaN¢ y Sy u a W OoQ U v F V! F 0 W rn ul 0000045 h _ h Ua0.� 3¢ w �vv3¢3¢wvwewa��i�n 0 p v v v p o 6 oc W fA v [4 to Q ti O m C N G d A m m U C1 it; W 5 W A ^ y ^ U A = � z v a v v W a v v^ a v v c v^ v^ v N O r O C N N b M > ON M d00 OO O ^ F U Page 213 of 233 Page 214 of 233 M CO M O r O ,D ,D O; o? w M m M ' O, N O C O' ,n O O� vi N O� ¢ M O N V N h N N ¢ U 8 U 9 a 4 w a U p_r.p` p p�wNwNw�w� y p Z O z O z A Z v, ZNzN N No<v z90 p ��1 o o�o i o Ce �C7 NC7Oo NC7Oe O 44 m v 0ao _ U 10 U � v u d o U 7c7 a ¢ o �d in °wxe uryie Wy� e ¢Qz'zW e x _ o 5 AF. r� ¢�C7 [w��aoe onon a EF onFO oy'o W'o a'ow'oQ"a °O°O °O °o,0 °oxo° zd6W 6sA v�oF��r °UvUv4;D oN nr ng n U.a ..a :D C5 �.i �i �o ,d�v> 0.^ ~ � r c �¢z V o v d .0 a v v v v a a v v v v v v e e V >; a d, .. ,.. ,o d, ._. ,-. o vA A A N v% r r�- 0 N N N N N M 0 M 0 M O O O O O O O O O O O O O C O m �¢ �O G d, 64 4 4 4 4 4 4 4 4 4 4 O O O O O O O O O O O O O O O Page 214 of 233 M 1 Q w 0. 0 a w h w v, w �zozo Qw� a n QF • q+r g6gQG 'V o 0 m O E o 7 Q U La pS r o U lF c •0 9 '� '� '� d d d V d V u Q O O N N O O h R C N N N N O O F Q O O O O O O m e e W d M O Page 215 of 233 y vi O C l� n e7 O aN O Q V a M 7 vii Q Q w 0. 0 a w h w v, w �zozo Qw� a n QF • q+r g6gQG 'V o 0 m O E o 7 Q U La pS r o U lF c •0 9 '� '� '� d d d V d V u Q O O N N O O h R C N N N N O O F Q O O O O O O m e e W d M O Page 215 of 233 Suite IBDO r Tel: 907-278-8827 1601 C bdo com5779 Anchorage, AK 99503 June 30, 2014 Honorable Mayor and City Council City of Kenai, Alaska Professional standards require us to communicate with you regarding matters related to the financial statement audit that are, in our professional judgment, significant and relevant to your responsibilities in overseeing the financial reporting process. This report provides an overview of our plan for the audit of the financial statements of City of Kenai, Alaska (the City), as of and for the year ended June 30, 2014, including a summary of our overall objectives for the audit, and the nature, scope, and timing of the planned audit work. We are pleased to be of service to the City. Please feel free to contact Michelle Drew should you have any questions regarding the audit plan, or if you would like to discuss any other matters that may be of interest to you. Respectfully, 1�Do U'SA' be P BDO USA, LL p, a Delaware IimUed IiabiBty prtnenhip, is the U.S member n BDO Inl.rn.tU nal LimlLed, a UK company Umned U, guawtee, and loans pan of the intematimat BDO network of independent member firms. BDO is the bread name far the BDO network and for each of the BDO (rube, fins. Page 216 of 233 ' Client Service Team Our client service members for this year's audit services are listed below. As a matter of policy, we attempt to provide continuity of service to our clients to the greatest extent possible. Where key engagement team member transition rotation is necessary, we will discuss this matter with management or those charged with governance and determine the appropriate new individuals to be assigned to the engagement based on particular experience, expertise, and engagement needs. Engagement Team: • Engagement Partner - Michelle Drew • Senior Auditor - Sam Thompson • Audit In- charge - Andrew Krysinski • Audit Staff - Jin Chen • Audit Staff - Bryan Beard In addition to the on -site fieldwork audit team, we will be teaming with BDO national personnel to provide you with the most experienced expertise. Numerous individuals are available to provide technical consulting and /or review on an as needed basis. The following individual has been specifically assigned to this engagement. • Technical Reviewer - John Bost Independence Communication Our firm and its personnel comply with applicable professional independence standards - to include financial interests, business and family relationships, and non -audit services that may be thought to bear on independence. In addition, our policies restrict certain non -audit services that may be provided. Page 217 of 233 Management's Responsibilities Management is responsible for preparing, with the oversight of those charged with governance, the financial statements and disclosures in conformity with accounting principles generally accepted in the United States of America. Management's responsibilities also include the following: • Establish and maintain effective internal control over financial reporting and proper accounting records. • Identify and ensure compliance with relevant laws and regulations. • Safeguard the City's assets. • Select appropriate accounting principles. • Use reasonable judgments and accounting estimates. • Draft the financial statement and complete a GAAP disclosure checklist to ensure there are no significant financial statement disclosure deficiencies. • Make all financial records and related information available to BDO. • Record material audit adjustments and affirm to BDO that the impact of uncorrected misstatements is immaterial to the financial statements taken as a whole. • Provide BDO with a letter confirming representations made during the audit. Page 218 of 233 Engagement Objectives Our objectives with respect to the audit of the City annual financial statements are summarized below: • Plan and perform an audit to obtain reasonable assurance about whether the financial statements are free of material misstatements, whether caused by error or fraud. An audit in accordance with auditing standards generally accepted in the United States of America does not provide absolute assurance relative to or any guarantee of the accuracy of the financial statements and is subject to the inherent risk that errors or fraud, if they exist, may not be detected. • Obtain a sufficient understanding of the City's internal control to plan the audit of the financial statements. However, such understanding is required for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. • Communicate our responsibilities in relation to the audit and establish an understanding of the terms of the engagement. • Provide an overview of the overall audit strategy and planned scope and timing of the audit. • Inquire of those charged with governance about risks of material misstatement, including fraud risks, and whether those charged with governance are aware of other matters that may be relevant to the audit such as violations or possible violations of laws or regulations and complaints or concerns raised regarding accounting or auditing matters. • Coordinate with others within the City, as appropriate, to optimize audit effectiveness and efficiency. Consult regarding accounting and reporting matters as needed throughout the year. • Communicate with management and those charged with governance regarding significant deficiencies and material weaknesses identified during our audit and other timely observations that are significant and relevant to the financial reporting process. • Work with management toward timely issuance of financial statements. • Maintain our independence with respect to the City. Ensure that those charged with governance are kept appropriately informed in a timely manner of the City's financial reporting matters; comply with professional standards as to communications with those charged with governance. Page 219 of 233 Overall Audit Strategy - Planned Scope Overall, our audit strategy is to focus on higher risk areas of material misstatement (whether due to error or fraud) and other areas of concern for management and those charged with governance. Our audit strategy includes consideration of: • Prior year audit results along with interim results, including discussions with management and those charged with governance regarding the City's operations, business activities, and risks. • Inherent risk within the City (i.e., the susceptibility of the financial statements to material error or fraud) before recognizing the effectiveness of the control systems. • A continual assessment of materiality thresholds based upon qualitative and quantitative factors affecting the City. • Recent developments within the industry, regulatory environment, and general economic conditions. • Recently issued and effective accounting and financial reporting guidance. • The City's significant accounting policies and procedures, including those requiring significant management judgments and estimates and those related to significant unusual transactions. • The control environment, risk management and monitoring processes, and the possibility that the control systems and procedures may fail to prevent or detect a material error or fraud. We will place reliance on internal controls, where applicable, in determining the degree of detailed substantive testing required. • Information about systems and the computer environment in which financial records and related systems operate. Based upon our initial assessment, our audit will entail a combination of testing controls for reliance and substantive testing. Page 220 of 233 1 i Overall Audit Timeline Our goal is to conduct and complete the audit in a timely manner. The overall timeline for these services is noted below. • "Preliminary fieldwork" will take place from Anchorage, utilizing electronic data transfer, email, and phone exchange. This will take place during early July 2014. • Final fieldwork wilt take place in Kenai - September 291h through October 3rd. We welcome any member of the council to stop by and see us with any questions or concerns. At that time, we wilt be contacting some members of the council to conduct our annual audit related questions. • Review of financial statements, wrap up - October • Target opinion date - mid November Contact Information We would be happy to answer any questions you might have regarding the audit. And also, this is a good opportunity for you to communicate any specific areas of focus or concern that you have regarding the audit or audit plan. You can contact us at (907) 278 -8878 any time with issues or concerns. You can also reach us by email at the following: • Michelle Drew - mdrew @bdo.com • Sam Thompson - sthompsonObdo.com Page 221 of 233 P \N, Ike a�af // KENUALA SKA PARKS & RECREATION MID -MONTH REPORT July 2014 Crew members have been busy performing a variety of routine and non - routine maintenance tasks. The mowing schedule has been refined and individuals responsible for turf maintenance have been doing a great job to date keeping up. Crews added wood chips to the grove of trees at the Public Safety building and other areas throughout town. Flower displays were placed early June in addition to planting of the various beds throughout town, including two new barrel displays at Municipal Park. The repurposed wooden pallets placed at the library entrances have been extremely popular and generates a lot of interest. The Department coordinated with Boys and Girls Club on repainting of the fence between the Recreation Center and Elks Lodge. The weather has hampered there progress some but will look nice once completed. Boys and Girls Club will also be painting lady bugs for us to display in flower beds throughout town. A lot of the department's time recently has been dedicated toward gearing up for this year's personal use fishery. Preparation included staff training, procurement of supplies and placing of signs, etc. The beach area has been completed by the contractor at Daubenspeck Family Park. The banks near the sand beach will yet be hydro- seeded by a contractor. Additionally, the hill off Lawton across from Walmart has been hydro -seed with a wild flower mix. Seedlings are beginning to germinate but will be a few more weeks before blooming. The contractor is nearly complete with the new landscape bed at Leif Hansen Memorial Park. This will be a nice addition to the area once completed. Clean up efforts off Kulila Place went well. There was a total of 48 yards of debris hauled by Alaska Waste and at least half of that amount removed by our crew members. The carnival back in June went well and no issues were reported back to the department. The 4th July festivity on the parkstrip went as planned as well. Page 222 of 233 PUBLIC WORKS DIRECTOR < CAPITAL PROJECTS MANAGER hf MID -MONTH REPORT TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager DATE: July, 2014 SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • Alaska Pollution Discharge Elimination System (APDES) permit - pending ADEC review. • Lift Station Telemetry Replacement — In progress. • WWTP O &M Manual Update — In progress. • S. Spruce & Third Ave. Repair — Waiting for FEMA concurrence to advertise. Capital Projects: • Maintenance Facility — Punch list, additional authorized work, and closeout in progress. • Kenai Industrial Park — Proposal to pulverize asphalt and place and compact it on Marathon Road requested from contractor. • Central Heights Roadway Improvements — Closeout will commence after seeding is established. • Vintage Pointe and Senior Center Siding — Construction in progress. • City Hall and Senior Center heated sidewalks and Boiler Replacement — Construction in progress. • Police Dept. Parking Lot Improvements & Citywide Asphalt and Concrete Improvements — Additional scope of work being identified. • Kenai Airport Airfield Marking — Construction complete. Closeout in progress. • Old Town Overland Ave. Sidewalk — Proposal to construct requested. • Reservoir and Water Main Design — Agreement executed. Design in progress. • Magic Ave. design. — In progress. 95% drawings received. • First St. pavement and curb upgrades design — Funding required. • Flight Service Station Upgrades — Restroom and sidewalk improvements awarded. Contract execution in progress. • Public Safety Building Improvements — Boiler replacement design complete. Additional funding required to execute boiler replacement. • Daubenspeck Park Beach — Construction in progress. • Airport Security Camera Replacement — Contract execution in progress with consultant to prepare RFP for design. • South Beach Road Design — Resolution to award. Page 223 of 233 KENAI SENIOR CENTER July 2014 REPORT the eiYy a/ KEN \vim SKA o: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: July 7, 2014 Total June Meal Count 2014 Served: Total Congregate Meals Served: 1,269 Total Home Meals Served: 2,070 Total June Meal Count 2013 Served: Total Congregate Meals Served: 1,102 Total Home Meals Served: 2,327 June Rentals: 1 Volunteer Hours: 452 We have received notification from the Borough and NTS grants. All grants remain the same as last year for the FY15 budget. United Way funding was down almost $700.00. Admin. Assistant had 15 appointments for various senior issues. There were 1,326 congregate meals and 2,070 home meals prepared this month. This past fiscal year we served 37,286 meals. 23 Seniors participated in 11 weight resistant classes, 7 participated in 11 exercises, 7 seniors participated in 8 Tai Chi classes, 8 seniors participated 11 times in Zumba, and 43 seniors participated in blood pressure checks with 3 seniors requesting summaries to take to doctor's appointments. 5 seniors participated 43 times with practice as well as providing entertainment to Forget -Me -Not Adult Day Service, Heritage Place and Nikiski Senior Center. There were 10 line dancers that practiced and entertained 49 times this month. 85 individuals participated in three Thursday night Blue Grass events. There were 48 seniors participated in 4 Bridge games this month, 103 seniors participated in Pinochle, 10 seniors participated dominoes 10 times this month, 11 seniors frequented the computer/I -pad class, 4 seniors participated 4 times in a game of Tri -poly, 9 seniors participated in 4 Spanish classes. The outreach worker led the knitting and ceramics classes. During this month, 2 seniors participated in 4 classes, and no one participated in ceramics this month. She made 10 visits: 4 to the hospital, 2 two Heritage Place, 2 to two assisted living homes and 2 were home visits. One of our volunteer drivers began the summer "Mystery Drive." 7 seniors participated on the drive. The seniors look forward to these outings and 10 are signed up for the next drive in July. There was an outing to Anchor Point with 9 seniors participating. The area -wide picnic was held in Kenai. Due to rain, it was held at our senior center. We had a great turn out from ALL the area -wide senior centers. It is the first time Ninilchik has participated. Each senior center contributed food for the event. This year the entertainment was our local Blue Grass Group. There were 230 seniors that participated with 63 from our senior center. 103 were present for Father's Day luncheon, 10 seniors participated in Baseball Day, 58 participated in "Log Cabin Day. On Log Cabin Day, seniors built log cabins out of Lincoln logs and then voted on the best one. Join us for the quarterly dance on July 18. The "Button Box Gang" from Anchorage will be playing polka music. Bring a finger food to share and $5.00 will get you into the dance! Guaranteed a great time, even if you don't dance, you will enjoy the music!! Very fun! Page 224 of 233 I "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 W Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111. f 1992 TO: Chief Gus Sandahl, Lt. Dave Ross FROM: Cora Chambers - Kenai Animal Shelter DATE: 07/05/2014 SUBJECT: June Monthly Report This month Kenai Animal Shelter took in 97 live animals, and 8 Doa's totaling 105 animals handled. Here is a breakdown of animal intake and disposition. Dogs: Intake : 53 Disposition: Waiver 11 Adopted 17 Stray 36 Euthanized 03 Impound 04 Claimed 25 Protective Custody 01 Field Release 00 Quarantine 01 Transferred to Rescue 21 Other Cats: Intake: ® Disposition: Waiver 21 Adopted 18 Stray 25 Euthanized 05 Impound Claimed 0 Protective Custody Transferred to Rescue 19 Field Release 01 Other Other Animals: 0R OS' Rabbit 01 Adopted 01 Claimed 01 Rodent 03 Adopted 03 DOA: Dog 4 Cat 4 3 Citations 37 Animals were left in the overnight drop off kennels. 25 Animals are known borough animals 39 Field Investigations & patrols Page 225 of 233 39 Volunteer Hours Logged Kennel Permits Community Projects: POLICE DEPARTMENT MID -MONTH REPORT June 2014 i!k _!_>1 p KENALALA SKA TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 719/14 SUBJECT: Police & Communications Department Activity — Month of June 2014 Police handled 672 calls for service. The Communications Center received 385 emergency 9 -1- 1 calls (260 from cell phones). Officers made 39 arrests and wrote 190 reports. Traffic enforcement resulted in 80 warnings, 11 speeding tickets, 1 seatbelt tickets, 5 citations for equipment violations, and 40 citations for "other" traffic violations. There were 6 DUI arrests (1 felony). Officers investigated 12 motor vehicle crashes. None of the crashes were DUI related, and two of them involved moose or caribou. For the first 2 weeks of June, Officer Russell traveled out of state for Drug Recognition Expert training. For most of June, officers and Investigators dedicated the majority of their time to the Missing Person investigation. Page 226 of 233 dll W KENAI COMMUNITY LIBRARY MID -MONTH JULY 2014 Adult Non - Fiction 1,330 In -House circulation 443 Young Adult Fiction 322 Video 0 Periodicals 93 Room Booking 152 Juvenile Fiction 698 Music 48 Juvenile Non - Fiction 361 DVDs 2,540 Easy Fiction 1,445 Audio books 178 Easy Non- Fiction 319 Miscellaneous 235 Interlibrary Loan 24 Computer Programs 10 Total Print 6,222 Total Non -Print 4,485 June Circulation Figures Adult Fiction 1,630 Internet Access 1,322 Total Circulation 10,707 In -House circulation 443 Library Door Count....... 8,598 Downloadable Audio 416 Freegal Music 118 Downloadable EBooks 582 In June we had 4 volunteers who put in a total of more than 16 hours. There were 15 Children's programs with 620 total in attendance and 10 adult programs with 17 participants. Inter Library Loan logged 25 orders with 23 items received, 29 returned and 31 items lent by our library to other institutions. Page 227 of 233 NNE Library Cards Issued June Income Anchor Point I Fines $ 818.63 ILL 1 Xerox 67.25 Kasilof I Lost/Damaged 122.28 Kenai 38 Test Proctoring Fee 80.00 Non 16 N on Resident 8 Printing 267.75 Soldotna 19 Other 0.00 Sterling 3 Total income $1,355.91 1 Other Peninsula 11 FY Circulation The Summer Reading program is up and running. This year's theme is Fizz, Boom, Read! We had a 200,000 huge turnout for the Stevens Puppet's performance of Beauty and the Beast. 150,000 100,000 [, �. i. l We have received notification that we will 501000 �1 hi receive $6,650 for the annual Public Library 1 Assistance grant. 2006 2007 2008 2009 2010 2011 2012 2013 2014 Page 227 of 233 nai Municipal Airport Airport Improvement Program: July 2014 Airport Manager's Report Update Master Plan — A revised Phase 2 report was given to City Administration on May 22 and is being reviewed. Phase 2 Update Master Plan (Aeronautical Survey) — This project is going very well. The sub consultant was here the week of July 1 setting panels and surveying. The aerial photography for the imagery was performed July 4 & 51h. The sub will start the mapping process which will take approximately 2 months. They will return the end of August, first of September to complete quality control which should take about 2 weeks. Airfield Marking Project — The contractor returned on June 29, 2014 to complete the reflectometer tests. The closeout process has begun. Tenants have stated the painting looks really good. Security Camera Project — A project scope and cost has been submitted by Wince- Corthell- Bryson for review. The Airport plans to put out a design -build request for proposal and have this project ready to go the next time the FAA has grant authority. Snow Removal Equipment (SRE) — The FAA has the grant application and we are waiting for the grant offer. In-house: Operations: Staff is busy making sand, mowing, crack sealing, hazing, and landscaping, etc. The Airport is also advertising for a full -time Airport Operations Specialist position which was approved in the FY2015 budget. The job announcement closes on Friday, July 11. 1411 KPAF: The air fair was again a big success. Thank you to all fellow co- workers, volunteers, financial sponsors, and poker prize sponsors. This event just would not happen without the generous contribution of time, money, and hard work. Over 400 people came to the barbeque and enjoyed a great meal. (Please see letter of appreciation on the back of this report). 2014 -07 Page 228 of 233 FLOAT PLANE BASIN ACTIVITY 2010 -2014 ----------------------------------------- ----- - - - - -- -------- OPERATIONS 2013 2012 Month --------------- 2014 2013 2012 2011 -- 2010 MAY $292 30 33 12 $2,752 49 109 JUNE $2,027 79 93 149 $2,533 135 170 JULY $3,285 168 172 $2,497 162 228 AUGUST $824 $2,211 161 195 124 192 SEPTEMBER $43 Total 139 29 $12,784 86 83 OCTOBER 67 10 56 20 NOVEMBER 0 0 Closed Closed Total 109 661 567 612 802 ------------------------- - - - - -0 not reported ----------------------------------- FUEL SALES - - - - -- Month 2014 2013 2012 2011 2010 MAY $1,151 $622 $292 $150 $521 JUNE $2,752 $2,636 $3,206 $2,558 $2,027 JULY $3,517 $2,533 $4,421 $3,870 AUGUST $3,285 $5,929 $3,535 $2,497 SEPTEMBER $1,740 $824 $2,211 $1,447 OCTOBER $255 $0 $576 $43 Total $3,903 $12,055 $12,784 $13,451 $ 10,405 Slips Rented Private Commerical Page 229 of 233 Rev 7/2014 To: Rick Koch, City Manager FINANCE DEPARTMENT MID -MONTH REPORT ✓� /From: Terry Eubank, Finance Director / l Date: July 10, 2014 Re: Monthly Report July 2014 The department has been extremely busy since the beginning of the new fiscal year on July 15t. The transition of the employees' health care insurer has been in full swing and seems to be progressing well. The department has been working hard to prepare for the 2014 Personal Use Fishery. IT has assured all shacks are online and ready to process transactions, software enhancements are complete, and City Hall is prepared for daily reconciling activities. With the completion of the budget the department's focus has switched to closing of FY14 and completion of the City's Comprehensive Annual Financial Report. This process includes closing of the FY14 financial records, fiscal year end grant reporting and finally financial statement preparation. The annual audit is scheduled for the week of September 29th. 1-- j @ Z \ ] & e w § o j)/ o \\ \\ w ° F)°) M k w # � < \ o ) z ) ( + \ \ \ } \ \ \ \ < ° / / z [ } ( / \ 2 ƒ ) z § j ( \ ( / } \ \ } 6-; \ > \ { / / [ z z ) \ \ \ ■ _ - u W W i) { m ) a [ = e ® g ui § ( ° $ / 3( 3 3 } / ) 9 9 \ / ( \ e z G / G / - - z k \ § \ I m ( \ z ( < / G Lu ` CO 2 ) ° § _ } \ a- (D Z \ o M � ( } \ � / § ) ) ® ( } § > / } # j / / a = § § \ _ \ ) / ) ( J < \ e \ § j W( o}# 5( A j }} = R S C m ty § 2 / w w § z y z \ § w / ƒ \ � § \ / } \ \ J S ) _ ( ( e ( e CO § ° / § § } \ / / i / \ } / } \ \ } i \ } ] 2 / < § § / a < e i c g / 7/ m e / 0 p w g � ® a / » ( z / ~ m & G & % ± / w z § 2 < \ e 2 / ± / / E § s a y < % z 3 Q§ e R S/\ /§ CO // ) t w 1 5< 3) 2 E ƒ / } } < / / \ ( w < \ ( \ } \ Page 231 y 233 < [PAGE LEFT BLANK INTENTIONALLY] Page 232 of 233 PENINSULA 2014 BOARD OF DIRECTORS President Mike Tice First Vice President Ken Cole Second Vice President Mike Baxter Third Vice President 07mie Osborn Secretary Sharon Hale Treasurer Charlie Pierce Board Members ASEBALL June 27, 2014 RECEIVED JUL 17 2014 Kenai City Clerk's Office We are a volunteer, non - profit organization established in 1974 to promote baseball on the Kenai Peninsula. Along with preparing college baseball play- ers for a future in the major leagues, the Oilers provide a number of scholar- ships to local high school seniors to further their educational pursuits. The Oilers also conduct Little League clinics in the local communities of Kenai, Soldotna, Seward and Homer. The Oilers are proud of their rich history of countless players & coaches who have gone on to professional baseball careers, many of them in the Major Leagues. This year we even have a pitcher from Sterling, Alaska, Mitchel Daugherty. It is through continued community support, the Oilers look forward to an exciting future of bringing top quality baseball to the Kenai Peninsula but we need your help! Peggy Baxter As you knout, we were thrown a few curve balls this year. The roof of our grandstands we Votmie Pierce off in the recent wind storm, our fence blew down in a storm before that and the roof to Ron Malston our office had $40,000 in damage this winter. We are in dire need of funding to Dom Weller replace these assets. We are busy trying to fill the gap with small fund Dave raisers, raffles and bake sales —but we know the money raised will not Segum make a dent in our expenses. Dan Gensel We are asking for local support in the form of dollars, to help keep the Peninsula Oilers Frank Kassik season on track. As a board we are committed to doing everything possible to ensure this success. Dan Aaronson Who is willing to hit a home run with the Oilers and knock this out of the park? Duke Minium Won't you please help? Mike Nusbaum Paul Lorenzo Sincerely, Joel Macmnder 2014 Oilers Board of Directors Robert Spealanan Supported by: Jeff Thompson Tommy Cam"?/jfy Paula Perkins Mike Chenault, Speaker of the House Senator Peter Micciche Clint Chanley ' Greg Beckman � James Milburn Mike Navarre, KP Borough Mayor Pat Porter, Kenai Mayor N.B.C. National Champions 1977 • 1993 • 1994 Peninsula Oilers Baseball Club • P.O. Box 31 W Ken 3� la 9611 age 0 • (907) 283 -7133 •Fax (907) 283 -3390 �3�3 NOTICE OF PUBLIC HEARING AUGUST 6, 2014 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2780 -2014 - Amending KMC 12.40.010 - Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. [Clerk's Note: At its July 16' meeting, Council postponed this ordinance to the August 6t^ meeting, motion to approve is on the floor.] 2. Ordinance No. 2781 -2014 - Amending KMC 1.85.050 - Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information. 3. Ordinance No. 2782 -2014 - Enacting KMC 14.20.171 - Group Care Facilities, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Define and Provide Zoning Regulations for Group Care Facilities. 4. Ordinance No. 2783 -2014 - Enacting KMC 14.20.172 - Emergency Shelters, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Provide Zoning Regulations for Emergency Shelters that Provide Temporary Housing for Homeless and Others in Need of Safe Accommodations. 5. Ordinance No. 2784 -2014 - Amending KMC 14.22.010 - Land Use Table, to Designate Airports as a Conditional Use Instead of a Permitted Use, in Central Commercial, General Commercial, Light Industrial and Heavy Industrial Zones and to Clarify the Intended Land Use. 6. Ordinance No. 2785 -2014 , Accepting and Appropriating a Grant4rom the State of Alaska for the Purchase of Library Books. 7. Resolution No. 2014 -51 - Establishing a Kenai Business Improvement Program. 8. Resolution No. 2014 -52 - Prescribing the Officials Bond Amount for the City Administrator and Finance Director Pursuant to Section 4.3 of the Kenai Municipal Charter. 9. Resolution No. 2014 -53 - Awarding a Professional Services Agreement in the Amount of $112,178 to Nelson Engineering, P.C., for Design and Construction Administration for the Construction of South Beach Access Road. 10. Resolution No. 2014 -54 -Authorizing the Use of the Equipment Replacement Fund to Purchase an Attachment for the New Volvo L110 Loader and Authorizing an Increase in the Loader's Purchase Contract for the Purchase of the Attachment. 11. Resolution No. 2014 -55 - Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060 and 7.15.070. 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 and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Ple*-e-N advised, subject to legal limitations, ordinances and /or resolutions may be amended by t e C c' prio t option without further public notice. Sandra diffi, CM it_y Clerk Posted. ugust 1, 2014. 22h. COUNCIL PACKET DISTRIBUTION MAKE 13 PACKETS Council Meeting Date: August 6, 2014 Mayor Library Clerk Gabriel Fire Department Boyle Mellish Hall Binder Navarre Parks & Recreation Schmidt Cit Attorney City Manager ELECTRONIC COPY NOTICE Send out notice to Council and All with link to the Agenda & Council Packet DELIVER Council packets to Police Department Dispatch Desk. Mellish & Schmidt pick up their packets in the Clerk's Office. Sandra Modigh From: Ryan Marquis <Ryan @marquisforkenai.com> Sent: Tuesday, August 5, 2014 11:33 AM To: Sandra Modigh Cc: Pat Porter Subject: Telephonic Participation Hi Sandra, I'm out of town - -in Fairbanks- -and request to participate in Wednesday's meeting telephonically. You can reach me on my cellphone: 907 - 398 -8058. I'll be able to receive any additional lay down items by email, as well. Sandra Modigh From: Sandra Modigh Sent: Wednesday, August 6, 2014 11:41 AM To: Brian Gabriel (bgabriel @ci.kenai.ak.us); Mayor Porter, 'Mike Boyle'; Robert Molloy;'Ryan Marquis'; 'Terry Bookey'; Tim Navarre Cc: Rick Koch; Scott Bloom Subject: 8/6 Telephonic Participation -- Marquis Pursuant to code, this will serve as your notification that Council Member Marquis will be participating in tonight's meeting telephonically. Thanks! PUBLISHER' UNITED STATES OF AMERICA, STATE OF ALASKA ss: Georgia Putney being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: August 4, 2014 X— SUBSCRIBED AND WORN to me before NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 1- Jun -18 AGENDA �yr KENAI CITY COUNCIL— REGULAR MEETING AUGUST 6,2014-7:00 P.M. KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2780 -2014 — Amending KMC 12.40.010 — Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking 'of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. (Clerk's Note: At its July le meeting, Council postponed this ordinance to the August a meeting; motion to approve is on the WISVIV I N3g� "'7 qN lind aax„na� al vg 'Orl.InoA �t1�/� 3H,L in Sn uiopp � `�` L- SZ$1 ..... ................... calge1053A pue 3011 glim sg12i IjogS ueatoH N8NN1(1