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HomeMy WebLinkAbout2003-02-05 Council PacketKenai City Counci i Meeting Packet February 5, 2003 AGENDA KENAI CITY COUNCIL- REGULAR MEETING FEBRUARY 5, 2003 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: , ITEM C: ITEM D: SCHEDULED PUBLIC COMMENTS (10 minutes) Betsy Arbelovsky -- Community Care Foundation REPORTS OF KPB ASSEMBLY, LEGIST-_&TORS AND COUNCIL8 PUBLIC HEARINGS . , Public Hearing -- Regulating Smoking in Eating Establishments Ordinance No. 1987-2003 -- Amending KiVIC 23.50.010 to Change the Range of the Police Trainee While Attending the Public Safety Academy at Sitka to a Range 2. , Ordinance No. 1988-2003 -- Amending KMC 7.15.050 to Increase the Purchasing Limit Without Competitive Bidding for Construction or Maintenance Projects to $20,000. . , Ordinance No. 1989-2003 -- Increasing Estimated Revenues and Appropriations by $1,900,000 in the Wellhouse No. 4 Capital Project Fund and $950,000 in the Water and Sewer Special Revenue Fund. Ordinance No. 1990-2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Day Care Centers From "C" (Conditional Use) to "P" (Principal Permitted Use) in the CG (General Commercial), CC (Central COmmercial} and IL. (Light Industrial) Zones. . Resolution No. 2003-06 -- Supporting the Approval of the Tri-Borough Position Paper for Federal Outer Continental Shelf Oil and Gas Leasing Program, 2002- 2007. -1- . ITEM E: . 2. 3. 4. 5. 6. 7. ITEM F: . ITEM G: ITEM H: ITEM I: o . o o , ITEM J: ITEM K: , , o *Liquor License Renewals Pizza Paradisos -- Bevera§e Dispensary Kenai Joe's -- Bevera§e Dispensary BPO Elks Lod§e #2425 -- Club Peninsula Moose Lod§e # 1942 -- Club The Rainbow Bar-- Bevera§e DiSpensary COMMISSION/COMMITTEE REPORTS Council on Aging · Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce MINUTES *Regular Meeting of January 15, 2003. *December 12, 2002 Work SessiOn Notes CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1991-2003 -- Increasing Estimated Revenues and Appropriations by $779.25 in the General Fund for Drug Asset Forfeitures. *Ordinance No. 1992-2003 -- Increasing Estimated Revenues and Appropriations by $24,876.90 in the General Fund for an Alaska Highway Safety Grant to Purchase Video Cameras. Approval-- Vacation of the Westerly Three-Foot Portion of the 33-Foot Access Easement to Accommodate the Existing Building, All Within Section 34, T6N, RI 1W, Seward Meridian, Alaska, the city Kenai and the Kenai Peninsula Borough -- David Yragui, Petitioner REPORT OF THE MAYOR ,ADMINISTRATION REPORTS City Manager -2- , Attorney City Clerk- ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT -3- MAYOR'S REPORT FEBRUARY 5, 2003 REGULAR COUNCIL MEETING MOVE: ADD AT: CHANGES TO THE AGENDA E-7d (Chamber of Commerce Report) to be heard before E- 1. ITEM J: House Bill No. 4/relating to publicly owned Correctional facilities (see page 2, line 5) REOUESTED BY: CITY CLERK MAYOR WILLIAMS ADD AT: ITEM K-I' 1/31/03 Memorandum regarding Kenai River Bluff Erosion Study/Project Status from Patrick Fitzgerald. CITY MANAGER CONSENT AGENDA No changes. MAYOR'S REPORT . Z 0 ~Z(/) Il:: o<~<~o~ ~ ~Z(/3 n'- ~Zo3 n" o0Z.O' o<~~o~ i o< og ~ ~Z 03 rr ~ ~0~ o< og ,, o<~<~o~ > ~Z~ n-' O0 n,- Z O_j 0 <~ o<~~o~ > ~ z~ ~ z~ ~ o< og Survey of Kenai Peninsula Philanthropy Re~arding the Formation of a Community Care Foundation For Central the Peninsula prepared by Healthy People/Healthy Communities, Inc. and Bridges All across America, local service organizations, public service programs and scholarships are funded through community foundations. By accessing untapped financial reserves, Community Foundations increase the funding available to meet the needs of the very groups that meet the community's needs. In the very best of win-win situations, Community Foundations quickly become an important asset to the community. ..Community. Foundation Advantages to the Donor Community, Foundation Advantages to the Communi .ty Satisfaction of doing something that matters and lasts, Donors can chose their cause, Public Recognition, Tax advantages, Donors leave a lasting legacy, Professional financial management and strict investment management provide permanence to gifts, Meets individuals charitable goals, Individuals can leave their estates intact for their heirs & still give, Funds can be restricted to the donor's favorite purpose, field of interest, scholarship or other donor requirement, Advised Funds allow the donor to actively participate in dispersing fimds, Local & national funders know their contributions can be matched & will have a greater impact, Donors with average financial assets can direct a portion of their estate into meaningful work. Promotes and builds sustainable economic development, Creates oppommities, Inspires local genius & initiative, Promotes values of community service, Builds long term financial stability, Leverages funds, bringing money into the community from outside the Central Peninsula, Builds philanthropic capacity, Provide grants where local area needs are greatest, Builds private financial stability reducing the need for tax supported assistance, Builds financial stability for worthy public programs, Local control results in better communication between the community and the foundation, Establishes and strengthens networks. Community Care Foundation Community Survey Page 1 of 5 Types of Funds within a Community Foundation Types of Gifts to a Foundation Unrestricted Funds.; Gifts to the Foundation to be used in accordance with Foundation guidelines to benefit the Central Peninsula. Specific Area of Interest Funds; the donor specifies the cause or area of interest and designates criteria for grant awards, eligibility, etc. Donor Advised Funds; the donor designates the committee who will disperse the funds as well as the criteria for giving. For example, the donor may designate themselves, family members, corporate members, or specific community members. This designation can continue into perpetuity. Specific Organization Designated Funds; the donor designates specific non-profits or other organizations who will benefit fi'om the fund. All gifts in the fund will benefit that organization. Cash · Publicly traded securities, stocks, bonds and other f'mancial insmaments · Living trusts · Interest in limited partnerships · Life insurance · Real estate, land, buildings, commercial or private rental property · Income from asset (Donor keeps the asset, to leave to their heirs, but gives the Foundation the income it generates during the Donor's lifetime.) · Assets without income (Donor keeps the income generated during their lifetime and leaves the asset to the Foundation.) · Appreciated property · Scheduled giving =dmini=tmffve Scholarship/Fellowship Funds; the donor designates the criteria for award. (This could also be a Donor Advised Fund, with the Donor designating the award committee as well) Stand-by Foundations; the donor sets up a fund with at least $5,000, and includes the fund in their estate planning. C mmun £oudn #onz zble ng, zv ilzble do wort( worth doing! At the Community Care Foundation, we recognize the social, cultural, economic and political power of the local philanthropic community, meaning you and your peers. We are asking for your expertise in helping us design a foundation to benefit Peninsula causes and organizations. Working together, we can realize the Central Peninsula's potential. We want to hear from everyone! Whether you are a volunteer, a community service professional or a donor, we are interested in your views. Please take a few moments to complete the attached survey. We are happy to pick it up, (call 260-3800) or you can return it by February 14, 2003, to' Community Care Foundation 145 Kasilof Street Soldotna, Alaska 99669 Fax: 262-3800 Note: Please feel free to make or request copies of this survey to distribute to others. Community Care Foundation Community Survey Page 2 of 5 Survey of Kenai Peninsula Philanthropy Regarding the Formation of a Community Care Foundation for central region of the Kenai Peninsula Your Name: Mailing Address: Phone: Your E-mail ad&ess: Your Organizations or Affiliations: Phone: Please indicate whether you agree or disagree by indicating a higher number for agreement and a lower number when you disagree with the statements below. Space is provided, please feel free to elaborate, use the back, add additional pages call or e-mail. 1. Efforts to effect meaningful improvements in the central region of the Kenai Peninsula could benefit fi'om the establishment of a Community Foundation. Strongly Disagree Neutral Agree Strongly disagree agree 1 2 3 4 5 . In what ways do you feel the Community Care Foundation might benefit organizations you support or work with? 3. Public service organizations could operate more efficiently with more stability in funding. ..... Strongly Disagree Neutral Agree Strongly disagree agree 1 2 3 4 5 Community Care Foundation Community Survey Page 3 of 5 4. Local charitable organizations could benefit from inclusion in estate planning. Strongly Disagree Neutral Agree Strongly disagree agree 1 2 3 4 5 5. Individuals who want to leave a legacy for this community need a professionally managed and affordable mechanism with giving options. Strongly Disagree Neutral Agree Strongly disagree agree 1 2 3 4 5 6. Some donors may want to appoint a board to control distribution of fimds they endowed for specific causes or organization. (i.e., specify the grant, scholarship or funding committee consist of family, corporate or specific community members.) Strongly Disagree Neutral Agree Strongly disagree agree 1 2 3 4 5 7. Organizations and efforts could be more successful in getting grants if they could match or leverage local endowment funds. Strongly Disagree Neutral Agree Strongly disagree agree 1 2 3 4 5 8. One area wide foundation could operate more efficiently than competing individual groups each with it's own federal, state, legal, investment, reporting, management and accounting respo nsib i l iti es. Strongly Disagree Neutral Agree Strongly disagree agree 1 2 3 4 5 Community Care Foundation Community Survey Page 4 of 5 Visions- Designing a Community Care Foundation for the central region of the Kenai Peninsula 1. Please check any of the following: I would like to start an endowment fund. ~ I would consider using the Community Care Foundation as a vehicle to administer the charitable portion of my estate. ~ I know of an organization that could benefit from having an endowment fund. ~ I know of an organization needing to build capital for a building project. .. I/we would like to have a representative on the Board of Directors. ~ I would like to start a fund for a specific area of interest (i.e., education, hunger, crime victims, specific medical issues, etc) ~ I would like to honor a family member or friend. ~ I would consider leaving a percentage of my life insurance benefit to the Community Care Foundation to benefit my community. ~ I would like to volunteer for the Community Care Foundation. Please call me! e Do you have any concerns with the establishment of a Community Care Foundation in the central region of the Kenai Peninsula? (please feel free to use the back or add sheets) 3. Think outside the box for this one! In what other ways could an endowment fund assist local organizations or help the central region of the Kenai Peninsula? 4. What have we left out? Do you have any comments or suggestions you'd like to add? o Please list local organizations or individuals who may be interested in the Community Care Foundation. 1. . o Community Care Foundation Community Survey Page 5 of 5 Join ANRI Donate to the ANR Foundation i Free Subscription I Merchandise About Us J Links I Home MODEL ORDINANCE ELIMINATING SMOKING IN ALL WORKPLACES AND PUBLIC PLACES EXCEPT FREESTANDING BARS (100% SMOKEFREE) Revised January 2003 Sec. 1000. Title This Article shall be known as the of ...... [year]. [name of City or County] Smokefree Air Act Sec. 1001. Findings and Intent The [City Council or Board of Supervisors] does hereby find that: Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cantor. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the eady deaths of up to 65,000 Americans annually. (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the Califomia Environmental Protection Agency. Smoking and Tobacco Control Monograph 10," Bethesda, MD: National Insfitutos of Health, Na#onal Cancer Instituto (IVCl), August 1999.) The Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, Na#onal Toxicology Program, 2000.) Secondhand smoke is particularly hazardous to eldedy people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased dsk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer. (Califomia Environmental Protection Agency (Cai EPA), "Health effects of exposure to environmental tobacco smoke", Tobacco Control 6(4): 346-353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act," Nonsmokers' Voice 15(1 ): 8-9.) The U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. (Department of Health and Human Services. The Health Consequences of Involuntary Smoking: A Report of the Surgeon General. Public Health Service, Centers for Disease Control, 1986.) The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses'by high rotes of ventilation. Air cleaners, which are only capable of filtedng the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke. (Environmental Protection Agency (EPA), "Indoor air facts no. 5: enwronmenta~ tobacco smoke," washington, D.C.: Environmental Protection Agency (EPA), June 1989.) A significant amount of secondhand smOke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARDI02000 case-control study," Tobacco Control 11(3): 220-225, September 2002.) Smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke. ("The high pdce of cigarette smoking," Business & Health 15(8), Supplement A: 6-9, August 1997.) Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, L. The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States. Ame#can Journal of Public Health, 87:1687-1693, 1997; Colman, R.; Urbonas, C.M., 'q'he economic impact of smoke-free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 2001 .) Smoking is a potential cause of fires; cigarette and cigar bums and ash stains on merchandise and fixtures causes economic damage to businesses. ("The high pdce of cigarette smoking," Business & Health 15(8), Supplement A: 6-9, August 1997.) Accordingly, the [City Council or Board of Supervisors] finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the dght of nonsmokers to breathe smokefree air,' and to recognize that the need to breathe smokefree air shall have pdodty over the desire to smoke. Sec. 1002. Definitions The following words and phrases, whenever used in this Article, shall be construed as defined in this Section' ]. "Attached Bar" means a bar area of a restaurant. 2. "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. 3. "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. 4. "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. $. "Employer" means a person, business, partnership, association, corporation, including a munm~pa~ corporation, trust, or non-protit entity that employs the services of one or mom individual persons. "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. 7. "Health Cam Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting moms, hallways, pdvate moms, semiprivate moms, and wards within health care facilities. "Place of Employment" means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility. 9. "Public Place" means an enclosed area to which the public is invited or in which the Public is permitted, including but not limited to, banks, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting moms. A pdvate residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. ! 0. "Restaurant" means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school .cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include an attached bar. ] ]. "Retail Tobacco Store" means a retail store utilized pdmadly for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. ]2. "Service Line" means an indoor line in which one (1) or more persons are waiting for or recoi~ng sentice of any kind, whether or not the service involves the exchange of money. "Shopping Mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments. !4. "Smoking" means inhaling, exhaling, buming, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form. ! $. "Sports Arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. Sec. 1003. Application of Article to [City-Owned or County-Owned] Facilities All enclosed facilities, including buildings and vehicles owned, leased, or operated by the [City or County] of , shall be subject to the provisions of this Article. Sec. 1004. Prohibition of Smoking in Public Places Smoking shall be prohibited in all enclosed public places within the , including but not limited to, the following places: [City or County] of ]. Aquariums, galleries, libraries, and museums. Areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public, including but not limited to, professional offices, banks, iaundromats, hotels, and motels. Bingo facilities when a bingo game is in progress. 4. Convention facilities. Elevators. (~. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance. 7. Health care facilities. Licensed child care and adult day care facilities. Lobbies, hallways, and other common areas in 'apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. !0. Polling places. Public transportation facilities, including buses and taxicabs, under the authority of the [City or County] of , and ticket, boarding, and waiting areas of public transit depots. ]~. Restaurants, including attached bars. .. ! 3. Restmoms, lobbies, reception areas, hallways, and other common-use areas. !4. Retail stores. ]5. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the [City or County] or a political subdivision of the State when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the ..... [City or County]. Service lines. !7. Shopping malls. ] 8. Sports arenas, including enclosed places in outdoor arenas. Sec. 1005. Prohibition of Smoking in Places of Employment A. Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting moms, pdvate offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restmoms, vehicles, and all other enclosed facilities. B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. =ec. 1Duty. I~easonat)le Distance Smoking is prohibited within a reasonable distance of 25 feet outside an enclosed area where smoking is prohibited, so as to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems, or other means. Sec. 1007. Where Smoking Not Regulated Notwithstanding any other provision of this Article to the contras, the following areas shall be exempt from the provisions of Sections 1004 and 1005: ]. Bars other than attached bars. . Pdvate residences, except when used as a licensed child care, adult day care, or health care facility. Hotel and motel moms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty percent (20%) of moms rented to guests in a hotel or motel may be so designated. 4. Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this Article. Pdvate and semiprivate moms in nursing homes and long-term care facilities that are occupied by one (1) or more persons, all of whom are smokers and have requested in wdting to be placed in a mom where smoking is permitted. Outdoor areas of places of employment except those covered by the provisions of Section 1006. Sec. 1008. Declaration of Establishment as Nonsmoking Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entiro establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 1009(^) is posted. Sec. 1009. Posting of Signs A. "No Smoking" signs or the intemational "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a md circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this/~'ticle, by the owner, operator, manager, or other person in control of that place. B. Every public place and place of employment where smoking is prohibited by this Article shall have posted at event entrance a conspicuous sign cleady stating that smoking is prohibited. C. All ashtrays and other smoking pamphemalia shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the Sec. 1010. Nonretaliation No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applic, ant for employment, or customer bemuse that employee, applicant, or customer exercises any ngt~ts afforded by this Article or reports or attempts to prosecute a violation of this Article. Sec. 1011. Enforcement A. This Article shall be enforced by the County Administrator] or an authorized designee. [Department of Health or City Manager or B. Notice of the provisions of this Article shall be given to all applicants for a business license in the ..... [City orCounty] of ... . C. Any citizen who desires to register a complaint under this Article may initiate enforcement with the [Department of Health or City Manager or County Administrator]. D. The Health Department, Fire Department, or their deSignees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. E. An owner, manager, operator, or employee of an establishment regulated by this Article shall inform persons violating this Article of the appropriate provisions thereof. F. Notwithstanding any other provision of this Article, an employee or pdvate citizen may bdng legal action to enforce this Article. G. In addition to the remedies provided by the provisions of this Section, the ..... [Department of Health or City Manager or County Administrator] or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. Sec. 1012. Violations and Penalties A. A person who smokes in an area where smoking is prohibited by the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50). B. A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year. 3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. D. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. =Sec. 1013. Public Education The [Department of Health or City Manager or County Administrator] shall engage in a continuing program to explain and cladfy the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. Sec. 1014. Governmental Agency Cooperation The [City Manager or County Administrator] shall annually request other gov~'mmental and educational agencies having facilities within the [City or County] to establish local operating procedures in cooperation and complianc~ With this Article. This includes urging all Federal, State, [County or City], and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke. Sec. 1015. Other Applicable Laws This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 1016. Liberal Construction This Article shall be liberally construed so as to further its purposes. Sec. 1017. Severability If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Sec. 1018. Effective Date This Article shall be effective thirty (30) days from and after the date of its adoption. Secondhand Smoke I Smokefree Advoc~acY I Smokefree Ordinance Lists I Airoorts Cam_Daian I Tobacc0's Dirty Tdcks Hot Documents I Ventilation I PreemDti0rl I Smokefree Advertising I Youth © 2002, Americans for Nonsmokers' Rights, American Nonsmokers' Rights Foundation Some images are © 2002 www.arttoday.com Designed and maintained by Diane Jones. Smokefree Anchorage. Good for People. Good for Business. This ad desc#bes how smokefree laws protect the health of workers. Smokefree Anchorage. Good for People. Good for Business. This ad desc#bes how smokefree laws benefit business. E'::'.'~ .~ . Smokefree Anchorage. Good for Children. Good for Everyone. Smokefree Anchorage. Good for People. Good for Business. This ad is a compilation of the four ads above. Ashtray as Artifact in Anchorage Worksites and Public Places CALIFORNIA For more information, contact: Kurt M Fowler Tobacco Control Section 601 North 7th SYeet, MS 555 P.O. Box ~42732, MS 555 Sacramento, CA 94234-7320 e-mail: kfowlerl @dhs. ca. gov Bob, I've got emphysema A billboard depicting two cowboys. Mind if l smoke? Care if I die? This billboard depicts a well-dressed man asking, "Mind if I smoke ?" A glamorous woman replies, "Care if i die?" ORDINANCE NO. 766 (As Amended September 25 and October 23, 2002) Requested by Council Member AN ORDINANCE AMENDING TITLE 8 BY ADOPTION OF A NEW CHAPTER 8.20 TITLED, TO REGULATE SMOKING IN EATING ESTABLISHMENTS WHEREAS, the smoking of tobacco is a proven danger to health; WHEREAS, health hazards induced by breathing secondhand smoke includes, but is not limited to, lung cancer, respiratory infection, decreased respiratory function, broncho-constriction, and broncho-spasm; and WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers and restaurant staff; and WHEREAS, persons eating outside their homes for meals, including children, are often involuntarily exposed to indoor tobacco smoke which is not only harmful to their health, but which may also diminish their enjoyment of the experience; and WHEREAS, the City Council hereby finds that it is in the public health, safety and welfare to supplement State regulation of the use of tobacco and tobacco products by regulating their use in eating establishments within the City of Soldotna. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SOLDOTNA, ALASKA: Sectio.n 1. Adoption of Chapter 8.20. The Soldotna Municipal Code is hereby amended by the adoption of a new Chapter 8.20 to read as follows: Chapter 8.20 REGULATION OF SMOKING IN EATING ESTABLISHMENTS Sections: 8.20.010 8.20.020 8.20.030 8.20.040 8.20.050 8.20.060 8.20.070 8.20.080 Definitions Regulation of Smoking in Eating Establishments Where Smoking Not Regulated Sign Posting Requirements No Retaliation Violations and Penalties Enforcement Other Applicable Laws Ordinance 766 Soldotna, Alaska 8.20.010. Definitions. "Bar" means a premises licensed under AS 04.11.090 which does not employ any person under the age of twenty-one (21) and which does not serve any person under the age of twenty-one (21) unless accompanied by a parent or legal guardian, and where tobacco smoke cannot filter into any other area where smoking is prohibited through a passageway, ventilation system or other means. A "bar" does not include areas in an eating establishment where alcoholic beverages may be served. "Eating Establishment" means any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria, fast food service and other establishment, including any bar area of any such establishment, which is not in an enclosed area, which gives or offers for sale food to the public and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as kitchens in which food is prepared. "Enclosed Area" means a negatively pressured environment where all space between a floor and ceiling is enclosed on all sides by solid walls or windows, exclusive of doors or passage ways, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend between the floor and ceiling or are not solid. "Operator" means and includes the owner, proprietor, manager, lessee, lessor, licensee or any other person exercising control over any eating establishment or bar. "Smoking" means the buming, inhaling or exhaling of a tobacco or carrying any lighted pipe, cigar, cigarette or other combustible substance in any manner or in any form. 8.20.020. Regulation of Smoking in Eatin.q Establishments. Ao Smoking is prohibited and is unlawful within all indoor eating establishments. Section 8.20.030. Where Smoking Not Regulated. , Notwithstanding any other provision of this Chapter, the following areas shall not be subject to the smoking restrictions of this Chapter: 1. Bars; , Eating establishments while in use in their entirety for private functions; and Any patio or other area of an eating establishment which is entirely open to the sky. Section 8.20.040. Sign Posting Requirement. A. The operator of a bar or eating establishment controlled by this Chapter shall post signs stating "No Smoking", with letters of not less than two inches in height or the intemational "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), and with letters of not less than one inch in height, citing City of Soldotna Municipal Code Chapter 8.20. Signs shall be clearly, sufficiently and conspicuously posted in every location where smoking is controlled by this Chapter. Ordinance 766 2. Soldotna, Alaska B. Every operator of an eating establishment regulated by this Chapter shall have posted at the entrance of the eating establishment, a sign clearly stating, .'No Smoking" which meets the above described requirements. Section 8.20.050. No'Retaliation. No person may retaliate or discriminate against any customer or employee because such person exercises any right to a smoke-free environment afforded by this Chapter. Section 8.20.060. Violations and Penalties. A. It is unlawful for any person who operates any premises subject to regulation under this Chapter to fail to comply with any provisions of this Chapter. S. Chapter. It is unlawful for any person to smoke in any area where smoking is prohibited by this C. punishable by: Any person who violates any provision of this Chapter shall be guilty of an infraction, 1. a fine not exceeding one hundred dollars ($100), plus any surcharge required to be imposed by AS 12.55.039, for a first violation within a 24 month period; 2. a fine not exceeding two hundred dollars ($200), plus any surcharge required to be imposed by AS 12.55.039, for a second violation within a 24 month period as measured from the date of first violation; or 3. a fine not exceeding five hundred dollars ($500), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a 24 month period as measured from the date of first violation. D. violation. Each and every day that such violation continues shall be deemed a separate and distinct E. Any person aggrieved by a violation or threatened violation of this Chapter or the City may bring a civil action against a person who violates this Chapter and may recover a civil penalty not to exceed $300 per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. Section 8.20.070. Enforcement. A. Administration of this Chapter shall be by the City Manager or his or her designee(s). Any person who desires to register a complaint hereunder may initiate enforcement consideration with the City Manager or his or her designee(s). B. Prior to citing an owner for violation of this Chapter, the City shall provide the operator with a written warning for any such violation. Thereafter, in the case of the first violation of this Chapter in any two Ordinance 766 3 Soldotna, Alaska year period, the operator shall 'be subject to the penalties set forth in Section 8.20.060. Section 8.20.080. Other Applicable Laws. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or regulation. Where State law and the provisions of this Chapter apply to the same area or activities, the more stringent provision creating a smoking prohibition shall apply. Section 2. Effective Date. This ordinance shall be effective on March 31,2003. Section 3. Severability. If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in ali controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision or application. ENACTED this ~,~~''4 '- day of ,2002. / ", o Patricia C. Burdick, CMC City Clerk David R. Carey, Mayor .~.~~.. Introduced by: Moock First Reading: July 24, 2002 Public Headng: September 11,2002 Public Hearing: September 25, 2002 Enacted: October 23, 2002 Effective Date: .March 31, 2003 Ordinance 766 Soidotna, Alaska NextPage LivePublish 36.60.005 Definitions. In this chapter: Bar means a beverage dispensary, other than a bar restaurant, licensed by the State of Alaska under AS 04.11.090 or ,AS 04.11.400(d) Bar restaurant means a beverage dispensary authorized to include a dining room by a license, the issuance or transfer of which was approved pursuant to AS 04.11.090 but not 04.11.400(d) by the State of Alaska prior to the effective date of the ordinance codified at this chapter. Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes. Employee means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who provides volunteer services for a nonprofit entity. Employer means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, but not including the state or federal government, who employs the services of one or more individual persons. Enclosed area means a space which is inside a building and surrounded on all sides by impermeable surfaces, whether or not equipped with doors, windows, skylights, passageways, or similar apertures, including all space therein screened by partitions, office landscaping, or similar structures which do not extend to a ceiling or are not impermeable. Enclosed p/ace of employment means an enclosed area or a vehicle under the control of an employer normally used by employees in the course of employment, including work areas, private offices, lounges and restmoms, conference and classrooms, cafeterias, elevators, stairways, and hallways. Enclosed public place means an enclosed area or portion thereof open to the public, including- (1) Retail stores, shops, banks, laundromats, garages, salons, or other businesses selling goods or services; (2) The waiting rooms and offices of businesses providing legal, medical, dental, engineering accounting, or other professional services; ' (3) Hotels, motels, boardinghouses, hostels, and bed and breakfast facilities, provided that the owner may designate by a permanently affixed sign a maximum of 25 percent of the rooms as exempt from this definition, (4) (5) (6) (7) Universities, colleges, schools, and commercial training facilities; Arcades, bingo halls, pull-tab parlors, and other places of entertainment; Health clubs, dance studios, aerobics clubs, and other exercise facilities; Hospitals, clinics, physical therapy facilities; (8) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or similar performance; (9) (10) Public areas of fish hatcheries, galleries, libraries and museums; Polling places; (11) Elevators, restrooms, lobbies, reception areas, waiting rooms, hallways and other common-use areas, including those in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities; (12) Restaurants, coffee shops, cafeterias, sandwich stands, private or public schools cafeteria, and any other eating establishment which offers food for sale to the public, guests, or employees, including http://livepublish.municode.com/1/lpext, dll/infobase3 3/1/1 Od/! f9 a 9e=,~,,.,,,~.,,..~ ~. c..-.: .... NextPage LivePublish any kitchen or catering facility in which food is prepared for serving off the premises; (13) Sports and exercise facilities, including sports pavilions, gymnasia, health spas, boxing arenas, swimming pools, pool halls, billiard parlors, roller and ice rinks, bowling alleys, and similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events; (14) Any line in which two or more persons are waiting for or receiving goods or services of any kind, whether or not in exchange for money; (15) Areas used for and during the course of meetings subject to the Alaska Open Meetings Act. Retail tobacco store means a retail store the primary business of which is the sale of tobacco products and accessories. Smoking means inhaling or exhaling tobacco smoke, or carrying any lighted tobacco product. (Serial No. 2001-40am, § 2, 1()-1-2001) 36.60.010 Smoking prohibited. Smoking is prohibited in: (1) Enclosed public places; (2) Enclosed places of employment; (3) Vehicles and enclosed areas owned by the City and Borough of Juneau, including the Juneau School District; (4) Commercial passenger vehicles regulated by the City and Borough under CBJ 20.40. (Serial No. 2001-40am, § 2, 10-1-2001) 36.60.020 Smoking in enclosed places of employment. (a) By the effective date of this chapter, any employer subiect to this ordinance shall adopt and enforce a written policy prohibiting smoking in all enclosed places of employment and all vehicles owned or operated by that employer and used by those employees. (b) The smoking policy shall be communicated to all employees prior to its adoption. (c) All employers shall supply a written copy of the smoking policy upon request to any current or prospective employee or to an employee of the City and Borough engaged in enforcing this chapter. (Serial No. 2001-40am, § 2, 10-1-2001 ) 36.60.025 Reasonable distance. No person may smoke within ten feet of any entrance, open window, or ventilation system intake of any building area within which smoking is prohibited by this chapter. (Serial No. 2001-40am, § 2, 10-1-2001) htm ://livenub li sh. muni code. com/1/lnext, dll/ln fob a s e 3 ~ / 1 / 1 ~n/~ m , '~ c-_,,,,.,,, ] ~,~,~ ~. r,, _-,~ ~,,, NextPage LivePublish 36.60.030 Where smoking not regulated. (a) This chapter does not apply to: (1) Private residences, including those used as places of employment, but this exception does not apply at any time the residence is open for use as a child care, adult care or health care facility; (2) Places of employment with a total of four or fewer employees and owners working at the place, provided that this exception shall not apply to a place of employment which is an enclosed public place; (3) Private enclosed areas in nursing homes or assisted living facilities; (4) Retail tobacco stores; (5) Performers smoking as part of a stage performance; (6) Enclosed areas used for conferences or meetings in restaurants, service clubs, hotels, or motels while the spaces are in use for private functions admission to which is determined at least three days in advance; (7) Bars and bar restaurants, provided that for bars, no tobacco smoke may infiltrate into a dining room through a passageway, ventilation system, or otherwise, or into any area where smoking is prohibited; (8) federal or state property, or those portions of buildings leased by the federal or state government; (9) Private property used for residential incarceration under contract to a federal or state correctional agency. (b) The owner, operator, or manager of property may by permanently affixing a sign thereon, waive any exemption provided by subsection (a) of this section. (Serial No. 2001-40am, § 2, 10-1-2001) 36.60.035 Posting of signs. (a) Signs prohibiting smoking shall be prominently posted by the owner, operator, manager or other person having control on every building or other area where smoking is prohibited by this chapter. (b) Every place where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. (c) The owner, operator, manager or other person having control of any area where smoking is prohibited by this chapter shall remove therefrom all ashtrays and other smoking paraphernalia. (Serial No. 2001-40am, § 2, 10-1-2001) 35.60.040 Non-retaliation. No person or employer shall discharge, refuse to hire, refuse to serve, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right or seeks any remedy afforded by this chapter. (Serial No. 2001-40am, § 2, 10-1-2001) httr~://liver~ublish.municode.com/l/loext, dll/Infoha~e~'t/1/~ mn/~ ~¢,,=,~,,,. ..... + ~. ....,., NextPage LivePublish 36.60.045 Violations. (a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions. Violation of this subsection is an infraction. (b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter. Violation of this subsection is an infraction. (c) In addition to the penalties and remedies available under this Code, any person aggrieved by a violation or threatened violation of this chapter may bring a civil action to enjoin that violation. (Serial No. 2001-40am, § 2, 10-1-2001 ) 36.60.050 Other applicable laws. This chapter shall not be construed to permit smoking where it is otherwise restricted by other applicable laws. (Serial No. 2001-40am, § 2, 1 O- 1-2001 ) httv'//liver~ublish.municode.com/l/lvext, dll/lnfobase33/!/1 ~0/~ rg, .*~,n=ac,:,,,~,,,_r,~,~,,. ~, NextPage LivePublish 16.65.005 Definitions. In this chapter: Bar means a premise licensed under AS 04.11.090 which does not employ any person under the age of 21 and which does not serve any person under the age of 21 unless accompanied by a parent or legal guardian, and where tobacco smoke cannot filter into any other area where smoking is prohibited through a passageway, ventilation system, or other means. Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. Employee means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. Employer means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons. Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures. Place of employment means any enclosed area under the control of a public or private employer which employees normally frequent dudng the course of employment, including, but not limited to, work areas, employee lounges and restmoms, conference and classrooms, employee cafeterias and hallways. A pdvate residence is not a "place of employment" unless it is used as a child care, adult care or health care facility. Public place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place." Restaurant means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. Service line means any indoOr line at which one or more persons are waiting for or receiving service of any kind, whether or not service involves the exchange of money. Smoking means inhaling, exhaling, burning or carrying any lighted tobacco product. Sports arena means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice dnks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. (AO No. 2000-91(S), § 1, 12-31-00) 16.65.010 Application of chapter to municipal facilities. All enclosed facilities owned by the Municipality of Anchorage, including the Anchorage School District, shall be subject to this chapter. (AO No. 2000-91 (S), § 1, 12-31-00) http ://1 i vep ub l i sh. muni code. c om/2/ll~ext, dl l/Info base 19 / 1/4902/55 cf/55 e4 1 NextPage LivePublish 16.65.015 Prohibition of smoking in public places. A. Smoking is prohibited in all enclosed public places within the Municipality of Anchorage including, but not limited to, the following places: 1. Elevators. 2. Restrooms, lobbies, reception areas, hallways, and any other common-use areas. 3. Buses, taxicabs, and other means of public transit under the authority of the Municipality of Anchorage, and ticket, boarding, and waiting areas of public transit depots. 4. Service lines. 5. Retail stores. 6. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to, attorneys' offices and other offices, banks, laundromats, hotels, and motels. 7. Restaurants. 8. Public areas of aquariums, galleries, libraries and museums when open to the public. 9. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except performers when smoking is a part of stage production. 10. Sports arenas and convention halls, including bowling facilities and pool halls. 11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the Municipality of Anchorage or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the Municipality of Anchorage. 12. Waiting rooms, hallways, wards, and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices. 13. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. 14. Polling places. B. Notwithstanding any other provision of this chapter, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. (AO No. 2000-91 (S), § 1, 12-31-00) htm ://livet~ub lish.municode, com/2/lr~ext, dll/In fobase 19/1/4002/55cU55 f6?fn=docum en t- i'm.. NextPage LivePublish 16.65.020 Prohibition of smoking in places of employment. A. it shall be responsibility of employers to provide a smoke-free workplace for all employees, but employers are not required to incur any expense to make structural or other physical modifications to discharge this responsibility. B. By the effective date of this chapter, each employer having an enclosed place of employment located within the Municipality of Anchorage shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. C. The smoking policy shall be communicated to all employees within three weeks of its adoption. D. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. (AO No. 2000-91 (S), § 1, 12-31-0C. 16.65.025 Reasonable distance. To ensure that tobacco smoke does not enter the ama through entrances, windows, ventilation systems or any other means, smoking may occur, when otherwise prohibited by the property owner, only at a reasonable distance outside any enclosed ama within which smoking is prohibited. (AO No. 2000-91 (S), § 1, 12-31-00) 16.65.030 Where smoking not regulated. A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter: 1. Private residences, including private residences used as places of employment, except during hours used as a child care, adult cam or health care facility. 2. Places of employment with four or less employees. For the purpose of this exception, the four or less employee limit includes on-site business owner(s), with the exception that in all uses cited in AMC 16.65.015 smoking shall not be permitted. 3. Twenty-five percent of hotel and motel rooms rented to guests. 4. Retail tobacco stores. 5. Restaurants, hotel and motel conference or meeting moms and public and private assembly moms while these places are being used for private functions. 6. Bars. 7. Bingo halls and pull tab establishments where a non-smoking section which is an enclosed area is also offered to its patrons. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. (AO No. 2000-91(S), § 1, 12-31-00) h ttV ://1 i v evub li sh. muni code. c om/2/loext, d l l/In fob as e 19 / 1/4902/55 c f/560 g ? tn =el n e.~ ~m ent- fen 1 NextPage LivePublish 16.65.035 Posting of signs. A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other area where smoking is prohibited by this chapter, by the owner, operator, manager or other person having control of such building or other area. B. Every public place where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. C. All ashtrays and other smoking paraphernalia shall be removed from anv area where smoking is prohibited by this chapter by the owner, operator, manager or other person having control of such area. 16.65.040 Non-retaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right to a smoke-free environment afforded by this chapter. (AO No. 2000-91(S), § 1, 12-~,1-00) 16.65'045 Violations and penalties. A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions. B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter. C. In addition to the penalties and remedies available under AMC 1.45.010 of this Code and as allowed under AMC 16.02.040, any person aggrieved by a violation or threatened violation of this chapter may bring a civil action under AMC 1.45.010(B) to enjoin that violation and to obtain the relief described in that section. 16.65.050 Public education. The department of health and human services shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter. (AO No. 2000-91(S), § 1, 12-31-00) 16.65.055 Other applicable laws. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (AO No. 2000-91(S), § 1, 12-31-00) htm://~iver~ub~ish~munic~de~c~m/2/~ext~d~/~nf~base~9/~/49~2/55cf/562a?fn=d~cument~fra~ 1/9/2003 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1987-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA, AMENDING KMC 23.50.010 TO CHANGE THE RANGE OF THE POLICE TRAINEE WHILE ATTENDING THE PUBLIC SAFETY ACADEMY AT SITKA TO A RANGE 2. WHEREAS, completion of the Public Safety Academy or its equivalent is a requirement for certification as a police officer in Alaska; and, WHEREAS, some officers hired by the Kenai Police Department bring the necessary training with them, while those who do not must be trained at the City's expense; and, WHEREAS, the Fair Labor Standards Act requires trainees at the police academy to be paid overtime for those hours above forty per week in actUal training; and, WHEREAS, payment of overtime at a Range 13 pay scale is very costly and utilizes a large portion of the police training budget and overtime expense; and, WHEREAS, paying a police trainee at a Range 2 while at the academy will save training money and reflects that some officers bring that training with them while others do not. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.50.010 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of February, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: January 15, 2003 February 5, 2003 March 5, 2003 23.50.010 CLASS COD E 210 211 212 213 214 215 216 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 411 415 401 402 403 404 405 406 407 408 409 410 412 413 414 CLASS TITLE Administrative Assistant Il Administrative Assistant Ill Department Aide Parks & Recreation Administrative Assistant Library Assistant il Senior Center Administrative Assistant Parks & Recreation Supervisor (c) PUBLIC SAFETY Assistant Fire Chief Fire Fighter Police Lieutenant Police Sergeant Police Officer Dispatcher Fire Engineer Correctional Officer I Correctional Officer II Correctional Officer III Fire Captain Fire Marshall Communications Supervisor Police Trainee Battalion Chief Chief Animal Control Officer Assistant Animal Control Officer (d) PUBLIC WORKS Building OffiCial Shop Foreman Street Foreman Sewer Treatment Plant Operator Water & Sewer Operator Mechanic I Equipment Operator 1'* Mechanic II Street and Airport Lead Operator Water & Sewer Foreman Building Maintenance Technician Sewer Treatment Plant Lead Operator Sewer Treatment Plant Foreman 421 RANGE 9 12 1 10 6 10 6 18 13 18 16 14 9 15 11 12 14 16 17 12 1 13/2 17 11 9 15 16 15 13 13 12 11 14 12 15 11 14 15 (Kenai 9-7-02) Attachment A Page 1 of 2 ~ While attending the Alaska Public Safety Academy in Sitka, a Police Trainee shall be a paid at a Range 2. Because of a fluctuating and unpredictable training schedule, he/she shall be considered to work 12 hours per day from Monday through Saturday and 11 hours on Sunday, or the actual number of hours worked, whichever is ~eater. The normal work schedule at the academy shall be five {5) eight (8) hour shifts from Monday to Friday rather than foUr (4) ten (10) hour shifts as stated in KMC 23.50.050(b)(1). At tachment A Page 2 of 2 Suggested by: Administrauon CITY OF KENAI ORDINANCE NO. 1988-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.15.050 TO INCREASE THE PURCHASING LIMIT WITHOUT COMPE-~ITIVE BIDDING FOR CONSTRUCTION OR MAINTENANCE PROJECTS TO $20,000. WHEREAS, in 1988 the City Council increased the value of a single purchase that may be acquired without using a formal bid process (bid limit) from $6,500 to $10,000; and, WHEREAS, inflation since 1988 has diminished the purchasing power of $10,000 effectively lowering the purchasing limit; and, WHEREAS, the administrative cost of preparing bid specifications, and the cost of potential bidders of responding to requests for bids for construction or maintenance, is not warranted for many medium priced goods and services; and, WHEREAS, under KMC 7.15.030 the City Council would still approve purchases over $2,500; and, WHEREAS, the City. Council has determined that an increase in the bid limit from $10,000 to $20,000 for construction or maintenance projects is justified and reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.15.050(1) is amended to read: 7.15.050 Purchases, when competitive bidding not required. The following may be purchased without giving an opportunity for competitive bidding: {1). Supplies, material~s~ ~tuipment, or contractual services whose cost does not exceed $~1~'0~0-00 in a single transactiom exc~q0t t~~&eq~~ for co~st~-uction or~ainte~c,e DrojecTs~sha~D~20~)~/ (2) uppnes, ~nals, eq~Ypment, or contractual services which can be furnished only by a single dealer or which has a uniform price wherever bought; (3) Supplies, materials, equipment, or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including war surplus; {4) Contractual services purchased from a public utility corporation at a price or rate determined by State or other government authority. (5) Contractual services of a professional nature, such as engineering, architecturE, and medical services. Ordinance No. 1988-2003 Page 2 of 2 (6) Supplies, materials, equipment or contractual services purchasable under the contract of another governmental agency in which contract the City is authorized to participate. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of February 2003. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted: Effective: January 15, 2003 February 5, 2003 March 5, 2003 (1/3/03 sp) Suggested by: Administra City of Kenai ORDINANCE NO. 1989-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,900,000 IN THE WELLHOUSE 4 CAPITAL PROJECT FUND AND $950,000 IN THE WATER AND SEWER SPECIAL REVENUE FUND. WHEREAS, the State of Alaska Department of Environmental Conservation has increased their grant #47547 to the City by $950,000; and, WHEREAS, the grant requires a 50% match; and, WHEREAS, the funds required for the match are available in the fund balance of the Water and Sewer Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Water and Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance $950:000 Increase Appropriations: Transfer to Capital Project Fund $95O:000 Wellhouse 4 Capital Pro]ect Fund Increase Estimated Revenues: State Grant Transfer from Water and Sewer Fund $950,000 950,000 $1.900.000 · Increase Appropriations: Construction $1:900:000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5t~ day of February, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (01 / 08/2003) hl Introduced: Adopted: Effective: January 15, 2003 February 5, 2003 February 5, 2003 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1990-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO CHANGE DAY CARE CENTERS FROM "C" (CONDITIONAL USE) TO "lr' (PRINCIPAL PERMITTED USE) IN THE CG (GENERAL COMMERCIAL), CC (CENTRAL COMMERCIAL) AND IL (LIGHT INDUSTRIAL) ZONES. WHEREAS, currently day care centers are listed in the land use table for the CG, CC and IL zones as a conditional use; and, WHEREAS, day care centers are already regulated by the State of Alaska, the Fire Code (KMC 8.05.101) and the Uniform Building Code (KMC 4.05); and, WHEREAS, a day care center is a compatible use for the CG, CC and IL zones; and, WHEREAS, it is in the best interest of the City of Kenai to allow day care centers as principal permitted uses in the CG, CC and IL zones. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.22.010 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of February, 2003. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk (1/9/03 sp) Introduced: Adopted: Effective: January 15, 2003 February 5, 2003 March 5, 2003 KEY: P=Principai Permitted Use C=Conditional Use S=Secondary use N--Not Permitted LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions. LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH :i:!:~!SC~~~..O-.US !:! !:i:!:i:i:i:i:i~i:! !:!:i:i:!:!:!:i:i:i i:!:i:i:i:i:!:i:!:i !:i:i:i:i:i:i:i:!: ~i:i:i:i:!:i:!:i:i: ::::::::::::::::::::::::::::::::::::::: :!:!:i:i:i:i: :i:i:!:i:i:!: :i:i:i:i:!:i: :'i:i:!:i:i:i:! i:i:!:i:i:i:i i:!:i:i:i:i: LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH Bed & Breakfastm C C C C C C C C C C C N C C Cabin Rentals C C C C N N N P P P C N C P Cemeteries C C C C N N N C C C C N C C Crematories N C N C N N C C C C C N C C Day Care Centers ~2 C C C C C C C PP. _.P P C C C C Dormitories/ C C C C C C P p~ S C P P~ C C Boarding Houses Essential Se~ces P P p p p p p p p p p p p p Farming/Gardening and P P P P P P P P P P C N P P General Agriculture Greenhouses/Tree C C C C C C C P P P C N C C Nurseries xa Assemblages t5 C C C C C C C pl~ pl~ p~ pl~ pl~ c P (Large: Circuses, Fairs, etc.) Fraternal Orgamzations N C C C C C C P P P C N C P Nursing, Convalescent N C C C C C C P P C C C C C or Rest Homes Parking, Off-Street P P p p p p p p p p p p p p Parking, Public C C C C C C C C C C C C C C Lota ~a Private Clubs N C C C C C C P P C C N S C RadiorrV' Transmitters/ P P C C C C C P P P P P C C Cell Sites Recreational Vehicle C C C C N N C C C C C N C C Parks Social Halls N C C C C C C P P C C N C C Subsurface Ext- C C C C C C C C C C C N C N raction of Natural Resources ~6 Surface Extraction of C C C C N N C C C C C N C N Natural Resources ~? Union Halls N C C C C C C P P P C N C C Attachment A CITY OF KENAI PLANNING & ZONING COMMISSION PZ03-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALAS~, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE LAND USE TABLE IN KMC 14.22.010 BE AMENDED TO CHANGE DAY CARE CENTERS FROM "C' {CONDITIONAL USE) TO ,,p, {PRINCIPAL PERMITTED USE) IN THE CG (GENERAL COMMERCIAL), CC (CENTRAL COMMERCIAL) AND IL (LIGHT INDUSTRIAL) ZONES. WHEREAS, currently day care centers are listed in the land use table for the CG, CC and IL zones as a conditional use; and WHEREAS, day care centers are already regulated by the State of Alaska, the Fire Code (KMC 8.05.101) and the Uniform Building Code (KMC 4.05); and WHEREAS, a day care center is a compatible use for the CG, CC and IL zones; and WHEREAS, it is in the best interest of the City of Kenai to allow day care centers as principal permitted uses in the CG, CC and IL zones. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.22.010 AS SHOWN ON ATTACHMENT A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of January 2003. qll~air~_nan - - _ Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2003-06 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE APPROVAL OF THE TRI-BOROUGH POSITION PAPER FOR FEDERAL OUTER CONTINENTAL SHELF OIL AND GAS LEASING PROGRAM, 2002-2007. WHEREAS, the Federal Government has advertised its intent to offer the Outer Continental Shelf Oil & Gas Leasing Program, 2002-2007; and, WHEREAS, this proposed program will encompass the southern portion of the Cook Inlet, excluding the ShelikOf Straits; and, WHEREAS, leasing in areas proposed in the program could have an impact on the Kenai Peninsula Borough, Kodiak Island Borough, and Lake and Peninsula Borough; and, WHEREAS, representatives of these three boroughs have met and agreed to work together in reviewing and presenting comments on this proposed Outer Continental Shelf Leasing Program, 2002-2007; and, WHEREAS, it is the intent of the three boroughs to be involved early in the process of leasing in the described area; and, WHEREAS, the Tri-Borough Position Paper was developed so concerns could be considered while the Environmental Impact Study for this leasing program is still being formulated; and, WHEREAS, the draft position paper was reviewed and recommended by representatives of the three boroughs at a meeting on December 11,2001. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, supporting the approval of the Tri-Borough Position Paper on the Federal Oil & Gas Leasing Program, 2002-2007 as presented. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of February, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk KENAI PENINSULA BOROUGH Oil and Gas Office 43335 Kalifornsky Beach Road, Suite 16 Soidotna, Alaska 99669-8250 BUSINESS: (907) 262-6355 FAX: (907) 262-6762 CELL: (907) 398-8245 bpopp@borough.kenai.ak.us DALE BAGLEY MAYOR January 21, 2003 The Minerals Management Service (MMS) has issued the Draft Environmental Impact Statement (DEIS) for the Federal Outer Continental Shelf (OCS) oil & gas lease sales 191 & 199 for a public comment period that ends February 11 th, 2003. This DEIS will determine in what form, if at all, the OCS lease sales will go forward. The MMS will gather public input on these two proposed leases sales. Written Comments can be submitted as follows: Written comments can by submitted by February 1 lth, 2003 to: MMS Alaska OCS Region, 949 E. 36~h Ave., Room 308, Anchorage, AK 99508-4363 Email comments to: .AKEIS .~(~mn:ts.gov Here are some key points: , The proposed OCS lease area encompasses federal waters in Cook Inlet that extend from just south of Kalgin Island to just south of the Barren Islands and just north of the entrance to the Shelikof Straits. The proposed sale encompasses 2.5 million acres of Cook Inlet. 2. There would be two sales if approved: Sale 191 in early 2004 and Sale 199 in early 2006 0 The MMS median estimate (50/50 chance) of recoverable oil and gas resulting from these sales is 500 million, barrels of oil and 1 trillion cubic feet of natural gas. For perspective, the entire Cook Inlet just passed the 1.3 billion barrel mark for total oil production since oil was first discovered in 1957. , . The MMS estimates that there is a 95% chance of discovering a minimum of 140 million barrels of oil in the OCS. Conversely, the MMS estimates that there is a 5% chance of discovering 1.1 billion barrels of new oil reserves in the OCS. The MMS estimates that the Kenai Peninsula Borough stands to gain an average of $2.8 million in property taxes per year, over a 15 year period, from new onshore oil & gas facilities and pipelines constructed as a result of OCS oil & gas development of the minimum 140 million barrels of oil most likely to be recovered in the OCS. This equates to a total of $42 million in new property taxes collected over the 15 year period. For perspective, the KPB estimates it will collect a total of $7.7 million from existing oil & gas properties in FY2003. Other commumfies in the Cook Inlet Basra will also benefit both directly and indirectly from OCS exploration and development. 6. The MMS estimates, based on one offshore platform producing 140 million barrels of oil, that lease sale 191 will generate up to 400 direct jobs and 200 indirect jobs that will be most likely filled by the local workforce, rather than imported workers from out of state, because of our existing oil & gas business infrastructure in the Cook Inlet Basra. Every additional platform installed in the OCS will create hundreds more high paying iobs. 0 The Cook Inlet Basin has known and potential reserves of natural gas that will likely last 15 to 25 years unless new prospects and sources are explored for and developed. This is important since 85% of all electricity generated in South-Central Alaska relies on natural gas fzred turbines. Ultimately, approximately 60% of Alaskans rely on Cook Inlet natural gas as a source for heat or electricity for their homes and businesses. The OCS offers a high potential for new natural gas reserves to meet the future demands of Alaskans. o The MMS estimates an initial 20 year period of oil production activities in the OCS, followed by an additional 15 year period of natural gas production activities. This 35 year model is based on historical methods that have used discovered natural gas for oil production purposes first, then followed by the production and delivery of that natural gas to market. o Oil production from the OCS will likely offset or eliminate the need for the importation of North Slope crude oil via tanker into Cook Inlet as feed stock for the Tesoro Refinery, which currently imports approximately 40% of the crude oil it needs for meeting Alaskan demands. This also has the added benefit of providing crude oil that generates less waste products such as bunker fuel oils that must be shipped out of state via tanker or bulk carder ship. Cook Inlet crude is historically a "sweet crude" with lower levels of contaminants such as sulpher and higher proportions of lighter high-value hydrocarbons. 10. The Cook Inlet Basin has a 40+ year history of oil & gas development with no appreciable effect on the water quality or wildlife of Cook Inlet, as is reflected in recent water quality studies performed by Cook Inlet Regional Citizens Advisory Council that note that there is no demonstrated contribution by oil & gas exploration and production activities to contaminant concentrations in Cook Inlet Seafood. 11. The Kenai Peninsula Borough has supported the OCS lease sales in the past through the provisions of Resolution 2001-127 and the Tri-Borough's Position Paper (see attached). The KPB Administration has examined the DEIS and £mds that it has met the requirements of the Tri-Borough's Position Paper to the greatest degree possible within the scope of authority granted to the MMS by Federal law. The I~d~B will continue to advocate that any exploration, development or productions permits issued in the future adhere to the provisions of the Tri-Borough's Position Paper. 12. The MMS has proposed two withdrawal of lease tracts the KPB Administration supports. Alternate 3 and 4 withdraws 12.5% of the 2.5 million acres proposed. These withdrawals are located off the southern coast of the Kenai Peninsula (Seldovia, Port Graham, Nanwalek) and around the Barren Islands. The MMS believes there is no recoverable oil or gas finds in these waters, but is concerned about potential impacts on subsistence activities, critical habitat areas and endangered species such as the Stellar Sea Lion. The KPB Administration does support these two particular proposed withdrawals based on the habitat and subsistence concerns and the lack of resource potential in the withdrawn tracts. The Kenai Peninsula Borough Admimstration urges you to testify in support of the proposed OCS leases as modified by alternates 3 and 4. The resulting 2.2 million acre lease sale offers the greatest oppormmty for new oil and gas development in the Cook Inlet Basra in the last 40 years. The sales offer new opportunities for economic development and diversification outside the traditional oil and gas areas of the Borough. The resulting new pipelines and facilities on the southern Peninsula will also stimulate new onshore exploration for oil and gas in previously stranded prospects in the Anchor Point and Ninilchik areas. Ultimately, the OCS offers an excellent opportunity for assuring the continued growth, diversification and health of the economies of the Kenai Peninsula Borough and the Cook Inlet Basin. Please show your support by testifying in person or in writing. Please contact me at the numbers listed below if you have any questions. Respectfully, Bill Popp Oil & Gas Liaison Kenai Peninsula Borough 43335 Kalifomsky Beach Road, Suite 16 Soldoma, AK 99669 907-262-6355 cell 398-8245 fax 262-6762 bpopp~borough.kenai.ak, us Barren Is. ~omel KacheW~¥' TRI-BOROUGH POSITION PAPER Page 1 of 3 TRI-BOROUGH POSITION PAPER FEDERAL OUTER CONTINENTAL SHELF OIL & GAS LEASING PROGRAM 2002-2007 The United States Department of Interior is preparing for offshore oil and gas leasing program, which includes waters of the Lower Cook Inlet (but excluding Shelikof Strait) planning area of offshore Alaska. The proposed lease sale area is included in or contiguous with the boundaries of Kenai Peninsula Borough, Kodiak Island Borough, and Lake and Peninsula Borough. The three boroughs have met together to discuss the proposed leasing program and have jointly agreed to the following position with regard to the Federal Outer Continental Shelf (OCS) Oil and Gas Leasing Program, 2002-2007. The Tri-Borough position is that five critical issues must be included in the leasing program's environmental impact statement, and specifically addressed in the terms and conditions in any future Notice of Sale in federal waters adjacent to Th-Borough boundaries. If the five issues are not addressed in the leasing program environmental impact statement review process, the Th-Boroughs have grave reservations about supporting future lease sales. These five items are in addition to any other issues that might surface in the federal government's environmental impact statement process. The Tri-Boroughs reserve the right to identify any additional concerns, which may need to be addressed as an outcome of the environmental impact statement process. Following is a summary of the Tri-Boroughs' position on each of the five issues. 1. No Off-shore Loading of Tankers The lower Cook Inlet and particularly the Shelikof Strait area comprise some of the most dangerous navigable waters in the entire world. The seas in this area are highly unpredictable and subject to extreme weather changes, unusual currents, rogue tides and waves. This feature of contiguous Shelikof Strait waters makes off-shore loading of tankers particularly dangerous, posing an extremely high risk of an oil spill while attempting to load a tanker in these waters. The position of the Tri-Boroughs is that any recoverable oil must be pumped to an onshore facility where adequate protected dockage can be provided to allow the safe loading of tankers and to minimize the possibility of a spill during the loading process from the oil generated by this sale. 2. Specific Plans to Minimize and Avoid Commercial Fishing Gear Conflicts with the Exploration and Development of Oil The avoidance of conflicts with the commercial fishing fleet and their gear is absolutely mandatory in these waters. The Lower Cook Inlet and contiguous Shelikoff Strait support an extremely rich fishery resource, which generates a great deal of fishing activity on a year- round basis. These year-round fisheries are the primary economic base of the entire region and therefore must be protected to the greatest extent possible, including an absolute minimum of disruption. The Th-Boroughs require that any oil exploration or development proposed in the region have up-front plans to eliminate conflicts with the fishing industry in order to minimize any negative impact on the fishing industry. This includes critical time file ://C: ~D ocuments %20 and%20 S ettin ~s\c fre as\Lo c al% 20 S ettin ~s\Temn orarv... 1129/2003 i iXI-IJUI~UUtal-i I"U~i'I'IUN IaAF~I~ Page 2 of 3 ' periods when no drilling activity would be allowed to occur due to spawning activity and crab molting in the areas in and around the drilling platforms. This information must be clearly identified and published on a regular basis so that the fishing industry will be fully aware of the location of this equipment and can, therefore, avoid any possible conflicts. It is in the best interest of the oil industry as well as the fishing industry to avoid negative impacts from drill rigs and/or development platforms on fishing gear and resources. 3. The Oil Exploration Company must have Adequate Spill Prevention and Response Capability Based on the experience of the Exxon-Valdez oil spill, the Tri-Boroughs are determined that adequate spill prevention and response capabilities be specifically identified in exploration and development proposals for any sales which may occur under the federal OCS leasing program. Input from the Cook Inlet Regional Citizens Advisory Council could be used to help determine the adequacy of spill prevention and response capability. At a minimum, a vessel with adequate amounts of boom and response capability should be on site during the exploratory and pre-development phases. Upon completion of exploratory drilling, and during the production of any successful well, prevention and response capability should include readily available response equipment and labor, which can be deployed on site in a matter of minutes. 4. Identification of Critical Habitat Areas As a precursor to spill prevention and response that may be needed in the future, the Tri- Boroughs require that critical habitat areas be identified during the environmental impact statement phase of the lease sale process at a minimum before any actual exploration occurs in the OCS lease sale area. This habitat identification process must involve the land owners and users, the managers of fish, game and wildlife resources, such as the Alaska Department ofFish and Game, and the Federal Fish & Wildlife Service, as well as representatives of the fishing industry and local governments. Identification of critical habitat should include a prioritization for habitat protection, given the location of a particular spill, as well as identification of critical habitat that cannot practically be protected in the event of a spill. Further, the identification of critical habitat areas must be a public process that allows residents of the region to have input into and an opportunity to review and critique the proposed critical habitat protection priority-prior to final adoption. Once identified, critical habitat and known coastal resources must become part of the municipalities' GIS systems for easy map retrieval and updating. 5. Provision for Local Government Revenue Sharin~ The Tri-Boroughs have extensively discussed and agree that a mandatory requirement for moving ahead with the OCS leasing program is the continued provision for revenue sharing back to the borough from OCS impact assistance revenues collected by the federal government. These funds are necessary because the three boroughs will have impacts from an influx of population demanding additional municipal services such as police, fire, road service, parks and recreation, education, solid waste disposal, etc. The history of municipal service provision shows that revenues always lag behind the demand for services. The only reasonable way to approach this problem without placing an undue burden on the existing tax base is to provide for revenue sharing within two hundred miles of any exploration site. Although the three boroughs recognize that there is a potential for federal revenues to be shared with the State of Alaska, it is clear that revenue sharing to the state does not 0 o 0 file ://C :XDocuments ¼20and %20S ettings\c freasXLoca1¼20Settings\Temporary... 1/29/2003 TRI-BOROUGH POSITION PAPER Page 3 of 3 necessarily assure that these funds are shared with local governments. Therefore, it is mandatory that legislation be introduced and passed in Congress that allows for revenue sharing with the three boroughs in order to provide the financial resources needed to deal with the impact of sales under the OCS leasing program. Conclusion/Summary The position of the Tri-Boroughs is that all five of these items must be addressed in the EIS, and subsequent sales for the described waters in the proposed OCS leasing program. We look forward to the opportunity to discuss and further develop these concepts with organizations and individuals interested in the Federal OCS Oil and Gas Leasing Program. file ://C :kD ocuments%2 0and%2 0S ettin~s\c freas\Loc a1%2 0 S ettin ~s\Temt~orarv... 1/29/2003 CITY OF KENAI RESOLUTION NO. 2003-06 (Substitute) A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING THE FEDERAL OUTER CONTINENTAL SHELF OIL AND GAS LEASE SALES 191 & 199. WHEREAS, the Federal Government has advertised its intent to offer the Outer Continental Shelf (OCS) located within the waters of Cook Inlet for an oil and gas leasing program in 2004 and 2006; and, WHEREAS, the Draft Environmental Impact Statement (DEIS) for lease sales 191' in 2004 & lease 199 in 2006 has been released for public comment; and, WHEREAS, the DEIS estimates that there is a 95% probability that 140 million barrels of oil and 190 billion cubic feet of natural gas would be recovered from the OCS; and, WHEREAS, the DEIS estimates that there is a 50% probability that 500 million barrels of oil and 1 trillion cubic feet of natural gas would be recovered from the OCS; WHEREAS, the DEIS estimates potential tax revenues to the Kenai Peninsula Borough resulting from new pipelines and shore-based facilities built to develop and deliver oil or gas from OCS at $2.7 million per year over a 15 year period; and, WHEREAS, the DEIS estimates that up to 400 direct jobs and 200 indirect jobs will be created if one platform is built in the OCS that produces 140 million barrels of oil; and, WHEREAS, the City of Kenai recognizes that it is essential to find new reserves of natural gas in the Cook Inlet Basin in order to assure continued economic prosperity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, that it supports Federal Lease Sales 191 and 199 within the waters of the Outer Continental Shelf of Cook Inlet. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of February, 2003. Attest: John J. Williams, Mayor Carol L. Freas, City Clerk F[,~-D5-2003 I~ED 02:46 PI'I KEN~I PEN BOR OLERK NO, 90726286~5 P, 01 Introduced by: Mayor D~t=: .02/04/03 Action: Adopted as Amended Vote: 7 Yes, 2 No KENAI PENINSULA BOROUGH RESOLUTION 2003-016 A RESOLUTION SUPPORT~G THE FEDERAL OUTER CONTINENTAL SHELF OIL AND GAS LEASE SALES 191 & 199 WIIEREAS, thc Fcdcr~ Government,. through the Minerals Management $~rvice (MMS), ha~ advertised its intent to offer portions of thc Outer Continental Shelf' (OCS) loca~d within the waters of Cook Inlet for an oil and gas leasing program/n 2004 and 2006; and WHEREAS, th~ Draft Environmental Impact Statement (DEIS) for lease sales 191 in 2004 & lease saJc 199 has been released for public comment; and WHEREAS, the DEIS estimates th~ there is a 95% probability that 140 million barrels of oil and 190 billion cubic feet of natural gas would be recovered from the OCS; and WHEREAS, the DEIS estimates potemiaJ tax revenues to the Kenai Peninsula Borough resulting from n~w pipelines and shore-based facilities built to develop and deliver oil or g~ from the OCS at $2.7 million per year over a 15 year period; and WHEREAS, the DEIS estimates that up to 400 direct jobs and 200 indin:ct jobs will be created ifone plattbrm is built in thc OCS that produces 140 million barrels of oil; and WHEREAS, the Kenai Peninsula Borough Assembly previously adopte~ KPB Resolution 2001-127, known as the Tr/-Borough Resolution, that addresses five specific concerns r~latcd to minimizing impacts on thc economy and environment of thc Kenai P~insula Borough and its communities; and WHEREAS, the DF. IS con.ins specific stipulations that address the prevention of conflicts with subsistence activities, commercial fishing and sport fishing activities within thc OCS; and WHEREAS, the DEIS provides for thc withdrawal of over 300,000 acres of lease tracts, from the proposed sales along the southern coast of the Kcnai Peninsula and the Barren Islands to mitigate impacts to subsistence activities and critical habitat areas of Stellar Sea Lions and other species of concern; and Kenai Peninmla Borough, Alaska Resolution 2003-016 P~e I of 3 WHEREAS, ~h¢ Kcnai Peninsula Borough Assembly believes that ~he MMS must continue ~o address the concerns expressed in ~he Tri-Borough Resolution ~o greatest degree possible within thc scope of its auch0rity, as granted by Congress, to mitigate the impacts of ~h¢ OCS Lease sale in response ~o thc Tri-Borough Resolution 2001- 127; and WHEREAS, the Kenai Peninsula Borough Assembly believes that 'all appropriate stale and federal agencies and Congress must address each of the remaining concerns of the TH-Borough Agreement that are beyond the scope of authority of the MMS; and WHEREAS, at the January 27, 2003 meeting of the Planning Commission, the members of thc Commission voted unanimously in support of the Outer Continental Shelf Leme sales as modified by thc proposed Altcrnatcs 3 and 4 that withdraw over 300,000 acrcs near the lower Kenai P~ninsula and the Barren Islands; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough Assembly supports Federal Lease Sales 191 and 199 within the waters of the Outer Continental Shelf of Cook Inlet under provisions of the Tri-Borough Resolution 200 I-127. SECTION 2, That ~e Kenai Peninsula Borough Assembly supports t~¢ adoption of both alternates 3 and 4 of thc Draft Environmental Impact Statemem fl~at would withdraw over 300,000 acres along the southern coast of the Kenai Peninsula and the Barrcn Islands from the proposed lease sales. SECTION t. That the Kenai Peninsula Borough Assembly will continue to demand that all furore oil and gas exploration and development activities .within the Outer Continental Shelf areas of Cook Inlet will adhere to points contained within the Tri-Boroughs Resolution 2001-127. SECTION 4. That copies of this Resolution will bc distributcd to the Minerals Management Service:, Interior Secretary Gaff Norton, Senator Ted Stevens, Senator Lisa Murkowski, Congressman Don Young and Governor Frank Murkowski. SECTION 5. This resolution shall become effective immediately upon adoption. Rcsolutio~ 2003-016 P~c 2 of) Kcnai Pcnin~ula Borough, Alasga F£B-05-2003 NED.C2:46 PM KENRI PEN BOR CLERK FPiX NO, 9072628615 P, 03 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 4TH DAY OF FEBRUARY, 2003. Pete Spragu¢, ~v~sembly P~sidcnt ATTEST: Kcaai Pemnsula Borough, R~sohzon 2003-016 Pag~ 3 of 3 KENAI PENINSULA BOROUG 144 N. BINKLEY · SOLDOTNA, ALASKA--99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us January 23, 2003 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 Re: Application for Renewal of Liquor License LINDA MURPHY, MMC BOROUGH CLERK Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai, Alaska: Beveraue Dispensary Pizza Paradisos - License #3032 Kenai Joe's - License #626 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, MMC Borough Clerk cc: applicant City of Kenai KPB Finance Department File S :\WPWIN~DATA~ABCB~,bc-letters~ENEWALS~R,enewal in City. WlXl Page 1 of 2 Carol Freas From: Sent: To: Reeda Jaramillo [reedajammiilo@revenue.state.ak.us] Wednesday, January 08, 2003 11:29 AM Carol Freas Sue Ellen Essert Subject: Renewal Notification - Kenai Dear Local Governing Body: We have received the following application(s) for renewal of liquor license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. Type: Beverage Dispensary License: Kenai Joe's #626 Location: 801 Cook Owner: Roy Dale Howard Agent: Roy Dale Howard Phone: 907283-5637 Mailing Address: P O Box 2818 Kenai AK 99611 Type: Beverage Dispensary License: Pizza Paradisos #3032 Location: Kenai Spur & Main Street Owner: George & Ekaterini Pitsilionis Agent: George Pitsilionis Phone: 907-283-3875 Mailing Address: P O Box 2917 Kenai AK 99611 We have received application (see attached notice) for a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by fumis~ng the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the 1/8/2003 KENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 · BUSINESS (907) 262-8608 FAX (907) 262-8615 · · EMAIL: assemblyclerk@borough.kenai.ak.us January 15, 2003 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 __RECEJVE:D .. · CITY C Re: Application for Renewal of Liquor License LINDA MURPHY, MMC BOROUGH CLERK Dear Ms. Holland-Williams' Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai, Alaska: Club BPO Elks Lodge #2425 - License #368 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, MMC Borough Clerk applicant City of Kenai KPB Finance Department File S :\WPWINxDATAkABCB~Abc-letters~R.ENEWALSkRenewal in City.wpd JRN-~U-EUU3 'I'HU O1:31 P/I KENRI PEN BOE CLERK NO, 9072828815 ?, 01/01 KENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669.7599 BUSINESS 1907) 262-8608 FAX (g07) 202-8615 EMAIL: assemblyclerk O borough.kenai.ak, us LINDA MURPHY, MMC BOROUGH CLERK .Tanuary 30, 2003 Ms. Dawn Ho]laad..Wi]liams Records &~ Licensing Suwzrvisor . Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, A~ 99~01-6698 Application tbr R~newal of Liquor License Dear Ms. Holland-Williams: . Please be advised that thc Kcnai Peninsula Borough has no objection to thc approval of the application(s) for renew~ of the liquor license(s) for the following establishment(s), located in the City of Kcnai, Alaske: Beverage. Disnensar~/ The Rainbow Bar #1312 The Kenai Peninsula Borough Finance Deparuncnt has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, MMC Borough Clerk CC: applican~ City of Kenai KPB Finance Dcpartm~t File $:[~&TA~tlCi;IVibe. lemm~tl~Nb'WAL.J~lam~waJ in Ci~y,~q~l Page 1 of 2 Carol Freas From- Reeda Jaramillo [reeda_.jaramillo@revenue.state.ak.us] Sent: Tuesday, January 14, 2003 12:55 PM To: Carol Freas Cc: Sue Ellen Essert Subject: Renewal Notification - Kenai Dear Local Governing Body: We have received the following application(s) for renewal of liquor license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. Type: Beverage Dispensary License: The Rainbow Bar #1312 Location:S02 S Main St. Owner: D & E Investments Inc. Agent: Diane Ireland Phone: 907-283-4556 Mailing Address: 502 S Main St. Kenai AK 99611 Type: Club License: BPO Elks Lodge #2425 - Lic#368 Location: Alyeska St. Owner: BPO Elks Lodge #2425 Agent: Peter Mysing Phone: 907-283-9595 Mailing Address: 608 Peterson Way Kenai AK 99611 We have received application (see attached notice) for a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statemen, t of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the 1114/2003 KENAi PENINSULA BOROUGH 144 N. BINKLEY . SOLDOTNA, ALASKA ~ 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us January 23, 2003 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 , · . Re' Application for Renewal of Liquor License ...... -.U Dear Ms. Holland-Williams: LINDA MURPHY, MMC BOROUGH CLERK Please be advised that thc Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of thc liquor license(s) for the following establishment(s), located in the City of Kenai, Alaska: Club Peninsula Moose Lodge # 1942 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, MMC Borough Clerk CC' applicant City of Kenai KPB Finance Department File S:\WPWIN~ATA~ABCBLttbc-letters~,ENEWALS~Renewal in City.wpd Page ! of 2 Carol Freas From: Dawn R. Holland-Williams [dawn_holland-williams@revenue.state.ak.us] Sent: Wednesday, January 08, 2003 4:04 PM To: Kenai PB; $oldotna; Seward; Seward (2); Carol Freas Subject: ABC Board - Renewal Notification Dear Local Governing Body: We have received the following application(s) for renewal of liquor license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. SOLDOTN.6JKPB Birch Ridge Golf Course 03/04-4010 42223 Sterling Hwy Birch Ridge Golf Course Inc SEWARD/KPB Christo's Palace 03/04-822 ! 33 4th Ave Manolakakis Inc .KENAI/KPB Peninsula Moose Lodge #1942 03/04-2494 12516 Spur Hwy Loyal Order of Moose Lodge #1942 KPB Saltry, The 03/04-1956 West Ismailof Island The Saltry Inc We have received an application for renewal of a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the 1/8/2003 CITY OF KENAI past- Ci.tr ~th ~ £uture.~ AND PERSONAL DATA- FOR APPOINTMENT COMMITTEES AND COMMISSIONS Resident of the City of Kenai? ~/~ .~ / Residence Address //~.~ Mailin~ Address Home Fax No. Business Fax 1~o. EMPLOYER: NAME OF SPOUSE: Business Telephone No Email Address: / /~- Job Title How long? //~2~. _~ ~ . Home Telephone No. ~_~ 7-e-~o°.~- .~"~~/ ~COMMITTEES OR. COMMISSIONS IN WHICH YOU ARE INTERESTED-_~_~ ,~ · ~r /' ' ~ ~, ' '- ~2, ~s~'' DO YOU W~T TO. BE I~OL~D ~TH T~S COMMISS~N OR WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMI'I~EE , ! · ' v / ~gnature ~. CITY OF KENAI "Village with a past- City ~4th a ~uture." BACKGROUND AND CANDIDATES FOR APPOINTMENT COMMISSIONS DATE: Resident of the City of Kenai? Residence Address ~/~ ~ ~ 7 Marling Address Home Fax No. Business Fax No. EMPLOYER: How long? ~/~'A~ ~ / Home Telephone No. ~-~c~r-~ - ~'.~ g= ~ Business Telephone No ~ ~b~~ Email Address' ~-~ ~ f-~ /~~~ ~'~A ~'~~ ~c, c~o~,~ NAME OF SPOUSE: Job Title Current membership in organizations: Past organ/zational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTE~STED: WHY DO YOU WANT TO BE INVOLVED WITH TInS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Signature Suggested by: Council CITY OF KENAI ORDINANCE NO. 1948-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN~, ALASKA, AMENDING KMC 1.90.030 TO CHANGE THE QUALIFICATIONS FOR THE BEAUTIFICATION COMMITTEE, HARBOR, PARKS AND RECREATION, AND LIBRARY COMMISSIONS TO ALLOW UP TO TWO MEMBERS EACH TO BE NON-RESIDENTS OF THE CITY OF KENAI. WHEREAS, KMC 1.90.030 currently requires members of commissions, boards and commissions to be residents of the City of Kenai unless specifically exempted by the council; and WHEREAS, allowing up to two non-resident members of the Beautification Committee, and Harbor, Parks and Recreation, and Library Commissions will expand the pool of volunteers wishing to serve on them; and WHEREAS, non-resident volunteers can and do make beneficial contributions to the City of Kenai by their volunteer efforts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 1.90.030 be amended as follows: 1.90.030 Qualifications. [a) A member of a board, commission or committee must be a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement. The member cannot be an officer or employee of the City of Kenai. If any member should move his residence from the corporate limits of the City of KenaJ {if applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. lb) The Beautification Committee, and Harbor, Library, and P~rks and Recreation Commissions may at the discretion of the Council have up to two non-resident members each. PASSED BY THE COUNCIL OF THE CITY OF KEN_AI, ALAS~ ~0~ da~r c~f February 2002. Carol L. Freas, City Clerk Introduced: February 6, 2002 Adopted: February 20, 2002 Effective: March 20, 2002 HARBOR COMMISSION Meets Monday Following First Council Meeting of the Month - 7:00 p.m. Council Chambers Commission Member Name and Home Business Email Address Ter~ Address Phone Phone E ++Barry Eldridge 283-7152 lrid~ebbCh, otialaska.net 2004 2679 Bowpicker Lane Kenai, AK 99611 2004 Kenai, AK 99611 Gary Foster 283-7857 283-9640 ~arvf(Dltia. lynden, corn 2006 P.O. Box 2505 Kenai, AK 99611 L. Jay Barrett 262-7290 283-1991 (p) theiaybob(~aol.com 2005 P.O. Box 821 283-2230 (f) Kenai, AK 99611 Kathleen Simon 283-8485 394-1464 (cell) mainland~alaska.com 2005 P.O. Box 2383 Kenai, AK 99611 George Spracher 283-9008 2006 P.O. Box 1251 Kenai, AK 99611 +Tom Thompson 283-4358 262-5731 kreta(~.,alaska.net 2006 111 Paula Street Kenai, AK 99611 Councilman Jim Bookey 283-4227 283-4227 (p) P.O. Box 326 283-4013 (f) ...Kenai, AK 99611 Contract Secretary Barbara Roper 262-6577 · P.O. Box 4234 Soldotna, AK 99669 +Chair ++Vice-Chair (1/16/2003) le e CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 22, 2003 - 7:00 p.m. *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. *APPROVAL OF MINUTES' a. *January 8, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS' Se e e Co do PUBLIC HEARINGS: a. PZ03-03~An application for a Conditional Use Permit for pet grooming and boarding for the property known as Lot 2, Donnybrook-Shamrock Subdivision, 1707 Shamrock Circle, Kenai, Alaska. Application submitted by Theresa J. Eddens, Kenai K-9 Spa, 1707 Shamrock Circle, -~Kenai, Alaska. OLD BUSINESS: a. Education Zone- Rezone Study- Discussion- Schedule Work Session NEW BUSINESS: *a. PZ03-04--An application for a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block 1, Herman Subdivision, 1314 Fourth Avenue, Kenai, Alaska. Application submitted by Linda Savok, 1314 Fourth Avenue, Kenai, Alaska. *b. PZ03-05~An application for a Home Occupation Permit for operating a quilting business at the property known as Lot 16, Block 2, Redoubt Terrace Subdivision Addition #8, 114 Haida Drive, Kenai, Alaska. Application submitted by Jane Kaiser, 114 Haida Drive, P.O. Box 1855, Kenai, Alaska. PZ03-06 (PZ97-19)--A request for transfer of Conditional Use Permit PZ97-19 (Cabin Rentals and Guide Service) from Will Jahrig to Keith Holton for the property described as Lot 12, Angler Acres Subdivision, Part 3 (1215 Angler Drive), Kenai, Alaska. Transfer requested by Keith Holtan, P.O. Box 741, Kenai, Alaska. PZ03-08~A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land Use Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RR1, RS, RS 1, RS2, RU, IL, and IH zones from a secondary use to a principal permitted use - Discussion 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS' a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS' a. Code Enforcement Annual/Year End Report b. Zoning Bulletin (12/24/02) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT' CITY OF KENAI PLANNING ~ ZONING COMMISSION CITY COUNCIL CHAMBERS ,JANUARY ~2, 2003 - 7:00 P.M. MINUTES ITEM 1' CALL TO ORDER Chairman Goecke called the meeting to order at approximately 7'00 p.m. 1-a. Roll Call Roll was called and confirmed as follows' Present: Osborne, Tunseth, Nord, Glick, Goecke, Bryson, and Amen. 1-b. Agenda Approval MOTION: Commissioner Nord MOVED to approve the agenda, including the handout of additional information for Item 5-a and Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. 1 Consent Agenda MOTION: Commissioner Osborne MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 8, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS-- None. ITEM 5' PUBLIC HEARINGS PZ03-03--An application for a Conditional Use Permit for pet grooming and boarding for the property known as Lot 2, Donnybrook-Shamrock Subdivision, 1707 Shamrock Circle, Kenai, Alaska. Application submitted by Theresa J. Eddens, Kenai K-9 Spa, 1707 Shamrock Circle, Kenai, Alaska. MOTION: Commissioner Nord MOVED to approve PZ03-03 and Commissioner Glick SECONDED the motion. Chairman Goecke opened the floor to public testimony. Verbatim' Nancy Henrickson: My name is Nancy Henricksen. I reside and operate Groomingdale's at 1802 Fourth Avenue here in Kenai. Thank you for allowing me the opportunity to present my testimony. I will be as brief as the situation allows, please bear with me. I wish no hardship upon my competition. There is no ill will between us. I believe competition keeps business owners aware of customer needs and I welcome it. All businesses should be a welcome addition to the City of Kenai. Residents will have more options and it will bring money in tax dollars to Kenai coffers. It is not my intent to bring hardship. It is my intent to see that the City of Kenai Planning and Zoning Commission apply fairness and justice overall. Expect of one as you would expect of another. If the City of Kenai expects one wholly enclosed business within a residence that is operating under a conditional use permit to erect a sight-obscuring fence, it should be expected of all. I adamantly object to granting this conditional use permit unless the City of Kenai applies the same condition to this permit as has been applied to mine. This business is of the same nature as mine. Not withstanding, I believe, the same for all business. I have been required to construct a sight-obscuring fence by June 30th of 2003, by the determination of the City of Kenai Board of Adjustments. It is my intent to comply. Given my financial hardship, having to construct a fence is likely to be unattractive and an embarrassment. I'm hoping this does not interfere with my income. I think it unfair for the City of Kenai to expect of one, or any of us, to construct a sight-obscuring fence for a business that is wholly enclosed within a residence. Why was the condition to construct a sight-obscuring fence applied? The City of Kenai Board of Adjustment took the easy way out. The City of Kenai made a fanciful decision within their broad spectrum of power and put me in a position of having to go to great expense, of building a fence and moving or relocating my business. The City of Kenai Board of Adjustment, is improperly named and would be more suitably titled 'Board of Arbitration' as they make arbitrary determinations. Why was this necessary? My neighbor has a problem. My business is wholly enclosed. My neighbor works during my business hours. My neighbor has objected to and complained about my dog, my yard, my automobiles, my garbage, my dandelions, PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 2 my fence posts, and my business--both personal and economic. Due to my neighbor's complaints, valuable time and expense has been used in having the City of Kenai code enforcement officer, John Parker, over to my home on two separate occasions. All violations noted on the first visit were remedied and the follow up confirmed this. A second report, instigated by my neighbor, no doubt, resulted in no code violations. Due to my neighbor's complaints valuable time and expense has been used in having City of Kenai animal enforcement officer, Bill Godek, over to my home on several occasions. There have been no City of Kenai code violations relating to my animals, or their care, in twenty-four years. Nineteen of those twenty-four years have been spent at my location now requiting a sight-obscuring fence. My neighbor's lack of presence here this evening regarding this grooming business and its request for a conditional use permit, indicates and validates to me that his complaints are personal in nature and not related to my business and its operation at all. For this reason, I feel you are in a difficult position this evening. I ask you now, given the matters explained to you and that I have a wholly enclosed business, what do I attempt to obscure? The second matter of fairness: kenneling, boarding or day-care aspects of business in Kenai. I find that the City of Kenai limits free enterprise. If properly planned, organized, built, operated in a sanitized facility, would be a tax paying enterprise. Restrictions of numbers being applied or adjoining property owner's objections, I can understand with valid justification. The exclusion, I cannot. In theory I can, given as likely the City of Kenai .... Goecke: You have fifteen seconds. Henricksen: I ask you to modify the conditional use permit and eliminate the requirements to construct a sight-obscuring fence by June 30. If you can do this I will withdraw my objection. In closing, I will ask collectively and individually, do you have the courage and heart to bring equal and impartial hardship without prejudice or do you choose to modify the conditions on my arbitrary, unfair, biased and prejudiced conditional use permit in order not to continue to deprive any residents of our civil liberties? I have thirteen signatures under a statement that states, "We, the undersigned, wishing no hardship upon the applicant, support this testimony and we, too, adamantly oppose the approval of this conditional use permit unless and until a modification is made to Groomingdale's conditional use permit to eliminate the condition applied, a sight-obscuring fence. We find that the condition is unnecessary for a wholly enclosed business and that the City of Kenai, particularly the Board of Adjustment, abuses the power granted to it by making arbitrary decisions in order to take the "easy way out". We, the undersigned, hold the City of Kenai accountable by signing this document. Thank you. Goecke: Any questions? Inaudible question regarding address. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 3 Henricksen: 1802 Fourth Avenue, Kenai. Goecke: Anybody else? Mr. Bryson. Bryson: I ask that the petition be placed with the City Clerk. Henricksen: Certainly. Goecke: Ok. Anybody else? Ivan Schoolcraft: My name is Ivan Schoolcraft and I reside at 1802 Fourth Avenue in Kenai. My question comes, and I have a hard time speaking in front of the public here, but, from what I understand from communicating with the animal enforcement in Kenai here, that boarding kennels come under zoning and can only be in rural residential subdivisions. I find that this Property is not in rural residential subdivision. According to the maps I can find, anyway. If this is going to be done as a boarding, the City is really losing in its definitions of what boarding is and I can't find any definitions in my computer researches on what boarding is or kenneling in the City of Kenai's definitions. So, my concerns would be that the zoning would be proper for kenneling in the City of Kenai. Thank you. Goecke: Any questions? Thank you. Judy Stiedl: Good evening. My name is Judy Stiedl, I live at 313 Rogers Road here in Kenai. Nancy does my grooming at Groomindale's. I have been over there several times. My only problem with her being granted, being able to kennel and stuff, I believe Nancy Hendricksen at Groomingdale's should be allowed to kennel, too. As you are well aware, nobody in the city limits is allowed to kennel and this makes a hardship if any of you own dogs, you realize you have to go all the way to Nikiski to kennel our dogs or we have to go to Kasilof. It's really inconvenient. I believe the City of Kenai is losing a lot of money by not allowing a kenneling in these businesses if it can be monitored and everybody is up to the same rules and standards. I think that would be fair. But, I know that with Kmart leaving and a lot of things that this...Kenai is going to pretty much be a ghost town if we don't do something. And I think that we're losing a lot of businesses when we have to leave the town of Kenai just to find a place for animals. We all have a lot of animals and it would make it a lot more convenient for a lot of us residents. And I think you guys would be able to monitor them a lot better and make sure care of the animals are taken care of. And, that's all I have to say. Goecke: Any questions? Anybody else? PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 4 Terri Eddens: I am Terri Eddens of the Canine Spa. I wasn't going to speak tonight unless asked questions. As far as the kenneling situation, the boarding, if you will, situation, the type of boarding I do is mostly recommended by veterinarians and they are geriatric dogs. They are dogs that need special needs. A lot of their outside, they don't have much outside time and when they do go outside, I am going with them. It's like I'm taking the dog for a walk. It's within a closed fence area that I take them but I also take them on a leash so I am with them all the time. That way I can also oversee their toilet habits to make sure there is nothing wrong with them since these are, most of them, patient dogs. I've spoken with Bill Godek and he knows the kind of facility that I'm running and under the circumstances, since it's kind of an extended care facility, that I wouldn't need a kennel license, per se. And that's what I have to say about that and as far as having, complaining neighbors, I have none. I believe before you, you have affidavits from each and every one of my neighbors. I'm on a small cul-de-sac, there are five houses on the cul-de-sac, each one of the homeowners, residents of those signed, it's like a petition form that you have. And then I have neighboring apartment buildings on two sides of me and I have letters from those neighbors also. Anyone who is within, oh, five hundred yards of my house .... or five hundred feet, I guess, I contacted and most of them don't even realize there is a business there because I keep it very, I mean it's very quiet for having dogs in it. And that's all I have to say. Goecke: Ok. Any questions? Ms. Nord. Nord: How many special needs dogs to you keep at one time? Eddens: The most I've had there are five and they were ranged from, there was a schnauzer, a toy poodle, Maltese, a Yorkie. That was over the holiday. Normally I have one at a time. Nord: When you have these special needs dogs, you take them out separately or...? Eddens: Yeah, no. I take them one at a time. Nord' One at a time. Eddens: Yes. I never mix my dogs. Nord: What is the average stay of your dogs? Eddens: I've not had anybody leave a dog longer than two weeks with me. Generally, it's shorter than that. The two weekers are long ones, to me. Especially if they're high needs it's a long stay, you know, because I spend a lot of time with them and nurturing them and I also do pet massage on them to help them relax while they are PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 5 there. That's one of the services I offer and that's, you know, people seem to really enjoy that for their pets. Nord: Thank you. Goecke: Anybody else? Mr. Amen. Amen: Several questions. You said you had a five maximum. number of dogs you feel like you could take care of yourself?. What's the maximum Edden: I'wouldn't want in there any more than six or seven. work. So, I'd probably keep it at five. The five was a lot of Amen: Ok. And this (inaudible) has a fence? What type of fence is that? Edden: It's a, I believe it's five foot high. Amen: It says a five fence on the sketch. Edden: Yes. Amen: And the type of fence? Edden' Oh, I'm sorry. It's chain link. Amen' In your interpretation what is the difference between boarding and kenneling? Edden: There is none. type that I do. I just use the two terms. I call it extended care, because of the Goecke: Ok. Anybody else? Ok. Thank you. Edden: Thank you. Goecke: Ok. At this point in time we'll bring it back to the Commission and ask staff if they have anything additional on this item. Kebschull: The only thing that I would have in addition, is I did receive one phone call from an applicant, or from one of the neighbors who couldn't be here tonight and it was Mr. Kemble and he stated he rents his house...he's directly next door to Ms. Eddens, and he basically said they had had no problems with the dogs there. He said one time he was there and there were some dogs barking but she was right there and he thought they may have even been her personal animals. He just said he didn't have any problem at all with it. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 6 Goecke: Ok. Mr. Bryson. Bryson: Question for staff. is, what the former petition. I presume that this petition is in suburban residential. As Is that correct? (Unknown): That is correct. I have the map here if you'd like to see. Bryson: And in both cases I have traditionally seen uses required for (inaudible). Kebschull: The code does not have a list for grooming and in those cases we consider a conditional use required. However, animal boarding is listed as conditional use in the land use table. Bryson: In regard, specifically, to the conditional use of that petition, (inaudible) that exists, do you find any difference between these two situations? Specific to the conditional use itself?. Other than requirements put on by the Board of Adjustment? Kebschull: The only, as far as the application I see no difference. Tunseth: I have a question regarding the GroomingdaJe's...is that actually a separate issue? She mentioned that the Board of Adjustment actually made the ruling on her having to have a fence. Is that due to an appeal? Kebschull: Yes. That's correct. It was denied at this level and it was appealed by the applicant and the Board of Adjustment ruled the permit could be granted with that requirement. Goecke: Mr. Bannock. Bannock: Mr. Chair, if I could just speak to that just briefly. When the council sits as a Board of Adjustment, there are, in essence, three actions that the council can take. They can take the action to deny the request. In this instance it would have been to uphold the planning and zoning commissions decision. Or to overturn the Planning and Zoning...there are four things. Remand it back to Planning and Zoning because maybe something else happened or changed or something like that. Or, they, acting as a Board of Adjustment can actually pass the conditional use permit, acting with the same authority that the Planning and Zoning has with your ability to place conditions on things. So those are the four things that the code has granted the Council when acting as a Board of Adjustment. What the Council did, what the Board of Adjustment did, is they acted on the fourth option where we almost, I hate to use this word, assumed your powers but we acted like the Planning and Zoning could in granting the request by putting conditions on it, much like you have the authority to place, as well. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 7 Kebschull: Mr. Chairman I would like to remind that the question Mr. Bryson just asked me as far as the applications were the same, however, the Planning Commission did amend and Ms. Henricksen agreed not to kennel pets. So, when the action was denied at this level it was strictly denied for an amended petition for the grooming. And, as my understanding it was not approved for boarding at the Board of Adjustment. Nord' I just don't remember this at all. I'm...did the Planning and Zoning Commission deny it and...apparently I had been out of town and was not here. Henricksen: Could I briefly recap for you what happened? Bryson' I, it was defeated at the Planning Commission level by a 3-1 voting favor due to a lack of quorum. It was reconsidered with a switch of voting and it was again defeated by a 3-1 vote, three in favor. At that point it was perceived to be denied, it was appealed, and went to Council as the Board of Adjustment and they had their hearing. Nord: Thank you. Goecke: Mr. Amen. Amen' Thank you, Mr. Chairman. I have a question for staff, is there anything different between boarding and kenneling, is there a number of dogs involved, or, what's that do? Kebschull: I believe that kennel permits are issued by the animal control officer and he has criteria in his section of the code. I'm not sure what that is, but if you have more than three adult animals, I believe it is, in the City of Kenai, you require a kennel permit. And it may be your own animals, it's just a number and I don't have a copy of the code here but that's what it is. They allow for you to have puppies up to a certain age and then you have to get rid of them or have a kennel permit. So, people in the city who had kennel permits don't necessarily take care of other people's pets. Boarding is in our section of the code where you actually do it as a business. Henricksen' And boarding is not defined within the zoning code. in the animal control code. Sorry. I'm sorry. Sorry. Kenneling is defined Goecke: You can't be speaking from back there. First off it can't be recorded. Henricksen: Can I step to the podium? Goecke: Make it brief. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 8 Henricksen' Boarding falls under zoning. It is not defined under zoning definitions. Kenneling falls under animal control. It is defined as a person who keeps four or more dogs over the age of four months. What needs to be definitive in there is the word keeps. What does keeps mean? Do you own it? Do you partially own it? Is it your friends, your neighbors, do you take money do you not. Thank you. Goecke: Ok. Mr. Bryson, you look like you have a question. Bryson' Well, concerning the grooming, I find very little difference between the two situations. If anything, specific to the conditional use there is less activity taken place on Fourth Street location as opposed to Shamrock Circle. Be that as it may, I will be voting in favor of the conditional use that is before us tonight. Tunseth: Just another question. Regarding this issue, this requirement of having a fence that was placed upon Ms. Henricksen was actually placed upon her by the Board of Adjustment. Kebschull: That's correct and her next step was to take it to court; to the Superior Court. That was her next step with appeal. The Planning Commission cannot take action on an action by the Board of Adjustment. Goecke' Mr. Glick. Glick: The big difference I see here is that this is in a cul-de-sac and it's very close to other houses and all the people around her say they don't mind, it's not a problem, she does have a fence, however it's not a sight-obscuring fence. The dogs are not out there very often. And I live within a block of where this activity takes place, I don't ever see anything out of order down there, so I'm going to be voting in favor of the conditional use. Goecke' Anybody else? Ok. Seeing none we'll call for question. VOTE: Osborne Yes Tunseth Yes Nord Yes Glick Yes Goecke Yes Yes Alnen Yes Bryson MOTION PASSED UNANIMOUSLY. Chairman Goecke stated anyone wishing to appeal could do so within fifteen days at the City Clerk's office. ITEM 6: OLD BUSINESS PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 9 Discussion -- Schedule Work Session/Education Zone/Rezone Study Kebschull explained the Commission previously Passed a resolution recommending an education zone be formed and council then passed an ordinance amending the zoning code to add the zone. She added, additional information had been received from the Borough to have the Commission review the properties to be recommended for inclusion in the zone. Kebschull noted, the public presentation of the Comprehensive Plan was scheduled for February 12 and noted she would be absent for the second meeting in February. Due to these issues, the Commission set a work session to be held immediately following their March 12 meeting. ITEM 7: NEW BUSINESS PZ03-04 -- An application for a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block 1, Herman Subdivision, 1314 Fourth Avenue, Kenai, Alaska. Application submitted by Linda Savok, 1314 Fourth Avenue, Kenai, Alaska. Approved by consent agenda. 7-bo PZ03-05 -- An application for a Home Occupation Permit for operating a quilting business at the property known as Lot 16, Block 2, Redoubt Terrace Subdivision Addition #8, 114 Haida Drive, Kenai, Alaska. Application submitted by Jane Kaiser, 114 Haida Drive, P.O. Box 1855, Kenai, Alaska. Approved by consent agenda. PZ03-06 (PZ97-19} -- A request for transfer of Conditional Use Permit PZ97-19 (Cabin Rentals and Guide Service) from Will Jahrig to Keith Holton for the property described as Lot 12, Angler Acres Subdivision, Part 3 (1215 Angler Drive), Kenai, Alaska. Transfer requested by Keith Holtan, P.O. Box 741, Kenai, Alaska. MOTION: Commissioner Osborne MOVED for approval of Resolution PZ03-06 and Commissioner Glick SECONDED the motion. Kebschull explained the code allows for a transfer of a conditional use permit upon written request as long as the applicant agrees to adhere to the original conditions. In PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 10 this case, Mr. Holtan purchased the property from the Jahrig's and has agreed to adhere to the original conditions. She also noted, she had not received any complaints from neighboring property owners. VOTE: Osborne Yes Tunseth Yes Glick Yes Goecke Yes Amen Yes Nord Yes Yes Bryson MOTION PASSED UNANIMOUSLY. 7-d. PZ03-08 Discussion -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council of the City of Kenai, Alaska, that the Land Use Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RR1, RS, RS 1, RS2, RU, IL, and IH zones from a secondary use to a principal permitted use. Kebschull reported she and City Attorney Graves reviewed the Land Use Table and noted parks and recreation are currently listed as secondary uses in several zones and there is no primary use. She added, it basically meant no parks would be allowable in most of the city zones. She noted, this was an anomaly overlooked when the Land Use Table was amended in the past. Kebschull stated, the situation needed to be clarified, either by determining parks and recreation to either be a ~C' or ,p., She added, administration did not feel there were any zones where parks or recreation should be not allowed. Bryson noted a concern that it was not known, by definition, if parks and recreation was limited to only municipal use or could it be quasi-public or a business. He noted, a golf course is a recreation but also a business. Bryson continued, if the requirement was made of primary use in residential zones and the Lions Club wanted to build a skateboard park, for example, it would not be private or a business, but would have an impact. Bryson added, he felt, in all circumstances, parks and recreation should be a permitted use, and modify the definition of parks and recreation to be only municipal and the council can then make a determination. Goecke stated he agreed and thought the matter should be discussed further, but first go to council and the Parks & Recreation Commission to determine a definition. Kebschull explained, when no definition is available, the common definition is used. In this case, parks and recreation was listed under Public and Institutional in the zoning district table and then could be municipal, borough, or state, but not private use. She added, should a conditional use permit be required before the approval of the plat? She noted, the city attorney suggested it could be listed as municipal use and "C' under higher density zones and "P' in the commercial and industrial zones, PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 11 etc. Kebschull suggested the matter should be brought forward for a public hearing. Bryson stated he had no objection to the determination of placing a park being reviewed and approved by council. He added, he felt the Commission should be able to limit the use in residential zones. Bannock suggested the Commission should determine whether they wanted the issue to return to them as a public hearing to make a formal recommendation. He added, in reference to Bryson's comments, it was easy to discuss commercial versus public, but there can be a public/commercial operation, i.e. the Recreation Center, a public facility. He encouraged the Commission not to get too concerned about the commercial versus municipal aspect, but rather an applications standpoint. Kebschull asked if the Commission would be comfortable with a resolution to recommend changing the ~S' in the residential zones with ~C.' Because the city takes a long time in developing a park, she didn't think it would be a problem. She also suggested changing parks and recreation to "P' in the Industrial and Commercial zones. Bryson stated, it would be important to make the change from ~S' to ~P' as it would place precedence on interpretation of other areas where principle use is not performed on the property. Kebschull added, currently the code does not allow for a variance as it states the use must be a principle permitted use and technically, in those zones, no parks and/or recreation is allowed. Bryson stated he was supportive of the conditional use approach. Kebschull stated she would bring back a revised recommendation for a resolution stating to change the "S' in residential zones to "C' and in Commercial and Industrial, changing the ~S' to ~P.' Those not to be changed are currently listed in the Education, Recreation, Townsite and Conservation Zones. There were no objections. ITEM 8: PENDING ITEMS-- None. ITEM 9: CODE ENFORCEMENT-- None. ITEM 10: REPORTS 10-a. City Council -- Councilman Bannock reviewed the action agenda of the January 15 council meeting and noted the following: · The presentations prepared for the Arctic Winter Games Site Selection Committee were very successful. · Commissioner Goecke was reappointed to the Commission and the resignation of Commissioner Nord was accepted. · A public hearing, without an ordinance, regarding smoking in eating establishments will be held at the February 5 council meeting. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 12 10-b. BorouEh PlanninE -- Commissioner Bryson reviewed the actions taken by the Borou§h Planning Commission at their January 13 meetin§ and noted the following: · A petition for vacation of three feet on a lot on Candlelight Drive was approved. · A petition to reclassify 400 acres of Borough land for agricultural use was approved and the Assembly will now have to approve the reclassification and determine the method of transfer of the property to the general public or individuals. Nord noted a state statute requires properties within one mile of agricultural properties disclose the agricultural property to potential purchasers. She added, she was concerned due to the many homes in the area of the property to be reclassified. 10-c. Administration-- Kebschull reported the follOwing: · In regard to the certified mail requirement discussion, she was asked by the city manager to obtain a clarification of delivery confirmation and whether using this method would give verification of receipt and whether it would save money. Kebschull noted she met with post office personnel who indicated the cost savings would be approximately twelve cents if the item were mailed at the regular $.37 fee. She added, the use of large envelopes is required and no signature is required at the time of receipt, however a person would not have to stand in line at the post office to pick up the mailing, but there would also be no knowledge of whether the item was picked up. · The yearly reports were completed and all were in compliance and they also found there were some permits no longer active. It was noted 22 out of 23 property owners had received certified mailings of the public hearing held during the meeting and it appeared only one of those receiving the notices attended the meeting. Bannock stated he felt council was being cautious and didn't want the public to feel they were not being informed. He also noted, there is no legal reason for the certified mailings and administration is in support of discontinue the requirement. He believed a compromise might come sometime in the future. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. Code Enforcement Annual/Year End Report Zoning Bulletin (12 / 24/02) ITEM 13: COMMISSION COMMENTS & OUESTIONS Amen -- No comments. PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 13 Bryson -- No comments. Goecke -- Thanked Commissioner Nord for her work and interest while serving on the Commission. Glick-- Reported he would not be in attendance at their February 12 Commission meeting. Nord -- Stated it had been a pleasure serving on the Commission and would miss working with the commissioners, administration and public. She also noted she was glad the Commission approved the conditional use permit for the animal care facility as it served the community with special needs dogs. Tunseth -- No comments. Osborne -- No comments. ITEM 14: ADJOURNMENT MOTION: Commissioner Osborne MOVED for adjournment and there were no objections. ORDERED. SO The meeting adjourned at approximately 8'20 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING JANUARY 22, 2003 PAGE 14 J,~n 30 03 02:45p Shasn R. Rnderson 90?-283-?906 CITY OF "Village with a past- City with a BACKGROUND AND PERSONAL DATA CA~IDATES FOR APPOINTMENT COMMITTEF~9 COMMISSIONS DATE: NAME: Resident of the City of Kenaip ~~~:~_~~ How long? ~ Residence Address ~ M~.~ing Addr?s8 Home Telephone No. ~~ .... Address. EMPLOYIi:R: Job Title_ .. Past organizational memberships: ~ COMMiTT~~ OR COMMISSION8 I~ WI:~CH YOU AR]~ INTERESTED: BE ~OL~D ~H T~S CO~ISSION OR CO~~EE? ~T BACKGRO~, ~E~CE, OR C~DE~~ DO YOU POSS~ TO B~G TO T~ BO~, CO~EE MEMBE~~p Si, CITY OF KENAI with a past- City with a future." AND PERSONAL DATA- FOR APPOINTMENT COMMITTEES AND COMMISSIONS NAME: Resident of the City Residence Address Marling Address ~~ Home F~ No. Business F~ No. EMPLO~R: . - N~E OF SPOUSE: How lonE? Home Telephone No. ~7~ 7-~~-~- .~~~/ Business Telephone No Email Address: ~ k'& t~'7'~~d~-. /~,i~ ~i~¢,~/~t9'/,?~~ Job Title Pa.~t organi~ttonal memberships: 'o/~ ~OMMI .T?EES OR~COMMISSIO~IS IN WHIC.[I YOU ~ INTERESTED: f~ "~ ?~ ~7~ ' ' DO YOU WANT TO BE INVOLVED WITH OR WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE M: - . gnature CITY OF KENAI . 210 FIDALGO AVE.. SUITE 200 KENAI. ALASKA 99611-7794 BACKGROUND AND PERSONneL DATA - C]~NDZDATEB FOR TO COMMITTEES AND COMMIBSIONB D~tTE: . Resident of the City of Xenai? y~~ How long? /~,zf/~ Mailin~ Add=ess ~;~? ~ Telephone No.-~F~-~ ~/~ NI~M~ OF SPOUSE: TH'U~.. ~' Current membership in organizations= Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WIUNT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? KENAI BEAUTIFICATION COMMITTEE JANUARY 14, 2003 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: , , CALL TO ORDER/h ROLL CALL ITEM 2: ELECTION OF OFFICERS ITEM 3: AGENDA APPROVAL ITEM 4: APPROVAL OF MINUTES -- September 10, 2002, October 8, 2002, and November 12, 2002 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS a. Summer Flower Beds ITEM 7: NEW BUSINESS Banner Images and Letter ITEM 8: REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 9: 0UESTIONS AND COMMENTS ITEM 10: INFORMATION Parks & Recreation Commission Meeting Minutes of December 5, 2002. City Council Action Agenda of December 18, 2002 and January 2, 2003. ITEM 11: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE JANUARY 14, 2003 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIR MARILYN DIMMICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER & ROLL CALL Chair Dimmick called the meeting to order at 7'15 p.m. Roll was confirmed as follows: Members Present: Rogers, Nelson, Brown, Dimmick (in at 7'05 p.m.), Seymour (in at 7:12 p.m.) Others Present: Councilwoman Swarner, Parks and Recreation Director Frates, Department Assistant Harris ITEM 2: ELECTION OF OFFICERS MOTION: Member Rogers MOVED to re-elect Dimmick as Chairperson and Brown as Vice-Chair. Member Seymour SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: AGENDA APPROVAL The agenda was approved as presented. ITEM 4: APPROVAL OF MINUTES -- September 10, 2002, October 8, 2002, and November 12, 2002 MOTION: Member Brown MOVED to approve the minutes as written and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HRA~D -- None ITEM 6: OLD BUSINESS 6-a. Summer Flower Beds The Commission discussed the upcoming spring planting season. The following items were discussed: Blooming lilies often obstruct the Leif Hansen sign in the summer. The Committee suggested either moving the entire sign up or back three feet or planting pixi-lilies; the existing lilies would be re-planted to the sides of the signs. · Plant more nasturtiums, rudbeckia, and lobelia as they are hearty and lovely. · Try to obtain another shade of kale. The red kale looked great; perhaps the pink variety would fare well. · For boxes, use either all one color or one color along with a similar shade. · Be careful when planting donated plant material as not all plants do well outdoors. Some of the material donated by greenhouses has not been tested for viability in the outdoors. · Remove grass from various areas and replace in Erik Hansen Scout Park. · Poppies should be planted at the Erik Hansen Scout Park. The Committee agreed next month everyone should bring a design to be discussed. Additionally, Dimmick asked everyone to consider a theme for the planting season; member Rogers suggested ~Splashes of Color." ITEM 7: NEW BUSINESS Banner Images and Letter After discussing the merits of each sample banner enclosed, the Committee agreed on the following banners. · Bear (page 1) · Moose in River (page 3) · Church with birds (page 6) · Iris (page 6) · Mountain and Welcome ---without ~Welcome to..." (page 2) · Spares' Lupine (page 6) and Mountain with fireweed (page 2) ITEM 8: REPORTS 8-a. Committee Chair-- Dimmick requested Beautification members to bring any flower and/or gardening catalogs to the next meeting for reference and review. 8-b. Parks/h Recreation Director -- Frates reported the following' · Holiday pole decorations are currently being removed. · The Nordic trails have been closed due to lack of snow. · The new Airport Triangle Park plans have been reviewed by the Parks and Recreation Commission and forwarded to Council. Council has, in turn, requested further review by Parks and Recreation. Frates stated it should be in next month's packet to be reviewed by the Beautification Committee. KENAI BEAUTIFICATION COMMITTEE JANUARY 14, 2003 PAGE 2 9-c. Kenai City Council Liaison -- Councilwoman Swarner provided a briefing of the upcoming Council meeting. Swarner also informed the Committee of the joint work session planned for Monday night with the Soldotna City Council. ITEM 9: OUESTIONS AND COMMENTS -- None ITEM 10: INFORMATION 10-a. 10-b. Parks & Recreation Commission Meeting Minutes of December 5, 2002. City Council Action Agenda of December 18, 2002 and January 2, 2003. ITEM 11: ADJOURNMENT The meeting adjourned at 9:00 p.m. Minutes prepared and submitted by: Sharon M. Harris, Department Assistant KENAI BEAUTIFICATION COMMITTEE JANUARY 14, 2003 PAGE 3 217 Second Street, Suite 200 · Juneau, Alaska 99801 Tel (907) 586-1325 · Fax (907) 463-5480 · www. akml.org January 21, 2003 Mayor John Williams City of Kenai 210 Fidalgo Ave., St. 200 Kenai, AK 99611 Dear Mayor and Council Members: -, , REc iv,E.: - - JAN 2 7 ?[gt ! KEr'..!AI CITY CLERK Enclosed is the invoice for your 2003 AML Membership dues. You join 142 cities and boroughs (the largest membership in the history of AML) who make up AML. We are pleased that the League has not increased its per capita dues in over 10 years. With your continued support, the voice of' municipal government is strongly heard by the State and Federal Administration, the Alaska State Legislature, and Congress. What are a few things AML has done to help your municipality? · AML helped increase federal PILT revenue sharing by $14 Million in 2002 for all Alaskan boroughs and cities in the Unorganized Borough. · Municipal Revenue Sharing maintains again: After a history of 17 straight years of cuts, this is a major state policy change. · No State Sales Tax: AML led a successful legislative information campaign on the negative impacts of a state sales tax on municipal finances. · Local Government Assistance: AML was awarded a $50,000 Denali Commission grant to increase direct assistance to communities. · · -Education funding and school area cost differentials: AML helped create the consensus to study area cost differentials and advocates for higher per student school funding to offset inflation. · Force Account Success: AML led a successful negotiation to allow municipalities to continue to set local wages on grant funded infrastructure, while also working with the State, unions, and contractors on their concerns. · "Code Blue" Statewide EMS Equipment: AML played a key role advocating for a Denali Commission program to replace failing EMS equipment statewide. · In addition, AML offers: money savings municipal insurance; discounts on computers and office supplies; great training events; AML publications like the Touchstone, the Legislative Bulletin, the Alaska Municipal Officials Directory, and others to keep you in touch with state and national issues. As budgets get tighter, your municipality needs to join with all other municipalities to provide a united voice on,municipal priorities. Please call me toll free at 1-877-636-1325 for further informat/~n o7o leam more about AML policy and services. / I / / ~ lncere~y,,/ /// Executive Director ,: ' ' Enclosure f ~ ~?' Member of the National League of Cities and the National Association of Counties AGENDA KENAI CITY COUNCIL- REGULAR MEETING JANUARY 15, 2003 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) . Mike Nugent and Lisa Parker, Agrium -- Economic Impacts of Agrium Kenai Nitro§en Operation ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS o Ordinance No. 1985-2003 -- Increasing Estimated Revenues and Appropriations by $16,895 in the General Fund for a Grant From the Bill and Melinda Gates Foundation. , Ordinance No. 1986-2003 -- Increasing Estimated Revenues and Appropriations by $28,000 in the Airport Terminal Enterprise Fund. , Resolution No. 2003-03 -- Setting the Public Hearing Date on the Proposed McCollum/Aliak Local Improvement Special Assessment District. a. Choice of Method of Assessment b. Percentage of Assessment , Resolution No. 2003-04-- Declaring the Kenai Coastal Trail and Erosion Protection Project as the Number One Capital Improvement Project Request for U.S. Federal Funds. -1- . Resolution No. 2003-05 -- Awarding the Bid to Kenai Chrysler Center for a Senior Center All-Wheel-Drive Mini-Van for the Total Amount of , Continuation of Liquor Licenses -- PROTEST Alaskalanes, Inc. New Peking Eaglechief, Inc. ITEM E: COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F. MINUTES , *Regular Meeting of January 2, 2003. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS o Approval -- Commission/Committee Continuation of Terms ITEM I: NEW BUSINESS le Bills to be Paid, Bills to be Ratified e o Purchase Orders Exceeding $2,500 *Ordinance No. 1987-2003 -- Amending KMC 23.50.010 to Change the Range of the Police Trainee While Attending the Public Safety Academy at Sitka to a Range 2. o *Ordinance No. 1988-2003 -- Amending KMC 7.15.050 to Increase the Purchasing Limit Without Competitive Bidding for Construction or Maintenance Projects to $20,000. , *Ordinance No. 1989-2003 -- Increasing Estimated Revenues and Appropriations by $1,900,000 in the Wellhouse No. 4 Capital Project Fund and $950,000 in the Water and Sewer Special Revenue Fund. -2- . *Ordinance No. 1990-2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Day Care Centers From "C" (Conditional Use) to "P" (Principal Permitted Use) in the CG (General Commercial), CC (Central Commercial) and IL (Light Industrial) Zones. , Discussion -- Smoking in Restaurants ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS . City Manager Attorney City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT -3- KENAI CITY COUNCIL- REGULAR MEE~rlNG JANUARY 15, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / www. cl. kenai, ak. u s MAYOR JOHN J. WILLIAMS, PRF~IDING MINUTES ,,, ITEM A: ,, CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-I. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Jackman, Williams, and Bookey. Present were' Swarner, Moore, Porter, Bannock, A-3o AGENDA APPROVAL ADD TO: Mayor Williams requested the following changes to the agenda: ADD AS: B-l, John Williams/h Tim Navarre -- Arctic Winter Games E-6, Planning/h Zoning Commission Report -- Resignation of Barbara Nord from the Commission. SUBSTITUTE: I-2, Purchase Orders Exceeding $2,500 -- Addition of purchase order to Charlotte's Restaurant for $4,305.00. K- 1, City Manager's Report -- 1 / 8 / 03 memorandum re§ardin§ potential projects for le§islative fundin§. ADD TO: MOTION: Councilman Bookey MOVED to approve the agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. CONSENT AGENDA MOTION: Councilman Bookey MOVED to approve the consent agenda as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. John Williams -- Arctic Winter Games KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 2 Williams stepped down from the dais to speak to this item. He reviewed a program to be given to the site selection committee for the 2006 Arctic Winter Games who would be visiting the Kenai Peninsula on January 17, 2003. He noted the Committee would be visiting facilities in the Kenai/Soldotna areas where many of the athletic venues would take place. Williams also noted, the cost for holding the Games on the Peninsula had been estimated at $4 million. Williams encouraged council and members of the public to show their enthusiasm for the Games to be held in the Peninsula by attending the morning program at Kenai Central High School on Friday and the reception to be held in the evening at the Visitors Center. Mike Nugent and Lisa Parker, Agrium -- Economic Impacts of Agrium Kenai Nitrogen Operation Nugent reviewed the Kenai economic impact to the community through the Kenai nitrogen operations with employment; payroll; goods and services; taxes and fees; and charitable contributions. He also noted the importance of future gas supply in Cook Inlet and the change in how f~xed value of gas is defined. Nugent noted it will take two to three years for their plant to get back to full employment. During that time they will be investigating their structure and make adjustments to remain competitive. The City of Kenai may help them by supporting, through the Legislature, the development of natural gas reserves. Williams reminded council he will meet with representatives of the U.S. Mineral Management Service on Friday January 24 and the Service will conduct a public hearing on January 25 at the Kenai Merit Inn. BREAK TAKEN: 7:55 P.M. BACK TO ORDER:. 8:05 P.M. ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS Assemblywoman Glick reviewed actions taken by the Assembly and items of interest' Protesting the continuing operation of several liquor licenses for businesses situated in the City of Kenai. · Appropriated funding for the first phase of the North Road Extension Project. · They are compiling a federal funds priority list and requested the city's resolution with no more than two or three pages of back-up material. They are considering not including requests from non-profits. · Consideration is being given to making some changes in the school system due to declining enrollment and funding, i.e. maybe closing some schools; combining programs and creating magnet schools; request the Borough to take on KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 3 borough-wide park and recreation powers; request cities to take over recreational activities currently carried by the school system; contract janitorial and other services; share principals; close the media center; increase user fees, etc. · Mayor Bagley is proposing the development of a borough information office for taking part in teleconferences. With the Legislative Information Office in Kenai, Glick stated she did not feel placing one at the borough building was necessary. Porter asked if the Assembly had discussed changing the current formula for taxing airplanes in the Borough. Glick stated she was not aware of any further action but would investigate the issue and report back. ITEM D: PUBLIC HEARINGS D-Io Ordinance No. 1985-2003 -- Increasing Estimated Revenues and Appropriations by $16,895 in the General Fund for a Grant From the Bill and Melinda Gates Foundation. MOTION: Councilman Moore MOVED to adopt Ordinance No. 1985-2003 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes Bookey Yes MOTION PASSED UNANIMOUSLY. D-2o Ordinance No. 1986-2003 -- Increasing Estimated Revenues and Appropriations by $28,000 in the Airport Terminal Enterprise Fund. MOTION: Councilwoman Jackman MOVED to adopt Ordinance No. 1986-2003 and Councilman Bannock SECONDED the motion. There were no public comments. Councilman Bannock noted he spoke w/th a representative of ERA Aviation recently and they were excited about the acquisition and added, he would support the ordinance. KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 4 VOTE: Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes Yes Bookey MOTION PASSED UNANIMOUSLY. D-3o Resolution No. 2003-03 -- Setting the Public Hearing Date on the Proposed McCollum/Aliak Local Improvement Special Assessment District. a. Choice of Method of Assessment b. Percentage of Assessment MOTION: Councilman Bannock MOVED for approval of Resolution No. 2003-03 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. Eric Wilcox, M¢Collum Drive -- Wilcox reported he initiated the petition and carried it to his neighbors and spoke to them about forming the LID to have their roads paved. Because he represented the cost as a 75/25 split at the time he spoke to his neighbors, he requested the split of the cost remain the same. He also stated, he did not believe he would have garnered as many signatures if the split would have been so/so. Council noted, it was their intent, even when recently changing the split, to offer the 75/25 split for already initiated LIDs. City Manager Snow explained both splits were included with the council's information as there was a question of whether the wording of the recent change in policy would include this LID. Snow added, information for both a linear and square foot method of assessment were included and requested input from council. Bookey asked if there would be funds to complete the project with a 75/25 split and Snow answered there were not sufficient funds at this time; the funds were expected to be in-hand through grant funding from the state. She noted, however, the project would hinge on whether funds were received and the resolution at the public hearing would refer to those conditions. Discussion followed regarding the linear and square foot methods of assessment. Snow noted, both methods had been used in the past, and because the lots are irregularly shaped, the linear method would give a fairer assessment. Public Works Manager Komelis noted the code states the square foot method is to be used unless KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 5 the council requests a different method. He added, there would be inequities for some property owners in using either of the methods. Councilwomen Porter and Swarner stated their support of using the square foot method and Porter added, property owners can speak to the method at the public hearing. Bookey stated he would support the square foot method. Williams suggested two resolutions be brought to council, i.e. one using the square foot methodology and one the linear foot. Bannock agreed the method could be debated at the public hearing and a decision made at that time. VOTE: Councilwoman Swarner requested UNANIMOUS CONSENT. SO ORDERED. There were no objections. D-4. Resolution No. 2003-04 -- Declaring the Kenai Coastal Trail and Erosion Protection Project as the Number One Capital Improvement Project Request for U.S. Federal Funds. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-04 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. D-5. Resolution No. 2003-05 -- Awarding the Bid to Kenai Chrysler Center for a Senior Center All-Wheel-Drive Mini-Van for the Total Amount of $28,290. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2003-05 and Councilman Bookey SECONDED the motion. There were no public comments. Councilman Bannock stated a conflict of interest and requested to be excused from the vote. Williams had no objection. VOTE: KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 6 Swamer Yes Moore Yes Porter Yes Bannock Abstain Jackman Yes Williams Yes Yes Bookey MOTION PASSED UNANIMOUSLY. D-6o Continuation of Liquor Licenses -- PROTEST Alaskalanes, Inc. New Peking Eaglechief, Inc. Clerk Freas reported the following: · The statutes allow municipalities to protest the continued operation of biennial liquor licenses. · The three liquor licenses were owing in various amounts to both the borough and the city, i.e. Alaskalanes, Inc. sales/property tax; Eaglechief, Inc. sales, personal property taxes and lease payments; New Peking sales tax (though these were expected to be paid prior to the Borough's deadline). · Kenai Municipal Code requires the council to protest if all obligations to the city/borough are not brought current. Freas requested council to direct letters of protest for the continued operation of the liquor licenses by January 30, 2003 if the accounts are not brought current. MOTION: Councilwoman Porter MOVED to instruct the City Clerk to write letters of protest of the continued operation of the liquor licenses by January 30, 2003 if the amounts are not brought current and Councilwoman Swamer SECONDED the motion. There were no objections. SO ORDERED. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging -- Swamer reported the minutes of the January meeting were included in the packet. She also reported the Senior Connection met and discussed the proposed assisted living facility and was well attended. Another meeting will be held in February. She added, some of those attending asked why the facility would not be built adjacent or added on to the Senior Center and why the city did not want to run it. Williams requested Attorney Gilman be kept informed of the progress in regard to the property. City Manager Snow reported she would be meeting with the borough mayor about the property in the near future. Councilwoman Porter KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 7 stated, the Connection's main focus is to find a project manager and after the position is filled, the project should move forward. F_,-2. Airport Commission -- Jackman noted the minutes of the January 9 meeting were included in the packet. She reviewed the minutes and reported the following actions of the Commission: · Discussed the proposed layout and received comments from ERA employees who are unhappy with the distance their new parking area would be from the terminal in relation to safety. Airport Manager Cronkhite noted, she would be working with the security company prior to the change being made and they will be working with ERA to find a compromise. · A lengthy discussion took place in regard to off-site car rentals. Because there were two commissioners absent and one abstaining, a motion to recommend changing the draft ordinance to charge off-site rental companies a seven percent fee instead of ten percent failed. Direction was requested from council. Williams requested discussion be held on the issue until administration can review it and develop a plan that will be fair to all. Council consensus was for Administration to develop a plan, allow council to review it, and then it will go back to the Commission for their review. It was noted, the ultimate decision on the matter lies with the council. Bookey noted, if the matter would be reviewed again, he wanted to look at it across the board, on-site, off-site, etc. He added, he did not want items forwarded to the Commission to be returned to council and back again because of quorum problems; actions taken should be final. · There have been a number of meetings missed by Commissioner Kleidon. Council requested a letter be sent to Kleidon as to her intentions. · The new artwork from the Kenai National Wildlife Refuge should be placed in the terminal by March 1. Cronkhite will check with the owners of the panels being replaced and ask whether they can be kept and placed in another area of the terminal building. E-3. Harbor Commission -- Bookey reported the minutes of the January 6 meeting were included in the packet. An election of officers was held and Commissioner Thompson and Commissioner Eldridge were re-elected as Chair and Vice-Chair. The Commission also received a brief update of the coast trail project. E-4. Library Commission -- Moore reported the minutes of the January 7 meeting were included in the packet. The Commission tabled the election of officers until their February meeting when a full Commission would be attending. He also reported a visioning session will be held immediately following their February 4 meeting with Phil North moderating it. Moore invited council to attend the session. KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 8 E-5. Parks/is Recreation Commission -- Porter reported the minutes from the January 2 meetin§ were included in the packet. She reviewed the minutes, notin§ the followin§: · The Commission discussed the possibility of using Section 36 properties for the proposed sports complex and suggested Attorney Graves attend their next meeting to discuss it with them. · Discussed the possibility of purchasing additional skateboard park equipment with Daubenspeck funds. · Reviewed the foreclosed properties list and found none to be needed for public use. · Reviewed a concept for updating the Airport Triangle Park and requested an explanation from the Airport Manager as to why the work is going to be done. E-6. Planning/is Zoning Commission -- Bannock reviewed the minutes of the January 8 meeting and noted the following: · Ron Goecke and Phil Bryson were reelected as Chair and Vice-Chair. · A preliminary plat was approved for Lot 12A of Tide View Heights subdivision (Swires Road). · A public hearing was held on a resolution to amend the Land Use Table to change day care centers from a conditional use to a principal permitted use in the General Commercial, Central Commercial and Light Industrial zones. · A short discussion was held in regard to council's conversation related to certified mailing of public notices. The Commission continues to feel certified mailing is unnecessary. Commissioner Nord will be attending her last meeting on January 15. Clerk Freas was requested to write a thank you letter to Nord and indicate council's interest in her reapplying for appointment in the future. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swamer reported a meeting was held on January 14 at which Marilyn Dimmick and Helen Brown were reelected as Chair and Vice-Chair of the Committee. They also discussed flower beds and chose designs for additional banners. Moore suggested some of the banners have ravens in reference to the Arctic Winter Games mascot. Williams also suggested raven designs be added to city street signs. Parks & Recreation Department Director Frates reported he was informed the Games Committee would purchase several banners to be placed throughout the city. E-Th. Kenai Convention/is Visitors Bureau Board -- A written report was included in the packet. ~NAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 9 E-7c. Alaska Municipal League Report -- Williams reported the Alaska Conference of Mayors would be meeting in Juneau in February and he planned to attend. Swarner reported she was appointed as the chair of the AML Land-Use Resources and Economic Development Committee. Teleconferences are planned to discuss goals and priorities, etc. She noted, a sample resolution supporting homeland security has been forwarded and asked if council wanted a resolution in support brought forward at their next meeting. Williams asked if any funding for homeland security efforts had been received. Chief Kopp reported no equipment had been received, but it is expected to be sent. They have been receiving good training, however. Williams requested Snow to prepare a report of what is taking place locally, what our position is, what the direction is being taken, etc. and include it with the resolution when it comes before the council. Swarner added, in reference to the letter she received, it would be best to have the resolution to council in February. Williams suggested a letter of support be sent first and then the resolution be brought forward after administration has time to investigate. The next AML Legislative Committee meeting will be held in April. other council members to attend. Williams invited E-7d. Kenai Chamber of Commerce -- Cherie Brewer reported the Chamber Board was refocusing their efforts, emphasizing mentoring, weekly forums, communication, fundraising and would no longer be leading the city clean-up or the Fourth of July celebration, and suggest the responsibility fall to the city and other service organizations. She also noted, the "Christmas Comes to Kenai" fireworks display will be changed back to the ball fields. ITEM F: MINUTES F-lo Regular Meeting of January 2, 2003 -- Approved by consent agenda. ITEM G: CORRESPONDENCE-- None ITEM H: OLD BUSINESS H-lo Approval-- Commission/Committee Continuation of Terms There were no objections in renewing the terms of the list of commission/committee members included in the packet. Letters noting the renewals were requested to be mailed to the individuals. KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 10 ITEM I: NEW BUSINESS I-1o Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. I-2o Purchase Orders Exceeding $2,500 MOTION: Councilman Bookey MOVED to approve the substitute list of purchase orders exceeding $2,500 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-3o Ordinance No. 1987-2003 -- Amending KMC 23.50.010 to Change the Range of the Police Trainee While Attending the Public Safety Academy at Sitka to a Range 2. Introduced by consent agenda. I-4o Ordinance No. 1988-2003 -- Amending KMC 7.15.050 to Increase the Purchasing Limit Without Competitive Bidding for Construction or Maintenance Projects to $20,000. Introduced by consent agenda. Ordinance No. 1989-2003 -- Increasing Estimated Revenues and Appropriations by $1,900,000 in the Wellhouse No. 4 Capital Project Fund and $950,000 in the Water and Sewer Special Revenue Fund. Introduced by consent agenda. Ordinance No. 1990-2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Day Care Centers From "C" {Conditional Use) to "P" (Principal Permitted Use) in the CG {General Commercial), CC {Central Commercial) and IL {Light Industrial) Zones. Introduced by consent agenda. I-7o Discussion -- Smoking in Restaurants KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 11 Councilwoman Porter noted she had received a number of comments from constituents in regard to the issue and asked if council would want to discuss the matter through an ordinance public hearing. Council comments included: Bookey stated he had not received any calls regarding the issue and didn't want council to make the decision of whether smoking should be allowed or not in restaurants. He added, people have a choice in which restaurant they want to use and the owners have the decision of whether or not to allow smoking. Swarner stated she had received calls about the issue and they were not only residents of Kenai, but others who eat in the establishments. She added, she would like to discuss the issue. · Moore stated he shared Bookey's thoughts and had not received any comments from anyone on the issue. He added, he would not object to discussing the issue if it would come before council as an ordinance. · Porter stated she would support an ordinance being brought forward. She added, she requested Attorney Graves to research other options, i.e. placing a question on the ballot for an advisory vote. Bannock stated he believed the business owners have the right to run their business as they desire. He added, he would be highly reluctant to invoke any new rules on businesses, however he would not object to holding a public hearing. · Jackman stated she had one person discuss the issue with her. She also spoke with business owners and their views were divided. Jackman added, she personally felt such a restriction would be an impact to the businesses and didn't want to impose additional rules on them, however she would like the issue to come back to council. She added, she would not want to limit smoking in bars. Attorney Graves reported the Charter reserves the right to the voters to put this type of question on a ballot and it was petitioned by the voters to place a question on the ballot, it could be an advisory vote; then council could determine whether to bring the issue back as an ordinance. Council consensus was to bring the matter forward as a public hearing, without an ordinance, at the February 5, 2003 council meeting. ITEM J: REPORT OF THE MAYOR -- Mayor Williams reported the following: · Reminded council of the joint work session with the Soldotna City Council at 6'00 p.m. on January 20. Noted the Employee Appreciation Dinner was scheduled for February 1 and Councilwoman Porter stated she would contact the council regarding greeting and donation of door prizes. · The letter to the Division of Elections has been sent. · He attended the Work Force Seminar at Job Service and found it very informative. KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 12 · Contacted Fred Meyer, Wal-Mart and Home Depot and all were aware of the Kmart closing and are reviewing information sent by city in the past. A brief discussion took place in regard to the Kmart closing. Williams noted comments he received from residents indicating a preference for a Wal-Mart. He informed those attending of the Wal-Mart website where one can send a message and request a store be placed in their community. He added, it had been suggested to him several city representatives travel to Arkansas to speak with Wal-Mart representatives. Bookey stated he believed there was plenty of time and a trip was not necessary at this moment. It was also noted, who owns the Kmart building would have a bearing on how fast a new business is able to move into it. ITEM K: ADMINISTRATION REPORTS K-1. City Manager-- City Manager Snow reported the following: · Due to lawbreaking incidences at the airport terminal, it will be closed from 1:30 a.m. to 4'00 a.m. Airport Manager Cronkhite has met with the security people and because there is not enough funding to have several people in the terminal at one time, it is difficult to keep the doors open and be able to watch the whole building at one time. Federal funding has been approved for the purchase of security cameras and the security person will remain in the building during the closure times, but the doors will be locked. Both Chief Kopp and ERA Aviation were involved in the discussions and are in full support. If people are needing to wait in the terminal for a late plane, etc., the guard will work with ERA to accommodate the activity. · She met with Public Works Managers La Shot and Komelis to discuss the implementation of a 4/10 work schedule for their crews on a trial basis. The change in schedule will not be offered to the City Hall Public Works employees at this time. She will report back to council as to how the new schedule is working and whether it will be continued or not. · Referring to comments Senator-Elect Wagoner made during a recent work session regarding inclusion of smaller capital projects on the city's capital improvement project list, La Shot suggested upgrading the cabling/wiring in city buildings at certified level and environmental work in the shop yard. She asked ff council wanted a resolution brought forward to add the projects to the list. · The Administrative reports were included in the packet for council review and questions. Snow was asked to ask other departments whether there were other projects to be added and to bring forward a resolution to add the projects, along with the library expansion being added to the list. Referring to the upcoming budget hearings, Bannock asked the progress of the Boys & Girls Club involvement of the city's recreation programs. Snow reported she had been KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 13 meeting with the Club representatives about merging the teen programs. Because the Club had not replaced their teen coordinator, there had been a delay. However, a new hire was made and the discussions would be continuing. Snow added, in her discussions, the Club's Executive Director has requested copies of grants, etc. relating to the development of the Center's programs and they talked about the establishment of an advisory group in Kenai. The Club will be contacting Councilwoman Porter in this regard. Snow noted, she believed they were making progress with the relationship and asked council to pass on items of interest to her. Bannock asked if the 2003/04 General Fund budget would show any cost savings through the city working with the Club to take on responsibilities. Snow answered, administration is working toward that end, however savings would not be seen until the next budget. Parks & Recreation Director Frates noted, a difference would be seen in this new budget in regard to the operation of the summer youth program. K-2. Attorney-- Attorney Graves reported the following: · He, Finance, and the Fire Department were working toward being Health Insurance Portability & Accountability Act (HIPPA) compliant. He will be in Anchorage on January 27 and 28 to attend a seminar and will be taking leave from January 29 to February 5 (will be in attendance at the February 5 council meeting). K-3. City Clerk -- Clerk Freas reminded council to R.S.V.P. for the employee appreciation dinner and Monday's work session. ITEM L: DISCUSSION L-1. Citizens Micah Johnson, 51835 Pioneer Street Nikiski-- In regard to Wal-Mart encouragement, Johnson stated council may need to be more reserved before giving full endorsement because many of the Wal-Mart stores have a full grocery store included and he wouldn't want to displace other grocery stores in Kenai. He also suggested council may want legal problems Wal-Mart has been involved in researched as well. Johnson also noted smoking is not healthful for children and elderly people and thought should be given to air exchanger rates, dividers, etc. Porter noted it was not the city's choice of who will take over the Kmart property, though the city was actively alerting companies of the current status of the property. KENAI CITY COUNCIL MEETING JANUARY 15, 2003 PAGE 14 L-2. Council Bookey-- No comments. Swarner-- No comments. Moore -- Reminded council of the library's visioning session to be held on February 4 in the council chambers. Porter-- No comments. Bannock -- Thanked council, administration and public for their offerings of sympathy and kindness to him and his family at the recent death of his father. Jackman -- No comments. Williams -- Noted the article included as Information Item No. 5 entitled, World's Best Tool Store in which the Kenai AIH Hardware Store was featured. EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 10:30 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk COUNCI~ POLICY WORK SESSION DF~EMBER 12, 2002 CITY COUNCIL CHAMBERS 7:00 P.M. ITEM 1: EMPLOYEE INSURANCE BENEFITS ITEM 2: SCHEDULE ADDITIONAL WORK SESSIONS TO DISCUSS RRM A _rNTN~? TOPXCS a. Maintenance of roads Water/sewer rates Donations Legislative issues Other Information Included: 11 / 18 / 02 Work Session Notes COUNCIL POLICY WORK SESSION DECEMBER 12, 2002 CITY COUNCIL CHAMBERS 7:00 P.M. MAYOR JOHN J. WILLIAMS, PRESIDING Council present: Staff present: Others: Moore, Bookey, Porter, Swarner, Williams, Jackman and Bannock Freas, Snow, Graves, Komelis, La Shot, Craig, Wichman, Semmens, Feltman, Kebschull, Springer, Kom/ield, Howard, Walden, Coon, Anderson, McNair, Cole, Carter, Padilla, Wilcox, Wanamaker, Carver, Dye S. Wilcox Williams opened the work session at approximately 7:01 p.m. and noted, during a drive from Anchorage to Kenai, rock was being loaded and dumped in the fiver to restore areas washed out by the recent flood. He read in the newspaper there is a national repair permit that allows work to be done without permits and requested Attorney Graves to investigate what permit allows repair and reconstruction after a disaster. After his investigation, Williams requested Graves to prepare a disaster declaration to be submitted to the Governor and then to the federal government. Council also reviewed the draft policy statement prepared by administration. City Manager Snow explained Item 5 to mean the budget would be prepared to fit the level of funding council sets. There were no objections to the statement. ITEM 1' EMPLOYEE INSURANCE BEKEFITS Snow reviewed the memorandum included in the work session packet which outlined the task forwarded to the Health Insurance Review Committee (composed of representatives from each city departmentl and their systematic review of information, discussion of several different health coverage options (cafeteria, self-insurance, joining the Borough, AML or other insurance pool, etc. I. She also noted, she and Finance Director Semmens investigated other municipalities in regard to insurance programs and found in most places, the employee makes at some level of contribution. Snow reported the tasks of the committee were to identify and examine various alternatives to reduce the cost of health insurance premiums to the City; survey and examine various premium payment plans; and identify a premium contribution plan that presents the least objectionable methodology to city employees. The committee also took the information back to their departments and discussed the issues with their co-workers. Snow, Semmens and the committee found they didn't want the majority of the employees to loose ground with their wages through contributions, though it probably will happen to some employees. Through this discussion, they also discussed COLA versus CPI and a general discussion of scenarios that could be structured to balance a COLA with some level of health insurance payment participation by employees. Snow noted, toward the end of the meetings, a lot of feedback was received from employees who were reluctant to pay a contribution toward health insurance without looking at COUNCIL WORK SESSION DECEMBER 12, 2002 PAGE 2 the whole benefit package. Comments from the employees were reviewed more in- depth in Snow's memorandum. Options for employee participation were prepared (included in the packet) and ballots were distributed to all employees. The employees voted on which of two main options for health insurance participation they preferred. They were: 1. All covered employees pay the same contribution amount. 2. The city pays the entire premium for the employee and employees who want dependent care coverage will pay a portion of the premium for dependent coverage. The amount paid would depend upon the level of dependent coverage that is wanted. OR 3. Do not want to participate in choosing the method of employee contribution to health insurance. Snow reported more employees liked Option 2 and quite a number of employees didn't vote. She added, the committee's recommendation was a COLA be budgeted in an amount that will be no less than would bring the wages equal to the CPI and that employees contribute no more than 50% of this year's increased cost of health insurance premiums. To equal the CPI, a COLA would have to be at least seven percent. An employee contribution of no more than 50% of the increased cost from this year would reduce the expected increase in health insurance costs to the city by about $50,000. Sem~ens reviewed the options for Employee Participation Information he prepared and included in the packet, i.e. various contribution rates. It was noted, a seven percent COLA increase equaled approximately $350,000. Porter asked if an increase in the deductible was discussed and Se~m__ens noted the committee did discuss it, but felt the direction of the council was the employees are to contribUte to the plan via a premium contribution. Snow added, the deductible had been raised several years ago and she and Snow felt raising it again should be held in reserve as it may need to be done again in the future. Porter asked, in reviewing other plans, if the deductible was asked in order to average deductibles and Snow answered yes. Different options from other plans were reviewed with the council. Council reviewed a Schedule of COLA vs. CPI distributed during the meeting. It was noted, the city step increases were not included in the table. Bannock asked if it was accurate to state the table did not assume any step increases and Semmens stated it was. Williams stated he didn't feel wages and COLA could be mixed. Snow noted, it was important to remember step increases only go to 10.5 years of employment and there are a lot of long-tenured employees. Porter disagreed COUNCIL WORK SESSION DECEMBER 12, 2002 PAGE 3 with Bannock's co~_m_ent and explained, if that was the case, then no city employee should ever get a COLA increase and that should not be the attitude. Semmens noted, the employees' proposal (employee pays half of this year's increase) would save approximately $50,000. He added, the estimate for insurance would be approximately $405,000 without including PERS, etc. Bookey asked if there are alternatives in regard to the issue. Sernmens answered, in his opinion, council would not have enough information at this time to decide on the insurance issue as he had not yet calculated the revenue picture, the departments' draft budgets had not yet been received and until that process is completed, there is no way to make a determination. Williams suggested verbiage for Item No. 6 of the draft policy statement was to add the committee's consensus for purposes of developing the budget (including a seven percent COLA and insurance as outlined). Semmens noted, he would include in the draft budget a 14% increase in insurance coverage ($116,000), though that number would not be certain. Snow suggested having parameters in the language to develop a plan, i.e. if that will be the highest council would be willing to go. Bookey noted, after ten years of working with the city budget, he did not feel there was any place in the budget in which to take that money without a reduction in employees. Semmens stated administration needed to continue the budget process as it is normally done, looking at everything, and develop the best plan and bring it to council for review. He added, it is helpful if council gives administration direction as to whether to include a COLA increase and factor in a contribution to health insurance. Semmens stated he would like to know if at least four council members want administration to prepare a budget to include a COLA. Bookey stated he was interested in including a COLA but not at a seven percent level. He stated he would want administration to bring what is possible with a COLA. Williams stated he wanted the budget to include a larger COLA as he felt it would be better to increase it as much as possible instead of playing "catch-up.' Council discussed a mi!! rate increase and suggested the city mill rate be increased to match the decreases the borough's mill rate had taken over the last several years. Bannock noted, if the General Fund spending stays the same, the mil! rate is raised .5, and a bond proposition passes (for capital projects discussed previously), it would double the taxes. Semmens stated, there could be a large negative number and still stay within the council's allowable deficit, but it will be challenging to have a "balanced budget." Swarner asked if there had been any discussion about incentives for employees who develop ideas to save money. Semmens stated he likes those types of programs, but COUNCIL WORK SESSION DECEMBER 12, 2002 PAGE 4 wasn't sure the public would as they may believe the employees should be careful with the funds anyway. Swamer asked administration to investigate such a program. Snow noted, though it would be council's decision, she would like a consensus of council to go forward with that issue. There was no consensus. BREAK TAKEN: 8:20 P.M. BACK TO ORDER: 8:30 P.M. ITEM 2: SCHEDULE ADDITIONAL WORK SESSIONS TO DISCUSS REMAINING TOPICS Donations: Council reviewed the donations they make through their Legislative budget and decided the following: · Youth Court -- Administration was requested to contact them and ask if they will be hurt if the city's donation would be cut down or cut out. · United Way -- A letter will be included in the employee's paychecks for the upcoming drive. * ALPAR and flags should be continued and probably shouldn't be considered a donation as there is value received through the programs. Water/sewer rates: Sem~ens noted a rate study is in progress and it probably wouldn't be useful to discuss a change in the rates until the study is completed and received. Williams stated the discussion would then be held until last. Legislative Issues: Council requested Clerk Freas to notify council as soon as suitable dates are received from the Legislators in order for council to meet with them in a work session prior to their leaving for Juneau. Snow reported Public Works Manager Komelis had already forwarded the capital improvement project list. Bookey stated his concern to continue the city's membership with AML. He suggested the city either participate in it more or reconsider the membership. Williams stated his concern that since the city does not have a lobbyist, it is important to continue with the League for the contact through the Legislature. Council was asked if they had any legislative issues of concern: Bannock suggested the city take positions on some statewide issues (school formula, AHFC rate differential if building out of a city limit, etc.). Williams suggested Bannock become a member of the AML Legislative Committee. · Arctic Winter Games -- will they support it? · Capital Improvements -- probably not worthwhile to discuss with the legislators as there probably will not be any funding available for large projects. COUNCIL WORK SESSION DECEMBER 12, 2002 PAGE 5 Williams requested council to forward issues to Clerk Freas for the work session with the area legislators. Other Items: · Williams noted the names being considered as the replacement to Govemor Murkowski as the State's U.S. Senator. He asked council if they had objection to h~r~ writing a letter on behalf of the council supporting Meade Treadwell and council suggested the letter be from him personally. · W~ll~ams reported on his trip to Louisiana through the National Guard. · Williams requested Attorney Graves to develop a resolution for employers' support of Guard and Reserve. The resolution would be signed during a ceremony at a Chamber luncheon in February or March, with members of the Soldotna City Council, members of the Guard and Reserve, etc. · Williams reported Mike Malchalsky is the new chair for the employers' support of the Guard and Reserve in the State of Alaska, as well as the new appointee for statewide airport security. Malchalsky would like to have a meeting with the Airport Manager, Airport Commission and visit the area in the near future. Maintenance of Roads' Council noted funding will not allow any changes in the status quo of maintenance of roads. Williams reminded administration to notify the council when the water/sewer study is completed in order for council to meet again and discuss the possibility of raising the monthly water/sewer charges. The work session ended at approximately 9:07 p.m. Notes prepared by: C'arol L. Freas, City Clerk Z Z 0 r~ o Z o o,~- ~0 n, Z 0 [u )~~ I-.- Z LU I- I-. I- w I- 0 0 0 0 0 0 (D z o ~ ~ n,' 0 0 UJ ILl Z ..J ~. o_ o_ o w m H- Z ul Z o o o o o o o o o o o o o o o o o o o o o I,.. o . 1.0 0 0 0 0 0 0 n,' n,' 0 0 uJ w 0~ 0 0 0 :D D ILl IJJ -r 0 (D ~ D O 0 u. m 0 w ~ 0 z ~ 0 Z ca ~ ~ Z m ,,' ~ z tu 0 n ~ [Z: LU Z Z (/) Z LU ~ ,,, .~ (.'3 Z < ..5 D (.5 - O u.I uJ 0O LLI l-- <C O ~ ~ O >'- LU UJ n,' T' ~ n~ O Z Z Z Suggested by' Administrati. City of Kenai ORDINANCE NO. 1991-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $779.25 IN THE GENERAL FUND FOR DRUG ASSET FORFEITURES. WHEREAS, the City of Kenai received $779.25 from drug asset forfeitures; and, WHEREAS, these funds must be used to purchase law enforcement equipment; and, WHEREAS, these funds will be used as part of the required 10% match of the Alaska Highway Safety grant for the purchase of video cameras. 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: Miscellaneous Revenue $7.79.25 Increase Appropriations: Police Small Tools $779.25 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of February, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (01 / 30 / 2003) hl Introduced: Adopted: Effective: February 5, 2003 February 19, 2003 February 19,.2003 Suggested by: Administra,. City of Kenai OI~DIN~CE NO. 199~-~2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $24,876.90 IN THE GENERAL FUND FOR AN ALASKA HIGHWAY SAFETY GRANT TO PURCHASE VIDEO CAMERAS. WHEREAS, the City of Kenai has received an Alaska Highway Safety Grant for $24,876.90 for the purchase of video cameras and related equipment for police patrol vehicles; and, WHEREAS, the grant requires a 10% match; and, WHEREAS, the Police Department Small Tools account has adequate funding to provide the match. 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 Grant $24.876.90 Increase Appropriations: Police Department Small Tools $24~876.90 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of February 2003. ATTEST: Carol L. Freas, City Clerk Approved by Finance' (01 / 30 / 2003} hl JOHN J. WILLIAMS, MAYOR Introduced: Adopted: Effective: February 5, 2003 February 19, 2003 February 19, 2003 Memo Linda Snow, City Manager Fron~ Chuck Kopp, Chief of Police CC: Larry Semmens, Finance Director Date:, 1/29/03 Alaska Highway Safety Grant & Request for Ordinance Increasing Revenues The Alaska Highway Safety Office (AHSO) has approved our grant application for digital mobile video cameras in patrol vehicles. This grant will provide $24,876.90 for the purchase of 10 video cameras, 10 camera memory sticks (for still photos), 2 memory stick readers, a digital storage hard drive, DVC to VHS copier, camera printer, and printer paper. This equipment will greatly improve documentary evidence on DWI arrests. The Kenai Police Department made 142 arrests for DWI in 2002. Alcohol was a factor in 20 crashes resulting in sedous injuries to 11 people and 17 DWI arrests. State law for presumption of intoxication is .08-breath alcohol concentration. The average B.A.C. for the responsible drivers was .201. Currently, the Kenai Police Department uses aging VHS-C mobile video cameras purchased in 1995 under an AHSO grant. The cameras have seen heavy use in all weather conditions and are increasingly prone to malfunctions and damage, thus failing to capture critical evidence in DWI investigations. Two of our cameras have been damaged beyond repair. The total grant request is $27,461.00. $24,876.90 is federally funded (90%), with the City being responsible for a match of $2,764.10. The match will come from our existing budget. AHSO notified Kenai Police Department on 01/23/03 that Congress had not yet approved federal funding for state highway safety projects, but that full funding was expected within the next couple months. On 01/29/03 Kenai Police Department received a Notice to Proceed authorization from AHSO for purchase of 50% of the original equipment request. This authorizes our department to spend up to $12,500 on equipment as outlined in the Project Agreement (See attached). AHSO will reimburse our expenditures immediately on receipt of invoice from the City. AHSO intends to fully fund our Project Agreement upon their receipt of federal funds. If this meets with your approval, please forward this to the Finance Department for an ordinance increasing appropriations to the Police Small Tools 21.2024account, in the amount of $12,500.00. KENAI PENINSULA EIOROUGH 144 N. BINKLEY~ SOLDOTNA, ALASKAo 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 January 14, 2003 . DALE BAGLEY MAYOR Kenai City Council 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611 Dear City Council Members: Vacate the westerly 3-foot portion of the 33-foot access easement to accommodate the existing building, all within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File 2003-005; Location: City of Kenai In accordance with AS 29.40.140, no vacation of a city fight-of-way and/or easement may be made without the consent of the city council. The Planning Commission approved the referenced vacation during their regularly scheduled January 13, 2003 meeting. This petition is being sent to you for your consideration and action. The City Council has 30 days from January 13, 2003 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. MJB:ha Sincerely, Max J. Bes~ Planning Director Attachments CC' David Yragui w/minutes only Scott McLane w/minutes only AGENDA ITEM F. PUBLIC HEARINGS , Vacate the westerly 3-foot portion of the 33-foot access easement to accommodate the existing building, all within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and' the Kenai Peninsula Borough; KPB File 2003-005; Location: City of Kenai Staff report as read by Max Best. PC Meeting 1/13~2003 Purpose as stated in petition: Fabrication building encroaches within 3-feet of right-of-way proposed for vacation. Petitioner: David Yragui of Kenai, Alaska Public notice appeared in the December 26, 2002 and January 2, 2003 issues of the Peninsula Clarion. Sixteen (16) certified mailings were sent to owners of property within 300 feet of the parcels; fifteen (15) of the receipts have been returned. Twelve (12) regular mailings were sent to agencies and interested parties; nine (9) notices were sent to KPB Departments. Three (3) notices were posted in public locations. The notice and maps were posted on the Borough web site. Statement(s) of non-obiection Alaska Communications Systems Homer Electric Association Staff discussion A vacation of the entire westerly 3-feet of Candlelight Drive adjacent to this subdivision was approved by the Planning Commission on August 26, 2002. The Kenai Planning and Zoning Commission had reviewed the plat; they recommended approval of the plat subject to approval of the vacation. The Kenai City Council had 30 days after the KPB Planning Commission approval in which to veto the approval. The Kenai City Council vetoed the Planning Commission's approval during their September 18, 2002 meeting. The owner and surveyor have brought a revised vacation request back to the Borough Planning Commission. They have submitted the petition with new information that the City Council will be amenable to the reduced vacation request. KPB 20.28.110(B) states that no reapplication concerning the same vacation may be filed within one calendar year of the date of final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. Findings' 1. This vacation petition does not request the same vacation as the original; the new petition now requests only that amount necessary to accommodate the existing structure. 2. Information has been provided to the applicant that the City Council may have a new policy of retaining the full 33-foot dedications wherever possible. 3. The remaining right-of-way complies with City and Borough minimum right-of-way widths. 4. Sufficient rights-of-way exist to serve the surrounding properties. 5. No surrounding properties will be denied access. 6. If approved, the Kenai City Council will have 30 days to veto the vacation. 7. Two utility companies have provided a letters of non-objection. 8. The preliminary plat, showing the vacation of the entire westerly 3-foot portion was approved by City and Borough, subject to vacation approval. 9. The preliminary plat was a conceptual design, and a lesser amount of vacation would not change the design concept. 10. The plat will be reviewed and granted final approval based upon vacation approval. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacations as KENAI PENINSULA BOROUGH PLANNING COMMISSION JANUARY 13, 2003 MEETING UNAPPROVED MINUTES PAGE 20 petitioned, subject to: . Submittal of a final plat within one of vacation approval. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAi PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT Chairman Bryson opened the meeting for public comment. Scott McLane, 38240 Kenai Spur Highway Mr. McLane said he was representing the petitioner. The Planning Commission approved a petition to vacate the entire three feet of the easement late last year; however, the Kenai City Council objected to this vacation. He believed the Council would be in agreement to this proposal. He asked the Commission to approve the vacation request. Seeing and hearing no one else wishing to comment, Chairman Bryson closed the public hearing and opened discussion among the Commission. Chairman Bryson commented that the Kenai Planning & Zoning Commission concurred with the proposed vacation. MOTION: Commissioner Johnson moved, seconded by Commissioner Hutchinson, to accept and adopt Findings 1-10 and approve the vacation as petitioned. Findings' 1. This vacation petition does not request the same vacation as the original; the new petition now requests only that amount necessary to accommodate the existing structure. 2. Information has been provided to the applicant that the City Council may have a new policy of retaining the full 33-foot dedications wherever possible. 3. The remaining right-of-way complies with City and Borough minimum right-of-way widths. 4. Sufficient rights-of-way exist to serve the surrounding properties. 5. No surrounding properties will be denied access. 6. If approved, the Kenai City Council will have 30 days to veto the vacation. 7. Two utility companies have provided a letters of non-objection. 8. The preliminary plat, showing the vacation of the entire westerly 3-foot portion was approved by City and Borough, subject to vacation approval. 9. The preliminary plat was a conceptual design, and a lesser amount of vacation would not change the design concept. 10. The plat will be reviewed and granted final approval based upon vacation approval. VOTE: The motion passed by unanimous consent. BRYSON BOSCACCI CLARK GROSS HOHL HUTCHINSON ISHAM YES YES YES YES ABSENT YES YES JOHNSON MARTIN PETERSEN TAURIAINEN TROEGER VACANT SEAT 11 YES YES YES YES YES YES HOMER CITY 1 ABSENT 1 VACANT SEAT KENAI PENINSULA BOROUGH PLANNING COMMISSION JANUARY 13, 2003 MEETING PAGE 21 '0 0 /. '.LS ~VINIJ "dO I~lfl'l'lO0 '_]~_ )NINIH:) 'N'I O00MNI1 i '~S sgl~vr '.IS NHOb'~A AllO0 MEMO NDUM DATE: December 10, 2002 TO' Mary Toll THRU: FROM' RE: Dan Bevington~ Jennifor Es k~~,~ KPB 2003-005; Vacation Petition; David Yragui; Kenai Kenai Peninsula Borough Coastal Management Program (KPBCMP) staff reviewed the vacation petition submitted by Mr. David Ymgui of Kenai, Alaska. The petitioner has requested to vacate the westerly 3' portion of the 33' access easement to accommodate the existing building located in TO6N R 11W S34, Seward Meddian, within the City of Kenai. The existing fabrication building encroaches within 3' of right-of-way proposed for vacation. Upon our review, staff finds no objection to the proposed vacation. Thank you for the opportunity to comment. 148-1 :l lllll ' fllll I ] d ,I d uJ 14~.~' N 00'~:)~'01" I.U d N 00'00'01" UJ PENINS~ CLARION KENAI PENINSULA BOROUGH PLANNING COlVIMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate a 3-foot portion of a 33- foot public access easement associated with Govemment Lots 51 and 61 within the city of Kenai. Area under consideration is described as follows: Location and request: Vacate the westerly 3-foot portion of the 33-foot access easement to accommodate the existing building, all within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2003-005 Be Purpose as stated in petition: Fabrication building encroaches within 3-feet of right-of-way proposed for vacation. Ce Petitioner(s): David Yragui of Kenai, Alaska. Public headng will be held by the Kenai Peninsula Borough Planning Commission on Monday, January 13, 2003 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Assembly Chambers of the Kenai Peninsula Borough, 144 N. Binkley Street, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mar~ Toll or S~via Vinson-Miller, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street- Soldotna, Alaska 99669. Written testimony should be mc~ivt~l by the Planning I~partment no later than W~ln~,d~y Januar~ 8, 2005 [written comments may also be sent by Fax to 907-262-8618] If the Planning Commission approves the vacation, the Kenai City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commission must be taken within 30 days to the Superior Court at Kenai, Alaska pumuant to Part VI of the Alaska Rules of ^pl~llate P~um. For additional information contact Mary Toll or Sylvia Vinson-Miller, Planning Department, 262- 4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Mary Toll ~ Platting Officer PUBUSH 2X (Thursdays, ~ber 26, 2g02 and Januay 2, 2[XI3) CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 23, 2002- 7:00 P.M. VICE-CHAIR PHIL BRYSON, PRESIDING MINUTES ITEM 1' CALL TO ORDER Vice-Chair Bryson called the meeting to order at 7:04 p.m. 1-a. Roll Call Roll was confirmed as follows' Commissioners Present: Commissioners Absent: Others Present: Glick, Nord, Bryson, Osborne, Tunseth Amen, Goecke City Planner Kebschull, Department Assistant Harris 1-b. AEenda Approval MOTION: Commissioner Glick MOVED to approve the agenda as presented and requested UNAI~I~OUS CONSENT. Commissioner Tunseth SECONDED the motion. There were no objections. SO ORDERED. 1 Consent AEenda MOTION: Commissioner Glick MOVED to approve the consent agenda as presented and requested UN~OUS CONSENT. Commissioner Tunseth SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- October 9, 2002 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None ITEM 4: CONSIDERATION OF PLATS: PZ02'62 - Preliminary Plat- Yragui Subdivision - A re-subdivision of Government Lots 51, 42, and 61 & Vacation of 3' Candlelight Right-of-Way. Plat submitted by McLane Consulting Group, P.O. Box 468, Soldoma, AK 99669 Kebschull reported administration had no objections to the new plat. MOTION: Commissioner Osborne MOVED to approve PZ02-62 and Commissioner Nord SECONDED the motion. The Commissioners briefly discussed the new plat and no objections were stated. Bryson noted the new plat addressed previous trespassing concerns. VOTE: There were no objections. SO ORDERED. MOTION: · Commissioner Tunseth MOVED to recommend council approve the three-foot variance as requested. Commissioner Glick SF~O1K)ED the motion. There were no objections. SO ORDERED. ITEM 5' PUBLIC HEARINGS PZ02-64--A resolution of the Planning and Zoning Commission of the City of Kenai recommending to the Council that KMC 14.20.220(c)(M) be amended to limit the use of sandwich board signs from May 1 to September 15. Kebschull stated she received no complaints regarding sandwich board signs and Nord stated she viewed limiting the use of the signs as unnecessary. Tunseth stated he could see some logic in amending the code as it was possible abandoned signs could become a nuisance in the winter. MOTION: Commissioner Osborne MOVED to approve PZ02-64 and Commissioner Glick SECONDED the motion. VOTE: Tunseth Yes Nord Glick Yes Bryson Goecke Absent No Yes Osborne Amen No Absent MOTION FAK,ED. PLANNING & ZONING COMMISSION OCTOBER 23, 2002 PAGE 2 STAFF REPORT ,ill To: Planning & Zoning Commission Date: May 6, 2002 Res: PZ02-62 GENERAL INFORMATION Applicant: McLane Consulting Group P.O. Box 468 Soldotna, AK 99669 283-4218 Requested Action' Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Preliminary Plat Yragui Subdivision - A Resubdivision of Government Lots 51, 42, and 61 & Vacation of 3' Candlelight Right-of-Way 8879 Kenai Spur Highway, 8847 Kenai Spur Highway, 601 Candlelight Drive, and 1 21 3 Aiiak Drive 04510001, 04510002, 04510004, and 04510006 CG- General Commercial and RS- Suburban Residential Commercial/Vacant General Commercial - Medium Density Residential ANALYSIS This is a revised preliminary plat of a previously reviewed subdivision. When the Commission reviewed the first plat, the plat was approved contingent upon the vacation approval. The Borough's Planning Commission approved the original configuration. With the recommendation of the City's Planning Commission, the K enai City Council vetoed the vacation of a three-foot section from the Kenai Spur Highway to Aliak Drive. It was felt that the vacation request was excessive. This plat proposes to vacate a three-foot section of the right-of-way along Candlelight Drive. The vacation is limited to the portion of Candlelight that lies under the footprint of an existing structure. The revised plat, with the limited vacation, will decrease the lot sizes along Candlelight Drive. 0262 Comment.doc Page 2 When the plat was first reviewed, it was noted that the street-names were incorrect. Administration recommended correcting the street names on the final plat; however, the incorrect suffix was noted. The street name should be corrected from Aliak Street to Aliak Drive. City Engineer: Recommend minimum vacation to eliminate the building encroachment. Buildinq Official- This replat would resolve the fuel storage structure's building code issues. RECOMMENDATIONS Because the plat includes a vacation request, recommend the Commission make recommendations for both the plat and the vacation. Street name should be corrected from Aliak Street to Aliak Drive. approval of the plat contingent upon the vacation being approved. Recommend It appears the vacation request is reasonable. approved. Recommend the vacation be ATTACHMENTS' I · Resolution No. PZ02-62 Preliminary Plat Frank H. Murkowski, Govern~ Division of Community and Business Development P.O. Box 110809, Juneau, AK 99811-0809 Telephone' (907) 465-2012 · Fax: (907) 465-3767 · Text Telephone: (907) 465-5437 Email' GoNorth@dced.state.ak.us · Website: www. dced.state.ak.us/cbd/ The-Honorable John Williams Mayor City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 January 23, 2003 RE: FY 03 SHARED FISHERIES BUSINESS TAX PAYMENT FY 03 FISHERY RESOURCE LANDING TAX PAYMENT Dear Mayor Williams' I am pleased to provide you with the City of Kenai's FY 03 Shared Fisheries Business Tax and Fishery Resource Landing Tax payments in the amount of $4,029.23. Following is a breakout of your municipality's payments: Shared Fisheries Business Tax Payment Fishery Resource Landing Tax Payment $3,616.23 $413.00 These payments must be used to help reduce the effect of fisheries business activities on your municipality, which may include the expenses of any municipal service. Should you have any questions regarding these payments, please call me at 465-4733. Sincerely, · · 'BillRolfzep /// Program A~.m/fiistrator "Promoting a healthy economy and strong communities" We try harder.® January 20, 2003 Mr. John Williams, Mayor City of Kenai 210 Fidalgo Avenue, #200 RECEIVED ; JAN 2 I 2003 Kenai, Alaska 99611 !(.., ": ' A! C' ITY---'-C LE Reference' Proposed Ordinance Pertaining to Off Ai Alaska Rent A Cv ~Z(~~ Avis System Licensee P.O. Box 190028 Anchorage, Alaska 99519-0028 Tel: (907) 243-4300 Fax: (907) 249-8247 E-mail: avisak@ alaska.net Car Rental Operations The Honorable Mayor Williams' We understand there has been dialogue and contemplation of a proposed ordinance establishing an off airport vehicle permit system for off airport car rental operators wishing to conduct business on the Kenai Airport. We have reviewed a copy of the ordinance and proposed Municipal Code 21.05.045 and would like to take this opportunity to address this issue. We are in favor in concept of this ordinance for the following reasons' 1. This provides an additional source of revenue to the City 2. It levels the playing field among on and off airport operations 3. It increases the real value of the current 4 non-exclusive-on-airport car rental concessions. By allowing off airport' operators to conduct business from, or in some cases in, the airport without paying fees the City actually minimizes the worth of the current leases it has with its on airport operators. From information gleaned from the Dec. 18, 2002, City Council Meeting it is quite apparent that the Great Alaska Car Company regularly conducts business on the airport terminal. If the City of Kenai is aware of this practice then why do the current on airport car rental companies pay the "concession fee: for the privilege of conducting on- airport automobile rental operations at the airport" (Page 2 of 5, original bid documents for current iease) and off airport operators pay nothing. Through the competitive bidding process AVIS agreed to operate at the Kenai Airport by a specific set of rules and requirements set forth by the City of Kenai. These requirements range from paying 10% of our gross fees, renting counter space, providing insurance indemnifying the City, and committing to a minimum annual guarantee regardless of gross revenue. If the City is aware that other car rental companies have free access to enjoy all the benefits derived from business funneled through the airport without meeting these requirements then we suggest that the City has failed to uphold the terms of its lease and is also placing themselves in jeopardy with public liability issues. -1- Page 2 The proposed municipal code puts in place a tool to level the playing field. The State's largest airport already charges fees to off airport car rental operations for the right to access customers at the airport. We applaud the City's effort to follow suit. The language in Section A and F of KMC 21.05.045 needs to be changed. The Code as written would allow an off-airport agency to operate on airport by simply leaving the key and car at the airport for the customer pick up. What distinguishes that from the on- airport operator? Off airport operators should be allowed to have access to the airport infrastructure, pay fees for that right, but not be allowed to operate their business from the airport. The airport has an obligation to its tenants. We feel the proposed ordinance/code with suggested modifications is a step in the right direction. Sincerely, AVIS/ALASKA ~erai Manager 'cm cc Rebecca Cronkhite, Kenai Airport Manager 23-LS002, HOUSE BILL NO. 4 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY-THIRD LEGISLATURE- FIRST SESSION BY REPRESENTATIVE CRAWFORD Introduced: 1/21/03 Referred: Labor and Commerce, State Affairs, Finance 10 11 12 13 14 15 A BILL FOR AN ACT ENTITLED "An Act relating to publicly owned correctional facilities." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: AUTHORIZATION TO LEASE CORRECTIONAL FACILITY SPACE WITH MUNICIPALITIES. (a) To relieve overcrowding of existing correctional facilities in the state and the extensive use of out-of-state correctional facilities, the Department of Corrections may enter into agreements with the following municipalities for new or expanded correctional facilities: (1) Fairbanks North Star Borough - expansion of existing facility by up to 100 beds; beds; beds; (2) Matanuska-Susitna Borough- expansion of existing facility by up to 370 (3) City and Borough of Juneau - expansion of existing facility by up to 64 HB0004a -1- HB 4 New Tex~ Underlined [DELETED TEXT BRACKETED] 10 11 12 13 14 15 16 17 18 19 20 23-LS0020L4~ (4) Bethel - expansion of existing facility by up to 96 beds; (5) Ketchikan Gateway Borough - expansion of existing facility by up to 100 beds or construction of new facility with up to 100 beds; (6) Seward- expansion of existing facility by up to 150 beds; (7) Kenai Peninsula Borough - expansion of existing facility by up to 256 beds. (b) conditions: The authorizations given by (a) of this section are subject to the following (1) the average capital cost for all beds may not exceed $155,000 a bed, adjusted for inflation at the rate of three percent a year from the effective date of this Act; (2) if construction of a new facility is authorized, the municipality shall own the facility, and the state may enter into a long-term lease not to exceed 20 years with the municipality to operate the facility; the annual lease payment for a new facility may not exceed $16,700 a bed; (3) if expansion of an existing facility is authorized, the state shall enter into a joint ownership agreement with the municipality of the expanded facility, enter into a long- term lease not to exceed 20 years of the municipality's interest in the facility, and operate the facility; payments under the lease may not exceed the amount listed in (2) of this subsection; (4) the agreement to lease must contain terms providing that the commissioner of corrections may terminate for cause any contract for operating the facility. HB 4 -2- New Text Underlined [DELETED TEXT BRACKETED] HB0004a Cook Inlet Multiple Sale DEiS Public Hearings Public hearings will be held to receive comments on the draft ElS. The hearings will provide us with additional information that will help in evaluating potential effects of the leasing program. · Anchorage at the MMS Alaska Region Office, 949 East 36th Avenue, 3rd Floor, January 16, 2003 from 4-6:30 p.m. · Seldovia on January 21, 2003 at the Seldovia Community Center's Multi-Purpose Room from 7-9 p.m. · Homer on January 23, 2003 at the Homer City Council Chambers, 491 E. Pioneer Way from 7-9 p.m. · Kenai/Soldotna on January 25, 2003 at the Kenai Merit Inn, 260 South Willow St. from 11 a.m. to 1 p.m. Please note the change in the date and time of this public hearing from the date and time listed in the Notice of Availability published in the Federal Register. · Teleconference hearing on January 28, 2003 from 4-6:30 p.m. to receive additional comments. If you want to testify, call 1-800-764- 2627 on January 28 between 4 and 6:30 p.m. This is a toll-free number and there, is no charge to the caller. To Request a Copy of the DEIS The DEIS is available for public inspection between the hours of 7:45 a.m. and 4:30 p.m., Monday through Friday at: Minerals Management Service, Alaska OCS Region, Resource Center, 949 East 36th Avenue, Room 330, Anchorage, Alaska 99508-4363, telephone: (907) 271-6070 or (907) 271-6621 or toll free at 1-800-764-2627. You may look at copies of the draft ElS at several libraries, including those listed on the reverse side of this page. In addition, to request a copy of the draft ElS write or call the Minerals Management Service at the address or phone numbers listed above or by emaii at akwebmaster@ mms.gov. The DEIS is available on CD-ROM, two-volume paper copy, or on the MMS webpage at http://www.mms.gov/alaska Send written comments on the draft ElS by F~;~03, to the MMS ,,.\[~laska OCS Region, 949 East 36t" Avenue, Fr6'6"~m~"~~orage, AK 99508- 4363; submitted via e-mail to AKEIS@mms.gov; or hand delivered to the above address. Please call MMS at 907-271-6070 or toll-free at 1-800-764-2627 if you have additional questions. Alaska Pacific University, Academic Support Center Library, 4101 University Drive, Anchorage, AK Alaska Resources. Library and Information Service (ARLIS), U.S. Department of the Interior, 3150 C Street, Suite 100, Anchorage, AK Alaska State Library, Government Publications, State Office Building, 333 Willoughby, Juneau, AK Anchor Point Public Library, 73405 Milo Fitz Avenue, Anchor Point, AK 99556 Canadian Joint Secretariat Librarian, Inuvikon NT, Canada Chiniak Public Library, 42650 Chiniak Highway, Chiniak, AK 99615 Department of Indian and Northern Affairs, Yellowknife, NT, Canada Fairbanks North Star Borough, Noel Wien Library, 1215 Cowles Street, Fairbanks, AK Halibut Cove Library, Halibut Cove, AK 99603 Homer Public Library, 141 W. Pioneer Avenue, Homer, 99603 Jessie Wakefield Memorial Library, 207 Spruce Drive, Port Lions, AK 99550 Johnson Memorial Library, 319 Lower Mill Bay Road, Kodiak, AK 99615 Juneau Public Library, 292 Marine Way, Juneau, AK Kachemak Bay Campus Library, 533 Pioneer Avenue, Homer, AK 99603 Kasilof Public Library, Mile 110 Sterling Highway, Kasilof, AK 99610 Kenai Community Library, 163 Main Street Loop, Kenai, AK 99611 Kenai Peninsula College Library, 34820 College Drive, Soidatna, AK 99669 King Cove Community School Library, King Cove, AK 99612 Kodiak College Library, 117 Benny Benson Drive, Kodiak, AK 99615 Nanwalek Elementary/High School Library, Nanwalek, AK 99603 Ninilchik Community Library, 15850 Sterling Highway, Ninilchik, AK 99639 North Slope Borough School District, Library/Media Center, Barrow, AK Northern Alaska Environmental Center Library, 218 Driveway, Fairbanks, AK Old Harbor Library, Three Saints Avenue, Old Harbor, AK 99643 Ouzinkie Tribal Media Center, 110 Third Street, Ouzinkie, AK 99644 Port Graham Elementary/High School Library, Port Graham, AK 99603 Sand Point School Library, Sand Point, AK 99661 Seldovia Public Library, 260 Seldovia Street, Seldovia, AK 99663 Soldatna Public Library, 235 Binkley Street, Soldatna, AK 99669 U.S. Army Corps of Engineers Library, U.S. Department of Defense, Elmendorf Air Force Base, Anchorage, AK U.S. Environmental Protection Agency, Region 10 Library, 1200 6th Avenue, OMP-104, Seattle, WA U.S. Fish and Wildlife Service Library, 1011 East Tudor Road, Anchorage, AK University of Alaska Anchorage, Consortium Library, 3211 Providence Drive, Anchorage, AK University of Alaska Fairbanks, Elmer E. Rasmuson Library, Government Documents, 310 Tanana Drive, Fairbanks, AK University of Alaska Fairbanks, Geophysical Institute, Government Documents, Fairbanks, AK University of Alaska Fairbanks, Institute of Arctic Biology, 311 Irving Building, Fairbanks, AK University of Alaska, Southeast, 11120 Glacier Highway, Juneau, AK Valdez Consortium Library, 200 Fairbanks Street, Valdez, AK Z. J. Loussac Library, 3600 Denali Street, Anchorage, AK Federal Register / Vol. 67, No. 238 / Wednesday, December 11, 2002 / Notices 76189 Nonetheless, all of the petitioner's 317 assistance meeting will be held within current members, have satisfied the 60 days of the first such request. The petitioner's own criteria for proceedings of this meeting shall be on membership: 202 have a direct ancestor the record. The meeting record shall be listed on the 1910 census of the available to any participating party and Schaghticoke reservation, and the will become part of the record remaining 115 individuals descend from considered by the Assistant Secretary in Joseph D. Kilson (110) or from Julia M. reaching a final determination Kilson (and her husband Truman (83.10(i)(2)). Office, Portland, Oregon, thirty (30) calendar days from the date of this publication. Willamette Meridian Oregon T. 9 S., R. 13 E., accepted November 15, 2002 A copy of the plat may be obtained from the Oregon State Office, Bureau of Bradley) (5), who descend from the Parmelia (Mauwee) Kilson, and thus by tradition from Gideon Mauwee. More importantly, the petitioner's descent from Schaghticoke Indians of the early 1800's, as identified by the State records, is well documented. While the exact "blood-line" connections to the previous generations in the 1700's are less sure, there is more than enough evidence to show the reasonable likelihood of the connection as well. Therefore, based on the evidence available at this time, the petitioner has demonstrated that it descends from the historical Schaghticoke tribe as identified by the State in the early 1800's and therefore meets the requirements of criterion 83.7(e). The petitioner meets the requirements of criterion 83.7(d) because it has submitted a governing document, including a description of its membership criteria, criterion 83.7(fj because its members are not enrolled with federally recognized tribes, and criterion 83.7(g) because the group or its members have not been the subject of congressional legislation which has expressly terminated or forbidden the Federal relationship. The evidence available for this proposed finding demonstrates that the Schaghticoke Tribal Nation does not meet all seven criteria required for Federal acknowledgment. In accordance with the regulations, failure to meet any one of the seven criteria requires a determination that the group does not exist as an Indian tribe within the meaning of Federal law (83.6(c), 83.10(m)). A copy of this proposed finding, which summarizes the evidence, reasoning, and analyses that are the basis for decision is available upon written request (83.10(h)). D~_tring the comment period, the Assistant Secretary shall provide technical advice concerning the proposed finding (.83.10(i)(i)). Under the court-approved agreement any interested party, including any parties or amici curiae to the litigation, who wishes to request a formal on-the-record technical assistance meeting under 25 Parties to the litigation have six Land Management, 333 SW. 1st Avenue, months from the service of the proposed Portland, Oregon 97204, upon required finding to provide comments, payment. A person or party who wishes documents and arguments on the proposed finding to the Department. Interested and informed parties who are not also parties to the litigation have 180 days from the date of publication of this notice in the Federal Register to provide comments to the Department. Comments on the proposed finding should be submitted in writing to the Office of the Assistant Secretary-- Indian Affairs, 1849 C Street, NW., Washington, DC 20240, Attention: Branch of Acknowledgment and Research, Mail Stop 4660-MIB. The petitioner and all interested and to protest against a survey must file with the State Director, Bureau of Land Management, Portland, Oregon, a notice that they wish to prntest. For further information contact: Bureau of Land Management (333 S.W. 1st Avenue), P.O. Box 2965, Portland, Oregon 97208. Dated: November 20, 2002. Robert D. DeViney, Jr., Branch of Realty and Records Services. [FR Doc. 02-31192 Filed 12-10-02; 8:45 am] BILLING CODE 4310-33-P informed parties commenting on the proposed finding must provide copies of DEPARTMENT OF THE INTERIOR their comments to all parties and amici curiae to the litigation at the same time. The addresses of the petitioners, parties and amici curiae are available from the Department upon request. The petitioner shall file any reply to these comments with the Department within 30 days of the close of the comment period. After consideration of the written arguments and evidence submitted during the comment period and the petitioner's response to the comments, the AS-IA will make a final determination regarding the petitioner's Minerals Management Service Outer Continental Shelf (OCS), Alaska OCS Region AGENCY: Minerals Management Service, Interior. ACTION: Notice of the availability of the draft environmental impact statement (ELS) for proposed oil and gas lease sales in Cook Inlet, Alaska. SUMMARY: MMS announces the availability of the draft ElS prepared by status within four months of the end of MMS for proposed OCS Lease Sales 191 the petitioner's reply period and publish and 199 offshore Cook Inlet, Alaska. notice of this final determination in the DATES: Comments on the draft EIS are Federal Register. due February 11, 2003. Public hearings will be held in Alaska: Anchorage, Dated: December 5, 2002. Neal A. McCaleb, Assistant Secretary--Indian Affairs. [FR Doc. 02-31229 Filed 12--6-O2; 3:18 pm] DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR-957-00-1420-BJ: GP03-0032] Filing of Plats of Survey: Oregon/ Washington AGENCY: Bureau of Land Management. ACTION: Notice. CFR 83.10(j)(2), must make their request SUMMARY: The plat of survey of the not later than 30 days after service of the following described lands is scheduled proposed finding. A formal technical to be officially filed in the Oregon State January 16, 2003; Seldovia, January 21; Homer, January 23; Soldotna/Kenai, January 24; telephone call-in to MMS Anchorage, January 28. SUPPLEMENTARY INFORMATION'. This draft EIS assesses two sales in the Proposed Final 2002-2007 5-Year Oil and Gas Leasing Program for the Cook Inlet OCS Planning Area. Sale 191 is scheduled for 2004 and Sale 199 for 2006. Federal Regulations (40 CFR 1502.4) suggest analyzing similar or like proposals in a single EIS. The proposal analyzed for each sale is to offer 517 whole or partial lease blocks in the Cook Inlet OCS Planning Area, covering about 2.5 million acres (about 1 million hectares). The proposed sale area is seaward of the State of Alaska submerged lands boundary, extending from 3 miles to 76190 Federal Register / Vol. 67, No. 238 / Wednesday, December 11, 2002 / Notices approximately 30 miles offshore and to water depths more than 650 feet. It extends fi`om below Kalgin Island south to approximately Shuvak Island. EIS availability: Persons interested in reviewing the draft EIS "OCS EIS/EA, MMS 2002-065" (Volumes I and II) can contact the MMS Alaska OCS Regional Office. The documents are available for public inspection between the hours of 7:45 a.m. and 4:30 p.m., Monday through Friday at: Minerals Management Service, Alaska OCS Region, Resource Center, 949 East 36th Avenue, Room 330, Anchorage, Alaska 99508-4363, telephone: (907) 271-6070 or (907) 271-6621 or toll free at 1-800- 764-2627. Requests may also be sent to MMS at akwebmaster~mms.gov. You may obtain single copies of the draft EIS, the Executive Summary, or a CD/ ROM version, from the same address. You may also look at copies of the draft EIS in the following libraries: Alaska Pacific University, Academic Support Center Library, 4101 University Drive, Anchorage, Alaska; Alaska Resources Library and Information Service (ARLIS), U.S. Department of the Interior, 3150 C Street, Suite 100, Anchorage, Alaska; Alaska State Library, Government Publications, State Office Building, 333 Willoughby, Juneau, Alaska; Anchor Point Public Library, 73405 Milo Fitz Avenue, Anchor Point, Alaska; Canadian Joint Secretariat Librarian, [nuvikon NT, Canada; Chiniak Public Library, 42650 Chiniak Highway, Chiniak, Alaska; Department of Indian and Northern Affairs, Yellowknife, NT, Canada; Fairbanks North Star Borough, Noel Wien Library, 1215 Cowles Street, Fairbanks, Alaska; Homer Public Library, 141 West Pioneer Avenue. Homer, Alaska; Jessie Wakefield Memorial Library, 207 Spruce Drive, Port Lions, Alaska; Johnson Memorial Library, 319 Lower Mill Bay Road. Kodiak. Alaska; Juneau Public Library, 292 Marine Way, Juneau, Alaska; Kachemak Bay Campus Library, 533 Pioneer Avenue. Homer, Alaska; Kasilof Public Library, Mile 110 Sterling Highway, Kasilof, Alaska; Kenai Community Library, 163 Main Street Loop, Kenai, Alaska; Kenai Peninsula College Library, 34820 College Drive, Soldotna, Alaska; Kodiak College Library_, 117 Benny Benson Drive, Kodiak. Alaska; Ninilchik Community Library, 15850 Sterling Highway, Ninilchik, Alaska; North Slope Borough School District. Library/Media Center, Barrow, Alaska; Northern Alaska Environmental Center Library, 218 Driveway, Fairbanks, Alaska; Old Harbor Library, Three Saints Avenue, Old Harbor, Alaska; Ouzinkie Tribal Media Center, 110 Third Street, Ouzinkie, Alaska; Seldovia Public Library, 260 Seldovia Street, Seldovia, Alaska; Soldotna Public Library, 235 Binkley Street, Soldotna, Alaska; U.S. Army Corps of Engineers Library, Village residents who are not able to attend one of the four on-site public meetings are especially encouraged to submit comments by telephone. If you wish to testify at a hearing, you may register prior to the hearing to schedule a preferred time by contacting the Alaska OCS Region at the above address or Dr. James Lima at (907) 271- 6690 or toll free 1-800-764-2627 not later than 5 days prior to the hearing date. Every effort will be made to U.S. Department of Defense, accommodate individuals who have not Elmendorf Air Force Base, Anchorage, pre-registered to testify. Time Alaska; limitations may make it necessary to U.S. Environmental Protection Agency, Region 10 Library, 1200 6th Avenue, OMP-104, Seattle, Washington; U.S. Fish and Wildlife Service Library, 1011 East Tudor Road, Anchorage, Alaska; University of Alaska Anchorage, Consortium Library, 3211 Providence Drive, Anchorage, Alaska; University of Alaska Fairbanks, Elmer E. Rasmuson Library, Government Documents, 310 Tanana Drive, Fairbanks, Alaska; University of Alaska Fairbanks, Geophysical Institute, Government limit the length of oral statements to 10 minutes. You may supplement an oral statement with a more complete written statement and submit it to a hearing official at the hearing or by mail until February 11, 2003. Each hearing will recess when all speakers have had an opportunity to testify. If after the recess, no additional speakers appear, we will adjourn the hearing. Written statements submitted at a hearing will be considered part of the hearing record. If you are unable to attend the hearing, or if you prefer, you may submit written statements at the address below. Documents, Fairbanks, Alaska; Written Comments: The MMS University of Alaska Fairbanks, Institute requests interested parties to submit of Arctic Biology, 311 Irving Building, their written comments on this draft EIS Fairbanks, Alaska; University of Alaska, Southeast, 1'1120 Glacier Highway, Juneau, Alaska; Valdez Consortium Library, 200 Fairbanks Street, Valdez, Alaska; Z.J. Loussac Library, 3600 Denali Street, Anchorage, Alaska. Public Hearings: Public hearings will be held to receive comments on the draft EIS. The hearings will provide us with additional information that will help in evaluating the potential effects of the proposed leasing program. Hearings will be held in Anchorage, Seldovia, Homer, and Kenai/Soldotna, and by telephone on tho following dates and times: Anchorage, AlaskamJanuary 16, 2003, Minerals Management Service, Conference Room, 949 East 36th Avenue, 3rd Floor, 4 p.m. to 6:30 p.m.; Seldovia, Alaska--January 21, 2003, Seldovia Community Center Multi- Purpose Room, 260 Seldovia Street, 7 p.m. to 9 p.m.; Homer, AlaskamJanuary 23, 2003, Homer City Council Chambers, 491 East Pioneer Way, 7 p.m. to 9 p.m.; Soldonta/Kenai, AlaskamJanuary 24, 2003, Merit Inn Banquet Room, South Willow Street, 7 p.m. to 9 p.m. By telephone--January 28, 2003, 4:30 p.m. to 6:30 p.m., toll free 1-800- 764-2627. to the Regional Director, Alaska OCS Region, Minerals Management Service, 949 East 36th Avenue, Room 308, Anchorage, Alaska 99509-4663 or by electronic mail to AKEIS@MMS. GOV. Our practice is to make comments, including names and home addresses of respondents available for public review. An individual commenter may ask that we withhold their name, home address, or both from the public record, and we will honor such a request to the extent allowable by law. If you submit comments and wish us to withhold such information, you must state so prominently at the beginning of your submission. We will not consider anonymous comments, and we will make available for inspection in their entirety all comments submitted by organizations or businesses or by individuals identifying themselves as representatives or organizations or businesses. The comment period ends on February 11, 2003. Dated: November 6, 2002. Thomas A. Readinger, Associate Director for Offshore Minerals Management. Approved: November 12, 2002. Willie R. Taylor, Director, Office of Environmental, Polic,v and Compliance. [FR Doc. 02-31185 Filed 12-10--02; 8:45 am] BILLING CODE CEPOA-EN-CW-PF MEMORAND~ FOR. RECO~ SUBJECT: Kenai River Bluff Erosion Study- Project Status January 2003 II ,.? RECBVED KENAI cITy CLERK i i iiii Thc study is being addressed as several components, which are discussed below: Hydraulics- The scope of work for hydraulic analysis of the fiver has been completed and work has been initiated. The work will assess the effects of a bank stabilization project on the riverine environment and adjacent areas, such as the marsh area south of thc river. By defining the extent of hydraulic impacts the scope of environmental studies may be reduced. Such as if there are no significant changes to the flow characteristics of the river then that area may be removed from the environmental study area. Sedimentation - Thc scope of work for sedimentation analysis of thc river, bluff, and coastline, including the dunes has been completed. This work will be conducted by the Waterways Experiment Station and will be initiated in March 2003. Environmental studies- Details of these studies have not been finalized. It is envisioned that environmental studies will occur over a one-year period. Studies will begin in spring 2003 and end in winter 2003/2004. Portions of the studies are dependent on the findings of the hydraulic analyses. Bank stabilization analysis - This study component will define the erosion mechanisms acting on the bluff. Overland flow and seepage from the bluff will be determined. An in-depth evaluation and design of the bank stabilization structure is beyond the funding limit of this study. This information would be used in subsequent study and design of the bank stabilization. 2. The Corps will continue to develop the scope of work for thc environmental studies. The scope will be coordinated with the resource agencies, WES, and the City of Kenai. 3. A formal project schedule has not been determined at this time. However, it is envisioned that a draft reconnaissance report will be prepared in July 2004. 4. For additional information please contact thc project formulator, lV~;;~atrick Fitzgerald at 907-753 -638 or the project man.ager, Mr. Ken 9~-753-5~9f/)¢ CF: Snow/City of Kcnai Tumcr/POA-PM-C Project Formulation Section CITY OF KENAI "0//Capita/of A/asko" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE' 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: SUB J: Linda Snow, City Manager Lawrence A. Semmens, Finance Director~ January 30, 2003 Banking Services In 1997 the City requested proposals for banking services. Prior to that the City negotiated for services with NBA. We received two bids that were evaluated and determined to be one dollar different in price. The 5 year contract was awarded to NBA. We have been satisfied with the service provided by Wells Fargo since their purchase of NBA. About six months ago council did not object to extending the contract with Wells Fargo to March 2003. I picked March because I thought there would be time in January and February to develop and evaluate a new RFP along with preparing the budget document. I have been working on revising the RFP for banking services including requesting input from the three area banks. Developing the RFP is a rather large project that has been difficult to get completed due to workload priorities. Last week I reviewed the bank analysis statements and determined that if we were directly charged for banking services the cost would be $4,056 annually. It is most likely that bids from the three area banks will be very competitive with each other, as they were last time. Therefore I do not expect any significant cost savings as a result of requesting proposals for banking services. Since we are satisfied with Wells Fargo, I do not expect to see a compelling reason to change banks as a result of the RFP process. The fact is that it will be quite costly to prepare and evaluate the RFP, and it will be very costly to actually switch banks. If we change banks there is a heavy learning curve for new systems and there are many, many things that we will have to do to implement a new banking system: Purchase new checks and deposit slips New authorizations for all employee payroll deposits New authorizations for other ACH transactions including taxes, Pers and ICMA. New authorizations for all water and sewer customer automatic withdrawals Notifications to state and federal agencies for all deposits that they make to our current account. This will be a significant project by itself to identify (and reconfigure) entities that make these deposits on an infrequent basis. If we miss one it could be a long time before the depositor is gets around to calling us to ask why our bank account doesn't work anymore. Banking systems are complex. Our staff will have to leam the new bank's systems for handling all of the above transactions. We know from our experience with the Wells Fargo conversion that this will not be an easy task. We also know from the recent conversion that significant staff time will be necessary to negotiate the new bank's contracts. I am requesting approval to continue using Wells Fargo for an indefinite contract term. The code does not require use of the bidding process for procuring banking services. I would like to report to the council that we have analyzed the banking service costs and do not see any significant benefit to requesting proposals at this time. Frank H. Murkowski, Governor Division of Community and Business Development P.O. Box 110809, Juneau, AK 99811-0809 Telephone: (907) 465-2012 · Fax: (907) 465-3767 · Text Telephone: (907) 465-5437 Email: GoNorth@dced.state.ak.us · Website: www. dced.state.ak.us/cbd/ CERTIFIED/RETURN RECEIPT REQUESTED January 21, 2003 The Honorable John Williams, Mayor City of Kenai 210 Fidalgo, Suite 200 Kend, AK 996! !-7794 RE: FY 04 STATE REVENUE SHARING/SAFE COMMUNITIES PROGRAM POPULATION DETERMINATION Dear Mayor Williams: The Department of Community and Economic Development (DCED) is charged by statute with determining the calendar year 2002 population of each municipality for FY 04 State Revenue Sharing and Safe Communities Program purposes. Population estimates are prepared annually by the State Demographer at the Department of Labor and Workforce Development. The population of the City of Kenai has been determined to be 7,166. If you do not agree with this figure, the City may request a population adjustment by documenting its own population. Cities with a population of less than 1,000 must conduct a "head count census." Cities 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 be fully documented, that the city council pass a resolution adopting its results, and that it be completed and postmarked by April 1, 2003. If you choose to request a population adjustment, please contact the department for a copy of the FY 04 Head Count Census Instruction Manual or the FY 04 Housing Unit Method Population Estimate Instruction Manual. These Manuals provide additional information on the procedures and documentation required. Contact Laura Walters, Research Analyst, (phone: 907-269-4521, e-mail: Laura_Walters@dced.state.ak. us) or Bill Rolfzen, State Revenue Sharing Program Administrator, (phone: 907-465-4733, e-mail: Bill_Rolfzen@dced.state.ak. us) for additional information. Sincerely, ~./1~~ tr~icCtko rP ° 1 a~ ~/j* "Promoting a healthy economy and strong communities" January 28, 2003 Kenai Alternative H~h School Kenai Peninsula Borough School District Gregg Wilbanks, Administrator 705 FrontBe ~oa~ Ste. C Kenai, Alaska 99611 (907) 283-7844 (907) 283-6463 FAX ...... 'I ~., KENAI CITY CLERK I~1 IIII j , RECEIVED ......... JAN ' 0 200,t We are in the planning stages of two important events that take place at Kenai A£ternative High $cfiool- t~ scfioolprom andgraduation. Through various donations from community members and businesses, the staff and studen~ are able to p£an andfiave a prom. For man~ of our students~ it is t~ first schoolsocial they have ever attended. Graduation is scheduled for Friday, May 16, 2003 at 7:00 p.m. It will be held in our ggmnasium. .~ is customa~ we wi[[ be rios ting a reception after t~ graduation ceremony. It gives friends, family and the community an opportunity to acknowledge tile accomplishments tAese students have made. We are a smallschool and depend on the community for support. This year, we will fiave about twent~-.five student~ graduating. We are hoping t~at your organization/business will be able to make a donation to our graduation or prom fund. Thank you in advance for your continuedsupport of our program and, os always, you are welcome to come by andvisi~ with our staffandstudents. Phyllis Ann Hals tead, Secretary/Student Advocate INFORMATION ITEMS KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 o . , , o . o 1/29/03 JW letter to Governor Murkowski regarding state competition with private industry. Draft letter/resolution to President Bush regarding homeland security/funding for first responders. 1/27/03 Public Works Department, Project Status Report. 1 / 16/03 Kenai River Special Management Area meeting agenda and minutes of 12 / 19 / 02 meeting. 1 / 6/03, 11 / 29/02 Governor Murkowski thank-you letters. November/December 2002 Cook Inlet Regional Citizens Advisory Council, Council Briefs. 2003 Gaming Permit Application -- Ducks Unlimited, State of Alaska. CITY OF KENi 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ January 29, 2003 The Honorable Frank Murkowski Govemor of Alaska Juneau, AK 99803 REe State Competition with Private Industry Dear Gov. Murkowski' I am writing this letter to express the Kenai City Council's concem over entities of the State of Alaska competing with private industry for fire training services. As you know, the City of Kenai built the state-of-the-art Alaska Regional Aircraft Rescue and Firefighting Training Center (ARFF) in 1998. The initial, overall cost of the facility was around $15.3 million. Of that amount, the federal govemment provided $11.7 million, with the City of Kenai and State of Alaska providing the remainder. The facility is owned by the City but managed by a private company, AAI/Engineering Support, Inc. (ESI). ESI operates a variety of fire-training related programs at the facility as the Pacific Rim Institute of Safety and Management (PRISM). Since construction, ESI has spent almost $2 million additional dollars constructing a structural industrial fire training building and an exterior fire-training prop. The facility is a classic example of a public/private partnership designed to provide both state-of- the-an fire training and economic development to the City. Recently, however, the State of Alaska has increasingly become a competitor of the facility in providing fire training. As a matter of public policy, we do not believe the State of Alaska should compete with the private sector for fire training services. Nor do we believe the State should duplicate services already available through the City of Kenai in partnership with ESI. During a time when state government must be streamlined, it does not make sense to maintain a state bureaucracy to compete with an existing public/private entity. When private industry makes a huge financial investment in our state, they are making a commitment to provide a service that has gone unmet. Their hope in doing so is to be a good neighbor and be able to prosper for many years to come. They should never have to fear that government will put them Governor Murkowski January 29, 2003 Page 2 of 2 out of business. If that were the situation, private industry would stop investing in our state and we would lose not only the economic benefit of their presence but also the immeasurable community involvement and local support that they bring. To illustrate our concern, I have attached a State of Alaska Fire Service Training (Department of Public Safety) schedule for the winter of 2002-2003. Highlighted are the courses also taught here in Kenai. As you can see, many of the courses are redundant. Other entities that teach courses similar to those taught here are Alaska State Emergency Medical Services (State EMS)~Department of Health and Public Services (Southern Region); Mining and Petroleum Services (MAPTS)~University of Alaska; Alaska Vocational Technical Center (AVTEC)--- University of Alaska; and the Joint Regional Environmental Training Center (JRETC)---a consortium of fourteen federal and state agencies mn by the Alaska State Fire Training personnel. Kenai is easily accessible from anywhere in the State. We have an excellent regional airport with numerous flights per day from Anchorage, and recent improvements in the highway mean the drive from Anchorage is only 2½-3 hours even in winter. The Kenai area also has plenty of hotels available year round with the possible exception of July during the peak of the fishing season. However, there is little demand for fire training in July, so that should not be an impediment. We request you have your staff look into this issue and take appropriate measures to ensure govemment does not compete with an existing program mn by private enterprise. This will promote the economic health of Kenai and ensure the fire training facility here is used to its maximum potential. Thank you for your attention and we look forward to addressing this issue with you. Sincerely, CITY OF KENAI \ x John. llliams Mayor Attactxment CC' Kenai Peninsula Legislative Delegation Greg O'Claray, Commissioner of Labor .State of Alaska Fire Service Training Winter 2002-2003 Training Schedule The following Schedule of courses to be offered under the sponsorship of Fire Service Training may be adjusted as time and circumstances dictate. Announcements specific to each course will be issued 3 to 4 weeks prior to each course offering. Additional courses not on this schedule will be announced individually from each training region or by fax to Alaska Fire Departments. DATE TRAINING LOCATION HOURS SPONSOR JANUARY 2003 Jan. 6-10 Methods of Instruction, Level I -CANCELLED Jan. 11 - 12 Incident Safety Officer Jan. 20-31 Rural Fire Protection Specialist- VPSO Jan. 21-25 Firefighter II Jan. 25-26 Fire Prevention for 1'~ Responders Palmer 40 FST Anchorage 16 FST/NFA Sitka 90 FST/AST Palmer 40 FST Fairbanks 16 FST/NFA FEBRUARY 2003 Feb. 1-2 Feb. 1-2 Feb. 8-9 Feb. 9-12 Feb. 1 7-22 ~-~ TBA Firefighter Safety & Survival Courtroom Preparation Firefighter Health & Safety Fire Chiefs Spring Conference Command & Control of Incident Operations Rural Firefighter/Fire Chief Training Anchorage 16 FST Ketchikan 16 FST/NFA Anchorage 16 FST Juneau n/a AFCA Fairbanks 52 FST Southeast 64 FST/AST MARCH 2003 Mar. 1-2 Mar. 8-9 Mar. 8-9 Mar. 10-15 Mar. 22-23 Mar. 22-23 TBA Incident Command System Executive Skill Series: Managing, Leading Change Training Operations for Small Departments Command & Control of Incident Operations Strategy & Tactics for Company Operations Live Fire Training Weekend Rural Firefighter/Fire Chief Training Anchorage 16 FST Fairbanks 16 FST/NFA Sitka 16 FST/NFA Anchorage 48 FST/NFA Anchorage 16 FST/NFA Juneau 24 FST Palmer 64 FST/AST APRIL 2003 Apr. 14-1 8 Apr. 18-20 Apr. 21 Apr. 21-27 ,,~Apr. 21-25 ~,~Apr. 25-27 MAY 2003 May 5-31 ~-- May 5-9 May 16-17 May 17-18 May 28-30 ~AII month Methods of Instruction - Level I Firefighter Safety & Survival/RIT FF Safety & Survival Train the Trainer Marine Shipboard Firefighter Vehicle Extrication Firefighter I Testing Firefighter I Academy .~ I,-)oO. '"---' Firefighter I -J Series #1 Fairbanks area FFI Testing Incident Command System for EMS USCG Team Trainer #60 - Mustang Princess Cruise Ship - Fire Party Training Skagway 40 FST Fairbanks 24 FST Fairbanks 8 FST Juneau 56 FST Anchorage 40 FST Barrow n/a FST Palmer 180 Fairbanks 40 Fairbanks n/a Anchorage 16 Juneau 24 Juneau n/a FST FST FST FST/NFA FST FST FST Training Schedule December 2.002 version JUNE 20O3 ~J~un. 2-6 Jun. 16-20 ~---Jun, 14-15 All month Firefighter-I- Series #2 Advanced Self Contained Breathing Apparatus Vehicle Extrication Princess Cruise Ship - Fire Party Training Fairbanks Palmer Fairbanks Juneau 40 40 16 n/a FST FST FST FST JULY 2003 v Jul. 14-18 ~Jul. 14-18 ~'~J u1.22-24 Jul. 26 vAil month Confined Space Rescue Firefighter I - Series #3 USCG Team Trainer #61 - Maple Water Supply - Hands On Princess Cruise Ship - Fire Party Training Anchorage Fairbanks Juneau Fairbanks Juneau 40 40 24 16 n/a FST FST FST FST FST AUGUST 2003 ~,~ Aug. 1 1 - 1 5 v Aug. 18-20 ~All month Fire Department Pump Operations USCG Team Trainer #62 - Sycamore Princess Cruise Ship - Fire Party Training Anchorage Juneau Juneau 40 24 n/a FST FST FST SEPTEMBER 2003 Sep. 2-4 USCG Team Trainer #63 - Anacapa/Roanoke u-~ Sep. 8-1 1 ~,,~Sep. 1 6-18 u'~ Sep. 22-24 TBA ~AII month Vertical & High Angle Rescue Practices USCG Team Trainer #64- Liberty/Nashon USCG Team Trainer #65 - Anthony Petite ASFA/AFCA Conference Princess Cruise Ship - Fire Party Training Juneau Anchorage Juneau Juneau Kenai Juneau 24 32 24 24 n/a n/a FST FST FST FST AFCA/ASFA FST OCTOBER 2003 Oct. 3-5 Firefighter Safety & Survival/RIT Oct. 6 FF Safety & Survival Train the Trainer t,~Oct. 1 3-17 Firefighter I - Series #4 ~,~Oct. 6-12 Marine Shipboard Firefighter Fairbanks Fairbanks Fairbanks Juneau 24 8 4O 56 FST FST FST FST NOVEMBER 2003 /,,Nov. 8-9 Leadership I: Strategies for Company Success Anchorage 16 FST DEVEMBER 2003 Dec. 6-7 Leadership II - Strategies for Personal Success Anchorage Dec. 13-14 Leadership III-Strategies for Supervisory SucceSs Anchorage TBA Firefighter II Fairbanks 16 16 40 FST FST FST MARK R. BARKER 5700 E. TUDOR ROAD ANCHORAGE, AK 99507 PHONE: (907)269-5789 FAX: (907) 338-4375 PAUL SANCHEZ BLDG. 655, RICHARDSON DRIVE BOX 5616 FT. RICHARDSON, AK 99505 PHONE: (907) 428-4016 FAX: (907) 428-2939 ROY JOHNSTON 2760 SHERWOOD LANE JUNEAU, AK. 99801 PHONE: (907)465-3117 FAX: (907) 465-4055 BILL HEDRICK 1710 30TM AVE. FAIRBANKS, AK. 99701 PHONE: (907) 451-9001 FAX: (907) 451-8998 FST Training Schedule December 2002 version January 29, 2003 The President The White House Washington, DC 20500 RE: HOMELAND SEC~TY-- FUNDING FOR FIRST RESPONDERS Dear Mr. President: We are writing to express our deep concern that funding for first responders promised nearly one year ago has still not been provided to America's cities, towns and villages. As you know, the nation's cities and towns have carried the burden for homeland security during the 15 months since the September 11 attacks, with only the promise of federal support. At the recent national League of cities conference in Salt Lake City, city leaders from across the country voiced their deep disappointment with the absence of federal funding for police, firefighters and emergency response staff. We commend your leadership in our fight against terrorism abroad and appreciate your genuine commitment to helping police, fire fighters and other first responders in the United States who protect our citizens. Now we ask you again use your leadership to get much-need and long-overdue fund to the first responders in the nation's cities and towns. I We ask you to secure, by march 1, 2003, the $3.5 billion in first-responder funding proposed earlier this year. In seeking your support, we also want to emphasize the well-being of families in America requires the homeland security funds not come at the expense of reducing appropriations in other key areas, i.e. public safety, crime prevention, transportation and other key priorities for cities. We are enclosing patches from our city's public safety officers which they wear when they respond to emergencies in our community. The patch is a symbol of our first responders' commitment to the safety and security of our citizens. We as you hold this patch in trust and then keep it in gratitude upon passage of the first responder funding. CITY OF KENAI John J. Williams Mayor JJW/clf cc: Senator Bill Frist Senator Tom Daschle Senator Ted Stevens Senator Lisa Murkowski Representative Dennis Hastert Representative Nancy Pelosi Representative Don Young CITY OF KENAI by' City Council RESOLUTION NO. 2003-* A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, COMMENDING THE PRESIDENT OF THE UNITED STATES OF AMERICA FOR HIS LEADERSHIP IN OUR NATION'S FIGHT AGAINST TERRORISM AND REQUESTING FEDERAL FUNDING FRO POLICE, FIREFIGHTERS, EMERGENCY MEDICAL PERSONNEL, AND OTHER FIRST RESPONDERS ENGAGED IN ASSURING HOMETOWN, ALSO KNOWN AS "HOMELAND" SECURITY FOR AMERICA'S CITIES, TOWNS, AND VILLAGES. WHEREAS, the United States of America is actively engaged in war against terrorism, both at home and abroad; and, WHEREAS, the nation's cities, towns, and villages have carried the burden for hometown security during the 15 months since the September 11 attacks; and, WHEREAS, at the recent National League of Cities' conference in Salt Lake City, Utah, city leaders from across the country voiced their deep concern and disappointment with the absence of federal funding for local first responders; and, WHEREAS, the well being of families in America require hometown security funds not come at the expense of reducing appropriations in other key areas such as public safety, crime prevention, transportation, and other priorities for local communities; and, WHEREAS, funding for first responders was promised nearly one year ago; and, WHEREAS, earlier this year, first responder funding of $3.5 billion was proposed for the nation's cities, towns, and villages. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1' The Council commends President Bush for his leadership in our fight against terrorism, both at home and abroad, and appreciates his genuine commitment to helping our local police, firefighters, emergency medical personnel, and other first responders who protect our citizens. Section 2: The Council requests passage of the first responder federal funding for police, firefighters, emergency medical personnel, and others engaged in assuring hometown security for America's cities, towns, and villages. Section 3' The Council requests President Bush accept the patches from our city's public safety officers, to be held in trust and kept in gratitude as a symbol of our first responders' commitment to the safety and security of our citizens. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this *day of *, 2003. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk clf Preject status Report A=Active NC=Non-Construction F=Future STIP=State Trans. Imp KK- Keith Kornelis JL- Jack La Shot RS - Robert Springer MK - Marilyn Kebschull Jet- Jan Taylor A C/F/ City COOtaOt ProJo Name Sl~ A JL Airport Security Fencing Status Preparing scope of work for FAA review and negotiating fees with Wince-CorthelI-Bryson. A KK Basin View LID Wm. J. Nelson & Associates is working on design. Bid this spring for eady summer construction. A KK Bridge Access W & S Feasibility Study Wince-CorthelI-Bryson has just about completed this project. We may increase scope to include some design work. The project cost is split DEC/EDA. A JL/RS City Hall HVAC Documents complete. A MK Comprehensive Plan Public presentation of draft scheduled for February 12. Comment period through March 7. Public headng scheduled for May 14. A JL Contaminated Soils- Shop Report submitted to DEC. A MK Daubenspeck Economic Development Study $20,000 grant received. Study being conducted by Kevin W aring Associates in conjunction with the Comprehensive Plan. Quarterly report and bill due 1/15/03. Draft expected by 2/1/03. A JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. A JL FAA Site ADEC is requiring additional monitoring wells to determine depth of remaining contamination. A JL Kenai AP ARFF/SRE Facility Finishing items. Change order coming .... Communications project nearly complete. Monday, January 27, 2003 Page 1 of 3 A/NC/F/ S~ A KK City Proj Nam Kenai Coastal Trail Status Corps has received funding for planning and answering permitting questions on this project...A meeting with agencies is schedule for January 28 and 29 to discuss the scope of work for sediment and hydrolic studies plus some of the biological study. A JL Library Improvements Schematics complete- awaiting further direction. A JL Maintenance Shop Preliminary plans and specifications complete. A KK McCollum & Aliak LID Resolution has set public hearing on March 5. Construction funds not available until receipt of 2004 Muni-Matching Grant. A JL- Multi-Purpose Facility Refrigeration Team shacks complete. Venting estimated at approximately $30,000. a KK Pillars LID - Chinook Drive and Sockeye Circle Paved road 9/21/02. Topsoil and seeding to be done next year. A JL Runway Extension Environmental Assessment Project beginning. A KK Schooner Circle LID Wm. Nelson working on the engineering...bid this spring for early summer construction. A KK Title 17 Review and W & S Regulations Working with Larry...Completed revisions to W & S regulations. Adding a grease prevention regulation. Rate study is part of Wastewater Facilities Plan which CH2M Hill is working on. A KK Toyon Way LID Wince-CorthelI-Bryson working on the engineering. Bid this spring for early summer construction. A JL Underground Storage Tank- Airport Extra soils removed and stockpiled. Report to ADEC finished and submitted. Monday, January 27, 2003 Page 2 of 3 A/NC/F/ A. KK City Contact Prejeet Name Wastewater Facility Master Plan Status Awarded project to CH2M Hill. At about 70% completion. They are working on a W&S rate study. A KK WH4 Looking at new sites for well. We received ADEC Grants. Ordinance appropriating funds is scheduled for passage on February 5. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Design FFY 02 & 03, ROW 04, Utilities 06, & Construction 06 with total cost $4 million. STIP KK DOT- Kenai River Flats Interpretive Site This is the rest stop and Birch Island Faciltiy near the Warren Ames Bridge. Design 04, Utilities 06, Construction 06. Total $1.9 million. STIP KK DOT- Kenai Spur Unity Trail Pathway Pedestrian/bike pathway along Kenai Spur from MP 2.8 to 8.2. Alaska Roadbuiders completed the steel casing across Beaver Creek near ROW for future water main. City gave DOT temporary and permanent easements for Beaver Creek Crossing. Alaska Roadbuilders was Iow bidder at $2,138,117. If they can get the ROW near Eagle Rock, they would like to pave the entire path at the same time. 'Monday, January 27, 2003 Page 3 of 3 KENAI RIVER Special Management Area "Working together...for the river" le II. *** Meeting Agenda*** Thursday, January 16, 2 003 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call B. Approval of 12/19/02 minutes C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS IV. A. Board Elections of Officers B. 2002 Recreation Use Monitoring Project, Dr. Greg Brown, APU OLD BUSINESS Ve A. Moratorium on new Kenai River Sportfishing Guide Permits for 2003, Update, Chris Degemes B. Water Quality Committee Report, Charles Quarre C. Commercial Operators Committee Report, Joe Connors D. Kenai River Center Update, Suzanne Fisler PUBLIC COMMENT ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soidotna, AK 99669, Soldotna 262-4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Ie CALL TO ORDER Thursday, December 19, 2002 7:00 p.m. Kenai River Center A. Roll Call Members Present' Joe Connors, Ted Wellman, Jim Golden, Charles QUarre, Ben Ellis, Ken Lancaster, Pete Sprague, Rick Wood, Robin West, Bill Shuster, Glenda Landua for Lance Trasky, Linda Snow, Chris Degemes, Jonne Slemons, Roland Maw Members Absent' David Westerman, Paul Shadura B. Approval of 11/21/02 minutes The minutes were approved as written. C. Agenda Changes and Approval Under New Business, Item D. Jonne Slemons would like to introduce the Outreach Coordinator for DEC. · Under Old Business, Item B. Charles Quarre will give a Water Quality Committee report from their meeting today. Under Old Business, Item C. Joe Connors will give a Commercial Operator Committee report from their meeting today. Kenai River Center Update would become Item D. The agenda was approved as amended. II. PUBLIC COMMENT Don Johnson supplied the board members with a copy of an email correspondence from him to the AG's office regarding the Guide Moratorium Director's Order. He thinks the statutes do not provide any authority for this action, and feels that DNR will be facing a number of lawsuits. He advised the Board to seek legal assistance before proceeding. He also stated he does not have a position personally for or against the moratorium. III. NEW BUSINESS A. Flood Damage Reports- Kenai River Watershed -Glenda Landua, ADF&G, Habitat and Restoration Div. Alaska Rail Road bridges were damaged at Ptarmigan Creek, Falls Creek and the middle bridge on the Resurrection River as well as the Trail Creek Bridge. Embankment protection was also needed at one site at about Mile 36:3 of the railroad. Kenai Lake had multiple slope failures. Those slope failures coincided with the earthquake, and may have been exacerbated due to saturated soils. On the Kenai River, emergency repairs were confined.to 2 sites in Cooper Landing and 1 site at Funny River where the Bear Creek culvert started to fail. Bear Creek culvert was subsequently replaced. This was good because the perched pipe was an effective barrier to juvenile fish passage. In Cooper Landing, the biggest concern was at Mile 55 (downstream from Sportsman's) when the highway embankment failed and the road eroded back to the guardrail. DOT installed about 600 feet of rip rap and reinforced that bend. -Bill Shuster, Chugach National Forest Bill gave the board members a detailed report with color photos of the Forest Service's preliminary analysis of the flood damages from the storms of October 22 and 27th. He reviewed the report and said the main impacts occurred at the following areas' Kenai River Watershed: Upper Russian Lakes Trail, Russian River Angler Trail, with road damage on Snug Harbor Road and Primrose Road. Bill said that most of the restoration projects held very well during the flooding. There does not appear to be much damage on the Juneau Creek side of the Resurrection Trail. Outside the Kenai River Watershed, extensive damage. also occurred along the Resurrection River Trail, Iditarod South and Bear Lake Access. Exit Glacier Road was closed during the flood event. -Robin West, Kenai National Wildlife Refu~e Not much assessment done from Skilak Lake downstream yet. The upper Kenai River area had damage on Mystery Creek Road but that is not high priority. There was a little damage around the Russia River ferry but the restoration and stabilization work that was done the last couple of years held well. Robin said the major concern is with Jim's Landing. The access road is threatened to be washed out. The road may have to be rebuilt and could cost approximately 300k. He said there are no funds designated for this. Most of the current emergency funding from the federal government is for earthquake damage. Ben made a motion to send a letter of support for federal funding to restore recreation sites within the Forest and Refuge, with the letter to go to Sen. Stevens, Congressman Young and the soon to be announced new senator. Joe Connors seconded. Unanimous consent from the board to send a letter. Kenai River Special Management Area Advisory Board Minutes - December 19, 2002 Page 2 of 7 B. Board Priorities for 2003 Ted said the purpose of this discussion is to help focus Board efforts for the coming year. He asked for four to five items that would be priorities. These items would then be discussed in the working committees that will be set later in the meeting. During discussion the following goals were identified. (The list is not ranked in any priority.) · 1. KRSMA Lands Additions 2. Fishing Guide Moratorium - Restricted Entry Program 3. Habitat Protection/Restoration 4. Water Quality Monitoring 5. Recreation Use Management 6. Funding Support (actively seek funding for priorities) Ted asked Chris to organize the list of the applicable recommendations fi'om the Comprehensive Management Plan that have not been accomplished and put them in the categories listed above. These will be included in next month's board packet. C. Establishment of Standing and Special Committees Roland Maw suggested a change in the committees from last year. He asked to combine the Boat Wake Erosion Study and Nutrient Study committees together and rename that the Habitat ProtectioWRestoration Committee. Board members and some non-board members from the public will serve on the following committees for 2002-2003' Permit Committee Suzanne Fisler, Chair Lance Trasky Ted Wellman Bill Shuster Ben Ellis Joe Connors Jim Golden Recreation Use Committee Chris Degemes, Chair Ted Wellman Paul Shadura Kenai River Special Management Area Advisory Board Minutes- December 19, 2002 Page 3 of 7 Roland Maw Charles Quarre Jim Golden Rick Wood Commercial Operators Committee Joe Connors, Chair Suzanne Fisler Ted Wellman Jim Golden Bill Shuster John Cho Greg Brash ,~ .egislative Committee Ken Lancaster, Chair Paul Shadura Robin West Chris Degemes Joe Connors Ben Ellis Pete Sprague Linda Snow Borough Committee Pete Sprague, Chair Lance Trasky Chris Degemes Linda Snow Water Quality Committee Charles Quarre, Chair Lance Trasky Chris Degemes Rick Wood Bill Shuster Robin West Dave Westerman Robert Ruffner Micah Johnson Jonne Slemons Ken Lancaster Kenai River Special Management Area Advisory Board Minutes- December 19, 2002 Page 4 of 7 Habitat Protection/Restoration Committee Lance Trasky, Chair Paul Shadura Joe Connors Chris Degcmes Roland Maw Joe Connors : Jim Golden Ben Ellis Bill Shuster Dave Westerman ~ IV. Ted said he would like to have all the committees meet once per month and make a report to the board at the full board monthly meeting. D. Introduction of DEC Outreach Coordinator-Jonne Slemons Jonne introduced Brenda Wynne-Duty who is the Outreach Coordinator for the Division of Air & Water Quality of DEC. Brenda said she is working to reinforce communications about what DEC is doing in the Kenai Watershed Area with contaminated sites, and environmental health, and is seeking to more effectively communicate with the public about what DEC is doing. They have created a web site called "The Kenai River Watershed". Brenda said there will also be a quarterly newsletter available featuring updates and activities in DEC with regard to the Kenai River. She invited the board to feel free to call on her with any questions regarding the Kenai River Watershed. She can be reached at: (907) 269-6283. Her email address is: Brenda wvnne~envircon, state.ak.us OLD BUSINESS A. Moratorium on new Kenai River Sportfishing Guide Permits for 2003 -Organizing Priorities for the Public Process Chris brought the board up to date. A letter from the Board was sent to Commissioner Pat Pourchot on November 22nd along with Resolution 2002-01. Jim Stratton signed a Director's Order the same day. DNR has received approximately 12 or more appeals to date. The Department is dealing with those making sure they are received in a timely fashion so the legal process is followed. In the meantime Chris has been looking for funding sources to support the public process that were identified by the Knowles administration. It has been difficult to determine where the funds are and it has not reached a high level within the Murkowski administration yet. Chris asked for support from the board to Acting DNR Kenai River Special Management Area Advisory Board Minutes- December 19, 2002 Page 5 of 7 Commissioner Marty Rutherford to articulate the need for those resources. Resources are needed before a planner can be hired to help facilitate the public process. Joe Connors made the motion to write a letter to Acting DNR Commissioner Marry Rutherford to endorse the need for a facilitator and to identify funding sources to assist the board in the public process on the guide moratorium. Ben seconded. There was unanimous consent. B. Water Quality Committee Report- Charles Quarre. The committee met earlier today. Charles said Robert Ruffner provided them with a 55 page document from a study done on the environmental assessment of 2-stroke outboard engines used on Lake Tahoe. He mentions this to compare what others are doing for water quality. Charles alsO talked about the power point presentation by Robert Ruffner in the September meeting. In summary, Robert's studies showed that hydrocarbons have exceeded the state's standard for fish and aquatic life during the July sampling. HoweVer the data has not been peer reviewed. Among the topics the committee will work on over the next months will be to develop a draft strategy regarding contaminated sites/spills, storm water runoff, motorboats, resource impacts and a few other items affecting the Kenai River water quality. C. Commercial Operator Committee Report- Joe Connors Joe said today the committee met with 12 people and covered 4 issues: 2003 guide orientation. They are planning four orientation dates accommodating 80-100 per session. There will be a team approach using individuals from the guide community and agency reps. Topics were selected. · The 2003 season commercial operators letter was reviewed. In the discussion of that, it was mentioned that there were probably 35-40 guides who fished this year that have not submitted their end of season reports. They Will receive a citation that has a $100 fine. State Parks will not suspend permits for guides cited under this violation since this will be the first year of issuing a citation for failure to produce the end of season report. · An update was provided regarding the Kenai River Professional Guide Association's Master fishing guide pro.am. The application period for that is right now and can be found on KRPGA's web site. The period for the applications will end on January 14th. Then there will be a review period for'one month. They are hoping to make their first aWards by end of February. Concerns and thoughts about moratorium were discussed. Those affected the most are concerned about making sure a wide variety of options are considered, and that the affected parties will be able Kenai River Special Management Area Advisory Board Minutes- December 19, 2002 Page 6 of 7 to participate. People in industry have strong feelings about what the components of the pro.am should be. E. Kenai River Center Update, Suzanne Fisler Glenda gave the update in Suzanne's absence. She said things are quieting down after the flood events of October and November. Working on a number of very large projects. The Sterling Highway MP45-60 project will have a public and agency meeting on January 22 in Cooper Landing at the Princess Lodge from 6pm to9'30 pm. Fish & Game is working with Corps to get studies done on the Kenai Coastal erosion trail project. The Cooper Lake hydro relicensing group met this month t© go over the draft study plans being developed for the relicensing. Those draft study plans are being reviewed by the agencies and are due back by the end of January. V. PUBLIC COMMENT None taken VI. ADJOURNMENT F. Board Comments Linda: Happy Holidays to all! Joe: Excited about the spirit of cooperation, especially in the committees. Pete' Glad to serve on this board. Pete corrected his email address' psprague(~.acsalaska.com Jonne: Requested that the agendas include information about the time and place of the various committees. Chris' Welcomes Pete to the board. Ben: Happy Holidays! Glenda: FYI' the book provided to board members this evening is a reprint the of Alaska Wild Salmon book that has been updated. Ken: Happy Holidays! B. Date/Agenda of Next Meeting January 16, 2003 Kenai River Special Manag~ement Area Advisory Board Minutes - December 19, 2002 Page 7 of 7 fRANK H..MURKOWSKi GOVERNOR GOVER NOR@GOV. STATE.AK. US STATE OF ALASKA OFFICE Of The GOVERNOR JUNEAU P.O. Box 11 ' JUNEAU. ALASKA .~ (907) 465-3500 Fax (907} 465-3532 WWW.GOV.STATE.AK. US January 6, 2003 The Honorable John Williams Mayor of the City of Kenai ,q 10 Fidalgo Avenue,. Suite 200 Kenai, AK 99611-7794 Dear Mayor Williams.: Thank you for your letter of congratulations. Nancy and I are looking forward to leading an administration with vision, leadership, and accountability to all Alaskans. We appreciate the trust the citizens of Alaska have placed in us to move Alaska into a bright future. We are dedicated to do our best for all Alaskans. Sincerely yours, ~k_~rank H. Mur f~.kows C~~/~ki Governor FRANK H. MURKOWSKI ALASKA COMMITFEES: RANKING MEMBER ENERGY AND NATURAL RESOURCES FINANCE VETERANS' AFFAIRS INDIAN AFFAIRS WASHINGTON, DC 20510-0202 (202) 224-6665 (202) 224-5301 FAX November 29, 2002 222 WEST 7TH AVENUE, BOX 1 ANCHORAGE, AK 99513-7570 (907) 271-3735 101 12TH AVENUE, BOX 7 FAIRBANKS, AK 99701-6278 (907) 456-0233 P.O. BOX 21647 JUNEAU, AK 99802-1647 (907) 586-7400 130 TRADING BAY ROAD, SUITE 350 KENAI, AK 99611-7716 (907) 283-5808 540 WATER STREET, SUITE 101 KETCHIKAN, AK 99901-6378 (907) 225-6880 851 EAST WESTPOINT DRIVE, SUITE 307 WASILLA, AK 99654-7142 (907) 376-7665 The Honorable John J. Williams Mayor City of Kenai 210 Fidalgo Avenue Suite 200 Kenai, AK 99611-7'794 Dear John: Thank you for providing me a copy of your letter to the U.S. Fish and Wildlife Service concerning the Swanson River project. I appreciate your letter of support and believe your comments will be a constructive addition to the EIS process. Alaskans working together in support of new development will provide a meaningful difference for important projects such as this for Alaska's future. Sincerely, Frank H. Murkowski United States Senator HOME PAGE AND WEB MAIL MURKOWSKI.SENATE.GOV ,, Volume 2002, Numbers 10/11 www.circac.o~g Months of November/December 2002 Full House Turns Out for Anchorage Meeting Volunteers Receive Awards at Appreciation Banquet Cook Inlet RCAC held its winter quar- terly meeting in Anchorage again this year. Traditionally, the December meet- ing is paired with a banquet the preceeding evening in celebration of the volunteers who comprise the Commit- tees and Councils of both the Cook In- let and Prince William Sound RCAC's. The large turnout for the volunteer event generally carries over to the meet- ing on the following day and this year was no exception with standing room only as the Council heard presentations and moved through its agenda. One of the presenters, Dr. John Harper, a CIRCAC contractor, gave an overview of the Shorezone Mapping Project and described the associated benefits. Mr. Harper's company, Coastal and Ocean Resources, Inc., has been com- bining aerial videography taken at low tide with narration from a biologist and geomorphologist. A database of the information can be queried to find spe- cific information. Mr. Harper noted that the shorezone mapping information should enhance the Geographic Response Strategies (GRS) project CIRCAC has sponsored in the Inlet and along the Outer Kenai Coast. A sample of the latest developments will soon be available on the Council's web site www.circac.org. The next phase is to develop a mapping database and produce interactive ARC info GIS maps for further presentation on the web. Cook Inlet RCAC Director of Sci- ence Susan Saupe stated that she is pleased with the focus that the project has garnered in the science community and that ithas been integrated into other monitoring projects such as the Gulf Ecosystem Monitoring or GEM project. The Kenai Peninsula Borough sup- plied funding for this year's flights and videography. Those funds were lever- aged to obtain a grant worth $40,000 from the Coastal Impact Assistance Pro- gram which will be used during 2003 to create the database. Also presenting ahead of the regular meeting, Lois Epstein elaborated on her recent Cook Inlet pipeline report that rates the performance of area operators and describes the condition of the cur- rent infrastructure. In her presentation, she noted both strengths and weaknesses in the pipe- line arena and commented on state and federal pipeline regulation as it applies to the Cook Inlet region. ENVIRO~ MONITORING Ms. Saupe told the Council that Uni- versity of Alaska-Fairbanks scientists are deploying a new device to measure surface currents from two different lo- cations along the Cook Inlet coast. The Coastal Ocean Dynamic Radar system or CODAR as it is called, emits a low power signal that travels along the ocean's surface. The scattered signal that returns back along the same path to the receiver is processed into Dop- pler spectra. Currents are then measured by determining small deviations in the known Doppler shift of these waves. Data from two or more stations are required to produce current vectors. With this information, Ms. Saupe said that the team from Fairbanks hopes to see new, more complete pictures of coastal circulation. These patterns are used for a variety of purposes includ- ing pollution tracking, search and res- cue, and spill response. Two more CODARs will be installed along Kachemak Bay in the coming year. Images from the CODAR are avail- Hore Cook r_nlet RCAC news - of the plan before resubmitting it to the Workgroup for approval. The Port Graham Corporation owns substantial portions of the Outer Kenai Coast. A number of the sites will re- quire notification &corporation officials before commencing work there in the event of a spill. "The landowner is always a stake- holder in the process," commented CIRCAC Executive Director James E. Carter, Sr., "and getting PortGraham's in- sight into these sites helps us create a better document - improves the likeli- hood of success in the event that the GRS has to be used." The combination of DEC, Kenai Pen- insula Borough, Industry, Prince Will- iam Sound RCAC and CIRCAC funds has made the project possible. In the area ofprevention, Mr. Munger elaborated on CIRCAC's success at negotiating an agreement with the Cook Inlet subsea oil pipeline operators to voluntarily provide a pipeline status re- port on a biannual basis. The report will include the operational status of the lines, repairs made, and future activities. Mr. Munger said that an indepen- dent third-party contractor will be hired to review the information and make rec- ommendations to the Council. In the able at www.salmonproject.org. During her presentation to the Coun- cil, Ms. Saupe also described the "groundtruthing" or on the ground sampling done to verify what scientists saw from the air during the Shorezone flights. This sampling provides detailed species compositions of the bioband used as part of the project. In another project, the ground recon- naissance survey that focuses on col- lecting samples from soft sediment habi- tats, scientists analyzed tissue and sedi- ment hydrocarbon data from permanent monitoring sites. This information is then linked through a database to geo- morphological data such as sediment grain size and beach slope. One of the results is that various spe- cies may be monitored over longer peri- ods of time to assess more gradual changes in the environment. PROPS COMMITrEE NEWS Director of Operations Mike Munger told the Council that the Seward Zone GRS is nearing completion with protec- tion strategies for 29 sites along the Outer Kenai Coast. Cook Inlet RCAC Director of Public Outreach Steve Howell and one of the GRS contractors, Mark Janes, recently met with Port Gra- ham officials to discuss the last details event that the reports prove inadequate, the PROPS Committee can pursue a risk assessment. U.S. Coast Guard Capt. Ron Morris provided an update on the F/V Genei Maru No. 7 which had been adrift in the Northern Gulf of Alaska and Kodiak area waters for several months. The vessel, which had been presumed sunk was found grounded on the rocks at Cape Kazakof, Afognak Island. Lightering of the vessel's removed 14,570 gallons of diesel fuel and two drams of oily waste as well as other de- bris. Preliminary inspection had re- vealed that at least one fish hold had been converted to a fuel tank holding about 6,000 gallons. Capt. Morris re- ported that the condition of the vessel and its location on the rocks were seri- ous considerations for responders. VOLUNTEER AWARDS FOR 2002 The Council celebrated l0 years of service from Board Member John Dou- glas and EMC Member Dora Dushkin. Mr. Douglas began his 10 years of ser- vice on the Council as a representative for the City of Kenai in 1992 and cur- rently serves as the Secretary/Treasurer for the Board of Directors, sits on the Executive Committee and is committee chairman for both the Protocol Commit- tee and the Audit Committee. Ms. Dushkin has served as a public member of the EMC for l0 years. Bom in the Pribilofs, she moved to King Cove with her husband, a fisherman, and lived there for the next 20 years. She has been a resident of Anchorage for the past 22 years. The Council also recognized the vol- unteers for outstanding service during. the past year. PROPS Committee Mem- ber Jerry Brookman was honored as the PROPS Volunteer of the Year for 2002. Steve Okkonen's work on the various field studies and committee participa- tion was recognized with the award of EMC Volunteer of the Year. Doug Jones, Recreation representa- tive on the Council, received the award for Board Member of the Year and Grace Merkes was praised for her contribu- tions to the Council that led to her se- lection as Overall Volunteer of the Year. F rom-MARATHON OIL +g1~5646466 . 2003 Gaming PormitAppli~tioh ~. ..... ~~! ' AS oS.~.o2o ' I KE~"' I. OR, C,~n~NIZ.&TtON INFO~TION From A ~py ot this ap~~on muet ~ ~n[ te ~1 ~llc~- munid~l~ and J~n-oz-a.,a az:Zgpm /:r~m-MARATN~ OIL +glS$$464Bg T-SS? P. az/az F~r43 2003 Gaming Permit Application - "' ' 1:3 ~__-.~ . ' . · a~rlvrrms c~1)u¢1~ ~r v~moR ~~ am ~ ~ ~ ~ ~ ~ ~ v~~~ ~ ~ ~ ~ ~~~ . ~ ~ , 1 · · 'Form 0~826 ~ 08/02) Back MAKE 23 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Mayor/Council Attorney ~ TayIor/Sprin~ler/Kebschull Clerk ~ city Mana~le~ ~/ Public Wo~ks I Police Deportment ~,Finance ~ Engineer Senior Cente~ / Airport / Kim Library / Porks & Recreation ~ Clarion Fi~e beCa~tment ~ Blaine ~ilman A6ENDA DISTRIBU3-J:ON 5ewer Treatment Plant Streets 5hop Dock Buildin~ Maintenance Animal Control Water/Sewer Counter DELIVER Council Pockets to Police Deportment Dispatch desk. The Clarion & Gilman's Office will pick their pocket up at City Hall. The portion of the agenda published by the Clarion should be foxed os soon os possible after Noon on pocket day. The camera-ready agenda (c:/myfiles/documents/minute$/agenda form for paper) is emoiled to the Pen/n¢u/a C/ar/on (at emoil Contacts) and o copy is foxed to Denise at the ~/ar/on also. 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