HomeMy WebLinkAbout2004-04-07 Council PacketAGENDA
KENAI CITY COUNCIL- REGULAR MEETING
APRIL 7, 2004
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
*Ail 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)
Xe
Council Member Bookey/2004 Arctic Winter Games Presentation
ITEM C:
REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCII~
ITEM D'
PUBLIC HEARINGS
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
e. Arctic Winter Games
ITEM F:
.
MINUTES
*Regular Meeting of March 17, 2004.
ITEM G: CORRESPONDENCE
ITEM H:
OLD BUSINESS
ITEM I:
NEW BUSINESS
Xe
Bills to be Paid, Bills to be Ratified
.
Purchase Orders Exceeding $2,500
,
*Ordinance No. 2037-2004-- Amending KMC 23.40.080 to Provide for a
Five Year Maximum Period of Reemployment for Those Persons
Participating in the PERS Opt-Out and Reemployment Provisions of AS
39.35.150(b).
,
Discussion -- Kenai Peninsula Hockey Association Donation/Midget U-
16 Team
.
Discussion -- Budget Work Session Date Possible Rescheduling
ITEM J:
REPORT OF THE MAYOR
ITEM K:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
ITEM M: ADJOURNMENT
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CITY OF KENAI
"l~dlage with a past- City with a futura"
DATE:
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT COMMITTEES AND
COMMISSION~
, .... , ~..:~.! CITY CLE~, K
Resident of the City of Keno. i?
Residence Address ~ ~ ~ ~ !
Maflin~ Address
Home Fax No.
Business Fax No.
EMPLOYER:
NAME OF SPOUSE:
~rrent membersMp in organization~:
How long?
c.'F K ¢'A/~ ;"' ~K
Home Telephone
Business Telephone No
Email Address: r3 ~ A/ ~ ~ ,~ ~.) ~,/~ ~.·
_ ._. _
Job Title ]~ 0 $
COMMITTE~,S OR COMMISSIOHS IN WHICH YOU AR]I: INTERESTED:
~ ~. ~- /~.//~~ -
WHAT BACKGROUND, EXPE~NCE, OR CREDENTIAI~ DO YOU POBSF, SS TO BRING TO THE BOARD,
"Village with a past - City wit ~ ' . ,,~rr / ~.<~ ~i ;"
BACKGRO SAL DA~~-/"i~/~ , /
CANDIDATES FOIl APPOIN?MEN? COMMITT~~7 /
COMMISSIONS ~
DATE:
Resident of the City of Kenai?
Residence Address ,
Marling Address ~- {~. ~/~ / ,~- ~ ! ~ . /~~rt,~'z.c' __~;~,~//Home Telephone
Home Fax No. ~ / .. _ Business Telephone No ~
Business Fax No..,~o~,~o~_o~ Email Address: ~
EMPLOYER: /~_j~,~ _ _,~,t/_. . Job Title
COMMITTEF, S OR COMMISSIONS IN WIilCa YOU ARE INTERESTED:
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
MMISSION OR COMMITTEE MEMBERSHIP? . , -- ,_
Signature
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e
CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
March 24, 2004 - 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. *March 10, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
e
PUBLIC HEARINGS:
a. PZ04-12--A resolution of the Planning and Zoning Commission of the City of Kenai to determine if
Conditional Use Permit PZ98-09 for a Retail Business for the property known as Lot 8 Block H
Beaver Creek Alaska Subdivision Amended, 5040 Beaver Loop Road, Kenai, Alaska, should be
revoked due to failure to meet requirements of KMC 14.20.150 (g). Permit is held by Thomas and
Vicki Fmichantie d/b/a The Bargain Barn, P.O. Box 2266, Kenai, Alaska.
6. OLD BUSINESS'
7. NEW BUSINESS:
PENDING ITEMS:
a. Amendment of KMC 14.20.320- Modular Homes
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Memo City Manager to Council/Memo staff to IC Howard-Dustbowl Purchase
b. PZ04-11 - Landscape Site Plan- 2101 Bowpickcr Lane (Government Lot 9 in Section 8 and
Government Lots 11 and 12 in Section 17 excluding there from that portion as per easement 183 ~
450) -Jon Faulkncr d/b/a Kenai Landing.
c. Conditional Use Permit- 2003 Yearly Report
d. Zoning Bulletin (3/10/04)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT'
CITY OF KENAI
PLANNING/k ZONING COMMISSION
CITY COUNCIL CHAMBERS
MARCH 24, 2004- 7:00 P.M.
CHAIRMAN CARL GLICK, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER
Chairman Glick called the meeting to order at 7:00 p.m.
1-a. Roll Call
Members Present: C. Glick, N. Amen, B. Eldridge, and J. Barrett
Members Absent: P. Bryson, J. Hammeknan
Others Present: Council Member Rick Ross, and Department Assistant Nancy
Carver
X-bo
Agenda Approval
Chairman Glick requested a report from Commissioner Eldridge be added regarding
the conference he attended in Homer on Coastal Dynamics on the Western Kenai
Peninsula.
MOTION:
Commissioner Barrett MOVED to approve the agenda as amended to include
Commissioner Eldridge's report and requested UNANIMOUS CONSENT.
Com_m__issioner Eldridge SECONDED the motion. There were no objections. SO
ORDERED.
Consent Agenda
MOTION:
Commissioner Eldridge MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT and Commissioner Amen SECONDED the motion. There
were no objections. SO ORDERED.
ITEM 2:
APPROVAL OF MINUTES -- March 10, 2004
Approved by consent agenda.
ITEM 3:
,, ,
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4:
CONSIDERATION OF PLATS-- None.
ITEM 5:
PUBLIC .HEARINGS
·
PZ04-12 -- A resolution of the Planning and Zoning Commission of the
Ci~ of Kenai W de~ermine if Conditional Usc Permi~ PZ98-09 for a Retail
Business for the property known as Lo~ 8, Block H Beaver Creek Alaska
Subdivision Amended, 5040 Beaver Loop Road, Kens. i, Alaska, should be
revoked due ~o failure ~o mee~ requirements of KMC 14.20.150 (§).
Permit is held by Thomas and Vicki Fruichantie, The Bargain Barn, P.O.
Box 2266, Kens. i, Alaska.
MOTION:
Commissioner Eldridge MOVED to approve PZ04-12 and Commissioner Amen
SECONDED the motion.
Carver explained the revocation of the Conditional Use Permit was due to failure to
meet code requirements. Carver added, the property ownera were given ample time to
comply with requirements of KMC 14.20.150{gl but to date, were not in compliance.
Commissioner Eldridge stated he was in favor of the revocation as he felt this was the
only active Conditional Use Permit holder not complying with the requirements of KMC
14.20.150.
Commissioner Barrett asked for clarification from staff of the timeline for compliance
and was told a business license needed to be obtained as well as sales tax compliance
from the Kenai Peninsula Borough before renewal of the Conditional Use Permit.
VOTE:
I F. Id_ridge
Glick
Yes Hammelman Absent Amen Yes
Yes . Bryson Absent Barrett Yes
MOTION PASSED UNANIMOUSLY.
ITEM 7:
NEW BUSINESS -- None.
ITEM 6:
OLD BUSINESS.-- None.
ITEM 8:
PENDING ITEMS-- None.
ITEM 9:
CODE ENFORCEMENT,-- None.
ITEM 10: REPORTS
,
10-a. City Council -- Council Member Ross reviewed the March 10, 2004
council meeting action agenda included in the packet. He notified the Commission the
PLANNING & ZONING COMMISSION MEETING
MARCH 24, 2004
PAGE 2
FAA will be doing a mandatory study of airport land.
the ~Dustbowl' property until the study is completed.
Council will take no action on
10-b.
Borough Planning-- No report.
10-c.
Administration-- None.
10-d.
Commissioner Eldridge -- Coastal Dynamics on the Westem Kenai
Peninsula Conference, Homer Alaska.
ITEM 11:
PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12:
INFORMATION ITEMS
12-a.
12-b.
12-c.
12-d.
Memo City Manager to Council/Memo staff to K. Howard-Dustbowl
Purchase
PZ04-11 - Landscape Site Plan- 2101 Bowpicker Lane (Govem_m_ent Lot
9 in Section 8 and Government Lots 11 and 12 in Section 17 excluding
there from that portion as per easement 183 ~ 450) -don Faulkner
d/b/a Kenai Landing.
Conditional Use Permit- 2003 Yearly Report
Zoning Bunetin (3 / 10 / 04)
ITEM 13:
COMMISSION COMMENTS/h QUESTIONS
Commissioner Barrett-- Stated he invited Marilyn Wheeless to the meeting and
added, she may be interested in applying for placement on the Commission.
Commissioner Eldrldge -- Reported he will be absent from the April 14th meeting.
ITEM 14:
ADJO~ENT
MOTION:
Commissioner Barrett MOVED to adjourn and Commissioner Eldridge SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:40 p.m.
Minutes transcribed and prepared by:
Nancy Carver, Planning & Zoning Assistant
PLANNING & ZONING COMMISSION MEETING
MARCH 24, 2004
PAGE 3
Kenai Convention and Visitors Bureau
Board Meeting Minutes
March 22, 2004
Board Members Present: Dan Van Zee, Robin West, Ron Malston, Jacquie Steckel, Sharon
Brower
Board Members Excused: Fred Braun, Pat Porter
Staff Members Present: Diana McKenney, Michelle Glass
A. Call to Order & Roll Call: The meeting was called to order at 5' 10p.m.
B. Approval of Agenda: Mr. Malston moved and Ms. Steckel seconded approval of the
agenda. It was approved unanimously.
C. Approval of Minutes: Mr. West moved approval of minutes for December and February,
Ms. Steckel seconded. It was approved unanimously.
D. Persons scheduled to be heard: None
E. Correspondence:
1. Gary Freeburg- Donation request for Book Publication - Ms. Glass spoke with Mr.
Gease about this and he says that his understanding is for a commitment to purchase
$1500 worth of the books. The letter doesn't reflect that, so Ms. Glass will call Mr.
Freeburg. None of the Board Members present recall any discussion about this in the
past. Mr. West felt that if we were really in better financial standing, we might be able to
do this. Mr. Van Zee indicated that Ms. Glass should go ahead and clarify the request
and determine the need for inventory. Mr. West indicated it might be a good idea to talk
with Ms. Tart also to see what she remembers.
2. Rieky Gease- Grant agreement with KRA - There are several requirements and
commitments requested to satisfy the grant that seemed to be excessive for a $500 grant.
Many of the requests also did not apply to us. Ms. Glass wrote a response indicating
what we are willing to do. Mr. West indicated that he has received several grants from
them and that. this does seem to be a generic type of request.
F. New Business:
1. Alaska Society of CVB's membership - advantages are advocacy and education for
DMO's. ATIA doesn't really have a voice for DMO's and doesn't include DMO's in
consideration of their decisions and marketing. The society will do a meeting survey list
and meeting planners throughout the state. Their focus is more on what we do instead of
on tourism as a whole. We are currently not members and Mr. Gease had participated at
times. Ms. Glass said that this was an organization that benefited Haines. Due to budget
cuts, many memberships were eliminated. The society has been reorganizing in the last 2
years under a new president and has taken on a new life. Mr. West felt that for major
training or things like that, the Board should be involved with the decision, but for these
types of business decisions, the.Executive Director is free to make those decisions. Ms.
Steckel and Mr. Van Zee agreed.
2. Oilers/Oldtown Bingo Board member- The Old Town Bingo division is a 60/40 split
and we therefore have 2 seats on the Board. Mr. Braun and Mr. Gease were the
members. Ms. Glass is replacing Mr. Gease. Linda Dunn had asked that we find another
member to replace Mr. Braun because he is very busy and hard to reach. Ms. Glass
recommended Mr. Van Zee. Mr. Van Zee is willing to take the position.
3. Donation request from Watershed Council River Festival- They have indicated that
in years past, we had been a major contributor in the form of a cash contribution of
$1000. None of the staff can remember ever participating. Because the festival brings in
4000 people, and it is in Kenai, and they are trying to move it to Soldotna where it can
also be on the fiver, it is worth discussion. Ms. Glass feels that we don't have the cash
flow. Mr. Malston indicated that they do bring in quite a few people and it would be nice
to do something for them, but cash is probably not a good idea. Ms. Glass will tell them
that we will not be able to do cash, but would try to come up with some sort of in-kind
opportunity.
4. Year-end Report- Ms. Glass is considering reducing the size of the year-end report and
putting the money into the membership directory. Thc audience is the City of Kcnai.
Mr. Malston feels that we don't need to do anything near this fancy although we do want
it to look professional. He said that Ms. Tart used to do it on the copy machine. Mr. Van
Zee felt that we should just do something simple in light of budget cuts. Ms. Glass will
kill the fancy annual year-end report, produce a smaller yet adequate version in house and
put the money into the membership directory.
G. Old Business:
1. Thank retiring board members for service- plaques from Ron? - Ms. McKcnncy
will get list of members going offboard to Mr. Malston.
2. Budget meeting with City of Kenai- Ms. Glass has had a meeting with Ms. Snow. She
had a previous meeting with Ms. Snow and Larry Semmcns where he had indicated that
no matter who had requested $80,000; it would not have been submitted. Her subsequent
meeting with Ms. Snow resulted in an increase in thc submission to thc City Council to
$65,000. Ms. Glass wondered if she should lobby council members. She had asked for
Ms. Snow's impressions about how council members view tourism etc. Mr. West felt
that we should to graciously accept thc funding mount this year, but let them know that
we will be back next year again looking for more. He also felt that there is no problem in
letting them know our historical situation and thank them for thc increase. Ms. Glass and
Ms. McKenney updated thc narrative that accompanies thc budget and worded it in such
a way that showed where we have had to make cuts to accommodate thc cuts from thc
City. Ms. Snow reiterated her desire to review thc contract with KCVB. Ms. Snow also
felt that there arc still some questions unanswered concerning thc retail scenario from last
year. She suggested the possibility of should bringing our board together with thc
council to discuss thc contract. Ms. Glass felt that it is a great idea and that we should
find out exactly what thc City expects from us so that we arc clear in meeting their
expectations as well as clear in what their priorities arc in case we need to cut programs
based on diminished funding. Ms. Stcckcl felt that this should happen ASAP. Ms. Glass
agreed because there arc certain things that we need to do like marketing that we can't
because of lack of funding. Especially in light of thc fact that we are having to do things
such as retail in order to subsidize our funding, which is making thc community unhappy.
Ms. Steckcl said that it would be nice to have our city council member present at thc
board meetings and if ours is unavailable, maybe we should have someone sit in. Ms.
Glass has committed to going to a council meeting at least once a month and will bring
that point up. Ms. Brower said that Mr. Bookey had indicated that he would be interested
to be kept abreast of our financial situation and that he would back our attempts to
increase funding. Mr. West feels that this is good for a start because bringing us up to
$80,000 would just bring us up to where we were years ago. Mr. Van Zee agrees it is a
good idea to look at the contract because costs have not gone down and the City needs to
decide what will not be provided as a result. Ms. Glass also felt that it would be a good
educational opportunity for the council. She said that the contract is very genetic and that
after reading it, it is still unclear what their expectations are. She gets the feeling from
Ms. Snow that there seems to be a question among some council members about what
this building is and what we do here and what the benefits to the community are year-
round.
3. Sponsorship update- Board agrees that the Oilers' sign is too expensive and doesn't
meet our marketing needs.
H. Executive Director's Report: Included and packet and mostly covered in the meeting. We
are working on a schema that will smoothly integrate the 4 websites. The 3 new ones are all
scheduled for launching very soon. We hope to maximize the ingenerating possibilities in this
effort.
J. Board Comments:
Mr. Malston asked about Alaska Airlines Magazine. He felt it is a very good magazine. He saw
that Soldotna had a nice ad and wondered why we didn't. He felt it stuck out like a sore thumb
that Soldotna was there and thought it might be good for us as well. Would it possibly be better
than some of the ads we are currently using? Ms. Glass purchased a full-page ad for Haines this
year and feels it is a great magazine and a good one in which to advertise. The Haines ad is just
coming out and she will be checking on the results to determine the effectiveness. Another
magazine Ms Glass is interested in researching for advertisement is the Coastal Living magazine.
At the recent KP~C retreat she mentioned these and hoped they might consider co-op
advertisements for the peninsula in both of these magazines. Ms. Brower felt that the Coastal
Living idea is good for most of the communities on the Peninsula. Ms. Glass thinks that if
KPTMC could be most beneficial if the focus was on destination marketing rather that an
advertisement filled brochure. She doesn't feel that their brochure is the most effective
marketing piece for Kenai, but it is all we have right now for mailing out.
Ms. Brower indicated that not only is our membership directory hard to read, but there were
many inaccuracies.
Ms. Steckel indicates that the B & B Association has just had rack cards made up that have all
the members and we can use that to verify info. She indicated that they seldom get requests via
mail anymore; it all comes via e-mail and phone.
K.. Schedule of Next Board Meeting: April 12, 2003, 5p.m.
L. Adjournment: Ms. Brower moved and Ms. Steckel seconded adjournment of meeting. It
was approved unanimously. The meeting was adjourned at 6:30p.m.
FOR IMMEDIATE RELEASE
March 31, 2004
Contact: Courmey Schikora,
(202) 224-1028
ARCTIC WINTER GAMES RECIEVES $3.35 MILLION
Includes funding for operation, transportation and infrastructure improvements
Senator Ted Stevens (R-Alaska) secured $3.35 million in the Fiscal Year 2004 Omnibus
Appropriations Bill for the 2006 Arctic Winter Games. This bill became public law earlier this year.
In March of 2003 the Arctic Winter Games International Committee announced that the Kenai
Peninsula Borough will host the 19th Arctic Winter Games in March of 2006. The Arctic Winter Games
are a biennial celebration of sport and culture involving the people of the circumpolar region. The 2006
})Games will be the fifth time the state of Alaska has hosted the event. Previous hosts were Anchorage
(1974), Fairbanks (1982, 1988) and Chugiak-Eagle River (1996).
The 2006 Arctic Winter Games will receive the following federal funds:
$750,000 to the Kenai Peninsula Borough for recreation improvements including ice rink
construction in Homer, trail lighting and upgrades on the Tsalteshi Trails and refrigeration and
scoreboard repair in Soldotna.
$1,000,000 in transportation funds that will go to the Homer Hockey Association to improve rink
parking and road access and the City of Soldotna for Sports Center parking and access.
$1,500,000 in funding for buses and bus facilities within the Kenai Peninsula Borough for the
purchase of twenty-one activity buses which the Borough will operate during the Games and
then have for use after the Games.
· $100,000 for professional and cultural program development from the Department of State.
Senator Stevens stated that "The outpouring of support from individuals, corporations and municipalities
has been terrific in setting the stage for the 2006 Arctic Winter Games. By bringing Arctic peoples from
around the globe to the Kenai Peninsula the Arctic Winter Games is able to present some of the best our
State has to offer. I am happy to help support these Games and wish all of the competitors, especially
the Alaskans, the best of luck."
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
MARCH 17, 0.004
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)
ITEM C:
REPORTS OF KPB ASSEMBLY, LEGISLATORS 'AND COUNCILS
ITEM D:
PUBLIC HEARINGS
Xe
Resolution No. 2004-12 -- Awarding a Lease for One Fish Season (May
15, 2004 to September 30, 2004) of Kenai Dock Stations No. 2 & 3 to R &
J Seafood for the Seasonal Base Bid of $23,500 Plus $0.03/lb. Over
783,333 lbs. Plus $400 Per Month for a Special Use Permit for the Boat
Storage Area.
,
Resolution No. 2004-13 -- Awarding a Janitorial Contract for the Kenai
Municipal Airport.
e
Resolution No. 2004-14-- Awarding a Prepaid Calling Card
Machine/Intemet Kiosk Concession for the Kenai Municipal Airport.
.
LIQUOR LICENSE RENEWALS -- PROTEST
a. Alaskalanes, Inc., d/b / a Alaskalanes -- Recreational Site
b. Sandra Jo & Paul M. Vozar, d/b/a Old Town Village Restaurant --
Restaurant/ Eating Place
ITEM E:
COMMISSION/COMMITTEE REPORTS
.
2.
3.
4.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Se
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
Beautification Committee
Kenai Convention & Visitors Bureau Board
Alaska Municipal League Report
Kenai Chamber of Commerce
Arctic Winter Games
ITEM F:
MINUTES
.
*Regular Meeting of March 3, 2004.
ITEM G:
CORRESPONDENC,E.
ITEM H:
OLD BUSINESS
ITEM I:
NEW BUSINESS
le
Bills to be Paid, Bills to be Ratified
e
Purchase Orders Exceeding $2,500
e
,
Approval -- Lease Application / Rockwell G. Smith, d/b / a Preferred
Plumbing & Heating, Lot 11, Etolin Subdivision No. 32
Approval -- Am_endment to Lease/Roger Petrey & Linda Petrey d/b/a
Wings Family Diner -- Space 21 Kenai Municipal Airport Terminal.
ITEM J:
REPORT OF THE MAYOR
ITEM K:
ADMINISTRATION REPORTS,,,
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
ITEM M:
ADJOURNMENT
KENAI CITY COUNCIL- REGULAR MEETING
MARCH 17, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBEI~
http' //www. ci.kenai.ak.us
MAYOR JOHN J. WILLIAMS, PRESIDING
MINUTES
ITEM 1' CALL TO ORDER
,,
Mayor Williams called the meeting to order at approximately 7'04 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-Xo
PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk. Present were:
Joe Moore
John J. Williams, Mayor
Absent was: Pat Porter
Blaine Gilman
James C. Bookey, III
Rick Ross
Linda Swarner
A-3o
AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD AS:
SUBSTI?U?E:
B-l, Persons Scheduled to be Heard -- Kenai Peninsula Hockey
Association Midget "U- 16" Team
1-2, Purchase Orders Excee~g $2,500 -- Addition of purchase
order to Computer Doctors.
ADD TO:
K-l, Manager's Report -- Amendment to KPB Ordinance No.
2003-45 approved at 3 / 16 / 04 Assembly meeting.
ADD AS:
Information Item No. 6, Denali Commission Notice regarding
infrastructure funding.
ADD AS:
Information Item No. 7, 3 / 18/04 KRSMA Advisory Board
Meeting agenda and minutes of 2 / 19 / 04 meeting.
MOTION:
Council Member Bookey MOVED for approval of the amended agenda and Council
Member Swarner SECONDED the motion. There were no objections. SO ORDERED.
CITY COUNCIL MEETING MINUTES
MARCH 17, 2004
PAGE 2
CONSENT AGENDA
MOTION:
Council Member Bookey MOVED to approve the consent agenda as presented and
Council Member Moore SECONDED the motion. There were no objections. SO
ORDERED.
ITEM B:
SCHEDULED PUBLIC COMMENTS
B-Xo
Kenai Peninsula Hockey Association Midget "U-16" Team
Ward Bishop, Coach -- Noted the "U-16" team had won 'the Midget State
Championship and would be traveling to Florida to play in the national championship.
They will be one of 12 teams in their grouping to participate in the championship.
Bishop introduced the members of the team and added their appreciation for the
availab~ty of the Kenai rink for much of their practice time.
ITEM C:
REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
Council Member Bookey reported he had been in Homer during the day where he was
participating in a bluff erosion workshop. Assembly Member Glick was also attending
and requested he report the aircraft flat tax ordinance was amended at the Assembly's
March 16 meeting. The final hearing on the ordinance will be held on April 6. Bookey
also reported the Fandel trespass ordinance was unanimously failed by the Assembly.
ITEM D:
PUBLIC HEARINGS
D-Xo
Resolution No. 2004-12 -- Awarding a Lease for One Fish Season (May
15, 2004 to September 30, 2004) of Kenai Dock Stations No. 2 & 3 to R &
J Seafood for the Seasonal Base Bid of $23,500 Plus $0.03/lb. Over
783,333 lbs. Plus $400 Per Month for a Special Use Permit for the Boat
Storage Area.
MOTION:
Council Member Bookey MOVED to approve Resolution No. 2004-12 and Council
Member Moore SECONDED the motion.
There were no public comments. Council Member Moore stated his interest in
knowing how many pounds had come over the dock last year. City Manager Snow
noted, Public Works Manager Komelis could provide the infomation, however he was
absent from the meeting. Snow added, the bid amount was about the same as last
CITY COUNCIL ME~ING MINUTES
MARCH 17, 2004
PAGE 3
year's bid except the lawn mowing and restroom cleaning was deleted. Additionally,
the contract was for a one-year term.
VOTE:
There were no objections. SO ORDERED
Resolution No. 2004-13 -- Awarding a Janitorial Contract for the Kenai
Municipal Airport.
MOTION:
Council Member Moore MOVED for approve of Resolution No. 2004-13 and Council
Member Bookey SECONDED the motion.
There were no public or council comments.
VOTE:
Council Member Moore requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
D-3.
Resolution No. 2004-14 -- Awarding a Prepaid Calling Card
Machine/Intemet Kiosk Concession for the Kenai Municipal Airport.
MOTION:
Council Member Swarner MOVED for approval of Resolution No. 2004-14 and
requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
D-4.
D-4a.
D-4b.
LI(~UOR LICENSE RENEWAI~ -- PROTEST
Alaskalanes, Inc., d/b/a Alaskalanes -- Recreational Site
Sandra J. & Paul M. Vozar, d/b/a Old Town Village Restaurant --
Restaurant/ Eating Place
Clerk Freas reviewed information included in the packet and noted both parties were
owing the borough in sales and/or property taxes and Alaskalanes was owing the city
for lease payments, plus penalties and interest.
CITY COUNCIL MEETING MINUTES
MARCH 17, 2004
PAGE 4
MOTION:
Council Member Swamer MOVED to direct the Clerk to send letters of protest to the
Alcoholic Beverage Control Board on March 26 if amounts are not brought current
from Alaskalanes, Inc. and Old Town Villa§e Restaurant. Council Member Bookey
SECONDED the motion. There were no objections. SO ORDERED.
ITEM E:
COMMISSION/COMMITTEE REPORTS
E-1. Council on Aging -- Council Member Swarner reviewed information from
the meeting summary which was included in the packet.
E-2. Airport Commission -- Council Member Moore reported the next
meeting was scheduled for April 8, 2004.
W/Il/ams noted the restaurant advertises to be open at 7:00 a.m., however he observed
it was not open when he was recently there early in the morning. Airport Manager
Cronkhite reported the previous restaurant contract directed when it was required to
be open. However, the current contract did not include that directive because it may
not be cost effective for the premise to be open at those times. She added, the
restaurant did not have a large staff and the majority of the closings were due to
illness. Cronkhite stated she would discuss the issue with the city attorney the next
time the contract comes available.
E-3. Harbor Commission -- Council Member Bookey reported the meeting
summary was included in the packet. He added, he, Komelis and two commissioners
from Planning & Zoning and Harbor had attended a bluff erosion workshop in Homer.
He gave a brief summary of the presentations made and indicated he would be
returning to Homer to attend the second day of the workshop in the morning.
Williams requested a joint work session of the Council and Harbor Commission be
held on April 7 prior to the council meeting. He noted, the purpose of the work
session would be to hear a presentation from representatives of Pacific Star Seafoods,
Inc. relating to their plan to expand the operations at the Kenai Packers dock and
premises. He noted, the Clerk will request a written outline of the plan from Pacific
Star for the Council, Commission and administration to review prior to the work
session.
A work session was set for 5:30 p.m., Wednesday, April 7, 2004. A light meal is to be
provided.
Library Commission -- No report.
CITY COUNCIL MEETING MINUTES
MARCH 17, 2004
PAGE 5
E-5. Parks/h Recreation Commission -- Council Member Ross reported the
meeting summary was included in the packet and reviewed items discussed, i.e.
community gardens, appointment of a liaison to the Boys & Gifts Club Board of
Directors; determined the Baron Park property (Dust Bowl) not needed for public use;
and, recommended administration request proposals for a one-day-a-week flea market
operation at the multipurpose facility during the summer.
E-6. Planning/h Zoning Commission -- Council Member Swarner reported
she attended the Commission meeting and noted the minutes were included in the
packet. She added, the Commission recommended approval of the Preferred
Plumbing, discussed the adult-oriented business ordinance, and recommended the
Baron Park property (dust bowl) not needed for public use.
City Manager Snow reported the Commission's recommendation included
Administration to investigate a development plan for the full parcel of the Baron Park
property as they felt it was not appropriate to portion it out in small pieces. She
added, Administration will proceed with the development plan (including how it would
fit in the Comprehensive Plan) and report back to council at their April 7 meeting. She
requested council forward any ideas they may have to her.
The discussion continued with these comments:
· Bookey stated he did not want to piece this 27 acre parcel out and felt
the development plan include access/egress and water/sewer information. He added,
he personally would like to keep the property in one block as there could be need for a
large parcel for future development.
· Swarner stated she would need a lot of evidence to indicate why a small
piece should be sold out of the large parcel.
· Ross stated he would not want to sell a piece from the larger parcel
unless it was part of a development plan.
· Moore agreed with the discussion and requested a more detailed map
with visual landmarks included in the April 7 report.
· Williams stated any plan should include the ballpark; tent camping area;
ingress/egress from the highway and the rear of the property; wetlands; and, the
greenbelt. He added, he envisioned the property to be used for a major box store and
was opposed to cutting one small piece from the large parcel.
Airport Manager Cronkhite noted she was close to completing a Request for Proposals
for a land use plan for the airport (which would be like a comprehensive plan). Since
the Baron Park property is airport lands, the proposal could address the concerns
stated by council. She added, this land use plan would not be completed for several
years, however.
CITY COUNCIL MEETING MINUTES
MARCH 17, 2004
PAGE 6
Consensus of council was to not proceed with the requested sale and directed
adrn~nistration to do nothing at this time.
Williams noted the letter of resignation from Commissioner Ron Goecke and requested
a thank-you letter be prepared.
E-7. Miscellaneous Commissions and Committees
E-Ta. Beautification Committee -- Swarner reported there was no quorum £or
the scheduled March 9 meeting.
Kenai Convention ~ Visitors Bureau Board-- No report.
E-7c. Alaska Municipal League Report -- Williams stated he planned to
attend the AML spring meeting in Juneau in April. It was noted there had been no
response from AML to the City's letter of invitation to hold the summer AML/Alaska
Conference of Mayors meeting in Kenai.
A copy of the recent state sales tax bill was distributed to council and a brief
discussion relating to the bill took place. Because of the effect a state sales tax would
have on the ability for the city to levy its sales tax, administration was requested to do
an analysis for council in the morning prior to the Finance Committee's
teleconference. Also, because of the short amount of time to review, etc., council
suggested the Peninsula delegation be contacted and asked to suggest action be held
on the bill in order to allow municipalities, etc. to review the bill more closely and
formulate opinions. Snow stated she had been contacted by Senator Wagoner who
requested an opinion from council. Council indicated they wanted the Legislature to
"wait" on their action. Swarner suggested council email their concerns to Senator
Wagoner and their suggestion to "wait" as well.
F~7d. Kenai Chamber of Commerce -- T~m_ Navarre, Chamber President
reported the following items:
· The economic development strategy group will hold an all-day session on
April 3. The process is progressing very well.
Harold Heinze spoke at the Chamber meeting regarding natural gas
concerns. The Chamber will try to be more active on oil and gas issues, including the
gas pipeline discussions.
He met with the lessees of the airport caf6 regarding the Chamber selling
pull tabs in the facility. He noted, the pull tabs would be sold in a positive manner,
along with magazines, sodas, coffee, etc. Navarre added, he believed this would be
beneficial to the Chamber and community through the traveling public.
· He noted, if a state sales tax is established, emphasis should be made
with regard to the borough continuing collection for the Peninsula which would protect
many jobs at the borough level now involved in sales tax collection.
CITY COUNCIL MEETING MINUTES
MARCH 17, 2004
PAGE 7
D-7e. Arctic Winter Games -- Council Member Moore noted several past
meeting minutes were included in the packet for council review.
Council Member Bookey gave a brief report on his participation at the recent Arctic
Winter Games in Wood Buffalo, Alberta, Canada, noting he planned to make a
presentation at the council's April 7 meeting. The Games cora__n~ttee would meet again
on March 25.
Williams referred back to the Parks & Recreation Commission portion of the agenda
and noted an application for placement on the Commission from Ryan Mills was
included in the packet. Williams stated his recommendation for Mills' appointm_ent
due to his employment and knowledge and familiarity of the cemetery. Council had no
objections.
ITEM F: MINUTES
F-1.
Regular Meeting of March 3, 2004-- Approved by consent agenda.
ITEM G:
CORRESPONDENCE-- None.
ITEM H:
OLD BUSINESS-- None.
ITEM I:
NEW BUSINESS
I-1o
Bills to be Paid, Bills to be Ratified
MOTION:
Council Member Bookey MOVED to pay the bills. Council Member Swarner
SECONDED the motion and requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
Purchase Orders Exceeding $2,500
MOTION:
Council Member Bookey MOVED for approval of the substitute list of purchase orders
exceeding $2,500 and Council Member Swarner SECONDED the motion.
Finance Director Semmens noted the substitute list included increasing funds to the
current purchase order for Computer Doctors which should encompass costs for
another year. He explained, Computer Doctors handles repair work and minor
CITY COUNCIL MEETING MINUTES
MARCH 17, 2004
PAGE 8
problems. Semmens also reported the costs to both computer technician companies
the city uses is less than $15,000 a year.
VOTE:
There were no objections. SO ORDERED.
Approval -- Lease Application / Rockwell G. Smith, d/b / a Preferred
Plumbing & Heating, Lot 11, Etolin Subdivision No. 3.
Administration had no additional information or comments other than what was
included in the packet.
MOTION:
Council Member Bookey MOVED for approval the lease application to Rockwell G.
Smith, d/b/a Preferred Plumbing & Heating, Lot 11, Etolin Subdivision No. 3. Council
Member Moore SECONDED the motion. There were no objections. SO ORDERED.
Approval -- Amendment to Lease/Roger Petrey & Linda Petrey d/b/a
Wings Family Diner -- Space 21 Kenai Municipal Airport Terminal.
MOTION:
Council Member Gilman MOVED to approve the amendment to lease. The motion
died due to a lack of a second.
ITEM J: REPORT OF TIiE MAYOR -- Mayor Williams reported the
following:
· He attended a meeting with University of Alaska President Hamilton at
which the plan for dormitory space was discussed, among other issues.
He gave a brief overview of his meetings with the congressional
delegation relating to the bluff erosion/restoration project (the project needs to be
"authorized" by Congress), North Road extension to Pt. Possession, etc. during his
recent trip to Washington, DC to attend the NLC Congressional Cities Conference. He
also met with representatives from HUD regarding the "difficult to develop"
designation. He reviewed the cost and time line information relating to the bluff
erosion/restoration project which was included in the packet.
ITEM K:
ADMINISTRATION REPORTS
K-1. City Manager-- City Manager Snow reported the following:
· Referring to a memorandum regarding the Baron Park purchase request,
she noted Council gave direction earlier in the meeting.
CITY COUNCIL ME~ING MINUTES
MARCH 17, 2004
PAGE 9
· The department head reports were included in the packet. She noted the
Parks & Recreation report discussed a $20.00 fee was planned to be charged for
community garden plots, and the Parks & Recreation Commission recommended the
fee waived or an exemption granted to seniors. Snow added, she wanted council to be
aware the estimated cost for maintaining the community garden area would not be
covered by the fees collected.
· A memorandum regarding amendments made to the Borough Ordinance
No. 2003-45 relating to an aircraft flat tax was added to the agenda. Finance Director
Semmens reviewed the ordinance and amendments with council. He added, with the
City's investments of the float plane basin and airport, and because of the loss of taxes
due to owners moving their aircraft from the airport in order to not pay taxes on the
equipment, he believed it would be economically good for the city to support the
ordinance and if it passes, to bring a similar ordinance to council for consideration.
Semmens requested authorization from council to attend the April 6, 2004 Borough
Assembly meeting and testify in support of the ordinance.
A lengthy discussion followed in which council noted comments, including:
* Through the years there has been a desire expressed to have a tax
structure equal to the Borough, however, if this ordinance is passed, the council will
need to consider amending the city code so not to double tax the aircraft owners.
· Though there will be approximately $7,000 less tax income to the city
through the borough ordinance, the possibility of new businesses coming into the city
to service airport operations will make up for the loss as well as the number of aircraft
that could be brought back into the city and borough.
· Wait until it is known whether the Borough ordinance is passes before
council begins discussing changing its code to a similar taxing structure.
· Be aware there may be others who will come forward for s~i!ar tax rate
changes.
· A $100,000 exemption was suggested for any changes made to the city
code.
Williams stated he understood it was council's consensus to authorize Finance
Director Sem~ens to testify for the City of Kenai in support of Borough Ordinance No.
2003-4S. There were no objections stated by council.
Williams noted the letter of request for donations from the KCHS After-Prom
Committee included in the packet. It wa~ noted, there were no funds included in the
Legislative budget for a donation and their use of the Recreation Center is included in
the city's agreement with Boys & Girls Club.
K-2. Attorney-- City Attorney Graves noted the adult entertainment
ordinance was progressing through Planning & Zoning who would be holding a public
CITY COUNCIL MEETING MINUTES
MARCH 17, 2004
PAGE 10
hearing on their resolution on April 28. He expected the ordinance to be before
council in early May.
City Clerk-- No report.
ITEM L: DISCUSSION
L-1. Citizens
Tim Navarre -- Stated his disappointment there was no support for the motion to
amend the Wings C/fid lease at the airport and no discussion on the issue. Comments
were offered by council individually and included:
· Ross stated he would not support selling pull tabs for the Chamber or
any other group as allowing the selling of pull tabs by one group would then open the
ability for any of the businesses to do the same.
· Bookey stated he had a philosophical objection in allowing pull tab
activities taking place in any city building as he did not feel they are appropriate
places for this activity.
Moore stated he had a financial conflict to the issue.
Swarner stated she did not feel it was the best use of the space at the
Gilman stated he supported the activity.
Williams stated he had been out of town.
L-2. Council
Bookey-- No comments.
Swarner-- Reported the following:
· Visited the Kenai Landing facility and heard positive remarks from the
owner relating, to working with Administration and doing business in Kenai.
· She has been invited to be a judge for the "Caring for the Kenai" contest
as she has done for several years. In the past, the city has donated a gift certificate to
the Teen Center for the entrant representing a project pertaining to Kenai. She added,
it was suggested the Mayor give the person a certificate and take him/her to lunch.
· She will be attending Healthy Communities steering committee meetings
as a representative from the Food Bank and as the city's representative. The next
meeting is April 1.
Moore -- Thanked council for the K.P.H.A. team's reception at the council
meeting.
CITY COUNCIL MEETING MINUTES
MARCH 17, 2004
PAGE 11
Gilman -- Noted he would attend the Senate Finance teleconference hearing
regarding a state sales tax and testify the bill should at least include a cap to allow
municipalities to impose a cap. Attorney Graves added, in his review of the bill, it
would control the city's ability to levy sales tax, especially with a cap. Williams stated
he believed the state sales tax would be very unfair to all municipalities in the state.
Ross -- Congratulated Council Member Moore for his causing the city's support
of the KPHA team.
Williams -- Reported he had heard discussions in Washington, DC and at the
borough level relating to the development of a gold mine on the lower peninsula. He
noted, it could be the largest single project in the borough and a great deal of the
needed infrastructure to support the project will be located in the Peninsula.
F.~ECUTIVE SESSION- None Scheduled
ITEM M:
ADJOURNMENT
The meeting adjourned at approximately 10:13 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
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Suggested by: Councilwoman Porter
CITY OF KENAI
ORDINANCE NO. 2037-2004 ·
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 23.40.080 TO PROVIDE FOR A FIVE YEAR MAXIMUM PERIOD OF
REEMPLOYMENT FOR THOSE PERSONS PARTICIPATING IN THE PERS OPT-OUT
AND REMPLOYMENT PROVISIONS OF AS 39.35.150(B).
WHEREAS, in 2001 the Alaska Legislature enacted AS 39.35.150(b) that allows
persons who take normal retirement in the PERS system to be re-employed by the
state or a municipality participating in the PERS system while keeping their retirement
benefits; and,
WHEREAS, the option allowed under AS 39.35.150(b) expires in June 30, 2005.
Therefore, persons eligible for normal retirement after June 30, 2005 are not eligible
under AS 39.35.150(b); and,
WHEREAS, re-employment of persons participating in AS 39.35.150(b) will save the
city thousands of dollars per employee per year since the city will not have to pay
PERS or medical insurance for the re-employed workers; and,
WHEREAS, adding a five-year limitation on re-employment for persons participating in
AS 39.35.150(b) will save the city money on personnel costs while limiting the
disparity in treatment in those eligible for retirement before and after June 30, 2005.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 23.40.080 is amended as follows:
KMC 23.40.080 Retirement
1_~ Employees are required to participate in the State Public Employees
Retirement System (PERS) unless the employee participates in the opt-
out provision of AS 39.35.150(b). See PERS Handbook for details.
{b) An employee who participates in the opt-out provisions of AS
39.35.150{b) shall work no more than five years in any capacity_ after the
date of his/her reemployment with the City. This section does not
prohibit a former employee from serving as a council, commission or
committee member.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21~t day of April,
2004.
ATTEST:
Carol L. Freas, City Clerk
JOHN J. WILLIAMS, MAYOR
Introduced:
Adopted:
Effective:
April 7, 2004
April 21, 2004
May 21, 2004
April 2004
MEETING $¢HEbULE
]1
Library Commis-
sion, 7p, Coun-
cil Chambers
COUNCIL MEET-
ING, 7p, Coun-
cil Chambers
]4
Planning &
Zoning Commis
sion, 7p, Coun-
cil Chambers
COUNCIL MEET-
ING, 7p, Coun-
cil Chambers
Planning &
Zoning Commis
sion, 7p, Coun-
cil Chambers
8
Airport Commis-
sion, 7p, Coun-
cil Chambers
Printed by Calendar Creator Plus on 10/27/2003
I?
24
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,.
DRAFT BUDGET WORKSESSION SCHEDULE
April 12, 2003
CITY COUNCIL CHAMBERS 6:00-9:00 P.M.
Budget Overview
City Manager/Finance Director
Council Policy Discussion on Revenue
General Fund
Water & Sewer Fund
Airport Fund
Department Budgets
Page
Legislative Council
· pg: x
Debt Service Fund
Permanent Funds
General Land Trust Fund
Airport Land Trust Fund
Larry Semmens
pg: x
pg: x
pg: x
April 15, 2003
CITY COUNCIL CHAMBERS 6:00-9:00 P.M.
Airport Funds: Rebecca Cronkhite
Airport Land System Special Revenue Fund
Admin/M&O/Land
Airport Terminal Enterprise Fund
pg: x
pg: x
Senior Citizen Funds
Senior Citizens Title IH Grant Fund
Choice Waiver Fund
Senior Citizens Borough Grant Fund
Congregate Housing Enterprise Fund
Raehael Craig
pg: x
pg: x
pg: x
pg: x
Water & Sewer Fund
Water
Sewer
Sewer Treatment Plant
General Fund
Safety
Streets
Street Lighting
Dock
Keith Komelis
pg: x
pg: x
Keith Komelis
pg: x
pg: x
pg: x
pg: x
pg: x
Recreation
Parks
Beautification
Bob Frates
pg: x
pg: x
pg: x
April 19, 2003
CITY COUNCIL CHAMBERS 6:00- 9:00 P.M.
General Fund
Library Ewa Jankowska pg: x
Fire Scott Walden pg: x
Police Chuck Kopp pg: x
Communications pg: x
Animal Control
Planning & Zoning Jack LaShot pg: x
Public Wrks. Admin. pg: x
Shop pg: x
Buildings pg: x
Legal Cary Graves pg: x
City Manager Linda Snow pg: x
Land Admin. Linda Snow pg: x
Non-Departmental Snow/Scmmcns pg: x
Finance Larry Semmcns pg: x
Clerk Carol Freas pg: x
Visitors Center
Equipment Replacement Fund Schedule
Wrap up
pg: x
pg: x
pg: x
Hello Kenai City Council,
My name is Richard Warrington; I'm from Kenai.
I have come up with a special event to do during election year.
That is for Candidates to attend and participate in the Brain Injury
Awareness Walk and Bar-B-Q on Saturday June 5th.
This walk would be like the walks over the years for Candidates that have
been in the Cancer and Heart walks.
Just Brain Injury is the number one killer and disabler across the nation, This
walk is part of Public Law 104-166 the Awareness and Prevention of
Traumatic Brain Injury.
In fact, according to the World Health Organization. There have been more
American fatalities from Head Injury in the past twelve years than in all the
wars in which the United States has fought. There are over five million
survivOrs around the nation and Alaska has the most Amount of injuries
each year.
The walk is only once a year and is a fund raising walk like the Cancer and
Heart walks are.
Just we use the funds to cover the expense of the paper and printing needed
to make presentations about Brain Injury and to purchase Helmets for our
Helmet program and support the survivors at the support group meetings.
Candidates in this event would show their support in some knowledge in this
type of injury and come up with things to prevent it and support the
assistants to survivors in the area There is not many places around the state
yet that knows about this type of injury.
A Brain Injury happens every 21 seconds, The National Brain Injury
Association of America found out last year that the injuries changed from
happening every 15 seconds to every 21 seconds, that is fi'om all the
presentatiOns and knowledge going around on this type of injury, That is
why we need more places and people from all walks of life to look into this
type of injury. We are trying to get more time between each injury to be
more apart all the time, and get more help to the survivors in the state.
Brain Injured in New Hampshire is getting more assistants, that is from all
City and State Government that have personally started looking into this
type of injury.
All of the State Legislators have gotten a letter about this event, trying to get
people from Cities to be part of the event also.
We have been having the City and Borough Mayor's in the walk with us
each year, even the City Fire department, this is going to be the eighth
Annual walk.
Would like to get more City- Community connected people to do the walk
with us also, To support the Awareness and help on preventing and
supporting survivors in the area.
You don't see anything on TV about Brain Injury, But I'm thinking if there
was Representatives and more people from the Cities and Borough in this
event then it would be on TV.
Please let me know if you want any more information about it.
Hope to see more people with us, this year.
Sincerely,
Richard Warrington
283-5711
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
.,
FAX 907-283-3014 ~
MEMORANDUM
TO:
FROM'
DATE:
REe
Mayor and Council Members
Carol L. Freas, Ci~l~r~)
April 2, 2004
PUBLIC IMPROVEMENTS AND SPEC/AL ASSESSMENTS
In September, council requested a letter be sent in six months to the property owners
in the McCollum/Aliak area as well as others who expressed interest (Set Net Drive
and Ames Street), asking whether they are still interested in forming an assessment
district for street improvements through their subdivision. During that same meeting,
you briefly discussed the possibility of including a bond proposition on the October
ballot to fund street improvements projects.
Attached is a draft letter for your review.
Is the wording of the attached letter satisfactory and do you want the letter
forwarded to property owners on McCollum/Aliak~ Ames Street, and Set 1Vet
Drive?
April 8, 2004
RF,: PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Several months ago, you expressed interest or made inquiries relating to public
improvements (paving, curbs, gutters, etc.) to your subdivision. At that time, the
Kenai City Council indicated their interest in proceeding with street improvement
projects through the formation of special assessment districts if funding was received
from the Alaska Legislature for road projects. As you are aware, funds were not
received and new street improvement projects were shelved.
As a result, the Council discussed the possibility of including a bond proposition on
the October ballot to cause funding to be available for street improvement projects in
the city. However, before they proceed with the preparation of a bond proposition,
they would like some indication of whether you remain interested in fo ~rr~iug an
assessment district for street improvements in your subdivision.
We have enclosed a seN-addressed postage paid postcard with this letter. Please mark
the statement which best suits your interest and return the postcard by May 5, 2004.
The information will then be presented to the council for their review and
consideration. The issue will be discussed at a council meeting following May 5, 2004.
Thanks very much for your cooperation. We look forward to hearing from you.
CITY OF KENAI
Carol L. Freas
City Clerk
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INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
APRIL 7, 2004
,,
3/24/04 U.S. Army Corps of Engineers/Public Notice of Application for Permit -
- Deep Creek, Anchor River, Resurrection River & Kenai River.
.
3/18/04 Senator Gary Wilken thank-you letter regarding City of Kenai
Resolution No. 2004-10 (requesting adequate funding for Fish & Game).
.
Kenai Community Library postcard comments.
,
2/04 Kenai Multipurpose Facility Activity Report
,
2004 Lease Renegotiations
,
3/04 Resource Development Council for Alaska, Inc., Resource Review.
e
3/04 Kenai Municipal Airport, Monthly Passenger Enplanement Activity Report.
e
3/31/04 Public Works Department, Project Status Report.
,
10.
4/16 / 04 Peninsula Opportunities Forum flyer.
4/6 / 04 Kenai Peninsula Borough Assembly Meeting Agenda.
Public. Notice
US ~ Co~t3~
of Ap.pi icatiOn
for Permit
Regulatory Branch (1145b)
Post Office Box 6898
Elmendorf AFB, Alaska 99506-6898
PUBLIC NOTICE DATE: 24 March 2004
CITY CLER
EXPIRATION DATE:
22 April 2004
REFERENCE NUMBERS: POA-2003-1130-4
POA-2003-1133-4
POA-2003-1134-4
POA-2003-1135-4
POA-2003-1143-4
POA-2003-1145-2
WATERWAYS:
Deep Creek
Anchor River
Resurrection River
Kenai River
Interested parties are hereby notified that applications have been received for
Department of the Army permits for certain work in waters of the United States as
described below and shown on the attached plans.
APPLICANT: Alaska Department of Transportation and Public Facilities, P.O. Box
196900, Anchorage, Alaska 99519-6900.
LOCATION, WORK, AND PURPosE: In October through December 2002, in response to
flooding events on the Kenai Peninsula, the applicant (ADOT&PF) performed work at
seven project sites, as described in the following paragraphs. As explained in
the "Additional Information" paragraph below, much of this work was either exempt
from DA regulation or authorized by Nationwide Permit #3. Any fill or riprap.
placed in waters of the U.S., beyond the minimum necessary to restore and protect
the original structures involved, requires additional authorization if it is to be
retained.
DA Reference Number POA-2003-1130-4 (ADOT Site #6A) is located on Deep Creek at
.
and upstream of the Sterling Highway MP 162 bridge near Ninilchik,. Alaska; within
sections 3 and 4, T. 2 S., R. 14 W., Seward Meridian; latitude 60°01'51" north,
longitude 151°40'54'' west; USGS Quad Kenai A-5. Work included restoration and
armoring of bridge approaches'and abutments, road embankments, and waysides. A
total of 8,058 cubic yards (CY) of Class II and III riprap was placed along 1,387
linear feet of stream bank The volume of riprap includes that placed both above
and'below ordinary high water (OHW). The purpose of the work was to abate
erosion, salvage remaining highway embankment and wayside facilities, and protect
against damage.
future
DA Reference Number POA-2003-1133-4 (ADOT Site #13A) is located at the Blackwater
Bend Bridge.on the South Fork Anchor River at MP 161 of the Sterling Highway near
AnChor Point, Alaska; within section 13, T. ~5 S., R. 15 W., Seward Meridian;
latitude 59044'50'' north, longitude 151°45'17" west; USGS Quad Seldovia C-5. Work
included replacement of bridge approaches, abutments, and an earthen containment
dike upstream of. the bridge. A total of 2,489 CY of Class II and III riprap was
placed along 420 linear feet of stream bank. The volume of riprap includes that
placed both above and below OHW. The purpose of the work was to restore the
highway bridge and to protect the bridge from further erosion by reconstructing
the river containment dike.
DA Reference Number POA-2003-1134-4 (ADOT Site #14) is located on the South Fork
Anchor River at MP 162 of the Sterling Highway near Anchor Point, ~Alaska; within
section 13, T. 5 S., R. 15 W., Seward Meridian; latitude 59°44'07" north, longitude
151°44'17" west; USGS Quad Seldovia C-5. Work included armoring 525 feet of
highway embankment with 2,644 CY of Class II and III ~iprap. The volume of riprap
includes that placed both above and below OHW. The purpose of the work.was, to
maintain a safe highway embankment and prevent further~erosion.
DA Reference Number POA-2003-1135-4 (ADOT Site #15) is located on the South Fork
Anchor River at MP 162.2 of the Sterling Highway near Anchor Point, Alaska; within
section 18, T. 5 S., R. 14 W., Seward Meridian; latitude 59°44'01'' north, longitude
151043'59" west; USGS Quad Seldovia C-5. Work included armoring 250 feet of
highway embankment with 2,080 CY of Class II and. III riprap. The volume of riprap
includes that placed both above and below OHW. The purpose of the work'was to
restore the highway embankment and to stabilize it against further erosion.
DA Reference Number POA-2003-1143-4 (ADOT Site ~26) is located on the Resurrection
River along Exit Glacier Road near Seward, Alaska; within section 27, T. 1 N., R.
1 W., Seward Meridian; latitude 60°09'15'' north, longitude 149°26'12" west; USGS
Quad Seward A-7. Work included armoring 500 linear feet of riverbank.with 3,000
CY of Class III and IV riprap. The volume of riprap includes that placed both·
above and below OHW. The purpose of the work was to restore the highway
embankment and to stabilize it against further erosion.
DA Reference Number POA-2003-1143-4 (ADOT Site #28) is located on the Resurrection
RiVer along Exit Glacier Road near'Seward, Alaska; within section 27, T. 1 N.,' R.
1 w., Seward Meridian; latitude 60009'42'' north, longitude 149°27'01'' west; USGS
Quad Seward A-7. Work included armoring 800 linear feet of riverbank with 4,000
CY of Class III and IV riprap. The volume of riprap includes that placed both
above and below OHW. The purpose of the work was to restore the highway
embankment and to stabilize it against further erosion.~
DA Reference Number POA-2003-1145-2 (ADOT Site #30) is located on the Kenai River
at MP 55 of the Sterling Highway near Cooper Landing, Alaska; within section 36,
T. 6 N., R. 4 W., Seward Meridian; ~latitude 60°29'15'' north, longitude 150°00'18"
west; USGS Quad Seward B-8. Work included armoring 600 linear feet of riverbank
with 2,667 CY of Class III and IV riprap. The volume of riprap includes that
placed both above and below OHW. The purpose of the work was to restore the
highway embankment and. to stabilize it against further erosion·
ADDITIONAL INFORMATION: Portions of the aforementioned work are exempt from DA
jurisdiction per 33 CFR 323.4 (a) (2), which allows "emergency reconstruction of
recently damaged parts of currently'serviceable structures", but "does not include
any modification that changes the character, scope, or size of the original fill
des ign."
-2-
In addition, Nationwide Permit 3 (33 CFR 330 Appendix A, paragraph B.3) authorizes
"the repair, rehabilitation, or replacement of those structures or fills destroyed
~ or damaged by storms, floods, or discrete events ..." Included in this are
other
·
"minor deviations in the structure's configuration or filled area including those
·
due to changes in materials, construction techniques, or current construction
codes or safety standards ... provided the adverse.environmental effects are
minimal." This public notice is for those portions of the work that do not fall
under the exemption or Nationwide Permit. Comments are welcome on any of the work
that you feel does not qualify for the exemption or Nationwide Permit as described
above.
Point of contact for ADOT&PF is Ms. Carol Sanner, telephone (907) 269-0531.
MITIGATION: ADOT&PF proposes, within the constraints of' maintenance and highway
sight distance requirements, to revegetate slopes above riprap. The purpose is to
reestablish riparian vegetation by transplanting native woody vegetation and
seeding with native grasses. Typical cross sections are included in the attached
plans'
To mitigate future flood damage risks in the region, a bridge replacement projeCt
is currently in design for Stariski Creek at MP 150 of the Sterling Highway. The
project will be funded by FHWA Emergency Relief Funds.
WATER QUALITY CERTIFICATION: Permits for the described work will not be issued
until certifications or waivers of certification, as r. equired under Section 401 o'f
the Clean Water Act (Public Law 95-217), have been received from the Alaska
Department of Environmental Conservation.
COASTAL zONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal Zone,
Management Act of 1972, as amended by 16 U.S.C. 1456(c) (3), requires the applicant
to certify that the described activities affecting land or water uses in the
Coastal Zone complies with the Alaska Coastal Management Program. Permits will
not be issued until the Office of Project Management and Permitting, Department of
Natural Resources has concurred with the applicant's certification.
PUBLIC HEARING: Any person may request, in writing, within the comment period
specified in this notice, that a public hearing be held to consider these
applications. Requests for public hearings shall state, with particularity,
reasons for holding a public hearing.
CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources
Survey (AHRS) has been consulted for the presence or absence of historic
properties, including those listed in or eligible for inclusion in the National
Register of Historic Places. Properties in the project vicinities include KEN-
0004 and SEL-0019. Because the properties have.been determined to be outside the
project areas, no further action is required. Consultation of the AHRS
constitutes the extent of cultural resource investigations by the District
Engineer at this time. This application is being coordinated with SHPO. Any
comments SHPO may have concerning presently unknown archeological or historic data
that may be lost Or destroyed by work under the requested permit will be
considered in our final assessment of the described work.
TRIBAL CONSULTATION: The Alaska District fully supports tribal self-governance
and government-to-government relations between the Federal government and
Federally recognized Tribes. This notice invites participation by agencies,
Tribes, and members of the public in the Federal decision'making process.
-3-
In addition, Tribes with protected rights or resources that could be significantly
affected by a proposed Federal action (e.g., a permit decision) have the right to
consult with the Alaska District on a government-to-government basis. Views of
each Tribe regarding protected rights and resources will be accorded due
consideration in. this process. This Public Notice serves as notification to the
Tribes within the area potentially affected by the proposed work and invites 'their
participation in the Federal decision-making process regarding the protected
Tribal right or resource. Consultation may be initiated by the affected Tribe
upon written request to the District Engineer during the public comment period.
ENDANGERED SPECIES: No threatened or endangered species are known to use .the
project areas. Preliminarily, the described activities will not affect threatened
or endangered species, or their critical habitat designated as endangered or
threatened, under the Endangered Species Act of 1973 (87 Stat. 844). These
applications are being coordinated with the U.S. Fish and Wildlife Service and the
National Marine Fisheries Service. Any comments they may have concerning
endangered or threatened wildlife or plants or their critical'habitat will be
considered in our final assessment of the described work.
ESSENTIAL FISH HABITAT: The proposed work is being evaluated for possible effects
to Essential Fish Habitat (EFH) pursuant to the Magnuson Stevens Fishery
Conservation and Management Act of 1996 (MSFCMA), 16 U.S.C. et seg and associated
federal regulations found at 50 CFR 600 Subpart K. The Alaska District includes
areas of EFH as Fishery Management Plans. We have reviewed the January 20, 1999,
North Pacific Fishery Management Council's Environmental Assessment to locate EFH
area as identified by the National Marine Fisheries Service (NMFS).
We have determined that the described activities may adversely affect EFH for
juvenile/adult salmon. This public Notice initiates, consultation requirements
with the NMFS under the MSFCMA. We have insufficient information at this time to
assess the cumulative effects of the proposed work on EFH, but cumulative effects
will be considered'in our final assessment of the described work. Any
conse~nration, recommendations regarding EFH for federally managed fish will also be
considered in our final assessment of the described work. These projects may also
adversely affect associated, species such as major prey or predator species which
are not covered by Fishery Management Plans.
SPECIAL AREA DESIGNATION: Project Number POA-2003-1130-4 (ADOT Site #30) .is
located within the Kenai River Special Management Area.
EVALUATION: The decision whether to issue a permit will be based on an evaluation
of the probable impacts including cumulative impacts of the proposed activity and
its intended use on the public interest. Evaluation of the probable impacts,
which the proposed activity may have on the public interest, requires a careful
weighing of all the factors that become relevant in each particular case. The
benefits, which reasonably may be expected to accrue from the proposal, must be
balanced against its reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so, the conditions under which it will be allowed to
occur, are therefore determined by the outcome of the general balancing process.
That decision should reflect the national concern for 'both protection and
utilization of important resources. All factors, which may be relevant to the
proposal, must be considered including the cumulative effects thereof.. Among
those are conservation, economics, aesthetics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards, floodplain
values., land use, navigation, shore erosion and accretion, recreation, water
-4-
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general,
the needs and welfare of the people. For activities involving 404 discharges, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agency's 404(b)(1) guidelines.
Subject to the preceding sentence, and any other applicable guidelines or criteria
(see Sections 320.2 and 320.3), a ~ermit will be granted unless the District
Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State, and
local agencies and officials; Indian Tribes; and other interested parties in order
to consider and evaluate the impacts of this proposed activity. Any comments
received will be considered by the Corps of Engineers to determine whether to
issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects, and the other public
interest factors listed above. Comments are used in the preparation of an
Environmental Assessment and/or an Environmental Impact Statement pursuant to the
National Environmental Policy Act. Comments are also used to determine the need
for a public hearing and to determine the overall public interest of the proposed
activity.
Comments on the described work, with the reference number, should reaCh this
office no later than the expiration date of this Public Notice to become part of
the record and be considered in the decision. Please contact Mr. Don Kuhle at
(907) 753-2724, toll free from within Alaska at (800) 478-2712, or by email at
don.p.kuhle@poa02.usace.army.mil if further information is desired concerning 'this
notice.
.AUTHORITY: These permits will be issued or denied under the following
(X) Perform work in or affecting navigable waters of the. United States -
Section 10 Rivers and Harbors. Act 1899 (33 U.S.C. 403). Of the projects included
in this Public Notice, only POA-2003-1130-4 (ADOT Site #30) is subject to Section
10 jurisdiction.
:
(X) Discharge dredged or fill material into waters of the United States -
Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest
review will consider the guidelines set forth under Section 404 (b) of the Clean
Water Act .(40 CFR 230). All of the projects included in this Public Notice are
subject to Section 404 jurisdiction.
A plan, Notice of Application for Certification of Consistency with the Alaska
Coastal Management Program, and Notice of Application for State Water Quality
Certification are attached to this Public Notice.
Attachments
District Engineer
U.S. Army, Corps of Engineers
-5-
VICINITY MAP
6A
0.0 1.0
IN MILES
NINILCHIK RIVER, 'VILLAGE AND. BEACH ROAD
Vicinity Map
POA-2003-1130-4 (ADOT Site 6A)
LOCATION'MAP
BETHEL
CANADA
PROJECT
LOCATIOH$
JUNEAU
KENAI PENINSULA FLOOD
GROUP
NEAR: ANCHOR POINT, ALASKA
BY:
ADOT&PF
P.O. BOX 196900
ANCHORAGE, AK 99519
Sheet 1 of 5 Date: 2/02/0~
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Genero~ Notes
1. See Typical. #1 For
Revege-I:ation Detaits
As_Built "
POA-2003-1134-4 (ADOT Site 14) ·
All dimensions in feet unless otherwise noted
Kenoi Peninsula Flood Repair, 2004
AK DOT&PF
As-built:
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DA File # 4-2005-1154
Dote: 1 - 12- 2004
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General Notes
1. See Typical #2 For
Revegetation Details
As-Built
POA-2003-1135-4 (ADOT Site 15)
All dimensions in feet unless otherwise noted
Kenai Peninsula Flood Repair
AK DOT&PF
As-built:
SI
DA File # 4-2003-1135
Date: 1-20-2004 Sheet 1 of'2
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FRANK H. MURKOWSKI, GOVERNOR
STATE OF ALASKA
OFFICE OF THE GOVERNOR
DEPT.. OF ENVIRONMENTAL CONSERVATION
DIVISION OF WATER
401 Certification Program
Non-Point Source Water Pollution Control Program
NOTICE OF APPLICATION
FOR
STATE WATER QUALITY CERTIFICATION
Any applicant for a federal license or permit to conduct an activity that might result in a
discharge into navigable waters, in accordance with Section 401 of the Clean Water Act of 1977
(PL95-217), also must apply for and obtain certification from the Alaska Department of
Environmental Conservation that the discharge will comply with the Clean Water Act, the
Alaska Water Quality Standards, and other applicable State laws. By agreement between the
U.S. Army Corps of Engineers and the Department of Environmental Conservation, application
for a Department of the Army permit to discharge dredged or fill material into navigable waters
under Section 404 of the Clean Water Act also may serve as application for State Water Quality
Certification.
. Notice is hereby given that the application for a Depamnent of the Army Permit described in
the Corps of Engineers' Public Notice No. POA-2003-1130-4~ POA-2003-1133-4~ POA-2003-
! 134-4~. POA-2003-1135-4~ POA-2003-1143-4~ POA-2003-1145-2~ Deep Creek~ Anchor
River~ Resurrection River~ Kenai River~ serves as application for State Water Quality
Certification from'the Department of Environmental Conservation.
After reviewing the application, the Department may certify that there is reasonable assurance
that the activity, and any discharge that 'might result, will comply with the Clean Water Act, the
Alaska Water Quality Standards, and Other applicable State laws. The Department also may
deny or waive certification.
Any person desiring to comment on the project with respect to Water Quality Certification may
submit written comments within 30 days of the date of the Corps of Engineer's Public Notice to:
Department of Environmental Conservation
WQM/401 Certification
555 Cordova Street
Anchorage, Alaska 99501-2617
Telephone: (907) 269-7564
FAX: (907) 269-7508
FRANK H. MURKOWSKI, GOVERNOR
STATE OF ALASKA
OFFICE OF THE GOVERNOR
DEPARTMENT OF NATURAL RESOURCES
OFFICE OF PRO3ECT MANAGEMNT AND PERMZ'iTZNG
ALASKA COASTAL ZONE MANAGEMENT
550 WEST 7TM AVENUE, SUITE 1660
ANCHORAGE, ALASKA 99501-3568
NOTICE OF APPLICATION
FOR
CERTIFICATION OF CONSISTENCY WITH THE
ALASKA COASTAL MANAGEMENT PROGRAM
Notice is hereby given that a request is being filed with the Office of Project Management and Permitting
for a consistency determination, as provided in Section 307(c)(3) of the Coastal Zone Management Act
of 1972, as amended'[ 16 U.S.C. 1456(c)(3)], that the project described in the Corps of Engineers Public
Notice No. POA-2003-1130-4~ POA-2003-1133-4~ POA-2003-11.34-4~ POA-2003-1135-4~
POA-2003-1143.-4~ POA-2003-1145-2~ Deep Creek~ Anchor River~ Resurrection River~
Kenai River , will comply with thc Alaska Coastal Management Program and that the project will be
conducted in a manner consistent with that program.
T~e Office of PrOject-.Management. and Permitting requests your comments, particularly on thc propOsed
~ pr0ject's consistency~with ~the~ffeeted local coastal district management program. For more information.
on'the 'consistency review contact OPMP at (907) 269-7470 or (907) 465-3562, or visit the ACMP web
site at http://www, gov.state.ak;us/gdc/Projects/projects.html.
Attachment 2
Department of the Army
Alaska District, Corps of Engineers
ATTN:, CEPOA-CO-R (C)
Post Office Box 6898
Elmendo~AFB, Alaska 99506~898
..
CITY CLERK
CITY OF KENAI
210 FIDALGO AVENUE SUITE 200
KENAI AK 99611-7794
GARY WILKEN
SENATOR
Fairbanks
Interim:
1851 Fox Ave.
Fairbanks, Alaska 99701
Tel: 451-5501 (from Fbks)
Tel: (907) 465-3709 (outside Fbks)
Fax: (907) 465-4714
'During Session:
State Capitol Building
Juneau, Alaska 99801-1182
Tel: 451-5501 (from Fbks)
Tel: (907) 465-3709 (outside Fbks)
Fax: (907) 465-4714
Website: www. garywilken.com
E-Mail: Senator. Gary. Wilken @legis.state.ak.us
March 18, 2004
Mr. John Williams, Mayor
City of Kenai
210 Fidalgo Ave. Suite 200
Kenai, Alaska 99611
Dear~ ~'
I appreciated receiving the City of Kenai Resolution No. 2004-10, a
resolution of the Council of the City of Kenai, Alaska, emphasizing
the importance for the Alaska Legislature to provide adequate funding
for the Alaska Department of Fish and Game to continue essential
management of Alaska's wild fish and game populations.
It's important to me that I hear from the various representative bodies,
as well as from individual citizens, on matters that are of particular
interest to you. I assure you that when the time comes, I'll take your
position into careful consideration.
Thank you for your resolution. Please stay in touch.
Gary Wilken
Senator, 'Fairbanks
Mayor
Members of the
210 Fidalgo Ave.
Kenai, AK 99611
Mayor John Williams &
Members of the City Council
210 Fidalgo Ave.
KENAI MULTI-PURPOSE FACILITY
ACTIVITY REPORT
Month: February 2004
ACTIVITY
Customer Type: (hrs.)
KCHS
Homer H.S.
North Pen. Rec.
Adult League
Nikiski H.S.
Homer Hockey Assoc.
Skyview H.S.
Soidotna H.S.
Total Hrs:
Revenue'
Ice Rental
Figure Skating
Public Skate
THIS
MONTH
65
91.25
$9,625.88
8.50
13.75
88.05
Dasher Ads 0
Expenses:
Ice Maint.
Electric
Gas
Water and Sewer
Sanitation
Total Revenue:
Total Expenses:
$9,946.56
3,965.26
359.39
141.57
73.32
$9,713.93
$14,486.10
THIS
MONTH
LAST YEAR
69.5
99.50
$10,447.50
98.00
158.15
$11,703.39
6,285.64
293.49
642.95
75.73
$10,703.50
$19,001.12
0
M/
RDC is encouragin~ the National Marine Fisheries Service to restrict
Essential Fish Habitat consultations to development projects within
defined habitat in federal marine waters, the agency's traditional area
of jurisdiction. Recent EFH consultations have occurred as far inland
as the Pogo Gold Project south of Fairbanks (pictured at right).
fl~ssential Fish Habitat, commonly
known as EFH, is an issue with the
potential to impact virtually every major
development project in Alaska.
"By name alone, mine operators, road
developers, and timber harvesters often
perceive the issue as 'having to do with
fish,'" said Jason Brune, RDC Projects
Coordinator. "Unfortunately, it has
broader implications than just fish."
EFH has been broadly defined by the
Magnuson-Stevens Act to include "those
waters and substrate necessary to fish for
spawning, breeding, feeding, or growth
to maturity." In Alaska, that includes
most rivers, streams and ponds.
As a result of the Act, EFH consulta-
tions are a requirement for any project
that may have an adverse effect on such
i~abitat. Projects as far inland as
Fairbanks may require EFH
consultations.
To this end, the North Pacific Fishery
Management Council and the National
Marine Fisheries Service have completed
a Draft Environmental Impact Statement
(DEIS) for EFH in Alaska. Included in
this document is a section (Appendix G)
outlining the impacts of non-fishing
activities on EFH and the recommended
conservation measures.
"The document ignores many o£ the
current environmental requirements put
in place by NEPA, the Alaska Forest
Practices Act, and others," Brune said.
"At present it provides recommendations
that are both overly burdensome and du-
plicative, especially with respect to
coastal and inland non-fishing industries
and communities."
He said NMFS should streamline the
regulatory process by' eliminating such
duplication. Copies of the DEIS and ad-
ditional information can be found online:
www. fakr. noa,xgov/habitat/seis/efheis.htm.
RDC is encouraging its members to re-
view this DEIS and offer written com-
ments on the specific guidelines
recommended for their respective indus-
try. Members should also encourage
NMFS to restrict consultations to proj-
ects within defined essential fish habitat
in federal marine waters, the agency's
traditional area of jurisdiction.
Public meetings will be held March 19
in Seattle, March 31 in Anchorage, and
April 8 in Juneau. RDC will be issuing
an action alert with specific recommen-
dations at www. akrdc.org. The comment
deadline is April 15.
(Continued to Pa~e 3)
Fairbanks 55 Wrap-up 3
Alaska Gas Pipeline 'f
Alaska GDP 5
Timber or l~nder? 6
Outside Perspective 7
Red Doff Decision 8
NPR-A Lawsuit 9
President's Message 10
RIX: News Di~est 11
Resource Development Council
].:~! W. Fireweed, Suite 250
Anchorage, AK ggS03
Phone: (907) :~76-0700
lax: (g07) :~76-3887
E-mail: resources@akrdc.or~
Website: www. akrdc.or~
Material in this publication may be
reprinted'without permission provided
appropriate credit is ~iven.
Writer & Editor Carl Portman
Executive Committee Officers
President John Shively
Sr. Vice President Mark Hanley
Secretary Chuck Greene
Treasurer Stephanie Madsen
Past President Chuck Johnson
Staff
Executive Director Tadd Owens
Deputy Director Carl R. Portman
Proiects/AMEREF Coordinator Jason Brune
Finance/Membership Billie Rae Gillas
Resource Review is the official periodic publication
of the Resource Development Council (RDC),
Alaska's largest privately funded nonprofit economic
development organization working to develop
Alaska's natural resources in a responsible manner
and to create a broad-based, diversified economy
while protecting and enhancing the environment.
Page 2 March 200't Resource Review www. akrdc.org
CONFERENCE OF ALASKANS
Editor's Note: Lindsey Holmes, Attorney, Heller Ehrman White & McAuliffe and
Jason Metrokin, Vice President of Programs, First Alaskans Institute, contributed
to this column.
Surprising many who predicted the Conference of Alaskans
would be an elaborate cover-up for a raid on the Permanent
Fund, the 55 Alaskans who gathered in Fairbanks made a
powerful statement in favor of protecting the Fund, while en-
suring that earnings will be made available for dividends and
essential state needs. As young professionals, community vol-
unteers and committed Alaskans, we are proud to have partic-
ipated in an effort to move our state forward.
With the Conference now over, people throughout the state
have had an opportunity to consider the delegates' four
resolutions and to read our letter to Alaskans. The debate
over these important issues now rests with the public and our
elected officials in Juneau. Will the state move forward, or will
the momentum of the Conference stall?
We believe the recommendations made by the delegates will
serve Alaskans well over the long term. Rather than restating
the resolutions, we would like to describe what we believe are
the real accomplishments of the Conference.
· ~'i'The top priority of most delegates was protection of the
)rmanent Fund itself. Only a properly managed fund will
~ave the financial strength and stability to pay dividends to
fUture generations of Alaskans. The Percent of Market Value
(POMV) management tool accomplishes this goal and ensures
the Permanent Fund will benefit from state-of-the-art invest-
ment practices. Contrary to what many have stated, POMV
is more important to the long-term health of the Permanent
Fund and future dividends than whether or not dividends are
given Constitutional protection.
Before and during the Conference we heard from hundreds
of Alaskans who asked us to leave the Permanent Fund alone.
Based on the Fund's past performance we understand this sen-
timent. We must, however, respectfully disagree with those
who advocate no action. The Fund must evolve to keep pace
with our changing circumstances ~ leaving the Fund alone
now will only exacerbate our challenges in the future.
RDC URGES EFH REGULATORY REVISIONS
(Continued from page 1)
On a parallel front outside the DEIS process, RDC is
recommending NMFS move forward with regulatory
revisions to its current national EFH guidelines. These guide-
lines have broad implications for non-fishing industries and
nrojects inland from marine areas.
i The EFH guidelines were set in motion by regulations in
.1997. Given their broad and duplicative nature, RDC believes
changes to the guidelines are necessary. The comment period
on an Advance Notice of Proposed Rulemaking for revisions
to the guidelines has been extended to April 26.
Alaska's fiscal gap has been forecasted for many years, yet only marginal
progress has been made addressing the inevitable. The chart above was
published in an RDC publication 19 years ago.
We Alaskans need to break our cycle of dependency in
order to ensure a strong future. Earnings from the Fund can
and should be used to support a healthy, safe, educated and
employed Alaska. We can continue to reap the benefits of our
financial and natural resources and help provide needed serv-
ices to Alaskans. All it takes is a little trust and a willingness
to give back to an Alaska that has given us all so much.
While the media made much of the delegates' discussion of
taxes, we believe there was neither a retreat from personal in-
come taxes, nor an aversion to any other alternative sources of
revenue. The delegates recognized that a fair, statewide tax
needs to be part of a fiscal solution. However, we felt it best
to allow our elected officials to decide on a specific course of
action, while encouraging them to act.
Taken together, these policy recommendations have the
potential to lift us up, to build a better state and improve our
quality of life.
While we are proud of the positions taken by the delegates,
we believe the value of the Conference of Alaskans transcends
policy and politics. Delegates spoke passionately about com-
munity, culture, and investment in our collective future.
Delegates from vastly different political and cultural back-
grounds debated their points eloquently and, in the end, were
proud to sign the letter outlining a collective position.
A group of diverse Alaskans came together to address our
shared challenges in a spirit of cooperation and dialogue. We
believe the Conference added to Alaska's rich heritage of pos-
itive political and community discourse. Our hope is that all
Alaskans will insist that such qualities continue to be the foun-
dation of our ongoing policy discussions.
During our final day of deliberations, Delegate Charlie
Curtis said, "~.. when we talk about debate, there's always a
winner and a loser. That's not in my culture ~ it's foreign to
me." As we continue to work together to resolve our fiscal
challenges, we must remember those words. It's not about
winning or losing, it's about doing the best we can for all
Alaskans.
(907) 276-0700 March 200'~ Resource Review Pa;e 3
affawo competing applica-
tions submitted recently to
the State of Alaska for a fiscal
contract to build and operate
a North Slope natural gas
pipeline have sent a shot of
adrenaline through Alaska's
oil patch, but Governor
Frank Murkowski warned
that intense negotiations re-
main before a "build/no
build" decision occurs.
Murkowski listed five con-
siderations any gas pipeline
contract would have to attain:
· Open access to the
pipeline for other companies
that may discover gas on the
North Slope;
· Alaska's participation
through the opportunity to
invest in the pipeline;
· Access to the pipeline to
allow a spur line to
Anchorage, Valdez, and/or
Kenai;
· Access to the gas in the
pipeline at Fairbanks; and
· Protection for impacted
communities and boroughs
through which the pipeline
will be built.
The two industry groups
that submitted separate appli-
cations under the Stranded
Gas Development Act
(SGDA) are not applying to
actually build the pipeline,
but to negotiate with the state
on how the project would be
taxed and other financial
terms. A decision to build
will largely depend on a
number of factors, including
an acceptable wellhead price,
state and federal fiscal terms
and conditions, an accurate
Gasline Decision Matrix
.determination of the cost to
construct and operate, and
the market price of the gas.
The SGDA allows the state
and a sponsor group to
negotiate fiscal terms, such as
taxes and royalty adjust-
ments, as well as other provi-
sions such as Alaska hire, gas
off-take points from the
pipeline and access.
The state's negotiating
team is led by Commissioner
of Revenue Bill Corbus,
Commissioner of Natural
Resources Tom Irwin, and
Attorney General Gregg
Renkes. The state expects to
enter formal negotiations in
March with both sponsor
groups that have applied
under the SGDA.
Murkowski has said he
would like to have a draft
contract to the Legislature
for its consideration before it
adjourns in May, but
acknowledged that would be
a tight timeframe.
The three major Alaska oil
and gas producers and an in-
dependent pipeline consor-
tium led by MidArnerican
Energy Holding Company
filed separate applications in
January to build the pipeline.
While both applications have
the ultimate goal of moving
North Slope gas to market,
they are different in several
key aspects.
MidAmerican wants to
Cost
of Gas
MidAmerican to carry the
gas regardless of its market
price.
The producers' application
comes from ConocoPhillips,
BP and ExxonMobil, who
propose building the line
themselves and shipping their
own gas af~d that of other
companies. Under either
project, the producers would
bear the risk if gas prices fall.
The state and project spon-
sors face the challenge of
deciding whether the
companies or government
will shoulder the risk if
future gas prices don't cover
the tariff to ship gas through
the pipeline and give a rea-
sonable rate of return for the
producers.
The two applications also
differ on points of negotia-
tion with the state. Without
gas of its own, MidAmerican
will be negotiating on state
corporate income taxes, state
and local property taxes and
local sales taxes on purchases.
The producers could negoti-
ate those same taxes, but they
also have additional tax con-
siderations on the gas they
produce to put into the line.
build and operate the gas line,.The companies will likely
but does not intend to buy or seek some type of tax relief in
sell the gas. The North Slope the contract to help reduce
producers or other gas risk when prices are low.
shippers would pay MidAmerican is proposing
Source: State of Alaska
to build and operate a $6.3
billion, 745-mile pipeline to
the Alaska-Canada border
where TransCanada or an-
other pipeline company
would build another line
through the Yukon Territory
and British Columbia to con-
nect with Canada's pipeline
network.
MidAmerican is controllec,
by billionaire Warren Buffet's
Berkshire Hathaway. The
company says it would take
six years to design, permit
and build the pipeline after
fiscal terms are reached with
the state and federal govern-
ment.
The producers' $20 billion
pipeline would extend 1,800
miles, carrying 4 billion cubic
feet (bcf) of gas per day to the
North American distribution
grid in Alberta. The
MidAmerican line would
move 4.5 bcf per day.
Included in the producers'
application is a $2.6 billion
plant on the North Slope to
condition the gas for ship-
ment. MidAmerican antici-
pates the producers would
build the plant even if it
builds the pipeline, but the
company said it would con-
struct such a facility if re-
quired.
While MidAmerican's
(Continued to pa~e 5)
Page '~ March 200'} Resource Review www. akrdc.org
,y Greg Wolf, Executive Director, by a state.ina gi%n year'
World TradeCenterAlaska . Burden also presented in-
. '-- 7'formation on the contribu-
Alaska is one of the most tion of each major industry
trade-oriented states in:'.' sector, to the GSP. Among
America.. While many states .. the seCtOrs, natural, resources
.':.:~'eConomy. 'Aeco'rding . to
'Burden, while resource jobs'
make up only 5 percent of
the. state's total employment,
these same jobs.rank number
onewhen measuring the GSP
ahiad. ' .... (~'.~i'~/.--:-. - '
Both Burden 'and Gary
$cholssberg, a senior eco-
nomic for Wells Fargo
Capital Management based
in San Francisco, predicted
enjoy sizeable domestic mar-. i'(°il · and" gas, minerals,, per. emPloYee.. In " the ~ natural that oil and other'commodity
kets for their manufacturing, ... se~ood, etc) contributed the.- re$°uree.Sector,'GSP per em- prices important to 'Alaska
high-tech or agricultural in-,.~, most., to the GSP,. some:, 25 p!°~ee, is~0re'th~ $400,000 would remain relatively high
dustries, Alaska is dependent ~..percent' o£' the" statewidei'", while thCF~~:~dService -~' in~::200~. Burden sees crude
on the. exports of its natural.._ ........ ':':" :-"'~.':.,-,~~- :~:,~ ...... ~'~,~:'.'"~:'-,:~ ...... ..' °il priCes._ on the..W~it co~'
resources, to .::-:. overseas .' ' -ave.ragin§ about $28 per bii:-
The.;.imptirtance
sOurce de~relOpmenf'"~'d' ~" ~5
export of these resources ~0'~.
foreign markets were Ngh=, ..
lighted at ~e First.
Statewide Econo~c Fore,
c=t Luncheon .NJ~g~.
World..Tr~e Cent~'M~ka,
' 'r~?go!d'staying ib°ve:'$400
re~fitlOws.
- "lsberg-
.... gains in' C°mmoditypfi611~m'
the:.,: ecOnomic.' growth and
-modernization ocCUrring: in
':' 'Alaski's .... :-f~rth
~erCent
orecast., precnctea..
gr°Wqi"of 1':7 persent,-or
proximittely 6090..
2004.
services
billion ..this.._yearLto 'reach.~ a
total of $33 billi6n. Sitar to:~?~u:;.i"and
the GrOss 'Dom~4~:~:Pr0dt/~'i"~',~;
tt~L~rl stattsuc Used. tO meas-':'
ute.. the::"
.economic i
ance. of ......
meaSu:~'~~'~' . t'h'~7 top'ment .......
goods:''~d.' ...........
.to
GAS P~PELINE ...
(Continued from page
project budget is one-third of
the producers' estimate, it
does not include the North
Slope conditioning plant or
· he 1,100 miles of pipeline in
In addition to the fiscal
terms yet to be worked out
between the state and the
prevailing applicant to en-
(907) 276-0700
)e'"attnDUtea'tO .ttm
.'to:~estate-..~SP .wfl[ m,
percent interest in the inde-
pendent gas consortium,
known officially as MEHC
Alaska Gas Transmission
Company. Pacific Star
Energy, of which 12 of the 13
Alaska regional Native cor-
porations are partners, holds
options to take up to 10 per-
cent interest while Cook
Inlet Region has a 9.9 percent
share in the venture. Pacific
Star is headed by fomer Arco
executive Ken Thompson.
courage pipeline construc-
tion, provisions in the federal
energy bill may be required
to make the project a reality.
Those provisions include co-
ordinated and expedited per-
mit reviews, tax savings and
accelerated depreciation of
the pipeline, tax credits on
the North Slope plant and a
federal loan guarantee of up
to 80 percent of the project's
debt.
MidAmerican has an 80.1
March 200't Resource Review
MidAmerican and oil ma-
jors BP and ConocoPhillips
recently held informal talks
to discuss their two applica-
tions for the gas pipeline.
"We've had meetings with
them,"said Kirk Morgan,
project manager for MEHC
Alaska Gas Transmission
Company. "Only one
pipeline will get built. We are
looking to collaborate rather
than compete."
Page 5
Alaska has nearly four percent of the
nation's commercial timber volume, but
accounts for less than one percent of the
harvest.
Insects, decay and disease have trans-
formed much of our timberland into tin-
der land, a spark away from widespread
disaster and devastation such as the
Millers Reach fire near Big Lake in 1996.
We've been losing our forest resources
rather than using them.
A group of private sector Alaskans is
pursuing a venture that will help to
reverse the trend- one that will con-
vert the liability of over maturity, wild-
fire danger and insect infestation in our
forests into an asset benefiting Alaskans.
The project involves harvesting tim-
ber primarily from state land in the
Susitna and Tanana basins and trans-
porting it by rail, highway and barge to
Seward for processing into laminated
veneer lumber for structural and archi-
tectural use. Finished products will be
exported to the Far East and substituted
for lumber currently imported into Alaska.
Laminated veneer lumber can be
manufactured from mixed species, in-
cluding birch, spruce, aspen and cotton-
wood. Low-quality wood from the
harvest areas will be used to fuel a power
plant supporting the factory in Seward.
Such a venture will help to revitalize
the state's ailing timber industry while
creating a long-term value-added industry
from an abundant renewable resource.
It will generate about 400 long-term
jobs in logging, transportation and
manufacturing in areas of high unem-
ployment, as well as many construction
jobs. It will reduce wildfire risk and pro-
' vide recreation and transportation
opportunities. And it will improve
wildlife habitat.
But it also will require significant
investment- an estimated $60 million in
the manufacturing facility alone. At least
one global timber company has ex-
pressed serious interest.
The market for laminated veneer lum-
ber in the Far East is growing. Seward is
closer to Pacific Rim markets than other
West Coast ports. And the prevalence of
Pa~e 6
white birch in the Susitna and Tanana
area offers a competitive advantage over
other sources in terms of quality.
There's also a catch: any potential in-
vestor must be assured of a reliable
source of timber for at least the next 25
years in order to amortize the investment.
That means the state must adopt a
proactive policy of forest management
that includes responsible use of our pub-
lic forest resources and demonstrates a
willingness to work with the private sec-
tor to attract investment capital.
This venture promotes Gov. Frank
Murkowski's vision that Alaska's eco-
nomic future depends on our ability to
respomibly develop our natural resources.
It's consistent with the sustained yield
principle outlined in Alaska's
Constitution. It's also consistent with
our belief that environmental steward-
ship and job opportunities can coexist,
ensuring a healthy environment and a
robust economy for the next generation
of Alaskans.
But to transform its potential into new
prosperity, it will take many Alaskans
speaking up for balanced forest management
March 200'[ Resource Review
that provides for multiple beneficial uses.
"Don' t-cut-anything" policies haven't
worked elsewhere, and they aren't
working here. We must not be misled by
the rhetoric of those who tell us that
harvesting means deforestation ... that
cutting trees inevitably destroys habitat
and ruins the environment.
Responsible management and logging
practices will speed the regeneration of
Alaska's forests. Timber volumes have
increased and forests are healthier in
places around the world where regulated
logging is conducted.
The laminated veneer lumber project
is on the leading edge of timber products
technology and will require less than a
quarter of the sustainable yields in the
harvest areas while providing significant
economic, social, environmental and
recreational benefits.
Will Alaska's forest resources be an
asset or a liability -- timberland or tin-
der land ~ fuel for our economy and
future growth, or fuel for devastating
wildfires and insect infestation?
With state policies promoting reason-
able and responsible use of our timber,
Alaskans once again will have a choice.
The time to diversify our economic base
and take control of our destiny is here.
ALASKA EXPORTS...
(Continued from pa~e 5)
crisis of 1997-98 and the SARS epidemic.
This demand is serving to boost prices.
Many of our major natural resource
industries would not be as large without
these sales to overseas markets. There
are a number of examples that highlight
the importance of exports: the only nat-
ural gas to leave Alaska has been the
LNG deliveries to Japan; the only coal
to leave Alaska has been the shipments
to Korea; virtually one hundred percent
of the fertilizers manufactured at the
Agrium plant on the Kenai Peninsula are
exported to foreign markets and an esti-
mated fifty percent of Alaska's annua'
seafood production finds its way to cus-
tomers abroad. These examples demon-
strate how important international
markets are to sustaining our industries.
www. akrdc.or~
should really think hard about how to
diversify your economy.
You've got to find a niche. I think
your niche is Alaska itself. You've got a
place here that is different than any
other. It's one of the richest in resources
Editor's Note: Below is an edited version of former and scenery. That gives you a lot to
Maine Governor Angus Kin~s openin~ speech at the ' work with.
recent Alaska 20/20 Conference. Now, here are some modest
An Outside perspective can be useful;
I don't want to be presumptuous, but I
am going to make some observations
based upon your process in charting
Alaska's future.
The first is this is a place with enor-
mous assets. You have minerals, timber
and scenic beauty. And you have
tremendous human assets as well. You
have the wonderful diversity of the
Native populations, which enrich and
"~ to the tapestry of life that a lot of
ates don't have.
.... The next thing that jumped out at me
was a glaring weakness -- the lack of
diversity in your economy. One out of
every three jobs in Alaska is dependent
upon federal spending. Wow, that's
stunning. And I believe if you add state
spending, it's one out of every two jobs
dependent upon government spending
in one way or another. That's a thin reed
upon which to rest the future of your
economy. Of course, the other leg of
· your economy is oil.
I'm probably treading into some sen-
sitive territory here, but if you think
you're going to be able to base the
future of Alaska for the next 30 to 50
years on oil and Ted Stevens, you're
wrong.
Oil is trending downward and Ted
Stevens is leaving the Appropriations
Committee chairmanship. Those figures
in the report that show per capita federal
investment at twice the national level are
not sustainable, particularly in a time of
)deral budget deficits.
'It's very dangerous to have a lack of
diversity in an economy. Ask Oregon,
California and the Carolinas.
So the lesson, it seems to me, is you
suggestions.
· Natural resources: Continue explo-
ration and development with limits, be-
cause if your niche is your place, you
don't want to screw that up. You can
have the toughest environmental stan-
dards in the country and as long as your
process is fair and predictable, every-
body can do business there. That was
my goal in Maine. A company came to
us and said we want to build a brand
new $800 million facility. We did a full
permitting of that facility from the
ground up in 87 days. You can protect
your environment but make sure your
process works.
· Tourism: I think you've got more
tourism potential than you have realized
so far. If you're getting a million people
up here, given what you have, you could
have more. People say, well, tourism
jobs aren't so good, but if you stretch
the season, these jobs aren't bad, and
they provide entry level positions for a
lot of people.
· Nongeographic businesses: We've
had tremendous success in Maine in
telecommunication-based businesses
where geography doesn't matter. We
now have somewhere in the neighbor-
hood of 30,000 to 50,000 jobs involved
in doing back-office financial transac-
tions, telephone work, telecommunica-
tions, and insurance. ! don't know what
your telecommunications infrastructure
is, but insist that your phone company is
providing good bandwidth; then you
can do business anywhere.
· Talent: Talent is the future of the
American economy. Geography is no
longer a barrier. One of the hottest cities
in the country in terms of technology is
Austin, Texas. They have created a
"scene" there- an open, exciting,
vibrant society where talented people
want to live.
· Education: I believe in the next 50
years the story is going to be that the
educated get richer and the uneducated
get poorer. There are going to be jobs in
10 years we haven't heard of, we haven't
thought of, but if you prepare the kids
with a good education, they'll be well-
positioned.
The other piece of education I
consider important is research and
development. All the innovation comes
i'rom research and development. It's a
long-term investment.
I'm going to digress on what I call the
entitlement mentality. When ! was on
one of my motorcycle tours, we stopped
at a little general store in northern
Maine. The lady behind the counter saw
me coming. When I walked through the
door, the first thing she said, "ha, the tax
man." But here's the punch line. On my
way out she said, "where are you going
from here?" I said, "well, we're headed
south." She said, "good, ! hope you have
a bumpy ride, maybe you'll fix the
road."
Do you see the ironv there folks? She
wanted the road fixed but she didn't
want to pay the taxes. Everybody wants
public services. Everybody thinks the
government can fix everything. Well,
we'll have to raise taxes to pay for it all.
Oh, no, I want my taxes cut.
Now, here's where I'm really going to
get in trouble. I'm in the national capital
of the entitlement mentality. You're the
only state in the union that not only
doesn't pay taxes but gets a check. You
got free government and a check; that's
unbelievable. I don't think you have any
conception of how wonderful and
unique your situation is compared with
the rest of the country.
All the other states would kill for a
$27 billion fund to take care of some of
their needs.
If, in the situation of relative affluence
that you're in now in terms of oil
(Continued to pa~e 9)
(907) 276-0700 March 200q Resource Review Pa~e 7
COURT RULING IS
BLOW To STATE'S
AIR PERMITTING
AUTHORITY
The recent U.S. Supreme
Court's split decision on the
Red Dog mine air permit is a
major blow to the State's air
permitting authority, accord-
ing to Alaska's attorney gen-
eral and the court's dissenting
opinion.
"We anticipated a split de-
cision, but we are obviously
disappointed that the fifth
vote on the court did not
swing our way," said Alaska
Attorney General Gregg
Renkes. "This close decision
deals a blow to the authority
delegated to states by
Congress in the Clean Air
Act."
In a 5-4 decision, the
Court in January ruled
against the Alaska
Department of Environ-
mental Conservation in the
Red Dog Mine case. The ma-
jority opinion holds the
Clean Air Act provides the
Environmental Protection
Agency with the authority to
.disapprove a state agency's
discretionary choice of the
"best available control tech-
nology'' for permits subject
to the Clean Air Act.
"Alaska sought and gained
primary responsibility for the
air permitting program to
provide a predictable and sta-
ble regulatory environment,"
said Ernesta Ballard,
Commissioner ADEC.
"This case and its outcome
have the potential to signifi-
cantly disrupt that environ-
ment."
In the dissenting opinion,
Justice Kennedy argued the
majority erred "by failing to
hold that EPA, based on
The Red Dog Mine dispute arose four years a~'o when TeckCominco Alaska
applied to the State for a new diesel power generator permit. The mine is the
largest producer of zinc in the world.
the role of mere provinces or
political corporations, in-
stead of coequal sovereigns
entitled to the same dignity
and respect," Kennedy
wrote. As the dissent noted,
"Alaska sought and ~ained primary
responsibility for the air permittin~
pro~ram to provide a pre-
dictable and stable regulatory
environment. This case and its
outcome have the potential to
significantly disrupt that
environment."
-- Commissioner Ernesta Ballard
nothing more than its sub-
stantive disagreement with
the State's discretionary judg-
ment, exceeded its powers in
setting aside Alaska's [pollu-
tion control technology]
determination."
In their view, the decision
represents "a great step back-
ward in Congress' design to
grant states a significant stake
in developing and enforcing
national environmental ob-
jectives and relegates states to
state agencies should be
"trusted to do their part" in
the common fight against
pollution, and any distrust by
EPA of state agencies is in-
consistent with the Act's clear
mandate that States bear the
primary role in controlling
pollution.
"The dissenting justices
recognized the important fact
that states are more respon-
sive to local conditions, and
can better strike the balance
between preserving environ-
mental qualit3.' and encourag-
ing resource development,"
said Renkes.
The dispute between the
EPA and ADEC arose four
years ago when Tec
Cominco Alaska, Inc., opera'
tor of the Red Dog Mine in
Northwest Alaska, applied to
the state for a new diesel
power generator permit. In
locations where national air
quality standards have been
attained or are unclassifiable,
the Clean Air Act requires
states with EPA approved air
pollution programs to deter-
mine what is the best avail-
able pollution control
technology that should be
applied to a facility.
After prolonged negotia-
tions regarding the appropri-
ate technology, the EPA and
ADEC reached impasse, with
the EPA ordering ADEC to
not issue the permit.
Believing that EPA exceeded
its authority in vetoing the
state permit, ADEC issued it
anyway, which elevated the
dispute to the federal courts
The state argued the Clean
Air Act gives states with
approved programs broad
discretion to make decisions.
Pa~e 8 March 200q Resource Review www. akrdc.orsl
PETROLEUM
RESERVE
DECISION
ATTRACTS
LAWSUIT
Seven environmental
groups have sued the U.S.
Department of the Interior
over its recent decision to
open the 8.8 million-acre
northwest section of NPR-A
to oil exploration. The
groups may seek an injunc-
tion to block a June lease sale.
Exploration efforts are
currently underway in the
northeast section of the oil
reserve, where an earlier
'~cision was also challenged
_ _.3r environmentalists.
B LM conducted a thor-
ough environmental review
leading up to its decision to
open the northwest area. In
its decision, BLM put 1.57
million acres off-limits for
ten years pending further
studies. The B LM plan for
the area includes measures to
preserve habitat and protect
the environment. Permanent
surface structures are prohib-
ited along coastal areas, deep-
water lakes and rivers.
The B LM plan designates
special study areas of more
·
Source: Alaska Oil & Gas Reporter
NORTHWEST
.... PLANNING
I
NATIONAL _. hown
PETROLEUM
RESERVE .,_
than a half million acres each
for the Pacific black brandt
and caribou. It also reserves
habitat for the study of eiders
and sets restrictions to mini-
mize loss of foraging habitat
for raptors around the
Colville River Special Study
Area.
However, some environ-
mentalists would like to see
permanent protection under
a Wilderness designation of
some coastal areas of the re-
serve. These areas also hold
the highest potential for
major oil and gas discoveries.
Geologists believe the 23
million acre reserve may con-
tain 6 to 13 billion barrels of
oil, similar to estimates for
the Arctic National Wildlife
Refuge several hundred miles
to the east. Because of intense
pressure from environmen-
talists, all of the refuge re-
mains closed to drilling, even
though its coastal plain ~
eight percent of the unit-
was originally set aside by
Congress in 1980 for poten-
tial oil and gas exploration
and development.
Interior Secretary Gale
Norton said that oil and gas
development from the North
Slope is essential in stemming
the nation's reliance on for-
eign oil and to stabilize
energy prices.
"This plan will help pro-
duce energy in an environ-
mentally responsible manner
with the best available tech-
nology, while protecting the
important biological, subsis-
tence and cultural values
found in this area," Norton
said.
The reserve was set aside in
the 1920s for energy develop-
ment. The Clinton adminis-
tration had opened up the
eastern areas of the reserve,
but under strict measures to
protect the environment.
Noting that the State of
Alaska has significant inter-
ests in seeing oil exploration
and development move for-
ward, Governor Frank
Murkowski said the state
may intervene in the lawsuit.
Maine Governor
Angus Ki
(Continued from pa~e 7)
/~venues, the Permanent
Fund and federal resources,
you cut research and develop-
ment and education, you're nuts.
I'll leave you with a quote
from Charles Darwin and
Wayne Gretzky.
When we hear Darwin, we
think survival of the fittest. I was
talking to a friend three or four
years ago and he said, "no,
Angus, that's not right, that's not
what Darwin said. If you go
back and actually look, he
defined the fittest as those indi-
viduals, organisms and groups
most adaptable to change. That's
who survives." And that's the
challenge facing Alaska- to be
most adaptable to change. Not
to resist it, but to embrace it.
Finally, Gretzky, the greatest
hockey player in the history of
the National Hockey League.
Somebody once asked him how
he scored so many goals, he's not
as big or as fast as all these other
guys, and yet he had enormous
SUCCESS.
Gretzky gave this answer:
"It's easy, I skate to where the
puck is going to be, everybody
else skates to where it is." So
that's my challenge and advice to
you: think about where the puck
is going to be. Not next week or
next month, but five, ten, fifteen
or twenty years from now in
Alaska, and that's the
direction in which you should
skate.
(907) 276-0700 March 200q Resource Review Pa;e 9
REFLECTIONS
ISSUES FACING ALASKANS
For those of you hoping for some cogent theme
in my column, wait until May. Several items and
issues have crossed my mind that I consider worth
writing about, so I have decided to allow myself
the luxury, of rambling.
Tadd- ! would like to commend Tadd, our ex-
ecutive director, for being chosen to participate in
the Conference of Alaskans whose purpose was to
consider solutions for our state's fiscal woes. His
participation brings honor both to himself and
RDC. It is also a well-deserved recognition of the
effort Tadd puts into the issue of encouraging our
elected leaders to address the fiscal problems fac-
ing Alaska. The picture of
Tadd on the front page of the
Anchorage Daily News is
suitable for framing. Having
a picture on the front page of
any paper for something
positive is an event worth
celebrating in its own right.
The Conference of
Alaskans- I was very im-
pressed with the conference.
Thanks to the efforts of 55
hard working Alaskans, all
of us citizens who care about
government had our attention focused on the
state's fiscal situation, as we followed the extensive
news coverage of the event. The conferees vigor-
ously debated some very complicated and difficult
issues. Governor Murkowski should be com-
mended for calling the conference, but the partic-
ipants need to be commended for the manner in
which they addressed the issues.
I'm sure each of us individually might have
written the final recommendations of the confer-
ence a little differently, but the report of the con-
vention provides a basis for the legislature and the
governor to move forward. It is incumbent on all
of us to continue to communicate our desire to
have our elected officials address the fiscal situa-
tion this year.
Alaska Public Offices Commission (APOC)-
For anyone who thinks the bureaucracy is under
control, a reading of the proposed new regulations
for how employers of lobbyists will have to report
their own activities may disabuse those optimistic
souls of their beliefs. It would seem that under the
proposals any business that employs a lobbyist
must report the "compensation, travel expenses
and per diem, and related expenses (whatever re-
lated expenses are) of any of their employees who
talk to their lobbyist. As I read this APOC wants
to make anyone who talks to a lobbyist into a lob-
byist. Go figure. I thought they ciaimed they are
already understaffed. Their proposal will result in
a mountain of new paperwork.
In addition, the proposed regulations would
make testifying before a legislative committee a
lobbying activity. I am astounded that one of the
basic constitutional rights upon which our coun-
try was founded may now become a reportable
lobbying activity.
A number of organizations
and businesses, including
RDC, have objected to the
overreaching nature of these
proposals. [ hope that
APOC will listen.
U. S. Fish and Wildlife
Service- I was intrigued by
little item in the newspaper,
couple of weeks ago. The
U.S. Fish and Wildlife
Service announced a contract
with an organization repre-
senting ten Alaska Native
tribes from the upper Yukon area. The contract is
designed to allow the tribal organization to help
manage refuge lands, apparently a first for the
agency nationwide. The contract was for a year
and funded at $59,000.
Opposition to this seemingly meager, but per-
haps groundbreaking, contract comes from pre-
dictable sources - an organization of federal
employees and an Outside environmental group
headquartered in Albuquerque, New Mexico.
Their fear is my hope- that local people will be
given a more active role in the management of
some of the conservation units in the state.
I know that when ANILCA passed, many in the
Native community hoped that the establishment
of the large conservation units in the rural areas
would result in some economic opportunities for
people living in rural Alaska villages. That dream
has not been realized. Perhaps this contract can be
viewed as a very small step toward improving tk
economic conditions in the rural areas of our state.
The federal government needs to take many more
such steps - sooner rather than later.
Page 10 March 200'l Resource Review www. akrdc.or~
rublic Comments
Favor Alpine
Alternative A
RDC members attended
public hearings in Anchorage
and Fairbanks last month to
testify in favor of developing
future satellite oil fields on
the western North Slope.
ConocoPhillips Alaska is
proposing to develop two oil
and gas accumulations in the
Colville River Delta east of
NPR-A and three accumula-
tions within the petroleum
reserve. The projects may
generate nearly $600 million
in tax revenues to the state
and federal government, cre-
ate hundreds of new jobs and
result in increased economic
activity in the Arctic region
lthe state.
_in testimony before B LM,
RDC Executive Director
Tadd Owens said, "these
benefits are crucial during an
age of massive state and fed-
eral budget deficits."
Owens noted the project
would pose little disturbance
to caribou and other wildlife
and that habitat conservation
and wildlife protection meas-
ures would significantly re-
duce environmental impacts.
Po~o Receives
Wetlands Permit
The Pogo gold venture
near Delta Junction cleared
another major regulatory
hurdle when the U.S. Army
Corps of Engineers in
January granted a major fed-
eral wetlands permit for the
7oject.
!The world-class gold de-
posit being explored and pur-
sued by Teck-Pogo has now
received nearly all permits
needed to move forward. The
federal permit allows Teck-
Pogo to start filling wetlands
scattered throughout the
project area for camp facili-
ties, a mill, tailings impound-
ment, an airstrip and a
50-mile access road. Those
wetlands, 303 acres, are not
considered highly productive
for fish or wildlife. The per-
mit will require ! 14 acres to
be restored and another 52
acres will be created as part of
the restoration.
Once the mine is operating,
it will process up to 500,000
ounces of gold a year.
Reserves are valued at $2.3
billion. Pogo is expected to
cost $250 million to develop
and it will employ up to 300
people year-round. Pro-
duction is expected in late
2005.
Eleven people have died in
plane crashes trying to get
into Cold Bay from King
Cove. In most cases, resi-
dents were seeking medical
attention in Anchorage or
elsewhere, but first had to
reach the all-weather airport
in Cold Bay.
Access has been a major
issue for King Cove residents
since the late 1970s when the
federal government desig-
nated much of the land
around the village as
Wilderness. No project facili-
ties or operations will be
within the Izembek National
Wildlife Refuge or the
Izembek Wilderness area.
Kensington Mine
Plan Amended
Kin; Cove Road
Gets Green Li;ht
The U.S. Army Corps of
Engineers gave a green light
last month to construction of
a road and hovercraft con-
nection between King Cove
and Cold Bay. The decision is
good news for residents of
King Cove who want better
access to Cold Bay for med-
ical, economic and social
reasons.
The project consists of 17.2
miles of one lane road, two
hovercraft terminals and a
hovercraft. The gravel road
would include 90 turnouts
for passing.
The new transportation
link could be open by
October 2005, barring a legal
challenge from environmen-
talists.
Coeur Alaska, Inc. is pro-
posing to amend its approved
1998 Plan of Operations for
the Kensington Gold Project
located 45 miles north of
Juneau. The new project
would involve underground
mining at a rate of 2,000 tons
per day for at least 10 years.
The mine concentrate would
be shipped offsite for pro-
cessing.
Proposed operational
changes are intended to pro-
vide more reliable transporta-
tion and access to the mine by
replacing helicopters with a
boat, and improving trans-
portation safety and concen-
trate shipping schedules. The
changes also reduce land dis-
turbance and conflicts with
commercial fishing activity,
significantly reduce the com-
plexity of long-term reclama-
tion needs, and make the
operating plan more efficient.
Coeur anticipates receiving
final permits for the $75 mil-
lion project this spring,
allowing start-up in the
second half of 2004.
Governor Nominates
Madsen to NPFMC
Governor Murkowski has
nominated RDC Treasurer
Stephanie Madsen for a
three-year term on the North
Pacific Fisheries Management
Council (NPFMC). He also
nominated Douglas Hoedel
of Anchorage and Kodiak to
the NPFMC.
Madsen is cur-
rently serving in
a first term at the
NPFMC and
was recently
elected chair by
board members.
"Stephanie has a proven
ability to work with all sec-
tors of the seafood industry
and has broad-based support
to continue the job,"
Murkowski said.
The nomimtions now go to
the Secretory. of Commerce who
will make the appointments in
Jul'leo
RDC Electronic Policy
RDC encourages its mem-
bers to sign up for electronic
updates. We use several meas-
ures to ensure our electronic
mail is safe and virus free.
Additionally, RDC tries to
minimize the use of attach-
ments, utilizing links to its
website instead. If RDC does
choose to send an attach-
ment, it will be in pdf format.
RDC is a Macintosh environ-
ment and virtually all viruses
are targeted for Windows
operating systems.
(907) 276-0700 March 2004 Resource Review Pa~e 11
ADDRESS SERVICE REQUESTED
Growing Alaska Through Responsible Resource Development
1;71 W. Fireweed, Suite 250, Anchorage, AK 99503
13*2-',.~.~--.~-"~"~5.DIGIT 99611
jOHN WiLLiAMS
OFFICE OF THE MAYOR
CITY OF KENAi
2.i0 Fi DALGO A'v'E STE 200
KENAI AK 99611
PRSRT STD
U.S. Postage
PAID
Anchorage, AK
Permit No. 377
MONTHLY PASSENGER ENPLANEMENT ACTIVITY
500
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
El2000 7,859 7,815 7,657 6,409 7,531 9,086 12,736 11,049 8,994 8,464 7,612 7,968
· 2001 8,300 7,137 8,216 7,058 8,143 9,044 12,093 10,807 6,334 7,582 7,345 7,494
!02 7,829 7,046 7,371 6,902 6,880 6,740 9,979 8,644 6,684 6,309 6,023 6,249
_~03 6,454 5,602 5,280 5,375 5,848 5,988 9,445 7,674 6,435 6,120 5,820 6,688
1~,2004 6,326 5,922 5,993
5 yr.
Change Average Change
from 2000- from 5 yr.
Month 2004 2003 2003 2004 Average
Jan 6,326 6,454 -128 7,354 -1,028
Feb 5,922 5,602 320 6,718 -796
Mar 5,993 5,280 713 6,903 -910
Ap.r 5,375 0
May 5,848 0
Jun 5,988 0
Jul 9,445 0
Auo 7,674 0
Sep 6,435 0
Oct 6,120 0
Nov 5,820 0
Dec 6~688 0
tls 76,729 . -2,734
Municipal
ne/
Airport
Project status Report
A=Active
NC=Non-Construction
F=Future
STIP=State Trans. Imp
KK - Keith Kornelis
JL- Jack La Shot
RS - Robert Spdnger
MK - Marilyn Kebschull
Jet - Jan Taylor
A/NC/F/ City Contact Project Name Status
A JL Airport Security Fencing Engineering work progressing. Will set tentative
bid dates soon.
a JL
Airport Security System
Bid opening March 30.
a MK
Airport Supplemental Planning
Assessment
RFP being drafted by Airport Manager and Planner.
A KK Bridge Access W & S Feasibility
Study
Received final report evaluating different routes
from Wince-CorthelI-Bryson. Report sent to DEC
& EDA.
A JL/RS City Hall HVAC
A MK Comprehensive Plan
Documents complete.
Final plan at KPB for approval. Approved by
Planning Commission. Scheduled for Apdl 6
Assembly.
a Jl
Contaminated Soils - Shop
Work plan submitted. Received ranking for loan
fund - could be funded if City chooses to. Asking to
reappropdate $151,314.
A JL
Daubenspeck Environmental
Site Assessment
Final report has been received. UST removal
report received and submitted to ADEC.
A JL FAA Site
ADEC has determined "No Further Action." The
Final Environmental audit has been received and
transferred to FAA real estate office. Land transfer
is now possible.
A JL
Kenai AP ARFF/SRE Facility
Closing out.
Wednesday, March 31, 2004
A/NC/F/ City Contact
A KK
ProJ t Name
Kenai Boat Launch
Improvements
Status
Received $350,000 grant. Nelson & Associates
are working on the design. The City is working on
possible land acquisition for exit road.
A KK
Kenai Coastal Trail
Corps has received funding for planning and
answering permitting questions on this project. City
attended Coastal Erosion Workshop with agencies.
a JL
Library Improvements
Schematics complete - awaiting further direction.
A JL
Maintenance Shop
Preliminary plans and specifications complete.
Grant funds to lapse in '04. Passed resolution to
amend grant to do environmental.
A KK
McCollum & Aliak, Set Net Dr.,
S. Ames Rd. LID's
These LID projects are on a list for consideration
by Council at a later date. Projects on hold until
changes made or funding found.
A JL
Multi-Purpose Facility
Will seek funding as described by Resolution 2004-
09.
A JL
Runway Extension
Environmental Assessment
Project on hold until AP Supplemental Planning
Assessment complete.
a JL
Senior Kitchen
Senior Director has submitted Rasmusson grant
request.
a KK
Title 17 Review and W & S
Regulations
Working with Larry... Completed revisions to W & S
regulations. Adding a grease prevention
regulation. Reevaluating changes to KMC.
A JL
Underground Storage Tank-
Airport
Extra soils removed and stockpiled. Report to
ADEC finished and submitted. May spread soils
on airport. Requested ten times rule for water table.
a KK
Wastewater Facility Master Plan
City received the final report. GeoNorth is
updating the City's GIS as part of this project.
Wednesday, March 31, 2004 Page 2 of 3
A/NC/F/
City Contact
KK
Project Name
WH 4
Status
We have good quality water with a few exceptions.
The new arsenic MCL will require treatment at this
well and Well Houses No. 1 and 3. Working with
DNR on land purchase or lease issues. Applying
for water rights.
STIP KK
DOT- Bridge Access Pathway
Pathway along Bridge Access Road from K-Beach
to Spur 3.3 miles... Project in environmental
assessment. Design scheduled FFY08.
Construction after FFY09.
STIP KK
DOT- Kenai River Flats
Interpretive Site
This is the rest stop and Birch Island Faciltiy near
the Warren Ames Bridge. This project has been
moved out of the recent STIP time frame.
Wednesday, March 31,2004
Page 3 of 3
April
16, 2004
9:00 am- 5:00 pm
Kenai Peninsula College
· 'Opportunity is missed by most people
because if is dressed in overalls and
looks like work." --~'J~omas A'. Edison
0
Ke Note S eaker'.
Jeff Staser, D
enali Commission
Other Speakers:
Jon Faulkner (Homer)
Nancy Lord (Homer)
Tom Tougas (Seward)
Bill Popp (Soldotna)
Jack Brown (Nikiski)
Al Poindexter (Homer)
Sherry Karnikis (Kasilof)
Stan Steadman (Kenai)
~o~~o ~ ~.evo~~o ~
To make your Reservation Call the EDD today (283-3335)
Mail $15 Registration Fee (lunch included)
14896 Kenai Spur Hwy, 103-A, Kenai, AK 99611
USOA
~ o.v.,o..,..Z IrmyBaak
Conoc~hilli~
Kenai Peninsula Borough -r fi
~pril 6, 2004 - 7:00 p.m. . Regular Meeting Borough Assembly Chambers, Soldotna, Alaska
Pete Sprague
Assembly President
Seat 4- Soldotna
Term Expires 2004
Gary Superman
Assembly Vice
President
Seat 3 - Nikiski
Term Expires 2004
Dan Chay
Assembly Member
Seat I - Kalifornsky
Term Expires 2006
Paul Fischer
Assembly Member
Seat 7- Central
Term Expires 2004
Bp"'' Glick
?ly Member
_ Kenai
,. .n Expires 2005
Ron Long
Assembly Member
Seat 6- East
Peninsula
Term Expires 2006
Milli Martin
Assembly Member
Seat 9- South
Peninsula
Term Expires 2006
Grace Merkes
Assembly Member
Seat 5-
Sterling~Funny River
Term Expires 2005
Chris Moss
Assembly Member
Seat 8- Homer
Term Expires 2005
A®
Be
Co
De
ge
F®
Ge
Ho
Ie
J®
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
COMMITTEE REPORTS
APPROV~ OF AGENDA AND CONSENT AGENDA
(All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Assembly and will be approved by one motion. There will be no separate discussion of these
items unless an Assembly Member so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda.
APPROVAL OF MINUTES
*1.
March 16, 2004 Regular Assembly Meeting Minutes .......... 1
COMMENDING RESOLUTIONS AND PROCLAMATIONS
le
A Resolution Commending Mitch Seavey for his 2004
Iditarod Sled Dog Race Victory (Long) .................... 16
e
Proclamation Declaring April 2004 as Sexual Assault
Awareness Month (Mayor) ............................. 18
PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total)
lo
Nancy Casey of Casey Planning and Design, Sterling
Highway Scenic Byway Nomination (10 minutes)
e
Arctic Winter Games Quarterly Report, Dale Bagley (lo
minutes)
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON TI~
AGENDA (3 minutes per speaker, 20 minutes aggregate)
April 6, 2004
REPORTS OF COMMISSIONS AND COUNCILS
Lo
MAYOR'S REPORT ................................................... 19
lo
Agreement and Contracts
ao
Spruce Bark Beetle Mitigation Program:
Approval of contract with Doug Koch Professional Tree
Service for Salmon Run ROW Project .................... 20
Approval of contract with Doug Koch Professional Tree
Service for Sand Dollar ROW Project ..................... 23
Approval of Cooperative Agreement between KPB and
Alaska Division of Forestry for hiring the Kenai Fire Crew to
increase wildland fire suppression personnel during fire
season .............................................. 26
bo
Approval of contract with Mike Terwilliger for Wildland Interface
Firefighting Insmtetion ...................................... 27
Approval of contract with Enterprises Engineering, Inc. for Nanwalek
School Roof Design ......................................... 28
do
Approval of contract with Integrity Surveys for Surveying and
Platting KPB land in the Kalifomsky area ........................ 29
Authorizing the Purchase of a Narkomed 6400 Anesthesia Machine
for CPGH ................................................. 30
Authorizing the Purchase of an OPMI Sensera ENT Microscope with
Video for CPGI-I ...........................................
31
go
Approval of contract with Lee Ireland Consulting for Company
Officer & Leadership Development Training for CES ..............
33
ho
Approval of contract with Steam on Wheels for Sweeping &
Removal of Sand & Crmvel from Various Borough Facility Parking
Lots ..................................................... 32
M. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None
APril 6, 2004
' page2';f'~
No
O®
PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)
o
Ordinance 2003,-45' Amending KPB Chapter 5.12 to Provide for a Flat Tax
on Aircraft (Moss) (Final Hearing) (Referred to Finance Committee) ........ 34
UNFINISHED BUSINESS
Po
NEW BUSINESS
1. Bid Awards
e
Resolution 2004'032' Authorizing Award of a Contract for Third-
Party Cost Estimation Services for the Central Peninsula General
Hospital Expansion. Remodel and Renovation (Mayor) (Referred to
Finance Committee) ......................................... 38
*b.
Resolution 2004-033,: Awarding a Contract for External Audit
Services (Mayor) (Referred to Finance Committee) ................ 46
Resolutions
Re
Resolution 2004-034: Certifying the Results of the March 30, 2004
Special By-Mail Borough Election (Sprague at the request of the
Borough Clerk) (Referred to Policies and Procedures Committee)
LAYDOWN
*b.
Resolution 2004-035' Approving a New Collective Bargaining
Agreement (Mayor) (Referred to Policies and Procedures Committee)
49
*¢.
Resolution 2004-03.6,: Authorizing the Acceptance of Late-Filed
Senior Citizen and Disabled Veteran Exemption Applications
(Mayor) (Refe~ed to Finance Committee) ...................... 115
*d.
Resolution 2004-03....7.: Adopting a Personal Property Tax Return
Report Form (Mayor) (Referred to Finance Committee) ............. 160
Resolution 2004-038: Supporting Full Funding for the University of
Alaska (Long. Sprague) (Referred to Legislative Committee) ....... 165
April 6, 2004
Page 3 of 5
3. Ordinances
Q®
Se
We
*a.
Ordinance 2003-19-42: Appropriating $120,000 from the General
Fund for the Replacement of the Gymnasium Floor at Kenai Central
High School (Mayor) (Hearing 05/04/04) (Referred to Finance
Committee) .............................................. 167
*b.
Ordinance 2003-19-43.: Appropriating $293,091.15 from South
Peninsula Hospital Service Area Fund Balance for Interest Amount
Due on the South Peninsula Hospital Service Area General
Obligation Bonds That Were Sold as Part of the Hospital
Improvemem Project (Mayor) (Hearing 05/04/04) (Referred to
Finance Committee) ........................................ 170
't2.
Ordinance 2003-19-44: Appropriating $30,000 for Cook Iract
Aquaculture Association for a Coho Enhancement Project in the
Homer and Seward Areas (Martin, Moss, Long) (Hearing on
05/04/04) (Referred to Finance Committee) ..................... 172
*d.
Ordinance 2004-08' Authorizing a Land Exchange with Offshore
Systems- Kenai to Acquire Land to Support the North Peninsula
Recreational Service Area Cross-Country Ski Trail (Mayor) (Hearing
05/04/04) (Referred to Lands Committee) ....................... 175
4. Other
*a.
Request for School Name Change (North Star Elementary Proposed
to be Changed to Nildski North Star Elementary) (Referred to
Policies and Procedures Committee) ........................... 194
PI.~LIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)
ASSEMBLY MEETING AND HEARING ANNOUNCEr--S
April 20, 2004 7:00 PM Regular Assembly Meeting Soldoma
ASSEMBLY COMMENTS
PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.)
lo
Ordinance 2003-19-39: Accepting and Appropriating a Direct Lump Sum
Paymem from the U.S. Forest Service in the Amount of $929,000 for the
Removal of Dead and Dying Spruce Trees (Mayor) (Hearing on 04/20/04)
(Refe~ed to Finance Committee)
April"61"2004
Page 4 of 5
e
Ordinance 2003-19-40' Appropriating $100,000 for the Site Evaluation and
Schematic Design of a New Multi-Use Building for E-911 Dispatch, Central
Emergency Services Administration, and the Borough Office of Emergency
Management on Borough Property Located on Wilson Lane in Soldotna,
Alaska (Mayor) (Hearing on 04/20/04) (Referred to Finance Committee)
e
Ordinance 2003-19-4,1,: Increasing the Fiscal Year 2004 Road Service Area
Capital Improvement Project Budget from $1,300,000 to $1,741,829 and
Transferring $278,086 from the Road Service Area Operating Fund Balance
and Redirecting $163,743 from Completed Projects to Provide the Additional
Funding (Mayor) (Hearing on 04/20/04) (Referred to Finance Committee)
e
Ordinance 2004-0.5..' Amending the Kenai Peninsula Borough Code Chapter
5.12 by Revising Procedures for Appeals to the Board of Equalization
(Mayor)(Final Hearing 04/20/04) (Referred to Policies and Procedures
Committee)
e
Ordinance 2004-06' Amending KPB Chapter 14.10 to Eliminate Assembly
Review of Street Naming Decisions and Limiting the Frequency that Street
Names May be Changed (Sprague) (Hearing on 04/20/04) (Referred to Lands
Committee)
Ge
Ordinance 2004-07.: Amending KPB 5.12.350 Regarding Enforcemem of
Personal Property Taxes and Other Taxes (Mayor) (Hearing on 04/20/04)
(Refe~ed to Finance Committee)
e
Resolution 2003-09,4,: In Support of CS for ItB 240 and SB 186, Acts
Relating to Charitable Gaming Through Implementation of Electronic
Gaming Machines (EGM) in the State of Alaska (Superman) (Referred to
Legislative Committee) (Tabled on 02/17/04)
U®
INFORMATIONAL MATERIALS AND REPORTS
V®
NOTICE OF NEXT MEETING AND ADJOURNMENT
The next meeting of the Kenai Peninsula Borough Assembly will be held on April 20, 2004,
at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.
This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula),
K201A O-FM 8& 1 (East Peninsula).
Copies of agenda items are available at the Borough Clerk's Office or outside the Meeting Roomjustprior to
the meeting. For further information, please call the Clerk's Office at 262-8608 or toll free within the Borough at 1-800-
478-4441, Ext. 308. Visit our website at www. borough, kenai, al~.us for copies of the agenda, meeting summaries,
ordinances and resolutions.
April 6, 2004
MAKE PACKETS
COUNCrL PACKET D~ESTI~BUTION
,
COUNCT. L MEETZN6 bATE:
Mayor/Council Attorney
,Clerk .~' City Mono~er
Police Deportment .~ Finance
Senior Center ~ Airport
Library ~/ Porks & Recreation
Fire Deportment ~/ 5chmidt
VISTA / Kenai Chamber
.A. 6ENDA DISTRIBUTION
Sewer Treatment Plant Streets
.Shop Dock
Buildin~ N~QintcnQnc¢ Animal ¢ontr°l
WQt er/Sewer Count er
DELIVER
Council Packets to Police Department Dispatch desk.
The Chamber, Clarion, Mellish & 5chmidt's Office will pick thei~ packet up in my
office. The portion of the agenda published by the Clarion should be emailed as
soon as possible afte~ Noon on packet day. The came~a-~eady agenda
c'/myfiles/documents/minutes/agenda fo~m fo~ paper)is emailed to Denise at
Peninsula ~larion (at email folder Work Session/Special Meetings, or Composition in
Contacts o~ Ibell~acsalaska.net). Home Page documents (agenda, ~esolutions,
o~dinances fo~ public hea~in9, and o~dinances fo~ introduction)a~e usually emailed
to me and I hold them in my HTML file. Place them onto the city's website with
F~ont Page f~om the~e as soon as possible before leaving the office fo~ the
weekend.
g/
COUNCIL/HARBOR COMMI, SSI'ON
WORK SESSI'ON
S:30 P.M.
APRIL 7' 2004
KENA1, CTTY COUNCTL CHAMBERS
(A LTGHT MEAL WTLL BE
PROVTDED.)
FLpr O! 04 12:29p
Dan Fole~
April 7, 2004 Work Session
Kenai City Council Members & Kenai Harbor Commission Members
Brief Project Description and Overview:
Pacific Star Seafoods, Inc. is in the early, exploratory stages of planning a dock
rebuilding and plant expansion project to meet present and future company, industry and
community needs. Pacific Star Seafoods, Inc. is committed to a multi-phase expansion
project plan with construction plans taking place over several years. Each stage will
build upon and enhance the prior completed step. Pacific Star ultimately envisions about
600 lineal feet of fish dock with 10 fish buying cranes in operation and an additional 400
to 600 lineal feet of steel dock to handle dry freight and river barge Uaffic. Enhancement
of the process buildings with new fresh and value-added production lines, and.
development of upland plant properties for company and other ancillary community
businesses and public oppontmities are also part of the future planning.
Phase I of the project would entail rebuilding and restoring about 600' of the current steel
dock in a manner that allows for placement of seven (7) additional fish buying cranes to
be place into operation on the dock. At the same time, a new fresh and value-added
production line would be placed inside the existing 'canning warehouse' to complemmt
and enhance our current sea~ood production lines. Pr 'eluninary cost estimates for this
phase are set at about $3.$ million and the project could be completed within 12 to 18
months from the time permit authorization is received. Peratrovich, Nottingham &
Dr-age, Inc. are currently developing conceptual and engineering drawings on this phase
of thc project. Pacific Star is convinced that this is a financially viable, commercially
feasible project that will benefit not just the company, its fishers and employees but also
the community at large.
Thc benefits to the fishers, community, environment and company would be immensely
felt. The restoration ofom- curtain dock would save annual maintenanc~ dollam,
dramatically lower the cost of off-loading fishing vessels, better protect thc property from
tho effects of river erosion, improve the fish and roe quality and allow more landings of
Cook Inlet seafood products in thc City of Kenai. In addition, a public access viewing
plaffom (We~ End of dock and porhaps viowing room to valuo-added room) wo~ld
onhane~ and attraot tourist a~tiviti,~ in th~ Konai ma. Tho proj~t would al,o provid~
new, viablo optiom to ~a fi~h~ ~e~kin§ alt~uatiw appro~h~ in tho ~aring for and
marketing of their ~afood produeta Tho vala~- ~td~ and fr~h facility woald bo
operated ind~ndontly and ~imultanoou~ly with our ~xi~ting pro~e~ fa,ilifi~ to provid~
opfion~ to both th, Company and fi~h~ in ~xtractin§ th~ maximin vala¢~ from t.h~ir
fi~hor7 product~. Th~ facility would alto provid, gm~ paying and long~' la, ting job
opportuniti¢~ for moa work~m. Tho propony and ~mplo~xt~'tt tax b~~ would ri~¢ and
ulfimatoly fi~h tax ~harin§ r, venuo would rico by cxtr~fion of maximum valu~ fi'om
~¢~ood produom produ~od at tho facility.