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HomeMy WebLinkAbout2005-01-05 Council PacketKenai City Council Meeting Packet January 5, 2005 AGENDA KENAI CITY COUNCIL- REGULAR MEETING JANUARY 5, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://~vww, ci. kenai.ak, us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: ITEM D' ITEM E: UNSCHEDULED PUBLIC COMMENTS (3 minutes) REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOAI~I) AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS , Ordinance No. 2075-2004 -- Decreasing Estimated Revenues and Appropriations by $16,896 in Three Senior Citizen Funds. , Resolution No. 2005-1 -- Transfemng $11,300 in the General Fund to Pay Utilities at the Alaska Regional Aircraft Firefighting Facility for the Arctic Winter Games. , Resolution No. 2005-2 -- Supporting Legislation to Extend the Provisions of HB242 Rehired Retiree - Employment Waiver. ITEM G: MINUTES o *Regular Meeting of December 15, 2005. *December 15, 2004 Work Session Notes. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS o ° Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 , *Ordinance No. 2076-2005 -- Increasing Estimated Revenues and Appropriations by $150,892 in the Senior Center Kitchen Capital Project Fund. . *Ordinance No. 2077-2005 -- Increasin§ Estimated Revenues and Appropriations by $36,000 in the General Fund to Replace Radio Communication Equipment. . Approval -- Kenai City Council Student Representative Policy. . Approval-- Commission/Committee Term Renewals. o Approval -- City Tidelands - ADL 37765, ATS 770, Cherrier and King to Port of Kenai, LLC. a. Assignment of Lease b. Security Assignment of Lease o Discussion -- Kenai Peninsula Borough Ordinance No. 2004-36, Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, by Increasing it from $500 to $1,000. o Discussion -- Street Improvement List ITEM J: COMMISSION/COMMITTEE REPORTS o 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 MAYOR 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 MAYOR'S REPORT JANUARY 5, 2005 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD TO' I-6, Commission/Committee Member Renewals -- Eric Mayer, SOAR Ministries, application for Airport Commission Placement consideration as a Lessee (Position Available) CITY CLERK ADD TO: ADD TO: I-8, Discussion regarding KPB Sales Tax Ordinance -- 1 / 4 / 05 R. Molloy letter and attachment. K- 1, City Manager Report -- Ted Smith/Proposal for Ice Making Equipment Using Kenai City Dock Facility CITY CLERK CITY MANAGER ADD AS: Information Item No. 8 -- 12/27/04 U.S. Department of the Interior News Release re§ardin§ Notice of Intent to Prepare an Environmental Assessment for Cook Inlet Sale 199, includin§ a copy of JJW 12/10/03 letter in support and Resolution No. 2003-06. CITY CLERK CONSENT AGENDA No changes. , MAYOR'S REPORT > ~0 ~0~ > ~0 ~0~ z 0 TESTIMONY SIGN-IN SHEET Suggested by: Administratic City of Kenai ORDINANCE NO. 2075-:2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $16,896 IN THREE SENIOR CITIZEN FUNDS. WHEREAS, at the time the City budget was approved by Council, the grant awards for the Council on Aging Title III fund and the United Way had not been approved. The City budget reflects the amount that was requested in the grant proposals. Since that time, these grant awards have been approved; and, WHEREAS, annual leave accrual will be aggregated in the Kenai Peninsula Borough Senior Citizen Fund; and, WHEREAS, the Council on Aging Title III revised budget is $19,797 less than the original budget, the Choice Waiver revised budget is $2,288 less than the original budget, and the Kenai Peninsula Borough Senior Citizens revised budget is $5,189 more than the original budget; and, WHEREAS, the reduced budgets will still provide for the nutrition, transportation and support of the senior community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased (decreased) in the following funds: Council on Aging- Title III Fund Estimated Revenues: U SDA Cash In-Kind Rent $ 1,000 <21,554> $<20,554> Appropriations: Access- Leave Access- Rentals $<1,184> <10,806> <11,990> Congregate Meals- Leave Congregate Meals - Operating Supplies Congregate Meals- Rentals <799> 2,000 <10,806> <9,605> Home Meals- Leave Home Meals- Operation Supplies <918> 2,000 1,082 Transportation- Leave Transportation- Health Insurance Transportation- Operating Supplies < 140> 140 716 716 <19,797> Ordinance No. 2075-2004 Page Two Choice Waiver Fund Estimated Revenues: Meal Donations Appropriations: Leave Kenai Peninsula Borough Senior Citizens Fund Estimated Revenues: United Way Grant $<2,288> $<2,288> <1,244> Appropriations: Leave 5,189 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of January 2005 ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance' ~'~~ (12/01/2004) hl Introduced: December 15, 2004 Adopted: January 5, 2004 Effective: January 5, 2004 Suggested by: Administ, City of Kenai RESOLUTION NO. 2005-01 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $11,300 IN THE GENERAL FUND TO PAY UTILITIES AT THE ALASKA REGIONAL AIRCRAFT FIREFIGHTING FACILITY FOR THE ARCTIC WINTER GAMES. WHEREAS, the City council agreed to provide office space at the Alaska Regional Aircraft Firefighting Facility for the Arctic Winter Games; and, WHEREAS, the FAA agreed to a below market value lease with the provision that the Airport Special Revenue Fund would not be responsible for the utilities; and, WHEREAS, funds are available for transfer from the Non-Departmental Insurance account~due to lower than expected insurance costs. 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- Insurance $11,300 To: Non Departmental- Transfers Out $11,300 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of January, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (12/21/2005) hl Suggested by: Admi. City of Kenai RESOLUTION NO. :2005-02 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING LEGISLATION TO CONTINUE THE REHIRED RETIREE - EMPLOYMENT WAIVER PROVISION OF HB242 FOR THOSE MEMBERS CURRENTLY ENROLLED UNDER THIS PROVISION. WHEREAS, in 2001 the State Legislature enacted HB242 which provided that retired PERS members could be rehired by PERS employers and continue to receive normal retirement benefits; and, WHEREAS, the July 1, 2005 sunset provision in the bill was interpreted by the Alaska Division of Retirement and Benefits to be the final date to be reemployed under this program; and, WHEREAS, the Division of Retirement and Benefits further stated in writing that "any member who is participating in the program and continues employment after July 1, 2005 will be allowed to continue participating in the plan"; and, WHEREAS, the City and its eligible members relied upon the information provided by the Division of Retirement and Benefits; and, WHEREAS, agreements with employees were negotiated in good faith and the stated terms and conditions should be honored. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The City Council of the City of Kenai supports legislation that will continue the Rehired Retiree- Employment Waiver program enacted by HB242 in 2001, for those members currently enrolled in that program. Section 2: That such legislation will be acted on early in the 2005 session. Section 3: That this resolution be sent to Governor Murkowski and all members of the Alaska State Legislature. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of January, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: ~ (12/21/2004) hl AGERDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 15, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed w/th an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PI1BLIC COMMENTS (10 minutes) 1. Introduction -- Kenai Police Department, Officer Jim Johnson ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND_ COUNC _~ ITEM E: REPORTS OF KENAI CONVENTION/is VISITOR.S_ BOARD AND KENAI CHAMBER OF COMM~. RCR ITEM F: PUBLIC HEAR~GS , Ordinance No. 2074-2004 -- Increasing Estimated Revenues and Appropriations by $548.79 in the Police Department for the City's Share of a Drug Enforcement Administration Forfeiture. , Resolution No. 2004-60 -- Adopting the City of Kenai, Alaska 2005- 2006 Capital Improvement Project (CIP) Priority List for Requesting State of Alaska Legislative Appropriations. ITEM G: MIRUT~ le *Regular Meeting of December 1, 2004. *Work Session Notes of December 6, 2004. ITEM H: OLD BUSINESS ITEM I: NEW BUSINF,,~ , Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 o , *Ordinance No. 2075-2004 -- Decreasing Estimated Revenues and Appropriations by $16,896 in Three Semor Citizen Funds. Discussion -- Scheduling Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Denial of PZ04-49, a Conditional Use Permit for a Recreational Vehicle Park for the Property Known as KN T05N RllW S 17 South 460 FT of the S1/2 SE1/4 SW1/4 lying North of the Northerly Right-of-Way of Kalifomsky Beach Road (725 Baleen Avenue), Kenai, Alaska. Application Submitted by Blue Sky Pilots Trust, Mae H. Brower, Managing Director, P.O. Box 9478, Spokane, Washington. ITEM J: CO__M~__ISSION / 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 MAYOR ITEM L: ADMINISTRATION RE~RTS 1. City Manager 2. Attomey 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 15, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / ~vww. ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7'00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEG~CE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were' Blaine Gilman Cliff Massie Pat Porter, Mayor Rick Ross Linda Swarner Absent was: Joe Moore and James N. Buffer, III A quorum was present. A-3. AGENDA APPROVAL MOTION: Council Member Swarner MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. A-4, CONSENT AGENDA MOTION: Council Member Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT' Council Member Massie SECONDED the motion. There were no objections. ~O ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-X, Introduction -- Kenai Police Department, Officer Jim Johnson KENAI CITY COUNCIL MEETING DECEMBER 15, 2004 PAGE 2 Chief Kopp introduced the city's new police officer, Jim Johnson. Kopp reported Officer Johnson had been an Alaska State Trooper before his hire and noted, the city was very fortunate to/'md and hire Officer ,Johnson. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORT~ OF~KPB....A,~EMB~ .LY,. LEG. ISI, ATORS AND COUNC~. Assembly Member Betty Gltck-- Assembly Member Glick reviewed actions taken by the Assembly at their December 7 meeting. She also noted the following: · The Assembly is developing their federal and state priority list booklet. They are requesting, as additional information to coincide with the lists, who will be responsible for the operation, maintenance, and their costs if funding is made available for the project. The lists will be reviewed at their January 4, 2005 meeting and they hope to finalize the booklet on January 18 prior to a trip to Juneau by members of the Assembly, to present the booklet to legislators. · The ordinance to raise the sales tax cap was postponed to March 1 in order to receive additional input from the public. · She will be discussing the implementation of a borough-wide bed tax in the near future. ITEM Iii: REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CH/tMBER OF COMMERCE Mira Renken~ Director, Kenai Convention/h Visitors Bureau -- Gave a brief report of activities t~g place at the Visitors Center, including consideration of future cultural and family-oriented programs through parmermg with other local entities. ITEM F: PUBLIC HEARINGS F-lo OrdinanCe No. 2074-2004-- Increasing Estimated Revenues and Appropriations by $548.79 in the Police Department for the City's Share of a Drug Enforcement Administration Forfeiture.. MOTION: Council Member Swarner MOVED to approve Ordinance No. 2074-2004 and Council Member Ross SECONDED the motion. There were no public or council comments. VOTE: - ~NAI CITY COUNCIL MEETING DECEMBER 15, 2004 PAGE 3 Gilman Moore Absent Ross Yes Yes Buffer Absent Porter Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. Resolution No. 2004-60 -- Adopting the City of Kenai, Alaska 2005- 2006 Capital Improvement Project (CIP) Priority List for Requesting State of Alaska Legislative Appropriations. MOTION: Council Member Swarner MOVED to approve Resolution No. 2004-60 and Council Member Massie SECONDED the motion. There were no public comments. It was noted, the list of projects was developed during a recent work session and were included with the resolution. As requested by. council at the work session, the projects listed were not in a specific order. Discussion followed to prioritize the list of projects. Swarner stated her desire to see the list of roads in the priority administration has listed. Ross suggested council go forward with priOritizing the list to include with the resolution and then prioritize the list of road projects for backup data at a later time. Swamer and Ross suggested the list of road projects be included on the next meeting agenda for prioritization. MOTION: Council Member Swamer MOVED to amend the list by adding to it a sprinkler system at the Left Hansen Memorial Park. Council Member Massie SF~ONDED the motion. VOTE: Gilman Moore [, Ross No Absent No Buffer Swarner Absent Porter Yes Massie No No MOTION FAILED. Council Member Ross suggested the following as a prioritized list: , Roads, drainage, and parking lot improvements Fire Protection, VIP Subdivision _ Kenai Coastal Trail KENAI CITY COUNCIL MEETING DECEMBER 15, 2004 PAGE 4 . State of Alaska Dip Net Fishery Projects Commumty Street Lights Discussion followed relating to the addition of the water treatment projects for which Department of Environment Conservation (DEC) grant funds had been requested. It was noted, the Governor had not included the projects on his capital list, and because of non-comrfliance concerns in 2006, it was felt the project should be added to the list. If funded, t~ose funds could be used toward the city's 50% ma~ch of DEC funas. MOTION: Council Member Gilman MOVED to amend the resolution to include the treatment portion for these wells at $1.6 million. Council Member Ross SECONDED the motion. Gilman stated his concern of the compliance issue and funds would be needed to complete the work. He added, he felt it was a priority and felt there would be a better chance to receive funding for this type of project than for the coastal trail project. A brief explanation of how the projects can be funded through grants and Governor's capital lists was given. VOTE ON AMENDMENT: Gilman Yes Moore Absent Ross Yes Buffer Absent Porter Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. Ross withdrew his origin~ priority list and suggested the following: , 2. 3. 4. 5. 6. Water well treatment Roads, drainage, etc. Fire Protection, VIP Subdivision Kenai Coastal Trail State of Alaska/Dip Net Fishery Community Street Lights City Manager Snow' asked for clarification of the water well project added'. It was confirmed council was referring to the Water Treatment System for Well Housea 1, 2, 3, and 4 at $1.6 million. Gilman suggested the street lights should be moved to item four on the list (following f'~re protection of VIP Subdivisionl as another lower-cost project which may be more easily funded by. the Legislature. Swarner agreed. The list was restated as: KENAI CITY COUNCIL MEETING DECEMBER 15, 2004 PAGE 5 o 2. 3. 4. 5. 6. Water Treat System for Well Houses 1, 2, 3, and 4 Roads, Drainage, and Parking Lots Fire Protection, VIP Subdivision Community Street Lights Kena/Costal Trail State of Alaska Dip Net Fishery Projects MOTION: Council Member Gilman MO~ to accept the list as the city's priorities and Council Member Ross SECONDED the motion. VOTE: Gilman Yes Butier Absent Porter Yes Moore Absent Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. Snow requested clarification ff it was council's intent to forward the f~rst two priorities to the borough. Snow noted, the letter she received from the borough did not indicate they wanted two projects. They will accept a list of projects on one page. Assembly Member Glick noted, the two-projects request was to communities outside of the cities. Snow stated she would forward the entire list in its current priority form to the borough. There were no objections stated. ITEM G: MINUTES ,, G-Xo Regular Meeting of December 1, 2004-- Approved by consent agenda. agenda. Work Session Notes of December 6, 2004-- Approved by consent ITEM H: OLD BUSINESS-- None. ITEM I: ,, , NEW BUSINESS I-X. Bills to be Paid, Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING DECEMBER 15, 2004 PAGE 6 Council Member Swamer MOVED to pay the bills and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no objections. SO ORDERI~D. I-2o Purchase Orders Exceeding $2,500 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $2,500 and Council Member Massie SF.~ONDi!ID the motion. There were no objections. $O ORDERED. I-3o Ordinance No. 2075-2004-- Decreasing Estimated Revenues and Appropriations by $16,896 in Three Semor Citizen Funds. Introduced by consent agenda. Discussion -- Scheduling Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Denial of PZ04-49, a Conditional Use Permit for a Recreational Vehicle Park for the Property Known as KN T05N R11W S 17 South 460 FT of the S 1/2 SE 1/4 SW1/4 lying North of the Northerly Right-of-Way of Kalifomsky Beach Road (725 Baleen Avenue), Kenai, Alaska. Application Submitted by Blue Sky Pilots Trust, Mae H. Brower, Managing Director, P.O. Box 9478, Spokane, Washington. Council referred to the information included in the packet and scheduled the Board of Adjustment hearing for Tuesday, January 4, 2005 at 7'00 p.m. A brief discussion followed related to the amount of people who attended the Planning & Zoning Commission when the issue was heard. It was noted, a call was received from a concerned citizen who was not able to hear the proceedings because of a lack of seating in the chambers. It was suggested the hearing be held at the Senior Center. Clerk Freas stated her concerns there was more room available at that site, however, a lack of satisfactory microphone/recording equipment would be problematic. Bill Popp, 810 Set Net Drive, Kenat -- Noted a previous suggestion to borrow portable equipment from the Borough Clerk's office would also be problematic because the equipment would be in use for committee meetings prior to the Assembly meeting scheduled for the evening of January 4. Duncan Harris, 310 Portlock, Kenai-- Suggested contacting one of the schools where the hearing could be held. He not_ed, there would be more parking space available as well. ~NAI CITY COUNCIL MEETING DECEMBER 15, 2004 PAGE 7 Council scheduled the hearing at the Senior Center and administration will work out the details in finding adequate sound system/recording equipment to use for the evemg. ITEM J: COMMISSION/COMMITTEE REPORTS J-1. Council on Aging -- Gilman reported the December meeting was cancelled and he would not be able to attend the January meeting. Council Member Swamer stated she would attend. J-2. Airport Commission -- Swamer reported the December meeting was cancelled and a work session w/th the airport supplemental study contractor was held instead. J-3. Harbor C0mmt~ion-- Masaie reported he was unable to attend the meeting due to the work session with the airport consultant. J-4. Library Commt~ton -- Gilman reported the meeting summary for the December 7 meeting was included in the packet. Parks/~ Recreation Commission-- No report. J-6. Planning/~ Zoning Commi~ton -- Ross reported the December 8 meeting dealt mainly with the conditional use permit application which had now been scheduled for a Board of Adjustment Hearing. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Swamer reported a meeting was held on December 14. The Committee discussed plans for flower beds at the Visitors Center and Chamber. She reported the Committee also requested their January meeting be cancelled. Council had no objections. Alaska Municipal League. Report -- No report. J-7c. Arctic Winter Cv~_~me~:,-- Porter noted, a productive work session was held with Games representatives earlier in the week. J-7d. Stranded. Cras, Commtttee--- Ross noted a teleconference meeting was held during the last week and updated council on actions and discussions taken. He noted, the next teleconference meeting would be held January 6, 2005. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following: · She attended a lunch witl~ Governor Murkowski at which he presented his proposed budget. Copies of his budget were available for council. ~NAI CITY COUNCIL MEETING DECEMBER 15, 2004 PAGE 8 · In a discussion with Mayor Carey related to opportunities for joint projects, they agreed a joint letterhead might be useful. She distributed a suggested design and noted the letterhead would not be used without approval from both councils, it would be used for very specific issues, and, a discussion related to a joint letterhead would be included on the next meeting's agenda, · She attended the opening of the Medallion Foundation's teaching facility at the Kenai Airport. ITEM L: ADMINISTRATION REPORTS L-1. City Manager-- City Manager Snow reported the following: · The department head reports were included in the packet. · She explained, the Borough had a contract with the cities for E-911 services for which they paid the cities. In March, the Borough terminated their contract with the cities and are no longer making payments. A new contract is being negotiated with the borough and in that effort, Mayor Bagley has scheduled a work session for January 11 with city managers to discuss E-911 upgrades, etc. Snow added, she and Chief Kopp will attend the meeting. · Noted an updated rate schedule for the Kenai Recreation Center was included in the packet as Information Item 7. · A grant request was submitted to the Land and Water Conservation Fund for the development of four soccer fields on Section 35 properties. If approved, the city's match would be approximately $223,000. · Problems with Public Works radios have been ongoing since the upgrade of the radios at the dispatch center. She noted, research of costs for a remedy will be made and brought back to council for consideration. Chief Kopp noted, the problems developed about 18 months ago with the 20-year old combiner. The quote received earlier in the day of $20,000 would replace the combiner, wiring and antenna. He noted, this item was included in the last budget draft, but was not funded. Ross noted the copy of a letter council was given during the work session with legislators prior to the council meeting relating to HB242, Rehired Retiree/PERS Employment Waiver. Ross requested a resolution be prepared for council's consideration for the January 5, 2005 meeting. He added, he would like the resolution be forwarded to the Legislature because the cities all over the state relied on the State's advice. Ross stated, he thought that point should be included in the resolution, as well as any actuarial problems. Council's consensus was to have the resolution prepared. Swarner suggested a history of PERS payments over the last 15 years be included, however it was decided the two topics were separate issues. L-2. Attorney -- Attorney Graves reported he would be out of the office December 27-31. _ KENAI CITY COUNCIL MEETING DECEMBER 15, 2004 PAGE 9 L-3o City Clerk-- No report. ITEM M: DISCUSSION M-1. Citizens Emily DeForest, 515 Pine Avenue, Kenai-- Noted the scheduling of the Board of Adjustment Hearing for January 4, 2005 would prevent Gilman from attending the Library Commission meeting and he was to have a major part in the discussions to take place. She requested the January 4, 2005 Library Commission meeting be cancelled. Council had no objections. M-2. Council Swarner -- Wished all happy holidays and suggested council members request a tour of the dispatch area relating to the security camera equipment now in use. Massie -- Thanked City Manager Snow for changing the department head seating arrangement. Ross -- Wished all happy holidays. G~man-- · Thanked Swarner for her offer to attend the Council on Aging meeting and wished all happy holidays. · Reported he may not be able to attend the January 5, 2005 council meeting. EXECUTIVE SESSION- None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 8:16 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Council Present: Staff Present: Legislators Present: KENAI CITY COUNCIL WORK SESSION DECEMBER 15, 2004 5:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING -& NOTES L. Swarner, P. Porter, C. Massie, R. Ross, B. Gilman C. Freas, L. Snow, C. Graves, S. Walden, J. La Shot, F. Macvie, L. Semmens, and K. Komelis Senator T. Wagoner, Representative M. Chenault, and Representative-Elect K. Olson. Mayor Porter opened the work session at approximately 6:00 p.m. and noted a copy of Resolution No. 2004-60, adopting the city's 2005-2006 capital improvement project list was before them. She noted, the list was developed during a recent work session. She requested guidance from the legislators as to how much money they believe will be available for funding capital projects due to the state's surplus funds from oil price increases. A general discussion followed in which comments included: Wagoner stated he would like one-time funding items like PERS/TERS to be funded first and he wants to target education issues as well. · As funds become available, Wagoner believed they would probably focus on road projects. · The Agrium issue is market driven and additional gas will need to be committed. · Chenault requested back-up information on projects (one page for each project) be provided to them for a quick reference when funding availabilities are known (probably in April). · Wagoner stated he suggested Mayor Bagley make a request to the governor for Arctic Winter Games funding as he did not want to include it on his list of requests if the Governor will be cutting it out. He wants to include only projects that have a good chance of being funded. The city's list should include smaller-cost projects as well as larger ones. The smaller costing projects may have a better chance of being funded. · Note ff a project can be done in steps. Porter referred to a copy of a letter to Commissioner Matiashowski, Department of Administration, regarding HB 242, PERS Employment Waiver, written by six city employees who chose to participate in the PERS waiver program after the city received and employees received assurances the program would continue. Finance Director Semmens reviewed the letter with the legislators and council and discussed a proposed bonding remedy. Semmens noted, it is a big issue and there will be ramifications if the Legislature doesn't fhx the problem. Semmens was requested to forward a copy of the letter the city received stated the assurances of the program's KENAI CITY COUNCIL WORK SESSION DECEMBER 15, 2004 PAGE 2 continuance to the legislators. make it actuarially sound. Ross requested the Legislature review the issue and Public Works Komelis reviewed the water quality and tank concerns, noting the city had submitted applications for DEC funding. ~Va~oner stated he ~vould also be supporting and advocating the upgrading of the highway between Soldoma and Kenai be reviewed by DOT. Komelis requested consideration of upgrading Wildwood Road by the state as it is the main access road to the prison, though it is used by residents living in the adjacent city subdivision. The work session adjourned at approximately 6'50 p.m. Notes prepared by: Carol L. Freas, City Clerk Z Z ~Z W z w n- O d LU n,' n," W n- O 0 Z 0 0 n, 0 uJ 0 z 0 z 0 [u o n IL! UJ n,' n Z ww o uJ uJ Suggested by: Adm City of Kenai ORDINANCE NO. 2076-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $150,892 IN THE SENIOR CENTER KITCHEN CAPITAL PROJECT FUND. WHEREAS, the Senior Center kitchen is in need of renovation; and, WHEREAS, the Rasmuson Foundation has provided a grant of $140,892; and, WHEREAS, the Senior Connection has provided funding of $10,000; and, WHEREAS, the Senior Citizen/Borough Grant Fund has sufficient fund balance to finance the balance of the project if necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Center Kitchen Capital Project Fund Increase Estimated Revenues: Rasmuson Grant Senior connection $140,892 10,000 $ 5o,892 Increase Appropriations: Construction $150,892 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of January 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (12 / 28 / 2004) hl Introduced: Adopted: Effective: January 5, 2005 January 19, 2005 January 19, 2005 Suggested by: Admir~ City of Kenai ORDINANCE NO. 2077-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $36,000 IN THE GENERAL FUND COMMUNICATIONS DEPARTMENT TO REP~CE RADIO COMMUNICATION EQUIPMENT. WHEREAS, certain radio communications are currently inoperative due to failure of radio hardware called a Combiner; and, WHEREAS, radio communication is essential for safe and efficient operation of several departments; and, WHEREAS, funds are available in the fund balance of the General Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $36,000 Increase Appropriations' Communications - Machinery and Equipment $36,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of January 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (~ / ~ / ~004) hi Introduced: Adopted: Effective' January 5, 2005 January 19, 2005 January 19, 2005 KENAI POLICE DEPARTMENT 107 SOUTH WIT.LOW STREET ~NAi, .X.K 99611 Telephone (907) 283-7879 Fax (907) 283-2267 TO' THRU' FROM: DATE: Linda Snow City Manager buck Kopp hief of Police ee Gattenby · Communications Supervisor December 29, 2004 SUBJECT: Radio Combiner Memorandum for Record Kenai Dispatch is a Primary e911 Public Safety Answering Point (PSAP) that utilizes Motorola equipment to transmit and receive radio traffic to and from field units and remote base stations. Dispatch communicates over four main channels in the VHF spectrum that include, Kenai Police, Kenai Fire, Public Works and AST Simplex. The newer Motorola. Quantar~ radios are capable of transmitting over selectable frequencies and can broadcast and receive analog and digital signals (which is compliant with the Alaska Land Mobile Radio system). Currently, the Kenai communications system still uses outdated legacy radio combiner hardware to band-pass four transmitter/receivers signals through two antennas. The hardware is problematic for several reasons. e The legacy combiners are 'fixed' frequency, and are not compatible with the multiple- frequency selection capabilities of the newer Quantar~ system. The band-pass capabilities of the legacy combiners are no longer filtering transmissions cleanly. This is causing the radios to bleed over on to other frequencies when transmi~g; it reduces signal strength and clarity and will intermittently receive stray trans~ssion signals from FM through UHF..frequencies. 3. The combiners are very old. Servicing. them is a challenge as no replacement parts are made for them .any more. _ - .. 4. The old combiner is causing feed back Problems that force us to use the 'back-up' police. trans~tter. The police and fire radios have 'back.up' txans~Rem for use in case the primary Quantar(~ radio/transmitters malfunction. The back-up transmitters are part of the legacy hardware (over ten years old) that was retained as a fail-safe, and were not intended for primary use. The radio interference Can be bad enough to intem~pt officer/dispatch aammissions. Continued use of the legacy hardware (both transmitter and combiners) constitutes an officer safety risk (due to reduced signal strength, routine KENAI POLICE DEPARTMENT feed-back and interrupts). The filtering capabilities of the combiners continue to degrade and could completely fail at any time. Updating the current combiner hardware to a new digital combiner would solve the bleed over problems. Additionally, a new system would provide dispatch with the capability of switching channels (thus giving Kenai the ability to contact other service units on their native frequencies at a much higher transmission quality). If you have any questions, please feel free to contact me. /vlg KENAI CITY COUNCIL STUDENT REPRF.~ENTATIVE POLICY It is important to seek out and consider students' ideas, viewpoints and reactions to city decisions and policies affecting students. In order to provide student input and involvement, the Kenai City Council may appoint a student representative as it deems necessary. Limitations, Qualifications And Requirements: 1. The Student Representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student Representatives may not move or second items during a council meeting. 2. The student shall be a junior or senior in good standing at the Kenai Central High School. . School. The student shall be elected by the student council of Kenai Central High 4. The student shall attend all city council meetings and work sessions, unless excused by the Mayor. 5. The student should have a long-term interest in serving the public as an elected official. 6. The student should give feedback to council members about policies impacting students. skills. o The student should, use this opportunity as a way to develop leadership 8. The student will communicate with student council members at Kenai Central High School to provide information and seek feedback from other students on city issues affecting students. APPROVED AND DATED: This fifth day of January, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk TO- FROM' DATE: RE: C TY :]::::_ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ l~J~2 MEMORANDUM Mayor and Council Members Carol L. Freas, City Clerk City of Kenai December 29, 2004 CONTINUATION OF TERMS City of Kenai Boards, Commissions and Committees Reappointment: Below is a list of those persons whose terms on city boards, commissions and committees will end on danuary 1, 2005. This year, council initiated a new process in having those whose terms were ending to reapply for the appointment. The names of those whose terms are ending and whether they have submitted an application are noted below. In addition, the applications and commission/committee attendance information is attached for your review. Commission/Committee Member Joanna Hollier Linda Flowers Earl T. Jones Dale Sandahl Teresa Werner Janet Brown Janice Rodes Kelsey Dunn Jay Barrett Scott Romain Loft Seymour Jean Rogers Jay Barrett John Hammelman Charles (Chip) Versaw Commission/Committee Council on A~ng Council on Aging Council on A~'ging Parks & Recreation Parks & Recreation Library Library Library Harbor Harbor Beautification Beautification Application Received Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes NO Planning & Zoning Planning & Zoning Airport Yes Application No Other AppUcations: , There are several applications on file and they are attached for your information. An advertisement requesting applications was published in the Peninsula Clarion during the last two weeks. No additional applications were received. clf Attachments CITY OF KENAI "Village with a past - City with a future. BACKGROUND AND PERSONAL DATA- i .- --..- - .... INTMENT COMMITTEES AND " -/'" _-T".. ' ~ ........ '~-~~L. C?MM~SSIONS Resident of the City of Kenai? .,, /d~ ~' Residence Addre= ~~/ ~e/)/~// ~ TO: KENAI CITY CLERK_ 210 FID~ AVE~. KENAI, AK 99611 How long? Mailing Address~~/,~'~///~ ~' L_ ~' '~/~T- '~7 ~~~ / Home Telephone No. Home F~ No. Business Telephon~No Business F~ No. Em~ Ad.ess: ~~ ~~~/~= May we include your contact ~oma~on on our web page? ~L ~ If not ~, what mfoma~on may we include? CO~W~~ OR CO~~I~S m ~CH YOU ~ ~E~ED: ~~ *-~/ ~ DO YOU W~ TO BE INVOLVED ruTH THIS COMMXSSmN OR COMMITTEE? . WHAT BACKGROUND, EXPERIENCE, OR CRED~ DO YOU POSSESS TO BRING .TO THE-BOARD, NAME: CITY OF KENAI "Village with a past- City with a futura" BACKGROUND AND PERSON~ DATA- CANDIDATF~ FOR APPOINTMENT COMMITTEES AND ~ TO: KEN~ CITY CLERK 210 FID~ AVE~ KENAI, AK 99611 Resident of the City of Kenai? /~ir~,/;[~ C,~¢',4 ¥ 1_'~ ~;'~_~ How long? Ma~g Address FO '~ OZ ~ }~.~(J, ~a~q~[/ Home Telephone Home F~ No. Bus'ess Telephone No ~ ~u,me,, F= ~o. ~ 2 5- ~ ~ ~ . ~m~ ~ddre~: ~?ta~,~ May we include your co~mct info~a~on on our web page? ALL ~~ - - - not ~, what mfomauon include? . EMPLOYER: (~/~ ~'_t~ NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WlilCH YOU ARE INTERESTED: ~ DO YOU WANT TO BE INVOLVED WITH ?ltlS COMMI$SIOll O.R COMMITTEE.? , ~ ~ . ..... # .... ~7 ~ - '" ' ' COMMISSION OR COMM1TTEEMEMB~~'~ ~ ...... ._, ~ /,_, _ ~~_~_- . - .- ...... . ....... ~j-,- . ~ ..... ~ - _ .. . Signature KENAI. ALASKA DATE: NAME: Resident of the City of Kena/? Residence Adaress Mailing Address Home Fax No. Business Fax No. CITY OF KENAI "Village with a past- City with a future." BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND --..- __ RETURN TO: KENAI CITY CLERK 210 FID~ AVE~ KENAI, Ali 99611 How long? ~ g~ ~'~-9~ Home Telephone Business Telephone No ~ Email Address' ~ May we include your contact infomation on our web page? ALL ~ If not al/, what infomation may we include? EMPLOYER: ~ ! ~/~ / Job Title Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ~ INTERESTED: WtiAT BACKGROUND, ~ERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO TltE BOARD, COMMISSION OR COMMIT~'EE MEMBERS~ ~' c F ~,,P~ ~..-t~ _.-pa r ~, ~ ,r ~- ~z// ~ ~e ,' /~/~h ~. "',,,' Si~ature O' 0 KENAL ALASKA DATE: CITY OF KENAI "Village with a past - City with a future." BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEF~ AND COMMISSIONS NOV RETURN TO: KENAI CITY CLERK 210 FID~ AVENUE' KENAL AK 99611 Resident of the City of Kenai? ~/~-~ . How long? ,~/ ~/~~-~ ,, Home F~ No. a ~' ~ - ~ a 5 ~ Busmes~~ Telephone No May we include your contact mfo~a~on on our web page? ~L ~ If not ~1, what ~fo~afion may we include? ' .. EMPLOY m NAME OF SPOUSE: ~/~ ~ ~ / ~- Cu~ent membership in org~ni~t, ion~: Job Title COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ~"'/i~ ~, WHY DO YOU,WANT TO BE INVOLVE, D WITH, THIS O0~SSiON ON. C, OMM~.'TTF,,~? ~ WHAT BACKGROUND, EXPERIENCE, OR CREDENTIAI~ DO YOU POSSESS T° BRING.TO THE.BOARD, / Signature KENALALASKA CITY OF KENmei "Village with a past- City with a futnr& " BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMI~E~ AND DATE: /1'---/--0 ~'/ ..... NAME: ~ Resident of the City of Kenai? ~-~ ,,, How long? Residence Address ~ ~ (-~ · RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUEi KENAI, AK 99611 Mailing Address ~O ~_ ~¥~ C_CO I ! 0 ~ ~'~~ Home Telephone No. Home Fax No. z3~$-/f~ Business Telephone No_ Business Fax No. Email Address: /)(~/~/~ May we include your contact information on our web page? ALL ~i~f not all, what info~rna~on may we include? EMPLOYER: ~S ~ S Job Title C~/~ - NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: - COMMI~E~ OR COMMISSIONS IN WItlCH YOU ARE INTE~ED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD;. COMMI~ION OR' COMMrTTEE MEMBERSHIPP Signature 0 r~ 0 o 0 0 0 KENAI, ALASKA DATE: :/' %, NAME: CITY OF KENAI "Village with a past- City with a futUr&" : BACKGROUND AND PERSONAL DATA- - ...... · -... CANDIDATF~ FOR APPOINTMENT COMMITTEF~~ · COMMISSIONS -' / RETURN TO: I~NAI CITY CLERK 210 FID~ AVE~:~, KENAL AK 99611 Resident of the City of Kenat? '~--~ Cf ¢~? ~."¢ Residence Address How long? Mailing Address ~c".; vc ~- Home Telephone No. Home F~ No. ."~ ~'[t Business Telephone No Business F~No. ','?'/.'~ Em~Ad~ess: ~~~z.o~ May we include your con,ct i~omaOon on our web page? ~L ~ If not ~, wha(mfoma~on may we include? ~ w ~! EMPLOYEI~ ,~'~ r-[~.~,-[ Job Title ~m~ OF SPOUSE: C*~.-s ;V, .'~-~,,c{~ Current membership in organizations: Past organizational memberships: / ~ COMMITTEF~ OR COMMISSIONS IN WltlCH YOU ARE INTERESTED: WHY DO YOU WART TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? i f/o ~,,,, :~.~. - -/ ' · / WHAT BACKGROUND, EXP~NCE, OR CREDENTIAI~ DO YOU POSSESS. TO BRING.TO TH~.BOARD, COMMISSION OR COMMITTEE MEMBERSI-III~ , Si~iature CITY OF KENAI "Village with a past- City with a futur~ " BACKGROUND AND PERSON~ DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND --- ,~-r~..'~.MISSIONS .r--.-- ........ ' ...... ~ i ~ TO: · ~ ! KENAI CITY CLERK NAME: Re.ident of the Ci~ of Kenai? ~~.~Z.~ How ,on~? [~ ~C~ .. Residence Address i[~ ~0©~-~ ~i~X C~ , .. , ,- .. Mafltn~ Address ~~\~-- Home Telephone No. ~.~ '~,_'~ {~ 5[00 Home Fax No. Business i elephone No :~c/~ _/.~ ~-~ ~ Business Fax No. Eaail Addr~,,: ~!~t~_~_-t_~...~~_. ;a_, C~~ ..... May we include your contact information on our web page? ALL '~. If not all, what reformation may we include? EMPLOYEI~ Job Title NAME OF SPOUSE: Current membership in organizations: Past organ/zattonal memberskips: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTE~ED: ki ~[~1~ WHAT BACKGROUND, EXPERIENCE, OR CREDENTiAL~ DO YOU POSSF~S TO BRING TO THE' BOARD, CO~SSXON oa cm~irr~z.,~..~~ .mm,, ~ , _ .~-- . ~ ,- · 0 O~ CITY OF KENAI Village with a past- City with a futura" BACKGROUND AND PERSON~ DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND NAME: Resident of the City of Kenat? -COMMI~ D£C -8200/ · RETURI~ TO: KENAI CITY CLERK. 210 FIDALC~ AVE~' KENAI, AK 99611 How lon ? Mailin~ Address ~/~ ~.k" r,,..l~,-.~,-~,~' ~::~~~ Home_Telephone_No. 9~'(°~'-'~q ... Home Fax No. Business Telephone No c~~l,- ~~5 ~_~ ~ Business Fax No. ~a- ~ ~ ~ Email Address: ~'c~m-r O/~O~67 ~~ ~ May we include your contact information on our web page? ALL i/~If not all, what information may we include? ? " EMPLOYER: ~9(3~.~'C' ~~t~W Job Title ~4~*O~-- _ ur~e_nt membership COMMITTEES OR COMMISSIONS IN Wt~CH YOU ARE INTERESTED: W~ DO YOU WANT TO BE IlqVOLVEO WITH TInS ~O~SSiON OR C.OMMITT.EE? . ... ~_ ~__ WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE' BOARD', COMMISSION O_.R COMMITTEE MEMBERSHIP?  ___._~(% ' Signature CITY OF KENAI "Village with a past- City with a future." BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: Dec. 29, 2004 NAME' Resident of the City of Kenai? _ Yes Residence Address ~.~01 Gill Jay B_arrett How long? 1.5 years Mailing Address Home Fax No. Business Fax No. P.O. Box 821 Home Telephone No. 398-186.8. N/A _ Business Telephone No. 398-1868 _ N/A E-Mail Address: thejaybob _(~nac.com _ Job Title Writer/Artist EMPLOYER: Self-employed NAME OF SPOUSE: N/A Membership in organizations: Pickle Hill Public Broadcasting; Bristol Bay Native Corp.; Choggi_'ung Ltd.; laska Photo hie Center:. American Civil Liberties Union. Volunteer for Kenai Performers. Past organizational memberships: ___Kenai River Council on the Arts (president); Dillin~.~. m Aris Council (president); Bethel Council on the Arts (president), COMMITrEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED_ Ken_si_ Harbor Commissiom. Kenai Planning _and Zomng Commission. WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITFEE? I have served o WHAT BACKGROUND, EXPE~NCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMYIWEE MEMBERSHIP? I have worked us a joum~_st for mostofmy possible. L. Jay Barrett (si~.uned hard copy to follow) Signature CITY OF KENAI "Village with a past- City with a futur~ " BACKGROUND AND PEI~ON~ DATA- CANDIDAT~ FOR AP~INTMENT COMMITTE~ AND DATE: i'/~'~' ~' ~ Residen~ o~ ~he City of Kenai? Residence Address , RETURN TO: KENAI CITY CLERK 210 FID~ AVENUE KEN&I, AK 9961 ! How long? Mailing Address ~'.'un 7o~')¢L,z,i_~__~.'' ~).,4. ~~ Home F~ No. ~ .... Business Telephone No ~- Business F~ No. ~ Em~ Address: May we melee your contact mfoma~on on our web page? ~L U If not ~, what mfoma~on may we include? ~"'~, ~~ ~c~ EMPLO~~ Job Ti~e .~ OF SPOUSR: ~C Home Telephone No. ~-~_ Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ~ DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE, BOARD, CO MISSION OR'COMMI'~E~ MEMBeRSHIp?. ~ , __~ .. , · ~ . _.~ '~_ _ Signature .. KENALALASKA CITY OF KENAI "Village with a past - City with a future." BACKGROUND AND PERSON~ DATA- CANDIDATES FOR APPOINTMENT COMMITTEF~ AND DATE: NAME: ---- RETURN TO: KENAI CITY CLERK. 210 FIDALGO AVENUE' KENAI, AK 996t1 Resident of the City of Kenai? ~ _~ -~' Residence Address ~ ~- ~~_~-~--~----- How Xong? ~'~'+ ¥ ~-~ Mailing Address ~d M,~ Home Fax No. /~ p ,~ _~ Business Telephone No Business Fax No. /~/~ ~ ~- Email Address: ~a~~/~ May we include your contact informa~on on our web page? ALL ~ not all, what information may we include? Home Telephone No../V · ~T'; t., Job Title NAME OF SPOUSE: ~ Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WIHCH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED wi'ri/THIS CO~SSXOi/OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTLM.,S DO YOU POSSESS TO BRING TO THE. BOARD, COMMISSION OR CO~M~EE MEMBERSHIP? '," . 0 O~ . ry OF KENAI "Village with a past-- City. with a future." BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTME~ COMMITTEES AND COMMISSIONS DATE: Dec. 29, 2004 Resident of the City of Kenai? Residence Address Mailing Address Home Fax No. N/A Business Fax No. N/A EMPLOYER: NAME: Yes 301 Gill P.O. Box 821 Self-employed NAME OF SPOUSE: Jay Barrett How long? 1.5 years Home Telephone No. Business Telephone No. 398-1868 E-Mail Address: N/A 398-1868 thej aybob ~mac,co rn Job Title Writer/Artist Membership in organizations: ? Pickle Hill Public Broadcasting; Bristol Bay Native Corp.; Choggiung Ltd.; Native Village of Cu_ryu_~ng (Dil!ingha_m); Kenai Photo~aphers Guild; Alaska Photographic Center; American ':.vil Liberties Umon. Volunteer for Kenai Performers. Past organizational memberships' __Kenai River Council on the Arts (president); Dillingham Arts Council (president); Bethel Council on the Arts (president). COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED_ Kenai Harbor Commission; Kenai P lanmn§ and Zoning Commission. WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? I have served on the Harbor Commission for two years, and the Planning & Zoning Commission for one-and-a-half years, and feel serving on both bodies is a mean_ingful _and important way to serve mY commumt¥._ WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP?__ I have worked as a journalist for most of my adult life, ~nd feel it h~s .~ven me the ability to ask the fight questions so that __all aspects of an issue are clear to all concemed, therefore assisting in ensuring that decisions are made with as much accurate .information .~ possible. ~ L. Jay Barrett (signed hard copy to follow) aignature KENAI, ALASKA DATE: NAME: CITY OF KENAI "Village with a past - City with a future." BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND --- _ COMMISSIONS RETURN TO: KENAI CITY CLERK 210 FID~ AVENU~- KENAI, AK 996'11 Resident of the City of Kenai? ~ How long? --' ,, Residence Address 7 -~ 7/'2 ~---_' '" - ._ ~'~~ Ma~g Address ~~ ~ Home Telephone No. ~ ~ ' 7~~ Home F~ No. - ~/~ Business Telephone No~~- Business F~ No. Em~ Ad.ess: ~~~]~~ ~ t~~~, e~ May we include your contact infoma~on on our web page? ALL ~ If not ~, what mfoma~on may we . ~ ,~ ~__~_. ~ z ~-- ~4~.~ include. ~_-- - - ~ =__ F~e~ ~- ~ ~: _- _--- - EMPLO~~ d/~~'~ Job Title ~ N~E OF SPOUSE: - Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WIHCH YOU ARE INTE~ED: WHY DO YOU WANT_ TO.BE INVOLVED WITH THIS. COMMISSI.ON O.R CO ~MMIT~I', E.E?~ ,. ^ Z ' WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE'BOARD, COMMISSION OR CO,M~TTEE MEMBEI~HIP? P'_ P_.5 ~z~_ _._____.._..._.=¢ /,=.: ~...~...._:.~ /__,,._.., ~/.,_ 7'"'"' ...... Sign/ure 0 0 KENALALASKA 11/19/200& DATE: NAME: Charles (Chip) Versaw CITY OF KENAI "Village with a past- City with a futur~ " BACKGROUND AND PERSONAL DATA- Resident of the City of Kenai? no Residence Address '~$2,~5 Patsy. Court'~ ,S01do~na, COMMITTEES AND RETURN TO: KENAI CITY CLERK 210 FID~ AVENUE KEN~, AK 99611 How long? n/a .99669 Mailing Address ~03 N. Willow #1, Kenai, AK 99611 Home Telephone No.262-77A5 Home Fax No. Business Telephone No 283-5700 Business Fax No. 283-5799 Email Address: cversaw@ak.net May we include your contact information on our web page? ALL 7~ If not all, what information may we include? list my mailing address, work phone nuabsr; and e-m~.i 1 Alaska Flying Network EMPLOYER: Job Title President iAME OF SPOUSE: Chantel N. Versaw Current membership in organizations: NAFI~ AOPA, E_~A, Alaska Airmens' Assoc. Past organizational memberships: ? MMI~TTJ/IES. OR COMMISSIONS IN WIHCH YOU ARE INTE~ED: rporD bommlsslon Re-appointment to Iiena~ WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? Continue .... WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBER8~ ork,a SiEnature 0 0 0 0 0 CITY OF KEN AI "Village with a past - City BACKGROUND AND P~RSONAL C D'DA? DATE: · Resident of the City of Kenai? c_~ ~__~dL_~~~<~ How long? Reside=ce Address ,~- 7~ ~ J~_ ~~a, ~~m' EMPLOYER: ";NAME OF SPOUSE: . //~/~~~' 9f~_/'./Home TelephOne No. ~~" 7~a ~' Business Telephone No ~ , ,, Em~ Address: ~~a - Job Tiff, ~ ~~¢~~- ~ ~ ~ / ~rrent membership tn organizations: an~tto~ membe~~ s Past g P : _ ;- COMMITTEES OR COMMISSION8 IN WHICH YOU ARE INTER~S'iT, D: _~-'~.,~,-~' 1~_ DO. YOU W~? TO BE II~OLVED ?H ?I~8 CO~88ION OR CO~I~EE?, WHAT BACKGROUND, EXPERIENCE, OR CREDENTIAI~ DO YOU POS8~ TO BRING TO THg, BOARD, Signature 12/29/2884 13' 36 2624447 ~u~uulr~ rxr.~L,, .'3gC'~9-04 04~JJPe From-ti ty of l(enai Jl;i t¥ CIBrk gO? Z63 506e T-f2f F'. OOZ/OOZ '~-~B CITY OF KENAI l~I/~[{Ol~O~ tm) FtlmO~ DA'fA - CAiiDIDA~ il~O~t AI~I~w~l~ C_~JlplT~~~ AND Resident of the City of Kenai? Residence Address ~ ! ~ Mailing Address Home Fax No. Business Fax No. EMPLOYER: NAME OF SPOUSE: CITY OF KENAI "Village with a past -- City with a futura" DATE: ,Ye BACKGROUND AND PERSON~ DATA- CANDIDATES FOR APPOINTMENTCOMMISSIONS CO / How long? Home Telephone Business Telephone No 7 ~ ~ - Em~Ad~ess' ~~e~K~ ~~ Past organizational memberships: WHAT BACKGROUND, EXPERIENCE' OR CREDENTIALS DO YOU POSSESS TO BRING TO THE:BOARD; COMMISSION OR COMMITTEE ,re Resident of the City' of Kenai? Residence Address ;2. Home Fax No. Business Fax No. ! 't · - ' ~AM~ O~ SPOUSe: CITY OF KENAI "Village with a past- City with a future." DATE: BACKGROUND AND PI!IRSONAL DATA- CANDIDATF, S FOR APPOINTMENT COMMITTEES AND COMMISSION~, ~_: _, "- r',5CE iVE,_, 920111 1 KENAI CITY CLERK Home Telepho. ne No.. Business Telephone No ~q~ ~ [ Email Address: Current membership in organizations: Past organizational memberships: COMMITTEF~ OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND', EXPE~CE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, ~gnature Resident of the City of Kenai? Residence Address 10 1 ~ Mailing Address [o~ ~ Home Fax No. ,,~ Business Fax No. :V )/~ NAME OF SPOUSE: ~/./,~ CITY OF KENAI "Village with a past- City with a futura" BACKGROUND AND PERSON~ DATA- CANDIDATES FOR APPOI~MENT COMMITTEF~ AND COMMISSIO DATE: How long? .../ ,_ ~u~ Home Telephone No. smess Telephone No. ;~//~ m~ent membership in organizations: Past organizational memberships: (~ 0% - ~_~ ~, COMMITTEES OR COMMISSIONS IN WIHCH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOL~D WITH THIS COMMISSION OR COMMITTEE? _ WHAT BACKGROUND, EXPERIENCE, OR CRF, DENTLAL8 DO YOU POSSE88'.TO BRING TO-TH~BOARD,. COMl~8810N OR C, OMIr~~g ~_.~~'~ ~ature 6~ CITY OF KENAI Village with a past - City with a future." BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEF.,~ AND _ ,.,,-,I CITY CLER ~' ~ < How long? Resident of the City of Kenai? , ,--~ Home F~ No. Business F~ No. w ,Home Telephone Business Telephone Email Address: Ox --- EMPLOYEI~ -~<¢e i~oc~q-% Job Title NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIAL8 DO YOU POSSESS TO BRING TO THE BOARD'. COMMISSION OR COMMITTEE MEMBERSHIP? si~ature 0 0 P.~I o ~a~e 1 o~ 2 CITY OF KENAI 'N/Jllage with a pant - CRy with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSION8 NAME: Resiclem of the City of Kenai? U~_G. Residence Address ~~ ~_3~ALtl;eA% Mailing Addm~ ~ ~mt ~5 ~,~.~ Home Velel~on, No. oQ.~,~- 5-3 -~ & Home Fax No. '- ., Business Telephone No. '"' i · lin Business Fax No. EMPLOYER: ---- tmail Address: _. ~IP_.*~: b k~ aLa ke. ~Jtt .Job Title NAME OF SPOUSE' __ .~ ~u~ Ia · Membership in o=~anizaCio:l$: Past organizational memberships: i i · i :- COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE_ ~ L~I,'~,_~I~_ . ti L. L.L,.J ' / / www. L' I . ~,~LJ. cL.L. -. ,..-J it,, o u.~/ t,:(..lltllli..L~j, kjtit:)l (,~ 1LLLR L ~C3LLJJ,.LnL.LJJ. J J.J.L.:(,.L L..L(,JI I o .L.L L..I. LL'J / J %)/ WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE OOARD, COMMISSION OR COMMITTEE MEMBERSHIP? i i · i i Signature Return to City Cleric, 210 Fidalgo Avenue, Suite 200 JAN-03-2005 Ii0N 01:19 ?Ii SOAR Inf, ernal, ional -Commission Appll~l]on FAX NO, 907 283 286 CITY OF KENAI "Village with BACKGROUND AND PERSONAL DATA- / U~J/V -. 8 ~ / CANDIDA~S FOR APPOINTMENT ' [' .f .... ,~-_,~; ~...._. '/ / COMMITTEES AND COMMISSIONS Resident of the City of Kenai?.._ ~ ~ Residence Address Home Fax No. _ _:_/~_//~ .... ..... _ Business Telephone No. cf~)'-7." ~~--- iq [o l_ _ , Business Fax No..~<~_~-. NAME OF SPOUSE: Me~mhip In o~a~o~: COMMI'KrEES OR COMMISSIONS IN WHICH YOU ARE INTE~STED ...... _ _ --~ .... -~-__ _ I ........................... -- .......-- - ---- -"~"---- WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE_~ _'~_ 'l_O_~_. _ hRp :llwww. ¢i . k cn~d . ~dc. u~,omm i ~i on ~commi ~,i o~p pl i ~ li on. htm 1/~/200 JAN-03-2005 MON 01:19 PIi SOAR In~erna~ ional _t~omm~ ss~on ,~ppncauon FAX NO, 907 283 2861 P, 02 rage ~ ox z WHAT BACKGROUND. EXPERIENCE, OR CREDENTIALS 'DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ~ ~_~ ~ ~(_x~ ¢~ C' ~~ o[. Signature Return to City Clerk, 210 Fldalgo Avenue, Suite 200 283-3014 (fax), 283-7535, ext. 231 (phone) http://www, ci.kcnai.ak.us/commissions/commissionapplication.htm I/3/2005 CITY OF 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ }vlex22orandun2 Date' To' December 23, 2004 Linda L. Snow, City Manager Kim Howard, Assistant to City Manager /~/~/~ City Tidelands - ADL 37765, ATS 770 Cherrier and King to Port of Kenai, LLC la) Assignment of Lease (b) Security Assignment of Lease The City has received a request from Chemer and King for approval of the attached documents allowing the transfer of the above referenced tidelands to Port of Kenai, LLC. The parcel is shown on the attached map. The lease allows for an assignment. The City Attorney has reviewed the documents and has determined it isn't necessary for the State of Alaska to consent to the agreements. Payments to the City and Borough are in compliance. If Council approves the transfers, the final agreements can be prepared for signatures. Cc' Karen Goentzel, Escrow Manager, Land Title Company Attachments U.S.S. 678 AMENDED -Parcel ~ ~\ '~ ^~s._1 14 GOVT. LOT 2 BOAT LAUNCH RD 3150 C Street, Suite 220 Anchorage, Alaska 99503 Title Fax: 907-563-2522 Escrow Fax: 907-561-4876 Phone: 907-563-LAND (5263) 3/'"c"~ qr....----.. · . 851 Westl3omt Dave. Suite 212 Wasilla, Alaska 99654 Fax: 907-357-5986 Phone: 907-357-5959 December 22, 2004 City of Kenai Attn: Klm Howard, City Clerk Re: Lease 37765 Cherrier & King _ _ REC IIvED 232004 Following are documents needed to facilitate the sale of the Lease interest on the above referenced lease. All parties understand the. Assignment of Lease and the Assigmnent of Lease for Security Purposes must me approved by the Kenai City Council. The intent of the property use is the same as it is currently being used. All parties respectfully ask the approval of the Kenai City Council. Best Kegards, Karen Goentzel Escrow Manager "Searching tile Past to Secure Your Ftttttr{.'." For good and valuable consideration, ~he receipt and sufficiency of which are hereby acknowledged, the undersigned, Cherrier & King, partnership, (hereinafter known as "Assignor") hereby assigns, transfers, and conveys to Port of Kenai, LLC, (hereinafter known as "Assignee"~), that certain Lease, and amendments and extensions, thereto, if any, more fully described as: L~ssor: Lessee: Term: Recorded: Book/Page: State of Alaska, Department of Natural Resources Cherrier and King, a Partnership Illegible years February 6, 1980 The Lessor's interest is now held of record by City of Kenai as disclosed by Patent recorded April 20, 1977, and as amended by instrument, recorded May 8, 1989 in Book 346 at Page 269, and as amended by instrument recorded on April 25, 1994 in Book 441 at Page 700, and as amended by instrument recorded on June 15, 2004 at Serial No. 2004-005780-0~ concerning the following described property, to wit: ~LL OF THE AL~K~ TIDELAND SURVEY NO. 770, according to the official plat =hereof, filed under Plat No. 80-51, books and records of the Kenai Recording District, Third Judicial District, State of Alaska~ TO HAVE AND TO HOLD the same unto the Assignee, their successors and assigns, from the date hereof, forward and including any extensions or renewals, and all rents, additional rents, and other amounts which are now or may hereafter become due and owing. The Assignor covenants and warrants that the lease is in full force and effect, that the Assignor is not in default or breach of the said lease, and has no knowledge of any claims, offsets, or defenses of the Lessee under said lease, nor any basis for asserting the same. The Assignor further represents that rents due subsequent to this assignment have not been paid in advance by the Lessee. ~ DATED this . day of ., 2004. Cherrier & F, ing, a Partnership William Barstow, Receiver of the Estate of Earl S. King, Partner By: Estate of Roland J. Cherrie'r, Partner By: Jay B. Cherrier, Partner By: ~ean R. Cherrier, Partner "AssigRor" Port of Kenai, LLC By: Jay and Dean LLC, By: Jay B. Cherrier, Member By: Jay and Dean LLC, By: Dean R. Cherrier, Member Assignor' s Address: By: Ryan-Kelly, LLC, By: Ryan W. Pleas, Member Assignee Assignees ' Address: STATE OF ALASKA ) ) Third Judicial District ) ss. THIS IS TO CERTIFY that on this day of , 2004, before me, the undersigned, a Notary Public in and for Alaska, personally appeared William Barstow, to me known and known to me to be the receiver of the Estate of Earl S. King as Partner named in the foregoing instrument, and he acknowledged to me that he had, in his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said partnership for the uses and purposes therein stated. Assignment or' Len~ Prise ~ WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and' ~or Alaska. My Commission Expires: STATE OF ALASKA ) ) ss. Third Judicial District ) THIS IS TO CERTIFY that on this day of , 2004, before me, ~he undersized, a Notary Public in and for Alaska, personally appeared , to me known and known to me to be the ~eceiver of the Estate of Roland J. Cherrier as Partner named in the foregoing instrument, and acknowledged to me that had, in official capacity aforesaid, executed the foregoing instrLuvent as the free act and deed of the said partnership for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for Alaska. My Commission Expires: STATE OF ALASKA ) Third Judicial District ) THIS IS TO CERTIFY that on this day of , 2004, before me, the undersigned, a Notary Public in and for Alaska, personally appeared Jay B. Cherrier, to me known and known to me to be a Partner of the partnership named in the foregoing instrument, and he acknowledged to me that he had, in his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said partnership for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for Alaska. My Commission Expires: . STATE OF ALASKA ) ) ss. Third Judicial District THIS IS TO CERTIFY that on this day of 2004, before me, the undersigned, a Notary Public in an~ for Alaska, personally appeared Dean R. Cherrier, to me known and known to me to be a Partner of the partnership named in the foregoing instrument, and he acknowledged to me that he had, in his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said partnership for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for Alaska. My Commission Expires: STATE OF ALASKA ) Third Judicial District ) THIS IS TO CERTIFY that on this day of , 2004, before me, the undersigned, a Notary Public in and for Alaska, personally appeared Jay B. Cherrier, to me known and known to me to be a Member of Jay and Dean LLC named in the foregoing instrument, and he acknowledged to me that he had, in his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said company for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and' for Alaska. My Commission Expires: STATE OF ALASKA ) ) ss. Third Judicial District ) THIS IS TO CERTIFY that on this day of 2004, before me, the undersigned, a Notary Public in an~ for Alaska, personally appeared De~ R. Cherrier, to me known and known to me to be a Member of Jay and Dean LLC named in the foregoing instrument, and he acknowledged to me that he had, in his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said company for the uses and purposes therein stated. Assignment of Lense Prise 4 WITNESS my hand and official seal the day and year in this certificate firs= above written. NOTARY PUBLIC in and for Alaska. My Commission Expires: STATE OF ALASKA ) SS. Third Judicial District THIS IS TO CERTIFY that on this day of 2004, before me, the undersigned, a Notary.. Public in a~ for Alaska, personally appeared Ryan W. Pleas, to me known and known to me to be a Member of Ryan- Kelly LLC named in the foregoing instrument, and he acknowledged to me that he had, in his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said company for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for Alaska. My Commission Expires =  CONSBN~ TO aSSI~mNT ~ The State of &laska, Department of Natural Resour¢~ hereby consents to the assignment of the right, titl. e: an~interest of the Lessee in the above referenced assignment ~Port of Kenai LLC. ~ Stater°fsAlaska'ouce Department of Natural BYlts~:'~~ "' , ,, , STATE OF ALASKA ) ~ ) ss ~ Third Judicial District ) ss. .THIS IS TO CERTIFY that on t~s_ .. day of , 2004, before me, the undersigned, a Notary Public in a~d for Alaska, personally appea~d , to me known and known to me to be the ' of the S.t.ate..of _~ska, Department 6f Natural Resources named in the fo~oing instrument, and acknowledged to me that ~d, in official capacity aforesaid, executed the fore~ing instrument as the free act and deed of the State of A~ska, Depaz~.ment of Natural Resources for. the uses and purpos~ therein stated Ass~mnent of ~ Pal~e 5 ~SS' my hand and official seal the day and year in this c NOTARY PUBLIC"~n' an~'~'~a. My Commission Expires: CONSENT TO A~SZGNMENT The City of Kenai hereby consents to the assignment of the right, title, and interest of the Lessee in the above referenced assignment to Port of F. enai LLC. City of Kenai By: L£nda L. Snow Its: City Manager STATE OF ALASKA Third Judicial District THIS IS TO CERTIFY that on this . day of 2004, before me, the undersigned, a Notary Public in an~ for Alaska, personally appeared Linda L. Snow to me known and known to me to be the City Manager of the City of Kenai named in the foregoing instrument, and she acknowledged to me that she had, in her official capacity aforesaid, executed the foregoing instrument as the free act and deed of the City of Kenai for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for Alaska. My Commission Expires: . ASSIGnmENT OF LEASE FQR SECURITY Assignment agreement made this day of , 2004, between Port of Ke~ai, LL~, and hereinafter referred to as "assignor", and Northr4m Bazdc, hereinafter referred to as "assignee#. SECTION ONE ASSIGNMENT OF LEASE (a) For value received and the consideration hereafter set forth, assignor grants, transfers, and assigns to assignee, assignor" s entire interest, as lessee, in a certain lease of real property which is described as: Lessor: Lessee; Term: Recorded: Book/Page: State of Alaska, Depar~men~ of Natural Resources Cherrier and King, a Partnership Illegible years February 6, 1980 1253/192 The Lessor's interest is now held of record by City of Kenai as disclosed by Patent recorded April 20, 1977, and as amended by instrument, recorded May 8, 1989 in Book 346 at Page 269, and as amended by instrument recorded on April 25, 1994 in Book 441 at Page 700, and as amended by instrument recorded on June 15, 2004 at Serial No. 2004-005780-0~ The Lessee's interest is now held of record by Port of Kenai by instrument: recorded , at Serial No.: upon the real proper~y described as: ALT. OP THB ]tL~SK~ TIDELAND BURFEY NO. ??0, according to the official plat thereof, filed under Plat No. S0-51, books and records of the Kenai Recording Distric~, Third Judicial District, State of Alaska; B~BJBCT TO reservations and exceptions as contained in U.S. Patent and/or Acts of Congress authorizing the issuance thereof. Said patent among other things, reserves all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities. Affects: U.S. Survey No. 678 P~JRTH:BR BUB,TB~"T TO reservations and exceptions as contained in U.S. Patent and/or Acts of Congress authorizing the issuance thereof. Said patent among other things, reserves all oil, gas and other minerals together with~he privileges, mining and drilling rights and immunities. Affects: Alaska Tideland Survey No. 114 and Alaska Tideland Survey No. 770 Assignm~t of Lease t'or Secunty Page FU~T~E~ SUBJECT TO any adverse claim to any poz~cion of said premises which lies within the bed of Kenai River, below the lines of mean high water; FUR~ SUBJECT TO any question that may arise due to the shifting and changing in the course of Kenai River; FURTHER BUB~ECTTO any adverse claim based upon the assertion that any portion of said land was not tidelands subject to disposition by the State of Alaska, or thac any portion thereof has ceased to be tidelands by reason of erosion, or by reason of having become upland by accretion; FUI~T~R SUB~ECT TO any preference rights which may exist under the Alaska Land Act, terms, provisions and reservations under the submerged Lands Act (43 USCA 1301, 67 Stat. 29) and the enabling act (Public Law 85-508, 72 Stat. 339); FURTHER SUB~E~ TO rights and easements of the United States over and across lands lying beneath Navigable Waters, Tidelands necessary to its jurisdiction over Commerce, Navigation and Fisheries; FURTHER SUBu-E~ TO any prohibition or limitation of use, occupancy or improvements of the land resulting from the rights of the public or riparian owners to use any portion thereof which is now or formerly may have been covered by water, and the rights of the public as set forth in Alaska Statutes 38.05.128; FURTHER SUB~E~ TO easements and building setbacks, if any, as dedicated and shown on U.S. Survey No. 678, Alaska Tideland Survey No. 114 and Alaska Tideland Survey No. 770; FUR~ HUB,3'Br:T TO reservation of all oil, gas and mineral rights as reserved in instrument recorded February 20, 1968 in Book 50 at Page 126; FURTHER SUBu-ECT TO oil and gas lease, including the terms and provisions thereof~ and any failure to comply: Lessor: Lessee: Dated: Recorded: Book/Page: Affects: V.W.R. United Corporation Union 0il Company of California JuRe 5, 1978 July 21, 1978 1.28/599 U.S. Survey 678 and other property The 50% interest of the lessee under the above lease was assigned by instrument: To: Recorded: Book/Page: Pacific Lighting Gas Development Company January 7, 1981 165/_862 NOTE= Title to the mineral estates, as it pertains to said lease, has not been further searched and assurance thereto is not covered under the title policy issued by Land Title Company of Alaska, Inc., Order No. L-88051= (b) Assignor f~er grants, transfers, and assigns: to assignee all rents, income, and profits arising from such lease, its options and renewals, together with all rents, income,' and profits for ~he use and occupation of the premises described in the lease referred to in =his assignment and, at the option of assignee, from all leases of the above-described premises which may be executed in =he futura during =he term of this assigr~ent. SECTION TWO DEBT SECURED This assignment is made =o secure the following: (a) Payment of the principal sum and interest evidenced by a Deed of Trust Note, and any amendments, extensions, or renewals thereof, in the original principal sum of ... Dollars ($ ' .) made by assignor ~n favor of assignee and dated , herein referred to as the note and secured by a deed of =rust of even date herewith on the above described property. (b) Payment of all ocher sums, with interest, which may become due and payable to assignee under this assignment or under the note and deed of trust. (c) Assignor's performance and discharge of every obligation and agreement of assignor under this assignment or under the note and deed of trust. SECTION THREE ASSIGNOR!.S WARRANTIES Assignor warrants = (a) They are ~he sole owners of the lease herein assigned insofar as it applies to the property covered by this assignment and of all the leasehold rights which the lease purports to create, with full right to convey the s~me. (b) The lease is not encumbered, valid, and in full force and effec~c in accordance with its terms. (c) Lessee is not in default under any of the terms, conditions, or covenants of the lease. (d) The rental property, rental payments, and other sums are free from liens, encumbrances, claims, and setoffs of every kind whatsoever. SECTION FOUR ASSIGNOR t S COVENANTS Assignor agrees= (a) To observe and perform all obligations imposed Ass~~t of Lense for ~:~n~ty under the lease hereby assigned and to indemnify assignee from the consequences of any failure =o do so. (b) Not to collect any rent, income, or profits accruing under =he lease or from the premises prior =o the time when =hey shall become due. (c) To preserve the subje~c proper~y 'free and clear of all liens and encumbrances, except as o~herwise agreed by the par~ies hereto. (d) Not to execute any o~her assignment of the lease or assignment of rents accruing under the lease or from the premises. (e) Not to alter, ewtend, or modify the terms of the lease or give any consent or exercise any renewal or option required or permi=ted by the terms of the lease without the prior written consent of assignee. (f) Not to termina=e, cancel, or accept a surrender of the lease. (g) In the event assignee so requests, to assign to assignee any lease upon any par~ of the premises described in this lease made subsequent hereto, and to execute and deliver to assignee such further assurances and assignments in the premises as assignee shall from time to time require. SECTION FIVE TERMS AND CONDITIO~S (a) Collectio~ of Payments and Rents by Assia~nor. Until such ~ime as assignor may default in payment of the principal, interest, or other indebtedness secured by =he note and deed of trust, or in performance of any other obligation hereunder, assignor may collect all rents, income, and profits arising from the premises, when the same are due and payable, and retain the same. (b) Assi_anee~s Option to Take Possession and Manaae Premises. In ~he event of assignor's default herein, assignee may, at its option, without notice or regard to the adequacy of the security, personally or by its agents, take possession of ~he above-described premises and hold, lease, and manage the same on such terms and for such period of time as assignee deems proper and, with or without taking possession of the premises make deman~ and sue for all rents, income, and profits of ~he premises, with power to make from time to time such alteration, repairs, and renovations as may seem proper to assignee, and to apply such rents, income, and profits to payment of all expenses of operating, managing, and maintaining the premises, and the principal, interest, and other indebtedness secured by the note and deed of trust together with costs and attorney's fees, in such priority as assignee in its sole discretion may determine. However, the exercise or nonexercise by assignee of the options granted in this paragraph shall not be considered, a waiver of any default by assignor under the note and deed of trust or under the lease or this assignment. (c) Indemnification of Assianee. Assignee shall not be liable for any loss sustained by assignor resulting from _ Ass~mmt of Lmm for ,~:urtty ~ 4 assignee's failure to let the premises or from any o~her act or omission of assignee in managing the premises, unless such loss is caused by the wilful misconduct or bad faith of assignee. Assignee shall further not be obligated to perform or discharge any obligation or duty under the lease, or under this assignment and assignor agrees to indemnify assignee for any liability, loss, or damage which may be incurred under the lease or by reason of t~is assignment. In the event assignee incurs any such liability above referred to or in defense of any such claims or demands, the amount thereof, including costs and reasonable demands, the amount thereof, including costs and reasonable attorney's fees shall be secured by this assignment and assignor shall reimburse assignee immediately therefor upon the demand of assignee. Further, this assignment shall not make assignee responsible for any waste committed on the proper~y by the tenants or any other parties, or for any dangerous or defective condition of the premises, or for any negligence in the management, repair, or control of the premises. (d) Eviden~$ of Unpaid Indebtedness. Upon payment in full of the principal, interest, and all other indebtedness secured by this assignment or other instruments referred to herein, this assignment shall cease, but the affidavit or statement of assignee or any agent, officer, or attorney of assignee showing any part of the principal, interest, or other indebtedness remaining unpaid shall constitute conclusive evidence of the effectiveness and force of the assignment and any person is hereby authorized to rely thereon. (e) Re%easos bY Assignee. Assignee may take or release other security for payment of the secured principal, interest, or other indebtedness, and may further release any party primarily or secondarily liable, and may apply any other security held by assignee to the satisfaction of the secured principal, interest, or other indebtedness without prejudice to any rights under this assignment. (f) Remedies of Assignee Not Exclusive. Nothing contained in this assignment, or any act done or omitted by assignee pursuant to the terms of this assignment shall be deemed a waiver by assignee of any of the rights or remedies under the note and deed of trust, and this assignment is executed without prejudice to any rights or remedies possessed by assignee under the terms of any other instruments referred to herein. The right of assignee to collect the secured principal, interest, and other indebtedness, and to enforce any other security may be exercised by assignee prior or subsequent to any action taken under this assignment. SECTION SIX POWER OF ATTORNEY Assignor appoints assignee their attorney in fact to demand, receive and enforce payment and to give receipts, releases, and satisfactions and to sue for all sums payable either in the name of assignor or in the name of assignee, with the same force and effect as assignor could have done if this agreement had not been made. SECTION ~EVEN EFFECT OF ASSIGNMENT This assignment, together with the agreements, covenants, and warranties contained herein, shall inure to the benefit of assignee and any subsequent holder of the note and deed of trust and shall be binding upon assignor and any subsequent owner of the mortgaged premises. IN WITNESS WHEREOF, the paz~cies hereto have executed this agreement at Anchorage, Alaska, the day and year first above written. Por= of Kenai, LLC Jay and Dean LLC, By: Jay B. Cherrier, Member By: Jay and Dean LI~, 'By: Dean R. Cherrier, Member By: Ryan-Kelly, LLC, By: Ryan w. Pleas, Member "Assignor" Northrim Bank Assignor ' s Address: Catherine M' Claxton Its: Vice President "Assignee" Assignee ' s Address: STATE OF ALASKA Third Judicial Distric~c THIS IS TO CERTIFY that on this day of , 2004, before me, the undersigne~, a Notary Public in and for Alaska, personally appeared Ja~ B. Cherrier, to me known and known to me to be a Member of the company named in the foregoing instrument, and he acknowledged to me that he had, in his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said company for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for Alaska. My Commission Expires: STATE OF ALASKA ) ) ss. Third Judicial District ) THIS IS TO CERTIFY that on this day of , 2004, before me, =be undersigned, a Notary Public in and for Alaska, personally appeared Dea~ R. Cherrier, to me known and known to me to be a Member of the company named in =he foregoing instrument, and he acknowledged to me ~hat he had, in his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said company for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for Alaska. My Commission Expires: STATE OF ALASKA ) Third Judicial District ) THIS IS TO CERTIFY that on this day of .... , 2004, before me, the undersigned, a Notary Public in and for Alaska, personally appeared ltyan W. Pleas, to me known and known to me to be a Member of the company named in ~he foregoing instrument, and he acknowledged to me that he had, in his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said company for the uses and purposes ~herein sta~ed. WITNESS my hand and official seal the day and year in =his certificate first above written. NOTARY PUBLIC in and for Alaska. My Commission Expires: Ass~nn~nt of tense for Se~nnty Page ? STATE OF ALASKA ) ) SS, Third Judicial District ) THIS IS TO CERTIFY that on this day of , 2004, before me, the undersigned, a Notary Public in and for Alaska, personally appeared Catherine M. C18x~on, to me known and known to me to be the Vice Presiden= of Northr~ Bank named in the foregoing instrument, and she acknowledged to me that she had, in her official capacity aforesaid, executed the foregoing instrumen~ as the free act and deed of Northrim Bank for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for Alaska. My Commission Expires: R~ce CONSENT TO The State of ~laska, Department of Natural s hereby consents to the assignment of the right, tit!e,Rsnd interest of the Lessee in the above referenced assignm~to Northriin Ban~. ~ State of Alaska, Department of  Natural Resources ~ Its: ......  By: .... Third Judicial District ) THIS IS TO CERTIFY t~t on this day of . , 2004, before me, ~e undersigned, a Notary Public in and for Alaska, personat~y appeared and known to me to be e of Alaska, Department of Natural Resources named ~ the foregoing t had, in e foregoing te of Alaska, Depa _rtment of Natural Resources for the uses~nd purposes therein stated. _ WITNESS my hand and official seal the ~y and year in this certificate first above written. NOTARY PUBLIc in and for Alaska~ My Commission Expires: , Aaa~anmt of ~ for ~:unty Pa~ 8 MEMORANDUM TO: FROM: DATE: SUBJECT: Linda Snow, City Manager -._ ,.~,~ Larry Semmens, Finance Director'S2 December 21, 2004 Increasing the Maximum Taxable Sale Borough ordinance 2004-36, which would increase the maximum taxable sale from $500 to $1,000, is postponed until March 1, 2005. If it passes the maximum tax in Kenai would increase from $25 to $50. The max tax on a single sale outside the city would increase from $10 to $20. The $500 maximum taxable sale was ~mplemented in 1965. If it was indexed to inflation, the maximum taxable sale today would be around $1,800 and the max tax would be $90. The Borough estimates that increasing the max to $1,000 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. Although the Borough staff did the best they could with its estimates, they simply do not have all of the data needed to make more than an educated guess at the revenues that may be generated. Them will be concerns from the seller's of goods or services costing more than $500 that increasing the maximum taxable sale amount will encouraqe buyer's to shop outside of the City or to use the internet more. It is nearly impossible to predict the impact raising the cap will have on spending habits. Will the $30 (up to 3%) difference in the price of items costing more than $1,000 cause buyers to use vendors outside of the City? Will the maximum $50 tax send more buyers to Anchorage or the Intemet? This matter deserves thorough scrutiny because them will be impacts if it is adopted. We should expect the Borough mil rate to increase if this legislation, or some other revenue enhancing measure, is not adopted by the Borough. The Hospital mil rate has been increasing. If the total Borough mil rate climbs, it may hinder the City's ability to increase property tax revenue. 12/21/2884 10:45 9072028030 RECORDS CT P~GE 01182 D~tc: H~arings: Action: Action: A~on: Vote: ! 0/12/04 ! 0~6/04 & 11/16/04 Postponed until 11116104 AmendM and Po~med until 03/01105 KENAI PENINSULA BOROUGH ORDNANCE 2004-36 AN ORDINANCE AbfENDING KPB S.18.430, SALES TAX COMPUTATION- MAXIMUM TAX, BY INCREASING IT FROM $~00 TO $1,000 WHEREA~, KPB Chap~ 5.18 provides authority for and specifies the amount of tax to be applied on the firs~ $500 of each sepm'ate sa~e, rcm, or service ~¢tion; a~d WHEN~A~, the KPB Sales Tax Code has not been amended to increase the maximum tax computation since the adoption of KPB Ordinance No.9, effective luly ~, 1965; and WHEREA~, by incrm~ing the maximum mx computation from the c~t $500 to $1,000, au additional amount of approx~alely $1.9 million could be generated and umd to minimize any ftm~ mill rate increm~; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINS~ BOROUGH: SECTION 1. Th~ I~B $.18.430 is hereby amended as follows: S.18.430. Computatio~s~mum mx. The tax shall be appl/ed only to the first [$500.00] $1.900.00 of each separate sale, rent or service transa~on, except, o~erwise provided in this seclion. Except as provided below for long-term vehicle leases, the payment of rent, whether for real or personal property, in excess of [$$00.00] $1.000.00 and for mom than one mong~ shall be trcated as several separate uansactions Covering the rental/lease for onc month each. Services provided on a~count and billed to th~ customer on a periodic basis are subject to application of the tax on a maximum of [$500.00] $1_.000,0Q of ea~ billing, per account. For purposes of this section, any advance paymem for services other than to a Ua~ or cscrow account is considered to be paid pursuant to a "billing." 12/21/2004 10:45 9872628638 RECORDS CT PAGE Gm Do Each night's rental of each individual room shall be considered a separsle transaction and therefore the maximum tax computation shall be calculated on a per room per nighi basis. Long-term vehicle leases shall be treated as one transaction per year, and per fractioual year, of the lease lerm. The tax paid for any fra~on of a year shall equal the tax pa/d for a whole year. The sales tax for the entire long-term vehicle lease shah be due and collected at the time of th~ first payment. Tax shaft be calculated at the sal~s tax rate in effect on the day thc lease is signed. There shall be no refund of such taxes should thc lease tcrmiuate earlier than on its terms. Any extension of the initial lease t~rm shall be treated as a new lon~-terrn vehicle lease. SECTION 2. This ordinance will remain in effect until December 31, 2006. SECTION ~. Th~ this o~dinance b~comes effective [antmry 1, 2005. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH DAY OF * 2005. ATTEST: Gary sUPerman, Assembly president ~ N~ew Tcwt_U~defliued; [D~ ~ BI~A~] ~ Peninsuta Borous;h,, Aln~ka PsSe 2 of 2 ROBERT J. MOLLOY ATTORNEY AT LAW ADMITTED IN ALASKA AND WASHINGTON .Tanua=7 4, 2005 110 South W~ow S/meet, Suite' 101 (907) 283-7373 (907) 283-253~ (Fax) m._qllovlsw~ak.n et _ Hon. Pat Porter, Mayor Linda Snow, City Marmger City of Kenai 210 Fidalgo Avenue, Suite 200 K~, Alaska 99611 VIAF. AX TO 283-3014 Re: Public Comment to City Coundl 1/05/05 City Council Meeting Item I (8) Discussion on KPB Ord. No. 2004-36 Dear Mayor Porter & City Manager Snow' This afternoon I noticed that the City Counsil's agenda indudes a dis~$ion on KPB Ord. No. 2004-36. Previously, on behalf of the Kenai Peninsula Bar Assodation, I made a presentation to Kenai Peninsula Borough of a one page position statement by the Kenai Peninsula Bar Assodation. A copy is endosed, and I would aplvredate the circulation of the statement to Council members. In addition, I would like the opportunity to make a few comments either at the end of your discussion Item I (8) or at Item M. I would make these comments in my private capacity, not as a representative of the Kenai Peninsula Bar Assodation. Thank you for your comiderat:ion. cc: lira Buffer, KPBA President Pro Tern Robert I. Molloy 4,2005 1:16PM LAW OF F I C E S NO, 044 KENAI PENINSULA BAR ASSOC TION AN ASSOCIATION OF ATTORNEYS ACP. O$S THE KENA! PENINSULA BOROUGH TO: FROM: DATE: SUBJ-ECT: Kenai Peninsula Borough Assembly Jim Butler, President~Pro Tern November 15, 2004 Kenai p~imula Borough ORDINAN~ OPPOSITION TO ADOFr / I~Q~T TO TABLE At ~¢ir ~egularly scheduled meeting on November 5, 2004, the Kenai Peninsula Baz Assoctauon considered KPB Ordinance 2004..3~. The discussion amon~ m~rnb~rs included a debate on sales tax equity, current exemptions to sales tax, couc~rns related to al:rplicadon and'a d~ize to support [mpomnt KPB services. Based on that discussiou, I w~s asked ~o convey ~he KP Bar Association's opposi~n to the proposed ordinance ~long with the general position of the local bar. I am sorry that ~ schcdul¢cl conflict will prevent me from attendin§ your meeting scheduled for November 1(5, 2004. Exemptions: It is u~dcrstood ~at thc increase in r.h, sales mx cap is duc, in part~ to the ~onccm that the mx cap has not bce~ tn.izod sLu¢~ ~ts inception i~ 1965. While u'u¢, this review fails to consider the number of ~xemptions ~at hav~ be~n grated sinc~ the sales tax wns originally adopted. Thc list of exemptions is considerable and results i~ · shift of sales tax responsibilities to ~ small ~roup of transactiou$. Further. raizi~g tho cm'ren~ tax level and failing to exemptions =ow will make addressing the application of exemptions even more ctifficult in thc future because tho impact will be gr~te, r at the prepos~ct r~t~ than at the current rate. Our. of-Area B~zinzs;es: It was ~lso pointed out tl~t atwmcys who practice in the KPB but based out of ~e borough do not collect thc sales tzx -- own if the client is a local KPB re, sidcnt. This rn~ns a loc,~ attorney collects the t~x on th¢i~ billings buz th~ out-of-area attorney does not. We would like to ~ncourage the KPB to review how the Cky of Kctchik~ has resolved this issue and now c~ptures activity within theix jurisctiction by businesses located out of uh¢ area, Ne~ j~evenues Foreca,~ted: The Bar Association recognizes many of the rcduc~cl revenue . scenarios challenging loc'al governments rj~toughout the K~nni Peninsula Borough. This stu'iz~g revenue environment tank, s revenue ~nhmcemcnz st~s all thc more i.mpomt to consider . · catchy. Tn I/= ....... ,__: ....... ~,,,,ol h~.c' ~Scs ann conm.lr~¢r~ o~ ~;~m~ sales ample tixne to carcrnny conszaer me map~,,.~ u,, ~,,,,,,., .._m tax cap. In fact, raising the ~ale~ tax cap now, prior to the Alzzka Legislamre'~ decision on education funding and municipal revenue ~haring, may jeoparclize a mole reasonable allocation to · the Kenai Peninsula Borough. In Light of the foregoing, the Bar respec~y requests: 1. Table action on the ordinance, pencting a review of sales t~ exemptions to move toward sale~ tax equity. - . who practice 2.Consider applying the responsibility to collect the tax on servtce providers law on the Ke~aai Peninsula but are based outside the borough. 3. Wait until ~e Legislature has acted on the Governors request for additional education funding, and on municipal revenue sharing, to see what the Borough's acuaat revenue. situation will be for FY 2006, before r'~is~g da¢ sales tax cap. The Bar Associ~ion tmderstand~ the ~owing need to review revenue enhancement options and would welcome the opportunity to work with the Assembly on any efforts to consider more equitable options for assessing sales tax~ across the Kcna/Peninsula Borough. CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMO From: Subject: Linde 5now, Kenoi Ci~ Manager Keith Kornelis, Kenoi Public Works Manager ~ Capitol Zmprovement Projects Rood, Drainage, and Perking Lot Improvements December 28, 2004 Resolution No. 2004-60 sets the 2005-2006 Capital Improvement Project Pdodty List for Requesting State of Alaska Legislative Appropriations. Item 2 is listed as Road, Drainage, and Parking Lot Improvements at $4,500,000. Attached is a list suggesting how this money could be used. · Each road's total cost is a very rough estimate and is based on a unit cost for the condition of the mad. · The first roads on the list am the ones where the adjacent property owners have submitted a request for a LID. The McCollum and Aliak improvement request was submitted when an older resolution called for the property owners to pay only 25%. The new resolution has the property owners paying 50%. I left the government (city or state) paying for 75% but council may want to make everyone equal at 50%. · After the LID mquestecl roads, I have listed the other roads in those areas to complete paving the entire ama. The roads listed under McCollurn/Aliak ama would complete the paving in this ama north of the Spur. The roads listed under the Beaver Loop Ama would complete the paving of all the roads off Beaver Loop, except N. Ames, which the Kenaitze Indian Tdbe is going to pave. Paving the remaining gravel roads in VIP would be a gmat help to Public Works since we have to ddve a grader a gmat distance for maintenance to this ama on the south side of the Kenai River in the summer. · Thompson Park Subdivision was listed next because of numerous requests for an LID for this area. While documents have been requested for an LID, no petition has been turned in. · The remainder of the roads south of Thompson Park, on the west side of the Spur, were added next to the list. · All of the roads listed already have water and sewer main lines in the right of way or it would not be practical to have them installed for a long time, if ever. The construction costs would be very high and the property owners have good on-site water and sewer facilities. · Improvements to areas with drainage problems were added to the list. · Improvements to city parking lots include areas that need complete asphalt removal and replacement with drainage improvements as well as simple asphalt repairs and seal coats. This attached list is a suggestion that can easily be changed. I tried to complete whole areas because the construction costs are normally lower if the roads are in the same area and the contractor does not have to move equipment and workers around. The city's maintenance costs would be lower if we could eliminate areas requiring summer work. The more roads that we pave, the less grading we have to do in the summer. There is no dust control needed for paved roads. This makes it easier on and extends the life of our equipment. Paved roads require less labor in the summer and thus free up workers for other projects. Funding for these Road, Drainage, and Parking Lot Improvements could be: · State of Alaska Direct Legislative Grants · A City Bond into an designated fund · City Revolving Fund from existing and future appropriated money. This fund could also receive the money from the property owners who are paying their LID's. · A combination of the above and other revenue. These are only suggestions submitted for discussion. Them are also many more gravel roads that can be considered for new asphalt and existing paved roads that need improvements. CITY OF KENAI CAPITAL ROADS, IMPROVEMENTS PARKING LOTS, 2005-2006 AND DRAI~GE ROAD NAME LOCATION = LENGTH UNIT t TOTAL GOV. ACCUM, FROM ! LF COST COST I COST TOTAL McCollum I Aliak LID ! 75% McCollum Dr. Spur I Terminus I 1,600 125 200,000 150,000 Aliak McCollum Dr. !Spur i 1,120 125 140,000 105,000 255,000 South Ames UD I 50% iS. Ames Beaver Loop Terminus 2,960 125 370,000 185,000 440,000 Set Net Drive LID 50% Set Net Dr. IWatergate VIP Dr. 1,700 150 255,000 127,500 567,500 McCollum/Aliak Area 50% Princess St. Spur Terminus 2,080 125 260,000 130,000 697,500 Magic Ave. Princess McCollum 2,720 125 340,000 170,000t 867,500 Cinderella Spur i Terminus t 1,680 125! 210,000 105,000! 972,500 Japonski .Aliak !TerminusI' 720 125i 90,000t 45,000 1,017,500 N. Linwood i Spur ~Terminus I 120' 125i 15,000' 7,500 1,025,000 Fox ~Linwood Terminus~ 720 125 90,000 45,000 1,070,000 Hutto Magic Terminus 400 125 50,000 25,000 1,095,000 Beaver Loop Area 50% Aleen Way Beaver Loop Terminus 900 150 135,000 67,500 1,162,500 JuluisonSt. Beaver Loop Terminus 960 125 120,000 60,000 1,222,500~ Basin View Dr. S. Ames Dolchok 480 125 60,000 30,000 1,252,5001 Angler Dr. Beaver Loop Terminus 5,600 125 700,000~ 350,000 1,602,500l Bambara Dr. Beaver Loop Terminus 1,840~ 150! 276,000! 138,000 1,740,5001 Boat Launch Rd. Bddge Access Terminus 2,640i 150 396,000! 198,000 1,938,500 VIP Subdivision 50% Baleen Ave. Pirate Terminus 3,520! 150 528,0001 264,000 2,202,500 !Sand Dollar.. VIP Dr. Terminus 1,6001 150 240,000 120,000 2,322,500 Salmon Run Dr. VIP Dr. Terminus 1,520 150 228,000 114,000 2,436,500 i Salmon Ct. Salmon Run Terminus 320 150 48,000 24,000 2,460,500 VIP Dr. North of Lorn 640 150 96,000 48,000 2,508,500 Watergate North of Lorn 400 150 60,000 ~' 30,000 2,538,500 Watergate East of Ketch 200 150 30,000 15,000 2,553,500 i Clipper Circle Watergate Terminus 320 150 48,000 24,000 2,577,500 Windjamer Pirate Terminus 400 150 60,000 30,000 2,607,500 BowpickerLn. Terminus Terminus 1,680 150 252,000 126,000~ 2,733,500 Seine Ct. Seine Ct. Terminus 1,600 150 240,000 120,000 2,853,500 Old Cannery Rd. Cannery Rd. Royal 700 150 105,000 52,500; 2,906,000 'Roya. I St. Old Cannery Rd. Drag Net 600 190 114,000 57,000 2,963'000 Drag Net Royal Terminus 720 190 136,800 68,400 3,031,400! _ Prepared by Keith Komelis 12/28/2004 Page I CAPITAL ROADS, CITY OF KENAI ' IMPROVEMENTS PARKING LOTS, ~,~,~'-',~0 DRAINAGE I , 50% Thom_~_~_~_~on Park Subdivision , ~ Togiak Dogwood Lupine .Primrose S__pur S__pur S__pur Iowa 1,520 720 Fern Fern 1,440 Fireweed Iowa 1,360 Fireweed Fern 720: Forget-me-not Wildrose =ireweeed Ln__~~_ Fern Nevada Iowa St. Eisenhower Thompson PI. Robin Dr. Sandpiper S. Strawberry Rd. Kenaitze Ct. Chinook Ct. -~evada Eisenhower Togiak ~ To-~iak I Lupine T___~iaK ~ Wildrose To_.__giak Wildmse Iowa ildmse S__pur Terminus S__pur Terminus Ea____gle Rock Terminus S__pur Kenaitze Ct. Terminus Terminus S. Silver Salmon Terminus 880 1,600 1,280 1,200 1,280 1,040 320 720 720 480 880 320 Drainage Inlet Woods Lake Street ~hoe Northgate Toyon ________ City Parking Lots Library Public Safety Hall Senior Center Rec Center 190,000 1251 90,000 180,000 170,000! 90,000 110,000 95,000 3,126,400 45,000 3,171,400 90,000 3,261,400 85,000 3,346,400 45,000! 3,391,400 55,000 3,446,4~! 200,000 100,000 3,546,400 160,000 80,000 3,626,400 150,000 75,000 3,701,400 160,000 80,000 3,781,400 130,000! 65,000 3,846,~ 40,000 20,000 3,866,~ 90,000 45,000 3,911,400 90,000 45,000 3,956,400 60,000~ 110,000 48,000 30,000 3,986,400 55,000 4,041,400 24,000 4,065,400' 100% 204,600 4,270,000 40,000 4,310,000 20,000 4,330,000 15,000 4,345,000! 15,000 4,360,000 100% 50,000 4,410,000 50,000 4,460,000 10,000 4,470,000 15,000: 4,485,0001 15,000 4,500,0001 Prepared by Keith Komelis 12/2812004 Page 2 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS December 8, 2004- 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ® *APPROVAL OF MINUTES' a. *November 10, 2004 3. SCHEDULED PUBLIC COMMENT' ® CONSIDERATION OF PLATS: a. PZ04-50- Preliminary Plat- Alaska State Land Survey No. 2004-25. Submitted by Whitford Surveying, P.O. Box 4032, Soldoma, Alaska. ® PUBLIC HEARINGS: a. PZ04-49 - Conditional Use Permit for a Recreational Vehicle Park for the property known as KN T05N R11W S 17 South 460 FT of the S1/2 SE1/4 SW1/4 lying North of the Northerly right-of-way of Kalifonsky Beach Road (725 Baleen Avenue), Kenai, Alaska. Application submitted by Blue Sky Pilots Trust, Mae H. Brower, Managing Director, P.O. Box 9478, Spokane, Washington. 6. OLD BUSINESS' 7. NEW BUSINESS: a. State of Alaska, Department of Natural Resources, Division of Mining, Land & Water Spring 2005 State Land Disposal- Discussion 8. PENDING ITEMS: ® CODE ENFORCEMENT: a. Pending Code Violations Report 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zomng Bulletin (11/10/04 & 11/25/04) b. Commission/Committee Term Reappointment Letters - Commissioner Barrett and Commissioner Hammelman c. Planning & Zoning Commission Calendar for 2005 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOURNMENT' CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 8, 2004- 7:00 P.M. CHAIRMAN CARL GLICK, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Glick called the meeting to order at 7'00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Roper and confirmed as follows: Commissioners Present' N. Amen, J. Barrett, C. Glick, P. Bryson, J. Twa_it, J. Hammelman, B. Eldridge Others Present: Council Member Ross, City Planner Kebschull, Building Official Springer, Department Assistant Carver, Contract Secretary Roper A quorum was present. Agenda Approval MOTION: Commissioner Amen MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Hammelman SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda as presented and requested UNA/ilMOU$ CONSENT. Commissioner Eldridge SECORDED the motion. There were no objections. $O ORDERED. ITEM 2: APPROVAL OF MINUT~ -- November 10, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS PZ04-50- Preliminary Plat- Alaska State Land Survey No. 2004-25. Submitted by Whifford Surveying, P.O. Box 4032, Soldotna, Alaska. MOTION: Commissioner Eldridge MOVED to adopt PZ04-50 and Commissioner Barrett SECONDED the motion. Kebschull advised there was nothing additional and noted staff recommended approval. VOTE: There were no objections. SO ORDERED. ITEM 5: PUBLIC HEARINGS PZ04-49 - Conditional Use Permit for a Recreational Vehicle Park for the property known as KN T05N R1 lW S 17 South 460 FT of the S 1/2 SE 1/4 SW1/4 lying North of the Northerly right-of-way of Kalifomsky Beach Road (725 Baleen Avenue), Kenai, Alaska. Application submitted by Blue Sky Pilots Trust, Mae H. Brower, Managing Director, P.O. Box 9478, Spokane, Washington. MOTION: Commissioner Bryson, for the purpose of discussion, MOVED for approval of PZ04-49. Commissioner Amen SECONDED the motion. Staff had nothing additional. Chairman Glick opened the public hearing at 7:05 p.m. and explained the rules. Verbatim begins. Joe Ray Skrha, 2455 Watergate Way, Kena/, Alaska- Good evening Mr. Chairman, fellow ah... Zoning members. I want you to look out please and see these people over here that's standing out here, back as far as the eye can see. These are our neighbors. This is the area of land that we're talking about here. These people have raised their kids there. In 19... in 1986 I met a guy by the name of George Miller, old native guy that most of you may know and he told me he said, ~I have to leave right now, I'm going to die, but I would like to leave my house to someone here that I know is going to keep it and value it as a sacred and he had a bunch of people who offered him more money than I did and he knew my wife and I and he offered it to us and gave it to us. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 2 In fact he even carried the mortgage and when he had a chance to... he was going to surgery and he had a chance to go out and sell his mortgage to take it at a reduced rate he came to me and offered me the same price that the.., commercial guys would give him. Why? Because he knew that that area there was special. That area there he said was a sacred area that no man should devile. These people that live out in that area are like that. I lived in this area when there was just a few houses around. Gentlemen sitting behind me, A1 and Marion are my neighbors; and on the other side, and he still is, is very few people down.., the area. Some of us have even purchased extra lots; not because we're gonna hold them for increased value but we're holding them because the area the quality of this land. You represent these.., these people that contain something I consider the shimmering jewel of Kenai. You know this is a special area over there where quality people area and when people heard that this area was going to be deviled by high, intensive zoning with motor homes there, hundreds of motor homes in an area no more than 10-acres in size for ah... about a third of the year, we became very upset and concerned. Each one of them have different reasons why, I won't be... be... be... ah, long with this but.., some of us have children that were raised to play on those streets. This sum~er alone with the new t3ing's ah... or new Landing coming in over there we had four different altercations with motor homes looking for ways to try to get through on Watergate when there is no road that goes through there. They were looking for a shotcut. I... submit to you Mr. Chairman that if this trailer area goes... I mean this motor home area goes in we're going to see many more altercations like that; this area is going to lose it's unique character. It's children on this area are going to be... which have been raised in this area; my daughter is 18 now; she's going to college .... AMEN' 15 seconds. SKRA: Thank you.., she don't want me to sell the house because she wants to move back and raise her children there. Keep this area special folks. Deny this permit. Thank you. GLICK: Thank you, alright, next? Yes Sir. Rick Alexa, uder, 2655 Watergate Way, Kenai, Alaska -- Mr. Chairman... GLICK: Sign you name and... ALEXANDER: I'm ah, Rick Alexander and I live on ah... Watergagte Way... GLICK: Okay. ALE~NDER: Ah... I'm going to approach this little bit different, I'm gonna approach it as I'm a camper and ah... I'm bringing in a motor home... I'm bringing everything I have for my house from wherever I'm from, I'm gonna have a lot of fun. I'm gonna bring a 4-wheeler and all my kids and they're gonna trash and have a lot of fun in VIP PLANNING & ZONING COMMISSION ME~ING DECEMBER 8, 2004 PAGE 3 and Watergate. There's gonna be a lot of drinking going on, lot of noise, all night long cause the suns shining. Ah, and I forgot my firewood so I'm gonna go to the neighbors and start cutting wood down. Ah... 4 a.m. I'm gonna find the easiest access to the Kenai River to go dip netting and I live fight on the bluff so... as a camper I'm gonna cut through somebody's yard cause they're asleep and the erosion rate is gonna increase (inaudible) It's taken me as a owner three years to clean up the erosion from people going over my property already when I wasn't living there.., all right (laughter) Anyway, that's about all I have to say is... is... is I agree with the gentleman that just spoke, let's keep this neighborhood nice, it's a beautiful area and ah... my son, which is 19, doesn't want me to sell because he wants to move back here .... For the same reason. Thanks. GLICK: Okay, thank you. Lady .standing back little... Karen Koester, 845 Set Net Drive, Kenai, Alaska- I do have a prepared speech and it's about five minutes long so... I~ try to hurry... GLICK: Okay. KOESTER: ...myself through this. My name is Karen Koester and I live at 845 Set Net Drive in ah... VIP Subdivision. I would like to counter the City of Kenai's analysis regarding the proposed RV park within the residentially zoned VIP Subdivision by permit criteria. Number 1' The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. To paraphrase the rural residential definition in Chapter 14.20.080, the definition and intent of rural residential zoning is to provide for low density, residential development and to create a stable, attractive residential environment by preserving the rural, open quality and preventing hazards in areas not served by water and sewer. Finally, zoning is intended to prohibit uses which would violate the character and the environment and produce heavy traffic in predominately residential areas. Trying to hide a 160 site RV park with a tree buffer does not mean it will now fit in our residential neighborhood as suggested. Rather, it is contrary to the cities definition, intent and purpose of having zoning plans and the citizens of Kenai have an expectation that the intent of the comprehensive plan and zoning be adhered to. Also, my information regarding a K-Beach access is that if alternate access is available, DOT is very reluctant to grant access onto State roads. Number 2: The value of the adjoining property and neighborhood .will not be sig~_ificantly impaired. According to the Kenai Peninsula Borough Assessor, until the market reacts there is no change in values. In other words, he has no idea. As homeowners we fear a negative financial impact and don't want the cities experiment PLANNING & ZONING COMMISSION MEETING - DECEMBER 8, 2004 PAGE 4 placed on our backs. Number 3' The proposed use is in harmony with the comprehensive plan. The city suggests that compatible restitutions that could be considered might include an RV park. RV parks are different than other restitutions in that they generally consist of transient visitors with no real vested interest in the infrastructure and/or character of our commumty. On page 37 of the recently adopted comprehensive plan, under Framework for the Future, neighborhood concerns with commercial development near residential areas as conditional uses or through rezones is discussed. It states that one of the goals of zoning is to achieve stable, livable residential neighborhoods by separating them from incompatible uses. Rezoning is not recommended, whereas adhering to the established zoning plan is. Number 4: Public services and facilities are adequate to serve the proposed use. Our section of K-Beach is narrow with many dips and potholes. Road maintenance is not coordinated between the three governmental agencies impacted by this proposal. Based on my own work experience, a very common complaint is that people ignore signs and enforcement is a very low priority. I can assure you... AMEN: 15 seconds. KOESTER: ...that no amount of signage will discourage someone intent on finding fish. And for the record, the proposer is correct when he stated that the shortest route to Cannery Road from VIP Subdivision is Set Net Drive, saving nearly 1 mile of driving. AMEN: It's time... GLICK: I told her she could have 5-minutes. AMEN' Oh, thank you. KOESTER: ...Which kind of sounds like 150 RV's and/or ATV's coming down our residential roads. Three port-a-potties and three dumpsters area simply not sufficient to deal with the proposed 160 sites save an average 2.5 person site that could house upwards of 400 plus visitors. First the 10 acres will be cleared, then in Phase 3, which is five years later, DEC will be approached on septic and well needs with no guarantees of approval. Between Phase 1 and 3, owners could find this park not fiscally productive, like other RV parks before them, making the financial value of this cleared property and the property around it questionable at best. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 5 Number 5: The proposed use will not be harmful to the public safety, health or welfare. The cities police and fire departments both have concerns with this proposed land use. The police expressed concern over crimes such as thefts, alcohol abuse, increased traffic, trespassing, littering, bears, all based on past experience I appreciate the proposed RV park rules, but people do break rules. The RV proposers are not law enforcement officers so we will be dependent upon local police who are generally not patrolling in our area due to its more rural location and historic lack of problems. The fire department expressed concern that we are not on city water and sewer and they quest/oned whether private systems for this use may affect the adjacent properties onsite systems. DEC requires one acre lots for septi.., septics and wells and if our current onsite systems are adversely affected, residents wonder who will be responsible for replacing what's been sufficient for many years. The fire department also expressed traffic concerns, questioned the adequacy of our roads and noted that any future development may.., development may require meeting additional fire codes. To clarify, I have no problem with tourists but I do have an opinion on where it is appropriate to park their RV's. Our city zoned K-Beach... our city zoned side of K- Beach Road is residential, while the outlying unzoned property lands host mostly residential and a few commercial buildings. They don't impact our neighborhood because they don't live within our neighborhood. Based on the cities own comprehensive plan, the intent of zoning, the local fire and police concerns, and the broad-based neighborhood opposition to this proposed conditional use permit, we residents have an expectation of the city to adhere to your own policies, listen to your own agencies and residents, and deny this conditional use permit. GLICK: Okay. APPLAUSE. GLICK: I believe that is different that the letter you submitted is that correct? KOESTER: Yes it is. GLICK: Could we have a copy of that please? KOESTER: Yes. KEBSCHULL: Mr. Chairman, people are not signing in, they need to be signing in. P_I, ANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 6 KOESTER: I did sign m. KEBSCHULL' Oh, did you? KOESTER: Yes. GLICK: Yes. KEBSHULL: Are the two behind you signed in? KO ESTER: I couldn't.., ah, yes. GLICK: Yes. KEBSCHULL: Okay. GLICK: They signed in before the meeting started. KEBSCHULL: Okay. ROPER: If there are some that have not, so if they haven't they need to. GLICK: Okay, you can just give it to ah... KOESTER: the Clerk? GLICK: Yeah. BARRETT: Mr. Chairman? GLICK: Yes. BARRETt: Um, I might suggest that ah, you take the list and maybe call people from the list ah... on the way down. GLICK: How many more names are on there? About 157 KOESTER: 'There's about ten. GLICK: Oh, okay. BRYSON: Mr. Chairman? I... I'd like to ah, remind ah, the people that ah, applauding is ah, not appropriate ah, this is a public hearing... GLICK: Okay. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 7 BRYSON: ...process. GLICK: Okay, (laughter) GLICK: (inaudible) Preston Williams? You still need to state your name for the record please, and address. Preston Williams, 2565 Watergate Way, Kenai, Alaska- I live on Watergate Way in one of the VIP -ah... Country. Park Estates and my issue here is... going to be brief. I used to work with the State as some people know, used to be an electrical inspector for the state. I have a lot of people come in and ask about the RV park and I told them the electrical wasn't really the issue and they should go see DEC, if they (inaudible) engineering requirements and the type of systems they have to have in and the commercial well and get your math done and then (inaudible) and RV park. And I talked with DEC and DEC says that engineering has to be done and they have to have ah, you know, the sewer system in before they will allow anybody to occupy. So unless someone told me differently, they're not telling me the truth, we can't use the State's land until you have the septic system in, that's what they told me anyway when I talked to them, that we DEC. And then secondly, you have an RV park in Kenai right now, very close to the dip netting and fisheries that you closed and that particular RV place has a public sewer system and public water and they closed down due to, I guess, lack of business, I don't know, some reason they closed, right in downtown Kenai there.., and I just know their issue, I mean unless there's a shortage of parks and down the street from where these people want to put the park in, these people might be frae people, I don't know them that well, there's another RV park that already is accommodating a partdng along that region that is out of the city and urn... any (inaudible) two people kinda interested in putting a... system together into the... committee here, you might want to talk with DEC a little bit more (inaudible) before you actually process this particular permit cause ff they have to meet their hurdles first or if they have to meet those hurdles, these folks may want to know what their price tag is and it could be extensive sewer system and that's all I have to say on the... GLICK: Okay, thank you Preston. Okay, next we have ah, Mr. Brookman. Gerald {Jerry} Brookman, 715 Muir Avenue, Kenai, Alaska -- Ah, my name is Gerald Brookman, also known as Jerry Brookman. I'm here representing ah, myself and my wife who is in the audience there. Ah, my wife and I purchased our property here in 1977 and have re... resided in our home butt on it since 1979. We plan to continue to live here for whatever years may be remaining to us. Ah, when we bought this property we knew that we could by a similar residential lots PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 8 nearby, just outside the city limits and pay considerably lower property taxes. We chose to live reside the city because of the fire and police protection, road maintenance, and zoning laws. We believed that these ordinances would ensure that the nature of the area would remain relatively quiet, low density, residential neighborhood. We recently learned of the application for a conditional use permit to build a 160 unit RV park within this subdivision. After reading this application we are astounded that they city would even consider permitting such a development within an area zoned rural residential. We believe that it is totally incompatible with the city's comprehensive plan and should be rejected outright. We are not opposed to RV parks, but we are opposed to any development that is incompatible with the nature of the area involved, as this one dearly would be. If the organization proposing to build this development wishes to locate within this general area, it should either find a tract presently zoned commercial or locate in an area outside the city where little or no zoning exists and where a lot of people are downright hostile to zoning. We would like to state also that we have read the analysis of this proposal by Megan Brook and agree witl~ it completely. If the Planning and Zoning Commission chooses to approve this application, you may as well just throw away the City's zoning ordinances as it will be clear that they mean nothing. GLICK: Okay, thank you. Ah, I can't quite read the name, Jones, I believe it is... Charlie Jones, 2730 Set Net Court, Kenai, Alaska -- Hi, I'm Charlie Jones, live on ah, 2737 Set Net Court ah in the neighborhood there. Ah, you know, you.., you're gonna hear basically just a few arguments one is which is going to be property values, which obviously I think is a valid argument. You know I don't see that as a sales ad that it's going to be popular for me to list my house as next to the RV park. Two is ah, safety and ah... you know any time you bring a commercial grade vehicles in... ah, not commercial grade drivers into a neighborhood intentionally, you know there's going to be issues whether it's traffic, whether it's kids, or it's dogs, whatever. But for me it's the.., the basically, you know, I moved into the neighborhood, purchased a house there several years ago, decided to upgrade my home to a larger home because my family upgraded.., and chose.., chose to stay inside the neighborhood because it's a neighborhood. I want to live in a neighborhood, not in a commercial zoned so my biggest issue is not a ah... even just the rules, but just the basic heart string tied you know... I moved into a neighborhood where there homes established on one-acre lots and I'd like it to stay a neighborhood and that's ah, basically what I'm asking you guys to consider. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 9 GLICK: Okay, thank you. I'm sorry but the next name I can't read. Ah, you remember who signed in after Mr. Jones? Okay, well go on down the line, ah, Lee Halstead. From the audience: I don't care to speak right now GLICK: Okay, Alan VanHom? From the audience' I don't care to speak. GLICK: Okay, ah, From the audience' That's me, ah, Buck Braun. GLICK: Buck Braun? Brick Branxx, 2795 Watergate Way, Kenai, Alaska, ah, okay... I'm an old man.., ah, creeping around. I brought over there ah, where Jerry and ah... ah... Alan live and ah, the original idea was that we were in the city, protected by the laws of the city and especially the zoning so then my question ah... that's already been covered. What are these people going to do with their sewage from these motor homes. Ah, ff you have 160 motor homes in there and they're all self-contained, it's pretty easy to slip out at midnight, pull the gray water plug and be rid of the gray water and nobody saw you do it so... my big problem is what are we going to do with the sewage; even ff they have a system approved by all kinds of engineers up and down the street and my job, all my life is making things work that engineers engineered, so I'm... (laughter) BRAUN: ...questioning this sewage business. By the way, I graduated from the University of Alaska also so... but not with engineering. Now, back the sewage system, we have seen this in Fairbanks, Iowa, where I'm bom, in Massachusetts where I lived, we've seen it in ah, Florida, in Mississippi where the septic tanks contaminate the water system and I drink that water, I intend to dr/nk it for the rest of my life and so, this business of having some sewage system in there and we're setting on sand over there, we're not sitting on gravel.., the sewer systems that we have are good for about 10 years.., if you have a 4-plex, good luck, it's good for 2 or 3 years, 4- plexes are pumping and doing their sewers in our area every other year and you can see them do it; it happened last week on the comer. I'd like to see the laws even tougher. Ah, one sewer system for each lot, that's one acre, that's why we have that out there. I'd like to see it where you couldn't put any septic tanks within 4 miles of the Kenai River, that's my personal opinion. I want to drink that water and I don't want them putting their formaldehyde from their self-contained units or their gray water, raw, on the street. Thank you very much. GLICK: Okay, thank you. I think next is ah, McLoud... if I'm pronouncing it fight... PLANNING & ZONING COMMISSION MEETING DIgCEMBIgR 8, 2004 PAGE 10 Look like Mcload... ROPER: McLeod? GLICK: McLeod? Sorry? (inaudible) ROPER: Wfl~~? ?: he was here and he left. GLICK: Okay, we'll move on, ah, it looks like Sheryl Grover? Sheryl Groves, P.O. Box 1120, Keno. i, Alaska- My name is Sheryl Groves, I'm representing Robinson's Mini-Mall and ah, two other businesses that's on K-Beach. Ah, Asplund Supply and ah, Go-Go Juice Espresso. Urn, I haven't really got anything written out. I'm in s... s .... I support what these guys are trying to do. Urn, I think the place needs some.., economic growth, urn, I really wanted to speak after they had shown the plans to everyone, think there's a lot of misconception what's really gone on or going to be. Urn, I just wanna put my word in and these other two businesses that ah, I've talked to that I support what they're doing and... I need... GLICK: Ma'am, you're business is across the street from this but not directly across the is it? GROVES' Ah, pretty much directly across from.. GLICK: Almost directly, right? GROVES' here but... Right, yeah, the mini-mall there. And I probably stepped in a hornets nest (laughter) GROVES' ...yeah, but really this ah... GLICK: Well, we're all entitled to an opinion so... GROVES' Yeah, ELDRIDGE' She's on the commercial side of it so... GROVES' Alright, thank you. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 11 GLICK: Okay, thank you. Alright, that's all the names I had on this list so I~... names, ah, yours is probably one I couldn't read, sorry. So what was your name again Sir? Ji Stroer, Kenai, Alaska- Stroer... Jim Stroer, yeah, it's hard to read my writing. GLICK: Okay, STROER: I'm a building contractor, IYe been building in here in this area for 22 years and I've got a lot of people in here that I've built home for in that area. When they come to my home they ask me... in my office they ask me where's a place I can build where I can feel assured there's not going to be any commercial building going on, there's strictly going to be residential. IYe always recommended this area and I'm really, I can't even understand why you're even thinking about putting an RV park in this area. I built here for 22 years and I've always relied on that being a residential area; that's all I have to say. GLICK: Okay, thank you. Next. Man back there, in third row, yeah. Rockwell Smith - I wasn't going to testify tonight. GLICK: I need you to sign in there and ah... SMITH: Okay. GLICK: ... then state your name and address for the record. SMITH' My name is Rockwell Smith, 335 Main Street Loop. GLICK: COuld... could you print your name on there so we... SMITH: ... and I own a lot on the fiver in VIP and I haven't built there yet and I owned a lot and lived there for quite a few years, probably a dozen anyway. My son is just building a house in there right now and I too am kind of appalled that you people are even considering this. I'm a business man in the City of Kenai and been here for a long time, done a few projects and IYe always had to jump through a lot of hoops to do those and always have done them right and... I guess that's really all I got to say, I'd just like to see how you all vote, that's why I came tonight. Thanks. GLICK: Okay. Lady here in the front. Ktm Denesen - Good evening my name is Kim Denesen and I live at 825 Baleen Avenue, three houses down from where thi~ proposed RV park is going to be. I want to thank you for giving me the opportunity to speak and for taking the time to read the letter I sent to the Commission you earlier this week. Urn, as my fellow neighb... PLANNING & ZONING COMMISSION MEETING - DECEMBER 8, 2004 PAGE 12 neighbors has said the planned RV park does not fit with either the rural residential zoning of the area or the comprehensive plan. According to the regulations adopted by the city this means the intent of the zone is to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent is to separate residential structures to preserve the rural, open quality of the environment and prevent health hazards in areas not served by public water and sewer and to prohibit uses, which would violate the residential character of the environment and produce heavy traffic predominantly in residential areas. I purchased my home here because I wanted to live in an area that was zoned residential so I could live in an area like the one described above and not have to worry about things like an RV park moving into the area. I was not aware that someone could apply for a conditional use permit and change the neighborhood so quickly. I do not believe that a 160 pad RV park will contribute to a stable and attractive residential environment of this area. One of my biggest concerns in the increased traffic in the area. When you have RV's trying to enter K-Beach Road where traffic is going 55 miles per hour the RV's will back up traffic on Pirate and VIP while they are waiting for an opening. My understanding is that the State had told them the couldn't enter off of Baleen so they're going to have to go into the residential area to enter and exit this park. There is also the potential for more accidents. Also those large, very expensive RV's are often bigger than school buses without the safety equipment which make children playing or riding bikes difficult to be seen and more likely to cause an accident. While Mr. Jayne does not believe there are houses where the RV's will be driven in this area he is mistaken. There are homes directly across the street on Baleen, VIP and Pirate, some even have children living in them. In addition, the map they will be handing out to people to show them how to go down Set Net to. Cannery Road to go fishing in lined with homes. I do not have a problem with the traffic we normally get in this area and even during the red run but I do have a problem of adding 160 additional RV's all headed out at the same time. In addition, some of these streets are not paved or oiled so the dust will be temble in the summertime. K-Beach is also well known for all the potholes it has in the summer, the road crews have a tough time keeping up with filhng them in with the current traffic load. My other major concern is their plan or lack of plan for phase three. The application I saw did not mention whether the company has had an assessment of the area done or whether DEC has evaluated the area to dete _l-m__ine if that parcel of land could support a well and drain field for that many units. When will his we done? After they have cut all the trees? What happens if the land cannot support the proposed use? Since I live three lots down from this proposed site I am very concerned about having usable water and having the water table contaminated by things that may be dumped on this property. In the meantime, it is difficult to imagine how three dumpsters and outhouse areas can service an area this large. What kind of follow-up wE there be if people don't use the dumpsters or choose to leave their trash... PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 13 GLICK: Are you about finished ma'am, you're three minutes is... DENESEN: Pardon? GLICK: Are you about finished, your three minutes are... DENESEN: Yes.. or who will enforce the no cleaning of the fish at their campsite? Will the dumpsters be bear-proof? In one.., excuse me... In conclusion, please listen to the concerns of the police department and fire department, they are professionals. Please abide by the rules and guidelines the City of Kenai already has in place for planning and zoning within the city limits. Please follow the comprehensive plan that was just put in place in 2003. Please vote no for approving Blue Sky. Pilots Trust conditional use permit. Thank you for your time and consideration. (applaud) GLICK: Thank you. Ma'am, could I have a copy of your written statement. DENESEN: My original letter you should have in your packet, you (inaudible) GLICK: Is it the same as that one? DENESEN: time. No, it's different than that one... I short... I tried to shorten it to limit my GLICK: Okay. ROPER: If you wouldn't mind, we'd still like to get a copy of it for the record since you did read it. DENESEN: problem? Okay, there's parts in here I didn't read though, that going to be a ROPER: No, we~l keep that out. GLICK: Okay, next person. Yes, the lady in the red there. Megan Smith.- Um, my name is Megan Smith. I submitted a written testimony earlier. I'm just going to summarize my letter. I believe that the RV park is going against the municipal code laid out the low density, stable, attractive residential environment and the prohibition of um... uses that might interrupt residential character and generate heavy traffic. Condition use permits are purposely difficult to obtain and the review criteria is strict to prevent these things from happening. To prevent commercial units to come in. There are some conditions that would allow PLANNING & ZONING COMMISSION MEETING _ DECEMBER 8, 2004 PAGE 14 these to come in but the.., these are not the conditions. These strict guidelines protect us as citizens from big money and big business coming in and determining what is going to go into our residential neighborhoods. Um, I feel that this RV park is not consistent with any of the criteria listed. Um, in the conditional use permit, urn.., it is not consistent with the intent purpose of rural residential zone. It will lower the value of adjoining property. Um it is not in accordance with the comprehensive plan which would be to promote the site and design of land uses that are in harmony and scale with surrounding uses. This is neither in harmony nor in scale with surrounding uses are primarily single family units on large lots and this would be 160 spaces on 10- acres so this is... and public services and facilities are not adequate to service this. There's suggest/on of three (inaudible) port-a-potties and three dumpsters and they lack the ability to support the waste of 160... um, recreational vehicles and I feel that this will be harmful to public safety, health and welfare because our residences are not designed to handle this kind of commercial development. Urn, commercial road systems around commercial developments typically have turn lanes and multiple lane streets and stoplights and this helps control the flow of traffic. We have none of these in place in um, the VIP Subdivision. Ah, local intersections are going to be under increased swam. Access points to K-Beach are going to be backed up and the current.., it's just the current road system was designed for local residential traffic only and I feel that Blue Sky Pilots Trust has failed to be in accordance with all the criteria set forth by the conditional use permit and we as VIP residents we enjoy the protection of city zoning ordinances and we also enjoy the rural quality of our lives and I feel that this would impact negatively, the rural quality of our neighborhood and I feel that this Trust is not concerned with the neighborhood quality and character as we are, they wi... are implementing this in the summer as was stated by their trustee. He comes up here, he's come up here 12 years in a couple months in July and we're not concerned with a couple months in July; we are residents are concerned with year around quality and... AMEN: 10 seconds. SMITH: ...year around character and I feel that um, we have an expectation to be protected from this development and we expect that the City will preserve our rights as citizens and preserve the safe, scenic and quiet character of our neighborhood. (applaud) GLICK: Okay, yes sir. Todd Smith - My name is Todd Smith, that was my wife (inaudible). Um, I didn't really plan to talk here. I...IYe actually read a letter that Ken wrote to Karen, urn, and she e-mailed it to everybody else and I would actually like to just use his words. When I first heard this park was going in, I mean the first thing I thought was... I laughed about it, I thought there's absolutely no way he's going to get this passed and urn, some of you guys might say the same thing about what he says here but.., if this is PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 15 going to pass I would... I don't know (chuckle) says ah, he states here that t~lue Sky Pilot's Trust primary.., primary focus is mobile home development parks, which isn't RV parks, that's.., that's Wailer park. He said, ~while serving areas needs I found permanent affordable housing is every bit as viable as an RV park. An RV park would be shut down most of 9 months of the year and a greater need exists for 12 month housing. This would be far more profitable over time than a few weeks used by seasonal RV'ers. Our experience has been permanent mobile home parks providing affordable housing (inaudible) for several state and federal loan grant options, making this preferable if need be to the RV park concept. I think um, if you read the.., the whole letter, I mean, his intentions are pretty obvious, he wants to do whatever makes the most money for him and he did the math for us, ah, a trailer park would make him more money and I don't know where you all live but I don.., wouldn't think that as residents of Kenai you'd be any more interested than I am to having another trailer park in town. I think (inaudible)parks but I'm in the process of building a house in that neighborhood and if there's a trailer park there I would of went else where and I will go elsewhere. Thank you. GLICK: Okay, thank you. Gentlemen in the front here. Mark Hall- I'm Mark Hall. I was approached by this gentlemen to clear these trees. Economic development in our community... GLICK: I still need you to sign in there though Sir. HALL: Okay, and I just ah... was told that it was going to be an RV place and I look at somebody driving in with a 80,000 dollar motor home and a 40,000 RV behind it is not riff-raff that's going to steal you peoples things. It's out on a highway. Who wants to live on the highway. They asked me to put buffer zones, they're talking about putting fences in from the neighbors, nothing is going to come in off of the street, it's going to go in there, turn around and come back out. It's decorated the way theY're taltdng about, it's going to be decorated up, ah, because it's special hand clearing the trees. Ah, across... HAMMELMAN' Ah, Sir, excuse me, could you address the Planning Commission and not the audience. This isn't a debate, this is a public hearing for public testimony, please direct you comments to the.., excuse me Mr. Chairman... GLICK: Yeah, well... HALL: Well IYe been in 25-foot seas and up 100-foot power poles and everything else, I'm not real ah, familiar with the formality, I'm sorry. GLICK: Okay. HALL: But it's about being real if you ask me and I think we need something in our PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 16 community and I don't see what these people are hurtm' fight straight across the street is ah, ah place to serve this RV park, Robinson's so it's going to feed them. There's a garage there that's going to have to work on these motor... $80,000 motor homes, it's on the riverside, ah, there, ah... there's just, you know there's a park it's there, I've known some kids that's there that wasn't working, they could be working cutting these trees instead of stealing stuff in that neighborhood... (laughter) HALL: ...you know and.., we need economic development in this community, I'm sick of the negatives, no, no, no, don't, don't, don't, we can't, we can't, I want to see some positive. I want to see some offense, aggressive offense to doing something in our community. You know I'm going to build a (inaudible) in Pt. Possession, we're gonna build a deep sea port on, on, ah, Fire Island, and then we're going to give Anchorage more room to grow and McKenzie needs some ah, farms out there to grow huge cabbage like this and we got the best oats in the world and the best barley but lets do something. What's with all this negative; ~I bet I can cut you", (chuckle) you know, Why? You know, I mean, why? That's just, you know, ah, that's not brotherly love, Christianly love to step up there and, you know, doing something better than nothing. There is ah, a dock around the comer there that.., that old boy from Homer come up here and build up so :there's loads of people that's going to go there, how about if they stay in this motor home park? I hear nothing about a better court, we got trailer courts that are closing down, you know, all though, keep going with those taxation without anything, our kids are going to have to move in to a trailer court, you know because we're all ready ah... AMEN: 10 seconds. HALL: I (inaudible) job fight there and I can't find one... GLICK: You have about 10 more seconds Sir. HALL' Yeah, thank god I'm Travis Hall's Dad huh... GLICK: Yes. Linda Williams - My name is Linda Williams, I live on Watergate Way and I haven't planned to talk either but I don't think there's anybody, I'm spealdng for myself but I'm assuming, anyone in the room that's against Kenai developing, getting jobs for the community or anything. I think the main thing that I come into is, I lived out North where there wasn't any zoning by choice. I had lO-acre~ out there, I enjoyed it. I chose, my husband and I, this lot, it was in a zoned area, we looked at the covenants real close to see if we could abide by the covenants. We liked the idea that this was a residential area and was going to stay that way cause, I mean, we're the only section that is in the city limits of Kenai over there. I'm the kind of... I'm very disappointed PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 17 that this is even come up and is causing some hard feelings because all the way around the subdivision of VIP is Borough land. It's either commercial or not zoned at all and to pick this one section that could have some apartments or something to it, it's still low.., impact comparatively; it still family residential type things and to pick one area of a subdivision that's within the zoning thing that we chose to move into because of that, and to think you're going to throw it away and not listen to the people that live there. The first year I can see a big impact if you just have this gravel parking lot with no electric or anything because we happen to have a motor home and if you don't have power you got to run your generator, you have a 160 people' say there's only 80 of them running generators at the same time, to who knows when because like you say it is summertime, they're going to be up longer, they're up later, there's activities to do, you're going to have a lot of impact of generators running as well as all the other problems that xvere previously brought up. So, I'd really appreciate if the zoning was upheld and keep it more of a rural residential; some type of commercial business because it's on K-Beach, apartments or things like that but not such a big impact one when all the way around us it's completely opened to that and the.., the gentleman mentioned before they're closing mobile parks down, those would make great RV parks and they already got spaces. Thank you. (applaud) GLICK: Okay, ('inaudible) next to wall. Leslei Spalding -- Hi, my name is Leslei Spalding and 1 live in this little comer fight here which is going to be really impacted by having ah, RV park put in there and um, I want to say that my well is only 30-feet deep and I know the motor homes in that area will be dumping their water and I know they will be out partying when I have my windows opened all mght long and I know there will be fires and drinking and people driving in and out with my children... I have two children ages 9 and 11 that ride up and down the street on their bikes and on the dirt and.., they're playing out there ball and in our yard and kids all get together out there from the whole neighborhood come over, my lc/ds go over there so everybody's always on the trails or on the highway, they're going to be driving right out, half a block from my home, heading towards the beach or heading out, it's going to be horrendous traffic jams, urn, Baleen is not kept great at well already, if they come out on Baleen it's going to be a disaster and I actually brought up the.., the dust, it's going to be horrendous in that area and the potholes on K-Beach that are like every time it rains and they come throw some more tar in there and patch it up... (END OFTAPE #1, SIDE 1) SPALDING: ... RV, big heavy ones. I wonder every year when they're going to fix that road and they're not doing anything about that, not your problem but some body's problem but that's going to be re... those.., that road is really narrow, K-Beach, right there in front of Robinson's in the area, it's really narrow, you're going to see a huge PLANNING & ZONING COMMISSION MEETING _ DECEMBER 8, 2004 PAGE 18 increase and a deterioration of the highway, safety of the kilds.., kids in that area, and I came up from Texas 20-years ago, I don't know ff any of youYe got out to the mouth of the fiver to see what it's like after the tourist, just from Anchorage come down, and ah, outlying city, it's.., it's a disaster, it's filthy, it's unbelievable trash left. I know that's how it's going to be and that wind blows it all over it's going to homble out there; it's going to be... really nasty. I just hope that you don't approve this. GLICK: Okay, thank you. SPALDING' Thank you. GLICK: Ah, yes, the man there. Greg Beclrman -- Good evening, my name is Greg Beckman... GLICK: (inaudible) BECKMAN' (inaudible) know if they were going to speak, I may approach this from a different angle. I rent in VIP Subdivision. I moved here three years ago. My goal is to purchase a home and maybe buy a home in that same subdivision; with this going in it will no longer make it a community where I have neighbors and friends, it will now just turn it into people that just come and go just like North Forest and whatnot and tax base and everything else going up all the time you would lose revenue from people who now will sell their land for less value and then also mm around and you will not get that tax base so... from a neighborhood standpoint I would like to keep it a neighborhood so, thank you for your time. GLICK: Okay, thank you. The man out in the hallway there... Chris Gabriel - Mr. Chairman, members of the Commission, my name is Chris Gabriel IYe ah, Lived in VIP for 18 years. This is not in keeping with the subdivision, not in character with the subdivision and ah, the State hasn't granted any kind of a access from the highway, there's no contingency plan for that so, I'd ask you to consider that for starters and.., also consider the fact that there's a bunch of people, all my neighbors here that don't want this thing to happen and I know that you~l consider that but in case you overlook that, you should be prepared for.., the other alternatives that me and my neighbors might have to undertake to overturn this and that may-include litigation. I can't speak for them but I can speak for me, I am. prepared to litigate this. Thank you. Oh, one other thing, itel be a cold day in hell before Mark Hall cuts down a tree in my subdivision. (laughter, applaud) GLICK: Okay, (inaudible) Mr. Popp. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 19 Bill Popp- Mr. Chairman, members of the Planning Commission, thank you for hearing my testimony tomght, Ill do my best to be brief. I know you Ye heard quite a bit of testimony but I want to touch on a few things. GLICK: I still need your name and address... PO PP: Oh, I apologize for... GLICK: ...for the record POPP: Bill Popp, ah, 810 Set Net Drive in VIP Subdivision otherwise known as the neighborhood tonight and I think that's what I... what you're seeing here tonight, you're seeing the neighborhood, we have a very close knit group of about 150 residences in our neighborhood, we talk to each other, maybe not as frequently as we should but we do talk which is why you see the kind of turnout that you see here tonight. We have a very strong, deep desire to preserve the neighborhood that we have built over the last three decades in this subdivision. I built my... I built my home there in 1983. I've raised my two children there. I've built my home up even more than what I even more than what I started out with, I put a lot of love and care into that home and IYe also, I think, put a lot of love and care into the neighborhood. IYe done my best to work with my neighbors on a different issues, sometimes we agree, sometimes we don't. 'I think tonight you see a lot of agreement. In your packets you've see a signature ah, letter of protest with over 140 signatures on it, I'm going to add another addition to that of another 25 signatures at the end of testimony. These are all from people from the neighborhood, we didn't go to Soldotna, we didn't stand in front of the post office, this is the neighborhood. We provided you with a list of over on... over 120 residences, represented by these signatures to give you a sense of out of those 150 or so homes, just how strong our objection is to this change in character in our neighborhood. I want to touch on some of the parts of the code because I know it's important as keepers of the comprehensive plan and the intent of the City Planning, ah, City planning codes that your decisions are based on the code so I would like to touch on a couple of those issues. First of all, the RV park proposal is fundamentally flawed in it's lack of research and I say that from the lack of knowledge and research of the neighborhood history and values. We're several decades worth of development in our neighborhood that has been slow but steady and has built a character in our neighborhood that we have worked very hard to preserve and to maintain and just for the benefit of the folks who are the applicants and based on their communication to you, the two that we have seen, we need them to know that dip netting began in 1996, not back before our homes were built in the 80' and early 90's and even in the 70's, so dip netting is a recent advent in our neighborhood and we built our homes there without knowing that dip netting was coming and quite frankly we Wish it would go away based on a lot of noise and confusion that happens in our neighborhood. The lack of understanding of comprehensive plan and zoning code on page 37 of the.., of the plan, it says another issue of neighborhood concern is commercial development near residential areas as conditional uses um... or... or ah, through rezones PLANNING & ZONING COMMISSION MEETING - DECEMBER 8, 2004 PAGE 20 particularly along the Kenai Spur Highway. One of the goals of zoning is to achieve stable, livable, residential neighborhoods by separating them from incompatible uses. ~e believe this is an incompatible use. This is best achieved by zoning sufficiently suit.., ah, sufficient suitable located land for all expected uses and then adhering to the zoning plan. Our neighborhood is zoned rural residential. Section 14.22.45, Part of the Kenai Zoning Code describes some of the requirements for the issuance of an RV park conditional use permit that reads that adequate utilities projected for... projected or f... excuse me, projected for actual or projected uses shall be available. Those utilities shall be available not maybe, not hopefully if a permit is granted down the road. GLICK: Are you about done? You're... POPP: Ah, about a half a page. In fact I would ask a little indulgence from the Chair, ah, I'm trying to stick to the Code... GLICK: Okay, as long as you leave a copy here... POPP: Yes Sir, I would turn this m. Um, Section 12.20.080, Intent, the rural residential zone is intended to provide for low density residential development in outlying and rural areas in a form which creates, again, a stable and attractive residential environment. The specific intent in establishing this zone is, and then it goes on into Section 2 to prohibit uses which would violate the residential character of the environment, generate heavy traffic in predommately residential areas. The lo... this is where it ties all together, the location of this provosed.., proposed RV park places our neighborhood directly in the path of the RV park clients trying to access the river and the dip net fishery. Location is everything and this is a bad location. The shortest distance between two points is a straight line and the straight line in down VIP to Set Net to Cannery Road, down VIP to Sand Dollar to Cannery Road to get to the dip net fishery, down the Salmon Run to Cannery Road over the dirt trail for the 4- wheelers, which we already deal with on a regular basis, imagine what 160 RV's towing more 4-wheelers into this area from Alaska residents, I'm not even worried about out of state residents, from Alaska residents and the ~mpact that they will have on our neighborhood if this development is allowed to go forw~d. Our neighborhood is not advocating a NIMBY attitude, ~not in my backyard~, that is not the purpose of what you are seeing here tonight. If that were the case in our neighborhood you would have seen just as many of us here when you granted the conditional use permit for the Kenai Landings project, which is a tourism based project that has been well thought out, well researched, talked about in our neighborhood, carefully planned not to impact our residential streets and in fact to compliment our neighborhood, we love that development and we know that they are going to have RV development within that space, they have future plans to allow for RV's to be staged there, they already have 15 spaces but they have room for more, what that would be eventually well see, they~l come back to you for that conditional use permit but fight now we're not against that development, we weren't against it then and we won't be against it in the future, they PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 21 have been doing a great job of de... redeveloping what in effect was a losing property previously for the City. Finally we have not never opposed reasonable home occupations. This is not a matter of NIMBY, this is a matter of bad planning and a bad proposal and we object to this permit being granted. GLICK: Thank you. (applaud) GLICK: Anyone else? Deb Olsen- My name is Debby Olsen, I just moved here from Anchorage, Alaska and I ~ust want to say that.. GLICK: We need you to sign in there with your... OLSEN: Oh, I'm sorry... GLICK: .,.name... OLSEN' I just want to say that moving to the neighborhood of VIP, I live on (inaudible) I want to say that we moved out there for the.,, the safety issue of the children and instead of worrying about this RV park and developing an RV Park, why.., why not develop a bike path going out or some safety path going out to the new cannery that's.., the new subdivision going out to Land... Kenai Landing. You know we're womed about safety for our children and people need to look at the safety issue out here, ah, we... we just have.., enormous safety issues with now we have a new building and new.., new traffic patterns going out in the area and there's more safety issues to look at rather than what's going on here at the.., ah, ah, RV park. We have an RV park that's going to cause more dangerous situations for us; with safety for our children. We have people, strangers coming in that we don't even know. People coming into this area that are just parking their vehicles for a while to enjoy the scenery, enjoy everyttfing, we don't know what they're up to. Our children are walking the streets, we don't even have sidewalks for them, for our children. I can't even ride on my bike anymore down the street, down to the beach access which is provided for us, a beach access road provided for us... it... an... beach access with no road even to accesses to the road and now we have people coming in try to make a subdivision for a RV park? I... I just want to look at the safety of our children out in the area. We have more children out in VIP that we need to be more concerned about, we have strangcr~ coming in from who knows where and now I have to worry not only for the safety of the issues of my children riding bike, 4-wheel, whatever the c... that they're doing to going down to the beach to enjoy their safety, their well-being and then we have... people from who know~ where., we don't need people from out of the ordinary coming into our neighborhood where we feel unsafe about the.., our children. Akeady we don't even have sidewalks, we don't even have a safety.., area for us to ride bike, PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 22 myself and my four children can't even ride bike down the road now not even knowing whether or not the semis are going to come by and knock us out the road, we don't know these strangers coming by and more and more, strangers come moving m, so I don.. I... I just vote... I oppose to this for a safety issue.., amongst the children. We have to be really aware of that. So... GLICK: Okay. OLSEN: I think that's one issue we should look at besides money value of a land value, the safety of the child... GLICK: Okay, thank you. OLSEN' Um-hm. GLICK: Anyone else? Yes Sir. Chris Frochet ???? spelling- My name is Chris Frochet, I live on 2635 VIP Drive. My wife didn't want me to speak because she didn't want me to embarrass her {laughter) but you know I think the key word here is residential. I mean, we're all residents, you know. All of you are residents... I mean, do you want an RV park in your backyard because that's what you're trying to do. I mean, I can't even believe you all contemplate giving them the.,, you know the right to rezone this into commercial, I mean, you all are residents that live here, just like all of us. None of us want this in our backyard so... GLICK: Okay. All right, the lady in the red.., blouse there, you wanted to speak? All right, thank you Sir. Sharon Taylor -- My name is Sharon Taylor and I live on Windjammer Court, it's off of Pirate Lane and urn, Windjammer was one of the first streets put in VIP Subdivision and so IYe lived.., weYe owned our home since 1976. I've seen a lot of changes come in VIP in the last 20... 25, 30 years and some have been very good, most.., most very good. I've known in the last ah, 7 to 10 years there's been a lot of growth and new homes. It did affect our ho... our water when we started getting a... ah, abundance of homes. Our water level dropped and we had to pay.., our.., through our own pocket to fix that because we're on private well and... I can't speak for everybody in the subdivision but I have no problem against ah, corn_ ~unity growth, I do have a problem with.., the reason.., or the fact that our property taxes keep going up but our value of our home keeps getting dropped because ah, people for their own self-interest.,, not thinking of the properties around them, come in and.., and want to put an RV park in our a... a duplex in a residential.., right on... right on the main street on Pirate, urn, that does affect the property value of the homes around it for.., for blocks and the... the ah, security for our children is a big factor, IYe known.., seen what the growth just along K-Beach and in the summer with the canneries that close to VIP Subdivision PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 23 there has been burglaries, there has been ah, problems with that and we've coped with it as a community but I don't... I don't think we should add to that problem in ah.. in a residential area. Thank you. GLICK: Okay, thank you. Man back there by the wall. Alan Dowell- My name is Alan Dowell and I live at 2335 VIP Drive and I'm not up here because of the zone, I don.,. I could give a hoot less about that as long as it's not in my neighborhood. I moved up here quality of life in 98 from Dallas, Texas. Down there I was a member of several RV parks. I have an RV in my backyard. I drove it from Dallas up here. I have not been in one yet that has lived up to all the standards that are set down by the RV park. I was a member of one down at Lake Fort, Texas that is ah, one of the.., supposed to be one of the biggest and baddest down there and they couldn't enforce the rules and regulations to the members. The members just didn't care and they were from out of state, there some from up here that go down there. They didn't care, they didn't care about the gray water, they didn't care about the sewage, they didn't care about anything. They're down there for their length of t/me and away they go. Leave it for the people that are actually the members that have to take care of the place and this is... in all of them I Ye been a member of, Sun Eagle Bay, down on Lake Palestine, same thing, and they're a big outfit. I mean, it's... it's ridiculous to bring this in and let it wreck the quality of life for all these people that live in VIP Subdivision: and I guarantee you, that's what's going to happen if it goes through because who's going to regulate it? Who's going to govern it and who is going to enforce the rules? It's ain't gonna happen. I guarantee if this goes through you will be hearing from us again because we're not going to put up with what's gonna go on once this is in and I know for a fact there is nobody gonna enforce the rules of said zoning commissions or whatever, it ain't happening, it's .... it's already set up for failure. Thank you. (applaud) GLICK: Yes, lady out in the hall there. Susan Wells -- My name is Susan Wells and I live um, just outside of VIP in Beluga Estates. This would impact my property as well. Urn, people with.., just the dip net fishery the City is not been able to urn, enforce the roles for the new parking lot down by the beach. There's signs all over that say No Parldng and No Camping, No Overnight Parking, and yet every duly, almost every day of the week you can go down there and there's more than one camp.., camper parked there all night with fires and then they leave piles of garbage behind. The City can't enforce the rules there and so I don't know how the City is going to be able to enforce roles and regulations for urn, camp ground as massive as this one is so I would just hope that you would um, take into conaideration, thought~l consideration all the ah, testimony that's been given tonight and protect your locals residents. Thank you very much. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 24 GLICK: Okay, Thank you, did you sign in Ma'am. WELLS' Yes, I did, thank you. GLICK: Okay, thank you. Anyone else? Yes, go ahead. Lloyd Stewart -- My name is Lloyd Stewart I live on 855 Sand Dollar Drive. IYe lived there for little over 15 years and like the rest of my neighbors I've seen a lot of changes there. In my part I think they're all good changes. We gained a neighborhood... Kenai has gamed a good neighborhood, a lot of good families and something that contributes to the tax base of this community. I happen to live on the shortcut to the beach on Sand Dollar Drive which is the only one of the unpaved streets out in that area. Right now I see, in the summertime, just a excess of traffic coming through that road since theyYe ah, opened up the ah, little thing down at the cannery, they let people go down and dip net and the traffic is... is not ah, not good or conducive to the 15 mile and hour 20 mile an hour speed limit that's on our road. Most of the time is ah, pretty high speed traffic ah, 4-wheeler high speed traffic and I'm getting to the point where. I'd like to set up some nail strips out there (laughter) and I know that this park is going to contribute to that, I just know it; in my heart and I see it. Ah, I've seen it before and my plea to you is... my plea to my neighbors is to fight this with everything you got, I~1 fight with'you and my plea to you is the.., the ah, deciding on this permit is to turn it down. Turn it down for all of these good families that have built this good neighborhood and have contributed so much to this commumty. Thank you. (applaud) GLICK: Okay, thank you. Anyone else? Yes. Tom Weaver - My name is Tom Weaver I live at 2920 Schooner Circle. I'm opposed to this. I haven't been able to hear all the comments because IYe been out in the hallway where we have a large group of neighbors. I hear concerns about the neighborhood, the safety of our homes and I'm... I agree with all that but what about the safety of the people in the RV Park? Not everyone goes fishing, you're going to have people staying back whether it's adults or children, there are no facilities of any kind out side on that side of the road, everything is on the other side of K-Beach. I'm a commercial truck driver, I drive that road, it's always, when you see people on the side of the road it's a distraction, someone wants to go to the diner from the RV park whether it's an adult or a child they going to run across the road, there's no crosswalks. They want to go get a soda from the little store they're going to run across the street. They want to do a bag of laundry they're going to run across the street. They want to go get a snack at the snack bar they're going to run across the street. How long is it going to be some... before someone gets killed or hit by a car. That' means their safety has to be considered also, there is no way to safely get across that street for anybody. There's no facilities that... I don't have anything more to say, I think that needs to be thought of too. Thank you. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 25 GLICK: Thank you Sir. Anyone else? (applaud) GLICK: Anyone else wishing to speak? Yes. Robin Leighty -- Good evening my name is Robin Mighty I live at 735 Set Net Drive. I just wanted to raise a couple of issues um, and reiterate what.., what other people have said about this being incompatible with the zoning of our area, it is entirely incompatible urn, one issue that hasn't been raised specifically is noise that would be generated not only from the operation of generators at an RV park with that many... ~a.h, potential 160 generators, say maybe 80... 80 of the operating at the same time would increase the noise level within a radius of about 800 feet around that RV park. In addition to that is the cumulative affect, ff you clear the vegetation, ff you clear the 300 feet of dense vegetation there you're going to increase the noise level in the entire residential area by 10 decibels and.., cumulative.., or cumulate that with the generator noise it's going to be pretty substantial and for those of us that live there 20... excuse me, 12 months out of the year we're going to get an increase noise from highway traffic throughout that neighborhood and that's one concern that has not been raised. Urn, the.., another issue that's been raised is the. issue of septic. A septic system that would accommodate the number of people that could potentially live in this RV park for the three months out of the year would be substantial. All of us live downstream, down gradient from that area. All of our wells could potentially be effective and I lmow.., affected.., and I lmow that that's not within your jurisdiction, ah, center DEC, however, I believe that the component of this change, of this urn, conditional use permit, has not due diligence in coordinating with DEC and the ability to engineer a septic system that would work in that area; and it's going to be 3 years, potentially 5 years out before they get to the point of implementing that part of their construction but ah, I think all of that are downstream are concerned about that. There are alternatives to issuing a conditional use permit for allowing this RV park, there are other' lands available that are more appropriately zoned where this type of a development could occur, does not need to occur within a residential area; and.., a lot.., perhaps the.., component of this, on their application it says they are not currently the owners but ah, the... Kenai Peninsula Borough GIS indicates they are the current owner.., obviously they didn't do their homework, it's not compatible, urn.,, in the neighborhood and it is a neighborhood that's very concerned about that. So, thank you very much for the opportunity to speak. GLICK: Okay, thank you. Anyone else wishing to speak? Yes. Ken Pegg -- Mr. Chairman, my name is Ken Pegg from Spokane, Washington, 7911 West Mission. Ah, my partner and I are ah, ah, proposing the RV park on... K-Beach Road. Ah, I appreciate this forum very much to understand and respond to the concerns of the community with.., with policies and ah, practices that ah, tatting their PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 26 interest into account. Ah, I propose that the 10-acres on K-Beach isn't conducive to residential zone. Ah, if it were, in my opinion, it ah, it would not have been set aside as an unsubdivided remainder of the VIP development. I would have covenants as the entire project has, which it doesn't. Ah, in the nearly 30-years since VIP was developed homes would have been built and they have not. Ah, the property hasn't even changed hands in almost 30 years; ah, even though it ah, had a For Sale sign on it for quite a few of them. Ah, why? Well, again it's my opinion that people prefer not to look out their homes and see the businesses that serve their commumty. Ah, such as a fuel station, auto service center, processing plant, and of course and major Alaska highway. Ah, I... I hope that ah, you'd see this as an opportumty for transitional use and.., now our desires a project that ah, meets the needs of visitors seeking world class fishing, ah, it needs a businesses that are so... there are associated with that industry and the desires of ah, we hope the majority of the .. the community's residents. Ah, weYe worked with your fire chief, police chief, and lieutenant, ah, Planning engineering departments and found them to be outstanding professionals, you're lucky to have them and we developed our own covenants ah that address many of the concerns that we Ye heard tomght. Ah, we do intend to retain the natural beauty of the property, ah, by preserving acres of ah, acres of barrier for the residents and it's half of the project. Ah, well mm... maintain quiet clients that the community and the visitors deserve. Ah, we're proposing that the use of off road vehicles such as ATV's won't be permitted onsite; and there are ordinances in this community (laughter) and there are ordinances in the community that control their use on public roads. Ah, hopefully we might even actually reduce the use of ATV's in the area and maybe even in the wetland. Our goal is to channel visitors off of and back onto K-Beach Road with minimal or no additional impact to the community. GLICK: Sir, are you about... PEGG: Yeah. GLICK: Wrap up here? PEGG' Three quarters.., ah, ah... I think our visitors are poorly represented here, the RV visitors ah, in driving through the community I've seen a lot of RV's ah, I expect that our beautiful site would attract great people, just like the.., people are already on K-Beach Road, they're already here and their looking for a nice place to stay. Ah, when the short season is over this property returns to 10 vacant acres with zero impact to the community. I thank you very much for your time and consideration. GLICK: Okay, thank you Sir. Yes, the man out in the hallway. Wayne Cissell- My name is ah, Wayne Cissell, 1 live at 2710 Set Net Court ah, in Kenai here. Ah, since this came up you know, I was notified, I work late hours sometimes so you know, everyone here has taken the time to come here is kind of... common sense of how important this is to evei'y.., each and every one of us that are PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 27 here and um, you know I've lived in Set Net, I built my house in 86, all three of my kids went to Kenai High, they graduated. You know, we've lived there for some time, I lived in Kenai for 31 years and.., you know Kenai is my home, I've never lived anywhere but Kenai so ah, couple years ago there was a bar across K-Beach Road, I could hear it from my house at mght, you know, and ah, through the windows which I leave my Ii... ah, windows open at mght and you could hear it and.., and the neighborhood f'mally had enough complaints they f'mally closed it down a.nd that's going to happen when they take those 10-acres and they make them an RV park out of them, I'll be able to hear all that stuff gore§ on over there in that neighborhood, acros~ from my house which, you know is going to keep me awake at night which I work days most of the time. Ah, I don't know ff you noticed this gentleman mentioned that they are going to put sign~ up, no bridge.., or no river access. There's signs already up down that road and they're still accessing... I mean there's a continual traffic throughout the neighborhood. I don't have any little kids anymore but there's neighbors across my street, their little kids are in the street all the time. I live in the cul-de-sac which is nice but a lot of these folks don't. You know when the little kids are out there playing catch and stuff and (inaudiblel because of this, there's.., there's liable to be some.., some problems you lmow and there was early mention about the Kenai River, I've seen the mouth of the Kenai River for umpteen years and I... I went down and looked at the bluff this summer and I don't.., it looked like a Russian River, ah, event... I... I was just mazed and I aint' taking any ldnd of fishing right from anybody but I'm just 'saying the City of Kenai needs to do something well that mouth of that river and the Kenai River fishery is going to be definitely impacted from what's going on down there and that's just my opinion, you know. I'm totally against thia ah, I am pro industry, you know in ah, anything that's good for the commumty as far as working, you know I'm for jobs and you know I work just like anyone else out here does. I just pay my taxes, it was 800... or 1800 dollars, that's, you know, it's all based on this ah, 20,000 you write in and you got a 20,000 off what your house is asseaa... assessed at and there's a letter I got and he said he paid 2500 dollars when he comes up here this summer every summer, well that 1800 dollars that I spend just on taxes ain't nothing what I spend here in the community year in and year out. So I'm just saying that all of us... us that live here, you know we spend a lot of money in the community and you got to think about that, ff there's 160 trailer parks, they're making 30 dollars a day, 54,000 a month, or whatever that amounts to, how much mill rate are you going to get off that revenue for those month and half or two months that somebody's going to be in a trailer park? I mean, you've got to look at the.., the amount of money that the city is going to gain from that versus what we pay already and what's going to happen to our property tax cause that will drive our property tax¢~ down because our property values are going to go down, and that's just my opinion and I think that that's what's going to happen so... thank you., GLICK: Okay, is there anyone else wishing to speak? Yes Sir. Bill Miller -- My name is Bill Miller, 1 live at 2710 VIP Drive. IYe been the.., in business in Kenai for long time. IYe always had the theory that the man that owns PLANNING & ZONING COMMISSION MEETING - DECEMBER 8, 2004 PAGE 28 the land and as long as it's legal he can do what he wants to on that land and... I also believe that this is not legal. It doesn't comply with the zoning regulations, if it did comply, even though I'm against it, I'd be for him doing it. I think he mentioned why this land hasn't been developed, well there's been a sign on that land for probably 10 years that said it's For Sale, 10-acres for $100,000. If you do that math on that you have to have an acre per lot so you.., you Ye got $11,000 per acre, you got to subdivide, you have to build roads, and you have to sell it and you probably lose your shirt, that's why it's not been developed I don't believe. What I would ask him if he's willing, because I think with a 5 year plan, if they come in and cut down the trees, make gravel pad, and fail the land is really wasted if they're willing to provide a bond for the completion of the project including the water and sewer, ah, should you decide to... grant this conditional use permit, would.., would almost be a mi~_imum you should require, I... I don't find any.,, any kind of guarantee that the City requires other than I guess if they fail, somebody complains and you have to go get the police to evict them. I think ah... a performance bond would be in order if you do grant this pe _rmit. Thank you. GLICK: Okay, thank you. Did you sign in Sir? MILLER: Yeah. GLICK: Okay. Anyone else wishing to speak? That's... that hasn't spoken before? (laughter) okay. Michelle Carlson - Hi, my name is Michelle Carlson and I couldn't hear very well, I live at on Sailor's Watch Circle, new house, new to the area to some degree, the last four years but I have worked in the alcohol industry in the State of Alaska for the last 20 years and I am an alcohol instructor in the State of Alaska for the last 18 and I believe I heard him say that they were not going to allow alcohol and they were going to monitor the alcohol (laughter} and of tiaa.., we live in front of the parking lot at the beach, we knew full well what we were getting into when we built with the dip netters, we knew that, that's fine but I do work at the Vagabond out the road there and I have dealt with alcohol for a big portion of my life and trying to monitor alcohol in an RV park, let alone monitor on a prem.., licensed premises, I don't know where that's going to put you in cost, if you look at your revenues or where you 're... you're payments go, the calls that come out, even out in our area for what your police department and the Troopers to the Kenai Police and the Trooper department have to cost you a big chunk of your bucks. So, consider that in this no alcohol because if that's what he's telling you I beg... (chuckle) I... I can't even believe that they can.., who is going to enforce that? I mean, that's.., it's just crazy. Urn, I live in... we... we just purchased, bought out house, we moved in in February, we bought the property just next to us for a good portion of money and that traffic, if he isn't going to allow it, it's going to come our way also and the fact is we watch what goes on in the parking lot in front of us, we had a full summer there to watch what happens with the dip netting and from the bathrooms, etc., I mean, they~l go over in front of the kids in the woods, if there... PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 29 even if the bathrooms busy, there's somebody out there going to the bathroom in the woods, I watch em' when I have coffee in the morning (laughter) I knew that when I bought (laughter) when I built my house (laughter) but.., this is going to increase it and no... and somebody else brought up the fact that of, I... IYe called the Troopers myself and it was even getting a hold of DOT for what is your speed limit and in the residential etc., and it is... anybody that's down there can tell you they go anywhere from 40 to 60 miles an hour drag racing down that road on the 4-wheelers, etc. I'm just saying you.., have to lo... look back even at this last summer with your toll booth and everything else, that was good idea in my re... perspective because I was there, other people may not have liked it but it control it, that was a good step I felt but you're opening yourself up for a whole lot more and I'm saying that from first hand experience, only by one year but I knew what I was getting into there, this is going to be someth;mg else (laugh) and as far as the no drinking goes... AMEN: 10 seconds. CARLSON' ...that~l be interesting (laugh) (applaud) GLICK: Okay, thank you. CARLSON: Thank you. GLICK: Anyone else wishing to speak at this time? Out in the hallway, anybody... okay, the lady there has her hand up... Jocelyn M¢Collum- hello I'm Jocelyn McCollum I live on ah, Seine Court and I had submitted a letter that's in the packet. I really don't care to reread it, I made some typos which are quite embarrassing (laughter) and I~11 tell you initially when I read the ah, developers two letters, I was bothered because I felt like they were bullying tactics and you know it's in an essential part of the Alaska spirit that nobody is going to push us around (laughter, applaud) I don't like this for a lot of reasons, it's not going to contribute to our economy and.., it's just.., it's going to change the integrity of our neighborhood, feeling safe to let our kids ride around the neighborhood to go visit their friends, you know that's something we kind of take for granted besides just looking out for each other, being good neighbors, being very tolerant, urn, you know there's an old expression you can't pick your ah, relatives or your neighbors but I don't believe that entirely true in a situation, I think we are placing in faith in you that you listen to all these reasons and take into account why it's important for us to have faith in you and.., and for you to do the right thing. Thank you GLICK: Ail right, thank you. Anyone else? Okay, I don't see anymore hands so we,ll bring it back to the CommiasiOners. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 30 Public hearing closed at 8:30 p.m. GLICK: Marilyn does the staff have any more comments? KEBSCHULL: Well, I would draw your attention to the packet to the.., if the Commission should decided to approve the permit the recommendations that should be addressed. In addition, I'd like note ah, that as in the past when you granted ~ conditional use permits that this perrnit ah, that the preliminary drawing in the packet is just that, it is a preliminary drawing. It would be fane tuned and approved urn, by a land ah, scape site plan review urn, as all commercial uses urn, that we have done as conditional uses in residential zones in the past have been done. Urn, so what probably what you have in your packet is probably urn, much more ah, dense than what would actually happen when they take it into consideration the recommended buffer that ah, is in the recommendation. Urn, and in addition, ah, {inaudible) comment as far as the information that was provided in your packets there was urn, we were inundated with ah, the e-mails and the letters but in your packet you only got one copy, I may have received copies from several of you that were e-mailed to you but I just ensured that one copy of each e-mail was in the packet so that you had that information and I can answer other questions as we go. I would draw your attention urn, to most of those you probably saw, your probably did not see the one addressed to me today from ah, Chief Waldon, our Kenai Fire Chief, urn, and urn, he addressed ah.. met with the developers, he and ah, Chief Kopp and Lt. Wannamaker and ah, most of their concerns were ah, he believes were addressed at that meeting so you may want to review that e-mail. GLICK: Okay, thank you. Comments. Mr. Bryson? BRYSON: Yes, ah, it's ah, my intent to be voting ah, in opposition to the motion. Ah, and I would propose ah, as... dependent on ah what the dete _rmination of the board is ah, that the following items be considered as findings of fact, ah, one that the use is not consistent ah with the intent of the zoning district; two the ah value of the adjoining property and neighborhood would be significantly impaired. GLICK: Okay, that.., anyone else? Yes. AMEN: I have some questions for staff, ah, the ah, the adjacent property ah, upper part of the map, I imagine that's W the east, ah, duplexes, four-plexes, ah, how were they installed? Were they also ah, conditional use or what was it... UNKNOWN: That's permitted. AMEN: That's permitted activity at that time? KEBSCHULL: Yes, those are pe _rmitted uses. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 31 AMEN: Multiple family? KEBSCHULL: Yes. AMEN' Okay, ah, how do we define the difference between an RV park and a trailer or mobile home park? KEBSCHULL: Mobile home ah, I don't know that it's defined in the.., in the code but my interpretation would be a mobile home is for permanent residential use, RV is for temporary use. Mobile homes, also require a conditional use in the City. AMEN: Okay. Um, do we have any historical information on the RV parks that have been established and are operat/ng inside Kenai, ah, an example would be the one there on the bluff at Old Towne.; as far as impacting neighborhood value or i_mpactmg the neighborhood... KEBSCHULL: I don't have that information. AMEN' (inaudible) and ah, final question I had is if this is ah, as submitted, is ah, turned down, does the owner have an option for modifying this and resubmitting it in the future? KEBSCHULL: Yes, he does. AMEN: Okay, thank you, that's ail the. questions I had. ELDRIDGE: Yeah, the comment that I have, one is good to see all my neighbors out, ah, I live in VIP on Set Net Drive myself and I... have seen a lot of that traffic that's gone by... ah, in the summer and the increase. Of course we have traffic problems year around ah it's not only visitors it's also our neighbor.., neighborhood. Ah, (inaudible) this thing is absolutely ah, you know and not acceptable to me ah, I don't... just don't think they put enough ah, thought into it in the first place ah, so I'm... I'm going to vote no on this particular one tomght but ah, as ah, Commissioner Amen brought out you know ah... might be put .... SIDE 2, TAPE # 1 ENDS TAPE #2, SIDE 1 ELDRIDGE: ...and low income housing is very much ah, you know, liable to be there, ah, and ah, it could be developed there, in... in that property so, I... I agree we want... we need some buffer between what we have as residential and.., and the commercial across the street but ah, ah... ff this were properly done it might be ah, acceptable butter as... as presented it is not acceptable to me but some of the alternatives might be, ah, multi-plexes, low cost, low income housing so ah, whatever, a... a... as a PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 32 neighbor that's what.., that's.., that's my concern ah, it's.., it's looking at the whole picture but tonight I will be voting no on this proposal. GLICK: Okay,' anyone else? Yes. HAMMELMAN: Just a couple comments, ah, just a couple comments first of all we meet two times a month and you're always welcome, were never had any (inaudible) (laughter). You know it... really this is an educational opportunity for ever body because urn, I do believe that the.. that people that bought this property have the fight to develop it, it is in the code, I do believe that. I think it's very difficult to read the comprehensive plan and interpret that, it's vague intentionally, it could be interpreted any way you want it basically, there are a lot of different ways let's put it that way. Um, in this particular issue I'm going to vote no because I don't think there's enough infomation in the application to... to um, make a good decision. I don't think three phases represents a well thought or well developed plan. Ah, I'm skeptical that three sets of port-a-potties and three dumpsters can accommodate the waste that can be generated during ah, during the frenzy of the red season. Urn, let's see, you know and.., and one of the things I'd like to point out is... ah, and.., and... and ah, I hope I'm not out of line, ah, Chairman, you know, a couple different times this evening you Ye been ah, referred to, or our actions were being referred to as appalling but you know what, we have to take everybody just like we would anybody. If you bought that property we have to evaluate that, that's what we do so it's not that we're doing something that is appalling, we're doing what we are asked to do so... urn, and I guess with that urn, I~ close my comments but I would be voting against this application so... GLICK: Okay. HAMMELMAN: Thank you. GLICK: Anybody else, Mr. Barrett, you have any... BARRETT: No. GLICK: Jeff9 TWAIT: No. BRYSON' Ah, ah... one other comment, ah, it appears that ah, the ah, 10-acre tract was ah, ah, kept separate from the ah, ah, platted area for lots for a purpose ah, ah, it would appear without any necessary factual basis that it would be a... appropriate for ah, light commercial serving the commllnity in... in the area and ah, some use like that might.., might appear appropriate for ah, a small tract like that that fronts the highway. Ah, however, I... I feel the proposal ah, dramatically affects the entire ah, area behind it. PLANI~NG & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 33 GLICK: Okay. BRYSON' Ah, I'm... I'm, the other issue is ah, positive aspects of it from a developer's ah, perspective ah, (inaudible) one is increased ah, sales tax for the City which is obvious and the increased ah, value of that property which is obvious ah, the opposite is the ah, ah... level of ah, life values that are.., would appear to be affected. GLICK: Okay, yes. AMEN: I have one additional comment, ah, I've put down 14 excellent points that we discussed this evemg or that weYe had input on this evening, ah, but I think the one that hits rne there the hardest on this is the fact that ah, 'you could very easily degrade the ah, the water table and the.., the quality of the drinking water in that area ah, with a development like this that ah, affects not only sewage ah, waste ah, but also the chemicals coming out of an RV park and ah, once that's gone it's gone and ah, I'd... ah, that's pretty close to home when your drin~g water coming out of your faucet could be affected and ah... that's.., that Was my comment. GLICK: Okay, we're ready to vote. Okay, roll call vote Verbatim Ends: VOTE: Amen: No Barrett: No Glick: No Bryson: No TWAIT: No HAMMELMAN: No ELDRIDGE: No MOTION FAILED UN~OUSLY. Glick informed the applicant he would have 15 days in which to provide a written appeal to the City Council through the City Clerk. The audience was advised the Board of Adjustment hearing on the issue would be advertised in the paper as well as on the City's website. Glick called for a 15-minute at ease. BREAK TAKEN: 8:45 P.M. BACK TO ORDER: 9:00 P.M. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 34 ITEM 6: OLD BU~INF~8 -- None. , ITEM 7: NEW BUSINESS 7-a. Discussion -- State of Alaska, Department of Natural Resources, Division of Mining, Land & Water Spring 2005 State Land Disposal- Discussion Kebschull drew attention to the memo included in the packet and reported the City received information the State is considering disposing of some land in the spring and they are seekin~ input from the City. Kebschull added, they are changing the classification on some of the lots which may not be of interest to the City but the Commission may want to comment on the zoning because of previous issues with the State selling land to people in that particular area. Kebschull noted the road on the back side was platted but not developed. After discussion staff was directed to provide the State of Alaska with their comments regarding the zoning and road issue. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT Pending Code Violations Report Chairman Glick drew attention to the code violation report and it was noted the Code Violation Officer was still on staff. ITEM 10: REPORTS , , 10-a. City Council -- Council Member Ross reported that he was not present at the last Council meeting but stated that if there were any questions he would get an answer. 10-b. Borough Planning -- Bryson noted a copy of the November 22 meeting agenda was included in the packet. He gave a brief review of actions taken at the meeting. 10-c. Administration -- Kebschull reported the following: · A joint work session is scheduled for December 9 with the City Council and Airport Commission to discuss the Airport Master Plan and the Planning and Zoning Commission is welcome to attend. · A list of CIP projects was provided as a handout prior to the meeting. A work session is schedtfled for December 15th before the City Council meeting. · Kenai Landing may be COrn!rig back to modify their conditional use. · The scheduled work session for this evening is rescheduled until the next Planning and Zoning meeting. PLANNING & ZONING COMMISSION MEETING DECEMBER 8, 2004 PAGE 35 ITEM 11' PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. Zoning Bulletin (11/10/04 & 11/25/04) Commission/Committee Term Reappointment Letters- Commissioner Barrett and Commissioner Hammelman Planning & Zoning Commission Calendar for 2005 ITEM 13: COMMISSION COMMENTS 8s OUESTIONS Commissioner Bryson -- Asked Council Member Ross the nature of the fire improvements in the VIP area would be. Ross replied, the project would put a well for pumper refill access. Commissioner Barrett asked about signage for defunct businesses or businesses having left the area. Kebschull replied, pursuant to city code, signs are supposed to be maintained. ITEM 14: ADJOURNMENT. MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 9'35 p.m. Minutes transcribed and prepared by: Barbara L. Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING - DECEMBER 8, 2004 PAGE 36 KENAI BEAUTIFICATION COMMITTEE MEETING DECEMBER 14, 2004 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ,, ITEM 1' CALL TO ORDER ~ ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- October 12, 2004 November 9, 2004. ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BUSINESS Discussion -- Chamber and KCVB Flowerbeds ITEM NEW BUSINESS ITEM 7: REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: (~UESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Parks & Recreation Commission Meeting Summary of November 4, 2004. City Council Action Agenda of November 17 and December 1, 2004. ITEM 11: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE MEETING DECEMBER 14, 2004 7:00 P.M. KENAI C'OUNCIL CHAMBERS CHAIR MARILYN DIMMICK, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER & ROLL CALL Chair Dimmick ca/led the meeting to order at apprommately 7'05 p.m. confirmed as follows: The roll was Members Present: Members Absent' Others Present: M. Dimmick, J. Rogers, S. Hatch, L. Nelson, H. Brown L. Seymour and M. LeFebvre Council Member Swamer, Parks & Recreation Director Frates A quorum was present. ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY -- October 12, 2004 November 9, 2004 The meeting summaries of October 12 and November 9, 2004 were approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS Discussion -- Chamber and KCVB Flowerbeds A general discussion took place related to the Visitors Center and chamber flowerbeds. It was reported the Center purchased additional flowers last season and it was a general consensus they should continue with this practice next season. It was also reported the Chamber would be forwarding ideas for plat material. Member Brown volunteered to meet with Ms. Odgers, the Chamber's executive director, to discuss options. ITEM 6: NEW BUSINESS -- None. ITEM 7: REPORTS Committee Chair-- No report. 7-b. Parks/~ Recreation Director-- Director Frates reported the following: · A ~rant application was submitted to the Land & Water Conservation Fund for development of soccer fields on the Section 36 properS. · A capital improvement list was developed for council's consideration and includes an automatic sprinkler system at Left Hansen Memorial Park. · Weather permitting, the cross-country ski trails would be groomed on Wednesday. 7-c. Kenai City Council Liaison -- Council Member Swarner offered updates related to the capital improvement project list, a work session held with Arctic Winter Games representatives, and an appeal has been submitted in relation to the proposed recreation vehicle park in the VIP Subdivision. ITEM 8: 0UESTIONS AND COMMENTS ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: 10-a. 10-b. INFORMATION Parks & Recreation Commission Meeting Summary of November 4, 2004. City Council Action Agenda of November 17 a.nd December 1, 2004. ITEM 11' ADJOURNMENT The meeting adjourned at approximately 7'40 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING DECEMBER 14, 2004 PAGE 2 . Kenai Peninsula rcti¢ Winter Game 2006 ~*~4~ ~[~sut~ *°°~ "Release the Spirit Within" TM December 17, 2004 Mayor Pat Porter City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mayor Porter: Congratulations again on being elected Mayor for the City of Kenai. I know you have been extremely busy in your transition process and I would like to take this opportunity to provide you with a status report of the Venues and Facilities we will be using in Kenai dudng the 2006 Arctic Winter Games. The following Venues and Facilities are: · PRISM Fire Training Center · Kenai Airport · Airport Operations Center · Kenai Central High School · Kenai Middle School · Kenai Altemative School · Kenai Multipurpose Rink · Mountain View School AWG Administration office space Amval and Departures Accreditation/Registration Center Athlete Village and Inuit Games Venue Athlete Village and Gymnastics Venue Athlete Village Hockey and Speed Skating Venue Mission Staff Headquarters and Dene Games Venue · Kenai Recreation Center · Challenger Center Kenai Visitors Center · Kenai Men'iff Inn · Kings inn · Uptown Motel Wrestling Venue AWG International Committee, Chefs de Mission, Host Society Meeting Center Games Media Center AWG Cultural Exhibit Center for ali contingents to display their exhibits Housing for Mission Staff Housing for Mission Staff Housing for Mission Staff I trust this information will be helpful to you and the City Council. We appreciate the support of the City of Kenai and their generous contribution of the PRISM office space and Airport Operations Center. ! look forward to working with you and your administration in the coming year. Sincerely yours, . General Manager Box 1659, Soldotna, AK 99669 - 907-262-2006 - 907-335-3367 - awg~awg2006.org FRANK H. MURKOWSKI GOVERNOR GOVER NOR~GOV. STATE.AK. US STATE OF ALASKA OFFICE Of THE GOVERNOR JUNEAU JUNEAU. ALA{. (907) FAX {907) 465-3.~32 WWW.GOV.$TATE.AK. US The Honorable Pat Porter Mayor of the City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 Dear Mayor Porter: December 17, 2004 L,...' . The recent record-high price of oil has taken some of the pressure off the state's budget and presents Alaska v~Sth an opportunity unlike any we have seen in many years, to invest some portion of the state's surplus revenue for the future. In conjunction with that initiative, we believe we also have the opportunity to utilize revenue bonds to fund transportation infrastructure projects and help solve traffic congestion problems we otherwise would have to postpone. We will propose funding through the sale of revenue bonds, to be paid off with the income earned by Amerada-Hess settlement funds. Amerada-Hess funds are oil royalty funds resulting from legal settlements and managed in the Permanent Fund, but which are disallowed under state statute from being used to pay for dividends. In addition to our Roads to Resources package of access and pioneer road projects, I am proposing to the Legislature a package of capital projects designed to relieve congestion in urban areas. Both packages will be introduced in January. Totaling $108 million in projects, the Community Transportation Initiative places a heavy emphasis on relieving traffic congestion in Anchorage, Fairbanks, the Mat-Su, and on the Kenai. I have enclosed a fact sheet summarizing the projects we are proposing, which I invite you to review. Bear in mind that this initiative will work hand-in-glove with projects already programmed into the ongoing Statewide Transportation Improvement Program (STIP), which contains hundreds of millions of dollars to fund projects that will be constructed throughout Alaska over the next few years. Given the extensive public process involved in developing the STIP, a person might wonder why this administration is proposing additional funds for projects outside the STIP. The answer is fairly straightforward: The federally-funded STIP projects are long-term projects based on specific criteria required to be met for the federal funding. The Community Transportation Initiative, on the other hand, can be more flexible and responsive to immediate community needs, many of which have not been adequately addressed through the STIP, and some of which are simply not eligible for federal funding. The Honorable Pat Porter December 17, 2004 Page 2 A good example is the use of $26 million to solve aggravating traffic congestion problems in East Anchorage. The long wait during rush hour at the intersection of Lake Otis and Tudor is well known, even legendary, ro Anchorage drivers, bur it is only a symptom of a larger problem. Widening that one intersection would only be a small part of the bigger solution, which includes expanding the Tudor/Bragaw intersection, and extending Dowling Road eastward to Abbott Loop. Both of these projects are funded in our Community Transportation Initiative. These improvements will supplement the many STIP-programmed and -funded projects throughout the Anchorage Bowl, which add up to more than $40 million each year. In addition, we propose investing $30.5 million to accelerate construction of an interchange where Bragaw Street crosses the Glenn Highway, one of the worst bottlenecks in southcentral Alaska. Our Community Transportation Initiative includes work on important connectors in Fairbanks, the Mat-Su, and on the Kenai Peninsula, as well as the McCarthy and Copper River Highways, two access routes that are important to commerce and the visitor industry. Another historic route that is gaining more tourist traffic every year is the Stampede Trail, for which we have included funding for upgrades. In the Mat-Su valley, Alaska's fastest growing area over the past two decades, we propose projects to relieve congestion on several major arterials, including Bogard Road and the Palmer-Wasilla Highway. We also propose to fund a study to look at how to create a bypass route for the Alaska Railroad and the Parks Highway, which have become so busy in recent years that they now constitute a "Great Wall" splitting Wasilla in two. The high price of oil has given us a cushion for our state budget. To supplement that cushion, I believe it is prudent to wisely invest Amerada-Hess generated funds in capital transportation projects that will benefit Alaskans for many years to come. I ask that you review the enclosed material, and if you agree with me that this is an important and wise use of our available revenues, please express that support to your legislators before and during the 2005 legislative session. If you have questions or comments regarding the Community Transportation Initiative, please contact my office or the Department of Transportation and Public Facilities Commissioner Mike Barton at 907-465-3900. Sincerely yours, Governor Enclosure Governor Murkowski's Surface Transportation Initiative 12/111/0t[ "Meetino the Transportation Needs of Alaskans" Governor Frank Murkowski is proposing a $108 million package of community transportation projects for the Legislature's consideration, Which'he proposes to be paid for using state dollars. There are two basic reasons why we want to use state funds instead of federal funds: first, projects eligible for federal funding outpace the available funds by 50 to 1; and second, the federal process requires such a long-term timeline that many of the projects we are proposing could not be built in a timely manner. In addition, between 1995 and 2002, $120 million more than what was required was spent on the TRAAK (Trails and Recreational Access for Alaska) program, which builds trails and other amenities. Much of this funding could have been. Used to address traffic congestion. Beginning in 2'003, the source of STIP (Statewide Transportation Improvement Program) federal funds experienced a downturn in funding'that has caused a large number of ongoing projects to be delayed by two or more years. In fact, the two-year decline in federal funding is believed to be the first such decline since statehood. This shortfall in expected funding has been compounded by the mandate from the federal reviewers that the state must address "time trap" projects; such projects were begun ten or more' years .ago and are not yet completed. Thus, the time trap issue has unavoidably diverted some federal funds to projects that may not be today's highest priorities. Aside from the recent downturn in the level of federal funds is the issue of competing priorities for a finite source of funds. The STIP is over subscribed by as much as 50:1. That is, for every project that makes it into the STIP there are 49 projects that cannot be funded! Thus, the process of creating the STIP inevitably leads to many sound and deserving projects being delayed. There simply are not enough funds to go around. A significant advantage of a state-funded element to transportation improvements is that it is faster than the federal design, environmental and right-of-way process. The federal rulebook leads to long project timelines, sometimes taking nearly a decade from beginning to end. When a project has significant issues to overcome, the use of state dollars can significantly accelerate a project and lead to transportation improvements in a much shorter time frame. Therefore, not using state dollars for these prOPosed capital projects slows the rate of project accomplishment for all of the reasons noted above. There are not enough funds for the projects that have been identified, and the federal process is not time efficient in delivering complex projects for reasons outside the state's control. Page 1 of 1 Fact Sheet: Community Transportation Package With many and varied needs such as urban congestion, safety, rehabilitation, growing communities, resource development and gas pipeline construction simultaneously seeking funds, the federal STIP is inadequate. Only by. bringing.greater financial resources can these needs be addressed. Virtually every state but Alaska has a significant state-funded transportation program in addition to its federal program. And now the trend is to seek even larger state funding sources, such as Oregon's bonding for statewide bridge rehabilitation of nearly $1 billion, Washington state, which is looking at more than $10 billion just for Seattle-area mega projects, and the Texas toll initiative for $183 billion. Alaska will never come to grips with the imbalance between the many worthy needs and available funds unless we enlarge the funds availabl'e to tackle the most urgent issues. The projects Govemor Murkowski has included in this Community Transportation Package are the following' Anchorage - Midtown congestion and truck rome improvements - $26 million. This multiple- project initiative will identify and construct the most congestion-relieving projects in east and midtown Anchorage. It includes these projects' · Tudor-Bragaw intersection improvements'S7 million. This project would construct additional auxiliary mm lanes at the intersection of Tudor Road and Bragaw Street. The south edge of Tudor Road would be shifted 12 feet further south to provide an additional east and westbound left turn lane on Tudor Road. The West edge o£Bragaw Street would be shifted 12 feet further west to provide an additional southbound through and fight mm lane. The east edge of Bragaw Street would be shifted 12 feet further east to provide a northbound fight mm lane. Use of state funds would speed project delivery, as there are inadequate STIP funds to apply to.the project. Dowling Road east extension - $19 million. The Dowling Road extension portion of the project creates an important truck bypass route that supports the gas pipeline construction. It involves reconstructing 2,100 feet of D0wling Road between Lake Otis Parkway and Norm Street to a five-lane urban arterial standard and a 3,200-foot extension to the new Abbott Loop Road (Bragaw Street) constructed to a four-lane rural arterial standard with a depressed median. This project has significant environmental and permitting issues that are more complex and slower to overcome if federal funds are used. Use of state funds would speed the project delivery significantly and save over $5 million as compared to a federally funded project. Anchorage - Glenn Highway congestion and truck corridor improvements - $30.5 million. This project would expedite construction of the Glenn Highway-Bragaw Street interchange to resolve one of the most severe traffic bottlenecks in southcentral. As this route is a major truck route between the Port of Anchorage and poixits to the nOrth and east, this improvement will also serve in the ramp-up for construction of the natural gas pipeline. The Glenn Highway would be constructed with six lanes at a lower elevation than today. Bragaw Street would bridge over the Glenn Highway. The eastbound ramps Would be constructed in a tight diamond configuration. The westbound on-ramp would be a tight loop. in the northeast quadrant, meeting the westbound off-ramp at a signalized intersection on the east side of Bragaw Street. This intersection would Page 2 of 4 · Fact Sheet: Community Transportation Package ultimately be four-legged when a two-lane frontage road is cOnstructed between Bragaw Street and Mountain View Drive. This is a very high priority project for both AMATS and the state, but the recent shortage of STIP funds has delayed it considerably. The use of state funds would shorten the development timeline and accelerate the construction date such that the project is ready for the gas pipeline. Kenai Peninsula- Kalifomsky Beach Road rehabilitation - $11 million. This project will expedite rehabilitation of the Kalifomsky Beach Road from its intersection with the Sterling Highway to the Kenai Bridge Access Road, a.distance of 16 miles. This corridor provides critical access for commerce between the City of Kenai and the southern Kenai Peninsula area, as well as the port of Homer. Mat-Su- Congestion improvements - $21 million. This group of projects is aimed at relieving traffic congestion between Palmer and Wasilla. It includes' · Bogard Road extension ($13 million). This project was begun as a non-federal project and applying federal funds now would require redoing much of the preliminary work. · Palmer-Wasilla Highway expansion ($6 million). This funding will complete the environmental process for a future construction project the to address long-term congestion problems in this rapidly growing part of the borough. The state funds used to begin this project can be applied as the match funds thus reducing furore state costs on the project while accelerating the project timeline. Multi-modal alternate Parks Highway and ARR corridor.($2 million). This project will go to begin work with the Alaska Railroad on the environmental review process for a new corridor through Wasilla. The state funds used tO begin this project can be applied as the match funds thus reducing furore state costs on the project while accelerating the project timeline. Fairbanks - University Avenue/Geist/Johansen Intersection Improvements - $3.5 million. Add right mm pockets at the intersection of University. Avenue, Geist Road and Johansen Expressway to alleviate congestion at this intersection. This is one of the highest volume intersections in the Fairbanks area. Both north and southbound traffic along University Avenue backs up during peak hour at this intersection. The addition of right mm pockets will help relieve this congestion by removing vehicles from through lane's. Additional channelization of the receiving lanes for the dual left mm movement south to eastbound will be included. This may also include adjustments to provide dual lefts for north to westbound traffiC. Richardson Highway- Passing lanes additions - $5 million. Construct additional vehicle passing lanes at selected locations on the Richardson Highway between MP 265 and 341 (Delta Junction to Eielson Air Force Base). The passing lanes will facilitate the passing of slow-moving military convoys, large trucks and RV traffic. Military traffic along this route is increasing due to the Stryker Brigade at Ft. Wainwright and the Missile Defense System at Ft. Greely. Heavy truck traffic as well as traffic in general is also expected.to greatly increase during the gas pipeline construction. A significant safety hazard is created when drivers lose patience and attempt to pass slow-moving vehicles in unsafe passing areas. Stampede Road- Improvements, MP 0 to 8 - $5 million. This Project would improve and resurface the historic Stampede Road from the Parks Highway to 8 Mile Lake,- a route with Page 3 of 4 Fact Sheet: Community Transportation Package growing tourism interest and traffic. The existing rOad is a narrow, two-lane road (22 feet wide) to 3.5 mile and was chip sealed in 2000. The remainder of the road is unimproved with very little gradable surfacing material. The road ends at an unimproved parking area at 8 Mile Lake, which serves as a trail head for the old Stampede Trail. The existing two-lane road will be improved and widened and surfaced with an asphalt surface treatment. This project also includes improvements to the parking area at 8 Mile Lake. Cordova- Copper River Highway- Rehabilitation - $4 millibn. This project entails pavement rehabilitation of the Copper River Highway between Cordova and the Cordova Airport. The original pavement was constructed in 1966. It has long exceeded its service life and is beyond the capabilities of routine maintenance. This project would improve the most critical sections of this route, important to commerce and tourism in Prince William Sound. McCarthy Road- Major maintenance - $2 million. Perform major maimenance on sections of the McCarthy Road. This project would improve the most critical sections of this route, important to tourism in south central Alaska and access to Wrangell-St. Elias National Park. The project will focus on the large mud holes and other major maintenance problem areas that are critically needed while a major improvement is pursued under a larger federal project. This roadway provides the only access to residents and Visitors to the McCarthy and Kennicott area. This is a low-cost, interim improvement of selected areas of the road to improve traveler safety, reduce travel time and user costs, and greatly reduce maintenance costs. Page 4 of 4 Carol Freas From: Sent: To: Linda Snow Wednesday, January 05, 2005 3:43 PM Carol Freas Subject: FW: CISB Icing Grant Project ..... Original Message ..... From: Ted Smith [mailto:tascorefrigeration@msn.com] Sent: Wednesday, January 05, 2005 3'32 PM To: Linda Snow Subject: Fw' CISB ]:cing Grant Project .... Original Message ..... From: Ted Smith To: Ilsnow~ci.kenai.ak.us Sent: Friday, December 10, 2004 10:08 AM Subject: CISB Icing Grant Project Hi Linda, We talked about locating a ice plant at the Kenai city dock. Here are some of the details of what the proposed installation would entail. There is $650k available from the C[SB (Cook l~nlet Salmon Board) that is going up for proposals for ice making equipment, targeted towards public use, with a emphasis to make ice available at the point of harvest for the Cook Inlet commercial salmon fishing fleet. This money is for equipment only including installation costs. This grant money is coming from the federal/state Salmon Restoration Grant and the Kenai Peninsula Borough Dept. of Economic Development The request for proposals, in a bid type format, are going out the 17th of December 2004. With bid opening to happen in mid .lanuary of 2005. Currently the ClSB estimates that two modular units supplying 20 tons per day each will be located in two different locations (to be determined when operation bids are solicited). These units will add 40 tons of ice per day to the area. The limitation here is time and money and location. I see many problems with this set up in that it will not supply the amount of the ice needed at peak salmon runs and or peak season. Also this does not get the ice to the drift fleet as a dock facility is needed to do this. I believe that the best location for an ice facility is at the Kenai city dock. Fuel and ice at the dock will go hand in hand. Also the federal granting guidelines want the facility to be on public lands. If not, then, the paper work and ownership of the equipment is a major concern. My understanding is that fish and ice are delivered across the dock under the current land usage allowed by the BLM. I would think that this type of facility would be within the same realm of use that is happening now. Page 2 of 3 The CISB wants to retain ownership of the equipment although I believe that if the city was involved that ownership would be negotiable at a later date. They do not want to burden the expenses of maintenance or operation so they will put this portion out to bid or proposal. ]: propose that a "portable ice plant and storage" (all on skids) be located at the city dock which will produce 90 tons of ice per day and have a storage capacity of 100 tons. It will have an automatic delivery system which will deliver to the drift fleet over the dock and also deliver to totes on the ground and into trucks or vans. The land use area will be approximately 1/4 acre or could be built on pilings between the existing dock and land next to the existing dock access. Also as we discussed the road access to the dock will have to be upgraded or a lane of use for access to the ice plant, for trucking only, will have to be added. The facility would be operated uncier city supervision or with city employees or contracted out. Of course the BLM would have to approve of the land use. Because of the time frame of the bid opening this might be a problem unless a verbal or memo of approval, from powers to be in BtM, can be made before the opening date in January. The equipment needed for this proposal will cost in the neighborhood of $900k. With the use of the $650k available from the grant this leaves $250k to $300k of extra funds needed. This would include I refrigerated 40 foot cargo van ($150k included in the $900k) equipped with a raked delivery system in it to be able to deliver 20 tons of ice to sites (set net fishery) via the public road system. This container could also deliver ice to any location, on the road system, in need of ice. This pricing would provide a "turn key operation". Ice will sell at about $100 dollars a'ton. It will cost an operational overhead of about $25 dollars a ton, leaving a revenue of net profit of $75 dollars a ton, when sold to the commercial outlet. At $1 per 10lbs sold to the sports fishing or public in their coolers a $200 dollar a ton figure is reached. (These are estimates) This then goes to: (no sports sales) $6750.00 per/day net revenue. $189,000.00 per season ($75 per/ton times 90 tons per/day) ($75 per/ton times 90 tons per/day times 28 days) This of course is the maximum that could be expected during a season and realistically there would be about 15 days at the most of peak ice production. However with a facility like this new fish processing plants will open in the area because they would have ice available to them with out having the outlay of capital to install their own ice equipment. This in turn will increase the number of days figured in the above calculations. · Even at the Iow end of the scale at 10 days of peak ($67,500.00) the $300k would pay off in about 5 years. To date there has not been access to "fish ice" by the sportsman or public during the fishing season so a market here would develop to dip netters, guides and retail outlets. ! think this gives an idea of the project ! am proposing, although there are other details not included here, the pricing is with in a (+ or -) 2 to 4 % error factor. A definite benefit to the community will be served and expenses and investment Page 3 of 3 monies will pay back in a short time, allowing a profit to the city. What is needed: City of Kenai to express an interest BLM approval of a public icing facility at the dock Upgrade the access road City of Kenai to finance the excess, lacking, in the CISB icing project grant budget. ! hope that this will give you the information needed to approach the council and get the ball rolling. ! also hope that because this grant is state and federal and borough monies the BLM will be able to act quickly. ! assure you that this equipment can be supplied and installed with in the .lune 1st 2005 time line and the equipment will meet the grant requirements. It will also supply twice the amount of ice that is being considered by CISB at this time and satisfy the projected needs of ice at peak season for the Cook Inlet fishery. Because the equipment is on skids and is portable additional storage can be added to increase revenue easily at a later date. ! am certain that if we can pull this together in time the CISB will award this RFP to us. ! want you to know that ! am working on proposals With other stakeholders in the private sector but none of them has the access and amenities that your city dock can provide, coupled with the fact that the grant overseers want the equipment to be located on public lands. Regards, Ted Smith (owner) Tasco Refrigeration 262-5225 tel. 262-5225 fax. tasco re frig era tio n @ msn. co rn INFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 5, 2005 o , . , . . , 12 / 22 / 04, Land Sales 2004. 12 / 22 / 04, Leases Entered Into in 2004. 12 / 28 / 04 Public Works, Project Status Report. FY 2006 Budget Calendar. Kenai Peninsula Borough Ordinance 2004-19-29, Accepting and Appropriating a Grant from the U.S. Department of Justice in the Amount of $2,473,693; Appropriating $1,000,000 from Central Emergency Services; and Appropriating $239,835 from the General Fund for Construction of an Emergency Response Center. 12/13/04 Kenai Peninsula Development Coalition meeting agenda and Kenai Peninsula Regional Advisory Council meeting notes of 11/2/04 meeting. State of Alaska 2005 Gaming Permit Applications and 2005 Pull-Tab Vendor Registration · Kenai River Professional Guide Association, Inc. · Pickle Hill Public Broadcasting · Alaska State Chapter of National Eligibility Workers Association o o o o o o o o cq ~i o o o o o o mo ~o40 o~8 '~ o oo o o o o o o o o o o o o o o o o o o o o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 ~-' 0 0 0 0 0 0,1 0 0 0 ~ 0 0 0 0 0 0 0 0 o o B ~ ,- ,- ,- 0 0 0 0 0 · 0 0 0 t~ O. ~ cl. Cl. ~- t~. O. r~ .'- ._~ 0 ._ .__ 0 ._ .'- .'- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 04 O~ 04 0 Project status Report A=Active NC=Non-Construction F=Future STIP=State Trans. imp JL- Jack La Shot RS - Robert Springer MK- Marilyn Kebschull Jet- Jan Taylor A/NC/F/ City Centaet Project Nam Status A JL Airport Security Fencing Negotiated price reductions. A JL Airport Security System Had final inspection. A MK Airport Supplemental Planning Assessment Project awarded to DOWL. Joint Work sessions with consultants planned for 2/15/05 & 3/29/05. A JL Airport Taxiway "H" Access Parking On hold. May construct next summer as CO to Terminal project. A JL A JL Airport Terminal Modifications Contaminated Soils - Shop Working on canopies. Received ranking for loan fund - could be funded if City chooses to. Reappropriated $151,314. Preparing work plan. Holding tanks for floor drains installed. Will do further tests in spring. A JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. A JL FBO Subdivision Lots 5 & 6 Waiting for council decision to continue. A KK Kenai Boat Launch Improvements Received $350,000 grant. Nelson & Associates are working on the design. A KK Kenai Coastal Trail The Corps study was scheduled to be completed months ago. When it is received, it will then be reviewed by all agencies. Hopefully, the City will get additional funds to complete design and answer any questions from the study and agencies including obtaining the Corps Permit. Tuesday, December 28, 2004 Page 1 of 3 A/HC/F/ City Contact JL Project Name Multi-Purpose Facility Status Will apply insulation to one roof beam as an experiment. A JL Parallel Taxiway Preliminary design to be reviewed. A JL Runway Extension Environmental Assessment Preparing request for CAT-X on Taxiway H Access and Parallel Taxiway projects. A KK S. Spruce Wetlands Protection Concrete piles were placed along S. Spruce. Trail from Municipal Park, to beaci~ completed but needs some repairs. Landing and rails at top of bluff stairs complete. Signs still need to be installed. Receiving additional funds from USFWS. A KK Title 17 Review and W & S Regulations Completed revisions to W & S regulations and sent draft out for everyone to review. Adding a grease prevention regulation. Made many additional changes to draft. Plan to submit changes to KMC and regulations to Council 115105. A JL Underground Storage Tank- Airport Report to ADEC finished and submitted. Requested ten times rule for water table. Permission to spread soils at airport okayed. Public hearing on ten times rate request. A KK Wastewater Facility Master Plan This project has been completed. DEC approved GeoNorth's completion date. A KK Water Main WH4 to Swires Nelson working on design. A KK WH 4 Working with DNR on land purchase issues. Evaluating the two pilot test programs on water treatment. Working with DEC on accepting exploration well as production well. F KK Ames & Dunes Road Kenaitze Indian Tribe paving roads with curbs, gutters, and sidewalks. They are going to send City a maintenance agreement Tuesday, December 28, 2004 Page 2 of 3 A/NC/F/ F KK F KK city Contact Proj~t Name Boating Facility Exit Road Culvert Repairs S. Spruce & Boat Launch Road Status The City is working on possible land trade for an exit road. Received appraisai on the land the City wants. City is having our wetlands appraised for possible trade. Have applied for two matching grants from U.S. Fish & Wildlife Service. F JL Maintenance Shop Preliminary plans and specifications complete. F KK McCollum & Aliak, Set Net Dr., S. Ames Rd. LID's These LID projects are on a list for consideration by Council at a later date. Projects on hold until changes made or funding found. F JL Senior Kitchen Received Rasmusson grant, will begin design of project. Senior Director will seek further funding. STIP KK DOT - Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles... Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. STIP KK DOT- Kenai River Flats Interpretive Site This is the rest stop and Birch Island Facility near the Warren Ames Bridge. This project has been moved out of the recent STIP time frame. ~'uesday, December 28, 2004 Page 3 of 3- CITY OF KENAI FY 2006 BUDGET CALENDAR December 22, 2004 January 10, 2005 January 17 January 10 - Feb 14 January 31 February 14- 16 February 21 March 1-11 March 21 April 1 April 11 May 5 May 11 May 18 May 19 June 1 June 1 June 20 Budget Preparation Packets Distributed Overtime and New Positions Due to Finance City Administrator Decides On New Position Requests By This Date Finance Department Develops Revenue and Personnel Expense Estimates, Budget Formats & Tables Departmental Budget Submissions Due to Finance Budget Draft Reviewed by Department Heads Consolidated Budget Submitted To Administrator Department Head Meetings With Administrator Administrator's Budget Draft Finalized Budget Package to Council Council Budget Work Session Additional meetings as needed Motion to Set City Attomey and City Clerk Pay, if Changing Council Work Sessions Completed Introduction of Budget Ordinance Publish Notice 7 days prior to Public Heating Public Heating of Budget Ordinance Mill Rate Resolution Adopted Must be provided to the Borough by 6/15 Publication & Distribution of Budget Completed Finance website updated Introduced by: Date: Hearing: Action: Vote: 12/07/04 01/04/05 KENAI pENINs~A 'BOROUGH ORDINANCE 2004-19-29 AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT FROM THE U.S.' DEPARTMENT OF JUSTICE IN THE AMOUNT OF $2,473,693; APPROPRIATING $1,000,000 FROM'CENTRAL EMERGENCY SERVICES; AND APPROPRIATING $239,835 FROM THE GENERAL FUND FOR CONSTRUCTION OF AN EMERGENCY RESPONSE CENTER . . WHEREAS, Resolution 2004-003 supported the concept of a multi-use facility for E-911 Dispatch, Central Emergency serVices (CES) Administration, and a borough Emergency Operations Center and authorized the mayor to plan' such a facility on the borough-owned property located on WilsonLane in Soldoma; and WHEREAS.~ enactment :of Ordinance '20.03-19-40 appropriated up to $100,000 for the site' · evaluation and schematic design, of a new 'multi-use building on the above- described property; and WHEREAS, the assembly included a funding request in its 2003 Federal Priorities. Book requesting $5 million for an .emergency coordination center; and WHEREAS, the Borough has received notice of a grant award in the mount of $2,473,693 from the U.S. Department of Justice, Office of Community Oriemed Policing. Services (COPS) and has submitted a grant application to use grant funds for the constmction portion of the project; and WHEREAS, at its meeting on November 18, 2004, the CES Board of Directors approved the 'Concept of the Combined facility and the expenditure of up to-$1 million for this. project; .and WHEREAS, additional fimding in the amount of $239,835 is needed to Complete a usable 'facility for the intended purpose; and ' WHEREAS, it is expected that additional 'funding from the State Division of HOmeland Security and other granting sources will be available for purchase of communications and other equipment; and WHEREAS, housing a. 911 dispatch cemer, OEM Offices, and CES administrative offices together would promote efficiency, coordination and commun/cations, as well as provide a cost savings by making .maximum use of common building components; and Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2004-19.29 Page I of 2 WHEREAS, voter approval of this 'ordinance is not required by KPB 5.04.110 because the borough funds committed to this project total less than $1,500,000; NOW, THE~FO~, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the mayor is authorized' to accept a grant from the U.S. Departmem of · - Justice in the amount of $2,473,693 for construction of a multi-use emergency response center and is authorized to execute a' grant agreement and any .other documents deemed necessary to accept and 'expend. the grant and to fulfill' the intents and purposes of this ordinance. SECTION 2. That grant funds in the mount of $2,47-3,693 arc appropriated to account 455.53110.05EOC.499999 (911 Communication Capital Projects Fund). SECTION 3. That $1,000,000 is appropriated from the CES fund balance account to account 211.51610.00000.50455 (CES transfers) for costs associated with constructing the new facility. SECTION 4. That $239,835 is appropriated from the .General fund balance to account 100.94910.00000.50455 (Non-Departmental transfers) for costs associated with constructing the new facility. SECTIONS. That transfers from CES and the general fund .totaling $1,239,835 are .. appropriated to account 455.53110.05EOC.49999 (911 Communication Capital Projects Fund). SECTION 6. That due to the length and nature of this project, the appropriations established through this ordinance shall not lapse at the end of any particular fiscal year. SECTION 7. This ordinance shall become effective immediately upon its enactment. ENACTED BY TIlE ASSEMBLY OF TIlE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. " ATTEST: Gary Superman, Assembly President Linda S. Murphy, Borough Clerk Ordinance 2004-19-29 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska 162 KENAI 'PENINSULA BOROUGH. 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR TO' Gary Superman, 'Assembly President Members of the Kenai Pen/nsula Borough AsSembly THRU: 19/.~, Dale Bagley, Borough Mayor ,~cott Holt, Finance Director FROM: ~~. 'David Gibbs, Emergency Manager lC..0 Steve O'Connor, Acting Chief CES COPY: .Bonnie L. Golden, Grants Manager Walter Robson, Capital Projects Director Kevin Lyon, Project Manager FINANCE DEPARTMENT FUNDS VERIFIED ' ~'~o. ~79o~ :~.,-3z~ ~'~ ~,o ACT DATE: November 24, 2004 SUBJECT' Or -dinance No. 2004-19- ,~ ~ · ApPropriating ~funds for the c°nstmction of a new Emergency Response Center' Earlier this year the Assembly approved' the concept of a multi-use facility to house the E-. 911 Dispatch, Central Emergency Services (CES) Administration, and the Borough Office of Emergency Management. In addition, $100,000 was appropriated to conduct a site evaluation and development of a schematic design. The .site evaluation has been completed; the .design work will be completed before the end of the year. . The attached ordinance is presented to the Assembly for approval and appropriation of funding for construction. There are three funding sources for the project: a grant from the U.S. Department of Justice COPS program,. Central Emergency SerVices, and Borough general funds. After c°mpletion of the design phase, and when the user groups can determ/n.' e the appropriate allocation of costs, if a change is needed the assembly will be presented with an ordinance reappropriating the local funds to. reflect the percentage of costs for each occupant of the facility. Accounting for inflation and equipment costs, the total mount for the project is nearly $5.3 million. A breakdown of the project costs are shown below in the Grant Project Cost Estimate, prepared by the Borough Capital Projects. Department on June 21, 2004. Funding from the 2004 Technology COPS grant will be used only for'the construction portion of the project, estimated to be $3,539,765, including contingencies. CES funds and general funds will be used Memo to Assembly Appropriation of Funds for the Emergency Response Center November 24, 2004 Page 2 of 2 to cover other project costs. Grants awarded to the Borough for communications will be used for some of the equipment costs. As the total mount of borough funds committed to this project is less than $1,500,000, voter approval is not required by KPB 5.04.110. At its meeting on November 18, 2004, CES approved the expenditure of up to $1 million for this project. The DOJ grant and CES funding should be sufficient to complete a usable facility. The following chart indicates the various fund~g sources for each portion ofthe project. Cenixal 2004 Technology Emergency Borough Other Gram Description Cost Grant ,,, Services ,General Funds ,,Funding .. Construction Co_~-~s - , G~al Requirements $460,000.00 $333,693.00 $126,307.00 . Site work $400,000.00 $400,000.00 . Building ,Constructi~ $990,000.00 $990,000.00 Mechanic! $400,000.00 $400,000.00 Electric~ ' $350,000.00! $350,000.00! Construction Contint~'nc¥ $260,000.00 $20,165.00 $239,835.00 .. $2,860,000.00 'A&E , Schem.v_'c $75,504.00 $75,504.00 .... $60,446.00 $24,496.00 Design dev¢lopm~t $84,942.00 . Construction Docum_~ts $78,650.00 $78,650.00t Bid- Construction M~t. $75,504.00 $75,504.00! $314,600.00 Other Costs - [Contract Admin. & Co~_~. Mn~[t. 5% $143,000.00 $143,000.00 Reproduction & Advertising: $6,000.'00 $6,000.00 Land $60,000.00 $60,000.00 . Pmwits: $20,000.00 $20,000.00 $2~_9,000.00 Project Contingency 4% $136,144.00 $136,144.00 Inflation 3.5% for24 months = 7% of construction costa $273,784.00 $273,784,00 . Equipment costs (Additio~ Grant) $1,500,000.001 $1,500,000.00 Total $5,313,528.001 $2,473,693.00 $1,000,000.00t $339,835.00 $1,500,000.00 · The construction of the Emergency Response Center will greatly enhance the effici .ency and effectiveness of all .the agencies utilizing the facility. The.Center will be constructed and equipped in a manner that utilizes modern'technology, and economy of scale to reduce costs and improve .services. Your consideration of this funding request is appreciated. Attachments: Ordinance, Award notice 164 04/19/04- 14'22 PA..,~. 2022054544 COPS OFI;'I~ I~ 0'0]./o04 · !41o1 i C~OflflllZldlYY OlUI#TI:~ WOUI~I#~ 8SliVICJ:I 2004 TechndogY Program T';O0 Vermont Avenue, NW We~ington, D.C. 20530 FAX COVER SHEET From: Date: April 20, 2004 Number of pages (including cover)' 4 Congratulations on your-2004 COPS Technology Initiative grant, Included In this fax Is the Background Information Form (BIF) that must be faxed to the Technology Control Desk at 202-616-9612 or · 202,5t4-9.407 ~- 'Failure to fax the completed BIF by the deadline will cause a delay in your.agency's ability to access your -. -awarded funds, When completing the BIF, the Law. Enforcement Executive (LE) and . Government (GE) can.pot_ be the same person, Also., both the LE ,and GE must have the ultimate signato*ry authority to sign contracts or~' behalf of the agency identified as the Organizati°n's "Legal Name · (BIFPagel').. If you have any questions, please call me at the above number, Thank you. Confidentiality N~ce: The material tr=nsm~e0 herein is [nte~ed only for ~e use of the a(~dressee, and may contain information that cons~utes work prod~ct, or ts subject to attamW-client privilege, or is ~nrglential and exempt from disCloeure under appiicaDto la~v, DLsserninattort, dlatrib'dtJon, or copying of tttl$ communication or reliance upon its contents by unauthortZ~ h,av~ received this communica~on in error, please notify us immecfiatetY by telephone and recipients is strictty prohibited, tf ~ou . . . return the oflginat to us via [he U.S. Postal Sen/Ice, Centr.al Emergency Services.. Central Kenai Peninsula Fire & EMS Providers Steve O'Connor Fire Chief DATE: November 19, 2004 TO: Bonnie Golden, Grants Coordinator FROM: Steve O'Connor, Chief SUBJECT: Approval of participation and appropriation of Service Area funds towards the construction of an Emergency Response Center On November 18, 2004, during the CES Board meeting, the Board of Directors considered the participation' of Central Emergency Service Area and the appropriation of up to $1,000,000 of Service Area funds towards the construction of the .Emergency Response Center. The Board recognizes that housing the Central Emergency Service Area administrative offices~ the Office of 'Emergency Management, and the 9-1-1. dispatch center in a common, facility would promote optimum efficiency and utilization. - . Participation in and appropriation of Service Area funding requires the approval of the CES Board of Directors. During the Board meeting Board member Mr. Chambers made the MOTION to participate in and appropriate up to $1,000,000 in Service Area fun~g t/)wards the construction of the Emergency Response Center, and Board member Mr. Larson'seconded. Motion passed. Ed Oberts, Assistant to the Mayor Colette Thompson, Borough Attorney. Fire Administration · 231 South Binldey St. · Soldotna, Alaska 99669 (907) 262-4792 · Fax (907) 262-5775 · www.cesfn'e.o-rg 166 Introduced by:' Date: Hearing: Action: Vote: ' Mayor 12/07/04 01/04/05 KENAI PENINSULA BOROUGH ORDINANCE 2004-19-30 AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT FROM THE STATE DEPARTMENT OF HEALTH AND SOCIAL SERVICES IN THE AMOUNT OF $927,151 FOR THE SOUTH PENINSULA HOSPITAL EXPOS'ION PROJECT. WHEREAS, in 2003 the voters of the South Peninsula Hospital Service Area approved the expendi~ture-of $17 million for capi.tal improvements to the South 'Peninsula Hospital; and WHEREAS, Ordinance 2003-19-17 apPropriated bond proceeds- of $10,5'00,000 $6,500,000 from hospital retained earnings into a project'account; and and WHEREAS, the Service Area wishes to supplement its fund~g obligation through receipt of state and federal grants; and WHEREAS, the Denali Commission has established a program, which is administered by the Alaska Department of Health and Social Services, to provide funding for health and social service projects in Alaska communities; and WHEREAS, the South Peninsula HOspital. submitted an application to the Denali Commission to request funding for the hospital expansion project; and WHEREAS, South Peninsula Hospital has receiVed notice of award of a grant in the mount of $927,151 for construction and renovation of the hospital; and WHEREAS, the grant program requires a minimum cost share match in the mount of 50 percent of the project, or in this case', an additional $927,151; and WHEREAS, funds to meet the match requirement are included in. the funding for the South Peninsula Hospital expansion project, and are available in account _ 401.81211.04SHB.49999; and WHEREAS, at its regularly scheduled meeting held November 17, 2004, the South Peninsula Hospital Inc. Board passed.a motion recommending that the service area board accept the grant and request the assembly to appropriate the funds to the construction project; and Kenai Peninsula Borough, Alaska' New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 200~- 19-30 Page. I of 2 WHEREAS, at its regularly scheduled meeting held December .2, 2004, the South Peninsula :. Hospital Service Area Board recommended .; and NOW,'TltEREFORE, 'BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the' mayor is authorized to accept a grant from the Alaska Department of .Health and Social Services in the mount of $927,151 for construction and renovation of the South Peninsula Hospital and is authorized to execute a grant agreement and any other documents deemed necessary to accept and expend the grant and to fulfill the intents and purposes of this ordinance. SECTION 2. That grant funds in the mount of $927,151 are hereby appropriated to account 491.81211.5SHDC.49999. SECTION 3. That due to the length and. nature o.f this project, the appropriation established through this ordinance shall not lapse at the end of any particular fiscal year. SECTION 4. This ordinance Shall become effective immediately upon its enactmem. ENACTED BY 'TILE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. ATTEST: Gary 'Superman, Assembly Presidem Linda S. Murphy, Borough Clerk Ordinance 2004-19-30 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 2 168' KENAI-, PENINSULA OROUGH ~., '--'~~~ .. 144 N. BiNKLEY , SOLDOTNAi ALASKA '99669-7599 DALE BAGLEY MAYOR TO. THRU: COPY: Gary Superman, Assembly President Members of the Kenai Peninsula Borough Assembly Dale Bagley, Borough Mayor Scott Holt, Finance Director Walter K. Robson, Capital Projects Director Karen Berg-Forrester, South Peninsula Hospital Service Area Board Chair Charlie Franz, South Peninsula Hospital Administrator FROM: Bonnie L. Golden, Grants Manager DATE: SUBJECT: November 24, 2004 Ordinance 2004-19-_~_~__: Accepting and appropriating a grant from the Alaska Department of Health and Social Services in the amount of $957,151 for construction and renovations at South Peninsula Hospital In July 2003, a majority of South Peninsula Hospital Service Area voters approved the issuance of up to $10.5 million general obligation bonds for capital improvements associated with the hospital. An additional $6.5 million was contributed toward the project from the hospital's retained earnings account. The hospital has been able to supplement its contribution through receipt of state and federal grants. In 2003 it received a $250,000 grant from the Alaska Department of Health and Social Services ("DHSS") t° purchase and install an oxygen generating system. It has recently. received notice of award of a second grant in the amount of $927,151 from DHSS for construction and renovations. Specifically, the hospital will'apply the second grant toward construction of the new emergency department, which is part of the overall expansion project. The grant requires a cost share on a 50/50 ratio, or an additional $927,151. Since there is $17 million in the project account, there is more than sufficient funding to meet the match requirement. The South Peninsula Hospital Service Area Board is scheduled to meet on December 2, 2004. Acceptance of the grant and expenditure of the matching funds for this project is on its meeting agenda. In addition, the South Peninsula Hospital Inc. Board met on November t 7, 2004, and passed a motion recommending that the service area board accept the grant and request the assembly to appropriate the funds to the construction project. The actions of the service area board will be provided to the Assembly on or before the public hearing date for this ordinance, scheduled 'for January 4, 2005. '-'---'--' ..... "-'~--~------~ FINANCE DEPARTMEN¥' ' FUNDS VERIFIED' Attachments: Ordinance, Notice of Award ACT # DEPT. OF HEALTH AND SOCIAL SERVICES OFFICE OF THE COMMISSIONER FRANK H. MURKOWSKI~ GOVERNOR ~. Box 11o6oi JUNEAU, AI.~KA 99811-0601 FA~' ;07) ~5-~ September 7, 2004' Mr. Mark Tallcy, ChiefFinanoial Officer South Peninsula Hospital, Inc. 4300 Bartlett Street Homer, AK 99603 Re: Grant # 06-4-C-5015 Dcm' Mr. TalleT: On behalf of fl~c Department of Health and Social Services, I am pleased to inform you that your agency ha~ been awarded $g82,738.00 in capital.funds for the ~ew construction of nursing beds and renovation of the South Peninsula Hospitals, Long Term Care and Rehabilitation. These are Federal funds that tho Department of Health and Social Serviee~ is administrating in m°perafion with tho Denali Commission. Michael Frawloy, our Grants Administrator, will bo in contact with you to obtain the n~sary information so that a grant agreement can be dmftocl. If you have any questions concerning this grant, please contact Miehael'at 907-465-3942 or e-mail him at Michael_Frawley~health.smte. ak.us. We 10ok forward to working with you tn complete this project. S~erely, ~j_ofGilbe~on, Commissioner. 170 DEPT. OF HEALTH AND 'SOCIAL SER¥1CE$ OFFICE OF THE COMMISSIONER FINANCE A ND MANAGEMENT SER VICES FRANK tt. MURKO W$1t7, GO V. ERNOR ?, o. Box, //o~$0 Juneau, ,4K 99~1 l-Oa.~O Phone: (907) 465-$0~2 Fax: (907} 4653499 October 20, 2004 Amendment # 2 Grant Award 06-4-C-$015 All changes to the award conditions are noted below, Grant # 06-4-C,5015 This AmendmCn~t reflects the additional funding allocated under Amendment I of Financial Assistance Award 010 I-DC-2003-114. Please note that an additional $44,413 has. been added to this sub-award. Original Award Under Financial Assistance Award 0136-DC-2004-I22 $882,738 Additional funding under Amendment 1 for Financial Asaistanc¢ Award 0101-DC-2003-I14 Total Award from the Dcnali Commission for Great # 06-4-C.5015 . / $44,413 $927, I51 There are no other changes to the original grant agreement, as amended, Agenda for Monday, December 13, 2004 Challenger's Center 9 a.m. to 12-.00 noon 9:00 a.m. OPENING Introductions Agenda & Meeting Notes Appreval 9:15 a.m. TECHNOLOGY INTRODUCTION-Fred Esposlto 9:30 a.m. AWIB LETTER & FOLLOW ACTION 0:00 a.m. WHERE DO WE GO FROM HERE? 11:45 a.m. CLOSING Summarize Follow Up Action Items Next Meeting Date & Agenda Items' 12:00 p.m. ADJOURN Action Items: Kenai Peninsula Regional Advisory Council November 2, 2004, 9:00am Meeting Notes Attendees: Bill Popp, Jack Brown, Colleen Ward, John Parker, Mayor Williams, Sammy Crawford, Walt Ward, Blake Johnson, Gary Turner, Casey Reynolds, Fred Esposito, Ted Burke, Kirk Roesing, Carolyn Vanzant Part One: Vision Statement Bill began the meeting with stating we are in the final phase of getting the application submitted to the AWIB. Bill stated that the Vision Statement needed re-drafting and this was reviewed by the group and there was discussion regarding broadening the scope. Mayor Williams stated that we have always been able to pull together when the time is fight and something needed to be done and stated that we had a Kenai Caucus much like the Southeast Conference. Mayor Williams stated that the caucus banded together forming a group to take care of similar interests with economic growth. The Kenai Caucus had representatives from every city and every chamber including business as well giving all parties a voice. The caucus assessed themselves dues at .25 cents per capita- City of Kenai average contribution was $1700.00. The collected dues maintained the support needs as well as allowed for lobbyist activities in Juneau. The Kenai Caucus group became a body that the legislation recognized and sought out prior to making decisions. Mayor Williams went on to say that the caucus served its purpose, had many successful projects and eventually dispensed due to meeting its need and not having a permanent gatekeeper. Mayor Williams stated the need to be prepared and spoke of the colleges first building, which was a lab that was built for training purposes for the pipeline days specifically for waste water treatment training. He stated there are three things you must consider: need, timing and oppommity to be successful. John Parker stated that they had a 2 million dollar Kellogg Foundation grant project where they were putting together the grant proposal and the coalition at the same time and they really needed to formulate the coalition first before they put the proposal together. How do we pull together a strong voice that we do not have now? He went on to state that the Denali Commission shouldn't dangle us, and we need for form an advocacy group vs. an advisory group for Anchorage. We need to broaden our mission and work together to support projects that benefit all. He stated that we should look at the proposal we are currently working on now as a.compartment of a bigger picture and just keep the application simple - no need to unveil all fight now. A few different Vision Statements were considered, agreed to utilize the following: however the group "Promotes economic diversity, stability and community development through a flexible and skilled workforce strategically developed and responsive to industry and advocating for the region at the local, state, national and global level." Part Two: Regional Description Action Item: Gary suggested inserting into this section the household income decline and graying of the population data. Part Three: Start Up Process No changes. Part Four: Coordination This section was thoroughly reviewed and many edits were completed impromptu at the group's request. Conversation ensued regarding the need to change the name of the committee to better represent its purpose and the following were considered: Kenai Peninsula 0ppommities Coalition KPOC Kenai Peninsula Labor Action Network KPLAN Kenai Peninsula Workforce Opporttmities KPWO Kenai Peninsula Association for Regional Development KPARD Kenai Peninsula Development Coalition KPDC Action Item: The group agreed on amending the proposal language from Regional Advisory Council (RAC) to Kenai_Peninsula Development Coalition (KPDC). Part Five: Support From Employers Kenai Chamber and Kenai City Council have drafted letters of support that will be submitted with the proposal. Mayor Williams suggested obtaining a letter from Kenai Peninsula Borough. John Parker suggested letters from people who were present at the meeting as well. Action Item'. Bill asked if there were any problems with group members submitting letters of support prior to Friday, November 5th and he agreed to draft language and addressee information. The group agreed to submit their letters and Bill agreed to obtain a letter from KPB. Next Meeting Considerations Casey stated that he wanted to share something with the group to consider for the next meeting that he and John had discussed so everyone had time to think about how this coalition could be structured. Casey drew up a diagram of a circular structure that had Economic Development in the middle with overlapping circles with various entities such as healthcare and education. He also drew up another diagram stating that there .could be various levels to the structure beginning with a "committee of whole" that could focus on networking and bringing projects together. The next level ascending could be "strategy" with 3 representatives that sets the priorities and centers the coalition. Then the highest ascending level could be called "senior statesmen" who know how to access the legislation, Governor, Washington D.C., etc. He stated that the statesmen needed to be individuals who are no longer politically involved, yet know how to obtain access and that everyone could bring their ideas to our next meeting of whom this could possibly be to represent this coalition. Next Meeting: December 13, 2004, 9:00am. - noon, Challenger Center Fred Esposito and Mayor Williams will work on audio conferencing being available at this meeting. Bill provided contacts to Fred to assist in possibly utilizing new Illuminate Technology conferencing software for this meeting, and Bill agreed to cover the cost if feasible. Department of Revenue State of A~aska (-- -~' ~'~a& Tax Division, Gaming Group 2005 Gaming Permit Application / ~ ~ PO Box 110420 AS 05.15.020 Juneau, AK 99811-0420 | U~ . Telephone 907.465.2320 / - ~' O ~U~]~ ~ This form is also available on the/ntemet at www. tax. state, ak. us/forms, asp ORGANIZATION INFORMATION -- ' -- -. ' ...... Federal Employer lclentification NumOer (EIN) i Permit Number 92-0162358 ___ ~ ~ RIVER PROFES$[~ GUIDE ASS(X:IATION, INC. (907) 262-5097 (message) Mailing Address Fax Number P.O. Box 3674 , , TYPE OF ORGANIZATION. (Chec. A one box. For definitions see AS 05.15.690 an0 15 AAC 160.995.) .... r-'] Charitable ~ Fraternal r-'] Police or Fire Department ~ Civic or Service [-'] Labor [--] Political r'~ Dog Mushers ~--] Municipality r'-] Religious [-'] Educational ~ Non Profit Trade Association r"'] Veterans ~ Fishing Derby [--'] Outboarct Motor Association r-] IRA/Native Village ORGANIZ_ED AS I[~ Corporation r"'] Partnership ~ Association . J PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the organization. Persons may not be licensed as an operator, vendor, or employee of a vendor. PrimaryMeml:)eCs FirstNam' IMi~ IPrimary Member', Last "ame~ . ROBE:EtS[JOs~lAItemateMember's First Name ! J. I ['~A~I~ IM'I' I AItemate Member'$ Last Name Social Security Number Daytime Telepl~one Number I Sociat .~':.urity Number I Daytime Telepllone Number (907) 262-8518 I , I (907) 262-6~ Home Mailing Address l,om,Mailing Address P.O. Box 1106 Box 3132 ! I SOI.IXTII~ 99669 'SO~ AK 69 Has tine primary member taken ana passecl me test? ]~[]Ye, r--] No Has tine alternate member taken and passed the test? ~[]{{¥" L_J No Permit number under which the test was taken. J Permit number under which the test was taken. 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 mem0er of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.954? 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. I' ' ['Date Prima~ Member §ignature,d, / / Pdnted Name c /...<,'1 c C /',.,,.,_.q Permit Fee: Check the appropriate box and enclose the correct amount. The permit fee is based on 2004 estimated cjross receipts. Make Checks Payable to the State of Alaska , ~ $0 - $20,000 = $20.00 1-'1 $20,001 - $100,000 = $50 I---I $100,001 or more = $100 Form 04-826 Application Front (Rev 09/04) Page 1 2005 Gaming Permit Application Organization Name ~T RTVER PROFF-~SIONA]. GUTnE A.~SOCTATION: GAME TYPE. (Use for completing information below.) ~ Bingo ~ Deep Freeze Classic ~[ Raffles r"-] Dog Mushers Contest ~ Puli-Tabs ~ Fish Derbies r-'1 contest of Skill [-~ Goose Classic ~ Canned Salmon Classic r--] ice classic ACTIVITIES CONDUCTED BY ORGAN!~'ATION Facility Name Physic-a! Address r-~ King salmon classic ['~ Mercury Classic r'-] Race classic -=] Rain Classic  Salmon Classic RAFFLE TICKEI~ WH2. BE SOLD BY KRPGA. IPermit Number r--! Snow Machine Classic ~ Special Draw Raffle I'"-i Animal Classic (Rat Race) [""] Animal Classic (Chicken) Game Type(s) Is Facility I I Owned r-'] Leased ~ Donated MMviBERS WITHIN KENAI PflqINSUIA BOROUGH, CI17f OF KEqAI, CITY OF SOIi)(IllqA. DRAWING WILL OCOJR AT RUBle'S IN [~lqAI, AK. Owned Leased Donated L...J owned r"-] Leased ~ Donated L_J owned ["-] Leased [-'] Donated MANAGER OF GAMES. As defin ?ed in '15 AAC 160.995 and 15 AAC 160.365. (if you have indicated a self-directed bingo or pull-tab game above, then you nccd to appoint a manager below.) i Home Mailing Address City IState IZiPC°de ACTIVITIES CONDUCTED BY VENDOR. (Pull-tabs are the only games a vendor can conduct.) Vendor registration and fee must be attached, ACTIVITIES CONDUCTED BY OPERATOR ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE DEDICATION OF NET PROCEEDS. The organization must 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 Form 04-826 (Rev 09/04) Back Department of Revenue State of Alaska Tax Division, Gaming Group 2005 Gaming Permit Application PO Box 110420 AS 05,15.020 Juneau, AK 99811-0420 Telephone 907.465.2320 This form is also available on the Internet at www. tax. state, ak. us/forms, asl~ ORGANIZATION INFORMATION E~ployer Identification Number (EIN) Permit Number -0100'717 Name Address TYPE OF ORGANIZATION. (Check one box. For definitions seeAS 05.15.690 anc115 AAC 160.995.) I I Charitable r"'l civic or Service Il'-! oog Mushers fidumtional L,l Fishing Derby ORGANiZ~ AS Corporation Date Stam Number Fax Number E-Mail Address L~ Fraternal r"'! Police or Fire Department I'""] Labor I-'! Political !~ Municipality r"'] Religious E::] Non Profit Trade Association r'"'l Veterans E] Outboard Motor Association r'"! IRA/Native Village Partnership r-1 Association P~SONS IN CHARGE OF GAMES. Persons must be active members of the orgamzation, or an employee of the municJpalfty, and cles~gnate0 by the organization. Persons may not be licensecl as an operator, vendor, or employee of a vendor. Member's First Name Primary Member's Last Name Secunlv Nun'iDe~- Daytime Telephone Number Mailing Address / ~ Code Has the Ixirnary member taken and passed the ~[~' es No Permit number under which the test was taken. THESE QUESTIONS MUST BE ANSWERED. (See instructions.) Alternate Members First Name Number Home Mailing Add~;e-sS Members Last Name O Daytime Has the alternate member taken and passe(] the Permit number under which the ~$t was taken. Number //.7 Cod~ ?q4// I; e, r"'! Yes ']~No Has any member of management or any parson vv~o is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or orclinance of this state or another jurisdiction that is a crime involving theft or clis~  or a violation of gaml31ing laws? r-] Yes No Does any member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.9547 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. Name Date Pdnted Name appro The permit fee is based on 2004 estimated Iross receipts. Make Checks Payable to the State of Alaska I I $0. $20,000 = $20.00 $20,001 - $100,000 = $$0 r-i ' $100,001 Two copies of this application must be sent to all applicable municipalities ~r?aRd boroughs, See instructions for mandatory affachments. Form 04-826 Application Front (Rev 09104) Page 1 ._ De;arl~ent of Revenue State of Alaska T~x ~dion, Ga~ng ;~,= 2~ Purl-Tab Vend;r Regi~~ ~0 ~ ~1~;0 ~ 05.15.020 Tel~one ~7.4~~ A ~~e may no: ~n~ w/th ~ ;nan ~ ~n~. I ! OR~~ON ~~~ -- i ~~R I~0~~ 0 Fax NumMr VENOm CONTRACr TO ~ELL PULI.TAll net of ea~ ~ ~y ~ ~n~ ~ the ~or as ~~~t~on. Pe~e m~t r~e~ at ~ast 70% ~ ~a [dea n~ from ea~ g~. The vendor further agrm that an amount eflual to the iclem: ne[, le~ the com~n~t~n owed to ~e vendor, sl~all t~e Daid Dy chec~ by the vendo~ to the perm~ Ul~t deliv~ of a pull.taD series, AS It is further agreed that the vendor will ens',~e pull-taD winner~ of $50 or n'~m wiJl oomp~ete the prize receipt forms; that the prize wi~er turrrnaq/ form ~ll be complela~ far each pulI-U~ game and retained with tho~e winni.,,:j pul~abs (AS 06.16.187(i)): and that ~hese records of pua.laO winnem will I~ given to ti1® petmlttee to retain for the re<wired twa years. AS 05.15.187(0. It iS fuftl~er'agmed that It I~ the venders responsibility to ensure gamin9 a~vitv at ~b vendor Iocatio~ is conductecl in a<~e~a~ w~th all applicM}le: state atatute~ and regulation& It is ~J~r agf~,KI ~at, il'l~e mnctor L~ no longer eligible to Sell Dull.tal3e, then all unopenea aha o0ened pul-tab gamin ~all I:e returm<l to ~e pefmiaee wigan 10 day~. If the pem~ittee leMI ~e privilege to conauct gaming activities, l~n ail unopeee~3 and opened pulktaO gamfl mu~ I~ reared in a~~ wilh 16 AAC 160.490. We Oeolam u~e,,'penany of unswom fa~n ~t ~ ~ exemi~d ta= ~, in~~ a~~ee~, ~ m~ ~ me ~ ~ o~ ~ ~ ~k ~ ~ ~ ~eM. ~ ~~~.?, a~ ~M ~m~t m,~ ~,,~ ~~ ~ ~~n= ~ p~he~e.~.~w. _,,,,__ . i~~~~~ -~' ' ~~ ',,~~--: - _~----,'" ,o.,-" .-"i~ Reg~~ion ee~ ' '" $50 · Make ~e~ payable to the ~ete of'Al~e. 111 _ · . il _ ~ R~~n fo~ m~t ~ a~~d to an aG~ica~en fo~ w~n aubmJ~ng to t~ 8~ ~ Alaska. . .. Department of Revenue Tax Division, Gaming Group PO Box 110420 ',~neau, Alaska 99811-0420 ~lephone 907.465.2320 State of Alaska 2005 Puli-Tab Vendor Registration .-AS 05.15.020 A registration is required for each vendor location. A permittee may not contract with more than 5 vendors. This form is also available on the Internet at www.tax.state.ak.us/forms.as0 ORGANIZATION INFORMATION ,Fed. EIN ~.~/ -~ iPerm,t NubOer ' Date Stamp 1'--9 '-0100 tlo. ne Num? I VENDOR INFORMATION Fede_.ral EIN or Social Secunty Number' Ic> ©7 iBuS~ss Name ' us,7..5%-g.u' Fax Numl0er IMai~ Address ~ I Physica, Location Address ' 0 n q _ ~ l prov,oe your ~,., S~~ Num,,. , THESE QUES~ONS MUST BE ANS~RED BY ~E VENDOR. (If you answer yes to e~t~er question, plea~ suOm~t the ~n's na~. date of numar, and ~~ of res~nsibiliN.) ~Yes ~No Has any mem~r of management or any person who ~s res~ns~ble for gaming activities ever ~n ~nvicteO of a felony, exto~ion, or a vi~t~n of a law or ordinance of this state or another lUnSdlCt~on that ~s a cnme mvolwng theft or 0is~ones~ or a wolation of gambling la~? ~Yes ~NO ~ you emp~ or have a ~nEact with the primaw or alternate mem~r ~n c~arge, officer. ~rd mem~r or manager of gaming for the a~ ~aniza~n? ~Yes ~No ~ you have a ~ntmct other than a vendor ~ntm~ with the organization I~st~ a~ve~ .SNDOR CONTRACT TO SELL PULL.TABS Pursuant to AS 05.15.188, the vendor listed above hereby agrees to sell pull-tabs as a vendor on behalf of the permittep~listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull-tabs on behalf of the permittee, ~ % of the ideal net of each game may be retained by the vendor as compensation. Perm;ttee must receive at least 70% of the ideal net from each game. AS 05.188(h). The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the permittee upon delivery of a pull-tab series. AS 05.15.188(i). It is further agreed that the vendor will ensure pull-tab winners of $50 or more will complete the prize receipt forms; that the pnze winner summary form will be completed for each pull-tab game and retained with those winning pull-tabs (AS 05.15.187(0); and that these records of pull-tab winners will be given to the permittee to retain for the required two years. AS 05.15.187(0. It is further agreed that it is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. It is further agreed that, if the vendor is no longer eligible to sell pull-tabs, then all unopened and opened pull-tab games shall be returned to the permittee within 10 days. If the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull-tab games must be treated in accordance with 15 AAC 160.490. We declare under penalty of unswom falsification that we have examined this form, including attachments, and that to the best of our knowled~ and belief it is true and complete. We understand that any false statement made on this document or attachments is punishable by law. Printed Name Date Registration Fee $50 Make checks payable to the State of Alaska. Validation Number This Registration form must be attached to an application form when submitting to the State of Alaska. Form 04-854 (Rev 09104) LIST OF KDLL MEMBERS 1.Allen & Mari Auxier P. O. Box 1581 Kenai, AK 99611 260-6659 2. William & Susan Hatch P. O. Box 2305 Kenai, AK 99611 283-5122 3. Fred Hays 514 Overland #29 Kenia, AK 99611 283-8459 4. Mark & Nancy Schrag 312 Princess St. Kenai, AK 99611 283-9328 5. Marion Nelson P. O. Box 3612 Kenai, AK 99611 283-4632 6. John & Glenda Landua 1520 Toyon Way Kenai, AK 99611 283-3851 7. David Johnson P. O. Box 678 Kasilof, AK 99610 262-9689 8. Joan & Mike Merrick P. O. Box 4110 Soldoma, AK 99669 262-0434 9. Betty & Chuck Obendorf P. O. Box 2335 Soldoma, AK 99669 262-9890 10. Steve Horn 292 Arlington Ct. Soldotna, AK 262-1831 11. Roy & Barbara Mullin 173 E. Redoubt Soldoma, AK 99669 262-2712 12. Vicki & Glenn Tinker P. O. Box 2342 Soldoma, AK 99669 262-1576 13. Bob & Carol Van Der Wege P. O. Box 1312 Soldoma, AK 99669 283-0416 14. Mary Pieper P. O. Box 1962 Kenai, AK 99611 283-1056 15. JeffLaube P. O. Box 8636 Nikiski, AK 99635 776-5663 16. Jeff Tucker 379 W. Katmai Soldoma, AK 99669 262-0948 17. Jay Barrett P. O. Box 821 Kenai, AK 99611 398-1868 18. Byron & Janell Grenier P. O. Box 6943 Nikiski, AK 99635 776-5684 19. James E. Fisher 171 Farnsworth Soldoma, AK 99669 262-9601 20. Rob Ernst 46430 Jake's Way Kenai, AK 99611 776--8650 21. Erin Knotek Mile 36.2 Seward Hwy. Moose Pass, AK 99631 288-3674 22. Marcia Beauchamp P. O. Box 2554 Soldotna, AK 99669 2604078 23. 24. 25. 26. 27. 28. 29. 30. Joan & Glen Schrader P. O. Box 1264 Kenai, AK 99611 283-4359 Phil & Chris Sonnichsen 36855 Chinulna Kenai, AK 99611 283-7128 Carol & David Unruh 53645 Timberlane Kenai, AK 99611 776-8207 James & Diana Ziml 220 Spur View Dr. Kenai, AK 99611 283-5400 Debi Barker P. O. Box 361 Clam Gulch, AK 99658 260-4115 Brenda Pilgrim-Ahlberg P. O. Box 1611 Kenai, AK 99611 260-9432 Kim & Dave Delay P. O. Box 1197 Anchor Point, AK 99556 235-8497 Harold & Elisabeth Hallford 53370 Ness Rd. Kasilof, AK 99610 Department of Revenue State of Alaska Tax Division, Gaming Group 2005 Gaming Permit Application PO Box 110420 AS 05.15.020 Juneau, AK 99811-0420 Telephone 907.465.2320 This form is also available on the Internet at www. tax.state, ak. us/forms, asp ORGANIZATION INFORMATION FeOeral Emptoyer Identification Number (EIN) i PermJt Number Date Stamp Organ~zat~on'sName~ ... r ~ . i' , ~ .,. ~, _ , Telepnone Number Mailing Aedress ,..J Fax Number 'Pc> qbT-q l- 'City State " [Zip Cocle I .-Mail Ad,dress ,, TY O ORGANI~_~TION. (Cl~eck one DO×. For 0efinitions see ^$ 05. ~ 5.~0 and 15 ~C 1 ~ Charitable 0 Fraternal r-l Police or Fire Department r'-] civic or Service ~ Labor ~ Political E og Mushers [-'] Municipality r'"] Religious ducationai ~ Non Profit Trade Association ~ Veterans O Fishing Derby O Outboard Motor Association O IRA/Native Village ORGANIZED AS .. / [['-] Corporation r'~ Partnership [~/Association PERSONS IN CHARGE OF GAMES. Persons must be acave members of the organization, or an employee of the mun,:ipalrty, ancl designatecl by the organization. Persons may not be ticensecl as an oDerator, vendor, or eml31oyee of a vendor. Primary Members First Name ]M.i. Primary Members Last Name So,al Security Number Daytime Telephone Number Home Mai'ling Address ' ' Has the pnmary member taken an(:l passed the test? r~Yes i'"~ No Permit number under which the test was taken. I ',~;;~"--' ,, , THESE QUESTIONS MUST BE ANSWERED. (See instructions.) I AJternate Members First Name So.al Secud~ Number r"'] Yes [~'No Yes I M.I. IAItemate Member's' Last Name I D_ayame Teidphone Number Home Ma~ling Address · i S~te _ izi~ coae Has ~e a~temate mem~r token and m~ me test? ~Yes ~No Pe~ numar under w~i~ the test was ~ken. /~ 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 orclinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? Does any member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.9547 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. I Primary Member :~ignature" /~ /3. __ Printed Name ~, i IPre~i:l~t~t or Vice-Pre.,,%de~nt Signature (See instructions.) Pdnted Name .., / IDate " C' ' I ' ' The permit fee is based on 2004 estim~ated gro~s receipts. Make Checks Payable to the State of Alaska ID $o-$ o.ooo= $ o.oo °° D ,oo.oo ioo Two copies of this application must be sent to all applicable municipalities and boroughs. See instructions for mandatory attachments. 2005 Gaming Permit Application k} GAME TYPE. fUse tor comp~eung ~nformauon ~)e~ow ) R"ngo affles [~ Puli-Tabs Contest of Skill Canned Salmon Classic Deed Freeze C;ass;c Dog Mushers Contest F~sn Derbies  Goose Class~c F -] Ice Classic ACTIVITIES CONDUCTED BY ORGANIZATION Ktng Salmon Classic Mercury Classic Race Classic Ram Classic Salmon Classic Snow Macmne Classic SpecIal Draw Raffle Ammal Classic (Rat Race) Ammal Classic (Chicken) onsed ated FI Leased F-] Donated MANAGER OF GAMES. As defined in 15 AAC 160.995 and 15 AAC 160 365. (If you nave indicated a self-directed b~ngo or pull-taD game above, then you need to aDoomt a manag ACTIVITIES CONDUCTED BY VENDOR. (Pull-tabs are the only games a vendor can conduct.) Vendor registration and fee must t~e attached. Name of Vendor Physical Address Name of ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE DEDICATION OF NET PROCEEDS. The organization must 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 P. affie Locations- All facilities Donated -~' Avenue Fairbanks AK. 99701 !. 675, ..... 2. '601 C Street Suite 460 Anchorage. AK 99~24 3. !0002 Glacier Hwy. Suite 201 Juneau..,~K 99801 4. ':01 Katlian Street, Suite 107 Sitka, AK 99835 1131" Kenai Spur Hwy. Suite '~ Kenai..aK 99611 U.S. Department of the Interior Minerals Management Service Office of Ptiblic Affairs For Release: December 27, 2004 Release' 3210 MMS to Evaluate Oil and Gas Sal Contact: Tina Huffaker (907)-334-5207 1-800-764-2627 akwebmaster@mms.gov ,k Inlet The Minerals Management Service will evaluate a second sale in the federal waters of Cook Inlet.. MMS today issued a Request for Information and Notice of Intent to Prepare an Environmental Assessment for Cook Inlet Sale 199, Cook Inlet Sale 199 is tentatively scheduled for May 2006, with a goal of supplementing energy supplies needed in south-central Alaska. The federal OCS area in Cook Inlet remains relatively unexplored, with the last exploration well drilled in 1984. Cook Inlet is important for the State of Alaska and those who live in Anchorage and the Kenai Peninsula Borough, where residents and industries are in need of a stable supply of energy and fuel. This is the second Cook Inlet sale held under the 2002-2007 Five Year Plan. "MMS's goal is to keep options open both nationwide and in the State in the search for new energy. By holding predictable sales in the federal portion of Cook Inlet we will complement the State's strong program to find the energy and raw materials to keep the State's economy growing. We hope this sale will be an added incentive for someone to bring a drill rig into Cook Inlet.:' said MMS Regional Director John Goll. MMS is proposing to lease in the federal waters of Alaska's Cook Inlet between three and 30 nautical miles offshore. The area covers about 2.5 million acres extending just south Of Kalgin Island to just northwest of Shuyak Island. The water depths in the area range from about 30 to 650 feet. No leasing is proposed in Shelikof Strait. In November 2003, MMS published a single Environmental Impact Statement for both proposed Cook Inlet Sales 191 and 199. In preparation for Sale 199, MMS will write a coastal zone management consistency determination and an environmental assessment, and, if needed, a supplemental EIS. MMS will seek public comment on the environmental document which will focus on any new issues that may have arisen since the EIS was prepared. All sale proposals will be available to the public "This approach allows us and the public to more easily key in on any new information or issues and is a standard used by the State of Alaska and other federal agencies," said MMS Regional Director John Goll. "Our proposed sale includes a set of stipulations that we have used successfully in the past to safeguard the fishing and tourism which is so vital to the economy of the Cook Inlet area," he added. MMS has a comprehensive regulatory program in place which covers all aspects of the industry's drilling procedures that have Successfully minimized risk. Several requirements are attached to the sale to supplement these roles, including provisions for fisheries, biological resources and use of pipelines to transport any discovered production. The MMS is evaluating a package of economic incentives for Federal leases in Cook Inlet. This includes a longer primary term of 8 years, lower minimum bid of $10 per acre, annual rental rates of $2 per acre and royalty suspension, volumes. The RSV's would relieve royalty payments on a producing lease up to the first 30 million barrels of oil equivalent. The suspension applies to both oil and natural gas and includes price floor and ceiling thresholds. MMS oversees an extensive multidisciplinary Environmental Studies Program for obtaining information for the prediction, management, and assessment of potential effects of offshore oil and gas exploration and development on the OCS. Currently MMS has more than 20 planned or ongoing studies applicable to Cook Inlet information needs. Information on the status of these studies can be obtained at http://www.mms.gov/eppd/sciences/exp/profiles. MMS cooperatively sponsors a Coastal Marine Institute with the University of Alaska Fairbanks, which is conducting several of the studies. Comments must be received by February 10, 2005, and may be sent to the MMS Alaska OCS Region, 3801 Centerpoint Drive, Room 500 Anchorage, AK 99503; submitted by using Public Connect at https://ocsconnect.mms.gov/pcs-publ, ic, via e-mail to AKEIS @mms.gov; hand delivered to the above address, or faxed to MMS at 907-334-5202. Please call MMS at 907-334- 5208 or toll-free at 1-800-764-2627 if you have additional questions. The Minerals Management Service is the federal bureau in the U:S Department of the Interior that manages the nation's oil, natural gas and other mineral resources on the Outer Continental Shelf (OCS) in federal offshore waters. Currently, about 30 percent of the oil and 23 percent of the gas produced domestically comes from these federal waters. The bureau also collects, accounts for, and disburses mineral revenues from Federal and American Indian lands. MMS disbursed approximately $8 billion in Fiscal Year 2004 and more than $143 billion since it was created in 1982. Nearly $1 billion from those revenues go into the Land and Water Conservation Fund annually for the acquisition and development of state and federal park and recreation lands. Additionally, the State of Alaska receives 27% of all revenues generated as a result of federal leases that lie within 3-to-6 miles offshore the Alaska coast, and 50% of this money goes into the Alaska Permanent Fund Account. MMS Main Website: www.mms.gov * * * MMS: Securing Ocean Energy and Economic Value for America * * * Federal Register/Vol. 69, No. 247/Monday, December 27, 2004/Notices 77265 public may present written c( to the Council. Each fo al Cou 1 meeting will also have for hearing public . De' on the number of wishing ! :omment and ti~ available, the time fo comments may be limi s who plan to attend and ne , such as sign languag etation, tour transportation or reasonable accommodations ~uld contact the BLM as provide, FOR FURTHER N CONTACT: David Howel Linator, Idaho Falls Holli' Dr., Idaho Falls, ID 01. O8) 524- 7559. .1: David_ Date( 17, 2004. LeKo A. rte District Manager. Doc. 04-28143 Filed 12-23-04; DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf (OCS), Alaska OCS Region, Cook Inlet Oil and Gas Sale 199, May 2006 AGENCY: Minerals Management Service (MMS), Interior. ACTION: Request for Information (RFI) and Notice of Intent (NOI) to prepare an Environmental Assessment. SUMMARY: The Secretary's approved 5- Year OCS Oil and Gas Leasing Program for 2002-2007 provides for two sales, Sales 191 and 199, to be held in the Cook Inlet program area. An Environmental Impact Statement (EIS) that covered both sales was prepared. For Sale 199 an Environmental Assessment will be prepared and, if significant effects are found, a supplemental EIS will also be written. In addition, a federal consistency determination (CD) under the Coastal Zone Management Act will be prepared, as well as a proposed and final notice of sale. The RFI and a NOI to prepare an EIS for Sales 191 and 199 was published in the Federal Register on December 31, 2001, at 66 FR 67543. The Cook Inlet final EIS for Sales 191 and 199 was released in November 2003 (OCS EIS/ EA, MMS 2003-055). The first sale, Sale 191, was held on May 19, 2004; however, the sale received no bids. The MMS is now initiating a Request for Information for Cook Inlet Sale 199. COMMENT PERIOD: Comments on the RFI and on the NOI must be received no later than 45 days following publication of this document in the Federal Register. If you wish to comment, you may submit your comments by any one of the following methods: · You may mail comments to the Alaska OCS Region, Minerals Management Service, 3801 Centerpoint Drive, Suite 500, Anchorage, Alaska 99503, in envelopes labeled "Attn: Comments on Request for Information for Cook Inlet Sale 199" or "Attn: Comments on Notice of Intent to Prepare an Environmental Assessment for Cook Inlet Sale 199," as appropriate. · You may fax your comments to MMS at (907) 334-5242. · You may also comment using Public Connect at: https:// ocsconnect.mms.gov/pcs-public. · Finally, you may hand-deliver comments weekdays between 8 AM and 5 PM to the Alaska OCS Region, Minerals Management Service, 3801 Centerpoint Drive, Suite 500, Anchorage, Alaska 99503. FOR FURTHER INFORMATION CONTACT: Please contact Fred King at (907) 334- 5271 in MMS's Alaska OCS Region regarding questions on the RFI/NOI to prepare an Environmental Assessment. SUPPLEMENTARY INFORMATION: The environmental analysis for Sale 199 will focus primarily on new issues that may have arisen since the completion of the EIS for Sales 191 and 199 (NOvember 2003). A consistency determination will and 199. The MMS will then identify the issues to be analyzed in the NEPA document. This RFI does not indicate a decision to lease in the area described below. Final delineation of the areas for possible leasing will be made after completion of the pre-sale steps described above and in compliance with' the current 5-year program and applicable laws, including all requirements of the NEPA and the OCS Lands Act. Request for Information 1. Authority This RFI is published pursuant to the OCS Lands Act, as amended (43 U.S.C. 1331-1356, (1994)) (OCS Lands Act), and the regulations issued thereunder (30 CFR 256); and in accordance with the 5-Year OCS Oil and Gas Leasing Program 2002 to 2007. 2. Purpose of Bequest The purpose of the RFI is to gather information for Oil and Gas Lease Sale 199 in the Cook Inlet, scheduled for May 2006. Information on oil and gas leasing, exploration, and development and production within the Cook Inlet are sought from all interested parties. This early planning and consultation step is important for ensuring that all interests and concerns are communicated to the Department of the Interior for decisions in the leasing be prepared for the sale and will include process. analysis of any approved changes that may have occurred in the State's coastal management plan. The process will lead to identification of the area to be included in the proposed Notice of Sale. Each of these steps, including the proposed Notice of Sale, provides for a public review period. At the culmination of each step and after analysis of any public comments, the MMS will decide whether to proceed to the next step. This process will: · Focus the environmental analysis on impact types and levels that may have changed since the analysis was done for Sale 191; · Clearly highlight any new issues for the public; · Eliminate the need for costly preparation and public review of a repetitive, voluminous new ElS for Sale 199; and · Result in a more efficient and responsive application of the National Environmental Policy Act (NEPA). The MMS will analyze all comments received in response to this RFI and re- examine information previously submitted in response to the Call 'and the draft and final EISs for Sales 191 The Call for Information and Nominations published in the Federal Register on December 31, 2001, requested information and nominations from industry for Sales 191 and 199 in the Cook Inlet Planning Area. The MMS will use the information submitted in response to that Call and any new information submitted in response to this RFI to determine the area that will be included in a NEPA analysis. The public need not re-submit comments sent in response to the multiple-sale Call. A company need not re-submit its areas of interest if its comments or indications of interest have not changed since that time. This request seeks to identify new concerns and new areas of interest to industry. 3. Description of Area The area covered by this RFI is located offshore the State of Alaska in the Cook Inlet Planning Area. This area consists of approximately 517 whole and partial blocks (about 2.5 million acres). A page-size map of the area accompanies this Notice. A large scale RFI map showing the boundaries of the area on a block-by-block basis is 77266 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Notices available without charge from the are. asked to submit a list of whole and Records Manager at the address given partial blocks nominated (by OPD and below, or by telephone request at (907) block number) to facilitate correct 334-5207 or 1-800-764-2627. Copies of interpretation of their nominations on Official Protraction Diagrams (OPDs) are the Request for Information map. also available at the following location: Alaska OCS Region, Minerals . Management Service, 3801 Centerpoint Drive, Suite 500, Anchorage, Alaska, 99503. In addition, the OPDs are available on the MMS Web site at http:// www. mms.gov/l d/alaska.h tm. 4. Instructions on Request for Information The RFI map delineates the area that is the subject of this request. Respondents are requested to indicate interest in and comment on any or all of the Federal acreage within the boundaries of the RFI area that they wish to have included in Cook Inlet Sale 199. Comments should be sent to. the Regional Supervisor, Leasing and Environment, Alaska OCS Region, at the address or Public Connect Web site as stated above in the comment period section. Our practice is to make comments, Although the identities of those submitting nominations become a matter of public record, the individual nominations are proprietary information. Nominators also are requested to rank blocks nominated according to priority of interest [e.g., priority I (high), or 2 (medium)]. Blocks nominated that do not indicate priorities will be considered priority 3 (low). Nominators must be specific in indicating blocks by priority and be prepared to discuss their range of interest and activity regarding the nominated area(s). The telephone number and name of a person to contact in the nominator's organization for additional information should be included in the response. This person will be contacted to set up a mutually agreeable time and place for a meeting with the Alaska OCS Regional Office to present their views regarding the company's nominations. including names and addresses of B. Relation to Coastal Management respondents, available for public review' Plans during regular business hours. Individual respondents may request that we withhold their address from the rulemaking record, which we will honor to the extent allowable by law. Under some circumstances, MMS may withhold a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. A. Areas of Interest to the Oil and Gas Industry The MMS requests industry to submit any new information, including nomination of blocks that are of significant interest for exploration and development and production. Information and nominations submitted in response to the multiple-sale Call for Sales 191 and 199, published on December 31, 2001 (66 FR 67543), will also be considered as information and nominations for the Sale 199 area identification process. Nominations must be depicted on the RFI map by outlining the area(s) of interest along block lines. Nominators Comments also are sought on potential conflicts with approved local coastal management plans that may result from the sale and future OCS oil and gas activities. These comments should identify specific coastal management plan policy of concern, the nature of the conflicts foreseen, and steps that MMS could take to avoid or mitigate the potential conflicts. Comments may be in terms of broad areas or restricted to particular blocks of concern. Commenters are requested to list block numbers or outline the subject area on the large-scale RFI map. 5. Use of Information From the Request for Information Information submitted in response to this RFI will be used for several purposes. Responses will be used to: · Help to further identify areas of potential oil and gas development; · Identify environmental effects and potential use conflicts not previously addressed in the Final EIS and Consistency Determination for Sales 191 and 199 (OCS EIS/EA, MMS 2003-055); · Develop any additional lease terms and conditions/mitigating measures that may be necessary; and · Identify any potential conflicts between oil and gas activities and the Alaska coastal management plan not addressed in the Consistency Determination for Sale 191. 6. Existing Information The MMS has acquired a substantial amount of information, including that gained through the use of traditional knowledge, on the issues and concerns related to oil and gas leasing in the Cook Inlet. An extensive environmental, social, and economic studies program has been underway in this area since 1975. The emphasis has been on geologic mapping, environmental characterization of biologically sensitive habitats, endangered whales and marine mammals, physical oceanography, ocean-circulation modeling, and ecological and socio-culturai effects of oil and gas activities. Information on the studies program, completed studies, and a program status report for continuing studies in this area is available on the MMS Web site http: //www. mms.gov/alaska, or may be obtained from the Chief, Environmental Studies Section, Alaska OCS Region, by telephone request at (907) 334-5230, or by written request at the address stated under Description of Area. A request may also be made via the Alaska OCS Region Web site at http:// www. mms.gov/alaska/ref /p ubin dex/ pubsindex.htm. 7. Tentative Schedule The following is a list of tentative milestone dates applicable to Cook Inlet Sale 199 covered by this RFI: Request for Information published-- December 2004 Area Identification--February 2005 National Environmental Policy Act/ Environmental Assessment Review (or Supplemental ElS) published-- October 2005 Proposed Notice and Consistency Determination--December 2005 Final Notice of Sale--April 2006 Tentative Sale Date--May 2006 Notice of Intent To Prepare an Environmental Analysis 1. Authority The NOI is published pursuant to the regulations (40 CFR 1501.7) implementing the provisions of the National Environmental Policy Act of 1969 as amended [42 U.S.C. 4321 et seq. (1988)1. 2. Purpose of Notice of Intent Pursuant to the regulations (40 CFR 1501.7) implementing the procedural provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), MMS is announcing its intent to prepare an environmental assessment for Cook Inlet Oil and Gas Lease Sale 199, scheduled Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Notices 77267 for May 2006. The environmental assessment will be prepared to determine if significant new issues or impacts not previously addressed in the EIS for Sales 191 and 199 have arisen. If no significant new issues or impacts are identified, a Finding of No New Significant Impacts will be issued. If information is submitted in response to this Request for Information or found by MMS analysts that identifies environmentally significant new issues and/or impacts not previously addressed, a supplemental EIS may be prepared. 3. Instructions on Notice of Intent Federal, State, Tribal, and local governments and other interested parties are requested to send their written comments on new information and issues that should be addressed in the environmental assessment to the Regional Supervisor, Leasing and Environment, Alaska OCS Region, at the address or Public Connect Web site as stated above in the comment period section. Dated: December 13, 2004. Johnnie Burton, Director, Minerals Management Service. BILUNG CODE 4310.-MR-P 77268 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / ~.,~T~3t,ces~ Request for Information Proposed Notice of Cook Inlet Sale 199 ..'::~: "' :::':::::~:' ~::"~ ' ...... ..:::::: .:..:..:.. -::: .::: May 2006 ~.~ii ..;.::;;i;:::: .::i i:.:i;:~:: algin [' ' ] SaleArea Boundary !::;.; ': :;;;;i;i. ;~i:;;;}iii. j !sland. Blocks Analyzed for Deferral ~'~'~ in ElS ................... [~t Official Protra~on Diagram Outlines ........ .................................................... ...................................................... : ::, ::. :::::::::::::::::::::::::::::::: ................................. .................................................. · i:': ....... :.-:: ..... : ...... :. · .: ::: :.,..:.::::::-.:;.-:. :::.::: :::::::-:::..::::. -.: ............... |::-..: ........ .................................................................... · :-. ........................................... · . : ..... i' !: 'i.ii!:" ~: .... ::i iiiii:: ..i !!i:i:'::-:-' ' - - ': ::-.. 'i:"-ii:J i i::'i" i!i ii:: :: ........................ ............................ ........................... ..................... · ....'. "' "' ' ": ::":: ~':" .......... ..... -.. .... ............ - . -.:::.-:.- . . -:::-:. :;..:: :. . ..................... :: · .:. :-:.:..:::: ...... ................. ..... .: ...:..: .. ........ -. . ....::.-: . .... .. .. ......... · .. · . .... ......... .......... .:. . . ................ .............. .. .................... ......................... .............. -::.: ................... ........................ ................. Islan~ -.::-:.::...::-::.-.;.. :.:.::::::.:: ...... : .:ii: 'i:.!: i.!:: Jii:iiiii!:![!:i ::::: ........ :: :'.'.::::::::::::::: ....... .......................................... ........................................... ................................................. ................................................ ::::::::::::::::::::::: .:. ;:: ..:.- :::::::::::::::::::::::: .... .':::'::: ::i:::': ::: ':: ' :':"'i:i !. i:.i:!::i:! :~ : : .... ... .. . . ..... .... ..... ...... :::: :::::::::::::::::::::::: · .:.,::. ::::.:.::.: .: ::.. :.: .. ........... !i i ..... !!i:::i... : .. . ~t Chugach Island Peri Island Island NO05-02 ~ ~ NO05-04 Barren Islands t54'00' ~oYember 8, 200~ I t S3'30' ~~_.Shuyak Island 1511-30. [FR Doc. 04-28102 Filed 12-23-04.8:45 am] BILUNG CODE 4310-MR--C December 10, 2003 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Governor Frank Murkowski State of Alaska P.O. Box 110001 Juneau, AK 99811-0001 RE' PROPOSED NOTICE OF SALE -- COOK INLET OIL AND GAS LEASE SALE 191 Dear Governor Murkowski' The City of Kenai has continually been supportive of Cook Inlet Oil and Gas Lease Sale 191 as noted by our Resolution No. 2003-06 passed in February, 2003. Additionally, at their regular meeting of December 3, 2003, the Kenai City Council reviewed recently received leasing activities reformation for this proposed sale and again stated support of the sale. In their discussions, the following points were noted: · Potential tax revenues to the Kenai Peninsula Borough from new pipelines and shore-based facilities built to develop and deliver oil or gas have been estimated at $2.7 million per year over a 15-year period. · Up to 400 direct jobs and 200 indirect jobs will be created if one platform is built in the Outer Continental Shelf and produces 14 million barrels of oil. · It is essential new reserves of natural gas are found in the Cook Inlet Basin in order to assure continued economic prosperity on the Kenai Peninsula. It is for these reasons and especially for the continued economic stability of our Peninsula community, it is imperative this sale continue. CITY.~F KENAI JJW/clf cc: Tom Warren, Alaska OCS Region Leasing Activities Section _o . Suggested by: Administration CITY OF K~NAI RE, SOLUTION NO. 2003-06 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE FEDERAL OUTER CONTINENTAL SHELF OIL AND GAS LEASING PROGRAM 191 & 199. WHEREAS. the Federal Government has advertised its intent to offer the Outer Continental Shelf located within the waters of Cooic Inle~ for an oil and gas ieasmg program in 2004 and 2006; and, WHEREAS, the Draft Environmental Impact Statement (DEIS) for Lease Sale 191 in 2004 and Lease Sale 199 in 2006 has been released for public comment; and, WHEREAS, the DEIS estimates there is a ninety-five percent (95%) probability. 140 million barrels of oil and 190 billion cubic feet of' natural gas would be recovered from the Outer Continental Shelf; and, WHEREAS, the DEIS estimates there is a fifty percent (50%) probability 500 million barrels of oil and one trillion cubic feet of natural gas would be recovered from the Outer Continental Shelf; and, WHEREAS, the DEIS estimates potential 'tax revenues to the Kenai Peninsula Borough resulting from new pipelines and shore-based facilities built to develop and deliver oil or gas from the Outer Continental Shelf at $2.7 million per year over a 15- year period; and, WHEREAS, the DEIS estimates up to 400 direct jobs and 200 indirect jobs will be created if one platform is built in the Outer Continental Shelf producing 14 million barrels of oil; and, WHEREAS, the City of Kenai recognizes it is essential to fred new reserves of natural gas in the Cook Inlet Basra in order to assure continued economic prosperity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, that it supports Federal Lease. Sales 191 and 199 within the waters of the Outer Continental Shelf of Cook Inlet. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this flfl~h-day of February, 2003. ATTEST: Carol L. Freas, City Clerk .~O HN J.~LLIA~M S ,~I~Y~D R MAKE 27 PACKETS COUNCIL PACKET DISTRIBU~ON COUNCIL ~EETIN6 DATE: Mayor/Council Attorney ~" ToyIor/$prin~ter/Kebschull ~ Clerk ~ City Manage~ ~- Public Wo~ks ~ Police bepo~tment ~ Finance ~ En~inee~ ~ Senio~ Cente~ ~ Airport ~ Kim ~ Libror~ / Porks & Recreation ~ Clarion .... Fire Dep~rtment ~ 5chmidt ~ ~ellish ~ VZSTA ~ Olson (Mail) / KSRM AGENDA DISTRIBUTION · 5ewer Treatment Plant 5treats Shop Dock Building/M~inten~nce Animal Control Water/Sewer Counter DELIVER Council Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & 5chmidt's Office will pick their packet up in my office. Mail Representative Olson's to ,State Capitol, Room :t:[O, ~Tuneeu (mailing labels in Dyno Label list). The portion of the agenda published by the Clarion should be emailed as soon as possible efta, Noon on packet day. The camera- ready agenda c:/myfiles/documents/minutes/agenda form for paper)is emailed to Denise at Peninsu/a E/ar/on (et email folder Work Session/Special Meetings, or Composition in Contacts or Ibell~acsalaske.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and ]; hold them in my HTML file. Place them onto the city's website with Dreamweever from there as soon as possible before leaving the office for the weekend.