HomeMy WebLinkAbout2003-09-08 Harbor Commission PacketKENAI HARBOR COMMISSION MEETING
SEPTEMBER 8, 2003
KENAI COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1:
CALL TO ORDER & ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3:
APPROVAL OF MINUTES -- July 7, 2003
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
ao
Cary R. Graves, City Attorney-- Commission and Committee Powers
ITEM 5:
OLD BUSINESS
ITEM' 6:
NEW BUSINESS
d.
Discussion --. Discharge of Firearms in the City Limits
Discussion-- Dip Net Fishery
Discussion-- Special Use Permit-- Randy Meier, d/b/a R&I
Seafoods/Boat Storage Area.
Discussion -- Kenai Peninsula Borough/Kenai River Protection Area
Ordinance-- 50 Foot Setback.
ITEM 7:
REPORTS
a,
Director
Dock Foreman
City Council Liaison
ITEM 8:
COMMISSIONER COMMENTS//}UESTIONS
ITEM 9:
PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10:
INFORMATION
Kenai City Council Action Agendas of August 6 and 20, 2003.
ITEM 11:
ADJOURNMENT
KENAI HARBOR COMMISSION MEETING
JULY 7, 2003
KENAI COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1'
ITEM 2'
ITEM 3:
ITEM 4:
ITEM 5'
ITEM 6:
ITEM 7:
a. .
ITEM 8:
ITEM 9-
ITEM 10:
CALL TO ORDER/h ROLL CALL
AGENDA APPROVAL
APPROVAL OF MINUTES -- May 12, 2003, June 9, 2003
PERSONS SCHEDULED TO BE HEARD
OLD BUSINESS
Discussion-- Kenai Coastal Trail Update
NEW BUSINESS
Discussion-- Discharge of Firearms in the City Limits
REPORTS
Director
Dock Foreman
City Council Liaison
COMMISSIONER COMMENTS / OUESTIONS
INFORMATION
Kenai City Council Action Agendas of June 4 and 18, 2003.
6 / 27/03 Kenai Harbor Rate Schedule Update
ADJOURNMENT
KENAI HARBOR COMMISSION MEETING
JULY 7, 2003
KENAI COUNCIL CHAMBERS
7:00 P.M.
VICE CHAIR BARRY ELDRIDGE, PRESIDING
MEETING SUMMARY
ITEM 1:
CALL TO ORDER lk ROLL CALL
Vice Chair Eldridge called the meeting to order at approximately 7'05 p.m.
was confirmed as follows:
The roll
Present:
Absent:
Others present:
Eldridge, Higley, Barrett, Simon, Spracher
Foster and Thompson
Public Works Manager Komelis and Councilman Bookey
ITEM 2:
AGENDA APPROVAL
MOTION:
Commissioner Spracher MOVED for approval of the agenda as presented and
Commissioner Higley SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3:
APPROVAL OF MINUTES -- May 12, 2003, June 9, 2003
MOTION:
Commissioner Simon MOVED for approval of the minutes as presented and
Commissioner Higley SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5:
OLD BUSINESS
Discussion -- Kenai Coastal Trail Update
Komelis reviewed information included in the packet and gave a brief update of the
project's progress. In answering a question of Commissioner Simon, Komelis also
noted the Corps of Engineers and the city have worked on erosion issues for many
years, but with no formal studies and the city has no information dating before 1980.
Councilman Bookey reported Mayor Williams, City Manager Snow and Komelis met
with Congressman Young relative to this project and $7 million was requested for this
year and for next year for the project.
ITEM 6:
,
NEW BUSINESS
-ae
Discussion -- Discharge of Firearms in the City Limits
It was noted Commissioner Foster requested this item be included on the agenda. Due
to his absence, the Commission requested the item be included on the next meeting
agenda.
ITEM 7: REPORTS
7-a. Director-- Komelis reported the following:
· The city is ready for the dipnet fishery, July 10-31; new signs have been
placed; charges for parking and use of the boat launch have increased to $10 and $15
respectively.
· A $350,000 state grant has been reallocated from a boat launch near
Cunningham Park to the boating facility, possibly for a new exit road to Bridge Access
Road, which would cross Conservation Fund property. He will be meeting with Fund
representatives to discuss the matter this week.
· U.S. Fish & Wildlife grant funds of $12,000 have been applied for to
protect wetlands off South Spruce. The project includes moving concrete piling;
placing new parking lot curbs and gutters; improving the trail from Municipal Park to
the beach; and signage.
7-bo
Dock Foreman -- No report.
7-c. City Council Liaison -- Bookey reported the following:
· Council completed the city budget process.
· A "groundbrealdng" for Home Depot was held on July 2 and a reception
was held immediately following.
ITEM 8:
COMMISSIONER COMMENTS/OURSTION~
Barrett -- Reported he is now a resident of the city and asked for an update on
the Bridge Access Pathway. Kornelis stated he was not aware of anything new and
Commissioner Simon reported it was her understanding the environmental study is in
process and would be available at the Library for review upon its completion.
Simon -- · Asked for an update on the dock leases and Komelis reported the
city negotiated a lease with R&,J Seafoods for Stations 2 and 3, with R&,,J receiving a
reduction in rent of $2,500 for cleaning the restrooms and mowing the lawn.
· Requested dead trees on the bluff by the Sewer Treatment Plant be
removed and requested a porta-potty be placed at the bottom of the trail in the parking
lot on the north side dipnet parking lot.
Higley -- Asked if any new businesses were going in one of the old canneries
and Bookey noted there had been some interest.
HARBOR COMMISSION MEETING SUMMARY
JULY 7, 2003
PAGE 2
Spracher -- .Asked about testing on the fiver by the Corps and Komelis stated
there was some work being done by Fish & Game and on the north beach.
· Noted the Merchant Marine Memorial is working on a grant for $125,000
which could be increased with a match to $250,000.
ITEM 9.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD -- None.
ITEM 10:
INFORMATION
10-a.
10-b.
Kenai City Council Action Agendas of June 4 and 18, 2003.
6/27/03 Kenai Harbor Rate Schedule Update
ITEM 10:
ADJOURNMENT
MOTION:
Commissioner Spracher MOVED to adjourn and Commissioner Eldridge SECONDED
the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:10 p.m.
Summary prepared by:
Carol L. Freas, City Clerk
HARBOR COMMISSION MEETING SUMMARY
JULY 7, 2003
PAGE 3
CITY OF KENA
,,
210 FIDALGO AVE., SUITE 201:) KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO: Commission and Committee Members
FROM'c~/~g~ Ca~ R. Graves, City Attorney
DATE: August 27, 2003
RE: Commission and Committee Powers
The Council asked me to write a memorandum regarding the powers of the various city
commissions and committees (hereinafter "commissions"). KaMC 1.90 outlines the standard
procedures for them. The general procedures apply unless there are specific code sections
regarding the commission or committee that specify otherwise. KMC 1.90.020(a) states that
commissions and committees "shall act in an advisory capacity to department heads within the
City Administration." (Emphasis added.) KMC 1.90.050 states, "All acts of boards,
commissions and committees are subject to the paramount authority of the City Council."
The impetus behind this memorandum was a move by a Commission Chair to independently go
out for and craft a request lbr proposals for management of a city facility. In that case, it
appeared the Commission Chair intended for the commission to bypass the City Council and
Manager and do its own process for the selection of management of the facility. Such a process
clearly exceeded the scope of the intended powers of a commission.
Of the various commissions, the one with primary independent authority is the Planning and
Zoning Commission. That commission has independent authority under AS 29.40 and KMC
14.05.010 for the determination of various zoning issues such as granting of variances or
conditional use permits. Those decisions, ho~vever, are still subject to appeal to the City Council
acting as the Board of Adjustment and then the Superior Court. In other areas, that commission
acts only in an advisory capacity to the city and borough.
The other commissions act almost exclusively as advisory bodies. They, subject to council
approval, adopt master plans for the physical development of facilities and some of them (e.g.
Library, and Parks and Recreation) also make advisory recommendations as to hiring of a
department head. The duties of the various commissions are in the code as follOws: 1) Planning
and Zoning~KMC 14.05.010; 2) Harbor~KMC 11.10.010; 3) Library~KMC 1.57.010; 4)
Commission and Committee Members
Auzust 27. 2003
Paze 2 of 2
Parks and Recreation~KMC 19.05.010; 5) Airport~KMC 21.25.010; 6) Beautification--KMC
1.90.020 and 7) Council on Aging~KMC 1.90.020 and Article VI of its Bylaws.
Copies of the various code sections are attached for your review. Please feel free to let me know
if you have any questions.
CRG/sp
Attachments
cC:
Linda L. Snow, City Manager
1.90.010
Chapter 1.90
STANDARD PROCEDURES FOR BOARDS,
COMMISSIONS AND COMMITTEES
Sections:
1.90.010
1.90.020
1.90.030
1.90.040
1.90.050
1.90.060
Creation.
Duties.
Qualifications.
Terms.
Proceedings.
Specific requirements of boards,
commissions and committees.
1.90.010 Creation.
All boards, commissions and committees created
by the Council of the C i.ty of Kenai, shall consist of
seven (7) members who shall be nominated by the
Mayor and confirmed by the City Council from ap-
plications submitted to the Ci.ty Clerk. A chairman
and vice-chairman shall be selected annually and
shall be elected from and by the appointed members.
The Mayor and one Council Member elected by the
Council as ex-officio members and as consultants of
any board, commission or committee, may attend all
meetings, but shall have no voting power on the
board, commission or committee. A member of
Council or City administrative staff shall attend ali
meetings of boards, commissions and committees
and supply staff support.
1.90.020 Duties.
(a) Members of boards, commissions and commit-
tees shall be required to establish policies relat-
ing to their respective organization. They shall
act in an advisory, capacity, to department heads
within the City Administration if there are such
departments in the City organization that di-
rectly relate to the board, commission or com-
mittee.
(b) If the board, commission or committee has in-
come stated within the City of Kenai annual
budget, said board, commission or committee
shall work with the City. Manager to establish
expenses projected for me year/hr approval !~y
the City Council.
1.90.030 Qualifications.
(a) A member of a board, commission or committee
must be a resident of the City of Kenai, unless
the board, commission or committee is specifi-
cally exempted by Council from this require-
ment. The member cannot be an officer or em-
ployee of the City of Kenai. If any member
should move his residence from the corporate
limits of the City of Kenai (if applicable), is an
officer or employee of the City of Kenai, or shall
be elected or appointed as an officer or em-
ployee of the City of Kenai, the service of such
member shall terminate immediately. He should
be aware that he will serve without salary, but
will be reimbursed for all reasonable expenses
incurred in connection with this service, only af-
ter approval by Council.
(b) The Beautification Committee, and Harbor, Li-
brary, and Parks and Recreation Commissions
may at the discretion of the Council have up to
two non-resident members each. (Ord. 1948-
2002)
1.90.040 Terms.
(a) A member of a board, commission or committee
shall serve for a term of three (3) years, unless
the board, commission or committee is specifi-
cally exempted by Council from this require-
ment. At renewal date, the Mayor, with consent
of the Council, can reappoint the member or
recommend a replacement.
(b) The terms of the initial board, commission or
committee member shall be staggered so that
three (3) members will be appointed for one
year; two members will be appointed for two
years; and two members will be appointed for
three years. Terms shall commence on January i
of each year.
1.90.050 Proceedings.
(a) All boards, commissions and committees will
have regularly scheduled meetings which shall
(Kena' 9-7-02) .3 _9
1.90.050
be open to tl~e puolic. Exce!~tions to the meeting
requirements shall be established b.x' Council.
Permanent records or minutes shall be kept of ali
proceedings and such minutes shall recora the
vote of each member upon every, question.
Every decision or finding shall immediately be
filed in the office of the City Clerk and shall be
a public record open to inspection by any per-
son. All acts of boards, commissions and com-
mittees are subject to the paramount authority of
the City Council.
(b) If the commission, committee or board member
shall be absent from more than one-half of ali
the meetings of his/her comminee, commission
or board, regular and special, held within any
period of three (3) consecutive calendar months.
he/she shall thereupon cease to hold the seat.
(Ord. 1610-94)
(c) In all matters of parliamentary, procedure.
Robert's Rules of Order as revised shall be ap-
plicable and govern all meetings, unless as
specified in KMC 1.15.060 motions: KMC
1.15.100, speaking; and KMC I. 1:5.110, voting.
(d) The responsibility, of insuring that ali members
of boards, commissions and committees receive
a copy of the Standard Procedures of Boards.
Commissions and Committees lies with the City
Clerk.
1.90.060 Specific requirements of boards,
commissions and committees.
Requirements of boards, commissions and com-
mittees as set forth in KMC 1.90 are general re-
quirements and shall be followed to the extent that
they do not conflict with specific requirements found
in code sections specifically pertaining to individual
boards, commissions and committees. (Ords. 1223,
1239)
3 3 (Kcnai 9-7-02)
Chapter 14.05
PLANNING AND ZONING COMMISSION
Sections:
14.05.010
14.05.020
Duties and powers.
Fees.
14.05.010 Duties and powers.
(a) The Commission shall be required to perform
the following duties:
(1) Review and act upon requests for vari-
ance permits, conditional use permits,
planned unit residential development
penmts, and other matters requiring con-
sideration under the Kenai Zoning Code.
(2) Interpret the provisions of the Kenai
Zoning code and make determinations
when requested by the Administmlive
Official.
(3) Review the City of Kenai Comprehensive
Plan on an annual basis and conduct a
minimum of one public hearing. Said
reCOmmendations shall be forwarded to
the Council for consideration.
(4) Promote public interest and understanding
of comprehensive planning, platting,
zoning, land management, and other
issues relating to community planning
and development.
(5) Proposed plans for the rehabilitation or
redevelopment of any area or district
within the City.
(6) Perform historic preservation reviews and
duties as set froth in KMC 14.20.105.
(b) The Commission shall act in an advisory ca-
pacity to the Kenai City Council regarding the
following matters:
(1) Kenai Zoning Code and Official City of
Kenai Zoning Map amendments.
(2) City and airport land lease or sale peti-
tions.
(3) Capital Improvements Programming. The
Commission shall submit annually to the
Council a list of recommended capital
14.05.010
improvement~ which, in the opinion of
the Commission, are necessary and desir-
able to be constructed during the forth-
coming three-year period. Such list shall
be arranged in order of preference, with
recommendations as to which projects
shall be constructed in which year.
(c) The Commission shall act in an advisory ca-
pacity to the Kenai Peninsula Borough Plan-
ning Commission regarding the following mat-
ters:
(1) Subdivision Plat proposals.
(2) Right-of-way and easement vacation
(3) City of Kenai Comprehensive Plan
amendments.
(KMC 14-3; Olds. 155, 403, 1018, 1161, 1179,
1892-2000)
14.0~.020 Fees.
In order to defray the expenses connected with
tim consideration of applications for variances and
conditional use permits, the person presen~g the
application shall pay to the City Clerk a fee in the
amount of one hundred dollars ($100.00). A fee in
the amount of one hundred dollars ($100.00) shall
accompany an application for amendment to the
Kenai Zoning Code or Official Map. Whether an
application is granted or denied by the Commission,
the petitioner or applicant shall not be entitled to the
retum of the fee paid. (KMC 14-11; Orals. 403,954,
1161, 1179)
233 ac=,i 4-7-01)
11.10.010 '
Chapter 11.10
HARBOR COMMISSION
Sections:
11.10.010
Duties and powers.
11.10.010 Duties and powers.
(a) The Commission shall be required to do the
following:
(1) Develop, adopt, alter, or revise, subject to
approval by the City Council, a master
plan for the physical development of
harbor or port facilities for the City. Such
master plan with accompanying maps,
plats, charts, descriptive, and explanatory
matter, shall show the Commission's
recommendations for the development of
the City Harbor facilities may include,
among other things:
(i) development of the type, location,
and sequence of all public harbor
facilities;
(ii) the relocation, removal, extension, or
change of use of existing harbor
facilities;
(2) Submit annually to the City Manager and
Council, not less than ninety (90)days
prior to the beginning of the budget year,
a list of the recommended capital im-
provements which, in the opinion of the
Commission, are necessary or desirable to
be constructed during the forthcoming
three (3) year period. Such list shall be
arranged in order of preference, with rec-
ommendations as to which projects shall
be constructed in which year.
(3) Make investigations regarding any matter
related to City harbor facilities, tide or
submerged lands. Make recommendations
to the Council relative to the care, con-
trol, and development of tide and sub-
merged lands.
(4) Act in the capacity as directed and authc,
rized by a tidelands ordinance adopted ,.
the City.
(5) Review all City leases of City-owned
tide, submerged, and lands or navigable
waters within the City, anci as to the
planned improvements proposed and
make recommendations to the City Coun-
cil.
(6) Make and prepare reports and plans for
approval by the City Council.
(7) Coordinate public effOrts, individual and
group, to the effectuation of approved
plans.
(8) Shall act in advisory capacity in the se-
lection of a Harbor Director should such
a position be created by the City Council.
(Ords. 474, 1161, 1802-98)
165 ~em 5-21-99)
Chapter 1~7
LIBRARY COMMISSION
Sections:
157.010
1.~7.020
Duties and powers.
Library regulations.
1.57.010 Duties and powers.
The Commission shall be required to do the
following:
(a) Develop, adopt, alter, or revise subject to ap-
proval by the City Council, a master plan for
the physical development of library facilities
for the City;
(b) Submit annually to the City Manager and
Council a list of recommended capital and
other improvements in regards to the library;
(c) Make recommendations regarding any matter
related to library service;
(d) Serve as the liaison between the public and the
City Council in regards to library service;
(e) Work closely with the Kenai Community Li-
brary Board for the betterment of the Kenai
Community Library;
(f) Shall act in an advisory capacity in the selec-
tion of the City Librarian.
(Ords. 852, 1151, 1802-98)
1.57.020 Library regulations.
The Library Regulations shall be as listed under
the regulations section in the Kcnai Code, Supple-
merit #18, 'adopted on September 20, 1982, and all
future updates. (Ords. 852, 1161, 1802-98)
i.57.010
21 (Kenai 5-21.99)
Chapter 19.05
PARKS AND RECREATION COMMISSION
Sections:
19.05.010
19.05.010
19.05.030
19.05.040
19.05.050
Creation.
Duties and powers.
Terms and appointments to
vacancies.
Qualifications of Commission
members.
Proceedings of Commission.
19.05.010 Creation.
(Ord. 416, repealed 1161)
19.05.010 Duties and powers.
The Commission shall be required to do the
following:
(a) Develop, adopt, alter, or revise subject to ap-
proval by the City Council, a master plan for
the physical development of recreation facilities
for the City. Such master plan with accompany-
ing maps, plats, charts, descriptive, and explan-
atory matter, shall show the Commission's
recommendations for the development of the
City's recreation facility may include, among
other things:
(1) Development of the type, location, and
sequence of all public recreation facilities;
and
(2) The relocation, removal, extension, or
change of use of existing recreation facili-
ties.
Co) Submit annually to the City Manager and
Council, not less than ninety (90) days prior to
the beginning of the budget year, a list of rec-
ommended capital improvements, which in the
opinion of the Commission, are necessary or
desirable to be constructed during the forth-
coming three (3) year period. Such list shall be
arranged in order of preference, with recom-
mendations as to which projects shall be con-
structed in which year.
19.05.01~
tc) Make investigations regarding any matter relat-
ed to City recreation.
(d) Make an ' prepare reports and plans for approv-
al by the City Council.
(e) Shall act in advisory, capacity in the selection
of a Director of Parks and Recreation.
(On:is. 416, 1161)
19.05.030 Terms and appointments to
vacancies.
(Orcls. 416, 430, repealed 1161 )
19.05.040 Qualifications of Commi~on
members.
(Ords. 416, 619, repealed 1161 )
19.05.050 Proceedings of Commission.
(Ord. 416, repealed 1161)
353
Chapter 21.7_5
AIRPORT COMMISSION
Sections:
21.25.010
21.25.020
21.25.030
Duties and powers.
Qualifications.
Membership.
21.25.010 Duties and powers.
The Commission shall:
(a) Develop, adopt, alter or revise, subject to ap-
proval by the City Council, a master plan for
the airport development. This may include: '
(I) Development of type, location and se-
quence of all airport terminal facilities;
(2) Development and use of all ,airport aero-
nautical lands.
(b) Observe, oversee and guide in an advisory
capacity, any matters relating to use of airport
runways, airport terminal, and airport aeronauti-
cal lands.
(c) Act in an advisory capacity, to the Council and
the Airport Manager.
21.25.020 Qualifications.
Members of the Airport Commission will con-
form to the requirements of the City of Kenai
Boards, Commissions, and Committees Standard
Procedures as established by KMC 1.90, except that
members of the Airport Commission need not be
residents of the City of Kenai. (Ord. 1531-93)
21.25.030 Membership.
The Commission shall comprise of seven (7)
members who shall be chosen so as to represent
broadly the following areas:
(a) One member, fixed base operator (FBO)
(b) One member, lessee of airport aeronautical
lands or terminal facility.
(c) One member, with expertise in Federal Avia-
tion Administration functions.
(d) One member, representing the Civil Air Patrol.
(e) Three members, at-large, representing the busi-
ness and professional community.
~' '.25.010
(t) One non-voting member, representing aa ho'-
member of the Kenai City Council.
(Ord. ~531-93)
381
Article VI
POWERS OF THI~ COUIVCIL
The powers of the Council are advisory only and are derived from the federal, state,
and city local governments which provide the funds for operation and all powers and
activities shall be exercised in accordance with law. All action taken by this Council
shall be submitted to the City Administrator and shall be subject to approval by the
Kenai City Council.
Suggested by' Administrz
CITY OF KENAI
ORDINANCE NO. 2015-2003
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1'3.15.010(a) TO REDEFINE THE ALLOWED HUNTING AREAS WITHIN THE CITY
AND REPLACE THE MAPS OF THOSE AREAS WITH AN UPDATED ONE.
WHEREAS, the discharge of firearms is allowed in certain areas within the city limits
of the City of Kenai provided by Resolutions 75-38 and 75-41; and,
WHEREAS, the designated hunting areas are displayed on Appendices I and II of KMC
13.15.010, as provided in Resolutions 75-38 and 75-41; and,
WHEREAS, residential development has expanded over the years into parts of the
designated hunting areas; and,
WHEREAS, public safety is enhanced by prohibiting hunting in residential areas; and,
WHEREAS, the maps provided in the code are old and difficult to read; and,
WHEREAS, new, computer-generated maps are clearer and easier to understand.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 13.15.010(a) is hereby amended by replacing Appendices I and II
with a new Appendix I, attached hereto, and amending the Code to read as follows'
13.15.010 Discharge of firearms.
It shall be unlawful for any person to:
(a) Discharge a firearm within the City [L]_limits not specifically
designated by Council [RESOLUTION] as being a proper place for the
discharge of firearms. It shall be unlawful for any person to discharge a
firearm in any place within the City [L]_limits other than in an area
specifically designated in the map marked Appendix I and [AS] provided
in this section. [SAID RESOLUTIONS ARE APPENDED TO THIS
CHAPTER, MARKED APPENDIXES I AND II, AND ARE INCORPORATED
HEREWITH.]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
September, 2003.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
(5/27/03 sp)
Introduced:
Adopted'
Effective'
September 3, 2003
September 17, 2003
October 17, 2003
Legend
USES ALLOWED*
~ Shotguns Only
Kenai Peninsula Borough
GIS Division
The information depicted hereon $
is for a graphical repr ..... ion CITY OF KENAI
o~ly of best available sources.
The Kenai Peninsula Borough DECEMBER 23, 2002
for any errors on this map
........ ponsibility *Also see State of Alaska regulations.
KENAI POLICE DEPARTM.. . .)
107 SOUTH ~rILLOW STREET K~NAI, AK 99t
Telephone (907) 283-7879
Fax (907) 283-2267
August >1. 2003
To:
FM:
Lmda Snow. City Manager
Chuck Kopp, Chief of Pohce
Kim \X'annamaker. Lieutenant
Bob Frates. Parks & Recreauon Director
Keith Komeiis. Public \X'orks Manager
2003 Kenai River Personal Use Dipnet Fishen'
The 2003 Dipnet Report includes this summary memo highlighting sigmficant fishery observations, statistics.
expenses and recommendations for the 2004 dipnet fishery; acUvitv reports of Police. Parks and Recreation.
and Public Works: and the Seasonal Enforcement Officer report detaiimg fishen' observations, photos and
recommendations for enhancing the North and South beach dipnet fishen'.
The dipnet fisher3' opened at 6am on T'hursdav, 7-10-03 and closed at l lpm. Thursday, 7-31-03. 5lost
problems associated xx4th the fishen' were anticipated and categorized as typical, and generated more irritation
with the frailties of human behavior than actual incurred difficulty.
The Police Department hired two non-sworn, unarmed Seasonal Enforcement Officers (SEOs) whose
scheduled shifts provided coverage 7 days a week during the fishery. The SEOs overlapped during the week
and worked cooperatively with Parks & Rec, Cit3' Dock personnel, and were assisted as needed by Patrol
Officers. T'ne SEOs were responsible for Cit~' Code enforcement (camping, parking, off-road vehicle
operations. AT¥ use'~. The ~vo SEOs wor'king this year xvere experienced, both having xvorked the same
positions last year.
The Department handled 49 dipnet-retated calls for sen'ice, comr~ared to 38 in 2001 and 49 in 2002. The 49
calls for sen-ice in 2003 were actually more. but the daily iron ranger change-outs (Officers assisting Parks &
Rec employees) xvere all logged under a single daily ser~qce call rather than individually numbered. The calls
for sen'ice included ATV & off-road vehicle, operations, par-king violations resulting in more than 220
xvamings, 15 citations and 6 impounds, iost/stolen/'found properu' reports, fishing gear disputes, and lost
children and/or pets. The Department also investigated one death at the Cin' Dock. generated 3 investigauve
reports, and issued one traffic citauon for a moving violauon.
Sworn Officers spent 33 hrs and SEOs spent 240 hours on dipnet-retated acuvitv. _\ Honda 4-xvheeier was
again provided by ti~e Kenai ,River Center and used extensively by :5. e SEOs for par_rolling thc South Beach.
KENAI POLICE DEPARTMENT
2003 Dipnet Fishery. expense summaries are noted below:
Police Department Expenses (Labor)
Police Officer (33hfs) 755
Seasonal Enforcement Officer~ (240hrs) 2,988
Total $3,743
Parks and Recreation Expense Estimate
Matenais& Sen'ices 21."'~/_9
Labor 1~147
Total $22,876
Public Works Expense Estimate for Kenai Boating Facility.,
Materials and Sen'ices 6.447
Labor 6,609
Total 13:056
Grand Total Expenses $39,675
Launch Ramp and Dipnet Parking Revenue
$107,927
2003 Concerns and Considerations for 2004
Sienage:
The muldplicit3' of signs, sizes and locations is confusing to dipnetters who oniv come to Kenai once a year
for the fishery. A master sig-nboard for the North and South beaches would serve as a focal point for
dipnetters to review Kenai ~Iunicipal Code ordinances, dipnet fisheU- regulations, and park/camp fees.
InclMdual signs would sdll be necessary to mark beach access points, handicap par-king, and areas prohibited
to vehicular traffic. Ideally, this sig-nboard would be located at the pay stations, where the attendant would
collect fees, give out information and answer questions related to the' fisher,.'.
Paid Par'king:
While larger cap.acit3' iron rangers were implemented this year and an additional one installed on Dunes Road,
there were problems xxqth a nouceable increase in noncompliance xxdth p,'ud par"K/ng, parUcuiariy on the south
beach. Dozens of vehicles were contacted and drivers were reminded of the paid parking requirement but
receipts revealed lox,' compliance. The Cit-5.' would have geater compliance bx' erecting manned pay booths,
like at the Ciw Dock. x~dth attendant(s) receiving payment from drivers 1- hours per day (tam - 11pm)
2002 and 2003 labor costs are for both SEO's
KENAI POLICE DEPARTMENT
during the fishery. A pay-as-you-arrive procedure would greatly reduce time spent by the SEOs patrolling the
parking areas checking compliance, avaiimg that time for expenditure m other areas. The Ci~w would see an
increase of approximately 520,000 in revenue bF- providing par'king attendants.
South Beach Access'
In order to effectively collect revenue from all clipnet participants on the South beach, the Cannery Road
vehicle access at the Perrizo residence should be closed to vehicular traffic for the three-week fishery. This
xvould funnel all traffic past the Cit-3.' pay station on Dunes Road. See map attached.
Rest_rooms: Several complaints were received regarding sen'ice (toilets full) and cleanliness of the North
beach port-a-potties. No complaints were received regarding the South beach port-a-potues. It was noted
that the 518.000 spent each year by the Ciw on port-a-potties for the 3-week fishery could be allocated
toward purchase ($23,500) of a precast, vandal-resistant concrete toilet (manufactured locally) like those in
use at local state parks & boat launch sites. See brochure for double vault, precast concrete toilet attached.
These units are aesthedcallv pleasing, and xvould provide a permanent upgrade to the City of Kenai
recreational areas on Kenai Avenue. and on the South beach. The North beach toilet would ideally be
positioned at the end of Kenai Avenue where the dipnetters load/off load, where port-a-potties are currently
positioned. _-\nother advantage of the double vault precast concrete toilet is that its holding tank is 1,000
gallons per side, versus 25 gallons per port-a-potty. It would take 80 portable toilets to match one precast
concrete toilet.
The Police Department investigated one complaint of vandalism to the existing wooden outhouse at the end
of South Spruce at the beach. This structure is subjected to repeated arson and vandalism throughout the
Camping: Tents xvere allowed on both beaches this year. This did not create significant police issues, save
trash problems on the South beach. However, the Cit3' has the resources (personnel) to midgate this problem
to manageable levels. It is recommended that the "No Camping" sig-ns be removed for the 2004 fishery, and
a fee schedule with designated beach camping areas be established. The proposed fees are 5220.00 for park &
camp, $10.00 park, & S10.00 camp (per i" hr period).
There are three primaU' concerns with camping: Litter, fares, and habitat damage. These xx411 be addressed
xxdth an aggressive Pa~'/e It In/Pac/e It Out policy, ~\50 Open tXires rule, and orange ptasfic barrier fencing to
protect the North beach dunes, the North beach bluff below South Forest Drive and Old Town Kenai, and
the South beach xveflands. The continuous presence of attendants at the pay stations xx4]] help manage each
of these concerns.
Traffic Congesuon on Kenai Ave: Tb..is was not a problem except dunng rind-fishery weekends, xxdth a flood
of dipnetters arriving and leaving xxdthin a small dme frame. It was anticipated that a lot of vehicles xvould be
on Kenai Ave to unload/load their gear from the beach, and SEOs spent dedicated time maintaining traffic
control, impounding vehicles as applicable, to keep the process moving as smoothly as couid be expected.
For a more in depth review of the 2003 dipnet fisher3.,, please review the departmental reports included xxdth
this summan? memo.
Kenai Police Department
Memorandum
To: Lt. Wannamaker
From: J. White and J. Jenckes. Seasonal Enforcement Officers
Date: 9/2/2003
Re: Dipnet Fishery. 2003
The information included in this report is a smnmar~.' of the Personal Dipnet fishery, that
took place at the mouth of the Kenai River starting on Thursday, July 10, and concluding
on Thursday, July 31, 2003.
The fisheD' opened on Thursday, July l0th at 0600 hours. At this time the fishing was
limited to certain hours of the day: 0600-2300. The first week of the fishery, was
relatively slow. There was no shortage of parking on either the north or south beaches.
The north beach patrons were more compliant in paying for parking than those of the
South beach, perhaps because they were more familiar with the procedures on the Noah
beach from past years. This being only the second year for a parking fee on the South
beach, there was less compliance. It seemed as if there was even less compliance on the
South beach this year than last.
On Friday.~ 7-11-03. there xvas a considerable increase of vehicles and people in the
parking lots on both the north and south beaches. Seasonal enforcement officers spent
most of the day enforcing the paid parking ordinance on the north beach and kept traffic
flowing smoothly on Kenai Avenue. Officer White issued one dipnet related citation.
Officer Jenckes issued one dipnet related citation and 8 warnings (14 on the North Beach
and 4 on the South beach). On the South beach, enfbrcement officers explained the
reasons for a parking fee, passed out paid parking permits and enforced fee collection.
On Saturday. 7-12-03. there was another increase of vehicles and people on both the
north and south beaches. Yhe parking lot on the north beach was near, but never
exceeding its capacity, for parking. Overall, parking was not a problem, thoUgh constant
enforcement was needed to keep it so. Vehicles parking past parking medians were
quickly red tagged, or if the driver/o~vner was present, asked to move. Many warnings
were served on vehicles that did not display a parking permit. Officer White issued one
dipnet related citation. Officer Jenckes issued two dipnet related citations and 35
warnings ( 18 on the North beach and 17 on the South beach). Compliance on the south
beach was extremely low with approximately 5-10q'3 of the vehicles displaying a parking
permit. Again entbrcement officers handed out warnings and parking permits. The
officers intbrmed the patrons that the Carking fee helped cover the cost fbr the to~iets
pro~4ded by the C i~,.
On Sunday. 7-t 3-03, the crowd began t° clear out in the aftemoon. Officer White towed
one vehicle illegally parked on Kenai Avenue. and issued t~vo dipnet related citations.
On Friday, 7-18-03, there was a large number of people maving into the north beach
parking lot during the evemng hours. The parking lot was filled to its maximum capaci .ty
and overflow parking was directed to the Little League parking lot. Kenai Avenue had
minor congestion because people loade&'unloaded slowly. X,.luch of the entbrcement time
was spent encouraging persons to unload thster, enforcing "No Parking" on Kenai
Avenue and entbrcing paid parking in the parking lot. Officer Jenckes issued m'o dipnet
related citations and 25 warnings on the North beach.
On Saturday. 7-19-03. there was a large number of people on both beaches. On the North
beach the parking lot was overflowing with many vehicles parked illegally. There were
numerous vehicles parked past the parking medians blocking exits, vehicles parked
blocking the entrances and exits to the trails leading to the Mumcipal Park on South
Forest and double parked blocking in other vehicles. Overflow parking at the Kenai
Little League Park was also full. Overflow parkers quickly began parking in any
available space such as the Catholic Church parking lot and the tbrmer Kenai Supply
parking lot. Enforcement Officers' time was mainly used to keep order in the Ci .ty's
parking lot and on Kenai Avenue. Whenever police presence left the area. vehicles
would immediately benton parking illegally in the parking lot and on Kenai Avenue.
Officer White impounded five vehicles and red tagged numerous other illegally parked
vehicles. Officer Jenckes issued one dipnet related citation and 19 north beach warnings.
The south beach was also extremely busy. There were approximately 250-300 vehicles
parked on the beach. Enforcement officers were so busy keeping order on the north
beach, they were unable to show a presence on the south beach or enfbrce the paid
pm'king ordinance.
On Sunday, 7-20-03 both beaches were again crowded. As the day went on, more and
more people began exiting the beach. A considerable amount of time was spent on the
South Beach enforcing the paid parking ordinance. Officer White gave out 75+ paid
parking permits advising owners of the vehicles thev needed to pay before they left the
beach. Most people said they had no problem with paying the fee. but complained that
the iron ranger was not easily located. Tl~e Iron Ranger was changed on the south beact~
by Officer White and contained very few completed parking permits. Compliance was
very, low with approximately 5% of the patrons paying. On the North beach it was also
busy during the day with most persons leaving by late evening. Officer White issued four
dipnet related citations m~d 75~- warnings.
Dunng the next weekend of Friday, 7-25-03, through Sunday, 7-27-03. both beaches
were relatively busy with more people than usual on the last weekend of dipnet. The
parking lot on the north beach xvas nearly full. but never exceeded its capaci .ty. ,4,
windstorm that began to kick up on Saturday night and thrived on Sunday made the water
too rougm that it drove away most of the dipnetters. Officer White issued one dipnet
related citation, and Officer Jenckes gave out 33 warnings on the north beach.
There were frequent checks made by Seasonal Enforcement Officers at the City dock.
There were few problems at the dock this year compared to past years. The main
complaint from the ciw dock concerned overmght camping. At the ciw dock there are a
few poorly placed sigms prohibiting overnight camping. More signs in better locations,
(signs that could be seen when entering the parking lot) would help alleviate this
problem..Another way to alleviate this problem would be to have the parking attendant
advise patrons of the overnight camping regulations.
SPECIFIC OBSERVATIONS AND CONCERNS
NORTH BEACH
People seem to have a goOd understanding Of the procedures on the North beach parking
area. The majority, of those par'king complied with the $10 fee, and displayed their
permit properly. Those who were non-compliant this year were cited or towed.
Enforcement officers gave out hundreds of warnings for paid parking violations and
issued many citations. Compliance with the parking fee is not a problem on the North
beach parking lot because of constant police presence and enforcement, and four previous
years to become accustomed to the procedures. Ideally the City would have ma attendant
to take direct payment, and then assign a parking space. This would allow any police
officer to come to the beach at any time and be told by the attendant, which vehicles were
in violation.
On the average fishing day there were few illegally parked vehicles on Kenai Avenue
('which were promptly towed and. or cited'), and the majority., of those stopped on Kenai
Avenue were loading or unloading. The majori .ty of the people did comply with the roles
knowing that they were being strictly ent:brced.
The eventual allowance of camping on both beaches solved many problems and created
others. When allowed to camp. the dipnetters left their vehicles parked in the ci .ty's
parking lot all mght creating more revenue fbr the City. The downside of allowing
people to camp on the beach created issues of trash, damage done to the dunes and longer
unloading runes for families along Kenai Ave. The main problem was trash. By the end
of the fished~ the beach was littered with miscellaneous trash items (especially almninum
cans and bottles), even with the tide having taken away much of the trash alreadv.
Many dipnetters camped on/in the dunes in everv crevasse they could. Enforcement
Officers had campers move their camps immediately when such sites were found. There
was also damage done to the dunes all along Kenai Avenue where dipnetters had
unloaded their gear from their vehicles and walked over the dunes to reach the beach.
The iron ranger on the north beach was much larger than last years', which alleviated the
problem of overflowing. Also. there were no problems with the envelopes nmmng out.
This helped out in enfbrcing the parking fee knowing that each person had access to the
fee envelopes.
The sigmas in the parking lot and along Kenai Avenue that read "NO CAMPING" should
be taken down and new signs made to explain the new rules for 2004.
Over the past fbur years of the fishery signs have been removed/stolen from the Noah
beach area. Several "I HOUR P,~ING" signs are missing, which led to paying
persons parking there. This makes it difficult for those wanting to just park for an hour,
to find a place to park. This caused officers to wait an hour before citing or towing
vehicles in the parking lot. to allow for persons who could not find a spot in the one hour
parking area.
Parking permits also left Enforcement Officers answering many questions. Information
on the parking permits is sometimes misleading. The permits still state there is "No
Camping Allowed." If the Ci.ty decides to allow camping in the furore this phrase should
be deleted from the parking permit. Because the City, uses the same permit for both sides
of the river, there is reformation that applies to the North beach that does not apply to the
South beach. The mare reason for confusion was because the permit stated that people
had to leave for 12 hours after staying for 12 hours. This only applies to the North beach
parking lot, and only when it is busy (to allow everyone the chance to park and fish).
Enforcement Officers placed cones at the end of each median, hoping this would keep
vehicles fi'om parking beyond them. This seemed to solve the problem last year. but not
this year. Cars would simply park past the medians and place the cones on the outside of
their vehicle. This happened one time where approximately 9 vehicles had parked past
the median with KPD cones on the outside. All vehicles were red tagged and towed (if
their owner didn't move them before the tow arrived) because they blocked entrances and
exits to the lot. This only happened when there were no other places to park in the lot.
South Beach
A high number of warnings fbr failure to pay were issued. People seemed to be
cooperative once their questions about fees were answered, but when the iron rangers
were picked up the numbers showed something completely different..an attendant
collecting the money at the end of Dunes Road is an answer to this problem. To help
funnel people past the pa,v station, the City would need to temporarily stop vehicle a~cess
to the beach off Cannery, Road during the fishery, keeping it open only to pedestrians.
D~e SEOs would then be in a much better position to immediatelv ticket a vehicle for not
paying, no waming given. This would alleviate the problems with the tee signs and the
iron raneers.
The fee sigmas tbr the South beach caused confusion. First. the wording on the sign off
Dunes Road - "Seasonal Fee". caused some people to believe if they paid once they were
able to Park there indefimtely during the "season." The si_.~a should read something like
"Dip Net Beach Parking Fee." This may cut down on the confusion.
Second. the Dunes Road iron ranger was a long xvay from the parking area so some
people did not think the fee applied to them. People knew there was a fee area: they just
did not understand where it was. Others were confused because the beach iron ranger was
not close in proximity, to the toilets, so they were unsure where to pay.
Third, the placement of the "Pay Here" sign at the beach iron ranger needs to be changed
fbr 2004. This sign faced away from the parking area and was relatively small, so many
people were not able to see it. Parks and Recreation put up orange fencing around the
beach iron ranger, which increased the visibili .ty of it, but did not help compliance.
Another tactic used to increase compliance was placing orange signs on the port-a-ponies
alerting people of the iron ranger, but still that did not seem to help. Again, to alleviate
confusion it might help to place a manned booth at the end of Dtmes road.
·
Camping on the south beach was not an issue, due to the policy of as long as they were
paying they were allowed to set up a tent.
Trash was an issue on the south beach. Early in the fishery, a trash pile began to
accumulate against the side of the toilets. By the end of the fishew it was very large. It
took Parks and Rec fbur truckloads to remove the trash. In 2001 the Ci.ty of Kenai
placed trashcans on the South beach, hoping to curb the trash problem there. However,
as garbage filled the cans. persons continued to pile trash around the can creating a
problem. In 2002 no trashcans were provided and a ~'pack it in. pack it out" policy was
implemented. This policy is somewhat successful with only a few incidents of trash piles
needing cleaned up.
Driving in the vegetated areas was not a major problem this year. I fotmd no vehicles in
the vegetated areas and only a few ATV tracks. The Ciw may want to purchase more
barrier fencing or other barricades blocking vehicles from driving so close to the dtmes
and vegetation.
ATV's are very popular on the south beach. Most often juveniles, whose parents are
dipnetting, are operating them. SEOs wrote several citations and issued warnings fbr
operators under 18 not wearing a helmet. Fast. reckless driving of the ATVs among the
dipnetters is an issue requiring entbrcement action.
ee ee ~
CiTY O,F KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1.o92
E M O R A N D U M
1'O:
FROM'
Kiln \,Vannan~aker. l~olice [.t.
Keilt~ Kornelis. Public \\",-,rks Manager
Robert .I. Stales. 14e~ai Parks & Recreation Director,.~
DATE' ,,'\uattst 14, 20(13
liE'
Dip/~'ct Fisl~ery-- Parks &Rec. t'eal.ion Activity Report & Expenses
The following is a brief Activity Report of the 2003 Personal Use Fishe~,.
Litter a~d Fish ~Vaste Co~troi
A total of four (4) dumpslers were provided this season. Dumpsters were originally
scheduled for twice-weekly service, liowever, was changed to three (3) days weekly on
July 16 as a result oF trasi~ accun~utation. Ttle tist~ ~vaste du~npsters were filled with trash
durina the first '2 da.vs, l~t_~x,,:ever, after Peninsula Sanitation moved them to a different
~ ..
location the problem was ~'ectified.
The ==l..',ack it i~, l~ack it out" xx'as generally effeclive on the South Side. ,,\ dumpster along
witll a kioqk st~()uid be placed on Dunes Road t.o Facilitate this p~'ocess.
Sanitatio~ Facilit. ies
Facilities x,.'crc serviced ciaitx'. "~cluci;~g the City's permanent restroom. No t::'oblems
were reported back fi-om Al Gagno~l and Sons and dip net participants were generally
pleased with se~ ,'ices. 'Irl~e Soutll Side restrooms were located closer to dip net activities.
and tlaus, eii~ni~ated c(~mplair~ts fi'c.:~n users cc)ncerning tl~e dista, nce o~ae t~act to walk last
season.
Sand Dune .Protection
..\ significant a.m<,unt of'time ,.,.'~.~ ,'~.*dicated lo shoveling ~valkwavs on the ".::.'~rtt~ Side
prior to the seasoft. Walkw~vs should have been elevate(t more lo elin~inate sand build-
up. Dur-ir~g t!le course oF the scasr~q it t~ecame extremely di~cult For part. icipant's to
The orange safely f'e. ncin~ was repaired several tin~es t!~roughout tl:e sea.son and should
,,._ ._
l)e replaced with a more pe~ ~nar~e~t type fence tt~at r'eouires less ma. int¢~a~ce.
Fee Collection Boxes
The t:ee collection boxes used at Drones Rd and tl~e Norlh Beach were enlarged this
season in an attempt to double the car't,,ing capacity, tl:t~s, eli~ninating e~ergency calls to
cl~anae out boxes.
Consideration should be given to changing the wording on the sign lr..,.cated near the fee
collection boxes on Dunes Rd. It was reported that some participants ii,ought this ,,.','as a
one-time fee area of $10 rather than a per visil, basis.
Post Clean-up Activities
Fish waste accumulatio, n on tl~e .Norll~ Side after the season xvas significa~t as a result of'
tow tides. A total of' 8 l~ours were sI~c.'..:i ~'ai,:.iug tl~e beach after the season.
ALPAR spent a day cleaning Ul-', ou the South Side. Tl~is was a significant timesaving for
the Parks Department since ali ii~.ter I~ad ai~'eady been retrieved and piled up ready fbr
delivery to the landfill. As ~nentioned, a dt~n~pst, er near t!~e parking lot will help eliminate
this problem next season.
Other Miscellaneous Su~l~cstions for Next Season
A. Establish a season pass fo:' partidpa.uts.
· ,:,.,,.t~on (shack) on Dunes Rd
B Install a t emporars.' fee collection ~'- ' .
ESTISIATES FO.R MATERIALS & SERVICES
Portable Toilets ' $17,000
Dumpsters 1,600
Fish \Vaste Dumpsters (7~05
h-on Ranger .Modifications 2,3 24
Dip Net Info Cards 200
Tolai $21.729
LABOR EST.13LATE
Remox'ina Sa.nd From \..k'"alkwavs 5252
Fee Collection, Restroom Cleaning. [,itler Co~trol 730
Iron Ranger Installation 64
Dip Net .Info Distribution 26
Rakinz Beaci~ 7 ~
Total $1.147
Grand Tolai $22.876
MEMORANDUM
CITY OF KENAI
210 FIDALGO AVE.. SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
TO'
FROM'
DATE-
SUBJECT:
Kim Wannamaker, Police Lieutenant
Keith Kornelis, Public Works Manager ~
August 21,2003
Dip Net Fishery- 2003 Expenses at Kenai Boating Facility
MATERIALS AND CONTRACT SERVICES
Portable Toilets, 4 ea.
Dumpster Rental
Misc. Office Supplies & Receipt Books
Extra Pumping of Septic Tank
Payment Envelopes
Setting Ramp Floats and Pilings
Dock & Parking Lot Signs
Miscellaneous
Backhoe- Dig Out Ramps
Kids Don't Float Life Jackets
Total
$980.OO
389.00
192.00
215.00
2,310.00
330.00
750.OO
261.00
900.00
120.00
$6,447.00
LABOR ESTIMATE
Collecting Launch Ramp Fees
Setting and pulling ramp floats and pilings
$28/hr. X 4 men X 3 hrs. x 2
P&R $12/hr. (,OT) & benefits 40% - $17/hr.
t5 ½ hrs. x 22 days- 121 hrs. x $17 - $2,057
Dock Hand - $2,300
Cleaning & Hauling Mud off Ramps
4 hrs. x $30/hr. - $120
3 men X 10 hrs. x $30/hr. - $900
Parking Lot Painting & Delineators
2 men x 10 hrs. x $28/hr. - $560
Total
$672.00 ~
i
4,357.00;
1,020.00 '
560.00
$6,609.00
Grand Total
$13,056.00
Note' Most but not ali expenses are due to the Dip Net Fishery
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Preeast Concreto Procluct~
Quotation N'o.#ht039-I 5643
Wc I'}i~,,'t, Ih[~. pl,.,~sl~rc oj'of'fi:~'ing for your consideration tl}e following quotatio~, subject
t(~ !11,.: cor~dilio~'~:; ot'ar.'.CCl,t~'t(:.c l'sted, which iogolt~cr constitul'cs our fOnnal offer.
thc 'l'ir, ga :~;t~ccial vault toilet is as tbllows:
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in ;ul inic~.rral c:trtl~tonc color, bare,wood texture~l c~t. crior walls
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two vaults io thc acccssil~le site al. llie
.Per
$ 19,304.56 EA
$ 6.390.00 EA
Total ,$ 25,694,56 I!;A
r,4,1c: [:'~.,:.il¢i~t i;~ fin:il ci::..st.i~.~,qtioI~, o.ft.]o:.lding, and carthwod< to install facility sl~all bc thc
~'c.';po~sil, i lily r~f ll,c cUSlOt}lCr, Vat, its weigh 14,800 pent, ds c~ch. Building weighs
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August 21,2003
CITY OF KENA
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
Randy Meier
R & J Seafoods
P.O. Box 165
Kasilof, AK 99610
Dear Mr. Meier:
Subject: Special Use Permit- Boat Storage Lease
The termination date for your Special Use Permit for the Boat Storage Area at the Kenai
Boating Facility is September 30, 2003. This area has been a year-to-year lease
because the City recognized that at some time this area would be needed for public
parking. We ran out of parking area this year during the dip net season, and the City
lost revenue because we had to turn users away since there were no more available
parking places.
I realize that you have boats and equipment stored in this area and that many of the
owners have left the area for the season. Termination of this lease on September 30,
2003, would cause some problems. Instead of terminating the lease on September 30,
2003, the City would be willing to enter into a new lease with a termination date of
June 30, 2004. This would allow you plenty of time to contact all boat and equipment
owners in the storage area and have everything removed. However, everything,
including the fence needs to be removed and the area cleaned down to the gravel by
June 30, 2004. Since this is a very busy time of the year, most of the items need to be
moved months ahead of this deadline.
Please contact me if you are interested in continuing the boat storage area. The term of
the new lease would be October 1, 2003 to June 30, 2004.
Sincerely,
Keith Kornelis
Public Works Manager
KK/jet
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO:
FROM'
MAYOR AND COUNCIL MEMBERS
Carol L. Freas, CiW Clerk
DATE: August 1, 2003
RE:
DISCUSSION.. Kenai Peninsula Borough/Kenai River Protection. Area
Ordinance-- 50 Foot Setback.
Vice Mayor Bookey requested this discussion be included on the agenda. To aid in the
discussion, the following information is provided'
1. Kenai Peninsula Borough Code, Chapter 21.18, Anadromous Streams Habitat
Protection.
2. Map noting "...the western most section line common to Section 5 and Section 8,
TSN, RI 1W, Seward Meridian" as stated in KPB 21.18.140(G), Definitions.
3. KPB Ordinance 96-06, Defining the Kenai River Watershed (passed 4/96).
4. KPB Ordinance 2000-08, amending the Kenai River Habitat Protection
Ordinance to Include Other Anadromous Streams Within the Kenai Peninsula Borough.
5 3/21/00 KPB Assembly Meeting summar7~ -- Committee Report and Ordinance
2000-08 action.
6. 4 / 18 / 00 KPB Assembly meeting minutes / action on Ordinance 2000-08.
7. 5/02/00 KPB Assembly meeting summary/action on Ordinance 2000-08.
8. 516/00 KPB Assembly meeting minutes/action on Ordinance 2000-08.
9. 1/17/96 Kenai CiW Council meeting minutes regarding KPB Kenai River
Protection Area Ordinance.
10. 3/20/96 Kenai City Council meeting minutes regarding KPB Kenai River
Protection Area Ordinance.
11. 4/3/96 Kenai City Council meeting minutes regarding KPB Kenai River
Protection Area Ordinance.
12. 6/7/00 City Council comments regarding KPB Kenai River Protection Area
Ordinance.
13. City of Soldotna Municipal Code 17.10.285, Kenai River Overlay District (KROD)
and applications.
clf
Attachments
21.18.010
KENAI PENINSULA BOROUGH CODE
CHAPTER 21.18. ANADROMOUS STREAMS HABITAT PROTECTION*
21.18.010. Purpose.
The purpose of this chapter is to ensure measures for the pro~ecrion within the Kenai
Pemnsula Borough of salmon spawning and rearing habi~a~ are applied in a consis~en~
manner while recognizing private proper~y rights and providing ci~ies ~he option ~o admims~er
the ordinance within their boundaries. I~ is ~e m~ent of this ordinance to avoid duplicating
regulations of state, federal, or mumcipal agencies and to minimize conflicts bet~veen ~hose
regulations and this ordinance.
(Ord. No. 2000-08, § 2, 5-16-00; Ord. No. 96-06, § l(par~), 1996)
21.18.020. Findings.
In enacting this ordinance ~he assembly finds numerous factors affec~ the habi~a~ of the
anadromous si:reams within l:he Kenm Peni~ula Borough. Among' ol:her~ l:hese include bank
erosion, bank trampling, pollution, inadequam tourism infrastructure, unsuccessful a~emp~s
to remedy bank erosion or protect and rest. ore habitat, inconsisl:em regulations, logging,
grazing, mining, wetland fill and drainage, excavation and fill of property, dredging, inappro-
priately installed culve~s, fuel storage, and maim:enance of exist:lng s~:ruc~:ures. The assembly
finds that the sensitivity of the river area requires general prohibition of activities within an
ama imm~at~ly adjacent to ~e ~madmmou~ st. mm and only activitie~ which do
damage the habita~ should be allowed. The assembly fmds that certain activities have minor
impacl: and that ex~ting sl:ate,, federal and local laws and regulations contain sufficiem:
controls on these activities that further regulation is not currently needed. The assembly
further £md~ that fuel ~mrage and ~ignificam: removal of vegel:ation within l:he 100-year flood
plain along the anadromous s~reams need regulation to protect the salmon habitat.
(Ord. No. 2000-08, § 3, 5-16-00; Ord. No. 90-06, § 1(para:l, 199{i)
21.18.025. Application.
The following anadromous streams, as identified in the "Atlas and Catalogue of Waters
Important for Spawning, Rearing, or Migration of Anadromous Fish" published by the Alaska
Department of Fish and Game, are subject to this chapter:
A. Within the east side of Cook Inlet as follows:
~ 1. Kenai River, Stream No. 244-30-10010, and its following tributaries:
ia) Beaver Creek, Stream No. 24430-10010-2025
(b). Slikok Creek, Stream No. 24430-10010-2030
(c) Soldotna Creek, Stream No. 24430-10010-2039
(d) Funny River, Stream No. 24430-10010-2050
(e) Moose River, Stream No. 24430-10010-2063
*Editor's note--Ord. No. 2000-08, § 1, adopted May 16, 2000, amended the title of Ch.
21.18, to read as herein set out. See the Code Comparative Table.
Supp. No. 6 21--56
ZONING
21.18.035
tO
(g)
th)
(i)
Killey River, Stream No. 24430-10010-2076
Upper Killey River, Stream No. 24430-10010-2110
Russian River, Stream No. 24430-10010-2158
Quartz River, Stream No. 24430-10010-2177
Trail River, Stream No. 24430-10010-2225
2. Swanson River, Stream No. 247-90-10020
3. Kasilof River, Stream No. 244-30-10050
4. Ninilchik River, Stream No. 244-20-10090
5. Deep Creek, Stream No. 244-20-10100
6. Stariski Creek, Stream No. 244-10-10050
7. Anchor River, Stream No. 244-10-10010
8. Fox River, Stream No. 241-14-10645
9. Seldovia River, Stream No. 241-11-10730
10. English Bay River, Stream No. 241-30-10500
11. Bradley River, Stream No. 241-1410625-2010
12. Bishop Creek, Stream No. 246-90-10030
13. Chickaloon Creek, Stream No. 247-60-10110
14. North Fork of Anchor River, Stream No. 24410-10010-2011
15. Seven Egg Creek, Stream No. 24780-10010
(Ord. No. 2000-08, § 4, 5-16-00)
21.18.030. Periodic review.
As part of its role in comprehensive planning the planning department shall prepare an
assessment of the benefits and effectiveness of this chapter at~er one year, with a review every
two years thereafter. In preparing this evaluation the planniag commission shall hold at least
one public hearing.
(Ord. No. 96-06, § l(part), 1996)
21.18.035. Kenai River watershed district.
There is established a Kenai River watershed district comprised of all lands lying within or
contiguous to the Kenai River drainage system as bounded and defined on the offici~] map, a
copy of which is attached as Exhibit A, which shall be kept on file in the planning department.
The Kenai River drainage system shall include all sections of the Kenai River to its outlet into
Cook Inlet, all tributaries and small lake systems including Kenai and Skilak Lakes and their
headwaters. The purpose of establishing this watershed district is for watershed boundaries
only. Inclusion indicates that the area is important to the Kenai River watershed.
(Ord. No. 96-06, § 1(part), 1996)
Supp. No. 6 21--57
21.18.040
I~NAI PENINSULA BOROUGH CODE
21.18.040. Habitat protection area established.
There is established an anadromous stream habitat protection area. Except as otherwise
provided in this section, this area includes all lands within 50 horizontal feet of the streams set
forth in KPB 21.18.025. This shall be measured from the ordinary high water mark or mean
high water line in tidal areas. Where the banks within this §0-foot area consist of a 60 degree
or more cut bank the habitat protection area shall consist of the greater of 50 feet from the
river or to a point 25 feet back from the top of the cut bank.
(Ord. No. 2000-08, § 5, 5-16-00; Ord. No. 96-06, § 1(part), 1996)
21.18.050. Flood plain-Restrictions within for habitat protection--Permit required---
Fuel storage tanks and logging--Conditions.
A. No person shall install or replace a fuel storage tank or conduct logging activities as
defined in this section within any flood hazard area bordering the Kenai River or any of its
tributaries or other anadromous streams set forth in KPB 21.18.025 without first obtaining a
permit from the borough planning director. In this section "flood hazard area" means any area
designated as such pursuant to KPB 2~.06 and shown on the most recent flood insurance rate
maps published by the Federal Emergency Management Agency.
B. Application for a permit shall be made to the borough planning department. No permit
shall be issued unless the planmng director or designee determines that the proposed activity
meets the requirements of subsection C of this section. The applicant shall submit site or work
plans showing the location of the activity, the proposed means of conducting the activity, and
information showing that the proposed activity meets the conditions of this section.
C. Fuel storage tanks must be attached or anchored solidly to a structure or to the ground.
Cables may be used for anchoring that are of sufficient strength to prevent the tank from
tearing loose if it were to float while empty. The tank must als0 be installed within an
impervious containment basin of a size sufficient to contain 110c~ of storage capacity plus 12
inches of free board.
D. No permit shall be issued for logging unless the borough planning director, or designee,
determines the clearing does not result in a cleared area larger than 20 percent of the total
area of the parcel provided that clearing for the footprint of a building may exceed this 20
percent limit. Multiple cleared areas may exist on a parcel but the total of all such areas may
not exceed 50 percent of the total area of the parcel upon which the logging permit is sought.
The planning director may also deny a permit upon a determination that the proposed logging
will increase runoff and/or erosion to such levels that it may significantly damage the riparian
habitat and wetlands within the habitat protection area.
E. A decision of the planning director under this section may be appealed to the planning
commission. The appeal must be filed with the planning director within seven days of the date
of the decision and state the basis of the appeal. Only the applicant or an affected property
owner may appeal a decision.
(Ord. No. 2000-08, §§ 6, 7, 5-16-00; Ord. No. 96-06, § 1(part), 1996)
Supp. No. 6 21--58
ZONING
21.18.070
21.18.060. Prohibited activity within the protection area.
Within the habitat protection area established by Section 21.18.040 of this chapter, no
building, construction, filling, excavation, major clearing of vegetation, commercial recre-
ational uses, or activity which results in significant erosion or damage to riparian habitat, or
results in or increases ground or water pollution, can be conducted except when specifically
allowed under KPB 21.18.070, or when a conditional use permit has been issued pursuant to
KPB 21.18.072 or 21.18.080 or when allowed for a period existing structure under the
provisions of K~B 21.18.090.
(Ord. No. 96-06, § l(part), 1996)
21.18.070. Activities not requiring a permit.
A. The activities specified in this section may be conducted within the habitat protection
area zone without obtaining a permit from the borough under this chapter. This section in no
way waives or modifies the necessity of adherence to other provisions of. the KPB code,
including KPB 21.06 (flood plain management), or requirements of a permit from federal, state
or local governments. Conduct of activities listed in this section are expressly conditioned upon
obtaining all applicable permits. Conduct of activity without obtaining necessary permits shall
be considered a violation of this chapter, subject to the provisions of Section 21.18.110.
B. The following activities, to the extent they do not result in significant erosion or damage
to riparian habitat, or result in or increase ground or water pollution, do not require the
issuance of a permit under this chapter:
1. Minor vegetation management (trimming, prumng, or removal of hazardous trees)
2. Private non-commercial recreational uses that do not involve construction, excavation
or fill of land
.
o
Construction, installation, repair and maintenance of ladders, steps, cantilevered
walkways, platforms, docks, and bank restoration and protection and maintenance
dredging that are regulated by and require a permit from the Alaska Department of
Natural Resources, State Parks Division, and the Alaska Department of Fish & Game,
U.S. Army Corps of Engineers and other applicable agencies. The activity must comply
with all conditions and regulations imposed on such activity.
Boardwalks and gratewalks with less than 75 percent but a mimmum of 25 percent
light penetration must be constructed so that no part, other than the supporting posts,
are less tha,n 18 inches off the ground. Gratewalks with at ]east 75 percent light
penetration must be constructed so that no part, other than the supporting posts, are
within eight inches off the ground. Boardwalks and gratewalks are not to exceed eight
feet in width, and those boardwalks and gratewalks running along or parallel to the
banks of the streams shall be limited in length to no more than one-third (1/3) the total
lineal river frontage of the parcel on which it is constructed. Boardwalks and
gratewalks must be constructed of wood, plastic, fiberglass, aluminum, steel, or other
non-toxic material. If the wood is treated, it must be certified as non-toxic to plants and
Supp. No. 6 21--59
21.18.070
KEN~ PENINSULA BOROUGH CODE
animals by an independent laboratory or other appropriate agency. Boardwalks and
gratewalks not meeting the above requirements shall require a conditional use permit.
.
Stairways, steps and ladders across land adjacent to the river which is at least 10
degrees steep, or from any adjacent land into the water or onto a floating dock, and
with at least 75 percent light penetration, must be constructed so that no part, other
than the supporting posts, are within 8 inches off the ground. Stairways, steps and
ladders with less than 75 percent but a minimum of 25 percent light penetration must
be constructed so that no part, other than the supporting posts, are less than 18 inches
off the ground. Stairways, steps and ladders must be constructed of wood, plastic,
fiberglass, aluminum, steel, or other non-toxic material. If the wood is treated, it must
be certified as non-toxic to plants and animals by an independent laboratory or other
appropriate agency. Stairways, steps and ladders not meeting the above requirements
shall require a conditional use permit.
6. Fish cleaning stations. (Covered and/or Walled in fish cleaning stations shall require a
conditional use permit.)
(Ord. No. 2000-08, § 8, 5-16-00; Ord. No. 97-26, § 1, 1997; Ord. No. 96-06, § l(part), 1996)
21.18.072. Limited commercial activity within habitat protection area.
The planning commission may issue a permit for activities to be conducted within or using
the habitat protection area as provided in this section. Permits are required for commercial
activities of the same nature as those allowed under 21.18.070 B. for private non-commercial
use upon conditions that the activity is limited to pedestrian use over boardwalks, stai~: and
docks necessary to alleviate the increased levels of activity attendant to the commercial
activity. A permit may not be issued unless the planning commission determines the activity
will be conducted in a manner that does not result in significant erosion, destruction or
wetlands or riparian habitat, or result in or increase ground or water pollution. Permits are
conditioned upon compliance with all applicable federal, state and local laws and regulations.
In granting a permit, the planning commission may establish such conditions on the
development, use or operation of the activity or facility for which the conditional use permit is
granted as it determines necessary to prevent erosion, destruction of wetlands or riparian
habitat or result in or increase ground or water pollution. The activity must be conducted on
a portion of property adjacent to the property within the habitat protection area for which the
permit is sought.
(Ord. No. 96-06, § 1 (part), 1996)
21.18.080. Conditional use permit.
A. An owner may apply for a conditional use permit to allow activities which are prohibited
within the habitat protection area. Conditional use permit requests shall be approved or
denied by the planning co~mission. The construction or installation phase of an activity
requiring a conditional use permit must be completed within one calendar year from the date
of the permit's issuance, or the conditional use pemit shall expire. However, prior to its
expiration date, a conditional use permit extension for up to twelve (12) months may be
Supp. No. 6 21--60
ZONING
21.18.090
granted by the planning director upon written request. A conditional use permit may not be
approved unless it is determined the activity will be conducted in a manner that does not
result in significant erosion, destruction of wetlands or riparian habitat, or result in or
increase ground or water pollution. Conditional use permits are conditioned upon compliance
with all applicable federal, state and local laws and regulations. In granting a conditional use
permit, the planning commission may establish such con-~itions on the development, use or
operation of the activity or facility for which the conditional use permit is granted as it
determines necessary to prevent erosion, destruction of wetlands or riparian habitat, or result
in or increase ground or water pollution. Additionally a conditional use permit may not be
granted unless the planning commission determines that the owner will be deprived of
reasonable use of the property without a conditional use permit being granted.
B. A person seeking a conditional use permit must make application to the borough
planning department. The application shall provide information describing the proposed
activity and demonstrate that the activity meets the conditions for conditional use permit. The
planning commission has no obligation to ascertain whether special conditions can be
developed or imposed unless the applicant has submitted adequate information to demon-
strate that the proposed methods or conditions will eliminate the impacts of the activity within
the protection area. If the planning commission determines a proposed activity will cause
significant erosion, destruction of wetlands or riparian habitat, or result in or increase ground
or water pollution it shall deny a conditional use permit for the requested activity.
(Ord. No. 97-26, § 2, 1997; Ord. No. 96-06, § 1(part), 1996)
21.18.090. Prior,existing activities and structures.
A. Intent. There are activities which were conducted, and structures which were under
construction, or exist and were in use before the enactment of this ordinance which would be
prohibited or restricted under the terms of this ordinance or future amendments. It is the
intent of this section to permit these prior existing activities or structures to continue. Any
such activities or structures must still comply with other applicable laws. The activities
referenced in this section shall be allowed if they do not result in significant erosion or damage
to the riparian habitat.
B. Structures. Structures which were under construction or in use before the effective date
of any provision of this chapter, but that would be prohibited or restricted under the terms of
this chapter shall be allowed to continue, provided that a structure under construction must
be substantially completed within two years of enactment of this ordinance. Such a structure
may be maintained or repaired without a permit. Such a structure may also be replaced or
reconstructed within two years after accidental damage to accidental destruction by fire,
explosion, or other casualty or act of God. Reconstruction or replacement not completed within
two years of the date of the damage is prohibited except in compliance with current
requirements. Such replacement or reconstruction may only be undertaken in the same space
that the structure occupied prior to damage or destruction.
Supp. No. 6 21--61
21.18.090
KEN~ PENINSULA BOROUGH CODE
C. Activities. This chapter shall not prohibit or restrict activities which were conducted
before the effective date of any provision of this chapter, provided that, after the effective date,
such activities are conducted in the same location and are not enlarged to include a greater
number of participants or to occupy a greater area of'land.
D. Permits. Any enlargement or expansion of such an activity or structure within 'the
habitat protection area shall require a conditional use. permit. A conditional use permit shall
be granted to an applicant if the enlargement or expansion will be conducted in a manner that
does not result in significant erosion, destruction of wetlands or riparian habitat or increase in
ground or water pollution. The permitting authority may attach conditions to the permit it
feels are reasonably necessary to achieve the above objectives.
E. Other provisions.
Any prior existing activity or structure which is abandoned for two years or more shall
thereafter not be conducted, used or occupied except in conformity with the provisions
of this chapter.
2. Nothing in this chapter shall prevent any change of tenancy, ownership or manage-
ment of any prior existing structure.
(Ord. No. 96-06, § l(part), 1996)
21.18.100. Administration by cities-Delegation--Legal proceedings.
A. The administration and enforcement of this ordinance may be undertaken by a city.
B. A city may adopt the standards established in this chapter or prescribe standards more
stringent than those established in this chapter for the areas of the city within the habitat
protection area or other areas regulated by this chapter. A conditional use permit issued by a
city plamtmg commission may serve to satisfy the requirements of 21.18.072 and 21.18.080.
C. A city wishing to administer and enforce this chapter shall enact an ordinance adopting
the provisions of this chapter by reference, providing the city will undertake the admires' ~a-
tion in conjunction with the administration of land use regulations and building and health
codes enacted by the city. Within 30 days of passage of the ordinance the mayor shah transfer
the administration and enforcement to the city. The city ma), relinquish and transfer the
administration and enforcement back to the borough by ordinance, however the transfer shall
not take effect until 90 days after the city approves the transfer or the commencement of a new
fiscal year for the borough, whichever is greater.
D. If a city assumes administration of this chapter, conditional use permit determinations
shall be made by the city planning commission, or by the city council, as provided by city
ordinance. Appeals or legal proceedings taken from actions of the city in administering shall
be the sole responsibility of the city.
(Ord. No. 2000-08, § 9, 5-16-00; Ord. No. 97-26, § 3, 1997; Ord. No. 96-06, § l(part), 1996)
Supp. No. 6 21--62
ZONING
21.18.140
21.18.110. Violations--Enforcement.
Violations of this chapter are infractions and are subject to civil fines. Enforcement of the
provisions of this chapter shall be done in accordance with the remedies set forth in KPB 21.24.
(Ord. No. 97-55, § 4, 1997; Ord. No. 96-06, § l(part), 1996)
21.18.120. Conflict with city land use authority or other laws or regulations.
To the extent this chapter may conflict with any previous grant or delegation of land use
~ relation authority from the borough, such previous delegation of authority is modified or
limited so as no~ to conflict with this chapter. Excep~ as otherwise specifically provided by
another provision of this chapter, ~he restrictions on use of land activity established by this
chapter shah be in addition to any other restrictions adopted by any s~ate, federal or local
authority having authority to adop~ those restrictions.
(Ord. No. 96-06, § l(part}, 1996)
21.18.130. Administration and appeals.
Applications for permits, conditional use permits or determinations under this chapter will
be administered in accordance with the provisions of KPB 21.20 governing application, notice
and conduct of hearings. Appeals from action taken under this chapter will be handled in
accordance with the appeal procedures set forth in KPB 21.20.
(Ord. No. 96-06, § l(part), 1996)
21.18.135. Exemption for emergency situations.
In a declared emergency, the department, through its authorized representative, may issue
oral permits to a riparian owner for removing obstructions or for repairing existing s~rucmres
withou~ the necessity of submitting prepared plans and specifications as may be required by
this chapter.
(Ord. No. 97-26, § 4, 1997)
21.18.140. Definitions.
As used in this chapter:
Ao
Bo
Co
"Commercial use" shall mean an occupation, employment, or enterprise that is carried
on for sale of goods or services or for profit.
"Conditional use" shall mean a use that would not be appropriate without restrictions
throughout the habitat protection area but which, if controlled as to number, area,
location, relation to the habitat or method of operation, would not cause or lead to
significant erosion, destruction of wetlands or riparian habitat, or result in or increase
ground or water pollution.
"Cut bank" shall mean banks of anadromous streams with exposed soil surface that
have occurred from natural or manmade causes whether the exposed surface .extends
to the high water mark or not.
Supp. No. 6 21---63
21.18.140
KENAI PENINSULA BOROUGH CODE
D. "Erosion" shall mean significan~ sloughing, washout, or discharge of soil arising from
manmade sources or causes.
E. "Fuel storage tank" shall mean any vessel for the storage of petroleum based fuels
including gasoline, diesel, kerosene and heating oil having a liquid volume of 200
gallons or more.
F. "Ground or wa~er pollution" shall mean the discharge, application, spread or release of
chemicals, toxic materials, fuels, pesticides, petroleum based fuels on or into the soil
and waters within the habitat protection area.
G. "Kenai River" shall mean the main stem of the river from and including Kenai Lake to
the mouth including Skilak Lake. The main stem shall include all sloughs, channels,
boat basins, distributaries, and lagoons. For the purpose of this chapter, the mouth
shall be described as ~he western most section line common to Section 5 and Section 8,
TSN, RllW, Seward Meridian.
H. "Logging" shall mean removal or cutting down more than 50 trees per acre that have
a breast diameter height of 6~ or more.
I. "Mean high wa~er line" or "ordinary high water line" shall have the definition given in
1! AAC 53.900(15) as it currently exists or as it may be renumbered or revised.
J. "Ordinary high water mark" shall have the defirdtion given in ~! AAC 53.900(23) as it
currently exists or as it may be renumbered or revised.
lC "Riparian habitat" shall mean the areas within and adjacent to the river containing
spawning and rearing habitat for salmon or that provide immediate cover or stability
for salmon and eggs at all stages of development.
L. "Soil erosion" shall mean the increased movement of soils that occurs as a result of
human activities or development.
M. "Structure" shall mean anything which is constructed, erected or moved to or from any
premises and which is located above, on, or below the ground, including buildings,
roads, signs, billboards, satellite antennas and other communication structures,
fences, and mobile homes.
N. "Wetlands" shall have the meaning given in 16 USC § 1302 as applied to land within
the habitat protection area.
O. "Gratewalks" shall mean elevated light penetrating (ELP) walkways utilizing some
variety of open grate material as a surface.
P. "Substantially complete" shall mean essentially completed and available for the
owner's beneficial use for the purpose and in the manner intended for the structure.
Q "Boardwalks" shall mean elevated walkways u~i~g wooden planks as a surface.
(Ord. No. 2000-08, § 10, 5-16-00; Ord. No. 97-26, §§ 5, 6, 1997; Ord. No. 96-06, § l(part), 1996)
Supp. No. 6 21---64
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Ordinance 96-06
Page 1 of 5
Date:
Heanng:
Postponed to:
Posmoncd to:
Camed over to:
Action:
Vote:
Reconmdetation noticed:
Action:
Land Use Committee
2/20/96
3/19/96
3/27/96
4/02/96
4/16/96
Enagt~d as Amended
6 Y~, 3 No
4/22/96
No Motion Made
KENAI PENINSULA BOROUGH
ORDINANCE 96-06
AN ORDINANCE DEFINING THE KENAI RIVER WATERSHED,
ESTABLISHING AREAS FOR REGULATION OF ACTIVITIES FOR HABITAT PROTECTION WITHIN THE
WATERSHED AND ENACTING LAND USE RESTRICTIONS WITHIN THOSE AREAS
WHEREAS,the Kenai River is recognized as a critical natural resource and is very important to the economic well being
and quality of life and lifestyle of the Kenai Peninsula Borough and its residents; and
WllEREAS,numerous studies have been completed detailing and inventorying the complexity of the Kenai River., and
WHEREAS,the aforementioned studies are unanimous in concluding that restricting land use is necessarv to protect and
preserve the riparian habitat of the Kenai River;, and '
WHEREAS.the Kenai Peninsula Borough has authonw for and is responsible for land use planning within its boundaries:
and
WHEREAS,the "Kenai River Comprehensive Plan - Goals and Obiectives for the Kenai River Corridor" was adopted in
Ordinance 87-48 as pan of the borough's comprehensive plan: and '
WHEREAS,within one year from enactment of this ordinance the Assembly intends to expand the habitat protection area,
as defined in this ordinance, to include anadromous Kenai River mbutanes;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:
SECTION 1.That a new chapter 21.18 to the borough code of ordinances be enacted to read: KENAI RIVER HABITAT
PROTECTION
21.18.010 Purpose.
Establish measures for the protection of Kcnai River Salmon spawning and rearing habitat are applied in a consistent
manner while recognizing private property rights and providing cities the option to administer the ordinance within their
boundaries. It is the intent of this ordinance to avoid duplicating regulations of state, federal, or municipal agencies and to
minimize conflicts between those regulations and this ordinance.
21.18.020 Findings.
In enacting this ordinance the assembly finds numerous factors affect the habitat of the Kenai River. Among others these
include bank erosion, bank trampling, pollution, Inadequate tourism infrastructure, unsuccessful attempts to remedy bank
erosion or protect and restore habitat, inconsistent regulations, lo,gang, grazing, mining, wetland fill and drainage,
excavanon and fill of property., dredging, inappropriately installe~t culverts, fuel storage, and maintenance of existing
structures. The assemialv finds that the sensi0vitv of the river area re0uires general prohibition of actlvities within an area
immediatelv adjacent to the Kena~ River and oniv activities which do not damage the habitat siaoutd be allowed, The
assembly finds that certain activities having minor impact and that existing state, federal and local laws and regulations
contain sufficient controls on these activities that further regulation is not currently needed. The assembly further finds that
fuel storage and significant removal of vegetatmn within the 100-year flood plain along the Kenai River and its tributaries
need regulation to protect the Kenai River salmon habitat.
21.18.030 Periodic Review.
As pan of its role in comprehensive planning thc planning department shall prepare an assessment of the benefits and
effectiveness of this chapter after one year, with a review every two years thereatier. In prepanng this evaluation the
planning commission shall hold at least one public hearing.
21.18.035 Kenai River watershed district.
There is established a Kenai River watershed district comprised of all lands lying within or contiguous to the Kenai River
drainage system as bounded and defined on the official map, a copy of which is attached as Exhibit A, which shall be kept
on file in the planning department. The Kenai River drainage system shall include all sections of the Kenai River to its outlet
into Cook Inlet, all tributaries and small lake systems including Kenai and Sldlak Lakes and their headwaters. The purpose
of establishing this watershed district is for watershed boundaries only. Inclusion indicates that the area is important to the
Kenai River watershed.
2 I. 18.040 Habitat protection area established.
There is established a Kenai River habitat protection area within the Kenai River watershed district. Except as otherwise
provided in this section, this area includes all lands within 50 horizontal feet of the Kenai River. This shall be measured
from the ordinary high water mark or mean high water line in tidal areas. Where the banks within this fifty-foot area consist
of a 60 degree or more cut bank the habitat protection area shall consist of the greater of 50 feet from the river or to a point
25 feet back from the top of the cut bank.
21.18.050 Flood plain - Restrictions within for habitat protection - Permit required - Fuel storage tanks and logging -
Conditions.
A. No person shall install or replace a fuel storage tank or conduct logging activities as defined in this section within any
flood hazard area bordenng the Kenai River or any of its tributaries without first obtaining a permit from the borough
planning director. In this section "flood hazard area" means any area designated as such pursuant to KPB 21.06 and shown
on the most recent flood insurance rate maps published by the Federal Emergency Management Agency.
B. Application for a permit shall be made to the borough planning department. No permit shall be issued unless the planning
director or designee cieterrmnes that the proposed activity meets the requ:rements of subsection C of this section. The
applicant shall submit site or work plans showing the location of the activity, the proposed means of conducting the activity.,
and information showing that the proposed activity meets the conditions of this section.
C. Fuel storage tanks must be attached or anchored solidly to a structure or to the ground. Cables may be used for anchonng
that are of sufficient strength to prevent the tank from tearing loose if it were to float while empty. The tank must also be
installed within an impervious containment basin of a size sufficient to contain 110% of storage capacity plus 12 inches of
free board.
D. No permit shall be issued for logging unless the borough planning director, or designee, detenmnes the clearing does not
result in a cleared area larger than 20 percent of the total area of the parcel provided that cleanng for the footpnnt of a
building may exceed this 20 percent limit. Multiple cleared areas may exist on a parcel but the total of all such areas may not
exceed 50 percent of the total area of the parcel upon which the logging permit is sought. The planning director may also
deny a permit upon a determination that the proposed logging will increase runoff and/or erosion to such levels that it may
significantly damage the riparian habitat and wetlands within the habitat protection area.
E. A decision of the planning director under this section may be appealed to the planning commission. The appeal must be
filed with the planning director within seven days of the date of the decision and state the basis of the appeal. Only the
applicant or an affected property owner may appeal a decision.
21.18.060 Prohibited activity within the protection area.
Within the habitat protection area established by Section 21.18.040 of this chapter, no building, construction, filling,
excavation, major clearing of vegetation, commercial recreational uses, or activity, which results in si~ificant erosion or
damage to riparian habitat, or results in or increases ground or water pollution, can be conducted except when specifically
http://www.borough.kenai.ak, us/AssemblyClerk/Assembly/Ordinances/1996/0... 7/24/2003
Ordinance 96-06
Page 3 of 5
allowed under KPB 2 I. 18.070, or when a conditional use permit has been issued pursuant to KPB 21.18.072 or 21.18.080 or
when allowed for a prior existing structure under the provisions of KPB 21.18.090.
21.18.070 Activities not recluinng a permit.
A. The activities specified in this section may be conducted within the habitat protection area zone without obtaining a
permit from the borough under this chapter. This section in no way waives or modifies the necessity of adherence to other
provisions of the KPB code, including KPB 21.06 (flood plain management), or requirements of a permit from federal, state
or local governments. Conduct of activities listed in this section are expressly conditiOned upon obtaining all applicable
permits. Conduct of activity without obtaining necessary permits shall be considered a violation of this chapter, subject to
the provisions of Section 21.18.110.
B. The following activities, to the extent they do not result in significant erosion or damage to riparian habitat, or result in or
increase ground or water pollution, do not require the issuance of a permit under this chapter:.
1. Minor vegetation management (trimming, pruning, or removal of hazardous trees)
2. Private non-commercial recreational uses that do not involve construction, excavation or fill of land
3. Construction. installation, repair and maintenance of ladders, steps, cantilevered wallcways, platforms, docks, and bank
restoration and protection and maintenance dredging that are regulated by and require a permit from the Alaska Department
of Natural Resources, State Parks Division, and the Alaska Department of Fish & Game, U.S. Army Corps of Engineers and
other applicable agencies. The activity must compty with all conciitions and regulations imposed on such activity.
4. Boardwalks meeting specifications established in KPB 5.14.041XA).
21.18.072 Limited commercial activity within habitat protection area.
The planning commission may issue a permit for activities to be conducted within or using the habitat protection area as
provided in this section. Permits are required for commercial activities of the same nature as those allowed under 2 I. 18.070
B. for private non-commercial use upon conditions that the activity is limited to pedestrian use over boardwalks, stair and
docks necessary to alleviate the increased levels of activity attendant to the commercial activity. A permit may not be issued
unless the planning commission determines the activity will be conducted in a manner that does not result in significant
erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution. Permits are
conditioned upon compliance with all applicable federal, state and local laws and regulations. In granting a permit, the
planning commission may establish such conditions on the development, use or operation of the activity or facility for which
the conditional use permit is granted as it determines necessary to prevent erosion, destruction of wetlands or riparian habitat
or result in or increase ground or water pollution. The activity must be conducted on a portion of property, adjacent to the
property within the habitat protection area for which the permit is sought.
2 I. 18.080 Conditional use permit.
A. An owner may apply for a conditional use permit to allow activities which are prohibited within the habitat protection
area. Conditional use permit requests shall be approved or denied by the planning commission. A conditional use permit
may not be approved unless it is determined the activity will be conducted in a manner that does not result in significant
erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution. Conditional use
permits are conditioned upon compliance with all applicable federal, state and local laws and regulations. In granting a
conditional use permit, the planning commission may establish such conditions on the development, use or operation of the
activity or facility, for which the conditional use permit is granted as it determines necessary to prevent erosion, destruction
of wetlands or riparian habitat,, or result in or increase ground or water pollution. Additionally a conditional use permit may
not be granted unless the planning commission determines that the owner will be deprived of reasonable use of the property.
without a conditional use permit being granted.
El. A person seeking a conditional use permit must make application to the borough planning department. The application
shall provide information describing the proposed activity and demonstrate that the activity meets the conditions for
conditional use permit. The planning commission has no obligation to ascertain whether special conditions can be developed
or imposed unless the applicant has submitted adequate information to demonstrate that the proposed methods or conditions
will eliminate the impacts of the activity within the protection area. If the planning commission determines a proposed
activity will cause significant erosion, destruction of wetlands or npanan habitat, or result in or increase ground or water
pollution it shall deny a conditional use permit for the requested activity.
21.18.090 Prior ex~sting activities and structures.
A. Intent. There are activities which were conducted, and structures which were under construction, or exist and were In use
before the enactment of this ordinance which would be prohibited or restricted under the terms of this ordinance or future
amendments. It is the intent of this section to permit these prior ex~stmg acuvities or structures to conOnue. Any such
activities or structures must still comply with other applicable laws. The activities referenced in this secuon shall be allowed
if they do not result in significant erosion or damage to the riparian habitat.
B. Structures. Structures which were under construcuon or in use before the effective date of any provision of this chapter,
but that would be prohibited or restricted under the terms of this.chapter shall be allowed to continue, provided that a
structure under construction must be substantially completed within two years of enactment of this ordinance. Such a
structure may be maintained or repaired without a permit. Such a structure may also be replaced or reconstructed within two
years after accidental damage or accidental destruction by fire, explosion, or other casualty or act of God. Reconstruction or
replacement not completed within two years of the date of the damage is prohibited except in compliance with current
requirements. Such replacement or reconstruction may only be undertaken in the same space that the structure occupied
prior to damage or destruction.
C. Activities. This chapter shall not prohibit or restrict activities which were conducted before the effective date of any
provision of this chapter, provided that. after the effective date, such activities are conducted in the same location and'are
not enlarged to include a greater number of participants or to occupy a greater area of land.
D. Permits. Any enlargement or expansion of such an activity or structure within the habitat protection area shall require a
conditional use permit. A conditional use permit shall be granted to an applicant if the enlargement or expansion will be
conducted in a manner that does not result in significant erosion, destruction of wetlands or riparian habitat or increase in
ground or water pollution. The permitting authority may attach conditions to the permit it feels are reasonably necessary to
achieve the above objectives.
Other provisions.
1. Any prior existing activity or structure which is abandoned for two years or more shall thereafter not be conducted, used
or occupied except in conformity with the provisions of this chapter.
2. Nothing in this chapter shall prevent any change of tenancy, ownership or management of any prior existing structure.
21.18.100 Administration by cities- Delegation - Legal proceedings.
A. The administration and enforcement of this ordinance may be undertaken by a city. 13. A city may adopt the stan~ds
established in this chapter or prescribe standards more stringent than those established in this chapter for the areas of the city
within the habitat protection area or other areas regulated by this chapter.
· C. A city wishing to administer and enforce this chapter shall enact an ordinance adopting the provisions of this chapter bv
reference, providing the city will undertake the administration in conjunction with the administration of land use reguiauon's
and building and health codes enacted by the city. Within 30 days of passage of the ordinance the mayor shall transtar the
administration and enforcement to the city. The city may relinquish and transfer the administration a~d enforcement back to
the borough by ordinance, however the transfer shall not take effect until 90 days or the commencement of a new fiscal year
for the borough, whichever is greater. '
D. If a city assumes administration of this chapter, conditional use permit determinations shall be made by the city planning
commission, or by the city council, as provided by city ordinance. Appeals or legal proceedings taken from actions of the
city in administenng shall be the sole responsibility of the city.
7_ 1.18.110 Penalty for violation.
For any violation of this chapter the owner, agent, or contractor of a building or premise where such violations have been
committed or shall exist, or any other person who maintains any building or premise or conducts an activity in violation of
this chapter shall be subject to a civil penalty, up to S300. Each day that a violation continues shall be considered a separate
violation t'or purposes of imposing the penatty. The provisions of KPB 21.24.020 shall not apply to violations of this
chapter.
21.18.120 Conflict with city land use authority or other laws or regulations.
To the extent this chapter may conflict with any previous grant or delegation of land use regulation authority from the
borough, such previous delegation of authority, is modified or limited so as not to conflict with this chapter. Except as
· otherwise specifically provided by another provision of this chapter, the restrictions on use of land activity established by
this chapter shall be in addition to any other restrictions adopted by any state, federal or local authority having authority to
adopt those restrictions.
http://www.borough.kenai.ak.us/AssemblyClerk/Assembly/Ordinances/1996/0... 7/24/2003
Ordinance 96-06
?a~e 5 of 5
.~ 1.18.130 Administration and appeals.
Applications for permits, conditional use permits or determinations under this chapter will be administered in accordance
with the provisions of KPB 21.20 governing application, notice and conduct of heanngs. Appeals from action taken under
this chapter w~il be handled in accordance with the appeal procedures set forth in KPB 21.20
21.18.140 Definitions.
As used in this chapter:
A. "Commercial use" shall mean an occupation, employment, or enterprise that is carried on for sale of goods or services or
for profit.
B. "Conditional use" shall mean a use that would not be appropriate without restrictions throughout the habitat protection
area but which, if controlled as to number, area, location, relation to the habitat or method of operation, would not cause or
lead to significant erosion, destruction of wetlands or npanan habitat, or result in or increase ground or water pollution.
C. "Cut bank" shall mean banks of the Kena~ River with exposed soil surface that have occurred from natural or manmade
causes whether the exposed sunice extends to the high water mark or not.
D. "Erosion" shall mean significant sloughing, washout, or discharge of soil arising from manmade sources or causes.
E. "Fuel storage tank" shall mean any vessel for the storage of petroleum based fuels including gasoline, diesel, kerosene
and heating olt having a liquid volume of 200 gallons or more.
F. "Ground or water pollution" shall mean the discharge, application, spread or release of chemicals, toxic materials, fuels,
pesticides, petroleum based fuels on or into the soil and waters within the habitat protection area.
G. "Kenai River" shall mean the main stem of the river from and including Kenai Lake to the mouth including Skilak Lake.
H. "Logging" shall mean removal or cutting down more than 50 trees per acre that have a breast diameter height of 6" or
rrlore.
I. "Mean high water line" or "ordinary high water line" shall have the definition given in 11 AAC 53.900(15) as it currently
exists or as it may be renumbered or revised.
J. "Ordinary. high water mark" shall have the definition given in 11 AAC 53.900(23) as it currentlv exists or as it may be
renumbered or rexqsed. ' '
K. "Riparian habitat" shall mean the areas within and adjacent to the river containing spawning and rearing habitat for
salmon or that provide immediate cover or stability for salmon and eggs at all stages of development.
L. "Soil erosion" shall mean the increased movement of soils that occurs as a result of human activities or development.
M. "Structure" shall mean anything which is constructed, erected or moved to or from any premises and which is located
above, on, or below the ground, including buildings, roads, signs, billboards, satellite antennas and other commtmlcatlon
structures, fences, and mobile homes.
N. "Wetlands" shall have the meaning given in 16 USC 1302 as applied to land within the habitat protection area.
SECTION 2.That this ordinance shall take effect May 15, 1996.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 22nd DAY OF APRIL, 1996.
Page I of 4
Introduced by: Scalzi. Brown. Popp, Navarre
Date: 02/I$t00
Hearing: 03/21/00, 04/18/00, 05/02/00
Amended: 03/21/00
Action: Amended & Postponed
Date: 05/02/00
Action: Enacted as Amended
Date: 05/16/00
Vote: 8 Yes, 0 No. I Absent
KENAI PENINSULA BOROUGH
ORDINANCE 2000-08
ORDINANCE AMENDING THE KENAI RIVER HABITAT
PROTECTION ORDINANCE TO INCLUDE OTHER ANADROMOUS
STREAMS WITHIN THE KENAI PENINSULA BOROUGH
WHEREAS, in 1996 thc assembly adopted KPB 2 I. 18 in order to protect important Kcnai River salmon habitat; and
WHEREAS, at the time of adoption of KPB 21.18, the assembly stated its intent to extend application of the ordinance to
tributaries to the Kenai River within one year, and
WHEREAS, there are a number of anadromous streams within thc Kenai Peninsula Borough according to the Alaska
Deparnnent of Fish & Game atlas and catalog of anadromous fish which would benefit from the habitat protection
provisions of KPB 21.18; and
WHEREAS, salmon streams are vital to the economy of the Kcnai Peninsula Borough and the enjoyment of borough
residents;
NOW, THEREFORE. BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:
SECTION I. That the t~tle to Chapter KPB 2 I. 18 is amended as follows:
CHAPTER 21.18.
[KENAI RIVERI ANADROMOUS STREAMS HABITAT PROTECTION
SECTION 2. That KPB 2 I. 18.010 is amended to read as follows:
21.18.010. Purpose.
The ourpose of this chapter is to ensure [Establish] measures for the protection within the Kenai Peninsula Boromth of
[Kenai River] IS]salmon spawning and reanng habitat are applied in a consistent manner while recognizing pnvat"~-properw.
rights and providing cities the option to administer the ordinance within their boundaries. It is the intent of this ordinance to
avoid duplicating regulations of state, federal, or municipal agencies and to minimize conflicts between those regulations
and this ordinance.
SECTION 3. That KPB 21.18.020 is amended to read as follows:
21.18.020. Findings.
In enac0ng this ordinance the assemblv finds numerous factors affect the habitat of the anadromous [Kenai River] streams
within the Kenai Peninsula Borough. ,~mong others these include bank erosion, bank trampling, pollution, inadequate
tourism ~nfrastmcture. unsuccessful attempts to remedy bank erosion or protect and restore habitat, inconsistent regulations,
logging, grazing, mining, wetland fill and drainage, excavation and fill of laroperty, dred~ng, inappropriately installed
culverts, fuel storage, and maintenance of existing structures. The assembiv finds that the sensitivity of the river area
requires general prohibition of activities within an area immediately adjacent to the [Kenai River] anadrom0u$ streams and
only activities which do not damage the habitat should be allowed. The assembly finds that certain activities [having] have
minor impact and that existing state, federal and locat laws and regulations contain sufficient controls on these activities th
further regulation is not currently needed. The assembly further finds that fuel storage and significant removal of vegetatlm.
within the 100-year flood plain along the [Kenai River] anaciromous streams [and its mbutaries] need regulation to protect
the [Kenai River} salmon habitat.
SECTION 4. That KPB 21.18.025 is enacted to read as follows:
21.18.025. Application.
The following anadromous streams, as identified in thc "Atlas and Catalogue of Waters Important for Spawning, Rearing, or
Migration of Anadromous Fish" published by the Alaska Department of Fish and Game, are subject to this chapter:.
A. Within the east side of Cook Inlet as follows:
1. Kenai River, Stream No. 244-30-10010, and its following tributaries:
(a) Beaver Creek, Stream No. 24430-10010-2025
(b) Slikok Creek, Stream No. 24430-10010.2030
(c) Soidotna Creek, Stream No. 24430-10010-2039
(d) Funny River, Stream No. 24430.10010.2050
(e) Moose River, Stream No. 24430.10010.2063
(f) Killey River, Stream No. 24430-10010-2076
(g) Upper Killey River, Stream No. 24430.10010.2110
(h) Russian River, Stream No. 24430.10010.2158
(i) Quartz River, Stream No. 24430. 10010-2177
(j) Trail River, Stream No. 24430-10010-2225
2. Swanson River, Stream No. 247-90-10020
3. Kasilof River, Stream No. 244-30-I 0050
4. Niniichik River, Stream No. 244-20-10090
5. Deep Creek, Stream No. 244-20-10100
6. Stariski Creek, Stream No. 244-10-10050
7. Anchor River, Stream No. 244- I 0-10010
8. Fox River, Stream No. 241-14-10645
9. Seldovia River, Stream No. 241-11-10730
I0. English Bay River, Stream No. 241-30-10500
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Page .3 o f 4
II. Bradley River, Stream No. 241-1410625-2010
12. Bishop Creek. Stream No. 246-90-10030
13. Chickaloon Creek. Stream No. 247-60-10110
14. North Fork of Anchor River. Stream No. 24410-10010-2011
15. Seven Egg Creek. Stream No.24780-10010
SECTION S. That KPB 21.18.040 is amended to read as follows:
21.I 8.040. Habitat protection area established.
There is established la Kenal River] an anadr0mous stream habitat protection area[ within the Kena~ River watershed
distnct]. Except as otherwise provided in this section, this area includes all lands within 50 horizontal feet of the [Kenal
River] streams set tbrth in KPB 21.18.025. This shall be measured from the ordinary, high water mark or mean high water
line in tidal areas. Where the banks within this fifty-foot area consist of a 60 degree or more cut bank the habitat l~rotecnon
area shall consist of the greater of 50 feet from the'river or to a point 25 feet ba~k from the top of the cut bank.
SECTION 6. That KPB 21.18.050A is amended to read as tbliows:
21.18.050. Flood plain-Restrictions within for habitat protection-Permit required-Fuel storage tanks and logging-
Conditions.
A. No person shall install or replace a fuel storage tank or conduct logging activities as defined in this section within any
flood hazard area bordenng the Kenai River or any of its tributaries or other anactromous streams set forth in KPB 2 I. 1 ~.025_
without first obtaining a permit from the borough planning director. In this section "flood hazard area" means any area
designated as such pursuant to KPB 21.06 and shown on the most recent flood insurance rate maps published by the Federal
Emergency Management Agency.
SECTION 7. That KPB 21.18.050C is amended to read as follows:
C. Fuel storage tanks must be attached or anchored solidly to a structure or to the ground. Cables may be used for anchoring
that are of sufficient strength to prevent the tank from teanng loose if it were to float while empty. [ti_The tank must also be
installed within an impervious containment basin of a size sufficient to contain 110% of storage capacity plus 1 '~ inches of
free board. ~ . --
SECTION 8. That KPB 21.18.070(A)(4)is amended to read as follows:
21.18.070. Activities not requiring a permit.
4. Boardwalks and gratewalks with less than 75 percent but a minimum of 25 percent light'penetration must be constructed
so that no part. other than the supporting posts, are less than 18 inches off the ground. Gratewalks with at least 75 percent
light penetration must be constructed so that no part, other than the supporting posts, are within 8 inches off the ground.
Boardwalks and gratewalks are not to exceed eight (8) feet in width, and those boardwalks and gratewaiks running alon~ or
parallel to the banks of the [Kenm River] streams_shall be limited in length to no more than one third ti/3) the total line~t
fiver frontage of the parcel on which it is constructed. Boardwalks and gratewalks must be constructed of wood, plastic.
fiberglass, aluminum, steel, or other non-toxic material. If the wood is treated, it must be certified as non-toxic to plants and
animals by an independent laboratory or other appropriate agency. Boardwalks and eratewalks not meeting the above
requirements shall require a conditional use permit. -
SECTION 9. That KPB 2 I. 18. 100C is amended to read as follows:
21.18.100. Administration by cities-Delegation-Legal proceedings.
C. A city. wishing to administer and enforce this chapter shall enact an ordinance adorning the provisions of this chapter bv
reference, providing the city w~il undertake the administration In conjunction w~th the administration of land use regulations
and building and health cocies enacted by the city. Within 30 days of passage of the ordinance the mayor shall transfer the
administranon and entbrcement to the ci'tv. The ~ity may relinquish and transfer the administranon ar~ci enforcement back to
the borough bv ordinance, however the transfer shall not take effect until 90 davs after the (;:ity approves the transfer or the
commencement of a new fiscal year for the borough, whichever is ?eater.
SECTION 10. That KPB 2 I. 18.140C is amended as tblloWs:
C. "Cut bank" shall mean banks of [the Kenai River] anadr0mous streams with exposed soil surface that have occurred flor,.
natural or manmade causes whether the exposed surface extends to the high water mark or not.
SECTION 11. That this ordinance shall take effect immediately upon enactment.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 16TH DAY OF MAY, 2000.
http://www.borough.kenai.ak.us/assemblyclerk/Assembly/Ordinances/2000/02... 7/24/2003
Ordinance 2000-08 Memo
Page I of 1
MEMORANDUM
TO: William Popp, Assembly President
Members. Kenai Peninsula Borough Assembly
FROM: Drew Scalzi. Assemblv Member
DATE: February. 3, 2000
SUBJECT: River habitat protection ordinance
The protection of salmon streams in the Kenai Peninsula Borough is important to the economy and enjoyment of fish and
river resources by the borough's citizens. Currently KPB 21.18 protects the Kenal River, an important salmon stream within
the Kenai Peninsula Borough. One of the assembl~,'s goals when adopting KPB 2 I. 18 in 1996 was to extend the application
of the ordinance to the Kenai River's tributaries. 'IShis ordinance proposes amending the Kenai River Habitat Protecnon
ordinance to include anadromous mbutanes of the Kenai River. It also extends the ordinance's application to the larger and
more sigmficant salmon streams on both the east and west sides of Cook Inlet. The information tbr determining the
inclusion of anadromous streams is taken from the Alaska Department of Fish & Game publication. "Atlas and Catalogue of
Waters Important for Spawning, Rem'lng, or Mi_re'anon of Anadromous Fish."
032100 Meeting Summary.
Pa~e 3 of 12
(Hem'ing on 04/18/00) (Referreci to Finance Committee)
Ordinance 2000-17: Appropriating $165,000.00 from the General Fund Balance to Account No.
409.21135.98007.49999, Capital Projects - Kenai River Center l Navarre) (Hearing on 04/18/00) (Referred to
Finance Committee)
Petition to Vacate that Portion of the 60 foot Ri~ht-of-Wav Dedicated as Taiga Way Adjacent to Lot 6 Block One
Van Sky Subdivision No. 2 (Plat 77-13 KRD), ~nd the Associated 50 foot Radius Temporary turnaround, and the
Associated 5 foot Clearing and Underground Utility. Easement. within Section 23. Townshil~ 7 North, Range 12
West, Seward Meridian, Alaska: KPB File No. 2000-021 (Referred to Lands Committee)
· Appointment of Canvass Board for the 04/I 1/00 Special Electian (Referred to Policies and Procedures Committee)
President Popp called for public comment on consent agenda items with none being offered.
AGENDAS APPROVED AS AMENDED: Unanimous without objection.
COMMENDING RESOLUTIONS AND PROCLAMATIONS rrop, ~. 4zo~
Mayor Bagley read aloud a proclamation recognizing March as Amencan Red Cross Month and encouraged all citizens to
support the Red Cross.
PUBLIC COMMENTS AND PRESENTATIONS
President Popp called for public comment on items not appearing on the agenda. There being no one who wished to speak,
President Popp closed the public comment period.
COMMITTEE REPORTS
Assembly Member Navarre stated the Legislative Committee met and discussed the proposed bylaws for the Central Kenai
Peninsula Hospital Service Area Board. Mr. Navarre also reported on the recent National Association of Counties legislative
nip to Washington, DC.
Assembly Member Sprague said the Lands Committee met with a brief discussion on the Kenai Area Plan. Public testimony
was provided on Ordinance 2000-08 with amendments forthcoming.
Assembly President Popp chaired the Finance Committee and reported on several resolutions. Mr. Popp stated additional
information would be provided at the appropriate nme on the agenda.
Assembly President Popp reported the Policies and Procedures Committee had postponed the Borough Clerk's Annual
Review until April 18, 2000. -
REPORTS OF COMMISSIONS AND COUNCILS rra~, ~. ~
Assembly Member Brown reported on the LNG Terminus Grou0 work plan. Mr. Brown announced a town meeting
scheduled at the Nikiski Senior Center on March 30, 2000 at b:00 p.m.
Assembly Member Navarre attended a Kenai River Special Management Area meeting. He noted he would also be attending
the AML Legislative Conference in Juneau.
Assembly Member Sprague attended AML teleconferences and was scheduled to attend an AML Legislative meeting in
Juneau from March 22-23. He had also been involved with the CPGH boards, the Economic Develol~ment District, the
Trails Commission, and the KPB Planning Commission.
Assembly Member Fischer also attended a joint meeting of the Central Kenai Peninsula Hospital Service Area Board and
CPGH, Inc.
Assembly Member Moss attended a School District meeting in Homer.
Absent: Merkes. O'Brien, Scalz!
MOTION TO POSTPONE FAILED: 0 Yes, 6 No. 3 Absent
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Popp, Brown, Moss, Sprague, Navarre
No: Fischer
Absent: Merkes, O'Brien, Scalzi
MOTION TO ENACT AS AMENDED: 5 Yes, I No, 3 Absent
Assembly Member Fischer gave notice of reconsideration of Ordinance 2000-07.
Ordinance 2000-0.8_: Amending the Kenai River Habitat Protection Ordinance to Include Other Anadromous
Streams within the Kenai Peninsula Borough (Scalzi) (First of Three Hearings) (Referred to Lands Committee)
MOTION TO ENACT: Spraguc moved to enact Ordinance 2000-08.
President Popp opened and closed public comment with none being offered.
MOTION TO AMEND: Navarre moved to amend Ordinance 2000-08 as follows:
Section 4. "Thc following anadromous streams, [or segments of streams,] as identified in thc "Atlas and Catalogue of Waters
Important for Spawning, Rearing, or Migrauon of Anadromous Fish" published by the Alaska Department of Fish and
Game, are subject to this chapter:.
A. Within the east side of Cook Inlet and Seward as follows:
1. Resurrection River, Stream No. 231-30-10080
2. Kenai River[ and its Tributaries in the Kenal River Drainage], Stream No. 244-30-10010. and its following tributaries:_
a(~ Beaver Crgek, Stream No. 24430-10010-202~
1~ Slikok Creek. Slxeam NO. 24430-10010~2030
cf~ Soldoma Qrcek, Stream No. 24430- 10010-2039
d~ Funny River. Stream No. 24430-I0010-2050
e~ Moose River, Stream No. 24430-10010-2063
f.O Killey River, Stream No. 24430- I O010-2076
Upper Killey River, Stream No. 24~30-10010- 21 l0
Russian River. Stream No. 24430-10010-2158
Quartz River, Stream No. 24430-10010-2177
Trail River. Stream No. 24430-10010-2225
http ://www.borough.kenai.ak.us/AssemblyClerk/Assembly~eeting%20Summ... 7/24/2003
032100 Meetine Summary
Page 7 of 12
3. Swanson River, Stream No. 247-90-10020
-t. Kasilof River. Stream .No. 244-30-10050
5. Ninilchik River, Stream No. 244-20-10090
6. Deep Creek, Stream No. 244-20-10100
7. Stariski Creek, Stream No. [244-~!-10050] 244-10-10050
8. Anchor River, Stream No. 244- I 0-10010
9. Fox River, Stream No. 241-14-10645
10. Seldovia River, Stream No. 241-11-10730
11. English Bay River, Stream No. 241-30-10500
12. Bradley River, Stream No. 241-1410625-2010
13. Bishop Creek. Stream No. 247-90-i 003Q
14. Chickaloon Creek. Strearfl No. 247-60-10110
[B. Within the west side of Cook Inlet and Seward A-7 as follows:
I. Crescent River, Stream No. 245-30= i 0010
2. Polly Creek, Stream No. 245-40-10050
3. Harriet Creek, Stream No. 24540-10010
4. Drift River, Stream No. 245-50-I0085
5. Big River, Stream No. 245-50-10050
6. Johnson Slough, Stream No. 245-50-I 0020
7. McArthur River, Stream No. 247-I0-10080
8. Middle River, Stream No. 247-10-10070
9. Old Tyonek Creek. Stream No. 247-20-10050
10. Tyonek Creek, Stream No. 247-20-10040
I1. Beluga River, Stream No. 247-30-10090]
VOTE ON MOTION TO AMEND:
Yes: Popp, Brown. Moss, Sprague, Fischer, Navarre
No: None
Absent: Merkes, O'Brien. Scalzi
MOTION TO AMEND PASSED: 6 Yes. 0 No. 3 Absent
MOTION TO POSTPONE: Navarre moved to postt~ne Ordinance 2000-08 until April 18. 2000.
VOTE ON MOTION TO POSTPONE
AS AMENDED:
Yes: Popp, Brown, Moss, Sprague, Fischer, Navarre
No: None
Absent: Merkes, O'Brien, Scalzi
MOTION TO POSTPONE AS
AMENDED PASSED: 6 Yes, 0 No, 3 Absent
Ordinance 2000-10: Appropriating S70.000 in Supplemental Funding From Anchor Point Fire and Emergency.
Medical Service Area Operating Fund Balance to the Anchor Point Fire and Emergency Medical Service Area
Operating Budget in the Amount of $15,000 for Unplanned Maintenance Costs and to the Anchor Point Fire and
Emergency Medical Service Area Capital Improvement Budget in the Amount of $55,000 to Help Fund the Purchase
of a New Ambulance (Mayor) (Referred to Finance Committee)
MOTION' Brown moved to enact Ordinance 2000-10.
President Popp called for public comment with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Popp, Brown, Moss, Sprague, Fischer, Navarre
No: None
Absent: Merkes, O'Brien, Scalzi
MOTION TO ENACT PASSED: 6 Yes, 0 No, 3 Absent
(TM 1, J]
Ordinance ~000-11: Appropriating S50.000 from General Funds for Establishment of a Port Authority. (Mayor)
(Referred to Finance Committee)
MOTION: Navarre moved for the enactment of Ordinance 2000-11.
President Popp called for public comment with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Popp, Brown, Moss, Sprague, Fischer, Navarre
No: None
Absent: Merkes, O'Brien, Scalzi
MOTION TO ENACT PASSED: 6 Yes, 0 No, 3 Absent
http://www.borough.kenai.ak, us/AssmblyCler~~sembly~eetmg%20S~... 7/24/2003
04~1800 Meeting summary. Page 1 of 1
Ordinance 2000-08: Amending the Kenai River Habitat Protection Ordinance to Include Other Anadromous
Streams wRhin the Kenai Peninsula Borough (Scalzi, Brown. Navarrel (Second of Three Heanngs} (Referred to
Lands Committee)
[Clerk's Note: Motion to enact was on the floor from the March 21, 2000 meettng.]
President Popp opened the public comment period.
The following people spoke in favor of Ordinance 2000-08:
Dale Bondurandt. 31864 Moonshine Drive, Soldoma, AK
Herman Fandel, 702 Lawton Drive. Kenai, AK
Don Johnson, PO Box 876, Soldoma, AK
The following people spoke in opposition to Ordinance 2000-08'
Scott Janke. 614 4th Avenue, Seward. AK
Sherman C. "Red" Smith, PO Box 770. Cooper Landing, AK
Debra Holle, 27370 Tideland Street. Kaailof, AK
There being no one else who wished to speak, President Popp closed the public comment period.
Assembly Member Scalzi called upon John Mohorcich of the Kenai River Center and Gary Liepitz with AK Dept. of Fish
and Game to answer questions raised by the public. '
MOTION: Navarre moved to postpone Ordinance 2000-08 until May 2, 2000.
MOTION TO POSTPONE PASSED: Unanimous without objection.
('l'atn ,1.
050200 meeting summary. Pa~e I of 2
Ordinance 2000-08: Amending the Kenai River Habitat Protection Ordinance to include Other Anadromous
Streams within the Kenai Peninsula Borough (Scalzi. Brown, Navarre} (Second of Three Hearings} (Referred to
Lands Committee}
[Clerk's Note: Motion to enact was on the floor/'rom the March 2 I. 2000 meettng.]
Assembly Member Scalzi noted a representative of the Kenai River Center gave a presentanon durin~ the Lands Committee
Meeting. --
President Popp called for public comment.
The following people spoke in opposition to including Resurrection Rl'ver in Ordinance 2000-08:
Jim McCracken, PO Box 691, Seward, AK
Steven Schafer, PO Box 1062, Seward, AK
Ron Long, Camelot Subdivision, Seward, AK
Bob Vaidatta, 528 Fifth Avenue, Seward, AK
The following people spoke in favor of including Resurrecnon River ~n Ordinance 2000-08'
Charlie Crangle, PO Box 3394, Seward, AK
Dale Bondurant, 31864 Moonshine Drive, Soldotna, AK
MOTION: Scalzi moved to amend Ordinance 2000-08 21.18.025. Application by deleting Resurrecnon River, Stream No.
231-30-10080, until such time as a site specific plan for habitat protection can feasibly be implemented and adopted
appropriately by ordinance.
Assembly Member O'Brien spoke in favor of the Scalzi amendment.
MOTION TO AMEND PASSED: Unanimous without objection.
MOTION: Scalzi moved to include the North Fork of the Anchor River, Stream No. 24410-10010-2011.
MOTION TO AMEND PASSED: Unanimous without objection.
MOTION: Brown moved to include Seven Egg Creek, Stream No. 24780-10010.
MOTION TO AMEND PASSED: Unanimous with objection.
MOTION: Sprague moved to amend Ordinance 2000-08 with the following additions:
"Seefion 4. 21.18.025 Application
(c} Soldoma Creek, Stream No. 24430-10010-2039
I...Unnamed tributary to E~t Mackey Lake 24430-I0010-2039-3029
2. Unnamed tributary to Tree Lake 24430-10010-20~t9-3040
3. Unnamed tributary to Sevena Lake 24430-10010-2039-3045
4. Unnamed tributary to Cisca Lake 24430-10010-2039-3053.-
\'OTE ON MOTION TO AMEND:
Yes: O'Brien, Navarre, Scalzi, Popp, Brown, Sprague, Moss
No: Merkes. Fischer
Absent: None
MOTION TO AMEND PASSED: 7 Yes, 2 No, 0 Absent
MOTION: Merkes moved to postlmne Ordinance 2000-08 until May 16, 2000.
Assembly Member Navarre spoke in opposition to postponement. He later reluctantly withdrew his objection.
Assembly Members Fischer, Brown, Sprague, Scalzi, and O'Bfien spoke in favor of postlmning Ordinance 2000-08.
MOTION TO POSTPONE PASSED: Unanimous without objection.
http://www.borough.kenai.ak.us/AssemblyClerk/Assembly/Meeting%20Summ...
· 7/24/2003
Assembly meeting minutes Page 1 of 1
V Ordinance 2000-08: Amending the Kenai River Habitat Protection Ordinance to Include Other Anadromons
Streams within the Kenai Peninsula Borough {Scaizi, Brown, Navarre} {Referred to Lands Committee}
[Clerk's Note: Motion to enact was on the floorpom the March 21. 2000 meetmg.]
President Popp opened the public comment period.
The following person spoke in favor of Ordinance 2000-08:
Dale Bondurant, 31864 Moonshine Drive, Soldoma, Alaska
The following people spoke in opposition to Ordinance 2000-08:
Mike Tauriainen, PO Box 937, Soldotna, Alaska
John Kistler, 32605 K-Beach Road, Soldotna, Alaska
There being no one else who wished to speak, President Popp closed the public comment period.
MOTION: Sprague moved to amend Ordinance 2000-08 as follows:
Section 4. 21.18.025 Application.
A l.(c) Soidoma Creek, Stream No. 24430-10010-2039
[I. UNNAMED TRIBUTARY TO EAST MACKEY LAKE, STREAM NO. 24430-10010-2039-3029
2. UNNAMED TRIBUTARY TO TREE LAKE, STREAM NO. 24430-10010-2039-3040
3. UNN~ED TRIBUTARY TO SEVENA LAKE, STREAM NO. 24430-10010-2039-3045
4. UNNAMED TRIBUTARY TO CISCA LAKE, STREAM NO. 24430-10010-2039-3053]
VOTE ON MOTION TO AMEND:
Yes: Popp, Scalzi, Brown, Moss, Sprague, Navarre, Fischer, Merkes
No: None
Absent: O'Brien
MOTION TO AMEND PASSED: 8 Yes, 0 No, I Absent
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Navarre, Fischer, Merkes, Sprague, Moss, Brown, Scalzi, Popp
MNO: None
Absent: O'Brien
OTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, I Absent
KENAI CITY COUNCIL MEETING MINUTES
JANUARY 17, 1996
PAGE 23
with the actual cost of the project. The assessment for the
parcels that can be subdivided in the future would remain the
same. His concern were those large lots that cannot be
subdivided due to an amount of the property being swamp area.
carroll Murphy - 270 Eisenhower. Murphy stated he owned the
large piece of' property which was assessed for $16,000. Williams
noted the assessment had been adjusted to $11,000. Murphy asked
if .it was assessed going in .150 ft. Kornelis answered they used
the 150 ft. amount as it was an original ~overnment lot and not
subdivided. Murphy stated the assessed v~lue of the lot was set
at $139,000 and he did not understand how that valuation was
assigned. Williams answered the Borough Assessor decides on the
assessed value of the property. Kornelis added, the assessed
value is based on the property, improvements and water/sewer.
The city used the Borough's assessed value.
Joe F~s~her - 230 Eisenhower. Fischer asked what the basis of
the formula was. Kornelis answered the initial assessment roll
was based on the estimated c.ost for the project. The percentage
was taken and the cost was d~vided between the property owners.
Upon completion of the project, the cost was less. There was a
savings to everybody, including the city and the property owners.
The assessments are now based on the actual cost of the project
It is the same formula. '
Fisher stated it did not seem to be a good formula for the larger
lots. The benefit of the project is not in the larger lots. He
requested council consider that.
Williams noted the public hearing on the final assessment roll
was scheduled for February 7 and a copy of the report included in
the packet at this meeting would be available for property owners
~at city hall.
D~scussion - Kenai Peninsula Borough/Kenai River
Protection Area Ordinance.
Mayor Williams reported he requested the Borough's ordinance be
placed on the agenda as he felt it needed council,s attention
prior to its public hearing. Williams noted memoranda included
in the packet from the Building Official and the City Engineer
regarding problems they saw for the city in regard to the
ordinance. Williams also noted the memorandum from the Finance
Director at I-5 in regard to the amount of real and property
taxes the fish processors bring to the city. Also, information
KENAI CITY COUNCIL MEETING MINUTES
JANUARY 17, 1996
PAGE 24
from Salamatof Seafoods in regard to salaries, taxes, income,
expenses, licenses and permits was included in the packet.
Williams asked Attorney Graves for his comments on the ordinance.
Williams noted he was concerned about language in the draft which
was not thought to be in it when the work group was developing
the ordinance. Williams noted his concern regarding variances
(page 2 of the ordinance). With the new language, upgrading,
enlarging, etc. of the canneries, would be very difficult. Also,
he understood that the areas below the bridge would not be a part
of the ordinance. The new draft ordinance is not written like
that. It now speaks to it as involving property all the way to
the mouth of the river.
There is also concern about the liability in regard to whether
the city should accept the responsibility from the borough to
administer the ordinance. The ordinance is not what was
anticipated, not what was expected and not what the city said
they would accept.
Attorney Graves was a member of the working group who developed a
new ordinance. However, Graves stated he believed the present
draft of the ordinance varied significantly from the intent'of
the group's ordinance. The variations were in two areas- (1)
the language about a variance requiring deprivation of all
reasonable use' of the property before it being granted. This was
not the intent of what he understood would be requiring a
variance. He did not know where the language came from. It was
not what he supported and not what a lot of the members of the
committee supported.
(2) The section regarding prior-existing uses is now a lot
stricter than what the committee intended. Graves added, during
the committee meetings, he made no bones about the fact that part
of his charge was to protect the economic viability of the
canneries. The city wanted to do that and wanted to make sure
the canneries could go ahead forever and expand to meet new
business needs and opportunities. His understanding of the other
members of the committee that this was their intention as well.
They wanted the canneries to be able to operate as long as it was
economically viable and recognized that the canneries would have
to change and make modifications, etc. like other businesses, to
keep up with current conditions. Graves added, he did not
believe the restriction on prior-existing uses now meets the
requirements of the committee.
KENAI CITY COUNCIL MEETING MINUTES
JANUARY 17, 1996
PAGE 25
Graves added, because of the restrictions, it approaches a taking
in a lot greater extent than what he anticipated and it also
increases the city's liability if the city enforces the
ordinance. Graves stated he al~"eed with Mayor Williams in that
the new ordinance is not what he thought would come from the
committee. The new ordinance does not do what they wanted it to
do, i.e. protecting the canneries, etc. Also, when the canneries
agreed to be included in the ordinance, it was their
understanding they would be protected in the ordinance.
Graves stated his other major complaint was that the ordinance
makes violation of its provisions a misdemeanor. This means that
there is a jury trial, a public defender could be appointed which
is a very cumbersome process for a $300 fine. Under Alaska law,
if someone is charged with a misdemeanor, they get a jury. If
the city would enforce the ordinance, the city would have to pay
the court system for the jurors, a court-appointed lawyer (if
needed), etc.
Williams stated the violation portion also forces the city into a
position of using public funds to prosecute the people.
Councilman' Smalley noted that at the Planning & Zoning Commission
meeting, Commissioner Bryson brought the ordinance to their
attention because of his membership to the Borough Planning &
Zoning Colm~ission. His and City Engineer La Shot's concerns were
similar, i.e. the definition of "all" the cut-bank, the prior-
existing uses concerns, potential court actions, etc.
Graves stated that it was important to note on the taking issue
that if the Borough takes a piece of recreational property, they
may pay $§0,000. If the city takes a cannery, the city would pay
several million, plus potentially lost profits. The city's
liability is much greater than the Borough,s liability.
Williams asked if the Borough passed the ordinance in its present
form and they became the sole responsible party for enforcing the
ordinance and the city s~ayed clear out of it, would it put all
the liabilities of takings onto the Borough Graves stated it
would. '
Measles agreed and noted that the only places where the Borough
backed off in the ordinance was the .size. He understood that
there would be a push from assembly members to put the size of
the area back to what it was before, including all the flood
plains. If the Borough passes the ordinance, Measles stated he
believed the city would be back to where it was last year and
KENAI CITY COUNCIL MEETING MINUTES
JANUARY 17, 1996
PAGE 26
should not accept the responsibility of the ordinance.
Additionally, if the ordinance passed, t~e city should hold true
to its original discussion of going to court to find if the
Borough has authority to impose the ordinance on the city of
Kenai. Also, the city should withdraw that portion of the river
inside the city limits from the ordinance.
Measles added, he did not think the city would ever come to an
agreement with the Borough on the ordinance. Williams stated the
ordinance comes to public hearing on March 6. Williams suggested
city representation should be at the public hearing. Smalle¥
noted the city did have representation on the Assembly. Smalley
suggested the city might convey their concerns with the ordinance
to them and invite them to a council meeting to discuss the
matter with them. Measles stated they had not listened to
council before.
Smalley suggested a letter be sent to the Borough and requested
voAttorney Graves attend the meeting on January 22. Attorney
Graves stated he would attend the meeting. Smalley stated he
believed Commissioner Bryson would be attending as well and would
ice the same concerns. Council agreed.
Mayor Williams referred to information included in the packet of
H-9, the proposed change to the Kenai River Sockeye Salmon
Management Plan which has been suggested by the Matanuska-Susitna
Borough. Williams noted the proposal included placement of an
emergency weir in the Kenai River and 24 hours-a-day, seven-days-
a-week openings for personal use dipnetting, from July 1 to
August 15 or sooner. They also want the dipnetting to go from
the mouth of the river to below Cunningham Park. The proposal
also suggests increasing the run into the Kenai River from
700,000 to 1.1 million fish in order to make sure there is a
major escapement into the River for the dipnet fishing.
Williams stated he, as well as Mayor Gilman, were extremely upset
that the proposal to raise the salmon run into the River was
submitted by the Mat-Su Borough. The proposal also stated'those
most likely to benefit would be "all south-central sport and
personal use fisherman, some southcentral district commercial
salmon fisheries and smaller increases in the allocation for the
Kenai River would not provide enough fish in the river for needed
levels of escapement and recreational and personal use fishing,
nor offer adequate protection for small stocks mixed in with the
Kenai sockeye, but needed for the Susitna drainage."
KENAI CITY COUNCIL MEETING MINUTES
MARCH 20, 1996
PAGE 2
ITEM B:
B-1.
S,CHED~ED P~BLIC COMM~
Assemblymem~ers Betty ~lick a~ Tim Navarre - Kenai
River Protection Ordinance Update.
Assemblywoman Glick gave an update of the work the Assembly and
River Working Group has done in regard to the Kenai River
Protection Ordinance. Glick stated, compared to last year's
overlay ordinance process, the new ordinance process had been
more positive and the group had come to a consensus in regard to
matters of the ordinance. This time, only one draft of the
ordinance was discussed at a time.
This year, the Borough Attorney and Planning Director worked on
the ordinance, along with the working group and Assembly. Last
year, they had not been consulted until the end of the process.
Last year's overlay ordinance (which was not passed) was all-
encompassing of the river and included the cities from the
beginning. This was a problem for the City of Kenai. This time,
the cities will have the option to opt out of the ordinance by
not adopting it.
The City has stated its concern in regard to prior uses,
misdemeanors and variances in the ordinance and the Assembly and
working group tried to address those issues. Last year's draft
didn't address the flood plain issue. It was on the books, but
administration had not updated it. Since last fall's flood, they
have worked with FEMA in updating it which was added to the river
ordinance.
An acceptable determination has not been made in regard to the
prior existing uses. Glick reported she asked Attorney Graves
for help in developing an amendment, which he has done. Some
concerns voiced were why the canneries should receive special
treatment.
Councilman Bannock asked what the logic was in excluding the
lower five miles of the river in Kenai and why not exclude all of
the river inside the city of Kenai. It would make the division
easier. Glick stated that was included in last year's ordinance.
Since then, Fish & Game have done an assessment in regard to fry
in the lower portion of the river. She wants to grandfather the
canneries in.
KENAI CITY COUNCIL MEETING MINUTES
MARCH 20, 1996
PAGE 3
Bannock stated he believed the processors should be out of the
ordinance, but would be more comfortable beginning the exemption
at the city limit line to the mouth. This would not be showing
favoritism to the canneries. ~
Assemblyman Navarre reported the Planning Commission would be
holding a work session on March 25 and the Assembly would be
holding a special meeting on March 27. He hoped to have an
uDdated ordinance forwarded to Clerk Freas to include in the
council's April 3 packet for review. ~e also hoped council would
take a position on the ordinance, offering changes if necessary.
There would still be time for him to offer ...D~ner amendment
before the ordinance has its final review and action by eke
Assembly.
Mayor Williams requested the Kenai River Ordinance be placed on
the April 3 meeting agenda.
Councilman Moore asked if Glick or Navarre would support the
city's concerns. Navarre answered he thought the city's support
of the ordinance was its strength. He hoped concerns of the city
could be offered as amendments and compromises could be made.
The purpose of the ordinance is to create a watershed and protect
the river.
Glick added she believed the ordinance would be killed if the
city was not included. She emphasized they were only talking
about the lower end of the river. In the end, it would be up to
the city to adopt the Borough's ordinance or not.
Glick also reported the Assembly unanimously passed a resolution
in support of Kenai's efforts to place a Challenger Center in
Kenai.
ITEM
PUBLIC HEARINGS
C--1,
Ordinance No. 1678-96 - Increasing Estimated Revenues
and Appropriations by $21,000 in the General Fund for
the Purchase of Playground and Basketball Court
Equipment.
MOTION.-
Councilman Bookey MOVED for adoption of Ordinance No. 1678-96 and
Councilman Bannock SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 3, 1996
PAGE 15
Ordinanae No..1.687-96 - Amending the Kenai Municipal
Code by Adding Section 13.30~095 to Prohibit parking on
Kenai Avenue. -
Introduced by consent agenda.
Ordin&nae No. 1688-96 - Increasing Estimated Revenues
and Appropriations by $70,000 in the Soils CIIAP
Capital Project Fund for Clean-Up of Lots 13 and 14,
CIIAP.
Introduced by consent agenda.
H-8. Dis~ussion- Kenai River Protection Ordinance.
~Assembly~ember Bett]~ ~li~k - Glick reported on the Borough
~Assembly's actions taken the night before on their Kenai River
~Protection Ordinance. Glick stated she gave the most recent cody
]of the .ordinance to Attorney Graves for his review. The
~ordinance included a change recommended by the Acting Borough
~Attorney Bill Walker. Mr. Walker was hired due to his knowledge
of the takings issue, etc.
Glick reported the proposed amendments proposed at their 3/16/96
meeting and a special work session was held on 3/27/96. The
proposed amendments were attached to the memorandum -- some of
which were withdrawn, some voted down, etc. Through the process,
there have been more positive comments than there were last year
with the overlay ordinance.
Comments last night suggested the setback should be 100 ft. and
should include the watershed and tributaries. Others thought the
ordinance would have no effect and should be scrapped. Comments
from the Parks Division, Fish & Game, and Division of Forestry
were they would, like to see a more stringent ordinance, but were
supportive of getting an ordinance on the books and also
committed to working with the Borough in enforcing the
ordinance's criteria when adopted.
Com]ments from the majority of the people giving testimony in
regard to the tributaries, setback and watershed issue were that
the deletion of the area from the Warren Aames Bridge to the
mouth and the Cooper Landing area should be put back into the
ordinance, making the ordinance applicable to the entire water
column from Kenai Lake to the mouth. An amendment to this regard
will be brought to the table at their next meeting (April 16).
KENAI CITY COUNCIL MEETING MINUTES
APRIL 3, 1996
PAGE 16
Attorney Graves' amendment for Section 21.i8.090 (prior existing
structures) was discussed. Assemblywoman Merkes did not like
Graves' suggested language that stated "prior existing structures
which were lawful and in use." She proposed to take out "lawful"
and put in "were in use or had a substantial start." A long
discussion followed regarding the word "lawful" and "in use" and
what would constitute a "substantial start." Action was to
remove "lawful" and "were in use" was added. The reference to
"had a substantial start" did not pass.
However, the Borough Attorney submitted suggested language which
they felt would protect them better from lawsuits and was
adopted. The language Graves prepared and was considered at
their meeting last night, was unanimously adopted.
Graves also prepared an amendment to 2~.18.060, activities with
the habitat protection area. That amendment was also unanimously
adopted.
Including the tributaries was defeated. An amendment was
proposed to 21.18.035 to create a watershed (600 horizontal feet
back). There was an amendment to increase the watershed area,
but was defeated. The 600' was approved.
The wording to Protect the canneries was considered as opposed to
deleting a portion of the river. The conditional use permitting
is included and does address the concerns of the canneries.
Councilman Measles asked what is a structure as defined in a
prior existing structure, 21.18.090. Glick answered, any kind of
a structure, i.e. a house, garage, a shed, cannery. Any kind of
a structure there now would be grandfathered in by the ordinance.
Attorney Graves stated if there is no definition, the court would
go to the dictionary definition of structure. Structure is a
broad definition. He believes, in the ordinance, it was meant to
be broad to grandfather a lot in.
Measles noted the ordinance creates a "Kenai Watershed District."
The district is created, but it is not mentioned anywhere else in
the ordinance. Measles asked what creating a district would do?
Glick answered, the explanation was to draw an arbitrary line to
encompass the watershed area. She was not in favor of this as
watershed starts at the headwaters of the Kenai River.
Measles stated his concern at creating a.watershed district or
defining a flood plain would make it easy in the future to expand
KENAI CITY COUNCIL MEETING MINUTES
APRIL 3, 1996
PAGE 17
all the regulations in the ordinance to cover those districts.
It probably could be done without a lot of public awareness.
Measles referred to Section 21.18. 040 (b) which would remove part
of the lower and upper river where it states "shall be excluded
from and shall not be considered a part of the habitat protection
area but shall be subject to all other provisions of this
chapter" and asked what it meant;. Glick stated she understood it
as excluding in regard to the 50' setback. She believes if it is
excluding the area, it is excluding the area. Mr. Drat. hman's
recommendation was to exclude the 50' habitat protection area
because there are essentially no banks in the lower part of the
river as .there are in the upper river.
Attorney Graves stated he read it to mean the 50' setback
wouldn't apply but the other re~j~llations of what can and cannot
be done in a flood plain will apply. Glick stated she agreed.
Councilman Smalley referred to areas of exclusion for some of the
habitat protection below the Warren Aames Bridge, the land lying
between the outlet of Kenai Lake downstream and Cooper Creek,
etc. In the definitions, Kenai River is defined as "the stem of
water from Kenai Lake to the mouth, excluding Skilak Lake."
Smalley asked if that was another exclusion. Glick answered yes.
She added, there had been a proposed amendment in regard to the
Skilak Lakeexclusion at their 3/27/96 meeting but did not come
up for further discussion last night. Smalley asked why it was
proposed to be excluded because Skilak Lake is a ballooning of
the Kenai River. Glick answered that was a question raised by a
number of the assembly, however it was not discussed at the
meeting last night.
Smalley referred to 21.18. 110, Penalty Violations and asked who
would be responsible for litigation expenses if the city chooses
not to adopt the Borough's ordinance. Glick answered she
believed it would be the Borough,s responsibility as it is their
ordinance and they would be enforcing the. ordinance.
Smalley referred to 21.18.010 and noted at the bottom of the
paragraph, "it is the intent of the ordinance to avoid
duplicating regulations of...municipal agencies...and to minimize
conflicts between the regulations and the ordinance.,, Smalley
stated he continued to see the city in conflict on this issue.
Also, the one area of the River really needing protection was the
dunes and the ordinance did not speak to the dunes area. Smalley
added, he perceived this area, as well as any part of the river
inside the city of Kenai, as the city's responsibility.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 3 , 1996
PAGE 18
Smalley also asked, if areas were to be excluded, i.e. Skilak
Lake, Warren Aames Bridge to the mouth, why couldn't the area
from Mile 12 to the mouth be excluded. Also, different sets of
regulations, create different standards by which people who live
in the different areas are impacted.
Glick agreed and added, the areas proposed for exclusion also
included Kenai Keyes, Castaway Cove, and Poachers Cove
Subdivisions. Justification to exclude them was that they were
substandard lots the Borough approved and should be excluded
because they could not comply. However, the motion to exclude
them was defeated.
Smalley stated to support his comment, if a community or
municipality was set up with a definite set of standards, which
it enforces for development, then that entity should be allowed
to enforce its ordinances and should not be stepped upon by an
outside entity. If a municipality doesn't have similar
ordinances or wants the Borough to apply its ordinance to their
area, then that would be acceptable. But if a municipality has
an ordinance already enforced, it should be allowed to use that
ordinance.
Glick reported the City of Soldotna has an ordinance on the books
which is more stringent than the Borough's proposed ordinance.
Soldotna is loosening some of their rules and regulations.
Glick also recalled, the last time she came before the council,
Councilman Bannock suggested the City of Kenai property from 12%
miles from the mouth should be excluded from the Borough
ordinance. Because there is city land on one side of the river
(within those 12% miles) and Borough land on the other, it
presents a problem for enforcement and possible discrimination.
Smalley suggested the ordinance only speak to the Borough lands
within that area. Glick stated that could be a possibility,
however no amendment to that effect had been presented.
Glick reported the ordinance would be back before the Assembly on
April 16 and there were additional amendments forthcoming, as
well as the ordinance being open for amendments up to the time
the ordinance is adopted.
Williams stated a problem could arise if the Borough would try to
enforce police or civil power in regard to their ordinance, over
the city's building code if the City issued a building permit to
a person and the Borough did not or visa versa. The Borough
ordinance does not speak to the city's permitting authority.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 3, 1996
PAGE 19
IDiscussion continued in regard to the effect of the Parks
Department., Fish & Game, etc. and their enforcement., and
protection of the river. The Parks Department was asked if they
would enter into a Memorandum of Agreement in regard to
protecting the river and they said they would work on it.
Mayor Williams noted the council would continue to monitor the
situation.
D~sc%~ssion - Procedures for Management of Dipnet
Fishers at Beach/River Mouth.
Mayor Williams explained he requested Attorney Graves to research
if the city had the legal right to interfere with the dipnetting
which has been approved by the Board of Fish. He was told, the
city can do some things to prevent damage to city lands, but the
Public Trust Doctrine has to be considered, allowing public
access to the beach. The city can control where access is made
to the beach.
S~eve PmN~iz~ - Explained that he lives in the last home within
the city limits on the south side of the River. He has
experienced a lot of trouble with trash, damage to his yard, his
home, trash, etc. and tearing down of the dunes. He suggested
discontinuing allowing motorized vehicles on the beach on the
south side.
Williams noted Attorney Graves had developed ~a no parking
ordinance on Kenai Avenue, which was introduced at the beginning
of the meeting. There are other things the city can do to
control access to the beach, however enforcing ~he rules is a
problem.
Bookey stated he agreed with Williams and understood Perrizo's
concerns because more control on this side of the river will push
more people to the south side. Whatever is done, all areas of
the river need enforcement. He hoped the city would be ready to
handle the problem.
Councilman Moore stated he believed the way to protect the beach,
private properties, etc. is to restrict the use of motorized
vehicles on the dunes and beach. There will be a parking problem
if the road along the dunes is shut. If parking is allowed (by
the sewer plant), there will need to be a limit of how long.
Moore suggested a 24-hour maximum.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 3, 1996
PAGE 20
rSmalley suggested, to help eliminate problems and enforc~he
'~°de, a police officer will need to be stationed in thg/area.
~e city needs to respond to the protection of the ar~,
i~luding prohibiting driving on the bea~¢h.
Bookey noted there would also be a financial prob.]fem. The boat
ramp'%fees were set at $5.00. The boat dock wil~be inundated
with ~rbage and bathroom use. It will be cocky to regulate.
Bookey ~ug'l:jested instituting a transportation/service concessl, on.
Moore ad~ed, if the city didn't do somethingz'drastic, it will
loose cre~ility. ~/'
COuncilman Bannock stated he was not ready to eliminate vehicle
use on the so~th side of the river as ~ere is access to the
beach without ~sing the road by the P~rrizo home. Cetacea (a
Borough street)~ould be encouraged~o be used instead. It would
be too far for p~ple to walk. ./
It was suggested th_~right-of-wa/_ (by Perrizo) be vacated in
order to block publi~access to/the beach at that area. Williams
noted it has to be vacated by ~he Borough and they have objected
to it in the past. Ban~ck_ s~ggested vacation be requested again
because of the upcoming~0~ems.
Bannock also suggested th~ ~orough be requested to put a sign up
at Cetacea which would emcour~ge the public to use that access to
the beach. Perrizo suggested~nly allowing foot traffic by his
home, however that we%Id not r~ove parking problems.
/
Councilwoman Swarner/suggested la~ge signs be placed at the
Perrizo property informing the public the right-of-way was open
only to foot traff, lc and request permission from the Borough to
place a sign at .C~tacea. ~
Kornelis re~or~~d the Harbor Commission~iscUssed concerns at
their last megting and will be addressin~them again at their
upcoming meet/lng. At their last meeting, '~he Commission
discussed p~cing concrete pilings and larg~, logs along Kenai
Avenue to ~event people from driving off the~road and onto the
dunes. T~ere could be an area to drive down K~nai Avenue, drop
off equipment and people, and then drive back a~ park along
Spruce ~treet. The Commission also requested si~s be placed at
the do~k to instruct pleasure boats to move when f%shing boats
are ~eding to unload. ~
Sma~ley noted enforcement of rules would be costly bot~
financially and personnel-wise. Smalley suggested requesting
KENAI CITY COUNCIL MEETING MINUTES
JUNE 7, 2000
PAGE 11
Parks Director Frates was requested to investigate replacing of pole cups at the
cemetery.
ITEM J:
DISCUSSION
J-lo
Citizens-- None
J-2. Council
Bookey-- No comments.
Swarner -- Questioned when the work on the steps at the airport terminal
would begin. It was reported the purchase order had been processed and the
contractor was scheduled to begin work within the week.
Moore -- No comments.
Porter -- Requested the street department to remove the sand/dirt that had
accumulated around the circle planters along Frontage Road. Porter also asked if the
ordinance regarding junk cars was enforced and how many cars had the city removed
in the last two years. Attorney Graves explained the ordinance was complaint driven
and that there was no one to patrol for that purpose alone. He noted, the amount of
prosecutions had increased, but would have to check the records for an exact amount.
Graves added, complaints are addressed to the Planning & Zoning Department.
Bannock-- Reynolds' Property/Appeal -- Bannock if Mr. Reynolds had agreed
with the purchase of the portion of the adjacent property (discussed at Item I-2) and
Ross explained it was Reynolds' suggestion.
· Borough Ordinance/Kenai River Tributaries -- Bannock asked if
Administration had investigated how the new Borough ordinance would affect the City
of Kenai. Graves explained Title 29 gives planning and zoning authority to the
Boroughs and they (the boroughs} have authority to delegate the authority to cities.
He noted, the city was delegated the planning and zoning authority, but this ordinance
would give a portion of that authority back to the Borough. Graves stated, the remedy
would be to request an amendment to Title 29. He noted, if the city argued the
matter, he believed a court would hold the Borough has the authority. Additionally,
enforcement is not left to the municipalities, however they could opt in and assume
enforcement reflecting the direction of the Borough's ordinance. He noted the city did
not take the authority. '
Bookey agreed with Bannock in regard to the ordinance and the effect it would have
on the city. He added, he believed the city should have 100% control within its
boundaries a~.d suggested council may want to try to amend Title 29. He also noted
his concern that the borough was expanding on the River ordinance and was including
areas that had nothing to do with the River. Williams stated he believed the city could
get legislation introduced, however support would have to be shown from other
boroughs and home-rule cities to get it passed.
· Kenai Cemetery Sign -- Bannock stated he liked the new cemetery sign.
Frazer -- No comments.
17.1p~,.285 .Kenai River Overlay. District (KROD}.
A, Inte.nt. The Kenal River Overlay District (KROD; is intended to Drow0e ol~o~un~t~es fo' [he
development anct use of lanai and enhancement of nlDarlan haDitat within all the zoning oismcts
located along the Kenai River while estal~lishing special overlay recluirements to control erosion,
ground or surface water contamination, or adverse alteration of riparian habitat.
.B.. Special Definitions. For the DUrl~oses of the KROD, the following special clefinitions apl~ly
and shall be controlling over any other definitions in this zoning cocle.
"Development" as defined in Section 17.10'1~30, De§nitions, with the addition of the
following:
a) Cons£ruction of dwelling units, I~oarclwalks, dect(s, docks, or any other structure;
b) Removal of live vegetation:
c) Surface or subsurface extraction of natural resources;
d) Filling or excavation of lands.
2)
"Boarc~waiks" means elevated walk-ways utilizing wooden planks as a surface
3)
"Cut bank" means the banks of the Kenai River or other banks with a surface where [he toe
of the SlOl3e extends to the orclinary high water marl( and which has a slope of greater t, an
45 degrees (1 to 1).
"Erosion" means sloughing, washout, or :lischarge of soil.
"Gratewatks" means elevated light penetrating (ELP) walk'waYs utilizing some variety of open
grate mate,al as a surface.
"Ordinary high water (OHVV) mark" means the mark along the bank or shore of the Kenai
River uo to which the presence ariel action of the non-tidal water ar~ so common and usual.
anti so long continue~l in all orclinary years, as to leave a natural line impressed on the
or shore and indicated by erosion, shelving, changes in soil
7)
"Riparian hal~ita~" means areas adjoining and adjacent to the river wnic, are naturally
(biologically) suitable for the spawning ancl rearing of all fish' may be ac~jacent areas of
vegetation which provide cover and stal3ility to the spawning and reanng areas as well as
contributing to water cluality.
.KROD Established.
This KROD is estal3iished to include all lands within 100 feet from the OHW marl~ or 25 feet
back from tl~e tod of a cut bank. wi~ichever is greater. Measurements snail be mace
horizontally.
No land shall be cl~vetopecl or used within the KROD boundaries except in accor0ance with
the special KROD requirements in this Section.
The underlying zoning district provimons are neltl~er al3anclonecl nor repealecJ, but are
augmentect by the KROD requirements.
Should a conflict bet~veen the provisions of this sec[ion and any other section of this zoning
code or law occur, the most restrictive provisions shall control. ,
D. _Site Plan. If the applicant is al)plying for a KROD Administrative t=ermit or for approval of a
conclitional use, a site plan which includes all ~nformation reouired in Section 17.10.415. Site Plan
Review, shall be suDm~ttea w~th the applica[~c~n. In aclclition, the following information snail be
included on the site p~an:
City of Soldotna
Ordinance 692
Aam~nistrative Permit snatl ue gran[ea :f the fott2wing conditions ana ail other ,<ROD reau~rements
are met:
1 ) 'l'he proposect Inna cleveio~ment or use Involves one or more of the following,
a)
b)
¢)
d)
e)
Excavation of not more titan 5 cubic yaras;
Removal of existing s~ructures:
Attact~ecl structural improvements or additions to existing conforming structures will
be atloweO one time only, not to exceea 25 percent of the structural footl~rint, to
ensure that incremental improvements do not occur in the overall devetot3ment;
Reinforcements, repair, ancl maintenance of existing structures; and
Habitat protection projects as allowed under Section H, below.
2)
No live vegetation removal is allowea except to accomplish work described in G. 1, above.
3)
There ~s no s~gnificant erosion, grouna or surface water contamination, or aclverse alteration
of the riparian habit.
H. K.ROD Administrative Perm. it - Habitat. Protection Pro|ect$. if all stanclaras listed below
and other requirements of the KROD are met, eligible Habitat Protection Projects stroll be grantecl a
KROD Administrative Permit:
1 ) General Standards
a) Structures shall be constructecl of woad, plastic, fiberglass, aluminum, steel or other
non-toxic matedat. If tl~e woocl is treated it mus£ be certified as non-tox~c to 131ants
anti animals Dy an independent laboratory or other appropriate agency.
b) All disturbed areas or exl~osea eartl~wom causea by the project shall be stabilized
and re-vegetated witl~ woody ancl/or herbaceous plant species. All revegetat~on
shall take place between May 15th and September 1st. If revegetatlon during th~s
period is unfeasible, it shall occur the following season.
c) Walk'ways installed under this subsection shall have no less than 20 percent light
penetration.
2)
Eli_aible Proiects
a) Construction, installation, repair anct maintenance al: ladders, steps, cantileverect
walk'ways, platforms, docks; bani( restoration ancl protection projects; ancl
maintenance dreclging activities wnicl3 are regulatect and permitted by the Kena~
River Center, Kenai Peninsula Borougt~; State Parks Division, Alaska DeDartmen! of
Nal, urai Resources; Alaska Department of Fish ancl Game; U.S. Army CorDs of
Engineers; and ot~er al3plical31e agencies.
b) Waikways, stairs, steps and laclclers w~th a m~n~mum of 50 percent l~gt~t ~enetrat~on
and elevated to at least the height of the sut3oorting framing witt~ no part of the
supporting structure other trion SUl3porting piles or posts in direct contact wilh the
ground.
c) Walkways, stairs, ste0s, and laclclers with less than 50 percent light t3enetration aha
having an ~verage elevation of'no tess than 18 inches above the ground measurea
to the bottom of the clecking.
I. co.ndi__tlo, n.ai Use Approval. If a proDosea tana cleveto0ment or use ~s nol: exempt or has not
been granted a KROD Administrative Permit, procedures for conditional use approval shall be
followea and a Zoning Permit must be grantea. An at3131icatian, along with a site plan, snail be
submitted and approval may be granted subject to the proceaures ancl standarcls fauna in Section
17.10.400, Conditional Uses, Section 17.10.420, Zoning Permit, and the following:
1) KROD Conditions- In aciclition to the general stanaards required for conditional use
approval, the Commission sl~all make a coml~tete written statement of evidence and finclings
and recluire the applicant to meet any conditions imoosed to mitigate the potential for
significant erosion, grouna or surface water contamination, ar aclverse alteration of the
riparian habitat.
City of Soldotna 43 Ordinance 692
The location of all exlsi:ing and DroDc;secl s~;n. lc;ures, r,a~ural resource extracl:lorl I::)Its. toxic cr
hazardous materlat storage areas. SeDl:lC systems, wells, fuel tank:s, and excavations
fill areas whicrt are local:e(] Doth ons~te and within 50 feet of tr~e sul3ject
The location of the 100 year floocl hazard area (same as 100 year floocl plain) as shown on
Kenai Peninsula Borough Geogral~hic Information System (GIS) matos'
The location of any cut banks which are Iocatect within the KROD boundaries'
4)
A description of any material or substance to be useq on the 10roloerty which may be harmful
to fish ancl wildlife or habitat;
5)
A description ~nd drawing of any habitat improvements, erosion control, or slope
stabilization measures to be taken;
A listing of all federal, state, and local permits which may be recluirect in connection with the
prol0oSecl cleveloloment;
7)
The location of the OHW mark: an(]
8)
The location of the KROD boundaries.
.E..... Procedures Summary_ Del0ending on the 13rol0c~sect land develol~ment or use, one of the
following procedures apptJes:
1) N_o application ..required- if the prol0osed land clevelol3ment or use meets all alOlOlicable
conditions to be exempt from further review, no application is requirecl (see SubsectJon F
below) ' :
2)
KROD Administrative Permit allowed {'no he.a._r_i_n~l, If not exempt, tJ3e 13roloosed land
development or use may qualify for a KROD Administrative Permit. An applicant for a
KROD Administrative Permit srtall submit an alOlOlication with a site I:)tan for review and action
by the Administrative O~cer. (see Subsections G an0 H below).
3)
Concliti0nat use approval required (hearinq). I1: not exem0t and all rec~u~rements for a KROD
,
Aclmini~trative Permit cannot De met, the-alOlOlicant shall follow the IoroceOures in Section
17.10.400, Con(]itional Uses, an(] Section 17.10.420. Zoning Permit. (See Subsection t
below.) '
F. No AI3131ication Requi._red. The 'following land development and uses are exempt from
KROD requirements an(] no alop/i-c:ation is recluired:
1) Minor vegetation management, inclucling the trimming, pruning, removal of deacl or
hazardous trees or shrubs, or ordinary care of gardens or lawns;
2) Pdva/e non-commercial recreational land uses that cio not involve construction, excavatmn,
removal of live vegetation or fill of lanct; and,
3) Any land development or use listecl within 21.18.070(B), "Kenal River Habitat Protection."
Kenai Peninsula Borough Code of Ordinances, anti Iocatecl w~thin the KROD bounclaries,
providecl the applicant has receivecl appropriate l~erm~ts from :l~e Kenai River Center, Kenai
Peninsula Borough; State Parks Division, Alaska Del~artment of Natural Resources; Alaska
Department of Fish anti Game; U.S. Army Corps of Engineers; or any other applicable
agency.
G. KROD Administrative Permit, Excavation Removal Additions and Re a~p~. If a
~'opose-'~'~~eve/~r~t or use of lancl is not exemol: from KROD rec;uirements, the aloO/icanl: may
apply for a KROD Administrative Permit (no nearing require0) ay suom,~ing an al~loilcation w~th a site
plan. A geotechnicat engineering investigation on the site may atso De reoulred. A KROD
City of Soldotna
Ordinance 692
Notice- ~,~ a(:(3ition to the notices re~.uire~3 ~ Section ".7 '0.425. Public Hearinos t~_~
A(:lminis[rative Officer snail send a copy of the Z. on~ng Permit aDl~iication 13aci<et t~3 the Kenat
River Center and the Alasl(a Department of Environmental Conservation for review
comments.
(Ord. 692 § 1, 1999)
City of Soldotna
44 Ordinance 692
1~7.10.400 Conciitlonai Uses.
Intent- The intent of this section ~s to allow special uses and associated struc:ures which may ~e
coml:}atibte W~th princiDat ~erm~ttecl uses in specific zoning districts, througt~ the approval of a
conclitional use, if certain stanclarcls and ~n~litJans are met.
B. S=ectal Deftni_t_ion, "Conditional use" means a use or associated structure which, owing to some
.special ct~aracteristics atten~lant to its operation or installation, is permitted in a district sui~jec! to
special standards and conoitions in addition to the usual recluirements for the clistnct ~n wn~cn the
conclitional use may be Iocatecl.
C, When Required; Approval of a con~litional use and the issuance of a Zoning Permit sl~all be
re~luzrecl for any of the following:
1) Conditional use lisl;eO within any of the zoning clistricts;
2) Planned unit develol~ments;
3) Any specific use recluiring such approval witi~in the Kenai River Overlay District:
4) Unlisted uses; or
5) Natural resource extraction.
D, Aoolication Procedure. _A site plan an0 an aoDlication for a Zoning Permit shall be pre.Darecl
an0 submitted for approval as recluirecl in Section 17.10.415, Site Plan Review ancl Section
17.10.420, Zoning.l=erm~t.
E, Geperal Standards_. All of the following standarcts shall be met before a con~litional use apl~roval
may 0e grantea:
1) The use and the development scheme for the use is in harmony with the intent of the zoning
dis~ct in which it is to be located and wil~ any specific startda~s associated with that conaitional
use within the district;
2) The use is in harmony with the general standards of this zoning code, the Comprehensive
Plan, and surrounding land uses;
3) The use shall be so located and arranged on the s~te to avoid significant noIse, glare, oc~or or
other nuisances and dangers;
4) The clevelopment of the use shall not significantly impair the value of the adjoining property;
5) The size and scale of the use is such that Jt shall be adequately serveO by existing public
services anti facilities: aha
6)
Granting of the conditional use shall not be harmful to the public safety, health, or welfare.
(Ord. 692 § 1. ~ 999)
City of Solaotna
Ordinance 692
7.10.4'15 Site Plan Review.
A,_ ..Intent. The intent of th~s section ~s to estaDl~sh stanclarcls and proceclures for the ,oreparat~on and
submission of a site plan as recluirecl Dy the various sections of th~s zoning code
B. VVhen Required, Approval of a site plan and the issuance of a Zoning Permit shall be recluired
.for any use or structure for which the suDm~sslon of a site plan ~s required Dy this zoning code.
except where the Administrative Officer has waived the reau~remen£ acco~ln.a to the procec~ures
fauna in Section. 17.!0.420, Zoning Permit.
C, Application Procedure. An application for review anct_approvat of a site plan st~all be t~reeareo
anct submitted for approval accorcling to the procedures found in Section 17.10.420, Zoning PermIt.
P.t, Site Plan Requ. lrem.ents_, The site plan shall contain the following information, exceot' where
waived by the Administrative Officer:
1) General Plan
a.
ed
go
ho
Legal descn.otion of the land included in the site plan;
Name, adclress, ancl telept~one number of the owner, clevetoDer, an~l designer:
If the applicant is not the property owner, written permission from the prot~erty
owner;
A scale of not less than 50 feet to the inch if the property is less than 3 acres in size
anal 100 feet to the inc~ if the property is :3 acres or more;
Date, Nortl~ point, and scale;
Dimensions of all lot ancl property lines, showing the relationship of the suloject
prot~erty to tl~e abutting properties;
Location of all existing anct proDosecl structures on the suDject property ancl all
existing structures within 100 I'eet of the subject property;
Location and dimensions of all ex,stIng and 10roloosecl clrives and other curd cuts.
parking areas, snow storage areas, streets, alleys. $~clewalks. walls, fences, and
recluired landscaping if not otherwise recluirecl'
Type, s~ze and location of all existing eno proposed public and private utilities: and
Plan for clrainage of surface water runoff.
2~
3)
Off- Street P.a._r.K~nq anct Loaclinq Plan. Where parking and loading are rec[uirecl t~y Section
17.10.330, Off-Street ParKing anti Loacling, a parking and Ioa~ling plan sl~all be submittecl as
an element of the site Dian and contain the fotlow~ng adclitional information:
a. Delineations, dimensions, and angles of all spaces, incluclincj regular, accessible.
Ioacling, and recreational vel~icte spaces;
D. Traffic flow, location of ingress and egress, location of directional signs, and
adherence to traffic visibility standards'
c. Existing and olannecl surfacing materials:
d. Type and l~cation of ligl~ting; and
e.. Any aclclitlonat information as may i0e re~u~recl l~y the Administrative Officer to
determine ~ standards and conclitions have Peen met.
.Landscap~n_a Plan.- Where landscaping is reoulrecl by Section 17.10.335, Landscaping, a
landscaping plan shall be submitted as an element of the s~te plan ancl snail contain the
following aclditional information:
Type of lanclscal0ing (interior, buffer, right-of-way, or screening);
Common anal scientific name of each plant to be used:
Number, height, and caliper of trees to oe usecl;
Number of ground cover plants Der unit of measure to be used.
Location wt~ere different plant types witl be used:
Location. size, and type of trees to t:~e Dreservea ~n their natural s~a[e
Planting aeta~ts: and
City of Solctatna
68
Ordinance 6~2
¸4)
Any aclcl~t,;nai information as may be reau~re:l lay the Administrative Officer
determine ~f stan0ar0s anO cona~tlons nave Oeen me~.
N.atur_a,l Resource ~Extract~on- Where a site plan is rectuire~l for al~Droval of a zoning permit
for natural resource extraction, accoraing to Section 17.10.340, Natural Resource Extraction,
the site plan shall contain the following actditional Information:
a. An extraction plan drawn to the scale and information reouirecl for the site
including existing topography with not grea(er than 5-foot contour intervals, existing
natural features including clearec~ areas, woo~lecl areas, streams. ~akes, wetlands,
etc., location anct nature of all operations, including excavation area, l~uilclings, and
access that are to be used during the'ext~c_tion phase an~l location ancl cletails of all
landscaping, fencing and other recluirements-'as provided in this zoning coele:
b.
A restoration I:)lan, drawn to the same scale as the extraction Dian. and showing
finished topography with not greater than 5-foot contour intervals, finishect lanclscape
features and future use of the land including the location of houses, parks, roacls.
lakes, etc.' ancl
As an attachment to the I~lan. a narrative statement containing the est~matea amount of
material to be removed from the site, estimatecl length of time to coml:)tete the operation.
methocl of drainage, PrOl~OSea hours of ol~eration, method of fencing cr Dardcac/ina the
site to-~revent casual access. ~le$cnption o~ the operations or processing WhiCh w~il"cake
place on the site during and a~ter the time the material is extractect, metnocl of bacl~fill~ng
and/or rel=lacing topsoil anti plan or program of regracling or reshaping the land for future
use. If the conditional use is at, proved, the representations macle ~n the narrative
statement become binding conditions governing the use.
(Ord. 692 § 1, 1999)
City of Soldotna
69 Orclinance 692
17,10.420 Zoning Permit.
A. Intent, The intent of this section ~s to reauire applicants for tine following uses to receive a
Zoning Permit before [bey proceed with their projects:
1)
3)
4)
Any uses or structures for which the subrnission of an o~f-stree{ parking and luadJng
plan or a landscaping plan is requirecl as an etemen~ of a sire plan'
Temporary Uses;
Conciitionat Uses, inclucling ail conditional uses cited wiihin the zoning clistricts ancl
conditional use approvals recluirect for ptannecl unit develoaments, the Kenal River
Overlay District, unlisted uses. and natural resource extractions' and
Vadances.
B., Procedures. The following proceaures shall be t:oilowect for sul3miss~on, review, and approval of
a Zoning Permit application:
I) Pre-A_pplication Meeting- Before submitting an application for a Zoning Permit, the
applicant snail meet wi[h the Administrative Officer ~n a pre.apD~ication meeting and
provide such information as ~s necessary to explain the proposect proiect. At the
pre.application meeting tl3e Administrative Officer shall;
a. Review the applicant's proposal;
b." Inform the applicant regarding the recluirements of this cocie wn~ci~ aDply to
the proposal, including what adclitional information will be recluired with the
aPl:)lication or may De waive~l. The addition or waiver of information does
not preclude the Commission from requesting additional information ancl/or
waiving information at a future time in the review process: ancl
c. Provicte preliminary advice to the applicant regarcling the conformity of the
proposal to the requirements of this zoning cocle,
2) Pre-Applicat, i0.n Meetinq Waiver- The pre-application meeting may be waived where
the Administrative Officer cletermines that the pm-application meeting would not
materially aid the expeclitious processing of the application.
3)
A_t:)_p_lication- The applicant for a Zoning Permit shall preoare and submit an
application, along with the appropriate fees, on forms oDl:ainecl ~hrougn the
Administrative Officer. The application stlall inclucle a s~te l~:an thai contains a~ [he
informa£ion 'rec!u~recl ~n Sec[ion 17,10.415, Site Plan Review. ancl the following'
a. A precise clescnption, presentation o1' facts, an(/ explanation of
circumstsnces of the applicant's request, ancl ~n the case of a variance, the
specific section anct sul3section of this zoning cocte from which tine applicant
is seeking relief;
b. A description of how the applicant will comply with the required stanclarOs,
any re~luested waivers or modifications from recluired stanclarcls for an off-
street parking and loading plan or landscaping plan. ancl any special
cor~ditions the applicant is willing to accept to mitigate any negative effects
to the puotic health safety ancl welfare'
Any aaclitionat information as may be required by the Aclministrabve Ol~ficer
to cletermine if standards and conditions have been met: and
Certification by the Borough Finance Departmen~ ~n a Tax Compl~ance
Certificate that the acpiicant is current ~n the payment of any sales tax to the
City or Borough.
de
4)
Administrativ_e...E. eview and Action- Where the application is for aoproval of an off-street
parking and loading plan, landscaping plan, or temporary use, the Administrative Officer
may take one of the following actions:
a. Approve the application upon finding tl~at it meets all of the applical:te
general and specific standards associated with the application'
City of Soldotna 70 Ordinance 692
ADorove the al:)lDl~cat~on ~f ~t is for an off-street Dart(ino ancl loading plan o' a
tanosca!3mg plan that requests a waiver or mooificat;'on from the aDD~rca~e
specific sr, anclarcis, after finding that SUCh wa,var or
sul3stantially complies w~[n tl~e old, actives of the sDecific stanOarc3s
addressed and comDties w~th the in£ent anO general stanelards of
applicable sections of the zoning code; or
Re[er the aPplication to tl~e Commrssion altl~ough the al:)Dlication ~s
otherwise eligible for aclministrative review Out I~as been cletermined by tl~e
Administrative Officer to involve unique circumstances.
_C~mmissi~_n_ R_eview anOAD~mv..al.
following:
The CommissiOn shall review and may approve the
b.
An application which is otherwise eligible for administrative review but has
been referred to the Commission accorcling to the proce0ures in subsection
4.c, above; and
An application for a conditional use or a variance, in which case a pul31ic
13earing shall be held in accorclance wil:h Section 17.10 425, Public
Hearings. '
ADDrOval of Modifications after Zoning Permit Granted Any moclification from the terms
and conditions of the Zoning Permit approval sl~all r~quire apl3rovat from either the
Administrative Officer or the Commission, wnicl~ever gave Initial approval, prior to the
modification being undertaken. For each and every violation o~ the I~rovisions of this section.
the owner, agent, or contractor of a buJiding or I~remises wl~ere such violations t~ave I:)een
committed or shall exist, or any other person who maintains any bullcling or t3remfses sn
which any violation exists, shall be sul3ject to a civil penalty in an amount up to $1.000 Eact~
anti even/ day that such violation continues snail be deemecl a sel3arate and d~stmct
violation. All remedies ancl penalties I:)rov~ded for in this section or code shall be cumulative
and not exclusive.
(Ord. 692 § 1, 1999)
City of Soldotna
71
Ordinance 692
17.10.455 Fees.
,,,
A, ;~on~q Permit Ap~31ication._ The following fees snail be paid with the submission of a Zoning
Permit Application:
1) Pre-application Review: All applications for Zoning Permits unless wa~vea -
First review free; all reviews tl~ereafter $25 00
2) Administrative Review, Administrative Referral to Commission
(No Hearing)
a. Plannect Unit Developmenm (includes Site Plan Review) $300.00
b. Site Plans for Off-Street Parl(lng ancl Landscaping $50.00
c. Temporary Uses $50.00
3) Plat Reviews, First review free; ail reviews thereafter $25.00
4) Commission Review (Hearing Requirecl) $250.00
a. Conditional Uses
b. Variances
c. Natural Resource Extraction
B. Amendments~ ADI3eats. The following fees shall be paid with the sul3mlssion of an aDplicat[on
for a Zoning Code Amenament or an Administrative AD~eai:
1 ) Rezone At313ticat~ons $250.00
2) Appeals -' $250 ao
(Ord. 692 § 1 1999)
City of Solclotna
78 Ordinance 692
City of- Soldotna
177 ~'orth Birch ® Soldotn~, Alaska 99669
Phone: (907) 262-9107
Application and Site Plan Permit for KROD
Owners Name:
'Mailing Address:
'SUbclivtslo'ni '" Lot: '"
'Physical Address of Project:
C~ntrac'{srs Name:
'C~'ontactors Mailing Address:
· i ·
Addition.___
Descnbea Work Proposecl:
i
Alteration_.__
Tax Parcel No.:
i
BlocK:
Phone No:
Phone No:
Relocation
ixPlease attach site plan for the praposea project, drawn
at scale of 50 fee~ to the inch.
_
1. Date, North Point ancl Scale;
2. Dimensions of all property lines;
· Location and dimensions of all proposed and isting structures;
. Location of all drives, parking areas, snow storage
rets, streets, alleys sidewalks, walls, fences and
equired landscaping;
5. Size and location of all existing and proposed public
and private utilities:
6. Method of storm water runoff;,
7. Legal Description of the property;
8. Name address ancl phone number;
Square footage of Lot:
Square footage of Building:
Required Parking Spaces;
Sale Tax Compliance Certificate:
Signature of Owner:
Date:
Signature ot Contractor:
Date:
Application Accepted By:
Scheduled for Planning Commission action on:
Action Taken As Follows:
t77 North Bir:h 0 $ol:io~=a, Ala~ka 99669 ~ Ph.~n~: (907) 252-9107
SALE..~ TAX COMP.LI~NCE CERTIFICATION.
THIS FORM MUST BE suBMII'r'ED TO THE KENAI PENINSULA BOROUGH
FINANCE DEPARTMENT LOCATED A T f44 NORTH BINKLEY, $OLDOTNA, ALASKA g96'~9
PAX NO, 262.8623
DATE RECEIVED BY KPB .
PERMIT~ARIANCE;
BUSINESS NAME:
an~llor
OWNER(S) NAME:
A. INDIVIDUAL
B. CORPORATION_
C. PARTNERSHIP
Business Mailing Address:
Telephone Number:.
Fax Number:. ,
As a business or Individual. have you ever conducted business within the Kenat Peninsula Borough?
YES NO (If yes, please supply the following account numbers anti sign below. If no, please sign
__
below.
Soldotna Municipal Cede of Ordinances (per Ordinance No. 534) requires that businesses or individuals wishing to
ot3taln any building permit, site plan approval, conditional use permit or variance be in compilance with Borough
Sales Tax provisions. No building permit will be issued te any Individual or business who Is found to be in violation of
I,he Borough Code of Sales Tax Ordinance.
SALES TAX ACCOUNTS/STATUS
DO NOT WRITE IN BOX
ACCT. # BUSINESS/OWNER NAME FILED THRU M/F'S BALANCE DUE IN COMPLIANCE
YES NO
YES NO
_
YES _ NO
YES ,,. NO
YES ,, NO__
I ......_ , the__
- (signature) (Title)
hereby certify that to the t=est of my knowledge, the above Information is correct, [~te "
. .... ·
(:1'O BE COMPLETED aY B(~ROUGI~ PER~0~INEL) I h~reby certify to the best of my knowledge the
above business is:
A.
IN COMPLIANCE WITH ALL BOROUGH SALES TAX PROVISIONS.
NOT IN CC.,MPLIANCE WITH ALL EOROUGH SALES TAX PROVISIONS.
t(Signature Require=) Date
_ Kenat Peninsu. ta Borough_ F;nance D.e.0anme_n_t .....
KENAI. ALASKA
210 Fidalgo Avenue. Kenai. Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
MEMORANDUM
_
TO' Mayor Williams and City CouncilMj;',mbers
FROM' Linda L. Snow, City Manager
DATE' August 15, 2003
RE: KPBC 21.18 Anadromous Streams Habitat Protection
The Administration was asked to provide further information about the Borough Code chapter
referenced above. Specifically, we were asked what types of activities may be required to
administer this chapter of the Borough Code in the event the City of Kenai undertakes the
administration and enforcement of this chapter as prescribed by KPBC 21.18.100 Administration
by cities--Delegation---Legal Proceedings.
While the Administration is still in the initial stages of inquiry, John Mohorcich, KPB River
Center Coordinator, provided the attached documents to me. Attachment A is a spreadsheet of
permits (by type and number) issued within the city limits of Kenai since 1996. Attachment B is
the Multi-Agency Permit Packet, which is distributed to the public from the Kenai River Center.
Attachment C is a letter describing the Borough's cost share program for persons with eligible
projects for bank restoration and protection. This is an incentive program, which combines funds
from the State Department ofFish & Game, the Federal Wildlife Refuge, and others (KPB,
KRSA, NOAA, etc.) Mr. Mohorcich has indicated that he will attend the August 22"~ Council
meeting with additional information and to answer any questions you may have.
It is my understanding that the City of Soldoma, in conformance with KPB 21.18.100, has
instituted a 100' habitat protection area, which overlays the Borou~h's 50', and which they
admimster in their Planning Department by use of a one-page forn~ distributed at both their
offices and the River Center. This allows Soldotna to track and monitor the permits within their
city limits.
Since the administration of this would fall to the Planning Department, I have talked with
Planner Marilyn Kebschull, and we will continue to gather information as requested by Council.
Li. nda Snow
From- Mohorcich, John [JMohorcich@borough.kenai.ak.us]
Sent: Friday, August 15, 2003 11:08 AM
To' Linda Snow
Subject: KRC - KPB Permits Issued in City Limits
JG CITY OF KENAI
3.,:s Linda - here's a spread sheet of permit_s_.issued by year.
The cocle 70 - identifies a permit for an allowat:}le activity as defined in
KPB 21.18.070
The cocle 80 - identifies a permit for a conditional use permit as defined in KPB 21.18.080 (a
varience to the code)
The cocle 90 - identifies a permit for a prior existing acitivity or
structure as clefinecl in KPB 21.18.090
Hope this helps.- John M
<<JG CITY OF KENAI 3.xls>>
HPFINDAT by Year
1996
1997
1998
1999
2000
HPAUTH
PARCELNO HPFINDAT HPREWR
70 049-060-07 03-Jun-96 KB
70 049-390-28 24-Jun-96 KB
70 Count 2
90 049-120-45 07-Oct-96 KB
90 Count ~- I
047-093-05 20-Feb-97 KB
049-101-02 10-Jan-97 KB
70 049-100-15 15-Dec-97 KB
70 049-390-07 21-May-97'-~B
70 049-390-08 10-Jul-97 KB
70 049-390-09 20-Jan-97 KB
70 049-390-09 12-May-97 KB
70 049-390-10 16-Dec-97 KB
70 049-390-18 31-Mar-97 KB
70 049-390-20 24-Jun-97 KB
70 Count 8
70 049-014-01 05-Aug-98 JM
70 049-120-42 29-Jun-98 JM
70 049-120-44 19-Jun-98 JM
70 049-261-30 03-Aug-98 JM
70 049-370-11 01-Jun-98 JM
70 049-390-08 29-Jun-98 JM
70 049-390-08 13-Oct-98 JM
70 049-390-09 22-May-98 JM
70 049-390-10 06-May-98 JM
70 049-390-22 19-Jun-98 JM
70 049-390-28 21-Apr-98 JM
70 049-390-32 08-Apr-98 JM
70 049-450-03 22-Jun-98 JM
70 Count 13
70
70 Count
70
70
70
70
049-261-11 05-May-99 JM
049-390-17 14-Jul-99 JM
049-430-12 22-Jul-99 JM
1
049-261-10 27-Dec-00 JC
049-310-10 18-Sep-00 JM
049-370-11 08-Mar-00 JM
049-370-11 25-Apr-00 JM
2001
2002
2003
70
70
70 Count
70
70
70
70
70
70
70
70 Count
70
70
70
70
70
70 Count
80
80 Count
90
90 Count
70
70
70
70 Count
Grand Count
049-370-11
049-390-4O
049-261-10
049-261-31
049-370-11
049-370-11
049-390-52
049-430-12
049-430-12
049-390-21
049-101-06
049-370-11
049-390-08
049-390-17
049-430-02
049-390-10
049-390-31
049-100-16
049-390-52
049-370-11
049-390-08
049-390-17
10-Oct-00 JM
12-May-00 JM
02-Nov-01 JC
31-Aug-01 JM
21-Feb-01 JM
23-Oct-01 JM
24-Apr-01 J M
21-Jun-01 JM
19-Dec-01 JM
7
17-Aug-02 JC
17-Sep-02 JC
29-Apr-02 JM
10-Sep-02 JM
09-Jul-02 JM
05-Mar-02 JM
5
02-Aug-02 JM
1
25-Jun-02 JM
1
10-Mar-03 JM
01-May-03 JM
17-Mar-03 JM
02-May-03 JC
24-Mar-03 JM
3
55
Multi-Agency
Permit Packet
C E N T E R.
This Packet Contains:
,/Kenai River Center Multi-Agency Permit Application
Coastal Project Questionnaire & Certification Statement
Site Plan Instructions & Checklist with Examples
Directions:
Please answer all questions completely. If a question does not pertain to your
activity, write "N/A".
Project drawings and descriptions are an important part of your application.
Please draw carefully and be sure to include the information outlined in the Site
Plan Cheek List. Site plan examples and paper are provided.
Complete applications generally take 30 days to process; be sure to plan your
projects accordingly.
All-activities or projects that cantilever over or extend into the waters of the
Kenai River require a Park Use Permit. A $50 non-refundable application fee
payable to the State of Alaska is required for all Park Use Permits.
-- Some projects within the 50-foot habitat protection area may require a
conditional use permit subject to approval by the Kenai Peninsula Borough
Planning Commission. As part of this process, property owners within a 300-
foot radius of the activity or project are notified by mail.
-- Certain habitat protection projects may qualify for a tax credit and/or tax
exemption.
RETURN COMPLETED PE~RMIT APPLICATIONS TO:
KENAI RIVER CENTER
514 FUNNY RIVER ROAD
SOLDoTNA, AK 99669
FOR MORE INFO~ATION, PHONE (907) 260-4882 OR
FAX (907) 260-5992
Multi-Agency
Permit Application
C ~ N T ~ ~
NOTE.
Aot>licant Information-
_ _
Name:
Mailing Address:
City, State, Zip:
Phone (home/work):
Fax & E-marl:
YOU MIGHT BE CONTACTED BY AN AGENCY REQUESTING
FURTHER INFORMATION ON YOUR APPLICATION.
p,arcel Information:
Lot:._.._ Block Subdivision
Pdver/S trearn Name:
River Mile '__.__ Right 12 or Left 12 bank? (Looking
down-stream)
KPB Parcel ti:
Cell Phone:
P,!,ease complete,the followine:
1) The project is located within the city limits of: Soldotna E] Kenai El Neither E]
2) This project is located withia Moose Range Meadows Subdivision, within the KNWR? Yes El No E]
If yes, is the project withia one or both of: - the variable non-development easement? Yes El No E] Not SureEl
- the 25-foot public use easement? Yes ~ No ~ Not SureE]
3) The project is located within 50-feet of the ordinaxy high water (OHW} or mean high water (MHW) of an anadromous stream? Yes El No El Not sure where OHW or MHW line is E]
4) Does any pomon of the project cantilever or extend ov the OHW or MHW of the stream?
Yes ~ No El Not sure where OHW or MHW line is E]
5) Does any pomon of the project extend below the OHW or MHW line of the stream? Yes El No El Not sure where OHW or MHW line is E]
6) Does this project replace a prior existing structure? Yes E] No E]
7) Will material be extracted or dredged from the floodplaia or river bed? Yes El No E~ If yes, what type?
8) Will material (including spoils, debris, or overburden) be deposited m the floodplain or river'?
Yes, temporarily U How long?
If yes, what type of material is it?
Where in the stream will the material be deposited?
9a) List all motorized equipment to be used on this project:
Yes, permanently E] No E]
Amount:
9b) What motorized equipment will be used below OHW or MHW?
KRC: PAGE 1
06/02/03
Multi-Agency Permit Application-.-., Page 2
9c) Length of time motorized equipment will be used below OHW?
9d) Length of time motorized equipment will be used above OHW?
10) Directions to the site:
11) Surface area in acres of wetlands or other waters filled:
12) Is any portion of the work already complete? Yes No -..._ IfYes, describe the completed work:
13) Addresses of Adjoining Property Owners, Lessees, etc., whose property adjoins the waterbody (If more than can be
entered here, please attach a supplemental list).~
X
SIGNATURE OF APPLICANT
DATE
STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of
this application and to furnish, upon request,, information in support of this pcmut application. Application is hereby
made for a permit or permits to authorize the work described in this application. I certify.that the information in this
application is complete and accurate. I further certify that I possess the authority, to undertake the work described herein
or am acting as the duly authorized agent of the applicant.
SIGNATURE OF AGENT DATE --
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the
United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or
makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document
knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fir(ed not more than $ I 0.000 or
imprisoned not more than five vears or both. "
KR.C: PAGE 2
06/02/03
Site Plan Instructions
& Checklist
C E N T E. P.
Directions:
Print your name, date of drawing, the number of the sheet and total number of
sheets in the set (e.g. Sheet 1 of 2).
Indicate the scale of your drawing and show a North arrow.
not be the same for every drawing.
The scale need
Submit one original set of drawings on 8 ½ x 11 paper. Provide as much detail
as you can; however, please submit the fewest number of sheets necessary to
adequately show the proposed activity.
The TOP VIEW drawing should show your project in relation to:
* the distance from ordinary (or mean) high water of the stream;
* property lines and any adjacent streets by name;
* any nearby structures, such as houses, outbuildings, fences, etc.;
* any easements and/or location of any nearby utilities.
The ELEVATION OR SIDE VIEW drawing should show your project in
relation to:
* the distance from ordinary. (or mean) high water of the stream;
* elevations above ground level.
--- Be sure to include all dimensions and types of materials used on the project.
-- Since the drawings will be photocopied, color shading may not be used.
Instead, use dot shading, cross-hatching, or similar graphic symbols.
PLEASE SEE EXAMPLES ON BACK
To whom it may concern,
The Kenai Peninsula Borough, Kenai River Center is receiving information on future
proposals for cooperative bank restoration and protection projects along rivers in the
borough.
The intent of this letter is to describe the process and establish a list of interested parties to
be considered in the program. If you sign and return this letter to the Kenai River
Center, your name and address will be entered into our database and all of the
necessary applications will be mailed to you when we have confirmed funding
availability. Please complete page two of this letter as completely as possible and return
the packet to the Kenai River Center.
A complete application packet will be mailed to you that will be required for
permitting the project. The packet will include-
ACMP- Coastal Project Questionnaire (REQUIRED)
The Kenai River Center multi-agency permit 'application (REQUIRED)
A written description of the project as you envision it (REQUIRED)
Side view and top view drawings of your project, including such things as
property boundaries, location of existing and proposed structures,
dimensions of new structures, types of materials to be used, kinds of plants
to be used in revegetation and the ordinary high water mark. (REQUIRED).
Estimate of material and labor cost of the proposed proiect (REQUIRED)
Photographs of your property riverfront (Optional, but helpful)
After we receive the completed application packet, a coordinated agency review of your
project will occur. Department staff will set up a field inspection and a consultation
meeting with you to discuss your project, various alternatives, project scheduling, and
suggested plan revisions to optimize restoration efforts.
If your project is chosen as part of this program, a Cooperative Agreement will be signed.
Once the Cooperative-Agreement is signed, then the same application packet, drawings
and project description that you submitted will be used in the normal agencies permit
review. Most permits can be issued within 30 days of both the applicant and the Service
.signature of the Cooperative Agreement. No purchase of project materials or
construction may occur under this funding until the Cooperative Agreement is
signed by both parties and all applicable permits have been issued.
You have expressed an interest in applying for a joint restoration matching funds program
(the "Program") for a bank restoration, bank stabilization, or river access project on your
property adjacent to a river. Projects will be selected based on their value in restoring,
protecting or promoting fish habitat. Projects must use methods or technologies that not
only provide for bank stabilization and rehabilitation but also protect or improve fish ancl
wiidlifo habitat. Examples of successful projects include, but are not limited to: bank
stabilization techniques, including rootwads, bio-engineered banks and cable spruce trees;
construction of light-penetrating access structures such as boardwalks, decks and
stairways; protection of existing bank vegetation; revegetation of eroded banks; and the
removal of structures detrimental to salmon habitat such as jetties and bulkheads.
If you would like your project to be considered* under this funding, please sign and
return this letter to the Kenai River Center, 5~4 Funny River Road, Soldotna, AK
99669, cio John Czarnezki. If you have any questions please call John Czamezki (907)
260-4882.
John J. Mohorcich
Kenai River Center Coordinator
Kenai Peninsula Borough
i am interested in 'tl~ cooperative bank restoration program ~r~l in obiai;lir~ ~t~l~i~l'
funds for the restoration/access project as described above.
Applicant Signature
Date Pdnted Name
Instate Address:
Out o f Statc Address:
Street Address
Street Address
City, State & Zip
Ci'ty; State & Zip
Phone Pt~one
E-mail address:
KPB Parcel #:
Name of River:
Lot #, Block # & Subdivision'
The following is a list of the types of projects that we have handouts that we can send you
to assist you in designing your project, please check the ones that you would like
additional information on and we will send them in your application packet.
Elevated Light Penetrating Waikways,
Decks and Stairs
Spruce Tree Revetments
Vegetated Cribbing
Hedge Brush Layering
Brush Layering
Coir Logs
Live Siltation
Dormant'Willow Cuttings
Live Willow Staking
Live Bundles (Fascines)
Grass Rolls
Rootwads
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
AUGUST 6, 2003
7:00 P.M.
KENAI CITY COUNCIL CHAMBEI~
http://www, ci.kenai, ak.u s
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
SCHEDULED PUBLIC COMMENTS (10 minutes)
,
F. DeWayne Craig-- Yearly Application for Excavation in the Right-of-
Way (KMC 18.20)
.
Kenai Fire Department -- Automatic External Defibrillator (AED)
Information and Demonstration.
.
Lorraine Clare -- Dip Net Concerns/South Side Beach.
ITEM C:
REPORTS OF KPB ASSEMBLY, LEGISLATO~ A~ COUNC~
ITEM D:
PUBLIC HEARINGS
Resolution No. 2003-39 -- Authoriz~g the Use of the Equipment
Replacement Fund to Purchase an Ambulance.
Resolution No. 2003-40 -- Transferring $6,500 From Contingency to
Repair and Maintenance in the Airport Terminal Enterprise Fund.
ITEM E:
COMMISSION/COMMITTEE REPORTS
,
2.
3.
4.
5.
6.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
.
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention & Visitors Bureau Board
c. Alaska Municipal League Report
d. Kenai Chamber of Commerce
e. Arctic Winter Games
ITEM F:
MINUTES
lo
*Regular Meeting of July 16, 2003.
ITEM G:
CORRESPO~ENCE
ITEM H:
ITEM I:
OLD BUSINESS
Discussion -- Policy Options / Kenai Recreation Center
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
o
*Ordinance No. 2009-2003 -- Approving and Adopting the
Comprehensive Plan for the City of Kenai and Recommending Adoption
by the Kenai Peninsula Borough.
.
*Ordinance No. 2010-2003 -- Increasing Estimated Revenues and
Appropriations by $35,000 in the Airport Terminal Enterprise Fund to
Replace Borers.
Se
ITEM J:
*Ordinance No. 2011-2003 -- Increasing Estimated Revenues and
Appropriations by $6,000 in the Airport Terminal Enterprise Fund for
Handicap Lift Modifications.
Discussion -- Kenai Peninsula Borough/Kenai River Protection Area
Ordinance -- 50 Foot Setback.
REPORT OF THE MAYOR
ITEM K:
ADMINISTRATION REPORTS
.
City Manager
Attorney
City Clerk
ITEM L:
DISCUSSION
.
Citizens (five minutes)
Council
,,EXECUTIVE SESSION -- None scheduled.
ITEM M:
ADJOURNMENT
AGENDA
KENAI CITY ¢OUI/CIL- RF.~UIAR MEETING
AUGUST 20, 2003
7:00 P.M.
KEI~AI CITY COUI/CIL CHAMBERS
http' //www. ci.kenai.ak, us
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*AU items listed with an asterisk {*) are considered to be routine and non-
controversial by the council and w/Il be approved by one motion. There w/Il 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)
Brandl O'Reagan, Tobacco Control A~~ce -- Advertising of City
Smoking Ordinance. ~
ITEM C:
REPORTS OF KPB ASSEMBLY, LEGISLATORS AND_ COUNC__H.S
ITEM D:
, ,
PUBLIC HEARINGS
Ordinance No. 2009-2003 (First PubUc Hearing) -- Approv/ng and
Adopting the Comprehensive Plan for the City of Kenai and
Recommending Adoption by the Kenai Peninsula Borough.
e
Ordinance No. 2010-2003 -- Increasing Estimated Revenues and
Appropriations by $35,000 in the Airport Terminal Enterprise Fund to
Replace Boilers.
Ordinance No. 2011-2003 -- Increasing Estimated Revenues and
Appropriations by $6,000 in the Airport TermmE Enterprise Fund for
Handicap Lift Modifications.
Resolution No. 2003-41 -- Awarding a Contract to United Fire Service,
Inc. for a Ford F-450 Ambulance for the Total Amount of $19.6,590.
Resolution No. 2003-42 -- Authorizing an Application and Acceptance
of a Federal Grant for the City of Kenai Planning Department to Attend
Section 106 Training.
Resolution No. 2003-43 -- Awarding the Bid to Preferred Plumbing &
Heating for Kenm Airport Boiler Replacement and Heating System
Upgrade - 2003 for the Total Amount of $30,850.
.
ITEM E:
*NEW LIQUOR LICENSE
a. Morgan Family Limited Parmership, d/b/a Kenai Golf
Course/Golf Course License-- Seasonal.
b. Morgan Family Limited Partnership, d/b/a Kena/Golf Course --
Restaurant Designation Permit
COMMISSION/COMMI~EE REPORTS
.
2.
3.
4.
5.
6.
7.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a,
Beautification Committee
Kenai Convention & Visitors Bureau Board
Alaska Municipal League Report
Kenai Chamber of Commerce
Arctic Winter Games
ITEM F:
MINUTES
lo
*Regular Meeting of August 6, 2003.
ITEM G:
CORRES~~ENCE
ITEM H:
ITEM I:
,
OLD BUSINESS
Discussion -- Kenai Peninsula Borough/Kenai River Protection Area
Ordinance-- 50 Foot Setback.
NEW BUSINESS
Bills to be Paid, Bills to be Rat/fled
Purchase Orders Exceeding $2,500
,
*Ordinance No. 2012-2003 --Amending KMC 7.15.050 to Better
Describe and Clarify the Meaning of "Contractual Services of a
Professional Nature."
,
*Ordinance No. 2013-2003 -- Increasing Estimated Revenues and
Appropriations by $1,056,207 for Airport Grants.
ITEM J:
Discussion -- Kenai Watershed Forum/Request for Resolution of
Support for Water Quality Momtor/ng of the Kena/River Watershed.
Approval-- Renewal/Revision of Special Use Permit-- Yukon Fuel
REPORT OF THE MAYOR
ITEM K:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION - Evaluation of City Manager.
ITEM M:
ADJOURNMENT