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HomeMy WebLinkAbout2010-09-15 Council PacketCOUNCIL MEETING DATE: 1 %Q 0 Mayor/Council Clerk Police Department Senior Center Library (2) Fire Department Projects Manager Attorney City Manager Finance Airport Parks Recreation Student Rep. Hall Binder b< Feltman /Floyd DC Clarion Kebschull /Carver >e J Ogle •9 Christine V. I Mellish &-I Schmidt 6 r/e-` AGENDA DISTRIBUTION MAKE 28 PACKETS COUNCIL PACKET DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on pocket day. The camera ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsu /a Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: MOVE: 8-1 to B -2 position and B -2 to B -1 position on the agenda. PRESENTERS ADD AS: None. SEPTEMBER 15, 2010 REGULAR COUNCIL MEETING Information Item No. 7, 9/8/2010 V. Goddard, Inlet Fish Producers, Inc. letter related to Cook Inlet Natural Gas Storage Alaska proposal. CONSENT AGENDA COUNCIL MEMBER MOLLOY Mr. Jeff Twait, Chairman Mr. Scott Romain, Vice Chairman Mr. Kurt Rogers Mr. Roy Wells Mr. Phil Bryson Mr. Jerry Brookman Ms. Karen Koester City of Kenai Planning Zoning Commission Cc: Councilman Robert Molloy Councilman Barry Eldridge Ms. Marilyn Kebschull, Planner Inlet Fish Producers, Inc. PO Box 114 Kenai, Alaska 99611 (907) 283 -9275 FAX (907) 283 -4097 September 8, 2010 Dear Commission Members, Councilmen, and Ms. Kebschull: I am writing this letter regarding the CINGSA proposal to build a natural gas storage facility beneath the City of Kenai. CINGSA will soon be applying for a Conditional Use Permit to build and operate the storage facility within the confines of the City of Kenai. The Conditional Use Permit application will center upon the various above- ground facilities and operations required for the gas storage facility. The actual structure and engineering criteria for the subsurface engineering and design will be given relatively little attention, and it will not relate to the local seismic dangers and the potential for severe earthquake damage. I am very concerned that CINGSA and Enstar have chosen to ignore the local earthquake dangers and are designing the facility as if it were to be built and operated in the State of Michigan, where their technical staff has a great deal of experience and technical expertise. Every other west coast state (Washington, Oregon, and California) requires an extensive scientific analysis of the local subsurface seismic topography before they allow any gas storage operations to receive licensing approval. The simple reason for this is to protect public health and safety. Earthquakes can potentially do a great deal of damage to the subsurface storage facility, causing escape of methane gas into the subsurface aquifers and a major surface blowout explosion. Other states require that the gas storage company study and understand the local seismic situation before building and operating a gas storage facility. The reason for the complete seismic investigation is twofold: 1) If the location is marginally safe, specific seismic engineering design improvements can provide additional protection against a catastrophic gas blowout explosion. 2) If the location is simply too dangerous in relation to potential earthquake damages, the gas storage company chooses a more seismically stable and less dangerous location for the gas storage facility. Mr. Rick Gentges, who was in charge of the primary development of this project while employed at TransCanada, and is now employed at CINGSA (Enstar), recently said at the Kenai City Council meeting on September 1 that the "gas storage industry in the Lower 48 is a fully mature industry". However, the "fully mature gas storage industry" in the Lower 48 also recognizes and accepts its responsibility to plan gas storage facilities in relation to earthquake safety. No gas storage company located in seismically active areas on the west coast would ever design and build a gas storage facility with ZERO attention on the issue of subsurface seismic design criteria. CINGSA does not appear to be willing to spend any time and attention (or money) to improve the seismic safety of this project. The only apparent reason to give so little attention to seismic safety design criteria is that designing subsurface facilities for highly active earthquake zones is very expensive and time consuming. The only conclusion is chilling CINGSA is apparently willing to sacrifice the health and safety of the residents of the City of Kenai so that they can build a less expensive storage facility. A full and complete study of the seismic topography and vulnerability in the Kenai area may show that a "Michigan style" storage facility would be completely adequate to protect the public health and safety of the residents of the City of Kenai. However, without a complete scientific study of the potential damage that could be caused with a total rupture of local earthquake faults, we will never know how large a chance we are taking by allowing this facility to be built underneath the City of Kenai. I would like to propose a work session with the Kenai Planning and Zoning Commission to be scheduled for Wednesday October 13. I am in the process of discussing this situation with a number of seismic design experts, and I will try to put together some scientific resources that could assist in the deliberation process for this very important but potentially dangerous development in the City of Kenai. I have made a similar approach to the Alaska Department of Natural Resources. Please see my attached 11 page letter which was sent as a response to the CINGSA project proposal. The initial indications from the DNR are that they do not intend to develop any new seismic design criteria for subsurface facilities before this project is approved for construction and operation. It may very well fall to the City of Kenai to insist that the project be designed with the health and safety of the residents of Kenai taken into account. The Planning and Zoning Commission is the perfect venue for any such consideration, and I urge you to take every opportunity for a full discussion and consideration of the CINGSA Conditional Use Permit before it is approved. I thank you for your time and consideration this evening, and look forward to the requested opportunity to provide you with significant scientific testimony and analysis for your scheduled October 13 meeting. Sincerely, -L.—.4 a-444 4"U-- Vincent L Goddard President Inlet Fish Producers, Inc. 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N n m 4 F n n P a Pi O n ao e W 0 r. m 0 0 n 0 0 3 0 8 7 My name is Carolyn Unger. I live in Woodland Estates Subdivision. I am here to ask you to create an ordinance restricting where Outdoor Wood burning Boiler Furnaces may be installed. Mr. Molloy has the packet of information for you to review which I presented to the Sept 8th Planning and Zoning Board. I believe it is a very strong argument why no one should install OWBs in subdivisions with lots smaller than 80,000 square feet. Sunday morning I stood on my back deck marveling at the beauty of the morning; clear sky, sun shinning, fresh, crisp, clean air. All it takes is for one person to install and OWB in their backyard to destroy the quality of air and life to those who live within 500 feet of the OWB. If you do not create an ordinance restricting where Outdoor Wood Burning Boilers can be installed that wonderful crisp, clean air will be NO more in my neighborhood as well as many others in Woodland Estates Subdivision. If one OWB goes in there will be more to follow. If my neighbor is allowed to install an OWB he will be harming the health of an unborn child, and six small children who live within 200 feet of his house. They will have to breathe the foul smelling, toxic emission during their walk to their school bus and as they stand waiting for its arrival. The bus stop is right across the street from the neighbor who is preparing to install an OWB. The clear, clean air they are use to breathing while at play in their yards will have turned toxic. Please DO NOT allow Outdoor Wood Burning Boiler Furnaces to be installed on lots smaller than 80,000 square feet or within 500 feet of a neighboring residence in the city limits of Kenai. Our health and quality of life depend on it. Thank you. II. OWB Pollution State health and environmental agencies have received a growing number of complaints from owners and neighbors that OWBs produce thick, acrid, foul smoke that permeates buildings and homes, causing not only a nuisance, but also environmental degradation and health problems. Even when operated using clean seasoned wood, OWBs can emit significant pollution because the basic design of the OWB causes fuel to burn incompletely, or smolder, resulting in thick smoke and high particulate emissions. The problem is aggravated when other materials, such as wet wood, processed wood, and garbage are burned. The short OWB chimney and reduced draft often fail to disperse the smoke, resulting in more concentrated pollution at lower heights reaching residents and neighbors. Exposure to this smoke, like other pollutants, can cause or contribute to short-term health harms such as eye, nose, throat, and lung irritation, coughing and shortness of breath, and may exacerbate asthma or trigger asthma attacks. Chronic exposure to smoke can cause long -term effects such as asthma, heart and lung disease, and cancer. 5 Figure 4: Relative Emissions of Fine Particulate Matter From Home Heating Devices //6, Zgy No (9 ffi t) of 3 ad fit, f gett -i 1 o o 6 5 fvnwntcr S r t Conventional Wood Stove 18.5 gihr EPA Certified Wood Stove 6 Or B. Human Health Impacts of OWB Smoke Exposure to various components of wood smoke and the contaminants found in wood smoke has been associated with adverse human health impacts, as discussed below. The likelihood of health effects depends on many factors, such as the amount of smoke to which one is exposed, the frequency and duration of exposure, and the sensitivity of the individual exposed. Fine Particulate Matter (PM 2.5) Exposure to PM 2.5 can cause short-term health effects such as eye, nose, throat, and lung irritation, coughing, sneezing, runny nose, and shortness of breath and can also affect lung function and worsen medical conditions such as asthma and heart disease. While the upper respiratory system will filter out particles larger than ten millionths of a meter (or microns), PM 2.5 can bypass the body's natural filtering mechanisms to lodge deep in the lungs! Scientific studies have linked increases in daily PM 2 5 exposure with increased respiratory and cardiovascular hospital admissions, emergency deparunent visits and deaths. Recent studies suggest that long -tern exposure to PM 2.5 may be associated with increased rates of bronchitis and reduced lung function, and increased cancer risk. People with breathing problems (such as asthma, bronchitis, emphysema, or pneumonia) and /or heart problems, and certain members of EPA, EPA Announces Final Designations for First Fine Particulate Standard, Press Release (Dec. 17, 2004), available at www.ena.gov /pmdesignations (last accessed May 31, 2005). 9 Oil Furnace 0.07 g /hr Gas Furnace 0.04 g /hr the general population (such as children and the elderly) may be particularly sensitive to PM 2.5." More than 60,000 deaths each year in the United States can be attributed to exposure to air polluted with PM 2.5.' Respiratory and cardiovascular diseases have been associated directly with wood smoke emissions. For example, a Seattle area study noted increases in asthma and other respiratory disease and declines in lung function among children exposed to wood smoke. Long term exposure to wood smoke, like other emissions containing PM 2.5, can lead to chronic bronchitis, obstructive lung disease, and an increased risk of cancer!' Polycyclic Aromatic Hydrocarbons (PAHs) PAHs are a group of chemicals that are formed during the incomplete combustion of coal, oil, gas, wood, garbage, and other organic substances such as tobacco. PAHs generally occur as complex mixtures often containing hundreds of different PAHs. Tests on mice show that exposure to PAHs during pregnancy results in higher rates of birth defects, lower birth weights, and difficulty reproducing. Animal studies have also shown that both short-term and long -term exposure to PAHs can inhibit the body's ability to fight disease. Some PAHs have been categorized as probable human carcinogens (cancer causing chemicals) by the U.S. Dept lucent of Health and Human Services, and by the International Agency for Research on Cancer. New York State Department of Health Fact Sheet, Fine Particles (PM 2.5) Questions and Answers (Feb 2003, revised July 2004), available at www.hea /nysdoh /indoor /pmq a.htm (last accessed May 31, 2005). 18 Washington State Department of Ecology Air Quality Program, Health Effects of Wood Smoke (March 1997, updated August 2004). 19 Zelikoff, J., et al., The Toxicology of Inhaled Woodsmoke, J. Toxicology and Environmental Health, Part B, 5: 269 -282 (2002). 20 Koenig, J., et al., Pulmonary Function Changes in Children Associated with Fine Particulate Air Pollution, Environmental Research 63(1): 26 -38 (1993); Larson, R. and Koenig, J., Wood Smoke: Emissions and Noncancer Respiratory Effects. Annu. Rev. Public Health 15: 133 -56 (1994). 21 American Lung Association, Wood Smoke Affects Your Health (1990); Ammann, H., Summary Overview of Health Effects Associated with Residential Wood Combustion: Health Effects Issue Assessment, Internal Report, EPA, Research Triangle Park, NC (1986); Larson, T., et al., Urban Air Taxies Mitigation Study: Phase I, University of Washington report submitted to the Puget Sound Air Pollution Control Authority (1988); Morris, K., et al., Wood Burning Stoves and Lower Respiratory Tract Infections in American Indian Children, American Journal of Diseases of Children 144: 105 -108 (1990); Stevens, R., et al., Sources of Mutagenic Activity in Urban Fine Particles, Toxicol. Industrial Health 6: 81 -94 (1990). 'Agency for Toxic Substances and Disease Registry, Toxicological Profile for Polycyclic Aromatic Hydrocarbons (August I995). 10 Carbon Monoxide At low concentrations, carbon monoxide can cause fatigue in healthy people and chest pain in people with heart disease. At higher concentrations, it can cause impaired vision and coordination, headaches, angina, dizziness, confusion, and nausea. Exposure can cause flu -like symptoms that stop after exposure ends. It can also be fatal at very high concentrations, due to the formation of carboxyhemoglobin in the blood, which inhibits oxygen uptake 2' Benzene Exposure to benzene can cause both short and long term health effects. At high concentrations, exposure to benzene can cause drowsiness, dizziness, rapid heart rate, headaches and tremors. Long term exposure to lower levels are associated with adverse effects in the blood and bone marrow (leukemia), the immune system, the reproductive system, and increased cancer risk. Chlorinated Dioxins Chlorinated dibenzo -p- dioxins (CDDs) are a family of 75 different compounds with varying harmful effects. CDDs are released to the environment during combustion of fossil fuels (coal, oil, natural gas) and wood, and during incineration processes. Burning materials that may contain chlorine, such as plastics, wood treated with pentachlorophenol, pesticides, polychlorinated biphenyls (PCBs), and even bleached paper can produce CDDs. Exposure to CDDs generally occurs through breathing contaminated air, or through skin contact with materials containing CDDs. Effects of exposure depend on the amount, but can range from skin disease, changes in blood, urine, and liver chemistry, as well as potential reproductive or developmental effects. Certain CDDs have been determined to be likely carcinogens. Other Chemicals Wood smoke contains inorganic and organic irritants such as fonnaldehyde and other aldehydes, nitrogen oxides and sulfur oxides. Inhalation of wood smoke containing irritants can lead to inflammation and swelling of the lung tissue and can contribute to respiratory distress. Irritants can interfere with the normal flow of mucus that removes particles from the respiratory tract, thereby increasing the amounts of particulate matter entering the lungs. These irritants can also contribute to allergic reactions 2 C. Neighborhood Problems Created by OWB Smoke EPA, Indoor Air Qualify Tools for Schools Kit, lAQ Coordinator's Guide, available at www.epa.gov /iaq /schools /tfs /guidee.html (last accessed May 31, 2005), 24 Agency for Toxic Substances and Disease Registry, Toxicological Profile for Benzene, Public Health. Statement (September 1997). 25 Agency for Toxic Substances and Disease Registry, Toxicological Profile for Chlorinated Dibenzo -p- Dioxins, Public Health Statement (December 1998). 26 Agency for Toxic Substances and Disease Registry, TOXFAQs for Formaldehyde (June 1999), Sulfur Dioxide (June 1999), and Nitrogen Oxide (April 2002). 11 During summer months and calm winter days, wood smoke is slow to rise and disperse. With OWB chimneys not high enough to carry the smoke past the heights of surrounding homes and local terrain, wood smoke, soot, and toxins may enter homes and yards of owners and neighbors who are situated close to OWBs. Wood smoke particulates, due to their small size, can remain suspended in the air for long periods of time, can cause a smokey haze, and can easily enter homes through air intakes, cracks, doors and windows. Effects on neighbors are especially apparent when OWBs are installed at the outermost limit of the owner's property, and in close proximity to structures on adjacent properties. The OAG has received more than 50 complaints from individuals who are affected by OWB- generated smoke and odors,' The complaints filed with the OAG note the following: 1. Smoke from OWBs has led to a variety of symptoms including upset stomach, headaches, dizziness, respiratory effects, and throat and eye irritation. 2. Smoke from OWBs has prevented residents from enjoying activities inside and around their homes. Residents have been unable to use their porches and backyards or conduct normal activities such as walking the dog, gardening, or hanging laundry outside. Some residents do not allow their children to play outside because of the smoke. 3. Smoke from OWBs has forced residents to close their windows, doors, and air conditioning units, in an effort to keep the smoke and smoke odors from entering their homes. Residents have complained of wood smoke odors on items inside the home, such as clothing, curtains and upholstery. Smoky conditions indoors have sometimes set off carbon monoxide detectors. 4. Materials besides natural wood are burned in the OWBs, producing even greater amounts of noxious smoke and odors. 5. In a few cases, the unhealthy and nuisance conditions created by OWBs have caused complainants to sell their homes. Complaints have been received from people in the following counties: Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Clinton, Dutchess, Franklin, Jefferson, Onondaga, Saratoga, St. Lawrence, Suffolk, Tioga, Ulster, Warren, and Wyoming. One OWB was adjacent to a public school. 12 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *A11 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 (Public comment limited to ten (10) minutes per speaker) 1. Colleen Ward /Neighbors /Friends Conditional Use Permits 2. Colleen Ward /Neighbors /Friends Land Use Tables Including Alternatives to Rural Residential 1 (RR -1) Zone /MAPS Neighborhood ITEM C: ITEM D: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497- 2010 and subsequently postponed it to the September 1, 2010 and then to the September 15, 2010 Council Meeting. The motion to adopt is active and on the floor.) a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections 2. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by $182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters 3. *Ordinance No. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC) 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR 9 16 3. Resolution No. 2010 -53 Supporting the Initiation of a Public Ferry Transportation Service Between Anchorage and the City of Kenai 19 ITEM E: MINUTES 1. *Regular Meeting of September 1, 2010 2. *August 23, 2010 Board of Adjustment Hearing Notes 21 38 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 41 2. Approval of Purchase Orders Exceeding $15,000 42 43 4. Discussion Sponsorship of Brown Bear Hockey Team Member 5. Discussion Schedule Work Session /Capital Project List and Legislators 45 ITEM H: COMMISSION /COMMITTEE REPORTS 49 50 ITEM J: ADMINISTRATION REPORTS 1. City Manager 61 2. City Attorney 3. City Clerk 80 ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION 1) A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural. Gas Storage Alaska (CINGSA) Project. ITEM L: ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) INFORMATION ITEMS KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 1. 9/1/2010 Purchase Orders Between $2,500 and $15,000 for Council Review 83 2. Budget Transfer in Capital Projects in Excess of 5,000 3. Carolyn Unger Information related to banning outdoor wood burning boiler furnaces 4. 9/9/2010 Anchorage Daily News article, Fire Island Wind Farm Has Yet to Generate Power Contracts Page No. 84 133 5. 9/9/2010 N. Brudie, Oil Gas Project Review Manager, Alaska Department of Natural Resources letter forwarding the Cook Inlet Natural Gas Storage Project Final Consistency Determination 136 6. 8/2010 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports 1.50 Sections: 1.10.101 Makeup of the Council. CITY OF KENAI ORDINANCE NO. 2497 -2010 Section 1. Form: This is a Code ordinance. Chapter 1.10 THE COUNCIL New Text Underlined' [DELETED TEXT BRACKETED) Sponsored by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.10 ENTITLED "THE COUNCIL," IN ITS ENTIRETY AND SPECIFICALLY ADDRESSING THE PROCEDURES FOR SPECIAL MEETINGS OF THE CITY COUNCIL AND MAKING TECHNICAL CORRECTIONS. WHEREAS, City ordinances currently provide only for personal, written service of the a notice of a special meeting on City Council Members; and, WHEREAS, when special meetings are called, there is typically a demand upon the Council to act quickly and permitting service of notice of the special meeting only by delivery of a written notice to a Council Member in person or at their home can be slow and time consuming; and, WHEREAS, alternative means to communicate the notice of a special meeting exist and those methods are predicted to provide actual notice to each Council Member of a special meeting, including verbal notification to the Council Member in person or by telephone as well as notification by electronic communication such as electronic mail and, WHEREAS, it is in the best interests of the City to update the procedures for providing notice of special meetings to City Council Members to allow notice through different forms of electronic and verbal communication as well as written notice; and, WHEREAS, Chapter 1.10 of the Kenai Municipal Code contains antiquated terminologj% and conforming amendments are desirable to provide consistency between this chapter of the City Code and other provisions of City Code, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 2. Amendment of Chapter 1.10 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 1.10, The Council, is hereby amended in its entirety as follows: Ordinance No. 2497 -2010 Page 2 of 4 1.10.020 Powers. 1.10.030 Organization meeting. 1.10.040 Time of regular meeting. 1.10.050 Place of meeting. 1.10.060 Calling special meetings. 1.10.070 Council chambers and conference rooms. 1.10.010 Makeup of the Council. There shall be a City Council of seven (7) members, consisting of the Mayor and six (6) other Council[MEN] Members, as provided by the City Charter, Section 2 -1. When the [WORD] teiin `Councilman" or "Councilmen" or Council Member(s)" is used in the ordinances, in the Charter, and elsewhere, it shall be deemed to include the Mayor, as well as other Council[MEN] Members, unless otherwise clearly indicated by the context. 1.10.020 Powers. The Council shall have and may exercise all legislative powers not prohibited by law or by the City Charter. It shall have all powers delegated to it by the City Charter and by law[, SECTION 2 -4, AND OTHER SECTIONS THEREOF]. 1.10.030 Organization meeting. The terms of newly- elected Council[MEN] Members shall begin at the time prescribed for the second regular Council [M]meeting after their election, as provided by the City Charter, Section 10 -2. At said meeting, the Council[MEN] Member -elect present shall take and subscribe to the oath or affirmation of office, which shall be administered by the City Clerk or other authorized person. At this meeting, or as soon thereafter as practicable, the Council shall elect a Vice -Mayor and otherwise organize for the ensuing year as needed and undertake its duties. 1.10.040 Time of regular meeting. The regular meeting of the Council of the City of Kenai, Alaska shall he at a time set by a resolution of the Council on the first and third Wednesdays of every month unless circumstances warrant deviation of the regular meeting date when the Council, by majority vote, may change the date and give public notice of such change. 1.10.050 Place of meeting. Meetings of the City Council, regular or special, [WILL] shall be held in the Council [C]chambers in the City Hall unless otherwise designated by the Mayor. This provision shall not apply to executive sessions of the Council. New Text Underlined ]DELETED TEXT BRACKETED) 2 Ordinance No. 2497 -2010 Page 3 of 4 1.10.060 Calling special meetings. (a) The Mayor or any four Council[MEN1 Members may call a special meeting[S] of the Council upon not less than 48- hours' written or oral notice communicated to each Council Member and the Mayor [THE CITY CLERK SHALL GIVE THE NOTICE OF SUCH MEETINGS TO EACH COUNCILMAN OR CAUSE IT TO BE LEFT AT A CONSPICUOUS PLACE AT HIS ABODE OR TO BE GIVEN TO A MEMBER OF HIS FAMILY AT LEAST FIFTEEN (15) YEARS OLD AT HIS PLACE OF ABODE, AT LEAST FORTY -EIGHT (48) HOURS BEFORE THE TIME OF HOLDING SUCH SPECIAL MEETING.] A special meeting called on shorter notice [THEN] than forty -eight (48) hours shall be a valid meeting if the Council, by unanimous vote of all Council[MEN] Members present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. (b) The City Clerk shall give oral or written notice of a special meeting to each Council Member at least forty -eight (48) hours before the time of holding such special meeting: however, no service of notice of the special meeting need be made upon the person(s) who issued the call of the special meeting or where the call of the meeting was made at a regular meeting of the Council. Written notice shall be considered sufficient if delivered by electronic means or if delivered to the usual place of residence or business of any Council Member. or to any person residing or working therein who is over the age of fourteen years. The City Clerk shall provide Council Members with the agenda of the special meeting at least twenty -four (24) hours in advance of the meeting, where practicable. l For the purpose of giving notice of a special meetings reasonable public notice is given if a statement containing the date. time, and place of the meeting, along with the expected subject(s) of discussion, is published not less than twenty -four (24) hours before the time of the meeting by posting the statement in a minimum of three public places w ithin th cit o n e of w hich s haft b the nffiniai bulietin board of the city a City Hall A copy of the notice of the special meeting shall also be delivered to a newspaper of general circulation in the City; but, this requirement shall not be jurisdictional to the holding of any such meeting. jdl The City Clerk shall include in the journal of the special meeting an affidavit (or affidavits) documenting service of the notice of the special meeting on the Council Members as well as the publication of the notice and agenda of the special meeting L No business may he transacted at any special meeting except as stated in the notice of the meeting. 1.10.070. Council chambers and conference rooms. Scheduling the use of the Council chambers and the Clerk/Council conference room in the City Clerk's office shall be under the direction of the City Clerk. The rooms shall be used solely for the transaction of the business of the City except that the Clerk may permit groups working with City staff on a City related issue, groups of whom the City is a member, and other local, state, and /or federal agencies to use the rooms for public purposes, and at no cost, after request by the entity and approval by the City Clerk. dew Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2497 -2010 Page 4 of 4 Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Teat Underlined DELETED TEXT BRACKETED) 4 Introduced: July 7, 2010 Second Reading: July 21, 2010 Third Reading: September 1, 2010 Adopted: September 1, 2010 Effective: October 1, 2010 TO: Mayor and Council Members FROM: Carol L. Freas, CA Clerk DATE: July I, 2010 RE: If you have any questions, please contact me. Clf Attachment aV llaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM ORDINANCE NO. 2497-2010, AMENDING KMC CHAPTER I.10, ENTITLED "THE COUNCIL," IN ITS ENTIRETY AND SPECIFICALLY ADDRESSING THE PROCEDURES FOR SPECIAL MEETINGS OF THE CITY COUNCIL AND MAKING TECHNICAL CORRECTIONS. Ordinance No. 2497 -2010 was developed in a collaborative effort between the City Attorney and City Clerk to address concerns with the procedures to call special meetings which have become fairly burdensome when considering the current availability of alternative means of communication. Please note the following: Suggested amendments to modernize terminology and provide consistency between this chapter and other provisions of the Code, i.e. the use of "Council Member." During Council discussion at the June 16, 2010 Council Meeting, it was suggested the number of Council Members required to call a special meeting be amended. In icscaiLhir g the issue, it was noted this nuinber is set by the City Charter. The Charter cannot be changed without a vote of the people. The most significant changes are those in KMC 1.10.060 which offer additional means of n.otification of special meetings; identifies a 48 -hour notice of service of a special meeting; identifies at least a twenty -four (24) hour notice for the Clerk to provide Council Members with the agenda of the special meeting; identifies alternatives to publishing and posting of the agenda; provides for the Clerk to include an affidavit (or affidavits) as part of the meeting journal to document service; and, directs that no other business may be transacted at any special meeting except as stated in the notice of the meeting. 1 believe the suggested amendments offer a much more functional and practical process for when special meetings are called. RE: Na KENAI, a- SKA "laagr e with a Past, City with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM TO: Mayor and Council. Members FROM: Carol L. Freas, CA,Clerk DATE: July 12, 2010 ORDINANCE NO. 2497-2010 Recommended Substitute to Correct Scribner Error After the publication of the proposed Ordinance No. 2497 -2010, the Ciry Attorney noticed she and I failed to notice a portion of the existing code within the proposed amended paragraph 1.10.060(a) was unintentionally omitted from the ordinance. The omitted portion of the paragraph is currently in the Code at the third sentence of KMC 1.10.060. It states, A special meeting called on shorter notice then forty -eight (48) hours shall be valid meeting if the Council, by unanimous vote of all Councilmen present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. The sentence sh.ould be retained in the ordinance, although minor conforming amendments are suggested. I have consulted with the City Attorney and she has confirmed this change is not such a substantial change as would require a second public hearing. The proposed amendment reads as follows: A special meeting called on shorter notice [THEN] than forty -eight (48) hours shall be a valid meeting if the Council, by unanimous vote of all Councit[MEN) Members present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. The sentence with the proposed amendments has been incorporated into the attached Substitute Ordinance No. 2497 -2010. If you have any questions, please contact me. TO: Mayor Porter Vice Mayor Smalley, Council Members Boyle, Eldridge, Marquis, Moore FROM: Bob Molloy, Council iv"rember DATE: August 25, 2010 BOB MOLLOY (907) 283-7373 bob olloyforcouncil. corn SUBJECT: Ordinance 2497 -2010, Amendment to KMC 1.10 Amending Procedures for Special Meetings This memo is to report on the status and to provide notice that at the 9/1/10 Council meeting, I plan to request Council support for a postponement of Ordinance 2497 -2010 to the September 15, 2010 Council meeting for an additional public hearing, at which time a substitute will be offered. Ordinance 2497 -2010 proposes amendments to KMC Chapter 1.10 to revise the procedures for calling special meetings. The ordinance was introduced on July 7 and at its second reading on July 21 the Council voted to postpone further consideration of the ordinance until the September lst meeting so that more work could be done on the ordinance to address questions and concerns that were expressed about the special meeting process. Since July 21, Ms. Freas, Ms. Stearns, and I met to discuss a substitute ordinance to incorporate new ideas, including: Distinguishing between special meetings called for business purposes and for true emergencies; Adding a definition of "emergency" that fairly tracks the definition to justify an emergency ordinance in the City Charter at p. 2 -13; Strengthening the newspaper publication requirement, for notice to the public; Lengthening the required notice to Council Member period of calling a special meeting in order to allow newspaper publication, but allowing a special meeting to be called on shorter notice if the Council, by unanimous vote of council members present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice; Adding language that the City Clerk will provide Council Members with the agenda of the meeting at the same time as providing notice of the meeting. However, due to the challenges of coordinating multiple schedules and the press of business, I have not finalized my review of the first draft of a proposed substitute, and we have not yet had the opportunity to meet with Mr. Koch to review a first draft of the proposed substitute. After I complete my review of the first draft, I would like to meet with the City Clerk, City Attorney, and City Manager for discussion and potential revisions before finalizing a substitute. 1 would appreciate additional time to further consider modifications in consultation with the City Clerk, City Attorney, and City Manager, and I think that this can be accomplished by 9/9/10, the deadline for the packet for the 9/15/10 Council meeting. There could still be a second hearing at the 10/6/10 Council meeting, since the ordinance would not fall off the agenda until the second meeting of October, if not acted on before then. SUBSTITUTE Sponsored by: Council Member Molloy and the City Clerk CITY OF KENAI ORDINANCE NO. 2497 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.10 ENTITLED "THE COUNCIL," IN ITS ENTIRETY AND SPECIFICALLY ADDRESSING THE PROCEDURES FOR SPECIAL MEETINGS OF THE CITY COUNCIL AND MAKING TECHNICAL CORRECTIONS. WHEREAS, City ordinances currently provide only for personal, written service of a notice of a special meeting on City Council Members; and, WHEREAS, when special meetings are called, there is typically a demand upon the Council to act quickly, and permitting service of notice of a special meeting only by delivery of a written notice to a Council Member in person or at their home can be slow and time- consuming; and, WHEREAS, alternative means to communicate the notice of a special meeting exist and those methods are predicted to provide actual notice to each Council Member of a special meeting, including verbal notification to the Council Member in person or by telephone as well as notification by electronic communication such as electronic mail; and, WHEREAS, it is in the best interests of the City to update the procedures for providing notice of special meetings to City Council Members to allow notice through different forms of electronic and verbal communication as well as written notice; and, WHEREAS, Chapter 1.1 n of the Kenai Municipal Code contains antiquated terminology and conforming amendments are desirable to provide consistency between this chapter of the City Code and other provisions of City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 1.10 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 1.10, The Council, is hereby amended in its entirety as follows: Sections: 1.10.010 Makeup of the Council. Chapter 1.10 THE COUNCIL New Text Underlined; [DELETED TEXT BRACKETED] -9- Substitute Ordinance No. 2497 -2010 Page 2 of 4 1.10.020 Powers. 1.10.030 Organization meeting. 1.10.040 Time of regular meeting. 1.10.050 Place of meeting. 1.10.060 Calling special meetings. 1.10.070 Council chambers and conference rooms. 1.10.010 Makeup of the Council. There shall he a City Council of seven (7) members, consisting of the Mayor and six (6) other Council[MEN] Members, as provided by the City Charter, Section 2 -1. When the [WORD] term "Councilman" or "Councilmen" or Council Member(s)" is used in the ordinances, in the Charter, and elsewhere, it shall be deemed to include the Mayor, as well as other Council[MEN] Members, unless otherwise clearly indicated by the context. 1.10.020 Powers. The Council shall have and may exercise all legislative powers not prohibited by law or by the City Charter. It shall have all powers delegated to it by the City Charter and by law[, SECTION 2 -4, AND OTHER SECTIONS THEREOF]. 1.10.030 Organization meeting. The terms of newly_elected Council[MENJ Members shall begin at the time prescribed for the second regular Council [Q]meeting after their election, as provided by the City Charter, Section 10 -2. At said meeting, the Council[MEN] Member -elect present shall take and subscribe to the oath or affirmation of office, which shall be administered by the City Clerk or other authorized person. At this meeting, or as soon thereafter as practicable, the Council shall elect a Vice -Mayor and otherwise organize for the ensuing year as needed and undertake its duties. 1.10.040 Time of regular meeting. The regular meeting of the Council of the City of Kenai, Alaska shall be at a time set by a resolution of the Council on the first and third Wednesdays of every month unless circumstances warrant deviation of the regular meeting date when the Council, by majority vote, may change the date and give public notice of such change. 1.10.050 Place of meeting. Meetings of the City Council, regular or special, [WILL] shall be held in the Council [C]chambers in. the City Hall unless otherwise designated by the Mayor. This provision shall not apply to executive sessions of the Council. New Text Underlined [DELETED TEXT BRACKETED] -10- Substitute Ordinance No. 2497 -2010 Page 3 of 4 1.10.060 Calling special meetings. tea) The Mayor or any four 14) Council[MEN) Members may call a special meeting[S] of the Council upon not Less than four (4) days written or oral notice communicated to each Council Member and the Mayor [THE CITY CLERK SHALL GIVE THE NOTICE OF SUCH MEETINGS TO EACH COUNCILMAN OR CAUSE IT TO BE LEFT AT A CONSPICUOUS PLACE AT HIS ABODE OR TO BE GIVEN TO A MEMBER OF HIS FAMILY AT LEAST FIFTEEN (15) YEARS OLD AT HIS PLACE OF ABODE, AT LEAST FORTY -EIGHT (48) HOURS BEFORE THE TIME OF HOLDING SUCH SPECIAL MEETING.] A special meeting called on shorter notice [THEN] than four (4) days jFORTY -EIGHT (48) HOURS] shall he a valid meeting if the Council, by unanimous vote of all Council[MEN] Members present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. An emergency exists when, in the judgment of the Council immediate action of the Council is necessary to protect or preserve the finances of the City and /or to protect or preserve the public peace health, or safety. (b) The City Clerk shall give oral or written notice of a special meeting to each Council Member at least four (4) days before the time of holding such special meeting: however, no service of notice of the special meeting need be made upon the person(s) who issued the call of the special meeting or where the call of the meeting was made at a regular meeting of the Council. Written notice shall be considered sufficient if delivered by electronic means or if delivered to the usual place of residence or business of any Council Member, or to any person residing or working therein who is over the age of fourteen (14) years. (c) For the purpose of giving notice of a special meeting, reasonable public notice is given if a statement containing the date time, and place of the meeting. along with the expected snbject(s) of discussion. is published not less than three (3) days before the time of the meeting by posting the statement in a minimum of three (3) public places within the City, one of which places shall be the official bulletin board of the City at City Hall. A copy of the notice of the special meeting shall also be published in a newspaper of general circulation in the City and be posted to the City's website. The specific public notice requirements shall not be jurisdictional to the holding of any such meeting at which the Council has determined that circumstances exist to justify calling a special meeting on an emergency basis. (d1 The City Clerk shall include in the journal of the special meeting an affidavit (or affidavits) documenting service of the notice of the special meeting on the Council Members as well as the publication of the notice and agenda of the special meeting. (e) No business may he transacted at any special meeting except as stated in the notice of the meeting. 1.10.070. Council chambers and conference rooms. Scheduling the use of the Council chambers and the Clerk /Council conference room in the City Clerk's office shall be under the direction of the City Clerk. The rooms shall be used solely for the transaction of the business of the City except that the Clerk may permit groups New Text Underlined' [DELETED TEXT BRACKETED' Substitute Ordinance No. 2497 -2010 Page 4 of 4 working with City staff on a City- related issue, groups of whom the City is a member, and other local, state, and /or federal agencies to use the rooms for public purposes, and at no cost, after request by the entity and approval by the City Clerk. Section 3. Sever.ability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifteenth day of September, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined (DELETED TEXT BRACKETED] -12- Introduced: July 7, 2010 Second Reading: July 21, 2010 Third Reading: September 1, 2010 Fourth Reading: September 15, 2010 Adopted: September 15, 2010 Effective: October 15, 2010 FROM: Bob Molloy, Council Member DATE: September 9, 2010 BOB MOLLOY (907) 283 -7373 bob olio forcouncil.com TO: Mayor Porter Vice Mayor Smalley, Council Members Boyle, Eldridge, Marquis, Moore -13- SUBJECT: Ordinance 2497 -2010 Substitute, Amendment to KMC 1.10 Amending Procedures for Special Meetings Ordinance 2497 2010 proposes amendments to KMC Chapter 1.10 to revise the procedures for calling special meetings. The ordinance was introduced on July 7 and at its second reading on July 21, the Council voted to postpone further consideration of the ordinance until the September 1st meeting, then on September 1st voted to postpone to the September 15th meeting so that a substitute could be developed in order to address questions and concerns that were expressed about the special meeting process. The City Manager, City, Clerk, City Attorney and I met to ideas for a substitute ordinance. Ordinance 2497 -2010 Substitute is the proposed substitute resulting from that discussion, and is co- sponsored by the City Clerk and 1. The substitute does the following: Distinguishes between special meetings called for business purposes and for true emergencies. Adds the following definition of "emergency" in KMC 1.10.060(a): "An emergency exists when, in the judgment of the Council, immediate action of the Council is necessary to protect or preserve the finances of the City and /or to protect or preserve the public peace, health, or safety." `Phis definition tracks the definition to justify an emergency ordinance in the City Charter at p. 2 -13, and adds the category of protection or preservation of the City's finances. Allows a special meeting to be called on shorter notice for a true emergency if the Council, by unanimous vote of council members present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice, KMC 1.10.060(a). Creates flexibility in notice to Council/Mayor by: (1) Allowing the Clerk to give oral or written notice, KMC 1.10.060(b); (2) Not requiring notice upon either the person(s) who called the meeting or where the call of the meeting was made at a regularly scheduled council meeting, KMC 1,10.060(b); and (3) Allowing written notice by electronic means (such as by email or fax), or by delivery to the usual place of residence or business of any Council Member, or to any person residing or working therein who is over the age of fourteen (14) years, KMC 1.1 0.0 60(b). Adds a newspaper publication requirement, for notice to the public, by lengthening the required notice to Council/Mayor period for calling a special meeting. Not less than four (4) days written or oral notice to Council/Mayor is required (instead of 48 hours), Kl!1C 1.10,060(a); this longer time period generally will allow newspaper publication at least one (1) day before the date of the special meeting. Provides that notice of a special meeting shall include a statement containing the date, time, and place of the meeting, along with the expected subject(s) of discussion, KMC 1.1.0.060(c). Defines "reasonable public notice" to be: (1) Publication by posting a statement of the special meeting in a minimum of three (3) public places within the City, one of which places shall be the official bulletin board of the City at City Hall, with posting to be not less than three (3) days before the meeting, KMC 1.10.060(c); (2) Publication in a newspaper of general circulation in the City, KMC 1.10.060(e); and (3) Posting to the City's web site, KMC 1.10.060(c). Provides that these reasonable public notice requirements "shall not be jurisdictional to the holding of any such meeting at which the Council has determined that circumstances exist to justify calling a special meeting on an emergency basis," meaning that a special meeting for a true emergency, as determined by the Council, will be a valid meeting even when the reasonable public notice requirements cannot be met. KMC 1.10,060(c). -14- Provides that the "City Clerk shall include in the journal of special meeting an affidavit (or affidavits) documenting service of the notice of the special meeting on the Council Members as well as the publication of the notice and agenda of the special meeting," KMC 1.10.060(d). Provides that "No business may be transacted at any special meeting except as stated in the notice of the meeting," KMC 1.10.060(e). T respectfully request your support of this subs -15- Ow 4 of NENA� SNA General Fund: Increase Estimated Revenue Appropriation of Fund Balance State Grant PERS Relief Increase Appropriations Fire Salaries Holiday Pay Medicare PERS Unemployment Insurance Workers Compensation Health Life Insurance Supplemental Retirement Total Fire CITY OF KENAI ORDINANCE NO. 2512 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $182,406.00 AND AUTHORIZING THE HIRING OF THREE ADDITIONAL FIRE FIGHTERS. WHEREAS, hiring three additional fire fighters was a priority identified during the FY 11 budget process and action was delayed pending the results of a submitted grant application; and, WHEREAS, the City received notification on August 10th that its grant application was denied; and, WHEREAS, it is in the best interest of the City and its residents to fund and hire three additional fire fighters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Non Departmental PERS 6,914.00 Total Appropriations $182 407.00 -16- Suggested by: Council 175,493.00 6,914.00 S18, 407. 0 $111,655.00 4,348.00 1,682.00 25,52 1.00 580.00 5,576.00 25,060.00 1,071.00 $175,493.00 Ordinance No. 2512 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR -17- Introduced: September 1, 2010 Adopted: September 15, 2010 Effective: September 15, 2010 KE Al, ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: August 26, 2010 Re: Ordinance 2512 -2010 Tillage with a Past, Ci' y with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 FAX: 907 283 -3014 On August 10 Fire Chief Tilly received notice that the City's grant application to fund three new fire fighter positions was unsuccessful. As discussed during preparation of FY11 Budget, Ordinance 2512 -2010 would appropriate, using local funds, funding for and authorization of the hiring of three fire fighters. Three additional fire fighters will provide one additional responder per shift for the department. $175,493 represents funding for three fire fighters for eight months resulting in a projected General Fund budget deficit of $112,807. The FY11 Budget was adopted with a projected budget surplus of $192,309. Since adoption of the FY11 Budget, FY10 outstanding encumbrances totaling $128,209 were carried forward and supplemental appropriations totaling $17,473 have been made. A full years' funding would be $274,536 at the FY11 pay scale and would have created a projected budget deficit of $68,500 for the FY 11 Budget prior to any supplemental appropriation or encumbrance being carried forward. -18- cZ/y NE AI, SK11 CITY OF KENAI RESOLUTION NO. 2010 -53 Suggested by: Admipistration A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE INITIATION OF A PUBLIC FERRY TRANSPORTATION SERVICE BETWEEN ANCHORAGE AND THE CITY OF KENAI. WHEREAS, the City of Kenai was presented with a Cook Inlet Ferry Demand Analysis by Jon Faulkner, President, Land's End and Kenai Landing, Inc.; and, WHEREAS, the presentation addressed the feasibility of a public ferry transportation service between Anchorage and the City of Kenai; and, WHEREAS, Kenai Landing, located within the limits of the City of Kenai, is a potential landing site for the Cook Inlet Fel iy; and, WHEREAS, the City of Kenai would play a vital role in facilitating a public marine transportation network servicing the Kenai Peninsula and the west side of lower Cook Inlet, requiring coordination of effort; and, WHEREAS, the City of Kenai is generally supportive of promoting residential and commercial development. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports the initiation of public ferry transportation service between the ports of Anchorage, Mat -Su, Tyonek and the City of Kenai, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September, 2010. ATTEST: Carol L. Freas, City Clerk -19- PAT PORTER, MAYOR MEMO: Thank you for your attention in this matter. "Villaye wits a Past, CL y with a Future" -20- 210 Fidalgo Avenue, Kenai, Alaska 99611- 7794 Telephone: 907- 283 -7535 FAX: 907 -283 -3014 1 1 I) i TO: City Council FROM: Rick Koch DATE: September 9, 2010 SUBJECT: Resolution 2010 -53, Support of Public Ferry Service The purpose of this correspondence is to recommend Council approval of the above referenced Resolution. Administration was provided a copy of a ferry demand analysis provided by Jon Faulkner, President of Kenai landing, Inc. The City does not take a position regarding the conclusions reached in the analysis but does support Kenai Landing, Inc.'s efforts in proposing the Kenai River Area as a terminal location for a public ferry. 1992 ITEM A: CALL TO ORDER *All items listed with an asterisk (x) 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: 1. Richard. Gentges, Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) Storage Facility Project. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 1, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai_ak.us 1. Pledge of Allegiance 2, Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled Th Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. (At its July 2I, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 Council Meeting. There is a motion to adopt active and on the floor.) 2. Ordinance No. 2509 -2010 Amending the Official Kenai Zoning Map by Rezoning Southeast 1 Southeast 1/4 Section 4, Township 5 North, Range 11 West, Seward Meridian (SE 1 /4 SE 1 /4 Sec. 4, T5N, R11W S.M.) from Rural Residential (RR) to Heavy Industrial (IH). -21- 3. Ordinance No. 2510 -2010 increasing Estimated Revenues and Appropriations in the Airport Improvement Capital Project Fund for Phase 1 of the Float Plane Basin Development. 4. Ordinance No. 2511 -2010 Increasing Estimated Revenues and Appropriations in the Congregate Housing Improvements Capital Project Fund for Replacement of the Facility's Siding. 5. Resolution No. 2010 -50 Approving a Contract to Hattenburg Dilley Linnell, LLC (HDL, LLC) for Kenai Water Treatment Plant Design Services for the Total Amount of $452,660. 6. Resolution No. 2010 -51 Approving a Contract to Wince- Corthell- Bryson Consulting Engineers for Phase One Kenai Float Plane Basin Development Project for the Total Amount of $146,000.00. 7. Resolution No. 2010 -52 Naming a Portion of Lot A, 1 -A Barron Park Subdivision Fire Addition, Daubenspeck Family Park. ITEM E: MINUTES 1. *Regular Meeting of August 18, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding S15,000 *Ordinance No. 2512 -2010 increasing Estimated Revenues and Appropriations by $182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. 4. Action /Approval Kenai City Council Student Representative Policy /Suggested Amendments 5. Action /Approval October 5, 2010 City of Kenai General Election /Election Boards for Precincts 1, 2, and 3. 6. Discussion Kenai Municipal Airport /Dock Fuel Supplier Jackson Enterprises, Inc. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission -22- ITEM 1: REPORT OF THE NrAVOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT ITEM L: ITEM M: 4. Library Commission 5. Parks Recreation Commission 6. Plan.ning Zoning Commission 7. Miscellaneous Commissions and Co a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils 1. Citizen Comments (Public comment limited to 5 minutes per speaker 2. Council Member Comments EXECUTIVE SESSION 1) A matter, the immediate knowledge of whicl i would clearly have an adverse effect upon the finances of the City of Kenai /Jackson Enterprises Fuel Supply Contract. 2) A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural Gas Storage (CINGS) Project. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ADJOURNMENT -23- Pat Porter, Mayor Hal Smalley, Vice Mayor Joe Moore Robert Molloy Barry Eldridge Ryan Marquis Mike Boyle ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. The City Clerk took roll. Present were: A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: REPLACE: ITEM G -2 with Information Item 1 Inadvertently wrongly placed. SUBSTITUTE: ITEM G -2, Purchase Orders Exceeding $15,000 Revised List adding an increase of existing purchase order/Blazy Construction related to Library Expansion Project. ADD TO: ADD AS: MOTION: KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 1, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ROLL CALL MINUTES ITEM G -4, Student Representative Policy Amendments Comments from Council Member Marquis. Information Item No. 3 Cook Inlet Ferry Demand Analysis -24- KENAI CITY COUNCIL MEET[NG SEPTEMBER 1, 2010 PAGE 2 Council Member Smalley MOVED for approval of the agenda with the changes and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. 50 ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 13-1. Richard Gentges, Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) Storage Facility Project. Mr. Gentges presented an overview of the storage facility projects purpose and need; the benefits of the project, etc.; a rezone of approximately 14 acres had been requested; they had considered 11 properties; chose the property because it would be upland and would avoid neighborhoods; the project would require state and federal approvals prior to moving ahead; and, he estimated there would be 150 -200 jobs at various times during production of the facility and when operational, would employ two to three full -time employees. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) C -1. Vince Goddard, 36605 Chinulna Drive, Kenai Stated concerns related to building the natural gas storage facility without requiring guidelines to ensure safety to the area. C -2. Sal Mattero, 1315 Chinook Drive, Kenai Mattero noted he was the President of the Friends of the Kenai Community Library and presented a check representing fundraising contributions of $185,000 (community and British Petroleum contributions) to the City to be used toward the library expansion project. -25- Porter Yes Smalley Yes REIM Moore j Yes Eldridge Yes I Marquis Mollo 1 Yes Boyle Yes KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 3 ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) D -1. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 Council Meeting. There is a motion to adopt active and on the floor.) The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. City Attorney Stearns reported the ordinance was written to better delineate and update the calling of special meetings process and reviewed the suggested amendments. Council Member Molloy referred to his memorandum included in the packet, identifying items he felt should be incorporated into the ordinance and stated his intention to request a postponement on the ordinance in order to provide a substitute. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2497 -2010 to the September 15, 2010 Council meeting. Council Member Marquis SECONDED the motion, VOTE: Yes Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. Student Representative Coffman MOTION PASSED UNANIMOUSLY. D -2. MOTION: Ordinance No. 2509 -2010 Amending the Official Kenai Zoning Map by Rezoning Southeast 1/4 Southeast 1 /4 Section 4, Township 5 North, Range 11 West, Seward Meridian (SE SE 1/4 Sec. 4, T5N, R11W S.M.) from Rural Residential (RR) to Heavy Industrial (IH). -26- Porter Yes Smalley Yes i Moore Yes Eldridge Yes Yes Marquis Yes i Molloy Yes 1 Boyle KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 4 Council Member Smalley MOVED to adopt Ordinance No. 2509 -2010 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. Vince Goddard, 36605 Chinulna Point, Kenai Spoke in opposition to the ordinance, noting the property owners` planned use for the property, its i.nter- relationship to the underground gas storage project and extraction of gas, and danger of earthquakes in the Kenai area. Goddard stated he believed the rezone should be delayed until a seismic study was completed. Ed Scarpace, Cook Inlet Natural Gas Storage Project, 401 International, Anchorage Scarpace noted the subject property would be where the compressor would be situated; there would be no wells there; pipe from the compressor would connect to the well area; the buildings, etc. to be built would be built within the International Building Code and Alaska building codes; many gas storage facilities were situated in California in large seismic zones; and, he was not aware of any seismic studies done in the Kenai area. It was reported a public hearing on the proposed rezone was held at the August 11. Planning Zoning Commission meeting and no adverse comments were stated at that time The Commission voted unanimously to recommend the rezone. Support was stated for the rezone as it was consistent with the development of the area and a Conditional Use Permit application process would look at other issues. VOTE: Yes Student Representative Coffman. MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2510 -2010 Increasing Estimated Revenues and Appropriations in the Airport Improvement Capital Project Fund for Phase 1 of the Float Plane Basin Development. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2510 -2010 and Council Member Smalley SECONDED the motion. -27- Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis j Yes Molloy j Yes Boyle Yes Porter Yes Smalley 1 Yes Moore Yes Eldridge Yes Marquis No Molloy I Yes i Boyle No KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 5 The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. The memorandum included in the packet and identifying the need for the ordinance was reviewed. VOTE: Yes Student Representative Coffman: MOTION PASSED UNANIMOUSLY. D -4, Ordinance No. 2511 -2010 Increasing Estimated Revenues and Appropriations in the Congregate Housing Improvements Capital Project Fund for Replacement of the Facility's Siding. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2511 -2010 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Concern approval of the ordinance would be an implied approval of putting vinyl siding on the building and objected to that possibili.ty. VOTE: Yes Student Representative Coffman: MOTION PASSED. D -5. Resolution No. 2010 -50 Approving a Contract to Hattenburg DiIl.ey Linnell, LLC (HDL, LLC) for Kenai Water Treatment Plant Design Services for the Total Amount of $452,660. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -50 and requested UNANIMOUS CONSENT. -28- KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 6 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council /Administration comments included: Was there a local firm that could have done this job? HDL had been involved in the project for four years. Preferred use of local companies when possible. Inspection costs would be negotiated when the project specifications were ed, along with administrative construction costs. VOTE: There were no objections. SO ORDERED. D -6. Resolution No. 2010 -51 Approving a Contract to Wince- Corthell- Bryson Consulting Engineers for Phase One Kenai Float Plane Basin Development Project for the Total Amount of $146,000.00. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -51 and requested UNANIMOUS CONSENT, Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were Council comments. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2010 -52 Naming a Portion of Lot A, 1 -A Barron Park Subdivision Fire Addition, Daubenspeck Family Park. MOTION: Council Member Moore MOVED for approval of Resolution No. 2010 -52 and requested UNANIMOUS CONSENT Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: It was important the Daubenspeck's generosity to the City be identified. Pleasure in suggesting the park name. The first phase of park development had begun; a consultant had been hired; a bid proposal for two vaulted toilets (one for the Daubenspeck Park and one for the north shore) would be out in the next week; and it was expected the park would be substantially completed by mid summer (2011). -29- KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 7 VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. Regular Meeting of August 18, 2010 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to pay the purchase orders exceeding 15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Council Member Moore reminded Council when the contract was initially awarded to Blazy Construction that Blazy Construction was a client of his employer, though he (Moore) received no financial compensation from that client. He added, he was still employed by the same employer who still had Blazy Construction as a client and he (Moore) did not receive any financial compensation from that client and stated he intended to vote on the motion.. Mayor Porter stated she agreed with Moore and allowed Moore to vote on the issue. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:16 P.M. -30- Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 8 Council Member Smalley clarified the purchase order list approved was the amended list provided at the beginning of the meeting. G -3. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by S182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. Introduced by consent agenda. G -4. Action /Approval Kenai City Council Student Representative Policy/ Suggested Amendments Council comments included: Reference made to Council Member Marquis' memorandum added at the beginning of the meeting identifying the importance of maintaining the Policy as it was with the student representative voting first. Preference for the student to vote in rotation with the Council. Amending the Policy would set a precedence to allow each representative to request a change. MOTION: Council Member Eldridge MOVED to insert the student representative into the Council voting rotation and Council Member Smalley SECONDED the motion. Council comments continued: Support of th.e amendment. Did not want the representative to vote last as the vote would not be advising Council. Initially, it was disconcerting to vote first, but would be fine voting in any order. VOTE: Student Representative Coffman: MOTION PASSED UNANIMOUSLY. Yes G -5. Action /Approval October 5, 2010 City of Kenai General Election /Election Boards for Precincts 1, 2, and 3. -31- Porter No Smalley Yes Moore Yes Eldridge No Yes Marquis Yes Molloy Yes Boyle KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 9 MOTION: Council Member Eldridge MOVED for approval of the Election Boards for Kenai Precincts 1, 2, and 3 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -6. Discussion Kenai Municipal Airport /Dock Fuel Supplier Jackson Enterprises, Inc. City Manager Koch reviewed his memorandum and information which was included in the packet related to a contract for furnishing and delivering fuel with Jackson Enterprises, Inc., effective July 1, 2007 through June 30, 2010 which included a low sulfur diesel requirement; when a new fuel supply contract was bid, it was found the diesel fuel contained in the tanks was a blend of fuels to achieve the low sulfur requirements; discussion took place with the contractor to that regard which resulted in the contractor reimbursing the City $25,503.31; Koch executed a Release of Claims against Jackson Enterprises, Inc.; and, he now believed the Release of Claims was something appropriate for Council to consider and not the city manager. Council comments included: Suggestion to ratify the action of the city manager. No interest in suing a local contractor for a misunderstanding on an agreement. MOTION: Council Member Molloy MOVED to postpone action to follow the executive session later on the agenda and come back into public session to take action. Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: MOTION PASSED. City Attorney Stearns noted the discussion would fit within the rules of holding an executive session as it would involve an evaluation of a release and the up and downsides of a that release of claims which would involve the finances of the City and should be limited to evaluating the release. -32- KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 10 ITEM 11: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging No report. H -2. Airport Commission Council Member Moore reported the September meeting had been cancelled. H -3. Harbor Commission Council Member Smalley reported the next meeting was scheduled for Monday, September 13, 2010. 11-4. Library Commission Council Member Marquis reported the next meeting was to be held on Tuesday, September 7, 2010. 11-5. Parks Recreation Commission No meeting. 11-6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the August 25, 2010 Commission meeting. 11-7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported he would be attending the AML Board meeting in Anchorage on October 8 and 9, 2010. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention Visitors Bureau Council Member Smalley reported a meeting was held on August 30, 2010 and reviewed discussions held. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported the next meeting would be held on September 7, 2010. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: A work session to review City playgrounds would be held on September 21, 2010 and begin at 6:30 p.m. Members of the Parks Recreation Commission would be attending. She made a presentation at the Kaleidoscope School and discussed city government. She attended a Knik Arm Bridge Crossing Board of Directors meeting that was held in Kenai. Reported the Industry Days picnic was very successful and suggested the Fire Department make more of a presence at the event. Suggested a portable sound system be provided for such events. _33_ KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 11 ITEM J: J -1. Board. ADMINISTRATION REPORTS City Manager City Manager Koch reported the following: He was appointed to the Alaska Natural Gas Development Authority The municipal matching grant was submitted requesting funding for water treatment improvements. Suggested a work session be scheduled to update the capital project list and another work session to meet with the area legislators. A grant application was submitted requesting funding for a building to store emergency response equipment for the Fire Department that would be situated at the dock. The project would also include a water utility extension for potable water and walkways for private boats. He planned to attend the annual ICMA meeting. The Visitors Center was planning to do a comprehensive inventory of items stored at the facility. Funding may be provided to hire a part time person to assist in the inventory. He would be meeting with a consultant related to wind energy generati who would be identifying areas to consider for studying. Council comments included: Suggestion some items from the inventory could be used to display in the historical cabins. Request for a list of administrative items needing attention. Support for making funding available for the Center's inventory. Request for a report on the City auction be provided. J -2. Attorney City Attorney Stearns reported she would be attending the American Association of Airport Executives conference and a Board of Governors meeting for the Alaska Bar Association during the next week and would be back in the office September 15. J -3. City Clerk Noted an Affidavit was included in the packet related to the July 12, 2010 special Council meeting. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) None. K -2. Council Member Comments Boyle No comments. -34- Porter I Yes Smalley Yes Moore I Yes Eldridge i Yes Marquis Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 12 Molloy Thanked the Friends of the Library for the donation and congratulated Koch for his appointment to the ANGDA Board. Marquis Noted the introduced ordinance to fund three additional fire fighters. Coffman Reported the hockey team would like the ice rink to be left open later. Eldridge Glad to see the funding from the Friends and stated he supported the rink to he kept open later. Moore Congratulated Koch on his appointment and noted the importance of the airport to the City. EXECUTIVE SESSION 1) A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Jackson Enterprises Fuel Supply Contract. 2) A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural Gas Storage (CINGS) Project. MOTION: Council Member Molloy MOVED for the City Council to convene in an executive session on a matter the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and in regard to Jackson Enterprises Fuel Supply Contract and requested the City Attorney and City Manager to attend. Council Member Smalley SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION: 9:03 P.M. BACK TO ORDER: 9:36 P.M. Council Member Molloy reported the Council met in an executive session and discussed the settlement agreement release of Jackson Enterprises. MOTION: Council Member Molloy MOVED for the Council to ratify the City Manager's action and the Release of Claims dated of July 29, 2010 between the City of Kenai and Jackson Enterprises, Inc. Council Member Marquis SECONDED the motion. -35- Porter Yes Smalley Yes I Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Boyle Porter Yes Smalley Yes Moore Yes Eldrid4ge Yes Yes Marquis Yes Molloy Yes Boyle KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 13 VOTE: MOTION PASSED UNANIMOUSLY. MOTION: Council Member Molloy MOVED the City Council convene in an executive session on a matter the knowledge of which would clearly have an adverse effect on the finances of the City and in regard to Cook Inlet Natural Gas Storage project and requested the City Attorney and City Manager to attend. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION: 9:45 P.M. BACK TO ORDER: 10:01 P.M. Council Member Molloy reported the Council met in an executive session regarding some issues related to the Cook Inlet Natural Gas Storage (CINGS) project and gave direction to the City Manager for additional negotiations. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 10:02 p.m. Minutes submitted by: Carol L. Freas, City Clerk -36- KENAI CITY COUNCIL MEETING SEPTEMBER 1, 2010 PAGE 14 *The student may cast advisory votes on all matters except those subject to executive session discussion Advisory votes shall be cast prior to the official Council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not moue or second items during a council meeting. -37- BOARD OF ADJUSTMENT HEARING AUGUST 23, 2010 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 1. Appeal Of Planning Zoning Commission Revocation of a Conditional Use Permit Lynford Disque d /b /a Circle D Restoration and Racing (Outside Storage Yard) 2021 Wyatt Way (KN E1 /2 W1 /2 NW1 /4 NW1 /4). 2. Appeal of Planning Zoning Department Issuance of Code Enforcement Action (issued under KWIC 14.20.050 and 14.20.260) -38- Board Members Present: Board Members Absent: Also Present: MOTION: VOTE: BOARD OF ADJUSTMENT HEARING AUGUST 23, 2010 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR PAT PORTER, PRESIDING 1. Appeal Of Planning Zoning Commission Revocation of a Conditional Use Permit Lynford Disque d /b /a Circle D Restoration and Racing (Outside Storage Yard) 2021 Wyatt Way (KN E1 /2 W1 /2 NW1 /4 NW1 /4). 2. Appeal of Planning Zoning Department Issuance of Code Enforcement Action (issued under KMC 14.20.050 and 14.20.260) ITEM 1: CALL TO ORDER AND ROLL CALL Board of Adjustment Chair Porter called the hearing to order at approximately 6:00 p.m.. Roll call was taken as follows: It was noted, Lyford Disque, Appellee, was absent. P. Porter, M. Boyle, R. Molloy, R. Marquis, B. Eldridge, J. Moore and H. Smalley None City Clerk C. Freas, City Attorney K. Stearns, City Manager, R. Koch ITEM 2: DISCUSSION Porter referred to City Attorney Stearns to review the rules of the hearing. She noted, the complaining party has the burden of proof and though it was unusual for the appellee to be absent from the hearing, the hearing needed to take place and the Board could uphold, modify, or reject the findings of the Planning Zoning Commission. The floor was opened for questions of staff which included: Had anyone spoken with Mr. Disque during the day. Answer was no. Was Mr. Disque sent a Notice of Appeal? Answer was yes. The Notice was forwarded to him via certified mail and the return receipt had been received. Board Member Smalley MOVED for the board of Adjustment to convene into adjudicative session to review the issue before them. Attorney Stearns was requested to attend the session with the Board. Board Member Marquis SECONDED the motion. -39- Porter Yes Smalley Yes Moore Yes Eldridge Yes Yes Marquis Yes Moller Yes Boyle MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION: 6:25 P.M. BACK TO ORDER: 6:48 P.M. Board Member Moore stated a potential conflict of interest as he was related to one of the adjacent property owners, i.e. Tom Moore, he had no financial benefit with regard to his brother's business, nor did he receive any benefit from his brother's ownership of his property, which was adjacent to the Appellee's property. Moore stated he felt he had no conflict of interest. Chair Porter stated she agreed with Moore and resolved he had no conflict of interest. Board Member Smalley reported. the Board met in adjudicative session with regard to the matter before them and give direction to the City Attorney. Porter noted the Board would render its decision within 30 days and copies of the decision would be available on the City website and forwarded to any who gave testimony as well as Mr. Disque. ITEM 3: ADJOURNMENT There being no further business to come before the Board, the hearing was adjourned at approximately 6:50 p.m. Minutes submitted by: Carol L. Freas, City Clerk -40- z f9 o O U w N Z U Z w a o w o 0 O O LL vi 64 D Z O w E Z WI U E Z 0. 0 1- z 0 d" z 0 0 0 Z 0 d U w N J 0 0 -41- w a to w cc 0 0 0 2 w 7 1 0 cc 0. a J 0 z 0 0 W W Z U_ 2 o eel 0 0 0 ea 0 0 uJ w 0 w N Q S 0 z Q5 r ORDINANCE NO. 2513 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,300 IN THE GENERAL FUND FOR POLICE FORENSIC EQUIPMENT REIMBURSEMENTS FROM INTERNET CRIMES AGAINST CHILDREN (ICAC). WHEREAS, the Kenai Police Department is an active member in good standing with the Federal Internet Crimes Against Children (ICAC) task force; and, WHEREAS, the regional coordinator for ICAC has agreed to reimburse the City of Kenai up to $3,300 for the purchase of computer forensic equipment that will assist investigators in crimes against children cases; and, WHEREAS, the equipment was not budgeted in the FY 11 budget; and, WHEREAS, the Police Department is requesting appropriation of $3,300 to the General Fund, Police Small Tools account to cover the costs of the investigative equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Police Federal Grants ATTEST: CITY OF KENAI Suggested by: Administration $3,300 Increase Appropriations: Police Small Tools $3,300 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October. 2010. Carol L. Freas, City Clerk by Finance: /C. U PAT PORTER, MAYOR -43- Introduced: September 15, 2010 Adopted: October 6, 2010 Effective: October 6, 2010 the utnf KEN \ALASKA MEMO: with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 0. Telephone: 907 283 -7535 FAX: 907 283 -3014 1992 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief /a-e DATE: 9/2/10 SUBJECT: Request ordinance appropriating anticipated reimbursement funds from Internet Crimes Against Children (ICAC) For several years the Kenai Police Department has been a member of the Internet Crimes Against Children (ICAC). ICAC is a network of law enforcement agencies who investigate Internet crimes against children. Participating agencies also provide awareness and prevention education in the community. The ICAC regional coordinator in Anchorage has agreed to reimburse the Kenai Police Department up to $3,300 for computerized investigative equipment that will assist officers of the Kenai Police Department as they investigate crimes against children cases. For several years, the ICAC regional coordinator has received federal funding to disperse to participating law enforcement agencies for ICAC equipment and training. The Kenai Police Department has received equipment and training reimbursements from ICAC on multiple occasions in the past. The investigative equipment to be purchased was not budgeted in the FY11 budget. I am requesting an ordinance appropriating $3,300 into the General Fund, Police Small Tools account to cover the costs of purchasing the equipment. ICAC will reimburse the City of Kenai upon proof of purchase and receipt of the equipment. ,Sunday M uday Tuesday Wednesday Thursday SaUMW 2 S Aug 2010 Oat. 2010 9 M 'C W T F' 5 5 M T W T 0 5 CITY COUNCIL MEETING, 7P, 1 2 3 4 5 6 7 1 2 COUNCIL 8 9 1 0 0 1 1 2 1 3 1 4 3 4 5 6 7 8 9 CHAMBERS 15 16 17 18 19 20 21 10 II 12 13 14 15 16 22 23 24 25 26 27 28 17 18 1 9 20 21 22 23 7,9 si131 24 2526 27 28 29 30 31 5 6 7 8 9 10 I1 HOLIDAY /CITY Library PLANNING Airport OFFICES Commission ZONING Commission CLOSED Meeting, 7p, Council Chambers COMMISSION MEETING, 7P, COUNCIL Meeting, 7P, Council Chambers CHAMBERS Council en Aging Mooting, 7p, Senior Center 1 2 13 14 15 16 17 18 Harbor Beautification CITY COUNCIL Advisory Commission Committee MEETING, 7P, Cemetery Meeting, 7p, Meeting, 7p, COUNCIL Committee Council Council CHAMBERS NO MEETING Chambers Chambers SCHEDULED. 1.9 het 22 23 24 25 PLANNING Y ZONING COMMISSION MEETING, 70, COUNCIL CHARMERS S /1 26 7 7 3' 30 September 2010 COUNCIL /COMMISSION MEETING CALENDAR -45- Sunday' Monday Tuesday Wednesday Thursday Friday Saturday S cp 2010 S hi T W T F S Nov 201 S M 1" W T F S 1 2 3 4 5 6 7 8 9 10 11 12 17 14 55 16 12 18 19 20 21 22 23 24 2,5 26 27 28 29 50 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 58 19 20 21 22 25 24 25 26 27 28 29 30 I H 4 5 Library Commission Meeting, 7p, Council Chambers 6 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 7 Parks Recreation Commission Meeting,7p, Council Chambers 8 9 10 11 Harbor Commission Meeting, 7p, Council Chambers 12 I13 i14 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS Airport Commission council g, 7n, Chambers Council on A9lnq Meeting, 43Op, senior Center 15 16 17 (18 19 20 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 21 Advisory Cemetery Committee NO MEETING SCHEDULED 22 23 24 25 26 27 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 28 29 30 Ipterra 31 October 2010 COUNCIL /COMMISSION MEETING CALENDAR -46- Sunday Tuesday Wednesday Tfiursday Ffiday Sdtarday 1 2 3 4 S 6 ELECTION CITY COUNCIL DAY MEETING, 79. COUNCIL Library CHAMBERS Commission Meeting, 7p, Council Chanters 7 8 9 10 11 12 13 Harbor PLANNING HOLIDAY /CITY Commission ZONING OFFICES Meeting, 7p, Council COMMISSION MEETING. 7P, CLOSED Chambers COUNCIL CHAMBERS 14 15 16 17 18 19 20 CITY COUNCIL a ee y °n g a�n" MEETING, 7P, C,tnm... COUNCIL CHAMBERS c mou�rmmmit. HEOULE0 Counen on AVM MbINp clops n,ar 21 22 23 24 25 26 27 PLANNING HOLIDAY /CITY HOLIDAY(CITY ZONING OFFICES OFFICES COMMISSION CLOSED CLOSED MEETING, 79, COUNCIL CHAMBERS 28 29 30 Oc0 261n DCC201O S R 1 T W T P S S M T W T F S 9 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 0 9 10 01' 10 11 12 'i3 ib 1.5 16 12 13 14 15 It 17 10 17 18.19 20 21 22 23' 19 7 {1'21 22 23 24 25 24 25 26 27 28 29 30, 26 27 28 2,9 30 31 31 November 2010 COUNCIL /COMMISSION MEETING CALENDAR —47— December 2010 COUNCIL /COMMISSION MEETING CALENDAR -48- Sunday Monday Tuesday Wednesday I Thursday Friday Saturday Nov 2010 San 2011 S M 'I' W T P 3 S Si T 13 T 1' S CITY COUNCIL MEETING. 7P, 1 2 3 4 5 6 i COUNCIL 7 8 9 10 1 1 12 43 2 3 4 5 6 3 8 CHAMBERS 14 13 16 17 18 19 20 0 10 11 12 13 14 15 21 22 23 24 28 26 27 16 17 18 19 211 21 22 28 29 30 23 24 25 26 27 28 29 30 ,31 6 7 8 9 10 11 Harbor PLANNING Airport Commission ZONING commission Meeting, 7p, COMMISSION Meeting, 7p, Council Chambers Council MEETING, 7P, Chambers COUNCIL CHAMBERS Counall on Aging Mee1ng, 4 ;3O!, Senior Center 12 13 14 15 16 17 18 PLANNING Cemetery ZONING Committee COMMISSION. NO MEETING 7P, COUNCIL SCHEDULED. CHAMBERS 19 1 0 21 22 23 24 25 PLANNING HOUDAYICITY ZONING OFFICES COMMISSION CLOSED MEETING, 7P, COUNCIL CHAMBERS 26 27 Co N, 29 30 31 ftate December 2010 COUNCIL /COMMISSION MEETING CALENDAR -48- Carol Freas From: Gary Foster [gkfoster @acsalaska.ret] Sent: Tuesday, September 07, 2010 12:17 PM To: Carol Freas Subject: Resignation Letter Dear Carol, I am going to leave this week to take care of my ailing Mother in California. The schedule and timing is very much in the air, so I think it is appropriate for me to respectfully resign from my position on the Harbor Commission. I have enjoyed working with everyone associated with the City and specially the members of the Commission. Thank you for the opportunity to serve. Sincerely, Gary Foster 1 -49- RECEIVED SEP -7 2010 KENAI CITY CLERK KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS SEPTEMBER 7, 2010 7:00 P.M. a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. October 5, 2010 ITEM 9: COMMISSION COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEM 12: ADJOURNMENT -50- PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY August 3, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a, Discussion Policies for Use of Meeting, Study and Conference Rooms ITEM 6: NEW BUSINESS a. Discussion Videocassettes ITEM 7: REPORTS a. Kenai City Council Action Agenda Items from August 4 and 18, 2010. b. Friends of the Library Board Meeting Minutes from August 10, 2010 c. Glaser Method Summary and Priorities Town Hall Meeting d. Library Expansion Floor Plan e. Alaska Public Library Annual Report ITEM 1: Vice Chair Glidden called the meeting to order at appronately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: MOTION: ITEM 4: ITEM 5: 5 -a. KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS SEPTEMBER 7, 2010 7:00 P.M. VICE CHAIR KIMBERLY GLIDDEN, PRESIDING MEETING SUMMARY CALL TO ORDER ROLL CALL -51- C. Brenckle, K. Glidden, R. Peters, S. Harris C. Fanning (arrived at 7:17 p.m.) E. Bryson, J. Bookey Library Director M. Joiner, Council Member R. Marquis Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY August 3, 2010 Commissioner Peters MOVED to approve the meeting summary of August 3, 2010 and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion Policies for Use of Meeting, Study and Conference Rooms Library Director Joiner reviewed the sample policies included in the packet and general discussion followed. ITEM 6: NEW BUSINESS 6 -a. Discussion Videocassettes Joiner reported videocassettes were not circulating and not current, and discussion occurred regarding their disposal. ITEM 7: REPORTS 7 -a. Director Joiner reported the Friends of the Library presented a check to the City in the amount of $185,000.00 at the September 1, 2010 City Council Meeting; the raffle would be October 22 and 23; Sunday hours would resume beginning September 12; and, reported on sessions she attended at the Pacific Northwest Library Association Conference. 7 -b. City Council Liaison Council Member Marquis reviewed the action agenda items of the past three City Council meetings. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. October 5, 2010 Commissioners Peters, Harris, and Fanning reported they would absent from the October 5, 2010 meeting. MOTION: Commissioner Glidden MOVED to request the October 5, 2010 Library Commission meeting be cancelled and Commissioner Harris SECONDED the motion. There were no objections. SO ORDERED. Commissioners requested the November meeting be rescheduled from November 2 to November 9, 2010. Joiner reported she would contact the City Clerk with the request. ITEM 9: COMMISSION COMMENTS /OUESTIONS A discussion took place relating to meeting attendance, including the following: Code definition of policy regarding absences and excused absences. Number of missed meetings by some members. Calling the City Clerk or Library Director to notify a meeting will he missed. Liked "Next Meeting Attendance Notification" that is now part of the agenda. ITEM 10: ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD None INFORMATION 11 -a. Kenai City Council Action Agenda Items from August 4 and 18, 2010. 11 -b. Friends of the Library Board Meeting Minutes from, August 10, 2010 11 -c. Glaser Method Summary and Priorities Town Hall Meeting -52- LIBRARY COMMISSION MEETING SEPTEMBER 7, 2010 PAGE 2 11 -d. 11 -e. Library Expansion. Floor Plan Alaska Public Library Annual Report ITEM 12: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:17 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk -53- LIBRARY COMMISSION MEETING SEPTEMBER 7, 2010 PAGE 3 1. CALL TO ORDER: a. Roll Call b. Agenda. Approval c. Consent Agenda d. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 8, 2010 7:00 p.m. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) a. Colleen Ward, Mark Schrag, Chuck Winegarden Conditional Use Permits b. Colleen Ward, Mark Schrag, Chuck Winegarden. Land Use Tables c. Carolyn Unger— Banning Outdoor Wood Burning Boiler Furnaces *All items listed with an asterisk are considered to be routine and non controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. "APPROVAL OF MINUTES: a. *August 25, 2010 4. CC)NSIDERATION OF PLATS: PENDING APPROVAL 5. PUBLIC HEARINGS: a. PZ10 -36 An application to rezone approximately 1023.8 acres of' land located along Bridge Access Road and adjacent to the Kenai River including Parcel Numbers 04945003 (Tract B City of Kenai Boat Ramp ROW Dedication), 04945004 (Tract C City of Kenai Boat Ramp ROW Dedication). 04945005 (Tract D, City of Kenai Boat :Ramp), 04910014 (Gov't Lots 6, 7, 10 SEI /4 SEI. /4IN SEC 8 Gov't Lot 6 SEI /4 NE1 /4 SE1 /4 NEI /4 SW I/4 81/2 SW1 /4 IN SEC 9 Gov't Lot 1 4 THRU 6 NE1 /4 NEI /4 IN SEC 17 EXCLUDING THE KENAI RIVER CROSSING ROW BUT INCLUDING THAT PTN IN SEC 9 AS PER COMISSION ER DEED 0359 i s 920), and 04910051 (Gov't Lot 7 IN SEC 4 Gov't Lot 9 THRU 11 IN SEC 5 Gov't Lot 4 THRU 14 SE1 /4 SEI /4 NEI /4 E1 /2 El /2 SE1/4 IN SEC 7 Gov't Lot 1 THRU 5 N W 1 /4 NE U4 /4 S W 1 /4 NV/1/4 IN SEC 8 Gov't Lot 4 IN SEC 9 EXCLUDING THEREFROM KENAI SPIT SUB NO 2 THAT PORTION AS PER QC /D 33 /a) 81). Rezoning from Heavy Industrial and Rural Residential to Conservation. Application submitted. by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Town. Hall Meeting Results. Discussion. b. PZI 0 -38 a resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend KMC Chapter 3, Animal Control, Section 3.05.010, Definitions, to include in the definition for commercial kennels and private kennels and to amend KMC 3.15. To: I.) Provide that property owners within 300 feet of a parcel that is subject of a dog kennel license application -54- Agenda Page 2 September 8, 2010 or application to renew a kennel license be notified of the application, and 2) Provide a process for a property owner within 300 feet to request a hearing to determine if the permit should be issued; and 3) Setting out the appeal process for any aggrieved party. Discussion /Set Public Hearing. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11.. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: September 22, 2010 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: -55- ITEM 1: A quorum was present. 1 -b. ADD: MOTION: 1 -c. MOTION: 1 -d. CITY OF KENAI PLANNING ZONING COMMISSION SEPTEMBER 8, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at appro 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: Agenda Approval Consent Agenda *Excused Absences -56- mately 7:00 p.m. K. Koester, R. Wells, J. Twait, P. Bryson, K. Rogers, G. Broolcman S. Romain (excused) Assistant to City Planner N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall Commissioner Wells read the following changes to the agenda: 1 -d, Excused Absences Scott Rotnain 5 -a. PZ10 -36 Memo from applicant removing application 5 -b. PZ10 -38 Memo from Administration postponing scheduling a public hearing of Kennels Commissioner Wells MOVED to approve the agenda with additions and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. Commissioner Brookman MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion, There were no objections. SO ORDERED. Approved by consent agenda. *All items listed with an asterisk are considered to be routine and, non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders, ITEM 2: *APPROVAL OF MINUTES August 25, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT (Note: Item 3 -b was heard before Item 3 -a during the meeting.) 3 -a. Colleen Ward, Mark Schrag, Chuck Winegarden Conditional Use Permits Mark Schrag, 312 Princess, Kenai Spoke regarding the history of Conditional Use Permits within the City, noting the following recommendations to the Commission: Applicant of the Conditional Use Permit (CUP) must petition the surrounding land owners. The notice to public should increase from 300 feet to 500 feet from the property. The actual notice should be larger and easier to read and include the physical address, not just parcel number. Public notices should be sent ten days prior to the hearing rather than seven. Notification should be by certified mail at applicant expense. Adjacent neighbors should be given time to respond to the application. Development should be similar to current uses within the zone, Plans should include traffic patterns and street addresses. Hearings should be held to determine changing the Land Use Table. 3 -b. Colleen Ward, Mark Schrag, Chuck Winegarden Land Use Tables Colleen Ward, 708 Magic, Kenai Spoke regarding the history of Land Use Tables within the City, noting the following recommendations to the Commission: Realign the Land Use Table with the Comprehensive Plan. Use the Comprehensive Plan process to establish zoning parameters to support growth. Begin the revision with the RR1 Zone. 3 -c. Carolyn Unger Banning Outdoor Wood Burning Boiler Furnaces PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 2010 PAGE 2 -57- Carolyn Unger, 1076 Walnut, Kenai Gave a presentation on outdoor wood Burning boiler furnaces, noting concern with lack of regulation on installation and suggested the Commission develop an ordinance and regulations on installation. ITEM 4• ITEM 5: 5 -a. CONSIDERATION OF PLATS None PUBLIC HEARINGS PZ10 -36 An application to rezone approximately 1023.8 acres of land located along Bridge Access Road and adjacent to the Kenai River including Parcel Numbers 04945003 (Tract B City of Kenai Boat Ramp ROW Dedication), 04945004 (Tract C City of Kenai Boat Ramp ROW Dedication), 04945005 (Tract D, City of Kenai Boat Ramp), 04910014 (Gov't Lots 6, 7, 10 SE1 /4 SEl /4 IN SEC 8 Gov't Lot 6 SE1 /4 NE1 /4 SE1 /4 NE1 /4 SW1 /4 S1 /2 SW1 /4 IN SEC 9 Gov't Lot 1 4 THRU 6 NE1 /4 NE1 /4 IN SEC 17 EXCLUDING THE KENAI RIVER CROSSING ROW BUT INCLUDING THAT PTN IN SEC 9 AS PER COMISSION ER DEED 0359 e 920), and 04910051 (Gov't Lot 7 IN SEC 4 Gov't Lot 9 THRU 11 IN SEC 5 Gov't Lot 4 THRU 14 SE1 /4 SE1 /4 NE1 /4 86E1/2 E1 /2 SE1 /4 IN SEC 7 Gov't Lot 1 THRU 5 NW1 /4 NE1 /4 SW1 /4 NW1 /4 IN SEC 8 Gov't Lot 4 IN SEC 9 EXCLUDING THEREFROM KENAI SPIT SUB NO 2 THAT PORTION AS PER QC /D 33 81). Rezoning from Heavy Industrial and Rural Residential to Conservation. Application submitted by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Chair Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. It was reported, the application had been withdrawn by the applicant and no discussion occurred. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion Town Hall Meeting /Results. Assistant to City Planner Carver reviewed the information included in the packet. 7 -b. Discussion /Set Public Hearing PZ10 -38 A Resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend KMC Chapter 3, Animal Control, Section 3.05.010, Definitions, to include in the definition for commercial kennels and private kennels and PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 2010 PAGE 3 -58- to amend KMC 3.15. To: 1) Provide that property owners within 300 feet of a parcel that is subject of a dog kennel license application or application to renew a kennel license be notified of the application, and 2) Provide a process for a property owner within 300 feet to request a hearing to determine if the permit should be issued: and 3) Setting out the appeal process for any aggrieved party. Postponed by Administration. ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the action agenda items of the September 1, 2010 City Council meeting, noting the presentation on the Cook Inlet Natural Gas Storage Facility and the passage of the rezone. 9 -b. Borough Planning Commissioner Bryson noted the next Borough Planning Commission meeting would be September 13, 2010. 9 -c. Administration No report. ITEM 10: PERSONS PRESENT NOT SCHEDULED Vincent Goddard, 36605 Chinulna, Kenai Voiced concern regarding the Cook Inlet Natural Gas Storage Facility, noting the company's refusal to look at geophysical seismic standards and requested the Commission to require a seismic study as part of the Conditional Use Permit. ITEM 11: INFORMATION ITEMS 11 -a. Zoning Bulletin July 10, 2010 ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. September 22, 2010 Commissioners Twait, Wells and Bryson noted they would not be attending the September 22, 2010 Commission meeting. ITEM 13: COMMISSION COMMENTS QUESTIONS The Commissioners expressed their appreciation to the presenters. ITEM 14: ADJOURNMENT PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 2010 PAGE 4 -59- MOTION: Commissioner Wells MOVED to adjourn and. Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED There being no further business before the Commission, the meeting was adjourned at approtmately 8:10 p.m. Minutes prepared and submitted. by: Lorene Hall., CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 2010 PAGE 5 -60- REPORT OF 1 CITY MANAGER ai ICE* ALASKA To: Rick Koch, City Manager 7 /From: Terry Eubank, Finance Director Date: September 9, 2010 Re: Monthly Report FINANCE DEPARTMENT MID -MONTH REPORT September 2010 FY2010 yearend procedures are in full swing. The majority of the department's efforts are focused on yearend procedures and financial statement preparation. The annual audit is scheduled for the week of September 27th at which time a complete draft of the City's Comprehensive Annual Financial Report will be ready. Compilation of financial information related to the 2010 Dipnet Fishery is underway for completion of the annual dipnet report. In preparation for the September 28 work session on City fees and credit card acceptance, the department is compiling a schedule of fees and will be making recommendations for potential fee adjustments. The fiber optic link between the City's Public Safety, City Hall and Library buildings is complete. Plans are being made for utilization of this connection. Plans include shared internet connectivity and shared data back -up services between the sites. the ci of KENAALASKA POLICE DEPARTMENT MID -MONTH REPORT -63- August 2010 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief ores DATE: 9/7/10 SUBJECT: Police Communications Department Activity August 2010 Police handled 659 calls for service (down from 741 in August 2009). The Communications Center received 285 emergency 9 -1 -1 calls (183 from cell phones). Approximately 3,634 administrative calls were processed by Communications personnel. Officers made 65 arrests and wrote 335 reports. Traffic enforcement resulted in 124 warnings, 19 speeding tickets, 2 seatbelt tickets, 10 citations for equipment violations, and 32 citations for "other" traffic violations, Due to significant investigations and work load, crash data is not yet compiled for August. Officer Morgan Tuttle has finished her first month at the DPS academy in Sitka, and is doing well in the rigorous academy setting. The Police Department is advertising through Alaska Jobs for one police officer vacancy. Dispatcher Andrea Trujillo completed training this month, which puts the Communications Center at full staffing. On August 25, Sgt. Kelly George attended a bear safety seminar at the Kenai River Center in Soldotna. Officers continue to work Click it or Ticket and DUI overtime patrols (reimbursed to the City by the Alaska Highway Safety Office). the u"t KEN SKA ANIMAL CONTROL REPORT August 2010 2010 2009 2010 2009 STRAY 78 75 ADOPTED 45 56 Dogs 49 41 Dogs 30 22 Cats 29 33 Cats 12 29 Other Animals 0 1 Other Animals 3 5 RELEASED BY OWNER 42 34 CLAIIVIF,D 23 12 Dogs 27 15 Dogs 21 12 Cats 12 15 Cats 2 0 Other Animals 3 4 Other Animals 0 0 D.O.A. 11 6 EUTHANIZED 50 41 Dogs 6 3 Dogs 26 22 Cats 4 1 Cats 24 19 Other Animals 1 2 Other 0 0 TOTAL ANIMALS 131 115 Other Disposition 2 1 Borough Animals 35 25 Field Investigations 93 67 Total Dogs 82 59 Volunteer hours 122 71 Total Cats 45 49 Total phone 549 568 Total Other 4 7 Kennel Permits 0 0 Community Involvement Projects: 1. Peninsula Community Health Services Dog Walkers. 2. Officer Christi Matti gave an Animal Care /Training discussion at the Kenai Juvenile Detention Facility on 08/13/2010. -64- the cit of KENAI,AALASKA FIRE DEPARTMENT MID -MONTH REPORT September 2010 As mentioned in last month's report, we finalized the work with the ISO representative, We have one report still pending to send him but we hope we will have the final report back from his company soon. We organized and had three members of our department attended a Hazardous Materials "Train the Trainer" class. This has supplied us with three instructors for this State certified class. We continue to host car seat checkups for Safe Kids and two Fire Department car seat technicians will be attending continuing education classes for their certifications. Engineer Satathite continues to work and train with our local CERT group. We are planning another community drill for October to simulate a post tsunami disaster for this group. We will also be coordinating the drill for inclusion of the local National Guard. We are planning for the hiring process for our three new members. The entire department is looking forward to it and will be involved with the entire testing process. We hope to bring three well trained, enthusiastic and professional employees to the City's ranks. the cu'ty of KENAI, ALASKA August Circulation Figures Adult Fiction 2,387 Internet Access 1,884 Adult Non- Fiction 1,380 Music 180 Periodicals 132 Puzzles 0 Juvenile Fiction 758 Videos Juvenile Non-Fiction 287 DVDs Easy Fiction 1,110 Audio books Easy Non Fiction 226 Miscellaneous Interlibrary Loan 41 Computer Programs Total Print KENAI COMMUNITY LIBRARY MID -MONTH REPORT SEPTEMBER 2010 6,321 Total Non -Print 277 2,836 217 88 14 5,496 Total Circulation 11,817 In -House circulation 306 Library Door Count 8,848 Downloadable Audio 251 Downloadable EBooks 25 Total circulation increased 3% over the same period last year, although DVD circulation for the month of August 2010 was 39% higher than in August 2009. The circulation of videocassettes decreased by 30% over the same period. Income Fines 1,110.41 Xerox 70.00 Lost /Damaged 114.94 Test Proctoring Fee 100.00 Printing 319.25 Total income 08/10 1,714.60 Adult Programs 2 Persons 2 Children's Family Programs..., 6 Attendees 97 -66- Library Cards Issued August 2010 Internet Only 30 Anchor Point 2 Clam Gulch 3 Kasilof 6 Kenai 81 Nikiski 8 Ninilchik 3 Soldotna 13 Sterling 5 Non Resident 12 Organization Other 21 Total 184 1r city of KENAI. ALASKA v CAPITAL PROJECT MANAGER MID -MONTH REPORT September 2010 The status of the projects is as follows: Kenai Community Library Expansion Proiect Architecture by ECl/Hyer, Inc. Construction contract was awarded to Blazy Construction, Inc Notice to proceed was issued on April 19. Construction is progressing on schedule with walls erected roofing in place, plumbing, HVAC are continuing to rough in. The re roofing of the exiting library has been added with change order 2 and abatement and soffit demo are underway. Bridge Access Road Water Sewer Main Extension Engineered by Wm. J. Nelson Associates. The Construction Contract was awarded to North Star Paving and Construction Inc. The notice to proceed was signed on January 18, 2010. Construction is currently under way with the water project at 97% complete and the sewer project at 92% complete; project will he completed in September. Lawton Drive Water Extension Proiect Engineered by Wm. J. Nelson Associates. The Construction Contract was awarded to North Star Paving and Construction inc. The Notice to Proceed was issued on February 16, 2010. All piping is installed and road reconstruction and seeding is complete, with final punch list items remaining. Water Treatment Facility (Arsenic Ground Water Study) Engineered by HDL with Pilot studies by HDR. The Well 2 Aquifer Study report is complete. And the Arsenic Ground Water Study has come to completion. The design of the facility has been awarded to HDL at the September 1. Council Meeting. South Beach Dunes Fencing This is an American Recovery and Reinvestment Act (ARRA) funded project administered by U.S. Fish and Wildlife Service. The contract was awarded to Holden Company on May 19 for $62,028.00. The project was completed on July 9, prior to the opening of Dip Net Season. Final close out paperwork is under way. r Multi Use Facility Lighting Upgrade This is an American Recovery and Reinvestment Act (ARRA) funded project administered by Department of Energy. Bid documents were released and bids were opened on June 9, 2010 with 6 bids received.. The contract was awarded to Kachemak Electric on June 16 for $58,587.00. The submittal process is complete and materials have been ordered and will be installed during the scheduled construction window beginning September 25 and ending on October 9 for work over the ice surface. Water and Sewer Rate Study Update —The Notice to Proceed was issued on March 15, 2010. Documents requested have been provided to the consultant for analysis. Togiak to Beaver Loop Water Extension Project Engineering by Wm. J. Nelson Associates. This is the continuing extension of the Lawton Drive Project. Currently the NEPA process is underway; as required by the State and Tribal Assistance Grant (STAG), with the design drawing necessary for the NEPA process completed and under review the initial 30 day comment period on scoping started August 5 once the NEPA process is approved, the Work Plan will be submitted to the EPA Project Officer. Once the Work Plan is approved the project will be put out to bid. Personal Use Fisheries Capital Proiect— Funded by approval of Ordinance 2481 -2010 on May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The additional restrooms plans and wavers have been submitted to ADEC and permit should be issued by September 20` The project will be put out to bid in late September. The replacement bridge for the trail is on site with installation scheduled for later this year -67- Vintage Pointe Water Damage Project— Funded by approval of Ordinance 2483 -2010 on May 19, 2010. The design contract was issued June 7" to Klauder Company Architects, Inc. The Project was bid on July 27" and the contract was awarded to Holden Company on August 2 for 81.42,486.00. Notice to proceed was issued on August 26` City Facility Wind Generation Study— Engineering by RSA Engineering, INC, Preliminary data gathering is complete with site specific analysis and additional data gathering underway. Sites under analysis are Beacon, Kenai Visitor Center, Senior Center Vintage Pointe, Waste Water Treatment Plant, Multi -Use Facility Challenger, and Well 2. Baron Park Drive (Kenai: Various Road Improvements)— Engineering by FIDE, Bid by ADOT &PF on August 20, five bids were received with the low bid of $775,607.00 by Alaska. Road Builders. NTP is expected in early October. Main Street Reconstruction Engineered by Wm. J. Nelson Associates. The Contract was initiated on August 11, 2010. Boring is scheduled to occur in Mid September concurrent with Baron Park Drive Boring. Central Heights Roadway Lighting Storm Water Improvements Engineered by Wm. J. Nelson Associates. The Contract was initiated on August 31, 2010. Boring is scheduled to occur in Mid September concurrent with Main street Reconstruction Boring. Marathon Park Phase 1 (Daubenspeck Family Park) Engineered by Wm. J. Nelson Sc. Associates. The Contract was initiated on August 31., 201.0. Surveying and design are underway -68- Airport Manager's Report For September 2010 Airport Proiects: Apron Rehabilitation: ARB has completed the north ARRA funded portion of the project and the grant will be closed out by the end of September. At the end of August, the ARRA construction project closed out under budget around $4200. ARB is currently working in the last work area south of the terminal and is about 75% complete balancing the crushed asphalt and D1 blended sub base. Crushed aggregate base rock placement should start late the week of September 7 and paving is expected the week of September 20 Final work items should be complete by the end of September or early October. The FAA portion of this project, including all the change orders, is now valued at $4,832,239. Runway painting will be completed next spring. Float Plane Basin Facility Improvement Project: FAA grant offer has been received for the Phase 1 Float Plane Basin Development. This grant will encompass the EA, design of taxiways S T and the 4 street realignment and lease lots. Design will be performed over the winter season. Master Plan The professional services contract is being reviewed and a kickoff meeting is presently scheduled for October 14 The project is estimated to conclude in 2012. KMA Website Airport Virtual Tour The airport will be updating the website and the virtual tour located on the home page. If you have any suggestions to make either site a better resource for the airport please contact the office at 283 -7951. Caring for the Kenai Airport Bird Dog: "Rose" the airport bird dog has returned home to Sacramento, California. She was a very popular member of the airport staff and she is missed. The project budget was $4,255 and went over $234 due to the air travel costs of Rose's return trip. The airport paid the overage. Olivia was sad to see her project come to an end. She enjoyed her job (earning approx. $2,200) learning the day to day operations of an airport and hopes other airports will consider using a dog for bind hazing. Attached s a hazing report reflecting Rose's efforts on the job. 2010 -09 -69- DATE TIME AREA COUNT SPECIES BEHAVIOR COVER TYPE ACTION METHOD DID SPECIES RETURN 6/16/10 7:40 C1 80 Mew Gull Grazing Grass /Pvmt Haze Dog Yes 6 /16 /10 7:50 0 60 :Mew Gull Grazing Grass /Pvmt Haze Dog No 6/16/10 9:00 C7 12 'Mew Gull Grazing Pavement Haze Dog No 6/17/10 8:00 C4 15 Mew Gull Grazing Pavement Haze Dog No 6/18/10 7:40 C2 80+ :Mew Gull Grazing Pavement Haze Dog Yes 6/18/10 7:50 C7 60 'Mew Gut Grazing Pavement Haze Dog Yes 6/18/10 9:45 C2 20 '.Mew Gull Grazing Pavement Haze Dog No 6/19/10 10:00 C2 60 Glaucous Grazing Grass Haze Dog No 6/19/10 10:05 C6 40 Glaucous Grazing Grass Haze Dog Yes 6/19/10 11:30 C3 20 Glaucous Grazing Grass Haze Dog No 6/21/10 8:15 C3 15 Glaucous Grazing Pavement Haze Dog No 6/21/10 10:00 CS 20 Glaucous Grazing Pavement Haze Dog Yes 6/21/10 10:10 0 20 Glaucous Grazing Pavement Haze Dog Yes 6/21/10 10:15 C1 20 Glaucous Grazing Grass /Pvmt Haze Dog No 6/21/10 12:30 CS 20 Glaucous Grazing Pavement Haze Dog Yes 6/21/10 12:35 C4 15 Glaucous Grazing Pavement Haze Dog Yes 6/21/10 12:40 C3 15 Glaucous Grazing Pavement Haze Dog No 6/21/10 2:20 0 20 Glaucous Grazing Grass Haze Dog Yes 6/21/10 2:25 C6 20 Glaucous Grazing Grass Haze Dog Yes 6/21/10 2:30 C7 12 Glaucous Grazing Grass Haze Dog Yes 6/21/10 2:35 C3 15 Glaucous Grazing Grass Haze Dog No 6/21/10 2:40 0 13 Glaucous Grazing Grass Haze Dog Yes 6/22/10 1:00 CS 14 Glaucous Grazing Pavement Haze Dog Yes 6/22/10 3:00 C4 15 Glaucous Grazing Grass /Pvmt Haze Dog Yes 5/22/10 3:15 C1 20 Glaucous Grazing Pavement Haze Dog Yes 6/22/10 3:30 C3 20 Glaucous Grazing Pavement Haze Dog Yes 6/23/10 I 1:50 C1 20 Mew Gull Grazing Pavement Haze Dog Yes 6/23/10 1:55 C2 25 Mew Gull Grazing Pavement Haze Dog Yes 6/23/10 2:00 C7 25 Mew Gull Grazing Pavement Haze Dog No 6/23/10 3:35 C2 30 Mew Gull Grazing Pavement Haze Dog Yes 6/23/10 3:42 C5 40 Mew Gull Grazing Grass Haze Dog Yes 6/23/10 3:45 0 35 Mew Gull Grazing Grass Haze Dog Yes 6/23/10 3:50 02 20 Mew Gull Grazing Grass Haze Dog Yes 6/23 /10 4:35 O. 40 Mew Gull Grazing Grass Haze Dog Yes 6/23/10 4:40 C3 30 Mew Gull Grazing Grass Haze Dog Yes 6/24/10 1:00 C6 12 Glaucous Grazing Pavement Haze Dog Yes 6/24/10 1:15 C7 12 Glaucous Grazing Pavement Haze Dog No 6/24/10 2:00 05 12 Glaucous Grazing Pavement Haze Dog Yes 6/24/10 4:10 C7 12 Glaucous Grazing Grass /Pvmt Haze Dog No 6/24/10 4:55 C4 8 Glaucous Grazing Grass /Pvmt Haze Dog No 6/28/10 7:45 C3 100 Glaucous Grazing Pavement Haze Dog No 7/6/2010 4:30 06 2 Cranes Grazing Grass Haze Dog No 7/6/2010 8:05 C2 2 Cranes Grazing Grass Haze Dog No 7/7/2010 4:30 C4 2 Cranes Flying Grass Haze Dog No 7/8/2010 10:30 64 8 Terns Flying Haze Dog Yes WILDLIFE HAZING REPORT June, July, August 2010 -70- 7/8/2010 10:30 B4 15 Sandpipers Flying Haze Dog Yes 7/12/2010 8:00 C3 2 Cranes Grazing Grass Haze Dog Yes 7/13/2010 8:00 C7 12 Glaucoous Grazing Pavement Haze Dog No 7/13/2010 8:05 C3 2 Cranes Grazing Grass Haze Dog No 7/13/2010 4:30 B2 1 Moose Swimming Water Haze Dog No 7/15/2010 8:00 65 5 Cranes Grazing Grass Haze Dog No 7/15/2010 9:40 C7 6 Ravens Grazing Grass Haze Dog No 7/15/2010 10:20 84 5 Canvasback Floating Water Haze Dog Yes 7/19/2010 8:00 84 2 Cranes Grazing Grass Haze Dog Yes 7/19/2010 9:30 86 2 Cranes Grazing Grass Haze Dog No 7/20/2010 12:15 D6 6 Ravens Gathering Grass Haze Dog Yes 7/20/2010 12:20 05 23 Ravens Gathering Grass Haze Dog Yes 7/20/2010 12:25 D5 13 Ravens Gathering Grass Haze Dog Yes 7/20/2010 12:30 D6 5 Ravens Aggressive Grass Haze Dog Yes 7/21/2010 8:10 C4 2 Cranes Grazing Grass Haze Dog Yes 7/21/2010 8:12 C4 5 Cranes Grazing Grass Haze Dog No 7/21/2010 8:15 C5 2 Cranes Grazing Grass Haze Dog No 7/21/2010 8:20 C6 15 Ravens Gathering Grass Haze Dog Yes 7/28/2010 8:35 B4 3 Cranes Grazing Grass Haze Dog No 8/2/2010 8:05 C7 2 Cranes Grazing Grass Haze Dog No 8/2/2010 1:05 C4 6 Cranes Grazing Grass Haze Dog Yes 8/2/2010 1:10 B6 6 Cranes Grazing Grass Haze Dog Yes 8/2/2010 1:15 C7 6 Cranes Grazing Grass Haze Dog Yes 8/2/2010 1:20 65 4 Cranes Grazing Grass Haze Dog Yes 8/3/2010 8:05 C2 2 Cranes Grazing Grass Haze Dog No 8/10/2010 8:30 C7 5 Cranes Grazing Grass Haze Dog Yes 8/11/2010 3:00 84 5 Cranes Grazing Grass Haze Dog Yes 8/17/2010 12:00 C5 20 Geese Resting Grass Haze Dog No 8/17/2010 12:00 64 2 Cranes Fiying Haze Dog No 8/17/2010 12:10 87 o Cranes Grazing Grass Haze Dog No 8/17/2010 4:00 C3 6 Cranes Grazing Grass Haze Dog No 8/17/2010 4:01 C5 4 Cranes Grazing Grass Haze Dog No 8/17/2010 4:01 C6 4 Cranes Grazing Grass Haze Dog No Total 1280 WILDLIFE HAZING REPORT June, July, August 2010 -71- the ayof KENAALASKA The following is a list of recent non routine maintenance activities: PARKS RECREATION MID -MONTH REPORT Seasonal turf maintenance continues in full swing despite the challenges brought on by the rain. Considerable amount of time and effort was expended picking up grass clippings in attempt to make areas presentable. The cooler temperatures coupled with significant moisture has taken a toll on some of the flowers, particularly varieties susceptible to moist soils and poor drainage. Approximately 20 hours have been spent in various locations throughout town pulling invasive weeds, most notably Common Toadflax, Yellow- flowered Hawkweed, Sowthistle, and Tansy. Crews have been slowly picking up hoses and sprinklers as time permits in preparation for winter. Continuation of this effort will he in full swing by mid September, including winterizing sprinkler systems, picking up remaining irrigation equipment in the field, retrieving flower boxes, and prepping facilities for shut -down mode, etc. Director Frates spent several hours putting together information for the Annual Dip Net Report. Information is being compiled by Chief Sandahl and will be reviewed by Administration in the very near future. 1. The cedar background to the "Welcome to Kenai" sign was sanded and stained. 2. Gravel was imported and compacted at both ends of the bridge at Bernie Huss Trail. 3. Department assisted with two Eagle Scout projects, both located east of the Senior Center near the bluff overlook area. 4. Department solicited quotes for the Leif Hansen Park sidewalk addition. 5. Leveled mounded graves at the Kenai Cemetery and seeded, 6. Assisted with moving of piano from one of the Old Town cabins. 7. Installed stakes and raised moose protection cages surrounding several town trees. 8. Scouted area off Wildwood Drive for determining effort needed to remove debris. 9. Painted over some graffiti at the skate park and repaired the pedestrian gate. 10. Removed sofa from Senior Center and disposed of at landfill. September 2010 eke cit of KENAI, ALASKA TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: September 9, 2010 SUBJECT: Mid Month Report; Public Works Department PUBLIC WORKS DEPARTMENT SEPTEMBER 2010 REPORT Public Works Operations: Streets Department has completed their drainage improvement project in the Vahalla Heights Subdivision. This includes ensuring the ditch line on each side of the road is cleared of debris and vegetation. The Water Department has completed the second phase of a two year water leak detection program. The contractor uses sophisticated listening equipment to detect water leaks in our system. This summer only one leak was detected at a fire hydrant which was easily repaired. The annual City auction has been completed with over $36,488 bid by the public. Status of Projects: Kenai Municipal Airport Rehabilitate Apron 2009 -2010; Project is underway with Alaska Road Builders as the general contractor Wince Corthell providing Construction Management services. Change Order Five is approved which will provide for the complete painting of runway 1 L -19R and other markings and extend the project time until June 15, 2011, The ARRA portion of the project is undergoing closeout with a final project report being prepared. Change Order Six is approved which will deduct $4,283 from the ARRA portion of the contract. Kenai Municipal Airport Master Plan Work is underway to complete a Professional Services Agreement between the City and Wince Corthell -Bryson for this project. Kenai Municipal Airport Float Plane Basin Development Phase 1. Project will realign 4th Ave. Access Road into the Float Plane Basin parking area and the City water tank, constructing additional 2,800 linear feet paved taxiways "S" and "T", grading for drainage approximately 350,000 square feet of lease lot area, security fencing gates, painting taxiway marking, taxiway lights and signage providing for installation of natural gas electrical power utilities. Provisions for future installation of water, sewer telecommunications umities are also to be provided. The Contract Agreement for Professional Services with Wince- Corthell- Bryson is being prepared. Kenai: Various Road Improvements 2009 (Baron Park Lane HEA Access). The Alaska Department of Transportation (ADOT) has issued a Notice of Award to Alaska Road Builders. Alaska Road Builders expects to be issued a Notice to Proceed no later than September 20 The contract worth is $575,000. Fourth Avenue Culvert Replacement Project, funded by a grant to the Kenai Watershed Forum, will replace a failing culvert on Fourth Avenue. This failed culvert is inhibiting the passage of fish, The design and construction management will be provided by Nelson Engineering. The City has funded Additive Altemate One which will extend a 10" water main down Spruce Street and replace an existing 2'/" service line that services two apartment buildings. Foster Construction is the contractor. Paving remains. Kenai North Dunes Elevated Light Penetrating Walkways /Ramps Supply Related Appurtenances Contractor will supply fabricate from design documents the necessary materials to elevate the two existing walkway gratings on the North Dune. The City will install the gratings and walkways to their design elevation. This project has been awarded to Kenai Welding. Estimated completion is mid October. Small Projects: Recreation Center: Two roof areas that have had leaks have been repaired. Senior Center: Randy's Glass has completed their repairs to leaking windows and replacing windows that have lost their seals. Fine Arts Center: Dam Roofing is completing a new roof which addresses a previous leaking roof problem. -73- Rich Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: September 7, 2010 'T1 o the cfty of KENA ALASKA Total August Meal Count 2010 Served: Total Congregate Meals Served: 1,529 Total Home Meals Served: 1,706 Total August Meal Count 2009 Served: Total Congregate Meals Served: 1,475 Total Home Meals Served: 1,666 -74- KENAI SENIOR CENTER SEPTEMBER REPORT We were rented 3 times in August. There were 1,351 volunteer hours for August. The highlight in August was the "Old Timers" Luncheon. Including the volunteers who served, we had 130 people for lunch. The seniors celebrated the 50 year anniversary of Kenai. Thanks to the council members for contributing financially to the event. The seniors present enjoyed their "50 -Year anniversary placemat, 1956 telephone books and the door prizes. Peggy Artless and Joanna Hollier planned, organized and were hostesses of the event, A shnrr ceremony, honoring Al seniors who died over the past year and Auld Ang Singe was sung. The seniors participated in two trips this month. 14 seniors went to Halibut Cove and 8 seniors traveled Anchor Pointe to visit Norman Lowell's Art Gallery. The Kenai Senior Center Golden Girls attended and performed at the Ninilchik Fair as well as the Palmer State Fair. The Kenai Senior Center Bell Ringers performed at the Ninilchik Fair. Because of all the rain, our annual Kenai Senior Center picnic was moved into the dining room. The BBQ Pit was used to make srnores' and roast marshmallows. Even though the picnic was inside, the seniors had a great time. Kenai Senior Connection, Inc. had a very successful three -day garage sale. A quilt made by our quilt group was raffled. September is Senior Center month. Come join us for lunch from 11:30 a.m. until 1p.m. or just come and see what is happening at the senior center. Perhaps join in an activity and or come visit the exercise program on Monday, Wednesday and Friday at 9a.rn. for video exercises or 10a.m. for weight resistance training. Join as the 2 3` or 4 Thursday evening at 6:30p.m. is Blue Grass Jam. Kenai Senior Connection, Inc. provides hot dogs, chili, popcorn, soda, root -beer floats for a minimal charge. MEMO: TO: THRU: FROM: DATE: 'Village with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 Rick Koch, City Manager Wayne Ogle, Public Works Director/ Kayla Feltman, Public Works Assistant September 15, 2010 Friday August 13, 2010 Saturday August 14, 2010 Friday August 20, 2010 Saturday August 21, 2010 Thursday September 2,2010 Friday September 3,2010 Friday September 10,2010 Saturday September 11,2010 -75- The purpose of this correspondence is to provide the attached information in regard to the 2010 Surplus Auction. The auction process took approximately four months to complete and required approximately 171.5 staff hours. I was responsible for collecting all the surplus items from each department and labeling these items. I had incredible help from various departments which assisted me with moving and labeling the auction items. I am very thankful for all their help. There was about 400 items I was responsible for labeling and moving over to the Auction location. We had to move heavy furniture and equipment from the City yard, airport yard and other departments to the Fire Training Building on 400 Marathon Road. The list below shows the scheduling of employees required to work at the auction location. Public Viewing 1 -4 p.m. Public Viewing 10 -3 p.m. Public Viewing 1-4 p.m. Public Viewing 10 -3 p.m. Auction Items Pick up Auction Items Pick up Auction Items Pick up Auction Items Pick up Deadline The City had 22 bidders of which these bidders only bid on 210 items, leaving 198 Auction items not bid on. The City earned a total of $36,487.54 from the 2010 Surplus Auction. 1992 August 6, 2010 August 6, 2010 iU; CT[ I August 9, 2010 August 13, 2010 August 14, 2010 16, 2111 August 20, 2010 August 21, 2010 August 24, 2010 Mt 5:00 p,m, August 25, 2010 at 8:30 a,,mn. August 20, 2010 September 2, 2010 ,September 3, 2010 September 10, 2010 September 11, 20110 September 11, 2010 Last Day to Deliver Items to 400 Marathon Rd, Auction Brochure, List and List Bid Forms Available on City Website and City Hall 1 Public Notice Ad in Peninsula Clarion Public Viewing at 400 Marathon Rd., 1 -4 p.m. Public Viewing at 400 Marathon Rd., 10 -3 p.m. 2" Public Notice Ad in Peninsula Clarion Public Viewing at 400 Marathon Rd., 1 -4 p.m. Public Viewing at 400 Marathon Rd., 10 -3 p.m. Bid Form Deadline Bid Opening Results of Auction Posted to City Website Pickup dates 2pm -4 pm Pickup dates 2 p, -4 prat Pick dates 2pm -4 pm Pick dates 2pm -4 pm Auction hems Delivery Deadline -76- HE UL KENA1 ALASKA MEMO: "Village with a Past, CI with a Future 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager°` DATE: September 9, 2010 SUBJECT: Town Hall Meeting Outcomes The purpose of this correspondence is to provide an update regarding the Town Hall Meeting held at the Challenger Learning Center on Saturday, May 8, 2010. After the Meeting, the results from the individual group discussions were provided to Council at its May 19 Council Meeting. In addition to the group outcomes, City Staff developed a list of seven "Consensus Topics /Suggestions which were provided to Council and to members of the public who attended the Town Hall Meeting via mail and /or email. Below is a list of the seven Consensus Topics /Suggestions, and some of the actions the City has taken: 1. Foster Communication through Collaborative, Engaged Decision Making Processes: Bring Organizations Together to Problem Solve. Resolution 2009 -68 was passed in July, 2010 supporting actions building and maintaining a sustainable community within the City of Kenai and supporting networking with local governments on the Kenai Peninsula. In order to develop additional public input, the City held the above- referenced Town Hall Meeting. The resolution included support of continued efforts to support community dialogue on building and maintaining a sustainable community. City Administration, in collaboration with the City Clerk and City Attorney, are working toward development of a Social Media Policy which will enable the City and /or City Departments and /or Projects to have an appearance on Facebook. City Administration developed an employee survey as a result of the Collaborative Problem Solving Model practiced by City Staff and Council Members as part of the Hardwiring Teamwork Program which preceded the Town Hall Meeting. The results of the survey are being reviewed by Administration to improve organization and create better delivery of services to the community. -77- k gb '11 1992 The Library and the Library Commission continue to work toward using the Collaborative process in decision making. The Council on Aging has used the Collaborative process to develop their goals and objectives. A copy of the results from Town Hall Meeting and the list of seven "Consensus Topics /Suggestions" have been provided to the Commissions for review and comment. The City will utilize the Collaborative Leadership Training received prior to the Town Hall Meeting to include the community in the development of a new Comprehensive Plan which will take place over the next twenty -four months. 2. Promote and Facilitate Economic Development: Promote a Sustainable Tax Base by Encouraging Business and Industry, Support Year -Round Industry that Employs Residents of All Ages and Promote Tourism City Administration worked with Cook Inlet Natural Gas Storage Alaska (CINGSA) on the proposed construction and operation of a new underground natural gas storage facility within the City of Kenai. The City's designation as an economic Recovery Zone has provided access opportunity to reduced cost financing for businesses, such as ACS, seeking to locate to Kenai. 3. Facilitate the Redevelopment of a Downtown City Center Including Quality Pedestrian Access: Build -up /Repair Existing Infrastructure and Encourage Utilization of Vacant Buildings Ordinance No. 2499 -2010 was passed by the Council the 1g`" of August, 2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the definition of a public nuisance unsightly premises and also certain structures destroyed or partially destroyed by fire or by other means. Planning and Zoning continue enforcement of structures throughout the City. The Main Street Reconstruction project was initiated on August 11 with project completion scheduled for early 2011. 4. Explore and Encourage Efficient Use of Energy, Including Renewable Sources: Wind /Tides, Geothermal, Curbside Recycling The Multi Use Facility Lighting Upgrade, an American Recovery and Reinvestment Act (ARRA) funded, project administered by Department of Energy was awarded on June 16 to install energy efficient lights at the facility increasing energy efficiency, reducing energy consumption, and reducing energy costs. The Kenai Recreation Center Gym Lighting Replacement project to remove all existing lighting and install 24 energy efficient fixtures in the existing ceiling openings is currently near completion. The City Facility Wind Generation Study project is underway with preliminary data gathering complete and with site specific analysis and additional data gathering underway. 5. Promote and Facilitate Community Health, Wellbeing and Wellness: Community Gathering Spaces, Indoor Sports Facility/Playground, Water Quality, Healthy Activities for Kids, Enhance Senior Environment -78- The Library Expansion Project will provide more programming for residents of all ages. The building itself will provide a better space for youth and enhance the senior environment. Ordinance 2508 -2010 increased estimated revenues and appropriations by $150,000.00 in the Municipal Park Improvements Capital Project Fund for park construction along Marathon Road. Surveying and design are underway. The City partnered with the Kenai River Brown Bears for early installation of ice at the Multipurpose Building to provide public recreation opportunities. Parks Recreation worked with the Eagle Scout organization on development of the Bluff Overlook area. The project included installation of a trail system, picnic pads and parking ballards. Parks Recreation undertook a major effort over the summer to weed flowerbeds and add grass clippings near town center. Funding has been secured, and a design contract signed, for the City to build a water treatment facility to remove color and arsenic from the municipal water system. The project completion date is late 2011. Future phases of the project will provide water to areas of the City not presently served. 6. Protect Residential Neighborhoods and Green Spaces: Buffer Strips Between Residential and Commercial City Administration is working with the State of Alaska, Department of Natural Resources on acquisition of property described as Government Lots 131, 165 And 166, Section 31, T6N, R11W, Seward Meridian, excluding the Kenai Spur Highway Right -of- Way, Kenai, as a potential site for a municipal well, well protection zone and greenbelt. 7. Support Public Transportation Initiatives Including Bike Paths, Ride Share, Mass Transit Beaver Loop Bike Trail (Pedestrian Pathway) City Administration has proposed a Resolution supporting the initiation of a public ferry transportation service between the ports of Anchorage, Mat -Su, Tyonek and the City of Kenai. -79- REPORT OF THE CITY CLERK 00 TO: Mayor and Council Members FROM: Carol L. Freas, City? rk DATE: September 10, 201 e clf KENAI, S Wage with a Past, Gap with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM RE: OCTOBER 5, 2010 CITY GENERAL ELECTION Canvass Board Appointment KMC 6.05.120 establishes a Canvassing board, designates the City Clerk as its Chair, and consisting of the Chair of each precinct board (or if needed, another election judge from the same precinct as a substitute), and up to five additional judges selected from among the qualified voters of the City. The Canvass Board will consist of the following people: Sharon Harris (Kenai Precinct No. 1) 1 I Lori Seymour Betty Glick (Kenai Precinct No 2) Christine Cook Mary Troy Castirriore (Kenai Precinct No. 3) I hope to appoint one additional person to the Canvass Board and will notify you of that person's appointment when I receive a response. -81- INFORMATION ITEMS 02 INFORMATION ITEMS KENAI CITY COUNCIL MEETING SEPTEMBER. 15, 2010 1. 9/15/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. Carolyn Unger Information related to banning outdoor wood- burning boiler furnaces. 4. 9/9/2010 Anchorage Daily News article, Fire Island Wind Farm Has Yet to Generate Power Contracts. 5. 9/9/2010 N. Brudie, Oil Gas Project Review Manager, Alaska Department of Natural Resources letter forwarding the Cook Inlet Natural Gas Storage Project Final Consistency Determination. 6. 8/2010 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports. w W w w C -J 0 z 0 0 0 LL O 0 O O 1 r A 4 0 Z 0 Q O O Lo ci Q N W 40m Z W W I- W a cn W 01 li y 0 CC Ca W Z F= O w 5 a 0 Z Ce Z��R g Q 0 0 0 to 0 0) (0 to V co Y C (0 r- N z O 2 0 co w Z U 2 2 0 0 x 2 2 0 Z_ F- 2 0 CO J 0 0 F J w w cc w 0 w a (0 -83- I am here to ask you to create a regulation, an ordinance restricting where Out Door Wood Burning Boiler Furnaces may be installed and used within the Kenai city limits. I will refer to them as OWBs OWBs are installed a few feet from a residence, An insulated tube is set 6 -8 inches below the ground. The tube goes into the house and connects to the furnace and hot water heater. One OWBs may heat more than one building. The firebox /combustion chamber of a OWBs is filled with wood. Dry, clean wood is suggested by some OWB manufacturers Others advertise that the unit will burn almost anything, including rotten wood, freshly cut and green wood, old building scraps, wood scraps, including nails, newspapers, corrugated cardboard boxes, pine cones. grass, yard trimmings, and sawdust. Making OWBs emission even more lethal because very toxic chemicals are released into the air.. The burning wood in the firebox generates heat. When a temperature is met the damper closes, cuts off the air supply. This creates an oxygen- starved environment. The fire smolders, creating smoke and creosote that condenses on the internal steel surfaces. When heat is needed the air damper opens and the natural draft forces air into the firebox, pushing smoke and air pollutants out the stack. The most smoke is produced just after the damper opens and the wood tries to burn but is too cool to burn efficiently. The on /off cycles goes on for 12 to 24 hours or more between fuel loading depending on the demand for heat. Some manufacturers say you can fill the fire boxes and leave it burning 96 hours Now, here is where we come into the problem. OWBs have short smoke stacks. They are 8 -12 ft from the ground. Stacks this short do not disperse smoke upward adequately, resulting in excessive ground level smoke dispersing vertically. Smoke does not rise in cold weather. The smoke stays closer to the ground. Our Fire Marshall said that normally wind can disperse smoke. But, this is not true with short stacks. How is the wind going to get into residences back yards pick the smoke up off the ground and disperse it off into the atmosphere. The only way the smoke can be dispersed is if the smoke stacks are taller. There are also problems with having taper smoke stacks. The stack becomes coated with creosote and is a fire hazard. Creosote emission is a carcinogenic. As Mr, Cole of Kasilof wrote in the Clarion he had to rework his OWB because it was not burning right and the 8 inch smoke stack was filing up with creosote. Which is more proof manufactures of OWBs do not live up to their hype of smokeless, no creosote, and no waste. Clean and efficient they are not. The emissions from OWBs are toxic and lethal to humans as well as animals. One (1) OWB emission is equal to to the emissions of 22 EPA certified wood stove, 205 oil furnaces, as many as 8,000 natural gas furnaces. One (1) OWB can emit as much fine particle matter as four(4) heavy duty diesel trucks on a grams per hour basis. My backyard butts up to four other's backyard. If three(3) homes installed OWBs It would be like having 12 heavy duty diesel trucks idling in my backyard 24/7. All wood smoke is harmful; fine particles from smoke emissions can be carried deep into the lungs and is responsible for significant health problems; asthma, lung diseases, heart diseases, and death. These particles can also increase the risks of certain types of cancer. Breathing smoke is especially harmful for sensitive populations, including children, the elderly, and people with heart and lung aliments, and pregnant women. -84- 7, yAA The PM2.5 are so fine they can bypass conductive airways and deliver materials into the deep lung. These materials include reactive organic chemicals absorb onto the particle. The negative impact these pollutants have on the human health include coughing, wheezing, headaches, and difficult or painful breathing, increased susceptibility to respiratory illness like pneumonia and bronchitis, eye and nose irritation, hospitalization for heart or lung diseases, and premature death. One study shows the continued exposure to smoke can cause brain damage to unborn children. The emissions from OWBs contain particle matter PM2.5 which have more than 100 different compounds in the form of gases and fine sooty matter. Some of the major compounds of wood smoke are carbon monoxide, nitrous oxides, sulfur dioxide, benzene, polycyclic aromatic hydrocarbons, and formaldehyde all linked to asthma, heart attacks, and cancer. The particle matters PM2.5s are so fine they act like gases and can penetrate dosed doors and windows. Many people have not been able to use their patios /decks or enjoy their backyards due to a neighbors OWBs. Many complain of their homes constantly smelling of smoke as well as the clothes in their closets. Fairbanks has linked an increase in hospitalization to poor air quality due to wood smoke, cars and trucks. Fairbanks have created an ordinance with certain requirements for the installation of OWBs. Our demographics are different but we would have the same problem if OWBs are allowed in subdivisions within the city limits on lots smaller than 80,000 square feet. I have included information from several states as well as Fairbanks, Alaska ordinance for the installation of OWBs. Most all the research I have conducted propose... 1. OWBs should not be install any closer to a neighbors residence than 300 -500 feet. 2.Smoke stacks should be at least 15 feet high, and 2 feet higher than roofs of nearby buildings. 3.Require annual permitting of OWBs by the local fire chief. 4. Lot size has to be 80,000 square feet 5. Have fuel burning restrictions Due to the high cost of heating our homes more and more people will be looking for alternative ways of heating their homes. OWBs is not the solution in small compact subdivision with lots 6,000 -8,000 square feet. We need to address this issue now and set up ordinances which regulate the installation of OWBs. If we don't we will have a terrible polluted city on our hands Beside the health hazards of OWBs they bring down the value of our property. At a minimum there should be a lot size of 80,000 square feet, and a 500 foot distance from neighboring residence and a permitting requirement. -85- Best Burn Practices for Wood Burning Outdoor Furnace Also Referred to As an Outdoor Boiler Safety, Efficiency and the Environment 13/18/10 6:17 PM Furnace Facts Outdoor Wood Furnace Best Burn Practices 1, Read and follow all operating instructions supplied by the manufacturer. 2. FUEL USED Only use listed fuels recommended by the manufacturer of your unlit. Never use the following: trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure treated wood), leaves, paper products, and cardboard. 3. LOADING FUEL: For a more efficient burn, pay careful attention to loading times and amounts. Follow the manufacturer's written Instructions for recommended loading times and amounts. 4. STARTERS: Do not use lighter fluids, gasoline or chemicals. 5. LOCATION: It Is recommended that the unit be located with due consideration m the prevailing wind direction, furnace should be '.orated mina than 100 teal from any resldento not served by the t urn SOQ. 11 tocnmri wtltvin ,00 Ipet to 300 feel to any restdencri not served ),'the Iurnaam, it is cornmendal that tt,q ttack boat least 2 teem htgner than the pooh 01 that fosldon(C, 6, Always remember to comply with all applicable state and local codes. Provided by the Hearth, Patio and Barbecue Association (HPE4), Outdoor Furnaces Manufacturers Caucus. Outdoor Wood Furnace Best Burn Practices EPA HH Phase 2 (032 LBS /MM Btu Output) 1. Read and follow all operating instructions supplied by the manufacturer 2. FUEL USED: Only use listed fuels recommended by the manufacturer of your unit Never use the following: trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure treated wood), leaves, paper products, and cardboard. 3. LOADING FUEL: For a more efficient burn, pay careful attention to loading times and amounts. Folio w the manufacturer's written Instructions for recommended loading times and amounts. 4. STARTERS: Do not use lighter fluids, gasoline or chemicals, 5. LOCATION; It Is recommended that the unit be located with due consideration to the prevailing wind direction. o If located within 390 feet to any residence not served by the furnace, it Is recommended that the chimney be at least 2 feet higher than the peak of the residence served. o If located within 100 feet to any residence not served by the furnace, the chimney must be 2 feel higher than the peak of the residence served or not served, whichever is higher. v „n., 5ry e.nwi., 6. Always remember to comply with all applicable state and local codes. Be considerate of neighbors when operating your furnace, if you use your furnace in the summer months, be exhaust Is not adversely affecting neighbors with open windows. http :J /www.outdoorfurnacefacts.com /wood- corn heating best practices /best burn practices/ Page 1 of 2 -86- in your chimney Assessnunr of Outdoor Wood -fired Boilers Page S -3 Figure 5 -1. PM Emission Comparison (g/itr) gas furnace oil furnace pack of pellet stove certified cigarettes woodstove -87- OWB 5.2. Near Source Ambient Emission Field Monitoring Currently, few assessments exist of OWB impacts to ambient air quality, limiting regulatory efforts to evaluate exposure conditions and the potential health risks posed to nearby populations" In order to characterize ambient PM2,5 emissions near an OWB, NESCAUM performed a screening level evaluation in March 2005. Pilot field monitoring was conducted in Central New York State at a she within 50-150 feet of a Hardy H5 -i -07 "Economy' boiler." The device had a fire chamber 22.6 cubic feet in size, maximum capacity of 180,000 Btu/hr, and stack height of about 10 feet. Fuel usage during monitoring was a mix of green oak logged 11/01/04 and split 12/04 (stored dry) and maple /cherry/other hardwood seasoned about one -year (stored dry). The PM25monitoring interval was a 15- second averaging time in order to capture high temporal resolution during different boiler operating modes and fuel loads. A Thermo Electron DataRAM 4000 performed the monitoring of PM2 This is a portable nephelometric monitor that employs light scattering to measure the fine particle fraction of airborne pollutants. The DataRAM has the ability to estimate particle size below PM2,5 and is an ideal instrument for portable and highly time resolved applications. A0 The Michigan Department of Environmental Quality modeled the impacts of an OWB based on theoretical emissions (see Appendix D) 41 A detailed presentation of findings has been submitted for peer reviewed publication to the Journal of Health and Ecological Risk Assessment by Philip RS Johnson, NESCAUM. Outdoor Wood Boiler photos the smoke is not uncommon. -88- ry R Or feretta3e to wooa causefor conce 1.., wilt y firs a` spec`tficatic o e hospit acco der emissions (Clarion letter, utdoor 'furnace nd proceeded to'plu creoso was way burnt* the large times tbe'amount o gas out as it does to the wood '=gas,s closes and the.cbsr the air required for the wood gas burn.'The black smoke of the wood gas burn is short- lived. The chRrcoal burn: creates no smoke, so for four hours you see no smoke. Since the outdoor furnace heats sand and main- tams heat, no WOO d:;.4� fire shoi 3 be cycled out aril dun started all over. To think that regulators would prevent us from using all that beetle killed fuel be- cause someone has asthma defies logic. f, returned to Alaska 60 years ago to escape such regulation, but like dungafter a young calf it follows us wherever we go. We could, though, learn to burn wood properly. Lyle Cole ICasilof -89- an on rase. to uea for. people ibiems. e study released Mon y by the Alaska Depart- Sent' of Health and Social rvices Was based on five years of records from Fair- hanks Memorial Hospital It showed a 6 percent to 7 percent increase in the risk of hospitalization for condi- tions related to heart disease, stroke and respiratory illness when higher than average aunts of' particulates were the asr The tiny particles are part of the air pollution produced by cars and trucks,' power plants and wood stoves. llesearchers said the study other studies outside and shows that people and lungprciblems e air quality warn gs seriously. .NROMPlilMtatftragIVCa �.11PO T.V.7 f a.A wu�;v t1 V°� r9ti a'2�NdF.! ;T ..?'3lxr:,? 3 w b:G�.4ba'+.ty Ni3ii^.tY.tA A+M”, iYm+ 'Ztid4'.i'm"2 2tid!'�"„ "+�asP"✓`d."+iF ."-'F =a :„,'Vr,C sr� iaSarP. �C±e 0 l@N AME: ailing Address: Residence Address: Daytime Phone: Brief Description of Topic: PLANN NG ZONING COMMISS /O N APPEM NCE REQUEST Planning Department City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (967) 283-8235 Fax: (907) 283 -3014 Email: nkebschuhh @ci,kenai.ak,Ls Providing written statement /material for hnchusion in the commis>iom packet is encouraged 1 Deadline for submittal is normally Wednesday, Noon, the week prior to the commission meeting (unless a holiday changes the packet preparation day). Will electronic equipment be used for your presentation? refrerred meeting date: -N Will you provide personal equipment? 3 r ill City equipment be needed? Projector j Date: Signature: Laptop Setup of electronic equipment MUST 9E completed before 5:00 p.m. of the commission rneetin day. Contact the City Clerk for appointment (283 8231), -90- Received: D I boiler outdoor Wood Et l mace HOME F HODU CTS HOVrt P WORKS FURNACE f N87,L LAMB! VIFtC) NI'n1Efi!TM FtUVAISTACEPS %raLl. P„ OMPA ISOt8 RACASSIBASE BASS 114FO+RRIATI3H ALER LCSCATOR C Ob1YA T U 5 II How it Works tttp: f wuw,.< entr alhoiler .com /applications.php ::1130/10 12:CS Pi How Heat From A Central Boller Outdoor Furnace Gets To Your Home e The Central Boller outdoor furnace is located outside, typically 30 to 200 feet (but as far as 500 feet) away from your home or building, and works with any existing heating system. m A water jacket surrounds the furnace firebox and heat exchanger, and heated water is circulated to your home or building through insulated underground pipes an efficient way to move heat over distances. tif The outdoor furnace is designed to work with any existing heating system. Water -to -air or water to -water heat exchangers or direct circulation conveys the heat into the structure's forced -air furnace, radiant baseboard, or radiant f(cor heating system. This allows you normal thermostatic temperature control oi The outdoor furnace can provide heat for all your domestic hot water by adding a water to-water heat exchanger. You cart turn off your hot water heater and save even more money! fs The outdoor furnace has the ability to heat multiple buildings, such as a garage, workshop, shed, greenhouse, or barn without using other heating sources. It can even be used to heat a swimming pool or hot tub. -91- Guidance for Healet, Professionals: ()indoor Wood -Fired Potter .F (Water Stove WISCONSIN DEP OF HEALTH SERVICES 0a an Outdoor Wood 3o er? What is an Outdoor Wood toiler? For a printable version (pdf) of this fact sheet, click here -92- Public health hazards can result from excessive smoke produced when outdoor wood boilers are improperly placed and operated. Local health departments have the authority to address public health hazards and health nuisances under Wisconsin State Statute 254. This fact sheet summarizes current Wisconsin Department of Health Services recommendations for best management practices of outdoor wood boilers. 1 Geafth Hazards Associated with Outdoor hood aoiiertl bA °se Heath Laws and Ordinances :!:JE Governments Do Ai 6:tra it Or.._4tdo($ r rsr More lPDf",YH'Ir in tfo,i, An outdoor wood boiler (OWB) is any fumace, stove, or boiler designed to bur i wood, where the unit is not located within a building intended for habitation by humans or domestic animals. OWBs, also known as water stoves, typically look like a small utility building with a smoke stack. OWBs provide heating and /or hot water to a single residence. Wpod SoifA 8/36/LO i11iA The basic design of an outdoor wood boiler (OWB) includes a firebox enclosed in a water jacket, surrounded by insulation, and vented through a chimney stack. The combustion of wood heats the water in the reservoir. Heated water is carried through underground pipes to heat a home, farm building, swimming pool, hot tub, or to produce domestic hot water. OWBs are more popular in rural areas than in other areas. Most OWBs cost between $3,000 $10,000 installed. The basic design of the OWB encourages a slow, cooler fire, to maximize the amount of heat transferred from the fire to the water. Slow, cooler fires, however, burn inefficiently and create more smoke and creosote than higher temperature fires. The Atio:// dh isconsin.goviefi/hlthhazifs/waterstoves.htm Page 1 of 4 ofesslonals: Outdoor Wood -Fired Roffers (Water Stoves) 3/30/10 most efficient woo: burning furnaces burn at very high temperatures, include a heal store of several hundred gallons of water, and have refractory tunnels where high temperature secondary combustion can take place. These units are typically installer inside the home, have very low emissions, and have a stack height of 20 -30 feet, Outdoor models often are missing these important features. public EVeaVth Hazards Associated with 0 Bs Health officials worldwide have only recently begun to understand the health problems seen in people who regularly cook or work around wood fires. Wood smoke contains a mixture of at least 100 different compounds in the form of gases and fine sooty particulate matter (PM). Some of the major components of wood smoke are or EPA's list of six "criteria pollutants" in the National Ambient Air Quality Standard (NAAQS), including ozone, carbon monoxide, nitrous oxides, particulate matter, and sulfur dioxide. The six criteria pollutants were singled out by the United States Environmental Protection Agency (EPA) because of the negative impacts of these pollutants on human health, which include coughing and difficult or painful breathing increased susceptibility to respiratory illness like pneumonia and bronchitis, eye and nose irritation, hospitalization for heart or lung diseases, and premature death. Smoke associated with OWBs At the relatively low temperatures at which OWBs are designed to burn wood, the stoves can produce thick smoke and creosote. This smoke can contain unhealthy levels of toxic air pollutants and known carcinogens, including significant amounts of particulate matter (PM) of various polycycfic aromatic compounds (PAHs). Exposure to PM can trigger or aggravate respiratory and cardiovascular problems. Pfr are so small that they behave much like gases they can penetrate homes, even when windows and doors are dosed. PM can lodge deep in the lungs of those exposed to wood smoke, and are not easily expelled. Symptoms of people exposed to wood smoke from OWBs include eye and nose irritation, breathing difficulty, wheezing, coughing, and headaches. People with heart disease, asthma, emphysema or other respiratory diseases are especially sensitive. In particular, wood smoke can be harmful to the elderly, babies, children, and pregnant women. The chance a person will experience health effects as a result of exposure to smoke depends on the concentration of air pollutants they breathe and the duration of their exposure. Because most OWBs have very short stacks and are located close to homes, there is a greater potential for emissions to create a health hazard for those living near the unit, including neighbors. In areas where homes are not close together, the use of an OWB may not be a health hazard for neighbors. Hazards associated with burning garbage or inappropriate materials Burning particleboard, treated, stained, painted, wet or freshly cut wood can release http:// www. dhs.wisconsin.gov /eh /hithhaz /Fs /waterstoves.htm Page 2 of4 -93- Ice forHAalth Profesriorials: Outdoor Wood -Fired C;oilers Mate s Stoves) 3/30/10 1]:11 very toxic chemicals. These materials should never be burned in OWBs. Trash burning is especially harmful because it releases chemicals that are persistent in the environment, polluting our air, food, lakes and streams. Burning plastic and treated wood also releases heavy metals and toxic chemicals such as dioxins. Exposure to dioxins can cause skin problems, reproductive or developmental problems, and may even increase the risk of cancer. Existing Publlic Bee th Laws aid Ord'uraances Human health hazards can result from the use of outdoor wood boilers. Local health departments, which have the authority to address health hazards, may be asked to respond to complaints from the public regarding problems with water stove use. in addition, several communities in Wisconsin have taken the step of creating ordinances that ban or regulate the use of OWBs. The adoption of local ordinances regulating outdoor wood stoves is currently the best way to address the issue proactively. Although the U5 CPA has regulations for reducing pollution from residential stoves and fireplace inserts, there are currently no Federal or State standards regulating the use of outdoor wood boilers. The US EPA does maintain a Rebsite (exit pHs) with links to state and local air agencies working to reduce emissions from OWBs, as well as current regulations governing OWB use. The Wisconsin Department of Natural Resources (DNR) has developed a auidance document and model ordinance (exit DHS) for local communities interested in regulatinc outdoor burning, burning of refuse, and the installation and use of OWBs. What Can Lodi Gtaerernamerts Do About Water Stove Comm taints? In some communities, the best approach to managing nuisance complaints and public health hazards is a local ordinance that restricts or bans the use of OWBs. While water stoves are typically used in rural settings, an increasing number are being installed in subdivisions and small towns. If your municipality is receiving complaints about OWBs, you should consider the following best- rnanagement practices for their placement and use: 1. Ensure that OWBs are installed where they do riot create an air pollution health hazard. Local officials should give careful consideration to the influence that changes in land use can have on where OWBs are installed. This is especially irnportant when agriculturally zoned land is changed to residential. This frequently results in homes being built too close to OWBs. 1. Restrict what can be burned in an OWB to clean dry firewood. 3. Place OWBs at least 300 -500 feet from the nearest building which is not on the same property as the unit. 4. Require that OWB chimneys be 15 feet high, or at least as high as the roofs of nearby buildings. 5. Require annual permitting of OWBs by the local fire chief. For more guidance on establishing control over the installation and use of OWBs please refer to the DNR "Model Ordinance for Outdoor Burning, Open Burning and Burning of Refuse A Guide for Wisconsin Counties, Cities, Villages and Towns." You can retrieve this document at ht�: /dnr.wi.'or environmentorotect /ob /rnodelOrd'ananceMtm. (exit DHS) hrtp:f/ www. dhs. wisconsin. gov /eh /hlthhaz /fs /waterstoves.htm Page 3 of -94- Outdoor Wood Boilers (O` T5s) are known by various names: outdoor wood thirnaves, t wood-fired hydronic heater's, outdoor wood water heaters cr waterstoves. Whatever they are :ailed, these residential or small conritereial wood bunting hot water heaters are used to heat es and domestic hot water„ &at s'wirmning pools and hot tubs. heat hot water in milli houses or to keep greenhouses warm. These heaters have large fireboxes and are hand -fed typical firewood or larger unsplit wood. They come in a variety of sizes and shapes. Most look like small ree standing metal tool sheds with stacks, but some are rectangular boxes or ate cylindrical in shape. The fireboxes are surrounded by water jackets and the hot water is circulated in. underground insulated pipes from the OWB to the house or other structure that may be as much as 100 feet or more away from the OW13. OUTDOOR 'U ti'OOIJ FIRfu' D „\.n Informational Fact Sheet from the Vermont Department of Environmental Conservation OIperairdwt: OW control the fire by limiting the air (oxygen) supply to the fire. The typically oversized firebox is loaded with wood and the fire started. When the temperature of the circulating water reaches a set point (generally around 180 °F), a damper closes or a fan shuts o ff eliminating the air supply to the Ere. The fire smolders and cools until the temperature of the water drops to a lower set point and the damper opens. The most smoke is produced just after the damper opens and the wood tries to burn but is too cool to burn efficiently. These on /off cycles may go on for 12 to 24 hours or more between fuel loading depending on the demand for heat. OWL% have been a controversial form of wood heating in the northeastern and rndwestern 1.JS and Canada for several years. The controversy is caused largely by the smoke and health impacts the emissions from OWBs have on neighbors, but there has also been concern about the possibly misleading advertising for the units and the use of the units to illegally burn materials other than natural wood. -95- Effk emcn's C ontrarg to int) h of the advertising fbr C)WBs, these cirr c:CeptiOnS) are not };cry CI 1.t co nverting the heat from the wood into useable 'heat fc) heating or other purposes. This includes the most popular, well advertised brands on the m Testing by the U.S. EP'q. and other testing have demonstrated that the overall thermal efficiency of these units is no more than about 50% and many tests show efficiencies far lower. In contrast, thermal efficiencies of newer EPA certified indoor woodstoves are generally in the 63 to ?2% range. This means that to get the same amount of useable heat, you would have to bum more wood in an COB than in a new indoor woodstove. Smoke: OWBs have a tendency to produce smoke that causes neighbors to complain about nuisance and health problems. in some cases, neighbors' indoor smoke alarms have been activated by the smoke from ©W13s. The reasons that the smoke from OWBs elicits complaints are muhiple..E he units tend to smoke, more heavily than indoor wood stoves depending on how they are operated and the type of fuel used. The stacks that come on e OWBs are very short releasing the smoke at low levels where it is less likely to disperse. In addition, many people operate the units during the summer to heat domestic hot water, swimming pools and so forth. The smoke disperses poorly under summer conditions when neighbors have their windows open and tend to spend more time outdoors, Health Th pacts: 'None sanoi e, whether from an OWB, indoor woodstove or open burning, consists mostly of line particulate matter (PM2.5 ).Research has shown that the fine particulate contributes to human health problems including cardiovascular disease and chronic lung conditions. The most recent research has demonstrated that the health impacts of PM, 5 E e worse Man previously realized pronpeing the EJ.S.EY A to propose stricter standards. Because OWBs employ poor combustion design, they emit more PI`va2 per energy produced than newer well designed indoor wood stoves or properly designed wood furnaces. Wood amoke also contains organics from incomplete combustion. This includes benzene, forrriaidehyde and po.iycyc'ii.c aromatic hydrocarbons (PA.Hs). all of may cause cancer. A'ldc Big Picture In general, wood burning in residential at small commercial situations emits hundreds or even thousands of times more particulate than. burning oil or gas. Yes, wood is a renewable local resou and is considered by some to be global warming neutral. These are very positive attributes, but as more and more people choose to burn wood, the devices they use need to be more and more efficient in order to maintain the current air quality (wh'ich tt rri ht arFers`is already inadequate). The technrologics to burn wood cleanly, even in water heating furnaces, is available and in use, particularly in Europe where the particulate emission standards for wood burning devices are far stricter. The long term. effects of large numbers of people choosing poor wood burning technologies will be increased health care costs, unnecessary early deatbq and a poorer quality of life, In order to maintain Vermont's air quality and to reduce human exposures to smoke and toxins, the Vermont DEC has proposed some new rules for OWBs. -96- Status. of n opt RSes auAdi l eguivii':,noLll IteAllH lw.iriliC: `Section s04 of the Vernon. rCcontrO$ u iations .,PCR) ibits the installation of OWBs within 200 feet of anot {hr's residence a residence not owned e OWB owner or served by the OWB), if the OWE' is installed i!,: >ain 200 to 300 feet of nother s residence, the stack must b& at least hi as the peak of the. house 02 structure that the tere's a brief summary of Pvianufacr.wnets at'e required't Vermont_ You can see the complete rule at Lr OWB is heating. This rule also states that only natural wood may be burned in the OWB and the smoke is not allowed to cause a nuisance. In addition, the sellers /dealers of OWBs are required inform the O\JVB buyers about Vermont's regulation and to have the buyers sign a form regarding the requirements. A copy of the form trust then be sent into the Air Pollution Control Division. This rule applies only to OWBs installed after October 1, 1997. posed Rule: Because complaints a.bout smoke from OWBs have continued since the Section 5 -204 was adopted and to minimize PM2,s emissions as more and more people burn wood, Vermont has proposed rules that will require O B manufacturers to improve the efficiency of their, wood burning units before they can he sold for use in Vermont. The proposed rule sets a particulate emission standard that is cornpara.ble to the standard for US EPA certified indoor wood stoves. This merely levels the playing field and should benefit all. Verranoonters over time. oposed rule (Section 5-205): 1. The rule establishes a particulate matter emission 1 cubic foot of exhaust gas corrected to 2% CO2 for 0 yet determined). -97- asted i.t'the `l.20 grains per dry standard s sold) afters spec'i'fied date (not t to sell 6Sxnaa fbr sn e In No person is allowed to sell or distribute an OWB unless that model has been tested and certified by the state of Vermont to comply with the emission Inuit above, Manufacturers are required to provide a list of Vermont certified OWBs to dealers on an annual basis. itsse' NOTE: Minor revisions to the proposed rule based on public cornment are being drafted. The units used to express the particulate standard will likely change and newly developed test methods wili probably he incorporated into the proposed rule. The proposed OWB rule: a <nea, not apply ,to OWBs that:are in stalled prior to the. ,el+ective date of the enussion limit —they are "grandfather'ed 2. Does not apply to indoor wood furnaces. 3. Does net apply to indoor wood stoves. 4. Dues nut ban OWBs. Z "he agency is not trying to limit wood burning but rather trying to ensure that wood is burned in all efficient planner that will minimize environmental and health impacts and will provide consumers with the most efficient devices for their money. Most of the New England states and New York have serious concerns about OWBs operating in their states due to the health impacts and nuisance effects. 'Vermont has been working closely with these states on OWB issues. Some Midwestern states have also expressed concern about OWBs, including Michigan, Wisconsin, Minnesota and lridiana. The New York State Attorney General's Office published a significant report regarding OWBs in August, 2005 (see "Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State, available at http: /www.oag.state.ny.us/ press /2005 /aug/August /n202005.pdt). In addition, numerous municipalities in the US and Canada have adopted ordinances banning or otherwise regulating OWBs. odstoves, the design of OW13s is expected to change, and they should become I Li less polluting. f s 3 much more efficient acid Ic Before c sspending d>S,GO0 to $10,000 or tt9crre en an CiW u, consumers should consider waiting a few years for the new products to enter the market: The smoke, after all, also impacts on furnace owners. The next generation of OWBs will be a better investment, cause less pollution and should keep your neighbors happier. For additional information about OWBs go to V "try t`::c.1i t on the internet or contact the Vermont De a'intent of'Z'nvironrnental Conservation, Air Pollution Control Division. VERMONT ENVIRONMENTAL CONSERVATION Vermont Es Not Moue �c The Future -98- Air Pollution Control Division l South Main Street, Bldg 3 South Waterbury, Vermont 05671 -0402 Toll Free: 1- 888 520 -4879 Revised December 28, 2006 Outdoor Wood-Fired Boilers 2,1;12:„Ithgth a; Outdoor Wood-Fired Boilers trigil'idliitdad li? SoiO‘i)u VS lisaqicars airis sat trililloated it,as, state iiabg di4L:Jir With the. rising cost of heating oil, more Washington residents are looking i4 liVoishilatgation tMs; dorts. This site is design Cl ed to e.lp you get the facsc ict before purchasing a wood-fired boiler. if you have any cluestions about ;outdoor wood-tired boilers, ;please co 4 to wood as a source of heat and hot water. But not ail wood heat is the same. While indoor wood stoves have been tested and certified by EPA for emissions since L990, outdoor wood boilers (OWEs) are not. OWBs cause dense smoke and have very short smoke stacks, so the smoke is released at Ii3Vela where people breathe it. This smoke endangers your health and that of your family and neighbors, as well as harming the environment. Even the cleanest outdoor wood-fired boilers are 3 to 5 times more polluting than a certified wood stove meeting Washington emission standards. d■ What are outdoor wood-fired boilers fO.Wath? Are any OWEs lecal in Washington? d what causes °Wes to smoke? re that; indoor glom! Jitovesi, 0 is natural wood smoke harmifiLl? a If t want tothnurn wood stuagld 1 do? Learn more about :the health effects of wood. smoke pfillidtion tigitatt aria outdoor weirsdictired boners thiSrs'ings)? -99- OYVESs are wood- fired water heaters that are located outdoors or are separated from the space being heated. The fires in the large fire boxes heat water that is circulated Into the home Mrough underground pipes. The energy may be used to heat houses, shops, domestic hot water, greenhouses, swimming pools and spas. Indoor installed boilers are a variation of an OWE. They are in the same legal category as OW5s, and subject to the same regulations. titre tiny OWIRs legeg n WasitlipAgton? Not at this timed However, Ecology is willing to consider allowing DVVBs to he sold in iNashington if the manufacturers can prove they rneet Washington's standards. To prove an OWE meets Washington's standards, a manufacturer must: a have the device tested using a test method that Ecology considers adequate and ;acceptable; and sohndit test results to Ecology snowing the OWE emits no more than 4.5 grams of fine particles per hour. The 0.5. ;Environmental Protection Agency has a voluntary program for manufacturers of outdoor wood-fired boilers. Boilers that are accepted into this program meet stricter guidelines and polinte less. However, even these boilers pollute too much to be allowed in Washington. You can 8/30/10 12:16t http://wnecyafa.goviprogramsjalriA0P_Permits/Boller/Outtioor_Failers_home.html Page 1 of Otilefo Of Wood-Teed Boilers 8/30/1012;162 find more information or this program at Most tIMNIBs employ very primitive combustion technology. Vidr.an the water clrcutating through the igimace reaches an upper set point (usually sound 3.30°F) the air subply to the fire iS curneff, rooting the fire so the water will not overheat. The furnace operates in thie "idle" MOde until the //atartomparsture hits c!nwerset point and the air supply is re-estub!ished, Undcrcv/no conditions, the CAWS may hein idle mode far Sanger than |noperating mode, This tripe nfoperating, causes very poor cumb:sd»nand heavy k/u|smoke. Host oi• dos srnoka emttted is fine co nriensed organic material that rLucs not burn undar cool, ozyosr ctap/ad conditions, Bu/nk/o*nod with too much water content tar% moisture or iess is required by state lativ) can also cause poor combustion. Wood From die outdo/Jr winter wood pile nnayue very cold when loaded into the ow8 causinq an even coider fire. Yes, Newly manufactured indoor wood stoves are required omeet strict Washington State •particie itimissions standards, 2.3 grams per hour for catalytic stoves and 4.5 drams per hour for ooncota(ytic stoves. ln contrast, tests done hy the Northeast States for Coordlnated Air Use Management (NESCAUM) found that the average fine particle emissions (a particoiarly harmful pollutant) from one OWE are equivalent to the emissions from 22 EPA certified wood stoves, 205 oil furnaces, or as many as 8,300 natural gas furnaces One CMS can emit as much fine particle matter as four heavy duty diesel trucks on a grams per hour basis, The smallest OM/B has the potential to emit almost one and one-half tons of particulate matter every year. Although &der style indoor wood stoves emit marc than new certil9ed stoves, irhey am still zeverai times less polluting than OvvGs, Due to treir poor combustion c:ondirons, 14 is eisa probable that OWFJs ernit proportionately more benzene, polycyclic aromatic hydrocarbons, gormaidehyde and other toxic partial combustion products which have been linked to asthma, heart attacks and cancer. Yes, ail wood smoke is harmful, fine particles from smoke emissions can tie carried deep n the lungs and can be responsible for significant nealth problems, Including asthma, hind diseases, oeun diseases and death. These particles can aiso increase the riois certain types vycancer. 3reathi^gorn:keis people with heart and iu:gaii,nents. 11 is estirnated that fihe particle air pn|!ot|on costs citizens o� vYashington State hundreds ofrni|}innsof dollars eac:h year iro health care costs and lost productivity due tuillness. itt Ivenairat. burin wood, viftrat*idanild JWs? First, consider your neighbors, Burning wood in dense residential neighborhoods may never |�o agond idea, :0 l-lays an energy expert inspect your nome. /4. You may find that more. insulation or other energy saving improvements may be a better investrnent than an expensive wood heating osvice. ify^uhaveann|darnnn'curt|fied*voJstcvc,consijerpu/rhas!nyndeone/,mnreeMicimni natural gas, propane, peliet or EPA certified woodstove. (I EPA Ouitoorwood-fired holler sites Magi»ochaselts wood-fired bolters vvefl site /~,'//www,cy.wm*o,/vm,mm*a/,/«o,_P+/mus/000m/oumow,«mlro_oomeaon/ eage2"', '1OO. .wv Outdoor Wood-Fired Boilers 8/ 30/ W11216 ':f.tfragn.f.LEICIDth:.fil:g0 taaga:a.a"iatta.ain, f:Sir 1 .)0114i9c1 :::21.1:1E:AaItt, cota.c CC' PYright (t) WaShingt011St.2,te Deparotant of EccIogy. SEe iottpJ/www.ecy.wa,gov/copyright.,htrfu. hgp:(hanaw.egewagov/proorems/airiA0P_Permits/Bolier/Outdoor_Bollers_home.html -101 Page 3 of PM. Sections: 8.21.010 8.21.020 8.21.030 8.21.040 Definitions. Prohibited acts and requirements. Vo untauy removal-, replacement, or repair program. Forecasting exceedanoes and voluntary restrictions in the nonattainment area during an fiert. Chapter t21 R QW LTTY CONTROL PROD 21.010 finiti *era in this chapter, the fo lowing definitions apply: lent" means a .notice issued by the FNS; air gaaaiit�r division when the division determines, using avail able data, that a violation of the 35 micrograms per cubic meter wil likely occur. ppi nce" means a device or apparatus that is manufactured end designed to utilize energy. Clean wood" means natural wood th zt has not been painted, varnished, or coated with a similar mnateria has not been treated with preservatives, and does not contain resins or glues as in p[ywosd or other comp site Fvo products. "Constructs n nd Bernohtion debris" means a congbbmerati.rn of materials from, construction, repair, remodeling or de Rion of buildings a structures containing any prohibited fuel. "Cook stove" means a wood burning appliance that is esigned primarily for cocking ford and that has the following characteristics: 1. .n Sven, with a volume of 0.02 cubic meters (one cubic foot) or grater, nd an oven rack; 2. A. device fir measurino oven to peratures; flame path th t is routed around the oven; -102- 4. A shaker grate, 5. An ash pan; 5. An ash clean -out door b id w the oven; and 7. The absence of a fan or heat channels t dissipate heat ffrrom the device, "Division" means the Fairbanks North Star Borough air quality division. "Episode" means when conditions reach aiert status. "Firepl ce'a means an assembly consisting of a hearth and open fire chamber of noncombustible factory-built or masonry materials and provided with a chimney, for use ith solid fuels which cannot be operated ith an air to fuel ratio of Bess than 35 to one. "Forec st" means a description of tie current dispersion conditions described as good, fair, or poor and including the expected P 2.5 concentrations expressed in micrograms per cubic meter. "Hydronic" means having to do with a system moving heat from one Boo Lion to another by means of the circulation of a heat tr, nsffer liquid through piping or tubing. "Hydroric heater" means a fuel burning appliance designed to (1) bum wood or other solid fuels and (2) heat building space and /or da•mestic hot water via the distribution, typically through pipe, of a fluid heated in the ppiianc "Masonry heater" me ins a wood burning ppiiance that complies with the guidelines off ASTI`,r, E1502-08, Standard Guide for Construction .f Mas Heaters, and: 1. is designed nd intended for operation only in a dosed combustion chamber conffigur ti n; and 2. Has enough therm storage c p city to maintain no less th .n 50.0 perc° nt of the maxi um masonry -mass temperature for at least four hours after the maximum m sorry -mass temperature has been reached. Nonattainrruent area" is the area depicted on the m tp attached to the ordinance codified in this chapter and is further defined as follows: -103- MTRS FOOL N001 All Sections, MTRS F001 N001'E Sections 2 -11, 14 -23, 26 -34, MT F S F001 X1002 Sections 1 -5, 8 -17, 20 -29, 32-36, S FOO u S0 ®1 E cti ns 1, 3 -30, 32-36, MTRS F001 5001 W Sections 1 -30, ;'/TRS F001 8002E Sections 6 -8, 17 -20, 29 -35, MTRS FOO1S0O2W Secti ns 1 -5, 8 -17, 20-29, 32 -33, MTRS FO013003E Sections 31 -32, MTRS FOO2N001 E Sections 31 -35, M RS F002 001 Sections. 2 31 -30, (v1TRS FO02N002 Sections 32 -33, 36, TRS IF0023001 E Sections 1- 2, MTRS F0023002E m 3ecti ns 1-17, 21 -24, MTRS f 0028003E Section 5 -8, 18. "Opacity" means the reduction in transmitted light through a cco[umn of smoke as measured by an observer certi ied in using the EPA Reference ethod 9 s defined in federal law. "Particulate matter" or "!M" means total particulate matter including PM1O and P 2.5 (condensable and noncan ensabie fraction) and is a complex airborne mixture of extremely small p<rticies and liquid droplets that are made up of a number of components, including scuds, rganic chemicals, metals, soil, or dust. "Pellet fuel burning appliance" means a classed combustlarn, vented appliance c quipped with fuel teed mechanism for burning processed pellets of solid fuel of a specified size nd composition. "Pellet stove" means a ruonhydronic pellet fuel burning appliance designed to be installed within the living quarters of a building. „PM2 5" means particulate matter comprised of particles that have diem -:tern of two and one -h if microns or less. "S ale" means the transfer of ownership arr control. "Solid fuel [burning appliance" means any appliance, unless speciffic. Hy excluded from this definition, designed to Township Range Delineated Boundary for the Fairbanks Nohettainment Area -104- duce heat by burning nongaseous and noniiquid ffueis. This definition includes, but is not limited to: 1. ood stoves; 2. Cosa stoves; 3. •flood- or pellet -fired hydronic' heaters; 4. Wood -gored ffurrtacccs; 5. Cosimired hydronic heaters; and 6. Co 1-fired furnaces. The foil ing appliances are specifically excluded from this deffiniti.r�: 1. [uMasonry heaters; 2. Pellet stoves; 3. Cork staves; and 4. Fireplaces. *rd. 2010 -2l 2, 2010) 8.21.020 Pr hi .rated acts and regtdrements. A. Emissions Limit in the N ;n ttainrnent Area. 1. No person shall insta or ailo the installation, within the nonattahnment area, of a solid fuel burning appliance unless It is listed by the borough as qualifying under this chapter and the inst<aDation co nplies ith all other requirements imposed in this chapter. U shall be unlawful to instal[ or fail to remove a solid fuel burning appliance installed in violation a this section. The appilance shall be so listed by the bor u off: a. The a pliance is certified by the U.S. Environments[ Protection Agency as meeting the federal emissions limit standard appropriate for that appliance or in the cafe of hydrsnic heaters re at le: st phase [l quaHlied. For purposes of this subsection "certified" me fns that the solid fuel appliance meets emission performance st:= ndards when tested by an accredited independent haborator y and labeled ccordinq to procedures specified by the EPA in 40 CFR 60 Subpart or b. Thr ap nee is tested by an accredited independent laboratory, or other du &led person or entity approved by the borough, establishing that It eets the EPA emissions limit s4, .ndard appropri te for that r,ppliance, -105- 2. This section becomes effective 30 days following adoption of the ordinance edified in this chapter. B. Visible Emissions Standard in the Nonatt inment 1. Standard. After September 1, 2011, no person she a cause, permit, or al *w the emission from solid fuel combustion appliance on the nonattaonment area to create opacity greater than 50 perc nt for a period fir periods aggregating more than 16 minutes on any hour except during the first 20 minutes after the initial firing of a cold unit. 2. Procedures and Enforcement. thsds nd procedures specified by the EPA in 40 CFR 0 Appendix A Reference Method 9 (Visua1 l!et :rrnonatlon of the Opacity of Emissions from Stationary Sources) shall be used t d termone compliance with this section. Smoke visible from a chimney, flue +,r exhaust duct in exc ss of the opacity sta ndard shall constitute prima facie evidence of unla ul operation of an applicable soil fuel combustion appliance. C. PM2.6.Emissions Crossing Property Lines. No person shat9 caueeyar permit ernissi ns from a s lid fuel combustion appliance to impact tie resident(s) of an djacent property through the creation of an emissions plume that: 1. Crosses the adjacent or per1y line; 2, is observable using EPA Mello ui 22 (40 CFR 60 Appendix A); 3. is 175 micrograms per hour greater than the surrounding neighborhood background PM2.5 levels. orough -Wide installation Requirements for Kydronoc Heaters. 1. Seth els. No persin shall install or 91ow the instal ation of a hydronic heater located less than 50 feet from n adj cent proguerty line and 70 feet from any habitabBe structure that it is ntt serving at the time of inst- +Nation, unless that property or habitable structure is under common ow ership or the person receives a variance from the or p ilutlon control commission, -106- 2. Lot Size. No person shat install or allow the installation of a hydronic heater on lots less than 80,000 square feet unless the person receives a variance from the air polhuti.f control commission. 3. Stack Height. No person shah instill or So he installation f a hydronic heater that oes not have an att shed permanent st cik extending two feet higher than the roof line of any then existing residence or other habitable structure located within 140 feet sf the hydronic heater a B less the person receives a variance from the air pollution control commission. 4. Any hydronic heaters install d in viol Zion of this section shall be immediately remedied or made inoperable and rem sved as soon as practicable. E. Prohibited eels in the No attainment area. No person shall burn in the nonattainment are any of the foll ing items in a solid fuel burring akpliance or pellet stav 1. Any wood th t does not meet the definition of dean wood and, after September 1, 2011, has more than 20 percent moisture cont nt; 2. Garbage; 3. Tires; 4. Mu. aerials c nt fining plastic or rubber; 5. Waste petroleum products; 6. 6 nuts and paint thinners; 7. Chemicals; Glossy r colored papers; 9. C.nstrdction and demolition debris; 10. friy wood; 1 1. Particleboard; 1 2. S ltwater drif w.od; 13. ZJ1 pure 14. Animal carcasses; 15. asphalt pr ducts. F. Co mercial Sates ,f Solid (Fuel Burning Appliances. 1. No person shall sell or lease a s *[id fuel burning ppliance in the borough that does not meet the emissions limits established in subsection (A) of this section unless -107- the buyer signs an affidavit, on a form prescribed by the borough, that the appliance will not be installed or used in the nonafainrnent area. 2. N. person shall commercially sell or offer for sale or lease a solid fuel burning appliance In the borough unless -the commercial seller or dealer provides the prospective buyer or lessee, prior to any sales or lease agreemnent, with a written notice, prepared or approved by the division, that includes, but is not limited to, the col o Yong. a. The emission iimits and standards imposed In this chapter; b: The fuel restrictions imposed in this chapter; c. Proper installation, property location, operation, and maintenance of the ap fiance; d. "',esponsiblluty to so rate in a manner so as not to cause a nuisance c ndition; e. An advisory statement noting that installation of solid fuel burning appliances may not be appropriate in some areas due to tern in, meteorological conditions, or atler relevant conditions that render the operati n ff the appliance a public nuisance or health hazard even though it is otherwise legally installed and operated; and f. Voluntary participation in the borough`s eduuc_,tional pro ram. Those providing appropri t-: contact lnformation will be given the opp.rtunity to sign up for a variety of solid fuel burning educ tional programs offered by the borough. 3. The written n tioe requlr d in this section she 1 be signed >znd dated by the prsspective buyer or lessee pri ,r to purchase .r lease t.a indicate receipt ff the notiffic tion requirements of this section. 4. The commercial de er or seller shall mail or othe ise provide o.py ff the notice, any required a id avit, grid the voluntary educ tional sign -up form Of completed by the purchaser and given to the seller or dealer) to the division within 30 days of the sale. Al commercial deg +lers or sellers shall So include with the -108- notice documentation showing whether the appliance sold or leased meets the borough's emissions standard. 5. This section becomes effective 30 days following a d.ption of the ordinance codified in this chapter. a. Nuisance. No person shall cause or Bo emissions of a solid fuel burning appliance that re injurious to human life or to property r that unreasonably lntedare with the comf®rtN bie enjoyment of life or property. No person shat operate a solid fuel burning appliance in a manner so as to create a public or private nuts nce. A violation of a provision of this chapter is hereby declared to be a nuisance. H. Other Laws. Nothing in this code precludes other local jurisdictions from having more restrictive codes. L Code Enforcement. There shall be vateritten prcccedures r code enforce ent of the air quality contr program within 30 days following the adoption of the ordinance codified in this chapter. rd. 2010 -2: 2, 2010) -109 821.030 Voommt pry removal, repBace€neM *r rep or program. The Fairbanks Nrth Star :rough shall, t tie extent funds are available and appr iated by the assembly, offer a removal, replacement, r repair program to help offset the costs of removing, reps co g, or repairing a solid fuel burning appliance. This program shall be subject to the folio ing eligibility requirements, conditions, and criteria: A. GeneraI f"equuirements. 1. Appilcati r An applioataon app ,roved by the division must be submitted Song with any documentation required by the division. The application for either the removal or replacement program shag[ include a signed, recordable document restricting future installations of nonqualifying slid fuel burning appliances and requiring a ppro ri t notice in a seller's disclosure statement. 2. !'rioroty nking. Applications shall be prioritized by the division which shall prioritize applications based on geographical location, type of prgram being utilized, and Aso ta[ s cip Year Pa yy m e r�t Credit the type of solid ffuSi burning appliance being ro, roved, replaced, sr repaired. scoring shall occur every 90 days until the funds appropriated for the program have been expended. 3. Eligibility. The program is limited to leg sHy installed appliances in a homeswner's primary residence located in the non ttsainment are if an application receives a priority score sufficient to qualify for a program, the applicant wil be given up to 90 days to meet all of the requirements for the type of' program selected. Applicants must have no delinquent property tax or penalty or interest owing at the time of application. 4. Payments nd Tax Credits. Applicants for the removal a rid replacement programs will be eligible for cash payments and tax credits, or cash payments only, depending on when they apply and the type .ff program utilized. Payments and /or tax credits shall be available s follows: 6/30/1 F Scala Ye` r t 6/30/12 Total e� 7/1/11 $4,500 $3,000 ash 61unial a0 PaymerMt Ta redlt ,000 s years at $750.00/yr 2 years at $750.00/y9r Appliances. Remov P, Removal of Al[ ff Hydronic Heaters. -110 Other Solid heft u crosr�g Hsca Y ea r Tot Cash Payment T Crecift 7/1/10 6/30/11 $2,500 $1,000 2 years at $750.0O /yr 7/1/11 {6/30/12 $1,500 $500.00 2 years as .00/°yr 6/30111 7/1/11 $2,000 6/30/ 1 .000 7/1/10 $2,500 $1,000 2 years at $750,00/yr 2 years at $500.O0/yr c. Replacement of Hydron c Heaters. d. Replacement of fl Other Solari Fuel Burning Appliances and ny Necessary Chimney Replacement. Fisca Year T ©tS 7/1/10 613011 $2,500 7/1/11 /30/12 $2,000 Pd as 9n n��.dp ®v epBacem nt Cas Payment Chumney pb cement Cash Pay ant $1,500 $1, $t000 1 ,0 00 B. Voluntary Removal Pr gram. The voluntary removal program will help fret the costs ti remove a soli./ fuel burning appliance so that the property odd be heated by 111 an acceptable alternative as determined by the division and which must, at a minimum, not fall within the definition of a solid fuel burning appliance. in addition to the gener requirements set forth in this section, applicants must meet the following additional requirements: 1. Fully comply with the inspection process required by the division that shall ensure that the existence of the appilance to be removed from the applicant's property is properly documented. 2. R moval of the ppliance. 3. Delivery if the appliance to the authorized decommission station. 4. Certificate of destruction delivered to the division. C. solacement Program. The replac meat program mill help offset the costs of replacing an unqualified solid fuel burning appliance with a qualified borough- listed appliance installed in compliance with this chapter and with the costs o f upgrading the chimney to the extent required by the manufacturer of the qualified borough-listed appliance for proper installation. in addition to the eneral requirements set forth in t 'is section, applicants must meet the following additional requirerne� pis: 1. Fully co p y with the inspection process required by the divisi.n that shall ensure that the existence of the appliance to be replaced fr.m the applicant's properly is properly d.curented. 2. Removal of appli once. 3. is livery of appliance to the authorized decommission station. 4. Certificate of destruct ri delivered to the division. 5. Verified, by applicant affidavit and visual inspection, install atimn of qualified iborough- listed appliance in compliance vrith this chapter. C. Repair Progr 1. The repair program will pay for the: a. Repl cement of a wood stove's catalytic converter that has exceeded its life span. Approved applicants will receive a voucher. The old catalyst may then -112- be exchanged, using the voucher, at an approved vendor f a new catalyst. Vouchers not used within 90 days of issue shah be void. Replacement of any emissions-reducing component of an EPA-certified wood stove up to the maximum n Count ff $750.00. c. epair or extension of chimney or am stack to bring an appliance into compliance with this chapter. 2. This section becomes effective 45 toys ffolV.wa9ing adoption of the ordinance codified in this chapter. (Ord. 2010 -28 2, 2010) 3.21.e y F °r'ed astin exc ed nnces nd o rotary restrict in the nova abimerat area during an alero During the winter months f October through March, the bur ugh sh dl issue a daily PM forecast at 4 :30 p.m. Monday through Friday. When the P 1 concentr: lion readies the onset level for an episode anal is expected to remain at that 9tvei for 12 hours, an alert viii be Cedar d. Once n adert is declared, P control measures set forth in this section stagy „d be implemented and continued unti'd the alert its c nceDBed. B. Voluntary ['estrictions in the Nonattainrnent Area During an Alert. 1. Residents shall be requested to voluntarily stop oiler ;lion of solid fuel burning applianc e. s, p ,Bet stoves, and masonry heaters in the n. nattainment area. 2. The division wiii notify local media to ensure the declared alert is broadcast. information within the noti icatfltn wiii contain the PM forecast and procedures to reduce sources of PM. (Ord. 2010 -28 §'2, 2010) 113 TM i'Ms page at the Fairbanks North Star BloroMflm Coda as surcart through Orteraoece 2®a© -$t passed 2tote a 2010. Disclaimer: The Borough Clerk's Office has the official version of the Fairbanks North Star Borough Code, Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. 114 Borough Website: http://www.co.fairbanks.ak.usi (http://www.co.falrbanks.att.us/) Telephone number: (907) 459 -1401 Code Publishing Company http: /www.codepublishing.comf) FNSB Air Quality Improvers NOTICE OF RESTRICTIONS FOR SOLID FUEL BURNING DEVICES IN THE FNSB NON- ATTAINMENT AREA On June 10,2010, the Fairbanks North Star Borough (FNSB) adopted Ordinance No. 2010 -28, which created, in part, guidelines and restrictions on the installation and operation of sblid fuel burning devices (SFBDs) in the FNSB non attainment area (see Figure L) for reducing fine particulate pollution (PM in order to bring the Borough into compliance with Environmental Protection Agency (EPA) standards and to generally create a more healthful environment for Borough residents. In order to rneet the emission limits and standards imposed by the EPA, only Borough- approved SFBDs will be allowed to be installed in the non attainment area. Only clean wood (natural wood that has not been painted, varnished or coated with a similar material, has not been treated with preservatives, and does not contain resins or glues as in plywood or other composited wood products) will be allowed to be burned in a wood burning appliance. After September 1, 2011, no person shall cause, permit, or allow the emission from a SFBD in the non-attainment area to create opacity greater than 50 percent for a period of more than 15 ,minutes in any hour except during the initial 20 minutes after firing a cold unit (see FIGURE 2). The following fuels are PROHIBITED in the non attainment area: any wood that does not meet the definition of dean wood and, after September 1, 2011, has more than 20% moisture content, garbage, tires, materials containing plastic or rubber, waste petroleum products, paints and paint thinners, chemicals; glossy or colored papers, construction and demolition debris, plywood, particleboard, saltwater driftwood, manure, animal carcasses, or asphalt products. The installation of SFBDs may not be appropriate in some areas due to terrain, meteorological conditions, or other relevant conditions that render the operation of the appliance a nuisance. Emissions from SFBD are not allowed to impact the resident(s) of an adjacent property through the creation of an emissions plume that: (1) crosses the adjacent property line; (2) is observable using EPA method 22 (40 CFR 60 Appendix A); or (3) is 175 micrograms per hour greater than the surrounding neighborhood background PM levels. Even when an appliance is otherwise legally installed and operated in accordance with the manufacturer's specifications, it is your responsibility to operate any SFBD in a manner that does not create a nuisance. The installation of Hydronic heaters (fuel burning appliances designed to (1) burn wood or other solid fuels; and (2) heat building space .and/or domestic hot water via the distribution, typically through pipes, of a fluid heated in the appliance) is not permitted on lots of less than 80,000 square feet (or approximately 1.83 acres). No installation is allowed within 50 feet of an adjacent property line or 70 feet of any habitable structure that is not served by the appliance. Stack heights must extend two feet higher than the roof line of any then existing residence located within 140 feet of the appliance (see FIGURE 3). Variances may be granted on a case -by -case basis by the Air Pollution Control Commission; for an appointment contact FNSB Air Quality at (907) 459- 1005. The Borough offers a variety of solid fuel burning educational programs, which may include: informationa3 packets, workshops, and demonstrations. Participation in such programs is voluntary. If at any time you have questions or concerns, please contact FNSB Air Quality at (907) 459 -1005 or visit wwwinsb.us /airquality. By signing below I confirm that I have received and read the above notice. PRINTED NAME I would like to participate in the Borough's voluntary educational program YES E -MAIL ADDRESS ALL INFORMATION IS SUBJECT TO PUBLIC DISCLOSURE SIGNATURE MAILING ADDRESS Customer Copy -115- NO ifl DATE PHONE NUMBER (Revised July 12, 2010) FNSB Air Quality Improvement Program NOTICE OF RESTRICTIONS FOR SOLID FUEL BURNING DEVICES IN THE FNSB NON- ATTAINMENT AREA On June 10, 2010, the Fairbanks North Star Borough (FNSB) adopted Ordinance No. 2010 -28, which created, in part, guidelines and restrictions on the installation and operation of solid fuel burning devices (SFBOs) in the FNSB non attainment area (see Figure 1) for reducing fine particulate pollution (PM2_5), in order to bring the Borough into compliance with Environmental Protection Agency (EPA) standards and to generally create a more healthful environment for Borough residents. In order to meet the emission limits and standards imposed by the EPA, only Borough- approved SFBDs will be allowed to be installed in the non attainment area. Only clean wood (natural wood that has not been painted, varnished or coated with a similar (material, has not been treated with preservatives, and does not contain resins or glues as in plywood or other composited wood products) will be allowed to be burned In a wood burning appliance. After September 1, 2011, no person shall cause, permit, or a Bow the emission from a SFBD in the non attainment area to create opacity greater than 50 percent for a period of more than 15 minutes in any hour except during the initial 20 minutes after firing a cold unit (see FIGURE 2). The following fuels are PROHIBITED in the non attainment area: any wood that does not meet the definition of dean wood and, after September 1, 2011, has more than 20% moisture content, garbage, tires, materials containing plastic or rubber, waste petroleum products, paints and paint thinners, chemicals, glossy or colored papers, construction and demolition debris, plywood, particleboard, saltwater driftwood, manure, animal carcasses, or asphalt products. The installation of SFBDs may not be appropriate in some areas due to terrain, meteorological conditions, or other relevant conditions that render the operation of the appliance a nuisance. Emissions from SEGO are not allowed to impact the resident(s) of an adjacent property through the creation of an emissions plume that (1) crosses the adjacent property line; (21 is observable using EPA method 22 (40 CFR 60 Appendix A); or (3) is 175 micrograms per hour greater than the surrounding neighborhood background PM levels. Even when an appliance is otherwise legally installed and operated in accordance with the manufacturer's specifications, it is your responsibility to operate any SFBD in a manner that does not create a nuisance. The installation of Hydronic heaters (fuel burning appliances designed to (1) bum wood or other solid fuels; and (2) heat luilding space and /or domestic hot water via the distribution, typically through pipes, of a fluid heated in the appliance) is not permitted on lots of less than 80,000 square feet (or approximately 1.83 acres). No installation is allowed within 50 feet of an adjacent property line or 70 feet of any habitable structure that is not served by the appliance. Stack heights must extend two feet higher than the roof line of any then existing residence located within 140 feet of the appliance (see FIGURE 3). Variances may be granted on a case -by -case basis by the Air Pollution Control Commission; for an appointment contact FNSB Air Quality at (907) 459- 1005. The Borough offers a variety of solid fuel burning educational programs, which may include: informational packets, workshops, and demonstrations. Participation in such programs is voluntary. If at any time you have questions or concerns, please contact FNSB Air Quality at (907) 459 -1005 or visit www,fnsb.us /airquaiity. By signing below I confirm that I have received and read the above notice. PRINTED NAME SIGNATURE 4 would like to participate in the Borough's voluntary educational program YES NO E -MAIL ADDRESS ALL INFORMATION 15 SUBJECT TO PUBLIC DISCLOSURE MAILING ADDRESS Vendor Copy -1 1 6- DATE PHONE NUMBER (Revised July 12, 2010( FNSB Air Quality Improvement Prograrsa NOTICE OF RESTRICTIONS FOR SOLID FUEL BURNING DEVICES IN THE FNSB NON- ATTAINMENT AREA On June 10, 2010, the Fairbanks North Star Borough (FNSB) adopted Ordinance No. 2010 -28, which created, in part, guidelines and restrictions on the installation and operation of solid fuel burning devices (SFBDs) in the FNSB non attainment area (see Figure 1) for reducing fine particulate pollution (PM in order to bring the Borough into compliance with Environmental Protection Agency (EPA) standards and to generally create a more healthful environment for Borough residents. In order to meet the emission limits and standards imposed by the EPA, only Borough approved SFBDs will be allowed to be installed in the non attainment area. Only clean wood (natural wood that has not been painted, varnished or coated with a similar material, has not been treated with preservatives, and does not contain resins or glues as in plywood or other composited wood products) will be allowed to be burned in a wood burning appliance. After September 1, 2011, no person shall cause, permit, or allow the emission from a SFBD in the non attainment area to create opacity greater than 50 percent for a period of more than 15 minutes in any hour except during the initial 20 minutes after firing a cold unit (see FIGURE 2), The following fuels are PROHIBITED in the non attainment area any wood that does not meet the definition of clean wood and, after September 1, 2011, has more than 20% moisture content, garbage, tires, materials containing plastic or rubber, waste petroleum products, paints and paint thinners, chemicals, glossy or colored papers, construction and demolition debris, plywood, particleboard, saltwater driftwood, manure, animal carcasses, or asphalt products. The installation of SFBDs may not be appropriate in some areas due to terrain, meteorological conditions, or other relevant conditions that render the operation of the appliance a nuisance. Emissions from SFBD are not allowed to impact the resident(s) of an adjacent property through the creation of an emissions plume that (1} crosses the adjacent property line; (2) is observable using EPA method 22 (40 CFR 60 Appendix A); or (3) is 175 micrograms per hour greater than the surrounding neighborhood background PM levels. Even when an appliance is otherwise legally installed and operated in accordance with the manufacturer's specifications, it is your responsibility to operate any SFBD in a manner that does not create a nuisance. The installation of Hydronic heaters (fuel burning appliances designed to (1) burn wood or other solid fuels; and (2) heat building space and /or domestic hot water via the distribution, typically through pipes, of a fluid heated in the appliance) is not permitted on lots of less than 80,000 square feet (or approximately 1.83 acres). No installation is allowed within 50 feet of an adjacent property line or 70 feet of any habitable structure that is not served by the appliance. Stack heights must extend two feet higher than the roof line of any then existing residence located within 140 feet of the appliance (see FIGIJRIEE a). Variances may be granted on a case -by -case basis by the Air Pollution Control Commission; for an appointment contact FNSB Air Quality at (907) 459- 1005, The Borough offers a variety of solid fuel burning educational programs, which may include: informational packets, workshops, and demonstrations. Participation in such programs is voluntary. If at any time you have questions or concerns, please contact FNSB Air Quality at (907) 459 -1005 or visit www.fnsb.us /airquality. By signing below I confirm that I have received and read the above notice. PRINTED NAME E -MAIL ADDRESS SIGNATURE MAILING ADDRESS I would like to participate in the Borough's voluntary educational program YES l ND ALL INFORMATION IS SUBJECT TO PUBLIC DISCLOSURE Please return W FPISE Air Quality 3175 Peger Road Fairbanks, AR 997091 -117- DATE PHONE NUMBER (Revised iuiy 12, 2010) CB-raring the Air: Outdoor Wood Boilers Face Regulation Northern Woodlands Magazine 8/30/10 11:1g by Hamilton E. Davis I March 1st 2008 Torn Powers, a retired Air Force tech sergeant and a member of the Peru Town Council, keeps an eye on a wide range of issues that affect this northeastern New York town zoning problems, the local water supply, road maintenance. Over the last couple of years, one of the top items on his agenda has been the plumes- of •srnoke rising from a dozen backyard wood boilers in the town. A couple of these wood boilers are right in the hamlet of Peru, about 750 homes lying along the banks of the Little Ausable River. The others are dotted around town, an 80- square -mile swatch of rolling woods, farms, and apple orchards about 10 miles south of Plattsburg, On a chilly, matte -gray day earlier this winter, all of them appeared to be in operation, smoke spiraling lazily into the lowering clouds. n Features: Clear the Air: Outdoor Wood Boilers Face RegulaQOn Moto by tt e VT D:apt. of Envirhnrnema! These outdoor boilers bum wood and almost anything else and typically supply heat to one or more buildings at far less cost than it takes to heat a house or barn or greenhouse with fuel oil or propane, a disparity that grows as the cost of oil goes up. The smoke, however, is a very serious problem. Most outdoor wood boilers are primitive from an engineering perspective simply metal boxes sur Founded by a small water jacket. The wood burns in the box and heats the water, which is circulated to the building. If it's inconvenient for the owner to tend the boiler, he or she can load it with fuel every 12 to 24 hours or so and adjust the thermostat so it will deliver a steady trickle of heat all day. Burned in this fashion, the fire simply smolders for much of its bum cycle, sending smoke wafting out of the stack, The stacks are usually quite short, roughly half the height of the roofline of a two-story house, which means that the smoke can form a pall near the ground. If there are nearby neighbors, their homes can be invaded by the smoke. The problem is exacerbated when operators burn green or wet aod, or, worse still, things like garbage or old tires, which some of thorn At the same time, outdoor boilers potentially are a very cost effective way to utilize firewood, of which there is an enormous supply, especially in the heavily forested areas of the northern tier of the United States. Furthermore, burning wood for fuel is sustainable because wood, unlike coal or oil, is a renewable resource. Replacing those fuels with wood reduces the user's 'carbon footprint' and thereby decreases global warming. And these boilers can be made to bum cleanly. Some producers have developed boilers with drastically reduced emissions and increased buming efficiencies. These cost more to install, but savings from more efficient use of fuel help earn back the initial investment. These factors the threat from low -lying wood smoke, the prospect of big financial savings, and potential environmental benefits have combined to form a highly contentious public issue. Some states, including Vermont and Maine and, farther west, Michigan and Washington, have established strict constraints on boiler emissions, Nevi York is now developing a statewide regulation. Meanwhile, many town governments, particularly in New York and Massachusetts, have moved on their own to regulate outdoor boilers. in response, the wood- boiler industry has mounted an aggressive campaign to protect its right to continue to produce boilers of all types, including the poorly engineered, smokier units. For a process whose roots lie well back into prehistory, burning wood to generate heat can be /northernwoodlands.org /articles /article /elearing_the_air outdoor_wood_boilers faceregulation Page 1 of 15 -118- Clearing the Air: Outdoor Wood Boilers Face Regulation I Northern woodlands Magazine 8(20/10 1i:16 surprisingly complex. In this country, we began with fireplaces, where much of the heat went straight up the chimney, and then we moved to various types of indoor stoves. The generation of woodstoves that appeared in the mid -1960s was not a whole lot more efficient than fireplaces. The fact that they could he damped down deprived of a full supply of air meant that a homeowner could load them up, choke off the air flow, and then get a more or less steady flow of heat for hours. Choking off the air supply, however, is an inefficient way to get heat out of fuel and also a very dirty one: these stoves were generating a lot of smoke and pollution, and that was a major problem. In a town like Waterbury, Vermont, which lies in a bowl of hills along the Winooski River, a temperature inversion in winter could trap the smoke near ground level and make the town almost uninhabitable. Photo by VT Dept. of Environmental Conservation In response to the public outcry over this issue, the federal Environmental Protection Agency (EPA) issued rules in 1986 that forced manufacturers of wood stoves to improve their products. The older stoves, pre -EPA- certification, would typically emit 40 to 60 grams of fine particulates into the air every hour. After manufacturers were required to meet EPA standards, the allowable limit was set first at 8.5 grams per hour; in 1990, that limit was cut to 7.5 grams per hour (4.1 grams for catalytic stoves). So, to stay in business, manufacturers completely re- engineered woodstoves with catalytic converters or improved air flow to burn wood efficiently and cleanly. These regulations, however, exempted wood -fired central heating appliances, including outdoor wood boilers. When manufacturers recently began to ramp up production of these devices, many of them used the same old Inefficient box technology of the banned indoor woodstoves, which is simpler and less expensive to make and just as smoky as the banned wootlstoves. Even the cleanest burning woodstove emits some pollutants, which can include soot, fly ash, creosote, and heavy metals. These chemicals can be very dangerous in and of themselves, but perhaps the greatest danger from wood smoke is that the particles produced can be very small, smaller than 2.5 microns. A micron is a millionth of a meter, and 2.5 microns is roughly one -20th the diameter of a human hair. When a person breathes in these tiny particles, they go deep into the lungs, bypassing the normal protective structures of the airway that capture bigger particles. Any particles less than one micron in size not only enter the deepest part of the lungs but also go directly into the bloodstream, A growing body of medical research shows that these particles are carcinogenic and dangerous to human health. It doesn't have to be this way. There are outdoor boilers an the market that can burn wood with negligible emissions and minimal danger to public health, producing smoke that is even cleaner than that of the newer, EPA- certified indoor woodstoves. One of these is the Oath boiler, produced by the Dectra Corporation of St. Anthony, Minnesota. The Garn, which when standing out in the open resembles a miniature railroad tank car, is built of heavy steel and is well insulated. The main combustion chamber is a rather small box that sits inside of a large pool of water, which acts as a heat sink. Air is sucked into the unit by a constantly turning fan and is divided into two streams before it enters an insulated combustion chamber. The bottom stream goes right through the burning logs and engenders a very hot fire. The second stream passes over the tap of the combustion chamber and gathers the volatile gases being given off by the burning logs. That stream enters a secondary combustion chamber, where these gases are themselves burned. The exhaust that remains, much of it water vapor, then traverses a serpentine exhaust system running through the water pool, which wrings even more heat oul of it, This type of wood gaslfication boiler solves the emissions problem by addressing the fundamental physics of the issue, namely that the burning of wood and the storage of heat need to be handled in two separate stages. In order for wood to be burned efficiently it needs a well insulated firebox with lots of airflow to achieve high temperature combustion. In order for the resulting heat to be utilized http: /Jnort trernwoodlands.org /articles /artideiclearing uhe_alr_outdoor wood boilers_face regulation Page 2 of 15 -119- Clearing the Air: Outdoor Wood Boilers Face Regulation Northern Woodlands Magazine effectively, it requires a large storage reservoir that can hold the heat between firings. Rather than smoldering away, therefore, a Garn is burned hotter {and less: frequently). than the low -tech smoky boilers, whose design places a smalf reservoir ofi cold water directly against the firebox. For comparison, the water reservoir in Gam bailers range from 1,400 to 3,200 gallons, depending on the model. Those in the smoky variety range from 140 to 400 gallons. The efficiency ratings of the two types of boilers bear out the Garn approach. According to New York States Department of Environrnental Conservation, the efficiency of the older outdoor wood boilers currently operating in the state ranges from 28 to 50 percent, with an average of 43 percent. That means that for every twd logs you put on the fire, the heat from at least one full log goes up the chimney. EPA certified woodstoves, by contrast, run froni 68 to 72 percent, obviously much better. The efficiency -of the Gam outdoor boiler, meanwhile, exceeds the EPA standard for woodstoves. Illustration by Susan Margolis Short chimney heights (compared with house chimneys) and smoldering wood create serious air pollution. illustration based on Smoke Gets in Your Lungs: Outdoor Wood Boilers In New York State. Environmental Protection Bureau of the Attorney General at New York State, 2006 The rub, of course, is the price, According to Eric Johnson, editor of The Northern Logger magazine and moderator of an online discussion forum on wood -fired boilers, wood gasifiers range in price froni less than $5,000 at the low end to more than $10,000 for a Garn, "Bear in mind that there are substantial installation costs for these boilers as well as the relatively high initial purchase price," Johnson said. You have to take into account things like piping, a chimney or chimney liner, optional hot water storage, heat exchangers and other equipment and parts needed to mate a wood gasifier to your existing home heating system." Johnson added that the hot water storage is already included in the Garn design. Since the 1970s, the air quality divisions of the six New England states plus New York and New Jersey have been working together as a group on solutions to emission problems. This group, called NESCAUM (Northeast States for Coordinated Air Use Management) has turned its attention to wood boilers and has produced a model rule that it recommends to any government body trying to regulate outdoor boilers, in essence, the rule aims at making the boilers approximately as clears- burning as EPA- approved indoor woodstoves. The devices are not entirely comparable, however, and NESCAUM and others interested in the outdoor wood bolter industry have developed a different set of measurement standards: indoor woodstove emissions are measured in grams of fine particulate per hour, while outdoor boilers are assessed in terms of pounds of particulates per one million BTU (British Thermal Units) of heat produced inside the boiler. The NESCAUM emission standard was set at 0,44 pounds of particulates per one million BTUs produced in the boiler (not delivered to the house). The EPA has set a guideline (unlike a standard, a guideline is not enforceable) for outdoor boilers of 0.60 pounds per million BTUs, Most regulations now..in effect or being adopted.in the region, use one or. the:other. of these two numbers. By 2010, the NESCAUM model aiso calls for an even tighter standard to be adopted: 0.32 pounds per million BTUs. These emission level provisions are central to the issue, and controversial, because once adopted by a state, they would force a manufacturer of traditional smoky boilers to either redesign Its units or retreat from the field. comparison in parka /lie l:mtskiene from veneer sources (In nramsittrt nonhernwoodlands.org /articles /article /gleefins theair curd oor_wood_bollersface regulation Page 3 of 15 -120- Other provisions that NESCAUM recommends include standards for setbacks from roads and 813 /10 11:16 Al Clearing the Air: Outdoor Wood Bolters Face Regulation 1 Northern Woodlands Magazine neighbors, guidelines for opacity of smoke (another indicator of how cleanly a boiler is operating), and minimum smokestack heights to protect against particulate emission. Low smokestack heights have been a particularly vexing issue since, unlike indoor woodstoves, whose chimneys are required to be taller than the surrounding roof and whose tops are generally 20 to 30 feet above the ground, the typical outdoor boiler comes with a stack more in the 10- to 12 -foot -high range. As important as these NESCAUM constraints are, an equally important provision of the model rule is that it applies to manufacturers, not to the individuals who buy and operate the boilers. Just as with woodstoves, no one expects some government employee to go around checking on the volume of smoke coming out of e backyard stack. The rule envisions that governments will set up certification systems that manufacturers will have to comply with in order to sell their units in that jurisdiction. A rule incorporating much of the NESCAUM model goes into effect in Vermont on March 31, 2008. The emission standard will be 0.44 pounds of particulates per million BTUs and will improve to 032 pounds in 2010. Maine's law goes into effect at the same time, but using the EPA's emission standard of 0.60 pounds rather than 0.44. Maine will, however, also go to 0.32 pounds in the spring of 2010. Both states have setback and stack height provisions. Many towns in other states in the Northeast, meanwhile, are imposing restrictions of their own; these vary widely in detail and effectiveness. At least 20 towns in Massachusetts have instituted at least some controls. Several towns in the eastern Adirondacks are among the more than 50 communities in New York that have either done so or are considering it. In early January 2008 for example, the town of Essex, New York, adopted a rigorous, multi- pronged law for their community. Ron Jackson, the town administrator in Essex, said that the issue had been very contentious but after several public discussions, there was a strong consensus that something had to be done. The final ordinance was one of the strictest adopted by a single community. Out in the countryside, any new boiler will have to meet the 0.44 pound per million BTU standard. This will eliminate many of the units currently on the market. The operator will have to burn seasoned wood, or other high quality fuel such as corn, iwheat, soybeans, or wood pellets, in the historic Strict, a hamlet surrounding the ferry dock on Lake Champlain, the boilers are banned entirely; the reason, Jackson says,•is that the houses are very close together and at a low elevation, so temperature inversions cause smoke to sit down among the houses, In the rest of the hamlet and running along the Shoreline north and south of the ferry dock, there are setback requirements. Any neighbor within 500 feet of a proposed boiler would have to agree in writing not to object. Finally, in this district between the open farmland and the historic district, mostly right along the lake shore boiler operation would be banned from May to Septertiber. Other towns are still struggling with the issue. In Jay, a small town in the high peaks of the Adirondacks, Randy Douglas, the town administrator, said his community has held a public hearing on the issue but has not decided what to do. They have set up a committee to seek a compromise between supporters and opponents of regulation. http:/ fnorthernwoodiands .org /arttclesfarticlefclearing rhe_alr_outdoor wood bolters jacejegulation Page 4 of l -121- 8/30/10.11:16+ Clearing the Air: Outdoor Wood &oilers Face Regulation t Northern Woodlands Magazine 8(30/10 7.1:16 'vet eget for Various I) S S:d'r fit "One of the problems is what people are burning in them," Douglas said of the boilers. "You're supposed to burn dry wood...I've seen with my own eyes the black smoke rolling right out of them, and it leads me to believe they were burning something other than wood construction debris or garbage or whatever, People are desperate," he continued. "Fuel oil is expensive, and people are burning whatever they can to keep their stoves going." The fad is however, that developing regulations at the local level is particularly tough, socially and politically. Tom Powers in Peru, New York, is acutely conscious of that every day. There ware half a dozen boilers in town in 2007 when Peru enacted a moratorium on outdoor boilers and set up a committee to work on it "I don't believe the town wants to ban them," he said. "I wouldn't want to see them in the hamlet, but if they were in the back woods, it wouldn't matter.` The members of the Town Council know all the residents who operate the boilers in town, including within the hamlet. In a small town, its hard to say no to your friends and neighbors. That's true even though Peru is unusual in having a local law on the books requiring any Peru resident to get a town permit before installing any heating device, even in the house, Of the dozen boilers now in town, only one has such a permit. Will the Town Council move against these illegal boilers? Powers just doesn't know. Estimates of the number of boilers operating nationwide run from 150,000 to 200,000, with very rapid growth. There are dozens of manufacturers, many of whom are represented by a national trade association, the Hearth, Patio and Barbeque Association, which has mounted an all -out defense of their members' right to continue to produce and sell even the smokiest boilers. Advocates for regulation, they charge, are simply trying to stop people from heating with wood. The largest of the U.S. manufacturers is Central Boiler, Inc., of Greenbush, Minnesota. Rick Kezar, sales and marketing director for Central, declined to disclose the emission figures for the company's Classic boilers, one of the most •popular units an the market, but he denied flatly that they were a problem. He also acknowledged, however, that the Central Classic boilers could not meet the 2008' Vermont or Maine emission standards. Advocates for regulation are betting that the tightened stendards will lead to very sharp upgrades in technology and that air quality will benefit from that. In fact, Dick Valentinetti, the director of the Air Pollution Control Division of Vermont's Department of Environmental Conservation, notes that Central Boiler has designed a boiler that would qualify for certification under the new Vermont law. At the' lime this story went to press, however, there was some question of whether Central Boilers `E- Classics" were yet available for purchase. Valentinetti said that he did not think that there would be any governmental moves to eliminate old smokers that are already in place, Instead, they would be grandfethered in. Adam Sherman, an analyst at the Biomass Energy Resource Center (BERG) in Montpelier, Vermont, says he worries 7 /nonhernwoodlands.org /articles /article /clearing_the_alr_outdoor_woodboilers face regulation Page 5 of 15 -122- Clearing the Air: Outdoor Wood Boilers Face Regulat No Woodlands Magazine about manufacturers dumping as many of their early boilers on consumers as possible before the requisitions take effect. Phil Etter, environmental analyst for the Vermont Air Pollution Control Division, said that there are a number of technical issues surrounding testing of the emissions and efficiency of outdoor wood boilers, but that these are on their way to resolution. Once those are resolved, he says, there will be no problem delineating high- quality boilers, with advanced technology, from the old -style smokers. One of the most striking demonstrations that its possible to generate heat sustainably and cleanly with an outdoor wood boiler can be found at a place called Cobb Hill in Hartland, Vermont, a 270 -acre farm lying in a bowl of hills a few miles west of the Connecticut River. Cobb Hill is a co- housing project, comprised of about 20 families, with 40 or so adults and 20 children. On the valley floor, the residents operate a farm that produces vegetables, turkeys, meat chickens, honey, maple syrup, and a herd of Jersey cows that supports a thriving cheese business. Also on the site is the Sustainability Institute, which does research on systems issues. The residents live in a necklace of homes that climb a steep rib of Cobb Hill northwest of the valley floor. The organization and ethos that guide the group reflects the vision of the late Donella Meadows, a systems analyst at Dartmouth College, who was one of the project's co- founders. About halfway up the hill, roughly in the middle of the housing units, both duplexes and single family homes, is a low building that houses a Garn outdoor wood boiler and 60 cords of firewood. This boiler provides 85 percent of the annual heat and hot water needs for 19 single family homes, three apartments, and a common house for the community. The remaining heat is supplied by propane. A beck -of -the envelope calculation shows the annual cost to be around $400 per family. By contrast, the Federal Energy Information agency estimates that the typical per- family heating cost in the Northeast in the winter of 2008 will exceed $2,000. One -fifth of the cost, and of course, the Garn produces minimal emissions. The Cobb Hill boiler does exact a social cost that couldn't be met by the ordinary residential boiler operator. The co- housing group assigns a resident to monitor the mai■tey anvW „eeds of the machine, checking things like its gaskets and other mechanical parts, and watching the fuel use. The current monitor is a retired physician, Alan Keitt; he is backed up by his predecessor, Phil Rios, an analyst at the Sustainability Institute. In very cold weather, the Cobb Hill residents add fuel to the boiler every hour for 19 of the 24 hours in the day, which is part of the shared responsibilities. Loading the boiler, however, is very simple. Open the door, throw two or three chunks of 30- inch -long firewood onto the bed of coals, close the door, and you're done. And the one boiler is heating 23 family units. "We could have gotten a pellet boiler (with automatic feed)," Rice said. "But chunk wood is local and it has much less embodied energy than wood pellets. You have to pay attention to what you're doing? he continued. If you just want to turn on a thermostat, don't heat with wood. When you handle the wood that heats your house, it closes a cycle in your mind. People who move here from the city now appreciate how the whole heating system works. 1 think that's critical." Rice said that getting the five -A.M. shift enriches his life. "It's my time to see Orion, the great winter constellation. I see it at night when it's corning up, and then, at 5 A.M. I see it going down. I get to see some glorious things." Whether the outdoor wood- boiler industry itself will see similarly glorious things remains an open question. The next few years will see more and more states and towns adopting regulations, while manufacturers will come out with new models to try to meet those regulations. Outdoor wood boilers http:/ /northernwoodiands.org/anicles/a le/clearing_the_air outdooLwood boilers face regulation Page 6 of;: -123- Photo by Phil Rice Alan Keirt feeds the Gem outdoor wood bolter et Cobb NM in Hartland, Vennont 8/30/10°11:16 C'ieiirinq the Alr: Outdoor Wood one may yet become the right answer to how best to heat e house in the Northeast e region where those houses are surrounded by the fuel that heats there. Hammon E. Davie is a writer from Burlington, Vermont, 200E by the author, this article may not he copied or reproduced without the author's consent. A very clear update an the updating of wood boilers. About tirne, f suppose I will be next in line to get one installed in my house. At present I have an oil bumer, which is a cash cow for the oil suppliers, and as far as am concerned, is draining away all my savings. Al Sayee in NY 11742 1 Apr 06, 2006 VVC were just at an i_r =:i; in Custer, Wisconsin. We wilt be converting our curved roof barn into our home (barn footprint is 35 by 104 feet, and 25 feet to- the peak), We are looking at alternative sources of energy for heating /cooling the structure and thought j that the Energy.Fair would ba a great place to get educated. We wanted information on Wind Turbines for electricity generation, solar for both Photovoltaic and passive heat capture, etc. We currently heat our -2,000 sq ft (totally uninsutated) 150 year old farm home with an EMPYRE 450 outdoor wood bumer, using pallet wood. Only way we can afford to heat W While wandering around the exhibits at the Energy Fair my wife, my step son and I unexpectedly came across the GARN booth and got excited highly efficient burn, nice reservoir of stored heat, and we CAN put it into the basement (formerly milking parlor) of the barn /home. Pretty awesome. I The information we got from the GARN GUYS alone made our 3 hour drive to the Energy Fair worth the trek, My wife particularly likes (a) the fact that there is negative air pressure 'at the door so no more smelling like a fireplace after loading the burner, and (b) wean have the unit inside the house so no more getting all bundled up just to go out and load the burner. we WILL be buying a GARN for the heating of our soon to be converted, new home. We will sell our 3 year old EMPYRE outdoor wood bumer (which has and continues to function admirably for us) and move to the GARN. Very nice usable information and advice. Our home has eastern exposure, no tall trees around close urban area. I am thinking to install sun water heating system and electric collection panels. At this moment searching for information and costs associated with it. If you or same one has abiifty to help us we appreciated. Walter— utatlon I Northern Woodlands MagAzine 0230/10 11:15 F Hants Daum, in South Western Wisconsin Jun 23, 2008 -124- Waster Kozlowski in Flainvllle CT Jui 05, 20 I highly recommend the forums at the website nm, The "Green Room" has many discussions about solar, and the "Boiler Room" has lots about wood gasifying boilers, We are currently installing a wood boiler at our home and already have solar electric and hot water systems in place. In general, the thinking seems to be that heating a house in New England entirely with solar hot water is not a good way to go: You'd need a very large number of collectors for the winter (8-12, more), and would need to drain/cover/remove all but 2 or 3 of them in the summer to keep the system from boiling. The current thinking is to install enough solar to provide all of your domestic hot water during the non heating season, then use a wood boiler for both during the heating season li..._� /northemwoodl ands .org /arttclesiarticleiclearingthe air_outdoor wood_boilers_face_regulation Page 7 of 15 Clearing the Air: Outdoor Wood (toilers face Revulatir Good luck) orthern Woodlands Magazine 8/30/1011:16/ The problem is this as quoted by the U.S. EPA: "Current outdoor wood -fired heaters are substantially less efficient and more polluting than other home heating devices." That pretty much sums it up. An OWB creates on average 72 g /hr of pm 2.5 particulate matter as compared to other forms of heating (even with wood) of OWB 72 g /hr Conventional Wood Stove 18 g /hr EPA Certified Stove 6 gltw Oil Furnace 0.07 gfnr Gas Furnace 0.04 g /hr Secondly, these DON'T I repeat DON'T' save a person money. These cost around at minimum $10,000 to install and operate before you even throw your first log on the fire? So when someone claims "I can't afford my bills" well they sure could afford $10,000 to buy on of these monstrosities. I know don't have $10,000 to throw down on anything much less, something like this. So don't believe the "I'm so poor I can't heat my home" argument because it is all bogus. So in dosing would you want this across from your house? n Codnth, VT 1 Jul 22, 2008 Please visit the websites below to learn more about OVVBs and the victims they have claimed throughout the U.S.: Adam in Illinois 1 Oct 26, 2008 We decided not to build, but to restore an 1880 farmhouse 10 years ago. VW soon learned that the 1975 oil boiler was about 70% efficient and consumed 1700 gallons per year. At $4.60 per gallon (which is a little cheaper than most liberal dams like to see it), would cost us $7,000.00 plus per year. The new e- classic OWB will use around 8 cord per year at $225.00. It is not your daddy's OWB and was pricey but you do the math! Get serious! is there any form of energy liberals would be accepting oft You name, and they will find fault with it! I'm just waiting to find out how I will be punished for this purchase, probably a phony global warming wood tax under! :-re.Mi,,m in Illinois Jul 26, 2006 1 First comment would be, Where are you getting your numbers on a cord of dry firewood $150 yeah, maybe 15 years ago!! Let's start with true numbers, say $300 for dry, $250 for seasoned, and $225 for green. Those are real numbers in northern NH. Mike I Oct 09, 2006 For those who read the comments about it costing $10,000 to install and purchase a OWB and were horrified, no worries. Check eBay, that poster obviously has no common sense or simple mechanical knowledge to be able to hook one of these up. Second although firewood may cost "$300" for a cord it is obvious this person has never I considered cutting it themselves. -125- Mart in Maine I Nov 06, 2008 Living in northern Indiana I grew up on a farm and cutting firewood was a big art of my life. I enjoy everything from cutting to hand splitting the wood. My dad used a Vermont Casting wood stove, now I do as well. Mine has a catalytic system that burned out the first year of operation, It continues to do the job yet uses more wood. A Garn is in my near future. The more people that think us wood burners are nuts, the better. More sources for us11i11 Like my grandfather said "This is the fuel that warms you twice." Working to get it, and the reward of free heat. I don't understand burning green wood, dry is better in every way, Many of the people who just can't mind there own business talk about us hurting the environment with smoke from natural wood in my area are the same people wanting to install a 17 mile paved bike i trail through farms and people's back yards. That's good for the earth, more asphalt. How many Mtp:// nort hernwoodlands. org /articlesraniciejclearing_theair outdoor wood_bollers face regulation Page 8 of 15 Clearing the ftir: Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine poisonous gases will be let in the air laying 17 miles of asphalt on old railroad stone going from a town of 2000 to a town of 500 with nothing in between. My point is sorne peoples hypocrisy have no boundaries. Burn because we can and enjoy what goes with It. I love Stiht chainsaws, I love my grandpa's old ax. I love wood heat 1 try to bum dean with seasoned hardwood. I figure cutting and burning wood disturbs environmentalists enough, next they will come after my dirt bikes, I love getting fired upilliiii We have lived downwind of a Woodmaster ss434 for eight years. It stinks up our field and yard and comes into our house unless you keep every window door shut tight. We have spent decades and thousands of dollars making our acreage a clean and Iovety outdoor recreation area, which is unusable for half of the year because of the discomfort of breathing the burning creosote. We have burned wood in the past, (for one winter our only heat was an indoor wood stove) so we're not anti-wood burning. The boiler owners have refused to raise the stack (no reason given), and the wife has shouted from her front porch (they built right behind us even though they have 14 acres) that she hopes the smoke kills us, and to choke on it. They don't cut their own wood, the only time they step outside is to load the furnace and drive away. They have no outdoor activities, and don't care that they ruin ours. It almost seems like they enjoy it and after reading some of these posts, f believe they do. So much for Love Thy Neighbor. Vivian in Central MA I Jan 24, 2009 Air freedom, Kerry is right (but Moculioghs are better sawsll), hypocrisy is the MO for some, when you and your ilk and neighbors stop burning coal for electricity, then and only then can you complain about particulate matter, Vermonters live downwind from you, and don't butt into others affairs. Same with Vivian. The folks flying downwind OWN that land and have a right to use it as they see fit instead of their whiny neighbors. If you want the stack raised, offer to pay for it, otherwise keep it to yourself. Savings from an OWB are enough for me to buy a $10,000, unit, with expectations of at least 3/4 savings on my annual propane bill of $3500, and still have time to catch 1000 perch through the ice during winter. Since already have a recreational gyro pit entertainment center, my neighbors are used to smoky fires on a cool spring or fall night, and learned to shut the windows, wow Jim, you sound like the big shot organizer telling everyone what they can and can't do. What a terrible attitude you have. I'm very happy you are not MY neighbor. How dare you the affected residents should for to �.e say the affected pay height increase? And your comment about "whiny" neighbors living downwind is as rude as your entire post. When l the. "wood dust" settles in your lungs, in reality, burners are the perpetrators and non smokers own the rights to breathe clean fresh air over their perp neighbors' wood burning whims and thoughtlessness. Why don't you become a fireman? Oh, btw, don't firemen wear masks when they're around burning houses? Why? To protect their lungslll Who in their right mind wants to inhale noxious, carcinogenic wood smoke? Unless maybe they are addicted to burning wood I which parallels tobacco addiction. Tobacco and wood smoke are closely related and both are killers. Some FACTS for wood burners. Kerry in Northern Indiana Jan le, 2008 I 'I i and there are plenty more facts, illustrations AND actual videos online besides the one the link above. Try reading and becoming educated before you judge someone who does not wan and homes filled with someone else's putrid wood smoke, Ugh! h.- northernwoodlands .org /articlesjarticle /clearing the air outdoor wood_bollers face r egulation -126- in Unitas Stales Mar 16, 2009 I New York/Apr 17, 2009 Is eir lungs on in New York 1 Apr 97, 2009 8/30/10 11:16. Page 9 of 15 Clearing the Air: Outdoor Wood 6oilcrs Face Regulation Northern Woodlands Magaline 2/30(10 11:16 I would like to clear a few things up. I have actually installed a OWB in 1999,1 have invested $7500.00 in the system: This Includes a 16 by 32 wood storage barn, all the components to heat my water, house, a 40 by 40 pole barn, and my hot tub that I sit in and watch my OWB at work, I am not sure where most of you are buying your wood at 200 -300 a cord, I have never spent more than 60 a cord. 1 buy my wood by the pulp cord, that is by a log truck $625.00 a load which gets me 23 face cord. So the point is that some of you trying to paint out how expensive it is to install and operate a unit need to take another look. I spent about $925.00 this winter in Northern Michigan to heat all items mentioned, before this OWB it would have cost me about $4000.00. Every time that great big pig on wheels comes to my house to bring methat realty dean "propane" it would cost me 900 -1200 each time at 3 -4 tines a year. The best part is that I have the ability Eo install at of this myself, it was one of the greatest things I ever did, and it is really paying dividends now My second point is that if you think that because some guy delivers your heat by truck you are some how helpinglhe are we breathe you need to re think that. I do understand how it might be frustrating for some of you living next door to one on some days, bullets get real, the wind direction is continually changing, so I no it isn't as bad as you would like everyone to believe. You really should be proud of your neighbor's if you truly care about the planet. I really doubt that for most of you your issues with your neighbors have anything to do with there OWE. Tests done by the Northeast States for Coordinated Air Use Management (NESCAUM) found that the average fine particle emissions (a particularly harmful pollutant) from one OWB are equivalent to the emissions from 22 EPA certified wood stoves, 205 all furnaces, or as many as 8,000 natural gas furnaces. One OWB can emit as much fine particle matter as four heavy duty diesel trucks on a grams per hour basis, The smallest OWB has the potential to emit almost one and one -half tons of particulate matter every year. Wood smoke travels far into the atmosphere where the fine particles pollute clouds and cause global warming —and YES Mark there IS such a thing as global warming. Huntington NY just BANNED OVVBs because of excessive carcinogenic smoke. An OWB distributor from Catskill NY agreed, these devices have no place on fess than 5 acres. t would think Councilmembers and OWB suppliers have more knowledge than you people do. I for one do i not and WILL not breathe anyone's wood smoke. VVe're working on drafting and revising wood burning laws. Don't waste your money on these OWBs people. They'll eventually be banned or very strictly regulated. Put on a sweatshirt until cleaner heating alternatives are available. I To Jim: I own my land too. VVhy should someone else have the right to infect my horn with harmful wood smoke? Where are my rights? Do I have to live with the smoke to please burners so they can save money at anothers expense? Visit ai:o: /a Brad in Charlevoix the BeauVfui, Michigan 1 Apr 30, 2009 1 for important information, along with -127- ,;ley in New York May 30, 2009 Well be proud of our neighbors when they use clean energy, rather than burning wood that creates black carbon soot, -iy in New York May 30,'2009 Let's really be clear Brad, Your argument in favor of OWBs is centered around yourself. I First of all, wind changes but the excessive smoke and carcinogenic particulates scatter and hover all around neighborhoods, especially on still days and nights, even infiltrating 1 houses that are tightly closed. I would like everyone to know just HOW SAD it REALLY is! Living between one OWB and a few wood stoves put me and some other neighbors into the hospital last year. YOUR savings will be someone else's medical bill, I don't inhale auto tail pipe http: /northernwoodlands.org /articles /artIcIe /clearing the_air_outdoor wood boners facE regulation Page 10 of If CIearing the Air: Outdoor Wood Bolters Face Regulation I Northern Woodlands Magazi emissions nor do I hang my face over my oil burner chimney, therefore am not ingesting the excessive amount of poisons that your OWB is.delivering to your neighbors' lungs and also to you while you sit in your hot tub breathing poison. Burning wood is a filthy, self centered habit. To Jim: I own my and too. Why should someone else have the right to infect my home with putrid, harmful wood smoke? Where are my rights? Do I have to live with the smoke to please burners so they can save money at another's expense? Burners should five in isolated regions where there smoke remains THEIR smoke. in New Yodt I Jun 01, 2009 Hey Vicky, By this time next year will have installed a wind turbine to supply electricity to my house, hot tub, barn, and my outside wood boiler. Are you going to have a problem with my wind generator too? If your neighbor installed one would you be the type that complains about the noise, the way that it might appear, or that a bird might fly into it and lose its life? Or would you be proud of the fact that your neighbor is doing his part to help the environment? Brad in Charlevoix the beautiful Michigan/ Iraq! Jun 26, 2009 There are people out there who will not be happy till we are once again rolling in our own filth like animals. Don't by and reason with that type. Theirs is a faith based religion, not logic. Operaftons I Sep 29, 2009 1 Vicky just wanted to let you know that the Globe has been consistently cooling for the past 10 years and now some of the major atmospheric researchers believe we may be in for a mini ice age. Global Warming has been a big money grab since it was manufactured. Although if it is true and the earth is cooling we should encourage everyone to use outdoor wood boilers to SAVE THE EARTH. Lee in Upstate NY Oct 11, 2009 I would encourage the burning of wood, and do...BUT...responsibly. A simple test of ANY wood buming appliance, to see if it is efficiently burning ...is... if a lighted rag or torch is planed at the outlet of the chimney, and IF the smoke bums, you have less than complete combustion. NOW, in practice, this may result in a chimney fire OR explosion in the flue /chimney. The point is, 30 of the available energy in dry /seasoned wood: is in the gaseous volatiles produced from the initial burning process. Hence, who in their right mind would I buy a tank of gas and then pour a 1/3 of it on the ground.. As I have info on combustion, your OWB should be refractory/brick lined in the initial combustion chamber, and the 'after' chamber, or secondary, The stack should be at feast in minimum in height...AND...insulated. That allows the unburnt gases to be emitted to the atmosphere... albeit...annoying and rude to any neighbor within 1/3 mile of your installation...downwind. And, another thing is tending the unit, cleaning often, checking the auto controls, etc, etc. The smoke should not be' biting, or rancid, or foul' but the sweet smell of properly burned wood. Rich Michaels in Penn Oct 18, 2009 All of Vicky's comments are nullified by the fact that she thinks global warming is true. It is the biggest crod< in the history of man kind. Yes some of the early OWB built in peoples garages put off a lot of smoke. My OWB puts off so little smoke that I have to check it periodically to make sure it is still on. And it always has been, I could use old cars as a case for why we should .outlaw cars because of the pollution they put off, but that would be as unintelligent as your reasoning seeing the modern cars emissions have been totally revamped. Also just an FYI even without reduced OWB emissions, burning wood is carbon ht. v:// northemwoodlands. org/ articlesfarticle /ciearing_the outdoor wood_botlers face_regulatlon -128- 8 /R0 /1011:16 Page 1.1 of is I:Jr:anon the Air Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine 8/30/10-11:16 neutral sa log decaylng in the woods puts off as much ofocarbon foot print as if it were burned. So either way it is the same. Ali the liberal power-hungry peopie M government want to find more ways to regulate, so when ignorant people cry and whine about a pracfice that is as old as the world (burning wood for heat) they jump on the regulation band wagon, Very sad. Jon /o Michigan I Oct m, 2009 Brad frorn Charlevoix? How do hook niy hot tub up to my wood bumer'? know can do It, just can't find instructions on how? ;0) Gall m Central, w| Oct 22,m09 The crux of the whole outdoor wwoaomve issue centers unwnisoioou Tier x(white Tag standards go a long long way to addressing this problem. You can see a you-tube of a Gam installed in Minnesota withoutineed for a chimney. The exhaust is as clear as a balanced fiue fossil fuel heater. ..As for not breathing vehicle exhaust and suchlike try a trip up the CN tower on a humid surnmer day and see the smog blanketing Toronto. A month ago was high up on the Pennines and watched a blue haze drift west to east over the hills from Lancashire and south Yorkshire tilling the Holrne valley. Wood burning is not an issue there but industry and transportation s. own an outdoor wood �ovnand emuiss�d}soad*'ithit but /o«|�e.and see, vn�efficient models are /o 'u use and plan mvp'&,ade. Probably a gasification type. For those mu suitable location wind turbines can power water heaters and the nice thing is that as high winds ncrease heat loas they also contribute to heat supplyt Richard Belleville Ont. |Dec /6, 200G �����c----------'----������-------`------ AH people who have the property and ability to pay for and operate a wood stove or OVVB (requires money and labor no mattenwhat your circumstance), in comphance with the ocal and state regulaflons, have a moral and patriotic obligation to do 50. My OWB prevents us from burning about 1,1n0 gals o/No. 2 fuel otl a year. This lsenough oil to send a Ioaded Iractor trailer frorn coast to coast arid back again. The oil 1 save can be used by someone who doesnt have the sarne circurristances, The hardwood 1 burn is a local resource and supplied by local labor and hard working people to whom I pay a good wage. No Arab shiest or South American dictator isrnqvirnM| America must get a lot srnarter and cisc our ingenuuty to hreak the back of terrorist nations and move ourselves to energy ixdependence(much) sooner than ;a^e,. Until hydrogen fuel cells are perfected, there are few options. Wood stoves and Offies for winter heating are a great option. Wood hurning niay not he the best solution 9 you want to count particulate matter but it work-s, its a plentiful local resource and it's safe when done responsibly. No more wars over foreign oif. Think energy independence and self-reijance, Tim the oenservatlonist in Conneocut 1 Oec 09, 2009 1 moved after living in 1 location 23 years due to outdoor stove no neighbors had a stove in new Iocation for 4 yeers now there 19 00 clean air to breath even inside my house. Can't wait for the outlaw of these smoldering pieces 09 jurik. Need representatives to pass laws. mark m CENTRAL MICHIGAN [Dec ",moo ��^�����'�272 The problem with the uf outdoor boilers is that they aren't used correctly... because the nanufacturers dont always tel you how to use thern correctly. Alrnost all 09 these boilers are designed to gasify their fuel. Air is introduced in a way that the fuel Is supposed to srnolder, raleasing flamn,able gases (largely CO), more air 5 then introduced to burn off the gases. The problem is that 9 you atternpt to slow this gasification .p/onays by shutting down tha air (darnping) the flamniable 98595 never burn, and laave the ^FIpI //^,xh^'m^"oa/uouc^"g/amcly/amae/leamr-»e_a/cvotuo°r_,w"o-u"lec_face-mg"|m/oo nweo -129- Clearing the Al r: Outdoor Wood B oilers Face Regfauon I Northern Woodlands Magazine 8,'30/10 11:16 chimney as the thick whitefish gray smoke we see. When a wood fired appliance Is hooked directly to a thermostat, this is exactly what it will do; when the thermostat stops calling for heat, it doses the dampers on the boiler, and you get incomplete combustion. For This to work, the fire must be burned flat out as hot as possible, and the heat collected and stored in, for instance, a large tank of water. Then the heat can be taken from the water as it's needed without having to control the fire. This Is similar to what the Gar•does. It has a huge reservoir of water that it heats up. With the addition of a properly sized heat storage tank, any modern gasifying boiler can become very efficient. Whoever doesn't like the smoke needs to move back to the city and inhale the smog there. Burning wood does not produce harmful gasses into the air. It does not harm the environment. Fossil fuels DO. Wood does not add greenhouse gasses to the environment. Fossil fuels DO, This regulation will damage the economy of Pennsylvania by killing jobs and by increasing the heating cost of many homeowners by over 400 percent. The Commonwealth consists primarily of heavily wooded, rural areas. It makes no sense to burden the citizens of our entire Commonwealth with a rule that really only applies to densely populated areas that constitute a tiny portion of the Commonwealth. I believe that any needed regulation should be left to local municipalities. Thank you. Nancy T. Ambler in Kirkwood, Pennsylvania I Feb 03, 2010 Great article( Gasification wood boilers are often left out of discussions about OWBs and wood burning regulations. I have been using a Tarm gasification wood boiler for the last 4 years and constructed my own 1000 gallon heat storage tank two years ago. I can attest to the clean burning, high efficency, low wood consumption of these gasification wood boilers. They burn so clean that I can actually heat my storage tank in the summer once per week and get all of my domestic hot water I from wood year round. My home is 100% fossil fuel free. The high cost of the units and installation are quickly recovered with the savings from no longer needing to pay for high priced fossil fuels. You can read gasification wood boiler reviews at my website WoodNotOi(.com to see what brands and models are on the market. There are also articles and a discussion forums to help you understand gasification and heat storage. -130- Ethan in Vermont Jan 08, 2010 Vermont Mar 06, 2010 Getting back into the fray....Those who make complain that "Outdoor Wood Burners" (OWBs) are smoke and pollution belchers are unfortunately for the most part quite correct. I have one. It produces lots of smoke, sometimes embarassingty so. I can't wait to replace it with a 'GASIFYING Wood Burner. Andrew in Vermont makes an extremely important distinction. Outdoor Wood Burners versus Gasification Wood Burners. Huge difference {s). When one is in the country and sees an out -house looking building belching smoke out its short chimney they are looking at what most would call an Outdoor Wood Burner. Most people (including myself, until 1 got educated) are inclined to think that all wood burners will produce smoke like that This jsut isn't true, and it is embarassing that the makers of the gasifiers have not educated the public on how truly clean their wood burners are. The smoke- belching units use old technology which could (should best be eliminated by legislation —Stop selling this polluting technology, but allow those currently out there to continue to bum until they 'burn out'. My wife and I have been using an OWB for 4 years, it saves us about $3K per year by not having to purchase propane to heat our virtually uninsulated 120 y/o farm house. Our unit is a smoke- and pollution belcher, and I am excitedly awaiting the install of our GARN wood burner (gasifier) for heating our barn turned -home which is under construction (we will bull -doze the current home once the barn /home is complete). Our OWB is likely 35% efficient, the Garn is –85% efficient efficiency meaning the unit will utilize 35% or 85 of the heat content of the wood to heat the house. One major difference in the two units is the OWBs don't burn the creosote /smoke, ft goes up and out the chimney, whereas the r:.. /northernwoodiands.org /articles /article /clearing the_air outdoor wood_boilers face regulation Page 13 of 15 Clearing the Air: Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine gasifiers BURN the creosote /smoke. We will no longer be polluters the GARN wood burner/gasifier (a true gasifier) will meet the EPAs emission standards. In fact, it is apparent that even thirty -year old units will meet the standards the EPA is just now instituting. A gasifying wood burner nes essentially two burn chambers. The first (primary burn) chamber burns the wood essentially as a conventional fireplace does. The second chamber (preferrably lined with some type of ceramic) burns the creosote and gases (smoke) produced by the primary bum, at temperatures in the 2,000 degrees Fahrenheit range. Once that ceramic secondary burn chamber is up to temperature there is virtually no smoke.....the only thing which comes out of the I unit is water vapor. I have read on various forums where people state that when converted from what most of us would call an MB to a gasifier (a Gam, a Tarm, a Wood Gun, and many other reputable manufacturers) the 'smoke' was so greatly diminished that their neighbors asked them if they had GUT burning. wood! Quite a testament to how well the gasification process works. Sincerely, Hank in SW Wisconsin "Whoever doesn't like the smoke needs to move back to the city and inhale the smog there. Burning wood does not produce harmful gasses into the air." Respectfully, did you take a close look at the Comparison chart up above? Living in the vicinity of someone who heats with a poorly engineered or improperly operated wood burner can quickly turn your life into pure misery. There's not just the persistent stink, which can't be kept out of the most tightly sealed house; for many people —such as adults and children with asthma, older people with cardiovascular issues, etc —there can be very serious health consequences. In my suburban area of Northwest Indiana, the uncontrolled spread of wood burners is becoming I an epidemic. There's little or no regulation. P11 probably soon be driven out of the area I've lived in for 35 years, because ifs hard for someone with asthma to live all winter under a ground- hugging blanked of air pollution, Why would anyone think they have a right to foul the air above everyone else's property line? J, Peterson in northwest Indiana Apr 12, 2010 This is an update to a post made in 2009, After 10 years of living downwind of a boiler, our neighbors on the other side of our property installed one just before the state made them illegal -a regulation loophole was left open so dealers could clear their inventory. The net result of this is that at the age of 59, having no other health problems, I have developed "pulmonary reactive disease commonly known as asthma. My doctor and the pulmonary specialist who tested me have advised me to avoid the smoke at all costs, including sleeping in the tv room, to stay in the house with windows shut when the smoke is detectable (living between 2 boilers 600 feet apart that means every burning day short of gale force winds), to use an inhaler if 1 need to be outside for more than a few minutes. ittp:/( northernwoodiands .org(articleslart de /clearing the air outdoor wood_boilers face_regulatlon Page 14 of 1S Henk Daum in SW Wisconsin I Mar 12, 2010 Wood boiler owners trivialize the problems they cause because well, ifs not their problem and because like most other people, putting money in their own pocket justifies any negative effect their actions might have on other citizens. i The problems caused by Enron, Wati Street,BP,for example, all seem justified at the time because money was being made, or saved, by ignoring possible consequences down the road.The wood boiler industry was just using the standard business model to succeed, and pass that credo on to the boiler owners. In other words, Greed is still "good' in the eyes of those who profit from it, and bad for us "small people" who might suffer from it No amount of regulating, philosophizing, science teaching,or preaching is going to change the mind of anyone putting "free money" in their pocket. All of us, we and our neighbors, feel like our civil rights and personal freedoms are being abused. 1 I want my health and freedom to use my property at will, they want the freedom to save money on heat with an outdoor boiler. Both can't co- exist. These are the facts. -131- Bi 30110 11:16.t Clearing the Air Outdoor Wood Boilers Face Regulation I Northern Woodlands Magazine 8/30/10 11:16! 210 Vivimn in Central MA 1 Jun 17, 2010 The year Of 2007 -08 we spent about $3000 heating our home and water. We bought an E Classic in Aug 2008. We cut our own wood at a cost of about $200 to $300. Granted it does generate some smoke, but so did our old fuel oil furnace. We have only two neighbors, both about 100 yards from our boiler —one NE and one NW (upwind most of the time). And guess what they heat with —wood. My next nearest neighbor is a mile away. I spent $10000 by the time t had it completely installed, which I did myself.Financially, it is a no brainer. 1 will admit I burn some green wood mixed with seasoned wood, but the coals from the green wood generate an incredible amount of heat just by themselves. I really don't understand all these :so called environmentalists. Wind turbines generate no smoke and as far as 1 can tell, are not a hazzard to anyones health, but they are opposed to them too. I guess the solution is to drill more oil in the ocean. Or import it from Iraq. Thats a plan! Sam N. in Western NY I Jun 28, 2010 8abington style waste oiE heater pumps The cam gear pump works fine for filtered MO or used motor oil Babington heaters and I have installed it on my Babington style heaters. Ldu Company's stock number is 450516 The only thing about the cam gear pump is that the fire kind of pulses as the cam gear rotates. If you use the spur gear pump that is LDU's stock number 450512 then you get a steady non- pulsing fire. The WVO pump website is n o:/ n.wv -a 1cfl nl .a rr'!;�s+ r .r or you can click through to the tools section from the home page at rttp. arr u nrni 1 r ;ni LDU Company also has other parts that I use for building my waste oil burners, like gear reduction motors. I find it best to turn the pump slower because you really don't need a whole lot of oil dripping on the atomizer ball yr ru i 0 ✓u in china' Jul 14, 2010 :f northernwooddlands.org /articles /art idelclearing the_alroutdoor wood_boilersfaceregulation Page 15 of 15 -132- adn.co Fire island wind farm has yet to generate power contracts Page I of 3 adn•com Print Page Anchorage Daily News Fire Island wind farm has yet to generate power contracts By ELIZABt1H BLUEMINK ebluemink @adn.com (09/09/10 07:37:31) With nearly $44 million in federal money available to help build a Fire Island wind Farm set to expire this year, electric companies are still weighing whether to buy the wind power a vital step before the $162 million project can happen. Chugach Electric Association, the Railbelt's largest power company, is the giant at the negotiating table. But two other major power utilities are in talks, too. Anchorage -based Cook Inlet Region Inc., which wants to develop the wind farm, said It hopes to sign power- purchase agreements with at least one electric utility. CIRI needs to have deals to sell the farm's power to win the $43.8 million in federal grant available as well as obtain the rest of the money needed to build the project. Getting the utilities on board hasn't been easy, however. The Chugach board of directors weighed in recently. The board voted 6 -1 on a motion reminding its staff that the clock is ticking on the grant and telling them to negotiate with CIRI to see if a fair deal can be reached. CIRI says its project would supply nearly 4 percent of the Railbelt's electricity, bring a relatively low -cost, clean- energy project to the region and help reduce the regional electrical grid's reliance on turbines Fueled by Cook Inlet natural gas, which is in tight supply. The project is not a simple sell to the electric, companies for several reasons, Close Window For one, the power generated from Fire Island turbines, which could start producing as early as 2012, would cost several pennies per kilowatt hour more than gas fueled electricity, according to CIRI's calculations. But CIRI says its rates will be flat over time, while gas rates are expected to rise above the wind rates within a few years. Chugach Electric staff are worried about its cost to retool equipment so that wind power can enter Chugach's aging power grid, something they're now studying. Further, Chugach staff are studying how to protect the reliability of its power supply when winds dramatically fluctuate. CIRI has a cast estimate for integrating wind into the grid, but Chugach staff have not accepted it and are doing their own. A "better estimate" should be available within weeks, according to Chugach spokesman Phil Steyer. Anchorage city officials are also noncommittal about Fire Island. "I'm just not sure yet whether they have hit the price point where it's economical for ML &P to purchase power," Anchorage Mayor Dan Sullivan said about the city -owned Municipal Light Power utility. "This is a big decision for us, my board, the Assembly and the Regulatory Commi of Alaska," said ML &P general manager Jim Posey. http /www .adn.com /2010 /09 /08 /v- printer /14434341 .island -wind -farm- has- yet.html 9/9/2010 adn.com Fire Island wind farm has yet to generate power contracts Page 2 of 3 "My board has to consider it, the Assembly has to consider it and the mayor signs (off) or it. I'm moving as fast as I can," he said, The Native firm said more than $6 million has been spent on the project so far and It plans to spend another $3 million this year CIRI won't seek additional financing to build until it signs up electric companies and gets regulatory approval. A CULTURAL ISSUE ?CIRI says It has presented price terms to Chugach, ML &P and Fairbanks- based Golden Valley Electric Association and is involved in discussions with all three. But ML &P board member Charles Wohlforth, a supporter of the Fire Island project, said he is worried that the Anchorage utilities including his own will dicker over the project until the federal funding disappears and that, without this subsidy, the project could be in serious trouble. "There hasn't been a can -do attitude to get it done. If the mayor wants this project to happen, he can make it happen. He can get the people in the room to get (a) contract, If he doesn't want It to happen, it's very easy to stall and make objections," Wohlforth said. Sullivan said Wednesday he's relying on the ML &P staff to evaluate the projects viability. "The key will be the cost of the kilowatt hour to the residents of Anchorage," he said. Posey said, "It's a matter of how much data is available and how comfortable we are with the data." A BIG CHANGE? Chugach staff declined to discuss how their negotiations with CIRI are going, citing a confidentiality agreement they signed with CIRI. The chairman of the utility's board, Jim Nordlund, said he thinks the Chugach staff is working diligently. But, "The timing is critical, to be candid," he said The federal grant appears to be a one -shot deal, he said. Wohlforth said he thinks the CIRI wind proposal poses some cultural challenges for the Railbelt utilities, They have never dealt with an independent power producer," he said. In Anchorage, "They have been comfortable with the way they've always done it," negotiating long -term contracts with the major Cook Inlet natural gas producers, he said. If they sign a deal with CIRI, the utilities not CIRI will determine what to charge their customers for the wind power. The Regulatory Commission of Alaska will have to approve those rates. Posey wants the project costs to be brought down because he fears it might be too expensive for ML &P customers in Anchorage, who generally pay less for electricity than Chugach customers in the city. But CIRI says the project is about as cheap as it can get right now, The company points out that http /www.adn.com /2010/09/08/v- printer /1445434+ff3g island -wind- farm- has- yet.html 9/9/2010 adn.com F Island wind faun has yet to generate power contracts Page 3 of 3 the project's installed cost per kilowatt hour would be cheaper than at least four wind projects in Washington state and Oregon, for example. The company also predicts the project will add "only a few pennies per day" to Railbelt utility customer bills. However, both those cost estimates are contingent on CIRI receiving the $43.8 million federal grant. Find Elizabeth Bluemink oniine at adn.com /contact /ebluemink or call 257 -4317. Print Page 4 Close Window Copyright Thu Sep 9 10:25:26 UTC -0800 20101900 The Anchorage Daily News (www.adn.com) http: /www.adn.com/ 2010 /09/08/v- printer 1445434jfssisland- wind -farm- has- yet.html 9/9/2010 DEPARTMENT OF NATURAL RESOURCES DIVISION OF COASTAL AND OCEAN MANAGEMENT hlyJ1:% /www, alaskocoast swle.ak us 050U7710EAPII:A1, REGIONAL OFI7KR 550 W_ 9m AVENUE, SUITE 703 ANCRORACI( ALASKA: 99501 PH: (907)269-7470/ FAX: &07 269 -3081 Ms. M. Colleen Starring ENSTAR Natural Gas Company P.O. Box 190288 Anchorage, AK 99519 O CEMIRA(, OFFICE 20. ROK !10050 JUNEAU, ALASK4 99801 -0030 PPP (907) 465. 3562 /10/51 ;907) 165 -3075 Subject: Cook Inlet Natural Gas Storage Project ACMP I.D. AK 1007-020G Final Consistency Determination Dear Ms. Starring: September 9, 2010 SEAN PARNELL., GOVERNOR O PIPELINE COORDINATORS OFFICE. 411 WEST 4"'AVENUE, S2! /7127 ANCHORAGE, ALASKA 99501 -2333 PH.. C307)2574357 FAX: (907) 272.3829 The Division of Coastal and Ocean Management (DCOM) has completed coordinating the State's review of your proposed project for consistency with the Alaska Coastal Management Program (RCMP). DCOM has developed the attached final consistency determination based on reviewers' comments. Based on an evaluation of your project by the Alaska Departments of Environmental Conservation, Fish and Game, and Natural Resources and the Kenai Peninsula Coastal District, DCOM concurs with your certification that the project is consistent with the ACMP and affected coastal district's enforceable policies. This is the final consistency decision for your project. This consistency response is only for the project as described. If you propose any changes to the approved project, including its intended use, prior to or during its siting, construction, or operation, you must contact this office immediately to determine if further review and approval of the revised project is necessary. By copy of this letter, 1 am informing the U.S. Army Corps of Engineers of DCOM's final finding. -136- If you have any questions regarding this process, please contact me at 907 334 -2563 or email nina.brud.ie @a laska.gov. Enclosures -137- Sincerely, Nina Brudie Oil Gas Project Review Manager cc: Richard Gentges, CINGSA Tom Arminski, ENSTAR Natural Gas Larry Ostrovsky, Bruce Buzby, Brian Havelock, DNR/DOG Robin Swinford, Sandra Singer, Jennifer Murrell, Adam Smith, DNR /DMLW /Land Kathryn Young, DNR/DMLW /Contract Administration Kellie Westphal, Michael Walton, D_NR/DMLW/Water Rick Fredericksen, DNR/DMLW /Mining Ed Fogels, Tom Crafford, DNR /OPMP Hans Rinke, DNR/DOF Deanne Stevens, DNR/DGGS Ginny Litchfield,, ADFG /Habitat Ellen Simpson, ADFG Pamela Russell, DNR/DPOR/Parks DNR /DPOR SHPO Fran Roche, Sean Palmer, DEC Jody Colombie, DOA /AOGCC Linda Markham, DOT &PF Gary Williams, Kenai Peninsula Borough Coastal Resource District Mayor David Carey, Kenai Peninsula Borough City of Kenai Katherine McCafferty, USACE FINAL CONSISTENCY DETERMINATION CONCURRENCE PAGE 2 ALASKA COASTAL MANAGEMENT PROGRAM FINAL CONSISTENCY DETERMINATION CONCURRENCE DATE ISSUED: SEPTEMBER 9, 2010 PROJECT TITLE: COOK INLET NATURAL GAS STORAGE FACILITY IN KENAI, ALASKA STATE ID. No.: AK 1007 -020G AFFECTED COASTAL RESOURCE DISTRICT: KENAI PENINSULA BOROUGH PROJECT DESCRIPTION: Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) proposes to construct and operate a new underground natural gas storage facility in Kenai. Alaska. The purpose of this proposal is to assure that deliverable amounts of natural gas will be available for natural gas customers located along the railbelt during periods of high demand, under the current extraction rates from the various Cook Inlet area natural gas wells. The proposal will convert the nearly depleted Cannery Loop- Sterling C Gas Pool into an underground storage reservoir. This reservoir will store surplus natural gas during the summer months and then return that gas to the natural gas delivery system during periods of peak winter demand, receiving gas from and delivering it to a connection with the existing Marathon Oil Company Kenai Nikiski Pipeline (KNPL). The project has four main components: A subsurface gas storage reservoir (Cannery Loop Sterling C Gas Pool) administered through a Natural Gas Storage Lease by DNR Division of Oil Gas (DOG); Five injection /withdrawal wells on a 5.9 -acre well pad administered through a proposed Surface Lease by DNR Division of Mining Land and Water, Southeentral Region Land Office (SCRO); A 7.5 -acre compression /gas conditioning facility located on private land to which the state owns the subsurface estate; The associated pipelines to connect it all together (multiple land owners including DNR), administered by SCRO through a subsurface pipeline easement. The project will also include utilities, site access. and emergency egress at the compressor site, and site access at the well pad site. CINGSA will also re- enter, isolate, and plug the existing KU 13 -8 well, located on the west shore of the Kenai River. The connecting pipe will tie into the KNPL on the east side of Bridge Access Road, at the northwest corner of the mini- storage facility in the City of Kenai. Installation completion is proposed during the fall of 2011 to support planned gas injections beginning in May 2012. Site clearing and construction activities will begin in October 2010. Project completion is anticipated to be in October 2012, The project's temporary construction footprint, including KU 13 -8 activities, will be approximately 18 acres. This acreage total includes the 14.7 -acre permanent facility footprint. Construction and operations will require placement of approximately 3,000 cubic yards of fill into approximately 1/2 acre of wetlands. FINAL CONSISTENCY DETERMINATION CONCURRENCE PAGE 3 -138- Location Located on the eastern side of Cook Inlet, in the Kenai Peninsula Borough within the City of Kenai where Bridge Access Road and Beaver Loop Road intersect; T5N, R11 W, Sections 4, 5, 7, 8, 9, 17 and 18. Seward Meridian, Alaska, SCOPE OF PROJECT SUBJECT To REVIEW: The activities subject to this consistency review consist of the following: A subsurface gas storage reservoir located in Sections 4, 5, 7, 8, 9, 17 and 18, T5N Rl1 W, S.M.., which requires authorization through a gas storage lease with the DNR Division of Oil and Gas (AUL 391627); A plan of operations that encompasses all aspects of the facility, which requires approval from the DNR Division of Oil and Gas (LOCI 10 -003); A 5.9 acre injection /withdrawal well pad, associated infrastructure and ancillary features located just to the south of the intersection of Bridge Access Road. and Beaver Loop Road, within the N W'I4 NE''% of Section 9, TSN, RI 1 W, S.M., which requires authorization through a 7 acre, 55 year surface lease with the DNR Division of Mining Land and Water, Southcentral Region Land Office (ADL 230925); A 7.5 -acre compression /gas conditioning facility, associated infrastructure and ancillary features located on private land to which the state owns the subsurface estate, located within the SE/4 SF1/4 of Section 4, T5N, RI I W, S.M..; A subsurface pipeline easement administered by DNRJSCRO (ADL 230979) encompassing 75.49 acres of state -owned subsurface estate composed of three segments: Segment 1: Wellbores to Storage Facility Up to seven subsurface boreholes beneath the injection /withdrawal wells located on the proposed surface lease that will run westerly from beneath the well heads toward the proposed DOG authorized natural gas storage lease (ADL 391627). The portion of the boreholes authorized in the SCRO easement will begin at the connection point to the well heads beneath the proposed surface lease (ADL 230925) and will end at the easternmost boundary of the proposed DOG storage lease (ADL 391627). Segment 2: Wellbores to the Compression /Conditioning Facility Just south of the driveway that enters the well pad. from Bridge Access Road, and running parallel to it, will be a buried 16" natural gas pipeline for transporting the natural gas between the well pad site and the Compression /Conditioning Facility. Buried along with the pipeline will be the control cables for the remote shutdown of the well heads. Relative to this segment, the SCRO easement will authorize only: o that portion of the buried gas line and control cables that begins on the proposed surface lease and travels northeasterly to the western edge of the DOT/PF managed Bridge Access Road ROW; o that portion where the buried line emerges from the DOT /PF managed Beaver Creek Road ROW and enters the DNR managed section line easement (SLE) on the southern boundary of the privately owned Compression /Conditioning Facility; and FINAL CONSISTENCY DETERMINATION CONCURRENCE PAGE 4 -139- o that portion of the buried line that continues outside the SLE to the connection at the Compression /Conditioning Facility. Segment 3: Connection to existing Kenai Nikiski Pipeline (KNPL) This portion of buried 20" natural gas line begins at the point h exits the Compression /Conditioning Facility to the point it connects with the existing DNR authorized KNPL pipeline. The proposed alignment for this segment exiting the Compression /Conditioning Facility lies immediately adjacent to portions of Segment 2 (described above as entering the Compression /Conditioning facility), traveling along the DNR managed SLE and within the DOT /PF managed Bridge Access Road ROW. CONSISTENCY STATEMENT: DCOM concurs with the consistency certification submitted by Ms. Colleen Starring, on behalf of Cook Inlet Natural Gas Storage Alaska, LLC. AUTHORIZATIONS: State agencies shall issue the following authorizations within five days after DCOM issues the final consistency determination that concurs with the applicant's consistency certification, unless the resource agency considers additional time to be necessary to fulfill its statutory or regulatory authority. Department of Environmental Conservation. 401 Certificate of Reasonable Assurance No. POA- 2009 -1.180 Department of Natural Resources (DNR) Division of Mining, Land and Water (DMLW) Surface Lease No. ADL 230925 Pipeline Easement No. ADL 230979 Division of Oil Gas (DOG) Gas Storage Lease No. ADL 391627 Lease Plan of Operations Approval No. LOCI 10 -003 The Department of Environmental Conservation (DEC) will review any activities subject to DEC permits, certifications, approvals, and authorizations for consistency with 11 AAC 112.310. The issuance of the permits, certifications, approvals, and authorizations by DEC establishes consistency with 11 AAC 112.310 for those specific activities. This project also requires a U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP) 39, which was previously found consistent with the ACMP. The USACE has assigned the permit number POA- 2009 -1180. Please note that, in addition to their consistency review, State agencies with permitting responsibilities will evaluate this proposed project according to their specific permitting authorities. Agencies will issue permits and authorizations only if they find the proposed project complies with their statutes and regulations in addition to being consistent with the coastal program. An agency may deny a permit or authorization even though the ACMP concurs with your consistency certification. Authorities outside the ACMP may result in additional permit/lease conditions. If a requirement set out in the project description (per 11 AAC 110.260) is more or less restrictive than a similar requirement in a resource agency authorization, the applicant shall comply with the more restrictive requirement. Applicants may not use any State FINAL. CONSISTENCY DETERMINATION CONCURRENCE .PAGE S -140- land or water without Department of Natural Resources (DNR) authorization, APPEAL: This final consistency response is a final administrative order and decision under the ACMP and for purposes of Alaska Appellate Rules 601 -612. Any appeal from this decision to the superior court of Alaska must be made within thirty (30) days of the date this determination is issued. ENFORCEMENT: Pursuant to 11 AAC 11.0.260(e) and 110.445(e), if after receiving this final consistency response, the applicant fails to implement an adopted alternative measure, or if the applicant undertakes a project modification not incorporated into the final determination and not reviewed under 11 AAC 110.800 -11 AAC 110.820, State resource agency may take enforcement action according to the resource agency's statutory and regulatory authorities, priorities, available resources, and preferred methods. ADVISORIES: Please be advised that although the DCOM concurs with your certification that the project is consistent with the ACMP, you are still required to meet all applicable State and federal laws and regulations. This consistency finding may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. If the proposed activities reveal cultural or paleontological resources, please stop any work that would disturb such resources and immediately contact the State Historic Preservation Office (907- 269 -8720) and the U.S. Army Corps of Engineers (907 753 -2712) so that consultation per section 106 of the National Historic Preservation Act may proceed. Final Consistency Determination Prepared By: Nina Brudie, Oil Gas Project Review Manager 550 W. 7 Ave., Suite 705 Anchorage, AK 99501. (907)334 -2563 [Name] September 9, 2010 [date] FINAL CONSISTENCY DETERMINATION CONCURRENCE PAGE 6 -141- STATEWIDE STANDARDS 11 A AC 112.200. Coastal development (a) In planning for and approving development in or adjacent to coastal waters, districts and state agencies shall manage coastal land and water uses in such a manner that those uses that are economically or physically dependent on a coastal location are given higher priority when compared to uses that do not economically or physically require a coastal location, (b) Districts and state agencies shall give, in the following order, priority to (1) water- dependent uses and activities; (2) water related uses and activities; and (3) uses and activities that are neither water dependent nor water related for which there is no practicable inland alternative to meet the public need for the use or activity Evaluation: (b) The proposed action is not water dependent. The proposed action is water related due to the location of the target reservoir beneath the Kenai River. Due to the location of the target storage reservoir, no practical inland alternative for the proposed facilities exists. Multiple sites were evaluated and the two sites that met the project purpose and had the least environmental impacts were selected for the well pad and compression/gas conditioning facilities. Approximately 350,000 people live in the greater Cook Inlet /Anchorage region of south central Alaska, a region which faces declining supplies of locally- produced natural gas. In order to help address the area's peak winter demand for gas deliveries to the market, the applicant proposes to convert an existing neatly depleted natural gas production reservoir into a natural gas storage facility. The facility will provide service to utilities and non utilities that serve the greater Cook Inlet area. The compression /gas conditioning facility should be located as close to the storage wells as possible; this minimizes gathering header construction and minimize the resultant drop in pressure that would necessitate a larger compression /gas conditioning facility, and thereby increase the overall surface footprint and cost of the facilities; i.e., the selected sites help reduce the overall surface footprint of the storage facilities and makes for an easier operation. It is also desirable for the facilities to be located as near as possible to the gas transmission pipeline, public utilities, and maintained roads while being sufficiently remote from the general public to minimize its noise, background lighting. and operating traffic impact. The coastal location chosen for this facility is a good compromise among all these different siting criteria. (c) DCOM defers to the United States COE to interpret compliance with the referenced standards. 11 AAC 112.210. Natural hazard areas Evaluation: Aside from potential seismic hazards, there is no hazard designation listed in the Kenai Peninsula Borough (KPB) Coastal Management Plan (CMP) for this area. The project is outside of the erosion zones designated by KPB in its CMP. Facility engineering and design will meet all seismic code requirements to address potential seismic hazards 11 AAC 112.220. Coastal access Evaluation: Access to Boat Launch Road and the City of Kenai boat launch will not be affected by the proposed project. The proposed well facilities will be located between Boat Launch Road. and Bridge Access Road, with access to the well pad off Bridge Access Road. In the summer, this area is subject to high traffic volumes, and resultant congestion, related to access to the City of Kenai boat launch. Traffic FINAL CONSISTENCY DET74RM1N:ATJON CONCURRENCE ACMP CONSISTENCY EVALUATION Pursuant to the following evaluation, the project as proposed is consistent with applicable ACMP statewide and affected coastal resource district enforceable policies (copies of the policies are available on the ACMP web site at http: /www.alaskacoast.state.alcus). -142- PAGE 7 patterns will not be modified, and there will be no increase in traffic entering and exiting Bridge Access Road during operation. In addition to considering engineering and environmental concerns, the proposed facility Iocation was selected from multiple alternative configurations to maximize public access to the boat launch site, while minimizing potential problems the proposed facility may face due to the congestion along Bridge Access Road. Construction activities will he scheduled to minimize traffic during periods of greatest congestion (July) in the area of the boat ramp entrance and exit, 11 AAC 112.230. Energy facilities Evaluation: (a) (1) A thorough and extensive search was conducted to find a suitable location for the surface facilities. Eleven sites in the Kenai area were initially considered for based on three general criteria size, potential availability, and proximity to the gas storage formation. These sites were further evaluated based on the following criteria: it Locate the wells on a site sufficiently removed from the existing 12 wells directed into the Cannery Loop gas pools, so well drilling can avoid subsurface encroachment with these existing wells. Locate the above ground compression /gas conditioning facility as close as possible to the injection wells to minimize gathering header construction and minimize the resultant drop in pressure that would necessitate a larger compression /gas conditioning facility, and thereby increase the overall surface footprint and cost of the facilities. Locate the storage compression/gas conditioning facility as close as possible to an existing gas transmission tine —in this case, Marathon. Oil Company's KNPi., line, i.e., the supply /takeaway pipeline to minimize the extent of pipeline construction. Locate the compression /gas conditioning facility where there are existing public utilities (i.e., water, sewer, electrical, telephone) and maintained roads. This is desirable to minimize the overall project footprint that will be necessary for road construction, establishing on -site water supply and septic system, and extending other utilities to the site. Avoid residential and other developed areas as much as possible. This is desirable to mize potential concerns for noise, light, traffic, and other impacts from the operation of the facilities. Avoid archaeological sites and other cultural resources, as well as traditional use areas. Avoid areas occupied by endangered,, threatened, or other protected or sensitive species. Avoid or minimize impact to anadromous fish streams, high -value wildlife habitat, and Phase 1 Environmental. Site Assessment recognized environmental conditions (RECs). Eight of the eleven sites were removed from consideration following this secondary site selection phase. Three sites received site specific analyses for environmental and cultural resources considerations. The final well and facility configuration uses portions of two of these three surveyed properties in order to most effectively minimize impacts to resources. The compression/gas conditioning facility parcel (Site 1), is 40 acres of undeveloped land east of the intersection of Bridge Access Road and Beaver Loop Road. The property is generally flat (which will minimize earthwork) and is covered with trees, shrubs and. grasses. Site 1 is zoned as rural residential property, and though no residences exist in close proximity to the site, it will be necessary to initiate the rezone process. Adjacent land uses include a self storage facility (to the west) and vacant, undeveloped wetlands and uplands to the north and south. A large private gravel pit is located on the property immediately to the southeast of Site 1. City water and sewer lines and commercial electric power are available along Beaver Loop Road. Since the compression /gas conditioning facility will not be situated directly adjacent to Beaver Loop Road, natural vegetation will provide facility screening and minimize visual impacts related to the compression /gas conditioning facility itself. Facility siting also avoids an area of environmental concern identified during a Phase 1 Environmental Site Assessment, while retaining required City of Kenai and utility easement property setbacks. FINAL CONSISTENCY DETERMINATION CONCURRENCE PAGE 8 -143- Wetlands will be impacted by the proposed. project. The facility footprint was minimized and oriented in a manner that will first use available upland areas and impact the least acres of wetlands. Approximately 3,100 cubic yards of gravel will be discharged into 0.49 acre of wetlands for the project's 14.7 -acre permanent footprint. There will be no temporary discharge of fill into wetlands or other waters of the U.S. Approximately 0.1 1 acres of palustrine shrub scrub (PSS) /palustrine emergent (PEM) wetland will be permanently impacted within the overall 7.5 -acre footprint of the Compression /Gas Conditioning Facility. No fill will be discharged into wetland for the 26 -foot wide paved access road to the site from Beaver Loop Road. Approximately 0.23 acres of PSS /PEM and palustrine forested (PFO) /PSS wetland will be permanently affected by the 20 -foot wide, 1,185 foot long gravel road from the perimeter road to Van Antwerp Avenue for emergency egress. The drill pad will affect a 0.15 -acre PSS wetland. No wetlands will be permanently or temporarily affected by any discharge of fill for the 16 -inch diameter gathering line from the well pad to the compression /gas conditioning facility, or for the 20 -inch pipeline connecting the facility to the existing Marathon Oil Company Kenai Niklski Pipeline. The discharge of fill into wetlands for the project is subject to authorization from the USACE under Section 404 of the Clean Water Act, and may be authorized by Nationwide Permit 39 for Commercial and Institutional Developments, which has already been determined to be consistent with the ACMP. CINGSA has situated its well pad on this site to avoid impacts to Boat Launch Creek and to avoid direct impacts to the Kenai River public boat ramp, parking and storage areas, and Boat Launch Road. No recognized environmental concerns were noted during an October 2009 Phase I Environmental Site Assessment. Numerous layout and design configurations were considered for all or portions of Sites 1 and 3, as well as a site (Site 2) that was comprised of three private parcels immediately south of Site .1 and bisected by Beaver Loop Road. The project avoids Boat Launch Creek, an anadromous stream, and the adjacent wetlands, and the tidal wetland in the southwest of Site 3. It also avoids other streams, lakes, and ponds. The proposed facilities were located on uplands and the site plan and configurations were modified to minimize impacts to wetlands that could not be avoided. To minimize the overall project footprint and additional wetland impacts, the project is in an area served by local utilities (i.e., water, sewer, electric The City of Kenai has classified Site 3 for future development by zoning the property as commercial/industrial land. CINGSA has met' with the City of Kenai and other interested parties regarding the project plan and all parties consulted are supportive of the project. All wells and pad storage facilities will be 165 feet or more from the nearest fish bearing stream, Boat Launch Creek, a tributary of the Kenai River. The ADF &G identifies this stream as rearing habitat for coho, king, and sockeye salmon, Boat Launch Creek flows to the south east side of Site 1, on the adjacent property. This portion of the creek was modified by the landowner and subsequently restored under the direction of the Environmental Protection Agency. Boat Launch Creek flows to the southwest through a small forested private parcel and through a culvert under Beaver Loop Road. It flows eastward through another private parcel, and though culvert beneath Bridge Access Road. On the west side of Bridge Access Road, the creek is contained in a ditch in the road ROW, east of Site 3. No vegetation will be cleared. within 100 feet of Boat Launch Creek on Site 3 or within 300 feet of the creek on Site 1. A berm will be put in place at the well pad site and the compression /gas conditioning facility to prevent runoff from entering the stream (2) The proposed project at this location conforms with compatible land uses in the Kenai area though the parcel proposed for the compression /gas conditioning facility would need to be rezoned from rural residential to commercial prior to project commencement, which would be a local government action not subject to ACMP review. No concerns relating to compatible land uses were raised in the context of this consistency review. (3) In an effort to minimize the drilling and gathering line distances required to support such a project, CINGSA has consolidated its well pad and compression /gas conditioning facili as much as .ossible FINAL CONSISTENCY DETERMINATION CONCURRENCE -144- PAGE 9 while allowing for engineering and environmental constraints of the facility design. CINGSA will ufiiiz existing utilities and infrastructure to the maximum extent possible. (4) For safety and security reasons, access to the proposed facilities will he restricted to authorized persons and regulatory personnel only. (5) During the planning and permitting process, CINGSA has been and will continue to be committed to cooperating with Federal, State, and local agencies, and regional stakeholders throughout the construction and operation phases of the project. Landowners will also be consulted during this process. (6) Although there are no specific plans for expansion at this time, the current footprints could accommodate an additional well at the well pad site and an additional engine /compressor and a. second withdrawal equipment train at the compression /gas conditioning facility site if needed. (7) As described in Section (1) above, CINGSA planned facility development to he located as near as possible to the tie-in gas transmission pipeline, public utilities, and maintained roads. CINGS intends to use the existing municipal water supply for any potable, drilling, hydrostatic testing, operations, or maintenance water needs. CINGSA also plans to use the municipal sewage system for sanitary and domestic wastewater disposal. (8) The use of harbors and shipping routes will not be required by the proposed project. (9) The proposed project does not require the use of shipping vessels. (10) CINGSA facilities have been designed to minimize construction and operation footprint size to the maximum extent possible. Though some timber clearing will be required, this was the preferred alternative over additional wetland impacts. No dredging will he required. (11) Proposed project activities do not require the use of shipping routes. Construction activities are proposed in the City of Kenai, far enough inland (greater than 1,500 feet from the Kenai River) that direct effects to fishing, spawning, and hauling out grounds, marine mammal rookeries, and waterfowl nesting areas are unlikely. Construction will occur in a manner to minimize impacts to recreational anglers and personal use fishers on Kenai River. (12) The CINGSA project will not affect any water bodies. Project clearing,, grading, and construction will be scheduled to avoid the potential take ofmigratory birds. Clearing and grading will begin after the general nesting season for migratory bird, May t through July 15 in the Kenai area, as identified by the USFWS. If an active nest is encountered at any time during vegetation clearing, it will be left in place and protected until young hatch and depart. CINGSA will continue to work with the local USFWS to ensure that project construction and operation does not violate the MBTA. Some Trumpeter Swans may nest in the Kenai. Flats at the mouth of the Kenai River. No project elements are proposed for any key nesting areas, All project elements will be outside the required -mile buffer area surrounding the Kenai Flats. Steller's eiders are not expected to occur in the areas that will be occupied by the proposed facilities; the habitat is not suitable for this species. The ADF&G has not identified any concerns regarding species of concern in the project area. Bald eagles are common in the project area. There are four known bald eagle nests within one -half mile of the intersection of Bridge Access Road and Beaver Loop Road., One nest that was active in 2009 and is FINAL CONSISTENCY DETERMIINATION CONCURRENCE PAGE 10 -145- currently active is located on the property adjacent to Site 3. The nest is adjacent to and in direct line -of- site of the exit road and overflow parking area for the City of Kenai boat launch, and is subject to a high level of human activity. CINGSA considered this nest site in both site selection and facility layout. The well pad will lie within the recommended 660 -foot secondary nest protection buffer zone, A small portion of the proposed well pad, in the northwest corner, will encroach into the primary nest protection buffer zone. The distance between the nest and perimeter fence at the toe of slope will be approximately 254 feet, within the 330 -foot primary nest protection buffer zone. All wells on the site, however, will be greater than 375 feet from the nest. Drilling and land clearing on the well pad will be sequenced to minimize impacts to bald eagles, however, the applicant will apply for a federal permit under the Bald and Golden Eagle Protection. Act due to potential disturbance to nesting eagles at this site. To ensure the proposed development does not adversely affect nesting bald eagles at this site, CINGSA. will continue to coordinate the development proposal with the USFWS. Caribou forage on the Kenai Flats and may move through the project area; however, disturbance to these animals is expected to be low since they are more likely to use other areas for summer foraging and have been documented to prefer other locations for calving (pers. comm. Jeff Selinger 2010). (13) Though included within the'ICPB Designated Recreational Use Area, the KPB Coastal District has not designated this area as having particular scenic, recreational, environmental, or cultural value. The City of Kenai and other interested parties contacted to date have not identified any issues of concern. Based on information provided in the Final Archaeological Survey of Three Properties Located in Kenai, Alaska, for the Proposed Cook Inlet Natural Gas Storage Project, no cultural resource sites are anticipated to be impacted by project activities. Proposed facilities are not located within the ADNR Kenai. River Special Management Area. (14) The applicant has sited the facilities to minimize impacts to wetlands, wildlife, and flora. The wetlands impacted by the project are considered low productivity wetlands and are not considered rare (Gracz et al. 2008 www.kenaiwetlands.net). The facilities are being designed to contain all run -off and prevent spilled chemicals from reaching wetlands, rivers, and streams, as described below. The sites will be graded such that all surface water runoff is away from Boat Launch. Creek and wetlands. Due to the nature of natural gas storage activities, the applicant proposes to store only triethylene glycol, produced water, lubricating oil, engine coolant, hy'dra'ulic fluid, used oil, and ethylene glycol solution (70 percent) onsite to support facility operations. Each of these chemicals will be handled per the provisions of their onsite material safety data sheets (MSDSs) and all personnel will be trained in their care and handling. All storage and handling procedures will also be conducted in accordance with the facility's Spill Prevention, Control, and Countermeasures (SPCC) Plan. Produced water, triethylene glycol, and used oil will he stored in double- wailed atmospheric tanks. These tanks will also be equipped with level instrumentation and high -level alarms (and probably shutdowns as well). The compressor service fluids will be stored in pressure vessels, also equipped with level instruments and alarms. These tanks will he enclosed in a secondary containment dike. There will he secondary containment for all truck connections for loading and un- loading operations and in general, CINGSA personnel will be present during transfer operations. Containers with an aggregate storage capacity of greater than 55 gallons which contain fuel or hazardous substances shall not be stored within 100 feet of a waterbody. Fuel for equipment will not he permanently stored onsite; it will be acquired from local service providers. However, up to 5,000 gal of drill rig fuel (diesel) may temporarily be stored. onsite. Fuel flow diagrams, fuel transfer procedures, valving details and safety precautions for construction crews and the drilling rig will be identified in the respective contractors' SPCC Plan. FINAL CONSISTENCY DETEi MJNAT1ON CONCURRENCE PAGE 11 -146- (1 5) Project compressor exhaust stacks will conform with good engineering practice (GEP) stack height as defined in applicable Alaska regulations and will facilitate good air dispersion of potential emissions. (16) The proposed project does not require the use of shipping vessels and will not interfere with fishing operations. (b) A list of permits and authorizations required for project activities is located in Table 2 of the Plan of Operations. No project authorizations have been received to date. 11 AAC 112.240. Utility routes and facilities Evaluation: (a) The project facilities are all onshore, inland of beaches and shorelines. (b)(1) Project alterations to surface drainage patterns will be covered under a Stormwater Pollution Prevention Plan (SWPPP) as required by the Alaska Pollutant Discharge Elimination System (APDES) Program and will be provided to the A prior to operations. No alterations to groundwater drainage patterns are anticipated as a result of project activities. (2) The applicant conducted a thorough and extensive search to find a suitable location for the surface facilities. Eleven sites in the Kenai area were initially considered for based on three general criteria: size, potential availability, and proximity to the gas storage formation. Eight of the eleven sites were removed from consideration following this secondary site selection phase. Three sites received site specific analyses for environmental and cultural resources considerations. The final well and facility configuration uses portions of two of these three surveyed properties in order to most effectively minimize impacts to resources. (3) The CINGSA project is not proposed within a subsistence use area as identified by the KPB Coastal Management Plan. No blockage of existing or traditional access routes is anticipated. I I AAC 112 .250. Timb harvest and processing Evaluation: The proposed activity is not a timber harvesting and processing facility so this standard does not apply. 1 1 AAC 11 Sand and gravel extraction Evaluation: The project will not entail any extraction of sand or gravel from coastal waters, intertidal areas, barrier islands or spits. Sand and gravel for project construction will be purchased from existing, permitted gravel pits in the Kenai area. 11 A AC 112.270. Subsist Evaluation: There are no known subsistence uses on the proposed project sites. 1.1 AAC 112.280. Transportation routes and facilities Evaluation: (1) Access to the project sites by equipment and personnel will be on existing municipal roads. Travel on site will be limited to the construction footprint. CINGSA is proposing to construct one paved and two gravel access routes off of the existing public road system for regular transportation and emergency egress. The proposed transportation routes are shown on the plot plan presented as Figure 3 of the Cook Inlet Natural Gas Storage Project Plan of Operation. Alterations in surface water and groundwater drainage patterns due to transportation will be avoided by installing road culvert(s) based on actual field conditions during access road. construction. (2) Project clearing, grading, and construction will be scheduled to avoid the potential take of migratory birds. Clearing and grading will begin after the general nesting season for migratory bird, May 1 through July 15 in the Kenai area, as identified by the USFWS. If an active nest is encountered at any time during FINAL CONSISTENCY DETERMINATION CONCURRENCE -147- PACE 12 vegetation clearing, it will be left in place and protected until young hatch and depart. CINGSA will continue to work with the local USFWS to ensure that project construction and operation does not violate the MBTA. Some Trumpeter Swans may nest in the Kenai Flats at the mouth of the Kenai River. No project elements are proposed for any key nesting areas. All project elements will he outside the required 'IA -mile buffer area surrounding the Kenai Flats. Steller's eiders are not expected to occur in the areas that will be occupied by the proposed facilities; the habitat is not suitable for this species. The ADF &G has not identified any concerns regarding species of concern in the project area. Bald eagles are common in the project area. There are four known bald eagle nests within one -half mile of the intersection of Bridge Access Road and Beaver' Loop Road. One nest that was active in 2009 and is currently active is located on the property adjacent to Site 3. The nest is adjacent to and in direct line -of- site of the exit road and overflow parking area for the City of Kenai boat launch, and is subject to a high level of human activity. CINGSA considered this nest site in both site selection and facility layout. The well pad will lie within the recommended 660 -foot secondary nest protection buffer zone. A small portion of the proposed well pad, in the northwest comer, will encroach into the primary nest protection buffer zone. The distance between the nest and perimeter fence at the toe of slope will be approximately 254 feet, within the 330 -foot primary nest protection buffer zone. All wells on the site, however, will be greater than 375 feet from the nest, Drilling and land clearing on the well pad will be sequenced to minimize impacts to bald eagles, however, the applicant has applied for a federal permit under the Bald and Golden Eagle Protection Act due to potential disturbance to nesting eagles at this site. To ensure the proposed development does not adversely affect nesting bald eagles at this site, C1.NGSA will continue to coordinate the development proposal with the USFWS. Caribou forage on the Kenai Fiats and may move through the project area; however, disturbance to these animals is expected to be low since they are more likely to use other areas for summer foraging and have been doctunented to prefer other locations for calving (pers. comm. Jeff Selinger 2010). (3) The CINGSA project is not proposed within a subsistence use area as identified by the KPB Coastal Management ?Ian. The project is not anticipated to block existing or traditional access routes. 11 AAC 112.300. Habitats Evaluation: (a) The proposed activity will impact wetlands, and a portion of the activities will take place within the floodplain Zone A of the Kenai River. (b) The facility footprint was minimized and oriented in a. manner that will first use available upland areas and impact the least acres of wetlands. Approximately 3,100 cubic yards of gravel will be discharged into 0.49 acre of wetlands for the project's 14,7 -acre permanent footprint. There will be no temporary discharge of fill into wetlands or other waters of the U.S. Approximately 0.11 acres of palustrine shrub scrub (PSS) palustrine emergent (PEM) wetland will be permanently impacted within the overall 7.5 -acre footprint of the Compression /Gas Conditioning Facility. No fit] will be discharged into wetland for the 26- foot wide paved access road to the site from Beaver Loop Road. Approximately 0.23 acres of PSS /PEM and palustrine forested (PFO) /PSS wetland will be permanently affected by the 20 -foot wide, 1,185 -foot long gravel road from the perimeter road to Van Antwerp Avenue for emergency egress. The drill pad will affect a 0.15- acre .PSS wetland. No wetlands will be permanently or temporarily affected by any discharge of fill for the 16 -inch diameter gathering line from the well pad to the compression /gas conditioning facility, or for the 20 -inch pipeline connecting the facility to the existing Marathon Oil Company Kenai Nikiski Pipeline. The discharge of fill into wetlands for the project is subject to authorization from. the USACE under Section 404 of the Clean Water Act, and may be authorized by Nationwide Permit 39 for Commercial and hnstitutional Developments, which has already been determined to he consistent with the FINAL. CONSISTENCE DETERMINATION CONCURRENCE PAGE 13 -148- RCMP. The existing KU 13 -8 well, to be plugged and abandoned, is located in the Floodpla.in Zone A of the Kenai River. The well is located on a developed, industrial property owned by the City of Kenai, the site of an active fish processing facility. The approximate location of this well is an asphalt driveway adjacent to a steel -framed building used as a mess hall. This portion of the activity would be authorized by the Alaska (Aland Gas Conservation Commission, and is not subject to ACMP review. 11 AAC 112.310. Air, land, and water quality. Evaluation: Notwithstanding any other provision of this chapter,, the statutes and regulations of the Department of ,Environmental Conservation with respect to the protection of air, land, and water quality identified in AS 46.40.040(b) are incorporated into the program and, as administered by that department, constitute the exclusive components of the program with respect to those purposes. (Eff. 7/1/2004, Register 170) 11 AAC 112.320. Historic, prehistoric, and archeological resources. Evaluation: The Cook Inlet Natural Gas Storage Project, Archaeological Survey of Three Properties in Kenai, Alaska, prepared by J. Anders, D. Slaughter (Clarus Environmental Services, LLC), was submitted to Dave McMahan, Deputy SHPO, on December 10, 2009. Sites were identified during the surveys and subsequently avoided. The applicant has been advised to contact DNR/SHPO and the U.S. Army Corps of Engineers should a site of cultural or historical significance be suspected or revealed and to stop any work that would disturb any such resources. AFFECTED COASTAL RESOURCE DISTRICT ENFORCEABLE POLICIES Kenai Peninsula Borough Coastal Management Plan Enforceable Policy: 3.3. Public Access. Evaluation: The well pad., compression /gas conditioning facility, and access routes have been located to avoid direct impacts to the Kenai River public boat ramp, parking and storage areas, and Boat Launch Road. Construction activities will be scheduled to minimize activities during periods of greatest congestion (July) near the entrance to and exit from the City boat ramp. Due to the low traffic volumes during project operation, no Iong term interference with public access to these recreational areas is anticipated. Enforceable Policy: 3.5. Recreational features. Evaluation: All lands and waters of the KPB coastal zone are included within the Coastal Management Plan's recreation designation. Lands associated with the CINGSA facility have the potential to be used as recreation areas, but do not contain protected features, uses, and activities, and are not specifically designated as a recreation resource in the KPB Coastal Management Plan. CINGSA facilities have been situated and designed to minimize impacts to areas of particular scenic, recreational, environmental, or cultural value within the Kenai Peninsula Borough. FINAL CONSISTENCY DETERMINATION CONCURRENCE PAGE 14 -149- ERA GRANT Change KENAI Combined Month AVIATION AVIATION Total 2009 from AVIATION Month Total 2009 January 4,466 1,797 6,263 6,824 -561 129 6,392 February 4,171 1,805 5,976 5,971 5 110 6,096 March 4,787 2,023 6,810 6.029 781 116 6,926 April 4,366 2,018 6,384 5,804 580 126 6.510 May 4,556 1,922 6,478 6,611 -133 198 6,676 June 4,879 2,126 7,005 6,857 148 202 7,207 July 7,825 2,467 10,292 9,612 680 270 10,562 August 7,271 2,582 9,853 9,153 700 246 10,099 September 7,379 October 6,919 November 6,714 December 6,260 Totals 42,321 16,740 59,061 84,133 2,200 1,397 60,458 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 73.79% final Vehicle Parking Revenues August 2009/2010 $20,750 2010/2011 ____x23,070 anai Vehicle Parking Revenues Jul Aug Sept Oct Nov Oec Jan Feb Mar Apr May Jun -150- August 2010 9,853 ta FY10 cs FY11 Month APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER FLOAT PLANE BASIN ACTIVITY 2006-2010 Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER Slips Rented Private Commerical OPERATIONS 2010 2009 2008 2007 2006 0 0 0 0 0 109 118 66 0 99 170 190 118 72 151 220 242 242 178 265 192 278 192 221 251 146 119 173 136 68 48 30 51 Closed Closed Closed Closed 104 ?86 -4 not reported FUEL SALES 2010 2009 2008 2007 2006 $521 $368 $561 $0 $0 52,027 $2,714 $3,443 $988 $909 $3,870 52,815 $3,252 $2,660 53,138 $2,497 $3,390 $3,506 $2,721 $2,023 $2,498 $1,735 $2,493 $2,051 $642 $100 $162 $297 9 0 -151- 24 Rev 6/2008 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF SEPTEMBER 15, 2010 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Ordinance No. 2497 -2010 (the substitute) Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. 2. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by S182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. 3. Resolution No. 2010 -53 Supporting the Initiation of a Public Ferry Transportation Service Between Anchorage and the City of Kenai. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: September 16, 2010 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. Carol L Posted: 1. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 and then to the September 15, 2010 Council Meeting. The motion to adopt is active and on the floor.) a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. 2. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by $182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. 3. Resolution No. 2010 -53 Supporting the Initiation of a Public Ferry Transportation Service Between Anchorage and the City of Kenai. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 21.0 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Freas, City Clerk September 10, 2010 NOTICE OF PUBLIC HEARING SEPTEMBER 15, 2010 CITY OF KENAI COUNCIL MEETING AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 2010 7:00 P.M. NFNBIMline u KENAI CITY COUNCIL CHAMBERS http://www.ctkenaLak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1, Colleen Ward /Neighbors /Friends Conditional Use Permits. 2. Colleen Ward /Neighbors /Friends Land Use Tables Including Alternatives to Rural Residential 1 (RR -1) Zone /MAPS Neighborhood. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 and then to the September 15, 2010 Council Meeting. The motion to adopt is active and on the floor) a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. 2. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by 5182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. 3. Resolution No. 2010 -53 Supporting the Initiation of a Public Ferry Transportation Service Between Anchorage and the City of Kenai. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 515,000. 3. *Ordinance No. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC). 4. Discussion Sponsorship of Brown Bear Hockey Team Member 5. Discussion Schedule Work Session /Capital Project List and Legislators EXECUTIVE SESSION 1) A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural Gas Storage Alaska (CINGSA) Project. ITFM M: ADJOIIPNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidaigo Avenue, or visit our website at http.Uwww.ctkenai.ak.us. Carol L. Freas, City Clerk D/211 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA ss: Denise Reece sworn, on oath deposes and says: That 1 am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda P0 1193476 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: September 13, 2010 X being first duly SUBSCRIBED AND SWORN to me before this 15th day of September 2010 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 r AGENDA KENAI CITY. COUNCIL— REGULAR MEE1ING SEPTEMBER 15, 2010 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS ttpf llvmw ci.kenai ak us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1, Colleen Ward /Neighbors /Friends Conditional Use Permits. 2. Colleen Ward /Neighbors /Friends Land Use Tables Including Alternatives to Rural Residential 1 (RR -1) Zone /MAPS Neighborhood. ITEM 0: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1 Ordinance No 2497-2010 Amending KMC Chapter 1.10 Entitled "The Council,' in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections (At its July 21, meeting, the City Council substituted Ordinance No. 2497-2010 and subsequently postponed it to the September 1, 2010 and then to the September 15, 2010 Council Meeting. The motion to adopt is active and on the floor) a. Substitute Ordinance No 2497 -2010 Amending KMC Chapter 1.10. Entitled "The Council, to Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. 2. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by $182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. 3. Resolution No. 2010 -53 Supporting the Initiation of a Public Ferry Transportation Service Between Anchorage and the City of Kenai. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2 Approval of Purchase Orders Exceeding $15,000. 3 *Ordinance No. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3.300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC) 4. Discussion Sponsorship of Brown Bear Hockey Team Member 5. Discussion Schedule Work Session /Capital Project List and Legislators EXECUTIVE SESSION 1) A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural Gas Storage Alaska (CINGSA) Project. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: /www.ci.kenai.ak.us. Carol L. Frees, City Clerk D391/211 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA J }ss: Denise Reece sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Public Notice PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day consecutive day following dates: September 17, 2010 for one successive and SUBSCRIBED AND SWORN to me before 17th d of September 2010 v 'LLO NOTARY PUBLIC in favor fo State of Alaska. My Commission expires being first duly in the issues on the he 26 Aug 12 PUBL C NOTICE The City of Kenai will hold a public meeting on September 21, 2010 beginning at 6:30 p.m. in the Kenai Council Chambers located at 210 Fidalgo Avenue, Kenai. The purpose of the meeting is to discuss the construction of a community playground to be located within the City of Kenai boundary; location of the playground; and, the specific types of playground equipment and other improvements, such as parking, shelters, etc. The proposed playground would include playground equipment for children of all ages. The meeting is open to the public. Contact the Kenai City Clerk's office at 210 Fidaigo Avenue, Kenai, 283 -7535, extension 231 with questions. Carol L. Freas, City Clerk D402/211 Publish: Friday, September 17, 2010 PLBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA J1ss: Denise Reece every day for consecutive day following dates: September 24, 2010 being first duly sworn, on oath deposes and says: That I aol and was at all times here in this affidavit mentions, Supervisor of Legais of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Public Notice PO #93476 a printed copy of which is hereto annexed was published in said paper one each and one successive and in the issues on the SUBSCRIBED AND SWORN to me before this 28th day of, September 2010 et NOTARY PUBLIC in favor for the State of Alaska. My Commission ex 26- Aug -12 G L. Freas City Cle PUBLIC NOTICE Notice is hereby given, thee. Kenai Ci C ouncil at 00 will me at tot in dis a wor us seoes September 28 2090 6. pan. cs follow ng oni items Tuday, City of Kenai Fee Schedule Development of 2010/2011 Capital Project List ae work session will be held in the City Council Chambers 1 210 Fidalgo Avenue, Kenai, Alaska and is open to the public.i Contact the Kenai City Clerk's offi ce at 283 -7555, extension 23 questions. D413/211 PO #93963 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 PCBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA f ss: Denise Reece being first duly sworn, on oath deposes and says: That I an and was at all times here. in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that. the Public Notice a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: September 19 2010 SUBSCRIBED AND SWORN to me before s 20th day of September 2010 PUBLIC NOTICE The City of Kenai Beautification Committee will meet in a work session on Thursday, September 23, 2010 at 3:45 p.m, The purpose of the work session is to tour City flowerbeds and gardens. The Committee will meet at Kenai City Hall located at 210 Fidalgo:Avenue, Kenai and from there will be transported to different garden locations. Work sessions are open to the public. Contact the Kenai City Clerk's office at 210 Fidaigo Avenue, Kenai, 283 -7535, extension 231, with questions. rol L. Frees, City Clerk D405/21