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HomeMy WebLinkAbout2004-10-20 Council PacketKenai City Council Meeting Packet October 20, 2004 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 20, 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. CERTIFICATION OF ELECTION 4. A§enda Approve 5. Consent A§enda *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 A: REPORTS OF LEGISLATORS~ KPB ASSEMBLY AND COUNCILS ITEM B: SCHEDULED PUBLIC COMMENTS {10 minutes} ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM E: REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: MAYOR AND COUNCIL OATHS OF OFFICE BREAK ITEM G: ITEM H: . . ELECTION OF VICE MAYOR PUBLIC HEARINGS Ordinance No. 2068-2004 -- Amending KMC 14.20.320(b) by Changing the Definitions of "Mobile Home," "Manufactured Housing," and "Modular Housing." Ordinance No. 2069-2004 -- Finding that Certain City-Owned Lands Located in Section 36 Adjacent to the Kenai Spur Highway and Further Identified as KPB Parcels #043-010-38, #043-010-33 and #043-010-34 Are Needed for a Public Purpose. , o . o ITEM I: o ITEM J: ITEM K: , , , o . , ITEM L: , 2. 3. 4. 5. 6. 7. Ordinance No. 2070-2004 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. Ordinance No. 2071-2004 -- Finding that Certain City-Owned Land, Identified as Lots 1 & 2, Block 6, Mommsens S/D Replat of Additions 1 & 2, Located at 2402 & 2406 California Avenue in Kenai, Are Required for a Public Purpose. Resolution No. 2004-56 -- Transferring $2,977 in the General Fund to Pay Taxes on Properties Declared to be Needed for a Public Purpose. *2004 Liquor License Continuance -- REMOVAL OF PROTEST Kenai Joe's Bar MINUTES *Regular Meeting of October 6, 2004. OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2072-2004 -- Amending KMC 14.20.245 by Adding Section d(4) to Prohibit Parking of Recreational Vehicles on Private Property That Has No Principle Permitted Structure Except as Otherwise Allowed Under KMC 14.20.245(e). *Ordinance No. 2073-2004 -- Increasing Estimated Revenues and Appropriations by $151,314.05 for Shop Site Remediation. Discussion -- Council Seat Appointment Discussion -- Water Quality Standards/2004 Proposed Mixing Zone Revisions COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks as Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee bo Alaska Municipal League Report Arctic Winter Games Stranded Gas Committee ITEM M: REPORT OF THE MAYOR ITEM N: ADMINISTRATION REPORTS o City Manager Attorney City Clerk ITEM O' DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM P: ADJOURNMENT MAYOR'S REPORT OCTOBER 20, 2004 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD AT: ADD AT: ADD AT: Item A, Report of Assembly Member Glick Item E, Report of Kenai Convention & Visitors Bureau Board Item L-7d, Stranded Gas Committee Report CLERK CLERK COUNCIL MEMBER ROSS CONSENT AGENDA MAYOR'S REPORT Z 0 wzw Z w ~ uJ n,' ~;:~ w Z w Z LU ~o~~~o___ o 'n,'~ o_ wzw z w ~o~~~o~ o u.I ~ LLIZW Z uJ <0~ 0 WZW Z W 0<~~ ~ ~~~o~ o ~ uJ ~LIJ Z W Z UJ o~~~o~ o I- IJJ uJ ~~z _o o~ i , _o o~ CITY OF KENAI REGULAR ELECTION OF OCTOBER 5, 2004 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 5, 2004. MAYOR/THREE-YEAR SEAT: VOTES CANDIDATE RECEIVED , PORTER, Pat 812 BOOKEY, James C., III 661 Write-Ins 25 COUNCIL MEMBER/THREE-YEAR SEATS: VOTES CANDIDATE RECEIVED MASSIE, Cliff 857 .... BOYLE, Michael 622 MOORE, Joe 747 Write-Ins 24 ABSENTEE BALLOTS RECEIVED (in-person, personal representative, b2~-mail) 191 (~UESTIONED BALLOTS RECEIVED 37 ABSENTEE BALLOTS (in-person, personal representative, b~r-mail) COUNTED 184 (~UESTIONED BALLOTS COUNTED 17 TOTAL BAI, LOTS NOT COUNTED 27 NUMBER OF KENAI REGISTERED VOTERS 4,943 POLL VOTER TURN OUT 26.60% TOTAL VOTER TURN OUT 31.22% John J. Williams, Mayor James C. Bookey, III, Vice Mayor Linda Swarner, Council Member Joe Moore, Council Member Pat Porter, Council Member Richard A. Ross, Council Member Blaine D. Gilman, Council Member ATTEST: Date Carol L. Freas, City Clerk The Borough has the financial interest to implement and change waste management procedures. By diverting waste from disposal, the borough can delay capital cost expenditures for new cell construction and landfill closure. The borough has a strong incentive to plan for the future and to minimize future impacts. However, Contractors are not impacted by the capital costs and will conduct their operations to minimize their immediate costs and to obtain a profit on their operations. The incentive for Ion[I-term savin~s does not exist for the contractor. Based on current operation estimates (FY05), the Borou~h's annual cost would be at least $1 ~ 0,000 less than the estimated cost of contracting. This comparison does not take into account cost savings that will be attained by coordinating and consolidating activities with other solid waste sites. Efficiencies will be made by utilizing borough employees for a broad spectrum of work with immediate results, though some funds may be budgeted in other solid waste accounts. (hazardous waste, transfer site maintenance). Cost estimate is based on mirroring current operations and does not take into account new operations of the lined landfill. Commencing operations with Borough employees the first of the year will allow the critical time needed to train staff, assess safety and liability issues, implement new operations procedures, determine where cost saving efficiencies can take place and will assist in developing an operational budget for the new landfill. Liability and risk are not always measurable, can be expected to be significant in the case of a multi-million dollar landfill with state-of-the art technology that improperly operated and maintained could potentially affect human health and the environment. Based on SW project bidding history, and comments from the current contractor WM regarding cost and profit, it is-anticipated that contracting/bidding costs will continue to rise and the Borough operations can better control costs as proven with operations at the Homer Landfill. 56 Eleven positions are requested to replace the current contracted positions. L~st year the currcnl' landfill contractor worked approx. 1~ full-time st~ff, over',im¢ hours, and ,emporory s,off for hours equivalent to 14 positions. The Borough plans to work equivalent hours to the current contractor by utilizing 11 full-time employees, ~ contract administrator already budgeted to the CPL, temporary employees, and contracted services. Once operating, we con determine best methods to utilize staff, temporary employees end/or contract services. This sheet shows the anticipated base wages temporary services in the amount of $50,803. onnual personnel cost would be $6§6,443. of $605,640 plus overtime and Therefore, the e~imate current ~7 /::'.. ! /"! ~05 Cemml Peninsula ~ndfill O.r. ions ~tima. d ~st !:'I /'1 Contract Operations 1,463,000 1:1 /! Bo,o~g. op.~.t~o.. - 1,ss2,0ooI1 / ! WM has provided employee raises and some ben,fits however the Borough's personnel costs will be approximately $106,000 higher primarily du~ to insur'anc~ and retirement, gut th~ ~tJmat~d ~tra co~'r in p~r'~onn~i ~ould b~ made up by no, h~¥in~ to pay ¢on,r'actor' profit. This slide shows the current estimated budget comparisons for the total FY05 CPL budget. Contract Operations is the existin~ budget - Borough Operations is the estimated cost fo~ Borough operations. $111,000 is a conservative estimate and we believe savings will be more. Funds are available in the CPL operating budget 290.32122. If the positions are approved, funds will be transferred from the CPL contract services account to the appropriate wage accounts. 58 Carver Investments Sky Carver- President RECEIVED 2Et I'O.CT I I 07 Subject: Soldotna Landfill and Baler Facility Dear Borough Assembly Member, KPB CLERK'S OFFICE It is my understanding that you are being presented with a plan to have the Borough assume the operations at the Soldoma Landfill beginning January 1, 2005. We would like to offer you another option. That option would entail selling the building, land and facilities and then leasing them back from Carver Investments; with all operating equipment and personnel supplied in a mm-key manner. Carver Investments has personnel with 10 years of successful experience operating this particular facility and over 20 years operating facilities in all of the Borough's other solid waste locations. This includes landfills and transfer stations. Our relationship with the Borough began in 1974 when I personally began driving the trash truck at transfer sites in Ninilchik and Anchor Point. Borough officials can speak to the quality of our relationship and service over the years. The sale and lease back of the Soldoma Landfill and Baler Facility will save the Borough many millions of dollars over the life of the facility. We can help the borough avoid a common trap that some governmental agencies fall into; h/ring more than enough employees demanding higher-than-market wages and expensive health and retirement benefits. As an example, the current contract calls for two unnecessary personnel positions that were placed in the specifications to satisfy Borough contracting officers. This raises the cost to the Borough by at least $85,000 per year. If the Borough assumes operations on a long-term basis, you can be assured there will be higher costs. An added benefit of this option is the savings in Borough personnel required to monitor the current contract system. As the owner and operator, we will be responsible for all engineering and environmental requirements. Carver Investments will be the party responsible for interacting with OSHA and DEC. Additionally, for budgeting purposes, costs will be known years in advance and can be planned for in an orderly manner. Additionally, the sale and lease back option will provide stabili _ty in operations. We never have, nor will we ever, forfeit a bid bond in order to obtain a higher contract price for our services. Carver Investments is able to complete this transaction and provide this service to the Borough by the beginning of 2005. Again, we can meet all environmental requirements and additionally have the financial capability to proceed in a timely manner. We will gladly meet with Borough Assembly Members, Borough Solid Waste Personnel or any other interested parties next week or at your next regularly scheduled assembly meeting. Best regards, Sky Carver 220 Daisy Lane, Soldotna, AK. 99669 Office: 262-6879 Mobile: 907-360-t606 rENAl PENINSULA ECONOMIC DEVELOPMENT DISTRICT, INC. BUSINESS INNOVATION CENTER August 24, 2004 Mayor Dale B agley Kenai Pemnsula Borough 144 North Binkley Street Soldotna, Alaska 99669-825'0 RE' KENAI WEB SITE MARKET~G Dear Dale: I understand that funds set aside in the Borough's 2005 budget earmarked for the development of a Kenai products website might be available for marketing the Ex~ortAlaska. com website. I'd like to take a few minutes to talk about this site. ExportAl~k~com was developed to promote "made in Kenai" products to new markets. It is a free service available to anyone producing a product in the Borough. All site. development costs were paid for by KPEDD and all ongoing operational, marketing, credit card fees and shipping costs will be derived from site customers in one way or another. In fact, it is our intention to increase revenues to producers as larger markets support both increased production and higher returns. IL~o~lask, a. com is presently up and running on line and we are getting web hits from all across the US. Our web hit. numbers are modest, however, and will remain so until be start marketing the site- until then, finding the site is a hit or miss proposition. We have applied for a DCA mini-grant for $30,000 to market this site but those ~ants are not issued until late in September.. The following is how we intend on marketing this site' We are presently executing an internal marketing program to introduce, and sign up .producers to the site. We' ye developed an ExportAlaska. com booth that has been set up at events in Homer and Soldotna and will soon be in Seward for a 2- day event. We have contracted to professionally produce an Ea,7~ortAlaska. com video to be run on Channel 2 this fall. We will run a series of ads in the Peninsula Clarion during the same period. All costs associated with this part of the marketing program will be borne by KPEDD. As soon as we have a budget for external marketing (Borough or the mini-grant funds) we will explore co-marketing opportunities with programs that are successfully selling "Alaska" in the Lower 48 markets (Alaska Airlines, Copper River Seafood. Princess Tours, Holland ganer/ca Tour~, Premier Alaska Tours) and with Kenai entities with whom we could develop marketing partnerships MAYOR'S REPORT 14896 KENAi SPUKHW't: SUITE 103-A, KENAi. AK 99611-7756 MAYOR'S REPORT PHONE:907/283.3335 FAX: 907/283-3913 EMAIL: info@kped20-g wv,'w, kpedd.org (Lands End, Kenai Wild, KPTMC, Tsunam~Factor. com). Our primary marketing objective is to multiply the impact of our marketing, effort by piggybacking on larger marketing efforts. Our secondary marketing effort will' involve putting "teasers" into large markets while monitoring website hits in those markets (a "teaser" gets the Expo~laska. com URL in front of an audience of.people likely to go to the sire and to buy product when they get there). We believe that it would be.excellent 'use of the funds in your budget to help market this size rather than' trying to duplicate it. It would, also-be very timely if these funds could. come into play before the mini-~ant funds become.available. If you 'have any further questions or. concerns, please do. not hesitate to call me at '283-3335. ~-.. John Parker . -' ":. - o.. MAYOR'S REPORT MAYOR'S REPORT Introduced by: Date: Hearing: Action: Vote: Mayor 09/07/04 10/12/04 KENAI PENINSULA BOROUGH ORDINANCE 2004-30 AN ORDINANCE ENACTING KPB CHAPTER 5.12.114 TO PROVIDE FOR PROPERTY TAX REDUCTION FOR PROPERTY AFFECTED BY A DISASTER WHEREAS, the Alaska Twenty-Third Legislature, Second Session, passed House Bill 209, which amended AS 29.45.230 by authorizing municipalities to establish criteria for the reduction of taxes on property damaged, destroyed, or otherwise reduced in value as a result of disaster, and permits it to prescribe procedures, restrictions and conditions for assessing or reassessing property and for remitting, refunding, or forgiving taxes; and WHEREAS, the Kenai Peninsula Borough ("Borough") experiences occasional disasters in the form of floods, fires, earthquakes, storms, wind, and volcanic eruptions; and WHEREAS, the Borough wishes to encourage the timely, safe and efficient rebuilding or renovation of disaster damage; and WHEREAS, the Borough recognizes that some form of reduction of taxes, or the reduction in value of disaster-damaged property will promote and encourage the rebuilding or renovation of disaster-damaged property; and NOW, THEREFORE, BE IT ORDAINED PENINSULA BOROUGH: BY THE ASSEMBLY OF THE KENAI SECTION 1. That KPB 5.12.114 is hereby enacted as follows' 5.12.114. Real property tax--Exemptions--Disaster damage. A. Reassessment of Property Damaged by Disaster. An owner of any taxable property within the borough, or any person liable for the taxes thereon, whose property was damaged by a disaster without his or her fault, may apply for reassessment of that property under this section. In addition, the assessor may initiate such reassessment where the Mayor determines that within the current assessment year taxable property located in the borough was damaged by a disaster. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2004-30 Page t of 5 B. Definitions' Unless the context clearly requires a different meaning, the following words and phrases as used in this section are defined as shown below: "Damage" means harm resulting from physical injury to property, including partial or total deslruction, and a diminution in the value of improvements or land resulting from restricted access to property caused by the disaster. "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property, or shortage of food, water, or fuel resulting from o an incident such as storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, explosion, or riot; , the release of oil or a hazardous substance if the release requires prompt action to avert environmental danger or mitigate environmental damage; or go equipment failure if the failure is not a predictably frequent or recurring event or preventable by adequate equipment maintenance or operation. Co Eligibility_. To be eligible for reassessment, the damage to the property shall have been caused by any of the following: 1. A disaster in an area or region declared by the Mayo. r, the Govemor, or the President to be in a condition of disaster emergency. 2. A disaster as that term is 'defined in this section. 3. A disaster that, with respect to a possesory interest in land owned by the state or federal government has caused the permit or other fight to enter upon the land to be suspended or restricted. D. A~¢lication for Reassessment. _ _ le The application for reassessment must be filed .with the Assessor within 60 days of the disaster by delivering to the Assessor a written application, on a form provided by the Assessor, requesting reassessment and describing the condition and value of the property immediately before and after the damage or destruction. , If no application is made and the assessor determines that within the calendar year a property has suffered damage caused by disaster that may qualify the property owner for relief under an ordinance adopted Ordinance 2004-30 Page 2 of 5 New Text Underlined; [DELETED TEXT BRACKETED] 42 Kenai Peninsula Borough, Alaska KENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 BUSINESS (907)262-4441 FAX (907)262-1892 MEMORANDUM DALE BAGLEY MAYOR TO' Pete Sprague, Assembly President Members, Kenai Peninsula Borough Assembly THRU' ~',~. Dale Bagley, Mayor FROM: ~ne Horan, Director of Assessing DATE' August 26, 2004 SUBJECT' Ordinance 2004-_.¢_~/7 Enacting KPB Chapter 5.12.114 to provide, for Property Tax Reduction for Disaster Damage The Twenty-Third Legislature, Second Session, passed House Bill 209 in February of 2004. This bill allows municipalities to write standards allowing for the reassessment and refund or reduction of property tax bills for damages resulting from a "disaster" without a disaster declaration being issued by the Governor of Alaska or the President of the United States. AS 29.45.230(d) has been amended to read' In an ordinance authorized by this section, the municipality shall establish criteria for the reduction of taxes on property damaged, destroyed, or otherwise reduced in value as a result of disaster, and may, consistent with this section, prescribe procedures, restrictions, and conditions for assessing or reassessing property and for remitting, refunding, or forgiving taxes. The administration recommends such relief be provided by allowing the Assessing Department, under specified conditions and application, to reassess the property after the lien date (January 1) to recognize the loss in a property's market value. The current year assessed value of the damaged property would be reduced in proportion to the loss in market value. The new reduced value would be used to calculate a pro-rata reduction in taxes. The affected property would retain its lower value until December 31 of the year, and would then be assessed at full and true value as of January I for the next year. Application would be made on a form prescribed by the Assessor. All appeals of determinations by the Assessor would be made to the Board of Equalization. The recommended effective date of this ordinance is January 1, 2005. S :\WPFILESFIL~SEMBLY~)rd2004~Disasmr mem2.doc ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2004. ATTEST: Pete Sprague, Assembly President Linda S. Murphy, Borough Clerk Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] 45 Ordinance 2004-30 Page 5 of 5 Introduced by: Date' Action: Vote: Mayor 10/12/04 KENAI PENINSULA BOROUGH RESOLUTION 2004-098 A RESOLUTION AUTHORIZING THE NEGOTIATON AND CONTRACTING FOR A CONSULTANT TO ASSIST WITH THE DEFINITION OF FUNCTIONAL AND TECHNICAL REQUIREMENTS, PREPARATION OF A REQUEST FOR PROPOSALS, AND EVALUATIONS OF PROPOSALS WHEREAS, the Kenai Peninsula Borough Finance Department has determined the need for a new financial software package; and WHEREAS, the Kenai Peninsula Borough School District has determined the need for a new financial software package; and WHEREAS, the Kenai Peninsula Borough School District's current financial software package was written in-house many years ago and is one of the last remaining operating systems on the mainframe and is being phased out at the end of the year; and WHEREAS, $150,000 was budgeted in the FY2004 Capital Improvemems Program for planning and designing for a new financial software package (ERP); and WHEREAS, the Government Finance Officers Association (GFOA) exists to financial research and education needs of its member communities; and serve the WHEREAS, the GFOA has established a Financial System Selection Consulting Practice that provides expert guidance instrumental in developing electronic financial software packages for governmental agencies throughout the United States; and WHEREAS, the Kenai Peninsula Borough used GFOA for the Manatron tax assessment and billing project and was very pleased with the work product and professionalism it brought to the project; NOW, THEREFORE, BE IT PENINSULA BOROUGH: RESOLVED BY THE ASSEMBLY OF THE KENAI SECTION 1. That the Mayor is authorized to negotiate and award a sole-source contract with the Government Finance Officers Association Financial 'System Selection Consulting Practice to assist with the definition of functional and technical requirements, preparation of a request for proposals and evaluations in an amount not to exceed $100,000.00. Kenai Peninsula Borough, Alaska Resolution 2004-098 Page 1 of 2 9O SECTION 2. That the mayor is authorized to execute all documents and make all agreemems deemed necessary to complete this project in accordance with the intents and purposes of this resolution. SECTION 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 12TH DAY OF OCTOBER 2004. ATTEST: Pete Sprague, Assembly President Linda S. Murphy, Borough Clerk Resolution 2004-098 Page 2 of 2 Kenai Peninsula Borough, Alaska KENAI PENINSULA BOROUGH ~.x ~~.... 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 ... ~,~~ - ~ BUSINESS (907) 262-4441 FAX (907)262-1892 Memorandum DALE BAGLEY MAYOR To' Pete Sprague, Assembly President Members, Kenai Peninsula Borough Assembly Through: From: Dale Bagley, Mayor Mark Fowler, Purchasing and Contracting Officer Scott Holt, KPB Finance Director Melody Douglas, KPBSD Finance Dir Date' September 30, 2004 Subject: Financial systems consulting services The approved FY2004 budget included $150,000 for planning and designing a new financial software package (Enterprise Resource Planning). A project team consisting of Scott Holt, Borough Finance Director; Melody Douglas, School District Chief Financial Office; Craig Chapman, Borough Controller; and Laurie Olson, Accountant, has been working to organize and schedule the project. The project team has determined the project would benefit from the services of a project consultant to assist with the definition of functional and technical requirements, preparation of an RFQ, and evaluations of proposals. The Borough used the Government Finance Officers Associations (GFOA), for the Manatron tax assessment and billing project and was very pleased with their work product and professionalism. The GFOA is a nonprofit profeSsional organization, which exists to serve the financial research and education needs of its member communities and has established a Financial System Selection Consulting Practice. The project team believes the GFOA is unique in its ability to support the Borough's consulting needs in a manner independent of potential conflicts of interest..The project team recommends the GFOA be contracted with for consulting services associated with the planning and designing for a new ERP system. 92 Introduced by: Date: Action: Vote: Mayor 10/12/04 KENAI PENINSULA BOROUGH RESOLUTION 2004-100 A RESOLUTION ADOPTING AN ALTERNATE ALLOCATION METHOD FOR THE FY 05 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN THE COOK INLET FISHERIES MANAGEMENT AREA WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY 05 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Commerce, Community, and Economic Development that the municipality suffered significant effects during calendar year 2003 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Commerce, Community, and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the Kenai Peninsula Borough Assembly proposes to use an alternative allocation method for allocation of the FY 05 funding available within the Cook Inlet fisheries management area in agreement with all other municipalities in this area participating in the FY 05 Shared Fisheries Business Tax Program; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE PENINSULA BOROUGH: KENAI SECTION 1. That by this resolution the Assembly certifies that the Kenai Peninsula Borough did suffer significant effects during calendar year 2003 from fisheries business activities that occurred within the Cook Inlet fisheries management area and wishes to apply for funding under the FY 05 Shared Fisheries Business Tax Program. Kenai Peninsula Borough, Alaska Resolution 2004-100 Page I of 2 93 SECTION 2. All eligible communities in the Cook Inlet fisheries management area will receive fifty percent (50%) divided equally, and fifty percem (50%) divided on a per capita basis. SECTION 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 12TH DAY OF OCTOBER 2004. ATTEST: Pete Sprague, Assembly President Linda S. Murphy, Borough Clerk Resolution 2004-100 Page 2 of 2 94 Kenai Peninsula Borough, Alaska KIENAI PENINSULA BOROUGH 144 N. BINKLEY , SOLDOTNA, ALASKA · 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR TO' THRU: FROM: DATE: SUBJECT: MEMORANDUM Pete Sprague, Assembly President Members, Kenai Peninsula Borough Assembly Dale Bagley, Mayor I~/~ f3 Scott G. Holt, Finance Director September 30, 2004 Resolution 2004-/g'?/2, Shared Fisheries Business Tax Program - C)ok Inlet Fisheries Management Area In order for the Kenai Peninsula Borough to participate in the FY05 Shared Fisheries Business Tax Program, the Borough Assembly must submit a resolution indicating the adoption of an alternative method for allocation of the FY05 available funding. If the municipalities within each fisheries management area choose not to select the alternative method, it would then become necessary to gather and submit data on actual cost impacts of commercial fishing within each designated area. Given the relatively small amount of funds available, this approach would not be cost effective. A resolution' adopting the alternative method is attached for your approval. The Kenai Peninsula Borough is located in the Cook Inlet Fisheries Management Area. The municipalities located in this area include Anchorage, Homer, Kenai, Kenai Peninsula Borough, Kachemak, Seldovia, Seward, and Soldoma. The FY05 program total allocation to be shared within this area is approximately $56,542.39. The Kenai Peninsula Borough's share will be approximately $8,057.28. Introduced by: Date: Action: Vote: Mayor 10/12/04 KENM PENINSULA BOROUGH RESOLUTION 2004-102 A RESOLUTION AUTHO~ZING THE ACCEPTANCE OF LATE-FILED SENIOR CITIZEN AND DISABLED VETERAN EXEMPTION APPLICATIONS WHEREAS, the borough has received ten requests that the borough accept late-filed applications for the senior citizen residential real property exemption; and WHEREAS, the borough has received one request that the borough accept late-filed application for the disabled veteran residential real property exemption; and WHEREAS, under Alaska Statute 29.45.030(f) the governing body for good cause shown may waive a claimant's failure to make timely application for an exemption for any year; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. Upon reviewing the applications and affidavits submitted with this resolution, the assembly finds good cause for waiving the January 15 deadline for filing the Senior Citizen and Disabled Veteran Exemption applications set out in Section 2 below. SECTION 2. That the deadline for filing applications for the Senior Citizen and Disabled Veteran real property exemptions, as applicable, for the following parcels is hereby waived for good cause: Senior Citizens Parcel No. Year 1) Fontenot, Kathryn D. 063-420-12 2004 2) Friedm~ an, D .~~,.~~Lv ~~9.~ 2004~ '~'~-- °n~ Margaret L.. 047-021-13 ~~~__~2004 4) RaSmussen, Ted K. 063-740-06 2002; 2003 & 2004 5) Reiter, Gerrianne 175-160-3 7 2004 6) Russ, John 063-014-08 2004 7) Smith, John 175-151-02 2002; 2003 & 2004 Kenai Peninsula Borough, Alaska Resolution 2004-102 Page 1 of 2 112 8) Talley, Dean D. 058-140-41 & 42 2002; 2003 & 2004 9) Utter, Roy G. 177-010-64 2002; 2003 & 2004 10) Wik, Harold 013-450-27 2004 Disabled Veterans Parcel No. Year 1) Borchardt, Randall R. 049-160-18 2004 SECTION 3. That the assessor shall process the applications in accordance with standard assessing department procedures for processing such applications. SECTION 4. That this resolution shall take effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 12TH DAY OF OCTOBER 2004. ATTEST: Pete Sprague, Assembly President LindaS. Murphy, Borough Clerk Resolution 2004-102 Page 2 of 2 Kenai Peninsula Borough, Alaska 113 ACCOUNT # LEGAL DESC APPLICATION FOR SENIOR. CITIZEN EXEMPTION DUE ON OR BEFORE JANUARY 15TH OF THE EXEMPTI~~~~~ KENAI PENINSULA BOROUGH, ASSESSOR'S OFFICE 144 N BINKLEY ST, SOLDOTNA, AK 99669-7599 /~U~ ti ;) ~004 262-4441 EXT 211 OR 1-a00-478-4441 YOU MUST BE AGE 65 OR OLDER ON JANUARY l ST OF THE EXEMPTION YEAR~~~QU~L~~::T VERIFICATION MUST ACCOMPANY INITIAL FILING NAME ADDRESS CITY SOCIAL SECURI: (OPTIONAL) DATE OF B! TELEPHOI SPOUSE'S ~ SPOUSE'S DATE OF BI ARE YOU '1'HE VViDOW/WIDOYVER OF A TYPE OF D'WELLING:' PREVIOUSLY QUALIFIED APPLICAN3-2, ~. ..... I-'1 SINGLE FAMILY RESIDENCE ~YES ~e[~,~! y~i,q~tJ'~ L~FOLJ~[~ [-] CONDOMINIUM ~NO ~.~'~.~'~ --~~'~ E]J~ULTI-FAMILY ~ / ~'yES 2~ ! i'. ~: .... i:.', ~)i i~ r'"i OTHER' SPECIFY .' · ~ J t..~ ~_~ :.. ~j ~,., , ' - .. ~o you OWN T~ b~D O~ W~C~ [~O,VOU OW~ VOU~ ~W~bb~? V~S ,,q M T~ ~ ~ ~-~. ~i V ~ D vou~ DW~bU~ ~S srru^T~? r"! PART OWNER: % OF INTEREST ' 'ri PART OWNER: % OF INTEREST WHAT PORTION OF THIS PROPERTY IS USED FOR, COMMERCIAL OR RENTAL PURPOSES;? KPB 5.12.105(E) The assessor may presume that property has not been occupied as .a primary residence and permanent place of abode if the applicant occupied it for less than 183 days during the previous year unless the applicant provides satisfactory evidence that the failure to meet this recluirement did not involve occupancy of another dwelling as a primary residence and permanent place of abode. ::::: :::::: ::::: ::":i :: ::::::::: ::::: :::::::i :i:i::: :::::::::::::: ::::::::::::i :i :::::i::::: i:::::i:i :i:::::i:i:i :i:i ::: i:i:i :i :i:i:i:i ::: i:: :::::i::: :: :: :::::::::::: i:::i: ::i:::: :i::::: i:i::'i ::' :::':::::' :' :':' :' :' :' :': ':':'i' :'i' i'i' :': ':' :' :' :': 'i' :':' """-'"' "° :' "° "":' "' """"" "" '-""'"" "" "° "'"""" :' i'" :' :'" :' "'" i'" "-' :'" '-+"" "' "?i? ': ',"' '-' -'+ :' ""' :'"" "°-' ''+ ""-' :+ :' ":'""-' :"+:' ''+ """ i' :' :' "' :'"" :' "' ":i":""".':':""": ::-'""" ": "::":" :" "":::".'" :': ".' "::: ": .'...'...':.'..:r. :::.':.'r.::::.. """:"'-":::"V "":":" ss sso.,s / I OF , , ~-- ~~'~ dj NEWF'IUNG i-i PRIOR QUALIFIED II INPUT j DISAPPROVED OWNERSHIP & OCCUPANCY ~/J tTM AGE [ VERIFIED BY ... .. .. VERIFIED B , ''.' ' · .. 'L. AND '" " EiUILDING TOTAL LAND BUILDING · t O T AL PROPE.i~T.Y. v~LLIE[ ,. OWNERSHIP" INTEREST - BOROUGH SVC AREA · CITY - , · MUNICIPAL EXEM~:TI ON " .OTHER' ADJUSTMENTS ' OTHER EXEMPTION ' · EXEMPT VALUE TAX CODE AREA 'MILL RAIE .- ' SEN CIT RATES _ TOTAL EXEMPT AMOUNT: .. 119 AFFIDAVIT OF "~>,,'~~~ ? /F'~~_ ~ ~'~ "~Senior Citizen or Disabled Veteran Name) AND APPLICATION FOR APPROVAL OF LATE FILING FOR SENIOR CITIZEN AND/OR DISABLED.VETE~N SEP 0 9 ZOO4 This Application is made Pursuant to A.S. 29.45.030 Required Exemptions and KP._._.~B Code 5.12.105. Real Property Tax-Exemptions - Senior Citizens, Disabled Veterans and surviving spouses thereof. Failure to meet the filing deadline is based on the following reason(s): FURTHER AFFIANT SAITH NAUGHT. Dated at--~~ ~ 2~Dz~, Alaska, this dayof ~Z~::::>~ ,2003. -- _ Cibzen and/or D~sa61ed Veteran S~gnature) "--: (Senior SUBSCRIBED AND SWORN TO before me this Z~day of .~~~~e~- , 2003. Public, State of Alaska My Commission Expires:~l~ ASSEMBLY ACTION' APPROVAL DENIAL R:U=orms~Late File Waiver Affidavit SR & VET.doc 118 AFFIDAVIT OF ' ~ AND APPLICAT ~=ral~~e~=i LING FOR SENIOR CITIZEN AND/OR DISABLED VETERAN SEP Z ZOO4 This Application is made Pursuant to A.S. 29.45.030 Required Exemptions and KP._....~B Code 5.12.105. Real Property Tax-Exemptions - Senior Citizens, Disabled Veterans and surviving spouses thereof. is ased on the Failu_re t.o meet t..he f~iing deadline following reas. on(,s): ~ FIANT SAITH . Datedat ~,-~~ ,Alaska, this~) dayo : -j ~ SUBSCRIBED A d Veteran Signature) 2oo .5 ry Alaska My Commission Expires: M¥Commission ~xpims August 28, 2007 ASSEMBLY ACTION: APPROVAL DENIAL R:\Forms~Late File Waiver Afr~avit SR & VET.doc 120 APPLICATION FOR .SENIOR CITIZEN · DUE ON OR BEFORE JANUARY tSTH !OF THE -~ K ENAI PENINSULA BOROUGH. ASSESSOR'S OP~t,CE 14.4 N B[NKLE¥ ET,. SO:LDO'rNA. AK S-~6§9-759S AUG U ~ ~UU4 2.~2-~41 EXT 211 OR 1-800-478-4441 You ~ST :~E A.~ 65 CR CL~E~ ON J,A~UAR~','ST OF THE ~X,~MPT~CN VERIFICATION MUS~ ACCOMPANY ~N:ITtAL ~IL~N~ AR.=. Y,DIJ THE V,,'IDOW/WIDOVqER O= A ~RE',/C3US_Y OLIALIFIED APPLIC, AN'I'~ , : IF Y'5.S. ARE ','"CU A~F::: '50 OF ,3L3ER;~ -~, NC ~P 5DCIAL 5ECUR lOP'TI 3N,AL. i DATE CF !~ 5PO',J.~'="5 DA?'E CF' .. :..':)~ , r,1 ¢, .... J O',,,'Vl~ YOUR DWELL I,'dG:  ' "ES NC - PART C',)'.e,:~_cR: % C:F INT~-~E~T 'I'~=E CC: DWELLING: SiNGL~ P~'d'i11L'¥ R~,SiD~',IC5 ~C~OM'NIUM MULTI - FAMILY ~C,:BILE HON~. PAR<., '4VHAT F,DRTIO',J OF T["~.'IS PROF=-_R'Y IS US=--O FOR COMMERCIAL OR R.~,--I~dTAi. PURPOSI::Si' SPa' m m m m m m mm "."Ii~4E~BY A~PL? FOR ~E 'SENICR.'~iZEN EXEMPTI~ ON ~Y' ~E0~~ A~ .~OVI~ ~ .~2~;~.030~) ~OR THE . . ''' ASS~S~EPH YKAA'-AS OF J~ARY I~T OF ~E ~$ESS~ENT' ~E,.I DW~D AND C~~'TEE ~~E . ' O~SOP!8~O PROP~Y AS MY ~'.%M~N~ P~¢~ O~ EE~I~N~.AT LEAST 1~3 DAY~ DD.~ THE.P~EVi~S-~A~. ...... ..... C~ff~P~EAT!ON: I 14ERE~ ~RIIFY ~AT THE i UNDER.STANB THAT '~LF~L. ~I~TA~KMEN~; 76~ K. g~5m'.-'~e~''~'.''.':':: ~:::~'.:::~;~::';::~:~:~~-: '~:. ~~~~;~:~'~'~;'~;.:;'~;3: :".~ - ~ -.o4 '~:~?: ~ -TYRE O~.E~"Ov:'~~G' ..-..,.., .;: :.:.~: ;g'~O~TU~..' . ::.-::::::::::::::::::::::::: :':': :~-:':.:~'~X?k ...... ........ .. . ,....,.., . . i i i ~ LI ii W].~_.~.~jj.2p,im, . IlIL IIII I I ' '''' ''''1 ' FILING 121 KENAI PENINSULA BOROUGH ~, ---~~-~. ^ 1'44 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 ... "~~,~ ~ BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR MEMORANDUM TO' Pete Sprague, Assembly President Kenai Peninsula Borough Assembly Members THRU: tltg$ Dale Bagley, Mayor David Gibbs, Emergency Management Max Best, Planning Director ~. c.>. Paul C. Ostrander, Land Management Officer From: ~~t Marc.us A. Mueller, Land Managemem Agent Date: Subject: September 20, 2004 Resolution 2004-/~.f, Authorizing the Mayor to Enter imo a Lease Agreement with the USDA Forest Service for the Cooper Mountain Communication Site to Support Emergency Management Communications Equipment The Kenai Peninsula Borough owns and operates Communications equipment at the Cooper Mountain Communications Site near Cooper Landing. This site is owned by the USDA Forest Service and managed by the Seward Ranger District. The KPB Office of Emergency Management applied to the Seward Ranger District for authorization to operate and maintain the KPB equipment at this site. The Seward Ranger District prepared a lease, to authorize KPB's use of the site. This resolution authorizes the mayor to enter into the lease agreement prepared by the Forest Service. The lease expires on December 31, 2023 and rental fees have been waived because of the public safety nature of the Borough's use of the site. 139 · "... I . - ..:'-.-. ~ .-::::::~:.:.:-:~?.: .. · .... .:..- · · . : . . . --.. · .. _.. . .... . :::::::::::::::::::::::::::::::::::::::::::::::::::: · .., .:, .'.:. . .'...: :~:::.::. . . . .... ':. ;:....::: : .... . .., · .. ~::,. ,:', ~..... -~:. .. : , . : · KENAI PENINSULA BOROUGH ~, ---r, ~-~ _L ^ 144 N. BINKLEY · SOLDOTNA, ALASKA' 99669-7599 MEMORANDUM DALE BAGLEY MAYOR TO: FROM' DATE' Dale Bagley, Mayor Mark Fowler, Purchasing & Contracting September 28, 2004 Office SUBJECT: Recap of 2004 Surplus Property Auction The auction held on Saturday, September 25, 2004, realized total gross receipts of $144,598. The big-ticket items were 29 vehicles which sold for $110,900: $46,450 for the School District for eighteen (18) vehicles (buses and vans) $46,000 for the Equipment Replacement Fund for five (5) pick-up trucks and one (1) cargo van $7,500 for Risk Management (reimbursement for two wrecked vehicles) $6,750 for the General Fund for a sanding truck and a pick-up truck. $4,200 for Nikiski Fire Service Area for one flatbed truck Blakeley's Auction Company conducted the auction for a 10.5% fee of the gross receipts. Despite the inclement weather, a total of 198 buyers were registered, compared to 226 in 2003 and 129 in 2002. Most of the registrants were from the various communities within the Borough, with a few from the Anchorage area. A total of $3,074.33 was spent on radio and newspaper advertising, and $191.33 for miscellaneous supplies. Attached is a printout of the disbursement of auction proceeds and a detail of the auction costs. MAYOR'S REPORT MAYOR'S REPORT MAYOR'S REPORT MAYO'R'S REPORT 33 KENAI PENINSUI~ BOROUGH & SCHOOL DISTRICT 2004 SURPLUS PROPERTY OUTCRY AUCTION ADVERTISING COSTS & AUCTIONEER'S FEE NEWSPAPERS ADVERTISEMENTS PENINSUI~ CLARION - Legal ad on September 8, 2004 $48.13 - 3x6 Display ad in Clarion on Sept. 19 & 23, 2004 $414.00 ' 3x6 Display ad in Dispatch on Sept. 15 & 22, 2004' . $180.00 HOMER NEWS - 1/4 Page DisPlay ad on Sept. 9 & 16, 2004 $469.68 SEWARD PHOENIX LOG - 1/4 Page Display ad on Sept. 9 & 16, 2004 $508.20 ANCHORAGE DAILY NEWS - Legal ad on September 19 & 22, 2004 $134.32 TOTAL COST FOR NEWSPAPERS ADVERTISING $1,7 54.33 RADIO ANNOUNCEMENTS KSRM-KSLD-KWHQ-KKIS - 4-Station Combo Rate at $36.00 (for a total of 20 30-second spot announcements from 9/20/04 to 9/24/04; -4 announcements per day per station for five days. Stations to match KPB order. $720.00 KPEN-KWAVE-KGTL - 3-Station Combo Rate at $30.00 (for a total of 20 30-second spot announcements from 9/20/04 to 9/24/04; 4 announcements per day per station for five days. $600.00 TOTAL COST FOR RADIO ANNOIYNCEMENTS $1,320.00 , A. TOTAL COST FOR AD~RTISING $8,074.38 B..MISCELLANEOUS EXPENSES - Supphes' pallet bags, propane for forklifts, visquine, duct tape, etc. $19,1.33 , , C. AUCTIONEER'S FEE - 10.5% of gross receipts ($144,598.00) $15,182.79 , TOTAl, COST INCURRED FOR 2004 AUCTION $18,448,45 MAYOR'S REPORT Auction Costs Incurred.xis 34 MAYOR'S REPORT F,INAL SETTLEMENT Other LESS S~ SALE EX2~ENSES: Auctioneer s TOTAL PROCEEDS OF SALE Other Sale Ad~ by Auctioneer Misc~~ isee atta~h~ list)_ DEDUCT TOTAL S~'S SALE EXPENSE: NET ?ROCE~S OF SALg $ I, (or. we, the seller of goods, merchandise md/or property sold at public auction on above date and location, ac2mowled~ and accept th/s settlement of proceeds of sale, I (or we) agree to accept all respo~ib~W for providing ~'fitle-to. all goods, ~dise, and/or pro~ sold, and for d~v~,y of title to purchaz~. Dat~_ ? fir ?//0 ~ .f~llcr's Signattr~_ Seller's Signature_ o MAYOR'S REPORT 35 MAYOR'S REPORT Carol Freas From: Sent: To: Cc' mya renken [mya@visitkenai.com] Tuesday, October 19, 2004 10:14 AM Carol Freas Sasha Lindgren; 'Sharon Brower'; 'David Edwards-Smith'; 'Fred Braun'; 'Jacquie Steckel'; 'Jerry Dunn'; 'Marion Nelson'; 'Pat Porter'; 'Robert Fulton'; 'Robin West'; 'Sandra Vozar' Subject: Wednesday's City Council Meeting Congratulations to the new Mayor of Kenai, the Honorable Pat Porter, and to new Council Member Cliff Massie and returning Council Member Joe Moore. i am sorry I couldn't be there on this momentous evening but wanted to send my congratulations to those who will serve our community in the coming years. I also am sending a heartfelt thank you to those who served our community for many years in such an exemplary manner. Your work is the reason many Kenai "kids" return home. For a brief update, I am beginning to settle in and serve the community and its organizations. One of the projects Kenai Visitor and Cultural Center undertakes each year is the Summer Art Show and the gala reception. The upcoming show is titled Alaska Contemporary Native Arts Now. Mark your calendars now for May 13th, the date of the gala reception. I look forward to working with all of you in the years to come. Warm regards, Mya Renken Executive Director Kenai Convention & Visitors Bureau 907.283.1991 __mya_~.visitkenai.com 10/19/2004 Suggested by: Planning & Zomng Commission CITY OF KENAI ORDINANCE NO. 2068-2004 AN ORDINANCE OF THE COUNCIL OF THE CIT£ OF KENAI, ALASKA, AMENDING KMC 14.20.320(b) BY CHANGING THE DEFINITIONS CF "MOBILE HOME," "}..~ANUFACTURED HOUSING" AND "MODUL3R HOUS!iNG." V HEREAS, KMC 12.20.240 regulates anC~ rr stricts .& ~ use of "mobile homes" in the ~.~t of Kenai; and, WHEREAS, KMC 14.20.240(0 exempts "r.~odular home[s]" and "manufactured housing" from the provisions of KMC 14.20.240; WHEREAS, the definitions of "mobile komes," "r:.m aufactured housing" and "modular home" are in KMC 14.20.320(b); and, WHEREAS, because of recent developments ir:. r~odular, manufactured and mobile homes, t_he definitions of them need to be chan~-';ed; and, WHEREAS, on the 22nd day of September, t~e Planning & Zoning Commission approved a resolution supporting this ordina':~ce. NOW, THEREFORE, BE IT ORDAINED BY 'r'HE COUNCIL OF THE CITY OF KENAI, ALASKA that the definitions in KMC 14 2~ 320(b) are amended as follows: $~ ction 1 Manufactured housing mean:z , dwelling unit that meets Department of Housing and Urban Developme .~t Standards for manufactured housing and is wider than sixteen (16) ~eet, has a roof pitch of 4' 12 or greater with [SHINGLES] roofing and siding common to standard residential construction and is [MOVED r>N THE HIGHWAY BY A LICENSED COMMERCIAL TRAILER] trar..sported to the site and placed on a permanent foundation. Section 2 Mobile home means a str acture, which is built on a permanent chassis in accordance with Depar'cment of Housing and Urban Development Standards [CONTAINED iN CODE OF FEDERAL REGULATIONS TITLE 24, CHAPTER 20] and d,_:signed to be used as a dw :lling unit, with or without a permanent fo'.indation when connected ~.o the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appr, rtenances of mobility are removed and regao'dless of the nature of the foundation provided. Ordinance No. 2069-2004 Page 2 of 2 Section 3 Modular home means a dw.?l!ing construct~ in modules or sections at a place other than the buildi:': site, built t,:' ~--. to T!-.le 4 of the Kenai Municipal Code, is tran.5pm'.., to the site. ..-. ', ',_bled and placed on a permanent 1bunct, o___n. (The definition of "modular hon':~: definition above.) is replaced in. znurely by the PASSED BY THE COUNCIL OF THE CIT~ October, 2004. ~,,;NAI, AL;. ATTEST: ?AT PORTER, MAYOR Carol L. Freas, City C1~- Introa,, .... Adopteci' Effective' October 6, 2004 October 20, 2004 ' November 20, 2004 (SP 8/31/04) CITY OF KENAI PLANNING & ZONING COMMISSION PZ04-40 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, TO AMEND KMC 14.20.230(b) BY CHANGING THE DEFINITIONS OF ~MOBILE HOME," ~MANUFACTURED HOUSING" AND ~MODULAR HOUSING." WHEREAS, KMC 12.20.240 regulates and restricts the use of ~mobile homes" in the Cit of Kenai; and WHEREAS, KMC 14.20.240(f) exempts "modular home[s]" and "manufactured housing' from the provisions of KMC 14.20.240; and WHEREAS, the definitions of ~mobile homes," "manufactured housing" and "modular home" are in KMC 14.5~0.320(b); and WHEREAS, because of recent developments in modular, manufactured and mobile homes, the definitions of them need to be changed. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY KENAI, ALASKA AMEND the definitions in KMC 14.20.230(b) as follows' Section 1 Manufactured housing means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen (16) feet, has a roof pitch of 4'12 or greater with [SHINGLES] roofing and siding common to standard residential construction and is [MOVED ON THE HIGHWAY BY A LICENSED COMMERCIAL TRAILER] transported to the site and placed on a permanent foundation. Section 2 Mobile home means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards [CONTAINED IN CODE OF FEDERAL REGULATIONS TITLE 24, CHAPTER 20] and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. PZ0440 Page 2 of 2 Section 3 Modular home means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. (The definition of "modular home" is definition above.) replaced in its entirely by the PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22~d day of September 2004. Chairman \ CITY OF KENAI Suggested by: Adnxinist. OREII~"ANCE NO. 2069-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED LANDS ~OCATED IN SECTION 36 ADJACENT TO THE KENAI SPUR HIGHWAY AND FURTHER IDE'~'TIFIED AS KPB PARCELS #043-010-38, #043-010-33 AND #043-010-34 ARE NEEDED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai acquired Kenai Peninsula Borough parcels #045-130-25, #043- 0 ': 3 33 and #043-010-34, tb :ough State of Alaska Patent No. 4731; and, WHEREAS, this location le'.tds itself to meeting the present and future recreational needs of the community for sports fields; and, WHEREAS, the Kenai Pa :ks and Recreation Commission and Planning and Zoning Commission have deterrnined that the properties are needed for this public purpose; and, WHEREAS, Kenai Municipal Code 22.05.050 provides for the dedication of lands for a public purpose if so determiz~ed by the City Council. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, finding that certes, city-owned lands located in Section 36 a,'ajacent to the Kenai Spur Highway and further identified as KPB parcel #043-010-38. #043-010-33 and #043-010-34 are needed for a City public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALi.~SKA this 20th day of October, 2004. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk (9/23/04)kh Introduced: Adopted: Effective: October 6, 2004 October 20, 2004 November 20, 2004 / Suggested by: Administr ...... CITY OF KENAI ORDINANCE NO. 2070-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000 IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND AND THE PARALLEL TAXIWAY CAPITAL PROJECT FUND. WHEREAS, the Federal Aviation Administration recommends that commercial airports have a full length parallel taxiway; and, WHEREAS, the airport master plan includes this project; and, WHEREAS, the FAA has included this project in their future funding plan; and, WHEREAS, prior to actually receiving the grant the project must be designed and put out to bid; and, WHEREAS, funds are available in the fund balance of the Airport Land System Special Revenue Fund; and, WHEREAS, expenditures for design and bid preparation are grant eligible when the FAA issues a grant for the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Land Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $150,000 Increase Appropriations: M&O - Transfer to Capital Projects $150,000 Parallel Taxiwa¥ Capital Project Fund Increase Estimated Revenues: Transfer from Special Revenue Fund $150,000 Increase Appropriations: Administration Engineering $15,000 135,000 $150,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October 2004. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (09 / 30 / 2004) hl Introduced: Adopted: Effective: October 6, 2004 October 20, 2004 October 20, 2004 Suggested by: CITY OF KENAI ORDINANCE NO. 2071-2004 Administ ....... AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED LAND, IDENTIFIED AS LOTS 1 & 2, BLOCK 6, MOMMSENS S/D REPLAT OF ADDITIONS 1 & 2, LOCATED AT 2402 & 2406 CALIFORNIA AVENUE IN KENAI, ARE REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai acquired these parcels (KPB Parcel Nos. 3911016 & 3911015) through tax and special assessment foreclosures; and, WHEREAS, Ordinance No. 2057-2004 found the properties were not required for a public purpose and could be sold to the public; and, WHEREAS, in preparation for a foreclosure sale, it was noted there is a water meter for service to Wildwood on one of the parcels; and, WHEREAS, Wildwood has been considering changes to their water system and both parcels may be needed to provide access; and, WHEREAS, Kenai Municipal Code 22.05.050 provides for the dedication of lands for a public purpose if so determined by the City Council; and, WHEREAS, the property is needed for a public purpose. WHEREAS, taxes through the judgment year for a total of $2,967.24 will need to be paid to the Kenai Peninsula Borough. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned land, identified as Lots 1 & 2, Block 6, Mommsens S/D Replat Of Additions 1 & 2, located at 2402 & 2406 California Avenue in Kenai, are required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of October, 2004. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk (9/29/2004)kh Introduced: Adopted: Effective' October 6, 2004 October 20, 2004 November 20, 2004 POR. TR. 4 : ':14-'13--'12 11 10 9I 7 6 5 4 1' - (1 2 3 .. 13 12 16 15 14 11 17 15 10 18 12 ~ 9 19 8 20 7 21 11 6 10 22 9 23 ~;~)~ .... .~" 24 8 (7) 0 26 ' 27 .' 10 9 36 __ 15 1 14 --..._ 13 3 ;~ ..... 12' 4 5 7 8 ~ 39 18 38 30 9 7 ~,~¢ 17' /,,,/,,,?q/ 16 8 15 1 ,... '..) 14 2  ..? 13 3 12 11 5 9 10 6. -q.C).. "" 31 ...~W." 30' ,<,,,,¥,,,,,?,'k'~' 29 28 27 t5 16 26 25 33 34 30 35 36 -,. . ~ (6)~0 9 8 7 6 '- i 35 34 33 32" '.~,. PARK 7 7 8 12-A 7 8 10 ' 5 ~ 4 2 1 CAL~.FOI~NZ/:~ AVE 24 23 122 21 i20119ii8,.,,,' 17 I--i 5 i-.-, ..._ SPUR DR ' " 3 ~_,.L 3 19" ....... · 29 28 27 '26 25 [24 123 22 211 20",, -- 2 2 11 ' i 45 " ! ~ ' J ; ~ 40 41 42 43 44 46 47 48 i49 i 50 ! 1 i ' 1 12j 9 ~ 6 6 5 IO 5 4 (lil)11 ---4-'~ 3 12 3 2 13 2 I 14 1 I-A 14-A I-A 6 7 6  5 8 .,~ 5 ~ 4 (110) 9 !~ 4 3 i 2 ~ 11 I ! 12 I 6 7 5 , 8 9~ i 4 9 10t ~ 3 'I' 10 2 11 12t I 12 1-A 12-A F- 6 7 .... 5c__j 8- 4 (,6) 9 3 ' 10 2 ¢ 4 '('-4-)' 4 3 (3) 3 2 2 1 1 1 -A 1 -A 6 6 ,~' 5 !( 5 ~,i TR.A ~! : (5) 2) 4 D! ~ ~ 3 11 ! 2 2 __ l 12 ! 1 I . _ 39t ~i 016 TR. A 'T E.;'X A 5 AVE 5 5 5 10 6 (7) 4 4 1(_~ 11 7 3 3 12 ~ J 2 ~ 2 i 13 8 9 i 2-8 ~ ~4 , I-A ~ 14-B . . I ~ 1 6 I-- 6-B i 7 2 2 40 ,. ~ i 5 ~, 5 ~ 8 3 ~ 3 ;(8)4 , 3 3 5~ 5 ~ 2 ~ 2 ~ 11 37 6 36 ~ 7 7 8 ~ 8 6 '6 7 ~ 5 10 10 5 8 ~ ~ 4 '11 11 ~ ,. 13 ~~A 14 , 14 1 ~ ~SB __ 15 ~ 15 1-A 16 ~ ~ ' 6C ~ 16 17~ 5 Suggested by: Administr. City of Kenai RESOLUTION NO. 2004-56 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,977 IN THE GENERAL FUND TO PAY TAXES ON PROPERTIES DECLARED TO BE NEEDED FOR A PUBLIC PURPOSE. WHEREAS, Ordinance 2071-2004 declared certain parcels of foreclosed property to be needed for a public purpose; and, WHEREAS, taxes levied to the judgment date plus interest in the amount of $2,977 are due to the Kenai Peninsula Borough; and, WHEREAS, funds are available in the General Fund Contingency account NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Non-Departmental Contingency $2,977 To' Land- Miscellaneous $2,977 PASSED BY THE couNcIL OF THE CITY OF KENAI, ALASKA, this 20TM day of October, 2004. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (10/15/2004) hl 144 N. BINKLEY ,, SOLDOTNA, ALASKA ,. 99669-7599 BUSINESS(907) 262-8608 FAX (907) 262-8615 · EMAIL: assemblyclerk@borough.kenai.ak.us October 6, 2004 LINDA MURPHY, MMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 Re' Kenai Joe's Bar Removal of Objection to Continuance Dear Ms. Holland-Williams- Please be advised that the Kenai Peninsula Borough wishes to withdraw the objection to the 2004 continuance of the liquor license for Kenai Joe's Bar. The Kenai Peninsula Borough Finance Department has r~viewed its files and states the licensee has brought their tax delinquencies in compliance accor:~ing to borough policies. Sincerely, Linda S. Murphy, MMC Borough Clerk CC: Applicant City of Kenai KPB Finance Department File o S :\W ~WIN\DATA~a, BCBXAbc-letters\Withdrawai Letters\Withdrawel of Objection of Continuance.wpd AGENDA KENAI CITY COUNCIL- REGULAR MEETITIG OCTOBER 6, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / ~vww. ci.kenai, ak.u s ITEM A: CALL TO ORDER ! Pledge of Allegiance 5 .... Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are consider '~:t to be routine and non- controversial by the council and will be approved by o~' ~: motion. There will be no separate discussion of these items unless a council m:.mber so requests, in which case the item will be removed from the consent agenda an ' considered in its normal sequence on the agenda as part of the Genera/Order: s. ITEM B' SCHEDULED PUBLIC COMMEIJTS (10 minutes) . DeWayne Craig-- Water and Sewer Billing/Bluff View Condomimums, 406 South Forest Drive, Kenai. ITEM C' ITEM D: UNSCHEDULED PUBLIC C~MMENTS (3 minutes} REPoRTs OF KPB ASSE~BLY~ LEGISLATORS AND COUNCII~ ITEM E: REPORTS OF KENAI CgNVENTION &. VISITORS RUI~F. AU BOARD AND KENAI CIiAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS . Ordinance No. 2065-2004 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund for Fuel at the Dock Facility. . Ordinance No. 2066-2004 -- Increasing Estimated Revenues and Appropriations by $40,0C0 in the Water and Sewer Special Revenue Fund to Purchase Land for Wellhouse 4. Motion to Table, Time Uncertain. . Ordinance No. 2067-2004 -- Amending KMC 6.10.010 by Adding Subsection (d) that Requires a Copy of a Nominating Petition be Fried with the City Clerk, with the Candidate's Name, Address and Office Sought, Before the Petition is Circulated for Signatures. o Resolution No. 2004-55 -- Adopting the City of Kenai An.r:~: .x to the Kenai J?cnmsula Borough All Hazard Mitigation Plan as an - fficial Plan. ITEM G: I~INUTES . *Regulax-~:~eeting of September 15, 2004. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Pma. Bills to be Ratified . Purchase Ord,~-~;:s Exceeding $2,500 o *Ordinance No. 2068-2004 -- Amending KMC 14.20.320(b) by Cixanging the Definitions c:!:: "Mobile Home," "Manufactured Housing," and "Modular Housing." o *Ordinance No. 2069-2004-- Finding that Certain City-Owned Lands Located in Section 36- Adjacent to the Kenai Spur Highway and Further Identified as KPB Pa:cels #043-010-38, #043-010-33 and #043-010-34 Are Needed for a Pu'[:~Ec Purpose. , *Ordinance No. 2070-2004-- Increasing Estimated Revenues and Appropriations by $150,000 in the Airport Land System Special Revenue Fund and the Parallel Tamiway Capital Project Fund. . *Ordinance No. 2071-2004 -- Finding that Certain City-Owned Land, Identified as Lots 1 & 2, ~!ock 6, Mommsens S/D Replat of Additions 1 & 2, Located at 2402 & 240(::~ California Avenue in Kenai, Are Required for a Public Purpose. , Approval -- Cooperative Agreement Between Kenai Peninsula Borough, Kenai Peninsula Arctic Winter C.ames 2006 Host Society, and the City of Kenai. ITEM J: 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. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOI~ ITEM L: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 6, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h~tp' / / v~v. ci.kcnai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7'02 p.m. in the Council Chambers in the Kenai City Hall Building. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk and was confirmed as follows' Present were' Linda Swarner Blaine Gilman John J. Williams, Mayor. Joe Moore Rick Ross Absent were' Pat Porter and James C. Bookey, III A quorum was present. A-3o AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: SUBSTITUTE: 1-2, Purchase Orders Exceeding $2,500 -- Addition Of purchase order to Accel Fire Systems to repair leaks In the sprinkler system at Vintage Pointe. ADD TO: K- 1, Mayor's Report -- 7 / 15 / 04 B. Popp letter regarding The formation of a Kenai Peninsula regional Advisory Council (RAC) -- request for letter of support. MOTION: Council Member Swarner MOVED to approve the agenda as amended and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING C)CTOBER 6, 2004 PAGE 2 A-.4. CONSENT AGENDA MOTION: Council Member Swarner MOVED to approve the conser.t agenda as presented and Council Mem~)er Moore SECONDED the motion. ~'here ~ere no objections. SO ORDERED. ITEM B' SCHEDULED PUBLIC COMMEN'£S DeWayne Craig-- Water and Sewer P~lling/ Bluff View Condominiums, 406 South Forest Drive, Kenai. Mr. Craig referred to his letter and attachments included in the packet regarding a bill he received for past due water/sewer charg:s for' a six-plex located at 406 South Forest Drive property. One of the attachm :nts was the letter from Finance Director Semmens breaking down the charges and explaining the account was originally set up as a four-plex; the water/sewer billing record was never updated by Craig when two units were added; there is no building permit record for the addition of unit five; there is a building permit record for a garage ~ 1997; in September 1999 the building inspector discovered Craig was living ir. unit six; and in 2002 Craig submitted a permit to convert the garage to a livinp, space. It was also explained, the charges covered the five years of water/sewer ~ervice received to units six and five. Craig noted he felt he had notified the ciW in 1999 when a survey was submitted to Planning & Zoning indicating the two additional units; his taxes increased when he converted the building to condominiums; the rents had remained the same since the 1980's; and he cannot absorb the water/sewer charges from past rents. Craig requested council to forgive all or a portion of the charges. Discussion followed and Direct~,r Semmens explained the usage for which Craig was being charged; noted there ha~ e been others who have been back billed for utility usages when the uncharged r. sage had been discovered; and, the city does not bill based on a plan being submitted to Planning & Zoning as the application for a building permit does not me an the construction has been completed. A lengthy discussion followed. Swarner stated, because the service was received and according to the code, sh,'; believed he owed the money. Moore stated, according to the code, the burden to apply for .service falls to the user. Gilman stated his concern the city's regulations do not instract the user to inform the city when there is a change. Ross stated the city has a system of self-reporting, it works well, and added, Craig should pay for the ser'~ices received. KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 3 Williams noted, he was willing to waive the penalties and interest as offered by Semmens and added, it appeared there were no other recommendations from council other than for Craig to pay the charges indicated. Swarner asked if all the building permits were current on the property and if there was anything outstanding. City Manager Snow reported there were ongoing ',.ssues on the property and administration w~ '~ wor :lng with Craig on those issues. Moore noted, the billing letter inCicated a September 30, 2004 deadline and asked if it should be extended. Craig noted Semmens offered to set up a payment plan with him and he would be glad to meet with Semmens and work one out. ITEM C: UNSCHEDULED PUBLIC COMMENTS-- None. ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS Assembly Member Betty Glick -- Glick reported on actions taken by the Borough Assembly at their meeting of September 22 and noted their next meeting would be held on October 12, 2004. ITEM E: REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Tim Navarre, President, Kenai Chamber of Commerce -- Navarre reported the new director was on board and doing well; reminded ~.e audience of the Chamber's October 23 fundraiser; and the Kenai Economic Development Strategy Committee had finalized their draft report and would be making presentations in the near furore. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2065-2004-- Increasing Estimated Revenues and Appropriations by $15,000 in the General ?:'und for Fuel at the Dock Facility. MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2065-2004 and Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 4 Swarner Yes Moore Yes Porter Absent Gilman Yes Ross Yes Williams Yes Booker Absent MOTION PASSED UNANIMOUSLY. F-2o Ordinance No. 2066-2004 -- Increasing Estimated Revenues and Appropriations by $40,000 in the Water and Sewer Special Revenue Fund to Purchase Land for Wellhouse 4. MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2066-2004 and Council Member Moore SECONDED the motion. There were no public comments. F-2a. Motion to Table, Time Uncertain. Council Member Gilman noted a memorandum included in the packet from administration requesting the ordinance be tabled, time uncertain, because the appraisal of the property had not been received to date. MOTION TO TABLE: Council Member Gilman MOVED to table Ordinance No. 2066-2004 (time uncertain) and Council Member Swarner SECONDED the motion. VOTE ON MOTION TO TABLE: There were no objections. SO ORDERED. F-3o Ordinance No. 2067-2004 -- Amending KMC 6.10.010 by Adding Subsection (d) that Requires a Copy of a Nominating Petition be Fried with the City Clerk, with the Candidate's Name, Address and Office Sought, Before the Petition is Circulated for Signatures. MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2067-2004 and Council Member Moore SECONDED the motion. ~NAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 5 There were no public comments. Gilman noted, at the last council meeting, a citizen testified her objection to the amendment because she did not like the requirement of the petition. He noted, City Attorney Graves had since reported the requirement of a petition is in the Charter and a vote of the people would be required to amend it. Gilman stated he supported the amendment. Ross also noted the petition is required by Charter, believed the amendment appropriate and supported the amendment. Williams also stated his support of the ordinance. VOTE: Swarner Yes Moore Yes Porter Absent Gilman Yes Ross Yes Williams Yes Booke¥ Absent MOTION PASSED UNANIMOUSLY. F-lo Resolution No. 2004-55 -- Adopting the City of Kenai Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan as an Official Plan. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2004-55 and Council Member Moore SECONDED the motion. There were no public comments. Fire Chief Walden reported the city's Annex is one component of the all-borough plan and was developed by the borough with the assistance of the City's Fire and Police Departments. He also noted, there was a November 1 deadline for submission of the all-borough plan to FEMA. Walden stated the Kenai Planning & Zoning Commission approved the city's annex. Gilman asked if the City had the authorization to amend its portion of the document and suggested an amendment of the city's annex document at Page 14, by removing the first paragraph beginning with the word "ironically." Walden reported the city, through the wording in its resolution, the city retains the authorization to make changes and updates. Gilman stated his reason for removal of the paragraph, because it states, "...attempts to control erosion through shoreline protective measures ...can actually lead to increased erosion activity..." He noted, he believed the statement makes an argument against the city doing an erosion project. Ross stated his agreement the paragraph should be removed as there was no scientific information to back up the statement. KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 6 Williams noted, the city had not received the Corps report on the city's proposed erosion project and believed the paragraph should be removed. City Manager Snow noted a public hearing was scheduled at the Borough on October 1 1 and added, the city could work administratively w/th Borough representatives or attend the meeting and request the paragraph be removed. Williams suggested somee3e attend the hearing and work administratively with the Borough. MOTION: Council Member Gilman MOVED to remove the first full paragraph on Page 14, beginning with the first word "ironically" from the document and Council Member Ross SECONDED the motion. There were no public or council comments. VOTE ON MOTION TO AMEND' Council Member Swarner requested UNANIMOUS CONSENT. objections. SO ORDE~D. There were no VOTE ON MAIN AMENDED MOTION: Swarner Yes Moore Yes Porter Absent Gilman Yes Ross Yes Williams Yes Bookey Absent MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:07 P.M. BACK TO ORDER: 8:20 P.M. ITEM G: MINUTES agenda. Regular Me~::ting of September 15, 2004-- Approved by consent ITEM H: OLI,~ BUSINESS-- None. ITEM I: NLW BUSINESS I-1o Bills tc be Paid, Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 7 Council Member Swarner MOVED to pay the bills and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. I-2o Purchase Orders Exceeding $2,500 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $2,500, the substitute and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. I-3o Ordinance No. 2068-2004 -- Amending KMC 14.20.320(b) by Changing the Definitions of "Mobile Home," "Manufactured Housing," and "Modular Housing." Introduced by consent agenda. I-4o Ordinance No. 2069-2004 -- Finding that Certain City-Owned Lands Located in Section 36 Adjacent to the Kenai Spur Highway and Further Identified as KPB Parcels #043-010-38, #043-010-33 and #043-010-34 Are Needed for a Public Purpose. Introduced by consent agenda. I-5o Ordinance No. 2070-2004-- Increasing Estimated Revenues and Appropriations by $150,000 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. Introduced by consent agenda. Ordinance No. 2071-2004 -- Finding that Certain City-Owned Land, Identified as Lots 1 & 2, Block 6, Mommsens S/D Replat of Additions 1 & 2, Located at 2402 & 2406 California Avenue in Kenai, Are Required for a Public Purpose. Introduced by consent agenda. I-7o Approval -- Cooperative A~reement Between Kenai Peninsula Borough, Kenai Peninsula Arctic Winter Games 2006 Host Society, and the City of Kenai. MOTION: KENAI CITY COUNCIL MEETING OCTOBER 6:2004 PAGE 8 Council Member Swarner MOVED for approval of the Cooperative Agreement Between Kenai Peninsula Borough, Kenai Peninsula Arctic Winter Games 2006 Host Societs,~, and the City of Kena/. Council Member Moore ,*~F~ONDED the motion. Moore referred to the portion of the document which stated no other competitive sport could take place during the Games week a~.~d questioned whether club and schooi. hockey ,,'zould have to be scheduled aroun. ~ t ~e Games. It was noted, the Ga ':e: would have exclusive use of the multipurpo'.se facility for the Games week. Borough Attorney Thompson explained the intent was for no other compehri,:e sport to occur simultaneously in the communi~; except without the approval of the C-ames. Ross asked if that rule would also apply ',:o property with which the city has contracted out., i.e. the Recreation Center. Thompson answered she believed it would because it is the city's property. She suggested ~ clause could be added to say, "except for property over which i,t has no direct a t:thority." Ross stated his desire to have a clause like that included because that time of the year, the facility is used for indoor soccer. It was noted, the Recreation Center ',vould be a venue for wrestling for the Games and an agreement for that purpose will be developed. Williams asked if the same would apply to use of the airport for security, etc. and Thompson stated they did not w, nt to go into that detail at this time and it would be negotiated at a later date. Gilman asked if Graves had re~ iewed and helped draft the agreement. Graves stated, a draft had been forwarded to '.:he city and upon review, the city suggested changes to the borough and Thompson had agreed to the changes. The City of Kenai's agreement is different than the Soldoma and Homer agreements. He noted, the city retains a lot of authority. Gilman stated t~e believed it a good agreement and because administration reviewed the agreement, recommended changes, the changes were made, etc., he would suppo':t the approval of the agreement. VOTE: Council Member Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM J' COMMISSION/COMMITTEE REPORTS J-Xo Council on Aging-- No report, the meeting was canceled. J-2. Airport Commission -- Moore reported the next meeting wou'/:,d be held on October 14. KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 9 ~-3. Harbor Commission .... '~ity Manager Snow reported the next meeting · 'ould be held October 11 at which t.:me the dip net fishery report would be reviewed a.:i::..d discussed. She also reported she would attend the meeting for Public Works M,~:~ :,~ager Kornelis. J-4. Library Commission -- ~3;...,~iman reported a meeting was held October 4 duri:::., which it ~vas repor-:ed the Court ,'" -stem had donated shelving from t.?:'e i, aw Librar~,.,~ to the Kenai Library. The shelvir., ::~..~ will be stored until it can be used ar the libra,w, '.-hen the library is expanded. Ack:::/nistration was requested to write a thank- you letter to the Alaska Court System for t.!ne donation. J-5. Parks tis Recreation Commis~;::. an -- Ross referred to the meeting summary included in the packet. Snow not¢:-~:,i, the Commission recommended the Council set aside properties in Section 36 as ::xeeded for public use. She noted the issue would be before council at their October- 20 meeting. A brief discussion took place related to the proi::':, :,:~d helmet use policy for the multipurpose facility. Moore stated his disappom~:.ment the Commission did not recommend the use of the policy. Parks & Recrea'~:xon Director Frates reported the Commission's concerns were of enforcement of the policy. Snow stated it was the intention of administration to post a sign to encourage use of helmets at the facility. She requested comments from council if they wanted to consider another direction. Moore requested a copy of the proposed policy be included in the next council meeting agenda for council discussion and Ross agreed, but re,?~,.'.ested the policy be included as an informational item in order for council to review. ,I-6. Planning tis Zoning Commission -- Ross ~:~oted the minutes of the September 22 meeting were included in the packet. He noted, their resolution, relating to setting aside properties in Section 36 for public ~,: se, was approved. He added, the Commission also discussed an amendment to ~::: mobile home portion of the code which would be before council for public hearing on October 20. J-7. Miscellaneous Commissions and Committees J-Ta. Beautification Committee -- Swarner reported a meeting was scheduled for October 12. Alaska Municipal League Report -- No report. J-7c. Arctic Winter Games -- Loren Smith, Executive £~irector of the Games reported a site inspection would take place October 13-16 by m,~mbers of the international committee. They will tour the venues, attend a reception, and hold a meetin§ with members of the community. He also offered an update on other activities takin§ place, i.e. the November 15 openin§ of the Games merchandise store; KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 10 signage placed, flag poles at Airport Way and PRISM placed; a "name the mascot" contest is ongoing in the area schools; the AWG website will include a link to the Kenai Airport; and, a Soldoma quilting group is supplying "Spirit Bears" for all the athletes. J-7d. Stranded Gas Committee -- Council Member Ross reported on the October 14 meeting which was held in Anchorage; presented an update of the Committee's review of proposals; and noted, the Committee's final draft of their report would be out in the next several weeks and encouraged City Manager Snow and Finance Director Semmens to review it at that time. Ross also reported he would be out of state for the November 17 meeting. ITEM K: REPORT OF THE MAYOR -- Mayor Williams noted the following: Asked Assembly Member Glick if the Borough was planning on purchasing additional lots for the public safety facility and she confirmed legislation would be before the Assembly for that purpose in November. · Referred to the letter added to the agenda at the beginning of the meeting from the Borough related to the formation of a Kenai Peninsula Regional Advisory Council (RAC) to provide regional advice to the State of Alaska Workforce Investment Board, the Alaska Department of Labor, and the Denali Commission on local workforce initiatives and. issues. The letter also requested a letter of support from the City. Council had no objections to a letter of support being written and forwarded. Council Member Swarner suggested the city include land sale flyers in the Soldotna Chamber's newsletter. Navarre noted, the Kenai Chamber would be producing a newsletter soon and will be including inserts as well. ITEM L: ADMINISTRATION REPORTS L-1. City Manager-- City Manager Snow reported the following: · There were 60 lots listed for sale in the city's foreclosure sale and 16 were sold. A more detailed report will be included in the next meeting packet. · The expected Corps report, due in September, related to the erosion project had not been received. She contacted the Corps and learned the report had been delayed due to hurricane recovery efforts in Florida by the writer of the report. Work on the report is to resume after October 8. North Star, who initiated a sale of property along Marathon Road, requested the sale terminated due to restrictions placed on the number of beds their facility would be allowed to offer. L-2. Attorney -- Attorney Graves reported he planned on attending the AML Municipal Attorney conference in Fairbanks on November 8 and 9. KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 11 L-3. City Clerk -- Clerk Freas reported on the outcome of the October 5, 2004 election and noted, the canvas board would meet on October 12 to canvass and count the absentee, questioned and personal needs ballots. ITEM M: DISCUSSION M-X. Citizens-- None. M-2. Council Swarner -- · Noted she received a comment from a concerned citizen regarding the modifications being made to the airport parking lot. Airport Manager Cronkhite reported the first row of parking spaces were now being used by the cab companies while the new sidewalks were being constructed. After their completion, the front row would again be used for short term parking and the normal traffic pattern for cabs would also resume. · Noted website concerns, i.e. inaccurate information. Moore -- No report. Gilman -- · Noted it appeared the city would have to invest a substantial amount of money into readying airport property for selling. He asked the status of inquiries to FAA to learn if the Airport Trust Fund could be used for funding improvements to the land. Cronkhite reported she met with FAA recently and discussed the issue with them. Because their reaction was not what was hoped for, she suggested the city wait for the review by the consultant doing the airport survey first. Gilman stated his desire for administration to work with Senator Stevens' office to help with the issue after a response is from FAA is reviewed by City Attorney Graves. · Because the city is now debt free, he asked council to consider the issuance of a bond for different project, i.e. library expansion, paving, coastal trail match, etc. · Because he will be absent from the October 20 council meeting, Gilman expressed his honor and pleasure in serving on council with Council Member Bookey and Mayor Williams. He added, he appreciated the efforts both had contributed to the City. Gilman also congratulated Mr. Massie on his election. Ross-- No report. Williams -- Noted it was his last full meeting as Mayor. EXECUTIVE SESSION- None Scheduled KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 12 ITEM N: ADJOURNMENT The meeting adjourned at approximately 9'45 p.m. Minutes transcribed and prepared by' Carol L. Freas, City Clerk 0 e~ ~- 0 '~ 0 ~0 u~ 0 0 3: 0 Z 0 Z ~ Z 0 Z C> -- Z n 0 w Z o~ Z <~ Z n~ W ..J W W Z o_ ri 0 ~ rn Z 0 ~ , 5 __z 5 0 Z IJJ 0 w 5 Suggested by: Admimstration CITY OF KENAI ORDINANCE NO. 2072-2004 'AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAStC~, AMENDING KMC 14.20.245 BY ADDING SECTION d(4) TO PROHIBIT PARKING OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY THAT HAS NO PRINCIPLE PERMITTED STRUCTURE EXCEPT AS OTHERWISE ALLOWED UNDER KMC 14.20.245(e). WHEREAS, KMC 14.20.245 regulates the use and occupancy of recreational vehicles in the City of Kenai; and, WHEREAS, KMC 14.20.245(d) sets forth the prohibited uses for occupancy and living accommodations of recreation vehicles; and, WHEREAS, KMC 14.20.245(d) allows short-term use (less that 30 days) of recreational vehicles for occupancy and living accommodations on private property that is not a permitted recreational vehicle park if it is not set up for long-term use including skirting, connection to electrical, sewer, water, natural gas or external fuel tanks;and, WHEREAS, the intent of that exception was to allow short-term occupancy of recreational vehicles by visitors such as friends and relatives on othemrise occupied property; and, WHEREAS, use of recreational vehicles for occupancy or living accommodations on vacant lots is not consistent with the intent of the exception in KMC 14.20.245(d). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.245 be amended by adding KMC 14.20.245(d)(4) as follows' (d) Prohibited Use of Recreational Vehicles. No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the following conditions: (1) While such vehicle is parked on any street, road, alley, or fight-of- way. (2) While such vehicle is parked on City property not designated as a recreational vehicle park. (3) While such vehicle is parked on private property and set up for long- term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in, connection to water, sewer, electrical or natural gas, or exceeding thirty (30) consecutive days. [4) While the recreational vehicle is parked on private property with no principal permitted structure located on the property, except a_s otherwise allowed in KMC 14.20.245(e). Ordinance No. 2072-2004 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of November, 2004. Pat Porter, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: October 20, 2004 November 3, 2004 December 3, 2004 (6/25/04 sp) CITY O F KENAI PLANNING & ZONING COMMISSION PZ04-30 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA. RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 14.20.245 OF THE KENAI ZONING CODE BE AMENDED BY ADDING SECTION (d) (4) TO PROHIBIT PARKING OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY THAT HAS NO PRINCIPAL PERMITTED STRUCTURE EXCEPT AS OTHERWISE ,a LLOWED UNDER ICMC 14.20.245(e). WHEREAS, KMC 14.20.245 regulates the use and occupancy of recreational vehicles in the City of Kenai; and WHEREAS, KMC 14.20.245(d) sets forth the prohibited uses for occupancy and living accommodations e f recreation vehicles; and WHE}LEAS, KMC 14.20.245(d) allows short-term use (less that 30 days) of recreational vehicles for occupancy and living accommodations on private property that is not a permitted recreational vehi,zle park if it is not set up for long-term use including skirting, connection to electrical, sewer, water, natural gas or external fuel tanks; and WHEREAS, the ~ntent of that exception was to allow short-term occupancy of recreational vehicles by visitors such as friends and relatives on otherwise occupied property; and WHEREAS. use of recreational vehicles for occupancy or living accommodations on vacant lots is not consistent with the intent of the excepticn in KMC 14.20.245(d). NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA BE AMENDED BY ADDING KMC 14.20.245(d)(4) AS FOLLOWS: (d) Prohibited Use of Recreational \.'ehicles. No person may occupy or utilize any recreational vehicle as living quarte:s or sleeping accommodations under any of the following conditions: (1) While such vehicle is parked on any street, road, alley, or fight-of-way. (2) While such vehicle is parked on City property not designated as a recreational vehicle parl:. (3) While such vehicle is parked on private property and set up for long-term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in, connection to water, sewer, electrical or natural gas, or exceeding thirty (30) consecutive days. [4) While the recreational vehicle is parked on private property with no principal permitted structure located on the pr°perty, except as otherwise allowed in KMC 14.20.245(e). PZ04-30 Page 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of October 2004. Chairman i Suggested by: Administr~ City of Kenai ORDINANCE NO. 2073-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $151,314.05 FOR SHOP SITE REMEDIATION. WHEREAS, at the request of the City of Kenai, the State of Alaska has reappropriated the balance of $151,314.05 from the Airport Maintenance Facility Design and Engineering grant to be used for Shop Site Remediation; and, WHEREAS, it is in the best interest of the City to use the grant for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Shop Site Remedi~/tion Capital Project Fund Increase Estimated Revenues' State Grant $151,314.05 Increase Appropriations: Professional Services $151,314.05 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of November 2004. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance- (10/14/2004) hl Introduced: Adopted: Effective' October 20, 2004 November 3, 2004 November 3, 2004 Section 2-4. Council: Powers. (a) Except as otherwise provided in this Charter, all powers of the City, including the determina- tion of all matters of policy, shall be vested in the Council. Without limitation of the forego- ing, the Council shall have power: (1) To appoint and remove the City Manager as provided in this Charter when the City is operating under the Council-Manager form of government; (2) By ordinance to enact legislation relating to any or all subje:~ and matters not prohibited by law or this Charter; (3) To adopt the budget, raise revenue, and make appropriations; and regulate salaries and wages and all other fiscal affairs of the City; (4) To inquire into the conduct of any office, department, or agency of the City govern- ment, and investigate municipal affairs; (5) To appoint or 'elect and remove the City Attorney and any other personnel in the Depamnent of Law, election personnel, the members of the Personnel Board, the members of the Planning Commission, the members of the Board of Adjustment, and other quasi-legislative, quasi-judicial, or advisory officers and authorities, now or when and if established, or prescribe the method of appointing or electing and removing them; (6) To create, change, and abolish all offices, departments, and. agencies of the City government other than the offices, depart- merits, and agencies created by this Char- ter; and to assign additional powers, duties, and functions to offices, depart- ments, and agencies created, by this Char- ter. of the proceedings of the Council, a in a book or books kept for the ptu~. ........ nantes and resolutions passed by it. He shall be custodian of such documents, records and archives as may be provided by law or ordinance; shall be custodian of the seal of the City,, and shall attest, and affix the seal to document~ vhen required in accordance with this Charter, law'~ ordinance; shall keep a correct and up-to-date record of the city boundaries and changes therein; and shall have such powers and duties relating to elect,.c. ~ as this Char- ter or the Council may prescribe. Mnended bv Proposition #1, October 5, 1976.) Section 2-6. Council:Meetings. The Council shall hold at least two regular meetings every month at such times as it may pre- scribe by ordinance, resolution, or roles of the Council. The Mayor or any four councilmen--... call special meetings. All meetings of the Council shall be open to the public, and the journal of its proceedings shall be open to public inspection; but committees of the Council, including the committee of the whole, may hold private meetings; provided that all actions of the Council shall be taken at public meetings. Section 2-7. Council: Absences to Terminate Membership. If the Mayor or any other councilman shall be absent from more than one-half of all the meetmzs of the Council, regular and special, held within any period of three (3) consecutive calendar months, he shall thereupon cease to hold office. Section 2-8. Councilmen: Removal. The Mayor or any other councilman may be removed from office for any cause specified by applicable state law for the removal of officers, and in the manner prescribed thereby, or by recall as Section 2-5. City Clerk. ~~l~rovideA in this Charter. There shall be a City. Clerk, who shall be officer of the City appointed by the Council for an Section 2-9. Council: Vacancies. indefinite tenn. The City Clerk shall serve as cleft- (a) The Council, by a majority vote of its remain- cai officer of the Council. He shall keep the journal C-3 CHARTER (b) ing members, shall f'fll vacancies in its own membership, including a vacancy in the office of Mayor, fer the unexpired terms or until the vacancies are filled at elections as provided hereto. In case no councilmen remain, the City Clerk, or in his absence, the City Attorney shall forthwith call a special election to fill the va- cancies in the Council for the unexpired terms. If a vacancy occurs before the beginning of a regular I-fling period for candidates for council- men, mad the unexpired term extends beyond the tir.~e when the terms of councilmen elected that x ear begin, then a mayor or councilman for that place shall be elected at the regular election of that year to serve the rest of the unexpired term beginning at the time the terms of councilmen elected that year begin. Section 2-10. Council: Quorum, Rules, Yeas and Nays. , A majority of all of the members of the Coun- cil shall constitute a quorum, but a smaller number may adjourn from day to day or from time to time. The Council may determine its own roles. On the demand of any member, the vote on any question shall be by roll call, and the names shall be individ- ually recorded in the journal. nance or an ordinance making, repealing, trans- ferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced. Within ten (10) days after its passage, every ordinance shall be published in full or by number and rifle. (b) Emergency ordinances and ordinances making, repealing, transfemng, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time. All other ordinances shall go into effect one (1) month after passage and publication unless they specify a later time. Section 2.13. Ordinances: Emergency. An emergency ordinance is an ordinance which in the judgment of the Council is necessary for the immediate preservation of the public peace, health, or safe~, and which should become effective prior to the time when an ordinary ordinance would be- come effective. Every such ordinance shall contain, as a part of its rifle, the words, "and declaring an emergency;" and in a separate section, hereto called the emergency section, shall declare the emergency. An affirmative vote of at least five members of the Council shall be required for the final passage of an emergency ordinance. Section 2-11. Ordinances: Enacting Clause. The enacting clause of all ordinances passed by the Council shall be, "Be it ordained by the Council of the City of Kenai, Alaska," and of all ordinances proposed by the voters under their power of initia- tive, "Be it ordained by the People of the City of Kenai, Alaska." Section 2.12. Ordinances: Passage, When in Effect. (a) A proposed ordinance shall be read, and a vote of a majority of all the councilmen shall 1~ required for its fin~ passage. The vote on Fmai, passage of every ordinance shall be by roll call, and the names shall be individually recorded in the journal. The Mayor shall have no power of veto. No ordinance except an emergency ordi-' C-4 Section 2-14. Ordinances: Adoption by Reference. The Council by ordinance, may adopt by refer- ence codes, ordinances, stan~~, and regulations relating to building, plumbing, electrical installa- tions, milk and milk products, and other matters which it has power to regulate otherwise. Such code, ordinance, standard, or regulation so adopted need not be enrolled in the book of ordinances; but a copy shall be kept in the office of the City Clerk and be open to public inspection. Section 2-15. Ordinances: Codification. The permanent, general ordinances of the City shall be codified and published in book or pamphlet form at least every ten years unless the Council, by use of a loose-leaf system, provides for keeping the Water Quality Standards h_~ D: l/www, state.ak, us/dec/wa te r/wq sa d_trf mvi ew/t rirevi ew. htm 2003-2005 Triennial Review Section Manager, Nancy Sonafrank ',r,{"' .. ,.. · . ..... Frequently Asked Questions: Proposed Mixing Zones Revisions and Permitting Examples What is a Mixing Zone? In introducing the concept of mixing zones, EPA guidance (the Water Quali~., Standards Handbook) states that, "It is not always necessary to meet all water quality criteria within the discharge pipe to protect the integrity of the water body as a whole. Sometimes, it is appropriate to allow for ambient concentrations above the criteria in small areas near ouffalls. These areas are called mixing zones." The Handbook goes on to define mix/rig zones as "an area where an effluent discharge undergoes initial dilution and is extended to cover the secondary mixing in the ambient water body. A mixing zone is an allocated impact zone 'where water quality criteria can be exceeded as long as acutely toxic conditions are prevented." DEC's mixing zone provision complies with these federal guidelines and has been approved by EPA. Why amend the mixing zone provisions? The regulations have been added to and modified in a piecemeal fashion over the years. The result is a much longer than necessary, duplicative and poorly organized reg~alation. One reason to amend the regulations is simply to overhaul them to improve organization and eliminate duplication without changing content. The amendments also include a substantive change to the current all-out ban on mixing zones in freshwater spawning areas. The department, along with the other state resource agencies, has come across permitting situations where the current ban on mixing zones in spawning areas is unnecessary to protect spawning success or fish populations. (More on that later.) Do other States have mixing zone provisions.* All states have provision for mixing and dilution of discharges in receiving waters either through regulation (46 states) or through agency policies and procedures (four states). (C-SAW Mixing Zone Survey) Do other states ban mixing zones in spawning areas? As part of developing proposed amendments, DEC polled all other states to find out how they deal with mixing zones in spawning areas. Of the 21 states that responded to our survey, we found only one state (Minnesota) that has the fiat out prohibition on mixing zones in spawning areas similar to our current regulation. State mixing zone regulations vary widely, but nine states allowed mixing zones in spawning areas under certain circumstances, similar to Alaska's proposed regulations. Eleven of the 21 states did not afford spawning any specific consideration under their mixing zone provisions. 2004 Proposed Mixing Zones Revisions and Permitting Examples Page 2 Will DEC be making mixing zone decisions alone, or will other agencies be consulted? DEC has proposed guidance which calls for consultation with the Department of Natural Resources, Office of Habitat Management and Permitting and the Department of Fish and Game, Division of Sport Fish whenever it is considering designating a mixing zone in a spawning area. As the primary wastewater discharge permitting authority in Alaska, the Environmemal Protection Agency also participates in most mixing 7,one decisions. How would the proposed changes protect fish and spawning habitat? We envision three situations where a mixing zone could be designated in a spawning area. · Some pollutants that affect water ,eaality do not necessarily impact fish or fish spawning. For example, discharges that affect the color of receiving waters or i=actena concentrations usually have no effect on spawning and a mixing zone might be designated. On the other hand, there are pollutants such as sediments or chlorine which can adversely affect fish and fish spawning. The regulation would not allow mixing zones for those substances in spawning areas. · Since fish do not all spawn at all times of year, discharges may be timed to avoid impacts to fish spawning and to protect eggs, juvenile fish and spawning habitat. · There may be situations where adverse effects can be offset by habitat improvements or other measures that would maintain area spawning success, and fish populations and health. Will the water quality affect the quality of fish products? The proposed regulation does not change any of the current water quality standards that protect fish from exposure to contaminants outside of mixing zones. The amendments also retain all df the current protections within mixing zones to guard against exposure to toxic and persistent pollutants or concentration of pollutants through food chain. Are there real examples where the current ban on mixing zones in spawning areas is not work. g? In 1976, the City of Valdez constructed a ditch to carry treated municipal wastewater from their sewage lagoon to the nearby ocean. When the City of Valdez recently applied for a new permit, a mixing zone was not allowed became salmon had begun spawning in the treated effluent. The alternative would be expensive and unneeded treatment or a $1 million pipe to convey the effluent to the ocean. Golden Heart Utilities in Fairbanks (GHU) is another example. GHU applied to renew a discharge permit for backwash water from its drinking water facility when it was discovered that grayling spawn in the mixing zone area. The discharge contains lime sludge, a water softening by-product that has been shown to have no effect on grayling spawning. Nevertheless, the current ban prohibits designating a mixing zone and any discharge. As a result, GHU has spent well over $1 million to redesign its operation and is shipping lime to the Fairbanks landfill adding significant operating costs and shortening the life of the landfill. t, 0 03O ~ 0 O~ 0 N X X ~ · / 0 N I c~ N 0 0 0 0 A 0 0 0 0 0 N 0 0 ~D ~-" 0 0 0 N -I---, W · · m~ X O. · 0© 0© ~ ~ ~ · i ~ 0 ~ 0 · - ~ 0 E~--- 0 ~ X 0 0 ~ E E ~ c-' 0 N > · mmmmm E > mm E .+..., E X 0 0 o 0 ~ I X ~ 0 00T-14-2004 TI-IU 10:51 RI~ KENfiI PEN BOR CLERK 907262861 ?, O1 Inu-odu¢¢d by: Date: Action: Action: Vote: Martin 09/07/04 Posiponed until 10/12/04 Adopted as Amended 8 Yes, 0 No, 1 Absent KENAI PENINSULA BOROUGH RESOLUTION 2004-087(MARTIN) SUBSTITUTE A RESOL~ION OPPOSING THE PROPOSF_~ MIXING ZONE RE~SlONS TO THE ALASKA WATER QUALI~ STANDARDS WtIEREAS, thc State of Alaska Department of Environmental Conservation is proposing s~veral current Mixing Zone regulation changes, which govern the permit reqttiromcnts for areas wher~ treated wastewater mixes wi~ a water body; and ~REAS, the proposed amendments would allow Mixing Zones in."an area of auadromous fish spawning" where the existing rules prohibit Mixing Zones in such areas due to concerns that industrial effluent may have a negative impact on fish habitat; WHEREA~, the enKre Kenai P~insula Borough is int~resu~d in maimaining high water quality and is highly dependent on the growth and propagation of fish and other aquatic life; and WHEREAS, a large pan of the Kenai Peninsula Borough's economy stems from healthy salmon and other marine life stocks residing in thc waterways that could be affected by these proposed regulations; and WHEREAS, the healthy wild salmon and other marine life industries support many jobs and subsistence resources to the people and communities throughout the state; and ~FiI~RKAS, the Kcnai Peninsula Borough has provided si~ificant support to the Cook Inlet Salmon Branding program, which is largely dependent upon the ability to market Cook !~et wild salmon; and WNF~REAS, allowing Mixing Zones in anadromous fish spawning ~rcas would impair thc efforts of Cook Inlet sport and commercial fishers and processors m promote Cook Inlet wild salmon as clean, fresh, and healthy; and WHEREAS, in some cases existing municipal mixing zone pemfit holders have faced permit revocation or costly upgrades when seeking a renewal because salmon have started spawning in the area delineated as the wastc~tcr treatment plant's approved Mixing Zone; and ~REAS, revoking a permit in such cases could be detrimental to the salmon spawning area as it could cause the stream to dry up or otherwise damage thc habitat; and Borough, Alaska Resolution 2004-087 (Sub) UU l- 14-EUUq I HU 1U; bq Hi'i Er. Ri-ii rr..i't DUE uL~. r i-iA WHE~S, a provision authori'~ug existing mixing zone permits to be grandfathered in if salmon start spawning in the previously approved Mixing Zone area would address these concerns; and WHEREAS, the comment p~riod for thc proposed regulations ends on November 1, 2004; NOW, THEREFOr, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough Assembly opposes amending the state waler quality stan~~ to allow wasmwa~¢r to be discharged into areas of anadromous fish spawning in Alaska, md urges ~e Depar~¢nt of Environmcnl~i Conservation to not adopt any such proposed changes except to allow the renewal of p~rmits in ar~ where salmon stoned spawning in thc previously apla'oved mixing zone SECTION 2. That copies of this resolution shall be provided to Emesta Ballad, Commissioner of Department of Environmental Conservation, Governor Frank Murkowski, and Senawrs Thomas Wagoner, Gary Stevens, Georgianna Lincoln, and Con Bunde, Representatives Kelly Wolf, Mike Che. nault, Paul Seaton, Mike Hawker, and Carl Morgan. SECTION 3. That ~.is resolution ~es eff'a¢~ ir, mediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 12TH DAY OF OCTOBER, 2004. ATTEST: Pete Sprague, Assembly President Linda S. M~hY; B°f~ugh aerie ..... Pa, g~ 2 of 2 Kenai Peninmla l~O~O'U~h, Al'asla , sue Changes to state water quali- 'ty standards un~r consi~- tion by the Alaska Department of Environmental Conservation have drawn the attention of the Kcnai Peninsula Borough Assembly, "which' 'Tuesday passed a resolution: 'opposing revisions to the regulati' ons gov- eming mixing zones in.salmon- bearing streams" '" Mixing zones are areas 2004-087, which she wrote, pointed out, allowing mixing zones in the streams "would impair the efforts of Cook Inlet ~sport and commercial fishers and processors to promote Cook Inlet wild salmon as clean, fresh and healthy." The assembly voted unani- mously to support the resolu- tion that urged ADEC not to adopt the proposed standards. The resolution actually adopted was a substitute mea- sure that added provisions rec- ognizing the fact that certain permit holders, as an example, the city of Soldotna, currently hold mixing zone pemfits for sewage-treatment facility effluent. Salmon began spawn- ing within the zone after the zone was permiRed. The resolution urges ADEC to recognize that fact and to allow the tc~ewal of permits in such areas. The city of Homer passed a ution m ~eptember oppos- ,)le regulatory changes to where wastewater from indus- trial and sewage-treatment facilities are flushed into water- ways · where they are diluted. Existing state standards prohib- it mixing zones in areas of anadromous fish spawning because of concerns for the fish . 'The state 'has pr°Posed changes, that would allow wastewater discharges from- industrial and ,sewage facilities into such streams, rivers and other waters capable of sup- porting the spawning or rearing ,of various fish species. Under the proposed changes, mixing zones would be apprOved only if evidence shows the zone would not adversely affect the habitats' ability to support fish incuba- tion and rearing.' · Assembly ~nember. Milli Martin of Diamond Ridge raised concerns that the pro-' posed new standards may not be suict enough to protect the fish, fish critical to the economy of the Kenai Peninsula and Alas- ,-rh'~,§~e0i~c~ ~t' ~ow- lng mixing zones in anadw- mous s~ may have unfore- seen physical results on the fish, as well as negative impacts on the marketability of Alaska's wild seafood," she said in a "memo to the assembly. She noted the borough's ongoing support for the Cook Inlet salmon branding pwgram, Kenai Wild, and.its dependence on the ability to market local salmon, As the Resolution .:: · al pollution of .our priceless affect fish spawning. . ,.~ Area to pay for distance learn- salmon., stmnms'" by, indus~nl;~ ,. Tho agency-sees thre~ situa~:,~'Uig i~luipment. The equipment 'effluent.'" ~ ':. · ~,- ~'", timis Where mixing .zones :~.~Would ',give' the hospital the Michael L. Munger, execu-', could be allowed without '..capability for interactive satel- rive director of CIRCAC, said' harming spawning areas- lite distance learning that the proposals would violate the where the specific .pollutants · -would allow the hospital to hold federal Clean Water Act and .'. do not harm fish, where .dis- classes locally with partici- U.S. Environmental Protection. ' chal:ges could be scheduled to "' pants and instructors anywhere. He said Agency guidance. giv- ing ADEC. the ,discretion to allow intentional discharges of pollutants into anadromous streams would ci'eate a danger- ous and unnecessary prece- dent. "CIRCAC strongly opposes 'the proposed regulations as written," Munger said, adding that removing the statewide ban on mixing zones in anadromous streams was "bad environmen- tal policy;' that the changes avoid spawning season, and :. i. The' capability is expected to where- a project's design '~ reduce travel expenses, among included habitat improvements .; other savings. that might offset any adverse ~Adopted Ordinance 2004- effects so there would be no net ] 9-1 l, accepting and appropfi- change to the habitat's ability ating a $6,000 grant from the to support spawning. ~Alaska Division of Homeland Further, ADEC argues that :,;' Security and Emergency Man- the new regulations would con- . agement to cover costs associ- solidate mixing zone standards ,-~ ated with the m'eation of the that are now spread out over six. borough's All-Hazard Mitiga- sections of the Water Quality tion Plan, now entering its final Standards regulation. Consoli- · stages. dation would make the regula- - ~ Adopted Ordinance 20(0- would "create loopholes for' dons eazicr'to administer and 30, pwviding'for property tax polluters/' and that the pr. ovi- work with, ADEC said. reductions for properties affect- sions considering an appli-. According to the agency, ed by disaster. cant's proposed pollution mid- those affected by the proposed ~ Adopted Ordinance 2(I)4- gation measures "suggests that ' changes would, include sewage . 32, requiring a public heating the health of Alaska's anadro- treatment plants, industrial be held within a proposed mous fish spawning habitat can be bartered." ADEC says its proposed changes take environmental concerns into account and that easing the current restrictions would recognize that some facilities such as seafood expanded service area prior to processors and.mining opera- the adoption of an ordinance dons...'' expanding any such service Mixing zone standards also area. impact drinking water users; ~ Passed Resolution 2004- commercial,, sport and, subsis- ' 099, certifying the results of the tence fish 'and seafood.users;" Oct. 5 municipal election. ..... ,~onstreams. The Cook lnlet effluent discharges are not Regional Citizens Advisory Council also expressed itself on the issue lsst month in a letter to ADEC officials, arguinR that the proposed mixing zone revi- sions had "the potential to nul- lify years' worth of diligent and water recreation users, I Passed Resolution 20(O- harmful to fish. ADEC said. ' 105, authorizing borough For instance, ADEC says In other business, the assem-- Mayor Dale Bagley to enter current regulations do not. bly: into cooperative agreements allow the agency to permit a · Introduced Ordinance between the borough, the mixing zone for bacteria in a 2004-19-18, which would Kenai Peninsula Arctic Winter discharge from a community accept and appropriate a Games2006 Host Society and wastewater trcotment plant, $10,000 state grant to South the cities of Homer, Kenai and Introduced by: Date: Action: Action: Vote: Martin 09/07/04 Postponed until 10/12/04 KENAI PENINSULA BOROUGH RESOLUTION 2004-087 A RESOLUTION OPPOSING THE PROPOSED MIXING ZONE RE~SIONS TO THE ALASKA WATER QUALITY STANDARDS WHEREAS, .he State of Alaska Deparunem of Environmental Conservation is proposing several current Mixing Zone regulations, which govern the permit requirements for areas where treated wastewater mixes with a water body; and WHEREAS, ~.ne proposed amendments would allow Mixing Zones in salmon-bearing streams where the existing rules prohibit Mixing Zones in such areas; and a large part of the Kenai Peninsula Borough's economy stems from healthy salmon' and other marine life stocks residing in the waterways that will be affected by these proposed regulations; and WHEREAS, the healthy wild salmon and other marine life industries support many jobs and subsistence resources to the people and communities throughout the state; and WHEREAS, the Kenai Peninsula Borough has provided significant support to the Cook Inlet Salmon Branding program, which is largely dependent upon the ability to market Cook Inlet wild salmon; and WHEREAS, allowing Mixing Zones in salmon streams would impair the efforts of Cook Inlet sport and commercial fishers and processors to promote Cook Inlet wild salmon as clean, fresh, and healthy; and WHEREAS, the comment period for the proposed regulations ends on September 10, 2004; NOW, THEREFORE, BE IT PENINSULA BOROUGH: RESOLVED BY THE ASSEMBLY OF THE KENAI SECTION 1. That the Kenai Peninsula Borough Assembly opposes amending the state water quality standards to allow wastewater to be discharged into salmon-bearing streams in Alaska, and urges the Department of Environmental Conservation to not adopt any such proposed changes. Kenai Peninsula Borough, Alaska Resolution 2004-087 Page I of 2 ~, '--"~-- ~ .. 144 N. BINKLEY SOLD DTNA, ALASKA ~-'~669-7599 MEMO?~~TD~ DALE BAGLEY MAYOR TO' FROM: DATE: SUBJECT: Pete Sprague, Assembly President Members, Kenai Peninsula Borough Assembly Milli Martin, Assembly Member ~ August 26, 2004 Resolution 2004-ff~ff, opposing regulations authorizing wastewater discharge into salmon-bearing streams It recently came to my attention that the State Department of Environmental Conservation is proposing changes to the water quality standards that would allow wastewater discharges from sewage treatment and industrial facilities to salmon-bearing streams. Wastewater can not presently be discharged into salmon-bearing streams. Under the proposed regulations, wastewater could be discharged into streams, rivers, or other flowing fresh waters with the capability to support spawning, incubation, or rearing of anadromous or resident fish. The area where treated wastewater mixes with a water body is called a Mixing Zone. The proposed regulations require that the department approve a Mixing Zone only if it finds that available evidence reasonably demonstrates that the Mixing Zone will not adverse; y affect the capability of the area to support such incubation and rearing capabilities. However, there is concern that allowing mixing zones in anadromous streams may have unforeseen physical results on the fish as well as negative impacts on the marketability of Alaska's wild seafood. Your support of this resolution opposing these regulations is respectfully requested. 66 KENAI PENINSULA B. OROUGH ~, --~~-_~... 144 N. BINKLEY · SOLDOTNA, ALASKA 99669-7599 . .~-1~''- '~~ BUSINESS (907) 262-4441 FAX (907)262-1892 MEMORANDUM DALE BAGLEY MAYOR TO: FROM: DATE' SUBJECT' Pete Sprague, Assembly President M embers, Kenai e enin sula Borough A~.. Milli ~Iartin, Assembly Member September 30, 2004 Resolution 2004-087 proposed substitute, opposing the proposed Mixing Zone revisions to the Alaska Water Quality Standards After introducing Resolution 2004-087 at the September 7, 2004, meeting, it came to my attention that additiomil issues regarding the proposed Mixing Zone regulations should be addressed in the resolution. These include concerns expressed by the City of Soldotna, Cook Inlet Regional Citizens Advisory Council, and others. The City of Soldotna currently operates a wastewater treatment plant and has a permit authorizing it to discharge effluent into a Mixing Zone. The City is concerned that without these amendments to the regulations, it may face problems when seeking renewal of the permit if it can be shown that salmon have begun spawning in the approved Mixing Zone since the permit was originally issued. Other municipalities have been forced to spend significant funds to address such concerns even though there may not have been damage to the spawning area as the fish began spawning after the effluent was discharged to that area. Additionally, the City of Homer has adopted a resolution, which is attached for your consideration, opposing the regulations in these salmon streams. Finally, the Cook Inlet Regional Citizens Advisory Council expresses concerns that the regulations may negatively impact the anadromous streams. This substitute resolution attempts to address the various concerns. Your consideration would be appreciated. Sep-ZS-04 09:Zgam F:rom-ClT¥ OF HO~R T-054 P.01/01 F-054 Yourko~vski CITY OF HOMIER HOMER, ALASKA RESOLUTION 04-77 A KESOL~ION OF THE CITY COUNCIl. OF HOMER, ALASKA, OPPOSING GOVERNOR MURKOWS~'S PROPOSAL TO ALLOW INCREASED POLLUTION (MIXING ZONES) IN SAIA4ON STREAMS. WHEREAS, Alasl~ wild salmon are renowned worldwide for being dean, flesh and healthy; and WHEKEAS, Alaska salmon require clean waxer and headthy habitats to ~rive and reproduce; and WI~KEAS, Fanned salmon have created significant social and economic dislocations for Cook Inlet Fishermen; and WHEREAS, Alaska salmon marketing hinges on consumer prefereuc¢ for fish coming from dean, pristine waters; and WHEREAS, Alesk~ salmon support countless families and communities throughout thc state, and form pan of the cultural fabric which makes Alaska unique; and WHEKEAS, The Murkowski Administration has proposed rule changes which will increase pollution in salmon streams; and WHEKEAS, Salmon health, salmon habitat and salmon marketing will suffer under the Murkowski Administration's proposal. NOW, THEREFOKE BE IT RESOLVED that the Homer City Council hereby opposes Governor Murkowski's proposal to allow increased pollution (mixing zones) in salmon streams. PASSED AND ADOPTED by ~h¢ Homer City Council this 13~ day of September, 2004. L./CALHOUN, CMC, CITY CT]=.RK Fiscal Note: NA CITY OF t-tO~R JACK CUStiINO, MAYOR 70 lntroduce~l By: City Manager Date: October 13, 2004 Action: Adopted as Amended Vote: 6 Yes, 0 No CITY OF SOLDOTNA RESOLUTION 2004-74 A RESOLUTION SUPPORTING AN ALTERNATIVE PROPOSAL TO THE PROPOSED ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION MIXING ZONE REGUlaTIONS WHEREAS, the City of Soldotna holds ~, National Pollutant Discharge Elimination System (NPDES) permit with a mixing zone where the receiving waters are the Kenai River (Freshwater); and ',~/HEREAS, c[,rrent regulations requir~ a mixing zone for the effluent from the City's wastewater treatment plant and the existing mix~ng zone has been in place for the purposes of diluting city wastewater tc meet Alaska Water Quality Standards for water supply 18 AAC 70.020 Section lA(i) since July 25, 200~; and WHEREAS. this mixing zone is 152 feet long by 16 feet wide and this zone is not currently recognized as a spawning ama for anadromous fish; and WHEREAS, in the future, salmon or other species could start spawning in the area currently delineated as the Waste Water Treatment Plant's mixing zone; and WHEREAS, current regulations will not allow renewal of a mixing zone permit if this occurs; and WHEREAS, at permit renewal time other municipalities have faced loss of a permit or unplanned costly upgrades due to the absolute prohibition of mixing zones in a spawning ama; and WHEREAS, the Alaska Department of Environmental Conservation (ADEC) has proposed new r~ulations eliminating the prohibition of issuing a mixing zone permit in a spawning area for anadromous fisn; and WHEREAS, the Soldotna City Council deems it more appropriate to address only renewal of existing permits rather than opening spawning areas to new mixing zone permits; and WHEREAS, the City of Soldotna continues to meet the requirements and the spirit of the NPDES clause in the Federal Clean Water Act with one action being investing $3.4 million dollam this year to eliminate the possibility of chlorine discharge into the Kenai River; and WHEREAS, the entire Kenai Peninsula Borough is interested in maintaining high water quality and is highly dependent on the growth and propagation of fish and other aquatic lifo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOLDOTNA, ALASKA: Section 1. The City of Soldotna fully supports a mechanism to provide mixing zone grandfather rights to municipalities. The specific concern to the City of $oldotna is where a mixing zone is developed in freshwater that is identified not to support salmon spawning, but once a permit has been issued and infrastructure has been put in place and salmon am then later identified to have developed spawning beds within the previously spawning free areas. The City of Soldotna would encourage the ADEC to accomplish this through a grandfather clause without allowing new NPDES permits to be issued that allow the creation of mixing zones in areas that are known to support salmon spawning. Sectio.n 2. That copies of this resolution shall be sent to Governor Frank H. Murkowski; Commissioner Emesta Ballard, Alaska Department of Environmental Conservation; Commissioner Kevir' Duffy, Department of Fish & Game; Commissioner Tom Irwin, Departme~ of Nat~ra~ Resource~ .... Representatives Mike Chenault and Kelly Wolf; and Senator Tom Wagoner. Section 3. This resolution becomes effective immec~iately upon its adoption. ADOPTED BY THE CITY COUNCIL this 13t~ day of October, 2004. ATTEST: Teresa Fahning, City Clerk David R. Carey, Mayo~/ CITY OF SOLDOTNA, ALASKA MEMORANDUM To. Mayor and Council ~'~"?~--7C; From: Tom Boedeker. City Manaaer ","', '--- ! Date' September 7" , .:004 Subject' Proposed ADEC mixing zone regulation changes There has been a great deal of comment regarding the proposed ADEC changes to mixing zone regulations Much of the comment gives the impression that mixing zones are not currently allowed in salmon streams and this would now allow them to be permitted. The truth is that mixing zones meeting the standards can be permitted under current regulations, but there is a prohibition of issuing a mixing zone permit in "an area of anadramous fish spawning" rsgardless of whether any adverse impacts exist. The proposed regulation removes this absolute prohibition, but still maintains all the same standmds that a mixing zone will not be ailowed if there are any adverse impacts on spawning areas for anadramous fish. With the exception of removing the prohibition of mixing zone in spawning areas the proposed regulations contain the same criteria for approving a mixing zone as in existing regulations. They combine several sections and reorganize them plus they change the wording on the burden of proof needed for a permit. The existing regulations provide that a permit will be denied if adverse conditions are found to exist. The proposed say the applicant cannot get a permit until they satisfactorily demonstrate that none of the identified adverse conditions will occur. It certainly does not lower the proof standard, and arguably, the proposed language puts a somewhat broader burden on the applicant than what is currently in place. Staff felt this might give more latitude to the ADEC to not approve a permit than under current regulations. Our concern was with this shift, not the question of allowing a mixing zone in a spawning area since neither version would allow one if there were any adverse impact. Given current practices we feel the change is not sufficient for us to object to those changes. The question is whether this has any beating on our discharge permits for the wastewater treatment plant. The answer is yes as the City has a mixing zone permit for discharge into the Kenai River. If a spawning area was identified somewhere in our existing mixing zone, the City could not get a renewal permit when the existing one expired or need modification due to repair or replacement of our outfall. This would be the situation under our current regulations even if there was no harm resulting from the discharge. We could even filter all the particulates out and still not be allowed a permit. Alternative discharge options could cost millions of dollars. This is exactly what happened to the City of Valdez and Golden Heart Utilities (Fairbanks) when their permits came up for renewal A copy of a frequently asked questions sheet from ADEC details the problem with the current absolute prohibition of a mixing zone in a spawning area, especially in Valdez where the salmon moved in and started spawning in the discharge flow. When the flow is cut off the "stream" the salmon started using will go away. As far as other changes go, the regulations keep all the same criteria as exist now, but eliminate some of the specific details of how a. mixing zone is calculated and require the use of computer modeling to demonstrate the mixing zone will meet the criteria in the regulations. · Sep-Z~-ZO04 03:Z3pm From- T-50~ P.OOZ/O05 F-181 "~te mis.~on of ti~ Council is to repre~em the ~ enviro~y safe marine transportation and oil faei M~bers State Alaska Native Groups EnvO~nmenu~ Group~ Organim~ns Cay Borough · l~n~PeaOtm~ Borough September 20, 2004 Ms. Nancy Sonatank ~~rcrnrn~ Specialia Alaska D~fmm~mz ofEnvizonm~~l Cons~on 610 Univ~ity Drive F~bau~ AK 99709 Commmr. s on Proposed Chaunts and ~ons Alaska Admi~isu~ve Code, on Mixiug Zones m Dear Ms. Cook Inlet Kegic~l Citizcr~ Ad. fy Council (CIR.~ commits mg~]/u~ th~ proposed revisions ~o the ~ A~k,a W~ Query Stm~ i~ tS AAC § 70.24O The Cook Inlet Region~ Citizens Advisory Cotmcil (Cf ~orafion organized exclusively for th~ oversight, mol evalu~~ of dl ~ pr~¢nfion, saf~ ~ response pl operaiions, and ~nvirom~~ impac~ of oil ~cer and Inl~ under l~e provisiom of Section 5002 of ~he Oil Po] Oar missi~ is to r~pr~~ th~ citizens of Cook Iul~ in mmine ~aspm~m and oil fa~~ opmmioas in Coot memb=s r~n~mning boroughs, ci~i~s and municipali~$ well as Alas~ Naive groups, c~ fishing, and rn=~icmal and mvimm~mml As en ovc~gh~ group ch~g~ with pro~-c~ng the poll~on, we ere plcesai t~ have obsc~ed major impro end zesponse plmming in Cook Tntc~ CI~CAC he.s mkahold= gra~s, ~ and f~ ag=ac~ spill pro~ O~ precious tm:tuzal ~~ from ind~~ dewlop si~specific re~nsc su'~egics m pr~nmt ~ s~i6v¢ coustml env~'m~mt~ esp~y fish spawni~, mixing reno z~gul~om ~fly proposed by ~ ~m by ~~ ~2~~: Not offiy dom ~ p~o~ ~c P~ne: (907) 2~7222 · F~ (PO?) ~ of Coak lnl~ in pramodng ~i~ op~ ~n Cook Inlet, t~ TMe 18, Chapr= 70 of~ ~d Wa~r Quality Standards g Zone providons of the behalf ofour m=nber 2~$-6102 ~ok saf~ ~13 oil rom- ?-~ P. 00~/005 W~t~ and US EPA Guidmtc~, it ct¢~t~ a d~u~m md utm~~atT pr~~ by ~mg ~~C ~e ~~on to ~ow for ~t~~ ~g~ of,- 5~~ ~ Comments on Regulator~ Chan~es F-181 _~DEC propose~ tn chmgc thc re~ulahons at IS AAC 70 by r~e~ng Sectiom 245, 2~0, 2~5, 260, ~d 270 of'rifle 18 of~¢ ~ A~ve Cod~. The cha~ have been offered by AD EC/n an anempt to "/mpmvc/:lari~ end reduce rednndm 72 The new regulafiom comain a provision tn allow mixillg ZOiI~ iii cerr_~ R~h Spaw~ rh~g ames, end provide consideration for miti/atin$ measures m o/Fse~ the ~potemial adhere imp~ of ~~~ z~nes oa aquae reseurc~'', Removni of stntewide ban on mi~ng ~ones ill anadromons or resident fish or shellfish ~awning or rear~ng nreas i~ had ~vtronm~n~ poli~ ~g ~ door m ~t~n~ d~grad~on ofAla~'~ amdmmo~ ~b spaw~g habim i~ bad. mvironm~nml policy. ~ ~.~-d ~om giv~ ADB¢ ~ role d/scre/on to appwve m/x/ng zones in snean~ rivers, ~ r other flowing ~ weber ames if'"availa~l¢ evidence reasonably demonstrates that ~h= not...adversely affcct the capability of an area to suppc rmr/ng of a~u~tromous or ~esi~ fish'a The new lan! mi~ zone wffi rt spawn/ri& incub~km or ,vagc mod/~es the le/ality c mix/hi zoncs in ~pawn/~ ~ wi',:h the language, "on {y if it ~ evidence rcason~ly dmno~ the~ the mix/ng zorn will not...adve:s~ly aff~ .." spawn~ arras], , Ianguagc providgs no compat~le level of ~tu~c, ~-L~ti~!y eaowm§ ~.cc m, tm/hterally approve a ~/x/ng zone for eny poUunun a~lany time. CIKCAC cannot conceive of a ~ to open the door to po~~ de .irad~ of.,)ur f~ew, have gone to such Stoat 1=~ t~ protect, tl~.e ,r~urc=. -.in, pzop_o_.s_ea I. dccisians ~ tsherics biolo~ and aquatic ecolc,~ that ~ 72 Sep-ZO-ZO04 03:Z4pm From-. T-608 P.004/006 ~-181 The proposed reaulatory changes create a loophole for ~ ClL~CAC und~mtamis ~ to regulations ~_,~_ -~ in p~ ~d nmwspawni~ h_~hitnr CIRC..~C fr.a~ that, once ~"~pli~ thai: impa~ wa~er q.,HCy in an,,dromoUS ~ increas~ pollution from regulated facilities, including · The proposed reL, ulatio~ do not inctude a process fm i~terasency review Because there is such an m~us public su~ in p~-u~.~ ~ueral and sp~ci~call7 our f~ hab~_ we rcconnncna regulations m dcsc~¢ the procedures for ~cmmc pardcip~on as ~iukcd ,nd~ is A~C 7o.ot~(c). The proposed ndfigmiou pravin~n su~ests thzt the snsdromous fish spawning hsbitsi eau be barizred Thc heal~h and balancc of Alaska's emutwmo~ fistL ~ and every on~ of CIRCAC's m~,,~ber orEmizafiom pfima~ concern of Alaska N~v~ ~ and spc whelha' to amimrizc a. mixins zone trader ~his section, tl consid~...any additional meesu~s ~ would off:sc~ po ns, thc door will be open fo e oil indus~ in Cook public participation and ~g o= aquatic ~o~ b mai conmltafioa and public i~is ofviml~ ~ Healthy fish runs at~ a m fishers, aq~~ grou t.~ ~vem~ ~~ t.o dac permit holder to m.~_~_~ whc~ it oth='w/se wmfl4 x ~ A~ Kaalg, AK 9961 , 5--~enonal c~_,,~ve,~. '~,'ious, Tim ~ a~ Naucy Som~ ' ~s ~c v02~)(4). ~/~ ~~ ~~~ ~~ ~ * 910 ~gh~ P~~- ~0~ 28~22 ' F~ ~07) ;rom- T-508 P.OO~/OCiS ;-181 mca.rates.' We caxuxot conceive of ~ ac¢cpta]31¢ ~~.oa mea?~ tha~ woma ibirl:r conq:,~~e our conscil:uen]~ f~ damages u:, an,?,d~mous f],sh, habi.~C Tlamflc you for your r. omideration of these connnmam feel ~ ~o comact me at (907) 283-'/2~. Si~~ly, ~.x~v~ Dh'~tor o If 7ou :]:~re any questions, )lemse KENAI AIRPORT COMMISSION OCTOBER 14, 2004 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- ao August 12, 2004 September 9, 2004 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BUSINESS ITEM 6: NEW BUSINESS ao Discussion -- Taxiway A-P Extension (Parallel Runway) Discussion -- Runway Incursions ITEM 7: REPORT ao Commission Chair Airport Manager City Council Liaison ITEM 8. COMMISSIONER COMMENTS AND QUESTIONS ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS b, C. Kenai City Council Meeting Action Agendas for September 1, 15, and October 6, 2004. "A Specie Note of Thanks" newspaper advertisement from Marvin & $onya Bailey. 9 / 04 Float Plane Basin Activity Report. 9 ! 04 Kenai Municipal Airport Enplanement Reports. ITEM 11: ADJOURNMENT KENAI AIRPORT COMMISSION OCTOBER 14, 2004 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7'00 p.m. The roll was confirmed as follows' Commissioners Present' Commissioners Absent: Others Present: J. Zirul, J. Bielefeld, H. Knackstedt, C. Versaw, D. Haralson, and J. Watkins. None Airport Manager R. Cronkhite and Council Member Moore ITEM 2' AGENDA APPROVAL MOTION: Commissioner Watk~ns MOVED to approve the agenda as presented and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- August 12, 2004 September 9, 2004 MOTION: Commissioner Zirul MOVED to approve the meeting summaries as presented and Commissioner Haralson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS-- None. ITEM 6: NEW BUSINESS Discussion -- Taxiway A-P Extension (Parallel Runway) Airport Manager Cronkhite reviewed the information provided in the packet relating to the project with the Commissioners. Commissioner Bielefeld spoke in favor of the project. MOTION: Commissioner Bielefeld MOVED to recommend the parallel taxiway project proceed and Commissioner Haralson SECONDED the motion. There were no objections. SO ORDERED. Discussion -- Runway Incursions Cronkhite reviewed the information included in the packet, which consisted of a letter from FAA noting one of their major goals is to increase runway safety by reducing runway incursions. The letter encouraged airport operators to implement a "safety stand-down", i.e. a review of the training program to all personnel who have driving privileges and access to the movement area. The letter also offered review criteria. Commissioner Versaw indicated a tower meeting was scheduled for November 16, 2004 and suggested airport personnel attend the meeting and discuss the issue with those present. ITEM 7: REPORT 7-a. Commission Chair -- Commissioner Knackstedt reported council approved the use of space in the terminal building for the Medallion Foundation at their September 15 meeting. 7-b. Airport Manager -- Cronkhite noted information items included in the packet, including passenger Enplanement reports, etc. 7-c. City Council Liaison -- Council Member Moore referred to the action agendas for the September council meetings. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS A number of commissioners noted they would not be attending the November meeting and it was suggested the cancellation of the meeting be requested. It was also suggested Cronkhite investigate float plane distance markers and placement of a wind sock at the south end of the float plane basin. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION ITEMS 10=a. 10-b. 10-c. Kenai City Council Meeting Action Agendas for September 1, 15, and October 6, 2004. "A Special Note of Thanks" newspaper advertisement from Marvin Sonya Bailey. 9 / 04 Float Plane Basin Activity Report. AIRPORT COMMISSION MEETING OCTOBER 14, 2004 PAGE 2 10-d. 9/04 Kenai Municipal Airport Enplanement Reports. ITEM 11' ADJOURNMENT MOTION: Commissioner Haralson MOVED to adjourn the meeting and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:24 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING OCTOBER 14, 2004 PAGE 3 KENAI HARBOR COMMISSION MEETING OCTOBER 11, 2004 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER/~ ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MEETING SUMMARY -- August 9, 2004 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BUSINESS ao Discussion -- Dip Net Fishery Report ITEM 6' ITEM 7: NEW BUSINESS REPORTS ao Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/0UESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ao Kenai City Council Action Agendas of September 1 and 15, 2004. ITEM 11' ADJOURNMENT KENAI HARBOR COMMISSION MEETING OCTOBER 11, 2004 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIR TOMMY THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER/h ROLL CALL Chair Thompson called the meeting to order at approximately 7:07 p.m. The roll was confirmed as follows: Commissioners Present: Commissioners Absent: Others Present: J. Barrett, S. Romain, T. Thompson B. Eldridge, P. Barrett, G. Foster, and J. Spracher City Manager L. Snow, Lt. K. Wannamaker and Chief C. Kopp Due to a lack of quorum, the meeting was adjourned. A work session was called to order in order for those present to discuss the Dip Net Fishery Report. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- August 9, 2004 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ao Discussion -- Dip Net Fishery Report ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. Dock Foreman c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ao Kenai City Council Action Agendas of September 1 and 15, 2004. ITEM 11: ADJOURNMENT The meeting adjourned at approximately 7'10 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION WORK SESSION OCTOBER 11, 2004 KENAI CITY COUNCIL CHAMBERS CHAIR TOMMY THOMPSON, PRESIDING This work session was due to a lack of quorum for the regularly scheduled Commission meeting. Lt. Wannamaker presented a summarization of the dip net fishery report included in the meeting packet. He stated, issues to note have to do with camping and fires, i.e. placement of fire rings, where to install, how to monitor, wintertime retrieval and storage, etc. It was noted, administration would continue with discussions of those concerns and Chief Kopp stated the Police Department has no specific recommendation at this time, but the Administration is continuing to meet in order to provide the Commission(s) and Council with it's recommendation. Other items discussed were: · · A master sign board -- it was pointed out this could help centralize information and the information could be printed for handouts as well. · Season pass -- perhaps non-transferrable though transferable seems reasonable for a prep.aid punch card for parking. · Restrooms-- general agreement was the port-a-potties are a great benefit and a permanent vandal-proof facility would be great. Section line easement -- The Department of Natural Resources (DNR) may not allow closure of the section line (Old Cannery Road) next year. DNR requested a survey showing where the fence and the old boat are in relationship to the section line. The Commission would like to review the survey at its next regular meeting. No problems were noted with placing a fee shack on the Dunes Road right- of-way. The work session ended at approximately 8:30 p.m. Notes prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION WORK SESSION OCTOBER 11, 2004 PAGE 1 OF 1 KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS OCTOBER 5, 2004 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3' APPROVAL OF MEETING SUMMARY-- August 3, 2004 ITEM 4' PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BUSINESS ao ITEM 6- Discussion/Recommendation -- Library Subcommittee Meeting Date NEW BUSINESS ITEM 7: REPORTS ao Director Commission Chair Friends of the Library City Council Liaison ITEM 8: COMMISSIONER COMMENTS / ~UESTIONS ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a, Kenai City Council Action Agendas of September 1 and 15, 2004. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. ITEM 11' ADJOURNMENT KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS OCTOBER 5~ 2004 7:00 P.M. CHAIR EMILY DE FOREST~ PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER/h ROLL CALL Char DeForest called the meeting to order at approximately 7'04 p.m. confirmed as follows' The roll was Commissioners Present' Commissioners Absent' Others Present' E. DeForest, J. Brown, J. Rodes, K. Dunn, B. Peters, and C. Brenckle K. Heus Library Director E. Jankowska and Council Member B. Gilman ITEM 2' AGENDA APPROVAL A request was made to add shelving as Item 6-a, a New Business discussion item. MOTION: Commissioner Brenckle MOVED to approve the agenda as amended and Commissioner Brown SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY-- August 3, 2004 MOTION: Commissioner Brown MOVED to approve the August 3, 2004 meeting summary and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4' PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5' OLD BUSINESS Discussion/Recommendation -- Library Subcommittee Meeting Date Commissioner Brenckle reported the Court System did not wait to hold a meeting with the Library Subcommittee and removed the books from the Law Library. The books are currently being stored by the Youth Court. It was also noted, no subcommittee meeting would be held at this point. ITEM 6: NEW BUSINESS Discussion-- Shelving It was reported, a call was received from the Court Clerk stating the Court System wished to donate new book shelving (removed from the Law Library) to the Kenai Library. The value of the shelving was estimated at approximately $15,000. Storage space for the shelving would need to be located until space is available for placement at the library. Discussion followed and it was suggested, if a library addition goes forward, the funds previously donated by the Friends of the Library for purchase of furniture would go much farther. It will probably be necessary to approach the public sector to find storage space to rent or to be donated for the shelving. If donated, a tax deduction may be available for the one donating the space. ITEM 7: REPORTS page. Director -- Jankowska presented the new catalog system and library web 7-b o Commission Chair-- No report. 7-c. Friends of the Library -- It was reported the annual raffle would take place in October and tickets were available; the Friends were also selling book bags for $10; and, the Friends are searching for a new board member. 7-d. City Council Liaison -- Council Member Gilman stated the newly elected Council member may be interested in a library expansion and a Christmas tree bond issue could be considered along with other projects. ITEM 8: COMMISSIONER COMMENTS/OUESTIONS Members stated their pleasure in learning of the shelving donation. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 10-a. 10-b. Kenai City Council Action Agendas of September 1 and 15, 2004. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. ITEM 11. ADJOURNMENT MOTION: Commissioner Brown MOVED to adjourn and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. LIBRARY COMMISSION MEETING OCTOBER 5, 2004 PAGE 2 The meeting adjourned at approximately 8'00 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING OCTOBER 5, 2004 PAGE 3 KENAI PA?.KS & RECREATION COMMISSION OCTOBER 7, 2004 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CAIL TO ORDER/h ROLL CALL ITEM 2' AC. ENDA APPROVAL ITEM 3: APPROVAL OF MEETliNG SUMMARY a, August 5, 2004 Regular Meeting September 2, 2004 Regular Meeting September 21, 2004 Special Meeting ITEM 4' PERSONS SCHEDULED TO BE HEARD ITEM 5' ao ITEM 6: OLD BUSINESS Discussion-- Section 36/Site Plan with Soccer Representative Discussion -- Flea Market Proposal NEW BUSINESS ao Discussion-- Personal Use Fishery Report ITEM 7' REPORTS ao Commission Chair Director City Council Liaison ITEM 8: COMMISSION QUESTIONS/~ COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Council Action Agendas .of September 6 and 15, 2004. Beautification Committee Meeting Summary of September 14, 2004 October 2004 Multipurpose Facility Ice Schedule ITEM 11' ADJOURNMENT KENAI PAI~S & KECKEATION CO .iMl~'~$1ON OCTOBER 7, 2004 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAII~IAN RICHA~ HULTBERG, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER & ROLL CALL Chairman Hultberg called the meeting to or,:ier at approximately 7'03 p.m. confirmed as follows: Roll was Commissioners Present: Commissioners Absent: Others Present: R. Hultberg, R. ~- Jills, J. Castimore, T. V,'ems~'r-Quade, and K. Steiner D. Sandahl and :',i..Baxter Parks & Recreatien Director Frates and Council Member Rick Ross ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presentec.:.. ITEM 3' APPROVAL OF MEETING SUMMARY August 5, 2004 Regular Meeting-- Approved as presented. September 2, 2004 Regular Meeting-- Approved as presenteC~ September 21, 2004 Special Meeting -- Approved as presentec.~ ITEM 4: PERSONs SCHEDULED TO BE HEARD -- None. ITEM 5' OLD BUSINESS Discussion -- Section 36/Site Plan with Soccer Representative Director Frates recognized members of the soccer group in attendance and presented the conceptual site plan drawn by Architect Peter Klauder. Frates reviewed the plan with those present and discussion followed. Gneeral ideas and questions were addressed with respect to wind, size, and number of fields. Frates explained those items had been flushed out in a meeting with Kla?cler, soccer representatives and himself earlier. Hultberg questioned why only four fie~ds were included in the plan and Frates explained the intention was to focus on the minimum number of fields needed for what is expected to be a phased project. Frates also noted, he and others were gathering pertinent information in anticipation of grants and it was anticipated information received would be available in November or review. The Commission recommended the plan be adopted as a working document and it be forwarded to council. a-bo Discussion -- Flea Market Proposal Frates reviewed the suggested changes to the Flea Market Proposal and requested comments. Hultberg indicated he and his wife reviewed the proposal and were satisfied. Commissioner Mills questioned whether or not the summer season should include the month of May, but otherwise liked the proposal. MOTION: Commissioner Wemer-Quade MOVED to recommend the flea market proposal as presented be adopted and forwarded to council for review and consideration. Commissioner Mills SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS Discussion -- Personal Use Fishery Report Frates presented the 2004 Personal Use Fishery Report and noted the Parks & Recreation Department expenditures, problems, and suggested recommendations. Frates also presented a written letter from Mary Lee Kornelis, a resident of Toyon Way, Kenai, outlining fire and smoke related issues north of the of the sewer treatment plant. Frates indicated he was not requesting a motion, but wanted the Commission to be aware of the issue. He added, this is one of many items still needing to be reviewed by the'dip net committee. It was expressed it was unfortunate residents have to endure the smoke and potential of wildfires and something should be done to alleviate those concerns. Council Member Ross noted the date of the letter and informed the Commission administration had not had an opportunity to fully review it. The Commission requested the issue of fires and whether or not to all camping north of the sewer treatment plant be tabled until administration has an opportunity to review the issue. ITEM 7: REPORTS Commission Chair-- None. 7-b. Director -- Frates noted the information item relating to Ordinance No. 2071-2004 and the October ice schedule. 7-c. City Council Liaison -- Council Member Ross gave an update of the Section 36 properties and council's approval of setting it aside for public purpose and the approval of Ordinance No. 2067-2004, amending the code relating to nominating petitions. He noted, the petition is a requirement of the Charter and to amend the Charter requires a vote of the people. PARKS & RECREATION COMMISSION MEETING OCTOBER 7, 2004 PAGE 2 ITEM 8: COMMISSION OUESTIONS a,_. COMM~.NT~ Commissioner Castimore noted the October ice schedule and the facility's use and well as updating the Commission on the City of Homer ice arena. ITEM 9: PERSONS PRESENT NOT SCH~'.DULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. 10-b. 10-~:. Council Action Agendas of September 6 and 15, 2004. Beautification "ommittee Meeting Summary of September 14, 2004 October 2004 Multipurpose Facility Ice Schedule ITEM 11: ADJOURNMENT MOTION: Commissioner Castimore MOVED to adjourn and Commissioner Mills SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8'00 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk PARKS & RECREATION COMMISSION MEETING OCTOBER 7, 2004 PAGE 3 KENAI BEAUTIFICATION COMMITTEE MEETING OCTOBER 12, 2004 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- September 14, 2004 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ao Discussion -- Flowerbed Review/Planning ITEM 6: a. NEW BUSINESS Discussion -- 2005 Tentative Planting Schedule ITEM 7: REPORTS a. Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: OUESTIONS AND COMMENTS ITEM 9- PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ao City Council Action Agenda of September 1 and 15, 2004. Parks & Recreation Commission Meeting Summary of September 21, 2004 Special Meeting. ITEM 11' ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE MEETING OCTOBER 12, 2004 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIRMAN MARILYN DIMMICK, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER/h ROLL CALL Chair Dimmick called the meeting to order at approximately 7'05 p.m. The roll was confirmed as follows' Members Present: Members Absent: Others Present: M. Dimmick, L. Seymour, J. Rogers, S. Hatch, L. Nelson, H. Brown M. LeFebvre Council Member Swarner and Parks ga Recreation Director Frates ITEM 2' AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3' APPROVAL OF MEETING SUMMARY -- September 14, 2004 There were no changes to the meetings summary of September 14, 2004 and it was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5' OLD BUSINESS Discussion -- Flowerbed Review/Planning A general discussion was held regarding flowerbed upgrades. Director Frates encouraged the Committtee to keep in mind maintenance as areas are suggested, i.e. Recreation Center, Re-Max bed, Memorial Park sign, etc. Recommendations of the Committee were as follows' Remove tansy from circle planters and bean bed. Replace tansy in circle planters with veronica or Shasta daisies or both. Place ribbon grass in center of some boxes. Deep red lilies for circle planters. New plant material for Chamber. Rework Memorial Park beds, including a shrub bed at the park sign. Transform Re-Max bed. ITEM 6: NEW BUSINESS Discussion -- 2005 Tentative Planting Schedule A brief discussion took place and it was suggested the next season's tentative planting date be set for Memorial Day weekend. ITEM 7: REPORTS Committee Chair-- No report. 7-b. Parks/h Recreation Director -- Frates reported on ice rink activities and miscellaneous work tasks, including late season fertilizing. -C. Kenai City Council Liaison -- No report. ITEM 8: (~UESTIONS AND COMMENTS Chair Dimmick suggested Council Member Swamer continue as the Committee's liaison and stated her appreciation of her passion and commitment. ITEM 9' PERSONS NOT SCHEDULED TO BE HRARD--None. ITEM 10: INFORMATION 10-a. 10-b. City Council Action Agenda of September 1 and 15, 2004. Parks & Recreation Commission Meeting Summary of September 21, 2004 Special Meeting. ITEM 11' ADJOURNMENT The meeting adjourned at approximately 8'10 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING OCTOBER 12, 2004 PAGE 2 0 0 rn~, Z~) · · · · · · · · · Z I- W w w 0 Eo ieo- > 0 ~.~ "~ 0 F_ ._ 0 07 0 e-- m~ ~ 0 t::~ ~ t.l.. §._~ d 0 0 r,- (D 0 0 E (D. E E o o o 0 .,-: ID 0 E'~ E'-' o o~ 0 ) 0 ~ 0'~ >, .0 0 0 0 c~ 0 ,-- o I 0 0 g E ~'E ..I 0 m 0 ._c ~ '~ o~~ '-= o . ~c~~ -- · -- O~ - o~ o ~~ ~ o~ ~'- o ~p~o~ X 0 r-. 0 0 ~ · -. 0 0 0 ~D ~.- 0 P:~o 0 ~ 0 0'0 ~- (1) o o o o.~_, · ~ ~ o ~o ?- 0 o o._o oC~o 0 · 0 ~ ""--' 0 E.~ x o · 0 ~- ILl Z Z E o o o ..m, o o ..,~ o .,.m o ...m o O- I:::: 0..~ 0.~ 0 (1) 0 Eo t'""" ""--' o o ~o~ m W C~ LIJ Z W W W § -~ m'~ 0 0 o ~- ~ o 0 O) O) 0 ~) 0 0 c~ ~) ~ 0 O~ 0 0 r~ o w~ c~ ~-- o o o ~o Lo o ~o o4 o Od (33 ~0 03 0 o ~'~ CD o ~ co ooooo ooo~ ~o~~ ~ ~ ~ ~ 0 ~ 0 0 0 ~ ~0 ~ ~'- 0 ~ o o 0 ~0. C~i 0 O~ v- O) r'~ wi' 0 w~' C~I CO 04 v- oO Od ~,. ~0 v- u') 0 0 ~0 o ~o ~ o~ o~ o ~ ~ m o ~oo ooo ~o~ ~ ~ o 0 o 0 m zz Municipal Advisory Group Resolution 2004-6 Final A Resolution Outlining Voluntary Measures to Ensure Maximum Alaska Hire for the Alaska Natural Gas Pipeline: A. Whereas Alaska residents should benefit from natural resource development by having access to both construction and operation jobs of the Alaska Natural Gas Pipeline; B. Whereas increased Alaska hire will lead to mitigated impacts on affected municipalities by reducing the need for new services; C. Whereas in 1998 the Alaska North Slope Gas Commercialization Team (Commissioners Will Condon and John Shively and Attorney General Bruce Bothello) made recommendations for voluntary measures to ensure Alaska hire; D. Whereas the team conducted its work against a background of U.S. and Alaska Supreme Court decisions striking down previous Alaska Hire efforts; E. Whereas the group sought to avoid these problems by recommending requirements and voluntary measures for Alaska Hire efforts on the part of gas pipeline/export project employers; F. Whereas the Municipal Advisory Group endorses these requirements and voluntary measures to ensure maximum training and hiring of Alaskans; G. Whereas the realization of maximum local hire can be of benefit to the communities of Alaska and the companies involved in construction and operations of an Alaska Natural Gas Pipeline; Be it therefore resolved: 1. The State of Alaska should require project sponsors to submit a plan outlining specific measures to hire qualified Alaskans; to train, in a timely fashion, Alaskans who are capable of becoming qualified; and to contract with Alaska businesses. The plan should include scheduled benchmarks for achieving the training and hiring of Alaskans. 2. The State of Alaska should require project sponsors and gas pipeline contractors to advertise within Alaska for positions, and to use State of Alaska job service organizations to notify the Alaska public regarding jobs. 3. The State of Alaska should require quarterly unemployment insurance submittals by project sponsors and gas pipeline contractors to identify employees and employers involved in project construction throughout the state. 4. The Alaska Department of Labor and Workforce Development should create a statistical indicator of the number of Alaska resident and nonresident employees involved in project construction by comparing quarterly UI submittals against other indexes of Alaska residency, such as PFD qualifications and drivers licenses. 5. The State Commissioner of Labor and Workforce Development should prepare and present to the legislature an annual report, by employer, that identifies the numbers of Alaska residents working on the gas pipeline project. 6. The State of Alaska should negotiate Alaska hiring goals and should develop incentives to reward project sponsors that achieve those goals. Information Insights Inc Municipal Advisory Group Resolution 2004-6: Approved Municipal Advisory Group Resolution 2004-5 A Resolution Outlining the Parameters of a Construction Impacts PILT to Municipalities: A. Whereas construction of an Alaska gas pipeline will bring impacts to municipalities; B. Whereas construction impacts of the project will begin prior to gas pipeline construction, continue through the projected three-year construction period, and phase out a year after construction ends; C. Whereas the State has eliminated or reduced assistance to potentially impacted municipalities and has begun the discussion of gas pipeline construction impacts to municipalities; D. Whereas funding for construction impacts and need for services as a result of construction may not parallel each other; E. Whereas adequate construction PILT funds must begin prior to construction to provide timely, effective services to residents; F. Whereas maximum Alaska hire will result in fewer construction impacts to municipalities by reducing unemployment, in-migration and need for increased services; G. Whereas an increase in general wages within the affected municipalities will result from limited availability of personnel for jobs during construction of the gas pipeline, and the effects of that wage inflation are likely to linger after construction ends; H. Whereas municipalities have particular concerns about the impacts of gas pipeline construction on their road systems and infrastructure; Be it therefore resolved: 1. Payment in lieu of taxes must fund impacts of gas pipeline construction with phasing appropriate to provide funds for specific service delivery. 2. Project sponsors and the State of Alaska should expend maximum efforts to ensure Alaska hire, thus mitigating the need for new municipal services to support an influx of Outside workers. 3. Apart from construction or revenue PILTs, the State of Alaska Legislature and Administration should provide financial assistance to impacted communities not receiving a revenue PILT. 4. PILT payments should be transmitted directly to municipalities by the payors, as would be the case for tax payments. Information Insights, Inc. Municipal Advisory Group Resolution 2004-5: Approved Municipal Advisory Group Resolution 2004-04 A Resolution Outlining the Parameters of a Revenue PILT Acceptable to Municipalities: A. Whereas no reduction or deferral in municipal taxes is acceptable without appropriate justification from the State of Alaska and the project sponsor; ]3. Whereas a payment in lieu of taxes structure should provide certainty for mumcipalities; C. Whereas the State of Alaska should ensure any payment in lieu of taxes recognizes the loss to present and future forms of local government of the oppommity to respond to changing conditions through changing tax rates; D. Whereas a payment in lieu of taxes does not mean a reduction in taxes; E. Whereas the State of Alaska should ensure that affected municipalities' combined share of the economic rent of the approved project should correlate with the revenue stream of the project by negotiating that the present value of the aggregate amount of payment in lieu of taxes is not less than the amount that would have been collected under AS 43.56, AS 29.45 and AS 29.46; F. Whereas project sponsors have indicated the existing tax structure front-loads their expenses and property taxes are due before a revenue stream is in place; G. Whereas revenue affected municipalities want to avoid the drastic decrease in revenues that would be possible at the end of the contract term if valuation methods changed and the Alaska Natural Gas Pipeline continued; Be it therefore resolved that: 1. In the event that a payment in lieu of taxes is found to be acceptable to the municipalities, a PILT based on the throughput of the proposed natural gas pipeline indexed * for inflation is preferable to other methods. 2. The throughput rate per mcr established under the Stranded Gas Development Act for the PILT should approximate taxes that would have been collected under AS 43.56. 3. The negotiated PILT should include a continuation clause in the original contract for the Alaska Department of Revenue to have the option to extend the throughput method of payment in lieu of taxes through the life of the project, rather than the life of the contract. 4. PILT payments should be made directly to affected municipalities and should not be subject to appropriation by the legislature. 5. The structure of the State of Alaska PILT for property taxes in the unorganized borough should allow that as new local governments form, they will have access to a share of State PILT revenues in order to provide a reasonable tax base. 6. PILT payment should be made proportionally to each municipality based on its mill rate on an annual basis. * Indexing instrument needs to be added _ Information Insights, Inc Municipal Advisory Group Resolution 2004-4: Approved Municipal Advisory Group Resolution 2004-03 A resolution advising the State of Alaska to reinforce the requirements of the Stranded Gas Development Act to make natural gas available to meet in-state demand: A. Whereas the Stranded Gas Development Act requires applicants to describe methods and terms under which the applicant is prepared to make gas available to meet the reasonably foreseeable demand in Alaska within the economic proximity of the project; B. Whereas the SGDA states that an element of determining if a project is qualified is whether it is capable, subject to applicable commercial regulation and technical and economic considerations, of making gas available to meet reasonably foreseeable demand in this state; C. Whereas the Alaska Constitution requires natural resources to be developed for the benefit of all Alaskans; D. Whereas communities in Alaska desire affordable and clean energy from the gas pipeline; E. Whereas affordable, clean energy is a component of economic development and quality of life throughout the state; F. Whereas a gas pipeline likely will transport large quantities of natural gas liquids under high pressure, and any takeoff on the pipeline for local access to gas likely will be expensive and may require facilities to remove the natural gas liquids, making the location of extraction of NGLs important to Alaska communities; G. Whereas the tariff established for gas transported to takeoff points within Alaska should be calculated for the actual transportation costs to those points; H. Whereas AS 38.35.120(a) and AS 42.05.711-42.06.370 may act to prohibit access to North Slope natural gas by many or all communities in Alaska; I. Whereas South Central Alaska has had access to an abundant supply of low-cost natural gas from Cook Inlet Basin, which is forecasted to meet existing demand until approximately 2012; J. Whereas Interior Alaska would benefit from having access to natural gas either for industrial uses or distribution or for generating lower cost electricity; K. Whereas Southeast Alaska communities are isolated and largely rural, and rely on importing oil from lower 48 suppliers for most energy needs; and an alternative source of clean, efficient and cost-effective energy offers a high likelihood of beneficial effect on economic development and quality of life for residents of the Southeast region; Be it therefore resolved: 1. The Municipal Advisory Group requests the State of Alaska to include the placement of multiple, strategic takeoff points in the rural and urban areas of Interior, South Central and Southeast Alaska as part of the construction project along the route of any natural gas pipeline from Alaska's North Slope in its negotiations with successful applicants. 2. AS 38.35.120(a) and AS 42.05.711-42.06.370 should be amended to provide greater assurance that communities in Alaska, to the greatest extent practicable, will have access to North Slope natural gas from any trans-Alaska natural gas pipeline. 3. The State of Alaska should retain its rights to take the State's royalty share of natural gas in kind in order to provide maximum access to natural gas to meet the future needs of the communities, businesses and regions of Alaska. Information Insights, Inc Municipal Advisory Group Resolution 2004-3: Approved Municipal Advisory Group Resolution 2004-02 A resolution outlining parameters for Payment in Lieu of Taxes to Municipalities- A. Whereas the Stranded Gas Development Act anticipates a negotiated contract between the State of Alaska Department of Revenue and revenue impacted municipalities in lieu of traditional property taxes under AS 43.56; B. Whereas the Municipal Advisory Group, established under the auspices of the SGDA, has met regularly to discuss and review issues relating to revenue and socio-¢conomic impacts of a gasline on municipalities; C. Whereas it is not the intent of the SGDA to exempt or modify property taxes currently being assessed and collected under 43.56 but to modify the shape of future property taxes to be assessed and collected for the Alaska Natural Gas Pipeline; D. Whereas the definition of taxable property under 15 AAC 56.075 is confusing in terms of defining dual use property for purposes of taxation under 43.56; E. Whereas "stranded gas" defined in AS 43.82.900 means gas that is not being marketed due to prevailing costs or price conditions, as determined by an economic analysis by the commissioner for a particular project; F. Whereas real and personal property that is used or committed by contract or other agreement for use within this st~ite primarily in the exploration for, production of, or pipeline transportation of gas or unrefined oil, or for the operations and maintenance of such facilities, is taxed under AS 43.56 rather than under AS 29.45; G. Whereas an exception to the definition of taxable property under AS 43.56 is "for property used solely for the retail distribution or liquefaction ofnatm'al gas"; H. Whereas the Municipal Advisory Group has not come to agreement on the shape, length or allocation methodology of a Payment in Lieu of Taxes to revenue impacted communities; I. Whereas the Municipal Advisory Group has come to consensus on the general parameters in which a PILT should be negotiated; J. Whereas a number of factors argue against sales tax exemptions, including: a. Complexity of administering sales tax exemptions; b. Onus on vendors collecting sales taxes; c. Difficulties of determining who is an exempt entity; d. The determination of exempt items; e. Competitive advantage/disadvantage based on entities exempted; f. Cost~enefit of exemption- especially given per transaction caps; g. Cost of sales taxes not material to the project; Infomaation Insights, Inc Municipal Advisory Group Resolution 2004-02: Approved Be it therefore resolved that the Municipal Advisory Group recommends the following parameters be utilized in future PILT negotiations: 1. No property that is taxed under AS29.45 or AS 43.56 prior to the start of construction of an Alaska Natural Gas Pipeline should receive a tax deferral/exemption under a SGDA contract; 2. A contract developed under the SGDA should clarify the conditions under which dual use facilities are to be taxed in order to protect municipalities' tax bases in existence prior to the start of construction; 3. No tax exemption under the SGDA should apply to a gas pipeline or gas distribution infrastructure in existence prior to the start of construction of an Alaska Natural Gas Pipeline. 4. No tax exemption under the SGDA for municipal sales and use taxes. 5. SGDA contract may include provisions to ensure sales taxes are not targeted to gas pipeline construction and operations. 6. No exemption under SGDA contract for the Alaska Natural Gas Pipeline for property that under current tax law would be taxable under AS 29.45. 7. SGDA contract may include provisions to ensure municipal severance taxes are not targeted to gas pipeline construction. Information Insights, Inc Municipal Advisory Group Resolution 2004-02: Approved Municipal Advisory Group Resolution 2004-01 Whereas the intent of the Stranded Gas Development Act is to provide a mechanism for achieving the fiscal certainty that potential project sponsors indicate they need before proceeding with the large investment needed to bring Alaska North Slope natural gas to market; Whereas the Stranded Gas Development Act allows the state to contract away municipalities' ability to collect property tax under AS 43.56, municipal sales and use tax, municipal special assessments, a comparable tax or levy imposed by the state or a municipality, or other state or municipal taxes or categories of taxes identified by the commissioner; Whereas the Stranded Gas Development Act requires a Municipal Advisory Group be established to provide advice to the State of Alaska Department of Revenue; Whereas the State of Alaska has received and accepted an application from a qualified sponsor group under the Stranded Gas Development Act, is considering 'other applications, and is reviewing other proposals for the development of Alaska North Slope Gas; Whereas the Stranded Gas Development Act offers sponsors of stranded gas projects an oppommity to negotiate fiscal contracts with the State of Alaska, thereby potentially increasing the certainty for calculating taxes and royalties over the life of the project and thus increasing the competitiveness of the project and reducing riscal risks; Whereas under the Stranded Gas Development Act, the Commissioner of Revenue may negotiate terms for inclusion in a proposed contract with a qualified sponsor providing for periodic payment in lieu of one or more taxes that otherwise would be imposed by the state or a municipality; Whereas the Stranded Gas Development Act requires a qualified sponsor to provide a detailed description of options to mitigate the increased demand for public services and other negative effects caused by the project; Whereas the Stranded Gas Development Act requires applicants to provide a description of the methods and terms under which the applicant is prepared to make gas available to meet the reasonably foreseeable demand in the state for gas within the economic proximity of the project during the term of the proposed contract; Whereas the State of Alaska has established a Municipal Advisory Group consisting of representatives of revenue-affected municipalities, economically-affected municipalities, and the unorganized borough; Whereas the purpose of the Municipal Advisory Group is to make recommendations to the State on an acceptable revenue stream and structure to local governments in lieu of taxes and for the commissioner to report periodically on the development of the contract provisions that affect the municipalities; Whereas the Stranded Gas Development Act implies a payment in lieu of traditional municipal taxes may be needed to make a gasline project viable; Whereas another purpose of the Municipal Advisory Group is to assist the State of Alaska in determining the social and economic impacts on municipalities of the construction and post- construction of an Alaska gasline project, and the attendant costs of those impacts to municipalities; Information Insights, Inc. Municipal Advisory Group Resolution 2004-1' Approved Whereas a fixed line-wide payment in lieu of taxes may not allow for changing conditions within a municipality or the state, such as those changes created by new voter approved bonds, increased mill rates, and formation of new local governments; Whereas it is incumbent upon municipal officials to communicate clearly to residents about public revenues; Whereas the Municipal Advisory Group desires the Alaska gasline project to maximize training and hiring of workers and contractors from within the state, leading to enhanced workforce and economic development; Therefore be it resolved by the Municipal Advisory group that' 1. No reduction or deferral in municipal taxes is acceptable without appropriate justification · from the State of Alaska and the project sponsor; 2. The State of Alaska should weigh the cost benefit of a tax exemption with the difficulty of administering an exemption from specific taxes; 3. The State of Alaska should devise a payment in lieu of taxes structure that provides certainty for municipalities at least through the end of the stated contract period; 4. The State of Alaska should ensure the payment in lieu of taxes structure recognizes the loss to present and future forms of local government of the opportunity to respond to changing conditions through changing tax rates; 5. The State of Alaska should provide incentives to the successful applicant under the Stranded Gas Development Act to ensure the training and hiring of Alaskans for the construction, operations and maintenance of the gasline; 6. The State of Alaska should require that the successful applicant will include take-off points at strategic locations along the pipeline to make gas available to meet the reasonably foreseeable demand for in-state natural gas use; 7. The State of Alaska should ensure there will be a fair tariff to the points of in-state takeoff of o gas; The State of Alaska should ensure that affected municipalities' combined share of the economic rent of the approved project should correlate with the revenue stream of the project by negotiating that the present value of the aggregate amount of payment in lieu of taxes is not less than the amount that would have been collected under AS 43.56, AS29.45 and 29.46. Information Insights, Inc. Municipal Advisory Group Resolution 2004-1' Approved Page 2 CITY OF KENAI BOARDS, COMMISSIONS & COMMITTEE CURRENT LIAISON ASSIGNMENTS CITY BOARDS, COMMISSIONS/~ COMMITTEES Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission CURRENT COUNCIL LIAISON Council Member Swamer Council Member Moore Council Member Booke¥ Council Member Gilman Council Member Porter and Council Member Ross Planning & Zoning Commission Council Member Bookey and Council Member Ross Beautification Committee Council Member Swarner and Council Member Porter OTHERS. Kenai River Special Management Advisory Board (KRSMA) Economic Development District (EDD) Cook Inlet Regional Citizens Advisory Council (CIRCAC) Kenai Visitors & Convention Bureau Board Challenger Center of Alaska Board Arctic Winter Games · City Manager Snow Mayor Williams John Douglas Council Member Porter Mayor Williams Council Member Moore 10/15/04 MEMORANDUM TO: FROM: DATE: SUBJECT: Linda Snow, City Manager Larry, Semmens, Finance Director ~ October 12, 2004 Analysis of Leasing Lots 5 & 6, FBO Subdivision as is or as improved Derry and Associates appraised the subject property at the following values' As is' $64,500 per lot Improved: $95,000 per lot The difference of $61,000 for both lots would generate $3,660 per year in additional lease revenue at the normal 6% lease rate. Wince-Corthell-Bryson, Consulting Engineer's estimated the cost of improvements, nOt including a storm drain, to be $95,875. At $3,660 per year it would take over 26 years to pay back the investment to develop the property, without considering interest. There is at least one other way to look at this. The question of how much the property will generate if leased 'as is' may be moot if the property can only be marketed if it is improved. Development and increased commerce at the airport is positive for the general economy of Kenai. Clearly, this property will be easier to rent if improved. A business looking for airport property would be willing to pay the additional $3,660 to avoid the time delay and cost of development. If the property is improved and rented at the appraised value of $190,000 the lease revenue would be $11,400 annually. The payback period for development would be about 8 years with this approach without considering interest or revaluations of the property. If an average investment yield of 3.5% were used as the interest rate, the payback period would be about 10 years. It is interesting to note that the return on actual cash invested in improving the lots would be just under 12%, a considerable improvement over current investment returns. Bellair/Mike Spisak's lease of these lots is pending approval of FAA. FAA revenue diversion roles include a prohibition against subsidizing airlines, except for such things as landing fee discounts during limited 'promotional' time periods. There is a possibility that selecting an air carrier for special treatment in terms of lot development may be considered prohibited "revenue diversion" by the FAA. Because of that problem, we recommend the City develop a policy that requires improved lots to be available on the airport at all times. Then regardless of whether a prospective tenant is an air carder or a fixed based operator, an improved lot would be available and revenue diversion roles would not be an issue. The consultants working on the business plan could be tasked with developing recommendations to for lease lot development that would comply will all FAA regulations. Council may want to put this matter on their agenda as a discussion item. MEMORANDUM TO: FROM: DATE: SUBJECT: Linda Snow, City Manager Larry, Semmens, Finance Director~ October 14, 2004 Monthly Report The financial statement auditors are here doing their testing. We expect the financial report to be given to Council either the second meeting in November or the first meeting in December. The Borough is introducing an ordinance (#2036) to increase the maximum taxable sale from $500 to $1,000. In Kenai, the maximum tax would increase from $25 to $50. The max tax on a single sale outside the city would increase from $10 to $20. The Borough estimates that this would increase revenue for the Borough by $1.9 million per year or about 13%. For Kenai their estimate is $275,000, which is the City's portion of the estimated 7.6% increase in tax generated by sales in the City. This estimate is difficult to calculate and may vary significantly from actual experience. There will be concerns from the seller's of items costing more than $500 that increasing the maximum taxable sale amount will encourage buyer's to shop outside of the City or to use the internet more. If the maximum taxable sale of $500, which was implemented in 1965, was indexed to inflation, the maximum taxable sale would be around $1,800 and the max tax would be $90. The council may want to make its opinion on this ordinance known. I would be happy to testify on behalf of the City at one of the two public hearings on 10/26 or 11/16 if the council (and city manager) gives that direction. It is my understanding that former councils of Seward and Homer were in favor of this change, while Soldotna was not. nal Airport Manager's Monthly Report October 13, 2004 Municipal Airport Kenai Express' Dottie Fischer is working with Mike Spisak to take over operation of Kenai Express. There will be a one to two month transition period where Mr. Spisak will retain his lease in the Kenai and Anchorage Terminals and Ms. Fischer will contract aircraft on a charter basis. Airport Management and City Administration are working closely with the companies to ensure a seamless transition for the traveling public. FedEx' No official word from FedEx on their plans; however, they have hired a new manager for the Kenai station and I will meet with him as soon as he is on site. Sue McDonough, Alaska Remote Operations Manager has also promised to keep us in the loop on their plans. Wings Restaurant: Roger and Linda Petrey have requested the Airport replace the deep fryers in the restaurant due to safety concerns with the existing units. Their letter detailing the problems and concerns is attached to this report. The City Building Maintenance Department has inspected the existing equipment and reviewed the proposed solution presented in the attached letter. After careful consideration, and additional quotes from other vendors, Administration recommends purchasing the American Range deep fryers. Building maintenance personnel will install the equipment. A purchase Order is included for Council approval. Terminal Access Project: The project is progressing on schedule. The contractor plans to have the sidewalks and paving completed before the October 20 Council meeting. The remaining work on canopies, hand rails and pavement marking will have little impact on the traveling public. PRISM Vehicle Parking: The paving of additional parking at the PRISM training center is a welcome addition. Pavement marking should be complete before October 20. Lyndon Air Transport & Northern Air Cargo' Both companies did extensive instrument testing for certification last month. Airport staff assisted in transporting and coordination for ground crews to set up instruments. Other Airport Projects: The security camera installation is nearing completion and the new electric gates are on order. The Airport Manager met with the FAA and obtained agreement to program the parallel taxiway project for 2005 grant funds. Initial cost estimate for this project is 3.6 million, 97.5% of which is grant eligible. A good portion of those funds will come fi'om the discretionary portion of the Airport Improvement Fund. This means we will compete nationally for this money, however the FAA Alaska Region Office has agreed to support our request and has programmed the money. The next step is design and bid. A purchase order is in included in this packet to start that process. The design will be funded from the Airport account and then 97.5% of the design cost is reimbursable from the grant. This project should be on the street for bid by February to allow for spring construction. · . 305 North Willow suitel00 Kenai, Ak 99611 (907) 283-1963 To Whom It May Concern: Three years ago when Linda and I leased the restaurant facility in the airport tenmnal, the two existing deep fryers were already leaking oil onto the floor, they were only leaking at that time approximately ½ a cup of grease each daily. At our expense we had a local repair person look them over and he told us that the tanks of the deep fryers had been welded. We decided at that time that the fryers were not a big safety issue since we could catch the grease with drip pans, bm over the last three years the fryers have become considerably worse despite a daily maintenance / cleamg schedule. We now have approximately three cups of grease a day dripping from these flyers, and one of the fryers has even had flames cor/iing out of the vent due to dripping grease catching fire. That fryer is used ONLY for short periods of time while the other one is being cleaned. The other fryer, that we use the most, has just started to have problems lighting the burner when the thermostat tells it to. Now the area under the deep fryer fills up with gas until the pilot light finally ignites the fum~ and we have a small combustion under there. It has, at times, blown the door open to the fryer. Given the age of these flyers and their unsafe condition, we would replace these fryers with new ones, if we owned them, considering how inexpe~ive they are compared to trying to fix the leaks and chasing the problems with the thermostat-burner. I have done some research on various deep fryers. The American Range (AF45) along with the optional caster's, Stainless covers and quick disconnect flexible gas line, offer us a very comparable product in quality and durability as compared to the existing brand of fryer already here. The caster's and flexible fuel line offer us mobility so we can access under and behind the fryers for more thorough cleaning. Our existing equipment has no flexible gas lines which make it a real challenge to clean under and around. Attached you will find a complete estimate from Anchorage Restamant Supply for two complete fryers; including freight, and all the information they sent us about these Sincerely, Roger & Linda Petrey 210 Fidalgo Avenue. ~enai. ^laska 9q611-?794 Telephone: 907-~8~-~69~ / FAX: To: From: Date: RE: Linda Snow. City. Manager W9 Robert J. Frates. Parks & Recreation Directo 10/13/04 Monthly Admin. Report- September '04 Routine turf maintenance continued throughout September including mowing, trimming and fertilizing. Several non-routine maintenance activities were also performed such as facility winterization, pruning at the cemetery, and cutting of spruce beetle trees at Municipal Park. Equipment was cleaned, field bases pulled, sprinklers and hoses retrieved, and several flowerbeds cleaned and prepped for next season. The Recreation Center gym floor remains in good shape after being reconditioned and repairs made earlier this summer. Gym use and activities are picking up with youth basketball under way and adult leagues starting next month. Boys and Girls club staff performed some interior painting on the lower level and Building Maintenance is exploring alternative flooring for the weight room. The Lief Hansen Park sidewalk addition was completed and will accommodate an additional 76 plaques. Dirt still needs to be hauled in along the edges and seeded next summer. Other newly seeded areas including Municipal Park, end of Spruce St., Willow St. and cemetery, are slow getting established but are expected to winter over just fine. The geophysical work was completed at the cemetery and a report is due back soon. The Director has been working with local soccer groups and architect on Sect. 36 conceptual designs, including informational gathering for grant preparation. The Parks & Recreation Commission has also provided valuable input. Ice was installed at the MPF and available October I st. The ice and lines were painted this season, providing a more luminous surface. An ice logo purchased by the KCHS Booster Club was placed at center ice in additional to banners installed. Approximately thirty-four hours have been spent on ice reservations since early September and to date approximately 138.50 hours have been booked for October. KENAI POLICE DEPART'tENT 107 SOUTH WILLOW STREET KENAI, A.X 99611 Telephone (907) 283-7879 Fax (907) 283-2267 Ic~Z TO' Linda L. Snow, City Manager FROM' Charles M. Kopp, Chief of Police DATE' SUBJECT: October 14, 2004 September 2004 Report The Police Department responded to 569 calls for service in Septet' o.zr. Dispatch received 226 calls for service via e911. September 20- 22 the Kenai Police Department replaced its rec: ~rds management system's server. Spillman Technologies did a successful data migration :rom the old server onto a new IBM p215 eServer. This equipment will extend the life of the ?olice Records Management for at least five years. District Attorney Dwayne McConnell retired. Assistant DA June Stein was promoted to the office of Kenai District Attorney. Officer Casey Hershberger acquired his Alaska Police Standards Council Intermediate Certification. Officers are initially certified at a Basic level after one year of successful probation, completion of the Public Safety Academy, and the department Field Training Program. Officer Casey Hershberger receives his APSC Intermediate Certificate. He is happy. KENAI POLICE DEPARTMENT Dispatcher Kelly Holt separated from employment with the Kenai Police Department as of September ~ 3 to move out of Alaska. The Kenai Mm :ipal Airport security camera upgrade is now networked to the Communications Center. We are. 411 waiting for an additional antenna to be installed that will give Dispatch pan/tilt/zoom con'-ol of individual cameras. Sgt. Gus Sandahl at~' :nded an International Crime Stoppers convention in Ohio, sponsored by the local Peninsula Cfirr ' Stoppers Board. S gt. Sandahl is the law enforcement liaison to the Crime Stoppers Board. Lt. Kim Wannamaker ~.. 'd Officer Ben Langham were successful in their moose hunting. CITY OF KENAI FIRE DEPARTMENT -~ 105 SOUTH WILLOW STREET KENAI. ALASKA 99611 (907) 283-7666 · (90'7) 283-81'71 fax e-mail' kfdept@ci.kenai.ak.us October 12. 2004 TO' From: Subject: Linda Snow. City Manager Scott Walden. Fire Chief September 7- October 12. 2004 Department Report Type of This This 2004 2003 Difference Percent Response Period Period to date to date increase last vr for Year Fire 20 7 127 132 -5 EMS 62 46 640 555 + 85 Other 14 80 154 138 + 4 TOTAL 96 80 921 825 + 96 + 9% "Other" includes investigations, public assists, mutual aid, search/rescue, hazmat, alarms. ARFF. Continued cooperative work ~vith airport on required revision of ARFF section of the Airport Emergency Plan. This update is required by FAA, under new FAR Part 139 Regulations. to be completed before December 9.2004. Firefighter Terry Bookey met with several community groups and started implementation of the gant funded Home Fire safety Improvement Program; accepted delivery of smoke detectors. carbon monoxide detectors, fire extinguishers, emergency escape ladders and other safety devices tbr 100 target audience homes. Developed a report and submitted recommendations as an addendum to the Dip Net Fishery. Report regarding beach camping and designated areas for campfires. Attended NTSB and FBI briefings/training in Anchorage for airport incidents: Assistant Chief Tilly assessed candidates for promotion at CES as part of an evaluation committee. Ongoing work to comply with medical records security requirements (HIPPA compliance), established a secure records room and continued cooperative work with City Attorney and Finance in review of applicable requirements. This new Security Rule goes into effect mid-April 2005. Revised the City Annex to the Borough All Hazard Mitigation Plan per Council amendment and submitted revised information through channels. Page 1 of 1 Kim Howard From: Ewa Jankowska Sent: Thursday, October 14, 2004 9:56 AM To: Linda Snow Cc: Kim Howard Subject: Kenai Community Library - September 2004 report With the beginning of the new school year we see fewer tourists but more kids and their parents coming to the Library. We are happy to report that there was a 54% increase in children's books circulation as compared with the previous month. In the beginning of September we reinstated our outreach programs and Corey Hall goes once a month to the Kenaitze Head Start and Creative Play pre-school to read stories and to introduce the kids to the library. We continue with our storytimes twice a week and recently a group of mothers started a stow time in Russian! Julie Niederhauser continues to hold a monthly beginners' Internet class and she also started to offer a class on finding and evaluating health resources on the internet. In her class Julie is utilizing the Library's health website (www.kenailibrary.org/health.htm). This webpage and Julie's class augment the new health reference resources that we have started buying with the State Library grant. We have met with the representatives from the Peninsula Hospital who offered their help printing bookmarks with Library's offering in the health area. These will be distributed at the Library and given to patients at the hospital and the Kenai Health Center to encourage them use our health resources. As a follow up on our summer reading theme - Discover New Trails@Your Library, on September 21 Larry and Carol Ford of the Kenai Performance theatre group presented a program entitled "Lewis and Clark Remembered". Their performance, together with the "Traveling Trunk" Exhibit of the Jefferson National Parks Association, helped to understand and relive the adventures of Sgt. Patrick Gass, the longest living member of the expedition. By opening the trunk and examining its content, the participants of the program learned about the new lands, people, plants and animals of the Lewis and Clark Expedition. This program was sponsored by the Friends of the Library and expertly organized by Corey Hail. This program was a great success. We hope to be able to organize more programs like these in the future. 10/14/2004 Kenai Community Library REPORT FOR SEPTEMBER, 2004 CIRCULATION Adult Juvenile Fiction 1855 Non-Fiction 1475 Periodicals 56 400 184 Internet Access Music Misc. 1288 115 13 Puzzles 7 Videos 1099 DVD 269 Total Printed Materials ...............5791 Total Circulation ............................ 8827 PAC Searches ..........................5131 Easy Books 1526 295 Audiobooks 245 ADDITIONS Docs Adult Juvenile Easy Books Gifts 4 183 18 15 Purchases 53 36 21 Total Additions ................................. 363 AV 28 INTERLIBRARY LOANS Ordered Received Returned Books 29 29 17 INTERLIBRARY LOANS BY OUR LIBRARY ............ 31 INTERNET USE ......... 1288 VOLUNTEERS Number ..... 18 Total Hours ..... 255 INCOME: Fines and Rental Books 1,104.45 Xerox 345.50 Lost or Damaged Books 174.00 Total Income for September, 2004 ...... $1,623.95 Library Cards Issued September, 2004 Kenai Kasilof Nikiski Ninilchik Soldotna Steding Other 67 9 10 2 39 10 9 Total 146 Library Patronage ....... 7,955 Persons Adult Programs .......... 47 Persons Childrens' Programs ..... 340 Persons Lewis & Clark Show .... 38 Persons MEMORANDUM To: Linda Snow, City Manager From: Rachael S. Craig, Senior Center Director Date: October 12, 2004 Subject: October Monthly Report Total number of days rented in September 2004:1 Total Congregate Meals Served: Total Home Meals Served: Total Non-Senior Meals: September 2003 Meals Served: Total Congregate Meals Served: Total Home Meals Served: Total Non-Senior Meals: September 2004 Transportation: Total Transportation.Assisted: Total Unassisted Transportation: September, 2003 Transportation: Total Transportation Assisted: Total Unassisted Transportation: 1,417 1,059 11 1,085 330 35 295 375 274 259 Salad Bar has been discontinued except on Wednesday until April. Produce prices are high. We make every effort to utilize the Food Bank to help compensate for no salad bar. However, their supply does not always meet our needs. The average daily cost to provide our salad bar is $86.79 each day. A typical salad bar is a "build-your-own" tossed lettuce salad with cucumbers, tomatoes and carrots, salad dressing, cottage cheese, a bowl of canned peaches, and maybe a macaroni salad. The total cost of the salad bar for a year is around $22,565.40. Two years ago, our state revenue was cut $30,000. Cutting out the salad bar assists us in saving some of the lost revenue. We will have salad bar on holidays. The Center needs to be vigilant stewards of our spending. We are into the United Way Black-Out period. We continue to have our Friday, "Split the Pot" with proceeds being split to the senior winner and the balance going to the United Way Campaign. The director has been doing presentations at businesses that support the United Way. Our City Campaign will consist of letters included in payroll explaining what United Way does for the community. If they desire, this gives the employee an opportunity to donate through pay-roll deduction. We had 857.25 volunteer hours for September. Our volunteers are dependable and are willing to pitch in when and wherever we need assistance. We could not do it without their help. The director attended the "Meals-On-Wheels" Conference. It was very informative and learned about changes within the DEC in regards to our meal program. She also attended the national certified safe-serve admimstrator class in Anchorage. Businesses that serve food in Alaska will be required to have a certified safe-serve administrator to check health, safety and sanitary measures in the kitchen. In September, the director and administrative training. This will add services for our seniors. assistant attended Care Coordination There was an area-wide Senior Center Director's meeting in Seward. At the meeting, was a demonstration and discussion about a structured exercise program within each of our senior centers using different size weights and the benefits they provide to seniors. With the recertification of the "Older American's Act," there is a tbcus tbr physical activity, weight loss and diabetes. Exercises using weights, by senior's aids in prevention of osteoporosis, balance and building muscle. This past month, we had activities that included trips to Anchorage, a Hope fall color tour, and a Homer trip. CiTY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-2837535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manag/~(~ October 13, 2004 Department Report for Council meeting of October 20, 2004 A current Public Works bid information sheet and third quarter reports for Buildings and Planning and Zoning are included as an information items. The small shop addition mentioned in my last report is nearly complete and in use for storage of oil, grease, anti-freeze, etc. A purchase order to Wince-CortheiI-Bryson will be in the packet Task Two of the new parallel taxiway project. This will provide profossionai services for project design in order that we can bio the work in the first quarter of the year and be ready for summer construction next year. Also, an increase to an existing PO to Alaska Roadbuilders will be on the list of PO's for approval. This is for quantity overruns on the miscellaneous paving project recently completed. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO: FROM:C/i~/ DATE' REe Mayor Porter and Councilors Cary R. Graves, City Attorney October 15, 2004 Settlement of Cigna Class Action Attached is a Notice of Settlement in a class action case against CIGNA Insurance Company. The basis of the litigation is that CIGNA wrongfully withheld workers compensation policy dividends once it decided to quit writing workers compensation insurance. The City had a workers compensation policy from CIGNA during the period in question. After learning of the class action, I notified plaintiff's attorneys (with the consent of Council) that the City was a member of the class. We are calculating what we think our damages are. Under the proposed settlement, CIGNA is to notify us by December 15, 2004. CIGNA must tell us what they think our damages are. We then have the ability to contest their calculation. We will keep you informed. Please feel free to let me know if you have any questions. CRG/sp RECEIVED 0CT12 200 NOTICE OF SETTLEMENT KENAI LEGAL DEl Tl~e Court of Common Pleas of Lancaster County, Pennsylvania has authorized this Notice. This is not a solicitation from a lawyer. This concerns the settlement of a case that affects you. Please read it carefully. You have previously received a notice about this case, telling you that the Court had certified the case as a class action and that you were believed to be a member of the class so certified. As the earher notice advised, this case concerns workers compensation policies that were issued by the following companies in 1997, 1998 and 1999. · Bankers Standard Insurance Company; · Paciiic Employers Insurance Company; · CIGNA Property and Casualty Insurance Company, now ACE Property and Casualty Insurance Company; and · CIGNA Insurance Company, now ACE American Insurance Company. These companies were originally part of the CIGNA group of companies, and then became part of the ACE gxoup on July 2, 1999. Throughout the rest of this notice, these four companies will be collectively referred to as "the Insurance Companies." The workers compensation policies that this case concerns were "dividend" or "participating" policies. The records of the Insurance Companies show that you bought one or more of these "participating" or "dividend" policies. This case concerns dividends that were not declared on those policies, and that would have been payable if they had been declared, from October 1, 1999 through March 31, 2002. This case was filed in October 2000 and has been actively htigated and contested in the four years since then. On July 1, 2002, and as amended August 12, 2002, the Court certified the case as a class action, for a class defined as: "AU persons and entities that had a Commercial Insurance Services CCIS") retention dividend and other dividend participating workers compensation policies with defendants, their subsidiaries or ~ffiliates under which policy the time for computing and paying dividends arose from October 1, 1999 to March 31, 2002." On March 9, 2004, the Court ruled that it would hold a trial first on the claims of the Pennsylvania "subclass" of policyholders, and proceed after that with resolving the claims of policyholders from other states. The trial of the Pennsylvania subclass was scheduled to begin on Monday, July 26 and the case was fully prepared for that trial. On Friday, July 23, however, a settlement agreement was reached for. all policyholders in the class from all states. This notice is being sent to explain that settlement agreement, what it means to you, and what your rights are under it. It is being sent to all policyholders that the settlement covers. They are referred to throughout the rest of this notice as the "Settlement Class" or the "Settlement Class Members." Under the settlement agreement, the Insurance Companies have agreed to pay up to $14 million to settle this case. Within 90 days of September 16, 2004, the Insurance Companies will use their best efforts to calculate the dividend(s) that each Settlement Class Member would have received if dividends had been declared. The Insurance Companies have agreed to pay each Settlement Class Member at least 75% of such dividends. This will be called the '"Settlement Dividend." The Insurance Compames will send their calculations of the Settlement Dividends to the attorneys whom the Court has designated to represent the Settlement Class Members. (These attorneys are referred to hereafter as "Class Counsel.") Those attorneys, who were also identified in the earlier notice, are the law firms of Roda Nast, P.C. and Zevnik, Horton, L.L.P. now par~ of Morgan, Lewis & Bockius, L.L.P. Class Counsel will in turn promptly send to each Settlement Class Member its calculation(s) from the Insurance Companies. If a Settlement Class member believes the Insurance Companies' calculation is incorrect, the Settlement Class Member will have 30 days to send a letter to Class Counsel conveying that objection and the reasons for it. The letter should be sent to' Roda Nast, P.C., 801 Estelle Drive, Lancaster, PA 17601. The letter should explain why the Settlement Class Member disagrees with the Insurance Companies' calculations, and should attach documents and/or other information that the Settlement Class Member believes supports its position. The Insurance Companies will thereafter review all objections that are received, and if they agree with the objections, they will make the necessary changes to their calculations. If the Insurance Companies do not agree with an objection, and Class Counsel believes the objection to be appropriate, the objection will be submitted to the Court, whose decision will be final. If Class Counsel does not believe the objection is approphate, Class Counsel will so advise the Settlemen~ Class Member who has made that objection, and will explain why Class Counsel does not believe the objection to be appropriate. If the Settlement Class Member so wishes, the member may itself present its objection to the Court, whose decision will be final. Class Counsel will petition the Court for an award of fees to compensate them for the legal services that they have provided during the four years of this case, and for reimbursement of the out-of-pocket costs that they have advanced during those four years. The petition will ask for an award of up to 25% of the amount that the Insurance Companies have agreed to pay (or up to $3,500,000), to cover all fees and out-of-pocket costs. Some Settlement Class Members stopped paying their premiums in 1999 and 2000 when they learned that the Insurance Companies were not going to pay dividends. The unpaid premiums of these Settlement Class Members will be deducted from the amounts that they will receive under the settlement. In addition, some Settlement Class Members have previously been paid dividends on one or more Insurance Policies. The amounts paid to these Settlement Class Members will also be deducted from any amounts that they will receive under the settlement. If the deduction for premiums owed by a Settlement Class Member and/or dividends previously paid to a Settlement Class Member is more than the Settlement Dividend(s) otherwise due that member, that member will not receive a settlement payment. The Insurance Companies will not seek to recover the amount of any unpaid premiums from that member. If the sum of all Settlement Dividends to class members at the 75% level, plus the amount for fees and expenses requested in Class Counsel's petition, is less than $14,000,000, the d~fference between that sum and $14,000,000 will be distributed to all Settlement Class Members. The distribution will be on a pro rata basis, based on each Settlement Class Member's individual share of the overall Settlement Dividend payments, up to a maximum of 100% of the dividend that the class member would have received ff dividends had been declared and paid between October 1, 1999 and March 31, 2002. For example, if a class member's Settlement Dividend at the 75% level is 1% of all class members' dividends at that level, that class member will receive 1% of any "balance" in the $14,000,000 fund left to distribute, up to 100% of the dividend(s) that class member would have received if dividends had been declared and paid. If the sum of all settlement dividends at the 75% level (before subtracting any deductions for previously paid dividends and/or unpaid Premiums), plus the amount of fees and expenses requested in Class Counsel's Fee and Expense Request, is more than $14,000,000, the Insurance Companies will have the option to withdraw from the settlement. If the Insurance Companies should withdraw, the case will return to where it was before the settlement, with all rights reserved to all parties, and will be re-listed for trial. If the collective amount of all Settlement Dividends at the 100% level, plus the amount of fees and expenses awarded to Class Counsel, is less than $14,000,000, the Insurance Compames will have the right to retain the difference. If you wish to obtain benefits Under the Settlement Agreement, you do not have to do anything in response to this Notice. You and all other Settlement Class Members should receive the Insurance Companies' calculations of your dividend(s) by mid-December 2004. If you wish to object to the Settlement (independent of any objection you might have to the Insurance Companies' calculation of your dividends), you must send a letter, postmarked no later than December 14, 2004, to both Class Counsel and counsel for the Insurance Companies as follows: Highland Tank v. Bankers Standard Settlement Roda & Nast, P.C. 801 Estelle Drive, Lancaster, PA 17601 Paul Koepff O'Melveny & Myers, LLP Times Square Tower 7 Times Square New York, NY 10036 Be sure to include your name, address, telephone number, your signature, the policy number(s) and issuing company(les) of your insurance policy(les), the reasons that you object to the Settlement, and any supporting documentation. The issue for the Court will be whether the settlement, taking' all relevant factors into account, including the risk that the case, if not settled, might not succeed, is fair, reasonable, adequate. This is the issue that any objection to the settlement should address. Any such objections to the settlement will be forwarded to the Court, which ~.~11 hold a Fairness Hearing on January 14, 2005, at which the Court wi.Il: (a) decide whether to approve the Settlement Agreement as fair, reasonable, and adequate, and (b) rule on Class Counsel's Petition Fees and Expense Reimbursement. You are not required to attend the Fairness Hearing, but you have the right to attend it and speak about any objections that you may have. If you do wish to speak at the heahng, you must give written notice of your intention to do so by sending a letter identifying all persons who intend to testify in support of your objection, and any attorney(s) who will represent you. If the Court approves the Settlement Agreement and no one has objected to the Settlement Agreement, Defendants wffi send their payment(s) to each Settlement Class Member within 30 days of the Court's approval of the Settlement. If any Settlement Class Member objects to the Settlement, that member will have 30 days to appeal, if the Court approves the settlement. If there is an appeal and it is resolved in favor of the Settlement, Defendants will send their payments to each Settlement Class Member within 30 days of the resolution of the appeal. INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 20, 2004 o , , , o , o o o 10. 11. 10/14 / 04 K. Howard Memorandum regarding 2004 Foreclosure Sale. 10/14/04 B. Frates Memorandum regarding Section 36 Soccer Fields. 8 / 25 / 04 B. Frates Memorandum regarding Multipurpose Facility Helmet Policy. City of Kenai Bid Information 2004 Report. Third Quarter, 2004, Cit!d of Kenai Building Permits. 10/14/04 Kenai River Special Management Area Advisory Board Meeting Agenda and minutes of September 23, 2004 meeting. 10/5/04 M. Kornelis letter regarding dip net fishery concerns. 10/04 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports. 2004 Gaming Permit Application/Kenai Firefighters Association. 10/12/04 Kenai Peninsula Borough Assembly Meeting Agenda. KPB Ordinance No. 2004-36, amending KPB 5.18.430, Sales Tax Computation/Maximum Tax, by Increasing It from $500 to $1,000. CITY OF KEN/ I 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 Memoranclum Date: To.' From: October 14, 2004 Linda L. Snow, City Manager ..l~ Kim Howard, Assistant to the City Manager ~ 2004 Foreclosure Sale Sixteen of sixty lots were sold by sealed competitive bid at the 2004 Land Foreclosure Sale on October 1 ~t. Thirty-five bids were received. $150 was included in the minimum bid for sale costs. Taxes owed to the Borough in the amount of $9,560.04 will be paid from the proceeds of the sale The properties that sold are as follows: Parcel # Legal Min. Bid High Bid :3906213 Lot 13, Block 9, Carl F. Ahlstrom Subdivision $434.00 $1,001.70 3906214 iLot 14, Block 9, Carl F. Ahlstrom Subdivision $399.00 $1,001.60 ...3906215 Lot 15, Block 9, Carl F. Ahlstrom Subdivision $399.00 $1,001.50 3910409 Lot 6, Block 6, Mommsens Sub. Addition 1 & 2 $965.00 $5,254.00 Lot 3, Block 1, Mommsens Subdivision Replat of Add. 1 3912110 & 2 $907.00 $955.00 3914222 Lot 25, Block 3, Radar Subdivision $376.00 $550.00 3914223 Lot 26, Block 3, Radar Subdivision $376.00 $550.00 .4.101250 Lot 7, Block 6, Inlet Woods Sub. Part 1 $6,500.00 $7,021..50 4101314 Lot 4, Block 4, Inlet Woods Sub. Part 1 $6,500.00 $7,021.50 4106317 Lots 14 & 15 BF Beaver Ck. Alaska Sub Amended $616.00 $2,553.00 Lots 9 & 10 B1 (ADL201234) Beaver Ck Alaska Sub 4107221 Amended $461.00 $1,001.00 4506005 Govt L 28 lying N of Kenai Spur Hwy. $8,100.00 $10,200.00 4506007 Govt L 27 lying N of Kenai Spur Hwy. $5,600.00 $10,010.00 4518003 Portion of Govt L 27 lying N of Kenai Spur Hwy. $1,108.00 $12,000.00 Original Kenai Townsite L6, B4 (Undivided one-half 4706404 interest.) $587.00 $875.00 4932001 Lot 1, Block 5, Valhalla Heights Sub. #3 $573.'00 $1,001.00 Totals $33,901.00 $61,996.80 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692/FAX: 907-283-3693 KENAI. ALASKA MEMORANDUM To: Linda Snow, City Manager From: Robert J. Frates, Parks & Recreation Director Date: 10/14/04 RE: Sect. 36 Soccer Fields _ The local soccer clubs and I have been working with Peter Klauder on soccer field designs for Sect. 36. After consultation with the clubs and Mr. Klauder, a preliminary design was drafted and reviewed by the Parks & Recreation Commission on October 7, 2004. Attached is a copy for your review. The primary focus was on designing four soccer fields with ample parking and room to someday expand as needed. The biggest change from previous designs is the location of the parking lot. Mark Blanning with Wince-Corthell-Bryson suggested that due to weight, the parking lot should. be relocated to a different area. Thus, the old landfill area is now depicted as a possible location for a BMX track. Secondly, a proposed future campground has been added to the master design in addition to a small park. Attachment PHASE ONE SHEET NOTES: 1. PROPOSED ACCESS DRIVE 2. PROPOSED GRAVEL PARKING LOT, 200 SPACES 3. PROPOSED WIND BREAK PLANTING PROPOSED FUTURE SHEET NOTES: A. PROPOSED FUTURE PARKING B. PROPOSED FUTURE WIND BREAK PLANTING 4. PROPOSED CONCESSION STAND BUILDING 5. PROPOSED REST ROOM BUILDING 6 PROPOSED EOUIPMENT STORAGE BUILDING 7. PROPOSED SOCCER FIELDS, FOUR AT 225 FT X 360 FT ACTUAL GROSS AREA, SIZE AND NUMBER OF SOCCER PLAYING FIELDS, TO BE DETERMINED PROPOSED EMERGENCY ACCESS LANE : 9. PROPOSED COMMONS AREA FOR: TURN AROUND WARM- UP FIELD PICNIC AREA LOCATION OF TEMPORARY SHELTER FOR TOURNAMENT FUNCTIONS PHASE ONE SITE IMPROVEMENTS, SEE 2/A1 // ./ ./ PROPOSED FUTURE BMX TRACK ~',lac. ......... ....~ ~~gPROPOSED FUTURE PARK '1 PRIOPOSED FIuTuRE PLAYING FIELDS ~1 PROPOSED CONCEPT SITE PLAN FOR KENAI PHASE ONE SOI313FR PARK FUTURE CAMPGROUND , I .'---EXISTING PROPERTY LINES )ENLARGED PHASE ONE CONCEPT SITE PLAN ~.- · ~ '- , DESIGN DRA~': PK. AZ ~B NO , , , RE VISION ~' CATEGORY A ~ S~EE~ CO~TEN~S. [nlor~ee P~ose One Site PlO~ " l/a qe with a pa t, w '?h a ? t re" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 /FAX- 907-283-3693 KENAI, ALASKA MEMORANDUM To' Kenai Parks & Recreation Commission Members From' Robert J. Frates, Parks & Recreation Director Date: August 25, 2005 RE: Multi-Purpose Facility Helmet Policy City Council has requested the Parks & Recreation Commission to examine whether or not the use of helmets should be required at the Multi-Purpose Facility. Establishing a helmet policy involves a good deal of give and take by many parties involved, i.e., parents, rink operators, skaters, etc. Regardless, the protection of the athlete or recreational skater should be foremost in everyone's mind. Enforcing a policy requiring helmets at all times, however, would be difficult given the fact that many ice activities at the MPF are unsupervised, for example 'after hours, public skate, etc. Establishing a "helmet required" policy with the inability to supervise and enforce all activities could create a liability issue. Additionally, figure skaters do not typically wear helmets, and therefore, could deter their use of the facility. If the desire is to adopt a helmet policy for the Multi-Purpose facility, I would suggest we focus on activities for which supervision is possible. Supervised activities would include organized hockey practices and games and City sponsored activities such as shinny hockey. ' What to Wear- Helmets HECC (Hockey Equipment Certification Council) approved hockey helmets are mandatory for all participants in supervised hockey and shinny activities. Helmets are highly recommended for all other participants_. The "What to Wear- Helmets" signs would be placed in visible areas for skaters to read prior to entering onto ice. Furthermore, USA Hockey is the national governing body for the sport of ice hockey and in-line skating. USA Hockey guidelines require "skaters under age 18 and skating 'in USA Hockey sanctioned practices, games and tournaments are required to wear HECC- approved (Hockey Equip. Certification Council) helmets. Again, this already occurs at the league and high school level but could be further reinforced through rink signs, posters and educational material. Other educational material could possibly be acquired through the Ice Skating Institute (ISI), one of the national organizations governing figure skating and by working with our local brain injury support group. Page 2 of 2 ~nfHAT TO WEAR H LM TS "Skaters under age 18 and skating in USA Hockey sanctioned practices, games and tournamen~~ are required to wear HECC-approved (Hockey Equip. Certification Council) helmets." H LM TS AR HIGHLY R COMM ND D FOR ALL O-TH R PART I C I PAN TS ! E ~ ~ 0 0 0 0 0 CD CD CD CD 0 0 0 ,,"' CD ¢'~ ~ CD ~ I~ ~ ~1 ¢'~ ¢~ ~ r,~ ,,,- ~ o o o o o o o o o o o o o o o E c: .-) u) c I .g c 0 o c C C 0 0 C · 0 .- 0 o > c Q. 0 c o o c o KENAI RIVER Special Management Area "Working together...for the river" ge II. NOTE' Date and Time Chan~~~~~~~ [~~~~[~ Kenai River Special Management Area Advisory Board *** Meeting Agenda*** Thursday, October 14, 2004 5:30 p.m. Kenai River Center CALL TO ORDER A. Roll Call B. Approval of 9/23/04 minutes C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS A. Interim Elections - board officers B. Proposed Mixing Zone Regulations - Discussion; Nancy Sonafrank, ADEC C. Board Vacancies D. Board Reorganization - bylaw approval E. Goal Setting for Board in 2004-05 · Potential topics: o additional lands addition in the upper Kenai River o Hydrocarbon/outboard motor issues IV. OLD, BUSINESS go A. Kenai River Center Update, Suzanne Fisler - Cooper Lake Hydro- FERC Relicensing Update - Soldotna Bridge Project Update B. Kenai River Working Group Update, Chris Degemes PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. Ie CALL TO ORDER Kenai River Special Management Area Advisory Board Meeting Minutes Thursday, September 23, 2004 7:00 p.m. Kenai River Center A. Roll Call Members Present' Roland Maw, Rick Wood, Paul Shadura, Kent Patrick- Riley for Jonne Slemons, Jeff King, Keith Komelius for Linda Snow, Robin West, Bill Shuster, Jim Golden, Tom Vania, Ted Wellman, Dick Hahn, Chris Degemes. Members Absent: Ken Lancaster, Dave Westerman, Joe Connors, and Pete Sprague. B. Approval of 5/20/04 minutes The minutes were approved as written. C. Agenda Changes and Approval Robin West noted the Board Bylaws require elections in September. With Ken's absence Robin suggested doing those in the October meeting. Other~vise the agenda was not changed. II. PUBLIC COMMENT None III. NEW BUSINESS A. Board Reorganization- Bylaw changes, etc. Robin suggested a committee should be formed to reorganize the board and to review the Bylaws. Ted made the motion to appoint a Bylaws committee. Dick seconded the motion. Discussion included changing the meeting day to the second Thursday of the month. Another suggestion was changing the meeting times to 5:30pm. This would work better for those folks traveling from Anchorage or Seward. Bill suggested changing the bylaws to have a meeting in Cooper Landing once a year. The motion was voted on to establish a Bylaws Committee and was unanimously a~eed upon. Robin asked for volunteers to be on the committee. Ted, Chris, Dick and Paul will be on the committee. The 'board members not present will be advised of this committee and may also participate. Chris will email the current Bylaws to all board members for review and comment. B. ADEC Mixing Zone Regulation Changes (brief summary only), Kent Patrick-Riley, ADEC When Kent learned a few days ago that the board ~vanted to address this issue, he contacted Nancy Sonafrank, head of the DEC standards program who is coordinating this effort. Kent pointed out Nancy's contact info in the handouts provided. DEC conducted public heatings in August in Anchorage, Fairbanks and Juneau. None were held on the Kenai Peninsula. Kent said there are 3 parts to the Mixing Zone Regulations' Clarification and simplification of the regulations. · To address problems with the mixing zones. There are places where the regulations are not relevant. · Deal with nonsensical applications. The bans have caused a big increase in cost with no benefit. Kent referred the board to Nancy Sonafrank if they had detailed questions. Robin asked if the board had questions..Several board members raised their hands. There was much discussion about the revised mixing zone regulation. Some of the key points were' · Robin' It is obvious this group has a strong interest in this issue. Ted: Would like to see the regulations as written for revision before commenting. He would like to have a detailed presentation to this board in the October meeting. · Paul: CIRCAC took this up, made comments and for~varded them to ADEC. Paul presented it on Tuesday night to the Fish and Game Advisory Committee and they approved it. He also noted commercial fishermen are troubled with the concept of mitigation, not 'knowing what that means. Too many unknowns, too much, too quick. Meetings were held in the middle of busy season. · Jim: Suggested meeting the 2nd ~veek in October for a presentation by DEC and to discuss this issue, to give the board time to comment before the Nov. 1 deadline. Kenai River Special Management Area Advisory Board Meeting Minutes September 23, 2004 Page 2 of 8 · Dick: How many other states allow mixing zones in spawning grounds? For anybody to say you could kill out a whole run of fish and not know for 5-7 years is an insult to our intelligence. The first priority for the Kenai River should be habitat. However, Dick feels DEC needs to hear from all the groups that could be impacted by this regulation, and not just this board. · Jeff: This makes a mockery of other projects, i.e. hydrocarbon and boat wake studies, which to the public would seem miniscule in comparison. Ted made the motion to draft a letter immediately to DEC asking them to schedule a formal public heating as well as a presentation to this board. Seconded by Roland. Discussion was held and then the vote passed unanimously. C. Kenai River Working Group- Chris Degernes The KRWG has met twice since August. Next meeting is Friday September 24 from 3 to 8pm at Soldotna City Hall. Thus far it has been primarily organizational. On Friday the group will start working on proposing potential solutions. One concern Chris mentioned is there has not been a lot of public participation. The public has a couple of opportunities during the meetings to provide comments. The ultimate goal is to have this wrapped up by spring. Jim' The Attorney General is represented there and he is there to provide guidance on what can or cannot be done. Jim believes there will be some issues that will be challenged. Ted: Given the contentious nature of the subject matter, everyone is trying to be honest. Jeff asked if the scope still remains how to legally limit the guides? Chris said the Commissioner sent a letter to the KRWG members asking them to develop a fair and legal way to limit commercial operators on the Kenai River. He also asked the group to consider other issues that may be important including recreation use conflicts, boat wakes, hydrocarbons, rental boats, etc., as other issues are intertwined with the commercial use concerns. But the focus should still be on limiting commercial operators. Ted is concerned that there are some folks in the group saying we don't have a problem. Ted feels when we complete a process that is fair on limiting guides it will likely be interwoven with some public use and access restrictions as Well. Kenai River Special Management Area Advisory Board Meeting Minutes September 23, 2004 Page 3 of 8 Tom said he is dismayed at what the Working Group has been asked to do. This board went through many discussions on what the Working Group should work on and he thought it was only to discuss the limitations of guides. He feels they are now doing what this board has already done. By adding the other issues to this Working Group he feels it is taking away from the main issue. A lot of the discussion has nothing to do with limiting the guides. Chris said the Commissioner asked the WG to look at other things because he knows that there are many interconnected issues with the concerns about commercial use, like public use, motors and hydrocarbons, and boat wakes. However, the Commissioner agrees that the focus should still be limiting guides. D. Potential Kenai River Property Acquisition, Chris Degernes Chris provided an aerial photo of the Con-parcel as well as a map showing this parcel of land. This land is potentially available as an addition to KRSMA. It is the Tommy Corr Homestead property, located downstream from Kenai Peninsula College. There is nearly 1 mile of riverfront. Brad Meikeljohn from the Conservation Fund has been working with the Corr's for a number of months. Brad wants to make sure there is interest from the community. This parcel is the only intact homestead remaining on the Kenai River, and is a beautiful piece of river front property. If acquired, it would adjoin some EVOS lands downstream. Chris said she talked with the Commissioner about this in general to find out the level 'of support the Administration might be able to provide. The Commissioner said if it has wide spread support from the community and the Borough Assembly, and could be purchased using funds other than state funds or EVOS, he felt it could be presented to the Governor's office. The property is appraised at $2.2 million and the Corr's are willing to accept $2 million. Brad has already raised $1 million of private funding for this, and is now seeking support from this board. Robin asked if Brad is willing to raise all the funds. Chris said that's uncertain, but knew that he is meeting with potential partners. Chris said the benefits to the community would be habitat protection of nearly a mile of Kenai River front lands, and possibly public access. There is a portion behind Sunken Island that would Work well for public access. It could potentially relieve pressure the college is feeling to provide access on their high banks. Dick said he lives directly across .from this parcel. He said above Sunken Island and for about 100ft below the island would be an excellent area for public access. He would rather see this then to have it subdivided with lots o.f cabins and homes built on the river. Kenai River Special Management Area Advisory Board Meeting Minutes September 23, 2004 page 4 of 8 Ted agreed the last thing we need is another huge subdivision on the fiver. Paul supports this acquisition. Roland is opposed. He feels there is no clear purpose for this acquisition. Robin asked whether the board supported moving ahead with this project and all supported except for Roland Maw. E. Update on 2004 Field Season, Bill Berkhahn Bill presented a review of what he called the "ongoing 2004 field" season. There are still many folks active on the fiver even though the summer itself is over. Once again Parks depended largely on volunteers, with 20 volunteers working in the fiver units. Bill estimated the volunteers put in over 15,000 hours of donated labor. Some of the volunteers were working 16-hour days. They are tasked with a variety of things such as fee enforcement, education, and cleaning and maintenance of facilities. Permanent staff includes 3 Park Rangers and a Natural Resource Technician. It was a safe season for all of' the staff with no injuries or lost time due to accidents. The "Kids Don't Float" life jacket loaner pro.am saved another life this year at the Cooper Landing Boat Launch. A raft overturned in August, and a couple kids were saved because of the loaner PFD's they used. Parks conducted a Guide orientation for new guides this year. The Kenai River rental boat inspection went well. The rental operators must implement a state sponsored, boat operator's pre-departure checklist. All renters of boats must read and sign prior to renting a boat. Bill said he did check a few rental operators and asked for their pre-departure checklist and they had them. Parks has continued with programs on boating safety in the schools with help on funding from the Office of Boating Safety. The staff worked with F&G on the annual salmon carnival, and with Central Peninsula General Hospital Safe Kids pro.am, and between these pro.ams and the ones at the schools, conducted over 90 boating safety pro.ams on the Kenai Peninsula last winter and spring. Bill said this July was very hectic with lots of people and lots of violations. The Park Rangers issued 448 citations, which is 100 more than in 2003. In addition to those citations there were hundreds of verbal warnings. o 163 citations for PFD's and boat registration o 150 fishing violations o 14 over horsepo~ver violations o remainder were general park violations such as non payment of fees and parking violations Kenai River Special Management Area Advisory Board Meeting Minutes September 23, 2004 Page 5 of 8 IV. o 44 citations issued to 32 individual guides. One guide had 7 citations; another guide had 4 fishing violations; three guides were issued over-horse power violation citations; two guides for boating safety; and 10 guides for various other permit stipulation violations. There were many boating accidents or incidents, with capsized boats and overturned canoes. A truck went through the ice on Skilak Lake in March which resulted in a fatality. In June a drift boat capsized in the upper fiver with a fatality. Canoe hit the bridge abutment at Mile 53. Raft overturned at Schooner Bend. Kayak through Naptowne Rapids where the victim barely got out of the water alive. Another incident was a drift boat operator who threw out the anchor and the anchor got caught on a rock or stump and it pulled the boat under. During mid summer, a pickup track rolled into the river at river mile 34 which also resulted in a fatality. There were 3 fatalities total. Bill concluded his presentation asking for help with staffing levels especially during the busy summer months. Finding a funding source like a river stamps could help. Jim Golden said KRSI is working on funding upwards of 20k for extra enforcement efforts during the 3 peak weeks in July. F. ADF&G Guide Licensing Program, Tom Vania, ADFG Tom said the Department is having meetings throughout the state with guides, charter boat operators and business owners to inform them about the new guide license pro.am and to solicit comments from them on the application process. The freshwater log book will be new and the saltwater log book will continue. There are about 7 to 8 regs that would need just a small word change from "guide registration" to "sport guide license". There are about 4 to 5 regulations to add regarding reporting requirements. Kenai River guides are already doing most of the requirements. The fees will be $50 for guide only; $100 for business owner; and $100 for business owner and guide. OLD BUSINESS A. Kenai River Center Update, Suzanne Fisler · Suzanne handed out three summaries of guide and rental boat statistics. Suzanne pointed out the decrease in the number of rental boat operators. In 2005 there will be guide orientations for new guides only. · Suzanne would like to discuss at the next meeting fee recommendations for the 2005 season. There is a proposal in the regs for increasing the fees for Kenai River Guides and other Commercial Kenai River Special Management Area Advisory Board Meeting Minutes September 23, 2004 Page 6 of 8 Operators and any increase should be reviewed by the board before the annual letters go out to the guides in January. End of season reports are being returned in large numbers now. Suzanne would like the commercial operator committee to convene. She would like to have them involved in changing the stipulations and to address the drug testing issue, as there were several guides who lost their Coast Guard licenses. Some of the other projects at the Kenai River Center include a visit to the new property owners of Riverquest. Some of the structures have been pulled out and the KRC staff have been looking at that. Some of the new property owners are buying the lots and splitting these lots with their friends because there is nothing that says you can't have 2 houses on the lot. Gary Galbraith has asked DNR Habitat staff to take another look at his rock vane proposal. He may try to restart project. She will keep the board informed on that. · Soldotna bridge was given a conditional permit but the plans and specs for the final permit have not been received yet. No contractor yet. · 50/50 project applications are coming in. She is hoping that more bulkheads and jetties will be removed with this pro.am funding. · DNR Habitat has been interviewing for a new fish biologist for the Kenai River Center. B. Cooper Lake Hydro- FERC Relicensing Update Last year Chugach Electric hired a consultant with experience in hydro power licensing who interviewed the affected parties. Subsequently, a ~eat many studies were identified and completed on Cooper Creek. Presently they are determining which members of the agencies will sit at the negotiating tables to determine what Chugach Electric can do in the future and what mitigation will be needed. Suzanne said she anticipates Parks and the Div of Mining, Land and Water would be involved. She will keep the Board informed as this process continues to evolve. V. PUBLIC COMMENT None VI. ADJOURNMENT A. Board Comments Robin asked the board to get the word out on board vacancies. He also asked those members whose terms are expiring to think about whether they want to be reappointed. Kenai River Special Management Area Advisory Board Meeting Minutes September 23, 2004 Page 7 of 8 Robin also informed the board that the Renfro Cabin (between Skilak and Bings) was proposed to be moved to Frying Pan Island. Objections have been heard so presently no plan exists to move it. If anyone is interested in this, call Debbie Corbett at 786-3399. Roland' Regarding the Corr property he suggested consideration of buying a strip. He doesn't see the need to buy all the property. Rick: Bids for the Soldotna Bridge are due September 28th. B. Date/Agenda of Next Meeting Thursday, October 14th at 5:30 pm, at the Kenai River Center. NOTE DATE AND TIME CHANGE. Kenai River Special Management Area Advisory Board Meeting Minutes September 23, 2004 Page 8 of 8 To' Kenai City Manager Linda Snow Cc: Kenai Parks and Recreation Commission Kenai Harbor Commission Kenai City Council From: Mary Lee Komelis 1513 Toyon Way Date: October 5, 2004 Last summer, dip netters were allowed to.camp on the Cook Inlet beach north of the sewer treatment plant, below Forest/Toyon Way. My neighbors and I are very concerned about the increased danger of fires spreading to the grasses and trees growing between the campsites and our homes. Because the beach is steeper here, and thus narrower at high tide, campers in this area must locate their sites next to the grass and trees below the bluff. Campers parked vehicles and set up tents and tarps and some groups stayed longer than a week. Campers built open fires against the driftwood logs and at the base of seven bright red signs, which said, "NO OPEN FIRES." The vegetated area behind the signs was used as a toilet and trash disposal. More fi'ightening than the broken beer bottles were the discarded gallon size gasoline cans campers used to start their fires. My neighbors and I spent most of dipnetting season last summer With our windows shut to the smell of gasoline and fires burning. We went to bed hoping that someone was watching that the wind would not spread the campfires to the grass and trees and then to our homes. The City of Kenai has already established a safe place on the south shore of the Kenai River where campers who wish to drive their vehicles on the beach can camp. Fires do not threaten trees and homes there. On the south shore there is no bluff to create updraft wind currents, which carry smoke and cinders. Most dip netters are nice people who are focused on getting fish, not being responsible campers in a residential area. The police simply can't have continual 24 hour per day contact with campers to control their compliance with signs. Because of the increased danger please do not allow camping and fires north of the sewer treatment plant. Thank you very much for your consideration. ~ ........................ Ke,nai MuniCipaI Air'po'~ ............................... ~ Enplanements 9.70% 90.30% Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2004 Monthly Enplanements ERA 6,326 5,922 5,993 5,618 5,700 6,312 9,539 8,015 6,175 BELLAIR 0 0 0 0 0 557 1,115 93O 663 Month Total 6,326 5,922 5,993 5,618 5,7O0 6,869 10,654 8,945 6,838 0 0 0 Totals 59,600 3,265 62,865 2000-2004 5 Year Average 7~354 6,704 6,903 6,272 6,820 7,545 10,969 9,424 7,057 I KENAI EXPRESS, Inc. started service June 1, 2004 MONTHLY PASSENGER ENPLANEMENT ACTIVITY 11,500 3,500 2,500 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec D2000 7,859 7,815 7,657 6,409 7,531 9,086 12,736 11,049 8,994 8,464 7,612 7,968 B2001 8,300 7,137 8,216 7,058 8,143 9,0~ 12,093 10,807 6,334 7,582 7,345 7,494 , _ ~2002 7,829 7,046 7,371 6,902 6,880 6,740 9,979 8,~ 6,684 6,309 6,023 6,249 ........ ~2003 6,454 5,602 5,280 5,375 5,848 5,988 9,~5 7,674 6,435 6,120 5,820 6,68~ ..... ,. 12004 6,326 5,922 5,993 5,618 5,700 6,869 10,654 8,945 6,838 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 6,704 -782 Mar 5,993 5,280 713 6,903 -910 Apr 5,618 5,375 243 6,272 -654 May 5,700 5,848 - 148 6,820 - 1,120 Jun 6,869 5,988 881 7,545 -676 Jul 10,654 9,445 1,209 10,969 -315 Aug 8,945 7,674 1,271 ,9,424 -479 Sep 6,838 6,435 403 7,057 -219 Oct 6,120 0 , Nov 5,820 0 Dec 6~688 0 Totals 62,865 76,729 4,764 -6,183 , .l ha/ IVlun icipal Airport FLOAT PLANE BASIN ACTIVITY Municipal Airport 2001'2004 IIII IIIII/IlIlIIiiiiiiiIiiiiiiiiiiIi Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER Total 2004 99 161 428 342 134 1164 2003 86 158 259 287 215 63 Closed 1068 2002 94 223 345 233 153 37 10 1085 2001 n/r n/r 243 127 Closed 707 .......................... *inot re_po_de_d ..... FUEL SALES I / I / I / I I i i i i i i i i i i i i / i i i i i i i i i i i i i i i Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER Total 2OO4 $452 $2,209 $2,095 $2,041 $792 $7,589 2003 $835 $1,391 $1,773 $2,513 $2,219 $8,730 2002 $98 $1,986 $2,757 $2,419 $983 $65 $8,308 2001 $386 $1,189 $3,221 $1,564 $1,565 $395 $8,320 mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmi Slips Rented Private Commerical Alaska Adventure Air Rev 8/2003 Department of Revenue Tax Division · PO Box 110420 Juneau, AK 99811-0420 Telephone 907.465.2320 ORGANIZATION INFORMATION State of Alaska 2004 Gaming Permit Application AS 05.15.020 This form is also available on the Intemet at www.tax.state.ak.us/programs/gaming/ Permit Number Federal EIN O3-0541567 O~:~'anizati~n Name Kenai Firefighters Association M~iling Address 105 S. Willow St. c~tY Kenai State IZip Code Alaska 199611 TYPE OF ORGANIZATION (check one box. For definition see AS 05.15.690) Telephone Number 907 2837666 Fax Number 907 283 8171 E-mail Address Civic or Service ~ Fraternal ~Outboard Motor Association l..___lVeterans Dog Mushers k._..jLabor ~[~JPolice or Fire Department ! liRA/Native Village EducatiOnal [ ! Municipality I ! Political ORGANIZED AS Corporation t-'1 Partnership r"] AssOciation PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the organization. Members may not be licensed as an operator, vendor, or employee of a vendor. IDaytime Telephone Numbe~ 90~ 283 5705 IPrimary Member First Name Terrance Social Security Number 574 86 8704 . .. Mailing Address State Alaska Box 406 city Kenai Has the primary member taken and passed the test? Permit number under which the test was taken. IPrimary Member Last Name Bookey ,, IZJp Code 99611 !-i Yes ~ No Alternate Member First Name Jason Social Security Number 574 64 4718 Mailing Address 222 Susieana MANAGER OF GAMES - As defined in 15 AAC 160.995 and 15 AAC 160.365 ~Manager Name Terrance H Bookey Mailing Address Box 406 IAltemate Member Last Name Diorec IDaytime Telephone Number 907 283 0560 IZip Code 99611 r"} Yes XNo City IState Kenai ]Alaska Has the alternate member taken and passed the test? Permit number under which the test was taken. Daytime Telephone Number 9O7 283 5705 Social Secudty Number 574 86 8704 State Alaska IZip Code 99611 City Kenai THESE QUESTIONS MUST BE ANSWERED. (see instructions) r'] Yes · No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? r-] Yes ~. No Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest as defined by 15 AAC 160.954 - 959. We declare under penalty of unswom falsification, that we have examined this application, including any attachments, and that to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on this application or any attachments is punishable by law. ! pdmary Member Signa~,~..~.. President ~r Vice President Sigrj/a~re (se~K"/.rt~tructions) X Mailing Addre~ of President or vice President 105 S Will~ Strut Kenai AK 99611 Pdnted Name Terrance H Bookey Printed Name John C Harris Daytime Telephone 907 283 7666 Permit Fee: Check the appropriate box and enclose the correct amount. The permit fee is based on 2003 estimated gross receipts. Make Checks Payable to the State of Alaska: Stale office use only: x $0 - $20,000 = $2(~.'00 I--! $20,001 - $100,000 = $50.00 !--9 $100,001 or More $100.00 ,, ,, I · mmmmmmmmmmmmmmmmm F°rm 04-826 (Rev 09~03) Page I See instructions for mandatory attachments 2004 Gaming Permit Application 'Organi~.~'iion Name Kenai Firefighters ASsociation Federal EIN 03-0541567 IPermit Number Game Type: check each game type, (use for completing information below.) , , , , Raffles L..JDog Musher's Contest Puli-Tabs L.~Dog Mushers Sweepstakes Contest of Skill UFish Derbies Canned Salmon Classic ACTIVITIES CONDUCTED BY ORGANIZATION Goose Classics Ice Classics King Salmon Classics Mercury Classics [~] Race Classics L...J Rain Classics L...Jsalmon Classics L._~snow Machine Classics . I ISpecial Draw Raffle Facility Name Physical Address Kenai Fire Department 105 S. Willow St. Kenai AK 99611 Game Type(s) Is Facility Raffle r"l Owned r-! Leased · Donated r-i Owned I-'! Donated D Owned r"l Leased D Donated I'"1 Owned r"l Leased r"l Donated I"1 Owned Ir] Leased r-i Donated r"i Owned r"! Donated ACTIVITIES CONDUCTED BY VENDOR (pull-tabs are the only games a vendor can conduct) Vendor registration and fee must be attached. Name ~)f Vendor Physical Address ' ' Vendor Number ACTIVmES CONDUCTED BY OPERATOR i Name of Operator Physical Address Game Type(s) Operator's License ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE Name of MBP Physical Address Game Type(s) MBP Number , , 'DEDICATION OF NET PROCEEDS. The organization must plan to use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization intends to ..u. se the net proceeds from gamin!3 activities. (Be specific} Funds will be used for training and to purchase equipment to be donated to the city of Kenai. Therefore lessen the burden on government Kenai Peninsula Borough ~actob.e.r 12, 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 1 - Kaliforns~. Term Expires 2006 Paul Fischer Assembly Member Seat 7- Central Term Expires 2004 .... B~,,~"Glick ?bly Member 2- Kenai ...... ~ ...... ,n. Expires 2005 Ron Long Assembly Member Seat 6- East Peninsula Term Expires 2006 '3~[illi 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 Ae B® Ce Do ge Fe Ge He ge Jo ge CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS APPROVAL 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. September 21, 2004 Regular Meeting Minutes ............... 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS *1. Proclamation declaring October, 2004, Domestic Violence Awareness Month (Mayor) ............................. 11 PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) 1. Cooper Landing Senior Citizen's Corporation, Inc. presentation regarding senior housing (20 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) REPORTS OF COMMISSIONS AND COUNCILS October 12, 2004 Page 1 of 8 L. MAYOR'S REPORT 12 , Agreement and Contracts ao Spruce Bark Beetle Mitigation Program: Approval of contract with Mullikin Surveys for Sterling Hwy NE Surveying Project .................................. 14 bo Approval of contract with Blakeley's Auction Company for Auctioneering Service for the KPB Tax Foreclosure Outcry Auction 18 Approval of contract with Kenai Peninsula Economic Development District, Inc. for Website Development and Marketing Promoting "Made In Kenai" Products .................................... 19 de Approval of Contract with Alaska Roadbuilders, Inc. for Paving Services for Parsons N-2 and Neer N-2 ......................... 22 ee Approval of comract with Bailey Engineering & Geology for Survey and Geotechnical Investigation Services for the Nikolaevsk Fire Station Project ............................................. 23 Approval of contract with AeroMap U.S. for Aerial Photography/Site Survey at the Homer Landfill .................................. 24 ge Approval of contract with Property Design, LLC, for Water and Sewer Connections at Fireweed Street and Rockwell Avenue ........ 26 he Approval of contract with Wind and Water Charters and Scuba for Open Water Scuba, Rescue Diver Course for CES ................. 29 Approval of contract with Fire Control Systems, Inc. for Hood & Duct Fire Suppression Systems Upgrade 2004 .................... 30 jo Approval of Request for Waiver of Competitive Bidding Requirements for acquisition of a Communications Tower for Kachemak Emergency Service Area ............................ 31 2. Other Recap of 2004 Surplus Property Auction ........................ 32 M. ITEMS NOT COMPLETED FROM PRIOR AGENDA October 12, 2004 Page 2 of 8 Oe P® PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) o Ordinance 2004-19-11' Accepting and Appropriating a Grant in the Amount of $6,000 from the Alaska Division of Homeland Security and Emergency Management for Preparing an All-Hazard Mitigation Plan (Mayor) (Referred to Finance Committee) ............................................. 37 . Ordinance 2004-30: Enacting KPB Chapter 5.12.114 to Provide for Property Tax Reduction for Property Affected by a Disaster (Mayor) (Referred to Policies and Procedures Committee) .................................. 41 , Ordinance 2004-31' Confirming the Assessment Roll' for the Char Subdivision Utility Special Assessment District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Referred to Finance Committee) ............................. 49 . Ordinance 2004-32' Amending KPB 16.04.040 Requiting a Public Hearing to be Held Within a Proposed Expanded Service Area Prior to Adoption_of an Ordinance Expanding any-Such Service Area (Sprague) (Referred to Policies and Procedures Committee) .................................. 58 5~ Ordinance 2004-33' Adopting the 2004 Kenai Peninsula Borough All Hazard Mitigation Plan (Mayor) (Final Hearing on 10/26/04) (Referred to Policies and Procedures Committee) ......................................... 61 UNFINISHED BUSINESS 1. Postponed Items a, Resolution 2004-087: Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards (Martin) (Referred to Lands Committee) ............................................... 65 Resolution 2004-087 (Martin) Substitute: Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards (Martin) (Referred to Lands Commission) ....................... 67 NEW BUSINESS 1. Bid Awards *a. Resolution 2004-095' Authorizing Award of a Contract for Soldoma High School Pavement Crack and Joint Sealing (Mayor) (Referred to Finance Committee) ......................................... 77 October 12, 2004 Page 3 of 8 *b. Resolution 2004-096' Authorizing Award of Contract for Seward Transfer Facility Operations and Maintenance (Mayor) (Referred to Finance Committee) ......................................... 81 *C. Resolution 2004-097' Authorizing Central Peninsula General Hospital, Inc. to Make Modifications to the Current MRI Building to Accommodate the New MRI (Mayor) (Referred to Finance Committee) ............................................... 85 *d. Resolution 2004-098' Authorizing the Negotiation and Contracting for a Consultant to Assist with the Definition of Functional and Technical Requirements, Preparation of a Request for Proposals, and Evaluation of Proposals (Mayor) (Referred to Policies and Procedures Committee) ............................................... 90 2. Resolutions ae Resolution 2004-099: Certifying the Results of the October 5, 2004 Regular Borough Election (Sprague at the request of the Borough Clerk) (Referred to Policies and Procedures Committee) ... LAYI)OWN *b. Resolution 2004-100' Adopting an Alternate Allocation Method for the FY05 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area (Mayor) (Referred to Finance Committee) ............................................... 93 Co Resolution 2004-101.' Supporting Use of the Sterling Community Plan as a Tool in the Borough's Comprehensive Plan Process (Merkes) (Referred to Lands Committee) ........................ 96 *d. Resolution 2004-102: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee) .......... 112 *e. Resolution 200..4-.!.03.' Authorizing the Mayor to Enter into a Lease Agreement with the USDA Forest Service for the Cooper Mountain Communications Site to Support Emergency Management Communications Equipment (Mayor) (Referred to Lands Committee) 137 *f. Resolution 2004-104' Reclassifying Certain Borough Land Located in the Cooper Landing Area Within Section 34, T5N, R3W, S. M., Alaska as Institutional (Mayor) (Referred to Lands Committee) ...... 148 October 12, 2004 Page 4 of 8 *g. Resolution. 2004-105.' Authorizing the Mayor to Enter into Cooperative Agreements Between the Kenai Peninsula Borough, the Kenai Peninsula Arctic Winter Games 2006 Host Society, and the Cities of Homer, Kenai, and Soldoma (Mayor) (Referred to Polices and Procedures Committee) .................................. 158 *h. Resolution 2004-106: Establishing Positions in the Solid Waste Department for the Central Peninsula Landfill (Mayor) (Referred to Policies and Procedures Committee) ........................... 180 Ordinances *a. *b. *¢. *d. *e. *f. *g. Ordinance 2004-19,14: Appropriating Supplemental Funding of $17,824 From the Nikiski Senior Service Area Fund Balance to Cover Septic System Repairs and Workers Compensation Insurance Costs in Excess of the Budgeted Amount (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee) ..................... 201 Ordinance 2004-19-15' Appropriating Funds for a 3/4-Time Senior Clerk Typist Position for the Coastal Management Program (Martin) (Hearing on 11/16/04) (Referred to Finance Committee) ........... 205 Ordinance 2004-19-16: Accepting and Appropriating a State Grant in the Amount of $10,000 for a Flashing Warning Light for the Central Peninsula Emergency Medical Service Area (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee) ..................... 209 Ordinance 2004-19-17' Accepting and Appropriating a State Grant in the Amount of $7,000 for a Sign at Nikiski North Star Elementary School (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee) .............................................. 214 Ordinance 2004-19-18' Accepting and Appropriating a State Grant in the Amount of $10,000 for Distance Learning Equipment for the South Kenai Peninsula Hospital Service Area (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee) ..................... 218 Ordinance 2004-19-19' Accepting and Appropriating a State Grant in the Amount of $70,00 for Purchase of a Tanker Truck for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee) ..................... 223 Ordinance 2004-19-20: Accepting and Appropriating a State Grant in the Amount of $100,000 for the 2006 Arctic Winter Games (Mayor) (Shortened Hearing 10/26/04) (Referred to Finance Committee) ..... 228 October 12, 2004 Page 5 of 8 Qo Re *h. Ordinance 2004-19-21: Appropriating $275,000 from the Equipment Replacement Fund to Purchase Heavy Equipment for the Central Peninsula Landfill (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee) ........................................ 232 *i. Ordinance 2004-35~ Amending KPB Chapter 1.12 to Provide For Economic Summaries to be Attached to Proposed Ordinances ((3lick) (Hearing on 11/16/04) (Referred to Policies and Procedures Committee) .............................................. 234 ,j. Ordinance 2004-3..6.' Amending KPB 5.18.430, Sales Tax Computation- Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Hearings on 10/26/04 & 11/16/04) (Referred to Finance Committee) .............................................. 237 4. Other *a. Petition to vacate that portion of Michelle Avenue right-of-way and associated public utility easements between Lots 1, 2 and 3 of Beach Road Industrial Park Subdivision (Plat KN 82-74) and between Lot 1 Block 1 and Lot 5 Block 2 of Holland Park Subdivision First Addition (Plat KN 80-02) within Section 26, Township 5 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-188 - Petitioners: Don & Alma Bums, Earl C. Mundell, Irving R Carisle and Ridge Properties of S°ldotna, Alaska; Location: West of Kalifomsky Beach Road (Referred to Lands Committee) ............................... 242 [Clerk's Note: The Planning Commission approved the references vacation by unanimous consent during its regularly scheduled September 27, 2004 meeting.] *b. Confirming Appointments to the KPB Road Service Area Board (Referred to Policies and Procedures Committee) ................. 254 Appointment Michael A. Peek Sam McLane Board Seat North Region At-Large Term Expires September 30, 2007 September 30, 2007 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNO~CEMENTS · October 26, 2004 07:00 PM Regular Assembly Meeting Soldotna October 12, 2004 Page 6 of 8 We ASSEMBLY COMMENTS PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) le Ordinance 2004-19-12' Appropriating $37,500 in Supplemental Funding from the General Fund for the Solid Waste Capital Improvements Program, Tyonek Landfill - BumBox Purchase, Transportation & Installation (Mayor) (Hearing on 10/26/04) (Referred to Finance Committee) e Ordinance 2004-19-13' Authorizing the Acquisition of Lots 5, 6 & 7, Block 3, Hillcrest Subdivision, Plat No. KN 1514, Kenai Recording District for an Addition to the Central Emergency Services Facility and Appropriating $75,500 from the Land Trust Fund to Acquire the Property (Mayor) (Heating on 10/26/04) (Referred to Lands Committee) o Ordinance 2004-33' Adopting the 2004 Kenai Peninsula Borough All Hazard Mitigation Plan (Mayor) (Second Hearing on 10/26/04) (Referred to Policies and Procedures Committee) , Ordinance 2004-34' Amending KPB 16.04.080 to Clarify ProCedures Regarding Service Area Directors' Employment (Superman) (Hearing on 10/26/04) (Referred to Policies and Procedures Committee) o Resolution 2003-094: In Support of CS for HB 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) o Ordinance 2004-24: Providing for the Submission to the Qualified Voters of the Nikiski Fire Service Area in the Kenai Peninsula Borough, Alaska, the Question of the Issuance of One Million Nine Hundred Ninety-Five Thousand Dollars ($1,995,000) of General Obligation Bonds of the Nikiski Fire Service Area to Pay the Costs of the Nikiski Fire Station 3 in the Nikiski Fire Service Area, at an Election in and for the Service Area on October 5, 2004 (Mayor) (Referred to Finance Committee) (Tabled on 08/03/04) INFORMATIONAL MATERIALS AND REPORTS October 12, 2004 Page 7 of 8 V. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on October 26, 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), K2OIAO-FM 88.1 (East Peninsula). Copies of agenda items are available at the Borough Clerk's Office or outside the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 478-4441, Ext. 2160. Visit our website at www. borough, kenai, ak. us for copies of the agenda, meeting summaries, ordinances and resolutions. October 12, 2004 Page 8 of 8 Introduced by: Date: Hearings' Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2004-36 .t v .t t-.-,.,v 10/12/04 10/26/04 & 11/16/04 AN ORDINANCE AMENDING KPB 5.18.430, SALES TAX COMPUTATION - MAXIMUM TAX, BY INCREASING IT FROM $500 TO $1,000 WHEREAS, KPB Chapter 5.18 provides authority for and specifies the amount of tax to be applied on the first $500 of each separate sale, rent, or service transaction; and WHEREAS, the KPB Sales Tax Code has not been amended to increase the maximum tax computation since the adoption of KPB Ordinance No.9, effective July 1, 1965; and WHEREAS, by increasing the maximum tax computation from the current $500 to $1,000, an additional amount of approximately $1.9 million could be generated and used to minimize any future mill rate increases; NOW, THEREFORE, BE IT ORDAINED PENINSULA BOROUGH: BY THE ASSEMBLY OF THE KENAI SECTION 1. That KPB 5.18.430 is hereby amended as follows: 5.18.430. Computation---Maximum tax. The tax shall be applied'only to the first [$500.00] $1,000.00 of each separate sale, rent or service transaction, except as otherwise provided in this section. m. Except as provided below for long-term vehicle leases, the payment of rent, whether for real or personal property, in excess of [$500.00] $1.:000.00 and for more than one month, shall be treated as several separate transactions covering the rental/lease for one month each. Bo Services provided on account and billed to the customer on a periodic basis are subject to application of the tax on a maximum of [$500.00] $1.000.00 of each billing, per account. For purposes of this section, any advance payment for services other than to a trust or escrow account is considered to be paid pursuant to a "billing." Co Each night's rental of each individual room shall be considered a separate transaction and therefore the maximum tax computation shall be calculated on a per room per night basis. Kenai Peninsula Borough, Alaska Page 1 of 2 New Text Underlined; [DELETED TEXT BRACKETED] 237 Ordinance 2004-36 D, Long-term vehicle leases shall be treated as one transaction per year, and per fractional year, of the lease term. The tax paid for any fraction of avear shall equal the tax paid for a whole year. The sales tax for the entire long-ter~ vehicle lease shall be due and collected at the time of the first payment. Tax shall be calculated at the sales tax rate in effect on the day the lease is signed. There shall be no refund of such taxes should the lease terminate earlier than on its terms. Any extension of the initial lease term shall be treated as a new long-term vehicle lease. SECTION 2. That this ordinance becomes effective January 1, 2005. ENACTED BY THE ASSEMBLY ~OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2004. ATTEST: Pete Sprague, Assembly President Linda S. Murphy, Borough Clerk Ordinance 2004-36 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska 238 KEENAI PENINSULA BOROUGH ~ jl~~,., 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 '. ~.,~L~" - -~~ BUSINESS (907)262-4441 FAX (907)262-1892 -"~u MEMORANDUM DALE BAGLEY MAYOR TO' Pete S prague, Assembly President Members of the Kenai Peninsula Borough Assembly THRU: l)l.~Dale Sagley, Mayor FROM' tt Holt, Finance Direct:or DATE: Septeraber 30, 2004 SUBJECT: Ordi~ance 2004-~_f,~ amending KPB 5.18.430 Sales Tax Computation- Max.. imum Tax In 1965 the Kenai Peninsula voters approved the imposition of a sales tax in the borough. This authority is currently implemented in KPB Chapter 5.18, which provides authority for sales tax collection and remittance of sales tax on all retail sales, rents, and services made or rendered within the Kenai Peninsula Borough. KPB 5.18.430 provides authority for the maximum sales tax computation on the first $500.00 of each separate sale, rent, or service transact/on. From inception of the Borough's Sales Tax Code, Ordinance No. 9 effective July 1, 1965, the Borough Assembly has not changed the maximum sales tax computation. Based on the consumer price index for Anchorage and the attached memo from Jeanne Camp, KPB Economic Analyst, $500 in 1965 is now worth $1,801.70. By increasing the maximum sales tax computation per transaction from the current $500.00 to $1,000.00, it is estimated that an additional $1.9 million Could be generated. These fimds could be used to minimize furore property tax increases that may result from decreasing revenue streams. Additionally, the cities within the borough 'would experience an estimated $1 million increase in revenues. The following table illustrates the estimated revenues from such an increase to the borough and the cities:~ This assumes that the home tale cities of Kenai and Seward follow this change. Memo re Ordinance amerding KPB 5.18.430 239 Page 1 of 2 Calendar year Revenue Change Percent Municipality Borough 2003 with Proposal Revenues Implemented Increase Portion Portion_ Homer $7,203,393 $444,381 6.2% $282,796 $161,595 Kenai $6,057,761 $458,768 7.6% $275,261 $183,507 Seldovia (l&4) $51,020 $2,464 4.8% $1,22 ~. $1,232 Seldovia (2&3) $136,224 $10,467 7.7% $7,2~.3 $3,220 Seward $4,580,420 $272,480 5.9% $181,74. :"~ $90,736 Soldoma $9,501,576 $420,305 4.4% $252,183 $168,122 Borough $14,601,682 . $1,351,521 9.3% .... $1,351,521 Total . .. $42,132,075. $2,960,386 7.0% ... $1,000,4:~2 $1,959,933 _ Should the Ordinance pass, an effective date of Januat3~ 1, 2005 is requested in order for the borough administration to properly notify the public, publish the chan g~:.:s, and develop the necessary documents to properly administer this modification. Additional!y: this effective date would ease the transition as it coincides with all filing schedules, including i::~usinesses that file annually, and will give the public time to make billing and other adjustments that may be necessary. This ordinance is the same as Ordinance 2004-13, previously considered but not adopted by the assembly. It is presented again for your consideration in light of the anticipated significant reduction in the borough general fund following final state budgetary actions and adoption of the borough budget. Two public hearings are requested, including one on shortened time, in order to allow additional oppommity for public comment on this ordinance as it is expected to have a silO'nfic~t effect within the entire borough. Memo re Ordinance amending KPB 5.18.430 240 Page 2 of 2 CEDI) From: MEMORANDUM Ed Oberts, Adminimafive Assistant to the Mayor Je~_nne Camp, KPB Economic Analyst (, Date: ,april 22, 2004 Re: CPI as it relates to KPB Sales Tax Exemption You asked for an update to the CPI study that was done several years ago, as applicable to the Sales Tax Exemption. During 1965, when the exemption was enacted, the CTI for Anchorage was 35.3. As of 2003, the CPI had increased to 162.5, a change of 12722 points or 360.34%.. Applying the 360.34% increase to the $500 sales tax exemption, an excuupfion of $1,801.70 is comparable to the $500 exemption during 1965. 24'1 ~ AGENDA ')~ '~ KENAI CITY COUNCIL-REGULAR MEETING .~. ~.,.x,~" OCTOBER 20, 2004 ~.~f ~ C CHAMBERS ~. ~ h ttp ://~. ci. ken a i. a k. us ITEM A: CALL TO ORDER 3. CERTIFICATION OF ELECTION ITEM F: MAYOR AND COUNCIL OATHS OF OFFICE ITEM G: ELECTION OF VICE MAYOR ITEM H: PUBLIC HEARINGS 1. Ordinance No. 2068-2004 -- Amending KMC 14.20.320(b) by Changing the Definitions of "Mobile Home," "Manufactured Housing," and "Modular Housing." 2. Ordinance No. 2069-2004-- Finding that Certain City-Owned Lands Located in Section 36 Adjacent to the Kenai Spur Highway and Further Identified as KPB Parcels #043-010-38, #043-010-33 and #043-010-34 Are Needed for a Public Purpose. 3. Ordinance No. 2070-2004 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. 4. Ordinance No. 2071-2004-- Finding that Certain City-Owned Land, Identified as Lots 1 & 2, Block 6, Mommsens S/D Replat of Additions 1 & 2, Located at 2402 & 2406 California Avenue in Kenai, Are Required for a Public Purpose. 5. Resolution No. 2004-56 -- Transferring $2,977 in the General Fund to Pay Taxes on Properties Declared to be Needed for a Public Purpose. 6. *2004 Liquor License Continuance -- REMOVAL OF PROTEST Kenai Joe's Bar ITEM J: OLD BUSINESS ITEM K: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2072-2004-- Amending KMC 14.20.245 by Adding Section d(4) to Prohibit Parking of Recreational Vehicles on Private Property That Has No Principle Permitted Structure Except as Otherwise Allowed Under KMC 14.20.245(e). 4. *Ordinance No. 2073-2004--Increasing Estimated Revenues and Appropriations by $151,314.05 for Shop Site Remediation. 5. Discussion -- Council Seat Appointment 6. Discussion -- Water Quality Standards/2004 Proposed Mixing Zone Revisions EXECUTIVE SESSION -- None Scheduled. ITEM P: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at b~ttp://www, ci.kenai.ak.us. Carol L. Freas, City Clerk D851/211 MAKE PACKETS COUNCIl, PACKET D]:$TRIBUT]:ON COUNCZL MEE'I'~N~ bATE: Ma¥o~/Council e~ Attorney ~ TayIo~/$p~in~le~/Kebschull Clerk ,~ City Mana~e~ ~ Public Works Police Department ~ Finance ~ En~inee~ Senior Cente~ )(;Airport ~j Kim Library ~; Pa~ks & Recreation ~ Clarion Fire Deportment ~ $chmidt !'Mellish AGENDA D]:$TR]:BUT]:ON Sewer Treatment Plant Streets Shop bock Buildin~l Maintenance Animal Control Wate~/Sewe~ Counte~ DELIVER Council Packets to Police Department Dispatch desk. The Clarion, Ol$on, Mellish & 5chmidt'$ 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 after Noon on packet day. The came~a-~ead¥ agenda c'/myfiles/document$/minute$/agenda fo~m fo~ paper) is emailed to Denise at £¢n/nsu/a ~/a~ion (at email folde~ Work Session/Special Meetings, o~ Composition in Contacts o~ Ibell~acsalaska.net). Home Page documents (agenda, ~esolution$, o~dinance$ fo~ public hea~ing, and o~dinance$ fo~ introduction) a~e usually emailed to me and ]; hold them in my HTML file. Place them onto the city's web$ite with F~ont Page f~om the~e as soon as possible before leaving the office fo~ the weekend.