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HomeMy WebLinkAbout2005-04-20 Council PacketKenai City Council Meeting Packet April 20, 2005 AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 20, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ITEM A: CALL TO 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: , iTEM C: ITEM D: ITEM E: ITEM F: , , SCHEDULED PUBLIC COMMENTS (10 minutes) Kenai Middle School Students -- Kossack Korner Clothing Drive Jason Elson-- Donation of Land UNSCHEDULED PUBLIC COMMENTS (3 minutes) REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCII~ BOARD AND KENAI CHAMBER OF COMMERCE PUBLIC H _EA_ ~!NG8 Ordinance No. 2087-2005 -- Amenciing 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. a. Substitute 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 ! 12 Hours to 84 Hours and Lower/lag From 80 to 60 Hours Per Week the Amount of Leave Time That Must be Taken for Employees Working 40 Hours Per Week. 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. o o , . . , . 10. ITEM G: . ITEM H: . ITEM I: le 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. Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, First Printing. 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. Resolution No. 2005-12 -- Transferring $3,372 in the General Fund for a New Ice Machine at the Senior Center. Resolution No. 2005-13 -- Transferring $5,400 in the Airport Terminal Enterprise Fund for Personnel Services. Resolution No. 2005-14-- Supporting the Efforts of the Kenai Economic Development Strate~ (KEDS) by Directing the City Administration to Appoint a KEDS Steering Committee Member and to Continue its Close Work With the KEDS Working Group. Resolution No. 2005-15 -- Awarding a Contract to Kustom Signals Inc. for a Speed/Message Trailer for the Total Amount of $:26,714. *2005 Liquor License Continuance WITHDRAWAL OF PROTEST Alaskalanes Bowling Center. MINUTES *Regular Meetin§ of April 6, 2005. OLD BUSINESS Discussion -- Lawton Acres NEW BUSINESS Bills to be Ratified . . o . . o o . 10. 11. I_TEM J: . 2. 3. 4. 5. 6. 7. I_TEM K: iTEM L: Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2092-2005 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Senior Center Kitchen Capital Project. *Ordinance No. 2093-2005--Amending KMC 14.20.230(g) to Include an Exemption for Certain State Approved Relative Day Care Providers. *Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a Definition of "Condominium." *Ordinance No. 2095-2005 -- Increasing Estimated Revenues and Appropriations by $650 for an Increase in Federal Grant for Wetlands Protection. *Ordinance No. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $2,740,085 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. Approval -- Kenai Golf Course/Amendment to Leases, Parcels A and B {Increase in Fees and Extension of Expiration Dates) Approval -- Consent to Sublease -- SOAR International Ministries, Inc. to Peninsula Aircraft Wash Detail Service/Lot 3 Block 1 General Aviation Apron. ' , Approval -- Kenai Municipal Airport/Terminal Counter Space Lease Spaces 34 and 35 -- Grant Aviation. Approval -- Termination of Kenai Municipal Airport Lease/Space 21 - Fischer and Associates, Inc. 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 REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Possible settlement of Schmidt v. City of Kenai, et. al. ITEM N: ADJOURNMENT MAYOR'S REPORT APRIL 20, 2005 REGULAR COUNCIL MEETING ADD TO: CHANGES TO THE AGENDA L-I~ City Manager Report 4/20/05 Patrick S. Fitzgerald project status letter re' Kenai River Bluff Erosion Study/Project. 4 / 19 / 05 B. Frates email relating to the Arctic Winter Games time line for upgrades at Kenai Multipurpose facility. 4/19/05 A. Varner Mid-Month Department Head report. REOUESTED BY: CITY MANAGER CONSENT AGENDA MAYOR'S REPORT ~0 ~<0----- > LLI , U.l DO ~<0--J z 0 ~0 ~<0--J > z 0 DO ~0~ ARE YOU SPRING (~LEANING? ll(t YOU IIAVE A LOT (IF ~ ',' ES 'T LXIRA CLOTH THAT I)ON FIT YOU OR YOU I)ON'T WEAR ANYMORE? l)O YOU NOT KNOW WHERE TO IIRING TIIEM? KENAI MIDI)LE SCHOOL KNOWS WHERE YOU CAN BRING TIIEM!!! BRING THEM TO THE... ~ ii~ ~i~~ . -. '-. ..... i ~" ~ IF YOU DO DECIDE TO DROP OFF CLOTHES, PLEASE MAKE SURE THEY ARE WASHED, DRIED, AND FOLDED. .l~lease brino clcthin~ In ccd ccndi, ticn. (Not torn, stained CF hiave hcle~ in them. I Drop offs will be on flprii 30', from 9-floon. at the Kenai Sateway, by the snack hal'. Drop boxes will be located at Kenai Middle School. One is located outside the school, and' the'other is at the office. April 12, 2005 The Honorable Pat Porter, Mayor and Kenai City Council 210 Fidalgo Avenue Kenai, Alaska 99611 Donation of land to the City of Kenai for a recreational park alongside the Unity Trail Madame Mayor and Council, After spending a good part of their lives in Kenai raising a family, participating in local politics and being involved overall in the community my parents, James A. and Jo Ann Elson, have chosen to move their residency outside to the lower forty-eight states. However, as they remind me constantly, Kenai will always be their home. In parting they have asked me to fulfill one last task for them. They have asked me to approach the City of Kenai with an offer to donate a parcel of land described as KN0740004 T05N R1 OW S08 Leo T. Oberts subdivision. This lot is 0.72 acres in size and adjacent to the Unity Trail, at the top of the hill, at mile four of the Kenai Spur Highway. The current Kenai Peninsula Borough appraisal of this lot is $27,800.00. It is my parents wish that this parcel be used for recreational purposes and, given its location to the Unity Trail, its best use may be as a rest stop for travelers along the trail. My parents ask only a couple of considerations in donating, this property. lo That the property be used for recreational use only. At such time as the City would no longer require it for that use then the property would be returned to my parents or their rightful heirs. e That any park or rest stop carry our family name and be posted as such. Our family would be willing to share in the costs of signage. ge That creation and use of the park or rest stop occur within three years or else the property would be returned back to my parents or their rightful heirs. Donation of land ...(cont.) My parems loved this community and wish to give the residents and visitors of the City of Kenai a lasting gift. On behalf of my parents James A. and Jo Ann Elson I would sincerely appreciate your consideration in this matter and stand available to assist the City in receiving this donation. Should you have any questions or concerns about this matter please do not hesitate to contact me. Sincerely, Jason A. Elson P.O. Box 2712 Kenai, Alaska 99611-2712 907-283-3403 ~/Vl 7 ('0' 7'0 ~.ROeO,V ) ~.00 :oGk 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 liability 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(t] 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 workin~ less than forty [40) hours per week shall be required to take the sa_me 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: SUBSTITUTE Administration CITY OF KENAI ORDIN~CE 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 84 HOURS AND LOWERING FROM 80 TO 60 HOURS PER WEEK THE AMOUNT OF LEAVE TIME THAT MUST BE TAKEN FOR EMPLOYEES WORKING 40 HOURS PER WEEK. 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 84 hours per year would reduce the overtime liability for the City; and, WHEREAS, a similar percentage adjustment (from 80 to 60 hours per year) should be made in the amount of leave time requested to be taken for employees working forty hours per week; and, WHEREAS, such a reduction in overtime liability 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(f) is amended as follows: 23.40.030 Annual leave. (f) It is required that each employee use a minimum of [EIGHTY (80)] sixty (60J hours of leave per calendar year for employees working forty (40) hours per week, and [ONE HUNDRED TWELVE (112) ei~hty-four (84) hours for employees working 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., a_n employee workinff twenty (20) hours per week would be required to take thirty (30) hohrs 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. Ordinance No. 2087-2005 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 (4/14/05 kh) 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, ALASKA, 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 rotation; 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 practicE. 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 20t~ 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 2005 Standard Mileage Rates Set Page I of l Internal Rc' 5;cr, icc I RS,a , iiiii ill, 2005 Standard Mileage Rates Set IR-2004-139, Nov. 17, 2004 WASHINGTON -- The Internal Revenue Service today released the optional standard mileage rates to use for 2005 in computing the deductible costs of operating an automobile for business, charitable, medical or moving expense purposes. Beginning Jan. 1, 2005, the standard mileage rates for the use of a car (including vans, pickups or panel trucks) will be: · 40.5 cents a mile for all business miles driven, up from 37.5 cents a mile in 2004; · 15 cents a mile when computing deductible medical or moving expenses, up from 14 cents a mile in 2004; and · 14 cents a mile when giving services to a charitable organization. The 3-cent increase in the business mileage rate was the largest one-year rise ever. The primary reasons were higher prices for vehicles and fuel during the year ending in September. The charitable standard mileage rate is set by law. The standard mileage rates for business, medical and moving purposes are based on an annual study of the fixed and variable costs of operating an automobile. An independent contractor, Runzheimer International, conducted the study for the IRS. A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS), after claiming a Section 179 deduction for that vehicle, for any vehicle used for hire, or for more than four vehicles used simultaneously. Revenue Procedure 2004-64 contains additional information on these standard mileage rates. Related Item' Revenue Proceaure 2004-64 Ssbs('.:r~r)e to iRS Newsw~re http://www.irs.gov/newsroom/article/0,,id= 131232,00.html 4/13/2005 Suggested by: 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 PORTER, MAYOR 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) 4.10International Property Maintenance Code 4.15Uniform Sign Code (Repealed) 4.20 Mechanical Code 4.25 Plumbing Code 4.30 Electrical 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 1 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 Intemational 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 Safe _ty 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 Safety 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-1, 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 gypsum 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] ! 025) 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 si~_l_a- 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 abili _ty of occupants, residents, and staff as a group either to evacua_te 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 abili _ty to reliably move to a point of safety in a timely manner as measured under Sec. 419.3; "Prompt evacuation capabili _ty" 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 capability" 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 ofthe 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 capabili _ty. Changes to the evacuation capabili _ty 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 safetv~ 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 capability 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 Capability and Fire Protection Requirements. Fire protection requirements of a facility under this section are as follows: 419.4.1 Prompt Evacuation Capabili _ty. 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 Capabili _ty. Evacuation capability of more than three but less than 14 minutes indicates slow evacuation capability. In facilities maintaining slow evacuation capabili _ty, 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 Capabili _ty. Evacuation capability of fourteen minutes or more indicates impractical evacuation capabili _ty. In facili- ties maintaining impractical evacuation capability, the facility 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- quirements 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. 71 [6]7.4.2 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 120[2]3.2. 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. 71 [6]7.4.2 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 ADDING: ... AND SECTION 1621.2.5 FOR SEISMIC REQUIREMENTS.] 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: "12. System 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 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 battery 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 REFE~NCE 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 equipment 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 ADD1NG THE FOLLOWING: EXCEPTION 2: GRAB BAR HEIGHT ABOVE TANK TYPE WATER CLOSETS MUST BE ADJUSTED TO MEET SECTION 609.3 BUT 1N 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. 12109110.2 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 minimum 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 IN 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 minor 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 24 INCHES (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. 2 701.1 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 rooms 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 IN 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 comers 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. 13 84, 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[1U]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 $50,001.00 $100,000.00 $100,001.00 $50O,OOO.OO $500,001.00 $1,000,000.00 $1,000,001.00 and up Other inspection fees: 1. FEE $23.5O $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 fraction thereof, to and including $50,000.00 $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 Inspections outside of normal business hours (minimum charge: 2 hours) .................................................................................. $47.00 per hour1 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 hour~ 4. For use of outside consultants for plan checking and inspections, or both ................. Actual costs2 1Or 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. 13 84, 1646-95, 1862-2000, 2001-2003) 4.05.040 Exit facilities. Attachment A Page 22 of 56 (Ords. 395, 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 VERBAT1M 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 KMCo" 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 4.2O.O2O 4.20.030 Adoption. Local amendments 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 low-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 furnace 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 TYPE OF PROTECTION Applied to the Combustible Material Unles~ WHERE THE STANDARD CLEARANCE IN TABLE 304.8 WITH NO PROTECTION IS: Otherwise Specified and Covering All Surfaces within the Distance Specified as 36 Inches ] 18 Inches I 12 Inches [ 6 Inches the Required Clearance with No Protection X25.4 for mm Above Sides Chimney or Above Sides Chimney or Above Sides .Chimney or Above Sides Chimney or X 25.4 for mm and Vent Connec- and Vent Connec- and Vent Connec- and Vent .C0nnec: Rear tot' Rear tot' Rear tot' Rear tor i. 'A" insulating mill board spaced out i"3 2. 0.013" (No. 28 manufacturer's standard gauge) steel sheet on 'fi" insulating mill 24 18 24 12 9 12 9_ _6 4 3_ l _2 board 3. 0.013" (No. 28 manufactur~r'~ Standard 8auue) steel sh.eet soaced out 1"3 18 12 18 9 6 _9 -6 4 4 2 ~2 2_ 4. 0.013" (NO, 28 mantlfacturcr's ~tandarcll gauge) steel sheet on I/8" insulating mill 18 12 18 9 6 9 _6 4_ 4_ 2_ 2_ 2_ board spaced out 1"3 5. I i/~,, insulating cement covering on heatinE: appliance 18 12 36 _9 _6 18 _6 4_ 9 2_ I -6 6. ¼" insulating mill board on 1" mineral fiber batt~ r~inforced with wir~ mesh or 18 12 18 6 -6 -6 4_ 4_ 4_ 2_ 2_ 2 equivalent 1. For appliances com_olying with Sections 304.2 and 304.3. 2. Except for the protection described in Item 5, ali clearances shall be m~a~;ured from the outer ~rface of the applianc~ to the combustible material, disregarding any intervening protection ~plied to the q0mbu~;tible material, 3. Spacers shall be of nonc0mbuatible 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 [ 1.73 W/(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 "Ener~ recove~ 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 181A or UL 181B 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 Room Heaters to read: 921516.1 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 has 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.O3O 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) 4.25.015 Local amendments to the 200[0]3 Uniform Plumbing Code. 413.[011 [MIN1MUM 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 INTE~ATIONAL 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 Applicabili _ty. 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 4.30.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 SI K.] 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)] 6L~ Outdoors where accessible from ground level. [(5)] (7)Within 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 IN 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 1N A BUILDING IS LOWER THAN -7C (20F), ELECTRICAL NON- METALLIC TUBING SHALL NOT BE INSTALLED NOR HAVE WIRES INSTALLED 1N 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 of the 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 Adoption. 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." 301.2 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 authori _ty." 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, above ground, a connection capable of absorbing relative motion 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 minimum 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 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 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 4.32 RESIDENTIAL CODE Sections: 4.32.010 4.32.015 4.32.020 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, modified, 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." [RI 06 CONSTRUCTION DOCUMENTS. DELETE SECTION R106.1.3 INFORMATION FOR CONSTRUCTION IN AREAS PRONE TO FLOODING.] R 107.3 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 Safe _ty Journal published by the International [CONFERENCE OF BUILD1NG 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 R 112 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 Seismic Design Category Subject to damage from: Weathering Frost Line Depth Termite Decay Winter Design Temperature Flood Hazards Ice shield under-layment required Air freezing index Mean annual temperature 100 mph D2 Yes, severe 42" No No - 18 deg F No Yes 30OO 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 R30 ! .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 galvanized 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. [R310.1 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 primary power is interrupte& 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 battery 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. IR314.2 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 rNCHES.] [R315.1 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 thermal 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. R3 [22118 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 flaming 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 1 O-inch-thick concrete footing minimum. R404.1.4 Seismic Design Categories D 1 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 of the 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 waterproof'rog 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. IN 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 tress 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/bllowing 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. 2 O01-2 O0 3) 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) Charter 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 of di- lapidated, defective buildings which endanger life, health, property_, and public safety, 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 Delete references to International Ener_~,_ 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 Dep 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/o5 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 Intemational 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 Intemational 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 1 of 11 201.3 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 CHILDCAI:~ 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 N°. 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. 2090r2005 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 RI-l] Amend this section by adding [A THIRD] ~ 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-I 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' e 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" FOURTH PARAGRAPH TO "50"] to read as follows: IN THE "an occupant load of 1 O0 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. [1009.1[ 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 ,, Page9 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: a. Tanks must be located as required for "other tanks" by table 2206.2.3; and, b. 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 IN ONE- AND TWO FAMILY DWELLINGS N.F.P.A. 13R-1999 INSTALLATION OF SPRINKLERS SYSTEMS 1N 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, 51 A- 2001, 51 B- 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 , ~ Pagellofll Suggested by: Admi~ 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 (~ualification 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' Instru.ct?[ ......................... ~T_~,!,~ $ 500/year EMT III ~ $1,000/year ~ (includes EMT II ~ pay) EMT- ii $1,500/year Paramedic I (includes EMT II & (iii) Recognition entitlements for fire fighter $300/¥ear. The eligible'grade is fire fighter. apparatus operator is Ordinance No. 2091-2005 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 Introduced: Adopted: Effective: April 6, 2005 April 20, 2005 May 20, 2005 (3/29/05 sp) Suggested by: Admin .......... CITY OF KENAI RESOLUTION NO. 2005-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $3,372 IN THE GENERAL FUND FOR A NEW ICE MACHINE AT THE SENIOR CENTER. WHEREAS, the ice machine at the Senior Center needs to be replaced; and, WHEREAS, funds are available for transfer in the Buildings department from Repair and maintenance to small tools. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Buildings- Repair and Maintenance $3,372 To: Buildings- Small Tools $3,372 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 Approved by Finance: (4 / 12 / 2005) hl Suggested by: Administ: ...... CITY OF KENAI RESOLUTION NO. 2005-13 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $5,400 IN THE AIRPORT TERMINAL ENTERPRISE FUND FOR PERSONNEL SERVICES. WHEREAS, the Salaries and Benefits budget in the Airport Terminal Enterprise fund needs to be increased due to additional work required for snow removal, plowing, and sanding; and, WHEREAS, funds are available for transfer in the Contingency account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Terminal Enterprise Fund From: Contingency $5,400 To: Salaries and Benefits $5,400 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 Approved by Finance:~ (4 / 12 / 2005) hl Suggested by: Admimsrrauon CITY OF KENAI RESOLUTION NO. 2005-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE EFFORTS OF THE KENAI ECONOMIC DEVELOPMENT STRATEGY (KEDS) BY DIRECTING THE CITY ADMINISTRATION TO APPOINT A KEDS STEERING COMMITTEE MEMBER AND TO CONTINUE ITS CLOSE WORK WITH THE KEDS WORKING GROUP. WHEREAS, the Kenai City Council Resolution No. 2003-07 supported efforts to acquire the VISTA project to develop a strategic economic development plan; and, WHEREAS, the KEDS working group devoted a great deal of time and effort to create a fluid and useful strategic plan dedicated to economic growth in the City of Kenai; and, WHEREAS, the KEDS document was written and presented to various groups around the community to gather valuable feedback; and, WHEREAS, the KEDS working group made numerous revisions to the plan in accordance with community feedback; and, WHEREAS, the KEDS working group considers the document complete and ready for implementation; and, WHEREAS, the next phase of the KEDS is the formation of a Steering Committee to facilitate and monitor activities outlined in the strategic economic development plan, WHEREAS, it is in the best interest of the citizens of Kenai for the City to stay engaged in the economic development planning process. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to support the efforts of the Kenai Economic Development Strategy, by acknowledging receipt of the KEDS report and directing City of Kenai administration to appoint a representative to the KEDS Steering Committee and to continue working in a cooperative manner with the KEDS group in implementing elements of the KEDS report as approved by City Council. 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 Suggested by: CITY OF KENAI RESOLUTION NO. 2005-15 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO KUSTOM SIGNALS INC. FOR A SPEED/MESSAGE TRAILER FOR THE TOTAL AMOUNT OF $26,714. WHEREAS, the following quotes were received by the Kenai Police Department' VENDOR Kustom Signals Inc. Decatur Electronics TOTAL $26,714 $28,960 WHEREAS, the Kustom Signals Inc.'s trailer meets the specifications; and, WHEREAS, there are only two companies that make a speed/message trailer with the Kenai Police Department's desired features; and, WHEREAS, of the two vendors that make a speed/message trailer with the needed features, the Kustom Signals Inc.'s quotation was the lowest; and, WHEREAS, the recommendation from the City Administration is to award the contract to Kustom Signals Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Kustom Signals Inc.'s trailer meets the required specifications and award to this vendor would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for a Speed/Message Trailer be awarded to Kustom Signals Inc. for the total amount of $26,714. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2oth day of April 2005. ' ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: Kenai Police Department Memorandum To' Linda Snow City Manager Thru: Chuck Kopp Chief of Police From: SergeantSandahl t~.~, Date: 4/13/2005 Re: Speed/Message Trailer Bid I have received bids for the speed/message trailer from Kustom Signals Inc. and Decatur Electronics. They are the only two companies that make a speed/message trailer with the police department's desired features. Kustom Signals Inc. has the lowest bid at $26,714. Decatur Electronics provided a bid of $28,960 for a speed/message trailer with the same features. Both bids include shipping. It is my recommendation that the City of Kenai purchase the Kustom Signals speed/trailer due to a savings of over $2,200. Total price: Total price: Kustom Signals Inc.- $26,714.00 Decatur Electronics- $28,960.00 · Page 1 , FAX NO, 9072628823 Thru: From: Subject: Memorandum .~8 da Murphy, Borough Clerk cott Holt, Finance Director ~L. eud Lingafelt, Delinquent Accounts Specialist April 15, 2005 2005 Liquor License Continuance- AlaskaJanes Bowling Center The following business has brought their tax delinquencies in compliance according to borough poJicies. Please be advised that the Finance Department wishes to withdraw the objection to the continued operation of the liquor license for Alaskalanes Inc. dba Alaskalanes Bowling Center as stated in the memo of January 6, 20O5. Please forward us a copy of the letter sent to the ABC board for our records. Thank you for your consideration in this matter. AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 5, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.us _ ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS o Ordinance No. 2078-2005 (As Amended) -- Repealing and Replacing KMC Title 17 Entitled "Pubhc 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. , Resolution No. 2005-09 -- Approving the Sale of Lot Five (5), Block One (1), Evergreen Subdivision, Kim Addition. , , o ITEM G: o ITEM H: ITEM I: o , o o , , Resolution No. 2005-10 -- Transferrm§ $4,400 in the Water and Sewer Special Revenue Fund to Pay Increased Communication Expenses. Resolution No. 2005-11 -- Requesting the State Legislature to Provide Funding to Municipalities for PERS Increases. *Liquor License Renewals a. BPO Elks Lodge #2425/Club b. Rosita's Mexican Restaurant/Beverage Dispensary License c. The Rainbow Bar/Beverage Dispensary License MINUTES *Regular Meeting of March 16, 2005. *March 2, 2005 Work Session Meeting Notes OLD BUSINGS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 *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. *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. *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. *Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, First Printing. . *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. o . 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 o 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 EXECUTIVE SESSION -- Negotiations regarding repurchase of airport property. ITEM N: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING APRIL 6, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / ~vww.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo 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' Blame Gilman Joe Moore Rick Ross James N. Buffer, III Linda Swarner Pat Porter, Mayor Cliff Massie A quorum was present. A-3o AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: Item F-4, Resolution No. 2005-08 -- Water/Sewer rate recommendation / comparison. MOTION: Council Member Buffer MOVED to adopt the agenda with the noted changes and Council Member Massie SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. CONSENT AGENDA MOTION: Council Member Swarner MOVED for approval of the consent agenda and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 2 ITEM B' SCHEDULED PUBLIC COMMENTS-- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS Assembly Member Dan Chay-- Reported he met with representatives of the Senior Connection related to securin§ a site for an assisted livm§ facility. He noted, the Connection is considerin~ three properties, includin§ two borou§h-owned (Lawton/Swires and behind Kenai Central High School) and one city-owned (Mommsen Subdivision). Tim Dillon, North Tinker Road -- Introduced himself as the new General Manager of the Arctic Winter Games and thanked council for their help and support of the Games. He encouraged council and administration to contact him if they had any questions. ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS Assembly Member Betty Glick, 1601 E. Aliak, Kenai -- Glick reviewed actions taken during the Assembly meeting of April 5, including' · Holding the third public hearing on the accommodation tax ordinance. A substitute was introduced to decrease the suggested eight (8%) to four (4%) and include an administrative process. An additional public hearing was scheduled for May 3 in Seward. · A public hearing on the ordinance to limit property tax to senior citizens. The ordinance was amended to remove disabled veterans and a second public hearing was scheduled for April 19. Council Member Buffer thanked Glick for her and the Assembly's efforts in bringing forward revenue enhancer discussions. ITEM E: REPORTS OF KENAI CONVENTION/k VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, Executive Director, KCVB -- Renken distributed copies of the KCVB's new visitor guide, tri-fold brochure and rack card and noted upcoming events in which she would be involved. ITEM F: PUBLIC HEARINGS F-X. 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." KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 3 MOTION: Council Member Massie MOVED for approval of Ordinance No. 2078-2005 (as amended) and Council Member Moore SECONDED the motion. There were no public comments. Moore stated his concern with the property owners' responsibility for line plugs when the property owner is not on the premises (an apartment, rental, etc.). Council Member Ross stated he did not believe it an issue as the plug is usually before the property line. He added, he did not know how else to state the line of responsibility. Ross stated he would support the ordinance because the problem does not arise frequently and if there are problems, the public can bring the concerns to the council. Council Member Swarner stated she agreed with Moore and would not support the ordinance. Council Member Massie stated he believed they all had reservations, but agreed with Ross and would support the ordinance. VOTE: Gilman Yes Buffer Yes Porter Yes Moore No Swamer No Massie Yes Ross Yes MOTION PASSED. F-2o 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. MOTION: Council Member Gilman MOVED for adoption of Ordinance No. 2085-2005 and Council Member Swamer SECONDED the motion. Robert Molloy, 110 South Willow, Suite 101, Kenai -- Requested council to amend the ordinance and change the word "resolution" to "ordinance". He noted, an ordinance would require two public hearings and offer more time for public comment. A brief discussion followed in which it was noted the code does not require sales or leasing by ordinance in any other area of the code, however, land sales/leasing is required to be advertised. MOTION TO AMEND: KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 4 Council Member Ross MOVED to amend Ordinance No. 2085-2005 by substituting "ordinance" for "resolution." Council Member Gilman SECONDED the motion. It was clarified, the substitution discussed in the motion would be made throughout the body of Ordinance No. 2085-2005. VOTE ON AMENDMENT: .Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Gilman i Moore Ross Yes Buffer Yes Porter Yes Yes Swamer Yes Massie Yes Yes MOTION PASSED UNANIMOUSLY. Fo3. 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. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2086-2005 and Council Member Ross SECONDED the motion. There were no public comments. City Manager Snow explained, the city would pay the borough the property taxes owed and in declaring the property needed for public purpose, the city would retain the property, thereby preventing sale of the property by the borough and protecting the city's investment on the assessments of $3,000. She added, the property would be included in a future city land sale. City Attorney Graves reported, a notice was sent to the former land owner at the last known address as required by the code (certified mail). Graves noted, the listed owner is deceased and efforts, though unsuccessful, were made to find heirs. VOTE: KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 5 Gilman Yes Butier Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. F-4. Resolution No. 2005-08 -- Increasing the Water and Sewer Rates. MOTION: Council Member Gilman MOVED for adoption of Resolution No. 2005-08 and Council Member Massie SECONDED the motion. There were no public comments. It was noted, the increase was brought forward to coincide with the water rate study prepared by CH2M Hill several years ago. The rate increase was being made to insure adequate revenue in the Water/Sewer Fund to provide the system enough capital to build new wellhouses, maintain and repair the system, as well to expand the system when necessary. Discussion followed in which comments included: · A lower rate could be an incentive for people to move to the city. · Due to a federal unfunded mandate to remove arsenic from the water, an increase is needed in the Water/Sewer Fund to build it up in order to cover those costs. · The rates were increased last year. At that time, council decided to phase in the suggested increase over two years' time. The fund balance has improved with last year's increase, and with this increase, it is expected to be back at $1.2 million next year. Public Works Manager Komelis gave a brief report on Wellhouse No. 4 progress, noting the city is required to do two pilot projects; firms are being evaluated; it will be close on funds; the land purchase has been a long-term process, but it is getting closer to completion; and the study indicated a $100,000 increase for chemicals should be expected. VOTE: Gilman Yes Buffer Yes Porter Yes Moore Yes Swamer Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 6 F-So Resolution No. 2005-09 -- Approving the Sale of Lot Five (5), Block One (1), Evergreen Subdivision, Kim Addition. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-09 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Resolution No. 2005-10 -- Transfemng $4,400 in the Water and Sewer Special Revenue Fund to Pay Increased Communication Expenses. MOTION: Council Member Massie MOVED to approve Resolution No. 2005-10 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. F-7o Resolution No. 2005-11 -- Requesting the State Legislature to Provide Funding to Municipalities for PERS Increases. MOTION: Council Member Moore MOVED for approval of Resolution No. 2005-11 and Council Member Swarner SECONDED the motion. There were no public comments. MOTION TO AMEND: Council Member Swarner MOVED to amend Resolution No. 2005-11, adding to the third "whereas" "...as determined by the State of Alaska and in FY 2004 the City of Kenai PERS rate was 3.67% and for FY 2006 it is now 13.67%." Council Member Moore SECONDED the motion. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 7 Swarner explained she requested the addition of the wording because the Legislature is not familiar with the rates and she wanted to impress upon them the amount the rates have increased. Ross noted, because PERS rates fluctuate from municipality to municipality and this resolution would be included with other resolutions from around the state and stated he would vote against the amendment, but in favor of the resolution. VOTE ON AMENDMENT: Gilman No Buffer No Porter No Moore Yes Swarner Yes Massie No Ross No MOTION FAILED. Moore requested a copy of the resolution be send to the city's legislative delegation, as well as the House/Senate Finance Committee members. VOTE: Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. F-8o F-8a. F-8b. F-8c. Liquor License Renewals BPO Elks Lodge #2425/Club Rosita's Mexican Restaurant/Beverage Dispensary License The Rainbow Bar/Beverage Dispensary License Approved by consent agenda. ITEM G: MINUTES Regular Meeting of March 16, 2005. March 2, 2005 Work Session Meeting Notes Approved by consent agenda. ITEM H: OLD BUSINESS-- None. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 8 ITEM I: NEW BUSINESS I-1o Bills to be Ratified MOTION: Council Member Gilman MOVED to ratify the bills and Council Member Massie SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Approval of Purchase Orders Exceeding $2,500 MOTION: Council Member Moore 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. 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. Introduced by consent agenda. 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. Introduced by consent agenda. I-5o 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 Intemati6nal 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. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 9 Introduced by consent agenda. I-6o Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, First Printing. Introduced by consent agenda. I-7o Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add Qualification ay of $300 for Fire Fighters Who Qualify as Fire Apparatus Operators. Introduced by consent agenda. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:12 P.M. I-8o Discussion/Approval -- Termination of Lease / Kenai Municipal Airport, Space 21 -- Roger and Linda Petrey, d/b / a Wing's Family Diner. MOTION: Council Member Gilman MOVED to terminate the Kenai Municipal Airport lease, Space 21, Roger and Linda Petrey, d/b/a Wing's Family Diner. Council Member Buffer SECONDED the motion. It was noted, the Petrey's had requested to be present for the item in case their were questions. They were to arrive immediately .after closing the restaurant. Gilman and Buffer withdrew the motion and second and Items I-8 and I-9 were moved to after I-11 on the agenda. I-9o Approval-- Request to Lease/Kenai Municipal Airport, Space 21 -- Dorothy A. Fischer, d/b / a Alaska's Best Travel. Moved to after I-11 on the agenda. 1-10. Discussion -- Agrium U.S. Inc. Petition for Trade Adjustment Assistance Ross gave a brief explanation for the writing of the letter. He noted the letter supports Agrium U.S. Inc.'s petition for Trade Adjustment Assistance which will provide training, etc. for the displaced employees related to the closure of the facility. Council had no objection to sending the letter. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 10 1-11. Discussion -- Airport Land Development Moore reported he requested the item be placed on the agenda in order to further discuss information presented by the airport consultant, i.e. the current process for leasing and selling airport property may be antiquated, etc. He added, after consideration, he believed the discussion would be premature at this time and they should wait for the consultant's end report. Gilman stated how excellent he believed the consultant group and congratulated Airport Manager Cronkhite on the work thus far. Ross stated he was also pleased with the information received, though he had some concerns with the development idea and the maintenance issues the development would cause for Millennium Square. I-8o Discussion/Approval -- Termination of Lease / Kenai Municipal Airport, Space 21 -- Roger and Linda Petrey, d/b/a Wing's Family Diner. MOTION: Council Member Gilman MOVED to terminate the lease of Space 21 and Council Member Buffer SECONDED the motion. Linda Petrey, P.O. Box 576 Kenai -- Petrey indicated they were not terminating the lease in order for the space to be rented to Dorothy Fischer and that they learned they were one payment behind on the rent of the restaurant but are current on Space 21. They will bring the restaurant balance current as soon as possible. VOTE: Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. MOTION: Approval-- Request to Lease/Kenai Municipal Airport, Space 21 -- Dorothy A. Fischer, d/b / a Alaska's Best Travel. Council Member Swarner MOVED to approve the lease of Terminal Office Space of Space 21 to Dorothy A. Fischer, d/b/a Alaska's Best Travel and Council Member Massie SECONDED the motion. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 11 Cronkhite explained, a special use permit is used for short term leasing when there are no competing interests for the lease space. This permit is for a three-month period and on a month-to-month basis. If a competing interest comes forward, the space would be put out to bid. VOTE: Gilman Yes Butier Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. ITEM J' COMMISSION/COMMITTEE REPORTS J-1. Council on Aging -- Council Member Gilman reported a meeting was scheduled for April 7. J-2. Airport Commission -- Council Member Swarner reported the March meeting was cancelled. She reminded council of the next work session scheduled for April 14. J-3. Harbor Commission -- Council Member Massie reported the April 11 meeting was cancelled. J-4. Library Commission -- Council Member Gilman reported a meeting was held on April 3 at which budget concerns and the airport work session were discussed. J-5. Parks/l~ Recreation Commission -- Council Member Moore reported the regular meeting of April 7 was cancelled, but a special meeting has been scheduled for April 21 to further discuss the Section 36 proposed development. J-6. Planning/~ Zoning Commission -- Council Member Ross reported the March 23 meeting had been cancelled. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held April 12. J-7b. Alaska Municipal LeaEue Report -- Council Member Swarner reported she would be attendin§ the AML Fly-In meetin§s and would be absent from the April 20 council meetin§. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 12 J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported the next meeting was scheduled for Thursday, April 14. J-7d. Stranded Gas Committee -- No report. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following: · Eighteen letters were mailed to owners of vacant buildings and she had responses from four. She requested approval for City Attorney Graves to develop a plan for empty buildings. Buffer stated he supported the effort, but was concerned some would see it as an incentive to keep the building empty. No objections were stated for Attorney Graves to research the issue and submit a plan. · She attended an open house at the Recreation Teen Center. She stated she was pleased with the evolvement of the Center and urged council member to stop in. · She is reviewing examples of community foundations to take charitable contributions to the city through 501{3){c) organizations. She distributed information and stated he would like to discuss the issue at a May meeting. · The Red Hat Society will hold the first Red Hat parade on April 25 in Kenai. · Noted a copy of the letter included in the packet to the Mayor of Portland thanking the City of Portland, etc. for their recent assistance. She attended a reception related to "putting resources to work" and the Pebble Mine development. · Asked if the city has a policy whereto council members are notified of an emergency prior to media. Porter requested administration to develop a policy and there were no objections from council. Ross noted, it may be difficult to produce a suitable policy because there are instances when council should be informed and instances when they should not be informed until the emergency is over. Porter requested the issue be a future discussion item. ITEM L: ADMINISTRATION REPORTS L-1. City Manager -- City Manager Snow reported the following items' · The 35-year lease for the FAA tower was up for renewal for an additional 15 years. · She has been working with staff to compile the 2005 dip net fishery management plan. Some problems have occurred in moving forward, i.e. administration is awaiting approved Dunes Road permits from the Department of Natural Resources (DNR) and the Borough. Administration is working toward resolving the problems and the plan will be to council as soon as possible. A brief discussion took place related to beach access options and concerns. She also noted, the Borough and DNR permits were for different points of access and one is needed to do the other. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 13 L-2. Attorney -- City Attorney Graves reported the following: · Rory Espy was hired as code enforcement officer. · He requested permission to write a letter for Mayor Porter's signature related to mending HB 184, the Municipal Firearm Ordinance. There were no objections. L-3o City Clerk-- No report. ITEM M: DISCUSSION M-1. Citizens Larry Semmens, City of Kenai Finance Director -- Reported a Caselle Users' Group met at Kenai City Hall during the last two days for further training on the software. There were 20 users represented from all over the state and three trainers. M-2. Council Moore-- No comments. Swarner -- Asked the status of the helmet law and Snow reported administration was required to develop a plan and has done that and doing all required by the ordinance. Massie -- No comments. Ross -- No comments. Gilman -- Asked the status of the Lawton property development, will it be reclassified, and has the Planning & Zoning Commission been requested to take up the issue. Discussion followed and comments included: · Consensus of council was to place the issue on the next agenda. At this time, the issue would be returned to council first as there are issues relating to sizes of lots, etc. needing council's initial input. · The issue was presented to council as an idea and no concept was decided upon. Council chose to postpone action on it until after the zoning issue was completed and council wished to revisit the matter. · No appeals were fried on the Commission's action and the issue was ready to be revisited by council. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 14 The Lawton property currently is zoned Conservation. Clarification was requested whether the subdivision and reclassification of zoning status could be included on the same ordinance. · When the Limited Commercial Zone (LCZ) was established, it was understood the Planmng & Zoning Commission intended to review other properties to be rezoned as a LCZ as. well as the Lawton Acre properties. · If the Lawton properties were not rezoned, it would not make sense to move forward with a subdivision. It was suggested the Commission discuss the Lawton properties first because of constituent interest in purchasing and developing property in that area. Amendments to the zoning map could be initiated by the council, initiated by the Planning & Zoning Commission, or a majority of the property owners wishing property to be rezoned, a petition of voters in the city, etc. The issue could be placed on the council agenda seeking council approval of an application completed by the city manager. Upon authorization by council of the application, the rezone for Lawton Acres could then be sent to the Commission to begin the public process. If the Commission wished to consider other properties in the city to rezone as well, they could do that up on their own authority. It was suggested the issue be placed on a council meeting agenda prior to sending the issue to the Commission for rezone consideration in order for additional public notice of the issue. Buffer requested to discuss the implementation of the recently LCZ as related to the Comprehensive Plan and request the Commission to report back to council with recommendations, not identifying specific property. · Gilman disagreed, stating it would delay this particular issue and the construction season would be missed by taking that route. He added, because there are constituents interested in acquiring and developing property in that area, he felt it should be brought forward so the issue could be debated, the merits decided, and perhaps could move forward this year. · Ross noted, in this case the city is the owner of the property and council should make the decision to send it to the Commission, learning the public's opinion on the issue. Because there would be several council members absent from the April 20 meeting, council requested the issue be included on the May 4 council meeting agenda. Butl~ -- Thanked Clerk Freas for her efforts in preparing the well-organized large council packet. .gX~2UTIVE 8~8ION -- Negotiations regarding repurchase of airport property. MOTION: KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 15 Council Member Moore MOVED to convene in an executive session of the Council of the City of Kenai concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai, i.e. negotiations regarding the repurchase of airport property. He requested the City Manager, City Attorney and Finance Director to join the council in the executive session. Council Member Ross SECONDED the motion. Council Member Gilman stated objection to the motion as he believed council would be moving too fast as they had not received comments and recommendations from the consultant. He added, he believed it more appropriate to hold an executive session upon receipt of the consultant's recommendations. VOTE: Gilman No Buffer No Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED. CONVENED TO EXECUTIVE SESSION: RETURNED TO ORDER: 9:46 P.M. 9'15 P.M. Council Member Moore reported, during the executive session, council discussed with the admimstration possible strategies for possible repurchase of airport property. No decisions were made. ITEM N: ADJOURNMENT The meeting adjourned at approximately 9'50 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAI. ALASKA M MO: 210 Fidalgo Avenue Kenai Alaska 99611-7794 ~ 1992 TO: THRU' FROM' Linda L. Snow, City Manager Jack La Shot, Public Works Manager Marilyn Kebschull, Planning Administrato DATE: April 14, 2005 SUBJECT: Lawton Acres Attached is a draft rezoning application for the property known as Lawton Acres to rezone the property from conservation to limited commercial. If City Council wishes to pursue the rezone, the following schedule gives an indication of the time required to process the application through the Planning & Zoning Commission and City Council- Date M a__M_.a_y_~.l, 2005 ~ 4 & 6, 2005 ~ 11, 2005 Ma___~_~, 2005 M_~ 26, 2005 June 1, 2005 ~ 1, 2005 Action A~tion Received Public.__._._Heari_.___..Q~ Notices Published in Clarion Public.._._~Hearin_,g. at Planning Commission Introduced at Council ~eriod expires at 5 p.m. Public Hearing at Council' Rezone Effective ~ Attachment KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535/FAX: 907-283-3014 qlli~' 1992 REZONING APPLICATION PETITIONER ADDRESS PHONE LEGAL DESCRIPTION PRESENT ZONE PROPOSED ZONE Linda L. Snow, Cit7 Manager, Cit7 of Kenai 210 Fidalgo Avenue, Kenai, AK 99611 907-283-7535 Conform to the boundaries shown on Attachment A, called Lawton Acres. Conservation Limited Commercial Zone Intended Use and/or Reason for Rezoning: To provide for development of the property. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INIT~L THE SPACE AFTER THE ITEM NUMBER TO iNDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. lo Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. e Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley fight-of-way) unless the amendment enlarges an adjacent district boundary. Rezoning Application Page 2 me A Public Notification and Heating is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. o A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Signature CHAIRPERSON ATTEST REZONING CHECKLIST: a. MAP b. SIGNATURES c. DEPOSIT/ADVERTISING FEE ($105) d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING I ,LL'~ ]..9t,,~'O. OON _ I ~ ,9~'6g~ :I.91,,['0.00N i Z LU Z Z 0 I- 0 ILl 0 0 0 n~ 0 0 0 0 Z Z ::3 0 Z IJJ ILl n,' 0 I-- 0 ::3 0 Z 0 c~ n,' ILl I-- 0 ILl ILl LLI Z I-- Z LL! 0 c3 n,,' LLI I-- Z LLI 0 Z 0 0 n,, W 0 IJJ IJJ 0 IJJ W iii iii 0 0 Suggested by: Administr: CITY OF KENAI ORDINANCE NO. 2092-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE SENIOR CENTER KITCHEN CAPITAL PROJECT FUND. WHEREAS, the Alaska Mental Health Trust Authority has provided a grant of $25,000 for the Senior Center Kitchen renovation; and, WHEREAS, the Senior Center/Borough Grant fund has sufficient fund balance to finance the balance of the project if necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Center Kitchen Capital Project Fund Increase Estimated Revenues: Alaska Mental Health Trust Grant $25,000 Increase Appropriations: Construction $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: ~ (04/12/2005) hl Introduced: Adopted: Effective- April 20, 2005 May 4, 2005 May 4, 2005 Suggested by: Admm~utratuun CITY OF KENAI ORDINANCE NO. 2093-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, AMENDING KMC 14.20.230(g) TO INCLUDE AN EXEMPTION FOR CERTAIN STATE APPROVED RELATIVE DAY CARE PROVIDERS. WHEREAS, KMC 14.20.230(g) allows for an exemption from the home occupation requirements if the home based business meets certain conditions; and, WHEREAS, the State of Alaska provides payments to certain individuals to provide day care for their grandchildren, grand-children, nieces or nephews, or sibling; and, WHEREAS, because payments for day care services is involved, those care givers have to apply for a home occupation permit; and, WHEREAS, those state approved relative home day care providers should be included in the home occupation exemption if they provide care to no more than five children under the age of twelve (including their own) and no more than two of the children are under the age of thirty months and which involve no outside sign, little increase in traffic with only occasional visits by members of the public to the home. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.230(g) be amended as follows' (g) Exemption. No home occupation permit shall be required for.2_[.~ activities or business which are carried on solely by use of phones, computers and mail or delivery services or (2) a state-approved relative home da c3c.q~__~provider that j)rovides care to no more than five children [including_kbe care,giver's own c-~h~ren)_g__nd~r the a_g.g~_of 12 of which.no ,mo~re than.~ unde.____xr 30 ~ and wh___~o are the se__e~arate residence niece or ne hew not a ~t niece or n~ and which involve no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, this fourth day of May, 2005. ' ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced. April 20, 2005 Adopted: May 4, 2005 Effective' June 4, 2005 KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ0$-I 1 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA REQUESTING THAT KMC 14.20.230(g) BE AMENDED TO INCLUDE AN EXEMPTION FOR CERTAIN STATE APPROVED RELATIVE DAY CARE PROVIDERS: WHEREAS, KMC 14.20.230(g) allows for an exemption from the home occupation requirements if the home based business meets certain conditions; WHEREAS, the State of Alaska provides payments to certain individuals to provide day care for their grandchildren, great-grandchildren, nieces or nephews, or sibling; WHEREAS, because payments for day care services is involved, those care givers have to apply for a home occupation permit; WHEREAS, those state approved relative home day care providers should be included in the home occupation exemption if they provide care to no more than five children under the age of twelve (including their own) and no more than two of the children are under the age of thirty months and which involve no outside sign, little increase in traffic with only occasional visits by members of the public to the home; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, that KMC 14.20.230(g) be amended as follows: (g) EXEMPTION. NO HOME OCCUPATION PERMIT SHALL BE REQUIRED FOR: 1D ACTIVITIES OR BUSINESS WHICH ARE CARRIED ON SOLELY BY USE OF PHONES, COMPUTERS AND MAIL OR DELIVERY SERVICES OR 2) A STATE APPROVED RELATIVE HOME DAY CARE PROVIDER THAT PROVIDES CARE TO NO MORE THAN FIVE CHILDREN (INCLUDING THE CARE GIVER'S OWN CHILDREN) UNDER THE AGE OF 12 OF WHICH NO MORE THAN TWO MAY BE UNDER 30 MONTHS OF AGE AND WHO ARE THE CARE GIVER'S GRANDCHILDREN, GREAT-GRAND-CHILDREN, SIBLING (ONLY IF LIV1NG 1N A SEPARATE RESIDENCE), NIECE OR NEPHEW (NOT A GREAT NIECE OR NEPHEW), AND WHICH 1NVOLVE NO OUTSIDE SIGN, LITTLE OR NO INCREASE 1N TRAFFIC, AND WITH ONLY OCCASIONAL VISITS BY MEMBERS OF THE PUBLIC TO THE HOME. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of April 2005. CHAIRPERSON: Suggested by: Adm~ms~rauon CITY OF KENAI ORDINANCE NO. 2094-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.320(b) ADDING A DEFINITION OF "CONDOMINIUM." WHEREAS, KMC 14.20.320(b) contains the list of definitions for terms used in the Kenai Zoning Code; and, WHEREAS, KMC 14.20.320(b) does not contain a definition of "condominium"; and, WHEREAS, AS 34.07.440 requires local planning and zoning codes to treat apartments in a similar manner regardless of whether they are leased by the owners or sold as condominiums; and, WHEREAS, it is in the best interest of the City of Kenai to include a definition of "condominium" in the definition section of KMC 14.20.320(b). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.320(b) is amended by adding the following definition: (b) Specific Definitions: "Condominium" means a common interest ownership dwelling in which- (A) portions of the real estate are designated for separate ownership; (B) the remainder of the real estate is designated for common ownership solely by the owners of those portions; and (C) the undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), condom~mums shall be treated as two or more family dwellings. For example, a four unit condominium building would be treated as a four family dwelling. PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, this fourth day of May, 2005. ' ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: April 20, 2005 Adopted: May 4, 2005 Effective: June 4, 2005 KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-14 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI. ALASKA REQUESTING THAT KMC 14.20.320(b) BE AMENDED TO ADD A DEFINITION FOR CONDOMINIUM: WHEREAS, KMC 14.20.320(b) contains the list of definitions for terms used in the Kenai Zoning Code; and WHEREAS, KMC 14.20.320(b) does not contain a definition of"condominium"; and WHEREAS, AS 34.07.440 requires local planning and zoning codes to treat apartments in a similar manner regardless of whether they are leased by the owners or sold as condominiums; and WHEREAS, it is in the best interest of the City of Kenai to include a definition of"condominium" in the definition section of KMC 14.20.320(b). NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, recommends that KMC 14.20.320(b) be amended by adding the following definition' (b) Specific Definitions: "Condominium" means a common interest ownership dwelling in which' (A) portions of the real estate are designated for separate ownership; (B) the remainder of the real estate is designated for common ownership solely by the owners of those portions; and (C) the undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two or more family dwellings. For example, a four unit condominium building would be treated as a four family dwelling. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13a day of April 2005. ATTEST: ,, Suggested By: Adminis- CITY OF KENAI ORDINANCE NO. 2095-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $650 FOR AN INCREASE IN FEDERAL GRANT FOR WETLANDS PROTECTION. WHEREAS, the City Kenai U.S. Fish and Wildlife Service grant for wetland protection in the South Spruce Street area has been increased by $650; and, WHEREAS, the additional money will provide educational signage for the project site. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows' Spruce Street Wetlands Capital Project Fund Increase Estimated Revenues' Federal Grants Increase Appropriations. Construction $65O $650 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May 2005. ATTEST: PAT PORTER Carol L. Freas, City Clerk Approved by Finance' ,. (04/14/2005) hl Introduced. Adopted' Effective' April 20, 2005 May 4, 2005 May 4, 2005 Suggested by: ~t(lmlnls~:rauon CITY OF KENAI ORDINANCE NO. 2096-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,740,085 IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND AND THE PARALLEL TAXIWAY CAPITAL PROJECT FUND. WHEREAS, the Federal Aviation Administration recommends that commercial airports have a full length parallel taxiway; and, WHEREAS, the airport master plan includes this project; and, WHEREAS, the FAA has included this project in their future funding plan; and, WHEREAS, prior to actually receiving the grant the project must be designed and put out to bid; and, WHEREAS, funds are available in the fund balance of the Airport Land System Special Revenue Fund; and, WHEREAS, preliminary expenditures are grant eligible when the FAA issues a grant for the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Land Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $2,740,085 Increase Appropriations: M&O - Transfer to Capital Projects $2,740,085 Parallel Taxiway Capital Proiect Fund Increase Estimated Revenues: Transfer from Special Revenue Fund $2,740,085 Increase Appropriations: Administration Construction Engineering $ 80,000 2,495,480 164,605 $2,740,085 Ordinance No. 2096-2005 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (04 / 15 / 2005) jl Introduced: Adopted: Effective: April 20, 2005 May 4, 2005 May 4, 2005 210 Fidalgo Avenue, Kenai, Alaska 99611-77~0 Telephone: 907-283-7535 /FAX: 907-283-3014 KENAI. ALASKA MEMORANDUM To: Mayor and Council From: Linda L. Snow, City Manager[~ Date: April 15, 2005 RE: Kenai Golf Course- Amendment to Leases lllll I The Administration recommends Council approval of the proposed Kenai Golf Course Amendment to Leases, including an increase in fees and extension of the expiration dates, as described in the April 6th memo and attachments from Kim Howard, Assistant to the City Manager. For those members of the Council who may be unfamiliar with the origins of the Kenai Golf Course, the following information is provided for your consideration: The Kenai Golf Course is a municipally owned course constructed wholly at the expense of Richard I. Morgan, subsequently assigned to the Morgan Family Limited Partnership. The original 1985 leases clearly identify the City of Kenai as the owner of the premises, with exception of the personal property on the site. The Parmership pays taxes on the leasehold interest in this property. According to the leases, the Kenai City Council is required to approve the fees and lease extensions for the golf course. In 1996, the City of Kenai exercised its option under the leases to use the property and facilities as part of its winter recreation program. The City's use of these facilities five months of the year for winter recreation is a longer period of use than the period used for golfing. Extension of the leases for ten years at an annual rate of $5,000 for each parcel may be considered an equitable means of offsetting the City's own use of the premises. KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us Memorandum Date: To~ From: Rte April 6, 20O5 Linda L. Snow, City Manager ¢~/ !Zhm Howard, Assistant to the City Manager Kenai Golf Course- Amendment to Leases Attached is a proposed Amendment to Lease for Parcel A (front nme holes) and Parcel B (back nine holes) of the Kenai Golf course that addresses several issues. Richard Morgan, on behalf of the Morgan Family Limited Paxtnem~p, has requested approval of a rate increase for the Kenai Golf Course. The increase is a result of the costs of maintaining, operating and upgrading the course. Mr. Morgan provided the attached comparable schedule of rates that shows that the Kenai Golf Course will be competitive with other Southcentral Alaska courses if the proposed rate is approved. The green fees would change as follows: Weekdays 2000 2003 2005 Approved Rates Proposed Rates Rate 9 holes $9.00 $10.00 $12.00 18 holes $18.00 $18.00 $20.00 Weekends 9 holes $11.00 12.00 $14.00 18 holes $22.00 22.00 $24.00 The Council last approved a rate increase in February 2000. In 2003, the rates for 9 holes were increased by $1.00. It was an oversight on their part that they didn't get the city's approval. The terms of the leases end December 31, 2005 but the Morgan's have given notice to exercise their option to renew for additional ten-year terms. As part of the conversion to allow the City to sell the lots along the golf course, the City agreed that the next time the golf course leases were amended, certain language required by the State Division of Parks and Outdoor Recreation and the National Parks Service would be incorporated. A draft amendment was sent to the lessees for review. It included the new proposed rates, the extension of the terms for an additional ten years, and the Land and Water Conservation Fund (LWCF) language. Their attomey, Rick Baldwin, modified the draft amendment to include the following: In Paragraph B (3) the City would take the responsibility for posting of signs required by the LWCF. Paragraph C makes clear the responsibilities of the parties for the use of the golf course during the winter months by the City for ski trails. The lease, by amendment, states the rate for any "Additional Term of Lease" shall be amended to as agreed to by the parties. Paragraph D extends the terms for ten years at an annual rate of $5,000 for each parcel. The Morgan Family Limited Partnership is current in payments to the City and Borough. Attachments AMENDMENT TO LEASE That certain lease between the City of Kenai and RICHARD I. MORGAN, subsequently assigned to THE MORGAN FAMILY LIMITED PARTNERSHIP, whose address is P.O. Box 1101, Kenai, Alaska 99611. and dated June 7, 1985, recorded at Book 265. Page 720, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska and referred to as Parcel A: Parcel A The unsubdivided remainder of Government Lots 1 and 2. Located within the N 1/2 N1/2 Section 3, T5N, R1 lW, S.M., containing 71.919 acres, according to Plat No. 97-105. II. That certain lease between the City of Kenai and RICHARD I. MORGAN, subsequently assigned to THE MORGAN FAMILY LIMITED PARTNERSHIP, whose address is P.O. Box 1101, Kenai, Alaska 99611, and dated May 28, 1987, recorded at Book 311, Page 134, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska and referred to as Parcel B: Parcel B The unsubdivided remainder of Government Lots 3 and 4, located within the N1/2 N1/2 Section 3, T5N, R11 W, S.M., containing 47.788 acres, according to Plat No. 97-105. are hereby mended to reflect the following: A. That pursuant to Article III of such leases, the Kenai City Council has determined that the green fees shall not exceed Twelve Dollars ($12.00) per person for nine holes of golf on weekdays, and Fourteen Dollars ($14.00) per person for nine holes of golf on weekends. For eighteen holes of golf, the green fees shall not exceed Twenty Dollars ($20.00) per person for weekdays and Twenty-Four Dollars ($24.00) for weekends; and B. As part of the conversion to allow the City to sell lots along the golf course, the following language that is required by the State Division of Parks and Outdoor Recreation and the National Parks Service is incorporated: (1) In order to protect the public interest, the CITY may, at five (5) year intervals, review the performance of the LESSEE and may terminate the lease if the terms and the provisions of the grant agreement, including standards of maintenance, public use, and accessibility are not met. (2) The leased area is to be operated by the LESSEE for public outdoor recreation purposes in compliance with provision of the Land and Water Conservation Fund Act and implementing guidelines. (3) The lease area shall be identified as being publicly owned and operated as a public outdoor recreation facility in all signs, literature and advertising and that the LESSEE shall not mislead the public into believing that the area is private. The City shall have the right to post signs identifying that facility as being open to the public in accord with Chapter 675.4 of the Land and Water Conservation Fund Grants Manual. AMENDMENT TO LEASE PAGE 2 OF 5 (4) All fees charged by the LESSEE to the public must be competitive with similar private facilities. (5) Compliance with all Civil Rights and accessibility legislation (e.g., Title VI of Civil Rights Act, Section 504 of Rehabilitation Act, Americans with Disabilities Act) is required, and that compliance will be indicated by signs posted in visible public areas, statements in public information brochures, etc.; and C. Subject to the provisions of paragraph V.E. and during the time period described therein, LESSEE grants CITY the right, without charge, to enter upon the premises and occupy the same for the purposes of establishing and maintaining ski trails and hosting ski races and like events, together with the right to use and maintain the parking lot on the premises. The City agrees to indemnify and hold harmless the LESSEE, its individual partners, officers, and employees, from and against any and all claims, demands, suits or actions, brought for or on account of any damage, injury, loss, or expense, resulting from, or claimed to be resulting from, the City's occupancy or use of the premises for a ski trail or trails. D. The leases are hereby amended to extend the expiration dates for additional ten-year terms to December 31, 2015, at an annual rental rate of $5,000 for each parcel with all the other terms and conditions to remain the same. AMENDMENT. TO LEASE PAGE 3 OF 5 LESSOR: CITY OF KENAI By: Linda L. Snow. City Manager LESSEE' MORGAN FAMILY LIMITED PARTNERSHIP Approved as to form: By: Name and Title Cary R. Graves City Attomey STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this~ day of 2005, , .(Title) of the Morgan Family Limited Partnership, 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 Alaska My Commission Expires: AMENDMENT TO LEASE PAGE 4 OF 5 STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2005, RICHARD I. MORGAN. 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. STATE OF ALASKA THIRD JUDICIAL DISTRICT Notary Public for Alaska My Commission Expires: THIS IS TO CERTIFY that on this day of 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 Alaska My Commission Expires' AMENDMENT TO LEASE PAGE 5 OF 5 ' ~'reDared ~v ' ,':,,Dprovea B; WILSON JONES 3%=34 Cc~um,,w',-: ,I Green Fees, Weekdays.. Nine. H.oles Adults, Seniors (over 65) Juniors (17 and younger) Eiahteen Holes Adults Seniors (over 65) Juniors (17 and younger) $12.00 .oo $8.00 $22.00 $20.00 $ 5.oo Gree,n Fees. Weekends & Holidays Nine Holes Adults, Seniors (over 65) Juniors (17 & younger) Eighteen .Holes Adults, Seniors (over 65) Juniors (17 & younger) $13.00 $12.00 $. o.oo $24.00 $22.00 $ 7.o0 (Add 5% sales tax to above amounts) ,(;off Specials" F,~q. ,uc~tFI yer Adul~ (10 nine hole mm]ds - weekdays only $100.00 Seniors (10 nine hole rounds - weekdays only $90.00 Juniors (10 nine hole rounds - weekdays only $75.00 Good for 10 ninc holc munc~ if player tees off prior to 9am on ~days or prior to 8am on Weekends & Holidays. $85.00 (Plus 5% sales tax) BRGA Dues - Single Adult = $30.00 Family = $40.001 Single Sr. (65+) = $25.00 Sr. Couple = $35.001Jr's. (17 8, younger) Free 2OO5 Drivin~ ltan~e Baskets 83.50/$5.50 or $~r.50 (lad~ 5% mde~ m) Good for (10) $7.50 Baskets (plus ~% sal~s tax) Nine holes $12.00 Bghten holes $20.00 Ogre s~. ~ tmO FREQUENT CART USERS CARD Goocl for 10 nine hole rounds, good anytime including weekdays, weekends, holidays and. tournaments. $100.00 ~p,=~ ~% s~ => Season Tickets Sh]gle Adult Double Adult Family Single ~enlor Double Senior Family Onduding up to two grandchildren) Single Junior $200.00 (must be 17 yrs or younger or still attending High Scbod) All of the above rates are plus Sales TnL (Senior & Junior rates are based on weekday play only{) For Cottage & Executive Suite rates, please see separate rate sheet. ' . 6 KEN/II, ALASKA 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us Memorandum Date: To.' From.' Rte April 14, 2OO5 Linda L. Snow, City Manager ,,~// Klm Howard, Assistant to the City Manager Consent to Sublease- SOAR International Ministries, Inc. to Peninsula Aircraft Wash Detail Service - Lot 3, Block 1, General Aviation Apron SOAR International Ministries, Inc. currently leases the above referenced property and wishes to enter into a sublease with Peninsula Aircraft Wash Detail Service. Peninsula Aircraft Wash Detail Service would be a new business to our area and will be using environmentally friendly products. Public Works Manager La Shot doesn't believe there to be major environmental problems associated with the business. As a reminder, SOAR International Ministries, Inc. subleases Lot IA, Block 2 to Arctic Barnabas Ministries and Peninsula Aero Technology. The sublease with Kenai Express on Lot 3, Block 1 has expired. Attached is a copy of the proposed sublease. The lease states the lessee may not assign the lease or sublease the whole part of the premises or any part without the written consent of the City. SOAR International Ministries, Inc. is in compliance in payments to the City and taxes to the Borough. The City Attorney has reviewed the documents and has no objections to the sublease. If Council approves the sublease, a Consent to Sublease can be prepared for your signature. Attachments Cc' SOAR Intemational Ministries, Inc. · _ SOAR International Ministries Lease Agreement This lease is made between SOAR International Ministries, Inc. herein called Lessor, and Peninsulia Aircraft Wash Detail S.ervic.e., herein called Lessee. Lessee hereby offers to lease from Lessor thc premises situated at 135 Granite Point Court described as Gravel area on Lot 3 BL. 1, at taxiway G approximately 2500 square feet. 1. Term and Rent. Lcssor lcascs thc above premises for a term of Five Months commencing M~¥_1, 2005...and terminating on Se.;plemb _er30, 2005., or sooner as provided herein at the monthly rental of $150.00 payable in advance on the first day of each monOL, during the term of this lcasc. 2. Use. Lessee shall use and occupy the premises for Aircraft washing and detailing purposes only, The premises shall bc used for no other purpose without consent of the Lessor. Thc Lcssor represents that the premises may lawthlly be used for such purpose. $. Care and Maintenance of Premises. Lessee acknowledgcs that the premises are in good order and rcpair, unless otherwise indicated herein. Lessee shall, at his own expense and at all times, maintain the premises in good and safe condition and shall surrender the same, at termination hereof, in as good condition as rcccivcd, normal wear and tear excepted. Smoking is prohibited. Lessee shall also maintain in good condition the adjacent parking lot. 4. Alteration. Lessee shall not, without first obtaining consent of Lessor, make any alterations, additions, or improvements, in, to or about the premises. 5. Ordinances, Statutes and General Safety. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force or which may hereafter be in force, pertaining to thc premises, occasioned by or affecting ~¢ use thereof by Lessee. Lessee shall conduct all opcrations in a safe manner using all appropriate safety features and protection. 6. Security. Lessee shall ensure the physical security of the above premises and notify the Lessor of any discrepancies. 7. Assignment and Subletting. Lessee shall not assign this lease or subict any portion of the premises without prior consent of the Lessor and the city of Kenai, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor and the city Kenai may terminate this lease. $. Utilities. Lessee shall include water 9. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable fmcs and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty days prior to thc expiration of this lease, to place upon the premises any usual "For Lease" signs, and permit persons desiring to lease the same to inspect the premises therea~er. 10. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the premises or any part thereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused. 11. Insurance. The Lessee shall maintain insurance. 12. Entire Agreement. The foregoing constitutes thc entire agrcemcn! between the parties and may bc modified only by a writing signed by both parties. Signed this day of 2005 By: ...... Lessor By: ,Lessee Page 1 of l Subject Parcel lA TR. a IN O, TR. A-1 14 12 NO. E NO. TR. 1- nal Municipal Airport Me'mo To: From' Linda L. Snow- City Manager Rebecca Cronkhite - Airport Manager Date' April 15, 2005 Subject' Grant Aviation Request for Lease of Terminal Space Grant Aviation is requesting a lease in the airport terminal to conduct scheduled passenger service between Kenai and Anchorage starting May 15, 2005. We are preparing a standard lease with a term of one year. Grant Aviation will provide documentation of required insurance. As you requested, I contacted the leasing and accounting offices at Anchorage International Airport and confirmed that Grant Aviation is a tenant in good standing. The leasing and accounting offices indicated that Grant Aviation has been a good tenant and prompt in all payments. The proposed lease will be effective May 9 with passenger service scheduled to begin on May 15, 2005. They will locate in Terminal Spaces 34 and 35, next to TSA. A terminal diagram is attached for reference. Attachment www.ci.kenai.ak.us. SNOI~LVDI~I(IOIAI V~'I~II~I,L VS,L ~L~lOdl~IIV o <~ ~, · · ///~ , I // // // nai Municipal Airport Memo To: From' Linda L. Snow- City Manager Rebecca Cronkhite - Airport Manager Date' April 15, 2005 Subject: Fischer and Associates, Inc. Terminal Space 21 Attached is a letter from Dottie Fischer requesting cancellation of her lease on Terminal Space 21. As her letter indicates, there are extenuating circumstances driving this request. Ms. Fischer has also arranged to have the space repainted to the standard terminal color prior to April 20. It is my recommendation that Airport administration draft a RFP for proposals to lease Space 21 and advertise locally. Attachment www.ci.kenai.ak.us. FISCHER AND ASSOCIATES, INC P. O. BOX 3625, KENAI AK 99611 Phone (907) 283-7810 - Fax (907) 283-8084 -(800) 545-0844 Email: dottie~alaskasbesttravel.com Rebecca Cronkhite Airport Manager On April 13, 2005, it was brought to my attention by Mr. Bruce McGlasson, of Grant Aviation that Grant Aviation was requesting counter space to operate an airline between Kenai and Anchorage. Mr. McGlasson, stated that he planed to begin operation as of 1 May, 2005 and would be a year round operation and he indicated that he would be using aircraft with good capacity for passengers. As a business person it would not make sense to begin my small charter service at the same time a larger carrier is competing for the same market. In my opinion, it would creme financial hardship for both companies and increase the already high risk of failure. Since my original intention was to fill seats left vacated by the currem Era Aviation schedule and it would appear that Grant Aviation can satisfy this need to a larger extent than I would be able to, I request that I be released from my newly signed lease for space 21. I thank the City of Kenai Council for their consideration in this matter. Sinceg,ely, ( Dorothy (Dottie)/Fischer President Fischer and Associated, Inc CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 13, 2005 - 7'00 p.m. le CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 0 *APPROVAL OF MINUTES: a. *March 9, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. pUBLIC HEARINGS' a. PZ05-11 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, requesting that KMC 14.20.230(g) be amended to include an exemption for certain state approved relative day care providers. b. PZ05-12 - A resolution of the Planmng and Zoning Commission of the City of Kenai to determine if Conditional Use Permit PZ00-34 for Bed & Breakfast, Hotel (Short-term rentals) & Fishing Guide Service for the property known as Lot 17, Block 10, Valhalla Heights No. 1, 5296 Kenai Spur Highway, Kenai, Alaska, should be revoked due to failure to meet requirements of KMC 14.20.150 (g). Permit is held by Paul B. & Debra M. Wilson d/b/a Family 1st Fishing Adventures & Lodging, 5296 Kenai Spur Highway, Kenai, Alaska. c. PZ05-14 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska requesting that KMC 14.20.320(b) be amended to add a definition for condominium. d. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 6. OLD BUSINESS: e NEW BUSINESS: a. Request to rename Bluebell Lane, Black Gold Estates- Discussion and Recommendation b. Amendment to Title 14- Definitions- Lot Coverage- Discussion c. Amendment to Title 14- Definitions- Parking Space, Private- Discussion 8. PENDING ITEMS: e CODE ENFORCEMENT: a. Pending Code Violations Report 10. REPORTS: a. City Council b. Borough Planning c. Administration · 2004 CUP Yearly Repons 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (2/10/05, 2/25/05, & 3/10/05) b. State of Alaska, DNR, Notice of Preliminary Finding and Decision dated 3/3/05 c. KPB Comprehensive Plan Public Hearing Notice d. Kenai River Center Project Tracking- Michael Blair- Replace Dock e. Kenai River Center Project Tracking- William Bryant- Replace Dock 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING/h ZONING COMMISSION CITY COUNCIL CHAMBERS APRIL 13, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Hammelman called the meeting to order at 7'00 p.m. 1-a. Roll Call Members Present: B. Eldridge, N. Amen, C. Glick, J. Hammelman, P. Bryson, J. Twa_it Members Absent: J. Barrett Others Present: Council Member Joe Moore, City Planner Kebschull, and Contract Secretary B. Roper 1-b. Agenda Approval MOTION: Commissioner Amen MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: ,,, APPROVAL OF MINUTES Approved by consent agenda. ITEM 3' SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS-- None. ITEM $: PUBLIC HEARINGS 5-a. PZ05-11 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, requesting that KMC 14.20.230(g) be amended to include an eXemption for certain state approved relative day care providers. Kebschull noted the resolution is a result of a review of home occupation permits of those individuals who provide day care to relatives. The State provides payments to these individuals and because they receive payments, a home occupation permit is required. This resolution will provide an exemption to those relative day care providers. Chairman Hammelman opened the public hearing; there were no comments. hearing closed. Public MOTION: Commissioner Bryson MOVED to approve PZ05-11. Commissioner Eldridge SECONDED the motion. VOTE: Eldridge Glick Yes Amen Yes Hammlman Yes Twait Yes Yes ! Barrett Absent Bryson Yes MOTION PASSED UNANIMOUSLY. 5-b. PZ05-12 - A resolution of the Planning and Zoning Commission of the City of Kenai to determine if Conditional Use Permit PZ00-34 for Bed & Breakfast, Hotel {Short-term rentals) & Fishing Guide Service for the property known as Lot 17, Block 10, Valhalla Heights No. 1, 5296 Kenai Spur Highway, Kenai, Alaska, should be revoked due to failure to meet requirements of KMC 14.20.150 {g}. Permit is held by Paul B. & Debra M. Wilson d/b/a Family 1st Fishing Adventures & Lodging, 5296 Kenai Spur Highway, Kenai, Alaska. Kebschull reported the Conditional Use Permit was issued in September 2000 and the holder has failed to provide certification of compliance with taxes. The City researched the issue and the owners sold out and moved from the area. The City has been unable to make contact. Hammelman opened the public hearing; there were no comments. closed. Public hearing MOTION: Commissioner Eldridge MOVED to approve PZ05-12 and Commissioner Amen SECONDED the motion. VOTE: PLANNING & ZONING COMMISSION MEETING APRIL 13, 2005 PAGE 2 Eldridge Glick Twait Yes Yes Yes Amen Yes Hammlman Yes Barrett Absent Bryson Yes MOTION PASSED UNANIMOUSLY. PZ05-14 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska requesting that KMC 14.20.320(b) be amended to add a definition for condominium. Kebschull noted this was basically a housekeeping effort as the Code did not define condominiums. Hammelman opened the public hearing; there were no comments. closed. Public hearing MOTION: Commissioner Bryson MOVED to approve PZ05-14. and Commissioner Twa_it SECONDED the motion. Bryson noted this was an item the Code was lacking and felt appropriate to incorporate it into the Code. VOTE: Eldridge Glick Yes Yes Ainen Yes Yes Twa_it Yes Barrett Absent Bryson Yes MOTION PASSED UNANIMOUSLY. 5-do PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, {170 Bridge Access Road}, from suburban residential to general commercial. AppLication submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Kebschull noted this rezone would prepare the Millennium Square for future development. Adding, it would change from rural residential to general commercial. Hammelman opened the public hearing; there were no comments. Public hearing closed. MOTION: PLANNING & ZONING COMMISSION MEETING APRIL 13, 2005 PAGE 3 Commissioner Eldridge MOVED to approve PZ05-16 and Commissioner Glick SECONDED the motion. Commissioner Eldridge reported the KEDS Strategy Plan recommends this change as it was felt the area would be more attractive to development and it also deals with issues in the Comprehensive Plan. Bryson stated he thought it was premature to rezone the area at this time without any clear indication of what type of development would go in there. Bryson added, he believed Council should be the entity who determines the use. Commissioner Amen agreed the change would be putting the cart before the horse and requested clarification on general commercial. Kebschull explained, general commercial is not industrial but it would allow such uses as auto repair, etc. Hammelman asked how the issue was put on the agenda and Kebschull replied Commissioner Eldridge requested it. Eldridge stated, one of these days the Commission would need to follow the Comprehensive Plan and that the Planning &, Zoning Commission is the entity who makes the first step to do that, not City Council. Eldridge stated he felt the Commission should vote to make the change and if necessary, it could be changed again depending on development. He added, he believed if was not acted on now, it would be a missed opportunity. Commissioner Glick asked if the Airport Commission had a plan for use in that area and Kebschull replied they did not. Glick stated he thought waiting to see what the Airport recommends was appropriate since a portion of the area is airport lands. Eldridge asked if staff could provide the preliminary plans from the airport. It was noted the public hearing would be re-advertised. information will be included in the next meeting packet. Kebschull reported the airport Eldridge withdrew his original motion. MOTION: Commissioner Eldridge MOVED to table PZ05-16 until the Airport Commission makes recommendations as to the use of airport lands in the area. Commissioner Twait SECONDED the motion. VOTE: Eldridge Olick Twait Yes Yes Yes Ainen Yes Yes Bryson Barrett Absent Yes MOTION PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING APRIL 13, 2005 PAGE 4 ITEM 6' ITEM 7: OLD BUSINESS-- None. NEW BUSINESS Discussion/Recommendation -- Request to rename Bluebell Lane, Black Gold Estates. Kebschull reported this change is at the request of the Borough and their 91 1 enhancement system. Kebschull noted there are no residences or other streets in the area. After discussion the Commission recommended Yarrow Lane as the new name. 7-bo Discussion -- Amendment to Title 14- Definitions- Lot Coverage. See Item 7-c. Discussion -- Amendment to Title 14- Definitions- Parking Space, Private. For discussion purposes items 7-b and 7-c were combined. Kebschull noted items 7-b and 7-c, like the condominium issue, is lacking in Title 14. Discussion ensued regarding the size of the parking spaces and the Commission recommended the standard width be nine feet (9}, allowing for two parking spaces without the garage. Kebschull noted a public hearing would be scheduled for the next Commission meeting. ITEM 8: PENDING ITEMS-- None. ITEM 9' CODE ENFORCEMENT Pending Code Violations Report Kebschull reported the City hired a new individual to handle code violations and he is dili§¢ntly workin§ on those issues. Glick reported another junked vehicle and Kcbschull stated she would forward the information to the code enforcement officer. ITEM 10: REPORTS 10-a. City Council -- Council Member Moore provided a report on actions taken at the March 16 and April 6, 2005 City Council Meetings. 10-b. Borough Planning-- Commissioner Bryson provided a report on actions taken at the March 14, March 28 and April 11, 2005 Borough Planning meetings. 10-c. Administration -- Kebschull reported the following information: · Referenced information items 12-d and 12-e and noted the Kenai River Center will provide the tracking sheets when it involves the City of Kenai. PLANNING & ZONING COMMISSION MEETING APRIL 13, 2005 PAGE 5 Responding to Commissioner Eldridge's comments regarding the Comprehensive Plan, Kebschull stated it may not look like any progress is being made but there is. She added, there were concerns with the overlays and the Attorney may recommend an amendment. · Reported the Airport Commission is meeting again on April 14 and May 12, 2005. The meeting on April 14 will include a discussion with the consultants. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (2/10/05, 2/25/05, & 3/10/05) 12-b. State of Alaska, DNR, Notice of Preliminary Finding and Decision dated 12-c. KPB Comprehensive Plan Public Hearing Notice 12-d. Kenai River Center Project Tracking- Michael Blair- Replace Dock Kenai River Center Project Tracking- William Bryant- Replace Dock ITEM 13: COMMISSION COMMENTS/l~ OUESTIONS ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:04 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING APRIL 13, 2005 PAGE 6 KENAI BEAUTIFICATION COMMITTEE MEETING APRIL 12~ 2005 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- March 8, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ao Discussion -- 2005 Bedding Plant Plans ITEM 6: NEW BUSINESS bo Discussion -- Volunteer Planting (May 28, 2005) ITEM 7: ao REPORTS COmmittee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: (~UESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a, City Council Action Agenda of March 2 and 16, 2005. Parks & Recreation Commission Meeting Summary of March 3, 2005. ITEM 11' ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE MEETING APRIL 12, 2005 7:00 P.M. KENAI COUNCIL CHAMBERS VICE CHAIR HELEN BROWN~ PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER/h ROLL CALL Vice Chair Brown called the meeting to order at approximately 7'03 p.m. confirmed as follows: Roll was Members present' Members absent: Others present' L. Seymour, J. Rogers, S. Hatch, L. Nelson, H. Brown and M. LeFebvre M. Dimmick Parks & Recreation Director Frates and Council Member Swarner ITEM 2: AGENDA APPROVAL There were no changes made to the agenda and it was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY-- March 8, 2005 It was noted "tansy" on the 2005 flower plans list addendum was misspelled. There were no other changes or corrections to the meeting summary and it was approved as corrected. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS Discussion -- 2005 Bedding Plant Plans The members reviewed the beds and plant material list provided in the packet. Council Member Swarner thanked Director Frates for the bedding plant forms and noted she had Maltese Cross available if needed. Rogers suggested poppies be added to some of the circle planters. The members suggested the following: · Add poppies to Spur and Forest Drive circle planters and cut back on Nasturtiums. · Additional border material is needed at the Left Hansen Memorial Park mound near the gazebo {dianthus, petunias, pansies or mums). · Add Good Sari to the Memorial Park sign bed and use yellow pansies for border along with short yellow Trollius. ITEM 6. NEW BUSINESS Discussion-- Volunteer Planting (May 28, 2005) Frates reported the Kenai Firefighters' Association volunteered to assist with the event. Frates requested general feedback from the members relating to needed improvements. The members had no suggestions. Frates reported his crew would do the liming and fertilizing of the beds. The members suggested the event begin at 10:00 a.m. ITEM 7: REPORTS Committee Chair-- No report. 7-b. Parks/h Recreation Director-- Frates reported the following: · Lilies are growing at the greenhouse. · Connie's Flowers and Fireweed Herb Garden had stated they will participate in the Barrels of Blossoms program. 7-c. Kenai City Council Liaison -- Council Member Swamer reported the following: · Council evaluated a pay range change for Parks Groundskeeper during the budget session held on Monday, April 11. · Reported miscellaneous activities taking place at the Kenai Peninsula Food Bank. ITEM 8. OUESTIONS AND COMMENTS -- None. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD Bill Nelson -- Volunteered to remove remaining tansy in beds. ITEM 10: INFORMATION 10-a. 10-b. City Council Action Agenda of March 2 and 16, 2005. Parks & Recreation Commission Meeting Summary of March 3, 2005. ITEM 11: ADJOURNMENT The meeting adjourned at approximately 8:07 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING APRIL 12, 2005 PAGE 2 April 21, 2005 Senator Tom Wagoner State of Alaska Capitol Building, Room 427 Juneau, AK 99801-1182 RE: SENATE BILL 1 $8 -- PROHIBITING THE IMPOSITION OF MUNICIPAL SALES AND USE TAXES ON STATE CONSTRUCTION CONTRACTS AND CERTAIN ,S UBCONTRA CTS Dear Senator Wagoner: As you are aware, SB 158 would prohibit the imposition of municipal sales and use tax on a construction contract awarded by the State of Alaska or a state agency, or on a subcontract awarded in connection with the project funded under the construction contract. Because the State of Alaska pays no property tax in municipalities and with the loss of revenue sharing, safe communities money, increased fuel, benefit and insurance costs, how a city implements its sales tax ordinances should be determined by the municipal government and the people in that area. SB 158 would diminish the existing statutory authority of local governments. The Kenai City Council encourages you to value our above-stated concerns when considering your vote on SB 158. If you have any questions, please contact me at 283-8231 or City Manager Linda Snow at 283- 8222. CITY OF KENAI Pat Porter Mayor PP/clf Cc: Representative Mike Chenault Representative Kurt Olson Representative Paul Seaton Senator Gary Stevens 24-LS0402\F SENATE BILL NO. 158 1N THE LEGISLATURE OF THE STATE OF ALASKA TWENTY-FOURTH LEGISLATURE- FIRST SESSION BY SENATOR HUGGINS Introduced' 4/1/05 Referred: Community and Regional Affairs, Finance 10 11 12 13 14 A BILL FOR AN ACT ENTITLED "An Act prohibiting the imposition of municipal sales and use taxes on state construction contracts and certain subcontracts; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 29.10.200(51) is amended to read: (51) AS 29.45.650(c), (d), (e), (f), (i), [AND] (j)~ and (k) (sales and use tax); * Sec. 2. AS 29.10.200(52) is amended to read: (52) AS 29.45.700(d)a [AND] (e), and (g) (sales and use tax); * Sec. 3. AS 29.45.650 is amended by adding a new subsection to read: (k) A borough may not levy or collect a sales or use tax on a construction contract awarded by the state or a state agency, or on a subcontract awarded in connection with the project funded under the construction contract. This subsection applies to home rule and general law municipalities. * Sec. 4. AS 29.45.700 is amended by adding a new subsection to read: SB0158A -1- SB 158 New Text Unde~'2.i. ned [DELETED TEXT BP~CKETED] CITY OF KENAI '- IRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI. ALASKA 99611 (907) 283-7666 · (907) 283-8171 tax e-mail: kfdept@ci.kenai.ak.us April 13, 2005 TO: From: Subject: Linda Snow, City Manager Scott Walden, Fire Chief -,, .~~. March 9 - April 13, 2005 Depa'~-~i~i~t Report Type of i This This 2005 I 2004 ' Difference Percent Response t Period Period last to date i to date '04- '05 increase l, yr I for Year Fire I 16 8 ] 57 I 33 +24 f ~80 -18 EMS 69 88 262 i - Other 29 10 84 ! 42 +42 TOTAL 114 106 I 403 ] 355 +48 "Other" includes investigations, public assists, mutual aid, search/rescue, hazmat, alarms, ARFF. Completed and submitted federal and state grant applications tbr needed fire equipment and physical training. Completed and filed annual agreements and operating plans with State Forestry. Plans and agreements include reimbursement rates for personnel and equipment for wildfire responses. Worked with Finance to track, monitor and testify on legislative issues affecting the City including the retire/rehire bill, the PERS/TERS overhaul, revenue sharing, E-911 surcharges, among others. Completed participation in degree program development with University of Alaska Fairbanks; continuing to promote local training opportunities and degree programs. Attended incursion and communication training at the Airport; developed a fuel farm response plan for the airport certification manual as required by FAA. Placed the City on the Spruce Bark Beetle Mitigation list for clearing this summer and will attend several related planning meetings with that group. Continued working with the City Manager, Borough and State officials to finalize the City HazMit Plan Draft submitted last year. Provided tours and information for 2006 AWG Care and Comfort Committee. Memorandum- City of Kenai To: Linda Snow. City Manager From' Robin Feltman, Accountant Phone: 907-283-8229 Date: April 13, 2005 Re: Monthly Report The finance department is happy to have our receptionist, Jenifer Lockwood, back from maternity leave. The customers as well as employees enjoy her happy nature. We have all been busy with various pans of the budget process. The draft budget for FY06 is available and work sessions have begun. In addition to his other duties, Larry has been busy monitoring legislation taking place in Juneau. PERS is definitely a hot topic this year, and Larry is good at viewing the proposed changes and outcome with both the city and employees best interests in mind. MEMORANDUM CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611.7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO' FROM' DATE' SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manager~::~/~ April 13, 2005 Department Report for Council meeting of April 20, 2005 A current Public Works bid information sheet is attached and will be included as an information item for Council. We are soliciting bids to place urethane insulation and fire barrier on the ceiling beams of the Multi-Purpose Facility. Award of the project is planned for the City Council meeting of May 4, 2005. Should council elect to go forth with the project, it will be necessary to transfer funds to the odginal project capital project fund from other sources. More information will be available at that time. At the next meeting, we will have public hearings to replace KMC 4 and amend KMC 8.05. These ordinances will adopt the latest family of building and fire codes to comply with State of Alaska Fire Marshall requirements and keep pace with other iurisdictions. Our City Building Official and Fire Marshall worked together on local amendments to the codes. MEMORANDUM To: From: Date: Subject: Linda Snow, City Manager Rachael S. Craig, Senior Center Director April 13, 2005 March Monthly Report Total number of days rented in March 2005: Total Meal Count for March 2005: Congregate Meals: 1,467 Home Delivered Meals: 1,325 March 2004 Meal Count: Congregate Meals: 1,293 Home Delivered Meals' 1,111 March 2005 Transportation: Unassisted Transportation: 496 Assisted Transportation: 260 We had 830.25 volunteer hours. The Wellness Clinic saw 10 senior clients. This clinic is a service through the hospital community outreach. The nurse does blood pressure checks; blood draws and toe nail trims for diabetic clients. We had two dental hygiene students, from the University of Alaska, Anchorage, Ak., presented a workshop on oral heath care. There was a question and answer period, with handouts. On the 12th of March the seniors had a booth at the area-wide health fair. We displayed materials that showed the services of our senior center within our community and had a senior volunteer on hand to answer questions and pass out literature. St Patrick's Day was celebrated in a traditional way with Irish food and a "Wearing of the Green" Parade. We had 125 seniors present. Easter came early this year and was celebrated by an intergenerational event. An Easter Egg hunt for grandkids kicked off the day followed by an Easter Hat Parade, a puppet show and Easter Brunch. Many seniors and grandchildren participated. We have provided space for a "grandparents raising grandchildren" support group. This is a newly started support group in the Kenai-Soldotna area. Studies show there are currently at least 200 seniors in our community who are raising their grandchildren. The group will meet at our center until they find a place where they can come together and childcare can be provided. The director completed the Borough Grant and the United Way grant. working on the NTS grant due on May 16. She is currently Page 1 of 1 Kim Howard From' Ewa Jankowska Sent: Thursday, April 14, 2005 10'17 AM To: Linda Snow Cc' Kim Howard Subject: Kenai Community Library monthly report - March 2005 In March the Library's gate registered 7950 visits and we circulated almost 10000 items. There was a 20% jump in the Internet use due to more and more people filing their PFD and tax forms online using Library's computers. We also see a constant increase in the demand for audiobooks and other audiovisual materials. We issued 118 new library cards and added 549 items to Library's collections. The Library's web page has several visitors from abroad recently and we hope that those are the people considering visiting Kenai in the summer months. Just to make sure that the Library provides enough information on the web we have been updating our Kenai Information page constantly (www,.keo.ailibra~y;org/ker~a.i_c. ommun, ity_r~ew.htm) and recently we added tide tables and clamming tides listing. Ewa and Emily DeForest went to the Alaska Library Association conference in Barrow. The conference fulfilled the State Library grant requirement for the Library Director to participate in the 6-hour "training". The conference was extremely useful and informative. Among many other things, it explained the Kenai Library's participation in the new ©CLC group agreement for Alaskan libraries that will result in lower costs for cataloging and Interlibrary Loan and will produce a union catalog. Right now we have already installed a new cataloging software - Connexion (after participating in a class given in Barrow) and Linda McNair and Joy Morgan are going to Anchorage in April to be formally trained by OCLC. The Library's calendar for April 2005 and the newsletter are available at www,.ken.ai/ibrary.org. "¥i//aye wi?h a pas , wi?h a 210 Fidalgo Avenue, Kenai. Alaska 99611-7794 Telephone' 907-283-3692 / FAX: 907-283-3693 KENAI. ALASKA MEMORANDUM To: From: Date: RE: Linda Snow, City Manager Robert J. Frates, Parks & Recreation Director April 14, 2005 Monthly Report- March 05 The Kenai MPF experienced a slight drop in reservations compared to last season, primarily due to KPHA and the Homer Hockey Association booking fewer hours than March 2004. The Homer rink is operational now and will remain open through mid-summer. The opening of this fink will probably impact their usage of our rink next season. March brought on some warmer temperatures and gave us an opporttmity to test the effectiveness ' of the sprayed beams. Thus far, dripping from condensation under sprayed beams was non- existent and Public Works is moving forward with the spraying of the remaining beams. Work is continuing with respect to AWG upgrades as well. Grooming of ski trails became very limited by mid-month due to warming temperatures. Micah spent several days troubleshooting and replacing score clock lights at the fink and served as Acting Director during Director's vacation. The Director met with the Kenai Peninsula Soccer Club and presented overview of grant progress. Also met with Chris Hays (AWG Sports Manager) and developed a tentative timeline for MPF upgrades. Options were explored with Tom Burck (KCHS vocational instructor) for involving students in MPF upgrades, i.e., shacks and bleacher risen. The Director spent much of March wrapping-up the final application for the Kenai Soccer Park grant and retrieving information from various affected state agencies. The Kenai Eagle Disc Golf Club representative (Ross Baxter) delivered a new sign to be installed early summer at the new course. Ross is planning a grand opening tentatively scheduled for Saturday, June 4th. ., TO: KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 Linda L. Snow, City Manager FROM' Charles M. Kopp, Chief of Police DATE' April 14, 2005 SUBJECT' MARCH 2005 REPORT The Kenai Police Department responded to 457 requests for service in March. The Communications Center received 146 calls for service via E-911. The Communications Department participated in a one-day emergency communications seminar sponsored by the Alaska Department of Homeland Security in Anchorage. The training covered specific dispatch issues learned during the 9/11 attacks on America. interviewingInVestigat°rs childLangsethvictimsandofGe°rgesexualattendedabuse, a three-day seminar at the Kenai Peninsula Community College on Sgt. Sandahl attended an Alaska Highway Safety Office seminar on traffic safety grant applications. Investigator George, and Officers Langham and Ross attended a one-day death investigation seminar sponsored by the Alaska Office of Medical Examiner. Officer Whannell represented the Kenai Police Department with a crime prevention booth at the annual Health Fair in Kenai. The Kenai Police Department is the primary host agency for the May 2005 Alaska Peace Officers Association statewide conference, to be hosted at the new Kenai Landing resort. The Department wishes to invite our City Mayor and Council members to attend the opening ceremonies on Tuesday, May 24th at 9:00am. Public Safety Advisory: The FBI has arrested two suspects involved with the death threat/anthrax letter received two weeks ago at the Kenai Police Department. All is well. Monthly Report For April 20, 2005 Keith Komelis~ Public Works Manager ~. DF&G and USFWS Grant: I have been told verbally that the city will be getting the USFWS grant that I applied for to improve the culverts on S. Spruce and to replace the culvert on Boat Launch Road. I hope to get the grant offer soon so that we can get the work done before the fishing season. The city match will come from the Municipal Matching Grant funds that are for street improvements. Wetlands Protection - S. Spruce Project:. We have received the grant increase that l requested for the educational signs on this project. The city's match will be to furnish the signposts and install the signs. New Well House 4' I am still working through the DNR bureaucracy to purchase the land for the well. I have the appraisal on the 10-acre parcel (that we subdivided out of the 86-acres). DNR had revisions to the survey and appraisal, but we should soon be ready to purchase this land. Nelson is working on the design of the well house and the transmission water main from the well to Lawton. We are going to have West Coast Filter run a 30-day pilot test for water treatment before purchasing the equipment. Lawton Water Main Extension to WH 4: Nelson has completed the drawings. We are working with ADEC to get their approval. The Corps is going to give us Nationwide Wetland Permit (since most of the water main will be going through wetlands). We will install the water main after the ground freezes next winter. Kenai River Bluff Erosion Control Project: The city has not received the draft report from the Corps. Mayor Pat Porter's tdp to Washington, DC was successful in exchanging information on this project. The city is asking the federal government for FY 2006 funds of $9,800,000, which is 70% of the costs, for final design and construction. I have sent in a grant application to Stevens, Murkowski, and Young for this amount. We have requested the other 30% from the state. State Lec3islative Grant- Joint Municipal Water & Sewer System Analysis: Last summer we received notification that we have this $50,000 grant. Soldotna applied for $1,000,000, and we each ended up with $50,000. I would like to wdte the scope of work as, "Update and improve the City of Kenai Water System Study with consideration for a joint water system with neighboring areas." The money would be used to update Wm. J. Nelson & Associates Water System Study dated March 28, 1994. I think the Soldotna and Kenai City Councils are going to discuss this. Boating Facility Launch Ramr) and Exit Road Project: We have received the $350,000 grant from the state for adding two new launch ramps. Nelson has completed the design. We are working with the Kenai River Center and the corps for permits. We do not have sufficient grant funds to construct the exit road. Dip Net Fishery: The Dip Net Administrative Committee met about the upcoming season. Many ideas were discussed and we are working on a report that will outline our recommended plans for this season. Title 17- Public Utilities and Enterprises: Ordinance No. 2078-2005 was passed by council, which replaces Title 17 and Water and Sewer Regulations. This change took awhile, but it is a vast improvement. All of the gmat input from everyone has made this one of the best in the state. Public Works is working on procedures and new forms to handle the additions and changes from this ordinance. DEC Alaska Clean Water Fund (ACWF) and Alaska Drinking Water Fund (ADWF)' I have renewed the two projects requests that we have already submitted. Water Treatment System at Well Houses No. 1, 2, 3, and 4 (ADWF) and Maintenance Shop Groundwater Remediation (ACWF) are the two projects. Dust Control- I have applied for the DEC permit to use CSS1 for dust control on our gravel roads this May and June. The purchase orders for this work are for consideration by council at their next meeting. D. ock Leases: The bid opening for the two dock leases spaces and boat storage area is Apdl 27, 2005. The terms and conditions are the same as last year and for a one-year season only. Little League Parking: Our crews are going to work with parks to enlarge the parking off $. Spruce. nal Municipal Airport Airport Manager's Monthly Report April 15, 2005 Welcome Grant Aviation' Grant Aviation plans to begin regularly scheduled passenger service to the Kenai Airport on May 15, 2005. Grant Aviation is a well- established carrier in western Alaska with regular passenger service to Bethel, Dillingham and Emmonak. In 2004, Grant Aviation served over 75,000 scheduled passengers and over 10,000 charter passengers. They are a Part 135 carrier with 24 aircraft on their certificate including a King Air, Caravans, and Cessna 207s. Originally incorporated in 1971, Grant Aviation employs 110 full time and 45 part time personnel. They are extremely proud of their policy of promoting local hire and look forward to establishing a base in Kenai. Airport Supplemental Master Plan' .Next work session May 12 at 5'00. Please plan to attend. Terminal Access Project- At the request of one of the Terminal tenants we have added bicycle racks to the landscaping plan. This will be a nice addition for our customers. FedEx: We continue to work with several private developers to find a suitable on- airport location for FedEx. Kenai Peninsula Air Fair: The Kenai Airport staff and Commission are gearing up for the 5t" Annual Kenai Peninsula Air Fair. This year's event is scheduled for Saturday, May 21. The kickoff breakfast is at the Soldotna Airport with afternoon activities at the Kenai Airport Operations building. Volunteers are needed. Mark your calendars and give Mary a call if you want to volunteer. The next planning meeting is scheduled for 5'15pm on April 27th at Soldotna City Hall. CEPOA-EN-CW-PF 20 April 2005 MEMORAND~ FOR RECO~ SUBJECT: Kenai River Bluff Erosion Study- Project Status The draft reconnaissance report has been prepared. This report, also known as a 905(b) report determines if there is Federal interest in pursuing a detailed cost-shared feasibility study. The report indicates that the benefits of bluff stabilization would not justify the cost of the stabilization project. The report should be finalized early June 2005. The technical study, which is the focus of our work, has been stalled due to my recent travels for · work. All field studies have been completed and the remaining work is to.complete the technical report that documents these studies and presents study conclusions and recommendations. The draft report will undergo a technical review by peers start~g April 29, 2005. This review is scheduled for completion June 1. The city of Kenai will review the report prior to it being finalized.' The report is scheduled for completion July 2005. The information on the recent $500k is limited, but is for continued study of bluff stabilization. This prohibits us for proceeding to the design phase of a bluff stabilization project. However, we will use the money to collect the necessary information (such as additional geotechnical data) that is required to complete the-design. Additional study effort may include an assessment of the cultural resources along the bluff. This assessment would likely be required whether the project was pursued as a Federal or local project. For additional information please contact the project formulator, Mr. Patrick Fitzgerald at 907- 753-5638. · Patrick S. Fitzgerald, P.E. Project Formulation Section CF: Snow/City 0fKenai Komelis/City of Kenai A W, to 1 lmellne ..... Original Message ..... From: Bob Frates Sent: Tuesday, April 19, 2005 1:50 PM To: Linda Snow Subject: Re: AWG Timeline Linda, Here's a tentative timeline discussed with Chris Hayes, Jack LaShot and Robert Springer: April - Pull out the two team rooms. - Pursue estimates on radiant heat. - Further considerations for moisture/condensation resolution. May - Order bleachers. - Prepare front of bldg. w/additional sheet metal (can be done later). - Initiate work on standpipe and possible alarm system. June Prepare ground for water/sewer for shower facilities. - Identify and prepare locations for portable venue office, concessions, etc. - Order and initiate installation of security camera (can be done later). - Installation of doors, hardware, emergency lighting. July - Initiate/complete electrical work for team rooms, etc. - Complete necessary work and installation of radiant heat. - Complete all ground work or pad work for outbuildings, showers, etc. - Consider exterior lighting for parking lot during dark hours. August - Consider parking lot lines and fencing for traffic flow. - Consider plans for porta-potties and portable bathroom unit from Soldotna. - Location of appropriate power sources for "forced air heat". September - Enclose front with sheet metal. - Test of radiant heat. - Test of all lighting, doors, alarms, cameras, etc. - Completion of all incidentals and cleanup. October - Possible ice down for games. - Possible speed skating/hockey venue demonstration. - Upgrade and/or installation of appropriate sound system. The AWG budget shows $200,000 for the rink. In fact, Bill Pop reported at the last AWG meeting that a line item was submitted by the Kenai Peninsula Legislative delegation for a $650,000 grant from the State of AK as part of the current appropriations process now pending in the State Legislature. He said $200,000 of this would be dedicated to the MPF and grant may be available by the end of the 3rd quarter of this year. Bob Frates, Director Kenai Parks & Recreation 4/19/2005 e a wt 210 Fidalgo Avenue, Kcnai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX' 907-283-3014 KENAI, ALASKA 4/19/2005 MEMORANDUM To' Linda Snow From: Andy Vamer, Econ. Dev. Projects Coordinator Date: 4/14/2005 RE' Mid-month report After several meetings and multiple changes, the KEDS group finalized the draft strategy plan. Consideration was taken from the public feedback we received, and from discussions with City administrators and other community figures. The group tried to make the goals and the time frames in the plan ambitious, yet pragmatic, in keeping with the future development of Kenai. Some of goals touched upon in the plan are already being carded out by the affected champions, such as the KCVB, so it is nice to see people getting behind the project and making Kenai a great place to be. Now that the plan is finished, the next phase will be the formation of a Steering Committee to oversee the progress of the document, using the Work Plan section as a guide. The committee will be composed of 11 members, and the KEDS working group has received positive interest from several individuals in the community about serving on this committee. This phase should be completed by the end of April. The KEDS plan is on the Economic Development portion of the City's website. I've also added some updated statistics on the page for a city profile, and I plan to add a link promoting the vacant parcels of land in the City which are prime for development. KENAI, ALASKA 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak, us MEMORANDUM TO: FROM :Ci~.,~ DATE: Mayor Porter and Councilors Cary R. Graves, City Attorney April 15, 2005 Report for April 20, 2005 We should be getting our settlement money from the Highland Tank v. Bankers Standard class action case soon. That is the case where CIGNA refused to pay us (and a lot of others) dividends that were due under our workers compensation policies. The case settled. In January 2005, we challenged our original award calculation based on Larry's analysis of our loss records. Based on that challenge, our award was increased by $6,123. The law firm handling the class action (Roda & Nast, P.C.) gets 25% so there was a net increase of $4,592. The total award is $66,293. Because of other issues that needed my immediate attention, I have not yet completed the work on methods to deal with the issue of empty buildings in Kenai. I expect to have it completed for inclusion in the next packet for the May 4, 2005 meeting. Please let me know if you have any questions. INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 20, 2005 o . o . . . o , 3 / 23 / 05 Crista Cady Hippchen, Planner/Project Manager, KPB Planning Department -- Letter requesting comments on final draft of the KPB Comprehensive Plan. 4/14/05 Kenai River Special Management Area Advisory Board meeting agenda and minutes of March 10, 2005 meeting. 2005 Gaming Permit Application -- Frontier Community Services CES Open House invitation, April 20, 2005. 4 / 19 / 05 Kenai Peninsula Borough Assembly Agenda. 3 / 05 Kenai Multipurpose Facility Activity Report. 3 / 05 Kenai Community Library Report. City of Kenai Bid Information 2005. Linda Snow City Manager 210 Fidalgo Ave. Kenai, Alaska 99611 (907) 714-~00 F~x (9( '"'),,.,. ""' ' -- R 'E C E 19iE D"- l~ i _ ADMINISTRATI@N __ ~Ji ,,,, : ~ ~ - , . ..,.,~...,,, March 23, 2005 Dear Linda, After almost two years of working to update the Borough's comprehensive Plan, I am happy to present to you our final draft document. This final draft will be reviewc~l by the KPB Planning Commission at two public hearings, scheduled for Monday, March 28, 2005, in Soldotna, and Monday, Apdi 25, 2005, in Kachemak City. While the 2005 KPB Comprehensive Plan is meant as a guide for decision-making in the unincorporated areas of the borough, the plan does attempt to addross the important issue of maintaining communication and a collaborative relationship with the cities. Kenai's support of the new plan would be helpful to the Planning Commission meml~m when making their final recommendation on the plan to the Assembly. I would request that your city council be given the opportunity to review and comment on the plan at their next meeting, with any feedback forwarded to me by Fdday, April 22, 2005. The Assembly will hold public headngs on the plan on Tuesday, May 3, 2005, in Seward, and on Tuesday, May 17, 2005, in Soldotna. Thank you for your assistance dudng the various phases of this project and don't hesitate to call or email me if you have any questions. Sincerely, Cdsta Cady Planner/Project Manager 907-714-2206 (tel) ccad y~ borough, kenai, ak. us 907-262-8618 (fax) cc: Dale Bagley Max Best Matt Hastie KENAI RIVER ,Special Management Area "Working together...for the river" *** Meeting Agenda*** Thursday, April 14, 2005 5'30 p.m. Kenai River Center I. CALL TO ORDER II. A. Roll Call B. Approval of 3/10/05 minutes C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS A. Kenai National Wildlife Refuge Planning Update and EIS process- Robin West B. Kenai River Operations- Jack C. DOT Update- Soldotna Bridge, Chuck Swemor D. Soldotna Chamber of Commerce One Day Fishing Derby IV. OLD BUSINESS A. Kenai River Center Update, Suzanne Fisler B. Kenai River Working Group - Joe Conners C. Corr Property update - Jack Sinclair D. Boat wake study update - Robert Ruffner V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office, Box 1247, Soldotna, AK 99669, Soidotna 262-5581 Kenai Peninsula Borough, Box 850, Soidotna, AK 99669, Soldotna 262.4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources. in cooperation with the Kenai Peninsula Borough. le Kenai River Special Management Area Advisory Board Thursday, March 10, 2005 5:30 p.m. Kenai River Center CALL TO ORDER II. A. Roll Call Members Present: Robin West, Dave Westerman, Floyd Heimbuch, Jeff King, Linda Snow, Bill Shuster, Tom Vania, Tim Stevens, Joe Connors, Ted Wellman, Ted Forsi, Rick Wood. Members Absent: Ken Lancaster, Richard Hahn, Pete Sprague. B. Approval of 1/13/05 minutes Approved as written. C. Agenda Changes and Approval The agenda was approved with 2 additional items added under new business' The new ADF&G guide boat sticker-Jack Sinclair and Kenai Working Group Update-Joe Connors. PUBLIC COMMENT III. NEW BUSINESS A. The New ADF&G Guide Boat Stickers - Jack Sinclair Jack Sinclair reported that during the working group meeting Reuben Hanke discussed the new statewide decal that is required by ADF&G for sportfish fresh and saltwater guides. It was the interest of the working group to incorporate the ADF&G and State Park sticker in the future for the Kenai River. Suzanne said a year ago when the department of Fish and Game first began discussing developing a sticker, there had been some discussion of having a joint sticker for the Kenai River with Parks since both agencies were asking for the same information when registering guides. But the Department of Fish and Game went ahead with their plan and developed their new 2005 statewide sticker for sportfish fresh and saltwater guides. DNR is unable to eliminate their round Kenai River decal as it is used to identify guides on the river. Jack agreed that in the future the two agencies need to work towards some resolution and asked the board for support as state parks proceeds with the issue. B. Kenai River Operations- Jack Sinclair Jack Sinclair announced that a 4th new Kenai River Ranger was hired for the river. Ranger Ryan Gosse comes to us from Denali State Park. He worked on the Kenai River last year as part of his field training. The staff is looking forward to having a new and experienced ranger on staff this season. The river staff has been doing some cleanup work with some of the guides. False statements by non-residents claiming residency in Alaska when applying for their fishing license, then leaving the state and purchasing a resident license in another state, when residency can be claimed in only one state. They have been successful in bringing some cases to court. The hope is to curtail some of this activity that has been going on. C. Working Group Report and Endorsement- Joe Connors The Working Group met today and decided on 9 points for short term changes. The 9 items include' · Mandatory drug testing for all motorized and non-motorized guides. · Two years of Alaska fishing experience for a new guide. This would be a fishing license in Alaska for 2 years. · Guides must have a current Driver license or ID. · A felony conviction in the last 5 years would not allow you to be a guide. They must have no more than one fishing violation in the last five years. Fee increase. The guide license could be purchased for 3-year periods. Must be at least 18 years of age to acquire a permit. · Guide academy. · Tri-Annual orientation. First year Guides would be required the year they were permitted to have orientation; others would be required to have a refresher orientation every three years. · Guide Board Joe spoke mainly to two of' the 9 items. First the guide board would be some sort of group that could interface with guides on issues between Kenai River Special Management Area Advisory Board Minutes-March 10, 2005 Page 2 of 6 other guides and public. How would that committee be created and what would its basic authority be? Joe said the other pressing item would be the user fee concept. There are some people who pay no user fee and use park facilities. Joe asked if there may be some interest in having a sockeye stamp or habitat stamp or something like that. Joe is asking for the KRSMA Board's endorsement of the 9 items and input on user fees and the establishment of the guide board. The next working group meeting is set for April 1 lth. Ted Wellman then discussed how the working group wanted to accomplish something on the short term thus the 9 items that Joe spoke on. The reason the group decided to do this in two parts was to at least have some short term fixes ready for 2006. The AG explained there must be some justification or certain backup to set a numeric limit. What Joe is recommending is to get the endorsement of the 9 points. Jeff King made the motion to endorse these 9 requirements. Linda seconded the motion. Jeff added he would like to discuss further the user fee concept. Joe said the guide academy has been one of the more lengthy discussions that have been going on at the working group. Gary Turner came to the working group and gave a presentation of curriculum that has been established for the course. Discussion continued about user fees and guide academy. Jeff added he would like to discuss further the user fee concept. Joe suggested $10 per year for all river users. Tom Vania said the Board of Fish did not pass 20 to 30 proposals at their recent Board ofFish meeting because of what the working group was doing. Ted said it is incumbent upon the working group to continue to resolve and get to the ultimate issue which is a number and a limitation and to do it legally making sure the AG office is on board before we try it again. The motion was then brought to a vote to support the 9 points for short term changes. Kenai River Special Management Area Advisory Board Minutes-March 10, 2005 Page 3 of 6 A show of hands 7 in favor and 0 oppose. The board would like to see the 9 points in writing by the next meeting. D. Board of Fish Summary- Tom Vania A copy of the news release was provided to the board members. This summarizes the regulation changes that occurred for the Kenai River. They can be found on the State Dept. ofFish & Game web page. The biggest changes dealt with resident species' Rainbow Trout, Dolly Varden, Coho, King Salmon and Sockeye salmon. Tom said the reg changes will simplify and align regulations on the Kenai River. IV. OLD BUSINESS E. Kenai River Center Update, Suzanne Fisler- The biggest thing on everyone's mind in the permitting realm is the crane that arrived in Soldotna for the bridge and will be visible for the next two years. Suzanne told the board there was lots of discussion between USF& Wildlife Services, DNR Habitat, ADF&G and NOAA and other fishery related resources about the timing windows of when the pile driving operation could occur. Normally ~vork stops when there are juvenile fish emerging in near shore areas and it continues through the summer. The groups decided that all the pile driving activity at the near shore of the river (riparian area) would be prohibited from May 1 to August 31. That is why there is such a push to get everything thawed and get the utilities dug out because the temporary bridge will be in place by May 1. After May 1 to June 30 they will be able to be in the center channel. During this time they will dismantle the old bridge and deliver to DOT in usable condition. Suzanne said navigation plans are in place, where there are some things that DOT are required to do, or where they may have partial closure of the river, in other words one side may be closed and one open, but will be clearly marked with buoy and flaggers. There will be no complete closures in the month of July between from 5 am to 7pm. F. Letter to Commissioner re' illegal guide enforcement-Jack Sinclair. The commissioner was sent a letter from the chair regarding illegal guiding and the need for additional funding for enforcement. Ken Lancaster and State Parks worked together to compose the letter and resolution. A copy was provided to the board members. Kenai River Special Management Area Advisory Board Minutes-March 10, 2005 Page 4 of 6 Ge Corr Property update - Jack Sinclair Chris Degemes had a meeting with the Commissioner and the Director about a month ago. They felt that if there was enough local support to pursue that purchase, the Commissioner would carry that to the Governor's office. It will need to have considerable support from the communities and the assemblies or any other groups that KRSMA can get to write letters of support requesting the State would continue to pursue and make money available to purchase the property. Joe Connors said that this is a once in a life time opportunity. It is a great piece of land with a mile of river frontage and the chance to pick it up for park use and natural resource protection. Suzanne said we are really close to acquiring the purchase. There is 1.3 million between the Conservancy and Fish and Game. The total needed is 2 million. Jack requested all the members to be supportive; to be talking to whomever you feel needs to be talked to. It needs to be taken to the Borough assembly, and get some sort of resolution at that level saying they support the purchase. The board gave Jack support and many members commented they would help in any way. It was also recommended that Jack contact Pete Sprague of the Kenai Peninsula Borough and he will work up a draft resolution for the borough to consider. City Counsel needs to be approached also. H. Boat wake study update Robert Ruffner- not present. The agenda was completed at this point of the meeting. However, Ted Wellman made a few recommendations with a main focus on reviewing recommendations this board made from the 96-97 Comprehensive Management Plan. A new subcommittee was formed to be chaired by Jeff King. Others on this committee are' Ted Forsi, Floyd Heimbuch, Joe Connors, Dave Richards and Suzanne Fisler as staff. They plan to meet before the next meeting in April. Ve PUBLIC COMMENT Pat Johnson asked if there was a specific way to designate the user fee back towards a specific thing on the river. Robin said that this has been one of the stumbling blocks that folks have looked at. Jeff said that this is part of the plan for the user fee. State Parks has been successful in getting money back from the state when they have programs in place that create revenue and its part of government. Joe Connors said Chris Degemes reported on this at the Kenai River Special Management Area Advisory Board Minutes-March I 0, 2005 Page 5 of 6 working group that if you generate a certain amount of funds one year, there is a good chance you will receive a good portion of that amount back the following year, because you will change your budget to reflect that as income. Jack stated that the administration is working towards creating certain mechanism that help support services. DMV is an example that is a receipt- supported service now being totally funded by the public Pat Johnson stated that many of his customers have told him they would be willing to paying a user fee if they had some kind of assurance that the money will come back to the Kenai River. Dave Richards said he is adamantly opposed to the college course proposed for guides. He feels that if there is a problem with some guides deal specifically with them. Dave asked who will have the final say on the college course. Joe said it is the desire of the working group to have this in place by the 2006 season. VI. ADJOURNMENT A. Board Comments Robin wanted to know if there is an interest at the next meeting for the Refuge to present an update on Refuge planning and how it pertains to the Kenai River. It would be a two part- one would be to get someone from the fishery office to share the survey results they did on the upper river last year on use and how it has changed over the years. The second part would be a briefing on the EIS; specifically how it would affect the river, guides and other things. There was over whelming interest in bringing that to the next meeting. Robin: Vice Chair position- will finish the term but feels the need that the position needs to be a voting member instead on a non-voting member. Bill Shuster: The Forest Service says Chugach Electric is moving right along with the Cooper Lake Hydro Project. Tim Stevens' Commented that the mixing zone regulations have not moved forward yet. Still in review. B. Date/Agenda of Next Meeting April 14, 2005 Kenai River Special Management Area Advisory Board Minutes-March 10, 2005 Page 6 of 6 Department of Revenue State of Alaska Tax Division, Gaming Group 2005 Gaming Permit Application °OBox 110420 AS 05.15.020 .neau, AK 99811-0420 ~'elephone 907.465.2320 This form is also available on the Intemet at www. tax. state, ak. us/forms, asp ORGANIZATION INFORMATION Federal Employer Identification Number (EIN) I Permit Number 92-0114675 i Frontier Community Sorvicos Mailing Address 43335 Kalifornsky Beach Rd., #36 TYPE OF ORGANIZATION. (Check one box. For definitions see AS 05.15.690 and 15 AAC 160.995.) r-] Charitable ~ Fraternal ~'] Civic or Service ~ Labor ~ Dog Mushers ~ Municipality ~ Educational ~ Non Profit Trade Association r-] Fishing Derby r-] Outboard Motor Association ORGANIZED AS Date Stamp Telephone Number 907-262-6331 Fax Number 907-262-6294 E-Mail Address Howard@fcsonline.or~ Police or Fire Department Political Religious Veterans IRA/Native Village PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the organization. Persons may not be licensed as an operator, vendor, or employee of a vendor. Primary Member's First Name Primary Member's Last Name iammy Meier ,:iai Security Number Daytime Telephone Number 907-262-6331 ext #238 Home Mailing Address 35584 Knackstedt St. City Soldotna Has the pdmary member taken and passed the test? Permit number under which the test was taken. Zip Code 99669 Alternate Member's First Name Social Security Number Alternate Member's Last Name Howard Daytime Telephone Number ~ 907-262-6331 ext #276 Home Mailin.q Address P.O. Box2184 City Soldotna Has the alternate member taken and passed the test? Permit number under which the test was taken. State Code AK 99669 IX 1 THESE QUESTIONS MUST BE ANSWERED. (See instructions.) r-~ Yes [~ No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? [~ Yes [~] No Does any member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.954? We declare under penalty of unswom falsification, that we have examined this application, including any attachments, and that to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on this application or any a~racnmen~s /s pun/snao/e oy /aw. Two copies of this application must be sent to all applicable municipalities and boroughs. See instructions for mandatory attachments. Form 04-826 Application Front (Rev 09/04) Page 1 V, ation Number 2005 Gaming Permit Application lOrganization Name Frontier Community Services GAME 'D'PE. (Use for completing information below.) r-~ Bingo [~ Raffles Puli-Tabs OContest of Skill r'"] Canned salmon Classic D Deep Freeze Classic '"'] Dog Musher's Contest F-'] Fish Derbies DGoose Classic J'~ Ice Classic ACTIVITIES CONDUCTED BY ORGANIZATION Facility Name Physical Address ~ King Salmon Classic ~ Mercury Classic DRace Classic QRain Classic F'"J Salmon Classic Frontier Community Services, 43335 Kalifornsky Beach Rd., #36, Soldotna, AK 99669 Permit Number OSnow Machine Classic r"-] special Draw Raffle Animal Classic (Rat Race) Animal Classic (Chicken) Game Type(s) Raffle Is Facility r--]Owned r~Leased r-] Donated [-']Owned r-]Leased [~Donated [--']Owned [~]Leased r-]Donated r-lOwned J--JLeased r-lDonated MANAGER OF GAMES. As defined in 15 AAC 160.995 and 15 AAC 160.365. (If you have indicated a self-directed bingo or pull-tab game above, then you need to appoint a manager below.) Manager's First Name JM.I. JManagers Last Name James JKJ Duff Home Mailing Address 259 Rockwell St. Social Security Number JDaytime Telephone Number I J907-262-6331 ext. #353 City JState JZip Code Soldotna ACTIVmES CONDUCTED BY VENDOR. (Pull-tabs are the only games a vendor can conduct.) Vendor registration and fee must be attached. Name of Vendor Physical Address N/A ACTIVITIES CONDUCTED BY OPERATOR Name of Operator Physical Address Game Type(s) Operator's Lic. No. N/A ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE Name of MBP Physical Address Game Type(s) MPB Permit No. N/A DEDICATION OF NET PROCEEDS. The organization must use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization will use the net proceeds from gaming activities. (Be specific.) The net proceeds will be used to assist Frontier Community Services in providing quality corn- rnunity services for people of all ages, who are at risk of, or experienceing a disabling condition and for which we are not reimbursed for these same services by a state or federal a~enc¥. Form 04-826 (Rev 09/04) Back CES Open House 75th Anniversary Celebration of Cooperative Extension Service Wednesday, April 20, 2005 Time: 2:00-8:00 pm 43961 K-Beach Rd, Suite A Soldoma I:~IRB~HKS (In the same building as Fish & Game) Food! Fun*. Door prizes ! Kenai Peninsula Borough April 19, 2005 - 7:00 p.m. Assetnb Regular Meeting Borough Assembly Chambers, Soldotna, Alaska Gary Superman Assembly President Seat 3 - Nikiski Term Expires 2007 Ron Long Assembly Vice President Seat 6- East Peninsula Term Expires 2006 Dan Chay Assembly Member Seat 1 - Kalifornsky Term Expires 2006 Paul Fischer Assembly Member Seat 7- Central Te.'~- r, xpires 2007 .ilick Assembly Member Seat 2 - Kenai Term Expires 2005 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® B® Ce De Ee Fe Ge He I® J® Ko 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. March 28' 2005 Homer Public Hearing ..................... 1 *2. April 5, 2005 Regular Meeting Minutes .................... 3 COMMENDING RESOLUTIONS AND PROCLAMATIONS o Mayor's Proclamation Declaring May 1-8, 2005 as "Cover the Uninsured Week" ..................................... 18 PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) le Central Peninsula General Hospital Inc., Quarterly Report PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) REPORTS OF COMMISSIONS AND COUNCILS April 19, 2005 Page 1 of 9 Le Me Ne MAYOR~ S ]~P 0 RT ................................................... 19 , Agreement and Contracts a, Spruce Bark Beetle Mitigation Program: Approval of contract with Tinker Creek Surveys for College Road Surveying Project ................................ 20 Approval of contract with Segesser Surveys for North Fork #2 Surveying Project ..................................... 22 Approval of contract with Segesser Surveys for North Fork #3 Surveying Project ..................................... 25 Approval of contract with Segesser Surveys for North Fork #4 Surveying Project ..................................... 28 Approval of contract with Paul' s Services for Voznesenka ROW #1 Add-ons .......................................... 31 b. Approval of sole source contract with Governmem Computer Sales for Upgrading Computer Network Data Backup System ............... 33 C. Approval of bid award to Alaskan Industries for Multi-Purpose Room Flooring Replacement at Seward Elementary School ............... 35 2. Other a, Budget Revisions - March 2005 ................................ 37 b, Revenue-Expenditure Report- March 2005 ...................... 39 ITEMS NOT COMPLETED FROM PRIOR AGENDA , Resolution 2005-029' Supporting the Continuation of the Kenai Spur Extension Road Project (Mayor) (Referred to Finance Committee) ................... 42 PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 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) (Referred to Finance Committee) ................... 47 April 19, 2005 Page 2 of 9 e 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) (Referred to Policies and Procedures Committee) ..................................................... 52 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) (First of Three Hearings) (Referred to Finance Committee) .................................... 72 Ordinance 2005-10: Confirming the Assessmem Roll for the Tusmmena Terrace Utility Special Assessmem District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Referred to Finance Committee) ............................................... 84 Se Ordinance 2005-11' Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District of the Kenai Peninsula Borough (Martin) (First of Two Heatings) (Referred to Lands Committee) ........... 98 Ge Ordinance 2005-12' Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service Providers (Chay) (Referred to Policies and Procedures Committee) ........................................... 132 O® UNFINISHED BUSINESS 1. Postponed Items ae Resolution 2005-028' Supporting HB 195 "An Act Appropriating Funds to Reimburse Municipalities for Real Property Tax Revenue Lost Due to the Mandatory Senior Citizen and Disabled Veterans Exemptions" (Superman) (Referred to Legislative Committee) ................. 135 P® NEW BUSINESS 1. Bid Awards *a. Resolution 2005-031' Authorizing Award ora Contract for the Road Service Area Bruno Bridge Rehabilitation Capital Improvement Project (Mayor) (Referred to Finance Committee) ...................... 137 April 19, 2005page 3 of 9 2. Resolutions ge *a. Resolution 2005-032: Authorizing the Lease of Lot 82, Tyonek Teacher Housing Subdivision, According to KPB Preliminary Plat No. 2005-012, from the Tyonek Native Corporation for Teacher Housing in the Native Village of Tyonek (Mayor) (Referred to Lands Committee) ......... 139 *b. Resolution 2005-033: Supporting Efforts to Purchase the Corr Property Near Soldoma, Alaska located along the Kenai River for Inclusion into the Kenai River Special Management Area (Sprague) (Referred to Lands Committee) .............................................. 150 *(3. Resolution 2005-034: Supporting Senate Bill 102 Relating to an Extension of Time for Coastal Districts to Submit Revisions to Their Coastal Management Programs (Martin) (Referred to Legislative Committee). 158 *d. Resolution 2005-035' Urging Members of the Senate and the House of Representatives to Promptly Meet and Work Together to Develop Legislation that will Provide Adequate Relief to Municipalities for the Public Employee Retirement System and Teacher Employee Retirement System Deficit (Martin) (Referred to Legislative Committee) ....... 163 *e. Resolution 2005-036: Determining the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2005-2006 (Mayor) (Referred to Finance Committee) ............................. 165 Ordinances *a. *b. *¢. Ordinance 2004-19-50: Accepting and Appropriating a Grant from the U. S. Depamnent of Homeland Security in the Amount of $8,271 for the Bear Creek Fire Service Area for Fire Prevention and Safety (Mayor) (Heating on 05/17/05) (Referred to Finance Committee) ........... 168 Ordinance 2005-19: Appropriating Funds for Fiscal Year 2005-2006 (Mayor) (Heatings on 05/03/05 & 05/17/05) (Referred to Finance Committee) .............................................. 173 Ordinance 2005-21' Authorizing the Disposition of Certain Real Property Through a Memorandum of Agreement Between the Kenai Peninsula Borough, the State of Alaska Department of Transportation and Public Facilities, and the State of Alaska Department of Administration Enterprise Technology Service (Mayor) (Hearing on 05/17/05) (Referred to Lands Committee) ....................................... 178 April 19, 2005 Page 4 of 9 e *d. Other Ordinance 2005-022' Amending KPB 4.13.140(A) and 4.13.150(A) Regarding the Scheduling of Elections Concerning Initiative and Referendum Petitions (Superman at the request of the Borough Clerk) (Hearing on 05/17/05) (Referred to Policies and Procedures Committee) ........................................................ 198 *a. *b. *C. Petition to vacate the westerly 2640 foot portion of the 100-foot wide section-line easement (50-feet on each side of the section line) common to Section 19 and 30, Township 4 South, Range 13 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-098 (Referred to Lands Committee) ....................... 203 [Clerk's Note' The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduled March 28, 2005 meeting.] Petition to vacate River Ramp Court a 60-foot public Right-of-Way, and associated public utility easements, dedicated by Riverwood Subdivision Phase One (Plat KN 84-182); within Section 7, Township 5 North, Range 10 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2005-044 (Referred to Lands Committee) ........................................................ 226 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduledMarch 14, 2005 meeting.] Petition to vacate a portion of Crustacean Avenue and associated utility easement adjacent to Tract B, dedicated by Beach View Subdivision (Plat KN 2004-51); within Section 24, Township 4 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninstfla Borough; KPB File 2005-052 (Referred to Lands Committee) ................... 240 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduled March 14, 2005 meeting.] April 19, 2005 Page 5 of 9 _7_ Q® *d. Petition to vacate a portion of a section line easement within Lot 4 Rozak Stariski Point Subdivision (Plat HM 2002-17) AND Vacate Sonnichsen Avenue and all adjacent utility easements associated with Sonnichsen Avenue; Section 25 and Section 36, Township 3 South, Range 15 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2005-053 &KPB File 2005-059; (Note' Additional Section Line Easement is being granted) (Referred to Lands Committee) ......... 254 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduled March 14, 2005 meeting.] *e. Petition to vacate a 33-foot section line easement along the west boundary of Tract A Van Sky Subdivision No 3 Amended (Plat KN 2000-40 & 2001-9); Section 23, Township 7 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-054 (Referred to Lands Committee) ....................... 274 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduledMarch 14, 2005 meeting.] Withdrawing the 01/04/05 Protest and Approving the Application for New Liquor License filed by Kenai River Raven Lodge in Soldotna, Alaska (Referred to Finance Committee) ....................... 292 *g. Confirming the Appointment of Christopher D. Mokracek as the new Central Emergency Services Chef(Referred to Policies and Procedures Committee) .............................................. 294 *h. Confirming an Appointment to the Anchor Point Advisory Planning Commission (Mayor) (Refe~ed to Policies and Procedures Committee) ........................................................ 300 Brok Shafer Seat C Term Expires September 30, 2005 *i. Approving the Application for Restaurant Designation filed by The Homestead Fine Dining, Inc. d/b/a The Homestead Restaurant (Referred to Finance Committee) ...................................... 303 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) April 19, 2005 Page 6 of 9 Re So ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS May 3, 2005 07'00 PM Regular Assembly Meeting Seward ASSEMBLY COMMENTS te PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance 2005-05 (Glick) Substitute: Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters ora Proposition Authorizing the Borough to Impose this Tax (Glick) (Hearings on 05/03/05 & 05/17/05 (Referred to Policies and Procedures Committee) e Ordinance 2005-09' Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including Reducing the Senior CitizendDisabled 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) o Ordinance 2005-11' Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District of the Kenai Peninsula Borough (Martin) (Heatings on 04/19/05 & 05/03/05) (Referred to Lands Committee) e 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 to Lands Committee) Se 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) Ge 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 Alann Improvements (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee) April 19, 2005 Page 7 of 9 e 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) (Heating on 05/03/05) (Referred to Finance Committee) Ordinance 2004-19-46: Appropriating Supplemental Funding to Cover Health Insurance Cost in Excess of Budgeted Amounts (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee) o 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) 10. Ordinance 2004-19-48' Accepting and Appropriating a Direct Lump Sum Payment of $2,071,000 from the U.S. Forest Service to Implement the Spruce Bark Beetle Action Plan (Mayor) (Heating on 05/03/05) (Referred to Finance Committee) 11. 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) (Referred to Finance Committee) 12. Ordinance 2005-17' Authorizing the Negotiated Sale of a Tax Foreclosure Parcel Previously Retained for Public Purpose (Mayor) (Heating on 05/03/05) (Referred to Lands Committee) 13. Ordinance 2005-18: Authorizing Negotiated Leases of Space at the Kenai River Center Building with the State of Alaska, Deparmaent of Namral Resources, and the United State Environmental Protection Agency (Mayor) (Hearing on 05/03/05) (Referred to Lands Committee) 14. 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) 15. 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) U. INFORMATIONAL MATERIALS AND REPORTS April 19, 2005 Page 8 of 9 ge NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting ofthe Kenai Peninsula Borough Assembly will be held on May 3, 2005, at 7:00 P.M. in the Seward City Council Chambers, Seward, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K2 01A 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 19, 2005 Page 9 of 9 KENAI MULTI-PURPOSE FACILITY ACTIVITY REPORT Month: March 05 ACTIVITY Customer Type: (hrs.) KPHA KCHS Homer H.S. North Pen. Rec. Adult Lea Nikiski H.S. Homer Hockey Assoc. Total Hrs: Revenue: Ice Rental Public Skate Dasher Ads Ice Maint. Electric Gas Water and Sewer Sanitation Total Revenue: Total Expenses: TInS MONTH 63.00 2.75 15.00 9.75 90.50 $9,903.00 63.00 $9,900.00 5,159.08 360.42 267.68 64.00 $9,966.00 $15,751.18 THIS MONTH LAST YEAR 76.0O 11.25 16.50 103.75 $10,952.81 $9,946.56 4,041.89 331.83 141.57 75.73 $11,062.81 $14,535.17 YEAR TO DATE (Seot. o4-Ma~. 05) 406.50 114.75 31.25 41.50 56.00 72.25 722.25 $79,209.62 602.85 3,720.57 $61,616.62 32,056.71 2,481.27 1,477.02 385.20 $82,357.67 $98,016.82 163 Main Street Loop Kenai, Alaska 99611 REPORT FOR MARCH, 2005 CIRCULATION Adult Juvenile Easy Books Fiction 1961 Non-Fiction 1870 Periodicals 74 Intemet Access Music Misc. Puzzles Videos 1167 271 2 12 1110 Total Printed Materials ............... 6356 Total Circulation ............................ 9720 PAC Searches ......................... 7453 559 289 DVD 556 1259 344 Audiobooks 246 ADDITIONS Docs Adult Juvenile Gifts 11 138 20 Purchases 151 53 Total Additions ................................. 549 Easy Books 27 57 AV 74 18 INTERLIBRARY LOANS Ordered Received Returned Books 3 9 3 2 17 INTERLIBRARY LOANS BY OUR LIBRARY ........... 41 INTERNET USE ......... 1167 VOLUNTEERS Number .....9 Total Hours ..... 141 INCOME Fines and Rental Books Xerox Lost or Damaged Books $954.90 311.25 212.95 Total Income for March, 2005 ...... $1,479.10 Library Cards Issued March, 2005 Kenai 61 Clam Gulch 1 Kasilof 2 Nikiski 9 Soldotna 26 Sterling 5 Other 14 Total 118 Library Patronage .......7,950 Persons Adult Programs ..........21 Persons Childrens' Programs .....354 Persons Plus Dr. Seuss Party ........... 246 Persons 143 o I ~ AGENDA  '~ ~----~ENAI CITY COUNCIL- REGULAR MEETING ~~~ :00 P.M. ~~ KENAI CITY COUNCIL CHAMBERS KEN~. AL~ h ttp ://~. ci. k enai .ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Kenai Middle School Students -- Kossack Korner Clothing Drive 2. Jason Elson-- Donation of Land ITEM F' PUBLIC HEARINGS 1. 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. a. Substitute 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 84 Hours and Lowering From 80 to 60 Houm Per Week the Amount of Leave Time That Must be Taken for Employees Working 40 Hours Per Week. 2. 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. 3. Ordinance No. 2089-2005 -- Replacing KMC 4 to Adopt: 1) the International Building Code, 2003 Edition of the International Code Council; 2) the International Properly 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. 4. Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, Fimt Printing. 5. Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add Qualification Pay of $300 for Fire Fighters Who Quali~ as Fire Apparatus Operators. 6. Resolution No. 2005-12 -- Transferring $3,372 in the General Fund for a New Ice Machine at the Senior Center. 7. Resolution No. 2005-13 -- Transferring $5,400 in the Airpo~ Terminal Enterprise Fund for Pemonnel Se~ices. 8. Resolution No. 2005-14 -- SuppoSing the Effo~s of the Kenai Economic Development Strategy (KEDS) by Directing the City Administration to Appoint a KEDS Steering Committee Member and to Continue its Close Work With the KEDS Working Group. 9. Resolution No. 2005-15 -- Awarding a Contract to Kustom Signals Inc. for a Speed/Message Trailer for the Total Amount of $26,714. 10. *2005 Liquor License Continuance WITHDRAWAL OF PROTEST-- Alaskalanes Bowling Center. ITEM H: OLD BUSINESS 1. Discussion-- La,on Acres ITEM I: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $2,500 3. *Ordinance No. 2092-2005-- Increasing Estimated Revenues and Appropriations by $25,000 in the Senior Center Kitchen Capital Project. 4. *Ordinance No. 2093-2005-- Amending KMC 14.20.230(g) to Include an Exemption for Ce~ain State Approved Relative Day Care Providers. 5. *Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a Definition of "Condominium." 6. *Ordinance No. 2095-2005 -- Increasing Estimated Revenues and Appropriations by $650 for an Increase in Federal Grant for Wetlands Protection. 7. *Ordinance No. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $2,740,085 in the Airpod Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. 8. Approval -- Kenai Golf Course/Amendment to Leases, Parcels A and B (Increase in Fees and Extension of Expiration Dates) 9. Approval -- Consent to Sublease -- SOAR International Ministries, Inc. to Peninsula Aircraft Wash Detail Se~ice/Lot 3, Block 1, General Aviation Apron. 10. Approval -- Kenai Municipal Airpo~erminal Counter Space Lease Spaces 34 and 35 -- Grant Aviation. 11. Approval -- Termination of Kenai Municipal Airpo~ Lease/Space 21 - Fischer and Associates, Inc. EXECUTIVE SESSION -- Possible settlement of Schmidt v. City of Kenai, et. al. MAKE 28 PACKETS COUNCJ~L PACKET D~ESTRZ:BU'I-J~ON COUNCT. L MEET[N6 DATE: Mayo~/Council Attorney Clerk ~'~City Mana~e~ ~' Public Works v' Police Department ~ Finance v En~inee~ Senior Cente~ ~ Airport Library ~ Porks & Recreation Fire Department / 5chmidt VISTA ~ Olson (Mail) ~L'~3"' _~ ~*;~~/c ~,,i~_ A6ENDA D]~$TI~BUT[ON Sewer Treatment Plant Streets Shop bock Building Maintenance Animal Control Water/Sewer Counter DELIVER 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 :ilO, ~Tuneau (mailing labels in Dyno Label list). The portion of the agenda published by the Clarion should be emailed as soon as possible afte~ Noon on packet day. The came~a- ~eady agenda c:/myfiles/documents/minutes/agenda fo~m fo~ paper)is emailed to Denise at ?¢n/nsu/a d/ar/on (at email folde~ Wo~k 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 ~E 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.