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2005-11-16 Council Packet
Kenai City Council Meet ing Packet November 16, 2005 AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 16, 2005 7:00 P.M.: KENAI CITY COUNCIL CHAMBEI~ htt~://www, ci.kenai, ak.u s .ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMM~-NTS (10 minutes) , Ken Duff, Ex. Director, Frontier Community Services -- Frontier Community Services Building Project. e Rhonda Ogelsby/Kenai Kennel Club -- Section 36/Request for Space -- Dog Park/Section 36. Comments/Wal'Mart (3 minutes/speaker) ITEM C: UNSCHEDULED PUBLIC CO_M_M~_.NTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, L~'-C_-ISLATOR_R AND COUNC~ ITEM E: pUBLIC HEARINGS , Ordinance No. 2131-2005 InCreasing Estimated Revenues and Appropriations by $1,300 in the General Fund for the Staying Connected Grant. e Ordinance No. 2132-2005 -- Increasing Estimated Revenues and Appropriations by $5,000 in the General F~nd for a Donation Made by Te~oro Petroleum Co. to be Used for the Town Clock.' e Resolution No. 2005-48 -- Directing the Continuation of the Project Entitled "Set Net Drive (From VIP Drive to Watergate Way)" and Designating What Improvements Are to be Included in This Project. (Clerk's Note: A motion for approval of Resolution No. 2005-48 is on the table.} . . ITEM F' , ITEM G: , , ITEM H: . , , , , , . Resolution No. 2005-49 -- Opposing Integration of the Halibut Charter Fishery into the Existing Commercial IFQ System. Resolution No. 2005-50 -- Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards. MINUTES *Regular City Council Meeting of November 2, 2005. OLD BUSINESS Discussion -- Proposed Sale of Wetlands/The Conservation Fund. (Clerk's Note: A motion to sell Parcels 4, 5, and 6 is on the table.) Approval-- Appointment of Mini-Grant Steering Committee NEW BUSINESS , ,, Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2133-2005 -- Increasing Estimated Revenues and Appropriations by $36,370 in the Airport Land Fund for Repairs at the Flight Service Station. *Ordinance No. 2134-2005 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a State Library Grant. Approval -- Assignment/Security Assignment of Lease and Amendment to Lease -- Lot 2, Block 1, Gusty Subdivision/Thomas Wagoner to Ma & Pa Alaskan Treasures, Inc. Approval -- Vacation of the South 33-Foot Right-of-Way Easement Adjacent to Government Lot 94 and Vacate the North 33-Foot Right-of- Way Easement Adjacent to Government Lot 105, Reserving a 30-Foot Easement, 15 Feet Both Sides of the Property Line Between Government Ix~ts 94 and 105 for U~ties. Original Patent No. 53348, Recorded in Book 31, Page 236 Kenai Recording District; Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256; Petitioners: E~und 12. and Iris B. Enders of Anchorage and ,John d. Williams of Kenai, Alaska; Location, City of Kenai. Approval -- Lease Application/Tract B-1, Baron Park No. 10; Tract C, Baron Park No. 5; and, Lot 1, Baron Park No. 5 -- Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc. o ITEM I: o 2. 3. 4. 5. 6. 7. Discussion -- Peninsula Art Guild/Request for Funding COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks 8; Recreation Commission Planning 8; Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City clerk ITEM L: DISCUSSION ,, 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT NOVEMBER 16, 2005 REGULAR COUNCIL MEETING SUPPLEMENTAL INFORMATION FOR: SUPPLEMENTAL INFORMATION FOR: MOVE: ADD AS: Item E-3, Resolution No. 2005-48 -- KK memorandum related to Set Net Drive LID. Item E-3, Resolution No. 2005-48 -- J. Whannel letter noting a subsequent decision not to support the formation of the assessment district. Item H-7, Lease Application/Lounsbury/~ Associates for Wal-Mart Stores, Inc. -- Hear Immediately following Item B-3 {public comments} Item H-9, Scheduling of Board of Adjustment Hearing-- Appeal submitted related to the Lease Application/Lounsbury & Associates for WE-Mart Stores, Inc. -- Hear immediately following H-7. . .REOUESTED BY: ADMINISTRATION CITY CLERK ADMINISTRATION CITY CLERK ADD TO: No changes. K-l, City Manager's Report -- Draft City of Kens_/ Capital Improvements Plan 2006-2011 CONSENT AGENDA CITY MANAGER MAYOR'S REPORT Confirm work sessions for: 11/28/05, 6:00 p.m.~ Cou_n_cl! Chambers -- Capital Improvement Plan Work Session REMINDER: REMINDER: 11/18/05, Tom Middendorf, Council Chambers -- Airport Supplemental Plan Work Session {either 1:00 p.m. or 3'00 p.m.) 11/18/05, Paul Gray, Council Chambers -- Time dependent on Supplemental Plan Work Session (either 1'00 p.m. or 3:00 p.m.} ~wzw O0 ~wzw ~~~o oo Z 0 uJZW ~) ~~o~~~o~oo ~ z w ~ ~ z 0 u.I >. ~'wz ~ LU Z W OW · > w ~~ Om ~o ~R~o > z~ w ww~zw Ow > z~ w ww~zw Ow 0 z 0 TESTIMONY SIGN-IN SHEET TESTIMONY SIGN-IN SHEET ,, TESTIMONY SIGN-IN SHEET et i, Kenai City Council i oppose the approval of the permit for the lease of land to the Wal- Mart Corporation for the folloWing reasons. Environmental Impact 1- Wet Lands' a) The city of Kenai approached the Army Corps of Engineem earlier this year about leasing the 37 acres in question. The Corps at that timo informed the City that there were wet lands on this parcel and that a permit would be needed before building there. Wal Mart plans to' commence construction in April '06. However an on site determination by the Army Corps of' Engineers can't be done on that parcel until the growing months on the Kenai, that's June, or later. How can they presume to begin construction without that permit when they know that would be in violation of the Clean Water Act as well as the Army Corps of Engineers and the EPA? b) The current conceptual site drawing of the proposed Wal- Mart store show the drainage/run off from the parking lot directly adjacent to the existing .salmon stream. So not only are we selling most of our curront local businesses down the river, but the salmon too?? Is nothing sacred in this town? c) Will the current storm drains in the city of Kenai be able to accommodate the additional run off from this 37 acros? Will they need to be upgraded? Can the salmon stream be completely avoided? Who will be financially responsible for this? d) Will Wal-Mart store bags of toxic compounds, such as fertilizers, pesticides and other garden products in their parking areas that can break open, join the runoff and leach into our ground water, wetlands, salmon streams, etc. e) What sort of provisions have been made in the case of a failure on Wai-Mart's part to succeed? Will we be left with a huge, unsightly box in our town that can't be leasod out or sold? Or will they agree to return the 27 acres (and it's wetlands) as close to it's original condition as possible? 2- Economic Impact to the city. Fair Market Value: a) Are you getting the best value for the property? 1-6% of the Fair Market Value is the minimum tax" base for the lease of this land, and an extremely good deal. Have other businesses been given the same deal? b) What studies value? have you done that show this is the best c) What's the estimated amount of increased revenue for the city and what is the source? d) What are the additional costs to the city? The cost for dealing with incroase in traffic, increased shop lifting, automobile accidents, ambulance calls. More police time, jail space? Increase in court costs? Sewage, water, utilities, police, fire. e) How will you handle the snow removal? Have you a designated place to dispose of the snow from this 37 acre parcel? f) This will drastically change the traffic pattern. Will there be a new street light? Who will be responsible for the cost incurred in this? g) ,Sul:) Lots' Who will lease out the sub lots? Wal Mart? Who sets the terms for these leases? Who benefits? Who will decide which, businesses will move into these lots in Kenai if Wal Mart is leasing them? h) Will Wal-Mart supply external security for the parking area? i) Wal-Mart typically demands and receives huge subsidies and tax breaks when moving into a new area. What type of subsidies have been promised from the city of Kenai? Results of studies on Wal-Mart Corporation 1-A Congressional Report found that a 200-employee Wa! Mart costs federal tax payers $420,000 a year, an average of $2,103 per employee. That adds up to an annual welfare bill of $2.5 billion for Wai Mart's 1.2 million U.S. workers. Chapel Hill Herald, July 30, 2005 2- More than one million jobs have been outsourced to China since 1990, leaving families and communities devastated. PB$ Frontlino, 2004 3- Wal-Mart estimates it imports $15 billion in Chinese goods every year and concedes that the figure could be higher- some estimates range as high as $20 or $30 billion. PBS Frontline, 2004 4-Industry analyst, Retail Forward, predicted that for every new Supercenter that Wal-Mart opens, two local supermarkets will close. We only have 3 supermarkets Business Week, 10/06/03 in Kenai. 5- Wal-Mart has received more than $1 billion in taxpayer- funded subsidies from state and local communities. Good Jobs First, May 2004 6- One study found that local businesses spend 53% of their revenues within the local and state economies, whereas big box stores like Wal-Mart spend just 14% within the local economy. Institute for Local Self-Reliance, 9/03 7-A study of the impact of WaI-Mart's growth found that over ten years 7,326 iowa businesses closed, including' 555 grocery stores, 298 hardware stores, 293 building suppliers, 161 variety stores, 158 women's stores and 116 pharmacies. Dr. Kenneth Stone, IOwa State .University, 1995 8-A study of Wal-Mart's expansion in Iowa found that 84% of all sales came at the expense of existing businesses within the same county. National Trust for Historic Preservation, 1996 9-In California, Wal-Mart is facing a lawsuit filed on behalf of 115,919 current and former employees who were systematically and illegally denied meal breaks while working for the company. Bioomberg News, 9/19/05, Associated Press, 9/19/05 10-Wal-Mart (reportedly) paid $50 million to settle a lawsuit that involved 69,000 workers in Colorado who had allegedly been forced to work off the clock. In recent years, Wal-Mart has faced legal actions in over thirty states for overtime violations. New York Times, 11/19/04 11-On average, Costco pays its workers 65% more than Wal-Mart, yet earns more profits per employee. New York Times, 5/03/05; Business Week, 4/12/04 in conclusion I'd like to ask the Councilors of the City of Kenai to dO the only thing you can responsibly do and deny the permit to Wal-Mart. ! urge the Councilors to create a task force with diverse membership to study this permit and all the issues involved with it. Until a study has been done that includes a cost benefit analysis and a recommendation made that addresses the above concerns I feel it is not responsible to move ahead with the permit. Thank You Debbie McKay 55441 Chinook Rd. Kenai, AK 99611 (907)776-5745 debbiem@alaska.com 14.25.045 Site plan---Performance criteria. (a) Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. {c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots. Parking lots comply with KMC 14.20.250. referenced on the site plan shall (e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (Ords. 1191, 1886-2000) November 15, 2005 Dear Mayor Porter and Kenai City Council' We are excited that Wal Mart has chosen Kenai for a business location. We would encourage City Council to approve the lease application and not delay this project...one day. There is no better use for this land that has set vacant forever. Kenai needs retail. We want to be able to shop locally. Sincerely, tc./c.t t.,J pETITION TO THE KENAI PLANNING & ZONING COMMISSION & KENAI CITY COUNCIL REGARDING THE WALMART SUPERCENTER LEASE APPLICATION WE, THE UNDERSIGNED PETITIONERS, DO HE.BY REQUEST THAT THE COMMISSION AND COUNCIL POSTPONE ACTION ON TItE WALMART SUPERCENTER LEASE APPLICATION UNTIL TItE FOLLOWING OCCURS: 1. THE CITY ADMINISTRATION CONDUCTS A PUBLIC' MEETING, WITH A QUESTION AND ANSWER SESSION OPEN TO THE PUBLIC, AND PROVIDES ANSWERS TO THE PUBLIC'S QUESTIONS ABOUT THE WALMART LEASE APPLICATION AND PROPOSED LEASE. 2. THE CITY ADMINIST~TION RELEASES THE PROPOSED WALMART LEASE TO THE PUBLIC. WE OBJECT TO THE CITY OF KENAI'S SECRET NEGOTIATIONS OVER THE APPLICATION AND LEASE. WE OBJECT TO THE CITY OF ~NAI PUTTING THE WALMART APPLICATION AND LEASE ON THE FAST TRACK. ~NAI CITY RESIDENTS OWN THE PROPERTY INVOLVED, AND HAVE THE RIGHT TO BE FULLY INFORMED ABOUT TItE WALMART SUPERCENTER PROPOSAL, AND TO }lAVE MEAN~G~L INPUT INTO ltOW TttAT PROPERTY IS USED OR DISPOSED OF. WE CANNOT PROVIDE MEANINGFUL INPUT WITHOUT COMPLETE INFORMATION. THE COMMISSION AND COUNCIL CANNOT MAKE REASONED DECISIONS IN THE BEST INTERESTS OF CITY RESIDENTS WITHOUT TIME TO GATItER AND CONSIDER OBJECTIVE, COMPREHENS~ INFORMATION. ALL WALMART PLANS AND NEGOTIATIONS WITIt THE CITY OF I~NAI SHOULD BE OPEN AND TRANSPARENT. Agrium will work with industry partners to conduct a feasibility study to evaluate the potential use of coal gasification as a feedstock for the Kenai Nitrogen facility. Assuming the results of the study were positive, it would allow for the continued long term operation of the Kenai facility with a competitive Iow cost feedstock and provide a new source of power generation for Alaska. Coal mine and transportation system. World-scale gasifier. Traditional, coal-fired 355-megawatt power plant. Modifications to existing Agrium facilities. The project, which we refer to as Blue Sky, would use proven coal gasification technology to transform Beluga coal into feedstock for Agrium's Kenai Nitrogen Operation complex. Two gasifier trains would produce the hydrogen (H2), nitrogen (N2), steam and carbon dioxide (CO2) required to produce ammonia and urea. The integrated power plant would provide electricity for the entire complex and add 255 megawatts to the grid in Railbelt Alaska, an amount that is about what is currently provided by the Beluga power station. An estimated 6,000 metric tonnes of CO2 would be sold to Cook Inlet oil producers to recover an estimated 670 million barrels of oil through an Enhanced Oil Recovery (EOR) program. Retention of 230 direct jobs at Agrium' creation of 80 direct jobs with the coal gasification system; and more than 200 direct jobs for coal mining and transportation. The project would create or retain more than 2,000 direct and indirect jobs and support more than 2,000 construction jobs. The project could be completed and ready for production by 2011. Alaska's largest, value-added business and the nation's second largest fertilizer complex. Located at tidewater 10 miles north of Kenai, the complex consists of two ammonia plants and two urea plants with a combined annual net production capacity of 700,000 metric tonnes of anhydrous ammonia and 1.1 million metric tonnes of urea. Located about 60 miles southwest of Anchorage, the Beluga Coal Field contains more than 2 billion tons of proven reserves, making it the world's largest, Iow-sulfur coal field located on year-round open tidewater. Coal Mine N2 Coal via Markets barge Feedstock ".'" Power d riutn MEDIA ANNOUNCEMENT Agrium to explore alternative feedstock for Kenai Nitrogen_ Operations MA05-003 Date' November 16, 2005 Contact; Bill Boycott, General Manager Agrium Kenai Nitrogen Operations Phone (907) 776-3089 Lisa Parker Government & Public Relations . Phone (907) 776-3275 Contact us at: www. agrium.com KENAI, Alaska - Agrium U.S. Inc. (TSX and NYSE: AGu) announced today that in conjunction with industry partners it Would conduct a feasibility study to evaluate the potential use of coal gasification as a feedstock for the Kenai Nitrogen facility. The proposed gasification plant would use local low-sulphur coal to produce the feedstock needed for ammonia and urea produCtion. It would also produce a significant amount of energy that could be sold into the Alaska power grid. "We belieVe this proposal contains a lot of merit," said Bill Boycott, General Manager, Agrium Kenai Nitrogen Operations. "We plan on working, with a number of partners to evaluate the potential to commercialize one of Alaska's largest natural resources in an environmentally responsible manner. This project would create an off-take gas agreement opportunity for Agrium and generate another source of comPetitively priced electricity into the power grid, if it were to proceed to completion. It would also provide excess CO2 for use in the exploration of oil and gas and keep Alaska's largest value-added industry in business for decades to come." Boycott said the company has been working with the U.S. Department of Energy and Alaska's Congressional Delegation. Senators Ted Stevens and Lisa Murkowski have been very supportive of the project. Other partners in the study include Usibelli Coal Mine and the engineering firms Black & Veatch and Uhde. Agrium is in diScussion with Shell for its proprietary coal gasification tec~.hnology. The coal Would be sourced from the Beluga Coal Field, located about 40 miles across Cook Inlet from the Agrium plant. The field contains more than two billion tons of proven reserves, making it one of the world's largest low-sulfur coalfields. The project name, Blue Sky, is in reference to the new environmentally friendly coal gasification process. Agrium's Kenai operations consist of two ammonia plants and two urea plants. The facility could produce over 1.5 million product tonnes if it were to operate at full capacity. The project could retain 230 direct jobs at Agrium and create additional jobs at the coal gasification facility and related coal mine. The gasification facility could be in operation as early as 2011 if results from the analysis were positive. Agrium is a leading global producer and marketer of agricultural nutrients, and industrial products and a major retail supplier of agricultural products and services in both North and South America. Agrium produces and markets three primary groups of nutrients: nitrogen, phosphate and potash as well as controlled release fertilizers and micronutrients. Agrium's strategy is to grow through acquisitions as well as the development, commercialization and marketing of new products and international opportunities. Certain statements in this release constitute forward-looking statements. Such forward-looking statements involve known and unknown risks and uncertainties, including those referred to in the management discussion and analysis section' of the Corporation's most recent annual report to shareholders, which may cause the. actual results, performance or achievements of the Corporation to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statement& A number of factors couM cause actual results to differ materially from those in the forward-looking statements, including, but not limited to, the ultimate economic and technical feasibility of the project, government policy, 'energy prices, the future supply, demand and price level for nitrogen, the futur, e gas prices and availability at Kenai, and future additional fertilizer capacity and operating rates. Agrium disclaims any intention or obligation to update or revise any forward-looking information as a result of new information or future events.. -30- g69g-g9~(/06) ¥:>'t S'¢-I¥ ' IYN'-:I),I SOIHdVI:IO ' StJOII:I~I.LNI · ONINNVld ' ~JtJI'J,LOIJ. IHOI:IV ,~'-., ~'- '- 7_-,7 ? .:"~,., ,-.,'~.. ~, ,':'~'~ 7=7 'g'~! S~"1¥ 'l'g'N ::1)1 :tSV'Hd N~DI$:~O S::::IOIAa::IS AliNnlNINOO ~I::IIINO~I-I w © 9 lDd 00TS ~afJas~ dH\OVHD\\ 'Nd 6£:0I:£ S00~/t,T/~~, '§Mp'~qetuacPS Ueld a~!S-dJ~-_c0'6l'0T\sa3~Macj/qlunwuJoD Ji)!]luoJj SgT0\sqo[ S000\S~'IIJ DNI~V'dO JDDfO~d\:D ~NS¥"I~ 'IYN~N :IS~Hd NglS:::IO OI.I.~IAI:::IHOS S~OIA~S A.I. iNI"IINIAIOO ~I~II.I. NO~I-I KENAI CITY COUNCIL MEETING JUNE 1, 2005 PAGE 2 Students representing the Aurora Borealis Charter School gave a brief presentation of their program created and performed at the International Robotics Competition earlier in the year. The topic for which they won their award was access of the disabled onto guide boats. Mayor Porter read a proclamation honoring the efforts of the students and their teachers. BREAK TAKEN: BACK TO ORDER: 7:15 P.M. 7:25 P.M. B-2. James Duff~ Frontier Community Services-- Mr. Duff stated his address as 259 West Rockwell, Soldotna. Duff offered a brief background of the services Frontier Community Services offer the Kenai Peninsula, noting they are the seventh largest employer on the Peninsula and the fourth largest employer of Soldotna. Duff explained, because of the growth of their organization, they are planning to build a facility to house all their administrative offices and would also like to include in the building a day care center for disabled children. Duff noted their interest in the city's donating a portion of property in the Mommsen Subdivision as a site. With the property, they then can apply for a USDA 40-year loan. City Manager Snow reported the property Duff identified is a 77-acre piece of property. She noted, the Senior Connection had also identified using a portion of the acreage for a site for an assisted living facility. Council requested administration to work with Mr. Duff in preparing a more detailed proposal to bring back to council for consideration. ITEM C: UNSCHEDULED PUBLIC COMMENTS Kristine Schmidt -- Schmidt noted the following: Commented on Item 5 and the possibility of corporate sponsorship and naming of buildings. Schmidt spoke in opposition to the possibility, asking whether this particular request would comply with a written policy, etc. · Asked if the Frontier Community Services proposal would fit within the Comprehensive Plan, whether placing a facility at that site would be compatible to the area, and suggested the facility would be better placed in downtown Kenai. Stated her disappointment the mil rate was not decreased. Requested cost-cutting efforts be made for next year's budget. A FUTURE i=RONT]:ER Frontier Community Services Building Project Carla Lindhartsen Director of Administration & Development Frontier Community Services 43335 K-Beach Road, #36 Soldotna, AK 99669 Introduction Frontier Community Services (FCS) is a non-profit organization, providing quality individualized support services for people of alleges, who are at risk of:, or experience a disabling condition. Since its conception FCS has grown from a small operation to. the seventh largest employer on the Kenai Peninsula and the fourth largest employer of $oldotna. FCS provided services to five hundred seventy (570) individuals in the past year and projects an increase to six hundred thirty three (633) consumers by the FY07. FCS employs approximately four hundred (400) people. VISION STATEMENT Zt is our belief that people are healthier and happier living in their own homes and communities. Based on that belief,, Frontier Community Services will advocate for the right of individuals with disabilities of all ages to live in the home and community of their choice. MISSION STATEMENT The mission of Frontier Community Services is ~o provide quality, individualized home and community based services for People of all ages who are at risk of, or experiencing a disabling condition, in order to minimize the need for institutional care. FCS will continue to develop as a sound quality human service organ/mt/on by; Providing services that are needed to support/nd/v/duals and families to live safely in the/east restrictive setting of their choice; Increasing affordable, access/b/e, res/dent/al, community housing options; Expanding service options/n order to support/nd/v/duals through ali stages of life; Promoting community awareness and understanding. Statement of Need In his article titled Call to Act/on to Improve the Health and We#ness of Persons with Disabi//~ies~ Surgeon General Richard Carmona states, "Today, 54 million Americans-more than one fifth of us are living with at least one disability." He goes on to say that these numbers will increase. "With the baby boom generation approaching later life, there will be increased numbers of persons with or at risk for a disability. The sheer numbers of persons with disabilities today and tomorrow mean that disability is an issue for the nation as a whole, not just for those of us concerned about public health." In order to promote accessible, comprehensive health care that enables persons with disabilities to have a full life in the community with integrated services Carmona states, "Persons with disabilities must have accessible, available and appropriate health care and wellness promotion services." In the 2001 Alaska Rental Health Trust Authority IN-Step Plan it states that the two themes reoccurring throughout the plan are the hope of prevention and the call for access to care. "They spotlight the need for Alaska's public behavioral health care system to expand its service capacity, recruit, and train workers and offer affordable care and services. Strategies supporting these themes stress collaboration and cooperation across the artificial clinical, administrative, and funding barriers that keep people from receiving integrated and comprehensive services." FCS is a multi program agency dedicated to providing quality services to our consumers. ]:n order to provide quality services, administrative and program support for our consumers and direct care staff is imperative. :l:n the current situation functional accommodations for FCS administrative and program staff is requisite. Currently FCS rents an entire building and three (3) suites in two (2) buildings of the Red Diamond Center, totaling thirteen thousand (13,000) square feet. With this arrangement our offices are located in three (3) locations. Above and beyond being inconvenient having offices spread over three (3) buildings, FCS has outgrown these spaces. In order to expand within the Red Diamond Center requires renovations which are both costly and time consuming. Agency History FCS began in 1981 as a grass roots operation through the efforts of parents with disabled children. Over its 25 year history, FCS has grown from a small vocational program to a multi program agency providing services in the Kenai Peninsula, Valdez and Wasiila. The agency consists of three program departments; Community Supports, Senior Services and Family Services. 'l'he Community Supports department serves individuals who experience developmental disabilities and children with complex medical conditions. The Community Supports Departments provides care coordination, residential habilitation services, supported employment services, day habilitation services and personal care services. The Senior Services Department serves individual who are considered older Alaskan's and adults with physical disabilities. The Senior Services department provides cam coordination, residential habilitation services and personal care assistance. Under the direction of the Senior Services department is the F-CS Consumer Directed Personal Care Assistance program, as well as the recently developed Agency Based Personal Care Assistance program. Th~ Family Services Department is a diverse department and oversees the FCS Early ]:ntervention/Infant Learning (E[/ILP) program, the F-CS .Mental Health program, FASD diagnostic clinic and the Kenai Healthy Families program. The E]:/ILP program provides services to families with infants and toddlers, age's birth to three (3) years, who experience developmental disabilities/delays, or who are at risk for such delays. Services include early intervention assessments, skill development for infants and respite services. The Mental Health program provides case management and flexible support for mentally ill consumers. Under the FASD program, F-CS provides a diagnostic clinic under a provider agreement with DHSS, as well as providing community prevention and education as part of the local "Collaboration Prevention Team" funded under the Comprehensive Behavioral Health Prevention and Early Intervention Services grant administered through the Central Peninsula General Hospital. The Family Services department administers the Healthy Families program for the central Kenai Peninsula. The Kenai Healthy Families program provides focus and direction in the delivery of services to at risk families. The program promotes positive parent-child relationships; healthy childhood growth and development, linkage to community resources based on parent's individual strengths and challenges, and reduces parent stress factors that may lead to child maltreatment. The FCS Board of Directors is a governance board consisting of a mix of both professionals and consumer family members. The senior administrative staff all have the appropriate qualifications, experience or training necessary to fulfill requirements of the positions they hold. Project Narrative FC$'s goal is to enter into a mutually beneficial arrangement with the City of Kenai by locating FCS'$ operations with in the Kenai city limits. The first step in achieving this goal is the development of an agency campus concept that would meet both the city's requirements and the agency's needs. FCS is currently working with local architect firm Kluge and Associates to design schematic and conceptual drawings. These plans will be presented to the Kenai city council in the hopes that the city will convey a 34 acre portion of city land parcel KN 'I'06N R12W S25 to FCS ~or construction of an agency campus. According to Kenai City Code 22.05.025 Conveyance to encourage new/ndustrial ontorpr/sos~ such an arrangement is possible. Once the land is conveyed FCS will pursue a loan from the USDA and grants from various funders including the Rasmuson Foundation, Denali Commission and the Alaska Mental Health Trust Authority. Construction will begin once funds are obtained. Construction of the agency campus will take place in three phases. The first stage will be the construction of an administration/program building, totaling 12,220 square feet, as well as a daycare/pmschool totaling 5,210 square feet. l'he daycare/preschool will provide services for children experiencing disabilities. Included in phase two, will be the construction of a building to accommodate the expansion of the day habilitation and vocational departments. F~ plans to expand opportunities for supported employment by increasing the capacity of the F~ laund~ service, janitorial crew and institute a small printing/copying business. A maintenance building is also included in this phase. Phase three is to develop specialty housing for a population experiencing disabling conditions, l'his phase would be ongoing. F-CS would build specialty homes as the demand for such housing increases. Timeline November 2005' FC$ will submit a request to the Kenai City Council for a land donation. November 2005' FCS will solicit consultation for a capital development plan with the Rasmuson Foundation, the Denali Commission and the Alaska Mental Health Trust. December 2005' FCS will submit a loan application the USDA. March 2006' FCS will launch a capital fundraising campaign. March 2006' FCS will apply for a design grant with the Rasmuson Foundation, Denali Commission and the Alaska Mental Health Trust. April 2006' FCS will apply for grants through various foundations, Trust and commissions. January 2007' FCS will enter into a contract with a general contractor for Phase One of the agency campus. .lanuary 2008' Phase One of agency campus will be completed. Budget Summary The total cost of the first phase Future Frontier project will be $6,000,000. F-CS intends to' obtain a loan for $2,500,000 from the USDA. Within the next year F-CS will launch a capital fundraising campaign to raise an estimated $700,000. FCS will seek an additional $2,800,000 from above mentioned funders. FCS's annual budget is approximately $12,000,000. With rising cost of construction it is impossible to accurately estimate the cost of Phase two and three of Future Frontier. FCS will determine cost and pursue funding as the timelines grow nearer. Funding Strategy The FC_,S budget allows for the cost of the mortgage that will be due from the loan with the USDA. FCS currently pays rent in excess of $9,000 per month. 'l'he funds for these expenses are obtained through Medicaid fees for service and Department of Health and Social Services program operating grants. Revisions: PHASE KEY P~E1 P~E2 P~E3 crrY WATER UNE ,, G~[.T.E PLAN $CN.E FRONT SUBJECT PARCEL APPROX. 34. ACERS. I'RNL ACCESS FROM II I SENIOR PROJECT .~ PHASE 1 crIY WATER UNE CllY SEWER LINE L~-~~' ~ Nov 08, 2005 ~: CFP c~: Bill Kluge ~ 0185 SITE PLAN A1 1 of 6 DAY-NAB Revisions: " pAmm (~o) PAmaNG PAmaNO (24) i .TOT~. , ~ ~.z~, Nov 08, 200~ Bill Kluge 0185 I ENLARGED SITE PLAN I Sheet: A2 C4~I~RIGHT KLUG~ & ASSOCIATES I 2 of 6 CSCHEMATIC ADMINISTRATION FLOOR PLAN Revisions: ©i LU O~ ~=: O~ ii ~ Nov 08, 20051 I~,,.: CFP ~: Bill Kluge ii ADMINISTRATION FLOOR PLAN 3 of 6 ) NORTH ADMINISTRATION ELEVATION '~:~ ~ ..~' '~' '--~,t~.~.'~ .~ G,WEST ADMINISTRATION ELEVATION I¥;,~:;~ ~ ' ~ : r ~ ~ ; i :i~i~,~ ,~:ii!~ii::;i'J I t I 1 11 lUl i I I 1.'--1 l--I.:.:._-_~ii:l:;:l;;;~,,~ ....... ~;~1 ~ QSOUTH ADMINISTRATION ELEVATION '~,~,cAST ADMINISTRATION ELEVATION · ~ Revisions: · z o z LU Io~m~: CFP Cheeaed: Bill Kluge ~ 0185 File NIiN: ADMINISTRATION ELEVATIONS I 4 of 6 Revisions: CLEAR STORY WINDOWS ABOVE MECH, 20'2'x 6'7' INFANT 18' X 25' 44O SF. TODDLEE 31' X 23' 558 SF. !' 7' X 19' 10' X 10' OBSRV. PLAY AREA 15'6' X 8' OFFICE 10' X 10' COFFEE & RECEPTION EDUCATOR SCHEMATIC DAYCARE FLOOR PLAN,G ~,,c ror,~ s~r.= ~.~o PRESCHOOL 30' X 26' 6' 582 SF. o z I.U Nov 08, 2005 la.m: CFP ca..:a.e: Bill Kluge ~ 0185 II III DAYCARE FLOOR PLAN ' 5 et 6 Revisions: /~ ASPHUL~ C0MPOSll'ION SH~NC, LE (NORTH DAYCARE ELEVATION 22 GA. ~'REF1NISHED METAL COLUMN WRAPS AND FASCIA Q.E~AST DAYCARE ELEVATION (SOUTH DAYCARE ELEVATION ~,. ,?.-~,. .... -._.~ QWEST DAYCARE ELEVATION GRAPt~ 5 NA[URAL ALUMINUM STORE FRONI' EIFS '~----22 rCA. NATRAL G.I. fLUSH P~EL WETAL S101N43 EIFS TO UAl'CH SIDING COLOR uJ LU~ UJm iii ~: Nov 08. 2005 b,~,,,: CFP che~ea: Bill Kluge F'mJ~: 0185 File Nm~e: iDAYCARE ELEVATIONS 6 of 6 210 Fidalgo Avenue. Kenai, Alaska 99611-7794 Telephone: 907~283-3692 / FAX: 907-283-3693 KENAI. ALASKA MEMORANDUM To: Charles M. Kopp, Acting City Manager ,,,~, From: Robert J. Frates, Parks & Recreation Direetof~ Date: November 8, 2005 RE: Kenai Kennel Club The Kenai Kennel Club has an interest in constructing a dog park located in Sect. 36 (Fire Wise site). At the last regular Parks & Recreation Commission meeting of November 2, 2005, the Commission was in favor of this request and forwarded a recommendation to the Kenai City Council that the City enter into an agreement for such use. The following attachments are included: Attachment "A" is a location map; Attachment "B" indicates the property requested; Attachment "C" indicates subject property in relation to the overall outdoor sports complex conceptual plan. A representative (Rhonda Ogelsby) from the Kenai Kennel Club would like to speak to this at the November 16~ City Council meeting. I requested she forward a site plan along with park guidelines to be included in the packet and be prepared to discuss how the park would be constructed and managed once completed. It is my understanding that the club is willing to front all construction costs and be responsible for all maintenance. If approved by Council, two things must occur: 1) The Fire Wise sight would need to be moved to a different location. One thought is possibly the Borough's Transfer Site in Kenai, hOwever, details would need to be worked out with the Kenai Peninsula Borough; 2) The property (parcel g4301033) would need to be rezoned from Rural Residential to Recreation. The property was earlier declared needed for a public purpose, effective November 20, 2004. Attachments Kenai Kennel Club Dog Park Some of the many benefits of enclosed do.q runs/do~ parks include' 1. Provides a way for the elderly, sick, and disabled dog owners to exercise their pets. For many dog owners, a dog park may provide the only opportunity for owners to socialize with other people and their dogs. 2. Provides a way for dog owners living in apartments or homes with small yards to legally play ball or Frisbee with their dogs or just let them roll in the grass! . 3. Makes a dog a better pet and neighbor because an exercised and well socialized dog is less likely to bark excessively, destroy property, or become aggressive. 4. Creates a greater sense of community by bringing people of all ages and from all walks of life together with a common interest. 5. Enclosed play areas prevent off-leash dogs from infringing on the rights of other community residents and park users such as joggers, small children, and those who may be fearful of dogs. 6. By their mere presence, groups of dog owners (and their dogs) help deter cdme, and frequently act as the eyes and ears for the police. About the Kenai Kennel Club The Kenai Kennel Club was formed in April, 1970 to educate the public for the betterment of purebred dogs. We are a non-profit organization and licensed by the American Kennel Club to hold dog shows, obedience trials, agility trials and rally trials throughout the year. Our foremost goal is to educate the public on purebred dogs and dogs in general. We hold classes several days a week in beginning obedience, family dog, rally, conformation, agility, junior showmanship and puppy kindergarten. We participate in many events such as the 4th of July Parade in Kenai and the Ninilchik Fair. Our current shows and trials include: A conformation show in January with the Alaska Kennel Club which is held at the Egan Convention Center. Them am approximately 450-500 dogs entered each of two days. In February we hold a. two day agility trial in Wasilla in a home barn with about 125 dogs enterod each day. In July we hold our biggest shows/trials. They are currently being held at Skyview High School. Them am approximately 700 dogs enterod in throe days of various events. We have parking for over 100 motorhomes and other entrants stay at many area hotels and campgrounds. Our judges come from all over the U.S. and Canada and stay in Kenai hotels. Many of the judges stay extra days to fish and tour the area and bring their families. They always say how much they like the ama and would like to come back. We am currently about as big as we can get as we have no place to grow. Over Labor Day weekend we hold a three day agility trial in Kenai with over 125 dogs entered each day. Entrants stay in motorhomes and local hotels. Infrastructure _ 'the first phase will consist of a 300'x300'x5' fenced grassed dog park divided into large dog and nail dog areas. Them will be parking on the adjacent mound ama as well as a few handicapped parking spaces close to the fenced area. Them will be receptacles for trash and poop Them will be poop bags provided. ' Eventually we would like to develop ski-jodng and walking trails and add landscaping benches, picnic tables and shelters. ' Maintenance _ We will maintain the park to include mowing, and watering the grass areas. Emptying the trash and scooping the poop. We plan on patrolling the area once a week to start and adjusting patrols as needed. 1. Patrons will use the park at their own risk. 2. Dog's owner/handler is responsible for the actions and behavior of their dogs at all times. 3. Puppies and dogs must be properly inoculated, be healthy (have no contagious conditions or diseases), and be parasite-frae (both internally and externally). 4. To help prevent dog fights, owners are encouraged to inquire about any dogs already in the run which are unfamiliar to them, prior to entering the run. Observing dogs' body language is also recommended 5. No dogs known to be aggressive towards other dogs or people (or exhibiting any threatening behavior) may enter the run. 6. Owners must clean up after their dogs. 7. Owners am asked to closely supervise their dogs, and at no time should an owner leave the run without their dog(s). 8. Parents must refrain from bringing toddlers and small children into the run. Parents are strongly discouraged from bringing children less than 12 yea.rs of age. Children should at no time be allowed to run with or chase after dogs in the dog run. . 9. For safety masons, please remove pinch (prong) and spike collars from your dog prior to entering the dog run. Many dogs and puppies have been injured by playing with another dog who was wearing a pinch collar. A basic fiat buckle collar (with city license, Rabies and identification tags) is recommended. 10. AIl dogs must be under the control of an adult and them is a limit of 3 dogs per adult in the Park at any time. 11. While small, bite sized training treats are permitted, glass containers, food in bowls, long lasting chews and human food am not allowed. .. I- 1'-; OI Suggested by: CITY OF KENAI ORDIN~CE NO. 2131-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN~, ALASKA INCREASING ESTIMATED REVEN~S AND APPROPRIATIONS BY $1,300 IN THE GENERAL FUND FOR THE STAYING CONNECTED GRANT. WHEREAS, the Kenai Community Library has been awarded the Staying Connected Grant from the State of Alaska; and, WHEREAS, the grant is to be used for computer hardware and software purchases; and, WHEREAS, the library needs to replace a public use computer and printer. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants $1,300.00 Increase Appropriations' Library- Small Tools $1,300.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of November, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance' (10/21/2005) hl Introduced: November 2, 2005 Adopted: November 16, 2005 Effective: November 16, 2005 HARDWARE AND SOFTWARE ENHANCE~~ GRANT GRANT AGREE~LENT PAGE 2 Ao Whereas, the State of Alaska has received funds from the Bill and Melinda Gates Foundation and has provided matching funds for Staying Connected grants; and Whereas, the application of the Grantee for a Staying Connected ~ant has been approved. NOW THEREFORE, for and in consideration of the mutual covenants herein contain_ed the parties hereto a~ee as follows: The Alaska State Library agrees to' 1. Furnish funds in the amount of $1,300. B. The Grantee Library, (insert Library Name) Kenai Community Library __ agrees to: 1. Abide by the conditions set forth in the application and approved by the Alaska State Library. 2. Notify the Alaska State Library of any significant changes to the list of hardware and software proposed on the application during the grant period. 3. Expend '-all grant funds by June 30, 2006. 4. Submit a Final Report for the grant on October 2, 2006. 5. Maintain accurate records for auditing purposes. 6. Credit the Bill and Melinda Gates Foundation and the Alaska State Library in all publicity and advertising concerning the impact of this grant project. The source of funding for this agreement is as follows: FY2006 State Sources $1, oo By accepting this award or agreement, the grantee may become subject to the audit requirements of State of Alaska Administrative code 2 AAC 45.010. As a result, the grantee may be required to provide for an audit and to permit independent auditors to have access to their records and financial statements. The grantee should consult with an independent auditor for assistance in determining audit requirements for each fiscal year. The undersigned understands and agrees to the conditions of this agreement. Note: Grant agreement MUST have both signatures For the Library: Linda McNair 'Prin~r Type Nam~~.~ ~ -- Signature . .) - Title Date - For the Legal Entity: Print or ~rype Name Signature Date Questions? Contact Nina Malyshev, 800.776.6566 Return form to: Staying Connected Program, Alaska State la'brary, 344 West Third Avenue, Suite 125, Anchorage, AK 99501 PLEASE PHOTOCOPY BOTH PAGES OF THIS FORM FOR YOUR RECORDS! · STAYING CONNECTED GRANT PROGRAM HARDWARE AND SOFTWA~ ENHANCEMENT GRANT APPLICATION PAGE 1 DUE: October 31, 2005 Library Name' Kenai Community LSb~ary 2. Address' 163 Ma~n Street Loop City' Kenai AK Zip: 99611 3. Contact Person: Cynthia Gibson 4 Phone No' _907 283-4378 5. Fax No: 907 283-2266 6 E-mail' cgibson@ci, kenai, ak.us , , o Warrant Mailing Address: 163 Main Street Loo~. K~na~ AW qqfil 1 List the hardware and/or software you plan to purchase with the Staying Connected grant and the estimated cost. Your purchases should add up to at least $1,300. Hardware/Software Description: 1 Dell OptiPlexGX 520 PC computer and monitor 1 HP Deskjet DJ6122 Printer 1 Time Limit Mgr. 25 CPU License i TOTAL: Estimated Cost 161 _ftC} 159.95 120.00 $1420.95 , Briefly describe how this hardware and/or software will enhance public access computing in your library. The computer and printer will replace an aging computer and printer used for public word processing. Both are no longer covered by warranties. They are used on a daily basis by the public to produce resumes, reports, letter, signs, and court documents. ~he Time Limit Mgr. program will promote fair and effi- cient use of our public internet access computers. . . , · Suggested by: Admini ........ CITY OF KENAI ORDINANCE NO. 2132-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 IN THE GENERAL FUND FOR A DONATION MADE BY TESORO PETROLEUM CO. TO BE USED FOR THE TOWN CLOCK. WHEREAS, Tesoro Petroleum Company has graciously donated $5,000 toward the Town Clock; and, WHEREAS, the City accepts this donation for the Town Clock project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows' General Fund Estimated Revenues: Donations $5,000 Appropriations: Beautification - Improvements $5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of November 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (10 / 26 / 2005) hi Introduced: November 2, 2005 Adopted: November 16, 2005 Effective: November 15, 2005 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ~' Telephone: (907)283-7535, Ext. 236/FAX: (907)283-3014'1111' KENAI. ALASKA MEMORANDUM TO: FROM: DATE: SUBJECT: Charles M. Kopp, Acting City Manager Keith Kornelis, Public Works Manager November 16, 2005 Set Net Drive LID- VIP Drive to Watergate Way For Council Meeting 11/16105 25% LIMIT As I mentioned in my memo of September 8, 2005, the City needs to decide how to handle the three properties that owe more money to the LID then we can charge them. KMC 16.05.010 (b) states, "No assessments shall be levied in excess of twenty-five (25%) percent of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed..." What should be used for fair market value? An appraisal could be used to determine the fair market value, but who would pay for that? KPB is usually below fair market value and I have used that for the initial comparison. Them are three properties where 25% of the KPB assessed value is lower than what the property owner should pay for their share of the LID. This amounts to $18,223 ($6,106 +$5,152+$6,965). If the KPB assessed value is used, who will have to pay the extra $18,2237 Some options the City could take include: 1. City pays the extra $18,223 with grant funds (or GF). . Council approves a slight change in policy to allocate costs on square foot basis plus a_.Bn extra char,qe for the ~;18,223 to other eight property owners. 3. City decides not to do the project. 4. Council changes KMC to do away with the 25% limit. Charles M. Kopp Memo Page 2 November 16, 2005 CORNER LOTS There is no provision in the KMC for a reduction in assessed costs for a corner lot (that already has a paved road on one side of the lot). Set Net Drive LID has a total cost estimate of $220,000. The $110,000 that the property owners pay can be spread to each property owner however the Council wants. KMC 16.05.100 Method of Assessment states' "Except as otherwise provided by law, ordinance, or by Council-approved policy for a particular local improvement district cost will be allocated on a square footage basis." The property owner could recommend to Council how to allocate the $110,000 they owe. Schooner Circle LID property owners did recommend giving a corner lot owner a cost reduction that the other property owners picked up. Financially, it makes no difference how the City gets its $110,000 from the property owners. Note' The $220,000 project cost is a rough estimate, and the actual assessed cost will be actual cost at the end of the project. S TN T DRIV LID ~ 22 ~ 20 ~7 15 DRISKILL 15 JOHNSON 740 2 AASE 745 3 BURCH 11 ,,, 10 14 (3) ~ 5 6B 10 75O (3) 740 730 (2) 540 510 MEMORANDUM To' From: Date: Subject: Chuck Kopp, Acting City Manager Larry Semmens, Finance Director A~ November 10, 2005 Set Net LID Council tabled Resolution 2005-48 awaiting further information from us. There is a policy issue that needs to be decided due to the fact that three of the benefited properties are raw land with assessed values that will not allow the full assessment to be charged on. This is due to our code provision that the assessment not exceed 25% of the fair market value after giving consideration to the value of the improvement. We have discussed some options for addressing this situation, but I think we should wait to get Keith Komelis' comments prior to moving forward on this project. I recommend that the council postpone action on Resolution 2005-48 until we have time to work up options and make a recommendation. CITY OF KENAI RESOLUTION NO. 2005-48 Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE PROJECT ENTITLED "SET NET'DRIVE (FROM VIP DRIVE TO WATERGATE WAY)" AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT. WHEREAS, the Council directs the City Administration to continue with this project; and, WHEREAS, the following is a list of major improvements that are scheduled to be completed under this project: . 2. 3. 4. Excavation, backfill, and grading Asphalt paving Topsoil and seeding Signage and traffic control; and, WHEREAS, the Council finds the improvements are necessary and of benefit to the properties to be assessed; and, WHEREAS, the local improvement district costs will be allocated on a square footage basis extending one lot deep adjacent to improvements in this subdivided area; and, WHEREAS, the project is not objected to by owners of properties bearing fifty (50%} percent or more of the estimated costs to be borne by property owners; and, WHEREAS, an account will be kept of all costs of the improvements and that after all costs are known, the City Manager shall prepare an assessment roll for the improvements; and, WHEREAS, all of the above improvements will be done in this area but only fifty percent (50%) of the total completed improvements will be assessed to the benefited property owners; and, WHEREAS, this resolution will be mailed to each property owner adjacent to the streets designated for improvements; and, WHEREAS, the property owner's name and address used will be that which is on record at the Kenai Peninsula Borough on this date, November 2, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City will continue with the project entitled "Set Net Drive (from VIP Drive to Watergate Way) and the improvements listed above. Resolution No. 2005-48 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk clf · Approved by Finance: ,~ Set Net Drive - from VIP to Watergate PRELIMINARY ASSESSMENT ROLL (Pre-Bid) ~::=-"Based on property owners paying proportionally based on square footage******* Below costs are estimates - final cost will be based on the actual cost of the project. # IOWNER 1. DriskJIi 2 Johnson Whannell Durkee Chapman Bingham Smith Hoogland Leighty Burch ¥O~AL Administration Properties to be assessed: See Property Owners Spread Sheet ' Property ' ACRE Square Feet ! Ass. $ ! Ass. $ / 0.92 4o,o75t | O.98 42,689 Address 750 SET NET DR 1740 SET NET DR !2560 SEINE CT :620 SET NET DR 610 SET NET DR 2600 WATERGATE 615 SET NET DR 2705 SEINE ST 735 SET NET DR 745 SET NET DR 755 SET NET DR 0.92 1.02 1.09 1.37 1.08 1.11 11.53 46,174 40,075 46,174 44,431 40,075 47,480 59,677: 47,045 48,352 502,247 25% KPB % of Total ~.079792{ 184,200 ! 0.0849961 137,100 0.091934 153,400 0.0797921220,500 55,125 0.091934 201,300 50,325 0.088465 14,500 3,625 0.079792 14,500 3,625 116,200 0.094536 46,050 14,500! 34,275 38,350 29,050 ! 100% of UD~ '" 50% of L/D Est. $ ,{ Est.$ Owner 17,554] 8,777 18,699 9,350 20,225 17,554 20,?_25 19,462 17,554 3,625 20,798 0.118820 173,900 43,475 26,141 0.093669 200,200 50,050 20,607 0.096271 1.000000 21,180 220,000 10,113 I '8,777 ~o,~3 9,7" It 10,,. 13,070 10,304 10,590 110,000 Engineering Construction TOTAL 3,000 31,000 186,000 220,000 1 Muni Match Grant (50%) 110,000 Property Owners (50%) TOTAL 110,000 220,000 Prepared by Keith Kornelis 9/8/2005 ' ' Set Net DriVe - From VII:; to Watergate ' PRELIMINARY COST ESTIMATE 8/10/05 KK Units Est. Quantity Unit Price I Total Clearing & Crubbing LS I 1,000 I 1,000 Unusable Excavation I CY . 580 8 I 4,640 Type I Classified Fill & Backfill ! CY 1,000 10 ! 10,000 Leveling Course SY 3,800 5 t 19,000 , , , Construct Road Approach EA 4 750 t 3,000 Construct Ddveway Approach EA 11 500 5,500 2 "AC Pavement SY 3,500 15 52,500 , Reconstruct Ditches LF 2600 4 10,400 Dr..a. inage Improvements LS 1 3,000 3,000 Culverts LF 154 26 i 4,004 c...M. P End Section EA 22 242 I 5,324 T .0Psoil .. MSF 25 250! 6,250 Seeding MSF 25 100'1 2,500 f , Remove & Relocate Signs EA 6 100 ! 600 Traffic Maintenance LS I 2,000 I '2,000 Existing Utilities in Const. Zone LS I 5,000 t 5,000 Mobiliazation & Demobilization LS . I 10,000 i 10,000 Fome Account Work LS I 10,000 i 10,000 e~'$ic Bid Co. ntingency (20%) i 154, 718 = 30,944 ' i ' Basic Bid Plus Cont. 185,662 BASIC ESTIMATE Administration 3,000 3,000 Engineering DeSign (10%) 18,566 ' 19,000 , Inspection (7%) 12,996 12,000 Construction 185,662 ' 186,000 ' i TOTAL , 220,22.4 J 220,000 '" Prepared by Keith Kornelis 9/7/2005 Page 1 Carol Freas From: Sent: To: Cc: Subject: Joe and Ruby Cobus [jrcobus@gci.net] Thursday, October 27, 2005 12:24 PM Carol Freas jrcobus@gci.net Proposed Assessment Proposed .Assessment.txt October 27,2005 Carol L Freos City Clerk City of Kenoi Dear Carol Freos: I, Ruby E. tabus (Binghom), The owner of Parcel No 4941037, wish to voice my objection to the proposed assessment for the paving of Set Net Drive, from VIP Drive to Wote~gate Way. I feel that this is unfair to bose on assessment on the square footage of the owners property! I hove never heard of this method of assessment. Usually assessments are based proportionally on the frontage of property that faces the street. The parcel of property mentioned above faces Watergate Way. The address of the property is 2600 Wote~gate Way. Three times os much of the property faces Wotergate Way os faces Set Net Drive. I om being assessed os though all of the property faced Set Net I~rive! I also own the pm'cel next to this one, on which my home is located. That address is 2610 Watergate Way. If, in some distant future, I decided to build a home on the parcel, whose side is on Set Net Drive, the entrance to the property would be from Wote~gate Way. A second objection I have to this assessment is that consideration is not based on whethe~ the 5et Net property is raw land or o residence. Third, assessed value of the property played no part in the assessment. Hence, a property valued at $220,500. is assessed less than property assessed at $14,500. This assessment is extremely skewed. I do not now, nor will ~ ever enter my property from Set Net Drive. It's future paving is of little importance to me, as Z; never use that street. If those home owners that use Set Net Drive os the entrance street to their hom~ wish to have the street paved, th~ it should be at their' expose. Owner of Parcel No 4941037 Ruby E. Cobus TO: Carol Freas FROM' Jeff Whannell DATE: 11/13/05 I am writing this letter to advise you of my response to the proposed assessment district of Set Net Drive. I am the owner of 2560 Seine Court, parcel number 4941023 on the corner of Set Net Drive and Seine Court. I was advised that this matter was tabled at the last public hearing, and that some concerns had been raised about how the assessment was to be calculated. I wish to provide notice that I do not support the formation of the assessment district in any form, and I am content with the gravel road that is now there. At this time, I do not wish to incur any more debt, especially to pay for paving of an existing road that is adequate for my needs. The paving of Set Net Drive would go by the side of my property on which there is no access to my property. As I have a corner lot, I do not wish to incur a portion of the costs of paving Set Net Drive, and then possibly incur a portion of the future costs of the paving of Seine Court where my driveway is, when those neighbors choose to upgrade. Sincerely, .~ ./~ Jeff Whannell 2560 Seine Court Kenai, AK 99611 16.05.030 Requirements of petition. The petition shall include a description of the proposed improvements. Unless all benefited proper- ty owners' signatures are required by virtue of KMC 16.05.010, the petition shall be signed by the owners of fifty percent (50~%_~ or more of the properties w~hich _will be benefited by the proposed improve- me.J;. No_~pmPerty owner may withdraw hi____.__~s appmv-_ ~provement for a period of six_, (..6.) .~m onlha-agte..r_th_e_ .petiti..o....n....~..~e..n....~_l_e.~ ,,...__~._. ess authorized by Council. (Ords. 791,868) Suggested by: ( CITY OF K~N~ RESOLUTION NO. 2005-49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING INTEGRATION OF THE HALIBUT CHARTER FISHERY INTO THE EXISTING COMMERCIAL IFQ SYSTEM. WHEREAS, the sport halibut charter is an important part of the growth of the tourism industry in the City of Kenai; and, WHEREAS, the proposed Halibut Charter IFQ plan is not based on any biological need; and, WHEREAS, the proposed rule to integrate the sport halibut charters in the commercial IFQ system transfers ownership of a resource to the private sector that traditionally belonged to 'the public; and, WHEREAS, encouraging new entrants in the charter business in turn encourages competition and diversity in the fleet; and, WHEREAS, the implementation and allocation of the Halibut Charter IFQ will significantly reduce the number of charter operations in Kenai, thereby reducing tourism revenue and taxable earnings proportionately within our community; and, WHEREAS, the proposed management plan will not meet the needs of the current fleet and catch and effort statistics from the International Pacific Halibut Commission and sport fishing license sales records from the State of Alaska Department of Fish & Game show the growth in the sport halibut fishery is flat or has increased less than one percent (1%) per year; and, WHEREAS, the negative financial impacts resulting from the implementation of the Halibut Charter IFQ will have a damaging effect on the economic infrastructure of Kenai, including direct losses to business tax revenues. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1' The proposed halibut charter IFQ plan would present a significant barrier to free enterprise; and, Section 2: When an area needs management for the conservation of the halibut resource, we encourage that community to turn to "Local Area Management Plans" {I-,AMPSI in order to address the unique situation of that particular fleet; and, Section 3' The proposed Charter IFQ plan will impair services to the public and stifle incentive for new charter operators. Resolution No. 2005-49 Page 2 of 2 Section 4: The Kenai City Council would support a management plan that is equitable to all existing charter operators and include provisions for new entrants. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of November, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Mr. Ri cky Gease KRSA 224 Kenai Ave, Ste 102 Soldoma, AK 99669 October 24, 2005 Dear Kicky, The Alaska Charter Association would appreciate it if the Soldotna CiB, Co,,.mcil ~d Chmnber ~.d *~e Kenai CiB, Co,,.mei and Chamber took a position against the Halibut Clmrter ~'Q proposal. Thank you, Donna C. Bondioli PO Box 66 Homer, AK 99603 907-23 5-4114 ). ~onna Bondioli ?resident of Homer Chamber of Commerce .)artner in a Charter Business ~laska Charter Association ~O Box 66 :tomer AK 99603 ~'07-235-4 i i 4 tshtikan~ptialaska, net )ctober 5, 2005 )PPOSING THE HALIBUT CHARTER IFQ I'm Donna Bondioli, President of the Homer Chamber of Commerce, Charter partner tnd member of Alaska Charter Association. The Homer Chamber of Commerce, Homer '~i ° ° ° ~ ty Counml, Kodiak Convennon and Visitors Bureau Valdez City Council, Whittier !hamber of Commerce, Whither City Council, Gustavus City Council, Sitka Chamber of ~ommerce and Sitka Visitors C- enter~ have all written resolutions or letters in o~osition o the Halibut Charter IFQ because of the potential negative effects on the local' ~conomy. t~akutat's resolutions are forthcoming. The Alaska Travel Industry Association surveyed heir members in May and 60% of the respondents were personally opposed to the IFQ. ~t the Anchorage Sportsman Show, 584 Alaskans signed a petition against the ~'Q ~roposal. An additional 103 Alaskazts signed letters in opposition to the IFQ. ;7% of the visitor inquiries to Homer Chamber of Commerce over the past 14 months tare specifically requested/nformation on fishing and 27% for activities wkich includes ishing. Hal/b,at Fis ,hing is the mai.n~tre~.m of o,,_~ economy ;m Homer- after al!, it is "The talibut Capital of the World". Our Hal/but Derby nets ab'out $70,000 a year for our ,'hamber of Commerce. :he ADF&G website lists 88 Guide businesses in Homer through October 31, 2004. .)nly 31 of them would fully qualify., 27 businesses would get partial IFQ, 9 are unknown ,usmesses and the others would not qualify and would have to purchase quota to ,,,.,,, ,,., ,.,,. ,..,,,.o,.,, a,,, ,. ,,,,,m,,,,.s ~,,,,o,"'--+ of. ,, ~,,, ~,- n,,,,+o -,,~,s,-"~""° *.,,..- r,,,.,,, ~. 1, fl.~,,, ,,,~ rmfl for, .oats taking only 187 clients per year to $456,000 for boats taking 600 clients a year- alculated from Fish and Game estimates at a 19 lb average for a fish and paying $15-$20 > for quota. With the slim profit margin of charters, most skippers (unless they are fully .ualified), will not be able to borrow $200400,000 to purchase quota. One Homer 2harter skipper,- who took over 635 ¢lients~ shared his Profit and Loss sheet from 2004, [e grossed $125,000 and paid out $33,000 in fuel for 112 trips. Note that without epreciation expense, and interest only, no principle, on h/s boat payment, th/s skipper etted about $17,000. 1998 and 1998 were his bmld/ng years so he estimates he would et about 40% quota, it would actually cost him about $400,000 to continue business. ~ased on his profit and loss sheet, would you loan him $400,000 to stay in business? 'his skipper falls in that category bf 27 businesses who would partially qualify, but robably not stay in business. If 30-50% of our Charters go out of business, Homer's economy would suffer because of its dependence on tourism. The skipper described above directly spent $108,000 for business expenses, most of it in Homer. Ed Hay, one of our clients, planned his vacation around their Halibut fishing trip in Homer. From July 6th through the 18th this couple spent $ !0,! !2.00 on their ~ip in A~ka. AX least 6 other fishermen have s~t the Nort, ~ Council letters showing that their expenditures ranged from $3500.00 to $10,000.00 in /he Homer area. This is an economic engine for our area. if only 6~% of this skipper's clients spent $5,000, the economy would benefit by almost 2 million dollars. The American Sportfishing Association 2003 State Overview shows that the Multiplier effect of Saltwater Sportfishing in Alaska was almost $400 m/Ilion dollars, the communities as per the Magnuson Stevens Act and increased recreational fishing opponumties per Executive Order 12962 and rescind the Halibut Charier IFQ. Sincerely, Donna' C. Bondioli Suggested by: Ma~,,,, ~,, ~, CITY OF KENAI RESOLUTION NO. 2005-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING THE PROPOSED MIXING ZONE REVISIONS TO THE ALASKA WATER QUALITY STANDARDS. WHEREAS, the State of Alaska Department of Environmental Conservation is proposing several current Mixing Zone regulations, which govern the permit requirements for areas where treated wastewater mixes with a water body; and, WHEREAS, the proposed amendments would allow Mixing Zones in "an area of anadromous fish spawning" where the existing rules prohibit Mixing Zones in such areas due to concerns that industrial effluent may have a negative impact on fish habitat; and, WHEREAS, the entire Kenai Peninsula Borough is interested in maintaining high water quality and is highly dependent on the growth and propagation of fish and other aquatic life; and, WHEREAS, the healthy wild salmon and other marine life industries support many jobs and subsistence resources to the people and communities throughout the state; and, WHEREAS, allowing Mixing Zones in anadromous fish spawning areas would impair the efforts of Cook Inlet sport and commercial fishers and processors to promote Cook Inlet wild salmon as clean, fresh, and healthy; and, WHEREAS, in some cases existing municipal mixing zone permit holders have faced permit revocation or costly upgrades when seeking a renewal because salmon have started spawning in the area delineated as the wastewater treatment plant's approved Mixing Zone; and, WHEREAS, revoking a permit in such cases could be detrimental to the salmon spawning area as it could cause the stream to dry up or otherwise damage the habitat; and, WHEREAS, a provision authorizing existing mixing zone permits to be grandfathered in if salmon start spawning in the previously approved Mixing Zone area would address these concerns. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Resolution No. 2005-50 Page 2 Section 1' The City of Kenai Council opposes amending the State water quality standards to a/low wastewater to be discharged into areas of anadromous fish spawning in Alaska and urges the Department of Environmental Conservation to not adopt any such proposed changes except to allow the renewal of permits in areas where salmon started spawning in the previously approved mixing zone effluent; and, $~ction 2: Copies of this resolution shall be provided to the Commissioner of Department of Environmental Conservation, Governor Frank Murkowski, Senators Thomas Wagoner, Gary Stevens and Representatives Mike Chenault, Paul Seaton and Kurt Olson. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of November, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk N4~ H. II~URKOWSKI, GOVERNOR 0 Willoughby Avenue, Suite 303 · Juneau, Alaska 99801-1795 PHONE: (907) 465-5066 FAX: (907) 465-5070 DEPARTMENT OF ENVIRONMENTAL coNsERVATION [ ~ http://www.dec.state.ak.us/ OFFICE OF THE COMMISSIONER October 17, 2005 Dear Alaskan: Last year you commented on proposed changes to the mixing zone provision of the Alaska water quality standards regulation (18 AAC 70). During the public review, we received many comments concerning the potential effects of the proposed changes on Alaska's fish resources. In response to those comments, the Department of Environmental Conservation (DEC) has drafted a new proposal. Given the significant interest in these regulations, it is important to share the new proposal with the public for further review. The enclosed water quality mixing zone regulations will be available for public review and comment for sixty days. The Legislature sets public policy by enacting statutes and it is the responsibility of the Executive Branch of government to faithfully execute those laws by developing and implementing regulations. These new proposed mixing zone regUlations better reflect the Department Of Environmental Conservation's dU/y' to'"'"' adopt and enforce water quality standards that protect all uses of Alaska's waters, including the growth and propagation of fish. In addition to DEC's authority to enforce water quality standards for all state waters (AS 46.03), Alaska's legislature established additional protections for rivers, lakes, and streams that are important to spawning, rearing, or migration of anadromous fish (AS 16.20 and AS 41.14). Specifically, State laws currently direct the Department of Natural Resources (DNR), and the Department of Fish and Game (DFG) under AS 41.14 and AS 16.20 respectively, to approve proposed construction in, or use of, anadromous waters if approval of the activity will ensure the proper protection of spawning, rearing and migration. While anadromous waters must be protected, there is no absolute prohibition in state statute on the use of, or construction in, rivers, lakes, and streams important to spawning, rearing, or migration of anadromous fish. Following this legislative direction, the proposed.regulations generally prohibit.. mixing .zones in fish 'spawning areas While allowinga narrow r..ange of exceptions:_ SPecificallY, DEC may aUthorize' a' mixing zone in a. spaWning.area if a permit apPlicailt can"d'em°nstrate ~that the'timing'°fthe diScharge or the types o~ '.'~';.,~'.:~': pollutants will not affect present and future spawning, incubation and rearing,' °i~; October 17, 2005 submits a mitigation plan which demonstrates that discharge effects will be mitigated subject to approval by DNR or DFG. These two state agencies have the statutory authority and regulatory expertise to mitigate adverse impacts on fish and fish habitat. The regulated community and the public have a right to regulations that are clearly written and consistent with legislative policy. DEC has drafted this proposed mixing zone regulation with these principles in mind. Thank you for your interest. I welcome your review and comment. Sincerely, Kurt Fredriksson Commissioner NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~The Department of Environmental Conservation (DEC) proposes to adopt regulation changes in Title 18 of the Alaska Administrative Code, dealing with Chapter.70, Water Quality Standards, including the following: .. . .- . DEC is proposing to repeal and adopt revisions that would: 1) expand the prohibition on mixing zones to include lakes; 2) create exemptions to the prohibition on mixing zones in fish spawning habitat; 3) reorganize the mixing zone regulations to improve clarity and reduce redundancy; 4) simplify some technical provisions including ones dealing with risk assessment, flow calculations, and mixing zone models; and 5) update a reference to federal technology-based effluent limitations. The proposal includes a new definition for shellfish and provides for consideration of measures that would mitigate the potential adverse effects of mixing zones on aquatic resources. In 2004, the Department of Environmental Conservation (DEC) proposed changes to the mixing zone regulations and received numerous corranents regarding the proposal. DEC consulted with the other state resource agencies to jointly consider the comments. As a result, the State has drafted a new proposal and is opening a new public comment period. While some changes in the new proposal are based on previous comments, the comments received in 2004 will not be re-visited as part of this new proposal. Please do not rely on comments submitted on the 2004 proposal, as this new proposal is substantially different. Please comment if your interests would be affected by the proposed 2005 regulations. These mixing zone regulations have been revised to better reflect the State's existing statutory protections for all state waters important to the growth and propagation of fish and other aquatic life (AS 46.03), and the special protections afforded to lakes, streams and rivers that are important to spawning, rearing, or migration of .,~anadromous fish (AS 16.20 and AS 41.14). The regulated community and the public have a fight to regulations that ]are clearly written and consistent with legislative policy. DEC has propoSed changes to the mixing zone regulations with these principles in mind. You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments addressed to Nancy Sonafrank, Alaska Department of Environmental Conservation, 610 University Drive, Fairbanks, Alaska 99709 or by e-mail addressed to Nancy_Sonafrank~dec.state.ak.us. The comments must be received no later than 5:00 p.m. on December 19, 2005. Oral or written comments may also be submitted at a hearing to be held on December 5, 2005 from 5:30 p.m. to 7:00 p.m. at: Legislative Information Office 716 W. 4th Ave, Suite 200 Anchorage, Alaska. Those in outlying areas who wish to provide testimony may do so telephonically by calling 1-800-395-5073. Please call-in by 5:30 p.m. to register your intent to testify at the hearing. The hearing might be extended to accommodate those present before 6:30 p.m. who did not have an opportunity to comment. DEC will hold three workshops to discuss these changes at the following Legislative Information Offices: Juneau, November 30 from 4-6 p.m. - Terry Miller Building, Suite 111. Fairbanks, December 1 fi'om 4-6 p.m. - 119 Cushman St., Suite 101 Anchorage, December 5 from 4-5:30 p.m. - 716 W. 4th Ave, Suite 200. )Those in other areas wh° wish to participate may do so telephonically by calling 1-800-395-5073 on December 5, ..... 2005 only. Please call-in by 4:00 p.m. to register your intent to participate at the workshop. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Brenda Duty at (907) 451-2141 no later than November 21, 2005 to ensure that any necessary accommodations can be provided. For a copy of the proposed regulation changes, contact Nancy Sonafrank at 610 University Drive, Fairbanks, Alaska 99709 or (907) 451-2726 or go to DEC's Notices of Proposed Regulations section on the state's Online Public Notice Website at http://notes.state.ak.us/pn/pubnotic.nsf. 'Background. information and fact sheets · .. explaining the proposed regulation can be found at ...... http://www.dec.state.ak.us/water/wqsar/trireview/mixingzones.htm. After the public comment period ends on December 19, 2005, the Department of Environmental Conservation will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and subject to public inspection. Statutory Authority: AS 46.03.010; AS 46..03.020; AS 46.03.050; AS 46.03.070; AS 46.03.080; AS 46.03.710. Statutes Being Implemented, Interpreted, or Made Specific: AS 46.03.070; AS 46.03.080; AS 46.03.100; AS 46.03.110; AS 46.03.710; AS 46.03.720. Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation. DATE: October 17, 2005 · .., · .... - .... : .... Kurt Fredriksson, Commissioner " ADDITIONAL REGULATIONS NOTICE INFORMATION (AS 44.62.190(d)) 1. Adopting agency: Department of Environmental Conservation. 2. General subject of regulation: Water Quality Standards, mixing zones. 3. Citation of regulation (may be grouped): 18 AAC 70. 4. Reason for the proposed action: Development of program standards. 5. BRU/component affected: Division of Water/Water Quality. 6. Cost of implementation to the state agency and available funding (in thousands of dollars): There will be no implementation costs. 7. The name of the contact person for the regulations: Name Nancy Sonafrank Title Environmental Program Specialist Address 610 University Drive Fairbanks, AK 99709 Telephone (907) 451-2726 E-mail ad&ess Nancy_Sonafrank~dec.state.ak.us 8. The origin of the proposed action: staff of state agency 9. Date: 10/4/05 Prepared by: · Name Nancy SOnafrank ...... : Title' Environmental Program Specialist Telephone: (907) 451-2726 · . · . October 26, 2004 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 . FAX 907-283-3014 ~ Nancy Sonafrank Environmental Specialist Alaska Department of Environmental Conservation 610 UniversiW Drive Fairbanks, AK 99709 COMMENTS ON PROPOSED CHANGES TO ALASKA REGULATIONS ON MII~NG Z ONE $ AND WA TER Q I~ALI TY R~ O D'LA TIO N'S Dear Ms. Sonafr~: The Kenai City Council opposes the proposed changes to the Mixing Zone provisions of Alaska regulations (18 AAC §70). Current regulations do not allow Mixing Zones in salmon spawning areas. The proposed changes, however, could allow Mixing Zones in salmon spawning areas. The City of Kenai's economy is heavily dependent on both commercial and sport fishing. Many local jobs come from both the fishing and tourism industries. Much of the tourism industry is fishing related. Clean water and healthy habitat in the Kenai River are vitally important in protecting the fishing and tourism industries in the Kenai area. The State of Alaska and ADEC have done a good job so far in protecting salmon habitat in the Kenai River area. A sign_i~cant amount of time and money has been spent to establish and market the "Kenai Wild" salmon brand. The "Kenai Wild" brand is designed to create a market for Cook Inlet salmon by promoting the high quality, healthy and fresh salmon from the Cook Inlet. The proposed Mixing Zone amendment, potentially allowing Mixing Zones in salmon spawning areas, could impair the effort to promote "Kenai Wild" ~almon a~ ~afe and healthy sea.food. Not only has that program increased demand for "Kenai Wild" salmon, it has increased the market price of the "Kenai Wild" salmon. In a time of generally lower salmon prices, higher 'Kenai Wild" salmon pr/ces have really helped some local fishers stay in business. One can imagine the difficulty marketing ~Kena/Wild' salmon if consumers thought they might have been spawned in a Mixing Zone. Even if there were no actual harmfixl effects, the consumer's perception of such effects could easily damage the marketing efforts. Nancy Sonafrank October 26, 2004 Page 2 of 2 To us, the potential dangers of such changes cIearly outweigh any benefit they may provide. The Council of the City of Kenai opposes the proposed changes to 18 AAC §70. Thank you for your consideration of these comments. Sincerely, CITY OF KENAI ?at Porter Mayor CRG/sp ' Introduced by: 11/01/2005 02:37 PM Introduced by: Martin Date: 09/07/04 Action: Postponed until 10/12/04 Action: Adopted as Amended Vote: 8 Yes, 0 No, 1 Absent KENAI PENINSULA BOROUGH RESOLUTION 2004-087(MARTIN) SUBSTITUTE A RESOLUTION OPPOSING THE PROPOSED MIXING ZONE REVISIONS TO THE ALASKA WATER QUALITY STANDARDS WHEREAS, the State of Alaska Department of Environmental Conservation is proposing several current Mixing Zone regulations, which govern the permit requirements for areas where treated wastewater mixes with a water body; and WHEREAS, the proposed amendments would allow Mixing Zones in "an area of anadromous fish spawning" where the existing rules prohibit Mixing Zones in such areas due to concerns that industrial effluent may have a negative impact on fish habitat; and WHEREAS, the entire Kenai Peninsula Borough is interested in maintaining high water quality and is highly dependent on the growth and propagation of fish and other aquatic life; and WHEREAS, a large part of the Kenai Peninsula Borough's economy stems from healthy salmon and other narine life stocks residing in the waterways that could be affected by these proposed regulations; and WHEREAS, the healthy wild salmon and other marine life industries support many jobs and subsistence resources to the people and communities throughout the state; and WHEREAS, the Kenai Peninsula Borough has provided significant support to the Cook Inlet Salmon Branding program, which is largely dependent upon the ability to market Cook Inlet wild salmon; and WHEREAS, allowing Mixing Zones in anadromous fish spawning areas would impair the efforts of Cook Inlet sport and commercial fishers and processors to promote Cook Inlet wild salmon as clean, fresh, and healthy; and WHEREAS, in some cases existing municipal mixing zone permit holders have faced permit revocation or costly upgrades when seeking a renewal because salmon have started spawning in the area delineated as the wastewater treatment plant's approved Mixing Zone; and WHEREAS, revoking a permit in such cases could be detrimental to the salmon spawning area as it could cause the stream to dry up or otherwise damage the habitat; and WHEREAS, a provision authorizing existing mixing zone permits to be gmndfathered in if salmon start spawning in the previously approved Mixing Zone area would address these concerns; and WHEREAS, the comment period for the proposed regulations ends on November 1, 2004; Page 1 of 2 Introduce~ by: 11/01/2005 02:37 PM ' NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough Assembly opposes amending the state water quality standards to allow wastewater to 'be discharged into areas of anadromous fish spawning in Alaska, and urges the Department of Environmental Conservation to not adopt any such proposed changes except to allow the renewal of permits in areas where salmon started spawning in the previously approved mixing zone effluent. SECTION 2. That copies of this resolution shall be provided to Emesta Ballard, Commissioner of Department of Environmental Conservation, Governor Frank Murkowski, and Senators Thomas Wagoner, Gary Stevens, Georgianna Lincoln, and Con Bunde, Representatives Kelly Wolf, Mike Chenault, Paul Seaton, Mike Hawker, and Carl Morgan. SECTION 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 12TH DAY OF OCTOBER, 2004. Page 2 of 2 AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 2, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak. u s ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. · Agenda Approval 4. Consent Agenda · Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item w/Il 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) o Bill Coghill, Mlkunda Cottrell & Co -- Financial Statement e Kenai Historical Society Representative -- Possible Cabin Acquisition/Ladd Estate. , Jessica Bookey-- Use of Library/Support of Proposed Expansion. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D' REPORTS OF KPB ASSEMBLY~ LEGISLATORS A_KO COUNCIL= ITEM E: PUBLIC HEARINGS . Ordinance No. 2128-2005 -- Increasing Estimated Revenues and Appropriations by $6,200 in the Genera/Fund for a Library Grant. , Ordinance No. 2129-2005 -- Increasing Estimated Revenues and Appropriations by $6,555.55 in the General Fund for a Boys & Girls Club State Grant. , Ordinance No. 2130-2005 -- Enacting KMC 1.15.130 Entitled, "Telephonic Participation," Which Allows and Establishes Rules for Council Members to Telephonically Participate in Council Meetings. , Resolution No. 2005-48 -- Directing the Continuation of the Project Entitled "Set Net Drive (From VIP Drive to Watergate Way)" and Designating What Improvements Are to be Included in This Project. . *Liquor License Transfer-- George & Ekaterina Pitsilionis, d/b/a Pizza Paradisos to George Pitsflionis, d/b / a Pizza Paradisos. , *Liquor License Transfer-- Kenm Golf Course, Inc., d/b/a Kenai Golf Course Card to George Lagoutaris & Christina Lagoutaris, d/b/a Katrina's Greek & Italian Restaurant. , *Application for Restaurant Designation Permit -- George Lagoutaris & Christina Lagoutaris, d/b/a Katina's Greek aa Italian Restaurant. ITEM F: MINUTES o *Regular City Council Meeting of October 19, 2005. ITEM G: , OLD BUSINESS , Discussion -- Proposed Sale of Wetlands/The Conservation Fund. ITEM H: NEW BUSINESS 1. Bills to be Ratified e Approval of Purchase Orders Exceeding $15,000 . *Ordinance No. 2131 -- Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for the Staying Connected Grant. , *Ordinance No. 2132 -- Increasing Estimated Revenues and Appropriations by $5,000 in the General Fund for a Donation Made by Tesoro Petroleum Co. to be Used for the Town Clock. . Approval-- Assignments of Shore Fishery Leases -- Tract 3 Shore Fishery Plat No. 71 and Tracts 5 & 6, Shore Fishery Plat No. 71/From Randale Canady to Kenai Salmon Company, Inc. . Approval -- Assignment/Amendment of Lease -- Lot 7, Block 2, Fidalgo Commercial Center-- From Commercial Development to William Borchardt. e Discussion -- Amendment of City of Kenai Mini-Grant Overview/Procedures -- Possible Steering Committee Amendment. . Discussion -- McCollum/Aliak Drive L.I.D. -- City Manager Report to City Council. ITEM I: COMMISSION/COMMITTEE REPORTS o 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 2, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://~vww, ci.kenai, ak.us MAYOR PAT PORTER~ PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A.-X, PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were- Pat Porter, Ma~,or Joe Moore Cliff Massie Rick Ross Mike Boyle Linda Swa_rner Bob Mollo¥. A quorum was present. Also Present: Les Krusen, Student Representative A-So AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: SUPPLEMENTAL INFORMATION: SUPPLEMENTAL INFORMATION: B-l, Bill Coghill-- Comprehensive Annual Financial Report and Federal Single Audit Report. E-4, Resolution No. 2005-48 (KMC 16.10.070 and Set Net Drive aerie photo) ADDITION TO: 1-4, Library Commission Report -- Application of Blaine Gilman for placement on Library Commission. ADDITION TO: Item J, Mayor's Report -- Information related to Halibut Charter IFQ proposal (request for resolution in opposition). KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 2 MOTION: Council Member Massie MOVED for approve of the agenda with the additional information indicated. Council Member Moore SF~gONDED the motion and requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. A-4. CONSENT AGENDA Council Member Molloy stated a conflict of interest on Item E-5 and requested recusal from the action to be taken. There were no objections from Mayor or Council Members. MOTION: Council Member Molloy MOVED to approve the consent agenda as presented and Council Member Boyle SECONDED the motion. Council Member Massie requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B' SCHEDULED PUBLIC COMMENTS Bill Coghill, Mikunda Cottrell/k Co -- Financial Statement Bill Coghill referred to of the City's Federal Single Audit Reports, dated June 30, 2005 and also reviewed the Comprehensive Annual Financial Report which were distributed at the beginning of the meeting. He noted the total assets of the city to be $143 million. In reviewing the audit report, Coghill the federal audit was found to be clean with no exceptions or questioned costs. He also noted, there was no state audit required as the city had received no grant funds large enough from the state to require an audit. Acting City Manager/Finance Director Semmens noted statistical information was included in this year's report due to the city's early implementation of the GASB44 requirements. B-2. Kenai Historical Society Representative -- Possible Cabin Acquisition/Ladd Estate. George Ford, 526 Ash Avenue, Kenai -- Mr. Ford explained the Kenai Historical Society had been contacted by the executors of the estate of Clarence Ladd and asked if the Society would be interested in receiving the Dolchok cabin as a gift from the estate. He added, the estate was planning to remove the cabin from the Old Town lot and the only stipulation of the Society receiving the cabin was that a plaque noting it was a gift from the estate to the Society be placed on the cabin. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 3 Ford further explained, the Society was very interested in accepting the cabin and preserving it (it was built in 1922); the Society. has no land on which to place the cabin; and, if the city is interested in moving the cabin to a city lot in Old Town, the Society would be willing to donate $2,000 toward the relocation. Ford noted also, an old cabin and cannon now situated at Fort Kenay, which had been left to the Society, but were not available for the public to see, as well as two additional cabins that he understood belonged to the city should be considered to be moved as well. Ford stated, the Society would transfer title of the cabin and cannon to the city if it so desired. Ford suggested the cabins/cannon be placed on city land adjacent to the Kenai Chamber of Commerce. City Attorney Graves noted, in the 90's two of the cabins that were situated at Fort Kenay, were transferred, along with the Fort, to the Russian Church. The City retains a right of purchase if the Church no longer wants the cabins. Mayor Porter suggested the issue be turned over to administration to formulate a plan and estimate of costs to move the Ladd cabin. In addition, the city manager was requested to write a letter to the Church and asking the possibility of moving the cabins/cannon from their site to another site for the Historical Society after investigating the true ownership of the items. Jessica Bookey -- Use of Library/Support of Proposed Expansion. Jessica Bookey, P.O. Box 406, Kenai -- Bookey spoke in support of the Kenai Library; its importance to the community; its being a safe and loving environment; and its need for additional space. She thanked the library staff for enriching the community and requested council to consider the hbrary's many attributes with regard to preparation of the budget. ITEM C: UNSCHEDULED PUBLIC COMMENTS C-1o Rlcky Gease, Director, SportfiShing Association, 4289 Beaver Loop Road, Kenai. Gease reviewed information included in the packet relating to a request from the Homer Chamber of Commerce for a resolution opposing the Halibut Charter IFQ. He explained, the proposed IFQ would privatize a public resource, impacting chartering businesses on the Peninsula and other areas through the high cost to the businesses the quota would require, most likely causing businesses to close, and how the trickle- down effect would be devastating to communities. Gease urged the council to forward a resolution in opposition to the Halibut Charter IFQ. .. · Council requested a resolution 16, 2005 meeting. be brought forward for consideration at the November KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 4 ITEM D: -- None. ITEM E: E-X. MOTION: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCIL._~ PUBLIC HEARINGS. Ordinance No. 2128-2005 -- Increasing Estimated Revenues and Appropriations by $6,200 in the General Fund for a Library Grant. Council Member Massie MOVED for approval of Ordinance No. 2128-2005 and Council member Swarner SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Absent Porter Massie Boyle Yes Yes Yes Moore Ross Yes Yes Molloy Yes Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2129-2005 -- Increasing Estimated Revenues and Appropriations by $6,555.55 in the General Fund for a Boys & Girls Club State Grant. MOTION: Council Member Moore MOVED to adopt Ordinance No. 2129-2005 and Council member Massie SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen' Absent Porter Yes Massie Yes Moore [Yes Swamer Yes Ross Yes Molloy Yes KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 5 I Boyle ]Yes 1 MOTION PASSED UNANIMOUSLY. E-3o Ordinance No. 2130-2005-- Enacting KMC 1.15.130 Entitled, "Telephonic Participation," Which Allows and Establishes Rules for Council Members to Telephonically Participate in Council Meetings. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2130-2005 and Council Member Swarner SECONDED the motion. There were no public comments. Discussion followed in which Attorney Graves noted the cities contacted had different numbers of members allowed to be pt~ysically absent, but telephonically participate. He stated he picked three members because he based the ordinance on the Ketchikan Gateway Borough ordinance. Council Member' Molloy stated his concern in allowing the quorum being established by telephonic participation and noted, if there was not a quorum physically present, the meeting should probably be postponed. Ross agreed, and added, his concern with having three members participating telephonically and suggested it be reduced to two as well as reducing the number of meetings allowed for a member to participate telephonically be reduced to two from three. He added, he believed council should be encouraged to be physically present and did not believe the public would be well represented if members were not physically present. MOTION TO AMEND: Council Member Ross MOVED to amend Section (b) to state "no more than the first two members..." and Council Member Moore SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Krusen' Absent Porter Yes Massie Yes Boyle No Moore Ross Yes Swamer Yes Yes Mol!o¥ Yes MOTION PASSED. MOTION TO AMEND: KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 6 Council member Ross MOVED to amend Section (n), to read" may attend a maximum of two meetings by teleconference..." SECONDED the motion. ...Each Council Member Council Member Molloy Moore stated his preference the council would not be locked into two meetings and be allowed more than two with council approval. Council Member Boyle stated his preference to allow for three or perhaps four times a year to participate telephonically as it would allow a council member who must be out of town to still participate. Massie stated his agreement with Ross, i.e., that members should use the ordinance sparingly. VOTE ON AMENDMENT: *Student Representative Krusen: Absent Porter Yes Moore No Massie Yes Ross Yes No Boyle tSwamer Molloy Yes Yes MOTION PASSED. MOTION: Council Member Molloy MOVED to amend Section (i) by deleting "...provided that if the member participating by telephone is necessary to achieve a quorum, the meeting shall be at ease, recess or adjourn as necessary until the telephone connection is established or restored." Council Member Massie SECONDED the motion. Molloy explained, this would eliminate making a quorum by telephone participation. Boyle stated, if the amendment was approved, Item (e) would become moot. Moore noted, it would require four members physically present to constitute a quorum. VOTE: *Student Representative Krusen: Absent Porter Yes Massie Yes Boyle Yes Moore No Swamer Yes Ross Yes Molloy Yes MOTION PASSED. MOTION TO AMEND: KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 7 Council Member Molloy MOVED to remove the word "quorum" from Item (e) and Council Member Swarner SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Krusen: Absent Po~ter lYes Moore I No Massie Yes Ross Yes Boyle Yes Swarner Yes Molloy Yes MOTION PASSED. Mayor Porter passed the gavel to Vice Mayor Moore. MOTION TO AMEND: Mayor Porter MOVED to amend by removing Item (1) and Council Member Molloy SECONDED the motion. Porter explained, if a council member is participating telephonically, that person should not be allowed to participate in discussions that could be involved in an executive session because of the possible lack of security, i.e. others could listen in on the proceedings. Attorney Graves explained, under the Open Meetings Act, the ordinance was needing a provision to require the audience being able to hear what those participating by telephone are saying. He suggested deleting, "...provided that in executive session the remarks shall be audible only. to those included in the executive session." Porter stated it was her intent to not allow telephonic participation during an executive session. RESTATEMENT OF MOTION: Porter, with the concurrence of Molloy, restated her motion to amend Section (1) by deleting, "...provided that in executive session the remarks shall be audible only to those included in the executive session." Moore asked if it was Porter's intent to not allow members who may be participating telephonically in a regular meeting to be excluded from participating in an executive session. Porter stated that was the intent of her motion. Moore stated he would not KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 8 support the motion as it would be the responsibility of those participating telephonically to be sure they were in a secure area and using a secure telephone line. Swarner stated she would not support the amendment as she felt council members acknowledge in. taking the oath their responsibility to be participat/ng in a secure area, using the most secure means of telephone available, etc. Ross agreed, and stated he believed a member participating in other parts of a meeting should participate in an any executive session that may also take place as part of that meeting. Massie agreed with both sides and added, he believed a member should not be participating from a cellular phone. VOTE ON AMENDMENT: *Student Representative Krusen- Absent l Porter lYes Massie Yes Boyle No Moore No Ross No ISwarner Mo!!o¥ No Yes MOTION FAILED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Krusen: Absent Porter Yes Moore Yes Massie Yes Ross Yes Boyle Yes Swarner Molloy Yes Yes MOTION PASSED UNANIMOUSLY. Swarner requested the ordinance be returned to council for review in one year. There were no objections from council. Resolution No. 2005-48 -- Directing the Continuation of the Project Entitled "Set Net Drive (From VIP Drive to Watergate Way)" and Designating What Improvements Are to be Included in This Project. MOTION: Council Member Moore MOVED for approval of Resolution No. 2005-48 and Council Member Ross SECONDED the motion. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 9 The floor was opened for public comment. Joe Corpus {Ruby Bingham}, 2610 Watergate Way, Kenai -- Mr. Corpus noted he and his wife sent a letter of objection to the project as far as their property was concerned; they felt the assessment was wrong; they as homeowners, should not be assessed on square foota§e when only the comer of their property was on Set Net Drive; the majority of their property is on Water§ate Way; they own the lot along Water§ate Way as well as a lot on Set Net Drive where their house is now situated. Corpus added, if they ever build on the now empty'property, the house would front on Water§ate Way, and whether Set Net Drive is paved or not would no~ matter to them as they do not access their property, from Water§ate. Corpus su§§esled, if they were to be assessed, they believed the correc~ assessment would be based on the frontage actually facing .Set Net Drive. Corpus also stated he had never heard of an assessment based on square foota§e for an improvement on a road. Acting City Manager Semmens referred to the preliminary assessment roll which was included in the packet. He noted: The Corpus/Bingham property was listed as No. 6 and the value of the Corpus unimproved property was listed as $14,500. · The Code states an assessment may not be levied greater than 25% of the fair market value of the property. · The Corpus property, as well as two additional unimproved lots valued at $14,500, would be charged more than 25% of the assessed value. · Three parcels would not comply with the code. · A similar situation occurred with the assessment district for Schooner Circle and involved.the property owned adjacent. With that LID, the other owners agreed to pay an amount higher than they otherwise would have in order to have the street paved. The same thing could happen with this LID, but no proposal to that effect had been made. Council could choose to assess this property on a different basis, i.e. a lineal foot basis, however the normal assessment is based on square feet, however, the code provision did not preclude an assessment based on a different basis. · Council could choose to fund the shortfall (which could be more after the project is completed); council could choose to use the grant funds to cover the cost of the project which was not assessable to the three properties; or, council could choose not to go forward with the project. Molloy asked if the code required assessment on a square footage basis and Attorney Graves noted the code included wording to allow council to develop a different method of assessment. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 10 Discussion continued in which concern was expressed the preliminary assessment roll was brought forward if it was against the code. Semmens noted, what could be done is assess the property to the 25% of value and then the city fund the excess or, as done in the Schooner Circle LID, the other owners could agree to pay a different amount. He added, in the past, other methods have been used, i.e. all the parcels paid an equal amount regardless of lot size and where one parcel was limited to ten percent and the remaining lot owners paid the difference. Semmens recommended council at least consider a lineal foot calculation to see if that type of calculation would' bring the assessment on these parcels within the 25%. Ross noted, though Corpus did not use Set Net Drive to access his unimproved lot, he could sell the lot and a new owner could decide to access the lot from Set Net and be benefited by the paving. Ross added, his concern with changing from square footage was that the area in question did not have uniform lot sizes, and it was difficult for him not to want to use the square footage calculation. Corpus asked if he could appeal to the 25% assessment of the lot because it was unimproved. Ross agreed the city could not exceed the 25% of the assessed value. Ross stated he did not object to other calculations being prepared and not exceed the 25% of assessed valuation, but was not in favor of changing the calculation for one lot. Semmens noted, that would mean the municipal match grant share, instead of being half of the project ($110,000), would be approximately $18,000 more. Ross agreed and added, it would affect other lots situated in the same the Corpus lot was, i.e. unimproved property would be assessed at not exceeding the 25% which he did not believe would create inequities against those with residences. MOTION TO TABLE: Council Member Swamer MOVED to table the resolution until the next scheduled meeting with information brought back to council. Council Member Moore SECONDED the motion. Ross asked if there was a time issue on the resolution and Graves noted, there was a time issue to start the public hearing and suggested asking for further public testimony. There was no other requests to speak from the public. VOTE ON MOTION TO TABLE: *Student Representative Krusen: Absent Porter Massie Boyle Yes Yes Yes Moore Ross Yes i Swarner Yes Yes Molloy Yes KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 11 MOTION PASSED UNANIMOUSLY. Liquor License Transfer -- George & Ekaterina Pitsilionis, d/b/a Pizza Paradisos to George Pitsilionis, d/b/a Pizza Paradisos. Approved by consent agenda. E-6o Liquor License Transfer-- Kenai Golf Course, Inc., d/b/a Kena/Golf Course Card to George Lagoutaris & Christina Lagoutaris, d/b/a Katrina's Greek & Italian Restaurant. Approved by consent agenda. E-7o Application for Restaurant Designation Permit -- George Lagoutaris & Christina Lagoutaris, d/b/a Katina's Greek & Italian Restaurant. Approved by consent agenda. ITEM F: MINUTES F-1. Regular City Council Meeting of October 19, 2005 -- Approved by consent agenda. ITEM G: OLD BUSINESS Discussion -- Proposed Sale of Wetlands/The Conservation Fund. Ross stated his opposition to selling the identified wetlands as it would tie the lands up in perpetuity, it was not known what the needs of the community would be in 100 years or the condition of the property and he believed it not in the city's best interest to make the sale. He also noted, the lands could be of interest for negotiating or use by the city at some point. , Swamer stated she had no objection to selling the land to The Conservation Fund, however did not approve of comments included in the July 8, 2005 correspondence from Brad Meiklejohn (representing the Fund) to Public Works Manager Keith Komelis in which Meiklejohn stated the Fund would not be the long-term owner and it would most likely donate the lands to the State of Alaska for inclusion in the Kenai River Special Management Area. Swamer added, she would not support any lands being put into the Kenai River Special Management Area. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 12 Moore agreed with Ross and Swarner's comments and noted, the council' fought to keep city properties out of the Management Area and he would not support any sale of property to the Fund if the intent was to give it to the Management Area. MOTION: Council Member swarner MOVED the city sell Parcels 4, 5, 6 as indicated on the map (noting Parcel 6, $1,000, 2.04 Acres; Parcel 5, $27,500, 61.37 Acres; Parcel 4, $8,000, 14.63 Acres). Council Member Massie SECONDED the motion. Boyle noted his reluctance to vote on the issue as he did not have the previously distributed information and map available to him. Swamer stated, because action was not required until November 30, she had no objection to postponing action on the issue in order for the new members to review previous information. MOTION: Council Member Swarner MOVED to postpone the issue until the next council meeting and Council Member Boyle SECONDED the motion. VOTE: *Student Representative Krusen' Absent i Porter No Massie Yes Boyle Yes Moore No Swarner Yes Ross No Mollo¥ Yes MOTION PASSED. ITEM H: NEW BUSINESS H-Xo Bills to be Ratified MOTION: Council member Swarner MOVED to ratify the payments over $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. $O ORDERED. H-2o Approval of Purchase Orders Exceeding $15,000 -- None. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 13 H-3o Ordinance No. 2131 -- Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for the Staying Connected Grant. Introduced by consent agenda. H-4o Ordinance No. 2132 -- Increasing Estimated Revenues and ApPropriations by $5,000 in the General Fund for a Donation Made by Tesoro Petroleum Co. to be Used for the Town Clock. Introduced by consent agenda. Approval -- Assignments of Shore Fishery Leases -- Tract 3 Shore Fishery Plat No. 71 and Tracts 5 & 6, Shore Fishery Plat No. 71/From Randale Canady to Kenai Salmon Company, Inc. MOTION: Council Member Swarner MOVED for approval of the assignments of Shore Fishery Leases, Tract 3 Shore Fishery Plat No. 71 and Tracts 5 & 6, Shore Fishery Plat No. 71 as outlined in H-5 in the packet and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. Approval-- Assignment/Amendment of Lease -- Lot 7, Block 2, Fidalgo Commercial Center -- From Commercial Development to William Borchardt. MOTION: Council Member Swamer MOVED for approve of the Assignment/Amendment of Lease as outlined in Item H-6 in the packet and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. Moore, referring to information in the packet memorandum noting inadequacy of insurance requirements in older leases, he asked why the city was waiting for assignments to come forward before amending the lease insurance requirements. Graves explained, if the insurance requirements are in the lease documents, the city could not unilaterally amend the lease; it must be done by mutual consent; the only time the city has real leverage is when an assignment is requested; and, at that time the city has the opportunity to state the assignment could be approved, but the city wants to change the insurance requirements. Moore stated his concern it was not good business practice under which to be operating and asked if wording could be included that adequacy of insurance would be KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 14 reviewed on an annual basis. Swarner questioned how often the lease rate is reviewed and Graves answered every five years. She asked if at the five-year review, the insurance rate could be reviewed as well. Graves noted, if the insurance rate is set firmly in the contract, only the lease renegotiation rate is reviewed. He added, after Titles 21 and 22 are rewritten, the leases will be rewritten at that time as well and the insurance rate concerns could be reviewed at that time too. VOTE: There were no objections. SO ORDERED. H-7o Discussion -- Amendment of City of Kenai Mini-Grant Overview/Procedures -- Possible Steering Comm/ttee Amendment. Porter explained she requested the issue be brought to council and requested an amendment be made to the selection of the steering committee. She noted, as currently written, the procedures require the council to approve the appointment of the steering committee. She suggested deletion of the first portion of the paragraph as she found it too cumbersome in appointing specific people as they may not always be available at the time an application may need review. Porter requested the steering committee consist of the Mayor, a member of the Kenai Economic Development group, a representative from the Kenai Central High School and the Chamber of Commerce. All four groups would participate, but the people may change as to who would actually be reviewing the applications and the mayor would appoint the committee members. Moore stated, because city funds would be expended, he believed the council should be involved in approving the committee. Porter suggested council approve the appointments, and at least three of the four be represented when reviewing applications in case a member will not be available. Council had no objections to that suggestion and Porter stated she would bring forward names of representatives from the group for appointment by council. Discussion -- McCollum/Aliak Drive L.I.D. -- City Manager Report t° City Council. Acting City Manager Semmens noted the report required by code related to the formation of thi~ assessment d/strict was included in the packet and the estimated cost of the project waa at $440,000. It was also noted, no formal action was necessary at this meeting, however the process would move forward through a resolution to set a public hearing after the preliminary assessment roll is submitted to the City Clerk. ITEM I: COMMISSION! COMMITTEE REPORTS KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 ' PAGE 15 I-1o November 3. Council on Aging -- Boyle reported the next meeting was scheduled for 1-2. Airport Commission -- Swarner reported a new vehicle parking program had begun at the airport. 1-3. Harbor Commission -- Massie reported the next meeting was scheduled for November 7. I-4. Library Commission -- Molloy reported a meeting was held November 1 and reviewed actions taken. He noted, the top applicant for the library director would be at the librm-y on November 7 to meet the commission and members of the Friends of the Library. Porter noted the inclusion of two applications for consideration as appointments to the Commission' Rebecca Gilman and Blaine Gilman. Porter suggested the appointment of Rebecca Gilman. There were no objections from Council. I-5. Parks/l~ Recreation Commission -- Moore reported a meeting was scheduled for November 4. 1-6. Planning & Zoning Commission -- Ross reported the minutes of the October 26 meeting were included in the packet and reviewed actions taken. Porter noted a seat was available on the Commission and suggested Ryan Lawrence, a current member of the Parks & Recreation Commission be appointed (the application was included in the packetl. Council had no objections. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Swamer reported the next meeting would be held on November 8. 1-71). Ahska Municipal LeaEue Report -- Swarner noted the Fall Conference would be held in Anchorage November 9-11. I-7c. Arctic Winter Games -- Director Frates reported the next meeting would be held November 10; the International Committee had visited, met and discussed the progress of the event; thc bleachers had arrived and bids for setting up the bleachers were available; choosing of a contractor was expected to take place during the next week; and, security camera options would be reviewed in the near future. I-7d. Stranded Gas Committee -- No report. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 16 ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported: · Reminded council of a work session scheduled for November 12 to review applications for the city manager position. Reminded council of a work session scheduled by the airport consultant for November 18 beginning at 3'00 p.m. She noted, moving the session to 1:00 p.m. had been requested. Council had no objections to moving the session to 1:00, however it was noted several may not be in attendance until later in the afternoon. · Asked to reschedule the review of video by Paul Gray "Exploring Kenai" for 12'30 p.m. on November 18. There were no objections. · She and Council Member Moore participated in a question/answer session on the radio. · Referred to a memorandum included in the packet from Finance Director Semmens related to health insurance. Semmens reviewed the memorandum with council and stated, though he did not believe the code required council's input to allow administration to change the insurance plan but he would rather council be on board if a change is made; he will need a decision by the first meeting in December; and, he would be meeting with representatives from Blue Cross and members of the employee insurance committee next week to discuss the issue further. Ross suggested, after Semmens meets with Blue Cross and the employees, a work session be set for council to review the options. Council consensus was for administration to bring costs and options to them for review either through a work session or as a meeting agenda item. · She invited council to attend a presentation being made on December 1 by a representative from a branding company. She noted members of the Chamber of Commerce and the KEDS group had also been invited. The presentation would take place at 3:00 at the Visitors Center. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- Semmens noted Information 3 included purchase orders in the amount of $2,500 t° $15,000 as requested by council. He also noted Acting City Manager Kopp would be back in the office on Monday. K-2. Attorney -- Graves referred to his memorandum in the packet noting amounts collected from Permanent Fund Dividend attachments for unpaid traffic fines. He added, it appeared the total collections for the city would be at least $25,000 or 83% of what was possible this year. City Clerk-- No report. ITEM L: DISCUSSION KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 17 L- 1. Citizens -- Mya Renken, 41052 Kalifornsky Beach Road, Kenai-- Reported she is the Vice Chair of the KEDS Team and thanked Andy Varner for his assistance in transitioning the group from planning to an action team. She wished Varner well in his new position. Renken also reported Emily DeForest was elected Queen of Kenai. L-2. Council Porter-- Requested administration to investigate whether funds would be available in the airport supplemental plan project fund for the consultant to review plans for future development along the highway, i.e. Lawton Acres, etc. Administration was requested to report back with the information at the November 16 meeting. Moore -- No comments. Swarner -- · Questioned progress of Wellhouse No. 4. Semmens reported Public Works Manager Komelis was working with the testing companies related to the removal of arsenic. Swarner requested Komelis forward a report on the status of the issue. · Asked when a new VISTA Volunteer would be chosen and VISTA Volunteer Varner stated January. Reported she would be meeting with representatives of the Rasmuson Foundation while attending the AML Conference. She requested she be informed of ideas for more projects that could be funded by the Foundation. Massie -- Noted there had been a number of comments related to the Wal-Mart lease application on the radio talk show and there were some misconceptions and lots of ideas stated. He asked, since it would be the biggest project for some time in Kenai, if there were plans to inform the public on the project, i.e. site plan, etc. in order to educate the public. Porter noted information could be acquired at city hall at any time; council Could be called; and the issue would be before the Planning & Zoning Commission. She asked ff Massie was suggesting a town meeting and Massie said he believed something like that would be good where people would be more comfortable to ask questions. Porter noted, there would be two public processes in which to review the issue and was not in agreement to hold a town meeting as it is has not been done for other businesses moving into the city. She added, she and Moore had been on the radio, KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 18 there had been articles in the paper, phone calls, electronic mail, etc. Porter noted, public hearings would be held at the Planning & Zoning Commission meeting as well as council and felt there was plenty of public access. Ross -- Asked if the Wal-Mart issue was required to go to the Airport Commission for review and was told it did not. Molloy -- · Thanked Andy Varner for his assistance and efforts on the KEDS group. · Thanked council members for meeting with him individually to help him get up to speed on issues before them. · Thanked administration for providing him with information to make it more easily accessible to the public. He noted, he received the electronic file for the proposed site plan, etc. and he placed it on his personal web page. · He suggested in some point of the Wal-Mart lease process, an opportunity could be made for a public work session on the issue. He added, he agreed with Massie's comments. Boyle -- No comments. EXECUTIVE SESSION-- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:24 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not moue or second items during a council meeting. KENAI. ALASKA '210 Fidalgo Avenue, Kenai, Alaska 99o-~ ;-,, ~., ~ Telephone: 907-283-7535/FAX: 907-283-3014 '1111' MEMo: TO: Mayor and Council FROM: Chuck Kopp, Acting City Manager DATE: October 14, 2005 SUBJECT: Wetlands Sale Discussion On October 12, 2005 the City of Kenai received an email from Alaska Conservation Fund Director Brad Meiklejohn. Meiklejohn reviewed the City Council minutes of the September 7, 2005 meeting and realized there was a mistaken impression that the Council had one year to decide on the Conservation Fund offer to purchase City wetlands. He clarified that the Conservation Fund had to complete any potential transaction by August 22, 2006 or they would lose the funding available for the transaction. Meiklejolm asked that the City of Kenai respond to him no later than October 3 I, 2005 regarding the Conservation Fund offer to purchase wetlands. I lett a message for Meiklejolm, asking that the City be able to reply by November 30, to provide our new Council members .oppommity to review the attached information concerning wetlands, and discuss the issue with Council members and the public. Please review the attached City Attorney's 9/15/05 memo to council concerning Conservation Easements. I plan to bring this item to the attention of Council as a Discussion item at the November 2, 2005 Council meeting. Page I of.1 . City Manager - From: BraclMeiklejohn~aol.com Sent: Wednesclay, October 12, 2005 10:33 AM To: City Manager; Cary Graves Subject: Proposecl Sale of City Wetlancls Dear Sirs, In reviewing minutes fi'om the City Council meeting on 9/7/05 it appears that I need to con'eet a mistaken impression regarding our offer. The Conservation Fund must complete any potential transaction by August 22, 2006 or we will lose the funding that we eutrmfly have available. In our experience even the simplest transactions can be quite time consuming. We have recently received inquiries from property owners whose propemes are of conservation significance to us. While our fn'st preference remains the wetlands owned by the City of Kenai, we may need to switch to another project rather than risk losing the fUnds altogether. I ask that the City respond to me no later than October 31 2005 regarding our offer to purchase wetlands. ' Sincerely, Brad Meiklejohn Alaska'Representative The Conservation Fund 2727 Hiland Road Eagle River, Alaska 99577 (907) 694-9060/9070fax wWW. conservation fun d_:on, The Conservation Fund Rated.4+- TAe Top Environmental Non. Profit in the Nation - by the American Institute of PMlan th ropy Notice: Thin enroll millage, including any lttachfnmlts, il for the note ual of the r~llntl to whom it Il addmlaed, and may e.4mllin Infonnatlon that ts prolx'l~, prlvl~ anchor c. aa;'~L ff you ale not the Intended memtwe, pleasm contact the aendee IW fupiy uae, dladoaum, or elicit#Nation ia ~ am, may ee sue#et to legal aanellon& AlOmugh mia edmal and am/attactmmms am Imaev~ of the rletplm~ to tlmUm thlt it II vlrul frae and no mponllblllty Il accepted by · (;;onllevatlon Fund for any loll ol" dlln~-~ KENAI. ALASKA 210 Fidalgo 'Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak, us MEMORANDUM TO: Mayor Porter and Councilors FROM. ('/~ Cary R. Graves, City Attomev DATE- September t5. 2005 RE: Conservation Easements The Conservation Fund has proposed buying or acquiring a conservation easement 'in approximately 745 acres of wetland property next to the Kenai River. During the last meeting, a question came up regarding the City's liability for violations of' the restrictions in a conservation easement. Alaska has adopted the Uniform Conservation Easement Act' (AS 34.17.010-060) that establishes the ability to grant conservation easements in this state. The entity acquiring the easement is the "holder" of the easement. The city would be the "grantor" of the easement. Both the holder and the grantor have enforcement responsibilities under a conservation easement. The holder has the obligation to monitor the property, to ensure the grantor has not created or allowed any violations of the easement. The grantor is responsible for not creating or allowing any violations of the easement. If' the holder discovers a violation, it can demand the grantor fix the violation at the grantor's expense. If the grantor does not fix the violation, the holder can sue to get a court order to require the grantor to fix the violations. The grantor may also be liable to the holder for damages a violation causes for loss of scenic, aesthetic or environmental values of the property. Here's an example. Let's assume a property owner granted a conservation easement to a group that promised not to log a piece of timbered property. If the property was logged in violation of the easement, the easement holder could sue to require the property to be reforested by planting new trees and also for damages to the scenic, aesthetic or environmental values of the land. I have attached a "Model Conservation Easement" for your infom~ation. Paragraph 6 of tha document contains the easement holder's remedies against the property owner for violations of the easement. I have also included a fact sheet summary regarding conservation easement. Please let me know if you have any questions. MODEL CONSERVATION EASEMENT Natural Lands Trust (610) 353- 5587 Source: Diehl, J. and T. Bam'ett. "The Conservation Easement Handbook". For. theTrust for Public Land and the Land Trust Alliance. Washington, DC. MODEL CONSERVATION EASEMENT Model Conservation Easement Note: The boxe~l numbers inserted in the text of the easement correspond with the subhea~ling numbers in the commentary that follows. D~ OF CONSERVATION EAS~~T , THIS GRANT DEED OF CONSERVATION EASEMENT is made this ~day of .. 19_..., by alxl ~ '--'----- address at husband anti wife, having an ("Grantors~), in favor of a non profit rstate of incomorationl corporation [qualified to do business in - '- - having an address at "Grantee"). ~ - WlTNESSETH: WHEREAS, = grantors are the sole owners in fee simple of certain real property in . mom particularly described in F_.xhibC~~ this reference (the "Property');, and WHEREAS, the property possesses alues (collecl~ely, 'conservation values") of gmat importance to Grantors, the people of rcounw, locale. or reaionI _ And the people of the State of "' - - . WHEREAS, in particular, -- WHEREAS, the specific conservation values of the Property are documented in an inventor/of relevant features of the Property, dated po , maps, photographs, and other docu. msatation that the parties agree provide, collectively, an accuse representation ofl~e Property at the time of this grant and which is intended to sene as an objective information baseline for moniloring compliance with the terms of this grant; ~ ~ WHEREAS, Grantors intend that the conservation values of the Property be prese~ and maintained by the continuation of land use patterns, including willtout Ilmilation, those relating to. - .' ....... ' ' ~ Existing at the time of this grant, that do not significantly Impair or interfere with those values; and UODEL EASEUENT WHEREAS, Grantors further intend, as owners of the Property, to convey to Grantee the rigi~t to I~reserve and protect the conservation values of the Property in Perpetuity; ancl ~ WHEREAS, Grantee is a publicly supported, tax-exempt nonprofit organization, qualified under Section 501(c)(3) an~l 170(h) of the lntemat Revenue Code, whose primary PUrl=ose is a i n ' f " ; and WHEP, EAS, grantee agrees by accepting this grant to honor the intentions of Grantors stated herein and to preserve ancl protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come: ,, NOW, THEP, EFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the lows of r · and in particular _rs~ecjfi_c state statutory authontvl , G~antors neret3y voluntarily grant and convey to Grantee a conservation. ~-sement in perpetuity over the Property of the nature and character anct to the extent hereinafter set forth ('Easement"). 1. E.IJi3ZO.~... It is the purpose of this Easement to assure that the Property · ondition and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property. Grantors intend that this Easement will confine the use as are consistent with the purpose of this Easement. ,, ' 2. R~hts of Grantee. To accomplish the purpose of this Easement the following rights am conveyed to Grantee by this Easement: a. To preserve and protect the' conservation values of the Property; b. To enter upon the Property at reasonable times in order to monitor Grantors' compliance with an=l othenvise enforce the terms of this Easement; provided that such entry shall be upon pdor reasonable notice to Grantors, and Grantee shall not unreasonable inte~re with Grantors' use and quiet enjoyment of the Property;, and c. To prevent any activity on or use of the Property that is inconsistent wi~ the purpose of this Easement and to require the mst=ration of such areas or features of the Property that may be damaged by any inconsistent activity or use, pumuant to paragraph $. ,, ' 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses am expressly prohibited: [Insert Express Restrictions] MODEL CONSERVATION EASEMENT 4. Reserved Riqhts. Grantors reserve to themselves, and to their per- sonal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including t~e right to engage in or permit or invite others to engage in all uses of the Property that are not expressly pro- hibitecl'hemin and are not inconsistent with the purpose of this Easement. [W'~out limiting the generality of tlie foregoing, the following rights am expressly mserved:l ,, [Insert Express Reservations, if desired] ,, 5. . The purpose of requiring Grantors to notify Gram~,e prior to undertaking certain pmm~d a~es, as provided in pamgrap~ , is to afford Grantee an opportunity to ensure that the acCrUes in question are designed and camed out in a manner consistent'with the purpose of this Easement. Whenever not~ce is required Grantors shall notify Grantee in writing not less than re.a., sixty (6011 _ days prior to the date Grantors intend to undertake the activity in - question. The notice shall describe the nature, scope, design, location, timetable, an~l any other material aspect of the proposed acl~ty in suffident detail to Permit Gran~ to make an informed judgement as to its consistency with the propose of this Easement. 5.1 Grantee's Aoomval. Where Grantee's approval is required, as set forth in paragraphs -- '-Grantee shall grant or withhold its approval in writing within re.e., sixty (601i Days of receipt of Grantors' written request therefor. Grant-eels approvaI m~v be withheld only upon a reasonable ~delermination by Gran~ee that th~ action as proposed would be inconsistent with of this EasemenL ,, violation_6f __ ' . If Grantee determines ttmt Grantors are in the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantors of su~ violation and demand corrective action sufficient to cure the violation and, where the violation involves injun/to the Property resulting from any use or actWity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured. If Grantors fail to cum the violation within re.a_ thirty (30}1 Days alter receipt of notice thereof from Grantee, or undel; cimumslances wt~re the viola~n cannot reasonably be cured within a rthlrN (3011 Day period, fail to begin curing such violation within the [thlrlv (301] -Day-pe~-od, or fail to continue diligently .nSUCh ~lati.'on untilifina~ cU~d, Grame may bring an action at law or in a court ot competent juri~ictlon to enforce the tern= of this Easement, to enjoin the violation, ex parte as necessan/, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement of injury to any conservation values protected by this Easement, Including damages for the loss of scenic, a~etic, or envimn~ml. MOOEL EASEMENT ink, to any such Injury. Wllhout lindting Gran~=' liability therefor, Grantee, sole discretion, may apply any damages recovered to the cost of under- taking any corrective action on the Property. If Grantee, in its sole discretion, determines that circumstances require immeciiate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraptt without prior notice to Grantors or without waiting for the period provided for cure to expire. Grantee's rights uncler this paragrap~ apply equally in the event of either actual or threatened violations of the terms of this Easement, anc:l Grantors agree ~at Grantee's remec~ies at law/or any violation of the terms of this Easement are inadequate anti that Grantee shall be entitled to the injunctive relief described in this paragrapl~, both proi~ibitive and manctaton/, in addition to such other terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available Jegat remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or l~ereafter existing at law or in equity. =~ 6.1 Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Easement against Grantors, including, without limitation, costs of suit ancl attorneys' fees, anti any costs of restoration necessitated by Grantors' violation of the terms of this Easement shall be borne by Grantors. If Grantors prevail in any action to enforce the terms of this Easement, Grantors' costs of suit, including, without limitation, attorney' fees, shall be ix)me by Grantee. =~ 6.2 Grantee's Discretion, Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any broach of any term of this Easement by Grantors shall not be deemed or construed to be a waiver by Grantee of such term or of any subs~uent broach of the same or any other term of this Easement or of any of Grantee s rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantors shall impair such right or remedy or be consb~ed as a waiver. 6.3 Waiver of Certain Defenses. Grantors hereby waive any defense of laches, estoppel, or prescription.. - · 6.4 Acts Beyond Grantors' Control, Nothing contained in this Easement shall be construed to entitle Grantee to bring any' action against Grantors for , any injury to or change in the Property resulting from causes beyond Grantors .control, including, without limitation, fire, flood, storm, and earth movement, or Tram any pmclent action taken by Grantors under emergency conditions to Pcam~e;st; aabate, or mitigate significant injury ,o the Property resulting from such 7. ~a~.,S.2. No right of access by the general public to any portion of the Property is conveyed by this Easement.. MOOEL CONSERVATION EAS~~T 8. Costs and Liabilities. Grantors retain all responsibilities and shall bear ~,co~_a,_n_d_lia_b?!b?.? of.any k~nd rel.a .t~l to.the ownership, operation, upkeep, m.; mm~mnance Or me Hmperty, incmding me maintenance of adequate comprehensive general liability insurance coverage. Grantors shall keep the Property free of any tiens arising out of any work performed for, materials furnished to, or obligations incurred by Grantors. 8.1 ~qZg. E. Grantors st~ail pay before delinquency ail taxes, assessments, fees, and charges of whatever description levied on or assessed against the .Property by competent authority (collectNely 'taxes,), including any taxes ~mposed upon, or incurred as a result of, this Easement, and shatl furnish Grantee with satisfactory evidence of payment upon request. [Grantee is authorized but in no event obligated to make or advance any payment of taxes, upon re.a., three i3)! Days prior written notice to Grantors, in accordance with any bill, statemen~,~r estimate procured from the appropriate authority, without inquiry into the validity of the taxes or the accuracy of the bill, state- mom, or estimate, and the obligation created by such payment shall bear interest until paid by Grantors at the lesser of.._._ percenta e oints over prime rate of interest from time to time c~,~---- ,... , .... gl .P_ . the .,~u uy meslanama oankl ortho maximum rate allowed by law. J 8.2 Hold Harmtes_s. Grantors shall hold harmless, indemnify, and defend Grantee and its members, d/rectors, officers, employees, agents, anti contractors and the heirs, personal representatives, successo . (collective 'In ' . , . rs, and a. sslgns of each of them JY demmfied Parties ) from and against all I/abilities, penait/es, costs, losses, damages, expenses, causes of action, claims, demands, or judg- ments, including, without limitation, reasonable attorneys' fees arising from or in any way connected with: (1) Injury to or the death of any pe~on, or physical damage to any property, resulting from any act, omission, condition, or ...,n~___r ?!ated. ~ o.r o..ccurring on or about the ProperW, reoardle,, .,....th-er obligations sped~ed in pa'~~~'a~-~Y~°-~ mo ,n,emnified Parties; (2} tho - u ~, .0 43.~; and (3) the existence or adminis b'alion of this Easement. ~ - 9. Extfnouishmem, If circumstances arise in the Mum such as render the purpose of this Easemen~ impossible to accomplish, this Easement can only be terminated Ir extinguish~, whether in whole or in part, by'judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior cta~, from any sa/e, exchange, or involuntary conversion of all or any portion of the Property subsequent to such terminmion or extinguishment, shall be detemtined, unless otherwise provided by ~ law at the time, in accon:lan~ with paragraph 9.1. Grantee shall use all such proceeds in a manner consistent with the conservation proposes of this grant, a -, · g.1 Pmceed_s. This Easemem constitutes a real property interest/mrnedi- alely vested in Grantee, which, for the purposes of paragraph 9, the parties stlpuM~ to have a fair market value determined by multlp · the fair value ofthe Pm ~ ' market perry unencumbered by the Easeme ' , value after the date of this ,rant ~,,.,-,-,- .- ,-- nt (minus any increase in = a,~,uu~ulu u~ Im roveme · P nts) by the ra~ of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. The values at the time of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by mason of this grant, pursuant to Section 170(h) of the Internal Revenue Code of 1954, as amended. For the purposes of this paragraptL the ratio of the value of the Easement to the value of the Property unencumberecl by the Easement shall remain constant. 2~ 9.2 Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. ~o 10. Assiqnmertt. This F-~_~,~ __,~,w is tmmfemble, b~ Grana~ may assign ils ri~ and oblisa~ons uad~ this Easemeat only to an ~or~,~_ i~!_'~ fl~t is a qualified or~anmfion a the time oftmmfer under Section 170(h) of the blmml Revenue Code of 1954, as amended (or any mccessor provision then applicable), and the applicable resutafions pmmulsa~ themmder, a amhodmi to acqu~ and hold conservation easemm~ under (state statute! (or any successor pro. ion then applicable). As a condition of such a-aasf~r, Gma~ shall requ~ d,,at the cons~vation purposes that this IFam is iar~ad~ to advaam comim~ m be camed OUt. ~ 11. Subseouent Transfel~. Granto= agree m iz~:o~ the terms of'this Ea,sem~ in az~ deed or otizr legal ~ by which they divest ~mselves of any inmmst in all or a porriea of the Property, inc~ widx~ timi~~ a leasehold inter~. Gtanm~ ~ agree ~o give wrimm notice to Grantee of the a-~asfer of any ~ at least [e.~.. twenw (20)] days prior to the date of mca transfer. The ~ of Caamots to pett:m~ any act tequi~l by this pa.agzaph shall 12. Esto_ _m~t Ccrtificatc~. Upon tequeat by ~ Graa~ shall within [e.g.. twenty r20L1 da~ exect~ and deliver to grams any documeat, ~ludi~ of Granto= contorted in this Easem~ and otherwise eviden~ the status of this Ea,semcm as may be requesa~ by Grantors. ~ 13. lglai~. ~ amice, dema~ reque~ coment, appm,aL or ~_,~_'~ that either party desires or is mltm~ to give to the other siatl be i~ writing and eitlzr se,~ penally or seat by f=t class mail, potage pzemid, addassed as follows: To Grantors: MOOEL CONSERVATION EASF~ENT To Grantee: e. No Forfeiture. Nolt~ing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. f. Joint Obllaation. The obligations imposed by this Easement upon Grantors shall be joint and several. g. Successors. The covemz~ re:ms, conditions, and rcstnctio~ of ,ora o, or to such other acldmss as either party from tie to time shall designate by written notice to the other. ~, 14. Recorctatio_n. Grantee shall mcorcl this instrument in timely fashion in the official recorcls of County, rstatel _ And may m-record it at any time as may be mquimcl to' preserve its rights in this Easement. 15. General Provisions. a. Controllina Law. The interpretation and performance of this Easement shall be govemect by the laws of the State of [stateJ _. b.. Uberat Constmctior!. Any geam-al rule ofco~ to the contrary notwithslaading, this F..~ _~¢,__,~ shall be liberally comlmed in favor of ~ grant to effect the purpose of this Easement and the policy and propose [state sta_mte[. Ifany provision in this iz~mmz~ is found to be ambiguom, an ~on consistent with the purpo~ of this Easement that would render the provision valid shall be favored over any inteqxe~on tha~ would render it inraiid. c. Severdbili~. II'any provision o£ this Easement, or the application thereof to any person or c~ Ls found to be inraiid, thc remainder of thc provisions of this Ea.seme~ or the application of such provision to persons or cizctm~,_c,~s__ oth~ than those as to which it is formal to be invalid, as the case may be, shall not be ~ thereby. d. Entire Aareement. ~ in,wume~ sets forth the en~ agreement of the parties with ~ to the F~_ _~n~_ ~ and supersedes ail prior nesotiatioas, uad~madia~ or asreem~ relating to the R~__ _~-m__~,,~ all of which are merged heron. [No alter~on or variation of this ~ st~ be valid or MODEL EASEMENT solely for c~nvenience of'reference and are not a part of this immmmt a~i shall ... have no =Eect upon comtmcnon or mt=premaon. j. Countemarts_. The parties may execute this instrument in two or more counterparts, which st~atl, in the aggregate, be signed by both parties; eact~ counterpart shall be deemee an onginat instrument as against any party ~ has signed it. In the event of any disparity between the counterparts pmctucect, the recorcled counterpart shall be contmllinq. ~ forever. TO HAVE AND TO HOLD unto ~3rantee, its successors, and assigns 37 IN WITNESS WHEREOF Grantors and Grantee have set their han~ on the clay and year first above written. Grantors - 8y Grantee - [Acknowledgments] its . [Official CaDacitv_] _ ~, Ae B. orC. lC. orO. SCHEDULE OF ~IBIT$ Legal Description of Property Subject to Easement Baseline Documentation] Site Descriptions/Map Identification of Prior Mortgage MOOEL CONSERVATION EASF~ENT Supplementary Provisions ~, (Paragraph numbers indicate relative position in model.) [5.2] Arbitratio_n. Ifa dispme arises between d~e parties concerning coasis~acy of any proposed use or activit7 with the papose of this anti Grantors agr~ not to proc~ti with the use or activity ~ r~l~ of the disp~, either party may refer the ctisput~ to arbi~on by reqt~ ma~ in ~ upon th~ oth~. Within [_e.g.. thfttv f30)]_ days of ti~ r~pt of~ ~ request, the parties st~ll select a.singlc arbor to hear the mailer. If the parties are unable to agree on thc selection ora single arbitrator, then eacl~ party shall name one arbi~r and the toro arbi~rs ~hus selec~t shall selec~ a rigrd arbor;, pmvid~ however, if eiltzr party fails to selec~ an arbilxamr, or iffl~ two arbilxalors selec~ by ~he parties fail to selec~ ~he flgid arb~ within [e.g.. fom-te__en ( 14~1___ days a/~ ~he appoinlme~ of the second arbi~, th~n in each such inslance a proper court, on pelilion of'a party, shall appoi~ ltz second or fld~ arbilra~r or boltx, as the case may be, in acr. ordance with .[tlillll arbi~ion s~___~_ne~, or any ~r mm~ fl~m in e~ The mam~ shall be selfled in acco~¢ with the [state arbilra~o_n statute or other a~m'on~ate body ~ then in effect, and a judgm~ on 1~ arbi~ award m~ b~ ~ i~ addition to tach other relief as may be gxam~ m a reasonable sum as and for all W arbi~r(s) and any court ofco~jurisdiclion tha~ may be called ul~n m enf'o~ or review the awanL ~ [B~ween 9 and 10] Ammdmen~. If~~,,,_e~__ ads~ und~ which an am~_~m_~t ~o or modificalim of~ l:x _~m_~ would be appropm~ Gmn~s and Glmuee are free m jointly ~ ~ Easement; provided tl~ no an~ndmenl si~ be allowed fl~x will aff'ec~ ~1~ qu~i~__~_'~ of flis ~,_ _~m___~ or the roms of Cuam~ under any applicable laws, inc~ fsmt~ smu~__l or Se~on 170(h) oflhe lnlm'nal Revenue Code of 1954, as _sm__~__d_~_. and any am~tm~ shall be ~ with the p~pose offlis ~en~, and shall not ~ its perpetual dumiion. Any such am~ shall be nx:onted in the offf~ recox~ of _ Count~, _rstate] _. ,, [10.ii Executory I_im~lion. IfGran~ shall cease m exist orm be a qualif~ organimion mt~ Seciion 170(h) of the ~ Revem~ C_xxle of 1954, as am~ded, or to be aufl~rized to ac, qui~ and hold con.s~rvalion _ese-m_ _,mt~ ung~ [state statute], and a l~ior s_~~_~,~__ is not made ~ m ?,s__~~ 10, ~ C..san~s dghIs and oblisaii~m und~ ~ ~:~_ _,,m_ ~ shall I~onz '~~~tely ves~ in [desi~st~.back. u~ t,r'~r~]_. If I'desi~t~ mdet rigs P~_ _e~___e~t would oltzre, i~ vest in it, or if l'desi~nsted back-tm _~am~el__ is not qte~ed or,~_,~__~~ m hold ~sereaiioa ~ _,,~,.,,,~ as MODI~L EASEMENT rights aud obliga~as, then ti~ righ~ and obligazions under this F~_ _~___,,,_, shall v~: in such or~nizan'on as a court of compe~=.nmsdiction shall dire~ pursmnt to the applicable [state] law and with due regard to the requirements for an assignment pursuant to p _atagraph 10. ,~ [Between 10 anti 11] SuborOination. At the time of conveyance of this Easement, the Property is subject to the mortgage identified in Exhibit ~ attached hereto and incorporated by this reference, the holder of which has agree~l by separate instrument, which will be recoraed imme~liately after this Easement, to subordinate its rights in the Property to this Easement to the extent necessary to permit the Grantee to enforce the purpose of the Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the mortgage holder. The priority of the existing mortgage with respect to any valid claim on the part of the existing mortgage holder to the proceeds of any sale, condemnation proceedings, or insurance or to the leases, rents, and profits of the ,P. mperty shall not be affected thereby, and any lien that may be created by Grantee s exercise of any of its rights under this Easement shall be junior to the existing mortgage. Upon request, Grantee agrees to sui3orclinate its rights under trois Easement to the rights of any future mortgage holders or beneficiaries of deeds of trust to the process, leases, rents, and profits described above and likewise to subordinate its rights under any lien and to execute any documents required with respect to such su~rdination, except that the priority of any lien created by Grantee's exercise of any of its rights uncter this Easement prior to the creation of a mortgage or deed of trust shall not be affected thereby, nor shall this Easement be subordinated in any other respect. ,, Conservation Easements, CDFS- 1261-98 Ohio State University Fact Sheet Community Development 700 Ackerman Road, Columbus, OH 43202-1578 Page I of 4 Conservation Easements CDFS-1261-98 Land Use Series Peggy $chear Thomas W. Blaine A conservation easement is a restriction placed on a piece of property to protect the resources (natmal or man-made) associated with the parcel. The easement is either voluntarily sold or donated by landowner, and constitutes a legally binding agreement that prohibits certain types of development (residential or commercial) from taking place on the land. The purpose of this fact sheet is to answer a number of frequently asked questions about conservation easements. For specific information on the purchase and sale of conservation easements, see OSU Extension Fact Sheet, Purchase of Development Rights (PDR), CDFS-1263-98. Frequently asked questions: Conservation Easements W'nat is an easement? Ownership of a piece of property may best be described as a "bundle of rights." These rights inolud~ th~ . c,---- . ,~,, ......~ w.~ .j aomcone WtlO (Ioes not o --- used for years ~o provide govemmen=, ut/l/ties o-,~ --.--~--- ._~_~.w~. the.!.and. Ea?ements have been An ' .. , ..,.,. ,,,aa,~uvc mmismes wnn c~ prop ri easement ctml · · p ts the holder ccrmm rt,,h+, .-......~:=--,- ,-_- .... erty ghts. ,,,.,~...;.:_ ..;a._ ~__., ~_, ...... ~ ,-s,,,ums m= man mr specmea p oses while · ,..,,-,o,,,~, ,,,,,,, ~,au ~vn~tns wire me private property owner, urp the '~at is a conservation easement? A conservation easement is designed to exclude certain activities on private land, such as commercial development or residential subdivisions. Its primary purpose is to conserve natural or man-made Conservation Easements. CDFS- 1261-98 Page 2 of 4 resources on me land. The easement itself is .typicallv described in terms of the resource it IS designed to protect (e.g., agnc'ultural, forest, historic, or open sp~ce easements). ... The easement is a legally binding covenant that is publicly recorded and runs with the property deed for a specified time or in perpetuity. It gives the holder the responsibility to monitor and enforce the property restrictions imposed by the easement for as long as it is designed to mn. An easement does not grant ownership nor does it absolve the property owner ~Tom traditional owner responsibilities, i.e. property tax, upkeep, maintenance, or improvements. What does an agricultural easement cover? An agricultural easement is a specific type of conservation easement, designed to protect land from development and insure that the use of the land will remain conducive to agriculture in ti~ futut~. Agricultural easements are designed to ,me..et. the needs of the propert~ owner. They may in¢lud~ provisions for limited development for tm~ldings such as barns, and housing for children and grandchildren who wish to stay on the farm. They may exclude certain sections of the farm from the easement entirely. As with other types of conservation easements, agricultural easements basic, ally limit or prohibit the land from being developed for residential or industrial purposes regardless of who owns the land in the future. What are the tax implications of conservation easements? If an easement is granted in perpetuity as a charitable gift, some federal income and estate tax advantages usually accrue. These tax savings may be substantial, and are often cited as a major famor in andown, ers.dec,s,o.n_s .to dona.re easements. The. 1997 federal tax law specifies estate easement donation opnons ~or mrms w~th/n 2//miles of a me ., .... .__~ . .. tropohtan area. Property tax benefits are state an Ino_nih, u=~crmmca aha may va tzontact an atto d implications ry. mey knowledgeable about land-use law for specific tax Who can grant a conservation easement? The owner of the property is the only one who can decide to place a conservation easement on his or her property. When a property is owned by several individuals, ail owners must agree to place the easement. If the property is mortgaged, the mortgage holder must also be in agreement for the easement to be placed. A conservation easement is a voluntary land-protection tool that is privately initiated. Who holds the easement? A conservation easement is designed to protect a property according to the owner's wishes. Since the easement is generally granted in perpetuity, it is necessary for an outside party to be responsible for the emorce me aanerence of current and furore property owners to the ~ of the Typically, easements are held by local government agencies, land trusts (see OSU Extension Fact Sheet, _Land..T .rests, .CDFS.-!2fi2-98) o~r other nonprofit organizations designed to hold them. Since the. on~emnt;ennln~.am~~to Ln~ac~e off...e~.e..m, e..n.~ff_e~ ,qu?s..personnel inputs in perpetuity, easement donors -, ~..,,-,,,~ ,,,,~a~,~u auppor~ zor me easement ii-it is held by a nonprofit organization. Designating both a govemment agency and a nonprofit or land trust as co-holders of the easement is an eal~~~mma~~~s~ ;¢~~~u~d~~~b~y aea~,~e,,m.~.e,d__n~a____Y_be_ ~¢c1=¢cI in ¢~rtain pubI~¢ programs wherein the ,- : s,,.,.,,,,~ut pm~=rvauon program or organization. Conservation Easements, CDFS- 1261-98 Pag~ 3 of 4 Is land under a conservation easement considered PUblic propern,? The easement can restrict or permit certain public uses of the land. Aa easement does not have to permit public access at all. The decision to allow public access is left to the individual property owner who places the easement on the property. It.is important to emphasize that land covered by a conservation ~ easement is still privately held land, with the only restrictions on land use being those des~ by the owner who places the easement on the property. Certain government initiated easement programs may require some public accessibiliw in order to meet tax requirements so it is necessary to investigate the public access requira=ents before writing the easement. What are the responsibilities of the easement holder? Whether the easement holder is a public or nonpro~t organization, the holder has the responsibility to enforce the requirements stipulated in the easement. This responsibility generally includeS: a. Establishing baseline documentation through ensuring that the langua e of the and enforceable, der . . g easement is clear · eloping maps, property descnpnons and baseline documentation of the property's characteristics. b. Monitoring the use of the land on a regular basis. ~ may require personal v/sits to the prOperty to enm~ that easement restrictions are being upheld. c. Providing information and background data regarding the easement to new or prospective property owners. d. Establishing a review and approval process for land activities sti uhted in e e. Enforcing the restrictions of the easement th,,,,,., .~.. ~___, ..... ?_ .. asement. --~,,,,~Su ua~ i~li lty~l¢lll 1I nt~,,~ial~' f. Maintaining property/easement related records. Where can I get more information about conservation easements? American Farmland Trust, 1920 N St. NW, Suite 400, Washington, DC 20036 phone 202-659-5170 Land Trust Alliance, 1319 F St. NW, Suite 501, Washington, DC 20004 phone 202-638-4725 Tms~ for Public Land, 116 New Montgomery St., 4th Floor, San Francisco, CA 94105 phone 415-495. 4014 Where can I read about conservation easements on the World Wide Web? h~_ ://www. f~la~4~o~ References Conservation £a=ements. Fact sheet. Land Trust Alliance: Washington, D.C. 2oughlin, Thomas A. 15}91. "The use of easements for land conservation and historic preservation.,, Pennsylvania £and Trust Handbook. Chesapeake Bay Foundation. Conservation Easements. CDFS- 1261-98 Page 4 of 4 Daniels. T. and D. Bowers. 1997. Holding Our Ground: Protecting America"a Farms and Farmland. Washington DC' Island Press. Diehl, J. and T. Barnett, eds. 1988. 27~e Conservation Easement Handbook. Alexandria, VA: Land Trust Alliance and Trust For Public Land. Land and Stewardship. Sprin~, 1995. Conservation Stewardship Office, Vermont Land Trust: Woodstock. VT. Mennito, Donna. Overview, agriculture tandpreservation program. Unpublished Mimeograph. Howard County., Maryland. Small, S.J. 1992. Preserving Family Lands: Essential Tax Strategies for the Landowner. Landowner Planning Center, Boston, MA. Waybum, Laane A. 1994. "Saving the forests for the trees, and other values." The Back Forty, The Newsletter of Land Conservation Law. Vol. 4, No. 5. All educational progtmm conducted by Ohio State University Extansion are availabla to climuele on a nondis~ basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Viemam~ veteran status. Keith L. Smith, Associate Vice Preside. at for Ag. Adm. and Director, OSU Extension. TDD No. 800-589-8292 (Ohio only) or 614-292.1868 [ Ohioline t Search[ Fact Shee~_ l Bulletin_s I City Manager From: Sent: To: Cc: BraclMeiklejohn@aol.com Tuesday, October 18, 2005 11:42 AM City Manager; Kim Howard Keith Komelis Subject: Proposed Sale of City Wetlands to The Conservation Fund Chuck, I got your message regarding the new city council and we are comfortable with your revised schedule for responding to our offer by November 30, 2005. Please advise whether my presence is requested at any of the meetings to discuss the particulars with the Council. Sincerely, Brad Meiklejohn Alaska Representative The Conservation Fund 2727 Hiland Road Eagle River, Alaska 99577 (907) 694-9060/9070fax www_.conservationfund, o_rg The Conservation Fund Rated A+ - The Top Environmental Non-Profit In the Nation - by the American Institute of Philanthropy Notice: This email message, including any attachments, Is for the sole use of the recipients to whom it is addressed, and may contain Information that Is proprietary, privileged and/or confidential. If you are not the Intended recipient, please contact the sender by reply emil and delete the original message without making any copies. If you are not the Intended recipient, unauthorized review, copying, use, disclosure, or clistrlbution Is Improper and may be subject to legal sanctions. Although this e-mall and any attachments are believed to be free of any virus or other defect that might affect any computer system Into which it Is received and openecI, it is the reslx)nstblllty of the recipient to ensure that it Is virus free and no responsibility Is accepted by The Conservation Fund for any loss or damage arising In anyway from its use. 10/19/2005 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 .www.ci.kenai.ak.us KENAI, ALASKA MEMORANDUM TO' Council Members FROM' Pat Porter, Mayor DATE: November 10, 2005 RE: CITY OF KENAI MI~-G~~ STEERING COMMITTEE As explained in the Overview/Procedures for the City of Kenai Mini-Grant "Selection" paragraph, "... Grant recipients will be chosen by the steering committee, appointed by the Council. The steering committee will include the Mayor, Kenai Economic Development member, one representative each from Kenai Central High School and the Chamber of Commerce." To that end, following are those persons who have stated their interest in serving on the Steering Committee for selection of grant recipients' Mayor . Kenai Economic Development Kenai Chamber of Commerce Kenai Central High School Pat Porter Penny Catty Janie Od§ers Mr. Reese Does Council wish to approve the persons listed above as members of the City of Kenai Mini-Grant Steering Committee? Z Z 0 0 0 0 0 0 I- Z Z i 0 (.,1 Z ::3 0 ~) Z LU I-- Z ILl Z (/3 (/3 U.I Z Suggested by: AdminisU- CITY OF KENAI ORDINANCE NO. 2133-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $36,370 IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND FOR REPAIRS AT THE FLIGHT SERVICE STATION. WHEREAS, the Federal Aviation Administration has authorized $36,370 to the City of Kenai for repairs and renovations at the Kenai Flight Service Station; and, WHEREAS, the City is willing to perform the needed repairs including crack sealing the parking lot, kitchen renovation, installation of doors, and exterior electrical receptacles. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Land System Special Revenue Fund Estimated Revenues: Federal Grants $36,370 Appropriations: Airport Land - Repair and Maintenance $36,370 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Seventh day of December 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (11/10/2005) hi Introduced: November 16, 2005 Adopted: December 7, 2005 Effective: December 7, 2005 Suggested by: CITY OF KENAI ORDINANCE NO. 2134-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000 IN THE GENERAL FUND FOR A STATE LIBRARY GRANT. WHEREAS, the State of Alaska has awarded the Kenai Community Library a grant for continuing education; and, WHEREAS, the Institute of Museum and Library Services funds the state grant; and, WHEREAS, the grant will be used to attend the Public Library Association Annual Conference. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Estimated Revenues: Library- State Grant $1,000 Appropriations' Library- Transportation $1,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Seventh day of December 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (11/10/2005) hl Introduced: Adopted: Effective' November 16, 2005 December 7, 2005 December' 7, 2005 KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 9961',-~ Telephone: (907) 283-7535 / Fax: (907) 283-3014 www. ci.kenai.ak.us Memorandum Date: To: From: Rte November 10, 2005 Charles M. Kopp, Acting City Manager Kim Howard, Assistant to the City Manager Lot 2, Block 1, Gusty Subdivision Assignment/Security Assignment of Lease and Amendment to Lea~e- Thomas Wagoner to Ma & Pa Alaskan Treasures, Inc. The City has received a request from Thomas Wagoner for approval of the attached documents allowing the transfer of the above referenced property to Ma & Pa Alaskan Treasures, Inc. The parcel is shown on the attached map. The lease allows for an assignment with the written consent of the City. The lease (entered into in 1970) did not specify a use for the property. The intended use is to continue as a retail/professional center as allowed in the General Commercial zone. The insurance required in the original lease is inadequate. As the older leases have come up for assignment, we have been requiting an amendment updating the insurance requirements. The assignment of the lease should be contingent upon the new lessee agreeing to amend the lease to incorporate new insurance requirements. Payments to the City are in compliance. However, property taxes are due to the Kenai Peninsula Borough in the amount of $6,831.48 as of November 15tn. In the past, Council has approved assignments of leases that are delinquent contingent upon the accounts becoming current prior to or at the time of closing. The City Attorney has reviewed the documents and has no objections to the forms. If Council approves the assigmnent and security assignment, an amendment will be prepared for your signature and the consents can be executed. Cc' Baldwin & Butler, LLC Attachments /kh lA lC TR. B GUSTY S ETOLIN SUBr' SHADURA TR. A SUBD 3 410 TR. C 1 ADD'N. NO. 8 4OO 1 oVERI Subject Parcel 81S 1 TR. 1 11312 BALDWIN BUTLER LLC FAX No, 907 28~ 84~5 ?, 002 C. R. Baldwin James lq. Buffer, l]I Lcshe Droubay Lawrence BALDWIN & BUTLER, LLC ATTORNEYS AT LAW. 125 N. Willow Street, Kenai, Alaska 99611 November 4, 2005 (907) 283-7.167 (907) 283-8435 (Fax) Klm Howard City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Re: Tom Wagoner Dear K~m: Our office represents Tom Wagoner in the sale of his commercial building located on land leased from the City of Kenai by a Lease Agreement dated August 20, 1970, recorded in Book 3 g at Page 210, Kenai Recording District. Mr. Wagoner desires to assign his lease to the buyer, MA & PA Alaskan Treasurers, Inc. The buyer plarm to continue the current use of the property as a retail/professional center. Attached for your review are copies, of the assignment of lease to the buyer, thc assignment of lease for security purpos~ and statement of use, consent to a~signment and consent to assignment for security purposes If these documents are acceptable, Mr. Wagoner would like to, have the City's consent to the assignments as the sale is conditioned upon the City's approval. . · Please let me know what other documents or steps need to be taken' to accomplish the City's consent. . 'Very truly yours, B~D .~r~ & B~ LLC~ . Hilda L. Spires Paralegal Enc. A_SSIGNMENT OF LEASE THIS ASSIGNMENT, cntcrcd into between Thomas Wagoner, whose address is 4040 Primrose Place, Kcnai~ AK 99611, hereinafter referred to as the Assignor; and Ma & Pa Alaskan Treasures, Inc., whose address is 11472 Kenai Spur Hwy, Kenai, AK 99611, hcrcin~er refen~ to as Assignee. Assignor does hereby assign, t~ansfer and warrant to Assignee all of his interest in the leasehold estate as evidenced by that certa/u Lease Agreement with City of Kenai, as Lessor, dated August 20, 1970, recorded in Book 55 at Page 210; Kcnai K¢cording District,. and cov.cmg thc following-described real property: Lot 2, Block 1, GUSTY SUBDMSION, according to Plat No. K-1700, Kcn~i K¢cordin§ District, Third Judicial District, State of Alaska. TO HAVE AND TO HOLD the' same from thc date hereof, for an during ail of. the retarder yet to come of thc term of said Lease Agreement. · ' . Assignee agrees to comply fully with ail thc terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN VvTINESS WHEREOF, thc said Assignor has hereto set his hand and seal this o , · Assignment of Lease Page 1 of 2 MA & PA ALASKAN TREASURES, INC. Assignee ' By: Title: Koben B. Loveal/ By: Title: · De~om Loveall' BALDWIN BUTLER LLC FAX No, 907 283 8~35 P, O04 STATE OF CALIFORNIA ) )$$. COUNTY OF ) The foregoing instrument was s ~ day of .. 2005, by Thomas Wagoner. . ~OTA~ pUBLIc IN AND FOP, CALIFORNIA R~si~g at _ ' . · Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT The forego~g im'mmaent was aelmowledged before me this day of 2005, by Robert B. Loveall, the ' of'MA & PA ALASKAN TREAS~S, INC., on behalf of thc corporation. NOTARY PUBLIC FOR ALASKA My Commi.qsion Expires: STATE OF 3ff.~SKA THIKD JUDICIAL DISTRICT The foregofiag imtrument was aclmowl~ged before mc.this day of 2005, by Debora Loveall, tt~ . of MA & PA ALASKAN. TREASURES, INC., on behalf of the corporation. · · ~TOTAKY PUBLIC FOR ALASKA My Commission Expires: · · · Kenai Recording District Remm to: Baldwin & Butler, LLC 125 N. Willow St Kenai, AK 99611 Assignment of Lease Page 1 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of )~k ~ ~~_._.~/E::~,¢___~ personally appeared , ~ p~rsonally ~own to m~ - O~ -~prov~d to m~ on ~o bssi, of satisfanto~ ~vid~ne~ to be th~ p~mon(~) COMM. NO. 1372285 ..~ R;VERSiDE COUNTY whose name(s) is/em-subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/her~t,b~ authorized capacity(4e~), and that by his~signatum(s) on the instrument the person(s), or the entity upon behalt of which the person(s) ac'tea, executed the instrument. WITNESS my hand and official seal. · OPTIONAL ........ Though the information below is not requirecl by law, it may prove valuable to persons relying on ~e document and could prevent frauclulent removal an~l reattact~ment of tills form fo another document. Description of Attached Document · Title or Type of Document:. ~ 5[~ ,,~~'~ Document Date: Signer(s) Other Than Named Above: _ _'~. Capacity(les) Claimed. by Signer(s) ,., Number of Pages:. ~ _/~r_ ~_.. Signer's Name: El Individual ' E] Corporate Officer Title(s): l"1 Partner --- El Limited n General I"1 Attorney-in-Fact El Trustee [3 Guardian.or Conservator I"1 Other: Signer Is Representing:. · _ _ Top ol fllumb hem Signer's Name: r-q Individual . E:] Corporate Officer TAle(s): 1'9 Partner--D I_imit~ E] General E:] Attorney-in-Fact E] Trustee F'I Guardian or Conservator C! Other: ....... Signer Is Representing: ToO of thumb here ~ 19~$ N~lia~a! Notary As~o~iatiell · 6Z.q~ Iqemmet Ave., P.O, Baa= 7184 - C, anog& PaJ~, CA 81308-718¢ Prod. Ne..6907 ReO~M Call T011-Free 1-800-876~ · 2.'""]F.:/'N0?,"O4/FEr "'18 AM Bg~LDWIN BUTLER LLC FAX No, 907 283 8435 ?, 006 ASSlGNME_ NT OF.LEASE FOR SECUR/TY.pUI:~OSES Ma & Pa Alaskan Treasures, Inc., of I 1472 Kenai Spur Hwy, Kcnai, AK 99611, hereinafter referred to as the Assignor, for Ten Dollars and other valuable considerations, does hereby assign and transfer to' Thomas Wagoner, whose address is, 4040 Primrose Place, Kenai, AK 99611, hereinafter referred to as thc Assigncc, all of its interest in thc following-described lease, with the City of Kenai as Lessor dated August 20, 1970, recorded at Book 3 8 at Page 210, Kenai Recording District, covering the following-described property: · Lot 2, Block 1, GUSTY SUBDMSION, according to Plat K-1700, Kenai · Recording District, Third Judicial District, State of Alaska, TO HAVB AND TO HOLD the same from the date hereof for and during all of thc . remainder yet to come of the term of said lease agreement. The Assignee shall be privileged at any time hereafter to have the unrestricted right to re.~ssign any interest hereby acquired. It is further agreed that this assignment does not obligate the AssiEnee to any of the provisions of thc lease until or unless actual possession is taken by the Assignee or his subassignces. .. This assi~ent shal/be void so long as the said Assignor shall perform all of the covenants, including any for the payment of money, contained in a promissory note for the payment of . and interest which this date they made and delivered to 'said 'Assignee, and shall perform all of thc covenants and ful~ all of · the conditions Contained in the deed of mm entered into between the said Assignor and the said Assignee as a part of thc uausaction of which thc creation of such indebtedness is a part. IN WITNESS WHEREOF, the said Assignor has hcrc-tmto set its hand and seal this _ _ day of ,2005. Assignment. Of Lease For Security Pt~os~ Pale I of 2 MA & PA ALAS~ TREAS~$, LNC' Assignor By:__ Robert B. Loveall Title: By: Debora L~v~ Title: STATE OF ALASKA THIRD JUDIC~ DISTRICT The foregoing instrument was acknowl~ged before me this day of ,2005, by Robert B. Loveall, the and Debora Loveall, th~ ~. of MA & PA ALASKAN TEA'suRES, INC., on behalf of the corporation. NOTARY PUBLIC FOR ALASKA My Commission Expires:. Kena/Recording District Kemm to: Baldwin 8: Butler, LLC 125 N. Willow St. Kenai, AK 99611 As~ent Of Lease For Security Parposes Page 2 of 2 ~SOS/NOV/O4/FRi Ii'19 AM BALDWIN BUTLE~ LLC FAX No, 907 '53 8435 P, 009 CI'I%z OF KENAI CONSENT TO ASSIGNMENT OF LEASE The Assignm~t from Thomas Wagoner to Ma & Pa Alaskan Treasures, Inc., dated the ~ day of ,2005, of that certain Lease Agr~ment with the City of Kenai, as Lessor, dated August 20, 1970, recorded in Book B8 at Page 210, Kenai Kecording District, covering the following-described property: Lot 2, Block 1, GUSTY SUBDMSION, according to Plat No. K-1700, Kenai Recording District, Third Judicial District, State f Alaska, is hereby ACKNO~EDGED AND APPKOVED, subject to the same terms and conditions as comained in the original Lease above-describe& This Consent is given by the City of Kcnai without waiving any right or action, or releasing th~ Assignor from any liability or responsibility under the aforementioncd Lease, and docs not relieve thc Assignee from thc condition requiring thc City's approval for any subsequent sublease or assignment. CITY MANAGER. STATE OF ALASKA THIRD JUDICIAL DISTKICT On this. day of ,2005, before me personally appcared , known to be the person who executed the above in.m'ument, and acknowledged that he or she had the authority to sign, for thc purposes stated thcrcin. Kmmi Recording District Keah-n to: Baldwin & Butlez, LLC 125 N. Willow St NOTARY PUBLIC FOR ALASKA My Commission Expires: CITY OF KENAI CONSENT TO ASSIGNMENT FOR SECURITY PUI~OSES The Assignment For Security Purposes from Ma & Pa Alaskan Treasures, Inc., AsSignor, to Thomas Wagoner, ~ignce, dated the day of .. _ ,2005, cover~g the following-described property: " ' Lot 2, Block 1, GUSTY SUBDIVISION, according to Pht K-1700, Kenai Kecording District, 'Ikird ~udicial District, State of Alaska, is hereby ACIG~OWLBDGED AND APPKOVED, subject to the same terms and conditions as. contained in thc original Lease with the City of Kcnai dated August 20, 1970, recorde~ in Book 38 at Page 210, Kcnai Recording District. This Consent is given by the City of Kc, nm without Waiving my right or action, or releasing the Assignor from any liability or responsib/lity under thc aforementioned Lease, and docs not r¢licvo the Assignee from thc condition requiring the City's approv~ for any subsequent ' sublease or ~ssignment_ MANAGER STATE OF ALASKA THIRD JUDICIAL DISTRICT , _, 2005, before me personally appeared On this ..... day of , known to be the person who cxcartcd the above instramen~ and acknowledged that l~¢ or she had the authority to sign, for thc purposes stated therein. NOTARY PUBLIC FOK ALASKA My Commission Expires', Kenai Recording District Return to: Baldwin & Buffer, LLC 125 N. Willow St. Kenai, AK.99611 ~LIJ~IN YU'I'L~I~ LLC fAX No, 907 283 8435 ?, 008 November 4, 2005 To Whom It May Concern: Our planned use of thc property located at 11472 Kcnai Spur Hwy is to continue its current use as a retail/professional center. Ma & Pa Alaskan Tre~mares Inc. Debora R Loveall, President Kobe~'t B. Loveall_.~ecretary '~) ', "~ ::~~~ ,,. 144 N. BINKLEY SOLDOTNA. ALASKA 99669-7599 ' ' .... · ..,,.,,...,,~,,~~.~.'-~'-~ BUSINESS(907) 262-4441 FAX(907)262-1892 Kenai City Council 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611 Dear City Council Members: October 28, 2005 DALE BAGLEY MAYOR RE: Vacate the south 33-foot right-of-way easement adjacent to Government Lot 94 and vacate the north 33-foot right-of-way easement adjacent to Government Lot 105, reserving a 30-foot easement, 15 feet both sides of the property line between Government Lots 94 and 105 for utilities. Original Patent No. 053348, recorded in Book 31 Page 236 Kenai Recording District; within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256; Petitioners: Edmund C and Iris BEnders of Anchorage and John J Williams of Kenai, Alaska; Location: City of Kenai In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be made without the consent of the city council. The Planning Commission approved the referenced vacation during their regularly scheduled meeting of October 24, 2005. This petition is being sent to you for your consideration and action. The City Council has 30 days from October 24, 2005 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. Sincerely, Planning Director MJB:ria Attachments AGENDA ITEM F. PUBLIC HEARINGS . Vacate the south 33-foot right-of-way easement adjacent to Government Lot 94 and vacate the north 33-foot right-of-way easement adjacent to Government Lot 105, reserving a 30-foot easement, 15 feet both sides of the property line between Government Lots 94 and 105 for utilities. Original Patent No. 053348, recorded in Book 31 Page 236 Kenai Recording District; within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256; Petitioners: Edmund C and Iris BEnders of Anchorage and John J Williams of Kenai, Alaska; Location: City of Kenai Staff Report read by Max Best PC Meeting: 10/24/05 Purpose as stated in petition: ROW is across a deep drainage that runs at the west end of Government lots and will never be built. We are reserving a 30-foot utility easement for the future expansion of water and sewer utilities. Petitioners: Edmund C and Iris BEnders of Anchorage and John J Williams of Kenai, Alaska. Public notice appeared in the October 6 and October 13, 2005 issues of the Peninsula Clarion. Twelve (12) certified mailings were sent to owners of property within 300 feet of the parcels; eleven (11 ) of the receipts have been returned. Eleven (11) regular mailings were sent to agencies and interested parties; six (six) notices were sent to KPB Departments. Notices were mailed to the Kenai Community Library and Kenai Post Office to post on public bulletin boards. The notice and maps were posted on the Borough web site and the bulletin board in the Borough Administration Building. Statement(s) of non-obiection Alaska Communications Systems KPB Coastal Management Program Homer Electric Association Statement of Obiection State Department of Transportation. DOT objects to the vacation of the right-of-way easement because no adequate alternative access is identified. Development of the elementary school (Swires Elementary) eliminated the section line access from the east to the properties beyond Government Lots 94 and 105. Staff discussion Kenai Planning and Zoning Commission reviewed the preliminary plat that would accomplish the proposed vacation on August 24, 2005. Kenai Planning staff advised the Kenai Commission that there were no plans to extend Kiana Lane to the highway due to the significant expense involved in crossing gullies in the area. The Kenai Commission approved the preliminary plat by unanimous consent. The 2.5-acre parcels between the proposed vacation and Swires Elementary School are Government Lots, which am likely to have similar patent access easements. KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 24, 2005 MEETING MINUTES Findings' 1. The State Department of Transportation objects to the proposed vacation because no adequate alternative access is identified or provided. 2. Kenai Planning and Zoning Commission reviewed and granted conditional approval to the preliminary plat that would finalize the proposed vacation by unanimous consent. 3. Per the Kenai Planning and Zoning Commission, there were no plans to extend Kiana Lane to the highway due to the significant expense involved in crossing gullies in the area. 4. There is a large drainage to the north, crossing the highway. 5. The drainage appears to run south, thought he gully, to the west of the subject lots. 6. Satellite imagery does not show any travel ways constructed across the gully between Aliak Drive to the north and Lawton Drive to the south, a distance of approximately ~ mile. PAGE 7 UNAPPROVED MINUTES , 8. 9. ~_8. -9, 10. 11. 12. 13. 14. Terrain is consistently used as justification for not extending or matching dedications. Highbush Lane is constructed, providing access to the subject parcels. Portions of Highbush Lane are. dedicated to the north and south. Per the submittal, the right-of-way proposed for vacation is not in use for access. Per the submittal, the right-of-way proposed for vacation has not been constructed. Per the Kenai Planning and Zoning Commission, the utility easement may be needed for a water line extension. A 30-foot utility easement will remain in place. The easement is proposed to be vacated by plat. KPB 20.20.030 requires the dedication of Highbush Lane. KPB 20.20.200 requires all lots front on a dedicated right-of-way, also requiring the dedication of Highbush Lane. STAFF RECOMMENDATION- petitioned, subject to: Based on Findings 2-14, staff recommends approval of the vacations as . Submittal of a final plat within one year of vacation approval. Dedication of a half right-of-way (30 feet) of Highbush Lane along the east boundary of Government Lots 94 and 105. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. !END OF STAFF REPORT VERBAL STAFF REPORT ADDENDUM Ms. Toll commented that the surveyor asked for an extension of the vacation request three feet to the east to meet a future 30-foot dedication. This 30-foot dedication is an extension of High Bush Lane to be dedicated by Enders Subdivision to the south (Government Lot 105). The final plat is in for review at this time. END Of VERBAL STAFF REPORT ADDENDUM Chairman Bryson noted that Swires Elementary is Mountain View Elementary. Chairman Bryson opened the meeting for public comment. Seeing and hearing no one wishing to comment, Chairman Bryson closed the public hearing and opened discussion among the Commission. MOTION' Vice Chairman Clark moved, seconded by Commissioner Gross, to approve the vacation as petitioned. Vice Chairman Clark observed that the State of Alaska has been submitting comments on vacations that are not adjacent to a State Road. He inquired about the apparent sudden influx of comments. Ms. Toll did not know. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HEIMBUCH HOHL HUTCHINSON YES YES YES YES YES YES YES ISHAM JOHNSON MARTIN MASSION PETERSEN TAURIAINEN 13 YES YES YES YES YES YES YES , KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 24, 2005 MEETING MINUTES UNAPPROVED MINUTES PAGE Maria E. Sweppy Platting Planner mswe p pv~ borough, ken ai. ak. us Kenai Peninsula Borough Planning Department 144 North Binkley Street Soldotna, Alaska 99669-7599 1-800-478-4441, extension 2002 (toll free within the Borough) 907-714-2202 907-262-8618 fax Fax Cover Sheet To' Carol Freas, City Clerk Date: October 28, 2005 Number of Pages: 4 Company: City of Kenai Fax Number: 283-3014 Phone Number: 283-7535 Notes/Comments: Vacate the south 33-foot right-of-way easement adjacent to Government Lot 94 and vacate the 'north 33-foot right-of-way easement adjacent to Government Lot 105, reserving a 30-foot easement, 15 feet both sides of the property line between Government Lots 94 and 105 for utilities. Original Patent No. 053348, recorded in Book 31 Page 236 Kenai Recording District; within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256; Petitioners' Edmund C and Iris BEnders of Anchorage and John J Williams of Kenai, Alaska; Location: City of Kenai The Planning Commission approved the referenced vacation during their regularly scheduled meeting of October 24, 2005. The notice of decision and draft, unapproved minutes of the pertinent portion of the meeting for the Borough Commission follow. A hard copy of the notice, minutes, and support information will be mailed next week. Please call or email me if you need additional information or have questions. Thanks! AGENDA ITEM F. PUBLIC HEARINGS 1'. Vacate the south 33-foot right-of-way easement adjacent to Government Lot 94 and vacate the north 33-foot right-of-way easement adjacent to Government Lot 105, reserving a 30-foot easement, 15 feet both sides of the property line between Government Lots 94 and 105 for utilities. Original Patent No. 053348, recorded in Book 31 Page 236 Kenai Recording District; within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256; PetitionerS: Edmund C and Iris BEnders of Anchorage and John J Williams of Kenai, Alaska; Location:-City of Kenai · STAFF REPORT PC Meeting: 10/24/05 Purpose as stated in petition: ROW is across a deep drainage that runs at the' west end of Govemment lots and will never be builL We are reserving a 30-foot utility easement for the future expansion of water and sewer utilities. Petitionem: Edmund C and ids BEnders of Anchorage and John J Williams of Kenai, Alaska. Public nOtice appeared in the October'6 and October 13, 2005 issues of the Peninsula Clarion. Twelve (12) certified mailings were sent to ownem of ProPertY within 300 feet ofthe 'parcels; eleven (11) ofthe receipts have been returned. Eleven (11) regular mailings were sent to agencies and interested parties; six (six) notices were sent to KPB Departments. Notices were mailed to the Kenai Community i. ibmry and Kenai Post OffiCe to post on public bulletin boards. The no~ce and maps. were posted on the BOrough web site and the bulletin board in the Borough Administration Building. · Statement(s) of non-objection Alaska Communications Systems' KPB Coastal Management Program Homer Elecl~c Association Statement of Obiection State Department of Transportation. DOT objects to the. vacation of the right-of-way easement because no adequat~ alternative acce~ i~ idenffiied. Development of the elementa~ school (Swir~ Element~gt) eliminated the section line access from the east to the properties beyond Govemment Lots 94 and 105. · . .. Staff discussion Kenai Planning and Zoning Commi~ion.re~ewed the prelimina~ plat that would accomplish the propos~:l vacation on August 24, 2005. Kenai Planning staff advised the Kenai Commission that there were no plans to extend Kiana Lane to the highway due to the significant expense involved in crowing gullies in the ama. The- ' Kenai Commission approved the preliminary plat by unanimous consent. The 2.5-acre pamels between the proposed vacation and Swires Elementa~ School are Government Lo~, which are likely to have similar patent access easements. Findings: 1. The State Department of Transportation objects to the proposed vacation because no adequate alternative access is identified or provided. 2. Kenai Planning and Zoning Commission reviewed and granted conditional approval to the preliminary plat that would finalize the proposed vacation by unanimous consent. 3. Per the Kenai Planning and Zoning Commission, there were no plans to extend Kiana Lane to the- , 9. 8. 9. 10. highway due to the significant expense involved in crossing gullies in the ama. 4. There is a large drainage to the north, crossing the highway. 5. The drainage appears to run south, thought he gully, to the west of the subject lots. 6. Satellite imagery does not show any travel ways constructed across the gully between AYak Drive to ~e north and Lawton Drive to the south, a distance of approximately % mile. 7. Terrain is consistently used as justification for not extending or matching dedicafi°ns. Highbush Lane is constructed, providing access to the subject parcels. Portions of Highbush Lane are dedicated to the north and south. Per the submittal, the fight-of-way proposed for vacation is not in use for access. Per the submittal, the right-of-way proposed for vacation has not been constructed. Per the Kenai Planning and Zoning Commission, the utility easement may be needed for a water line extension. 11. A 30-foot utility easement will remain in place. 12. ' The easement is proposed to be vacated by plat. 13. KPB 20.20.030 requires the dedication of Highbush Lane. 14. KPB 20,?.0.200 requires all lots front on a dedicated fight-of-way' also requiring the dedication of Highbush Lane. STAFF RECOMMENDATION: Based on Findings 2-14, staff recommends approval of the vacations as petitioned, subject to: 1. Submittal of a final plat within one year of vacation aPproval. 2. Dedication of a half right-of-way (30 feet) of Highbush Lane along the east boundary of Govemment Lots 94 and 105.' " If the vacation is approved' the Kenai City Council has thirty days in which' they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL 'BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KEN/Id, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENA! PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT 30 05. 10: JUL. 19. 2005 Cli~ ~aker 90'72839071 · ! 'e"=3 MOU J.,11' J .,Il .,il Il! -.il F- Z LLJ o z ttt PENINSL~A CLARION KENAI PENINSI A BOROUGH PLA-NrNING COMI/fiSSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate Rights-of-Way easement associated with Government Lots 94 and 105 within the city of Konai. Ama under consideration is described as follows: A. Location and request: Vacate the south 33-f°ot fight-of-way easement adjacent t° Government Lot 94 ',;nd vacate the north 33-foot fight-of-way easement adjacent to Government Lot 105, reserving a 30-foot easement, 15 feet both sides of the property line between Government Lots 94 and 105 for utilities. Original Patent No. 053348, recorded in Book 31 Page 236 Kenai Recording District;. within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256. B. Purpose as stated in petition:_ ROW is across a deep drainage that runs at the west end of Government lots and will never be built. We are reserving a 30-foot utility easement for the future expansion of water and sewer utilities. 'C. Petitioner(S): Edmund C and Iris BEnders of Anchorage and John J Williams of.Kenai, Alaska. · Public hearing will be held by the-Kenai Peninsula Borough Planning Commission on Monday, October :24, 2005 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Assembly Chambers of the Kenai PeninSula Borough, 144 N. Binkley Street, Soldotna, .Alaska. · 'Anyone wishing to testify may come to. the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll or Sylvia Vinson-Miller, Kenai peninsula Borough Planning Department- 144 N. Binkley Street- Soldotna, Alaska 99669. Please provide written testimony to the Planning Department by Wednesday, October 19, 2005 [written comments may also be sent by Fax to 907-262-8618] if the planning Commission apProves the vacation, the Kenai City Council has thirty days from that decision in which they may veto 'the Planning Commission approval.. Appeals from denials of the Planning Commission must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Mary Toll or Sylvia Vinson-Miller, Planning Department, 714- 2200 (1-800-478-4441 toll free within Kenai Peninsula Borough). · ... Mary Toll Platting Officer .. PUBLISH 2X (Thursdays, October 6 and October 13, 2005) in.accordance with Chapter 20 of Borough Codes, all property owners within a 300-foot radius, must be notified of the proposed vacation. According to Borough records, you are an. owner of property. within that radius; or you are an affected party. OBJECTIONS BY'?~'~ ~-~,-~)_ DATE: DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES CENTRAL REGION- PLANNING FRANK H. MURi~OWSKI, GOVERNOR. .'/ 4111AViATioNAVEI~IuE / P.O. BOX'I96gO0 / (TTY 269-0473) . .. ......... ' October. 5, 2005. · ,, Ms. Mary Toll, Borough Platting Officer Kenai Peninsula Borough 144 N. B inkley Soldoma, Alaska 99669-7599 RE' KenaiNotice of Public Hearing Government Lots' 92[ and 105 Right 'of Way Easement Vacation Dear Ms. Toll: · · .. The Alaska Department of Transportation and Public Facilities (Department) has reviewed the following'NotiCe of Public Hearing and offers these comments: Vacate the'south 33-foot fight, of-way'easement adjacent to Government Lot 94 and vacate the north 33-foot easement adjacent to Government Lot 1.05' The Department objects to the vacatiOns of this fight of way easement because no adequate altemative access is identified. Also', the development of the elementary school eliminated the section line access from the east to .the propertieS beyond Government Lots 94 and 105. . Thank you for the oPpommity to comment on this Notice of public Hearing. If you have any questions, please.contact me at (907) 269-0508. Sincerely, Todd VanHove 'Area Planner' /eh' "Providing for the movemer~t o,/.¢eople and goods, and the delivery o, f stare services," Z LIJ KEHAI, ALASKA , 210 Fi.dalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak. Us AUgust 25', 2005 Mary Toll, Platting Officer Kenai Peninsula Borough Planning Department 144. N. Binkley Soldotna, AK 99669 RE- PZ05-52--Preliminary Plat--ROW Easement Vacation Dear Mary: The City of Kenai's Planning and ZOning Commission reviewed the above- referenced preliminary plat at their meeting on August 24th. The Commission recommended approval of the vacation with'a 30-foot utility easement dedication. The street name .should be corrected from Kiana Street to Kiana Lane.. A copy of the signed resolution, minutes, and staff'comments is attached. .. . Sin,/ · Kebschull, AICP 'Planning Administration Attachments' Resolutions PZ05-52 Staff Comments Meeting Minutes .. cc' I'ntegrity Surveys, 8195 Kenai Spur Highway, Kenai, AK 99611 PZ05-5~ -- Preliminary Plat/ROW Easement Vacation (Associated with Government Lots 94 & 105 located within the SE1/4 Section 34, T6N, R11W). Plat Submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet,, noting: · The plat would'vacate a 33-foot right-of-waY easement and replace it with a 30-foot utility easement. · A gully running along the back sides of the parcels would make the future expansion of Kiana Lane unlikely. The properties are zoned rural residential and water and sewer are · available. · . An installation agreement will not be required. The utility easement may be needed for a water line extension. The city would like the easement. Staff. has no objection to the.plat with the recommendation added to correct the spelling of the street from "Kianna Street" to "Kiana Lane." MOTION: · Commissioner Eldridge MOVED for approval of Resolution PZ05-52 with the recommendation of staff included. Commissioner BrYSon SECONDED the motion. A brief discussion followed in which Kebschull noted the location of the prOperties; Kiana Lane parallels Aliak Street; there are no plans for extending Kiana'to th~ highway due to gullies in the area and to do it would be very costly. VOTE: Barrett Bryson Amen Yes Yes Yes Glick. Yes "Hammelman' Twait Yes Eldridge Yes Yes ~ MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC 'HEARINGS PZ05-51 -- An application for a Variance Permit for a 17-£oot-rear yard setback variance for the property defined as Lot 40, Block 4, Redoubt 'Terrace Subdivision Addition 4 {1541 Stellar Drive}, Kenai, Alaska. Application submitted by Daniel Greene, P.O. Box 2563., 'Kenai, Alaska. 'Kebschull reviewed the staff report included in the packet, noting: · The application was for a 17' rear setback variance to construct a 240 sq. ft. shed in the back yard. · The applicants are trying to work within the constraints of the location of · the house, trees, and landscaping. PLANNING & ZONING COMMISSION MEETING AUGUST 24, 2005 PAGE 2 To' Planning & Zoning Commission Date: July 10, 2005 ,, STAFF REPORT Res: PZ05-52 , ,, GENERAL INFORMATION Applicant: Integrity Surveys 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Preliminary Subdivision Plat- ROW Easement Vacation Associated 'with Government Lots 94 & 105 within the SE1/4 Section 34, T6N, R11 W, SM, Alaska ' 309 Highbush Lane & 403 Highbush Lane 04521018 & 04521039 RR- Rural' Residential Vacant & Residential NR - Neighborhood Residential. ANALYSIS This plat vacates a 33-foot Right-of-Way Easement and replaces it with a 30-foc~t Utility Easement. There is a gulley that runs'along the backsides of these parcels would make the future expansion of Kiana Lane unlikely. The properties are zoned rural residential. Water and sewer are available. An installation agreement will not be required. Cit~ Engineer: The extension of Kiana Lane at that location seems highly unlikely. The utility easement might be needed for a water line extension. Building OffiCial· No building code issues. RECOMMENDATIONS Recommend approval with the fOllOwing recommendatiOns· 1. Correct street name from Kianna Street to Kiana Lane. ATTACHMENTS' 1. Resolution No. PZ05-52 2. Preliminary Plat KENAI, ~LASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-52 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS' WHEREAS, the attached plat ROW Easement Vacation.was referred to the City of Kenai · Planning and Zoning CommiSsion on August 9, 2005 and received from Inte~iW Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: o Plat area is zoned RR- Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: are available .... 3' Plat does not Subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Stares of surroUnding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. · 9. CONTINGENCIES· · a. COrrect Street name to read Kiana Lane NOW, THEREFOr, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANN~G COMMISSION APPROVE ROW EASEMENT VACATION ~ SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 24~ 2005. Integrity Survey I II SURVEYORS - PLANNERS 605 SWIRES DRIVE KENAI, ALASKA 99611 (907) 283-9047 PHONE (907) 283-9071 FAX RECEIVED · 29 August 2005 AUG J 9 200§ Mary Toll, Platting O~cer Kenai Peninsula Borough P. O. Box 850 Soldoma, AK 99669 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Re: ROW easemem vacation associated with GL's 94 & 105 KPB File # 2005-??? Mary Toll, I have attached a copy of the Petition to Vacate, a sketch of the proposed vacation, copy of the City minutes and the City of Kenai Plmmmg and Zoning Comm/ssion Resolution No. PZ05-52. The sketch and petition were submitted to the City for vacating the entire 66 fL, ~s shown, while reserving a 30 fl..easement, 15 fL both sides of the property line between GL's 94 & 105, for udJJties. The analysis and minutes don't seem to reflect what was requested and discussed at rite meeting, however I understand, per Ma,dlyn Kebschull, that the Commission did unde~d that the vacation was intended for the entire 66 fL I have requested a clarification of the minutes at the next P&Z meeting when the miames axe approved so the correction can be reflected in the final draft_ The City's next meeting is September 14. I would like to request the review ' of this vacation go forward since action was taken and just needs to clafi~ed, which will Occur before the KPB Planning Commission can take'action on the vacation. This easemem was created ia the original patents for the Govemmem Lots and I am requesting the vacation be completed by resolution. I will then complete the Enters Subdivision reflecting the resolution for the vacation on the plat. Should you have any questions, please feel free to ca/1 me. Thank you for your efforts on this project Siacerel~t urveys & Attachme~ ~AI PENINSULA BOROUGH PLANNING DEPAR~ PETITION TO VACATE PUBLIC RIGHT-oF-WAY/SECTION LtNE EASEMENT 'PUBLIC HEARING REQUIRED Jpon receipt of complete application with fees and all required attachments; a public hearing before the Planning Commission viii be scheduled. The petition with all required information and attachments must be in the Planning Department at least ;0 days prior to the preferred hearing date. By State Statue and Borough Code, the public hearing must be scheduled within ;0 days of receipt of complete application. Fees - $300 non-refundable fee to help defray costs of advertising public hearing. Plat fees will.be in addition to vacation fees. City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. Name of public' right-of-way 'proposed 'to be vacated is ; dedicated by plat of Subdivision, filed as Plat No. ' in Recording District. Are there associated' utility easements to be vacated? [ ] Yes [ ] No Are easements in use by any utility company; if so which? . Easement for public road or right-of-way as set out in (specify type of document) as recorded in Book ~ Page ~ of the Recording DisU'ict. (Copy of recorded do'cu'lnent must be submitted with petition) Section Line Easement. Width of e~ement must be shown on sketch. · . Submit three copies of plat .or map showing area proposed to be vacated. Must' not exceed' 11 x 17 inches in size. In the case of public right-of-way the submittal must include a sketch showing which parcels the vacated area will be attached to. Proposed alternative dedication is to be shown and labeled on the sketch. [ ]Yes ~No [ ]Yes [~No. [ ]Y~ [ ]No [ ]Y~ [JNo. [ ]v~ [XINo [as right-of-way been fully or partially constructed7 ; right-of-Way used by vehicles/pedestrians/other? las section line easement been constructed? ~ section line easement being used? ~ alternative ri?hr-of-way being provided7 RECEIVED AUG 2 9 200~ KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 'he petitioner must provide reasonable justification for the vacation. :eason for vacating ~-o~ ~ .~ ,~, ~ e-.a ~, ~ ~ he petition must be signed (written signature) by-owners of majority of the front feet of land fronting part of right-of-way r s~ction line eagement proposed to be vacated. Each/m~ include mailing address and legal description ofhisfaer property. ubmitted by:' 'Signature Name ~~~::~,rY~,?' ,5'/4,, .v' ,~, [/J,representative - [ ] petitioner Address · Phone ;ignature {amc ~.ddress )vxmer of Petitioners: Signature .Name Address ' Owner of Signature Name Address Owner of vgcl~-~[l-i~.sm~u R~O i~v. 06/~2: 0'//96; 909 - 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' (907) 283-7535 / Fax' (907) 283-3014 www. ci.kenai.ak.us KENAI, ALASKA M emoranclum Date' To.' For: From: November 10, 2005 Charles M. Kopp, Acting City Manager November 16, 2005 Meeting ti/ Kim Howard, Assistant to the City Manager f~ Lease Application, Lounsbury and Associat' es, Inc. on Behalf of Wal-Mart Stores, Inc. - Tract B-1, Baron Park No. 10; Tract C, Baron Park No. 5; and Lot 1, Baron Park No. 5 -' Lounsbury and Associates, Inc. (on behalf of Wal-Mart Stores, Inc.) has submitted a lease application for the above referenced properties. Lot 1, Baron Park No. 5 is the site of the "dust bowl" ball field. Tract C, Baron Park No. 5 is directly behind it. It has been used as a tent camping area. Neither lot has ever been dedicated for park usage by the City. Tract B-1, Baron Park No. 10 faces Marathon Road. The parcels are shown on the attached maps that were included with the lease application. The properties are Airport property. Ordinarily, the General Fund would have to pay the Airport for its use of Airport lands. However, under Federal Aviation Administration roles, the property may be used as a ball field and camping area until such time as the Airport has a need for the property, either in terms of physical development for the Airport or as a commercial use that would benefit the Airport. Any money from the lease or sale of the property will go into the Airport Land Trust Fund. Once the Airport has a revenue generating commercial use for the property, the City General Fund may no longer use it rent-free. If the City were to retain the property for General Fund (non-Airport) use, the General Fund would have to pay the Airport fund the fair-market value for use of the property. Wal-Mart Stores is proposing a 20-year base lease term with 14 (5-year) options to extend with an option to purchase. The purpose is to construct a 235,000 square foot Wal-Mart Supercenter store, including general merchandise, grocery, garden center, and 6-bay tire/lube/express. The development includes six outlot parcels and a gas station. The estimated construction cost is between $15,000,000 -$18,000,000. Memo to Charles M. Kopp November 10, 2005 Page 2 of 2 KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the mount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. The beginning date for the proposed construction is April 2006. The proposed completion date is October 2007. The Planning Department has confirmed the property is zoned Light Industrial, which is consistent with the 1987 Airport Master Plan. Retail sales is a principal permitted use in the Light Industrial zone. This property is not included in the Airport Reserve in the proposed Supplemental Planning Assessment. An appraisal performed by Derry & Associates states the highest and best use as "Commercial/industrial development in conformance with zoning re gulatio ns/requirem ents." As outlined in KMC 21.10.030 (b)(5), the intended use must comply with the zoning ordinance and comprehensive plan of the City. KMC 21.10.060 (a) states the Planning Commission "shall normally consider applications for specific lands on a first-come, first-served basis if the Commission finds that the application is complete and the use proposed in the application is the highest and best use and conforms to the Airport Master Plan and other goals set by the Commission or the City Council." At their meeting of November 9th, the Planning and Zoning Commission made those findings and unanimously found that the uses listed conform to the zoning ordinance, the Comprehensive Plan, and the Airport Master Plan. KMC 21.10.060 provides that after Planning and Zoning approval, the lease application shall go to the City Council for its consideration. Cc' Lounsbury and Associates, Inc. Rebecca Cronkhite, Airport Manager Attachment CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION ..Name of Applicant: Lounsbury and Associates, Inc. Address._' 3161 E. Palmer-Wasilla Hwy, Suite 2, Wasilla, AK 99654 Business Name and Address_.' Wal-Mart Stores, Inc. 2001 SE 10ta Street A_~licant's Telephone. (907) 357-9129 Bentonviile, AR 72716-0550 Kenai Peninsula Borough Sales Tax No. (if applicableS.' · State of Alaska Business License No. (if applicable)[ 27027 (attached) Legal Description_.- Tract B-l, Baron Park No. 10 (per Plat #94-13) (attached) Tract C, Baron Park #5 (per Plat #86-165) (attached) Lot 1, Baron Park #5 (Per Plat//86-165) (attached) Puroose of Proposed Lease: Construction of ~ new Wal-Mart Supereenter ..Term of Proposed Le~se: 20 Year Base Term with 14 (5-year) options to extend with an option to purchase. Description of Proposed Development (type, construction materials, size, etc.) Approximately 235,000 square foot Wal-Mart Supercenter, including general merchandise, grocery, garden center, and 6-bay fire/lube/express. Development includes six (6) outlot parcels and a gas station. Time Schedule for Proposed Development · Beginning Date April..~,OOg'2a~ · Completion Date (maximum of two years) October2009~ 2007 Estimated Value of !mprovemen.~ $15,000,00,0- $/1~000,000 APPLICANT'S SIGNA Date: APPLICANT'S SIGNATURE: Date: CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities' (how many spaces and location) 4. Site improvements · Areas to be cleared and method of disposal · Proposed gravel or paved areas Landscaping plan (retenti°n:ofnamml vegetation and/or propOsed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) - sign permit required 9. Fencing- permit required if height is over 6' 10.Curb cuts (where applicable) 11. Building height 12. FAA Form 7460 Notice of Proposed Construction (For comtmction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded bom the FAA website http://~.alaska, faa. gov/airpom. The site has a menu for forms. CITY OF KENAI LEASE APPLICATION- CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. Zoning Light Industrial (IL) 043-361-06; 043-361-02; 043-361-01 Permits Required: Conditional Use Permit · Landscape Review · Building Permit Sign Permit - Outlet lots may require CUP depending on use. X X X Assessments None Insurance Limits Required $500,000 & Workers' ' Comp. Construction must begin by Within 2 years of date of the leased date. Completion date for major construction Within 2 years of date of the leased date. By: Date of Approval: Planning Commission Approval ~hairman ~ City Council Approval By: Date of Approval: City Clerk THIS APPLICATION WILL BE MADE A PART OF THE LEASE Z EE .<:[: r'~ Z, ......................... 'Old NOH.LYUYN _ T , ~r~ fl,I I Il .. ._ · ~_~ ~''- :': L · .- -' -1- '~-" ~ ':~ z ~';~ 0 I,/ ti/' I/ 'ONI 'SatdOJ. S J.~I¥~-WM J ~091,6~ 3aO.LS J . .i._,.1~1~ ~17~1 ,~5.-~ ~~B~13~~/~ J NV-Id aJ. IS ~¥n.Lda::)NOO J I J jjjjjlj ~'~" i i ~ ~I ~ KENAI. ALASKA 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone' (907) 283-7535 / Fax: (907) 283-3014 www. ci.kenai.ak.us MEMORANDUM To: From: Date: Subject: Chuck Kopp, Acting City Manager Larry Semmens, Finance Director/~ November 10, 2005 Potential Impact of Wal-Mart on Kenai Finances Although I have not done extensive analysis on the impact of Wal-Mart coming to Kenai, I can draw some conclusions based on what happened to sales tax in Kenai when Kmart came in 1993. The first full quarter of sales tax that included Kmart was 3rd quarter 1993, in which there was a $7 million increase in sales, or 23% more than the same quarter in the previous year. The 4th quarter was up 33% over the prior year. Fiscal year 1994, which included these two quarters, ended up 22% higher than the prior year. Kmart sales alone did not account for all of the increase; other businesses in Kenai, taken together, also had increased sales. The City of Kenai benefited handsomely from increased sales tax and Kenai led the peninsula cities in taxable sales until Fred Meyer opened in Soldotna. This is significant! If Wal-Mart is coming to the Peninsula, and it appears they are, I definitely want them to be in Kenai. When Fred Meyer opened in Soldotna, Kenai taxable sales fell 6%. If Wal-Mart locates outside of Kenai, I expect a si~ificant drop in taxable sales in Kenai - far more than the 6% that occurred previously. I am expecting Wal-Mart to exceed Kmart in taxable sales, and I expect other businesses in Kenai to have increased sales due to increased traffic in Kenai. Therefore, I am confident that the first full year of Wal-Mart operations will set the new high mark for taxable sales in Kenai and that sales tax revenues will be up substantially, perhaps as much as $1 million dollars. Note that it takes over $33 million in taxable sales to generate a million dollars in sales tax. This is significant economic activity. Taxable sales in FY 2005 were $140 million. Wal-Mart will also be paying almost $200,000 per year lease revenue to the Airport Fund; which, as everyone is aware, is in financial difficulty. The General Fund will also Chuck Kopp, Acting City Manager Re: Potential Impact of Wal-Mart on Kenai Finances 11/10/05 Page 2 of 2 benefit through property tax on this leasehold interest. I am not able to determine the exact amount of this tax, but it should exceed $10,000 annually at our current mill rate of 4.5. There will also be real and personal property tax on the building and fixtures when they are built. Again, I do not know the exact values, but Wal-Mart is estimating $18 million for construction and there will be taxable personal property in the store. This should generate about $85,000 in annual property tax. Other buildings are very likely to be sited on the property. No values have been projected for these, but when they are built there will be additional property tax revenues. I believe it is a conservative estimate that property tax of over $100,000 annually will be generated by the Wal-Mart complex at our current tax rate. The construction phase will also generate positive economic activity in Kenai. To summarize the annual revenue picture: Airport: General Fund: $200,000 lease revenue $1,000,000 sales tax $ 100,000 property tax Some may ask whether Kenai needs the extra money. It is no secret that costs are escalating. Fuel, which affects many things, property and liability insurance, workers comp insurance, and health insurance are all up significantly and could easily continue to rise faster than the national inflation rate. The biggest increase in cost for the City will be our contribution to PERS. In FY 2003 the City paid $128,000 or 2.63% of payroll, to PERS. In FY 2005 it was $419,000 with a rate of 8.67%; and in 2007 the rate will be 18.67% and will cost about $933,000. I expect the State to cover about $275,000 of the FY 2007 amount. If rates continue to rise to the projected actuarially required amount of 30%, our PERS cost will exceed $1.5 million annually. Even if the rates level off at 20%, Which is a realistic probability, it will cost Kenai $1.1 million annually, or the equivalent of 3 mills of property tax. This money will have to come from 'somewhere or draconian cuts to services will have to be made. The question is, where will the money to cover these cost increases come from? Do we expect the State of Alaska to share revenues in amounts sufficient to cover these increases? I do not. Will property values rise enough to generate sufficient property tax revenues without increasing the mill rate? I don't think so. Are the taxpayers of Kenai going to support a significant mill rate increase? Or would it be better to welcome Wal-Mart and seek to make Kenai the retail hub of the Peninsula? Imagine the possibilties! PENINSULA A _ Ken, ._, ....... 907-283-7040 Chuck Kopp, Acting City Manager Citv of Kenai 210 Fidalgo Ave Kenai. AK 996'11 November 5, 2005 Dear Chuck: Thank you for considering our request for funding of renovations at the Kenai Fine Arts Center. We've recently been awarded a $13,320 grant from the Rasmuson Foundation for repair of our leaking roof. We also have the opportunity to gain an additional $4,100 dollar for dollar challenge grant toward our overall renovation project. Jack LaShot visited the facility a few weeks ago and is requesting appropriate building permits. My request from the City of Kenai is two fold: ~ Could the city issue the $2000 allocated in FY 2003 budget as part of the matching grants submitted in our request to Rasmuson? o Would the City consider granting Peninsula Art Guild an additional $4100 so that we may take advantage of Rasumson's challenge grant and thereby complete the total renovation plan? I've enclosed a copy of the award letter from Rasmuson and the original proposal addressing the entire renovation project. I'll be attending the November 16th City council meeting to answer any questions that may come up. Sincerel~y..y ~ Peninsula Art Guild, President Background and services provided by Peninsula Art Guild Our mission is to provide support and venue for central peninsula artists through workshop, sale and gallery space as well as scholarships for continuing education in the arts. Bringing artists together for the purpose of sharing ideas was mainly fostered by Clarice Kipp and Betty Ames of Kenai. In December 1967 artists within a 25-mile radius organized the Artisans Guild. In the early 1970s the directors formally changed the cooperative's name to the Kenai Art Guild. Under this name, the organization incorporated in July of 1997. In 1999, the Board changed its name to Peninsula Art Guild (PAG) to reflect the idea of including artists from around the Peninsula. Prior to our existence, art shows were displayed in local businesses such as Decor Furniture and Nordstrom when it existed in the old Kenai Mall. Dr. Robert Nelson, a local minister, initiated the first juried art show and provided display space in the Kenai Methodist Church. The Guild sponsored subsequent shows in Fort Kenai and later in the fire hall. In 1973, after the Kenai Police and Fire departments vacated the public safety building, PAG was offered permanent housing in our current location: the Kenai Fine Arts Center (KFAC). Since 1997, the City of Kenai has provided support to our efforts in the form of a $1 per year lease. It is noteworthy that this building sits on the site of the original Territorial School and was constructed in 1955. Geographical area served' Our geographical scope encompasses the central Kenai Peninsula: approximately 20,000 people. Our tourist population increases that number dramatically in the summer. Number of beneficiaries and services provided' We administer scholarships to graduating seniors at five local high schools (total enrollment of 2088) and workshop participants funded through an annual Arts & Crafts Show (average attendance of 1800). At KFAC, we organize art exhibits and juried shows through out the year, and provide sales gallery space for approximately 45 artists year round. A pottery studio is also housed in our building. Our guest books logged 320 visitors over the past year. We also sponsor adult and children's art workshops: 125 people participated within the past twelve months. Peninsula Art Guild's recent accomplishments include a Children's Art show, Variations (an invitational multi media exhibit), an Open/judged show, KPBSD Student Art Exhibit, Small Shots exhibit, Harvest Art exhibit and fundraiser, display by Kenai Cooperative Preschool, the annual Arts & Crafts Fair, Juried Clay Exhibit, year round sales gallery, ongoing children's art workshops, two adult pottery classes taught by local artists, Ken Hosmer Watercolor workshop, Michael Nisbeth clay workshop, and disbursement of $7,700 in art scholarships. Peninsula Art Guild Description, need, and current status of project: The City of Kenai provides the PAG with a 2,000 square foot building to carry out our mission. PAG is responsible for maintaining this 50-year old structure which houses workshops, art classes, exhibits, a pottery studio, and sales gallery. The flat roof is leaking and it is more cost effective to repair this and other maintenance items while capitalizing on the generous offering of the City of Kenai than to move. PAG and our partnering organization, Kenai Potters Guild have agreed to a remodel plan. Our plan involves resealing the roof, increasing electrical capacity to accommodate the pottery studio, installing new carpet in the gallery space, painting the building, exchanging the current workshop area with the back sales gallery to better utilize the floor space, and relocating the workshop sink. Time line for implementation: Roof resealing and exterior Painting is limited to summer months when the temperature is above freezing. The internal remodeling can happen year round and volunteers are available to start immediately. Project total cOst: $36,293.00 Request of Rasmuson foundation' $21,524.00 Line Item Project Expenses Prep & reseal roof $ 15,820 Electrical upgrade $ 1,886 New carpet $ 1,682 Exterior & interior painting $ 6,650 Replumb sink $ 510 Plumbing supplies $ 145 Building rental $ 9,600 Total $ 36,293 $ Rasmuson Request Donated In-kind Cash Services $ 2,500 $ 800 $ 1,0o0 21,524 $ 3,500 $ 520 $ 300 $ 5O $ 9,599 $ 11,269 We have written quotes for each construction and supply expense item. We value the monthly lease donation from the City of Kenai at $800/month. The sources of our cash donations for this project are: City of Kenai - $2,000 Agrium - $ 500 Kenai Potters Guild - $1,000 Any balance for this project not covered by the Rasmuson Foundation will be borrowed from our scholarship fund and repaid through our annual Harvest Art Auction fundraiser. Peninsula Art Guild 301 W. Northern Lights Blvd. Suite 400 Anchorage, AK 99503 907.297.2700 tel 907.297.2770 fax 877.366.2700 ttdl-ti'ee in Alaska rasmusonfdn@rasmuson.org emad www. rasmuson.org BOARD of DIRECTORS Edward B. Rasmuson Chairman Rob Allen Morgan Christen Douglas Eby Lile R. Gibbons Nadine Hargesheimer Cathy Rasmuson Judy Rasmuson Mary Louise Rasmuson John Wanamaker ? PAES JD ENrT Diane Kaplan October 3, 2005 Ms. Marcia Beauchamp Board President Peninsula Art Guild P.O. Box 703 Kenai, AK 99611 Dear Ms. Beauchamp' I am pleased to inform you that Peninsula Art Guild has been awarded a $17,420 grant for facility renovation (to reseal the roof, upgrade electric, replace carpet, repaint, and replumb a sink). The grant is structured as an outright grant of $13,320 for immediate work on the roof, with a $4,100 one-to-one challenge grant. Under the terms of the challenge, the Foundation will fund one dollar for every dollar raised by PAG from cash and in-kind contributions towards the project from members and the community. The end date for the challenge is one Year from the award date. The award is contingent upon receipt of written documentation of offical confirmation that PAG has at least a five-year lease for the building from the City of Kenai. We would appreciate it if two officials from your organization would acknowledge receipt of this grant and agreement with its terms by October 21, 2005. We have provided a grant agreement for this purpose. The Foundation will issue a check payable to your organization after receiving your acknowledgement. Please reference the enclosed grant policies for payment procedure. Our Directors are interested in keeping in touch with your activities during the course of the year. If you have a special event, receive recognition for your services, or have a significant accomplishment, we would like to hear about it. You may wish to include us on your regular mailing list. Also, if any key people involved in the proiect change, please notify us in writing. Congratulations on your award. entKaplan Enc. (1) COUNCIL ON AGING NOVEMBER 3, 2005 KENAI SENIOR CENTER 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER & ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MEETING SUMMARY -- October 6, 2005 ITEM 4' PERSONS SCHEDULED TO BE HEARD Barbara Waters -- The LeeShore Center ITEM 5: OLD BUSINESS a, ITEM 6: Discussion-- Kitchen Remodel Project Discussion -- Assisted Livin§ Update NEW BUSINESS , ao Discussion -- Mystery Dinner Theatre Discussion -- "Day of Cleaning" Discussion -- Capital Improvement Plan ITEM 7: REPORTS Council on Aging Chair Director Council Liaison ITEM 8: QUESTIONS & COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Council Action Agendas of October 5 and 19, 2005. Membership List ITEM 11: ADJOURNMENT COUNCIL ON AGING NOVEMBER 3, 2005 KENAI SENIOR CENTER 7:00 P.M. CHAIR BILL OSBORN~ PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER/h ROLL CALL Chair Osborn called the meeting to order at approximately 7'00 p.m. and roll was confirmed as follows: Members present: Others present: J. Holllier, L. Flowers, R. Jurgensen, G. Kuntzman, B. Osborn, J. Harris, F. Wilson, E. Jones Council Member Mike Boyle, Director Rachel Craig A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Member Harris MOVED to approve the agenda with the removal of Item 6-a, the Capital Improvement Plan. Member Kuntzman SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- October 6, 2005 MOTION: Member Hollier MOVED to approve the meeting summary as presented and Member Wilson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Barbara Waters-- The LeeShore Center Ms. Waters reported she is the Volunteer Coordinator at the LeeShore Center and gave an overview of the Center, their purpose, and programs available. She noted, seniors can get involved by volunteering to read to children who are staying at the facility, help at their holiday parties, etc. ITEM 5' OLD BUSINESS Discussion-- Kitchen Remodel Project Director Craig reported it is hoped the remodeling project will be completed by November 17; all the new equipment is in Kenai; and, the tiling should begin during the next week. It was commented the workers had been very accommodating and nice. a-bo Discussion -- Assisted Living Update The members reviewed the architectural drawings of the proposed facility. ITEM 6: NEW BUSINESS Discussion -- Mystery Dinner Theatre Craig reported a Mystery Dinner Theatre presentation of "Dinner by Seven; Dead by Eight" would be held on November 18 and 19 at 7'00 p.m. at the Senior Center; no Sunday matinee would be held; and tickets were available at the Senior Center, as well as Charlotte's and River City Books. Discussion -- "Day of Cleaning" Craig reported the Center would be closed in order for staff and volunteers to hold a cleaning day prior to the Open House scheduled for December 4. During the cleaning day, the Center would be closed and would allow staff to clean and organize the kitchen, dining room, card and craft rooms. Discussion -- Capital Improvement Plan Removed from the agenda. ITEM 7: REPORTS Council on Aging Chair -- No report. 7-b. Director -- Craig reported some of the seniors were working with Kenai Peninsula College in their beginning drawing and digital photography classes. Students are doing portraits of seniors and students are volunteering time at the Center. An art exhibit is planned for December 4 to coincide with the open house for the new kitchen. COUNCIL ON AGING MEETING NOVEMBER 3, 2005 PAGE 2 7-c. Council Liaison -- Council Member Boyle stated he was glad to be a part of the group and offered his assistance if needed. ITEM 8: OUESTIONS/h COMMENTS-- None. ITEM 9: PERSONS NOT SCHEDULED TO BE HEArt) -- None. ITEM 10: INFORMATION 10-a. 10-b. Council Action Agendas of October 5 and 19, 2005. Membership List ITEM 11: ADJOURNMENT The meeting adjourned at approximately 8'30 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING NOVEMBER 3, 2005 PAGE 3 KENAI HARBOR COMMISSION MEETING NOVEMBER 7, 2005 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER & ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MEETING SUMMARY -- September 12, 2005 ITEM 4' PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ao Discussion -- Kenai River Bank Erosion Update ITEM 6' NEW BUSINESS Discussion/Recommendation -- City of Kenai Capital Improvement Plan Election of Vice Chair ITEM 7: REPORTS ao Director Dock Foreman City Council Liaison ITEM 8. COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of October 5 and 19, 2005. b. 10/13 / 05 Kenai River Special Management Area meeting agenda and minutes of 9/8/05 meeting. c. Membership List Update ITEM 11' ADJOURNMENT KENAI HARBOR COMMISSION MEETING NOVEMBER 7, 2005 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at 7'00 p.m. follows' The roll was confirmed as Commissioners present: T. Thompson, S. Romain, Osborn, G. Foster, Canady Commissioners absent' B. Eldridge Others present' Planning & Zoning Assistant N. carver, Public Works Manager J. La Shot, Council Member C. Massie A quorum was present. ITEM 2' AGENDA APPROVAL MOTION: Commissioner Osbom MOVED to approve the agenda with the addition of the updated lay down to 6a and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MEETING SUMMARY-- September 12, 2005 MOTION: Commissioner Osbom MOVED to approve the meeting summary of September 12, 2005 and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. ITEM 4- PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS , , Discussion -- Kenai River Bank Erosion Update Thompson gave an overview of the project and discussion followed. Comments included: · La Shot was asked why this phase stopped and La Shot reported the Corps of Engineers didn't know if the City wanted to continue. La Shot suggested the Commission forward a motion to council. · The Corps wanted a study on groundwater. · Thompson suggested Borough Mayor Williams be kept informed of the project's status. MOTION: Commissioner Romain MOVED the Commission recommend to the City Council to proceed with any available funds for continued study of bluff erosion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS Discussion/Recommendation -- City of Kenai Capital Improvement Plan The Commission discussed the Exit Road and Bluff Erosion projects. Comments included: forwarded. They believe the Exit Road project is do-able. La Shot suggested a motion to Council with recommendations be Commissioner Romain volunteered to attend the Planning & Zoning Commission meeting on November 9. MOTION: Commissioner Foster MOVED to recommend to the Council to move the Exit Road Project to Urgent/Essential Status. Commissioner Roma. in SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Romain MOVED to recommend to the Council to move the Bluff Erosion Project to Urgent/Essential Status. Commissioner Osbom SECONDED the motion. There were no objections. SO ORDERED. 6-b o Election of Vice Chair MOTION: Commissioner Romain MOVED to elect Bill Osbom as the Vice Chair. Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-a. Director-- No report 7-b. Dock Foreman -- No report 7-c. City Council Liaison -- Council Member Massie noted the action agenda from the October 19 meeting was in the packet. HARBOR COMMMISSION MEETING NOVEMBER 7, 2005 PAGE 2 ITEM 8: COMMISSIONER COMMENTS/OUESTIONS Commissioner Foster brought up a no-wake issue and noted, enforcement is through the Coast Guard who won't enforce it; what other means are available; wake is what is causing some of the erosion; and suggested no-wake signs be posted. MOTION: Commissioner Canady MOVED the Commission recommend to Council an alternative transportation corridor for commercial transportation such as harvesters on the north beach be explored. Commissioner Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 9' PERSONS NOT SCHEDULED TO BE HEA ~RD -- None ITEM 10: INFORMATION 10=a. 10-b. 10-c. Kenai City Council Action Agendas of October 5 and 19, 2005. 10/13/05 Kenai River Special Management Area meeting agenda and minutes of 9 / 8 / 05 meeting. Membership List Update ITEM 11' ADJOURNMENT MOTION: Commissioner Osbom MOVED to adjourn and Commissioner Roma_in SECONDED the motion. There were no objections. SO ORDERED. The meeting was adjourned at approximately 8:02 p.m. Meeting Summary prepared by: Karl Mohn, for Carol L. Freas, City Clerk HARBOR COMMMISSION MEETING NOVEMBER 7, 2005 PAGE 3 ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ao ITEM 6: ae ITEM 7: a. ITEM 8: ITEM 9: ITEM 10: a. ITEM 11: KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS NOVEMBER 1, 2005 7:00 P.M. AGENDA CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY-- October 4, 2005 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Draft Resolution -- Proposed Library Addition/Request for Fundin§. NEW BUSINESS Discussion -- CIP Plan/Project Justification Discussion -- Proposed Addition Floor Plan Review REPORTS Director Commission Chair Friends of the Library City Council Liaison COMMISSIONER COMMENTS / QUESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Kenai City Council Action Agendas of October 5 and 19, 2005. Updated Membership List ADJOURNMENT KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS NOVEMBER 1, 2005 7:00 P.M. CHAIR EMILY DE FOREST, PRESIDING MEETING SUMMARY ITEM 1. CALL TO ORDER & ROLL CALL Chair DeForest called the meeting to order at approximately 7'00 p.m. confirmed as follows: Roll was Commissioners present: Commissioner absent: Others present: K. Heus, E. DeForest, E. Bryson, B. Peters C. Brenckle Acting Library Director L. McNair and Council Member B. Molloy ITEM 2: AGENDA APPROVAL MOTION: Commissioner Peters MOVED to approve the agenda as presented and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MEETING SUMMARY-- October 4, 2005 MOTION: Commissioner Peters MOVED to approve the meeting summary as presented and Commissioner Bryson SECONDED the motion. There were no objections SO ORDERED. ' ITEM 4: PERSONS SCHEDULED TO BR H~'-A!~r) -- None. ITEM 5: OLD BUSINESS Discussion -- Draft Resolution -- Proposed Library Addition/Request for Funding. The Commission reviewed the draft resolution included in the packet which also noted amendments made at their last meeting. Council Member Molloy stated he would inquire as to when to bring the resolution forward (perhaps after the Capital Improvement Project list is completed). MOTION: Commissioner Bryson MOVED to approve the draft resolution with the indicated amendments. Commissioner Heus SECONDED the motion. There were no objections. SO ORDE~D. ITEM 6: NEW BUSINESS ,, Discussion -- CIP Plan/Project Justification The members reviewed the project justification for its proposed library expansion to be included with other suggested city projects in the CIP Plan. Comments included, the justification spoke to the need for the addition to move forward and whether the description should be more general with no specific footage identified. MOTION: Commissioner Heus MOVED to accept the justification as presented to be forwarded as a project nomination. Commissioner Bryson SECONDED the motion. VOTE: Heus Peters Yes DeForest Yes Yes Brenckle Absent IBryson Ycs MOTION PASSED UNANIMOUSLY. 6-b. Discussion -- Proposed Addition Floor Plan Review Review of past suggested floor plans for an expansion were reviewed by the membership. Comments included: · · · description. outline. Not enough square footage. Does the project need to have specific footage? Will the Commission be able to request modifications to the project The physical description of what is needed should be included in an MOTION: Commissioner Peters MOVED the project description should use a construction cost range of $1.9 to $3.8 million. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS -ae Director -- Acting Director McNair noted the following: Welcomed Council Member Molloy. Gave an overview of library programs. LIBRARY COMMISSION MEETING NOVEMBER 1, 2005 PAGE 2 · Commission. Rebecca Gilman submitted an application for appointment to the · Top Library Director applicant Mary Jo Joiner will be at the library on November 7 at 6:00 p.m. to meet staff and Commission members. 7-b. Commission Chair-- DeForest noted the following: · Welcomed Council Member Molloy. · She plans to attend the NoVember 9 Planning as Zoning Commission meeting to speak to the library addition. · She stated her support of Gilman being appointed to the Commission. · She stated she was looking forward to meeting Ms. Joiner. Friends of the Library-- No report. 7-d. City Council Liaison -- Council Member Mollov stated he was happy to be involved with the Commission as its council liaison and distributed his email/contact information. ITEM 8' COMMISSIONER COMMENTS / (~UESTIONS Heus -- Suggested changing the Library renovation project description to omit the size and include only what is desired to be part of the project. Heus recommended the project description wording be changed to say: An addition to the present library which will include, but not be limited to, children/juvenile area; shelving area; individual quiet study area; staff work place; Librarian's office; public computer areas; and be brought to ADA and safety standards. Bryson-- Noted the following: · Stated she felt it important to have someone attend the Planning & Zoning Commission meeting on November 9. She added, she would contact Friends of the Library members to inform them of the meeting. Thanked Heus for her work on the project paperwork. · Welcomed Molloy. Peters -- Welcomed Molloy; thanked Heus for her work on the addition; indicated Blaine Gilman has expressed interest in be appointed to the Commission and helping with the expansion. Heus -- Stated she would be out of town for the December meeting; wants to pursue the expansion; and will speak to friends to attend. ITEM 9: P. ERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION LIBRARY COMMISSION MEETING NOVEMBER 1, 2005 PAGE 3 10-a. 10-b. Kenai City Council Action Agendas of October 5 and 19, 2005. Updated Membership List ITEM 11' ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8'50 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING NOVEMBER 1, 2005 PAGE 4 CITY OF KENA I' "V'dlage with a past- City with a futL_ BACKGROUND AND PERSONAL DATA- CANDIDATF~ FOR APPOINTMENT COMMITTEF~ AND COMMISSIONS RETUB.N TO: KENAI CITY CLERK 210 FIDALGO AVENUE KEN~, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283-5068 Resident of the City of Kenai? Residence Address ~ ~ Marling Address ~ ~I/~A ~_~ Home Fax No. Business Fax N°. How long? Home Telephone Business Telephone No ~ .,g:3 .~-- ~ Email Address: /'.~r'; ~ m'_.//~ d~ May we include your contact information on our web page? ALL~ Ii' ~ot-~, w~'a'~i~f~rmation may we include? :MPLOYER: t - NAME OF SPOUSE: ~'-~'~4 ~ NJ Current membership in organizations: Past organ/zational memberships: COMMITTEF~ OR COMMISSIONS IN WIIICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH TInS COMMISSION OR COMMITTEE? ~~ BACKGRO~, ~~NCE, OR C~DE~~ ~ ~~ ~~S ~ B~G ~ ~~ BO~ COMMISSION OR COMMITTR MEMBERSHIP~ Signature H0¥--02-2005 1~2-'4,8 PH R H & E 90'?2852009 P· 02 CITY OF KENAI "Village with a pratt- City BAGII:GROUND AND legl~ON~ DATA- ~OMMI~SIONB RBTUBB' TO: srnqAl GrTY CLBRK 210 rlDALGO AVENUB KEN&I, ~ 90611 PHOH~: 288-?tS3B, EXT. 231 tAX: 283-S068 . bsident of the City or Konai? y_-e ~J _ . Ho~ Ionfp ' '.~ ~'- .,~ .T,, p.J. ~r t~ Residence Address_ ~ WAMB or 8POUBI~: Cuz~nt membership in o .r~ufi!--_f4om: _~~.,.~: i mmll Il -~ I PaR oqu~a-o_*%n_._l memberships: _ · _WrI'B ~ ~~~ON OR C~OMMXT'r'~? . WKA? BAOKOROUHD, I~[I['BIm2K~, OR CREDEIlT~ DO YOU POSSES8 TO BRING TO THE BOARD, C~~W OR CO~ ~?~mR,~~ . . . · KENAI PARKS & RECREATION COMMISSION NOVEMBER 3, 2005 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' ITEM 2' ITEM 3' ITEM 4' ITEM 5: ao ITEM 6: a. ITEM 7: ITEM 8' ITEM 9' ITEM 10: a. ITEM 11: ,, CALL TO ORDER/k ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY -- October 6, 2005 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Capital Improvement Project Plan/Playground Renovation Discussion-- Kenai Outdoor Complex/Soccer Park NEW BUSINESS Discussion/Recommendations-- 2005 Dip Net Fishery Report REPORTS Commission Chair Director City Council Liaison COMMISSION (~UESTIONS & COMMENTS PERSONS PRESENT NOT SCHEDULED TO BE HEARD INFORMATION Council Action Agendas of October 5 and 19, 2005. Beautification Committee Meeting Summary of October 11, 2005. October 2005 Ice Schedule ADJOURNMENT KENAI PARKS ~ RECI~EATION COMMISSION NOVEMBER 3, 2005 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR DALE SANDAHL, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Sandahl called the meeting to order at approximately 7'03 p.m. confirmed as follows: Roll was Commissioners present: Commissioners absent' Others present: A. DeMello, D. Sandahl, J. Foglia, D. Hagen and R. Lawrence J. Carroll and T. Wortham Council Member J. Moore and Parks & Recreation Director B. Frates ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY -- October 6, 2005 There were no changes to the October 6, 2005 meeting summary and it was approved as submitted. ITEM 4: PERSONS SCHEDULED TO BE HE_A~r) -- None. ITEM 5: OLD BUSINESS Discussion -- Capital Improvement Project Plan/Playground Renovation Parks & Recreation Director Frates reviewed the Capital Improvement Project list as it was presented to the Commission at their October 6 meeting along with the cemetery expansion/land acquistion project recommended by Commissioner Sandahl. Frates · explained the list process and noted it would be ultimately prioritized and scored based on criteria presented in the packet. Other project nominations were requested and none were noted. Kristine Schmidt -- Thanked administration for the process and recommended "pocket parks" be considered to better serve some residential areas and suggested neighbors may be willing to maintain the parks if some improvements were made by the City. The Commission recommended presenting the three project nominations as presented and examine "pocket parks" at a later time. a-bo Discussion -- Kenai Outdoor Complex/Soccer Park Frates presented two possible outdoor complex designs; noted the differences between the two; indicated the reason for two designs as related to the borough property contained within the subject area; and added, both of the designs would accommodate the Kenai Kennel Club's needs. Discussion followed regarding whether administration should proceed with the Kennel Club's request for use of property. The Commission's recommendation was the Club be granted use of property through some lease or special use permit. MOTION: Commissioner Lawrence MOVED to recommend the city enter into an agreement with the Kenai Kennel Club for use of the parcel noted on the site design for the purpose of a dog park. Commissioner Hagen SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS -[[. Discussion/Recommendations -- 2005 Dip Net Fishery Report Frates referred to the report included in the packet and noted some of the statistical data, along with recommendations for next season. He added, of particular interest to the Parks Department was the installment of the permanent restroom and camping/fires east of South Spruce Street. Discussion followed relating to the placement of the restroom and comments included: · Council Member Moore suggested the restroom be placed along the back edge of the parking lot away from the beach access road. · Creation of another access road, specifically for commercial fishing operations. · Place the restroom away from the high traffic area. · Not allow camping and fires west of South Spruce Street and extending to the city limits, with the exception of commercial fishing operators. Recommendations of the Commission were' · Place the restroom on the back edge of the parking lot. · Do not allow camping/fires, with respect to the dip net fishery, from South Spruce Street and west to the city limits. · Investigate more thoroughly the idea of creating another beach access point specificallY for commercial fishing operators. ITEM 7: REPORTS PARKS & REC~ATION COMMISSION MEETING NOVEMBER 3, 2005 PAGE 2 7-a. Commission Chair-- Chair Sandahl commented on Mr. Getty's presence at the cemetery and need for additional space. 7-b. Director -- Frates reported the following- , An update on the multipurpose facility use and upgrades. · Parks ga Grounds Assistant position. · Meetings with respect to a possible marathon next fall and Kenai Winter Classic activities. 7-c. City Council Liaison -- Moore reported on the annual audit report of the city was presented at the November 2 council meeting and other business discussed. ITEM 8: COMMISSION (~UESTIONS/h COMMENTS -- None. ITEM' 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD Bob Molloy -- Relayed a suggestion he received to re-cap the East End Trails with gravel. ITEM 10: INFORMATION 10-a. 10-b. 10-¢. Council Action Agendas of October 5 and 19, 2005. Beautification Committee Meeting Summary of October 11, 2005. October 2005 Ice Schedule ITEM 11: ADJOURNMENT The meeting adjourned at approximately 8'23 p.m. Meeting Summary prepared by' Carol L. Freas, City Clerk PARKS & RECREATION COMMISSION MEETING NOVEMBER 3, 2005 PAGE 3 KENAI BEAUTIFICATION COMMITTEE MEETING NOVEMBER 8~ 2005 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- October 11, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS Discussion/Recommendations -- Capital Improvement Plan ITEM 7: REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: QUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. City Council Action Agenda of October 5 and 19, 2005. Parks & Recreation Commission Meeting Summary of October 6, 2005. Updated Membership List ITEM 11: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE MEETING NOVEMBER 8, 2005 7:00 P.M. KENAI COUNCIL CHAMBERS MEETING SUMMARY ITEM 1' CALL TO ORDER/h ROLL CALL The meeting was called to order at 7:03 p.m. The roll was confn'med as follows: Members present: Members absent: Others present: M. Dimmick, L. Seymour, L. Nelson, H. Brown, P. Baxter, S. Hatch M. LeFebvre Parks & Recreation Director Bob Frates ITEM 2' AGENDA APPROVAL The agenda was approved with the addition by Member Dimmick of a December and January meeting discussion under old business Item 5-a. There were no objections. ITEM 3' APPROVAL OF MEETING SUMMARY -- October 11, 2005 Dimmick requested the word "adding" be deleted from the last paragraph under item 5- a and delete "July" from the motion under 6-a as originally discussed. There were no objections. ITEM 4' PERSONS SCHEDULED TO B_R Hg'.ARD -- None ITEM 5: OLD BUSINESS MOTION: Member Brown MOVED the committee not meet in December and January and Member Seymor SECONDED the motion. There were no objections. SO ORDERED. ITEM 6' NEW BUSINESS . Discussion/Recommendations -- Capital Improvement Plan Frates gave an overview of the three projects submitted by his department. There were no additions by the Committee. Projects proposed by other city departments were reviewed. Member Hatch supported the Parks & Recreation Project nominations. Member Nelson agreed and stated she felt the proposed Senior Center garage was badly needed as well. Dimmick agreed with the cemetery improvements and expansion proposal. ITEM 7: RRPORTS Committee Chair-- No report. 7-b. Parks/l~ Recreation Director-- Frates reported the followin§: · Progress had been made with the department assistant hiring process. · He received two calls from individuals that used the community gardens last season who indicated someone stole their crops. Kenai City Council Liaison -- No report. ITEM 8' OUESTIONS AND COMMENTS -- None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD-- None ITEM 10' INFORMATION 10=a. 10-b. 10-¢. City Council Action Agenda of October 5 and 19, 2005. Parks & Recreation Commission Meeting Summary of October 6, 2005. Updated Membership List ITEM 11' ADJOURNMENT The' meeting adjourned at approximately 7:45 p.m. Meeting Summary prepared by: Kari Mohn for Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING NOVEMBER 8, 2005 PAGE 2 TO' FROM' DATE' RE: KENAI, ALASKA 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us MEMORANDUM Mayor and Council Members Carol L. Freas, City~C,l.erk ^,~ City of Kenai November 16, 2005 Appeal of Planning & Zoning Commission Recommendation Related to the Lease Application, Tract B-l, Baron Park No. 10; Tract C, Baron Park No. $; and Lot 1, Baron Park No. $/Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores,/nc. -- Appeal Filed by Debbie J. McKay, 85441 Chinook Road, Kenai, AK (Nikiski} A letter of appeal was received on Wednesday, November 16, 2005 in the above-referenced matter. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall, be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and/or applicant for the action or determination must be sent by certified mail, return receipt requested. Please set a Board of Adjustment hearing for the above-referenced matter using the following information: THIRTY-DAY END DATE DECEMBER COUNCil, MEETING DATES December 7 and 21, 2005 SiXTY-DAY END DATE January Council Meeting Date Friday, December 16, 2005 Sunday, January 15, 2006 {move to Monday, January 16, 2005) January 4, 2006 Note: There were comments from council after the last more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. Other suggested dates would be: December 6, 12, 15, 16, 19, and 20, 2005. clf MEMORANDUM To~ From: Date: Subject: Chuck Kopp, Acting City Manager. d) Larry Semmens, Finance Directo~ November 10, 2005 Health Insurance Worksession Council requested a worksession on health insurance. I am out of town 11/11 - 21 and 11/28-30. So I am available November 22, 23 and during the day Nov. 28. Or anytime in December. I would like to have council approval of a new plan at the December 7 meeting. 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: Chuck Kopp, Acting City Manager Carol L. Freas, City November 2, 2005 Last week I was requested by Council Member Molloy to place a link on the City's webpage to his personal webpage. I indicated I would be happy to do so, but needed to run the request by Attorney Graves first. In speaking with Cary about the request, I mentioned Assembly Member Chay made a similar request at a Borough Assembly meeting soon after his election. Cary a.sked me to check with Borough Clerk Biggs as to how the request.was handled. The Kenai. Peninsula Borough did place a link.from their webpage to Assembly Member Chay's personal webpage, but included a disclaimer and then the link (see http://borough.kenai.ak.us; Assembly/Clerk; Dan Chay; webpage). I brought that information to Cary's attention and he thought the disclaimer's wording very good and suggested Molloy's request be forwarded t° you to bring to council's attention and ask if they have any objections to adding a link to Council Member Molloy's personal webpage (or any others). I've attached a copy of what the notice would state. clf CC: Cary Graves, City Attorney NOTICE You are now leaving the City of Kenai website maintained by the City of Kenai, a nonpartisan entity. The City of Kenai is not responsible for the content of the page to which your browser is about to be sent. Inclusion of links and frames in the City of Kenai website does not imply the City of Kenai endorses the linked or framed sites or their content. Council Member 's website' 210 I::iclal~lo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX' 907-283-3014 KENAI. ALASKA 11/8/2005 MEMORANDUM To' Chuck Kopp, Acting City Manager From- Andy Vamer, Econ. Dev. Projects Coordinator Date: November 8, 2005 RE: Monthly Report The KEDS Action Team had a meeting on October 7. Here were some of the items discussed: The Ed. & Workforce Development Committee started its baseline assessment of sites, programs, and programs for expansion of educational opportunities in Kenai. First was the PRISM Center, next will be the Challenger Learning Center and contacting AVTEC. The Quality of Life Committee discussed the possibility of a 'Non-Profit Fair' or 'Philanthropy Appreciation' dinner. The idea would be a sort of"mixer" to let attendees know what individual organizations offer in the community, and how people could get involved. The appreciation function would recognize community members for their time and efforts. The Infrastructure Committee will get involved in the Capital Projects plan and give the KEDS group's point of view on projects that will be most beneficial for economic development in Kenai. The Committee will try to stay informed for the planning process. In Tourism, a Kenai-Soldotna Marathon is still in the works, along with Watchable Wildlife signage and a more distinct bird-watching effort in Kenai. The KEDS Action Team plans to provide a letter of support to Council on behalf of the Wal- Mart proposal. Penny Carty was chosen as the AT's representative for the Mini-Grant program. Several Action Team members plan to attend the Destination Marketing presentation on 12/1. The VISTA grant was approved for a third year, and the volunteer will arrive on or about January 27th of 2006. INTEROFFICE MEMORANDUM KENAI FIRE DEPAR T Date: To: From: Subject: October 8, 2005 City Manager Fire Chief Tilly Midmonth report Runs for the timeframe of 10-13 through 11-7' Run total for the year 1039 runs Total last year at this time 1010 runs Summary of activities for last month: October was Fire Prevention Month - Use Candles with Care was the emphasis. KFD went to Ben Franklin, Creative Play, Reads Primary, Montessor, Kenaitze Head Start, Sears Elementary, Kaleidiscope, and Mountain View Elementary. Attended Aspirations mentorship program at KCHS. Public Health Nurses administered Flu Shots for City Employees. Hosted the Hockey Skills Competition for the Horizon Air tournament. Attended Kenai Peninsula Fire Chiefs meeting. Finalized the training of 2 new Engineers for the department. Attended the Kenai Peninsula EMS council meeting. Trained all OF Kenai Police Department members on the use of Automated External Defibrillators. Kenai Firefighters association sponsored a Hockey Skills Competition for the Horizon Air Ice Challenge Tournament. Sent one member to the EMS Symposium in Anchorage. KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-283-3014 MEMORANDUM To' Chuck Kopp, Acting City Manager From: Andy Vamer, Econ. Dev. Projects Coordinator Date' November 8, 2005 RE' Monthly Report The KEDS Action Team had a meeting on October 7. Here were some of the items discussed: The Ed. & Workforce Development Committee started its baseline assessment of sites, programs, and programs for expansion of educational opportunities in Kenai. First was the PRISM Center, next will be the Challenger Learning Center and contacting AVTEC. The Quality of Life Committee discussed the possibility of a 'Non-Profit Fair' or 'Philanthropy Appreciation' dinner. The idea would be a sort of"mixer" to let attendees know what individual organizations offer in the community, and how people could get involved. The appreciation function would recognize community members for their time and efforts. The Infrastructure Committee will get involved in the Capital Projects plan and give the KEDS group's point of view on projects that will be most beneficial for economic development in Kenai. The Committee will try to stay informed for the planning process. In Tourism, a Kenai-Soldotna Marathon is still in the works, along with Watchable Wildlife signage and a more distinct bird-watching effort in Kenai. The KEDS Action Team plans to provide a letter of support to Council on behalf of the Wal- Mart proposal. Penny Carty was chosen as the AT's representative for the Mini-Grant program, Several Action Team members plan to attend the Destination Marketing presentation on 12/1. The VISTA grant was approved for a third year, and the volunteer will arrive on or about January 27th of 2006. MEMORANDUM To: From: Date: Subject: Chuck Kopp, City Manager Rachael S. Craig, Senior Center Director October, 27, 2005 October 2005 Monthly Report Total number of days rented in October 2005' Total Meal Count for October 2005:2,569 Total Congregate Meals Served: Total Home Meals Served: Total Non-Senior Meals: October 2004 Meals Served: Total Congregate Meals Served: Total Home Meals Served: Total Non-Senior Meals' 1,263 1,299 7 2,390 1,313 1,059 18 Volunteers donated 1,033 service hours for the month of October. The Senior High Civic project was a great success! Both senior high students and seniors enjoyed a night of karaoke, good food and good clean fun! The Senior Center hosted the Public Health to give flu shots in October. health provided at least 150 flu shots to citizens. The public For our grant reporting, we have been documenting the number of senior clients that participate in our activity program. This past quarter (July- September) we had 600 senior clients participating in various activities within the senior center facility. These activities include but are not limited to Tai Chi, exercise, pinochle, bridge, TOPS, bell ringers, Bible Reading and scrabble. Off site activates include line dancing, bowling, performances by the Bell Ringers and Line Dancers, water aerobics, and picnics. This past quarter, 498 senior clients participated in off site activities. Off site activities- 214 seniors participated in 10 trips to various places including Homer, Anchorage, Seldovia, Hope, Halibut Cove and a trip to the Alpaca Ranch. We have begun a Walking Program entitled, "You Can." It .is a national program recognized by the President. A practicum student from KPC is facilitating the program at the Center. We have 11 seniors participating. Senior Connection, Inc. and Kenai Performers will be presenting their Mystery Dinner Theater the 18~ and 19th of November. Tickets are $20 each and dinner starts at 7p.m. Senior Connection, Inc. is also selling pumpkin and apple pies during the holidays. The pies are $12.00 each. Call to place your order, pick-up is on the 23ra of November between 3p.m. and 5p.m. nai Municipal Airport Airport Manager's Monthly Report November 9, 2005 Short-Term Vehicle Parking' This month we installed a new light in the pay booth and additional signage in the short-term parking lot. We have received a positive response to our coupon program and continue to improve the signage plan. We are issuing an average of three warning tickets for non-payment each day. The good news is we do not see many repeat offenders, which indicates that folks who neglect to pay simply do not understand the program, we will continue to use the warning tickets as a learning tool and very slowly transition to parking violations and fines as allowed by the recent Code change. During the past 30 days, revenues from the short-term lot were approximately $1120. This is a respectable return considering October is traditionally a slow month for enplanements. Wings Cafe- Council has noted a concern that the Cafb sometimes closes unexpectedly due to illness in this small family run business. Research indicated the main frustration expressed by the customers was that they park in the lot and walk into the Terminal to only discover the restaurant is closed. In an effort to improve our customer relations, an electrical outlet is now installed on the outside of the building adjacent to the restaurant parking area with a switch in the restaurant. We have requested and the Petreys have agreed to place a neon open sign on the outside of the building and turn it on and off as appropriate. We hope this will improve communication with the public, especially the lunch crowd and attract more local business to the restaurant. Planning Project: Tom Middendorf will make a presentation at the November 16 Kenai Chamber luncheon; there is a public meeting at City Hall at 6pm on November 17 and the final work session with Council and Commission is 1pm on November 18. The Supplemental Planning documents are available on-line at www. KenaiAirport.com. Rental Car Concession Bids' For the past several months we have been working with the staff at City Hall and our rental car concessionaires to negotiate a bid package. The car rental concession bid is currently being advertised with bids due on November 30' Unlike past bids, we provided the current concessionaires with a draft bid packet early in the process. This allowed these businesses to review procedures, contract language and make comments or suggestions well in advance of the bids. We believe this pro- active approach to communication with our prospective tenants leads to a better process and more productive working relationships. CITY OF KENAI "oa 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 MEMORANDUM TO: FROM' DATE' SUBJECT: Charles M. Kopp, Acting City Manager Jack La Shot, Public Works Manager November 9, 2005 Department Report for Council meeting of November 16, 2005 A current Public Works bid information sheet is attached and will be included as an information item for Council The new bleachers for the Multi-Purpose Facility have ardved. We are waiting for AWG approval of the installation contract. The work should start November 14, 2005. The last major item of work at the MPF will be installation of a security system. As discussed with you, the ClP final draft will be at the Council meeting as a lay down due to the time available for administration to rank the projects after review by the commissions and committees. Council could choose to have a public workshop in December or just hold public hearings. The Senior Center kitchen project is coming down to the wire for completion as scheduled. The equipment has arrived and tile is being set now. Hopefully, it will come together beforo the end of the month. "vi/life with a past, w '?h a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 KENAI. ALASKA MEMORANDUM To: From: Date: RE: Charles M. Kopp, Acting City Manager Robert J. Frates, Parks & Recreation Directorr¥1~ November 8, 2005 Admin. Report- October 2005 There were a total of 105.75 hours booked at the MPF in October. This is down from 141.25 compared to October 2004. This is largely due to fewer hours booked by KPHA and the void lef~ from Homer High School and the Homer Hockey Association. The bid for bleacher installation has been awarded to Welding Services and work should begin very shortly. Public Works received bids for two security camera systems for the MPF. One bid was for a local system (cameras may be accessed via interact and pictures recorded on site) for $15,800 and a more expensive system that reports directly to an off-sight location, i.e., Kenai Police Department. The cost of this system is $29,000. ConocoPhillips have selected a location for the MPF highway sign and work is scheduled to begin soon. The facility signs will be completed soon as well and the Director will meet with representatives from ConocoPhillips for placement. Additional ice logos are scheduled for installation in November. The Kenai Recreation Center celebrated 25 years of operation on November 9m. An open house and free activities were provided. The adult basketball league was formulated throughout the month of October and play began the first week in November. The cemetery gazebo was completed in October and the Kenai Lions Club fabricated benches for inside the gazebo. Some remaining landscaping needs to be completed and is scheduled for next summer. The Director has been meeting with other community members for purposes of planning a marathon mn, tentatively scheduled for the first week in October 2006, in addition to, the Kenai Winter Classic festivities scheduled for November 25th and 26th. KENAI MULTI-PURPOSE FACILITY ACTIVITY REPORT Month: October 05 ACTIVITY Customer Type: (hrs.) KPHA KCHS Homer H.S. North Pen. Rec. Adult League Nikiski H.S. Homer Hockey Assoc. Total Hrs: RevenUe· Ice Rental Public Skate Dasher Ads .Expenses' Ice Maint. Electric Gas Water and Sewer Sanitation Total Revenue: Total Expenses: TInS MONTH 46.50 24.00 5.00 3.25 27.00 105.75 $11,103.75 103.75 $9,900.00 6,527.28 402.55 341.11 64.00 THIS MONTH LAST YEAR 73.25 22.00 8.00 6.00 7.25 9.00 15.50 141.25 $14,831.25 161.00 262.87 315.72 64.00 $14,992.25 $17,039.30 YEAR TO DATE (Oct. first month of ice) $11,207.50 $17,234.94 $9,900.00 6,496.71 KENAI POLICE DEPARTMENT 107 South Willow Street Kenai, AK 99611 Tel. (907) 283-7879 Fax (907) 283-2267 TO' Mayor and City Council FM' Chuck Kopp, Chief of Police RE: October 2005 Department Report DT: Octo. ber 14, 2005 In October 2005, the Kenai Police Department responded to 575 calls for service, and the Emergency Communications Department answered 112 e911 calls. Kenai Police Department made 61 arrests for misdemeanor and felony offenses. Officers wrote 307 investigative reports, and made 254 traffic enforcement contacts. The department investigated 12 motor vehicle crashes. None involved occupant injuries. Significant training and other events are highlighted below: Officer Trevor Miller instructed at the Dept. of Public Safety Training Academy in Sitka for two weeks. DPS paid all expenses of Officer Miller. Officer Trish Gordon attended a one-week seminar in Anniston, Alabama on weapons of mass destruction training. The training and travel was funded by the Federal Law Enforcement Training Center. Investigators Mitch Langseth and Kelly George attended a two-day D.A.R.E. in-service training in Anchorage in preparation for D.A.R.E. instruction at Mt. View Elementary and Kenai Middle School. Officers Langseth, Ross, Miller, Hershberger, Tumage and Langham all attended a Kenai Police Department sponsored three-day patrol rifle course. Officer Whannell attended a one-week seminar on domestic violence prevention and investigation. Kenai Police Department received positive remarks from the local news media on the breakup of a large burglary ring resulting in multiple arrests and the recovery of thousands of dollars in stolen property. Page 1 of 1 Kim Howard .... From' Linda McNair Sent: Wednesday, November 09, 2005 12:28 PM To: Kim Howard Subject: October Report Kenai Community Library Report for October 2005 The highlight of October is the annual Friends of the Library dinner and raffle. All 300 tickets were sold and Larry & Susan Semmens were the lucky winners of the grand prize, $7,500. A delicious meal was enjoyed by all and entertainment was provided by the Kenai Spur Highway Spankers & Friends. We thank the Friends of the Library for all their efforts in fund-raising for our library. The Library had a Halloween Variety Show for the holiday. The Kenai Performers came complete with ghosts, goblins, songs, jokes, and tricks. Children and adults were encouraged to come in costume. We had standing room only for this great program. The Library has started a year long series of Mental Health presentations with speakers from our community. The first speaker, Henry Novak, was in the Library in October to present on how drugs and alcohol affect those suffering from mental illness. Now that the temperatures are dropping, we notice that more of our readers manaqe their library account from home. There are more renewals and searches done by the re~ders in their homes. By accessing their accounts from home they can see when items are due, renew books and place holds on books, and search the Public Access Catalog. The Library circulation continues to grow. New library cards issued were 156. There were 8,735 items in circulation this month. Winter time is a good time to catch up on recreational reading. We also see many students from all the schools in here to do research for their studies. Besides studying, Videos, DVDs, and Audiobooks are always very popular. When it is cold and snowy, it's nice to be able to curl up with a good book or be able to stay home and watch a good program from the Library. 11/9/2005 Kenai Community Library 163 Main Street Loop Kenai, Alaska 99611 REPORT FOR October 2005 CIRCULATION Fiction Non-Fiction Periodicals Adult Juvenile Easy Books 1817 1603 92 445 270 1071 287 Intemet Access Music Misc. 1413 138 11 Puzzles 4 Videos 906 DVD 464 Audiobooks 214 Total Printed Materials ............... 5585 Total Circulation ....................... 8735 PAC Searches ........................ 6907 ADDITIONS Docs Adult Juvenile Easy Books Gifts 2 75 10 41 21 Purchases 242 22 22 1 436 Total Additions ............................. AV INTERLIBRARY LOANS Ordered Received Returned Books 26 17 20 INTERLIBRARY LOANS BY OUR LIBRARY ........... 39 INTERNET USE ......... 1413 VOLUNTEERS Number ..... 16 Total Hours ..... 204 INCOME Fines and Rental Books 897.65 Xerox 273.30 Lost or Damaged Books 84.90 Total Income for ........ October, 2005 ........... $1,255.85 Library Cards Issued October, 2005 Kenai 93 Cooper Landing 1 Kasilof 14 Nikiski 14 Soldotna 20 Sterling 1 Other 12 Total 156 Library Patronage... Adult Programs .......... Childrens Programs ...... Family Programs .......... 8,041 Persons 38 Persons 229 Persons 173 Persons 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-283-3014 1992 MEMO: TO' Mayor Porter and Council FROM' Charles M. Kopp, Acting City Manager DATE' November 16, 2005 SUBJECT' City of Kenai Capital Improvements Plan 2006- 2011 Administration has circulated the Capital Improvements Plan for review and public comment through the City Commissions and Committees. Following the final Commission presentation (Planning and Zoning on 11/09/05), the Administration met with all department heads to review all projects nominated, and conducted a project needs assessment. Existing project plans, programmatic needs and public input were integral to the formulation of this draft Capital Improvements Plan. All projects were assigned definitions of urgent (U), essential (E), necessary (N), desirable (D), acceptable (A) and deferrable (DF). Only two projects were identified as Urgent: Kenai Bluff Erosion and Stabilization, and the Kenai Maintenance Shop Site Remediation. The remaining eighteen (18) projects were assigned definitions of Essential (7), Necessary (7) and Desirable (4). See definitions sheet attached. Administration made recommendations for several projects to be scheduled as bond referendums; they are identified at~er the project title with a single asterisk (*). Six (6) projects are in the planning and/or design stage of development and need funds for design work before project costs and a development schedule can be identified; these are identified with a double asterisk (**). The proposed Capital Improvements Plan 2006- 2011 identifies an estimate of project costs, project schedule, probable funding sources, and current status for each proposed project. Projects of a lower need/priority could be completed sooner than a project of a higher need should funding become available and Council accept the funds for the project. Mayor Porter and Council Memo Page 2 November 16, 2005 A Capital Improvements Plan work session is scheduled with our legislative representatives for Monday, November 28, 2005. I would expect to receive final comments from Council and any public members in this work session. This will also give the City an opportunity to discuss capital project funding priorities with our legislative representatives. Once the list is considered to be properly prioritized and planned, Administration will prepare a resolution to adop: :he City of Kenai Capital Improvements Plan 2006 - 2011 as the official six-year capital improvements plan for the City of Kenai. I expect to bring this resolution to Council at the December 7, 2005, Council meeting with the plan being adopted at the December 21, 2005, Council meeting. In order to be well positioned for state funding, the City's CIP should be updated every year to 1) submit our project priority list in AugUst/September and 2) have the project scope, schedule and budget organized and submitted to our le~slators in October or November so they have time to incorporate our projects in the January. legislative session. Many funding alternatives are under consideration for these projects with the most probable sources identified on the CIP list. If Council chooses to pursue general obligation bonds or revenue bonds as a funding source, Administration will prepare answers to the questions of assessments, appropriate debt service levels, etc. KENAI, ALASKA 210 Fidalgo Avenue, Kenai Alaska 99611-7794 ~ 1992 MEMORANDUM TO' FROM: DATE: SUBJECT: Chuck Kopp, Acting City Manager Jack La Shot, Public Works Manag~ '-'\u November 14, 2005 Capital Improvement Plan Priority List Administration prioritized the attached Capital Improvement Plan Priority List according to the Project Needs Assessment Schedule. The following information is a short recap of our discussion. Two projects were indicated as Urgent, the "Kenai Bank Stabilization Coastal Trail Construction" and the "Kenai Maintenance Shop Site Remediation." The Coastal Trail was kept high on the priority list in order to get funding and to proceed with the ground water study. ADEC is pressing the City to obtain the funds needed to begin the Shop Site Remediation. Projects such as the Vehicle Maintenance Facility and the Storage Facility are affected by the Remediation project. It was discussed that street projects might be included in a bond referendum for the October 2006 ballot. These proiects would include chip and seal, Mommsen Subdivision, Wildwood, and Highland Drive. Other street paving projects might also be included. City should approach State to share in funding for Wildwood Drive. Some projects need preliminary concept design work done before actual funding. These include: Cemetery Land Acquisition, Library Renovation/Addition, Outdoor Sports Complex, Vehicle Maintenance Facility, Senior Office Project, and Senior Garage. The Library, Outdoor Sports Complex, and Vehicle Maintenance Facility could be funded through the bond referendum also. Funding for the Water Treatment would come from one-half ADEC Matching Grants, loans, and W&S fund balance. Administration could target the worse of the Surface Drainage problems, the Kenai Recreation Center Exit and Playground Renovation projects through the general fund budget. These last two items were removed from the following CIP Priority List for this reason. _'~0 :3 ::); uJ t.u uJ t.u~ uJ' uJl uJ z z z z: z , .,.,. [ 0 (.'3 , ., I ,.. o° 8; 8 o o o oo_ o "' ""',-,~ C~ll , c3 v o, ooioo o o o o o,:, o o o 8'--° o o ~ o · ,, j~ o; E cq,.. o o o . ,~ ~ : .-_~.- ~~ ~ .~ $~, "':'- '" ~ == ~: ,,, : ~ ~' -": o. ~~-,.. .:..- . .-- :~. :~ ~; . ...,~° .... '=", ~ ~8~ Telephone- 907-283-7535 / FAX' 907-283-3014 1992 ~r~t C~' 0 KENAI, ALASKA 2005 PROJECT NEEDS ASSESSMENT SCHEDULE U=Urgent: The project cannot be reasonably postponed because it is necessary to correct a condition dangerous to public health, safety, or welfare --or- The project is required to maintain a critically needed program-or- The project is required to meet an emergency situation. E=Essential. The project is required to complete or make fully useable a major public improvement -or- A "Desirable" project that pays for itself. N=Necessary: Projects which should be carried out within a few years to meet clearly anticipated needs -or- Projects that will replace unsatisfactory or obsolete facilities -or- Projects to remodel existing buildings. D=Desirable: Adequately planned projects that could expand existing programs or initiate new ones --or- Projects that convert existing facilities to other uses. A=Acceptable: Adequately planned projects that could be postponed if budget reductions are necessary, without detriment to present operations. DF=Deferrable: Projects that should definitely be postponed or eliminated from the current capital program since the overall need for the project is questionable, adequate planning has not been done, or timing is wrong. CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Kenai Bank Stabilization and Coastal Trail Construction Project Description: This project is to construct a multipurpose bank stabilization structure and trail that will run for approximately one mile along the base of the Kenai bluffs. Preliminary planning suggests armor rock and riprap for bank stabilization with a coastal trail on top. It will begin at Kenai Avenue, at the mouth of the Kenai River, and progress along the riverbank to a new trailhead and parking area located just off Bridge Access Road. Project Justification: This bank stabilization project will provide needed relief to the City from the ongoing erosion of the bluff and associated property losses including roads, water, sewer, storm drainage, and land. The trail will provide a scenic walkway within the City of Kenai with easy, safe beach accesS down the bluff at several locations. A scenic estuary area will be crossed with a bridge, and periodic ramps and rest areas along the trail will provide handicapped accessibility and opportunities for wildlife viewing. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: SI4,000,000 $20,000 Estimated Effects on Municipal Budget: Maintenance and clean up costs in operating the trail plus any rock replacement. Recommended Funding Sources: 70% Federal Government = 20% Direct State Legislative Grant = 10% City of Kenai = $ 9,800,000 $ 2,800,000 $1,400,000 lO/2OO5 CITY OF KENAi PROJECT NOMINATION WORKSHEET Project Title: City of Kenai Maintenance Shop Site Remediation Project Description: The city maintenance shop area has been identified as a contaminated site. The project will remove and treat contaminated soils, install sewers to transport floor drainage and domestic waste to the city sewer system, and remove other sub-surface materials for proper disposal. Various site investigations have been prepared and a work plan for cleanup is being prepared. Other funding has also been applied for. Project Justification: We have spent several years preparing studies, installing monitoring wells, collecting samples and miscellaneous work. ADEC has requested that actual remediation work begin. Some of the cleanup standards have become less stringent, making it a good time to begin. Cleanup of this site will also lessen future city financial unknown liabilities. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: $1,000,000 $1o,ooo Unknown Estimated Effects on Municipal Budget: The initial cleanup will be costly and could affect future budgets depending upon funding sources. The cleanup, however, will remove a large potential financial liability as noted in recent audits. An on-going cost for long-term monitoring and testing will be required. Recommended Funding Sources: Alaska Legislative Grant (current available funds), ADEC Matching Grant (applied for), ADEC loan, City General Fund, Special Revenue Funds. 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Chip And Seal Pavement Upgrades Project Description: Chip and Seal Coat of existing paved streets in' Old Town Central Heights Subdivision Inlet View Subdivision Redoubt Subdivision Woodland Subdivision Project Justification: The last time the city seal coated these streets was 1988. The streets in these subdivisions need chip and seal coat improvements to extend the life of the pavement. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: $ 550,000 Reduction of present costs. Estimated Effects on Municipal Budget: Upgrading these streets would reduce the existing maintenance costs. Recommended Funding Sources: State of Alaska City of Kenai 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Mommsen Subdivision Street, Curb & Gutter, and Water Improvements Project Description: New pavement with curbs and gutters for: First Street and Second Street between California Avenue and Florida Avenue California Avenue and Florida Avenue Replace existing old small asbestos water mains with new water main lines. Project Justification: The streets and curbs and gutters in this section of Mommsen Subdivision are falling apart. They are past the point of repair and must be completely replaced. The water system in Mommsen was small community system that was turned over to the city. The mains are small and the pipes are old asbestos cement. They break very easily and need to be replaced. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: $ 500,000 Reduction of present costs Estimated Effects on Municipal Budget Upgrading the streets and water system would reduce the existing maintenance costs. Recommended Funding Sources: State of Alaska City of Kenai 10/2005 CITY OF KENAi PROJECT NOMINATION WORKSHEET Project Title: Wildwood Drive Pavement Replacement Project Description: New pavement for: Wildwood Drive Project Justification: Wildwood Drive is falling apart past the point of repair and must be completely replaced. Estimated Project Costs: Construction or purchase cost: $ 350,000 Annual maintenance and operation cost: Reduction of present costs. Other major cost items: Estimated Effects on Municipal Budgeb Upgrading these streets would reduce the existing maintenance costs. Recommended Funding Sources: State of Alaska City of Kenai 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Highland Subdivision Pavement Replacement Project Description: New pavement for: Silver Salmon Drive and King Salmon Drive in Highland Subdivision Project Justification: Silver Salmon Drive and King Salmon Drive in Highland Subdivision are falling apart. They are past the point of repair and must be completely replaced. Estimated Project Costs: Construction or purchase cost: $ 250,000 Annual maintenance and operation cost: Reduction of present costs Other major cost items: ' Estimated Effects on Municipal Budget: Upgrading these streets would reduce the existing maintenance costs. Recommended Funding Sources: City of Kenai 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: City Hall HVAC Improvements Project Description: Kenai City Hall construction was completed in 1981. The current HVAC system does not provide adequate heating capacity under winter conditions or cooling capacity under summer conditions. Also, air exchange standards are not being met by the existing system for an office environment. In 2001 an analysis of the system was prepared outlining recommendations for improvements. A cost estimate was also prepared and engineering plans developed. Project Justification: Proper control of the HVAC system to provide uniform heating and ventilation is a constant challenge with the present system. The lack Of air conditioning and proper temperature control requires the use of several fans during summer months and individual employee unit heaters in the winter to provide a suitable working climate. Proper air exchange and filtration are also questionable in today's office working climate. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: $150,000 Minimal Unknown Estimated Effects on Municipal Budget Initial improvements would impact the General Fund. On-going maintenance and operation should be minimal, or reduced, due to a more efficient system. Recommended Funding Sources: General Fund, grants 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Water Treatment System at Well Houses No. 1, 2, 3, & 4 Project Description: This project will accomplish the design and construction of treatment upgrades at Wellhouses 1, 2, 3, and 4 to reduce arsenic, manganese, iron, and color to below the MCLs. Wells 1, 2, and 3 were constructed in 1970, 1978, and .1997 before an arsenic MCL reduction was foreseen. The components of the system upgrades may include tanks for multimedia filtering, storage, and surge/backwash, pumps, chemical injection pumps, electrical control panels, air blower units, flow meters apparatus, and SCADA controls. Building add-ons would be required. The primary concern at WH 2 is color (from orgainics) which may require a sewer line or settling lagoon for backwash water. Project Justification: If the upgrades are not completed, the city's municipal water supply will exceed the new Maximum Contaminant Level, MCL, for arsenic in public drinking water effective in 2006. The arsenic levels found to date exceed the new MCL of 0.01 mg/l' Well 1 @ 0.02 mg/I, Well 3 @ 0.026 mg/I, and Well'4 (not in service) @ 0.038 mg/l. Secondary standards which will also continue to be exceed the MCL's are Manganese (0.076 mg/I, mci 0.05), Iron (.41 mg/I, mci 0.30 mg/I), and color (71 color units, mci 15). Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: $ 2,455,OO0 $ 24,000 Estimated Effects on Municipal Budget: It would increase the Water and Sewer Operating Budget but not the General Fund of the Municipal Budget. It may cause an increase in the water bills to utility customers. Recommended Funding Sources: 50% or $1,227,500 from ADEC Municipal Matching Grants Program. The other 50% could come from City Funds or the ADWF ( loan program) or Direct Legislative Grant. 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Public Safety Garage Project Description' Enclose, insulate, and provide minimal heat in the exiSting carport at the Public Safety Building. Automatic doors with remote actuation and personnel doors would be installed where necessary. Proje c t Jus tiflc a tio n: During the winter months, police vehicles sit outside under the carport or in the Open parking area. In order to have vehicles respond expeditiously to calls, they should be kept warm and frost-free. Many times during cold weather, officers must keep their cars running while in the station in order to be ready if called. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost:. Other major cost items: $100,000 $2,000-3,000 Unknown Estimated Effects on Municipal Budget: Minimal yearly utility and maintenance cost increase. Recommended Funding Sources: General Fund, grants 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Cemetery Land Acquisition & Development Project Description: Acquire and develop a new cemetery location that will meet the long-term needs of the community. Project Justification: The current cemetery is limited on space and will not sustain the long-term needs of the city. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: $40,000 to $300,000 $1o,ooo Estimated Effects on Municipal Budget: Maintenance cost increase. Recommended Funding Sources: General Fund, grants. 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Kenai Community Library Renovation/Addition Project Description: An addition to the present library which will include, but not be limited to, children/juvenile area; shelving area;, individual quiet study area; staff work place; Librarian's office; public computer areas; and be brought to ADA and safety standards. Project Justification: The need for additional library space has been discussed and studied for approximately ten years. A needs study done by members of the libra~ commission in 1995 indicated an additional 15,400 sq. ft. would be needed to bring the building up to a standard for the population and future five-year population growth. Many of the activities held in the library (especially children's and family programs) do not have adequate space. More children and families are participating than can be comfortably accommodated. In some instances, fire codes have been in question. Access for ADA compliance is lacking for use of a number of the library resources (videos, CD's, etc.). Use of computers by the public has been increasing significantly in the past years and recommended physical space is no longer available. Shelving for books and other materials storage is minimal. Areas for individual studies by adults and students are completely lacking. Estimated Project Costs: Construction or purchase cost: Annual malnt, nance and operatlon cost: Other major cost items: $1,900,000 - 3,800,000 $20,000-50,000 Furnishings Estimated Effects on Municipal Budget: The City General Fund would increase for maintenance and operations approximately proportional to the increase in square footage for the building. Some increase in revenues may be seen through increased user fees. Recommended Funding Sources: City General Fund, any combination of grants available, and Friends of the Library funds. 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Kenai Vehicle Maintenance Facility Project Description: The project would construct a new 24,967-square-foot vehicle and equipment maintenance building. The facility would have three new equipment/vehicle maintenance bays, a welding area, wash bay, tire area, offices, restrooms, parts storage, building maintenance shop area, miscellaneous storage, etc. A preliminary design has been prepared with a cost estimate prepared from schematics in 1998. The project costs reflect anticipated cost increases to 2006. This project could be scaled down in size and/or redesigned to achieve cost savings. Project Justification: The present original shop facility was constructed in the 1960's and has been added onto with building additions and connexes over the years. This facility is too small and inadequately equipped to maintain the city vehicle, heavy equipment, and small equipment fleet. Some of the larger equipment will not fit into the building and lack of space does not allow for efficient maintenance. The building does not have a mode'rn washroom and has substandard electrical and mechanical systems. Estimated Project Costs: Construction or purchase cost: $4,500,000 Annual maintenance and operation cost: $100,000 Other major cost items: Equipment included-some existing equipment to be moved from existing facility. Estimated Effects on Municipal Budget An increase in the City General Fund budget should be expected commensurate with other buildings of this size. Personnel additions are not expected initially. Recommended Funding Sources: City General Fund, grants, Special Revenue Funds 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: New Exit Road for the Kenai Boating Facility Project Description: This project is to construct a new road from the Boating Facility east to Bridge Access Road. Project Justification: Personal dip net fishermen from all over the state use the Boat Launch Road, parking lot, and launch ramps. Over 15,000 dip net permits for households are issued each year, and over 100,000 fish are caught in this Kenai River fishery. The City Boat Facility handles a lot of this fishery. This proiect will improve the traffic pattern and the overall operation of the Boating Facility. At times, the line of vehicles with boats or trailers extends down Boat Launch Road almost to Bridge Access Road. This presents many problems of access on this narrow road. Users often have to exit the facility and drive down Bridge Access Road to find a place to turn around and then back to Boat Launch Road to get in line to retrieve their boats. A new one-way exit from the facility would allow users with their boats to exit directly or allow vehicles with a trailer to make a loop to the line on Boat Launch Road to retrieve their boats. Estimated Project Costs' Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: $ 300,000 none Estimated Effects on Municipal Budget: None Recommended Funding Sources: City General Fund (From the revenue received from the dip net fishing parking and launch foes.) 1012005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Kenai Senior Center Office, Conference, & Storage Rooms Project Description: Additional office space for administrative assistant and director and small conference room. Project Justification: Because of HIPPA regulations, increase in senior client load, there is a need for private space when discussing confidential issues with seniors. The director and assistant currently share an office. This makes it difficult if one of them has an appointment and the other is in the office, or is away and comes back. It causes disruption for the senior client being served. Other times, when there is more than one senior or family member involved in a meeting or conference, we have no space for others to sit so we meet in another room if it is not being used with senior activities or other groups. This also creates a problem when we need to have access to a telephone or computer to find information during the meeting. Estimated Project Costs: Construction or purchase cost: Depending upon the size of the offices, conference and storage areas.., minimum of 450 square feet at $250 square foot would be $112,500. Annual maintenance and operation cost Minimal. Other major cost items: Office equipment, shelving, small conference table, chairs, file cabinets, etc. Estimated Effects on Municipal Budget: Minimal increase in utilities. Recommended Funding Sources: Grants 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Surface Drainage Improvements Project Description: This project is to replace infiltration basins with underground storm drains and/or improve the infiltration basins, if possible. The streets that we have had problems with include Lake Street, Windward Drive, Equinox Way, Inlet Woods Drive, Channel Way, Woodside Avenue, Toyon Way, Pine Avenue, and others. Project Justification: The topography of large areas within the City of Kenai is rather flat which has caused many drainage problems. Instead of constructing miles of expensive storm drains and dealing with freezing lines and possible lift station problems, the city built many infiltration basins. The surface water collects at these infiltration basins and dissipates into the ground. Unfortunately, during certain times of the year these infiltration basins will not take all of the water. This happens when the ground is frozen around the basins and we have heavy rains. It also happens when the ground water table is high and therefore cannot except any more water. We then have flooding is the Iow spots near the basins. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other m~jor cost items: $375,00O Reduces existing costs Estimated Effects on Municipal Budget Reduces time and expense on existing budget. Recommended Funding Sources: State Direct Legislative Budget City of Kenai General Fund Budget 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: City Storage Facility Project Description' A combination heated/unheated city storage facility. Each city department would have a heated, secure area for storage, and another outside covered area for storage of vehicles, small equipment, and miscellaneous items. Project Justification: Several city departments are in need of storage. This facility would provide the additional needed storage, especially leading up to our surplus auction. We also have high-value vehicles, small equipment, and miscellaneous supplies that are in the weather year around. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: $300,000 $3,000-$5,000 unknown Estimated Effects on Municipal Budget Minimal yearly utility and maintenance cost increase. Recommended Funding Sources: General Fund. lO/2OO5 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Kenai Outdoor Sports Complex Project Description: Development of approximately 55 acres of raw property for a sports complex to include' four (4) Little/Senior League baseball fields, three (3) Little League softball fields, one (1) storage facility, one (1) concession facility, two (2) restrooms, irrigation wells, play area and campground. Project Justification: To create a sports complex all contained within one area that will attract multiple tournaments, inner-league play, and family gatherings throughout the summer months. Consolidation of sports fields into one area would assist our maintenance efforts as well. Estimated Project Costs: Construction or purchase cost Annual maintenance and operation cost: Other major cost items: 2.0 Million Construction Cost $20,000 $60,000 mower and $10,000 sprinkler equipment Estimated Effects on Municipal Budget: Complex would necessitate hiring additional personnel to handle routine ball field maintenance, turf mowing, and routine park maintenance. Recommended Funding Sources: $500,000 Land & Water Conservation Fund & 1.5 million General Fund, Legislative. 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Senior Center Garage Project Description: Construct a heated garage at the Senior Center to house the Senior Program vehicle fleet. Project Justification: The City currently has five vehicles used in the Senior Program. No indoor, heated space is available to store these vehicles; consequently they are exposed to the weather and risk being vandalized. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost items: $250,000 $3,000 - $5,000 Unknown Estimated Effects on Municipal Budget: Minimal yearly utility and maintenance cost increase. Recommended Funding Sources: General Fund, grants 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Street Paving Projects Project Description: This project is for paving and upgrading many gravel roads Project Justification: About 35 percent of the City of Kenai's 63 miles of roads are not paved or were paved 20 or 30 years ago and are in bad shape. Estimated Project Costs: Construction or purchase cost: $ 8,000,000 Annual maintenance and operation cost: Reduction of present costs. Other major cost items: Estimated Effects on Municipal Budget: Upgrading these streets would reduce the existing maintenance costs. Recommended Funding Sources' City of Kenai State Grant 10/2005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Kenai Recreation Center Exit & Storage Improvement Project Description: This project relocates one exit from the gym area and creates additional storage in the existing exit way. The poorly designed exit will be eliminated. Project Justification: Improved exiting from the gym will increase safety for the occupants. Additional storage will be made available by utilizing the existing exit way. Chronic roof leaks will be stopped by eliminating the poorly designed exit. Estimated Project Costs: Construction or purchase cost: Annual maintenance and operation cost: Other major cost i~ms: $60,000 None Unknown Estimated Effects on Municipal Budget: None since .no additional square footage is proposed. Recommended Funding Sources: General Fund. 1012005 CITY OF KENAI PROJECT NOMINATION WORKSHEET Project Title: Playground Renovation Project Description: Replace play equipment and construct walkway for ADA access to play equipment. Eecommended Playground Renovation Schedule (Prioritized): 2006- Fourth Avenue Park and Softball Greenstrip (addition), 2007 - Old Town Park & Municipal Park (addition), 2008 Beaver Creek Park, 2009 - Municipal Park, 2010 - Softball Green Strip. Park signage included. Project Justification: Play equipment is becoming outdated and should be replaced to better meet the basic safety and ADA requirements of the city park system. Goal should be the creation of safe, interesting, and unique play environments. Estimated Project Costs: Construction or purchase cost: $45,000 ('06), $50,000 ('07), $35,000 ('08), $80,000 ('09), $ 5,000 Annual maintenance and operation cost.'. $1,000 Other major cost items: Estimated Effects on Municipal Budget: Upgrading would provide a savings over the long-term since less money will be spent on retrofitting and repair work. Recommended Funding SOurces: General fund, grants 10/2005 , , , , , o , , , INFORMATION ITEMS KEN~ CITY COUNCIL MEETING NOVEMBER 16, 2005 11/10/05 Purchase Orders Between $2,500 and $15,000 for Council Review. 11/4/05 Loyal Order of Moose Letter related to Fourth of July celebration and use of Green Strip Pavilion. 10/05 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports. 11 / 3 / 05 Public Notice of Kenai Kachemak Pipeline Right-of-Way Lease Amendment Application for the Kasilof Extension, ADL 228162. 11 /05 Soldotna Chamber of Commerce, Chamber Connection. 11/05 Resource Development Council for Alaska, Inc., Resource Review. 11 / 10 / 05 Kenai River Special Management Area Board Meeting Agenda and minutes of 10 / 13 / 05 meeting. 11 / 10 / 05 City of Kenai Bid Information -- 2005. 11/2/05 S. Biggs, KPB Clerk memorandum regarding Borough Capital Projects Priority Book/2006. z 0 0 · I.i.i z 1.1.1 ILl LLI Z w w co -~ -~ -- --~ 0 ~ ~ ~ ~ w ~ w w o_ w 0 ~ 0 0 n,' 0 0 0 ~ n 0 0 0 n a. W CO r~ ILl W I-' rw W CO O (~ W ~ w ~ ~ 0 z -1- z z ~ < o z ~ Iz z = o o o n- ~ -r rw r~ W w I-- _J I-- n,' Z (/> -J Z W 'r ~ ~~, rw' l- W Z '~ ~ W '~ I- ~ ~ ~ z > ~ o ~ 0 ~ 0 ~ z ~ z ~ z W 0 0 W W rw 0 0 'r 0 Loyal Order of Moose Peninsula Family Center #1942 P.O. Box 1902 12516 Spur Hiway Kenai, Alaska 996 t 1-1902 (907) 283-9181 (907) 283-5417 FAX November 4, 2005 Mr. Roy Wells Kenai Chamber of Commerce President Dear Sir: We certainly appreciated your taking the time to the misunderstanding over the Park Stdp Pavilion understanding that the agreement we now have with Club will have the Pavilion until 10am in Lodge 1942 will have it for the remain~ meeting, as long .as the Rotary stuff so that we can organizations. Again solution. We look great All American conceming It is our the Rotary Moose dudng our and removes their solution for both in developing this again next year to have a Sincerely, Peninsula Board of Family Cc: Kenai City Mayor The Honorable Pat Porter Z Municipal Airport FLOAT PLANE BASIN AGTIVITY 2002-2005 OPERATIONS Month APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER 2OO5 2 114 317 327 238 227 100 Closed 2004 0 99 161 428 342 134 40 Closed 2003 0 86 158 259 287 215 63 Closed 2002 o ~4 223 345 233 ~53 37 ~0 ' ~i.,~ii11085~' *not reported FUEL SALES Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER 2005 2004 $1,035 $452 $3,101 $2,209 $3,461 $2,095 $3,365 $2,041 $2,811 $792 $693 $26 2OO$ $835 $1,391 $1,773 $2,513 $2,219 $263 ~-,~,:~,~,~ ,~.~..,..~: .... . ~...~;~_-~,~ .:.~.. 2002 $98 $~ ,986 $2,757 $2,419 $983 $65 ~~so8~ Slips Rented Private Commerical 12 0 Rev 8/2003 STATE PIPELINE COORDINATOR'S OFFICE FRANK H. MURKO I ...~ l '~ 411 West 4th, Anchorage, A PHONE: (907) 257-1300 FAX: (907) 272-0690 ~T Department of Natural Resources Department of Labor ~Departmet~t of Public Safety Fire Marshal's Office ~Department of Environmental Conservation November 3, 2005 Honorable John Williams Mayor City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Letter No.' 05-207-WW Case File Serial No.' ADL 228162 Section/Stipulation: 0.1 File Code: (63a) 0.1.3 (30) 1.3.4 Facility Code: Fl010 DD.: N/A Re: Public Notice of Kenai Kachemak Pipeline Right-of-Way Lease Amendment Application for the Kasilof Extension, ADL 228162 Dear Mayor Williams: The Commissioner, Department of Natural Resources received a request from Kenai Kachemak Pipeline, LLC on September 26, 2005 to amend the fight-of-way lease for the Kenai Kachemak Pipeline to add lands. Copies of the Public Notice and Vicinity Maps are enclosed. furnished at cost upon request. Copies of the application will be Questions, comments and informational requests concerning this application should be directed to the State Pipeline Coordinator's Office, 411 West 4th Avenue, Suite 2C, Anchorage, Alaska 995011. Sincerely, Frederick M. Thompson Acting State Pipeline Coordinator Enclosures: 1) Public Notice (2 Pages) 2) Vicinity Maps (2 Pages) "Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans." STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES STATE PIPELINE COORDINATOR'S OFFICE 411 WEST 4TM AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501 (907) 257-1300 NOTICE OF APPLICATION UNDER AS 38.35.070 KENAt KACHEMAK PIPELINE, LLC AMENDMENT TO RIGHT-OF-WAY LEASE (ADL 228162) The Commissioner of the Department of Natural Resources, pursuant to Alaska Statute (AS) 38.35.070, hereby gives notice that the State Pipeline Coordinator's Office received an application on September 26, 2005, from Kenai Kachemak Pipeline, LLC (KKPL LLC) proposing to amend the Right-of-Way Lease for the Kenai Kachemak Pipeline, ADL 228162, to add State Lands. KKPL LLC is a limited liability company formed by Marathon Oil Company and GUT, LLC, a wholly owned subsidiary of Union Oil Company of California. KKPL LLC proposes to construct and connect to the existing pipeline, an approximately 6-inch diameter common carder pipeline to transport natural gas. The proposed pipeline will have a maximum allowable operating pressure of 1480 psig. The total length of the proposed pipeline is approximately 4.2 miles and located on state lands that are subject to the AS 38.35 Pipeline Right-of-Way Leasing Act, hereafter referred as "State Lands". The State Lands requested are within the Cohoe Loop Road and Sterling Highway Rights-of-Way. The Kasilof Extension to the Kenai Kachemak Pipeline (KKPL) is proposed to begin at approximately Mile Post (MP) 18.125 of the current KKPL, at the southern intersection of Cohoe Loop Road and approximately MP 114 of the Sterling Highway. The termination point of the Kasilof Extension is at a point near the Kasilof prospect within the SE ¼ of the SW ¼ of Section 28, Township 3 North, Range 12 West, Seward Meridian. Proposed construction is planned to begin in May 2006 with proposed project completion in October 2006. KKPL LLC requests an approximately 60-foot wide fight of way for construction of the extension. KKPL LLC proposes to cross one unnamed creek and Bottleneck Lake within the Cohoe Loop Road Right-of-Way. KKPL LLC requests a 20- foot wide permanent operating fight-of-way. During construction, the applicant requests approximately 30.90 acres of State Lands which will be reduced to approximately 10.30 acres for the permanent fight-of-way. The following is a general description of the State Lands that are requested to amend the Right-of-Way Lease for the Kenai Kachemak Pipeline, ADL 228162. All land is located within the Seward Meridian, Third Judicial District, State of Alaska. Sterline HiRhwa.v The proposed State Lands are within the Sterling Highway Right-of-Way at approximately Milepost 114.3. From its connection point to the existing KKPL, the proposed Kasilof Extension crosses approximately 0.05 miles of the Sterling Highway Right-of-Way in a northerly direction onto the Cohoe Loop Road Right-of-Way. This portion of the affected Sterling Highway Right-of-Way is located within Section 14, Township 2 North, Range 12 West, Seward Meridian. Cohoe Loop Road The proposed State Lands are within the Cohoe Loop Road Right-of-Way located within SeCtions 28 and 33, Township 3 North, Range 12 West and Sections 4, 9, 10, 14 and 15, Township 2 North, Range 12 West, Seward Meridian. The proposed pipeline distance located within the Cohoe Loop Road Right-of-Way would be approximately 4.20 miles. In accordance with AS 38.35.200(a), a person will have standing to seek judicial review of a decision of the Commissioner of the Department of Natural Resources on this application only if: (1) the person is an applicant, competing applicant, or a person who has a direct financial interest affected by the lease that is the subject of this notice of application; and (2) the person delivers a written objection to the application to the State Pipeline Coordinator's Office not later than 60 days from the date of initial publication of this notice, which is 5:00 PM, January 10, 2006. Pursuant to AS 38.35.070(3), the public may obtain copies of the application at cost from the following location: State Pipeline Coordinator's Office 411 West 4th Avenue, Suite 2C Anchorage, AK 99501-2343 Open Monday through Friday, Hours: 8'00 AM to 5:00 PM Phone: (907) 257-1300 Any comment, objection, or expression of interest pertaining to the proposed action must be submitted in writing to the State Pipeline Coordinator's Office at the above address. The State of Alaska, Department of Natural Resources, State Pipeline Coordinator's Office, complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, or special modifications to participate in this review may call (907) 257-1300 or 269-8411 TTY/TDD. Please provide sufficient notice in order for the Department to accommodate your needs. The State Pipeline Coordinator's Office reserves the fight to waive technical defects in this publication. /s/ re crick M. Thompson Publish November 8, 2005 Acting State Pipeline Coordinator Legend Wei( Pads Proposed Kasilo! Extension Existing KKPL/HVE State Roads Dionne Paxton Lateral Kenai Kachemak Pipeline, ADL 228162 Vicinity Map for Kasilof Extension Page I of 2 Kasiiof South Creek G. Oskolkoff Tustumena KKPL Kasilof Extension - Figure 1 m5/2oo5 hat's Happenmo eadl nes Alasl~'s ~ Pdv. 2006 RECREATION GUIDE RESERVE YOUR SPACE NOW! · Same Great Low Rates · Increased Distribution · NEW Additional Editorial · Member Exclusive Publication 262-9814 DEADLINE FOR AD PLACEMENT: NOVEMBER 15, 2006 DOTN · Quality Production · Useful Information · Targeted Visitors · Directory leads interest to your ad 2006 SOLDOTNA VISITORS GUIDE: WORKS TO GET YOU FUTURE CUSTOMERS! · he $ei~et~a Chaa~er Ee:reatie~ 6aide i~ the "O~L~ LOCAL 6~I9E" aaile~ ~i~e:tly te vi~iter~ that :all, eaaii, fax er ~i~. a~ en ear we~ ~ite. -:3oal-d o i-' DI~'ecto~-,~ - ., Sammie Cole-Pre,:' ~ent : ~'~znze"'Tral TJtie 2~';-..;494 Tim Po=e-Fast Pres :ent ',3:rsr', Air 262-$,:-:0 Evy Gebharctt-Presiaen? Elect :enins',;.a Clarion 283-7551 Tracy Prior-'v'ice Presiaen~' z~;asKa Premier Reailv 252-1665 Lisa Roberts-Sec.,; Tres. (ev Bank 714-4284 Norm Blakeley .~asKa Tr~ing & Loan 262-6100 Bill Gifford '-' 3mmoaore s Guide Serv. 2~3-7551 Paul Gray zx~loring A:asKa Show 262-9008 Becky Hutchinson .Alaska USA FCU 714-4326 Ken Lancaster L~ncas,'er Enteronses 260-6727 Dan Mortenson 4-D Ca.et One 262-9181 Marnie Nelson Alaska Legenas Aaventure Resort 260-9328 Jim Stogs~lilI-City Council Seat 262-5622 CHAMBER& VISITOR CENTER STAFF Executive Director ' '~" - M~ct~ .... Gloves ciirector'~ soldotnachamOer.com Member Services- Erica Wii!iamson erJcaiso:dotnacham~,er.com Project Coordinator- Rc=','n Sullens robynisoidotnachamber.com Visitor Center Coordinator- Syivia Reid info~;soldotnachamber, com Bookkeeper- Carla Pollard carlai'soldotnachamber.com RIVER CITY PULLTAB STORE Store Manager- Rebecca Hanson Phone 907460-6100 44790S~ingHwySoldoma. Aiaska99669 Phone907-262-9814 Fax 907-262-3566 2.) Dewatered the cofferdam. ~ ~--~-?~~ ..... j:?. 3.) Began the demolition of the center pier of the existing bridge. 4.) Paved the first Iii of asphalt on the Sterling Highway, K-Beach Road. and Funny River Road. 5.) Paved the final lift of asphalt on Riverside Drive. 6.) Paved driveway approaches on Riverside Drive. 7.) Began the installation of the pumps for the sto~ drain li~ stations. 8.) Completed pile driving at the new south abutment. 9.) Installed the pe~anent signal equipment for the K-Beach intersection. 10.) Painted the temporaD' stripes for the winter. Homer Electric Association is providing the fol- lowing prizes tbr each winner: 1 st place com- mercial. $100 ener~ credit; 2nd 8,: 3rd place commercial. S50 ener~ credit. 1 st place resi- dential, $50 ener~ credit; 2nd & 3rd place resi- dential, $25 energy, credit. Deadline for nomi- nations is December 9, 2005 by 5 pm. Winne' ' will be announced Mid-December. For m, -information call Robyn at the chamber office at 262-9814. It's time tbr the Soldotna Chamber's An- nual Christmas lights competition! Christmas lights are a great way to promote community spirit through the long dark winter months. If you or someone you k. now has a wonderful light display and would like to be considered for an award, call or fax in a nomination to the chamber office. Nominations should include a name and address. First through third place prizes will be given in commercial and residential categories. e~e SEPTEMBER STUDENTS OF THE MONTH: · Emily Smola, an eighth grader- Soldotna Middle School · Rachel Osterman, a Senior at Skyview High School · Trevor Kauffman, a Sen/or at Soldotna High School OCTOBER STUDENTS OF THE MONTH: · Jessica Duke, an seventh grader at Soldotna Middle School · Devin Hendrickson, a Senior at Skyview High School · Colten Jensen, a Sen/or at Soldotna High School co rn OPEN 7 DAYS A WEEK · MINI STORAGE ' PACKAGING STORE ° 14 FT. MOVING VAN · Manager & Office On Site · Well Lighted Units · ?r~ ~qft. Container Sales iier Fence & Electronic Gate With J Coded Access · Vide) Surveillance · Senior Discounts · File Storage Cabinets · 20 & 40 ft. Connex Containers on & Off Site · Open Storage for RV's Boats, Motor Homes 907 262-4771 Mile 19.5 K-Beach Rd. · Soldotna · www.jbstomlokinc.com. Email: jbstomlok~acsalaska.net It' ¢t 3az ar ¢a on! The holiday season is fast approaching, and the perfect place to get in the spirit is at a Bazaar! During the month of November a local bazaar is scheduled every weekend. The following is a list of dates and times you won't want to miss: eSoldotna eScnior C'¢ntcr flnnual ~'all Soldotna Senior Center November 4-5, 10am-4pm Buy the finest in crafts on the Peninsula for those special people or for your own home. Enjoy the 9th Annual Art'show, and all the goodies from a homemade bake sale with something to tempt everyone's taste. The kitchen will also be open serving up refreshments. For more information call 262-2322. ~Stcrling Chri,tma, gazaar Sterling Senior Center November 11-12, 10am- 5pm The Sterling Seniors and local community members have been busy getting ready for their Annual Christmas Bazaar, featur- ing wood carvers, jams jellies, and a wealth of other hand- made items. The Elderberry Cafe will be open to tempt your taste buds, along with a fabulous bake sale with something for everyone. Don't miss it! For more information call 262- 6808. eSoldotna eSport~ Center flnnaal flolidag ~azaar. Soldotna Sports Center November 19, Noon- 8pm; November 20, 10:00am-8pm This annual bazaar is located in the Soldotna Sports Center Conference area. You will find a huge assortment of fun good- ies here. For more information call 262-3151. l~znai flrt~ (Suild Craft ?'air Kenai Central High School November 25,10am-6pm; November 26, 10am-4pm HUGE... The only word to describe this bazaar. The Kenai Arts Guild Craft Fair is the biggest on the Peninsula. Proceeds go to scholarships in the Kenai Peninsula area. Over 140 booths with HAND MADE, HAND CRAFTED ONLY products ranging from pottery, quilts, stained glass, toll painting and much more. Booth space is sold out! For more information, call Lauren at 776-8408. [inldotna Chamber of Ct~mmerce 44790 iiterling · qoldotna, ~ 99569 PRSRT STD U.S. POSTAGE PAID SOLDOTNA, AK PERMIT NO. 5 City of Kenai Mayor Pat Porter 210 Fidalgo Ave. Kenai, AK 99611 r-I =1 1 r'""~slruction wqrk is '~ast Alasl~a 200 ? ., is an expansion year for mining in Alaska. Exploration has re- covered from previous lows to reach a 20-year high. Operating mines are doing well with good production, environmental stewardship and employment. Two new mines are under construction and four more are collecting data to begin permitting Usibelli Coal Mine has made its fourth ship- ment to Chile. Communities near large mines are host to high-paying jobs and important property tax revenue, and mining's tis- e-' ~eturn to the state is up as The price of gold is hov- , .... g above $450/oz. after a decade of low prices, and zinc and other metal prices are up. Mine. Once in full production, the mine will net Juneau and in annual payroll and benefits. 'lace To Start: .oration exploration is what the industry lives on tomor- row. Not surprisingly, it turns out that more exploration cor- relates with more discoveries. While very few exploratory drill holes result in significant discoveries, the more holes drilled, the more ore found. A few years ago, the prob- lem was gold prices. Gold was worth somewhat over $400/oz. in 1995 when the price began dropping, bot- toming out in 1999 at roughly $250/oz. before starting to re- bound. Junior mining compa- nies, which conduct most of the grassroots exploration for the mining industry, were hit especially hard. With low prices s..everely limiting the amount of financing available, companies had to cut way back on exploration. As late as 2003 the industry spent just $28 million on exploration in Alaska. Last year, it spent three times that much, $70.6 million, and I expect the 2005 total to be even higher. With luck (and good geologists), spending today will result in mines tomorrow, though that tomorrow can often be more than a decade away. Alaska's Large Mines: A Recent And Growing Industry While mining issues make headlines, it is hard to re- member that mining is actually a small indus- try. Although placer mines are important to Alaska's. history and still provide jobs that support families in some communities, most of today's production and employment comes from the state's large mines. Alaska has only four such mines. · Alaska's oldest large mine, the Usibelli Coal Mine in Healy, has been supplying Alaska with coal since 1943. But the three hard rock mines are all recent additions to Alaska. In fact, the state had no hard rock mines from the closure of Juneau's A.J. Gold Mine in 1944 until 1989. That year the Greens Creek Silver Mine near Juneau and the Red Dog Lead-Zinc Mine north of Kotzebue began production. The Fort Knox Gold Mine in Fairbanks began eight years later in 1997. These last 15 years have seen a new industry grow in Alaska- the hard- rock mining industry. While it is a small industry- these three mines employ only 1,132 people- it is important to nearby communities and the state. (Continued to Pa~e ~t) Minin; Resur;ence 1, Canada's Impact on AK 3 Kensin;ton Update 7 New Pebble Discovery 7 Pebble Commentary 8,9 RDC News Di;est 9,11 (;irdwood Board Trip 10 Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 Phone: (907} 2?6-0700 Fax: (907) 276-3887 E-mail: resources@akrd¢.or~ Website: www. akrd¢.or~ Material in this publication may be reprinted without permission provided appropriate credit is ~iven. Writer & Editor Carl Portman Executive Committee Officers President John Shively Sr. ViCe President Rick Ro~ers Vice President Wendy Lindskoo~ Secretary Tom Maloney Treasurer Stephanie Madsen Past President Chuck Johnson Staff Executive Director Tadd Owens Deputy Director Carl Portman Projects Coordinator/AMEREF E.D. Jason Brune Finance/Membership Deantha Crockett Resource Review is the official periodic publication of the Resource Development Council (RDC), Alaska's largest privately funded nonprofit economic development organization workin~ to develop Alaska's natural resources in a responsible manner and to create a broad-based, diversified economy while protectin~ and enhancing' the environment. Pa~'e 2 November 2005 Resource Review www.akrdc.or~ Alaska and its closest neighbor, Canada, share a 1,500-mile international border and a strong, historic relationship forged by the Klondike Gold Rush and the building of the crucial Alcan Highway during World War II. Today, ties have never been stronger, thanks to the vibrant cross-border trade taking place daily, from Kaktovik to Ketchikan. In 2004, more than three-quarters of Alaska's exports to Canada were mineral and fish products. The resource-based industries driving this trade also are providing good jobs for Alaskans, particularly in rural areas, while at the same time promoting the responsible development of Alaska's resources. Thanks to free trade, Canada ranks as Alaska's third-largest international trading partner- a position it has held since 1990. In 2004, total two-way trade was valued at $531 million, jumping a healthy 7 percent over 2003. These numbers bode well for Alaska and Canada. As fellow northerners, we share common economic and environmental C~allenges, Native links spanning cen- > ........ '~ries and countless personal ties. We b also partners in North America's ~:~ ...... ,:'~.defense. Thirty-two Canadian mili- '?'~ tary personnel who call the Anchorage area home are stationed at Elmendorf Air Force Base, where they serve side by side with their U.S. counterparts. In fact, Alaska and Canada's rela- tions are so close, at so many levels, that Canada's importance to Alaska's economy may be overlooked. But a new economic impact study commis- sioned by the Consulate of Canada found some impressive figures that de- serve more attention: · In 2004, Canadian companies in Alaska annually em- ployed some 2,600 Alaskans. · The direct and indirect total impact tied to Canadian eco- nomic activity in this state amounted to $330 million last year. · Annually, about 100,000 Canadians visit Alaska, spending $81 million in the state. · Between 1981 and 2004, Canadian companies invested $2.3 billion in mining and exploration in Alaska. Canadian mining firms, in particular, have played a key role boosting a vibrant sector of the state's resource-development economy. -~he $2.3 billion that Canadian mining companies spent in ~]loration and development amounts to three-quarters of all mining expenditures in Alaska between 1981 and 2004. This has provided hundreds of well-paying, year-round local jobs for Alaskans. According to the Department of Labor and WHY CANADA MATTERS TO ALASKA Workforce Development, the average mining job in Alaska earned approximately $5,800 per month in 2004 (or $70,000 per year). Last year, Canadian mining companies employed approximately 900 Alaskans. These companies are committed to environmentally-responsible development whether they are working in Canada, Alaska or other locations around the world. Canadian businesses also are active in other kev sectors of Alaska's economy. NANAColt Engineering, No~dic-Calista Services #1 and Acuren provide oil field services. Petro- Canada and Fortuna Ene'rgy have both invested millions of exploration dollars in the National Petroleum Reserve Alaska. Canadian transportation companies help keep Alaska's commerce humming. The Northern Consul Karen Matlhias delivers a briefin~ to the RDC Board on the economic impact of Canada on Alaska at a linked to Canada, via cruise ship traf- recent meelin~ in Girdwood. tic, the Alcan Highway and the Alaska Marine Highway System. All cruise ships, and their nearly 900,000 passengers, pass through Canada at some point on their scenic journeys. More than 400,000 cruise ship passen- gers take day trips from Skagway on the White Pass & Yukon Route railway ~ yet another Canadian-owned company con- tributing to Alaska's economy. Finally, Canada remains a player in Alaska's seafood indus- try, buying $83.5 million of Alaska's seafood exports in 2004. As we look ahead, possibly to a gas pipeline connecting the North Slope with North America's energy market, Alaskans and Canadians can both expect to benefit from mutually ben- eficial free trade and continued cooperation that has been the hallmark of this unparalleled relationship in North America.' I*I (907) 276-0700 November 2005 Resource Review Transportation Co. Ltd., provides shipping from the Mackenzie River to Kaktovik and the North Slope oil- fields. Farther south, CN AquaTrain moves materials critical to Alaska's mining and oil and gas industries, as well as equipment, chemicals and vehi' cles on a marine-rail link from Prince Rupert, B.C. to Whittier via an ocean tug. In rural areas, the Alaska Commercial Co.'s 27 outlets and 750 employees bring merchandise and gro- ceries to smaller communities. In Anchorage, Capitol Glass/Northerm Windows employs 45 people, manu- facturing window products. And the fertilizer giant Agrium provides jobs on the Kenai. Alaska's tourism industry is vitally Page 3 Consul Karen Malthias, Canadian Consulate, is based in Anchorage. Scenes From Coming Attractions' Pogo & Kensington Alaska's three hard-rock mines will soon be joined by two more. The Pogo and the Kensington gold mines are under construction. The Pogo Gold Mine, 48 miles northeast of Delta Junction, will be the first large mine on state land in Alaska. The op- erator, TeckPogo, expects to pour gold in January 2006. Kensington, north of Juneau, began construction this last July, and the opera- tor, Coeur Alaska, Inc., ex- pects to pour gold in 2007. Kensington must overcome litigation filed against its fed- eral permits last June by the Southeast Alaska Conserva- tion Council. The State of Alaska recently intervened in the lawsuit on the side of the company. No trial has been scheduled, and a court deci- sion is unlikely to occur until after the mine is mostly con- structed. Coming Soon To Permitting: Rock Creek, Donlin Creek, Chuitna & Pebble The Rock Creek Gold Mine consists of two small prospects, Rock Creek and Big Hurrah, near the heart of Alaska's gold country: Nome. It is a "small" large The Usibelli Coal Mine operales on slale leases near Healy. The mine has been in production since 29~t$. Mosl of Usibelli's coal is used by local ulililies in the Inlerior. However, some is also exporled overseas 1o Soulh Korea. The Greens Creek Mine near Juneau is an under, round operation exlraclin~ l marily silver, zinc. ~old and lead. The mine is operated by lhe Kennecoll Greeo. Creek Minin~ Company. mine, projected to produce 100,000 oz/year over an ex- pected five-year mine life. Rock Creek is on state land just north of Nome, and Big Hurrah is located on private lands 50 miles to the east. Permitting discussions with state agencies have just begun. If the company, Alaska Gold, successfully works through permitting is- sues, its draft permits and op- erating plan will be open for public comment this winter. Donlin Creek, on Calista and TKC Corporation lands in the Kuskokwim Region, is a much larger mine prospect. While exploration has al- ready brought much-needed employment to the job-poor region, actual mine operation could create a projected 400- 500 jobs. But a bigger mine means a longer permit process, including a multi- year federal environmental · ~mpact statement. Placer Dome U.S. and NovaGold Resources, Inc., expect to begin three years of permit- ting for Donlin Creek within a few months. The Chuitna Coal project is the third large mine almost ready for permitting evalua- tion. It is located near Tyonek across Cook Inlet from Anchorage, in the Kenai Peninsula Borough. Though mostly permitted in 1990, it is returning with an updated mine plan anticipating the ex- port of more than 3 million tons of coal each year. Agencies are starting to con- sider the revised propos~ and the federal EIS process ~ expected to begin in the com- ing months. The Pebble Mine, a pro- Pa~e ~[ November 2005 Resource Review www. akrdc.or~ Rock Creek Gold Primary Mineral: Gold Operator: Alaska Gold Land Owner: Alaska Gold Co. & Bering Straits Native Corp. Start Date: 2006 Est. Annual Production: 100,000 oz. Au Est. Employment: 130 Donlin Creek Gold Primary Mineral: Gold Operator: Placer Dome U.S. (JV with NovaGold) Land Owner: Calista & TKC Corp. Start Date: Projected 2011 Est. Annual Production: 600,000 oz. Au Est. Employment: 400-500 Producing Mines, Developing Mines, and Advanced Projects Chuitna Coal Primary Mineral: Coal Operator: Pacific Rim Coal, LLC Land Owner: State Start Date: Projected 2009 Est. Annual Production: >3 million tons Est. Employment: unknown ,,, Pebble Copper Primary Minerals: Copper, Gold Operator: Northern Dynasty Minerals. Inc. Land Owner: State Start Date: Projected 2011 Est. Annual Production: unknown Est. Employment: +/- 1,000 0 100 200 400 Miles I ~ ~ ! ~ ~ I ] Red Dog Mine iPrimary Minerals: Zinc. Lead · Operator: TeckCominco jLand Owner: NANA Corporation Start Date: 1989 2004 Production: 611K tons Zn: 129K tons Pb Employment: 442 Kensington Gold Mine Pdmary Mineral: Gold Operator. Coeur Alaska, Inc. Land Owner. U.S. Forest Service Start Date: 2007 Est. Annual Production: 100.000 oz. Au Est. Employment: 225 Legend Alaska Project Locations Operating Mine Developing Mine Advanced Project Fort Knox Gold Mine Primary Mineral: Gold Operator: Fairbanks Gold Mining, Inc. (Kinross) Land Owner: Mental Health Trust Start Date: 1997 2004 Production: 340,000 oz. Au Employment: 425 Pogo Gold Mine Primary Mineral: Gold Operator: TeckPogo (TeckCominco - Sumitomo JV) Land Owner. State Start Date: 2006 Est. Annual Production: 400,000 oz. Au Est. Employment: 288 Usibelli Coal Mine Primary Mineral: Coal Operator. Usibelli Coal Mine, Inc. Land Owner: State Start Date: 1943 2004 Production: 1.45 million tons Employment: 90 Greens Creek Mine Primary Minerals: Silver, Zinc, Gold, Lead Operator. Greens Creek Mining Co. (Kennecott- Hecia JV) Land Owner: Private, U.S. Forest Service Start Date: 1989 2004 Production: 9.7M oz. Ag; 69K tons Zn; 86K oz. Au; 22K tons Pb Employment: 265 posed copper-gold develop- ment 20 miles northwest of Iliamna Lake, generates the lion's share of questions, ru- mors, newspaper ink, and controversy about mining. Pebble's development com- pany, Northern Dynasty Minerals, Inc., has published a reserve estimate of almost 18.8 billion pounds of copper (including measured and in- dicated reserves), and esti- mates the operation could employ up to 1,000 people. But the site also brings sig- nificant environmental chal- lenges, most related to its location in the upper water- ).ed of the Koktuli River, .ear Upper Talarik Creek. These streams produce fish that are some of the most sought-after in Alaska for subsistence, sport, and com- mercial use. While Northern Dynasty is working hard, it has not yet generated all the data govern- ment agencies need to evalu- ate whether the company can adequately meet the site's environmental challenges. Northern Dynasty does not expect to enter detailed per- mitting discussions with the agencies until at least next summer. Taken together, these mines represent a tremendous in- crease for the mining indus- try and for Alaska's communities' four operating mines today, two under con- struction, and four more ready to begin permitting. Within the decade, Alaska could go from four to 10 op- erating large mines. This is a big change from early 1989, when Usibelli Coal repre- sented Alaska's entire large- mine industry. What's In It For Alaska? A Local & State Financial Perspective Mining is a small industry today, and will remain small in terms of statewide em- ployment even if it expands to 10 large mines. It will never replace oil as Alaska's financial engine. But as Red Dog demonstrates, mining can make huge contributions to local and regional economies. It is important, though, for mining to pay its own way at both the local and state levels. Given Alaska's fiscal struc- ture, in which local govern- ments depend on property taxes for revenue, high-wage, capital intensive industries are the best source of local government revenues. Mining is one of the few in- dustries, other than oil that fits this profile. The mining industry paid $11 million to local govern- ments in 2004. While per- haps not significant statewide, this amount repre- sents essential and welcome revenue for affected commu- nities. The table on page six shows property tax (or pay- ment in lieu of taxes) for Alaska's three large hard- rock mines. In each case, the mine is the largest taxpayer in (Continued to Pa~e 6) (907) 276-0700 November 2005 Resource Review Pa~e5 M EFITS ALASKA, !, DUSTRY HAS RESPONSIBLE ENVIRONMENTAL RECORD (Continued from paje 5) the borough, paying an aver- age of almost $9,200 in prop- erty taxes per employee. (The totals do not include taxes paid by employees on their housing, nor taxes paid by suppliers). The mining industry also pays rents, royalties, mining license taxes, corporate in- come taxes and various other smaller fees to the State of Alaska. Lease and claim rentals are paid to the state independent of mineral prices. Operators pay royal- ties, mining license taxes, and corporate income taxes on their net profits, with certain significant deductions: · Royalty: 3% of net prof- its (due for mines on state land only) · Mining License Tax:_<7% of net profits, due for mines on any land ownership · Corporate Income Tax: s9.4% of net profits due for mines on any land ownership · Total Net Profits' Up to 19.4% As these are taxes on net profits, payments vary with metals prices and expenses. When gold prices fell to $250/oz in 1999, Alaska's mines did not make large profits and owed little in the way of royalties or state taxes. Total contribution to the state during those years averaged between $5 million and $6 million. In 2004, when gold prices climbed back above $400/oz, profits increased and so did the con- tribution to the state, with state payments totaling $15.8 million in 2004. A portion of this, approximately $1 mil- lion in 2004, went to the Alaska Permanent Fund. In summary, 2005 has been an expansion year for the mining industry. Prices are high. Alaska's mines have a record of environmental re- sponsibility. Our four oper- ating large mines will soon be joined by two more, with permitting evaluations ready to start for another four. With exploration levels as high as they are, we should see even more discoveries in the years to come. With any luck, this expansion year will become an expansion decade for Alaska's mining industry, communities, and workers. Bob Loeffler is the Director of the Alaska Division of Mining Land and Water. Pa~'e 6 November 2005 Resource Review www. akrdc.or~' PROGRESS AT KENSiNGTON GOLD MINE With construclion well underway, produclion at lhe Kensington Gold Mine near Juneau could be~in by £OOZ Coeur Alaska said lhe mine will produce approximately £,000 tons of ore per day. Construction at the Kensington Gold Mine is well underway, just months after the project received all state and federal permits. Nearly 200 people are now Army Corps of Engineers over a permit that allows tailings placement in Lower Slate Lake, despite the fact that the per- working at the site. Kensington will em- ploy an estimated 300 to 400 people dur- ing the 22-month construction phase. Production is anticipated to begin in 2007. Coeur Alaska, which operates the Kensington project, said the' mine will produce approximately 2,000 tons of ore i.~pcr da~ It will produce another 400 tons ' o;'4evelopment rock per day, over an es- ):d 10-year life period. '., .~e Kensington Gold Mine is located -~:about 45 miles north'of Juneau, on fed- eral land overseen by the U.S. Forest Service (USFS). Operations are also on State of Alaska tidelands, and on private patented property. The project plan calls for .underground mining, offsite pro- cessmg of floatation concentrates, and placement of tailings into Lower Slate Lake. The Southeast Alaska Conservation Council, Lynn Canal Conservation and the Sierra Club are now suing the U.S. SIGNIFICANT NEW MINERALIZATION DISCOVERED AT PEBBLE 3rt mitting process clearly allows such dis- posal, and Coeur Alaska has a long-term reclamation plan that will restore and enhance the lake's habitat. The Murkowski administration, the Southeast Conference, and Goldbelt Incorporated are among the groups who stand behind Kensington and its efforts to operate an environmentally-sound mine. The project also enjoy~ wide- spread community support in Juneau and Southeast Alaska. Coeur Alaska spent $25 million on 900 environmental studies to ensure the mine is clean, safe and in compliance with all state and federal laws. Kensington said it will not discharge any untreated water and has more than $7 million set aside for reclamation of land to restore Lower Slate Lake and the sur- rounding area. Southeast Alaska stands to gain much from the mine, which will provide more than 200 family-supporting jobs when eralization there. {ully operational. Kensington estimates it will have an annuallv payroll and ben- efits of more than $1~ million, and in- duce another 500 jobs in Southeast Alaska. The Murkowski administration said Kensington will generate over $5 million in taxes for the state. To date, Kensington already has is- sued contracts worth over $42 ~illion - with 85 percent of those going to Alaskan vendors. It currently has an 80 percent Alaskan hire rate- and a 24 per- cent Native Alaskan hire rate. The Kensington Gold Mine has been more than 17 years in development and Coeur Alaska has worked cooperatively with local fishing and tourism groups, as well as environmental groups, in an at- tempt to allay any concerns about devel- opment. Coeur Alaska has worked to maintain a dialogue with the commu- nity, providing regular updates and in- formation to the community. Coeur Alaska is part of C~eur d'Alene mines, which is based in Coeur d'Alene Idaho. company's timeline for permit applica- The company said that its drilling program "continues to substantiate that Northern Dynasty Minerals has an- ido ea~oa[e results for two addi- .. r s on the eastern edge of the rebble deposit that reinforce the re- cent discovery of significant new min- (907) ,?.76-0700 a major new porphyry mineralized sys- tem, which appears to have excellent copper, gold and molybdenum grades, has been discovered." This mineralized system, according to the company, ex- tends much deeper than the depths that have been drilled to the west. Additional extensive drilling will be required to fully delineate the discovery and Northern Dynasty is now assessing the potential effect it may have on the November 2005 Resource Review tions. This year the Pebble project is the focus of a comprehensive $35 million program consisting of drilling, engi- neering, environmental and socio- economic studies designed to complete a feasibility study in December and pre- pare environmental permit applications for submission during 2006 for a major copper, gold and molybdenum mining operation. The deposit is located about 230 miles southwest of Anchorage in the Iliamna region. Pag'e 7 0 EAR Ly When I first went to the Red Dog area in 1982, the land was still in its original state and it was hard to imagine the changes that lay ahead. We waded across a small stream, waters that ran high in acid leached naturally from the rocks. Stains of red a. _d or~,nge gave evidence of the valuable zinc and other met- ls in the area. The prospect lay on land owned by NANA Regional Corporation. NANA had made a difficult development deci- sion. The company was keenly aware of the social and envi- ronmental risks that accompanied a large open pit mine; but they were also aware Northwest Alaska had few viable eco- nomic opportunities. Dialog was held and an early survey revealed the majority of NANA shareholders rejected mining, fearing its conse- quences. But after the specific facts and potential of Red Dog were evaluated, shareholders accepted the concept and when t ae elders approved the mine, NANA proceeded to find a mining company to undertake the development. Never in Red Dog's history has it achieved 100 percent sup- port from its constituency. Any major rural project will face detractors. The tangible economic benefits will be debated against the more intangible social and environmental risks. Compounding the difficulty is that Alaskan rural projects face national scrutiny, both from conscientious groups and those who raise money from Alaskan environmental causes. Today, Red Dog is by far Northwest Alaska's largest private employer, with about 230 NANA shareholders working in a total work force approaching 450. All this employment and mine-related support services would disappear without the mine. What would Northwest Alaska be today without the ~.u§e contribution from Red Dog? The large majority of peo- ple who live there believe the mine has been an asset. A similar story may be playing out in Bristol Bay, where Northern Dynasty has defined Pebble Copper, a copper/gold/molybdenum deposit of extraordinary size. This 2rospect is different from Red Dog in a number of ways. Pebble lies on State not Native land, so there is no single local e,:.ttity to help guide the decision and development process. Also, the Bristol Bay region has an existing private economy generated by commercial and sports fishing, both closely re- la~ed to the area's abundant salmon. Compared to Northwest Alaska, Bristol Bay has more communities and more non- Native residents, two existing boroughs and many non- resident users. All of this means more stakeholders and "points of view" than existed in the Red Dog debate. No~:thern "-~ynasty was established specifically to explore and if feasible, prepare Pebble Copper for development. To date they have made a substantial financial commitment, spending approximately $70 million dollars to evaluate the property. This includes $2.5 million just this year for local services and employment. They should be credited with a constructive effort to hire locally, this year employing 21 peo- ple each from Iliamna and Newhalen alone.. They have also aggressively supported regional and local events, youth pro- grams, donated helicopters in response to emergencies, and supported the Bristol Bay Native Corporation's shareholder scholarship program. They understand the need to spread economic benefits around, using various local lodges and bed and breakfasts, and are working with a number of Bristol Bay community businesses. Like the fishing business, mining will never be able to meet all the area's needs or expectations, but to date Northern Dynasty has shown it is aware of the im- portance of their project to the region. The potential large size of the deposit, sometimes cited as r risk, is more likely a benefit, because any entity or consortiun capable of developing it will also have high global standards and the capacity to deal with the unexpected. The reality today is no company capable of spending more than a billion dollars to develop this mine can afford any major environ- mental incident, so they will doggedly protect the area from adverse impacts. The mine is also large enough to benefit the State far beyond the Bristol Bay region. Northern Dynasty acknowledges it is an explorer but not a base metal mine operator. It is holding discussions with the world's largest copper companies to find a development part- ner. It expects one will become involved if the geology and metal markets render Pebble Copper's feasibility study favor- able, a critical financial milestone to be completed one way or the other this winter. History has shown there will be strong opposition to Pebble regardless of its merits. One group has already organ- ized, primarily representing sports lodges and guides in the Bristol Bay region. This group points to the checkered his- to~ of mining, citing examples of problems that go back more than a century. But would the hunting and fishing business in Bristol Bay be accepted today if it had to be judged by its own past? Segments of this business generated trespass conflicts with traditional land users, killed the biggest rainbow trout for photographs, and paid little heed to their social or economic role in the communities. Today, quality sport operators ir rural areas have learned how to do it better, and the same is true in the mining industry. In this debate, people should be skeptical of those on either side that spread fear or unrealistic (Continued to Pa~e 9) Pa~e 8 November 2005 Resource Review www. akrdc.or~ R DC SUPPORTS OPENING SOUTH N PR-A Given the outstanding track record of the oil and mining industries in the arctic and sub-arctic, as well as the techno- logical advances of the past decade, RDC urged the Bureau of Land Management to open South NPR-A to mineral entry, as well as oil, gas, industrial mineral and coal leasing. In planning for the future, RDC said it is imperative BLM devise adequate and reasonable mitigation measures to pro- tect important surface values, as much of South NPR-A is important to local residents for subsistence and recreational needs. RDC said the southern portion of NPR-A should be managed with a multiple use philosophy, allowing for the co- existence of development, recreation and subsistence uses. NPR-A was designated by Congress for future energy pro- duction. The northern foothills of the Brooks Range have sig- nificant potential for base metals discoveries similar to the rich zinc and lead ores found at the Red Dog Mine. The re- gion may also hold some of the most significant coal deposits anywhere in the world and commercial quantities of natural gaS° To read RDC's Action Alert on this issue, visit the RDC website at www. akrdc.org. ~RDC WEIGHS IN ON OCS PLAN ., In a letter to the U.S. M]flera]s Man~§ement Service last month, RDC supported increased access to the Alaska Outer Continental Shelf in the agency's upcoming 2007-2012 oil and gas leasing plan. The Alaska OCS is an important future source of energy for Alaska and Lower 48 markets with an estimated 25 billion barrels of oil and 122 trillion cubic feet of natural gas poten- tial in place. The Chukchi Sea is considered the most prospec- tive offshore basin in the country. RDC said improved access to the Alaska OCS in a thoughtful and environmentally-sensitive way could signifi- cantly improve the nation's domestic energy position. Specifically, RDC supported inclusion of the Beaufort and Chukchi seas, Cook Inlet and the North Aleutian Basin in the agency's five-year plan. RDC emphasized that any sales in these areas should move forward in a strong regulatory regime that protects the environment, other resource users and traditional ways of life. Subsistence whaling is vitally important, both economi- cally and culturally, to North Slope villages, and fishing is the £oundation of the Bristol Bay economy. Commercial and sport fishing in Bristol Bay are important to the economic and cultural well-being of many Alaskans. With new technology and a strong regulatory regime, RDC is confident oil and gas production can occur offshore in an environmentally-responsible manner. Given the long lead times for development, which can ex- ceed ten years, if a new area isn't included in the 2007-2012 plan, it wouldn't be eligible for re-consideration of leasing until a subsequent five-year plan is prepared, pushing poten- tial production from new leases back beyond 2020. Some 85 percent of the American OCS is currently off- limits to energy production. These off-limit areas were estab- lished 24 years ago under an entirely different energy picture and regulatory regime than exists today. RDC believes the time has come to revaluate this polic?~ and focus on geo- graphically diversifying its domestic energy supplies. (Continued to Pa~e ll~ NORTHERN DYNASTY MUST PROVE ECONOMIC, WILL BE TESTED HARD PEBBLE PROJECT FOR ANSWERS (Continued from Pa~e 8) expectations. The truth will be found by looking at modern standards of mining behavior and operation, environmental protection, and the real physical and social impacts which are inevitable and unavoidable. This leads to a key question facing Bristol Bay. Today they have a commercial and sport fishing economy largely depend- ent on the area's superb salmon resources. This economy is good to its participants, but passes by many village residents and stores, and offers little growth or entry to people not al- ready in the business. There are numerous villages in Bristol ~a¥ that practice subsistence but do not significantly partici- in the financial benefits of fishing. In these areas, eco- ic opportunities are limited and the social consequences of this are high. The way it is today, if disease or market conditions ever de- molish the salmon fishery, the economy and subsistence ~ of Bristol Bay would be demolished too. Pebble Copper may be an opportunity for the region to add another, non-correlated leg to its economy. The mining company must still prove the deposit economic, and then will be tested hard for answers during the permitting process. That process will let the pub- lic determine the level of risks, impact and potential benefits. I urge people to listen with care, to judge whether those of- fering information are held to an independent high standard, to consider the record and point-of-view of the source, and to recognize that there are no simple solutions. There will never be total approval or opposition to a mine in this area. In the end, local leaders will have to work with the people to decide and then support the appropriate future for the region. John Rense provides consultin~ and strategic plannin~ through his businesses JRE, LLC and lhe Girdwood Leadership Inslitute. He is a board member of the Iliamna Development Corporation. Previously at NANA, he was associated with Red Do~ for almost 20 years. (907) 276-0700 November 2005 Resource Review Pa~e9 R DC's 2005 Community Outreach To G irdwood Many thanks to our sponsors: £xxonMobil, BP, ConocoPhillips, VECO, Northern Dynasty Mines Inc., Alaska Railroad CorpOration, Holland Amerlca Lino, Alyeska Resort and Anadarko Petroleum Company More than 35 RDC Board members, staff and guests partici- pated in the 2005 Community Outreach Trip to Girdwood October 7-9. The RDC delegation received numerous briefings on current issues and projects and took field trips in and around the Girdwood area. The board participated in a wide range of ac- tivities, including a hike to Winner Creek Gorge, a visit to the Alaska Wildlife Conservation Center in Portage (formerly Big Game Alaska) and enjoyed a scenic train ride aboard the Alaska Railroad from Anchorage to Spencer Glacier. The board also vis- ited the Crow Creek Mine. At the Alyeska Prince Hotel, the board was briefed on the Winner Creek Project by John Rense, Girdwood Leadership Institute and a past president of RDC. Local residents Lana Johnson and Chris Von Imhof, Vice President and Managing Director of Alyeska Resort, delivered a mUlti-media presentation on the history of Girdwood and Alyeska Resort. Above, RDC board and ~uests enjoy a scenic train ride to Girdwood and Spencer Glacier. At ri~ht, the RDC delegation poses for a photo opportunity. At left, Shawn Toohey demonstrates ~old pannin~ at Crow Creek Mine. Below, Paula Easley and host Cynthia Toohey visiL Alaska Railroad President Patrick Gamble and Chu~ach National Forest Supervisor Joe Meade brief RDC as lhe train heads to Spencer Glacier. Grizzly bears, black bears, wood bisson, elk, and moose are amon~ many animals in a natural set- tin~ at the Alaska Wildlife Conservation Center. Pa~e 10 November 2005 Resource Review Above, Scott Thorson and Deantha Crockett on the Alaska Railroad. At left, the hand tram across Winner Creek Gor~e provides excitement. www. akrdc.or~[ NEW MIXING ZONE REGULATIONS In 2004, the Alaska Department of Environmental Conservation (DEC) proposed several changes to current mixing zone regulations. DEC received many comments, most of them expressing concern over mixing zones in fish spawning areas. As a result, DEC, along with the Department of Fish and Game and the Department of Natural Resources reviewed the comments and together formulated a new and significantly different 2005 proposal for mixing zone regula- tions. If adopted, the new regulations would end a long-standing ban on discharges into streams and rivers where salmon and other species venture at stages of their life cycle. The state be- lieves the change is needed because an outright ban on mixing zones does not always make sense. Local community sewage treatment plants, fish processors, hatche, r!es, oil and gas platforms, mines and other operations use m~x~ng, zones. DEC noted that some discharges do not harm fish and oth- ers would be timed to avoid spawning seasons. Applicants de- s!ring a mixing zone would have to pass a 19-part test and would be required to prove that the timing and composition ~f the discharge would not hurt fish. Comments are being accepted on the new regulations up to December 15. Visit the DEC web page for more information: www. dec.state.ak.us/water/wqsar/trireview/mixing zones.htm. COURT TO RULE ON CFIUISESHIP TAX On October 10 the Alaska Superior Court held oral argu- ments in the North West Cruiseship Association's (NWCA) case against the State of Alaska challenging the validity of an eight-page ballot initiative that would place four new taxes on the cruise ship industry and its passengers. A decision from the court is expected in November. RDC is a co-plaintiff in the suit. NWCA said the ballot initiative is punitive in nature and is an overreaching measure that will discourage many visitors from coming to Alaska and will hurt local businesses. For more information, visit the NWCAweb site at: http ://nwcruiseship. org/group.cfm ?menuid= 146. ESSENTIAL FISH HABITAT SHOULD BE LIMITED RDC submitted comments on the reauthorization of the Magnuson-Stevens Act (MSA) to the State on October 17 and Projects Coordinator Jason Brune testified on the issue before 'panel of state officials'. His comments specifically focused .in limiting the extent of Essential Fish Habitat (EFH). Brune noted that the EFH program is redundant to a host of federal, state and local regulatory procedures that ade- quately protect fish habitat and other coastal and inland re- sources, including the National Environmental Policv Act and the Clean Water Act. ' RDC supports an amendment to the MSA to limit the geo- graphic scope of EFH designation and related agency consul- tations to those areas outside state coastal and inland waters. HEALY GAS ONLY EXPLORATION LICENSE The Alaska Department of Natural Resources has issued a Preliminarv Best Interest Finding for a Proposed Healy Area Gas Only Exploration license. Usibelli Coal Mine is the ap- plicant of the license which spans 208,630 acres. In a recent Action Alert, RDC encouraged its members to submit comments supporting issuance of the exploration li- cense. RDC believes it is in the best interest of Alaska to grant the license. The Healy basin's proximity to existing infra- structure and increasingly tight gas supplies in Southcentral and Interior Alaska underscore the importance of encourag- ing exploration in this area. RDC noted existing protections for surface owners are ad- equate to address possible conflicts between surface and sub- surface uses. However, RDC expressed concern that setback restrictions from rivers and streams are excessive, as well as setbacks for drill pads and compressor stations. R DC CONFERENCE SET FOR NOVEMBER RDC's 26th Annual Conference, "Alaska Resources 2006: Right Place, Right Time," will be held November 16-17 at the Hotel Captain Cook in Anchorage. More than 30 speakers from across Alaska, Canada and the Lower 48 will address an expected audience of several hundred on a wide range of is- sues and projects spanning the oil, gas, mining, fishing and tourism industries. For additional information on the confer- ence and to register, visit the RDC website at: www. akrdc.org. AMEREF PREPARES FOR RAFFLE, AUCTION The Alaska Mineral and Energy Resource Education Fund (AMEREF) will hold its Annual George Schmidt Memorial Raffle and Silent Auction at the Alaska Miners Association Banquet in Anchorage on NoVember 4, along with a Wells Fargo matching grant fund-raising drive. Every dollar do- nated to AMEREF up to $5,000 will be generously matched by Wells Fargo. Donations may be made online at: www. ameref, org. Recently AMEREF, in partnership with the National Energy Education Development Project, held a training ses- sion at the BP Energy Center with specific focus on energy education. Forty teachers from Anchorage, Mat-Su, Kenai and Fairbanks participated with the support of BP. Training sessions were also held in Fairbanks and the Palmer-Wasilla area. (907) 276-0700 November 2005 Resource Review Pa:~e 11 The Resoume Development Coltncil ia' committed to the responsible det'elopment of Alaska's natural resources while protecting and enhancing the environment. First ,rational Bank Alaska ia' committed to the stwcess of the Alaska businesses involved in development opportunities. Some Alaska businesses are content to wait around for opportunities. we help create them. Get the(~vantage. Work with Alaskans who can help you create and take advantage of opportunities. Give us a call, drop by one of. our branches or visit our Web site to learn more. 777-4FNB (4362) Anchorage/Eagle River 1-800-856-4362 other Alaska communities ADDRESS SERVICE REQUESTED Growing Alaska Through Responsible Resource Development 1:>1 W. Fireweed, Suite :~50, Anchorage, Al( 99503 MAYOR PAT PORTER OFFICE OF THE MAYOR cn'Y OF KENAI 210 FIDALGO AVE STE 200 KENAI AK 99611-7794 I1,1,,I,1,,,11,,,,,11,,,111,,,11,,,i1,1,,,i,,I,,,!i11,,,,11,,I PRSRT STD U.S. Postage PAID Anchorage, AK Permit No. 377 ,KENAI RIVER Special Management Area Working together...for the river" I® II. *** Meeting Agenda*** Thursday, November 10, 2005 5:30 p.m. Kenai River Center CALL TO ORDER A. Roll Call B. Approval of !0/13/05 minutes C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS A. Kenai River Operations- Bill B. DNR Appointments and Contacts C. Kachemak Heritage. Land Trust-Barb Seamons D. Carrying Capacity Workshop report- Jack Sinclair/Dale Blahna E. Fee Increases IV. OLD BUSINESS A. Membership and Nominees for Board seats B. Kenai River Center Update, Suzanne Fisler C. Horsepower Discussion D. Regulation Package Ve PUBLIC COMMENT ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office, Box ~1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai ~ninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262.4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in coooeration with the Kenai Peninsula Borough. Kenai River Special Management Area Advisory Board Thursday, October 13, 2005 5:30 p.m. Kenai River Center I. CALL TO ORDER A. B. Roll Call: Members Present: Ken Lancaster, Ted Wellman, Joe Connors, Pete Sprague, Floyd Heimbuch, Tim Stevens, Robin West, Jack Sinclair, Rick Wood, Keith Kornelis Guest' Director Jerry Lewanski Members Absent' Dick Hahn, Jeff King, Tom Vania, Deb Cooper, Ted Forsi, Paul Shadura Approval of 09/08/05 minutes. The minutes were approved As written. II. C. Agenda Changes and Approval PUBLIC COMMENT None III. NEW BUSINESS A. Kenai River Operations - Bill Berkhahn BilI gave the board the annual update on the 2005 field operations. This year within the Kenai River district there were some excellent volunteers - 22 in all within the park and on the river who contributed 15,000 hours of time. In addition to the volunteers we have 1 Natural Resource Technician and 1 Alaska Conservation Corps person. Starting in March there was an additional Park Ranger added to the Kenai River staff, Ryan Gosse. Rangers Don Barber and Jacques Kosto and Bill Berkhahn continue to patrol the Kenai River. The priorities are resource protection, as well as making sure parks are well maintained, safe and accessible. Public education is also important and done through field contacts. Boating safety education in the schools continues to be a big part of the fiver district's priorities. Insuring people are conducting themselves on the river in a safe manner through regulation enforcement and education. Kids Don't' Float loaner program continued this year at all the parks boat launches. Rental boat inspections were conducted. They are done every other year. Some of the Boating Safety programs were' Salmon Carnival at ,Johnson Lake, Safe Kids Water Safety Carnival at Skyview, Bill taught 2 classes at Kenai Peninsula College. The Morgan's Landing bank restoration project was completed today! This involved federal funding, Fish & Game funding and State Parks. The project consisted of restoring 250 feet of riverbank with brush layering, willow planting, grass seeding, veg mats and spruce tree revetments with a 90 foot fishwalk with stairs to the river. Law enforcement is a big part of managing the resource. 972 citations were written on the river this year. With the additional ranger and overtime funding for July provided by the Kenai River Sportfishing Association (KRSA) that paid for an extra 250 hours of overtime, citations doubled from last year. Bill then broke it down' 144 were boating safety related; fishing violations numbered 251; 78 Horsepower violations. 58 guides were cited of which 18 were for not providing their end of season reports. 4 guides were cited for over horsepower. 3 guides had boating safety violations. 5 guides were cited for fishing violations. 20 guides cited for other violations such as not registering their vehicles commercially, not paying the boat launch' fee. ' Bill recognized and thanked KRSA for funding $11,300 of additional ranger patrol in the form of overtime in July. Bill also thanked Dean Hughes of ADF&G for securing $65,00 of the funding for the Morgans project and for his technical assistance. Bree Dar, biologist with USFWS also helped secure the funding for Morgans. He also thanked River & Sea Marine and Yamaha Corporation on a deal offered to DPOR for a detuned 50hp 4-stroke jet drive. Joe' When you cite someone for a fishing license violation, do you know at fhat time that they are a non-resident? Bill said sometimes if you ask the right questions you get your answer fight there out in the field but generally there is some follow-up required. Bill said Parks has developed a great relationship with many other states and can research resident issues readily that way. Ken: What were the 144 boating safety violations? Bill said they ranged from not enough PFDs, boat registration, kids under 13 not wearing a PFD, drift boats operating without a powerboat registration(when someone throws a motor on a drift boat). Kenai River Special Management Area AdvisOry Board Minutes - October 13, 2005 Page 2 of 5 Jerry: How many contacts per shift do you make? Bill said he would guess about 50 to 60 per ranger per shift. It would be nice to keep better track of the contacts made but Bill said you'd be spending too much time writing them all down in your notebook. B. Membership- New Board appointment applications- Jack Provided .to the board were the applications that have come in so far. The deadline for applying was OCtober 15th.' Jack said a few more will be coming in. The board will then have to nominate 3 per vacancy and there are 4 seats expiring. Dave Westerman has resigned his seat. It was decided there will be a special meeting on November 4th at noon at the Kenai River Center to nominate board applicants. 1. Vice President Election Ken explained this seat has been vacant and he as President will be absent for a few meetings this winter. He opened the floor to nominations. Ted nominated Jeff King and Joe Connors seconded. The vote was asked for and Jeff King was unanimously accepted as Vice President. C. Introduction' Jerry Lewax,ski, Director Alaska State Parks Jerry was introduced to the board. Jerry said he appreciates everyone's participation in this group. He stressed his appreciation for board member's personal time and commitment to KRSMA. · D. Work Session report- Ken Lancaster The work session met this afternoon from 3:00 pm to 5'00 pm. Talked about attempting to add Trail Lakes lands to KRSMA land and Ken will work with local delegation. He will report on progress at the next meeting. Public restroom: working with KRSI to get more available on the fiver. Also talked about Bill Berkhahn locating some appropriate areas for restrooms. Guide academy: Chris Degernes will be working on that in the regulation package. Kenai River Working Group, User Fee, Carrying Capacity' Waiting on Director Lewanski and the department to get to us on all these issues. There was some discussion about the Kenaitze buyback. Brenda Trefon was in the audience. Ken asked her if she had any other information. Brenda said she just received information from California- they have a similar program called the "early retirement program" for 2 stroke Kenai River Special Management Area AdvisciiSr Board Minutes - October 13, 2005 Page 3 of 5 motors. It might be possible to adopt some of those regulations. will meet with the board on November 10th from 10-12. Brenda Ken is continuing to work on the Corr property and he will keep the board informed of where that is going. Review of the Kenai River Comprehensive Management Plan was discussed. Suzanne .has done a review of that and she will bring that to the next board meeting and we will decide where to go with that. Ken thanked the board members for being present as well as Jerry, Parks Director. IV. OLD BUSINESS A. Boat Wake Study report - ,Jack E. Sinclair Jack contacted Dr. Maynard. He has not finished yet as he was sidelined with work on Katrina. He is back to working on the data collection and putting it together. He will contact Jack as soon as he has some preliminary data to share. B. Kenai River Bridge Update- Matt Coullahan, DOT One of the big days of the project is tomorrow when they will start de- watering the coffer dam around 2pm. This will take several hours. Once it holds water back satisfactorily they will start demolition of the center pier. Completion of the paving on Riverside Drive is slated to be done by the weekend as well as paving the approaches to the bridge. By weekends' end will have stripes done too. The bridge girder segments are on schedule. The new bridge opening is on schedule for August 2006. C. Letters to DEC, Commissioner DNR Letters were provided to the board that were sent to DEC and the Commissioner. No other comments. V. PUBLIC COMMENT Brenda Trefon said the volunteers that worked on the Boat Wake Study were much appreciated! VI. ADJOURNMENT A. Board Comments Robin' Thanks for the candy! Floyd: When I hear the term "our park, or the parks" we need to focus on calling it what it is' a special management area. Kenai River Special Management Area Adwsory Board Minutes - October 13, 2005 Page 4 of 5 Keith' Asked for board quorum explanation. Denise read from the' bylaws' A quorum of the transaction of business at any regular or special meeting of the members shall consist of a majority (7) of the voting members of the Board (12). Any number of members present at a duly called meeting constituting less than a quorum shall postpone the meeting to a time and Place xvhere a quorum is expected to be present. A majority of a quorum is required to approve items of business unless as otherwise required. (There are 9 public members and 3 agency members who can vote). Tim: Said Nancy Sonafrank will be notifying all those who submitted comments on the mixing zones when they come up with decisions. They are in final discussions with DNR, ADF&G and the Commissioners. Ken: Thanked Ted Wellman and Joe Connors for applying to remain on this board. Thanked the Director for coming to the work session this afternoon and the meeting this evening. Be Date/Agenda of Next Meeting' Nov. 10, 2005 Kenai River Special Management Area Advisory Board Minutes - October 13, 2005 Page 5 of 5 i~) '0 1:3 ¢) 'CZ Z ~ ~ ~ ~ 0 0 ~ ~ ~ ~ 0 0 0 .-- ~ = ~' -- > 0 _ _ ~ ~ '~ ~ .... __ ~ '= .~ '- o ~ E= ~ = ~ =_ 0 ~o =~ .~ ~o~ =~ o~ ,- = ~ ~ ~ ~ ~ i= ~ o = = = = c- o .- ' ~ ~ o o ~ o c~ ~ = · i ~ ~ ~ o o ~ o ~ ~ o o o o ~ ~ Z ~ ~ Z ~ ~ Z Z Z , o ~= o= o o o ~ '- ~o ~ o ~ ..r~ .~ < ~m~ ~ ~ <~ ~ < ~, - o m m E · · ~ -._ - o ~= ~ c) t~ ~ ~ m ......... ~ .... m ~ ~ o o o m (:3 6 Eo E -o~ ~ oE E 0>, o ozO ~ c4~0 0 iL, . o ~ o ~ ~ ~ 0 o ~ ~ ~ o o o ._ ~ ~ o' ~ ~ 0 ~ ~ ~ 0 ~ ~o ~o~ ~~ o · ~ ~0 ~0 · ~ ~ ~ffi Z Z ~ Z Z ~ ._~ O~ I m . ._ ~ 0 ~ ._ '~ x ._ 6 · X ~ ~ ~.-- KENAi PENINSULA BOROUGH CLERK'S OFFICE Sherry Bigg$, CMC. Borough Clerk Joh~i Bianken~hip, 144 North Binkle y Street MEMORANDUM TO' Homer City Manager Walt Wrede Kachemak City Clerk Helyn Schoepke Kenai Acting City Manager Chuck Kopp Seldovia City Manager Kurt Reynertson Seward City Manager Clark Corbridge Soldotna City Manager Tom Boedeker FROM' ~r~ Biggs, Borough Clerk . DATE: November 2, 2005 SUBJECT: Borough Capital Projects Priority Book- 2006 The Legislative Committee of the Borough Assembly met recently to discuss the development of its state and federal priorities books for the coming year. . As a courtesy, the Assembly will once again include those capital priOrities adopted by the incorporated cities within the Borough. However, since each of the cities creates its own priority packet for lobbying state and federal officials, this year's Borough book will include only one page per incorporated city. Please forward a one-page list of your city's capital project priorities for the upcoming legislative session to my attention at the above address. This list should be on your city letterhead, signed by the Manager or Mayor of your city, and should include the name and telephone number of the contact person for each project on your list. In order to meet our deadline for publication, I must receive your list no later than December 7, 2005. If you have any questions, please feel free to contact me at your convenience. MEMORANDUM TO ClJT MANAGERS November 2, 2005 Page 1 of 1 ~ AGENDA cou.c .- :.~.. '-~-~"' 7:00 P.M. cou.c,. ~. ~t~ h ttp ://www. ci. ken a i. a k. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Ken Duff, Ex. Director, Frontier Community Services -- Frontier Community Services Building Project. 2. Rhonda Ogelsby/Kenai Kennel Club -- Section 36/Request for Space -- Dog Park/Section 36. 3.Comments/Wal-Mart (3 minutes/speaker) ITEM E: PUBLIC HEARINGS 1. Ordinance No. 2131.2005 -- Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for the Staying Connected Grant. 2. Ordinance No. 2132-2005 -- Increasing Estimated Revenues and Appropriations by $5,000 in the General Fund for a Donation Made by Tesoro Petroleum Co. to be Used for the Town Clock. 3. Resolution No. 2005-48-- Directing the Continuation of the Project Entitled "Set Net Drive (From VIP Drive to Watergate Way)" and Designating What Improvements Are to be Included in This Project. (Clerk's Note: A motion for approval of Resolution No. 2005-48 is on the table.) 4. Resolution No. 2005-49 -- Opposing Integration of the Halibut Charter Fishery into the Existing Commercial IFQ System. 5. Resolution No. 2005-50 -- Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards. ITEM G: OLD BUSINESS 1. Discussion (Clerk's Note: A motion to sell Parcels 4, 5, and 6 is on the table.) 2. Approval -- Appointment of Mini-Grant Steering Committee -- Proposed Sale of Wetlands/The Conservation Fund. ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2133-2005 -- Increasing Estimated Revenues and Appropriations by $36,370 in the Airport Land Fund for Repairs at the Flight Service Station. 4. *Ordinance No. 2134-2005 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a State Library Grant. 5. Approval -- Assignment/Security Assignment of Lease and Amendment to Lease -- Lot 2, Block 1, Gusty Subdivision/Thomas Wagoner to Ma & Pa Alaskan Treasures, Inc. 6. Approval -- Vacation of the South 33-Foot Right-of-Way Easement Adjacent to Government Lot 94 and Vacate the North 33-Foot Right-of- Way Easement Adjacent to Government Lot 105, Reserving a 30-Foot Easement, 15 Feet Both Sides of the Property Line Between Government Lots 94 and 105 for Utilities. Original Patent No. 53348, Recorded in Book 31, Page 236 Kenai Recording District; Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256; Petitioners: Edmund C. and Iris B. Enders of Anchorage and John J. Williams of Kenai, Alaska; Location, City of Kenai. 7. Approval -- Lease Application/Tract B-l, Baron Park No. 10; Tract C, Baron Park No. 5; and, Lot 1, Baron Park No. 5 -- Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc. 8. Discussion -- Peninsula Art Guild/Request for Funding EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT. The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at ~tp://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D622/211 MAKE PACKETS COUNCIL PACKET DISTRT'BUT~ON ¢OUN¢:IL ~EETIN6 DATE: Nta¥or/¢ouncil ~ Attorney .. ZayIor/$prin~lcr/Kcbschull Clerk City/~an~er ~,~ Public Works Police bep~rtment / Finance ~ Engineer Senior Center , / Airport / Kim Library ~ Porks & Recreation / Clarion Fire Department / Schmidt / ~ellish VISTA / Student Rep. / KSRM Popp ~ grenckle AGENDA D1',STRI'BU~ON Sewer Treatment Plant Streets Shop Dock I~uildin~ ~aintenance Animal Control Water/Sewer Counter DELZVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSP,~, ~ellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible after Noon on packet day. The camera-ready agenda c'/myfiles/documents/minutes/agenda form for paper)is emeiled to Denise et Peninsula 6~larion (at email folder Work Session/Special Meetings. or Composition in Contacts or Ibell~acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public heorin9, and ordinances for introduction) ore usually emoiled to me and I hold them in my HTNtL file. Place them onto the city's website from there as soon as possible before leaving the office for' the weekend.