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HomeMy WebLinkAbout2005-06-01 Council PacketKenai City Counci I Meeting Packet June 1, 2005 AGENDA KENAI CITY COUNCIL- REGULAR MEETING JUNE 1, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBEI~ http://www, ci.kenE.~.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) , Aurora Borealis Students -- International Robotics Competition Frontier Community Services -- James Duff ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: ITEM F: REPORTS OF KENAI CONVENTION/k VISITOI~ BUREAU BOARD AND KENAI CHAMBER OF COMMERCE PUBLIC HEARINGS . Amended Ordinance No. 2102-2005 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006. , 'Ordinance No. 2103-2005 -- Amending the Fine Schedule in KMC 13.10.015 by Adding Negligent Driving, Failure to Yield to an Emergency Vehicle, and Violations of Airport Parking Regulations to the List of Minor Offenses on the Fine Schedule that Can be Disposed of Without a Court Appearance. , Resolution No. 2005-16 -- Expressing Support for KPB Ordinance 2005-19; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan. (Postponed from May 18, 2005 meeting.} . o . ITEM G: ITEM H: . ITEM I: o . . . ITEM J: , 2. 3. 4. 5. 6. 7. ITEM K: Resolution No. 2005-24 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006. Resolution No. 2005-25 -- Transferring $7,500 In the General Fund for Repair of the Fine Arts Building. Resolution No. 2005-26 -- Awarding the Bid to Denny's Construction, Inc. for Concrete Repairs - 2005 for the Total Amount of $22,520. MINUTES OLD BUSINESS Discussion/Approval -- Display of Boat K-6 at Kenai Landing. NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 Discussion -- Proposed City of Kenai Mini-Grant (postponed from May 18, 2005 meeting). Discussion/Approval -- SOAR International Ministries, Inc.-- Lot 3, Block 1, General Aviation Apron' 1) Amendment to Lease Changing the Use; and 2) Request to Sublease to Air Supply Alaska, Inc. Discussion -- Conoco/Phillips' Multi-Purpose FaCility Naming Proposal. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee 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 Z ~) 0 ~m zw z~~w ~~~o~~~o Z 0 i-i IJiI IJJ ~~<o_~~o~o TESTIMONY SIGN-IN SHEET ~.o. ,GoX lx-~H 43335 K-Beach Road, Suite 36 · Soldotna, AK 99669 (907) 262-6331 (907) 262-3144 FAX (907) 262-6294 Kenai City Council 210 Fidalgo Kenai, Ak 99611 May 25, 2005 Dear Kenai City Council, RECEIVE'D -I CITY OF KENAI AD_,M, INISTR..AT. ION .... My name is Ken Duff, the Executive Director of Frontier Community Services (FCS). FCS is a non-profit organization, providing quality individualized, community services for people of all ages, who are at risk of, or experience a disabling condition. Since.its conception FCS has grown fi'om a small operation to the seventh largest employer on the Kenai Peninsula and the fourth largest employer of Soldotna. FCS provides services for over 250 individuals and employs approximately 400 people. Our administration office is located in the Red Diamond Center on K- Beach Road. We currently occupy an entire building and three additional suites in two other buildings totaling 13,000 square feet. With this arrangement our offices are located in three separate locations of the Red Diamond Center. Above and beyond being inconvenient having our offices spread over three buildings, we have outgrown these spaces. Additionally our strategic planning clearly indicates a need for even more space. We foresee housing a day care center for disabled children in the proposed building. We are proposing that the City of Kenai and FCS join in a mutually beneficial agreement, allowing for a parcel of city land to be conveyed to FCS for construction of an administration building, vocational department and day care center. According to Kenai City Code 22.05.025 Conveyance to encourage new industrial enterprises, such an arrangement could be possible. It is our goal to construct a building approximately 20,000 square feet. The building would house over 55 full-time employees. In addition, support staff numbering approximately 350, frequently come into the FCS office for administrative support. These employees would patronize local businesses on a regular basis such as restaurants, gas stations and shopping centers. I would like the opportunity to discuss with the council this proposal that would benefit both the City of Kenai as well as our agency. Please consider my request to speak during the scheduled public comment section on the council's agenda for June 1, 2005. ed s huff I.Jnibed IMI[I L 0 ~ 0 ~B~~. ~o oo~Z 7- ! Printable VerSion of Gotham Gazette -- Naming for Dollars Gotham Gazette -- Naming for Dollars http://66.102.7.104/seareh?q=cache: QodFuKCcDo4J: w ww. gothamgazette, eom/commentary/126, schwartz, shtml++ municipal+ %22naming+ri ghts %22&hi=eh Naming for Dollars By Anne Schwartz 13 May 02 The New York Botanical Garden features the Con Edison Pond Gallery, the Texaco Kids and the Mitsubishi Wild Wetland Trail. The new baseball stadium for the minor-league Brooklyn Cyclones is named after the local energy company, Keyspan (formerly Brooklyn Union Gas). The Children's Museum of Manhattan includes the Time-Warner Media Center. Two theaters on 42nd Street were renamed the American Airlines Theater and the Ford Center for the Performing Arts, and a third theater, the Winter Garden, former home to "Cats," current home of "Mamma Mia," is about to be renamed the Cadillac Winter Garden Theater. So when Mayor Michael Bloomberg suggested recently that the city's parks could be named after corporate sponsors as a way of helping to pay for their upkeep, it was a logical extension of a trend, begun with stadiums and now being adopted by non-profit institutions, to trade the rights to a name for corporate dollars. In suggesting that parks be named for corporate donors, the mayor acknowledged the suocess of public-private partnerships in helping to fix up and maintain the city's parks over the last few decades. And he was no doubt aware of how much money the owners of stadiums and theaters and other facilities have raised by selling naming rights. While the mayor mentioned only parks, his idea could be extended to schools, libraries, subway stations, streets. With the city facing a multibillion dollar budget shortfall and parks slated for their lowest budget in 10 years, some parks advocates welcome the private sector's involvement in parks and would not be opposed to giving naming rights to corporate donors. But other New Yorkers think such deals, no matter how much money they bring in, are a bad bargain. A letter to the mayor signed by 27 scholars and other prominent New Yorkers said, "to rename the parks for corporations would be literally to sell the city - its heart and soul - for money." NAMING RITES The selling of corporate naming rights, which began in earnest with sports stadiums in the late 1980s, has become something of a mania. A couple even tried to auction off the naming rights to their newborn child (there were no takers). Nearly half of the nation's major sports arenas now bear the names of corporations, and corporate names are increasingly common in minor league and even college and town playing fields. The practice has spread to convention centers, malls,, airports, hospitals, theaters, and museums. The Srnithsonian Institution recently named the theater in its National Air and Space Museum after the Lockheed Martin Corporation, which donated $10 million to the museum. Renaming long has been a preoccupation in New York City. So much' time is taken up at the City Council to renaming streets - according to one estimate, about two-thirds of all council bills! - that Councilmember James Oddo has proposed "taking the City Council out of the 'name change game,'" and turning it over to community boards. But New York City has only recently begun to warm to the national trend of trading names for money. The amounts of money involved can be substantial. The recor, d so far is the price tag of $300 million ($10 million a year for 30 years) for adding the corporate name "Reliant" to five arenas in a Houston complex that includes the stadium for the Houston Texans. More modest is the $5 million gift for the new 'building of Philadelphia's Please Touch Museum, which becomes the "Please Touch Museum Presented by McDonald's." It is clear what the corporations get out of this. Keyspan Energy Services put its name on the new stadium on Coney Island (for an undisclosed sum) to invest in an area that it serves, according to spokesman Robert Mahony. But, Mahony conceded, the company was able to justify the investment to its shareholders because of the advertising return. "It was an excellent opportunity to associate the name of the company with Brooklyn, with the New York Mets, and with bringing baseball back to Brooklyn." And stadium deals offer a company more than just publicity and marketing value. Corporations attaching their names to stadiums typically get free tickets, luxury suites, parking privileges, and sometimes the opportunity to sell their products at the stadium. · Cities are starting to consider the idea of selling naming rights to municipal facilities, although the rewards are lower and the risk of backlash higher than for more commercial sites. There have been suggestions in various places to offer naming rights for subway stations, school buildings or highways, but Mayor Bloomberg appears to be the first to promote the idea for parks. There are many successful examples of other types of business support for parks. The National Park Foundation has five major corporate "partners" that have made "multi-million dollar, multi-year contributions" to the national parks, according to foundation spokesman Mike Bento. Detailed guidelines, issued by the parks service, limit how donors can be recognized. For example, permanent signage and naming are not allowed. "What's been proven is that you can get corporations involved without sacrificing the very special nature of the parks," Bento said. Corporations also sponsor events and programs at municipal parks all over the country. For example, Pathmark and M&M covered the cost of the Easter Eggstravaganza held recently in Central Park. Typically, the identification of the corporate donor is low-key, and sponsors often have a logical tie-in to the event or program. The city parks commissioner, Adrian Benepe, has said he would like to take existing corporate partnerships a step further by offering naming rights in exchange for the construction and maintenance of a facility. Although the proposal has not gone farther than the concept stage, said department spokeswoman Jane Rudolph, "the goal is not to make Central Park change its name. The goal is to take specific facilities or a special garden like the Heather Garden in Fort Tryon Park and possibly give i~ a sponsorship." Another facility that has been mentioned for corporate support is the track and field complex being built on Randalls Island. The most concrete plan put forth by the Bloomberg administration is to sell advertising space within city recreation facilities. For example, a corporation may pay to have its billboard displayed on the walls of an indoor basketball court. Any corporate identification would be tasteful and low-key, said Rudolph. "Nobody at parks is going to turn any facility into a corporate name with huge flashing signs," she said. PRIVATE NAMES--LESS PUBLIC FUNDING? Whether handled tactfully or otherwise, the idea of selling the naming rights to parks raises a number of questions. http ://wWw. gotham gazette, com/pri ntable, php Old Names Are Odd Too By Nuri Adler Some New Yorkers fear that, if Mayor Michael Bloomberg has his way in selling the naming rights to public places, we may soon be riding Pepsi One subway line or relaxing in Central Park's Snapple Kiwi-Strawberry Fields. The thought of such commercialism horrifies many, including a local community board in downtown iManhattan that last year effectively nixed a City Council bill to rename part of Park Row "J&R Row," after the electronics retailer. Yet no effort was made to change such already-existing names like Times Square, which is named after the New York Times Company. Indeed, few New Yorkers seem to realize that the city is already full of names with odd or indefensible origins. City Councilmember David Weprin proposed that a street be named for assassinated Israeli tourism minister Rehavam Zeevi, but withdrew his suggestion when he learned that Zeevi was a widely known bigot who had 1 of 2 6/1/05 1:47 PM Printable Version of Gotham Gazette -- Naming for Dollars http ://ww w. gotham gazette, com/printabl e. php A major pitfall of corporate naming for public spaces like parks is that it tends to erode the government's obligation to fund what are traditionally public services, according to Jerold Kayden, associate professor of urban planning at Harvard Graduate School of Design. "It decreases the necessity of public funding in ways that can have an ultimately corrosive effect on lots of public activities," he said. "It leads us to abandon, step by step by step, down a slippery slope, a commitment of public tax dollars to certain things that are not deemed high priorities." Yet the public and the government have little control over how long the private support will continue, as the cultural institutions in Houston so painfully learned when a bankrupt Enron couldn't come through with promised donations. If the. private sector pulls out, it can be a struggle to get the city to restore former levels of funding. Also, would corporate donations help the parks that are most in need -- small parks in poor neighborhoods in the outer boroughs? The parks department could try to direct corporate gifts to those areas or earmark a percentage of the donation to the entire system, but the project would ultimately depend on what a corporation is interested in funding, and corporations would probably be interested in high-profile, popular spots. In New York City, private funds may have already contributed to the decline of public funding for parks. A Concerted effort by private donors and volunteers helped turn around Central Park, and then other parks in the city. Yet even when the city's budget was flush during the 1990s, New York continued to trim the parks department budget and encourage the department to raise a greater share from private donors and concessions. WHAT'S IN A NAME? Many buildings and public spaces - hospitals, theaters, plazas, gardens - are named for philanthropists who donated money for their construction or renovation: in Central Park, for example, there are the Delacorte Theater and the Wollman Rink. How is this different from naming a public space after a donor that happens to be a business? Critics see many differences. These public places have been named for individuals being honored for their generosity, public service, or importance to history - not as a quid-pro-quo with profit-making companies. "It's the sale of New York's great heritage to some corporate donor, which is sad and unfortunate," said Gary Ruskin, the executive director of Commercial Alert, a non-profit organization founded by Ralph Nader to oppose commercialism. "Across the country, a wave of sponsorships is turning municipalities into marketing agents," he said, arguing that it is not the proper role of cities to promote corporations that pollute, sell unhealthy products, or exploit low-earning workers overseas. Cigarette and liquor companies, as well as businesses involved in disputes or selling controversial products, would probably be off limits. But to Ruskin the concept of putting any corporate name on parks in particular poses problems. "These parks exist to give people a respite from the aggressive hawking of products and huckstering that we are all subject tc on a minute-to-minute basis in our sOciety," he said. "Naming rights defeats that worthy purpose." Similar concerns led the people of Boston to block a plan to sell the naming rights to four of the busiest stations in their subway system. As one reader wrote in The Boston Globe, "Post a bond or raise taxes, but please do not make us say the names of corporations when we describe where we go." But maybe corporations should keep out of this name game simply for their own good. Several commentators have detected a "naming rights curse." A number of firms that placed their names on stadiums soon saw their stock drop or even went bankrupt. (A web site tracks the stock prices of companies that purchased naming rights to sports arenas). The list of bankrupt sponsors includes PSINet, TWA, Pro Player and, most notoriously, Enron. Earlier this year, after Enron fell into disgrace, the Houston Astros bought back the naming rights, and changed Eaton Field back to Astro Field - until the team can find another corporation willing to spend millions of dollars a year to put its name on the ballpark. ~:::::::.-.-::.-......~ .~.. ....... ..:~ referred to Palestinian workers in Israel as "lice." Yet Weprin did not demand the renaming of Bayard Street, named after Nicholas Bayard, who was the mayor of New York in 1686 but was later convicted as an accomplice of the pirate Captain Kidd. Nor did he say anything about renaming Rivington Street, named after James Rivington, who published a pro-British newspaper during the Revolutionary War. Many existing street names are shocking merely for their irrelevance. Arden Street and Mott Street are both named for successful butchers. Hubert Street is named for a dealer in iron. John Street is named for a shoemaker. Dozens of street names, particularly in lower Manhattan, where New York's first settlers lived, are named after the wives, sons, and daughters of the farmers whose lands comprised today's streets. Kenmare Street is named after a village in Ireland which happens to be the birthplace of Tammany leader "Big Tim" Sullivan's mother. The City Council shot down the effort to name a "Big Pun Place" after the rapper Big Pun, 'due in part to his explicit lyrics. Yet nobody clamors for the renaming of Bleecker Street, named after Anthony Bleecker, a writer whose wordplay was reportedly so repulsive that it drove one 19th century socialite to pack up and leave town. It is a mystery why street names are ~taken so seriously in a city where a widely used roadway is named after a weekend golfer (city engineer Horace Harding, whose expressway was initially created as a more convenient route from the city to his favorite golf course); where a street is named after a play (Pomander Walk, which began a 143-performance run on Broadway in December 1910); and where South Street runs parallel to the East' River. 2 of 2 6/1/05 1:47 PM Department Policy & Procedure Subject: Corporate Sponsorship Policy Approved: Department: Parks & Recreation Number 060-P 1.5.1 Effective Supersedes January 21,2003 Page 1 of 2 1.0 2.0 INTRODUCTION: 1.1 Seattle Parks and Recreation (DPR) is faced, more frequently as time passes, with offers from private businesses and corporations interested in sponsorship of programs, facilities and other aspects of parks and recreation business. We, in turn, welcome partnership opportunities that enhance our ability to deliver parks and recreation services as long as the services and products of those businesses are consistent with and appropriate to our mission and lines of business. 1.2 It is pragmatic in a time of shrinking public dollars to seek outside funding in order to maintain valuable and important programs and facilities, within specific boundaries and with built-in safeguards against misuse of this tool. This policy captures an activity previously not subject to guidelines. 1.3 This policy sets out guidelines for entering corporate sponsorship agreements. Corporate. sponsorship is distinct from corporate donations or gifts for which there is no recognition or compensation. PURPOSE: 2.1 To outline the guidelines and procedures for entering into corporate sponsorship agreements. 2.2 To recognize that corporate sponsorships provide an effective means of generating new revenues and alternative resources to support DPR facilities and programs. 2.3 This policy is not applicable to gifts, grants or unsolicited donations in which no benefits are granted to the corporation and where no business relationship exists. 2.4 This policy is not applicable to events authorized by a Special Events Permit issued by the City of Seattle. 3.0 ORGANIZATIONS AFFECTED: 3.1 Seattle Parks and Recreation 4.0 3.2 Board of Park CommiSsioners 3.3 Advisory Councils 3.4 Associated Recreationll COuncil .. REFERENCES: 4.1 4.2 Park and Recreation Naming Committee Policy #060 - P 1.4.1 Acceptance of Gifts and Donor Recognition Policy #060 - P 2.13.1 & P 1.4.2 4.3 City of Seattle Sign Ordinance 5.0 POLICY' 5.1 It is the policy of Seattle Parks and Recreation that: 5.1.1 COrporate sponsorship agreements will exist in accordance with guidelines and procedures set forth in this policy. 5.1.2 Corporate sponsorships must support the mission and policies of DPR. 5.1.3 Corporate'sponsorships will not result in any loss of DPR jurisdiction or authority. 6.0 5.2 'In genera1, the folloWing industries and products are not eligible for corporate sponsorships with DPR: Police-regulated businesses; religious and political organizations; or companies whose business is substantially derived from the sale of alcohol, tobacco, firearms or pornography. DEFINITIONS' ,, 6.1 Corporation- a for-Profit entity (business, company, and merchant) acting under a legal charter having its own rights, privileges and liabilities. 6.2 Corporate Sponsorship: 6.2.1 Display by a specific corporation of its company logo or other form of corporate recognition on DPR property, in exchange for financial support and/or goods or services. 6.2.2 Authorization by DPR for a specific corporation to promote its investment with US. 6.2.3 A DPR facility, a portion of a facility, a program or an event named for a corporation in exchange for financial support and/or goods or services. 6.3 Board of Park Commissioners (Park Board) - an advisory board to the Superintendent of Parks, the Mayor, City CounCil and other city departments with respect to park and recreation matters. 6.4 6.5 Park Facilities - all facilities and land in the park and recreation system of the City under ownership, management and/or control of DPR. .. Contracts and Business Resources (CBR)- a unit of DPRthat provides contract assistance and marketing value assessment. 6.6 Sponsorship Categories. 6.6.1 Type A: Site-Specific Program Sponsorship: A neighborhood business, local merchant or local branch of a corporation sponsors a time limited event or program at an individual DPR facility. 6.6.2 Type B: Citywide Program Sponsorship: A local corporation sponsors a time limited program that is held at multiple DPR facilities or has a citywide presence. 6.6.3 Type C: Temporary Logo or Recognition Display.Sponsorship: A sponsorship agreement that includes a displaY of recognition on park property for more than seven calendar days and less than one year. 6.6.4 Type D: Long-Term Sponsorship: A sponsorship agreement that includes the naming of a facility or portion of a facility for a corporate sponsor for more than one year. 7.0 RESPONSIBILITY: 7.1 The Superintendent of Parks and Recreation (or designee) is authorized to enter into corporate sponsorship agreements. 7.2 The Superintendent will seek advice from the Board of Park Commissioners on proposed agreements that fall into categories C or D above (6.6.3 & 6.6.4 above). 7.3 The CORE team will review all proposed agreements that include a permanent display of recognition that fall into categories C and D above (6.6.3 & 6.6.4 above). 8.0 ADVISORY COUNCILS' 8.1 The Superintendent will consult with the Associated Recreation Council (ARC), individual Advisory Councils, and other partners on aspects of corporate sponsorship that might have an impact on their operations or programs. 9.0 8.2 The Superintendent will not approve a corporate sponsorship agreement affecting a community center or special program area without seeking input from the relevant AdvisOry Council. SIGNAGE: 9.1 9.2 9.3 The type, location, size, design, content and duration of anY advertising' advertising display or sponsor recognition must meet City of Seattle Sign Code 18.12.050 and Land Use Code ChaPter 23.55, and is subject to approval and therefore will be Specified in the contract, Permit or agreement. Allowed signage and recognition display details, including type, location, size, design, content and duration of display, will be a component of the corporate sponsorship agreement; additional signage requests require approval by the Superintendent. Freestanding billboards are not allowed in park facilities. 10.0 11.0 12.0 SPONSORED MATERIALS: All sponsored products, materials and services require the Superintendem's approval and must meet the specifications and standards used by DPR in the purchase of similar materials. EMPLOYEE PARTICIPATION: No employee is required to wear clothing with corporate logos or advertising. COMMUNITY SPORTS TEAMS: 13.0 Businesses and merchants may sponsor community sports teams (soccer, softball, etc.) and are not subject to the Corporate Sponsorship policy. The Superintendent must approve any recognition of this corporate sponsorship on DPR property other than on uniforms. PROCEDURES: 13.1 All proposals for sponsorships must be submitted in writing to the Marketing Development Coordinator (MDC) in CBR, using the Spons°rship Proposal form attached to this policy. It will be the responsibility of the MDC to track all proposals. 13.2 CBR, the operating division, and the CORE Team will review proposals that fall into categories C and D (6.6.3 & 6.6.4 above), and will provide comments and a recommendation to the Superintendent. 13.3 The Superintendent will review the proposal, seek advice from the Board of Park Commissioners, if appropriate (6.5.3 & 6.5.4 above), and make a decision on the proposal. 14.0 13.4 If the Superintendent approves the proposal in principle, CBR staff will work with operating division staff to drift a sponsorship agreement for signature. This agreement will include the contract relationship; the term; description of fees, commissions, and/or in-kind services provided to DPR; the marketing fights and benefits provided to the sponsor; and termination provisions. All contractual language will be consistent with applicable City policies and ordinances and good business practices approved by DPR Contract Resources. The Superintendent and Park Board may use, but are not limited to, the following criteria when evaluating a corporate sponsorship proPosal; in all cases, the Superintendent (or designee) will have the prerogative to accept or reject the proposal: 14.1 The compatibility of the corporation's products, customers and promotional goals with Seattle Parks and Recreation's mission; 14.2 14.3 The corporation's past record of involvement in community and City projects; The desirability of association- the image; 14.4 The timeliness or readiness of the corporation to enter an agreement; and 14.5 The actual value in cash, ~or in-kind goods or services, of the proposal in relation to the benefit to the corporatiOn. 14.6 14.7 14.8 Community support for, or opposition to, the proposal The operating and maintenance costs associated with the proposal. The corporation's record of responsible environmental stewardship. Your Chamber At Work What is Business After Hours? A networking event designed for members to meet and build relations with business people from small, mid-size and large companies and organizations. · Great opportunities to network one-on-one with other members. Bring people into your facility and give other members the chance to meet and exchange business cards. Make new client contacts Meet new business people Announcing Another Great BUsiness After Hours! june 17, 2005 5:30- 7:00 p.m. Arctic Winter Games 2006 III 450 Marathon Road (PRISM Bldg.), Second Floor, in Kenai Phone: 262-2006 How Does It Work? The first hour of Business After Hours is dedicated to networking.., an open and casual mixer. A brief program begins at 6pm to allow our host to share information about their organization with those in attendance. Door prizes are awarded immediately following the program, so bring along two Business Cards and a guest. 4'~'/¥41 PENINStJI-/~ ?'OO(° The countdown has.begun! In less than a year, Alaska's Kenai Peninsula will host the 19th Arctic Winter Games. March 5-11,2006 What is the Arctic Winter Games? Where are the athletes coming from? How many athletes will be coming to town? What are the events? How can I become involved? Come to this Business After Hours to learn more! Suggested by: Adminish,,~,~,. CITY OF KENAI ORDINANCE NO. 2102-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2005 AND ENDING JUNE 30, 2006. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2006 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for_the fiscal year commencing July 1, 2005 and ending June 30, 2006. Section 2: ,, The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2005, and ending the 30th day of June, 2006, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section I hereof.' General Fund $ 9,687,890 Airport Terminal Fund Congregate Housing Water and Sewer Fund Airport Land System Fund Senior Citizen Title III Grant Fund Senior Citizen COA-Borough Fund General Land Sales Trust Fund Airport Land Sales Trust Fund 507,043 398,934 1,680,583 1,685,874 176,467 298,006 12,000 19,000 Ordinance No. 2102-2005 Page Two PASSED BY THIS COUNCIL OF THE CITY OF KENAI, ALASKA, this First day of June, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (05/27/2005) hi Introduced: Adopted: Effective: May 18, 2005 June 1, 2005 July 1, 2005 Suggested by: Ai CITY OF KENAI ORDINANCE NO. 2103-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE FINE SCHEDULE IN KMC 13.10.015 BY ADDING NEGLIGENT DRIVING, FAILURE TO YIELD TO AN EMERGENCY VEHICLE AND VIOLATIONS OF AIRPORT PARKING REGULATIONS TO THE LIST OF MINOR OFFENSES ON THE FINE SCHEDULE THAT CAN BE DISPOSED OF WITHOUT A COURT APPEARANCE. WHEREAS, AS 28.05.151 allows a municipality to establish a fine schedule for minor offenses; and, WHEREAS, a person charged with a minor offense included in the frae schedule may elect to pay the f'me schedule amount and dispose of the citation without a court appearance; and, WHEREAS, the City of Kenai has adopted a fine schedule that is contained in KMC 13.10.015; and, WHEREAS, negligent driving (KMC 13.30.010 and AS 28.35.045) and failure to yield to an emergency vehicle (KMC 13.30.010 and 13 AAC 02.140) should be added to the City's fine schedule at $300 and $150, respectively; and, WHEREAS, fines for violations of the Airport Regulations parking rules contained in AR 6.05.010-030 should also be included at $25 for a first offense and $50 for a second or higher offense. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai's frae schedule in KMC 13.10.015 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: May 18, 2005 June 1, 2005 July 1, 2005 CODE VIOLATION FINE SCHEDULE CITE RULE/OFFENSE [BA~L] FINE RULES OF ROAD I 13 AAC 02.050(a) Driving on right required $ 75.00 2 13 AAC 02.050(b) Slower traffic to keep ricjht $ 75.00 3 13 AAC 02.055(a) Overtaking on ricjht $ 150.00 ..... 4 13 AAC 02.060(c) Restrictions on driving left of center $ 150.00 _ 5 13 AAC 02.065(a) Overtaking on left $ 150.00 6 13 AAC 02.070 Passing vehicle proceeding in opposite direction $ 100.00 7 13 AAC 02.075(b) No passing zone $ 150.00 8 13 AAC 02.090 Following too closely $ 100.00 9 13 AAC 02.080(b-c) Wrong way on one-way street $ 150.00 110 13 AAC 02.085(a) Driving on roadways laned for traffic / Improper lane change $ 75.00 !12 13 AAC 02.095(a) Vehicles restricted from controlled access roadway $ 100.00 !11 13 AAC 02.095(c) Controlled access roadway, entering or exiting $ 75.00 13 13 AAC 02.545(b) Driver to exercise due care $ 150.00 14 AS 28.35.045(a) NeQli.aent drivin.cl ~ 300.00 RIGHT-OF-WAY 15 13 AAC 02.010(a)(3)(A) Failure to stop for steady red traffic signal $ 150.00 16 13 AAC 02.120(a) Vehicle approaching intersection $ 90.00 17 13 AAC 02.125 Vehicle turning left $ 150.00 18 13 AAC 02.130(b) Failure to obey stop signs $ 100.00 19 13 AAC 02.130(b-c) Failure to yield after stopping or at yield sign $ 150.00 20 13 AAC 02.135(b) Stop and yield from private road or driveway $ 100.00 21 13 AAC 02.140(a-b) Failure to yield to emercjency vehicle[*] $ 150.00 [*] [*MANDATORY COURT APPEARANCE/MINIMUM FINE $150] PEDESTRIAN RIGHTS AND DUTIES 22 13 AAC 02.150 I Pedestrian to obey control devices and recjulations $ 40.00 23 13 AAC 02.155(a) Driver to yield to pedestrian in crosswalk $ 100.00 24 13 AAC 02.155(b) Pedestrians to use due care $ 50.00 25 13 AAC 02.155(c) Driver not to pass vehicle stopped for pedestrian $ 75.00 26 13 AAC 02.155(d) Pedestrians to use right half of crosswalk $ 25.00 27 13 AAC 02.155(e) Driving throucj h safety zone $ 75.00 28 i 13 AAC 02.160(a-f) Pedestrian crossing not in crosswalk to yield $ 40.00 29 !13 AAC 02.160(e) Prohibited pedestrian crossing $ 40.00 30 13 AAC 02.160(d) Pedestrian crossing at other than right angle $ 25.00 31 13 AAC 02.175 Illecjal walking on roadway $ 40.00 32 113 AAC 02.180 Pedestrians soliciting rides or business $ 50.00 33 13 AAC 02.190 Driver to yield right-of-way to blind pedestrians $ 150.00 TURNING AND STARTING 34 13 AAC 02.200(a-c) Turning movement prohibited or restricted $ 75.00 35 13 AAC 02.205(a-b) Improper U-turn $ 75.00 36 13 AAC 02.210 Improper start from parked position $ 75.00 37 13 AAC 02.215(a-f) Turning movements and required signals $ 75.00 SPECIAL STOPS REQUIRED 38 13 AAC 02.257 Emerging from alley, driveway or building $ 100.00 39 13 AAC 02.265 Stop required when trafrK: obstructed $ 75.00 40 13 AAC 02.325(e) Overtaking and passing school bus 3-19 over $ 8.00 per mile 41 20 or more over $ 12.00 per mile SPEED RESTRICTIONS 42 13 AAC 02.275(a) Safe speed under certain hazardous conditions (BASIC SPEED) $ 90.00 43 13 AAC 02.275(b) , Speed violations - Desicjnated limits 3-19 over $ 8.00 per mile 44 20 or more over $ 12.00 per mile 45 13 AAC 02.280(a-d) Speed violations -- Altered limits 3-19 over $ 8.00 per mile 46 20 or more over $ 12.00 per mile 47 Minimum speed violation; impeding traffic $ 60.00 48 13 AAC 02.325(d) Speed violations .- School zones 3-9 over $ 12.00 per mile 49 10-19 over $ 14.00 per mile 50 20 or more over $ 16.00 per mile OFF-ROAD VEHICLES 51 KMC 13.40.020(a-f) Off-road vehicle operation $ 100.00 ~52 KMC 13.40.030 Special stops required $ 90.00 53 KMC 13.40.050 Helmet required $ 100.00 54 KMC 13.40.080 Operating vehicle in a prohibited area $ 100.00 ANIMALS 55 KMC 3.10.010 , Interference with peace or privacy (1st offense) $ 50.00 56 KMC 3.10.010 I Interference with peace or privacy {2nd offense) $ 100.00 57 KMC 3.10.020(a, b and d) Control and confinement of animals (1st offense) $ 50.00 58 KMC 3.10.020{a, b and d) Control and confinement of animals (2nd offense) $ 100.00 PARKING 59 KMC 13.10.060 Camping on private property $ 5o.0o 60 KMC 13.30.035 Paid parking $ 50.00 61 KMC 13.30.095 Parking prohibited on Kenai Ave $ 50.00 62 KMC 18.35.010 Overnight camping $ 50.00 63 13 AAC 02.340 Parking, stopping on highway $ 50.00 54 AR 6.05.010-030 Parkinl:l, at Airport First offense ~ 25.00 65 Second offense ~ 50.00 ABANDONED I JUNK VEHICLES ILI I t ERING ... 66 KMC 12.20.010 Deposit of refuse (littering) $ 500.00 67 KMC 12.25.020 Abandonment of vehicle $ 100.00 68 KMC 12.25.030 Junk Vehicle $ 100.00 . GENERAL Any offense under Title 13 of the Alaska Administrative Code which has been incorporated by reference under KMC 13.30.010 and 69 is not listed on this fine schedule shall have a fine amount as provided by the State in Administrative Rule 4~,1, " Ordinance No. 2103-2005 Effective [SEPTEMBER 1, 2004] July 1, 2005 A'I-rACHMENT A Suggested by: Administrauon CITY OF KENAI RESOLUTION NO. 2005-16 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXP~SSING SUPPOI~ FOR BOROUGH ORDINANCE 2005-19; REPEALING KPB 2.56.005 AND ENACTING KPB 2.56.006, ADOPTING THE 2005 KENAI PENINSULA BOROUGH COMPREHENSIVE PLAN. WHEREAS, the Kenai Peninsula Borough has undergone a process to update the 1992 KPB Comprehensive Plan; and, WHEREAS, the Kenai Peninsula Borough has prepared a final draft 2005 KPB Comprehensive Plan; and, WHEREAS, public meetings were held to take comments from residents of the City of Kenai and surrounding area on October 20, 2003 and October 15, 2004; and, WHEREAS, the KPB Comprehensive Plan identifies, as an implementing action the imPortant issue of maintaining communication and coordination with borough dries regarding information sharing and decisions of mutual interest; and, WHEREAS, the Kenai Peninsula Borough Assembly will hold a final public hearing on KPB Ordinance No. 2005-19 on May 17, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it supports the Borough Assembly's adoption of KPB Ordinance No. 2005-19, adopting the 2005 KPB Comprehensive Plan. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day. of May, 2005. PAT PO RTE R, MAYO R ATTEST: Carol L. Freas, City Clerk clf KENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA * 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 May 12, 2005 Linda L. Snow, Kenai City Manager 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Re: KPB Comprehensive Plan Dear Linda, Thank you for providing review comments on the draft Kenai Peninsula Borough Comprehensive Plan. We value your comments and involvement in the process. All comments as presented by memo from Marilyn Kebschull were approved by the KPB Planning Commission at their regular meeting of May 9, 2005 for incorporation into the Plan. Additionally, the suggested replacement language for the Alaska Regional Aircraft Fire Training Facility will be added. The map revisions requested by letter dated December 3, 2004 from Carol Freas on behalf of Mayor Porter have been corrected. As required by State Statute the KPB Planning Commission submitted a final draft to the Assembly for review and consideration for adoption. The KPB Assembly will hold tl~-~'~ second of two scheduled public hearings on May 17, 2005 on Ordinance 2005-20, an ordinance adopting the 2005 Kenai Peninsula Borough Comprehensive Plan. Once again, thank you for your continued cooperation in making the Kenai a great place to live. Sincerely, Max J. Be~ Planning Director DALE BAGLEY MAYOR KENAI. ALASKA M MO: 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 1992 TO' Linda L. Snow, City Manager FROM' Marilyn Kebschull, Planning Administrator THRU' Jack La Shot, Public Works Manager DATE' May 26, 2005 SUBJECT: Kenai Peninsula Borough Comprehensive Plan Review _ It is my understanding at the last City Council meeting that Council asked staff to review the changes the Borough included in the final draft of the Kenai Peninsula Borough Comprehensive Plan that the Borough Assembly is considering. And, a review of the Plan's recommendation to expand the riparian area buffer zones from 50 feet to 100 feet for anadromous fish-bearing streams and how that may affect the City of Kenai. Acting City Manager Kopp asked me to provide information to you regarding these requests. I conducted a general overview of the changes identified in the memorandum to the Assembly dated May 16, 2005. I specifically reviewed any changes related to the City of Kenai. The comments addressed in my memo to you dated April6,2005 were addressed and corrections/additions were made as recommended with the following exceptions: Page 4-66, Table 4-7, they did not incorporate the two additions relating to the Kenai City Parks and Recreation facilities. On Page 6-27 in the "Erosion" section, them is still no mention of the Kenai bluff erosion or the bluff erosion project. Under the "Water Quality" section of the Plan, on Page 7-22, Goal 7.2, Objective 2 states, "To minimize negative impacts of water quality from dredging, filling, and grading in water bodies, wetlands, and intertidal areas." Two items included Kenai Peninsula Borough Comprehensive Plan Review Page 2 as Implantation Actions under this objective may have future impact on development within the City of Kenai. They are, Bo F, Consider expanding riparian area buffer zones from 50 feet to 100 feet for anadromous fish-bearing streams. Consider expanding the list of anadromous fish-bearing streams and rivers subject to riparian area protection. Item E would have an affect on all properties currently regulated by KPB Chapter 21.18 - Anadromous Streams Habitat Protection. This is the ordinance that restricts certain types of development within 50 feet of a protected stream and requires permitting through the Borough for such development. Section 21.18.060 of the Borough's ordinance identifies prohibited activities within the zone. Activities are described as, "no building, construction, filling, excavation, major clearing of vegetation, commercial recreational uses, or activity which results in significant erosion or damage to riparian habitat, or results in or increases ground water pollution, can be conducted except when specifically allowed under KPB 21.18.070, or when a conditional use permit has been issued." If the protection were increased to 100 feet, development on properties currently regulated by the ordinance would be restricted in twice the area. Item F could also affect development in the City. Currently, there are two bodies -of water within the City of Kenai covered under the Borough's ordinance, the Kenai River and Beaver Creek. If the ordinance was expanded to include Boat Launch Creek and No Name Creek, the areas within the City of Kenai covered under the ordinance could increase dramatically. It is my opinion that either increasing the protection zone or including additional streams may have a dramatic effect on properties abutting streams covered under the ordinance. Kenai Peninsula Borou.qh Planning De~ 144 North Binkley, Soldotna, AK 99669 (907) 262 ~.~.~.1 Fax (907) 262-8603 MEMORANDUM To: Gary Supermmb Assembly Pr~ident Assembly Members Thnr Dale Bagley, Borough Mayor DtA5 Thnr Max Best~ Planning Direc~r ~ From: Cfista Cady Hip~ Planner Date 5/16/2(E15 Attached is a chapter-by-chapter list of items approved by the Planning Commission for inclusion in the final draft document at the May 9, 2005 Comprehensive Plan public hearing. These items are now a part of the draft document under consideration for adoption by KPB Ordinance 2005-20. Items approved by KPB Planning Commission at May 9, 2005 public hearing for inclusion in 2005 KPB Comprehensive Plan- Final Draft Introduction · Page 4: Add a bullet to include "Comprehensive plans of the incorporated cities" to the list at the start of the page. Chapter 1 · Page 1-3: Add the following sentence to the Assessing section, "State statute (29.44- 110) requires that assessments be at current market value." · Page 1-18: Add the following text to the first full paragraph on this page, "The Borough has delegated zoning powers to the mcorporattd cities of Homer, Kenai, Seldovia, Seward and Soldotna for land within their boundaries. However, the Borough has not delegated planning powers tn these cities. While the dries create and adopt individual comprehensive plans, which set the framework for decisions and policies within the cities, these plans must be adopted by the Borough. The Cities of Homer, Soldotna, Seward, Seldovia and Kenai have adopted comprehensive plans. These plans are updated from time to time, by the individual city. After adoption by the City they are forwarded ~ the Borough for adoption by ordinance. After adoption by ordinance, they are considered as incorporated element~ of the borough's Comprehensive Plan." · Pa§e !-22: Add a description of the Port Graham tribal organization and community (similar ~ descriptions for other tribal organizations), to include the approximat~ numb~ of tribal members, governance stru~ location and number of acres of tribal land, and facilities and services provided to tribal members. · Pa§e 1-26: Rev~ the first sen~ce of the "Notification of Borough or Other Decisions and Actions" statement to read, "Adequate notification, communication and opportunities to comment on borough decisions is important..." · Page 1-30, Objective 7: Add a new Implementation Action D, "Create and maintain a Web-based version of the Comprehemive Plan with links to relat~ docum~~, including the Plan's Implementation Matrix." Chapter 3 · Page 3-4, 1~ paragraph reference to the LNG plant add, "of which Conoco Phillips the majority owner." Page 3-4, 2~a paragraph, add, "Unocal also has a long-term sales contract with Page 3-5, 1'~ column, last sentence, Revise to read, "Aurora also produces natural gas which is sold intermittently to Agrium Kenai Nitrogen Operations." Page 1 of 6 Page 3-5, 2nd column, 3rd paragraph, add, "The fertilizer market sells approximately 6,500 tons of urea annually for in-state use, including around 23 tons sold to the City of Kenai. Page 3-13: Add the Kenai River Festival and Kenai 4~ of July Festival to the list of tourism events. Page 3-13: Add the Homer Kayak Festival to the list of tourism events. Pages 3-14 to 3-15: Edit the description of the Russian and Kenai River fisheries to eliminate the word "return" and make those sections more readable." Page 3-14: Add, "The Alaska Islands and Ocean Visitor Center is a state-of-the-art interpretive, education, and research facility based on a partnership between the Kachemak Bay National Estuarine Research Reserve and the Alaska Maritime National Wildlife Refuge. The facility and its programs are dedica~ to the understanding and conservation of the marine environment through research, monitoring~ education, and outreach. In its first year of operation (2004), the Visitor Center hosted more than 75,000 guests." Page 3-18: Replace the language describing PRISM with the following text, "The Alaska Regional Aircraft Fire Training Facility opened in May, 1998. Called the Pacific Rim Institute of safety Management (PRISM), it provides airport, structural and industrial firefighter schools. Operated by a private firm and owned by the City of Kenai, the Center is a $13 million dollar, facility serving Alaska, Canada and the Pacific Rim." ~age 3-22: Edit the first sentence under the "Soldotna" paragraph heading to read, "The City of Soldoma is located on the Kenai River, 10 miles inland from Cook Inlet, 10 miles south of Kenai and 145 miles from Anchorage." Page 3-22: Include under the "Kenai" section, "The Kenai personal use fishery provides the area with significant economic benefits." Page 3-22: DoJete paragraph about youth detention center in Kenai. Page 3-22: Add the Kenai Peninsula School District in the description of government offices located in Soldotna. Page 3-23: Revise location of Sterling to be 10 miles east of Soldotna instead of 18 miles east of KenaL Page 3-25: Change last sentence in paragraph about Anchor Point economy to read, "Gravel extraction and construction are major industries in the Anchor Point area." Page 3-25: In the Homer economy section, revise the last bullet to read, "Research and educational fadlities including the expansion of the local Kenai Peninsula Campus of the University of Alaska, Alaska Islands and Ocean Visitor Center which houses the Kachemak Bay National Estuarine Research Reserve and the Alaska Maritime National Wildlife Refuge, the Pratt Museum, and the Center for Alaskan Coastal Studies." Page 3-25: In the Homer economy section, add the Lake Clark National Park and Preserve- offices, and Kachemak Bay State Park and State Wilderness Park to the bulleted list of facilities. Page 2 of 6 Page 3-24: (and other instances) Refer to Kachemak as Kachemak City where appropriate. · Page 3-32: Goal 3.1, Objective 5, add new Implementation Action L, "Support the health care industry as an important economic sector." · Page 3-32: Goal 3.1, Objective 5, alphabetize Implementation Actions. Chapter 4 Page 4-12 or 13: Add, "A youth detention center in Kenai was completed in 2004- 2005. The center is a 10 bed facility that employs 13 people." · Page 4-23: Check with legal dept to see if the Eastland VFD should be included in this lisL It may not be a sta~e recognized organization. - (Ver/fied as of 5/9/05) · Page 4-31: Add, "As of this writing, expansions to both the Central and South Peninsula hospitals were underway to accommodate increasing health care needs throughout the borougl~" · Page 4-4Z Add the following items to the Kenai Senior Services section of Table 4-5 under the "Additional identified Needs, Goals" column: ~ Expand services to include care coordination and wellness programs ~ Support Kenai Semor Connection, Inc. to build assisted living housing ~ Renovate kitchen ~ Expand senior housing · Page 4-66: Upda~ Table 4-7 to reflect that the Homer Ice Skating rink is complete. · Page 4-66: Add the following activities to the list in the last full paragraph: "climbing, hiking, kayaking, and wildlife ring.' · Page 44: Identify that the Commtmi~ Schools Program is offered by the City of Soldotna. · Page ~59: Add t~ Natural Gas section that Unocal is al~o a supplier of gas to ~. Add the name of the pipeline, Kenai Kachemak Pipeline and that the line has. been' extended t~ Happy Valley. · Page 4-60: Revise to say that Soldotna'$ wast~water treatment plan expansion is 90% compleX. Chapter 5 · Page 5-6: Goal 5.1, Objec~ve 1, add a new Implementation Action E, "Design upgrades to streets, culverts and bridges (new and old) to accommodate the 1% flood event to protect or minimize adverse impacts of flooding or erosion tn n~eighboring properties or resources." · Page 5-20: Reword 1st column, second line to say, "The Agrium dock handles fertilizers." Page 5-29: Correct information about proposed improvements to the Kenai airporL Page 5-29: Mention of the floatplane base at the Kenai Airport, that the City of Soldotna has adopted the master plan for the airport, and delete the sentence, "The Page 3 of 6 City of Soldotna has been investigating options to increase airport revenues to help support this facility." Page 5-36: First paragraph, mention of the 1990 flood in Kenai and Seward. Chapter, 6 · Page 6-32: Add a sentence to the "Natural Hazards" issue description to read: "Erosion of shoreline banks and areas with steep slopes is an issue in the central Peninsula (Kenai and Nikisk/areas) and southern Peninsula (Homer area)." · Page 6-33: Add a new issue rela~ed to cooperation among incorporated cities and the Borough, "Growth and Development Adjacent to Incorporated Cities. The incorporated cities of the borough exercise their zoning powers t~ direct land use development within their boundaries, as well as offer services such as police protection and the provision of public u_filities. Land use development immediately adjacent to the incorporated cities has an impact on the neighboring city. Areas contiguous to the incorporated dries are experiencing growth and development. The Borough and the cities will be able to collectively address these issues more effectively by working together to address development in these areas and facilitat~~ harmonious growth and minimize negative impacts to neighboring properties.' Page 6-Z In State Iamd section add, "The Borough worked extensively with the State of Alaska in the development of the Kenai Area Plan which was adopted in 2001." Page 6-1Z Add to 1st column, Floodplain Management, "The Kenai Peninsula Borough participates in FEMA's Community Rating System Program and has been classified as an 8." · Page 6-13: Add to Anadromous Streams Habitat Pro~on, "The ordinance was originally adopted following the 1995 Kenai River flood to address development along the Kenai River and was then expanded in 1999 or 2000 to cover other anadromous rivers/streams in the Borough." · Page 6-16: Add to 2nd column, 3rd line, "Tim Spruce Bark Beetle Task Fo~_e.~was · created by the borough with funding provided by the U.S. Forest Service." · Page 6-16: Add to 2nd column, Private Land, "Cook Inlet Tribal Council (C1TC) is involved in an extensive reforestation/restoration program on CIRI and Ninilchik Native Corporation lands." · Page 6-29: Add to 1st column, "Mt. Spurr eruptions have also impacted the Kenai Peninsula Borougl~' · Page 6-35- Add new Goal 6.2, Objective 1, Implcmemafion Actions A and B, "Goal 6.2: To support efforts to foster responsible agricultural growth and diversity in the Kenai Peninsula Borouglx Objective 1' To promote greater understanding and appreciation of human interaction and impact on the ecological systems found' in the Borough. A. Support pursuits to develop economically viable agricultural leases on borough land. B. Encourage ecologically sound agricultural educational opportunities within the Borough. · Page 6-37: Goal 6.5, Objective 1, revise Implementation Action D to read, "Improve regulation of specific land uses and types of land, including gravel pits, floodplains, correctional facilities, manufactured home parks, steep slopes, and coastal beach and Page 4 of 6 shoreline bluffs per Borough Ordinance (Chapter 21) to protect or minim~ adverse impacts of flooding or erosion to neighboring properties or conflicts with surrounding land uses." · Page 6-38: Goal 6.5, Objective 1, revise Implementation Action E to read, "Improve borough requirements to review and regulate gravel pits to ensure protection of the public health and safety and to reduce or minimize adverse impacts of flooding or erosion to neighboring properties or resources." · Page 6-38: Goal 6.5, Objec°dve 1, modify Implementation Action F to replace "Enhance" with "Develop". · Page 6-38: Goal 6.5, Obj~ve 1, add new Implementation Action G, "Write borough regulations to address adverse impacts of junkyards and abandoned or dangerous structures or other junk equipment." · Page 6-38: Goal 6.6, Objective 1, revise Implementation Action C to read, "Continue to use an mtegrat~ approach to address impacts on water quality/quantity of subdiv~ion development, gravel extraction, road construction, shoreline armoring, and other land development and use activities." · Page 6-38: Goal 6.6, Objective 1, revise Implementation Action D to read, "Work with property owners to minimize development impacts on wetlands, coastal shores and bluffs, riparian areas, and wildlife and their corridors and essential habitats by encouraging siting of structures to avoid impacts on these resources." · Page 6-38: Goal 6.6, Objective 1, revise Implementation Action F to read, "Identify sources that offer incentives for developers to set aside sensitive areas and open areas to serve as open space, conservation or natural areas." · Page 6-38: Goal 6.6, Objective 1, add new Implementation Action G, "Support efforts to minimize adverse impacts of flooding or erosion to protect neighboring properties or resources." Chapmr 7 Page 6-33: Second column, CZM bullet delete second sentnnce regarding Bomugh's. role in CZM program. Page 7-14: Include the Oil Pollution Act of 1990 (OPA'90) in section on Federal regulations. Page 7-15: Complete the sentence in the 1st column, 2nd paragraph, 5th line, "The Kasilof AMSA River Plan was adopted in 1989 and the Port Graham Plan'-was adopted in .' · Page 7-1~ Revise language in Changes in CZM issue to, "Recent state legislation has shifl~ a s gn ca t porto, of the enforcement policy of Coastal Zone Management Programs to state agendes, resulting in less local control of resources by the borough. Many re~ident~ support stronger coastal zone management regulatiom.' · Page 7-20: Goal 7.1, Objective 2, add new Implementation Action D, "Co .dify the Coastal Zone Management program t~ ensure it~ contin~tion." Page 7-21: Include, "and cities" in Objective 1, Implementation Actions A, B, and D. · Page 7-2Z Goal 7.2, Objective 2, revise Implementation Action F to say, "...e.g., the Eastern Penins~." Page 5 of 6 Page 7-23: Under Sources of Pollution and Impacts, revise to say that there are four industrial facilities in Nikiski. · Page 7-26: Goal 7.3, Objective 2, add new Implementation Action C, "Investigate acquisition of a portable, efficient wood burner to be used at the landfill and solid waste transfer sites, or other areas deemed appropriate." · Page 7-44: Revise language under "Issues" heading to say, "Issues related to brown bears, migratory birds and bald eagles were identified dunng public meetings conducted' and through public comments received as part of the Comprehensive Plan update process. They include the following:" · Page 7-45: Add new issue, "Protec~on of bald eagles and migratory birds. Bald eagles and migratory birds are prof--°md under federal statutes, including the.Eagle Protraction Act and Migratory Bird Treaty Act. The US Fish and Wildlife Service urges local governments and property owners to avoid actions that harm these species or their habitat and note that such actions can result in criminal or civil · Page 7-46: Goal 7.8, Objective 1, add new Implementation Action B, "Encourage adoption of development regulations that would encourage use of bear-proof garbage containers." General · Fix formatting issue so that all map symbols print correctly. · Check photos again to ensure no repeats. · Use photo of Funny River sign somewhere. · Indicate that goals, objectives and actions are not listed in any priori .ty order. · Update all areas of the plan that refer to the Coastal Management Program to reflect the new regulations and the revised KPB Coastal Management Plan Correct all type-o's Page 6 of 6 KENAI PENINSULA BOROUGH/~,7~_.~ ' ..~=,,. ~j~r ~ BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR MEMORANDUM TO: Gary Superman, Assembly President Kenai Peninsula Borough Assembly Members THRU-~~ Dale L. Bagley, Borough Mayor FROM: n~ Max J. Best, Planning Director DATE: May 13, 2005 SUBJECT: Ordinance 2005-20; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan The Planning Commission reviewed the subject ordinance during their regularly scheduled May 9, 2005 meeting. A motion to recommend enactment of the ordinance passed by, unanimous consent vote. Draft, unapproved minutes of the subject portion of the meeting are attached. Kenai Peninsula Borough Planning Department 144 North Binkley, Soldotna, AK 99669 (907) 262-4441 Fax (907) 262-8603 May 6, 2005 Gary Superman, Assembly President Kenai Peninsula Borough Assembly Members Dear President Superman and Assembly Members, The Planning Commission has prepared a draft 2005 Kenai Peninsula Borough Comprehensive Plan as required by state statute. I hereby respectfully submit this proposed plan for your review and consideration for adoption on behalf of the Planning Commission. The draft plan represents nearly two years of hard work on the parts of many people, with the intent of developing an accurate, thorough, and useful document. Over the course of the plan update process, public participation was essential in helping to shape the content of the draft document. The Borough has changed considerably in the 13 years since the previous comprehensive plan was adopted, and hundreds of comments made by community members are reflected in these updated existing conditions, issues, goals, objectives and actions. Topics addressed by chapter in the draft comprehensive plan include local government, population and housing, economy, public services and facilities, transportation, land management and use, and environmental quality. Along with an up-to-date narrative in each chapter, .new maps, tables and charts were created for the plan. The plan's readability has been improved by the addition of tabs for easy searching and an implementation matrix that brings all the goals, objective and actions together for simplified study. An expanded introduction includes a bit of local history, an explanation of the plan' s purpose, and a description of the Borough' s powers and responsibilities. We are confident that this new plan has support from a diverse cross-section of borough residents, and that it will prove a valuable resource for helping to shape borough decisions on many levels for years to come. rely, Philip W. Bryson, Chairman Kenai Peninsula Borough Planning Commission AGENDA ITEM F. PUBLIC HEARINGS . Ordinance 2005-20; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan The 2005 KPB Comprehensive Plan final draft is submitted for your review and decision regarding its adoption. Over the past two years, planning department staff and the comprehensive plan consulting team have worked closely together to produce a document that is an updated and accurate illustration of existing conditions in the borough. An extensive set of public meetings were held in 12 communities throughout the borough both in 2003 and 2004, where issues important to residents were noted and discussed, and an initial draft plan was later presented. The public's response to the initial draft included suggestions for edits and showed overwhelming agreement with, or support for, amended goals, policies and actions. Additionally, the comprehensive plan update team attended over 35 business and community group meetings, as well as meetings with representatives of local native tribal councils and corporations to ensure the project would receive a broad base of opinions and feedback. Local newspapers and radio stations helped keep community members informed of the project's progress by not only announcing the public meeting dates and times, but by helping residents understand the significance of the plan through several front page articles, editorials and on-air interviews. The planning commission and assembly held a joint work session on June 15, 2004 to discuss the plan update process and provide feedback. The planning commission held two additional work sessions on December 13, 2004, and January 24, 2005, to discuss further plan revisions and continued to provide feedback on subsequent drafts of the document. After several revisions to the goals, objectives and implementation actions based on comments from staff, community groups, planning commission members and public, a final draft plan has been produced. The planning commission will hold public hearings for this ordinance on March 28, 2005 and April 25, 2005 and their recommendation will be forwarded to the assembly. It is the expectation and hope of the planning department and consulting team that the assembly, planning commission, mayor, borough departments and public will find the 2005 KPB Comprehensive Plan a useful guide for making decisions regarding borough wide issues. Three lists of comments and revisions were emailed to the commissioners. They are as follows: . Suggested Revisions to KPB Comprehensive Plan Recommended by Staff and Consultant. Suggested Revisions to KPB Comprehensive Plan Not Recommended by Staff and Consultant. Suggested Revisions to KPB Comprehensive Plan that Decision Needs to be made by Planning Commission There were comments in the desk packet from Commissioner Foster that the Planning Commission will need to make decisions on. Ms. Cady-Hippchen went to the City of Kenai Council Meeting on May 4, 2005. They decided to withhold their letter of support until the Planning Commission had made their decision as to the final content of the plan. A final decision needs to be made on the suggested revisions and a recommendation by the Planning Commission on the adopting Ordinance for the Plan. END OF STAFF REPORT Commissioner Martin stated that he did not find any reference to his suggestions of encouraging and fostering opportunities for agricultural. Ms. Cady-Hippchen answered that those comments were made during a work sessions several months ago. They should be in the final document. Commissioner Martin is disappointed that they were not included. Ms. Cady-Hippchen apologized and stated the commission can make a decision at this meeting to include them in the plan. Commissioner Martin asked if he needs to restate those comments or are there notes on his suggestions. Ms. Cady- Hippchen asked the Commissioner Martin restate the comments but will also make sure they are in the notos. KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING UNAPPROVED MINUTES PAGE 26 Commissioner Martin stated that he proposed using words like encouraging, foster, promote agricultural development on the Kenai Peninsula for the sake of economic diversity, education, etc. Before proceeding, Chairman Bryson opened the meeting for public comment. Seeing and hearing no one wishing to speak, Chairman Bryson closed the public comment and opened the discussion among the Commission. Commissioner Martin commented he would trust staff to include his suggestions in the plan. Commissioner Johnson asked if a decision needed to be made on the list of suggestions recommended by staff. MOTION: Commissioner Johnson moved, seconded by Commissioner Hutchinson to add to the Comprehensive Plan the suggestions on the List of Additions Suggested by Staff. The items recommended by Staff/Consultant Introduction · Make ~public utility' be plural. (page 1, half way down the page) · Add a bullet "Comprehensive plans of the incorporated cities" to the list at the start of the page (page 4) · Delete ~northem" and add "Nikiski" so it reads ~The power is exercised in the Nikiski area of the Borough..." (page 5) Chapter 1 · Use more current picture of Assembly. (page 1-1) · Add the following sentence to the Assessing section: ~State statute (29.44-110) requires that assessments be at current market value." (page 1-3) · Add a description of the Port Graham tribal organization and community (similar to descriptions for other tribal organizations), including the approximate number of tribal members, governance structure location and number of acres of tribal land, and facilities and services provided to tribal members. (page 1-22) · Replace picture of Hope area with picture of Funny River sign. (page 1-19) · Revise the first sentence of the "Notif~ation of Borough or Other Decisions and Actions" statement to read: "Adequate notifmation, communication and opportunities to comment on borough decisions is important .... ~ (page 1-26) · Add a new implementation action to "Create and maintain a Web-based version of the Comprehensive Plan with links to related documents, including the Plan's Implementation Matrix~" (page 1-29) Chapter 3 · Correct photo caption on divider page · Add new pie chart from ISER report. (pa.~e 3-2) · Add the Kenai River Festival and Kenai 4~' of July festival to the list of toudsm events. (page 3-13) · Add the Homer Kayak Festival to the list of tourism events. (page 3-13 · Edit description of Russian and Kenai River fisheries to eliminate the word "return" and make those sections more readable." (pages 3-14 to 3-15) · Add more information about the Alaska Islands and Ocean ¥'~itor Center, such as ~the center is a state-of-the- art interpretive, education, and research facility based on a partnership between the Kachemak Bay National Estuadne Research Reserve and the Alaska Maritime National Wildlife Refuge. The facility and its programs are dedicated to the understanding and conservation of the marine environment through reseamh, monitoring, education, and outreach. In its first year of operation (2004), the V'=itor Center hosted more than 75,000 guests.' (page 3-14) Identify fire f'~3hting school as in the City of Kenai. (page 3-18) Edit the first sentence under the "Soldotna" paragraph heading to read "The City of Soldotna is located on the Kenai River, 10 miles inland from Cook Inlet, 10 miles south of Kenai and 145 miles from Anchorage." (page 3- 22) Under the "Kenai" section, note that "The Kenai personal use fishery provides the area with significa~ economic benef~." (page 3-22) Delete paragraph about youth detention center in Kenai. (page 3-22) Indicate that Sterling is 10 miles east of $oldotna instead of 18 miles east of Kenai. (page 3-23) Note that gravel extraction and construction are major industries in the Anchor Point area. (page 3-25) KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 27 UNAPPROVED MINUTES in the Homer economy section, correct the last bullet to read: "Research and educational facilities including the expansion of the local Kenai Peninsula Campus of the University of Alaska, Alaska Islands and Ocean Visitor Center which houses the Kachemak Bay National Estuarine Research Reserve and the Alaska Maritime National Wildlife Refuge, the Pratt Museum, and the Center for Alaskan Coastal Studies." (page 3-25) In the Homer economy section, add the Lake Clark National Park and Preserve- offices, and Kachemak Bay State Park and State Wilderness Park to the bulleted list of facilities. (page 3-25) Refer to Kachemak as Kachemak City. (page 3-24 and other instances- check) Page 3-4, 2nd paragraph: Unocal also has a long-term sales contract with Enstar, which should be reflected. In referencing the LNG plant you might note that Conoco Phillips is also an owner, I believe the majority owner. Page 3-5, 1st column: Agrium has purchased natural gas from Aurora but the last sentence is inaccurate, as it is not sold on a daily basis. It should be rewritten to state "Aurora also produces natural gas which is sold intermittently to Agrium Kenai Nitrogen Operations." Page 3-5, 2nd column, 3rd paragraph: Mention that the fertilizer market does sell annually about 6,500 tons of urea for in-state use, including around 23 tons sold to the City of Kenai. Page 3-6, 2nd column, 4th paragraph, 8th line: typo "... the second largest copper..." Page 3-22, 2nd column, 2nd paragraph: Mention is made of the government offices loCated in Soldotna butthe Kenai Peninsula School District is missing. Please add them to the list. Chapter 4 · Add this text: "A youth detention center in Kenai was completed in 2004-2005. The center is a 10 bed facility that employs 13 people." (page 4-13) · Check with legal dept to see if the Eastland VFD should be included in this list. It may not be a state recognized organization. (page 4-23) · Add this text: ~As of this writing, expansions to both the central and South Peninsual hospitals were underway to accommodate increasing health care needs throughout the borough." (page 4-31) · Add the following items to the Kenai Senior Services section of Table 4-5 under the "Additional iden~ Needs, Goals" column: , Expand services to include care coordination and wellness programs Support Kenai Senior Connection, Inc. to build assisted living housing Renovate kitchen Expand senior housing (page 4-42) · Update Table 4-7 to reflect that the Homer Ice Skating rink is complete. (page 4-66) · Add the following activities to the list in the last full paragraph' "climbing, hiking, kayaking, and wildlife viewing." (page 4-66) · Check with legal to be sure that the borough really does need a vote of the people to take on parks and recreation powers. (page 4-67) · Chapter 4, Education, Other Schools and Programs: General comment- The cities offer programs in conjunction with the schools, like the Community Schools Program offered by the City of Soldotna. These should be identif~d and included in the plan. (recommend general comment to this effect, rather than list of specific programs) · Page 4-59, 1st column, Natural Gas: Unocal is also a supplier of gas to Enstar and should be added. Add the name of the pipeline, Kenai Kachemak Pipeline. Also, the line has been extended to Happy Valley. · Page 4-60, 2n~ column, Soldotna: The wastewater treatment plan expansion is 90% complete. Chapter 5 · Correct vertical scale of Figure 5-2. (page 5-10) · Correct information about proposed improvements to the Kenai airport. (page 5-29) Page 5-10, Figure 5-2: what are the numbers on the left column? My copy only shows 00 and nothing to reflect what these numbers reflect. Is it traffic volumes? Page 5-15, 1st column, second line: Ordinance 202-19-17, is this a typo? Page 5-20, 1st column, second line: reword "The ^grium dock handles fertilizers." Page 5-27, 1st column, Cook Inlet Ferry, 2nd paragraph, 3rd line: Typo in "Cities" Page 5-29, 1st column: There is no mention of the floatplane base at the Kenai Airport. The City of Soldotna has adopted the master plan for the airport. Delete the sentence "The City of Soldotna has been investigating options to increase airport revenues to help support this facility." Page 5-31, 1st column, 1st paragraph: the rest of this paragraph got dropped and there exists an incomplete sentence. KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 28 UNAPPROVED MINUTES Page 5-36, 1st column: There is no mention of the 1990 flood in Kenai and Seward. Chapter 6 · Change color scheme on land use maps to be consistent with borough GIS color scheme. (Figures 6-7 thmu,.. 6-12) · Add a sentence to the "Natural Hazards" issue description to read: "Erosion of shoreline banks and areas with steep slopes is an issue in the central Peninsula (Kenai and Nikiski areas) and southern Peninsula (Homer area)." (page 6-32) · Under Goal 6.6, Objective 1, change Action "H" to "F." (page 6-38) · Add an issue related to cooperation among incorporated cities and the borough which includes some or all of the following information: ~Growth and development adjacent to incorporated cities. The incorporated cities of the borough exe~c~ their zoning powers to direct land use development within their boundaries, as well as offer services such as police protection and the provision of public utilities. Land use development immediately adjacent to the incorporated cities has an impact on the neighboring city. Areas contiguous to the incorporated cities are experiencing growth and development. The borough and the cities will be able to collectively address these issues more effectively by working together to address development in these areas and facilitate harmonious growth and minimize negative impacts to neighboring properties." (page 6-33) · Page 6-2, 2nd column, State Land: Mention that the borough worked extensively with the State of Alaska in the development of the Kenai Area Plan which was adopted in 2001. · Page 6-12, 1st column, Floodplain Management: The Kenai Peninsula Borough participates in FEMA's Community Rating System Program and has been classif~d as an 8. This needs to be included in the comprehensive plan as it is an important component. · Page 6-13, 1st column, Anadromous Streams Habitat Protection: The ordinance was originally adopted following the 1995 Kenai River flood to address development along the Kenai River and was then expanded in 1999 or 2000 to cover other anadromous rivers/streams in the borough. · Page 6-16, 2nd column, 3rd line: The Spruce Bark Beetle Task Force was created by the borough with funding _ provided by the U.S. Forest Service. · Page 6-16, 2nd column, Private Land: Cook Inlet Tribal Council (CITC) is involved in an extens~ reforestation/restoration program on CIRI and Ninilchik Native Corporation lands. · Page 6-29, 1st column' Mt. Spurr eruptions have also impacted the Kenai Peninsula Borough.. Chapter 7 · In CZM section, delete second sentence regarding implementation of CZM program. (page 7-1) · Add action or objective to "Encourage adoption of zoning or development regulations that would encourage use of bear-proof garbage containers. (pg 7-46 ) · Revise language re: changes in CZM program to "Recent state legislation has shifted a significant portion of the enfomement policy of Coastal Zone Management Programs to state agencies, resulting in less local control of resources by the borough. Many residents support stronger coastal zone management regulations." (page 7- 19) · Add an action to ~Codify the Coastal Zone Management program to ensure its continuation." (page 7-19 and 7- 20, Goal 7.1, Objective 2) · Revise language under "issues' heading to say "issues related to brown bears, migratory birds and bald eagles were identif'~d during public meetings conducted and through public comments received "as part of the Comprehensive Plan update process. They include the following:" (page 7-44) · Add a new issue "Protection of bald eagles and migratory birds. Bald eagles and migratory birds are protected under federal statutes, including the Eagle Protection Act and Migratory Bird Treaty Act The US Fish and Wildlife Service urges local governments and property owners to avoid actions that harm these species or their habitat and note that such actions can result in criminal or civil penalties." (page 7-45) · Page 7-14, Federal' Other laws, which have an impact on the Kenai Peninsula Boroughs, include the Oil Pollution Act of 1990 (OPA'90). · Page 7-15, 1st column, 2nd paragraph, 5th line: complete the sentence ~The Kasilof AMSA River Plan was adopt~ in 1989 and the Port Graham Plan was adopted in ????.' · Page 7-21, Objective 1, Implementation Actions: Include working with the cities on gathering and dissemination. · Page 7-23, 1st column, Sources of Pollution and Impacts: Them are four industrial facilities in Nikiski. · Page 7-36, 1st column, 4th line: there is an extra period (.) in the sentence. · Page 7-41, 1st column, 1st paragraph, 3rd line: typo on "species" KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEET. lNG UNAPPROVED MINUTES PAGE 29 General Page 7-42, 2nd column, Regulations, Planning & Monitoring Programs, Federal: Spell out the acronym ESA. Fix formatting issue so that all map symbols print correctly. Check photos again to ensure no repeats. Use photo of Funny River sign somewhere. Indicate that goals, objectives and actions are not listed in any priority order. Update all areas of the plan that refer to the Coastal Management Program to reflect the new regulations and the revised KPB Coastal Management Plan VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT Commissioner Johnson expressed confusion on the items not recommended by staff and asked if these, items should not go into the plan. Ms. Cady-Hippchen agreed. MOTION: Commissioner Johnson moved, seconded by Commissioner Massion to concur with staff on the list of things they felt not necessary to go into the plan. Chairman Bryson asked for consideration on the proposed Ordinance 2005-20 so amendments can be, made to it. MOTION: Commissioner Foster moved, seconded by Commissioner Hutchinson to repeal KPB 2.56.005 and recommend enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan Commissioner Johnson asked if the first motion to include the items recommended by staff still valid even though it is out of sequence. Chairman Bryson asked for it to be repeated. The motion was repeated: Commissioner Johnson moved, seconded by Commissioner Hutchinson to add to the Comprehensive Plan the suggestions on the List of Additions Suggested by Staff. Commissioner Foster asked if his recommendations were included in the motion that the staff recommended to be included in the Comprehensive Plan. Commissioner Johnson commented yes, if they are included in the recommendations by staff. Commissioner Foster commented his'recommendations were in the lay down packet. Commissioner Johnson determined that he wanted to handle Commissioner Foster's suggestions that were in the lay down packet separately. Commissioner Johnson's intention for the motion was to include everything in the Comprehensive Plan that is in the list of additions suggested by staff. Chairman Bryson stated that the title of this list is "These Items Recommended by Staff / Consultant" which is 5 pages. Commissioner Hohl asked if copies of these lists could be obtained. Chairman Bryson called for a 5-rninute recess at 10:18 p.m. so staff could copy the lists and distribute to the Commissioners. Chairman Bryson called the meeting back to order at 10:27 p.m. Chairman Bryson suspended the rules and the order of the agenda by moving onto Agenda Item G. 1 - Anadromous Stream Habitat Protection. KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 30 UNAPPROVED MINUTES Chairman Bryson moved back to the Comprehensive Plan Public Hearing and asked for further explanation from staff. Ms. Cady-Hippchen explained the three lists. (1) Items recommended by Staff / Consultant; (2) Items not recommended by Staff / Consultant; and (3) Staff requests decision on items by Planning Commission. There has been a motion to include the five page list of items suggested by staff / consultant. Chairman Bryson asked if it went to a vote. Ms. HaRley verified that the motion to include items recommended by staff was voted on and passed unanimously. The motion to concur with staff to not include items recommended by staff / consultant was not voted on. Repeated Motion MOTION- Commissioner Johnson moved, seconded by Commissioner Massion to concur with staff on the list of things they felt not necessary to go into the plan. ITEMS NOT RECOMMENDED BY STAFF I CONSULTANT Chapter 3 · Page 3-24, 2,~ column, Cooper Landing: Should there be some discussion on the Senior Housing Complex?. · Page 3-31, Implementation Action J. Reword "Support environmentally responsible natural resource development, including oil and gas." (previously eliminated similar lan_ouaoe based on direction from PC) Chapter 5 · Page 5-11, Table 5-1' Is there any way to add a column to show projected time frame/timeline? · Page 5-14: Add an objective "Work with cities to ensure appropriate pedestrian facilities existing along major travel ways within cities that connect with Kenai Peninsula Borough and State of Alaska trails and pedestrian walkways. Chapter 6 · Modify Goal 6.5, Objective 1, Action A to read: Identify local or regional planning areas where the number or degree of land use conflicts may indicate the need for a local or regional land use planning processes, including , establishinq zonin._q. · Page 6-27, 1st column, 1st paragraph: Them should be discussion regarding the Community Rating Service program. There is no mention given to the Port Graham Hazard Mitigation Program developed by the borough by Montgomery Watson in 2000-2001. (too much detail - not consistent with rest of section in terms of level of detail) Chapter 7 · Page 7-27, 2nd column, 4th line: The statement made "unsafe disposal" insinuates that the industrial complex~=,s are violating the law and not properly disposing of materials. It is a very bold statement and may not been an accurate reflection. (Note: The sentence indicates sometimes chemicals produced by industrial industrials and others have been released due to unsafe handling It does not assign blame or indicate anyone has violated the law." General · Please consider adding a time frame or other prioritization method to the Implementation Matrix. (Note: This issue was discussed by the Planning Commission and Assembly and it was decided not to do this.) · Another general suggestion is to add more action words to the implementation table; use words such as "fund", "write", "proceed" instead of passive words. I think it would give the plan more credibility and power to use words that call for action. (Note: Much of this language is general by intent, to avoid over-committing borough staff or resources.) VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES ABSENT YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT Chairman Bryson moved to the list entitled "Staff requests decision on these items by Planning Commission. KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 39 UNAPPROVED MINUTES MOTION' Commissioner Johnson moved, seconded by Commissioner Isham to include in the Comprehensive Plan the language in introduction on the page entitled "Staff requests decision on these items by Planning Commission". INTRODUCTION Add the following information to the "Relationship to Other Plans and Ordinances" or "Borough Powers and Authorities" section' "The Borough has delegated zoning powers to the incorporated cities of Homer, Kenai, Seldovia, Seward and Soidotna for land within their boundaries. However, the Borough has not delegated planning powers to these cities. While the cities create and adopt individual comprehensive plans, which set the framework for decisions and policies within the cities, these plans must be adopted by the Borough. The Cities of Homer, Soldotna, Seward, Seldovia and Kenai have adopted comprehensive plans. These plans are updated from time to time, by the individual city. After adoption by the City they are forwarded to the Borough for adoption by ordinance. After adoption by ordinance, they are considered as incorporated elements of the borough's Comprehensive Plan." VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT CHAPTER 2 Commission Hohl asked if it would be better to support museum across the Peninsula rather than just the Kenai River Museum. Ms. Cady-Hippchen stated that this item was brought from the Soldotna Historical Society. She mentioned that this plan was mainly for the unincorporated areas of the Borough, it seems silly not to support all museums within the Borough. There was also a discussion of where the logical place would be to put it in the plan. Ms. Cady-Hippchen suggested that an addition of a Cultural Resources section be added but they didn't want to go that far at this late date. The consultant acted on the suggestion and provided language by the Soldotna Historical Society created an objective 2. The Planning Commission does have the ability to revise the language. Commissioner Hohl expressed concem that it is under Borough programs. It sounds like it is going to be a Borough owned museum and would be exclusion to the existing museums in other areas of the Borough. MOTION: Commissioner Johnson moved, seconded by Commissioner Isham to add both bullet points under Chapter 2 in the Comprehensive Plan. Add an issue to Chapter 2 as follows "Museum of history and culture. Understanding the bomugh's past is essential to planning for its future. Collecting and maintaining historic and cultural resources that tell the story ofthe borough's history is one important way to ensure this. From the First Dena'ina People at the confluence of the Russian River with the Kenai, to the miners, trappers, homesteaders, oil field workers and today's merchants, commuters, tourists; successive waves of people have lived off the river's bounty and beauty. While many artifacts, photos and stories have been collected, there is no central space in the borough designated for their storage and display." Add an objective (2) and accompanying implementation action (A) to Chapter 2 as follows "Objective 1. Preserve and display the historic and cultural story of the borough and its people." "A. Support efforts to create a shared Kenai River Museum in the borough." Commissioner Johnson is going to vote against the motion. He is a member of the Kasiiof Historical Society and reads a lot of history but doesn't think it fits there in the plan. If these museums are added then it leads to adding more museums. Chairman Bryson called for a roll call vote. KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING UNAPPROVED MINUTES PAGE 40 VOTE' The motion failed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM NO ABSENT NO NO NO NO NO , , JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 0 YES NO NO NO ABSENT NO ABSENT 10 NO 3 ABSENT CHAPTER 3 MOTION' Commissioner Massion moved, seconded by Commissioner Tauriainen to include all four bullets under Chapter three. Commissioner Johnson asked staff if the first bullet (reorder list of actions) could be alphabetized. AMENDMENT MOTION' Commissioner Johnson moved, seconded by Commissioner Hutchinson to alphabetize the list of actions in Goal 3.1. AMENDMENT VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES '~OHNSON MARTIN MASSION PETERSEN TAURIAINEN 'TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT AMENDMENT MOTION' Commissioner Gross moved, seconded by Commissioner Foster to delete bullet #3 from Chapter 3. Objective 1, Implementation Actions: Add an action or incorporate in another action, discussion of partnering with other entities in preparation or coordination of activities to strengthen the borough's economy. Include the Universi~ of Alaska, Alaska Commissioner Johnson asked staff what the objective was with bullet 3 of implementing actions and listing the different entities that it could be partnered with. Ms. Cady-Hippchen received a suggestion to add an action or incorporate in another action of list of actions A-G under Goal 3.1, Objective 1. The suggestion of partnering with the entities included in this list to help strengthen the Borough's economy. Commissioner Johnson asked if this item was singled out and being handled separately. Chairman Bryson stated yes. Commissioner Johnson supports the motion to delete it from Chapter 3. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT MOTION- Commissioner Foster moved, seconded by Commissioner Hutchinson to delete Objective 5 (bullet 4). Objective 5: Strengthen implementation actions by listing real tasks that can be undertaken; such as marketing techniques or other tasks. (page 3-32) Commissioner Foster stated he is not necessarily opposed to this but did bring it up in a work session to the consultant who suggested that it would be a better idea not to include it. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 41 UNAPPR""' ': .f, uv,_D MI.- U JOHNSON MARTIN MASSION I PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES I ABSENT YES ABSENT 3 ABSENT CHAPTER 4. MOTION' Commissioner Massion moved, seconded by Commissioner Johnson to approve Chapter 4 (two bullets). Consider editing action A of Goal 4.6, Objective 1 to not indicate increasing borough funding for senior centers. (page 4-46) Under, Goal 4.9, Animal Control' Strengthen Objective 2 needs to clarify if a study (of joint borough/city ac 'tn/ities for animal control) is to be completed and place a timeframe on its completion. (page 4-65) Commissioner Foster asked if everyone feels comfortable with Objective 5 in Chapter 3 (bullet 2), "Support the health care industry..." He asked staff how it would fit in with the rest of the recommendations. Ms. Cady-Hippchen stated that comments were received from many communities pointing out the importance of mentioning the growing health care industry within the Kenai Peninsula Borough. They also had representatives give several comments of existing conditions, goals and objectives and issues. Some of their comments were included in the plan. This would be very consistent with what has been heard around the Borough with the process of this update. It was brought to the attention of the Commission that the motion for Chapter three was not voted on. Ms. Hartley clarified that the chapter three motion was not voted on. Commissioner Johnson clarified that the things left in Chapter three are (1) to reorder the list of actions in alphabetical order and (2) Objective 5 to support the health care industry. · Reorder list of actions in Goal 3.1, Objective 5 to put oil and gas exploration closer to the top or alphabetize list. (pages 3-30 and 3-31) · Under Objective 5, add an action to "Support the health care industry as an important economic sector." (page 3-31) _ Commissioner Johnson stated he would vote in favor of this motion. He supports the University of Alaska that is mentioned in the next one but commented that it is covered in the next chapter in the public services and facilities section. CHAPTER 3 MOTION VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES , JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT Chairman Bryson asked for discussion on chapter 4. Commissioner Gross asked for comment on the changes in Chapter 4. Ms. Cady-Hippchen stated the first bullet is a suggestion that was received from a current Assembly member. However, the Senior Centers would not be in favor of this item. The second bullet received several comments of support. Chairman Bryson asked for a motion to suspend the rules for termination of the meeting and. extend it 15 minutes. MOTION: Commissioner Hutchinson moved, seconded by Commissioner Johnson to suspend the rules for termination of the meeting and extend it 15 minutes. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING UNAPPROVED MINUTES: PAGE 42 MOTION- Commissioner Hutchinson moved, seconded by Commissioner Johnson to eliminate Bullet I from chapter 4. Consider editing action A of Goal 4.6, Objective 1 to not indicate increasing borough funding for' senior center.~ (page 4-46) VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSlON PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT MOTION: Commissioner Gross moved, seconded by Commissioner Massion to remove Bullet 2 from Chapter 4. Under, Goal 4.9, Animal Control' Strengthen Objective 2 needs to clarify if a study (of joint borough/city activities for animal control) is to be completed and place a timeframe on its completion. (page 4-65) VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT CHAPTER 6 MOTION- Commissioner Massion moved, seconded by Commissioner Johnson to pass Chapter 6 (6 bullets). Commissioner Hohl asked if the land use regulations are listed somewhere else in the document or do they need to be li~:l in this chapter. I~. Cady-Hippchen statc~t that the land u~ regulations carr~ by the Borough am li~t~ in regulatory framework under the existing conditions of chapter 6. Commissioner Hohl asked if they could strike the last sentence of bullet 1. There is no need for this bullet since it is already included in the draft plan. MOTION- Commissioner Hohl moved, seconded by Commissioner Foster to strike bullet 1 of Chapter 6. Goal 6.4: Objective 1, edit to read: "To ensure that land use re~3_ ulat~ns adopted by the Borough are necessary to control public and private land uses that affect public health and safety, address adverse impacts on the rights of adjacent property owners, or further the goals and objectives of this Comprehensive Plan." Also, define or listwhat land use regulations are referred to in this objective and subsequent implementation actions. (page 6-37) VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT Commissioner Gross asked staff if these items would be listed in the recommendations by staff if they really wanted them included in the plan. Ms. Cady-Hippchen stated that items on this list are borderline items of things that were discussed a lot within the process of this update. The items in chapter six needed more consideration and attention since they have to do with land use regulations. There was a comment to change enhance to develop since there is not a way to enhance something that they don't have. MOTION: Commissioner Johnson moved, seconded by Commissioner Foster to strike bullet 2 from the document. Modify Goal 6.5, Objective 1, .Action F to read: Develop borough regulations to address adverse impacts abandoned or inoperable vehicles, including an ongoing vehicle removal program; explore opportunities to pamte., with private landowners and businesses to address this issue. (page 6-37) KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 43 U NAPPR OVED MINU 'r, E:::,'" Commissioner Johnson felt this was an ambiguous thing and will not make a difference by adding this bullet. Commissioner Hohl stated that is it already in the document. The word enhance is being changed to develop. Commissioner Johnson asked if this waters it down by making it less. Commissioner Hohl stated that the person who said this said that they couldn't enhance something they don't have so the word was changed to develop. Ms. Cady- Hippchen stated that is correct. Commissioner Johnson asked if by adding bullet 2 it would actually develop language that will do something about junk cars. Ms. Cady-Hippchen stated essentially. Based upon this information, Commissioner Johnson withdrew his motion with consensus from the second. Chairman Bryson asked if there was objection to withdraw this motion. Chairman Bry~on so ordered. MOTION' Commissioner Gross moved, seconded by Commissioner Isham to eliminate the last three bullets of chapter 6. Goal 6.6, Objective 2, Add an implementation Action that "The borough will work with the cities in the preparalJon of land disposal and classification notices when the land abuts or is in the immediate vicinity of a city's limits." (page 6- 38) Add an action that would fund inventorying wetlands in the KPB to determine whether they are Iow or high value, and pursue developing a wetlands program in the KPB. (page to be determined) Add an action regarding subdMsion plat approval in high hazard areas or other properties that may not be developable due to physical constraints. (page to be determined) Commissioner Foster spoke to the fourth bullet. This is something where them is a lot of controversy but does hear about it at the City of Homer. He supported this bullet and not supports the motion on that one. The bullet below it where it talks about inventorying wetlands is already being done and it redundant. There is a concern with the 6th bUllet and asked how staff how it would look like. Ms. Cady-Hippchen stated there is something similar already in the plan that talks about-continuing to work with property owners to discourage subdivision development in areas that are XYZ. _ Chairman Bryson suggested the motion that combines 3 bullets be split to be addressed separately unless there is opposition. MOTION- To delete bullet 4. Goal 6.6, Objective 2, Add an implementation Action that "The borough will work with the cities in the preparation of land disposal and classification notices when the land abuts or is in the immediate vicinity of a city's limits." (page 6-38) Commissioner Hohl and Commissioner Hutchinson objected to this motion. Chairman Bryson called for a roll call vote. VOTE: The motion failed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM NO ABSENT NO YES NO NO YES JOHNSON MARTIN MASSlON PETERSEN TAURIAINEN TROEGER 2 YES NO NO NO ABSENT NO ABSENT 8 NO 3 ABSENT MOTION' To delete Bullet 5. Add an action that would fund inventorying wetlands in the KPB to determine whether they are Iow or high value, and pursue developing a wetlands program in the KPB. (page to be determined) Commissioner Hutchinson asked if this bullet was already in the plan. Ms. Cady-Hippchen stated this is carried out by other agencies. KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 44 U NAPPROVED M 1 ~',,t U ~"~:',...S VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES "'JOHNSON MARTIN 'MASSION PETERSEN TAURIAINEN ' TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT IIIOTION: To delete Bullet 6. Add an action regarding subdivision plat approval in high hazard areas or other properties that may not be developable due to physical constraints. (page to be determined) VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES , JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES I ABSENT 3 ABSENT Chairman Bryson asked for other discussion on Chapter 6. ItiIOTION:' Commissioner Foster moved, seconded by Commissioner Hutchinson to eliminate the third bullet Goal 6.5, Objective 1, add an Action G that reads "Write borough regulations or establish zoning areas to address adverse impacts of junkyards and abandoned or dangerous structures or other junk equipment." (page 6-37) Commissioner Foster stated this is nebulous and doesn't know how it could be written. Ms. Cady-Hippchen isn't sure she understood how it could be nebulous. Commissioner Foster commented that it is asking that the Borough write regulations or establish zoning areas to address adverse impacts. He asked if it is clear enough for the Comprehensive Plan. Ms. Cady-Hippchen stated it is a pretty clear directive. Commissioner Hohl commented that it would be clearer to her if the zoning areas were eliminated and it were just to write regulations. Ms. Cady-Hippchen stated that the Assembly could write Borough regulations to address this issue if they wanted to deal with zoning areas. It would not affect the action if that were to be removed. MOTION: Commissioner Hohl moved, seconded by Commissioner Foster to remove that paragraph. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT Chairman Bryson asked if there was further discussion on the modEmations of Chapter 6. Chairman Bryson asked if there was objection to the modifications to Chapter 6 items. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT Commissioner Hohl asked if the items that were in the packet needed to be addressed. Ms. Cady-Hippchen ask~ what items she was r~ferdng to. Commi~ioner Hohl stated all the information that was included in the mail out packet. Commissioner Foster thought his comments were the only ones that were left to be addressed. Ms. Cady-Hippchen stated that the City of Homer's and Anchor Point's comments were included, Seldovia and Cooper Landing had no KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 ME~i lNG PAGE 45 UNAPRF:~OV'-~D Mii',~ UTEe,., comments. Chairman Bryson asked if there was objection to the staff requests for decision on items by the Planning Commission. Hearing no objection, that list is modified as action taken. Ms. Cady-Hippchen stated there are two items that need to be addressed. (1) The suggestions given by Commissioner Foster. (2) The decision as to how to deal with Chapter 5, the adopted Transportation Plan that was done separately. The Commissioners have an encapsulated version of the Transportation Plan that was written by another consultant. There are a few people that want to make some changes and suggestions to Chapter 5. Ms. Cady-Hippchen referred to a letter from the consultant who gave three options for incorporating the Transportation Plan. They are as follows: Ao C. Incorporate the entire Transportation Plan into the Comprehensive Plan. Incorporate the Transportation Plan by reference only, with no detailed information, goals, objectives, or implementation actions explicitly included in the Comprehensive Plan. Incorporate key information from the Transportation Plan in the Comprehensive Plan - essentially including an abbreviated version of the Transportation Plan as Chapter 5. The consultant recommended Option C. Ms. Cady-Hippchen is looking for the Planning Commission's decision regarding the Transportation Plan. She suggested deferring it to the Assembly. MOTION: Commissioner Johnson moved, seconded by Commissioner Hutchinson to leave Chapter 5 as it is and allow the Assembly to make a decision on it. Commissioner Hohl stated that is one area that she spoke with the consultant about when they developed the Transportation Plan. She referred to 5.8 Goal, Objective 2 and asked why it is either, or in refocusing on the western side of the peninsula for ferry service and undermining service in the Borough in Pdnce William Sound. Commissioner Hohl still has a problem with that and does not know what to do with it. Commissioner Johnson asked what page number it was on. Commissioner Hohl stated 5.25. She doesn't feel that one plan should be pitted against the other. Ms. Cady-Hippchen suggested that modit'mal~ns and suggestions be initiated by Ordinance at the ~bty level on the Transportation Plan. Commissioner Hohl asked if this section is verbatim from the Transportation Plan. Ms. Cady-Hippchen stated that is not correct. Commissioner Hohl stated that they could add a section in support of maintaining the ferry to Seward. Ms. Cady-Hippchen stated the Transportation Plan was adopted as a cover-to-cover document. She deferred to Mr. Best for his comments. Mr. Best stated that it could be added as an element to the Transportation Plan. They were told they could add it at the time the ComPrehensive Plan was developed. Language will need to be added to this chapter to supplement that. To make changes can be made but will be dif~ult to follow because it will be put in this chapter when referring to a whole another document. It would have to be added as a supplement to the document. Commissioner Hohl stated them are other items in there that aren't in that document. She stated that this particular item might conflict with the other document rather than an addition to the other document. Mr. Best stated that is a possibly. Commissioner Johnson asked Commissioner Hohl for specific language to make a friendly amendment. Commissioner Hohl stated to maintain ferry service in Seward. Commissioner Johnson stated to put it in and see if the commission votes it up or down. FRIENDLY AMENDMENT MOTION' Commissioner Hohl moved, seconded by Commissioner Foster to maintain ferry service to ports historically served by the ferry. Commissioner Gross doesn't want to see where things are named specirm. It can open a can of worms. She felt it is better left out. Commissioner Massion commented that it doesn't help the Peninsula if maintaining service to Seward yet kills Seidovia. Commissioner Hohl stated she changed it from Seward to ports that historically receive service. Commissioner Isham commented that the State would probably say where the ferry goes since they will look at it economically if it should stop at Seward or Seldovia. MOTION- Commissioner Johnson moved to extend the meeting another 15 minutes. Hearing no obj~n, the meeting was extended. KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY.9, 2005 MEETING PAGE 46 Commissioner Johnson stated there is a friendly amendment on the floor. Chairman Bryson called for a roll call vote. VOTE: The motion failed by majority consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM NO ABSENT YES NO YES YES NO JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 4 YES YES NO NO ABSENT NO ABSENT 6 NO 3 ABSENT MOTION: Commissioner Foster moved, seconded by Commissioner Hutchinson to accept his recommended suggestions that were on the two-sheet handout that was marked in yellow. LAND MANAGEMENT USE (pg. 6-37, 6-38) GOAL 6.5 Do Eo Improve regulation of specific land uses and types of land, including gravel pits, floodplains, correctional facilities, a manufactured home parks, steed slopes, and coastal beach and shoreline bluff~_ per Borough Ordinance (Chapter 21) to protect or minimize adverse impacts of fioodin,_q or erosion to nei~._ hborina ~)rope _rtie~_ _ or conflicts with surrounding land uses. Improve borough requirements to review and regulate gravel pits to ensure protection of the public health and safety and to reduce or minimize adverse impacts of floodinq or erosion to ne'.K1_ hbodng properties or resources. GOAL 6.6 C. Continue to use an integrated approach to address impacts on water quality/quantity of subdivision development, ~ravel extraction, road construction, shoreline armodn.q_, and other land development and use activities. , D. Work with property owners to rninim ize development impacts on wetlands, coastal shores and bluffs, riparia,. areas, and wildlife and their corridors and essential habitats by encouraging sitting of structures to avoid impacts on these resources. F. Identify sources that offer incentives for developers to set aside sensitive areas and open areas to serve as open space, conservation or natural areas. FRIENDLY AMENDMENT: Ms. Cady-Hippchen gave some suggested rewording for Goal 6.6 (G). She suggested that it read, "support efforts to minim~e adverse impacts of flooding or erosion to protect properties or resoumes." G. support efforts to minimize adverse impacts of flooding or erosion to protect properties or resources. Commissioner Foster agreed to the amendment. VOTE' The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES ,.. YES YES YES ABSENT YES ABSENT 3 ABSENT MOTION' Commissioner Foster moved, seconded by Commissioner Johnson to accept the blue proposed suggestions. TRANSPORTATION (pg. 5-7, 5-8) To be added- Any uD._(3rade in streets, culverts and brid~es (new and old) will be designed to accommodate the 1% flood event. Any u~3~rades in streets, culverts and bridqes will be designed to protect or minimize adverse impacts of floodinp or erosion to nei.Clhborin~ properties or resources. LAND MANAGEMENT USE (pg. 6-37, 6-38) KENAi PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING ~J~"'~'~PP~V"~"-":'~ iVj~i'~ .......... ~ '"~ .... PAGE 47 upgrades in streets, culverts and bridqes will be designed to protect or minimize adverse impacts of flooding or erosion to nei~hborin~ properties or resources. Chairman Bryson opened discussion among the commissioners. Commissioner Foster stated the first one that was being proposed came up at the Floodplain workshop. Itwas identif'~l as a priority and voted on. The City of Homer introduced it into their Transportation Plan. He asked staff to comment on this. He stated that if DOT is going to come in and do repair work in a flood zone then they would have to upgrade to the 100 year flood. Mr. Mohorcich commented that the current policy for DOT is to design to the 50-year floodplain. They do ask that they consider the 100-year floodplain in most projects they get involved in. Mr. Mohorcich felt it would be wise to start looking at the longer goals and design to the 100 year floodplain. Chairman Bryson asked if 1% flood event is typical. Mr. Mohorcich stated it was a little different since they usually use the 100-year flood event. Chairman Bryson asked the 1% of what. Mr. Mohorcich stated the chance of it occurring in any one given year. Chairman Bryson asked if this was proposing that streets and culverts have a 100-year reoccurrence interval. Mr. Best stated that it is in the areas that are mapped. The 1% flood area is the definition forthe 100-year floodplain. The 100-year flood is the 1% chance. The Borough looks at all activities within the 100 year / 1% chance area in the River Center permitting process. Commissioner Martin clarified that the statistical probability that, that much water would come in one given year is confusing for the public since they think it hasn't been 100 years since they've had this flood. They think they are safe. There could be a 100-year flood three years in a roll. Commissioner Johnson stated that the amount of upgrading between the 50-year floodplain culvert and the 100-year floodplain is much less significant than when the road washes out and starts over. He felt this is a very wise statement to have in the plan. Commissioner Gross felt that this is micromanaging again like telling them where to put the ferries. She hoped the engineers and the people working on the roads would make the right choices. Chairman Bryson stated that typically drainage structures are a function of the value of the property that is ,being protected. He felt that broad determinations of any upgrades to street~, culverts and bridges could be broadly interpreted, it is not the intent of all road construction to have design requirements to design to 100-year standards. Commissioner Johnson commented it states to accommodate to the 1% flood event and not asking that roads last 100 years. He will be voting in favor of this motion. AMENDMENT MOTION: Commissioner Foster moved to eliminate the other blue ones so they don't have to discuss them too much more. DUE TO ^ LACK OF A SECOND THE AMENDMENT MOTION DIED. Commissioner Johnson stated he seconded the original motion only for the first proposed suggested change. (CLERK'S NOTE: There was discussion that Commissioner Foster's original motion only included the Goal 5.2 addition. Upon listening to the recording, his motion included ali the proposed suggestions marked in blue.) Chairman Bryson called for a roll call vote. VOTE' The motion passed by majority consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM NO ABSENT YES NO YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER '7 YES YES YES YES ABSENT NO ABSENT 3 NO 3 ABSENT Commissioner Hohl referred to Goal 7.2, Objective 2 (F) that states "Consider expanding the list of anadromous fish- bearing streams and rivers subject to riparian area protection." She would like to add EG, Eastern Peninsula to the list. llilOTION: Commissioner Hohl moved, seconded by Commissioner Johnson to move add EG, Eastem Peninsula to the list on page 7-22; Goal 7.2, Objective (F). KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 48 ,'4APPROVED i'vif!xiu ~~ Commissioner Gross objected to the motion therefore, Chairman Bryson called for a roll call vote. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM - YES ABSENT YES NO YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 9 YES YES YES YES ABSENT YES ABSENT 1 NO 3 ABSENT Commissioner Hohl had a request from a Planning Commissioner to add the portable efficient wood bumer and did not see this under Air Quality on page 7.26. Ms. Cady-Hippchen stated they did receive those comments at the Assembly public hearing. It is approprate to include that at this time. MOTION: Commissioner Hohi moved, seconded by Commissioner Hutchinson to add on page 7.26 - (C.) Investigate acquisition of a portable efficient wood burner to be used at the landfill in solid waste transfer sites or other areas deemed appropriate. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT Commissioner Hohl stated she didn't see anything about encouraging the use of bear proof containers. Ms. Cady- Hippchen stated that it was actually in the list of items recommended by staff. Chairman Bryson stated it was incorporated. MOTION: Commissioner Hohl moved, seconded by Commissioner Hutchinson to include Qutekack Tribe where' Port Graham Tribal Organization and Community is discussed. It is on items recommended by staff. Commissioner Johnson asked for clarification. Commissioner Hohl commented that Qutekack Tribe was left out of the plan. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES YES YES YES ABSENT YES ABSENT 3 ABSENT REPEATED MAIN MOTION: Commissioner Foster moved, seconded by Commissioner Hutchinson to repeal KPB 2.56.005 and recommend enacting KPB 2.56.006, Adopting the 2005 Konai Peninsula Borough Comprehens~te Plan VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM -YES ABSENT YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 10 YES . .YES YES YES ABSENT YES ABSENT 3 ABSENT AGENDA ITEM J. SUBDIVISION PLAT PUBLIC HEARINGS Commissioner Johnson reported that 15 plats were approved and 1 plat postponed against the subdivider's wishes. AGENDA FFEM ~ COASTAL MANAGEMENT PROGRAM CONSIDERATIONS KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 9, 2005 MEETING PAGE 49 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2005-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2005 AND ENDING JUNE 30, 2006. WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the tenth day of June; and WHEREAS, the Council has adopted the "City of Kenai 2005-2006 Annual Budget," which estimates property tax revenue based upon a tax rate of 4.5 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing duly 1, 2005 and ending dune 30, 2006 be fLxed at 4.5 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~ (OS / ~ / ~.00S) hi ~ Suggested by: Administrauon CITY OF KENAI RF.~OLUTION NO. 2005-25 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $7,500 IN THE GENERAL FUND FOR REPAIR OF THE FINE ARTS BUILDING. WHEREAS, it is in the best interest of the City of Kenai to make certain repairs to the Fine Arts buildin~ and, WHEREAS, funds are available for transfer in the Building Department Buildings account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Building Department- Buildings $7,500 To: Building Department- Repairs and Maintenance $7,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (05/24/2005) hl CITY OF KENAI Suggested by: Administration RF.~OLUTION NO. 2005-26 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO DENNY'S CONSTRUCTION, INC. FOR CONCRETE REPAIRS - 2005 FOR THE TOTAL AMOUNT OF $22,520. WHEREAS, the following bids were received on May 25, 2005' BIDDER Denny's Construction, Inc. Th-City's Construction, Inc. TOTAL $22,s2o $28,50;2 WHEREAS, Denny's Construction, Inc.'s bid meets the bid specifications; and, WHEREAS, the recommendation from the Administration is to award the bid to Denny's Construction, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Denny's Construction, Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Concrete Repairs-2005 be awarded to Denny's Construction, Inc. for the total amount of $22,520. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June 2005. PAT PORTER, MAYOR ATTEST' Carol L. Freas, City Clerk/..,_ Approved by Finance: KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us MEMORANDUM TO' FROM: DATE: RE' Mayor Pat Porter and the Kenai City Council Cary R. Graves, City Attorney May 27, 2005 Ownership of K-6 Boat This memorandum is to examine who owns the K-6 boat currently displayed at the Kenai Visitors and Cultural Center. The boat is an historic, wooden, fishing boat that was refurbished in the early 1990's. It is not known how many remaining K boats are in existence, but at best the-re are very few. On May 16, 2005, Dan Van Zee. Facilities Manager for Kenai Landing, Inc.. sent a letter to City Manager Linda Snow, informing her that Kenai Landing had purchased the boat tbr one dollar from Jeff Jefferson and would be moving it there. Kenai Landing had spent several thousand dollars building a display area for the boat. On May 17, 2005, Mya Renken of the Kenai Convention & Visitors Bureau faxed documentation to the City Manager indicating the boat was previously donated by Mr. Jefferson to the "City of Kenai Bicentennial Visitors & Cultural Center." It was the Bureau's position that the boat was owned by the City of Kenai. Ms. Renken provided a copy of a 1993 Deed of Girl signed by Mr. Jefferson and Sue C. Carter, the Executive Director of the Kenai Visitor and Convention Bureau, Inc. (Bureau).~ The Bureau was under contract with the City to mn the City's Visitors & Cultural Center. The Deed of Gift is dated April 7, 1993. On the same date, Mark S. Necessary, President of the Bureau's Board of Directors, sent Mr. Jefferson a letter thanking him for the donation on behalf of the Bureau and the City. In a May 13, 2004 list of items on display needing to be insured, the Bureau listed the boat as being a gift to the City of Kenai. (Attachment A.) The first issue that arises is to determine whether the intent of the donation was to give the boat to the City or the Bureau. There is no legal entity called the "City of Kenai Bicentennial Visitors & Cultural Center" (Center). The Center is a building owned by the City of Kenai and mn under contract by the Bureau. The Deed of Gift (Attachment B) was prepared by the Bureau. It does Mayor Pat Porter and Councilors May 27, 2OO5 Page 2 of 2 not indicate the gift is to the Bureau; instead the gift is to the "City of Kenai Bicentennial Visitors & Cultural Center." If the Bureau thought the gift were for it, they would have put their name on the form as the recipient. They did not. I spoke with Jeff Jefferson and Sue Carter, then-Executive Director of the Bureau, and they both stated the intent was to give it to the City of Kenai. It is my opinion that while the wording was not precise, the intent of the gift was to give it to the City of Kenai. In order for a donation to be valid, it must be accepted. There is a legal presumption that a gift of value is accepted by the donee. Restatement, Third, Property (Wills and Other Donation Transfers), § 6.1(b) and § 6.1, Comment i; Matter of Estate of Curry, 143 Misc. 2d, 252, 540 N.Y.S. 2d, 152 (Sup. Ct. 1989). That presumption can even apply where a donation is delivered to a third party without the knowledge of the donee. Streeper v. Myers, 132 Ohio St. 322, 8 Ohio Op. 78, 7 N.E. 2d, 554 (Ohio 1937). A donee's exercise of control or ownership of the property is generally enough to constitute acceptance. 38 Am. dur. 2d, Gifts {}33 (1999). The City insured the item as being owned by it. That is an exercise of control or ownership. Moreover, from the list of insured items on display at the Center, it appears the Bureau · accepted donations of other items on behalf of the City.2 According to Sue Carter, tlaen-City Manager Bill Brighton verbally authorized the Bureau to accept the museum gifts on the City's behalf. It is my opinion that the Bureau had implied authority to accept the museum gifts on behalf of the City. Restatement, Second Agency, ~ 7, 3 Am Jur. 2d, Agency, § 18 (1986). Based on the above discussions, it is my opinion the intent of the gift was to give the boat to the City and that the City has legally accepted the donation. The City is the owner of the boat. On May 20, 2005, I spoke with Mr. Jefferson on the telephone regarding the boat. The boat has not been maintained and its condition has noticeably deteriorated since the donation in 1993. He indicated when he gave the boat to the City, the Bureau made a verbal commitment to keep the boat in good condition. He feels the Bureau has breached that commitment. He stated his desire is to keep the boat on display within the City of Kenai at Kenai Landing3. Mr. Jefferson felt the boat has an historical connection to the cannery and that Kenai Landing will maintain the boat. It is his desire that the City Council allow the boat to be displayed at Kenai Landing. Please let me know if you have questions regarding this memorandum. CRG/sp Attachments I The Bureau is now known as the Kenai Convention & Visitors Bureau. 2 The determination of ownership of this donation has spill-over effects on other donations accepted by the Bureau on behalf of the City. See Attachment A. 3 The Deed of Gift indicated the boat would be displayed at the Center. That request is not binding on the City because the Deed of Gif~ lists the donation as "unconditional." $ Am dur. 2d, Git~s, § 72 (1999). As noted above, the donor no longer wishes the boat to be displayed at the Center. To Whom It May Concern' Convention & Visitors Bureau,, . May 13, 2004 As requested by the City. of Kenai. a list of all collections whose value is over S5,000 is listed below for insurance documentation. The remaining 250 smaller collections and other museum related materials are also noted for the total insurance value of the Kenai Convention and Visitors Bureau's museum. L..oan Items Accession # Value Kenai Convention 8,: Visitors Bureau Collection City of Kena, Collection Myers and Koerber Collection Hi-Lo Charters .Margaret Menting Collection .tames Kunkle l'~'orv Collection 1992.017 515.000 1992.020 $10,000 1992.021 525,000 1993.012 S5,500 1994.011 $8.000 1995 014 $I00,000 Git2 Items Blanche Ryan Collection J~acques JacobSen Jr. .~ordstrom, Steele & Jefferson Collection Michael and Cindy Sausedo Collection Kelly Buechler Collection Donald Mellish Collection Phil and Karen Tebb Mary Margaret and Carl Casev Collection 1968.011 5100,000 ]978.001 $10,000 1993.009 $10,000 1997.015 $6,555 2001.001 $25,000 2002 001 518.000 2002.006 55,280 2002.007 522.500 Kenai Convention and Visitor~ Bureau Collection 2002.011 :$50.000 SUB TOTAL $410,&~ The remaining 250 smaller collections, whose values are under $5,000, account for the majority of our total permanent collection. These 250 smaller collections include approximately 2,000 artifacts. Their combined. value is estimated at approximately $900,000. ' The remaining museum equipment, including exhibit cases and other display material, storage shelving and archival materials, computer software and equipment, and other miscellaneous supplies are valued at approximately $250,000. I 'Sincerely, · · '., / '~,_,/ .ina~Woodard Vcrrcnsia Museum Services Manager The combined total value for the museum is approximately $1.6 million dollars. . f www.visitkenai.com ATTACI-I~ENT A 11471 Kenai Spur Highway- Kenai. Alaska 99611 · (907) 283-1991. Fax ~907) 283-2230- E-l~ait. kcvb~alaska.net i i i i i crrv - v-tsrro s & CU ZU AL DEED OF GIFT NAM~ o~ DoNoR(s) .... ,Mr. 3af~rey D. ~e£ferson NORDSTROM, STEELE & JEFFERSON :OR ~Bv&cc r~e o,,zY ,,, ACCESSION NL~IBER 93.9 TELEPHONi/NUMISP.~ ' - (907) 283-9187 ADDRESS (Number. $~eet, Cky. Sure. and Zip Code) 215 Fidalgo Avenue- Suite #201 Kenai, Alaska 99611 WHEREAS. the Kenai-~risir~rs & Cultural C~nt~r is d~=~d m encoura~ and asset in the exploratio,, Iw, ov~3r. restorauon, and pr~s~rvmon of s~ ma~nals and O-,, r~v~ m ~h¢ c~lmre and nsma~ history of ~h¢ Kenm special empha.~ on Kena/and the Cootc Inlet areas, and to inmgret mese ma~,~_s~s and data through displays, ~,hibia, nad exiucarional programs. __ .I/We hereby unconditionally donate to the City of Kcnai's Bieenmnnial Vixitors & Crdtur~ Cent=r, for it~ smcted u.~,~e i~-m(s) liszed below. I/We also s~sm that the subject cioration is my/our..~ersonal property fre~ and dear, to dispose of in any which I/we may determine. I/We also acknowledge actual delivery of the imm(s) list~t below m the City of Kenai's Bicentennial V~&. Cultural Creater. _ _ $IGNATUR.E DATE SIGNATURE DATE DESCRIFIIONOF osmcTS FISHING VESSEL K-6 Built in 1950 by' the Grandy Boat Works of Seattle, Washiugton and brought to Alaska as a cannery vessel by Libby, McNeil and Libby. The vessel is 29'7" in length, 9'7" in breath with a draft of 4'1". The vessel was restored by Thom Tom£dle and Frank (Red) Newton of Kenai. The vessel, as restored, is in excellent condition and will remain on display at Center. _ ., · · m ESTIMAI~D VALUE & CONDI~ON $6,000.00 + __ ...... mmm m mm TitE crrY OF KENAI'S BICE~ VISITORS & CULTURAL CENTER GRATEFIR.LY ACKNO~ P,E~~ OF TH~ I/EM(S) LISTED ABOVE AUTHO~ SIGNATURE DATE April 7, 1993 ATTACHMENT B To' City Manager Snow City of Kenai 210 Fadalgo St Kenai, Ak 99611 From: Dan Van Zee Kenai Lan~g In¢ 2101 Bowpicker Lane Kenai, Ak 99611 5/16/2005 Ms. Snow; I am writing to inform you that Kenai Landing Inc. has purchased the Public Display Boat K6, which is now on display at the Kenai Visitors Center. See attached Bill of Sale. It was the opinion of the owner Mr. Jefferson that the Kenai Landing location was the most appropriate place for this type of public display. The Boat will provide us with and excellent Entry Statement for the property, (See Attached Drawing). Mr. Paul Dale has been hired to move the boat to its new location as soon as possible. We anticipate this to be accomplished prior to Monday May 23. If you have any question please don't hesitate to call me at any time, my cell phone number is 394-1453. Kenai Lan~g Inc. Bill Of Sale I Jeffery Jefferson do hereby sell and transfer aH rights to the Public Display Fishing Vessel called K6 to Kenai Landing. Inc. Sales Price is :il{N} and other valuable comiderations. Kenai Landing Inc.. agrees to mmtain the vessd for public display and to prominently recognize the original efforts to restore it. Jeffer~_ Jean Date' ~,_ff'--/,~ -05'-- Date Agent For Kenai Landing Inc. /- / i ! // //! · ! ; ,. Kenai Visitor and Convention Bureau, Inc. April 7, 1993 Mr. Jeffrey D. Jefferson NORDSTROM, STEELE & JEFFERSON 215 Fidalgo Avenue - Suite #201 Kenai, Alaska 99611 Dear Jeff: On behalf of the Board of Directors of tl~e Kenai Visitors & Convention Bureau, and the City of' Kenai, we wish to thank you and your firm for the donation o $6,000 for sponsorship of the restoration of the fishing vessel K-6. your support and commitment to our endeavors to provide educational exhibits and displays for the Kenai B~entennial Visitors & Cultural Center is sincerely apprecial~ and will be enjoyed not only by our residents but by all those who visit our area, Please find enclosed a "Deed of Gift" form for purposes; of inventory control as well as information for your aco3untants. Would you be so kind to sign this document and return the original to our office at your earliest convenience. Again, Jeff, we are truly grateful for your donation and look forward to working with you in the future on many more pmje~s for the Center and for our {:~mmunity. Sincerely, Mark S. Necessary, President Board of Directors MSN:sc P. O. Box 1991, Kenai, Alaska 99611 · (907) 283-1991 05× 1 ?×~005 10' ~ 1 NO. ~G ~00~ 'krrv K Na -- vmrro s & CgLTUR DEED OF GIFT NA~ O~ Do~og~) Mr. Jeffrey D. Jefferson NORDSTROM, STEELE & JEFFERSON ADDR~$ (Number, Street, City, Sram, and Zip Code) 215 Fidalgo Avenue - Suite #201 Kenai, Alaska 99611 rmv&cc use ACCESSION NUMBI~ 93.9 (907) 283-9187 · mmmmm i m WHHRF. AS, the Ken~-~;isimrs & Cultural Ccnu~r is dedi-cau~d m encourage and ass~ in me exploration, recovm% restoration, and ~alion of all materials and dam mla~ve to the culture and nsun-al history of the Kenai Perdns~ with special emphas/s on Kena/and ~e Cook Inlet areas, and w in~t these man/ali and dam ~hrou/h disphys, exhibits, and ~ucafion~l pro~. .I/We hereby, uuCondifionally.d°nate to me City of Kcnai's Biceuumn'.ml Visitors & Cultural Cenux, for its stricted use,ac i~m(s) lis~ed below. !/We also state that the subject donation is my/our personal pm~~ free and dear, to dispose of in Shy msrmer which I/we may de~ennine. If We also acknowledge actual delivery of the iu~m(s) listed below to r~e City of Kenai's Bicentennial ¥~ & Cultural Center. - ' ' ~ONOR'($) SIONATUR~ (~,~ we ink) - - SIGNATUR~ DATE SIGNATUKE DATE · m i DESCRIP~ONOF OBJECTS ESTIM~D VALUE & COND~ON FISHING VESSEL K-6 Buil: in 1950 by the Grandy Boat Works of Seattle, Washington and brought to Alaska as a cannery vessel by Libby, McNeil and Libby. The vessel is 29'7" in length, 9'7" in breath with a draft of 4'1". The vessel was restored by Thom Tomrdle and Frank (Red) Newton of Kenai. The vessel, as restored, is in excellent condition and will remain on display at the Ke~i Bicencm~nial Visitors & Cultural Canter. $ 6,000.00 + mm m mmm ~ CITY OF KENAI'$ BICE~ VISITORS & CUL~ CENI~ GRATEFULLY ACKNO~S RECEIPT OF TH~ ri]EM(S) LISTED ABOVe. AUTHORIZED SIGNATURE · DATE April 7, 1993 Convention & · Visitors Bureau,, c. May 13, 2004 To Whom It Mav Concern' As requested by the CiW of Kenai, a list of all collections whose value is over $5,000 is listed below for insurance documentation. The remaining 250 smaller collections and other museum related materials are also noted for the total insurance value of the Kenai Convention and Visitors Bureau's museum. Loan It ems Accession # Value Kenai Convention & Visitors Bureau Collection City of Kenai Collection Myers and Koerber Collection Hi-Lo Charters Margaret Menting Collection James Kunkle Ivory Collection 1992.017 $15,000 1992.020 $10,000 1992.021 $25,000 1993.012 $5,500 1994.011 $8,000 1995.014 $100,000 Gif~ Items Blanche Ryan Collection Jacques Jacobsen Jr. Nordstrom, Steele & Jefferson Collection Michael and Cindy Sausedo Collection Kelly Buechler Collection Donald Mellish Collection Phil and Karen Tebb Mary Margaret and Carl Casey Collection Kenai Convention and Visitors Bureau Collection SUB TOTAL 1968.011 $100,000 1978.001 $10,000 1993.009 $10,000 1997.015 $6,555 2001.001 $25,000 2002.001 $18,000 ~ 9 ~00~.006 $5,280 2002.007 $22,500 2002.011 $50,000 $410,835 The remaining 250 smaller collections, whose values are under $5,000, account for the majority of our total permanent collection. These 250 smaller collections include approximately 2,000 artifacts. Their combined value is estimated at approximately $900,000. The remaining museum equipment, including exhibit cases and other display material, storage shelving and archival materials, computer software and equipment, and other miscellaneous supplies are valued at approximately $250,000. '~incerely, , /' __a.na Woodard Verrengia ~gfuseum Services Manager The combined total value for the museum is approximately $1.6 million dollars. fr. www.visitkenai.com I1471 Kenai Spur Highway. Kenai. Alaska 99611 · (907) 283-1991- Fax (907) 283-2230 · E-i~aii. kcvb~'alaska.net Z o 0 0 0 0 ILl " 0 Z (./) Z Z Z <1: <I: W ~ ~ o _o o_ I-- Z LU Z 0 z 0 Z o W o o o z fY' Z 0 u.I City of Kenai Mini-Grant Overview Purt~ose: Together We Can! Provides funding in form of mini-grants-for residems, school programs and organizations to use for projects that will have an immediate, positive, and long-lasting effect for their neighborhoods and the city of Kenai. Mini-grants are intended to provide start up funding for small innovative project within the city of Kenai. Our goal is for families, neighbors and all members of Kenai to work together to build healthier neighborhoods, help kids succeed in school and improve the quality of life for all residents. Who May Apply: Youth, neighborhood groups, organizations, and individuals who have a desire to improve the quality of life in their community. How To Apply: Complete a Together We Can! Mini-grant application. Selection: Grant recipiems will be chosen by the steering committee, appointed by the Mayor. The steering committee will include the Mayor, Kenai Economic Development member, representative from Kenai Central High School and the Chamber of Commerce. Fund.ine: The City of Kenai will provide in their 2005-2006 budget $ 5,000 for distribution. The maximum grant amount the committee may award is $500.00. Grants larger than $500.00 must be approved by the city council. Review: Upon completion of project a report must be filed with the Together We Can! steering committee and the .report will be submitted to the city council explain- ing how the funds were spent and the outcome of the project. KENAL AI. ASK/I City of Kenai Mini-Grant Application ~'] Youth [--] Adult Name of Group/Individual Contact Per, on Mailing Address E-mail Address ,,, Phone 1. Describe the Project: Provide as much detail as possible about what will be done and how the major budget items you will list will be used in the project. Use additional pages if necessary. 2. When do you expect the project to begin and end? Estimated project start date: Estimated project end date' 3. Briefly describe yourself/group. Name ali students/include contact numbers. 4. Amount of funds requested 5. Who will be responsible for mini-grant funds? 6. How will you know if your project is successful? Statement: I understand that the grant funds, if granted, will be used only for the project or purpose described in this application. I understand that 90% of the funds approved will be provided in advance. The balance will be paid at the completion of the project and report filed with the steering committee. I understand the total payment will not exceed the grant amount without prior written approval from the city manager. Signature , Date Remm this form to the City of Kenai, 210 Fidalgo, Kenai, Alaska 99611 Please complete a simple budget for this project: Grants are not to exceed $500.00 Item (Material or service needed To complete your project) Cost (Estimated cost of this item) Store or SuPplier (Where you will purchase this item or service) Total grant request: $ Note: When using suppliers for materials or services preference should be given to those businesses located within the city of Kenai. City of Kenai Mini-Grant Report Form Due within 30 days of completion Name of Group/Individual Contact Name Mailing Address , ,Alaska Phone E-mail ! 1. Describe the completed project. Attach photo and documentation. 2. How did you use the grant funds? 3. How successful was your project? 4. Who assisted with your project? Statement: Following the submittal of the brief written report and all expense receipts are mined into City of Kenai's Together We Can! steering committee the final grant (10%) will be paid. Signature Date Return this form/receipts to' City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 City of Kenai Mini-Grant Procedures YOUTH !' i · Students make application and have signed/approved by government teacher. · Application submitted to City of Kenai for Together We Can! steering committee review. · Upon approval of application, 90% of grant funds will be issued through the finance department. · Letter will be written to students with recommendations or requirements of the steering committee. · Report will be given to City Council of the awarded project. · Upon completion of project or end of semester, students written report must be submitted to the Together We Can! steering committee. This final report is MANDATORY. · Once the project/financial reports are completed a proclamation will be presented at a city council meeting. Note: This same procedure will be used if application is submitted by an adult applicant, with the exception getting approval from the government teacher. The projects most li.kely to receive funding are t. hose that benefit the commumty/neighborhood most. This include~ projects that create the most visible and lasting change. "Vi//aya a u,ith a t 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www. ci.kenai.ak, us KENAI, ALASKA Memorandum Date: From: May 26, 2005 Linda L. Snow, City Manager ~ Klm Howard, Assistant to the City Manager jf~// SOAR International Ministries, Inc. - Lot 3, Block 1, General Aviation Apron (1) Amendment to Lease Changing the Use (2) Request to Sublease to Air Supply Alaska, Inc. SOAR International Ministries, Inc. wishes to sublease to Air Supply Alaska, Inc. A letter fi'om Shane Bowlin with Air Supply Alaska, Inc. is attached providing details of their proposed operation. The lease states the use as "charter operations and operations and maintenance of aircraft used in scheduled commuter service." SOAR has made a request to change the use to "Hangar and office facility, air cargo services, maintenance and operation of aircraft, including fueling." Fueling has historically been a use on this property. Five underground fuel storage tanks were in service until they were removed May- June of 1994. An abovcground storage tank was used until 1999 and has since been removed. Eric Mayer at SOAR stated that 'the area that Air Supply Alaska, Inc. intends to use is asphalt with the exception of a small area that is gravel - where the old tanks were pulled. He said that they could patch that area as recommended by the Airport Manager. For the safety and security of the airport, she has also asked that they provide a plan for public access to the building for her review. SOAR has met with the Fire Marshall regarding the fueling and they have been provided a copy of fuel storage requirements. Also, SOAR will contact the Building Official prior to installing the freight and hangar doors. All parties are in compliance with the Borough and City. The City Attorney has reviewed the documents and has no objections. If Council approves the amendment and sublease, an Amendment to Lease and Consent to Sublease can be prepared for your signature. Cc: SOAR Intemational Ministries, Inc. Attachments From: Shane Bowlin Air Supply Alaska PO Box 874 Kenai, AK. 99611 To: Eric Mayer SOAR International Ministries 135 Granite Pt. Ct. Ken&i, AK. 99611 May 2, 2005 Upon agreement with SOAR International Ministries, and approval from the City of Kenai, it is our intention to headqum'tcr and ol~rate Air Supply Alaska from the hangar and office space located at 125 FBO Street, Lot 3, Block 1, Kenai, Alaska. Air Supply Alaska provides grocery, fuel, and air cargo services to communities in bush Alaska. We will maintain an inventory of grocery items and fuel on sight. · Our activities will include the loading and off-loading of our airplanes. We will also be fueling, maintaining, and washing our airplanes and company vehicles. The fuel that we will have on sight will consist of 1 ea. 1000-gallon trailer - mounted tank containing 100LL Ay-Gas, 1 ea. I500-gallon tanker mack containing Jet A fuel, and 1 ea. 2800-gallon tanker truck containing diesel, heating oil, and automotive fuel. It is our intention to store and handle this fuel in accordance with Fire Marshall recommendations. It is our intention to install freeze and chill units for food storage. We anticipate that an electrical system upgrade will be required to accommodate these units. We will incur the cost of this upgrade. We also anticipate a telephone system upgrade and expect to incur the cost for this as well We understand that it is SOAR's intention to install a new freight door on the rear of the building as soon as possible after signing the lease agreement with ASA, and we also understand that is is SOAR's intention to install a new hangar door on the front of the building by October I, 2005. It is our intention to operate the above mentioned property in a clean, safe, and well maintained manner. Sincerely, Shane C. Bowlin Air Supply Alaska Inc. Page 1 of 1 Klm Howard From: Sent: To: Cc: James Baisden Wednesday, May 18, 2005 10:54 AM Rebecca Cronkhite Cary Graves; Klm Howard Subject: Air Supply Alaska Fueling Requirements DATE: 5-18-2005 TO: Rebecca Cronkhite, Airport Manager Kim Howard, Assistant to the City Manager From: Kenai Fire Department, Bureau of Fire Prevetion RE: SOAR Sublease to Air Supply Alaska (Fuel Storage Requirements) 1. All fueling operations must be lAW NFPA 407 standard for Aircraft fuel servicing 2001 edition. 2. A parking diagram should be provided that shows designated parking of fuel vehicles with distances to buildings. 3. Fueling vehicles must have placards lAW DOT requirements. _ -4. Prior to the start of fueling operations at the Kenai Airport, the fire department will require an onsite inspection. 5. Provide a emergency plan of action for a fuel spill, and procedures for cleanup of the spill. 6. Two 20-B:C portable fire extinguishers will be required for each fueling vehicle. If you have any additional questions or need further assistance, please contact this office at 283-7666 James C. Baisden Kenai Fire Marshal 5/18/2005 AMENDMENT TO I~EASE That certain lease between the City of Kenai and SOAR INTERNATIONAL MINISTRIES, INC. whose address is 135 Granite Point Court, Kenai, Alaska 99611, recorded September 4, 1985 at Book 269, Page 985, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska: Lot 3, Block 1, General Aviation Apron, according to Plat No. 87-93 is hereby amended to reflect that the purpose for which the Lease is issued is for: Hangar and office facility, air cargo services, maintenance and operation of aircraft, including fueling. LESSOR: CITY OF KENAI By: Linda L. Snow City Manager LESSEE: SOAR INTERNATIONAL MINIST~S, INC. By: SalIle Title AMENDMENT TO LEASE - Page 1 of 3 (If Lessee is a Corporation) ATTEST: NalTle ~ritle Approved as to form: Cary R. Graves City Attorney STATE OF ALASKA THIRD JUDIC~ DISTRICT ) )ss ) THIS IS TO CERTIFY that on this ~ day of _, 2005, , , Title, of SOAR INTERNATIONAL MINISTRIES, INC., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of' the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires: AMENDMENT TO LEASE - Pa~e 2 of 3 STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this ~___ day of ,2005, LINDA L. SNOW, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires' Return to: City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 AMENDMENT TO LEASE - Pa~je 3 of 3 SOAR International Ministries Lease Agreement This lease is made between SOAR International ,.Ministries, ,Inc. herefl~ called Landlord, and Air Suoniv Al, aska, herein called Tenant. Tenant hereby offers to lease from Landlord the premises situated at 125 FBO Street Lot 3 BL. 1, described as Small Hanger 60x60 and office approximately 20x20 and Tie- Down space for two aircraft 1. Term and R~nt. Landlord leases the above premises for a term of One year commencing Sunel: 2005 and terminating on hme 1, 2006. The monthly rental of $ s Payable. from June 1, 2005 t0. Novemb~. 1,..2,,0,05,. Rent i~ the.amou~ut .of $'_ mo..nth!y will began....December 1, 2005__to l_une 1,. 2006. Rent is payable in advance on the first day of each month, during the term of this lease. 2. Use. Tenant shall use and occupy the premises for commercial aviation operations. The premises shall be used for no other purpose without consent of the Landlord. The Landlord represents that the premises may lawfully be used for such purpose. 3. Care and Maintenance of Premises. Tenant acknowledges that the premises are in good order and repair, unless otherwise indicated at initial walkthrough. Tenant shall, at his own expense and at all times, maintain the premises in good and safe condition and shall remm such in as good condition as received, normal wear and tear excepted, at the termination of the lease. Tenant shall be responsible for all janitorial duties for the leased -premises, including trash disposal and shall be responsible for any damage caused to the premises by its employees or customers. Smoking is authorized only in authorized designated areas. Landlord shall maintain pavement and building structures including foundations and roofs. Tenant shall also maintain in good condition the approved parking area. Tenant will provide snow removal in front of the leased, hanger, office and tie down spaces. Tenant is responsible for all movement of Tenant owned aircraft. 4. Alteration. Tenant shall not, without first obtaining consent of Landlord, make any alterations, additions, or improvements, in, to or about the premises. Tenant may, with Landlord approval, post the necessary signs and company logos on the premises in connection with the conduct of its business in accordance with City, Borough and Stat~ requirements. 5. Ordinances, Statutes and General Safety. Tenant shall comply with all statut~ ordinances and requirements of all municipal, state and federal at~orities now in force or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Tenant. Tenant shall conduct all operations in a safe manner using all appropriate safety features and protection. Tenant employees and contractors working on the premises shall comply with all environmentaJ laws, regulations, and policies of Federal, State, and Local Gov~ents. Tenant shah take all actions necessm~ to prevent the release or spills of aircraft fluids or fuel on the premises and insure proper use, storage, treatment, or transpo~on of hazardous substances. 6. Security. Tenant shall ensure the physical security of the above premises and notify the Landlord of any discrepancies. 7. Assignment and Subletting. Tenant shall not assign this lease or sublet any portion oft he premises without prior consent of the Landlord, and the City of Kenai which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Landlord, and the City of Kenai may terminate this lease. Page 1 of 3 SOAR International Ministries Lease Agreement 8. Utilities. Tenant shall be responsible for gas and electrical and telephone services, including maintenance and repair of telephone systems. Landlord shall provide for water services. 9. Entry ~nd Inspection. Tenant shall permit Landlord or Landlord's agents to enter upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and will permit Landlord at any time within sixty days prior to the expiration of this lease, to place upon the premises any usual "For Lease" signs, and permit persons desiring to lease the same to inspect the premises thereafter. 10. Indemnification of L~ndlord. Landlord shall not be liable for any damage or injury to Tenant, or any other person, or to any property, occurring on the premises or any part thereof~ and Tenant agrees to hold Landlord harmless from any claims for damages, no matter how caused. 11. Insurance. The Tenant shall maintain all applicable insurance. 12. l)ef~uit of Lessee. Default by Tenant under this Lease shall include, but shall not be limited to, the following; a. Tenant shall fail to pay any installment of rent due, and such failure shall continue for period of fifteen (15) days following written notice from Landlord. b. Tenant shall fail to perform any of its other obligations under this Lease, and such failure shall continue for a period of fiReen (15) days following written notice from Landlord specifying the nature of the default, unless such default cannot be fully cured within said period and Landlord promptly commences such cure and continues with due diligence. ¢. Tenant shall abandon the Premises and cease paying rent. d. Tenant shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. e. Tenant shall file or there shall be filed against Landlord a petition in bankruptcy or reorganization or for an arrangement for the benefit of creditors under any section or chapter of the United States bankruptcy laws or under any similar law or statue of any State and such petition is not withdrawn or denied within one hundred twenty (120) days from the date of filing. 13. Lam~o~ Remedies. In the event of a default by Tenant under this Lease, Landlord may in addition to any other right or remedy which Landlord may have at law or equity continue this Lease in effect by not terminating the Tenant's right to possession of the Premises, in which event the Landlord shall be entitled to enforce all of its fights and remedies under this Lease including the right to recover the rent specified in this Lease as it becomes due notwithstanding any contrary law, rule, statute or regulation. Landlord shall be under the duty to mitigate its losses, including using its best efforts to relet the Premises, or part of it, and Landlord expressly waives any such contrary law, rule, statute or regulation. 14. Sunv~der of Premises. Upon termination of this Lease, Tenant shall vacate the Premises and return it in as good condition as received, the elements, casualty, acts of God, and ordinary wear and tear excepted. Tenant shall have the fight to remove articles of personal property in the Premises and any trade ~es, the removal of which will not cause substantial damage to the Premises, and Tenant shall make any repairs necessitated by such removal. Page 2 of 3 SOAR International Ministries Lease Agreement 15. Attorney Fees. In the event either party commences any action or proceeding under this Lease to enforce any right or remedy hereunder, the prevailing party shall be entitled to recover its reasonable costs and attorney's fees. 16. Notices and Bills. All written notices required or permitted hereunder shall be delivered in person to the other party, sent by facsimile or mailed First Class, postage fully prepaid, to the parties at the addresses set forth hereinafter or to such other address as either party may hereafter designate in writing and deliver as provided in this Paragraph. Landlord: SOAR International Ministries 135 Granite Pt. Ct. Kenai, AK 99611 Fax: 907-283-7761 Air Supply Alaska P.O. Box 847 Kenai AK 99611 17. Entire Agreement The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signext by both parties. Signed this .. day of 2005 By: , , . Landlord By: Tenant Page 3 of 3 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX' 907-283-3014 KENAI. ALASKA MEMORANDUM To' Mayor Porter and City Councilors From: Linda L. Snow, City Manager l~~ Date: May 26, 2005 RJE' ConocoPhiilips' Multi-Purpose Facility Naming Proposal The administration has met and talked with Peter Micciche of ConocoPhillips Alaska on several occasions regarding the concept described in the attached proposal. While we have worked together with Mr. Micciche on details of the concept, such as mumcipal sign code requirements, the facility itself, and the City's agreement with the Hockey Booster Club, we have always been clear that any decision regarding naming fights to the multi-purpose facility is strictly within the purview of the Kenai City Council. In conjunction with the ConocoPhillips proposal, Council may wish to consider the larger question of whether it wants to lease and/or sell naming fights to the multi-purpose facility at all. Secondly, if Council does wish to lease and/or sell the naming rights, then what is the best price and/or length of time for the lease? And, third, if there is Council interest in leasing and/or selling the fights, there may be benefit to publicly seeking proposals. No other official proposals of this type have been received by the administration, and we appreciate the interest and support demonstrated by ConocoPhillips for the community and for the Multi-Purpose Center, in particular. We will be happy to move forward with this matter as directed by the Council. ConocoPhillips May 24, 2005 To' From: Kenai City Council Peter A. Micciche ConocoPhillips Alaska CPAI Kenai Ice Rink Naming Proposal In the interest of celebrating nearly 40 years of ConocoPhillips Alaska's relationship with the City of Kenai, on behalf of ConocoPhillips Alaska I would like to propose the following- I. ConocoPhillips proposes to purchase and install signage item numbers 3, 4, and 5 below, with assistance as may be needed from the Booster Club and the City of Kenai. ConocoPhillips proposes to purchase these naming rights from the City of Kenai at the price of $5,000/per year for three (3) years. 2. ConocoPhillips proposes the signs read ..... "ConocoPhillips Alaska / City of Kenai Multi-Purpose Facility" 3. ConocoPhillips proposes the placement of an inside sign on the spectator facing wall ceiling. 4. ConocoPhillips proposes the placement of a lit building sign facing the front of the building (toward KCHS) . 5. ConocoPhillips proposes placing a larger, lit grounds sign outside the DOTPF right-of-way facing the Spur Highway. Signage constructed or erected as part of the naming of the facility will meet the city's sign code. CPAI will obtain a sign permit (KMC 14.20.220) from Marilyn Kebschull in the City of Kenai's planning department once the locations and sizes of the various signage has been determined. Ms. Kebschull's will be contacted at 283-8235, in the event CPAI has any questions about the sign permit process. CPAI has met with the Booster Club president and spoken to the Booster Club advertisement coordinator and secured space at the facility. The Club has agreed to ConocoPhillips' proposal to purchase a center ice logo and a space on the Zamboni from the booster club as provided for in the club's agreement with the City (at Booster Club prices with 50% of the funds going to the Booster Club and 50% going to the City of Kenai). An additional $5,000.00, outside of the naming agreement has been made available for this purpose. During the agreed upon period of three years, the name of the facility will not be shared with other potential sponsors. Ail printed material, programs, advertising and promotional material will refer to the Facility as the "ConocoPhillips Alaska / City of Kenai Multipurpose Facility". Conocophillips Alaska will be given the first right of refusal for additional sponsorship at the end of the specified period, to either continue at the current rate if there are no additional offers of sponsorship, or by matching offers presented by other entities. I have discussed this arrangement with administration of the City of Kenai in order to present the offer a99ropriately in regard to both ConocoPhillips and City of Kenai policies and procedures. This letter of proposal, as well as samples of facility signs will be presented for use in city council packets as a discussion item to be placed on the next regular council meeting agenda. I look forward to discussing the proposal with the Council. As ~the primary policy makers for the City of Kenai, please feel free to contact me with any questions, suggestions, requested revisions or concerns. Thank you, Peter A. Micciche ConocoPhillips Alaska P.O. Box 66 Kenai, Alaska 99611 907.776.2024 peter, a.micciche@conocophillips, com 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX' 907-283-3014 KENAI. ALASKA MEMORANDUM To: Mayor Porter and City Councilors From: Linda L. Snow, City Manager Date: May 26, 2005 RE: EPA and ADEC Brownfields Assessment Funding Last week, Police Chief Chuck Kopp, as acting city manager, participated in a meeting with Economic Development District (EDD) Program Manager Dee Gaddis and VISTA member Casey Reynolds about the EPA and ADEC Brownfields Assessment programs described in his attached memo dated May 25, 2005. During the meeting noted above, the EDD made an offer to take the lead in writing a Brownfields Assessment grant for the Millenmum Square property, if the site is determined to be eligible for Brownfields funding. The attached document dated November 1, 2004 and entitled "DEC's Brownfields Assessments," describes in more detail both the program and the eligibility requirements. The EDD has requested a city administration liaison to assist in writing the grant, to assure accuracy of information in the application process, and to provide oversight of the process on behalf of the City. I have spoken with Public Works Manager Jack LaShot, who acts as the city's coordinator on most environmental issues and who worked directly with the FAA, ADEC, and a private engineering firm on completion of the environmental studies and work performed to date on the Millennium Square Property. Mr. LaShot reviewed the Brownfields Assessment information and advised that, if eligible, the site information gained could provide the City with cleanup options and cost estimates, with no liability incurred, and would increase the city's environmental due diligence work should the time come when the City Council decides to develop the site or sell the property for development purposes. Mr. LaShot has agreed to work with the EDD in the pre-application process. The administration will bring back the pre- application for Council approval prior to EDD submittal. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www. ci.kenai.ak, us To' Linda Snow, City Manager From: Chuck Kopp, Chief of Police Date: May 25, 2005 Re: Kenai Peninsula Economic Development District request to seek Brownfieid Grant funds for a site assessment of Millennium Square EPA Brownfield assessment grants make it possible for communities and other stakeholders in economic development to work together to assess, safely clean up, and reuse browntields. A brOwnfield site is real property, the redevelopment of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Brownfield grants target areas that are prime for development, but impeded by possible comaminauon, and fund corrective action plans that will allow for redevelopment. This information is invaluable and necessary for a potential commercial investor prior to purchase. The City of Kenai administration is aware of the probable burial of Civil Aviation Authority and FAA refuse on the Millennium Square property. In 2000 and 200 l, a ground sonar and ground water contaminant study was conducted of the Daubenspeck portion of the Millennium Square property. The results showed locations of some buried material; signific~tly, no ground water contamination existed. The City of Kenai has r~eived a clean bill of health from the EPA and DEC on the Millennium Square parcel of prop~y recently transf~~ from FAA ownership to the City of Kenai. On May 16a', Dee Gaddis, KPEDD Program Manager, contacted City administration and inquired if the City was aware of any environmental concerns on Millennium Square property that needed to be addressed before developmem of the site could begin, and if so, would the City be interested in pursuing funds for brownfield cleanup and development. Gaddis said she would be meeting the next week with the Brownfield Grant Coalition in Anchorage and would like to presem any needs the City may have for Brownfield assessment funds. On May 19th, City administration (Attorney Graves, City Planner KebschuH and myself) met with KPEDD representatives Casey Reynolds and Dee Gaddis. KPEDD inquired if the City had identified any high value sites that were imped~l fi'om development due to possible contamination. The City identified Millennium Square as having some unknown comamination issues, and stated our concern over cleanup liability should comaminants be found. KPEDD stated the Brownfield assessment grants are not used for any DEC or EPA enforcement actions, only for assistance in idcmifying what contaminants are present, developing a corrective action plan, and providing funds for cleanup. On May 26t~ I again spoke with Dee Gaddis concerning her May 25m meeting in Anchorage with John Carnahan, DEC represemative to the Brownfield grant pro.gram. On behalf of the KPEDD, Gaddis presemed to Carnahan two potemial Brownfield projects in Kenai: Kenai Landing and Millenmum Square. Carnahan told Gaddis he would provide KPEDD with a determination as to the eligibility of the Kenai projects for Brownfield funds by June 3ra. Gaddis verified with Camahan that Brownfield grants incur no enforcement potential, even if the grant funded study determined the existence of hazardous waste, and the City decided not to pursue a corrective action plan for monetary or other reasons. KPEDD has asked to take the lead in writing a Brownfield assessmem grant for the Millennium Square property, should it be determined that Millennium Square is an ideal candidate for the grant. KPEDD requests a City administration liaison in the writing of the grant, to ensure accuracy in the application process and to provide oversight on behalf of the City. ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF SPILL PREVENTION AND RESPONSE CONTAMINATED SITES PROGRAM November 1, 2004 DEC's BROWNFIELDS ASSESSMENTS Introduction Using funds from U.S. Environmental Protection Agency (EPA), Alaska Department of Environmental Conservation (DEC) will conduct a minimal number of DEC Brownfield Assessments at eligible properties in Alaska. Designed to provide additional data at sites where a lack of environmental information has thwarted redevelopment oppormmties, the DEC assessments are designed to: Determine the nature and extent of contamination and its possible impact on the potential use of the property; · Allow for a better understanding of what remedies are possible for a site; · Enable a potential developer to better understand how the costs associated with the remedy for this site would factor into a development strategy for the site; and · Enable a better estimation of the cleanup costs (if any). This program is currently being pilot tested using limited funds through a Brownfield State Cooperative Agreement with EPA. Continued fimding is not guaranteed and funding may not be available after June 30, 2005. This document provides information on DEC's Brownfield Unit, assessment eligibility, and application process. What is a DEC Brownfields Assessment? A DEC Brownfi¢ld Assessment (DBA) is a study conducted by DEC or their contractors to determine the nature and extent of contamination at a site that meets some minimum criteria. DBAs help minimize thc uncertainties of contamination often associated with brownfields. A DBA may encompass one or more of the following activities: · A screening of"all appropriate inquiry" (Phase I) assessment, including a background and historical investigation and a preliminary site inspection; · A full (Phase II) enviromental assessment, including sampling activities to identify the types and concentrations of contaminants and the areas of contamination to be cleaned; and Establishment of cleanup options and cost estimates based on future uses and redevelopment plans. DBA funding may only be used at properties eligible for EPA Brownfield funding. The general definition of a brownfield property is: DEC's Brownfields Assessments November 1, 2004 "real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." Cleanup of petroleum-only contaminated sites must be of relatively low risk, as compared with other petroleum-only sites in the State, and a site for which there is no viable responsible party and which will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site. The DEC can assist you in making this determination. Under the Brownfields Law, three types of sites are not eligible for Brownfields funding. They include the following' 1. A facility that is listed on the National Priorities List (NPL) or is proposed for listing; 2. A facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under CERCLA; and 3. A facility that is subject to the jurisdiction, custody or control of a department, agency, or instrumentality of the United States, except for land help in trust by the United States for an Indian tribe. Further, the DEC will not provide resources to conduct cleanup or building demolition activities through DBAs. Additional financial assistance for cleanup activities may be available under EPA's Cleanup Grant application process, or through other potential federal sources of funding. DEC Brownfields Assessment Assistance · The DEC has discretion in selecting areas to target for environmental assessment assistance and prefer to target properties that are: · abandoned or publicly owned sites; · suffer from the stigma of liability, or have a prospective purchaser willing to buy and pay for the cleanup of the property, if needed; and · sites for which there is a documented proposed plan for development and sustainable reuse. The selection process is guided by criteria used to help establish relative priorities among the properties in Alaska. The criteria include the following: 1. Property redevelopment would serve a high public benefit. e Property control and ownership transfer is not an impediment- preference will be given to sites which are publicly owned, either directly by a municipality or through a quasi- public entity such as a community development corporation. o There is a strong municipal commitment - either financially, or through commitment of municipal resources for other components of the project. DEC's Brownfields Assessments November 1, 2004 4. There is a clear municipal/community vision and support for property revitalization. Se . 7~ There are adequate leveraged funds available for the cleanup and redevelopment, and/or the property has strong development potential (perhaps demonstrated by past or present developer interest). The results of the Department of Environmental Conservation assessment assistance is crucial to the property's redevelopment; lack of an assessment has proven to be an obstacle at the property. Existing information supports redevelopment - the property will likely have contamination levels that can effectively be managed, and redevelopment will provide tangible benefits for the community. Who is Eligible to Apply? DEC Brownfield Assessments are available to public, quasi-public or non-profit entities (such as municipalities, tribal governments and community development organizations) interested in redeveloping abandoned or underutilized properties. To qualify for an assessment, there must be a known or a potential release of hazardous substances at a site. The Department of Environmental Conservation will generally only approve expenditures for DBAs when the property is publicly held. If a public or non-profit entity is aware of a Brownfield site that is privately held but has potential for redevelopment that will offer significant public benefit, DEC may consider spending DBA funds at the site, but only wltla EPA approval. DBA funding may only be used at properties eligible for EPA Brownfields funding. The property must be "a real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." See EPA's Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants, EPA 500-F-04-253 September 2004, for eligibility definitions and exclusions for Brownfield funding. (EPA document may be obtained at' http://www, epa. gov/swero sp s/b f/index .html) DEC's Brownfields Assessments November 1, 2004 How to Apply If you are interested in applying for assistance from DEC in the form of a DEC Brownfields Assessment, complete the attached questionnaire and remm it to DEC at the following address: DEC Brownfield Assessments c/o John Camahan Department of Environmental Conservation 610 University Ave Fairbanks, Alaska 99709 Application Assistance If you have any questions regarding this program or the application process, please contact John Camahan at (907) 451-2166 or at John_Carnahan~dec.state.ak.us. DEC's Brownfields Assessments November 1, 2004 Appendix A DEC BROWNFIELDS ASSESSMENT QUESTIONNAIRE 2004-2005 Please complete answers to the following questions and forward to the contact at the end of the questionnaire. o Oreanization- Provide the name and address of the orgamzation applying for DBA assistance; and the name of the contact person along with their telephone and fax numbers. . Site: Provide the name, address and approximate acreage of the site. Please attach a site map that indicates the site's location in the community, adjacent land use and areas of known or suspected contamination. . Current Site Ownership: Provide name, address, and telephone number (if known) of the current site owner(s). If the property is owned by the applicant, please indicate how it was acquired (i.e. foreclosure or other means)? If the property is not owned by the applicant, indicate how the applicant envisions obtaining legal permission to enter the property to conduct site assessment activities. 4. Site History,: Provide a brief summary of the site's history, including past uses, ownership and potential or known contamination issues. , Rel~ulatory. History.: Briefly describe the involvement of the EPA and/or DEC in enforcement and/or oversight of assessment and cleanup activities at the site. Please indicate if the applicant or any other party is under order from EPA or DEC to conduct site assessment and/or cleanup at the site. If yes, please describe. o Redeveiooment Potential' Provide a brief discussion of the redevelopment potential of the property and importance of the property to the community. Please answer the question: How will the public benefit from this assessment? o Municinal or Communi ,ty, Commitment: Is there a strong municipal or community commitment, either financially or through commitment of municipal resources, for other components of the project? me Prior Site Assessment Activities: Please describe any prior site assessment activities at the site and briefly describe the conclusions. Attach any conclusion section of reports to this questionnaire. If reports are unavailable, identify the consultant, client and approximate date of the study. If no prior site assessments have been conducted, or if it is not known, please indicate. DEC's Brownfields Assessments November 1, 2004 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX' 907-283-3014 ?he a'~ ale KENAI. ALASKA MEMORANDUM To: From: Date: RE: Mayor Porter and City Councilors Linda L. Snow, City Manager ~';~ May 26, 2005 Vintage Point Rental Rates KMC 7.15.100 states, "Unless otherwise provided in the Kenai Code of Ordinances, any rates, charges, or fees charged by the City of Kenai shall be set by the City Manager, subject to change by the Council. The rates, charges or fees set by the City Manager are effective upon enactment by the City Manager; however, the City Manager shall notify the Council in writing at the next regularly scheduled Council meeting of the adoption or change of any such fees, rates, or _ charges." Pursuant to FY06 budget discussions, attached are changes to the Vintage Point rental rates recommended to me by the Finance Director and the Senior Center Director. These changes are not slated to become effective until October 1 st in order to provide the residents with sufficient advance notice to enable their planning and preparation process. Vintage Point rental rates were increased on January 1, 2003 for the first time since 1995, when they were increased by nine dollars. The 2003 rate increase brought the different sized units to the same rate for each size, so the amount of the increase varied between sizes. The 2005 increase will be an equal amount of increase across the board for all apartment sizes. The current fiscal year's rental revenue from Vintage Point rents is projected at $257,500. We are projecting increased revenue of $18,000 in FY06 as a result of this rate increase. KENAI SENIOR CENTER Helping People Age with Dignity CITY OF KENA! MEMORANDUM TO' FROM: Linda Snow, City Manager Rachael Craig, Senior Center Director DATE: May 24, 2005 REFERENCE. Vintage Pointe Rental Rates Linda, I would like to recommend we raise the rental rates by $50.00 for each unit of Vintage Pointe Senior Housing. This was discussed at the April Council on Aging meeting. The seniors living in Vintage Pointe stated, "We have a good thing going." Others at the meeting were hesitant to raise the rates for seniors. After much discussion, again, the seniors at Vintage Pointe stated they could understand why rates needed to be increased. Our apartment rental rates are dependent upon the size of the apartment and the location of the apartment within the building. The apartment sizes vary fi'om 586 sq.ft, to 789 sq. ft. To increase the rental rates by $50/month would increase the revenue by $2,000 per month x 12 = $24,000/yr. · When Vintage Pointe was built, it was decided the apartments would be for middle-income seniors and apartments would not be subsidized according to income. Currently we have 115 on our waiting list. · Our current rental rates have not kept up with the average borough market rental rate. Our rental fees are below average. · HUD, AHFC, and Pet. Of Labor research reflects higher rates. · CPI has risen 5%. (Please see attached sheet.) 361 SENIOR COURT · keNai, ALaSka 99611 TELEPHONE: (907) 283-4156 · Fax: (907) 283-3200 · E-Mall: senior@ci.kenai.ak.us VINTAGE PO INTE APARTMENTS CURRENT RENT~ RATES WITH COMPARISONS tt'" APartment Current Increase Research Hud Housing Bedroom Number Rental of $50 Dept. Labor Housing Voucher Vintage per . Pointe month 1 BCdrm #308 $514 $574 $618 $562 $618 1 Bedrm #215 $526 $576 $618 $562 $618 1 Bedrm #212 $538 $588 $618 $562 $618 , 1 Bed-rm # 103 $562 $612 $618 ' $562 $618 1 Bed_nil "#312 15514 '$$64 $6i8 ,. $562 $618 1 Bedrm #303 $550 $600 $618 $562 $618, 1 Bedrm #2~)3 $562 $612 $618 $562 $618 1 Bedrm tt 104 $538 $588 $618 $562 $618 .... · 1 Bedrm #302 $514 $564 $618 $562 $618 2 Bedrrn # 106 Manager's Apartment , 1 Bedrm #301 $550 $600 ' $6"18 $562 $618 1 Bcdrm # 101 $550 $600 $618 $562 $618 2 Bedrm #307 '$'622 $6 72 $640 $684 $718 , 2 Bedrm #306 $586 $636 $618 $684 $718 , 1 Bedrm tt 107 $610 $660 $618 $562 $618 1 Bedrm #206 $538 $588 $618 $562 $618 1 Bedrm #204 $526 $576 $618 $562 $618 1 Bedrm #111 '$574 $624 $618 $562 $618 1 Bedrm #201 $550 $600 $5'62 $562 $618 1 Bedrm # 108 $526 $576 ' $618 $562 $618 1 Bedrm #309 $550 $600 $618 $562 $618 1 Bedrm #113 ~$562 $612 $6'18 $562 $618 ~-I Bedrm #210 $526 $576 $618 $562 $618 1 Bedrm tt 105 '$574 $624 $~ 18 $562 $618 1 Bcdrm #205 $574 $624 ' $618 $562 $618 2 Bcdrm ' #207 $610 $660 $640 $684 $718 -1 Bedrm #310 $514 $564 $618 $562 $618 _ ~ 1 Bcdrm #211 $574 $624 $618 $562 $618 1 Bcdrm '#213 $562 ~$612 $618 $562 $618 2 Bcdrm #305 $610 $660 $640 $684 $718 2 Bcdrm #i 09 $634 $684 $640 $684 $718 -1 Bedrm #30'4 $514 $564' $618 $562 $618 -lBedrm #112 $526 ' $576. $618' $562 , $618 2 Bcdrm #208 $598 $648 $640 $~i84 $718 - 1 Bcdrm '/4110 $538 $588 ' $618 $562 $618 -1 Bedrm #1 i'5 $550 $600 $618 $562 $618 1 Bcdrm #102 $526 $576 $618 $562 $618 , 1 Bedrm. #31'1 . '$550 $600 $618 $562 $618 1 Be~drm #209 $634 $684 $618 $562 $618 , KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~,.,.,,, 1992 MEMORANDUM TO' Linda L. Snow, City Manager FROM' Keith Kornelis, Public Works Manager DATE' May 27, 2005 SUBJECT: SB 46 I spoke with Mary Jackson of Senator Tom Wagoner's office today about SB 46, which is the State's Capital Budget. The two grants are' _ 1. City of Kenai- Kenai Public Improvements - $290,000 This grant was our share of a larger pot of money. The title was as broad as it could be to give the City the most flexibility. It can be used for any improvements the City wants. 2. City of Kenai- Kenai Road and Sewer Improvements - $790,000 This is also a discretionary grant and is our sham of a large pot of money. The title to this grant had to be a little different than the other grant. It can be used for any road and/or sewer project. The Capital Budget, SB 46, still has to be approved by the Governor, and he has line item veto. KK/jet cc: Larry Semmens, Finance Director !Numbers & Language I Project Detail by House DIstrict- FY2006 Capital Budget Department of Commerce, Community and Economic Development Grants to Named _Recipients (AS 37.05.3.!6) AP Homer Electric Association, Inc. - Beetle Killed Tree Removal 1004 Gert Fund AP Language Section: Funny River Community Council - Street Light 1044 ADRF AP Language Section: Homer Electdc Association - Right-of-Way Clearing 1044 ADRF AP Language Section: Nikisld Senior Center- Generator and Storage Building 1044 ADRF AP Language Section: Sterling Community Club - Multipurpose Facility, Phase 3 1044 ADRF Gr.a.nts to Municipal~es (AS 37.05.315) AP City of Homer- Homer Public Library Construction 1004 Gert Fund 25,000 IS,~ 15,000 250,000 250,000 43,089 43,000 52,008 52,000 1,000,000 75,~~ 75,000 AP City of Kachemak- Refurbish Fire Truck 1004 Gert Fund ; ;--- ' --- ..... __;, 1004 Gen Fund 290,000 ~ ~o Legislative Finance Division --~ct 33-35 Kenal AreawMe~ ~e..2z17 ~ INumbers & Language Project Detail by House District - FY2006 Capital Budget Proiect P city of Kenai- Kenai i~oad and Sewer Improvements .... 1004 Gen Fund AP City of Seldovia - Calcium Chlodde for Jakalof Road 1004 Gen Fund AP City of Seldovia - Smolt Stocking 1004 Gen Fund AP City of Seward - T-dock and Bulkhead - 1004 Gen Fund AP City of Soldotna - Kobuk/Sterling Highway Lights 1004 Gen Fund AP City of Soldotna - Soldotna Public Improvements 1004 Gen Fund AP City of Soldotna - Soldotna Road and Sewer Improvements 1004 Gen Fund  '~~Genai~---Pen~nsula Bo~u-gh- Arctic W~nt~ '" ames Hosting _ 1004 Gen Fund _ ~ AP Kenai PeninsulaBor0ugh'~q~prnent ~ Grants to Schools (,, 1004 Gen Fund Page: 81 __ 7_90._000_ _.,~ 7,500 7,500 25,000 25,000 2,000,000 2,000,000 200,000 200,000 210,000 210,000 665,000 290,000 legislative Finance D/vision 665,000 650,000 290,000 District 33-35 Kenai Areawide 5/24/2(X)5 6:22:17 PM INumbers & Language Project Detail by House District - FY2006 Capital Budget District 33-35 Kenai Areawide Project AP Kenai Peninsula Borough - Homer Middle School Roofing Upgrades 1004 Gen Fund AP Kenai Peninsula Borough - Kenai Central High School Asphalt Replacement 1004 Gen Fund AP Kenai Peninsula Borough - Nikiski High School Track 1004 Gen Fund AP KenaJ Peninsula Borough - Ninilchik School K- 12 Handicapped Access 1004 Gen Fund AP Kenai Peninsula Borough - Ninilchik School K- 12 Window Replacement (old wing) 1004 Gen Fund AP Kenai Peninsula Borough - Ninilchik School K-12 Bus Turn Around and Staff Parking 1004 Gen Fund AP Kenai Peninsula Borough - Ninilchik School K-12 Re-roof Sections D and E 1004 Gen Fund AP Kenai Peninsula Borough - North Spur Highway Extension 1004 Gen Fund Approp 200,000 200,000 450,000 450,000 305,000 305,000 65,000 65,000 120,000 120,000 100,000 100,000 150,000 150,000 300,000 300,000 Page: 82 Legislative Financ~ D/vision 5'24~ S:22:.17 ~ INumbers & Language Project Detail by House District - FY2006 Capital Budget AP AP AP AP AP AP AP Project Kenai Peninsula Borough - Roof Upgrades: Kenai Central High School and Homer Middle School 1004 Gen Fund Kenai Peninsula Borough - Seward Elementary Gym Floor and Carpet Replacement 1004 Gen Fund Kenai Peninsula Borough - Soldotna Elementary School Roof Replacement, sectiOn 400 1004 Gen Fund Kenai Peninsula Borough - Soldotna High School Sports Field Construction 1004 Gen Fund Kenai Peninsula Borough/Bear Creek Fire Service Area- Mobile Hydration Unit 1004 Gen Fund Kenai Peninsula Borough/Cooper Landing Senior Citizen's Corp., inc. - Road Access and Utilities to Senior Housing Site 1004 Gen Fund Kenai Peninsula Borough/Kachemak Emergency Service Area - Water Tender 1004 Gen Fund Approp 298,651 298,651 170,000 170.000 100,000 00.000 50,000 50,000 71,500 71,500 71,000 71,000 75,000 75,000 District 33-35 Kenai Areawide Page: 83 legislative Finance D/vision s/24/2m~ 6:22:17 PM INumbers & Language Project Detail by House District - FY2006 Capital Budget District 33-35 Kenai Areawide ProjeCt AP Language Section: Kenai Peninsula Borough - Cook Inlet Regional Citizens Advisory Group, Cook Inlet Development Safety Project 1044 ADRF AP Language Section: Kenai Peninsula Borough - Kenai Peninsula Borough School District, Grants to Schools 1044 ADRF AP Language Section: Kenai Peninsula Borough - Kenai Peninsula Borough School District, Nikiski High School ^uditodum Upgrades 1044 ADRF AP Language Section: Kenai Peninsula Borough -Kenai Peninsula Borough School District, Ninischik School K-12 Carpet Replacement 1044 ADRF AP Language Section: Kenai Peninsula Borough - Kenai Peninsula Borough School District, Sterling Elementary School Carpet Replacement 1044 ADRF AP Language Section: Kenai Peninsula Borough - KPB School District, Nikiski Elementary School Crosswalk and Bike Approp 280,000 280,000 170,000 170,000 25,000 25,000 50,000 50,000 45,000 45,000 210,000 legislative Finance Division 5/24/2(x)5 6:22:17 PM INumbers & Language Project Detail by House District - FY2006 Capital Budget Proiect Path 1044 ADRF AP Language Section: Kenai Peninsula Borough - Ninilchik Pressure Reducing System 1044 ADRF AP Language Section: Kenai Peninsula Borough- North Peninsula Recreation Service Area Youth Facility 1044 ADRF Department Of Education and Eady Development Major Maintenance Grant Fund (AS 14.11.007) AL Kenai Peninsula- HVAC Controls- Five Schools 1004 Gen Fund Department of Environmental Conservation Villa_(]e Safe Water Feasibility Studies AL Nikolaevsk Sanitation Facilities Master Plan Update 1002 Fed RcDts 1003 G/F Match Villa.qe Safe Water Projects AL Nanwalek Sewer Disposal System Improvements 1002 Fed RcDts 1003 G/F Match Approp 210,000 225,000 225,000 ! 75,000 175.000 262,500 262,500 25,000 18,700 6,300 1,472,700 l, 104,500 368,200 District 33-35 Kenai Areawide Page: 85 Legislative Finence D/vision 5/24/2005 6:22:17 PM INum0ers & Languag~ I Project Detail by House District - FY2006 Capital Budget District 33-35 Kenai Areawide Proj~Cl; AL Ninilchik Design Old Village Townsite Piped Water and Sewer 1002 Fed Rcots 1003 G/F Match 1186 ASLC Bonds ALSeldovia Design Water and Sewer Improvements 1002 Fed RcDts 1003 G/F Match ALVoznesenka Design Water and Sewer Improvements Phase 1 1002 Fed RcDts 1003 G/F Match Municipal Water, Sewer and Solid Waste Matchinq Grant Projects ALHomer Water Improvements Design Phase 2 1002 Fed Rcots 1186 ASLC Bonds Department of Labor and Workforce Development Non-Pro~ram Appropriations APAlaska Vocational Technical Center Deferred Maintenance 1004 Gen Fund 1178 temp code Approp 436,6O0 327.400 109,200 385,800 289,300 96,500 100,000 75,000 25.000 336,000 252,000 84,000 1,250,000 1,250,000 Legislative Finance D/vision iNumbers & Language 1 Project Detail by House District. FY2006 Capital Budget Pro_ie~ Department of Natural Resources Non-Proqmm Appropriations AP Rehabilitation of Anchor Point Campgrounds for Pdvate Operations 1004 Gen Fund 1178 temo code Department of Transportation/Public Facilities Non-Pro.qram Appropriations Approp 150,000 150,000 AP Kenai- Jones Stub Road Rehabilitation 1,000,000 1004 Gen Fund 1,000,000 ~ ~-- AP K~nai - S pur-R~ad-Rehabilitati°n - -'---'"5 ,~0O, ~'~-~ Con_qestion, Mitiflation and _ AL Kenai Peninsula - Kalifomsky Beach Road Rehabilitation -- 1004 Gen Fund -Airport Improvement P~--ro.qram - Homer. Airport Rescue and Firefighting/Snow Removal Equipment/Flight Service Station Building Replacement 1002 Fed RcDts 11,000,000 11,000,000 4,175,000 4,175,000 450,000 450,000 AL AL Nanwalek: Airport Master Plan 1002 Fed Rcpts District 33-35 Kenai Amawide Page: 87 Legislative Finance Division s/24/200s 6:22:17 PM Numbers & Language Project Detail by House District - FY2006 Capital Budget District 33-35 Kenai Areawide Proiect AL Seldovia: Snow Removal Equipment Building Construction 1002 Fed RcDts Surface Transportation Pm.qram AL Sterling Highway: Milepost 135- Ninilchik Intersection Improvements and Illumination 1002 Fed RcDts AL Sterling Highway: Milepost 60 to 79 - Skilak Lake Road to Sterling Rehabilitation and Passing Lanes _- 1002 Fed RcDts ~ Con,qressionai Earmarks -- _ ,, AL Kenai Central Area Rural Transit System (CARTS) -- _ ,, _ ~J_00?._Fed Rcpts~ AL Kenai Peninsula: Borough Roads 1002 Fed RcDts AL Nikiski: Emergency Escape Route 1002 Fed RcDts AL Seward Highway: Recreational Improvements 1002 Fed RcDts AL Soldotna: Keystone Drive 1002 Fed Rcpts Approp 700,000 700.000 800,000 800,000 15,000,000 15,000,000 i~, 400, 5,000,000 5,000,000 500,000 500,000 2,000,000 500,000 500,000 Legislative Finance Division 5/24/2005 6:22:17 PM INuml3ers & Language Project Detail by House District - FY2006 Capital Budget Proiect University of Alaska Non-Pro~ram Appropriations AP Kachemak Bay Campus Additions - Planning, Design and Construction 1004 Gen Fund AP Kenai Peninsula College Classroom Additions 1004 Gen Fund *** Total Election District Expenditures *** Total Ele~on District Funding General Funds Federal Receipts Other Approp 750,000 750.000 3,000,000 3,000,000 66,087,251 31,871,351 32,591,900 1,624,000 District 33-35 Kenai Areawide Page: 89 Legislative Finance D/vision 5/24/2(x~ 6:22:17 PM INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUNE 1, 2005 o 2. 3. 4. 5. 6. Kenai Police Department, 2004 Annual Report. May 26, 2005 -- Revised Dock Rate Schedule Public Works Project Status Report May 19, 2005 --AMVETS Invitation to Memorial Day Ceremony May 25, 2005 -- PSA: Soldotna Chamber luncheon Tuesday, May 31. 2005 Gaming Permit Application -- Kenaitze Indian Tribe. Ke ANNUAL REPORT Our mission, together with the community of Kenai, is to make our city a place where all people live safely and without fear. TABLE OF CONTENTS Dedication KPD Employee Photos KPD Employee Biography KPD Annual Report SummarY Community Programs Emergency Support Group Partnerships Requests for Police Services Motor Vehicle Crash Summary Traffic Safety Enforcement Arrests - Offense and Adult/Juvenile All Other Calls For Service Table of Criminal Offenses and Arrests Communications Department Employee Photo & Annual Report Communications Department Employee Biography Animal ContrOl Department Employee Photo & Biography Animal Control Department Annual Report Dedicated to the memory of Officer John P. Watson JOHN PATRICK WATSON (K-11) SENIOR PATROL OFFICER KENAi POLICE DEPARTMENT SERVED JULY 22, 1985 - DECEMBER 25, 2003 KILLED iN THE LINE OF DUTY CHRISTMAS DAY 2003. HE SERVED WITH HONOR, INTEORITY AND VALOR. HE WILL NOT BE FOROOTTEN. We choose to serve in this profession. P~e understandthat there are risks and~ve accept them. ~espite the elitism, intense training, andoccasionalheroic deed, we are ordinary humans tasked~4tlt e~raordinaty responsibilities. Andsometimes the odds are too large to ogercome and~ve fall. $ut we press on, retlard~ss... KENAI POLICE 2004 ROSTER Chief C. Kopp Lt. K. Wannamaker S~. S. McBride Sgt. G. Sandahl Sgt. R. Kornfield Inv. M. Langseth Inv. T. Miller Inv. K. George Ofcr. D. Ross 0fcr. M. Louthan 0fcr. P. Gordon Ofcr. B. Langham 0for. J. Sjogren Ofcr. A. Turnage Ofcr. C Hershberger Inv. J. Whannell Ofcr. J. Johnson R. Robertson Admin Assistant Kenai Police Department Employee Biography Chuck Kopp Chief of Police 16 yrs of service Bachelor of Arts - Justice FBI National Academy - 1996 Raedynne Robertson Police Administrative Assistant 7 yrs of service Kim Wannamaker Lieutenant 16 yrs of service Bachelor of Arts - Psychology FBI National Academy- 2001 Scott McBride Patrol Sergeant 12 yrs of service Bachelor of Science - Biology US Army- 4 yrs FBI National Academy- 2004 Gus Sandahl Investigations Sergeant 10 yrs of service Bachelor of Science- Criminal Justice Administration Randy Kornfield Patrol Sergeant 18 yrs of service Bachelor of Arts- Criminal Justice Administration Mitchell Langseth Uniformed investigations 14 yrs of service Bachelor of Arts- Criminal Justice Trevor Miller Uniformed Investigations 7 yrs of service Associates Degree- Justice USMC ReserVe- 9 yrs Kelly George Youth Services /Uniformed Investigations 7 yrs of service Bachelor of Arts - Law Enforcement David Ross Patrol Officer 4 yrs of service Associates Degree Michael Louthan Patrol Officer 4 yrs of service Bachelor of Science- Marine Biology Patricia Gordon Patrol Officer 4 yrs of service MBA- Business Administration; Bachelor of Arts - History, Biology Benjamin Langham Patrol Officer 3 yrs of service Bachelor of Arts- Sociology Jay Sjogren : Patrol Officer 3 yrs of service Bachelor of Science - Education Aaron Turnage Patrol Officer 3 yrs of service Associates Degree- Administration of Justice Casey Hershberger Patrol Officer 2 yrs of service Bachelor of Science - Business Administration Jeffrey Whannell Uniformed Investigations 11 yrs of service Bachelor of Arts- Criminal Justice James Johnson Patrol Officer 1 year of service Associate of Science- Criminal Justice US Army- 7 yrs KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 TO: FROM: Linda Snow, City Manager Chuck Kopp, Chief of Police DATE- March 31, 2005 SUBJECT: 2004 Annual Report The Kenai Police Departmem began 2004 in the shadow of tragedy, the violent death of Officer John Watson. As with the 2003 annual report, this annual report is dedicated to John's memory. The impact of this significant loss has revealed tree courage, determination, loyalty & dedication, and growth in the men & women of our police and communications departments. The Police Department is responsible for the operational and supervisory oversight of the Communications and Animal Control Departments. This annual report is a composite summary of department activities across a broad spectrum of the police function; requests for police services, criminal investigations and arrests, motor vehicle crash data, community programs, emergency response partnerships, and department employee biographical information. The Communications and Animal Control annual reports are attached. New Hire Officer James Johnson was sworn in December 15, 2004 in the Council chambers with City administration, police department staff, family members, and Lt. Gov. Leman in attendance. Officer Johnson brought 10 yrs of law enforcement experience with him, having worked 2 years as a Village Safety Officer in the Bristol Bay area, 3 years with the St. Paul Island Dept. of Public Safety, and 5 years as an Alaska State Trooper stationed at the Soldotna post. His presence has contributed to the continued high morale of the department with his constant good- natured demeanor and positive, helpful attitude. Retirements/Separation None. Promotions None. KENAI POLICE DEPARTMENT Patrol In 2004 Officers spent 23% of their total work time on patrol. This 23% is a significant decrease from the 40% patrol time spent by the same number of officers in 1991. This diminished presence within the community reflects the increase in demands on police service and resources. An active patrol presence increases compliance with traffic laws, reduces injury vehicle crashes, identifies drivers with revoked/suspended licenses or criminal warrants, and drivers under the influence of alcohol and/or drugs. It further serves as a deterrent to persons who desire to commit criminal acts, but choose to refrain from doing so because of the perceived strength of police presence in the community. Motor Vehicle Crashes In 2004 the Kenai Police investigated 169 vehicle crashes out of a total of 362 reported; there were a total of 349 crashes reported in 2003, of which police investigated 183. This decrease in crashes may be attributable to increased traffic enforcement shifts specifically dedicated to highway safety, with help in overtime funding from the Alaska Highway Safety Office. Patrol resources are directed at identified high-risk times, high-risk intersections and stretches of road, school zones, and the business district. The department completes an exhaustive Motor Vehicle Crash Report each year, which helps target resources where they are most needed. Investigations In 1991 the department had 16 officers who spent 23% of their total work time on criminal investigations. In 2004, the department' s 16 officers spent 45% of their total work time on investigations. Although this is a 4% decrease from 2003, it still reflects increased numbers of crimes requiring greater police attention/investigation. This increase in investigation time directly affects the amount of patrol time, and vice-versa; when there is a lack of proactive police presence, criminal activity increases, necessitating a reactive police response. Investigations of crimes requiring large amounts of time and resources are nearly always those reported after the crime has been committed. Crimes discovered and interrupted by proactive patrol are ot~en potential "big cases" that never materialize because of early detection and immediate police action. Investigations of significance in 2004 that received significant amounts of police manpower and resources included four sexual assault cases, several crOss-referenced sexual predator/computer crimes by one person, one kidnap/sexual assault, a home-invasion armed robbery, a two-month crime spree of burglary & vandalism & thefts, and a high-profile case involving the death of a Kenai Assistant District Attorney. Training The Kenai Police Department seeks to maximize training dollar efficiency while maintaining a standard that will serve our officers well in critical situations as well as day-to-day operations. Required training must be in-depth reality-based training that truly prepares an officer to respond effectively to extraordinary incidents, not roll-call type training where a topic is briefly outlined and discussed. Ongoing training is critical in maintaining a professional police department. KENAI POLICE DEPARTMENT Civil and criminal laws are constantly changing, necessitating continuous legal review/update, which is carried out in-house. In August 2004 Kenai Police and Fire Departments participated in a 3-day Weapons of Mass Destruction response drill with the U.S. Army 103rd Civil Support Team. This invaluable training prepares our police and firefighters to work together with the U.S. Army biohazard/chemical weapons specialists for an effective response to such an incident. In May of 2005 the department will be hosting the annual statewide Alaska Peace Officers Association training conference, which will offer premier training for those in attendance. Administrative Projects Chief Kopp and Chief Walden continue to work through the Department of Homeland Security program to upgrade the safety infrastructure of our city. The first phase of the Kenai Emergency Operations Center was completed in March 2005. Antenna systems, antenna combiner, and a Motorola Quantar radio are now in place. Grant funding will be pursued for the EOC until it is operational to a level sufficient for city needs and partnership interests. The Kenai Municipal Airport security camera system has greatly enhanced the entire public safety network. Communications Center personnel are now visually directing responding fire units to minor aircrat~ crashes on the runway, quickly ascertaining threats called in from airport vendors and flight service operators, and responding to 911 calls from Airport payphones with much greater understanding of what is occurring. Vehicle parking lots and aircraft itinerant parking spaces are able to be monitored 24/7. Chief Kopp is co-chair of Security for the upcoming 2006 Arctic Winter Games. This is administratively time intensive, and much coordination is being done with the State Department of Homeland Security, FBI, State Troopers, Municipal police agencies and many volunteer groups. Community Service Officers are involved in many community support groups. They serve on the boards of directors of the following non-profits in our area: 2006 Arctic Winter Games Kenai Peninsula Youth Court Kenai Peninsula Community Care Center Boy Scouts of America, Explorer Post//460 Cook Inlet Council on Alcohol and Drug Abuse Leeshore Center (formerly Women's Resource and Crisis Center) Kenai Peninsula Youth Detention Center- Citizen Advisory Council Peninsula Crime Stoppers Alaska Peace Officers Association KENAI POLICE DEPARTMENT Officers actively partner with civic organizations for Job Shadow, KPC Career Day, Health Fair, Bicycle Rodeos, and other special days that broaden the horizons of our youth. Officers volunteer in our community with the Boys & Girls Club, youth bowling leagues, Little League, Pop Warner Football, and other summer programs. Our area churches and youth groups also receive a considerable amount of volunteer support from our officers. Conclusion In 2004 the police department had 7,080 requests for service/investigations, up from 6,411 in 2003 and over half-again from the 4,817 calls for service in 1989, when Officer Chuck Kopp and Officer Kim Wannamaker hired on with the department. It is a priority of the department to dedicate the personnel and resources necessary to conduct quality criminal investigations. A high solvability of major crimes is necessary for a perception of safety in our community. The Kenai Police Department will continue to provide the very best in public safety services to our City. The department is stable and has quality personnel with a strong public service ethic. We will continue to be innovative and resourceful in our problem solving, crime prevention, investigations, dipnet fishery management, and in our responses to all calls for service. COMMUNITY PROGRAMS D.A.R.E. The Drug Abuse Resistance Education (D.A.R.E.) program continues to receive support from the children, parents, teachers, and administrators involved in the program. The Youth Services Officer and one other Kenai D.A.R.E. officer presem the program to five 5th grade classes at Mountain View Elementary School. The program teaches the children how to resist drugs, interpersonal violence and other illegal activity. In 2004 about 130 fifth graders participated in the 1 O-week curriculum. Approximately 25 to 30 percem of the Youth Services Officer's time is spent with the D.A.R.E. program. In the fall of 1995, the department began instructing a follow-up D.A.R.E. program to the 7th graders at Kenai Middle School. This program reinforces lessons taught at the 5th grade level. About 150 seventh-graders participated in the 2004 curriculum. In late 2004 the department's Youth Services Officer participated in a mentor development program and in the spring of 2005, will complete training/certification to train and certify officers in the DARE Officer Training (D.O.T.) program. He is 1 of fewer than 10 in Alaska to hold this D.A.R.E. Mentor- Instructor status. POLICE EXPLORERS In 1993 the Kenai Chapter of Alaska Peace Officers Association started a Police Explorers program in cooperation with the Boy Scouts. Local high school students interested in law enforcement careers participate in the program. Officers from the Kenai and Soldotna Police Departments and the Alaska State Troopers provide training/instruction and coordinate the program. After the students complete the basic training, they are able to assist local police agencies with minor tasks. S.A.R.T. In October. 1998 the Sexual Assault Response Team (S.A.R.T.) became operational at the Central Peninsula General Hospital (CPGH). Prior to that, sexual assault victims were transported to South Peninsula Hospital in Homer for a S.A.R.T. exam. In 1997 a S.A.R.T. steering committee was established to pursue instituting a S.A.R.T. program at CPGH. The steering committee consisted of members from local law enforcement agencies, District Attorney's Office, Leeshore Center, and CPGH. The committee obtained a state grant to purchase some examination equipment and CPGH Provided additional equipment and examination rooms. Personnel and 'training issues caused the CPGH program to close and S.A.R.T. exams were again performed in Homer. In 2004 the S.A.R.T. program experienced positive change, and in early 2005 the Kenai Public Health Center opened a S.A.R.T. exam office. CRIMESTOPPERS The Kenai Police Department provides the call taking service for the Central Peninsula Crime Stoppers program on a non-recorded line. The department commits an officer as the law enforcement coordinator to Central Peninsula Crime Stoppers. The coordinator is responsible for dispersing tips to other Peninsula Agencies, and for presenting case facts and tip information to assist the Crime Stoppers board in approving reward money. The coordinator is also the voice of Crime Stoppers on local radio and with the local newspaper. Our local Crime Stoppers program was responsible for breaking up a significant burglary ring in 2004, leading to multiple arrests and $25,000.00 in recovered stolen property. One citizen received a $300.00 cash reward for their anonymous tip. The Central Peninsula Crime Stoppers program entered the Internet world in 2004. Citizens can now report tips anonymously at www. crimestoppersonline.com. PUBLIC SAFETY PROGRAMS During 2004 officers provided public safety presentations on numerous subjects including: motorist safety, bicycle safety, child safety seats, drug awareness for parents, Neighborhood Watch meetings, stranger/danger safety, decision-making/goals, business and residential security surveys, robbery prevention, crisis communications and Halloween safety. HIGH SCHOOL MENTORSHIP The Youth Services officer began participation in a high school mentorship program at KCHS in 2003. Positive adult role models in our community participate in the program. A mentor is assigned to one or two at-risk youth, and meets with them once a week at the high school. This is a progressive, proactive nationwide trend that provides healthy adult mentoring relationships for youths who are lacking positive role models. NEIGHBORHOOD WATCH The East Aliak Neighborhood Watch continues to interact with the police department as an organized citizen group, and the Woodland Subdivision Neighborhood Watch (new in 2003) is successfully resolving vandalism and traffic safety concerns through their Neighborhood Watch group. VOLUNTEER SERVICE In 2004 officers served on the .advisory boards of the LeeShore Center, Drug Free Schools Committee, Domestic Violence Task Force, E-911 Advisory Board, Cook Inlet Council on AlcohOl and Drug Abuse, Kenai Peninsula Community Care Center, Kenai Peninsula Youth Detention Facility, Kenai Peninsula Youth Court and statewide law enforcement committees. KPD participates with the KCHS and Kenai Chamber of Commerce on Job Shadow Day, and with the Kenai Peninsula College on Career Day. A mutually beneficial working relationship exists between the police department and the educational and social service providers in our community. Emergency Support Group Partnerships o Local Emergency Planning Committee (LEPC) - Kenai Police Department participates actively with the LEPC. Department staff is involved in ongoing public education efforts regarding community disaster preparedness. . KPB 911 Advisory Board - ChiefKopp sits on the board of directors of the local 9-1-1 council. This group serves in an advisory capacity to the Borough Mayor on KPB 9-1-1 issues. National Emergency Number Association, Alaska Chapter- Chief Kopp currently serves as President of the newly formed Alaska NENA Chapter, This came into being as a result of Anchorage's 2002 9-1-1 initiatives and their regional impacts outside of the Anchorage area. NENA provides assistance to the Alaska legislature on 911 surcharge bills, and direction for operational policies and procedures as well as near-term system designs. Priority issues this group is addressing include: 9-1-1 surcharge legislation, cost recovery for wireless 9-1-1 implementation, accuracy of ALI data from wire line carriers, the role of the Regulatory Commission of Alaska in 9-1-1 matters, standards for 9-1-1 Public Safety Answering Points (PSAPS), infrastructure protection and managing public expectations of 9-1-1. 4. Alaska Counter-Terrorism Joint Task Force - Kenai Police Department is part of a statewide membership of private, Federal, State, and local entities who are working to keep our communities safe from terrorist activities through active information and resource sharing. 5. PRISM/EOC - Chief Kopp and Fire Chief Walden continue to pursue funding to complete the City of Kenai Emergency OperationS Center located on the top floor of the Alaska Regional Aircraf~ Fire Training Center. This EOC will dramatically enhance the City of Kenai's ability to network with the military, Kenai Peninsula Borough, Alaska Division of Emergency Services, and other significant federal resources in time of emergency. The Kenai EOC will serve as the Joint Operations Command Center for the 2006 Arctic Winter Games. . 2006 Arctic Winter Games - Chief Kopp is co-chair of security with Chief Lucking of the Soldotna Police Department for the Kenai Peninsula Arctic Winter Games. . Southern SERT (Special 'Emergency Reaction Team) Officer Trevor Miller is a part of the Alaska State Troopers SERT Team for Southern Alaska. Personnel from Peninsula municipal police departments, corrections officers, and the Troopers form this SERT. SERT trains as a team for a myriad of crises intervention response scenarios. o Sexual Assault Response Team_- The Kenai Police Department participates with the Kenai Peninsula Sexual Assault Response Team (S.A.R.T) to provide a multi- disciplinary response to reported sexual assaults on a 24-hour basis. Kenai Police Department End of Year Report - 2004 REQUESTS FOR POLICE SERVICES/INVESTIGATIONS Requests for police services increased 10% from 2003 to 2004. Month January 377 422 February 331 435 March 326 414 April 405 460 May 417 526 June 448 536 July 462 646 August 490 654 September 403 554 October 406 494 November 351 474 December 401 508 I II . II Ill I I _1 I I .... I . Total 4817 6123 430 484 437 481 436 507 500 502 564 663 529 641 735 878 590 729 580 567 576 567 537 519 497 545 6411 7083 1000 800 700 6OO 5OO 400 300 200 lO0 Kenai Police Departmem End of Year Report - 2004 ARRESTS The following statistical tables represent the number of arrests in each category of crime. Arrests are not always an accurate measure of activity for the following reasons: 1. One arrest can clear multiple offenses. 2. Multiple arrests can clear one crime. 3. Warrants issued for an offense committed in Kenai and served in another jurisdiction are not always counted. 4. Warrant arrests made by Kenai police officers for offenses committed elsewhere are included in the table of Criminal Offenses and Arrests. Category of Arrest- Reports and Arrests .... Assault (N°n-Domestic Violence) 68 Assatdt (Domestic Violence) 102 Family Offenses 138 Sex Offenses 42 Arson 0 Burglar3: 39 Forgery/Fraud 64 Robbery 2 Larceny (Non-Vehicle related) 290 Vehicle Theft 18 Drugs 114 Drivfllg Under the hffluence 114 Traffic Arrests 297 Warrant Arrests 98 Weapons Offenses 18 Off, er Offenses 779 Subtotal all fields 2183 2004 2003 2002 R port ...... 1292: . 73 88 96 ii 6:81 101 111 8 134 53 '7' ~ ~ 53 0 , ~0~ 1 . . 51 10 48 55 30 50 4 1: 1 370 . 61 369 44 6: 47 129 ~73 103 121 121 182 324 315 ' 299 125 1,57'i: 106 32 8 31 887 ~279 922 2475 1i79'" 0, 11 14 ~. 80 87r 1o6, 2535 1170 Category of Arrest - Adult and Juvenile Adult 2004 i 4uvulae Assault (Non-Domestic Violence) 30 Assault (Domestic Violence) 76 Family Offenses 8 Sex Offenses 15 Arson 0 Burglary 8 Forger3.4Fmud 39 Robbery 2 ,. Larceny (Non-Vehicle related) 53 Vehicle Theft 3 Drags 62 Drivh~g Under the hffluence 114 Traffic Arrests 276 Warrm~t Arrests 95 Weapons Offenses 6 Other Offenses 181 2003 Adult ~'~ J~ile 25 59 5 7 0 7 27 0 42 5 62 119 297 156 8 197 2002 Adult j~enile 34 61 7 l 0 8 14 0 56 5 67 177 271 101 12 182 Subtotal all fields 968 128 1016 163 996 174 ...... Kenai Police Departmem End of Year Report - 2004 TRAFFIC CRASHES Category Reported Crashes 362 349 384 Investigated Crashes 169 183 225 Damage only Crashes 142 142 179 Injury Crashes 25 39 47 Fatal Crashes 2 1 0 Animal Crashes 29 35 25 Alcohol/DUI related 8 7 20 6 0 5 0 4 0 3 0 2.0 1 0 0 Jan Feb M ar Apr M ay Jun Jul Aug S e p Oct Nov Dec TRAFFIC ENFORCEMENT 2004 2003 2002 DUI/DWI Arrests 114 121 182 Traffic Contacts 3688 4305 1765 Citations Issued 1500 2032 1471 Kenai Police officers recorded 3688 traffic related contacts (down 14%), resulting in 1500 citations (down 25%). One hundred sixty-nine of these citations resulted from crash investigations. 2004 crash data shows that 294 vehicles and 378 occupants were involved in motor vehicle crashes in the City ofKenai. Seatbelts or approved restraint devices were utilized 95% of the time. This is the same percentage reported in 2003. The 25 injury accidems resulted in 45 persons reporting injuries. They ranged in definition of possible, non-incapacitating and incapacitating. This is a reduction of 36% from the previous year and a 47% reduction of injuries over the past two years. Alcohol was a factor in eight crashes in which an arrest for Driving Under the Influence (DUI) was made. Alcohol or drugs were involved in a total of 12 crashes. The average breath alcohol concemration (BrAC) for an arrested driver in a moving vehicle accident was. 160, twice the legal presumptive limit of. 08. KPD made 114 arrests for DUI in 2004, a decrease from 121 in 2003 and 182 in 2002. Extensive media advertising and State grants for traffic safety enforcement have helped in reducing the overall numbers of DUI offenders. In 2004, 12 drivers involved in crashes were not insured and were found to be at fault. Seven percent of accidents involved non-insured drivers. 111 drivers were issued summonses for Failure to Insure Vehicle, and 147 citations issued for Failure to Show Proof of Insurance. There is not a measurable system in place to determine how many of those cited actually did Kenai Police Department End of Year Report - 2004 not have insurance coverage. Additionally, eight drivers were found to have suspended or invalid licenses, six of which were found to be at fault in 2004 crash investigations. There were 29 crashes with moose, a decrease of 18%. Eight occurred between January and March, while 15 occurred between September and December. The majority occurred between mile 4 and mile 8, between mile 13 and 15, and on Bridge Access Rd. All but two occurred on two lane, non-lighted roadways with a posted speed limit of 55 mph. The 362 reported accidents in 2004 are an increase of 4%. The 169 crash investigations represent an 8% decline from 2003. Reported accidents include vehicles in the ditch, those that incur less than reportable damage minimums, and those occurring on private property. The crashes were evenly spread among the days for occurrence. The majority happened between 1200 and 1800 hours. The second highest time was between 1800 and 2400 hours. Nearly 65% of the collisions took place in these time periods, and most of them before 8pm. 75% of the accidents occurred during the workweek. Calendar year 2004 continued dedicated programs designed to reduce crashes and DUI occurrences, and increase seatbelt use. The department added one full time position in 2004, bringing the total department strength to 17. That position did not fill until December and did not factor into statistics for this report. Patrol officers spent 45% of their time conducting investigations and 23% of the time dedicated to patrol. Additionally, 8% of patrol officers' time was allocated to training. KPD participated in Alaska Highway Safety Office gram programs that added 298 dedicated traffic hours resulting in a safer community by reducing injuries by 36% and overall accidents of 8%. Our mission, together with the community of Kenai, is to make our city a place where all' people live safely and without fear. The efforts of the Kenai Police Department in applying community policing and innovative problem solving is reflected in the results represented in this report towards support of our mission. Kenai Police Departmem End of Year Report - 2004 All other calls for service Abandoned Vehicle Agency Assist - Other Agency Assist- Soldotna Police Department Agency Assist- Alaska State Troopers Agency Assist- Kenai Fire Department Alarms Animal Problem Attempt to Locate Attended Death Attempted Suicide Citizen Disputes (Civil problems) Citizen Assists Community Relations Criminal Intelligence Possible DUI calls DVRO service (Restraining Order service) Emergency Message Extra Patrol Request Intoxicated Person Juvenile Runaway Juvenile Problem Lost/Found Property No Code Deaths Noise Complaints Other Non Criminal Parking Problem Possession of Burglary Tools Protective Custody Drugs, Alcohol or Mental Issues Recovered Stolen Property Suspicious Person Suspicious Circumstances Suspicious Vehicle Traffic Hazards Traffic Offenses Unattended Death Unsecured Premises Vagrancy Vehicle in Ditch Vehicle Serial Number Inspection Welfare Checks MUNINCIPAL ORDINANCES Blocking Snow Removal Camping Violation Motorcycle/Recreational Vehicle Problem Other Mulficipal Ordinance Violations Snow machine Violations ,, _ 2004 2003 98 73 280 136 37 33 367 293 138 130 150 152 190 87 14 30 5 7 15 7 213 151 259 148 215 60 20 23 171 171 17 53 0 8 140 160 87 67 34 51 194 190 150 158 4 0 124 116 123 110 35 16 0 0 12 6 77 3 71 53 503 480 61 57 128 91 317 347 16 15 32 26 0 0 78 74 1 5 194 156 2002 Ill 70 127 36 333 111 130 102 33 3 12 172 141 36 29 274 59 9 141 62 107 180 180 6 151 112 28 1 14 4 58 504 71 88 425 9 30 0 40 9 141 36 30 37 13 10 10 6 5 10 96 102 56 32 26 30 TOTAL 4676 4181 4717 All other calls for service provides a broader view of police response categories other than primary criminal offenses and arrests. Table of Criminal Offenses and Arrests 2002- 2004 Assault (Non-DV) Assault no weapon agg injury Assault on an officer w/t a firearm Assault on an officer, other weapon Assault on an officer, Simple (no weapon) Assault other weapon ~Assauit with a firearm Assault with a knife Assault, Simple (no weapon) Assault, Intimidation Category Subtotal 20O4 2003 2 0 39 2002 ~. 11 1 0 1 6 0 3 19 41 Assault (DY) DV Assault 4· DV Assault no weapon agg injuq/ DV Assault other weapon ~ssault w/t a knife ~, ¢ Assault w/t Firearm Category Subtotal 69 8 2 1 59 1 4 3 1 68 64 3 0 0 67 Family Offenses Child Abuse or Neglect Contributing to the Delinquency of a Minor Custodial Interference Family Fight (Non-Violent) Family Offense, Other Category Subtotal 3 4 12 Sex Offenses Pomography Sexual Assault, attempted rope Sexual Assault, fondling Sexual Assault, Rape Sex Offense Other Sexual Abuse of a Minor -"'~tutory Rape Category Subtotal 0 17 Table of Criminal Offenses and Arrests 2002- 2004 Arson Arson, Commemial Buildng Uninhabited Category Subtotal 20O4 2OO3 2OO2 Bu rg_!__a_ry Burglary, not a residence, att force entry Burglary, not a residence, forced entn/ Burglan/, not a residence, unlawful entn/ Burglar/, residence, att force entry Burglan/, residence, forced entq/ Burglan/, residence, unlawful entq/ Category Subtotal 0 2 2 2 4 1 3 10 6 11 Forgery/Fraud Counterfeiting/Forgen/ False Information or Report ~d, Credit Card/ATM .,~ud, Impersonation Fmud/Swinde/Confidence Game Wire Fraud Category Subtotal Robbery RobbenL Firearm, Residential Robbery, Knife, street Robbery, Other Weapon, Residential Robbery, Strong-arm, Gas Station Robbery, Strong-arm, Miscellaneous Robbery, Strong-arm, Residential , Robben/, Strong-arm, Street Category Subtotal 17 16 5 40 0 0 0 0 1 2 10 20 0 3O 0 12 2 0 14 Table of Criminal Offenses and Arrests 2002- 2004 2004 L arc e n__y__ (_N_on-Vehicle) Theft, Pick-pocketing Theft from a Building Theft from a Motor Vehicle Theft of a coin machine Theft of a purse Theft of Vehicle Parts Theft, other property Theft, Bicycle Theft, Shoplifting Category Subtotal 3 24 71 18 2003 2002 61 0 0 3 38 0 8O 24 Vehicle Theft Theft, Car or Truck Theft, Motorcycle other type Category Subtotal 5 0 Dru_g_.~ Possess pamphemalia Possess synthetics Possess, other Possession of cocaine Possession of marijuana Sale/Manufacture cocaine Sale/Manufacture marijuana Sale/Manufacture other Sale/Manufacture synthetics Category Subtotal DUI Breath Test Refusal DWI, Alcohol or Drugs Felony DWI Category Subtotal 0 8 3 1 55 0 2 72 95 10 0 10 2 57 0 2 2 0 73 12 107 2 121 1 0 0 72 0 10 4 0 87 2 182 Table of Criminal Offenses and Arrests 2002- 2004 Traffic Arrests Driving - Suspended/Cancelled or Revoked Ddving without a license Failure to insure vehicle Fail to stop for a school bus Reckless Ddving Category Subtotal Warrants Failure to appear Fail to comply with conditions Fail to satisfy judgment Fail to report Category Subtotal Weapons Offenses !osives/Incendia~/problem . ,, eworks Weapons Offense Category Subtotal 2004 2003 104 292 7O 22 43 0 1 157 18 2002 294 80 26 106 12 Other Offenses Alcohol Offenses - Includes Offense 18-20 & Juv Bomb Throat Communications Offense Cdminal Mischief Cdminal Negligent Burning Cruelty to Animals Curfew/loitering Disorderly Conduct DVRO Violation Escape Extortion/blackmail Fair to Stop at direction of a Police Officer Fugitive from justice "=tabling ~ssment Interfere wit report of a DV cdve 0 0 38 6 0 0 4 1 ., 0 9 11 106 0 31 0 0 0 0 0 31 0 0 2 1 5 2 0 10 13 Table of Criminal Offenses and Arrests 2002 Kidnapping/abduction Littering Mail Tampering Mental Subject Missing person Non-sufficient funds checks Obstruction of justice Other cdminal Peeping tom Perjury Probation/parole violation Prostitution Prowler Reckless endangerment Resisting/interfere w/t arrest Stalking ~ats .)acco Problem Trespassing Unlawful contact Violate conditions of release Category Subtotal 2O04 2004 2003 2002 O . 4 0 0 9 7 2 0 0 12 9 0 0 16 279 0 21 234 . . 7 1 6 255 · COMMUNICATIONS DEPARTMENT 2004 ANNUAL REPORT L to R: Jayms Hams, Greg Beckman, Nancy Wiles, Beverly Stavley, Lee Gattenby, Janet Matson, Danette Howland, Scott Larson and Amy Mattox The Communications Department is a designated E911 Primary Public Safety Answering Point (PSAP) through which Kenai Police, Fire and Animal Control Departments are able to maimain their law/code enforcement, emergency medical and search and rescue responsibilities to the public. Kenai dispatch has also been designated as the back-up center for the Soldotna PSAP (Soldotna Post AST) during emergencies. The department answers five 911 lines, 16 administrative phone lines (18 lines after hours, weekend/holidays), four radio frequencies, the FAA crash phone and the peninsula wide Crime Stoppers line. The employees of the Communications Department are most often the first contact the public has with the City. During the 2004 calendar year, Dispatch fielded 7080 calls for service to Police and 1200 calls for service to Fire/EMS. It is typical that dispatch will answer 180 administrative calls in a 24-hour period (peaking to 350 per day during the summer). The department coordinates street and Airport grading, sanding and snow removal response after normal business hours during the winter months. They also monitor and respond to city alarms that service the Airport terminal and the Water Sewer lif~ stations. Dispatch routinely handles walk-in customers for 'fix-it tickets', report requests, officer interviews or informational inquiries 24 hours a day, seven days a week. Communications staff provides extensive support to the Police Department in the way of record keeping and case file construction for submittal to various legal agencies (e.g. District Attorney, Alaska Court System, Division of Juvenile Justice, Office of Child Services). It maintains various statistical reports, including the FBI Uniform Crime Reports, National Crime Information Center reporting, Alaska Public Safety Information Network entry and Crime Stopper data. Dispatch also monitors alarms for business, residential and financial institution security systems, and archives Department records. COMMUNICATIONS DEPARTMENT EMPLOYEE BIOGRAPHY Lee Gattenby Dispatch Supervisor 5 years experience Beverly Stavley Dispatcher 8 years experience Nancy Wiles ' DisPatcher 6 years experience Greg Beckman Dispatcher 3 years experience Janet Matron Dispatcher' 3 years experience . Jayms Harris Dispatcher 2 years experience Amy Mattox Dispatcher 6 months experience Scott Larson Dispatcher 5 month~ experience Oanette !towland Res~rv~ Dispatcher 6 y~arll ~cperienc0 Kenai Animal Control Department L to R: Brett Reid and Bill Godek Bill Godek Chief Animal Control Officer 23 years of service Bachelor of Science - Anthropology Brett Reid Animal Control Officer 23 years of service KENAI ANIMAL CONTROL 2004 AN N UAL REPORT TOTAL ANIMALS, HANDLED;, 1,595 Intake Impounded-917 Received from Owners: 556 D.O.A.-122 Composition Dogs: 946 Cats: 563 Other Animats: 86 Miscellaneous Information: TOTAL CALLS- 7,959 INFORMATIONAL CALLS' 7,061 SERVICE REQUESTS' 898 LOST/FOUND REPORTS' 578 BITE INVESTIGATIONS' 13 Dispositi,on Ctaimed: 236 KNOWN BORO ANIMALS' VOLUNTEER HOURS' 452 1,829 Adopted: 523 Euthanized: 706 Wildlife Released, etc.' 8 1983-2004 Total Animals 2000, 1500. 1000 SOO 0 1983 1986 1987 1989 1991 1993 1996 1997 1999 2001 2003 IMTotal Animals 1000 8O0 600, O. 2000-2004 Animal Intake Composition 2000 2001 2002 2003 2004 al Dogs I Cats El Other Animals 2000-2004 Known Boro Animals 1400, 1200. 1000 800 600 400 200 0 2000 2001 2002 2003 2004 r/Kn°wn Boro Animals ,r'l Kenai Animals 1000. 800. 600- 400- 200- 5 Year Adoption~uthanasia trend 2000 2001 2002 2003 2004 Euthanasia · Adoptions,. CITY OF KENAI- DOCK RATE SCHEDULE -~i"hda snOw, City Manager May 26, 2005 KENAI HARBOR RATE SCHEDULE The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 5% sales tax added to the total invoice (3% City and 2% Borough). RATE SCHEDULE SUMMARY 1. Product wharfage (w/crane; w/o forklift) $ 0.07lib Non-product wharfage (ice, nets, staples, etc.) O.04/Ib. Purchases Purchases Purchases Under 500 500 gal. 2000 gal. Gallons or more or more 2. Fuel Gasoline Regular 2.026 1.976 State Marine Tax .050 .050 Federal Tax .184 .184 _ Total S/gal. 2.26 2.21 Diesel #2 2.43 2.38 2.33 State Marine Tax .05 .05 .05 , , Total S/gal. 2.48 2.43 2.38 *NO TE: discounts for volume purchases are for one vessel at a time. · 3. Used Oil Dumping $1.00/cjal. 4. Boat Launch Ramp 0-10 min. - $15.00 Includes Parking with Trailer Each min. over 10 min. - $1.00/min. Seasonal pass per boat - $150/season 5. Parking Only (If with trailer, must pay launch fee) $10.O0/day · Seasonal Pass for Parking $100.O0/Season , 6. Tie Up Fee A. Skiffs tied to land side of concrete dock $7.00/day Seasonal Pass per boat $150/season B. Boats tied to buoy in river $10.00/day 7. Forklift w/Operator (1/2-hr. minimum) $50.O0/hr. 8. City Labor Charges for call out (2-hr. min.) $40.00/hr. 19. I Other Items See Dock Manager Prior to Use i Project status Report A/NC/F/ City Centact Project Name STII A JL Airport Security Fencing A=Active NC=Non-Construction F=Future STIP=State Trans. Imp KK - Keith Kornelis JL - Jack La Shot RS - Robert Springer MK - Marilyn Kebschull Jet - Jan Taylor Status Approximately 50 percent complete. A JL Airport Security System Had final inspection. Training complete. A MK Airport Supplemental Planning Assessment Project awarded to DOWL. Joint Work sessions with consultants planned for 6/13, 7/26. Phase I Report- final being printed. A JL Airport Taxiway "H" Access Parking May construct as CO to Terminal project. Cat X received. A JL Airport Terminal Modifications A KK Concrete Repairs Completion of minor items underway. Change orders coming for additional work. Bid Opening 5/25/05 for concrete curbs, gutters, and sidewalk repairs. A JL Contaminated Soils - Shop Reappropriated $151,314. Preparing work plan. Holding tanks for floor drains installed. Sampling underway. Will replace some damaged monitor wells and remove one dirt pile soon. A KK Kenai Boat Launch Improvements Received $350,000 grant. Nelson & Associates are working on the design and Corps permit. A KK Kenai River Bluff Erosion Control Project The City received the status report from the Corps dated 4/20/05. The Corps study is scheduled to be completed in July 2005. Hopefully, the City will get additional funds to help with the design and answer any questions from the study and agencies including obtaining the Corps Permit. Thursday, May 26, 2005 Page 1 of 3 A/NC/F/ A JL City Contact Project Name Multi-Purpose Facility Status Organizing tasks for Arctic Winter Games Preparation. Beam insulation and fire barrier project underway. Will increase fire barrier application. A JL Parallel Taxiway Pre-construction conference May 31. A JL Runway Extension Environmental Assessment CAT-X on Taxiway H Access and Parallel Taxiway projects received. A KK S. Spruce Wetlands Protection Trail from Municipal Park to beach completed but needs some repairs. Received additional funds from USFWS for signs that need to be installed. A JL Senior Kitchen Design 50 percent complete. Review with architect on June 9. A KK Water Main WH4 to Swires Nelson working on design. City is working with DEC and Corps on permit. 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 F KK Boating Facility Exit Road The City is working on possible land trade for an exit road. Received appraisal on the land the City wants. City has received our wetlands appraisal for possible trade. F KK Culvert Repairs S. Spruce & Boat Launch Road Have applied for two matching grants from U.S. Fish & Wildlife Service. USFWS states that we will get the grants. The grant requires a match which will come from muni-matching grant for road improvements. F JL Maintenance Shop Preliminary plans and specifications complete. Thursday, May 26, 2005 Page 2 of 3 F KK Project N nm McCollum & Aliak, Set Net Dr., S. Ames Rd., Thompson Park Subdivision LID's Status These LID projects are on a list for consideration by Council at a later date. Projects on hold until changes made or funding found. Received Thompson Park Subdivision Paving Petition, but it was returned since they need additional signatures. 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. Thursday, May 26, 2005 Page 3 of 3 SSG DAVID Q. DOUTHIT AMULETS American Veterans of World War II, Korea and Vietnam 35390 K-Beach Road, No. 30 · Soldotna, Alaska 99669 Telephone (907) 262-3540 Date: 5/19/05 From' TO' AMVETS Post Commander The Honorable Pat Porter Mayor of Kenai Subject: Memorial Day Ceremony Dear Mayor Porter; You are cordially invited to attend our Memodai Day Ceremony at Leif Hansen Memodal Park in Kenai on Monday May 30, 2005. The ceremony will begin at 1:00pm. There will be an open house at the AMVETS, American L~ion and VFW Posts following the ceremony. "~ames Walters, Commander, AMVETS Post ~ Soldotna, AK P. S.A. Date: Wednesday, May 28, 2005 Number of Pages' 1 Phone~ (907)'262-9814 Fax: (907)262-3566 Info@soldotnachamber. com FROM: Erica TO: ,All Media PLEASE RELEASE IMMEDIATELY: The Soldotna Chamber will hold it's regular weekly luncheon on.Tuesday, May 31 at noon at the Soldotna Sports Center. The Soldotna, Kenai and Nikiski Chamber's of Commerce'as well as the Alliance will be joint hosting a Legislative Update with Representative Olson, Representative Chenault and Senator Tom Wagoner. For more information please 'contact Erica at the Soldotna Chamber at 262-98'i 4. Thank Y. ou, Erica Williamson Soldotna Chamber of Commerce - Department of Revenue Tax Division, Gaming Group PO Box 110420 State of Alaska 2005 Gaming Permit Application 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 Federal Employer Identification Number (LIN) 92-0069243 Organization's Name Kenaitze Indian Tribe Mailing Address Permit Nu'mber P.O. Box 988 City State [Zip Code I Kenai Alaska 199611 TYPE OF ORGANIZATION. (Check one box. For definitions see AS 05.15.690 and 15 AAC 160.995.) HAY I ', Tsl~pho~ ~um~r gO7/283-~6gg F~ Numar 907/283~3052 rsmaggeOkenaSrze, org r-] Charitable r""l Fraternal r'"] Police or Fire Department r"] civic or Service D Labor ~ Political !-'1 Dog Mushers D Municipality r'-! Religious r-! Educational D Non Profit Trade Association D Veterans D Fishing Derby r-1 Outboard Motor Association ~ IRA/Native Village ORGANIZED AS l r--! Corporation T r i ba 1 ['] Partnership r-] Association PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the organization. Persons may not be licensed as an operator, vendor, or employee of a vendor. Primary Member's First Name IM.I. I Pdmary Member's Last Name Rosa-lie TeDD Social Security Number I Daytim6 Telephone Number I 1907/283-9285 Home Mailing Address Alternate Member's First Name 2715 Watergate Wa~ c,~ Istate lzip co~e Kenai IAk. ! Has the primary member taken and passed the test? I~iYes ONo Permit number under which the test was taken. # ]. 0 ~ James · Social Security Number H~3me Mailing Address ?.0. ,;Box 26~2 C~ty Kenai IM.I. IA~emate Member's Last Name O[ Segura IDaytime Telephone Number State lZ,p Code Ak. I 99611 Has the alternate member taken and passed the test? ~qYes DNo Permit number under which the test was taken. # ~ 0 7/, THESE QUESTIONS MUST BE ANSWERED. (See instructions.) D Yes F'~ No r"l 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 cdme 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 by law. ign~ Printed Name Date Rosalie A. Te Vice-Preside~ ;ignature (See Printed Name Date James 0, Sesura _5/13/05 The permit fee [~ $0 - $20,000 = $20.00 a correct amount. on 2004 estimated gross receipts. Make Checks Payable to the State of Alaska I~1 $20,001 - $100,000 = $50 r""l · $100,001 or n~re = $100 Two copies of this application must be sent to all applicable municipalities and boroughs. See instructions for mandatory attachments. Form 04-826 Application Front (Rev 09104) Page 1 2005 Gaming Permit Application IOrganization Name KENAITZE -INDIAN TRIBE GAME TYPE. (Use for completing information below ) Bingo ~'-~ -Raffles Puli-Tabs Contest of Skill Canned Salmon Classic Deep Freeze Classic Dog Musher's Contest Fish Derbies Goose Classic Ice Classic ACTIVITIES CONDUCTED BY ORGANIZATION Facility Name Physical Address D King Salmon Clasmc F~ Mercury CT-~ .- ~' .. r'"] Race classic ORain Classic DSalmon Classic Permit Number .. _ Kenaitze Indian Tribe Administrative Offices ,, Snow Machine Classic Special Draw Raffle ~. Animal Classic (Rat Race) Animal Classic (Chicken) " Game Type(s) ,,, Bingo 255 N. Ames Raffle Kenai,~ Ak. Pull-Tabs Is Facility ~'~Owned r']Leased r'~Donated DOwne~ r-.--] Leased r~Donated DOwned ~ Leased r'"] Donated r"~Owned r--]Leased r-'] Donated MANAGER OF GAMES. As defined 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 need to appoint a manager below.) ti anager's F~rst Name Ia. I. l Manager's Last Name osalie ! k~ Tepp ome Mailing Address 715 Watergate Way Social Security Number IC~ty [e~a-i IDaytime Telephone Number 907/283-9285 IState IZip Code AK. I 99 zz ACTIVITIES CONDUCTED BY VENDOR. (Pull-tabs are the only games a vendor can conduct.) Vendor registration and fee must be attached. Name o~ Vendor Physical Address N/A ACTIVITIES CONDUCTED BY OPERATOR IName of Operator Physical Address ~/a ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE ~ame of MBP Physical Address ~/~ Game Type(s) Operator's Lic. No. Game Type(s) MPB... permit 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 organization Will use the net proceeds from gaming activities. (Be specific.) , SEE ATTACHMENT "A" Form 04-826 (Rev 09104) Back KENAITZE INDIAN TRIBE 2005 GAMING PERMIT APPLICATION ATTACHMENT "A" DEDICATION OF NET PROCEEDS' The Kenaitze Indian Tribe proposes to dedicate 50% of its net proceeds to its tribaJly operated programs, services and activities; and 50% to develop tribally owned lands, land acquisition and buildings that will be used exclusively to house or accommodate our tribal programs and program activities. The Kenaitze Indian Tribe is a federally recognized Tribe since 1971, reorganized under the Indian Reorganization Act of 1934, as amended for Alaska in 1936. The Tribe has successfully administered federal/state grants/contracts for over 30 years that benefit its Tribal Members, other Alaska Natives and American Indians residing with our service delivery area. The following are some of the programs the Tribe currently admini~e~' -Head Start; Housing; Dental/Health Clinic; Drug/Alcohol~ehavioral Health Programs; Employment & Training; WIA; General Assistance; LIIIEAP; EPA; ICWA; Tribal Courts; Elder and Youth Program; Tribal Operations; Cultural and Tribal Educational Fishery. Many of our programs operate from multiple leased or rented facilities. However, it is the vision of the Kenaitze Tribal Council, the Governing Body, to acquire properties in order to consolidate programs and tribal operations onto one or two site locations. The Tribe steadily moves forward to accomplish this goal. About a month ago, we were able to acq~ property in "Old Town Kenai", the number one site location Tribal Membem selected in the Facility Feasibility Study. KENAITZE INDIAN TRIBE CURRENT PARTIAL TRIBAL ENROLLMENT LIST ATTACHMENT "B" 1. Rosalie Tepp 2. James showalter 14. David Segura 15. Mary Lou Bottorff 3. James Segura 16. Lorne Smagge_ 4. Jonatlmu Ross 17. James V. Smagge 5. Alan Baldwin 18. Edward Segura 6. Robert Fulton 19. Esther Segura 7. Bonnie Juiiua~n 20. Robert Wilson 8. Rita Smagge 21. Suzanne Jac~on 9. Liisia Blizzard 10. Alexandra (Sasha) Lindgmn 22. Sandra Wilson 23. Julia Carson 11. Mary Ann Tweedy 12. Joyce Williford 24. Carol Dolan 25. J,a, ck Williiord 13. William Segum, Sr. MAKE PACKETS COUN~L PACKET I~:I:$T~BU~ON ¢OUN¢]:L MEE~N6 DA'rE. ~ayor/¢ouncil //~'~) Attor.~¥ K Taylor/$prin~er/Kebschull Cl~rk ~ City Manager ~ Public Works Polic~ Department ~ Finance ~ Engineer Senior Center / Airport / Kim Library / Parks & Recreation / 'Clarion Fi~e Department ~ 5chmidt /'Mellish VISTA / Olson (Mail) ~ KSRM AGENDA DZSTI~BUT~ON f I Sewer Treatment Plant / Streets 5hop ./ Dock Buildin~ Maintenance ~/ Animal Control Water/Sewer ~ Counter i DEI_I:VER ,, Council Packets to Police Department Dispatch desk. my office. Mail Representative Ot~on's---~' to State Capitol' Room 110, ,Tuneau (mailing labels in Dyno babel list). The portion of the agenda pub, li~y the Clarion should bellied as soon as possible afte~ Noon on ~r~cket day. The camera- / rea~~, agen_cla ¢:/myfile$/document$/minute$/agenda form for paper)is emailed to /~Denise at Peninsula ~/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell~acsalaska.net). Home Page documents (ag.~d~~ resolutions, ordinances for public hearing, and ordinances for introcluctio~~r~ usually emailed to me and [ hold them in my HTML file. Place them onto thee city' web$ite with Dreamweaver from there as soon as possible before leavin t~~e~~ office for the weekend.