HomeMy WebLinkAbout2005-06-06 Harbor Commission PacketKENAI HARBOR COMMISSION MEETING
JUNE 6, 2005
CITY CLERK CONFERENCE ROOM
7:00 P.M.
AGENDA
ITEM 1-
CALL TO ORDER/k ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3:
APPROVAL OF MEETING SUMMARY -- May 9, 2005
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
ITEM 5:
OLD BUSINESS
ITEM 6:
NSW BUSINSSS
ITEM 7:
REPORTS
ao
Director
Dock Foreman
City Council Liaison
ITEM 8:
COMMISSIONER COMMENTS/Q~IONS
ITEM
PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10:
INFORMATION
ae
Kenai City Council Action Agendas of May 4 and 18, 2005.
Dock Rate Schedule, May 26, 2005.
5/13/05 Kenai River Center letter re: Conditional Use Permit for
Expanding the City's Boat Launch.
ITEM 11:
ADJOURNMENT
PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO
ATTENb THE MEETING:
CAROL-- 283-8231
KEi'TH-- 283-8232
OR,
KENAI HARBOR COMMISSION MEETING
MAY 9, 2005
CITY CLERK CONFERENCE ROOM
7:00 P.M.
AGENDA
ITEM 1'
CALL TO ORDER/k ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3:
APPROVAL OF MEETING SUMMARY-- March 7, 2005
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
ITEM 5:
OLD BUSINESS
Discussion -- Kenai River bluff Erosion Study/Project Status Report
ITEM
NEW BUSINESS
Discussion -- New Boat Launches/Kenai City Dock
ITEM 7:
REPORTS
Director
Dock Foreman
City Council Liaison
ITEM 8:
COMMISSIONER COMMENTS/QUESTIONS
ITEM
PERSONS NOT SCHEDULED TO BE~H~~,
ITEM 10:
INFORMATION
Ce
de
Kenai City Council Action Agendas of April 6 and 20, 2005.
Kenai River Center Notice -- Floating Facilities/Floating Docks, Kenai
River -- Willi~ Bryant.
U.S. Army Corps of Engineers, Public Notice of Application for Permit --
Winston Gillies, Mooring Buoy on Kenai River.
4/28/05 City of Kenai Dock Rate Schedule.
Kenai River Center Project Tracking -- Michael Blair/Floating
Facilities/Floating Docks.
ITEM 11:
ADJOURNMENT
KENAI HARBOR COMMISSION MEETING
MAY 9, 2005
CITY CLERK CONFERENCE ROOM
7:00 P.M.
CHAIR TOM THOMPSON~ PRESIDING
MEETING SUMMARY
ITEM 1'
CALL TO ORDER/t~ ROLL CALL
Chair Thompson called the meeting to order at 7'00 p.m.
follows:
Roll was confirmed as
Commissioners present'
Commissioners absent:
'Others present'
B. Eldridge, G. Foster, J. Barrett, T. Thompson
P. Barrett, S. Romain
Public Works Manager K. Komelis and Council Member Cliff
Massie
ITEM 2:
AGENDA APPROVAL
Chair Thompson requested the following items be added to the meeting packet:
ADD TO:
_
Item 6a, New Boat Launches/Kenai City Dock--
~ Resolution No. 2005-17, awarding the lease for Kenai Dock
Stations No. 2 & 3 to Copper River Seafoods.
· KPB Planning Commission Resolution 2005-14, granting approval
of a conditional use permit to construct an expansion to a public
boat launch within the Kenai River.
MOTION:
Commissioner J. Barrett MOVED to approval of the agenda with the additional
information included and Commissioner Foster SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 3:
APPROVAL OF MEETING SUMMARY-- March 7, 2005
MOTION:
Commissioner d. Barrett MOVED to approve the meeting summary of March 7, 2005
and Commissioner Eldridge SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4:
pERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5:
OLD BUSINESS
Discussion-- Kenai River bluff Erosion Study/Project Status Report
Public Works Manager Komelis reviewed the April 20, 2005 letter from the Corps of
Engineers which was included in the packet. A brief discussion took place and
comments included'
·
·
design.
Komelis).
The design phase is not part of the next $500,000.
Petratrovich, Nottingham & Drage work was a concept and not part of the
The wetland appraisal was received, but has not yet been reviewed (by
ITEM 6:
NEW BUSINESS
Discussion -- New Boat Launches/Kenai City Dock
Komelis reported the following:
· Wm. J. Nelson & Associates, Inc. will represent the city at the Kenai
Peninsula Borough Planning Commission to answer any questions related to the city's
conditional use permit application for the boat launch.
· Council passed-Resolution No. 2005-17, awarding the bid for Dock
Stations 2 and 3 to Copper River Seafoods of Anchorage.
· City of Kenai operates Station 1 at the dock.
· Reviewed KPB Planning Commission Resolution 2005-14.
ITEM 7: REPORTS
7-a. Director -- Komelis reported the dock was open, the fuel system was
working, and the floats would be placed in the next few days.
Dock Foreman -- No report.
7-c. City Council Liaison -- Council Member Massie reported the following:
· The draft budget indicates a $500,000 shortfall.
· Council was pleased with the bids for the dock leases.
· The Planning & Zoning Commission will be holding a public hearing on
rezoning of Lawton Acres from Conservation to Limited Commercial Zone.
· He was disappointed permanent restrooms to be placed at the north and
south beaches were not included in the draft budget.
ITEM 8:
COMMISSIONER COMMENTS/OUESTIONS
Eldrldge stated he believed the city should use funds raised through the dip net
fishery for dip net improvements.
Questions were asked regarding the rate schedule and Komelis noted the fuel costs
changed and how the fuel charge is derived.
MOTION:
HARBOR COMMISSION MEETING
MAY 9, 2005
PAGE 2
Commissioner Eldridge MOVED to recommend the city install one permanent rest_room
before this year's dip net season on the north side of the Kenai River {South Spruce)
using excess funds received from dip net season last year. Commissioner J. Barrett
SECONDED the motion. There were no objections. SO ORDERED.
Eldridge stated he thought City Manager Snow should ask for additional information
on the second $500,000 for the bluff erosion project and request the wording be
changed to include design work.
ITEM 9:
PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 10:
INFORMATION
10=a.
10-b.
lO-c.
10-d.
10-e.
Kenai City Council Action Agendas of April 6 and 20, 2005.
Kenai River Center Notice -- Floating Facilities/Floating Docks, Kenai
River -- William Bryant.
U.S. Army Corps of Engineers, Public Notice of Application for Permit --
Winston Gillies, Mooring Buoy on Kenai River.
4/28 / 05 City of Kenai Dock Rate Schedule.
Kenai River Center Project Tracking-- Michael Blair/Floating
Facilities/Floating Docks.
ITEM 11:
MOTION:
ADJOURNMENT
Commissioner Eldridge MOVED for adjournment and Commissioner Foster
SECONDED the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:45 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
HARBOR COMMISSION MEETING
MAY 9, 2005
PAGE 3
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
MAY 4, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http' / / www. ci.kena~i.ak, us
I__TEM 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 counciI 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.
I_TEM B:
,
I_'rEM C:
I_TEM D:
I__TEM E:
I~TEM F:
o
.
,
SCHEDULED PUBLIC COMMENTS (10 minutes)
Josie Hudson -- President, American Legion Auxilli~ -- Poppy Week
_Proclamation _ ,
~UNSCHED~EO PURLIC CO _MMm__ .NT~.__ (3 minutes}
BOARD AND KENAI CHAMBER OF COMMERCE
PUBLIC HRA_ ~ _rN'G~
Ordinance No. 2087-2005 {Substitute[ -- Amending KMC 23.40.030(f)
to Change the Amount of Leave Time an Employee Who Works the
Equivalent of a 56-Hour Work Week Must Take Per Year From 112 Hours
to 84 Hours and Lowering From 80 to 60 Hours Per Year the Amount of
Leave Time that Must be Taken for Employees Working 40 Hours Per
Week. (Postponed from April 20, 2005 meeting.}
Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add
Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus
Operators. (Tabled at April 20, 2005 meeting.)
Ordinance No. 2092-2005 -- Increasing Estimated Revenues and
Appropriations by $25,000 in the Senior Center Kitchen Capital Project.
~~/4/. 4. Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include an
Exemption for Certain State Approved Relative Day Care Providers.
Ordinance No. 2094-2005 --Amen~ng KMC 14.20.320(b) Adding a
Defmir. ion of "Condominium."
Ordinance No. 2095-2005 -- Increasing Estimated Revenues and
Appropriations by $650 for an Increase in Federal Grant for Wetlands
Protect. ion.
Ordinance No. 2096-2005 -- Increasing Estimated Revenues and
Appropriations by $2,740,085 in the Airport Land System Special
Revenue Fund and the Parallel Taxiway Capital Project Fund.
,
Resolution No. 2005-16 -- Expressing Support for KPB Ordinance
2005-19; Repealing KPB 2.56.005 and Enact. lng KPB 2.56.006, Adopting
the 2005 Kenai Peninsula Borough Comprehensive Plan.
Resolution No. 2005-17 -- Awarding a Lease for One Fish Season (May..
15, 2005 to September 30, 2005) of Kenm Dock Stations No. 2 & 3 to
Copper River Seafoods for the Seasonal Base Bid of $38,501 Plus
$0.03/Lb. Over 1,283,367 Lbs. Plus $500 Per Month for a Special Use
Permit for the Boat Storage Area.
Resolution No. 2005-18-- Awarding the Bid to Grace Painting, Inc. for
Kenai Visitors Center Exterior Painting - 2005 for the Total Amount of
$11,070.
11.
Resolution No. 2005-19 -- Transferring $25,500 in the Multipurpose
Facility Capital Project Fund for the Ceiling Insulation and Fire Barrier
Project.
Resolution No. 2005-20-- Awarding the Bid to Chumley's Urethane,
Inc. for the Kenai Multipurpose. Facility Ceiling Insulation & Fire Barrier
- 2005 for the Total Amount of $26,789.24.
Resolution No. 2005-21 -- Accepting the Donation to the City of Kenai
of Tract F, Leo T. Oberts Subdivision, by James A. and Jo Ann Elson.
Resolution No. 2005-22 -- Supporting the Governor's Proposed Use of
the Am_erada Hess Settlement Earnin§s to Improve the State's and
Commumties' Transportation System and Other Capital Improvements.
ITEM G:
MINUT~
,
*Regular Meeting of April 20, 2005.
*Notes of April 11, 2005 Budget Work Session
ITEM H:
OLD BUSINESS,,
.
o
o
ITEM I:
,
,
.
o
ITEM J:
.
2.
3.
4.
5.
6.
7.
Discussion -- Lawton Acres (Continued from 4 / 20 / 05 meeting.)
Approval-- Kenai Golf Course/Amendment to Leases, Parcels A and B
(Increase in Fees and Extension of Expiration Dates} (Continued from
4 / 20 / 05 meeting.)
Approval-- Termination of Kenai Mumcipal Airport Lease/Space 21 -
Fischer and Associates, Inc. (Continued from 4/2/05 meeting.)
NEW BUSINESS
Bills to be Ratified
Approval of Purchase Orders Exceeding $2,500
Ordinance No. 2097-2005-- Increasing Estimated Revenues and
Appropriations by $200,000 in the General Fund and the Multipurpose
Facility Capital Project Fund for Improvements Requested by the Arctic
Winter Games Host Socie .~,.
*Ordinance No. 2098-2005 -- Increasing Est/mated Revenues and
Appropriat/ons by $794 for Library Grants.
*Ordinance No. 2099-2005 -- Amending the Definition of "Parking
Space, Private" in KMC 14.20.320(b) to Exclude Garages and to Require
Such Parking Spaces to be at Least Nine (9} Feet Wide.
*Ordinance No. 2100-2005--Amending KMC 14.20.320(b) to Add a
Definition for "Lot Coverage."
*Ordinance No. 2101-2005-- Increasing Estimated Revenues and
Appropriations by $11,500 in the Street Improvement Capital Project
Fund for a Grant From the U.S. Fish & Wildlife Service for Culvert
Replacement on Boat Launch Road.
Approval-- Consent to Assignment and Release of Leases -- From
Capital Crossing Bank to David and Sheme Arbuckle/Lots 1 and 1-A
Aleyeska Subdivision, Part 3 (Katmai Motel}.
COMMI88ION/CO~~.~,.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
Co
Arctic Winter Games
Stranded Gas Committee
ITEM K:
_
REPORT OF THE MAYOR
ITEM L:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE 8ES$1ON -- Evaluations of City Manager, City Attorney and City Clerk;
and negotiations regarding repurchase of airport property.
ITEM N:
_
ADJOURNMENT
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
MAY 18, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBF, RS
h,ttp' //www. ci.kenai.ak.us
BUDGET WORK SESSION -- 6:00 P.M.
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agencia
*All items listed w/th an asterisk {*) are considered to be routine and non-
controversial by the council and will be approved by one mot/on. 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 a:
SCHEDULED PUBLIC COMMEN4~'( 10 minutes)
.
Proclamation -- Motorcycle Awareness Month
.
Proclamation -- V.F.W. Buddy Poppy Week
.
LarryL. Lewis, Wildlife Techni_e~___~. IH,.. Alash~ Departmentof ~~&
Game-- Long-Term Wildlife Mitigation Efforts on the Kenai Pe~!~-_~u_l,.~
ITEM C:
UNSCHEDULED PUBLIC COMMENT8 (3 minutes}
ITEM D:
REPORTS OF KP_R A_s~_M~Ly, L~-!_.S~_._~TO_I~_S A~_ COUN~~
ITEM E:
RE~RTS OF KENAI CONVENTION & VIS_rTO_I~S _nUlls'AU
BOARD AND KENAI C~:ER OF COMlink_Cra:
ITEM F:
PUBLIC
.
Ordinance No. 2096-2005 -- Increasing Est/mated Revenues and
Appropriations by $2,740,085 in the Airport Land System Spec/al
Revenue Fund and the Parallel Taxiway Capital Project Fund.
{Postponed from May 4, 2005 council meeting.)
Substitute Ordinance No. 2096-2005 -- Increasing Estimated
Revenues and Appropriations by $55,112 in the Airport Land
.
,
,,,
o
ITEM G:
lo
ITEM H_.-
ITEM I:
-o
..
System Special Revenue Fund and $2,204,456 in the Parallel
Taxiwa.v Capital Project Fund.
Ordlmmce No. 2097-2005 -- Increasing Estimated Revenues and
Appropriations by $200,000 in the General Fund and the Multipurpose
Facility Capital Project Fund for Improvements Requested by the Arctic
Winter Games Host Society.
Substitute Ordinance No. 2097-2005 -- Increasing Estimated
Revenues and Appropriations by/1200,000 in the Arctic Winter
Games Improvements Capital Project Fund for Improvements
Requested by the Arctic Winter Games Host Society.
Ordinance No. 2098-2005 -- Increasing Estimated Revenues and
Appropriations by $794 for Library Grants.
Ordinance No. 2099-2005 -- Amending the Definition of "Parking Space,
Private" in KMC_ 14.20.320(b) to Exclude Garages and to Requ/re Such
Parking Spaces to be at Least Nine (9) Feet Wide.
Ordinance No. 2100-2005 -- Amending KMC 14.20.320(b) to Add a
Definition for "Lot Coverage."
Ordlmance No. 2101-2005 -- Increasing Estimated Revenues and
Appropriations by $11,500 in the Street Improvement Capital Project
Fund for a Grant From the U.S. Fish ih Wildlife Serv/ce for Culvert
Replacement on Boat Launch Road.
Resolution No. 2005-1t5 -- Expressing Support for KPB Ordinance
2005-19; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting
the 2005 Kenai Peninsula Borough Comprehensive Plan. {Postponed
from May 4, 2005 meeting.)
Resolution No. 2005-23 -- Approving a Contract to Alaska
Roadbuilders, Inc. for the Project Entitled Kenai Mumcipal Airport
Taxiway Extension - 2005 for the Total Amount of $1,857,976.00.
Liquor License Renewal-- PROT~
Roy Dale Howard, d/b / a Kenai Joe's -- Beverage Dispensary
*Regular Meeting of May 4, 2005.
*May 4, 2005 Budget Work Session Notes
OLD BUSINESS.
NEW BUSINESS
Bills to be Ratified
Approval of Purchase Orders Exceeding $2,500
Ordinance No. 2102-2005 -- Adopting the Annual Budget for the Fiscal
Year Commencing July 1, 2005 and Ending June 30, 2006.
o
*Ordinance No. 2103-2005 -- Amending the Fine Schedule in KMC
13.10.015 by Adding Negligent Driving, Failure to Yield to an Emergency
Vehicle and Violations of Airport Parking Regulations to the List of Minor
Offenses on the Fine Schedule that Can be Disposed of Without a Court
Appearance.
Approval-- Cost of Living Salary Increase/City. Clerk and City. Attorney
Approval -- Arctic winter Games Agreement/Reimbursement of Costs
Related to Multipurpose Facility Upgrades.
7. Approval-- Lot 1, Block 5; Lot 2, Block 2; and, Lot 2, Block 4, General
/~£~/~Aviation Apron.
a. Consents to Assignments -- Robert Bielefeld to Kenai Aviation
Leasing Company, LLC
b. Consents to Subleases -- Kenai Aviauon Leasing Company LLC to
- Kenai Aviation, Inc.
.
ITEM K:
Approval-- Special Use Permit/Kenai Chamber of Commerce -- East
24,500± S.F. Portion Between the East Curbline and East Property Line
of Lot 1, Gusty Subdivision, Addition No. 8.
Approval-- Amendments to Airport Regulations -- Chapter 6.05, Short-
Term and Limited Long-Term Parking.
DiscusMonz2/¥~~...~~-- Proposed. ~,~,~'-~City of
CO~~ION CO~EE ~R~
Coun~ on A~g
~o~ Co~ssion
H~bor Co~ssion
Libr~ Co~ssion
P~ks & Re~ea~on Commission
Plug · ~~g Co~ssion
Misce~~eous Co~ssions ~d CommiRees
a. Beau~cafion Co~~ee
b. ~as~ M~dp~ ~a~e Repo~
c. ~cfic W~ter G~es
d. S~~ded Gas Co~~ee
REPORT OF THE MAYOR
ITEM L:
ADMINISTRATION REPORT~
1. City Manager
2. Attorney
3. City Clerk
ITEM M:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXF~UTIVE SESSION- None Scheduled
ITEM N:
ADJO~NT
CITY OF KENAI- DOCK RATE SCHEDULE
- ~i~a snow, City Manager
May 26, 2005
KENAI HARBOR RATE SCHEDULE
The City Manager shall establish the fees, rates, and charges for the billing and
collections for the support of the harbor. The City Manager reserves the right to
change the rate schedule at any time. There is a 5% sales tax added to the total
invoice (3% City and 2% Borough).
RATE SCHEDULE SUMMARY
1. Product wharfage (w/crane; w/o forklift) $ 0.07lib
Non-product wharfage (ice, nets, staples, etc.) O.04/Ib.
PurChases pUrchases Purchases
Under 500 500 gal. 2000 gal.
Gallons or more or more
2. Fuel Gasoline Regular 2.026 1.976
State Marine Tax .050 .050
Federal Tax .184 .184
Total S/gal. 2.26 2.21
Diesel #2 2.43 2.38 2.33
State Marine Tax .05 .05 .05
Total S/gal. 2.48 2.43 2.38
*NO TE: discounts for volume purchases are for one vessel at a time.
3. Used Oil Dumping $1.00/gal.
4. Boat Launch Ramp 0-10 min. - $15.00
Includes Parking with Trailer Each min. over 10 min. - $1.00/min.
Seasonal pass per boat - $150/season
5. Parking Only
(If with trailer, must pay launch fee) $10.00/da¥ -
Seasonal Pass for Parking $100.00/Season
6. Tie Up Fee A. Skiffs tied to land side of concrete dock $7.00/day
Seasonal Pass per boat $150/season
B. Boats tied to buoy in river $10.00/daY
..7.Forklift w/Operator (1/2-hr. minimum) $50. O0/hr.
8. City Labor Charges for call out (2-hr. min.) $40.00/hr.
I 9. I Other Items
See Dock Manager Prior to Use I
CENTER
514 Funny River Road · Soldotna. Alaska 99669. ~,907) 260-4882 · Fax: (907) 260-5992
May 13, 2005
RECEIVED
MAY Z a I
- CI'I-~' el: KENA~
A 0 M I :",J t ST
......
City of Kenai~.
Linda"Snow¢ City Manager
210 Fidalgo Ave~ Suite 200
Kenai, AK 99611
RE:
KRC # 5672
Conditional Use Permit For Expanding the City's Boat-Launch
Dear Linda:
Attached is the approved Kenai Peninsula Borough Planning Commission
Resolution-2005.14 authorizing the:construction of a two..new:concreteboat:~~
i auncl~.,ramps:and.th~ptacemen~-,1600.squar~;fee~of concrete~pen'celi~b I~
pa vers~o rrc, J3e'exi sti n~~v~-; parkin~ot'withirrt~:B0mug~0-foot-Habitat...- -
Protection Ama~-
Pleas~sign and notarize the document and return a copy to our office. If you~
have any questions please fool free to contact me.
Sincemty;.---
~lohn Mohorcich
Kenai River Center Manager, KPB
Eno.
Alaska Depa~ent of Natural Resources
Division of Parks and Outdoor Recreation
Kenai Peninsula Borough
Planning Department
Alaska Department of Natural Resources
Office of Habitat Management and Permitting
KENAI PENINSULA BOROUGH PLANNING COMMISSION
RESOLUTION 2005-14
KENAI RECORDING DISTRICT
A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT
TO CONSTUCT AN EXPANSION TO A PUBLIC BOAT LAUNCH WITHIN THE KENAI
RIVER
WHEREAS, Chapter 21.18 provides for the approval of Conditional Use Permits
for certain activities which are prohibited within the habitat protection area; and
WHEREAS~ public-notice was sent to~all property owners--~within a300ft:, radius of
the proposed activity; and
WHEREAS, public notice was published in the Peninsula Clarion, Seward
Phoenix Log, and Homer News on May 5, 2005 as provided in Section 21.20.010; and
WHEREAS, public testimony was received at the May 9, 2005 meeting of the
_
Kenai Peninsula Borough Planning Commission; and
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
KENAI PENINSULA BOROUGH'
Section 1. That the Planning Commission makes the following findings of fact pursuant
to Sectiorr~Z1.18.080:
The construction-of two new· 226-feet long by- 16-foot ~ wide concrete boat-launch'~mmps
separated by 8-foot wide wood-framed dock floats and the placement on the uplands
1600 square-feet of concrete open cell block pavers on the existing gravel parking lot is
not an allowable activity as defined by KPB21.18.070 and requires a conditional use
permit.
Section ...... 2. That-: the: Planning Commission*' find-'- th~.' proposed~ activity~..meet~: the
requirements of KPB 21.18 so long as it is conducted in accordance with the.conditions
of this resolution and as described below.
The approved activity shall be conducted as follows: The project location is adjacent
and upstream of the City of Kenai's existing boat ramp in the lower dver along thedght
bank of the Kenai River at River Mile 1.8 adjacent to Tract A, City of Kenai Boat Ramp
& ROW Dedication Subdivision, Section 9, T. 5 N., R. 11 W., S.M., AK, (KPB Parcel
I.D.- 049-450-02). The City of Kenai's purpose is to better accommodate the demand
Kenai Peninsula Borough Planning Commission Resolution 2005-14
Page I of 5
for boat launch activity and associated services during the dip net fishing season. The
proposed work will take place out of the water during extreme Iow tides. All dredged
material will be deposited in an upland approved site. Techniques will be employed to
minimize the introduction of sediments, contaminants and other materials into the dver
both during and after construction. The applicant shall maintain state water quality
standards. Existing vegetation is very limited in the 50-foot habitat protection area due
to silt deposition, ice scour, tidal activity and the existing gravel parking ama.
At the project's completion, the permittee will notify the Kenai River Centerand make
this site available for inspection.
1)
If changes to the approved project described above are proposed pdor to or
dudng its siting, construction, or operation the permittee is required to notify the
Kenai River Center to determine if additional approval would be required.
Finding: This is an administrative condition and is necessary to ensure
continuing compliance with permit terms and conditions.
2)
All bank cuts, fills and exposed earthwork adjacent to the dver must:be stabilized
to prevent erosion and sedimentation which may occur dudng or after
construction.
Finding: Enforcement Policy 12.4 Bank Stabilization of the Alaska Coastal
Management Plan states' "All bank cuts, fills and exposed earthwork adjacent to
a wetland or waterbody must be stabilized to prevent erosion and sedimentation
which may occur during or aflor construction. Bank stabilization measuros shaft
be designed and constructed to protect habitat values by including irregular bank
contours and insuring that nearshore wator velocitios cio not increase."
3)
The permittee shall minimize damage to all vegetation and shall revegetate any
expos~,~ils msulfingfrom the install~on of the~boa~launch-facilit~;.
Finding:: Enforcement Policy 3.3 Erosion of the Alaska Coastal Management
Plan states: "Developers shaft retain existing vegetative cover in erosion-prone
areas to the greatest extent feasible and prudent. In cases where development
or other activities lead to removal of vegetation, erosion shall be prevented or, if it
occurs, shaft be remedied through revegetation or by other appropriate
measures.;
4)
Timingofthe project activities shall be designed, sited, and constructed'during
Iow.fides, which will not impede or interfere with timely access and movement of
fish:
Finding: Enforcement Policy 12.3 Fish Passage of the Alaska Coastal
Managemont Plan states: "Timing of Project activities and structuros should be
designed, sited, constructed and operated in a manner which does not impede or
into~ero with tl~e timely access and movement of ~sh. Fish passago probloms,
Kenai Peninsula Borough Planning Commission Resolution 2005-14
Page 2 of 5
5)
6)
7)
9)
including velocity barriers should be considered by habitat protection agencies,
corrected, and otherwise remedied."
The dredged material will be disposed of at an appropriate upland location.
Finding: Enforcement Policy 2.4 a, b, c, d, e Dred~in~ and Filling of the Alaska
Coastal Management Plan states: "Construction activities should be kept to the
minimum area possible in areas adjacent to the Kenai River. This will also aid in
minimizing waterborne materials moving away from the site, and in maintaining
circulation and drainage patterns in the area of the project."
The construction or installation phase of this conditional use permit must be
completed within one calendar year from the date of the permit's issuance, or the
conditional use permit shall expire. However, prior to its expiration date, the
planning director upon written request may grant a conditional use permit
extension for 12 months.
Finding: This is an administrative
compliance with KPB 21.18.080(A).
condition and is necessary to ensure
No fuel storage as defined by KPB 21.18.050 is allowed.
Once effective, this Conditional Use Permit is valid for as long as the structures
and activities remain in compliance with all applicable laws including the
conditions of this Conditional Use Permit.
Finding: This is an administrative condition and is necessary to ensure
compliance with permit terms and conditions. This condition is also consistent
with KPB 21.18.020.
The recipient of this permit, City of Kenai, shall indemnify, defend, and hold and
save the Borough, its ele~ed and appointed officers, agents and employees
harmless from any and all claims, demands, suits, or liability of any nature, kind
or character including costs, expenses, and attorney foes. The applicant shall be
responsible under this clause for any and all legal actions or claims of any
chara~er rosulting from injuries, death, economic loss, damages, violation of
statutes, ordinances, constitutions or other laws, rules or regulations, contractual
claim~, or any other kind of loss, tangible or intangible, sustainod by any pemon,
or property adsing from applicant or applicant's agents' performance or failure to
perform this permit in any way whatsoever. This defonse and indemni§cation
responsibility includes claims alleging acts or omissions of the Borough or its
offi~m, agents and employees, which am said to have contdbut~d to the Io~es,
failure, violations, or damages.
In addition to the penalties provided by KPB 21.18.110, the Planning
Commission may revoke a permit issued pursuant to this chapter-if the permittee
Kenai Peninsula Borough Planning Commission Resolution 2005-14
Page 3 of 5
fails to comply with the provisions of this chapter or the-conditions of this permit.
The Planning Director shall provide at least 30 days written notico to the
permittee of a revocation hearing before .the Planning Commission.
The permittee, City of Kenai, hereby agrees to comply with the terms, conditions
and requirements of the Kenai Peninsula Borough Code of Ordinances Chaptor
21.18, and any regulations adopted pursuant to this chapter.
The permittee~ City of Kenai, is responsible.., for determining the need-for any
othe~'municipal~- state~rfoderal permit~and acquidng' the,-san~r The permittee
must'abide-by all applicable:municipal, state~ and federal~laws:?
Finding:." This condition-is to ensure continued ~ compliance with KPB 21.18.060
and KPB 21.18.070.
Sectior~. 3.~ The-~ Kenai:~ Peninsula~.~ Boroughs. Planning ..~ Commission authorizes the
issuan~ of~"a-C0nditional~-~ Use::P~'for'th~expar~orr of-'a publimboat~mm~ that
measures~42-feet;~wide= by 226-foot long~ and "the:.~ placement-'of - 1600~ square-, feet' of
concrete open coil block pavers on the existing gravel parking lot on Tract A, Ciht of
Kenai Boat Ramp & ROW Dedication Subdivision, Section 9, T. 5 N., R. 11 W., S.M.,
AK, (KPB Parcel I.D.' 049-450-02) subject to complianco with the above conditions.
ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA
BOROUGH ON THIS
DAY OF 2O05.
Linda L. Snow, City Manager
Permittee~
Date~
Notary's Acknowledgment
Subscribedand sworn before roe.this
____ Day of 2005,
Notary Public for Alaska
My Commission Expires-
; Kenai Peninsula Borough Planning Commission Resolution 2005-14
Page 4 of 5
THIS CONDITIONAL
OF '-f'~~.,4y_ ,2005.
/,
USE
PERMIT
IS EFFECTIVE ON THIS
DAY
Philip Brysoh, Chairpers(Jn -
Planning Commission
ATTEST:
Patricia H~rtley
Administrative Assistant
Kenai Peninsula Borough Planning Commission Resolution 2005-14
Page 5 of 5