Loading...
HomeMy WebLinkAbout2007-02-07 Council PacketMAKE ~ PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: ~~~/~ ~7 Mayor/Council Attorne Ta for/S rin er/Kebschull Clerk '' City Mnna er `' Police Department / Finance / En ineer ~-- Senior Center Air ort "' Kim "~ Librar ~ Parks & Recreation °~ Clarion '' Fire Department / Schmidt Mellish VISTA Student Rep. ~ KSRM ~ AGENDA DISTRIBVTION Sewer Treatment Plant ~ I Streets Dock I Building Maintenance I (Animal Control 1 LWater/Sewer I ~ Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, 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 ns possible after Noon on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsu/a C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell@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 them onto the city's website from there ns soon as possible before leaving the office for the weekend. ~.~ 0 a~ rn a u. 0 Z w w J V z 0 v a O m w ~ a p u~i ~ ~ ~ O w ~ ~ 0 0 0 a c 0 0 o cn w w ~ m a ~ 'J r ~Orcw `~'~zp ~- mw ~Y`wm~Cn~Ji-`-`. ~ws~00000 C~~ocnwcc~ma~ p w w ~ ~ Q Q U o ~ ~ 01 ' w >y ~ 0 0 0 0 0 o cn w m ~ m a ~ > ~.. `~ O m w ~ m ~ ~ m US ~ J F- ~` w Q ~ [~ ~ 0 0 0 0 ~ 0 o cn w m ~ m d ~ O m w m ~ ¢ o v~i o ~ ~ 0 w ~ ~ 0 0 0 0 0 o cn w cc ~ m a ~ ~~ ~~ 0 a~ a~ a f.~ Z W W J U Z O V s~ ~ O W W m ~ ~ Q ~ } ~ O W ~ ~ p 0 0 O 0 + o cn w m ~ m a ~ ~. s~ w.~ t'b + O ~ w ('d -~ LL1 Z ~ p - O W W W ~ Q ~ J ~' ~ O W ~ Q ~ 0 0 0 0 0 ~ ln W W ~ m 0.. ~ ~ ` Q `44 `y~ O m w J z ~_ O W W W ~` w ~ ~ 0 0 0 0 0 ~ (n W ~ ~ m d ~ ""~ ~~ 0 ti~ rn a a O z f- W W J U z O U p rr w -i Z p ~ O W W W ~ Q p c i~ ~ >- ~ O w ~ ~ 0 0 0 0 0 o cn w m ~ m n. ~ ~ ~ W Z ~ ~_ ~ ~ w W ~ Q W o Cn cn -~ ~ ~ I -- m ~ 0 w ~ ~ 0 0 0 0 0 o u~ w ~ ~ m a. ~ O m w J Z ^_ (n O ~ W W l- W W ~ Q W J w ~ ~ 0 0 0 0 0 o cn w ~ ~ m a ~ TESTYMONY SIGN-YN SHEET ~ g~7 ~~~,,.y ^~*~ z z~ j3 '.cw" " ~ x y} t ~ x ~ i t : y z ~ ~ n.~ar 7 ..: _ , _N. .. ~. "€i3 ~]*fys~i ~m~`j~. ~u ~; ~~'1 ~`A~^ ~},~ ~ S ORG.9`INIZAT16N~: L°.t$*t" } a~, ~ r ~.. :+~h "~.' w ~~,n.! x,1 ~ ^ ~A `, ~?.. Y- s i'~ 1 y 511 A7I~~~~~~~J `~ i '~HOPTE~~ER ~ 4 i4 a a ~ 7v. ~ ~ ; i '~^~ r ,T~1 ~ ~ iL" * "Cr r ~ w ~ ~ ,..~ ~-~ ,~ c~r~i ~' //I ~~~' l~ ~ L~ ~ 3 3.3~ Jar c-C~' r~v~c-t~~,s,~..~ v - ~ o ~~~~ r ~~ ~~s ~ AGENDA KENAY CITY COUNCIL -REGULAR MEETING FEBRUARY 7, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Scott Hattenburg & Lori Dilley, Hattenburg, Dilley & Lannell -- Presentation of Arsenic Groundwater Study. 2. Casey Reynolds, Economic Development Planner, City of Wasslla -- Proposed Liquor License Legislation ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2204-2007 -- Creating the PRISM Special Revenue Fund and Increasing Estimated Revenues and Appropriations to Fund Operalions for FY2007. Ordinance No. 2205-2007 -- Amending KMC 7.15.050 to Add Subsection (g) Allowing Emergency Purchasing Without Competitive Bidding. Ordinance No. 2206-2007 -- Amending KMC 13.30.010 to Reflect the Renumbering of the Traffic Violation of Negligent Driving in the Alaska Statutes. 4. Ordinance No. 2207-2007 -- Amending the Official Kenai Zoning Map by Rezoning Tract C, Gusty Subdivision No. 2 and Tract B, Shadura Subdivision, From General Commercial (CG) to Ceniral Commercial (CC). 5. Ordinance No. 2208-2007 -- Amending KMC 14.20.250, Off-Street Parking and Loading Requirements. 6. Ordinance No. 2209-2007 -- Amending KMC 14.25 to Include Four or More Dwellings in the Landscaping/Site Plan Requirements of the Kenai Municipal Code. 7. Ordinance No. 2210-2007 -- Increasing Estimated Revenues and Appropriations by $88,450 in the Airport Fund to Fund PRISM Operations and Replenish the Contingency Accounts. 8. Ordinance No. 2211-2007 -- Authorizing the Sale of Approximately 38.224 Acres at Tract 1, Baron Park, 2005 Replat in the City of Kenai, Alaska, to Wal-Mart, Inc. and Setting Forth the Price and Other Terms and Conditions of Sale. 9. Resolution No. 2007-01 -- Awarding a Contract to Holiday Companies for Furnishing and Dispensing Unleaded and Diesel Fuel. 10. Resolution No. 2007-02 -- Awarding the hid to Big G Electric & Engineering, Inc. for Kenai Senior Center Light Replacement 2007 for the Total Amount of $36,965.31. 11. Resolution No. 2007-03 -- Transferring $25,000 in the General Fund for Shop Department Operating Supplies. 12. *Liquor License Renewals -- • Peninsula Ollers/Recreational Site -- License #846 • BPO Elks Lodge #2425/Club -- License #368 • 2 Go Mart/Package Store -- License #4544 • Three Bears/Package Store -- License #4118 ITEM F: MYNUTES *Regular Meeting of January 17, 2007. ITEM G: UNFINISHED BUSINESS ITEM H: Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2212-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Library Grant. 4. *Ordanance No. 2213-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund to Purchase a Dip Net Pay Shack. 5. *Ordinance No. 2214-2007 -- Increasing Estimated Revenues and Appropriations by $39,000 in the General Fund Shop Department to Rebuild Loader. 6. Approval -- Consents to Subleases and Amendment to Lease/Lot 7, Etolin Subdivision, Second Addition to DEHR-JV Company. 7. Discussion -- Zoning Powers/Restricting Access to the Kenai River. 8. Discussion -- Schedule Work Session/Kenai Municipal Airport Supplemental Planning Assessment, Phase 2 Report. ITEM E: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Cainmission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautifcation Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council EXECUTIVE SESS%ON -- None Scheduled YTEM M: ADJOURNMENT Departure, 8-1 ARSENIC GROUNDWATER STUDY FINA<_ DRAFT REPORT Anchorage, Alaska February 1, 2007 Prepared By: Lorie Dilley, PE/CPG Principal Geologist ~HATTENBURG DiLLEY & LINNELI _ Englnearing ConsulYa nts 3335 Arctic Blvd., Ste. 100 Anchorage, AK 99503 Phone: 907.564.2120 Fax: 907.564.2122 ~3R~~T TABLE OF CONTENTS 1.INTRODUCTION ..................................................................... ......................... 1 2. PROJECT SCOPE .................................................................. ......................... 2 3. GEOCHEMISTRY OF ARSENIC ............................................ ......................... 2 4. LITERATURE REVIEW ............................................................ ...:.................... 4 5. PHYSICAL SETTING ............................................................... ........................ 4 5.1 CLIMATE ........................................................................................ ............................ 4 5.2 TOPOGRAPHY, DRAINAGE AND VEGETATION ................................. ............................ 5 5.3 REGIONAL GEOLOGY ..........._ ........................................................ ............................ ~ 5.4.CURRENT WATER SOURCE ..............................................._............ ............................ 6 6. GROUNDWATER SYSTEM ..................................................... ........................ 6 7. METHODS ............................................................................... ........................ 7 7.1 MAPPING.........._......._.._ ............................................................... ..................._....... 7 7.2 FIELDWORK .................................................................................... ............................ 7 7.3 LABORATORY ANAL.YSIS ................................................................ ............................ $ 8. DISCUSSION & ANALYSIS .................................................... ........................ 9 8.1 COKRL-LATK)NS .............................._.. ........................................ ............................ 9 82 MAP OF ARSENIC CONCENTRATIONS ............................................. .................:........ 10 8.3 POTENTIAL WELL LOCATIONS ....................................................... ................_........ 10 8.4 GROUNDWATEK UNDER DIRECT INFLIiENCE OF SURFACE WATER .....__......._........ I 1 8.5 WATER DISTRIBUTION SYSTEM ..................................................... .........._.:............ 12 8.6 SURFACE WATER SOURC:ES ............................................................ .......................... 12 8.7 WATER TREATMENT ..........................................._......................... ................_........ 13 9. RECOMMENDATIONS ............................................................ ...................... 14 10. LIMITATIONS ..............................:......................................... ...................... 15 11. BIBLIOGRAPHY .................................................................... ...................... 16 FIGURES Figure 1: Vicinity Map Figure 2: Arsenic concentrations in Kenai Figure 3: Kenai subsurface profile Figure 4: Water Distribution System TABLES Table 1: Well information and analytical data Kenai Groundwater Arsenic Study ~:"anENauacoa ` a"""E" Engin C enl~ I3 d2A F~` APPENDICES Appendix A: Analytica lab reports Appendix B: Data correlation graphs Kenai Groundwater Arsenic Study ~_""'~`NP1RG°"`E`a`a""` @~e~~ c pis ~RA~'T 1. INTRODUCTION This report presents the results of a literature review, fieldwork and laboratory testing to delineate the arsenic concentration in the groundwater available to the- City of Kenai (City). Currently the water supply for the city is provided by three wells producing on average about 1.0 million gallons per day. The wells are located on the eastern side of the City and feed an unlooped liner water system. The water distribution system serves approximately 75 percent of the 7,000 residents. The remaining 25 percent of residents are on private wells. In 1999, the National Academy of Sciences concluded that the standard Maximum Contaminant Level (MCL) for arsenic of 50 parts per billion (ppb) did not adequately protect public health. According to the World Health Organization long-term exposure to arsenic in drinking water can lead to skin problems such as pigmentation changes, thickening of the skin, and lesions. These changes have been observed in areas with drinking water containing less than 50 ppb arsenic. Long term exposure to drinking water with arsenic levels of less than 50 ppb is linked to increased risks of lung, skin, bladder, and kidney cancer. The US Environmental Protection Agency (EPA) revised the MCL for arsenic to 10 ppb and the standard went into effect in January 2006. Previous studies in the Cook Inlet Basin including the Kenai Peninsula indicated that some private and public water supply wells have water that contains concentrations of arsenic that exceed the 10 ppb and even the previous standard of 50 ppb. Much of the arsenic in Kenai Peninsula groundwater is assumed to be naturally occurring, with background levels typically reported in the 1 ppb to 10 ppb range. The objective of this project was to understand how arsenic behaves in the region's groundwater and to develop a map showing areas likely to have groundwater with arsenic concentrations below 10 ppb. If areas with arsenic concentrations below 10 ppb could be identified then those areas would be likely targets for future water well development. The City limited the study area to within the City's boundaries. Figure 1 presents a vicinity map and a map indicating the limits of the study area. Concentrations of chemical compounds in liquid are typically reported in micrograms per liter (ug/L) or milligrams per liter (mg/L), which is equivalent to parts per billion (ppb) and parts per million (ppm), respectively. Units in the text of this report will be given in ppb or ppm. ~ HAtiENBURG pII FY F~MWELi Kenai Groundwater Arsenic Study ~"~ E~s,~e Y ~ ,~., ~7IaA ~T 2. PROJECT SCOPE The scope of this project was fourfold: 1) conduct a literature review in order to compile information on arsenic concentrations in existing wells and understand previous research on arsenic levels in the Kenai region; 2) conduct sampling and testing of additional wells in the area to fill in data gaps; 3) develop a map and an understanding of arsenic geochemistry in the regions groundwater; and 4) provide recommendations for future development of the City's water supply. Hattenburg, Dilley and Linnell (HDL) reviewed the existing literature to identify arsenic levels in wells within the project limits. From this review, a database was created indicating arsenic levels and other water quality data for 22 locations. HDL sampled 27 additional wells in the summer of 2006 to fill in gaps in the database. Sampling data is presented in Table 1. A sampling map was created in ArcView GIS showing sampling results in five different categories of arsenic concentrations: very high (over 80 ppb), high (51-80 ppb), medium (11-50 ppb), low (1-10 ppb) and very low (below 1 ppb}, see Figure 2. Although a survey of potential surface water sources or arsenic-removal technologies were not part of the scope of this project, we briefly examined these issues. 3. GEOCHEMISTRY OF ARSENIC The most common species of arsenic are arsenate [HAsO4Z" (Ass`)] and arsenite [H3As03 (As As3')]. Arsenic's ability to be released into groundwater from minerals is largely controlled by an adsorption and desorption process. Adsorption is the process of a positively charged ion like arsenic to become attached to the surface of a mineral grain.- Certain minerals because of their internal structures will have a slight negative charge on the surface which attract positively charge ions like arsenic particularly arsenate (Ass`). This attraction is not as strong as an actual chemical bond and therefore is more easily broken. Adsorption is different than absorption in which the ions are drawn into a liquid or solid and are not attached to the mineral surface. Desorption is when an ion tike arsenic detaches from the mineral surface. Arsenic commonly is adsorbed to iron oxide minerals and to lesser degree clay-minerals. Arsenic adsorption and desorption reactions are influenced by changes in pH and redox (reduction/oxidation) state, as well as presence of competing ions. Desorption of arsenate (Ass`) from iron-oxide surfaces is more prevalent as pH values increase and the water become more alkaline, particularly when pH rises above 8. As shown in the Figure 3.1, as pH rises, the concentration of hydroxide (OH'") ion increases. The negatively charged OH'" ion attract the highly positive charge ions of arsenate (Ass'} and to lesser degree arsenite (As3+), more than the slightly negative charge surface of a mineral grain. Arsenate (Assn) releases from the mineral surface and the concentration of arsenic in the water is increased. Kenai Groundwater Arsenic Study ~~^T?=~gsuecoi ~era~N«F.~ E~4~~a u 2 I) I2.4~T Figure 3.1 Behavior of arsenic as pH changes. HIGHER 4RSc NIC IIJ WkTER AS 6 Rc':E/iSEL Orr- ~`- O _ F 0 10"- i R,. I n5 ns \c Jr F"-Li f-)-, i- MINERAL HIGH Pli LAW n ARS:NIC JN WnTER ,..~ S~GyS pTTkCYiRN ~. - 01+- ~.. HJ. INGT~R NIr / < FS Pl ~J N -. Mw ERA[ LGW PH Clay minerals also adsorb and desorb arsenic ions however the process is more complicated due to the structure of the clay mineral. Groundwater pH tends to increase with time and longer groundwater flow paths therefore older groundwater tends to have more arsenic. Iron oxides can hold large quantities of adsorbed arsenate (Ass') and as groundwater ages and the pH increases, arsenic can be released in sufficient quantities to exceed the MCt_. Redox reactions control arsenic concentrations in groundwater as well. Oxygenated environments have high concentrations of oxygen ions which can have a negative 2 charge (OZ ). See Figure 3.2. As arsenate (Ass') is combined with OZ ,arsenite (As3+) is created and the environment becomes more reduced (less oxygen rich). In general, arsenite (As3') is less strongly adsorbed than arsenate (Ass+) to mineral surfaces. As the arsenite is produced more of it is released from the mineral surfaces into the groundwater creating an increase in arsenic concentrations. Groundwater tends to become a reducing environment with age, as opposed to an oxygenated environment. Figure 3.2 Behavior of arsenic as environment becomes reducing. R~ouclNc FS RELEASED / /ol 7. '~ ~ .'-) F~) (-) MMERAL OXYGENATED A~ ~.T<rs a77,~Cl;Eu ~= OZ r~)_ n~- WkTEF ad a, MINERpi 7 daneNau~e m per a urvnEu Kenai Groundwater Arsenic Study ~"~_ ~~m~ s ~ ~~,a„~~ 3 ~I2~FT Arsenic concentrations are also affected by other ions -particularly phosphate -that have a strong affinity to the mineral surfaces favored by arsenic. Phosphate is about the same size as the arsenic ion and can readily substitute for arsenic. When conditions allow for the adsorption of arsenic, phosphate may take its place on the adsorbing surface, thus maintaining the arsenic in groundwater. 4. LITERATURE REVIEW This study began with the collection and compilation of existing data from previous hydrological studies in the area. The following reports were reviewed: • City of Kenai Groundwater Exploration Project Final Report, 2001. This report recommended locations for potential groundwater development, focusing on water quantity more than on quality. It stated the City of Kenai's preference for a well on the northwest side of town. It also recommended an area in the vicinity of City WeII 1, but cited high development costs due to distance from existing water mains. • Ground-Water Exploration, Beaver Creek Valley near Kenai, Alaska, 1971. This report selected test-drilling sites in the location that the City of Kenai's production wells are now located. • Overview of Environmental and Hydrogeologic Conditions near Kenai, Alaska, 1995 and Groundwater Conditions and Quality in the Western Part of Kenai Peninsula, Southcentrat A/aska. These two reports provided the majority of the data used to start this project. Both reports present data on arsenic concentrations as well as other parameters for a number of wells in the region including the City of Kenai. The data obtained from these reports are labeled USGS in Table 1. • Ground-Water Quality, Cook Inlet Basin, Alaska, 1999. This report summarized the results of groundwater sampling in 34 existing wells in the Cook Inlet Basin, including five major public-supply wells. Four of the wells were in or around Kenai, including one of the public supply wells. 5. PHYSICAL SETTING 5.1 Climate Kenai is located on the western coast of the Kenai Peninsula, fronting Cook Inlet. It lies on the western boundary of the Kenai National Wildlife Refuge, on the Kenai Spur Highway. It is approximately 65 air miles and 155 highway miles southwest of '" ~ 1~'Eti FG DIL YB UNNEl! Kenai Groundwater Arsenic Study ~_ ~a a q ~ :~„ 4 r,~~~~r Anchorage via the Sterling Highway. The community lies at 60.55° north latitude and 151.26° west longitude (Sec. 05, T005N, R011 W, Seward Meridian). Figure 1 presents a vicinity and site map. Daily high and low temperatures vary from 18°F and 0°F in January to 63°F and 49°F in August. Kenai is within the rain shadow of the Kenai Mountains and as such the annual precipitation is low, with a mean value of 20 inches. Rains occur in the late summer and fall and snow from November to March. 5.2 Topography, Drainage and Vegetation The City of Kenai is located on the western edge of the Kenai Peninsula and borders the Kenai River. Low-lying areas are hummocky with poorly defined drainages and numerous small lakes. Scrub-shrub and black-spruce forested wetlands cover much of the low-lying areas. Forests of white, black, and Sitka spruce cover the drier upland areas. Kenai River is the major drainage in the area flowing west into Cook Inlet. Beaver Creek located on the eastern side of the City flows south into the Kenai River. Several nearby streams flow into 'the Kenai River from both the north and the south. The eastern side of the City is located on a ridge about 40 feet above the Kenai River. The elevation do the western side of the City decreases to meet the mouth of the river as it enters Cook Inlet 5.3 Regional Geology Location, movement and quality of groundwater are controlled by the geology of the area. The Kenai Mountains are comprised of metamorphosed sedimentary and volcanic rocks. Beds of sand, clay, coal and ash accumulated in the basin between the Kenai Mountains and the volcanoes of the Alaska and Aleutian Ranges. These rocks of the Tertiary age are exposed as beach cliffs from Clam Gulch to Homer and occur within about 150 feet of land surface throughout much of the lower Kenai Peninsula. Oil and gas accumulated in these sediments, with gas wells reaching 3,000 to 8,000 feet deep and oil wells producing from 10,000 to 15,000 feet in Cook Inlet. During the last two million years (Quaternary), five major glaciations affected the entire region south of the Alaska Range. Glacial and outwash (fluvial) sediments were deposited by the glaciers, streams and wind throughout the area. The sediments consist of mixtures of sand, gravel, silts and clays and contain the groundwater. The total thickness is about 750 feet in the vicinity of Kenai ,ErvOURG DILLEY 8 Llhn Kenai Groundwater Arsenic Study ~="Arg Y G,~,~~~a~r" 5 12AF~' 5.4 Current Water Source The City of Kenai draws its water from the Beaver Creek aquifer with a series of three groundwater wells located near the Kenai Spur Highway and Beaver Loop Road as shown on Figure 2. Samples taken from Wells 1 and 3 often exceed the arsenic MCL of 10 ppb, while Weil 2 samples are generally below the MCL. A recent set of samples provided by the City of Kenai showed arsenic concentrations of 20.5 ppb, 4.4 ppb and 26.7 ppb at Wells 1, 2 and 3, respectively. In October 2006, the wells produced 13,534,000 gallons, 7,897,000 gallons and 8,282,000 gallons of water, respectively. This project is looking for a well or a series of wells to provide approximately 750,000 to 1.5 million gallons per day (500 to 1;000 gallons per minute). Groundwater is treated with liquid chlorine before distribution to the public. Trace amounts of fluoride, barium, nickel, trihalomethanes, lead and copper are found in drinking water samples taken in 2004. These samples were take post chlorination. The concentrations of each of these compounds were below regulatory thresholds. Water from the Beaver Creek aquifer is colored by tannins or organics. This problem is prevalent in WeII 2. The cause of the color does not affect the quality of the water but is of aesthetic concern. Except for arsenic and the color, the water quality in the City is generally good and concentrations of. other chemical species are below regulatory thresholds. 6. GROUNDWATER SYSTEM Water in Kenai is derived from unconsolidated sand and gravel aquifers. No water- supply wells are. known to obtain. water from bedrock sources. The unconsolidated aquifers are made up of complexly interlayered deposits of glacial, outwash, fluvial, lacustrine and eolian origins. Hydrological properties of these deposits differ greatly over short horizontal and vertical distances. Water levels, yields and quality of closely spaced wells are commonly dissimilar throughout the Kenai Peninsula. Thick zones of silt and clay occur within the saturated unconsolidated sediments producing a "confining" condition in lower zones of sand and gravels. This leads to the occasional artesian well found in Kenai. Geological units favorable for groundwater development within the City of Kenai are outwash-plain deposits and the abandoned-channel deposits, which are comprised of sand and smaller gravels. Drift and deltaic deposits, which have higher fines contents than the previously mentioned deposits, have been suitable for industrial and municipal wells in North Kenai and Soldotna but have not proven suitable in the City. Coastal-plain deposits are generally unfavorable because of the large quantities of fine-grained sand, silt and clay however an upper sand unit in these deposits provided the City's water supply prior to exploration in Beaver Creek. The sand unit ranged in thickness from 40 e ql~ q C vl,on,s Kenai Groundwater Arsenic Study ~_ "~~r"a°~~o" ~`~`~""r" 11 l~E2AFT to 100 feet overlying a predominantly silt and clay unit at least 600 feet thick. Yields of as much as 180 gallons per minute (gpm) have been obtained at Wildwood Station (northwest Kenai) from the upper sand unit. Logs from the current City wells were used to construct the profile presented in Figure 3. As seen on the profile, there are multiple water-bearing sand and gravel layers interbedded with non-water-bearing clays. The layers ranged in thickness from about a foot to over 50 feet. The City wells range in depth from 225 to 420 feet. Well 1 encountered fine sands and clays. Well 1 is screened from 252 feet to the depth of the well at 287 feet. Well 2 intersected a layer of water-bearing, finely layered sands and gravels interbedded with clays. Well 2 is screened between 156.5 feet to 225 feet, with a 20 foot section at 175 to 195 feet not screened. Well 3 is 420 feet deep and is screened from 347.8 feet to 420 feet. 7. METHODS 7.1 Mapping A .map documenting our research, field and laboratory efforts was prepared using ArcGIS and is presented in Figure 2. This geographic information system (GIS) program allows for compiling geographic data into a readily useable database from which a map was made. The map shows the boundaries of the City of Kenai, land owned by the City of Kenai, topographic elements, cartographic elements, well locations and arsenic levels in wells with the five ranges of arsenic concentrations described in Section 2. USGS quadrangle maps were used as the base layer. The City boundaries, streets, and City- owned parcels layers were added from the Kenai Peninsula Borough GIS database. Wells and arsenic concentrations were added from our research as an additional layer in the program. The entire GIS project was provided to the City for their use. 7.2 Fieldwork Fieldwork consisted of locating and sampling 27 wells throughout the City of Kenai. On September 21, 2006, two teams, each consisting of an NDL geologist and a City employee sampled the wells. Samples were collected from private and commercial wells. All 27 wells were sampled for arsenic and 10 of the wells were sampled for other chemical constituents in order to better understand the groundwater chemistry. During the sampling, care was taken to reduce contamination of the sampling bottles and tools. Any tools used were washed with the water from a particular well prior to usage in collecting the sample from that well. c ng~ gCO~zul,en,z Kenai Groundwater Arsenic Study ~"p~``NeVRC°"E~s`~""E" 7 I7R~F"1' The sample bottles were labeled and stored on ice in a cooler. All samples were submitted within 24 hours to Analytica International of Anchorage under normal chain-of- custody procedures. 7.3 Laboratory Analysis The laboratory program was designed to not only determine the arsenic concentration in the wells but also to obtain data on parameters that affect arsenic chemistry in an attempt to understand where the high arsenic concentrations are likely. Twenty-seven samples were analyzed for arsenic using Test Method 200.8 Metals by ICP/MS (inductively coupled plasma mass spectrometer -the standard laboratory testing machine). Ten samples were analyzed for dissolved solids, alkalinity, Langelier Index/Corrosivity, pH, chloride (CI-), sulfate (SO,Z ), calcium (Ca), iron (Fe), manganese (Mn), sodium (Na), and antimony (Sb), using the following test methods: • Test Method SM2540C -Total Dissolved Solids dried to 180°C Test Method SM2320B - Totai Alkalinity • Test Method Calcium Carbonate Saturation -Langelier Index • Test Method 150.1 - pH, Eledtrometric • Test Method 9056A -Inorganic Anions by Ion Chromatography (Cf, SO,Z ) • Test Method 200.7 -Metals by ICP (Ca, Fe, Mn, Na, Sb) According to Anaiytica's case narrative, aII method specifications were met for the above tests. The samples all arrived in good condition and within the temperature range. Results from Analytica are presented in Appendix A. The Langelier Index is an approximate indicator of the degree of saturation of calcium carbonate in water. It is calculated using the pH, alkalinity, calcium concentration, total dissolved solids, and water temperature of a water sample collected at the tap. If the; • Langelier Index is negative, then the water is under saturated with calcium carbonate and will tend to be corrosive in the distribution system • Langelier Index is positive, then the water is over saturated with calcium carbonate and will tend to deposit calcium carbonate forming scales in the distribution system • If Langelier Index is close to zero, then the water is just saturated with calcium carbonate and will neither be strongly corrosive or scale forming. The Langelier Index is one of several tools used by water operators for stabilizing water to control both internal corrosion and the deposition of scale. Water supply operators can optimize their water supply systems and identify leakage potentials with the Langelier Index. Kenai Groundwater Arsenic Study !"{~_"F~`~NB0R0°" E`h`""`~" y~ 8 ®1RAF'T 8. DISCUSSION & ANALYSIS 8.1 Correlations A number of correlations were attempted to evaluate possible arsenic sources. Conditions that favor the release of arsenic to groundwater in general are the presence of iron oxide and sulfide minerals, alkaline groundwater (pH greater than 7 units), the presence of competing ions such as phosphate which occupy sites that arsenic would adsorb to, and organic carbon or a reducing environment (low oxygen environment). The graphs presented in Appendix B were created to correlate arsenic against various parameters. It can be seen that although some minor correlations can be made, none of them stand out. There appears to be higher arsenic concentrations with alkalinity greater than 100 ppm CaCO, although there were a few low arsenic concentrations at high alkalinity as well (Figure B1). There is a slight correlation of arsenic and pH (Figure B1}. Waters high in pH are typically alkaline and waters low in pH are acidic. A pH of 7 is considered electrochemically neutral. Of the seven water samples with medium, high or very high arsenic concentrations that were also analyzed for pH, only one had a pH of less than 7.8 (Sample 2 had 12.9 ppb arsenic and a pH of 6.5). Five of the six samples with a pH below 7.8 had arsenic concentrations at or below 1.05 ppb, while six of the nine samples with a pH of 7.8 or greater exceeded. the 10 ppb MCL. The corrosivity graph (Figure B2) also supports the correlation of pH and alkalinity. When the waters appear to be undersaturated with calcium carbonate (CaCO) or a negative Langelier Index then the arsenic concentrations are low. As the Langelier Index approaches zero or becomes saturated with CaCO (increasing the pH} the arsenic concentrations appear to be higher. Two of the three samples with a Langelier Index near zero have high arsenic concentrations. The depth of the well also appears to influence the concentration of arsenic to some degree as well (Figure 63). Ten of the 12 samples taken from wells at least 100 feet deep had arsenic concentrations at or above the MCL, while only 14 of the 27 wells shallower than 100 feet had arsenic concentrations above the MCL. The higher arsenic concentrations are associated with groundwater greater than 100 feet in depth. Shallower groundwater appears to have lower arsenic concentrations. In addition, groundwater with a pH greater than 7.9 also appear to have higher concentrations of arsenic. As pH increases desorption of arsenic from iron-oxides and to a lesser extent from clay minerals occurs leading to an increase in the concentration of arsenic particularly arsenate (AsS+). As groundwater ages, pH also increases and groundwater with a long flow path such as from deeper aquifers or those that require time to reach an outlet like the Kenai River would tend to have a higher pH. The clay content in an aquifer would tend to increase the alkalinity as well, that is perhaps why ~ennene~ac oa~evaugrva~ Kenai Groundwater Arsenic Stutly ~"a_ E~s,~ 9 = u~~en„ 9 I~I~A~~i' Wells 1 and 3 have higher arsenic concentrations than in Well 2. The clay layers in those wells may contribute to the increase in pH resulting in an increase in the arsenic content. 8.2 Map of Arsenic Concentrations A map of the arsenic concentrations is presented in Figure 2. The numbers next to the arsenic concentration symbols correspond to the well number located on Table 1. Table 1 is a summary of the well information and the analytical data. The map also indicates parcels of land owned by the City. There are six high or very high arsenic concentrations shown on the map. The highest arsenic concentration was 95 ppb and was one of the three high/very high samples located near the City docks. All six of the highlvery high samples were taken near the Kenai River or Cook inlet and may represent groundwater with longer residence time in the aquifers. Five of the six wells had depth information. The depths of the five wells ranged from 75 feet to 229 feet. Only one had a pH test and it was 7.9 units. Twenty- five wells have arsenic concentrations between 10 and 50 ppb. There does not seem to be any spatial pattern to this group of wells with higher arsenic concentrations. Wells with low concentrations of arsenic were scattered across the survey area. There were 16 wells with concentrations between non-detect and 5 ppb. Of the 16 wells, six have arsenic concentrations at 1 ppb or below and are shown as blue stars on the map in Figure 2. Two of these wells are located on the western side of the City, two are at Eagle Rock and the other two are at the extreme eastern side of the City. These all appear to be shallower wells with the deepest at 79 feet. 8.3 Potential Well Locations If a new well is needed, the following is suggested: The depth should be kept relatively shallow -less than about 100 feet deep. However ADEC will require wells that are less than 50 feet in depth or within 500 feet of surface water are required to have a study to determine if the groundwater is under the direct influence of surface water. See Section 8.4. Shallow wells may not produce sufficient flows during drier years due to lack of infiltration from rainwater to recharge a shallow aquifer. 2. Look at Eagle Rock and Third Avenue areas as potential well locations. The lowest arsenic concentrations were somewhat scattered across the City; however, there appeared to be a group of wells near Eagle Rock area that had 1 ppb arsenic or less as well as a couple of wells with less than 10 ppb arsenic. Kenai Groundwater Arsenic Study ~"~~ `a"a ~` "`~~' ~~""~:" 10 I~I~AF'I' Another area with potential is around Third Avenue. The well sampled at this location had an arsenic concentration of less than 1 ppb. The area between Third Avenue and Bach Drive may provide reasonable well locations. 3. As a secondary priority, the Golf Course area can be considered. The well tested at this location had an arsenic content of 1.05 ppb. After the Eagle Rock and Third Avenue areas the Golf Course well tested had the lowest arsenic concentration. The depth of this well is 36 feet. Because of the very shallow aquifer and the potential presence of pesticides, herbicides, and fertilizers associated with the Golf Course, this site may be problematic as a Tong term source. The potential depth of a new water well in this area will likely necessitate a groundwater under direct influence of surface water (GWUDISW) study required by the ADEC, Section 8.4. 4. Avoid north of the Bach Drive Area. Although the one Bach Drive sample indicated an arsenic concentration of less than 1 ppb, there were two other wells to the north that had high/very high arsenic concentrations (greater than 50 ppb). 5. Avoid the City Dock Area. The highest arsenic concentrations of 87 and 95 ppb occurred near the City docks. There were also three other wells in this area that had arsenic concentrations greater than 13 ppb. 8.4 Groundwater Under Direct Influence of Surface Water A study is required by the ADEC for public water supply wells shallower than 50 feet or located within 500 feet of a surface water body.. A public water system that uses a groundwater source under the direct influence of surface water is required to meet surface water treatment rules and regulations. The EPA definition of a GWUDISW is any water beneath the surface of the ground with 1) significant occurrence of insects or other macroorganism, algae, or large-diameter pathogens such as Giardia lambia, or 2) significant and relatively rapid shifts in water characteristics which closely correlate to surface water conditions. The ADEC requires a study that evaluates sources of potential biological contamination; drainage patterns; and develops water quality assessment plan. The water quality assessment plan evaluates the physical, chemical and biological characteristics of the source and nearby surface water sources, and creates a sampling plan. Advanced water quality testing and analysis is conducted such as microscopic particulate analysis, specific ion ratio analysis or chemical tracers testing. The testing and analyses evaluates the hydraulic connection between the surface water sources and the groundwater source. The cost to prepare a GWUDISW study is approximately $20,000. ~ r nnErva ,a~ oat v s urvrvFi~. Kenai Groundwater Arsenic Study E~a~ ~ ~=~~r,~~= 11 ~~AF'I' 8.5 Water Distribution System The water distribution system is shown in Figure 4. Anew well should be located close to the system so as to limit development costs. The Eagle Rock area is on the southeastern side of the City. The water system would have to be extended approximately 0.6 miles to connect to a new well. In addition, the topography of the area is approximately 40 feet lower than Kenai Spur Highway. Water would have to be lifted up 40 feet to the system. There are no City-owned parcels near this area so land would have to be obtained. A potential Third Avenue well site would be located near the existing water distribution system and several City-owned parcels. The water lines in this area may need to be increased in size to handle the higher flows from a new well. This area would allow for a City well on the western end of the system. The golf course well site would be located along Lawton Drive. A water main parallels that street. There are several parcels of land owned by the City in this area. The depth of the well tested at the golf course is 36 feet. A series of shallow wells could be developed at this location. The wells should be more than 50 feet in depth to avoid the GWUDISW study. This area works well for providing a well near the middle of the system. 8.6 Surface Water Sources Surface water is plentiful near the City of Kenai, including the Kenai River, Beaver Creek and small ponds. However, the difficulty to permit water extraction from the Kenai River and high concentrations of suspended sediment make the use of the Kenai River unlikely. Treatment of the high concentrations of glacial sediment in the water would be required, as well as, additional mandatory treatment including filtration, chlorination, and removal of disinfection byproducts. Recent water quality sampling at the mouth of Beaver Creek did not reveal any contamination problems, but more sampling would be required to complete the analyses. Water quantity may become problematic because of low flows in the winter months. Lakes in the vicinity do not appear to have major recharging streams. There may insufficient flows for along-term supply from these lakes. The nearest reasonable sized lakes are more than 5 miles away from the City. Power and water system extensions would be costly. Surface waters would require a water treatment plant. Surface water sources require rigorous and extensive testing and monitoring to comply with EPA and the ADEC regulations. r 1wRTrENB~fG Oa EVa_iNNEy Kenai Groundwater Arsenic Study E~~. ~ , s~r~ 12 R.A FT' 8.7 Water Treatment Several companies have responded to the new lower arsenic MCL with treatment systems. One of these companies is Severn Trent Services, which engineered a ferric oxide media capable of removing arsenic to below 5 ppb. Capital costs for a system designed to handle approximately 700 gallons per minute is approximately $250,000, plus shipping, construction and installation costs which add another $200,000. At 1,000 gallons per minute the capital equipment costs would increase to $340,000 plus $200,000 for the shipping, construction and installation costs. The rate at which the media would have to be replaced would depend on groundwater characteristics (pH, presence of competing ions, etc.). The vendor indicates a "typical" groundwater would require the media to be replaced every other year. The replacement media and some minor maintenance and operation costs would result in an annual system operation cost of approximately $ The EPA recently issued a new rule that further restricts the existing Stage 1 Disinfectants and Disinfection Byproduct Rule. The Stage 1 rule sets maximum levels for residual disinfectant (usually chlorine), and for four of the trihalomethanes, haloacetic and other byproducts of the disinfection process. The Stage 2 rules build on the Stage 1 rules and focuses on reducing the total trihalomethanes (TTHM) and five of the haloacetic acids (HAA5). The Stage 2 rule for systems that serve less than 10,000 people, such as the City of Kenai, must submit either a monitoring plan, a system specific study plan or an EPA 40/30 Certification by April 1, 2008. In contrast, a groundwater system serving less than 10,000 people the monitoring frequency is once per year for collection of samples. The monitoring program is continued until 2011 and compliance with the new maximum limits for TTHM and HAA5 is required by July 2014. The EPA also issued a final groundwater rule (GWR) in October 2006 to reduce the risk of exposure to fecal contamination in groundwater sources. An initial sanitary survey must be completed by December 2012. The survey requires the evaluation of eight critical elements and identification of significant deficiencies. Source water monitoring to test for the presence of E. coli, and other bacteria must be conducted. Corrective actions and compliance monitoring of the treatment technology will also be required. The City of Kenai must consider how the above rules will change the treatment program for the water system. Treatment processes at each well may not be the most economical or feasible alternative based on these new rules and the quality of the groundwater r~g;~ u Kenai Groundwater Arsenic Study ~"a_ ~;,E~°a~RG°"`E~ a ~"-_" 13 L~ ILA F'T 9. RECOMMENDATIONS The following recommendations are presented in the order of preference. 1) This study identified three areas with arsenic concentrations that are below the MCL of 10 ppb. These arsenic concentrations occurred in shallow groundwater. Groundwater taken from less than 50 feet would most likely be treated as surface water and would involve surface water treatment standards. This would impose new regulations on the City that may prove expensive. We therefore recommend that the City. further investigates arsenic-removal treatment systems and conduct a cost comparison to developing a shallow groundwater well. 2) If arsenic treatment is feasible, then Well should be reworked to improve the flow rate. Well 2 may also be removed from the system to avoid the color concerns. 3) If a water well is to be developed consider either Third Avenue or Eagle Rock as the first site for a potential shallow well. Although Eagle Rock is further away from the water distribution system, in drier years it may still provide mare water due to its proximity to the Kenai River. The Third Avenue area may have problems supplying water from a shallow well during dry years. It appears that shallower wells will have lower arsenic concentratiohs therefore we recommend that the well be less than 100 feet but greater than 50 feet if possible to avoid the GWUDISW requirements. 4) If a single well does. not provide sufficient water then a series of shallow wells should be considered. 5) We recommend that an evaluation program be developed for the chosen site. One or several sites in the area should be evaluated in terms of its location to utilities. Past land use should be investigated to determine if there is a potential for contaminated groundwater. Water well logs in the area should also be reviewed to create a model of the hydrological conditions that may be encountered at the site. 6) Once a well location is chosen, then test and monitoring wells should be installed to evaluate the groundwater. We would recommend installing at (east three wells to depths of between 50 to 100 feet: one 4-inch diameter test well and two 2-inch diameter monitoring wells. 7) After the completion of the test and monitoring wells, we recommend sampling for arsenic and other constituents necessary to satisfy ADEC drinking water standards. If the water quality testing proves that the water will meet drinking water standards, we recommend pumping tests be performed to estimate the flow rates and the r +4AIIEN6J9GCLLEY S.M4ELL Kenai Groundwater Arsenic Siudy ~_ _„ ~ _ ~~~~~_ 14 I~ R.~ F'T' potential of the aquifer(s) to supply the volume of the water needed by the City. The pumping tests will provide the information necessary for design of the water well or wells. 8) In anticipation of the new disinfection byproduct rule and the drinking water rule, we recommend that the City develop a program for testing and monitoring of the constituents regulated by the new rules. 10. LIMITATIONS The analysis, conclusions and recommendations contained in this report are based on site conditions as they existed during the investigation and further assume that the exploratory samplings are representative of the hydrological and chemical conditions throughout the vicinity. If during additional testing, hydrological and chemical conditions different from those encountered in the exploratory samplings are observed or appear to be present, advise us at once so we can review these conditions and reconsider our recommendations when necessary. If substantial time has elapsed between submission of this report and the development of a City well, or if conditions have changed because of natural causes or construction operations at or adjacent to the proposed sites, we recommend that this report be reviewed to determine the applicability of the conclusions and recommendations considering the time lapse or changed conditions. Unanticipated soil, hydrological, and chemical conditions are commonly encountered and cannot be fully determined by merely taking water samples. Such unexpected conditions frequently require additional expenditure to attain a properly constructed project. Therefore, some contingency fund is recommended to accommodate such potential extra costs. Prepared By: Hattenburg Dilley & Linnell Lorie M. Dilley, PE/CPG Principal Geologist nan_,~rvauacouEV ZUNrvE~~ Kenai Groundwater Arsenic Study Q>"a_ E~o ~ ~_~ ~~ 15 ®RAFT 11. BIBLIOGRAPHY Ground-Water Quality, Cook In/et Basin, Alaska, ?999. U.S. Geological Survey, 1999. Overview of Environmental and Hydrogeologic Conditions near Kenai, Alaska. U.S. Geological Survey, 1995. Ground-Water Exploration, Beaver Creek Valley, Near Kenai, Alaska. U.S. Geological Survey, 1971. City of Kenai Groundwater Exploration Project Final Report. Coble Geophysical Services, 2001. Ground-Water Quality Data Collected During 1991, West Nikiski, Alaska. Mary A. Mauer, Alaska Department of Natural Resources, Division of Water, Alaska Hydrologic Survey, 1993. 1997 Guide to the Geology of the Kenai Peninsula, Alaska. Alaska Geological .Society, 1997. Ground-Water Conditions and Quality in the Western Part of Kenai Peninsula, Southcentral Alaska. U.S. Geological Survey, 1996. ,~A,~EN~,a a~a~~,Eu Kenai Groundwater Arsenic Study E,o,~ ,a~r~ 16 ~' G y G 4 m F n U _ n C ~Fc n F N D xs 7 n z ~3 0 3 ;~ n a ?' n c cN a z ~_ as ~~ S I ~ i i $ I ~ q y . m y 4 m fv V w N i i ~ m ~ ; ; no m v a W N " 33 v tl Y~ { i i I ` N P Vl P VI P ° (/i m V) m i f/i i P, N P N P VI m N m U. P ~ D I (N ~m m im m. m ~ I S i i ( i °o ° ~ o o J i m ~ ( y ~ ( m P I iz . ~ ~ ° I i ~ ° j ~~ ~ P A ~ ~ s G - 4 - D' v rJ D P G ~ A ~ i u ~~ ~ v. 9 I I ~ 0 - ~ ~ y ~ ~~ ~ r 1 A ! D ~ Z - i 3_ ~ 1 - OP I 0 - O O O P O G 6 Y O 2 19 O C] O D y I A + A O (o O 'T r a Ix P CI b O O [Yl m O C y ~n C A IO P - _~ G ~a p ~ n i O i < ~ d O O O } ? 'p O ° ~ _ n ~ t ~ G i~ w r i , im° °m ° ~m I ~ ~ ~ ~r +G 3 c i ~ I I i I ~~o ~ ' I ~, D - I c c i c c c r c c ~c c c i ~ 'c c lc a a a a ~ o o o lo o oo o~ o r a o c a o o ° ~ro ~ io n n O ~ im iI `' ~ Z I U Ll N C N 4J IN i41 N Gl N N N 6J N LJ lV ~G) V) N N Ll (> '> " iN L) N ) N () P " ~o to m m m ~ jm m Ni ~ rn m m N m ~ m ~ L m w I ~ ~ ~ I O fl t. ( ~ ~ ' 1 1 ~ ~ b m ° ~ o t m ~ b t I .1 I L . ~ . m ~ °' o o°~ ° ° o ° ° o io o o y ° o Nf o~ o m t o , _ ~. , _ r i ~ I I ~ 1 ~ ~ ~~ ~ ° I i d m ~ N °' V = I ~ i ~ I i l i I I ' i I I I r. I II i i ~ q '°~ ~ ° i .:; ~ ol o ~,I a ~ o ~~ ( di m I s I 1 l i 2 } a i N ~ N M1 ~ N _ _ JI ~ r ~ ~ ~ I - II i 9 r ~ I ~ ~ f~ C ~~ q l i ~ .o I ~ .'o m I I Y ~ o ° i ~ ~ ( I 1 ) P ~ ~ A m t° S ri ~ G ~ o ~ h ~ I ;~ , i o I M S{ I ', i I ~ h ~ ~ ~~ I ~ l ~ t I ~ I ~ ~ I i ' ' i I I I ° ° . h I N I I I i ~ i i - i ; a ~ I i ' V w aw r ( N I l _ r~ ? i ~ I I i ~ ~ ~ I ~ w ~ ° ti ~ _ m ( ° a _ ~= u" „~ .. ., I I I ~ 1 3 ~ i a~' : I i I I I I i a ~ ~ i i - 4 ° ( i ~ i o i I ~ N m 3 I r .~ ~ ° i' ~~ ~ i ~ u l ~ ~) ~ a m ~ ( ~ 1 + e. , N ~ a i f ~ c ` 0 C m m W ~ m ~i > c ~_ r I I I ~ 3 I I I ~ ~ i i t ( ~ ~ i ~ ~ ~ ~ Ir i' I ! ( ~ i k i i. o ~ p ; ~ o I ~ _ ~ ~ i rt i ' I ~ € l i l . I b i ~.,.~ ~ ~ :- i a Y ~ r Y ~! r ~ l a A r .. ~ 3~ ~ < pF ~1.i I 11 r ~ 1 _ ~ E L ~ p<.~ .~ ~ 1 i I ' 9c 1 ' :~~ ` ~ ~ i i _ ~ i ~ J lr _ ~ ~ _ I7 f ~ --`-~ I a: ~ t I I i i i -1 ~y '~` i A ~~ -~ ~ r ~' \ ~ ,,` CITY OFlK~VA! , _,. ~ h 1 r k l r ~ ,T r f w ,gyp. ~-' ,®v r r. ~{ ! L i_r s~a~ ~ ~~ - ~, W,p ~.. t ~ S ~ ~ ~( •a~f. t^re y^x. ~ ~~ ,n i i ar > r AREA LOCATION MAP ~ ~ ) ~.J V ~ Bethel - Eering Sea C o ~ v Arctic Ocean earro ~fTn Luc tvete --"_ __ -a-: ----- r' f ~~-~s5,. Fairbanks Cenade ~ ~~~~ ' Kenai, - l~-~l r t, a'~d-jl ~ ~ ~, r Pacific Ocean Alaska fi~ ~.. >} jL4C V~~ 7 ,_1 I~~ ~,-~g ,~ ~ a LOCATION MAP HATfENBURG DILLEY & LINNELL ARSENIC GROUNDWATER STUDY Engineering Consultants VICIN(fY MAP • ENGINEERING _ EARTH SCIENCE C'(Y OF KENA, ALASKA • PROJECT MANAGEMENT DFT?:: /37/07 D4AVlN B`"'. KK SFEFa'. FlGURE ~ ,9 "~ (909)564-2t 20 , , ?g PLANNING wwa.htllalaska.com SCF~E N-~S CHECKED H'(- LMT JOB N0.'. D6-104 -- ,~.. - i "-~{- -k -~--t ._ _~,_ ~ _ _ "°'_- ` I +_ r' z ill i , Ira I ~ f { ~~% ~ ~~ Y ~~~ "~ I I ~ ~~ 1 _._~ ~: ~ .rl' b~ r - ~~ %- ~3 / ..~ T ti -~ a~ r V ~ \V ~ n ~ ~ ~ , . ftl'YER y ~ I _ .,-~--~,~~'~'v' wl NFi~wi ~- I J '-- 1 _ - _~_ ~ ~ ~ _i __ { _ _~ v~~ _ ~-- ~ ~~.:~ ~ it ~'~ ~ ~.r^e --~_~ - _ .ai--- L__ ~ --~'-__ • ~ ~- ~ a ~ W y, a > P i ~- 4 S L ~ ' ~..__~ ~ ~ -- k' ~` a -~~.-.~(.~.~f"L_ 1 -- 1. Gi ~~U i't~ ,''ice jc..`~.. ~ V". w~ _ a i Z' L.l -~~ ._--~. _ E3f ____ y_ ~ l S.}- ~ -' ~ m w ~ ~` -_ _: i -~. I ~ ~ ~~ ~..~ ~I ii. * _~__~ -...~ ~ -Li ~~ ~ ~= F A„ w. ~ - ~ ~' T_ _-_- ~ .-._._ ,-~,...-v 1 .. ~d t~ _ i ~'` _ _ _ _~ .I ~ , ~C ~ a ~ o r W.+- ~ ~ r t' w ~ ~ - N fir. _ L_.. :._.__ ~- _ -~- _._ /j_ p _ ~i ~ LFJ fy QF-' / ~ 'i e ~~ Lpy°~ I r-~ i I N P `I~~~ 1 ~ ,~ r ~ i m~ ~ ~ i, ~ ~ ~ I `~Jl~ ~~ 1~`il I _ ~~'_ ~ ®!~ ~ t t ~, ii ~ 9 ~I .~w Yee ,,i1 r \+jf~ ,~ ~ ~ f' ~ ~ ~ ~.. o - --~- ~,~- -~ ~~~ ~ ' ' ~ - ' ~ -' ~ = w y Y ~ ~?r~< r l Nl 1 h r. _~ S~ 1 ~. I %~ lL 6 .~ ~ I- Y P. EL. ~ ( mv!" .r A 1 z C r __ r .~ o V e~0 _ U~ +fi ~ /~.. . ~ ~ ___ 2 I~ C ~ N ~ ~ ~ ~ ~~~ if ~ t~ 3.Q ~ ~ ~ _ _ --~ c ~ ~ '~ ~ ~~-_- _ ~ __ t-. ~ I j- ~-- ~ -_ ~ {}- .yi. 4 ~~.,. ~ j ~. } 1 „~ ~ ---- --~ __ „- a -- --i p ~ ~ w ~, ~ ,- a ` '~ 3p''~ ~ ~ ~ 0 3 ~ ~ m a ~ ~~o _ -~ Y s m ~i Z Z` a z a w a a a a a F i ~ ~ ~ rn O ~ ~ - W ~ c _. __ - - J m ~ m U Y ~ ~ N ® ~ ~ ° ~,~ "' I o ~I I ~~ ~ m C7 O o I, w ~ w m x QQQQQQ ~ o ~J Y Q 2 ~ QQ'Yg W a ~z m O~~w m o ~~VY Q= ~ o Z N Y o 0 N it I i I ~ a o w J ~E J 8 W « N i Z ~ vY Z ~ N W J _ IXS ~ p a I > C mz lL ~ „ 3 ~ O 3 O m ~ ~ t N Z N W W m W ~ W ~ =W Z W Q W N U Z Z I W Z ~ Z w w a a 4-~~_ i I _~ H J ~ I- J z Q w w w n. ~ ~ ~ ~ ~ ~`^-_ 1 ~ Q o r ,~,, ~ a a ~ o ~ ~ 0 o n o ~ o i o APPENDIX A ANALYTICA TEST RESULTS Analytica International, Inc. 4307 Arctic Blvd. Anchorage, AK 99503 Phane907-258-2155 Fax. 907-258-6634 Environmental l a 6oratories 10/S/2006 Hattenburg, Dilley & L,innell 3"535 Arctic Blvd.,SteJ00 Anchorase, AK 99577 Attn: Lorie Dilley Work Order k: A0609~?3 Dale: 16/i/2006 Work ID: Kenai Pomble Water Wells Daie Received: 9/22/2006 Pruj d, Kenai Potable Water Wells Sample Identification Lab Sample Number Client Description Lab Sample Number Client Description A0609223-O1 06-104-02 A0609223-02 06 -704-03 A0609223-03 06-104-04 A0609223-04 06 -I04-05 A0609223-OS 06-104-06 A0609223-06 06 -104-07 A0609223-07 06-104-08 A0609223-08 06 -104-09 A0609223-09 06-104-10 A0609223-10 06- IG4-Il A0609223-1] 06-104-]2 A0609223-72 06- 704-13 A0609223-13 06-104-14 A0669223-14 06- ]04-IS A0609223-IS 06-104-16 A0609223-I6 06- 104-17 A0609223-17 06-104-18 A0609223-18 06- 104-79 A0609223-19 06-104-20 A0609223-20 06- ]04-21 Enclosed are the analytical results for the submitted sample(s). Please review the CASE NARRATIVE for a discussion of any data andtor quality control issues. Listings of data qualifiers, anatytical codes, key dates, and QC relationships are provided at the end of the report. Sincerely, i~ ~T Krissy Plett Project Manager "7be Science of Analysis, The Art of Service" Case Narrative .4nnlvtica ~{lat'kn L;c. Work Or~lec ,i 0609229 amples were prepared on' nol geed according tc 4 PA or e~, ~~>>-lent methods ou ~l _rFC in [he i ollowing references: M ~tnods for the fe~=rmin ~~, on o=' Motels it Erv3r~n ,entai Samples, EPA/60C'/R-99/; 1I, May ~5S Pf of `, ,,. D., C. A. Ercc kYr off and J. W. O'Dell. 1999. The Determinati on of Ino r.oanic Anions in Water by Ion Chromatography. Method 300.OA. U. S. Environmental Protection Agency. Environmental Monitoring Systems Lab. Methods for Chem_caI Analysis o1 water and Wastes, OSE PA 600/9-79-020, March 1983. Standard Methods for the Examinatio^ of Water and Wastewater, 1°,th Edition, 1995. SAMPLE F2E CEIPT: 'T'wenty (20) samples were recd ved on 9/22/2G06 10:00:00 A,M at Analytlca-An cho r. age. The samples were received at a temperature of 5.5°C i.n good condi to on and in order per chain of custody. The samples were transferred for metals analysis at Anal ytica Environmental Laboratories (AEL~; 12189 Pennsy l.vania F_. I'h ornton, CO 80291 where they were received at anbient temp erature .in good conditior, and in order per chain of custody. The samples were transferred for anions analysis at Analytica Internati or,ai Inc (AII1; 3330 industrial Avenue, Fairbanks, AK y9701 where they were received in good condition and inorder per chain oT cusu;dy. REVIEW F'OR COMPLIANCE WITY, ANALY TI CA QA P7.,AN a summary of our review is sh oom below, organi ved by test: All an a.l ytical results co m~air;ed i.n this report nave been reviewed under Analyti ca 's internal.. quality assurance and quality control program. Any deviations in quality control parameters `or specif S.c analyses are noted in the fall owl rg text. A complete quality assurance report, including laboratory control, matrix spike, and sample duplicate recoveries is kept on file in our office and is available upon reeuest. All method specifications were met for the Following tests, unless otherwise noted: Test Method: 150.1 - pN, Elecrometric - pH - Aqueous Test Method: 200. 7 - Metals by ICP - Calcium - Aaueoas Test Method: 7.00. 7 - Metals by ICP - Total Recoverable - Aqueous Test Method: 200.8 - Metals by ICP/MS - Total/TR - Aqueous Test Method: Inorganic Anions by Ion Chromatography -- Anions - Aqueous Test Method: SM 2320B ~- Total Alkalinity - Aqueous Test Method: Calcium Carbonate Saturation - Lang e].ier Index - Aqueous Test Method: 200.8 - Metal _= by ICP/MS - Arsenic - Aqueous MS/MSD and DOP OU?"ilERS: Arsenic is out in the batch MS/MSD associated with this analysis, but the sample snike3 is not associated with this project. Case Narrative dnolyrlrn Afnska Ls. 11`ork Order- AG609:173 (raminned) 'res* Method: SM: 596C - Total Dissolved Solids dr_ed at 180°C - 'i 05 - Aqueous MS/NSF and DUP CUTL". EiiS: The matrix spike recovery shown below indicates a possible matrix effec*. Type Client Sample LabSample Analyte Recovery LCL llCL Parent Spike MS 06-104-06 A060922~-OSD Total Di ssoived Soii 79.7 RO ]7.0 189 369 Detailed Analytical Report Analytica Alaska Inc. Workorder ;SDG)- AOb09223 rojeet Kenai Potable Water Wells ~Genc Hattenbutg, Dilley & Linnell Client Project Number: Kenai Potable Wa[er Wells Report Section: Client Sample Report Client Sample Name: 06_~ Q~_02 Matri,e: Aqueous Collection Dale: 9/21/2006 3:26:OOPM The following test was mndutted by Analytira -Thornton Lab Sample Number. A0609223-OIFA Prep Date: 9/28/2006 llnalyiical Method ID: 200.8 - Metels by 1CP/MS -Arsenic Prep Method ID: 200.8 Prep [?arch Number T06092R015 Reppn Basis: As Received Sample prep wt./vol: 50.00 ml Anal to CASNo Result PIaES Units P L. MDL arsenic 74403K-2 yF,3 ug/L OIS 0044 run tl: 2 Analysis Dale- 10/2/2006 6:09:03PM Instrument: Elan File Name: expor1100206a. Dilution 1=acion I Analyst Iniliols: KL Prep Extract Vol: 50.00 ml Page 4 of 42 Detai)ed Analytical Report Analytica Alaska lnc_ Workorder (SDG}. A0609223 Project Kenai Potable N'ater Wells Client Hattenbu rg, Dilley ~ Linnell Client Project Number : Kenai notable Dater Wells Report Section: Client Sample Report Client Sample Name: Ob-I t)4-tt3 Matrix: Aqueous Collection Date: 9/21/2006 3:S3:OOPM The following Zest was conducted by. Analytica -Anchorage nab Sample Number: A0609223-02D Analysis Date: 9/22/2006 11:4928AM Prep Date 9/22!2006 InsUUmem: SCALE Analytical Method 1D: SM2540C -Total Dissolved Solids dried rn 180°C -TD S Pile Name: Prep Method ID: TDS Dilution Yactec I Prep Batch Number A060926009 Report basis: As Received Analyst Initinls: aj Sample prep wtJvol: 80.00 ml Pren Extract Vol: I-00 ml Analvte CASNO Resut RI?gs Units mil, VIDL rpn ~; Loral Dissolved Solids 221 mglL 20 6:0 I The followinP test was conducted by: Analytica -Anchorage Lab Sample Number A0 6092 2 3-0 2D Anaiysis Date: 9/22/2006 10:0.1:04AM Prep Dme: 9/22/2006 Instrument: 'iitrametric Analytical Method lD: SM 2320H-Total Alkalinity File Name Prep Method ID: Alkalinity Dilution Factor. 1 Prep Batch Number: A060926002 Repon Basis: As Received Analyst Initials. aj Sample prep wUvol: 50.00 ml nrep Extract VoI: 50.00 ml Analvte CASNo Reneult P'IeES', Units P L MDL run b: Alkalinity. 7otol 75.0 mpfL CaCO 4.0 0.77 I The following test was conducted by: Analytica -Anchorage Lab Sample Number A0609223-02D Analysis Date: 9/27/2006 4:03:OOAM Prep Date: 70/4/2006 Instrument: default Analytical Method ID'. Calciwn Carbonate Saturation -Langelier Index File Name: Prep Method 1D: Langelier Dilution Factor: Prep k3atch Number A061004010 Repon F3asis: As Received Analyst Initials. kp Sample prep wt./vol: 1.00 ml Prep Extract Vol: 1.00 ml Analvte C'ASNo ReSUn Plaes Units P L MDL run #: Langelier lnde.UConosiviry _7,q LangUnits -LU -L0 I The following test was conducted by Analytica - Anchorage Lab Sample Number A0609223-02D Analysis Date: 9/22/2006 1 123:09AM Prep Date: 9/22/2006 Instrument: Probe Anolvtical Metbod ID'. 150J - pH. Elecrometric - pH File Name: Prep Method lD: pH Dilution Factor: 1 Prep Batch Number A060926008 Repon Basis As Received Analyse Initials. aj Sample prep wt./vol: 1.00 mI Prep Extract Vol: 1.00 ml Analvte CASNo Result FIagS Units PAL MDL run d: PH 6.5 PH 0.0 09 t Page 5 of 42 lletailed Analytical 12eport Analytica Alaska Inc. -_Workordrr (SDG): A0609223 '. irojcce Kenai Po[a ble Water Wells -Client: Hatlenburg, Dilley & Linnell Client Project Number : Kenai Potable Water ~V ells Report Section: Client Sample Report Client Sample Name: Q6-] 04-03 Mmri,c: Aqueous CollectionDnte. 9/21/2006 3:53:OOPM The follo~~~ing lest was conduced by Anah~tica -Fairbanks Lah Sample Number A0609223-02C Analysis Uatc: IO/2/2006 6:26:ODPM Prep Uate. 10/2/2006 Instrument. 1C Moh~ticai Method IU: Inorganic Anions by Imt Chromatography -Anions Pile Name. Prep Method ID: 300.0 Dilution 1=aetoc 1 Prep I3mch Number: F061002024 12epon Basis: As Received Analyst Initials: KAH Sample prep wt./vol: 5.00 ml Prep Extract Vol: 5.00 mI Analyze C.4SNo Result Fln,~s Units Pte( ~. MDL rtm k: Chlonde 95.1 mg/L 0.50 0.030 I Sulfmc t 62 mg/L 0.75 OA10 'I he following test was conducted by: Analytica -Thornton Lab Sample Number: AU609223-02A Analysis Date: 10/2/2006 6:7 1:30PM Prep Da[e: 9/28/2006 fnstrument Elan Analytical Method ID: 200.8 -Metals by ICP/MS-Arsenic Pile Name: export100206a. lrep Method IU: 200.8 Dilution Factor: 1 ..Prep Batch Number. 7060928015 Repon Basis: As Received Analyst Initials. KL Sample prep wt./vol: 50.00 mI Prep Extract Vol: 50.00 mI Analyze CASNo Result Flames UuILS ~ MDL run H: Arsenic 7hM1-38-2 729 u~L O.IS 0.044 2 The following test was conducted by: Analytica -Thornton Lab Sample Number: A0609223-02E Analysis Date: 9/27/2006 0.:03:OOAM Prep Dare: 9/271200G Instrument: ]CP 2 Analytical Method lD: 2U0.7-Metals by 7CP-Calcium File Name: F.09276A Prep Method ID: 200.7 Dilution factor 7 Prep Bamh Number: 7060927001 Repon Basin As Received Analyst Initials: KB Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 mI pnalyte CASNo Result Plans Units P L. MDL run #: Calcium 7440-70-2 25A mg1L OJO 0.013 The following test was conducted by. Analytica - Thommn Lab Sample Number A0609223-02B Analysis Date: 9/27/2006 3:48:OOAM Prep Date: 9/27/2006 lnstrumenc ]CP 2 Analytical Method 7D: 200.7-Metals by lCP-Total Recoverable File Name- E09276A Prep Method ]D: 200.7 Dilution Factor 7 Prep Batch Number: 7060927001 Repon Aasis: As Received Analyst Initials KS 4ample prep wt./vol: 50.00 mI Prep Extract Vol: 50.00 ml :A naly ie CA$No Result FIaES Units P~(L MDL run N: Page 6 of 42 Detailed Analytical Report Workorder (SDG): A060932, Project: Kenai Potable ~!'ater Wells Client: Hattenbu rg, Dilley & Linnell Client Project Number: Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: Q6-I ~4-o3 Matrix: Aqueous Analydca Alaska Inc. ollection Date: 21/2006 3:53:OOPM Lab Sample Number. A0609223-028 Analysis Dote: 9/27/200( 3:48:OOAM Prep Date: 9/27/2006 instrument ICP_2 Analytical Method ID~. 200. "! -Metals by ICP -Total Recoverable File Name. E09276A Prep ~Ylethod 1D: 200.7 Dilution Facor i Prep batch Number 7060927001 f2epon Basis: As Received Analyse Initials: KB Sample prep wt/vol: 50.00 mI Prep Extract Vol: 50.00 ml An9iytf CASNo Result PIaPS Units PAL MDL run M: Iron 7439-A9-b L mg/1. 0.050 0.0027 I Maoganc3c 7439-96-5 0.79 mg/L 0.010 000060 Sodium 7440-23-5 75 mg/I_ 10 0.028 the following Iesi was conducted by: Analytiea -Thornton Leb Sample Number A0609223-02B Analysis Uate: 10/312006 7:08:53PM Prep Date: 10/2/2006 Instrumem: Elan Analytical Method ID: ?00.8 - Meats by ICP/MS - TmaVTR File Name,: export100306.c Prep Method 1D: 200.8 Dilution Factor 1 Prep Batch Number 7061002020 Report Basis: As Received Analyse Initials: KI.S Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 mI Analvte CASNO Resn11 Pla s Units P L MDL run p: Antimony 7440-36-0 ND ug/L 0.10 0.027 I Page 7 of 42 Detailed Analytical Report Analytica niaska ine_ wer~;erder tso~r t~o6oy223 ';roj ecC Kenai Potable Water Wells Client[ Hatten bu rg, Dilley & Linnell Client Yrojeci Nam bcr : Kenai Potable Water N'ells Report Section: Client Sample Report Client Sample Name Q(i_104-~4 Matrix. Aqueous CollecisunDote: 9/27/2006 3:52:OOPiv1 'Ihe following test ~ws conducted by: Analvticn -Thornton Lnb Sampla Number A0609223-03A Analysis Dnte 10/3/?006 5:3026PM Prep Date: 10/2/2006 Instrument Elan Analytical Method Ilk 200.8 -Metals by ICP/MS-Arsenic File Nmne: export100306.c Prep Method 1D: 200.8 Dilmion }actor: I Prep Batch Number: 7067002020 Report Basis: As Received Analyst Initials KL Sample prep wt./vol: X0.00 ml Prep Extract Vol: 50.00 ml AoatV to CASNo Resnh Flaw lfnits ~ MDL Arsenic 7x40-384 22.7 u@/L O.IS 0.044 ran H: 2 Yage 8 of 42 DeSailed Analytical Report Analyt;ca ~~as!~a iac. U'orkortler (SDG): A0609223 Project. Kenai Potable Water Wells Client Hatten bu rg, Dilley & Linnell Client Project Number . Kenai Potable Water Wells Report Section: Client Sample Report Client Sample f\'ame: 06_]04-~5 Metrix: Aqueous Collection Date: 9/21/2006 3:OS:OOPM The Iollowing lest was conduced by: Analytica -Thornton Lab Sample Number. A0609223-04A Annlysis Dere. 10/3/2006 1:32:ISPM Prep Date: 1012!2006 Instrumem: Elan Analyticnl Method ID: 200.8 -Metals by K'P/;vIS -Arsenic File Name: e%port100306.c Peep Method 1D: 200.8 Dilution 1=acta-c I Prep Balch Number 7061002020 1teport Basis: As Received Analyst L[itials: KLS Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml Analyte Arsenic CASNo RcsW( Flaw Units P L MDL run il: 7440-38-2 5.40 vg/L OJS 0.044 ~ Page 9 of 42 Detailed Analytical Report Analyuca Alaska hc. Workorder (SDG): A0609223 r•oject: Kenai Potable Water Wells Client Hattenbu rg, Dilley & Linnell Client Project Number : Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: Q6-t~4-~b Matri.~: Aqueous Collection Date. 9/21/2066 2:3 YOOPM l he following lest was conducted by: Analytica -Anchorage Lab Sample Number: A0609223-OSD Analysis page: 9/22/2006 11:49:28AM Prep Date: 9/22/2006 lns[rumenC SCALE Analytical Method lU: SM2540C -Total Dissolved Solids dried m I80°C -TDS File Name: Prep Method ID: TDS Dilution Factor: 1 Prep hatch ;umber. A060926009 Repon [3asis: As Received Analyse Initials: aj Sample prep wt./vol: 80.00 ml Prep Extract Vol: 1.00 ml An9lyte CASNo Result FIaES Units ~. MUL run M: Total `Dissolved Solids Ig9 mg/l. 20 60 7 The lollowing test was conducted by Analytica -Anchorage Lab Sample Number A0609223-OSD Analysis Date: 9/2212006 10:41:04AM Prep Date: 9/22/2006 Insvumene Titrametric Anelyticat Methadl D: SM 2320II -Total Alkalinity Fife Name: Prep Method ]D: Alkalinity Dilution Factor: 1 :rep F3atch Number: A060926002 - -Report $asist As Received Analyst Initials: aj Sample prep wtJvol: 50.00 ml Prep Extract Vol: 50.00 ml Analy le CASNo Reneu11 Flat'S Units ~L MDL run F: Alkalinity,"total t03 mil. CaCO 4.0 0.77 ~ The following test was conducted by: Analytica -Anchorage Lab Sample Number: A0609223-0SD Analysis Uate: 9/27/2006 4:I3:OUAM Prep Date: 10/4/2006 InstrumenC default Analytical Method ID: Calcium Carbonate Saturation -Langelier Index File Name: Prep Method tD: Langelier Dilution Factor Prep batch Number A061004070 Repon Basis: As Received Analyst Initials kp Sample prep wi./vol: 1.00 ml Prep Extract Vol: 1.00 ml Analy to CASNo Resnll FIeaS Units ~ MDL run Yt: Langelier lndex/Corrosivity _],4 l.arglJniu -I ~ -10 ~ The following test wzs conducted by Analytea -Anchorage Leb Sample Number: A0609223-OSD Analysis Date: 9/22/2006 I7 23:09AM Prep Date- 9/22/2006 Instrument: Probe Analytical Method ID: 150.1 - pH, Elecrometric - pH File Name: Prep Method ]D: pH Dilution Gaetoc I Prep batch Number A060926008 Repon Basis: As keceived Anal}•st Initials: aj Sample prep wUvol: 1.00 ml Prep Extract VoI: 7.00 mI ivalyte CASNo Resuh Fla s Units Y~(L MDL run N: ~pH G.6 PH D.0 0.0 ~ Page 70 of 42 Detailed Analytical Report Analytica Alaska Inc. Workordcr (SDG). AOfi04223 P rojecc Kenai Potable Water Wells Client Hattenburg, Dilley & Linnell Client Pruject Number : Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: 06_~ ~4_0f~ Mains: Aqueous Collection Date: 9/27!2006 235:OOPM The following test was conducted by: Analvsica -Fairbanks' Lab Sample Number. A0609223-05C Analysis Dale: 10/2/2006 6:26:OOPM Prep Dote. 10/212006 Instrumem: IC Analyi teal Method ID: inorganic Anions by Ion Chromatography -Anions File Name: Prep Method ID: 300.0 Dilution Factor I Prep Botch Number: F061002024 Report Boris As Received Analyst Iniiinls KAH Sample prep wt./vol: 5.00 ml Prep Extract Vol: 5.00 ml Ana7v le GASNO Rrsuit flaw Units ~L MDL run R: Chiuridu 2.7s mgJL 050 0.030 ~ Sui fate 263 mgJL. 07S 0.010 The foilowing lest was conduced by: Annlyiica -Thornton Lab Sample Number: A0609223-OSA Analysis Uate: 10/3/2006 1'3A:43PM Prep Date: 10/2/2006 Instrument: Elan Analytical Method ID: 200.8 -Metals by ICP/MS-Arsenic File Name: export100306.c Prep YJethod lD: 200.8 Dilution Factor I Prep Batch Number: 7061002020 Report Basis: As Received Analyst Initials KLS Sample prep wtJvol: 50.00 ml Vrep Extract Vol: 50.00 ml And CASNo R=nit FIaES U~ils ~ iviDL run d: Arsenic 9440-38-2 0286 ug/L., 0 LS 0.044 ~ The Collowing test was conducted by: Analydca -Thomson Lab Sample Number: A0609223-05E Analysis 1)ase: 9/27/2006 4:13:OOAM Prep Date: 9/27/2006 Inswmen[: ICP 2 Analytical Method 1D: 200.7 - Metals by ICP -Calcium File Name: E09276A Prep Me~hod l p: 200.7 Dilution Factor: I Prep Batch Number: 7060927001 Report Basis. As Received Anfllyst Initials: KB Sample prep wiJvol: 50.00 ml Prep Extract Vol: 50.00 ml Analy to CASNo Result 6IaE5 Units ~ MDL run N: Calcium 7440-70-2 26.4 mg/L 010 O.O13 ~ The following test was conducted by: Analysiea -Thornton Lab Sample Number: A0609223-OSB Analysis Date: 9/27!2006 4:OR:OOAM Prep Date. 9/27/2006 lnsvumenc iCP 2 Analytical Method 1D: 200. 7 -Mewls by ICP -Total Recoverable pile Name: E09276A Prep Method ID: 200.7 Uilution Factor. Prep Batch Number. '7060927001 Report Bflsis As Received Analyst Initials: KB Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml And CASNU Nesoll FIa2s U~ils PQ MDL ran A: Page 17 of 42 Detailed Analytical Report `Abrkorda- (SDG): A06092s3 :rojen: Kenai Potable Water Wells ClFene Natters burg, Dilley St Linnell Client Project Dumber: Kenai Potable Water Wells Report Sect;on: Client Sample Report Client Sample Name: 06-7 ~4-Q( Matrix: Aqueous ,vnalytica Alaska Inc. ollection Date: 21/2006 235:OOPM Lab Sample Number A0609223-05B Analysis Daie: 9/27/2006 0.:08:OOAM Prep Date: 9/27/2006 Instrument: ICP_2 Annlyticol Method ID: 200. 7 - Metals by 1CP-Total Recover.~hle Pile Name: E09276A Prep Method ID- 200.7 Dilution Factor: I Prep 6mch Number 7060927001 Report Basis: As Received Analyst Initials: KB Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml Analytr CASNU Result Pla s Units PQL MDI. run d: Iron 7479-89-6 21 mg/1_ 0.050 0.0029 ~ Manganese 74,39-95-5 p,2 mg/L 0.070 0.00066 Sodium 7x40-235 SA inpJL 3G f, 028 The lollowinp tcst was conducted by Analytica-Thornton Lab Sample Number A0609223-OSB Analysis Date: 70/3/2006 I:3939PM Prep Date: 10/2/2006 Insn{tmenC Flan Analytical Method lD: 200.8-Metals by lCP/MS-Total/TR Pile Name: export100306.c :'rep Method 7D: 200.8 Dilution Factor: 1 Prep F3aich Number: 7061002020 RepUn basis: As Received An2lvst Initials: KLS Sample prep we./vol: 50.00 ml Prep Extract Vol: 50.00 ml Amtlvte CASNO Result FIaCS Units P L MDL run N: Antimony 744036-0 ND ug/L OJO 0.027 ~ Page 72 of 42 Detailed Analytical Report Analytica aiasl:a lrc. Workorder ISllG). A060922= Projece Kenai Potable Writer Wells Client. Hatten bu rg, DiIIeV R !,trine!! Client Pruject Number : Kenai Fotab4e Water Welts 12eport Section: Client Samp)e Report Client Sa mple Name: ~6_t (]4_~7 Matrix: Aqueous Collection Date: 9/21/2006 3:04:OOPM The fiAlmving iesl was conducted by: Analytica -Thornton Lab Sample Number A0609223-06A Analysis Date. !0/3/2006 1:42:08PM Prep Pete: 10!2/2006 Insin~menc Elan Analytical Method ID: 20Q8 -Metals by ICP/MS-Arsenic Pil¢Name: expon100306.c Prep M¢ihod ID: 200.8 Dilution Factor I Prep Retch Number: "P067002020 Report 13nsis: AS Received Analy5l Initials KLS Sample prep wt./vol: 50:00 mi Prep Extract Vol: 50.00 ml AnAlytf Arsenic cnsNrr newt r~ u~~~s ~ m~~ 7440J3-;? 0.673 ug/L OIS 0044 run q: I Page 13 of 42 Detailed Analytical Report Analyiica Alaska Inc 14orkorder ;SDGj: A060922; rojea: Kenai f'otabie Water Wells Client: Hasten bu rg, Dilley .4z Linnell Clicnl Project Number : Kenai Potable Water Wells Report Section: Client Sample Report flient Sam plc Name: 06_] ~a-O$ Matrix: Aqueous Collecilon Date. 9!21/2006 12:0O:OOPM 'the tollawine test was conducted by. Analyuea -Thomson Lab Sample Number A0609223-07A Analyss Date. 10/3/2006 532:49PM Prep Dme: 10/2/2006 Insiremen~: Elan Analytical Method ID: 200-8 -Metals by iCP/MS -Arsenic File Name. export 100306.c Prep Meih~iA ID_ 2.00.8 Dihnlon Foaoc 1 Prep Bosch Number: T66I002020 Report t3asis. As Received Anuly si Liltixls: KL Sample prep w[Jvol: 50.00 ml Prep Extract Vol: 56.00 ml Annivtr CASNo Result Fluffs Units ~ MUL Arsenic 7040 :8~2 IIJ uWl. 0.!5 0.044 run N: Page 14 of 42 Detailed Analytical Report Analyuca Alaska Inc- Workonier (SDGi: AO6O92?3 Projrn: Kenai Potable Water Wells ,. Clime Hatteobu rg, Dilley & Linnell Client Project Number : Kenai PO[able Water Wells Report Section: Client Sample Report Client Sample Namc: 06_1 O4_~c~ Matri s: Aqueous Colleaton Dnte: 9/21/2006 2:53:OOPM The following test wns conducted by: Analyuca - Anchornge Litb Sample Number AO6O9223-O8D Analysts Dmc 9/22/2006 11:4928AM Prep Date 9/22/2006 htstmmenr. SCALE Analytienl Methiod ID. SM254OC - Total Dissolved Solids dried at IRO°C -TDS File Name: Prep Method Ip: TDS Dilution Pastor: 1 Prep 8a~ch Number, AO6O926OO9 Report Basis: As Received Analyst Initials. aj Sample prep wt./vol: 80.00 ml Prep Extract Vol: LOO ml Analvle G\SNo Renault flees Units P L MDL run q: Total Dissolved Solids 145 mg/!_ 20 6.0 7 The loltowing yes wos conduced by: Annlytica -Anchorage L,nb Sample Number AO6O9223-O8D Analysis Date. 9/22/2006 I O:R I :O4AM Prep Date: 9/22/2006 Insvument: Titrametric Analytical Method ID: SM 23208 -Total Alkalinity File Name. Prep Method IU: Alkalinity Dilution Factor: 1 Prep Batch Nurciber. AO6O926OO2 Report Basis: As Received Analyst Initials: aj - Sample prep wt.Ivol: 50.00 ml Prep Extract Voi: 50.00 ml Analvte CASNO Result fIA25 Units ~L MDL run N: Alkaliniey, Total g~,0 ~ng/L CaCO 4.0 0.77 I The following test was condueted'oy: Analytiea -Anchorage _ Lab Sample Number AO6O9223-O8D Analysis Date: 9/27/2006 4:23:OOAM Prep Date: 10/4/2006 losirumenr. default Analytical Method 1D: Calcium Carbonate Sausatimr -Langelier Index File Name: Prep Method lD: Langelier Diluion Factor Prep Batch Number: AO61OO4O1O Report Basis: As Received Analyst Initials kp Sample prep wt /vol: 1.00 ml Prep Extract Vol: 1.00 ml Analyse CASNo Result I4a¢s t}nits ~L MbL run d: Langelier Index/Con os:vi ry -0.75 LangUnf~s -i 0 -L0 I The fol Jawing test was conducted by: Analytiea - Fmchcrage Lab Sample Number: AO6O9223-O8D Analysis Daie: 9/22/2006 11:23:O9AM Prep Date: 9/22/2006 Instrumene Probe Analytical Method lID. 150,1 - pH- Elecromeiric - pH File Name: Prep Method IU: pH Diluion Facor: 1 Prep Batch Number: AO6O926OO8 Report Basis: As Received Analyst Initials. a} Sample prep wt./vol: 1.00 ml Prep Extract Vol: 7.00 ml Analvle CASNo Result Floes Units ~ MDL run q: pH S.i PH 0.0 0.0 I Page 15 of 42 Detailed Analytical Report `Norkorder :SDG}: A060922, i roject Kenai Potable Water Wells Clixnr Hattenburg, Dilley & Linnell Client Project Number: Kenai Yotabie Water Wells Report Section: Client Sample Report Client Sample Name: Q6-7 ~'~-~9 Matrix- Aqueous Ana':yuca Aiaska lac ollection Date. 21/2006 253:OOPM The following lest was conducted by. Anaiylica - I'airhanks L.a6 Sample Number A0609223-08C Analysts Dale 10/2/2006 6:26:OOPM Prep Date_ 10/2/2006 Insirumenc IC Analytical Method ID: Inorganic Anions by Ion Chromatography -Anions Pile Name- Prep Method ID: 300.0 Dilwion Factor: I Prep Batch Number. F061002024 Report basis: As Received Analyst inilia l5: KAH Sample prep wt./vol: 5.00 ml Prep Extract Vol: 5.00 ml AneIy IP CA$No Result Flees Units Q MDL run k: Chloride 2.42 ~^€1L 0 50 0.030 I Sulfate ND mg/L U75 0.010 The following test was Conducted by: Anaiyuca -~fhornion Lnb Samp)e Number A0609223-D8A Analysts Date: 10/3/2006 L:47:04PM Prep Date-. 10/2/2006 Insirumene Glan Analytical Method ID: 200.8 -Metals by 1CP/MS-Arsenic File Name: esport100306.c .'rep Me[6od ID'. 200.$ Dilutimr f=actor 1 Prep Batch Number: 70 6 1 002 020 Report Basis- As Received Analyst Initials: KLS Sample prep wt/vol: 50.00 ml Prep Extract Vol: 50.00 mI Anelyte CASNo Result Floes Units P~(L MDL run 8: Arsenic 7440-38-2 2.03 ugJ~ 0.15 0.044 I The following test was conducted by: Analytiea - Thomtm~ Lab Sample Number_ A0609223-08E Analysis Date: 9/27/2006 4:23:OOAM Prep Date: 9/27/2006 Instrument: 1CP_2 Analytical Method ID: 200. 7 - Metals by 7CP -Calcium File Name: E09276A Prep Method 1D: 200.7 Dilution 1=ac[or 1 Prep Batch Number 706092 70 0 1 Report Basis- As Received Analyse Initials: KB Sample prep wt./vol: 50-00 ml Prep Extract VoI: 50.00 ml An_alyte CASNo Resen Iles t'~nits ~>= MDL run h: Calcinm 7440-70-2 18.9 mg/L O.Ip 0.013 I The following test was conducted by: Analyuca - Thornton Leb Sample Number: A0609223-OSF3 Analysis Date: 9/27/2006 4:18:OOAM Prep Date: 9/27/2006 Instrument: 1CP_2 Anaiwical Method ID- 200. 7 -Metals by 1CP - lblal Recoverable File Name: E09296A Prep Method ID: 200.7 Dilution Factor 7 Prep Batch Number 1'060927001 Repott Basis- As Received Analyst lnitia}5: KB Sample prep wt fvoh 50.00 ml Prep Extract Voi: 50.00 ml -'~Analvte CASNo Resnlt Floes Units ~L MDL run d: Page 16 of A2 Derailed Analytical Report Workorder (SD6P. A0609223 Projece Kenai Potable Water Wells Clime Hatten burg, Dilley & L,i~nell Client Proj ear i~umbe r: Kenai Potable Water Wells Report Section: Client Sample Report Client Sample :'Fame: 06_1 Q4_09 Matris Aqueous Analytica Alaska Ir,c. ollec[ion Daie: 21/2006 2:53:OOPM Lab Sample Number A0609223-08B Analysis Date: 9/27/2006 4:18:OOAM Prep Date: 9/27/2006 Instrument: ICP_2 Analytical Method lD- 200.7-Metals by lCP-Total Recoverable Pile Name: E09276A Prep Method IU: 300.7 Dilution Pactoe I Prep batch Number. 7060927001 Rapon Basis: As Received Analyst Initials: KB Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml AnA~ CASNo Result Maas Units P L MDL run N: Iron 7439-89-b 0.79 mg/L 0.0>0 00027 , Manganese 7419-965 0.12 mg/i_ 0.010 0 00055 Sodmm 7440-23-5 g,9 ~ng/L } 0 OD2fi The following test was conduced by. Analytica -Thomson Leib Sample Number A0609223-OSB Analysis Date: 10/3/2006 I :51:54PM Prep Date: 10/2/2006 Instrument Elan Analytical Method ID- ?00.8 -Metals by ICP/MS - "Ibta1TPR 1=ile Name: export100306.c Prep Method 7U: 200.8 Dilution Factor I Prep Batch Number 7061002020 Report Basis: As Received Analyst lniiials: KLS Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml AnAly~f CASNo Reult FIa2s Units ~L MDL run#: Antimony 7440-36-0 ND ug/L 0.10 0.02% I Page 17 of 42 Detailed Analytical Report Analy?ica nlaska inc ~,U'o~kordtr ($DG): A0609223 '. ?roj ecc Kenai Potable l4'ater Wells C1fenL Hattenburg, Dilley & Limiell Cliem Prgec~ Number. Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: Q(~_I ~4-l~ iA4etrix: Aqueous Collection Uaia 9/21/2006 3:37:OOF'M ~f he follo~+•in@ test was con(lucied by Analvtica -Thornton Lab Sample Number: .A0609223-09A Prep Date: 10/2/2006 Analytical Method lD. ?OQ8 -Metals by lCP/MS-lsrsenic Prep Me~hod IU~. 200$ Prep Batch Number 'C061002020 Report basis: As Receiveff Sample prep wt-/vol: 50.00 ml Aaalvte G\SNo Result FI~~•s t4nils Asenu 744038-2 iy2 ug/L Analysts Dare: 10/3/2006 5:37:40PM Insirumem: Hlan Pile Name. ~xport100306.c Dilution Factor 1 Analys'i Init ie ls; KL Prep Extract VoL 50.00 ml Q MDL run N: ais oa4a Pace 18 of 42 Detailed Anah~tica{~Repo-rt .Analyuca Alaska btc. Worka~der ISD<i). A0609223 Project Kenai Potable Water Wells Client. Flatten bu rg, Dilley 6z Linnell Client Project Number: Kenai Potable ~Vaier Wells Report Section: Client Sample Report Client Sample ,Names ~~_j ~~_~~ Matrix: Aqueous Collection Datz. 9/27 /2006 I 1 :07:OOAM Th¢ followiga lest was nmductetl bv: Analytlee - Anchornge Lab Sample Number: A0609223-IOD Prep Detr 9/?6/2006 Annlyiieal Method l2 SM2S40C-Total Dissolved Solids dried at 180`C-TDS Prep Method ID: TDS Prop Batch Number A060930003 Report Basis: As Received Sample prep wt./vol: 80.00 ml Anatytr• CASNn ReResolt Flags Units P L MDL Taial Dissolvztl Solids. gp,p mg/L 2ll 60 Analysis Date. Lis[niment I"ile Name: Dilution Factor. Analyst Initials: Prep Extract Vol 9/26/2006 n?9:lsAM SCALE I g. I.00 ml run P: the Cvllowing test was contiucizd by: Analyuca-Anchorage Lab Sample Number: A0609223-IOD Prep Date: 9/222006 Analytical Method ID: SM 232013 -Total Alkalinity - Prep Method ID: Alkalinity Prep Batch Number: A060926002 Report Basis: As Received Sample prep wt /vol: 50.00 ml Analple CASNo He=gilt Flaw Units ~L MUL Alkalinity. Total 1)7 mP~L CaCO 46 0"77 The following hest was conducted by: Analytiea -Anchorage Leb Sample Number: A0609223-1OD Prep Date: 10/4/2006 Analytical Method ]D: Calcium Carbonate Saturation -Langelier Index Prep Method Ill: Langelier Prep Batch Number. A06i004010 Rcpon Basis: As Received Sample prep wt./vol: L00 ml Analysis Date: Instrument File Name,: Dilwion Factor: Analyst Initials: Prep Extract Vol: ,Analysis Date: Instrument: File Name: Dilution Factor Analyst Initials: Prep Extract Vol 9/22/2006 10:41:04AM i'itrametric 1 aj 50.00 mI nm q: 9/27/2006 4:310QAM default kp 1.00 ml paalyre CASNo Result !angelier lntlex/Corrosivity .1.6 Flags Units LangUnits P~ MllL d.0 -L0 run?!: I The following rest was conduced b,:.Analytica -Anchorage Lab SampleNumbec A0609223-1OD Analysis Date: 9/22/2006 71:23:09AM Prep Daie: 9/22/2006 InsvumeN: Probe Analytical Method Ill: 150.1 - pH. Elecrome[ric - pH File Name: Prep Method 7D: pH Dilution Factor: 1 Prep Batch Nurnber: A060926008 Report Basis: As Received Analyst lniiials: aj Sample prep wtlvol: 7.00 ml Prep Extract Vol: 1.00 mI Analvte CASfVo Resnll Flaes Units P~(L MDL run k: pH 5.6 pH 0 D 0.0 I Page 19 bf 42 Detailed Analytical Report Analytica Alaska inc. A~orkonler (SDG): A0609223 'rojece Kenai Potable eater f'`'ells C~Ilent: Hattenbu rg, Dilley S Linnet) CGtun Projeet Number: Kenai Potable Water Wells Report Section: Client Sample Report Cliertl Sample Name: Q(_]04-17 Mmri,c AGueuus Collection Date- 9/21/2006 I1:07:OOAM The following test was conducted by. Analytica -Fairbanks Lah S:nnplc Number: A0609223-10C Analysis Dme. 10/?/2006 6:2G:OOPM Prop Dnic- 10/2/2006 Instrument: IC An:dyticol Melhotl ID: ~norganie Anio~t5 by Ion Chromaiogr.!phy -Anions File Name: Prep Meihnd )D: 3000 Dilution Pocior I Pmp Batch Number- (061002024 Report Basis: As Received Analyst Initials: KAI-I Sample prep wt lvoL 5.00 ml Prep Extract Vol: 5.00 ml Annlvto CASNo Result Ilaes Units P~ MDL run d: Chl oridc q32 mp/L 050 0-030 ~ Sulia~c 7.92 mp/L 0.7s b.01U The following test was conducted by: Analytica -l~hornlon Lab SampleNamber: A060)223-]OA AnnlysisDa~e: 10/3/2006 2:03:OOAM Prep Dater 10/2/2006 Insnumene Elan Analytical Method ID: 200.8 -Metals by 7CP/MS -Arsenic Pile Name. export100306.e ?rep Method ID'. 200.8 Dilation Factor. I '.Prep Batch Number 7067002020 Report Basis: As Received Analyst Initials KLS Sample prep wt./vol: SOHO ml Prep Extract Vol: 50.00 ml Analyte CASNo Result YIaES Uni[s ~ MDL run N: Arsenic 74403&2 1.05 upJL 0.15 0.04A ~ The following test was conducted by: Analytica -Thornton Lub Sample Number A0609223-]OE Analysis Date: 9/27/2006 4:33:OOAM Prep Date: 9/27/2006 ]nstrument: 1CP_2 Ana!viical Method 7D' 200.7 -Metals by ICP - Calcimn File Name: 609276A Prep Method ID: 200.7 Dilution Factor: 1 Prep Batch Number. 7060927001 Report Basis: As Received Analyst Ini~fals'. KB Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml Analyze CASNo Resoh 61ats Units ILL MllL run N: Calaum 7440-70-2 ll.5 mg/L 010 0.013 ~ The following test was conducted by: Analytica -'fhomion Lab Sample Number: A0609223-1 OB Analysis Date: 9/27/2006 428:OOAM Prep Daie: 9/27/2006 Instramene ICP, 2 Analytical Method Ill: 200.7- Metals by 7CY -Total Recoverable S'ile Name. E09276A Preo Method ID. 200.7 Dilution Factor: 7 Prep Batch Number: 7060927007 Repo^ Basis: As Received Analyst Initia{s KR Sample prep wt./vol: 50.00 m1 Prep F,xtract Vol: 50.00 ml ----'Analv[e CASNo Result Fla¢s Linits P~ MDL run k: Page 20 of 42 Detailed Analytical Report Analyllca Aiaska Inc. Workorder ISDG)~. A0609223 Project tienai Potable Wafer Wells Client: Hasten bu rg, Dilley & Linnell Cliem Project Number . lienai Potable Water Wells Report Section: Client Sample Report flient Sample Name: 06_]4-] ] Matrix: Aqueous Collection Date: 9/21/2006 11:07:OOAM Lab Sample Number A0609223-1OB Analysis Date: 9/27/2006 438:OOAM Prep Date: 9/27/2006 Instnunenc ICP_2 Analytical Method lD: 200.7-Metals by lCP-Taal Recoverohle Pile Name: E09276A Prep Method 1D: 200.7 Ullution Factor. I Prep Batch Number. 7060927001 Report Basis: As Received Analyst Initials: Kk3 Sample prep wt./vol: 50-00 mI Prep Extract VoI: 50.00 ml Analyse CASNo Result FI~Pas Units P(~ MDL Iron 7439-H9-a O.ld m@/L 0.050 000?7 Manganese 7439-96-~ 0.098 mEJI_ O.OID 0.00066 Sodium 744023-5 3-g mglL }.0 0028 The following test u~as conducted by. Annlytica -'rhornlon Lab Sample Number: A0609223-I OE3 Prep[>ate. 10/2/2006 Analytical Method ID: 200.8 - Met¢Is by ICP/MS -Total/TR Prep Method 1D: 200.8 Prep Batch Number: 7061002020 Report Basis: As Receive) Sample prep wt./vol: 50.00 ml Analv[e CASNo Nesa11 Flaps Units Antimony 7440-36-0 NU ug/L ~L MDL o to ooz7 Analysis Date: InstrdmenC Pile Name: Dilution f=actor: Analy57 Initials: Prep Extract Vol run q: i 10/312006 2:05:2APM Elan export100306.c I K LS 50.00 ml run k: I Page 21 of 42 Detailed Analytical Report Analytica Alaska inc. `torkorder (SDGP. A0609223 roj ecc Kenai Vocable Water Wells Chem- Hatten burg, Dilley S Linnell Qient Nruj uci ~~'um6c r : Kenai VOtabie Water Wells Report Sec[iorr: Client Sample Report Cliem Sample Name: Q6_104-i2 Matrix- Aqueous Collection Doie_ 9/7172006 10:4S:OOAM l~he lollowing lest Maus conducted by. Analytica - Thnmton fah Sample Number: A0609223-17 A Analysis Dote- 10/3/2006 2:14:42PM Po~ep Dme- 10/2/2006 insmnnem: Elan Analytical Method lD_ 200.8 -Morals by lCP/MS-Ar>enic [=ire Name. °Xpori100306.c Prep Method ID: 200.8 Dilution 1=acim-: i Pn.p Qaich Number: 7061002020 Report [3asls_ As Received Analyst Iniiiuls: KL Sample prep wt /vol: 50.00 ml Pren Extract Vol: 50.00 ml nnalVte CASNo Resuh Fixes Gnus ~ MDL run's: Arsenic 7440-3K-2 11.2 a@~L O13 0044 ~ Page 22 of 42 Detailed Analytical Report Ann~yuca Alaska Inc Utorkorder (SUG)~. A0609223 Project. Kenai Potable Water Wells Client. Hattenbu rg, Dilley & 1„innell Client Yrujcci Number. Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: 06-10~-73 Metrix- Aqueous Collection Date 9/21/2006 3:44:OOPM The Iollowing test was conducted by. Analy lien -Thornton Lab Sample Numbe._ A0609223-12A Prep Date: 1012/2006 Analytical Method ID: 200.8 -Metals by ICP/MS -Arsenic Preys Method ID_ 200.8 Prep batch Number 7061002020 Report Basis; As Received Sample prep wt /vol: 50.00 ml Analvte Ca\SNo Resub Arsenic 7440) S-2 R6.9 Anolysis Daie~. 10/3/2006 2.20:SIPM Instramenr. Elan File Name- esport10Q306.c Dilution Factor 1 Analyst In itlals: KL. Prep ExU-aet Vol: 5090 ml MDI, run tl: 0 IS 0 Ga4 z FIRQ$ Wits ug/L Page 23 of 42 Defalled AnBh'[iCN~ ROPOt"t Analytica Alaska inc '+orkordcr ISDG). A0609223 }oj ece Kenai Potable N'ater Wells Clice~[: [~~3attenburg, Dilley S Linnell Client Prujen ~A'umher : {ienai Potable Water Wells Report Section: Client Sample Reporf Client tiample !Fame: p(_j QQ-l~ Matrix: Aqueous Collection Date: 9/21/?006 12:II OOPM The Ibllo~inh test wa: conducieCl by: Analyiica - TPmrnion Lab Sample Number. A0609223-13A Analysis Doie_ 10/3/2006 2:25:53PM Prep Dme_ 10/2/2006 Insuvmcnc Elan Analytical Method lD_ 2QQ8 -Metals by ICP/MS-Arsenic File Nams e~pon100306.c Prep 4eihod ID: 200.8 Dilution Fnclur. 1 Prep HatcPi Number 7061002020 Report BasiS', As 12eceived Analyst Inilial5', KL Sample prep wtJvol: 50.00 ml {'rep Extract Vol: 50.00 ml Anai le G1SNo Result Flnes Units I1~ MDL run M: nrmnic 7440-38-~ dG3 ug/I. 015 0.04<l q Page 24 of 42 Detailed Analytical Report Analytica A~ukn Inc. v,%orkorder (SDG) A0609223 Project Kenai Potable Water Welts Client: Hattenbu rg, Dilley & Linneil Client Project Number: Kenai Potable Water Welts Report Section: Client Sample Report Cliem Sample Name O6_] p4-1 S Mav{~, Aqueous Collection Dote. 9/21/2006 12:4J:OOPM The following test was conducted by: Anal}aica -'Phonnmt Lab Ssmple Number: AQ609223-14A Analenls Dale: 10/4/20Q6 7:45:41PM Prap Dme. 10/2/2006 Insvumcnc Elan Annlyiical Method lD: 200.8-Metals by lCP/MS-Arsenic File Nome expOrt100406.c Prep h4ethod ID: 200.8 Dilation Factor I Prep Batd3 Number. 7061002020 Report Basis: As ReC:eived Anuly sl Initials: KL Sample prep wt/vol: SO.OU ml Prep Extract Vol: 50.00 ml Annlyte G4SNo Result Plaes Unita P L MUL Aeseni~ 7440-38-7 36.3 ug/L 0.15 O.U44 run N: Page 2S of 42 Detailed Analytical Report A^alyuca Alaska Inc. "orlorder (SDG}. A0609223 rojecc Kenai Potable Water Wells Client. Hatter bu rg, Dilley & Linnell Chem Project tiumhe r . Kenai Potable Wa[er Wells Report Sectio^: Client Sample Report Ciiem Sample Name: ~(~_]~a_76 Matrix; Aqueous Coiledion Date: 9/21/2006 2:54:OOP;N The following past w;~s condoned by. Analytieo -Thornron Lab Sample Number AOG09223-15A Analysis Dme- 10/3/2006 3:03:OGPM Prep Date: 10/2/2006 Instrmnene Ela^ Analytical Method lD_ 20QR - Mem is by lCP/MS-Arsenic Pita Nazne: exportl00306.c Prep Method ID~. 200$ Dilution Faaor I Prep Batch Number T06I002020 Report Basis. As Received Analyst Ini7ials: KL Sample prep wt /vol: 50.00 ml Prep Extract VoI: 50.00 mi Analv[e CASNo Resu11 ~laes Uiii~s P I, M7)L. run N: arsenic 7VA0-}g-2 23,6 udL 0 P5 0044 2 Page 2(i of 42 Detailed Analytical Report Workc~rdcr (SDG): A0609223 ProjecC Analytica Alaska Inc. Kenai Potable Water Wells C lrenc }lattenbu rg, Dilley ~ Linnell Client Pro~j ect A'umber : Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: O6_104-~ ~ Matrix: Aqueous Collection Dme~ 9/21/2006 2:11:OOPM The Iollowing test was conducted by: Analytica -Thornton Lab Sample Number. A0609223-16A Anniysis Date: 10/3(2006 3:05:33PM Prep Dan'- 10/2/2006 Instmmenc Elan Analv~ical Method ID: 200.8 - Meinis by ICP/MS -Arsenic file Name: export100306.c Prep Method ID' 200.8 Dilwimi Fsetor I Prep Bsich Number. 7061002020 Repon Basis: As Received Annlyst Initials Kt- Sampleprep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml Analytc Arsenic CASNo Result Plaas Units ~ MDL 7440-38-2 53.9 ug/~ O.IS 0.044 run N: 2 Page 27 of 42 Detailed Analytical Report aratyuca Alaska inc. ~;orkorder (SUG). A06092?3 -~o~ecr Kenai Potable Water Wells Client: Hauenburg, Dilley & Linnell Client Project Number : Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name 06-104-18 Matrix: Aqueous Collection Dale: 9/21/2006 1?35:OOPM The lollowing test ta'as conducted bY: Analvticu -Anchorage Lab Semple Number. A0609223-I7D Analysts Dale: 9/26/2006 1 I ~.2ri_75AM Prep Date: 9/26/2006 lnstrumene SCALE Analytical Method lU. SM2540C-'iotol Dissolved Solids deed at 180°C-TUS File Name. Prep Method ID- TDS Dilution Factor. 1 Prep Batch Number. A060930003 Report Basis. As Received Analyst Initials. .9 Sample prep wt./vol: 80.00 ml Prep Extract Vol: 1-00 ml AnafV le CASNO Result Rlags Units ~ MDL run N: Total Dissulveu Solids 787 ing/1_ 20 6.0 Tile lollowing test wvs conducted by: Anulytica -Anchorage Lab Sornple Number A0609223-I7D Analysis Datc 9/22/2006 10:4I:04AM Prep Date: 9/22/2006 lnstrumene Titrametric Analytical Method ID: SM ?3208 -"fota(Alkalinity File Name: 4rep Method ID: Alkalinity Dilution Fnctoc 1 top Bamh Number: A060926002 Report Basi;: As Received Analyst Initials: of Sample prep wtJvol: 50.00 ml Prep F,xtraci Vol: 50.00 mI An_alyte CASNo Result PIA£5 Unitx ~ MDL run d: AlknliniCy, Total 152 ing/L CoCO 4.0 0.77 , The following test was condacted by Analy[ica -Anchorage Lab Sample Number A0609223-I7D Analysis Date: 9/27/2006 A:43:DOAM Prep Date- 10/4/2006 lnstrumene. default Analytical Method ID: Calcium Carbonate Saturation - Lengelier Index File Name: Prep Method ID: Langelier Dilmion Factor: Prep Batch Number A067004010 Report Basis: As Received Analyst Initials: ~<p Sample prep wL/vol: 1.00 rnI Prep Extract Vot I.00 ml Analy to CASNO Result FIaES limits P~1, MDL run #: Langellet Index/Corrosrvi ty -0.094 LengU, is -IA -i.0 I The following test was conducted by Analyfica -Anchorage I_ab Sample Number A0609223-I7D Analysis Date: 9/22/2006 11:23:09AM Prep Date: 9/22/2006 Instrument: Probe Analytical Method 7D: 150.1 - pH, I3lecrometric - pH File Name: Prep Method iD: pH Dilution Factor 1 Peen Baton Number A060926008 Report Basis As Received AnalySl Initials al _.._. Sample prep wt./vol : 1.00 ml Prep Extract Vol: 7.00 ml Analy[e CASNo Result Fln¢s Uni¢ PQL MDL run d: -~pH 8.1 PN 0.0 0.0 I Page 28 of 42 Detailed Analytical Report Analytica Alaska ]nc. Urorkorder (SDGI: A0609223 Project Kenai Potable Water Wells Client: Hattenburg, Dilley ~ Linnell Client Projeei number . Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: 06_704_18 Matrix: Aqueous Collection Date: 9/2112006 12:35:OOPM 'Che Collowing ies was conduced by: Analytica - Pairbank5 Lab Sample Number A0609223-17C Analysis Date: 10/2/2006 626r00PM Prep Date: 10/2/2006 InsinrmenT. IC Analytical Method ID~. Inorganic Anions by Ii)n Chromntogrrphy -Anions t=ile Name. Prep Method ID'. 300.0 Diluion Factor I Prep Hatch Nwnbcr F061002024 Ripon Basis. As Received Analyse Initials: KAIi Sample prep wt./vol: 5.00 mI Prep Extract Vol: 5.00 ml Aoalvte CASNo Result 61aas Units P4L MDL run 11: Chloride p.5p mg/L 0 50 0.030 ~ Sulfate ND mg/L 07S 0010 The Iollnwing test was c onducted by: Analytica -Thornton Lab Sample Number: A0609223-17A Analysis Date: 10/3/2006 3:IS03PM Prep Date: 10/2/2006 lnstrumene Elan Aoalyticai Method ID. 200.8 -Metals by ICP/MS-Arsenic CileName: export100306.c Prep Method 1D: 200.8 Dilution Factor: 1 Prep Hatch Number 7061002020 Report Hasis: As Received Analyst )niuals: KL Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml Aoalvte CASNo Result Flags Units >'~ MDL run N: Arsenic 7440.38-2 4q.1 ug/L 0.15 0.044 3 The Sollowing test was conducted by: Analytica - Thornton Lab Sample Number: A0609223-17L Analysis Date, 9/27/2006 4:43:OOAM Prep Date 9/27/2006 instrument ICP_2 Analytical Method 7D: 200. 7 -Metals by ICP -Calcium File Name: E09276A Prep Method ID: 200.7 Dilution Factor 1 Prep Hatch Number: 7060927007 Report Basis As Received Analyst Initials: KB Sample prep wt/vol: 50.00 ml Prep Extract Vol: 50.00 ml Aoalvte CASNo Result Flags Units ~ MDL run N: Calcium 7440-70-2 It.4 mg/L 0.10 O.OI3 ~ The following test was conducted by: Analytica-Thornton Lab Sarnpte Number: A0609223-17B Analysis Date: 9/27/2006 4:38:OOAM Prep Date: 9!27/2006 Inswmene ICP 2 Analytical Method 1D: 200.9 -Metals by 7CP - Total Recoverable File Name: E09276A Prep Method ID: 200.7 Dilution Factor: 1 Prep Batch Number: '1'060927007 Report Basis: As Received Analyst Initials: KD Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml Aoalvte CASNo Result Flags Units ~U MDL run q: -- Page 29 of 0.2 Detailed Aoalyfical Report Anniyuca Alaska tnc. 'VO; korder ISDG): A0609223 rojecc lienai Potable Water Wells Client: 1-l attenburg, Dille_y Sz Linnell Client Nro,ject Number : Kenai Po[able Wa[er Wells Report Section: Client Sample Report Client Sample Namr. Q(_] p4-1$ Matrix Aqueous Collection Dme: 4/21/2006 12:3S:OOPM Lab Sample Number A000925-17B Analysis Date. 9/27/2006 4:,8:OOAM Prep Dme: 9/27/?006 Instrument ICP_2 Analytical Meihorl ID: 200. 7 -Metals b}' ICP -Total Recoverable Pile Name: E09276A Prep Method 1D: 200.7 Dilution Factor 1 Prep Hnteh ;v'umber 7060927001 Report k3nsis As Received Analys'i Initiass: KB Sample prep wt./vol: 50.00 ml Prep F.,xtract Vol: 50.00 ml Anelyte CA$NO Result Flaes Units I?QL MDL run g: Iron 7439-39-6 0.[b mg/L 0.050 00027 ~ Manganese 7439-96-5 0.14 mg/L O.OIO O.000h6 Sodium 7440-235 53 ing~L 30 0028 The following test wns conducted by: Analyiica-Thomtor: Lab Sample Number: A0 609 2 23-7 713 Analysis Date: 10/3/2006 3:50:28PM Prep Date: 10/2/2006 lnsvument: Elari '9nalytical Method JD: 200.8 -Metals by ICP/MS -Total/7R Pile Name: export100306.c ;Yep Method JD: ?00.8 ~ Dilution Factor: 7 Prepl3atchNumber: 7067002020 Report Basis: As Received Analyst Initials. KLS Sample prep wt.lvot: 50.00 ml Prep Extract Vol: 50.00 ml Aoalvte CASNO Result Flaes Units t'~ MDL run N: Antimony 7440-36-0 ND ug/L 0.70 0.027 ~ Page 30 of 42 Detailed Analytical Report Anaiydca rvlaska Inc. Workorder (SDG7'. A0609223 Projecr. Kenai Potable Water Wells Client: Hatfenbu rg, Dilley & L.innell Client Project Number. Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name (]6_I ~4-~.9 Maoris: Aqueous Collection Dmc: 9/21/2006 2:41:OOPM 'the following test wos conducted by: Analvtica- 9homlon Lab Sample Number A0609223-1 8A Analysis Date: Prep C)me: 10/2/2006 Instrument Analytical Method ID: ?60.8 - Metals by IC'P/MS -Arsenic Pile Nume: Prep Method 7D: 200.8 Dilution Paetor: Prep Hatch Number 7061002021 Repon Hasis: As Received Analyst Initials Sample prep wt./vol: 50.00 ml Prep Extract Vol Analvte CASNo Resuh ~laes Units P L MDL Arsenic 7440-38-2 0.818 uF/L 0.15 0.044 10/3/3006 4:07:38PM Elan expon100306.c 1 KLS 50.00 ml run p: I Page 3l of 42 Detailed Analytical Report 'p~orkorder (SDG): A06092?3 ~ojece Kenai Potable Water Wells Client: Hattenbu rg, Dilley S Linnell Client Project Number. Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: ~~_104_~~ Matrix; Aqueous Anaryuea Alaska Inc. ollection Date- 21/2006 230.OOPM "Che following test was conduced by: Flnalytica -Anchorage Lab Sample Num bar A0609223-190 Analysis Date: 9/2G/2006 11:29:ISAM Prep Date: 9/26/2006 Instrument SCALE Analytical Method lD: SM2S40C-Total Dissolved Sollds dried ai 180°C-TD S File Name: Prep Method 1Dc "I'DS Dilution Factor: I Pmp Baten Number: A060930003 Repon Ba5is': As Received Analyst Initials. aj Sample prep wtJvol: 80.00 ml Prep Extract Vol: 1.00 ml And G~SNo Result fla s Units ~ MDL run N: Total Dissolved Solids g~.3 mpfl_ ?0 6D ~ The Iollowing lest was c onducted by: Analy GCa -Anchorage Lab Sample Number A0609223-190 Analysis Date. 9/22/2006 10:41:04AM Prep Daie: 9/22/2006 Instrument Titrametric Analytical Methodl D: SM 2320B -Total Alkalinity File Name: Prep Method ID: Alkalinity Dilution Faeior 1 hepBatehNumbec A06092fi002 Repon basis: As Received Analyst Initials: aj Sample prep wt./vol: 5090 ml Prep Extract Vol: 50.00 ml AnalV to CASNo Resn11 19JC5 Units P L MDL ran N: Alkalinity, Total q2_p mglL CaCO 4D 0.77 ~ The following test was conducted by: Analytica -Anchorage _ Lab Sample Numberr A0609223-1 rill Analysis Date: 9/27/2006 5:04:OOAM Prep Date: 10/4/2006 Instrument: default Analytical Method ID: Calcium Carbonate Sa[itraliotr - Luugelier Index File Name: Prep Method 1D: Langelier Dilution Factor: Prep Batch Number: A061004010 Report Basis: As Received Analyst luiuats: kp Sample prep wt./vol: 7.00 ml PrepE,xtractVul: 1.00 ml Analyte CASNo Result flaps Units ILL MDL run N: Lant?,elier lndex/Cormsiviry _2_q 1.angUniis -ID -LO 7 The following test was conducted by: Analytica -Anchorage Lab Sample Number A0609223-195> Analysts Dete: 9/22/2006 7 1:23:09AM Prep Date: 9/22/2006 Instrument: Probe Analytical Method ]D: 150.1 - pH, Flecrometric - pH Pile Name: Prep Method tp: pH Dilution Factor 1 Prep Batch number A060926008 Repon Basis: A; Received Analys[ Initials: aj Sample prep wt.Ivol~. 1.00 mt Prep Extract Vol: 1.00 mI Aualyte CASNo Result FIgES tllllt$ ~ MD7., run H: ......;'pry 6.3 PH OD QO ~ Page 32 of 42 I,)etailed Analytical Report Workorder (SDG;: A0609223 Project: }ienai Potable Water Wells Client: tlattenburg, Dillev S Linnell Client Project Number. Kenai Potable Water Wells Report Section: Client Sample Report Client Sample N~amr. 06_~~4_Zp Matrix: Aqueous Anaty,iea Alaska Inc. olleetionDate: 21/3006 230:OOPM The following test was conducted bp: Analytica - Foirbonks Lab Sample Number: A0609?23-19C AnalysuDme~. 10/2_/2006 6t26:00PM Prep Dale: 10/2/2006 Instrument: IC Analytical Method ID: Inorganic Anions by Ion Chromatography -Anions Filc Name: Prep Method ID: 300.0 Dilution Fanor. I Prep Hatch Number. P061002024 Report Hasis: As Received Analys'i Initials: KAH Sample prep wt-/vol: 5.00 ml Prep Extract Vol: 5.00 ml Analvrr CASNo Result floes Onits ~4 MDL run #: Chloride 9A1 mg/L 0.50 0.030 I Sollaie L91 mg/I- 0.75 0 010 the lollowing test was wnducted by: Analytica-"(homton Lab Sample Number- A0609223-19A Analysis Date: 10/3/2006 4:10:O1PY1 Preo Dater 10/2/2006 Instrument: Elan Analytical Method iD: 200.8-Metals by lCP/MS-Arsenic File Name: export100306.c Prep Method ID: 200.8 Dilution Pactor 1 Prep Batch Number: 7061002021 Report Aasis: As Received Analyst 7nillals: KLS Sample prep wt./vol: 50.00 ml Prep Extract Vol: S0.0U ml Analy re CASNo Resun FIa>;5 !lairs P L MDL run N: Arsenic 7440-36-2 ND ug/L 0.75 0.044 I The following test was conducted by Analytica-9'hormon Lab Sample Number: A0609223-19E Analysis Date: 9/27/2006 5:04:OOAM Prep Dine: 9/27/2006 ]nstrument: 7CP_2 Analytical Method lD: 200.7-Metals by lCP-Calcium p7le Name: E09276A Prep Method 1D: 200.7 Dilution Factor: 1 Prep BatchNumbec 7060927007 Report Sesis: As Received Analyst Initials: KB Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml Anelyte CASNo Result flaES Units P L MDL run N: Calcium 7440-70-2 12.4 mg/L 0.10 0.013 ~ The following ten was conducted by: Analytica - Thornton Lab Sample Number A0609223-798 Analysis Date: 9/27/2006 4:48:OOAIYi Prep Date: 9/27!2006 Instrument: ICP_2 Analytical Method ID: 200. 7 -Metals by 1CP -Total Recoverable File Narne: L-09276A Prep Method ID. 200.7 Dilution Factor: 1 Prep Batch Number- 7060927007 Report Bests: As Received Analyst ]nitials: KB Sample prep wt./vol: 50.00 ml Prep Extract VoI: 50.00 ml Anelvte CASNO Re=alt floes Units PAL MDL run K: -- Page 33 of 42 Detailed Analytical Report ':Wcrkoreer (SDG): A0609235 Project: FFenai Potable Water Wells C~fenr Hattenbu rg, Dilley & Linnell Client Project Number. Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: 06-]04-20 Matrix. Aqueous Anzigiirt Alaska inc. olleciSon Daie. 21/2006 2:JO:OOPM Lab SmnpleNwnber A0609223-198 Analysis Dat<. 9/27/2006 4:48:OOAM Prep pare- 9/27/2006 lostrument_ ICP_2 Anaty~lcol Method lD: 200.7-Metals by lCP-total iiecoverable File Name_ E09276A Prep Method IP. 200.7 Dilution Factor. 1 Prep Batch Number 7060927001 Report Bases, A5 Received Analyst Initials KB Sample prep wt /vol: 50.00 ml Prep Extract Vol: 50.00 ml AnAIy IC CASNo Result FIa4s Units P~ MDL run #: Imn 7439-89-6 I-2 mgll. 0050 0.0027 ~ Manganese 7439-9(rS 0.029 in glL ODiO O.000G6 Sotliom 7440-21-5 6.7 mg/L 3.0 0928 The following less was conducted by: Anelytica -'Fhomton Lab Sample Number: A0609223-196 Analysis Date. 10/3/2006 4:1224PM Prep IJate~. 10/2/2006 instrmnenr. Elan Analytical Method ID_ 200.8 -Metals by ICP/MS-Total/TR File Name_ export100306-e :Prep Method 1D- 200.8 Dilution Faetor_ I Prep Batch Number: 7067002021 Report Basis: As Received Analyse Inhials: KLS Sample prep wt./vol: 50.00 mI Prep Extract VoE 5000 mI Analvte CASNo Reult Nlaes Units ~ MDL run N: Antimony 7440-36-0 ND u@JL OJO 0.027 i Paee 34 of 42 Detailed Analytical Report Anaty~ica Alaska Inc. Ubrkorder ISDGY. A0609223 Pro"ecr Kenai Potable Water Wells J Client: Hatten bu rg, Uilley & Linnell Client Project \umtrer: Kenai Potable Water WeIIs Report Section: Client Sample Report Client Sample Name: Q6-104-21 Matrix: Aqueous Collection Date: 9/?7/2006 2.07:OOPM The following test wus conducted by: Analy~icn -'Thormm~ Lab Sample Number: A0609223-20A Analysis bate: 10(3/2006 5:43:30PM Prep Uaie: 10/212006 Insvumeni: Elan Annlylicul Mzihod lD: 300.8-Mewls by lCPIMS-Arsenic Pile Nume: export100i06.G Prep Me[hod !D: 200.8 Dilmim~ I'~actor 1 Prep [3aicb Number 7061002027 Repoil Idasis: As Received Analyst Initials: KL Sample Prep wt /vol: 50.00 ml Prep Extract Vol: 50.00 ml Analv~e Aremc CASNO Result Flaw Units ~7- MDL 944C-JS-2 45.0 ueJl_ QIS OD44 run #: 2 Page 35 of 42 Detailed Analytical Report Analytica Alaska t~,c. ~'orkorGer f$DG): A0609223 rojecc Kenai Potable Water Wells Client: Hatienburg, Dilley 3 Linnell Client Project K~umher: Kenai Potable Water Wells QC BATCH ASSOCI p"PIONS - BP MG'1'HOD BLrVN1: Lab Project ID: 63,359 Lab Project Number: A0609223 Prep Dale: 9/22/2006 Lab Method Blank Id: A060926002-7MB Prrp Qatch I D: A060926002 Method: SM2320B-Total Alkalinity This Method blank and sample preparuion bench ate associated with the following samples. spik es. mitt duplieales .SmnoleN um ClicniSamnleNeme Data Pile AnalvsisDat e A0609223-02D 06-104-03 9/22/2006 10:4I:04AM A0609223-OSD 06-104-06 9/22/2006 10:41:04AM A0609223-08D 06-104--09 9/22%Z006 10:41:U4AM A0609223-IOU 06-704-II 9/22/2006 10:41:04AM A0609223-77D 06-104-i8 9/22/2006 I0;41:04AM A0609223-1 9D 06-104-20 9/22/2006 10:41:04AM A0609227-OID Batch QC: 9/22/2006 10:41:04AM A060926002-LCS LCS 9/22/2006 10:4}:04AM A0609227-OlD-DUP DUP 9/22/2006 10i41:04AM '. A0609227-OtD-MS MS 9/22/2006 10:41:04AM Prep Dete: 9/22/2006 Lab Method Alank ld: A060926009-MB Prep Satch ID: A060926009 Method: SM2540C -Total Dissolved Solids dried at 180°C - TDS "this Method blank and sample preparation batch are associated with Ibe following samples, spikes, a nd duplicates: - SamoleNum ClieotSemgleName Data File AnalvsisDat e A0609223-02D 06-104-03 9/22/2006 11:49:28AM A0609223-OSD 06-704-06 9/22/2006 11:4928AM A0609223-08D 06-104-09 9/22/2006 17:49:28AM A060926009-LC$ LCS 9/22/2006 17:49:28A;'N .A 0609223-OSD-DUP DUP 9/22/2006 I1:49:28AM A0609223-OSD-MS MS 9/22/2006 11:4928AM Page 36 of 42 Detailed Analytical Report Anal.-uca Alaska inc. Workorder (SDG7. A0609223 Project Kenai Aotable Water Wells Client Hauenbu rg, Dilley & Linnell Client Project Number: Kenai Potable Water Wells QC BATCH ASSOCIATIONS - BY ~9 E'CHOD BLANK Lab Project ID: 63,359 Lab Project Number: A0609223 Prep Date. 9/27/2006 Lab Method Blank Id: `f0609?7001-MB Prep Batch ID: '1'06092700! Method: 200. 7 -Metals by ICP - Total Recoverable Thfs' Method bla~rk and S ample prepnra[ion batch ale associmed with the loilowing samples, spikes . and duplicates: SamoleNum ClientSnmoleNamc Dahl'''IIe AnalvsisDate A0609162-O1A Batch QC E09276A 9/27/2006 3:18:OOAM A0609223-02g 06-104-03 E09276A 9/27/2006 3:48:OOAM A0609223-OSB 06-104-06 E09276A 9/27/2006 4:OB:OOAM A0609223-08B 06-104-09 E09276A 9/27/2006 4J8:UOAM A0609223-1OB 06-104-I1 E09276A 9/27/2006 4:28:OOAM A0609223-175 06-104-18 E09276A 9/27/2006 438:OOAM A0609223-198 06-)04-20 E0927GA 9/27/2006 4:48:OOAM A0609162-O1A 13atchQC E09276A .9/27/2006 3a8:00AM A0609223-02E OG-104-03 E09276A 9/27/2006 4:03:OOAM A0609223-OSE 06-704-06 E09276A 9/27/2006 4:13:OOAM A0609223-08E 06-704-09 E09276A 9/27/2006 4:23:OOAM A0609223-10E 06-104-11 E09276A 9/27!2006 4:33:OOAM A0609223-17E 06-104-18 E0927GA 9/27/2006 4:43:OOAM A0609223-19g Ob-104-20 E09276A 9/27/2006 5:04:OOAM 7060927001-LCS LCS F.,09276A 9/27/2006 3:08:OOAM 7060927001-LCS LCS E09276A 9/27/2006 3:08:OOAM 7060927001-LCSD LCSD E09276A 9/27!2006 3:13:OOAM 7060927001-LCSD LCSD E09276A 9/27/2006 3:13:OOAM A0609762-01A-DUP DUP G09276A 9/27/2006 3:23:OOAM A0609162-OlA-DUP DUP E09276A 9/27/2006 3:23:OOAM A0609162-OlA-MS MS E09276A 9/27/2006 3:28:OOAM A0609162-OlA-MS MS E09276A 9/27/2006 3:28:OOAM A0609162-OlA-MSD MSD E09276A 9/27/2006 3:33:OOAM A0609162-OIA-MSD MSD E09276A 9/27/2006 3:33:OOAM Page 37 of 42 Detailed Analytical Report Analyuca Aiaska Inc. ,s+orkorder ISDG): A0609223 ~oject: Kenai Potable Water Wells Chem, Hattenburg, Dilley $ Linnell Client Project Number. Kenai Potable Water Wells QC BATCH ASSOCIA9lONS - [31" METHOD BLAN1: Lah Project ID: 63,359 Lab Project Number. A0609223 Prep Dme. 9/28/2006 t_ab Method Blank IcL T0609280IS-MB Prep Batch ID, 706092801 S Method: 200.8 -Metals by ICP/MS -Arsenic Thu Method blon!: and sample preparatior, batch are associated with the Ibllowing samples. spikes. and duplicates. SampleNum ClieniSampleName DataFile Analysisl')oi e 7060928015-LCS LCS exnort092906.csv 9/29/2006 3:17:13PM 7060928015-LCSD LCSD expon092906.csv 9/29/2006 3:19:38PM F0609348-01 A Batch QC export092906a.csv 9/29/2006 5:17:42PM T060928015~-L,CSD LCSD export092906a.csv 9/29/2006 5:01:26PM F0609348-OIA-DUP DUP export092906a.csv )/29/2006 5:20:09PM F0609348-OlA-MS MS export092906a.csv 9/29/2006 5:22:37PM F0609348-OlA-MSD MSD export092906acsv 9/29/2006 525:04PM 70609280 1 5-LCS LCS export100206.csv 10/2/2006 72:52:13PN 706092 80 1 5-LCSD LCSD export100206.csv 10/2/2006 12:54:39PN `~. A0609223-OIA 06-104-02 export100206a.csv 70/?/2006 6:09:03 PM AD609223-02A 06-104-03 export700206a_csv 10/2/2006 6:17:30PM Prep Dnte. 9/26/2006 hab Method Blank Id: A060930003-MB Prep Batch 1D~. A060930003 Method SM2540C -Total Dissolved Solids dried at 180°C - TDS This Method blank and sample preparation batch arc associated with the Collowing samples; spikes. a nd duplicates: SamoleNum ClieniSampleN ame DataFile AnalvsisDate A0609223-1OD 06-104-17 9/26/2006 77:29:15AM A0609223-UD 06-104-18 9/26/2006 17:29:ISAM A0609223-79D 06-104-20 9/26/2006 11:29:15AM A0609266-OIG Batch QC 9/26/2006 11:29i15AM A060930003-L,CS LCS 9/26/2006 11:29:ISAM A0609266-OlG-DUP DUP 9/26/2006 77:29:15AM A0609266-OIG-MS MS 9/26/2006 11:29:1SAM Page 38 of A2 Detailed Analytical Report Analytica Alaska Inc. Workorder (SDGj; A0609273 Project Kenai Potable Water Wells Clien ~: Hattenburg, Dilleg & Linnell Cfieni Project Nnmbee Kenai Potable Water Wells QC BATCH ASSOCIATIONS - HP h1 E: t'NOD BLANI: Lab Project ID: 63,359 Lab Project Number: A0609223 Prep I>me: 10/2/2006 Lob Method 131ank Id: 7061002020-MB Prep 6amhlpc 7061002020 MethoU. 200.8 -Metals by ICP/MS - TotaUTR l"his Method blank :end sample preparmion bench are associated ~+~ith the f ollowing samples_ spikes. and duplicates': ion'mleNum Cl{entSnmoleN ame Un1a1=11e Ana1vs15Date A0609223-02B 06-104-03 export100306.csv 10/312006 1:08;53P,M A0609223-058 06-104-06 expon100306.csv 10/3/2006 1;39:39PM A0609223-088 06-104-09 export100306.csv 10/3/2006 L51:54PM A0609223-108 06-704-I1 export100306.csv 10/3/2006 2:05:24PM A0609223-178 06-104-18 export100306.csv 10/3/2006 3:SO;ZSPM AU609223-03A 06-704-04 export100306.csv 10/3/2006 5:30:26PM A0609223-04A 06-104-OS cxport100306.csv 10/3/2006 1:32:ISPM A0609223-OSA D6-104-06 expon10Q306.csv 10/3/2006 1:34:43PM A0609223-06A 06-704-07 expon700306.csv 10/3/2006 i:42:08PM A0609223-07A Ob-104-08 expor000306.csv 10/3/2006 5:32:49PM A0609223-08A 06-104-09 expon100306:csv ]0/3/2006 1:47:04PM A0609223-09A 06-104-10 expon100306_csv 10/3/2006 5:37:40P,M A0609223-10A 06-704-I1 expon700306.esv 10/3!2006 2:03:OOPM A0609223-11A 06-]04-12 expor000306.csv 70/3/2006 2:14:42PM A0609223-12A 06-104-13 exportl00306.csv 10!3/2006 2:20:SIPM A0609223-13A 06-104-14 expon100306.esv 10/3/2006 2:25:53PM A0609223-15A 06-104-16 expon100306.csv 10/3(2006 3:03:06PM A0609223-76A 06-104-17 expon700306.csv 10/3/2006 3:05:33PM A0609223-17A 06-704-18 export700306.csv 10/3/2006 3:15:03PM 7061002020-LCS LCS export100306.csv 10/3/2006 1:01:35PM 706)002020-LCS LCS export100306.csv 10/3/2006 I:01:35PM 7061002020-LCSD LCSD expon100306.csv 10/3/2006 1:04;OOPM 7061002020-LCSD LCSD expon100306.csv 10/312006 7:04:OOPM A0609223-02B-DUP DUP exponl00306.csv 10/3/2006 !:11:19PM A0609223-02B-DUP DUP expon100306.csv 1013/2006 1:11:19PM A0609223-02B-MS MS expon700306.esv 10/3/2006 1:73:45PM A0609223-OZl3-MS MS expon100306.csv 10/3/2006 1:13:ASPM A0609223-02B-MSD MSD export100306.csv 10/3/2006 1:16:12PM A0609223-02B,MSD MSD cxport100306.csv 70/3/2006 1:76:12PM A0609223-74A 06-]04-75 export100406.csv 10/4/2006 1:45:41PM Paee 39 of 42 Detailed Analytical Report Analyiica Alaska 1nc- 'A'nrkorder (SDG)- A0609223 rojecr. Kenai Potable Water WeIIs C.liem: Hattenburg, Dilley & Linnell Client Project Num bcr. Kenai Potable Water Wells QC BATCH ASSOCIATIONS - BY ~blgj~H OD BLANI: Lab Project ID: 63,359 Lab Project Number. A0609223 Prep Date: 70/2/2006 Lab Method 131unk Id. 706 1 00202 1-N1B Prep butch ID: 706 1 00 202 1 Method: 200.8 -Metals by 1CP/MS -Total/TR This Meinod bunk and sample preparation batch ore associated with the following samples. spikes'. and chiplicates: SampleNum CiieruSamoleName DamPile Analvsis'Dat e A060923-19B 06-104-20 expon100306.csv 10/3/2006 4:12 :24PM A0609227-OIA Batch QC expon700306.csv 10/3/2006 3:55 :24PM A0609223-18A 06-104-19 export100306.csv 10/3/2006 4:07 :38PM A0609223-19A 06-104-20 export100306.csv 10/3!2006 4:1O :O7PM A0609223-20A Ob-104-21 export100306.csv 10/3/2006 5:42: 30PM A0609227-O1A Batch QC export100306.csv 10!3/2006 3:55: 24PM 'P067002021-LCS LCS export700306.csv IOl3/2006 1:07: 35PM 7061002023-LCS .LCS - expon100306.csv 10/3/2006 1:07 35PM 7061 00202 7-LCSD LCSD export700306.csv 70/3/2006 1:04: OOPM '. 7061 00202 7-LCSD LCSD exponl00306.csv 10/3/2006 L04: OOPM A0609227-OlA-DUP .DUP export100306.csv IO/3/2006 3:57: 53PM A0609227-OlA-DUP DUP export700306.csv 10/3/2006 3:SZ 53PN, A0609227-OlA-MS MS export100306.csv 10/3/2006 4:00 22PM A0609227-OlA-MS MS export100306.csv 10/3/2006 4:00: 22PM A0609227-OiA-MSD MSD export100306.csv 10!3/2006 4:02: 48PM A0609227-Ol A-MSD MSD export100306.csv 10/3/2006 4:02: 4KPM Prep Date. ]0/212006 Lab Method Blank Id: F'061002024-MB Prep batch ID- F061002024 Method: Inorganic Anions by ton Chromatography -Anions This Method blank and sample preparation belch are associated with the following samples. spikes. and duplicu[es: Sam~l,eNum ClieniSnm~eName DatuPile AnulvsisDaie A0609223-02C 06-704-03 10/2/2006 A0609223-OSC 06-104-06 10/2/2006 A0609223-08C 06-104-U9 10/2/2006 A0609223-IOC 06-104-ll A0609223-17C 06-104-78 A0609223-19C 06-704-20 F061002024-LCS LCS 10/2/2006 10/2/2006 10/2/2006 10!2/2006 6:26:OOPM 6:26:OOPM 6:26:OOPM 6:26:OOPM 6:26:OOPM 6:26:OOPM 6:'26:OOPM Paee 40 of 42 Detailed Analytical Report knalydca afaska Inc. Wnrkorder (SDGp. A0609223 Pt ojece Kenai Potable Water Wells Clienr. Hattenbu rg, Dilley & Linnell Client Project f~'um beg: Kenai Potable Water WeII_c DATA FLAGS A~'D DEFIIs'ITIONS The PQL Is the Method Quantization Limit as defined by USACE. Reporting Llmic Limit below which results are Shown as °ND". This may he the PQL. MDL. or a value between. See the report conventions below. Resufi Field'. ND= NoI Detected m or above the ReportingLim it NA = Analyze not applicable (see Cnse Narrative for discussion) Qualiller Fields LOW = Reeovery Is below Lower Control Limit HIGH =Recovery ,RFD. or other parameter is above Upper Control Limit E = Reported concentration is above the instrument calibration upper range Orgeric Analysis Rags: (3 =Analyse ums dejected in the Iabornwry method blank J = Analyic was detected above MDL or Reporting Limit but below the Quam l..imit (PQL) Inorganic Analyst, Flagg - = Anatyte was detected above the Reporting Limit but below the Quam Limit (PQL,) W = Posi digestion spike did not mee[ eri[eria S =Reported value determined by the Method of Standud Additions (MSA) Other Flags may be hpplied. See Case Narrative for Description Page 41 of 42 Detailed Analytical Report U~orkorder (SDG)- A0609223 Nroject: Kenai Potable Water Wells Client H t b ~ D~II ~ &' L' ll at en mg, r ey mne Cliem Project Number: Kenai Potable Water Wells .4 nalytica Alaska Inc. REPORTING CONVFN"PIONS FOR THIS REPORT A0609223 TestPkeName Basis # Sie Figs Reporting Lirnit 150.1/150.1 (Aqueous)-pH As Received 2 Report to PQL 200.7/200.7 (Aqueous) -Calcium As Received 3 Report to PQL 200.7/200.7 (Aqueous)-Total Recoverable As Received 2 Report to PQL 300.8/200.8 (Aqueous) -Arsenic As Received 3 Report to PQL 200.8/200.8 (Aqueous}-Total/7°R As Received 3 Report to PQL 23206/232013 (Aqueous)-Total Alkalinity As Received 3 Report to PQL 2330B (Aqueous) - i_angelier Index As Received 2 Report to PQL 2540G2540C (Aqueous) - TDS As Received 3 Report to PQL 300.0/300.0 (Aqueous) - Flnions As Received 3 Report to PQL Page 42 of 42 m. o 0 I N R in 0 Z T D y_ C U ~~m ~V~ E `~ - LL -a a m ~ - II •~ 3r L U ~<~- T " m Q ome' q~o~ f u Y J a Z Q aswisw ~? l i ~ i ' .~ pa~al!!d Pla!d ~ N; YI m~ ~u ~ ¢ ~ ; - - Pa,vasa~d Pla!d '' N z?3~ ~~ } L ~ m ~! z y Y'- t VI N 9 L 0 `C ~ ss ~ ! U ~i ~{y gv~] ?, Q T i O J C O . ,m„ w z a M ~. ~ ~ ~ ~ ~~ r ,~,~~u„7 x ~ z _ x ~ x ~ ~ _ ~` ~~ - a xi' ~: ~ m ` ~ _ 7`V bGJOU j ~ y ~ ~ i v x x X ~ r ~ ~ c ~ ` ~~~ Lm ~t ~ ~ ~ - :n ~ _ ar o E x x x x 3 D _¢ Y=~ ,~~~< ~~ m E v E ~, E C 3 , ~:. r..' H i- V- 9 ~~ u>.r r X x x x x x x x x x o V • m iouleluop ~a'oH - ~- ~ _ N Q 0 N O N ?t ~ w Pa410'NJA-MQ-S) ~ p ~ p p o ~ N .~,iew 3 - V ~, - - I ~ a a ~ -" ~ r~ rf l n L~ ~- 0 m n n M rr E :: al ~V `o a rA N ~ N _ ~' Ln m G 0 L U) - v r - A - ~ ~n .~r> in S L~ N - - - ~ y `~ Z v =YJ v °i G D o n a ~''T' ... n m m m a a o ~ m ~ - - v ~ v ~ i a ~ ~ ~ C 6 ~ E ~ E ccc((( ~ E o ~ Q ` ~ v ~ V ` ~ - [ O `o ~ q O ~ S C m y ,L ~ V / V J O V ~ U ~ ~ _' > 1~ fJ N v y ~ ~~~ N N S m v O ^" ~" ~ O _ O T Q ~ ~~~ ~ a ~ N E ~ E .~ ~ o U ~ a T T J ~ ~ I \ o ~' ~ 9 T c ~ `, U T T 7 ~ 7' CU O G ~ m ~ ~ o ~ ~ ~ - 0 0 0 0 ~ - ' a ~ a E ~ S _ m J n ~ ~ _- o a ~ 3 ~ ~- S `9 ° t ~ N li ~ O I Z ~ C 9 Q .9 Q .l r ~ ~ O .> r `n N ~~ o Y Z ~1 ft~ ~ ~ a O O O O Q Q N O Q= M C Z N V ~ _ ~ C 2 W ~ N E ~. Y CL ~ Z U K 2 LL w N ~' _ ~ ._ I ' N l " ~,7 ~ o Z a a m U 0 A U a C LL _ ~. O x - a 0 G u U 3<~ lO Q ~ m aYt~o ~6¢ L aSWISW i ~ i I N I Pa,all!d Plaid m: U ni - Patiasa,d Plaid ~y ~ T f~ V +~"~: m. C j1 - #„~07 6 V a Q ~ m ~, ~ m~i n m 43: ~ £ a m a a ~ N ~:F w~Jd.,~.: #la1 ' E o fn : v v ( ~l r ___" m ~.. ~ o-. a - o ~ o a H'. E ' ' z m ~'~~ u - ~7 o o 'v ~ ~/~u ~r7 / (i _ ;, V ~ x x ~ s 1 ~ O d ,.,4..y ~`Hb~~sTY~ '7 UV~'p1.11 r I ~ ~ Ci p I ~ h W 3 f z k"~ 4 s~%d ~~~;. ~ - _ z - i~d.=i.~ x x '~ ~ 'v s i, e .1~.; ' E ~ E E x - r ~~-,~ i1~ i= O i- i- 3 ~l r V' ~ ~_ ?< x x x x x x x x x __ m 'o - 1 9 0 ry , uteluop p ~ d w ~,a410'MM"MfI51 ~ ~ N ~ ~ ~ N O I ' y ~ o ~ I . ~ slew 3 = ~ - " y N ' S ` - J N _ ,.n P J U a ~°' ~ a ~ E U ~ ~ N rJ S T N S ~_ 7 N 7` N .. N ~ O U v y _ ?; y E q '° N o m ~ n ~ n n Z m a m v ~ a a ~o a o- ¢ ~n Q- ~ ~ r~ i ~ 1 ~ E ~ rQ E ~ ~ E ~ ~ _ ~ J _ ` __ - ~~ ~ ~' ~1 s _ ! o . ~ I U ~ - -' ~ ~ --' ~, ~ ~ ti ~, ~ r o o ~ o ~ ,~ r o v r` ~ 2 " ~'~ ~ ~ n s ~ w m ~ I I ~ d w ;~.1- N N ~ ~ ~ m I N ~' °~' y J ° m ~ ~ lP ~ ~ ~ GA I N o. _ ~ ~ ~ _ 0 ~ 1 _ ~ ~. . ~' ~ ~ , ~ ~ ° ~' m L(~ ~ v 7 m E E$ M ., ~ ._ _ ~ v ~ , N N 6 M S p c~ M G O r Z ~, = C ~ N m -9 _ < ~ .5 5 3 I J i 9 5 ~ S S _ ~ _ ~ = O v v c° I X I m E ~ ~ ~ ~ Q 17 , fl l7 J ~ J ~ 'J m ~ v ~ m m Z U K a iLL w ~n Y AIdALYTICA Cooler Receipt Form Client: Haflenburg, Dilley & Linnell Project Kenai Potable Water Wells Cooler ID: 1 A. Preliminary Examination Phase: Client Code: 70 i 509 Date cooler opened: Cooler opened by: 1. Was airbill Attached? NIA 2. Custody Seals? NIA 3. Seals intact? N1A 4. COC Attached? Yes 5. Project Identification from custody paper: 6. Preservative: Airbill #: How many? 0 Order #: A0609223 i 9/2212006 jC Signat e: Carrier Nama: ~ Client location: Seal Name: Properly Completed? Yes Signed by AEL employee? Yes Kenai Potable Water Wells Temperature: 5.5 Designated person initial here to acknowledge receipt: ~- Date: _ COMMENTS: B. Log-In Phase: Samples Log-in Date: 9/22/2006 Log-in By: jc 1. Packing Type: 2. Were samples in separate bags? Y2S 3. Were containers intact? Yes 4. Number of bottles received' 20 5. Correct containers used? Yes 6. Sufficient sample volume? N/A 7. Bubbles in VOA samples? N/A 8. Was Project manager called and status discussed? 9. Was anyone called? No Who was called? COMMENTS: Labels agree with COC? Yes Number of samples received: 20 Correct preservatives added? N/A No By whom? Date: Page 1 of Anaiytica Iniematrona!, loc. 4307 Arctic Blvd. Anchorage, AK. 99503 Phone907-258-21.55 Fax.907-258-6634 ANALYTICA Environmental Laboratories 10/6/2006 Hattenbure, Dilley & Linnell 3335 Arctic B1vd.,Ste.100 Anchorage, AK 99517 Attn: Lorie Dilley Work Order d: A06092?9 Dnte: 10/6/2006 Work ID: Kenai Potable Water Wells Date Received: 9/22/2606 Proj -. Kenai Potable Water Wells Sample Identification Lab Sample Number Client Description Lab Sample Number Client Description A0609227-01 06-104-22 A0609227-02 06-]04-23 A0609227-03 06-104-24 A0609227-04 06-104-25 A0609227-OS 06-104-26 A0609227-06 06-104-27 A0609227-07 06-104-28 Enclosed are the analytical results for the submitted sam ple(s). Please review the CASE NARRATIVE for a discussion of any data and/or quality control issues. listings of data qualifiers, analytical codes, key dates, and QC relationships are provided at the end of the report. Sincerely, ~~ Krissy Plett Project Manager "The Science of Analysis, The Art o/Service" Detailed Analytical Report Anaryuca Alaska Inc. workorder ISDG)- A0609227 Projec r. Kenai Potable Water Wells Client: Hattenburg, Dilley & l,innell Client Project Number : Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: 06_j Qa_Z2 M a[rix Aqueous Collection Date: 9/27/2006 2:45:OOPM The following test was conducted by Analytica - Mchornge Lab Somple Number: A0609227-01 D Analysis Date: 4/26/2006 I L29:15AM Prep Date: 9/26/3006 Instnunent SCALE Analytical Method ID: SM2540C -'ioml Dissolved Solids dried at 180°C - 1'DS File Name: Prep Method ID: TDS Diluion Factor: 1 Prep Batch Number A060930003 Repon Basis. As Received Analyst Initials: aj Sample prep wt.lvol: 80.00 m1 Prep Extract Vol: 1.00 ml Analyle CASNo Result F12P5 Units P(L MDL run N: Total lJiswlved Solids 66.3 mg/L 20 6G ~ The Following test was conducted by: Analytica -Anchorage Lab Sample Number: A0609227-O1D Analysis Date: 9/22/2006 10:41:04AM Prep Date: 9/22/2006 Instrument: Titrameiric ,Analytical Method 111 SM 2320H-Total Alkalinity File Nume_ - PrepMethod 1D: Alkalinity Diluion Factor: 1 Prep Batch Number. A060926002 Report Basis: As Received Analyst Initials: ~j Sample prep wt./voh 50.00 ml Prep Extract VoI: 50.00 ml Aoelyte CASNo Result Flaes Units ~L MDL run #: Alkalinity. Total yp,p mg/L CaCO 40 099 ~ The following test was wnducted by: Analytica -Anchorage Lab Sample Number: A0609227-O1 D Analysis Date: 9/29/2006 8:48:OOAM Prep Date: 10/4/2006 Instrumene default Analytical Method 1D: Calcium Carbonate Saturation - Langelier Index File Name: Prep Method 1D: Langel ier Dilution Factor: Prep Bareh Number: A061004010 Report Basis: As Received ;lnalyst htitials. kp Sample prep wt./vol: 1.00 ml Prep Extract Vol: 1.00 ml Analvte CASNo Revell FIaES Units V L MDL ran '8: Langeher Index/Corrosiviry -y,g Lang Units -I 0 -'r 0 "Fhe following test was conducted by: Analytica -Anchorage Lab Sample Number: A0609227-O1D Analysis Date: 9/22/2006 71:23:09AM Prep Date: 9 /2 212 0 0 6 instrument: Probe Analytical Method ID. 7 56.7 - pH. Elecrometric - pli File dame: Prep Method ID: pH Dilution Factor 7 Prep Hatch Number A060926008 Report Hasis: As Received Analyst Initials: aj Sample prep wtJvol: 1.00 ml Prep Extract Vol: 7.00 ml An®IVte CASNo Result Flaw Units ~L MDL run k: pH 6.2 Phi 0.0 0 0 I Page of 2? Detailed Analyfieai ,Report Analytica Alaska Inc. 'd'orkorder 1SDG). A0609227 1~ojeet: Kenai Potable Water Wells Client: Nattenbu rg, Dilley K Linnell Client Proj cct Nnm be r . Kenai Potable Water Wells Report Section: Client Sample Report Client Sample Name: Q(~_] n4-22 M a~ri x- Aqueous C UIlecl ion Du!e: 9/21/2006 2:45:OOPM The loliowing ies~ wns conducted bv: Analytica -Fairbanks Lab Sample Nurn her A060922~-O7C Analysis Daie- 10/2/2006 626:OOPM Preo Daie_ 1012/2006 Insirumenc IC M<ilyt(cnl Method IU. Inorganic Anions by Ion Chrmnomgraphy - Animis rile Nnore_ Prep MethodlD- 300.0 Dilution Paetoc I Prep Batch number E06100202A 12epor7 Basis'. As Received Analysi Initials. KAH Sample prep wt./vol: 5.00 ml Prep Extract VoL 5.00 ml An~L CASNa Result F19C5 Llnits P L MDL nm ,tl: Chlmidc 3.33 mgiL U SC O.OJU Pul(flic 7,23 me/L 075 00?0 Tht; lollowing iesi wkts conducted by. Analytica -"fhomton Lab Sample Numbers A0609227-OIA Analysis Dale: 10/3/2006 3:5524PM Prep Dale: 10/2/2006 InstmmcnL- Elan '1naly~ical Method lD: 200$-Metals by lCP~S-Arsenic File Name: export100306.c ,'-ep Method ID: 200.8 Dilution rector I 'Prep Batch Number: 7061002021 12epon Basis: As Received Analyse Initials KLS Sample prep wtivol: 50.00 ml Prep Extract Vol: 50.00 ml Analyse CASNo Result FIaES Units P L MDL run #: Arsenic 744038-2 0.784 ug/L O.1S 0.044 ~ The Collowing test was conducted by: Analytica -Thornton Lab Sample Number: A0609227-01 E Analysis Date: 9/29/2006 8:48:UOAM Prep Date: 9/29/2006 instrument: ICP_2 Anelyiical Method lD. 200.7-Metals by iCP-Calcium Fle Name: E09246A Prep Method ID: 200.7 Dilution Fector I Prep Batch Numbec 7060929022 Report Basis- As Received Analyst lniiials: cc Sample prep wt./vol: 50.00 mi Prep L-xtraet Vol: 50.00 ml Analy ie CA$NO Result Flaes Units PFD MDL run k: Caluum 7A40-7rJ-2 102 mg/L 0.10 0.013 i The following test wxs conducted by: Analytica -Thornton Lab Sample Number A0609227-07 S Analysis Datc: 9/29/2006 823:OOAM Prep Daie: 9/29/2006 lnstrumem: iCP_ 2 Analytical Method iD. 200. 7 -Metals by 1CP-Total Recoverable rile Narne: E09296A Prep Method ID: 200.7 Dilution Factor: 1 Prep Batch Number: 7060929022 - Repon Sass: As Received Analyst ]nitials: cc ample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml -' Analyze CASNo Resuh Ila s Units PAL MDl, run d: Page ~ of 23 Detailed Analytical Report rlnalytica .Alaska Inc. ~~~>r~~,rder IsDCr Aobog2z7 Projece Kenai Potable Water Wells C'liene Hattenbu rg, Dilley & l.innell Client Project Number: Kenai Potable Water Wells Report Section: Client Sample Report flienf Samplc Namc: 06_704{_22 Matrix: Aqueous Collection Date: 9/21/2006 2:45:UOPM Lab Sample Number A0609227-OIB Prep Dme: 9/29/2006 Analytical Method ID: 200.7 - Mcmis by ICP -'l~oml Recoverable Prep Method ID~. 200.7 Prop Batch Nwnber: 7060929022 Report Basis: As Received Sample prep wt./vol: 50.00 ml AnalYte CASNn Nesoh P~IaCS Uniis Iron 7479-R9-G 0.068 my/L Manganese 7439-9h-5 0.025 m¢JL Sodium 7440-235 G-J mg/L The following test was conducted by Analytica - l-homion Lab Sample Number A0609227-01 B Prep Ddte_ 10/212006 _ Analytical Method 1D: 200.8 -Metals by ICP/MS - "(otaVTR Prep Method ID: 200.8 Prep Batch Number: 7061002021 Report Basis: As Received Sample prep wt./vol: 50-00 ml Analy le CASNo Rc=till FI1P5 UoiVti Antimony 7440-360 ND ug/L Analysis Dale. 9/29/2006 R:23:OOAM Insntimem: ICP 2 Flee Name: E09296A Dilution Factor: 7 Analyst Initials: cc Prep Lxtracl Vol: 50.00 ml P(~L MDL run W: 0.050 0.0027 U.0 i 0 -0.00066 3 0 0.028 Analysis Daie: 10/3/2006 4:35:44PM InswmenC. 61an Pile Name: export100306.e Dilution Factor 1 Analyse Initials: KLS Prep Extract Vol: 50.00 ml Q MI)L run d: 0.10 0.027 I Page 5 of 23 Detailed Anah~fieal Report Anaiyuca n~aska mc. "Norkorder fSDG). A0609227 rroject: Kenai Potable Water Wells Client: Hattenbu rg, DilleV ~ Linnell Client Project Number. Kenai Po[able Water We115 Report Section: Client Sample Report Ciient Sample Name: Q6-104-23 Matrix Aqueous Collection Date. 9/21/2006 122S:OOPM The following test was conducted by: Anulydca -Thomson Lu6 Sample Number. A0609227-02A Analysis Date: 10/3/2006 5:56:OSPM Prep Dme: 10/2/2006 Ins~rument_ Elan Anoiyticel Method ID- 200.8 -Metals by ICP/MS - ~rsenlc Pile Nume~. export100306.c Prep Method ID: ?00.8 Dilution Pector'. 1 Prep Botch Number 7061002021 Report Basis: As Received Analyse Initials: KL Sample prep wtJvoli 50.00 ml Prep Extract Vol; 50.00 inl AnaiV [e Arsenic CASNo Result daps Unia ~L MDL 7400-932 7a9 ug~1- O.U 2044 run q: 2 Page 6 of 23 Detailed Analytical Report Ana{vtica Alaska tnc Workorder (SDG): A0609227 /~ Projeec Kenai Potable Water Wells Client Hatteoburg, Dilley & Linnell Client Project Number : Kenai Potable Water Wells Report Section: Client Sample Report Cliem Sample Name: Q(j_j ~a-24 Matrix: Aqueous Collection pate. 4/21/2006 3:38:OOPM The following Zest was conduced by: Analytica - Anctorage Lgb Sample Number. A0609227-03D Analysis Date. 9/26/2006 1 ;:29:15AM Prep Dma. 9/26/2006 Inslmmenc SCALE Analytical Method ID: SM2540C -Total Dissolved Solids dried a~ 180°C - TDS File Name: Prep Method ID: TDS Diluuon }actor I Prep Batch Number_ A060930003 Report (3asis~. As Received Annlyst Jnii tats: aj Sample prep wt./vol: 80.00 ntl Prep Extract Vol: I.UO mI And CASNo 12esuU FtIDES tlniis ~ MDL rnn#: Taal Dissolved Solids Iyp mg/L 20 6.0 I The lollowing IeSI was conducted by: Analytica-Anchorage Lab Sample Number. A0609227-03D Analysis Uate: 9/22/2006 10:41:04AM Prep Date: 9/22/2006 Instrument Titrametric Analytical Method 1D: SM2"s20t3- Total Alkalinity File Name: Prep Method ID: Alkalinity Diluion Factor: 1 Prep Batch Number A060926002 Report Basis: As Received Analyst )nitialse aj Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml Analvte CASNo Result Flags knits ~ MDL run #: Alkahniry, Total ipp mg/L CaCO 4.0 0.77 ~ The following test was conducted by: Analytica -Anchorage. Lab Sample Number: A0604227-03D Analysis Date: 9/29/2006 8:58:OOAM Prep Date. 10!412006 lnstrument. default Analytical Method lD: Calcium Carbonate Saturation-Langelier Index File Name: Prep Method ID: l..angelier Diluuon Factor Prep Batch Number: A06100407 0 I2epon E3asis: As Received Analyst lnitialsr kp Sample prep wt.lvol: 1.00 m) Prep Extract Vol: 1.00 ml .4nalvte CASNo Result Flags Units ~ MUL run#: Langelier Index/Corrosiv ity .g,g LangUnits -1.0 -L0 I 'Fhe following rest was condueted by: Analytica -Anchorage Lab Sample Number: A0609227-03D Analysis Daie. 9/22/2006 11:23:09AM Prep Date: 9/22/2006 lnstrument: Probe Anolvtical Method ID: ~ 150.1 - pH, I;lecrometric - pH File Name: Method lD: Prep pH Dilution Factor: 1 Prep Batch Number A060926008 Repon Basis: As Received Analyst Initials aj Sample prep wtJvol: 1.00 ml Prep Extract Vob L00 ml Anal CASNo Result Flags Units ~ MBL run #: pH 7.2 pH 0.0 0.0 I Paee 7 of 23 Detailed Analytical Report Analytica,4laskalnc. Vorkorder (SDG). A0609237 rojecC Kenai Potable Water Wells Client: Ilanenbu rg, Dilley & Linnell Client Project Number: Kenai Potable ~~'ater Wells Report Section: Client Sample Report Client Sample Name 06_104_24 Matri.c: Aqueous Collection Date: 9/21/2006 3:33:OOPM The (ollowing last was conducted bc: Anah~tica -Fairbanks Lab Sample Number: A0609227-03C Analysis Dale. 10/2/200G 6?b:00PM Prep Date: 10/2/2006 Instrument IC Analytical Method ID: Inorganic Anions by Ion Chromntography -Anions File Name. Prep Method ID: 300.0 Dilution Faemr. 7 Prep Batch Number: F061002024 Report Basis: As Received Analyse lnilinls: KAFI Sample prep wt./vol: 5.00 ml Prep Extract Voi: 5.00 inl Analyze CASNo Result FIaES Units P(Z MDL run d: Chloride 2.iN mg/L OSC 0.630 Sul (ale 137 mg/L 0.79 OUIG The )ollowing test was conducted by Analytica -'Thornton Lab Sample Number: A0609227-03A Analysig Dote.. 10/3/2006 4:43:OSPM Prep Uate: IO/2/2006 Instrument: Gian Analytical Method iD- 200.8-Metals by lCP/MS-Arsenic FileName: export100306.C .'rep Method ID: 200.8 Dilution Factor: 1 Prep Hatch Number TOb 1002021 Report Basis: As Received Analyst lniiials KLS Sample prep wt /vol: 50.00 ml Prep Extract Vol: 50.00 ml Analy [e CASNo Resun Flags Units P(~L MDL run k: Arsenic 7440-38-2 3.ft9 ug/l. 0.15 J.044 1 The following test was conducted by Analytica -Thornton Lab Sample Numbce A0609227-03E Analysis Date: 9/29/2006 8:58:OOAM Prep Date: 9/29/2006 Inswmeoc 1CP_2 Analytical Method iD: 200. 7 -Metals by ICP -Calcium Flle Name: E09296A Prep Method iD: 200.7 Dilution Factor i Prep Batch Number 9'060929022 Report Basis. As Received Analyst Initials. cc Sample prep wtlvol: SU.00 ml Prep Extract Vol: 50.00 ml An~Nte CASNo Result Flags Units P L MDL run N: Calcism 7440-70-2 ND mg/T 0.10 ODI3 I The following test was conducted by: Analytica - Thomon Lab Sample Number: A0609227-03B Analysis Date: 9/29/2006 8:53-00AM Prep Date: 9 /2 912 0 0 6 Instrument. 1CP_2 Analytical Method 7D: 200.7-Metals by lCP-Total Recoverable FileName: E09296A Prep Method ID: 200.7 Dilution Factor: 1 Prep Batch Number: ~F060929022 Report Basis As Received Analyst initials: ec aample prep wt./vol: ~ 50.00 ml Prep Exvact Vol: 50.00 ml Analvte CASNo Result Flags Units ~L MDL run k: Page 8 of 23 Detailed Analytical Report Anawtica Alaska Inc. Workorder ;SDGk A0609227 Project. Kenai Potable water Wells Client: Hattenbu rg, Dilley & Linnell Client Pro}ect Number . Kenai Potable Water Wells Report Section: Client Sample Report Client Sample fA'ame: Qb-104-24 M a,rie. Aqueous Collection Date, 9/21/2006 3:38:OOPM Lab Sample Number A0609227-03B Analysis Date: 9/29/2006 8:53:OOAM Prep Date: 9/29/2006 lostnnnene ICP_3 Analytical Method lD: 200.7-Metals by lCP-Tmal Recoverable File Name: E09296A Prep Method 1D~. 200.7 Dilution Factor: 1 Prep Batch Number 7060929022 Repon Basis'. As Received Analyst Initials: cc Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 ml Analyte OASNo Result flaw U~i(s P L MDL run N: Iron 7439-89-G ND mg/i- 0.050 0.0027 I Manganese 7439-96-5 ND mg/L 0.010 0.00066 Sodium 744023-5 50 mg/1- 3.0 0.028 The following test was conducted by_ Analytica - Thormon Lab Sample Number A000922'7-03B Prep Date: 10/2/2006 Analytical Method ID, 200.8 -Metals by 7C'P7MS -'Total/TR Prep Method 1D: 200.8 Prep Batch Nnm her: 7061002021. Report Basis: As Received Sample prep wt./vol: 50.00 ml Analvte CASNo Result Flees Llnits Antimony 7440-36-0 ND ugll_ Analysis Date: .10/3/2006 4:57:56PM Instrument: Elan File Nume: export700306.c Dilution Factor: I Analyst Initials: KLS Yrep Extract Vol: 50.00 ml MDL run #: 0.10 0027 1 Page 9 of 23 Detailed A~alvtical Report Anaiyuca AIasl:a inc- Vorkorder iSDG): A0609227 ,'rojece IZeoai Potable Water Wells Client- Hattenbu rg, Dillev ~~ Linnell Client Project Number: Kenai Potable Water Wells Report Section: Client Sample Report Client Sam pie Names Q(r_704-25 Matrix: Aqueous Collection Dale: 9/21!2006 225:OOPM The Iollowing test wn> conducted by: Analyuea -~l homion L.ab Sample Number. A6609229-04A Prep Date: 10/2/2006 Ana!ytieal Method ID: 200.8 -Metals Sy ICP/MS-Arsenic Prep Meihoti ID. 200.8 Pcep Batch Number: 7061002021 Report Basis- As ReceSved Sample prep wt./vol: 50.00 ml pub CASNo Re=alt A rsemc 7440)&2 78.4 Analysis Dare: 10/3/2006 5:5834PM Insvumem'. Elgin File Name: expori100306.c Uilm ion I'acta~: I Analyse Initials: KL Prep Extrael Vol. 50.00 ml Pla s y_ts Q i~iDL run k: u@/L O i 5 U 044 2 Page 10 of 23 Detailed Analytical Report Analvtica Alaska inc. Workorder (SDG)~. A0609227 Project: Kenai Potable Water Wells Client: Hattenburg, Dilley St Linnell Client Projec[ Number: Kenai Potable Water Wells Report Section: Client Sample Report Client Sample name: ~(i_IOa-26 Mmri~: Aqueous Collection Daie )/21/2006 2:U:OOPM She fol lowing lest wNS conducted by: Analytico - ThOmton Leo Sample Number: A0609227-OSA Prep Dula: 10/2/2006 Anol_vticul Method ID: 20QR -Metals b}' 1CPIMS -Arsenic Prep Method ID: 200.8 Prep Batch Number: T06100202I Report Ba.~is: As Received Sample prep wtlvol: 50.00 ml Anawte CASI~'o Result FIaCS U~ii1s P Lai1DL Arsenic 744Q38-2 I3.0 ug/L 0.15 O.OV4 Analysis Daie: 10/3/?006 6:03:?8PM Instruntenc Elan 1=ile Name: expurt100J06.c Dilution Pacu~n I Analyst Iniiinls: I<L Prep Extract VoI: 50.00 ml run k: 2 Page 7 7 of 23 Detailed Analytical Report Analytica Aiaska ]nc. '!orkorder (Si~G): ia0609227 rojece Kenai Potable \4~ater Wells Client: Hatten bu rg, Dille}' & Linnell Client Project A'umber : Kenai Potable Water' WeI1S Report Section: Client Sample Report Client Sample Name: O6_104-27 Harris: Aqueous CollecnonUoie. 9/21/2006 Il:A8:00AM The following test was oondumed hv: Analyiica - Flnchorage t,ab Sample Number A0609227-06D Analysis Date. .9/26/2006 1 129:1 SAM Prep Dnte: 9/26/2006 h~stmment: SCALE Anah_aieal Method ID. SM2540C- ~fotal Dissolved Solids ci reed at 180°C -"hDS File Name Prcp Hethod ID. TDS Dilul ion Factor I Prcp 6olch Numher: A060930003 Report Basis- A5 Received Analyse Initials. aj Sample prep wt./vol: &0.00 ml Prep Extract Vol: 1.00 ml Anatvte CASNo ResWi Flees Units ~ MDL rnn ti: Total Dissoivetl Solids q78 mg/I_ 2U 50 I The lollowmg fast was eondueicd by. Anelytlca - Anchorage Lab Sample Number: A0609227-06D Analysis Dn~e: 9/22/2006 10:41:O0.AM Prep Date: 9/22/2006 ~ Insirumene Titrametric Analytical Method ID~. SM 23205 -"total Alkalinity File Name. '°rep Method ID: Alkaini[y Dilution Pacmr. 7 %rep Batch Number: A060926002 Report Dasis. As Received Analyst Initials. gl Sample prep wt./vol: 50.00 ml Prep Extract VoL 50.00 ml Anatvte CASNo Result Fla¢s Units ~ MDL run N: Alkalinity, Total 152 inP/L CaCO 40 U77 I The following test was conducted by AnalyGca - Anchora6e - t,ab Sample Number A0609227-06D Analysis Date: 9/29/2006 9:08:OOAM Prep Date- ]0/412006 InslrumenC defanl[ Analytical Method 7D: Calcium Carbonate Saturai ton -Langelier Index File Narne: Prep Method ID: Langelier Dilution Factor Prep Batch Number A067004010 f2epon Basis. As Received Analyst Initials: kp Sample prep wt./vol: 7.00 ml Prep Extract Vol: 1.00 ml pnaly to CASNu Result FIa2s Units P~(L YIDL rua'd: Lange}ier Index/Corros~i ty -0.72 La.^,gOrits -1.G -19 I The following test was eonduc~eeJ by: Analytica - Ancnoragc Lab Sample Number. A0609227-06D Analysis Daie. 9/22/2006 1123:09AM Prep Date 9/22/2006 lnstrumene Probe Analytical Method ID: 150.1 - pH, Elecrometric - pH File Name Prep Method ;D: pH Dilution Factor 1 Prep Batch Number A060926008 Report Bads As Received Analyst ]nitials: aj - Sample prep wt./vol: 7.00 ml Prep Extract Vol. 1.00 ml :Anatvte CASN~ Result Flees U~iB ~ MDL rnn q: --'pH 7.9 PH O.U 0.0 1 Page ]2 nf23 Detailed Analytical Report Analytica Alaska Irc. Workorder (SDG): A0609227 Project: Kenai Potable Water Wells Clime Nattenbu rg, Dilley & Linnell Client Project Number. Kenai potable Water Wells Report Section: Client Sample Report Client Sam pie Name: Q(_]~Q-2~ Mairi~: Aqueous Collection Uate: 9/21/2006 IIt48:00AM The Collowing ~esl was conduced by Analytica -Fairbanks Lab Sample Number: A0609227-ObC Analysis Date 10(2(2006 626:OOPVI Prep Date: 70/2/2006 hrstrumenr. 1C Analy[ical Method ID: lnorgnnic Anima by Ion Chromatography -Anions File Name: Prep Method 1D: 300.0 Dilution I'ncor 1 Prep 13ateh Number. F061002024 Report t3asis: As Received Analyst 7niiials: KAH Sample prep wt./volt 5.00 mI Prep Extract Vol: 5.00 ml Annlytc CASNo Rc~ult Plaes Units P L MnL run p: $ul fate ND mg/L 0.75 0010 I Lab Sample Number: AOb09227-O6C Analysis Date: 10/4/2006 6:47:OOPM Prep Date: 10/4/2006 InstrtimenC IC Analytical Method ID: Inorganic Anions by Ion Chromatogra phy -Anions trite Name: Prep Method lD; 300.0 Dilution tractor: 1 Prep batch Number: F061006004 Report basis As Received Analyse Initials: KAH Sample prep wt./volt 0.25 ml Prep Extract Vol: 5.00 ml A naly [e CASNo Hesuh Flaes Units ~ MDL run q: Chloride qgp m~ 10 0.60 2 The following test was conducted by Aoalytica -Thornton Lab Sample Number: A0609227-06A AOalysisDaie: ]0/3/2006 5:0133YM Prep Date: 10/2/2006 lnsinimem: Elan Analytical Method lD: 200-B -Metals by 7CP1MS-Arsenic File Name: expori100306.c Prep Method ID: 200.8 Dilution Factor: 1 Prep P3atch Nmnbec 706 1 00 2 0 21 Report Basis: As Received Anolysi Initials KLS Sample prep wt./volt 50.00 mI Prep Extract Vol: 50.00 ml Annlyte CAS's`o Nesult Plaes units ~L MDL run #: Arsenic 7440-aft-2 1.78 ue,/L 0.15 0.044 I The following test wes conducted by: Analylica -Thornton Lab Sample Number: A0609227-06E Analysis Date: 9/29/2006 9:08:60AM Prep Date: 9/29/2006 Instrument: ICP 2 Analytical Method 1D: 200. 7 - Metals by ICP -Calcium File Nam;: E09296A Prep Method ID: 200.7 Dilution Factor: ] Prep Aatch Number 7060929022 Report Aasis. As Received Analyse Initiais: cc Sample prep wt-/volt 50.00 ml Prep Extract Vol: 50.00 ml Analyte CASNo Result Flses knits ~ MDL run #: Calcium 7440-7C-Z 6RG m~L O.IO 0013 I The following test was conducted by: Anelytica -Thornton Page 13 of 23 Detailed Anal~~tical Report ?orkorder lSDG): A06092?7 rojecc Kenai Potable Water Wells Clime Hattenbu rg, Dilley & Linnet( Client Project Aumbe r: Kenai Potable Water Wells Report Section: Client Sample Report Qicoi Semple Name O6_~n4_27 Mntm; Aqueous Analyuca Alaska Inc ollection Date- 21/2006 I I:A8:OOAM Lab Sample Number A0609227-06B Analysis Daie- 9/29/2006 9:03:OOAM Prep Date. 9/29/2006 lnstnnnenC ICP 2 Analytical Mc~ha~d IU. 200. 7 -Metals by ICP -Total Recoverable File Nmna: E09296A Prep Method ID: 200.7 Dilution Pacioc I Pizp Raich Number. 7060929022 Report ftasis As Received Analyse Iniiinls, cc Sample prep wL/vol: 50.00 mI Prep Esiraci Vol: 50.00 m! AnilIV IC CASNO Result Nlaes Units P~ MUL run N: Iron 743989-6 0.89 mg/L 0.050 D.007.7 I Manganem 7439-965 0.063 mp/L ODIO OA006C Sotiium 7440-235 376 rng/L 30 O.G2R The followine lest wns eondocted by Analytka - Thornton Lab Semple Number. A0609227-OfiB Analysis Date.. 10/3/2006 5:03:SSP~1 ('rep Date- 10/2/2006 Instrument. Elan '-nalytical Method ID. 2008 - Metal> by ICP/MS -Tmal/l'R F'ile Name: export100306.c ep Method ID- 200.8 Dilution Faclor_ I Prep Batch'tiumber. 706 7 00202 1 Report Basis: As Received Analyst Initials: KLS Sample prep wt./voC 50.00 mI Prep Exvact Vol: 50.00 ml Auk CASNo Rc_uli FIa2s Units ~ MDL run #: Amimony 744036-0 ND ug/L 010 0027 I Page 14 of 23 lletailed Analytical Report Annlynca Alaska Inc. workordcr (SDG). A0609227 Project Kenai Potable Water Wells Client: Hattenburg, Dilley 6i Linnell Client Project Number : Kenai Potable Water Wells Report Section: Client Sample Report Client tiample Namc: U6_~ ~a{~_2g Matrix: Aqueous Collection Dme. 9/27/2006 11:3i:00AM The following test was conducted by: Anah~ tica - Anchorage Lab Sample Number. A0609227-07D Ana!ysisDate: 9/26/2006 11:29:ISAM Prep Dote: 9/26!2006 lnstrnmenr. SCALE Analytical Method ID: SM2~40C -Total Dis'soived Solids dried m 180°C - TUS File Name: Prep Method ID: TDS Dilution Factor I Prep 13mch Number: A060930003 Report basis: As Received Analyst Initials: ~I Sample prep wt./vol: 80.00 mI Prep Extract Vol: I DO ml And CASNo Kesub FIa2s Units ?~ MDL run N: 'total Dissolved Solids tgl m@/L, 20 6.0 I '1-he following test was conducted by: Analytica- Mchor,~ge Lab Semple Number A06091_27-07D Analysis Date: 9/22/2006 10:4I:04AM Prep Uate: 9/22/2006 Instrumene Titrametric Analytical Method ID: SM 2320A -Total Alkalinity File Name: Prep Method ID: Alkalinity Dilution Factoc 7 Prep [3arch Number: A060926002 Repon Basis: As Received Analyst lnitlals: aj Sample prep wt./vol: 50.00 ml Prep Extract Vol: 50.00 rnl Analyte CASNo Resutl Plaps Units ~ MDL run b: Alkalinity, Totn; 159 mg/L CaC0 4 0 0.77 ~ 'the following test was conducted by: Analytica -Anchorage Lab Sample Number: A0609227-07D Analysis Date: 9/29/2006 933:OOAM Prep Dete: 10/4!2006 Instrument: default Analytical Method ID: Calcium Carbonate Saturation -Lang elier Index File Name: Prep Method ID: Langelier Dilution Factor: Prep Batch Number: A067004010 Report Basis: As Received Analyst Initials: kp Sample prep wtJvol: L00 ml Prep Extract VoI: 1.00 ml Analyse CASNo Result Flaes Units ~ MDL run H: Langelier lnderJCorrosivi ty p.21 LangUnits -LO -LO ~ The following tell was conducted by- Analytica -Anchorage Lab Sample Number. A0609227-07D Analysis Date. 9/22/2006 1 I :23:09AM Prep Date: 9/2272006 Instrument: Probe Analytical Method 1D: 150.1 - pH, L3lecrometric - pN File Name: Prep Method 7D: pH Dilution Factor: 7 Prep Batch Number. A06Q926008 Repon 73asis. As Received Analyst Initials: aj Sample prep wt./vol: 1.00 ml Prep Extract Vo!: 7.00 ml AnA~ CASNo Result FI9$5 Units ~ MDL run #: pH 7.9 Pli 0.0 0 D I _.. Page 15 of 23 Detailed Analytical Report Analytica Alaska [nc. !nrkorder (SDG)- A0609?'7 -rojecr Kenai Potable Water Wells Clime Hattenbu rg, Dilley& Linnell Cfient Project Vumbe r: Kenai Potable Water Wells Report Section: Client Sample Report Client Sample iVamc 06_104_28 Matrix. Aqueous Collection Dete: 9Y2I/2006 . I35:OOAM The following lest was conducted by: Analytica-Fairbanks Lab Sample Number: AU609227-07C Analysis Date: 10/2/2006 626:OOPM Prep Date: 10/2/2006 Insirumenc IC Analwica! Method ID'. Inorganic Anion> by Ion Chromalogrophy - Aniuns Fiie Naive: Prep Method ID: 300.0 Dilution Factor- I Prep Batch Numbers P061002024 Report Basis: As Received Analyst Initials: KAH Sample prep wt./vol: 5.00 mI Prep Extract Vol: 5.00 ml Analvte CASNo Renenh Flaas Units P L MDL run #: Chlonda 2.74 m~L 7 SO 0.030 I Sul fa[e ND mg/L 0 75 0.010 'The following test was conducted by: Analytica - 9 homton Lab Sample Number: A0609227-07A Analysis [date: 107"x(2006 6:OS:SSPM Prep Date. 70/2/2006 InsnumenC Elan 'Analytical Method lD: 200.8-Metals by lCP/MS-Arsenic File Name: export100306.e iep Method ID: 200.8 Dilution Factor: 1 Prep Batch Number: 7061002027 Report Basis: As Received Analyst initials: KL Sample prep wt./vol: SO.DO ml Prep Extract Vol: 50.00 ml Analyse CASNo Result Plaes Units P L MDL run q: Arsenic 7440-3A-2 59.8 t~E1t- O.IS 7.044 2 The following taxi was conducted by. Analytica -Thornton L,ab SampleNumbec A0609227-07E Analysis Date: 9/29/2006 9:33:OUAM Prep Date: 9/29/2006 Instrument: 7CP_Z Analytical Method ID: 200.7 -Metals by ICP -Calcium File Name: E09296A Prep Method ID: 200.7 Dilution Factor 1 Prep Batch Number 7060929022 Report Basis: As Received Analyst Initials: cc Sample prep wt./vol: 50.00 mI Prep Extract Vol: 50.00 ml Analvte CASNo Resub Ilaes Units ~ A'II1L run N: Caicirnm 7440-00-2 3L5 mrJL D.tO O.OIJ I The following test was conducted by. Analytica - Thomton Lab Sample Number: A0609227-078 Analysis Date: 9/29/2006 9:28:OOAM Prep Date- 9/29/2006 instn~ment: 1CP_2 Analytitai Method lD~. 200.7-Metals by lCY-Total Recoverable File Name: E09296A Prep Method IU: 200.7 Dilution Factor: 1 Prep Batch Number: 7060929022 Report Basis. As Received Analyst Initials: ec ;ample prep wt./vol: 50.00 ml Prep Extract VoI: 50.00 ml '" Analvre CASNo Recut bIa¢s Units ~ MDL run H: Page 16 of 23 Detailed Analytical Report Analytica Alaska Ine. \4'orkorder (SDG). A0609227 N roject; Kenai Potable ~i'ater N'ells Clien r- Hatten0urg, Diltey & Linnell Client Project Number: Kenai Potable Ntater Wells Report Sect;on: Client Sample Report Client Sample Namr. Q6-]04-28 Matrix: Aqueous Collection Dmc 9/21 /2006 113 S:OOA M Lab Sample Number: A0609227-07B Anah~sls Date- Prep Date- 9/29/2006 Insinnrsnu MaiYticai Method ID. 200- 7 -Metals by ICP --fowl Recover able File Nnme Prep M~ihod ID: 200.7 Dfluuon Factor. Prep Balch Number 7060429022 Report Basis As Received Analyst Initials: Sample prep wt/vol: 5000 ml Prep Gxvact Vol And CASNo Result Flaes Units P L MDL Irun 7439-89-6 0.26 mg/1_ OOSO 0.0027 Manganese 7439-9(r5 0.23 m€It_ OD10 DDOC{ib Sot'lium 7440-23-.i 22 m0/L 30 0.028 The following test was conducted by: Analytica -Thornton Lab Sample Number: A0609227-078 Analysis Date: Prep Date: 10/2/2006 instrument: Analytical Method IDe 200.8 -Metals by ICP/MS - "Ibtal/"I'R File Name- Prep Method 7D: 200.8 Dilution Factor Prep Batch Number "T061002027 Report Basis: As Received Analyst htitials: Sample prep wt./vol: 50.00 ml Prep Extract Vol Aoalyte CASNo Result Flaes Units P~ MDL Anomony 7440-36-0 ND ug/L 0.10 0.027 9/29/2006 9:28:OOAM fCP_Z E09296A cc 50.(10 ml run H: I IO/3/2006 5:08:42PM Elan export100306.c 1 K1,S SQ_00 mi run t!: 1 Page 17 of 23 Detailed Analytical Report nnaiyuca Alaska mc. 'orkorder (SDGk A0609'?27 roject: Kenai Pota Ole Water Wells Client }lauen bu rg, Dilley & Linnell Cliem Project Number: Kenai Potable Water Wells QC BATCH ASSOCIATIONS-f3V PI[T1~3OD 6LANK Lab Project lo: 63,377 L,ab Project Number: A0609227 Prep Dade: 9/22/2066 Lr.b Method Hlank Id: A060926002-MB Prep Hatch ID: A060926002 Method: SM 23?OQ -Tonal Alkalinity This Method blank and Semple prepara!on batch are associated with the fo0owlnE samples spik es. mtJ duplicates: $amoleNum. ClientSampleName Dauil'ile AnalysiSDat e A0609227-OID 06-104-22 9/2/2006 10:41:04AM A060922-035> 06-104-24 9/22/2006 10:41;04AM A0609229-O6D 06-104-27 9/22/2006 70:4I:04AM A0609227-07D O6-104-28 9/22/2006 10:41:04AM A060926002-LCS LC$ 9/2?J2006 10:41:04AiYi A0609227-01D-DUP DUP 9/22l?006 10:~11:04AM A0609227-O7D-MS MS 9/22/2006 10:41:04AM Page 18 of23 Detailed Analytical Keport Anayiica Alaska mc. Workoaler l$DGI: A0609227 Project: Kenai Potable Wager Wells Client: Hatlenburg, Diliey Sz Linnell Client Project Number. Kenai Potable Waler Wells QC I3ATCI-I ASSOCIATIONS- BY i~9 L'1'HOD BLANK Lab Project ID: 63,377 Lab Project Number. A0609227 Prep Dine: 9/29/2006 Lah Mc[hod 131ank Id- 7060929022-MB Prep Ratch ID: 7060929022 Method 200. 7 -Metals by ICP - "(~otai Recoverable l"his NlethoA blank and sample preparation batch are as socimed ~a~ith the Ioilowing samples, spikes, xnd duplicoies. SamoleN um CliemSamoleName DomPile AnalvsisDate A0609227-O1B 06-104-22 F..09296A 9/29/2006 8:23 :OOAM A0609227-03B 06-104-24 E09296A 9/29/2006 8:53 :OOAM A0609227-06B 06-104-27 E09296A 9/29/2006 9:03 :OOAM A0609227-07B 06-104-28 E09296A 9/29/2006 9:28 :OOAM A0609227-O1E 06-104-22 E09296A 9/29/2006 8:48 :OOAM A0609227-03E O6-104-24 E09296A 9/29/2006 8:58 :OOAM A0609227-06E O6-104-27 E09296A 9/29/2006 9:08 :OOAM A0609227-07E 06-104-28 E09296A .9/29/2006 9:33 :OOAM 7060929022-LCS LCS E09296A ~ 9/29/2006 7:~8 :OOAM 7060929022-LCS LCS E09296A 9/29/2006 7:58 :OOAM 7060929022-LCSD LCSD L-09296A 9/29/2006 8:03 :OOAM 7060929022-LCSD LCSD E09296A 9/29/2006 8:03 :OOAM A0609227-O1B-DUP DUP E09296A 9/29/2006 8:28 :OOAM A0609227-OIB-DUP DUP E09296A 9/29/2006 8:28 :OOAM A0609227-OlB-MS MS L09296A 9/29/2006 8:33 :OOAM A0609227-OlB-MS MS E09296A 9/29/2006 8:33 :OOAM A0609227-OiB-MSD MSD E09296A 9/29/2006 8:38 :OOAM A0609227-OlB-MSD MSD E09296A 9/29/2006 8:38 :OOAM 7060929022-LCS LCS E70046A 10/4/2006 4:OS :OOAM 7060929022-LCS LCS EI0046A 10/4/2006 4:OS :OOAM Pale 19 of 23 Detailed Analytical Report Analytica Alaska inc. %orknrdu (~JG). A0609227 ~ojea: Kenai Potable Wader Welts CGem: 1intte^bu rg, Dilley & Linnell <'fien~ Proj ect Number: Kenni Potable Water Wells QC &~TCH ASSOCIA"iIONS - BS MEIIiOD L3LANN Lab Project 1D: 63,377 Lab Project Number: A0609227 Prep Dats: 9/26/2006 I_ab Method Blankld: A060930003-MB Pmp Hatch ID: A060930003 Mci~~od- SM2540C-"T-otai Dissolved Solids died at 180°C-TDS 1~P~is Method blank and stipple preparation batch ore associated wlih the tolloeviug smnples, sP~kes. a nd duplicates- SampleNum ClientSamoleName Dma Pile AnalvsisDnte A0609227-OID 06-104-22 9/26/2006 1129:ISAM AOti09227-03D 06-104-24 9/26/2006 11?9:15AM A0609227-06D 06-10A-27 9/26/2006 1129:ISAM A0609227-07D 06-10428 3/26/2006 1729:15AM A0609266-01G DatchQC 9/26/2006 11:29:ISAM A060930003-LCS LCS 9/26/2006 I129a5AM A0609266-01C,-DUP DUP 9/26/2006 1129:7SAM A0609266-OIG-M3 MS - 9/26/2006 IP:29:15AM Page 20 of 23 lletailed Analytical Report Analy;ica Alaska Inc. Workorder (SD6t A0609227 Project: Kenai Potable Water Wells Cliene Hatten bu rg, Dilley & Liooell Client Project Number: Kenai Potable Water Wells QC BATCH ASSOCLkTIONS - Bl' METHOD BL:,1tAK Lab Project ID: 63,377 Lab Project Number: A0609227 Prep Uate: 10/2/2006 Lab Method Blank Id: 7061002021-MB Prep batch ID: 7061002021 Medmd. 200.8 -Metals by ICP/MS - `Dotal/TR This McOwd blank and sample preparntion batoh are associated with the following samples, spikes. and duplicates: SamoleNum ClienlSamplelJame DaiaPile Analysis Dole AU609227-OIB 06-104-22 export100306.csv 10/3/2006 4:3S:44PM A0609227-03B Ob-104-24 export100306.csv 7013/2006 4:SI:S6PM A0609227-066 06-104-27 export100306.csv 10/3!2006 5:03:SSPM AU609227-07B O6-104-28 expor1100306.csv 10/3/2006 5:08:42PM A0609227-O1A 06-104-22 export100306.csv 10/3/2006 3:i524PM A0609227-02A 06-104-23 export100306.esv 10/3/2006 5:56:08PM A0609227-03A 06-104-24 expon100306.csv VO/3/2006 4:43:08PM A0609227-04A 06-104-25 - export100306.csv - 10/3/2006 5:58:34PM A0609227-OSA 06-104-26 export100306.csv 10/3/2006 6:03:28PM A0609227-06A OG-704-27 export100306.csv 10/3/2006 S:Ot33PM A0609227-07A 06-104-28 export100306.csv 10/3/2006 6:OS:SSPM `f06 1 00202 1-LCS LCS export100306.csv 10/3/2006 i:01:35PM 7061002021-LCS LCS export100306.csv 70/3/2006 1:01:35PM 7061002021-LCSD LCSD expon100306.csv 70/3/2006 I:OA:OOPM 7061002021-LCSD LCSD export100306.csv 70/3/2006 1:04:OOPM A0609227-OlA-DUD DUP export100306.csv 10/3/2006 3:57:53PM A0609227-OlA-DUP DUP export100306.csv 10/3/2006 3:57:53PM A0609227-OlA-MS MS export100306.csv 10/3/2006 4:00:22PM A0609227-OlA-MS MS expott100306.csv 70/3/2000 4:0022PM A0609227-OlA-MSD MSD export100306.csv 70/3/2006 4:02:48PM A0609227-OlA-MSD MSD exportl00306.csv 10/3/2006 4:02:48PM Prep Date: 7 0/2/2006 Lab Method blank Id: F061002024-MB Prep Batch7D. F061002024 Method: Inorganic Anions by Ion Chrorn atography -Anions This Me[hod blank and sample preparation batch are associated with the following samples, spikes. and duplieates~. SamoleNum ClientSampleNRme UataFiie AnalvsisDai e A0609227-O1C D6-704-22 ]0/2/2006 626:OOPM A0609227-03C 06-104-24 10/2/2006 626:OOPM A0609227-06C 06-704-27 10/2/2006 6:26:OUPM A 0609227-09C 06-704-28 70/2/2006 &26:OOPM F061002024-LCS LCS 10/2/2006 626:OOPM '.. Paee 21 of 23 Detailed Anah%tical Report '~'orkurder tSDG). A060922.7 rojece Kenai Potable Water Wells ClicnC Hatten bu ra llitle K Linnell ~; y Client Project Number. Kenai Potable Water Wells Analytica Alaska ins QC B~aTCH ASSOCIA7lONS-6A" ~-IETHOD DL9NIi Lab Projeet iD: 63,377 Lab Proyect Number: A060922'1 Prep Date. 10/4/2006 Lab Method Blank Id: F061006004-NIB Prep Butch ID: F061006004 Method: Inorganic Anions by tort Chromatography -Anions This Method blank and Snmp;e preparation batch are associated with the following snmples_spikes_and duplicates[ Samo~eh'um ClientSampleNome Data File AnalvsisDate Aohoszz~-o~c oe-Ian-2f ioiai2ooh F067B06004-LCS LCS 10/4/2006 DA'I?\ NLAGS AND DGFt NITIONS The PQl_ is the Method Quand¢ttlon Limit as defined by USACE Reporting Limit Limit below which results arc shown as "ND"- "This mny be the PQL_ MDL, or a value between. See the report com~entions below- Result Pield- ND =Not Detected ai or above the Reporting Limit NA = Analyze not applicable (see Case Narrative for discussion) Qual filler Fields: LOW =Recovery Is below Lower Control Limit HIGH =Recovery , RPD, or other parameter is above Upper Control Limit F. = Keported concetnration is above the instrument calibration upper range Organic Analysis Plags: B = Analyze was detected in the laboratory method blank 1 = Analyre was detected above MDL or Reporting 1„imil but below the Quant Limit (PQL) Inorganic Analysis Flags 7 =Analyse was detected above the Reporting Limit but below the Quant Limit (PQIJ W ~= Pos= digestion spike did not meet criteria S =Reported value determined by the Method of Stflndard Additions (MSA) Other Flags may be applied. See Case Narrative for Description 6:47.OOPM 6:47:OOPN Page 22 of 23 Detailed Analytical Report Workorder (SD<i}. A060927 Project Kenai Vota ble Water Wells Client: Hattenburg, llilley & Linnell Client Project Number: Kenai Potable Water Wells a\nt31y?ica Alaska lnc. REPORTING CONVENTION S FOR THIS REPORT A0G09227 TestPkgName Basis k Sid Fits Reoortine t..imit 756.1/150.7 (Aqueous)-pr3 AsReceived 2 Report toAQl; 200.7/200.7 (Aqueous) -Calcium As Received 3 Report to PQI, 200.9/200.7 (Aqueous) -Total Recoverable As Received 2 Report to PQL 200.8/200.8 (Aqueous) -Arsenic As Received 3 Report to PQL 200.8/200.8 (Aqueous) -Total/TR As Received 3 Keport to PQL 2320B/2320B (Aqueous) -Total Alkalinity As Received 3 Report to PQL 2330B (Aqueous) - Langelier Index As Received 2 Report to PQL 2540C/2540C (Aqueous) - TDS As Received 3 Report to PQL 300.0/300.0 (Aqueous) -Anions As Received 3 Report to PQL Page 23 of 23 Mi V M' `., f`") 0 0 2 0 U 0 U ~.. o °~' (L o ,, LL t cim U U w, ^ a m Q a P m F- T z AN ... \\ aswisw paiallid Plaid p ae~asa~d pi aij ~ ~ m ~ J 2' . ~ _ ., o ~ _ v 0 U N i m S ~ ~ O a '- o I Q o' `b o m m E z I~ z _ (., ° v o U m ~ o '~ i ~ a I ? F3 6 5 °E 3 re _ 9 ~ a O O (~ w a f ¢ E v m a T N v p 4' E _ p > > ~ N a `/ m N R d a p n ~ Q ~ J ~ ' ~~ - ~ i U J J _ V' r{, J ~ _ Y N ~+ ~ ~ v J I U '~M- ~ J _ ~ `'~ J -_ N i V N rr y _~ ~ 6 v ~J ~ 'O _ ~ J ~ T U - ~ Q y ~ i f~ ~ ~ Cl ~ m C ro ~ ~~ ~ J lP ~ -~ m , ~ ~ ~ " '~ z M c l~ .. d n m o r x m E .. a V [r . n u w Ui 7' it 5i.b V ~~ c; ~'I 7 Z J f 1~ O, `rl r _ J J d $~ -~~~as, X X '~ X x > X va=leyvop 3o 'oN J Ua4i0-MN-M~-S) i yP,ew 3 ~7 ~ l(7 Ci' 0~ In E a t~l rct N - T crJ A T N iP 7 ' ~ - - N - _ _ rv m O ~ ~ i '- o I m ~ o, a ~ E u, ~.I M S ~N 5 '~ V c N (V ~ ~ m n '? U ~ T ~ i S ~ T m O ~ ~ J J ~ _ m a S E ,5 ? s ~~ js ~ 0 y ~ 9 O S C s o , E~ ?~ N c ~_, ~..._ _s' T v ~ ~ m JI J S J a n a m E z A nrdnLY'ciCt~ Client: Hattenburg, Dilley & Linnell Project: Kena! Potable Water Wells Cooler ID: 1 A. Preliminary Examination Phase: Cooler Receipt Form Client Code: 701509 1. Was airbill Attached? N/A 2. Custody Seals? N(A 3. Seals intact? NIA 4. COC Attached? Yes S. Project Identification from custody paper: 6. Preservative: Order#: A0609227 Date cooler opened: 912212006 Cooler opened by: jc Signatu ~_ ~- Airbill #: Carrier Name: Client How many? 0 Location: Seal Name: Properly Completed? Yes Signed by AEL employee? Yes Kenai Potable Water Wells Temperature: 5.5 Designated person initial here to acknowledge receipt: COMMENTS: Date: b! ~'L{ O~j B. Log-In Phase: Samples log-in Date: 9122/2006 Log-in By: jG 1. Packing Type: 2. Were samples in separate bags? Yes 3. Were containers intact? Yes 4. Number of bottles received: 19 5. Correct containers used? Yes 6. Sufficient sample volume? N/A 7. Bubbles in VOA samples? N/A 8. Was Project manager called and status discussed? 9. Was anyone called? No Who was called? COMMENTS: Labels agree with COC? Number of samples received: Correct preservatives added? No By whom? Yes 7 N/A Date: Page 1 cf APPENDIX B CORRELATION GRAPHS l~rsenic vs. pH 70.00 60.00 ,Q 50.00 ~. °' 40.00 U ~ 30.00 ¢` 20.00 10.00 0.00 6 6.5 7 7.5 8 8.5 9 pH _.. -___- __ _ _ __ Arsenic vs. CaCO Alkalinity 70 00 60.00 ° ~ 50.00 a ~ 40.00 v ~~ 30.00 Q 20.00 10.00 0.00 --- -~ I i i I • 1 ® ® ® ~'~, -• ® ~*+ - _ 0 I HAITENEURG DILLEY & LINNELL Engineering Consultants ENGINEERING - EARTH SCIENCE PROJECT MANAGEMENT (90]) 5Pia-2120 a ~ PLANNING wwwhdlalaska.wm 100 200 300 400 Alkalinity (mg/L Ca CO) KENAI GROUNDWATER STUDY ARSENIC GRAPHS CITY OF KENAI, ALASKA 17~17~06 yRnwN er. ~~ KK srEen f7GURE B7 NOT TO SCALE crlECkco av, LMD Joy NG.: 06-704 __ Arsenic vs. Dissolved Salids 70. o0 60.00 ~ 50.00 a °' 40.00 U ~ ~ 30.00 Q 20.00 I 10.00 0.00 0 200 400 600 800 1000 Dissolved Solids (ppin) __._ Arsenic vs. Corrosivity 70.00 60.00 ~ 50.00 a °' 40.00 U ~~ 30.00 Q 20.00 10.00 0.00 -7 ~__._ _ _. HAiTENBURG DILLEY & LINNELL Engineering Consultants ig 1 °° L ENGINEERING EARTH SCIENCE PROJECT MANAGEMENT ~Ai C. ~3m> sw-zizo PI ANNIN(~ . ........ oi~~i... ....... SCALE: KENAI C#?OUNDWATER STUDY ARSENIC GRAPHS CIlY Oi KENAI, ALASKA 11/1706 ORAwN er. KK s"eet: FIGURE B2 TO SCALE ~ ~"ccKeo ev: LMD roe Nc` 06- 104 -6 -5 -4 -3 -2 -1 0 1 '' Corrosivity (Langelier Index units) __ Arsenic vs. Well Depth 100.00 ~-- - ---- - _ --- -_ 90.00 80.00 ~ 70.00 a a- 60.00 50.00 ~ 40.00 N Q 30.00 ® N 20.00 ® •• • 10.00 i i d • 0.00 F-•~t i-~I' • • 0 100 200 300 400 Well Depth - ft. _- __ I Arsenic vs. Well Depth to 200' 100 00 i5 ~ 90.00 80.00 ~ a 70.00 o- 60.00 50.00 I N 40.00 Q 30.00 20.00 10.00 0.00 500 0 50 100 150 200 250 '' WeBI Depth - ft. - HATi'ENBURG DILLEY & LINNELI KENAI GROUNDWATER STUDY Engineering Consultants ARSENIC GRAPHS '. ENGMEERING EARTH sciENCE CITY OF KENAI, ALASKA • PROJECT MANAGEMENT Oat[. ~ l/17/06 DRHWN 9Y. KK SHEEI_ FIGURE 83 {90))SF54-2724 SCALE CHECKED BY. LMQ JOB Np-. OE-tOt • PLANNING ww~rv.hdialaska.com NOT TO SCALE Arsenic vs. Sulfate ~.c ~5 100.00 80.00 a Q- 60.00 ~ 40.00 w Q 20.00 0.00 0 0.5 1 1.5 2 2.5 3 70.00 60.00 .a 50.00 a °' 40.00 U 30.00 Q 20.00 10.00 0.00 Sulfate (ppm) ___ Arsenic vs. Chl®ride 3.5 ~• L_. _• 0 100 200 300 400 500 1 Chloride (ppm) __- - NATTENBURG DILLEY & LINNELL KENAI GROUNDWATER STUDY Engineering Conswtants ARSENIC GRAPHS • ENGINEF_RING • EARTH SCIENCE CITY OF KENAI, ALASKA • PROJECT MANAGEMENT Cmf J ~~13~06 DrtAWly EY. KK E1iCE1 FIGURE B4 (809)564-212a SCA1, E: CHECV(EO B9- ,109 NO.. • PLANNING www.hdlalaska.com (~~l TO SCALE LMD 06-704 _._ _ __ Arsenic vs. Sodium 100.00 80.00 a Q- 60.00 U ~ 40.00 ~ 20.00 ' 0.00 0 100 200 300 400 Sodium (ppm} Arsenic vs. Calcium ~5 ~ 00 100. I 80.00 a !. a 60.00 U ~ 40.00 Q 20.00 0.00 0 5 10 NATTENBURG DILLEY & LINNELL Engineering Consultants • ENGwEERING • EARTH SCIENCE • PROJECT MANAGEMENT PATE. 7 (90~)SBa-2120 SCALE' PLANNING www.htllalaska.com Af~T 15 20 25 30 35 Calcium (ppm} ARSENIC GRAPHS CITY OF KENAI, ALASKA )6 DRAWN er. KK saE=r FIGURE BS E crECKEO ar_ LMD J0R "o- 06-704 .. .. .... _........ Arsenic vs. Iron 70.00 60.00 .~ 50.00 a °' 40.00 U ~~ 30.00 Q 20.00 10.00 0.00 0 ~ 100.00 I 80.00 a !i Q- 60.00 U !' ~ 40.00 a ', 20.00 o. 00 Iron (ppm) __ __ __ __ _ Arsenic vs. Manganese 50 100 150 200 I i I • 0 0.2 0.4 0.6 0.8 1 Manganese (ppm) ~" HATTENBURG DILLEY & LINNELL Engineering Consultants • ENGINEERING • EARTH SCE NCE • PROJECT MANAGEMENT vA'E. x,/17 o~ ~eo~7 sea-zi zo SCAIF 5 - PL4NNWG ntl~a~askamm AIQ'( TQ S~ 1.2 1.4 KENAI GROUNDWATER STUDY ARSENIC GRAPHS CIlY OF RFNAI, ALASKA )6 ouAwN er. KK s"=~' FIGURE B6 _E....' cr!ECKEO av: LMD ~ aoa No` 06- 704 ~" Y~ ~~ f City of Kenai City Council Meeting February 7, 2007 Arsenic Groundwater Study PURPOSE: To delineate the arsenic concentrations in groundwater HIGHLIGHTS: • Arsenic concentrations appear to be lower in shallower, younger water and higher in deeper, older water arsenic appears to increase with depth and pH increase, and reduction in oxygen levels, indicating older waters. • Wells 1 and 3 have multiple clay layers compared to Well 2. Wells 1 and 3 have arsenic concentrations above the MCL of 10 ppb. The clay layers appear to be the source of arsenic and over time the clay has released arsenic alto the water in Wells 1 and 3. • Three potential areas (Eagle Rock, "I`hird Avenue, and Goif Course) are favorable for future shallow water wells. The shallow wells lead to groundwater under the influence of surface water rules. Surface water treatment systems are costly. • Quantity for shallow wells in drier years a concern. • New chlorination byproduct treatment rules suggest that in the future will need to have a treatment plant. Cluster wells near each other. WHATS NEXT: 1. Follow Apri12006 GV Jones Recommendations a. Complete water quality testing (Wells 1 and 3, & Well 2 for color) b. Update cost estimates (All Vendors) c. Choose treatment process d. Bench test preferred treatment process e. Pilot study & final cost estimate, preferred treatment process 2. If treatment systems are not feasible install shallow well(s) in one of the three areas with low arsenic. f ~ {, _ _ _ ~ Off map to the North ~'' v ~ - g f~ ~ ~~~ i I - -48 _ `- x J - s _ - Il ~ ,:~.. ,~.. ~ ~ ~~~ ,~ C GJ ~ B i r - ~ I l/ --~swo-. ,+ ~~ ild r ~ _ ~~-... _.. ~ .cnl. ~ / S ~ I ~ ~ ~ t ~ i __ p~ f 1! / r '~ 2 / , 99 N r r, n . _ i ~ . 9~ I ~ r.~ r~ ~ ~ .ii ~r-.._~- t ~ ~ i ~_ ~ - _--_ ~ ~ ~ I ~ ~~ t I /' ~ ~ / I I ~~ '- 3 !1 - ~~ ~. .mom, - I 5 i '~ I,r, ~ C > i i~ i :;: rd H ...__ t-;-_ ~ I _ I_- 1 ~ i,~/ ~ II ~ 5.^. / i I wm 3 ~rf I I 1 . n j I f .: ~r. * ~-. ) I I ( I ~ ~ - _. ,;r ^,- y1 i __~, Y ~:r-/ ! <. hY ~y u~e9~A ~' ,' ff: r^~ i ~ ~ ~ ~ I i F"/.-._ ~~ i ' -".q .-.,. ul~ i; I~ /1 _ r r I I , ® ~, ~~. ; f ' <~ ~ ~ ~I __ ,., `~ -~ it Well 1 r--= ';~r ~ ~ ' I ~ j . ~ ~p ~ I` ~.- ,;Sir r ^t i .~. /~ ) - e~ ~ ~, ~ 1~ Inc l .r ,-_., it a ~ i" 9`dt/ s k a ~ ~ 1 . I i (r°: ° ~ ~ is r-' ®~L ~r ~/I , t~~~ ~,J\- ~ ~ ~E ?).c_ j1i „.~ I ~ ii( / ~ ~ p ~ I ~ 4l ~ ~ ~ ~ ~2. ~ I - /' .r / li 1' V' )~, rl ~. ~ / I r tt ' ~ I .._. 2. / _ .~ :; n .t .r ~ .i ~ r i i _... _... e15.~, ~ ,. ~ ~ f • ky - ' ' .:;.. "~, ~~ i i .r i 7' ~.. .~ ~:.,, /r ..:I~ f eh ,k ~ ar ,~ _.,:m i ~i . ~ ^a---__.. ~~ -_.. i 7 -, t I ~ _ I tea, _ 1,.. r, ~ 1 ' ~ ~ w~ I~~ ~r „~~i.~ yt, ~f ~o, ',` t ~ ,,, ~ ` - ~ t Ool~Coursl ~ ~' ~qG; ~ ~,i r . ~, ,i -v ~,~ ~*'r ~ ~ I4 1 e.~li i,r ~ I ~ it i + le:-.~ '"' m t@ ,U •," T ~ N ~ ~ 4 M1 o.,. +~ -. __ - , ~ t ,a ~ ,+ li" ,. 6. ~ ~ .. , 5 f ~Cenar ~ t is i I _ • ~ ) i r ..., _ r ," ~ 'I ~ y 3s I °~ i t )fir r. w ,~ r ~ I ,~ ~ , ~ I r ~ ~ _ z tb' r v~r n r ~ ~ i ~ ~ ~ ~ '° w n [4S « t ,~ ~~ ix•,J sl ' - ._._ '~'~yy..~~yy \\ ~_ I j~ Arsenic Levels in Wells ~ ' _}_ I ~' ~~ ' ~> ~ ~ !- - q~ ~>- ~ '_--~ - , ' ~ -1 } _~ ' ~ - I ~~ ~ s I - :` RI t ~ 1 ppb Very low ..i I ~ ," ~ ~ I ~ ` ~, ~~ °` ~ 2~~ ~~" p ~~ °~ ~ i ~ ~ ~ ~ Y h //~~ / ' t ~ k ~ I r' I 1 - 10 ppb Low "' ~~ i _ ~``r °., `' -- ?- - r I ~ ~s~ -~~. ~'~,. ~ ~ , ~ )i > I,!r ~ I 1 ~.~ T ~ _~ _ ~ ~ ` ~ ~~` ,-~, ~ I < ' _ l __ ~ _.__ - - t ~ i> ~ .__... r / f i ~~ , off.. , r~ ' ~~-. 4 11 - 50 ppb Medium I '~ 7 ) .,. I z j~ I ' ~ ~ i ~ I ~ a T _ ~ it ~, - ~ 51 - 80 ppb High =_ _ _ I ~s ~ , ~ .~ g ~ p~ ~ ~; ~ ,,,~ , I ~ ~ t`~i ~~~ ~ - _ - ~ ~ ~ si ~ ~ r,~ r ~. 1~ ~ r E~ _ r ~ ~ I M ~ ,~ cud m ~ Y~ l ~ z I ~ .. _ , _ 'v` 81 - 95 ppb Very hig i I ,.~ ~ ~, ~j~ r r' - ~ ~ =I -~--E--~--- I -- }# ~~ ~,„' f ~~` 11- `~~ " Cit Owned Pro ert ~' ~ ' ~. p ~ a' I ~, ~ ~ ~ ; . ~ ~~ - I r ~ ~ ~ I ~ ~ I / ~~. r _ ~ , --u- _ F i ~ '' \ '~ .~ ~ ~~ ~ ~_ ~ ~ , . .. ,". ar '- Kenai cit limits ~~., ,;H ~ ~' ~ _~ J~~-• ~--- ! _","'- ~"' ~ `i~ y i~~ ° ,~ ~~ ~ I ~ ~~ r .~ ~ r .~ i i ~ r,° . ~ C i ~ ~ i. .~ 1 - ~ ~ ra. ~ "~NATTENBURGDILLEY_2~LINNELL ARSENIC GROUNDWATER STUDY ® Engineering Con sulfa nts • ENGINEERING ((''- • EARTH SCIENCE CITY OF KENAI, f~LA.SKA 0 ~,Z ~.4 ~.6 ~.$ ~ • PROJECT MANAGEMENT (907) 564-2120 DAre: T9/14/O6 DaAwe ev: ~~~ SHEET: FIGURE Z MI~@S 3 a PLANNING www.hdlalaska.com - SCALE: ASSN®WPf CHECKED BY: L~D doeeo.: 06-104 -a, January 23, 2007 Dear Alaska Legislator: The City of Wasilla, in partnership with cities, boroughs, and developers from around the State is seeking to rectify an inadequacy in state liquor law that hampers the ability of hub communities to attract investment in high-end restaurants. State law currently allows for 1 such license for every 1500 residents of a community, so in communities such as Wasilla, Kenai, or North Pole there may be only 3-5 restaurant liquor licenses to go around. The problem is that these communities serve population areas outside of their city limits that are many times their own city population thus providing a large market for restaurants. Since so few licenses are allowed and there is no way to augment the number of liquor licenses allowed in a city the result is a lack of dining options, particularly high end dining options, in these communities and their surrounding areas. The City of Wasilla itself has been approached by numerous higher end dining groups interested in locating in our city, only to learn that such location is impossible because a large component of their business model is the sale of alcoholic beverages with dinner, which they cannot do here without an outlandish outlay of capitol to secure an existing liquor license from within the closed liquor license market. We are suggesting the state liquor license law be changed in the following ways: 1. Cities should be allowed to transfer unused liquor licenses from their borough to city use when and only when both the city and borough agree to such a transfer. Since these licenses are allocated to the boroughs to serve these populations and the cities act as the commercial hub seruicirzg these same populations it would seem logical that a borough could transfer one of its licenses to city control to meet borough commercial needs. 2. Such transfers would only be allowed for restaurant liquor licenses. This legislation is not intended to allow for proliferation of package liquor stores or other liquor distribution venues outside ofsit-down dining establishments. 3. Such transfers should only be allowed in boroughs with a population of 40,000 or more. Since this legislation is intended to service the needs of larger suburban populations it seems logical to permit it only where such populations are large enough to warrant such action. 4. Cities and boroughs would be restricted to only using this process for the transfer of a maximum of 3 liquor licenses in each 10 year period between censuses. Liquor licenses are currently a closed market with licensees allowed to sell their licenses; this creates a cash market for licenses, which become tangible assets. To prevent a precipitous drop in the value of current licensees' asset (even though the creation of such an asset was never the intent of state liquor law) this provision would create a new limited market and cash value equilibrium. Please contact Casey Reynolds, Economic Development Director for the City of Wasilla at (907) 373-9030 to discuss our ideas to change liquor license laws in Alaska. Sincerely, Mayor Dianne M. Keller City of Wasilla t ,. ~.. ~~~ r. ~'~z~~~l~l~; ~~~ ~~~~ f~~~~~ ~ ~3~~~ ~~~~~~~ i~l ~~~~~'s ~a~~~~~4s. ~. ~, ~ ~;~ ~ ~~ , ', ~r.~ -_ - 7 February, 2007 ~~~,,~ w:~^"~r ~ ~ ~ ~:, ~ ~. z`x ~''`~ "'i°'~ 700 Maple Drive ~ ' ~ ,~ Kenai, Alaska 99611 When you build the Waimart on Marathon Road, shoppers will come. .They'll come from as far as Seldovia, Homer, Anchor Point, Kasilof, and ~ `_ even Soldotna. They'll cane because a two hour road trip is doable and familiar, since people on the lower peninsula come in to SoldoYr~a and Kenai f,," k,. to the doctors and to the Home Depot. .. <s ~` Shoppers in Kenai will support this facility, just like t`:ey supported the old Kenai Mall., the K-Mart, the Sears Catalog store and the present JC Penney store. The people in the Kenai area are hard working, loyal, steady folks, , and they would rather shop in a well-lit, colorful, fully stocked, familiar looking store than spend time on~'line and deal with returns.. °~ and the over-worked post office. In the winter, hanemakers need a place to get away fran their small children for an hour or so, just to de-carnpress, and all ages enjoy some retail therapy once or twice a week. Kenai is a beautiful location, the site for, the first oil and gas pro- s-, duction in Alaska. It's a great place for all ages, and the people E , ~~ ~ who move here to work in this new Walmart will be glad to live here. ~, «~. I look forward to shopping at Walmart when I visit Anchorage or "`` ~; ..: when I have.the opportunity to shop in Terre Haute, Indiana, Covens- ville, Missouri, or Eping, New Hampshire. Welcome to Kenai, ^,y Alaska, my home since 1974. ~~ ~~ Janice M. Houtz ~ n 4 ®~ Suggested by: Administration CIT7t OF KENAI ORDINANCE NO. 2204-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CREATING THE PRISM SPECIAL REVENUE FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS TO FUND OPERATIONS FOR FY2007. WHEREAS, the State of Alaska Departrnent of Public Safety, Alaska Division of Fire Prevention will manage and operate the Alaska Regional Fire Training Center using the name PRISM; and, WHEREAS, all revenues from PRISM will be recorded in the PRISM Special Revenue Fund; and, WHEREAS, the City of Kenai will reimburse the Alaska Division of Fire Prevention for costs incurred up to the amount of revenue plus $40,000. Expenditures related to PRISM will be recorded in the PRISM Special Revenue Fund; and, WHEREAS, funding will be from estimated PRISM revenues and transfers from the available fund balance of the Airport Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section l: The PRISM Special Revenue Fund is hereby established. Section 2: Estimated revenues and appropriations be increased as follows: Prism Special Revenue Fund Increase Estimated Revenues: Training Transfer from Airport Fund Increase Appropriations: Professional Services -- Subsidy -- Rental Area Utilities $300,000 40,000 12,000 5352.000 5352 000 Ordinance No. 2204-2007 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 17, 2007 Adopted: February 7, 2007 Effective: February 7, 2007 Approved by Finance: `~~ (01/10/2007) hl PRISM ANNUAL FINANCIAL PROJECTIONS DPS Projections REVENUE Gross Sales $ 622,755.00 City Utility Reimbursement $ 12,000.00 Gross Revenues $ 634,755.00 EXPENDITURES Cost of Sales $ 355,782.00 Heat (Natural Gas) $ 52,700.00 Electricity $ 65,641.85 Salaries $164,483.24 Total Expenditures $638,607.09 Gross Revenues $ 634,755.00 Total Expenditures $ 638,607.09 Profit/(Loss) $ (3,852.09) City of Kenai participation if Needed $ 40,000.00 $ 36,147.91 Natural Gas + 30% from 2006 Electricity + 5% from 2006 Janitorial/Telephone/Postage/Solid Waste included in 20% additional mark-up on Cost of Sales A O O O O O O O O O N N O N N O N O O O O O O O of 0 0 0 0 0 0 0 0 "p N V M ey O W m c O N O VJ N N Ol ~ N O N O b M` V^ c O d' V C [{ N N h b y y M b tp ~ N ~- ~ M N O O O O O O O O O O O O b O O` O O O O O b O N O O O O O O O O C b' V N V1 ^` O b b t~ O b [O b O b O N 1~ b N b O O N N N N N 9 M M N M N M M N N ~ d N N ~ a v o 0 0 0 0 0 0 o m M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b O N W N O N N 0) V O O V C' O O N O aY V N N N N O O O N N N N M V 10 V ~- V N O) Ol ar T M N W M o] C V V d' ¢'1 0] b V d' V V N N ~- M M eT eY N N N N W N N N IfJ O H - Q O O O O O O O O b ro O O O O O O O O O O O O O O O O O O O O O O ~ h N~ y O] N O O O OJ M O O N O O O M N N N N b Ip 1~ h~ N I~ ~ ` ~ M p N LL O) Q C P b O N tO0 N t°O Oy N N O O O b tO0 O~ O O O Oyy O N N N N O O O N N N N J~ v ~ N< N V N of C y, ~ N N ~ ~ N N N N N m~ p~~~ N N N~ p~~ N eY C ~. m b ILJ b 1(I In b b 10 N 1(J b b 1(1 b b b b b N b b if N b N b N b b b t[J b M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M e'e s N p] N C !L °am U C % ~ R C W a n v c m ._ c ~ ~m F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 of O o> V tP O h b lD N O O O V O N O W O N N b b O O O O O N N N N p y N N 1!1 O ~ V 1~ Ol b 10 M OI N OI b M b b Ot h Ot O h b M O M M M M M M N Z I~ O_ N N_ N O 1` b V _ O if1 0] m O_ N_ W M m N_ oJ_ Ot V b f-._ 1~ h h O ~ V O ~ N M b b ~- M N ~- ~ O W Hf f9 4i V1 f9 Vi W 63 Ni V} 69 64 V3 69 V1 b3 HY V1 (A 19 f9 bT 6% f9 fR Vj yf f9 V3 N 43 64 Y3 y n N V O M N Pr Ip M V O O b of 6 y 6 ~ N ~ ~ N O ~' b N O O ~ O b M O M C e{ O y V O O O N p C O C O M OJ tP M b W tD W !L y 6 N V ~ ? V eF- OMI ~ N N V Ol O N N b N M M b OI V C n M d' M b OI M d' (h 'M N M N W ~- N F Ol V' (O m 0] V p Ol QI OI Ol O W N b M N F •- ~- 5 O ~ N M ~ ~ N N ~- ~- b M N N ~- V ~- ~ O b N ~ ~ N N N N U ~ N ~ y (p 01 e~ O M O O M V' O% OMt N V M O y {00 O O y O y V N OJ O O N M M W W O U D) N N b V ~- M I~ IO y' 1(I M M N N ti m h N - M f 6) m y V W OI QI yy M W N M N T h Ol M M M M D) OI Ol u V ~ V N p O ~ e ~ V O b M ~ V V O o & 0 8 S ~ ° ° ° '~ 8 ~ ,°° S ~°n . a n o a o ~n w w w v~ 'n w w w w w w w w w w w w w w w « w ~ _ „ F? s a m o ~* ° ~ ~, n E " - N ~_ W a 6] a - ~ F Tn ~ VP U O N v Q N 9 J O V V V p V < P v < V m ® N h b 0 p O°O P V N OY OF h ~i ~ N ~ r ~ ~ 3 i r ~ a' c y, ~ E a yy 2 2 ~ r v ~ ~ ` $ o # ~ s m ~ t o `m $. ~ O E a' L ~ ~ ° ° o ° ° m m n m a m ~ k m c' m ~' F' ~ m a S ~ v1 r r e W a W c W a W a 3 ¢ v i o v i ° m m ° -- a 6 ¢ _ m ~ ~ m ~ ~ 6 a ~ ~ ~ °~ U (J U _ c 0 0 0 0 ~ m m m LL LL m ~ ~ o °" ~ _ ~ ° LL o ~ t ~ E a °° ° o m M M M ~ " c i @ v _ ° " m ¢ rc ~ v' v' E ' ¢ " ¢ " m _°. E' P P E a n E E a z z ' z z a x x x x x c u a a a _= a a a a < u v $ $ $ $ + $ $ ~ E ~ N a 5 U M h m C a E o . $ 0 w O a J F O H m_ N N m J ). VI ~- tiv d' N IV J Q Q M O f ro H ~ o i -:m V ` Z J n :: m, ' .: m e ~ p r¢ m m . n m .n n ti LL A A h : J J Q ~ ~ ~ ~ 4 Q z xf m ' ': W W ~ : J J ': J O O O O O Q O N ~ ^ O O -. O O » :: Z Z J ~ 0 0 O 0 O 0 O O O O ('J p O m m m m K \° N 1~ ~ ~ : O m ~ V) ~ V V -: M M O N Z O ~~ a b h ~ ro : O r Q ~ o ° '. m m ° ~ _ J ~ U O~ o ~~ ~ y M N ~ ~ '. m : m. O O V N : O : O ': O ~ 1(1 < M W '~ O^ J fL c W a m ti :. w ro .. ." ° Y M ~ ~ v :: <o a o m h a o ''. V M ' o m m M ` N M m a. p ( O M . O U '~' 3 ~ o fn ~ N (O N O -: 41 -. m ~ N - : O O VI V1 N m n ~ ' N m M M:: : M M::: N b ~ N ~ O ~ yj N 1~ I : V W m a N M M A = ~ ° ° o g ! Z m o !o ~ a Q vi (O :: m ~n M w p Q m m N N v v K p H _ Z m= N C9 I 'p Z ~ ti ~ ~ E ~ N ~ d ~ N ~ Q ~ c a W N W W Y Z U O Z Q s m ~ -a Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2205-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.15.050 TO ADD SUBSECTION (g) ALLOWING EMERGENCY PURCHASING WITHOUT COMPETITIVE BIDDING. WHEREAS, KMC 7.15.050 sets out exceptions to the competitive biddu7g requirements contained in KMC 7.15; and, WHEREAS, none of the exceptions provide for purchasing during emergency situations where the emergency makes competitive bidding impractical; and, WHEREAS, a provision should be added to the city code allowing for emergency procurement without competitive bidding; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 7.15.050 to include a provision allowing emergency procurement without competitive bidding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: KMC 7.15.050 is amended by adding subsection (g) as follows: (g) 7.15.050 Purchases, when competitive bidding not required. (1) The city may award a contract for supplies, services, professional services or construction without competition, formal advertising or other formal procedure where the City Manager determines in writing that an emergency threatening the public health, safety or welfare requires that the contract be awarded without delay. The City Manager shall make a report on such contract to the Council no later than the next regular meeting following award of the contract. (2) For purposes of this subsection, an "emergency" is defined as the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property, or shortage of food, water, or fuel resulting from (A) an incident such as storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, explosion or riot; (B) the release of oil or a hazardous substance if the release requires prompt action to avert environmental danger or mitigate environmental damage; (C) equipment failure if the failure is not a predictably frequent or recurring event or preventable by adequate equipment maintenance or operafion; (D) enemy or terrorist attack or a credible threat of imminent enemy or terrorist attack in or against the state that the adjutant general of the Department Ordinance No. 2205-2007 Page 2 of 2 of Military and Veterans Affairs or a designee of the adjutant general, in consultation with the conunissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must meet the standards of AS 26.20.040(c); in this paragraph, "attack" has the meaning given under AS 26.20.200; or (E) an outbreak of disease or a credible threat of an imminent outbreak of disease that the commissioner of health and social services or a designee of the commissioner of health and social services certifies to the governor has a high probability of occurrhng in the near future; the certification must be based on specific information received from local, state, federal, or international agency, or another source that the commissioner or the designee deternunes is reliable. PASSER BY THE COiINCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 17, 2007 Adopted: February 7,2007 Effective: March 7, 2007 E-3 Suggested by: Administration CETY OF KENAI ORDINANCE NO. 2206-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.30.010 TO REFLECT THE RENUMBERING OF THE TRAFFIC VIOLATION OF NEGLIGENT DRIVING IN THE ALASKA STATUTES. WHEREAS, KMC 13.30.010 incorporates the traffic violation of Negligent Driving (AS 28.35.045) in the Kenai Municipal Code; and, WHEREAS, the State of Alaska has renumbered the traffic violation of negligent driving in the Alaska Statutes from 28.35.045 to 28.35.410; and, WHEREAS, the renumbering of Negligent Driving in the Alaska Statutes should be reflected in KMC 13.30.010; and, LUI-IEREAS, it is in the best interest of the City of Kenai to amend K~'~1C 13.30.010 to reflect the renumbering of Negligent Driving in the Alaska Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 13.30.010 is amended as follows: 13.30.010 State traffic regulations adopted. There is hereby incorporated by reference into this Code, except as otherwise provided by this chapter, Title 13 of the Alaska Administrative Code and [AS 28.35.045] AS 28.35.410 (negligent driving) to the extent that such provisions are in effect on or following the date of the ordinance codified in this chapter. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 17, 2007 Adopted: February 7, 2007 Effective: March 7, 2007 E-~ Suggested by: Planning and Zoning CITY OF KENAI ORDINANCE NO. 2207-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT C, GUSTY SUBDIVISION NO. 2 AND TRACT B, SHADURA SUBDIVISION, FROM GENERAL COMMERCIAL (CG) TO CENTRAL COMMERCIAL (CC). WHEREAS, the property contains approximately 1.39 acres and is currently zoned General Commercial; and, WHEREAS, these properties are being replatted to a larger parcel containing other properties; and, WHEREAS, the replat will create asplit-zone situation containing lots zoned General Commercial (GC) and Central Commercial (CC); and, WHEREAS, having asplit-zoned parcel creates problems for land use planning; and, WHEREAS, the Planning and Zoning Commission recommended the property be rezoned prior to allowing recording of the final plat; and, WHEREAS, the property owner believes the Central Commercial (CC) zone would accommodate the existing land uses on the property and allow for further commercial development; and, WHEREAS, rezoning the property would enlarge the adjoining Central Commercial (CC) zoning district; and, WHEREAS, on January 10, 2007, the Kenai Planning and Zoning Commission voted unanimously to rezone the parcels. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the official Kenai Zoning Map is amended by rezoning Tract C, Gusty Subdivision No. 2 and Tract B, Shadura Subdivision from being zoned General Commercial (CG) to being zoned Central Commercial (CC) as shown on Attachment A. Ordinance No. 2207-2007 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 17, 2007 Adopted: February 7, 2007 Effective: March 7, 2007 ~~:N~\ ,:.. ~h~ ~,ty ~( KENA~ SKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-01 RE7,oNE PERMIT A RESOLUTION OF "fHE PLAiv'I~'ING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTEL) BY NAME: James & Phyllis Bookev III ADDKESS: P 0 Box 326 Kenai Alaska LEGAL: Tract C, Gusty Subdivision No. Z & Tract B. Shadura Subdivision (A portion of Bookey's Keplat -Preliminary Plan PARCEL #: 0471600 ~ & 04703007 WHEREAS, the Commission finds the following: I . The subject property is currently zoned: CG -General Commercial 2. The present land use plan designation is: Mixed Use. 3. The proposed zoning district is: CC -Central Commercial 4. An appropriate public hearing as required was conducted on January 10. 2007 5. That the following additional facts have been found to exist: Proposed rezone will eliminate a possible split-zone situation. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREI'ORE BE IT RESOLVED, by the Planning and 'Coning Commission of the City of Kenai that the petitioned REZONING of Tract C Gusty Subdivision No. 2 & Tract B Shadura Subdivision (A portion of Booker's Replat -Preliminary Plat) is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OR THE CITY OF KENAI, ALASKA, JANUARY 10, 2007. ,-~ CHAIRPERSO. l/V C~YJt~L/ATTES'F: ~~~~~L.. - ~ Ordinance No. 2207-2007 Attachment A Legend Proposed Rezone Conservation ~ Rural Residential 1 Rezone - CG to CC Limited Commercial ®Suburban Residential Central Commercial Suburan Residential 1 General Commercial ~ Suburban Residential 2 Light Industrial ®Urban Residential Heavylndustial ~, HistoricTownsite ® Recreation ~` Education Rural Residential E-5 Suggested by: Administration CYTY OF KENAI ORDINANCE NO. 2208-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.250, OFF-STREET PARKING AND LOADING REQUIREMENTS. WHEREAS, KMC 14.20.250 contains the off-street parking and loading requirements for the City of Kenai; and, WHEREAS, the off-street parking and loading requirements in KMC 14.20.250 are outdated; and, WHEREAS, it is difficult for city administration and property owners to determine if the requirements are being complied with; and, WHEREAS, modernizing and clarifying the requirements will make them easier to understand and comply with; and, WHEREAS, modernizing and improving compliance with the off-street parking and loading requirements in the Kenai Zoning Code is in the best interest of the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that KMC 14.20.250 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: January 17, 2007 February 7, 2007 March 7. 2007 14.20.250 Off-street parking and loading requirements. (a) For commercial development, there shall be provided at the time of construction of any main building or at the time of the alteration, enlargement, or change in use of any main building, permanently maintained off- street parking facilities for the use of occupants, employees, or patrons of such building. It shall be the joint and several responsibility of the owner and/or occupant of any main building or structure to provide, and thereafter maintain, minimum free off-street parking facilities as required below. (b) No existing parking area and no parking area provided for the purpose of complying with the provisions of this chapter shall hereafter be relinquished or reduced in any manner below the requirements herein established. (1) Site Plan Submission. A site plan showing all parking and loading areas shall accompany all applications for building permits. Said plan shall show dimensions of spaces, curb cuts, and other infornation necessary to determine compliance with the provisions of this chapter. The administrative official shall approve or reject the site plan on the basis of compliance with the requirements of this chapter. No certificate of zoning compliance and building permit shall be issued unless the parking site plan is approved. (2) Joint Parking Areas. Where there is more than one (1) use in a single structure or on a site (e. g., doctor, attorney, and retail grocery) or two (2) or more separate instances of the same use, off-street parking requirements shall be the sum of the requirements for the various uses: provided however, that where two (2) or more uses provide a single joint parking area, and their total required spaces totals twenty (20) or more, the minimum requirement will be seventy-five percent (75%) of the sum of the requirements for the various computed separately. (3) Location of Parking. Any parldng space provided pursuant to this section shall be on the same lot with the main use it serves or on an adjohvng lot except that the Convnission, by a conditional use permit as specified in this chapter, may allow parking spaces on any lot if it is determined that it is impractical to provide parking on the same or adjoining lot. (4) Design Standards. (A) All parking lots shall be provided with a durable, well-drained, and dust-free surface and shall have appropriate bumper guards where needed; (B) Parking areas aisd front yards as defined in 14.20.320(b), which includes the required parking spaces, in commercial use areas shall not be used for storage, repair work or any purpose other than parking, landscaping, signage, or sales displays. A non-conforming use of parking areas and front yards prohibited by this section shall be made to conform to this section within a period of one (1) year after adoption of this ordinance. Exception: Semi-Trailers or containers may be parked in these areas for no more than thirty (30) consecutive days to facilitate unloading. Trucking terminals and bona fide construction sites are exempt; (C) Any lighting of parking lots shall he arranged to reflect away from public rights-of= way and from any adjoining residential areas; (D) Curb cuts shall be located so as to avoid traffic hazards and shall be approved by the administrative official; (5) Interpretation of Spaee Requirements (A) If a use is not specifically mentioned in this section, the administrative official shall determine the most similar use which is specifically mentioned. Parking requirements shalt be the same as for that use; (6) Exception to this Section-Public Parking Lots. Notwithstanding other provisions of this section, when a use is located within three hundred (300) feet of an existing or Ordinance 2208-2006 (Attaehmene A) Page 1 of 6 plarmed public lots, the off-street parking requirements of this chapter may be met if under the procedures specified in this chapter, the Commission issues a conditional use permit stating that the following conditions have been met: (A) The public parking lot exists within reasonable distance of the use, or plans for the public parking lot are sufficiently advanced to give reasonable assurance that the lot will be in use witlvn one (1) year of the time of issuance of the conditional use permit; (B) The owner and/or occupant of the use in question shall sign a covenant agreeing to join an assessment district to pay for the public parking lot; (C) The public parking lot has or will have sufficient capacity to accommodate the use in question plus other parking needs of existing and potential uses within a reasonable distance of The lot. The Commission shall use the off-street parking requirement as cited above to estimate the parking spaces needed within a reasonable distance of the lot. (7) Off-Street Loading: Every building or structure used for business, trade, or industry and normally requiring truck loading or unloading with respect to the use, shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley, or, if there is no alley, to a street. Off- street loading and unloading space shall be in addition to and not considered as meeting a part of the requirement for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended, or constructed to be used in a manner to obstruct or interfere with the free use of any street or adjoining property. The minimum off-street loading and unloading space required for specific uses shall be as follows: (A) Retail business and service establislnnents shall provide one off-street loading and unloading space at least teu (10) feet wide and thirty-eight (38) feet long with a fourteen foot height clearance per building; (B) Industrial plants shall provide one off-street loading and unloading space for each twenty thousand (20,000) square feet of gross floor area. Each loading space shall be minimum of twelve (12) feet wide and fifty (50) feet long with a fourteen (14) foot height clearance; (C) Trucking Terminals shall provide one off-street loading and unloading space for every five thousand (5,000) square feet of total floor area used for storage, warehousing, and shipping. Each loading space shall be a minimum of fourteen (14) feet wide and sixty- five (65) feet long with fourteen (14) foot clearance. (8) Off-Street Parking Requirements: Ordinance 2208-2006 (Attachment A) Page 2 of 6 DWELLING AND LODGING MINIMUM NUMBER OF PARKING ~ SPACES REQUIRED Lodges, rooming/boarding houses, dormitories, One (1) per principal dwelling unit and one bed & breakfast, and other structures containing (1) per guest room or one for every two (2) sleeping rooms other than, or in addition to beds whichever is greater. dwelling units ~ '~ j Mobile Home Parks Two (2) per mobile home. Motels, Hotels and Cabin Rentals ; One (1) per unit plus two spaces. i Multiple-family dwellings, retirement homes and One (1) per efficiency unit; and two (2) per other places containing multiple dwelling units other units. Single-family dwellings, two-family dwellings Two (2) per dwelling units. and child care homes INSTITUTIONS; PUBLIC MINIMUM NUMBER OF PARKING USES/COMMERCIAL SPACES REQUIRED Aircraft Hangers One (1) per one thousand (1,000) square feet of gross floor area. Assembly with fixed seats: Auditoriums, One (l) per four (4) seats in the principal churches, funeral chapels, sports arena and assembly area. The width of a seat or a theaters bench or pew shall be considered twenty- . two (22) inches. ~ Assembly without fixed seats: Churches, civic One (1) per two hundred (200) square feet clubs, convention centers, dance halls, exhibition of gross floor area. halls, skating rinks and similar uses Assembly without fixed seats: Art galleries, One (1) per five hundred (500) square feet community/senior centers, museums and ~ of gross floor area. municipal buildings Automotive Service/repair and/or sales One (1) per four hundred (400) square feet of gross floor area of sales room and four (4) for each auto service stall. Banks, mortgage and loan companies One (1) per three hundred (300) square feet i of gross floor area. j Bowling alleys Four (4) per alley. Ordinance 2208-2006 (Attachment A) Page 3 of 6 INSTITUTIONS, PUBLIC USES/COMMERCIAL MINIMUM NUMBER OF PARKING SPACES REQUIRED Care Facilities: Day nurseries, aduh care One (1) space per four hundred (400) square facilities and kindergarten feet of gross floor area, and one (1) additional space reserved for pick-up and ~ delivery of people per eight hundred (800) square feet of gross floor area. Care Facilities: Hospitals, nursing/assisted One (1) per every two (2) beds. living facilities and similar institutions I Care Facilities: Medical/Dental clinics, health One (1) per two hundred fifty (250) square services feet of gross floor area. Cell phone/communication sites Two (2) spaces. Courthouse Based on typical occupancy, 80% of the sum of the following: One (1) per four (4) fixed seats plus five (S) per courtroom plus one (1) per fifty (50) square feet gross floor I area injury assembly rooms plus one (1) per i four hundred (400) square feet of gross f. i office space. Drive-thru only: Burger, espresso establishments ~ Two (2) spaces. Fitness Centers One (I) per one hundred (100) square feet of gross floor area plus f ve (5) for patron parking. One (I) per five hundred (500) square feet of gross floor area plus 'five (5) for patron Laundry establishments -self service parking. Libraries One (I) per four hundred (400) square feet of gross floor area. i Manufacturing /Industrial, research and One (1) per five hundred (500) square feet laboratories of gross floor area plus three (3) for patron parking. Nurseries and greenhouses One (l) per five hundred (500) square feet of gross floor area. Offices: Business and professional ~ One (1) per four hundred (400) square feet ' of gross floor area. Offices: Veterinarian/animal clinics and kennels One (1) per five hundred (500) square feet of gross floor area. Ordinance 2208-2006 (Attachment A) Page 4 of 6 INSTITUTIONS, PUBLIC USES/COMMERCIAL MINIMUM NUMBER OF PARHING SPACES REQUIRED Pool/Billiard Halls I One (1) per three hundred (300) square feet of gross floor area. Restaurants, cafes, delicatessen, eating and One (1) per each two hundred (Z00) square drinking establishments, clubs, nightclubs and feet of gross floor area or one (1) per four lodges, etc. (4) seats, whichever is greater. Services: Household and trades such as One (1) per four hundred (400) square feet carpentry, electrical servicing, plumbing and ~ of gross floor area. heating shops, paper hanging, painting, furniture upholstering, decorating shops, and other similar services Services: Printing, publishing, welding, One (1) per five hundred (500) square feet blacksmith shops, bakeries, dry cleaning, dyeing of gross floor area plus five (5) for patron ~ plants and similar services ~ parking. Services: Beauty and barber shops One (1) per two hundred fifty (250) square feet of gross floor area. Services: Fuel dispensing stations/convenience One (1) for each two (2) gas pumps plus one stores (1) per three hundred (300) square feet of j gross floor area. ~ Services Misc. Personal: Message therapy, i One (1) per five hundred (500) square feet art/photo studio, dress maker/taylor of gross floor area plus one (1) for patron parking. Schools One (1) per classroom plus three (3) for every classroom in those schools where students are permitted to drive to school. Schools with auditoriums shall provide one ~ (1) parking space for every four (4) seats or one (1) space for every fifty (50) square feet of gross floor area in assembly rooms without fixed seats, whichever is greater. Schools: Trade, business, music; dance studios One (1) per five hundred (500) square feet and other private schools and colleges of gross floor area. Stores: Grocery, drug/pharmacy One (1) per two hundred fifty (250) square feet of gross floor area. Ordinance 2208-2006 (Attachment A) Page 5 of 6 INSTITUTIONS, PUBLIC U5ES/COMMERCIAL I MINIMUM NUMBER OF PARKING SPACES REQUIRED Scares: Retail and wholesale sales of non-bulky ! One (1) per three hundred (300) square feet items ~ of gross floor area. Stores: Retail and wholesale sales of bulky items One (1) per five hundred (500) square feet (e.g. furniture and major appliances) ~ of gross floor area. Tanning Salon ( i One (1) per four hundred (400) square feet of gross floor area plus three (3) for patron parking. Taxicab companies i One (1) per taxi operated by the company I plus one (1) extra space. Truck terminals, lumber yards etc. One (1) per five hundred (500) square feet of gross floor area plus five (5) for pata~on parking. Warehouses: Wholesale/retail, and commercial One (1) per two thousand (2,000) square i storage feet of gross floor area, but a total of no less '' than four (4) spaces Ordinance 2208-2006 (Attachment A) Page 6 of 6 Suggested by: Administration CITY OF KENAI PLANNING AND 7.ONING COMMISSION RESOLUTION NO. PZ07-03 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.250, OFF- STREET PARKING AND LOADING REQUIREMENTS, BE AMENDED. WHEREAS, KMC 14.20.250 contains the off-street parking and loading requirements for the City of Kenai; and WHEREAS, the off-street parking and loading requirements in KMC 14.20.250 are outdated; and WHEREAS, it is difficult for city administration and property owners to determine if the requirements are being complied with; and WHEREAS, modernizing and clarifying the requirements will make them easier to understand and comply with; and WHEREAS, modernizing and improving compliance with the off-street parking and loading requirements in the Kenai Zoning Code is in the best interest of the City of Kenai. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.250 AS SHOWN IN AT'T'ACHMENT "A". PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this IOth day of January 2007. HAIRP RSON: ~~ ATTEST, `,_~ ~ ~ ~ ~~ ~i F .~~~-, _ ~'~ ~\ A thea~of KENA~ SKA "!/c'~laye with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794. i~m' Telephone: 907-283-7535 /FAX: 907-283-3014 I I 1992 MEMO: TO: Rick Koch, City Manager THRU: Jack La Shot, Public Works Manage 'r` ) l ~ 1,1!~~ FROM: Marilyn Kebschull, Planning Administrator F~ Robert Springer, Building Official DATE: January 23, 2007 SUBJECT: Ordinance No. 2208-2007 -Off-Street Parking Ordinance No. 2208-2007 clarifies parking requirements and will make it easier for the public and administration to determine required parking for development within the City of Kenai. The following provides a brief description of how the proposed ordinance changes the current code. There is no change to KMC 14.20.250 (a). KMC 14.20.250 (b)(5)(B) and (C) are deleted. Section B deals with number of employees, which are no longer considered for determining required parking spaces and Section C deals with half parking spaces, no longer possible under the proposed code. The major change to the code is in KMC 14.20.250 (b) (8) -Off-Street Parking Requirements. This section of the code will be replaced with a new table that is similar to the current code however uses are updated and grouped. Uses are listed in alphabetical order. The major change is that instead of unpredictable criteria like number of employees, number of students, number of dentist chairs, etc. the criteria used will be gross floor area. The proposed amendment will allow for using basic building design to determine required parking, "gross floor area." Some obsolete uses were deleted (sanitarium) and some new uses were added (cabin rentals, courthouse, aircraft hangar). The uses added were developments that the code did not provide parking requirement guidelines. Ordinance No. 2208-2007 Page 2 The recommended changes are the result of researching parking codes for other cities and municipalities and reviewing recent building permits. In the current code, a change of use for a building could result in parking issues. With the proposed changes, it is hoped that by using gross floor area for most uses that any change could be accommodated. E-b Suggested by: City Council CITY OF KENAI OI2DYNANCE NO. 2209-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.25 TO INCLUDE FOUR OR MORE DWELLINGS IN THE LANDSCAPING/SITE PLAN REQUIREMENTS OF THE KENAI MUNICIPAL CODE. WHEREAS, KMC 14.25 provides for landscaping/site plan requirements for commercial and industrial development within the City of Kenai; and, WHEREAS, residential property is currently exempted from the landscaping requirements in the city code; and, WHEREAS, development of residential property consisting of four or more family dwellings should be required to fulfill the landscaping requirements; and, WHEREAS, landscaping requirements are necessary because of the impact of concentrated uses due to the increased lot utilization; and, WHEREAS, it is in the best interest of the City of Kenai to include four or more family dwellings ("multi-family development") in the landscaping/site plan requirements of the Kenai Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that KMC 14.25 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced Adopted: Effective: January 17, 2007 February 7, 2007 March 7, 2007 Chapter 14.25 LANDSCAPING/SITE PLAN REGULATIONS 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial [AND] industrial and multi- famiiy development within the City of Kenai. The general purpose of landscaping is to visually enhance the City's appearance, provide attractive and functional separation and screening between uses and reduce erosion and storm runoff. ~ Fox purposes of this chapter multi-family development means a four or more family dwelling. I4.25.OiS Landscaping site plan. For property covered under this chapter, submittal of a preliminary landscaping/site plan and approval by the Administrative Official is required prior to any land clearing and/or tree cutting where such removal will result in less than fifteen percent (15%) of the lot area having existing Trees, shrubs, or natural vegetation cover. 14.25.020 Application. This chapter shall apply to all commercial [AND] industrial and multi-family development within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial [AND] industrial and multi-family development" and "all development" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage, and is: >~ located on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (II-I), Townsite Historic (T'SH), Light Industrial (IL) and Education (ED) zoning districts• or 2) amulti-family development in anv zone; or ~ a change of use as required in KMC 14.20.250 (a). It is unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requiring alandscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Properties zoned residential (except multi-family dwellings) are exempt from this chapter with the following exception: [1] Structures identified as a commercial occupancy in Title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage or a change of use as required in KMC 14.20.250 (a). Ordinance 2209-2006 Attachment A Page t of 4 14.25.036 Landscaping/site plan-Submittal requirements. One copy of the landscaping/site plan (eleven inches (11") by fourteen inches (14") size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/site. plan shall be prepared at a minimum scale of one inch (l ") equals twenty feet (20') and shall include the following information: (a) Scientific or common name or type of planting materials to be used in the project; (b) Typical planting details; (c) Location of all planting areasand relationship to buildings, parking areas and driveways; (d) Identification and location of existing vegetation to be retained; (e) Identification and location ofnon-living landscaping materials to be used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage. 14.25.040 Landscaping plan-Performance criteria. (a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide thebest results. Perimeter, interior, street right-of- way, and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. Landscaping adjacent to residential zones shall have landscaping beds that meet all of the following minimum standards: L Landscaping beds -Minimum of 10 feet in width along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. A 6-feet high wood fence or masonry wall may be used in place of 5 feet of the required bed width. 2. Ground cover - 100 percent within 3 years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. 3. Trees and/or shrubs appropriate for The climate shall be included in the landscaping beds. (c) Interior Landscaping involves those areas. of the property exclusive of the perimeter aild parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Sereeningor visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive Ordinance 2209-2006 Attachment A Page 2 of 4 driveways and streets within the site. Landscaping may include landscaping beds, trees, atld shrubs. (d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Street right-of--way landscaping softens the impact of land uses. along street rights-of- way, but does not obscure Land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of- way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. 1. Landscaping beds -Minimum of 10 feet in width along the entire length of the property lines which adjoin street rights-of--way, exclusive of driveways and other ingress and egress openings; 2. Ground cover - 100 percent ground cover of the landscaping bed within 3 years of planting and continuous maintenance so there will be no exposed soil; 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (fj Review. The Administrative Official may consider plans for amendments if problems arise in carrying out The landscaping/site plan as originally approved. 14.25.045 Site plan-Performance criteria. (a) Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placementor retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. (c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots: Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1. Paving is required jWHEN] for "commercial development" including amulti-family development requiring a building permit valued at one hundred thousand dollars ($100,000) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000) or more, and the property is located between Evergreen Drive and McCollum Drive/Tinker Lane as shown in the map marked Appendix 1 to this chapter. 2. Exception to thisrequirement: (i) Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (f) Dumpsters. Dumpsters must be screened with asight-obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. Ordinance 2209-2006 Attachment A Page 3 of 4 14.25.050 E4pproval. Unless extended for good cause, the Administrative Official shall review and take action on a landscaping and site plan within fourteen (14) days of satisfactory submittal. The Building Official shall issue a building permit upon approval of the associated landscaping/site plan providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Administrative Official shall be in accordance with KMC 14.20.290. 14.25.060 Completion-Landscaping plan. All required. landscaping as presented in the approved landscaping plan shall be installed within one year after issuance of the Certificate of Occupancy. 14.25.065 Completion-Site plan. All requirements as outlined in Section 14.25.045 shall be installed according to the site plan as approved by both developer and the Administrative Official. 1. The required parking tot paving shall be completed within two years after issuance of the Certificate of Occupancy. 14.25.070 Modifications. Whenever there are practical difficulties n1 carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a speeiai individual reason makes the strict letter of this ordinance impractical and that the modification is in conformity with the intent and purposes of this ordinance. 14.25.080 Expiration. If construction of the project has not started within one year of approval of the landscaping/site plan, the approval shall lapse unless extended for good cause. ].4.25.090 Penalties. Penalties for non-compliance with this chapter shall be as set forth by KMC 14.20.260. 14.25.100 Definition-Landscaping. "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. Ordinance 2209-2006 Attachment A Page 4 of 4 Suggested by: City Council Substitute CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SUPPORTING AMENDMENT OF KMC 14.25 TO INCLUDE FOUR OR MORE DWELLINGS IN THE LANDSCAPING/SITE PLAN REQUIREMENTS OF THE KENAI MUNICIPAL CODE WHEREAS, KMC 14.25 provides for landscaping/site plan requirements for commercial and industrial development within the City of Kenai; and WHEREAS; residential property is currently exempted from the landscaping requirements in the city code; and WHEREAS, development of residential property consisting of four or more family dwellings should be required to fulfill the landscaping requirements; and WHEREAS, because the impact of concentrated uses due to the increased lot utilization; and, WHEREAS, it is in the best interest of the City of Kenai to include four or more family dwellings ("multi-family development") in the landscaping/site plan requirements of the Kenai Municipal Code. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14,25 AS SHOWN ON ATTACHMENT A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th y o anuary, 2007. C ATTEST: E-1 CITY OF KENAI Suggested by: Administration ORDINANCE NO. 2210-200? AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $88;450 IN THE AIRPORT FUND TO FUND PRISM OPERATIONS AND REPLENISH THE CONTINGENCY ACCOUNTS. WHEREAS, certain Airport Fund Contingency accounts were used to fund the interim operations at PRISM; and, WHEREAS, additional funds are needed for operations prior to the Alaska Division of Fire Prevention assuming control of the operation; and, WHEREAS, funds are available in the Airport Fund fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of fund balance $68,450 Training Revenue 20,000 88 450 Increase Appropriations: Admin- Contingency $5,000 Land -Contingency 5,000 Training Facility - Salaries 8v Benefits 10,700 - Professional Services 15,000 - Utilities 40,000 - Repairs and Maintenance 1,500 - Operating Supplies 7,500 - Small Tools 3,000 - Advertising 750 88 450 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: January 17, 2007 Adopted: February 7, 2007 Effective; February 7, 2007 E-S Suggested by: City Manager CITY OF KENAI ORDINANCE NO. 2211-20®6 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE SALE OF APPROXIMATELY 38.224 ACRES AT TRACT 1, BARON PARK, 2005 REPEAT IN THE CITY OF KENAI, ALASKA, AND SETTING FORTH THE PRICE AND OTHER TERMS AND CONDITIONS OF SALE. WHEREAS, the City of Kenai is the owner of approximately 38.224 acres at Tract 1, Baron Park, 2005 Replat in the City of Kenai, Alaska; and, WHEREAS, notwithstanding any other provisions of KMC 21.15, when it is found that encouragement of a new commercial enterprise would be beneficial to the City of Kenai, KMC 21.15.170 allows the sale of City land to be authorized by ordinance upon such terms as to price, conditions of conveyance and other conditions of sale; and, WHEREAS, construction of a 170,000 square-foot retail shopping facility would be beneficial to the City of Kenai; and, WHEREAS, Wal-Mart Stores, Inc. (Wal-Mart) wishes to purchase the property to build a retail shopping facility in Kenai of not less than 170,000 square feet; and, WHEREAS, the property is zoned Light Industrial and the intended use is a principal permitted use under the Kenai Zoning Code; and, WHEREAS, an appraisal by Derry & Associates has determined the fair market value to be $3,580,000; and, WHEREAS, Wal-Mart has agreed to pay fair market value ($3,580,000) for the property; and, WHEREAS, the proceeds from the sale will be placed in the Airport Land Sale Permanent Fund pursuant to KMC 7.30; and, WHEREAS, the property is not needed for a public purpose; and, WHEREAS, interest income from money placed in the Airport Land Sale Trust Fund can be used to support airport operations; and, WHEREAS, the purchase agreement provides that Wal-Mart will construct a retail shopping facility of at least 170,000 square feet within four years of the latter of the closing of the sale or issuance of a wetlands permit; and, WHEREAS, the City shall have a right to repurchase the property if Wal-Mart fails to construct the required improvements within the allowed time period; and, Ordinance No. 2211-2006 Page 2 of 2 WHEREAS, the sale will be beneficial to the City of Kenai because: the proceeds will significantly increase the size of the Airport Land Sale Trust Fund which is used to support the operations of the Kenai Municipal Airport; it will significantly increase sales and property tax revenue to the City of Kenai; it will provide a significant number of jobs at the store and construction jobs during the project; it will stimulate business growth and customer traffic within Kenai; it will increase the commercial appeal of other land owned by the City of Kenai near the store; and, WHEREAS, the attached Purchase and Sale Agreement sets forth the price, conditions of conveyance, and other terms and conditions of the sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that I) the property is not needed for a public purpose; and 2) the City Manager is authorized to execute the sale of Tract 1, Baron Park, 2005 Replat in the City of Kenai, as set forth in the attached Purchase and Sale Agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: January 17, 2007 Adopted: February 7, 2007 .Effective: March 7, 2007 Kenai, AK #4474 PURCHASE AGREEMENT (with Repurchase Right and Put Right) Date , 2007 (The "Effective Date" of this Agreement is the date on which this Agreement is fully executed by all parties hereto, as indicated by the latest date on the signature page(s) of this Agreement.) WAL-MART STORES, INC., a Delaware corporation ("Buyer") CITY OF KENAI, ALASKA, an Alaskan governmental entity ("Seller") Sale and Purchase. Pursuant to this Agreement, Seller shall sell and Buyer shall purchase the approximately 38.224 acre tract of land together with all improvements thereon, easements, water rights, and other rights appurtenant thereto and all of Seller's right, title, together with any and all development fees, impact fees, water, sewer or other utility tap, connection, meter or service fees or amounts which have been paid to any governmental authority in connection with any previous development of the property or any utility service provided to any improvement located on said land (collectively, the "Property") described in Exhibit A hereto. 2. Purchase Price. The purchase price for the Property (the "Purchase Price") shall be $3,580,000.00 (subject to recalculation if applicable under Sections 19 and 33, below). Buyer will pay $50,000.00 (the "Deposit") within ten days after the Effective Date to an interest bearing escrow account, with interest accruing to Buyer, with Stewart Title Guaranty Company ("Title Company"), Attention: Violet Gonzales, 2 North LaSalle Street, Suite 1400, Chicago, IL 60602, wherein Title Company intends to use Stewart Title of the Kenai Peninsula, Attention: Cassie McMahon, 610 Attla Way, Suite 4, Kenai, AK 99611, as its local title agent: Such interest shall be included in any refund of the Deposit hereunder. Any amounts required to be deposited by Buyer with the Escrow Agent pursuant to the terms of this Agreement may, at Buyer's election, be allocated pursuant to an irrevocable letter of credit existing in favor of Escrow Agent. The balance of the Purchase Price after application of any deposits made pursuant to this Agreement will be paid through the Escrow upon closing of this sale ("Closing") by certified check or Federal wire transfer. 3. Escrow. This Agreement will be delivered as escrow instructions to establish an escrow (the "Escrow") with Title Company as escrowholder ("Escrow Agent"). The date of opening of escrow is the Effective Date of this Agreement. Escrow fees are subject to approval of Buyer and Seller. Not less than three business days prior to Closing, Seller shall execute the deed for the Property and deliver it to Title Company to hold until Closing. If there is any inconsistency between any escrow instructions and this Agreement, this Agreement shall control. 4. Surve . Buyer shall obtain a survey of the Property (the "Survey") suitable to Buyer and Title Company, containing the certification of the surveyor of the number of net square feet contained in the Property (the "Net Square Feet"). The Survey will show each exception contained in the Commitment, including any denominated as Schedule B exceptions, and its effect on the Property. 597501.11 72/27/2006 5. Title Review. The Title Company shall, at Seller's expense, provide Buyer with a commitment for an ALTA owner's title policy on the Property (the "Commitment"), and copies of all instruments shown by the Commitment as exceptions. At Closing Seller shall pay and release all amounts secured by mortgages, deeds of trust or other liens on the Property ("Monetary Liens") and terminate all existing tenancies or rights to possession of the Property ("Tenancy Rights"). Buyer shall have 30 days after receipt of the Commitment, Survey and copies of all documents constituting exceptions to title and survey (the "Review Period"), to review the Commitment and Survey. If Buyer objects to any matters in the Commitment or Survey, Buyer shall notify Seller in writing. Within 30 days of receipt of notice, Seller shall clear the title of the matters to which Buyer objects. If Buyer does not either accept or object to the Commitment and Survey within the Review Period, Buyer shall be in default and Seller may give Buyer notice pursuant to Section 9. Except for Monetary Liens, Tenancy Rights and matters to which Buyer objects, exceptions contained in the Commitment are the "Permitted Exceptions". If the Commitment is amended or supplemented after Buyer has submitted its objections to Seller, the same time periods, procedures and notices for objections and clearance of title shall apply to matters disclosed thereby. 6. Title Insurance and Deed. At Closing, Seller shall convey marketable fee simple title to the Property to Buyer, by general warranty deed in a form acceptable to Buyer, subject only to the Permitted Exceptions. The deed shall specifically list .the Permitted Exceptions on an exhibit and shall not contain language such as or similar in context to "subject to all matters of record." Buyer shall obtain at Closing, at Seller's expense, a standard form ALTA Owner's Title Insurance Policy (the "Policy") issued by the Title Company, insuring marketable fee simple title to Buyer in the full amount of the Purchase Price and containing no exceptions or conditions other than the Permitted Exceptions. Buyer has the right to elect to obtain an ALTA extended coverage title insurance policy and such endorsements to the Policy as Buyer may require. Buyer will be responsible for the increase in premium between a standard form policy. and an extended form policy and the costs of any endorsements other than endorsements obtained by Seller to cure Buyer's title objections as set forth in Section 5. 7. Risk of Loss and Condemnation. Until Closing, Seller has the risk of loss or damage to the Property. If any loss or damage occurs prior to Closing, Buyer may, at its option, either (i) cancel this Agreement and receive a refund of the Deposit, or (ii) accept the Property with the Purchase Price reduced by the cost of replacement or repair. If all or any part of the Property is condemned or any condemnation action or proceeding is commenced prior to Closing, Buyer may, at its option, either (a) cancel this Agreement and receive a refund of the Deposit, or (b) complete the purchase, with all condemnation proceeds and claims being assigned to Buyer. 8. Taxes and Assessments. Any real property taxes shall be prorated and adjusted on the basis of the actual days in the calendar year, Seller to have the last day, to the date of Closing. Taxes for all prior years and any taxes which become due or which are levied as a result of a change in the use of the Property in implementing Buyer's plan for the development of the Property shall be paid by Seller. Assessments, either general or special, for improvements completed prior to Closing, whether matured or unmatured, shall be paid in full by Seller (including all principal and interest). Any rollback taxes due as a result of the sale shall be paid by Seller. All other assessments shall be paid by Buyer. Seller will provide to Buyer such real property tax information for the Property as Buyer requests. Any Federal, state and local documentary or revenue stamps, transfer, sales and other taxes relating to the sate of the Property shall be paid by Seller at Closing and both parties agree to execute any tax forms necessary. 597501.11 12/27/2006 2 9. Notice of Default. In the event either party is in default of any provision hereof, including pursuant to Section 19, the non-defaulting party, as a condition precedent to its remedies, must give the defaulting party written notice of the default in strict accordance with the notice requirements of Section 18. The defaulting party shall have ten business days from receipt of such notice to cure the default: If the default is timely cured, this Agreement shall continue in full force and effect. If the default is not timely cured, the non-defaulting party may pursue its applicable remedies set forth in Sections 10 or 11. 10. Remedies of Seller. If Buyer defaults under this Agreement, Seller's sole and exclusive remedy shall be to retain the Deposit as liquidated damages, and cancel this Agreement with Buyer responsible for the payment of any escrow cancellation fees. The parties acknowledge that: (i) i4 would be impracticable to fix the actual damages suffered by Seller as a result of such default; and (ii) the amount of the liquidated damages represents a fair and reasonable compensation to Seller for such default. 11. Remedies of Buver. If the sale and purchase of the Property contemplated by this Agreement fails to close through no fault of Buyer, then Buyer may, at its option and as its sole and exclusive remedies, either: (a) cancel this Agreement, in which case the Buyer's Deposit shall be immediately refunded to Buyer, or (b) bring an action for specific performance of this Agreement, provided that, notwithstanding anything to the contrary contained herein, if, due to Seller's intentional or gross misconduct, the remedy of specific performance is (i) unavailable or (ii) impracticable because obtaining such remedy would increase the Purchase Price of the Property beyond the Purchase Price set forth herein or require Buyer to incur liabilities or obligations (excluding costs of enforcement) not contemplated pursuant to the terms of this Agreement (by way of example, to close would require Buyer to assume or pay off a mortgage or deed of trust that Seller placed on the Property that was not contemplated pursuant to the terms of this Agreement), then Seller shall be liable for all damages, whether in contract or tort or under any legal or equitable theory, including consequential damages, and for reasonable attorneys fees and costs. 12. Right of Entry and Inspection. At any time prior to Closing, at Buyer's sole expense, Buyer or its authorized agents may enter upon the Property for any lawful purpose, including making Inspections (as defined below) and erecting signs Buyer deems necessary. Buyer may select qualified professionals to make "Inspections" (including tests, borings, surveys, studies, inspections, investigations and interviews of persons familiar with the Property) concerning the Property, including but not limited to tests of structures, wells, septic tanks, underground storage tanks, soils, geologic hazards, utility lines and systems and environmental hazards. Buyer shall order the Inspections within 30 days of receipt of the Survey. Buyer shall keep the Property free of any liens, and repair any material physical damages to the Property arising from the Inspections. If any Inspections disclose matters unsatisfactory to Buyer, which Seller is unable or unwilling to correct at Seller's expense, Buyer may cancel this Agreement and receive a refund of the Deposit. 13. Brokerage Fees. Buyer shall be responsible for the payment of the brokerage fee or commission, payable only upon Closing, to Buyer's Broker, namely, Bond, Stephens, & Johnson, Inc. (Greg L. Johnson), in an amount equal to 6% of the first $1,500,000.00 of the Purchase Price plus 3% of the balance of the Purchase Price, but not to exceed $175,000.00 in the aggregate without specific written agreement from Buyer. The parties hereby acknowledge that Buyer's Broker represented and represents solely Buyer, and that previously disclosure was made of such representation. Both parties represent that no other broker is involved in this Agreement and each party indemnifies 597501.11 12/27/2006 the other against brokerage or commission claims arising out of the indemnifying party's actions. 14. Seller's Warranties. Seller makes the following representations and warranties which are true and accurate as of the Effective Date of this Agreement and as of Closing: (a) Seller has no knowledge of any violations of city, county, state, federal, building, land use, fire, health, safety, environmental, hazardous materials or other governmental or public agency codes, ordinances, regulations, or orders with respect to the Property, or any lands adjacent to the Property. (b) No litigation is pending, threatened or likely with respect to the Property, Seller's interest therein, or which would inhibit Buyer obtaining clear title to the Property. (c) Seller has no knowledge of any facts concerning the Property that would adversely affect the ability of Buyer to develop the Property as a retail facility. (d) The Property is not contaminated with, nor threatened with contamination from outside sources by, any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority or which is known to pose a hazard to health and safety and the Property has never been used for a landfill, dump site, underground improvements, storage of hazardous or regulated substances, or by a manufacturer of any product or for any other industrial use; provided that Seller discloses that an approximately 150' x 30' portion of the Property may contain construction debris located under a large dirt pile, consisting of stumps, concrete, and asphalt. (e) Except as disclosed to Buyer in writing, there are no unrecorded leases, arrangements, agreements, understandings, options, contracts, or rights of first refusal affecting or relating to the Property in any way. (f) Except to the extent this Agreement provides otherwise, the Property will remain in the condition existing as of the execution of this Agreement until Closing. (g) The individual signing this Agreement on behalf of Seller has the authority to bind the Seller to the agreements set forth herein. (h) Seller warrants that, as of the Effective Date of this Agreement and at Closing, municipal water and sanitary sewer mains are located in the rights-of-way of Marathon Road and the Kenai Spur Highway adjacent to the Property; provided that Buyer is solely responsible for the cost of connection to such utility mains and for any connections or hookup fees pursuant to Seller's ordinary and customary regulations and schedules applicable to its commercial customers. 15. Environmental Indemnity. Seller hereby indemnifies and agrees to defend and hold Buyer harmless from all claims, costs, liabilities, judgments or expenses resulting from any representations and warranties in Section 14(d) being untrue. Seller agrees, at its sole cost and expense, to perform all acts necessary to cause the Property to comply with all federal, state and local environmental laws, rules and regulations. Buyer may postpone Closing until Seller does so, or, postpone Closing and undertake actions necessary to fulfill Seller's obligations hereunder and receive a credit against the Purchase Price for the expenses incurred by Buyer in fulfilling Seller's duties hereunder. 597501.11 12/27/2006 4 16. Contingencies (a) Governmental Approvals. This Agreement is expressly conditioned on all approvals deemed necessary by Buyer for its use of the Property and for the construction of Buyer's planned facilities, subject only to conditions and stipulations acceptable to Buyer (the "Governmental Approvals"). Seller shall, in all ways, fully cooperate with Buyer in the pursuit of the Governmental Approvals including, without limitation, executing any application necessary to obtain each and every Governmental Approval. Buyer shall pursue the applications and processing to completion and Seller shall execute all necessary and appropriate instruments reasonably requested by Buyer which are related to the same. "Final Approval" of the Governmental Approvals shall be the date when: (i) all of the Governmental Approvals have been reviewed and finally approved by the appropriate governmental agencies, (ii) any ordinances with respect thereto have taken effect, (iii) the time has passed for appeal of all Governmental Approvals, (iv) no notice of referendum or initiative with respect to any Governmental Approval has been published or publicized and (v) any appeals or litigation with respect to (iii) or (iv) above have been prosecuted and resolved in a manner which is satisfactory to Buyer and is not subject to remand to lower courts or governmental agencies. If the Final Approval has not occurred on or before 365 days from the Effective Date of this Agreement (the "Approval Deadline"), and if the parties have not otherwise mutually agreed to extend the Approval Deadline, Buyer may, at its option, either (a) terminate this Agreement, in which case this Agreement shall be of no further force and effect, and Title Company is irrevocably instructed to return to Buyer the Deposit, or (b) waive some or all parts of this contingency, (with or without imposition of further conditions not involving additional dollar expense by Seller) at Buyer's sole and absolute discretion, and proceed with the Closing. Notwithstanding anything to the contrary, as regards all required wetlands permits, approvals or determinations of non-jurisdiction from the United States Army Corps of Engineers or other applicable governmental entities as relates to the Property (the "Wetlands Approvals"), Seller agrees to be the applicant for, to diligently process to completion and to transfer/assign any such Wetlands Approvals to Buyer in a manner specified or otherwise acceptable to Buyer; provided that Buyer will reimburse Seller, upon written request with supporting documentation, for any reasonable costs, expenses and fees incurred by Seller in pursuing such Wetlands Approvals in accordance with this Section; provided such reimbursement amount shall not exceed $10,000 in the aggregate. Buyer agrees to cooperate and provide Seller with information and support sufficient to allow Seller to submit a Section 404 wetlands permit application seeking such Wetlands Approvals. (b) Buyer shall have a 365-day period from the Effective Date of this Agreement (the "Feasibility Period") to determine the feasibility of Buyer's planned development of the Property, provided that the parties may mutually agree to extend the Feasibility Period. At any time prior to the end of the Feasibility Period, the Buyer may, for any reason in its sole and absolute discretion, cancel this Agreement and receive a refund of the Deposit. 17. Information. Within ten days after the Effective Date of this Agreement, Seller shall provide Buyer with copies of all surveys, site plans, studies, engineering reports, environmental studies, agreement pertaining to any water rights or supply, matters 597501.11 12/27/2006 G similar to the results of Inspections and other materials prepared for Seller, in Seller's possession or available to Seller relating to the Property and shall disclose in writing any other reports of which Seller is aware. If this Agreement is canceled, the information provided will be returned to Seller; otherwise, Buyer may retain the information. Seller shall disclose any material changes with respect to any information contained in this Agreement which occur prior to Closing. 18. Notices. All notices and communication shall be in writing and hand delivered or prepaid, or by Federal Express, Airborne addressed as follows: s required or permitted to be given hereunder mailed by certified or registered mail, postage Express, or similar overnight delivery service, If to Seller: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611-7794 Attention: Mr. Rick R. Koch City Manager With Copv To: Cary R. Graves City Attorney City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 If to Buyer: Wal-Mart Stores, Inc. 2001 S. E. 10`h Street Bentonville, Arkansas 72716-0550 Attention: Roger Thompson - 8703 Store #4474 With Copv To: Wal-Mart Stores, Inc. 2001 S.E. 10th Street Bentonville, Arkansas 72716-0550 Attention: John Okwubanego - 8313 Store #4474 Notice shall be deemed to have been given upon receipt or refusal 19. Closing. Closing shall occur within thirty (30) days of the expiration of the Approval Deadline, and provided all other conditions and contingencies set forth in this Agreement are satisfied, unless otherwise mutually agreed by the parties; provided that if Closing occurs (other than because of a default by Seller) after October 6, 2007, then the Purchase Price shall be recalculated as set forth in Section 33 below and in such event Closing shall be continued to allow such recalculation. Seller shall deliver to Buyer and Title Company all information and documents required of it for Closing at (east ten days prior to Closing. If Seller fails to do so, Buyer may, at its option, delay Closing until ten days after all information and documents are delivered. Each party authorizes the Title Company to prepare the settlement statements for the Closing on HUD forms, show both the Buyer and Seller columns on a single settlement statement and disclose to the other party both the Buyer's and the Seller's half of any settlement statement, pre-audit or similar closing statement. Seller shall deliver possession of the Property to Buyer at Closing. 20. Closing Costs. Notwithstanding anything to the contrary contained herein, Closing costs shall be paid as follows: By Seller (Seller hereby authorizing Title Company to deduct the following expenses from the Seller's proceeds due at Closings: (a) Title insurance examination and standard owner's policy premium. (b) Expenses of placing title in proper condition. (c) Preparation of General Warranty Deed, affidavits and any other documents required to convey title. 597501.11 12/27/2006 6 (d) Revenue stamps, transfer tax, documentary stamps or excise tax. (e) One-half the escrow fee, if any. By Buyer: (a) Recording fees. (b) One-half the escrow fee, if any. (c) Cost difference, if any, between extended owner's title policy and standard owner's title insurance policy and any endorsements for which Buyer is responsible pursuant to Section 6. (d) Brokerage or finder's fee or commission. 21. Time of Essence. Time is of the essence of this Agreement. 22. Entire Agreement. This Agreement contains the entire agreement between Seller and Buyer, and there are no other terms, conditions, promises, undertakings, statements or representations, express or implied, concerning the sale contemplated by this Agreement 23. Headings. The Section headings are for convenience of reference only and do not modify or restrict any provisions hereof and shall not be used to construe any provisions. 24. Modifications and Waiver. This Agreement may be amended only by an instrument in writing signed by both Seller and Buyer. This Agreement may be terminated only in accordance with the terms of this Agreement or by an instrument in writing signed by both Seller and Buyer. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision, nor shall any waiver be a continuing waiver. Except as expressly provided in this Agreement, no waiver shall be binding unless executed in writing by the party making the waiver. 25. Successors. This Agreement shall inure to the benefit of and bind the parties hereto and their respective executors, heirs, administrators, successors and assigns. Seller may not assign this Agreement without the prior written consent of Buyer. Buyer may not assign this Agreement without consent by Seller; provided that Buyer may assign, without consent of Seller, this Agreement to any business entity related to or under common control with Buyer, including any parent, subsidiary or affiliated company. 26. Internal Revenue Code. Seller agrees to comply with Section 1445 of the Internal Revenue Code and will complete and submit to Buyer the form attached as Exhibit B. 27. Attorney's Fees; Court Costs. In any action or proceeding arising out of this Agreement, and other than in the circumstance set forth in Section 11 above, each party shall bear its own attorney's fees, and the prevailing party shall be entitled to recover only court costs from the non-prevailing party incurred by such party in enforcing its rights hereunder. In the event of a legal dispute, the laws of the State where the Property is located shall prevail. 28. Survival. All warranties, indemnities, representations and covenants herein and the provisions of Section 8 shall survive Closing. 29. Dates of Performance. If any date for performance of any obligation hereunder falls on a Saturday, Sunday or nationally established holiday, the time for performance of such obligation shall be extended until the next business day following such date. 597501.11 12/27/2006 '] 30. Enforceability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute one and the same instrument. 32. "Put" Right. If Buyer elects to close this transaction without the Wetlands Approvals, and Buyer does not thereafter after Closing obtain the issuance of final, nonappealed Wetlands Approvals, then, on or before one year after the Closing, Buyer may elect, in its sole discretion, to give a written notice to Seller (the "Put Notice") of Buyer's election to cause Seller to repurchase the Property by paying to Buyer a payment equal to the Purchase Price (the "Put"). In the event Buyer elects to exercise the Put, the transaction shall close within ninety (90) days of the Put Notice, and be conducted in the manner set forth in Section 34(e) below. The Put shall automatically terminate in the event Buyer does not provide Seller with timely notice of its intention to exercise the Put. The provision of this Section shall survive Closing. This Agreement shall not be recorded; however, a memorandum of the Put rights afforded under this Section shall be recorded against the Property at Closing in form and content set forth as Exhibit C hereto. 33. Purchase Price Recalculation. If Closing occurs (other than because of a default by Seller) after October 6, 2007 (the "Recalculation Date"), then the Purchase Price shall be recalculated to be the "Fair Market Value" of the Property as determined by the method set forth in the succeeding paragraphs in this Section. The "Fair Market Value" of the Property for purposes of the Purchase Price under this Section shall be equal to the fair market rate for similar commercial property in the City of Kenai, Alaska (the "Relevant Area"). Seller shall give Buyer notice of Seller's estimation of Fair Market Value not later than thirty (30) days after the Recalculation Date, as evidenced and supported by the written opinion of a qualified and licensed MAI real estate appraiser (selected and paid for by Seller) familiar with the Relevant Area and who would qualify as an expert witness. If Buyer disagrees with such estimate, it shall advise Seller in writing thereof within thirty (30) days of Buyer's receipt of such estimate. If there is a disagreement on such estimation, the parties shall promptly meet to attempt to resolve their differences. If the differences as to Fair Market Value are not resolved within thirty (30) days of the date of Buyer's notice of disagreement of the initial estimate of Fair Market Value, then the parties shall submit the matter to arbitration in accordance with this Section. Notwithstanding anything to the contrary herein, Closing shall be continued to allow such determination of Fair Market Value. If the parties are unable to reach agreement on Fair Market Value during the period specified in the immediately preceding paragraph, then within ten (10) days thereafter either party may advise the other in writing of the name and address of its arbitrator. The arbitrator shall be qualified as an MAI real estate appraiser familiar with commercial property values in the Relevant Area who would qualify as an expert witness. Within ten (10) days after receipt of such notice from the initiating party (the "Instigator") designating its arbitrator, the other party (the "Recipient") shall give notice to Instigator, specifying the name and address of the person designated by Recipient to act as arbitrator on its behalf who shall be similarly qualified. The duty of the arbitrator(s) shall be to determine the Fair Market Value. The two (2) arbitrators so chosen shall meet within ten, (10) days after the second arbitrator is appointed and, if within ten (10) days after such first meeting the two arbitrators shall be unable to agree promptly upon a 597501.11 iZ27/2006 determination of Fair Market Value, they, themselves, shall appoint a third arbitrator, who shall be a competent and impartial person with qualifications similar to those required of the first two arbitrators. Where the issue cannot be resolved by agreement between the two arbitrators selected by Seller and Buyer or settlement between the parties during the course of arbitration, the issue shall be resolved by the three arbitrators in accordance with the following procedure. Each of the two arbitrators originally selected by each of the parties shalt state in writing his or her determination of the Fair Market Value supported by the reasons therefore with counterpart copies to each party (the "Determinations"). The arbitrators shall arrange for a simultaneous exchange of such Determinations. The role of the third arbitrator shall be to independently select which of the two Determinations most closely approximates his or her determination of Fair Market Value and the Determination so chosen shall be the Fair Market Value. The third arbitrator shall have no right to propose a Fair Market Value but must select one or the other Determination reached by one of the two original arbitrators. Any decision in which the arbitrator appointed by Seller and the arbitrator appointed by Buyer concur shall be binding and conclusive upon the parties. Each party shall pay the fee and expenses of its respective arbitrator and both shall share equally the fee and expenses of the third arbitrator. Each party shall bear its own attorneys' fees and expenses in connection with the determination of Fair Market Value. The arbitrators shall have the right to consult experts and competent authorities with factual information or evidence pertaining to a determination of Fair Market Value. The arbitrators shall render their decision and award in writing with counterpart copies to each party. The arbitrators shall have no power to modify the provisions of this Agreement. 34. Repurchase Riaht (a) In the event Buyer fails to either complete or to be diligently pursuing the completion of the construction of at (east a 170,000 square foot retail shopping facility the Property on the date which is four (4) years from the later of (i) the date of Closing or (ii) the issuance of final, nonappealed Wetlands Approvals (the "Completion Deadline"), subject to the other provisions of this Section including (f) and (g) below, Seller shall have the one time right (the "Repurchase Right") to repurchase the Property including any improvements by paying to Buyer a payment (the "Repurchase Payment") equal to the sum of the Purchase Price less the costs of removing or clearing liens affecting the Property created by Buyer after the Closing. (b) Seller shall give Buyer written notice of its intention to exercise said right of repurchase (the "Repurchase Notice") within thirty (30) days of the Completion Deadline. In the event Seller elects to exercise the Repurchase Right, the transaction shall close within ninety (90) days of the Repurchase Notice. The Repurchase Right shall automatically terminate in the event Seller does not provide Buyer with timely notice of its intention to exercise the Repurchase Right or in the event that Seller does not close the transaction within ninety (90) days after the effective date of the Repurchase Notice. (c) The Repurchase Payment shall be calculated as of the date of Repurchase Notice. Within ten (10) business days after receipt of the Repurchase Notice, Buyer shall provide Seller with a written notice of the amount of the Repurchase Payment. Upon receipt of such notice Seller shall have fifteen (15) days to rescind its election to repurchase the Property pursuant to this Section and, upon such recession, Seller's rights under this Section shall be of no further force or effect. 597501.11 12/27!2006 g (d) Seller's right to repurchase contained in this Section constitutes Seller's sole and exclusive remedy for any failure on the part of Buyer to complete construction on the Property. As used herein, completion of the retail shopping facility shall be deemed to have occurred once Buyer's retail shopping facility has opened for business for one day on the Property. Seller shall pay the Repurchase Payment into escrow within ninety (90) days of the Repurchase Notice. In the event the Seller fails to timely tender the Repurchase Payment, the Repurchase Right shall automatically terminate and be of no further force and effect, and Seller shall have no right to repurchase the Property under this Section. (e) In the event that the Seller complies with the provisions of this Section, Buyer shall convey title to the Property to the Seller by Special Warranty Deed in the same state as is evidenced by the title insurance policy issued in favor of Buyer pursuant to the terms hereof, subject to such reasonable easements, dedications and rights-of-way which may be required in Buyer's discretion to make beneficial use of the Property. In connection with the closing of the sale of the Property by Buyer to Seller, Buyer shall pay the expense and cost of all local documentary or revenue stamps, transfer, sale or other taxes, if any, related to the sale of the Property and for a standard form ABTA owner's title policy issued by the Title Company insuring marketable fee simple title to Seller, subject only to the matters described in the foregoing sentence. (f) Notwithstanding anything to the contrary contained herein, the date by which Buyer is required to complete construction pursuant to this Section shall be extended if Buyer's performance thereof is prevented by virtue of (i) Buyer's inability to obtain necessary governmental approvals to build, open or operate on the Property in accordance with Buyer's plans therefor, (ii) a pending referendum, (iii) by the order of a court resulting from any litigation brought by a third party to prevent or delay Buyer's development, construction or operation, or (iv) a Force Majeure (as defined below). Such extension shall be for a period equal to the actual length of such delay, together with any time reasonably required by Buyer to remobilize for construction as a result of such delay. (g) For purposes of this Agreement, "Force Majeure" shall mean any event beyond the control of Buyer, its contractors, or any entity controlled by Buyer that delays the performance of any obligation of Buyer under this Agreement despite Buyer's commercially reasonable efforts to fulfill the obligation, including without limitation by reason of acts of God, strikes, lockouts, labor troubles, civil disorder, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of Buyer (financial inability excepted). (h) It is expressly agreed that no agreement between Buyer and Seller shall be construed to contain a covenant, either express or implied on the part of Buyer to open or operate a retail shopping facility on the Property. Seller recognizes and agrees that Buyer may, at Buyer's sole discretion, choose to open a retail store on the Property or elect not to do so; and Seller hereby waives any legal action for damages or for equitable relief which might be available to Seller because of any failure of Buyer to open a retail shopping facility on the Property. (i) The provisions of this Section shall survive Closing. This Agreement shall not be recorded; however, a memorandum of the Repurchase Rights afforded under this Section shall be recorded against the Property at Closing in form and content set forth as Exhibit C hereto. 597501.11 12/27/2006 1 Q IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WAL-MART STORES, INC., a Delaware corporation By Its Assistant Vice President Date CITY OF KENAI, ALASKA By Its City Manager Date ss~so7.ii ia2~i2oos 11 EXHIBIT A TO PURCHASE AGREEMENT (Legal Description of the Property) Approximately 38.224 acres of land located near the intersection of Marathon Road and Kenai Spur Highway, in the City of Kenai, Alaska, and also described as Tract 1, Baron Park 2005 Replat (Tax Parcel No. 043-361-07). EXHIBIT A TO PURCHASE AGREEMENT 597501.11 12/27/2006 12 EXHIBIT B TO PURCHASE AGREEMENT (Form of Non-Foreign Affidavit) ENTITY TRANSFEROR Personally appeared before me the undersigned officer, duly authorized to administer oaths, ,who being duly sworn according to law, deposes and says on oath as follows: 1. The undersigned is presently the City of Kenai, an Alaskan governmental entity (the "City"). 2. The undersigned is familiar with the affairs of the Gity and has personal knowledge of the facts sworn to in this Affidavit, and is authorized on behalf of the City to make this Affidavit. 3. The City is the owner of that certain property (the "Property") described on Exhibit "A" attached hereto and by this reference made a part hereof and the City has caused to be executed and delivered that certain deed, of even date herewith, conveying the Property to Wal-Mart Stores, (nc., a Delaware corporation ("Purchaser"). 4. Section 1445 of the Internal Revenue Code provides that a purchaser of a U.S. real property interest must withhold tax if the seller is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the Purchaser that the withholding of tax is not required upon the disposition of the Property by the City, the undersigned hereby certifies the following on behalf of the Company: (a) The City is not a disregarded entity as defined in Section 1.1445- 2(b)(2)(iii); (b) The City's U.S. Employer Identification Number is (c) The Company's office address is 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, Attention: Mr. Rick R. Koch, City Manager. 5. The City understands that this certification may be disclosed to the Internal Revenue Service by the Purchaser and that any false statement contained herein could be punished by fine, imprisonment, or both. 6. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the City. 597501.11 7 2/27/2006 EXHIBIT B TO PURCHASE AGREEMENT 13 GIVEN under my hand and seal this day of , 2007. CITY OF KENAI, ALASKA By Its City Manager Sworn to and subscribed in the presence of: Notary Public My Commission Expires: [NOTARIAL SEAL] (SEAL) EXFIIBIT B TO PURCHASE AGREEMENT 597501.11 12/27/2006 14 EXHIBIT C TO PURCHASE AGREEMENT When Recorded Return To: MEMORANDUM OF PUT and REPURCHASE RIGHTS [Kenai AK #4474] This Memorandum of Put and Repurchase Rights (the "Memorandum"), effective this day of , 2007, is made by and between the CITY OF KENAI, ALASKA, an Alaska governmental entity (the "City"), whose address is City of Kenai, 210 Fidalgo Avenue, Kneai, Alaska 99611, Att: Cary R. Graves, City Attorney, WAL-MART STORES, INC., a Delaware corporation ("Wal-Mart"), whose address is Wal-Mart Stores, Inc., Store #4474, 2001 S.E. 10`" Street, Bentonville, Arkansas, 72716-0550, Att: John Okwubanego (#8313). The parties hereby give notice as follows: 1. This Memorandum is made with respect to that certain land located in the City of Kenai, Alaska, and legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). 2. Wal-Mart is the owner of the Property, having acquired the Property from the City pursuant to that Purchase Agreement (with Repurchase Right and Put Right) dated 2007, by and between the City and Wal-Mart (the "Purchase Agreement"). 3. In the Purchase Agreement, the City and Wal-Mart agreed, among other things, to certain rights with respect to the Property which survive Closing (as defined in the Purchase Agreement), namely (i) a "'Put' Right" in favor of WaI-Mart pursuant to Section 32 of the Purchase Agreement in which Wal-Mart may elect, in its sole discretion, to cause the City to repurchase the Property on the terms and conditions set forth in such Section of the Purchase Agreement (the "Put Right"), and (ii) a "Repurchase Right" in favor of the City pursuant to Section 34 of the Purchase Agreement in which the City has the one time right to repurchase the Property from Wal-Mart on the terms and conditions set forth in such Section of the Purchase Agreement {the "Repurchase Right"). 4. The parties hereto give notice of the Put Right and the Repurchase Right as regards the Property as such exist on the terms and conditions set forth in such relevant Sections of the Purchase Agreement, which relevant Sections of the Purchase Agreement are incorporated herein by reference as if fully set forth herein. A copy of such relevant Sections of the Purchase Agreement are available for inspection with either the City or Wal-Mart at the addresses hereinabove set forth. THE CITY OF KENAI, ALASKA, an Alaska governmental entity By Its City Manager 597501.11 12/27/2006 EXHIBIT C TO PURCHASE AGREEMENT 15 WAL-MART STORES, INC., a Delaware corporation By: Its Assistant Vice President State of Alaska Judicial District The foregoing instrument was acknowledged before me this day of 2007, by ,the of the City of Kenai, Alaska, an Alaska governmental entity, on behalf of the governmental entity. (Seal and Expiration Date) Notary Public State of Arkansas County of Benton The foregoing instrument was acknowledged before me this day of 2007, by , an Assistant Vice President of Wal-Mart Stores, Inc., a Delaware corporation, on behalf of the corporation. (Seal and Expiration Date) Notary Public 597501.11 12/27/2006 EXHIBIT C TO PURCHASE AGREEMENT 16 EXHIBIT A (Legal Description of the Property) Approximately 38.224 acres of land located near the intersection of Marathon Road and Kenai Spur Highway, in the City of Kenai, Alaska, and also described as Tract 1, Baron Park 2005 Replat (Tax Parcel No. 043-361-07). EXHIBIT C TO PURCHASE AGREEMENT 597501.17 12/27/2006 17 402 Overland, Kenai, Alaska 99611 phone: 907-283-7989 fax: 283-7183 email: info@kenaichamber.org www.kenaichamber.org January 26, 2007 Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Rick: ~P i'4r°'3',..~ 1 I CITY' 0`r 'v;[R,fi! The Kenai Chamber of Commerce supports the sale of land owned by the City of Kenai to Wal-Mart for the purpose of construcfing a new Super- Center. The Kenai Chamber of Commerce would like to see the terms of the sale include a fair, market-driven price for the land and recourse if Wal- Mart fails to develop the property. If you have questions or would like ad- ditional comments from the Kenai Chamber of Commerce please let me know. Sin 1y4'\--~~ Jaso Carroll, President 2007 President Jason Carroll, 1st National Batik Past. President Dr. Dennis Swarner, Kenai Vision Center Vice President Steve Hansen; Tesoro Secretary Treasurer A»wreda Feagin, Dunkin & Bush 2007 Directors. ~ItAllen, Udolhoven Penny Furnish, Stewart Title Seo# Griffith, XTO Energy GeneRaybung, SBS Durainey Rarvis, LTurainey Cranes .Tame F)dgers, Executive Director Karen Craig, Assistant m 907-283-7989 Fax:907-283-7183 email: info@kenaichamber.org www.kenaichamber. org t9 402 Overland Kenai, Alaska 99611 G~'13~1~1~>r ~f 'CAI11111+GI ~~ theu~of `~ KENA~ SKA "I/c'fla9e wit~r a Past, Gc~ wc`tti a Fat~re `° 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us MEMORANDUM TO: ~~~n /~ Mayor Porter and the Kenai City Council FROM: C 6~ Cary R. Graves, City Attorney DATE: February 2, 2007 RL: Summary of Terms and Conditions of Wal-Mart Land Sale As with the pending Lowe's sale, I thought it would be helpful to the Council and general public if I provided a summary of the terms and conditions of the proposed land sale to Wal-Mart. KMC 21.15.170 allows the sale of city land, not withstanding any other provisions of the airport land code, by negotiated sale when it finds "that encouragement of a new commercial or industrial enterprise would be beneficial to the City of Kenai." The price, terms and conditions of the sale are to be set forth in the ordinance authorizing the sale. They are included in the purchase agreement attached to the ordinance. Initially, Wal-Mart requested to lease the property. It later changed its request from a lease to a sale because they wanted certainty in the purchase price. The lease application is governed by the city code in effect prior to the recent airport land code amendments. The prior city code allowed Wal-Mart to purchase the property for fair market value after completion of their development plan (i.e. the fair market value in two years). Wal-Mart is not interested in doing the project if it cannot purchase the property. The uncertainty of what the purchase price will be two years from now is a major disincentive fox Wal-Mart's deveiopmentof the project. Wal- Martdid not want to commit millions of dollars to construction of a store when it did not know what the purchase price of the land would be in two years. Wai-Mart believes the future price of land in the area will rise due in large part because it will have built a store on the property and, therefore, spurred local business growth and real estate demand. It would be penalized financially (in terms of future purchase price) for investing millions of dollars in Kenai. When Wal-Mart initially expressed interest in leasing the property it was valued at $3,200,000. The original appraisal was dated September 26, 2005. Since the original appraisal expired after one year a new appraisal was done. The new appraisal set the price at $3,580,000. The following is a summary of teens and conditions of the sale as contained in the Purchase Agreement: 1. Price. The appraisal by Derry and Associates sets the fair market value of the property at $3,580,000. Wal-Mart has agreed to pay the fair market value of the property. If closing occurs after October 6, 2007 (the expiration date of the appraisal) the property will be re- appraised and the new purchase price will apply. The money from the sale will go into the Airport Land Permanent Fund. The corpus of the fund cannot be spent but interest from it can be used to support the airport. 2. Wal-Mart will deposit $50,000 into escrow within ten days after the effective date of the Purchase Agreement. 3. Closing shall occur within thirty (30) days of the expiration of the "Approval Deadline" unless otherwise mutually agreed by the parties. The "Approval Deadline" is 365 days from the effective date of the purchase agreement. Wal-Mart can back out of the sale without penalty at any time prior to the approval deadline. The lengthy approval deadline is needed by Wal-Mart because of time required to get Department of Transportation (DOT) highway permits, design, engineering and cost analysis and to allow the time for the City to apply for a Corps of Engineers permit for any wetlands on the property. 4. Wal-Mart agrees to complete or be diligently pursuing completion of at least a 170,000 square-foot retail shopping facility on the premises within four years from the later of the eiosing or the decision on any wetlands permit application. 5. If Wal-Mart fails to comply with the construction requirement, the City may exercise a repurchase option and buy the property including any improvements back. The re- purchase price would be the purchase price paid by Wal-Mart. If repurchase occurred, interest earned on the purchase price from the period between closing and repurchase would be retained by the city for the airport. Assuming a 5% return on the money it would generate about $179,000 per year for the airport. Additionally, Wal-Mart would pay property tax for the land prior to the repurchase that would go to the general fund. 6. The purchase agreement also provides fora "put right." That provides that if Wal-Mart closes the sale and pays for the property while the wetlands permit is pending and the wetlands permit is thereafter denied, Wal-Mal may within one year of the closing exercise the put right. This provision would require the city to repurchase the property at the same price Wal-Mart had paid for the property. 'T'his contingency was needed because Wal-Mart wants to close on the sale before the current appraisal expires, but it is reluctant to invest $3,580,000 without knowing whether a wetlands permit will be issued for the property. This way it can close on the sale and if a permit is denied then make a decision whether to continue withthe project without a permit. As above, the city would have beneficial use of the money between the closing and the put right re-purchase date. Please note that the administration does not believe a wetlands permit will be denied. Nor does denial of the permit mean the project is over. Our understanduig is that if a permit is denied Wal-Mart will evaluate whether to continue with the project on a modified basis. 7. Wal-Marl will pay the real estate commission to Greg Johnson in an amount not to exceed $175,000. 1"he City will not pay any commission in this sale. As noted above, this memorandum is intended to be a general summary of the Purchase Agreement. Please let me know if you have any questions regarding the proposed sale. E-9 CITY OF KENAY RESOLUTION No. 2oo7-oi Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO HOLIDAY COMPANIES FOR FURNISHING AND DISPENSING UNLEADED AND DIESEL FUEL. WHEREAS, the following bids was received on January 31, 2007: Furnish & Dispense at Contractor's Service Station Price per gallon to be deducted from the retail price on the da of urchase Bidder Unleaded Diesel Holida Com anies $.070 $.070 Tesoro Alaska Com an $.052 $.052 and, WHEREAS, Holiday Companies' bid For Unleaded and Diesel Fuel is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award a contract to Holiday Companies for Unleaded and Diesel Fuel for prices quoted in their bid; and, WHEREAS, the City's price per gallon for fuel will be the retail price per gallon on the day of purchase less $.070 for unleaded and $ .070 for diesel; and, WHEREAS, the term of the contract will be from February 15, 2007 to June 30, 2008, and may be extended upon mutual agreement for up to two additional one-year periods; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract is awarded to Holiday Companies for furnishing and dispensing unleaded and diesel fuel at the contractor's service station for the retail price per gallon on the day of purchase less $.070 for unleaded and $.070 for diesel. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: E-io Suggested by: Admmistranon CITY OF KENAI RESOLUT%ON NO. 2007-02 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO BIG G ELECTRIC 8r, ENGINEEERING, INC. FOR KENAI SENIOR CENTER LIGHT REPLACEMENT 2007 FOR THE TOTAL AMOUNT OF $36,965.31 WHEREAS, the following bids were received on January 31, 2007: BYDDER TOTAL Big G Electric & Engineering, Inc. $36,965.31 Kachemak Electric Co., Inc. $~F0,760.00 DeWayne Electric $65,160.00 WHEREAS, Big G Electric & Engineering, Inc.'s bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Big G Electric & Engineering, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Big G Electric & Engineering, Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Kenai Senior Center Light Replacement 2007 be awarded to Big G Electric & Engineering, Inc. for the total amount of $36,965.31. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: .~'~-.~~ E-il Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2007-03 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $25,000 IN THE GENERAL FUND FOR SHOP DEPARTMENT OPERATING SUPPLIES. WHEREAS, fuel cost increases and higher than expected utilization of shop supplies have depleted the Shop Department Operating Supplies budget; and, WHEREAS, additional funding of $25,000 is needed for operating supplies for the rest of the year; and, WHEREAS, funds are available in the General Fund Contingency account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Contingency $25,000 To: Shop -Operating Supplies $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:___ (02/01/2007) hl JAN-18-2007 THU 02 48 PN KENRI PENN BOROUGH CLERK FAX N0. 907 262 8615 KENAI PENINSULA RUG;~°1 144 N. BINKLEY ~ SQLDOTNA, ALASKA 99669•J599 /.~ BUSINESS (907) 714-2'160 FAX (907) 262-8615 C-MAIL: assem6lycierk@borough.kenai.ak.us ; "4a.-. fin'` . SHERRY BIGGS, CMG January l8, 2Q07 BOROUGH CLERK Ms. Daw.nHoll4nd-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99547-1286 Re: Application for Renewal of Liquor Licence Dear tV[s. Williams: Pleasebe advised thattla.eKenai Peninsu]aBoroughhas no objection to the approval ofthe following application(s) for renewal of liquor license(s) of the establishment(s) located wikhin the City of Kenai, Alaska: Recreational Site - 5ensonat Peninsula Oiler -'License #846 Club BPO L~lks 'Lodge X2425-License #368 The T~enai. Peninsula Borough Finance Department has reviewed its files and lxas raised no objection based on unpaid or delinquent taxes. ~ ~(. Sherry Biggs, 'C `~~ - Borough Clerlc ~j ~ • (/" cc: Applicants U ~" City of Kenai. KPB Finance Depariznent File JAN-18-2007 THU 09109 Ahl KENRI PENN BOROUGH CLERK FAX N0, 907 262 8615 P, 01/01° ICENAI t~ENINSU~A BOl~OUGH 144 N, BINKLEY SCILDOTNA, ALASKA 99669-7599 ";.r BUSINESS (907) 714-2160 FAX (907) 2G2.6G75 EMAIL: assemblyclerk~borough.kenai.ak.us ; -~ . Tanuary 18, 2007 SHERRY BIGGS, CMC BOROUt~H CLERK Ms. Dawn. Rolland-Williams Records & Licensing Supervisor Alcohol. Beverage ContTOl Board 5848 E. Tudor Road Anchorage, A1C 99507-1286 Re: Application for Renewal of Liquor Licence Dear Ms. Wi,l,liains: Please he advised that the Kenai Penuxsula Borough has no objection to the approval of the following appU,cation(s) for renewal of liquor li.cense(s) of the establishment(s) located within th.e City of Kenai, Alaska: Packs egw Store 2 Go Mart- License X4544 The I~cnai Peninsula Borough Finance Department has reviewed its tiles and has raised no objection based an unpaid or deli~aquexxt taxes, Sincerely, ~~'. ~ . Sherry Biggs,~MC Borough Clerk cc: Applicant /J~~ ~ Qlli City of ICenati (~ ICPE Finance Depamnent File '®^r. _. January 24, 2007 EI\!I PENINSULA OtJH 144 N. BINKLEY ~ SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 714-2160 FAX (907j 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor Licence Dear Ms. Williams: SHERRY BIGGS, CMC BOROUGH CLERK Please be advised that the Kenai Peninsula Borough has no obj ection to the approval of the following application(s) for renewal of liquor license(s) of the establishment(s) located within the City of Kenai, Alaska: Package Store Three Bears- # 41 18 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, She Bi s C ~' gg > Borough Clerk cc: Applicant City of Kenai KPB Finance Department File ,. ~-i AGENDA KENAI CITY COUNCIL -REGULAR MEETING JANUARY 17, 2007 7:00 P.M. KENAI CYTY COUNCIL CHAMBERS http: / /www. ci. kenai. ak. us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Dwight Kramer, Kenai Area Fishesman's Coalition -- Board of Fisheries 2008 Upper Cook Inlet Meeting. 2. Maya Johnson -- 4-H Congress Report Kirk Louthan and Becca Ford, Captains, Kenai High School Cross Country Ski Team -- Ski Trails. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. (Clerk's Note: Ordinance No. 2199-2006 was substituted, amended and postponed to January 17, 2007. The motion to adopt is active.) a. Substitute Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Set new License Kennel and Impoundment Fees, Providing for the City to Send Notices to Dog Owners of Pending Expiration of Dog Licenses and Providing for Microchip Identification of Dogs. Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (Ordinance No. 2202-2006 was postponed at the December 20, 2006 meeting. The motion to adopt is active.) 3. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. (Ordinance No. 2203-2006 received a motion to adopt at the January 3, 2007 meeting and then was postponed to the January 17, 2007 meeting. The motion to adopt is active.) 4. Continuation of Liquor Licenses -- PROTESTS • Amy Bowen, d/b/a Otte Stop Liquor • Kings Inn Property Management LLC, d/b/a Mr. D's ® Alaskalanes, Ync., d/b/a Alaskalanes Bowling Center 5. *Transfer of Liquor Lacense -- Upper Deck/Beverage Dispensary, Tourism -- From Corey, Inc. to Rosin Investments, Inc. ITEM F: MINUTES *Regular Meeting of January 3, 2007. ITEM G: UNFINISHED BUSINESS ITEM H: 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2204-2007 -- Creating the PRISM Special Revenue Fund and Increasing Estimated Revenues and Appropriations to Fund Operations for FY2007. 4. *Ordinance No. 2205-2007 -- Amending KMC 7.15.050 to Add Subsection (g) Allowing Emergency Purchasing Without Competitive Bidding. 5. *Ordinance No. 2206-2007 -- Amending KMC 13.30.010 to Reflect the Renumbering of the Traffic Violation of Negligent Driving in the Alaska Statutes. 6. *Ordinance No. 2207-2007 -- Amending the Official Kenai Zoning Map by Rezoning Tract C, Gusty Subdivision No. 2 and Tract B, Shadura Subdivision, From General Commercial (CG) to Central Commercial (CC). 7. *Ordinance No. 2208-2007 -- Amending KMC 14.20.250, Off-Street Parking and Loading Requirements. 8. *Ordinance No. 2209-2007 -- Amending KMC 14.25 to Include Four or More Dwellings in the Landscaping/Site Plan Requirements of the Kenai Municipal Code. 9. *Ordinance No. 2210-2007 -- Increasing Estimated Revenues and Appropriations by $88,450 in the Airport Fund to Fund PRISM Operations and Replenish the Contingency Accounts. 10. *Ordinance No. 2211-2007 -- Authorizing the Sale of Approximately 38.224 Acres at Tract 1, Baron Park, 2005 Replat in the City of Kenai, Alaska, and Setting Forth the Price and Other Terms and Conditions of Sale. 11. Approval -- Consent to Assignment of Leases/Consent to Assignment of Leases for Security Purposes -- Kenai Golf Course/From Morgan Family Limited Partnership to Griffin Golf Enterprises, LLC. 12. Discussion -- Under/Over-Voting Policy 13. Discussion -- Supervision of City Clerk Position. ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Comnussions and Committees a. Beautification Committee b. Alaska Municipal League Report YTEM J: REPORT OF THE MAYOR ITEM K: L City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNC%L -REGULAR MEETING JANUARY 17, 2007 7:00 P.M. KENAI CETY COUNCIL CHAMBERS htto: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING 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 ALLEGL9NCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Joe Moore, Vice Ma or Linda Swarner Bar Eldrid e Rick Ross Robert Mollo Mike Bo le Pat Porter, Ma or A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted the following information should be added to the packet: ADD TO: H-3, Ordinance No. 2204-2007 -- PRISM Annual Financial Projections MOTION: Council Member Moore MOVED amend the consent agenda by removing Item H-3 and placing it on the regular agenda. Councll Member Swarner SECONDED the motion. VOTE ON AMENDMENT: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 2 MOTION PASSED UNANYMOUSLY. MOTION: Council Member Moore MOVED for approval of the regular agenda as amended and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. VOTE: There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Moore MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Dwight Kramer, Kenai Area Fisherman's Coalition -- Board of Fisheries 2008 Upper Cook Inlet Meeting. Mr. Kramer referred to his letter included in the packet, which requested Council to support efforts to move the 2008 Board of Fisheries meeting from Anchorage to the Kenai/Soldotna area to allow additional local participation. B-2. Maya Johnson -- 4-H Congress Report Maya Johnson, 39185 Dori Lynn Street, Kenai -- Ms. Johnson gave a brief report of her trip to Atlanta, Georgia as a delegate to the National 4-H Congress and thanked the council for its financial support. B-3. Kirk Louthan and Beeca Ford, Captains, Kenai High School Cross Country Ski Team -- Ski Trails. Kirk Louthan, 36705 Chinulna Drive, Kenai -- Louthan, Becca Ford, Trent Semmens and Maya Johnson thanked the city for supporting the sport and stated KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 3 their appreciation and thanks to the City and Parks & Recreation Department for grooming the trails. YTEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2197-2006 --Amending KMC 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. (Clerk's Note: Ordinance No. 2197-2006 was substituted, amended and postponed to January 17, 2007. The motion to adopt is active.) E-l.a. Substitute Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Set new License Kennel and Impoundment Fees, Providing for the City to Send Notices to Dog Owners of Pending Expiration of Bog Licenses and Providing for Microchip Identification of Dogs. MOTION: Council Member Molloy MOVED to adopt Substitute Ordinance No. 2197-2006 and Council Member Eldridge SECONDED the motion. MOTION TO AMEND: Council Member Eldridge MOVED to remove "The fee for insertion of a microchip is $37.00." from 3.20.030(d) and place it as subparagraph (d) at 3.05.100.. Council Member Molloy SECONDED the motion. There were no public or council comments. VOTE ON AMENDMENT: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldridge Yes ~ Ross Yes Molloy Yes ~ Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 4 MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes __ ~ __ - MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (Ordinance No. 2202-2006 was postponed at the December 20, 2006 meeting. The motion to adopt is acttueJ The floor was opened for public comment. There being none, the issue was returned for council comment. Comments included: • Council should take time to review the Draft Boat Wake Study and wait to take action until after the report is finalized and the Department of Natural Resources. (DNR) makes its finding. • Educate the public. • Because no other recommendations have been made related to means and methods other than the elimination of two-stroke engines, the ordinance should be tabled and wait until recommendations are received from the Department of Environmental Conservation (DEC) and DNR. • The ordinance is proactive, the city should be careful not to cause other problems, and, the ordinance should be postponed. • The City of Kenai did not cause the problem, but the city will feel the brunt of the Category V designation; would like the city to be a leader on the issue and not a follower; doing nothing will not decrease the hydrocarbon levels in the River; and, suggestion for an ordinance to be drafted and reviewed by the Planning & Zoning Commission, to regulate private boat launches in the city. • No interest in an ordinance to restrict private launches; believes such an ordinance would be challenged; there would not be resources to enforce the ordinance; and, such an ordinance would not be a solution. • Believes the ordinance is getting the issue out in the public; if the ordinance is passed, it would push the issue along; and, the city should be a leader. KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 5 • Belief there are too many guides on the river, the ordinance would take locals with two-stroke engines off the river, and belief the hydrocarbon level was caused by a general lack of attention by the regulatory agencies. • Because the hydrocarbon level problem comes from upstream, and if the city wants to be a leader, it should suggest the river be restricted to drift only. • Would not be opposed to discuss a private land use ordinance because of the value of bringing the current ordinance forward. MOTION TO TABLE: Council Member Moore MOVED to table Ordinance No. 2202-2006 indefmitely and Council Member Ross SECONDED the motion. VOTE: MStudent Representative DeMello: Yes Moore Yes Swarner Yes Eldrid e _ Yes Ross_ __ ~ Yes__ ~ Molloy ( Yes ~ Boyle ( Yes Porter ~ Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. (Ordinance No. 2203-2006 received a motion to adopt at the Jculuary 3, 2007 meeting and then was postponed to the January l7, 2007 meeting. The motion to adopt is active.) MOTION TO AMEND: Council Member Eldridge MOVED to amend subparagraph (q) last sentence by changing "may be" to "shall be." Council Member Ross SECONDED the motion. A brief discussion followed during which comments included: • Only specific items may be deducted from a payroll check and to allow deduction of phone charges, a council member would have to give signed permission. • A set process to collect amounts owed should be used as is done for other amounts owed to the city. The council should not get involved in the process of collection. KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 6 VOTE ON AMENDMENT: *Student Representative DeMello: No Moore No Swarner No Eldrid e No Ross No Mollo No Bo le Yes Porter No MOTION FAILED. MOTION TO AMEND: Council Member Ross MOVED to amend KMC 1.15.130(c) by inserting "..., state whether such telephonic participation is pursuant to subsection (n} or (o}" after "(facsimile and/or electronic transmission include)." Council Member Eldridge SECONDED the motion. There were no council comments. VOTE ON AMENDMENT: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Mollo Yes Bo le Yes Porter Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2203-2006 as follows: • Subparagraph (h): Remove "at the member's expense" • Subparagraph (q): Remove "and/or back-up material shipping " Council Member Boyle SECONDED the motion. Discussion followed with comments including: • Concerns the presented wording was punitive. • Council should support a member having to be absent due to extended illness, etc. • There is a need for council members to be able to review the packet prior to meetings and the present wording would bar one in doing so. KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 7 • Suggestion to move the packet preparation day up by two days and inclusion of the entire packet on the city webpage. • Establish a deadline for accepting lay-down items in order to allow enough time to scan them and place on the webpage for review. • There is a cost of doing business and the City should incur the cost. • The stipend paid to council should be used to cover whatever expenses incurred when participating telephonically. • Telephonic participation is a convenience for council members. VOTE ON AMENDMENT: *Student Representative DeMello: No Moore No Swarner No Eldrid e No Ross No Mollo Yes Bo le Yes Porter No MOTION FAILED. Council Member Boyle spoke in opposition to the ordinance, noted his personal experience in using the ordinance to do the work he was elected to do, believed the additions to the ordinance made it more restrictive and added expenses, and urged defeat of the ordinance. VOTE ON MAYN MOTION AS AMENDED: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Mollo No Bo le No Porter Yes MOTION PASSED. E-4. Continuation of Liquor Licenses -- PROTESTS • Amy Bowen, d/b/a One Stop Liquor • Kings %rzn Property Managemerzt LLC, d/b/a Mr. D's • Aiaskalanes, Ync., d/b/a Alaskalanes Bowling Center Clerk Freas reported amounts owed by Alaskalanes, Inc. had been brought current and requested Alaskalanes, Inc. be removed from the list of continuation of liquor licenses to be protested. KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 8 MOTION: Council Member Molloy MOVED to protest the continuation of liquor licenses for Amy Bowen, d/b/a One Stop Liquor and Kings Inn Property Management LLC, d/b/a Mr. D's if taxes owed are not brought currently by January 31, 2007. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. E-5. Transfer of Liquor License -- Upper Deck/Beverage Dispensary, Tourism -- From Corey, Inc. to Rosin Investments, Inc. Approved by consent agenda. BREAK TAKEN: 7:55 P.M. BACK TO ORDER: 8:04 P.M. ITEM F: MINUTES F-1. Regular Meeting of January 3, 2007 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. H-3. Ordinance No. 2204-2007 -- Creating the PRISM Special Revenue Fund and Increasing Estimated Revenues and Appropriations to Fund Operations for FY2007. Item was removed from the consent agenda. MOTION: KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 9 Council member Moore MOVED to introduce Ordinance No. 2204-2007 and Council Member Swarner SECONDED the motion. There were no public comments. Council reviewed information outlining annual financial projections for the facility which was provided at the beginning of the meeting. VOTE ON INTRODUCTION: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. H-4. Ordinance No. 2205-2007 -- Amending KMC 7.15.050 to Add Subsection (g) Allowing Emergency Purchasing Without Competitive Bidding. Introduced by consent agenda. H-5. Ordinance Na. 2206-2007 -- Amending KMC 13.30.010 to Reflect the Renumbering of the Traffic Violation of Negligent Driving in the Alaska Statutes. Introduced by consent agenda. H-6. Ordinance No. 2207-2007 -- Amending the Official Kenai Zoning Map by Rezoning Tract C, Gusty Subdivision No. 2 and Tract B, Shadura Subdivision, From General Commercial (CG) to Central Commercial (CC). Introduced by consent agenda. H-7. Ordinance No. 2208-2007 -- Amending KMC 14.20.250, Off-Street Parking and Loading Requirements. Introduced by consent agenda. H-8. Ordinance No. 2209-2007 -- Amending KMC 14.25 to Include Four or More Dwellings in the Landscaping/Site Plan Requirements of the Kenai - Municipal Code. KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 10 Introduced by consent agenda. H-9. Ordinance No. 2210-2007 -- Increasing Estimated Revenues and Appropriations by $88,450 in the Airport Fund to Fund PRISM Operations and Replenish the Contingency Accounts. Introduced by consent agenda. H-10. Ordinance No. 2211-2007 -- Authorizing the Sale of Approximately 38.224 Acres at Tract I, Baron Park, 2005 Replat in the City of Kenai, Alaska, and Setting Forth the Price and Other Terms and Conditions of Sale. Introduced by consent agenda. H-11. Approval -- Consent to Assignment of Leases/Consent to Assignment of Leases for Security Purposes -- Kenai Golf Course/From Morgan Family Limited Partnership to Griffin Golf Enterprises, LLC. MOTION: Council Member MOVED for approval of the consent to assignments as presented. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-12. Discussion -- Under/Over-Voting Policy Reference was made to the information included in the packet. A general discussion took place with comments including: • Information indicated "under voted" as a race where the voter is allowed to select more than the standard one candidate and does not complete a ballot with the total number of candidates allowed. • Designation of seats (A, B, C, D, etc.) could offer a solution in that the voter is instructed to "vote for one" in each box. • Kenai City Charter designates all council seats to be at large, not at large geographically. KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 11 • Suggestion to wait until new software received by the Kenai Peninsula Borough to know whether the City of Kenai ballot may be programmed to not accept under-voted ballots and to accept under-voting from another municipality. • Consideration should be given to those voters who choose to vote for only one candidate and not be prompted by the voting machine whether they meant to under vote or misunderstood the directions and could vote for two candidates. • Consideration should be given to offer all allowable opportunities for voters in voting their ballot. • Belief that notification of an under-voted ballot is an invasion of a secret ballot. • It is the voter's responsibility to be familiar with the ballot and how many candidates may be voted in an election. MOTION: Council Member Moore MOVED to inform the Borough Clerk the city of Kenai does not want any ballots kicked out for under-voting. Council Member Ross SECONDED the motion. VOTE: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Mollo Yes Boyle Yes Porter ~ Yes MOTION PASSED UNANIMOUSLY. H-13. Discussion -- Supervision of City Clerk Position. A general discussion took place with comments including: • Council is not in position to supervise clerk position on a daily basis and the city manager could provide additional assistance to the Clerk. • By Charter, it is council's responsibility to hire, retain, and supervise the city manager, city attorney and city clerk positions; • Council does not supervise the city manager or city attorney on a daily basis either. • The current structure has worked since incorporation and council should continue supervising, hiring, retaining the city manager, city attorney and city clerk. KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 12 ® Supervision is not needed on a day-to-day basis and direction between meetings, when required, would be with the mayor or vice mayor who interact predominantly with the clerk. • Because of the varied responsibilities of the clerk position, suggestion to place the clerk position under the day-to-day supervision of the city manager when the issue is clearly administrative and not council business. • Burden falls with the council to make the supervision of the position work between the Charter and Code; make no changes to the Code or Charter. • City Attorney was requested to contact other clerks who are hired by councils to learn who is their supervisor between meetings. Include the responses as an informational report. ITEM I: I-1. Council on Aging -- Council Member Molloy noted the meeting summary was included in the packet and reported on actions taken. I-2. Airport Commission -- Council Member Molloy reported there was no January meeting held. Y-3. Harbor Commission -- City Manager Koch reported he attended the work session between the Harbor Commission and Parks &, Recreation Commission which was called to discuss the possibility of combining the commissions. He noted, the commissions felt the two entities had different missions and a combining of the two would not be a good fit. It was suggested the Parks & Recreation Commission and Beautification Committee would be more suitable for combining. Council requested other commissions/committees be contacted as to suggested changes to the current meeting policy for council's approval. I-4. Library Commission -- Council Member Swarner reported the meeting summary of the January 9, 2007 meeting was included in the packet. She also noted Bob Peters was elected Chair and Eileen Bryson Vice-Chair for 2007. I-5. Parks & Recreation Commission -- Council Member Moore reported the Commission met in a work session with the Harbor Commission. Notice has been forwarded to the Commission members and members of the Beautification Committee to hold a work session immediately prior to the February 1, 2007 Parks & Recreation Commission meeting to discuss possible combination of the two entities. I-6. Planning & Zoning Commission -- Council Member Ross noted the meeting minutes were included in the packet. Ross requested an explanation of the parking ordinance be included in the next council meeting packet. KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 13 I-7. Miscellaneous Commissions and Committees 1-7a. Beautification Committee -- Councff Member Swarner the Committee will meet in a work session with the Parks & Recreation Commission on February 1 at 7:00 p.m. I-7b. Alaska Municipal League Report -- Councff Member Swarner reported the Legislative Committee would be meeting in Juneau during the next week, along with the Alaska Conference of Mayors. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • Thanked administration for the year-end building permit reports. • Will be attending the Alaska Conference of Mayors meeting in Juneau, January 23-24. • Noted interest in expanding the cemetery property. Council stated no objections in moving forward with the issue. ITEM K: K-1. City Manager -- City Manager Koch reported the following: • A waiver request for arsenic limits in water was submitted to the Department of Environmental Conservation. He believes the waiver will be approved. • Sent a letter to John Faulkner at Kenai Landing who has requested the development of a community water/sewer system in that area. Koch explained the letter was not very supportive of the concept. • Asked if Councff wants to pursue a proposal to the Board of Fisheries regarding means and methods related to the river pollution issue. Because a draft regulatory change would be needed for submittal, it was suggested administration work with DEC and DNR to assist in drafting the change. It was also suggested the city tag onto another group to work the change through. • He attended the January 11, 2007 Kenai River Special Management Area Board Meeting. • The budget process had begun with initial review of personnel change requests. • An employee appreciation breakfast was held where certificates recognizing five, ten, 15, 20, and 25-year employment with the City were distributed. • Questions for the scientific poll will be presented to council at the next meeting for council's feedback. • He plans to travel to Juneau in mid-February to discuss the city's agenda to legislators. Other comments included: KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 14 Koch was requested to move forward with reapplication for a VISTA position. • Discussion will be held related to hosting of a dinner for the CityLinks Russian visitors. • Administration will contact the Kennel Club to discuss issues they may have related to the placement of a dog park adjacent to the soccer park development. K-2. Attorney -- City Attorney Graves reported the following: • The new Legal Department Administrative Assistant, Lee Salisbury would begin work in the next week. • The code for the Airport Reserve and non-reserve lands had been rewritten. A erminal lease policy for leasing terminal space will be written next. • A check in the amount of $122,000 was received from the Bankruptcy Court related to the Inlet Woods issue. • A memorandum related to the Wal-Mart purchase agreement would be included in the next packet. A brief discussion took place related to the consultant's recommendation the Airport Commission be elevated to adecision-making entity to manage the airport. It was suggested a work session be held to discuss the issue further. Graves was requested to research restricting access to the Kenai River with zoning powers and placed as a discussion item on the next meeting's agenda. K-3. City Clerk -- No report. ITEM L: DYSCUSSYON L-1. Citizens Robert Ruffner, Executive Director/Kenai Watershed Forum -- Mr. Ruffner noted the following: • Supported placing e-packets on the webpage. • It was a foregone conclusion the River would end in Category V status; the comments received by DNR related to motor size were much different than those expressed at their meeting; and believed it would be unlikely the Board of Fisheries would address the pollution issue. Discussion followed related to holding a joint meeting with Soldotna and Kenai representatives on the issue and it was suggested to wait until Attorney Graves' restricting access to the river opinion was received. L-2. Council KENAI CITY COUNCIL MEETING JANUARY 17, 2007 PAGE 15 Ross -- No comments. DeMello -- No comments. Eldridge -- No comments. Swarner -- • Noted the Library Commission discussed budget issues, including the proposed book budget. • She will be traveling to Juneau February 11, 12, 13, 2007. Moore -- • Welcomed Council Member Boyle back to Kenai. • Noted his concern with commission/committee attendance and suggested compensating members for attending meetings. Requested funds to be included in the Legislative budget. Boyle -- Thanked administration, citizens and the Council on Aging for their assistance and patience while he was away caring for his son. Molloy -- Encouraged support of the library; welcomed Council Member Boyle back; and thanked Council Member Swarner for offering to host a dinner for the CityLink representatives. -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:45 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory cotes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council cote and shall not affect the outcome of a cote. Advisory notes shall be recorded in the minutes. Student representatives may not moue or second items during a council meeting. N-I r Z ~ ~ o N ~ ~ o Vi ~ (O h ~ (O W r- M N aD 'd Q CD M ~ M V W U Z K U7 ~ Z z = ~ ~ ~ w_ ~ w p J J J F- 1- 4 ~ 6 ~ > N Z W iK O O O O Q O p O > > > >- h 4 U t% W U F- ~ ? a J In U ? O U ~ ~ o ` p ~ ~ ° ~ ~ W n ~ ~ d } ~ 4 ~ K v ~ ~ ~ F- V ~ U ~ ~ m > Z > Z ~ U W ~ O LL -4i ti C9 W o w a 0 o .. 0 O c? ~ U' ~ O {~ ~ p U U ~ ~ <n ~ ~ °~ z a z ~ r - ~ z 2 w z ~ o 4a W r, v n . ~ ¢ w ~ W d ~ U } d U V W = a O a a a a J U Z Q U g W W Z ti U N `z ~ ~ O Q °o = o a rxs" [q ~ ~ w d u. ~ O ~ ~ W ~ a h '~ w w Q J ~ O a. U o h o 0 0 0 o ~ 0 0 0 0 O M O O Q d ^ W tq to (V G. O O W N i N N M N h Z d W K w C7 z H o d J o m W h Z W U K O Z W K U 0 0 ? ~ a w n a Z O a W U O ~ w s U K a c~ z N w W W ~ ~ w ~ U Z 2 W O O O O O O O O (O M O W C] O O O l[1 01 ~ O I~ 7 V r O ~- ar .- Z O F ~ W ~ y Z ~ ° ~ ~? ~ rti z J ~(. tq Q It ~U 4' Q ~_ X Q F- er J J w N J ~ O ~ J ~ 0. = W 0. ~ Q N 0 1- (n Q ~ '} Q O _ Z J = ~ -t a ~ C.4 w ~ x V z w ~ d ~ W ~ ~ Q ~ ~ tq Z O r w ~ ~ m J 4. ~ w _ ~ Z ~ w ~ U ~ W o ~ Y Z J _ O Q Z ~ x ~ ~ N-z Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2212-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the State of Alaska has provided a Continuing Education grant in the amount of $1,000; and, WHEREAS, the grant is to be used to attend a cataloging workshop. 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: State Grants $1,000 Increase Appropriations: Library -Transportation $1,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 7, 2007 Adopted: February 21, 2007 Effective: February 21, 2007 Approved by Finance:__ (02/01/2007) hl N -'f Suggested by: Auuuui~u auvu CYTY OF KENAI OItD%NANCE NO. 2213-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,000 IN THE GENERAL FUND TO PURCHASE A DIP NET PAY SHACK. WHEREAS, the City of Kenai received restitution in the amount of $2,000 for damage to a dip net pay shack; and, WHEREAS, the building needs to be replaced before summer. 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: Restitutions $2,000 Increase Appropriations: Parks -Small Tools & Minor Equipment $2,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 7, 2007 Adopted: February 21, 2007 Effective: February 21, 2007 Approved by Finance: (02/01/2007) hl I}-5 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2214-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $39,000 IN THE GENERAL FUND SHOP DEPARTMENT TO REBUILD A LOADER. WHEREAS, it is the policy of the City of Kenai to rebuild heavy equipment rather than purchase new equipment; and, WHEREAS, a loader recently lost a transmission and was scheduled for rebuilding both the engine and transmission next year; and, WHEREAS, the equipment is currently out of service and impacting the Street department operations; and, WHEREAS, funds are available in the General Fund fund balance. 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: Appropriation of fund balance $39,000 Increase Appropriations: Shop -Repairs and Maintenance $39,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2151 day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 7, 2007 Adopted: February 21, 2007 Effective: February 21, 2007 Approved by Finance: ~02/0l/2007~ hl "VclCa e wLt~ a pmt c~ wets .9 - ~' ~~~` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~ Telephone: (907) 283-7535 /Fax: (907) 283-3014 -- '- wwvv.ci.kenai.ak.us ttieu'yof' KEN U SKA Memorandum Date: January 26, 2007 To: Rick Koch, City Manager From: Kim Howard, Assistant to the City Manager ~/~ RE: Lot 7, Etolin Subdivision, 2"d Addition/DEHR-JV Company (I) Co~asents to Subleases (2) Amendment to Lease Kenai Property ivlanagement Services, on behalf of lessee DEHR-JV Company, has requested consents to subleases for three of their tenants, B & C Supply, Jersey Subs and Thai Town restaurant. The property is outside of the Airport Reserve and is a 55-year lease, expiring in 2033. The lease states subleases need to be approved by the Kenai Planning Commission with final approval of transfer by the City Council. The proposed subleases are attached. As the older leases have come up for assignment or sublease, we have taken the opportunity to make amendments to update the lease: Also, attached is an amendment incorporating the following revisions. Covenant 4, theassignment/sublease clause, to incorporate the language the City Attorney is proposing in the new lease form. This lease currently requires every sublease to go to the Planning and Zoning Commission for approval. 2. Covenant 17, updating the insurance requirements, from $500,000 to $1,000,000. Putting the lease on a rate adjustment cycle to years ending in zero and five. (In this instance, the next renegotiation would be in the year 2010 instead of 2008.) The parties are in compliance with the City. Borough property taxes are owed in the amount of $2,880.04 and will be paid at closing. Memo to City Manager January 26, 2007 Page 2 of Z The City Attorney has reviewed the documents and has no objection as to the forms. If Council approves the amendment and subleases; the Amendment to Lease and Consents to Subleases can be executed. Cc: Dennis Linnell, DEHR-JV Kenai Property Management Services Rebecca Cronkhite, Airport Manager Attachments non AMRNDMRNT Tn T,FASF, That certain lease recorded on June 26, 1978 and in Book 127, Page 58, between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 and B & C Supply Corporation, and subsequently assigned to DEHR-JV Company, whose address is 37283 Piper Place, Soldotna, Alaska 99669, encompassing the following property located in the Kenai Recording District, Third .Tudicial District, State of Alaska: Lot Seven (7), Etolin Subdivision, Second Addition, according to Piat No. 73-31 is amended to reflect that the lease is hereby modified as follows: Covenant 3. A SSTC'.NMF.NT nR ST iRT.F.TTTNC.: Lessee with City's prior written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. Amendment to Lease - Page 1 of 3 Covenant 17 is hereby modified to increase the Comprehensive General Liability Combined Single Limit (Bodily Injury and Property Damage) to $1,000,000. In order to change the five-year lease rate adjustment cycle to years ending in zero and five, the next lease rate adjustment shall be performed in 2010 rather than 2008. Thereafter, the lease rate adjustments as set out in Section D.10 shall be done every five years. Dated this day of , 2007. LESSOR: CITY OF KENAI By: Rick R. Koch, City Manager LESSEE: DEHR-JV COMPANY By: Approved as to form: Cary R. Graves, City Attorney Amendment to Lease - Page 2 of 3 STATE OF ALASKA ) )ss THIRD NDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2007, Rick Koch; City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD NDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2007, ,being personally known to being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary azrd authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 9961 I Amendment to Lease - Page 3 of 3 KENAI PROPERTY' MANAGEMENT SERVICES, INC. 270 S. Willow Street Kenai, AK 99611 SUB-LEASE OF BUSINESS PREMISES AGREEMENT THIS AGREEMENT OF LEASE, made and entered into by and between the undersigned Paveenut Soear dba: Thai Towo , hereinafter called LESSEE, agrees to rent from KENAI PROPERTY MANAGEMENT SERVICES, INC. (KPMS), REPRSENTATIVE LICENSEE of the OWNER the premises located at 106 S. WILLOW STREET UNIT 2 KENAI ALASKA beginning on February 1.2007 on a TWENTY-FOUR MONTH lease tenancy upon the following terms and conditions: PROVH)ED, that the LESSEE shall have an option to renew this lease for TWO additional TWENTY-FOUR MONTH periods as herein contained, excepting [he options to renew and excepting furthee that, upon exercise of the options, the rental far the renewed term shall be negotiated and established at an amount which is in accordance with [he prevailing rental rates in the area for similar properties at similar terms. PROVIDED, that the LESSEE shall have the right of first refusal on any sale offer. Any sale price shall be determined by an independent appraisal of the property or the Kenai Peninsula Borough assessment whichever is agreeable to both parties. PROVH)ED, that the agreement is subject to the terms of attachment SUBORDINATION, ATTORNMENT AND NONDISTURBANCE AGREEMENT. PROVIDED, that the lease is subject to approval by the City of Kenai 1. RENT: The monthly rental of $~. I plus S_. _ _ _ sales tax is due on or before the I" day of each ra[endar month and payable to KENAI PROPERTY MANAGEMENT SERVICES (KPMS), or to such other party or at such other place as the. OWNER may designate. In the event the rent shall commence on any day other than the first day of the calendar month, 46e rent shall be collected for the full month and prorated for the following month. ***** Due to security reasons KPMS does NOT accept cash for~ravments. *'~*** 2. PROVISIONS: The amount above includes -Roof maintenance and necessarv snow removel Does NOT include: Utilities as natural eas service. electrical service- retenhn„a sP,,,;~~ n~mn~ ..,~t~~ ~nr tee..,,, LESSEE shall immediately insure that alt utilities which are not included, be transferred to their name. 3. USE: LESSEE agrees that the premises are to be used and occupied by LESSEE only for the business use as stated. 4. DEPOSIT: TENANT agrees to pay the sum of $ 1 as a security deposit for the performance of LESSEES obligation hereunder to including cleaning and damages of the premises. This deposit does not limit OWNER or his REPRESENTATIVE LICENSEE'S rights or LESSEES obligations. 5. DEPOSIT REFUND: This deposit wilt be returned to the LESSEE by the OWNER or his REPRESENTATIVE LICENSEE upon termination of the tenancy, provided that there has been compliance with all of the provisions of this rental agreement. Any amount required for cleaning or repairs of damage to the premises or furnishings, loss of keys or other breach hereof, based upon the inspection of the premises prior to occupancy and after vacating the premises. Such amount of the deposit as is necessary to pay for cleaning the premises, or repairs of such damage, or required to remedy such breach shall be retained by [he OWNER or his REPRESENTATIVE LICENSEE and the balance with a statement of charges remitted to the LESSEE within I4 days. 6. LATE CHARGE: PMS Rev 01/2007 Page 1 of 3 Tenant Initials~~_ ' (Fon) 283-2015 (Email} kpms@ak-rep.com (Fax) 263-2017 T•d F.n TRRR7/.na •-lnvJ ~lulc~ -,uvv .-tYh •rvn ,n ..,. ,~e.. It is understood that the total rent is due an the first (1" 1 day of each month. If rent is not received by the fifth (Sail day of the month or if the check is returned for insufficient funds, there will be a 2S S.OO Late charge plus 2$ 5.00 NSF fee in addition to the full amount of the rent. An additional late fee of 55.00 per day beginning on the seventh (7`a) will accrue until the rent and late fees aze paid current. 7. NOTICE TO CONTINUE LEASE: LESSEE understands that a written thirty-day notice is to be delivered to the OWNER or his REPRESENTATIVE LICENSEE if the LESSEE wishes to extend the existing lease period subject to OWNERS approval. The OWNER or his REPRESENTATIVE LICENSEE will take calls between the hours of 9:00 A.M. & 5:00 P.M. Monday through Friday a[ 270 S. Willow Street, Kenai. S. CONDITION: LESSEE accepts the premises in its present condition. 9. LIABILITY: All personal property in [he premises shall be at the risk of the LESSEE. OWNER or his REPRESENTATIVE LICENSEE shall NOT be responsible for any damages to person or property sustained by LESSEE or others due to the building in which Che premises is situated or any part or appurtenance thereto becoming out of repairs, or for any act or neglect of, CO-LESSEE or other occupants of said building, or due to the happening of an accident from whatsoever cause in and about said building. LESSEE shall save and keep OWNER and his REPRESENTATIVE LICENSEE harmless from any and all claims, damages and suits for property damage or personal injury on account of any defects in said premises now or hereafter occurring. LESSEE provide an pay for any contents/inventory insurance and any taxes levied on thos items of personal property, LESSEE shall carry liability insurance in the amount of $1,000,000 10. MAINTENANCE: -_~ - LESSEE shall maintain the premises in good order aad in clean and sanitary condition. Smoke detectors are to be maintained by LESSEE. LESSEE further agrees that, upon termination of Cenancy, he shall surrender all keys} and leave said premises clean and in as good condition as it is now, excepting for reasonable wear and tear thereof. 11. REPAIRS: If repairs of damage or replacement of lost or missing items of furnishings or equipment, cleaning or painting are required to restore the premises to the condition of said property on the effective date of this agreement (less reasonable weaz and tear), the cost of such ~` repair, replacement and/or cleaning shall be paid by the LESSEE to OWNER or his REPRESENTATIVE LICEIv'SEE immediately upon demand, less the amount of said deposit. Lessee shall be liable for any damage [o property due to utilities being shut off due to non payment or any other reason. 12. ASSIGNMENT: LESSEE may not assign this agreement nor sublet the premises of any part thereof without written consent of the OWNER or his REPRESENTATIVE LICENSEE. 13. ALTERATIONS: LESSEE will pay any and all expenses for cleaning, remodeling, painting and any other coststo facilitate star-up of LESSEE'S business. 14. ACCESS: LESSEE shall allow OWNER or his REPRESENTATIVE LICENSEE access at all reasonable times to said premises for the purpose of inspection, to make necessary repairs or improvements, to show said premises to prospective purchasers and mortgagees of the premises or to any other person's having a legitimate interest therein, 15. REMOVAL OF PROPERTY: If the premises is vacated by LESSEE, OWNER or his REPRESENTATIVE LICENSEE may re-enter the premises and remove all personal property from the premises, place it in other storage at the expense of the LESSEE and re-rent said premises without liability for any loss, damage or theft of said personal property. 16. GOVERNMENTAI, REGULATIONS• LESSEE shall comply with any government rules and regulations shown as relevant to this agreement and any additional rules applicable to said premises or the use thereof. © KPMS Rev 01/2007 Page 2 of 3 Tenant Initial~~'' (Fon) 283-2015 (Email) kpms@ak-rep.cam (Fax) 283-2017 Z-d EOTBEBELOS 'd0?Jd 31H1S3 ~d321 dS0~E0 LO OE ~@C 17. ATTORNEY FEES: If legal action is taken to enforce any terms of this agreement, LESSEE agrees to pay all costs, expenses and attorney's fees incurred by OWNER of his REPRESENTATIVE LICENSEE by reason of default or breach by LESSEE. RECEIVED FROM THAI TOWN ,LESSEE the Burn of ~,>~ -Q" Y.,u..Y: ! Y. y~Pll (ti f" ~r i Y{~til~Y~ ~; k l+e 1 1>_1 t s i ¢ " (' ~ DOLLARS ($1~3 ~ ~~ )~ ~~ in [he form of •Check Rent from Z ~ to ~ Sales Tax -% of rents $ Security /Cleaning Deposit $ ~L~y"'~ Other $ __ / _ ~~ f TO AL 'EIC V ',~. By f _~.-.~ KENAi'1?EfJP-ERTY-MG1"3VCS AGENT 270 S. WILLOW STREET KENAI AK 99611 N 907283 2015 FAX 907 283 >017 Email KPMS~AK-REP COM •Othet Dl1E $ 13rii~ $ 2S l RECEIVED $ / 3C) ~ $_ .~."7 $ S~~ $ t $ $ x ~/.i'c.c vhf r~'.Grt__~"'-" ZLessee Signature) // (Co-Lessee Sienamre} -~t%IL~~L~I~-F5. (Printed Name) (-.~ og I ct al ~1-~y~PO sox n) JQ- f~ Q/ (GtylStatelZip) ~~ {Phone) / ~~) (L•mail address) PM # `PMS Rev 01/2D07 Page 3 of 3 (FOn) 283-2015 (Email) kpms@ak-rep.com Tenant Initials {Fax) 283-2017 F°d f_DTBEBZL06 'd021d E1F91SH ~F33?1 d50=E0 LO OE ~eC SUB-LEASE ®F BUSINESS PREMISES AGREEMENT THLS AGREEMENT OF LEASE, made and entered into by and between the undersigned, JERSEY SUBS INC. an "~` askan Corporation, hereinafter called LESSEE, agrees to rertt from KENAI PROPERTY MANAGEMENT SERVICES (KPMS}, REPRESENTATIVE LICENSEE of the OWNER the premises located in the SOUTH ONE QUARTER (containing yy ,, 2000 square feet more or less) of the commercial building located at 1.06 SOUTH WILLOW STREET, KENAI, beginning on `~L~ APRIL 1, 2006 on a SIXTY MONTH lease tenancy upon the following terms and conditions: ~~ f T~ PROVIDED, that the LESSEE shall have an option to renew this lease for TWO additional SIXTY MONTH periods as herein contained, excepting the options to renew and excepting further that, upon exercise of the opions, the rental for the renewed term shall be negotiated and established at an amount which is in accordance with the prevailing rental rotes in the area for similar properties at similar terms. PROVIDED, that the LESSEE shall pave the right of first refusal on any sale offer. Any sale price shall be determined by an independent appraisal. of the property or dte Kenai Peninsula Borough assessment whichever is agreeable to both parties. PROVIDED, that the agreement is subject to the terms of attachment SUBORDINATION, ATTORNMENT AND NON- DISTURBANCE AGREEMENT. PROVIDED, that the sublease is subject to approval by the City of Kenai. 1-RENT: The monthly rental is .)plus TWENTY FIVE ($25.00) sales tax due and payable on or before the 1st day of each calendar month to the OWNER or his REPRESENTATIVE LICENSEE at a place designated. "-PROVISIONS: ~{ the amount above includes public water and sewer service, roof maintenance and necessary snow removal, ~ f ~ ~~( Does not include: Utilities as natural gas service, electrical service, telephone service, garbage or snow removal (snow removal will be billed aT 25% of the total cost to be paid by tenant). 3-USE: LESSEE agrees Lhat the premises are to be used and occupied by LESSEES only for the business use as stated. 4-DEPOSIT: LESSEE agrees to pay the sum of $ s a security deposit for the performance of LESSEE'S obligation hereunder including cleaning and durrages of the premises. This deposit does not fimit the OWNER or his..REPRESENTATIVE LICENSEE'S rights or LESSEES obligations 5-DEPOSIT REFUND: This deposit will be returned to the LESSEE by the OWNER or his REPRESENTATIVE LICENSEE upon termination of the tenancy. Tltis refund is provided there lras been compliance with all of the provisions of this rental agreement Arty amount required for cleaning of, or repair of damages to, the premises or furnishings, loss of keys, or any other breach hereof, based upon the inspection of the premises prior to occupancy and after vacating the premises will be deducted. Such aznount of the deposit as is necessary to pay for cleaning the premises, or repairs of such damage, or required to remedy such breach shall be retained by the OWNER or Iris REPRESENTATIVE LICENSEE and the balance remitted wish a statement of charges to the LESSEE within 14 days. LEASE AGREEMENT 0206 TENANT INITIAL ~-~ " //~~PAGE 1 OF 3 6-LATE CHARGES: 1t is understood that if the total rent is due on the first (1st) day of each montlL If the rent is not received by the filth (5th) day of the month, or if the check is returned for insufficient funds there will be a $25.00 late charge in addition to the full amount. of the rent. An additional late fee of $S.OO per day will aceme until the rent and any late fees are paid current. 7-NOTICE TO CONTUNUE LEASE: LESSEE understands that a written thirty-day notice is to be delivered to the OWNER or Ms REPRESENTATIVE LICENSEE if the LESSEE wishes to extend the existing lease period subject to OWNERS approval. The OWNER or his REPRESENTATIVE LICENSEE will take calls between the hours of 9:00 A.M. & 5:00 P. M. Mondaythough Friday at 270 South Willow Street, Kenai. 8-CONDITION: LESSEE accepts the premises in its present condifion with the following exceptions: SEE ATTACHED STATEMENT OF PROPERTY CONDITION and /or; 9-LIABILITY: All personal property in the premises shall be at the risk of the LESSEE. The OWNER or his REPRESENTATIVE LICENSEE shall not be responsible for any damages to person or property sustained by LESSEE or others due to the building in which the premises is situated or any part or appurtenance thereto becoming out of repairs, or for any act or neglect of, CO-LESSEE or other occupants of said building, or due to the happening of an accident from whatsoever cause in and about said building. LESSEE shall save and keep the OWNER and his REPRESENTATIVE LICENSEE hamrless fmm any and all ckrims, damages and suits for property damage or personal injury on account of any defects in said premises now or hereafter occurring. LESSEE shall provide and pay for any contents/inventory insurance and any taxes levied on those items of personal property. LESSEE shall carry liability inc~,rance in the amount of $1,000,000.00. LESSEE 10-MAINTENANCE: LESSEE shall maintain the premises, in good der; and in clean and sanitary condition. LESSEE further agrees that upon termination of tenancy, he shall surrender _~,,_ key(s), and leave said preauses clean and sanitary and in as good condition as it is now in, excepting for reasonable weaz and teaz thereof. 11-REPAIRS- If any repairs of damage or replacement of lost or missing items of furnishings or equipment, cleaning, or painting are required to restore the premises; including all personal property, to the condition of said property on the effective date of this agreement (less reasonable wear and teaz), the cost of such repair, replacement and/or cleaning shall be paid by the LESSEE to the OWNER or his REPRESENTATIVE LICENSEE immediately upon demand, less the amount of said deposit LESSEE shall be liable for any damage to property due to uffiifies being shut off. Due to non-pa}nnent or for any other reason. 12-ASSIGNMENT: LESSEE may not assign this agreement nor sublet the premises or any part thereof without written consent of the OWNER or his REPRESENTATIVE LICENSEE. 13-ALTERATIONS: LESSEE will pay any and all expenses for cleaning, remodeling, painting and any other costs to facilitate start-up of LESSEE' S business. Modifications shall include but not be limited to installation of drive up window per a proval of code of the City of LEASE AGREEMENT 0206 TENANT iNl'l IAL ~ C'y PAGE 2 OF 3 Kenai. LESSEE will install a stand alone walk-in freezer unit on the back of the lot at a site to be determined by a survey of the property paid for by die LESSEE. LESSEE will paint or make any alterations to the premises wide written consent of dre OWNER or his REPRESENTATIVE LICENSEE. -ACCESS: LESSEE shall allow die OWNER or his REPRESENTATIVE LICENSEE access at all reasonable times to said premises for the purpose of inspection, or to make necessary repairs or improvements. 15-REMOVAL OF PROPERTY: If the premises is vacated by LESSEE, dre OWNER or his REPRESENTATIVE LICENSEE may re-enter the premises and remove all personal property from die premises, place it in storage at the expense of the LESSEE, and re-rent said premises without liability for any loss, damage, or treft of said personal property. 16-GOVERNMENTAL REGULATIONS: LESSEE shall comply with any govemment rules and regulations shown as relevant to this agreement and any additional rules applicable to said premises or the use thereof. 17-ATTORNEY'S FEES: If legal acton is taken to enforce any of tie terms in this agreement, LESSEE agrees to pay all costs, expenses, and attorney's fees incurred by the OWNER or his REPRESENTATIVE LICENSEE by reason of default or breach by LESSEE. RECEIVED FROM: JERSEY SUBS. INC. ,LESSEE, the sum of $ deposit. rent and tax. from through Security Deposit: $: Sales Tax: 5% of 1" $500.00 = $ 25.00 For OWNER by h}~lt~f'RTSENTATIVE LICENSEE KENAI PROPERTY MANAGEMENT SERVICES 270 SOUTH WILLOW STREET KENAI, ALASKA 99611 FON (907) 283-2015 FAX (907) 283-2017 E-MAII,: kpms@ak-rep.com -. form of (~ C ~-~ C.~ ~a~s~ ~ DUE .RECD 4 $ - '~ ~ ~ Chris F ~ ^al Guaz r ~i~l~'l~Dn^. /AB~;~2 Kathleen Musick, rersonal Guarantor PO BOX 242 KASILOF, AK 99610 FON (907} 260 3343 FAX (907) 260 5413 E-Iv1AIL, **** LESSEE SHALL NOTIFY OWNER OF FUTURE ADDRESSlPHONE NUMBER CHANGES **** ~ s ""~~/s LEASE AGREEMENT 0206 TENANT INITIAL, ~-~j,~~i~~' Y~AGE 3 OF 3 SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE AGREEMENT NOTICE: THIS SUBORDINATION, ATTORNMENT AND NON-DLSTURBANCE AGREEMENT RESULTS IN YOUR LEASEHOLD INTEREST BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE AGREEMENT ("AgreemenT"), dated as of 02 4 2006, between DEAR, a Joint Venture Company ("Lessor /Owner") and JERSEY SUBS Inc, an Alaska Corporation ('Tenant"), is as follows: Owner and Tenant have entered into that certain Lease dated 2006, together with airy amendments, modifcations, renewals or extensions thereof ("Lease") pursuant t which Owner leased to Tenant and Tenant leased fmm Owner the premises more particularly described ta the Lease ("Premises")and that portion of the SOUTIi ONE QUARTER of the commercial building located on the real property described in 106 WILLOW STREET, KENAI, ALASKA. 1. Subordination. The Lease is and at all times shall. continue to be subject and subordinate to any Note and the lien of any. Deed of Trust and to all advances made or to be made thereundee and to any renewals, extensions, modifications or replacements thereof, unless Beneficiary has filed a notice subordinating the lien of its Deed of Trust to the Lease. Beneficiary specifically reserves the right to file such a notice at its sole election Tenant shall not subordinate the Lease to any lien, claim, mortgage, deed of trust, or other encumbrance of any kind, except as provided in this pamgmph, and any such other subordination shall be deemed a default under the Lease and this Agreement Tenant agrees to execute and deliver to Beneficiary or to any party to whom Tenant hereby agrees to attorn, in form and substance satisfactory to such parry, such other instnmient as either shall request in order to effectuate the provisions of this Agreement. 2. Limitation on Liability. Nothing herein contained shall impose any obligation upon Beneficiary to perform any of the obligations of Owner under the Lease unless and until Beneficiary shall become an owner or mortgagee in possession of the Premuses, and Beneficiary shall have no personal liability to Tenant beyond Beneficiary's interest in the Secured Property. 3. Attomment. In the event of a foreclosure or other acquisition of the Premises (including, without limitation, by deed in lieu of foreclosure), the Lease shall be recognized as a direct lease from the Beneficiary, the purchaser at the foreclosure sale, or arty such subsequent owner (collectively referred to as "Purchaser"), except Purchaser shall not be (i) liable for any previous act or omission of Owner under the Lease; (ii) subject to any offset which shall theretofore have accrued to Tenant against Owner; (iii} subject to any obligation with respect to any security deposit under the Lease unless such security deposit has been physically delivered to Purchaser; or (iv) bound by any previous modification or prepayment of rents or other sums due under the Lease greater than one month unless such modification or prepayment shall have been expressly approved in writing by Beneficiary, which approval shall not be unreasonably withheld. 4. Non~isturbance. So long as no default exists (after notice, if any, required by the Lease) as would entitle Owner under the Lease to terminate the Lease or would cause, without any further action of Owner, the termination of the Lease or would entitle Owner to dispossess Tenant thereunder, the Lease shall not be terminated nor shall Tenant's use, possession, or enjoyment of the Prenuses be interfered with, nor shall the leasehold estate granted by the Lease be affected in any foreclosure, or in any action or proceeding instituted under or in connection with the Deed of Tmst and Lender shall zecognize Tenant as the tenant of the Premises and Tenant's Option to Purchase and Right of FirsC Refusal under the Lease for the remainder of the teen of the Lease in accordance r e provision/s thereof. Dated this ~ _ __ -~` `"~-~ , 2006 Dated this ~ day of , 2006 270 SOUTH WILLOW STREET IGENAI, ALASKA 99611 SERVICES X FON (907) 283-2015 FAX (907) 283-2017 E-MAIL: kpms@ak-rep.com Kallileen Musick, Personal Gvazanior PO BOX 242 KASII,OF, AK 99610 FON (907) 260 3343 FAX (907) 260 5413 J ,c E-MAIL L Ci'(_'° ~ri~kc~ °~El LEASE OF BUSINESS PREMISES THIS AGREETIENT 6F LEASE, made and entered into this _ day of by and between DEHR, a Joint Venturee Com an hereina ter co ective y ca e Lessor", and 8 & C Suontv,__Divi Republic Automotive' Parts, Inc. ca W I T N E S S E T H That the Lessor, for and in consideration of the rents, covenants and agreements hereinafter mentioned, reserved and contained on behalf of the Lessee to ba kept, paid and performed does by these presents grant, demise, lease and let unto the said Lessee, and the said Lessee does herein; hire and take the NORTH on -haif S4 D00 Square Feetl ~~ ~~~= uuiia,ny rvu,~n is VU Ue IOCdtee Upon the f0110Wing deSC rlhed red l.... property situated in the Cit of Kenai Alaska and more par- ticularly described as fo ows, to wit: Lot 7, Block 1. Second Addition, Etolin Subdivision Kenai Recording District, State of Alaska TOGETHER WITH, ALL THE SINGULAR, the tenements, hereditaments and apputenances to said space belonging or in anywise appertaining. TO HAVE AND TO HOLD the said premises or space as described with appurtenances fora term of Five 5 Years, beginning on the 1st day of November 983 ,and ending on the 31st day of Dctober 7.988 at an or the monthly rental of -" ----- "s paya e n advance on or a ore the 1st ay of eac, and every uront of the said term thereof. In addition, Lessee shalt deposit with Lessor upon execution hereof as security of Lessees 's faithful per- formance of Lessee's obligations hereunder, Tf Lessee faits to pay rent or other charges due hereunder, or otherwise defaults with respect to any pro- vision of this Lease, Lessor may use, app'y or retain all or any portion of said deposit for the payment of any rent or other charge in default or for the payment of aqy other sum to which Lessor nay become obligated by reason of Lessee's default. If Lessee performs all of lessee's obligation here- under, said deposit or so much returned to Lessee at the expiration of the term hereof, and after Lessee has vacated the premises. PROVIDED, that the Lessee shall have an option to renew this lease for an additional period of 5 & 5 years, namely from the 1st day of N~p_er , X7988 to an inc uding the 31st day of Oct T9a8 herein conta ni ed, excepting this option to renew and excepting further that, upon exercise of the option, .the rental for the renewed term shall be negotiated and estatiiished at an amount which is in accordance with the prevailing rental rates in the area for similar properties at similar terms. Lessee may exercise this option to renew only by giving written notification to Lessor at least ninety (g0) days prior to the expiration of ~ year term sought to be renewed, such notification scat ng tat it elects to exercise such option, in which event this lease shall be automatically void if Lessee is not in possession of the premises at the time of giving such notice, or if Lessee is then in default under this lease or any of the terms thereof, or if Lessee does not exercise as provided herein at least ninety (90) days prior to the expiration of the terms hereof. This lease of business premise is, however, subject to the following terms and conditions which the parties hereto do hereby agree to fully observe, keep and perform; 1. .The purpose for which this lease is made by the parties hereto shall be for business only and the said prem- ises shalt be used as a place of business by the Lessee, and it is hereby agreed by tihe Lessee that said space or premises shall be used for no other purpose except wiih the prior written con- sent of Lessor. 2. chat without the prior written consent of the Lessor, its agents or assigns, the terms hereby demised shall not be assigned, or,transferred by operation of taw, conveyance or otherwise, nor shall the Lessee let, sublet, or permit to be used by others for hire, the leased premises, or any pary thereof without the prior written consent of the Lessor. 3. As a material part of the consideration for which this lease is made, the Lessee heretiy covenants and agrees at all times to perform regular janitorial work and to keep and maintain the teased premises in clean, orderly and presentable condition, and it further covenants and agrees not to do or suffer to be done anything to impair or detract from the value, appearance, or arderly condition of the premises, ordinary wear and tear excepted. 4. The Lessee covenants and agrees that it will not intentionally, nor will it intentionally permit nor suffer any person or persons, to use, exercise, carry on or follow in or upon the leased premises, any common public nuisance whatso- ever, hereafter .to be declared contrary to the laws of the United States of America, the State of Alaska, or any other public authority whatsoever, and in the event the Lessee shall conduct or permit another to conduct any illegal business upon said premises, this lease shall be terminated forthwith and al] right to lease said premises by the Lessee, and all sums of money paid as advance rentals shall be forfeited, and the Lessee agrees immediately to vacate the deli~rer up to the Lessor, its agents, or assigns, said leased premises upon demand to do so by the Lessor. 5. The Lessee agrees to obtain public liability insurance in the artrount of $500,000.00, naming the Lessor as co-insured against reason of any accident resulting from arising out of the use, misuse or abuse of said premises by anyone whether invitee, licensee, or trespasser, except on accounts of hazard directly caused by the acts or ommisions of the Lessor. The Lessor shall insure the premises which are provided to the Lessee under the terms of this lease for fire and other casualty. Lessee shall insure its improve- ments personal property, inventory and supplies. Lessar and Lessee shall hold the other party harmless from liability for negligent operation of the premises and there shall be no right of subrogation between the parties. Lessee shall cause Lessor to he named as an additional name insured upon the public liability insurance policy or policies purchased by Lessee pur- suant to this paragraph, 6. The Lessor, or its agents or assigns, shall have the right to 9o upon the leased premises during normal hours of business to see that the business being conducted by the Lessee is in conformance with the covenants and conditions havehtheirigsht tohentersthe leased premisesratsanyntimehwith 24 hour notice to Lessee or at any time during an emergency endangering the property, 7. Lessee agrees to obtain all necessary licenses and permits to carry on and conduct its business in the premises or the business conducted therein and personal property taxes assessed or payable upon or with respect to the contents thereof. Lessee agrees to pay for all utilities of whatsoever nature furnished upon or for and an behalf of the premises, including but not limited to, heat, light, telephone, janitorial, snow removal, garbage and all other like services or utilities; and Lessee shall keep the leased premises in good and tenantable condition and return it to Lessor at the end of the term or any extension hereof, ordinary wear and tear alone excepted; and Lessee shall maintain the premises and pay for and cause to be performed all ordinary maintenance upon the premises. major items of ma intenance,nnamely theproofblsidewalls,pfounda- tion and major mechanical systems maintenance. For example, Lessor shalt pay for painting the exterior of the building, and Lessee for painting the interior; lessee snap be respons- ible fora plugged toilet or cleaning the furnace, and Lessor for replacemeht of heating or water pipes, that title to any and allhfixturestandlimproverr~eo Sato saidaspace or premises which may hereafter be bought and paid for by the Lessee shall be and remain in said Lessee and it shall be and is hereby authorized to remove the same upon termination of this lease or at such other times as it may deem it advisable to do so, PROVIDED that such removal shall 6e accomplished without damage to said space, premises or building, and in case any dam- age shall occur, the said Lessee covenants and agrees to compen- sate fully the Lessor for any such damage and to pay for such repairs as may be necessary to restore the said space, premises or building to their original condition, reasonable wear and tear excepted. 10. In cases the Lessee shall violate or omit to perform any of the covenants or conditions herein contained, or in case the said premises shalt become vacant or shall be aban- doned or deserted by the Lessee, the Lessor, its agents, repre- sentatives ana(or assigns, or any person by thier order, without prior notice, may re-enter the same, either by force or other- wise, without being liable to any prosecution therefore, and may either elect to terminate this lease or term or may re]et the said premises at any time as the agent of the Lessee, or otherwise, for whatever rent it will obtain, applying the avails of such letting first to the payment of such expense as the Lessor may put to in re-entering and reletting, and then to the payment of the rent due hereunder and the fulfillment of the Lessee's covenants and paying over the Lessee the balance, if any; and in case of deficiency, the Lessee shalt remain liable therefore; however, upon the payment of the rent above specified and the performance of the covenants to be kept and performed by the said Lessee, Lessee shall peacably and quietly hold and enjoy and leased premises during the full term herein specified; and the Lessee covenants and agrees at the expiration of this tease, either by lapse of time or by forfeiture it wilt quit and surrender said premises quietly and peacably to the Lessor. is of the essence oftthisfteaseranddthatoin the eventdLesseetime shall fail or refuse to make the payments as hereinabove provided; or shall fail to keep and perform any of the other terms and con- ditions of this tease according to the tenor thereof, then it shalt be an option with Lessor to declare a forfeiture of this lease, and Lessee shall thereby forfeit to the Lessor, as liquidated damages, all payments theretoafore made, and the Lessor shall be relieved of any obligation either at law or in equity to lease said premises. 12. The parties agree that, in the event of the destruction of or substantial damage to the building on the leased premises, Lessor shall have thirty (30) days within which to rebuild or repair the same, or this lease may be cancelled by either party. During any such period of untenantability, the rent shalt be wholly abated or prorated based on Lessee occupancy of usable space, as the case may be. 13. The parties agree that glass breakage shall be the responsibility of Lessor unless this breakage is attribut- able to the acts of the Lessee, including negligence of Lessee. 14. Each and every clause and provision herein contained shall bind and inure to the benefit of the heirs, ex- ecutors, administrators, successors and assigns of the respective parties hereto. 15. The parties agree that if any notice or demand as provided or permitted to be given to either party hereunder or under any ppresent or future provision of law, such notice or demand shalt be deemed to have been given or made when it has been deposited in the United States Ma11 with postage prepaid and property addressed to Lessor or Lessee at the addresses appearing beneath the signatures of the parties hereto, Said addresses may be changed by such notice in writing. 16. This Agreement is the entire agreement hetween the parties and shall not be modified by the parties except by written instrument executed in the same manner as this instru- ment. The failure of either party to this Agreement to insist upon a strict performance of any provision of this Agreement shall not be a waiver of the right to insist upon strict per- formance of this provision or any other provisions at any other time, 17. Each party acknowledges that no representation of any kind has been made as an inducement to enter into this Agreement, other than the representations set forth herein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and the year first hereinabove written. EES: // GENERAL MANAGER,'B & C SUPPLY}! DIV. OF REPUBLIC AUTOMOTIVE PAR'Ii5 rnc. F1~$T AMEk~7ENT JWp EX7Ek816k bP I.EABE (Kenei,Alacka) THIS AGREE45ENT made and entered Sato ae of this '/ day at~r, 2003, by and t»twaen OEHR, A JOBNT VENTttRE COMPANY (hereinafter "Lessor"), and (3fN`cRAL PARTS, IkC., a North Carolina odrporatlan (hereinatter'Lasaee J, W(TNESEETH: 7. vYtwraby Leases and Lessee entered frso a Cesare, dated the tat tlay of Novt°tttber 1983, on tea[ certgln property and premises genetaay Known ae 106 S. Willow, Suite 7, Kenai, Algaka {preserrtiy the she of CARgU"c87 Stare, qnd consietingat appm[tlrnataly 4,000 a.f. of retail space), said bases subaequenay extended by Lnttsns of Exardae anti! OcYObar 3t, 2003, cod a now bnirrg Lessor's and Lessee's mutual dews ttx ardx iota s eve (6) year axtanaipn of the Lease tram[, now 4haefan, for tan (S70.t70) ddlars and o7har good and vatuadln conaideraaa[, receipt o} which is hereby Ac~knrwatedgad by Lessor, Cie Lease is anexnded, revised, and hrodi8ed as hareinal4er set idrth. 2. T 7'tts Tam d the Laaae nhdl. t>n extarxied far an additional five (S) year period, a7mmnncing on November 1, 2003, e[td CnntKttang fhrwgh and until MldnigM, Ortaher 35. 2008 (fha `Expiration Date"l= ReM for due extended terrrt shell bo ttm trNlowa: 3. pgjlfzn Term, OPTION TO EXTEND of the Leeaa ahaN ba amended W inaort the follawng: On om[dlaon tl[atthe Lessee rest than ha in defaott t[ereuntler, and amt Lapses gives Leaaor Ninety (~) days advance vnittten nntkx® at as infant to do so, E.aseea has the dght aM option to axter[d the tam[ beset for one (5) addafanal ~riod of flue (6}years, and H ao extended, all the sarma and prrrviakms, inGoding the currant pravaiVing rant, shall remain In fu{I forcrs and affect. To wit: Opdon d RENT PER thONTH 75!72008- SO73ir2053 -~~i Except as attended, revised ar rnodl8ad hereby, the terms and condPodna df tho afareaaid Laaaa Agrtsament shall remain in salt tdms and effect, IN WITNESS WHEREtiF, and ir[ter[dng to bs legally round, Lessee and Lasedr have axnauted thin Saax[d Ar[rlrxlr[wrR ar[C Exrontew5 of Leases 1~reamenY 1n lripliaa~ adtNnala, as W the daY and year first above vetiMn. W1TNf88: !7l' ~..6~r` TENANT: GENERAL PARTS, INC, Thort[as B, Fiines, Vice Praaldartt Dated ~ ~'~,~ ~7~ , 2003 -~~ ~ , ~ -Ronald J.' Johnson; BroYcer for Kenai Property Management Services, Agent for Lessor DEHR, JV STATE OF ALASKA KENAI RECORDING DISTRICT SS. THIRD JUDICIAL DISTRICT On this day personally appeared before me _RONALD J. JOHNSON_ to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that HE signed the same as HIS free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under 91y-hand and official seal this " ~ day of.OCTOBER , 2003 .) " Notary Pyblic'iit~andfr2r t e State of A asks -°~ `. My commission expire r~. - I J`L~p - _~ ~~~_ tyeu'yof KENAI~ SKA "V°lla e witti a Past, Gi witG 9 ~` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us MEM~IRANDUM TO: Mayor Porter and the Kenai City Council FROM:C~ Cary R. Graves, City Attorney DATE: February 1, 2007 RE: Municipal Regulation of Soat Launches 1. Councilor Moore requested I review the city's authority to regulate boat launches within its boundaries. In particular, the issue is the ability of the city to regulate the size and types of engines on boats using non-city owned boat launches. There are four Kenai River boat launches open to the public within the city limits The Pillars (state owned); Eagle Rock (privately owned); Kenai Landing (privately owned); and the city's boat launch. 2. The Alaska Constitution grants home rule municipalities "all legislative powers not prohibited by law or charter."~ The Alaska Constitution also provides that "[a] liberal construction shall be given to the powers of local government units." Title 29 of the Alaska Statutes provides that, "[u]nless otherwise limited by law, a municipality has and may exercise all powers and functions necessarily or fairly implied in or incident to the purposes of all powers and functions conferred in this title."~ Thosc sections of the Alaska Constitution and Statutes were specifically drafted to overrule the traditional limitations given to the powers of local government. Authority to regulate boat launches is derived from two sources. The first is the city's "police power." Municipal "police power" is defined as the "power to safeguard the health, comfort, and general welfare of their inhabitants by such reasonable regulations as are necessary for the ' Article X, Section 1 I of the Alaska Constitution. ~ Article X, Section I of the Alaska Constiturion. AS 29.35.400 also provides that "[a] liberal construction shall be ~iven to all powers and functions of a municipality conferred in Yhis title." AS ?9.35.410. See also, Stanek v. Kenai Peninsula Borough, 81 Pad 268 (Alaska 2003). ° Simpson v. dluraicipahty ofAndxorage, 635 P2d l 197, 1200 (Alaska 1981). purpose."' In general, the police power includes the authority to regulate such things as wharfs, piers and boat launches.6 It also includes the power to prevent the fouling of water in streams, lakes and rivers. The second source of authority to regulate boat launches is from the city's zoning power. The Alaska Statues grant municipal plamiing and zoning authority to boroughs.s However, boroughs may by ordinance delegate land use authority to cities.9 In 1984, the Kenai Peninsula Borough delegated land use authority to the City of Kenai.10 3. While Kenai would normally have the authority to regulate boat Launches under its police or zoning power, that authority may be pre-empted by state law. The Alaska Supreme Court has noted that, "To say that home rule powers are intended to be broadly applied in Alaska is not to say they are intended to bepre-eminent. The constitution's authors did not intend to create city states with mini-legislatures."" In this context, "state pre-emption of municipal enactments occurs when a particular exercise of authority has been prohibited to municipalities."12 In Jefferson v. State, 527 P.2d 37,43 n.33 (Alaska 1974), the Alaska Supreme Court stated that if the Legislature wished to pre-empt an area of law it must specifically so state. However, in spite of the lack of a specific prohibition the court has held that municipalities are pre-empted from exercising control over education unless authorized to act under state statute because of the "pervasive state control" over it.13 The best description of Alaska's pre-emption doctrine is contained in Lifierati v. Bristol Bay Borough, 584 P.2d 1115, 1121-1122 (Alaska 1978) where the Alaska Supreme Court held that pre-emption occurs when a state statute or regulation directly conflicts with a municipal ordinance or when "an ordinance substantially interferes with the effective functioning of a state statute or regulation or its underlying purpose." 4. One of the boat launches in the city (The Pillars) is owned and operated by the State of Alaska. The Pillars is part of the Kenai River Special Management Area (KRSMA) and part of the state park system.t Alaska has rejected the traditional rule that the state is inherently exempt from s McQuillen Mun Corp §24.33 (3 `d Ed)(Footnote omitted). e McQuillen Mun Corp § 11.21 (3`d Ed). 'McQuillen Mun Corp. §24.265 (3rd Ed). s AS 29.40.0]0(a). 9 AS 29.40.010(b). 10 Kenai Peninsula Ordinance 84-50, enacted June 5, 1984. ~ ~ Jeffw~son v. State, 527 P.2d 37, 43 (Alaska 1974) (footnote omitted). ~~ Acc~~edo v. North Pole, 672 F.2d 130, t32 (Alaska 1983) (citation omitted). is Macauley a Htldeiabrand, 491 P.2d 120, 122 (Alaska 1971). 14 AS 4L21.500. KRSMA starts a little upstream of the Warren Ames Memorial Bridge, although the boundary is usually describe for convenience purposes as the bridge. The Pillars and Eagle Rock boat launches are within KRSMA and Kenai Landing and the city's boat launch are outside of it. local land use rules. t5 AS 35.30.020 requires "public projects"ib to "comply with local planning and zoning laws to the same extent as local landowners on construction projects.' It can certainly be argued that the boat launch at The Pillars is maintained by the state and therefore local land use (i.e. boat launch) regulations would apply. An opinion of the Alaska Attorney General's (Jffice argues that AS 35.30.020 is inapplicable to state parkland and therefore municipal Land use regulations do not apply. ~ s That opinion states, "Since the Legislature has not chosen to expressly or by necessary implication to subject the State parks to Local zoning regulations, local Land use regulations are not applicable to state parks."19 Even if it is applicable to state parkland, the state tnay exempt itself from local land use regulations for public projects. AS 35.30.030 provides that if, "a department clearly demonstrates an overriding state interest, waiver of a local planning authority approval and compliance requirement may be granted by the governor." 5. The state extetvsiveiy regulates the use of boats in KRSMA. State regulations control engine size, boating methods, non-motorized boating areas, personal watercraft, water skiing and boat rentals within KRSMA.20 Whether municipal boat launch restrictions would be pre-empted depends on whether they are indirect conflict with state law or whether they would substantially interfere with the effective functioning of the state boating ruies.~' For purposes of this memorandmn I will assume the city regulations would be more restrictive than the state regulations. Municipal boat launch restrictions limiting engine size would not directly contradict state regulations because it would not directly prohibit use of boats within KSRM allowed by state law. Instead it would only restrict launching of some boats within the city that are allowed under state law to be used witlvn KRSMA. Those boats could still operate within KRRMA provided they found a place to launch outside of the city. However, those municipal restrictions would certainly make it harder to use certain types of boats within KRSMA that are allowed under state law. 6. While it is something upon which reasonable people may disagree, it is my opinion the courts would hold that municipal restrictions on what engine sizes and types are allowed on boat launches within the city (both within KRSMA and nearby at Kenai Landing) that are inconsistent with state regulations would substantially interfere with the functioning of the state KRSMA regulations and their underlying purpose. Therefore, I believe the courts would hold the city is is Native Village ojEklutna v. Alaska R.R. Corp., 87 Pad 41, 49 (Alaska 2004). ~~ The term "public project means a building or other structure, public work, or other facility, highway or local service road conshucted or maintained by a department..." AS 3530.040(1)(Emphasisatided). ~' 1996 Alas. AG LEXIS 20; 1996 Op. (InfJ ACty. Gen. Alas. (October 24, 1996). 18 1980 Alas. AG LEXIS 716; 1980 Op. (Inf.) Atty. Gen. Alas. (Pebruary 28, 1980). i9 See id. 2° I IAAC 20.850-890. ~~Liberati,584P.2d at 1121-1122. pre-empted from enactnlg different engine size and type restrictions on the use of boat launches within the city. Please let me know if you have any questions. ~a ~~ N~'~ ~, -_ Elie ci{,~ o KENA~ SKA "~~lla e w~t~ a Past, G~ u ~ ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone:907-283-7535/FAX:907-283-3014 i~~~~i 7991 MEMO: TO: City Council C! f,, FROM: Rick Koch, City Manager DATE: January 31, 2007 SUBJECT: Kenai Municipal Airport Supplemental Planning Assessment, Phase 2 Report The purpose of this memorandum is to provide information to the Council regarding the implementation of certain actions recommended by the consultant in the above referenced report. On January 18, 2006, by Resolution 2005-55 the Council accepted for implementation consideration the Report. Attached is a spreadsheet identifying the 50 recommendations made by the consultant. The status of those recommendations are included on the attached spreadsheet and are summarized as follows: Recommendations accepted & implemented 26 Recommendations accepted & scheduled for 19 Implementation Recommendations not accepted by Administration for implementation The recommendations not accepted by the administration for implementation. include, a reconstituted airport commission with more direct authority over the airport, obtaining exemptions from Borough platting requirements, adopting policies to lease rather than sell airport property outside the airport reserve, and establishing enabling incentives for development of airport lands. Barring Council direction, the administration does not intend to move forward with any of the five consultant recommendations that are not accepted for implementation by the administration. Thank you for your atCention in this matter. attachment t5 Z w Q i H W pa p~yy tYi ~i hoi N ti 4 H ~a N W d' p~ V F+ F W W H d ~ M to o~ c0 O~ 'C M r' N 'C 'C 'C k 3 ~ ~ ~ ~ ~ N .- M ~ lL l!7 M CO lp O. M ~ ~ ~ d d ~. ~ N LL U ~~ m N N N N O O N QI N m N N N~ ~ p l y N ~' N K N ~' d Q o a O1 p m c N ~ m= m c m o d c c c - Q m ~ , d'u U c o du. d~ .m d~ dii r L mic ~ a ~ ~o 0 0 o, _ m m m a m `m a.a . mi~ z z z ' m d ~ ~ o r ~ ~ d N N N N N N N N 0 o p N C N N N N N N N N N O N V ~. d y ° ` u _ E E E E E E E E m ~ ~ a U U U U U U U U ~ o ~ 0 U ~ ~ Q c _ ~ o _ c ;~ E m :? N O ~ ~ d U d O ~ p , w d °-Z E r r ~ r > r ~ r r z z > 0 U .~ T ~ ~ `m ffi ~ m ~ `m m m m m a> m a~ o~ m a c c c ~ c c c c c m ~ ~ m m c ~ ~ ~ ~ ~ ~ ~ ~ o Q ~ ~ r ~ ~ ~ ~ ~ ~ a fl- ~ 0 0 0 0 0 0 0 0 ~ ;Z' U a a a a a n a a U U a a a ¢ a a a a~ Z ° _ ~ o ~ ~ ~ 0 0. a`~i `m N o ~ c a w m ~ ~ o ~ m ~ a ~ ~ ~ 'o ; o ° Z 3 ~ o' ~ ~' ~ a N E -o w Q ' °' N ~ m ~ m ~ ° co ~ m m m c c ° o a Q ~ - m - o ~ o- > m 3 p > o~ m - to ~ p o p c = Q O o ,- G ~ J N W L c y L Q ~ N N l 0 N Q. ~ C O ~ o N U~ = U O O E ~' O- U m 3 c N m o o ~ C o ~ a o p C > Q m N N N - D m f6II N ' Z N O .N . O ' w ~ m o ~ ~ . ~ o ° o .L . ~ °' o o ° ~ - o y - a - o C L ~ o - C O O O c > > c > > N .~ ~ O ~.- ~ 0 w U S O ~ U U O U U p . U ~n m p~ ~ ~ c p l9 J C C U c C 3 c C G O ~ ~ W N C~ X 0 0 O~ O O O~ O ~ :,-. ~ ~ a O (6 J J N O J U ~ N d U O~ C L N Q J Q J Q Q J p Q> J o Q ._ Q ~~ ~- N ~ N .. $ m ~ m m m c ; m m E a . o ~ ~ -o E m ~ -o p ~ a ~ c -o ~ ~ c ~ o ~ ° .E ~o c a a a c a a .~ a x a m - E o m o Q m ~ ~ ~ _ ~ ~ ~ m '~ a~ ~ Q ~ K Q U d c R m m m ~ m m co co m co co ' ° o 0 0 0 0 0 0 0 0 0 0 m ~ - .. d ~ a ~ ~ ~ ~ ~ `m `m m ~ `m m` _ p E y d ~ 6 N N N N ( (6 N (6 (D f6 N C p U v Ci O C'1 C'J C'J U O C3 O d U U d y ~ N f~ y N N N y N N (/! N J N M V ~ CO ~ W d7 ~ u~ O w Q a C5 Z H a .a H Qd ~/ W Py w Z Z W H a Pl W H F Z W Gza d ~ O N ~ ~ .M- ~ ~ n ti OI ~ LL N N N d' m N N d ~ N~ p m p N N N p N ~ N O) ~ N O ~ (6 O ~ N (O N N ) (0 O) a~ n- v ~ c a d d m ~ an d m ~ ~ ~ Q a ¢ R a a o Z ~ U v U a an. v a cs ~ o. v v v U U U p U U °-' c ~ o ti ~ ~ .D :.. ~ m r d ~ o m o o o ° 0 o O 0 r, 0 V C N N O N N N N N N N N C~ N N O A y LL E z ° E _ E E E E ~ E °' ~ ~ ~ E U m ~ z v v U v U U ~ a ~ ~ ~ g ~ w w ¢ c c ~ o N E d '° ¢ ~ Z ~ C o ~ i a ~- Z Y Z ~- > Y Z >- >- ~- Y o ~ } ~ > } ~ ~ N i a i v a ~ O ~ Q. ~ w d Z E r z z z r r r z r r r r z >- z z r 0 U w ~ ~ o o a'i m a ~ o m aTi o a'i a~ a`~ m _ U U ~ IO E E E E E E E E E E C E c~ U o c o 0 0 0 0 0 0 0 0 o m o o h ~~ c o _., m m ~ Q Q Q Q Q Q Q Q Q Q d Q ¢.c o m fl- °i~ w _ >' w ... w. ~ ~ ». ~ .~ .~ _. ~ o .erg w `~ V U U U U U U U U U U U U U °' N ~ Q ¢ ¢ .J c ~ m ~ ~ 3 ¢ 3 E ~ .~ j - l6 O o C ll. O C O ~ O O ~ R c m C ~ N _ O 0) C O. ~T, N > U N C O O N E O- O ~N ~ N O~ N O O ° a O ~ O ¢ N O N ~ N - O ' N N O ~ ~ N O y j ~~ l4 ~ G C~ ~ p ~ U N , 'O O- N 'O U U - N O O in -O U 'O O O H O N O O d 'a N N ~ U N~ N O . O . . ¢ E O .C O O ~ 'C ~ ~ O N~ G N 01 O N U N ro ;JO O Q- ~ ~ ~ O N N Q '~ c~ ~ ~ ~ ~ E O ~ ~ a N d R O 0 N m '6 O ~ G O A O C O `~ m N Y N N ~ ` .. . o -o E m m~ N " ~ N ~ N ~ o f c 'c O f V i m o N O o C O E o O . >> -o o ° ++ c ~9 C O =' ~ (0 ` J ~.- N O LY O O N O' N E (6 r-. ~ O N N "O G N C ~ .- ~ Y w = g o E a~ . _ o m ~ ° _ ° . E<.J c N c ~ m ti ° n ~' ~ m c o ._. c ~ o. o --~ E~ a m - o c ~, U > N ~ y °~ ~ ~ N - ~ ~ c a i U o d y ¢ N ~ N~ m- i a c E m o x o m~ a- i E . ~ ~ ~ ~ ~ ~~ ~ c m a o i a y ~ 3 ~ c Y N ~~ ~ ~ ~ a E m c~ o ~ Q m m~ ~ d 3 ° °: m ~ a o ° -~90 0- ° °- E a ~ I- ° m o ~-- E -o ¢ a ~ O ° N c o w E U a~ ~ ~ rn c ~ w-o - ~ ¢.n ° n. O ~ m ~ -o ~ ¢ m ~ ~ a'm o c U ~ ~ C .-~ C ~ O ~ ~ O O m O co O co O cfl O co O ca O cD O cn O o O o O m O o O ~ O o 'O d Y y 7 T W 'C ~ N N O N ' N ' N ' ~ N N ' N ' N N ' N ' N ' N ~- N O O ' ~ ~ 'B d d ~ -~ ~ C C C ~ N C N C N r N C O C SS C (6 ~ (6 ~ ~ C (0 N d d E (q O (6 (D (II ( ( _ _ o ~ c > U O > > > > > O > > ' > > O C7 > ~ c C7 C~ O C7 C! d C7 d (~ U (1 C7 p U N G. Z i .C N N V1 ~ N t~ ~ N N N .'S ~ c N ~ g n .- N r .- •- V' N N d' N M d' LO (O f~ W O O ~ N M V' ~('> (D I+ N N N N N N N N w O r L U. d Z H W a nW H a H U d' y r N W V1 H H F~ a 0.~ G:a H ~, m N ~_ ~ W~ p ~ ~ O O r e ~ N o °~ ~ N N m m o d ~ a i ~ ~ ° ~ ° m ° i a ~ a i ~ m m ~ m a a a a ~ a a ~ a d d o, ¢ o a 0 0 0 a o o o 0 0 0 °i c ~ o d c ti .° ,~ d ~ ~ o m ° ^o ~ ~ °o m S i C N N O U t6 O N N N N ~LL ~ ~ ~ N T~ `~ N ~ O N E E a E C y O O ~ N N C O O O O a U U -> m o ~ U U O U E U U c _ ~ o - c :« E d :°. a d z E >' r r r z r r r r r N o d U d c ~ a E m d E> r r z z z r r z r 0 U ~ ~ ~ ~ ~ r m a a a ~ ~ m o.~ ~ a~ ~ U7 C~ C~ C~ C C yO N Q~ Q ~ Q~ Q~ O G ~ G ~ C ~ ~ C N~ O C O C O C O G C N _ LL ~ _ LL ~ _ LL ~ T. ~_ ~- O O _ O N ~ N 41 ~ ..+ N iN ~ _ N in ~ .. U a Q Q Q Q a c ` ~ N c ~ c c p - w~ N c c E ~ o ~ o N ' ,~ E c m j ~ O c ` m ~ ~ m~~ m a C . N U a c -- ~ a ~ d ~ aci Q ~' ~ ° o ~ ~ a°i m m c ~ a°i aEi .o d Z` ° (9 m > U ~ ~ ~ ~ ~ ~ ° E d E E p V N N N '6 '` N u, N N (0 N N N d O) W C d ~ .X C ~ N ~ d~ O .fl O ~ O) C U~ N u - ~ N N ~ m N s ~ [6 O ~ c m a°i y N ~ o a c c w~ 3 ° o u, O ~ ` N N i N N G~ N O ' N y O ~ ~ u1 ~ N E N~ U W N U 0' d (6 N N~ C C O N O 'n ~ ~ U O O D U U ~ C ~ " ~ O ~ N ~ L N N> Q UI (p C C O ~ ~ N d G ° O U N ,N N N> O p U U U E 01 N U C= 'C (4 N~ ~ C O ~' C ~ C N u~i g~ a ~ o o O =' o ~ m v m m m a a ~ ° > ~° > ° U ~ ° ~ ~ ~ 'm OC C ° m 3 m c ~ c y ~ > Y '~ Y c Y p ~ ~ o c c~ c~ ~ ~ o D o ti N w ~~ o~ ~° ~ E ~ ~' w ~ T > '> o '>.~ c n~ o ~~ E ~ 0 0 0 0 ° ~ ~ ~ ~ ~ ° U a O a ~ ° Q ~ ~ ~ ~ .o ~ c c0 ~ ~ m c o N c o c 0 c o N c o C -O ~ a 0 O O O ~~ m C C ~ C C ~~ ~ C C E d N~ N C O N C O N y N O N N U O O O = U N D U U N c p u O C N CJ C~ U CJ' ~ C p O O m O O Ol v d y ° ~ m w v L ~ O ` ~° O o m ` ~ O ` f6 , o o_ o_ o_ ~ ~ ~ a` ° a a a` ° a W W O N M C' ~O CO N N M M M M M M M lf7 M W Q d F yA ~// WI H W W C7 Z ~t Z ?~ a H ~W~4 I~ W 4 F®I U Fn H x N 0. Z F+ Z W a W F F ~ ~ x ~ ' ~, v v v N v co v ~ m o d m m = W O) N N N 01 N 01 m `0 °' m a °' m ~ a ~ a a . Q R N o a a M a M a d O Ch M ~ M ~ ~ O ~ d c m ~ c ~ o r. n ti ti ti y jp O ~ O O O O O O O L ++ N p~ ~ N N N N ~ N mod m ~~ a ~ ~ ~ ~ o- m u' ~ o o 0 0 0 0 0 0 ~ I m ~ O a>i U o o O O U O E Q - ~ C C C 0 ~ C T O a C m tC N C C O L N ~9 O z O ~ - a c _ E>' w m c m E c w o mud m ~ , o. oaQ-''~nE m a p, o ~ E U c s E ~ ¢ m d °- z E ~ z z r z z z z >- z 0 U ~ ~ `m m m `m `m •~ O ~ O) ~ O a O) O) O) .V a °' ~ c m c m c c m a c c c m `p 'N am m mom mom m c°i° m 7 c C O G ~ t6 ~ ~ (0 ~ ~ ~ ` ~ ~ U O ~ y O LL ~ O ~.~- ~ O O C Il p O O ~' ~.~- 0 N o. a a Q a o. U ~ Q Q Q Q Q Q Q m m o ~ m ~ 'C. m C .O N G i C m E N ~ ~ L ~ N 'O C C n N ~' m O O C L_ N ~/+ N m ~ ~ N L N U C S o n m m ~ v vmi a ~ o 0 u 0 Q aci ~° m ~ ' m~ y 7 'D T n °- m v .p m E m c L mE' ~_ 3 ~ >' m e ~~~° c m~ oc o m ~ v 3 - E o o y m m i °-~ u v, a ~ ~ e c v7i ~ o ~ ~ > c U o m o E c ~ ° E 7 m c~ m c m c ~ o o a ~ ~ y~ u E O ' ~ F _ ` ' "O O C U " O ~ p 7~ „_, V y N N O U m C U O l9 d O m " m E O „>., G N N ~- L d ' ~ U ~ 'O 'O d C m 7 .D U (6 m m N W O U O C 7 C '6 LL ~ O O ~ ~ m E m d'- N N ~ m '> ~ O ~ +' 01 Y , ~ m N -fl (6 ~ m "" O 'C 'y C O ~ U OL m O ' C O N U ~ m N U O -' R . m N O N > ~ d O y "O m ..~ O G C m W C f0 'N fn N~ f6 m .~ ~ "' m O L C N C > j U ~ O = tiJ G N m~~ O O N m ~ ?~ L m~ ,,. y m o . , - U c o . E o u a 0 o N ~_ W Q l0 OU o U F O ~ G m Z .O N m e ~' ~ o Q C E S1 c LL N N C ~ ~ O O O O G O N ' O O O C m ~ ~ _ C O O O O ~ N O O ~ O y o n m , c m n ~ E m ~ m 'C m ~C m .C ~ m 'a - ~ .C m ,C m .C o o h m m o m m m m m ~ ~ N m m m y ~ ~ U ~ U ~ ~ ~ ~ ~ ~ O N ~ O U p m O O N ~ ~ y O U N y y ~ d M M O 1~ W m O N M V' t0 M M M V d' cfi C' V d' c- LL Q ._ a A W yFyy I~ v W W L7 H W W QI tiff ~I H F'! CNya Y~ N QM O H H F~ H d M ~ CO h B O) C ~ N N N d ' Qd (6 a a. a ,~ a a a d o d N _ O T T >, O U L C ~ N (6 ~ T y W °' E c ~ c `m ~ °~ U Q Q Q c o. ~ £ Q C C ~ ~ ~ of O G _ E E o -° _ > .T. iQ U C N O E} Q Q =~ O o ~ Q, cU~U € - a w d °-Z E ~- z z z r 0 U .~. ~ ~ d U (0 N (~0 ~ s ~ c c c m c ~j ~ ~ ~ ~ fl O O O ' +_ U a n Q U Q Q Q ~ L T O ~ ... . O (6 p ~ N N m~ ~ G I N p E O (n 01 ~ ~ ~ O .> V U m O N C c ~? ~ p ~ c E v C ' O Q O U c. ( 0 m m Q ~ m m o ~ ~ > N E o m " o i a a c O c N O L d U N O~ N O j~ O G) Q~ c a~ a c N N N W N 'EO ~O tNi1 O U 'E6 E ;p O O O . -. C R J+ E U~ l4 0~ 0) w d C ` 0 w~~ O~~~ v N N C ~ - 3 m U voi U o o w w ~ ~ a n. o~ ~ m o~ . ° a~ m ° U m w ~ °~ o ~ o E .. o_o~,o E Q ¢ w~ wa N (p o, mEN y N W~ m ~n ~CG U c 0 N ~ 0 U o o=~ oro~ ~3a~ O~ m 3~>_m ~3~> Nm'~ m rE ~ O E y U '- U O O O v1 -00 U O- .N N O ~~ O N m E O N d. OQ 'D O N a '~ N N O d N .-. -O O E C ~ O d~ U 'C 'C ~ 'C C C C ~ O c p U ~ U' C~ U' C1 m O U U d N L N G ~ in C~ ~ ~ N (O f~ W O) O V V d V N LL W Q a F rury 2007 courvcrL/co~MrssroN MEErrevG cALEw®AR 1 2 3 Tan 2007 Mar 2007 -- 9 M T W T P S !. S M tT W T f:, S Council on 1 2 i3 4 5 6'. t 2'. 3 Aging, 7p, '.. 7 8 9 10 t i 12 13 ' 4 5 <b 7 8 <T;I. 10 Senior Center -14 i5 16 L9 18 19 20 ` J 1 12 r13 1A I S 14 17 Parks & '~21 22 23 2'A 25 2b 277. 18 79 20 21 22 23 2r4 Recreation ''..28 29 30 3'..1 25 26 '27 28 29 301 37 Commission, 7p, Council Chambers 4 S 6 7 8 9 10 Library CITY COUNCIL Airport Commission, MEETING, 7p, Commission, 7p, Council Council 7p, Council Chambers Chambers Chambers ~1 12 13 14 IS 16 17 Harbor f PLANNING & Commission, ,~. ZONING 7p, Council COMMISSION, Chambers ~ 7p, Council Chambers 18 19 20 21 22 23 24 HOLIDAY/CITY CITY COUNCIL Social OFFICES MEETING, 7p, Security, 10-4p, CLOSED Council Council (Presidents' Chambers Chambers Day} 25 26 27 28 ' ~i~m~?9 r-~ ~r~~ ~ ~ Z6N/ ~ ~ /ieul / ~vt ~ '~"/ ;~' ~r ~u~FlL~ March 007 C®UNCrr,C®M~1~Sr®w MEE~rN~ GLEN®AR FeU 2007 Apr 20(17 ':S M T W,.' T F S S M T W T F S Council on 1 2 3 7 2 3I 4 5 6 -~.7 Agin9' 7p' 4 5 6 9~ 8 9 I0 - 8 9 li) 1] 12 13 14 Senior Genfer a.{ 12 t3 14''15 16 77 15 16 t:7 18 79 20 ~21 i8 19 20 21-; 22 23 24 =: 22 23 2A 25 26 27 ¢8 ZS 26 27 28 29 79 : 4 S 6 7 8 9 10 Library CITY COUNCIL Airport Commission, MEETING, 7p, Commission, 7p, Council Council 7p, Council Chambers Chambers Chambers 1I 12 13 14 15 16 17 Harbor Beautification PLANNING 8 Commission, Committee, 7p, ZONING 7p, Council Council COMMISSION, Chambers Chambers 7p, Council Chambers 18 19 20 21 22 23 24 CITY COUNCIL MEETING, 7p, Council Chambers Social Security, 10.4p, Council Chambers 25 26 27 28 29 30 31 PLANNING & ZONING COMMISSION, 7p, Gouncil Chambers 7-5 "~'aljaye w~t~r a Past Git~ wit a Fr~tcs~e,r 210 Fidalgo Avenue, Kenai, Alaska 996 1 1-7794 ,~~ x ~ti~ Telephone: 907-283-3692 /FAX: 907-283-3693 _ -: thea~af I(ENA~ SltA n~ldroRAlvDUio~ To: Rick Koch, City Manager Through: Larry Semmens, Acting City Manager From: Robert J. Frates, Parks & Recreation Director Date: February 2, 2007 RE: Work Session The Parks & Recreation Cammission and Beautification Committee held a joint work session Thursday, February 2. The purpose of this meeting was to discuss the merits of combining the two groups. The following recommendations were made: 1. There is enough disparity that the two should remain separate. 2. Consideration should be given to allowing the Beautification Committee take on more of an overall planning role, i.e., city signage, commercial landscape plan reviews, clean up of city property, etc. Members from both groups recognized some relationship, however, not enough similarities to warrant combining. It was felt that the Parks & Recreation Committee concerns itself more with park related issues, facility maintenance, sports fields and recreation matters Consideration was given to having a liaison attend each other's meetings, however, was decided not necessary since administration attends both. meetings. .ianuary 29, 2007 City of Kenai 210 Fidalgo Avenue Kenai, Alaska 9961.1 ~,~~ ~_ .~ ; ~ __ ~._ ~_ t ~ ` f} 2U117 t E _ _., ~r _ ~ .._._, ~._., ~.w . _ _.,,,...` E Attn: Pat Porter, Mayor Dale Sandahl, Chair, Parks & Recreation Commission Council Member Moore Council Member Linda Swarner Re: Parks & Recreation Commission Beautification Committee I was appointed to the Beautification Committee just last summer and am very happy to give myself, though in a very small way, to the community. I am voicing my concern in regards to the suggestion of a merger decision that will be before us Thursday night. I understand the need to streamline city commission and committee meetings, cutting cost and time involved yet still keep them the most productive within their own responsibilities. Merging the Beautification Committee into the Parks & Recreation Commission may cut one meeting a month, but is this really going to benefit both of these entities? What are their true identities? The Parks & Recreation Commission does maintain, plan, and budget for our city parks, and this does include the city gardens. However, a large part of their function is the organizing of area sport functions in our parks. This is a big job. When I think of the Beautification Committee, I think of a committee on a much bigger scale, a committee that involves more than. city gardens, one which oversees and confributes to the city's beautification plan and reports directly to the Mayor and council. This committee would not plant and weed the flower beds, but be responsible for overseeing the annual plantings & maintenance of the gardens while also being involved in the budget planning process. This committee could work with the city to enhance the look of Kenai from an outsider's perspective involving signage, building and landscape guidelines for our local businesses, and the planning of new parks or areas of interest. In summary, I would like to see the Beautification Committee contribute more of itself to benefit the City of Kenai and support the city's "beautification plan". I don't think we would benefit by merging with the Parks & Recreation Commission. Sincerely, C~C-3 ~~ ~~~ ~~~~ ~~ ~,.~~:~ ~° K- / Kay Sheazer KENAI PARKS & RECREATION COMNIISSION FEBRUARY 1, 2007 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: ELECT%ON OF CHAIR AND VICE-CHAIR ITEM 3: AGENDA APPROVAL I-5 ITEM 4: APPROVAL OF MEETING SUMMARY -- December 7, 2006 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSYNESS YTEM 7: a. Discussion -- Bernie Huss Trail b. Discussion -- Budget c. Recommendation -- Possible Combining of Beautification Committee with Parks & Recreation Commission d. Recommendation -- Suggested Amendments to Kenai Cihj Council Poiic~ for Commission, Committee, Board and Council on Aging Meetings and Worlc Sessions. ITEM S: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 9: CONIMISSION QUESTIONS & COMMENTS ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 11: YNFORMt1TION a. Council Action Agendas of January 3 and 17, 2007. b. ConocoPhillips/Kenai Multipurpose Facility January Ice Schedule ITEM 12: KENAY PARKS & RECREATION CONIIVIISSION FEBRUARY 1, 2007 C%TY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR DALE SANDAHL, PRESIDING MEETING SUMMARY %TEM 1: CALL TO ORDER & ROLL CALL Chair Sandahl called the meeting to order at approximately 8:10 p.m. (immediately following a joint work session of the Corsunission and the Beautification Committee). Roll was confirmed as follows: Comrxiission members present: D. Sandhal, T. Wortham, and D. Hagen Commission members absent: B. Deneson and J. Beeson Others present: Parks & Recreation Director B. Frates A quorum was not present. ITEM 2: ELECTION OF CHAIR AND VICE-CHAIR ITEM 3: AGENDA APPROVAL ITEM 4: APPROVAL OF MEETING SUMMARY -- December 7, 2006 YTEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion -- Bernie Huss Trail b. Discussion -- Budget c. Recommendation -- Possible Combining of Beautification Committee with Parks & Recreation Commission d. Recommendation -- Suggested Amendments to Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. ITEM S: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 9: COMMISSION QUESTIONS 8c COMMENTS ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD %TEM 11: INFORMATEON a. Council Action Agendas of January 3 and 17, 2007. b. ConocoPhillips/Kenai Multipurpose Facility January Ice Schedule ITEM I2: Due the lack of quorum, the meeting was adjourned at approximately 8:13 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk T-e CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 24, 2007 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Excused Absences *James Jenckes d. 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. 2. *APPROVAL OF MINUTES: a. *January 10, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ07-04 -Preliminary plat for Sprucewood Glen Subdivision No 9 (A resubdivision of Sprucewood Glen Subdivision Lots A3 & A4, KRD 84-305 & Lot A2-B, KRD 86-1.14). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. b. PZ07-OS -Preliminary plat for Williams Subdivision & ROW Easement Vacation (A resubdivision of Government Lot 941ocated within the SE'/a Section 34, T6N, RI I W, S.M.). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. c. PZ07-O6 -Preliminary plat for Redoubt Terrace, Bluff View Replat (A replat of Lot 1, Block 6, Redoubt Terrace Subdivision, Additional No. 3 and a subdivision of a portion of Government Lot S located within the SE ~/a NW ~/a Section 6, TSN, R11W, S.M.). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration. 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Building Pernut Summary 2006 b. Conditional Use Permits Yearly Report c. Planning & Zoning Commission roster 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSIO'. CITY COUNCIL CHAMBERS JANUARY 24, 2007 - 7:00 P.M. CHAIR JEFF TWAT, PRESEDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Roper and confirmed as follows Commissioners Present: P. Bryson, T. Lewis, R. Fullinck, S. Romain, R. Wells, J. Twait Commissioners Absent: J. Jenckes Others Present: Council Member Ross, City Planner Kebschull, Contract Secretary Roper A quorum was present. 1-h. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1-c. Excused Absences -- Commissioner Jenckes Approved by consent agenda. 1-d. Consent Agenda MOTION: Commissioner Fullinck MOVED to approve the consent agenda and Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 10, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZ07-04 -- Preliminary Piat for Sprucewood Glen Subdivision No 9 (A resubdivision of Sprucewood Glen Subdivision Lots A3 & A4, KRD 84- 305 & Lot AZ-B, KRD 86-114). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. City Planner Kebschull noted the following: • The plat would subdivide three parcels to create five parcels of various sizes. • The properties are zoned General Commercial and the resulting lots would meet the zone requirements. • There are cross-access agreements between parcels to provide ingress and egress to the Kenai Spur Highway. • There is a recorded right-of-way agreement for access off Walker Lane. • Lot A-1 has a building code violation but it is not a part of this plat. • Staff recommended approval. Commissioner Twait read the rules of a public hearing and opened the meeting for public comments. There were no public or Commission comments. MOTYON: Commissioner Bryson MOVED to adopt PZ07-04 and Commissioner Fullinck seconded the motion. VOTE: There were no objections. SO ORDERED. 4-b. PZ07-05 -- Preliminary Plat for Williams Subdivision & ROW Easement Vacation (A resubdivision of Government Lot 94 located within the SE ~/a Section 34, T6N, R11W, S.M.). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull noted the following: • A vacation of the 33-foot ROW easement was approved for the south 33- foot of Government Lot 94 in October 2005, however, a 15-foot utility easement was retained. • When this plat was received, administration believed it was formalizing the 2005 vacation. • The surveyor had advised they are starting the process over because of the delay and that they no longer want to dedicate the 15-foot utility easement. • Kebschull advised the applicant that if this plat was to start the vacation process over, the City would not formally receive the vacation until the Borough has approved it; at that time, Council would have 30 days to veto or approve the vacation; and, Administration would be recommending to Council the vacation be vetoed if it did not include the utility easement. PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 2 • In 1996 asingle-family dwelling was built on the lot and the City has verification that there are no encroachments. • The City Engineer noted the 15-foot utility easement would match the one retained along the southerly adjoining lot. • The easement also coincides with the 15-foot setback for that zone. • Staff recommended approval with the requirement the plat be corrected to show the 15-foot utility easement along the south property line. ChairmanTwait opened the meeting for public comment. Cliff Baker, Integrity Surveys, Kenai, Alaska -- Mr. Baker reported he was representing the property owner, John Williams who was out of town and unable to attend the meeting. Baker requested the item be postponed to the next meeting. The public comment portion of the meeting was closed. MOTION: Commissioner Bryson MOVED to postpone PZ07-05 until the next regular Planning and Zoning meeting and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 4-c. PZ07-06 -- Preliminary Plat for Redoubt Terrace, Bluff View Replat (A replat of Lot 1, Block 6, Redoubt Terrace Subdivision, Additional No. 3 and subdivision of a portion of Government Lot 5 located within the SE ~/a NWS'/a Section 6, T5N, R11W, S.M.). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull noted the following: • Approval of the plat would subdivide 12,226 sq. ft. from Government Lot 5 and combine it with the current Lot 1. • The new parcel would create a split zone situation with the new portion being zoned Conservation and the original lot being zoned Suburban Residential. • The parcel would be served by city water and sewer, would accessed off South Forest Drive and Toyon Way, and an installation agreement would not be required. • The structure located on the current Lot 1 was granted an encroachment permit on appeal for 9.9 feet into the side yard setback. This plat would eliminate the encroachment. • According to City and Borough records, Lot 1, Block 6 was developed with asix-unit condominium with multiple owners. • Ownership of the parcel should be verified. • Staff recommended approval with the recommendation the applicant request and receive a rezone of the Conservation portion of the lot to Suburban Residential and correct the street name to South Forest Drive. PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 3 Commissioner Twait opened the meeting to public comment. Cliff Saker, Integrity Surveys, Kenai, Alaska -- Mr. Baker noted the following: • He was representing the property owner and noted the plat had been approved by the Borough as an either/or situation (as a separate parcel or as an addition to the Craig parcel.) • He was not sure how the City was looking at it. • The retaining wall owned by the City at end of Forest Drive was encroaching on the property, however there appeared to be an easement but he did not have an opportunity to research it. • He was bringing the encroachment to the Commissions' attention because verification there were no encroachments was a condition of the plat being approved. Commission discussion followed and comments included: • Commissioner Bryson asked if the 35 feet on the south end was on the subdivided area and Baker replied it was like a flagged portion. Commissioner Bryson suggested it be so designated and Baker indicated he may do that. • Baker, referring to staffs recommendation of a rezone, stated that if the rezone was done before the plat was recorded, then there would be a split-zone on the other piece of property without a complete, legal description to fit it and it seemed the rezone should be done after it is recorded so one would know what to take out of the other parcel. • City Planner Kebschull stated that had been a problem but staff had found in the past that with subdivisions they do not fulfill all the requirements prior to the recording and oftentimes they do not come back. • Kebschull added, the large unsubdivided remainder was already asplit- zone situation with Suburban Residential on the west side and Conservation along the bluff and was currently not an issue. • Baker asked if it was staffs recommendation that they go ahead and split zone before it is recorded and Kebschull stated staff was recommending it be rezoned so it would not be a split-zoned parcel. Public comment was closed. MOTION: Commissioner Romain MOVED to approve PZ07-06 and Commissioner Fullinck SECONDED the motion. Discussion continued with comments including: • Bryson stated, by interpretation it meant the zone edges would run along the property line. • Kebschull replied, they did not in the past; there were large areas zoned according to the use of the property which the city has been working to clean up; staff was recommending a rezone but if the Commission felt it was not reasonable, then PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 4 they could recommend it not be rezoned. However, if there was interest to buffd on the parcel in the future, a rezone would be required. Kebschull was asked what benefit would there be to rezone and she indicated that could not be addressed. • Baker reported this had been in dispute for quite some time and indicated his client believed he owned out to where the bluff breaks over. As a result, his client developed his property based on that and he was actually encroaching in the rear properly setback on the existing parcel. Baker added his client had landscaped the area and had been using it as part of his property although it belonged to somebody else. The plat now before the commission would resolve the encroachment into the rear yard setback once it is moved to the top of the bluff. It would be a protection for the current owner because there is probably a half acre that fits and if someone wanted to rezone, they could build in front of this client's view. Baker reported the court decided that since his client had been using the property, the owner could not restrict him from using it and had to sell it to him. • Kebschull noted, in addition, the Borough would not allow transfer without the property being platted. Discussion followed related to who actually owned the property and it was noted the Borough had recorded the individual condominium owners as the owners who were being taxed. It was noted the Borough requires a certificate or title report for this and the signatures on the plat would have to be addressed. BREAK TAKEN: 7:22 P.M. (Kebschull requested the break to research the Code.) BACK TO ORDER: 7:25 P.M. • Kebschull explained, prior to making a decision on the rezone, she wanted to clarify the land was zoned Conservation and within the Land Use Table residential uses were allowed if the land is privately held. • I{ebschull added, within those constraints, the development that was already on that lot was asix-family dwelling and was all that would be allowed under the Suburban Residential zone without a conditional use. • Even if the conservation portion was attached and all other setback requirements would be met, one could develop on the portion of the property zoned Conservation. Requiring the rezone would restrict development more so than allowing the property to remain conservation. VOTE: B son Yes Lewis Yes Jenckes Absent Fulhnck Yes Romain Yes Wells Yes ~ Twait Yes MOTION PASSED UNANIMOUSLY ITEM 5: PUBLIC HEARINGS -- None PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 5 ITEM 6: OLD BUSYNESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT -None ITEM 10: REPORTS 10-a. City Councfl -Council Member Ross provided a report based on actions taken at the January 17, 2007 City Council meeting. 10-b. Borough Planning -- Commissioner Bryson provided a brief report based on actions taken at the January 22, 2007 Borough Planning meeting. 10-c. Administration -- Kebschull noted the 2005 and 2006 building permit comparisons were included in the packet as well as a report on Conditional Use Permits. ITEM 11: ITEM 12: 12-a. 12-b. 12-c. YTEM 13: ITEM 14: MOTION: PERSONS PRESENT NOT SCIiEDULED -- None. INFORMATION ITEMS Building Pernut Summary, Conditional Use Permits Yearly Report Planning and Zoning Cormnissioner Roster -- None. ADJOURNMENT Commissioner Fullinck MOVED to adjourn and Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at 7:45 p.m. Minutes transcribed and prepared by: Barbara L. Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 6 MINI-GRANT STEERING COMMITTEE MEETING JANUARY 30, 2007 4:00 P.M. CLERK/COUNCIL CONFERENCE ROOM KENAI CITY HAY,L AGENDA I1~ ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: ELECTION OF CHAIR & VICE-CHAIR ITEM 3: AGENDA APPROVAL ITEM 4: MEETING SUMMARY -- September 25, 2006 ITEM 5: OLD BUSINESS YTEM 6: NEW BUSINESS a. Review of Applications 1. Steve Schoessler/KCHS Workforce Development Center -- Steel Salmon. 2. Janie Odgers/Kenai Chamber of Commerce -- Directional Signage. ITEM 7: ITEM 8: ADJOURNMENT MI1VI-GRANT STEERYNG COMMITTEE MEETING JANUARY 30, 8007 4:00 P.M. CLERK/COUNCIL CONFERENCE ROOM KENAI CITY HALL CHAIR MAYOR PAT PORTER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Porter called the meeting to order at approximately 4:05 p.m. Roll was confirmed as follows: Commttee Members present: P. Porter, J. Odgers, L. Reese, P. ,Carty Committee Members absent: J. Steen Others present: None A quorum was present. ITEM 2: ELECTION OF CHAIR & VICE-CHAIR MOTION: Member Odgers MOVED to elect Pat Porter as Chair and Member Reese SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member Odgers MOVED to elect Loren Reese as Vice Chair and Member Carty SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: AGENDA APPROVAL MOTION: Member Odgers MOVED to approve the agenda with the addition of the last page of Item 6-a-2. Member Carty SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: MEETING SUMMARY -- September 25, 2006 MOTION: Member Carty MOVED to approve the meeting summary of the September 25, 2006 meeting. Member Odgers SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: OLD BUSYNESS -- None. YTEM 6: 6-a. Review of Applications 6-a-1. Steve Schoessler/KCHS Workforce Development Center -- Steel Salmon. The membership reviewed the application included in the packet and all agreed it a very good project. MOTION: Member Carty MOVED to approve the application submitted by Steve Schoessler/KCHS Workforce Development Center and Member Reese motion. There were no objections. SO ORDERED. 6-a-2. Janie Odgers/Kenai Chamber of Commerce -- Directional Signage. The membership reviewed the application included in the packet. MOTION: Member Carty MOVED to approve the project application and Member Reese SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: ANNOUNCEMENTS the The membership briefly discussed problems involved with previous projects being completed and the submittal of the final paperwork. A request was made to amend the Mini-Grant application process and paperwork to indicate a change from ninety percent (90%) to fifty percent (50%) of the grant request to be paid in advance and the remaining paid upon completion of the project and paperwork. ITEM S: There being no further business before the Committee, the meeting adjourned at approximately 4:20 p.m. Meeting summary prepared by: Carol L. Freas, City Clerk MINI-GRANT COMMITTEE MEETING JANUARY 30, 2007 PAGE 2 INFORMATION ITEMS KENAI CITY COUNCIL MEETING FEBRUARY ?,200? 1. */*/2007 Purchase Orders Between $2,500 and $15,000 for council review. 2. 1/ 18/07 Kenai River Sportsfishing Association comments on Department of Natural Resources proposed regulation. 3. 1/17/07 C. Lemann, State Law Librarian letter supporting proposed expansion of the Kenai Community Library. 4. 1 / 18/07 Department of Commerce Community & Economic Development FY08 Population Determination. 5. Kenai Fire Department 2006 Annual Report. 6. 1 /26/07 Public Works Department, Project Status Report. 7. 2/6/07 Kenai Peninsula Borough Assembly Meeting Agenda. 8. 2006 Kenai Police Department Motor Vehicle Collision Report. 9. December, 2006 and January, 2007 Kenai Municipal Airport, Monthly Enptanement Reports. 10. 1/31/07 B. Molloy memorandum regarding 1/25/07 meeting -- Senior Assisted Living Center Project. J U Z Q V O W O 4 0 C~ d o ~' N 0 o n ~' N Q EH ~ ~ ~ W W W w W CII LL N ~ a (9 W Z ~ ~ W w w v 2 ~ Q m. U Z 'L Q O O O O O O O ~ ~ c y N ~ O O O a } O 4C) M N N ~ N o S v 'i i D < r ~ r c O z O U ~ ~ ~ w U W H ~ ~ a w _ ~ o 4 m ~ _ ~ m ¢ ~ a Q zo ~ o o to z 0 4 a o ~ ~ a m a ~ u~ 0 z d O z_ ~ ~ ~ F Q o ~ g ~ z d ~ m a ? _ ~ ~ w O ~ q~ m r w m z n ~ m ~ O w W z O J ~ O J V} O ~ j ''- O Q 4 a O a U o a ~ W ~ '~` c°v O a K aw J ~ ~ w ~ z ~ ¢ ~ ~ ~ O ~ Y m z ~ p .O.i a ~ ~ a Cn U w 7 U O Q twi> ~ ~ Z W ~ O 7 o ? 4 z z a ,°n -, O ¢ ~ w Y o ~ w D _m ~ ~ ~ ? d ~ d ~ Q z a ~ I~~-i Carol Freas From: Ricky Gease [rickyCkenairiversportfishing.com] Sent: Thursday, January 18, 2007 1:24 PM To: kenaimayorl0@msn.com Cc: Carol Freas Subject: KRSA comments on DNR proposed regulations Dear Mayor Porter: Attached are KRSA's comments on the DNR proposed regulations for the Kenai River that I mentioned to you at last night's council meeting. Please share them with the council, as it contains information on questions raised by council members in that regard. While I understand the council's decision to table council member Moore's motion, I do not favor no action and encourage continuing movement and discussion on this issue. I suggest coordination with the city of Soldotna and the Kenai Peninsula Borough on similar ordinances may be a successful avenue for exploration. Some other thoughts: Review of the Phase Two of the Boat Wake study shows that the KRSMA board's concise recommendations to DNR were right on target. Boat wakes play a minor role in overall river erosion compared to the natural hydrological force of the river itself, be it the typical summer flow rates, or larger icing events in the winter, or major episodic flood events. That said, moving to 50 hp will reduce boat wakes if the average weight of boats does not increase. This is achieved by the boat length and width restrictions in the proposed regulations. ' A suggestion has been made for a Board of Fishery proposal that would require boats with two stroke motors to anchor up in the river below the Warren Ames bridge -this is not a really a viable option for meaningful personal use fishing from a boat as it would not be a very effective method for dip netting and it may also create a navigation hazard as witnessed when there is a congregation of drift boats anchored up in other sections of the river. I am available at your convenience or that of any other council member if there are questions or concerns. Keep up the great work as the mayor of Kenai - I appreciate your service to our community. Warm regards, Ricky Gease Executive Director Kenai River Sportfishing Association 907-262-8588 www.K~naiRiverSportfishingcom ..:.:.t..k:R:t'.rfr:'t:Y,4:}:t,t,tR:tk.t`.t:t`:tfr:i st ot:t}prt:t;t'.:bkdifr;}y,rtd:t:t`~.t:t`k:tkM1:R :4 h:t :t t. :: :t ^frdfr4i:4 rt:t :t:k,t This email is foi~ the sole use of the intended recipient(s) and contains information which may be conf-i denti al and/or legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copyying, distribution or tai<i ng of any action in reliance on the contents of this email information may be a vi of at~on of law and is strictly prohibited. if you are not the intended recipient, please notify the sender and destroy all copies of the original message. ..k..fri::k:`rt+te:`.t.:tk:t:r`:tir:t^:t:t:tt.':n.~.t:tk:tk:4O;4'.:fr:4^i'k:t:t:4rtt.:Sk:t:tY:t:t^p:4Rh `:'r :k :L;t ,::t :t :t :4;4 ;4 ;tui: +s 1/18/2007 20(1612007 Board Members Rik Bury December 19, 2006 Bonr'd Clxai~anran Tesoro Alaska -Retired Chris Degernes, Chief of Field Operations Eldon?vluider Division of Parks gild Outdoor Recreation 1°' vt~e chaa. 550 W. 7`" Ave., Suite 1380 7°he Mulder Ct~mpany Anchorage, AK 99501-3561 President Kevin Branson Dear Ms. Degernes: Secretary/ZYeasamer Thomas, Bead & Greisen Kenai River Sportfishing Association (KRSA) is a 501 (c) 3non-profit fishery Certified Public Accountant conservation organization dedicated to ensuring the sustainability of the greatest Ron Rainey sportf shing river in the world, the Kenai. KRSA supports habitat conservation, vtice Presiaerat predictable spor~shing opporttmity, fishery research to advance sustainable Roe's Alaska Lodge -Retired management, and education to promote stewardship of the fisheries resom'ces in the Ben Ellis Kenai River watershed and Alaska. LZStitute of the North Managing Director In the area of habitat conservation and rehabilitation, KRSA has raised millions of dollars ttnough the Kenai River Classic and leveraged ntillions more through Dick Bdceneff Kenai River Raven cooperative parhlerships with local, state (particularly the Alaska Department of owner NaCural Resources) and federal. agencies to maintain and improve the Kenai River watershed for sustainable fisheries. The Kenai River is viewed as a role model for Shirley Gifford effective habitat conservation and. rehabilitation projects, and recognized as one of Soldotna Police -Retired the best managed. waterways in the world. Jim Golden The Sports Den KRSA would like to comment on the recommendation from Che Kenai River Owner SOecial Management Area (I~2SNIA} Advisory Board to the Alaska Mark Hamilmn Department of Natural Resources (ADNR) That ADNR promulgate new University of Alaska regulafions to increase the current maximum horsepower limit from 35 to 50 Presidenf horsepower, limit the size of boats, and restrict all motors used on the river Reubenxanke after January 1, 2008 to those which meet the 2006 motor emission standards Han~y Gaines Kenai River hishing specified by the U.S. ,Environmental Protection Agency (EPA). Owner KRSA has a committed board with 13 directors, 300+ members, and hundreds of Bilt MacKay committed volunteers. Within our organzation there is solid support for the ADNR Alaska Airlines Senior vice President proposal to adopt regulation changes in Titte 11 of the Alaska Administrative Code, dealing with boat and motor restrictions in KRSMA. Robert Penney PENCO Properties We support the proposed change in Boat Motor Use (ll. AAC". 20.860}, which Owner would make. changes to boat motor use in the KRSMA, as follows: Gary Tumor Kenai Peninsula College ~_ Increase the maximum allowable horsepower for motorized boats in the Director KRSMA from 35 to 50 horsepower (hp); KRSA Comments -Page Two b. By January 1, 2008, require all outboard engines used in the KRSMA to be either four-stroke or direct fuel injection two-stroke motors: We agree with the ADN`R findings that this proposal is necessary to increase the allowable horsepower so that typical power boats in the ICRSMA can operate more efficiently to achieve "planing speed" and reduce the size of boat wakes. We also agree with the establishment of the upper litnit on engnle size at 50 hp, which is a readily available, standard maa~ufactured engine size, and with removing the authorization for larger engines to be detuned to meet the 50 hp requirement. Finally, we fully support motors used on the Kenai with the restriction on the river to engines that produce cleaner exhausts, since studies have documented that hydrocarbon polhrtion levels attributed to boat engines exceed Alaska Water Quality Standards. With respect to 11 AAC 20.860, we include these comments: The ADNR finding that it is necessary to increase the allowable horsepower so that typical KRS:VIA power boats canoperate more efficiently to achieve "planing speed" and reduce the size of boat wakes stems fiom Phase One of the boat make study, which showed that boats on step produce a smaller MAX6PAV than do boats that are not on step. Phase One of the boat wake study showed that a 50 hp motor has the capacity to get commonly-sized Kenai River boats (21' or less) on step quicker, thereby reducing boat wakes. Boatswifli 35 hp motors were shown to have difficulty at times getting these boats on step, with flee result being boats plowing through water, producing the maximum wake instead of a Lesser wake. We note that boat safety is also an important consideration. in this discussion. Boat safety is increased when 1?oats can get out of the hole quiclccr and more efficiently. By achieving planing speed sooner, a safer field of vision for a boat operator is more quicidy reached. In our opinion, this racks as a higher safety concern than any risk associated wifli moderate increases in boat speed. Boat collisions are much more likely to occur when the operator heads out of the hole with a "blind" field of vision than at any other time, particularly when the operator is departing a fishing area that may have in excess of 50 boats. 1?otential for collisions in tl'iese situations is greatly increased when the operator's vision is blocked by a raised bow. Collisions while a boat is on step are much more likely due to an operator's lack of knowledge about the rules of river navigation or unfamiliarity with their vessel than with boat speed. o A motor regulation that requires detuning to meet its requirements is arbitrary and capricious; a motor regulation that allows detuning to meet its requirements is against federal lam.. Currently there is no readily available, standard manufactured engine size of 35 hp, either in a traditional carbureted 2-stroke engine or in the newer low-pollution 4-stroke or direct fuel. injection 2-stroke engines. Standard manufactured engine sizes of 50 hp, 40 hp, 30 hp and 20 hp are readily available. By default, detuning or after-market modifications, which are not iegat per EPA regulation, are required on either 50 hp or 40 hp boat motoz-s to meet the current 35 hp regulation. It is rather sruprising that ADNR and I~RSMA have not faced inquiries by the FPA for this apparent violation of federal law. To comply with federal law, we support a state prohibition of detuning as a method of regulatory compliance. KRSA Comments-Page Three As such, the current 35 hp regulation is arbitrary and capricious for the public, private sector boat motor manufacturers, and law enforcement off cers. o The public is forced to purchase a product which requires illegal, after-market modifications that cause the product to beless efficient and potentially more polluting, depending on the method of detuning. o Manufacturers of boat motors are forced to carry an unnecessary economic burden to create an illegal, after-market modification to its product in order to comply with this uizique Kenai River regulation, which has not been adopted anywhere else in the state, nation or world. o Kenai River law enforcement officers should be expected to uphold regulations in an easy, efficient and effective mamler. Education and enforcement of this regulation is cumbersome and time-consruni~ng. Whereas a standard hp regulation, such as 50 hp, would be easy to check, educate and enforce, 35 hp has been an interactive quagmire between law enforcement officers and the public. This was proven last year when approximately 80% of those found in violation of the 35 hp restriction were private anglers. • Raising the maximum Izp limit to 50 hp allows the maximccm mm~ber of current boat motor owners to comply with the neiv regulations, as long as the motor is either an approved Zorv pollution 4-stroke or DF72-stroke motor. As the current majority of detuned 4-stroke boat motors on the Kenai River are 50 hp (detuned 40 hp motors do not have a large market share), we agree with the change to allow up to 50 hp 4- strokeboat motors in the KRSMA. By setting the maximum hp limit at 50 hp, the new regulation will allow all current 4-spoke boat motor owners to remove their detuning kits urd meet the new regulation (as long as their 4-stroke boat motor is 2006 compliant). • W e do not find acceptable the alternative of raising the maximum hp limit only to 40 hp, as all current boat motor owners ~~ith detuned 50 hp motors (vast majority of detuned motors are 50 hp) would be forced pw~chase (as dehuling to meet the new regulation would be prohibited) 40 by compliant motors, an unnecessary burden. This would disenfranchise at least 70% of all powerboat river users, far more than the relative few who own traditional 2-stroke motors. We also find suggested alternatives to lower the maximun hp limit to 30 hp or 20 hp, or otherwise completely ban boat motors in KRSMA, without merit or justification. The suggestion to link smaller motors with smaller boats (or drift boats only) that carry fewer people will lead only to increased crowding, both on the river and at boat launch sites, as more boats are required to carry the same mm~ber of anglers, not to menfion the financial hardship on all boat owners who would have to purchase new boats and / or motors to comply with such regulation. A move to drift boat only restrictions would disenfranchise every Kexrai River private property owner who uses their land to launch their power boat - as tl~reir property could be used for only either a launch or return -if at all. • I2egaeirhxg all outboard engines used in the KILSMA to be either 4-stroke or direct ficel injection 2-strobe motors by January 1, 20(/8 will have a direct economic impact on current owners of traditional2-stroke motors. However, in light of the documented non-compliance on the Kenai KRSA Comments -Page Four River with Alaska Neater Quality Standards and that traditimxal 2-strobe motors have been shown to be a significantpoint source of this hydrocarbon pollution, we feel it is importanf, to implement this regulation as proposerL It should be noted that mamtifacturers of boat motors, state and national agencies and the public have had more than ten years notice from the EPA and other sources on the deleterious impacts of hydrocarbon pollution from traditional 2-stroke motors on water quality. Many boat motor companies were proactive and started to comply almost immediately witfl the EPA's 2006 national water quality standards once they were announced iu the 1990'x. Regulatory actions involving traditional 2-stroke boatanotors should coma as a no surprise to anyone, especially post 2006. To lessen the economic impact on those owners of U~aditional2-spoke motors affected by the new regulation, there is already in place a buy-back prograrn that gives a $500 cash rebate for qualifying trade-ins. To assist in the buy-back program, certain boat motor companies have also offered a $500 matoh for the purchase of qualifying motors. Additionally, local conservation groups such as the Kenai Watershed Forum and KRSA are exploring the option of providing no- interest /low-interest consumer loans to those owners impacted by t11e new regulation. In light of the possibility of fiuther regulatory action if concrete action plans are not implemented to reduce hydrocarbon pollution on the lower Kenai River, we do not support alternatives to the proposed regulation that would push back the January 1, 2008 deadline of requiring all outboard engines used in the KRSMA to be either four-stroke or direct fuel injection two-stroke motors, or to unplement this restriction only in July or only below the Soldotna Bridge. Such alternatives do not deal with the hydrocarbon pollution issue hi a timely or comprehensive manner. Boat owners who fish iv May, June, August; September and / or October wilt almost definitely fish in July -the month that malces the Kenai River famous. Baud-aids v~e not an adequate solution in this situation. We support the proposed change in Boat Use (ll AAC 20.861), a new section that limits overall length au,d width for motorized boats used in the KRSMA to no more than 21 feet long and no more than 106 inches wide. We are neutral on the provision that would authorize the use of larger boats until January 1, 2010 by a permit issued to persons who owi~ oversized boats on the effective date of this regulation, although we do believe this world. prove to be troublesome to enforcement efforts similar to how the present detuned motors are a challenge to ensuring 50 HP owners have detuned their motors to 35 HP, even though this is against federal law. We agree with the ADVR findings that this provision is necessary to ensure that boat size does not increase when the horsepower limit is raised to 50 hp, as the benefit fiom reduced boat wakes would be lost with larger, heavier boats. In addition to the t~DNR findings with respect to I I AAC 20.861, we include these comments: Linking 50 hp with a boat length limitation is an important, simple and effective first step to ensure that boats have enough power to get on step and reduce boat wakes. As with the rationale in the 50 hp limit, we agree that the change to allow boats up to 21 feet long and 106 inches wide will cover the vast majority of boats currently operating in the KRSMA and as such reduces the number of people affected by non-compliance issues. Allowing larger, heavier boats than this 21' I{RSA Co~mneuts -Page Five x 106" configuration would most likely negate any benefits associated with an increase to 50 hp, and we are neutral on any grandfather date (it may cause more problems than resolve, specifically enforcement). The match of boat motor and boat length /width in the proposed regulations allows improved boat safety and quality of experience for anglers in the following manner: market forces have shifted boat owners into the 18' - 2 P boat length range on the Kenai River, which allows four to six people more room to maneuver and fish comfortably, and to move about the boat in a safe manner, thus reducing the risk of accidents while fishing. While the number of boats and crowding is an important social issue to consider on the river, adequate angler space on the boat itselfis also an important component that works to improve the angling experience. Regulations that would confine anglers into smaller boats (less than 18') will inevitably lessen both the enjoyment and safety of fishing, and cause an tmdue economic burden on the public. We support the proposed change in Non-motorized areas (11 AAC 20.865 b), as it repeals a section that sunset in 2003 that permitted limited motorized use for certain residents in the upper Kenai River area. After review of the ADNR proposal to adept regulation changes in Title 11 of the AAC, which deal with boat and motor restrictions in KRSMA, we support the four actions that: o removes an arbitz~ary and capricious regulation by switching to a commonly available motor size (50 hp); o stops detuning as an allowable, illegal method of regulation compliance; o removes a major source ofhydrocarbon pollution, the traditional 2-stroke motor, from the river; and o matches appropriately motor horsepower with boat length and width. ICI2SMA and ADNR have had a lot of success stories as the public agency that manages the Kenai River -unfortunately the arbitrary and capricious 35 hp regulation is one of their few missteps, one that was made without sufficient research. The responsible course of action is to adopt the proposed 50 hp regulations. By bringing the horsepower regulation in line with an industry standard motor 2006 EPA compliant (which 50 by is), by removing the illegal method of detuning for regulatory compliance, and linking horsepower with an appropriately matched boat length l width, we will lessen hydrocarbon pollution in the water, improve boating safety, and reduce boat wakes. With regard to the last issue -boat wakes and ba~ilc erosion - we have the following comment: Absent from this grouping of regulatory changes is configuration of boat hull design. This is appropriate, as many questions about boat hull design, bank erosion, and the necessity for regulatory action remain unanswered at this time. Phase One compared 50 hp and 35 hp on various configurations of boats and measured boat wakes in the conh~olled environment of Johnson Lake. Phase Two of the Boat Wake study addresses the interaction on the Kenai River of only 35 hp motors on various boats, measuring variables such as hull design, travel directions, boat load, and others. As such, potential decisions regarding hull design are more appropriately addressed after this study is released, peer reviewed, and the KRSMtI board and its committees, ADNR and other state agencies and the community KI2SA Comments -Page Sax have had an appropriate amount of time to analyze and comment on the results. 1. We believe a scientific peer review of this soon-to-be released study is imperative in order to increase the study's credibility within the seienrific community. 2. More study questions on boat htidi design and bank erosion will come out of wake study Phase One and Two. An immediate research question is: what is the effect compared. to the Phase Two results 'if the variable of 35 hp is changed to 50 hp`? In light of the Phase One results that show 50 hp vs. 35 hp reduces the size boat wakes in commonly used boat hull designs on the Kenai River, this is an important wake study Phase Three research question. 3. Bank erosion is a natural river process driven by nm~mal fluctuations in river flows and periodic disturbance especially fiom flood and ice events. We do not have an adequate baseline of data. to understand the normal range of natural bank erosion rates, either on the smaller scale year to year basis of fluctuations during snu7mer and winter of river and ice flows, or on the longer time horizon which is punctuated with larger, more variable catastrophic flood and ice events. Another factor that must be researched is flee tidal influence on barilc erosion of the first eight river miles. Considering that this area also contains fire most unstable bank areas and is more subject to erosion due to soil makeup, the region and wetlands bordering dais area demand such a study be undertaken. AL this Cime there is no systematic method in place to fund, gather and analyze such data on the Kenai River. 4. The relative contributions of human activities, of which boat wakes is one factor, and these normal river processes in the Kenai River are unknown. Since there is no baseline for comparison between natural erosion processes and human induced causes - we do not have the ability at this time to put into context the significance and meaning of studies such as wake study Phase Two. 5. The significance of the respective impacts of human caused and natural bank erosion processes on fish production is even less well defined. In Fish habitat research, there aae few stLidies that attempt to adch~ess the issue of increased rates of bank erosion and its effect on fish production, and there are no such comprehensive studies for the Kenai River. 6. A comprehensive suite of scientific fish habitat research studies that aaiswer points 3, 4 and 5 above will take many years and require a significant investment of financial resources to accomplish with any degree of certainty. 7. The resolution and understanding of the significance of boat wakes and barilc erosion is many years in the making, not a few months or next year. 8. Application of wake study Phase One and Two results should not be predicated on the untested assumptions that boat wakes are a statistically significant source of bank erosion in the Kenai River or that such erosion affects fish production. These studies do not and were not intended to provide insight on the degree aFwake-induced bank erosion vs. natural processes or the effects of bank erosion on fish productivity. 9. The tack of current resolution to the significance of boat wakes and bank erosion is not an acceptable excuse to defer action on the current ADNR proposals. Phase One of the wake study showed that moving from 35 hp to 50 hp lessens the impact ofboats wakes for some boats commmonly used on the Kenai River- as such implementation of 4he 50 hp will provide either beneficial or neutral results. 10. With respect to barilc erosion on the Kenai River, there are several important processes currently in place that assist private property owners in mitigating and preventing potential negative consequences of bank erosion. The Kenai River Center acts as a center for permitting and education for private property owners, who can learn about and follow riparian laud use regulations. 11. Land owners along the Kenai River can also access the Cost Share Program, administeredjointly by ADFG and USFWS (with significant funding provided by ICRSA), which provides matching financial KRSA Comments -Page Seven assistance for bank conservation and rehabilitation projects. Over the last decade more than 500 projects have helped stabilize riparian banks along the Kenai River..Most are designed through bio- engineering to stabilize and importantly mimic Long-term, natural river erosion processes. 12. In areas where riparian habitat is susceptible to bank damage, mitigation measures and tools are already in place through regulatory action, such as designated no wake zones and bank fishing elosm~es where there is no responsible bank angling infrastructure in place to allow responsible sport fishing access. KI2SA supports the recommendation from the Kenai RiverSpecial Management .Area (I{RSMA) Advisory Board to the Alaska Department of Natural Resources (ADNR) That ADNR promulgate new regulations to increase the cun•eut maximum horsepower limit from 35 to 50 horsepower, limit the size of boats, and restrict all motors used on the river after January 1, 2008 to those which meet the 2006 motor emission standards specified by the U.S. Environmental Protection Agency (EPA). By removing arbitrary and capricious regulations, lessening a major point sowroe of hydrocarbon water pollution, and matching motor and boat size, ADl~`I2 is continuing to take good steps for positive change on the Kenai River. Are these the only steps, or last steps, necessary for the Kenai? Of course not. But failure to act on this cun~ent set of regulatory changes will heedlessly slow the process down for future constructive change on the Kenai. The time to act is now, before the issues are exacerbated. We encourage ADNR to enact these changes in a timely manner and avoid unnecessary delays. ADNR enacted new guide regulations in a timely manner, despite the fact that there was dissent at the time that the regulatory changers were not all inclusive or that more discussion and analysis was necessary. By enacting regulatioitis in a timely manner, the Kenai River Guide Academy is a success story and we are in the position to move forward on other remaining guide issues. KRSA has worked in partnership with ADNR on past issues, such as funding improved law enforcement on the Kenai River, providing matching funds to facilitate fire working group that addressed Kenai River guide issues and funding hifrastrucriue improvements for State Parlc sites on the Kenai River that provide responsible sport fishing access to the public. We took forward to continuing our productive partnership with ADNR. We are actively looking for ways to assist the process of assm~ing low or no hiterest loans for consumers impacted by the new regulations. We are also open to consideration of further requests for matching funds to facilitate KItSMA working groups on issues such as updating the comprehensive KRS?~IA management plans, especially to update boat and bank angler access. On behalf of the Kenai River Sportfishing Association, we value the significant hivestment of time and effort from KRSMA and ADNR in this suite of proposed regulations. We appreciate the opportunity to participate in the process. Respectfully, Ricky Geese Executive Director ~I~~k~ ~f~x~ C~1rxAxrt ~~tfu `~iS~~~rxr~ 303 K Street Anchorage, Alaska 99501-2084 January 17, 2007 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 Re: >ixpansion of Kenai Community Library Dear Council Members, (907) 264-0585 I am writing in support of the proposed expansion of the Kenai Community Library. I briefly visited the Kenai Community Library in October, 2006 when I made a visit to the Kenai Law Library. I could easily tell that the library is a community hub with a variety of users. Libraries are a mainstay of many communities by providing Internet access, subscriptions to databases unavailable to individual users, books, periodicals, government documents, automobile manuals, and more. Many people continue to believe that they car locate all the information that they need on the Intenzet without assistance. Librarians have the expertise and knowledge to suggest alternative sources including subscription databases, remind users to evaluate hrternet and other resources for cun~ency and authenticity, and work with patrons to focus their research. Libraries are evolving. There is a continual need to evaluate and coordinate electronic acid print resources. Despite the fact that electronic resources do not take up shelf space, they do require equipment to use. Computers present space and wiring challenges that can be particularly difficult when installing them in older buildings. Ms. Joiner, the Library Director, and I discussed the possibility of placing the law library materials, cunrently Located in the coru-thouse, in the Community Library. 1Vfs. Joiner advised that she currently has no space available but might consider this in the firture. There are a number of advantages to placing the legal resources in the Community Library. Should the Community Library remain near the same location, it is close enough to the courthouse to be convenient to court staff attorneys, and litigants. The Community Library hours are longer than the law library hours, providing better access to users of legal information. There is a public access terminal in the law library that provides access to subscription based electronic legal information, inchiding Westlaw. From my meeting with the Kenai Bar Association, I believe that the Kenai legal community would be in favor of relocating the legal resources to the Community Library. For a variety of reasons, more and more individuals choose to represent themselves in court. Easy access to legal information is important for self-represented litigants to research statutes, cases, and court rules. Whether or not the legal collection is relocated to the Community Library, I endorse the expansion of the library. Sincerely, Catherine Lemaaln State Law Librarian Cp(nmuNly pn F°~G0 oeo DEPARTMi;NT 6F tSF ~~ ~ L , ?r o ~~ CO&tMll:~`ITY RND m ~~ ~~ ,~ ECONOMIC DEVELOPMENT ~ o~ "'°"`"-°` e~ 4 IIivision of Community Advocacy ~ ~'~oYe Of No' ~ ~ January 18, 2007 The Honorable Pat Porter City of Kenai 210 Fidalgo Ave., St. 200 Kenai, AK 9961 ] RE: FY 08 POPULATION DETERMINATION Dear Mayor: Sa• Lmil.' Nlrthael Black, Uirutor a ~ '~ -•«_- I[ ...,„..~.......e. E I ~a ~~ ~ ._ ~. ;~lr ^wF The Department of Commerce, Community. and Economic Development annually determines the population of each municipality for use in various financial assistance programs. Population estimates are prepared by the State Demographer at the Department of Labor and Workforce Development. The 2006 population of the City of Kenai has been determined to be 6,864. If you do not agree with this figure, you may request an adjustment by documenting your own population. Municipalities with a population of Tess than 1,000 must conduct a "head count census". Municipalities with 1,000 or more residents may use a "head count census" or the "housing unit method", which includes specific statistical measures. The department requires that the population adjustment request be fully documented, that the Council or Assembly pass a resolution adopting the results, and that it be completed and postmarked by April 1, 2007. If you choose to request a population adjustment, please contact the department for a copy of the FY 08 Head C,"ount Census Insh~uction Mmaua] or the FYOS Housing Unit Method Population estimate Instruction Manual. These manuals provide additional information on the procedures and documentation required. Contact Inds Arriaga, Research Analyst, (phone: 907-269-4521, e- mail: Iudra An~ia«a cr commercestate.ak.us) or me (phone: 907-465-4733, e-mail: I3i11 Rolfzei>~a commerce state ak.us) for additional information. Sincerely, „ r ,~,°1,~/`/~ pi BiII Rolfzen ~~ Program Administrator ~ ~~~~ ::- ~, ~~°~ J~ ~( ~~ P.O. Box ll0809, Juneau, rllaska 99811-0809 T'elephonz: (907) 465-4751 Fax (90'P 465-4761 'T'ext Telephone: (907) 465-5437 Websiee: http:~/www.commetce.state.ak.ns/dca 1l~~-~ r~ ~~ , ~ _ ) ` i fi ~ ~ , u,m ,_' i G / ~ ~ ~ r ~ ~i ~. ~ ~ ~ kip ~' ~ z 2006 Annual Repor4 Kenai Fire Department TYIission statement Maintain a fit and healthy emergency team that responds quickly, makes a positive difference, and returns home safely. Goal To safely respond to 90% of all emergencies located in the City within 5 minutes of notification, and provide quality customer service to our citizens. Priorities 1. Emergency Response 2. Training 3. Fire Prevention 4. Apparatus, Equipment ~ Facility Maintenance 5. Pre-incident Planning 6. Physical Fitness Kenai Fire Department ~r III Iun~ °/® I n r a 2006 2005 2004 2003 1297 1212 1200 1101 11% i % I % ® 63% of the total call volume for 2006 was for providing Emergency Medical Care. Ambulance billing for FY 2006 = $373,666.75 • Total Fire Loss for 2006 = $466,250 Total Value of Property Involved in fire = $1,345,450 ® Station 1 responded to 1,118 calls with an average response time of 6 minutes & 34 seconds ® The Airport Fire Station responded to 178 calls with an average response time of 5 minutes ~ 19 seconds Emergency Medical Investigate/Enforcement Provide Assistant Fil I-in/Standby N R U w 0 d a r Extinguish ~ Control Rescue Restore Systems Search & Rescue Hazardous Conditions nai Fire rt nt 2006 dins 1°aken Number of CaIIs 450000 $416, 500 400000, 350000 300000 ' --- --- 250000 }. _.__..... _..-.. 200000 a _.. _.--...._. 150000 .i. -. _._ _.-.-......._..- 100000 -- --- 50000 0- __..._._. Kenai Fire Department 2006 Total Fire Loss Kenai i=ir epartenfi 2006 Fire Loss y ccupancy nai Fire part ant 2006 Incidents by Day of V10eek 250 200 Sunday ~~8 Monday Tuesda ~ - .. ~- ~; s~ ~ Z~~, ,~- , ~ . y Wednesday ~ _ ~~ .,,.,~,g~; Thursday Friday Saturtlay 2006 01:00 to 04:00 to 07:00 to '10:00 to 13:00 to 16:00 to 19:00 to 22:00 to Incidents 01:59 04:59 07:59 10:59 13:59 16:59 19:59 22:59 by Time of Day ~. t ~`~ ~~ ~. ~~ _, .~ ~ .. ;«~zr ~; ~~~ „~, ~_, ,: ~~` ~a ~~. 0 0 I~-~ R o .Project Sta tes Report NC=Non-Construction L-Jack La Shot F=Future RS -Robert Springer. STIP=State Trans. Imp MK -Marilyn Kebschull Jet -Jan Taylor A/NC/F/ City Cm~tact Project Name Status STa~ A JL Airport Parallel Taxiway Resolve liquidated damages and closeout. A JL Airport Runway Safety QAP shut down until March 1, fencing work to Zone/Extension continue, generators to be installed midwinter or spring. Change order for electrical. A MK Airport Supplemental Planni ng Proceeding with implementation. Assessment A JL Contaminated Soils -Shop Sewer installed. Oillwater separator work to do, restrooms in spring. A RK Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M is drilling monitoring wells. A JL Kenai Soccer Fields Advertise for bid February 14. A RK LID's & Miscellaneous Pavin g - McCollum/AliaklJaponski LID; Angler LID; Set Net 2007 LID; and Miscellaneous Paving Projects are being engineered by Nelson & Associates for bid in March and completion this summer. A RK Water System HDL is reviewing fles on wells and treatment. At issue: WH2WaterTreatment;ArsenicTreatment; WH4; On-site wells for parks; Lawton Dr. Water Main; Water Study Update; and activating old wells. F JL Boating Facility Exit Road Paving one half of the parking lot and widen the road. DOT driveway permit onto Bridge Access Road has been applied for. Friday, January 26, 2007 Page 1 of 2 A/NC/F/ City Contact Project Name Status srr~ F LID - S. Ames and Thompson Property owners are circulating petitions for LID's Park LID's F LID's -Shamrock Circle Council put this project on hold. Wrote letter asking property owners to suggest method of allocating costs. Have not received any comments from property owners. F JL Maintenance Shop Preliminary plans and specifications complete. STIP DOT -Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles... Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. Friday, January 26, 2007 Page 2 of 2 Kenai Peninsula Barough ° Assembly .Ae February 6, 2007 - 7:00 p.m . Regulaz Meeting Borough Assembly Chambers, Soldotna, Alaska Ron Long A. CALL TO ORDER Assembly President Seat 6 -East Peninsula g, PLEDGE OF ALLEGIANCE Term Expires 2009 Margaret Gilman C. INVOCATION Assembly Vice President Seat 2 -Kenai D. ROLL CALL Term Expires 2008 Paul Fischer E. COMMITTEE REPORTS Assembly Member Seat 7 -Central F. APPROVAL OF AGENDA AND CONSENT AGENDA Term Expires 2007 (ALI items listed with an asterisk (") aze considered to be routine and non-controversial by the Deborah Germano Assembly and will be approved by one motion. There will be no sepazate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Assembly Member Consent Agenda and considered in its normal sequence on the agenda, Seat 8 -Homer Term Expires 2008 ..... . G. APPROVAL OF MINUTES .; oPP G - As, }Member x a *1. January 16, 2007 Regular Assembly Meeting Minutes ......... 1 atifornsky Se fl= Term Expires 2009 H. COMMENDING RESOLUTIONS AND PROCLAMATIONS Milli Martin Assembly Member Seat 9 -South Peninsula I. PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) Term Expires 2009 1. Casey Reynolds, City of Wasilla, Proposed Changes to State Grace Merkel Li uor Law on Transfer of Licenses within Boroughs with a q Assembly Member Sear 5-Sterling/FunrryRiver populati0ri Of 40,000 or more (10 minutes) Term Expires 2008 2. Bill Coghill of Mikunda Cottrell & Co -Presentation of the Pere Sprague b Comprehensive Annual Financial Report (CAFR) for fiscal er Assembly Mem Seat 4 - soldoma year ended June 30, 2006 (l0 minutes) Term Expires 2007 J PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE Gary Superman . Assembly Member AGENDA (3 minutes per speaker; 20 minutes aggregate) Seat 3 - Nikiski Term Expires 2007 ~ REPORTS OF COMMISSIONS AND COUNCILS February 6, 2007 Page 1 of 6 L. MAYOR'S REPORT .... . ......................... . ..... . .............. 13 1. 2. 3 Assembly Requests/Responses a. Memo from Scott Bloom, Assistant Borough Attorney Regarding Update on CareMark Prescription Discount Drug Card Program ...... 14 Agreements and Contracts a. Approval of Contract with D&L Construction Company, Inc. for Hauling ...................................................20 b. Approval of Contract with Jim Allen for Recertification'Course for CentralEmergency Services ....:.............................21 c. Approval to Renew Contracts with First American Title, Kenai, Seward and Homer for Limited Liability Reports .................. 22 d. Approval to Award Contract to Wells Fargo for Custody and Safekeeping of Marketable Debt Securities ....................... 25 Other a. Budget Revisions -December 2006 ............................ 26 b. Revenue-Expenditure Reports -December 2006 .................. 28 c. Project Reports -December 31, 2006 ........................... 31 d. Memo from Bonnie Golden, KPB Grants Manager Regarding Borough Grant Reports ......................................47 i. Kenai Peninsula Small Business Development Center -Mid Year Report .........................................48 ii. Kenai Peninsula Economic Development District, Inc. -Mid Year Report .........................................55 M. N. Ordinance 2007-01: Amending KPB Chapter 5.28, the Purchasing Code, to Require that the Mayor Obtain Assembly Approval to Award Certain Contracts (Sprague) (Referred to Policies and Procedures Committee) ....... 60 ITEMS NOT COMPLETED FROM PRIOR AGENDA -None PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) __ February 6, 2007 Page 2 0 2. Ordinance 2007-02: Increasing. the Number of Board Members for the Seward-Bear Creek Flood Service Area from Seven to Nine (Long @ the Request of Service. Area Board) (Referred to Policies and Procedures Committee) .....................................................72 3. Ordinance 2007-03: Amending Chapter 21.20 Regarding Board of Adjustment Proceedings (Mayor) (Referred to Policies and Procedures Committee) .....................................................77 Ordinance 2007-03 (Mawr) Substitute: Amending Chapter 21:20 Regarding Board of Adjustment Proceedings (Mayor) (Referred to Policies and Procedures Committee) ............................................80 O. UNFINISHED BUSINESS 1. Notice to Reconsider a. Resolution 2007-003: Authorizing Award of a Contract for filing an Educational Funding Lawsuif Against the State of Alaska (Mayor) [Reconsideration given by Fischer] :....:....................... 90 P. NEW BUSINESS 1. Resolutions * a. Resolution 2007-007: Establishing Federal Legislative and Funding Priorities for the Year 2007 (Fiscal Year 2008) (Legislative Committee) (Referred to Legislative Committee) .................. 92 *b. Resolution 2007-008: Authorizing a Lease with Arctic Arches of a Heated Storage Building for the Nikiski Fire Service Area (Mayor) (Referred to Finance Committee) ..............................93 *c. Resolution 2007-009: Declaring Children Alaska's Top Priority (Martin, Long) (Referred to Legislative Committee) ...............108 *d, Resolution 2007-010: Supporting House Bill 25 Relating to Landowners' Immunity for Allowing Use of Private Land for Recreational Activities (Martin) (Referred to Legislative Committee) ........................................................111 *e. Resolution 2007-011: Authorizing the Administration to Amend the Lease and Operating Agreement for Central Peninsula General Hospital to Change the Date Notice of Termination Shall be Given (Mayor) (Referred to Finance Committee) ......................118 February 6, 2007 Page 3 0 *f. Resolution 2007-012: Designating the Newspaper and Authorizing Award of a Contract for the Publication of the 2007 Property Tax Foreclosure List, the Delinquent Personal Property Tax, and the Delinquent Real Property Lease Lists for the Tax Year 2006 (Mayor) (Referred to Finance Committee) .............................121 *g. Resolution 2007-013: Extending the Contract for Audit Services for One Year (Mayor) (Referred to Finance Committee) ..............124' *h. Resolution 2007-014: Approving Board Bylaws for the South Kenai Peninsula Hospital Service Area Board (Mayor @ Request of South Kenai Peninsula Hospital Service Area Board) (Referred to Policies and Procedures Committee) ..................................127 2, February 6, 2007 Ordinances *a. Ordinance 2006-1.9-40: Appropriating $39,500 to the Assembly Elecfions Budget to Cover Anticipated Costs of the May 8, 2007, Special By-Mail Election and Authorizing the Purchase of Election Supplies, Materials and Services (Long @ Request of the Borough Clerk) (Shortened Hearing on 02/20/07) (Referred to Finance Committee) ..............................................135 *b. Ordinance 2006-19-41: Appropriating $100,000 to Support Kenai Peninsula Borough Efforts to Obtain Equitable Funding from the State of Alaska for the Kenai Peninsula Borough School District (Mayor) (Hearing on 03/13/07) (Referred to Finance Committee) ....137 *c. Ordinance 2006-19-42: Appropriating $1,183,732 from the General Fund to Provide Supplemental Funding from Local Sources for School Purposes During Fiscal Year 2006-2007 (Mayor) (Hearing on 03/13/07) (Referred to Finance Committee) .....................140 *d: Ordinance 2007-04: Authorizing the Lease of Land in the Cooper Landing Area to Cooper Landing Emergency Services, Inc. at Less than Fair Market Value (Mayor, Long) (Hearing on 03/13/07) (Referred to Finance Committee) .............................143 * e. Ordinance 2007-05: Authorizing the Negotiated Lease at Fair Market Value of Proposed Lot 1 Go Gas Pad Subdivision Containing 1.0 Acre More or Less to Marathon Oil Company for Expansion of an Existing Natural Gas Production Pad (Mayor) (Hearing on 03/13/07) (Referred to Finance Committee) .............................148 Page 4 of 6 *f. Ordinance. 2007-06: Amending. KPB 4.10.130 to Provide that Election Expenses Related to Special Elections for the Benefit of a Service Area be Borne by the Service Area (Kropp) (Hearing on 03/13/07) (Referred to Policies and Procedures Committee) ........180 3. Other a. .Approval of Ballot Proposition Summary for May 8, 2007 Special Election (Referred to Policies and Procedures Committee) ..........183 b. Petition to Vacate a 50-footPublic Access Easement along the South and West Boundary of Government Lot 13 and Vacate 20-feet of the 50-foot Public Access Easement along the East Boundary of Government Lot 13 per Patent as Recorded in Book 36 Page 70A of the Kenai Recording District; within Section 34, Township 8 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2007-002; Note: A 30-foot Public Access Easement will remain along the East Boundary of Lot 13. Petitioners: Roger L. & Sandra L. Groth ofNikiski, Philip H. Clay of Homer and Trust Land Office of Anchorage, Alaska; Location: On Daniels Lake in Nikiski (Referred to Lands Committee) ...........186 [Clerk's Note: The Planning Commission approved the above refer°enced vacation by majority consent at its regularly scheduled January $, 2007 meeting.) *c. Authorizing an Application for Restaurant Designation Permit Filed by Rosin Investments, Inc. dba Duck Inn (Referred to .Finance Committee) ..............................................219 *d. Confirming an Appointment to .the KPB Planning Commission (Referred to Policies and Procedures Committee) .................221 Apnointment Board Seat Term Ex in res Alice Joanne Collins Anchor Point/Ninilchik July 31, 2007 *e. Confirming an Appointment to the KPB Road Service Area Board (Referred to Policies and Procedures Committee) .................224 Aroroointment Board Seat Term Exx_pires Cam Shafer South Region September 30, 2009 February 6, 2007 Page 5 of 6 *f. Confirming an Appointment to the Moose Pass Advisory Planning Commission (Referred to Policies and Procedures Committee) ......226 Appointment Board Seat Ruth L. D'Amico Seat C Q• R. S. T. Term Expires September 30, 2008 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND FIEARING ANNOUNCEMENTS February 20, 2007 7:00 PM ASSEMBLY COMMENTS Regular Assembly Meeting Soldotna PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.} Ordinance 2006-19-39: Accepting and Appropriating a Grant from the Denali Commission in the Amount of $40,000 for Recycle Equipment (Mayor) (Hearing on 02/20/07) (Referred to Finance Committee) U V INFORMATIONAL MATERIALS AND REPORTS NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on February 20, 2007, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K201A0-FM 88.1 (East Peninsula). Copies of agenda items are available at the Borough Clerk`s Once in the Meeting Room just prior to the meetin&. For further information, please tali the Clerk's Offace at 714-2160 or toll free within the Borough at 1-800- 978-4441, Ext. 2160. Visit our website at www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions. February 6, 2007 rage o ui v r ~ ~ F~ > ~ ~ i ~ s ~ / ~ p, 1 A ~~kt. ~ ~d #, ''~ '~ ' :3.. U ~ ~,. ~. I. FATAL MOTOR VEHICLE ACCIDENTS 1n 2006 there was one collision that resulted in a fatal injury. On 7uly 7, 2006 at 0030 hours, asixteen-year-old male riding a Yamaha 660 4-wheeler struck a metal barrier gate on an unlit utility corridor. The victim was traveling at a high rate of speed when he struck the barrier gate and was ejected from his machine. He was wearing a helmet, but died of his injuries. Toxicology results indicated that he had a blood alcohol content of .034 percent. II. TOTAL MOTOR VEHICLE ACCIDENTS AND TYPE Tvne reported to KPD 2006 2005 Change 1. Total .................................. .........404....... .......320...... .......+26% Z. Investigated {12-200) ......... .........183....... .......163 ...... .......+12% 3. Damage Only ..................... .........140....... .......136 ...... ........ +2% 4. Injury ................................. ...........41....... .........27 ...... .......+5 0% 5. Hit and Run ....................... ...........24....... .........31 ...... ....... -22% 6. Fatal ................................... .............1....... ...........0 IH. LOCATION OF OCCURRENCE 1. KSR mile 12-14 _.... ..... 19 7. Bridge Access Rd ..... . 12 2. KSR mile 6-8 .......... ..... 18 8. KSR/Forest............... ..9 3. KSR mile 4-6 .......... ..... 17 9. Beaver Loop............. ..? 4, Private Property ...... ..... 17 10 KSR/ Bridge Access.. .7 5. KSR mile 10-12 ...... .._. 16 11. KSR/Airport ........... ..5 6. KSR mile 8-10 ........ ..... 14 12. KSR/Main St.......... ..3 There were 32 collisions listed at other locations that were sub-divisions or side streets not intersected with the Spur Highway IV. PRIMARY CAUSE 1. Animal Action........ .... 45 7. Neg/Reckless ........... ...9 2. Driver Inattention.... .... 33 8. AlcohollDrugs......... ...9 3. Failure to Yield........ ... 25 9. Slippery Pavement... ...6 4. Speed ...................... .... 20 10. Improper Lane Use.. ...4 5. Unsafe Backing...... ....13 11. Unknown ................. ...4 6. Failure to Stop ........ .... 10 12. Equipment Failure ... ...1 1 V. OCCURRENCE BY DAY AND TIME o001-0600 0601-120o r2o1-raoo raor-zaoo Tonal ror Sunda 5 7 7 7 26 14% Monday 1 11 11 11 34 19% Tuesda 3 6 11 i 7 27 15% Wednesday 1 2 10 5 ~ 18 10% Thursda 4 3 15 4 26 14% I Friday 2 9 11 9 31 17% Saturda 2 3 11 5 21 11% TOTAL 18 41 76 48 183 10% 22% 42% 26% VI. FIVE YEAR COMPARISON 2006 2005 2004 2003 2002 ReportedMVC ....................... ..........404 320 362 349 384 Investigated MVC .................. ..........183 163 169 183 225 Damage Only ......................... ..........140 136 142 1.42 179 Injury ...................................... ............25 27 ZS 39 47 Fatal ....................................... ..............1 0 2 1 0 Collisions with Animals .......... ............45 27 29 35 25 AlcoholfDWl Related ............. ......... _.13 5 8 7 20 FIVE YEAR 450 _._...._..__.. i ___.. 400I~I---,-~~ 350 ~-t~: 200 ~ --_ 150 '_~~- 100~ , ----__ e O p F Q o" ®2002 ®2003 2^ 004 ^ 2005 ®2006 2 VII. SUMMARY AND CONCLUSION 183 investigated collisions involved 296 vehicles and 422 people, and seatbelts or approved restraint devices were reported to be utilized by 91% of involved persons (361!394). This is a decline of 5% of that reported in 2005. The 25 injury collisions resulted in 6Z persons reporting injuries. They ranged in definition of possible, non-incapacitating, and incapacitating. The number of collisions reporting injuries was similar to last year, but the number of people who reported injuries increased more than 200%. This increased number is largely due to inconsistent reporting, which included the category "Possible." Alcohol was a factor in 9 collisions in which an arrest for Driving Under the Influence was made, which is twice as high as 2005. Alcohol or drugs were involved in a total of 13 incidents. The average breath alcohol concentration for an arrested driver in an MVC was .125 BrAC, which is 1 'h times the legal presumptive limit of .08. Only 4 of the 9 cases had reported alcohol amounts. Improper Lane Use 2% Alcohol/Drugs 3°k Slippery Pavement 3% 1 I NeglRecldess 5% Failure to Stop s°~ Primary Cause Unknow n 20~ Equipment Failure // 1 / / Animal Action 27% ®Animal Action ®Driver Innattention ^Failure to Yield ^Speed ^Unsafe Backing p Failure to Stop ®NeglReckless pSlippery Pavement ^ AlcohollDrugs ®Improper Lane Use ^ Unknown pEquipment Failure Unsafe Backing 7°~ Speed) Failure to Yield Driver Innattention 11% 14% 19% Overall, KPD made 80 arrests (79 adult, 1 juv) for DUI in 2006, a decrease from 103 in 2005 and down from 92 in 2004. KPD officers worked an additional 105 hours of dedicated grant overtime hours for the suppression of drinking and driving, In 2005, 290 hours of dedicated hours were worked. In 2006, 15 drivers involved in collisions were uninsured and were found to be at fault. 8% of crashes involved non-insured drivers. 113 drivers were issued summonses for Failure to Insure Vehicle, and there were 90 citations issued for Failure to Show Proof of Insurance, There is not a measurable system in place to determine how many of those cited actually did not have insurance coverage. 3 6 drivers were found to have suspended or invalid licenses and a116 were found to be at fault in 2006 collisions. I{enai Police officers recorded 2994 traffic related contacts, down 6%, resulting in 1115 citations including 96 citations as a result of accident investigations There were 45 collisions with animals, a significant increase. Two involved caribou, and a e°~ dog was involved in another. ]0 occurred between January and March, while 18 occurred between September and December. The majority 1$% occurred between mile 4 and mile 8 (16), between mile 12 and 15 (10), and on Bridge Access Rd (6). All but ten occurred on two-lane, non-lighted roadways with a posted speed limit of 55 mph except for two that occurred on Beaver Loop Rd. and one on Marathon Rd. 12% i3°.6 I~WARNINGS ~~, !®SPEED OSEATBELTS ^ EQUIPMENT ^OTHER J The 404 reported collisions in 2006 are a one year increase of 21% and ll% over a two-year period. The 183 investigations represent the first increase after 4 years of successive declines, and are 12% more than 2005. Reported, but not investigated accidents include vehicles in the ditch, those that incur less than reportable damage requirements, and those occurring on private property. In the latter part of 2005, KPD implemented a procedure of not initiating a criminal investigation of minor Hit and Run incidents in parking lots that resulted in minimal damages with no investigative leads. This will result in a decrease in the number of investigated incidents in relation to those reported. The collisions were evenly spread among the days for occurrence. The majority of the collisions happen between 1200 and 1800 (42%). The second highest time was between 1800 and 2400 (26%). -------- -- Day and Time I 76 Nearly 68% of the collisions 1a 12 took place in these 10 time periods, and most of them s before Spm. 75% of the collisions s occurred during the workweek. 4 I 2 0 Traffic Contacts ®Sunday B Monday ^Tuesday ^Wednesday ^Thurstlay D Friday 4 0001- 0601- 7201- 1801- 0600 1200 180D 2400 Patrol officers spent 51% of their time conducting investigations and 28% of the time dedicated to patrol. Additionally, 5% of patrol officers' time was allocated to training. 2006 COURT PR saw the Kenai area host the Arctic Winter Games and this, along with a few other special events, constituted 4% of officers' time. 2006 continued dedicated programs designed to reduce collisions, reduce DUI occurrences, and increase seatbelt use. KPD participated in these grant programs and added 247 dedicated traffic hours. 142 hours were under a seatbelt enforcement grant and 105 were dedicated to DUI enforcement. Some of the DUI grants came with specific time requirements. A change in the grant allowing more flexibility for the department based on statistical needs and scheduling may result in more of the allocated hours being utilized and a greater visible presence. The decrease in Patrol hours and grant hours worked resulted in fewer traffic contacts and an KSR/Main St KSR/Airport KSR/Bridge Access Beaver Loop KSR/Forest increase m Bridge Access Rd motor vehicle KSR mile 8-10 collisions. KSR ile 10 12 m - While it would require a Private Property comprehensive KSR mile 4-6 study over the course of KSR mile 6-8 several more KSR mile 12-14 years before this parallel 0 5 10 15 20 could be made definitively, this may be the beginning of a justification for a specialized position addition that is dedicated to traffic enforcement. Such a position could be financially self-sustaining either through proactive revenues or federal and state grants, or both. 5 Our mission, together with the community of Kenai, is to make our city a place where all people live safely and without fear. Highway safety is the one area that impacts the greatest number of city residents and non-residents. Resource management in this area deserves critical assessment. Presented by Randy Komtietd Casey Ifersbberger Jayms nanis 7anuary 2007 6 ~~-~1 ~~ ~o ~~ s o ~ U ~ Z O W Q Y j Q *" o O N W Q ~ O Q U L6 N W ~ _ ~ C ~ ® C C Z F ® Q 1° N is Z Q ~ ~a W . d t G O ~ ~ ~ ~ ~ ~ r m ~ ti ~ ~ ~n ~n co co o rn ~ m ~ o rn rn N N M 0 ~ V ~ N N N V d ' V m ~n v rn v m o v m o m N (O lf7 tD t!7 Ln (D O m Cfl (O (O O im O O V O N N O ~ V ' ~ r ~ ~ V m O O n to .- V N .- In m c+~ w rn co o v rn m m co O C W ~ O ~ ~ ~ O O M V M co co co co r t~ ~ m t~ r t~ t~ 0 O Ln O (7 W W N !~ h N o7 V of (O 1~ C7 V N N I~ 1~ 0 r r [`') V !~ f~ to to V' to W _ r (O N M (O M CO OJ O M O (O W m cn o ~ co o~ rn o~ rn v ~Y' M (O O CO O LL~ ~ n V O lIj ~ ~ LL) 11J GO Oi r to ~ ~ ll) ~ i `m o, m ~ ~ ¢ c O Z o i ~ 4 ~ n obi a c 64 N C O R 0 N Q C ~ O N R t Q ~~ ~ C d d ~ Y ~ .a U = C f0 +• O i C ~ N ~ ~ U N L_ •(~ L U y Q ~ X l~ rte-' M m O V M N M W V 0 O c m O O r N O M r Vi :° H q R d O C ~ ~ t O C U ~ Z Q O w Q Y j Q +°' o ~ N C G C) w ~ ate= ~ U~ya C W "~ '~ C F. O Z h O ® a ~:' N (} Q Z ~ O w a t c O d m n X 0 0 0 0 0 0 0 0 0 0 0 ti m O n ui -~i IL ~ Q ~ -~i ~ ¢ (n O > Z U ~ O ~ C R N V C c o (=g i N O Q •~ L ~ O N ~ ~ Y ~ Q C 'R 'O C d d ~ m ~ ~ C C t0 +• O i ~ N r ~ T L V„ L n" v ~ ~. y t0 i V ~ d 'C U N ~ (,~ lD ~?j' T ya i X ~ ~ ~ .' n ~ ~ ~ c N Q N ~ W F Tn'~- to uru~~~ll y1~M~ _ ~~~'~u~t~ri~n~:fa II~~s~ TO: Mayor, City Council Members, City Manager & Administration FROM: -Bob Molloy ~~~ DATE: 01/31/07 SUBJECT: Meeting 01/25/07 on Senior Assisted Living Center Project The Senior Connection had decided not to continue with the Senior Assisted Living Center Project. Janie Odgers, for the Kenai Chamber of Commerce, a member of KEDS, set up a meeting held on 01/25/07 at the Kenai Senior Center Re: round table discussion regarding the Senior Assisted Living Center Project. I attended the meeting for City Council. Also in attendance were: Janie Odgers, Kenai Chamber of Commerce Rachel Clark, Director, Senior Center Jim McConnell, Contractor for Frontier Community Services Ken Duff, Frontier Community Services Ryan Smith, CEO, Central Peninsula Hospital Dennis Murray, Director, Heritage Place Frank Arbelovsky, Senior Connection, was unable to attend the meeting because there. was another meeting at the same that he had to attend. Rachel Clark gave the history of the project, including various parcels of land that the Seniors had looked at as potential locations for the Assisted Living Center. Ms. Clark reported that the Board of the Senior Connection supports the project, but it has taken more than five years to get to this point, and the Board decided that the Senior Connection cannot be the sponsor for the project because the Senior Connection does not have the resources to see the project through to completion. The Senior Connection also did not think that the Momsen location was feasible. Jim McConnell said that the main problem for the Seniors is that the Senior Connection does not have the resources to sponsor and complete the project. He discussed different models for ownership of the land and management of the facility. He said that a model for ownership could include the Senior Connection as a member of another non-profit that is set-up to own and administer the property and project, and that that non-profit could contract out the actual management. Ken Duff said that Frontier Commuuuty Services is going forward with its project for the Momsen property, but does not have the resources to sponsor the project for the Senior Assisted _Living Center. FCS has design money from the Mental Health Trust Authority and has an application for the USDA grant to help fund their project. He said that FCS remains willing to be a contractor for management. Mr. McConnell currently is contractor only for Frontier Community Services, but he did present his Long-term vision of a development plan for Seniors. He said that his vision is that the City ultimately could sell Vintage Point and put those dollars into a Senior Village, so that the Senior Center would be relocated to a Senior Village created in the back half of the Momsen property, adjacent to Kenai Senior Connection property where the assisted living facility would be built. He said that the 20 acre parcel on Swires Road near the Golf Course, (that had been reviewed at one time as a potential site for -1- the project), could handle the Assisted Living Center development, but was not large enough for a Senior Village. Mr. McConnell said he had met with the Mental Health Trust Authority and that the Trust had a new approach to development grants that would allow additional funding for the planning stage. He said that he believed that he could get a $50,000 grant, plus another $75,000 grant that would be paid back if the project goes forward, and that this represents about 50% of the funding needed for the next step of the development plans. He said that his goal is to have the bulk of his architectural drawing and specification sheet covered by grants. He said that he is also working with National Corroborative Bank out of Washington, D.C. Mr. McConnell said that he had been to HEA and Enstar, and that with the project redesigned to be located near Redoubt Avenue, utility costs were estimated to be only about $70,000, and that approximately $600,000 would be needed to improve the proposed Fifth Avenue. Fifth Avenue off Redoubt Avenue will be the access and will bisect the two parcels. He said that it is his understanding that the City is working to bring water and sewer up the proposed Fifth Avenue, then will dogleg water and sewer over and up to Wildivood Avenue, for the State's needs for the prison, and that this will benefit the project. Mr. McConnell said that there is an economic development block grant that the City could apply for in order to obtain funds to assist with funding improvements to Fifth Avenue. Mr. McConnell said that the survey costs were about $15,000 and could be split between the two projects, and that there are taxes owed to the Borough and City which have to be paid. Ryan Smith and Dennis Murray were interested in obtaining information to bring back to their Hospital Board about the projects and what Central Peninsula General Hospital, Inc., might be able to do, if anything. Mr. McConnell said that former Hospital CEO, Dave Gilbreath, had assisted by sponsoring a medical survey, and that another medical survey could be sent out to update that survey and its results. Mr. McConnell's intent is to identity the number of Seniors that are Medicaid and Medicare recipients, since that figure is important to grant funding sources. Mr. Smith and Mr. Murray recommended that this information be obtained from the State, but Mr. McConnell also wants a survey of medical staff because it will help to show community support. Mr. Smith asked Mr. McConnell about data on sustainability of the Assisted Living Center. Mr. McConnell indicated that an operating budget had not yet been prepared, and that there was no data on sustainability available at this time. Mr. Smith and Mr. Murray requested a memo about the project for their Board. Mr. McConnell plans to_put ogether a memo about the status of the project, different models for ownership of the property and management and administration of the facility and its program, and other details, and plans to provide a memo for City Council for the 2/21/07 Council meeting. 2- AGENDA ENAI CITY COUNCIL -REGULAR MEETING x,.i,~ ~ FEBRUARY 7, 2007 ~_,-:~ 7:00 P.M. ,~„urya/ KENAI CITY COUNCIL CHAMBERS MrNAi.AIWSMi http://www.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Scott Hattenburg & Lori Dilley, Hattenburg, Dilley & Linneii -- Presentation of Arsenic Groundwater Study. 2. Casey Reynolds, Economic Development Planner, City of Wasilla - - Proposed Liquor License Legislation ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. Ordinance No. 2204.2007 --Creating the PRISM Special Revenue Fund and Increasing Estimated Revenues and Appropriations to Fund Operations for FY2007. 2. Ordinance No. 2205.2007 -- Amending KMC 7.15.050 to Add Subsection (g) Allowing Emergency Purchasing Without Competitive Bidding. 3. Ordinance No. 2206.2007 -- Amending KMC 13.30.010 to Reflect the Renumbering of the Traffic Violation of Negligent Driving in the Alaska Statutes. 4. Ordinance No. 2207.2007 -- Amending the Official Kenai Zoning Map by Rezoning Tract C, Gusty Subdivision No. 2 and Tract B, Shadura Subdivision, From General Commercial (CG) to Central Commercial (CC). 5. Ordinance No. 2208-2007 -- Amending KMC 14.20.250, Off-Street Parking and loading Requirements. 6. Ordinance No. 2209-2007 -- Amending KMC 14.25 to Include Four or More Dwellings in the Landscaping/Site Plan Requirements of the Kenai Municipal Code. 7. Ortlinance No. 22104007 -- Increasing Estimated Revenues and Appropriations by $88,450 in the Airport Fund to Fund PRISM Operations and Replenish the Contingency Accounts. 8. Ordinance No. 2211.2007 -- Authorizing the Sale of Approximately 38.224 Acres at Tract 1, Baron Park, 2005 Replat in the City of Kenai, Alaska, to Wal-Mart, Inc. and Setting Forth the Price and Other Terms and Conditions of Sale. 9. Resolution No. 2007-Ot -- Awarding a Contract to Holiday Companies for Furnishing and Dispensing Unleaded and Diesel Fuel. 10. Resolution No. 2007-02 -- Awarding the bid to Big G Electric & Engineering, Inc. for Kenai Senior Center Light Replacement 2007 for the Total Amount of $36,965.31. 11. Resolution No. 2007-03 -- Transferring $25,000 in the General Fund for Shop Department Operating Supplies. 12. *Liquor License Renewals -- • Peninsula Oilers/Recreational Site -- License #846 • BPO Elks Lodge #2425/Club -- License #368 • 2 Go MarUPackage Store -- License #4544 Three Bears/Package Store -- License #4118 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS i. BiIIS to be Ratified 2. Approval of Purchase Orders Exceeding $t 5,000 3. `Ordinance No. 2212-2007 -- Increasing Estimated Revenues and Appropriations by 51,000 in the General Fund for a Library Grant. 4. *Ordinance No. 2213-2007 -- Increasing Estimated Revenues and Appropriations by 52,000 in the General Fund to Purchase a Dip Net Pay Shack. 5. `Ortlinance No. 2214-2007 -- Increasing Estimated Revenues and Appropriations by $39,000 in the General Fund Shop Department to Rebuild Loader. 6. Approval -- Consents to Subleases and Amendment to Lease/Lot 7, Etolin Subdivision, Second Addition to DEHR-JV Company. 7. Discussion -- Zoning Powers/Restricting Access to the Kenai River. 8. Discussion -- Schedule Work Session/Kenai Municipal Airport Supplemental Planning Assessment, Phase 2 Report. EXECUTIVE SESSION -- None Scheduled. ITEM N: 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. Freas, City Clerk D/211