HomeMy WebLinkAbout2006-11-21 Council Packet Part B- x ~n ~
Cit,y' ot'Kcnai
MarilynKebschull, AIC'P
21 U Fidnl¢~o Avc.
Kenai, Alaskti 9961 I -779~t
Dear Ms KeUschull:
tnchor Investments
Dl3r~ as' Ancha' T~aiter C:ourt
Keith and D~,rochv Wilhelru Et A(
5015 Nugget i.ane
;lnchcirage, Ak 99S I
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VJe are in receipt af t6e copy oi'the propc~se C)rdinance No. 319G-;006.
r~s we are tme of'the twv cow~[s in the cit~ c~f Kenai, [ tsssume this is directed ~t our court.
f am alarrned by so~ne of'the proposed requirements in this urdinance.
I~m sure you reafize that this cuut2 offers one uf the few oppor[unities fi~r low incorr~e
residents to provide hou5inF3 for their fumilies. }'.ven at our low rental rxte of $21 U per
month, ati'er pa}'i~~ f'or natural K~s and eleCtricit~~ some ot' our residents require a5eietence
frc~m arga~iizati~ans to ra:rtain in the cour[.
If~you require new residents tt~ pfi~' additional f'ees Eor ins'pcction of gas and e(ectric
houkups, over and Eibove nvrmal mcrving and h~ok up costs and buiiding pormits and
othcr fees', it wil! be be~ ond their Iinanciat abilit~~. (t will be ver~~ difticult for a new
tenant to mc>ve intc? the cuurt.
Uur u>urt already reyuires tenr~nts to bluck up their trailer~ safely aind skirt them. We do
not own uny trriilers. We just pruvidc space fc~r chetii.
ln anc~ther sectiqn, ~•ou suggest new setback regulatiuns and lot sizes. Since winter has
set in, this is a ve~~' pt>or time te~ check [o see if otu lots ~ire in compliance. And thi~
would be a povr fime if necessar} i~i move all the lines invc,lved, wtuer, sewar, gas and
elec;vicity. Tf all thcse regulations were adopted, it would be unnecessarily burden~om~
to us and our te~aan[s.
We ure asking ti.x more time te~ cu~isider our optiori's under this pn~posed ordinance Nc.i.
2196-2OOf~.
S' uercl}•
~ ~'~-~'~
Dvroth~~~elm
Owner
i1-8-2006
To my feliow Kenai City resideuts
~ Since moving to Aiaska in 2000, I have worked many jobs, often two at a time in
order to get by and make a life for myself that I can be proud o£ I have been very
successfui so far and I attribufe my success to my little, ugly, often brolcen, sometimes
leaky, ciean, eozy, a~fFardable mobile home. It does not comply with the standards of our
new suggested ordinance, and t~lough this ordinance would not affect ine, it will affect a11
those lilce me who will come after.
Because I could afford to move my trailer to Higllland Pride, I have been abie to aPFord:
• Eaming a~ Associates of Arts degree Erom KPC.
• Schooling to graduate in the spring when I will receivE an Assoeiates of Applied
Sciences degree in Process Technologies.
• Buying a two year old lruclc and paying off the 1oaa1 in two years.
• Malcing s~nall mortgage payments on a very valuable piece of Califoinia real.
estate.
• Buyi,ug a snial] piece of land nl Soldotna.
• Traveliug yearly to Califonlia to visit with family members who unfoi-tunately are
growing old.
• Traveling to Anchorage (in the early years) to visit my ~Frst Iove.
• Manying hiin last inonth.
• Helping friends, family, and neigllbors who l~ave been less forCUnate than ine
financially.
• Donating inoney To local charities and national organizarions.
• Payi,ng for a medical operation.
In closing, I would like to mention 2hat we all have the right to make oi~r ov~m
standards for ourselves, prioritize our lives accorduig to oiu own ideas and beliefs. All
the things in Yhe list above are greater prioiities for me than living above my means.
Someclay when I am sitting in a beautiful house that I can ca11 my own, enjoyulg my
friends, family, and excellent job, I will remember my years in Yhe trailer park and be
proud that I sacrificed comfort a~~d status in the begiiming and ereated my own success.
Thank you sn2cerely for your time and carefui consideration,
Crina WhiYcemore
~
Suggested by: Councilor Molloy
CITY OF KENAI
ORDINANCE NO. 2197-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 3.20.020 AND KMC 3.05.100 TO PROVIDE DOG LICENSES ARE EFFECTIVE
FOR THREE YEARS AND SETTING THE LICENSE FEES.
WHEREAS, KMC 3.20.020(b) provides for an annual dog license; and,
WHEREAS, dog licenses are needed to identify their owner, ensure the dog is properly
vaccinated against rabies and to enable the city to contact the owner if a dog is found
at large; and,
WHEREAS, providing for a three-year dog license will make dog licensing more
convenient for the dog owner and easier for the city to administer while still allowing
the city to properly monitor dogs for rabies vaccinaUons; and,
WHEREAS, the fee schedule in KMC 3.05.100 should be amended to reflect the three-
year period of the dog license; and,
WHEREAS, it is in the best interest of the City of Kenai to amend the Animal Control
code as set forth below.
NOW THEREFORE, BE IT ORDAINED THAT THE KENAI MUNICIPAL CODE IS
AMENDED AS FOLLOWS:
SECTION I
KMC 3.20.020(a) is amended as follows:
3.20.020 Licensing Procedure
(a) Application for a dog license shall be to the Chief Animal Control Officer. The
application shall include:
(1) The name and address of the owner of the dog;
(2) The name, breed, color, age and sex of the dog;
(3) Proof that the dog has a current rabies vaccination;
(4) The license fee required by KMC 3.05.100;
(5) Written proof that the dog is sterile, if the ocvner seeks to qualify for the
reduced license fees under KMC 3.05.100(b).
(b) [A DOG LICENSE SHALL EXPIRE ON DECEMBER 31ST OF EACH YEAR.] A
do~ license shall expire on December 315C of the third vear of issuance. For
example, a do~ license purchased in October of 2006 would e~pire on
December 31st of 2008.
Ordinance No.2197-2006
Page 2 of 2
(c) An application to renew a license issued under this chapter shall be made at
least thirty (30) days before the license expires, and shali be made in the same
manner as an application for a new license.
SECTION II
KMC 3.05.100 is amended as follows:
3.05.100 Fees
(a) The fee for a kennel facility shall be $5.00 per dog in the facIlity, up to a
m~imum of $25.00.
(b) The fee for a dog license shall be [$2.00] 510.00 for a sterilized dog and [$10.00)
30.00 for ail other dogs.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: November 1, 2006
Adopted: November 21, 2006
Effective: December 21, 2006
-
SUBSTITUTE
Suggested Uy: Councilor Molloy
CITY OF KENAI
ORDYNANCE NO. 2197-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 3.20A20 AND KMC 3.05.100 TO PROVIDE DOG LICENSES ARE EFFECTIVE
FOR THREE YEARS AND SEITING THE LICENSE FEES.
~VHEREAS, KMC 3.20.020(b) provides for an annual dog license; and,
WHEREAS, dog licenses are needed to identify their owner, ensure the dog is properly
vaccinated against rabies and to enable the city to contact the owner if a dog is found
at large; and,
WHEREAS, providing for a three-year dog license will make dog licensing more
convenient for the dog owner and easier for the city to administer while still allowing
the city to properly monitor dogs for rabies vaccinations; and,
WHEREAS, the fee schedule in KMC 3.05.100 should be amended to reflect the three-
year period of the dog license; and,
WHEREAS, it is in the best interest of the City of Kenai to amend the Animal Control
code as set forth below.
NOW THEREFORE, BE IT ORDAINED THAT THE KENAI MUNICIPAL CODE IS
AMENDED AS FOLLOWS:
SECTION I
KMC 3.20.020(a) is amended as follows:
3.20.020 L'acensing Procedure
(a) Application for a dog license shall be to the Chief Animal Control Officer. The
agpiication shall include:
(1) The name and address of the owner of the dog;
(2) The name, breed, color, age and sex of the dog;
(3) Proof that the dog has a current rabies vaccination;
(4j The license fee required by KMC 3.05.100;
(5) Written proof that the dog is sterile, if the owner seeks to qualify for the
reduced license fees under KMC 3.05.100(bJ.
(b) [A DOG LICENSE SHALL EXPIRE ON DECEMBER 315~ OF EACH YEAR.] A
do~ license shall expire on December 31st of the third Vear of issuance. For
example a do~ license purchased in October of 2006 would expire on
December 31a~ of 2008.
Ordinance No. 2197-2006
Page 2 of 2
(c) An applicalion to renew a license issued under this chapter shall be made at
least thirty (30) days before the license eicpires, and shall Ue made in the same
manner as an application for a new license.
SECTION II
KMC 3.05.100 is amended as follows:
3.05.100 Fees
(a) The fee for a kem~el facility shall be $5.00 per dog in the facility, up to a
maximum of $25.00.
(b) The fee for a dog license shall be [$2.00] 10.00 for a sterilized dog and [$10.00)
30.00 for all other dogs. The fee for replacing a lost dog license tag with a
duplicate shail be [TWENTY-FNE CENTS ($0.25j] two dollars (52.00).
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of
December. 2006.
PAT PORTER, MAYOR
ATTEST:
Jenifer Lockwood, Acting City Clerk
Introduced: November l, 2006
Second reading: November 21, 2006
Adopted: December 6, 2006
Effective: January 6, 200'7
j' '~l/clfa~e witti a Past, Gi~ wEt~ a~ut~re"
MEMOI2ANDUM
_' ~,~~~'~, 210 Fidaigo Avenue, Kenai, Alaska 99611-7794
-~-~ Telephone: (907) 283-7535 / Fax: (907) 283-3014
` ~ www.ci.kenai.ak.us
~ t/~ece'yaf ...
KENA~ SKA
TO: Mayor Porter and the Kenai City Council
FROM:~~ Cary R. Graves, CiYy Attorney
DATE: November 8, 2006
RE: Substitute Ordinance 2197-2006
The Finance DeparCment requested a change in the original Ordinance 2197-2006. The change is
in Section II (KMC 3.05100 Rees). The current fee for replacing a lost dog license tag is
twenty- five cents. The Finance Department requested the fee be raised to two dollars in order to
better cover the administrative cost of issuing the new dog license tag.
Piease let me know if you have any questic~ns.
!
Suggested by: Administration
CYTY OF KENAI
ORDINANCE NO. 2198-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN THE AIRPORT FUND
FOR PROFESSIONAL SERVICES.
WHEREAS, it is in the best interest of the City of Kenai to obtain consulting services to
develop on airline operating agreement; and,
WHEREAS, these professional services are estimated to cost $15,000; and,
WHEREAS, funds are available in the fund balance of the Airport Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estirnated revenues and appropriations be increased as follows:
Airport ~tnd
Increase Estimated Revenues:
Appropriation of Fund Balance ~15 000
Increase Appropriations:
Terminal - Professional Services $7,500
Airfield - Professional Services 7,500
_ 15 000
PASSED BY THE COUNCIL OF THE C ITY OF KENAI, ALASKA, this 21st day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Caro1 L. Freas, City Clerk
Introduced: November Ol, 2006
~ Adopted: November 21, 2006
Effective: November 21, 2006
~c:
Approved by Finance: "
(10/25/2006j hl
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3osN.rmuowsr.suesEZOO t~at,auas~cas9s7~
REI.~IiONE~72837959
FAX 9D72833737
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To: Rick R. Koch, City Manager
From: Rebecca Cronkhite - Airport Manager~ '(~
Date: October 25, 2006
Subject: Airline Operating Agreement
HISTORY: The Supplemental Planning Assessment recommended the City negotiate an
Airline Operating Agreement and Terminai Building Lease with the Airlines. During work
sessions, it was pointed out that the first operating agreement negotiation is crucial and requires
expertise in the field. There seemed to be a concurrence on this point from Council,
Administration and Commission. We have been able to use the FAA funded Supplemental
Planning Assessment to conduct most of the background work for this negotiation, however the
actual negotiation is not grant fundable.
RECOMMENDATION: i have requested a proposal from Steve Horton to lead the negotiation
team. City administrative staff would participate in the negotiations with the intent that the City
might then choose to conduct future negotiations independent of a consuitant. Mr. Horton's
proposal is attached. It is my recommendation that the City approve funds in the amount of
$15,000 for this project and proceed with negotiations. Leases with both carriers operating at
Kenai have expired and are currently on a month to month basis. The airlines have agreed to
extend on a month to month basis pending compietion of an airline operating agreement.
www.ci.kenai.ak.us.
Municipal Airport
October 26, 2006
Ms. Rebecca Cronkhite
Airport Manager
Kenai Municipal Airport
305 N. Willow, suite 200
Kenai, Alaska 99611
Dear Ms. Cronkhite:
Thank you for the opportuniry to propose our services to the Kenai Municipal Airport to assist
in negotiaYin~ an Airline Operating Agreement and Terminal Building Lease with airlines that
currently provide commercial passenger service [o Kenai. This letter presents the objectives,
approach, time frame and fee basis that we propose for conducting this project.
Objeetives
The objective of this project is ta negotiate a new airline agreement to be drafted as part oP the
project we have proposed to implemenY recommendations of fhe Supplemental Planning
Assessment Terminal Lease Analysis. Our general philosophy for assisting in the negotiation
of airline agreements is to Pocus on achieving a~7 agreemenC that refleces current industry
praetices while strengthenuig the Airport's capability to recover its costs of operations and
capital in the future. This philosophy includes ensuring that City ordinances, federal
regulations and other legal requirements are met. It also includes an objective of establishing
reasonable rates and charges thaC result in Airport finances that are as self-sufflcient as possible
while recognizin~ the economic diffieulties that the airline industry cunently faces.
Approach
Our approach for conducting this project includes ~lie Pollowing steps:
•• Meet with AirportlCity managemenC to discuss Che City's objectives for negoCiatiug new
airline agreements and to identify key agreement issues and concems.
•• Establish aud define participant roles for an airline negotiations commiYCee including
management, financial and legal representacion.
•• Review and discuss key background issues with Che airline negotiations commitYee that
include:
•••• Updated airline rate calculations based on the structure developed in the SupplemenCal
Placuiing Assessment Rates and Charges Study
•••• Regulatory requirements and consuaints for airline races and charges
1-
•°•• Key provisions of the draft airline agreement
•••• Recent airline market conditions in Kenai
•••• Local political, media and community support environment
•••• Airport's past and present relationship with the airlines, their presumed atCitude about
rate adjustments and their probable negotiating posture based on previous experience
with airline representatives.
• • Develop negotiation strategy
•••• Goals - short and long term
•••• Term of the lease
• • • • Operational issues
•••• Minimum acceptable outcomes and potential contract concessions
•••• PoYential opposing issues and concerns of the airlines and the Airport's response to
these concerns
•••• CorrununicaYions with the local media
•••• Agreement versus ordinance/resolution.
•• Distribute the proposed agreement draft with rate caiculation schedules to the airlines and
confirm the first negotiation meeting date in Kenai.
•• Conduct the initial negoCiation meeting:
•••• Review and discuss the proposed rate structure
•••• Review and discuss provisions of the proposed agreement draft
•••• Address airline comments and concerns.
•~ Prepare analyses in response Co airline concerns, alternative rate structure proposals and
alternate contract terme proposals.
•• ConducC additional negotiaCion meerings as required.
•• Finalize and issue the contract document and rate calculations.
Time Frame
The time frasne for conducting the negoCiation process is difFicult to estimate because of the
airlines' availability and their own agenda for completing the negotiation. The negotiation
mee~ings could take several months to conclude. Initially, we anticipaee two to three aips to
Kenai to review the draft agreement and preliminary rate caiculations and discuss any concerns
the airiines may raise. The acCUal time span and number of trips reguired will depend on any
difficulties encountered and on the manner in which the airlines conduct the negoriarion.
2-
Fee Basis
We cannot provide a fee quote for this project because of the uncertain time frame required for
conducting the negotiation process, considering alternative contract provisions and revising the
agreement. Consequently, our fees for these services will be on a time-and-materials basis
charged at our standard hourly rate of $213/hour for principals on our sta£f. We have
completed ofher airline negoaations in as little as 40 hours while others have taken much
longer. Any out-of-pocket expenses for the negotia~ion project will be charged as actually
incurred.
We appreciate the opporwniCy to assist the you with thie project. Should you have any
questions or need additional clarification oP any element of our approach, please contact us to
discuss them further.
Very truly,
Stephen B. HorCOn
-3-
-
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2200-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
THE EXISTING TITLE 22 OF THE KENAI MUNICIPAL CODE AND REPLACING IT WITH
A NEW TITLE 22 ENTITLED, "GENERAL FUND LANDS."
WHEREAS, the City of Kenai has undergone a long process of examining its city code
provisions regarding land ownership and disposition; and,
WHEREAS, the City of Kenai has re-written its land code regarding airport land both
within the newly created airport reserve and outside of the airport reserve; and,
WHEREAS, the City of Kenai in its capacity as a general fund entity and in its capacity
as an airport both own land; and,
WHEREAS, the requirements for land ownership and disposition for general fund and
airport land are different; and,
WHEREAS, the City of Kenai shouid update and revise the city code regarding land
ownership and disposition of general fund land; and,
WHEREAS, it is in the best interest of the City of Kenai to revise and replace its
existing Title 22 with a new 1~tle 22 entitled "General Fund Lands."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the existing 11t1e 22 (City Owned Lands) is hereby repealed and replaced
by a new Title 22 (General Fund Lands) as shown on Attachment "A."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: November 1, 2006
Adopted: November 21, 2006
Effective: December 21, 2006
Title 22
GENERAL FUND LANDS
Chapters:
22.05 Disposition of City Lands
Ordinance No. 2200-2006 Atfachmeut A
I'age 1 of 11
Title 22.05
DISPOSITION OF CITY LANDS
Sections:
22.05.010 Power to dispose of real property.
22.05.015 Sale or disposal.
22.05.020 Qualifications of applicants or bidders.
22.05.025 Applications.
22.05.030 Filing Fee and deposit.
22.05.045 Review.
22.05.050 Appraisal.
22.05.055 Terms of lease.
22.05.060 Annual minimum rent.
22.05.065 Bidding Procedure.
22.05.070 Principals and policy of lease raCes.
22.05.075 Reimbursement for city-constructed improvements.
22.05.080 Lease Execution.
22.05.085 Lease Utilization.
22.05.090 Conveyance to encourage new enterprises.
22.05.095 Sale.
22.05100 Sale procedure.
22.05.105 Terms for financing sale of city lands.
22.05.110 Determinations as to need for public use.
22.05.115 Property exchanges.
22.05.120 Property sales to adjacent owners.
22.05.125 Grant or devotion.
22.05.130 Use Permits
22.05.135 Acquisition oF Real Property.
22.05.010 Power to dispose of real property.
(a) The provisions of this Chapter apply to general fund real property.
(b) The City may sell, convey, exchange, Cransfer, donate, dedicate, direct, or assign to use,
or oCherwise dispose of CiCy-owned real property, including property acquired, held for, or
devoted to a pubiie use, only in aecordance with this chapter, and, with respect to properfies
acquired Chrough foreclosure for taxes, in compliance with those terms and provisions of AS 29
which home-xule municipaliCies are required eo comply with. Disposal or sale of lands shall be
made only when, in the judgment of the City Council, such lands are not required for a public
purpose.
22.05.015 Sale or disposal.
The City may sell or dispose of real property by warranty or quit-claim deed, easement, lease,
grant, permit, license, deed of trust, mortgage contract of sale of real property, plat dedication,
Ordinanee No. 2200-2006 Attachment A
Page 2 of 11
tax, deed, wili, or any other lawful method or mode of conveyance or grant Any insteument
requiring execution by the City shall be signed by the City Manager and attested by the City
Clerk. The form of any instrument shall be approved by the City Attorney.
22.05.020 QualiPications of applicants or bidders.
An applicant or l~idder for a lease is qualified if the applicant or bidder.
(a) Is an individual aC least eighteen (18) years of age or over; or
(b) Is a group, association, or corporation which is authorized to conduct business under the laws
of Alaslca; or
(c) Is acting as an agent for another and has qualified by filing with the City Manager a proper
power of attorney or a letter of authorization creating such agency. The agent shall represenC
only (1) one principal to the exclusion of himsel£ The term "agenC" includes real estate brokers
and agents.
22.05.025 Applications.
(a) All applicaYions for lease of lands shall be fIled with the City Manager on foims provided by
Che City available at City Hall. Applications shall be dated on receipt and payment of filing fee
and deposit. No application will be accepted by the City Manager unless it appears to the City
Manager to be compleCe. Filing Pees are not refundable.
(b) Wifh every application, the applicant shall submit a development plan, showing and stating:
(1) The purpose of the proposed iease;
(2) Tlie use, value and nature of improvemenYS to be constructed;
(3) The type of eonsh-uction;
(4) The dates construction is estimated to commence and be compleled (ordinarily a
maximum of two (2) years); and
(5) Whether inCended use complies with the zoning ordinance and comprehensive plan of the
City. Applications shall beeome a part of the lease.
22.05.030 Filing fee and deposit.
(a) When submitting an application for lease of land, the applicant shall
(1) pay a non-refundable filing fee in Che amount of one hundred dollars ($100.00); and
(2) make a deposit to show good faith and secure the City in payment of any cosCS in the
following amounts:
(i) an appraisal cost recovery deposit of two thousand dollars ($2,000.00); and
(ii) an engineering, surveying and consulting cost recovery deposit of two Chousand dollars
($2,000.00).
(b) If the City decides to rejece the applicant's applicarion and not enter into a lease with the
appiicant through no fault of the applicant or failure of the applicant to comply with any
requirement of this chapter, any deposiY made under (a)(2) of this section will be 7-efurned fo the
applicanC.
(c) If the CiCy enters into a lease wiYh the applicant any deposit made by the applieai~t under
(a)(2) of Chis sec~ion will bc applied to the City's engineering, appraisal, and consulting cosis
related to the processing of the applicanYs application and entering into fhe lease. The City will
apply any unused balance of a deposit to the rent payable under the lease. If the City's costs
exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition
of the lease.
Oidinance No. 2200-2006 ACtachmenf A
Page 3 of 11
(d) If the applicant fails to comply wiCh any requirement of this chapeer, causes inordinate delay,
as deCennined by the City Manager, or refuses to sign a lease offered to Che applicant, fhe CiCy
Manager will reject the applicanYs application and apply any deposit made by the applicant
under (a) of this section to the City's appraisal, engineering, and consulting costs incurred in
connection with the applicanYs application. If the City's costs for appraisal, engineering and
consulting costs exceed the deposits, the applicant will be responsible for these costs. The City
wiil return any unused deposit balance to the applicant
22.05.035 Rights prior to leasing.
The filing of an application for a lease shall give the applicant no right to lease or to the
use of Yhe land for which they have applied. The application shall expire within twelve (12)
months after the application has been made if a lease has not been entered into between the Ciry
and the applicant by Yhat time unless Yhe City Council for good cause granCS an extension. No
extension may be granted for a period longer Chan six (6) additional months. Lease rates are
subject to change on the basis of an appraisal done every twelve (12) months on the property
applied for.
22.05.040 Processing procedure.
(a) Applications sha11 be forwarded to Che Planning and Zoning Commission upon receipt. The
Planning and Zoning Commission shall normally consider applications for specific lands on a
first-come, first-served basis if Che Commission finds that the application is complete and
conforms to the comprehensive plan and the Kenai Zoning Code. Where Chere is difFiculty in
obtaining a perfected application, details as to development plans, ete., or where Che applicanY
fails Co comply wiYh directions or requests of the Planning and Zoning Commission, any such
priority will be lost. If an applicaYion for the purchase of City-owned lands, previously
authorized for sale by the Council, is reeeived by the City pi7or to the Kenai Planning and
Zoning Commission making an affirmative or negative recommendation to the Council
regarding the lease application for the same property, the City may elect to sell said property in
accordance with the provisions of the Code.
(b) The City Council shali normally consider a lease proposal only afCer approval of the Planning
and Zoning Commission. However, appeals of Planning and Zoning Commission disapproval
may be made to the City Council. CompleCed lease applications must be presented to the City
Council within thirty (30) days after approval by the Planning and Zoning Commission.
(c) Where there are two (2) or more applications for the same lands for differenC uses, then if the
Planning and Zoning Comrnission makes a finding that a subsequent application would result in
use of the lands for a higher and better purpose with a greater benefit to the City of Kenu and the
citizens thereof, then the lease will be issued to sueh applicant notwiYhsYanding the provisions of
subparagraph (a) in this section which provide for leasing on a first-come, first-served basis.
Any applicant may appeal to the City Councii from a finding or a refusal to find by the Planning
and Zoning Commission by filing an appeal with the City Clerk within seven (7) days after the
finding is made or refused by the Planning and Zoning Commission.
(d) The decision whether ar noY to lease land rests in the sole discretion of the City Council.
Ordinance No. 2200-2006 Attachment A
Page G of I l
22.05.045 Review.
No leased land may be changed in use, nor may any renewal lease be issued until the
proposed use or renewal has been reviewed by the Planning Commission and appxoved by the
Council.
22.05.050 Appraisal.
No land shall be sold, leased, or a renewal of lease issued, unless the same has been
appraised within a twelve (12) month period priar to the sale or date fixed for beginning of the
term of the lease or renewal lease. No land shall be leased for less than the approved appraised
annual rental. Appraisals shall reflect the number and value of City services rendered the land in
question.
22.05.055 Terms of lease.
All leases shall be approved by the City Council before the same shall become effecrive.
The term oF any given lease shall depend upon the durability of the proposed use, the amount of
investment in improvement proposed and made, and Yhe naCUre of the improvement proposed
with respect to durabiliCy and time required to amortize the proposed investment.
22.05.060 Annual minimum rental.
(a) Annual minimum rentals shall be computed from the approved appraised market value
utilizing the method as described in KMC 22.05.070 below.
(b) Upon execution of The lease, the lands become taxable to the extent of its leasehold interest
and lessee shall pay all real property taxes levied upon such leasehold interest in these lands, and
shall pay any special assessments and tases as if he were the owner of said land.
(c) Rent shall be paid annuaily in advance. Said paymenYS shall be prorated to conform to the
City of Kenai's fiscal year beginning 7uly 1 and ending 7une 30. If the equivalent monthly
payment exceeds two hundred dollars ($200.00), then the lessee shall have the option of making
payments on a monthly basis.
(d) Lessee shall be responsible Por all sales taxes applicable to its operations.
22.05.065 Bidding procedure.
As an exception to general policy lisCed above, the City Council may designaYe a specific
lot or lots to be made available only for bid. This provision shall apply only when there is no
outstanding applicaYion pending on tl~e lot or lots. As designated, sealed bids shall be received
offering a one-time premium in addition to the established lease rate. Highest bid, however,
shall be subject to all provisions of review and approval established for all other lease
applications.
22.05.070 Principles and policy of lease rates.
(a) A fair return to the General Fund is the policy of the City, unless deviation from that~ policy is
in the best inCerest of the City as deTermined by the City CounciL To ensure a fair return, all
leases for a period in excess of five (5) years shall include a redetermination clause as of the fifth
anniversary, and all lands for lease shall be appraised prior to lease and again prior to
redetermination. Lease rates:
(1) Shall be based on fair market value of the land, including an appropriate consideration of
facilities and services available (public water, publie sewer, storm sewers, and other public
Ordinance No. 2200-2006 Attachmen[ A
Page 5 of 11
utilities) as deYermined by a qualified independent appraiser, considering the best use of the
specified land; and,
(2) Shall be eight percent (8 %) of fair markec value.
(b) For leases in exisfence prior Yo the effective date of this chapter, the ]ease rate
redetermination shall be as provided in the lease.
(c) The City Manager shaii change Yhe rent in a Iease by giving the lessee written notice at least
thirty (30) days in advance of the effective date of the change.
(d) The "Fair Market Value" of the Premises shall be equal to the then-fair market rate for
similar commercial property in the City of Kenai, Alaska (the "Relevant Area"). CiCy shall give
notice to Lessee of City's esCimation of the Fair Market Value not later than thirty (30) days priar
fo the expiration of the then-applicable five-year period, as evidenced and supported by the
written opinion of an independent real estate appraiser cerCified under Alaska StaTUte 8.87,
seiected and paid for by Yhe CiCy, familiar with the Relevant Area (the "First Appraiser"). Tf
Lessee disagrees with such estimate, it shall advise the City in wriYing thereof within thirty (30)
days of Lessee's receipt of such estimate, as evidenced and supported by the written opinion of a
real estate appraiser certified under Alaska Statute 8.87 (selected and paid for by Lessee) Pamiliar
with the Relevant Area (the "Second Appraiser"). The parties sha11 prompfly meet to attempt to
resolve their differences between the First Appraiser and the Second Appraiser concerning the
Fa~r Market Value of the Premises. If CiYy and Lessee cannoY agree upon such value then, wiCh
all deliberate speed, they shall direct the First Appraiser and the Second Appraiser to
expeditiously and mutually select a third real estate appraiser certified under Alaska Statute 8.87
(selected and paid for jointiy by fhe parties) familiar with the RelevanC Area (the "Third
Appraiser"). Within thirty (30) days after the Third Appraiser has been appointed, the Third
Appraiser shall decide which of the two respective appraisals from the FirsC Appraiser and the
Second Appraiser most closel}+ reflects the Fair Marlcet Value of the Premises. The Fair Market
Value of the Premises shall irrebuttably be presumed To be the value contained in such appraisal
selected by ehe Third Appraiser, and the rental shall be redetermined based on such value.
NotwithsTanding anything to the contrary herein, rental shall eontinue to be paid at fhe then-
applicable rate until any such new rental rate is established, and Lessee and City shall promptly
pay or refund, as the case may be, any variance in the rental, wiChout interest thereon aceruing to
the extent to paid/refunded in a Cimely fashion.
22.05.075 Reimbursement for city-constructed improvements.
(a) The City Manager may include in a lease a requirement for the lessee to reimburse the City
for the City's cost of
(1) land clearing, gravel fill, utility extensions and other improvements or amenities on or in
direct connection with the premises, construcfed by the City prior fo the effective date of the
lease; or
(2)1and clearing, gravel fill, utility extensions and other improvements or amenities on or in
direct connecdon with the premises, which the City agrees to consh-uct as a condition of the
lease, suUject to City Council approval.
(b) The Lessee shall reimburse the City far the City's cost of constructing fhe improvements in
ten (10) equal annual payments, plus interest at eight percent (8%) per year on the unpaid
balance. If the lease is for less than ten (10) years, the repayment schedule may not be longer
fhan the term of the lease. The Lessee may pay [he entire remaining balance to the City at any
time during the teim of the lease.
Ordinance No. 2200-2006 Attachment A
Page 6 of I1
22.05.080 Lease execution.
The lease applicant shall execute and reYurn the appropriate lease agreemenY wiYh the City
of Kenai within fhirty (30) days of mailing Che agreersient to said applicant. The lease agreement
shall be prepared in accordance wiCh the requirements of this title. fiailure to execute and reeurn
the lease agreement within the specified period shall result in the forfeiture of all leasin~ rights.
22.05.085 Lease utilization.
Leased lands shall be utilized for purposes within the scope of Che application, the terms
of the lease and in conformity with the ordinances of the City, and in subsTantial conformitq with
the Comprehensive Plan. Utilization or development for oY1~er than the allowed uses shall
constitute a violation of the lease and subject Che lease to cancellation aC any time. Failure to
substantially complete the developmenC plan for the land shall constiCute grounds for
cancellation.
22.05.090 Conveyance to encourage new enterprises.
(a) Notwithstanding any other provisions of this chapCer, where iY is found that
encouragement of a new commercial or industrial enterprise would be beneficial to the City of
Kenai, Yhe City Council by ordinance so finding may direct conveyanee of one or more parcels
of City land by the City Manager to such enterprise upon such terms as Yo price, conditions of
conveyance, and with such contingencies as may be set forth in said ordinance.
22.05.095 Sale.
(a) Lands, to which the City of Kenai holds title which are not restricted fiom sale by the
Deed of Conveyance to the City, or which have been released from such resfrictions, which the
Ciey Councii has determined are not required for a public purpose, may be lisfed for sale by the
City Manager, except that lands which have been leased shall not be sold unless Yhe Lessee has
made a writCen requese Co fhe City to place the land for sale.
(b) Sales of land pursuant to subsecfion (a) above shall be made at not less than fair market
value. The purchaser shall execute the "Agreement For Sale of Land" within one (1) year of the
date of appraisal. The City Manager has the option to dispose of such propeities in accordance
with the sale procedures set out in this Title:
(1) By negodated sa1e; or
(2) By ouYcry aucl~on to the highest responsible bidder; or
(3) By competitive sealed bids to the highest responsible bidder.
In the event that the sale is not closed within six months of the date of appraisal, the buyer will
be charged, upon closing, interest computed in accordance with the applicable provisions of fhe
Kenai Municipal Code, based upon the total sales price for the number of days past the
expiration of Che six-month period.
22.05.100 Sale procedure.
(a) The City Manager will obtain such an appraisal for a deYermination of the minimum price
on said land.
(b) Where any party, hereinafter called "Applicant," requesTS that a tract or Yracts of land be
sold for which an appraisal will be required, which will require subdividing, platting, ar
surveying and staking, c~r which will require advertising or incurring any oCher expenditures by
the City prioc to sale,
Ordinance No. 2200-2006 Anachment A
Page 7 of ll
(1} No actions in preparation for sale will be taken by the Ciry until an agreement to purchase
shall be properiy executed and filed with the City Manager for the purchase o'f such land with
payment of sufficient good faith deposit, which shall consist of cash or its equivalent deposited
with Yhe Finance Officer of the CiCy of Kenai, as may be deCermined by the City Manager, to
cover all expenses of the City and such agreement to purchase shall further contain the
agreement by applicanC to pay any additional costs if said good faith deposit is insufficient to pay
all costs incurred by the City.
(2) If at any time during the process of preparing for sale, Yhe applicant gives notice
to fhe City Manager oP withdrawal of the request for sale, the City Manager sha11 stop all
procedures, shali pay expenses incurred prior to termination of sale procedures, and shall
reimburse applicant for any good faiCh depositadvanced in excess of all expenses incurred.
(However, if anoCher party desires the sale to proceed, files an application far sale, executes and
files an agreement to purchase, and advances sufficient funds therefor, then the prior applicant
will be reimbursed for expenses charges which can be attributed to the subsequent applica~lt.)
(3) Tf all actions necessary for preparation for sale have been accomplished, and if
neither the applicant nor any other pairty purchases said land when first offered for sale after such
request, then all expenses incurred in preparation for the sale will be paid from the good-faith
deposit, and the balance, if any, shall be returned to Che applicant. If the sums advanced as good
faith deposiC are insufficient to pay all of Che cosCS, the applicant will~be billed for the balance
due and normal collection procedures followed.
(4) ff the land applied for is sold on public sale seY in response to such request to
anyone other than applicant, then on
closing of sud sale, the good-faith deposit will be refundedin total to the applicant. The City's
expenses will be first deducted from the deposit of the successful bidder.
(5) If the 1and in quescion is sold to applicant, the good-faith deposit advanced, after
deducting the City's expenses, will be applied on the payment due at closing.
(6) If the land in question is to be sold by sealed bid and the applicant has submitted a
valid bid, but said applicant is noC the high bidder, he may purchase the land by tendering the
City a bid equal to the high bid within five days of the bid opening. If Yhe land sale is initiated in
accardance with KMC 22.05.040(a), the applicant shall be defined as that party submitting the
initial lease application.
(c) If the ~racC of land proposed to be sold is leased land, the lessee may request the sale of
said land at not less than the fair market value. The current lessee obtains this right Co request a
sale only after, to the satisfaction of the City Manager, developmenY has been completed as
detailed in the development schedule which has been incorporated into the lease agreement. If
there is no development schedule, Che lessee may purchase the property if there have been
substantial improvements as determined by fhe City Manager. The decision wheCher or noC Co
se11 the land to Che lessee resfs wiCh the sold discretion of the City.
(d) If the tract of land proposed to be sold is not leased land, or is leased land without
substantial improvements, then the tract of land may only be sold by outery auction or by
coinpetitive sealed bids. If the tract is to be put up for such competitive auction or sealed bid
sa1e, notice of sale and the manner in which the land is to be sold shall be published in a
newspaper of general circulafion wifhin the Cify once each week for Ywo successive weeks not
less than 30 days prior to the date of sale; such notice shall also be posted in at least three pubiic
places within the City at least 30 days prior to the date of sale, and sueh other notice may be
Ordinance No. 2200-2006 Attachment A
Page 8 of 11
given by such other means as may be considered advisable by the City Manager. Such notice
must contain:
(1) the legal description of the land,
(2) a brief physical description of the land,
(3) the area and general location of the land,
(4) the minimum acceptable offer for Yhe land (which shall be its appraised fair
market value),
(5) the terms under which the land wi11 be so]d,
(6) any limitations on the sale of said land,
(7) the time and place seC for the auction or bid opening,
(8) the amount of deposit to be submitted with each bid in order to cover the City's
expenses such as survey, appraisal, and reviews,
(9) any othEr matters conceining Yhe sale of which the CiYy Manager believes Yhe
public should be informed.
(e) If no offers are submitted meeting the minimum acceptable offer (or appraised valuation),
the City Manager may negotiate for sale of said tract or tracts of land with a modification of
proposed terms or for less than the appraised valuation provided that no such negotiated sale for
less than appraised value shall be binding upon the City unless the terms and price therein are
approved by resolution of Che City Council.
(i~ Where a real esTate agent furnishes a buyer far City land, the closing agent shall be
authoiized to pay said agent a real estate commission of five percent (5%) of the purchase price
for Che land or five percent (5%) of the appraised fair market value of the land, whichever is
lower, under the following terms and conditions:
(1) The City Manager shall provide a non-exclusive listing of lands available for sale.
(2) No commission shail be paid to an agent where said agent is a party, or in privity
with a party, to said sale.
(g) Closing of sale o~f City lands shall be handled by a Citle or escrow company within the
ciYy which specializes in closing of real estaYe sales.
(h) Conveyance of Ciry lands shall be by quit claim or wananty deed fumished by fhe City,
and buyers are advised that all such eonveyances are subject to all liens, encumbrances,
restrictions, and covenants of record and are specifically, without being limited thereto, subject
to any unreleased restrictions contained in fhe deed or deeds by which the CiYy received tiCle to
the land.
(i) If a buyer desires to obtain a preliminary commitment for Citle insurance or title insurance
to the land, then it shail be the responsibility of the buyer to obtain such commiement or
insurance and to pay for Che same.
(j) If the tract or tracCS of land are soid under terms by which the Ciry is to accept a note as a
portion of the purchase price, the note and accompanying deed of trust must be prepared by an
aTtorney, but must be approved by the City Attorney prior to closing.
(k) Said note shall be placed for collection with a bank selected by the Ciry Manager, which
may be changed from time to time, and which shall be the bank in which City funds are
deposited. The set-up fee to initiate collecCion may be negotiated as specified in KMC
22.05.100(1), and Che buyer shall pay the annual collection fees for such bank collection.
(I) To enable the City to compete on an equal basis with private enterprise in lands disposat,
the Ciry Manager is hereby authorized to negoCiate a division of the costs of sale listed in KMC
22.05100(g)(h)(i)(j) and (k) to a maximum of fifty percent (50%) of the requixed costs being
Ordinance No. 2200-2006 Attachment A
Page 9 of 11
borne by the City, provided however fhat no costs of sale will be paid by the City where a sale is
negotiated at a price below appraised Fair Market Value.
22.05.105 Terms for financing sale of City lands.
(a) In order to expedite and facilitate the sale of City lands, the Ciiy Manager is hereby
authorized to accept terms for said sales and may accept a note secured by a deed of frust for a
portion of the purchase price thereof, subject to the following restrictions:
(1) If the sale is to a lessee who has placed a lien for financing upon che land or
improvemenYs, then the City Manager is not authorized to sell Che land except for total cash
payment, provided, however, that the City Manager may accept a note secured by a deed of trusf
subordinaYe Co the existing security inYerest if the amount of the note Chereby secured is wiChin
the difference between the fair market value of the land wiCh improvements, and the sum of all
prior secwity inYeresfs. The sale documents shali be subject to the sarne restricrions contained in
the lease as the iease provides at the time of sale.
(2) Except for property sold by the City subsequent to foreclosure for delinquent taxes or
assessments, prior Co making a determination to accept a noYe and deed of trust from a
prospective purchaser, Che City Manager shall secure a preliminary commiYment for title
insurance and a review of the grantee index covering the party desiring to purchase the land from
the title company in the local recording districC, and no credi2 will be advanced on such sale if
there are any delinquent liens or unpaid judgments found in the title company repoi-~ until any
such judgments or liens are paid and releases therefor have been filed.
(3) In the event of a credit sale, the down payment required shall be determined by the Ciry
vIanager, but shall not be less than fifteen percent (15%) of Che sales price.
(4) The City Manager is not authorized to accepY Cerms Por the sale of ta~c-foreclosed lands
unless the down paymenC to be received thereunder, or other sums appropriated far the purpose,
are sufficiene to make immediate payment to the Kenai Peninsula Borough and the former record
owner of the sums which are, or may become, due to them pursuant eo the provisions of AS
29.53.380.
(b) If the City Manager deeermines that it is in the City's interest to sell City lands, the sale
shall be either a cash transaction or by a note secured by a deed of trust, subject to paragraph (a)
above, and by no other means. The noCe and deed of trust shall carry terms as follows:
(1) The term of such note may be set by the City Manager, but is shall provide for monthly
payments and noY exceed twenfy (20) years unless a longer period for a specific sale of land is
approved by resolution of the City Council.
(2) Sueh note shall bear interest at a rate to be determined by the City Council by resolution.
22.05.110 Determination as to need for public use.
(a) Whether land shall be acquired, retained, devoCed, or dedicated to a public use shall be
determined by ordrnance w(uch shall contain the public use for which said property is to be
dedicated, the legal description oP the property, and the address or a general description of the
property sufficient to provide the public with norice of its location.
(b) Whether land previously dedieated to a pablic use should be dedicated to a different
public use or should no longer be needed for public use shall be determined by the City Council
by ordinance whicl~ shall conCain Yhe new public use for which said property is to be dedicated or
the reason the land is no longer needed for public use, the legal description of the property, and
Ordinance No. 2200-2006 AttachmenC A
Page 10 of 11
the address or a general description of the property sufficient to provide the public with no~ice of
its location.
(c) Any determinations pursuant to subsections (a) and (b) herein which pertain to t~-
fareclosed property which has not been held by the City for a period of more than ten years after
Yhe close of the redemption period shall also comply with the requirements of KMC 22.05.090.
22.05.115 Property exchanges.
The Council may approve, by resolution, after public notice and an opportunity for public
hearing, the conveyance and exchange of a parcel of City property far property owned by
another person subject to such conditions as Council may impose on Che exchange, whenever in
the judgment of the City Council it is advantageous to the City to make the property exchange.
22.05.120 Property sale to adjacent owners.
The council may approve, by resolution, after public notiee and an opportunity for public
hearing, the sale and conveyance of a parcel of City property at its appraised value to the owner
of adjacent land whenever, in the judgment of Yhe City Council, the parcel of land is of such
small size, shape, or location that it could not be put to practical use by any other party and, in
addition thereto, where thcre is no foreseeable need of the land for any future use by the City.
22.05.125 Grant or devotion.
The Council, by ordinance, may waive the provisions of this chapter and lease, grant or
devofe real property no longer needed by the City for public ~ur~ose to Yhe United States, The
State of Alaska, a local politioal subdivision of Che StaYe of Alaska, or any agency of any of these
governments or a non-profit corporaCion, for a consideration agreed upon between the City and
granCee without a public sale if the grant or devotion is advantageous Yo the City.
22.05.130 Use permits.
The council may authorize the city manager fo grant permits for the temporary use of real
propei~ty owned by the city for a period not to exceed five (5) years, without appraisal of the
value of the property or public auction, for any puipose compafible with the zoning of the land,
and on such terms and for such rentals as the council shall determine.
22.05.135 Acquisition of Real Property
(a) The city, by authorization of the city eouncil, expressed in a resolution for such purpose,
may purchase or acquire an interest in, lease or real property needed for a public use on such
terms and condiuons as Che council shall determine, but no purchase sha11 be made until a
qualified appraiser has appraised Che property and given the council an independent opinion as to
el~e full and true value thereof;
(b) Because of the unique valae of real property, the city need not aequire or lease real
property by comperitive bidding.
Ordinance No: 2200-2006 Attachment A
Page I 1 of 11
-
SUBSTITUTE
Suggested by: Administration
CITY OF KENAI
ORDYNANCE NO. 2200-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
THE EXISTING TITLE 22 OF THE KENAI MUNICIPAL CODE AND REPLACING IT WITH
A NEW TITLE 22 ENTITLED GENERAL FUND LANDS.
WHEREAS, the City of Kenai has undergone a long process of examining its city code
provisions regarding land ownership and disposition; and
WHEREAS, the City of Kenai has re-written its land code regarding airport land both
within the newly created airport reserve and outside of the airport reserve; and
WHEREAS, the City of Kenai in its capacity as a generai fund entity and in its capacity
as an airport both own land; and
WHEREAS, the requirements for land ownership and disposition for general fund and
airport land are different; and
WHEREAS, the City of Kenai should update and revise the city code regarding land
ownership and disposition of general fund land; and
WHEREAS, it is in the best interest of the City of Kenai to revise and replace its
existing Title 22 with a new Title 22 entitled "General Fund Lands."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the existing Title 22 (City Owned Lands) is hereby repealed and replaced
by a new Title 22 (General Fund Lands) as shown on Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 215L day of
November 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: November 1, 2006
Adopted: November 21, 2006
Effective: Decernber 21, 2006
j ~-~~~~\
_ , ',
~~~
~_/
~
~a t~e~~~ofsi
KENA~ SKA
"I/illa~e we't~i a Past Gc~ wit~t a~r~tr~~'e"
210 Fidalgo Avenue, Kenai, Alaska 99611-7754
Telephone: (907) 283-7535 J Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMO~ANDUM
TO: n/ Mayor Porter and the Kenai City Council
FROM: C/~ Cary R. Graves, City Attomey
DATE: November 15, 2006
RF.: New General Fund Land Code
This memo is intended to be an outline the changes from the old general fund land code in Title
22 to the new one as contained in Ord'uiance No. 2200-2006. The new general fund land code is
a combination of the old general fund land code (ICMC 22.05), the old airport land code (KMC
21.05-15) and the new airport non-reserve land code (KMC 21.15). The changes in the
substitute ordinance are also noted in this memorandum.
1. KMC 22.05.010 (Power to dispose of real property). This section is almost verbatim as
the eaistii~g KMC 22.05.010. It authorizes the CiTy Co dispose of general fund land "oniy
in accordance wiCh" the ciCy code. It states that ~eneral fund land may be sold only when
not needed for a public purpose. One of Yhe provisions of this section states that the CiCy
will follow state statutes in how we dispose of foreclosed property. The section now
refers to AS 29 (Municipal Government) of the Alaska Statutes instead of "AS
29.53360-385." The Alaska Statutes cifed in the existing code were amended and
renumbered so they don't exist anymore.
2. KMC 22.05.015 (Sale or disposal). This section is reiated to the previous one. It allows
the CiTy to dispose of real property by deed, easement, lease, permit, Iieense, mortgage,
plat ar other lawful method of conveyance. This section is the same as the exisring KMC
22.05.020 except that the ability to trazisfer property by will was removed in the
substitute. I realiy could not envision how the Ciry could transfer away property by a
will so I took that word out.
3. KMC 22.05.020 (Quaiifications of appiieants or bidders). This section is the same as fhe
exisYing KMC 21.15.020 (in the new airport off-reserve land code). It sets out the
qualifieations for lease applicants (i.e. bein~ 18 years old, or a group, association or
corporation authorized to do business and allows agents to represent lessees).
4. KMC 22.05.025 (Applications). This section is the same as the existing KMC 21.15.030.
It sets out the information to be included in lease applications.
Mayor Porter and Kenai City Counci(
November15,2006
Page 2 of 4
5. KMC 22A5.030 (Filing fee and deposit). This section is 4he same as the existing KMC
21.15.040. It requires a$100.00 filing fee, a$2,000 appraisal fee, and a$2,000
adminish~ative fee. Any of the funds noT spent in processing the lease application is
refunded to the applicant. If the lease application is denied through no fault of the
applicant the deposits are reCurned to the applicant.
6. KMC 22.05.035 (Rights prior Yo leasing). This section is the same as the existing KMC
21.15.050. It states the application does not give the appticant any ri~ht to have the lease
granted. The lease applicaCion is good for one year and may be extended for six months.
7. KMC 22.05.040 (Processing procedure). This section is the same as the existing KMC
21.15.060. It provides that lease applications go to Planning and Zoning for review and
then are sent to the Council for approval or rejection. The decision to lease or noT to
lease is in the sole discretion of the Council.
8. KMC 22.05.045 (Review). This section is the same as the existing KMC 2115.070. It
requires any change in lease use or renewal to be reviewed by Planning and Zoning and
approved by the Council.
9. KMC 22.05.050 (Appraisal). This section is the same as the existing KMC 21.15.080. It
provides flzat no land may be leased or sold without having been appraised within a 12
month period prior to the lease or sale.
10. KMC 22.05.055 (Terms of lease). This section is the same as the existing KMC
2115.090. tt requires all leases to be approved by the Cify Council and provides that the
term c~f the lease is dependent on the nature of the improvements and the time required to
amortize the lessee's investment.
i l. KMC 22.05.060 (Annual minimum renYal). This seetion is the same as the existing KMC
21.15.100. IC states the annual minimum rental is as set out in the new KMC 22.05.070
(i.e. 8% of fair market value).
12. KMC 22.05.065 (Bidding procedure). This seetion is flze same as the existing KMC
2L15110. This allows the City to have a competitive bid to lease property with a one-
time premium being the determining factor in who geCs the lease.
13. KMC 22.05.070 (Principles and policy of lease rates). Tlvs section is the same as fhe
existing KMC 21.15.120. This sets the normal lease rate at 8% of fair mar]<et value. The
old rate was 6%.
14. KMC 22.05.075 (Reimburseinent for city-constructed projects). This is The same as the
existing KMC 21.15.130. This allows the City to improve City property and add the cost
of the improvements to the lease rate in order Yo reimburse the City.
15. KMC 22.05.080 (Lease execution). This is the same as the exisCing KMC 21.15.140. It
requires the lessee to execute and return the lease within thirty (30) days of being mailed
the approved lease.
16. KMC 22.05.085 (Lease utilization). This is the same as the existing KMC 2115.150. It
requires the lease to be used in compliance with the approved lease application and states
that failure to substantially complete the development plan for the lease application is
grounds for cancellation of the lease.
17. KMC 22.05.090 (Conveyance to encourage new enterprises). This is the similar to the
exisfing KMC 21.15.170. It allows the City to convey property to encourage new
eornmerciai or industrial enterprises with the terms and conditions to be set out in an
Mayor Porter and Kenai City Council
November I5, 2006
Page 3 of 4
ordinance. It allows the properCy to be sold without a competitive process. The
difference between this section and the existing KMC 21.15.170 is that since this is
general fund land, there is no requirement for the general fund to pay the airport fund the
difference betwecn the fair market value of the property and the sale ~rice.
18. KMC 22.05.095 (Sale). This section is the same as the eaisting KMC 2115.180. This
secfion allows sale of City general fund la~lds for fair market value at the discretion of the
City CounciL Sales may be by negotiation (to lessees at fair market value), ouTcry
auction, or competiCive sealed bid. Under this code lessees get the ability to requast
purchase of the land after improvement, they do not acquire any right to purchase the
land.
19. KMC 22.05.100 (Sale procedure). This section is the same as Yhe existing KMC
21.15.190. It sets out the procedure for sale of City general fund land.
20. KMC 22.05.105 (Terms for financing sale of City lands). This is the same Yhe existing
KMC 22.05.045 except that the reference to AS 29.53380 was changed to reflect the re-
numbering in the state statute. It sets out the procedure for City financed ]and sales.
Down payments of 15% axe required and notes must be paid off in Ywenty years. InTerest
rates are set by council resolution.
2L KMC 22.05110 (Determination as to need for public use). This is the same as the
existing KMC 22.15.210. This section states that the Council shall determine by
ordinance what property is or is not needed for a public purpose. Subsection C~~ was
deleted in the substitute to remove a provision regarding foreclosed property YhaY was
unnecessary due to Alaska statutory requirements.
22. KMC 22.05.1 I S(Property exchanges). This is the same as the existing KMC 22.05.070.
The substitute requires an ardinanee rather than a resolution to authorize an exchange. Tt
allows the City to engage land trade when advantageous to the City.
23. KMC 22.05.120 (Property sale to adjacent owners). This is the same as the existiiz~
KMC 22.05.075. The substitute requires an ordinance rather than a resolution to
authorize a sale. It atlows sale of a parcel of land to an adjoinin~ land owner that is "such
a small size, shape, or location" that is can not be put to practical use by any other party
and is not ileeded by the City.
24. KMC 22.05.125 (Grant or devotion). This secrion is similar to the existin~ KMC
22.05.080. It allows The CiCy by ordulance to grant, donate or lease property to the
United States, the State of Alaska, a poiiticai subdivision of the state or a non-profit
corporation without a competitive process. The o1d version listed 501(c) (3) non-profits
instead of just non-profits. Subsection (b) was removed from the new version. It was a
special sub-section allowing donation of taz:-foreclosed land worth under $10,000 fo nou-
profrt housing corporation. It was redundant with some of the new additions to the land
code.
25. KMC 22.05.130 (Use permits). This section is similar to KMC 21.15.250 except thaf is
allows for five year special use permits rather than one year as allowed ii1 the airport land
code. The idea was that flie City should have greater flexibility on issuing special use
permits for general fund land than airport land.
26. KMC 22.05135. (Acquisition of real properCy). This is tbe same as KMC 21.15.260. It
autharizes The City to purchase land by ordinance after an appraisal has been done on the
Mayor Porter and Kenai City Co~ncil
Novembex 15, 2006
Page 4 of 4
property. Because of the unique nature of property, land purchase does not need Yo be by
competitive bid. The subsfitute adds a process for receiving and issuing easements and
ri~hts-of-way. It requires the Council to give its approval prior to the CiYy Vlanager
issuing or accepting an easements or rights-of-way.
Please let me know if you have any questions or if there are any changes you would like to the
general fund land code.
Title 22
GENERAL FUND LANDS
Chapters:
22.05 Disposifion of City Lands
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page l of 11
Title 22.05
DISPOSITION OF CITY GENERAL FUND LANDS
Sections:
22.05.010 Power to dispose of real property.
22.05.015 Sale or disposal.
22.05.020 Qualifications of applicants or bidders.
22.05.025 Applications.
22.05.030 Filing Fee and deposit.
22.05.045 Review.
22.05.050 Appraisal.
22.05.055 Terms of lease.
22.05.060 Annual minimum rent.
22.05.065 Bidding Procedure.
22.05.070 Principals and policy of lease rates.
22.05.075 Reimbursement for city-constructed improvements.
22.05.080 Lease Execution.
22.05.085 Lease Utilization.
22.05.090 Conveyance to encourage new enterprises.
22.05.095 Sale.
22.05100 Salc procedure.
22.05.105 Terms for 6nancing sale of city lands.
22.05110 Determinations as to need for pubiic use.
22.05.115 Property exchanges.
22.05.120 Property sates to adjacent owners.
22.05125 Grant or devotion.
22A5.130 Use Permits
22.05.135 Acquisition of Real Property.
22.05.010 Power to dispose of real property.
(a) The provisions of this Chapter apply to general fund real property.
(b) The City may sell, convey, exehange, transfer, donate, dedicate, direct, or assign to use,
or othexwise dispose of City-owned real property, including property acquired, held far, or
devoted to a public use, only in accordance with Chis chapter, and, with respect to properties
acquired throu~h foreclosure for taYes, in compliance with Yhose ternis and provisions of AS 29
which home-rule municipalities are required to comply with. Disposal or sale of lands shall be
made only when, in the judgment of the City Council, such lands are not required for a public
purpose.
22.05.015 Sale or disposal.
The City may seli or dispose of real property by warranty or quit-claim deed, easement, lease,
grant, permit, liceiise, deed of trust, mort~age contract of sale of real property, plat dedica2ion,
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page 2 of ] 1
tax deed, or any other lawfui method or mode of conveyance or grant. Any instrumenf requiring
execution by the City shail be signed by the City Manager and attested by the City Clerk. The
form of any instrument shall be approved by the City Attorney.
22.05.020 Qualifications of applicants or bidders.
An appiicant or bidder for a lease is qualified if the applicant or bidder:
(a) Is an individual at least eighteen (18) years of age or over; or
(b) Is a group, association, ox corporatiou which is auYhorized to conduct business under the laws
of F1laska: or
{c) Is acring as an agent for another and has qualified by filing with the City Manager a proper
power of attorney or a letter of authorization creating such agency. The agent shall represent
only (I) one principal to the exclusion of himsel£ The terni "agent" includes real estate brokers
aild agents.
22.05.025 Applications.
(a) All applications for lease of lands shall be filed with the City Manager on forms provided by
the CiCy available at City Hall. Appiicarions shall be dated on receipt and payment of filing fee
and deposit. No application will be accepted by the City Manager unless it appears to the City
Manager to be complete. Filing fees are not refundable.
(t~) With every application, the applicant shall submit a development plan, showing and stating:
(1) The purpose of the proposed lease;
(2) The use, value and nature of im~rovements to be constructed;
(3) The type of construction;
(4) The dates construction is estimated to commence and be completed (ordinarily a
maximum of two (2) years); and
(5) Whether iutended use eomplies with the zoning ordinance and comprehensive plan of the
City. Applications shall become a part of the lease.
22.05.030 Filing fee and deposit.
(a) When submitting an application for lease of land, the applicant shall
(1) pay a noil-refundable filin~ fee in the amount of one hundred dollars (~100.00); and
(2) make a deposit to show good faith and secure Che City in payment of any costs in the
following amoui~ts:
(i) an appraisal cost recovery deposit of two Thousand dollars ($2,000.00); and
(ii) an engineering, surveying and consulCing cost recovery deposit of two thousand dollars
($2,000.00).
(b) ffthe City decides to reject the appiicant's applica~ioil aud not enter into a lease with fhe
applicant through no fault of the applicant or failure of the appiicant to comply with any
requirement of this chapter, any deposit made under (a)(2) of this section will be returned to the
applicant.
(c) If the City enters into a lease with the appiieanC any deposit made by the applicant under
(a)(2) of this section will be applied to the City's engineering, appraisal, and consulfing costs
related to the processing of the applicant's application and entering into The lease. The City will
apply any unused balance of a deposit to the rent payable under the lease. If the City's costs
exceed the amounY of any deposit, the applicant shall pay the shortage to the City as a condition
of the lease.
SUSSTITUTE Ordinance 2200-2(~06 AttachmentA
Page 3 of 1 t
(d) If the applicant fails to coinply wiTh any requirement of this chapter, causes inordinate delay,
as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City
Manager will reject the applicant's a~plication and apply any deposit made by the applicant
under (a) of this section to the City's appraisal, engineering, and cousulCing costs incurred in
connection with the applicant's appiication. If Che City's costs for appraisal, engineering and
consulting costs exceed the deposits, the applicant will be responsible Por these costs. The City
will reYurn any unused deposit balance to the applicant.
22.05.035 Rights prior to leasing.
The filing of an application for a lease shall give the applicant no right to lease or to the
use of the land for which they have applied. The application sl~all expire within tweive (12)
months after the application has been made if a]ease has not been enfered into between the CiYy
and the applieant by that time unless the City Council for good cause ~rants an extension. No
extension may be granted for a period Ionger than six (6) additional months. Lease cates are
subject to change on the basis of an appraisal~done every twelve (12) months on the property
applied for.
22.05.040 Processing procedure.
(a) Applications shall be forwarded to the Plaiming aud Zonin~ Commission upon receipt. The
Pianning and Zoning Commission shall normally consider applications for specific lands on a
first-come, first-served basis iF the Commission finds that the application is complete and
conforms to the comprehensive plan and the Kenai Zoning Code. Where there is difficulty in
obtaining a perfected application, details as to developmenY plans, etc., or where the applicant
fails to comply with directions or requests of the Planning and Zonin~ Commission, any such
priority will be tost. If an application for the purehase of City-owned lands, previously
authorized for sale by the Couneii, is received by the CiYy prior to thc Kenai Planning and
Zoning Commission making an affirmative or ne~ative recommendation to the Council
regarding the lease applieation for the sasne property, the Ciry may elect to sell said property in
accordanee with the provisions of the Code.
(b) The City Council shall normally consider a lease proposal only after approval of the Planning
and Zoning Commission. However, appeals of Planning and Zoning Commission disapproval
may be made to the City Council. Completed lease applications must be presented w the City
Council within thirty (30) days affer approval by the Plannin~ and Zoning Commission.
(c) Where there are two (2) ar mare applications for the same lands for different uses, then if Lhe
Planning and Zoning Commission makes a finding that a subsequent application would result in
use of the la~~ds for a higher and better purpose with a greater benefit to the City of Kenai and the
citizens thereof, then the lease will be issued to such applicant notwithstanding the provisions of
subparagraph (a) in This section which provide for leasing on a first-come, first-served basis.
Any applicant may appeal to the City Council from a finding or a refusal to flnd by the Planning
and Zonin~ Commission by f ling an appeal with the City Clerk within seven (7) days after the
finding is made or refused by the Planning and 'Loning Cominission.
(d) The decision whether ar not to lease 1and res~s in the sole discretion of the City Council.
SUBSTI'I`UTE Ordinance 2200-2006 Attachment A
Page 4 of 1 I
22.05.045 Review.
No leased land may be changed in use, nor may any renewal lease be issued until the
proposed use or renewal has been reviewed by the Planning Commission and approved by the
Council.
22.05.050 Appraisal.
No land shall be sold, leased, or a renewal of lease issued, unless the same has been
a~praised within a twelve (12) month period prior to Che sale or date fixed for be~inning of the
term of the lease or renewal lease. No land shall be leased for less than the approved appraised
aru~ual rental. Appraisals shall reflect the number and value of City services rendered the land in
question.
22.05.055 Terms of lease.
All leases shall be approved by the City Couneil before the same shall become effective.
The term of any given lease shall depend upon the durability of the proposed use, the amount of
investment in improvemenC proposed and made, and the nature of the improvement proposed
with respect to durability and time required to amortize fhe proposed iizvestment.
22.05.o60 Annual minimum rental.
(a) Annual minimum rentals shall be computed from the approved appraised maiket value
utilizing the method as described in KMC 22.05.070 below.
(b) Upon execution of the lease, the lands become taxable to the extent of its leasehold interest
and lessee shall pay all real property taxes levied upon such leasehold interest in these lands, and
shall pay any special assessments and taxes as if he were the owner of said 1and.
(c) Rent shall be paid annually in advance. Said payments shail be prorated to conform to the
City of Kenai's fiscal year beginning July 1 and ending .Tune 30. If the equivalent monthly
payment exceeds Ywo hundred dollars ($200.00), then the lessee shall have the option of making
paymenTs on a monthly basis.
(d) Lessee shail be responsible for all saies Taxes applicable to its operaYions.
22.05.065 Bidding procedure.
As an exception to general policy listed above, the City CotmcIl may designate a specific
]ot or lots to be made available only for bid. This provision sha11 apply only when there is no
outstanding application pending on the lot or lots. As designated, sealed bids shall be received
offering a one-time premium in addition to Che established lease rate. Highest bid, however,
shall be subject to all provisions of review and approval established for a11 other lease
applications.
22.05.070 Prineiples and policy of lease rates.
(a) A~fair retum to the Generai Fund is the policy of the City, unless deviation from that policy is
in the besT interest of the City as determined by the City Council. To ensure a fair return, all
leases for a period in excess of five (5) years shall include a redetermination clause as of the fifth
anniversazy, and all lands for lease shall be appraised prior to lease and again prior to
redetermination. Lease rates: ~
(1) Shall be based on fair market value of the land, ineluding an appropriate consideration of
facilities and services available (public water, public sewer, storm sewers, and other public
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page 5 of i I
utilities) as determined by a qualified independent appraiser, considering the best use of the
specified land; and,
(2) Shall be eight percent (8 %) of fair market value.
(b) For leases in existence prior to tke effective date of this chapter, the lease rate
redetermiilation shall be as pxovided in the lease.
(c) The City Manager sha11 change the rent in a lease by giving the Iessee written notice at least
thirty (30) days in advance of the effective date of the change.
(d) The "Fair Market Value" of thc Premises shail be equal to the then-fair market rate for
similar commercial property in the City of Kenai, Alaska (the "Relevant Area"). City shall give
notice to Lessee of Cify's estimation of flie Fair Market Va1ue not later than thiity (30) days prior
to the expiration of the theil-applicable five-year period, as evidenced and supported by the
written opuvon oP an independenT real estate appraiser certified under Alaska Statute 8.87,
selected and paid for by the CiYy, familiar with the Relevant Area (the "First Appraiser"). If
Lessee disagrees with such estimaCe, it shall advise the City in writing thereof within thirty (30)
days of Lessee's receipt of such estimate, as evidenced and supported by the written opinion of a
real estate a~praiser certified under Alaska Statute 8.87 (selected and paid for by Lessee) familiar
wifh The Relevant Area (the "Second Appraiser"). The parfies shall promptly meet to attempt to
resolve their differences betweeu the First Appraiser aud Yhe Second Appraiser concerning the
Fair Market Value of the Premises. If City and Lessee cannot agree upon such value then, with
all deliberate speed, they shall direct the FirsC Appraiser and the Seeond Appraisex to
expeditiously and mutually select a third real estate appraiser certified under Alaska Statute 8.87
(selected and paid for jointiy by the parties) familiar with the Relevant Area (the "Third
Appraiser"). Within thirty (30) days af1er The Third Appraiser has been appointed, the Third
Appraiser shall decide which of YhE two respective appraisals fi-oin the First Appraiser and the
Second Appraiser most ciosely reflects the Fair Market Value of the Premises. The Fair Market
Value of the Premises shall inebuttably be presumed to be the value contained in such appraisal
selected by the Third Appraiser, and the rental shall be redetermined based on such value.
Notwithstanding anything to the contrary herein, rental shall continue to be paid at the then-
applicable rate unCil any such new rental rate is established, and Lessee and City shall promptly
pay or refund, as the case may be, any variance in the rental, without interest thereon accruing to
the extent to paidlrefunded in a timely fashion.
22.05.075 Reimbursement for eity-constructed improvements.
(a) The City Mana~er may include in a iease a requirement for the lessee to reinlburse the City
for the City's cost of
(1) land clearing, gravel fill, utilit}~ extensions and other improvements or amenities on or in
direct connection with the premises, consfructed by the City prior to the effective date of the
lease; or
(2) land clearing, gravel fill, uYility extensions and other improvemenY's or amenities on or in
direct connecrion with the premises, which the City a~rees to construct as a condition of tbe
lease, subject to City Council approval.
(b) The Lessee shall reimburse the City fbr the City's cost of constructing the improvements in
ten (10) equal annual payments, pius interest at eight percent (8%) per year on the unpaid
balanee. If the lease is for less than ten (10) years, the repayinent schedule may not be longer
than the term of the lease. The Lessee may pay the entire remaining balance to the City at any
time during the term of the lease.
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page 6 of 11
22.05.080 Lease execution.
I11e lease applicant shall execute and return the appropriate lease agxeement with the City
of Kenai within thirty (30) days of mailing the agreement to said applicant. The lease agreement
shall be prepared in accordance with the requirements o'f this title. Failtu-e to execute and return
Che lease agreement within the specified period shall r~sult in the forfeiture of all leasing rights.
22.05.085 Lease utilization.
Leased lands sha11 be utilized for purposes within the scope of the a~~lication, the terms
of the lease and in conformity with the ordinances of the Cify, and ii1 substantial conformity with
the Comprehensive Plan. Ufilization or development far other thau 2he allowed uses shall
constitute a violalion of the lease and subject the lease to eaneellaCion at any time. Failure to
substantially complete the developn~ent plan for the land shall constitute grounds for
cancellation.
22.05.090 Conveyance to encoarage new enterprises.
(a) Notwithstanding any other provisions of this chapter, where it is found that
encouragement of a new commercial or industrial enterprise would be benefieial to the City of
Kenai, the City Council by ordinance so finding may direct conveyance of one or more parcels
of City land by Yhe City Mana~er to such enterprise upon sueh terms as to price, conditions of
conveyance, and with such contingencies as may be set forth in said ordinance.
22.05.095 Sale.
(a) Lands, to which the City of Kenai holds Citle which are not restricted from sale by the
Deed of Conveyance to the City, or which have been released from such restrictions, which the
City Council has determined are not required for a public purpose, may be listed for sale by the
City Manager, except that lands which have been leased sha11 not be sold unless the Lessee has
made a written request to the City to place the land fox sale.
(b) Sales of land pursuailt to subsection (a) above shall be made al not less than fair market
value. The purchaser shall execute the "Agreeaient Fox Sale of Land" within one (1) year of the
date of appraisal. The City Manager has the option to dispose of such properties in accordance
with the sale procedures sef out in this Title:
(1) By negotiated sale; or
(2) By outcry auetion to the highESt responsible bidder; or
(3) By comperifive sealed bids to the highest responsible bidder.
In the event that Che sale is not closed within six months of the date of appraisal, the buyer will
be charged, upon closing, interest computed in accordazlce with the applicable provisions of the
Kenai Municipal Codc, based upon the total sales price for the nun7ber of days past the ~
expiration of the six-monCh period.
22.05.100 Sale procedure.
(a) The Cify Manager will obtain such an appraisal for a determination of the minimum price
on said land.
(b) Where any party, hereinafter called "~pplicant," requests that a tract or tracts of land be
sold for which an appraisal will be required, which will require subdividing, platting, or
SUBSTITUTE Ordinanee 2200-2006 Attachment A
Page 7 of 1 I
smveyin~ and staking, or which will require advertising or incurring any other expendiYures by
the City prior to sale,
(1) No actions in preparation for sale will be taken by the City untii an agreement to
purchase shall be properly executed aaid filed with the City Manager for the purchase of such
land with payment of sufficient ~ood faith deposit, which shall consist of cash or its equivalent
deposited with the Pinance Officer of the City of Kenai, as may be determiiled by the City
Manager, to cover ali expenses of the City and such agreement to purchase shall further contain
the agreement by applicant to pay any additioual costs if said good faith deposit is insuFficient to
pay all costs incurred by the City.
(2) If aC any time during the process of preparing for sale, the applicant gives notice
to The City Manager of withdrawal of the request for sale, the City Manager shall stop all
procedures, shall pay expenses incurred prior to termination of sale procedures, and shall
reimburse applicant for any good faith deposit advanced in excess of all expenses incuned.
{However, if another party desses the sale to proceed, files an applicaYion for sale, executes and
files an agreement to purchase, and advances sufficient funds therefor, tl~en the prior applicant
will be reimbursed for expenses charges which can be attributed to the subsequent applicant.)
(3) If all actious necessary for preparation for sale have been accomplished, and if
neither the applicant nor any other party purchases said land when first offered for sale af2er such
request, then all expenses incurred in preparation far the sale will be paid from the good-faiCh
deposit, and the balance, if any, shali be returned to Che appiicant. If the sums advanced as good
faith deposit are insufficient to pay all ot the costs, the applicant wili bE billed for the balance
due aud normal collecrion procedures followed.
(4) If the land applied for is sold on public sale set in response to such request to
anyone other than ap~licant, then on
closiizg of said sale, the good-faith deposit will be refunded in total to the applicant. The City's
expenses will be firs2 deducted from the deposit of the successful bidd~er.
(5) If the land in question is sold to applicant, the good-faith deposit advanced, after
deducting the City's expenses, will be applied on the payment due at elosing.
(6) If the land in question is to be sold by sealed bid and 2he applicanf has submitted a
valid bid, but said applicant is not the high bidder, he may purchase the land by tendering the
City a bid equal to the high bid within five days of Che bid opening. If Che land sale is initiated in
accordance with KMC 22.05.040(a), the applicant shail be defined as that party submitting the
initial lease application.
(c) If the tract of land proposed to be sold is leased land, the lessee may request the sale of
said land at not less than the fair market value. The current lessee obtains this righC Yo request a
sale only after, to the satisfaction of the City Manager, development has been completed as
detailed in the development schedule which has been incorporated into the lease agreement. If
there is no development schedule, the lessee may purchase the property if there have been
substa~7tia1 improvements as deterinined by the City Manager. The decision whether or not to
sell the land Yo the lessee rests with fl1e sold discretion of the City.
(d) If the traet of land proposed to be sold is not leased land, or is leased land without
substantial improvements, then the tract of land may oiily be sold by outery auction or by
competitive sealed bids. If the tract is to be put up for such colnpetitive auction or sealed bid
sale, notice of sale and the manner in which the land is to be sold sha11 be published in a
newspaper of general circulation within the City once each week Por two successive weeks not
less than 30 days prior to the date of sale; such notice shall also be posted in at least three public
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page 8 of I 1
places within the City at leasf 30 days prior to the date of sale, and such other notice inay be
given by such other means as may be considered advisable by the City Manager. Such notice
must contain:
(1) the legai description of the land,
(2) a brief physieal description of the land,
(3) the area and ~eneral location of the land,
(4) the miiiirnum acceptable offer for the laild (which shall be its appraised fair
market value), ~
(5) the terms under which the land will be sold,
(6) any limitations on the sale of said land,
(7) the time and place set for the auction or bid opening,
(8) the ainount of deposit to be submitted with each bid in order to eover the City's
expenses sueh as survey, appraisal, and reviews,
(9) any other matters concerning the sale of which the City Manager beiieves the
public should be informed.
(e) If no offers are submitted meeting the minimum acceptable offer (or appraised valuation),
the CiYy Mauager may negotiate for saie of said tract or tracts o~P Iand with a modification of
proposed terms or for less than the appraised valuation provided Yhat no such negotiated sale for
less than appraised value shall be binding upon the City unless the terms and price therein are
approved by resolution of the City Council.
( fl Where a real estate agent furnishes a buyer for Cify land, the closing agent shall be
authorized to pay said agen2 a real estate commission of five percent (5%) of the purchase price
for the land or five percent (5%) of the appraised fair market value of the land, whichever is
lower, under the following terms and conditions:
(1) The City Manager shall provide a non-exclusive listing of lands available for sale.
(2) No commission shall be paid to an agent where said agent is a party, or in privity
with a party, Yo said sale.
(g) Closing of sale of City lands shall be haiidled by a title or escrow company within the
city which specializes in closing of real estate sales.
(h) Conveyance of City lands shatl be by quit claim or warranty deed furnished by the City,
and buyers are advised that all such conveyances are subject to all liens, encumbrances,
restrictions, and covenants of record and are specifically, without being~ limited thereto, subject
to any unreleased restrierions contained in the deed or deeds by which the City received title to
the land.
(i) If a buyer desires to obtain a preliminary commitment for title insurance or title insuranec
to the land, theii it sha11 be flie responsibility of the buyer to obtain such eommitment or
insurance and to pay for the same.
(j) If the tract ar tracts of land are sold under terms by which the City is to accept a note as a
portion of the purchase price, the note and accompanying deed of trust must be prepared by an
attorney, but must be approved by the City Attorney prior to closing.
(k) Said note shall be placed for collection with a bank selected by the CiCy Manager, which
may be changed fi•om time to time, and which shall be the bank in which City funds are
deposited. The set-up fee to initiate collection may be ne~otiated as specified in KMC
22.05.100(1), and the buyer shall pay the annual collection fees for such bank colleetion.
(I) To enable the City to compete on an equal basis with private enterprise in lands disposal,
the City Manager is hexeby authorized to negotiate a division of the costs of sale tisted in KMC
SUI~STITUTE Ordinance 2200-2006 Attacliment A
Page 9 of 11
22.05.100(g)(h)(i)(j) and (k) to a maximum of fifty percent (50%) of the required costs being
borne by the City, provided however that no costs of sale will be paid by the City where a sale is
negotiated at a price below appraised Fair Market Value.
22.05.105 Terms for financing sale of City tands.
(a) In order to expedite and facilitate the sale of City lands, the City Mtuiager is hereby
authorized to accept terms for said sales and may aceept a note secured by a deed of trust for a
portion of the purchase price thereof, subject to the following restrictions:
(1) If the saie is to a lessee who has placed a iien for financing upon the land or
improvements, fllen the City Manager is not authorized to sell the land except for total cash
payment, prov~ded, however, that the City Manager may accept a note secured by a deed of trust
subordinate to the existing security interest if the amount of the note thereby secured is within
the difference between the fair market value of the land with improvements, and the sum of ali
prior security interests. The sale documents shail be subject to the same restrictions contained in
the lease as the lease provides at the time of sa1e.
(2) Except for property sold by the City subsequent to foreclosure for deliilquent
taxes or assessments, prior to inaking a determination to accept a note and deed of trust from a
prospective purchaser, the City Manager shall secure a preliminary commitment for title
insurance and a review of the granTee index covering the party desiring to purchase the land froin
the title company in the local recording distriet, and no credi2 will be advaneed on sueh sale if
there are any delinquent liens or unpaid judgments found in the title company re~ort until any
such judgments or liens are paid and releases therefor have beeil filed.
(3) In fhe event of a credit sale, Yhe down payment required shall be determined by
the City Manager, but shall not be less than fifteen percent (I S%) of The sales price.
(4} The CiCy Manager is not authorized to aecept terms for the sale of tax-foreclosed
lands unless the down payment Yo be received thereunder, or other sums appropriated for the
purpose, are sufFicient to make immediate payment to the Kenai Peninsula Borough and the
former record owner of the suins which are, or may become, due To them pursuant to the
provisions of AS 29.
(b) If the City Manager determines that it is in the City's interest to sell City lands, the sale
shall be either a eash transaction or by a note secured by a deed of trust, subject Co paragraph (a)
above, and by no other means. The note aiid deed of trust shall carry terms as follows:
(1) The term of such note may be set by the City Manager, but is shall provide for
monthly payments and not exceed twenty (20) years unless a longer period for a specific sale of
land is approved by resolution of the City Council.
(2) Such noTe shall bear interest at a rate to be determined by the City Council by
resolution.
22.05110 Determination as to need for public use.
(a) Whether land shail be acquired, retained, devoted, or dedicated to a public use shall be
determined by ordinance whieh shall contain the public use for which said property is to be
dedicated, the Iegal description of the property, and the address or a general description of the
property sufficient to provide the publie wiCh notice of its location.
(b) Whether land previously dedicated fo a public use should be dedicated t~o a different
public use or should no longer be needed for public use shall be determined by Che City Council
by ordinance which sl~all contain the new public use for which said property is to be dedicated or
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page 10 of ll
the reason the land is no longer needed €or public use, the legal description of the propei~Cy, and
the address or a general description of the property su~ eient to provide fhe public with notice of
its location.
22.05.115 Property exchanges.
The Council may approve, by ordinance, after public notice and an opportunity for public
hearing, the conveyance and exchange of a parcel of City property for property owned by
another person subject to such conditions as Council may impose on The exchange, whenever in
the judgment of the City Council it is advantageous to the City to make the property exchange.
22.05.120 Property sale to adjaeent owners.
The eouncil may approve, by ordin~uce, after public notice and an opportunity for public
heaxing, the sale and conveyance of a parcel of City property at its appraised value to t(ze owiler
of adjacent land whenever, in the judgment of the City CoLmcil, the parcel of land is of such
small size, shape, or location that it could not be put to practical use by any other party and, in
addition thereto, where there is no foreseeable need of the land for any future use by the City.
22.05.125 Grant or devotion.
The Council, by ordinance, may waive the provisions of this chapter and lease, grant or
devote real propert}~ no longer needed by the City for public purpose W the United States, the
State of Alaska, a locai political subdivision of the State of Alaska, or any agency of any of these
governments or a non-profit corporation, for a consideration agreed upon between the City a~sd
granCee without a public sale if the grant, devotion or lease is advantageous to the City.
22.05130 Use permits.
Tl~e council may authorize the ciry manager to grant permits for the temporary use of real
property owned by the city for a period not to exceed five (5) years, without appraisal of the
value of the property or public auction, for any purpose compatible wiCh the zoning of fhe land,
and on such texms aild for such rentals as the council shall determine.
22.05.13.5 Acquisition of Real Property ~
(a) The city, by authorization of tbe city council, expressed in a resolution for such purpose,
may lease, purchase or acquire au interest in real property needed for a public use on such terms
and conditions as the council shall determine, but no purchase shall be made until a quali~ed
appraiser has appraised Che property and giveu the eouncil an independent opinion as to the full
and true value thereof;
(b) Secause of the unique value of real property, the city need noY acquire or lease real
property by competitive bidding.
(c) Rights-of-way and easements may be aceepted or issued by the City Manager after
approval by the City Council for utility lines and scrvices of all types and for necessary rights-of-
way easements.
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page 11 of I t
-
Suggested by: City Councu
CITY OF KENAI
RESOLUTION NO. 2006-61
A RESOLUTION OF THE COUNCIL OF TI3E CITY OF KENAI, ALASKA, SETTING THE
PUBLIC HEARING DATE ON THE PROPOSED MC COLLUM-ALIAK-JAPONSKI PAVING
DISTRICT.
WHEREAS, the City of Kenai initially received a petition to form a special assessment
district entitled, "McCollum/Aliak Drives Local Improvement District and,
WHEREAS, at its November l, 2006, the Kenai City Council canceled the eacisting
McCollum/Aliak Drives Local Improvement District and 'uutiated a new locai
improvement district entitled, "McCollum-Aliak-Japonski I,ocal Improvement District;
and,
WHEREAS, the Councll must set a date of public hearing on the proposed assessment
district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OP KENAI,
ALASKA, that the date of the public hearing on the proposed MeCollum-Aliak-Japonski
Paving Special Assessment District be set for December 2Q 2006.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of
Noveinber, 2006.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
cif
~~
Suggested by: Council Member Eldridge
CYTY OF KENAI
RESOLUTION NO. 2006-62
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE AMENDMENT OF THE CITY OF KENAI, ALASKA AND PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (PERS) PARTICIPATION AGREEMENT TO EXCLUDE ALL
ELECTED OFFICIAI,S, EFFECTIVE NOVEMBER 21, 2006.
WHEREAS, the City of Kenai wishes to amend the agreement dated July 1, 1969 to
exclude all elected officials effective November 21, 2006.
NOW, THEREFORE, BE IT RESOLVED BY TH~ COUNCIL OF THE CITY OP' KENAI,
ALASKA, that effective November 21, 2006, Subparagraph 2 on Page 2 of the
Participation Agreement be amended to read as follows:
2. The political subdivision agrees that all eligible employees
except in the following designated category will participate
in the Retirement System:
A11 Elected Officials
PASSED BY THE COUNCIL OF THE CI'I`Y OF KENAI, ALASKA, this 215~ day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by P'inance:~~_
MEMORANDUM
To: Chuck Kopp, Acting City Manager
From: Larry Semmens, Finance Director~
Date: January 10, 2d06
Subject: PERS for Elected Officials
Representative Seaton recently published his analysis of the cost of PERS
for elected officials. The results are quite surprising. He estimates the
entity's total liability to be over $434,000 for an elected public official that
vests after 10 years of service and retires to collect benefits for 22 years.
The majority of the liability is generated from the medical benefit provided
by PERS. Representative Seaton estimates this to be $368,545, but could
range upward to $450,000 depending on variables.
The PERS system seeks to accumulate sufficient assets while an employee is
working to pay for benefits paid out over the term of retirement. Employees
must contribute 6.75% of salary in addition to what the employer pays.
Since council members have a relatively low salary, the amount that they
pay into the system is also relatively small. The employer must make up the
difference in the total cost of benefits and the amount the employee puts in.
In the case of council members the City will have to put in over $13,000
annually such that there would be about $200,000 available at the end of 10
years using the PERS earning assumption of 8.25%.
One other aspect of elected officials participating in PERS is that if a city
council member ever works for a PERS employer in a regular salaried
position, the cost of the pension benefits will be apportioned strictly by the
number of years of service at each employer. For example if a council
member served for 12 years (at a low salary) then went to work for a PERS
employer (at a high salary) for 4 years, the City would be liabie for 75%
(12/16) of the pension liability. Depending on the salary level the City couid
incur greater liability than would be for just the 12 years of City
employment.
The cities of Seward and Homer have opted elected officials out of PERS.
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"V.ffa9e witti a Past, Gity witl~ a F~ture"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMORANDUM
To: City Council
~ From: Rick Koch, City Manager
Date: May 12, 2006
Subj ect: Resolution No. 2006-20, Authorizing the amendment of the City of Kenai and
Public Employees RetiremenC System (PERS) Participation Agreement Yo
Exclude All Elected O£ficials, Effective May 3 2006
The purpose of this correspondence is to provide information regarding this resolution.
This issue is complicaYed by any number of variables, including but not limited to inferest
earned and/or lost on inveshnents, periods of service, additional employment other than
as an elected official in Kenai, covered by PERS. The number of variables is aimost
endlesa
The attached spreadsheet attempts to distill the issue. There£ore, its value is really in the
order of magnitude oP the data, rather than exacting accuracy.
For years, given the information generated by PERS, it was believed given the perceived
over-funding of fhe plan there was little or no cost by including elected officials in the
system. We now know the ultimate eost/burden to the City of Kenai is substantial.
There are two scenarios regarding elected officials that are most expensive for the City:
l. An elec4ed official who vests in PERS tier I and who takes early retirement
after five years of service. The elected officials contributions towards a
retirement pension and health benefiYs (for the City of Kenai) is only $ 27 per
month, or a total of $ 1,620.00 after five years. The estimated cost/burden to the
City will be $ 630,444. ~
Memo to Council
Resolutior. 2006-20, PERS
May 12, 2006
2. An elected official who has many yeazs in PERS service who then is
employed by an employer in the PERS system. The example shown on the
attached spreadsheet identifies contributions by the elected
officiaUemployee totaling approximately $ 38,OOQ, while the City of Kenai's
cost/burden would be approximately $ 800,000.
It was helpful to my understanding of the magnitude of the issue to put this information
in a spreadsheet form; I hope it helps define what is a very difficult issue.
Thank you for your attention in this matter.
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Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2006-63
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
THE BID TO SPACESAVER NORTHWEST FOR KENAI POLICE DEPARTMENT
LOCKERS - 2006 FOR THE TOTAL AMOUNT OF $35,204.
WHEREAS, the following bid was received on November 8, 2006:
BIDDER TOTAL
Spacesaver Northwest $35,204
WHEREAS, Spacesaver Northwest's bid was the only bid received; and,
WHEREAS, Spacesaver Northwest's bid meets the bid specifications; and,
WHEREAS, the recommendation from the City Administration is to award the bid to
Spacesaver Northwest; and,
WHEREAS, the Council of the City of Kenai has determined that Spacesaver
Northwest's bid is a responsible bid and award to this bidder 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 bid for Kenai Police Department Lockers be awarded to Spacesaver
Northwest for the total amount of $35,204.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 213t day of
November 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk~~'~
Approved by Finance: --~-1-~--
E•9
Suggested By: Administration
CITY OF KENAI
RESOLUTION NO. 2006-64
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
EFFORTS TO LOWER THE TOTAL AROMATIC HYDROCARBON (TAH) LEVELS IN THE
LOWER KENAI RIVER AND OPPOSING THE CATEGORIZATION OF THE LOWER
KENAI RIVER AS AN IMPAIRED WATERBODY.
WHEREAS, the Federal Clean Water Act (CWA) requires the State of Alaska,
Department of Environmental Conservation (ADEC), to report on the conditions of
Alaska's waters; and,
WHEREAS, ADEC has prepared the "2006 Proposed Integrated Water Quality
Monitoring and Assessment ReporY' categorizing the Lower Kenai River as an impaired
waterbody; and,
WHEREAS, testing data provided in the Oasis Environmental Kenai River Hydrocarbon
Assessment Final Report dated January 9, 2004, for testing accomplished from May
20, 2003 through August 26, 2003, consisting of 284 total sasnples showed two
samples that exceeded the total aromatic hydrocarbon (TAH) limit of 10 parts per
billion (10/ppb} at River Mile (RM) 10 from 12:00 PM to 2:00 PM on July 20, 2003;
and,
WHEREAS, testing data provided in the Kenai Watershed Forum "Summer 2005-
Selected water quality parameters with in-river use patterns" report dated August
2005, for testing accomplished from July 3, 2004 through July 25, 2004, consisting of
92 total samples showed two samples that exceeded the TAH 10 ppb limit at RM 1.5 at
11:43 AM on July 20, 2004, two samples that exceeded the TAH limit of 10 ppb limit
from 7:27 PM to 9:55 PM on July 24, 2004, and three samples that exceeded the TAH
limit of 10 ppb from 5:27 PM to 10:08 PM on July 25, 2004; and,
WHEREAS, no specific water quality testing data is available from ADEC for the 2005
Season; and,
WHEREAS, testing data from the 2006 Season is preliminary; and,
WHEREAS, the State of Alaska, Department of Natural Resources, is presently
drafting regulations to require all outboard motors used on the Kenai River to be
compliant with the EPA 2006 Emission Standards to reduce TAH ievels; and,
WHEREAS, the State of Alaska, Department of Conservation, is not mandated by
Federal or State law or regulation to categorize the Lower Kenai River as an"Impaired
Waterbody"; and,
WHEREAS, the Kenai Watershed Forum will not complete ongoing assessment studies
for the Kenai River until June 2007; and,
Resolution No. 2006-64
Page 2 of 2
WHEREAS, ADEC has not completed its studies of the projected affects of the
implementation of ADNR proposed regulations for the Lower Kenai River; and,
WHEREAS, the testing data provided by ADEC shows that TAH levels in the Lower
Kenai River exceeds the Iimit of 10 ppb for only several hours on one to three days per
year; and,
WHEREAS, the Lower Kenai River should not be categorized as a Category Five
impaired river because sampling shows it to exceeds limits for TAH in one location for
several hours of the entire year.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that by this resolution the State of Alaska, Department of Environmental
Conservation, not categorize the Lower Kenai River as an impaired water body, be
encouraged to work co-operatively with the State of Alaska Departtnent of Natural
Resources and others to undertake and support efforts to lower total aromatic
hydrocarbon levels in the Lower Kenai River, and to continue to categorize the Lower
Kenai River as a Category Three waterbody.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 215i day of
November 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
j "V °fla9e r.t~it~t a Past, Gc~ wit~t a Fr~tuYe"
.;~;~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~
-~ - Telephone: 907-283-7535 ( FAX: 907-283-3014 ~ I~ I
:~ ,99z
\ tl~e ci~ o f
KENA~ SKA
M~~o s
TO: City Council
~II, FROM: Rick Koch, City Manager
Y
DATE: November 17, 2006
SUBJECT: Lower Kenai River, Categorization as an Impaired Waterbody
by the Alaska Department of Environmental Conservation (ADEC)
The purpose of this memorandum is to summarize the administration's recommendation
that the Council pass a resoluCion opposulg Yhe above-referenced proposed action.
The ADEC along with the Kenai Watershed Forum (KWF) have conducted testing in the
Lower ICenai River for total aromatic hydrocarbons (TAH) during the summers of 2003-
2006.
Tl~e results of those testing programs show that TAH levels have exceeded the limits of
Yen parts per billion (10 ~pb) for only a few hours each summer. I have summarized some
of the testing data on the following page:
Page 2
Memo to Council
November 17. 2006
Total # # Samples TAH Time
Of ~xceeding Level Of Duration TAH Limits
Year Samples 'Z'AH Limit Date (ppb) Sampling were Exceeded ~
2003 284 2 7/20 10.2 12:00 Less than 6 Hours
10.76 14:00
2004 92 7 7/20 12.06 ll:43 Less than 4 FIours ~
14.4 Unknown
'7/24 11.38 19:27 Less than 8 hours, 15
13.88 21:55 minutes
f j ~ 7/25 11.13 17:27 Less than 10 hours, 15
13.57 19:58 minutes
12.79 22:08 ~
2005*
' 2006**
* ADEC did not accoinplish Cesting.
** ADTC did notprovide detaiied sampling daTa. I'reliminary data provided shows
limits may have been exceeded on two days
The information included in the column Citled "Duration TAH Limits were Exceeded"
was caiculated by calculating the time duration between the fest sa~nples tl~at did not
exceed TAH limits boTh prior to and after liinits were exceeded.
It is the administzation's ~osition that any action by ADLC to cate~orize the Lower Kenai
River as an impaired waterbody is not supported by the data. Additionally, ADEC is i~ot
required by federal Iaw or regulation, uor state statute or regulation, to categorize the
Lower Kenai River as an impaired waterbody as a result of the testing performed to date.
The testing perfoxined to date shows there are brief periods during one to three days per
year in which the TAH limits are exceeded for periods of four to ten hours. ADEC has
not calculated 24-hour time weighted averages (TWA's), which is standard measurement
methodoiogy that would lower the TAH to acceptable levels well below the maximum
limits.
For ADEC to take an action that would categorize the world's premier commercial and
sportfishing river as an impaired waterway is reckless and not supported by the available
data.
Page 3
Memo to Council
November 17, 2006
Administration recommends the council oppose any action by ADEC to categorize the
Lower Kenai River as an impaired waterbody, but to fully support the ADEC and the
State of Alaska Department of Nalural Resources (ADNR) in their efforts to Iower the
TAH levels in the Kenai River.
Thai~lc you for your attention in this matter.
2006_Draft_IR Page 1 of 1
?~ Commissioner Divisions/Contacts Public Notices Regulations Statutes Press Releases CiEC Htlt~e
~_~_w_ ~___,.,
~...k~~ i #. 1.f Ys~ri F~~:.E~~
~64~r4.vl ~~¢Gd~~~ ~n7~k+~J~~iF$F ~ S'4.LW'~.i~l~I11+Fr,.
k i~.,r
5t~te~ of Alc~ska ~~ C~EC > W2ter ~ W`ater Quality Assess+n~nt & F.epaKing 't"'`,-
2006 Proposed Integrated Report ~
The Alaska DeparCment of Environmentai Conservation is seeking comments on the 200& ~~~ r~~.~~
~
~
~
Proposed Integrated Water Quality Mnnitoring and Assessment Report (Integrated Report). ~:_-°
_
..~° ~..
Every 2 years DEC is required to report on the condition of Alaska's waters according to the ~ Water Divisic
federal Clean Water Act (CWA), This report categorizes waterbodies and includes the CWA s Nonpoint Soi
reporting requirements for 305(b) and 303(d) list of impaired waters. The Integrated Report pollution
aiso heips the State prioritize waters for appropriate action such as data gathering, watershed
protection, and restoration of impaired waters. f Water Qualifi
~~ Integrated Re
+ Public Notice Page
• Draft 2006 integrated Water Quality Assessment and Moniforing Report
. Factsheet on the Report and the proposed changes ~~~n =~~~~~ ~~, ~~
. Attend a publlc informational meeting u~-:~- •~- -..`
. Supporting Documents, and Maps g 2004Integra
~ WaterMonitc
DERDL(NE for submissions rs 5 PM Alaska Time, December 1, 2006. } Alaska Clear
Send written comments to: (ACWA)
Drew Grant
PO Box 11180 = Total Maximi
410 Wlloughby Ave Ste. 303 (TMDL)
Juneau , AK 99801
d rew_g ra nf@dec. state. ak. us
Phone:907-465-5304
Fax:907-465-5274
~ StaYe o#AlasHa rnyNlasia LJtC 51,~4f Uirer,fory VVebmas?ar C;omroisstonai", t7fiae DivlsionslCnntacts F'ress Relc^ases Pubiic: Nokir~z,c He~i~lation
http://www.dec.state.ak.us/water/draft 2006_integrated_report.htm 11/14/2006
Alaska Department of Environmental Conservation
Water Division, Water Quality Assessment and Monitoring Program
Public Notice
2006 Draft Infegrated Report
The Alaska Department of Environmental Conservation is seeking
comments on the 2006 Draft Integrated Water Quality Monitoring and
Assessment Report. Every 2 years DEC is required to report on the
condilion of Alaska's waters according to the federal Clean Water Act
(CWA). This report categorizes waterbodies and includes the CWA
reporting requirements for 305(b) and 303(d) list of impaired waters. The
Integrated Report also helps the State prioritize waters for appropriate
action such as data gathering, watershed protection, and restoration of
impaired waters.
The draft 2006 Integrated Report reflects changes to previous years'
reports. DEC is proposing to add waters to the impaired waters list and
to remove other waters from this list because a Total Maximum Daily
Load or other acceptable poliution controls will ensure waterbody
recovery. Additional waters are proposed to be added to the report,
reflecYing that they will require more information to be fully evaluated.
The draft report can be found on our webpage at:
wwwv.dec.state.ak.us/water/draft 20a6 inte~r~ted renort htm
An informational public meeting will be held in Anchorage on November
21, 2006 at the Anchorage Legislative Information Office 716 W 4th Ave.
Suite 200, Anchorage, Alaska beginning at 4 PM. The meeting will be
teleconferenced to the Kenai, Fairbanks Juneau and Wasilla Legislative
Offices at the following locations:
Kenai- 145 Main Street Loop Ste 217
Fairbanks- 1292 Sadler Way Ste 308
Juneau-State Capital, Terry Miller Bldg. Ste 111
Wasilla- 600 E Railroad Ave.
THE DEADLINE FOR COMMENTS IS 5 PM Alaska time, December l,
2006.
Submit written comments to:
Drew Grant
PO Box 11180
410 Willoughby Ave Ste. 303
Juneau,AK 99801
drew ~rantfa'dec.state.ak.us
Phone: 907-465-5304
F~: 907-465-5274
The State of Alaska, Department of Environmental Conservation
complies with Title II of the Americans with Disabilities Act of 1990. If
you are a person with a disability who may need a special
accommodation in order to participate in this public process, please
contact Deborah Pock at (907) 269-0291 or TDD Relay Service 1-800-
770-8973/TTY or dial 711 within 30 days of publication of this notice to
ensure that any necessary accommodations can be provided.
The language of the final report and waterbody categories may be
different from that of the proposed report. You should comment during
the time allowed if your interests could be affected. Written comments
received are public records and subject to public inspection.
DATE: October 31, 2006
Nancy Sonafrank, Program Manager
Public Notice Dr~ft
November 'f, 2006
Alaska Department of Environrnental
Conservatian
able of Contents
Section Page
1 In troduction .......................................................................................................................... l
The Purpose of the 2006Infegrated Water Quality Assessment Report ................................ l
2 Description of Categories and Overview of AssessmenY MeEhodology and ResulYS .............8
General Assessment Methods ................................................................................................8
Categories and Assessments ...................................................................................................9
Overview of Lhe Approach and Criteria ~Por lmpaired Waterbodies .....................................16
Specific Consideratioi~s for Waters Impaired by Residues and Permitted 7ones of
Deposit .................................................................................................................................19
Remediation Plans ................................................................................................................21
Removing (De-listing) Waterbodies fi~o~n the Category 5/Section 303(d) List ...................23
APP~NDIX A Waterbody Categories 2 tlirough 5 ..................................................................25
APP~NDIX B Waterbodies Removed Rrom 303(d) List ........................................................83
APPEl\~llIX C `PiVIDL Schedule and Factors ............................................................................8.5
APPENDIX D Status of 2006 303(cl) listed Log Transfer Pacilify «'aterbodies ...................BS
APPENDFX E L.ist of Alaslca's Category 5/Section 303(d) Impaired Waters ........................89
APPLl~'DIX F Alaska's Water QnaliYy Management Progranis ............................................94
APPENDIX G Alaska's Interpretation of the Residues Criterion wiYhin Alaska's Water
Quality Standards (18 AAC 70) Regarding Attainment and Impairment
Determinations .................................................................................................113
APPI~'DIX H Logic Plow Diagram
129
2006 drafr lntegratrd Repor[ 10-3I ver 6(2)- 11/1/2006
ist of Abbreviations and Aerotayms
ACWA Alaslca Clean Water Actious
DEC Alaska Departinent of Environmental Conse~vation
CERCL~: Comprehensive Environ~neutal Response, Coanpensation, and S~iability Act
CFR Code ofFecleral Ree~ilations
CGP Construetion General Permit
CWA Clean WaterAct
CWS coinmunity watee system
DMR Discharge Moniforing Reporf
DWPP Drii~kiug Water Protecfic~n Program
BPA U.S. Environmental ProYection Agency
LTF ]og transfer facility
MCL maximum contaminant ]evel
MSGP MulYi-source General Permit
NPDES National Pollutant Diseharge Elimination System
NTNCWS non-transient,»on-colnmunitywatersysten~
ONRW OuYStanding NaCional Resource Waters
PWS public water systcm
PWSS ~ublic water system supeivision
RCRA Resource Conservation a~~d Recove~y Acf
RPP Request for Proposal
ROD Record of Decision
iv
2006 drafr hitegcatzd 2eport 10-37 ver 6(2}- 71/72006
SDWA Safe Drinking Water Act
STORET short for STOrage and RETrieval, an BPA enviromnental database
TAI-I total aromatic hydrocarbon
TAqH total aqueous hydrocarboi~
TMDL total maximum daily load
7`IvCWS transient non-comnlunity water system
UIC underground~injecfion control
L'SACE U.S. Army Coips of Eilgineers
WPMI' Welihead Protection ManagementPlan
?006 draft Integrnted Re}~oR IO-3I ver 6(2~ I1/l Y2006
1. lntroduc#ion, Purpose and Approach
~
~~~;
~~
~
~~~:~ Ir~tr~ductior~
The Purpose of the 2006 Ir~te~r~t~d Water Quality
A~se~~m~nt Report
Tl~e Clean Water Act (CWA) mand~tes that eacl~ state develop a progrvn to monitor tl~e
quality of its surface a~~d groundwaters and pre~are a report describing tl~e status of its
water quality. The U.S. Environment~al Protection Agency (EPA) then eompiles and
sw~linarizes the information from all the state reports and sends this infon~~atiou to
Congress. The }~roeess for developing information on the quality oFthe nation's water
resources is confained in several sectic~i~s of tl~e CWA: Section 305(b) requires that the
qualiry of all waterbodies be characterized; Section 303(d) requires tl~at states list any
waterbodies that do not meet water quality standards. The BPA has recommended that the
Section 305(b) re~~orts and the Section 303(d) tist of im}~aired watees be uitearated into a
single, compi~eheusive moniYoring and assessment report, the Integrated Water Qualily
Monitoring a~rzd Assessme~it Repor•t (l~~te~graYed Report).
Tl~is integrated approaoll allows tl~e slates to identify any water qtiiality problems, develop
remediation plai~s and, ultimately, achieve water quality standards in alI of its waters. The
Alaska De~artment of Envirouinenfa] Co~~servation (D6C) considers this Integrated Repo~~t
an impoi~tant tool for und~rstanding the healtl~ of Alasl<a's waters and for identifying
actions that can l~e talcen to improve water quality in Alaska. This water quality
informarion is just one componei~t that contiibutes to the efforts and priorities under
Alaska`s Clean WaYer Actions (ACWA) initiative, a much broader ai~d more
com}~rel~ensive assessment tl~at inehides water quantity and aquatic ]~abitat. A more
comprehensive description of the ACWA initi~tive and its process for assessing
infonnation and establist~ing waterbody priorities is availabte in Appendix F.
Tl~e statewide waTer quality assessrnent describes whether the existing conditioil of
Alaska's waterbodies is sufficient to maintain multiple uses for each waterbody. Alaska's
water quality standards designate seveu uses far fresh wateis (drinking water, agriculture,
aquaculture, industrial, eontaet recreation, non-co»tact recreatio~~, and growth and
propagation of fish, shellfish, other aquatic life, and wildlife) and seven us~s for marine
wateis (aquaculture, seafood processing industrial, contact recreation, non-contact
recreation, growth and propa~ation of fisl~, shellfish, other aquatic life and wildlife, and
harvesting raw m~Ilusks or othee raw aquatic fife for l~uman coi~samption). Sources of
information tliat DEC uses to develop t11e water quality assessments include »ionitoring
2006 draft Integra~d Report 10-31 ver 6(2~ I7/I/2006
1. lntroduction, Purpose and Appraach
data (e.g., water testing), professional lmou~ledge, and evaluations such as tl~ose provided
by waLer resource managers, fisll and wildlife biologists, and aquatic biologists.
This report fulfills the requirement of Sec~fion 305(b) of the CW~1 that each state provide
the EPA with a coniprehensive report of water quality by providing a comprehensive
evaluation of the status ai~d health of eael~ wat~rbody in the State of Alasl<a and by
describing the programs by wl~ich the state is maintaining or im~n~oving the quality of
Alasl<a's w~ters.
In addition, this report describes the process by which waterbodies are evaluated to
determine if they atfain water qualiry standards or are impaired (pol9uted). Part of this
process includes elassifying eaeh waterbocly according to five eafegories, de~eilding on
fheir health; determining which waterbodies need further action; scheduling when each
iimpaired waterbody will be addressed; involvi~~g the public in determinii~~g I~ow water
quatity will be addressed; and then deteru~ining how waterbodies are removed ~Crom the
impaired waterbody list.
Background on the DEC's water quality programs can be found in Appendix F.
Assessment Results
Alaska is eich in water quantity, water qualit~~, and aquatic resources, with almost I~a(f of
the total surface waters of tl~e United States Iocated in tl~e stafe. Because of Alaska's size,
sparse population, and its remote character, the vast n~ajority of Alaslca's water resoti~rces
are in pristine coi~ditioil. More than 99.9% of Alaska's waters are eonsidered unimpaired.
With more than 3 n~illion la]<es, 714,004 miles of strean~s and rivers, 3C,000 miles of
coasY~line, an~ approximately l 76,863,000 acres of fi~eshwater and tidal wetlands, less than
0.1°/o of Alaslca's vast water resources have been identified as im}~aired. Historically,
Alaslca's water qualify assessments focused on areas with lo~own or suspected water quality
impairments.
Surface freshwater sup}~lies tl~ree-fourths of the sYate's water needs for indushy,
agriculture, u~iiting, fish processing~, and public water use and is used for about l~alf oP
Alaslca's domestic water supply. Alaska's sw-face waters include more tl~an I5,000 salmon
sYreams, an i~nportant resource for Alaslcans and the world. Alaska atso IZas the greatest
groundwater resources of any state. With only ap~roximately 635,000 residents
(approximately one resident per square mite), Alaska is sparsely populated. Urban
development is concentrated in a few main population centers, with the majority of people
living~ in south-central Alaska. The 1990-2000 U.S. census showed the population increase
in the Matanuslca-Susitna Valley was 49.5% (the fastest ~rowing area in Alaska), compared
with an overatl inerease of 14% and a national average increase of 1.2%. The Matanuska-
Susitna Borough's growth ranl<cd 86r~ in d1e i~ation. Nearly 50% of fhe st~ate's population
lives in the Municipality of Anchorage. Other major popu(ation centers ii~clude Fairbanl<s
in the state's inferior and Juneau, tl~e sfate capita(, in southeast A(aslca. Beyond these major
population centers, communities tend to be small and generally not connecLed by roads. As
2006 drafY lnfe~rated Report 10-37 ver b(2r 7 V7/2006
1. Introducfion, Purpose and Approaeh
Alasl<a's population gi~ows and Alaska's natural resource base economy expands, an
ina~easing number of Alaska's waters, especially in urban areas, face the threat of
degrada~tioi~.
(n specific localized parCS of Alasi<a, surface water quality has been impaired. Historically
arid for this 2006 Report, in urban settii~~s (cities, towns, and villages) waYers are
pretloiminantly impaired fi~om sediinent, t~irbidity, and fecal coli~Form bacferia
coi~tamination from urban and stormwater runoff. Other sources o~Fimpairment are
sedimenC and turbidity from mining activities in the interior of Alasl<a, residues fron~
seafood processing ~facilities in the coastal zone, co~~ta~~~inated militaiy sites in southcentral
and southwestern Alaska, and bark and wood residues from timber processin~ and transfer
facilities in coastal southeast Alasl<a. Aetroleuin products, such as oil spi(Is or fuel leal<s,
are also a source of impairment within the state.
Atlas -- To ic'i Vatue
~~
State ~o ulation 655,435
j
State surface area (s uare miles) 656,425 I
Total ~niles o~Frivers and streams 714,004 I
Ilvuinbecof(~ikes/reservoirsl~onds I 3,000,OOOi
Acres of lal<es/reservoirs/ onds 12,787.200
~~ S uare miles o~f esYUaries 3.331
'~ Miles of coasYa] sl~oreline 44.000
~ Acres of fi-eshwater wetlands 174,683,900 ~~~~
Acres of tidal wetlands 2,1$0,500 '~
Cafegorization of Waterbodies
Generally, waterbodies are categorized by usage ancl the degree to which water quality
gQals are attained. There arc fivc categorics to which a waterbody can be assigned:
• Category 1. All tl~e water quality sYaudards for a(( ciesignated ases are atYained.
• CaYegory 2. Son~e of Che water quality stanclards for the designated uses are
attained, but data and informaYion to determine ifthe watar quality standards for the
remaining uses are attained are i~~suf~~icient or absent.
• Category 3. Data or ii2~forination is insufficie~it Lo deterinine t~haT tl~e water qtiia]iTy
stai~dards for any oi'the designaTed uses are attained.
• Category 4. The waterbody is determined to be impaired but~ does not~ need a Total
Maximuin Daily Load (TMDL).
o Category 4a. impaired waters with an established and EPA-approved
TMDL.
2006 dcaft I~negrated (teporc IO-3; ver6 (2r i l/]l2006
9. lntroducfion, Purpose and Approach
o Category 4b. [mpaired waters with established "other }~ollution control
~ requirements" to meet water quality stantlards.
o Category 4c. In~paired waters that fail to ineet a water qualiTy sYa~~dard
which is not caused by a pothitant, but instead is caused by odter types of
pollution. ~
• Cateeory 5. Water quality sta~idards for one or moi~ designated uses are not
attained~and the waYerbody requires a TMDL or recoveiy plan. Category 5 waters
are the Section 303(d) Iist of im}~aired waters.
The following table summarizes the results, by waterbody category of the evaluatioi~ of
existii~g and readily available water quality dlta and irrPonnat~ioi~ reviewed for this 2006
Integrated ReporT.
Cate ory Nuntber of Waterbodies In Eael~ Catcaorv ~''
I Majority of Alaskan 11%aters ~~
2 23
3 286 ~
4a 28
46 9
4c 0
5 34
Alaska's Approach to Impaired Waterbodies
Alaska's proccss for "listing°' an individual waterbody for Section 303(tl) designatio~~
begins with an internal review of existii~g and new i~lforination Yo det~ermine Che presei~ce
of pollutants ~nd/or persisteut exceedances of water quality standards or impacts to the
desigiiated uses and the degree to which water quality standards are aCtained. I~i addition to
the water q~iality stanciards, there are specific criteria for evaluation and listi~~g of
waterbodies associated with residue discharges from Iog t'ransfer or seafood processi~~g
fac i ( iti es.
Once a waterbody has been placed on the Section 303(d)~ list, a'i'MUL recove~y plai~ will
be developed, unless data obtained subsequent to the listing indicates that Yhe waterbody is
no longer impaired or otller measures are undertal<en to restore the waterbody. State of
Alasl<a waterbodies on Yhe Section 303(d) list are scheduled for a"i'MDL or waterbody
recovery }~Ian to be developed beTween ~~ow a~~d 2011. Specific criteria are available for
cie(isting of impaired waterbodies. When a TMDL or waterbody recovery plan is
developed, a public process is initiated in which the public is notified of the docu~nent and
can coininenT on it. ~
2006 dcafl Integrated Report 10-'sl vcr 6(2)-~ I i/12006
1, lntroduction, Purpose and Approach
~I Alaska's Impaired Waters & Number of TMDLs Completed for Reporting
IMerval
i gp ~. ....... ._._.. _._._. .___ ._.... .,._.. ._... .._ ;
70 . ___- -_- '. B2~ _ ,"}1' ' ~d- ' ".: 71 _....
,
i 60 - ..$7'.._...... .. _ -- ........_. ... _ ._.- -_-
~+
; 50
a ..._- __..- _- . - ... -
I o
''~
°
40
--._...
, a I
~
~ ~
30
-
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-
~
__ F
,+i~
..- ~
-
20 _ _ __ __- __ __ _- _ __ "rp~ -.
~ i
;
10 .~- '6r ~ ,,,~ r'
~ :
i _- _____ _____ , ~.. efi
i Q ~~ ~ ..s .
~ . ~
i~, 1990 1992 1994 1996 1998 2003 2004 2006
', Year Reportetl '
~ !~ Category 5 Section 303(d) Listed Impairetl Waters ~!
I .
:~ ~ Category 4a plus 4b impaired Waters i
i ~-Total Impalred Waters (Category 4a+4b+5)
-~-TMDLs Completed for Seotlon 303(d) Llsted Waters for Repoding Interval I
I
I
~,,__'_
_--
-._ ._._^. -- .. -.._._..___........._'_'____'__'_
-_~
Significant Changes from Alaska's 2004 Tntegrated Water QualiYy Assessment Report
^ Red Dog ai2d Ilza~lukrolc Creeks, previo~~sly placed in Cate~ory 4b in Alaska's 2004
Integrated Re}~ort, are now placed in Category 2 sii~ce they aee attaining standards.
^ Two impairmenfs are proposed for retnoval from tl~e Catego~y 5/Section 303(d) list of
impaired waters:
o TMDLs for fecal coliform bacteria impairments were eompleted on Campbell Lake
and Carnpbell Creel< in Anehorag~e. Tl~e EPA approved these TMDLs ou June 15,
2006. These two waters are removed the Category 5 Section 303(d} impaired list to
tlle impaired Category 4a ("TMDL com~~leted").
Also:
o Cabira Cree7c locafed on ?vational Parlc Service Iands, is in~paired from mine
taiJings. The National Parlc Service identified "other pollation controls" for the ~rield
season of 2004 that will lead to attainment of water quality standards i~~ a
reasonable ti~ne period. The F.PA and DFC reviewed Che information supporting
this assessment and agrecd to move Cabin Creek from the Category 5/Section
303(d) i~mpaired list to Cate;oiy 4b ("other pollution controls").
^ Two waterbodies have been identi~fied in this 2006 Integrated Report for placement on
the Category 5/Section 303(d) ]ist of impaired waters:
2W6 drn~llintegr~ted Report I0.31 ver 6(2r 11/12006
?. lntroductian, Purpose and Approach
Keizai River, the lower Kenai River is proposed for placemenT on the CaYegory
5/Section 303(d) list of impaired waters for non-atYainment of the Peh-oleum
I-tydrocarbon ~~ater quality sYandard.
Big Lake, in Wasilla, is proposed for placemei~t on the Category 5/Section 303(d)
list of impaired waters for i~on-attainment of the Petrolewn Hydrocarbon water
quality standard.
^ Other broader changes include the following:
0 77 n~w waterbodies are reported in Category 3 sinee additional waters were added
to DCC's water quality assessment database (ADB) a~1d there are now 286 Category
3 waterbodies.
o Inclusion of additional language under tl~e assessment methodology for Category 3
waterbodies ~xplaining~ the ACWA process and the evaluation of waYers for
"sufEicient and credible dafa" as a 1<ey screening ste}~ to deternline that Yhe water
quality standards for any of the designated uses are attained.
o Updates to narratives were completed where necessaiy based on existing and
readily available inforulation. U~dates to Category 4a waterbody nan~atives were
con~}~leted wl~ere a TMDL, was developed.
o ACWA waterbody pi~iority rankings are included 'n~ the re}~ort.
o Language more clearly explains Alaslca's intcrpretation of the reeently revised
residues criteeia in rnaking impairment and attainment deternlinations, fo~md in
Appendix G.
Public Process Overview
DFC has an open, on-goii~g solicitation for water quality data and information. D~C
coordinates a continuous state resource agency effort to solicit Alaslca Clean Water Actions
waterbody nominations and this information is incorporated into this Repart. During the
}~re}~aratiou and development of Alaslca's 2006 Integrated Report, DBC actively solicited
readily available and existii~g water quality data a»d informatio» which would be used for
preparation olthe 2006 Integrated Report.
DGC posYed a public notice solicitation for existing and readily available water qua(ity data
ai~d informafion from Juty 5 to August 4, 2006. As ~art o~fthis public notice DEC set a data
cut-off dat~e of Septe»~ber 1, 20Q6 as tl~e last day D~C could consider data and waYer
quality to be considered for inclusion in Alaslca'S 2006 Integrated Re~~ort. A 30-day public
review and coinment of tJlis draft Report is provided from early November to early
I~ecember 2006.
DEC coosiders puhlic convnents on the draft report and makes any necessary changes to
ihe Report. A res}~onsiveness summary on the public commei~ts received on tl~e draft
Repoi~t will be coml~leted and is ~available to fhe public wl~en the re~~ort is submitted to EPA
2006 drafi Int'egrated Repor¢ 10.31 ver 6(2)- ll/I12006
?, fnfroduction, Purpose and ApproacM
as final in Decen~ber of 2006. AfCer final changes are made to the Report, the Report is
snbmitted to the U.S. Environmei~tal Protection Agei~cy for approval of the Section 303(d)
impaired waterbociy listings and de-list~ings. Once DEC receives this ap}~roval of tl~e
Section 303(d) listings, a final Report and the public responsiveness summary will be web
~osted and made available to t1~e public.
2006 draft Infegrated Report 7037 ver 6(2~ I lli/2006
2. Cafegories, Assessmenf Methodotogyand ResuPts
~
~~~~,~~
~~~
~r~~
~~ ~~ ~ri ti n of a~ or~ ~nd
~r rvi~ f s~e sm~nt
~ho l an sults
Tl~is section of tl~e Integratcd Repoct describes Che process by whidi the State of Alaska
evaluates the nature, health, and status of waterbodies. Part of the pirocess includes
dividing waterbodies into five categories, de}~ending on their healfh; deYermining which
waterbociies need further action; schedu(ing when each polluted or impaired waterbody will
be addressed, and ii~volving the public ii~ 111e defermining how waterbodies will be
addressed (see Figure 9-1, Logic Flow Dia~~am for Maki~lg Category Detenni»ations).
Waterbodies that are found to be impaired or polluted wider the 303 (d) processes may
require conducting and implementing a TMDL evaluation. A TMDL or waterbody
recovery plan describes the process and steps for restoring an impaired waterbody to a
conditiou tl~at meets the water quality standards for the pollutants indicated.
Section 303(d) requires a list of impaired waterbodies thaY are not expected to meef
standards without additio~~at conCro(s. Many 5ection 303(d) listed waters I~ave not
undergone comprehensive water quality assessrnents to determine the exfent of water
quality iinpairment or whether existing coutrols are adequate to achieve the standards.
DEC closely scrutinizes waterbodies to determine if suspected water quality violatioi~s or
persistent exceedances of water quality stai~dards have been thoroughly investigated and
docume~~Yed. DSC uses this approach to prevent the (isting of waterbodies with
iuconclusive or circumstantial clata and/or based on observafion alone.
Ceneral A~s~ss~ent Methad~
DEC actively so(icits all existing ~nd readily available water quality data and informatioii
in accordance federal EPA guidanee. This ii~cludes, but is not limited to waters for which
watei quality }~roblems have been reported by (oca1, State, or federal agencies; members oP
the public; or acade~~lic i»stitutions. T11ese organizations and groups are solicited for
cesearch they may be conduct~ng or reporting. For example, university researchers, the
United States Departmei~t of Agriculture, the National Oceanic and Atmospl~eric
Administration, the United States Geological Survey, and the United Sta~s Fish and
Wildtife Service are examples of such sources of field data.
DEC actively accepts and solicits such water qualiry data ~and information oii a continuous
basis. Additionally, forinal public notiee is made every two years soticiting suc(1
infoi~mation as ~arC of the development of the Integrated Report.
2006 draft h~tegrated Report 10-31 ver 6(2~ 7 7/IfL006
2. Categories, Assessment MethodoFogy and Resu/fs
DGC eonsiders and evaluates data and information f•on~ a wide range of sources, sucl~ as
those listed below:
• ~revious reports pre~aared to satisfy CWA Sections 305(b), 303(d) and 3l4 and any
updates
~ the most recenL Section 319(a) nonpoint source assessroenY
• reporCS of ambient water quality data including State ambient water quality
moilitoring progra~rrs, complaint investigations, eTa, from the public and other
readify available data sources (e.g., STORLT (an EPA environmental data~base),
USGS, research reports, ete.), and data and infonmation provided in public
convnents
• re~orts of dilution calculations or predictive models
• water quality management plans
• Superfund (contaminated sites) Records ofDecision
• Safe Drin]<ing Water Act source water assessmenis
In addition to these convenfioi~al sources of data DEC also considers water quality data and
information from ciLize~n volunteer monitoring networl<s.
Categories and As~essm~nts
Categary 1
Waterbodies are placed in fl~is category if there are data to support a detern~ination that the
water quality standards and all of the uses are attai~~ed.
Criteria Used to Ciassify a Waterbody as Category 1
The majority of Alaslca's waters are not subject to man-caused sfressors and are considered
unimpaired. DEC expects t1~aY 99.9% of A(aslca's waters cau be classified as Category 1,
however there are no specific waters identified in t11is categoiry.
Category 2
Waterbodies are placed in ihis categoiy if some of the water quality standards for the
desig~~ated uses are attained.
Category 2- Attaining Some Uses
Waterbodies are plaoed in tltis category if there is data a3~d infoi~nation w support a
deterinination that some, but not all, uses are atYaii~ed and if the attainment st~atus for the
remaining uses is unknown because there is insufficienf or no data or informafion.
Monitoring should be scheduled for these wate~s to deter~~~ine if the uses }~reviously found
to be in attainment ren~ain in attainment and to cietermine the attainment status of those
uses for which data and infor~naCion was previously insufficient to mal<e a determination.
'I"here are 23 waterbodies identified for placement in Category 2.
9
2006 drafl~ 7nFCgrated Report I O-3I ver 6(2} l7/1/?006
2. Categories, Assessmenf Methodology and Resuffs
Criteria Used to G[assify a VVaterbody as Category 2
Waterbodies that have been previously idenYified as im}~aired but that are i~ow attaining a
water t7uality standard are placed in this category. Exa~nples o'F such waters are those that
have im}~lemenYed a TMDL or other pollution eontrols that supporf a deter~nii~atioi~ that fhe
waYer quality sfandard is attained.
Waterbodies associated witl~ residue ciischarges are also placed in Categoey 2 if recent dive
survey reports s1~ow that water quality standards are attained and have continaed to be
attained.
Waterbodies that were determiued to be impaired from residues and listed as Category 5
but that have documented a continuous coverage of residues of less than 1.0 acre are also
placed in Category 2.
Category 3
Waterbodies are placed in Category 3 if data ar i~~formation are insuffieient to determine
that fl1e water quality standards for any of Che designated uses are attained.
77 new waterbodics have been identified for placement in C2Cegory 3 froin the last
InYegrated Report for a total of 286 Category 3 waterbodies.
Criter6a Used to Classify WaYerbodies as Category 3
Alaska's water resources include more than three uiillion lakes larger than tive ac~•es in
size, 365,000 i~~Iles of rivers and streams, more than 174,000,000 acres or freshwater
wetlands, and 36,000 miles of coastal shoreliue. 1-Ieuce, Alasl<a has a large number of
waCerbodies for which insufficient, inadequate, or li[tlc to no data or infornlation exists to
s~ipport attaimnenY or impairment determinations. (DEC expects that the majarity of tllese
waters would be in Category 1, i.e., waters aCtaining standards for all uses, if sufficient
cesources existed to assess them.)
Category 3 includes waters DEC forn~erly called "open files" and waters nominated for
assessment through the ACWA }~rocess of Alaska's tl~ree resource agencies
(Environmenta] Couservation, Fish and Ga~~1e, aud Natura] Resources). Actions that trigger
opening a file can include nomination from the }~ublic, a~ublic complaint, a newspaper
report, or more rigorous information such as water quality reports or assessments. Such
waters would be placed in Categoiy 3. Quite a number oPthese waters laclc any I<intJ of
definitive water quality data or infori~~ation, or such iuformation is scant, spotty, or out-
dated, to det~rmine whether water uses are being attained or impaired. Many of these
waters have been brought to the attention of Alas]<a's state resource agencies for sus~ected
pol lution or water quantity or fisl~ habifat impairment. DEC maintains files on some of
these waterbodies and these are the waterbodies shown in Appendix A-2 in tl~is report.
]0
2006 draft lntegrated Repoct 10-31 vec 6(2r I 1/(2006
2. Cafegories, Assessment MethodoBogy and @2esults
Cooperating agencies have developed a waterbody nomination and ranking process, using
established criteria, tl~at prioritizes assessme~lY, sYewardshi}~> and corrective action i~eeds for
polluted waters and waters at risk of pollution. These criteria include the statutoiy criteria
as well as severity of ~ollution and uses to be rnade of tl~e waters, per thc Clean Wafsi• Act
§ 303(d)(1)(A).
The ACWA ranking criteria were develo~~ed to assigi~ a ilumeric value to a successfully
no~ninated waterbody, resulting in a eelafive priority ranl<ing ("ACWA Priority Rank").
Waterbodies for wllich the data are not sufficient enough to suggest a current or anticipafed
problem are tracked for fw-~her "dafa collection or monitoring." Other waterbodies for
whicl~ suffcient and credible data are available and that suggest that a current water
qualify, watcr quantity, or aquatic habifat problem exists or that future problems are lil<ely,
are subject to adclitional analyses to evaluate agency stewardship effectiveness and to
deternline the persistence of exceeded standards or regulations violations. A number of
these waterbodies are traclted as "at-rislc" or `Yecovery." Ranking the waterbodies and
assigning a relative priority is a way for agencies Yo focus resources oi~ the most important
~riorities.
Description of Ranking Criteria
Tl~e ACWA ranking criteria include an identical set o~f six common factors (allocation
(refers to the extent to which the water has been obligated ~Por various uses), condition.
protection, future use, present use, and vatue) ap~lied broadly across each of three
components:
^ Water quantity;
~ Water guality; and
^ Aquatic habitat.
Each factor is assigned a l~igi~ (5), medi~nl~ (3) and low (l) rating for eacl~ ofthe
components.
2006 drafT lntegrated Report 10-31 ver 6(2}~ 11 /1/20U6
2. Categories, Assessment Mefhodology and Resalts
Application of the Ranking Criteria
Professional agency staff review readily available information and data related to a given
waterbody and assign a factor-ratiug using their best professionai judg~nent for each Pactor.
The agency most Icnowleclaeable and familiar witl~ t1~e dafa is responsible for an individual
component. l~ or instance, Alaska DepaiKinent of Natura) Resources hydrologists are
assigned Che responsibility for providing factor-ratings for water quantity, whereas ~
biologists in the Alaska Del~artment of Fish and Gajne are assigned the responsibility for
providing aquatic habitat factar ratings, and DEC is assigned the responsibility formaki~lg
water quality ratings. Waterbodies are ranlced in descending order of their assigned
ranking score. Nwneric thresholds are established and each wlterbody is assigned a high,
medium, or low priority. Tiote: Lhe ACWA ranl<ings shown in this Report re}~resent tl~e
hin~l~est ranking for the waterbody for either the Water Quality, Wafer Quantity, or Aquatic
Habitat component. More detailed ii~for~nation o» the ranJcii~g process is available online at
http://info.decstate.ak.us/awq/a~~vca/waterbodv/ii~dex.I~Cm
The Alasl<a`s Clean Watee Actions (ACWA) is a process to:
• Determiue if waterbodies are adeq~iately protected;
• Identify and }~rioritize waterbodies-at-risl< for additional protecfion action;
• Identify and prioritize waterbodies needing recover}~ for restoration or remediation
action.
In the Nomination Phase individual waterbodies nominated by the public and agencies are
reviewed and entered into the ACWA database (or returned to the nomiuat~r for additional
information).
]n thc Analysis P3iase each waterbody is analyzed to determine:
~• Whether existing stewardsl~ip programs are adequate to maintain a~1d protect the
watcrbody;
• Whether available data is suf[icient to detennine the existence or extent of a current
or potenTial problem.
The analysis phase directs waterbodies to three possible actions or outputs:
• Waterbodies that are adequately protected;
• Waterbodies requiring additional data;
• Watert~odies tl~at require additional protection or recovery.
In this analysis phase a successfully nominated waterbody will uildergo a series of
determinations using esCablished a~iteria to assess the adequacy and credibility of the
associated data available for fhe waYerbody. This step is called a"su~cient and credible
data review." Tables are used to assist in ihe review of the rigor of the data and informatiou
associated with each water and these can be reviewed at
httq:l/www.deastate.ak.us/water/acw~/pdfs/si~.pei'F.
Also parT of this process is a determination regarding Lhc adequacy of existiug stewardship
programs currently in place to protect aud maiutain the waterbody and if any specific
12
200G draft Integiatzd Report 10-3t ver 6(2r 11/I/Z006
2. Categories, Assessment Methodology and Resufts
recovery actions are required. OPf raml~s are provided fhat assure appropriate aitention
includi~~g use o'Froutine stewardshi~~ programs and 1~ealthy waterbodies i~omiuatec3
specifically for moniCoring. ~
W~terbodies-at-rislc and waferbodies needing recovery, are add~rossed in tlze Action Phase
by:
• Prioritizing individual waterbodies for action;
Identifying and implementing protection or recovery actions;
Evaluatii~g the success of pirotection/reeovery actions and directing tl~e waterbody
for additional infonnation, continued monitc~ring or additional protection/recovery
acCions.
During all phases, additional data needs ~n~y be identi~fied, sending the waterbody to the
data collection traclc.
Nearly all of the Category 3 waters showi~ l~ere in t11is Integrated Report have gone through
the sufficient and credible data step in the ACWA process. A sn~a(I nu~nber of waters at
any given time are placed in a"pending" status until the water quality information and data
associated with the water undergo a su~frcient and credible dat~ review step.
13
2006 drefr lntegrared Report 10.31 ver 6(2)- 7 I/1 /2006
2. Categories, Assessmenf Ntethodology and Results
Catec~ory 4
C.ategory 4 waters have been determined to be impaired but do ~1ot need a TMDL.
Category 0. wafsrs are divicled into fhree sub-calegories:
Category 4a - TMDL Compteted
An impaired water fhat was previously lisCed in Category 5/Section 303(d) but l~as l~ad a
TMDL completed and ap}~roved by t(~e EPA.
Waterbodies are placed in this category when a TMDL is developed and a}~proved by EPA
such that, when iinplemented, fu11 attaimnent of the water quality standards is expected for
the s}~ecific impainne~~t for which fhe TMDL was developed. (f the waterbody has any
other impairment then it may also show in Category 5(Section 303(d) listed) timtil a'I'MDL
is developed and approved for that impairmenY.
Monitoring shoutd be scheduled for Chese waters to verify that fl~e water quality sta~~dards
are met once tl~e water quality management actions needed to achieve alI TMDLs are
implemei~ted.
There are 28 waterbodies idetltified for ~~lacement in Category 4a.
Category 4b - Other Poliution Control Requirements are Reasonably Expected to
Result in Attainment of the Water Quality Standard in a Reasona6le
Period af Time
ConsisYentwith the Code ofi Federal Regulations (CFR) 130.7(b)(T), (ii), and (iii), waters
are placed in tl~is category when other pollution contro] requirements required by a local,
stafe, or federal authority are stringent enough to aehieve any water quality standards
applicable to such waters. These requiremcnts should be specifcally applicable to the
particular water quality problem.
Monitoring should be sched~iled for these waters to verify thaf the water quality standards
are attained as expeeted.
Thcre are nine waterbodies identified for placement in Catego~y 4b.
Category 4c - Impairment is not Caused by a Pollutant
Waterbodies are placed in this categoiy if the impair~roent is not caused by a pollutant
affecting water quality, e.~., deg~raded riparian habitat.
These waterbodies should be considered for ~nonitoring to confirm no pollutant-caused
impairment is prescnt a~1d to suppo~-~ water quality management actions necessaiy to
address the cause(s) of the impairment.
There are no Category 4c waterbodies ideutified, however Alaska's resource agencics will
utilize this category in the Puture to traclc waterbodies with non-pollutant in~}~airments.
14
2006 draft Integrate~d Repo~i 1031 ver 6(2} l l Ii/20Q6
2. Categories, Assessmenf Mefhodology and Resulfs
Criteria Used to Classify a Waterbady as Gategory 4
• Category 4a. The key criterion for this categ~ory is a completed and appeoved TMDL.
• Category 4b. "Ott~er pollution controls" are required if the controls and assurances are
suflieieiltly stringent that tl~e waterbody is expeeted to meet standards in a reasonable
time period. Examples of other pollution controls include:
- An approved state or federal Record of Decision (ROB) associaYed with a state or
federally approved contaminated site cleat~up action;
- A permitted facility, such as a lo~ transfer facility, with an approved remediatioi~
plan and repoefing moee fl~ao 1~.5 acres of continuous residue coverage;
~- NPDES-permiCfeil facilities wifl~ TMDL-type controls incorporated into tl~e perinit;
- A water-qualiry based permit with aonri•ols ar assurances that water quality goals
will be met: or ~
- Restoration, remediation, or recovery n7easures or plans with controls and
assurances tllat are sufficiently stringent fo assuee that water qua(ity goals witl be
attained within a reasonable time period.
Key factors chat must be considered before placing a waterbody in CaCegory 4b are as
follows:
- the need for pollution controls oc measures;
- wl3ether requirensents and controls are sufficienYly sh-i~~gent that standards can be
expected to be met in a reasonable time period; and
- assurances tl~at tl~e require~~~ents and co~~trols will be implemented in a reasonable
time period.
Determining whether Yo piace a waterbody iu Categoiy 4b reqaires tf~e application af best
professional judgment and ageucy enforcement discreCioi~. This ulcludes discussion and
analysis of a variety of factors, including pollufailt el~aracteristics (~For instance,
consideiation of tl~e magnitude, frequency, and duratiou of the pollutioi~ event(s)}, poltutant
sources, size of the waterbody, the sh~ingency of the requirements or assurances, and the
degree ofrecovery response required.
Waterbodies associated with residue discharges also would be placed in Category 4b iftwo
or more dive survey re~oi~ts'From log Cransfer faei)ities documentthcre are more than 1.5
acres of eontinuous residues coverage and there is an ap}~roved remediatiou plan under the
Log Transfer Facility Genera( Permit or imder an individual stafe wastewater discharge
permit (see the section below on Rcmediation Plans). Waterbodies that are under EPA
compliance orders for seafood residue violations may also be considered for piacement in
Category Ab if compliance with fhe order ensw•es that tl~e waY~er will aLt~aii~ the residues
water quality standard in a reasonable time period.
]5
2006 drafr lntegrated Report 10.31 ver 6(2~ 11/1/2006
2. Cafegories, Assessment Methodology and Results
• Category 4a Currei~tly there are no specific criteria or standards adopted by Alaska by
which to identify any non-water quality related iinpairments. Alaslca Clean Water
Actions }~riority rankin~ns identify priority aquatic habitat or water quantity waters for
action, but these waters are not referred to as impaired.
Categary 5- Impaired VtFaterboc6ies Section 303(d) Listed
Waterbodies are placed in Categoiy 5 if the water quality standard(s) are i~ot attained, i.e.,
the waterbody is impaired for oue or more designated uses by a polluYant(s) and reGuires a
TMDL or waterbody recoveiy plan to attain Alasl<a's water quality standards (7 A AAC 70).
There are 34 waterUodies identificd for placement in Catego~y 5 and Section 303(d) listed
as im}~aired.
O~rervie~r of the ,~pprcaach ~r~d ~rit~ria for Ir~paired
Waterbodies
This categoiy constitates the Clean Water Act Sectiou 303(d) list of~waters impaired by a
pollutant(s) for which one or more TMDLs are needed. A waterbody is listed in~, this
eaPegory if it is determined, in accordance with Alaska's assessment a~~d listing
metl~odology, that a pollufant has caused impairment. According to Section 303(d) of Lhe
federal Clean Water Acf and EPA's implementing regula2ions, Section 303(d)-designated
waters include impaired sti~rface waters that do not orarenot anticipated to meet applicablc
water quality standards solely through the i»~plemenYation of existing technology-based or
similar controls. In Alaska, these waterbodies ~re priority-ra~~l<ed based on the severiry of
t11e poltution, the feasibility of implementi~~g a waterbody recovery plan, and other factors.
The development of a TMDL or equivalent w~terbody recovery plan for Chese waterbodies
is scheduled eight to thirteei~ years into the future from the fime they are fiist listed in
Section 303(d) ~
Impaired wateebodies are surface waters with documentation of aetull or imminent
persistent exceedances c~f watee quality criteria, and/or adverse impacts to designatcd uses,
as defined in the state's water quality staudards. DesignaYion of a waterbody as "inlpaired"
does »ot necessarily indicate that the entire waterbody is affected. ln most cases only a
segment of the waterbody is affeeted,
When possible, the assessment process identifes the s}~eeific seginent tl~at is impaired and
Yhe correspoi~ding pollufant parameters of concern.
The term "persistent" is key to determining if a surface waterbody is impaired.
Determining "persistenP' exceeda~~ees of water quality standards is a waterbody-specific
decision Lhat requires fhe app(ication of best professional judgment. This i~~cludes
discussion and anaVysis of a varicty of factors, including }~ollutant cllaracteristics (for
16
2006 draft Integraeed Re~ort 70-3I ver 6(2)- 1 I/IY3006
2. Categories, Assessmenf Mefihodology and t2esutts
instance, consideration of tl~e magnitud~, fi•equency, and duration of tl~e potlution eveilt(s));
pollutant sources; size of the waterbody; and tlle degree of remediation response rcquired.
D~C makes i~~lpairment defcrminations based on credible da~ta. "Creciible data" means
scientifically valid chemical, }~hysical, or biological maiitoring data collected under a
scientifical(y acce~ted samplii~g and analysis plan, including quality control and qualrty
assurai~ce procedures ChaY are consistent with Alaska's water quality standards in 18 AAC
70. Generally, water quality data and inf~nnafion Yhat ]ess than five years is preferred and
is considered "credible." In certain ii~stai~ces, data a~~d infarmation over five years old i~~ay
be considered in an impairinent deterinination only if it is carefully scrutinized, reviewed,
and validated as credible.
BEC uses fhe followin~ ~uidelines to determine if a waterbody is impaired:
]. Water quality monitoring data that documei~YS persistenf exceedances of a criterioi~
or criteria esfablished in Alasl<a's water quatity sta~~dards (18 AAC 70);
2. Issuance of a»otice of violation or other enforceinent action defii~itively linked to a
persistent water quality violation that does not result ii~ adequate corrective
measures;
3. Photographs or videos with appropriate documentatiou definitive.(y linlced to
persistent exceedances of water quality standards;
4. Documented persistent presence of residues (~Floating solids, debris, sludge,
deposits, foam, seum) on or in the water, on the bottom, or on adjoining shorelines;
5. Doc~unentation such as a report or study witfiin tl~e last five years that coneludes
designated uses are adversety affected by pollutant conditions; or
6. Documentation from a resource agency or other credible source where the use of
best professional judgment is applied to~credible data. Best professioi~al judginent is
used to determine if a waterbody }~ersistenfly exceeds water quality standards or l~as
desidi~ated uses that are adversely affectecl by pollutant sources.
Best professioi~al judgment deteiminations shoutd preferably be rnade by more than one
professiona( and at the agency level; musti be inade by a professional lcnowledgeable in the
relevant field of ex}~ertise and generally be based on thaL person's experience and al( the
in~formation reasonably available at the time; should be based on the best available
scientific data and ii~formatio~~; must be subject to management level review.
Best professional juclgment recommendations firom oufside the department must be
a~nned by DGC and available data and basis 'for the decision sl~ould be documented.
Alaska's proccss for `listing" an individual waterbody to Section 303(d) designation~ begins
witt~ au internal review of existii~g and new i»fonnation for ACWA nominated waters or
17
2006 draft Integrated ReporC 10-31 ver 6(2)- ; 7/1 /2006
2. Categories, Assessmenf Methodology and ResuFts
former "open files." Waters may be brought to the attention of DEC by de}~artmei~f staff,
other state and federal agencies, municipalities, Native organi~ations and tribes, industry,
and tl~e concerned public. Iu the developmeut of the Integrafed Report DEC solicits the
public for existing and readily available water quality data and '[nformaLion.
DEC staff initially evaluate available infortnation abouf a waCerbody to determine the
presence of pollutauTS and/or persistent exceedances of water quality standards or impacts
to the designated uses and the degree to which water quality standards are attained. This
process constitutes a DEC desk audit and may involve a prelinlinary field review and the
collection of water quality monitoring data and sl~ould result in one of the following:
^ Credible data and in~formation indieates that tl~e waterbody n~ay be impaired and
tl~at existing controls may be i~~adequate to attain or maintain standards iu a
reasonable Cime period. The watei°body is plaoed on the Category 5 Section 303(d)
waterbody list. Where needed, Section 303(d) waYerbodies are scheduled for
cou~prel~ensive water quality assessments.
a G•edible data and infonnation indicates that the waterbody may be im}~aired and
that existin~ controls are a~dequaYe to attain or maintaii~ ~standards in a reasonable
time }~eriod. The waterbody is placed on the Category 4b waterbody list. Categoiy
4b waters are tracked aud uionitored until standards are aehieved.
^ Credible data and in~formaYion o~~ a waterbody indicates the waterbody is not
impaired. 1"I~e waterbody is }~laced on the Categoiy l, 2, or 3 waterbody lists.
Categoiy 1, 2, and 3 waters require no fw-ther actio~i but may be reconsidered at any
time.
Some Section 303(d) designatcd waters have not undergone coi~ipreh~nsive water quality
assessments to detcrmine either the extent of water quality impaii~nent or whefher existing
co~~trols are adequate to achieve the standards. DEC closely scrutinizes waterbodies to
determine if suspeeted water quality violations were Cl~oroughly investigated and
documented. This a}~~~roach is designed to prevent the listing of waterbodies with
incoi~clusive or circumstantial data and/or observations alone.
A completed water quality assessment of a Category 5 Secfion 303(d) waterbody confinns
the extent of in~~airnlent to water qualiry and/or designaYed uses. A com}~rehensive
assessment requires the idcntifGCation of the pollution source and pollutant causii~g tl~e
impairment and should result in one of the following:
^ The assessment indicates the waterbody is im}~aired and that existing eonteois are
inadequate to aehieve water quality standards in a reason~ble ti~ne period. Category
5 Seetion 303(d) waterbodies require a TMDL or equivalent waterbody recovery
plan.
18
2006 draft Integrated Report I O-31 ver 6(2)- I I/U2006
2. Categories, Assessment Methodology and Results
^ The assessment indicates the waterbody is impaired but confinns existing coutrols
are adequate to achieve standards in a reasonable time period. The waterbody is
placed on the Category 4b list. ~
^ The assessment indicates that the waterbody is not impaired. Tl~e waterbody is
piaced in Category 1, 2, or 3.
^ Section 303(d) listed waYerbodies are eurre~~tly seheduled ~for TMDL development
or waterbody recovery }~lan, ~~ow a~~d out eo year 2011. The TMDL schedule ai~d
the critecia for developing the schedule can be found in Appendix C.
~pecific Cc~n~idera#ions for ViOat~rs~ Impaired by
F~esidues and Perrnif~~d Zones of Deposit
NOTE: This sectioii on speci6c considerations for waters im~aired by residues anci
permitted zones of deposit musY be read in conjunction with Appendix G in d~is ReporY
(i.e., Alaslca's InteypretaLion of the Residi~es Criterion with Alaska's Water Quali~ry
Sta~adards (I S AAC 70) Regarding AtCai~ame~at and In~pairrnent Deter^na~i~aatiorts). Also, this
sectioi~ seeks to illustrate that seafood processing facilities ai~d log teansfer facilities in
Alaska are typically issued "zones of deposits" (also la~owu as ZODs) in such a facility's
permit for the residues discharges. Seafood processing faciliYies are generally issued a one
acre ZOD and log transfer faciliY~ies are issued a"project area" ZOll. Additionally, it is
importanf to recognize that execedance of a 70D is not equivalent to impainnenY, but
rather, exceedance of~ 1.5 am-es of coi~tinuous residues coverage is the impairment standard.
Tl~e current definition of a project area-wide zone of de~osit in the General Permit for Log
Transfer F'acilities retains the I.0-acre coi~tinuous coverage threshold and does noC affect
pre-existiug impairmeilt decisions for waYerbodies associated witl~ log h~ai2sfer facilities. In
other words, I~FC is noL proposing to re-caTegorize all waterbodies previously detennined
to be i~npaired ~firom residues associated witl~ log transfer facilities simply because the size
of the zone of deposit has been expanded to uow authorize bark deposition over a greater
area.
Dive survey ~~rotocols a~~d reporting must be in accordance witl~ fhe require~nents contaiiled
in tl~e a~propriate permits for wateebodies associated with log transfer facilities or seafood
processing.
If DEC has received a Notification or Notice of Inteut to Operatc under a General Permit
fi•om a facility, DEC will make its cate~orizatio~~ decisioi~ after evaluating the sufficiei~cy
ai~d credibility ofthe dive survey data on file.
Zones of deposit for dischargers ai'residues to the marine environmenf in Alaska have a
recognized hisYo~y ai~d are gea~erally accepted. Tl~e~ hearing officer findings, for instauce,
from the log trausfer Facility adjudication of the DEC-proposed 401 certifications of the
two federal General Permits found thaY Yhe dischaige of bark aild wood debiis sited and
19
2006 draft ]nte6~rated Report 10-31 ver 6(2)- 17/1/2006
2. Categories, Assessment Methoc0ofogy arsd Resutts
~em~ving (De-l~~fiir~g) NVaterE~od~~s frca~rr the
~~~~gor~ 5/Section 303(d) Lis#
Although a waterbody has been placed on the Secfion 303(d) list, there are a ~~un~ber of
instances under w{lich a waterbody may be reinoved fi•om the Section 303(d) list:
^ More recent and accurate data shows tl~e water quality sYandards are being attaineci;
e Applicable water quafity standard(s) are attained;
~ Flaws in the origii~al analysis that led to the c~riginal listing or listed area l~ave been
detectec9;
^ New procedures or revised listing criteria negate tl~e criteria for listing;:
^ The water quafity standard for which the waterbody was tisted'has been revised and
the water does not meet the criteria for listing;
a Sufficie~~tly strirlgent requireme~~ts s~~cl~ as incorporatio« of TMDI.-tyl~e controls
into the NPDES pennit or coutrols such as those applied by a cleanup or
remediation plan witl~ assurance that the water quality standard(s) wiil be met
within a reasonable time period have beeu ap}~lied;
m A 7'MDL or equivalent waterbody plvl has been developed; or
e"Othcr pollution conhrols" tl~at assure wafer quality standards are attained a~-~
developed in a reasonable time period (as described for Category 4b waterbodies).
The followi~~g conditions support a detei2nination to remove a water from thc C~te~ory
5/Section 303(d) list:
m There is a deroonstration of"good cause," i.e., an ex~~Ianation oPwhy, or on what
basis, tl~e water was originally ]isted and why i2 is now appropriate to remove the
listed water or redefine tl~e lisfed area.
^ An administrative record and documentation supporting tlle recommended
determinatioi~ (in some instances such as the need for public discussion or notice
over a de-listing detennination) is needed.
^ A public notice of the pro}~osed de-listing is publisl~ed and public con~ment is
sougl~t. Typically the Integiated Report acts as the vehicle for public noticing a~~d
commei~t. In speeial instances, a public meeting could be held in the community
closest to the waterbody iu question.
23
2006 dra8lnYegrated Reporc 10-31 ver 6(2} 11/12006
2. Cafegories, Rssessment MetFtodology and ResulEs
v Wl~en considering a deten~~ination to remove a waterbody from the Section 303(d)
IisC, the level of data to support a deterrnination and burden of proo~F shail be no
greater than was used in tl7e initial listing deCermination. Such a determii~ation is
subject to approval by the EPA.
Removal of Waterbodies from the Category 5/Section 303(d) List Determined
fo be Impaired from Residues
The following protocols will be applied to all waterbodies associated with a pennitted
facility and Category 5/Section 303(d) listed Por residues regardless of a~1 active discharge
ou-site.
For waterbodies Section 303(d) listed after 1998 vid determi~~ed to be i~npaired for
residues based upon two or more dive surveys:
DGC will require two consecutive dive surveys docwl~enting that continuous
residues coverage is no more than 1.5 acres before the waterbody is eligible for
removal from Cafegory 5/Section 303(d) list and for placement in either Category
or 2.
• For waterbodies Section 303(d) listed in 1998 or earlier (based on l.0 acre) and
detcrmined to be impaired far residues based u~on one dive sun~ey oe best }~rofessioual
judg~nent:
DEC will require one dive survey doeumenting L1~aC eontinuous residues
coverage is no more tllan 1.0 acre befbre the waterbody is eli~ible for
re~~~oval from Categoiy 5/Section 303(d) list and placement in Category I or
2.
24
2006 dra4t lnYegrated Report 10-3I ver 6(2r 1 I 1V200C
A. Water(sody Categories 2 through 5
~~~~'r~~ F..~,~~~;~Y ~"~
i ~_ ~ ~ ~ a ~_~ ~ P"'~ ~
~ ,
~~~ ~ ~a+;'~ ?:~~~@:~~~ ,~~ a:: ~~~~ ~~."~a ~
~. ~
r.~?K°~n~~°e=~ ~
:~=
The following appendices describe the waterbodies that I~ave been placed in Categories 2
through 5. No waterbodies ii~ Alaslca have been identified as Category 1 because the state
does not possess that level of information for a2~y one waterbody.
To more easily sort a~~c1 find wate~-bodies wiCl~iu fl~e appendiees, each waterbody is associated wit11
one o'f three geneial regions in Alas(<a - SouYheast SouYhcentral, or the Interior. Within each category
waterbodies are organiced by region wid~ [nterior wateis first, followed by SoLrthcentral, and
Southeastwaters.
Unless otherwise stated ii~ the nanative associated with a waterbody in one of the categories there has
been no detennination made on the effecis to any designateti use(s) for tl~aY waterb~dy.
The following abbreviations or uotaYions are used consistently in Lhe appendices:
~ The "Region" column indicates in whicl~ general region of Alaslca the waterbody is
located. Waterbodies that are identified as "IN" are located in Interior Alaslca; "SC"
waterbodies are located in South-cenn•al Alasl<a; and "SE" indieates Soutl~east
Alaslca wat~rbodies.
^ The "Category"/"ACWA Priority" column identifies which waterbody cate~ory the
waterbody is ii~ and the Alaska Clean Water Actioi~s ("ACWA") priority ranlc for
action for tl~e waterbody. Not all waters have been ACWA-priority ranlced and in
such instances the water is shown as "NR," i.e., not ranked.
^ The "AI{ ID Ntiunber" column iS the Alaska waterbody-specifc identification
number, stiich as "20402-409." The first five numbers represenY the USGS
I~ydrologic (cata]og) unit in which the waterbody is loaated. The last three numbers
identify the type c~f waterbody: -001 nwnbers are eiveis, creel<s, or streams; -<100
are Ialces; -500 are bays (i.e., marine waters); -600 are estuaries; -~00 are
wetlands; a~~d -800 are coastal waters (i.e., coastline).
e The "Waterbody" cotumn is tl~e name of the waterbody.
^ The "Location" describes the area or provides locatioi~ information to clarify where
the waYerbody is located. ~
^ Tl~e "Area of Concern"' colurnn describes t(1e specific area of Yhe waterbody that is
considered. "N/A" in the "Area of Concern"' colmnn means either "not applicable"
or "not available."
ZS
2006 ~'raft Integrated Report 10.31 ver 6(2)- I U1f2006
A. Waterbody Cafegories 2 through 5
77~e "Water Quality Standard" column identifies the water quality standard as found
in ] 8 AAC 70 that is being measured. This colwnn also idenYifies the water quality
standard(s} not attaincd in the waterbody if tlie water is a Clcan W ater Act Section
3Q3(d) listed (Categoiy 5) waterbody.
The "Follutant Paramelers' column identifies the poll~itant(s) for whieh the
waterbody is impaired or, for non-impaired waterbodies, the specific }~ollutai~t(s) of
concei•n. For instance, a wateebody could be Section 303(d) lisfed as im~~aired for
the "Residues" standard from the specifie pollu~v7C parameter of barlt and woody
debris. ~
e The "~ollutvit Sources"' column idei~tifies the source(s) of tl~e pollutanf(s).
26
2006 drnR Integrated Report t0.3i ver 6(2} 1 V IY2006
A. Waterbody Categories 2 through 5
Category 5/Section 303(d)~Listed Waterbodies '~~,
Alaska's 2006 I~
Integrafed WaYer Oualifv Moniforin~ :uid Assessment Report I
Category 5 Waterbodles - Impaired by pollutant(s) for one or roore designated uses and requiring a TMDL CWA Section
303(d) Listed
Cateeo~v
Adaska ~ i
Reg ~ AC6VA ID ~ I flrea~ o WaterOualiCV ~ Pol(ulant Polluloatit I
io~i
i - Priori~ Number Waterbodv
- Locatton ~ Concern Standard ~ Parnmeters Bources ~
~ SC CaYegory 20302- Kenai River Kenai Slikok Petroleum ToYal Aromatic Motorized .
5 Seetion 005 (lower) Creek Hydrocarbons Aydroearbons Watercraft
I~ 303(d) (river (TAF~
~ listed mile i
~ ACWA: 19.0) to ~
~ Medi~m i ~ the
~ mouth
~ RM 0.0
Beginning in 2000 and continuing through 2006, DEC received water quality daYa fhat showed excursions of our petroleum
hydrocarbon sfandard for total acomatic hydrocarbons (TAH) during f}ie monLh of July. Exeeedances in early 7uly have noY been
seen, chere is limited dafa for that time period and it is suspected thaY exceedances could occur as early as July 1st based on: fhe
- arrival oPUte second run of king salmon, altowed fishing methods, potential for high fishing pressure over Che 7uly 4th weekend, ,.
low water IeveLs, and the potential for high numbers of motorboats on the river. A watec gualiry study eonducced by DEC in 2003 '~~..
conf rmed the source of the pet~roleum hydrocarbon pollution was from rootorboats. Sampling also indicated no petroleu~~ was ~'~
detected i~ the river in May, low levels in June, exeeedances i» 7uly, Low levels in AugusC (eady) ai~d no contamination in
Septembec The Kenai Watershed Forum has provided DEC with wafer quality data collecCed semi-a~mually on tl~e main stem of
the Kenai River from Kenai Lake to the mouth. Sampling has oceuned in April and .iuly of each yeaz from 2000 thru 2006. No ~~~
petroleum hydrocarbon contaminaCion has been deCected in the river in April, exceedances of stat~e TAH standards were found
~ each July in Uie lower river. DEC has noY received the KWP July 2006 data yet, however preliminary daYa ~from The Kenaitze
( Tribe collected in 7u(y 2006 shows hydrocarbon exceedances of 20 µg/l, the largest exeeedance to date. Doeomented
exceeda~~ces of tl~e petroleum hydrocacbon water qualiTy standard during the month of JuLy requires that the I,owec Kenai River
be laced on tlie Section 303(d) list (C~ate o 5) as im aired in the 2006 Re orY.
SC Category 20402- Matanuska ~ Palmer %: mile Residues De6ris Landfllt I
; 5 Section 001 1 River j ~ ~
303(d) ( ~ '.
Iisted '
~ '
ACWA:
Hi h
~ This segu~ent of the Matanuska River was plaeed on the 2002/2003 Section 303(d) lisL for non-attainmei~t of fhe Residues
: standacd for debris. Tl~ere is an active open dump located on and in the Matanuska Riverj~st ~~orth of Pagle Drive in Palmer.
Numerous derailed railroad cars are visible in the river and riparian area. The maio site of concem is the active dump. Visible !
contents of fhe dump af the time of fhe inspection were a minimum of 20 vehicles, household refuse a~id items, fuei cans, '~~~.
possible 55-gallo~ drums wifh nnknown conients, grass cuttings, and jusY overall scrap metal and other debris. Debris continues I
~ in the river and riparian area. upstxeam for approximately 1/2 mile. River cl~ailnels run through a~~d neat to the dwnp at ail times i
of fhe year. Visible sheens a~e also observed in the river. This open dump is not only an immediate threat to the sm-face wate~
ualit of the MaTanuska River, buf is within the Drinking WaTer ProtecCion Area for a minimum of fhree pubiic water systems. !
73
2006 draEY IntegraYed Report 10-31 ver 6(2j- I I/I /2006
E. CATEGORY 5/SECTION 303(d) LIST OF IMPAIRED WATEI2S
Alaska Water
ID Area of Quaiity Pollufant Pollutant
!~ Re ion Cate o Number Waterbod Locatiou Concern Standard Parameters Sources
~ SC
~ Category ' 20302- Kenai River Kenai Slikok ~ Petroleum Total AcomaCic Motorized
5 Section 005 (lower) Creek ( FIydrocarbons Hydrocarbons WaYereraft
303(d) (rivar (TAH)
, listed ~ ~ mile
~ ~ ~ ~ 19.0) to
~ ~ the
mouth
17 ( (RM
0.0
; Category ~
5 Section
303(d) 20402- Matanuska
' 18 SC listed 001 River Patmer '/ mile Residues Debris Landfill
Category
5 Section Easf
303(d) 30101- AleuCians ~ Seafood Waste Seafood
19 SC listed 502 Popof Strait Borough 5 mites Residues Residue Processor
, j Toxic & Other
~ Category Deleterious
5 Section Red Lake Organic and
303(d) 30102- Anton Road Inorga~iic Urban
20 SC listed ~ 409 Ponds Kodiak 2,0 acres Substances Metals Runoff
Leaking
i Category SY. Paul Above ~
5 Secfion Harbor, Petcoleum G[ound
303(d) 30104- SaintPaul StPaul ~ Hydrocarbons, Petroleum Storage
21 SC (isted 601 Istand Lagoon Island 0.23 acre Oit & Grease Products Tanks
Ship Creek I7 miles,
Glenn
!
~ Category Glenn Hwy. Hwy.
~ 5 Section Bridge. Bridge. Petroleum
r
303(d)
20401-
Downto
Dow~to
Hydrocarbons,
Petroleum
Urbao
; 22 ; SC listed 020 MouTh Anchorage ; Mouth Oil & Grease I Products Runoff
13 acres
of
mazine
( bottom
~ adjacent
Category ~ Yfainland, to the
i ~ 5 Section SE ]og
303(d) 10201- Stephens , transfer Bark & Woody Log hansfer
23 SE listed 801 HobaztBay Passage facitiry Residues Debris facility
91
2006 dreRlnCegrated Report 1031 ver 6(2)- I UI/2006
.-. ~ __
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2006-65
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
TRANSFERRING $15,533 IN THE AIRPORT TERMINAL MODIFICATION CAPITAL
PROJECT FUND FOR ADDITIONAL ENGINEERING SERVICES.
WHEREAS, additional engineering was needed due to project change orders; and,
WHEREAS, the project is near completion; and,
WHEREAS, money is available for transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the following budget transfers be made:
Airport Terminal Modification Capital Proiect Fund
From: Construction $12,712
Administration 2 821
15 533
To: Engineering
15 533
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 215L day of
November 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:~
(11/16/2006)hl
F-i
AGENDA
KENAI CITY COUNCIL - REGUI.AR MEETYNG
NOVEMBER 1, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAM~ERS
http: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
l. 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)
Maya Johnson -- Request for Funding/Attend 4-H National Congress
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC FiEARINGS
Ordinance No. 2194-2006 -- Authorizing the Sale of Approximately
14.784 Acres at Lot A, Baron Park Subdivision, 2006 Replat in the City
of Kenai, Alaska and Setting Forth the Price and Other Terms and
Conditions of Sale.
2. Ordinance No. 2195-2006 -- Amending the Kenai Municipal Code at
KMC 14.22A10 (Land Use Tabie) and 14.20.320 to Provide for
Residential Development of Up to Seven or More Family Dwellings as a
Secondary Use in the Central Mixed Use Zone and Providing for a
Definition of "Seeondary Use."
3. Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting
Mobile Home Standards for Mobile Home Parks Within the City of Kenai.
4. Resolution No. 2006-58 -- Adopting an Alternative Allocation Method
for the FY07 Shared Fisheries Business T~ Program and Certifying that
this Allocation Method Fairly Represents the Distribution of Significant
Effects of Fisheries Business Activity in Cook Inlet.
5. Resolution No. 2006-59 - Adopting the City of Kenai Capital
Improvements Plan Priority List Fiscal Year 200~-2012 as the Official
Si~c-Year Capital Improvements Plan for the City of Kenai.
6. Resolution No. 200F:-60 -- Canceling the Existing McCollum/Aliak
Drives I.oca1 Improvement District and Initiating a New I.ocal
Improvement District Entitled, "McCollum-Aliak-Japonski Local
Improvement District."
ITEM F: MINUTES
*Regular Meeting of October 17, 2006.
ITEM G:
ITEM H: NEW BUSINE6S
Bi11s to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC
3.05.100 to Provide Dog Licenses are Effective for Three Years and
Setting the License Fees.
4. *Ordinance No. 2198-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professional Services.
5. *Ordinance No. 2199-2006 - Increasing Estimated Revemies and
Appropriations by $16,400 in the General F~znd for a Homeland Security
Grant.
6. *Ordinance No. 2200-2006 - Repealing the E~sting Title 22 of the
Kenai Municipal Code and Replacing it Wit a New'I7tie 22 Entitled,
"General Fund Lands."
7. ELECTION OF VICE MAYOR
8. Discussion - Assignment of Coxnmission/Conunittee Liaisons
9. Discussion -- Reschedule July 4, 2007 Council Meeting
ITEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Couunission
3. Harbor Comnussion
4. Library Coxmiiission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Con~rnissions and Corrunittees
a. Beautification Committee
b. Alaska Municipal League Report
ITEM J: REPORT OF TEiE MAYOR
ITEM K: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
l. Citizens (five minutes)
2. Council
-- None Scheduled
ITEM M: ADJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETTNG
NOVEMBER 1, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www.ci.kenai.ak.us
MAYOR PAT PORTER, PRESIDING
MINUTES
ITEM A: CALL TO ORDER
Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council
Chambers in the Kenai City Hail Building.
A-1. PLEDGE OF ALLEGIANCE
Mayor Porter led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
The City Clerk took roll. Present were:
Barry Eldrid~e (Telephonically) Rick Ross Robert J. Molloy
Mike Boyle (Telephonically) Pat Porter, Mayor Joe Moore, Vice Mayor
Linda Swarner ~
A quorum was present.
Also present: Adam DeMello, Student Representative
A-3. AGENDA APPROVAL
Mayor Porler requested the following amendments to the agenda:
ADD TO: E-I, Ordinanee No. 2194-2006 -- L.owe's of Kenai, Drawings
ADD TO: E-3, Ordinanee No. 2196-2006 -- Letter from Dorothy Wilhelm,
d/b/a Anchor Trailer Court.
ADD TO: H-2, Purchase Oaders Over $15,000 -- List
REMOVE FROM
TI-IE AGENDA: H-5, Ordinance No. 2199-2006
ADD TO: Information Item 8- Additional information regarding the
PRISM, Props Condition Survey.
KENAI CITY COUNCIL MEETING
NOVEMBER l, 2006
PAGE 2
MOTION:
Council Member Molioy MOVED for approval of the agenda and requested
UNANIMOUS CONSENT. Council Meinber Ross SECONDED the motion. There were
no objections. SO ORDERED.
A-4. CONSENT AGENDA
MOTION:
Council Member Moore MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There
were no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS
B-1. Maya Johnson -- Request for N unding/Attend 4-H National Congress
Maya Johnson, 39185 Dori Lynn Street, Kenai, AK and Kara Bethune, 48365 Lake
Meadow, Kenai, AK, explained they and Jessica Bowling (not present) would be
attending the 4-H Nationai Congress in Atlanta, Georgia over the Thanksgiving Holiday
and distributed information related to their trip. Through the Congress, they will
compare oiher State's programs to Alaska's program and learn how to improve
Alaska's program from that comparison. Johnson and Bethune requested a donation
from Council toward their trip expenses.
MOTION:
Council Member Ross MOVED to approve a donation of $250 per individual for the
three individuais to attend the 4-H National Congress in Atlanta, Georgia; that the
individuals wili make a report to Council upon their return; and, the individuals will
work for the City for this funding. Ross requested UNANIMOUS CONSENT. Council
Member Swarner SECONDED the motion. There were no objections. SO ORDERED.
ITEM C: UNSCHEDULED PUBLIC COMMENTS
C-1. Kathy Heus, Library Commission -- Ms. Heus gave her address as
4540 Kenaitze Court, Kenai and explained the Library Corrunission passed a motion to
request Council to research possible locations for a new site far the library at its last
meeting. In addition, the Friends of the Library support the Commission's request.
C-2. Lazry Porter, Challenger Learning Center - Mr. Porter gave his
address as 310 Rogers Road, Kenai and thanked the City for supporting the Center
the last six months with paying the natural gas and electricity bills.
KENAI CITY COUNCIL MEETING
NOVEMBER l, 2006
PAGE 3
G3. James Butler -- Mr. Bufler gave his address as 171 I Kaknu, Kenai. Mr.
Butler relayed to the Council infoimation related to a Denali Commission grant that
might be appropriate for the Council to apply for and use to improve beach access at
the end of Spruce Street.
City Manager Koch responded that he has received and reviewed the information to
which Butler referred and would prepare an application for CounciPs review by the
end of the month.
C-4. Maya Renken, Disector Kenai Convention & Visitors Bureau -- Ms.
Renken gave her address as 114~1 Kenai Spur Highway, Kenai and reported the
Captain Cook journals would be on display in January at the Center; the
refurbishment of the vessels was completed; they plan to build a shelter for them in
the coming year; and, the pumpkin carving held on Saturday, 10/28/06, was very
successful.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
- None.
ITEM E: PUBLIC IiEARING5
E-1. Ordinance No. 2I94-2006 -- Authorizing tlie Sale of Appro~mately
14.784 Acres at Lot A, Baron Park Subdivision, 2006 Replat in the City
of Kenai, Alaska and Setting Forth the Price and Other'I'erms and
Conditions of Sale.
MOTION:
Council Member Ross MOVED for adoption of Ordinance No. 2194-2006 and Council
Member Moore SECONDED the motion.
Bart Fiollander, Lowe's, Carlsbad, CA - Mr. Hollander reported I,owe's is excited For
the opportunity to serve the community; the closing on the land is expected to be in
January; submission of plans and building permits would be in early spring;
construction would begin in April; and, it was hoped the store would be opened before
Thanksgiving 2007.
Rick Baldwin, KEDS Chairman - Mr. Baldwin gave his address as 3080 Kim-N-Ang,
Kenai and stated he felt the land sale was a beneficial use of the City's assets and was
in support of Ordinance No. 2194.2006.
Council Member Moore noted, after reading all the materiai, he felt very comfortable
with the transaclion. Moore appreciated Section 11 and complimented Administr-ation
on this clause.
T~OTE:
KENAI CITY COUNCIL MEETING
NOVEMBER l, 2006
PAGE 4
*Student Representative DeMello: Yes
Eldrid e Yes Ross Yes Molio Yes
Bo le Yes Porter Yes Moore Yes
Swarner Yes ~
MOTION PASSED UNAI~TIMOUSLY.
BREAK TAKEN: 7:43 P.M. (Council Member Ross left the meeting.j
BACK TO ORDER: 7:50 P.M.
E-2. Ordinance No. 2195-2006 - Amending the Kenai Municipal Code at
KMC 14.22.010 (Land Use Table) and 14.20.320 to Provide for
Residential Development of Up to Seven or More Family Dwellings as a
Secondary Use in the Central MiYed Use Zone and Providing for a
Definition of "Secondary lise."
MOTION:
Council Member Moore MOVED to adopt Ordinance No. 2195-2006. Council Member
iViolloy SECONDED the motion.
There were no public comments. Discussion Uy Council included:
• An explanation of the amendment, i.e. to allow construction o a building
with commercial business on the ground floor and condominium units above.
An explanalion of the code's site plan requirements.
VOTE:
*Student Representative DeMello: Yes
~ldrid~e Yes Ross Yes Molloy Yes
Boyle __ Yes
- Porter
- Yes
-- Moore Yes
~ Swarner ~ Yes ( ~
i ~
MOTION PASSED UNANIMOUSLY.
E-3. Ordinance No. 2196-2006 - Amending KMC 14.20.240(c) Uy Adopting
Mobile Home Standards for Mobile Home Parks Within the City of Kenai.
MOTION:
Council Member Moore MOVED for adoption of Ordinance No. 2196-2006. Council
Member Molloy SECONDED the motion.
KENAI CITY COUNCIL MEETING
NOVEMBER 1, 2006
PAGE 5
Public comments included the following
Geoff M. Graves, 5360 King Salmon Dr., Kenai -- Mr. Graves discussed the heaith
and sanitation issues with the trailer park he drives through going to his home. He
also mentioned his concern with children living in unsafe conditions.
Kurt Rogers, 5335 King Salmon Dr., Kenai -- Mr: Rogers discussed the trash and
debris throughout the trailer court he passes through on the way to his home.
Roy E. Wright, 9135 Kaknu, Kenai -- Mr. Wright stated he owns a trailer court in
town; understood the concerns being discussed; and, requested to speak with
representatives of the City so he knows how he will be affected by the ordinance.
Greg Nichol, 1360 Chisek Street, Kenai -- Mr. Nichol expressed his concerns with
health and sanitation issues, the trash and debris throughout the trailer park he
passes through and how it attracts bears, and, stated he did not want anyone to lose a
home, but would like the park cleaned up.
Donna Lohrke, 5211 King Salmon Dr., Kenai -- Ms. Lohrke discussed the trash and
debris blowing into her yard and the great izumber of animal control issues she had
experienced over the years with animals leaving the trailer park and coming u~to her
fenced yard.
Don Zacharias, 1385 Muskrat Way, Kenai -- Mr. Zacharias stated owners of the
parks should maintain their parks and be held accountable just as property owners
within the City.
Debra Hibbert, 1385 Nighthawk, Kenai -- Ms. Hibbert stated as the owner of Alaska
Cab, she is required to have a conditional use permit with the City and felt the trailer
park owners should have to abide by the same rules and regulations.
City Clerk Freas read a letter from Dorothy Wilhem, d/b/a Anchor Trailer Park. In the
letter, Wilhelm noted concerns with the setback and lot sizes, as well as the need for
providing housing opportunities to low-income families. Wilhelm requested additional
time to review the ordinance as to how it would affect her business.
Council comments ineluded the following:
• It was clarified the ordinance would apply to new mobile homes being
moved into parks. The regulations would not apply to old mobile homes.
• Concerns expressed with costs associated with the new regulations and
how they would affect park owners.
• Concerns expressed related to DEC requirements and how they might be
written into the ordinance.
• Most of the concerns expressed by citizens present would not be
improved by the ord'u~ance as it is cunently un-itten.
KENAI CITY COUNCIL MEETING
NOVEMBER 1, 2006
PAGE 6
• Additional time should be considered to allow park owners to discuss the
issues with administration.
MOTION TO POSTPONE:
Council Member Moore MOVED to postpone passage of Ordinance No. 2196-2006
until the ne~;t meeting to give property owners time to consider their options. Council
Member Swamer SECONDED the motion.
VOTE:
*Student Representative DeMello: Yes
Eldrid e Yes Ross Yes Molio Yes
Bo le Yes Porter No Moore Yes
Swarner Yes
MOTION PASSED.
Mayor Porter noted she and Council Member Ross would be crafting an ordinance to
define debris and trash to better assist code enforcement efforts.
E-4. Resolution No. 2006-58 -- Adopting an Alternative Allocation Method
for the FY07 Shared Fisheries Business Tax Program and Certifying that
this Allocation Method Fairly Represents the Distribution of Significant
Effects of Fisheries Business Activity in Cook Inlet.
MOTION:
Council Member Swarner MOVED to adopt Resolution No. 2006-58 and requested
iTNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were
no objections. SO ORDERED.
E-5. Resolution No. 2006-59 - Adopting the City of Kenai Capital
Improvements Plan Priority List Fiscal Year 2007-2012 as the Officiai
Six-Year Capital Improvements Plan for the City of Kenai.
MOTION:
Councii Member Molloy MOVED to adopt Resolution 2006-59 and Council Member
Boyle SECONDED the motion.
MOTION TO AMEND:
KENAI CITY COUNCIL MEETING
NOVEMBER l, 2006
PAGE 7
Councii Member Boyle MOVED to move change the Senior Center Garage from
"Desirable° to "Necessary" on the Capital Improvement Plan Priority List. Council
Member Molloy SECONDED the motion.
Council and Administration comments included:
• The Senior Center Garage has been in consideration for some time and
should be changed on the list.
• There are more significant needs in other areas.
• Paving needs in Central Heights would cost appro~mately $1 million.
VOTE ON MOTION TO AMEND:
"Student Representative DeMello: No
Eldrid e No Ross No Mollo Yes
j Boyle Yes Porter No Moore Yes
~ Swarner No i ~ ~ ~
MOTION TO AMEND FAILED.
VOTE ON MAIN MOTION:
*Student Representative DeMella Yes
Eldrid e Yes Ross Yes Mollo Yes
i Boyle Yes Porter Yes Moore Yes
; Swarner Yes
MOTION PASSED UNArTIMOUSLY.
E-6. Resolution No. 2006-60 -- Canceling the Existing McCollum/Aliak
Drives Local Improvement District and Initiating a New Local
Improvement District Entitled, "McCollum-Aliak-Japonski Local
Improvement District."
MOTION:
Council Member Moore MOVED to adopt Resoluflon No. 2006-60 and requested
unanimous consent. Council Member Swarner SECONDED the motion.
City Manager Koch stated this LID had been in existence since 2003; the scope of
work had changed since that time; he would like to include property owners of
Japonski as part of the LID; he thought it appropriate to redo the LID; property
KENAI CITY COUNCIL MEETING
NOVEMBER l, 2006
PAGE 8
owners located on Japonski had recently been sent letters explaining the issue; and,
he had not yet received any responses from those individuals.
VOTE ON MOT%ON:
"Student Representative DeMello: Yes
Eldrid e Yes Ross Yes Molioy Yes
~ Boyle ~ Yes ~ Porter i Yes I Moore Yes
~ Swarner Yes '
MOTIpN PASSED UNANIMOUSLY.
ITEM F: MINUTES
F-l. Regular Meeting of October 17, 2006 -- Approved by consent agenda.
ITEIVI G: UNFINISHED BUSINESS -- None.
ITEM H: NEW BUSINESS
H-1. Bills to be Ratified
MOTION:
Council Member Molloy MOVED to ratify the biils and requested UNAIVYMOUS
CONSENT. Council Member Swarner SECONDED the motion. There were no
objections. SO ORDERED.
H-2. Approval of Purchase Orders Exceeding $15,000
MOTION:
Council Member Molloy MOVED to approve the purchase orders exceeding $15,000
and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the
motion. There were no objections. SO ORDERED.
H-3. Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC
3.05.100 to Provide Dog Licenses are EffecUve for Three Years and
Settin~ the License Fees.
Introduced by approval of consent agenda.
fi-4. Ordinanee No. 2198-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professionai Services.
I{~NAI CITY COUNCIL MEETING
NOVEMBER 1, 2006
PAGE 9
Ii-5. Ordinance No. 2199-2006 - Increasing Estimated Revenues and
Appropriations by $16,400 in the General Fund for a Homeland Security
Grant.
Removed From the agenda.
H-6. Ordinance No. 2200-2006 -- Repealing the ~~sting Title 22 of the Kenai
Municipal Code and Replacing it With a New Title 22 Entitled, "Generai
Fund Lands."
Introduced hy approval of consent agenda.
H-7. ELECTION OF VICE MAYOR
Council Member Swarner nominated Joe Moore as Vice Mayor. Council MemUer
Boyle nominated Council Member Molloy as Vice Mayor.
COUNCIL MEMBER NAME VOTE FOR MOORE VOTE FOR MOLLOY
Eldrid e X ,
Mollo X
Bo le X
Porter X
Moore X
Swarner X
Ross (No Vote - L.eft meetin
Councii Member Moore was elected as Vice Mayor.
fi-8. Discussson -- Assignment of Conunission/Comnuttee Liaisons
Porter reviewed the assignments as follows:
Commission/Committee/Boazd Liaison
Ai ort Commission Mollo
Plannin & Zonin Cormnission Ross, Mollo (Alternate)
LiUra Commission Swarner
Parks & Recreation Com.iiiission Moore
Harbor Commission ' None
Council on A in Bo le
Beautification Cominittee Swarner
Kenai Convention & Visitors Center Vacant '
Economic Develo ment District Eldrid e
CIRCAC John Dou las
Stranded Gas Ross
AML Swarner
KENAI CITY COUNCIL MEETING
NOV~MBER i, 2006
PAGE 10
MOTION:
Council Member Moore MOVED to approve the assignments as presented and
requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the
motion. There were no objections. SO ORDERED.
H-9. Dsscussion - Reschedule July 4, 200~ Council Meeting
MOTION:
Coui~cil Member Swarner MOVED to reschedule the July 4, 2007 Council Meeting to
July 3, 2007 and requested UNANIMOUS CONSENT. Council Member Moore
SECONDED the motion. There were no objections. SO ORDERED.
ITEM I: COMMISSION/COMMITTEE REPORTS
I-1. Council on Aging -- Council Member Boyle reported the November
meeting had been cancelled.
I-2. Airport Commission - Council Member Swarner noted the meeting
summary was induded in the packet.
I-3. I-Iazbor Commission -- Public Works Manager Korneiis stated the
Harbor Comnussion meeting was cancelled due to lack of agenda items.
I-4. Library Commission -- Council Member Molloy reported the Library
Commission would meet November 7.
I-5. Parks 8c Recreation Commission -- Parks & Recreation Director Frates
reported there was no Parks & Recreation Coiiunission scheduled for the month of
NovemUer as the Commission would be meeting bi-monthiy until spring.
I-6. Planning & Zoning Commission -- It was noted the minutes from last
meeting were included in the packet.
Porter referred to an application from Tony Lewis to be considered for appointment to
the Planrung & Zorung Commission. Porter recommended the appointment. There
were no objections from Council.
I-7. Misceilaneous Commissions and Committees
I-7a. Beauti~eation Committee -- Councll Member Swarner reported the
Committee would not meet again until January.
I-7b. Alaska Munieipal I.eague Report - Council Member Swarner reported
the AML annual conference would be held in November.
KENAI CITY COUNCIL MEETING
NOVEMBER 1, 2006
PAGE 12
• He is waiting for the State of Alaska to make their deternunations related
to health insurance benefits for same sex domestic partners.
K-3. City Clerk -- Cierk Freas reported she would be attending the Alaska
Association of Municipal Clerks conference and the Alaska Municipal League
conference the week of November 11-17.
ITEM L:
I.-1. Citizens -- None.
L-2. Council
Boyle - No comments.
Eldridge -- No conunents.
Moore -- Stated concern the costs for a bluff project were increasing and the
need to move the project forward.
Swarner - No comments.
DeMello -- Reported the Student Council was making efforts to be more aclive
in the community and reviewed activities planned to raise funds for donation to L,ove,
Inc., a Leukemia Penny Drive, and canned food collection.
Molloy -- Congratulated Eldridge and welcomed him to council.
-- None Scheduled
ITEM M: ADJOURNMENT
There being no further Uusiness before the Council, the meeting adjourned at
approximately 9:36 p.m.
Minutes submitted by:
Carol L. Freas, City Clerk
*The siudent may cast aduisory uotes on ait matters except those subject to executive
session discussion. Aduisory uotes shatl be cast~rior to the o„fficial council uote and
shall not a~fect the outcome of a uote. Aduisory uotes shatl be recorded in the minutes.
Student representatives may not moue or second items duiing a council meeting.
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Suggested by:
CITY OF KENAI
NO. 2201-2006
Al~i ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $638 IN THE
GENERAL FUND FOR A GRANT FROM THE RASMUSON FOUNDATION AI7I'S
AND CULTURE PROGRAMS.
WHEREAS, the Kenai Convention and Visitors Bureau was selected as host to
exhibit the All Alaska Juried Statewide Art Show in the central Kenai Peninsula
region; and,
WHEREAS, the Kenai Convention and Visitors Bureau, on behalf of the City of
Kenai, applied for a Harper Arts Touring Fund Grant from the Rasmuson
I'oundation Art and Culture Programs to subsidize the freight expenses
associated with mounting this e~ibit; and,
WHEREAS, the grant was approved; and,
WHEREAS, it is in the best interest of the City of Kenai to accept the grant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estiinated Revenues:
Donalions $638
Increase Appropriations:
Visitors Center - Miscellaneous $638
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
Deeember 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: November 21, 2006
Adopted: December 6, 2006
Effective: December 6, 2006
Approved by Finance:
(11/16/06) hl
/ 1- ~
~~V'l(a~e wit~i a Past, Gc~ witn a~-uture
~,~,~~ '~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
_ _,__V_~ ~ Teiephone: (907} 283-7535 / Fax: (907) 283-3014
'~ www.ci.kenai.ak.us
theutyaf
KEN ~ SKA
l~/Iemorandum
Date: November 15, 2006
To: Rick R. Koch, City Manager ~
From: Kim Howard, Assistant to the City Manager ~i
RE: Lots 7& 8, Block 1, FBO 5ubdivision
(1) Assignment of Lease & Consent to Assignrrcent - Blue Mountain
Ventures, Inc. to Loroc, LLC
(2) Amendmenf to Lease - Updating Insurance Requirements and Next
Lease Renegotiation
Blue Mountain Ventures has requested to assign the lease for the referenced properry to Loroc, LLC
of which Rockweil G. Smith is the sole member. The property is located on North Willow and is
the current location for FedEx and FAA offices and is shown on the attached map. Fidelity Title
Agency indicated to me that Loroc, LLC intends to retain the current occupants.
The lease states the lease sha11 not be assigned without prior written consent of the City, which will
not be unreasonably denied. The proposed Assignment o~Lease is attached.
As the older leases have come up for assignment, we have been requiring an amendmenf updating
the insurance requirements: The assignmenT of this lease sbould be contingent upon the new lessee
agreein~ to amend the lease to incorporate new insurance requirements. Also, you've indicated that
rather than perform annual appraisals, you' d like to get leases on a rate adjustment cycle to ycars
ending in zero and five. The attached amendment updates the insurance requirements and makes
the next renegotiation in the year 2010 instead of 2009.
This is a 99-yeaz lease, expiring in 20'79. The parties are in compliance with the City. Borough
property taYes are owed in the amount of $5,221.78 and will be paid at closing.
The City Attorney has reviewed the documents and has no objection as 2o the forms. If Council
approves the assignment, the Consent to Assignment can be executed. Also, if approved, the
amendment can be signed.
Cc: Fidelity Title Agency
Rebecca Cronkhite, Airport Manager
Attachments
Fideli Title A enc
~~~~
Of Alas1<a
I d00 Wesc6enson Blvd., Suite 52>
. M+` `~. Anchorage, AK 99503 ~
" ~. Phone:(9077277-6(i01 Fax:(907)277-6G(3
Via email
_ ~~" -'?fr"~"S
~.~.";,.., r ~ ^~..~
_ _ .._- ~
November 9, 2006
~~JOV ^~ ~~,~, I
Kim Floward
~:i
Kenai City llall Cil ~ ~~*
210 Fidalgo Avenue Suite 200 a~.....° --~` -- °~~~~a -
Kenai, Alaska 99611
ReF. Assignment of Airp~rt t,ands or Facilities i.ease
Our File Nwnber. P-10955
Dear Ms. Howard:
Ansched for the Ciry's upproval and consent is am Assignment of Lease between Biue Mountain Ventures, lnc., and
Loroc, L.C~C, The initial Lease was recorded July l, 1930 in Book 158 at Page 195, wich amendments thereaf,
covering the following described propem: Lots Seven (7) and Eight (S) FBO Subdivision, Plat No. 75-225, Ken7i
Recording District, Third )udicial District, State of Alaska. In addition to the Assignment of Laase, I've also
included the City of Kenai, Consent ro Assignment and the~Certificate of Orea~ization Limited Liability Company
onbehalf of ti~e AssiSnen, Loroc, LLC. ~
In a previuus conversadon you wnRrmed that the lease payment [o Ute City is paid current. Presently the 2006 real
property taxes on both Ivts, #0~43-360-I S and #043-3b0-14, are s[ill due, ko5ether wiYh penalties and inferesL These
oufstanding balancas will be paid in full through the closing oP rhe~ transaction berween the Assie,nor and Assignee.
ifyou sfiould have yuestions, or need additianal information, ptease dodt hesitate to get in touch with pur oPfice.
3incerely yours,
Fi alicv tle Agency of Alaska
/ ,J ~~~/
_ rrmne Chmela Kastner
Commercial/Residentiat Escrow Ofticer
/Ick
attachments
Subject
Parceis
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ASSIGNMENT OF LEASE
This assignment is entered into between Blue Mountain Ventures, Inc., whose address is
826 Botanical Heights Circle, Anchorage, Alaska 99515, (Assignor) and Loroc, LLC, whose
address is 335 Main Street Loop, Kenai, Alaska 99611, (Assignee).
Assignor does hereby assign and transfer all of his interest in the leasehold estate as
evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded July 1,
1980, at Book 158, Page 195, and with amendments recorded July 17, 1981 in Book 173 at page
799; July 27, 1984 in Book 242 aY page 369; May 19, 1989 in Book 347 at Page 310; Apri125,
1994 in Book 441 at Page 696 & 698; May 14, 1999 in Book 558 at Page 500 & 502, June 15,
2004 as instrument 2004-005"782 & 83, Kenai Recording District, and covering the following-
described property:
Lots Seven (7) and Eight (8), Biock One (1), FBO Subdivision, according Co Plat
No, 78-225; Kenai Recording District, Third Judicial District, State of Alaska,
to Assignee to have and to hold the same from the date hereof, for and during all of the
remainder yet to come of the term of said Lease Agreement.
Assignee agrees to comply fully with all Che terms and provisions of the Lease, and to
hold the Assignor harmless from any liability arising thereunder.
IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this
day of November, 2006.
ASSIGNOR:
Blue Mountain Ventures, Inc.
By:
Edward M. Brown, Director and
Stockholder
By:
Richard F. Kochanuski, Director and
Stockholder
Assi~nment oP Lease - Page ] of 3
3T~TE C7F AI~f~SKA )
jss
THIRD JUDICIAL DISTRICT }
7'HIS IS TO CERTIFY that on this day of Navemher, 2006, Edward M. Brown,
Director and Stockholder, of $lue Mountain Ventures, Inc., being personaily known to me or
having produced satisiactory evidence ofidenti'ficatian, appeared before me and acla~owledged
the voluntary and autharized execution of the fore~aing instrurnent an behalf of said
Corporalion.
Notary Public P:or Alaska
My Commission Expires:
S7'Al'E OF ALASKA )
}ss
THIRD 1UDICIAL DI~TRlC'I' )
TH1S IS TQ C:ERTIFY that on this day afNovember, 2006, Richard F.
Kochanuski, Director and Stocld~older, of Blue Mountain Ventures, Inc., being personally known
to me or havin~ produoed satistiactory evidence of identification, appeared before me and
acknowledged the voluntary and auihorized execution of che foregoing instrument on behalf of
said Corp~rafion.
Notary Public for Alaska
M}~ Commission Expires:
Assignment of Lease -- Page 2 of 3
ASSIGNGL:
Laroc, LLC
By:
Rockwelf G. Smith, sole member
{If Lessee is a Corpo~ation}
AT7'ES'1':
Name
Title
STATE Oi ALASKA }
)ss
THIRD .iUDICIFIL DISTRICT )
THIS IS "I'0 CEI21'IFY that on this day of November, 2006, Rockwell G. Smith,
Sole Member, of Loroc, LLC, bein~ personaliy known to me or having produced satisfactory
evidence of identification, appeared before me and acknowledged the voluntary and authorized
exec~rtion of tlae foregoing instrument c~n behalf of said Cmnpany.
Notary Public for Alaska
My Comtnission Expires:
Return to:
City of Kenai
210 Fidalgo Avenue
Renai, AK 9961 I
Assi~nment of l.ease - Page 3 of 3
C%TY OF KENAI
CONSENT TO ASSYGNMENT
The Assignment of that certain lease dated June 18, 1980 and
recorded July l, 1980 at Book 158, Page 195, and with amendments
recorded July 17, 1981 in Book 173 at page 799; July 27, 1984 in Book 242
at page 369; May 19, 1989 in Book 347 at Page 310; April 25, 1994 in Book
441 at Page 696 8ti 698; May 14, 1999 in Book 558 at Page 500 & 502, June
15, 2004 as instrument 2004-005782 & 83, Kenai Recording District, from
Blue Mountain Ventures, Inc., whose address is 820 Botanical Heights
Circle, Anchorage, Alaska 99515, to CITY OF KENAI, whose address is 210
Fidalgo Avenue, Kenai, Alaska 99611, covering the following-described
property:
Lots Seven (7) and Eight (8), Block One (1), FBO Subdivision,
according to Plat No. 78-225, Kenai Recording District, Third
Judicial District, State of Alaska
is hereby ACKNOWLEDGED AND APPROVED, subject to the same
terms and conditions as contained in the original lease above-described.
This Consent is given by the City of Kenai without waiving any right
or action, or releasing the Assignor from any liability or responsibility under
the aforementioned Lease, and does not relieve the Assignee from the
condition requiring the City's approval for any subsequent sublease or
assignment.
Dated this day of November, 2006.
Rick R. Koch
City Manager
Consent to Assignment of Lease - Page 1 of 2
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT j
THIS IS TO CERTIFY that on this day of November, 2006, RICK
R. KOCH, City Manager of the City of Kenai, Alaska, being personally knoc~rn
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:
Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
ConsenY Yo Assignmenf of Lease - Page 2 of 2
That certain lease recorded July 1, 1980 in Book 158, Page 195, between the CITY OF
KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 and EDWARD M. BROWN and
subsequently transferred to LOROC, LLC whose address is 335 Main Street Loop, Kenai, Alaska
99611, encompassing the following property located in the Kenai Recording District, Third
Judicial District, SCate of Alaska:
Lots 7& 8, Block 1, F.B.O. Subdivision, according to Plat No. 78-225
is amended to reflect that the lease is hereby modified as follows:
L~VI~FMNTFTCATTnN ANn TN4T 1R ANC'F: Lessee covenants to save the City harmless
from all actions, suits, liabilities, or damages resulting from or arising out of any acts of
commission or omission by the Lessee, his agents, employees, customers, invitees, or arising
from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and
Co pay all costs connected therewith.
Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement,
insurance issued by responsible insurance companies authorized to do business in Alaska, in
forms, kinds and amounts as determined and directed by the City for the protection of City and/or
Lessee. Insurance requirements hereunder shall be subject to the sole determination of the City.
Said insurance may include, but need not be limited to insurance coverages commonly
lrnown as, or similar in kind to, public liability, products liability, properiy dasuage, cargo,
aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance
coverage as deemed required in the sole determination of the City. All policies or endoxsements
thereto shall in all cases where possible name City as Additional Insured thereunder and shall
contain a waiver of subrogation against the City.
Upon approval by City of all insurance required, in the forms, kinds and amounts direcCed
to be pxocured, Lessee shall deliver all policy originals or duplicaYe originals and endorsemenYs
thereto to fhe City for incorporation within this agreement as attachment thereto. In any event;
Amendment to Lease - Page I of 4
Lessee is not to commence to exercise any of the rights and privileges granted under this
agreement until such time as all insurance directed and required to be furnished by Lessee is in
full force and effect.
Lessee expressly understands and agrees that any insurance protection furnished by
Lessee hereunder shali in no way limit its rasponsibility to indemnify and save harmless Lessor
under the provisions of this agreemenf.
No policy of insurance shall be cancelled or amended with xespect to the Ciry without
thirry (30) days written notice by registered or certified mail to City by the insurance company.
Until otherwise directed in writing by the Ciry Manager, Lessee shall provide certificates
of insurance within thirty (30) days of the date hereof as follows:
Comprehensive General Liahility
Combined Single Limit (Bodily Injury
And Property Damage): $1,000,000
Workmen's Compensation - Statutoiy Limits
NotwithsCanding anyYhing to the contrary, if Lessee fails or neglects to secure tequired
insurance or if said policy or policies are terminated, altered, or changed in any manner not
acceptab(e to the City, then and in that event this lease may be cancelled and terminated, without
penalty, on five (5) days written prior notice to Lessee.
In order to change the five-yeaz lease rate adjustment cycle to years ending in zero and
five, the next lease rate adjustment shall be performed in 2010 rather than 2009. Thereafter, the
lease rate adjustments as set out in Section D9 shall be done evety five years.
LESSOR:
CITY OF KBNAI
By:
Rick R. Koch
City Manager
Amendment Co Lease - Page 2 of 4
LESSEE:
LOROC,LLC
By:
Title
If Lessee is a Corporation)
ATTEST:
Name
Title
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2006, RICK R. KOCH,
City Manager of the City of Kenai, Alaska, being personally known to me or having produced
safisfactory evidence of identification, appeazed before me and aclrnowledged 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 3 of 4
STAT~ OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CBRTIFY that on this day of , 2006,
(Name), (Title) of
, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authorized execution of
the foregoing ins2rument on behalf of said Limited Liability Corporation.
I~Iotary Public for Alaska
My Commission Expires:
Approved as to form:
C~~
Cary R. Graves, City Attorney
Amendmeni to I,ease - Page 4 of 4
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KENAI PARKS 8c RECREATION ~
JANUARY 5, 2006
CITY HAI,L COUNCEL CHA
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA L~PPROVAL
ITEM 3: ELECTION OF CHAIR AND VICE CHAIR
ITEM 4: APPROVAL OF MEETING SUMMARY -- December 1, 2005
ITEM 5: PERSONS SCHEDULED TO BE HEARD
ITEM 6: OLD BUSINESS
a. Discussion -- Bernie Huss Fitness Trail
ITEM 7: NEW BUSINESS
a. Discussion -- Municipal Park Improvements
ITEM 8: REPORTS
a. Coinrnission Chair
b. Director
c. City Councii Liaison
ITEM 9: COMMISSION QUESTIONS & COMMENTS
ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE FIEARD
ITEM 11: INFORMATION
a. Council Action Agendas of December '7 and 21, 2005.
b. 11/2005 Kenai Muitipurpose Facility Activity Report.
ITEM 12: ADJOURNMENT
KENAI PAR%{S & RECREATION COMMI:
FEBRUARY 2, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAI, OF MEETING SUMMARY -- January 5, 2006
ITEM 4: PERSONS SCIiEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Kenai Municipai Park/Proposed Improvements
ZTEM 6:
a. Discussion -- Leif Hansen Memorial Park/Proposed Sprinkler System
ITEM 7: REPORTS
a. Comnussion Chair
b. Director
c. City Council Liaison
ITEM 8: CONIMISSION GtUESTIONS & COMMENTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of January 4 and 18, 2006.
b. January Hockey Rink Ice Schedule
c. Wrestling Clinic Flyer/Goals & Activities
ITEM 11: ADJOURNMENT
IiENAi PARKS & RECREATION COMNIISSION
MARCEi 2, 2006
CITY HAI,L COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CAY.L TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETYNG SUMMARY -- February 2, 2006
YTEM 4: PERSONS 5CIiEDULED TO SE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Kenai Municipal Park
YTEM 6: NEW BUSINESS
a. Discussion -- Kenai Park Strip (Softball Greenstrip)
b. Discussion -- April 6, 2006 Meeting
ITEM 7: REPORTS
a. Conunission Chair
b. Director
c. City Council Liaison
ITEM 8: CONINIISSION QUESTIONS 8c COMI~~NTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10:
a. Council Action Agendas of February 2 and FeUruary 15, 2006.
b. Beautification Committee Meeting Summary of February 14, 2006.
c. February Ice Schedule
ITEM 11: ADJOURNMENT
KENAI PARKS & RECREATYOl+i COMMI:
MAY 4, 2006
CITY HALL COUNCEL CHAMBERB
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMAI2Y -- March 2, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
a. Les Krusen -- Recreational'I~rf/Multipurpose Facility
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion -- Draft Budgets/Parks, Recreation and Beautification
YTEM 7: REPORTS
a. Coisuiiission Chair
b. Director
c. City Councll Liaison
ITEM 8: COMNIISSION QUESTIONS & COMN~NTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of April 5 and 19, 2006.
b. Seautification Committee Meeting Summary of April 11, 2006.
ITEM 11:
KENAI PARKS & RECREATYON COn~IlVII;
JUNE 1, 2006
CITY HAI.L COUNCIL CIiAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- May 4, 2006
ITEM 4: PERSONS SCIiEDULEI3 TO BE IiEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Kenai Soccer Park Update
ITEM 6: NEW BUSINESS
a. Discussion -- Kenai River Marathon
ITEM 7: REPORTS
a. Coininission Chair
b. Director
c. City Council Liaison
ITEM 8: COMNIISSION QUESTIONS & COMMENT3
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of May 3 and 17, 2006.
b. Beautification Connnittee Meeting Summary of May 9, 2006.
ITEM 11: ADJOURNMENT
KENAI PARK6 & RECREATION COMMISSION
JULY 6, 2006
CYTY HALL COUNCYL CHtBMBERS
7:00 P.M.
AGENDA
ITEIVI L• CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY --
a. May 4, 2006
b. June l, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
YTEM 5: OLD BUSINESS
a. Discussion -- Kenai Soccer Park Update
ITEM 6: NEW BUSINESS
a. Discussion -- Kenai River Marathon
b. Discussion -- Undercutting of'IYeesJCity Property in Front of The
Challenger Center -- Rotary/KCHS Project
c. Discussion/Recommendation - Tract A, Park View Subdivision (Parcel
#04701018)/Need for Public Purpose.
ITEM 7: REPORTS
a. Comirussion Chair
b. Du-ector
c. City Council Liaison
ITEM 8: CONIMISSION (QUESTIONS & CONIlVIENTS
ITEM 9: PERSONS PRESENT NOT SCEiEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of June 7 and 21, 2006.
ITEM 11:
KENAI PARKS & RECREATION COMMISSION
AUGUST 3, 2006
CITY HAI.L COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- July 6, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
a. Com~ussion Chair
b. Director
c. City Council Liaison
ITEM 8: COMMISSION QUESTIONS & COMMENTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of July 5 and 19, 2006.
b. Beautification Conunittee Meeting Summary of July 11, 2006.
ITEM 11: ADJOURNMENT
NOTE: IMMEDIATELY FOLLOWING AD70URNMENT,
COMMISSIONERS V1lILL TOUR THE CITY PARK FACYLITIES.
TRANSPORTATION WIL! BE PROVIDED.
THE PUBLIC IS INVITED.
ITEM l:
ITEM 2:
%TEM 3:
a.
b.
ITEM 4:
ITEM 5:
ITEM 6:
a.
ITEM 7:
a.
b.
c.
ITEM 8:
ITEM 9:
ITEM 10:
a.
b.
YTEM 11:
KENAY PARKS & RECREATYON COMMLSSYON
5EPTEMBER 7, 2006
CITY HAI.L COUNCIL CHAMBERS
7:00 P.M.
AGENDA
CALL TO ORDER & ROLL CALL
AGENDA APPROVAL
APPROVAL OF MEETING SUMMARY --
July 6, 2006
August 3, 2006
PERSONS SCEiEDULED TO BE HEARD
OLD BUSINESS
NEW BUSINESS
Discussion -- Disc Golf E7cpansion
REPORTS
Commission Chair
Director
City Council Liaison
COMMISSION QUESTIONS & COMMENTS
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
Council Aclion Agendas of August 2 and 16, 2006.
Beautification Committee Meeting Summary of July 11, 2006.
KENAI PARKS & RECI2EATION COMMISSION SPEC7AL MEETING
OCTOBER 5, 2006
CITY HAI,L COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1:
ITEM 2:
YTEM 3:
YTEM 4:
ITEM 5:
ITEM 6:
a.
ITEM 7:
a.
b.
c.
ITEM 8:
ITEM 9:
ITEM 10:
a.
b.
ITEM 11:
CALL TO ORDER & ROLL CALL
AGENDA APPROVAL
APPROVAL OF MEETING SLTMMARY -- September 7, 2006
PERSONS SCI3EDULETD TO BE HEARD
OLD BUSINESS
~w sus~ss
Discussion -- Capital Improvement Project Nominations
REPORTS
Commission Chair
Director
City Council Liaison
COMMISSION QUESTIONS & COMIVIENTS
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
Council Action Agendas of September 6 and September 20, 2006.
Beautification Comniittee Meeting Summary of September 12, 2006.
ADJOURNMENT
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KENAI HARBOR COMMISSEON MEETYNG
JANUARY 9, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
AGEIVDA
YTEM 1: CALL TO ORDER & ROLL CALL
YTEM 2: AGENDA APPROVAL
YTEM 3: ELECTYON OF CHAIR AND VICE CHAIR
ITEM 4: APPROVAL OF MEETING SUMMARY -- November 7, 2005 and
December 12, 2005
ITEM 5: PERSONS SCHEDULED TO BE FiEARD
ITEM 6: OLD BUSINESS
ITEli2 7: NEW BUSINESS
a. Discussion/Recommendation -'I7delands I,ease Applications/Ted J.
Crookston - City of Kenai Shore Fishery No. 2
b. Dascussion/Recommendations - 2005 Dip Net Fishery Report
ITEM 8: REPORTS
a. Director
b. Dock Foreman
c. City Council Liaison
ITEM 9: CONIMISSIONER COMMENTS/QUESTIONS
ITEM 10: PERSpNS NOT SCYiEDULEII TO BE HEARD
ITEM 1!:
a. Kenai City Council Action Agendas of December 7 and 21, 2005.
b. Correspondence/Kenai River Bank Erosion
ITEM 12: ADJOURNMENT
KENAI HARBOR COMIVIiSSION MEETING
nu~xcx s, zoos
CITY GOUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM l: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMIVIARY-- January 9, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
YTEM 5: OLD SUSYNESS
a. Discussion - Kenai Bank Stabilization, Coastal Trail Construction
ITEM 6: NEW BUSINESS
a, Discussion -- Boat Launch Ramps
IR'EM 7: REPORTS
a. Director
b. Dock Foreman
c. City Councff Liaison
ITEM 8: COMMISSIONER COMMENTS/G„~UESTIONS
ITEM J: PERSONS NOT SCFIEDULED TO BE HEARD
ITEM 10: INFORMATYON
a. Kenai City Council Action Agendas of February 1 and Februaiy 16, 2006.
iTEM 11: ADJOURNMENT
xEN~ ~xsox con+~asstoN MEETrNG
APRYL 10, 2006
CITY CLERK CONFERENCE ROOM
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CtYLL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- March 6, 2006
ITENi 4: PERSONS SCE3EDULED TO BE HEARD
ITEM 5: OLD BUSYNESS
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
a. Director
b. Dock Foreman
c. City Council Liaison
dTEM 8: COlVIlVIISSIONER COMMENTS/ldUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Kenai City Councff Action Agendas of March i and 15, 2006.
ITEM 11: ADJOURNMENT
KENAI HARBOR COMIVIISSION MEETYNG
MAY 8, 2006
CITY COUNCIL CFIAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY
a. March 6, 2006
b. Aprll 10, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion/Recommendation -- Renewal of Six Shore Fishery I,eases
ITEM 7: REPORTS
a. Director
b. Dock Foreman
a City Council Liaison
ITEM 8: COMMISSIONER COMII~NTS/QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Kenai City Council Action Agendas of April 5 and 19, 2006.
ITEM Z 1: ADJOURNMENT
KENAI HARBOR CONIlVIISSYON MEETING
JUNE 12, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CAY.L
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- :VIay 8, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
YTEM 6: NEW BUSINESS
a. Discussion -- KEDS Work Plan/Waterfront Development Plan
ITEM 7: REPORTS
a. Director
b. Dock Foreman
c. City Council Liaison
ITEM 8: COMMISSIONER COMI~~NT5/QUESTIONS
ITEM 8: PERSONS NOT SCHEDULED TO BE HEARD
YTEM 10: INFORMATION
a. Kenai City Council Action Agendas of May 3 and 17, 2006.
b. Updated Kenai City Councll Policy for Commission, Comnuttee, Board
and CouncIl on Aging Meetings and Work Sessions.
c. 5/23/06 Kenai Harbor Rate Schedule.
ITEM 11: ADJOURNMENT
KENA% HARBOR COMMISSION MEETING
JULY 10, 2006
CITY COUNCYL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
YTEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- June 12, 2006
YTEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLI3 $USINESS
ITEM 6: NEW BUSINESS
a. Discussion -- Possibility of a Fish-Cleanu~g Station/North Shore/Mouth
of the Kenai River.
ITEM 7: REPORTS
a. Public Works Manager
b. Dock Foreman
c. City Council Liaison
ITEM ~: CONIlVIISSIONER CONYMENTS/QUESTION5
ITE1Vi 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: YNFORMATION
a. Kenai City Council Action Agendas of June 7and 21, 2006.
b. 6/29/06 Kenai Harbor Rate Schedule
ITEM 11: ADJOURNMENT
KENAI HARBOR COMMISSYON MEETING
SEPTEMBER 11, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMNIARY
a. June 12, 2006
b. July 10, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Update/Bluff Stabilization Project
ITEM 6:
ITEM 7: REPORTS
a. Public Works Manager
b. Dock Foreman
c. City Councll Liaison
ITEM 8: CONIIVIISSIONER COI~IMENTS/QUESTIONS
ITEM 9: PERSONS NOT SCFIEDULED TO BE HEARD
YTEIvI 10: INFORMATION
a. Kenai City Councii Action Agendas of August 2 and 16, 2006.
ITEM 11:
KENAY FiARBOR COMIVIISSION MEET%NG
OCTOBER 9, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
YTEM 1: CALL TO QRDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- September 1 l, 2006
ITEM 4: PERSONS SCHEIDULED TO BE HEARD
ITEM 5: OLD BUSdNESS
YTEM 6: NEW BUSINESS
a. Discussion/Recommendation -- Capital Improvement Project
Nominations
ITEM 7: REPORTS
a. Public Works Manager
b. Dock Foreman
c. City Council Liaison
ITEM 8: COMMISSIONER CONiNN~NT5/QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
YTEM 1Q: INFQRMATION
a. Kenai City Council Action Agendas of September 6 and 20, 2006.
ITEM 11: ADJOURNMENT
~
KENAI AIRPORT COMMISSYON
PdOVEMBEiZ 9, 2006
IiENAI C%TY COUNCIL CHAMSERS
7:00 P.M.
AGENDA
ITEM I: ClsLL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROi7AL OF MEETING SUMMARY -- October 12, 2006
ITEM 4: PEI2SONS SCHEDULED TO SE HEARD
YTEM 5: OLD BUSINESS
a. Discussion -- 2007 Air Fair
b. Discussion -- Sports Coverage Radio Airport Advertising
ITEM 6:
a. Discussion -- Airline Operating Agreement
ITEM ?: 12EPORT
a. Commission Chair
b. Airport Manager
c. City Council Liaison
ITEM 8: COMMISSIONER COMMENTS AND QUESTI~NS
ITEM 9: PERSONS NOT SCIiEDULED TO BE HE.4RD
YTE1V[ 1Q: INFORMATION ITEMS
a. Kenai City Council Meeting Action Agendas for October 17 and November
1, 2006.
b. 10/06 Kenai Municipal Airport Enplanement and Float Plane Basin
Reports.
c. 11/ 1/06 R. Koch letter regarding City's interest to purchase 80 Acres of
undeveloped property northwest of the Kenai Municipal Airport.
YTEM 11: ADJOURIQMENT
KENAI AIRPORT' CONiMIS
NOVEMBER 9, 2006
KENAI CITY COUNCIL CIiA:
1:00 P.IYI.
ITEM 1: CALL TO ORDER AND ROLL CALL
Chair Knackstedt called the meeting to order at approximately 7:00 p.m. The roll was
confirmed as follows:
Commissioners present: C. Versaw, L. Porter, J. Bielefeld, E. Mayer, H. Knackstedt,
D. Haralson
Commissioners absent: J. Ziru1
Others present: Council Member R. Molloy; Airport Director Cronkhite;
Airport Administrative Assistant Mary Bondurant; James
Goodwin and Jay Smith, both of KSRM Radio
LTEM 2: AGENDA APPROVAL
MOTION:
Commissioner Versaw M~VED to move KSRM Radio to the first item on the agenda
and requested UNANYMOUS CONSENT. Commissioner Mayer SECONI~ED the motion.
There were no objections. SO ORDERED.
ITEM 3: APPR~Vf4L OF MEETING SUMNIARY -- October 12, 2006
Mf}'d°ION:
Commissioner Versaw MOVED to change Item 7-b from "property east" to "property
west" and requested UNANIMOUS CONSENT. Commissioner Bielefeld SECONDED the
motion. There were no objections. SO ORDEI2ED.
ITEM ~€: PERSONS SCHEDULED TO BE HEAR17 -- None
ITEM 5: CiLD SUSINESS
5-a. Discussion -- 2007 Air Fair
Discussion included:
. Possibie use of SOAR hangar or Civil Air PatroPs hangar.
o Parking of cars.
• Importance of the Poker Run in keeping pilots interested in the Air Fair.
MOTI~Id:
Commissioner Bielefeld MOVED the Air Fair Committee focus on keeping the Poker
Run in an effort to continue interest by pilots and requested UNANIliROU5 CONSENT.
Commissioner Porter SECONDED the motion. There were no objections. SO
ORDERED.
5-b. Discussion -- Sports Coverage Radio Airport Advertising
Discussion included:
• The differences in advertising packages, market share and internet sports
coverage.
• This type of advertising is "goodwill" or "community advertising" to keep a
positive light on the airport.
MOTION:
Commissioner Haralson MOVED the Airport Manager pursue the proposed advertising
package for radio and requested UNANIMOUS COIdSENT. Commissioner Porter
SECONDED the motion. There were no objections. SO ORDEREI3.
ITE1V! 6: NEW BUSYNESS
6-a. Discussion -- Airline Operating Agreement
MOTION:
Commissioner Haralson MOVED the City Council approve Ordinance 2198-2006 and
requested UNANIMOUS CON$ENT. Commissioner Porter SECONI3ED the motion.
There cvere no objections. SO ORDERED.
ITEM 7: REPORT
9-a. Commission Chair -- None
7-b. Afrport Manager -- None
7-c. City Couneil Liaison - Council Member Molloy informed the
Commission the Council adopted the Capital Improvements Project List
at the last Couneil meeting.
ITEM 8: COMMISSIONER COMMENTS AND OUESTION$
Discussion included the following:
Summer activity at floatplane basin.
Tie-down rates.
ITEM 9: PERSONS IBOT SCHEDULED TO BE HEARB -- None
AIRPORT COMMISSION MEETING
NOVEMBER 9. 2006
PAGE 2
ITEM 10: INFORM.4TI~N ITEMS
10-a. Kenai City Council Meeting Action Agendas for October 17 and November
i, aoo6.
10-b. 10/06 Kenai Municipal Airport Enplanement and Float Plane Basin
Reports.
10-c. 11 / 1/06 R. Koch letter regarding City's interest to purchase 80 Acres of
undeveloped property northwest of the Kenai Municipal Airport.
ITEM 11: ADJOURNMENT
MCfTIOlU:
Commissioner Bielefeld MOVED to adjourn and Commissioner Mayer
SECONDED the motion. There were no objections. SO ~RflERED.
There being no further business before the Commission, the meeting adjourned
at approximately 8:05 p.m.
Meeting summary prepared and submitted by:
Jenifer C. Lockwood, Deputy City Clerk
AIRPORT COMMISSIOiV MEETING
NOVEMBER 9, 2006
PAGE 3
~~
-
KENAI LIBRARY COMNdISSIOP
KENAI COUNCYL CI~IAMBERS
NOVEMBER 7, 2006
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEIVI 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- October 3, 2006
ITEM 4: PERSONS SCFIEDULED TO BE HEARD
ITEli~! 5: OLD BUSINESS
a. Discussion -- Proposed Library Expansion
ITEM 6: NEW BUSI
ITEM 7: REPORTS
a. Director
b. Friends of the Library
c. City Councll Liaison
ITEM 8: COMNIISSION COMMENTS/QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Kenai City Council Action Agendas of October 4 and 1~, 2006.
ITEM 11: ADJOURNMENT
KENAI LIBRARY COMMISSYON
KENAI COUNCIL CHAMBERS
NOVEMBER 7, 2006
7:00 P.M.
CHAIR BOB PETERS, PRESIDIN
MEETING SUMMARY
ITEM 1: CALL TO ORDER & ROLL CALL
Chair Peters called the meeting to order at approximately 7:05 p.m. The roll was
confirmed as follows:
Commissioners present K. Keus, E. DeForest, E. Bryson, B. Peters, C. Srenckle
Co~runissioners absent: R. Gilman and C. Cook
Others present Council Member L. Swarner and Library Director M. Joiner
ITEM 2: AGENDA APPROVAL
MOTION:
Commissioner Heus MOVED to approve the agenda as presented and Commissioner
Brenckle SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- October 3, 2006
It was requested the word "that" be added as the second word to Item 4-b, first, second
and fourth bullets.
MOTION:
Commissioner Bryson MOVED to approve the meeting summary of October 3, 2006
and Commissioner DeForest SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5: OLD BUSINESS
5-a. Discussion -- Proposed Library Expansion
The proposed library e~cpansion was discussed and items noted included:
• A joint work sessioi~ with members of the City Council will be held on
December 5, 2006 instead of a Library Conunission meeting, notification will be made,
and the work session will be open to the public.
• A council work session to discuss Capital Improvement List projects has
been scheduled for December 12, 2006, beginning at 6:00 p.m.
• Site selection for the project, i.e. 20-year expansion needs, project
timelines/deadlines, funding sources requirements, considerations in using Laurton
Acres for a site (zoning change, neighboring properLy owner opposition).
• A request was received to locate the State Law Library collection at the
Kenai library.
• A list was requested.
ITEM 6: NEW BUSINES -- None.
ITEM 7: REPORTS
7-a. Director -- Director Joiner distributed the November 2006 monthly
report.
7-b. Friends of the Library -- Conunissioner Heus' report included the
outcome of the library raffle; Friends endorsing the Cornmission's motion to encourage
council to select a new site for the library expansion; the Friends steering committee
met and set goals; and, there are two openings on the Friends board.
7-c. City Council Liaison -- No report.
ITEM 8: CONIMISSION COMMENTS/fdUE5TIONS
Council Member Swarner was welcomed as the Conunission's liaison.
DeForest -- Reported business people purchasing raffle tickets expressed interest in
the library e~pansion.
Heus -- She is gathering names and addresses of businesses to contact for letters of
support.
ITEM 9: PERSONS NOT SCFIEDULED TO BE HEARD -- None.
ITEM 10: INFORMATION
10-a. Kenai City Council Action Agendas of October 4 and 17, 2006.
ITEM 11: ADJOURNMENT
MOTYON:
Commissioner Heus MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Coxim~ission, the meeting adjourned at
approximately 8:23 p.m.
Meeting summary prepared and submitted by:
Carol L. Freas, City Clerk
LIBRARY COMMISSION MEETING
NOVEMBER 7, 2006
PAGE 2
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CITY OF KENAI
PLANNING ~ ZONINC> COMMIS5ION
AGENDA
October 25, 2006 - 7:00 p.m.
L CALL TO ORDER:
a. Roll Call
b. Agenda Approvat
c. ~xcused Absences
d. Consenf Agenda
*All items listed wiCh an asterisk (*) are considered to be routine and non-coutroversidl
by the C~mmission and will be approved by one motion. There wi11 be no separate
discussion of these items unless a Commission Member so requests, in which case Che
item will be removed from the Consent Agenda and considered in its normal sequence on
che agenda as part of khe General Orders.
2. *APPROVAL OF MINUTES:
a. *October 11, 2006
3. SCHEDUL~D PUBLIC COMM~NT:
4. COnTSIDERATION OF PLATS:
a. PZ06-73 - Preliminary Plat - Redoubt Terrace, Bluff View Addition. Plat submitted
by Inte~ity Sw~veys, 8195 Kenai Spur Fiighway, Kenai, Alaska.
5. PUBI,IC H~ARINGS:
a, rI'L06-71 - An application for a Conditional Use Perinit for a commercial kiCChen
wiCh off-site catering and meal prepa~~aCion sessions to include cooking classes, dinner
parties, and private pa~~ties far the property known as 601 Davidson Street (KN T06N
R11W S34 NWl/4 SWl/4 SW1/4 E1/4), Kenai, Alaska. Application subinitted by
Cheney MeLennan, McLennan House, 602 Davidson Street, Kenai, Alaska.
6. OLD BUSINESS:
a. PZ06-70 (PZ06-09) - Transfer Conditional Use Permit- Meal Preparation & Off-Site
Catering from The Family Table to McLennan House for the propeity known as C~OI
Davidson Street (S34 NWll4 SWl/4 SWl/4 NEll4), Kenai, Alaska. Application
submitted by Cheney MeLennan, McLennan House, 602 Davidson Street, Kenai, Alaska.
(Postponed fi~om 10/11/06.)
NEW BUSINESS:
8. PI:NDING IT~MS:
9. CODL ENFOI2CEM~NT:
a. Quarterly Code Violation Report
io. ~PORTS:
a. City Council
b. Borough Planning
c. Administration
11. P~RSONS PRESENT NOT SCHEDULED:
12. INFORMATION IT~MS:
a. Landscape/Site Plan PZ06-72
b. "Zoning Bulletin" 9/25/06
a Third Quarter Reports - Building Permits & P&Z ResoluCions
13. COiVIiVIISSION COMMENTS & QLJ~STIONS:
14. AD,JOURNM~NT:
WORK S~SSIONS ARE 5CHEDULED IMMEDIATELY FOLLOWIIV'G THE
REGULARLYSCHEDULED MEETING
_~w. r _.~~ _~..~ ...~~~_w .~~__. ~ ~_.,~w~. ~.~.
to 8 n.m. "Townsite Historic District - Develoument Criteria"
CITY OF KENAI
PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
OCTOBER 11, 2006
7:00 P.M.
VICE-CHAIR PHIL BRYSON, PRE3IDING
MINUTES
ITEM 1: CALL TO ORDER
Vice-Chairman Phil Bryson called the meeting to order at appro~mately 7:00 p.m.
1-a. Roll Call
F2o11 was confiimed as foliows:
Coinmissioners present: R. Fullinck, J. 1lvait, J. Jenckes, S. Romain, P. Bryson, R.
Wel1s
Commissioners absent: None
Others present: Councii Member R. Ross, City Planner M. Kebschull,
Department Assistant N. Carver, and Contract Secretary B.
Roper
A quorum was present.
1-b. Agenda Approval
Bryson noted lay down items consisting of:
• Add 5-a: PZ06-76 - Conditionai Use Permit I,etter from G. Beckman
• Remove 6a: PZ06-70 (PZ06-09) Transfer Conditional Use Pennit -
Application Withdrawn
• Replace 10a: Council Agenda - 10/ 17/06
• Add Item 12d: Updated Council Roster
MOTION:
Commissioner Jenckes MOVED to approve the agenda adding the lay downs items
and Cosmrussioner Romain SECONDED the motion. There were no objections. SO
ORDERED.
1-c. Excused Absences--None
1-d. Consent Agenda
1ViOTION:
Cornnussioner Fullinck MOVEY) to approve the consent agenda and Comnussioner
Jenckes SECONDED the motion. There were no oUjections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- October 1 l, 2006
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None
ITEM 4: CONSIDERATION OF PLATS
4-a PZ06-73 -- Preliminary Plat - Redoubt Terrace, Bluff View Addition. Plat
suUmitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai,
Alaska.
City Ylanner KeUschuli provided a report on the preliminary plat as included in the
packet and noted staff recoinmended approval. Kebschull added a variance request
for this property would be presented to the Comnussion at a future meeting.
The floor was opened for puUlic comment; no comments were made.
MOTION:
Commissioner'Itmait IViOVED for approval of PZ06-73 inciuding staff comments and
Comnussioner Rmnain SECONDED the motion.
VOTE:
~ Fullinck ~ Yes ~ Twait ( Yes ~ Jenekes _ j Yes ~
RomaC in Yes Brvson Yes Wells ( Yes ~
MOTIOlV PASSED UNANIMOUSLY.
ITEM 5: I'UBLIC HEARINGS
5-a. PZ06-71 -- An application for a Conditional Use Pernut for a commercial
kitchen with off-site catering and meal preparation sessions to ineiude
cooking classes, dinner parties, and private parties for the property
known as 601 Davidson Street (HIV T06N R11W 534 NWl/4 SW1/4
SWl/4 E1/4), Kenai, Alaska. Application submitted by Cheney
McLennan, McLennan House, 602 Davidson Street, Kenai, Alaska.
Kebschuli pravided a report as included in the packet and noted staff recommended
approval with a requirement that all activities be carried on wholly within the
constraints of the l~itchen and parking must be limited to the property.
B~yson read public comsnent rules and then opened the floor to pubiic hearing.
PLANNING & ZONING COMMISSION
OCTOBER 25, 2006
PAGE 2
Edward LeBon, Kenai, Alaska - Mr. LeBon noted the following:
• He has property within 300' of McLennan House.
• He approves of the venture and supports the granting of the Conditional
Use Permit.
• The business has a taY base the City of Kenai needs.
Jim Butler, Kenas, Alaska -- Mr. Butler, attorney for the applicant, noted the
following:
• The application for the Conditional Use Perniit is considered coinplete.
• The use is consistent with the area.
• There is no impact to property values; in fact there is new construction in
the area.
• The appiicant and use complies with DEC and other agency
requirements.
• He requested granting of the Conditional Use Permit.
There being no further comments from the public, the pubiic hearing was closed.
MOTION:
Comnussioner Jenckes MOVED for approval of PZ06-73 including staff
recommendations. Comniissioner Fuilinck SECONDED the motion.
VOTE:
I Fullinek ~ Yes ~'I~vait ~ Yes ~ Jenckes ~ Yes i
I Romain Yes Brvson Yes Wells Yes
MOTYON PASSED UNANIMOUSLY.
Kebschull advised of the 15-day appeal process and noted appeals would need to be
submitted in writing to the City Clerk.
ITEM 6: OLD BUSINESS
6-a. PZ06-70 (PZ06-09) --'I7ansfer Conditional Use Permit - Meal
Preparation & Off-Site Catering from The Family Table to McLennan
House for the property known as 601 Davidson Street (534 NW 1/4
SWl/4 SWl/4 NEl/4J, Kenai, Alaska. Application submitted by Cheney
MeLennan, MeLennan House, 602 Davidson Street, Kenai, Alaska.
(Postponed from 10/11/06J
Item withdrawn by applicant.
PLANNING & ZONING COMMISSION
OCTOBER 25, 2006
PAGE 3
ITEM 7: NEW BUS%NESS -- None
ITEM 8: PEND%NG ITEMS -- None
ITERIi 9:
9-a. Quarterly Code Violation Report
ITEM 10: REPORTS
10-a. City Council -- Council iVIember Ross noted the meeUng agenda and
action taken at the OctoUer 17, 2006 City Council meeting.
10-b. Borough Planning -- Bryson provided a report based on action taken at
the Borough's October 23=d Planning meeting.
SO-c. Administration -- Kebschull noted the following:
• She's received considerable feedback from the Angler Acre rezone mail
out The majority of comments were from property owners on South Ames who do not
want to be included in the rezone.
• The quarterly reports induded in the packet provide information on
action taken by the Conunission the past quarter.
YTEM 11: PERSONS PRESENT NOT SCfiEDULED -- None
ITEM 12: INFORMATION ITEMS
I2-a. Landscape/Site Plan PZ06-72
12-b. "Zoning Bulletin" 9/25/06
12-a Third Quarter Reports - Building Pernuts & P&Z Resolulions
ITEM 13: COMIVIISSION COMMENTS $c QUESTIONS
Discussion took place on excused absences and it was noted a Cominissioner is
required to contact the City Cierk or City Planner Kebschuli if they are unabie to
attend a meeting.
YTEM 13: ADJOURNMENT
MOTION:
Commissioner Romain MOVED Por adjournment and Commissioner Wells
the motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting adjourned at
approximately 7:35 p.m.
PLANNING & ZONING COMMISSION
OCTOBER 25, 2006
PAGE 4
Minutes recorded and prepared by:
Barbaia Roper, Contract Secretary
PLANNING & ZONING COMMISSION
OCTOBER 25, 2006
PAGE 5
-
CITY OF K~NAI
PLANNINC'~ & ZONING COMMTSSION
AG~N~A
November S, 2006 - 7:00 p.m.
l. CALL TO ORDER:
a. Roll Call
b. Swearing in o1' New Commissioner
c. Agenda Approval
d. Excused Absences
*Roy Wells
e. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and wi11 be approved by one motion. There will be no separate discussion of
these items unless a Commission iYlember so requesCS, in w]~ich case Lhe item wil] be
removed from fhe Consent Agenda and considered in its normat sequence on the agenda as
part of thc General Orders.
2. *APPROVAL OF MINUTES:
a. *October 25, 2006
3. SCHLDULrD PUBLIC COMM~NT:
4. CONSIDERATION OF PLA1'S:
a. PZ06-76 -Prelimina~-y Plat -Baron Park Subdivision, No. 3, Lots 1B-3 & 1B-4. Plat
submitted by Lounsbury & Associates, Ine., 5300 A Street, Ancl~orage, Alaska.
b. PZ06-77 - Preliminary Plat - Wright Subdivision (A replat of Govemment Lot 21). Plat
submitted by Segesser Surveys, 30485 Rosiand Se~~eet, Soldotna, Alas]<a.
c. PZO6-78 - Preliminary Plat -Illiamna View Subdivision - Mass~e Replat (A replat of
Illiamna View Subdivision - Resubdivision of Lot 8, Block 2). P1aC submiLCed by
Integrity Surveys, 8195 Kenai S~ur Highway, Kenai, Alaska.
d. PZ06-79 - I'reliminary Plat - Su~awberry Fields Forever Addition #2 (A re-subdivision of
Trac~s A-1 & A-2 Strawbeiry Fields Foiever Addition #1.). P1at sab~nitted by Whittord
Surveying, P.O. Box 4032, Soldotna, AK 99669.
5. PUBLIC I3EARINGS: ~
a. PZO6-74 - An application for a variance far minimum lot size for Che property described
as Lot lA, Bl~ck 6, Redoubt Terrace Bluff View Addition (portion of SOl Wl/2 of Sec 6
& NEl/4 of Sec 1 All Lying NorCh of Coolc Inlet & Excluding All Redoubt Tenace
Subs), Kena'r, Alaslca. Application submiYted by F. DeWayne Craig, P.O. Box 1613,
Kenai, Alaska.
b. 'PZO6-75 - An application for a Conditional Use Permit to operate, a Bed & Brealcfast for
the property described as Lot 2, Block 2, Illiamna View Subdivision, 4520 Ken~iCZe
Court, Kenai, Alasl<a. A~plication submitCed by Caro] L. McKenzie, 4520 Kenaitze
Court, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
8. P~NDTNG IT~MS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. P'ERSONS PRESE~T NOT SCHEDUL~~:
11. INrORMATION ITEMS:
a. Planuing Commission Roster
b. Zoning Bulletin (10/10/06 & 10/25/06)
a Reappointment letters (Bryson & Wells)
12. COIVINIISSION COMMENTS & QtiESTIONS:
13. ADJOURNMF,NT:
CITY OF KENAI
PLt4NNING 8c ZONING COMMIS5ION
NOVEMBER 8, 2006
'7:00 P.M.
VICE CHAIR PHILYP BRYSON, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Vice Chair Bryson called the meeting to order at appro~mately 7:03 p.m.
1-a. Roll Call
Ro11 was confinned as follows:
Coinmissioners present: J. Twait, S. Romain, P. Sryson, R. Wells, and R. F~zllinek
Commissioner absent: J. Jenekes
Others present: Council MemUer R. Ross, City Clerk C. Freas, City Planner
M. Kebschull, Department Assistant N. Carver
1-b. Sweas~ing in of New Commissioner -- Moved to after Item 4-d.
1-c. Agenda Approvai
Requested amendinents to the agenda:
REMOVE: Agenda/Excused Absences (Wells)
ADD TO: Item 5-a, Staff vicinity map; Site Plan submitted by Carol
McKenzie; I,etters from property owners Harrunelman, Heus,
Massie, Tressler & Sandahl.
ADD TO: Item 9-b, I~I'B Plat Coirunittee
ADD AS: Item 11-d, Appointrnent letter to Tony Lewis
MOTION:
Conunissioner'll~ait MOVED to approve the agenda, including the lay down iteins for
5-a, 5-b, 9-b, and 11-d. Coirunissioner Romain SECONDED the inotion. There were
no objections. SO ORDERED.
1-d. Excused E3bsences -- Roy Wells
Itein removed from the agenda.
1-e. Consent Agenda
MOTION:
Commissioner Fullinck MOVED to approve the consent agenda as presented and
Coinmissioner Romain SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 2: APPROVAL OF MINUTES -- October 25, 2006
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
YTEM 4: CON5IDERATION OF PLATS
4-a. PZ06-76 - Preliminary Plat - Baron Park Subdivision, No. 3, Lots iB-3 &
1B-4. Plati submitted by Lounsbury & Associates, Ine., 5300 A Street,
Anchorage, Alaska.
City Planner KeUschull reviewed the staff report included in the packet, noting the plat
met city zoning requirements, no installaCion agreement was required, and approval
was reeommended.
There were no public comments.
MOTION:
Commissioner Romain MOVED to approve PZ06-76 and Coizunissioner Fullinck
SECONDED the motion.
There were Commission comments.
VOTE:
There were no objections. SO ORDERED.
4-b. PZ06-77 - Preliminary Plat - Wright Subdivision (A replat of Government
Lot 21). Plat submitted by Se~esser Surveys, 30485 Rosiand Street,
Soldotna, Alaska.
Kebschuil reviewed the staff report ineiuded in the packet, noting the plat would
subdivide a 2.5 acre parcel into two parcels; the resuiting lots would meet the
minimum lot size for the zone; water/sewer was available; no installafion agreement
was required; and, staff recommended approval.
There were no public comments.
iVIOTION:
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 8, 2006
PAGE 2
Comnussioner Wells MOVED for approval of PZ06-77 and Commissioner Twait
SECO1oIDED the motion.
There were no Coirunission comments.
VOTE:
There were no objections. SO ORDERED.
4-c. PZ06-78 - Preliminary Piat - Illiamna View Subdivision - Massie Replat
(A replat of Illianula View Subdivision - Resubdivision of Lot 8, Block 2).
Plat submitted by Integrity Surveys, 8195 Kenai Spur I-iighway, Kenai,
Alaska.
KeUschull reviewed the staff report included in the packet, noting the plat would
combuze three lots into two; the minimum lot size was met for the zone; the plat would
also vacate a 20-foot utility easement; a petition to vacate the easement had been
subinitted to the Sorough; water/sewer is available on site; lots are accessed via
Strawberry Road or Kenaitze Court; an installation agreement was not required; and
the street name needed to be corrected. Kebschuli added, staff recommendation was
to approve with the correclion of the street name from Strawberry Road West to
Strawberry Road.
There were no public comments.
MOTION:
Commissioner Romain MOVED to approve PZ06-78 witli the noted staff
recommendations and Commissioner Fullinck SECONDED the motion.
There were no Commission conunents.
VOTE:
There were no objections. SO ORDERED.
4-d. PZ06-79 - Preliminary P1at - Strawberry Fields Forever Addition #2 (A re-
subdivision of Tracts A-1 & A-2 Strawberry Fields Forever Addition # l.).
Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, AK
99669.
Kebschull reviewed the staff report included in the packet, noting the plat would
combine iwo parcels into one; the resulting pareel would meet miniinum 1ot size
requirements for the zone; water/sewer was available on site; ihe parcel is accessed by
Devray Street (not inaintained by the City); the lot is also accessible by Wolfe Street
(City maintained); a building permit could be issued only if the Wolfe Sireet access is
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 8, 2006
PAG~ 3
used; the piat met City zoning requirements; no installation agreement would be
required and staff recommended approval.
There were no public comments.
MOTION:
Commissioner Twait MOVED to approve PZ06-79 and Cominissioner Fullinck
SECONDED the motion.
There were no Commission comments.
VOTE:
There were no objections. SO ORDERED.
Item 1-b -- tldministering Oath of Of~ce
Upon arrival of Tony Lewis, Vice Chair Bryson raised a question of privilege and
requested I.ewis be administered the oath of office.
City Clerk Freas adininistered the Oath of Office to Tony Lewis and Comnussioner
Lewis took his seat on the dais.
ITEM 5: PUBLIC IiEARINGS
5-a. PZ06-74 - An application for a variance for minimum lot size for the
property described as Lot lA, Block 6, Redoubt Terrace Bluff View
Addition (portion of SOl W 1/2 of Sec 6& NE1/4 of Sec 1 All Lying North
of Cook Inlet & Excluding All Redoubt Terrace Subs), Kenai, Alaska.
Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai,
Alaska.
Bryson read the rules of conducting a public hearing. Kebschull reviewed the staff
report included in the packet, noting the applieant was wishing to settle a civil n7atter.
She noted the foilowing:
• The variance is being requested to allow a minimum lot size.
• The civil matter limits the size of the plat.
• The properiy is zoned Conservation which lot size requirements are
20,000 square feet.
• With a variance approved, the plat could go forward to the Borough for
approval.
• Code requirements needing to be met:
• Whether special circumstances are present, etc.: Because the
applicant does not have the option to replat an area large enough to meet the
minimum lot siz,e and it appears there are special circumstances present.
• The special conditions have not been caused by actions of the
PLANNING & ZONING COMMISSION MEF,'I'INCs
NOV~MBER 8, 20~6
PAGE 4
applicant, etc.: Because it is a result of a civil suit the applicant does not have
the legal ability to add add3tionai property to the parcel; the request does not
constitute a pecuniary hardship or inconvenience.
• The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district, etc.: The granling of the variance
would not authorize a use that is not a principal pennitted use.
• The granling of the variance shall be the minimum variance that
will provide for the reasonable use of the land and/or structure: Based on the
legal agreement between the iv~o parties, this is the ininimum variance.
• The granting of a variance shall not be based upon other non-
conforming land uses, etc.: The variance is not based on the other non-
conforming land uses in the district. The City Engineer recommended, after
this process is complete, the owner should consider elimin~ting the lot line
which would require a rezone.
• There are no buildiizg code issues with approval of the variance,
however, if at a later date replatting would occur, the existing side yard
encroachment would Ue eliminated.
Kebschull added, based on the application, the request is for a variance from KMC
14.24.010, Development Requirements TaUle, for minimum Iot size in order to record a
preliminary plat; the plat is the result of a civil suit and settles a claim for adverse
possession; the property is zoned Conservation and the miniinum iot size in that zone
is 20,000 square feet; the parcel (12,266 square feet) is used as a Iawn for the
applicant's developed property; water and sewer is available to the parcel; the variance
should not adversely affect neighUoring properties; and, staff recommended approval.
Kebschull reviewed additional information received:
• FYed Olson -- Objects to the granting of the variance.
• Karen Carson - Two condominiums were sold during the sunmier and
the new owners were notified of the actions. Kebschull explained public notice was
sent as required by Code and those notified were listed as the owners on the Borough
records (the new owners were not), therefore the code requirements were met related
to notifieation of the public hearing.
The floor was opened to public hearing:
Susan Anderson -- Explained she purchased a condominium in mid-September from
the Craigs; she was not notified of the plat proceedings until this date; felt more time
should be provided for the neighbors/condominium owners to review and comment;
she is concemed why the property was purchased and whether it will open the door
for building on the property; and she is concerned about bluff stability. Anderson also
noted, a condominium owner meeting was held in September and the issue was not
brought forward for discussion at that time.
Bryson noted he understood by the documentation, the property wili be attached to
the larger parcel.
PLANNING & ZONING COMMISSION M~ETING
NOVEMBER 8, 2006
PAGE 5
Barbara Srnith -- Explained she is also a condominium owner; when she purchased
her condo in 2004, she was drawn to the property for the view, landscaping, privacy,
and marketability; and, stated her concem the property may be developed and the
value of her purchase would be diininished. Smith also noted she saw a sign posted
advising of the request for variance, however it was placed in grass/bushes where it
could not be easily seen.
Karen Carson - Noted some people were not notified of the hearing; iclentified the
Borough updates records every siY months and was last updated May 30. Carson
stated the staff was doing its joU.
Charles Bailey -- Explained he lives next door to Craig; has had problems in the past
in which Craig would say one thing and it ended up to be something else; and,
suggested ihe Commission be specific in what it grants to Craig.
Bob Friend -- Explained he is a resident of the condoininium units; concerned the
property was being set up to be ready for development concerned about building on
ihe bluff; and, stated concern he would lose his view.
There bein~ no further coinments, the public hearing was closed.
Commission comments included:
• Concern with comments of lack of notice. Kebschull explained the code
requirements for notice, adding the properiy owners of record were mailed written
notices. When she learned property owners had changed, she further reviewed tax
records to acquire addresses and sent notices.
MOTION:
Commissioner'It~ait MOVED to approve PZ06-74 and Commissioner Romain
SECONDED the motion.
MOTION TO PO5TPONE:
Commissioner Fullinck MOVED to postpone consideration of PZ06-74 tmtil December
13, 2006. Conunissioner'I~ait SECONDED the motion.
Diseussion followed during whieh comments ineluded:
• Fuilinck stated his concern some property owners were not timely
notified and thought additional time should Ue given for them to research the issue.
• Referring to the legal documents, Sryson stated he believed the property
was to be considered a single part of the property owned by the Craigs; believed it
means the property is to be attaehed to the adjaeent parcel; if the court order were
carried through as he understands it, there would have been a plat before the
Comnussion containing this parcel and the adjacent parcel, eliminating the lot line
between them; in that way, the statement would have been validated contained in the
court order; and, if they wouid be attached, it would a non-issue as it would be
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 8, 2006
PAGE 6
considered one parcel and the zoning requirements for area coverage, side setbacks,
etc. would be addressed.
• Kebschull explained the applicant had the opportunity to do what Bryson
suggested ar request a variance. Bryson's suggestion would have required a rezone of
the area which would have taken mare time; the court document, the City Attorney
reviewed it, and felt it had no bearing on the city; and the City is only considering the
plat and application before the Cominission.
• Bryson noted the tract proposed had no right-of-way dedicated for
access. Kebschull indicated that was true, but staff comments recommended an
access easement or right-of-way be required. It was her understanding the Borough.
staff would be recommending a 30-foot right of way be dedicated.
VOTE ON MOTION TO POSTPONE:
'l~ait Yes Jenckes Absent Romain Yes
B son ~ No Lewis Yes Wells Yes
Fullinck Yes
MOTION TO POSTPONE PASSED.
5-b. PZ06-95 - An application for a Conditional Use Permit to operate, a Bed
& Breakfast for the property described as Lot 2, Block 2, Illiamna View
Subdivision, 4520 Kenaitze Court, Kenai, Alaska. Application submitted
by Carol L. McKenzie, 4520 Kenaitze Court, Kenai, Alaska.
Kebschull reviewed the staff report included in the packet, noting the intent and
criteria for issuing a conditional use permit and the requirements for estabiishing a
bed & breakfast. Also noted were:
• Comments/letters of adjacent property owners were distributed to the
Commission and added to the packet.
• Concerns of neighbors include traffic in the residential neighborhood and
off-street l~arlflng.
• Suggestion to consider approving a temporary permit to see if the
business wouid affect the neighborhood.
Kebschull indicated staff recorrunendation as:
• The application indicates the proposed bed and breakfast meets the
requirements for a conditional use permit
• The permit could not be issued until the City has received a copy of the
business license for the proposed bed and breakfast.
• The City has received verification from the Kenai Peninsula borough the
business is registered to collect sales tax and is current with reporting.
• A final inspection has been conducted for Building Permit B-4253 and
any discrepancies inust be corrected.
• The residence has been inspected by the Fire Marshall and meets all fire
code requirements for said use (a yearly certification is required).
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 8, 2006
PAGE 7
Public commei~t included:
Cliff Heus, 4540 Kenaitze Court, Kenai -- Mr. Heus explained he lives next to the
proposed site of the bed and breakfast he wants to be assured the business is being
run properly and iF it is not, what would be the procedure to use and how quickly
could the problem be resolved; and, he Uelieved the worst problem would be too many
boaCs parked on the street.
Kebschull explained the process of processing a complaint and revocation hearing
requirements.
John FIammeiman, 4570 Kenaitze Court, Kenai -- Mr. Hammeiman explained he
submitted a letter along with others from the neighborhood; would like the pernut re-
evaluated in one year instead of going through a complaint-driven process; and, if
there are pre~blems with off-street parking, ~l1ey would become apparent in a year.
Cazol MeKenzie, 4520 Kenaitze Court, Kenai - Ms. McKenzie noted the foilowing:
• She is the applicant and understands concerns of the neighbors.
• She did not believe the business would affect neighborhood traffic more
than it is currently.
• Dust could be a problem as it is a gravel street.
• The'I7esslers aiid Heus' would be the only homes affect by traffic.
• Her business would be open only May to September.
• Her daughter lives nearby and clients with Uoats couid probably park
them on her long driveway.
• She is on the list for fire inspection.
• Assured the Coinmission any corrections (~fire/building) would be in
accordance with the City Code.
• She would have guidelines of conduct for her clients.
• She and her neighbors are compatible and believed the business would
be a minimum impact on the them.
• The ciients would Ue parking on her property and not on the street.
• She h~d no objection to granting of a temporary permit trom May
through September.
Mike Wiley -- Reported he has lived in the McKenzie home and thanked the city for
the quick fire protection response; believed the proposed bed and breakfast would
have a positive economic impact to the city; and, there is enough area to acconimod~te
off-street i~arking of guests' vehicles.
Steve Tressler, 4530 Kenaitze Court, Kenai -- Mr. Tressler noted the foilowing:
• He would like the pennit reviewed in October.
• He is concerned with additional pets being at the McKei~zie and
explained, the covenants allow only two per home and that allowance is already
fulfilled.
PLANNING & ZONING COMMISSION MEETING
NOVEMBER $ 2006
PAGE 8
Kebschull explained the Corm'nission could place a requirement that no pets would be
allowed and that the Code refers to the number of pets allowed.
There being no further public comments, the public hearing was closed.
MOTION:
Comnussioner Romain MOVED to approve PZ06-75 with the noted staff requirements
1-a through 1-d (included in the staff report) with the time limit to expire at
September, 2007. Corrunissioner Lewis SECONDED the moflon.
Comnussion comments included:
• Concern placing a limit on the length oP the permil would be setting a
precedence. Kebschull reported time limits have been set on permits in the past,
however not on a permit for a bed and breakfast establishment.
Cominissioner Romain noted the intent of his motion was to review the permit in
September, 2007, not to have it expire. The Commission had no objeclions to
adjusting the motion to retlect a review.
RESTATEMENT OF MOTION:
Commissioner Romain MOVED to approve PZ06-75 with the noted staff requirements
1-a through 1-d (included in the staff report) with the time Iimit to be reviewed in
September, 2007. Conunissioner Lewis SECONDED the motion.
Kebschull stated concern about the McKenzie suggestion boats could be parked at her
daughter's as it could also require a conditional use pernut to allow a commercial use
of her property and she would want to research the issue prior to any statement it
would be allowable or permitted. Bryson noted, the motion included no statement
related to parking at the daughter's property.
VOTE:
There were no objecflons. SO ORDERED.
KeUschull reviewed the rules of appeal, noting appeals would have to be filed with the
City Clerk within 15 days of the action taken.
ZTEM 6: OLD BUSINESS -- None.
dTEM 7: NEW BUSINESS -- None.
ITEM 8: PENDING ITEMS -- None.
ITEM 9: REPOIYTS
PLANNING & ZONING COiVIMISSION MEETINU
NOVEMBER 8, 2006
PAGE 9
9-a. City Council -- Council Member Ross reviewed the action agenda of the
November l, 2006 council meeting which was inciuded in the packet.
9-b. Borough Planning -- No report.
9-e. Administration -- Kebschull reported the following:
• Action on the moblle home park code amendinents had been postponed
to the November 21, 2006 council meeting in order for administration to meet with
mobile home park owners to review the ordinance. A substitute ordinance may be
prepared in response to the meeting.
• The Lowe's plat is being fast-tracked to get the project moving. Lowe's is
hoping to break ground in May.
~ Administration met with court house expansion project represeutatives.
The project is hoped to break ground in the Spring and the building completed next
summer.
• She received a preliminary site plan for development of a box store and
Aspen Hotel beside the Three Bears property.
• Suggested a work session on the miYed use zone (identifying an area of
the eity that could be rezoned) be seheduled for the first ineetin~ in January.
Commissioners had no objeetions.
ITEM 10: PERSONS PRESENT NOT SCHEDULED
John Iiammelman - Mr. Hammelman commented on his participation in the meeting
froin the audience side instead of as a member of the Commission. I-Ie complimented
the Commission on their interaetion with the public: hearing results; and, the City's
great staff and council.
ITEM I1: INFORMATION ITEMS
11-a. Planning Commission Roster
11-b. Zonin~s Bulletin (10/10/06 & 10/25/06)
11-e. Reappointment letters (Bryson & Wells)
ITEIVI 12: COMMISSION COMMENTS & QUESTIONS
Commission members welcomed Lewis as a member of the Commission.
ITEM 13: ADJOURNMENT
IvIOTION:
Corrunissioner Fuliinek MOVED to adjourn and Commissioner Wells SECONI3ED the
motion. There were no objections. SO ORDEITED.
PLANNING & ZONII~IG COMMISSION MLE'IING
NOV~MBFR 8, 2006
PAGE 10
There being no further business before the Commission, the meeting adjourned at
approximately 8:20 p.m.
Minutes prepared and submitted by:
Carol L. Freas, City Cierk
PLANNING & ZONING COMMISSION MEE'I'ING
NOVEMBER 8, 2006
PAGE I1
~-I
Kenai Community Library Monthly Report
November 2006
October Circulation Figures
Adult Fiction 1603 Internet Access 1086
Adult Non-Fiction 1493 Music 203
Periodicals 57 Puzzles 12
Juvenile Piction 4'79 Videos 863
Juvenile Non-Fiction 240 DVDs 1073
Easy Fiction 1494 Audio books 221
Easy Non-Fiction 308 Miscellaneous 28
Interlibrary Loan 39 Computer Programs 51
~ Total Print 5,713 Total Non-Print 3,537
Total Circulation 9,250 Internet Express Use 978
Total Catalog Searches 7,147 Library Patronage....... 8,134 Persons
Circulation figures for October were 5% mare than those in October 2005. The year-to-
daTe figares are running 3% higher than last years' numbers. The number of people who
waited for computers this month was 38.
The Bill and Melinda Gates Foundation has issued a report entitled "Long Overdue: a
fresh look at public and leadership aYtitudes about libraries in the 215t cenfury." I am
including a two page summary of the 81 page report. The entire report is available online
at www.publieagenda.org (see center eolumn and choose the study "lang overdue."
The reporC shows a roughiy stable number of library construction projects over the last 34
years, with an increase of 24% in the numbex of addition and remodeling projects a~id a
decrease of 10% in new buildings.
Julie Niederhauser has been accepted in to a very competitive MLIS program aY the
University of Wisconsin that will provide her with tuition, a scbolaxship, a laptop
computer and prinCer and trauel expenses to atfend the American Library Association
Conference. Congratulations Co Julie for taking positive steps in continuing education and
for this fine achievement. Julie will attend a catalo~in~ workshop with a zippy title
"Book Blitz." It was the first one that we could re~ister her for since she took over
cataloging (there was an earlier one in New Zealand, which she was willing to go to,
but...). This workshop is conducted in Florida.
We have partnered with the Kachemak Bay Campus of Kenai Peninsula College to
participate in the `Big Read" project. The Big Read is a new national, community-based
program sponsored by the National Endowment for the Humanities in partnership with
Arts Midwest and the Institute of Museum and Library Services. Activities are will be
scheduled fxom April-June 2007 related to the novel, The Joy Luck Club by Amy Tan.
~ ~ ~~ IMTEROFFICE MEMORANDUM
K 1 ~' l l
P~ li 1 ~
Date: November 15"' 2006
To: City Manager
From: Fire Chief Tilly
Subject: Midmonth report
Runs for the timeframe of 10-15 to 11-15:
Run total for the year 1117 runs
Total last year at tnis time 1064 runs
Last 30 days 121 runs
Summary of activities for Iast month:
1) Fuli response fire drill to Sears Elementary
2) Multiple fire prevention visits and tours
3) Taught a Community Emergency Response class for local citizens
4) Assistant Chief attended a 40 Incident command class
5) Participated in Mass Immunization planning
6) Continued work on the City Emergency Operations plan
7) Two members attended the EMS symposium in Anchorage
8) Administrative assistant Holleman attended ICS training in
Soldotna
9) BC Coon attended training meeting in Homer
10) Two (2) members attended and passed a firefighter II program at
PRISM
11) One (1) member tested for paramedic license
12) Attended KPEMS Council meeting
13) One {1) member attended ARFF Work group meeting in Dallas
14) Multi Company drill training for 12 lead EKG
f ~~~~\
. _- _~ 1
\ t{fe cifv of //
~I/it~ar~e wit~r a P~sf Gity wit~t a Futu~°e„
210 Fidalgo Avenue, Kenai, Alaska 996ll-7794
Telephone: 907-283-3692 / FAX: 907-283-3693
MEMORANDUM
To: Rick Koch, City Manager
From: Robert J. Frates, Pazks & ReareaTion Directo ~f
Date: November 14, 2006
RE: Mid-Month Report
A total of 125.75 hours were booked at the Ct~nocoPhillips/City of Kenai Multi-Purpose ~acility
during the month of October. T2us is an increase of 20 hours from October 2005. November's
bookings are solid as well. The number of users thus far has probably curtailed any vandalism.
Work is in progress to place the wazming shack heaters and lights on a motion detector system in
order to assist with cost savings. Work should be completed in netct few days.
The department has had the luxury of a community service volunteer for a couple weeks, in
addition to three KCI~S students. The community service volunteer has been able to offset some
of the post-season workload and assist other departments as needed.
The director attended a two-day training class (Microsoft Project) in Anchorage October 30~' and
31~` along with three other department heads. Tasks and various projects are being entered
through use of software to allow for better tracking and planning purposes.
The department's Groundskeeper, Andy Brailey, wiIl be out for medical reasons until the end of
November. John Btandenburg has been brought on temporarily to assist during his absence.
With the assistance from StreeY Department personnel, new street banners were installed along
the Spur Highway through town along with winter pole decorations. Kachemak Electric will be
repairiag transformers not woriang.
White lights were put up in a variety of areas throughout town including Leif Hansen Park,
Library, and City Hall. The Visitors Center is scheduled to receive lights as well.
Trail grooming equipment has been serviced, markers ready, and bridges covered in the event of
snow. Unfortunately, we have not traditionally had sufficient snow coverage in recent years
until late December to mid-January.
AAonthlv Report For November 21. 2006
Keith Kornelis. Public Works Manaqer
Ullater Svstem Improvements: Hattenburg Dilley & Linnell (HDl} took water weli samples on
September 21. There are 50 samples on their spreadsheet and 17 are under the MCL of 10 ppb for
arsenic. They are working on an analyses report.
Arsenic Compliance: DEC has deveioped a request procedure for Arsenic MCL exemption.
Well No. 2 Treatment: Orca Water Technologies submitted their report on color removal at Well 2. The
ne~ step is a larger scale pilot test to determine the treatment process. This is our only well that is
below the MCL for arsenic. It is also our highest producing welL
Set Net Drive. McCollum Drive / Qiiak Drive, & Analer Drive LID's: The design consultant is working
on the reduced project scope to lower the cost of these projects. McCollum/Aliak is in the engineering,
surveying, and ROW stage. The preliminary assessment role for Angler Drive has been given to the city
clerk. The pian is to have all of our paving projects bid-ready for early construction ne~ year.
Shamrock Circle LID: We have not received a reply from the property owners about allocation
methods.
Wal-Mart and Lowe's: i have been working with Lounsbury and Associates and their sub-consuitants
(Shannon & Wilson) on these two important retaii developments.
Kenai Bank Stabilization and Coastal Trail: I am working with the Corps and their consultant. We are
waiting for utility costs to add to the estimated value of city's infrastructure improvements Iost over the
next 50 years if the bluff erosion is not stopped. R& M Engineering is in Kenai drilling monitoring weils.
New Street Liahts: HEA did not install the meter loops or underground lines that are needed for some
new streetlights.
Boatinq Facilitv: The Boating Facility has been winterized. The gate will remain open until iY snows.
Plew Soccer Fields: Our street crew did a littie more in-kind work before stopping for this season. QAP
is shut down for the winter and no longer delivering material from the airport project to the new soccer
fieids.
KRSMA Board Meetinp: There is a special KRSMA meeting on Saturday, November 18, at 10:00 a.m.
at the KPB Conference Room A. The agenda includes the DEC proposal to list a section of the Kenai
Rivee as impaired and fecal coloform contamination in the Kenai River. There are some very hot topics
(including raising the horsepower limit from 35 hp to 50 hp being discussed at every meeting now.
KPB Landfill Leachate: I am working on a new agreement with KPB that allows the city to take their
leacheate waste from their landfili. Our existing agreement allows the city to take their wash-down water.
YVildwood Water Main: I am working with the State Department of Corrections on an MOA to construct
a new water main from Redoubt Avenue to Wildwood. The state is planning on giving the city money
construct this new water main. We want the new water rnain to run ne~ to our city property that is being
considered for Frontier Community Services.
City Emerqencv Operations Plan. EOP: The Fire, Police, and Pubiic Works are working with Nuka
Research & Pianning Group on a citywide EOP.
NPDES: Still waiting on EPA and DEC for approval of our new permit.
Memorand~um
To: Rick Koch
From: Jason Steen, Econ. Dev. Project Director
Date: 1 I /15/2006
Re: Monthly Report
Hiahii~hts of Monthiv Activitv
Continued involvement in EducaTion and WorkfoxceDevelopment sub-committee meetings
Minutes/agendalcontact list for KfiDS Action Team
Assisted R. Welle with some research on waterfronY developmeut projects
VISTA Quarterly Report
Researched "Junk and Debris" temvnology and resolutions to gain example resolutions from other
communiries throughout the U.S.
Assisted Quality of Life sub-committee with an `Old Town' meetin~
Met with G. Ford to assist with moving some historic cabins Yo a new location. It was requested that
I help wiYh general aspects as well as assist in the future with attempting to find funding sources foc
this project.
Had meeting with VISTA Regional Director, site visit
Researched for City Manager some statistics of the local impact of our fislring, oil and gas indusisies.
Conrinued improvement efforts for future presentation of Millennium Square presentation
~
Municipal .4erport
Projects:
Airport Manager's
Monthly Report
tdovember 15, 2006
General Aviation Parkinq Lot - Weather and the runway project contractor's decision
not to do any rotomill work this fall made it impossible to complete the work on this
parking lot. The lot has been opened for use until next spring at no charge to the users.
Once the runway project starts up and we have the material available and we will
complete this lot and charge parking fees.
Runwav Improvement Proiect: Quality Asphalt has completed the majority of the first
phase of this project with the most noticeable improvement being the 1000 foot
lengthening of the float plane landing area. The contractor is shutting down for the
winter months with construction anticipated to resume in March or April.
Air Fair 2007: The runway and float plane basin construction projects will conflict with
the annual Air Fair. The Airport Commission discussed the need to continue the event
- particularly the pilot Fun Run as we are attracting more and more pilots from around
the State and skipping a year would set that progress back. The current plan under
discussion involves holding the Pilot Bar-B-Que at the south end of the airport at the
CAP or SOAR hangar and reducing the static displays for this year only. The ramp and
taxiways near the Operations Facility will not be available due to the construction
project. The Airport Commission will continue to work with the Air Fair Committee to
ensure a successful event.
Restaurant RFP: A Request for Proposal for the restaurant concession in the airport
terminal is currently being advertised. The current timeline calis for proposals to be to
the City by December 12. The Administrations recommendation for Council award is
scheduled for the December 20~h Council meeting with the new contract going into effect
on January 1, 2007.
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MEMORANDUM
To: Rick Koch, City Manager
From: Rachael S. Craig, Senior Center Director
Date: November 15. 2006
Subject: October Monthly Report
Total number of days rented in August 2006:
Total October Meai Count 2006 Served:
Total Congregate Meals Served: 1,450
Total Home Meals Served: 1,767
Total Non-Seniors: 10
Total October Meal Count 2005 Served:
ToTal Congregate Meals Seived: 1,263
Total Home Meals Served: 1,299
Total Noiz-Senior Meals: 7
We had a total of 955 volunteer hours for the month of September.
Public health nurses administered flu shots on Tuesday, October 17. 250 people reeeived
flu shots.
Thirieen K. P. C. beginning art students and seniors began their intergeneralional drawing
project. They will have 3 art sessions at the senior cenYer and the final drawings will be
presented at the art exhibit/open house on Deeember 3 from 2- 4p.m.
October was a month for celebrations. We celebrated OkCoberfest at our mon2hly
birthday party. Traditional German food and music was provided. Then on the 31St we
had a Halloween Party with the seniors wearing very creative costmnes.
A new singing group has been formed. They have started practicing wcekiy and are
hoping to be prepared to sing during Christmas at the Senior Center and around the
community at various agencies.
The Float Committee has been busy creating our "Chrisfmas Comes to Kenai" Floa2. It is
~oing to be terrific and I am sure we will take the show!
~f
rc~~~ pouce u~~~t~,t
mor ndum
To: Rick Koch, City Ma.nager
From: Chuck Kopp, Chief of Police ~,~
Date: 11(16/2006
Re: October 2006 Report
Overview
The Police Department responded to 703 calls for service, and the Communica~ions
Department answered 96 e9-1-1 calls.
There were 22 motor vehicle crash investigations, 4 of which involved injuries. The
leading cause of reported crashes was animal action (moose), followed by driver
inaf.tent~on. Officers wrote 410 reports, made 89 arrests (10 DWI) and issued 50 traffic
citations.
Training
Communications Department personnel attended a seazch and rescue seminaz sponsored
by Alaska 5tate Troopers and Civil Air Patrol to cover resources auailable to dispatch
services during S&R incidents.
Sgt. Sandahl attended a 3-day Crime Prevention Conference in D.C. for Boys and Girls
Club/Law Enforcement partnerships. Soys and Girls Club funded this training.
Officers Langseth and George attended a 3-day D.A.RE. in-service training seminar.
Officers Miller, Langham and Sjogren attended a search and seizure class in Anchorage.
Officers Whannell and Turnage were recertified as Meth Lab responders.
Ail officers received in-house training from District Attorney 7une Stein on recent state
and federal legislation changes.
Chief Animal Control Officer Stringer attended a Euthanasia Certification class.
Chief Kopp attended the International Association of Chief's of Police conference in
Boston.
Officer Aaron Turnage was reassigned to the mnlti-agency Peninsula A.B.A.D.E team.
The department hosted a statewide 3-day submachine gun course.
• Page 1
ANIMAL CONTRl7L
October 2006
1NTAKE DISPOSITION
STRAY: 104 ADOPTED: 52
Dogs 53 Dogs 25
CaYs 32 Cats 25
Other Animals 19 Other Animals: 2
RELEASED BY O\~VNER: 105 CLAIMED: 36
Dogs 64 Dogs 16
Cats 40 Cats 3
Other Animals 1 Other Animals 17
D.O.A.: 9 EUTIIANIZED: 120
Dogs 6 Dogs 76
Cats 3 Cats 44
Other Animals 0 Other Animals 0
WII.DLIFE RELEA5E 1
BORO ANIMALS 104
TOTAL DOGS 122
TOTAL CATS 75
TOTAL OTHER t1NIMALS 20
Field Investigations 78
Volunteer hours 163
Tota1 phone ca11s 914
Kenai Code Enforcement Officer Summarv Report -31 October 2006
Period: CEO Cases PendinQ: New CEO Cases CEO Cases Closed
O1 to31 October 30 8 g
Cases Closed
Municival
2- TrashJDebris
2- Junk vehicles
2- Commercial Building MaiuCenance
2- Operating a Business Wlo Permit
KPD Incidents
3- Abandoned Vehicles
Citations Written:
S'+ro~R:t"7 ~fwnp.~. d~,t ~ ~+`~a
2- Junk Vehicles (not served, PO-OOA)
1- Commercial Building maintenance
Court Apoearance:
None
Imoounds:
1
~1 - ~Q--~
Robe~J.` eterson, K40 '~
Kenai Code Enforcement Officer
/l~i`~l~~e ~~t~ ~ ~~as~ ~~ ~ r,~~~~ E `~
;~~,~ ;`. 210 Fidalgo Av~;n!~e, Kerrai, Alaska 99n11-7794~
~ ~ ~ ~ T~iephone: (907) 283-7a35 / Fax: (9~17} 2£33-30 ;~
~ ' ~: ti~-
~ ~~ www.r,i.ken~~.<~k.us
FROM: Carol L. Freas, City Clerk
DATE: November 7, 2006 ~
KE: COUNCIL MEET7NG TELEPHOhTZC PARTICII'ATION
Ordinance No. 2130-2005, the initial amendment to the Kenai Municipal Code and
adding KMC 1.15.130 to allow telephonic participation by council members at city
couneil meetings, was passed November 2, 2005. Ordinance No. 2168-2006,
amending KMC 1.15.130, was passed July 19, 2006.
My records indicate a request was made after the passage of Ordinance No. 2130-
2U05, to bring the ordinance back for review in one year. As requested, a copy of
Ordinance No. 2130-2006 is attached for your review. A copy of Ordinance No. 2168-
2006 is also attached.
Clf
Attachments
SUBSTITUTE "A"
Suggested by: Councilor Molioy
CITY OF KENAI
ORDINANCE NO. 2Y68-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1.15.130 TO ALLOW COUNCIL MEMBERS TO TELEPHONICALLY ATTEND UP
TO TWO (2) ADDPI'IONAL COUNCIL MEETINGS DURING A TWELVE (12) MONTH
PERIOD IF THE MEMBER IS PHYSICALLY UNABLE TO ATTEND DUE TO THE NEED
FOR EXTENDED MEDZCAL C[1RE AND TREATMENT OF THE MEMBER OR THE
MEMBER'S IMMEDIATE FAMILY.
WHEREAS, Section 2-7 of the Kenai City Charter states a Council Member shall cease
to hold office if the member misses more than one-half of the regular and special
meetings within a three-month period; and,
WHEREAS. KMC 1.15.130 allows a Council Member to attend up to two (2) meetings
telephonically during a twelve (12) monkh period beginning on November 1 if the
member is physically unable to attend; and,
WHEREAS, telephoruc attendance at various meetings, both in the public and private
sectors, is increasingly allowed; and,
WHEREAS, even after allowing for two (2) meetings being attended telephonically
under KMC 1.15.130, an eatended illness of a Council Member or the member's
immediate family member can require the member to be physically absent from more
than one-half of the regular and special council meetings within a three-month period
due to the need for extended medical care and treatment of the member or the
member's immediate family; and,
WHEREAS, it is good public policy to allow and encourage Council Members to help
provide care and support for immediate family members when they are suffering from
an ezctended illness; and,
WHEREAS, providing for an additional two (2) meetings to be attended telephonically
during a twelve (12) month period not oniy would pernut the member to retain a
council seat while dealing with medical care and treatment for an eactended illness, but
also wouid allow the member to be more effective for the public than if additional
telephone participation were not allowed; and,
WHEREAS, the councll recognizes that it is vital to have its members physically
present enough in the community to effectively interact with the community members
and learn the needs and problems of the community and their constituency; and,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 1.15.010 is amended as shown on Attachment A.
Ordinance No. 2168-2006
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19~ day of July,
2006.
~~ r~~~
PAT PORTER, MAYOR
ATTEST:
C~~c.~~`,~i~' ~t~r/
Caroi L. Freas, City Clerk
Introduced: May 17, 2006
Second Reading June 7,2006
Third Reading June 21, 2006
Fourth Reading July 19, 2006
Adopted: July 19, 2006
Effective: August 19, 2006
1.15.130 Telephonic participation.
(a) A member of the Council may participate via telephone in a Council
meeting, if the member declares that circumstances prevent physical attendance at
the meeting. If the Mayor chooses to participate via telephone, the vice-mayor or
presidenf pro tempore sha11 preside.
(b) No more than the first two (2) members to contact the Clerk regarding
telephonic participation in a particular meeting may participate via telephone at any
one (1) meeting.
(c) The member shall notify the Clerk and the presiding officer, if reasonably
practicable, at least twenty-four (24) hours in advance of a meeting that the mernber
proposes to attend by telephone and shall provide the physical address of the
location, the Yelephone number, and any available facsimile, email, or oYher
document transmission service.
(d) At the meeting, the Clerk shall establish the telephone connection when the
call to order is imminent.
(e) A member participating by telephone shall be counted as present for
purposes of discussion and voting.
(~ The member participating by telephone shall make every effort to
participate in the entire meeting. From time to time during the meeting the
presiding officer shall confirm the connection.
(g) The member participating by telephone may ask to be recognized by the
presiding officer to the same extent as any other member.
(h) To the extent reasonably practicable, the Clerk shall provide backup
materials to members participating by telephone.
(i) If the felephone connection cannot be made or is made and then lost, the
meeting shall commence or continue as scheduled and the Clerk shall attempt to
establish or restore the connection.
(j} Meeting times shall be expressed in Alaska time regardless of the time at
the location of any member participating by telephone.
(k) Participation by Yelephone shall be allowed for regular, special and wark
session meetings of the Council.
(1) Remarks by members participating by telephone shall be transmitted so as
to be audible by all members and the public in attendance at the meeting, provided
Ordinance 216&2006 Attachment A
Substitute A Page I of2
that in executive session the remarks shall be audible only to those included in the
executive session.
(m) As used in these rules, "telephone" rneans any system for synchronous two-
way voice communication. "Mayor" includes the vice-mayor or any other member
serving as president pro tempore.
(n) Each Council member may attend a maximum of two (2) meetings by
teleconference during the twelve (12) month period starting November 1 of each
year.
(o) A Council member may aYtend an additional two (2) meeCines bv
Yeleconference during a Cwelve (12) month period starting November 1 of each vear
if the member declares that he/she is physically unabie to attend the meetin dg ue to
the need for extended medical care and CreatmenC of Che member or member's
immediate familv.
(p) In this section. "immediate familv" means the spouse of the~erson another
person cohabitatine with the person in a conjueal relationship that is not a legal
marriape, a child (includine a stepchild or foster child) of the person, aparent,
siblin~, ~randparent, aunt or uncle of the person, or a varent or sibiine of the
person's spouse.
~ Council members are responsible for any telephone long distance chazges
incurred due to cheir participation in a meeting via telephone unless they are absenC
from the community on City business. A Council member is not considered to be
on City business merely by attendance at a Council meeting via telephone.
Ordinance 2168-?A06 Attachment A
Substitute A Pa~e 2 of 2
Suggested by: Councilman Joe Moore
CITY OF KEIVAI
ORDYNANCE NO. 2130-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 1.15.130 ENTITLED "TELEPHONIC PARTICIPATION," WHICH ALLOWS AND
ESTABLISHES RULES FOR COUNCIL MEMBERS TO TELEPHONICALLY
PARTICIPATE IN COUNCIL MEETINGS.
WHEREAS, currently the Kenai Municipal Code does not allow for telephonic
participation at Council meetings; and,
WHEREAS, Alaska Statute 44.62.310(a) allows for telephonic participation by Council
members at a Council meeting; and,
WHEREAS, allowing telephonic participation by Council members would increase
participation by allowing members to take part in meetings when work or family
matters require their absence from Kenai; and,
WHEREAS, limiting telephonic participation to two meetings in a twelve-month period
would prohibit a member from abusing the ability to participate telephonically; and,
WHEREAS, Alaskan communities such as the City of Soldotna, the City and Borough
of Juneau, the Ketchikan Gateway Borough, the North Slope Borough, the City of
Homer, ihe City of Wasilla and the CiYy of Whittier a11ow telephonic participation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 1.15.130 is enacted as foilows:
1.15.130 Telephonic Participatioxi.
(a) A member of the Council may participate via telephone in a Council
meeting, if the member declares that circumstances prevent physical
attendance at the meeting. If the Mayor chooses to participate via
telephone, the vice-mayor or president pro tempore shall preside.
(b) No more than the first two members to contact the Clerk regarding
telephonic participation in a particular meeting may participate via
telephone at any one meeting.
(c) The member shall notify the Cierk and the presiding officer, if
reasonably practicable, at least twenty-four hours in advance of a
meeting that the member proposes to attend by telephone and sha11
provide the physical address of the location, the telephone number,
and any available facsimile, email, or other document transmission
service.
(d) At the meeting, the Clerk shall establish the telephone connection
when the call to order is imminent.
INFORMATION ITEMS
KENAI CITY COUNCII. MEETING
NOVEMBER 21, 2006
11/17/2006 Purchase Orders Between $2,500 and $15,000 for council review.
2. 10/31 /06 B. Huffman, FAA letter of appreciation for Alaskan airports with air
traffic control towers.
3. 11 /9/06 Kenai River Special Management Area Advisory Board Meeting Agenda
and minutes of the 10/ 12/06 meeting.
4. 11/1/06 L. Semmens memorandum regarding PERS and the Buck Consultants
report.
5. 11 /2006 Kenai Chamber of Commerce Newsletter.
6. 11 /7/06 M. Joiner, Library Director memorandum with comparison of
registered Kenai/Borough borrowers of library collection.
7. 11 /8/06 D. Reynolds letter requesting provisions for seniors with fised income
related to water/sewer costs.
8. 11 / 14/06 F. ArUelovsky, Kenai Senior Connection letter regarding Assisted
Living Project.
11 / 15/06 October Airport Monthly Enplanement & Float Plane Basin Activity
reports
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U.S. Department
of Transportation
Federal Aviation
Administration
OcCOber 31, 2006
Mr. F3yron K. Huffman
FAA, Airp~rts Division, AAL-600
222 West 7`~ Ave.; #14
Anchora~e, AK 995I3-7587
To: Airpoit tVlana~ers
A(askan Reyion
~
222 NJ. 71h Avenue tr14
Anchorage,Alaska
99513-7587
Subject: LetYer ~f Appreciatzon for ftlaskan Airports with Ai,r Traffic Control Towers
We ap~i'eciate the Yremenclous efforts the Alaskan Airports with Air Traffic Control towers hav~
Caken over the past 24 months to i~uprc~ve the Vchiele Pedestrian Deviation (VPD) program at
each ait7~ort. T1~re dedication, motivation and leaciership you all'have exhibited by in~plementinb
an airport driver training program, installing new airport signage and teucing, and/or new
security measures are some of 4he actzons that have been very instcumenta.) in red~ucing the ~
number of VPDs aeross the Alaska re~ion and tl~~e nation. Tk~is is especially noteworthy since
the Alaskao IRegion has not experierlced a repa7~abtc VPD ~neident for 12 cansecutive mor~ths,
which coutri(~uted Yu the ~latio~~al aoal of noY exceec~iri~; a total rrumbrr of 57 VPDs (surface
incidents} foi~ fiscal year 2006.
We know tlre VPD progcan~ will consta~xtly present challenging issues; however we have~ the
greatesP c~ilfidence Yhut tl~e profeesional and dedicated staff at each Alaskan airport will work
those issues with very posiCive results. Again, please pass om- appreciati~,n t~o the airpor[
m~iiagement staff and other air~ort usez~s '(~or their outstanding efForts in rerlucii~g VPDs over the
past 12 months.
Sincere(y,
ro {.I-Iu~Pfinan
egion Division Manager
FAA Alaskan Airports Divzsion
Cc: Mr. Morton 1'lumb, Ted Stevens Anchora;e Tneernational Air~»rt Maalager
Miss Rebecca Cronkhite, Kenai Municipal Aiiport Mana~er
Mr. .Tesse VanderZanden, FarrF>anks InCernational Airport Manage,r
K~17N' R'V~R
! ~Special h9anagement Area
"Working together...fo~ the river"
0
,~, ~,~e~~c°~~ 3~~~~-~,
~(J ~. ~ ~ i o vr~s ~v
**Tentative Meeting Agenda**
Kenai River Special Management Area
Advisorq Board
F~~.~..
t __
r,.
Thursday, November 9, 2006 = • -
5:30 p.m. `
Kenai River Center ,` F~
,;F.
I. CALL TO ORDER ~
A. Roll Call -
B. Approval of 10/12/06 minutes
C. Agenda Changes and Approval
II. PUBLIC COMMENT
A. Kenai River Bridge Update - Matt Coullahan
III. NEW BUSINESS
A. Introduction of New Board Members - Ken
B. Goals for 2006 - 2007 - Jack
C. Horsepower Regulation Package and Public Review
Document - Jack
IV. OLD BUSINESS
A. Boat Wake Study Report - Brenda/Jack
B. Kenai River Center Update - Pam Russell
C. Competitive Recreational Permits Kenai River - Jack
D. Guide Advisory Board Update - Joe Connors
V. ACTION ITEMS
A. Resolution: Support for the funding of the Kenai River
Photogrometry Study
VI. PU~LIC COMMENT
V 11. ADJOURIdMENT
A. Board Comments
B. Date~Agenda of Next Meeting
~~; ~
Kenal Area Oftice Box ?247 Soldofna, AK S96o9, Soldotra 262-558~ '~ ~
~~i ~ Kenai Paninsula Borough, Box B50, Soldotna, AK 99669, Scltlotna 262~daa+
~" Alaska ~Ivis~ion o! Parks and Outdoor Recrea!ion, Departmen~ ol NaNra; Resou~cas In coo0eratlo~ w':~ the Ksra Fxninsule BwougR
_-~~~`~
Kenai River Special Management Area
Advisorv Board
Minutes
Thursday, October 12, 2006
5:30 p.m.
Kenai River Center
I. CALL TO ORDER
A. Call Roll
Mernbers present: Joe Connocs, Ted Wellman, RichardDykema, Floyd
Heimbuch, Ken Lancaster, Dick Hahn, Pete Sprague, Rick Wood, Keith
Korneiis, 7eni Bvans, George ~ap~as for Tom Vania, .iack Sinclair, Tizri
Sfevens
Members Absent: Brenda Trefon, Ted Forsi, Robin West, Jeff King
B. Approval of 09/14l06 minutes
The minutes were approved as written.
C. Agenda Changes and Approval
Move item A. DEC presentation from new Business to item C. after Mary
Kiug. Also add item for nomination of 'rnterim Vice Chair since Jeff King's
seat has been vacated. This would be until new members are appointed to Che
vacant seats. Agenda approved as amended.
II. PUBLIC COMM~NT - see below
A. Kenai River Bridge Update-Matt Couliahan
Matt reported they are still working on t~he insufficienC cambers on the
girders. They are procuring materials for the fix. Once those materials
arrive they will be working 7 days per week. They are anticipating
opening the new bridge the week of Thanksgiving. Flans are io remove
fhe temporary bridge by Christmas. Matt said if the weather cooperates
they wi11 have the road stripes in before winter steps in. Dick Hahn
asked about the undulation he is seeing longitudinally as well as
transversely across Che bridge. Matt explained there is a slight twist in Yhe
girders but the main camber problem is being fixed. When the form work
is set in they will work on this from the top down. In those areas there
will be angle iron welded into the sides of fhe girders which was plamie3d
originaliy but now ~vi'il be slightly varyin~ lengths. This way the bridge
deck wi11 be all the same distance. ~
B. Mary King- Kenai River PhoCogrametry Sfudy
Mary did a power poinY presentation on the different aspects of
photogrometry. This project has been ongoing since 1998. The
Department has put in motion some research to assess the Kenai River
watershed using an aerial photogrometry approach. What is
photogrometry? It is measuring the landscape using aerial photography.
But in order to make accurate measurements then you need to orthorectify
that photography or correct iY to scale. Witfiin a photo you can draw
polygons around it sucl~ as tl~e area of Tern Lake as sliown on the pp., or
you can have two points on a photo and you can accurately measure the
distance between Yhose two points if yotii have orthoreetified photography.
The goai of the project was to inventory KR habitat and moniYor those
habitat changes for Che lower 50 miles of the Kenai River.
They began Chis process in 1998 working wiYh AeroMap. WanYed to
evaluaCe the KR in two ~eriods of time: retatively low recreation use and
in higher use. For the feasibility study two secYions of the river were
done. They picked areas tbat were geologically different. River 16 to 21
was seleeted because there is some urban development going on, being
geolo~ically more suseeptible to erosion. They also looked at areas near
the Soldotna Airport. Geolo~ical development is less susceptible to
erosion because if is a highly armored channel, bouldered, deeply incised,
does not move around very much. Doing these two areas checked the
technology in different situations They looked at bank position change in
three periods: 1975 to 1985; 1985 to 1998 ; and tl~en 1975 to1998. She
showed graphs of Che differences in the years.
Bank positions were then measured from Che different periods. Rates of
erosion of 4 to7 feet were shown in each period. On ground there was 15
feet of change. In some specific situations you can detennine cause and
effecf relationships of whaf is going on in the river.
Another produet is a ptanomefiic map looking at percent cover by cover
class. In some cases you could sl~ow net gain and nct loss but you need to
look at the transition as~opposed to jusf the assumption that there wiii
always be a loss. Desk top availability of digital orthophotography is
another ~roducY. The ability of planners, peimitters, resource managers to
take a n~ap, open it up in ArcView and blow it up as much as you wanY to
look at an area. It gives you an ability to establish a baseline study as well
as looking back n1 time. This tool will be important for future
monitoring of the river. It is the hope of the Department photo shoofs will
be taken on 10 year intervais. Phase II is river wide assessment LefY to
do is to get the 75 and 84 photo sets eompleted and Yhen do Che cover
assessmenYs and bank position chan~e assessment.
Mary stated they need money, parYnering, funding. It eosts about ~350k to
complete Yhis project. There is a partner willing to put forward 33 to 50%
Kenai River Special Management Area Advisory Board
Minutes - Oetober 12, 2006
Page 2 of 30
of that money, but They need other partnering to make that happen.
Endorsements by this board wouid help to get funding sources.
Dick: Could you see the effects of the 95 flood? Mary: There were a set
of photos coincidentally taken just before the flood and another set
intentionaliy taken after the flood. Vlary said for a price it can be done.
IIL NEW BUSIN~SS
A. DEC Presentation - Lynn Kent, Direcfor of Water Division. The peer
review data collected does show that the lower river exceeds our wafer
qualiYy standards for peYroleum during the month of July. The data is
elear that the source is boats. It is not storm water, or permitted
discharges or other types of sources on the river. She said they are sure
they have a peCroleum probieni that will exist regardless oi what kinds oi
acrions we might take on the horsepower issue. DEC said the intent at the
Septenlber 28`h nleeting was to inform the board about the petroleum
issue, and not to take apposition on the horsepower issue. Lynn said DEC
is staying neutral on that She said they feel the HP issue is one small
factor among many other factors that this board needs to grapple wiYh
when considering horsepower chan~e.
Lynn asked the quesfion: ~"Wbat is DEC going to do abouf fhe petroleum
issue?" The board was supplied wiCh a letter from DEC dated October 11,
2006 ouYlining some of the possibilities. The Clean Water Act Section
303(d) requires a formal listing of waters that do not meet the Water
Qualify Standards (WQS) referred to as "impaired waters". The
standards are designed Yo protect use of fhe water for drinking, use of
waCer for contact recreation such as swimmiilg, use of the water for
agriculture and most importantly to the Kenai River to protect the growth
and propagation of aquatic life. The date collected showed we are noY
meeting those standards for TAH (Total Aqueous Hydrocarbons) in the
lower river each July. Every two years DEC develops a report that looks
at the health of all c~f Alaska's waters. The report is called the Integrated
Water 2ualify Manit<~ri~ig and Assessme~7t Report. Tiiat report will be
issued in draft in the next month or two for public review. They are likely
to formally propose to list the Kenai River as impaired for petroleum in
those areas of the Iower river where there are exceedances for the month
of July. EPA has review and approvai authority over DSCs list, so if DEC
does not list the lower Kenai River it is likely EPA would.
Lynn said the horsepower issue is a facCor in how much petroleum gets
into the river buT there are a host of other that need to l~e looked aC. They
include looking at 2-stroke vs. 4-stroke motors, number of boats, how the
boats are used, timing of boat use and even the nature and type of fuel
used here in Alaska. She said DEC wanYs to work with the board, river
Kenai River Special Management Area Advisory Board
Minutes - October 12, 2006
Page 3 of 30
users, the public and resource agencies when those options are considered
to come up wiYh some methods on how petroleum can be reduced in the
river. l~EC expecYs it to be a long Cerm process. The petroleum probiem
in the river does not and should not preclude the board and DNR from
considering the horsepower changes at this point in time.
There was discussion and questions from the board members For Lynn and
other DEC representatives at fliis time.
II. PUBLIC COMMENT
John Neison: Came Co share a couple of sentences from a book given to
him by Ricky Gease courtesy of KRSI. "King of Fish, The Thousand Year
Run of Salmon" The author is David Montgomery, Professor of
Geomorphology at University of Washington. His research focuses on
landscape evolution including the in~pact of erosion and sedimentation on
biological systems. "Salmon are trapped between human population growth,
economic development, degradation of environmental quality and the politics
of public policy. The King of Fish once filled rivers across Europe and NorCh
America is becoming rare. It is either vanished or disappearing across much
of its ancestral range. Though fhe fate of salmon rests in human hands it is
not clear that we will be able to save Yhem even if our society wants Yo. Part
of the problem lies in conflict beYween the inherent uncertainties oP the natural
sciences and the certainty demanded by policy makers when balancing natural
resouree protection against economic opportunities. But perhaps the biggest
problem lies in the wisdom that individual deeisions accumulate into big
effecfs." ~
Phil North: Asked the board members if they were familiar with a book
called "Salmon 2100". It is about an assessment of the fate of salmon in the
soufl~ern half of its range which is fi-om the Northern Baja to Vancouver
Island. It says basically in the next 100 years you can say goodbye to salmon
in that part of the range. The report was done by the EPA Corvalis lab in
Oregon State University. EPA here has been talking about doing that sanle
kind of assessmenf for the northern range. In order for fliat to happen ihe ~
Corvallis lab has to get direction from high up in EPA for money to be
alloeated for thaY. If this board is interested in that a litCle nudging would
help. Let Fhil know if you wanC more information on where to seizd inquiries.
Dwight Kramer: Asked the board to think about the 2006 comptiant issue. If
if was passed that all motors become 2006 eomplianY immediately it would
fall hard on mom and pop operafions Yhat have 2-cycle eu~iues yet You
would be kicking these people off the river. Now is not the time to make it
more difficult for private boat owners to be accessing the river. Guide
numbers have inereased dramatically in the last two years. Last year we had
23 new ~ower boat guides and this 36 new power boat guides. If shocks me
Kenai River Special Management Area Advisory Board
Minutes - October 12, 2006
Page 4 of 10
Yhat no one is worried about that. As Yhe guide numbers have increased
unguided anglers have decreased. BoaC counts from F&G show that in the last
two years in July guide boats have increased by 11 %, and private boats have
decreased by 1%. In the 90s there was a 50/50 split between guided and non-
guided anglers. In the last 5 years it has been a 60/40 split and this year it is a
62/38 split. Private boaters are diseouraged because of the increase in guide
numbers and the crowdin~ conditions on the river. It seems ludicrous talking
about incorporating a regulation fliat makes it where all boats be 2006
compliant, which boots the mom and pop opetafions off Che water. And at tiie
same time entertaini~lg a motion to raise fhe horsepower Yo 50 under fhe guise
that pollution is fhe problem. And yet 50 horsepower will add to the
pollution. Seems contradictory. It would be reasonable Co look at a 2010
sunset.
Bill Gifford: I had an o1d clunker 35 HP which I participatect in the buybacic
program this year. My fuel consumption has gone down 50%. Being a IiYtle
more aggressive than 2010 to phase out the motors rnighf be better. If you go
to 4he 50 HP that will have more people participating in fhe buyback program.
When I laolc at the guide number increases nearly 20 of the 36 Chis year were
out of state guides. The reason for that was their resources were shut down.
Ken Tarbox: It's a fine mess we are in now. I am mad as helL I have studied
this river for 26 years. Now it's aY risk. The three agencies of the state have
failed us. F&G have fa'rled us and fhey have sYatutoiy authority to look after
the resources. DNR has special tegislatiion, DEC has stafutory authority and
what do we have? A near crisis here and now we will upset the social order
of this community to deal with this fuel problem. Because it is not going
away with just going tQ 50 horsepower. Pm upset with the environmental
groups, the people wl~o speak for habitat on this river who say they speak for
habiCat but in fact do not. The question I am asking you tonight is, instead of
talking about 50 horsepower - which is a miniscule part of Yhe problem of
what is going on in this river right now - but what T am askitlg you to do
tonight is pass a resolution supportii2g the impaired status for this river
fhrough DEC and ~PA so we ean look at it comprehensively. If you look at
t;ze data a large pa;t of ~bis grcrbiem in the low~.- river is 8ie persoral use
fishery. This boarcl has no authority to deal with thaf, as it is a Board of Fish
issue. What we lzave is three agencies sitting out there unilaterally looking at
this river with flieir own agendas and spec~ial interest groups looking at it, and
nobody is looknlg out for ihe best interesY of the river in a comprehensive
way. We should all Ue ashamed of that.
Dick Marshall: We are looking at two issues here. Bank erosion and
hydrocarbon emissions. The real problem is there are too many big heavy
boats. Until we dea] with this, we wi11 be putting out more brush fires.
NEW BUSINESS Continued
Kenai River Special Management Area Advisory Board
Minutes - October 12, 2006 ~
Page 5 of 10
B. Membership-Board ApPointmenf NominaCions - Ken
Ken said Yhere was a work session with the voting members of the board
this afternoon. They went over the many applications and they were
ranked. The list will be forwarded by Jack Sinclair to The Commissioner
who will malce the appointments by the next meetin~. A moYion was made
and seeouded to approve the list be sent to the Commissioner. No
objectione and no further discussion.
C. Public Comment Discussion from 9/28/06 - Ken
Jack sumnlarized the commenfs from the public meeting on the 2g`~
There were 64 online submitYed comments and as we11 as emails and hand
delivered. Of those 64, 45 of those were far the 50 horsepower and other
recommendations of the board. 19 were against. We had 26 public
comments from the meeting on the 28`". Those minutes are also available.
D. Goais for 20U6 - 2007 Jack
This agenda item was tabled until the next meeting.
E. Regulation Process- Jack
The Division of Parks will be puttiug Yogetl~er not just Ci~e regulation
proposal from this board buY others from differenf areas of the staYe as
well. When Che regulation package comes to the board there will also be
other regnlations that will not pertain to the Kenai River. The deadline for
submission of new or revised regulations is OcYober 31s` for thc Kenai
Area. If there are other concerns in any of our Park Regulafions Jack
encouraged the board members to let him la~ow.
F. Derby and Park Use Permits/ Events - Jack
Jack gave the board members a handout~from the K12CMP on derbies.
Some of the events that were going on the river this past summer were
questioned at the lasf ineeting. Would those have been considered derbies.
A derby is defined under a~aming regulation- a tournamenf tbat has
certain monetaiy issues involved. The KRCMP has addressed fhe
nlanagement of derbies. Group use events made by large corporate groups
such as Yhe Kenai River Classic are noC Cenned a derby. Jack asked for the
boards' guidance addressing these large group use pennits. He pointed
out that under the SCate Park Fee sysYem Yhe application fee is $50.
However, the fee can be adjusted according to the degree of management
needed. There should be ceri~ain special stipulations because of the timing
of events, and how they might conflict wiTh generat public use.
I{enai River Special Management Area Advisory Board
Minutes - October 12, 2006
Page 6 of 10
Specifically Tuesdays, Fridays and Sundays to a certain extent as well.
Some of the guidelines being considered are to have the large evenCs
moved to days which are slower on the river. Jack would like to have
more discussion on this before going forward. It could be some
restoration of sonle sort or some way to give back to the river either
edueatioually or Yhrough some conservation. No action needed tonight but
Jack would like to work more on this issue.
Joe Connors: We have a meehanism to deal with this. Look at the
document of May 2, 2006 when we created Yhe guide advisory board, item
number five - commercial use issues - is one of the areas where this body
would get involved. I think Chey could work with the departmenY in
making a recommendation.
Ken: Said the entire board should decide on these issues. All should be
treated fairly.
Jack said he would have draft sYipulaCions to the board before fhe next
meeting.
IV. OLD BUSINESS
A. BoaY wake study reporY-Jack
Nothing new to report. When Che Boat Wake Study is out, the primary
sponsors - DNR, Kenai River Watershed Forum, Kenaitze Indian Tribe - will
take several days to review it prior to its reiease. This is to prepare the
sponsors to answer any questions the public or oThers may have. IY should be
available momenfarilq.
Ted said he wanted to be sure the board members would get a copy prior to
the nexY meeYing, so they can conle prepared with their comments. It needs Co
be delivered expeditiously to the board.
I3. Kenai Y2iver Ceiiter FJpdaCe, F~am Russeli
Pam said they are working on Che conditional use permit af River Quest.
Inspeerions are being done. The newest issue now is the spreading of
herbicides by the railroad along the river. Pam and jack went to a meeting on
YhaY in Anchorage yesterday. It is open for agency and public comments and
they wtll be making comments on that. The estimaTe is Chey would be
crossing over 200 anadramous streams in Che state using three kinds of
herbicides.
C. Coo~er Landing By-Pass update- Pam
Kenai Rivex Special Management Area Advisory Board
Minutes - Octoher 12, 2006
Page'7 of 30
Pam provided the board members with an updaYe of Yhe Sterling Highway MP
45-60 Project. They are down to three alternatives: Cooper Creek, Juneau
Creek, and G South.
D. Guide Advisory Board Applicants -Joe Conners
The Kenai River Guide Advisory Board will consist of nine positions: two
will be selecYed by ADF&G and DNR; two will be Kenai River Guides, Greg
Brush and Cliff Chamberlin; two from the Kenai River Guide Association,
Mark Glassmaker and Monte Roberts; one from a large business/rental boat
business, George Heim; and a eitizen at large filled by Gary Turner; and .Toe
Connors representing this board. Joe asked for approval of the above.
The motion was made and seconded.
V. ACTION ITEMS
A. Appointment of interim Vice Chair
Rick Woc~d nominated Ted Wellinan. Ted said on an interim basis he
would be willing. Motion made and seconded.
Dick Dykema nominated Joe Connors Motion made and seconded. Joe
asked Co be withdrawn in favor of Ted.
Ken asked if there were any objections to Ted being Viee Chair? There
were none. Ted wiil serve as interim Vice Chair.
B. Reconsideration Vote to have all outboards on Yhe used in the
KRSMA be 06 complianf- Joe Conners
7oe said Ted Wellman has a proposal. Ted made the motion to form a
committee as a whole to deal with this DEC issue with regard to fne
petroleum contamii7atio~l. He said it is a very important issue and does not
want to see it thrown by the wayside. We need to start urgently working
on alternatives to deal with the hydrocarbon ievels. 7oe seconded that
moYion. Rick asked if this commiYtee will evaluate what DEC come sup
with on the hydrocarbons. Ted clarified that we have an issue we are
confroi~ted with. The standards are not being met. There are eertain
measures that can be done to geY us into compliance of the water quality
sYandards. Ted said it is his inTention that this con~miCfee work on
alternatives and options and come up with a recommendation on how this
hydrocarboi~ issue can be resolved. 7oe added there should be a timetable
for solving the problems.
Kenai Rivex Special Management Area Advisory Board
Minutes - October 12, 2006
Page 8 of 10
Ted formalized his motion to read: Ted moves that there should be a
conlmittee as a whole to deal with the issue of non-compliance and the
hydrocarbon issue, with the committee specifically tasked to evaluate
alternatives to meet compliance and establishing a reeommended
timetable.
The board members l~ad discussion and then the motion was voYed on.
Voting members unanimously passed flle moYion.
Rick Wood then asked where are we on the previous motion from the
previous meeting for suppc~rting Yhe 50 horsepower and not making it a
2006 compliance? Keith Kornelis said he understands that this comniittee
as a whole will discuss. It takes the original motion from the Iast meeting
and says that instead of having that, the committee will come up with
some type of solution.
Ken said that Depury Bd Togels asked Che board Yo reaffirm the letter of
June 12`h to the Commissioner in regards Yo the 50 horsepower issue in
asking DNR to go forward.
Joe made the motion fhat all motors meet the 2006 EPA compliance by
2008 giving a two year phase-in. The mofion was seconded. There was
much discussion about what the letter to the Commissioner should
include. The motion was voted on by the votiug members with only one
member voting against.
VI. PUBLIC COMMENT
Mike Crawford: Who is doing the Boat Wake Study and why are f11ey
reiilventing the wheel. Navy and Coast Guard has done this type of study many
years ago. They wc~uid know these figures. They go by Yhe weighT of the boat,
Che speed of Che boat. Ted responded that it is not simple. T`here are no studies on
boats of this sizE until this boat waice study. This is breaking new ground on the
river. Mike also asked if 40 horsepower been looked at as plan B?
Ken TarUox: To suimnarize my understanding of wbat this board has done: you
indicated that there is no data tliat fuel leveis will be redueed in the river by going
to 50 borsepower. There is no data that erosion wiil be decreased by any
signifieant amount by going Yo 50 hc~rsepower.~ There is no data thaY safety will
be improved. And you wili ask and indust~y and a group of people to invest
thousands of dollars to change when in six months from now you may have to say
you made a mistake. I don't see how that is responsible. I do not agree with your
decision.
Kenai River Special Management Area Advisory Board
Minutes - October 12, 2006
Page 9 of 10
VIL AI3JOURNM~1~'T
A. Board Comments
Rick welcomed the new members.
Tim thankcd the board for allowing DEC to make their presentation
tonight.
B. Date/Agenda of Next Meeting
November 9, 2006 at 5:30 pm
Kenai River Special Management Area Advisory Board
Minutes - October 12, 2006
Page 10 of 30
m
MFIP~IORANDUM
To: Mayor and City Council
Through: Rick Koch, City Mana~er
From: Larry Semmens, Finance Director~~
Date: November 1, 2006
Subject: PERS
I received the report from Buck Consultants that provides details of the
unfunded liability and an explanation of the reason for tl~e large increase in
the unfunded liability and rate. A copy of the cover letter is attached.
The total actuarial liabiliry figure agi°ees with the supplement to the actuarial
valuation dated 6/3012005 as expected. I reviewed the data and did note
some liabilities for certain individuals seemed unreasonably low and some
seemed unreasoilably high. It turns out that we did not have all of the
information needed to determine if a pension tiability figure was reasonable.
Buck has provided additional information and I have been able to analyze
the retired members pension liability and it appears reasonable. There are a
whole host of variables considered for every member, making it difficult to
analyze without actuarial valuation sof~ware. This is particularly true for the
health care liability. I am still working on that, but it is more compiicated
than the pensron liability. ~
The biggest problem is the fact that the State does not account for cash
inflows and outflows on an e~mployer by employer basis in the system as is
required by the statutes. Instead, costs and income is allocated among
members using an inappropriate formula. The administrator of the plan
freely admits that the process being used is not proper and results in
inaccurate unfunded liability balances. If the unfunded liability is not
accurate, neither is the past service rate.
The State is going to manually calculate the correct activity for the last 10
years and determine if a correction can be made to more aecti~rately reflect
the unfunded liabilities of each employer. Unfortunately they will be
starting with an inaccurate balance fiom 10 years ago. This is a recognized
problem but prior to ten years ago data does not exist to recalculate the
activity.
I will continue to monitor this and make periodic reports to Council.
uck~ r~~~l~ ~~ ~~,
~~; ~~~ ~~~„~~~~ ~ _: ~
October 24, 2006
VIA EMAIL
Mr. Lawrence A. Semmens
Finance Director
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611-7794
Re: Allocation of Unfunded Liability - City of Kenai
Dear Larry:
Based on your request, we are providing you information on the unfunded liability for the City of Kenai shown in
the June 30, 2005 Supplemental Report.
ACTUARIAL ACCRUED LIABILITY
We have determined the amount of accrued Iiability for each of the City of Kenai's participating members under
the Alaska Public Empioyees' Retirement System (PERS) as of the most recent valuation date, June 30, 2005.
All the data, assumptions, and plan provisions are the same as those described in the June 30, 2005 PERS
actuariai vaiuation report. The accrued iiability is calculated for each individuai member using their specific age,
service with the City of Kenai, salary, and expected benefit. We have included in the attached spreadsheet a
Iist of ail Non-Retiree members and a list of all Retired members. For Non-Retiree members, we have included
name, age, service, and current employer as requested. For Retired members, we have induded name, age,
percentage of totai service that is credited to the City of Kenai, benefit amount and retirement date. Piease find
attached an Excel file with the Supplementai Report results for the City of Kenai.
EMPLOYER ASSETS FOR NON-RETIREES
Retirement and Benefits provides us with the Empioyer Assets for Non-Retirees. The table below shows the
components used to calculate the June 30, 2005 assets starting with the June 30, 2004 asset values. This
development for the fiscai year ending June 30, 2005 was provided by Retirement and Benefits.
Assets for Non-Retirees
Non-Retiree Assets as of June 30, 2004
Contrfbutions
Income Ailocation
Income Credited
System Reconciliation Amount
Account Adjustments
Retiree Reserve Amount to be Transferred
as of June 30, 2004
Non-Retiree Assets as of June 30, 2005
Employee EmpBoyer Total
$ 4,409,652 $ 1,932,758 $ 6,342,410
341,693 419,028 760,721
- 102,590 102,590
308,151 (308,151) -
(109,360) - (109,360)
(399) 399 -
- (1,382,701) (1,382,701)
$ 4,949,737 $ 763,923 $ 5,713,660
Tabar Genter, 1266 97th Streei, S~Re ti240 -Denv&r, GO 80202
7"N.35~.7700 ~ 730,358.770'E ~iex)
Mr. Lawrence A. Semmens
October 24, 2006
Page 2
ADJUSTED ASSETS
We have also, as requested, inciuded the calculation for the June 3q 2005 adjusted asset figure as shown in
the Supplemental Report. The conversion factor from MVA to AVA was calculated by dividing PERS total
Actuarial Value of Assets by PERS total Market Vaiue of Assets. Please see the table below for the adjusted
asset calculation:
Adjusted Assets for City of Kenai
2005
1. Employer Assets for Non-Retirees
as of June 30, 2005 provided by Retirement & Benefits ~ 5,713,660
2. Retiree Reserve as of June 3Q 2004 28,152,100
3. Net Change in Retiree Reserve as of June 30, 2005 (2,784,487)
4. Total Employer Assets as of June 30, 2005 (1 + 2+ 3) $ 31,08~,273
5. Conversion factor from MVA to AVA 0.9827917
6. Total Employer Actuarial Value of Assets
as of June 30, 2005 (4 x 5) ~ 30,546,417
7. Retiree Reserve as of June 30, 2005 29,202,591
8. Employer Actuarial Value of Assets for Non-Retirees
as ofi June 30, 2005 (6 - 7) $ 1,343,826
9. Active and DV Accrued Liability for City of Kenai $ 1$273,644
10. Total Active and DV Accrued Liability for
ail PERS Employers $ 5,706,433,973
11. Total Unfunded /(Surpius) for all PERS Employers
without active members $ (3,909,942)
12. Unfunded/(Surplus) Allocated Yo City of Kenai (9 ° 10 x 11) $ (12,521)
13. Adjusted Assets as of June 30, 2005 (8 - 12) $ 1,356,347
We understand that Retirement and Benefits will be making changes on how they allocate assets by employer.
Once this change is made, we wi~l receive Total Employer Assets (item 4 above) from them. Piease let us know
if you would like us to estimate the impact this change has on City of Kenai's ailocated assets.
P'.~atlmin~alaska\2C06VIr102461ds.tloc L..~~wl~~~~.~(s~~#~v d~
AJ ~4 SL t !t
. ,FiSi *4';$ Gti~ilFJ~lYS~i ,,. „ ~
Mr. Lawrence A. Semmens
October 24, 2006
Page 3
HISTORICAL
Below is a table showing the Non-Retiree Liabilities and the Adjusted Assets for Non-Retirees for the City of
Kenai for the past five years. The liabilities have been steadily increasing while the assets have been
decreasing. This accounts for the growth in the unfunded liability.
As of June 30
Non-Retiree Liabilities
Adjusted Assets
Unfunded Liabiiity
Non-Retiree Liabilities vs. Adjusted Assets for City of Kenai
2001 2002 2003 2004 2005
$ 13,279,119 $ 15,329,879 $ 16,331,223 $ 15,463,800 $ 18,273,644
14,155,700 7,892,078 6,578,365 3,898,539 1,356,347
$ 876,581 $ (7,437,801) $ (9,752,858) $(11,565,261) $(16,917,297)
The 46% increase in the unfunded actuarial liability from FY04 to FY05 is due to the $2.8 million increase in
liability and the $2.5 million decrease in adjusted assets as of June 30, 2005. The increase was due to the
following reasons:
. The liabilities increased due to additional service, increased salary, and new Kenai members.
. The medical liabilities increased due to revisions to the prior actuaries' calculations, greater than expected
healthcare costs, and updated trend rates.
. The adjusted assets decreased due to transfers to the retiree reserve. This amount is allocated on a pro-
rata basis. The total increase in the system's retiree liability is allocated by the ratio of Kenai's retiree
Iiabiiity to the total system retiree liability as of June 30, 2005.
Please let us know if you have any questions
Sincerely,
~~~.~/. "~'~~~e ~~
David H. Slishinsky, A.S.A.
Principal and Consulting Actuary
/mip
Attachments
c: Ms. Charlene Morrison, State of Alaska
Ms. Michelle DeLange, Buck Consultants
v:~edmto~eieska~zooavviozaeias.ao~ ~UC~C~"iC3?"iS'Cdj~~C'F~,~'u ~`
.,n A::,.H a.~~~t1r:;..~-~y . . ~
~
' k" , . ...,,. . . . .
And Good Morning! Another record breaking year for the Chamber
fundraiser - the Wine & Beer Experience was sold out! The decorating commit-
tee is already talking about next year - now that is dedication. I want to Chank
everyone who help make this event a success, our sponsors, those who gener-
ously donate and our sfeadfast workers - thank you!
Tbe Governor's debate was another successful event. We were pleased
to have former Governor Tony Knowles, Andrew Halcro and Sarah Palin
present for our joint Chamber luncheon forum. Merrill Sikorski, our moderator
did a great job, and KSRM and KDLL broadcast this evenT live. We were
pieased to host this event at the Challenger Learning Center, a state of the art
facility, and appreciafe Larry Porter and his staff for assisting with Chis event.
Christmas Comes to Kenai is nexY! The day aPter Thanksgiving SanCa
wil] arrive aboard the City of Kenai Fire Truck, and then in tl~e evening we'll
have the Electric Light Parade, bonfire and Fireworks! W e want to see the CiCy
of Kenai alive with lights and decorations - so get yours out early and prepare
for our community to Come Alive with Christmas Co~nes to Kenai, November
24th!
Dr. Dennis Swarner, President
~ :~. s ~ ~ - e
2006 President 2006 Directorc
Dr. Denitis Swarizer, Amanda Feugin,
Kenai Vision Center Dunkin & Bush
Past President Durainey Rawls,
Roy Wells,
~ Durainey Cranes
'
~~Waddell & Reed " ~~Scott Griffith,~ ' ~ . ~
Vice President XTO Energy
< Jason Carro[l, ' Steve Hansen,
ist National Bank '' Tesoro '
Secretar~ Treasurer
Tim Navarre,
' Jim Butler, Zan Inc, (Arby's)
Saldwin & Butler, LLC
Kenai Chamber of Commerce November
~ A Note from the Executive Director
An Evening To Remember! At least that is how all the workers wili remember it. The decorat-
ing committee works hard to create the party atmosphere that we are quite known for. This year the
Theme was Migrafion is for the Birds, so we dug out the ole snow geese from years ago when the
Chamber held the Snow Goose Raffle. To create this ambience Peninsula Party & Tent supplies tent
walls and then the wonderfui tent we use as our wine & beer garden! The decorations go up, tables &
chairs arrive (Pe~insula Party & Tent and United Rentals), linens arrive, table tents (GLM created
these) are put on and the center pieces are created. This year we had both beer glasses (XTO Ener-
gy) and wine glasses (Tesoro) for the tables and the Business Mechanic donated wine guides. The
cruise desk was created with decorations culled from KCHS Prom, Lori Goodman mans the Holland
America booth, this year we had eyebalis as Kenai Vision Center was our cruise sponsor and Bill &
Debbie Coghiil were the winners! The auction areas were set, Udelhoven made great easels for us,
and twinkly lights were added. Bars and speakers (Agrium) were toted in by Guy Zufelt and a few
props were borrowed from the Kenai Playhouse. Our caterers arrived, The Crossing Restaurant, and
in quick style were ready. Then our dedicated voiunteers arrived - Anita & Mark Necessary arrived
with Carol Brenckle our barrista's for the evening; Kassik's Brewstop served up their wonderful ales;
Stacie Krause of Freedom Realty and Bear Creek Winery for wines for the tables; Duane Bannock
flew in from Anchorage to be our emcee extraordinaire; Norm Blakeley was our premier auctionneer;
Natalia Johnson coordinated the silent a~ction; 1st National Ba~k handled the money; Mary Booth &
, Sara Priggee kept track of the live auction items; Penny Stewart soid split the pot tickets all night
'(alo~g with working every other area that needed assistance); the KCHS wrestlers sold ducks, piayed
coat checks, heid up the auction items, and worked hard setting up and cleaning up. The doors
opened and the room filled up fast, the Duck Blind Players led off with an entertaining skit, the snow
goose hat began circulating and the auctions started and Iike all events, before we knew it - the eve-
ning was over! Wowi
It is our sponsors whose generous support we count on: Kenai Vision Center,
XTO Energy, Tesoro, Udelhoven, Welis Fargo, Arbys, Agrium were our major sponsors this year;our
Balloon Sponsor was Stewart Title; our Table/Event Sponsors: 1 st Natio~al Bank; Waddeli & Reed;
ASRC; SBS; Key Bank; Mikunda, Cottrell; Peninsula Ear, Nose & Throat; Alaska USA Credit Union;
Kenai Chrysler; Metal Magic; Rosita's; Peninsula Oilers, MRO Sales; Peterkin Distriburos, Peninsula
Tent & Party Rentals, and Inlet Drilling. Then the Cruises: this year we had our annual Holland Amer-
ica Cruise and the Coghill's are the big winners here; the TOTE barge cruise is taking the Johnsons
for a cruise to Tacoma and Royal Carribean (new this year) will host the Parra'si
Now IeYs talk Christmas Comes to Kenai! And it is right around the corner. The day after
Thanksgiving Santa arrives aBoard the City of Kenai Fire Truck, in the evening we host the Electric
Light Parade, Bonfire & the ever Famous Fireworks! So get your twinkly lights out and prepare our-
seives for the arrival of Christmas Comes to Kenai!
Also, Kenai Health Ciinic is open in Kenai, it is part of CPGH, they are available for your lab
work, mammogram, EKG, X-rays, Bone Densitometry and renal care. Take advantage of this won-
derfui opportunity we have right here in Kenai.
Mark November 4th on your calendar, it is the Grand Opening and Ribbon Cutting Ceremony
for the new VA Ciinia Join Congressman Don Young and others at 10:30am at the Oid Carrs Mall.
Thank you to everyone for your generous support of the Chamber, and especially my assis-
tant Karen Craig, who ran just as fast as she could through her first Chamber fundraiser!
3anie Odgers, Executive Director
Kenai Chamber of Commerce November 2006
I A/aska State House 33 Candidafes I 1 I
Pete Sprague & Kurt O/son
Russia Update by Jason Carro// ~ 8
Enstar Natura/ Gas ( 15
Curtis Thayer and John Sims
Surprise!
22
Dena/i Beotechno/ogies ~ 29
Weekly luncheons are he(d at Paradisos Restaurant at noon.
~..~ de..~.'..,a
~ertising tool because it not only gets your
the opportunity to sample your product or
oers luncheons and lists donors monthly iri the news-
~resent? No you can send your door prize, drop it by
again have your name announced in front of a tar-
:ase contact the Chamber Office at 283-7989.
r Porter, Bob Favretto, Central Peninsula
Benger Learning Center. '
enai Chamber of Commerce November
ThanK you Bob Favretto 8~ Kenai Chrysl~rP
Bob Favretto
Presents The
Kenai Chamber of
Commerce
With a check in the
amount of
$7500.00 from the
Kenai Chrysler Golf
Championship!
This is Alaska's
Premiere Goif Event
held each August at
the Kenai Golf
Coursei Look for it
next August!
Chamber Luncheon Features Gubernatorial Candidates Forum
Featuring Former Governor Tony Knowles, Sarah Palin & Andrew Halcro
The Kenai Chamber of Commerce,
Soldotna Chamber of Commerce & the
Nikiski Chamber of Commerce hosted
the Gubernatorial Candidate Forum Oc-
tober 26th at the Chalienger Learning
Center. We would like to thank ~arry
Porter and the Challenger Learning Cen-
ter staff for allowing us to host our joint
Chamber Luncheon at the Chailenger
Learning Center. The facility is state of
the art and allowed KSRM and KD~L to
broadcast live this event.
Kenai Chamber of Commerce November 2C
~/~Icome New Rilc~mbers
WILDM Coak Inlet Salmon Brand
14896 Kenai Spur Hwy.
Suite 206
Kenai, AK 99611
l
www.kenaiwild.org
info@kenaiwiid.org
907-335-WILD (9453)
i . ~ .a ~.~ ~. ~ ~ a~ ~..~
;" ~' , ~ ~ 'i
~ ~
Friday, November 10, 2006
6:30pm
Anchorage Hilton Hotel
Space attire, Black Tie optional.
Call: 283-2000
KENAI
Kenai Chamber of Commerce's Annual Fundraiser "Tr
SnoW Goose Hat!
C> ~..a c K B 1 i r-~ ~
Dedicatetl Volunteerss: Lori Goodman our Cruise
Hostess and Derin McVeigh with Odom Distributors, our w
Beer Wine Experience'S - Migration is for fhe ~irds!
>upplier!
~ ~ 1 ~ ~/ G i""S
We're Ready!
Op~n the ~oors!
More Auction Items!
Puppies!
Kenai Chamber of Commerce November
C C- r-r~ r7r~ u r'~ 1 ty 1~1 O te s
~
Mexican
Restaurant &
Cantina
Rosie & Joe Carter
205 S. Wiliow
Street In Kenai
283-8181
Rosie came to us wifh an offer we could not refuse!
She wants to give away at the Chamber Luncheon
each week Lunch For your Office!
COfT1fTlltteBS:
Job Shadow
Q~atity of ~ife
Quatity of Life. Old Town (lleeting.
KEDS WorkForce Devetopment needs
committee members.
Catl Sat l7lattero 283-2869
Kenai cnamaer or uommerce ivovemper ~vuc
~~~ ~~~b~ c~~ ~~~~~~ ~~~~~~
_
~~
C~ .
November 24, 2006
11:30am Santa arrives
At the Kenai Visitors & Cultural Center
Hot Cocoa & Cookies Provided
6:OOpm Electric Light Parade
Directly following the Parade
Bonfire and Caroling
8:OOpm Fireworks
283-7989
For Information on What Other Events are Happening
And Electric Light Parades 283-7989
Kenai Chamber of Commerce November
WE WAN~To TNANK EVERY~NE WN~ DoNATED To oUR AUCToN~-
YoUI~ GENERoU~ ~UPPO(~T I~ APPRECiATEDI
~ ~ ~ ~ ` ~=~ ~~ ~ ~ ~~~ 4D Carpet, Access Wireless, Affinity Saion
~, .. ,.,. = d "sY '^s~>s z ~,ar.~a.
an C7ay~pa, 7as~ en~er o e ura ~ e icine, aska Dance Theatre, Alaska Decoy, Alaska
Flying Network, Aiaska Heater Rentals, Alaska Kennel Club, Alaska Railroad, Alaska Sealife
Center, Alaska Services & Technology, Alaska USA, Alaska Wildland Adventure, Alaskan Lodge,
Alien & Peterson, Allure Day Spa, Alyeska Tire, Anchorage Concert Association, Anchorage
Symphony, Arbonne, Arby's, Artistic Impuise, Aspengrove Arts, ASRC, Bailey's Home Furniture,
Bishop Lake Studio, Blockbuster Video, Bridgekeepers Inn, Brown Agency, Burger Bus, Capt.
Bligh's , Caroi Waikiewcz, Cellular One, Challenger Leaming Center, Chris Jenness, Clark's
Espresso, Claudette's, Coffee Roasters, Country Foods, Country Liquor, Curves, Dan's N, David
Ring, Diamond Airport Parking, Dimond Center Hotel, Dixie Nugent, Double Musky Inn, Dr.
James Julien, DDS, Durainey's Crane Service, Edward Jones, Emergency Management, ERA
Aviation, Espresso Barn, Far North Glassworks, Fire Control Systems, Inc., First NaYI Bank, Five
Star Catering, Frames & Things, Friends, Gary & Dottie Fischer, Greg Daniels, Greg Harrington,
Hampton Inn, Harley Davidson, Hilton Garden Inn, Holland America Cruises, Homer Chamber of
Commerce, Homewood Suites, Iditarod Traii Sled Dog Race, Inlet Drilling, Jersey Subs, Joe Tye,
John Trofimuk, Johnson's Tire Service, Jon Little, Joyce Munson, Kaladi Bros., Kamichia Spisak,
Karlene's Acupuncture, Kassiks Kenai Brew Stop, KDLL, Kenai Convention & Visitors Bureau,
Kenai Fire Department, Kenai Golf Course , Kenai Kate's Old Time Photo, Kenai Peninsula
College, Kenai Peninsula Oilers, Kenai River Sport Fish Assoc., Kenai Veterinary Hospitai, Kenai
Vision Center, Kenaitze indian Tribe, Key Bank, Laura Favretto, Little Italy, Lynden Transport,
Mad Fish Restaurant, Malston's, Marcella Ferrell, Milepost, Medallion Foundation & Alaska Fiying
Network Kelly Brewer, Mikunda Cottrell, Moose's Loose Bakery, Northern Dynasty Mines, Neal &
Diane DuPerron, Key Bank, Odie's Deli, Odom Corporation, Olga's Jeweiry, Our Best Friend's
inc., Partyin Place, Metal Magic, Mayor Pat Porter, Patty Dombovy, Phone Directory Company,
Peninsula Clarion, Peninsula Party & Tent Rental, Peterkin Distributors, Phylis Swarner, Printer's
Ink, Remax, Renown Tours, Residential Mortgage, Robert Molloy, Jocelyn Wells, Royai
Carribean Cruises, Salamatof Native Assoc., Scott Hanson Carvings, Spenard Builders Supply,
Senator Ted Stevens, Sheraton, Smokey Bay Air, Snug Harbor Seafoods, Stewart Title, Subway,
Sue Carter, Tanglewood B& B, Tesoro, The Crossing Restaurant, The Haircutters, The Mad Fish
Restaurant, Three Bears, Tim's Janitorial, Alaska Senator Tom Wagoner, Totem Ocean Trailer
Express, Udeihoven, Uncie ~Ioyds, Veronica's Coffee House, West import & Export, XTO
Energyi Tell next year - thank you! ~ ~~~~ ~ ~ ~~~, ~ ~ ;~ ~ ,`~,~; s,~ < ~ ~. ~ ~ ~~~,~~ ~
Diagnostis Service Availabie in Kenai at
Kenai Health Center:
Mammography
Bone Densitometry
Electrocardiogram
X-ray Services
Laboratory Services
Renal Care Alaska Services
~~3~~C`c~,I r^
~p~~~1~~~1a~~
25 G FVas~P4t~3 F3ac~*, Soli3rxtae.~a ~'+.K G3v`Fl~~
f9Q~7) 77+2~'1a14.d - v.^wvr.cPw7h,:r.:r9:.
-- Kenai Chamber of Commerce November 2006
~~~ , E-Learning for Your Smali
Business, 24/7
ror~.d~ ~,.,.~er m~~+~~= r~~f~+~~ By Karen Forsland, District Director
More than ever before, the
academic worid relies on technol-
ogy to help give students easier
access to the kinds of information,
course-work and instruction that are
often out of the reach of ordinary
Americans, either because of geog-
raphy, costs or time constraints.
Now, thanks to the Internet, busi-
ness training is no exception.
At the U.S. Small Business
Administration's extensive Web
site, small business owners and en-
trepreneurs can now access an on-
Iine virtual classroom of business
courses, workshops, information re-
sources, learning tools and counsel-
ing assistance through the agency's
Small Business Training Network.
The Small Business Train-
ing Network is an Internet-based
learni~g environment - operating
like a virtual campus - offering on-
line courses, workshops, publica-
tions, information resources,
learning toois and direct access to
electronic counseling, and other
forms of technical assistance for
entry ievel entrepreneurs and expe-
rienced business owners alike, for
students, for home-based busi-
nesses and for women. There are
key resources and suggested
courses aimed at pre-venture busi-
nesses and growing businesses to
meet all kinds of small business
training needs.
The Training Network, avail-
able on the Web 24 hours a day,
operates like an electronic umbrelia
under which many SBA and agency
resource training programs are cap-
tured, aggregated, sorted by con-
tent and made available in muitiple
formats. (t serves small business
clients, agency resource partners,
other federal agencies and globai
students of enterprise.
The Training Network was
designed with the small business
entrepreneur in mind to provide in-
teractive business guidance on a
range of topics. There are 12 train-
ing categories with more than 60
interactive courses and electronic
guides that provide educational
tools and resources on entrepre-
neurship. Many of the courses in-
clude audio sound bytes, quizzes
andfeedback.
Designed to help small busi-
nesses compete in a constantly
changing, global environment, the
Training Network makes SBA's
business management resources
available anytime and anywhere.
Online course topics include Start-
ing a Business, Business Manage-
ment, Financing, Marketing &
Advertising, Business Planning
Tools, Government Contracting,
Risk Management, E-Commerce,
Federal Tax Training, International
Trade and Small Business Retire-
ment. The Training Network also
includes a variety of Iearning tools
and guides for easy access and
learning, as weil as a comprehen-
sive electronic iibrary.
Many of the learning oppor-
tunities offered by the Network are
developed by cosponsors
(academic institutions and corpora-
tions), some are developed by
SBA's resource partners and some
are developed internally through
agency contracts. All of the offer-
ings are free, most are self-paced
and the majority are considered
"topical primers."
In addition to a wide selec-
tion of online offerings, the Training
Network serves as a window to all
of the traditional, face-to-face tech-
nical assistance programs offered
by the agency. Traditional training
opportunities offered by SBA and its
resource partners around the coun-
try can be easily identified by visit-
ing htto~//www sba gov/calendar/.
The Training Network's vir-
tual library features more than 200
free e-books and publications, links
to top business magazines and na-
tionai newspapers, direct links to
colieges and universities that offer
other online business training
courses and programs, and a sec-
tion for young entrepreneurs to pur-
sue their business interests.
All of the SBA's Small Busi-
ness Training Network's resources
can be accessed online at
www sba.gov/traininq.
Reprinted with permission
Thank you for keeping our
Computers
Running Smoothly!
Kenai, Alaska 99611
~6
MEMORANDUM
TO: Rick Koch, City Manager
FROM: Mary Jo Joiner, Library Director
DATE: November 7,2006
SUBJECT: Numbers
There are a tofal of 12,891 registered borrowers at the Kenai Community Library.
Of that total, G,392 are I~enai residenTs, representing approxilnately 50% of the registered
borrowers. Other Peninsula residents are represented by Lhe totals below.
Anchor Point Resident 12
C1am Gu1ch Resident 57
Cooper Landing 21
Homer Resident 45
Kasilof Resident 533
Moose Pass 1
Nikiski Resident 1926
Ninilchik 62
Seward 5
Soldotna ResidenY 2183
Sterling 433
Wildwood CorrecYional 1
The total number of other Kenai Peninsula residents who ue cardholders is 5,384, ar 42% of the
whole. The remaining 8% of borrowers are Alaska residents who do not reside on the Peiunsula
and out-of-state cardholders. MosY of the communities above individually represent less than 1%
of the Cotal, with the exeeprions of Kasilof with 4%, Nildski with 15%, Soldotna with 17% and
Sterling with 3%.
The FY2007 annual budget for the library is $580,125. Peniitsula residenYs who do not reside in
Kenai represent 42°/u of our cardholders. 42% of the library's FY2007 Uud~et is equal Yo
$232,050.
When I examined circulation records for 2005, I found tliat Kenai residents aceounted for 56% of
the items checked out. Kasilof residents borrowed 4% of'the materials, a number equal to the
percentage of cardholders. Whi1e Nikiski residents account for 15% of the cardholders, they
checked out 20% of the total materials circulated. Soldotna residents checked ouY 13% of the
materials, while representing 17% of 21~e cardholders and Sterling residents at 3% of the totai
cardholders checked out oniy 2% of the totai materials. Again, the individuai eities not
mentioned were statistically insignificant at less than 1% of the circulation eaeh.
The circulation figures relate to the book budget of $44,500. The fotal number of ifems circulated
to Peninsula residents who are not Kenai residents in 2005 was 43,371 or 41% of the total. 41% ~
of t~ie book budget is $18,245.
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Nov. 14, 2006
~ ' ~\ ~~' `-`;, -~--===~-~ : ~a_ ;---~--~_--
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. _ ,-:;4 " - - , _
KENA1 SF'NlC)R ~n1lINECTI~N. IhIC.
CITY OF KENAI
Mr Rick R. Koch
City Manager
RE: Your Letter Of Aug. 14,2006,
Land Donation-Mommsen Sub.
fo -
R~C~E'~~~
~OV ~ ~ ~uu~
Dear Sir:
Our Board Of Directors of the Kenai Senior Connection,Inc.,
held an Excutive Meeting on Nov. 73, 2006, at the Kenai
Senior Center, and discussed to great lenght our Assisted
Living Project.
Major issues discussed were, the project site, and funding,
and design changes needed to fit our project into the space
avail~ble.
The Board than voted unanimously, NOT TO PURSUE the Kenai
Senior Connection Assisted Living Project any further at
this time.
We wish to thank you and the City Of Kenai for your consideration
of this property donation, extension of the City streets,
water a.nd sewer mains, and, all the effort you have spent
to c~ate on this project.
We look forward to an ongoing association with the City
Of Kenai in the future.
Sincerely
Kenai enior~on' c
rank rb 1~ ovsk
Y ~
President
cc: F.J. McConnel/1
cc; Mr Ken Duff
cc: File
361 SENIOR GOURT • KENAI, At~stv~ 9961 1
TE~ePHONe (907) 283-4156 • Fax: (907) 283•3200 • E•MAIL: SENIOR@CI.KENAI.AK.US
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FLOAT PLANEBASIN ACTIi/ITY
2002-2006
'Basin closed October 15, 2006 for cons4ruction
----________°---
---------------- ----°---____~_~~_
OPERATIONS
----------------- _-----
------ -°--°
-----
Month 2006 2005 2004 2003 2002
APRI~ 0 2 0 0 0
MAY 99 114 99 86 94
JUNE 151 317 161 158 223
JULY 265 327 428 259 345
AUGUST 251 238 342 287 233
SEPTEMBER 136 227 134 215 153
OCTOBER 51 100 40 63 37
NOVEMBER Closed Closed Closed Closed 10
________________
_°--°_~_
°____
°--- `notreported
---_-_
____.
________________ _FUE~ SALES
____ __________
______
____.
Month 2006 2005 2004 2003 2002
MAY $0 $1,035 $452 $835 $98
JUNE $909 $3,101 $2,209 $1,391 $1,986
JULY $3,138 $3,461 ~2,095 $1,773 $2,757
AUGUST $2,023 $3,365 $2,041 $2,513 $2,419
SEPTEMBER $2,051 $2,811 $792 $2,219 $983
OCTOBER $297 $693 $26 $263 $65
Slips Rented
Private 9
Commericai 0
Rev 8/2003
INFORMATION ITEM5
KENAI CYTY COUNCIL MEETING
NOVEMBER 21, 2006
ll/17/2006 Purchase Orders Between $2,500 and $15,000 for council review.
2. 10/31/06 B. Huffman, FAA letter of appreciation for Alaskan airports with air
traffic control towers.
3. 11/9/06 Kenai River Special Management Area Advisory Board Meeting Agenda
and minutes of the 10/ 12/06 meeting.
4. 11 / 1/06 L. Semmens memorandum regarding PERS and the Buck Consultants
report.
5. ll/2006 Kenai Chamber of Commerce Newsletter.
6. ll/7/06 M. Joiner, Library Director memorandum with comparison of
registered Kenai/Borough borrowers of library collection.
11/8/06 D. Reynolds letter requesting provisions for seniors with fiYed income
related to water/sewer costs.
8. 11/14/06 F. Arbelovsky, Kenai Senior Connection letter regarding Assisted
Living Project.
9. 11 / 15/06 October Airport Monthly Enplanement & Float Plane Basin Activity
reports
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4.25.010
Cha~tea~ 4.25
PLAJMBING COIDI~
SecYions:
4.25.070 .~doption.
4.25.0] 5 Local amendments to thc 2003
Unifonn Plumbin~ Code.
4.25.020 Fee schedule.
4.25.030 Minimum standards.
4.25.040 Plumbine material standards.
4.25.050 Sewer required.
4.25.055 Building Official.
4.25A60 Vent terminaYSm~.
4.25.070 Protection of piping materials
and sYructures.
4.25.080 Air chambers.
4.25.010 Adoption.
There is hereby adt~pted for the purpose of
e,tablishing r~les and regulations for the
qualification of persons engaged in the business of
plumbing ai~d the installation, alteration, or repair
of plumbing systems, hat certain b ti~odFvolume
~rz'r ~~,,2r~~P-',"rr
known as thc `Unifonn ~'lu_~n~iing„ ~oc~e," 2003
Edition. of the Interi~ational Association of
Plumbing and Mechanical Offcials, including the
appendices, excepf for such pottions as are
~ereinafter dcleted, n~odified, or amended; aud the
same is hereby adopted and ii~corporatecl as fully as
if set out verbat~im herein. (Ords. 64, 269, 395, 542,
839, 1445, 1645-95, 1813-99, 2001-2003, 2089-
2005)
4.25.015 Locai amendments Yo the 2003
Llniform Plumbing Code.
413.Y Fixtare Count.
Kevise by deleting "Tablc 4-]" and inserting
2003 International Building Code, Chapter 29 and
Tablc 2902.1.
508.5 Reticf VaFve Discl~ar~re.
Dcletc Scction 508.5.
603.4.9 WaQer Cooled Compressors,
Degreasers.
Amend sectio~i by adding a secbi~d paragraph to
read as follows:
Installation, operation or use of air eonditioning
or c~oling u~zits employing water or other fluid
as ~ cooling agent witl~out a recovery and
recirculation unit is prohibifed.
604.1 Materials - Water Pipe and Fittings.
Delete tl~e second sentence of P~ragrapli 604. ].
604.2 1Vlaterials - Copper Tube.
Delete the words `br underground oufside o~f
structures" in the Exception.
608.7 Vacuum relief valves.
Adc1 the following afrer "elevatioo": "more tl~an
one storv."
101.1.2 Sanitary drainage.
Delete the words "`Cha}~ter 15, Firestop
Protectio~ for DWV and Stormwater Applioation"
and replace with the words "the building code as
adopted by KMC."
704.3 FixYum connections (drainage).
Detetc tl~e seco~d and third seufenees.
807.3 Bar and Fountain Sink Traps,
DeleCe the words "5 feeY' from the last sei~tencc
and substitute thc words "IS feet."
~Ke„~r s~E,p_ ~o. as. ~-os> 74-18
420.015
120A.2 Required thickness.
Revise by deleting tt~e words "to the thicknoss
required by thc ]ntcrnational ~nergy Conse~vation
Codc "'
7401.2 Potable water supply.
Revisc by dcleting chc rcferenec °I~~ternational
Plumbing Code" ancl inscrting the refereuce
`"Plumbing Code as adopted by KMC."
if a building pennif is iss~~ed, these fees s6a11 bc
considered as paid as a part o€ such permit fee.
If oo s~ich buildiiig permit is issued, die fco
shall bc compufed according to Tablc 1-A at
KMC 4.05.030(b).
(Ords.150,2C9,395,542,1118,1645-95,1813-99,
2001-2003,2089-2005)
CHAP'I'~R IS REI'ERENCI:D
S7'A\DAI2DS.
Revise by cha~ging tl~e referenced standards
from the publication datc listed to the latesk
published edition as follows:
N.F.P.A. IS-2002 Inst~llation of Sprinkler
Systems.
N.F.P.A. 72-2002 National Fire Alarm Code
N.F.P.A. 96-2001 Vencilation Coi~trol ai~ci Fire
Protection of Commercial Cooking Ope~ations.
(EfE 8/31/96, Register 139; am 3/27/99, Register
149; am 9/] 5/2001, Register 159)
(Ords.2001-2003,2089-2005)
4.20.020 Building Official.
The Building Official of this Ciry shall have fhe
powers, duties, and functions prescribed for the
"Code OPficiai" by tlie Inter~ational Mechanical
Code adopted by KMC 4.20.010, provided the
powers, duties and fui~c4o~zs may be performcci by
autl~orized representatives of the Building Offcial
and under l~is supervision ~iid controL (Ords. 64,
269,395,542,2001-2003,2089-2005)
4.20.030 Feeschedule.
Secfion ] 06.5.2 of the Ii~temational Mechanical
Code adopted by this chapter is amended to remd;
74-17 ~Ke„x~ s~~~ ~~, as, ~-os~
425.07 5
Vacuum deufal systems may be installed witl~
Schedulc 40 PVC pipc ai~d fittings, abovc a~d
bclow gradc. 1'iping and fittiugs installcd in
plcmm~s or pe~ictrating firc raLCd asscmblics
shall havc a flame spread index of not mm'c
than 25 ai~d a smol<c-dcvelopcd rating of ~~ot
more th~^ 50 whci~ testcd in accordancc with
the test for Surface Buming Characferisfics o'f
Building MaLerials, or to be protected by an
approved firc and smoke rated matedal.
1501.1 Appticabiliry, .
Delete ~ reference to "`NFPA 5000, NFPA
Buildin~ Code° and insert reference `9nternatia~al
Buildiu~ Code as adopted by KMC.°
15071 General.
Delete reference to "N}^I~'A 5000. NFPA
Building Code" and inseiY reference "as adopted by
KMC." (Ords. 2001-2003, 2089-2005)
A.25.020 Fee schedule.
Secdon 103.4.1 Pem~ir Fees af tfie Plumbiug
Code adopted by this chapter is amci~ded to read:
If a buildiug pem~iC is issued, these fees shall be
cousidered as paid as a pait of such permit fee.
If no sach building pemlit is issued, tl~en tl~e fee
schedule shaf] be computed according to Tablc
7-A at KMC 4.05.030(b).
(Ords. 64, 269, 395, 542, 1445, 1645-95, 1813-99,
2001-2003,2089-2005)
4.25.030 Minimum standards.
(Ords. 64, 269, 395, 542, Rcpealed 839)
4.25.040 Plumbing material standards.
(Ords. 64, 269, 395, 542, 839, 1645-95, 1873-99,
Repealed 2001-2003)
A.25.050 Sewer required.
(Ords. 269, 395, 542, Repealed 839)
4.25.055 I~uilding f~f'ficial.
Tl~c Building Official of the City of Kenai shall
havc the powcrs, duties ancl funciions prescribcd
for tl~e Adivinistrativc Audiority in thc Unifonn
Pluinbing Codc adopted by KMC 4.25.010,
provided the said }~owers, duties aud functions may
be pcrfornied by t1~o authodzcd representatives o'f
thc Suilding Officia] and under his supeivisio~~ and
controL(Ords.2001-2003,2089-2005~)
4.25A60 Ventterrnination.
(O~ds. 269, 395, Repealed 542)
4.25.070 Profection of piping materials and
structures.
Section 313.0 of tlie Uniform Plumbing Code
adopted by this chapter is amended to add the
following:
313.13 Watcr service pi}~e shall I~ave tl~e thaw
wire connected at the water inain, and brought
to tl~e sm°Face at the cw~b stop or other
conveilient loeation. Such wire s1~all not be
smaller than 4/0 AWG.
(Ords. 269, 395, 542, 14~+5, 1645-95, 1813-99,
2001-2003,2089-2005)
4.25.080 Air chambers.
(Ords. 126, 269; 395, Repealed 542)
(K~„~~ su~~~. No. as, ~-os~ 74-20
4.25.015
811.9 Chemical Wastes - ~ental Vacaum
9ysCems.
Exception: R-3 occupancics (ono- ancl two-
family dwclling units).
Add a i~ew section as fol(ows:
8I 1.9 Vacuum dental systems inay be installed
with Schedulc 40 PVC pipc a~~d fittings, abovc
and below grade. Piping aud fittings installed in
plenums or pcnetrating t7re rated assemblies
shall have a flamc spread index o'f not morc
than 25 and a smolre-develo}~ed rating of iiot
more Yhai~ 50 when tested in accordaoce with
the test 'for Surface Burning Cl~aracteristics o~F
Building Materials, or to be pro[ected by a»
approved'frc and smoke rated roatcrial.
1101.5 Subsoil Drains.
Amend Secfio~ 1101.5.1 by adding to d~e
beginnine of thc paragraph:
When requircd by t~hc administrative aufhoriry...
1107.9 Pilline Stations a~7d Motor S'ehicle
Washeng Establishments.
Ameud Section ] 101.9 by adding to the
beginning ofthe paragraph:
903.1.2 Vents; enaterials.
Dclcte reference to °Chapter 15 riresfop
Protcction for DWV and Stormwater Application"
and replace with "tl~e Buildiug Code as adopted by
KMC.°
TABL~ ]0-1 Horizontal D'estance of Trap
Arms.
Adci ** aiid *** after Hotizontal Distance of
Trap Arms and add tl~e following below Table 10-
1.
Whe~ required by the admi~ist~ative authoriry
ll01.ll.1 Priea~ary d2oof I3raina~e.
Delet~e the first sentence and replace with tl~e
following, to read as follows:
Roof areas of a building s1~a11 be drained by
roof diains, gutters, scuppers, or shect flow ofP
the edge of tlie roof.
1101.11.2.2 Secandary Roof Drainage.
~`* Trap arms for residential [7oor drains may
be extended beyond the limits of Table 10-1 to
where tl~cy pass uudar tl~e nearest wall before
installing thc required vent~
*** A maximum of two (2) imve~~ted floor
drains may~ be insWlled in residential garages.
Each drain shall have a two-inch (2") minimum
trap and trap arm and two-ii~ch (2") floor draii~.
The tail piece need not be vcnt~ed. Bodi h'aps
musf fie ii~to t6e main building drai~~ scparaCely.
1U07A Trap Seal Protection.
Ainend scction by adding thc following
exception:
Deletc fiom t~he ~first sentence the words "sliall
be separate froin the pri~vary system and."
CIIAPTER 12 Fuel Piping.
Chapter 12 has not been adopted. Refer to the
International Fuel Gas Code. The sizing methods in
Sectioi~ 1217 shall be considered acceptable
metliods of sizing gas piping.
1317.0 Materiais - Medical Gas Sysfems.
Amend Section 1317.4 by adding a sccoi~d
paragraph as follows:
74-19 ~xe~fl~ s~i,~ N~,. es. zus~
~g)
~~)
Notice of the consideration by tl~e
Ccir~missio^ of a homc occupation
pcrmit ap~lication shall bc publisP~cd
once at Icast two (2) days prior to thc
rneeting in a papcr of general
circulatio~ in thc City of Kc~iai.
rnits Non-transferablc. A hanc
~upation pennit grantcd undcr this scctiou
ll not be transferable to another person or
loca[ion.
E>:einption. No home occupation permit
shall be required for.
(1) Activities or business wfiich are carricd
ou so(ely by use of pho~es, computers
and mail or delivcry services; or
(2) A sfate-approved relative home day
care provider that provides care to no
more than tive (5) children (including
the care giver's own ehildren) under
the age of twelve (12) of which no
more than two (2) may be ander thirty
{30) months of age and who are the
care giver's grandcl~ildren, great-
grandchildren, sibling (only if living in
a separate resider.ce), niece ar nephew
(not a great niece or nephcw), and
which involve no outside sign, little or
no i~~crease in traffiq and with only
occasional visits by membeis of the
pub(ic to thc hume.
Firc Codc Inspections.
{1) D~y care faeilities shall be inspected
by the Fire Marshal for compliaoce
wit6 the fire cocie (KMC 8.05) prior ro
approval of the permit. Thcreafter, they
shall bc inspccted every other year by
thc Firc Marshal. Failure td comply
with the fire code (KMC B.OS) shall be
grounds for thc suspcnsion or
revocation of t'I~e facilitics' homc
occupation pcrmit.
(2) Rcsidenccs which arc thc su6ject ot a
homc occupation pcrmit application
(other thai~ day care faeilitics) may be
required to be inspected by thc Firc
Marshal for compliancc with thc firc
cod^ (KMC 8.05) prior to approval of
thc pcrmit, if thc Firc Mars',~al
dctcnnincs it is ncccssary for public
safcty.
(Ords. 925, 1456, 1885-2000, 1933-2001, 2093-
2005)
14.20.240 Mobile homes.
(a) No mobile homes may be installcd for use in
the Ciry of Kenai for public, commcrcial, or
asscmbfy purposcs after the effec[ive date of
this ordinance.
(b) No mobile home may be stored outside in
[he City of Kenai in a reside»tial-zoned area
afler the effective date of this ordinance.
(e) Mobile t~omes for cesidentia] use may be
--~" established only in mobile hoine parks as
permitted in the Land Use 7'a _b1G~,
(d) Mobile homes which wcre installed prior to
the effective date of tl~is ordinance in
conformance with applicable building code
regulatious in areas where now prohibited
and used for residential purposes or stored
outside may have such use continued
indefinitely, except thaC such trailers sl~all
not be replaced if destroyed or removed.
(e) ivlobile homes utilized on bona fide
construction sites for offices, storagc, or
other such purposes may be so uscd
anywhere withii7 the Cily Limits on the
eonstruction job they scrve, but shall be
removed immediately upon completion of
said construction.
(~ Manufactured and modular homcs as
dcfined are exempt fi~om this subsectioii.
(Ords. 925, 1017, 1155, 1419, IR62-2000)
14.20.245 Recreational vehicles.
(a) Kccrcational vchicle parks may bc allowcd
by conditional usc pcm~it as provided by the
Land Use Ta61a Prior to issuancc of a
recreational vehicle park conditioiiai usc
pcrmit, thc parks sl~all mect thc foll~wing
conditim~s:
274-7
(Kcn~ai Supp. No. R7. N-(Ib~
430.0 J 0
Chapter 4.30
~LEC`£RIeAL CODE
Sections:
4.30.E110 Adopfioti.
4.30.015 Local Amendments ~o the
NaYionai ~lecYrical Code 2005.
4.30.020 Wiring requirements.
4.30.030 Eiectrical peretiif required.
4.30.040 ]nspections.
4.3Q1.050 Minimum size of conductors.
4.3Q.055 ~uilding Offcial.
4.30.060 Fee sched~ule.
Outlcts pcr circuiT. ln dweliing u~its, no more
than i3 outlefs are allowcd on onc branch
circuiL All smoke deteetors on a cireuit may bc
countcd as a total of one outlct. Appliancc
circuits arc limited to six du}~lex receptaclcs per
circuit.
Excepfion: Fixecl lightinn~ circuits desigi~cd to
meet the appropriate sections of the code.
300.4 YroQection Bgainst physicai damage.
Amend by adding new subsection (G):
4.3Q.010 Adoptiern.
There is hereby adopted for thc purpose of
establishing stai~dards gover»i~~g the installatio~~ of
elecCrical equipmenC witliin or on public a~~d
private buildings and ~remises, that certain code
lrnown as the `National 3 lectrical Codc,", 2005
~dieion of the National Firc Pirolection Association,
exce}~t for suci~ portians as are hereinafter deleted,
modified, or aruended; and t6e same is hereby
adop¢ed and ineorporated as fully as if set out
verbatim herein. (Ords. 269, 395, 651, 988, 89-
1346, 1645-95, 1313-99, 2001-2003, 208~)-2005)
4.30.015 Local Aniendments to the iVational
Elecfrical Code 2005.
210.8(di) ~ther Ehan dwelling m~its.
Add parag~aphs 210-8(B)(6) and 210-8(B)(7)
as follows:
(6) Outdoois where accessible from groui~d
level.
(7) WiChin 6 feef of tl~e outside cdge of a sinl<.
210.23(~) Outlets per circuit.
Add a subscction (E) to Scction 210.23 to rcad
as follows:
(G) Roofs. Raceways ru^ o~i the surface of a
roof or subject to damagc fi~om s~~ow, ice, or
fc~ot tra~c, st~all be rigid mctal or intcrmediatc
metal condui[ only.
31013 Conducfor consfruc[ion and
applications.
Amend by adding the followii~g senfence to thc
end af the scction:
T1~ermoplasfic type insi~lation shall not be
ii~stalled wl~en the temperahire is less f~an -7C
(20F).
334.7G ~i'on-mefaElio-sheathed cable;
installation; inskallation temperature.
Add a new s~ction as follows:
334.16Installation tcmperaturc.
Non-metalio-sheafhed cable shall not be
installed wl~en the tem}~erature in tl~c building
ar work area is below 20 degrees Farent~eif
(-7C).°
(Ords.2001-2003,2089-2005)
4.30A20 W'iring reqacirernents.
(Ords. 269, 395, 89-1346 Rc~c~led)
74-21 (K ,,,~~ s~~~ Na ss, ~-on
43Q030
4.30.030 Electricai pennit required.
(Ords. 269, 395, 89-1346 Rcpcalcd)
4.30.040 Inspections.
(Ords.269,395,89-1346 Repcaicd)
4.30.050 NHinimdim size of conductors.
(Ords. 269, 395, 651, 1228, 89-1346 Rcpcalcci}
4.30.055 Built3ing Officeal.
Thc Building Official af tlie CiPy of Penai sl~all
have the powe~s, duties, and functions prescribed
for tl~e authoriry having jurisdietion in the National
Elect~rical Code, adopted by KMC 430.010,
provided the said powers, duties, and funetions
may be performed by autllorized representatives of
tl~e Building Official and undcr his supe~vision ai~d
cont~roL (Ords. 89-7346, 2(~01-2003, 2089-2005)
4.30.060 h'ee schedule.
I1'a building permit is issneci, ehese fees shall be
cousidered as paid as a part of suc1~ ~ermit fec.If
no such building permit is issued, the fee shall be
computed according to Tablc I-A aC KMC
4.05.030(b). (Ords. 269, 395, 579, 89-1346, 1645-
95,7813-99,2001-2003,2089-2005)
~K~,a~ s~~,~,. No. ss, zos~ 74-22
;~.~~.oio
LAND USG "CA[3LE
KEY: P= Principal Perinitted Use
C = Condidonal Use
S = Secondary tJsc
N = Not Perinitted
NOTE: Rcferenee footnotcs on
foilowing pages for addi[ional
restrictim~s
ZONING DISTRIC'TS
COMMERCtAL ~~
LAND USCS C RR RRI RS ftSl RS2 RU CC CG IL IFi ED R TSH LC
Wholes'aIe Business ~ N C C C N N C P P P P N S' C ~ C
Theeters/Commercial
Recreation N C C i C N N ~ C P P C C N P C C
[NDUSTRIAL
LA~'D US6S C RR RRI RS RSI RS2 2U CC CG It, IH GD R TSH LC
AirporCS end Relntzd lises P'0 C C C N N C P p p p h C N N
Au~omotive Repaidl'ire
Reca~ping/Rebuilding V C C C N N C P P P p f! N N N
GasMenufaciw'er/Sioregt N N C C N N N T' :J C° C° N~ N N N
Manuf2cturfng/Fabricaung/
Assambly Storage N C C C N N C C P P p N C C N
Worehouses N C C C N N C C P P P N C N N~
PUBLIC/
INSTITL'TdONAL ~ ~
~ ~
(.AND USES C RR RRl RS RSl RS2 RU ~CC CC IL IH ED R 'PSH LC
Charitahle InstiNtions ~ C C C C C C P P p P p p C P C
Chu;ches* C P~a P10 P;0 P'n p;° P"' P P P C P P~" P P
Clinics C C C C C C C P P P C C C C P
Colleges* C~ C C C C C C P P C C P C C C
Elementary Schools* C C C C C C C P P C C P C C C
CovemmentalBuildings C C C C C C C P P p C P C~ C P
High Schools* C C C C C C C P p C C P C C C~
Hos'pitals' C C C C C C ' C P P p C C C C C
Libraries* ~ C C C C C C C'~ ` P P P C P C P C~
Museums C C C C C C C P P p C P C P C
Parks' and Iteceeation P C C C C C C P P p p p P P C
Saniteriums C C C C C C ~ C C C C C C C C C
MISCELLANEOUS
LAND OSES C RR RRl RS RSt RS2 RO CC CC II. IH GD R TSH LC
Animal6oarding° C C C C C N N C~ C C C N C N C
~ BeA onA 6reukf~st C _ C C C C C C C C C C N C C C
Cabin Ren~als C C C C N N N P P p C N P P C
Cemeteries C C C C N N N C C C C N C C N
G'ematories/~u~cral hianes N C N C N N C C C C C N C C C
DayCareCenters~' C C C C C C C P P p C C C C P
Dormitones'/Boarding Houses C C C C C C P P'~ S C P k"' C C ~ P
(Kcnai Supp. No.88, 7-0b) ~ 2,92
14.22.010
LAND USE:'I'A3LG
K6Y: P~- Principal Pcrmitted L'se
C ~ Contlitiona( Use
S = Secondaiy Use
N = Nbt Perinifted
NOTE: Reference footnotes on
following pages for additional
restrictions
zo~c~c ~~sTa~c~rs ~~~
nrtrse~L~a!v~,~Us
LANU USF„S C RR 2R1 RS R91 RS2 RU CC CG IL IH ED R TSH [,C
Ess'endal Services P P P P P P P P P P P P P ! P P
Parming/Gardenin~ and P P P P P p p p p p C ,~i p ~ p p
General Agrieulture*** ~
Greenhouse5/TreeNurseries° C C C C C C C P P P C N C C P
Gw~smithing, Prin~ing, N C C C C C C P P P p N C P P
9~axidenny ~
Assemblies's (Large: C C C C C C C p's pis ~~s ~ pis pis C ~ ~ ~
Circuses, Pairs, Etc.)
Rn~ernalOrgaoizetions/ ~
N
C
C
C
C
C
C
P
P
P
C
N
C
P
C
PrivNte Clubs/Sociai Halls
and Union Hells
PJursing, Cmrvalescen~ ur
N
C
C
C ~
C ~ --
C:
C -
P ~
P
C ~
C
C
C ~
C
C
;2estHomes ( ' ~
~
~Pnrking.OffStreet ~ ~ P P P P P _
p P ~ p p ~ p p ~ p~ p~
Parking, Public Lo.s'~ C C C C C C C C C C C C C C C
Personal5ervices' C C C C C C C P P P P C C P P
Radio/TV Transmi« ers/Cell P P ' C C C~ C C P P P p p C C C
~Sites**
Raereational Vehicic Parks C C C C N N C C C C C N C. C N
Subsurface Eztraction of C C C C C C C C C C C N C N ;V
Nanu~al Resources1°
Surface Extiaction of~~aNral C C C C N ;J C C C C C N C N N
Resources"
i
See 42 USCA Sea 2000ec (Religious Land Use and Instimfimialized Persons Act oP2000)
~
*4 See Telecommunications Act of 1996, Sec, 70A(a).
*** See, however, Ihe limi[ations imposed under KMC 3.10.070.
Foutnates .
(I) Allowed as a sewndery use except on the ground floor of the part of the bufiding fronting on mllec[or s(rt~ets and in ajor highways.
(2) One (I) sin~;le-family residence per parcei, which is oart of Lhe main building.
(J) Allowed as a conditional use, subject [o sati.t'Pyirtg the Following wnditions:
(a) The~usablc area per dwelling u~it shall be the same as Ihat required fordweiling units in the RS zone;
(b) The si[e square footage i~ eree mus[ be appmved by the Commissio~;
(c) Yards aroimd the site, off-stre~t ~arking, and other development requirements shall be Ihe same as for pnnci pal uses in the RR zone;
(d) Water and sewer facilities shall meet the requirem~nts of all applicablL health regulations;
(e) The proposed dwelling giroup will constiW[e a re.t'idential urea of sus'tnined desirxbility and stability; wi ll be in hannony with the
charactcr oPihe swrounding neighborhood, nnd wili nol xdverSely affect surrounding property v~Iues;
(t) 'Phe bulldings shall be used only for residen[ial purposes anA euslomary accessory uses, such as ga ages, siorege s~~ace~s, end
recreational flnd eommunity ectivities;
(g) Them shall be provided, as part of the proposed developinent, adequetc recrea[ion areas to serve the needs of the anticipated
population;
293 (Kenai Supp. No. 8R, 7-06)
14.2~.010
(I~) Tl~e dcvclupinenl st~all not pmduce d vulume oCtraf6c in excess of the cu~>aci!y for which the uccess sV'eets ora designed;
(i) The propcrty adjac~n[ to the proposed e7walling croup wil) not 6e adverscly afftcted.
See "TOwnhouses" seclion.
~($) Sce°MobileHomes'section.
~(G) Allowed as n condilionel use, subject to "Mobile Homes° semion end provided that any mobile home pafk meets' tha minimum Federal
f lousing Authority requirumen[s_
~(7) See "Planned Unit Residentiel Developmen[" sec[ion.
(R) Allowed ~s u condi[ionol use, provideA th~i Ihe proposed location and the characteristics' ofthe Site will imt desh'oy thc reSidcntial charucter of
Ihe n~ighhorhood.
I(9) Allowed ns a conditional u~e; provided that all applicnble gafety and f re reguln[ions are met. I
Q U) Provided lhat no ~~art of any building is bcated neacer than diirty (30) feef to any adjoining sVee[ orpmperty Gne. ~
(I I) Allowed os a conditional use, pmvided [hat no par[ of any building is IocateA nearer [han ~hirty (30) faeC Io any adjofning street or properry line
~ ~nd provided furtherthat the proposed location and charecteris[ics of the use will nol adverscly affect the commercial development of the zonz
~(12) Aliowed as a conditionxl use, proviAed lhat the following conditions are meL
(a) The proposed location of the use xnd the si7~ and chxracteris[ic of Ihe sile will mnximize its 6eneft [o the ~ublic;
(b) Exits nnd e~~vances and off-street perking for Ihc use are located to preven[ Iraffw hazirds o~ publicstre~ls. (
'~.(13) Allowed 2s a conditional use, provided Ihat setbacks, buffer strips, and o:her provisions are eAeyuate lo assure that the use will nUt be a)
^uisance m surrounding pmperties. The Cmnmission shall specity the conditions neces'sary to fulfill this requirement.
QG) Allowed as a conditionai use, provided tha[ no indication of said use is evident Crom the exterior of the mortuary.
I
( IS) Aliowed, ~rovided thet the following condi;ions aa muL i
~ (a) An uncleared buFier s[rip of a[ least [hirty (30) fee[ shall be pmvided between said use and any adjoining 2ro~eny in a residenii2~ zone.
~ (6) 8xits ar.tl entrances and off-stceet pnrking for the usc shall beloceteA to prevenf traflic hazards un the publie streets.
(16; See°CondilionalUses"section.
(I7) See "Condi[ional U's'e Permit fm' Surface Extraclion of Nawra) Resourees" section.
'Q8) Conditional Use allowed only on privately held property. Not allowed on govemment lands.
(I9) Deleted by Ordinance 2144-2006
!(20) The eirport rela[ed uses allowed cnder this entry are an'crafl approach zone5 per KMC 1420-070(a), except that fo~ propenies confxined inside
~ the airport pcriineter fenez or haviog eccess to nircreR movement areas, ramps, taxiwflys or parking apro~s, PAA authorized uses are allowed.
(21) Setbacks for use shnll 6e the same as those Iisted in the °DevelopmeN Requireinents Table" for the RU/TSH zones.
Q2) Allowed as a condifion~l use in eonjur,etion with a permi(ted use in the ED zone. Por example, housing for teachers or studeots Por a school in'~~.
the zone. '~.
(?3) Allowed as an accessory use i~ wnjunction with e permi[[ed use in the ED zone. For example, a domnilory used to house sNden6 (or a echool
oruAuca[ional facility. .
(?4) Relail businasses allowed as a secondary use ir, conjunction with the primary use (e.g., a giR shop or coffee shop wiYhin another business).
(25) An sR~dios, bArbers, beau[icians, dressm¢kers, dry cleaners and self-service laundries, Fltness centers, pho[ographic studios, f~ibrs, [annin~
salo;is end inassage therapists.
Food services are al lowed on a temporary or seasonal basis of not more than four (4) months per year.
(An~ent~ed during 7-7-99 supplement; Ord. 1862-2000; amended during ]2-1-00 suppfement; Ords. ]911-
2001,1938-2001,1956-2002,19(2-2002,1990-2003,J994-2003,2053-2004,2081-2005,2112-2005,2113-
2005,2144-2006,2152-2006)
(Kcnai Supp_ Na 88, 7-06) 294
~ 432_O70
C6apter 4.32 The Building Valuatiou Data Table silown ii~
tl~e latest editio~~ of die Building Safcty Journal
RES-D~NTIAL COD~ publishcd by thc ]ntcrnational Codc Council
shall bc used to cietenninc valuc.
SCCf-0ti5:
4.32.010 Adopfion.
4.32.015 Local amendmenfs to the 2003
]nternational Residential Code.
4.32.020 F3uilding Official.
4.32.030 Ree sched~nle.
4.32.010 Adoption.
Thcre is 6ereby aciopted for thc pwposc of
esCablishing rules ai~d regulations for the
construc[ion, a1Ce~ation, n~ovemenC, cnlarge~nent,
replace~nent, repair, equipment, use and
occupancy, location, removal an~ demolition of
deCacl~ed one and rivo family dwellings and
roultiple single-famriy dweltings, thaf cereain code
known as the `9~~YCmational Residential Codc "
2003 Edition, of the Internatio~al Code Council,
includiug the appendices, except for such portions
as ar~ hereafter deleted, modified, or an~ended; and
t1~e same is hereby adopted and incorporated as
fully as if set out verbafim herein. (Ords. 2001-
2003,2089-2005)
4.32A15 Locat amenc9ments to the 2003
In4~ernateonal IZesidenYial Code.
R105.2 Work exempt from permit.
Change S~bscction ] fl-om "200" to "]20."
R107.3 Tempora~y power.
Amend the last sentcnce by changing "7CC
Electrical Codc" to "Elech~ical Cbde adopted by
KMC."
R10$.4 Relafed fees.
Add the foliowing after the first se~tence:
Any person w6o con~mences any wodc on a
building before obtaining the i~ecessary permits
shall be subjeet to an additional fee, equal fo thc
cost of the building perntit, tl~at sl~all be i^
addition to the required pemlit fees.
Section Rl l2 Board of appeals.
Delete entire section.
Refer to "Chapter 4.40 of KMC~."
Table R301.2(1) Climatic aud Geographic
I9esign Criteria.
Add Che following iu£onnafion in tl~e fablc:
Rouf suow ]oad 50 PSP
Wincl S eed ]00 mph ~
Seismic DcsiQu Cate o~ D2 ^~
Sub'ect to damaac from:
Weatl~erin Yes, severe ~
Frost Line De th 42" ~
Tennitc No
Deca No
Winter Desi =n Tem erature -] 8 de~ F
Flood Hazards , No
Ice shield under-]ayment
re uired ~ Yes
Air freezinQ index 3000
Mean annual tcm erature ~ 35 de~'ees__
R108.3 Building Permit valuateonse
Add tl~e fo]Iowing aftcr the first senteucc:
(Kenai SuE~p. No. ffi.7-05) ~4-2(7
4.3 f .~20
duCies and functions may bc perFonned by
~ authorized represei~tativcs af tl~c Building ~frcial
and under his supervision and confroL (Ords. 2001-
2003,2089-2005}
4.31.030 Feeschedute.
Section ] 06.5 of the I~ternational Fuel Gas
Code adopted by this chaptcr is amendcd to read:
If a building permic is issued, thesc fees shall be
considered as paid as a part of such perniit fee.
lf uo sucl~ btitildii~g permit is issued, the fee
shall be com~uLed according to Table 1-A at
KMC ~.05.030(b).
(Ords.2001-2003,2089-2005)
74-25 ~Kena~ s~pp. xo. as, ~-os>
4.32.015
R301.2.2.3.1 AFternate determiuation of
seismic design caTegory.
L)clcte pa~ag~aphs R307.2.2.1.1, R307.2.2.1.2,
R301.2.2.2, and Tablc R30I.22.1.1 and replace
with thc following:
Tl~e seismic de~ig~ categrny for Kenai shell bc
D2.
R309.1 Opening protection for fire ratinbs
for atfached garagea ~
Amei~d by adding a third sentence to read as
follows:
constiucted of stcol having d~icki~ess not less
than O.Oi9 inch (0.48 m~r~) (No. 26 galvanized
sl~eet ga~ge) a~~d have no opcni~~g into thc
garagc.
Acccss to a crawl s}~acc from a garagc sha(I
mcet minimum rcquireil~ents of self-closing,
tight fitting, solid wood door mcasuring 1 3/8
inches or greater in tbickness, or equivalent
laminated plywood or combinaCion plywood
aud properly secured 5/8 inch Type X gypsum
wallboard or 20-minute approved dow
assembty.
R313.3 Carbon Moo~oxide DeteMors.
Doors shall be self-closing and have smoke
gaskets at t~op and sidcs t>f~ doors a~d~ adjustable
ttireshold or sweep.
[23U9.2 Separation required.
Amend by deletiug paragraph in its cntirery and
replacing witl~ the followit~g:
A garage sl~all be separated from tl~e residence
and iLS attie area witl~ a one-hour occupancy
sc~aration. Tl~e occupa~~cy separation may be
limited to the installation of approved materials
approved for one-hour fire resisCance
consh-uction on the garage side only. 5/8 Type
X gypsum wallboard wili be considered
adequate protection for ona-hom' construction
on the gaiage side at rated walls and ceiliugs.
All plaseic pipe sucl~ as condensate lines,
vacuum lines, drav~ li~~es, waste ]i~~es aud ve~t
]iues require an approved tested fire collar or
equivalent at rated wall ai~d ceiling pcneCrations
on garage side only. A11 ferrous meCa1 pips
pcizetrations are reqnired to be fi311ed with
gypsum wallboard con~pouud or otlicr approved
materials. Pire dampers need not be insfal(ed in
air ducts passiug through the wall, f7oor, or
ceilin~ sepaiating garage frorn the dwelling,
provided such ducfs within the garagc are
Add a new subsection, R3733, Caa~bon
Monoxide Detectors, to read as follows:
Carboi~ mo~oxide detectois sha(1 be instatled oi1
each floor Ievel of dwelling units. Where there
are sleeping rooms o~ a floor, the detector shali
be placcd ouYSidc of the slecping rooms. Tl~e
alarm shall be dearly audiblc in all bed~aonls
over background noise levels witli ali
iutervening doors elosed. All cartion monoxide
deteetors shall be Iisted and installed in
accordance wiU~ fhc provisions of tl~is code.
R313.3.1 Alterations, Repairs, and
Add'e~ions.
Add a ncw subsectiou, R3133.1, Alterations,
[Zepairs, and Additioi~s, to read as follows:
When interior alterations, repairs, or additious
rcquiring a pennit occur, or when one or mom
sleeping rooms are added or crcated in existing
dwellings, Phe individual dwelling uuit shall be
provided witl~ carboi~ monoxidc detcetors as
requircd i» section R3133 and R3 ]3.4.
~4-27 (Kenni $upp. Na fl5, 9-O$)
4.32.015
R313.4 Power Sourcc.
Add a new subsection, R313.4, Powcr Som~ce,
to rcad as follows:
In ncw construction, tl~e required carbon
monoxidc detcctors shall receive thcir primary
power from t~he building wiring system, and
when primary power is intenupted, shall
receive power fimn a battery. Wiring shall bc
permanent and without a disconnecting switch
otl~er than Chose required for over cuu~ent
protectioa Carbon ~nonoxide detectors shall bc
permitted fo be elecVical outlet type with
battery back up whei~ installed in existing
buildings that undeigo alteratioi~s, repairs, or
additions ChaC do not result in the removal of the
iuterior wall or ceiling finishes exposing thc
stivcture.
R314.1.2 T6ermal barrfier.
Add the followii~g:
~xception: Poam p]asCics used i~i crawl space
areas do not require thermal ban~ier ~rovided
tl~e following conditions are n~et:
I. Entiy to crawlspace is ouly to serve
utilities.
~4~2. There are no intereonnected basemenf
areas.
3. Air to tl~e crawl space is i~ot eirculated to
otl~er parts o'f the building.
4. Foam plasCic does not exc~ed a 2-inch
tliiekness ai~d a 2.5 pou~~ds per cubic foot
mm~ina] de~sity.
5. Ventilation complyiug witl~ Sectiou R408
is provided.
6. No gas-fired equipment is located in crawl
space.
R3Y~ i1'(aisture Va~~or Refarders.
Delcte paragraph and excepfio~~s and add t6c
following:
Vapor retardcrs. All exterior wall, ceiling, roof
and floor assemblics wliich e~~closc I~cated
spaccs a~~d which arc cxposed to outdoor
ambie~~t ten~peratures shall be p~rotectccl against
watcr vapor transmission. Asscmblics ~~ot
otherwise of impermeable coi~struction shall
0ave installed, on the heat'cd side of thc
insulafion or air s}~aces, vapor retarders having
a pern~ rating of 0.06 minimum (cquivalent to 6
mils polyethylene sheeting) or od~er i~iaterial
approved by the Builcling O'fficial.
R319.3 Fasteners
R401.1 Application.
Delete cxceptions.
Add the followiug exception:
Wood fouudations shall have a 1G-inch x 10-
ii~ch reinforced concrete footiug ininimum.
R402.1.3 Restrainf for wood foundations.
Add a new subseetion, R40213, Restraint for
Wood Foundations, co read as follows:
Bascn~ent.
A 4-incl~ ti~ick conerete slab poured against the
studs. If a woode~~ screed is used, it sl~all be
Douglas fir or hetn fir pressurc d-eated in
accordauce wiCh AWPA C22 witl~ a.6~
retention.
Crawlspacc.
Option l: A miniinum S-inch wide by 4-inch
decp concrete curb poured against the inside
(Kenai Supp. No. X5,7-OS) ~]4-QH
4.3z.o i s
face of thc studs. Thc kicker shall bc reinforecd
witl~ a continuous horizontal iVo. 3 rcinforcing
bar. If the kidtcr is not pourcd with thc
contii~uous coucretc footing, it n~ay be pourcd
latcr providcd vcitical #t3 rcinforcing bars xl0
inchcs loi~g shall bc case into thc footing at 2
fcet on centcr. Thcy shali uxtend 2 inches abovc
thc top of thc footing. Tl~c continuous #3 bar
shall be securcd to the vertical #3 b~rs.
Optiou 2: Installation of preservative treated
4" x 4"s witl~ a mi~imum 1/2" x 12" galvanized
ancl~or b~lts at 24" O.C. installed iu footiug
against the inside faee of studs along fhe e~~tire
perimctcr.
Exception: The abovc necd not apply if a
suitable alternate dcsign is prepared by an
engineer registcred in die State of Alasl<a and is
approved by the Buildin~ Offcial.
R402.1.4 I3ampproofing For wood found~Qeon
walls.
b2403.1.4 Niinimum size.
Revisc thc third sentencc to rcad °All footings
shall bc at least IO inchcs in thickncss."
R403.1.3 Seisznic t•einforcing.
Revise the sccoi~d par~gra~h ~rst sc~te~~ce by
changin~ "4 feeC° to `18 inches."
Revise tl~e tl~ird paragrapli 6rst seuPence by
ehanging the number "4" [o "5" and the words
"four feeP' to `32 inehes."
Rcvise tl~e exception by deleting the words
"plain concrete footings without longituclii~al
reinforcemeat supporfing w~lls and," and add the
following:
"provided wood framing is mechanically tied to
isolated footiugs."
T2403.1.3.1 Foundations with stem~valls.
Revise to read as fol(ows:
Add a new subsection, R402.1.4,
Dan~pproofii~g for wood foundatioil walls, to read
as follows:
Approved d~mpproofing shall be applied over
the below-grade portio~~~ of exteiior basemene
and crawlspace walls prior co backfilling. A
treated luiz~ber or plywood strip sbatl be
attached to the wall to cover the top edge of the
approved dampproofing. Tl~e wood strip shall
extend at teast two (2) inches above and five (5)
inches below finish grade level to protcct thc
approved dailipproofii~g from exposure to ligl~t
and from mechanical damage at or uear grade.
Cl~e joint between tl~e strip and thc wall shall be
caulked 'full length prior to fastcning tl~e strip to
tl~e wall. Alterizatively, brick, stucco, or othcr
coveriug appropriate to the architccYnral
treatment may be used iu place of the wood
strip. Tl~e a~proved dampproofing shall extend
down to tl~e bottom of tl~e coucrete footing.
Foui~dations witl~ stemwalls shall be providcd
with a minimum of one No. 5 bar at the eop of
the wall for co~~crete masonry unit stemwails,
one No. 4 bar at the fop of the wall for ponred
concrete stemwalls, and two No. 5 bars at the
bottom of all footings. ~
R403.1.3.2 ~labs-on-ground with turned-
down footings.
Revise the first~ sente~ce by chai~ging tl~e
number "4" to "5."
Revise tl~e exception by cl~ai~ging tl~e words
"onc No. 5 bar" to "two No. 5 bars~' and deleting
the words "or tw~~ No. 4 bars."
R4d3.2 rootings for wood foundations.
Deletc eutirc paragraph and replace with the
following:
7429 ~~;e„~~ su~~~. no. as, ~-os>
4 32.0 t 5
Wood foundatious sl~all have a I6-iiich-widc x
10-inch-thick coi~crctc footiug minimum.
R404.I.4 Seismic I9esign Categories llE and
D2.
Revise Subsectio~ I. to read "Minimum
reinforceinent shall eoilsist of No. 4 horizonCal bar
placed at 16" on center for poured concrete walls
and No. 5 hoiiaootal bar pl~o~d at48" on ceu[er for
CMU walls."
Revise Subsectiou 4 by deleting t6e following
v,+ord "plain"' in two looadons aud a(idi~g at tl~e end
of the sentence "and su}~porCing one floor o~ly."
Revise Subsection 5 by deleting tJ~e word
`plain.°
Revise second paragraph by ehanging the
number "3" to "5" and the wm'ds "4 feeY' to "32
incl~es" and adcling Eo fhe end of the paragraph
"`and minimum vertical reinforccment of onc No. 4
bar located a maximum o'f 18 inches ou cenCer in
poured concrete walls:'
12evise by deletiug tl~e last paragraph.
R404.2 Wood foundation walts.
Delete the following from tlie first scntence:
"and with the details shown in Figures R4031(2)
at~d R403.1(3)."
R404.3 Wood sill pEates.
Delale tha paragrapl~ and subsfitufe with the
fotlowi~g:
Wood aill platea shall ba minimmv 2-n~c7~ x 6-
ii~ch and sl~all be bolted to the foundatibn or
fovndatio~ wall with not lcss thantei~ (]0) incli-
loog by fivc-eight6s (5J8) iuch uominal
diameter galva»ized steel bolts embedded at
Icast seven (7) inel~es into the concretc or in
fully grouCed celts of reinforced masou~y and
spaced not more than four (4) feet zcro (0)
inches apart. There shall be a minimum of two
bo1CS per piece with one bolt located within 12
inchcs of eacl~ cncl of each piece Wood si(I
plates must be treated inaterial spceified in
Section R323.1.
R404.4.6.2 Horizontal reinforcement.
Revise the Pi~st sei~tence by ehanging thc
numbcr "48" to "] 6."
Revise the second scntence by cl~anging the
number "36" to °16."
Add:
Exceptiou: Or per manufacfurer's requirements.
R404.4.6.4 Vertical reinforcement.
Add new section to read:
V~rucal rei~foreemeut shall be a minimuzn of
No. 4 vertical reiuforcing bar placed at 18
inches on center.
R406.] Concrete and masonry foundatio^
dampproofing.
Delete section and substitute witi~ tl~e
fol lowii~g:
Exccpt where required to be waterproofcd by
Section R406.2, in dwelling units onty
foundation walls that retain eazth and endose
habitable or usable spaces located below grade
sl~all be ciampproofed from tl~e top of the
footing to the tinished grade aod dan~pf~roaGi~g
shall cover tl~e top of the footn~g, and lap over
tl~e outer edge a minimum of 7 ineh. Maso~vy
wa]ls shall be dampproofed with a bituminous
coaCing, 3~oui~ds per square yard (1.63 kg/m2)
of ~crylic ~nocii6ed cemei~t, U8-inch (3.2 ~nm)
coat of surface-bonding mortar complyiug with
ASTM C 887 or any material pcrmitted for
waterproofii~g in Seetion R406.2. Concratc
walls s1~a11 bc ciampproofed by applying any
one of khe above listed dampproofiug mat~rials
or any one of the wafeiproofing materials listed
~K~~~~ s~~~p. n~~. as, ~-os~ 74-30
4.32.07 5
in Section R406.2 to thc exPerior of Yhe wall.
Foundation walls that are bac]<fillcd o~ both
sides, sueh as those used in conjunetio~ with a
"slab o~i gradc" do notrcquirc dainpproufi~g or
watc~proofi~~g.
R406.2 Concrete masonry foundatson
waterproofing.
Delete flle following words fi~om the second
sentcnce:
6 mil (0.15 mm) pofyvinyl chloride, 6 mil (0.15
mm) polyetl~ylene.
Add the following words:
R702.3.6 F'astening.
Add the~ following sentence at tl~e cnd of thc
paragraph:
Gypsum board applicd in ccilings shall bc
attached with screws. Nails are not allowcd.
T2802.3 Framing details.
Ainend subsecCion 802.3 by adding a~aragrapl~
as foliows:
Miuimum depth fron~ rqof sl~eatl~ing to wall
plate at exterior walls to bc 9 iuches on
dwelling units.
Foundation walls that arc backfilled on bo[h
sides, such as those uscd in coqjuncfion witl~ a
"slab on grade" do not require damppr~ofing or
water proofing.
R406.3.2 Below grade ~oisYUre barreer.
Delete and substihrte the~ f'ollowing:
Pounclation walls located below grade shall be
danlpproofed with either 2-ply of 15 ]b. f~ot-
mopped felt or 1 ply of 30 ]b. hot-mopped felt
or othcr approved materials.
R407.2 3tee1 wlumn protection.
Delete this section in its entirety.
IZ40~.5 Pinished grade.
Delete this scc~ion ii1 its ~nGrety.
R702.3.1 Mate~~ials.
Add a sentei~ce to I~tst paragrapl~ as follows:
Water resis[ant gypsu~n board shalt not be used
ou exterior walls.
R802.10.2 Design.
Add tlre followii~g sentence at tl~e end of the
paragrapl~:
Minimum depth of truss aE exferior wall plate to
be 9 inches on clwelling units.
R8061 VentilatBon required.
Add tl~e following senteuce to eud of
paragraph:
A non-vei~tilated iaof system may be allowed
as an altcrnate mefl~oci wheu ies design is
approved by the Buildin~ Official.
I2905.2.2 ~iope.
Delete tl~e paragraph and replacc with thc
followiug:
Aspi~alt shingles shall only be used on roof
slopes of threc ui~its vertical in 12 u~its
horizontal or gr~ater. Ui~derlaynzent shall be i~~
accordance with Scction R905.2.7 and ice
protection shall bc i^ accordance with
R905 ?.7.1.
74-31 (Kenai Supp. No. R5, 7-O$)
4.32.015
R905.2.7 Onderlayment applicatioEi.
Delete paragrapl~ and replace with the
following:
For roof slopcs from 3 vertical units in 12
horizontal units (3:12) up to 4 vertical units ii~
12 horizontml units (4:72), ui~dcrlaymcnt shall
bc two layers of non-perfoiaeed Type 15 fclt
appticd shinglc fashion. t3nderlayme»t shall be
inst~llecl starting with a 19-ii~ch lap over ice
protection. Gach stibsequent shcet sl~all be
lapped 19 ii~ches horizontally, eoutinuing to the
ridge, fastened sufficientiy Co hold in place.
For slopes 4 units varCical in 12 units ho~izontal
(4:72), or greater underlayine~~t shall be onc
layer of Typc 15 felt Underlayment shall be
insCalled starting wiCl~ 4-inch lap over ice
proteceion. Cach subscquent I~yer shall be
la~ped 2 inches horizontally and 4 i~cl~es
vertically to shed water contimiing to the ridgc,
faste»ed sufficiently tt~ I~old in place. Ice
protection will be in accordance with
R905.2.7.1.
R905.2.8 Flashing
Adr~ tl~c following at the end of the paragrapl~:
Plashing ~sl~all be not ]ess than 4 inches by 4
incl~cs i~ width.
R905.9.1 Slope.
Delete the words: °excepY for coal-tar built-up
roafs, wl~ich sl~al] have a design slope of a
minimum one-eighth unit vertical in 12 units
horizontal (1-percenC slope)."
R905.10.2 Slope.
Add tl~e following to the end of Che paragrapli:
Install underlayment unclcr all meta] roof
pancls. Underlayment shall be one layer o'f
Typc l5 fclt. Undcrlaymcnt shall bc installcd,
starting with 4-inch lap-ovcr icc proYCCtion.
Each subsequcnt laycr shall be lapped 2 inches
horizontally, and 4 inch vertically to shed watcr
continui~~g to thc ridge. Fasten su'fficiently to
hold in place. Icc proteeeion sl~all be in
accorda~ce with R905.2J.1."
Cha~ters 11-42.
Amend by delcting Chapters 17 -42 in its
entirety aud referring to applieable codes as
adoptcd in KMC. (Ords. 2001-2003, 20R9-2005)
4.32A20 Building Offic~ial.
The Btiiilding Offrcial of ihis City shali havc thc
powers, duties, ai~d fuuctions prescribed tor the
"Buildiug Official" by the Intematioi~al Residential
Code adopted by KMC 432.010, provided the
powers, duties and iunetions may be perfoimed by
authorized representatives of the Buildii~g Off'icial
~nd under his supe~vision and eoutroL (Ords. 2001-
2003,2089-2005)
4.32.030 Fee schedule.
Sectiou R108.2 of tl~e Intcrnational Residential
Code adopted by this chapt~er is anlended to read:
Add the following to the end of tl~e paragraph:
Thc fees for constiti~ctioi~ of Group ,R-3 and
Crroup U-1 occupa~~cies, or porfious tllereof, as
follows:
l. Group R-3 $0.28 per square foot
2. Group U-1 $0.14 per square foot
Plan review fecs shall be 50% of the buitding
permit fee lisfed abc>ve.
(Ords. 2001-2003, 3089-2005)
(Kenaf Supp. N~. 85,7-OS) ~4-32
~
Suggested by: Administration
CI~ O~ 1~IAI
~ I1V~CE 1V0. 219~-2mOf
AN ORDTNANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.240(c) BY ADOPTING MOBILE HOME STANDARDS FOR MOBIL~ HOME
PARKS WITHIN THE CITY OF KENA3
WHEREAS, KMC 14.20.240(c) allows mobile homes for residential use in mobile home
parks within the City of Kenai, and,
WF-TEF2EAS, KMC 14.20.240(c) does not provide for minimum standards for mobile
homes brought into mobile home parks; and,
WIIEREAS, such minimum standards would improve the safety, aesthetics and living
conditions in mobile homes in the City of Kenai; and,
UJHEREAS, it is beneficial to residents of mobile home parks to provide for minimum
standards for such mobile homes; and,
WHEREAS, such minimum standards would benefit the mobile home parks and
nearby property; and,
WHEKEAS, it is in the best interest of the City of Kenai to provide for minimum
standards for mobile homes in mobile home parks; and,
WI-IEREAS, the miriimum standards adopted in this ordinance would apply to moUile
homes placed in moblle home parks after the effective date of this ordinance.
N~W, THEREFOIZE, SE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.240(c) is amended to read as stated below.
14.2~.2~0 iViobiTe floasaes.
(c) Mobile homes for residential use may be established only in mobile
home parks as pern7itted in the Land Use Table, subject to the
followin~ mobile home standards.
(1) No_mobile home may be placed in a mobile home nark until it h
~ ,:~
~%s' f J.^l +~aa~~`"r ~
homes must meet the National Manufactured Home Construction
and Safetv Standards and dispiaV a seal certifyin~ that it was built
accordin~ to such standards. Inspection ma~be done bv
~z°din~s~ce Na. 2I~36-2006
I'age ~ af 4
$100. The fee shall cover the cosYs of the initfal inspection and
inspector to inspect the furnaces, water heater, foundation or
biockin , and verification of smoke and carban monc~xide
detectors. No wrecked or dilapic3ated mobile home mav be placed ~~~ "~ ~
in a mobile home r~ark. Mobile hame spaces shall meet the Jy~'/ ~" 4 -
~~Y``" ~Y CJ ~.r.r ~~
reauiremei~ts af the electrical code as adopted in KIVtC 4.30 and-
theplumbinE code as adopted irn KMC 4.25. ~f ~n~
(2) Foundations. Mobffe hcmes mav Ue attached to nermanent
foundations; provided that the foundations cornpiv ~rith the citv's
building cade. Additions to such mabilz homes on permanent
foundatians shall be factorv-built additians or shall compl~th
the huildin~ code and shall be attached topermanent foundations.
Mobile honxes that are not on permanent foundations shall he
blocked as specified in this secfion, and mav have either factorv-
Uuilt additions or additions that comnly with the buildin~ code.
Such additians need not be olaced on permanent foundations but
must be placed onpreservative-treated wood or 8" b~y 8"
canerete pads or eoncrete masonrv units.
(3) Blockin~. In order that safe mountings for rnobile homes which
are not attached to permanent foundations mav be~rovided, the
rear and at ap~roximatelv ei~ht feet on center under the main
frame rnembers on each side of the mobile home and under the
ton~ue if it is not removable. If wood is used for blocking the
ground or bearin~ block at each point shall be a minimum of two-
inch thickness by four sqtzare feet of surface and of preservative
treated wood. Additional blockin~ used shall be a minimum of one
and one-half square feet but in no instance be longer or ~vider
size: Biacitin~mav be iarsunated of matenal not iess than two-
inches. The use of shims will be allowed, provided the shim is of
the same len~th and width and Ien th as the block ahove it and in
no case less than six inches bv twelve inches in are~. The use of
wedges will not be acceptabie. If cored eonerete blocks are used
for blockin~ the moblle home, the core shail be placed verticailv on
a solid conerete pad not less than four inches thick and not less
than four sauare feet in area at each Foint of blockin~. All such
concrete blocking shall be load-bearin~ blocks commonlv known
subinitted for at~provat prior to installation and apAroved bv
Buildin~ Official as consistent with the safety standards and goals
set forth in this seetion.
Qrciin~zta~~ No. 2I ~~-2606
Page 3 of 4
(4j Skirtin~. A1P moblle homes shall be skirted within 90 davs of
placement in a mobile home park. The skirtin~ shall be in such a
manner as to withstand the elements and aIl access ooenings in
skirting shall t~e closed when not in use and made of solid panels.
(5j AIl entrances to a mohile hozne sh_a_ll be provided with permanent
treated lumber. The entrance to an attached deck or similar
extension shall be considered as an entrance to a mobile home.
Any piers used to provide stabilitv to a mobile home must meet
the reauirement of the buildin~ code in effect at the time of
installation.
46) Additions. Onlv one lean-to and one arctic entrv may be attached
to any,mobile home ~aroyided they meet th~ requirements of this
section. Additions mav not use the mobile hoine for structural
support. No lean-to or combination of lean-to and arctic entrv
built or attached to anv mobffe home in a mobile home park shall
have a floor area exceedin~ the floor area of the oriEinal mobffe
home ta which it is attached. No lean-to shall be construeted or
maintained of anv size or in anv position which violates the side
vard, rear vard, frant vard or maximum allowable lot covera~e
requirements that are applicable in the oarticular zone or mobile
~`he mobile home. Additions to mobile homes require a buiidin~
permit. Additions may onlv be made to mobile homes meetin~ the
National Manufactured Horrte Cmzstruetion and Safetv Standards
and displa~g a seal certifyzn~ it was bufft according to such
standards.
(7) OutbuiPdan~s and additional struetures. Detached struetures
~~
to or other buildin~ in the mobiie home oark. Detached
structures shall require a buiidin~ perxnit as required under the
residential code ado~ted in KI~IC 4.32. The construction of lean-
tos and similar structures shatl be accomplished only after
obtainin~ a buildin~permit from the building official and then in
accordance with the city's buildin code.
(8j Setbacks. There shall be a side vard of not less than 15 feet at the
entrv side of the mobile home, a side yard of not less than 8 feet at
the non-entrv side, a rear vard of not less than 10 feet and a front
vard of not less than 10 feet
(9} Space size. Each conventional singie-wide mobile home sha1l be ~, F~ ~
located on a plot/space havin~ an area of not less than 3 200 t"~ ~ f~~'
square feet and each double-wide mobile home shall be located on ~ ~,~
a plot havin~ an area of not less than 4,200 square feet A inobile /~y`X ~I~~?
Ordi~ia~ce ~Ia. ;? 19~-2E~06
~'age 4 of 4
home mav not cover more than 40 percent of the pPot/s~ace size
for that mobile home.
PASSED BY THE COUNCIL OF TF-IE CITY OF KENAI, ALASKA, ttais first day af
Navember, 200F>.
PAT PORTER, MAYOR
ATTEST:
Caro1 L. Freas, City Clerk
Introduced: October 17, 2006
Adopted: November l, 2006
EfPective: December 1, 2006