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HomeMy WebLinkAbout2005-04-06 Council PacketKenai City Council Meet ing Packet April 6, 2005 AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 6, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBEI~ http://www, ci.kcnai.ak.u s ITEM A: CALL TO ORDER 1. Hedge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCII~ ITEM E: RE~RTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS , ,, , ,, Ordinance No. 2078-2005 (As Amended) -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." Ordinance No. 2085-2005 -- Clarifying KMC 22.05.080(a) and Amending It by Adding Language to Allow the City to Lease, Devote or Grant Real Property to Qualified IRS Section 501(c)(3) Non-Profit Corporations Without Public Sale at an Agreed-Upon Consideration. Ordinance No. 2086-2005 -- Declaring Parcel #049-130-14 KN0001422 T05N Ri 1W SO 1 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is Needed for a Public Purpose. Resolution No. 2005-08 -- Increasing the Water and Sewer Rates. Se Resolution No. 2005-09 -- Approving the Sale of Lot Five (5), Block One {1), Evergreen Subdivision, Kim Addition. . . Resolution No. 2005-10 -- Transferring $4,400 in the Water and Sewer Specie Revenue Fund to Pay Increased Communication Expenses. Resolution No. 2005-11 -- Requesting the State Legislature to Provide Funding to Mumcipalities for PERS Increases. o *Liquor License Renewals a. BPO Elks Lodge #2425/Club b. Rosita's Mexican Restaurant/Beverage Dispensary License c. The Rainbow Bar/Beverage Dispensary License ITEM G: MINUTES , *Regular Meeting of March 16, 2005. *March 2, 2005 Work Session Meeting Notes ITEM H: OLD BUSII/E~S ITEM I: NEW BUS~ 1. Bills to be Ratified , , Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2087-2005 -- Amending KMC 23.40.030(/) to Change the Amount of Leave Time an Employee Who Works the Equivalent of a 56-Hour Work Week Must Take Per Year From 112 Hours to 80 Hours. . *Ordinance No. 2088-2005 -- Amending KMC 23.30.110(b) and (c) to Change the Automobile Expense Mileage Rate From $.30 Per Mile to the Standard IRS Mileage Rate and Change the Per Diem Travel Expenses From $35.00 to $50.00 Per Day. Se *Ordinance No. 2089-2005 -- Replacing KlVIC 4 to Adopt: 1) the International Building Code, 2003 Edition of the International Code Council; 2) the International Property Maintenance Code, 2003 Edition of the International Code Council; 3) the International Mechanical Code, 2003 Edition of the International Code Council; 4) the Uniform Plumbing Code, 2003 Edition of the International Association of Plumbing and Mechanical Officials; 5) the National Electrical Code, 2005 Edition of the National Fire Protection Association; 6} the International Fuel Gas Code, 2003 Edition of the International Code Council; 7) the International Residential Code, 2003 Edition of the International Code CounCil; and 8) the International Existing Building Code, 2003 Edition of the International Code Council. , *Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, First Printing. , o , *Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add Quahfication Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus Operators. Discussion/Approval -- Termination of Lease / Kenai Municipal Airport, Space 21 -- Roger and Linda Petrey, d/b / a Wing's Family Diner. Approval-- Request to Lease/Kenai Municipal Airport, Space 21 -- Dorothy A. Fischer, d/b / a Alaska's Best Travel. 10. Discussion-- Agrium U.S. Inc. Petition for Trade Adjustment Assistance 11. Discussion -- Airport Land Development ITEM J: COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: , ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUT~ SESSION -- Negotiations regarding repurchase of airport property. ITEM N: ADJOURNMENT MAYOR'S REPORT APRIL 6, 2005 REGULAR COUNCIL MEETING ADD TO: CHANGES TO THE AGENDA Item F-4~ Resolution No. 2005-08 -- Water/Sewer rate recommendation/comparison. REOUESTED BY: PUBLIC WORKS CONSENT AGENDA MAYOR'S REPORT 0 Z 0 > zn"~wZW ~m ~o I-- ILl LLI Suggested by' Adh ......... ~,,,,, CITY OF KENAI ORDINANCE NO. 2078-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND REPLACING KMC TITLE 17 ENTITLED "PUBLIC UTILITIES AND ENTERPRISES" AND KMC APPENDIX ENTITLED "PUBLIC UTILITY REGULATIONS AND RATES." WHEREAS, the current Kenai Municipal Code, Title 17, and the Utility Regulations have not been updated in several years; and, WHEREAS, changes to the Code and Regulations will' · Update and clarify the rules and regulations. · Organize the rules and regulations. · Make the rules and regulations easier to read and understand. · Make the rules and regulations fair to all users. · Make the items that are common to water and sewer consistent. · Delete the rules and regulations that are outdated and never used before. · Increase operational service costs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC Title 17 entitled "Public Utilities and Enterprises" and KMC Appendix entitled "Public Utility Regulations and Rates" be repealed and replaced as presented in Attachment A, "Public Water and Sewer Utilities" and Attachment B, "Public Utilities Regulations and Rates." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk/~ Approved by Finance: Introduced' March 16, 2005 Adopted: April 6, 2005 Effective' May 6, 2005 Attachment A Ordinance 2078-2005 Title 17 PUBLIC WATER AND SEWER UTILITIES Chapters: 17.05 17.10 17.15 17.20 17.25 Water System Connection to Public Water System Sewer System Connection to Public Sewer System Prohibited Discharge of Certain Substances into Sanitary System 315 Chapter 17.05 WATER SYSTEM Sections: 17.05.010 17.05.020 17.05.030 17.05.040 17.05.050 17.05.060 17.05.070 17.05.080 Definitions. Connection/Extensions. Private systems. Service outside city. Plugged or frozen connections and extensions. Discontinuance of service. Rules, regulations, and rates. Penalty for late payment. 17.05.010 Definitions. (a) "Water main" shall mean that part of the water distribution system intended to serve more than one water connection. (b) The term "water connection" shall mean that part of the water distribution system connecting the water main with the lot line of abutting property. (c) The term "water extension" shall mean that part of the water distribution system extending from the water connection into the premises served including the valve and valve box. 17.05.020 Connections/Extensions. (a) Water connections to City water main shall be installed only by the City or by City-approved contractors and then, except as provided elsewhere in this Code, only upon payment of the fee as provided by the roles and rates schedules adopted pursuant to this Code. (b) No person shall install a new or make a change in an existing water extension or water connection without first obtaining and paying for a written permit from the City. The water (and sewer) permit is valid for only twelve (12) months from the date of issue. If the water and/or sewer line is not installed within this twelve (12) months, a new permit, at no additional cost, will be required. The City will attempt to notify the owner when the permit expires. The owner can later reapply for a permit. If the owner can prove they already paid the City for a permit in this same location, the owner will not be charged for the new permit. (c) No water service line shall be installed without a valve and valve box between the water connection and extension. (d) No water connection or extension shall be made or backfilled until it is inspected and approved by the City. The Contractor shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. The 24-hours advance notice does not include weekends or holidays. A fee for a water permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. (f) Owners of new or significantly modified commercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the City. 17.05.030 Private systems (a) No person shall construct or change any private water main, connection, or extension which will be served directly or indirectly by the City water distribution system without first obtaining and paying for a written permit from the City and following any outlining conditions prescribed by the C~ty. 17.05.040 Service outside city. (a) No property located outside the limits of the City shall be served directly or indirectly by the City water system unless such main, connection, or extension has been authorized by Council either in the individual case or 316 as part of a water addition specifically authorized by Council. (b) Each water service, which is outside the City and connected to the City water system shall be charged as set forth by the regulations. The charge shall be the obligation of the owner of the premises served by the City water. 17.05.050 Plugged or frozen connections and extensions. (a) The City is not responsible for water extensions or for water connections. (b) The property owner will be responsible for all frozen water connections and extensions, and the City will not be responsible therefore. (¢) Thc City will maintain and repair City- installed water connections that arc damaged by a s~'uc~al, mechanical failure or broken pipe. If a contractor or utility company caused thc problem, thc City will ask them to make thc repairs or pay for thc repairs. 17.05.060 Discontinuance of service. (a) Water may at any time be shut off without notice for repairs, extensions, or other necessary purposes. The City will not be liable to the consumer for any loss or damage which may be caused by the failure of the City to deliver water. Whenever feasible, the City shall give public notice of shutoffs, but shall not be bound to do so. (b) Failure to pay the water charge when due gives the City the right to discontinue water and sewer service to any residence after 21 days of notice of an unpaid bill. The cost to mm the water off and to mm the water back on will be paid for by the owner as per the Regulations and Rates. Discontinuance of service in no way affects the City's fight to enforce collection of past due water charges. 17.05.070 Rules, regulations, and rates. (a) See Appendices on Public Utility Regulations and Rates for additional details. (b) No property shall be served directly or indirectly by the City water distribution system unless the person so served or his authorized representative has first entered into a contract with the City for such service. No water shall be sold outside the City unless the premises served comply with the roles, regulations, and standards specified for the City. (c) The City is hereby empowered to discontinue water and sewer service for non-payment of any utility service charges, connection fees, and the like. Utility billing and deposits for water service shall be as provided in roles and regulations for administration of this water system. (d) No person, other than an authorized employee or designated contractor of the City, shall mm on or off any water service at the key box. The water key box belongs to the property owner, and it is the owner's responsibility to know where it is located. (e) No water main, connection, or extension shall be made or backfilled until it is inspected and approved by the City. No one is allowed to tie into a water main prior to authorization by on-site City personnel. The contractor, who shall be a City-approved contractor for a mare or connection, shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. The 24- hour notice does not include weekends or holidays. A fee for a water permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (0 No person shall refuse to admit, after notice and at reasonable hours, the premises owned or occupied by him, or hinder any authorized agent of the City entering such premises for the purpose of inspecting any piping in connection with the water distribution system. (g) No consumer shall resell water. (h) The City Administrator is hereby empowered, subject to approval by the 317 Council, to make such rules and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to water mares, connections, and extensions which will be served directly or indirectly by the water distribution system, as are necessary to protect public property or the safety and health of the public, and to establish rates for water billing and collections for the support of the system, and no person shall fail to comply with any such rule or regulation. Water and sewer service may be discontinued for non-payment of any utility service charges. (i) No unauthorized person shall inject anything into the municipal water system. This includes injecting into water main lines or water service connections or extensions. It also includes injection into private water lines that do not have a back-flow preventor. This is to prevent contamination of the municipal water system. 17.05.080 Penalty for late payment. Failure to pay a water and sewer bill for services in full by the 20z day of the month, following the month for which services are billed, shall result in a penalty charge on the amount due. In addition to such penalty, interest shall be charged. Such penalty charge and interest shall be computed as specified in KMC 1.75.010. 318 Chapter 17.10 CONNECTION TO PUBLIC WATER SYSTEM Sections: 17.10.010 17.10.020 17.10.030 17.10.040 17.10.050 17.10.060 Mandatory connection and abandonment of old well. Connection standards & costs. Connection payment. Private self-contained water systems. Persons authorized to accomplish connections. Penalty 17.10.010 Mandatory connection and abandonment of old well. (a) It shall be mandatory for all structures susceptible to being or currently being a source from which water is being used, to be connected to the public water system provided that any part of the structure is or is to be within 200 feet of an existing public water main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (b) It shall be mandatory for the owner, operator, or users of a private well supplying water to a structure to arrange and to pay for connection of said structure to the available municipal water system and the abandonment of well(s) no longer being utilized. Connections to the City water distribution system and abandonment of old well(s) shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells 17.10.020 Connection standards & costs. (a) Private water lines tied into the municipal water lines shall be connected to municipal water lines as provided by roles and regulations of the City of Kenai. The private water line will be required to meet all of the specifications of the City of Kenai even if it requires complete replacement of the private water line. All costs will be paid by the users of the private water line. (b) The cost of installing appropriately sized water distribution mains for subdivisions which will permit furore extensions to be adequately serviced by the City water system shall be paid for by the property owner asking for connection to the City system. The property owner shall be required to install water mains for either trunk or lateral line use in the size required by the City at no cost to the City. (c) Water and/or sewer service lines are required to be installed off a main line that is adjacent to the owner's property. 17.10.030 Connection payment. Mandatory connections of private water systems to the City water system shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and welfare to connect a private water line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of the said private water supply system. 17.10.040 Private serf-contained water systems. Any private water systems to a structure which are self-contained on the premises shall be replaced by the owner, and the stmct~e will be connected to the municipal water system within twelve (12) months from the date when such service becomes available to the premises in question. 17.10.050 Persons authorized to accomplish connections. All connections accomplished as required hereto must be accomplished by the City or a City-approved contractor. Any contractor working in the fight-of-way or easement is required to obtain an excavation permit from the City. 319 17.10.060 Penalty. Violations of this title shall, on conviction, subject a violator of the enumerated actions with the penalties prescribed in KMC 13.05, Offenses and Penalties. In addition to the foregoing penalty, the City Administrator or his designee is authorized to close the premises not complying with the sections of the Code enumerated herein as a menace to the public health of the City. The closure of said facility shall be accomplished by a written notice warning the violators that within ten (1 O) days of receipt of said notice, their facility or establishment may be closed unless reasonable remedial action is commenced within the ten-day period. If said violator refuses to comply with the notice specifying requirement for compliance with the sections enumerated herein, then said premises may be posted as being closed as a health menace by the City of Kenai. 32O Chapter 17.15 SEWER SYSTEM Sections: 17.15.010 17.15.020 17.15.030 17.15.040 17.15.050 17.15.060 17.15.070 17.15.080 Definitions. Connections/Extensions. Private systems. Service outside city. Plugged or frozen connections and extensions. Discontinuance of service. Rules, regulations, and rates. Penalty for late payment. 17.15.010 Definitions. (a) The term "sewer main" shall mean that part of the sewerage system intended to serve more than one sewer connection. (b) The term "sewer connection" shall mean that part of the sewerage system connecting the sewer main and the lot line of abutting property. (c) The term "sewer extension" shall mean that part of the sewerage system extending from the sewer connection into the premises served including the connecting device at the property line. 17.15.020 Connections/Extensions. (a) Sewer connections to City sewer mains shall be installed only by the City or by a City-approved contractor and then, except as provided elsewhere in this Code, only upon payment of the fee as provided by the roles and rates schedules adopted pursuant to this Code. (b) No person shall install a new or make a change in an existing sewer extension or sewer connection without first obtaining and paying for a written permit from the City. The sewer (and water) permit is valid for only twelve (12) months from the date of issue. If the water and/or sewer line is not installed within this twelve (12) months, a new permit, at no additional cost, will be required. The City will attempt to notify the owner when the permit expires. The owner can later reapply for a permit. If the owner can prove they already paid the City for a permit in this same location, the owner will not be charged for the new permit. (c) No person shall install a sewer connection without a check valve if the lowest outlet in the building or residence is below the elevation of the top of the manhole closest to such service connection. (d) No sewer main connection or extension shall be made or backfilled until it is inspected and approved by the City. The Contractor shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. The 24-hour advance notice does not include weekends or holidays. A fee for a sewer permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. 17.15.030 Private systems. No person shall construct or change any private sewer main, connection, or extension which will be served directly or indirectly by the City sewerage system without first obtaining and paying for a written permit from the City and following any outlining conditions prescribed by the City. 17.15.040 Service outside city. (a) No property located outside the limits of the City shall be served directly or indirectly by the City sewerage system unless such main, connection, or extension has been authorized by Council either in the individual case or as part of a sewer addition specifically authorized by Council. (b) Each sewer service which is outside the City and connected to the City sewer system shall be charged as set forth by the regulations. The charge shall be the 321 obligation of the owner of the premises served by the City sewer. 17.15.050 Plugged or frozen connections and extensions. (a) The City is not responsible for sewer extensions or for sewer connections. (b) The property owner will be responsible for all frozen sewer connections and extensions, and the City will not be responsible therefore. (c) The City will maintain and repair City- installed sewer connections that are from a structural, mechanical failure or broken pipe. If a contractor or utility company caused the problem, the City will ask them to make the repairs or pay for the repairs. (d) Consumers will be responsible to clean and repair all sewer connections and extensions that are plugged from items placed in the lines by the consumer. If the main sewer line is clear and has not been plugged within one week of the connection or extension plug, then it is the consumer's responsibility to clean and repair the sewer connection and extension. 17.15.060 Discontinuance of service. (a) The City may at any time without notice discontinue sewer service for repairs and the like without liability for resulting loss or damage. Public notice of service interruptions will be given whenever possible but the City shall not be bound to do so. (b) Failure to pay the sewer charge when due gives the City the right to discontinue water and sewer service to any residence after 21 days of notice of an unpaid bill. Discontinuance of service in no way affects the City's right to enforce collection of past due sewer charges. 17.15.070 Rules, regulations and rates. (a) See Appendices on Public Utility Regulations and Rates for additional details. (b) No property shall be served directly or indirectly by the City sewer collection system unless the person so served or his authorized representative has first entered into a contract with the City for such service. No sewer shall be deposited from outside the City unless the premises_served comply with the roles, regulations, and standards specified for the City. (c) The City is hereby empowered to discontinue water and sewer service for non-payment of any utility service charges, connection fees, and the like. Utility billing and deposits for sewer service shall be as provided in roles and regulations for administration of this sewer system. (d) No sewer main, connection, or extension shall be made or backfilled until it is inspected and approved by the City. No one is allowed to tie into a sewer main prior to authorization by on-site City personnel. The contractor who shall be a City-approved contractor for a main or connection shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. The 24- hour notice does not include weekends or holidays. A fee for a sewer permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) No person shall refuse to admit, after notice and at reasonable hours, the premises owned or occupied by him, or hinder any authorized agent of the City entering such premises for the purpose of inspecting any piping in connection with the sewer collection system. (f) No consumer shall deposit sewer into the City system without receiving permission from the City. (g) The City Administrator is hereby empowered, subject to approval by the Council, to make such roles and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to sewer mains, connections, and 322 extensions which will be served directly or indirectly by the sewer collection system, as are necessary to protect public property or the safety and health of the public, and to establish rates for sewer billing and collections for the support of the system, and no person shall fail to comply with any such role or regulation. Water and sewer service may be discontinued for non-payment of any utility service charges. (h) No one shall place into the City sewer system any foreign object that is not designated by the manufacturer as safe for sewer systems. This includes any plastic or fiberglass objects, bags, strapping, clothing, bedding, or other foreign objects. 17.15.080 Penalty for late payment. Failure to pay a water and sewer bill for services in full by the 20th day of the month, following the month for which services are billed, shall result in a penalty charge on the amount due. In addition to such penalty, interest shall be charged. Such penalty charge and interest shall be computed as specified in KMC 1.75.010. 323 · Chapter 17.20 CONNECTION TO PUBLIC SEWER SYSTEM Sections: 17.20.010 17.20.020 17.20.030 17.20.040 17.20.050 17.20.060 Mandatory connections and abandonment of old on-site sewer systems. Connection standards & costs. Connection payment. Private self-contained sewage disposal systems. Persons authorized to accomplish connections. Penalty 17.20.010 Mandatory connections and abandonment of old on-site sewer systems. (a) It shall be mandatory for all structures susceptible to being or currently being a source from which sewage may or is being generated, to be connected to the. public sewage system provided that any part of the structure is or is to be within 200 feet of an existing public sewer main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (b) It shall be mandatory for the owner, operator, or users of a private sewer system to a structure to arrange and to pay for connection of said structure to the available municipal sewer system and the abandonment of the on-site sewer system no longer being utilized. Connections and extensions to the City sewer system and abandonment of the old on-site sewer system shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public sewer systems and abandonment of old on-site sewer systems. (c) If a sewer service customer has the reasonable possibility they will produce grease or oil- laden wastes, the customer's facility shall be provided with interceptors as required in the Plumbing Code. This includes any establishment that uses a deep fat fryer or cooking grease or oil. Grease, oil, and sand interceptors shall be provided when, in the opinion of City, they are necessary for the proper handling of wastewater containing grease and oil, or sand. All interception units shall be of type and capacity approved by the Building Official and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at the customer's expense. The sewer service customer is required to keep an interceptor inspection, cleaning, and repair log which contains information as to the date, time, what is removed, quantity removed, who removed the material and how, when, and where the material from the interceptor is disposed of. 17.20.020 Connection standards & costs. (a) Private sewer lines tied into the municipal sewer lines shall be connected to the municipal sewer lines as provided by rules and regulations of the City of Kenai. The private sewer line will be required to meet all of the specifications of the City of Kenai even if it requires complete replacement of the private sewer line. All costs will be paid by the users of the private sewer line. (b) The cost of installing appropriately sized sewer collection mains for subdivisions which will permit future extensions to be adequately serviced by the City sewer system shall be paid for by the property owner asking for connection to the City system and shall be required to install sewer mains for either trunk or lateral line use in the size required by the City at no cost to the City. 324 (c) Water and/or sewer service lines are required to be installed off a main line that is adjacent to the owner's property. 17.20.030 Connection payment. Connections of private sewer lines of laterals to municipal sewer lines or systems shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and welfare to connect a private sewer line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of said private sewer line. 17.20.040 Private self-contained sewage disposal systems. Any private sewage systems to a structure which are self-contained on the premises shall be replaced by the owner, and the structure will be connected to the municipal sewer system within twelve (12) months from the date when such service becomes available to the premises in question. 17.20.050 Persons authorized to accomplish connections. All connections accomplished as required herein must be accomplished by the City or a City-approved contractor. Any contractor working in the right-of-way or easement is required to obtain an excavation permit from the City. 17.20.060 Penalty. Violations of this title shall, on conviction, subject a violator of the enumerated actions with the penalties prescribed in KMC 13.05, Offenses and Penalties. In addition to the foregoing penalty, the City Administrator or his designee is authorized to close the premises not complying with the sections of the Code enumerated herein as a menace to the public health of the City. The closure of said facility shall be accomplished by a written notice warning the violators that within ten (10) days of receipt of said notice, their facility or establishment may be closed unless reasonable remedial action is commenced within the ten-day period. If said violator refuses to comply with the notice specifying requirement for compliance with the sections enumerated herein, then said premises may be posted as being closed as a health menace by the City of Kenai. 325 Chapter 17.25 PROHIBITED DISCHARGE OF CERTAIN SUBSTANCES INTO SANITARY SYSTEM Sections: 17.25.010 17.25.020 17.25.030 17.25.040 17.25.050 17.25.060 17.25.070 17.25.080 Definitions. Prohibited acts. Receiving facility. Permitted discharge of septic cesspool materials. Penalty~Fine imposition. Civil Penalty. Discontinuance of service. Intergovernmental agreements exemption. 17.25.010 Definitions. (a) Sanitary sewer system means the sewer treatment plant facility of the City of Kenai and includes all pipes, manholes, lift stations, holding tanks, and entry ways of any kind through which material may flow into and through the sewer treatment plant facility. (b) Discharge means to dump, drop, release, insert, or otherwise allow to enter into the sanitary sewer system any of the prohibited materials set forth below. (c) Septic material means the contents of any septic tank seepage disposal system containing the drainage from sinks and toilets and the like. (d) Cesspool material means the contents of any pit or receptacle containing the drainage from sinks and toilets and the like. (e) Septic tank pumping vehicle means any vehicle used to carry septic or cesspool material. 17.25.020 Prohibited acts. It shall be unlawful for any user to: (1) Introduce or cause to be introduced into the municipal sewerage system any pollutant or wastewater. This general prohibition and the specific prohibitions below apply to all users whether or not they are 326 (2) (ii) (iii) (iv) subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. Discharge or cause to be discharged any of the following described pollutants, substances, or wastewater into the municipal sewerage system: (i) Any stormwater, surface water, surface runoff, groundwater, roof runoff, subsurface drainage, cooling water if it is polluted or unpolluted. Any water or wastewater which contains petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts which in the opinion of the utility are in amounts greater than that which would be normally construed as incidental in normal discharges. Any solid or viscous substance, or liquid that can become viscous when cooled, in amounts capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system such as, but not limited to, fat, grease, uncomminuted garbage, animal guts or tissues, hair, hide, fleshings or entrails. Any wastewater which creates a fire or explosive hazard, including, but not limited to, wastewaters (v) (vi) (vii) (viii) with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21. At no time shall two (2) successive readings on an explosion meter, at the point of discharge into the system (or at any point in the system), be more than five (5%) percent not any single reading over ten (10%) percent of the lower explosive limit (LEL) of the meter. Any wastewater having a pH lower than 5.0 or higher than 12.5 at any time, or having any corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works. Any wastewater which results in the presence of toxic gases, vapors, or fumes in a quantity that, in the opinion of the utility, may cause acute worker health and safety problems. Any wastewater containing radioactive substances except in compliance with applicable state or federal regulations. Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance, or hazard to life or health, or that are sufficient to prevent (ix) (x) (xi) (xii) (xiii) (xiv) entry into the municipal sewerage system for its maintenance and repair. Any substance that will cause the utility to violate its NPDES permit. Any substance that may cause the municipal sewerage system's treatment residues, sludges, incinerator ash or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. Any wastewater that causes the temperature at the treatment works influent to exceed 40 degrees Celsius (104 degrees Fahrenheit). Any pollutants, including oxygen demanding pollutants, released at a flow rate or concentration that, either singly or by interaction with other pollutants, will interfere with operation of the municipal sewerage system. Any wastewater containing medical wastes fi'om industrial users including but not limited to hospitals, clinics, offices or medical doctors, convalescent homes, medical laboratories or other medical facilities. Any waters or wastes containing toxic or poisonous substance in concentrations such as to constitute a hazard to humans or animals or to interfere with any 327 sewage treatment process or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to the following substances: Fixed Upper Limits for Constituents (Parts Per Million By Weight) Cadmium 5.0 Chromium 3.0 Copper 3.0 Cyanide 0.0 Nickel 0.1 Silver 5.0 Tin 5.0 Zinc 3.0 Phenol 0.5 (3) (xv) Any plastic bags; (xvi) Any fish, animal, or carcass, or part thereof greater than three inches in diameter or four inches in length; (xvii) Any glass, wood, metal, or stones; (xviii) Any item made of cloth or woven material; (xix) Any material including septic and cesspool wastes deposited from a septic tank pumping vehicle except as specifically permitted pursuant in KMC 17.30.040 below. Prohibited connection of sanitary sewer with storm sewer system. Interconnect or cause to be interconnected directly or indirectly any part of a sanitary sewer system with any part of a storm sewer system. (4) Prohibited discharge at unapproved location. Discharge or cause to be discharged into a sanitary sewer any waters or wastes whatsoever other than through an approved, permanent sewer extension, or at a sewage dump station or other location that has been specifically so designated by the utility. (b) It shall be unlawful for any person to: (1) Cause to be admitted into the Kenai Sewer Utility System any waters or wastes having a suspended solids content in excess of 2,000 parts per million by weight. (2) Interconnect or cause to be interconnected directly or indirectly any part of a sanitary sewer system with any part of a storm sewer system. (3) Cause to be admitted into a sanitary sewer and waters or wastes whatsoever other than through an approved, permanent sewer extension, or at a sewage dump station or other location which has been specifically so designated by the City. (c) Vandalism. No person or entity shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the municipal sewerage system. 17.25.030 Receiving facility. The City shall establish a facility to accept septic cesspool materials which is free from debris and other prohibited substances outlined in KMC 17.30.020 above and otherwise meets the biological effluent control standard as determined by the City and the Federal Department of Environmental Protection. 328 17.25.040 Permitted discharge of septic cesspool materials. (a) Septic/cesspool material meeting the effiuem standards as established by the City (which shall not be less stringent than the standards established in the prohibitions set forth in KMC 17.30.020 above) may be discharged into the sanitary sewer system from a septic tank pumping vehicle at a location specified by the City upon the payment of a gallonage fee. The fee and quality standards are set forth below: (1) The City of Kenai Water and Sewer Utility shall establish a holding tank for receiving bulk septic material screened and free of all non-degradable materials. (2) Such holding tank, being limited to a total of 1,400 gallons at any given time, shall accept such septic materials Tuesday through Friday. Materials accepted shall be trickled on a continuous basis into the Plant for treatment. (3) Bulk septic materials may be directed to the Sewer Treatment Plant (STP), Tuesdays through Fridays, between the hours of 8:30 a.m. through 11:30 a.m. and 1:00 p.m. through 4:00 p.m. Only the gallon-age shall be received as the holding tank is capable of receiving. (4) The source of the bulk septic materials must be identified by name and parcel number at the time of delivery and payment of the fee. The form must be signed by property owner. (5) The fee. per acceptance of bulk septic material shall be in accordance with rates set in the Public Utility Regulations and Rates of the City of Kenai, plus tax. (6) Each bulk material handler must equip his equipment with discharge hose screens or other suitable devices to insure that no material larger than 1/4" can be discharged into the holding tank. (7) It shall be the delivery personnel's responsibility to stick the tank and determine the ability to discharge safely without overflowing. (8) The delivery personnel will pay the dumping fee and receive the go ahead from the STP operator BEFORE he starts to set up for dumping. After he has completed dumping and put away his hoses, he will check with the STP operator who will sign the permit slip, give the delivery personnel a copy, and check to make sure no spillage has occurred. (9) If spillage has occurred, if any non-degradable material has been put into the system, or if the system has been left plugged, the delivery person shall be subject to the penalties as established by KMC 17.30.060 and/or 17.30.070 and the septic material handler may forfeit his fight to discharge material in the furore. (10) The delivery personnel are to discharge septic material under the direction of the STP operators. All delivery personnel are asked to cooperate completely with the operators and failure to do so can terminate their dumping privileges. 11) If the bulk material handler and/or the property owner forges or in any way falsifies the property owner's septic dumping form [as required by KMC 17.30.040(4)], then in that event the bulk material handler and/or property owner will lose his fight to utilize the dumping facilities. 12) The City of Kenai reserves the right to audit records of bulk septic material operators on a periodic basis. 17.25.050 Penalty--Fine imposition. Any person, firm, or corporation violating any provision of this chapter shall be subject to a fine in an amount as provided for violations in KMC 13.05.010. Each discharge or dumping shall constitute a separate violation. 329 17.25.060 Civil penalty. (a) In addition to, or as an alternative to the penalty aforementioned, any person violating any provisions of this chapter shall be subject to a civil penalty as provided in KMC 13.05.010. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. (b) The City shall seek an award of reasonable attorney's fees and costs from the court in prosecuting such an action. 17.25.070 Discontinuance of service. In addition to the penalties provided by law, violation of this chapter shall be sufficient cause for the Kenai Sewer Utility to discontinue sewer service to any property on which such a violation has originated. Criminal conviction or other judicial action is not a prerequisite to discontinuance of service. 17.25.080 Intergovernmental agreements exemption. Notwithstanding any provision in this chapter to the contrary, the City may, upon approval of Council, enter into cooperative agreements with other units of government for disposal of waste products through the City of Kenai sanitary sewer system, which agreements may provide for disposal of substances which may otherwise be precluded by this chapter. 330 Attachment B Ordinance 2078-2005 PUBLIC UTILITY REGULATIONS AND RATES TABLE OF CONTENTS Ae PAGE , REGULATIONS .......................................................................................................... APX-7 1. Application for or Change in Service .................................................................... APX-7 2. Water and Sewer Connections and Extensions .................................................... APX-7 3. Deposits for Service ................................................................................................. APX-7 4.Charge for Water and/or Sewer Services ................................................................ APX-8 5. Hydrants ................................................................................................................... APX-8 6. Common Connections ............................................................................................. APX-8 7. Location of Water Key Box .................................................................................... APX-8 8. Sewer Service Clean-Out ........................................................................................ APX-8 9. Rental Properties ..................................................................................................... APX-9 Be 1. SCHEDULE A--General Domestic Service Rates (Non-metered) .................... APX-10 2. SCHEDULE B-Commercial Service (Non-metered) ........................................ APX-10 3. SCHED~E C--Industrial Service (Non-metered) ............................................ APX-10.2 4. SCHEDULE D--Fire Protection Service .............................................................. APX-10.2 5. SCHEDULE E--Metered Service ......................................................................... APX-10.3 6. SCHEDULE F--Permit Fees ................................................................................. APX-10.3 APX-5 CITY OF KENAI PUBLIC UTILITY REGULATIONS AND RATES A. REGULATIONS The following regulations of the City of Kenai, pertaining to the water and sewer system, have been issued under the authority of Title 17 of the Kenai City Code of Ordinances. Regulations issued prior to this date are superseded by the regulations that follow: 1. Application for or Change in Service: a. It shall be the responsibility of the property owner to apply for utility service, a change in service, or discontinuance of service by signing a service order at the City Administration Building, Kenai, Alaska. b. Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. 2. Water and Sewer Connections and Extensions: a. The property owner or his contractor may apply for a water and sewer permit for a connection and/or extension of service lines. The water and sewer permit is valid for only twelve (12) months from the date of issue. If the water and/or sewer line is not installed within twelve (12) months, a new permit, at no additional cost, will be required. b. The City will attempt to notify the owner when the permit expires. The owner can later reapply for a permit. If the owner can prove they already paid the City for a permit in this same location, the owner will not be 'charged for the new permit. The entire cost of water or sewer service connection and extension will be borne by the property owner. c. At the time the new service is provided, all connections to existing private systems, wells, septic tanks, cesspools, etc., shall be physically disconnected from the City system and their use discontinued. All on-site systems shall be abandoned as specified by ordinances and regulations of the City and applicable laws and regulations of the State of Alaska. d. All water turn-ons and mm-offs and the operations of the water valve located on the service line in the key box shall be made by City personnel only. A fee of twenty-five dollars ($25.00) will be levied on requests for mm-on and mm-off (after initial mm-on) during normal duty hours and whenever such action is required due to delinquent account. A fee of one hundred dollars ($100.00) will be levied on requests for mm-on or mm-off during periods other than normal duty hours. Turn-on and turn-off during normal working hours for line testing purposes during building construction will not be a cost to the property owner. There will be no charge for the initial turn-on during normal working hours for a first or new property owner. e. All customers shall be required to provide a separate valve inside a building being served. The valve shall be located on the water service entering the building ahead of any branch lines where it is readily accessible in event of emergency. f. Each and every building served by the water utility shall have a separate outside shut-off valve located in a valve box. The property owner is required to know the location of this valve. In the event it is impossible to get a separate outside shut-off valve within the public fight-of-way, the property owner shall provide the shut-off valve within private property and execute, in favor of the City, an easement providing access for the City personnel to the key box. In the event that a functional shut-off valve cannot be located by City personnel, the City may install a shut-off valve and charge the property owner for related labor, equipment, and material costs. g. Owners of new or significantly modified commercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the City. 3. Deposits for Service: For domestic and commercial customers, a deposit is required of fifty dollars ($50.00) for water service and fifty APX-7 dollars ($50.00) for sewer service. These deposits may be refunded upon request after two years of timely payment history. 4. Charge for Water and/or Sewer Services: a. The property owner will be charged the appropriate water and sewer rate whenever the curb stop or valve in the valve box is turned on and available to deliver water. However, if the property owner can assure the City that the water is being used for construction purposes only and not being disposed of in the Municipal Sewer System, the property owner will be required to pay only the water portion of the bill. The property owner is required to notify the City before they start using the Municipal Sewer System. b. Property owners will not be allowed to suspend water and/or sewer services. Once water and/or sewer service line(s) are constructed and operating, the owner will be required to continue to pay the appropriate monthly rate. c. Property owners who's water is mined off by the City for non-payment of services will be required to follow Section 2d. including the payments for water mm-offs and mm-ons. The property owners are responsible to pay for their existing bill plus water and sewer costs as if available during the period the water is tamed off for non-payment. 5. Hydrants: a. The use of fire hydrants is permitted only in special situations when approval, in writing, has been obtained from the City, and upon payment of the use charge. Failure to obtain written authorization from the City, failure to follow written instructions of the City, or any improper use of a fire hydrant is subject to the Rules and Regulations and penalty provisions of KMC 13.05 and KMC 17.05. b. A deposit of two hundred dollars ($200.00) is required to assure careful use of the hydrant and will be refunded if no maintenance is required when hydrant use is completed. The use charge, which is non-refundable, is forty dollars ($40.00) per day. As an alternative charge, the City reserves the fight to require meteri---- in circumstances involving high volume us~ n accordance with rates provided in the ~'ate schedules. c. The permit holder is required to use a hydrant wrench to slowly open and close the hydrant. During use, the hydrant must be fully opened. If using a hydrant to fill a tank, users must comply with State of AK DEC requirements for a minimum 8-inch air gap on the fill line. Tanks are required to be inspected by the City before hydrants are used. d. The fire hydrant permit may be suspended by the City of Kenai at any time (normally during City water shortages). The fire hydrant permit holder is required to maintain current up-to-date contact numbers with the City. 6. Common Connections: There shall be no water and/or sewer common extensions for use by several properties or families. No connection or extension will be permitted across property lines unless they are located in a public utility easement. Every lot or individual- '1 will have its own water line, valve, and m not paying a fiat rate). Every lot or individual parcel will have its own sewer line. 7. Location of Water Key Box: It shall be the property owner's responsibility to know the location of, and have marked, the key box and thaw wire for the water service. The standard key box marker shall be a 4" x 4" x 8' wood post, four feet in height above ground, painted white with black top and the word "water" stenciled in black letters no smaller than two inches high. Property owners who do not use the standard marker should have some other method of locating their key boxes or be prepared to stand the cost of location in time of necessity. 8. Sewer Service Clean-Out: No person shall install a sewer extension to a building without placing in the line near the building and at every change of direction of the sewer line, a sewer line clean-out of four-inch minimum diameter. It shall be the property owner's responsibility to know the location of and marked the sewer service clean-out. AP×4 9. Rental Properties: All bills are in the name of the property owner. Bills may be mailed to the renter, but the owner is responsible for all payments. APX-9 B. RATES The charges to users of water and sewer systems within the City of Kenai are as follows: 1. SCHEDULE A--GENERAL DOMESTIC SERVICE RATES (NON-METERED) Per Month Water Sewer One or two-family residence, per family unit $12.54 $36.03 Single or double unit apartment, per family unit 12.54 36.03 Apartment, three or mor~ units under one roof, per family unit--single bill assumed by owner. Separate billing 9.44 27.09 12.54 36.03 Trailers, one or two on single lot or court (each). 12.54 36.03 Trailers, three or more on lot or court, per trailer unit: Single billing Separate billing 9.44 27.09 12.54 36.03 Boarding houses, per available room 3.33 9.72 Minimum Charge: Each month's minimum charge is one full month's service, without proration. Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. Special Conditions: The above schedu!,' is restricted to service used exclusively for g domestic purposes, as distinguished x~om commercial or other uses of water or sewer service. 2. SCHEDULE B--COMMERCIAL SERVICE (NON-METERED) Per Month Water Sewer Demand Charge: (Applicable to individual customers where water connection is one inch or larger, and is rated on the equivalent line size. This is in addition to the Use Charge.) 1.00 inch service $12.71 $36.38 1.25 inch service 19.36 53.94 1.50 inch service 32.07 91.57 2.00 inch service 48.40 136.73 3.00 inch service 72.60 206.98 Larger than 3.00 inch service 108.90 31' Use Charge: Bakery 36.91 105.37 Bath House, tub or shower, each 8.47 23.83 Bottling Works, per bottling machine 291.61 835.43 Bowling Alleys, Amusement Parks 35.09 100.98 Car Lot, with car wash facilities 17.55 50.18 Car wash, automatic, per facility 157.30 499.08 Car wash, self-service, per stall 23.60 67.11 APX-IO Churches, lodges, clubs, banquet rooms (no bar or restaurant facilities), per seat Dairies--Installation of water meter required. Day Care Center or Preschool (in addition to other applicable domestic or commercial charge). Per child, maximum capacity Doctors' and dentists' offices, per room or chair (Psychiatrists and Optometrists, apply office rate). Garage, service stations Additional charge for recreational vehicle dump stations (May through September only) Hangar, airplane repair: with washing facilities Hospitals, per bed Hotels, motels, resorts, per room Laundry, self-service, per machine Markets, meat Office buildings where single bill is assumed by owner, per business Per Month Water Sewer .13 .38 .51 1.44 7.57 21.64 15.13 43.90 17.55 50.18 15.13 43.59 17.53 50.18 9.99 28.85 7.87 22.27 14.22 40.45 19.36 55.19 16.94 47.67 Cleaners and commercial laundries, per facility. Office, in multiple office building where individual tenants are billed, per business Restaurants, cafes, lunch counters, fountains, taverns and bars (with kitchens) for each seat (Note 2) Public office building, per restroom Recreation facility, per restroom, sauna or shower, etc. Recreational vehicle/camper park, per parking space (demand charge only from October through April) Schools, per seating capacity Shopping centers (depends on stores included in shopping center, Note l) Shops, beauty, per station or chair Shops, miscellaneous (including barber shops), per shop Sleeping room, per room (without facilities for housekeeping) Studios, photo or photo lab Supermarkets (grocery stores) APX-11 Per Month Water Sewer 101.04 288.51 19.36 55.19 1.09 3.20 4.36 12.54 8.47 24.15 8.47 24.15 .51 1.44 8.78 25.09 8.78 25.09 8.78 25.09 3.33 9.72 41.45 119.17 99.53 284.75 Theaters: Indoor, per seat Outdoor, per stall Taverns, lounges, bars (without kitchens), per seat .07 .17 .07 .17 1.03 3.01 X-ray or laboratory office 24.81 70.87 Note 1: Additional for other facilities such as restaurant, beverage dispensary, etc., are at the applicable use charge for each facility. Note 2: When a restaurant serves liquor and has no separate bar, no additional charge for a bar will be applied. However, when a restaurant has a separate bar, the bar stools will be charged at the given rate. Minimum Charge: Each month's minimum charge is one full month's service, without proration. Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. Special Condition: Where more than one customer is served from the same service line between the City's water main and the customer's premises, the City reserves the exclusive fight to determine how the demand charge under this rate schedule shall be applied and apportioned between said customers. Cesspool Pumper Charge: The fee charged for acceptance at the sewer treatment plant of septic material collected within the City of Kenai shall be thirty dollars ($30.00) per one hundred gallons. The gallons delivered shall be as estimated by the sewer treatment plant operator. 3. SCHEDULE C-INDUSTRIAL SERVI( (NON-METERED) Per Month Water Sewer Concrete mixing plant 159.72 457.86 Concrete products 79.86 228.30 Confectioner 53.24 151.78 Greenhouse, commercial 53.24 151.78 Ice cream plant 79.86 228.30 Cold storage plant or lockers 37.51 106.62 Demand Charge: Note' Schedule B Demand Charge also applies to Schedule C Services. Minimum Charge: Each month's minimum charge is one full month's service, without proration. Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. 4. SCHEDULE D--FIRE PROTECTION SERVICE For automatic sprinkler system: NO CHARGE Special Conditions: (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire protection only. (b) All fire protection lines, sprinklers, pipes, and valves on private property shall be owned, installed, and maintained by the owner and/or customer. (c) All connections between the City's main and privately owned facilities will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No tap or outlet for use other than fire protection shall be permitted on fire lines or mains, unless approved by the City. (f) In times of emergency, the right is reserved by the City to mm off any fire hydrant and/or sprinkler system at the discretion of the City. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sewers, and no cross-connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. The City reserves the fight to determine the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. The remote reading unit shall be installed in an area that is readily accessible to the City. Meter repair as necessary, shall be made by the owner within 30 days or by the City with costs billed to the owner. The City may allow the amount of water to be used from a hydrant to be determined by tank volume and paid by the metered service rate. 6. SCHEDULE F--PERMIT FEES Inspection fees for new water and sewer service lines (one-time charge): a. Water $200.00 b. Sewer $200.00 5. SCHEDULE E--METERED SERVICE Per Month Water Sewer General usage, per thousand gallons of water $1.21 $3.57 Hydrant use and other use, per 1000 gallons of water 1.82 Minimum Charge Per Month: All usage, 15,000 gallons of water. General Usage · 18.15 Hydrant Use 27.30 53.55 Minimum Charge: Each month's minimum charge is one full .month's service, without proration. Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 ~,,,,.,,, Telephone: (907)283-7535, Ext. 236/FAX: (907)283-3014 '1111' 1992 KENAI, ALASKA MEMORANDUM TO' Linda L. Snow, City Manager FROM' Keith Kornelis, Public Works Manager (~~ DATE' March 28, 2005 (Revision of March 7 and 16 Memos) SUBJECT: KMC Title 17 Public Water and Sewer Utilities Public Utility Regulations and Rates Ordinance No. 2078-2005 replaces KMC Title 17 and the Public Utility Regulation and Rates in its entirety. This ordinance was introduced at the March 16, 2005 Council Meeting and is up for approval on April 6, 2005. I have made changes suggested by Department Heads, City Attorney, and many other City employees. There have been many drafts reviewed by everyone. The purpose of these changes is: · Update and clarify the rules and regulations. · Organize the rules and regulations. · Make the rules and regulations easier to read and understand. · Make the rules and regulations fair to all users. · Make the items that are common to water and sewer consistent. · Delete the rules and regulations that are outdated and never used before. · Increase operational service costs. There are many changes to the existing KMC Title 17 and Utility Regulations. Below is a list of some of the major changes. 1. The property owner is responsible for the water and sewer service lines from the structure to the main line. Prior ordinance had the City responsible for the "connection" (main line to property line) even if the line was plugged by the owner. The prior ordinance had the owner responsible for service lines freezing from the structure to the main and tho new ordinance is tho same. (~ 7.05.050) (17.15.050) See new comparison spreadsheet. 2. The water and sewer permit is valid for twelve (12) months and the cost was increased from $100 to $200. The City will attempt to noti~ the owner when the permit expires. The owner can later re-apply for a permit, If the owner can prove Linda L. Snow, City Manager Page 2 March 28, 2005 they already paid the City for a permit in this same location, the owner will not l charged for the new permit. (^. Regulations 2a.) (B. Rates 6 Schedule F) 3. When the water valve on the service line is turned on, the owner has to pay the appropriate water and sewer rates. Owners cannot suspend services. During construction if only water is used and not the sewer line, the owner only has to pay for the water.-(Regulations 4a. and 4b.) 4. Property owners are required to contact the City to apply for water and sewer services, change in service, discontinuance of service or whenever they alter their building. (Regulations la.) 5. Owners of new or significantly modified commercial buildings are required to furnish and install water meters with a remote reading. The remote reader has to be readily accessible to the City. (Rates-Schedule E) (^. Regulations 2g.) 6. The fee for turning the water service off or on (except for the first time) was increased from $10 to $25 during normal duty hours and from $20 to $100 for overtime hours. This includes water turn off and on for non-payment of services. Customers cannot suspend service. (Regulations 2d. and 4c.) 7. Service customers will have to maintain their grease, oil, and sand interceptors to remove grease or oil-laden wastes. (17.20.010 c.) 8. The customer deposit was raised from $20 to $50 for each service (refunded after two years). (Regulations 3.) 9. Using a fire hydrant requires a deposit of $200 (increased from $150) and the cost of water was increased from $30/day to $40/day (or at metered rate). (Regulations 5b.) 10. No unauthorized person shall inject anything into the Municipal Water System. (17.05.070 i.) 11.24-hour notification for inspection does not include weekends or holidays. (17.05.020 d.) (17.15.020 d.) (17.05.070 e.) (17.15.070 e.) 12. Water and sewer services may be discontinued for non-payment after 21 days of notice of unpaid bill. (17.05.060 b.) (17.15.060 b.) 13. Service lines are required to be installed off a main line that is adjacent to the owner's property. (17.10.020 c.) (17.20.020 c.) Linda L. Snow, City Manager Page 3 March 28, 2005 As City Council requested, I contacted the City of Soldotna about their expansion charges. This is what I was told. I talked to Steve Bonebrake, Soldotna Public Works Director, about their Water and Sewer Expansion Charges. He said that this cost is for the property owner's share of costs for such things as well houses, reservoirs, tanks, lift stations, WWTP, etc. He said that the expansion fee is paid by anyone who hooks up including people paying for an LID. There have been times when the City needed an easement and did trade expansion fees in a negotiated deal for the easement. Soldotna Code 13.16.040 Expansion Charges states: A. Minimum expansion charges are hereby established to be effective after March 6, 1986, for all water and sewer hookups on real property. B. The purpose of an expansion charge is to allocate to new customers a share of the non-grant-supported costs incurred by the City for prior investments in plant and equipment used for the benefit of new service areas. I consider the Water, Sewer, and Sewer Treatment Departments as a co-op of users. Since I pay a water and sewer bill to the City, I am a member. Title 17 and the Utility Regulations should be written to be fair and equitable to the group of users who pay for these utilities. I think these changes do that. I received a lot of great suggestions and help in making these changes to KMC Title 17 and Utility Regulations. Thank you to the many people who helped. KENAI. ALASKA TO' FROM' DATE' SUBJECT: 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014llll~' 1992 MEMORANDUM Linda L. Snow, City Manager Keith Kornelis, Public Works Manager March 28, 2005 KMC Title 17 Public W & S Utilities Public Utility Regulations and Rates Please find attached' o A new "Title 17 Public W & S Regulation and Rates Comparison," Revised 3~22~05. After talking to Public Works Directors and reading their respective City Codes, I found out that the property owners are responsible for frozen water connections and extensions. They are also responsible for sewer service lines. e Soldotna's Code on Sewer Maintenance 13.12.070 Soldotna's Code on Water Maintenance 13.08.070 Seward's Code on Sewer Maintenance 14.20.020 Seward's Code on Water Maintenance 14.10.050 Homer's Code on Water Maintenance 14.08.060 . Typical Water Service Connection at Main o Two articles about thawing frozen pipes. Thawing using electric welders can cause damage if not done properly or if there are electrical and plumbing problems in the house construction. KK/jet i Z .- O.x ~ ~ ~ ~ o~ o~ o _ = ~ - ~= ~ 880 008 - t~ E = o= o~8 ~ ~ ~ ~ ~o, ~ t~!o ~ ~ = = ~ _ o o · ~ 0 0 0 0 ~ i o o o ~ ~ ~ E = I m cmo ._ , ._ _ .- ~ ~ ~ oI o o ~ ~ ~ ~ _ o~m o ._ ._ C 0 0 Title 13 PUBLIC SERVICES Chapter 13.12 SANITARY SEWER SERVICE 13.12.070 Maintenance responsibilities. A. The bonded contractor shall be responsible for any maintenance and/or repairs required on the sewer stub _line with no exceptions up to one year from the date of installation. ~-.~-~wn~' Shall ~3e-r~ponSible for ali r~in~enan-c,~§ne cl~-~ing and ~el~i-rs of damages required~n the - building sewer sewice line. In addition, the owner shall be responsible for the repair of damages resurdng from Eeezing for the complete sewer sen~ice from the building to the sewer main. C. The city shall be responsible for the maintenance and repair-of damages of all sewer maim, including t~e- clearing of plugged main lines. D. Whenever a situation exists involving an unusual danger of backup from the public sewer, the dty engineer or public works director shall require the immediate installation of backup valves and establish a minimum elevation at which the sewer connection may be discharged. (Ord. 429 ~ 1, 2, 1986; Ord. 265 § 1 (part), 1982) http ://municipal codes.l exisnexi s. com/code~DAT~E 13/Chapter_ 13_12_SANITARY'_SE... 3/18/2005 13.08.070 Maintenance. Title 13 PUBLIC SERVICES Chapter 13.08 WATER SYSTEM Page 1 of 1 13.08.070 Maintenance. ~~~._C us;o~mers~-will~be reSpons--ibl~efo~-the rep'~ir of the complete wate--r service ii~'"'-'~ne as a--result of freez] n;.~ - S. The city~wi~be responsible f~ th~ r~pai~-~f-~a~-~¥esulting f~om f~eezin-g for water mains on~. C. The ~ will I~ r~ponsible for the repair of damages to the water conne~on excluding damag~ resultinO o ~ fi. Maintenanc~respons]bility by the bonded contractor is outlined in Section 13.08.050 of this chapter. (Ord. 266 § 1 (part), 1982). http://muni cipalcodes.l exisnexi s. com/code&~~_DATA/TITLE 13/Chapter_ 13_0 8_WATER_SYS T... 3/18/2005 Chapter 14.20. Sewage Disposal 14._2._0._0.1.0; _U_se__.o_ f_p_u.bJic_~ewer_s_ .r. eq .u.i.r. ed; time of. connection. 1_4:2_0.;0_! 5_..Unlawful discharge. 1_4.20_, O_ 20 ._ P_r_o_ p e_rt~_o_ _w..n_. e r_. re spo_.n, s i bi i ity. 14._2_O:02__5.__¢_o_.ns!r_u_ctio__n of o_._n-si.te_system, 14._2.0_.030__P_e_r_mit requi_re.__d._.. 1._4.2_O:035:.S_ep_~_r~t_e__c__o..on_.e_c_tio..ns a_nd sewers requ_ired_.. 14_..2_._0_ ,0__4_0. Minimum standards. 1 _4_._2 O: 0..4_ 5, ._C_h_ e__c. k____v__a!v_e_..r_e_q u i re d. _1__4_:._20.0_5__0., P_r_op_e._rty_o__w~_e_r_.¢o.s_ts, .1. _4..2__0_.05_5., .U_ _n_ta__wf_ul connect_io, ns, 1_ ..4_._2.0_._0_6_ O_ Uoja_.~_vf_u. !_d i_s..c__harg.e_ s.. 14,2_8._.0.¢5, U_nlawfui da_mag_e, 14_,20_.ozo~._.Em_z_e_n_ Ijoe_.s.. 1__4_,20._0_7_5_._ Co_n_s._e_quential da _m_a_ges. sewers 14.20.010. Use of public sawers required; time of connection. Whenever a public sewer system is installed and accepted by the city for operation, each owner of a parcel upon which a house, building, or property is used for human occupancy, employment, recreation, or other purposes situated within the city of Seward and any boundary of which is within 200 feet of the sewer system shall install a building sewer within 12 months; provided, that this time period may be extended for a maximum of six additional months at the discretion of the city engineer due to adverse weather conditions. This requirement shall not be affected by the availability of any on-site sewage disposal system. (Ord. 504, 1982) 14.20.015. Unlawful discharge. It shall be unlawful to discharge sewage in any unsanitary manner on public or private lands or any natural outlet within the city limits of Seward. (Ord. 504, 1982) 14.20.020. Property owner responsibility. Each property owner shall be solely responsible for the installation, maintenance and operation of any building sewer or any on-site sewage disposal system, whether or not such system has been approved or inspected by the city. (Ord. 504, 1982) ~'~-~./,-'t t~--/'~ 14.20.025. Construction of on-site system. It shall be unlawful to construct or maintain any on-site sewage disposal system within the city of Seward unless the following conditions are met: (1) No public sewer is available within 200 feet of any property line or boundary upon which the structure to be serviced is located; (2) The proposed system meets at least the following minimum design criteria: a. A minimum lot size of one acre, or meets the minimum separation requ' between a private well as provided in subsection c., following; b. A minimum allowable percolation rate of 60 minutes/inch (MPI). Systems with less percolation than 60 MPI must be designed by an engineer registered in the State of http://~ibrary6~munic~de~c~m/gateway~d~~/ak/a~aska/ ~ 3 3 5/ ~ 454/1459?f--temp~ates$ fn=d~cument~frame~ht~~~ 3/21/2005 _. 2~apter 14.'10. Water Page 2 of 4 (b) Plans for all new water and sewer lines and connections must be approved by the city, and the completed lines must be inspected by the city prior to budal. (c) An approved application and any applicable service charges shall be required to make any alterations in any conduit, pipe, or other fitting or to turn water service off or on at the key box. The customer is responsible for any damage resulting therefrom. (d) Water connections larger than two inches may be installed by special agreement at actual cost to the customer. No water connection shall be longer than 80 feet. Water connections shall be installed on city property or easement. (Ord. 504, § 1.) 14.10.030. Water main extensions' Water main extensions shall be made upon written application by the customer and deposit of two- thirds of the estimated cost of the extension, which shall be applied to the actual cost. If the actual cost exceeds that of the deposit, the applicant shall pay the additional amount. (Ord. 504, 1982) 14.10.035. Fire hydrants. (a) Customers may apply for a fire hydrant usage permit from May 1 to August 31 and shall use a hydrant designated by the'fire chief or water system operator. A hydrant valve must be used. (b) Only city personnel, or fire department personnel in the case of a fire, shall use any tim hydrant without first applying to the city and agreeing to pay the appropriate charges and deposits. .~t~rd. 504, 1982; Ord. 95-06) 14.10.040. Mobile home parks. The owner or operator of a mobile home park shall report monthly the number of mobile homes and shall be responsible for all.charges for water service for each mobile home. (Ord. 504, 1982; Ord. 525, § 1(part), 1984) 14.10.045. Multiple use buildings (apartments, offices). A single water connection shall serve only one customer unless more than one customer occupies an apartment house, duplex, offic~ building, auto court, motel, hotel, commercial building or other promises which by its nature would normally remain under one ownership. (Ord. 504, 1982) III ~ II II ~ Responsibility for frozen water pipes and other damage. ,~, Customers shall be responsible for frozen water connections from the main to the building eXcept when ~"q to f~ulty installation by the city; burden of ,proof of the reason of freezing rests with the customer and when !raven, responsibility for thawing is the city s. ' ..... '; ....... ,_~.j (..504,~1982) ~'~(,~ A ~ ~ _ law, for the administration of the City water system; relating to water treatment, mains, connections, extensions, ~. other facilities of the utility; relating to billings, collections, and enforcement; for the protection ofpublie health, safety, and welfare; governing the sale and use of water service provided by the City; and as otherwise may be necessary for the safe, efficient, and proper operation of the City water system. b. No person shall fail to comply with any role or regulation adopted under the authority of this section. c. A copy of all roles and regulations adopted under the authority of this section, together with current utility rat~ dl be made available for public inspection during business hours at City Hall. (Ord. 97-12 2~.~1 oo7 ~ 'I2F.'.~060...Fr0zen pipes--CitYhot liable. Customers will be responsil~le for all frozen water connections and cxtensio~ and the City will not be responsible therefor. The City will maintain all water connections, except for damages resultin~ fi'om freezing. (Ord. 90-24(A), 1990.) /~ tt~-/~ ~ ff ! 4.08.070 Discontinuance of Supply. Water may at any time be shut off from water mains without notice for repairs, extensions or other necessary purposes. The City will not be liable to the customer for any loss or damage which may be caused by failure of the City to deliver water. Whenever feasible the City shall give public notice of shutoff~, but shall not be bound to do so. (Ord. 90-24(A), 1990.) 14.08.072 Priority use of water. The first priority of use of the water produced by the Homer Water System is to provide for the human consumption, sanitation, and fire protection needs of water consumers located within the certificated service area. Water consumed outside the certificated service area is not entitled to any priority. (Ord. 984 2, 1998.) Section 14.08.074. Surplus water; sale. a. Subject to subsection (b) and, other provisions of this chapter, water, if any, may be made available for sale to bulkwater customers, resellers, and others for export or consumption outside the certificated service area. b. Notwithstanding, any other provision of this title, the City Council may by resolution restrict, interrupt, decrease, or terminate the sale of water for export or consumption outside the certificated service area whenever the City Council determines it is in the best interests of the City to do so. Such action shall only be taken upon a legislative finding by the City Council that such action is in the best interest of the City. If practicable, the City will give thirty days nc 'o the public, affected bulk water customers, and resellers of action taken under this subsection, but the failure to gi such advance notice will not render the restriction, interruption, decrease, or termination ineffective, nor will it giTM rise to any claim or action against the City. c. As used in this section, "surplus water" is water that the City, in its sole discretion, determines is in excess of the sanitation, fire protection, and demands of water consumers for consumption within the certificated service area.(Ord. 01-16, 2001; Ord. 01-09(A), 2001; Ord. 01-09(A) 1, 2001; Ord. 98-4 3, 1998.) Section 14.08.076. Water shortage or emergency declaration. a. A water shortage may be declared by the City Council, in its discretion, after a public hearing and upon adoption ora finding that there is insufficient water available to meet the sanitation, fire protection, and consumption needs of water consumers located within the certificated service area, or when there is insufficient surplus water available to meet the demands of all bulk water customers, resellers, and others for export or consumption outside the certificated service area. Examples of circumstances that may justify the declaration of a water shortage include, but are not limited to, increased demand for water resulting from new development or population increases; low water levels in the reservoir or other water supply deficiencies; malfunction of the water system; increased demand fi'om bulk water customers, resellers, or consumers located within or outside the certificated service area; or any other cause or circumstances that render the output of the Homer Water System inadequate to meet the demands. b. The City Manager may, in his or her discretion, declare a water emergency of not to exceed 15 days, and the City Council may, in its discretion, declare a water emergency of not to exceed 30 days without a public hearing, or of any length after a public hearing, upon adoption of a finding that sudden or unanticipated causes have impaired or pose imminent threat of impairment of the City's ability to meet the ordinary current demands of all consumers or purchasers of City water. Examples of circumstances that may justify the declaration of a water emergency include, but are not limited to, disaster; actual or imminent threat of malfunction or breakdown of dams, water treatment facilities, rv distribution lines, pumps, storage tanks, or any other component of the water system; actual or imminent threat o.~_ ~ ~ contamination of the water supply; or injury or imminent threat of injury to the public health, safety, or welfare. (Ord. 98-4 4 1998.) http ://c l erk. c i.homer, ak. us/doc ument/1408.htm 3/21/2005 NIl.4,1~ 111 NIl,4,1~' 'NIl.4 ,~1 z X o~x Z z THAWING FROZEN PIPES The problem of thawing frozen pipes and service connections must always be considered when designing water supply systems in cold climates. It is usual to bury the pipes 6-12 inches below the normal frost line, and where there is always frozen ground such as perma-frost areas of the far north, then the pipes must be insulated, provided with heating cables, and usually installed above ground in insulated utilidors. With normal buried installations there is always a problem due to the differences in the depth of frost penetration. Some heavy clay soils are fairly resistant to frost penetration particularly if they are covered with a layer of undisturbed snow. In other areas, within the same municipality, the ground may consist of sand or loose gravel where the frost line may penetrate 15-16 feet particularly at locations where there is vehicular traffic with no continuous snow cover. Smaller diameter pipes particularly in asbestos cement should be avoided in these areas, apart from the fact that they cannot be thawed out electrically, they also have low beam strength when subjected to frost heave. In frozen ground there are changes in temperature from one section ofburied pipes to another and the contraction forces can be considerable, apart from the heaving of the frozen ground itself. The cost of going deep enough over the whole system in order to keep clear of the frost line may be exorbitant and not justified. In areas where troubles are likely to occur the following precautions Should be considered: 1. Encasing the pipes inside an insulated culvert. Permanent heating cables should be installed with convenient electrical connections on the surface. 2. Use larger diameter pipes so that if they do tend to build up an ice layer it is less likely to plug the pipe. 3. Heat the water a few degrees to prevent freezing and design the system to maintain continual water circulation. 4. Avoid stagnant sections where there is little or no flow. The use of heating cables or tapes has many advantages but adds to the cost of the installation and can only be justified in obviousl~ troublesome sections. Frost penetration ~s not un year to year. In some years it may only be 6 feet while in other years it can go down to 9 to 10 feet. The worst time is in early spring when the frost is still penetrating deeper into the ground even though the surface is beginning to thaw. Electric welders and Iow voltage transformers are used for applying current through a frozen line in order to restart the water flow. The use of electric welding machines for pipe thawing may impress too much current on the system. Pipe joints may not always be good electrical connectors. Rubber pipe joint materials may become overheated, perish, or harden to the extent that they leak. If high voltages are used to thaw service and distribution systems, it is possible that other circuits grounded to the water system may be affected. Special iow voltage generators or transformers only should be used for thawing water pipes if the voltage and amperage is competently supervised. Knowlton'' suggests 40-60 volts and the following amperage: 3 ' to 2" diameter 100 to 200 amps 4 2" to 6" diameter 6" to lO" diameter 200 to 300 amps 300 to 500 amps The time required for thawing depends on type of pipe, size and length, joints, extent of freeze, condition of the soil, and the soundness of electrical connections and lead wires to and from the source of power and the pipe.'~ A WWA, by an official policy statement,' l~as opposed the grounding of electrical systems to water piping. Unfortunately, the problem still exists in many buildings, both new and old. Thawing Frozen Services Electrical thawing of frozen service lines is a very dangerous operation. Thc path of the current flow must always be verified, because poor electrical conductivity of the service pipe can cause the current to find an alternate path. These stray currents can be very dangerous. They can cause nearby electrical system wire to overheat, creating fires; they can overheat sewer laterals, causing leaks: they can follow gas piping, creating a potential gas-explosion hazard: they can damage electrical wiring and appliances; and they can cause personal injury. When electrical thawing must be used, it is extremely important that tiae following precautions arc observed' · A trained supervisor must be on hand at all times during thc thawing operation. · Occupants of the building must bc warned not to usc electrical appliances or plumbing during the thawing operation, since disconnection of the external ground may cause hazards. · Operators should use a temporary jumper cable when removing the water meter, and they should take care to avoid personal contacts bridging the open section of water pipe, since stray currents could cause electrocution. Owners and tenants should be warned to stay away from the open section as well. · All ground connections from the house to the service must be removed before thawing so thc frozen service will be the only element in the circuit. If ammeter readings indicate that not all thc current generated by thc welder is passing through the service, the thawing operation must be stopped until the service can be fully isolated. BREAKER BOX ~ NORMAL FLOW OF ELECTRICAL CURRENT . . · . _ NEUTRAL WIRE , GROUND, . , . , APPLIANCE WATER METER Figure 5-27. Possible Electrical-Current Flow Through Water Meter Suggested by: CITY OF KENAI ORDINANCE NO. 2085-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CLARIFYING KMC 22.05.080(a) AND AMENDING IT BY ADDING LANGUAGE TO ALLOW THE CITY TO LEASE, DEVOTE OR GRANT REAL PROPERTY TO QUALIFIED IRS SECTION 501(c)(3) NON-PROFIT CORPORATIONS WITHOUT PUBLIC SALE AT AN AGREED- UPON CONSIDERATION. WHEREAS, KMC 22.05.080(a) currently allows the City of Kenai to grant or devote real property to the United States, the State of Alaska, a local subdivision of the State or any agency of them without a public sale at an agreed upon consideration; and, WHEREAS, qualified IRS Section 501(c)(3) non-profit corporations provide a variety of services that fulfill a community purpose; and, WHEREAS, the City should also be allowed to grant, devote real property to a qualified IRS Section 501(c)(3) corporation without a public sale for an agreed-upon consideration to aid them in providing services to the public that fulfill a community purpose; and, WHEREAS, it is in the best interest of the City of Kenai to clarify and amend KMC 22.05.080(a). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 22.05.080(a) is amended as follows: 22.05.080 Grant or devotion. (a) The Council, by resolution, may lease, grant or devote real property no longer needed by the City for public purpose to the United States, the State of Alaska, a local political subdivision of the State of Alaska, or any agency of any of these governments or an IRS Section 501{c){3) non-profit corporation, for a consideration agreed upon between the City and Grantee without a public sale if the grant or devotion is advantageous to the City. (b) The council, by resolution, may donate foreclosed real property, valued at less than $10,000 and held by the City for more than ten years, to a non-profit, low income housing corporation for construction of housing, provided that such housing shall be returned to the city and borough tax rolls upon completion. The Grantee shall be responsible for paying any back property taxes, penalties, and interest owed. Ordinance No. 2085-2005 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April 2005. ' ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: March 16, 2005 April 6, 2005 May 6, 2005 (2/23/05 sp) Suggested by: Administ~ CITY OF KENAI ORDINANCE NO. 2086-2005 AN ORDINANCE THE COUNCIL OF THE CITY OF KENAI, ALASKA DECLARING PARCEL #049-130-14, KN0001422 T05N R 11W SO 1 THOMPSON PARK SUBDIVISION ADDITION NO. 1, LOT 1, BLOCK 1, 3920 TOGIAK STREET, IS NEEDED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai levied special assessments for certain water and sewer improvements in Thompson Park Subdivision, 3920 Togiak Street; and, WHEREAS, Parcel #049-130-14 KN0001422 T05N RI 1W S01 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, has unpaid assessments totaling in excess of $3,000; and, WHEREAS, the Kenai Peninsula Borough foreclosed on this parcel for unpaid property taxes; and, WHEREAS, the Borough will deed this property to the City upon receipt of City's payment of taxes due of less than $500; and, WHEREAS, the City's interest in this property will be preserved by taking ownership of the property; and, WHEREAS, Leland L. Bailey was the former owner and has been notified pursuant to KMC 22.05.090 {c). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the property described as Parcel #049-130-14 KN0001422 T05N Ri 1W SO 1 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is hereby declared to be needed for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance_ (3 / 11 / 2005) hl Introduced: Adopted: Effective: March 16, 2005 April 6, 2005 April 6, 2005 24 25 N 1 / TR. J TR. K TR. L Subject Parcel TOGIAK 3810 3820 ~O ~ ~ 2 8 3 7 4 - 6 5 - - 6 ('J)3 - 5 4 WILDROSE AVE PRIMROSE PL 3910 3910 ~ 3920 10 1 9 2 8 3 (') 7 4 6 5 PAi K 7 6 5 3920 1 2 ~5 4 3o DOGWOOD RD ~'NEIL ADDN. PRIMROSE 10 -F. ll~ i~,, 4005 ;4025_ LL. FORGET-ME Suggested by: Administra CITY OF KENAI RESOLUTION NO. 2005-08 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING THE WATER AND SEWER RATES. WHEREAS, the City of Kenai commissioned a study of water and sewer rates; and, WHEREAS, CH2M Hill performed the study and recommends water rates be increased 30% and sewer rates be increased 35% effective for fiscal year 2004; and, WHEREAS, it is in the best interest of the City of Kenai to phase in this increase over more than one year; and, WHEREAS, the water and sewer rates were increased 10% and 12% respectively in FY 2004 and 2005; and, WHEREAS, the water and sewer system is self-supporting and in order to have sufficient funds for capital improvements and operations it is in the best interest of the City to increase rates effective June 15, 2005; and, WHEREAS, an increase of 10% for water and 12% for sewer would provide adequate resources for the Water and Sewer Fund for FY 2006; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rates identified in the Public Utility Regulations and Rates be changed as per attached, effective June 15, 2005. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2005. ATTEST: PAT PORTER, MAYOR Carol Freas, City Clerk ~_/~ Approved by Finance'..//.../~ (3/28/05) hl Attachment Resolution 2005-08 PUBLIC UTILITY REGULATIONS AND RATES TABLE OF CONTENTS PAGE , , REGULATIONS ........................................................................................................... APX-7 1. Application for or Change in Service ..................................................................... APX-7 2. Water and Sewer Connections and Extensions ..................................................... APX-7 3' Deposits for Service ................................................................................................. APX-7 4.Charge for Water and/or Sewer Services ................................................................ APX-8 5. Hydrants ................................................................................................................... APX-8 6. Common Connections ............................................................................................. APX-8 7. Location of Water Key Box .................................................................................... APX-8 8. Sewer Service Clean-Out ........................................................................................ APX-8 9. Rental Properties ..................................................................................................... APX-9 Bo RATES ........................................................................................................................... APX-10 1. SCHEDULE A--General Domestic Service Rates (Non-metered) ..................... APX-10 2. SCHEDULE B--Commercial Service (Non,metered) ......................................... APX-10 3. SCHEDULE C--Industrial Service (Non-metered) ............................................. APX-10.2 4. SCHEDULE D--Fire Protection Service .............................................................. APX-10.2 5. SCHEDULE E--Metered Service .......................................................................... APX-10.3 6. SCHEDULE F--Permit Fees ................................................................................. APX-10.3 APX- I CITY OF KENAI PUBLIC UTILITY REGULATIONS AND RATES A. REGULATIONS The following regulations of the City of Kenai, pertaining to the water and sewer system, have been issued under the authority of Title 17 of the Kenai City Code of Ordinances. Regulations issued prior to this date are superseded by the regulations that follow: 1. Application for or Change in Sen, ice' a. It shall be the responsibility of the property owner to apply for utility service, a change in service, or discontinuance of service by signing a service order at the City Administration Building, Kenai, Alaska. b. Property owners are responsible to contact the City billing department when alterations to a .. building would change their billing account. 2. Water and Sewer Connections and Extensions' a. The property owner or his contractor may apply for a water and sewer permit fora connection and/or extension of service lines. The water and sewer permit is valid for only twelve (12) months from the date of issue. If the water and/or sewer line is not installed within twelve (12) months, a new permit, at no additional cost, will be required. b. The City will attempt to notify the owner when the permit expires. The owner can later reapply for a permit. If the owner can prove they.already paid the City' for a permit in this same location, the owner will not be charged for the new permit. The entire cost of water or sewer service connection and extension will be borne by the property owner. c. At the time the new service is provided, all connections to existing private systems, wells, septic tanks, cesspools, etc., shall be physically disconnected from the City system and their use discontinued. Ail on-site systems shall be abandoned as specified by ordinances and regulations of the City and applicable laws and regulations of the State of Alaska. d. Ali water turn-ons and turn-offs and the operations of the water valve located on the service line in the key box shall be made by City personnel only. A fee of twenty-five dollars ($25.00) will be levied on requests for turn-on and turn-off (after initial turn-on) during normal duty hours and whenever such action is required due to delinquent account. A fee of one hundred dollars ($100.00) will be levied on requests for turn-on or turn-off during periods other than normal duty hours. Turn-on and turn-off during normal working hours for line testing purposes during building construction will not be a cost to the property owner. There will be no charge for the initial turn-on during normal working hours for a first or new property owner. e. All customers shall be required to provide a separate valve inside a building being served. The valve shall be located on the water service entering the buildin, g ahead of any branch lines where it is readily accessible in event of emergency. f. Each and every building served by the water utility shall have a separate outside shut-off valve located in a valve box. The property owner is required to know the location of this valve. In the event it is impossible to get a separate outside shut-off valve within the public right-of-way, the property owner shall provide the shut-off valve within private property and execute, in favor of the City, an easement providing access for the City personnel to the key box. In the event that a functional shut-off valve cannot be located by City personnel, the City may install a shut-off valve and charge the property owner for related labor, equipment, and material costs. APX- 2 g. Owners of new or significantly modified commercial buildings are required to fi~rnish and install a water meter with a remote reading that is readily accessible to the City. 3. Deposits for Service: For domestic and commercial customers, a deposit is required of fifty dollars ($50.00) for water service and fifty dollars ($50.00) for sewer service. These deposits may be refunded upon request after two years of timely payment history. 4. Charge for Water and/or Sewer Sero'ices: a. The property owner will be charged the appropriate water and sewer rate whenever the curb stop or valve in the valve box is turned on and available to deliver water. However, if the property owner can assure the City that the water is being used for construction purposes only and not being disposed of in the Municipal Sewer System, the property owner will be required to pay only the water portion of the bill. The property owner is required to notify the City before.they start using the Municipal Sewer System. b. Property owners will not be allowed to suspend water and/or sewer services. Once water and/or sewer service line(s) are constructed and operating, the owner will be required to continue to pay the appropriate monthly rate. c. Property owners who's xvater is turned off by the City for non-payment of services will be required to follow Section 2d. including the payments for water turn-offs and turn-ons. The property owners are responsible to pay for their existing bill plus water and sewer costs as if available during the period the water is turned off for non-payment. 5. Hydrants: a. The use of fire hydrants is permitted only in special situations ~vhen approval, in writing, has been obtained from the City, and upon payment of the use charge. Failure to obtain written authorization from the City, failure to follow written instructions of the City, or any improper use of a fire hydrant is subject to the Rules and Regulations and penalty provisions of KMC 13.05 and KMC 17.05. b. A deposit of two hundred dollars ($200.00) is required to assure carefi~l use of the hydrant and will be refunded if no maintenance is required when hydrant use is completed. The use charge, which is non-refundable, is forty dollars ($40.00) per day. As an alternative charge, the City reserves the right to require metering in circumstances involving high volume usages, in accordance with rates provided in the rate schedules. c. The permit holder is required to use a hydrant wrench to slowly open and close the hydrant. During use, the hydrant must be fully opened. If using a hydrant to fill a tank, users must comply with State of AK DEC requirements for a minimum 8-inch air gap on the fill line. Tanks are required to be inspected by the City before hydrants are used. d. The fire hydrant permit may be suspended by the City of Kenai at any time (normally during CID,' water shortages). The fire hydrant permit holder is required to maintain current up-to-date contact numbers with the City. 6. Common Connections: There shall be no water and/or sewer common extensions for use by several properties or families. No connection or extension will be permitted across property lines unless they are located in a public utility easement. Every lot or individual parcel will have its own water line, valve, and meter (if not paying a flat rate). Every lot or individual parcel will have its own sewer line. 7. Location of Water Key Box: It shall be the properb, owner's responsibility to know the location of, and have marked, the key box and thaw wire for the water service. The standard key box marker shall be a 4" x 4"x 8' wood post, four feet in height above ground, painted white with black top and the word "water" stenciled in black letters no smaller than two inches high. Property owners who do not use the standard marker should have some other method of locating their key boxes or be prepared to stand the cost of location in time of necessity. APX- 3 8. Server Sero, ice Clean-Out: No person shall install a sewer extension to a building without placing in the line near the building and at every change of direction of the sewer line, a sewer line clean- out of four-inch minimum diameter. It shall be the property owner's resPonsibility to know the location of and have marked the sewer service clean-out. 9. Rental Properties: All bills are in the name of the property owner. Bills may be mailed to the renter, but the owner is responsible for all payments. APX- 4 Bo RATES The charges to users of water and sewer systems within the City of Kenai are as follows' 1. SCHEDULE A--GENERAL DOMESTIC SERVICE RATES (NON-METERED) One or two-family residence, per family unit Per Month Water Sewer $[12.54] 13.78 $[36.03] 40.35 Single or double unit apartment, per family unit [12.54] 13.78 [36.03] 40.35 Apartment, three or more units under one roof, per family unit--single bill assumed by owner. [9.44] 10.38 [27.09] 30.34 Separate billing [12.54] 13.78 [36.03] 40.35 Trailers, one or two on single lot or court (each). [12.54] 13.78 [36.03] 40.35 Trailers, three or more on lot or court, per trailer unit: Single billing Separate billing [9.44] 10.38 [27.09] 30.34 [12.54] 13.78 [36.03] 40.35 Boarding houses, per available rotan [3.33] 3.67 [9.72] 10.89 Minimum Charge: Each month's minimum charge is one full month's service, without proration. Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. Special Conditions: The above schedule is restricted to service used exclusively for general domestic purposes, as distinguished from commercial or other uses of water or sewer service. APX- 5 2. SCHEDULE B--COMMERCIAL SERVICE (NON-METERED) Demand Charge: (Applicable to individual customers where water connection is one inch or larger, and is rated on the equivalent line size. This is in addition to the Use Charge.) 1.00 inch service 1.25 inch service 1.50 inch service 2.00 inch service 3.00 inch service Larger than 3.00 inch service Use Charge: Bakery Per Month Water Sewer $[12.71] 13.98 $[36.38] 40.74 [19.36] 21.30 [53.94] 60.41 [32.07] 3 5.27 [91.57] 102.56 [48.40] 53.24 [136.73] 153.14 [72.60] 79.86 [206.98] 231.81 [108.90] 119.79 [311.10] 348.42 [36.91] 40.60 [105.37] 118.01 Bath House, tub or shower, each [8.47] 9.32 [23.83] 26.69 Bottling Works, per bottling machine [291.61] 320.77 [835.43] 935.68 Bowling Alleys, Amusement Parks [35.09] 38.60 [100.98] 113.10 Car Lot, with car wash facilities [17.55] 19.30 [50.18] 56.20 Car wash, automatic, per facility [157.30] 173.03 [449.08] 502.96 Car wash, self-service, per stall [23.60] 25.95 [67.11] 75.16 Churches, lodges, clubs, banquet rooms (no bar or restaurant facilities), per seat Cleaners and commercial laundries, per faciliD,'. [.13] .15 [.38] .43 [101.04] 111.14 [288.51] 323.13 APX- 6 Per Month Water Sewer Dairies--Installation of water meter required. Day Care Center or Preschool (in addition to other applicable domestic or commercial charge). Per child, maximum capacity .56 [1.44] 1.62 Doctors' and dentists' offices, per room or (Psychiatrists and Optometrists, apply office rate). chair [7.57] 8.32 [21.64] 24.24 Garage, service stations Additional charge for recreational vehicle dump stations (May through September only) Hangar, airplane repair: with washing facilities ILS.13] Hospitals, per bed [9.99] Hotels, motels, resorts, per room [7.87] 16.64 19.30 16.64 19.29 10.99 8.65 [43.90] [50. 8] [43.59] [50. 8] [28.85] [22.27] 49.17 56.20 48.82 56.20 32.31 24.94 Laundry, self-service, per machine [14.22] 15.65 [40.45] 45.31 Markets, meat [19.36] 21.30 [55.19] Office buildings where single bill is assumed by owner, $[16.94] per business · Office, in multiple office building where individual tenants are billed, per business [19.36] Restaurants, cafes, lunch counters, fountains, taverns and bars (with kitchens) for each seat (Note 2) [1,09] Public office building, per restroom [4.36] 18.63 21.30 1.20 4.79 $[47.67] [55.19] [3.20] [12.54] 61.82 53.39 61.82 3.59 14.05 Recreation facili .ty, per restroom, sauna or shower, etc. [8.47] 9.32 [24.15] 27.04 APX- 7 Per Month Water Sewer Recreational vehicle/camper park, per parking space (demand charge only from October through April) [8.47] 9.32 [24.15] 27.04 Schools, per seating capacity [.51] .56 [1.44] 1.62 Shopping centers (depends on stores included in shopping center, Note 1) [8.78] 9.66 [25.09] 28.10 Shops, beauty, per station or chair [8.78] 9.66 [25.09] 28.10 Shops, miScellaneous (including barber shops), per shop [8.78] 9.66 [25.09] 28.10 Sleeping room, per room (without housekeeping) facilities for [3.33] 3.67 [9.72] 10.89 Studios, photo or photo lab Supermarkets (grocery stores) [41.45] 45.59 [119.17] 133.47 [99.531 109.48 [284.75] 318.92 Theaters: Indoor, per seat Outdoor, per stall [0.07] 0.07 [0.171 .19 [0.07] 0.07 [0.17] .19 Taverns, lounges, bars (without kitchens), pet' seat [1.03'] 1.14 [3.01] 3.37 X-ray or laboratory office [24.81] 27.29 [70.87] 79.38 Note 1: Additional for other facilities such as restaurant, beverage dispensary, etc., are at the applicable use charge for each facili~. Note 2: When a restaurant serves liquor and has no separate bar, no additional charge for a bar will be applied. However, when a restaurant has a separate bar, the bar stools will be charged at the given rate. Minimum Charge: Each month's ~ninimum charge is one full month's service, without proration. Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. Special Condition' Where more than one customer is served from the same service line between the City's water main and the customer's premises, the City reserves the exclusive right to determine how the demand charge under this rate schedule shall be applied and apportioned between said custo~ners. Cesspool Pumper Charge: The fee charged for acceptance at the sewer treatment plant of septic material collected within the City of Kenai shall be thirty dollars ($30.00) per one hundred gallons. The gallons delivered shall be as estimated by the sewer treatment plant operator. APX- 8 3. SCHEDULE C--INDUSTRIAL SERVICE (NON-METERED) Per Month Water Sewer Concrete mixing plant $[159.72] 175.69 $[457.86] 512.80 Concrete products [79.86] 87.85 [228.30] 255.70 Confectioner [53.24] 58.56 [151.78] 170.00 -" Greenhouse, commercial [53.24] 58.56 [151.78] 170.00 Ice cream plant [79.86] 87.85 [228.30] 255.70 Cold storage plant or [37.51] 41.26 [106.62] 119.42 lockers Demand Charge: Note: Schedule B Demand Charge also applies to Schedule C Services. Minimum Charge: Each month's minimum charge is one full month's service, without proration. Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. 4. SCHEDULE D--FIRE PROTECTION SERVICE For automatic sprinkler system: NO CHARGE Special Conditions: (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire Protection only. (b) All fire protection lines, sprinklers, pipes, and valves on private property shall be owned, installed, and maintained by the owner and/or customer. (c) All connections between the City's main and privately owned facilities will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No tap or outlet for use other than fire protection shall be permitted on fire lines or mains, unless approved by the City. (f) In ti~nes of emergency, the right is reserved by the City to turn off any fire hydrant and/or sprinkler system at the discretion of the City Fire Chief or other authorized person. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sewers, and no cross-connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. APX- 9 5. SCHEDULE E--METERED SERVICE Per Month Water Sewer General usage, per thousand gallons of water Hydrant use and other use, per 1000 gallons of water MINIMUM MONTHLY CHARGE' All usage, 15,000 gallons of water General Usage $[1.21] 1.33 $[3.57] 4.00 .82] 3.0o $[18.15] 19.95 $[53.63] 60.00 Minimum Charge' Each month's minimum charge is one full month's service, without proration. Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. The City reserves the right to determine the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. The remote reading unit shall be installed in an area that is readily accessible to the City,. Meter repair as necessary, shall be made by the owner within 30 days or by the City with costs billed to the owner. The City may allow the amount of water to be used from a hydrant to be determined tank volume and paid by the metered service rate. 8. SCHEDULE F--PERMIT FEES Inspection fees for new water and sewer service line (one-time charge): a. Water $200.00 b. Sewer $200.00 Adopted by City Manager on April 6, 2005 (via Resolution No. 2005-08) to become effective on June 15, 2005. /s/ Linda Snow City Manager Approved by City Council on April 6, 2005. /s/ Carol L. Freas City Clerk APX- 10 WATER AND SEWER RATES CH2MHill Study Recommendation vs. City of Kenai Rates WATER Year FY 2002/03 FY 2003/04 FY 2004/05 CH2MHill Recommendation Increase Res. Rate O% $10.35 30 % $13.46 4 % $13.99 FY 2005/06 4 % $14.55 FY 2006/07 4-% $15.14 FY 2007/08 0 % $15.14 City Actual % Increase 0% 10% 10% City Future 10% Res. Rate $10.35 $11.39 $12.54 $13.78 Year FY 2002/03 FY 2003/04 FY 2004/05 SEWER CH2MHill Recommendation Increase Res. Rate 0% 35% $28.70 $38.75 4 % $40.29 FY 2005/06 4 % $41.91 FY 2006/07 4 % FY 2007/08 0% $43.58 $43.58 City Actual % In crease 0% 12% 12% City Future 12% Res. Rate $28.70 $32.14 $36.03 $40.35 WATER & SEWER TOTAL COST Year FY 2002/03 FY 2003/04 CH2MHill Recommendation Water + Sewer 10.35 + 28.70 Total $39.05 13.46 + 38.75 $52.21 FY' 2004/05 13.99 + 40.29 $54.28 FY 20O5/06 14.55 + 41.91 $56.46 FY 2006/07 15.14 + 43.58 $58.72 FY 2007/08 15.14 + 43.58 $58.72 City Actual Water + Sewer 10.35 + 28.70 11.39 + 32.14 12.54 + 36.03 City Future 13.78 + 40.35 Total $39.05 $43.53 $48.57 $54.13 Keith Komelis Page 1 April 5, 2005 Soldotna 7% increase 10/01/04, 07/01/05, 07/01/06 10/1/2004 Water Sewer 16.50 25.87 42.37 7/1/2005 Water Sewer 17.66 27.68 45.34 7/1/2006 Water 18.90 Sewer 29.62 48.52 Seward 35% Water 15% Sewer increase was effective March 05 Water 34.17 Sewer 41.06 75.23 Homer Rates subject to change every January depending on budget Water 2004 Customer Charge 4.75 General Service 20.51 Usage 15.93 41.19 2OO5 4.12 19.73 This may vary with meter size 1 8.38 Usage is based on average household using 3,500 gallons per month 42.23 Sewer 2004 Customer Charge 3.82 General Service 16.93 Usage 28.95 49.70 2OO5 3.83 16.74 This may vary with meter size '28.42 Usage is based on average household water usage 48.99 Total 90.89 91 ..22 Suggested by: City Admit. CITY OF KENAI RESOLUTION NO. 2005-09 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE SALE OF LOT FIVE (5), BLOCK ONE (1), EVERGREEN SUBDIVISION, KIM ADDITION. WHEREAS, a written request has been received from Wallace R. Jackson to purchase a lot in Evergreen Subdivision, Kim Addition for $9,$00.00 {terms); and, WHEREAS, Ordinance No. 1548-93 determined the property is not required for a public purpose and can be sold; and, WHEREAS, this lot was included in a competitive bid sale in April of 1994, with the minimum bid being the fair market value of $11,000 (cash); and, WHEREAS, no valid bids were received; and, WHEREAS, there have been no other offers to purchase this parcel at the fair market value; and, WHEREAS, KMC 22.05.040(e) states the following: If no offers are submitted meeting the minimum acceptable offer (or appraised valuation), the City Manager may negotiate for sale of said tract or tracts of land with a modification of proposed terms or for less than the appraised valuation provided that no such negotiated sale for less than appraised value shall be binding upon the City unless the terms and price therein are approved by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Council approves the sale of Lot Five (5), Block One {1), Evergreen Subdivision, Klm Addition. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of April, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk. Approved by Finance: ~ (3/25/05) kh 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us KENAI, ALASKA Memorandum Date: MarCh 28, 2005 To.' From: Rte Larry Semmens, Acting City Manager Kim Howard, Assistant to the City Manager Wallace R. Jackson Proposal to Purchase- Lot 5, Block 1, Evergreen Subdivision, Kim Addition Wallace R. Jackson has submitted an offer for $9,500 (terms) to purchase Lot 5, Block 1, Evergreen Subdivision, Kim Addition. Mr. Jackson has a home on adjacent Lot 6. He originally offered $8,500 cash and City Manager Snow negotiated with him for a $9,500 (terms) sale. The lots were offered for sale by competitive bid on April 1994 for the appraised value of $11,000 cash. There were no bidders. There have been "For Sale" signs on the lots since then. Borough assessed value for the lot is $11,200. KMC 22.05.040(e) states the following: If no offers are submitted meeting the minimum acceptable offer (or appraised valuation), the City Manager may negotiate for sale of said tract or tracts of land with a modification of proposed terms or for less than the appraised valuation provided that no such negotiated sale for less than appraised value shall be binding upon the City unless the terms and price therein are approved by resolution of the City Council. Council has approved discounted sales for several lots in the subdivision, the most recent to Bemie Doyle in June 2002 for $9,500 (cash). In September 2000 Council approved a sale to Jerry Stock for $9,500 (cash). Also, in June 1997 Council approved a discounted sale for $9,500 (cash) for four lots to Jerry Stock d/b/a New Castle Builders. Occasionally, I receive inquiries about the properties, however, there have been no other written offers made. Attached is a resolution for the April 6th Council meeting to approve the sale. Attachments /kh TR. A BALLFIELD SUBDIVISION TR. D-1 Subject Parcel UNSUBDIVlDED REMAINDER EVERGREEN RESUI TR. A-2 A ~ (1 3~-~i 4~ ~3 ILl Uj4§ - ~> §2_l~ t~05~ 26 ' ,  5F z BR¢~WlN Suggested by: Admin City of Kenai RESOLUTION NO. 2005-10 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $4,400 IN THE WATER AND SEWER SPECIAL REVENUE FUND TO PAY INCREASED COMMUNICATIONS EXPENSES. WHEREAS, the Water Department Communications budget is not adequate to pay increased line charges for SCADA systems; and, WHEREAS, funds are available for transfer from the Water Department Contingency account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Water _and Sewer Special Revenue Fund From: Water Department- Contingency $4,400 To' Water Department- Communication $4,400 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of April, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:~ (3 / 29 / 2005) hi Suggested by: Councilor J CITY OF KENAI RESOLUTION NO. 2005-11 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE STATE LEGISLATURE PROVIDE FUNDING TO MUNICIPALITIES FOR PERS INCREASES. WHEREAS, the State has notified communities that rates for the State Public Employee Retirement System (PERS) will increase by more than 400%; and, WHEREAS, PERS rates have been increasing annually by 5% of total salaries paid by municipalities and w/Il reach approximately 30% of the salary of every public employee for the next 25 years to pay the "unfunded liability" of the State PERS program; and, WHEREAS, the City of Kenai has paid the PERS contribution rate as determined by the State of Alaska; and, WHEREAS, mandatory State PERS increases on top of the loss of municipal revenue sharing, and fuel, insurance and other cost increases leave many municipalities without the resources to fully fund schools, police or other basic services; and, WHEREAS, municipalities with property taxes face 1 to 6-mill property tax increases just to pay state mandated PERS costs over the next three years (average 1.65 mills). However, many municipalities have local tax caps that preclude such increases which will require municipalities to make deeper cuts to local basic services; and, WHEREAS, the Alaska Municipal League and many municipal elected officials and finance directors have been "at the table" to help the State adopt a new PERS/TRS "tier" to help control future costs; and, WHEREAS, the State has received a huge increase in oil revenue while communities face steeply higher expenses. For every $1 increase in the price of a barrel of oil the State government receives an additional $65 million of new revenue per year while Alaskan cities, boroughs, schools, businesses, other organizations and families pay $20 million of higher new costs for fuel, transportation, etc. based on federal fuel usage figures for Alaska; and, WHEREAS, if the State fails to share a small portion of its huge oil revenue increases with our community/local taxpayers to offset State required PERS payment increases for at least the next two years, the impact on the City of Kenai will be $566,000, which is equivalent to 1.4 mills of property tax. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that that the members of the Alaska State House and Senate are strongly urged to approve the Governor's proposed $37.5 million appropriation to offset the Resolution No. 2005-11 Page 2 of 2 cost of State required municipal PERS increases for the next two years. will help to avoid higher local taxes and/or large cuts to local services. This action PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (3 / ~.s / os sp) EENAi PENINSULA EIC 144 N. BINKLEY SOLDOTNA. ALASKA 99669-7,.,,.,9 BUSINESS f907) 714-2160 FAX (907) 262-86!5 :_MAIL: assemblyclerk@borough.kenai.ak.us March 28.2005 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 LINDA MURPHY, MMC BOROUGH CLERK Re: Application for Renewal of Liquor License Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai, Alaska: Club BPO Elks Lodge - #2425 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, MMC Borough Clerk applicant ci.~;bfKenai' ~ KPB Finance Department File S:\WPWINXDATA~d{C'BXAbc-letters~RENEWALSXRenewal in City.will KIENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 .. BUSINESS (907)714-2160 FAX f907) 262-8615 ',, EMAIL: assemblyclerk@borough.kenai.ak.us March 23, 2005 LINDA MURPHY, MMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 Re; Application for Renewal of Liquor License Dear Ms. Holland-Williams. Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai, Alaska: Bevera_~e Disp. License _ Rosita's Mexican Restaurant - #3039 The Rainbow Bar - # 1312 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, MMC Borough Clerk applicant KPB Finance Department File S:\WPWIN'XDATAXABCB~Abc-letters~I. ENEWALS~tenewal in City. will CITY'OF KENAI -~vpe: Beverage Dispensary tense: Kenai Joe's - 05/06 - #626 · ~ocation: 801 Cook Owner: Roy Dale Howard Agent: N/A Phone: 283-5637 Mailing Address' PO Box 2818 Kenai, AK 9q611 Type: Beverage Dispensary License: Rosita's Mexican Restaurant- 05/06- #3039 Location: 205 S Willow Suite A Owner: Carter Enterprises Inc. Agent: Jose R. Carter Phone: 283-8181 Mailing Address: 205 S. Willow Street Suite A Kenai, ..AK 00611 Type: Club License: BPO Elks Lodge #2425- 05/06 -#368 Location: Alyeska St. Owner: BPO Elks Lodge #2425 Agent: Pete Mysing Phone: 283-7776 Mailing Address: PO Box 666 Kenai, AK 00611 Type: Beverage Dispensary License: Rainbow Bar, The - 05/06 - #1312 Location: 502 S Main St }wner: D&E Investments Inc. .agent: Eiton McGahan Phone: 283-4656 Mailing Address: 502 S. Main St Kenai. AK 90611 OF SELDOVIA Ty Restaurant/Eating Place Seaso~ Licen "Mad Fish Restaurant, The 221 Main Owner: 'herine K Fitzgerald Agent: Phone: Mailing 05/06 - #209 PO Box awer E Seldo,5a. AK 99663-9998 CITY OF S Type: Rest Place Public Convenience Seasonal License: rant - 05/06 - #3551 Location: 1404 Owner: Fam-Al· Inc Agent: Sandra ,z~anaszed Phone: Mailing ;s: PO Box 2786 rd. AK 99664 CITY/~ ~OLDoTNA ~yp~ Beserage Dispensary Tourism Li~6nse: Riverside House -' 05/06 - #3361 L§cation: 44611 Sterling Hwy 3/22/2005 AGENDA KENAI CITY COUNCIL- REGULAR MEETING MARCH 16, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) , Christy Miller-- FEMA/National Flood Insurance Program ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNC!L-__~ ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: , , PUBLIC HEARINGS , Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly ~ of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re-subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision Excluding Evergreen Subdivision Klm Addition From Rural Residential (RR) to Recreation {R). . Ordinance No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General Fund for a Grant for One (1) Traffic Safety Speed/Message Trailer. , Resolution No. 2005-07 -- Authorizing Application for Funding Assistance for an Outdoor Recreation Project, Kenai Soccer Park, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. ITEM G: MINUTES o *Regular Meeting of March 2, 2005. ITEM H: OLD BUSINESS o ITEM I: Approval -- Kenai City Council Student Representative Policy NEW BUSINESS , o Bills to be Ratified . , Approval of Purchase Orders Exceeding $2,500 Ordinance No. 2078-2005 -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Pubhc Utility Regulations and Rates." , . e *Ordinance No. 2085-2005 -- Clarifying KMC 22.05.080(a) and Amending It by Adding Language to Allow the City to Lease, Devote or Grant Real Property to Qualified IRS Section 501(c)(31 Non-l:h'ofit Corporations Without Public Sale at an Agreed-Upon Consideration. *Ordinance No. 2086-2005-- Declaring Parcel #049-130-14 KN000142:2 T05N R11W SO 1 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is Needed for a Public Purpose. Approval -- Request for Termination of Lease/Cliff R. Everts d/b/a Everts Air Fuel, Inc. -- Lot 5, F.B.O. Subdivision No. 8. . Approval -- Renewal of Shore Fishery Lease/Randy Canady-- Tracts 5 & 6, Shore Fishery Plat No. 71 ITEM J: . 2. 3. 4. 5. 6. 7. COMMISSION/COMMITTEE RRPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: ,, REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING MARCH !6, 2005 7:00 P.M. KENAI CITY COUNC~ CHAMBERS http' //www. ci.kenai.ak.us MAYOR PAT PORTER, PRF~IDING MINUTES ITEM A: CALL TO ORDER ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A- 1. PLEDGE OF ALLEGIANCE ,, Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were- Rick Ross Mayor Pat Porter Cliff Massie Blaine Gilman (7'03 p.m.) Joe Moore James N. Buffer, III Linda Swamer A quorum was present. A-a. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: REPLACE: ADD TO: ADD TO: F-3, Resolution 2005-07-- Estimated Annual Operation & Maintenance Costs attachment to memorandum included with resolution. Item I-3, Ordinance No. 2078-2005 --Addendum to 3/7/05 memorandum, with w/s regulations & rates comparison, included with the ordinance. Item L-1~ Department Head Reports -- Kenai Fire Department Report MOTION: Council Member Moore MOVED for approval of the agenda with the requested changes and Council Member Massie SECONDED the motion. Council Member Ross requested UNANIMOUS CONSENT. There were no objections, ilO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 2 Mayor Porter noted the following: REPLACE PAGE NO. 8: MOTION: Item G- 1, 3 / 2 / 05 Council Meeting Minutes (correction at H-1, second bullet, the value of the land is not considered an in-kind contribution...) Council Member Moore MOVED to approve the consent agenda with the noted change to Item G-1 and Council Member Ross SECONDED the motion. Council Member Massie requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS Christy Miller -- FEMA/National Flood Insurance Program Miller clarified, she is employed by the Department of Community & Economic Development at 550 West Seventh Avenue, Anchorage. Miller discussed the National Flood Insurance Program (NFIP) made available through the federal government. She explained, though the City of Kenai is within a flood hazard area, the city does not currently have an ordinance meeting federal standards for flood insurance and without one, no federal financial assistance for acquisition or construction purposes is available for properties within the city limits. Miller noted, because new maps and updating of maps is taking place with federal funds, this would be an opportune time to participate, flood insurance will cover flood- related erosion, and it is a good pUblic pOlicy for the city to consider participating. She added, the city would be covered for damages caused by coastal storms ff it has a federal flood insurance policy. Council Member Swamer reported she had not had any commentS from constituents after the 1995 flood stating they wanted the city to participate. She added, she would not support the city's participation at this time. Miller reminded council of the Flood Plain Conference scheduled to be held in Seward on March 31 and April 1, 2005. City Manager Snow asked if there would be any way to fit Kenai in the updating of the maps as the maps would be very helpful to the city's planning department. Miller answered, if the use would work into the Borough's mapping of the fiver area and . indicated she would discuss the issue with the borough's planning department. ITEM C: UNSCHEDULED PUBLIC COMMENTS-- None. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 3 ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCH-S Assembly Member Betty Glick-- 1601 East Aliak, Kenai. Glick reported on actions taken at the Assembly meeting of March 15 which included the second hearing held on the proposed bed tax ordinance. She noted, comments ranged from "unfairly targeting lodging entities" to "in support as an additional avenue for revenue generation." She added, amendments will be made to the ordinance before it is considered for passage and the next public hearing is scheduled for April 5. Glick also noted an ordinance suggested by the mayor to provide for increased revenue enhancement measures was introduced and included increasing the sales tax to 2¥~%; recommending recreational reducing the senior citizen/disabled veterans proper~ tax exemption to the first $200,000; providing that taxes on recreational package sales be calculated on a per-person per-day basis; and, imposing a cap on the amount of funds held in the Land Trust Fund. ITEM E: ,,REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, KCVB Executive Director-- 11471 Kenai Spur Highway. Renken noted activities to take place at the Center including an Easter egg hunt; Project Kenai; and, organiz~g a Saturday market. Renken also noted the next board of directors meeting would be held on March 28. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly ~ of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re-subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision Excluding Evergreen Subdivision Kim Addition From Rural Residential (RR) to Recreation (R). MOTION: Council Member Gilman MOVED for adoption of Ordinance No. 2083-2005 and Council Member Massie SECONDED the motion. 'The floor was opened for public hearing. Ben Langham, 1806 Fourth Avenue, Kenai -- Langham reported he resides at the comer of Evergreen and Fourth Avenue. Langham referred to a joint letter submitted KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 4 by property/homeo~ers in the Evergreen Street area which was included in the packet. He noted, they understood the proposal for placement of soccer fields in the area with future proposed plans to add ballfields, a campground and park. He requested council to consider their concerns expressed in the letter. Langham also stated he understood council was considering the rezoning of the area and not the use of it with this ordinance, though what would be included in the development would affect the homeowners there. Violetta Strait, 308 Evergreen Street, Kenai-- Ms. Strait referred to comments she heard at the Planning & Zoning Commission meeting, including: · There is no park in the area for the neighborhood. Strait stated a park is currently at the end of Fourth Street, though it is not used because it is a private area. She is concerned about its use if there is an Evergreen Park too. · Very concerned of increased dust in the area. Many of her neighbors have asthma concerns. It was understood there would not be grass planted. They bought their property because they felt it would be a housing area and not people playing. · There must be a bigger buffer zone. · Maintenance costs are a concern. Comments at the Commission meeting mentioned the soccer league may help in some of the work. She does not want a messy area. · She is concerned of the people who may want to access the fields from Evergreen and the increased foot traffic to the fields through private property. Strait also submitted a letter from Sue Olson and requested the letter be read into the record. Strait stated she would appreciate the council considering her concerns and added, she would like the area to remain a quiet one and suggested a user agreement including noise control regulations. In response to the concern stated of additional dust, Parks & Recreation Director Frates indicated the entire area will be seeded. Strait noted, it had been indicated the parking areas would not be paved, which will increase dust in the area. Council Member Moore invited Strait to attend the upcoming Parks & Recreation Commission meetings and participate in the planning of the fields. Imtter of Sue Olson, 313 ~'~rergreen Street (and adjoining lot) -- City Clerk Freas read the letter into the record which expressed the following points: · Concern of the proximity of the soccer fields in relation to the four existing homes located next to the proposed area of development. · Suggested an adequate buffer zone between the homes and fields. · Concern the existing trees would be removed that currently provide privacy, sound and wind barriers and dust control. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 5 · Concern additional foot traffic could develop. · Concern unsupervised children could come onto her property if an adequate buffer is not there and suggested a fence along the buffer be included. · Suggested the fields be designed to not be placed directly behind the existing homes. There being no further public comment, the public hearing was closed. Council Member Ross stated he would support the rezone. He noted, the property to be used is the old land fill which will never be used for development and using the area for recreation is an appropriate use. Ross stated he felt the planning of the area should be returned the Parks & Recreation Commission for their review and recommendation and allow the community time to make additional comments. Council Member Butler stated he would support the rezone. He stated he had driven around the neighborhood and understood the concerns of the property owners. Buffer also stated he appreciated the constructive comments made and he would do his best to incorporate the concerns in the development of the property. VOTE: Ross Yes Gilman Yes Butier Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. Ordinance No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General Fund for a Grant for One {1) Traffic Safety Speed/Message Trailer. MOTION: Council Member Massie MOVED for approval of Ordinance No. 2084-2005 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. Jim Jenckes, 51~ Maple Drive, Kenai -- Stated his support of the acquisition of the trailer as the indication of the vehicle speed helps drivers to remain within the speed limit. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 6 Lt. Klm Wanamaker, Kenai Police Department -- Explained the trailer discussed in the ordinance had not yet been purchased. However, there is a trailer being used currently which is property of the Department of Transportation and is on loan to the city. Wanamaker also noted, the speed trailers are used to enhance motoring safety and create a preventive measure instead of reactive. It was also noted, the trailer will have a message board which will be able to be used to warn of road conditions, closures, etc. There being no further requests to speak from the public, the public hearing was closed. Moore, Massie and Ross stated their support of the ordinance. VOTE: Ross Yes Gilman Yes Buffer Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. F-a, Resolution No. 2005-07 -- Authoriz~g Application for Funding Assistance for an Outdoor Recreation Project, Kenai Soccer Park, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. MOTION: Council Member Gilman MOVED for the adoption of Resolution No. 2005-07 and Council Member Buffer $~ONDED the motion. The floor was opened to public hearing. Greg Zorbas, 1308 Barabara Drive, Kenai -- Zorbas stated he was involved with the soccer program as well as Pop Warner football. Because of thc number of children participating in the programs, they are always in need of areas for practicing and playing. He stated his support of the grant application for building fields. Jack Evans, 308 James Street, Kenai -- Evans explained he is employed by the Kenai Peninsula Borough as the lead landscaper. He noted difficulties experienced to get on the fields to maintain them because of the amount of users. He encouraged the council to support the resolution as additional fields are desperately needed. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 7 Mack McBride, 1111 Fifth Street, Kenai-- McBride explained he is employed by the Borough as the maintenance coordinator and is responsible for landscaping borough wide. McBride stated, fields must be kept in good condition for safe use. When they are used a lot they can become unsafe and have to be closed until the condition is safe again. With additional fields available, it will be easier to keep and maintain safer fields. Jim Jenckes,/516 Maple Drive, Kenai -- Jenckes stated his support of the resolution, and added, additional soccer fields in Kenai would be great and it might bring more people into the area. Mike Tilly, 115 Iowa Street, Kenai -- Tilly explained he is a "soccer Dad" and is a member of the Soccer Club Board of Directors. He added, their club continues to grow and has up to 250 participants. Tilly stated, he helped Parks & Recreation Director Fates in collecting information for the grant. He noted, the Club does not feel it is a singular-use area and considered other user groups. Tilly stated, they need more safe fields and encouraged council's support of the grant. There being no other public wanting to speak, the public hearing was closed. City Manager Snow noted the following: · The city's match for the grant would probably be paid from the current budget. The document identified Daubenspeck and General Fund monies for the match. The funds are available and will need to be appropriated when the match is due. · Notification of award is expected in early May. · An estimated $310,679 would be required for the match including the sponsor's share and of it and $140,167 is currently in the Daubenspeck General Funds. With projected earnings, an additional $35,000 would come from the Daubenspeck funds. The estimated in-kind contributions were $58,427 (which changes with additional items that can be attributed to in-kind). The General Fund balance portion would be approximately $77,000. She noted, these are estimated costs based on the percentage of the total project cost. · It is time-sensitive to proceed with the submission of the grant application and the issue would return to council to accept an award. Snow also noted, they tried to place the most limited amount of land out of Section 36 the project could pay for in terms of development in order to increase the in-kind value and so identified the one parcel and involved other user groups. The conceptual drawing indicated a proposed park, etc. and with the availability of that property and other users, the city'S in-k/nd contribution may be able to be increased. She added, the cash funds being requested from the grant will be used for purchases. If there is support from the user groups, the in-k/nd will be increased by increasing usage of the KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 8 parcel. Snow added, the project would incorporate 53 acres of land, of which the city will use the first phase one of the project as the approximate 20 acres. Ross stated concern the city would be receiving a grant for the use of 22 acres, but pledging 53 acres into perpetuity and would not be able to use for application for another federal grant. Parks & Recreation Director Frates stated, the imtial thought would be to construct four fields to address the immediate need. In the next few years, he believed there would be opportunity for the user groups to add fields on the remaining 30 acres. Ross stated he would support the resolution because of the time-sensitive nature, but would not represent he would support the award if he is not, at that time, satisfied the city has not over pledged. He noted, in the past properties had been pledged and a lot of effort was expended to make changes. Moore stated he concerns related to comments made. Snow stated she agreed, the city would be prohibited from applying for another of Land and Water Conservation Fund (LWCF) grants for that area, bUt would not be prohibited from applying for other grants that could become available for parks and recreation activities. Buffer asked, if the resolution is amended to reduce the total amount of property set aside in perpetuity and submit the application and additional in-kind contribution will be required, could the city find out the minimum amount needed to pledge and not use the entire 53 acres. Snow stated, the in-kind is a percentage and she did not believe it would be a problem to amend the acreage. Gilman asked if, when the city initially applied, was it represented the amount of land would include the 53 acres. Snow answered yes. Gilman asked if that was why the city's application was placed as the second project on the list. Snow answered, she could review the information and find the amount of points given for the inclusion of the property, but she did not feel that was the major criteria for the city receiving the request for submittal. Gilman asked if the city changed the criteria, would the city lose its place on the list. Snow stated, though it was unknown whether that would happen, she did not feel it would happen. Swamer stated, if the city indicated 53 acres initially, the amount of acreage should not be changed at this time. She added concern the discussion did not take place earlier in the effort. Ross stated, the written comments he submitted suggested the land pledged to the grant should be the minimal size of the actual project. He added, he did not feel comfortable pledging the entire acreage and understood there were other grants that could be used in the area, but the federal grant programs require pledging land. Moore agreed. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 9 MOTION TO AMEND: Council Member Gilman MOVED to amend Resolution No. 2005-07 in the 'now, therefore', Item 2 to read," .... to develop the twenty-five (25) Acres of land noted above..." from fifty-three {53) acres and change the wording in the third whereas as appropriate. Council Member Butler SECONDED the motion. VOTE ON AMENDMENT: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner No Massie Yes MOTION PASSED. Discussion followed related to the affects the amendment could have on the application since the initial submittal referred to the 53 Acres of property. Snow stated she did not think it would change the score or ranking of the project; a separate metes and bounds description would be required; and, several extra weeks were given to the city to submit the application. Snow stated, if it was council's will to include only 22 acres in the application, that is what would be done. She noted, the grant application discussed future playing fields, future playground, and future unspecified recreation area. Ross stated, unless there is a change in the grant process, he did not feel it a problem for the city to submit the overall plan, but only dedicating 22 acres. Parks & Recreation Director Frates stated he would call and confn-m. Discussion followed in which it was questioned whether Item 3 of the "now, therefore" should refer to the Daubenspeck Fund for council's reference. A motion was made to amend the wording, but later withdrawn because it was explained the Daubenspeck Fund is a part of the General Fund and when the ordinance comes forward to appropriate the city's portion, it could indicate the division of portions. VOTE ON MAIN AMENDED MOTION: Ross Porter Yes Yes Massie Yes Gilman Moore Yes Yes Buffer Yes Swarner Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 10 BREAK TAKEN: 8:35 P.M. BACK TO ORDER: 8:45 P.M. ITEM G: MINUTES G-1. Regular Meeting of March 2, 2005 -- Amended and approved by consent a§enda. ITEM H: OLD BUSINESS H-X, Approval-- Kenai City Council Student Representative Policy Mayor Porter referred to the policy included in the packet and explained she and Council Member Massie presented it to the Kenai Central High School principal who suggested "subject of approval of the KCHS administration" be added to Item 4. Discussion followed relating to whether requiring KCHS administration's approval of who the students elect for the position would be circumventing the democratic process. It was noted, council limited the student representative seat to the Kenai Central High School and unless the intention was to open it to other schools, home- schooled students, etc., KCHS administration should be allowed to represent their school. Porter suggested going forward with this form of policy and consider mending it later if there are problems. MOTION: Council Member Massie MOVED for approval of the Kenai City Council Student Representative Policy and Council Member Ross $~OI~ED the motion. VOTE: ,, Porter Yes Moore Massie Yes Yes Yes Buffer Swarner Yes Yes MOTION PASSED UNANIMOUSLY. It was suggested a student could probably be elected and begin attending meetings in the fall. ITEM I: NEW BUSINESS ,, I-X, Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 11 Council Member Moore MOVED to ratify the payments over $2,500 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Approval of Purchase Orders Exceeding $2,500 MOTION: Council Member Buffer MOVED for approval of the purchase orders exceeding $2,500 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-3. Ordinance No. 2078-2005 -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." MOTION: Council Member Moore MOVED for introduction of Ordinance No. 2078-2005 and Council Member Swarner SECONDED the motion. There were no public comments. MOTION TO AMEND: Council Member Ross MOVED to amend Ordinance No. 2078-2005 at KMC 17.05.070(i) changing "no one" to "no unauthorized person..." Council Member Moore SECONDED the motion. VOTE ON AMENDMENT: Porter Yes Moore Yes Swamer Massie Yes Yes Yes MOTION PASSED UNANIMOUSLY. Public Works Manager Komelis reviewed a memorandum included in the packet with the ordinance. The memorandum noted the purpose of the changes to Title 17 were to update and clarify the rules and regulations; organize the rules and regulations; make the rules and regulations easier to read and understand; make the rules and regulations fair to all users; make the items common to water and sewer consistent; KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 12 delete the outdated rules and regulations and not used; and increase operational service costs. The memorandum also described the major changes. A lengthy discussion followed relating to expansion charges. Komelis reviewed comparative information and noted a discussion he had with a City of Soldotna representative which was outlined in the Addendum memorandum. Other comments included: · line. the line. · An expansion fee is money set aside and placed in a capital reserve .fund for future expansion of the system. * Comments received from individuals were to maintain Kenai's permit fees at less than the City of Soldoma fees. · Keeping the administration of the fees simple would be advantageous. · If the line is plugged and it is caused by the property owner, the property owner is responsible for paying for the repair. Homeowner insurance does not cover costs for repairs past the property The city bills contractors, utility companies, etc. if they cause damages to If a plug in the line is undetermined from where the plugging originated, the city takes responsibility for the cost of repair to the line. · An approximate cost for the city to repair a line is $2,000 (unless repair of asphalt or winte~e costs are involved) and an average of occurrences is three times a year. · Concern there is no city responsibility for the water connection from the main line to the key box, though the responsibility from the main into the structure is currently the property owners. VOTE ON INTRODUCTION AS AMENDED: Ross Porter Massie Yes Gilman Yes Moore Yes Yes Yes Buffer Yes Swamer Yes MOTION PASSED UN~IMOUSLY. Ordinance No. 2085-2005 -- Clarifying KMC 22.05.080(a) and Amending It by Adding Language to Allow the City to Lease, Devote or Grant Real Property to Qualified IRS Section 501(c){3) Non-Profit Corporations Without Public Sale at an Agreed-Upon Consideration. Introduced by consent agenda. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 13 I-5o Ordinance No. 2086-2005 -- Declaring Parcel #049-130-14 KN0001422 T05N R11W SO 1 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is Needed for a Public Purpose. Introduced by consent agenda. Approval-- Request for Termination of Lease/Cliff R. Everts d/b/a Evens Air Fuel, Inc. -- Lot 5, F.B.O. Subdivision No. 8. MOTION: Council Member Swarner MOVED to approve the lease termination for Lot 5, F.B.O. Subdivision No. 8 from Cliff R. Everts d/b/a Everts Air Fuel, Inc. Council Member Moore SECONDED the motion. City Attorney Graves reported, if the lease were to continue, the city would receive approximately $10,000 in annual lease payments, or $550,000 (plus lease adjustments); it is a 55 year lease; no specific reason was given for the request for termination; and, the lease provision allows the lease to be terminated by mutual consent. Snow also noted, after Everts' presentation to council, administration had discussions with them, but never made any representations the council would give them money to help develop the property. Gilman stated he was hesitant to release them from the lease as they could find someone else to take over the lease and assume the payments. Graves added, if they refused to pay, the city would have to take steps to collect owed payments. Ross asked if their business plan changed. Graves stated, administration was told their development costs were higher than they anticipated. Ross stated he was inclined to allow the termination as the city had no costs involved at this time. Snow also noted, Everts was current in all their other lease payments and when they met with administration and discussed the possibility of the city assisting in development of the property, they were asked to submit a written request to council and no letter was forthcoming. Moore stated this was the second lessee who decided not to move ahead with development of the property due to the costs involved. He encouraged finding a way to develop the lots in order to acquire lessees for the lot(s). VOTE: Ross Yes Porter Yes Massie Yes Gilman No Buffer Yes Moore Yes Swarner Yes MOTION PASSED. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 14 I-7o Approval -- Renewal of Shore Fishery Lease/Randy Canady -- Tracts 5 & 6, Shore Fishery Plat No. 71 MOTION: Council Member Massie MOVED to approve the renewal of the Shore Fishery Lease, Tracts 5 & 6, Shore Fishery Plat No. 71 to Randy Canady and Council Member Swarner SECONDED the motion. VOTE: Ross Yes Gilman Yes Buffer Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. ITEM J: COMMISSION/COMMITTEE REPORTS · J-1. Council on Aging-- Council Member Gilman reported the meeting summary was included in the packet. It was noted there was discussion related to selling pull tabs as a fundraising activity. It was clarified, the Senior Connection was considering the activity. It was asked if there are restrictions from such an activity on city property and City Attorney Graves stated he had discussed the issue with Gaming representatives in the past when there was consideration of selling pull tabs at the airport. He learned there were no restrictions. J-2. Airport Commission -- Council Member Massie reported the meeting summary was included in the packet. He noted, the meeting discussion was predominantly about fuel tanks at the float plane basin. Council Member Swarner reported the Airport Commission work sessions relating to the Supplemental Airport Plan had been scheduled for March 29, 6-9 p.m.; April 14, 6-9 p.m.; and May 12, 5-8 p.m. J-3. Harbor Commission -- Massie reported the meeting summary was included in the packet; the main topic was the dip net fishery and the Commission's recommendations. A brief discussion took place as to when the new dip net plan would be available for council's review. Snow explained, at the end of each season, all departments {dip net committee) involved with the fishery submit a report which is combined with the committee's recommendations and referred to commission for review and KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 15 recommendations. After the commissions have reviewed and made their recommendations, the dip net committee meet again, review and discuss the recommendations and determine what items would be best to move forward with and request funding in the budget. Council requested a document stating what new rules, etc. will be implemented before the budget process. Library Commission -- No report. J-5. Parks/is Recreation Commission -- Council Member Moore reported the meeting summary was included in the packet. He noted, most of the discussion was related to the proposed soccer park grant application. Moore also stated it was apparent there would not be a quorum for the April 7 regular commission meeting. He requested a special meeting be held on April 21 for further discussion of the soccer park plan. There were no objections from council. Porter referred to two applications included in the packet for possible appointment to the Parks & Recreation Commission to fill the position left vacant by the resignation of Kendra Steiner. She stated she would postpone making an appointment until the next council meeting. City Clerk Freas referred to a memorandum included in the packet noting the resignation of Steiner and the applications attached as well as acknowledgement Commissioner Ryan Mills had moved out of the city limits. She noted, the Kenai Municipal Code allows up to two members of several commissions to reside out of city limits if council has no objections. Council stated no objections to allowing Commissioner Mills to remain on the Parks & Recreation Commission. J-6. Planning ~ Zoning Commission -- Moore reported he attended the meeting, the meeting minutes were included in the packet, and the Commission recommended approval of the Randy Canady shore fishery lease renewal. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Council Member Swarner reported the meeting summary was included in the packet. J-Tb. Alaska Municipal League Report -- Swamer reported the Economic Development Subcommittee met telephonically on Monday, March 14. She also reported she planned to attend the April 19-21 AML Legislative Fly-In meeting in Juneau. J-7c. Arctic Winter Games -- Moore reported he would not be available to attend the next Board meeting scheduled March 17. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 16 J-?d. Stranded Gas Committee -- Council Member Ross reported a teleconferenced meeting was held on March 11. He was not available to participate, but from conversations he had with others who did attend, sales tax was discussed though it would not affect the Borough or the city sales tax. Ross also gave a brief report regarding the Agrium Task Force. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported her trip to Washington, DC was a very good experience. She noted, she met with Senators Stevens and Murkowski and discussed the bluff erosion/coastal trail. Advice received was to refer to the project only as a coastal bluff erosion project because there will be no funding for trails; funds for the erosion project need to be kept as a Corps project; and, a city-wide strategy should be developed. Porter also reported a digital presentation about the project should be developed for use with the public. ITEM L: ADMINISTRATION REPORTS L-1. City Manager -- City Manager Snow reported the following items: · The monthly department head reports were included in the packet. · Larry Lewis, Department of Fish & Game gave a presentation at the Chamber relating to living in harmony with bears and the city was noted because of the efforts between the residents in the Vahalla/Dogwood area, the Department of Fish & Game, and Kenai Police Department. Fish & Game will be submitting a grant application for additional funds for dealing with bear populations in other areas and has asked the city to work with them. Snow also suggested she request Lewis to make the presentation at a council meeting. Council had no objections. Moore requested an update to the airport restaurant lease and Snow reported the lessee asked for their request to rescind their lease on Space 21 to be put on hold while they consider some options. L-2. Attorney -- City Attorney Graves referred to his letter to Representative Chenault regarding HB 184 {included in the packet), prohibiting a municipality from enacting or enforcing an ordinance regulating the possession, sale, transfer, use or transportation of firearms in a manner that is inconsistent with state law. Graves suggested sending the same letter to the co-sponsors of the bill. Council had no objections. City Clerk-- No report. ITEM M: DISCUSSION M.-X. Citizens-- None. KEN~ CITY COUNCIL MEETING MARCH 16, 2005 PAGE 17 M-2. Council Moore -- · Requested the multiuse facility report include year-to-date information. · Relating to the presentation regarding flood insurance, the city has some buildings that are subject to bluff erosion and coastal storms, as well as businesses on Bridge Access Road. Swarner-- Relating to the airport restaurant lessees, she suggested all current and future business people are treated alike and the city have a welcoming hand when asking for assistance. Massie -- Stated the bears that had been an issue in the Vahalla area, moved to Kenaitze Court. Ross -- No comments. Gilman-- No comments. Porter -- Noted a roundtable discussion relating to the proposed bed tax would be taking place at the next Chamber luncheon. EXECUTIVE SESSION- None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 9:50 p.m. Minutes transcribed and prepared by' Carol L. Freas, City Clerk Council Present: Staff Present: KENAI CITY COUNCIL WORK SESSION TITLE 17, SUGGF~TED AMENDMENTS MARCH 2, 2005 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTF_,~ Joe Moore, Rick Ross, Cliff Massie, Pat Porter, Blain Gilman, and Jim Buffer City Clerk Freas, City Attorney Graves, City Manager Linda Snow, Buflcling Official Springer, Public Works Managers Komelis and La Shot Mayor Porter opened the work session at approximately 6:00 p.m. Public Works Manager Komelis reviewed his memorandum included with the packet of information, noting the goals in making the proposed changes to the regulations. Komelis also distributed an updated regulations and rates comparison of Kenai (present and proposed), Soldotna, Homer, Seward, Anchorage and Wasilla. Each "major change" included in the February 2, 2005 memorandum was reviewed and discussed as follows' o The property owner is responsible for the water and sewer service lines from the structure to the main line. Prior ordinance had the City responsible for the "connection" (main line to property line) even if the line was plugged by the owner. Currently, the extension and connection from the house to the main, if frozen, is the responsibility of the property owner for repair. It is proposed for this to continue as written. Currently, for a plugged sewer line, if it is in the extension from the property line to the main, it is the owner's responsibility; ff it is from the connection to the main, it is the city's responsibility. Proposed change: It is the owner's responsibility if the plug is in the extension or the connection (the whole service line). He explained, in most instances it is the property owner installing the line to the main, however the city inspects it; in many instances, the plug is from items flushed into the line. Because the water/sewer system is like a co-op, the rest of the members of the co-op should not be responsible in paying for costs incurred to repair the line caused by another member of the co-op. Exceptions are included in the code. If the problem occurs from somewhere else in the line and it is not known from where, the city assumes the cost of repair (current policy and no change is being requested to it). Council made no suggestions for change. e The water and sewer permit is valid for six (6) months and the cost was increased from $100 to $200. tCENAI CITY COUNCIL WORK SESSION MARCH 2, 2005 PAGE 2 The six month validity would not mean someone would have to pay again and will allow better tracking. The increase to $200 was suggested by finance. Administration was requested to further investigate the expansion fee. Council suggested the city notify (by postcard) prior to the expiration date of the permit. Also, a change from six months to one year for both Items 2 and 3. e There is no charge for water or sewer from when the permit is paid for six (6) months unless there is a final inspection or the building is occupied, in which case appropriate monthly charges start. Council suggested a change from six months to one year for both Items 2 and 3. o Property owners are required to contact the City to apply for water and sewer services, change in service, discontinuance of service or whenever they alter their building. No changes suggested by council. Se Owners of new commercial buildings are required to furnish and install water meters with a remote reading. This will require meters on new commercial buildings or if an old building is modified. No changes suggested by council. e The fee for turning the water service off or on (except for the frrst time) was increased from $10 to $50 during normal duty hours and from $20 to $100 for overtime hours. This includes water turn off and on for non-payment of services. Council suggested changing the fee for 'normal duty hours' from $50 to $25. had no objections for the increase of fee for overtime hours ($100). Council e Property owners would now be allowed to suspend water and sewer service but will have to pay for the water turn off and on. Council suggested no suspension of water/sewer Service be allowed (the rest of the users would not have to absorb the costs of the lack of payments from others who may leave for winter months; fire service is maintained all year; less administrative headaches, etc.). e Service customers will have to maintain their grease, oil, and sand interceptors to remove grease or off-laden wastes. KENAI CITY COUNCIL WORK SESSION MARCH 2, 2005 PAGE 3 Will place more responsibility on the business owner with dumping of grease, etc. in order to keep sewer mains unplugged by grease. The building code currently requires traps. This will require the owner to maintain records of emptying the grease, etc. Some retrofitting may be required. Council made no suggested changes. The customer deposit was raised from $20 to $50 for each service (refunded after two years). Council made no suggested changes. 10. Using a fire hydrant requires a deposit of $200 (increased from $150) and the cost of water was increased from $30/day to $40/day (or at metered rate). Council made no suggested changes. Administration agreed with Council Member Ross relating to "discontinuation of service" and will make changes to the language to read "after 21 day's notice." Administration was requested to review private self-contained water system at KMC 17.10.040 and 17.20.040. It was determined no further work session would be required to further review the changes. However, updated materials would be included with the ordinance at its introduction. Ross requested the ordinance not be included on the consent agenda for introduction in order to receive two public hearings. No objections were noted. The work session ended at approximately 6:50 p.m. Notes prepared by: Carol L. Freas, City Clerk Z (.,1 Z ::3 0 0 n,'Z z 1:3 LU n,, 0 Z uJ Z Z Z Z w z n,' 0 LLI :::3 LU I'-- z LU Z 0 ILl :::3 LU Z 0 Z Z ' UJ UJ O. 0 Z uJ m o 0 Z Z ILl 13. Z n~ IJJ n~ 0 IJJ IJJ n~ CJ ILl I-- LLI Z o ILl 0 Z <( Z UJ I'- Z 0 UJ Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2087-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.40.030(f) TO CHANGE THE AMOUNT OF LEAVE TIME AN EMPLOYEE WHO WORKS THE EQUIVALENT OF A 56 HOUR WORK WEEK MUST TAKE PER YEAR FROM 112 HOURS TO 80 HOURS. WHEREAS, currently KMC 23.40.030(f) requires a city employee working the equivalent of a 56 hour work week to take a minimum of 112 hours leave per year; and, WHEREAS, that leave requirement can cause a hardship for fire department, which must pay overtime for employees to cover the shifts of employees taking leave; and, WHEREAS, reducing the amount of leave time an employee working the equivalent of a 56 hour work week must take from 112 hours to 80 hours per year would reduce the overtime liability for the City; and, WHEREAS, such a reduction in overtime l/ability would result in a significant cost saving to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.40.030{/) is amended as follows' 23.40.030 Annual leave. (f) It is required that each employee use a minimum of eighty (80) hours of leave per calendar year for employees working forty (40) hours per week, [AND ONE HUNDRED TWELVE (112) HOURS FOR EMPLOYEES WORKING] or the equivalent of fifty-six (56) hours per week, and affect appropriate coordination with the department head. Employees working less than forty (40) hours per week shall be required to take the same proportion of leave time; e.g., an employee working twen _ty {20) hours per week would be required to take forty (40) hours leave time per calendar year. If actual hours used are less than the minimum requirement, then the difference shall be deducted from available leave hours without any compensation to the employee. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2005. PAT PORTER, MAYOR Ordinance No. 2087-2005 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk (3 / 22 / 05 sp) Introduced: Adopted: Effective: April 6, 2005 April 20, 2005 May 20, 2005 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2088-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, AMENDING KMC 23.30.110{b) AND {c) TO CHANGE THE AUTOMOBILE EXPENSE MILEAGE RATE FROM $.30 PER MILE TO THE STANDARD IRS MILEAGE RATE AND CHANGE THE PER DIEM TRAVEL EXPENSES FROM $35.00 TO $50,00 PER DAY. WHEREAS, in 1996 the City set the current automobile expense rate is $.30 per mile; and, WHEREAS, the rate has not been adjusted for inflation since 1996 whereas the standard IRS mileage rate is adjusted for inflation; and, WHEREAS, having the City's rate track the IRS standard mileage rate would allow the City's rate to be adjusted for inflation as the IRS rate is adjusted; and, WHEREAS, the City's current per diem travel rate of $35.00 was set in 1996 and has not been adjusted for inflation since then; and, WHEREAS, adjusting the per diem rate to $50.00 would reflect the increases in travel expenses for the employees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.30.110{b) and {c) are amended as follows: 23.30.110 Travel Expense. When employees are required to travel outside the City on City business, reimbursement, subject to advances received, for expenditures incurred shall be determined as follows: (a) Prior to traveling outside the City, the employee shall obtain permission for the trip and the mode of travel from the department head. (b) Travel on official business outside the City by one individual shall be via public carrier or City-owned vehicle whenever practical. If, for extenuating circumstances, the employee is authorized to use a private vehicle, total mileage shall be paid at the standard IRS mileage rate [of $.30 per mile]. This rate includes all travel, insurance and fuel. (c) Those employees who habitually use their privately owned vehicle for City business shall be reimbursed $30.00 per month, subject to authorization by the City Manager. (d) The authorized per diem rates are [$35.00] $50.00 per full twenty-four hour day, plus lodging expenses. Part days will be reimbursed for actual costs incurred, up to [$35.00] $50.00 per day. Claims for lodging expenses will be supported by receipts. Ordinance No.2088-2005 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk (3/21/05 sp) Introduced: Adopted: Effective: April 6, 2005 April 20, 2005 May 20, 2005 Suggested by: Built CITY OF KENAI ORDINANCE NO. 2089-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPLACING KMC 4 TO ADOPT: 1) THE INTERNATIONAL BUILDING CODE, 2003 EDITION OF THE INTERNATIONAL CODE COUNCIL; 2) THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2003 EDITION OF THE INTERNATIONAL CODE COUNCIL; 3) THE INTERNATIONAL MECHANICAL CODE, 2003 EDITION OF THE INTERNATIONAL CODE COUNCIL; 4) THE UNIFORM PLUMBING CODE, 2003 EDITION OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; 5) THE NATIONAL ELECTRICAL CODE, 2005 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION; 6) THE INTERNATIONAL FUEL GAS CODE, 2003 EDITION OF THE INTERNATIONAL CODE COUNCIL; 7) THE INTERNATIONAL RESIDENTIAL CODE, 2003 EDITION OF THE INTERNATIONAL CODE COUNCIL; AND 8) THE INTERNATIONAL EXISTING BUILDING CODE, 2003 EDITION OF THE INTERNATIONAL CODE COUNCIL. WHEREAS, the City of Kenai has been operating on 2000 and 2002 building codes; and, WHEREAS, the International Code Council, the International Association of Plumbing and Mechanical officials, and the National Fire Protection Association have updated the codes promulgated by them; and, WHEREAS, it would be most beneficial and in the best interest of the City if the latest codes were adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the above-named codes are adopted by the City of Kenai and KMC 4 is replaced as presented on Attachment A of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April 2005. ATTEST: PAT PO RTE R, MAYO R Carol L. Freas, City Clerk (3 / 23 / 05 sp) Introduced: Adopted: Effective' April 6, 2005 April 20, 2005 May 20, 2005 Title 4 UNIFORM CODES Chapters: 4.05 Building Code 4.06Uniform Building Security Code (Repealed) 4.10 International Property Maintenance Code 4.15Uniform Sign Code (Repealed) 4.20 Mechanical Code 4.25 Plumbing Code 4.30Electrical Code 4.31 Fuel Gas Code 4.32 Residential Code 4.33 International Existing Building Code 4.35 Trailer Placement (Repealed) 4.40 Board of Appeals Chapter 4.05 BUILDING CODE Sections: 4.05.010 4.05.015 4.05.020 4.05.025 4.05.027 4.05.030 4.05.031 4.05.035 4.05.040 4.05.050 4.05.060 4.05.070 4.05.080 4.05.090 4.05.100 4.05.110 4.05.120 4.05.130 4.05.140 4.05.145 4.05.150 Adoption. Local amendments to the International Building Code [2000] 2003. Building Official. Application for permit. Permits issuance. Fee schedule. Plan review fees. Inspections. Exit facilities. Snow load. Wind pressure. Foundation ventilation. Exits. Energy conservation in new building construction. Special hazards-- Section 608. Special hazards-- Section 708. Special hazards-- Section 808. Special hazards-- Section 1008. Asphalt shingles. Group R Division 3 occupancies. Appendix Group R Division 3 occupancies. Attachment A Page I of 56 4.05.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the construction, altera- tion, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings and struc- tures, including permits and penalties, those certain bound volumes known as the "International Building Code," [2000] 2003 Edition, of the International Code Council, including the appendices, except for such por- tions as are herein deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (KC 4-1; Ords. 97, 162,269, 395,542, 839, 1118, 1346, 1479, 1645-95, 1813-99, 2001-2003) 4.05.015 Local amendments to the International Building Code [2000] 2003. The International Building Code (I.B.C.) Chapters 1-12, 14-28, 30-32, 34-35, Appendix C and Appendix H ([2000] 2003 Edition) are adopted by reference to regulate all occupancies and buildings with the following revisions: 101.4.1 Electrical. Delete reference to "ICC Electrical Code" and insert reference "National Electrical Code as adopted by KMC." 101.4.4 Plumbing. Delete reference to "International Plumbing Code" and insert reference "Uniform Plumbing Code as adopted by KMC." 101.4.7 Energy. Delete this section. Section 103 Department of Building Safety. Delete this section. 106.3.4.1 General. Revise third paragraph first sentence of the I.B.C. to read: Structural observation shall be as required by Section 1709. 107.3 Temporary Power Delete reference to "ICC Electrical Code" and insert reference "National Electrical Code as adopted by KMC." 108.3 Building permit valuations. Attachment A Page 2 of 56 Add the following to the last sentence: ... from the Building Valuation Data Table shown in the latest edition of the [BUILDING STANDARDS MAGAZINE] Building Safe _ty Journal published by the International [CONFERENCE OF BUILDING OFFICIALS] Code Council. 108.4 Work commencing before permit issuance. Add the following: This fee shall be the same as the building permit fee. Section 112 Board of Appeals · Delete entire section. Refer to "Chapter 4.40 of KMC." 201.3 Terms defined in other codes. Delete reference to "International Plumbing Code" and insert reference to "Uniform Plumbing Code as adopted by KMC." Table 302.1.1 Revise wording in the first block under the left column to read: Furnace rooms in E and R-I, R-2 and R-4 occupancies regardless of Btu input, and furnace rooms of all other occupancies where the largest piece of equipment is over 400,000 Btu per hour input. 302.3.[3] 2 Separated uses. Revise the first sentence in Exception 2 to read' The private garage must be separated from the residence and its attic with Type X gypsmn board, as defined in GA 600, applied to the garage side. Add the following to the end of the second sentence: ... and all such door openings must have self-closing and latching devices or be automatic closing and latch- ing. 305.2 Day care. Revise to read: Attachment A Page 3 of 56 The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 2 1/2 years of age, including children related to the staff, shall be classified as a Group E occupancy. 305.2 Day care. Add a new exception to read: Exception: Family child care homes (R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may ac- commodate a total of 12 children of any age without conforming to the requirements of this regulation (E oc- cupancy) except for smoke detectors as described in Subsection 907.2.10, means of egress requirements of Section 1003, including emergency escape and rescue openings (as required by Section [ 1009] 1025) in nap- ping or. sleeping rooms, and fire extinguisher requirements as described in the International Fire Code 2003 Edition. 308.2 Group I-1 Revise by adding a new paragraph between the first and second paragraphs to read: "Facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situa- tions must comply with Section 419." 308.3 Group I-2. Revise last sentence to read' A facility such as the above with five or fewer persons, including persons related to the staff, shall be classi- fied as a Group R-3. 308.3.1 Child care facility. Revise to read: A child care facility that provides care on a 24-hour basis to more than five children 2 1/2 years of age or less, including children related to the staff, shall be classified as Group I-2. 308.5 Group I-4, day care facilities. Revise second sentence to read: A facility such as the above with five or fewer persons, including persons related to the staff shall be classi- fied as a Group R-3. 310.1 Residential Group R Attachment A Page 4 of 56 Revise by adding a new paragraph between the first and second paragraphs to read: "For facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situa- tions, see Section 419." 415.7.4 Dry cleaning plants. Delete reference to "International Plumbing Code" and insert reference to "Uniform Plumbing Code as adopted by KMC." 415.9.2.8.1 General. Delete reference to "ICC Electrical Code" and insert reference to "National Electrical Code as adopted by KMC." Section 419 Occupants Needing Physical Assistance 419.1 Applicability. The provisions of this section apply to all Groups I-1 and R-4 occupancies where the occupants need physical assistance from staff or others to respond to emergencies. 419.2 Definitions. In this section: "Evacuation Capability" means the ability of occupants, residents, and staff as a group either to evacuate a building or to relocate from the point of occupancy to a point of safety; "Impractical evacuation capabili _ty" means that a group does not have the ability to reliably move to a point of safety in a timely manner as measured under Sec. 419.3; "Prompt evacuation capability" means that a group has the ability to move reliably to a point of safety in a manner equivalent to the ability of a household in the general population as measured under Sec. 419.3; "Slow evacuation capabili _ty" means that a group has the ability to move reliably to a point of safety in a manner that is not as rapid as that of members of a household in the general population as measured under Sec. 419.3; "Point of Safety" means a location that (a) is exterior to and away from a building; or (b) is within a building of any type construction protected throughout by an approved automatic sprinkler system and that is either (1) within an exit enclosure meeting the requirements of Sec. 1019; or (2) within another portion of the building that is separated by smoke partitions meeting the requirements of Sec. 710, with not less than a one- half-hour fire resistance rating, and the portion of the building has access to a means of escape or exit that conforms to the requirements of this code and does not require return to the area of the fire." 419.3 Fire Drills and Evacuation Capabili _ty Determination. Attachment A Page 5 of 56 A fire drill conducted by the fire official or other approved licensee will make the initial determination of evacuation capability. Changes to the evacuation capability Will be based on a recOrd of drills conducted by the facility and recorded for review by the fire official or other licensing official. The drills will be conducted six times a year on a bimonthly basis, with at least two drills conducted during the night when residents are sleeping. Records must indicate the time taken to reach a point of safety, date and time of the drill, location of simulated fire origin, escape paths used, and comments relating to residents who resisted or failed to par- ticipate in the drills. The relation of drill time to evacuation capabili _ty is as follows: (1) Three (3) minutes or less- prompt; (2) Over three (3) minutes but under 14 minutes- slow; (3) Fourteen (14) minutes or more- impractical. 419.4 Evacuation Capabili _ty and Fire Protection Requirements. Fire protection requirements of a facility under this section are as follows: 419.4.1 Prompt Evacuation Capability. Evacuation capability of three minutes or less indicates prompt evacuation capability. In facilities main- taining prompt evacuation capabili _ty, the requirements of the code for Groups I-1 or R-4 occupancies must be followed. 419.4.2 Slow Evacuation Capability. Evacuation capabili _ty of more than three but less than 14 minutes indicates slow evacuation capabili.ty. In facilities maintaining slow evacuation capability, the facili _ty must be protected by (a) an automatic smoke detection system, using addressable smoke detectors, designed and installed in accordance with the provisions of this code and N.F.P.A. 72-2002; and (b) an automatic sprinkler system, with quick-response or residential .sprinklers, installed in accordance with Section 903.3.1.2 (N.F.P.A. 13R-2002 sprinkler systems)or 903.3.1.3 (N.F.P.A. 13D-2002 sprinkler systems).. 419.4.3 Impractical Evacuation Capability. Evacuation capability of fourteen minutes or more indicates impractical evacuation capability. In facili- ties maintaining impractical evacuation capability, the facili _ty must be protected by (a) the protections for a facili _ty with slow evacuation capability under Section 419.4.2; (b) one-half-hour, fire-resistive construction throughout the facility; and (c) direct egress from sleeping rooms for occupants needing evacuation assistance either (1) to the exterior at grade level, to an exterior porch or landing via a 36-inch-wide door; or (2) if the sleeping rooms are separated from the rest of the building by smoke partitions installed in accordance with Section 710, by egress windows conforming to the provisions of Section 1025. Section 420 Special Securi _ty Requirements For Group E Buildings.. Attachment A Page 6 of 56 420.1 All group E buildings with the lower floor level above grade and open on the sides must be fenced around the building exterior or have skirting below the exterior walls to prevent, unauthorized access. 501.3 Location on property. Add new section to read: Buildings must adjoin or have access to a permanent public way or yard on not less than one side. Required yards must be permanently maintained. 504.4 Day care facilities. Add new section to read: Facilities that are operated in a primary residence (R-3) between the hours of 6:00 a.m. and 10:00 p.m., and accommodating up to a total of 12 children of any age may use the second story of the building without pro- viding an automatic sprinkler system, or complying with Table 302.3.[3]2, Table 602, and the Type VA re- quire~nents set out in Table 503, if all other applicable legal provisions for an E Occupancy are met. Table 601. Revise Footnote "d." by adding the following sentence: In Group E Occupancies, an automatic sprinkler system may be substituted for one-hour fire-resistance-rated- construction if the system complies with the design requirements of Section 903.3.1.1. 711617.4.2 Groups R-1 and R-2. Revise to read: Draft stopping must be provided in attics, mansards, overhangs or other concealed roof spaces of Group R-2 buildings with three or more dwelling units and in all Group R-1 buildings. The intervening space between any two draft-stops or walls must be designed for adequate croSs ventilation as described in Section 1201213.2. Draft stopping must be installed above, and in line with, tenant and dwelling separation walls that do not extend to the underside of the roof sheathing above. 711617.4.2 Groups R-1 and R-2. Revise Exception 3 to read: Draft stopping in attic spaces of Group R- 1 and R-2 occupancies that do not exceed four stories in height may be installed so that the area between draft stops that extends from the ceiling to the roof does not exceed 3,000 square feet, and the greatest horizontal dimension does not exceed 60 feet. The draft stops do not have to be located directly above or in line with walls separating tenant spaces, unless part of construction required by other provisions of this code. Adequate cross ventilation must be provided in accordance with Section 1201213.2. Attachment A Page 7 of 56 [803.8.1.1 SUSPENDED ACOUSTICAL CEILINGS. REVISE THE LAST SENTENCE BY ADD1NG: ... AND SECTION 1621.2.5 FOR SEISMIC KEQUIREMENTS.] 903.2.2 Group E. Revise to read: An automatic sprinkler system must be provided throughout all Group E occupancies. An automatic sprinkler system must also be provided for every portion of educational buildings below the level of exit discharge. Exceptions: Buildings with E occupancies having an occupant load of 49 or less. [DAY CARE USES NOT OTHERWISE REQUIRED TO HAVE AN AUTOMATIC SPRINKLER SYSTEM BY OTHER PROVISIONS OF THE CODE.] Day care uses that are licensed to care for more than 5 persons between the hours of 10 p.m. and 6 a.m. must be equipped with an automatic sprinkler system designed and installed as described in Section 903.3.1.3 or an [APPROVED] equivalent system approved by the Building Official. [903.2.9 Group R-4. DELETE THE WORDS "WITH MORE THAN EIGHT OCCUPANTS."] 903.2.7 Group R. Revise to read' "Group R. An automatic sprinkler system must be installed in Group R occupancies as required in 903.2.7.1 through 903.2.7.3." 903.2.7.1 Group R- 1. Revise by adding a new subsection: An automatic sprinkler system or a residential sprinkler system in- stalled in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-1 fire area. Exception: Where guestrooms are not more than three stories above the lowest level of discharge and each guest- room has a least one door leading directly to an exterior exit access that leads directly to approved exits." 903.2.7.2 Group R-2. Revise by adding a new subsection: Attachment A Page 8 of 56 An automatic sprinkler system or residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-2 fire area that are more than two stories in height, including basements, or that have more than sixteen dwelling units or sleeping rooms." 903.2.7.3 Group R-4. Revise by adding a new subsection: An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-4 fire area. 903.3.1.1 NFPA 13 sprinkler systems. Revise by adding a new subsection to read: 903.3.1.1.2 Elevator hoist ways and machine rooms. Where the provisions of this code require the installation of automatic sprinkler systems, the installation in elevator hoist ways and machine rooms must occur as described in NFPA 13, [SECTION 5-13.6.1 ] 2002 and ASME A 17.1 Safety Code for Elevators and Escalators 2000 Edition. Exception: Sprinklers are not required in an elevator machine room where the machine room is: (1) Separated from the remainder of the building as described in Section 3006.4; (2) smoke detection is provided in accor- dance with NFPA 72 - 2002 and, (3) notification of alarm activation is received at a constantly monitored lo- cation. 903.3.5 Water supplies. Delete reference to "International Plumbing Code" and insert reference to "Uniform Plumbing Code as adopted by KMC." 904.3.1 Electric wiring. Delete reference "ICC Electrical Code" and insert reference to "National Electrical Code as adopted by KMC." 907.1.1 Construction Documents. Add the following to the end of the paragraph to read as follows: "1.2. Syste~n riser diagrams." 907.2.3 Group E. Add second paragraph to read: Attachment A Page 9 of 56 Rooms used for sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke detectors that comply with Section 907.2.10.1.2. [907.3.1 LOCATION. DELETE THE EXCEPTION.] 907.2.10 Single and Multiple Station Smoke Alarms. Add second paragraph to read: When a plan review is required for an existing Group R occupancy, smoke alarms must be installed as described in Section 907.2.10.1. 907.5 Wiring Delete the reference "ICC Electncal Code" and replacing it with "National Electrical Code as adopted by KMC." 907.17 Record of completion. Add new sentence to read: A copy of the acceptance test certificate verifying completion in accordance with N.F.P.A. 72- 2002 must be forwarded to the Kenai Fire Marshal by the firm conducting the test within 30 days of the completion of the installation.' 908.7 Carbon Monoxide Detectors. Add a new subsection, 908.7, Carbon Monoxide Detectors, to read as follow: Carbon monoxide detectors shall be installed on each floor level of group I-1, R-2 and R-4 occupancies. Where there are sleeping rooms on a floor, the detector shall be placed outside the sleeping rooms. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. All carbon monoxide detectors shall be listed and installed in accordance with the provisions of this code. 908.7.1 Alterations, Repairs, and Additions. Add a new subsection, 908.7.1, Alterations, Repairs, and Additions, to read as follows: When interior alterations, repairs, or additions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be provided with carbon monoxide detectors as required in section 908.7 and 908.8. 908.8 Power Source. Attachment A Page 10 of 56 Add a new subsection, 908.8, Power Source, to read as follows: In new construction, the required carbon monoxide detectors shall receive their primary power from the building wiring system, and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. Carbon monoxide detectors shall be permitted to be electrical outlet type with batte _ry back up when installed in existing buildings that undergo alterations, repairs, or additions that do not result in the removal of the interior wall or ceiling finishes exposing the structure. 909.11 Power systems. Delete the reference "ICC Electrical Code" and replacing it with "National Electrical Code as adopted by KMC." 909.12.1 Wiring. Delete the reference "ICC Electrical Code" and replacing it with "National Electrical Code as adOpted by KMC." 909.16.3 Control action and priorities. In the exception delete the reference to "ICC Electrical Code" and insert the reference to "National Elec- trical Code as adopted by KMC." [ 1003.2.10.5 POWER SOURCE. DELETE THE REFERENCE TO "ICC ELECTRICAL CODE" AND INSERT THE REFERENCE TO THE "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC."] 1003.2.11.2 ILLUMINATION EMERGENCY POWER. DELETE THE REFERENCE TO "ICC ELECTRICAL CODE" AND INSERT THE REFERENCE TO .THE "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC."] .. [ 1003.3.1..9] .1008.1.9 Panic and fire exit hardware. Revise by changing the number "100" in the [FOURTH] second paragraph to "50." [1003.3.3] 1009.1 Stairway[S] width. Add exception to read: [EXCEPTION'] 5_ Stairs or ladders used only to attend equip~nent are exempt from the requirements of this section. [ 1005.2.1 ] 1018.1 Minimum number of exits. Attachment A Page 11 of 56 Add exception to read: Exception: Basements or the first level below the first story in all occupancies except R-3, used exclusively for the service of the building may have access to only one exit. Any other use of the basement or first level below the first story must have at least two exits arranged as described in Section [ 1004.2.2] 1014.2. For pur- poses of this exception, storage rooms, laundry rooms, maintenance offices and similar uses may not be con- sidered as providing service to the building. [ 1009.1 ] 1025.1 General. Revise this section by deleting [ALL] exceptions 1, 2, 3, 4, and 7. Section 1102 Definitions. Add the following definition: CONVENTIONAL INDUSTRY TOLERANCES. Plus or minus 1/2 inch up to 36 inches and plus or minus 1 percent over 36 inches. Slopes may be plus or minus 1 percent. 1103.2.4 Detached dwellings. Delete "one- and two-" and replace with "one-, two-, and three-." [1103.2.11 RESIDENTIAL GROUP R-1. ADD THE FOLLOWING AT THE END OF THE SENTENCE: ... ARE NOT REQUIRED TO BE ACCESSIBLE."] 1104.4 Multilevel buildings and facilities. Delete Exception 1 and replace with the following: Exception 1' Elevators are not required in facilities that are less than three stories or that have less than 3,000 square feet per story unless the building contains offices of health care providers (Group B or I) passenger transportation facilities and airports (Group A-3 or B) or multiple tenant facilities of Group M. Section 1105[.1.1 PUBLIC USE AREAS.] Accessible Entrances. Add new section to read as follows: 1105.[1.1 ] 2 Public use areas. The door opening force shall not exceed a 5-pound force. Attachment A Page 12 of 56 Exceptions: 1. A power-assisted door is installed. 2. Someone is within line of sight of the door and available for assistance during business hours. [113. An electronic signaling device is installed in accordance with ICC/ANSI 117.1 Section 702. 1106.1 Required. Add the following at the end of the paragraph: Accessible car spaces shall be at least eight feet wide with an access aisle at least five feet wide abutting the space. [ONE IN EVERY EIGHT ACCESSIBLE CAR SPACES SHALL HAVE AN ABUTTING AISLE EIGHT FEET IN WIDTH.] Accessible car space access aisles shall be part of an accessible route to the build- ing or facility entrance. Two accessible car spaces may share a common access aisle. Parked vehicle over- hangs shall not reduce the clear width of an accessible route. Accessible car spaces and access aisles shall be level with surface slopes not exceeding one to 50 in all directions. Accessible car spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible en- trance. [THE ACCESSIBLE ROUTE OF TRAVEL SHALL NOT PASS BEHIND PARKING SPACES.] In parking facilities that do not serve a particular building, accessible car spaces shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multi- ple accessible entrances with adjacent parking, accessible car spaces shall be dispersed and located closest to the accessible entrances. Accessible car spaces shall be designated as reserved by a sign showing the symbol of accessibility. Van- accessible spaces shall have an additional sign reading "Van-Accessible" mounted below the symbol of acces- sibility. [1108.2 TOILET AND BATHING FACILITIES. REVISE ICC/ANSI 117.1-98 SECTION 609.4 BY ADDING THE FOLLOWING' EXCEPTION 2' GRAB BAR HEIGHT ABOVE TANK TYPE WATER CLOSETS MUST BE ADJUSTED TO MEET SECTION 609.3 BUT IN NO CASE SHALL THE GRAB BAR EXCEED 38" IN HEIGHT ABOVE THE FINISHED FLOOR. 1108.4 KITCHENS, KITCHENETTES, AND WET BARS. ADD THE FOLLOWING EXCEPTION- EXCEPTION' WET BARS IN NON-PUBLIC USE AREAS MAY BE ADAPTABLE.] 1109.2 Toilet and bathing facilities. In Exception 4., delete the reference to the "International Plumbing Code" and insert the reference to the "Uniform Plumbing Code as adopted by KMC." Attachment A Page 13 of 56 Section 1201 [INTERIOR ENVIRONMENT] General. Add a new section 1201.2 as follows: 1201.2 Vapor retarders. All exterior wall, ceilings and roof assemblies which enclose heated spaces and which are exposed to outdoor ambient temperatures shall be protected against water vapor transmission. As- semblies not otherwise of impermeable construction shall have installed, on the heated side of the insulation or air spaces, vapor retarders having a perm rating of 0.06 minimum in accordance with ASTME 96 (equiva- lent to 6 mil polyethylene). 1201213.2 Attic spaces. In the first sentence, add the words "insulation and" before the word "ceilings." Amend the third sentence by changing "1 inch" to "1 1/2 inch." Amend section by deleting the exception in its entirety. Add a sentence at the end of the paragraph to read as follows: Attic access shall not be located in a room containing bathing facilities. 1202.3.2 Exceptions. Revise by deleting the words "in accordance with the International Energy Conservation Code" from Ex- ception 4. 120[4]5_.4.1 Controls. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by the KMC." 1201516.3.3 Court drainage. Delete the reference to the "International Plumbing Code" and insert the reference to the "Uniform Plumbing Code as adopted by KMC." 12109110.1 Floors. Revise paragraph to read: In other than dwelling units, toilet and bathing room floors shall have a smooth, non-porous, non-absorbent surface such as non-cushioned sheet vinyl, sealed concrete, or ceramic tile with sealed joints or other ap- proved materials. Base shall be of similar materials, shall extend up the wall five inches ( 127 mm) minimum, Attachment A Page 14 of 56 and shall be sealed to the flooring and wall surface and allowing differential movement without water pene- tration. 12[09] 10.2 Walls. Revise first paragraph to read: Walls within two feet (610 mm) of the front and sides of urinals and water closets shall have a smooth, non- porous, non-absorbent surface such as non-cushioned sheet vinyl, sealed concrete, ceramic tile with sealed joints, approved plastic panels, or other approved materials, to a height of four feet (1219 mm) minimum. Section 1403.2 Weather protection. Delete the words "in accordance with the International Energy Conservation Code" from the last sentence of the first paragraph. 1404.2 Water-resistive barrier. In the first sentence after "Type 1 felt," add the words "or approved building paper." 1405.10.4 Grounding. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by the KMC." Section 1503 Weather protection. Add new section as follows' 1503.6 Protection from falling ice and snow. All exits shall be protected from falling ice and snow. 1503.4 Roof drainage. Delete the reference to the "International Plumbing Code" and insert the reference to the "Uniform Plumbing Code as adopted by KMC." 1507.4 Metal roof panels. Add a new subsection as follows: 1507.4.5 Underlayment. Underlayment for metal roof panels shall be installed per Section 1507.2.3. 1608.3 Flat roof snow loads. Attachment A Page 15 of 56 Add the following sentence at the end of the first paragraph: The mini~num flat roof snow load, Pf, shall be 50 pounds per square foot. 1609.4 Exposure category. Add the following to the definition of "EXPOSURE D"' UNOBSTRUCTED shall be defined as any site not sheltered from the shoreline by vegetation or other im- pediments at least four feet high and covering at least 60 percent of an area extending at least 30 feet perpen- dicular to a line connecting the building to any point of the shoreline. [1621.2.5.2.2 SEISMIC DESIGN CATEGORIES D, E OR F. DELETE ITEM 8 1N ITS ENTIRETY.] 1704.1 Special inspections. Add the following to the end of the paragraph: Provided the Engineer of Record is a registered professional engineer in the State of Alaska, the Engineer of Record shall be deemed qualified to perform special inspections required under this chapter without further statements of qualifications or resumes to the Building Official. Delete General Exception 3. 1704.1.2 Report requirement. Delete the fourth and fifth sentences and insert the following: All discrepancies shall be brought to the immediate attention of the contractor for correction, and shall be documented in a Special Inspection Report. If action is not taken immediately or within an agreed time frame to correct the non-conformance, the Special Inspector shall promptly inform the Engineer of Record and the Building Official, verbally and in writing through a'Special Inspection Report. Discrepancies discovered by the Special Inspector after the fact shall be reported to the Engineer of Record and the Building Official in writing. 1704.3 Steel construction. Add the following under exception [UNDER ITEM] 2, to read as follows: 2.6. Welds listed under Exception 2 will not require Special Inspection if design stresses are less than half of the allowable stresses and welds are placed by AWS certified welders. The Engineer of Record shall indicate on the drawings which welds, if any, do not require Special Inspection. 1704.11 Sprayed fire-resistant materials. Attachment A Page 16 of 56 Add the following: Exception: Shotcrete work not of a structural nature or not for water retention structures, which is fully sup- ported on earth, which is for ~ninor repairs or when no special hazard exists and special inspection is waived by the Building Official. 1802.2.2 Expansive soils. Delete subsection in its entirety. 1805.4.1 [FOOTING] [d]Design. Add the following to the beginning of the first paragraph: All footings shall be concrete. All-weather wood foundation systems may only be installed in Type GW, GP, SW, and SP soils unless a complete soils investigation and foundation design, prepared by a civil engineer registered in the State of Alaska, is submitted for approval. 1805.6 Foundation plates or sill bolting. Add the following at the end of the paragraph: Foundation plates or sills shall be bolted to the foundation or foundation wall with galvanized steel bolts. 1907.5 Placing reinforcement. Delete the reference to "1907.5.4" and replace with reference "1907.5.5." Add new section to read as follows: 1907.5.5 Installation of anchors. Anchors shall be in place prior to placing concrete. Exception' Anchors having a required embedment depth of seven inches or less may be field placed while concrete is in plastic condition. [ 1913.9 INSTALLATION OF ANCHORS. ADD THE FOLLOWING AT THE END OF THE FIRST PARAGRAPH: ANCHORS SHALL BE IN PLACE PRIOR TO PLACING CONCRETE. EXCEPTION: ANCHORS HAVING A REQUIRED EMBEDMENT DEPTH OF 7 INCHES OR LESS MAY BE FIELD PLACED WHILE CONCRETE IS IN PLASTIC CONDITION.] Attachment A Page 17 of 56 Section 2104.[6 INSTALLATION OF ANCHORS] Construction. Add a new section to read as follows: 2104.6 Installation of anchors. Anchors shall be in place prior to grouting. Exception: Anchors having a required embedment of 13 inches or less may be field placed while grout is in plastic condition. 2308.9.8 Pipes in walls. Add paragraph as follows: All studs in exterior plumbing walls shall be a minimum six-inch (152 mm) nominal width unless otherwise approved. 2308.10.1 Wind uplift. Add a paragraph as follows: Metal framing anchors with a 400-pound uplift capacity shall be spaced no further apart than 48 inches (1,219 mm) for roof rafters or trusses with spans less than 20 feet (6,096 mm) in length, and no further apart than 24 inches (610 mm) for spans greater than 20 feet (6,096 mm) in length, [AND NO FURTHER APART THAN 241NCHES (610 MM) FOR SPANS GREATER THAN 20 FEET (6,096 MM) IN LENGTH]. Where walls have structural panel sheathing, the anchor may be placed on the inside of the wall without direct anchorage to studs below. The continuity of the load path through the walls and floors below shall be considered. 2701.1 Scope. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by KMC." 2702.1 Installation. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by KMC." 3001.4 Change in use. Add new paragraph to read as follows: Attachment A Page 18 of 56 Any change in use shall not be made without the approval of the building official. Said approval shall be granted only after it is demonstrated that the installation conforms to the requirements of ASME Al7.1 and its supplements. 3003.2 Fire-fighter's emergency operation. Add a second paragraph to read as follows: Elevators shall be tested on normal and on emergency power. Elevators shall be tested by activating the smoke detectors and by use of the recall key switch. These tests shall be performed at intervals not-to-exceed one year after certification and yearly thereafter. 3004.4 Closed vents. Revise to read: When energy conservation requires that the vents be normally closed, automatic venting by actuation of an elevator lobby detector or power failure may be accepted. When hoist way pressurization is used, venting upon power failure may be accepted. In either case, a manual override must be provided. 3006.1 Access. Add new paragraph to read: Access to elevator machine romns above grade shall be from the inside of the building or shall be by an en- closed, ventilated, and well-lighted passageway protected from the weather. Passageway shall be a minimum of 3'-6" wide by 6'-8" high, and shall meet the material and construction requirements of this code. 3401.3 Compliance with other codes. Revise to read' Alterations, repairs, additions and changes of occupancy to existing' structures must comply with the provi- sions for alterations repairs additions and changes of occupancy in the International Fire Code, the Uniform Plumbing Code as adopted by the KMC, the International Mechanical Code and the National Electrical Code as adopted by the KMC. 340[2]3.1 Existing buildings or structures. Delete the exception. 3409.2 Applicability. Revise the first sentence to read as follows: Attachment A Page 19 of 56 Structure defined as existing prior to the effective date of this code in which there is work involving additions, alterations or changes of occupancy must conform to the requirements of this section or the provisions of Sec- tions 340[2]3 through 340[6]7. Chapter 35. Referenced Standards. Revise by changing the referenced standards from the publication date listed to the latest published edi- tion: [AS FOLLOWS: N.F.P.A. 12-2000 CARBON DIOXIDE EXTINGUISHING SYSTEM. N.F.P.A. 12A-1997 HALON 1301 FIRE EXTINGUISHING SYSTEM. N.F.P.A. 13-1999 INSTALLATION OF SPRINKLER SYSTEMS. N.F.P.A. 13D-1999 INSTALLATION OF SPRINKLER SYSTEMS IN ONE-AND TWO-FAMILY DWELLINGS AND MANUFACTURED HOMES. N.F.P.A. 13R-1999 INSTALLATION OF SPRINKLER SYSTEMS 1N RESIDENTIAL OCCUPANCIES UP TO AND INCLUDING FOUR STORIES IN HEIGHT. N.F.P.A. 14-2000 STANDPIPE AND HOSE SYSTEM. N.F.P.A. 20-1999 INSTALLATION OF CENTRIFUGAL FIRE PUMPS. N.F.P.A. 72-1999 NATIONAL FIRE ALARM CODE. N.F.P.A. 2001-2000 CLEAN AGENT FIRE EXTINGUISHING SYSTEMS.] (Ord. 2001-2003) 4.05.020 Building Official. (a) The Building Official of this City shall have the powers, duties, and functions prescribed for the "Build- ing Official" by the International Building Code, adopted by KMC 4.05.010 provided the said powers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervi- siOn and control. (b) The City Administrator shall be ex-officio Building Official unless he appoints another person to the Building Official. The authorized representatives of the Building Official referred to above, when and if ap- pointed, shall be appointed by the City Administrator. (KC 4-3; Ords. 97, 162, 269, 395, 542, 2001-2003) 4.05.025 Application for permit. Section 106.2 of the International Building Code as adopted by this chapter is amended by adding the following: Attachment A Page 20 of 56 It is the property owner's responsibility to have the property corners physically located and marked to make sure the structure is accurately placed on the site as per the submitted site plan. If at initial building inspection for construction the site plan is not accurate or due to site conditions it cannot be ascertained if the proposed building will be in compliance with the building setback requirements of the Kenai Planning and Zoning Code, the administrative authority shall require the permit holder to provide a state registered land surveyor's stamped site plan. (Ords. 1384, 1813-99, 2001-2003) 4.05.027 Permits issuance. (Ords. 13.84, 1813-99, Repealed 2001-2003) 4.05.030 Fee schedule. (a) The first paragraph of Section 108.2 of the International Building Code adopted by this chapter is amended to read as follows: The fee for each b[IU]uilding permit shall be paid to the City as set forth in Table No. 1-A of the Kenai Mu- nicipal Code at 4.05.030(b) Plan review fee shall be 65% of the building permit fee as shown in Table 1-A for new commercial construc- tion. Attachment A Page 21 of 56 (b) Table 1-A Building Permit Fees. TOTAL VALUATION $1.00 - $500.00 $501.00 - $2,000.00 $2001.00 - $25,000.00 $25,001.00 - $50,000.00 FEE $23.50 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or frac- tion thereof, to and including $2,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fi'action thereof, to and including $50,000.00 $50,001.00 $100,000.00 $100,001.00 $5OO,OOO.OO $500,001.00 $1,000,000.00 $1,000,001.00 and up $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof Other inspection fees: 1. Inspections outside of normal business hours (minimum charge: 2 hours) ........................................ $47.00 per hour~ 2. Inspection for which no fee is specifically indicated (minimum charge: 2 hours) .................................................................................. $47.00 per hour~ 3. Additional plan review required by changes, additions or revisions to plans (minimum charge: 1 hour) ................................................................................... $47.00 per hour1 4. For use of outside consultants for plan checking and inspections, or both ................. Actual costs2 ~Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs. (KC 4-5; Ords. 97, 162, 269, 395,479, 542, 1118, 1346, 1645-95, 1813-99, 2001-2003) 4.05.031 Plan review fees. (Ords. 1813-99, Repealed 2001-2003) 4.05.035 Inspections. Section 109.3.10 of the International Building Code as adopted by this chapter is amended by adding the following: On new and enlarged structures, the Building Official shall require the submission of an as-built survey as performed by a state registered land surveyor prior to final inspection if it is deemed necessary to comply with KMC Title 14 setback requirements and Building Code regulations. (Ords. 1384, 1646-95, 1862-2000, 2001-2003) 4.05.040 Exit facilities. Attachment A Page 22 of 56 (Ords. 3 95,542, 555,839, 1118, 1123, Repealed 1346) 4.05.050 Snow load. (Ords. 97, 162, 269, 395,542, Repealed 1346) 4.05.060 Wind pressure. (Ords. 162, 269, 395,542, Repealed 839) 4.05.070 Foundation ventilation. (Ords. 97, 162, 269, 395, Repealed 542) 4.05.080 Exits. (Ords. 97, 269, 395, Repealed 542) 4.05.090 Energy conservation in new building construction. (Ords. 542, 1123, Repealed 1346) 4.05.100 Special hazards -- Section 608. (Ords. 542, 1123, Repealed 1346) 4.05.110 Special hazards -- Section 708. (Ords. 542, 1123, Repealed 1346) 4.05.120 Special hazards-- Section 808. (Ords. 542, Repealed 1346) 4.05.130 Special hazards-- Section 1008. (Ords. 542, 1123, Repealed 1346) 4.05.140 Asphalt shingles. (Repealed Ord. 1346) 4.05.145 Group R Division 3 occupancies. (Ords. 1346, Repealed 2001-2003) .. . 4.05.150 Appendix Group R Division 3 occupancies. (Ords. 1346, 1645-95, Repealed 2001-2003) Attachment A Page 23 of 56 Chapter 4.06 UNIFORM BUILDING SECURITY CODE [SECTIONS: 4.06.010 ADOPTION. 4.06.020 BUILDING OFFICIAL. 4.06.010 ADOPTION. THERE IS HEREBY ADOPTED FOR THE PURPOSE OF ESTABLISHING RULES AND REGULATIONS FOR BUILDING SECURITY THAT CERTAIN CODE KNOWN AS THE "UNIFORM BUILDING SECURITY CODE," 1997 EDITION, OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, EXCEPT FOR SUCH PORTIONS AS ARE HEREINAFTER DELETED, MODIFIED, OR AMENDED, AND THE SAME IS HEREBY ADOPTED AND INCORPORATED AS FULLY AS IF SET OUT VERBATIM HEREIN. (ORDS. 839, 1118, 1346, 1479, 1645-95, 1813-99) 4.06.020 BUILDING OFFICIAL. THE BUILDING OFFICIAL OF THIS CITY SHALL HAVE THE POWERS, DUTIES, AND FUNCTIONS PRESCRIBED FOR THE "BUILDING OFFICIAL" BY UNIFORM BUILDING SECURITY CODE ADOPTED BY KMC 4.06.010 PROVIDED THAT THE SAID POWERS, DUTIES, AND FUNCTIONS MAY BE PERFORMED BY AUTHORIZED REPRESENTATIVES OF THE BUILDING OFFICIAL AND UNDER HIS SUPERVISION AND CONTROL] (ORD. 839[)] Repealed--Ord. 2089-2005) Chapter 4.10 INTERNATIONAL PROPERTY MAINTENANCE CODE Sections: 4.10.010 4.10.015 4.10.020 Adoption. Local amendments to the International Property Maintenance Code. Building Official. 4.10.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the abatement of dilapi- dated, defective buildings which endanger life, health, property, and public safety, that certain code known as the International Property Maintenance Code, 200[0]3 Edition, of the International Code Council except for such portions as are hereinafter deleted, modified, or amended, and the same is hereby adopted and incorpo- rated as fully as if set out verbatim herein. (Ords. 45,269, 395,542, 839, 1118, 1346, 1479, 1645-95, 1813- 99, 2001-2003) 4.10.015 Local amendments to International Property Maintenance Code. The International PrOperty Maintenance Code is adopted by reference with the following revisions' Section 102.3 Application of other codes [and]. Attachment A Page 24 of 56 Delete reference to International Zoning Code and insert reference "Title 14 of KMC." Section 201.3 Terms defined in other codes Delete reference to International Plumbing Code and insert reference "Plumbing Code as adopted by KMC." Delete reference to International Electrical Code and insert reference "Electrical Code as adopted by KMC." Delete reference to International Zoning Code and insert reference "Title 14 of KMC." Section 111 Means of appeal. Delete entire section. Refer to "Chapter 4.40 of KMC." Section 505.1 General. Delete reference to International Plumbing Code and insert reference to "Plumbing Code as adopted by KMC." Section 602.2 Residential occupancies and Section 602.3 Heat supply. Delete reference to Appendix D of the International Plumbing Code and insert reference to "Plumbing Code as adopted by KMC." Section 604.2 Services. Delete reference to ICC Electrical Code and insert reference "Electrical Code as adopted by KMC." (Ord. 2001-2003) 4.10.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Code Official" by the International Property Maintenance Code, adopted by KMC 4.10.010 provided the said pow- ers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (Ords. 269, 395,542, 2001-2003) Chapter 4.15 UNIFORM SIGN CODE (Ords. 269, 395,542, 579, 839, 1118, 1346, 1479, 1645-95, 1813-99, Repealed Ord. 2001-2003) Chapter 4.20 MECHANICAL CODE Attachment A Page 25 of 56 Sections: 4.20.010 4.20.015 4.20.020 4.20.030 Adoption. Local amendinents to the 200[0]3 International Mechanical Code. Building Official. Fees. 4.20.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the installation and maintenance of heating, ventilating, cooling, and refrigeration systems, that certain code known as the "Inter- national Mechanical Code," 200[0]3 Edition, of the International Code Council, including the appendices, except for such portions as are hereafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords. 64, 269, 395,542, 839, 1118, 1346, 1479, 1645-95, 1813-99, 2001-2003) 4.20.015 Local amendments to the 200[0]3 International Mechanical Code. The International Mechanical Code (I.M.C.) Chapters 1 -- 15 and Appendix A (200[0]3 Edition) are adopted by reference to regulate all occupancies and buildings with the following revisions: [CHAPTER 1 ADMINISTRATION.] [Delete] Section 109 Means of Appeal. Delete entire section. Refer to Chapter 4.40 of KMC. 201.3 Terms defined in other codes. Revise by deleting the reference "ICC Electrical Code" and replace with the reference "Electrical Code as adopted by KMC." Revise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by KMC." 202 General Definitions. Amend by adding the following definitions: Heat Recovery Device. An assembly containing a heat recovery element. Heat Recovery Element. A device or series of devices whose purpose is to reclaim only the heat content of air, vapors, gases, and/or fluids that were being expelled through the exhaust system, and transferring the thermal energy so reclaimed to a location whereby a useful purpose may be served. 301.2 Energy utilization. Revise by deleting the words "in accordance with the International Energy Conservation Code." Attachment A Page 26 of 56 301.7 Electrical. Revise by deleting the reference to "ICC Electrical COde" and inserting the reference "Electrical Code as adopted by KMC." 301.8 Plumbing connections. Revise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by the KMC." [301.14 PROHIBITED LOCATION. AMEND SENTENCE TO READ: MECHANICAL SYSTEMS SHALL NOT BE LOCATED IN AN ELEVATOR SHAFT WITH THE EXCEPTION OF MECHANICAL EQUIPMENT AND DEVICES EXCLUSIVELY SERVING THE ELEVATOR.] 303.3 Prohibited locations. From the third exception, delete the words "weather stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and." Insert the words "tightly gasketed" before "solid" to read '"tightly gasketed solid door." 303.8 Elevator shafts. Amend sentence to read as follows: Mechanical systems shall not be located in an elevator shaft with the exception of mechanical equipment and devices exclusively serving the elevator. 304.[7]_8 Clearances to combustible construction. ReVise to read as follows: Heat producing equipment and appliances shall be installed to maintain the required clearances to combusti- ble construction as specified in the listing and manufacturers instructions. Such clearances shall be reduced only in accordance with Section 308. Certain unlisted heat-producing equipment shall be allowed provided it is installed in a manner so as to maintain the clearances to combustible construction specified in Table 304.[7]8. Clearances to combustibles shall include such considerations as door swing, drawer pull, overhead projections~ o[F]r shelving and window swing, shutters~ coverings~ and drapes. Devices such as doorstops or limits, closers, drapery ties or guards shall not be used to provide the required clearances. Attachment A Page 27 of 56 Revise by adding Table 304.[7]8 and Table 304.8.1 as follows' STANDARD INSTALLATION CLEARANCES IN INCHES FOR CERTAIN UNLISTED HEAT PRODUCING APPLIANCES ., Above Top From Top and of Casing or Sides of Warm-air From From From Appliances Fuel Appliance Bonnet or Plenum Front~ Back6 Sides6 Residential Type ...... Furnaces - Floor Solid 182 182 48 18 18 , , For Mounting on Combustible Automatic Floors. Oil or Comb. Gas-oil 36 12 12 12 Room Heaters3 Circulating Type Oil or solid 36 24 12 12 Radiant or other type Oil or solid 36 36 36 36 Fireplace stove Solid 484 54 484 484 Incinerators Domestic Types 365 48 36 36 Commercial- Type Low Heat Appliances Unit Heaters ,, Floor mount any size All fuels 18 48 18 18 Other Iow-heat industrial appliances. Floor-mounted or suspended All fuels 18 18 48 18 18 Commercial Industrial- Type Medium Heat Appliances Incinerators All sizes 48 96 36 36 Footnotes: (1) The minimum dimension shall be that necessary for servicing the appliance, including access for cleaning and normal care, tube removal, etc. (2) The dimension may be 6 inches (152 mm) for an automatically stoker-fired forced-warm-air fumace equipped with 250 degree Fahrenheit limit control and with barometric draft contrOl operated by draft intensity and permanently set to limit draft to a maximum intensity of 0.13-inch water gauge (32Pa). (3) Approved appliances shall be installed on non-combustible floors and may be installed on protected combustible floors. Heating appliances approved for installation on protected combustible flooring shall be so constructed that flame and hot gases do not come in contact with the appliance base. Protection for combustible floors shall consist of 4-inch (102 mm) hollow masonry covered with sheet metal at least 0.021 inch (0.5 mm) thick (No. 24 manufacturer's standard gauge). Masonry shall be permanently fastened in place in an approved manner with the ends unsealed and joints matched so as to provide free circulation of air through the masonry. Floor protection shall extend 12 inches (305 mm) at the sides and rear of the ap- pliance, except that at least 18 inches (457 mm) shall be required on the appliance-opening side or sides measured horizontally from the edges of the opening. (4) The 48-inch (1219 mm) clearance may be reduced to 36 inches (914 mm) when protection equivalent to that provided by Items 1 through 6 of Table 304.[718.1 is applied to the combustible construction. (5) Clearance above the charging door must be at least 48 inches (1219 mm). (6) If the appliance is encased in brick the 18-inch (457 mm) clearance above and at sides and rear may be reduced to 12 inches (305 mm). Attachment A Page 28 of 56 TABLE 304.8.1 CLEARANCES, IN INCHES, WITH SPECIFIED FORMS OF PROTECTION 1,2 · PE.~gF PROIECTION A_ppli¢,d to the Combustible Materia! Unless WHERE THE STANDARD CLEARANCE IN TABLE 304.8 WITH NO'PROTECTION IS: O__ttherwise Specified and Covering All Surfac.es within the Distance Specified as 36 Inches J 18 Inches J 12 Inches J 6 Inches th_~e Required Clearance with No Protection ' X25.4 for mm Above Side____~s ..C..hjmney or Above Sides .C..himney or Above Sides_ ,Chimney or Above Sides Chimney or X 25.4 for mm and Vent. Connec- and Vent Connec- and Vent Connec- and _V. ent Connec- Rear to___r Rear to__[r Rear to.__r Re. ar to_.~r I. ~A" insulating mill board spaced out 1"3 2. 0.0.!3" (No. 28 manufacturer's standard gauge) . steel sheet on ,A" insulating mill 24 18 24 12 9 12 9 6_ 4_ 3_ _2 boar____~d 3. 0.0.!3" (No. 28 manufacturer's standard gau_~e)..,steel sheet spaced out 1"3 18 12 1_.~8 9 6_ 9 6_ 4_ 4_ 2_ 2_ 2 4. 0.013" (No. 28 manufacturer's standard gauge) steel sheet on 1/8" insulating mill 18 12 18 9 _6 _9 6 4_ 4_ 2_ boar~t.spaced out 1"3 - 5. ! ;h" insulating c.e. ment covering on heating, appliance 18 12 36 _9 6_ 18 6_ 4_ _9 _2 / _6 6. SA" insulating mill board on 1" mineral fiber batts reinforced with wire mesh or 18 12 18 6 6 _6 4_ 4_ 4 2_ _2 _2 ,equiva, lent - 1. For appliances complying with Sections 304.2 and 304.3. 2. .E. xcept for the protection described in Item 5, all clearances shall be measured from the outer surface of the appliance to the combustible material, disregarding any intervening protection applied to the combustible material. 3, .Spacers shall be of noncombustible material. NOTE: Insulating millboard is factory-made product formed of noncombustible materials, normally fibers, and having a thermal conductivity of I Btu-inch per square foot per degree Fahrenheit [1.73W (mK)] or less. [312 HEATING AND COOLING LOAD CALCULATIONS.] ~ 312.1' Load Calculations. Revise the third sentence by deleting the words "using the design parameters specified in Chapter 3 of the International Energy Conservation Code." 403.3 Ventilation rate. Amend by adding to the end of the first sentence the words "or in accordance with the latest version of ASHRAE Standard 62." 513 SMOKE CONTROL SYSTEMS. Revise by deleting the reference "ICC Electrical Code" and replacing it with the reference "Electrical Code as adopted by KMC wherever it occurs in this section." 514.1 General. Delete the second sentence and replace with "Energy recovery ventilation systems must be installed ac- cording to the manufacturer's instructions and specifications. 601.3 Contamination Prevention. Amend by adding the following exception to 601.3 to read as follows: Attachment A Page 29 of 56 Exception: Environmental air exhaust ducts under positive pressure may extend into or through ducts or ple- nums if one of the following design approaches is used: 1. Route environmental air exhaust ducts inside a shaft when passing through a duct or plenum. 2. Install a second duct around the environmental air exhaust duct where passing through ducts and plenums to minimize leakage to the duct or plenum. Seal both ends of the outer duct to outside. 3. Seal the environmental air exhaust ducts along all seams and joints using a listed low to medium pressure duct sealant which is typically applied by brush, trowel or caulking gun. InStall sealant per manufacturer's recommendations. 4. Provide flexible duct with no seams in the duct or plenum only to a limit of 8'. The 8' limit is due to high static losses. Also, sleeving the metal duct with flexible seamless duct is acceptable. 602.1 General. Delete from the second sentence the words "uninhabited crawl spaces." Add the following sentence to the end of the paragraph: "Underfloor crawlspaces' shall not be used as plenums." 603.8 Joints, seams, and connections. Delete paragraph and replace with the following: All joints, longitudinal and transverse seams, and connections in ductwork' shall be securely fastened and sealed with welds, gaskets, mastics (adhesives), mastic-plus-embedded-fabric systems or tapes. Tapes and mastics used to seal ductwork shall be listed and labeled in accordance with UL 18 lA or UL 18 lB Duct con- nections to flanges of air distribution system equipment shall be sealed and mechanically fastened. Duct tape is not permitted as a sealant on any metal ducts. Add the following exception' Exception: Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g. (500 Pa) pressure classification. 604.1 General. Delete the words "and the International Energy Conservation Code." Add to the end of the paragraph: All supply and return air ducts and plenums shall be insulated with a minimum of R-5 insulation when located in unconditioned spaces and with a minimum of R-8 insulation when located outside the building envelope. Attachment A Page 30 of 56 When located within a building envelope assembly, the duct or plenum shall be.separated from the building exterior or unconditioned or exempt spaces by a minimum of R-8 insulation. Exceptions: 1. When located within equipment. 2. When the design temperature difference between the interior and exterior of the duct or plenum does not exceed 15°F (8°C). 3. When located within the under floor crawlspace of a one- or two- family dwelling unit. 709.1 General. Revise by adding a second sentence to read: Combustion-air openings must be covered with corrosion-resistant screen of no greater than 1-inch (13 mm) mesh. 801.21011 Locations and support of venting systems other than masonry chimneys. Add a new Section 801.21011 as follows: Unless a vent listed for exterior use in cold weather climates is installed, a venting system installed exterior to the building outside the thermal envelope shall be installed in a shaft. The portion of the vent system that is above the last roof and its projected plane need not be enclosed. The portion of the venting system passing through an attic space need not be enclosed. 908.5 Water supply. Revise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by KMC." Section 92[5]6 Unvented Room Heaters. Revise by adding a new section 92[5]6 Unvented Roo~n Heaters to read: 92[5]6.1 General. Unvented room heaters shall be tested in accordance with American National Standards Institute (ANSI) Z 21.11.2 and may be installed in accordance with the conditions of the listing and the manu- facturer's installation instructions. 92[5]6.2 Prohibited use. One or more unvented room heaters may not be used as the sole source of comfort heating in a dwelling unit. 92[5]6.3 Input rating. Unvented room heaters may not have an input rating in excess of 40,000 Btu/h (11.7 kW). Attachment A Page 31 of 56 92[5]6.4 Prohibited locations. Unvented room heaters may not be installed within A, E or I Occupancies. Such appliances may not be located in or obtain combustion air from any of the following rooms or spaces' 1. Sleeping rooms. 2. Bathrooms. 3. Toilet rooms. 4. Storage closets. 5. Surgical rooms. Exceptions: 1. A single wall-mounted unvented room heater equipped with an oxygen depletion safety shutoff system and installed in a bathroom provided the input rating does not exceed 6,000 Btu per hour (1.76 kW) and the bathroom is not a confined space. 2. A single wall-mounted unvented room heater equipped with an oxygen depletion safety shutoff system and installed in a bedroom provided that the input rating does not exceed 10,000 Btu per hour (2.93 kW) and the bedroom is not a confined space. 92[5]6.5 Room or space volume. The aggregate input rating of all unvented appliances installed in a room or space may not exceed 20 Btu/h per cubic foot of volume of such room or space. Where the room or space in which the equipment is installed is directly connected to another room or space by a doorway, archway or other opening of comparable size that cannot be closed, the volume of such adjacent room or space may be permitted to be included in the calculations. 92[5]6.6 Oxygen-depletion safety system. Unvented room heaters will be equipped with an oxygen- depletion-sensitive safety shutoff system. The system shall shut off the gas supply to the main and pilot bum- ers when the oxygen in the surrounding atmosphere is depleted to the percent concentration specified by the manufacturer, but not lower than 18 percent. The system will not incorporate field adjustment means capable of changing the set point at which the system acts to shut off the gas supply to room heater. 92[5]6.7 Unvented log heaters. An unvented log heater may not be installed in a factory-built fireplace unless the fireplace system llas been specifically tested, listed and labeled for such use in accordance with Underwriters Laboratories (UL) 127. Chapter 10 Boilers, Water Heaters, And Pressure Vessels. Revise by deleting the references "International Plumbing Code" and inserting the references "Plumbing Code as adopted by KMC" wherever they occur in the chapter. 1001.1 Scope. Revise to read' Attachment A Page 32 of 56 This chapter governs the installation, alteration and repair of boilers, water heaters, and pressure vessels not subject to the provisions of the State Department of Labor under AS [ 18.60.80118.60.180 -- 18.60.395. 1007.1 General. Revise by deleting the words "and hot water" from the first sentence. Section 1011 TESTS. Delete this section. 1101.4 Water connection. Revise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by KMC." 1201.1, 1206.2, and 1206.3 Revise by deleting the references "International Plumbing Code" and inserting the references "Plumbing Code as adopted by KMC" wherever they occur. 1204.1 Insulation characteristics. Revise the first sentence by deleting the words "shall conform to the requirements of the International Energy Conservation Code." 1204.2 Required thickness. Revise by deleting the words "to the thickness required by the International Energy Conservation Code." 1401.2 Potable water supply. Revise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by KMC." Chapter 15 Referenced Standards. Revise by changing the referenced standards from the publication date listed to the latest published edi- tion as follows: N.F.P.A. 13-[1999] 2002 Installation of Sprinkler Systems. N.F.P.A. 72-[1999] 2002 National Fire Alarm Code N.F.P.A. 96-2001 Ventilation Control and Fire Protection of Commercial Cooking Operations Attachment A Page 33 of 56 (Eff. 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159) (Ord. 2001-2003) 4.20.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Code Official" by the International Mechanical Code adopted by KMC 4.20.010, provided the powers, duties and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (Ords. 64, 269, 395,542, 2001-2003) 4.20.030 Fee schedule. Section 106.5.2 of the International Mechanical Code adopted by this chapter is amended to read: If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, the fee shall be computed according to Table 1-A at KMC 4.05.030(b). (Ords. 150, 269, 395,542, 1118, 1645-95, 1813-99, 2001-2003) Chapter 4.25 PLUMBING CODE Sections' 4.25.010 4.25.015 4.25.020 4.25.030 4.25.040 4.25.050 4.25.055 4.25.060 4.25.070 4.25.080 Adoption. Local amendments to the 200[0]3 Uniform Plumbing Code. Fee schedule. Minimum standards. Plumbing material standards. Sewer required. Building Official. Vent termination. Protection of piping materials and structures. Air chambers. 4.25.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the qualification of per- sons engaged in the business of plumbing and the installation, alteration, or repair of plumbing systems, that certain bound volume known as the "Uniform Plumbing Code," 200[0]3 Edition, of the Intemational Associa- tion of Plumbing and Mechanical Officials, including the appendices, except for such portions as are hereinaf- ter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out ver- batim herein. (Ords. 64, 269, 395,542, 839, 1445, 1645-95, 1813-99, 2001-2003) 4.25.0 5 Local amendments to the 200[0]3 Uniform Plumbing Code. 413.[011 [MINIMUM NUMBER OF REQUIRED FIXTURES] Fixture Count. Revise by [DELETE SECTION 413.0 AND REFER TO 2000] deleting "Table 4-1" and inserting 2003 International Building Code, Chapter 29 and Table 2902.1. Attachment A Page 34 of 56 [507.0 COMBUSTION AIR. DELETE SECTION 507.0 COMBUSTION AIR AND REFER TO THE 2000 INTERNATIONAL MECHANICAL CODE AND THE 2000 INTERNATIONAL .FUEL GAS CODE.] [510.8] 508.5 Relief Valve Discharge. Delete Section [510.8] 508.5. [SECTIONS 512-- 525. DELETE SECTIONS 512 THROUGH 525.] 603.4.9 Water Cooled Compressors, Degreasers. Amend section by adding a second paragraph to read as follows: Installation, operation or use of air conditioning or cooling units employing water or other fluid as a cooling agent without a recovery and recirculation unit is prohibited. 604.1 Materials -- Water Pipe and Fittings. Delete the second sentence of Paragraph 604.1. 604.2 Materials -- Copper Tube. [Amend Section 604.2 to] [d]Delete the words "or underground outside of structures" in the Exception. 608.7 Vacuum relief valves. Add the following after "elevation": "more than one story." 701.1.2 Sanitary drainage. Delete the words "Chapter 15, Firestop Protection for DWV and Stormwater Application" and replace with the words "the building code as adopted by KMC." 704.3 Fixture connections (drainage). Delete the second and third sentences. 801.3 Bar and Fountain Sink Traps. [AMEND PARAGRAPH 801.3 BY DELETING] Delete the words "5 feet" from the last sentence and [SUBSTITUTING] substitute the words "15 feet." Attachment A Page 35 of 56 811.9 Chemical Wastes -- Dental Vacuum Systems. Add [PARAGRAPH 811.9] a new section as follows: 811.9 Vacuum dental systems may be inStalled with Schedule 40 PVC pipe and fittings, above and below grade. Piping and fittings installed in plenums or penetrating fire rated assemblies shall have a flame spread index of not more than 25 and a smoke-developed rating of not more than 50 when tested in accordance with the test for Surface Burning Characteristics of Building Materials, [U.B.C. STANDARD 8-1,] or to be pro- tected by an approved fire and smoke rated material. 903.1.2 Vents; materials. Delete reference to "Chapter 15 Firestop Protection for DWV and Stormwater Application" and replace with "the Building Code as adopted by KMC." TABLE 10-1 Horizontal Distance of Trap Arms. Add ** and *** after Horizontal Distance of Trap Arms and add the following below Table 10-1. ** Trap arms for residential floor drains may be extended beyond the limits of Table 10-1 to where they pass under the nearest wall before installing the required vent. *** A maximum of two (2) unvented floor drains may be installed in residential garages. Each drain shall have a two-inch (2") minimum trap and trap arm and two-inch (2") floor drain. The tail piece need not be vented. Both traps must tie into the main building drain separately. 1007.0 Trap Seal Protection. Amend section by adding the following exception: Exception: R-3 occupancies (one- and two- family dwelling units). 1101.5 Subsoil Drains. Amend Section 1101.5.1 by adding to the beginning of the paragraph: When required by the administrative authority... 1101.9 Filling Stations and Motor Vehicle Washing Establishments. Amend Section 1101.9 by adding to the beginning of the paragraph' When required by the administrative authority... Attachment A Page 36 of 56 1101.11.1 Primary Roof Drainage. Delete the first sentence and replace with the following, to read as follows: Roof areas of a building shall be drained by roof drains, gutters, scuppers, or sheet flow off the edge of the roof. 1101.11.2.2 Secondary Roof Drainage. Delete from the first sentence the words "shall be separate from the primary system and." CHAPTER 12 Fuel Piping. Chapter 12 has not been adopted. Refer to the International Fuel Gas Code. The sizing methods in Sec- tion[S] 1217 [AND 1218] shall be considered acceptable methods of sizing gas piping. 1317.0 Materials -- Medical Gas Systems. Amend Section 1317.4 by adding a second paragraph as follows: Vacuum dental systems may be installed with Schedule 40 PVC pipe and fittings, above and below grade. Piping and fittings installed in plenums or penetrating fire rated assemblies shall have a flame spread index of not more than 25 and a smoke-developed rating of not more than 50 when tested in accordance with the test for Surface Burning Characteristics of Building Materials, [U.B.C. STANDARD 801,] or to be protected by an approved fire and smoke rated material. (Ord. 2001-2003) 1501.1 Applicability. Delete reference to "NFPA 5000, NFPA Building Code" and insert reference "International Building Code as adopted by KMC." 1507.1 General. Delete reference to "NFPA 5000, NFPA Building Code" and insert reference "as adopted by KMC." 4.25.020 Fee schedule. Section 103.4.1 Permit Fees of the Plumbing Code adopted by this chapter is amended to read: If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, then the fee schedule shall be computed according to Table 1-A at KMC 4.05.030(b). (Ords. 64, 269, 395,542, 1445, 1645-95, 1813-99, 2001-2003) 4.25.030 Minimum standards. (Ords. 64, 269, 395,542, Repealed 839) Attachment A Page 37 of 56 4.25.040 Plumbing material standards. (Ords. 64, 269, 395,542, 839, 1645-95, 1813-99, Repealed 2001-2003) 4.25.050 Sewer required. (Ords. 269, 395, 542, Repealed 839) 4.25.055 Building Official. The Building Official of the City of Kenai shall have the powers, duties and functions prescribed for the Administrative Authority in the Uniform Plumbing Code adopted by KMC 4.25.010, provided the said pow- ers, duties and functions may be performed by the authorized representatives of the Building Official and un- der his supervision and control. (Ord. 2001-2003) 4.25.060 Vent termination. (Ords. 269, 395, Repealed 542) 4.25.070 Protection of piping materials and structures. Section 313.0 of the Uniform Plumbing Code adopted by this chapter is amended to add the following: 313.13 Water service pipe shall have the thaw wire connected at the water main, and brought to the surface at the curb stop or other convenient location. Such wire shall not be smaller than 4/0 AWG. (Ords. 269, 395, 542, 1445, 1645-95, 1813-99, 2001-2003) 4.25.080 Air chambers. (Ords. 126, 269, 395, Repealed 542) Chapter 4.30 ELECTRICAL CODE Sections: 4.30.010 4.30.015 4.30.020 4.3O.O30 4.30.040 4.30.050 4.30.055 4.30.060 Adoption. Local amendments to the National Electrical Code 200[0]5. Wiring requirements. Electrical .permit required. Inspections. Minimum size of conductors. Building Official. Fee schedule. 4.30.010 Adoption. There is hereby adopted for the purpose of establishing standards governing the installation of electrical equipment within or on public and private buildings and premises, that certain code known as the "National Electrical Code," 200[2]5 Edition of the National Fire Protection Association, except for such portions as are hereinafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords. 269, 395,651,988, 89-1346, 1645-95, 1813-99, 2001-2003) Attachment A Page 38 of 56 4.30.015 Local Amendments to the National Electrical Code 200[0]5. [ARTICLE 80 ADMINISTRATION AND ENFORCEMENT. DELETE ENTIRE ARTICLE.] [210.8(A) DWELLING UNITS. REPLACE 210.8(A)(7) WITH THE FOLLOWING: SINKS. WHERE RECEPTACLES ARE INSTALLED WITHIN 6 FEET OF THE OUTSIDE EDGE OF A SINK.] 210.8[(b)](B) Other than dwelling units. Add paragraphs 210-8[(b)(4)] (B)(6) and 210-8[(b)(5)] (B)(7) as follows: [(4)] (6) Outdoors where accessible from ground level. [(5)] LDWithin 6 feet of the outside edge of a sink. 210.23[(e)] (E) Outlets per circuit. Add a subsection [(e)] (E) to Section 210.23 to read as follows: Outlets per circuit. In dwelling units, no more than 13 outlets are allowed on one branch circuit. All smoke detectors on a circuit may be counted as a total of one outlet. Appliance circuits are limited to six duplex re- ceptacles per circuit. Exception: Fixed lighting circuits designed to meet the appropriate sections of the code. 300.4 Protection against physical damage. Amend by adding new subsection [(g)] (_G): [(g)] (G) Roofs. Raceways run on the surface of a roof or subject to damage from snow, ice, or foot traffic, shall be rigid metal or intermediate metal conduit only. 310.13 Conductor construction and applications. Amend by adding the following sentence to the end of the section: Thermoplastic type insulation shall not be installed when the temperature is less than -7C (20F). [334.12 USES NOT PERMITTED. ADD SUBSECTION "E." TO (A)(10): Attachment A Page 39 of 56 E. WHEN THE TEMPERATURE 1N A BUILDING IS LOWER THAN'-7C (20F), NON-METALLIC SHEATHED CABLE SHALL NOT BE INSTALLED.] [362.12 USES NOT PERMITTED. ADD A SUBSECTION (11): (11) WHEN THE TEMPERATURE IN A BUILDING IS LOWER THAN -7C (20F), ELECTRICAL NON- METALLIC TUBING SHALL NOT BE INSTALLED NOR HAVE WIRES INSTALLED IN IT. (ORD. 2001-2003)] 334.16 Non-metallic-sheathed cable; installation; installation temperature. Add a new section as follows: "334.16 Installation temperature. Non-metalic-sheathed cable shall not be installed when the temperature in the building or work area is below 20 degrees Farenheit (-7C)." 4.30.020 Wiring requirements. (Ords. 269, 395, 89-1346 Repealed) 4.30.030 Electrical permit required. (Ords. 269, 395, 89-1346 Repealed) 4.30.040 Inspections. (Ords. 269, 395, 89-1346 Repealed) 4.30.050 Minimum size of conductors. (Ords. 269, 395, 651, 1228, 89-1346 Repealed) 4.30.055 Building Official. The Building Official ofthe City of Kenai shall have the powers, duties, and functions prescribed for the authority having jurisdiction in the National Electrical Code, adopted by KMC 4.30.010, provided the said powers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and cOntrol. (Ords. 89-1346, 2001-2003) 4.30.060 Fee schedule. [ARTICLE 80.19(E) OF THE NATIONAL ELECTRICAL CODE ADOPTED BY THIS CHAPTER IS AMENDED TO READ:] If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, the fee shall be computed according to Table 1-A at KMC 4.05.030(b). (Ords. 269, 395,579, 89-1346, 1645-95, 1813-99, 2001-2003) Attachment A Page 40 of 56 Chapter 4.31 FUEL GAS CODE Sections: 4.31.010 Adoption. 4.31.015 Local Amendments to the International Fuel Gas Code 4.31.020 Building Official. 4.31.030 Fee schedule. 4.31.010 Ad°ption. There is hereby adopted for the purpose of establishing rules and regulations for the installation and maintenance of fuel gas piping systems, fuel gas utilization, and related accessories as defined under Scope in that certain code known as the "International Fuel Gas Code," 200[0]3 Edition, of the International Code Council, including the appendices, except for such portions as are hereafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ord. 2001-2003) 4.31.015 Local Amendments to the International Fuel Gas Code. Section 103 Department of Inspection. Delete entire section. Section 109 Means of Appeal. Delete entire section. Refer to "Chapter 4.40 of KMC. 201.3 Terms Defined in Other Codes. Delete referenCe to International Electrical Code and insert reference "Electrical Code as adopted by KMC." Delete reference to International Plumbing Code as adopted by KMC." 30.1.2 Energy Utilization. Delete the words "in accordance with the International Energy Conservation Code." 301.6 Plumbing Connections. Delete reference to International Plumbing Code and insert reference "Plumbing Code as adopted by KMC." 304.6 Outdoor Combustion Air. Attachment A Page 41 of 56 Add the following to the end of the paragraph: "Combustion air shall not be obtained from the attic, unless prior approval is obtained from the administration authority." 304.11 Combustion Air Ducts. Delete the exception to Item 1. 306.3.1 Electrical Requirements. Delete reference to International Electrical Code and insert reference "Electrical Code and insert reference "Electrical Code as adopted by KMC." 306.4.1 Electrical Requirements. Delete reference to International Electrical Code and insert reference "Electrical Code and insert reference "Electrical Code as adopted by KMC." 306.5.2 Electrical Requirements. Delete reference to International Electrical Code and insert reference "Electrical Code and insert reference "Electrical Code as adopted by KMC." 309.2 Connections. Delete reference to International Electrical Code and insert reference "Electrical Code and insert reference "Electrical Code as adopted by KMC." 404.9 Minimum burial depth,. In first sentence change "12" to "18." 404.17 Underground piping system installation. Add a new subsection 404.17' At all points where fuel gas piping enters or leaves the ground, .there shall be installed, abov. e ground, a connection capable of absorbing relative ~notion due to frost heave action. Such connectors shall be of a type approved by the Building Official and installed in such a manner to absorb a 6-inch (152 mm) displacement in any direction. A wire braided kink-proof flexible connection with woven jacket and oil proof synthetic tube and cover and neoprene liner may be used. SuPporting wire shall run the full length of hose. Hose-to-pipe connectors are to be of the removable metal compression type. Temperature range shall be-40 degrees F to +250 degrees F. 404.18 Piping system installation; flex connectors. Add a new subsection as follows: Attachment A Page 42 of 56 "404.18 Flex connectors. Flex connectors listed for outdoor use may be used between meter and house main. No flex connector may pass through any wall, partition, panel, or other barrier. Solid fittings shall be used on each end." 406.4.1 Test pressure. Replace the mini~num test pressure of 3 psig with 10 psig and add the following sentence at the end of the paragraph. "Required pressure tests of 10 psig shall be performed with gauges of 1/1 O-pound incrementation or less." 409.5 Equipment shutoff valve. Delete the exception. 502.7 Vents; vent insulation. Add a new subsection as follows: 502.7 Vent insulation. Unless a vent listed for exterior use in cold weather climates is installed, a venting system installed exterior to the building, outside the thermal envelope, shall be installed in an insulated (R-19 minimum) shaft. The portion ofthe vent system that is above the last roof and its projected plane need not be enclosed. The portion of the venting system passing through an attic space need not be insulated or enclosed 502.8 Vents; ice damage. Add a new subsection as follows: "502.8 Ice Damage. Vent terminations that penetrate a metal roof with a pitch shall be protected by an ice dam or deflector of an approved type acceptable to the Administrative Authority." 4.31.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Code Official" by the International Fuel Gas Code adopted by KMC 4.31.010, provided the powers, duties and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (Ord. 2001-2003) 4.31.030 Fee schedule. Section 106.5 of the International Fuel Gas Code adopted by this chapter is amended to read' If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, the fee shall be computed according to Table 1-A at KMC 4.05.030(b). (Ord. 2001-2003 ) Attachment A Page 43 of 56 Chapter 4.3 2 RESIDENTIAL CODE Sections' 4.32.010 4.32.015 4.32.O2O 4.32.030 Adoption. Local amendments to the 200[0]3 International Residential Code. Building Official. Fee schedule. 4.32.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the construction, altera- tion, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one and two family dwellings and multiple single-family dwellings, that certain code known as the "International Residential Code," 200[0]3 Edition, of the International Code Council, including the appendices, except for such portions as are hereafter deleted, ~nodified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ord. 2001-2003) 4.32.015 Local amendments to the 200[0]3 International Residential Code. R105.2 Work exempt from permit. Change Subsection 1 from "200" to "120." [R106 CONSTRUCTION DOCUMENTS. DELETE SECTION R106.1.3 INFORMATION FOR CONSTRUCTION IN AREAS PRONE TO FLOODING.] RI 07.3 Temporary power. Amend the last sentence by changing "ICC Electrical Code" to "Electrical Code adopted by KMC." R108.3 Building permit valuations. Add the following after the first sentence: The Building Valuation Data Table shown in the latest edition of the [BUILDINGS STANDARD MAGAZINE] Building Safety Journal published by the International [CONFERENCE OF BUILDING OFFICIALS] Code Council shall be used to determine value. R108.4 Related fees. Attachment A Page 44 of 56 Add the following after the first sentence: Any person who commences any work on a building before obtaining the necessary permits shall be subject to an additional fee, equal to the cost of the building permit, that shall be in addition to the required permit fees. Section R112 Board of appeals. Delete entire section. Refer to "Chapter 4.40 of KMC." Table R301.2(1) Climatic and Geographic Design Criteria. Attachment A Page 45 of 56 Add the following information in the table' Roof snow load 50 PSF Wind Speed 100 mph Seismic Design Category D2 Subject to damage from: Weathering Yes, severe Frost Line Depth 42" Termite No Decay No Winter Design Temperature -18 deg F Flood Hazards No Ice shield under-laymentrequired Yes Air freezing index Mean annual temperature 3000 35 degrees R301.2.2.1.1 Alternate determination of seismic design category. Delete paragraphs R301.2.2.1.1, R301.2.2.1.2, R301.2.2.2, and Table R301.2.2.1.1 and replace with the following: The seismic design category for Kenai shall be D2. R309.1 Opening protection for fire ratings for attached garages. Amend by adding a third sentence to read as follows' Doors shall be self-closing and have smoke gaskets at top and sides of doors and adjustable threshold or sweep. R309.2 Separation required. Amend by deleting paragraph in its entirety and replacing with the following: A garage shall be separated from the residence and its attic area with a one-hour occupancy separation.' The occupancy separation may be limited to the installation of approved materials approved for one-hour fire re- sistance construction on the garage side only. 5/8 Type X gypsum wallboard will be considered adequate pro- tection for one-hour construction on the garage side at rated walls and ceilings. All plastic pipe such as con- densate lines, vacuum lines, drain lines, waste lines and vent lines require an approved tested fire collar or equivalent at rated wall and ceiling penetrations on garage side only. All ferrous metal pipe penetrations are required to be filled with gypsum wallboard compound or other approved materials. Fire dampers need not be installed in air ducts passing through the wall, floor, or ceiling separating garage from the dwelling, provided such ducts within the garage are constructed of steel having thickness not less than 0.019 inch (0.48 mm) (No. 26 galvmlized sheet gauge) and have no opening into the garage. Attachment A Page 46 of 56 Access to a crawl space from a garage shall meet minimum requirements of self-closing, tight fitting, solid wood door measuring 1 3/8 inches or greater in thickness, or equivalent laminated plywood or combination plywood and properly secured 5/8 inch Type X gypsum wallboard or 20-minute approved door assembly. IR310.1 EXITS AND EMERGENCY ESCAPES. ADD THE FOLLOWING TO SECTION 310.2 EMERGENCY EGRESS OPENINGS TO READ AS FOLLOWS: EXCEPTION: WHERE WINDOWS ARE PROVIDED AS A MEANS OF ESCAPE OR RESCUE IN A BASEMENT, THEY SHALL HAVE A FINISHED SILL HEIGHT OF NOT MORE THAN 48 INCHES ABOVE THE FINISHED FLOOR.] R313.3 Carbon Monoxide Detectors. Add a new subsection,R313.3, Carbon Monoxide Detectors, to read as follows: Carbon monoxide detectors shall be installed on each floor level of dwelling units. Where there are sleeping rooms on a floor, the detector shall be placed outside of the. sleeping rooms. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. All carbon monoxide detectors shall be listed and installed in accordance with the provisions of this code. R313.3.1 Alterations, Repairs, and Additions. Add a new subsection, R313.3.1, Alterations, Repairs, and Additions, to read as follows' When interior alterations, repairs, or additions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be provided with carbon monoxide detectors as required in section R313.3 and R313.4. R313.4 Power Source. Add a new subsection, R313.4, Power Source, to read as follows: In new construction, the required carbon monoxide detectors shall receive their primary power from the building wiring system, and when prima _fy power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. Carbon monoxide detectors shall be permitted to be electrical outlet type with batte _fy back up. when installed in existing buildings that undergo alterations, repairs, or additions that do not result in the removal of the inte- rior wall or ceiling finishes exposing the structure. [R314.2 TREADS AND RISERS. AMEND FIRST SENTENCE BY CHANGING "MAXIMUM RISER HEIGHT" FROM 7 3/4 INCHES TO 8 INCHES. Attachment A Page 47 of 56 AMEND FIRST SENTENCE BY CHANGING "MINIMUM TREAD DEPTH" FROM 10 INCHES TO 9 INCHES.] IR31 $. 1 HANDRAILS. AMEND SECOND SENTENCE BY CHANGING THE WORDS "TWO OR MORE RISERS" TO "FOUR OR MORE RISERS."] R31 [8]4.1.2 Thermal barrier. Add the following: Exception' Foam plastics used in crawl space areas do not require the~Tnal barrier provided the following con- ditions are met: 1. Entry to crawlspace is only to serve utilities. 2. There are no interconnected basement areas. 3. Air to the crawl space is not circulated to other parts of the building. 4. Foam plastic does not exceed a 2-inch thickness and a 2.5 pounds per cubic foot nominal density. 5. Ventilation complying with Section R408 is provided. 6. No gas-fired equipment is located in crawl space. R3122] 18 Moisture Vapor Retarders. Delete paragraph and exceptions and add the following: Vapor retarders. All exterior wall, ceiling, roof and floor assemblies which enclose heated spaces and which are exposed to outdoor ambient temperatures shall be protected against water vapor transmission. Assemblies not otherwise of impermeable construction shall have installed, on the heated side of the insulation or air spaces, vapor retarders having a perm rating of 0.06 minimum (equivalent to 6 mils polyethylene sheeting)or other material approved by the Building Official. R319.3 Fasteners Delete exceptions. R401.1 Application. Add the following exception' Wood foundations shall have a 16-inch x 10-inch reinforced concrete footing minimum. R402.1.3 Restraint for wood foundations. Add a new subsection, R402.1.3, Restraint for Wood Foundations, to read as follows: Attachment A Page 48 of 56 Basement. A 4-inch thick concrete slab poured against the studs. If a wooden screed is used, it shall be Douglas fir or hem fir pressure treated in accordance with AWPA C22 with a .6 retention. Crawlspace. Option 1' A minimum 5-inch wide by 4-inch deep concrete curb poured against the inside face of the studs. The kicker shall be reinforced with a continuous horizontal No. 3 reinforcing bar. If the kicker is not poured with the continuous concrete footing, it may be poured later provided vertical #3 reinforcing bars x 10 inches long shall be cast into the footing at 2 feet on center. They shall extend 2 inches above the top of the footing. The continuous #3 bar shall be secured to the vertical #3 bars. Option 2: Installation of preservative treated 4"x 4"s with a minimum ½"x 12 "galvanized anchor bolts at 24" O.C. installed in footing against the inside face of studs along the entire perimeter. Exception' The above need not apply if a suitable alternate design is prepared by an engineer registered in the State of Alaska and is approved by the Building Official. R402.1.4 Dampproofing for wood foundation walls. Add a new subsection, 402.1.4, Dampproofing for wood foundation walls, to read as follows: Approved dampproofing shall be applied over the below-grade portion of exterior basement and crawlspace walls prior to backfilling. A treated lumber or plywood strip shall be attached to the wall to cover the top edge of the approved dampproofing. The wood strip shall extend at least two (2) inches above and five (5) incheS below finish grade level to protect the apProved dampproofing from exposure to light and from mechanical damage at or near grade. The joint between the strip and the wall shall be caulked full length prior to fastening the strip to the wall. Alternatively, brick, stucco, or other covering appropriate to the architectural treatment may be used in place of the wood strip. The approved dampproofing shall extend down to the bottom of the concrete footing. R403.1.1 Minimum size. Revise the third sentence to read "All footings shall be at least 10 inches in thickness." R403.1.3 Seismic reinforcing. Revise the second paragraph first sentence by changing "4 feet" to "18 inches." Revise the third paragraph first sentence by changing the number "4" to "5" and the words "four feet" to "32 inches." Revise the exception by deleting the words "plain concrete footings without longitudinal reinforcement supporting walls and," and add the following: Attachment A Page 49 of 56 "provided wood framing is mechanically tied to isolated footings." R403.1.3.1 Foundations with stemwalls. Revise to read as follows: Foundations with stemwalls shall be provided with a minimum of one No. 5 bar at the top of the wall for con- crete masonry unit stemwalls, one No. 4 bar at the top of the wall for poured concrete stemwalls, and two No. 5 bars at the bottom of all footings. R403.1.3.2 Slabs-on-ground with turned-down footings. Revise the first sentence by changing the number "4" to "5." Revise the exception by changing the words "one No. 5 bar" to "two No. 5 bars" and deleting the words "or two No. 4 bars." R403.2 Footings for wood foundations. Delete entire paragraph and replace with the following: Wood foundations shall have a 16-inch-wide x 10-inch-thick concrete footing minimum. R404.1.4 Seismic Design Categories D1 and D2. Revise Subsection 1. to read "Minimum reinforcement shall consist of No. 4 horizontal bar placed at 16" on center for poured concrete walls and No. 5 horizontal bar placed at 48" on center for CMU walls." Revise Subsection 4 by deleting the following word "plain" in two locations and adding at the end ofthe sentence "and supporting one floor only." Revise Subsection 5 by deleting the word "plain." Revise second paragraph by changing the number "3" to "5" and the words "4 feet" to "32 inches" and adding to the end of the paragraph "and minimum vertical reinforcement of one No. 4 bar located a maximum of 18 inches on center in poured concrete walls." Revise by deleting the laSt paragraph. R404.2 Wood foundation walls. Delete the following from the first sentence: "and with the details shown in Figures R403.1(2) and R403.1(3)." R404.3 Wood sill plates. Attachment A Page 50 of 56 Delete the paragraph and substitute with the following: Wood sill plates shall be minimum 2-inch x 6-inch and shall be bolted to the foundation or foundation wall with not less than ten (10) inch-long by five-eighths (5/8) inch nominal diameter galvanized steel bolts em- bedded at least seven (7) inches into the concrete or in fully grouted cells of reinforced masonry and spaced not more than four (4) feet zero (0) inches apart. There shall be a minimum of two bolts per piece with one bolt located within 12 inches of each end of each piece Wood sill plates must be treated material specified in Section R323.1. R404.4.6.2 Horizontal reinforcement. Revise the first sentence by changing the number "48" to "16." ReVise the second sentence by changing the number "36" to "16." Add: Exception: Or per manufacturer's requirements. R404.4.6.4 Vertical reinforcement. Add new section to read: Vertical reinforcement shall be a minimum of No. 4 vertical reinforcing bar placed at 18 inches on center. R406.1 Concrete and masonry foundation dampproofing. Delete section and substitute with the following' Except where required to be waterproofed by Section R406.2, in dwelling units only foundation walls that retain earth and enclose habitable or usable spaces located below grade shall be dampproofed from the top of the footing to the finished grade and dampproofing shall cover the top of the footing, and lap over the outer edge a minimum of 1 inch. Masonry walls shall' be dampproofed with a bituminous coating, 3 pounds per square yard (1.63 kg/m2) of acrylic modified cement, 1/8-inch (3.2 mm)coat of surface-bonding mortar com- plying with ASTM C 887 or any material permitted for waterproofing in Section R406.2. Concrete walls shall be dampproofed by applying any one of the above listed dampproofing materials or any one of the water- proofing materials listed in Section R406.2 to the exterior of the wall. Foundation walls that are backfilled on both sides, such as those used in conjunction with a "slab on grade" do not require dampproofing or water- proofing. R406.2 Concrete masonry foundation waterproofing. Delete the following words from the second sentence: 6 mil (0.15 mm) polyvinyl chloride, 6 mil (0.15 mm) polyethylene. Add the following words: Attachment A Page 51 of 56 Foundation walls that are backfilled on both sides, such as those used in conjunction with a "slab on grade" do not require dampproofing or water proofing. R406.3.2 Below grade moisture barrier. Delete and substitute the following: Foundation walls located below grade shall be dampproofed with either 2-ply of 15 lb. hot-mopped felt or 1 ply of 30 lb. hot-mopped felt or other approved materials. R407.2 Steel column protection. Delete this section in its entirety. R408.5 Finished grade. Delete this section in its entirety. [R602.11.1 WALL ANCHORAGE. 1N SECOND SENTENCE, DELETE REFERENCE TO 1/4" AND REPLACE WITH 3/16".] R702.3.1 Materials. Add a sentence to last paragraph as follows: Water resistant gypsum board shall not be used on exterior walls. R702.3.6 Fastening. Add the following sentence at the end of the paragraph: Gypsum board applied in ceilings shall be attached with screws. Nails are not allowed. [R702.4.2 GYPSUM BACKER. ADD THE FOLLOWING SENTENCE AT THE END OF THE PARAGRAPH: GYPSUM BOARD OF ANY TYPE SHALL NOT BE USED ON EXTERIOR WALLS IN SHOWER AND BATH COMPORTMENTS UNDER CERAMIC TILE EXCEPT FOR MATERIALS SPECIFICALLY DESIGNED FOR THAT PURPOSE.] R802.3 Framing details. Amend subsection 802.3 by adding a paragraph as follows' Attachment A Page 52 of 56 Minimum depth from roof sheathing to wall plate at exterior walls to be 9 inches on dwelling units. R802.10.2 [wOoD TRUSSES] Design. [AMEND SUBSECTION 802.10.2 DESIGN BY ADDING A PARAGRAPH AS FOLLOWS'] Add the following sentence at the end of the paragraph: Minimum depth of truss at exterior wall plate to be 9 inches on dwelling units. R806.1 Ventilation required. Add the following sentence to end of paragraph: A non-ventilated roof system may be allowed as an alternate method when its design is approved by the Building Official. R905.2.2 Slope. Delete [SECTION R905.2.2] the paragraph and replace with the following: · Asphalt shingles shall only be used on roof slopes of three units vertical in 12 units horizontal or greater. Un- derlayment shall be in accordance with Section R905.2.7 and ice protection shall be in accordance with R905.2.7.1. R905.2.7 Underlayment application. Delete paragraph and replace with the following: For roof slopes from 3 vertical units in 12 horizontal units (3'12) up to 4 vertical units in 12 horizontal units (4' 12), underlayment shall be two layers of non-perforated Type 15 felt applied shingle fashion. Underlay- ment shall be installed starting with a 19-inch lap over ice protection.'Each subsequent sheet shall be lapped 19 inches horizontally, continuing to the ridge, fastened sufficiently to hold in place. For slopes 4 units vertical in 12 units horizontal (4' 12), or greater underlayment shall be one layer of Type 15 felt. Underlayment shall be installed starting with 4-inch lap over ice protection. Each subsequent layer shall be lapped 2 inches horizontally and 4 inches vertically to shed water continuing to the ridge, fastened suffi- ciently to hold in place. Ice protection will be in accordance with R905.2.7.1. R905.2.8 Flashing Add the following at the end of the paragraph' Flashing shall be not less than 4 inches by 4 inches in width. Attachment A Page 53 of 56 R905.9.1 Slope. Delete the words: "except for coal-tar built-up roofs, which shall have a design slope of a minimum one- eighth 'unit vertical in 12 units horizontal (1-percent slope)." R905.10.2 Slope. Add the following to the end of the paragraph' Install underlayment under all metal roof panels. Underlayment shall be one layer of Type 15 felt. Underlay- ment shall be installed, starting with 4-inch lap-over ice protection. Each subsequent layer shall be lapped 2 inches horizontally, and 4 inch vertically to shed water continuing to the ridge. Fasten sufficiently to hold in place. Ice protection shall be in accordance with R905.2.7.1." Chapters 11-41612_. Amend by deleting Chapters 11-41012 in its entirety and referring to applicable codes as adopted in KMC. (Ord. 2001-2003) 4.32.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Build- ing Official" by the International' Residential Code adopted by KMC 4.32.010, provided the powers, duties and functions may be performed by authorized representatives of the Building Official and under his supervi- sion and control. (Ord. 2001-2003) 4.32.030 Fee Schedule. Section R108.2 of the International Residential Code adopted by this chapter is amended to read: Add the following to the end of the paragraph: The fees for construction of Group R-3 and Group U-1 occupancies, or portions thereof, as follows: 1. Group R-3 2. GroUpU-1 $0.28 per square foot $0.14 per square foot Plan review fees shall be 50% of the building permit fee listed above. (Ord. 2001-2003) Chapter 4.33 INTERNATIONAL EXISTING BUILDING CODE Sections' 4.33.010 Adoption. 4.33.015 Local amendments to the International Existing Building Code. 4.33.020 Building Official. Attachment A Page 54 of 56 4.33.030 Fee Schedule. 4.33.010 Adoption There is hereby adopted for the purpose of establishing rules and regulations for the abatement ofdi..~ lapidated, defective buildings which endanger life, health, property_, and public safe _ty, that certain code known as the International Existing Building Code, 2003 Edition, of the International Code Council except for such portions as are hereinafter deleted, modified, or amended, and the same is hereby adopted and incor porated as fully as if set out verbatim herein. (Ords. 45,269, 395,542, 839, 1118, 1346, 1479, 1645-95, 1813 99, 2001-2003) 4.33.015 Local amendments to International Existing Building Code. The International Existing Building Code is adopted by reference with the following revisions: Delete references to International Plumbing Code and insert reference "Plumbing Code as adopted by KMC." Delete references to International Electrical Code and insert reference "Electrical Code as adopted by KMC." Delete references to International Energy Conservation Code. Section 103 Department of Building Safety. Delete entire section. Section 112 Board of Appeals. Delete entire section. Refer to "Chapter 4.40 of KMC." Section 906 Energy Conservation. Delete entire section. · 4.33.20 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Code Official" by the International Property Maintenance Code, adopted by KMC 4.33.010 prOvided the said pow. _ers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (Ords. 269, 395, 542, 2001-2003) 4.33.030 Fee Schedule.' Section 108.2 of the International Existing Building Code adopted by this chapter is amended to read' Attachment A Page 55 of 56 Add the following to the end of the paragraph: "under fee schedule established in KMC 4.32.030." Chapter 4.3 5 TRAILER PLACEMENT (Ords. 45, 97, 269, 395, Repealed Ord. 1078) Chapter 4.40 BOARD OF APPEALS Sections: 4.40.010 Constitution. 4.40.020 Penalty. 4.40.030 Conflicting provisions. 4.40.010 Constitution. The City Council shall sit as a Board of Appeals in order to provide for final interpretation of the provi- sions of this title and to hear appeals provided for hereunder. The Board may adopt reasonable rules and regu- lations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official. (Ords. 269, 395,2001-2003) 4.40.020 Penalty. Any person, firm, or corporation violating any of the provisions of Title 4 shall be guilty of a violation, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted; and upon conviction of any such violation, such person shall be subject to punishment as provided for violations in KMC 13.05.010. (Ords. 269, 395, 1240, 1645-95, 2001-2003) 4.40.030 Conflicting provisions. If any provisions of the Codes hereby adopted by reference conflict with any other provisions not so adopted contained in this title, then those provisions not so adopted by reference will prevail. (Ords. 269, 395, 2001-2003). Attachment A Page 56 of 56 Suggested by: Fire De;. CITY OF KENAI ORDINANCE NO. 2090-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 8.05 TO ADOPT THE 2003 INTERNATIONAL FIRE CODE, FIRST PRINTING. WHEREAS, the City of Kenai is responsible for protecting the life and property of our citizens by adopting and enforcing local and state fire codes; and, WHEREAS, the City of Kenai as a deferred jurisdiction from the State of Alaska, must adopt the minimum fire codes that the State of Alaska has adopted; and, WHEREAS, the City of Kenai is currently enforcing the 2000 International Fire Code, and is now adopting the 2003 International Fire Code with local amendments to protect the citizens of our community; and, WHEREAS, the City is now joining the State of Alaska and the other deferred cities throughout the State by adopting and enforcing the 2003 International Fire Code for protecting life and property by fire. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 8.05.030 is amended to read as presented on Attachment A of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk (3 / 28 / 05 sp) Introduced: Adopted: Effective: April 6, 2005 April 20, 2005 May 20, 2005 Chapter 8.05 FIRE PREVENTION STANDARD Sections: 8.05.10 8.05.20 8.05.030 Adoption of Fire Prevention Standards. Enforcement of Fire Prevention Standards. Local Amendments to the [2000] 2003 International Fire Code 8.05.010 Adoption of fire prevention standards (a) The City of Kenai hereby adopts the following fire prevention standards: (1) The International Fire Code, [2000] 2003 Edition, First Printing; and (2) The National Fire Codes of 15 volumes, 2004 Edition, of the National Fire Protection Association as referenced by Chapter 45 of the 2003 International Fire Code. (b) The above codes are available for inspection and use by the public in the Public Safety Building in an office designated by the Fire Chief. 8.05.20 Enforcement of fire prevention standards The Standards adopted' hereby shall be enforced by the agency designated as the Fire Department for the City. 8.05.30 Local Amendments to the [2000] 2003 International Fire Code 8.05.31 The amendments to the [2000] 2003 Edition of the International Fire Code are listed hereinafter by section. The [2000] 2003 International Fire Code and its Appendices B-G shall be adopted as amended below. 109.3 Violation penalties Amend by deleting this section and adding a new paragraph. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, shall be guilty of a violation and punishable of a fine. See section 8.15.110 and section 13.05.010 of the Kenai Municipal Code for penalties and remedies associated with violating provisions of the Fire Prevention Code. 111.4 Failure to comply Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $500.00 dollars. Each and every day shall constitute a separate violation. Ordinance No. 2090-2005 Attachment A Page I of ll 201.3 General Amend paragraph by changing International Plumbing Code to Uniform Plumbing Code. 202 General definitions Add the following definition for ANFIRS: ANFIRS is the Alaska National Fire Incident Reporting System. Amend paragraph for Educational Group E, Day Care to read as follows' The use of a building or structure, or portion thereof, for education, supervision or personal care services for more than five children older than 2-1/2 years of age, including children related to the staff, shall be classified as an E Occupancy. Add exception to read as follows: Exception: Family childcare homes (R-3) operating between the hours of 6:00 a.m. and 10'00 p.m. may accommodate a total of twelve children of any age without conforming to the requirements of an E occupancy except for smoke detectors as specified in subsection 907.2.10, means of egress requirements of section 1003, including emergency escape and rescue openings (as required by section 1009) in napping or sleeping rooms, and fire extinguisher requirements as outlined in section 906. [AMEND THE LAST SENTENCE FOR INSTITUTIONAL GROUP I, GROUP I-2 TO READ AS FOLLOWS' A FACILITY SUCH AS THE ABOVE WITH FIVE OR FEWER PERSONS, INCLUDING PERSONS RELATED TO THE STAFF, SHALL BE CLASSIFIED AS GROUP R-3. AMEND PARAG~PH FOR INSTITUTIONAL GROUP I, GROUP I-2, CHILD CARE FACILITY TO READ AS FOLLOWS- A CHILDCARE FACILITY THAT PROVIDES CARE ON A 24-HOUR BASIS TO MORE THAN FIVE CHILDREN 2-1/2 YEARS OF AGE OR LESS, INCLUDING CHILDREN RELATED TO THE STAFF.] Add the following definition for Service' Service is the annual test, maintenance, or service defined and required by applicable fire equipment standards set forth in table 901.6.1. · . Ordinance No. 2090-2005 Attachment A Page 2 of 11 401.3.4 False Alarm Charges Amend by adding a new subsection 401.3.4 Except as otherwise provided herein, the owner of a building containing a fire protection [SYSTEM], fire alarm, or other types of emergency notification systems, shall pay a charge in accordance with this section for each and every false alarm to which the fire department responds. Exceptions' 1. No charge for the first two false alarms within a calendar year. 2. Each false alarm in excess of two during a calendar year will be charged a response fee of $200.00 The City shall bill the owner for false alarms at the end of every six months. All false alarm charges shall be deposited into the cities general fund. As used by the section, "false alarm" means an alarm signal generated by a privately owned fire or emergency alarm system reporting an alarm for which no fire or emergency actually exists; it includes system malfunctions, faulty operation of detectors, and false alarms not classified above. It does not include those incidents where the detector or system operated as designed such as but not limited to, a smoke detector sounding from someone smoking under the detector or a manual pull station being pulled. 405.10 False alarms Amend by adding a new subsection 405.10 to read as follows: False alarms may not count as a fire drill for the purpose of this section. 408.3.5 False alarms Amend by adding a new subsection 408.3.5 to read as follows: False alarms may not count as a fire drill for the purpose of this section. 508.2 Type of Water Supply Amend by adding a new subsection 508.2 to read as follows: Ordinance No. 2090-2005 Attachment A Page 3 of 11 Exception: In areas not served by a water utility, the requirements for water systems as outlined in Sections 508 need not be met, provided all structures other than R-3 and U occupancies are at least type A construction, or are provided with a fire extinguishing system designed in accordance with Section 903.3.1.1 of this code. 508.3 Fire Flow Amend by deleting the existing paragraph and replace with the following paragraph: Water supplies for fire flow requirements for buildings or portions of buildings and facilities shall ,be calculated using the provisions of Appendix Chapter B and Table B105.1. 508.5.4 Obstructions [AMEND BY ADDING A THIRD SENTENCE AT THE END OF THE PARAGRAPH TO READ AS FOLLOWS' NO VEHICLE SHALL BE PARKED WITHIN 15 FEET FROM THE FRONT AND 10 FEET FROM THE SIDES OF A FIRE HYDRANT, FIRE DEPARTMENT CONNECTION OR FIRE PROTECTION CONTROL VALVE ON PRIVATE OR PUBLIC PROPERTY.] Amend by deleting the existing paragraph and replace with the following paragraph: Posts, fences, vehicles, growth, trash, snow, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department connections, or fire protection .system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. A 3-foot clear space shall be maintained around all fire hydrants, fire department connections, and fire protection control valves on private or public property. 901.4 Installation of fire protection systems Amend by adding an exception at the end of this section. Exception' Buildings temporarily closed due to seasonal operations may have their fire systems deactivated under the following conditions' 1. Building is unoccupied. 2. Building is properly secured. 3. All utilities are disconnected and drained. 4. The fire systems are certified as operational before the building is reoccupied. Ordinance No. 2090-2005 Attachment A Page 4 of 11 5. A 24-hour a day fire watch as defined in section 202 is provided during the interim between when utilities are reactivated and the fire systems are certified as operational. 6. The fire department must be notified of such closure. 7. A letter from the insurance carrier or, owner if self-insured, indicating knowledge of the closure is provided to the fire department. 901.4.5 Marking of Fire Protection Equipment Amend by adding a new section to read as follows: Fire Department connection devices for building sprinkler systems in new and existing buildings shall be identified by the installation of approved reflective markers or signs installed above the device in an unobstructed location at approximately 7 feet above grade. 901.5 Installation acceptance testing. Amend by adding a third sentence to the end of the paragraph' All results of such test must be forwarded to the Bureau of Fire Prevention within 30 days. 901.6 Inspection, testing and maintenance Amend by adding a second paragraph to read' Notwithstanding other code or standard requirements, fire protection systems and fire extinguishers must be inspected, tested, and serviced annually. Exception: 1. Standpipe systems must be inspected, tested, and serviced every five years. 2. After any use or activation. 3. Any time damage is found. 4. After repair or alteration. 5. When required by the chief. 6. After seasonal shutdown. 901.6.2.1 Reports Add a new subsection to read as follows' A copy of all service reports shall be sent to the Bureau of Fire Prevention within 30 days. Each system shall be tagged by the inspection agency, indicating the date of service and whether or not the system is in conformance with the associated standards. Ordinance No. 2090-2005 Attachment A Page 5 of 11 901.9 Sprinkler certification Add a new subsection to read as follows' Companies installing and/or performing maintenance on sprinkler systems shall have at least one individual certified to a minimum of NICET Level II in sprinkler systems as required under 13 AAC 50.035. 901.10 Damage protection Add a new subsection to read as follows: When exposed to probable vehicular damage due to proximity to alleys, driveways or parking areas, standpipes, post indicator valves and sprinkler system or standpipe system, connections shall be protected in an approved manner. 903.2.1.2 Group A-2 Change item #2 to read The fire area has an occupant load of 100 or more: or 903.2.2 Group E. Delete paragraph and substitute with the following' An automatic sprinkler system must be provided throughout all Group E occupancies. An automatic sprinkler system shall also be provided for every portion of educational buildings below the level of exit discharge. The use of fire walls does not establish a ~separate building for purposes of this section. Exceptions: 1. Buildings with E occupancies having an occupant load of 49 or less. 2. Day care uses not otherwise requiring an automatic sprinkler system by other provisions of the code. Day care uses that are licensed to care for more than 5 persons between the hours of 10 p.m. and 6 a.m. shall be equipped with an automatic sprinkler system designed and installed in accordance with section 903.3.1.3 or an approved equivalent system. This includes children related to the staff. 903.2.7 Group R[-ll Amend this section by adding [A THIRD] an exception: Ordinance No. 2090-2005 Attachment A Page 6 of 11 Bed and breakfast occupancies with five rented sleeping rooms or less do not require an automatic suppression system. [903.2.9 GROUP R-4. AMEND PARAG~PH BY DELETING THE WORDS "WITH MORE THAN EIGHT OCCUPANTS."] 903.2.7.1 Group R-1 Add new subsection to read as follows: An Automatic sprinkler system or a residential sprinkler system installed in accordance with section 903.3.1.2 must be provided throughout all buildings with a group R-1 fire area. Exception: Where guest rooms are not more than three stories above the lowest level of discharge and each guestroom has at least one door leading directly to an exterior exit access that leads directly to an approved exit. 903.2.7.2 Group R-2 Add new subsection to read as follows: An automatic sprinkler system or a residential sprinkler system installed in accordance with section 903.3.1.2 shall be provided throughout all buildings with a group R-2 fire area that are more than two stories in height, including basement, or have more than sixteen dwelling units or sleeping units. 903.2.7.3 Group R-4 Add new subsection to read as follows: An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 shall be provided throughout all buildings with a Group R-4 fire area. 903.3.1.1.1 Exempt Locations Amend by adding a new item to read as follows: o Elevator machine rooms may delete the sprinkler requirement within the machine room where such room is: (1) separated from the remainder of the building in accordance with the International Building Code Section 3006.4; (2) Ordinance No. 2090.2005 Attachment A Page 7 of 11 smoke detection is provided in accordance with NFPA 72 and, (3) notification of alarm activation is received at a constantly monitored location. 903.6.2 Alterations and additions to E occupancies Add new subsection to read as follows: An approved automatic fire extinguishing system must be installed in E Occupancies in accordance with section 903.2.2 whenever alterations or additions are made to an existing structure containing E Occupancy. 907.1.1 Construction Documents Amend by adding a new item to read as follows: 12. System riser diagram 907.2.3 Group E Amend this section by adding a second paragraph to read as follows: Rooms used for sleeping or napping purposes within a day care use of Group E Occupancies must be provided with smoke detectors that comply with section 907.2.10.1.2. 907.17 Acceptance Test Amend this section by adding a second paragraph to read as follows: A Kenai Code Official must witness the acceptance test, and a copy of the acceptance test certificate must be forwarded to the Bureau of Fire Prevention by the firm conducting the test within 30 days of the completion of the installation. 908.7 Carbon Monoxide Detectors , , ,, Add a new subsection to read as follows Carbon Monoxide detectors are required in all dwelling units and daycares that: 1. Have an attached garage or carport 2. Have a fueled appliance that produces by-products of combustion 3. Are adjacent to a parking area Carbon Monoxide detectors shall have an alarm and be installed and maintained according to manufacturer's instructions. Ordinance No. 2090-2005 Attachment A Page 8 of 11 The landlord shall provide smoke and carbon monoxide detection devices. responsibility of the tenant to maintain the devices. It is the [1003.3.1.9] 1008.1.9 Panic and Fire Exit Hardware Amend the following section [BY CHANGING THE NUMBER "100" IN THE FOURTH PARAGRAPH TO "50"] to read as follows' "an occupant load of 100 or more" in the second fUll paragraph to "an occupant load of 50 or more." [1003.3] 1009.1 Stairways Add the following exception: 5. Stairs or ladders used only to attend equipment are exempt from the requirements of this section. [1005.2.1] 1018.1 Minimum number of exits Amend the following section by adding an exception to read: Basements or the first level below the first story in all occupancies except R-3, used exclusively for the service of the building may have access to only one exit. Any other use of the or first level below the first story must have at least two exits arranged IAW Section 1004.2.2 For the purposes of this exception, storage rooms, laundry rooms, maintenance offices and similar uses may not be considered as providing service to the building. |1009.11 1025 Emergency escape and rescue Amend by deleting [ALL] exceptions 1, 2, 3, 4 and 7. 1101.1 Scope. Aviation Facilities Amend by adding to the end of this section' and N.F.P.A. 409, [2001 ] 2004 edition. 1103.5 Dispensing of flammable and combustible liquids Amend the last sentence to read' Ordinance No. 2090-2005 Attachment A Page 9 of 11 Aircraft motor vehicle fuel-dispensing stations shall be in accordance with chapter 22, and N.F.P.A. 407, 2001 edition. 1106.1 Aircraft motor vehicle fuel-dispensing stations Amend by adding to the end of this section' and N.F.P.A 407, 2001 edition. 1106.3 Construction of aircraft-fueling vehicles and accessories Amend by adding an exception at the end of this section. Exception: A vehicle or trailer tank with a capacity of 250 gallons or less may be used for non-commercial refueling of private non-commercial aircraft if the following requirements are met: 1. The tank is placarded with no smoking signs, type of fuel contained in the tank and the tank capacity; 2. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purposes; and 3. Electrical bonding is provided as required under section 1106.3.7. 2206.2.3 above ground tanks located outside, above grade Amend by adding an item [FOUR (4)] five (5) at the end of this section. [4.] 5. Approved above ground atmospheric tanks may be used without a special enclosure or fire rating if the following criteria are met: ao Tanks must be located as required for "other tanks" by table 2206.2.3; and, Tanks must be enclosed by a six-foot high industrial type chain link fence with a minimum of two access gates located at opposite sides of the enclosure. Each gate must be at least at least 36 inches wide. There must be a minimum working distance of five feet between the tank and the fence. 2206.7.7.1 Leak detection Amend by adding an exception to read' Exception' A leak detection device is not required if the underground piping is an extra- heavy steel wall with all welded joints, dielectric coating, and cathodic protection. Ordinance No. 2090-2005 Attachment A Page 10 of 11 [2210.2.3] 2211.2.3 Drainage and disposal of liquids and oil-soaked waste Amend by adding a sentence to the end of the first paragraph: Where oil separators or traps are provided, they may not drain to septic systems. Chapter 45 of the I.F.C is revised by changing the referenced standards from the publication date listed to the latest published edition as follows' [N.F.P.A. 12-2000 CARBON DIOXIDE EXTINGUISHING SYSTEMS N.F.P.A. 12A- 1997 HALON 1301 FIRE EXTINGUISHING SYSTEMS N.F.P.A. 13-1999 INSTALLATION OF SPRINKLER SYSTEMS N.F.P.A. 13D-1999 INSTALLATION OF SPRINKLER SYSTEMS 1N ONE- AND TWO FAMILY DWELLINGS N.F.P.A. 13R-1999 INSTALLATION OF SPRINKLERS SYSTEMS IN RESIDENTIAL OCCUPANCIES UP TO AND INCLUDING FOUR STORIES IN HEIGHT N.F.P.A. 14-2000 STANDPIPE AND HOSE SYSTEMS N.F.P.A. 20-1999 INSTALLATION OF CENTRIFUGAL PUMPS N.F.P.A. 72-1999 NATIONAL FIRE ALARM CODE N.F.P.A. 750-2000 STANDARD ON WATER MIST FIRE PROTECTION SYSTEMS N.F.P.A. 2001-2000 CLEAN AGENT FIRE EXTINGUISHING SYSTEMS] National Fire Protection Association NFPA 10-2002, 11-2002, 11 A- 1999, 12-2000, 12A-2004, 13-2002, 13D-2002, 13E- 2000, 13R-2002, 14-2003, 15-2001, 16-2003, 17-2002, 17A-2002, 20-2003, 22-2003, 24-2002, 25-2002, 30-2003, 30A-2003, 30B-2002, 31-2001, 32-2004, 33-2003, 34- 2003, 35-1999, 40-2001, 50-2004, 50A-1999, 50B-1999, 51-2002, 5lA- 2001, 51B- 2003, 52-2002, 57-2002, 58-2004, 59-2004, 59A-2001, 61-2002, 69-2002, 70-2005, 72- 2002, 80-1999, 85-2004, 86-2003, 96-2004, 99-2002, 101-2003, 110-2002, 111-2001~ 160-2001, 211-2003, 221-2004, 230-2003, 232-2000, 241-2004, 252-2003, 260-2003, 261-2003, 265-2002, 286-2000, 291-2002, 385-2000, 407.-2001, 409-2004, 410-2004, '415-2002, 430-2004, 490-2002, 495-2001, 498,2001, 505-2002, 655-2001, 694-2002, 701-2004, 703-2000, 704-2001, 720-2003, 750-2003, 1122-2002, 1123-2000, 1124- 2003, 1125-2001, 1126-2001, 1127-2002, 2001-2004, [APPENDIX B, SECTION 103.3. AMEND THIS SECTION BY DELETING THE REFERENCE "N.F.P.A. 1231" AND REPLACING IT WITH THE REFERENCE "N.F.P.A. 1142."] Ordinance No. 2090-2005 Attachment-A Pagell ofll Suggested by: Adm CITY OF KENAI ORDINANCE NO. 2091-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.55.030(b)(2) TO ADD QUALIFICATION PAY OF $300 FOR FIRE FIGHTERS WHO QUALIFY AS FIRE APPARATUS OPERATORS. WHEREAS, under the Kenai personnel rules, Fire Engineers (at range 15) are required to have higher skills and qualifications than Fire Fighters (at range 13); and, WHEREAS, those higher qualifications include the requirement to operate fire apparatus such as tankers, ladder trucks, engines and airport crash vehicles; and, WHEREAS, it is beneficial to the Kenai Fire Department to have Fire Fighters be able to operate the same fire apparatus as Fire Engineers because it allows them to be used in a similar capacity as higher paid Fire Engineers; and, WHEREAS, granting Fire Fighters an incentive of $300 annually will encourage them to become qualified to operate such fire apparatus. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.55.030{b){2) is amended to read as follows: 23.55.030 qualification pay. (2) Fire Department. (i) Recognition entitlements for an associate degree in fire science is four hundred eighty dollars ($480.00) per year. Eligible grades are fire fighter, engineer, and captain. (ii) Recognition entitlements for EMT certification for eligible grades of fire fighter, engineer, and captain are as follows' EMT I i Instructor [ EMT II i $ 250/year $ 500/year EMT III EMT- Paramedic $1,000/year (includes EMT pay) II $1,500/year (includes EMT II & III pay) (iii) Recognition entitlements for fire fighter $300/¥ear. The eligible grade is fire fighter. apparatus operator Ordinance No. 2091-2005 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: April 6, 2005 April 20, 2005 May 20, 2005 (3/29/05 sp) 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM To' From: Date' Subject' Mayor and City Council Larry Semmens, Acting City Manage, r -~ March 31, 2005 Airport Terminal Space 21 Lease Roger and Linda Petrey, dba Wing's Family Diner currently lease the restaurant and space 21 in the airport terminal. They are interested in terminating the lease of space 21 so that the City can rent that space to Dottie Fischer, dba Fischer and Associates, Inc. who intends to operate an air charter business. In return for terminating the portion of their agreement relating to space 21,. the Petrey's are agreeable to giving up their exclusive right to sell espresso bar drinks in the terminal, as long as it is only espresso bar drinks and provided they are guaranteed the right to continue to sell these items in the restaurant. Prior to execution of the lease amendments, the Petrey's will be current on the portion of the lease pertaining to space 21, and they are submitting a proposal to bring the restaurant portion of the lease current. I believe it is in the best interest of the City to agree to the Petrey's proposal. The City will be in the same position financially by leasing to the new vendor as long as the space is rented. If the new lease terminates, this proposal allows a wider range of future use than is currently possible. It has been the longstanding goal of the City to have a restaurant in the terminal for the convenience of the traveling public. This proposal facilitates the current restaurant operator's ability to provide that service, and it makes it possible for an additional vendor to sell espresso bar drinks in the terminal at some time in the future. AMENDMENT TO RESTAURANT CONCESSION AGREEMENT That Restaurant Concession Agreement between the CITY OF KENAI (Lessor), 210 Fidalgo Avenue, Kenai, Alaska 99611 and ROGER PETREY and LINDA PETREY (Concessionaires), P.O. Box 576, Kenai, Alaska 99611, recorded at Book 639 at Page 217 in the Kenai Recording District, Third Judicial District, State of Alaska, is hereby amended to reflect that the concessionaires hereby relinquish: 1. The right and option to lease Space 21 in the airport terminal; and 2. The exclusive fight to sell espresso bar drinks at the airport terminal. All other terms and conditions of above-named agreement to remain the same. ATED this~ day of April 2005. LESSOR: CITY OF KENAI LESSEE: By: Linda L. Snow City Manager By: By: Linda Petrey Roger Petrey Amendment to Restauram Concession Agreement Page 1 of 2 STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of April, 2005, LINDA PETREY, 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. Notary Public for My Commission Expires:_~_ STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this ~~_. day of April, 2005, ROGER PETREY, 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. Notary Public for My Commission Expires'~.__ STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of April, 2005, LINDA L. SNOW, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for My Commission Expires:~ Approved as to form: Cary R. Graves City Attorney Amendment to Restaurant Concession Agreement Page 2 of 2 nal Municipal Airport Memo To: From: Date: Subject: Larry Semmens- Acting City Manager Rebecca Cronkhite - Airport Manager ~ March 31, 2005 Request for Terminal Office Space Attached is a request from Dorothy A. Fischer, d/b/a Alaska's Best Travel to utilize space 21 (150 square feet) as an office for a charter reservation company in the Kenai Airport. There is no competing interest for this space. Also enclosed is a Special Use Permit for this purpose. Does Council wish to lease terminal office space to Dorothy A. Fischer? Attachments www.ci.kenai.ak, us. March 28, 2005 ALASKA'S BEST TRAVEL 305 North Willow SWeet, Suit~ 120 - Kenai, Alaska 99611 Phone (907) 283-7810- Fax (907) 283-8084- (800) 545-0844 Email ~ie@al~skasbesttravel.com It is my wish to lease space 21 on a month to month for a term of 6 months beginning April 30, 2005. I wish to operate a charter reservation company out of that location with charter planes between Kenai and Anchorage. Dottic Fischcr ~, ~ // // // // / / El KENAI MUNICIPAL AIRPORT AIRPORT TSA TERMINAL .~IODIFICATIONS March 29, 2005 Ms. Shirley M. Smith, Administrator U.S. Department of Labor, Employment and Training Administration Office of national Response 200 Constitution Avenue, N.W. Washington, D.C. 20210 RE: A GRIUM U. $. INC., KEIVAI NITOROGEN' OPERA TION~ TAA PETITION T-AW $6,668 This letter is written in support of the Agrium U.S. Inc., TAA Petition T-AW 56,668 for Trade Adjustment Assistance (TAA). Agrium U.S. Inc. operates a nitrogen facility in Nikiski, Alaska, however the plant is scheduled to be shut down effective November 1, 2005. We encourage the immediate approval TAA Petition T-AW 56,668 for the following reasons: · The closure of the plant will cause the loss of over 200 highly skilled, good paying plant jobs. · The closure will impact approximately 300 additional workers, including contractors and vendors. · Many of these workers reside in the City of Kenai. · Agrium U.S. Inc. appears to be increasing production at plants located outside the United States in their effort to seek more economical supplies of natural gas, a product necessary to produce nitrogen fertilizer. The United States is increasing imports of nitrogen fertilizers. · TAA benefits, i.e. Health Care Tax Credit benefit, job re-training, job search support, relocation, Trade Readjustment Allowances, and the Alternative Trade Adjustment Assistant Program will be vital to Agrium workers to assist them in a smooth transition into new employment. Again, we urge your approval of TAA Petition T-AW 56,668 for Trade Adjustment Assistance by Agrium U.S. Inc. CITY OF KENAI Pat Porter Mayor 1iAR-28-2005 MON 02:34 PM KPB MAYOR'S OFC 907 262 8616 P, 01 NAI I=I;NING~ULA BOROUGH 144 N. EilNKLEY · $OLDOTNA, ALASKA · 99669-?~99 t. BUSINESS (907) 262-4441 FAX [907)262-1892 VIA FAX (~02) 693-3149 DALE BAGLEY MAYOR March 28, 2005 Ms. Shirley M. Smith, Adminisnmor U.S. Department of L',tbor, Employment and Training Adm/nistration Office ofNatio~ R~~ 200 Constitution Ave., N.W. Washington, D.C. 202 I0 Agrium U.S. lac. Kznai Nitrogen Operations TAA Pet/t/on T-AW 56,668 Dear Ms. Smith: I am writing you today in support of'ho above referene~ potition by Agrium U.S. Inc., Which operates a nitrogen facili~ 'in Nikiski, Alaska on the Kenai Peninsula, 'for Trad~ Adjustment Assislance (TAA). The nitro~en plant is scheduled to shut down effe~ive November 1, 2005, causing; the loss of over 200 highly skilled, good payingjob~ Additionally, their contractors and vendors will also be impactex]. Ultimately, over 500 workers in the ~ Peninsula Borough could be nffecteA by ~ plant closure. I urge the immediate approval ofthe Trade Adjustment Assistanoe petition submitt~ by Agrium, which appea~ to be hcreasing produ~on at plants located outside the Unit~ States in ~eir e/fort lo seek more economical supplies of natural gas, ~ product necessary to pmdu~ nitrogen fertilizer. Please also consider that thc 'United States is in~reasing imports ofni~ fertilizers. It is my understanding thru these fit the criteria ~ to approve a Trade Adjustment Assi~ Petition. The ability for' Agrium's workers to have ac. tess to TAA benefits is viud. The Heal~ Care Tax Credit benefit, job re-training, job search ~ relocation, Trade ~justmcnt Allowances, and the Alternative Trade Adjustment Assistance prolFam will a~,si~ these workers in a smooth transition into .new employment. I urge your approval of this important petition for Trade Adjust:neat Assistance by Agrium U.S. Inc. on behalf of the hundreds of citizens of~c Kenai Peninsula Borough that will be affe~ by this closure. Respectfully, Dale L. Bagley, Mayor Kenai Peninsula Borough cc: /'Bill Popp, KPB Oil & Cras Liaison Lisa Parker, Agrium Corporate Rclations LISA MURKOWSKI ALASKA The Honorable Pat Porter Mayor City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mayor Porter: I regret that I was unable to attend the meeting with you on March 9, 2005 due to three different Senate Committee hearings OCCU.'Ting at the same' time. Nathan Bergerbest passed on your concerns pertaining to coastal erosion and your appropriations requests. I am sorry I missed the opportunity to meet with you during your trip and thank you for taking the time to travel to Washington, D.C. Sincerely, ~ Mur ow, United States Senator KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us March 28, 2005 Mayor Tom Potter and Council Members City of Portland 1221 SW 4th Avenue, Room 340 Portland, OR 97204 Dear Mayor Potter and Council Members, The Kenai City Council and I want to acknowledge the kindness and support shown by the Portland Police Bureau and the Port of Portland police toward Kenai Police Officer Aaron Tumage, his wife Stacey and their infant son Justus, during their stay at Emmanuel Childrens' Hospital. Words cannot fullY express our gratitude for the many ways in which the employees in these Portland departments have surrounded the Turnages with caring and support while they are so far from home and under such difficult circumstances. With warmest regards, CITY OF KENAI Pat Porter Mayor In the Supreme Court of the State of Alaska Kristine A. Schmidt, Appellant, Supreme Court No. S-I 1824 v. ) Order ) Carol L. Freas & City of Kenai, ) ) Appellees. ) Date of Order' 3/16/05 ) Trial Court Case # 3KN-03-00636CI On consideration of the Appellees' motion to dismiss appeal in part and motion to stay pending superior court's decision, filed on 2/16/05. and the motion to withdraw the motion for stay, filed on 3/7/05, IT IS ORDERED: · The motion to dismiss appeal in part is GRANTED. The appeal from the ruling on mootness is dismissed as untimely. 2. The motion for withdrawal of the motion for stay is GRANTED. Entered at the direction of an individual justice. Clerk of the Appellate Courts Deputy Clerk Distribution: ('ary R. Graves (-'ltv Attorney 210 Fidalgo Avenue Suite 200 Kenai AK 99611-7794 RECEIVED K ristine Schmidt 110 S Willow Street Suite 101 Kenai AK 99611 KFNAi i ~,"" ...... c..,,., A L DEPT. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us KENAI. ALASKA March 18, 2005 Representative Nancy A. Dahlstrom House of Representatives State Capitol Interdepartmental Mail Stop' 3100 Juneau, AK 99801 - 1182 RE' Comments on House Bill 184 Dear Representative Dahlstrom' I am writing you to express the City's concerns regarding part of HB 184. As you know, the bill would prohibit a municipality from enacting or enforcing an ordinance that regulates the possession, sale, transfer, use or transportation of firearms in a manner that is inconsistent with state law. Our concern is with the part of the bill prohibiting the city from regulating the use of firearms in a manner inconsistent with state law. Here's why. For public safety reasons, the City of Kenai prohibits the discharge of firearms in certain areas of the city and allows it in other areas. KMC 13.15.010. Shooting firearms is prohibited in areas around subdivisions and businesses and allowed in the sparsely populated areas. Our concern is that HB 184 could be interpreted to overrule the city's ban on discharge (i.e. use) of firearms in certain areas of the city. The Council feels that the city's ordinance is both reasonable and important for public safety in Kenai. The city requests that you consider changing the language in HB 184 or inserting language in the legislative history of the bill making it clear that it is not intended to keep cities from prohibiting discharge of firearms within their boundaries. Thank you in advance for your time in considering our concems with part of HB 184. Rep. Nancy Dahlstrom March 18, 2005 Page 2 of 2 Please feel free to contact us regarding this issue. Sincerely, CITY OF KENAI .//7"'/'"~ - .. ~::'.?'.'-?.',,"-'-- .... C,ary'l~. Graves City Attorney cc: Linda L. Snow, City Manager Kenai City Council 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.ci.kenai.ak, us TO: House Judiciary Committee FROM: Cf~ Cary 1L Graves, City Attorney 'DATE: March 24, 2005 RE: HB 184 Comments My name is Car5, R. Graves. I am the City Attorney for the City of Kenai. The Kenai City Council wanted me to express the City's concerns regarding part of HB 184. The bill would prohibit a municipality from enacting or enforcing aa ordinance that regulates the possession, sale, transfer, use or transportation of fir~ in a manner that is inconsistent with state law. Our concern is with the part of the bill prohibiting the city from regulating the use of firearms in a manner inconsistent with state law. For public safety reasons, the City of Kenai prohibits the discharge of fire~ in certain areas of the city and allows it in other areas. KMC 13.15.010. Shooting firearms is prohibited in areas around subdivisions and businesses and allowed in the sparsely populated areas. Our concern is that HB 184 could be interpreted to ovemfle the city's ban on discharge (i.e., use) of firearms in certaiu areas of the city. The City Council feels that the city's ordinance is both reasonable and important for public safety in Kenai. The ordinance determining the appropriate areas for discharging fire~s was adopted after both citizen and police input as to what was appropriate and safe within the City. The legislature should not ovemfle a local decision on where fiream~ can be safely discharged within the city limits of Kenai. The City requests that you consider chaaging the language in HB 184, making it clear that it is not intended to keep municipalities from regulating discharge of fiream~ within their boundaries, by deleting the word "use" from HB 184. Thank you in advance for your time in considering our concerns with part of HB 184. feel free to contact me regarding this issue. My email address is cgraves~ci.kenai.ak.us. Please INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL ii, 2005 o , . . . , o , , 3/29/05 Public Works Department, Project Status Report. 2005 Lease Renegotiations KPB Ordinance 2005-05, Enac5ing KPB Chapter 5.19, providing for a Transient Accommodations Tax and providing for the submission to the voters of a proposition authorizing the Borough to impose this tax. KPB Ordinance 2005-05, Substitute. 3 / 25 / 05 State Pipeline Coordinator's Office -- Public notice of Nikiski Alaska Pipeline Right-of-Way Lease {ADL 69354)/Analysis of amendment application and proposed decision. Technology for Alaskan Transportation article entitled, Evaluation of Storm Water Treatment on the Kenai Peninsula. Winter/2005 Kenai Watershed Forum Newsletter, Currents. 4 / 5 / 05 Kenai Peninsula Borough Assembly meeting agenda. 3/05 Kenai Municipal Airport Monthly Passenger Enplanement Activity. Project Status Repo A=Active NC=Non-Construction F=Future STIP=State Trans. Imp KK - Keith Kornelis JL - Jack La Shot RS - Robert Springer MK- Marilyn Kebschull Jet - Jan Taylor A/NC/F/ CityCentaet ProjootName A JL Airport Security Fencing Status Negotiated price reductions. Notice to proceed given for work in May-June. A JL Airport Security System Had final inspection. Training complete. a MK Airport Supplemental Planning Assessment Project awarded to DOWL. Joint Work sessions with consultants planned for 3~29, 4/14, 5/12. Phase I Draft distributed and comments due April 18. A JL Airport Taxiway "H" Access Parking May construct next summer as CO to Terminal project. Cat X submitted. A JL Airport Terminal Modifications Minor items to do. A JL Contaminated Soils - Shop Received ranking for loan fund - could be funded if City chooses to. Reappropriated $151,314. Preparing work plan. Holding tanks for floor drains installed. Will do further tests in spring. A JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. A JL FBO Subdivision Lots 5 & 6 Waiting for council decision to continue. A KK Kenai Boat Launch Improvements Received $350,000 grant. Nelson & Associates are working on the design and Corps permit. Tuesday, March 29, 2005 Page 1 of 3 A/NC / City Contact Project Name S tl!! A KK Kenai Coastal Trail The Corps study was scheduled to be completed months ago. When it is received, it will then be reviewed by all agencies. Hopefully, the City will get additional funds to complete design and answer any questions from the study and agencies including obtaining the Corps Permit. A JL Multi-Purpose Facility Organizing tasks for Arctic Winter Games Preparation. A JL Parallel Taxiway Bid documents available April 4. Bid date April 26. A JL Runway Extension Environmental Assessment Preparing request for CAT-X on Taxiway H Access and Parallel Taxiway projects. A KK S. Spruce Wetlands Protection Concrete piles were placed along S. Spruce. Trail from Municipal Park to beach completed but needs some repairs. Landing and rails at top of bluff stairs complete. Signs still need to be installed. Receiving additional funds from USFWS. A JL Senior Kitchen Design underway. A KK Title 17 Review and W & S Regulations Completed revisions to KMC Title 17 W&S Code & Regulations. Council reviewed changes in a Council work session. Ordinance introduced 3/16. Up for passage on April 6. A JL Underground Storage Tank- Airport Received "no further action required" from ADEC. Still need to do annual testing, soil remediation. A KK Wastewater Facility Master Plan This project has been completed. DEC approved GeoNorth's completion date. a KK Water Main WH4 to Swires Nelson working on design. City is working with DEC and Corps on permit. a KK WH 4 Working with DNR on land purchase issues. Evaluating the two pilot test programs on water treatment. Working with DEC on accepting exploration well as production well. Tuesday, March 29, 2005 Page 2 of 3 F KK Ames & Dunes Road Status Kenaitze Indian Tribe paving roads with curbs, gutters, and sidewalks. They are going to send City a maintenance agreement F KK Boating Facility Exit Road The City is working on possible land trade for an exit road. Received appraisal on the land the City wants. City is having our wetlands appraised for possible trade. F KK Culvert Repairs S. Spruce & Boat Launch Road Have applied for two matching grants from U.S. Fish & Wildlife Service. USFWS states that we will get the grants. F JL Maintenance Shop Preliminary plans and specifications complete. F KK McCollum & Aliak, Set Net Dr., S. Ames Rd., Thompson Park Subdivision LID's These LID projects are on a list for consideration by Council at a later date. Projects on hold until changes made or funding found. Received Thompson Park Subdivision Paving Petition. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles... Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. STIP KK DOT- Kenai River Flats Interpretive Site This is the rest stop and Birch Island Facility near the Warren Ames Bridge. This project has been moved out of the recent STIP time frame. Tuesday, March 29, 2005 Page 3 of 3 Introduced by: Glick Date: 02/01/05 Hearings: 03/01/05, 03/15/05, 03/28/05 (In Homer) & 04/05/05 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2005-05 AN ORD~~CE ENACTING K. PB CHAPTER 5.19, PROVIDING FOR A TRANSIENT ACCOMMODATIONS TAX AND PROVIDING FOR THE SUBMISSION TO THE VOTERS OF A PROPOSITION AUTHORIZING THE BOROUGH TO IMPOSE THIS TAX WttEREAS, due to the elimination of municipal revenue sharing, increased tax exemptions, significant increases in expenses including mandated retirement system contributions, insurance costs, and increased overall borough and school district expenses, the borough is considering a variety of measures to keep the borough unreserved general fund balance within the parameters established by Resolution. 2001-045; and WHEREAS, several people have suggested that the borough impose a transient accommodations tax, otherwise known as a bed tax, to increase tax revenue. derived from the many tourists who visit the Kenai Peninsula Borough; and WHEREAS, bed taxes are common throughout the State of Alaska and other states in the United States; and WHE~AS' as a bed tax is a form of a sales tax, voter approval is required before the bed tax may be imposed; NOW, THEREFORE, BE IT oRDAINED By THE ASSEMBLY OF T}IE KENAI PENINSULA BOROUGH: · SECTION 1. That KPB Chapter 5.19 is hereby enacted as follows: CHAPTER 5.19. TRANSIENT ACCOMMODATIONS TAX 5.19.010. Definitions. A. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.. .4'. "Finance director" means the Kenai Peninsula Borough fin~ce director or the director's designee. Kenai Peninsula Borough, Alaska New Text Underlined; [DELta'ED TEXT B~,CKETED] 57 Ordinance 2005-05 Page I of 8 2. "Guest" means a person who rents a hotel or motel room for a term of less than " 30 consecutive days. A person who rents a hotel or motel room for a term of 30 consecutive days or more, which room is used by that person's employees for periods of less than 30 consecutive days each on a rotating basis, is not a guest. 3. "Hotel room" or "motel room" means a structure or part of a structure rented, or offered for rent, for a term of less than 30 consecutive days for dwelling, lodging or sleeping purposes, but excludes a structure or part of a structure rented or offered for rent solely in connection with a principal business or institutional purpose other than providing meals, lodging, entertainment or recreation; for example, a hospital or university dormitory. 4. "Operator" means a person who offers hotel or motel rooms for rent and to whom rent for a hotel or motel room is payable, either directly or through an' agent or employee. 5. "Quarter" means any one of the four consecutive three-month periods in a calendar year, the frrst of which commences January 1. 6. "Rent" means: a. to rent a room or other accommodation means to obtain the right to use or occupy the room or other accommodation; and b. a monetary consideration paid to rent an accommodation. 5.19.020. Payment and collection of tax; exemption. ~ A. The borough levies a tax on all accommodations rent payable to an operator and not exempt from taxation under subsection (B) in the amount of 8 percent of the accommodations room rent. The guest shall pay the tax to the operator at the time the rem is paid. The operator shall collect the tax when the operator collects the rent. The operator shall state the tax is a separate item on the guest's bill. B. When qualified for exemption in accordance with subsection (C), the following rems are exempt from the tax levied by subsection (A)' 1' rent paid directly by the United States or state of Alaska insofar as they are immune from taxation; 2. rem paid by or on behalf of a guest who is an officer or employee of a foreign government who is exempt from taxation bY law or treaty; and 3. rent payable'to an operator that is exempt from collecting the tax under this chapter. · C. Rent qualifies for exemption under paragraph (B)(3) above if the operator collecting the rent has established its exemption from collecting the tax pursuant to KPB ' 5.19.025. 5.19.025. Operators exempt from collecting tax.. A. When qualified for exemption in accordance with this section, an Operator exempt from federal income taxation under 26 USC Sec. 501(c)(3), whose income from Ordinance 2005-05 Page 2 of 8 New Text Underlined; [DE~D TEXT BP~CKETED] Kcnai Peninsula Borough, Alaska 58 accommodations rents is not unrelated business taxable income under 26 USC Sec. 512, is exempt from collecting the tax levied under KPB 5.19.020. B. An operator qualifies for exemption under subsection (A) by registering as an operator under KPB 5.19.030, and presenting evidence satisfactory to the finance director that the United States Internal Revenue Service has determined that the operator is exempt from federal income taxation under 26 USC Sec. 501(c)(3) and its income from accommodations rents is not unrelated business taxable income under 26 USC Sec. 512. 5.19.030. Operator's certificate of registration. A. No person may engage in business as an operator without obtaining a certificate of registration under this section. An operator' shall display its certificate of registration prominemly at its registered place of business. B. Application for a certificate of registration shall be made to the finance director. If an operator engages in business as an operator at more than one location, the operator shall obtain a certificate of registration for each location. There shall be no charge for issuing a certificate of registration. C. A certificate of registration shall bear the name of the operator, the address of the registered place of business, the operator's form of business organization, and state whether the operator is exempt from collecting the tax under KPB 5.19.025. · D. If an operator ceases to engage in business as an operator, ceases to engage in business at its registered place of business, changes its name, changes its form of business organization, or ceases to be exempt from collecting the tax under KPB 5.19.025, its certificate of registration expires. An operator shall surrender an expired certificate of registration to the finance director for cancellation. 5.19.040. Receipts; segregation. Title to the rental taxes collected pursuant to this chapter shall vest in the borough upon collection. The taxes shall be segregated by the operator from the funds of the operator or the business entity subject to the tax and safeguarded until transmitted to the borough as provided under KPB 5.19.050. A separate account shall be maintained for all taxes collected. 5.19.050. Returns; payments; penalties. A. On or before 30 days after the end of each quarter, each operator not exempt under KPB 5.19.025 shall prepare and submit to the finance department a remm for the preceding quarter upon forms fumshed by the finance department. In addition, the operator shall submit other information and supporting papers required by regulations issued by the finance director. The operator shall sign the remm and transmit it together with the taxes collected to the finance department on or before the due date. A remm shall be filed even if none of the reported rents were taxable. The return shall set forth the mount received for: 1. rents collected for transient accommodations within the borough; 2. the amount of non-taxable rents collected; · · Kenai Peninsula Borough, Alaska New Text Underlined; [DeL~'-re~) T-r..XT B~CKJ~-~-eD] Ordinance 2005-0~ Page 3 of 8 5O 3. the amount of taxable rems collected; 4. the taxes collected. B. Taxes collected by an operator, as provided by this chapter, shall be due 30 days after the end of each quarter. If taxes collected by an operator have not been received by the finance department on or before the due date, the operator shall incur a penalty equal to 8 percent of the taxes which are due and shall be charged interest at the rate of 8 percent per annum for each day the tax is delinquent. C. An operator that has qualified for exemption under KPB 5.19.025 shall report to the finance director in writing any final determination by the United States Internal Revenue Service affecting the operator's exemption qualification within 30 days of receiving notice of the determination from the Internal Revenue Service. 5.19.055. Involuntary filing, appeal. A. Involuntary return. When an operator fails to file a remm under KPB 5.19.050, or when the finance director finds that a remm filed by an operator is not supported by the records maintained pursuant to KPB 5.19.070, the finance director may prepare and file a return on behalf of the operator. Taxes estimated on a return filed on behalf of an operator under this subsection may be premised upon any information that is available to the finance director including, among other things, comparative data for similar businesses. An operator for whom an involuntary remm is filed under this subsection shall be liable for the taxes stated on the return, as well as the penalties and interest provided in KPB 5.19.05003) and pursuant to KPB 5.19.100. B. Assessment notice. The finance director shall provide each operator by certified mail, remm receipt requested, or personal service, a notice of assessment which includes the tOtal amount of tax, penalties, and interest due. The notice shall inform the operator ' that the operator has ten calendar days from the date of the notice to contest the amount- of the assessment and request a heating in writing. The hearing request shall be made on a form provided by the finance department. C. Hearing. If the heating provided for by KPB 5.19.05503) is requested by the operator, the finance director shall notify the operator at least 15 calendar days in advance, by certified mail, return receipt requested, of the date, time and place of the hearing. The operator shall make available for inspection and copying at the hearing all the operator's books and records, which the operator relies on in contesting .the assessment and the same shall become part of the record. The finance director shall disclose to the operator all the documents or other evidence which the director relied upon in making the tax assessment, and the same shall become part of the record. Hearings for more than one accommodation or filing period may be consolidated for the same operation. D.. Determination. Within ten calendar days of the hearing the finance director shall issue a written decision with findings of fact, setting forth the total mount of tax liability' penalty, and interest. The notice of finance director's final decision shall also advise the operator of the operator's fight to appeal the decision to the superior court' within 30 calendar days. Ordinance '~005-05 New Text Underlined; [DELETED TEXT BRACKETED] Page 4 of 8 Kenai Peninsula Borough, Alaska 6O E. Appeal. An appeal may be filed pursuant to Part 6 of the Alaska Rules of Appellate Procedure. If the mount of the tax, interest, and penalty is upheld by the court on appeal, the court shall issue a judgment for the amount, plus costs and attorney fees. F. Collection. If the operator does not pay the tax in full or appeal the assessment, the borough may proceed with a personal action as provided by KPB 5.19.080 and lien as provided by KPB 5.19.085. 5.19.060. Records; confidentiality. A. All returns filed with the borough pursuant to this chapter and all financial data obtained from the returns are confidential and may not be released for inspection by any person except the mayor, finance director, borough attorney, internal or external auditor or the assembly; provided, however, that the data may be released upon court order. B. Except as provided in this section, no person may divulge to another any information obtained from a remm filed with the borough or from data obtained from a remm unless the person receiving the information is a person authorized to review the · return under the terms of this chapter. C. It is the duty of the finance director to safely keep returns and all financial data taken from the returns secure from public and private inspection, except as provided by this chapter. D. This section does not prohibit the borough from compiling and publishing statistical evidence concerning the data submitted, provided no identification of particular returns or reports is made, nor does it prohibit the borough from releasing the business names, owners, mailing address and filing stares to the public. "Filing stares" means' whether the taxpayer is exempt, non-exempt, delinquent, or current in payment of the tax. Nothing in this section shall be deemed to prohibit an internal auditor from examining returns, provided that no information obtained from specific or identifiable returns shall be made available to persons other than those authorized to review returns under' subsection (A). 5.19.070. Records; maintenance and inspection. A. An operator not exempt 'under KPB 5.19.025 shall maintain the following records for the two previous calendar years' 1. all guest registers and accounting records reflecting the renting .of accommodations for which the operator received rents, and the receipt of rents for the accommodations; and 2. evidence which supports the operator's decision to not collect the tax required by KPB Chapter 5.19. B. During normal business hours, the finance director may, upon presentation of proper identification, inspect the records which an operator is required to maintai~ under subsection (A), or inspect the records of a person whom the finance director has probable cause to believe is an operator not exempt under K.PB 5.19.025 to determine whether that person is an operator not exempt under KPB 5.19.025. Kenai Peninsula Borough, Alaska New Text Underlined,; [DELETED TEXT BRACKETED] Ordinance 2005-05 Page 5 of 8 C. Where the constitution of the United States or of the state of Alaska requires, the finance director shall obtain an administrative search warrant authorizing an inspection and exhibit the warrant to the person in charge of the premises before conducting the inspection. The finance director shall apply to the trial courts of the state to obtain an inspection warrant, stating in the application the name and address of the premises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection, and the facts and circumstances justifying the inspection. Warrants issued under this section shall be returned within ten days. 5.19.080. Suits for collection. Taxes due but not paid, or taxes collected but not transmitted, may be recovered in an action at law against the transient guest or the accommodations operator. Tax returns shall be prima facie proof of taxes collected but not transmitted. 5.19.085. Transient accommodations tax liens. A. The finance director may cause the recording of a notice of lien on real and personal property to secure the payment of a transient accommodations tax, and the interest, penalties, and administration costs in the event of delinquency, where the operator has: 1. failed within 60 calendar days of the end of the filing period from which taxes were due to remit all amounts due; or 2. failed to file tax returns for two consecutive filing periods as required by the chapter and has failed to request a hearing or has requested a hearing, after which a final order has been issued setting forth the amount of tax, penalty, and interest owing. If the finance director determines taxes, interest, and penalties are due after a hearing, the lien may be filed even though the operator takes further appeal, unless the operator obtains a judicial stay. B. Prior to filing a lien, the finance director shall cause an additional written notice of intent to file to be mailed to the last known address of the delinquent operator. C. When recorded, the transient accommodations tax lien has priority over all other liens, except: 1. liens for property taxes, other sales taxes, and special assessments; 2. liens that were perfected before the recording of the transient accommodations tax lien for amounts actually advanced before the recording of the transient accommodations tax lien; 3. mechanics' and materialmen's liens for which claims of lien under AS 34.35.070 or notices of fight to lien under AS 34.35.064 have been recorded. before the recording of the transiem accommodations tax lien. 5.19.090. Prohibited acts. A. A person may not fail or refuse to pay the tax imposed by th/s chapter when it is due and payable to an'operator authorized to collect the tax. Ordinance 2005-05 Page 6 of 8. New Text Underlined; [DI~ETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska B. An operator may not advertise or state to the public or to any guest, or render directly or indirectly that the tax, or any part of it, shall be assumed or absorbed by the operator, or that the tax shall not be added to the rental or that it shall be refunded. An operator may not absorb or fail to add the tax or any part of it, or refund any tax or fail to · state the tax separately to the guest. 5.19.100. Penalties for violations. An operator who fails to file a tax return as required by this chapter shall incur a civil penalty equal to 10 percent of the taxes due to the municipality for each quarter for which a remm was not filed as required by this chapter. An operator who willfully fails to collect the tax levied by this chapter shall incur a civil penalty of double the tax which should have been collected. A person who violates any of the provisions of this chapter is guilty of a misdemeanor. Civil and criminal penalties shall be considered cumulative remedies and shall not relieve an operator or guest of the duties imposed under this chapter. 5.19.110. Regulations. The mayor may adopt regulations providing for the application and interpretation of this chapter and providing methods and forms for reporting and collecting the taxes imposed by this chapter. 5.19.120. Refunds. A. The finance department shall refund to an operator the amount of taxation paid to the finance department for room rentals not subject to taxation under KPB 5.19.020. B' The operator shall apply for a tax refund in writing on a form provided by the finance department not later than two years from the date the tax is transmitted to the finance department. SECTION 2. That a ballot proposition shall be placed before borough voters at the next regular election to read as follows' PROPOSITION No. Shall Ordinance ~2005-05, providing for the 'imposition of an 8 percent transient accommodations tax, be ratified? Yes CI NO SECTION 3. That Section 2 shall become effective immediately upon the enactment of this ordinance. sECTION 4. That Section 1 of this ordinance shall become effective January 1, 2006, only if the proposition contained in Section 2 is approved by a majority of voters voting in the regular election of October 4, 2005. Kcnai Peninsula Borough, Alaska New Text Underlined; [DELETED TF. XT BRACI~-~-~-O] Ordinance 2'005-05 Page 7 of 8 63 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. ATTEST: Gary Superman, Assembly President Linda S. Murphy, Borough Clerk Ordinance 2005-05 Page 8 of 8 New Text Underlined; [DLZrED ~ BKACKETED] Kenai Peninsula Borough, Alaska ' KENAI PENINSULA B. OROUGH ' i . ~,. '--'~ ~. 144 N. BINKLEY · SOLDOTNA, ALASKA 99669-7599 ~ ,,,.,.~...,.,.,~~ ' "- MEMORANDUM TO: Gary Superman, Assembly President Members, Kenai Peninsula Borough Assembly FROM: Betty Glick, Assembly Member DATE: January 20, 2005 SUBJECT: Ordinance 2005-~ 5" , providing for a transient accommodations tax DALE BAGLEY MAYOR In view of the pending budgetary issues facing the Kenai Peninsula Borough and thc ongoing quest for solutions, I am submitting this ordinance for discussion purposes, and for consideration by the assembly as one potential option for increasing revenues. If enacted, this ordinance would authorize a "transient accommodations tax," otherwise known as a "bed tax," of · 8 percent on hotel or motel rooms rented for less than 30 consecutive days. My research has shown that numerous municipalities throughout Alaska already impose a bed tax. This ordinance is based on the transient accommodations tax provisions in the Matansuka-Susima Borough code. Alaska Statute 29.45.670 requires a new sales tax or an increase in the rate of levy of a Sales tax to be ratified by the voters before it may take effect. A bed tax is considered a sales tax based upon case law and therefore must be approved by the voters. The ordinance includes a provision requiting that it be placed on the ballot at the next regular election of October 4, 2005. I have asked the legal department to investigate whether a portion of the revenue raised by such a tax can be transferred to the cities in an amount equal.to what the cities would have received had they imposed a bed tax, or whether the cities must impose their own bed tax to receive such funds. It is my intent that, if legally permissible and agreeable by the cities, the ordinance be amended before adoption to provide for a transfer back to the cities of some of the bed tax revenues raised in each city. The intended purpose of this amendment would be to make the bed tax rate the same throu~out the borough, both inside and outside of the cities. Also, the legal department is investigating whether there are statutory limitations on a second-class borough's ability to .impose the bed tax in addition to the current sales tax. Further, implementation of this tax will creme some practical issues for both the borough and affected sellers that will need to be addressed. ' In order to allow time for full consideration and discussion during the budgetary process, I decided to introduce the ordinance during the February 1, 2005 meeting, and respectfully request that it be scheduled for at least three heatings. While I recognize that it could not take effect until after the election, in my opinion it provides an option that should be considered now for future purposes. Your consideration' of this ordinance is appreciated. 03/18/2805 15:i2 90726090EI2 PAC.~ Roy Wh~d PO Box 4032 Soldotna, AK 99669 Kenai Peninsula Bormjgh Assembly 144 North Binkley Soldotna, AK 99669 Subject: Transient Accommodations Tax On behalf of the silent majority, I would like to sut~it our approval of the propOsed bed tax. For a large portion of the Borough population, tourism means crowded parking lots, cortgest~ highways, overflowing campgrounds and summer rate hikes. The exploding influx of tourists are conb'ibuting to our deteriorating roads, streets, sewer, water and quality of life. A bed tax will go along way to help offset the tax 'burden on the local residents. Sincerely, Roy Whttford 66. KENAI PENINSULA 144 N. BINKLEY' SOLDOTNA, ALASKA · 99669-7599 ~'~ BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR MEMORANDUM. TO' FROM: DATE: SUBJECT: Gary Superman, Assembly President Members, Kenai Peninsula Borough Assembly Betty Glick, Assembly Member ~ f-~2.~ March 24, 2005 Ordinance 2005-05 (substitute), transient accommodations tax As previously indicated, it has been my intent to introduce a substitute ordinance that would bring the proposed transient accommodations tax in line with the existing sales tax administrative provisions. The majority of changes contained in this substitute were recommended by the finance department to accomplish that consistency. The finance department did a yeoman's job in preparing these changes. In summary, the changes mirror provisions in the existing sales tax code regarding applicable exemptions, refunds, registration requirements, returns to be filed, required record keeping, protest procedures and enforcement procedures. Additionally, the fees charged are consistent with those charged for sales tax collection. I have also inserted whereas clauses to better explain the intent supporting this ordinance and added section 5. I9.110 which specifically authorizes the borough to enter into cooperative agreements with cities in the borough to promote tourism using funds generated by this tax. Any such agreements must first be approved by the assembly and are subject to applicable legal limitations. Your consideration and support of this ordinance would be appreciated. 85 Introduced by: Date: Hearing: Action: Action: Vote: Glick 02/01/05 03/01/05, 03/15/05, 03/28/05 (in Homer) & 04/05/05 Postponed until 03/15/05 Postponed until 04/05/05 I~NAI PENINSULA BOROUGH ORDINANCE 2005-05 (GLICK) SUBSTITUTE AN ORDINANCE ENACTING KPB CHAPTER 5.19, PROVIDING FOR A TRANSIENT ACCOMMODATIONS TAX AND PROVIDING FOR THE SUBMISSION TO THE VOTERS OF A PROPOSITION AUTHORIZING THE BOROUGH TO IMPOSE THIS TAX WHEREAS, due to the elimination of municipal revenue sharing, increased tax exemptions, significant increases in expenses including mandated retirement system contributions, insurance costs, and increased overall borough and school district expenses, the borough is considering a variety of measures to keep the borough unrese~ed general fund balance within the parameters established by Resolution 2001-045; and WHEREAS, tourism is a sustainable renewable resource; and WHEREAS, the Kenai Peninsula borough has funded the Kenai Peninsula Tourism and Marketing Council for the last fifteen years; and WHEREAS, the continued marketing of the Kenai Peninsula as a tourist destination requires a stable source of funding; and WHEREAS, several people have suggested that the borough impose a transient acc°mmodations tax, otherwise known as a bed tax, to increase tax revenue derived from the many tourists who visit the Kenai Peninsula Borough; and WHEREAS, bed taxes are common throughout the State of Alaska and other states in the United States; and WHEREAS, as a bed tax is a form of a sales tax, voter approval is required before the bed tax may be imposed; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY' OF TI'IE KENAI PENINSULA BOROUGH: SECTION 1. That KPB Chapter 5.19 is hereby enacted as follows' Kenai Peninsula Borough, Alaska New Text Underlined; [D~ IY. xr BRACKETED] Ordinance 2005-05 (Sub~ Page 1 of 18 Code Section 5.19.100 5.19.110 5.19.120 5.19.130 5.19.140 5.19.150 5.19.200 5.19.210 5.19.220 5.19.230 5.19.240 5.19.250 5.19.260 5.19.300 5.19.310 5.19.320 5.19.330 5.19.400 5.19.410 5.19.420 5.19.430 5.19.500 5.19.510 5. 97s20 5.19.530 Chapter 5.19. Transient Accommodations Tax. Title General--Levied--Amount General--Proceeds --Payment to cities General--Payment by buyer and collection by seller General--Seller--Liability to the borough--Successor liability-- Corporate officer liability General--Administration enforcement authority--Request for ruling-- Appeal of determination General--Refunds Exemptions/waivers--Exemptions Exemptions/waivers--Exemption for sales for resale Exemptions/waivers--Exemptions--Nonprofit or Government Entities Exemptions/waivers--Exemptions--Resale certificate Exemptions--Seller's liability for incorrect determination--Buyer's protest--Appeals Exemptions/waivers--Waiver--Application for extension of time-- Assembly authority Exemptions/waivers--Waiver--Uncollected taxes, penalties and interest Registration--Certificate of registration required Registration--Certificate issuance--Display required~Compliance agreement--Bond requirements Registration--Certificate non-assignable--Surrender requirements-- Successor seller Registration--Certificate index Computation--Addition of tax to total retail price Computation--Seller--Restrictions on imposition of tax Application of payments Tax jurisdiction---Location of accommodations. Returns/records/audit--Returns--Filing required--Filing schedule Remrns/records/audit--Remms~Contents Returns/records/audit--Returns and transient accommodations taxes-- Filing and payment required by due date Returns/records/audit--Returns--Credit for costs of collection Ordinance 2005-05 (Sub) Page 2 of 18 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska · 5.19.540 5.19.550 5.19.555 5.19.560 5.19.570 5.19.580 5.19.600 5.19.610 5.19.620 5.19.630 5.19.640 5.19.650 5.19.900 Remms/records/audit--Remms--C onfi dentiality requirernent--Exceptions Returns/records/audit--Final return--Required information Returns/records/audit--Returns--Finality of returns--Amendment of returns--Escaped assessments Returns/records/audit--Records--Seller record keeping required--Loss of records Remms/records/audit--Audit--Authority--Seller's consent to inspection of federal income tax returns--Estimated tax--Results Returns/records/audit--Audit--Protest. Enforcemem--Civil and criminal actions---Payment agreements Joint bank accounts--Offset Enforcement--Failure to register--Criminal penalty--Civil penalty--Other remedies Enforcement--Failure to file returns or remit taxes~C.~in~ penalty--Civil penalties and interest--Injunction-- Publication Enforcemem--Failure to keep adequate records Enforcement--Transient Accommodations tax liens Enf°rcemem--Schedule of fees Definitions '5.19.100. Gen eral-L evi ed-Am o un t~ me The borough levies a tax on all accommodations rent payable to a seller and not exempt from taxation under subsection 5.19.200 in the mount of 8 percent of the accommodations room rent. The guest shall pay the tax to the seller at the time the rent is paid. The seller shall collect the tax when the seller collects the rem. 5.19.110. General-Proceeds--Payment to cities. The borOugh may emer into cooperative agreemems with cities in the borough to promote tourism using, funds generated by this tax. Such agreemems must be approved by the assembly and shall include provisiom ensuring the use of borough funding complies with legal limitations in the borough's nonareawide authority to promote tourism. 5.19.120. General--Payment by buyer and collection by seller. The obligation of the tax is upon the buyer. The seller shall collect the tax at the time of payment for the rent. Kenai Peninsula Borough, Alaska New Text Underlined,; [D~T~ TEXT BR.~C~] Ordinanc~ 2005-05 (Sub) Page 3 of 18 5.19.130. Gene r a 1-- S eller--Lia b ility officer liability. to the borough-Successor lia b ility-- C o rpo rate mo All transient accommodations taxes collected or which should have been collected pursuant to this chapter are borough moneys for which the seller is at all times liable to the borough. The seller is also liable for all monies collected from the buyer as transient accommodations tax. g. Any person acquiring an ownership interest in an ongoing business or the accounts receivable of a business, whether by purchase, foreclosure, or otherwise, shall be liable for the payment of taxes, penalties, interest, fees and costs accruing and unpaid to the borough on account of the operation of the business by the former owner, owners or assigns. The borough may continue to make efforts to collect the tax from the person who owned the business at the time the liability was incurred.. The liability of a purchaser or other entity for outstanding taxes, penalties, interest, fees and costs accrued and unpaid by the former owner shall be limited to an amount stated in writing by the borough in response to a release of information request. The borough shall have 15 days to respond to the request. De The president and any officer, employee or agent of a corporation having control of, supervision of, or charged with the responsibility of filing transient accommodations tax returns or remitting transient accommodations taxes is personally liable for any unpaid corporate transient accommodations taxes, penalties, interest, fees and costs accruing and unpaid to the borough. Dissolution of, or sale of, or other change in the form of the corporation does not discharge this liability. 5.19.140. General-Administration enforcement authority--Request for ruling--Appeal of determination. A, The mayor shall have the authority to enforce proper registration, reporting and tax collection requirements imposed in this chapter, including the authority to implement and interpret this chapter, in a manner consistent with the provisions of this chapter and determine the appropriate application of fees as provided in KPB 5.19.650. Be Any taxpayer under this chapter, or any seller obliged to collect the tax under this chapter, or any borough official may apply to the mayor for a determination on the application of this chapter to an actual fact situation. Ce Any taxpayer or seller may appeal any written determination made by the mayor or borough administration pursuant to this section or section 250 of this chapter by appealing to the superior court in the Kenai venue district under the roles of appellate procedure governing appeals from admirfistrative agency decisions, within 30 days of the date of the determination; otherwise, a challenge or protest of a determination of the Ordinance 2005-05 (Sub) Page 4 of 18 New Text Underlined; [DELE'rED TEXT BRACKETED] Kenai Peninsula Borough, Alaska mayor or borough administration made under this section or section 250 of this chapter is barred. 5.19.150. General-Refunds. A, No transient accommodations tax refund shall be made unless the claimant complies with the requirements to obtain a transient accommodations tax refund set out in this section. Bo A claim for refund of transient accommodations taxes paid for exempt accommodations shall be denied unless the claimant complies with 5.19.250. C, A claim for refund of transient accommodations taxes over-collected in error is barred unless , The claimant files a claim for refund with the borough within one year of the date' of sale, on the form prescribed by the borough; and. , If the claimant is a seller, and the tax refund is owed to any buyer, the seller submits, and the borough approves, a refund plan to all affected buyers. D, A claim for refund overpaid in error because of a mistake on the face of a transient accommodations tax remm is barred unless' The claimant files a claim for refund within one year of the due date of the return, on the form prescribed by the borough; and , The claimant files an amended return pursuant to the requirements of this chapter. E, When the borough 'initiates an audit or estimate pursuant to KPB 5.19.570-580, the period for claiming a refund under subsections C. and D., above, is the same as the period under audit, but in no case more than three years from the date of sale. F, The borough shall not be liable for interest on any refund claimed or paid, or for any costs incurred by a buyer or seller in claiming, or obtaining a refund. 5.19.200. Exemptions/waivers--Exemptions. A, The following classes of accommodation sales are exempt: , Accommodation sales which the borough is prohibited from taxing by the Constitution or laws of the United States or of the State of Alaska; , Receipts of nonprofit schools and student organizations within the schools for extracurricular activities or events; Kcnai Peninsula Borough, Alaska New Text Underlined; [DELETED TExT BI~ACKETED] Ordinance 2005-05 (Sub) Page 5 of 18 B, The following classes of buyers are exempt from the provisions of this chapter: le Retail sales, services and rentals to the United States, the State of Alaska, or any instrumentality or political subdivision of either; C, The following classes of sellers are exempt from the provisions of collecting the transient accommodations tax set forth in this chapter, but must adhere to the provisions set forth in section 5.19.300 of this chapter: An organization that has obtained a 501 (c) (3) exemption ruling from the Intemal Revenue Service, as long as proof of such ruling is provided to the borough administration. 5.19.210. Exemptions/waivers-Exemption for sales for resale. The following sales of accommodations are exempt under this chapter: Sales to a wholesale or retail dealer in the accommodations sold, for the purpose of resale by the dealer; 5.19.220. Exemptions/waivers--Exemptions-Nonprofit or Governmental Entities. Ae In order to receive an exemption from payment of transient accommodations tax under section 5.19.200(B)(1), a buyer shall: , Present to the seller a government purchase order, government check or credit card issued in the name of the government agency, for each sale. 5.19.230. Exemptions/waivers-Exemptions-Resale certificate. Ae In order to receive an exemption from payment of transient accommodations tax under section 5.19.210, a seller shall obtain a resale certificate as provided in KPB 5.18.240 (KPB Sales Tax Code section 240), and present the resale certificate at the time of each sale. 5.19.240. ExemptionS-Seller's liability for incorrect determination--Buyer's protest- Appeals. ke A seller shall determine in the first instance whether a sale is exempt under tkis chapter: However, if a seller incorrectly determines that a sale is exempt, and does not collect the · tax from the buyer, then the seller is liable to the borough for the uncollected tax. Ordinance 2005-05 (Sub) Page 6 of 18 New Text Underlined; [DELETED TEXT BKACKETED] Kenai Peninsula Borough, Alaska B, If the seller determines that a sale is not exempt, but the buyer believes the sale to be exempt, then the buyer may protest the tax by paying the tax at the time of sale and filing a certificate of protest form with the borough, no later than 60 days after the date of sale. The seller shall collect the protested tax at the time of the sale. C, If the seller determines that a sales is exempt, the seller can request a determination on whether a sale is exempt by filing a certificate of protest form with the borough, no later than 60 days after the date of sale. The seller shall continue to collect the tax at the time of sale, until the seller receives a determination from the borough. D. The mayor will role on each protest by sending to the buyer or seller a written determination on the protest. If the protest is allowed, a refund of the transient accommodations tax paid will be remitted to the buyer with the determination. Eo Either the buyer or seller may pursuant to KPB 5.19.140(C). appeal the mayor's determination to superior court 5.19.250. Exemptions/waivers--Waiver--Application for extension of time--Assembly authority. Ae For good cause shown, the mayor may grant extensions on any time limitation described in this chapter upon application filed on or before the date specified as the original time limitation; except that no extension of time shall be allowed for filing claims for refund of taxes, or for appeals to superior court from determinations of the borough. g. The assembly shall have no authority to ~ant any extension of time or waiver of any provision of this chapter or any regulations adopted pursuant to this chapter other than by ordinance. 5.19.260. Exemptions/waivers-Waiver-Uncollected taxes, penalties and interest. Ae The mayor may forgive the payment of uncollected transient accommodations taxes, interest and penalty thereon, and penalties for failure to file owing by a seller to the borough upon a determination, by the mayor that such uncollected transient accommodations taxes: 1. Have never seller; or been collected bY a substantial portion of a clearly, definable class of e Have never been collected on a substantial portion of a clearly defined class Or type of transaction or service; or Where an interpretation is affirmatively provided by the borough to an inquiring seller, and the seller in reasonable reliance upon that interpretation fails to collect Kcnai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinanc~ 2005-05 (Sub) Page 7 of 18 a transient accommodations tax, which collection is later determined to have been legally required under this chapter. B, The mayor shall notify the assembly in writing of any such incidence of forgiveness Which shall be final unless overridden by the assembly within 30 days of such forgiveness. 5.19.300. Registration-Certificate of registration required. All sellers of accommodations shall file with the borough an application for a certificate of registration, on a form provided by the borough, prior to commencing business, or the opening of an additional place of business. Each business shall be re~stered under the advertised name and locations of the business. If a seller engages in business at more than one location, the seller shall obtain a certificate of registration for each location. 5.19.310. Registration--Certificate issuance--Display agreement-Bond requirements. required--Compliance Ae Upon receipt of a properly executed application indicating that all returns required to have been filed pursuant to this chapter by the applicant as seller or agent of any seller have been filed, and that all transient accommodations taxes required to have been remitted to the borough have been paid, the mayor will issue without charge to the seller a certificate of registration. The certificate shall state the address of the place of business to which it is applicable, the applicable State of Alaska business license number, if any, and shall authorize the seller to collect the tax. The certificate must be prominently displayed at the place of business named in the certificate. C. Where the application or borough records indicate that applicant is currently in violation of filing and remittance requirements of the borough transient accommodations tax provisions, the mayor may deny the application for registration until such time as applicant enters a binding agreement setting out a method by which full compliance will be attained. De Before issuing a registration certificate, the mayor may require an applicant to post a cash or other bond with the borough in an amount sufficient to insure the full and prompt collection and payment of transient accommodations taxes. The bond is forfeited upon the failure to file any transient accommodations tax return; however, the borough reserves the fight to collect any and all delinquent amounts owed by the applicant. E, Upon payment of the fee established by regulation, the mayor will issue a duplicate transient accommodations tax certificate to any seller whose certificate has been lost or destroyed. Ordinanc~ 2005-05 (Sub) Page 8 of 18 New Text Underlined; [DELETED TEXT BRACKEI'ED] Kenai Peninsula'~orou~'h, Alaska 5.19.320. Registration--Certificate nonassignable-Surrender requirements--Successor seller. The certificate of registration is non-assignable and nontransferable and must be surrendered to the mayor by the seller to whom it was issued upon his ceasing to do business within the taxing jurisdiction named therein. If there is a change in the form of organization such as from a single proprietorship to a parmership or a corporation, the admission or withdrawal of a general partner, or a change in seller's agent for service, the seller making such change shall surrender his old certificate to the mayor for cancellation. The successor seller is required to file a new application for a certificate of registration. Upon receipt of such application, properly executed, as provided in this chapter, a new certificate will be issued to such successor seller. 5.19.330. Registration-Certificate index. The mayor.or his designee shall maintain in a public place within the borough administration building a current index alphabetized by name of business and name of owner, updated not less than quarterly, of all current certificates of registration for public inspection. 5.19.400. Computation--Addition of tax to total retail price. A. The tax to be added to the accommodations price shall be eight percent (8%)of the accommodations price rounded off to the nearest cent by eliminating any fraction of one-half cent or less and by increasing any fraction over one-half cent to the next highest cent. Each seller shall be furnished the schedule of tax payable on each taxable mount from one cent to $100.00. 5.19.410. Computation--Seller--Restrictions on imposition of tax. Ae The seller shall separately state the tax to the buyer on each taxable transaction. A seller shall not advertise, hold out or state to the public or to any buyer, directly or indirectly, that the tax payment or any part thereof imposed by this chapter will be assumed or absorbed by the seller, or that it will not be added to the accommodations price or that it will be refunded or assumed, in whole or in part. 5.19.420. Ae Application of payments. ' .. Payments. on transient accommodations tax accounts shall be applied to the oldest balance due, by transiem accommodations tax period, in the following order: first to accrued fees and costs, then accrued interest, then accrued penalty, then to the tax principal; and then the next oldest balance due, in the above order, and so forth, until the payment is applied in full; except as otherwise provided in this section. g. Payments on transient' accommodations tax accounts submitted with transient accommodations tax returns shall be applied to the most current remm period, in the Kenai Peninsula Borough, Alaska New Text Underlined; [DEIZI~ TEXT BP. ACKETED] OCdinan~e 2005-05 (Sub) Page 9 of 18 following order: first to accrued interest, then to accrued penalty, and then to the tax principal. Any remaining monies shall be applied as in subsection A, above. C, Payments on transient accommodations tax accounts where transient accommodations tax liens have been recorded to secure payment on the account shall be applied to the oldest unsecured balance due, by tax reporting period, in the order listed in subsection A, above. D, The borough may by written agreement, or shall by court order, vary the application of payments. 5.19.430. Tax jurisdiction---Location of accommodations. The rate of tax to be added to the sale price is based on the place of accommodations. 5.19.500. Returns/records/audit-Returns--Filing required-Filing schedule. A, Every seller is required to file a transient accommodations tax return, on forms tim'fished by the borough, according to the filing schedule established by the borough for that seller, whether or not any sale was made. g. All sellers shall file transient accommodations tax returns on a quarterly basis. The borough may require more or less frequent filing under the following conditions: , On a case-by-case basis, the borough may determine that an alternate filing schedule is appropriate. In such cases, the seller will be notified in writing of the filing schedule. 5.19.510. Returns/records/audit-Returns-Contents. A,' Every seller required by this chapter to collect transient accommodations tax shall file with the borough upon forms furnished by it a return setting forth the following information with totals rounded to the nearest dollar: 1. ' Gross sales; 2. 'The nontaxable portions separately stating the mount of sales revenue' attributable to each class of exemption; 3~ Computation of taxes to be remitted; , Such other information as may be required by the borough. B, The borough reserves the fight to reject a filed return for failure to comply with the requirements of this section, for one year from the date of filing. The borough shall give Ordinance 2005-05 (Sub) Page 10 of 18 New Text Underlined; [DELETED TEXT BP. ACKETED] Kenai Peninsula Borough, Alaska written notice to a seller that a remm has been rejected, including the reason for the rejection. 5.19.520. Returns/records/audit--Returns and transient accommodations taxes-Filing and payment required by due date. m. A completed transient accommodations tax return, together with remittance in full for the mount of transient accommodations taxes collected or which should have been collected, or for monies collected as accommodations by the seller, must be transmitted to the borough on or before the first business day following the last day of the month following the end of each reporting period. B, A transmittal of taxes made by mail shall not be considered delinquent if the postmark on the envelope indicates the date of mailing to be on or before the first business day following the last day of the month following the end of the reporting period. 5.19.530. Returnslrecordslaudit-Remrns-Credit for costs of collection. A. If a return is filed and tax payments are remitted by the filing deadline, a seller in full compliance with this chapter may retain 5% of the tax collected, to a maximum of $1,000 per quarter, to cover the costs of collecting the tax. B, If the seller is not in full compliance with this chapter, the seller is not eligible for and may not retain the 5% credit. C. Full compliance for the purposes of this section means that a seller does not have an account w/th a balance due, or does not have a missing or incomplete remm outstanding. 5.19.540. Returns/records/audit-Returns-Confidentiality requirement-Exceptions. A. Be Returns which include remittance in full of all transient accommodations taxes due and which are timely and properly filed with the borough for the purposes of complying with the terms of this chapter and all data obtained from such returns are confidential, and such returns and data obtained there from shall be kept from inspection by all private persons. Nothing contained in this section shall be construed to prohibit the audit and investigation by the borough of any return filed under this chapter or of the books and. records of any seller required to file any return under this chapter. Nothing contained in this section shall be construed to prohibit the delivery to a person, or his duly authorized representative, of a copy of any remm or report filed by him, nor to prohibit the publication of statistics so classified as to prevent the identification of particular buyers or sellers, nor to prohibit the fumis~ng of information on a reciprocal basis to other agencies or political subdivisions of the state or the United States concerned with the enforcement of tax laws. Kenai Peninsula Borough, Alas~ New Text Underlined; [DELETED TEXl' BKACKETED] Ordinan~ 2005-05 (Sub) Page I1 of 18 Ce Nothing contained in this section shall be construed to prohibit the disclosure through enforcement action proceedings or by public inspection or publication of the name, estimated balance due, and current status of payments, and filings of any seller or agent of any seller required to collect transient accommodations taxes or file returns under this chapter, who fails to file any return and/or remit in full all transient accommodations taxes due within 30 days after the required date for that business. Entry into any agreement whether pursuant to the provisions of this chapter or otherwise shall not act as any prohibition to disclosure of the records of that seller as otherwise provided in this chapter. De A prospective lessee or purchaser of any business or business interest may inquire as the obligation or tax status of any business upon presenting to the mayor a release of tax information request signed by the registered owner of the business. 5.19.550. Returns/records/audit--Final return-Required information. Fifteen days prior to the sale, lease, or other disposition, or change in ownership imerest, other than a transfer of outstanding shares of stock, or upon incorporation of any business registered pursuant to this chapter, the business seller shall file a notice with the borough together with an informational remm identifying the name and address of each person or emity involved in the change, the nature of the change and the effective date of the change. 5.19.555. Returns/records/audit--Returns-Finality of returns--Amendment of returns- -Escaped assessments. Ae A seller may file an amended return with the borough, and the borough may accept the amended return, but only in the following circumstances' le The amended return is filed within one year of the original due date for the return; and e The seller provides justification in writing for requesting approval of the amended return; and The seller was registered to collect transient accommodations tax during .the period for which the amended return is filed and filed an original return for that period; and e The seller agrees to submit to an audit upon request of the borough. B, If the borough rejects an amended return, it shall give written notice to a seller, including the reason for the rejection. The borough may adjust a remm for a seller if, after investigation, the borough determines that the figures included in the original returns are incorrect, and that Ordinance 2005-05 (Sub) Page 12 of 18 New Text Underlined; [DELETED TEx'r BRACKETED] 78 Kenai Peninsula Borough, Alaska additional transient accommodations taxes are due; and the borough adjusts the return within three years of the original due date for the return. 5.19.560. Return s/reco rd s/au d it-Reco rd s--S eller records. record keeping required--Loss of A, Every seller engaged in activity subject to this chapter shall keep and preserve suitable records of all sales made by the seller and such other books or accounts as may be necessary to determine the mount of tax which he is obliged to collect. Every seller shall preserve suitable records of sales for a period of 3 years from the date of the remm reporting such sales, and shall preserve for a period of 3 years all invoices of goods and merchandise purchased for resale, and all such other books, invoices and records as may be necessary to accurately determine the mount of taxes which the seller was obliged to collect under this chapter. B, A seller shall immediately notify the borough of any fire, theft or other casualty which prevents his or her compliance with this chapter. The casualty constitutes a defense to any penalty provided in this chapter if determined to be the proximate cause of the failure to comply for a given reporting period, but does not excuse the seller from liability for taxes due. Accidental loss of funds or records is not a defense against the penalties of this chapter. 5.19.570. Returns/records/audit-Audit-Authority-Seller's consent to federal income tax returns-EStimated tax-Results. inspection of m. The borough administration may examine and audit any relevant books, papers, records, returns or memoranda of any seller, may require the attendance of any seller or buyer, or any officer or employee of a seller or buyer at a meeting or heating, and may require production of all relevant business records, in order to determine whether the seller has complied with this chapter. B, C. A seller required to register for transient accommodations tax collection under this chapter consents to the inspection of the seller's federal income tax returns in order to determine the seller's compliance with this chapter. · . If the borough is unable to ascertain the mount of tax due from a seller because the seller has failed to keep accurate records, has failed or refused to allow an audit or inspection of records, has failed to file a return, has falsified records or, has improperly calculated the tax, then the borough may estimate the tax due based upon any information available to it. The borough shall send a written notice of the estimated tax due to the seller, and of the assessment of an audit estimate fee. D, The results of any examination or audit performed under this section shall be reported in writing to the seller. Kenai Peninsula Borough, Alaska New '/'ext Underlined; [DELETED TEXT BRACKETED] Ordinance 2005-05 (Sub) Page 13 of 18 5.19.580. Returns/records/audit-Audit--Protest. A~ If the seller wishes to dispute the amount of the estimate, or the results of an examination or audit, the seller must file a protest with the borough, within 30 days of the date of the notice of estimated tax or results of an audit or examination. The protest must set forth: le the seller's justification for reducing or increasing the estimated tax amount, including any missing tax returns for the periods estimated; or e the seller's reasons for challenging the examination or audit results. Be In processing the protest, the borough may hold an informal meeting or hearing with the seller, either on its own or upon request of the seller, and may also require that the seller submit to an audit. Ce The borough administration shall make a written determination on the seller's protest, and mail a copy of the determination to the seller. 5.19.600. Enforcement--Civil and criminal actions-Payment agreements--Joint bank accounts--Offset. Nothing in this chapter shall be construed as preventing the' borough from filing and maintaining an action at law to recover any taxes, penalties, interest, and fees due from a seller. Failure to register under this. chapter or to collect taxes which otherwise should have been collected under this chapter shall not be a defense to an action by the borough against such seller to recover all amounts due. Each act prohibited in this chapter constitutes a separate cause of action or offense. Be The mayor may emer imo an a~eemem secured by a confession of judgment or a deed of trust on property with sufficiem equity to cover the liability for delinquem transient accommodations taxes on such payment terms as the administration finds reasonable, provided that the terms shall require full payment of all obligations of the seller within a maximum period of 24 months from entry of such an agreement, unless a shorter term is required by other provisions of this code, in which case those provisions shall be. followed. The mayor shall not enter imo a repayment agreement with a seller who has been involved in a repayment agreement within the prior five (5) years, unless otherwise provided in this code. All businesses or owners of businesses against which the borough has an outstanding judgment may be required by the mayor to deposit transient accommodations tax monies collected, on a weekly basis, to a joint bank account upon which the borough is signatory. Dual signature would be required for withdrawal from the account.. ~3rdinance 2005-05 (Sub) Page 14 of 18 New Text Underlined; [DE~ TEXT BRA~] Kenai Peninsula Borough, Alaska D, The borough shall set off all delinquem'borough transient accommodations taxes owed by a seller against borough or school district accounts payable to the seller or credit balances on borough or school district accounts in the name of the seller. 5.19.610. Enforcement--Failure remedies. to register--Criminal penalty--Civil penalty--Other A, A seller who fails to obtain a registration certificate as required by this chapter, after notice in writing of the obligation to register has been delivered personally or by regular mail to the seller, the seller's place of business, or the last known address of the seller is subject to a civil penalty not to exceed $1,000, in addition to any taxes, penalties, interest, costs and actual attorney fees that may be assessed against the seller. B, The mayor may pursue any other civil or criminal remedies at law against a seller who fails to obtain a registration certificate required by this chapter, including injunctive relief. 5.19.620. Enforcement--Failure to file returns or remit taxes-Criminal penalty-Civil penalties and interest-Injunction--Publication. A, Failure to file 2 or more returns in any 1 calendar year after notice from the borough to the seller's last registered address; when intentional, constitutes a misdemeanor and is punishable by imprisonment for up to 30 days, and by a fine not to exceed $500.00, plus costs of prosecution, in addition to any civil penalty assessed. B, A seller who fails to file a return within the time required by this chapter, or who fails to remit all taxes collected by him, or later found to be due, is subject to a civil penalty of 5% per month of the amount of taxes found to be due, to a maximum of 25%. The filing of an incomplete return, or the failure to remit all taxes, is the equivalent of filing no return. All taxes due but not paid within the time required by this chapter shall accrue a. nd be assessed an interest charge at the rate of 15% per ann~. .. Any seller who fails to file a remm required under this chapter within fifteen (15) days of written notification by regular mail, regardless of whether any taxes were due for the reporting period for which the remm was required, shall be subject to a penalty of $25..00 for each remm not filed, in addition to any penalty for late filing. D, Sellers who have not filed returns for two (2) consecutive reporting periods shall be assumed to have ceased conducting business and shall be removed from the roll of active businesses. Reinstatement of a business removed from the active roll by this section shall require the payment of a mandatory reinstatement fee. 0 If the mayor has reason to believe that a seller who has been removed from the roll of active businesses pursuant to this section is in fact continuing to conduct business, the Kenai Peninsula Borough, Alaska New Text Underlined; [D~ TEXT BRACKETED] OrdinanCe 2005-05 (Subi Page 15 of 18 mayor may cause a proceeding to be filed in the Superior Court requesting the issuance of an injunction prohibiting that business from continuing to conduct business. F, As soon as practicable after the expiration of thirty days following the end of each calendar quarter, the borough shall publish in a newspaper of general or customary circulation in the appropriate area of the borough, a list of every seller who: , Was conducting business in the borough and was required to file a return during that quarter, but who has not filed the required return, unless the seller has paid any balance due for that period in full; , Did not pay all balances due, as long as the balance due is greater than $100; or , Owes taxes, penalty or interest pursuant to a payment a~eement unless the payment agreement required payment in full within 30 days of the date of execution of the agreement. G, Notwithstanding subsection (F) above, the borough is not required to include in the quarterly publication a closed business which has been published in the preceding four publications. 5.19.630. Enforcement--Failure to keep adequate records. Each of the following acts, when intentional, constitutes a misdemeanor and is punishable by imprisonmem for up to 30 days, and by a fine not to exceed $500.00, plus costs of prosecution, in addition to any civil penalty assessed: A, Falsification or misrepresentation of any record filed with the borough hereunder or required to be kept hereby, if used to mislead borough tax authorities; B, Refusal of a seller to allow inspection at reasonable times of records required to be kept by this chapter. 5.19.640. Enforcement-- transient accommodations tax liens. A. The mayor may cause a transient accommodations tax lien to be filed and recorded. against all real and personal property of a registered seller where the seller has: , Failed to file transient accommodations tax returns for two consecutive filing periods as required by the chapter; or 2~ Failed within 60 days of the end of the filing period from which taxes were due to either (a) remit all amounts due or (b) to enter imo a secured payment a~eement as provided in this chapter. Ordinance 2005-05 (Sub) Page 16 of 18 New Text Underlined; [DELETED TEXT BRACKETED] 82 Kenai Peninsula Boroug~ Alaska Be Prior to filing a transient accommodations tax lien, the mayor shall cause an additional written notice of iment to file to be mailed to the last known address of the delinquent seller. 5.19.650. Enforcement--Schedule of Fees. The following fees shall be imposed and collected pursuant to this chapter: Ae Issuance of a duplicate transiem accommodations tax certificate at a rate established by regulation; Be Missing filing fee at the rate of $25.00 for each remm not filed; Ce Reinstatement to active roll at the rate of $100.00 per business; D~ Audit estimate preparation fee at a rate established by regulation but not to exceed $100.00. 5.19.900. Definitions. When not clearly otherwise indicated by the context, the following words and phrases, as used in this chapter, have the following meanings' "Finance director" means the Kenai Peninsula Borough finance director or the director's designee. · B~ Ce "Buyer" means a person who rents a hotel or motel'room for .a term' less than 30 consecutive days. A person who rents a hotel or motel room for a term of 30 consecutive days or more, which rooms is used by that person's employees for periods of less than 30 consecutive days each on a rotating basis. Is not a buyer. "Hotel room" or "motel room" means a structure or part of a structure rented, or offered for rent, for a term of less than 30 consecutive days for dwelling, lodging or sleeping purposes, including without limitation bed and breakfast 'establishments, cabins, and other similar temporary sleeping facilities, but excluding a structure or part of a structure rented or offered for rent solely in connection with a principal business or institutional purpose other than providing meals, lodging, entertainment or recreation; for example, a hospital or university dormitory. · ' D. ' "Seller" means a person who offers hotel or motel rooms for rent and to whom rem for a hotel or motel room is payable, either directly or through an agent or employee. Ee "Quarter" means any one 'of the four cOnsecutive three-month periods in a calendar year, the first of which commences January 1. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRAC~u] Ordinance 2005-05 (Sub) Page 17 of 18 F. "Rent" means le to rent a room or other accommodation means to obtain the fight to use or occupy the room or other accommodations; and 2. a monetary consideration paid to rem an accommodation. SECTION 2. That a ballot proposition shall be placed before election to read as follows' borough voters at the next regular PROPOSITION No. Shall Ordinance 2005-05, providing for the imposition of an 8 percent transient accommodations tax, be ratified? Yes No SECTION 3. That Section 2 shall become effective immediately upon the enactment of this ordinance. SECTION 4. That Section 1 of this ordinance shall become effective January 1, 2006, only if the proposition contained in Section 2 is approved by a majority of voters voting on the question in the regular election of October 4, 2005. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS DAY OF * 2005. ATTEST' Gary Superman, Assembly President Linda S. Murphy, Borough Clerk Ordinance 2005-05 (Sub) Page 18 of 18 New Text Underlined; [DELETED TEXT BP. ACKETED] 84. Kenai Peninsula Borough, Alaska . ,. STATE PIPELINE COORDINATOR'S OFFICE FRANK H. MURKOWSKI, 41'1 West 4~h Avenue Anchorage, Alaska PHONE: (907) 257-1300 FAX: (907) 272-0690 Department of Natural Resources Department of Labor Department of Public Safety Fire Marshal's Office Department of Environmental Conservation March 25, 2005 The Honorable John Williams Mayor of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611- Letter No.' 05-045-WW Case File Serial No.' ADL 69354 Section/Stipulation: 0.1 File Code: (30) 1.3.4 Facility Code: Fl010 DD.' N/A ~_r:.?.,~ 5' r"~?-/ '~"' " Re: Public Notice of Nikiski Alaska Pipeline Right-of-Way Lease (ADL 69354) Analysis of Amendment Application and Proposed Decision Dear Mayor Williams: For your information, enclosed is a copy of the public notice of the Analysis of Amendment Application and Proposed Decision for the Nikiski Alaska Pipeline Right-of-Way Lease, ADL 69354. If you have questions, please contact Katie Farley of our office at (907) 257-1363 or Eilene Gehrke at 257-1399. Sincerely, Frederick M. Thompson Acting State Pipeline Coordinator Enclosures: Public Notice (1 Page) "Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans." STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES STATE PIPELINE COORDINATOR'S OFFICE 411 WEST 4TM AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501 (907) 257-1300 PUBLIC NOTICE Analysis of Amendment APplication and Proposed Decision ADL 69354 Subject to the provisions of Alaska Statutes (AS) 38.35.015 and pursuant to regulations promulgated thereunder, the State Pipeline Coordinator's Office received an application from Tesoro Alaska Pipeline Company proposing to amend the RIGHT-OF-WAY LEASE FOR THE NWdSKI ALASKA PIPEL~, ADL 69354 to realign approximately 1,600 feet of the pipeline located in the state waters of Cook Inlet adjacent to Point Possession, Kenai Peninsula. These lands are located within Sections 16 and 17, Township 11 North, Range 6 West, Seward Meridian, Alaska. Pursuant to AS 38.35.070, public notice of the application was published in the Anchorage Daffy News and the Peninsula Clarion on February 18, 2005. A copy of the application was filed with coordinate agencies. Pursuant to AS 38.35.080, the State Pipeline Coordinator has prepared an analysis of the application and proposed decision to approve the application. The proposed modification was determined not to be a substantial amendment to the existing lease. Copies of the Analysis of Amendment and Proposed Decision are available at cost by request to the above office. Any comment, objection or expression of interest pertaining to the proposed action must be received in writing by the State Pipeline Coordinator's Office at the above address on or before 5:00 PM, April 26, 2005, in order to ensure consideration.. If public comment indicates the need for significant changes in the decision, additional public notice will be given on or about April 29, 2005, without further notice. If no significant change is required, the Proposed Decision, including any minor changes, will be issued as the Final Decision of the Department of Natural Resources on or after April 27, 2005, without further notice. The State of Alaska, Department of Natural Resources, State Pipeline Coordinator's Office, complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, or special modifications' to participate in this review may call (907) 257-1300 or 269-8411 TI'Y/TDD. Please provide sufficient notice in order for the Department to accommodate your needs by the closing date. The State Pipeline Coordinator's Office reserves the fight to waive technical defects in this publication. /s/ Acting State Pipeline Coordinator Publish March 28, 2005 "Improving Alaska's qualit)., of transportation through technology application, training, T C H N 0 L 0 C~ Y: · Winter 2004/2005 Volume 29, Number 4 In this issue.,. · Evaluation of Storm Water Treatment on the Kenai Pennisula Safety · What is a road safety audit? · Transit Driver Fatigue Awareness · FHWA Ongoing Safety Programs · Resources FHWA Priority Market Ready Technologies and Innovations · Expanded Polystyrene (EPS) Geofoam · Asset Management · FHWA Traffic Noise Model 9, Version 2.1 Announcements · Pocket Guide for Identifying Invasive Plant Species Training · Training and Meetings Calendar Through April Alaska Transportation History · A Hundred Years of Alaska Roads Evaluation of Storm Water Treatment on the Kenai Pennisula The Kenai River supports a world-class salmon fishery, and is a major recreational resource for the state of Alaska. In addition, the Kenai serves as a drainage conduit for storm water generated in the Kenai Peninsula's transportation corridors. Storm water often contains a complex mixture of contaminants such as heavy metals (lead, cop- per, and chromium), particulate matter, and organic compounds~ some with potentially hazardous carcinogens. In an effort to reduce the poten- tial impacts of storm water related pollutants on the river system, the Alaska Department of Transporta- tion & Public Facilities (AK DOT & PF) built three integrated storm water treatment systems on fhe Kenai Peninsula between 1998 and 2000. Their design integrated aspects of sediment basins and con- stmcted wetlands. l, Te~,' or'the Binklev Sediment basin/constr~tcted wetland. The structure helps protect the Kenai River. from storm ware/' run-o,#which may contain potentiall hazardous contaminants. !'continued on page "Improving Alaska's quali~, of transportation through technology application, training, and information exchange." (continued from front page) What is` a'Sediment Basin? ' .A sediment basin is a"water treatment · . system that:slows .water. velocity, and 'allows for sUspended particles' to fall ~°ut and be. · captured in-the basin,-RUnoff from highwaYs, parking lotS; or buildings can ~contain peten- tially hazardous particles suspended in the water, which if deposited into a river or lake could-pose a potential environmental hazard. A well-designed sediment basin captures these particles. What is a C°nstruCte'd'Wetland? A constructed wetland.iS~a complex of satumtecl soils,~ aquatic and. animal life,, designed'to~work-as natural.- wetland. Lik~.. constructed wetland Creates oPpo~unity for. plant and microorganismS'to censuree nutri-. · onts and contaminants:-Constructed, wetland systems ara designed to maximiz~ removal of toxins or other potentially dangerous com- pounds, thus purifyin9 tho wastowator out- flow to help minimize environmental impact. This diagram illustrates how water flows through the system and provides opportunity for containment of sediments and treatment of hazardous compounds. ENERGY DISSAPATION BYPASS FLOW DIVERSION · SEDIMENTATION BASIN WETLAND TREATMENT BASIN INLET CONSTRUCTED CONSTRUCTED FLOW DISTRIBUTION WEIR · WETLAND · · WETLAND FLOW DISTRIBUTION TRENCH (OPEN WATER) FLOW DISTRIBUTION TRENCH (OPEN WATER) PLAN VIEW NOTES: 1. OBJECTIVE IS TO PROMOTE UNIFORM FLOW IN 2. SEDIMENTATION BASIN DESIGNED FOR EASE OF ALL COMPARTMENTS OF THE TREATMENT SYSTEM, MAINTENANCE AND SIZED BASED UPON 100+ MICRON PARTICLE AT DESIGN FLOW. 3. CONSTRUCTED WETLAND SIZED BASED UPON DESIGN FLOW AND MAXIMIZING USE OF AVAILABLE AREA. INLET .... -ENERGY DISSAPATION FLOW ~,~-. r SEDIMENT STORAGE ~-' HARDENED OR -'- HARDENED BOTTOM FLOW DISTRIBUTION CONCRETE BOTTOM (COMPACTED) TRENCH (OPEN WATER) FLOW FLOW SECTION A-A' DISTRIBUTION WEIR DISTRIBUTION WEIR · ,, -- IMPERMEABLE MEMBRANE FLOW DISTRIBUTION TRENCH (OPEN WATER) - OUTLET "Improving Alaska's qualio' of transportation through technology application, training, and information eXchange." i What are We Looking For? Since AK DOT&PF lacks performance informa- tion on sediment basin/constructed wetland systems in Alaska, we decided to evaluate how well they treat storm water runoff and the pollution load generated from impervious surfaces such as roads and parking lots. Heavy metals and petroleum compounds adhered to suspended solids are the contaminants of greatest concern in runoff waters. Design engineers must char- acterize the storm water for its particular pollutant load so they can design the system for maximum treatment. Past research on storm water and the pollutant load it cames has shown that a properly designed sediment basin or constructed wetland can provide significant pollutant removal of the runoff before its release to the receiving waters. The objectives and scope of this study were to determine the effectiveness of the cur- rent designs employed by AK DOT&PF in the Sol- dotna area of the Kenai Peninsula and to recommend improved engineering design criteria to maximize treatment and comply with applicable state and federal water quality regulations. · SO ~ Plan view el'the Binkley sediment basin/constructed wet/and, kkgetation is planted along the side, not allowing ./hr ideal removal o./'pollutants. Also, the.flow control strztctto'e doesn't extend to each bank and has a low spot, allowing a short circuit. This reduces the time storm water interacts with vegetation and allows the bulk o. f the water; with its pollutant load, to escape treatment. This is a view looking.from the inlet end of the Binkley site. The gray line in the foreground is the velocity barrier. You can see the slope of the barrier towards the cente~: which does not help to spread the water evenly across the cell. tcontinued on next page) "Improving Alaska's quali~ of transportation through technology application, training, and information exchantle." (continued. from previous page) What Did We Do? Researchers collected water chemistry informa- tion at various points within the systems to determine how the systems were operating. They analyzed the information to determine how well the sedimentation basin and constructed wetland components of these treatment systems worked together to reduce pollutant loading associated with storm water discharged into the Kenai Riven Researchers studied three systems on the Kenai Peninsula (Marydale, Big Eddy, and Binkley systems) by visually observing storm water flow in the immedi- ate vicinity of each system, evaluating overall system design and construction, and collecting storm event data to determine pollutant loading entering and exit- ing these systems. This research effort focused exclu- sively on system performance during the summer and fall months, because storm water flows are uncommon during Alaska's winters. What Did We Learn? Heavy metals and suspended solids are the most critical pollutants that enter these systems, and under the current effluent load our systems are removing 26 to 97 percent of total metals, 41 to 94 percent of o the dissolved metals, and 80 to over 99 percent of the suspended solids. We believe this performance can be significantly improved by taking a few steps: · The random nature of storm water runoff must be incorporated into engineering specifications to de- termine the proportion of runoff to be treated and the accompanying wetland space required. · Treatment processes can be optimized by consid- ering wetland ecology and water retention time. Proper constructed wetland design requires site- specific characterization of water volume, pollut- ant concentrations, and flow rates. · Inlet and outlet structures for the sedimentation basin portion of the system must be designed to evenly distribute flow through the wetland system Big Ed~. site looking.from inlet towards the outlet. Water depth is too high. Ideal depths allow for plant life to protrude above the waterline to maximize plant and microorganism interaction duringflou: "Improvinp, Alaska's quality o.[ transportation tt~rough technoio,~,,y applicatirm, trainin~e, and in.l'brmation exchange." and minimize flow velocities to maximize par- ticle settling time. The Marydale and Big Eddy systems as currently designed do not maximize the benefits of either the constructed wetland or the sediment basin. Some of the systems have short-circuits in the form of a meandering channel that travels from the inlet to the outlet. Short-circuits reduce the time that the storm water interacts with the wet- land vegetation, thereby allowing the bulk of the water, with its pollutant load, to escape treatment. These relatively unvegetated flow channels can>., most of the flow, thereby diverting the water away from the wetland vegetation and excluding the vegetation from its pollutant removal role. Future designs should eliminate this design fea- ture as well as the potential tbr channels to form. Improvements to the flow control sm~cmres, sediment basins, velocity bamers, vegetation placement, density, and water depth will significantly enhance performance particularly with regard to the removal of heavy metals. The research report is available online at: 000 o http://www, dot.state.ak, us/stwddes/research/ - assets/pdf/fhwa_a k_rd_03_O6, pdf i~~~1 ! For more information, contact Clint Adler, P.E., AKDOT&PF research engineer, at 907- 451-5321 or clint_adler@dot.state.ak.us Excellent example q/'a constructed wetland near Talkeetna. Note ho¥~' the vegetation is arranged in the.flo**' pattern, allowing.lot removal o./'pollutants b~' plants and microorganisms. Photo taken b~, Dave Maddux. .q Did you Know that there are more than 20 watershed groups in Alaska? That speaks s~rongly of the dedication and desire we Alaskans have to keep our waters clean and the watersheds healthy. Being in a relatiVely pristine environment we have the advantage of learning frOm decisions that have negatively impacted water quality throughout watersheds in the Lower 48. This advantage is recognized by groups like ours througiqout the state who work with local citizens, tribes, and government agencies to maintain the heaith of the watersheds in which they live. In this issue of Currents we have decided to highlight a few organizations in Alaska w~th oi:)iectives similar to ours. The high metal contamination levels of Pullen Creek in Skagway, elevated water temperatures in southern Kenai Peninsula rivers, and excessive hydrocarbOn levels in our backyard, the Kenai River, remind us that collectively some of issues facing Alaska are not significantly different from our neighbors in the Lower 48. The only differ- ence is that, so far, the impact here generally isn't as extensive. Groups like ours are working to remedy these problems to prevent` them from increas- ing in magnitude. From our roots as a watershed group we tend to focus on local issues, so we would like to acknowledge other community- based !~roups with similar objectives. Sharing experi- ences and data can make ali of our individual and combined efforts much more effective, cohesive, and comprehensive. As KWF has expanded its focus to include the entire Kenai Peninsula so have our needs to collaborate with and acknowl- edge issues facing other groups striving toward the same goal' healthy watersheds throughout Alaska. Robert and Ole at Slikok Creek A special thank you to 'The Leavens Foundation for a recent $10,000 grant! These funds will be used on the first phase of the restoration of Siikoi< Cree~. a tributary to the Kenai River. We have selected this creel< as a lop priority for our next restoration project due to its importance for early run Chinook Salmon spawning and rearing tqabitat. We are very thankful to The Leavens Foundation for helping us get this project up and running! In recent years, this foundation has supported many important projects and organizations in our area, helping keep this a wonderful place to live and play! Thank You! Many thanks to Lori Konoske for her service on our board of directors for the past 2 1/2 years. Lori has been a wonderful asset to our organization and will be greatly missed. She is transferring wi~h Wells Fargo Bank to Sitka, AK. We wish her all the i3est. Good luck, Lori!!! :;(¥¥F is Looking for Board Members if you are interested in taking an active role in keeping our watersi~eds healthy, you may just be the person we're looking for! KWF is currently lead by six board members; we are seek- ing a few more. Board member packets are ready and we would enjoy talking to you if you are interested. Please contact Robert. KWF Executive Director. or any of the current board members for more information. Currents · Page 2 XWF works with Local Student This fail we've enjoyed working with Cassie Wilcox on her serv- ice project. Cassie is a senior at Kenai Central High who approached us in August about designing a Senior Civics proj- ect that would fit with our needs. CasSie and Ole worked together to develop a 4 part program involving', training her in the process of water sampling, completing independent field sampling on two streams, familiarizing herself with our data- base, and writing a synopsis of her experience. Cassie fulfilled her Civics course reqUirements while also providing us with valuable data. Cassie says she'd like to go one step further and become a volunteer for KWF. Good job, Cassie! Cassie teSting Soldotna Creek ~~,/~ Scientists and Citizens WOrking Together to Understand Our Changing Water Resources .~ Cook inlet Keeper is a citizen-~asea oraanization that comi:)ines effective advocacy, monitoring and ~ education to give citizens the tools thev need to protect Alasi<a's Cool< Inlet watershed and the life it ~-sustains. in 1996 Keeper deveioDea Alaska;s first scientificallv defensible volunteer water quaiityi i monitoring program, which has ~eiped s~awn similar efforts t~rougnout AlasKa sucin as the Kenaii ! Watershed Forum's Citizens Environmental Monitoring Proctram.,_ tn i998 Keeper partnered w~th the Homer Soil and Water Conservation District on an in-! depth water quality study to better understand the ecoiogicai effects of land-use activities on the four ~ saimon streams on the' lower Kenai Peninsula' Anchor River. Deep Creek. Niniichik River. and : Stariski Creek. Monitoring on these streams has revealed that summer water temperatures consis- tently exceed Alaska's standards, and may ~ose risks to these valuable aquatic habitats. Water tem- i perature is one of the most significant factors in the ineaith of stream ecosystems. Temperature affects salmon egg and fry incubation fish metabolism resistance to disease and availability of oxy- i gen and nutrients to fish and wildlife. ~'_ ......... ,In the absence of extensive historical temperature data, there is no way to know whether these elevated temperatures are ~ typicat of these systems. ~owever. a recent report by th~ U S i Geoiogicai Survey (USGS) suggests that s[reams within the Cook Inlet Basin may warm by3°C in the coming years. This is based on a model that simulates future trends in water temperature i i based on increased air temperature due to climate warming. · Niniichik River was one of the !5 sites predicted to see a 3°C i change, a magnitude considered significant for the incidence of ~ disease in fish populations. To collect stream temperature data. Cook Inlet Keeper i deployed twenty temperature loggers across the Anchor River, Stariski Creek, Deep Creek and Ninilchik River in 2004. Loggers were programmed to collect data at 15-minute inter- vais to quantify how many hours per day and how many days per season salmon stream temperatures exceed state stan- " dards. Sites were selected at major confluences to provide ; information about the relative contribution each major tributary makes to overall stream temperature. Preliminary analysis of data from the lower Anchor River shows water temperatures exceeded 13°C on 86 days and exceeded 15°C on 70 days during 2004. GiS coverages of land use activity will be used in an attempt to identify potential causes of elevated temperatures. Temperature logger deployment in the summer of 2005 will focus on sub-watersheds of concern based on the 2004 data. During the past year, Keeper has also worked to establish the first citizen-based water qual- ity laboratory in Alaska at Keeper's headquarters in Homer. This lab will serve as a community resource to the Kenai Watershed Forum and other groups and agencies doing water quality research, and will enhance existing monitoring programs where scientist and citizens work together tto better understand and protect our changing water resources. For more information about Cook Inlet Keeper's monitoring programs and data collected on e lower Kenai Peninsula, check out Keeper's web site at www. inletkeeper, org. ~'/ Currents · Page 5 As of ! 2/31/2004 ThanJ<You! Thefollowina peoDienave.~ecent:Jvcon~cribu~ea to,ne J<enai Wat:ersned Forum. 3enefactor- :~500 Catherine Cassidy & ~rik Huebsch Sara & Ken Hepner River Steward - $100 Lisa Parker and Steve Hom Marion Nelson Liz Schmidt and Bob Correia Brenda Stoops and Paul Dale Dale Bondurant Phil & Amanda North Jean & Clay Brockei Joey & David Banks Calvin & Jane Fair Ken & Judy Marlow Ryan & Laurie Kapp :..,hns Degemes & Bill Shuster James & Colleen Fassier Mike Navarre Bill Stockwell David Carey Laura Sievert & Curt Wilcox Kenaitze Indian Tribe, IRA Tara & Robert Ruffner Ed Berg O'Connor & Joss BurKe ,~ane & Jack Handy :~.on & Karen Martineili ~,,.;hinooK- ~,~50 -:.:,m & Lvn HoC]el Nathan Bailv ',,om Knock ChucK & Betty. Obendod ~'eter Micciche ,oe & Billie Hardy --:.:.'ominique Collet ?v!ike & Susie Howard Mary.. Bozza Bart) & Ancei Johanson '/Varren Hoflich A. verv& Kimberiv Hansen Bill & Becky Hutchinson Sob Shaveison Shetaon & Debbie Ruffner ¥',/illiam & Lois Nelson ,~ockeye- $25 Paul Moses Mary Price Pete Sprague SeW & Byron Bondurant D. Knudsen Jean Romig :-d.L. Schoiten '?.:ien & Laraine Hanson :vlarione Hays _ouise Dubois ~-Ron Gravenhomt q3eorge McDowetl .Jonn & Leslie Morton ~.obin & Shannon 'West Bari)ara & Will Burke ,Jack Dean Jeff & MP King James Bennett .~;,aire & John LeClair ~arbara Olson Ann Garibaldi Jerry. Dixon Don & Trish Roderick 3molt- $10 , ~anice Rodes Jim Fisher Gerald Brookman Additional Contributions Austin & Jean Terrell Cheri Edwards Kenai Watershed Forum PO Box 2937 Soldotna, AK 99669 Nonprofit Org. US Postage PAID Anchorage, AK Permit #537 HAYOR JOHN WILLIAMS & CITY COUNCIL MEMBERS CITY OF KENAI ~_:10 FIDALG© AVE STE 200 KENAI AK 99611-7750 NUTRIENTS STUDY FUNDED Stream Ecologists are able to use stable isotope analyses of stream organisms and stream- side vegetation to determine sources of the particular elements. This means that we can find out if nitrogen, oxygen, or sulfur atoms in various living tissues inave come from the oceans in the form of salmon carcasses, or from the surrounding atmosphere or soil. These elements are referred to as Marine Derived Nutrients. This kind of information is important in understanding the role that salmon ~ play for the entire flora and fauna of the watershed. There was an attempt to begin a study of these nutrients a couple years back but the study ' never materialized. However, some of the top experts in the world were still interested in doing the .research. The Kenai Watershed Forum felt that it was an important area to study and we agreed to put some of our research funds toward the project. A proposal was sui~mitted to the Kenai River ~ Sportfishing Association and they have agreed to match our funds. We now have enough money ! to support the Marine Derived Nutrient studies within the Kenai Watershed for the next two years. We are currently looking for additional funding to continue this study beyond two years. The researchers are currently gearing up to start taking samples and analyzing nutrient sources next summer. The three principle investigators will be Dr. Mark Wipfli and Dr. Sandy Milner ; ~of UAF and Dr. John Richardson of University of British Columbia. They are widely published ~ authors and internationally renowned experts in the areas of Marine Derived Nutrients as well as A- : rctic Streams. !Thank you to the ~..~~'~ 'r ~ ~,SSOC for partnering , ~ with us on this project! Their support has helped make this proiect possible. Thank you! J Coastal .America Partnership Award On February 7 in Anchorage the project to restore the natural gradient and velocity of Silver Salmon Creek was honored with a Coastal America Partnership Award. Only a handful of outstand- ing projects receive this award each year from Coastal America, a partnership of the Executive Office of the President, 12 federal departments, and state, local and private organizations. Timothy · . R. E. Keeney, Deputy Assistant Secretary for Oceans and Atmosphere. National Oceanic and Atmospheric Administration, US Department of Commerce presented the award during the Alaska Forum on the Environment luncheon. '~lt brings me great pleasure to be presenting this award," t Keeney said. ~'Your efforts- from the federal and state government, to non-profit organizations, to private citizens and tribal organizations- indicates your collective dedication to preserving the his- toric and natural resource values of this special place." in his letter of congratulations, President Bush added "1 applaud the Silver Salmon Creek Restoration Team's hard work and dedication to conserving America's natural wonders ..... Your efforts help protect our environment and maintain the beauty of our country for future generations." 'The Coastal America Partnership was established in 1992 to protect, preserve and restore our coastal watersheds by integrating federal actions with state and local government and non-gov- ernmental efforts. Federal partners include the Departments of Agriculture, Air Force, Army, Commerce, Defense, Energy, Housing and Urban Development, Interior, Navy, State, Transportation, the Environmental Protection Agency and the Executive Office of the President. To recognize outstanding partnership efforts, Coastal America established a national awards )program in 1997. The Silver Salmon Creek Restoration Team is one of ten partnership initiatives -----!' selected to receive the 2004 award. "This project came together only because everyone involved Lw made significant and meaningful contributions to the effort." said Robert Ruffner of the Kenai atershed Forum. ,~ Currenfs · P(~ge 3 Tucked within towering mountains and deep glacial fjords, the upper Taiya Inlet watershed is a i place of intense beauty and colorful history. The watershed is located approxima[ely 90 miles no i of Juneau, at the northern terminus of the Lynn Canal. The Taiya Inlet Watersined Council (TIWU., 'was formed in 2003, when Skagway community members, area businesses, federal, state and local government, and others came together to bring watershed stewardship to the region. TIWC is a broad-based, local partnership established to improve the conditions and human values of our watershed. " Their mission is to work towards protecting and improving the health of the watershed through education, communication, research and restoration. · ...,.~. . Currently, TIWC is working on · building the capacity of our new organization, education and out- reach programs, and restora- tion. Their most exciting proj- ect is our Pullen Creek restora- tion, a creek that flows through Taiya Inlet Watershed the busiest part of downto, Skagway and into the Skagwk., Harbor. in 1986, the creek was placed on the Clean Water Act Section 303(d)list of Impaired Water Bodies as a result of elevated levels of metals. In addition to the heavy metals contamination, Pullen Creek has other issues affecting water quality and fish habitat including trampling, fish passage obstructions, riparian area reduction, sedimentation and urban runoff. Due in part to Pullen Creek's prominent location in downtown Skagway, the site has an amaz- lng educational potential. Each year, lit- erally hundreds of thousands of visitors walk by this reach of Pullen Creek while visiting downtown Skagway, or pass it on their way out of town while riding the WP&YR railroad. TIWC's restoration t project on the creek will restore fish! passage, improve instream and riparian habitat, create access to the creek that will no longer damage streambanks, and provide interpretive displays to educate thousands of visitors about salmon, watersheds and aquatic resources in Southeast Alaska. For more information about the Taiya Inlet Watershed Council please contact Amber Bethe, Coordinator, at 983-2426, abethe@taiya.org. Nahku Bay Clean-up Currents · Page 4 Kenai Peninsula Boro.ugh 5 April 5, 2005 - 7:00 p.m. Assernb Regular Meeting Borough Assembly Chambers, Soldotna, Alaska Jar), Superman 4ssembly President geat 3'-.Nikiski Term Expires 2007' Ron Long Assembly Vice President Seat 6- East Peninsula. Term Expires 2006 Dan Chay · 4ssembly Member Seat 1 - Kalifornsky Term Expires 2006 Paul Fischer Assembly Member Seat 7- Central Ter' ....... ,ires 2007 Be. Aick Assembly Member Seat 2 - Kenai Term Expires 2.005 Milli Martin Assembly Member Seat 9' South Peninsula Term Expires 2006 .. Grace Merkes Assembly Member Seat 5 - Sterling/Funny River Term Expires 2005 . Chris Moss Assembly Member Seat 8- Homer Term Expires 2005 Pete Sprague Assembly Member Seat 4 - Soldotna Term Expires 2007 A® Co De· ge Ge H® I® CALL TO ORDER PLEDGE OF ALLEGIANCE` INVOCATION ROLL CALL COMMITTEE REPORTS APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed.with an asterisk (*) are considered to be routine and non-controversial by the Assembly and ·will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. APPROVAL OF MINUTES *1. February 16, 2005 Board of Adjustment Minutes ............. 1 *2. March 1, 2005 Board of Adjustment Minutes ................ 9 *3. Mareh'l 5, 2005 Regular Meeting Minutes :.. - .11 COMMENDING .RESOLUTIONS AND PROCLAMATIONS le Proclamation Declaring June 3-4, 2005 as the American Cancer Society's Relay for Life on'the Kenai Peninsula'(Mayor) '. .... 20 PRESENTATIONS-WITH PRIOR NOTICE (Limit to 20 minutes total) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) REPORTS OF COMMISSIONS AND COUNCILS April 5, 2005 Page 1 of 7 Le ~[A¥OR~$ ]~EPORT ................. ' ............ ' ......... le Agreement and Contracts 21 'Spruce Bark Beetle Mitigation Program- . · Approval of contract with Tinker creek Surveys for Voznesenka # 1 Add-On Surveying Project ........................... 22 Approval of contract with Precision Milling for Tusmme~ Lake Road #2 ROW Project ................. · ............... 24 Approval of contract with Precision Milling for Tusmmena Lake. #3 ROW Proj eot ................. ' ....... · .... 26 Approval of contract with Paul's Services for Highland Drive #2 ROW Project ..... '......' ...' .............. ' ......... 28 Approval of contract with Skookum ConstructiOn for Sterling Highway Log Removal Project .................. - ........30 be Approval of sole source contract with Ron Moore for Bus Extrication Course at CES ............................................. 32 Ce Approval of bid award to Great Bear Ford for purchase of Vehicle. for Road Service Area ...... ' ................................... 34 2. Other Me Ne Litigation Status Report - March 24, 2005 ITEMS NOT COMPLETED FROM PRIOR AGENDA PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) le .. e .Ordinance 2004-19-40: Authorizing the SouthPeninsula Hospital to Redirect $115,000 Previously ApprOpriated for a Hematology Analyzer to the Purchase of Surgical Equipment and Instruments (Mayor) (Referred to Finance Committee) · ..... ''" ..... ' ........................ ' ........................... 39 ....Ordinance 2004-1941' Appropriating Funds to Enhance Ice-Making at the Jason Peterson Memorial Ice Rink (Mayor) (Referred to Finance Committee) ...... 42. , .Ordinance 2004-19-42: Appropriating Funds for the Road Service Area Bruno Bridge Capital Improvement Project (Mayor) (Referred to Finance Committee) 45 April 5, 2005 Page 2 of 7 Oo e e ' e . . · Ordinance 2005-04: Enacting KPB 5.08.025 Establishing Guidelines for Service Areas to Borrow Money from the General Fund for Capital Acquisitions (Martin) (Final Hearing)' (Referred to Policies and Procedures Committee) ........... 47 Or~in_ance 2005-04 (M~) Substitum.,,: Enacting 5.08.025 Establishing Guidelines for Service Area to Borrow Money from the General Fund for Capital Acquisitions (Martin) (Refe~ed to Policies and Procedures Committee) .. .... 54 Ordinance 2005-05: Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a Proposition Authorizing the Borough to Impose this Tax (Glick) (Final Hearing) (Referred to Policies and Procedures Committee) ............. · ........... 57 OrdinanCe 2005-05 (Glick) Substitu~: Enac~g KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the SUbmission to the Voters 'ofa Proposition Authorizing the Borough to Impose this Tax (Glick) (Referred to Policies and Procedures Committee) .......... , ........................ 67 Ordinance 2005-07: Amending KPB 5.12.105(A).to Limit the Property Tax Exemption for Senior Citizens, Disabled Veterans, and Surviving Spouses Thereof to $300,000 in Assessed Value (Sprague) (First of Two Hearings) (Referred to Policies and Procedures Committee) ....... ' ..... ...... ., ............... 86 Ordinance 2005-08: Amending KPB 2.52 to.Clarify Procedures Regarding the Records Managemem System (Superman at the Request of the Borough Clerk) '(Referred to Policies and Procedures Committee) '. ...... 102 Ordinance 2005-12.:'Amending KPB 5.18.450 to provide Parity Between Local- and Out.of Jurisdiction Service providers (Chay) (First of. TWo Hearings) (Refereed to Policies and Procedures Committee) ...... ' ................ 104 UNFINISHED BUSINESS NEW BUSINESS 1, Bid Awards Resolution 2005-026: Authorizing Award of a Contract for Special Inspection and Quality Assurance Testing Services, Group A, for the Central Peninsula General Hospital Project, Phase 2 (Mayor) (Referred .. to Finance Committee) .............. ~ ......................... April 5, 2005' Page 3 of 7 2. Resolutions April 5, 2005 ge Resolution 2005-027' Supporting the Seward Laminated Veneer Lumber (LVL) Plant and the Nikiski Medium Density Fiberboard (MDF) Plant (Superman, Long) (Referred to Legislative Committee) ............ 109 *b. Resolution 2005-028: Supporting HB 195 "An Act Appropriating Funds to Reimburse Municipali'ties for Real Property Tax Revenue Lost Due to the Mandatory Senior Citizen and Disabled Veterans Exemptions" (Superman) (Referred m Legislative Committee)''. ................ 116 ~ . *¢. Resolution 2005-029: Supporting the Continuation of the Kenai Spur Extension Road Project (Mayor) (Referred to Finance COmmittee) . .. 120 *d. Resolution 200.5-030: Authori~ng Unexpended'Funds from Projects that Have Been Completed or Canceled to be Transferred to the Road Service Area Capital Project Fund Balance (Mayor) (Refereed to Finance Committee) ........................................ 125 .. Ordinances . · . Ordinance 2004-19-44: Appropriating Funds from the Kenai Middle School Bleacher Project to the Seward Middle School Bleacher Project for New Bleacher Placement and Redoubt Elementary School Fire Alarm Improvemems (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee) .......... . ..................... · ............... 128 *b. .OrdinanCe 2004-19-45: Accepting an Ambulance from the Southern · Region Emergency Medical Services Council, Inc. on Behalf of Anchor Point Fire and Emergency Medical Service Area and Appropriating a $10,000 Local Match (MaYor) (Hearing on 05/03/05) (Referred to Finance Committee) ............................... . .... ".. 131 *¢. Ordinance 2004-19-46: Appropriating Supplemental Funding to Cover Health Insurance Cost in Excess of Budgeted Amounts (Mayor) (Hearing on 05/03/05) (Refe~ed to Finance Committee) ....... ' ........... 136 Ordinance 2004-19-47: Appropriating $1,176,940.95 to the Fiscal Year 2005 Road Service Area Capital Improvement Project Fund and Redirecting $75,000 from Previously Authorized Projects to Provide Additional Funding for the New Projects (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee) ............................. 139 Page 4 of 7 *f. *h. *i. Ordinance' 2004-1948' Accepting and ApPropriating a Direct Lump Sum' Pa .ymem of $2,071,000 from the U.S. Forest Service to ImPlement the Spruce Bark Beetle Action Plan (Mayor) (Hearing on 05/03/05) (Referred to Finance COmmittee) ......... ' '..' .... 142 'Ordinance 2004-19-49: Accepting and Appropriating a State Grant in the Amount of $45,000 for the Nikiski Community Center Renovations (MaYor) (Hearing on 05/03/05) (Refe~ed to Finance Committee) .... 149. Ordinance. 2005-17: Authorizing the Negotiated' 'Sale of a Tax Foreclosure Parcel Previously Retained for Public purpose (Mayor) (Hearing on 05/0'3/05) (Referred to Lands Committee) - 156 Ordinance 2005-18' AUthorizing Negotiated Leases of Space at the Kenai River Center Building with the State of Alaska, Department of Natural Resources, and the United State Environmental Protection. Agency (Mayor) (Hearing on 05/03/05) (Referred to Lands Committee) ................................................... · .... 179 Ordinance 2005-19' Repealing KPB 2.56.005 and Enacting KpB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor) (Hearings on 05/03/05 & 05/17/05) (Referred to Lands Committee)- . ................. . ............................ 211 e ' 'Other *b. Mayor's Veto of Ordinance 2004-35 (Referred to Policies and Procedures COmmittee) ....................... ,.. ............ 215 Petitionto Vacate 40-feet ofthe'50-foot utility and public fight ofway easement along the southern boundary of Tract 2 of Monson Tract (Plat HM 79-82); 8ec.tion 29, Township 2 SOuth, Range 14 West,. Seward · Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File · 2004-269. Note: A 10' Pedestrian Easementto be Retained, Petitioners: Acea D. & Marge Rollins and wayne E. Jones °fNinilchik, Alaska. Location: West of Sterling Highway in Ninilchik (Referred to Lands Committee) · 219 e e eee el el · eeeee ee ele.e eec e eee ~ e el e. e" e e e · t · e · [Clerk's Notei" The Planning Commission approved the above referenced vacation during its regularly scheduled March I4, 2005 meeting.] April 5, 20'05 Page 5 of 7 Q® R® 0 ' T® *¢. *d. Approving the Application for New Liquor License filed by Alaska Center for Creative Renewal in Halibut Cove, Alaska (Referred to Finance Committee) . .............................................. 234 · , Approving the Application for Restaurant Designation filed by Alaska Center for Creative Renewal in Halibut Cove, Alaska (Referred to Finance Committee) .......... · ............... · ....... ' ......'243 Confirming Sherry Biggs as the New Borough Clerk Effective May 1, 2005 and Setting the Salary (Referred'to Finance Committee) PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes Per speaker) .. ASSEMBLY MEETING AND 'HEARING ANNOI~CEMENTS April 19, 200507:00 PM Regular Assembly Meeting Soldoma ASSEMBLY COMMENTS PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) le Ordinance 2004-.19-43' Accepting and Appropriating a Grant from the U. S. Department of Homeland Security in the Amount of $51,818 for Firefighting Equipment for Kachemak Emergency Services and Appropriating $5,757 for the Local Match (Mayor) (Hearing on 04/19/05) (Referred to Finance Committee) e Ordinance 2005-07: Amending KPB 5.12.105(A) to Limit the Property Tax Exemption'for Senior Citizens, Disabled Veterans, and. Stnwu~ving Spouses Thereof to $300,000 in Assessed Value (Sprague) (F~ Heating on 04/19/05) (Referred to Policies and Procedures' Committee). · . Ordinance 2005-09: Amending the Borough Code 'to Provide for InCreaSed Revenue Enhancement Measures Including Reducing the Senior Citizen/Disabled Veterans Property Tax Exemption to the First $200,000 in Value of Real Property Otherwise Eligible for the Exemption~ increasing the Borough Sales Tax Rate to 2.5 Percent, Amending KPB 5.'18 to Provide that Taxes on Recreational'Package · Sales Shall be Calculated on a Per-Person Per-Day Basis, Imposing a Cap'on the. Amount of Funds Held in the Land Trust Fund (Mayor) (Hearings on 04/19/05, 05/03/05 & 05/17/05) (Referred to Finance Committee).. April 5, 2005 page 6 of 7 41 Se Ordinance 2005-10: Confirm~g the Assessmem Roll for the Tustumena Terrace Utility Special AsseSsmem District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Hearing on 04/19/05) .(Referred to Finance Committee) · Ordinance 2005-1 !..' Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District ofthe Kenai Peninsula Borough (Martin) (Hearings on 04/19/05 & 05/03/05) (Referred to Lands Committee) Ge Ordinance 2005-12...: Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service ProViders (Chay) (Final Hearing on 04/19/05) (Referred to Policies and Procedures Committee) ~ Ti Ordinance 2005-13' Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Hearings on 08/02/05 & 08/16/05) (Referred t° Lands Committee) . .. Ordinance 2005- .15.' Amending KPB 5.18.430 to Delete Subparagraph B, Which Provides that Service Provided on Account are Taxed on a Maximum of $500 for Each Billing Per Account (Chay) (Hearings on 05/03/05 & 05/17/05) (Referred to Finance Committee) .. 1 Ordinance 2004-36' Amending KPB 5.18.430, Sales Tax Computation- Maximum Tax, BY Increasing It From $500 to $1000 (Mayor) (Referred to Finance Committee) (Tabled on 03/01/05) Ue INFORMATIONAL MATERIALs AND REPORTS V® NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting ofthe Kenai Peninsula Bor°ugh Assembly will be held on APrii 19, 2005, at 7:00 P.M. in the Borough Assem~ bly Chambers, Soldoma, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central 'Peninsula), 'KBBI-AM 890 (South PeninSula), K2 0 lA O-FM 88.1 (East Peninsula). Copies of agenda items are available at the. Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 478-4441,' Ext. 2160. Visit our website at www. borough, kenai, ak. us for copies of the agenda, meeting summaries,' ordinances and resolutions. April 5, 2005 Page 7 of 7 MONTHLY PASSENGER ENPLANEMENT ACTIVITY 14,500 13,500 12,500 11,500 10,500 9,500 8,500 7,500 6,500 5,500 4,500 3,500 2,500 1,500 500 ii2001 m2002 '003I ~)o4 112005 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 8,300 7,137 8,216 7,058 8,143 9,044 12,093 10,807 6,334 7,582 7,345 7,494 7,829 7,046 7,371 6,902 6,880 6,740 9,979 8,644 6,684 6,309 6,023 6,249 5,280 5,375 5,848 5,988 9,445 7,674 6,435 6,120 5,820 6,688 6,454 5,602 6,326 5,922 5,993 5,618 5,700 6,023 5,525 6,184 6,869 10,654 8,945 6,838 6,489 6,245 6,410 ,, 5 yr. Change Average Change from 2001- from 5 yr. Month 2005 2004 2004 2005 Average Jan 6,023 6,326 -303 6,989 -966 Feb 5,525 5,922 -397 6,246 -721 Mar 6,184 5,993 -I 91 6,609 -425 Apr 5,618 May 5,700 Jun 6,869 .... Jul 10,654 Aug 8,945 Sep 6,838 Oct 6,489 Nov 6,245 Dec 6~410 }Is 17,732 82,009 -891 19,844 -2,112 Municipal .l ... E AGENDA 4 ~,_...¢AI CITY COUNCIL- REGULAR MEETING APRIL 6, 2005 7:00 P.M. ,~.~,~.~ KENAI CITY COUNCIL CHAMBERS KENAI. ALASKA h ttp ://www. ci. k e na i. a k. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2078-2005 (as amended) -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." 2. Ordinance No. 2085-2005 -- Clarifying KMC 22.05.080(a) and Amending It by Adding Language to Allow the City to Lease, Devote or Grant Real Property to Qualified IRS Section 501(c)(3) Non-Profit Corporations Without Public Sale at an Agreed-Upon Consideration. 3. Ordinance No. 2086-2005 -- Declaring Parcel #049-130-14 KN0001422 T05N R11W S01 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is Needed for a Public Purpose. 4. Resolution No. 2005-08 -- Increasing the Water and Sewer Rates. 5. Resolution No. 2005-09 -- Approving the Sale of Lot Five (5), Block One (1), Evergreen Subdivision, Kim Addition. 6. Resolution No. 2005-10 -- Transferring $4,400 in the Water and Sewer Special Revenue Fund to Pay Increased Communication Expenses. 7. Resolution No. 2005-11 -- Requesting the State Legislature to Provide Funding to Municipalities for PERS Increases. 8. *Liquor License Renewals a. BPO Elks Lodge #2425/Club b. Rosita's Mexican.Restaurant/Beverage Dispensary License c. The Rainbow Bar/Beverage Dispensary License ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $2,500 3. *Ordinance No. 2087-2005 -- Amending KMC 23.40.030(f) to Change the Amount of Leave Time an Employee Who Works the Equivalent of a 56-Hour Work Week Must Take Per Year From 112 Hours to 80 Hours. 4. *Ordinance No. 2088-2005-- Amending KMC 23.30.110(b) and (c) to Change the Automobile Expense Mileage Rate From $.30 Per Mile to the Standard IRS Mileage Rate and Change the Per Diem Travel Expenses From $35.00 to $50.00 Per Day. 5. *Ordinance No. 2089-2005 -- Replacing KMC 4 to Adopt: 1) the International Building Code, 2003 Edition of the International Code Council; 2) the International Property Maintenance Code, 2003 Edition of the International Code Council; 3) the International Mechanical Code, 2003 Edition of the International Code Council; 4) the Uniform Plumbing Code, 2003 Edition of the International Association of Plumbing and Mechanical Officials; 5) the National Electrical Code, 2005 Edition of the National Fire Protection Association; 6) the International Fuel Gas Code, 2003 Edition of the International Code Council; 7) the International Residential Code, 2003 Edition of the International Code Council; and 8) the International Existing Building Code, 2003 Edition of the International Code Council. 6. *Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, First Printing. 7. *Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus Operators. 8. Discussion/Approval -- Termination of Lease/Kenai Municipal Airport, Space 21 -- Roger and Linda Petrey, d/b/a Wing's Family Diner. 9. Approval -- Request to Lease/Kenai Municipal Airport, Space 21 -- Dorothy A. Fischer, d/b/a Alaska's Best Travel. 10. Discussion -- Agrium U.S. Inc. Petition for Trade Adjustment Assistance 11. Discussion -- Airport Land Development EXECUTIVE SESSION -- Negotiations regarding repurchase of airport property. ITEM P: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D232/211 MAKE PACKET,S ¢OUN¢]:L PACKET D]:$TR]:BUT]:ON COUNC:EL MEE'I'ZN~ DATE: Mayor/Council Attorney ~ Taylor/$prin~er/Kebschull Clerk ./ City Mana~ler ~ Public Works Police Department ~ Finance / En~/inee~ ,Senio~ Cente~ ~ Airport ~ Klm Library / Pa~ks & Recreation ~ Clarion Fire Deportment ~ $chmidt ~ Mellish VISTA ~ Olson (Mail) v~,, Governor's Office/5. Davis i AGENDA D]::$TI~BUT]:ON 5ewer Treatment Plant 5treats Shop Dock Building/Maintenance Animal Control War er / 5ewer Count er DEI_I:VER ,, Council Packets to Police Department Dispatch desk. The Clarion, Davis, KSRM, Mellish & 5chmidt's Office will pick thei~ packet up in my office. Mail Representative Olson's to State CapitOl, Room ZZO, ,Tuneau (mailing labels in Dyno Label list). The portion of the agenda published i~¥ the Clarion should be emailed as soon as possible afte~ Noon on packet day. The ceme~a- ~ead¥ agenda c'/myfiles/documents/minutes/agenda fo~m fo~ paper)is emailed to Denise at £¢n/nsu/a (/a~/on (at email folde~ Work Session/Special Meetings, Composition in Contacts o~ Ibell~acsalaska.net). Home Page documents (agenda, ~esolutions, o~dinances fo~ public hea~ing, and o~dinances usually emailed to me and ]: hold them in my HTML file. Place them onto the city's website with D~eamweave~ f~om the~e as soon as possible before leaving the office fo~ the weekend.