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HomeMy WebLinkAbout2006-11-21 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 21, 2006 7:00 P.M. KENAI CITY COUNCIL CHAME http://www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS Ordinance No. 2191-2006 -- Increasing Estimated Revenues and Appropriations by $150,000 in the General Fund for Payment to the Public Employee Retirement System. (Clerk's Note: Ordinance No. 2191-2006 was postponed from the October 4, 2006 council meeting. The motion to adopt the ordinance is active.) 2. Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting Mobile Home Standards for Mobile Home Parks Within the City of Kenai. a. Substitute Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting Mobile Home Standards for Mobile Home Parks Within the City of Kenai. (Clerk's Note: Ordinance No. 2196-2006 was postponed from the November 1, 2006 council meeting. The motion to adopt the ordinance is active.) 3. Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05,100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. 4. Ordinance No. 2198-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the Airport Fund for Professional Services. 5. Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." a. Substitute Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." 6. Resolution No. 2006-61 -- Setting the Public Hearing Date on the Proposed McCollum-Aliak-Japonski Paving District. 7. Resolution No. 2006-62 -- Authorizing the Amendment of the City of Kenai, Alaska and Public Employees' Retirement System (PERS) Participation Agreement to Exclude All Elected Officials, Effective November 21, 2006. 8. Resolution No. 2006-63 -- Awarding the Bid to Spacesaver Northwest for Kenai Police Department Lockers - 2006 for the Total Amount of $35, 204. 9. Resolution No. 2006-64 -- Supporting Efforts to Lower the Total Aromatic Hydrocarbon (TAB) Levels in the Lower Kenai River, and Opposing the Categorization of the Lower Kenai River as an Impaired Waterbody. 10. Resolution No. 2006-65 -- A Resolution of the Council of the City of Kenai, Alaska, Transferring $15,533 in the Airport Terminal Modification Capital Project Fund for Additional Engineering Services. ITEM F: MINUTES *Regular Meeting of November 1, 2006. ITEM G: ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 -- None 3. *Ordinance Number 2201-2006 -- An Ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations by $638 in the General Fund for a grant from the Rasmuson Foundation Arts and Culture Programs. 4. Approval -- Assignment of Lease -- Lots 7 & 8, Block 1, FBO Subdivision. a. Assignment of Lease and Consent to Assignment/Blue Mountain Ventures, Inc. to Loroc, LLC. b. Amendment to Lease/Updating Insurance Requirements and Next Lease Renegotiation. 5. Discussion -- Combining Commission/Committees. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council -- None Scheduled ITEM M: KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 21, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. FOWA ROLL CALL The City Clerk took roll. Present were: Rick Ross Robert Molloy Mike Boyle (telephonically) Pat Porter, Ma or Joe Moore, Vice Ma or Linda Swarner Ba= Eldridge A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL Mayor Porter requested the following amendments to the agenda: ADD TO: E-9a, Substitute Resolution No. 2006-64 -- Supporting Efforts to Lower the Total Aromatic Hydrocarbon (TAH) Levels in the Lower Kenai River. ADD TO: E-9b, Substitute Resolution No. 2006-64 -- Supporting Efforts to Lower the Total Aromatic Hydrocarbon (TAH) Levels in the Lower Kenai River. MOTION: Council Member Molloy MOVED for approval of the agenda with the additions of the requests for amendments to the agenda outlined. Council Member Eldridge SECONDED the motion. VOTE: *Student Representative DeMello: Yes KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 2 Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. A-4. CONSENT AGENDA MOTION: Council Member Moore MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. Mayor Porter presented Alaska Municipal League's Vic Fischer Local Government Leadership Award to the City of Kenai s Finance Director Larry Semmens , noting the award is presented to those individuals showing a significant statewide contribution to improving local government and communities in Alaska. ITEM B: SCHEDULED PUBLIC COMMENTS -- None ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2191-2006 -- Increasing Estimated Revenues and Appropriations by $150,000 in the General Fund for Payment to the Public Employee Retirement System. (Clerk's Note: Ordinance No. 2191-2006 was postponed from the October 4, 2006 council meeting. The motion to adopt the ordinance is active.) There were no public comments. Finance Director Semmens gave an overview of the State/PERS concerns, i.e. an unfunded liability to the City due to accounting irregularities in the State's accounting for cash inflows and outflows for each member employer and using an inappropriate allocation method which resulting in unfunded liabilities that are inaccurate. City Manager Koch requested the item be tabled indefinitely until direction is received from the new Administration and Legislature indicating how they intend to handle the PERS and TRS issue. At that time, the item would be brought back before Council. A general discussion followed. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 3 MOTION TO TABLE: Council Member Ross MOVED to table Ordinance No. 2196-2006 and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative DeMello: Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting Mobile Home Standards for Mobile Home Parks Within the City of Kenai. E-2a. Substitute Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting Mobile Home Standards for Mobile Home Parks Within the City of Kenai. (Clerk's Note: Ordinance No. 2196-2006 was postponed from the November 1, 2006 council meeting. The motion to adopt the ordinance is active.) Council Member Molloy MOVED to adopt Substitute Ordinance No. 2196-2006 and Council Member Eldridge SECONDED the motion. Public comment included: Geoff Graves, 5360 King Salmon Drive, Kenai -- Mr. Graves spoke in support of the ordinance stating mobile homes should be held to the same standards as other homes within the City. Dorothy Wilhelm, owner of Anchor Trailer Park -- Ms. Wilhelm expressed her concerns with the ordinance stating a trailer park is one of the lowest cost places low income people can live in Kenai including housing for seniors. The extra fees associated with the ordinance would be difficult for low income people to pay. Frank Getty, 208 Candlelight Drive, Kenai -- Mr. Getty stated he has a mobile home on his own lot and asked if the ordinance would apply to him. City Attorney Graves responded by saying that private mobile homes on private lots were not considered a mobile home park and would not be covered by the ordinance. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 4 Terry Meier, 5125 Silver Salmon Drive #36, Kenai -- Mr. Meier spoke in opposition to the ordinance expressing concerns about codes related to decks, blocking, cooking appliances, detectors; recommended having alternate routes through trailer parks for safety; and, questioned enforcement of ordinance and the definition of dilapidated. Sandy Lashbrook, owner of Highland Pride Trailer Park, 5125 Silver Salmon Drive -- Ms. Lashbrook spoke in opposition to the ordinance stating the ordinance was rushed and she felt the issue was not the codes, but the existing codes had not been enforced. Ms. Lashbrook exceeded her three minute limit and was escorted from the Chambers. BREAK TAKEN: 7:35 P.M. BACK TO ORDER: 7:40 P.M. Curt Rogers, 5335 King Salmon Drive, Kenai - Mr. Rogers spoke in support of the ordinance stating it was well written. Jim Patton, 5125 Silver Salmon #11, Kenai - Mr. Patton stated he has lived in the Highland Trailer Park for 15 years and expressed safety concerns. Deputy City Clerk Lockwood read into the record a letter from Roy Wright, trailer park owner, P.O. Box 95, Kenai. In the letter, Mr. Wright outlined items for consideration in relation to mobile home inspections. City Manager Koch stated almost everything in Mr. Wright's letter has been addressed in the substitute ordinance. John Duncan, Anchor Trailer Court, 11823 Kenai Spur Highway #53, Kenai. Stated he was in favor of this ordinance. Comments from Council included: • Landings are standard on all abodes. • Allows for one arctic entry and one lean-to -- something at each door. • Waiver of fees for board of adjustment appeals and how that might apply to this circumstance or a lesser fee; $100 fee is far less than house inspection fees; and, paying over a period of time. • Safety would be the primary concern. MOTION TO AMEND: Council Member Boyle MOVED to delete $100 and replace it with $50 and Council Member Molloy SECONDED the motion. VOTE: *Student Representative DeMello: No Ross I No I Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 5 Porter No Moore No Swarner No Eldridge Yes MOTION FAILED. MOTION TO AMEND: Council Member Molloy MOVED to add a sentence to c-2 "the fee for the mobile home building permit may be paid in installments within 10 months of the issuance of the permit." Council Member Boyle SECONDED the motion. VOTE: *Student Representative DeMello: Yes Ross No Molloy Yes Bo le Yes Porter Yes Moore No Swarner Yes Eldridge Yes MOTION PASSED. VOTE ON SUBSTITUTE AS AMENDED: *Student Representative DeMello: Yes Ross Yes Molloy Yes Bo le Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:03 P.M. BACK TO ORDER: 8:08 P.M. E-3. Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. E-3a. Substitute Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. MOTION: KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 6 Council Member Molloy MOVED to adopt Substitute Ordinance No. 2197-2006 and Council Member Eldridge SECONDED the motion. Jim Butler, 1711 Kaknu Way, Kenai -- Mr. Butler spoke in favor of the Ordinance and suggested increasing the fees in an effort to make residents more responsible for their pets. Discussion among Council members included the different types and amounts of animal control fees and the request of Administration to postpone to allow time to investigate adequacy of the fees. MOTION TO AMEND: Council Member Swarner MOVED to amend 3.05.100 for fees to increase the fee for a kennel facility shall be $15 in the facility to a maximum of $75. Council Member Moore SECONDED the motion. It was suggested the ordinance be postponed to allow for public notice of the amendments made and the suggested fee increase and to allow kennel owners to be aware of the issues. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2197-2006 until the second meeting in January and Council Member Swarner SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative DeMello: Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2198-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the Airport Fund for Professional Services. MOTION: Council Member Molloy MOVED to adopt Ordinance No. 2198-2006 and Council Member Eldridge SECONDED the motion. There were no public comments. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 7 Koch requested additional time for Administration to provide more information regarding the need for this service and the need for it being a sole -source procurement to this individual. He stated it was not a time -sensitive issue. MOTION TO POSTPONE: Council Member Ross MOVED to postpone Ordinance No. 2198-2006 and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative DeMello: Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." E-5a. Substitute Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." MOTION: Council Member Moore MOVED for adoption of Substitute Ordinance No. 2200-2006 and Council Member Swarner SECONDED the motion. There were no public comments. City Attorney Graves summarized the following changes in the Substitute Ordinance: • Disposal of land through resolution changed to ordinance to be consistent with airport land code. • Added provision in General Fund land code dealing with acquiring and permitting rights -of -way and easements authorizing the City Manager to do that with Council authorization. Graves also stated other suggestions had been made to include in the General Fund land code and as it was not time -sensitive, he suggested postponing the ordinance until the December 20, 2006 Council meeting. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 8 It was suggested the Planning & Zoning Commission review the substitute ordinance prior to the December 20, 2006 council meeting. Council Member Ross MOVED to postpone until the December 20, 2006 Council meeting. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. E-6. Resolution No. 2006-61 -- Setting the Public Hearing Date on the Proposed McCollum-Aliak-Japonski Paving District. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2006-61 and Council Member Eldridge SECONDED the motion. There were no public comments. It was noted, more than 50% of the individuals affected stated they wished to be included in this LID. VOTE: Student Representative DeMello: Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes MOTION UNANIMOUSLY PASSED. E-7. Resolution No. 2006-62 -- Authorizing the Amendment of the City of Kenai, Alaska and Public Employees' Retirement System (PERS) Participation Agreement to Exclude All Elected Officials, Effective November 21, 2006. MOTION: Council Member Eldridge MOVED to adopt Resolution No. 2006-62 and Council Member Ross SECONDED the motion. There were no public comments. Council comments included the following: • Council Member Moore disclosed his financial interest in the resolution, noting his eleven years of service as a councilman for the City of Kenai and that he was a participant in the PERS retirement program. If this resolution passes, he would be eliminated from accruing further credit toward retirement as a benefit of his KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 9 position as a council member. He also stated he supported the resolution and if allowed to vote, he intended to vote in favor of passage as he believed eliminating elected officials from the benefit program was in the best financial interest of the City. • Council Member Swarner stated she also had a conflict as she had been a member of the City Council for 19 years; she did not support the resolution; and, was disappointed it was brought forward again with no new information. • Council Member Eldridge stated with the PERS situation as it currently was, he did not feel it appropriate to being entitled to a retirement program for serving a few hours a week as a council member. He stated he would vote in favor of the resolution. City Attorney Graves commented, members of the Council who were accruing service credit in PERS and those who were opting out were both allowed to vote on the issue as there would be no other group to decide the issue. • Council Member Molloy's comments included: • Comments at a recent seminar related to the issue indicated the Constitution of Alaska says that once a person is in the system, their benefits cannot be changed; • The resolution may not affect council members that are already in the system even though the resolution says the City would be excluding council members as a class. • On November 6 a notice from Alaska Division of Retirement & Benefits indicated elected officials are not covered under Tier 4. • Agreed with Swarner that no new information had been offered and he would not change his vote from what he voted in May. • Felt the contribution rate would not be affected because it is a small pool of people that have a small wage of $400 a month. • Expressed concern Semmens' memorandum stated it was not definite what the City's unfunded liability is. • It was indicated at the seminar it would be unlikely an accurate amount of the liability could be acquired because of the accounting problems which Mr. Semmens has pointed out in his memorandum. • Additional concerns are statistics regarding medical costs which could be significant; recent letters to the editor noted people complaining about PERS retirees over 65 getting payment of secondary coverage; the real dollars have to do with employees; and asked if the City would begin accepting applications from only Tier 4 employees. • Council Member Ross spoke in favor of the resolution, noting his views had not changed; full year credit for partial years service based on a stipend is not an equitable situation; and, the liability for retirement and health benefits are allocated according to the time spent with an employer, not on the earnings earned with an employer. • Mayor Porter spoke in favor of the resolution noting, she did not consider herself an employee of the City, but an elected official elected by the citizens of this community who are not in favor of council members receiving medical benefits and retirement from them; and, felt a council member should sit on the council to improve the community, not to receive a benefit. Council Member Boyle spoke in opposition to the resolution, noting he believed compensating people was not a bad thing as it attracts higher qualified individuals to serve on Council; spoke with three different individuals from PERS and got the same story each time that contributions are based on pay and relayed figures he calculated based on the monthly stipend council members receive; and, once someone retires there is no increase in the liabilities. It was also noted, any credits prior to adoption of the resolution would remain, but no further credit would accrue after passage of this resolution. VOTE: *Student Representative DeMello: Yes Ross Yes Molloy No Boyle No Porter Yes Moore Yes Swarner No Eldridge Yes MOTION PASSED. E-S. Resolution No. 2006-63 -- Awarding the Bid to Spacesaver Northwest for Kenai Police Department Lockers - 2006 for the Total Amount of $35,204. MOTION: Council Member Molloy MOVED to approve Resolution 2006-63 and Council Member Boyle the motion. There were no public or council comments. *Student Representative DeMello: Yes Ross Yes Mollo Yes Bo le Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. E-9. Resolution No. 2006-64 -- Supporting Efforts to Lower the Total Aromatic Hydrocarbon (TAH) Levels in the Lower Kenai River, and KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 11 Opposing the Categorization of the Lower Kenai River as an Impaired Waterbody. MOTION: Council Member Molloy MOVED to approve Resolution 2006-63 and Council Member Boyle SECONDED the motion. Public comment included: Robert Ruffner, Executive Director of Kenai Watershed Forum. Mr. Ruffner stated his organization works on river and watershed issues across the entire Kenai Peninsula; encouraged Council to call the Kenai River an impaired waterbody as part of the resolution as the next step toward getting all three agencies (DEC, ADF&G, DNR) to work together on this issue; and, the three agencies did not work well together. Council members asked several questions of Mr. Ruffner. Ken Tarbox, 33270 Community College Drive, Soldotna, Alaska. Mr. Tarbox spoke as a biologist of over 20 years on the Kenai River and spoke to the sub -lethal effects of aromatic hydrocarbons (gas) on fish in the river. Tarbox also stated he had concerns with data in the resolution and supported referencing river as impaired. Council Members asked several questions of Mr. Tarbox Aaron Morse, 36630 Virginia Drive. Mr. Morse spoke as an educated chemist; has worked for over 30 years in heavy industrial water treatment, which deals with industrial contaminants; his well is within 30 feet of the Kenai River living at Mile 19 of the river; and stated his opposition to the resolution as it was currently written. Jim Rypkema, ADEC, Div. Of Water. Worked in the public process of the integrated report; encouraged comments about the report; and, stated DEC is committed to working with any and all groups associated with the Kenai River to come up with solutions to lower hydrocarbons in the river. Council Members asked several questions of Mr. Rypkema. John Landua, 1520 Toyon Way, Kenai. Mr. Landua noted he is a chemical engineer by training and have also worked on industrial hygiene and knows a little bit about toxicology. Spoke in opposition to the resolution and would like a resolution to define the river as being impaired. Paul Shadura, P.O. Box 1632, Kenai. Mr. Shadura stated he felt Category 5 inappropriate and Category 4 more appropriate; referenced need for a comprehensive KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 12 plan for the River; and, would support anything Council would do to facilitate discussions. Jim Butler, 1711 Kaknu Way, Kenai. Mr. Butler spoke in favor of having a designation of an impaired waterbody status and requested Council not go against impaired status. Council Members asked several questions of Mr. Butler. MOTION TO SUBSTITUTE: Council Member Molloy MOVED to approve Substitute Resolution 2006-64 (marked E- 9a). MOTION FAILED FOR LACK OF SECOND. MOTION TO SUBSTITUTE: Council Member Moore MOVED to approve Substitute Resolution 2006-64 (marked E- 9b) and Council Member Ross SECONDED the motion. Public comments included: John Landua, 1520 Toyon Way, Kenai. Mr. Landua spoke in opposition to this substitute resolution as he believed it set aside the issue of impaired status for the waterbody. Council Members asked several questions of Mr. Landua. Aaron Morse, Kenai. Spoke in opposition to the resolution. Council Members asked several questions of Mr. Morse. Ken Tarbox, 33270 Community College Drive, Soldotna. Spoke in opposition to the resolution and to the importance of the impaired status to the City in having a say in the process. Council Members asked several questions of Mr. Tarbox. Robert Ruffner, Executive Director Kenai Watershed Forum, Soldotna. Mr. Ruffner supported either tabling the resolution or not making any comment at this time. Council asked several questions of Mr. Ruffner. Paul Shadura, P.O. Box 1632, Kenai. Mr. Shadura spoke in favor of a Category 4 designation versus Category 5. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 13 Dan Chay, 37306 Cetacea, Kenai. Mr. Chay expressed concerns in how this would turn out in the long term and that over the long term, as a community, the need to engage well and make sure that we solve the problem. Glenda Landua, 1520 Toyon Way, Kenai. Ms. Landua stated she supported the impaired listing and offered wording to the resolution that night resolve Council's concerns. Discussion among the Council and City Manager Koch continued. MOTION: Council Member Moore MOVED to delete the 701 "whereas" of the resolution; in the third "whereas" eliminate the word "Kenai River" and delete the words "compliant with the EPA 2006 emission standards" and replace that with "cleaner motors". Council Member Ross requested votes on each individual "whereas". RESTATE THE MOTION: Council Member Moore MOVED to amend, in the third "whereas" delete the word "Kenai River" and substitute it with the words "in Special Management Area" and delete the words "compliant with EDPA 2006 emission standards" and replace that with the words "to cleaner motors to reduce the TAH level." Discussion ensued regarding the third "whereas" and striking it from the resolution. WITHDRAWAL OF MOTION: Council Member Moore WITHDREW his motion on the third "whereas" WITH CONSENT of the second Council Person Swarner. MOTION TO AMEND: Council Member Moore MOVED to delete the third "whereas" and Council Member Ross SECONDED the motion. VOTE: *Student Representative DeMello: Yes Ross Yes Molloy Yes Bo le Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 14 MOTION TO AMEND: Council Member Ross MOVED to amend the amendment restoring the seventh "whereas" and in front of "impaired" put the words "category V' to read "Whereas, the City of Kenai does not support the designation of the Kenai River as Category V impaired at this time, and further work should be completed and other options explored." Council Member Moore SECONDED the motion. VOTE ON AMENDMENT: *Student Representative DeMello: Yes Ross Yes Molloy No Boyle No Porter Yes Moore Yes Swarner No Eldridge Yes I MOTION PASSED. VOTE ON MOTION AS AMENDED: *Student Representative DeMello: Yes Ross Yes lloy No Boyle No Porter Yes lo,re Yes Swarner No Eldridge Yes I MOTION PASSED. Council Member Ross requested a verbatim of the public testimony be attached to this resolution and forwarded to the appropriate agencies as well as the Governor's office. (Clerk's Note: A copy of the verbatim is attached to the November 21, 2006 minutes.) E-10. Resolution No. 2006-65 -- A Resolution of the Council of the City of Kenai, Alaska, Transferring $15,533 in the Airport Terminal Modification Capital Project Fund for Additional Engineering Services. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2006-65 and Council member Eldridge SECONDED the motion. VOTE: *Student Representative DeMello: Yes KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 15 Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes _ Swarner ( Yes j Eldridge Yes I _ I� MOTION PASSED UNANIMOUSLY. ITEM F: MINUTES F-1. Regular Meeting of November 1, 2006 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None ITEM H: H-1. Bills to be Ratified N• :_ R Council Member Molloy MOVED for approval of purchase orders of $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None H-3. Ordinance No. 2201-2006 -- Increasing Estimated Revenues and Appropriations by $638 in the General Fund for a Grant From the Rasmuson Foundation Arts and Culture Programs. Removed from the agenda H-4. Approval -- Assignment of Lease -- Lots 7 & 8, Block 1, FBO Subdivision. H-4a. Assignment of Lease and Consent to Assignment/Blue Mountain Ventures, Inc. to Loroc, LLC. H-4b. Amendment to Lease/Updating Insurance Requirements and Next Lease Renegotiation. MOTION: Council Member Swarner MOVED for approval of the Lease and Consignment of Lease from Blue Mountain Ventures Inc. to Loroc, LLC as presented in I-I-4 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. MOTION: KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 16 Council Member Swarner MOVED to update the insurance requirements and the next lease renegotiation as outlined in H-4 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-5. Discussion -- Combining Commission/Committees. Council requested the item be delayed to the next Council meeting. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- No report. I-2. Airport Commission -- Council. Member Molloy noted the meeting summary of the November 9 meeting was included in the packet and reviewed items discussed and actions taken. I-3. Harbor Commission -- It was noted, the next meeting would be held December 11. I-4. Library Commission -- Council Member Swarner noted the November 7 meeting summary was included in the packet and referenced statistics in the report. I-5. Parks & Recreation Commission -- Council Member Moore stated there was no meeting last month and suggested the consideration of an appointment to the Commission should wait until Council's discussion on combining commissions /conunittees. 1-6. Planning & Zoning Commission -- Council Member Ross reviewed actions taken during the November 8 Commission meeting. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- No meeting. I-7b. Alaska Municipal League Report -- Council Member Swarner reported on her attendance of the AML conference in. Juneau. ITEM J: REPORT OF THE MAYOR Mayor Porter reported on the following: • Represented City at Veterans Day activities. • Attended the grand opening of Veterans Outpatient Clinic. • Attended Alternative High School Thanksgiving dinner. • KEDS is working diligently. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported on the following: KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 17 • Water well arsenic survey is being performed by Hattenburg, Dilley & Linnell. • A great deal of work has been done on the impaired waterbody status. • He is expecting completion on the final Walmart agreement in the next couple of weeks. K-2. Attorney -- No report. K-3. City Clerk -- No report. ITEM L: L-1. Citizens -- None L-2. Council Moore -- Requested a review of the telephonic participation be reviewed pursuant to the Clerk's reminder. Swarner -- Thanked Administration for work on the mobile home standards issues. Student Representative DeMello -- Reported the high school had its most successful canned food drive. Ross -- Invited City employees to attend United Way's presentation on 12/6/06 at noon at City Hall. The Senior Center will be serving soup. Molloy -- Stated he concurred with Mayor Porter, stating the Veterans Outpatient Clinic is fantastic and thanked all the individuals testifying at the meeting. Boyle -- Thanked all who testified. Eldridge -- Stated while in Argentina he met with the President of the city's council. The President is sending a letter to the Mayor. EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 11:17 p.m. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21, 2006 PAGE 18 utes submitted by: Jenifer Mckwood, Deputy 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 move or second items during a council meeting. APPROVED BY COUNCIL %a to O F RMAIM I{ENAI CITY COUNCIL MEETING 11/21/2006 Page i. KENAI CITY COUNCIL MEETING Date: 11/21/06 Pages 1 - 88, inclusive Transcript related to Resolution 2006-64: Supporting Efforts to Lower the Total Aromatic Hydrocarbon (TAH) Levels in the Lower Kenai River, and Opposing the Categorization of the Lower Kenai River as an Impaired Waterbody Present: Pat Porter, Mayor Council Members: Joe Moore Linda Swarner Rick Ross Robert Molloy Mike Boyle Barry Eldridge Adam DeMello Administration: Rick Koch, City Manager Cary Graves, City Attorney Jenifer Lockwood, Deputy City Clerk Transcribed by: Lenny DiPaclo, RPR PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 ICENAI CITY COUNCIL MEETING 1.1/21/2006 1 PROCEEDINGS 1 2 MAYOR PORTER: -- aromatic hydrocarbon (TAID j 2 3 levels in the Lower Kenai River and opposing the 3 4 categorization of the Lower Kenai River as an impaired 4 5 waterbody. Pleasure of Council? Councilman Molloy. 5 6 MR. MOLLOY: Mayor Porter, move to approve ! 6 7 Resolution No. 2006-64, ± 7 8 MAYOR PORTER: Is there a second? 8 9 MR. MOORE: Second. iv 9 10 MAYOR PORTER: The move is seconded. Is !'- 10 11 there anyone from the general public who would like to be ' 11 12 heard, please come forward. One at a time. Through the 12 13 clerk. Thank you. Thank you for being so patient. Thank ! 13 14 you. A cartoon, we need that today. No. 14 15 MR. RUFFNER: Madam Mayor, members of the f 15 16 Council and staff, my name is Robert Ruffner -- did I say ''. 16 17 it wrong? Oh, you're laughing at the handout. 17 18 MAYOR PORTER: That's why I say, it's time 18 19 for the cartoon, thank you. 19 20 MR. RUFFNER: It's a serious cartoon, so 1 20 21 want to come back to that. So don't let me forget it. If 21 22 I forget to talk about the cartoon, let me come back to ! 22 23 that. = 23 24 My name is Robert Ruffner, I am the 24 25 executive director of the Kenai Watershed Forum, ajob that 25 Paee 2 1 I've held for the past I 1 years. We work on river and 1 2 watershed issues across the entire Kenai Peninsula. 2 3 And I guess I first would like to say to all i 3 4 of you that I appreciate the work that you do. And the 4 5 comments that I want to make towards Resolution 64, in no 5 6 means do I want to set up anything that winds up making 6 7 this situation more difficult to work on in the future, 7 8 because I need the help of the City of Kenai. 8 9 So the content -- I'm disappointed, I guess, 9 10 just to start out with, that I'm up here offering to make 10 1 I the comments that I'm going to make instead of the = 11 12 Department of Environmental Conservation, but the fact that f 12 13 I'm here and they are not speaks volumes to why I want to 13 14 speak to this as I do. 14 15 This issue is not new, it's something that's 15 16 been around for quite some time. We've known that there is i 16 17 too much gasoline in the river since 1991. Every study 17 18 that's been conducted to measure gas in the river since 18 19 that time has found exceedances of hydrocarbons, gas, in `. 19 20 the river. Every study has concluded that we know where 20 21 ifs coming from. We know it's coming from outboard 21 22 motors. There has been nothing that's been done to address 22 23 that problem for 15 years. 23 24 There is a decent hiatus in the sampling ! 24 25 between 1991 and 2000. The history of this is that Fish & 25 Page 3 Game conducted that study in 1991. Nobody did anything_ until the Watershed Forum worked with the 14 entities entered into a memorandum of understanding, the City`,. Kenai being one of those entities, in 2000, that said we were going to go out there and start doing some basic monitoring of the river. We look at 29 different parameters in our monitoring effort, hydrocarbons is one of them. The only thing in our years of doing these studies, and the only thing that's popped up as an issue, has been hydrocarbons. There's been a couple of detailed studies that follow up on that that have been designed to eliminate any potential sources, help us understand where they are coming from, and like I said, that we know for a fact that they are coming from motorboats, three independent studies have pointed to that. So these aromatic hydrocarbons that we're talking about, these are four carcinogenic, cancer -causing chemicals that are found in the water column every July. To help you put this in perspective, because I know 10 parts per billion is a nebulous thing, we're talking about 300 gallons of gasoline before we can have an exceedance, and we have strong evidence to support the fact that 600 gallons of raw gasoline every day goes to the river on a peak use day in July. It's a fairly staggering number. The DEC, when they conducted their own independent study to look into what we were saying to see if we were right, we asked them to do that, they did that in 2002 -- in 2003. The headline in the fall of the newspaper in the Clarion was, "DEC and their independent contractor estimate 10,000 gallons of raw gasoline runs through the river every summer." I need your help. I've used every tool that I have at my disposal to try to help us work on this to develop a plan so that we can address this. I can't do it. I'm looking in my toolbox, I don't have any other tools. This impaired waterbody status is the next step in identifying a problem and then having a little bit more leverage to get the state agencies to come together and work on this. It takes a little bit of the political funny business that goes on, that keeps the three agencies that really need to come together to work on this, from happening. One last thing, I ]mow the buzzer went off. The last thing that I want to say is that one risk that we have of not taking this step is that this step has to be approved by the EPA. If EPA looks at this and the State decides not to do this, there is a risk, I don't know how great it is, I can't tell you, that EPA will step in and 2 (Pages 2 to 5) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 say, no, it is on the list, because we have the data to 1 1 2 support it. So -- 2 3 MAYOR PORTER: Thank you. Are there any 4 questions of Mr. Ruffner? Councilman Ross. `3 4 5 MR. ROSS: Robert, I have several questions 4 5 6 that I want to ask, and some of them were to DEC, and they 6 7 are not here and you are, so -- I'm sorry. 7 8 SPEAKER: (Indiscernible). 8 9 MR, ROSS: Okay, thank you. Robert, in 2000 9 10 I worked with you on getting assistance to you on the river 10 I I with city equipment to do this, is that correct? 11 12 MR. RUFFNER: Yes, sir. j 12 13 MR. ROSS: Since that time it appears that 13 14 the testing has been consistent on peak days in July that 14 1.5 we have an issue. I mean, how long have we -- we're in a ''.'. 15 16 Category III status right now? ; 16 17 MR. RUFFNER: Correct. t 17 18 MR. ROSS: How long have we been in that ` 18 19 status?" 19 20 MR. RUFFNER: Since I've been in my job 20 21 we've been in a Category III status. Which it's my 21 22 understanding that Category III means it's an important i 22 23 waterbody, we just don't -- we're just not sure that it's i 23 24 attaining all -- the standards are not being met for all 24 25 uses. So we've been in Category III where it's recognized f 25 Pave 6 1 as an important waterbody for a long time. i 1 2 MR. ROSS: We've had these things show up in 1 2 3 the water consistently over this period, and I'm looking at s 3 4 this document, the public draft Alaska 2006 Integrated E 4 5 Water Quality Monitoring that's attached to the resolution, l 5 6 and it seems like if we've identified those things that we 1 6 7 should have been doing something. Is that a wrong 7 8 statement? 8 9 MR. RUFFNER: I agree wholeheartedly, 9 10 MR. ROSS: So I guess where I'm having a 10 11 problem is that we've been in Category III for a long 11 12 period of time, and as I read this document there are ! 12 13 several things that we should have been doing if we've i 13 14 identified a problem, working on some issues. Why are we 14 15 proposing, instead of doing what is required by Category ''; 15 16 III, doing what might be DEFCON 3 and publicly saying, you 16 17 are the worst river that there is. We're putting you in 17 18 the worst category that we can put a river in, which is V,' 18 19 and we haven't even done any of the steps publicly, gone 19 20 around and come to bodies like this and said, look, maybe i" 20 21 we better change our fishing methods. Maybe we can't sit i 21 22 idling on a hole all day long because the idling engine t 22 23 maybe puts too much gas in the water compared to the one i 23 24 under power. Or maybe there is issues that we can do on 124 25 when boats are going to be on the river, or what kinds of ; 25 Page 7 motors. None of that discussion has taken place. It didn't take place when I was sitting in the city manager's chair. I mean, nobody came in and said, we've got a problem and if we don't work on some solutions we're going to have to put you in a Category V river and tell the world you're the worst river in the world -- I mean, you're in the worst category. Why haven't we done those things? And I don't mean to be hammering you. MR. RUFFNER: No, I'm happy that you are. MR. ROSS: But this document tells me, as a Category III, you've identified a problem, I should be working on it. And maybe I've missed something, but I don't think we have been. MR. RUFFNER: I don't think we have been either. And if I can, I'll try and answer this as best I can. Kenai River is complicated, we all know that. There are three agencies that need to come together to work on this. Those three agencies are Fish & Game, DNR, and DEC. Those three agencies don't work well together in my experience. And I think that from our local community they are letting us down by not doing that. MR. ROSS: So the solution to that is to tell the world, we have a Category V river because we can't Pape 8 play together at a Category III and get it right? MR. RUFFNER: Apparently we need a bigger tool in the toolbox, and that's why I say that this is that bigger tool. And other entities that have considered this issue have spent half a day struggling with this in work sessions. And I don't know of any other entity that has opposed us taking this step, when they have studied this in depth. And those include all user groups. This is not a user group attacking another user group or using it in an inappropriate way. I think everybody that's studied this in depth has decided that we do need this bigger tool. MR. ROSS: And not to belabor it, we need the bigger tool because the agencies didn't do their job under Category III? MR. RUFFNER: I would say yes. MAYOR PORTER: Thank you. MR. RUFFNER: My cartoon. MAYOR PORTER: Oh. MR. RUFFNER: If somebody asks about the cartoon, I'll talk about the cartoon. MAYOR PORTER: We have the cartoon. MR. RUFFNER: Thank you. The cartoon addresses your other issue. The reason -- I don't want the river to be called impaired. I don't think anybody wants it to be called impaired. There is a stigma associated 9 3 (Pages 6 to 9) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 with that word. It's very negative. And I think some I I 2 concerned --some people have chosen to be neutral on this 2 3 issue is because of the stigma, that's the best I can read 3 4 between the lines, is that's why they would be neutral on 4 5 it. 15 6 The stigma is already out there, we've had 6 7 these headlines that I've mentioned, we've had cartoons in 7 8 the Daily News that have been published. People that pay 8 9 attention know that this is out there. And I think it's an `•: 9 10 embarrassment that we're not dealing with it. We don't i 10 11 want to wind up like these other rivers in the Lower 48 s 11 12 that wind up working themselves into an intractable ? 12 13 position, and if we don't stay on top of things, we're 113 14 going to wind up in that situation. 14 15 MAYOR PORTER: Thank you. 15 16 MR. ROSS: Madam Mayor, I have a question 16 17 about procedure. € 17 18 MAYOR PORTER: Yes. I8 19 MR. ROSS: I'm definitely interested in i '19 20 having Mr. Ruffner backup here if procedurally we can't r 20 21 introduce 9-b substitute at this point. We need to ! 21 22 continue taking testimony on the motion on the floor, or = 22 23 once we do that, if we look at bringing in the substitute, i 23 24 I would definitely like to have the opportunity to have him ! 24 25 return to the podium. 25 Page 10 1 MAYOR PORTER: I think Council can call 1 2 anybody back up if they would like to. 2 3 MR. ROSS: Procedurally you wish to continue 3 4 under the present motion? l 4 5 MAYOR PORTER: Well, hold on just a -- 5 6 excuse me just a moment. Mr. Graves. j 6 7 MR. GRAVES: I think Council can take public 7 8 testimony on the main resolution, and then if the i 8 9 substitute is introduced the Council can opt to take I 9 10 additional public testimony regarding that particular 10 I substitute, that might be a good thing procedurally. 11 12 MAYOR PORTER: Okay, thank you. Is there 12 13 anyone else from the general public who would like to be 13 14 heard at this time? We have everyone trained now, see. ' 14 15 Thank you. ": 15 16 MR. TARBOX: My name is Ken Tarbox, and my i 16 17 address, physical address is 33270 Community College Drive, ! 17 18 Soldotna 118 19 And I'm not here today to take a position on { 19 20 this one way other the other, that's for the citizens of 20 21 Kenai to decide and you to decide. But I do think that I E 21 22 can provide some additional information to you, having been 23 a biologist on this river for over 20 years now. 1 23 24 Back in 1991 when the Department first 1 24 25 looked at the issue, Department of Fish & Game first looked i 25 Page I I at this issue, actually I think they were a little shocked to see what they found out there. By sampling the livers in seulpins, which is small fish that lives in the bottom of the river, which you think would be away from hydrocarbon pollution, they found elevated enzymes associated with hydrocarbon pollution, and that was kind of a red flag. The report that I've referenced, and I've outlined it there in the first page, is from Leichfield & Kyle (ph), it was published in 1992. And in answer to your question, Mr. Ross, the Department dropped the ball. Actually that was a flag that should have been pursued, but typical of agencies things get lost in the shuffle and the budget and priority process. One thing they did point out, though, was that elevated levels, enzyme levels were associated with motorized boat activity, and you'll see it right there in the report. The next three pages in the handout I gave you are actually from DEC's experts, toxicology experts. And there has been some discussion about 10 parts per billion, what's the effect on fish. And in their tri-annual review, they have actually, these five toxicologists, Ph.D. toxicologists, developed a 200 page report, it's on the web page, and I've extracted this. And the thing that caught my eye was even a, low levels of 1 part per billion, they were seeing sublethal effects on rainbow trout, which is an important species on a river, but even more importantly rainbow trout are in the same genus as salmon. So at I part per billion -- the standard is 10 parts per billion -- they were seeing sublethal effects. They were seeing deformed skeletons at 1 part per billion and some other impacts. On fish embryos they were seeing poor hatching success. So we're talking about a real risk here in terms of the resources of this river. I also took out the executive summary, which is page 4 of your handout, and even at lower levels, at A parts per billion there is adverse effects on herring. Now one of the reasons -- this was with Alaska North Slope crude, so it's different than the gas we're putting in the river, but the bottom line in these toxicologists' report was maybe the standard is too high. So there was no discussion of raising the standard and making it higher; there was a discussion of lowering it. And I just want to put that into your risk analysis decision making. When I read your ordinance, the first thing that jumped out at me was that there was a number of statements in the "whereases" that were just not supp 4 (Pages 10 to 13) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 by the data; in fact, they were just wrong. And I don't 1 2 know why that is, but one thing, when you're looking at 2 3 scientific data, it's easy to draw some wrong conclusions 3 4 if you don't fully understand the process. And one of the 4 5 things that kept coming out was, well, it only violated in 5 6 the river for a couple days or a few hours. 6 7 Well, if you just make that statement, f 7 8 that's true, but if you look at the history of sampling, in i 8 9 2006 only four days were actually sampled in the river and 9 10 it violated on two of those days. And you can ask Robert 10 11 later, but estimates have been made that probably over half 11 12 the days, or at least half the days out in the river in the 12 13 month of July, are violating the standard. } 13 14 The other thing is the sampling was done 14 15 down where mixing was occurring well below where the 15 16 fishery was taking place. If one was to go up and actually t 16 17 sample in the fishery, these levels would probably be much i 17 18 higher. > 18 19 The studies were not designed to look at how i 19 20 many days we're sampling or what areas the river had the 20 21 highest concentration, because the criteria the EPA uses, 21 22 if you violate once in three years you've violated the 22 23 standard. Now DEC doesn't go along with that criteria, but 123 24 once you violate you violate. 24 25 And so I've written some comments on your 25 Pace 14 ''.. 1 "whereases" on this ordinance so you can see where I think ! 1 2 you're wrong in terms of the conclusions that were drawn 2 3 there. 3 4 If you pass by my comments, because I only 4 5 have a few minutes here, there is actually a summary table k 5 6 of all the days that were violated, and this came from the t 6 7 Watershed Forum from 1991 all the way through 2006, and 7 8 places where violations occurred. And you'll see river s 8 9 mile 1.5 violates pretty consistently. And with the 9 10 growing dipnet boat fishery, personal use fishery, which is 10 11 unregulated with motor size and a Bowing fishery, you'll 111 12 see that on at least one day in 2006 it looks like over 12 13 half the hydrocarbon pollution came from that fishery. 13 14 That fishery is not regulated by DNR. It; 14 15 has nothing to do with the motor restrictions that are 115 16 coming out in your proposed regulations. So there is a = 16 17 whole component of the fishery there that is not under any ! 17 18 regulatory authority right now in this issue. 18 19 MAYOR PORTER: And Mr. Tarbox -- 19 20 MR. TARBOX: I'm going to end it right now. 20 21 The last thing that I have to say is I did attach a United 21 22 Cook Inlet Drift Association has supported the impairment, ? 22 23 so has the Kenai Area Fishermen's Coalition. And my { 23 24 comments to DEC are attached just for information for you. 24 25 MAYOR PORTER: You might want to stay there ' 25 Page 15 just one moment. Is there any comments, any questions for Mr. Tarbox? Councilman Ross. MR. ROSS: I hope you stay, because I think Councilman Moore's proposed substitute is one I'd like you to look at and comment on since you've got into the other "whereases". But are you familiar with this document that I referred to earlier? MR. TARBOX: The classifications? Not as specific as Robert is, just generally. MR. ROSS: Where it talks about Category III, waterbodies at risk and waterbodies needing recovery are addressed in the action phase by: Prioritizing individual waterbodies for action; identifying and implementing protection or recovery actions; evaluating the success of protection and recovery actions and directing waterbody for additional information. It sounds to me like -- and I'm reading from page 13 of that document, the last paragraph again refers to nearly all Category III waters are shown here in this integrated report. It sounds to me like, under Category III, we have the tools or the potential to address this situation. MR. TARBOX: Well, I think that we were Category III when the issue was first identified. Right now, with the six years of consistently violating the Page 16 criteria, with estimates of over half the days in July violating, I don't think we're any longer at a Category III. We're a Category V. This is an objective criteria, it's not subjective. So once you violate, you're violating. And we violated consistently, and there has been no action taken. And I third( what the interest of Kenai, and I hate to speak to the interest of Kenai, but I watched the City of Kenai come to the Board of Fish and ask for things, and you're subservient to them when you do that. You're asking for them to be the regulatory body. I think what a Category V does for the City of Kenai is it makes you equal stakeholders in the DEC process. It gives you equal voice with the Board of Fish, and DNR, and ADF&G at the table. Right now if you stay at a Category III, the agencies who will decide the future for you will be DNR, ADF&G, and the Board of Fish. MAYOR PORTER: Councilman Ross. MR, ROSS: What would be the differences in the processes the agencies take between a Category III and a Category V on a problem they have already identified? MR. TARBOX: I think you should ask DEC on that one, because I'm not that familiar with it. MR. ROSS: Thank you. Page 17 5 (Pages 14 to 17) PENINSULA REPORTING 9071283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 I MAYOR PORTER: Thank you. Okay, you might I The effort of DEC, we're committed to 2 want to stay available here. Any other comments from the 2 working with any and all the groups that are associatr 3 general public? Mr. Morse. 3 with the Kenai River to try to come up with resolutic. 4 MR. MORSE: Mayor Porter, Council members, 4 resolve lowering the hydrocarbons. And I know we've 5 citizenry, my name is Aaron Morse, I live at 36630 Virginia i 5 briefed it at the Kenai Watershed -- or KRSMA board 6 Drive. 6 meeting. I know the data has been briefed there several 7 There is three levels of which I come to you 7 times in the past, especially back in 2003 when the study 8 as an individual tonight. One is I'm an educated chemist; 8 was done, and subsequent years after that for the other 9 two, I've worked over 35 years in heavy industrial water 9 surveys that were done. So I -- the issue has been around 's 10 treatment which deals highly with industrial contaminants; 10 and at cetera, so I guess we've been trying to communicate . 11 third, my well is within 40 feet of the Kenai River, I'm at 1 11 with it, and that's all I have to say. If you have any 12 mile 19. ; 12 questions. 13 The language -- and first let me say the €: 13 MAYOR PORTER: Are there any questions for 14 current resolution that's here to oppose the river being; 14 Mr. Rypkema? Councilman Ross? 15 impaired is -- I'm highly opposed to. The river is 15 MR. ROSS: Yeah, I do. I don't suppose -- 16 polluted at these points in time. The fact of the matter 16 to me the issue isn't a matter of the word impairment. The 17 is, if this was Tesoro, if it was Agrium, if it was 17 way I read it, Category III is an impairment, or a 18 ConocoPhillips, they would be shut down. They could not 18 suspected impairment. 19 discharge. ,l 19 MR. RYPKEMA: A lot of our waters are 20 The things that we're using here they are j 20 probably in that category. We're still gathering data, at 21 calling aromatic hydrocarbons, that's not perfume. 21 cetera. The Kenai River was gathering data for that for 22 Perfumes are aromatic. These are poisons. They are toxic 22 some time now, and it was -- 23 to fish, they are toxic to people. It potentially pollutes 1 23 MR. ROSS: When it was put into Category III 24 my well and contaminates my grandchildren. ; 24 an impairment was identified, or a potential for 25 So I would strongly suggest that you take a 25 impairment, going back to 1991, is that correct, on Page 18 Pay I position to correct the situation while you can. Listing I hydrocarbons? 2 the river as impaired is a step in correction. As far as ± 2 MR. RYPKEMA: I believe so, sir. I've only 3 pollution, this is only the first really level of I 3 been with the Department for about six months, so bear with 4 pollution, the fact that the hydrocarbon is right there in ( 4 me for my history of corporate knowledge. 5 your face. '.. 5 MAYOR PORTER: It's a learning curve. 6 The next level is there is a huge amount of 6 MR. ROSS: I'm trying not to be unfair. 7 sediment in the river that's filling up the lower river, 1 7 What steps -- to your Imowledge, what steps have been taken 8 that comes off of the bluff that I live on, by the way, and ` 8 to address hydrocarbons while we were in a Category III 9 primarily from the erosion of high water and excessive E 9 impairment? What steps has DEC or any of the agencies 10 motorboat traffic. And the next pollution level is sound. 1 10 taken? 11 I don't know if anybody has been out there on the river i l I MR. RYPKEMA: To answer that, I know that 12 when it's rip roaring fishing time, but it's incredible. 12 it's been briefed at previous watershed forams. Other than 13 Thank you very much. ; 13 that, sir, I know it's been -- I've heard -- I don't have 14 MAYOR PORTER: Any questions of Mr. -- are 14 record of it or anything like that, but I'm of the 15 there any questions? Seeing none, thank you very much for 15 understanding that it was briefed here at the city before 16 your comment. i 16 in the past. 17 MR. MORSE: Ulrhuh. 17 MR. ROSS: I've spent a'few years on the 18 MR. RYPKEMA: Good evening, I'm Sim Rypkema 18 KRSMA board representing the city, and I don't recall at 19 from the Department of Environmental Conservation Division 19 any time people saying, you have an impairment there that 20 of Water. I know you guys have the issue here and you've 20 will lead to a Category V if you don't address this, and 21 kind of asked some questions here from DEC. } 21 people, let's start talking at the assemblies and the 22 We are currently right now doing the public 22 council meetings about some options here, whether they be 23 process for the integrated report, and we encourage 23 reducing the amount of idling time of engines, changing out 24 comments and et cetera about the integrated report. Again, ' 24 engines, things like this. Did I miss something, or did we 25 please be sure to comment on that. 25 do nothing all these years we've been a Category III? Page 19 Pag. . �4 6 (Pages 18 to 21) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 MR. RYPKEMA: I can't answer that well I I parties together. 2 enough for you, sir. I know that the KRSMA board is { 2 MAYOR PORTER: And I think that would also 3 working on coming up with options and coming up with a t 3 help all the groups, the user groups, you know, get 4 special board to look at that situation. 4 together and discuss it with us, too, because it's very 5 MAYOR PORTER: Thank you very much. We have I, 5 important that we take the right action, the city, because 6 another question.', 6 it does affect us so much, and that's just my comment. 7 MR. ROSS: I'll give you another six months € 7 Councilman Eldridge. 8 to find the answer. 8 MR. ELDRIDGE: Yeah, just a couple comments. 9 MAYOR PORTER: We have another question. 9 I do know that there were a few steps taken to try to get 10 Councilman Molloy. 10 rid of some of the two cycle engines and upgrade them to I 1 MR. MOLLOY: Thank you, Mayor Porter. I I four cycle engines, and there was some stipends available 12 wanted to follow up on one of Mr. Ruffner's comments. 12 to help people do that. 13 Because you indicated that DEC is here, and it has to do 13 What I'm concerned about is the most recent 14 with the DEC and EPA thing, and he was indicating that 14 thing that I received today in the mail, DNR, is that their 15 there was a risk that EPA might step in, and I was j 15 solution now is to upgrade all the engines to 50 16 wondering if you could give us a little information on 16 horsepower, four cycle, four stroke engines, and this 17 that. Would that leave us in a situation like maybe a Fish '',. 17 somehow is going to eliminate some of the pollution problem 18 & Game type situation that federal took over because the 18 and supposedly reduce the wake action along the banks of 19 state wasn't doing what they were supposed to do with fish S 19 the river. So that's DNR's solution to the problem, it's 20 and game. Is it anything like that? i 20 just out on the street today. 21 MR. RYPKEMA: EPA has the final authority on 21 MAYOR PORTER: Councilman Moore. 22 approving the list of Category V. I know that there is the l 22 MR. MOORE: Thank you, Mayor Porter. Just a 23 prevalence of data out there for it. EPA is most likely ' 23 couple perspective questions for you. If the Kenai River 24 going to. Other than that, I can't speculate for the 24 is designated impaired, what does it take for that body of 25 other — i 25 water to become unimpaired? I've heard several different Page 22 [ Page 24 1 MR. MOLLOY: Sure. But I guess my question 1 2 is what happens to the process then? If EPA did that, does 12 3 that take DEC and our local state out of the driver's seat 3 4 of coming up with the solution? Does the federal agency j 4 5 come in and take over then, or how does that work? 5 6 MR. RYPKEMA: Specifically, sir, I would 6 7 assume that the EPA would take more of a driver's seat in i 7 8 that. 8 9 MR, MOLLOY: Thank you. 9 10 MR. RYPKEMA: But I would -- 10 1 I MAYOR PORTER: Just a comment from myself. 11 12 As I'm sitting here thinking to myself, this would make a b 12 13 heck of a work session with all of the parties involved. # 13 14 And the Kenai River (blank spot in tape) Kenai, it really f 14 15 is. 'f:15 16 MR. RYPKEMA: No, no, absolutely. 16 17 MAYOR PORTER: It's the reason we're here, 17 18 basically, and it's our heritage and everything. So 1 18 19 think in the Picture, since you're new, too, when these kind 19 20 of issues come, it would be grateful to the City of Kenai 20 21 if a work session was held so that we would have more than 21 22 just until December the 1st to make some type of public 22 23 comment so we could sit around the table and actually : 23 24 discuss this as the only topic that we're dealing with. 124 25 MR. RYPKEMA: We believe in getting all the 25 Page 23 versions or theories on how it gets off, and what is the process for getting off that list? MR. RYPKEMA: Let's see, I have it at the bottom of my stack of papers. There is roughly about six elements for it to go back to like a IV-B listing, or even — what you're going to end up having to do, a work plan is going to have to be established to somehow or another reduce the hydrocarbon levels. Now that's going to take probably a realm of different -- it's going to take a realm of different folks to sit down and work together as to make a cooperative plan for that. Once that plan is in place in the center, then monitoring would have to occur. And then along with that, once that monitoring has shown that it is on a road to recovery on that, then it can be removed from that. I 'I mean, it's going to have to -- a recovery plan would have to be established that would be able to be monitored and show that it is reducing. MR. MOORE: Just a follow-up question. MAYOR PORTER: Yes, Councilman Moore. MR. MOORE: Is there any limitation to how many bodies of water per year you can release from your statewide list? Is there any limitation on how many bodies of water you can release per year? MR. RYPKEMA: Release as in? li Page 25 7 (Pages 22 to 25) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 MR. MOORE: I've been told that you're 1 2 limited — the DEC, when you have Category V bodies of 2 3 water, you're limited to how many you can release from that 3 4 designation per year. 4 5 MR. RYPKEMA: Not to my knowledge, sir, no. ';. 5 6 MR. MOORE: I see other people ', 6 7 (indiscernible). 7 8 MR. RYPKEMA: Are you looking at TMDLs, is 8 9 that what you're looking for? ?. 9 10 MR. MOORE: I'm not sure. It was a story 10 11 that I heard that you've got so many bodies of water that ; i l 12 are Category V impaired now, and if the Kenai River goes on `= 12 13 that list it will get in line. It could be 25 years before f 13 14 it's released, regardless of the plan or things that— 14 15 MR. RYPKEMA: I think what you're referring 15 16 to is possibly the development of a TMDL. Sometimes the i 16 17 creation of a TMDL and at cetera on that, we have it 17 18 scheduled out for 2011, but before we would issue a TMDL 18 19 for it, the idea is that we would like to work on a 3 19 20 restoration plan and have that implemented before a TMDL 20 21 would be established. 21 22 MR. MOORE: You're kind of speaking over my !".. 322 23 head. Just make it simple. How many bodies of water last i 23 24 year did you release from being impaired? 24 25 MR. RYPKEMA: I think it's in the integrated j 25 Paee 26 1 report. 1 2 MR. MOORE: I think I saw that. I didn't 2 3 pick up on that. 13 4 MR. RYPKEMA: There is no set water. € 4 5 MR. MOORE: How many bodies of water in the 1 5 6 state are Category V? i 6 7 MR. RYPKEMA: I don't have a figure at my 7 8 fingertips, sir. °,! 8 9 MR. MOORE: Thanks. 9 10 MAYOR PORTER: Councilman Ross. 10 11 MR. ROSS: You can thank Mr. Tarbox for the i 11 12 line I'm going to go on now, because he kicked the ball to f 12 13 you anyway. 13 14 But you do have tools or resources available 's 14 15 under Category III. Under Category III you're sitting 15 16 there and you're looking at some things that you can do S 16 17 once you've identified a problem in order not to get it to 17 18 Category V. In fact, going to Category V, and maybe I'm a 18 19 reading we much into the language, says for non -attainment 19 20 of meeting standards, which would seem to imply that you 20 21 have done something. Aren't there tools available under 21 22 Category III to address this problem? 22 23 MR. RYPKEMA: My understanding is is it's 23 24 been -- for whatever reason, the history has shown that it 'id. 24 25 hasn't moved, and whether the various agencies have or have - 25 Page 27 not worked with that, I don't know those right now. MR. ROSS: And here is where I'm having a;' real difficulty. We want to go to Category V to force agencies to work together is kind of what I've heard, yet that throws out a sign that says this river is -- might as well have an open septic tank running in it, the sewer treatment plant dumping raw in it, because that's what the message is at Category V. Category III is impaired. Category III presumes that you're going to do some things if you've identified a problem, but we're in a situation where we have a short time to comment on going to the most impaired status, and all I've heard from the testimony is because the agencies won't work together unless you tell us that, boy, this is really bad and not just bad at III. Havel missed the point? MR. RYPKEMA: Sir, I believe the agencies have been trying to work out a plan with the various user groups. MR. ROSS: Under the Category III? MR. RYPKEMA: Under the Category III, MR. ROSS: I don't recall anything -- MR. RYPKEMA: Sir, I don't know the details. MAYOR PORTER: Okay, thank you. Mr. Koch would like to ask a question. pan... _. MR. RYPKEMA: The one thing is if you ha — comments, please issue them to the integrated report point of contact. MR. KOCH: Jim, I appreciate you've been there six months. I've been here since March and in sort of the same deal, and I got the same reactions from the KRSMA board on Saturday when I told them that. DNR has put forth proposed regulations that would increase the horsepower limit to 50 and all of the motors would have to be four strokes or direct injection two strokes. It's my understanding that that identification would at least comply with the 2006 EPA emission standards for outboard motors, is that right, Robert? So in its proposed form, is that not a work plan, or is that not a work plan that the Department of Environmental Conservation would accept? MR. RYPKEMA: How do I want to say this? Right now we're open for any and all options for that, for a plan. Right now that would be part of the comment period, put into the comment period for the integrated report, sir. MAYOR PORTER: Thank you. MR. KOCH: It really does sound like the agencies won't work together. Now it has to be -- 8 (Pages 26 to 29) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 MR. RYPKEMA: I'm not trying to point the =; 1 2 ball to the integrated report, but truly the plan would 2 3 have to come up into the integrated report as that goes. 3 4 Whether the proposal to go to the 50 horsepower, et cetera, 4 5 we don't have sufficient data at hand to say whether it's j 5 6 going to be totally better for non-polluting the water or 6 7 not at this point. 7 8 MR. KOCH: Has DEC worked with DNR at all to 8 9 have those kinds of discussions with them? ? 9 10 MR. RYPKEMA: In my short period of time, 10 11 sir, yes, I have met with DNR, yes. d 11 12 MAYOR PORTER: Councilman Molloy. = 12 13 MR. MOLLOY: Just a question on ' 13 14 clarification and follow-up to Mr. Koch's continent. I've i 14 15 read a lot to paper like everybody else on this issue, and 15 16 I may be confused. But it was my understanding that the t 16 17 proposed regulation on the 50 horsepower didn't cover the �' 17 18 lower five miles of the river. So they would be exempt 18 19 from that? In other words, if that's passed, it wouldn't 19 20 affect the lower part -- the lower five miles, is that ? 20 21 right? ; i 21 22 MR. RYPKEMA: For the 50 horsepower limit? j 22 23 MR. MOLLOY: Yes. 23 24 MR. RYPKEMA: Sony, I can't really speak to 24 25 the 50 horsepower limit, that's really DNR. The i 25 PaQe30l, I information I'm bringing about the integrated report and [ 1 2 the current move to go to the 50 horsepower were totally !: 2 3 separate events, we did not handle those. 13 4 MR. MOLLOY: Thank you. 4 5 MAYOR PORTER: Thank you. At this time if 5 6 it's okay I'd like to get other public comment. Councilman 6 7 Swarner. 7 8 MS. SWARNER: I guess I have a question for 8 9 the gentleman from DEC. Are you based here on the j 9 10 Peninsula? '. 10 11 MR. RYPKEMA: No, ma'am, I'm stationed in# 11 12 Anchorage. I'm the non -point source program manager, which 12 13 covers the entire state. 13 14 MS. SWARNER: I'm sorry they are feeding you 14 15 to the wolves. f 15 16 MR. RYPKEMA: Thank you. 16 17 MAYOR PORTER: Councilman Boyle. 17 18 MR. BOYLE: Thank you. Actually, as I'm 18 19 listening I'm thinking we were asked today, we were given 19 20 this resolution. And this resolution in a form, or in a 20 21 sense, is asking the City Council to make a statement. My 1 21 22 interpretation, and another's can be different, my 22 23 interpretation is that the statement we're being asked to t 23 24 make is that the river is not impaired. E 24 25 So I personally don't believe that I'm an j 25 Page 31 ^^ expert enough to make that decision, and maybe others on the Council are, but I think that's one of those things where we take advice from people, others more experienced than us in that area and then we make our decision. But speaking to some other issues, I think that when we look at the river, we depend on that and we depend the good health of that, and if the fish go away, then the fish are gone, which will greatly affect this area. And so with that in mind then I have trouble stating that there is no problem. I'm not going to state -- I'm not being asked to state that there is a problem, I don't think, what I'm being asked to do is state that there is not, me as a councilman, and I do have a problem stating that. I take issue in stating there isn't a problem. So I would like to see us either withdraw this motion, (indiscernible) this motion, and then perhaps as a Council we can come together with the advice of the expertise that are available to us and then make a statement -- MAYOR PORTER: Councilman Boyle. MR. BOYLE: -- more thoughts that can represent the city and its feelings toward how we figure this. MAYOR PORTER: Councilman Boyle, at this time we're having public comment. Could you maybe save Pane 32 that for Council participation, yes. MR. BOYLE: Oh, I didn't realize that. MAYOR PORTER: Okay, thank you. Yes, Mr. -- MR. ROSS: Just a point to clarification, and I don't know if this should have gone to Mr. Ruffner or not. The data that you're reporting for lower river I gather is accumulative? In other words, everything that flows down that river, in fact many, many times it slows down here at the mouth, so that's more of an accumulative effect than what is being created in and of itself in that little area, is that correct? MR. RYPKEMA: Yes. MR. ROSS: Okay. That's the way the sampling -- MR. RYPKEMA: As you got all the different boats on the river, each one of those are contributing. MR. ROSS: So when you're reporting a high number down at the lower end of the river, that number is a result of what all has flowed down from up above, not necessarily what was generated in that area? MR. RYPKEMA: No, I would tend to say it's kind of a mix of both, sir. It's kind of like a flow of stream, and you still have water -- a plug of water, shall we say, going down, a column of water going down. Some t it will mix in the center. 33 9 (Pages 30 to 33) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 l The hydrocarbons, especially out of the 2003 = 1 2 survey, showed that the hydrocarbons were thoughout the 'r 2 3 entire water column, both horizontally and vertically 3 4 throughout the channels of the water. i 4 5 MR. ROSS: What I'm asking, though, is '., 5 6 except during a dipnet period we don't really have that 16 7 much outboard traffic, let's say, down here below the j 7 8 bridge. So the hydrocarbon that you're experiencing, that ( 8 9 (indiscernible) would seem to me to have been all the 9 10 hydrocarbon that's flowed down and accumulated. 110 11 MR. RYPKEMA: Well, the water still has to 11 12 funnel out through the ocean, sir. So it's still all going 12 13 as a whole channel out. 13 14 MR. ROSS: I understand that, but it slows j 14 15 down considerably when it gets here to the mouth. 15 16 MR. RYPKEMA: Right. The concentration is ! 16 l7 down here in the lower portion of the thing, and that is 17 18 the only area that's being impaired in that respect. ; 18 19 MAYOR PORTER: Mr. DeMello. 19 20 MR. DeMELLO: I had a question on the 20 21 difference between Category V and Category III. How much 21 22 more would be done as a Category V, how much more drastic = 22 23 would it be as opposed to as a Category III in trying to i 23 24 work together more, I don't know who could answer this for ` 24 25 me. And as a Category V, about how long would it take to ? 25 Page 34 1 get back to a standpoint of non -impaired and to a good I 2 point? i 2 3 MR. RYPKEMA: Okay, to answer your question, j 3 4 how long it would take. It would require upon what the 4 5 actions are, the various people, the users of the river F 5 6 take to reduce the petroleum hydrocarbons, whatever forms 1 6 7 and methods that are employed to do that. `: 7 8 There is a number of different factions, and 8 9 I don't want to go into the different options of what could 9 10 be played, because that's really what I think is left for a # 10 11 different group of people. I don't mean a different group 11 12 of people, but for all the parties to be involved in coming 112 13 up with a resolution for that. But I believe it could 13 14 happen really quickly or it could take a very long time, it s 14 15 depends on what is chosen as to the options for that. 15 16 Your other question was a difference between ;'. 16 17 III and V? 17 18 MR. DeMELLO: Yeah, how much more can be i 18 19 done as a V that we can't be doing as a III? 19 20 MR. RYPIEMA: The problem is is once you've 20 21 accumulated enough data of reasonable occurrences, it kind 121 22 of lends itself to being categorized as a Category V. We k 22 23 have a history of knowledge of knowing that the elevated 123 24 hydrocarbons are during the month of July from 2000 to 'i 24 25 2006, so there is enough repetition of data that kind of 25 Page 35 lends itself on that But the answer is — the other part I'd like to stress to you is, you know, we're open for the integrated report comments and a center for that, and you, comments are greatly appreciated. MAYOR PORTER: Mr. DeMello is our student representative from the high school. MR. RYPKEMA: Wonderful, that's great. MAYOR PORTER: Thank you. Is there anyone else in the general public that would like to be heard at this time. Thank you. MR, LANDUA: My name is John Landau, I live at 1520 Toyon Way in the city of Kenai. And I'm a chemical '- engineer by training and have also worked on industrial hygiene, so I know a little bit about toxicology. That's not really what I'm going to address here, I want to speak directly to the resolution that -- the draft resolution that you have before you, which is labeled E-9. I also have a 9-a and a 9-b here which are interesting to me. First of all, I want to say that -- I can't say that yet, that's 9-a, sorry about that. I can't agree with the justifications that are set out in the preambles to the existing resolution, which is labeled number 9, 2006-64. I think that the best point I can make is that the table that's laid out in there, in support of the preambles to that resolution really put a spin on the data that don't belong there. I think that when I read through the criteria that ADEC supplies in their document -- I'm just going to call it the document here -- if you'll turn to page 16 and take a look at it you'll see that it says there, persistent contamination is key for their determination. MAYOR PORTER: Excuse me, are you looking at -- when you say page 16, are you looking at the overview and the approach to the criteria? MR. LANDUA: I'm looking at the document titled -- SPEAKER: This is the integrated report. MR. LANDUA: Public notice draft, yeah, the integrated report, thank you very much, integrated report is the nomenclature, page 16, last paragraph. "The term 'persistent' is key to determination if a surface waterbody is impaired." Okay, I think that this has been going on a long time, that's been spoken to already so I won't elaborate on that, since '91. We have 15 or 16 years and I'm sure it was going on before that. The second point that I would like to make 10 (Pages 34 to 37) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 is that the ADEC staff apparently believes the data is 1 2 credible. If you look on page 18, there are several points 'I 2 3 that are made here. First of all, they are talking about . 3 4 the evaluation, they say that, "Credible data and 4 5 information indicates that the waterbody may be impaired." °,'. 5 6 They are putting it in Category V because, in their E 6 7 professional assessment, credible data is available that i 7 8 indicates that. f 8 9 Now, again, I'll refer back to the table and ' 9 10 the staff discussion on the preambles, and I'll just say 10 11 that I think that's a reassessment of the data that doesn't 11 12 belong — doesn't belong, period. It doesn't fit with the 12 13 data that's come up over the last few years. i, 13 14 Also I'd like to point out, there is a 14 15 section that starts out some section 303(d) designated j 15 16 waters. The last sentence in there, "This approach is 16 17 designed to prevent the listing of waterbodies with f 17 18 inconclusive or circumstantial data and/or observations E 18 19 alone." 19 20 So the professionals who look at water '% 20 21 quality believe that this data is persistent, consistent,, 21 22 and credible. So I really want to object to the ; 22 23 "whereases" that would disallow in your resolution or ask i 23 24 ADEC not to list this as an unpaired waterbody. I believe 24 25 the data supports it in spades, and I would like to see a 25 Page 38 I recast of the resolution that allows or agrees with the j 1 2 fact, I think, that its impaired, according to these 12 3 criteria. 3 4 If we do that, then we'll force the agencies ? 4 5 that are involved to go into action. And it's clear for 5 6 the last 16 years that they have not taken any action, for f 6 7 whatever reason. So let's go ahead and let them do it and i 7 8 let's move ahead. That's all I have to say. Thank you 8 9 very much. 9 10 MAYOR PORTER: Are there any questions? 110 1 I Thank you very much for testifying. Is there anyone else i l 12 in the general public who would like to be heard? Come on. 12 13 Hello, Mr. Shadura. 13 14 MR. SHADURA: It's getting late here. Madam 14 15 Mayor, councilmen, my name is Paul Shadura, my address is I15 16 P.O. Box 1632 in Kenai. 't 16 17 I'm here as an individual commercial ! 17 18 fisherman today, semet fisherman. I was at a 18 19 teleconference this afternoon with DEC representative Nancy 19 20 Sonafrank, and trying to ask then some questions on what ( 20 21 the total maximum daily load plan is. 21 22 Our group is in a quandary, and we really do 22 23 feel that the Kenai River is in a situation that does 23 24 require some assistance right now and some cooperation. 24 25 Unfortunately the proposed area by DEC not only 25 Page 39 incorporates the KRSMA area, but also incorporates the City of Kenafs overview, at least in the lands around the mouth of the river. In that particular area we know we have several seafood processors, and there are several seiner fishermen that operate their vessels in and out of that area for loading. There is vessels that are used by the processors to unload drift boats and seiner boats as well. Obviously some of them have very large motors in order to fish out of the mouth of the Kenai and travel up to Salamatof beaches, to the west side of the Inlet, Kalgin Island, and to the north parts of Kalifornsky Beach. So with that we're a tittle reticent about asking for a hammer without knowing the size of that hammer. At these questions that I asked this afternoon at this teleconference I couldn't get a clear answer on that. It was, well, we'll work together, we'll work together. Obviously there is some frustration in that. We definitely would like to sit down with all the user groups and work out a preplan. And personally my view is that a V category is unwarranted at this time. We'll look at a IV-B category as a step that may be more appropriate. I think that the issue is out there. I think-- I don't think that resolution 9-a is out there Pace 40 yet, but I'm a little confused at whether that supports the listing as a Category V, but I do see it supports a congregation of different user groups to get together and speak with this issue, And quite frankly, I hate the piecemeal attitude we have for the Kenai River. We need a all comprehensive plan. It's notjust two strokes. it's not just whether a 50 or 40 or 35 is going to make a difference. We haven't seen the boat wake study, that's still available to us. I sat on the KRSMA board many years trying to see the final results of that and we still haven't seen that. We need to incorporate all this documentation and the users together and all the entitles, the governing bodies, into a comprehensive plan that's going to last for many years so we don't have to feel that we're feared by the federal government coming in and doing some onerous things upon us. So that is definitely my opinion, and I would support anything that the Council -- that the City Council does to facilitate those discussions, and I thank you. MAYOR PORTER: Thank you. Any questions to Mr, Shadura? Thank you very much. Anyone else in the general public that would like to be heard on this? 41 II (Pages 38 to 41) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 MR. ROSS: Mr. Shadura didn't sign in. I the concept of stigma associated with having this 2 MR. BUTLER: Madam Mayor, members of the 2 designation as an impaired waterbody status. I depart fit, 3 Council, my name is Jim Butler. My residential address is 3 many of my fellow fishermen. I don't care about the 4 1711 Kaknu, city of Kenai. 4 stigma, I'm more worried about my kids and how we're go-6 5 It's been interesting. I'm not a technical 5 to treat this river as sediment collects over the years. 6 person when it comes to hydrocarbons. I've had the ? 6 Frankly Cook Inlet is clean, and I'm proud 7 opportunity to work in spills in the past as part of my 7 to say that I fish in Cook Inlet. What's regrettable is is 8 professional walk, but when you get down to parts per i 8 the politics of this north of the bridge/south of the 9 billion, frankly my eyes kind of glaze over. You talk 9 bridge. The city of Kenai has had imposed on it a 10 about the teaspoon in the swimming pool, and if you drink ' 10 tremendous growing fishery that's not subject to the four I I the water how long will it take and all that. 3 1 I stroke conditions that's going to be north of the bridge 12 I guess what I'm more interested in in ! 12 with the 40, 50 horse. 13 commenting on is, is as you consider the resolution before 13 I think that what you need to do is get 14 you and some substitutes, is sort of how we got to where we 14 yourself to the table, and if being impaired gets the City 15 are. Really it has been my sincere pleasure over the last 15 of Kenai to the table where they can jerk the ear of the 16 few years to work with agency people from DNR, from DEC, 16 commissioner of Fish & Game or DNR or DEC, then that's 17 from Fish & Game in different walks, and they are all good 117 where the City of Kenai needs to be. Take the gloves off. 18 folks and they all try to do theirjob, but what I find is IS Forget messing around with this thing for 15 more years 19 when they all come together the system seems to fail, but ' 19 white we can't get agency people to sit down at the table 20 for some reason you kind of run into this Hatfield and 20 and come up with a decision because they have got somebody j 21 McCoy. And as I've observed it, what it seems to be is the 21 who has made big contributions or has political influence 22 external forces that seem to congregate when they get s 22 to drive where this decision goes. 23 together collectively to try to make a decision on behalf 23 Whatever you do tonight, please don't go 24 of the public good. 24 against the impaired status. The data is clear. If you 25 You've got economic pressures, you've got i 25 don't understand the implications of it, that's fine, and I Page 42 ; Pap, "Q 1 political pressures, and regrettably you have personal I applaud the Council for not taking a position that they 4- 2 influences who can actually materially affect where 2 not comfortable with. But please, don't let the City of 3 agencies go when they are trying to make good public 3 Kenai be the only entity in the whole Kenai River debate to -- 4 policy, and I think unfortunately the Kenai River is sort 4 say we're not willing to go on the record to say it's time 5 of the center of that, and the debate we have about this �i 5 to clean up the pollution. Thank you. 6 level of pollution is a big part of that. '', 6 MAYOR PORTER: Thank you. Any questions of !' 7 Everybody knows that the city of Kenai is E 7 Mr. Butler? Whoa, Councilman Ross.. 8 downhill on the river. What's interesting to me is the 8 MR. ROSS: Do you draw distinction between a 9 nature of the pollution we're talking about is gasoline 9 Category III, a IV and a V as far as level of impairment? 10 range organics. The history of the development of the 10 MR. BUTLER: Absolutely. I 1 Kenai River has been the commercial fishery, it's been I 1 MR. ROSS: So in your thinking it has to be 12 diesel based for the most part, We don't have a problem 12 Category V or nothing? 13 with that. What we are is we're the receiver. 13 MR. BUTLER: No. I think Category V is a 14 One of the things I've worked in in the 14 technicality. The data is clear, it's Category V. They 15 past, as many of you know, is I've worked in the oil �. 15 have the data. I've heard some of the technical people 16 pollution world. I can tell you if a company in Cook Inlet 16 tonight They have the level of pollution to get you 17 was known to be distributing 600 gallons of gasoline 17 there. I think the thing that's intriguing me that I've 18 anywhere, forget the fine, they would be looking at f 18 learned the most in the last few months I've looked into 19 handcuffs. The National Pollution Discharge Permit for all = 19 this, is Category V puts the City of Kenai at the table. 20 of Cook Inlet allows, from the best of information I can 20 You don't have to sit back and wait for Fish & Game to 21 collect, about 300 gallons a day in all of Cook Inlet. 24 ' 21 submit a plan and DEC to get together with a meeting and 22 foot tides, sand, all of Cook Inlet, the industry. We're `. 22 check schedules. The City of Kenai gets to say, we now 23 talking 600 gallons on the Kenai River that comes by our = 23 have jurisdiction over what's happening in our part of the 24 doorstep through the month of July on a daily basis. 24 river that we didn't have before because we wan[ to control i 25 One of the concerns I've heard expressed is 25 how many boats go in and pollute the river in the lowe Page 43 Pat 12 (Pages 42 to 45) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ROSS: How do we have any different jurisdiction than we do if we were involved in Category III discussions? MR. BUTLER: The difference is the discussion or the requirement to come up with a plan of attack. The difference is how many people have we all known in Alaska who say, some day I'm going to build a house, and somebody actually gets a blueprint out and builds it? And what we're going to do is be forced to come up with a blueprint to build a house that cleans the river. And as I understand it, is that it — after the years of understanding the level of information about pollution that's going into the river, and let's face it, we know where the pollution is coming from, that they have to come up with a plan to get off the list. If they don't have to come up with a plan to deal with the pollution that's not on the list, they can just continue to do what they are doing. They can put four strokes in north of the bridge, forget about the level of contamination in the lower river, it's not their problem, DNR doesn't talk to DEC about that. It all becomes tied together. So I don't know if I'm answering your question, Councilman Ross, but I think the difference is Page 46 there is a requirement to come up with a written strategy that the players agree on. To think that they are all going to somehow change their stripes and come together after they haven't done it for 15 years seems to me to be, I wouldn't say naive, but I would say -- MR. ROSS: My question was specific as to what is the difference of the input of the City of Kenai at a Category III and a Category V? It seems to me that the city's input is one of giving testimony, whether it's a III or a V. I don't see where we have a different tool available to us. MR. BUTLER: It's my understanding that in light of the fact that the city has probably the largest two stroke engine boat ramp in the whole Kenai River, that the city would be a player about whether or not they decide to say no more boats in the dipnet fishery, because we can meet our goal by getting rid of the dipnet fishery very, easily if everybody north of the bridge has a four stroke engine, and you'd be forced to be at the table. MR. ROSS: Madam Mayor, I don't want to belabor this, but the way I read Category III we could do that, too. MR. BUTLER: Correct. The difference is you're not required to do it. They are not required to do it. They are not required to accommodate the city's Paee 47 --------- -----< __ --.--- 2 plan. It's voluntary, not prescriptive. 3 MAYOR PORTER: Councilman Moore. 4 MR. MOORE: Mayor Porter. Thanks for 5 coming, Jim. Second time or third time I've heard tonight 6 that this Category V designation will get the City of Kenai 7 to the table. And I'm following the same line as 8 Councilman Ross, I don't think we need any designation or 9 any category to get to any table. We control access to the 10 Kenai River on our boat launch. If we want to tomorrow say 11 that there are no outboards to be launched at that launch, 12 that's what will happen, am I wrong? 13 SPEAKER: That would be correct. 14 MR. MOORE: We're ready to come to the 15 table, and I'm disappointed its taken this meeting tonight 16 to hear that we're invited. 17 MR. BUTLER: If I might, Madam Mayor. It's IS the agencies. The City of Kenai and the City of Soldotna 19 and the Borough, I think as local folks, are trying to do 20 the best they can. But ultimately DNR controls what goes 21 on in the park on the river. Ultimately Fish & Game 22 controls the method and means of harvest and what kind of 23 boats can be out there, and ultimately DEC is going to be 24 the one that gives the report that EPA looks at. 25 I'm a big fan of the City of Kenai. I don't Page 48 1 doubt where they are coming from. I think we have to 2 figure out a way to get the agencies to sit down and 3 cooperate. 4 MAYOR PORTER: Councilman Molloy. 5 MR. MOLLOY: Thank you Mayor Porter. So Mr. 6 Butler, if I'm understanding what you're driving at in part 7 would relate to the requirements. Is it your view then 8 that the City would be able to come to the table under the 9 requirements to better look out where the interests -- to 10 balance the interests of our dipnet fishery and our 11 processors with, you know, other interests? 12 MR. BUTLER: Madam Mayor. All users, all 13 users. Because what happens up river will materially 14 affect what accumulates in the City of Kenai s portion of 15 the river. 16 MR. MOLLOY: And if we're not there we run 17 the risk of that being over -- having a better chance of 18 being overlooked? 19 MR, BUTLER: I don't doubt that the City of 20 Kenai will go to the meeting, I'm trying to stress that. 21 It's the agencies who have allowed us to get to the point 22 where we're looking at this impaired status after over a 23 decade of data. And it's unfortunately that the agencies 24 have not found the catalyst to bring us together, and 25 perhaps maybe that's the concept, is we need that catalyst. Page 49 13 (Pages 46 to 49) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 MAYOR PORTER: Thank you. Councilman '. 1 2 Swamer, k: 2 3 MS. SWARNER: Thank you. I guess going 3 4 along with the comments about closing off the boat ramp and }hh 4 5 not letting anyone go on, how are we going to eliminate f 5 6 boats coming from the, you know, down below the bridge that 'u 6 7 were launched somewhere else? We can't control that, can f". 7 8 we? 8 9 MR. BUTLER: Madam Mayor. There was a whole ':` 9 10 host of options. It's like an a la carte menu. And I 10 11 think Representative DeMello asked a good question earlier, ; 11 12 is how fast can you get something done. This problem could 12 13 get fixed overnight, but the political consequences and the { 13 14 economic consequences won't tolerate that to happen. You i 14 15 go to a drift only river and you get rid of all outboards. : 15 16 We recognize that that's not an option. All I'm saying is 16 17 that we look at this sort of a la carte menu. What happens 17 18 up river could materially affect what happens down river. 18 19 Again, the agency people are good. I think 19 20 their leadership had been highjacked and the economic and ' 20 21 political and personal interests have driven that to put us F 21 22 to where we are today. It's a regrettable place, but E 22 23 that's where we are. 23 24 MAYOR PORTER: Thank you Mr. Butler. Any 1 24 25 other continents from the general public? Okay, public i 25 Page 50 1 hearing process is closed, bring it back to Council. j 1 2 Councilman Molloy. ! 2 3 MR. MOLLOY: Thank you, Mayor Porter. I '' 3 4 move to introduce, or adopt substitute E-9-a as offered. ! 4 5 MAYOR PORTER: Okay, Is there a second to 5 6 the substitute for E-9-a? Second for the substitute? 6 7 Seeing no second, dies from a lack of a second. Pleasure fl 7 8 of Council? Councilman Moore. ';'. 8 9 MR. MOORE: Thank you, Mayor Porter. I 9 10 would move Resolution No. 2006-64 substitute B. f 10 I SPEAKER: Second. 11 12 MAYOR PORTER: Been moved and seconded to 12 3 substitute E-9-b. Is there anyone from the general public 13 14 who would like to be heard on substitute E-9-b? Please ; 14 15 come forward. ; 15 16 MR. LANDUA: John Landua again, 1520 Toyon 16 17 Way. I would urge you to not pass E-9-b, and I'll be very 17 IS direct. 18 19 The reason that I don't like it is because 19 20 it, again, sets aside the issue of impaired status for the ` 20 21 waterbody. I think its important to allow that to happen. j 21 22 That's all I have to say about it. 22 23 MAYOR PORTER: Thank you. 23 24 MR. LANDUA: Please don't pass this one. 24 25 MAYOR PORTER: Are there any comments for k 25 Page 51 Mr. Landua? Councilman Ross. MR. ROSS: Just a question. Sir, if this was amended to state "does not support the designad Kenai River as a Category V impaired at this time," leaving levels of impairment below that open, would that change your testimony at all? MR. LANDUA: No, not really. I do agree with the impaired status, and with all due respect to the City Council and staff, I don't think you should go there. I don't think you should get into that. I think it's -- what the agency has done in this case is finally the right thing to do, and I think you should take that to heart and move ahead and get the problem solved using the impaired status as a lever. MAYOR PORTER: Thank you. MR. LANDUA: Thank you very much. MAYOR PORTER: Is there any other public comment regarding the substitute? MR. MORSE: You've heard the -- excuse me, Mayor, Council members, citizenry. Aaron Morse. The river is impaired. Technically the data proves it over and over again. What you need to do is have the backbone to cancel this or amend it and say the river is impaired so that we have the power to pull the groups together and not talk about it any further, but develop an action plan so something happens. Thanks. MAYOR PORTER: Thank you. Do you have any questions here? Councilman Moore. MR. MOORE: Thank you, Mayor Porter. Thank you, Mr. Morse. I just can't help it, but what power does the City of Kenai give anyone by supporting an impaired status? MR. MORSE: What power does it give anyone? MR. MOORE: Yeah. You asked us to declare this river impaired to give you the power to do -- MR. MORSE: You actually begin to pull in the governmental system on it so something has to happen. In other words, there are levers that are pulled into gear, directives, basically, that something has to happen. In other words, there will be change, we won't talk about it anymore, there will be change, and you can sit at the table and you can be part of the change. MR. MOORE: And without our recognition or agreeing that it's impaired, we don't have a seat at the table, we don't get to be part of the plan, we don't get to help fix the river? MR. MORSE: And I guess what I would see it as is you get to acknowledge. In other words, rather than be in denial, you really get to acknowledge that we understand the issue, that we're up front and we want, 14 (Pages 50 to 53) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 1 I/21/2006 1 make a correction. It's a matter of coming out of denial C 1 2 MR. MOORE: No, I'm a long ways from ',; 2 3 understanding the issue. 's 3 4 MR. MORSE: Okay, thank you. I: 4 5 MAYOR PORTER: Thank you very much. Thank EE 5 6 you. ;. 6 7 MR. TARBOX: I actually came back to get my^. 7 8 pen. Ken Tarbox again. I just want to give you an example `; 8 9 when you're struggling with this as to where your authority k 9 10 is. 10 11 DNR has the regulation on the books right t 11 12 now to go to 50 horsepower four stroke engines above the 12 13 bridge, and everybody is saying that's going to solve the f 13 14 fuel problem. That's wrong. And I'll submit this into 14 15 evidence for you, if you excuse my coffee stains. 15 16 This is DEC's own analysis on four stroke ! 16 17 engines. If the whole river goes to four stroke engines as ''. 17 18 opposed to where it is right now, there is actually more { 18 19 fuel that goes into the river than what's presently going 19 20 in the river. You've had no input to that. That means 20 21 that you may, in fact, have higher levels at the Warren 21 22 Ames bridge when you have to deal with this issue i 22 23 unilaterally, because that's what you'll be doing is =`. 23 24 dealing with it unilaterally if you don't have this ? 24 25 impairment status. 25 Page 54 1 So I want you to recognize that, that you 1 2 weren't even at the table when this regulation got pushed ''. 2 3 through. And here is the data that DEC presented at a 3 4 meeting that said actually the fuel levels may increase, 4 5 okay. '.: 5 6 The other thing on the impaired status, what 6 7 it does is it sets some timelines. The director of waters f 7 8 for DEC said that with this impaired status the timeline is �; 8 9 2011. In other words, they have to come up with a recovery 9 10 plan by 2011, otherwise you have to do a total maximum 10 11 daily load analysis, which forces another step of forcing r 11 12 them to take care of this issue. Under a III I don't think 12 13 they have to do that, there is no 2011 deadline. E 13 14 So I just wanted to pass this on and show E 14 15 you that this is complicated. It's far from easy to solve. 'i 15 16 But it could very well have the Board of Fish implement 16 17 regulations on the personal use fishery, it affects your 17 18 use across the dock, it could have DNR acting unilaterally ; 18 19 that totally ignores the Board of Fish process. That's why k 19 20 we're where we're at today, is each agency looked at what 20 21 was their self interest and what their user group and i 21 22 political pressure was putting on them. 22 23 And the classic history of resource 23 24 management is divert and delay if you're a regulator, and 24 25 that's what they have done for 15 years. ( 25 Page 55' MAYOR PORTER: Thank you. Councilman Moore, MR. MOORE: Thank you, Mayor Porter. Thanks, Ken. So take me back to your DNR theory. I understand you're saying that if we went to 50 horse four stroke that hydrocarbon levels could actually increase? MR. TARBOX: That's correct. MR MOORE: Now take me from that point -- the city',s involvement, City says we agree that the river is impaired. How is that going to change what DNR just did? Or take me down the road to how we could change that, MR. TARBOX: Well, hopefully -- what I'm saying is that this regulation would have never made it to this point in the process if we were under an impaired status. I would hope that DEC having control, looking at a total recovery plan for the river, would not allow these unilateral actions. That's what I'm looking for, is to stop the unilateral actions. Because if DNR does something that's counter to the interests of the City, they just do it unilaterally, and that's what I think is happening here. They may, in fact, increase pollution in the upper river which causes you to have even a greater problem. MR. MOORE: Okay, thanks. MR. TARBOX: I'll submit this and send it to you. MAYOR PORTER: Coffee stains and all. Just 56 say they are from the river. Okay, anybody else from the general public who would like to make a comment on the substitute E-9-b? MR. RUFFNER: I didn't leave my pen up here, but I'll sit back up here. Again, Robert Ruffner, executive director of the Kenai Watershed Forum, and thank you for the opportunity to speak again. I too, agree, I think that having been involved in this very closely for ten years, I think the right action to take is to support an impaired status, and let's just get it done. Having said that, I can also appreciate the position of the Kenai Peninsula Fishermen's Association, and I'm not sure what the right or —same thing, the struggle that they have had, and having had much more time than this to talk about it, and the same struggle that I think I see happening with the individual Council members up here. So I'm looking for a solution here. So when I read this, just tabling it would be a good solution, just not making a comment on this would be fine. What's not fine, in my opinion, is the 7th "whereas" in particular, and that's just saying, "no, we don't support impaired." Because that really -- that sends the message, and I Page 57 15 (Pages 54 to 57) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 understand your struggle, Rick, I really do, but it sends I 1 2 the message that, yeah, we've been in Category III for 15 i 2 3 years, it's okay, we'll just stay there. ( 3 4 And I don't think that's the message that 4 5 you -- I don't think that's the message that anyone wants 5 6 to send. I think we've cleared one big hurdle here, and 6 7 for a number of years that hurdle was, "we don't really ' 7 8 have a problem, we don't need to worry about this at all." ',, 8 9 And I think most people have gotten over that, that we 9 10 ought to be doing something. I don't bear anybody anymore 10 I I anywhere saying, "600 gallons a day, that sounds about f 11 12 right." I don't hear that. i; 12 13 So striking the 7th "whereas". And then 13 14 changing factually the 3rd "whereas" is, "DNR is presently 14 15 drafting regulations to require all outboard motors used in 15 16 the Special Management Area," and, again, that's important. 16 17 And so that's a change instead of "tire whole river", its ; 17 18 just "the Special Management Area." 18 19 And the second change to make it factually 19 20 correct is striking the, "to be compliant with EPA 2006 s 20 21 emissions standards," they couldn't quite do that, their 21 22 attorney general came back to them and said we can't use x 22 23 that, and I don't understand the details with that, but ' 23 24 they do have rules in place of "use cleaner motors," I 24 25 guess that's the language that I sat and penciled in, is i 25 Page 58 I that they have a pending regulation to use cleaner motors 1 2 in the Special Management Area. 2 3 But, again, my preference would be let's go 3 4 whole hog on this, send them a clear message, we're 4 5 supporting us coming up with a plan, let's work together to 5 6 get off of an impaired waterbody list before we get to that ? 6 7 2011 TMDL status. 7 8 MAYOR PORTER: Mr. Ruffner, I'd like to ask ; 8 9 you a question. When you say tabling it -- like the alarm t 9 10 went off-- isn't it -- don't we have just until December 10 1 I the I st to submit comments? 11 12 MR. RUFFNER: Correct. If you want to 12 13 submit a comment saying, yeah, thumbs up on the impaired 13 14 waterbody status or thumbs down on it, you do have just ? 14 15 until the Ilth [sic] to make that. 15 16 MAYOR PORTER: The I ith of December? 1 16 17 MR. RUFFNER: Excuse me, the 1st of i 17 18 December, yeah. 18 19 MAYOR PORTER: The 1 st. See, that doesn't i 19 20 give us time to table it. i 20 21 MR. RUFFNER: Well, it does. Because what 21 22 you suggested earlier, if I understood you correctly, was 22 23 we ought to have a work session, this is complicated. And '.; 23 24 I agree, it is. So rather than jumping out there and 24 25 taking on position on something that we really ought to 25 Page 59 have half a day to really wrap our heads around, the tendency is let's jump. But I'm concerned that, you imt' I see people struggling. MAYOR PORTER: What is the possibility o, asking the agencies to delay -- to extend their comment period? MR. RUFFNER: I think you can ask for it. I don't know. MAYOR PORTER: Well, I would think if we would sort of put ourselves in a position to get ourselves at the table, that they might be willing to extend the comment period. Anyway, Councilman Ross. MR. ROSS: And maybe you're going to punt this to DEC, I don't Imow. Pm going to ask you the same question. Would your testimony be the same if this was amended to, say, Category V impaired at this time? MR. RUFFNER: I'm not sure -- you may have to clarify. MR. ROSS: In the last "whereas". "The City of Kenai does not support the designation of the Kenai River as Category V impaired at this time." We're not saying -- there has been nobody on this Council that said tonight this river is not impaired, nobody up here has made that statement. We've acknowledged the testimony of the expertise that there is a problem in the river. MR. RUFFNER: So I guess it's probably inappropriate but I'm going to do it anyhow. MAYOR PORTER: Don't do it. MR. RUFFNER: I straggle with why — is there something else besides this stigma? MR ROSS: I think, and you can correct me and probably will, but Robert, we have a Category III that gives us an opportunity that we haven't taken advantage of to sit down and address the issues and correct the situation. Category V almost takes it out of the local area hands as far as I'm concerned. We end up -- and I participated in these groups where agency people meet in the middle of the day without the public present, because it's not convenient for them to be there, and they sit and devise rules and so forth. Category V to me is almost like if our public safety department walked in here and said, well, for five years we've had this accident history that you weren't aware of, you don't know anything about it, but here tonight I'm asking you to declare a marshal law, and we'll just go solve it for you. This Council would go ballistic. That wouldn't happen. I have no problem that if we end up at Category V six months from now because we can't oth, 16 (Pages 58 to 61) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 ICENAI CITY COUNCIL MEETING 11/21/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 come up with a plan, that's fine. As far as the city's position, I would hope that if we do pass this resolution, we attach to it verbatim all the testimony tonight from the agencies as well as what was said about agency cooperations, and that that go to the commissioner and everybody else, saying, look, we've got a situation here and we want it corrected. And the Council, if we pass this, is really saying, we don't support Category V at this time because you haven't used the tools that were already available to you. And I would hope that would get us into a more cooperative, community, public testimony atmosphere like we're receiving tonight and the options are on the table than what will happen if we make it Category V. And my thinking, correct me if I'm wrong, once we say Category V, now the agencies have got the tools, they can go meet with each other and sit down and figure out what's best for us and best for the river without -- and t realize that these would be public meetings, and I've been involved in them, what the public level of participation is: Select interest groups. And right now if we're sitting here and we're looking down the road six months from now, if we don't have something together in a year, this is going to be a Category V, maybe we can get more of a public process Page 62 in the Category III or IV, and I read IV is almost a step down from a V if you have a plan. So it looks to me like you have a choice, III or V, but I'm not in the field so 1 don't know. MR. RUFFNER: I guess my response would be that I've been in this quasi public domain doing this kind of work for 10 or I 1 years now, and I know you've been doing it a lot longer than that, and I guess I should be encouraged to hear that you would have that kind of optimism. MR. ROSS: (Indiscernible). MR. RUFFNER: No, you've been doing it a lot longer. But I don't have that optimism. I've just seen it happen so many times that one agency or another, it just takes one special interest group to grab a hold of them and take them away. The means and methods that Fish & Game controls, they have got to be at the table. They are still not at the table, even with this threat over it, they are still not at the table. And I just don't see how -- unless they are really faced with something that's coming their way, they are just not going to be there. And that there is a timeline associated with these things, you know, and DEC doesn't have a great track: record. They are trying to do better, but every two years Page 63 1 they are required by the federal Clean Water Act to review 2 these lists and change them. And they did one two years 3 ago, and at that time they didn't really take up the Kenai 4 River, they said, we don't have enough data, we're getting 5 there. 6 Before that I think it was eight years 7 before they actually revisited this list. So they don't -- 8 they are vying to do better because the federal government 9 is encouraging them to take over more responsibilities and 10 do their job better, but they are slow in it. I So I really think that, you know, if we want 12 to address this problem, we shouldn't deny a state agency 13 saying, oh, look, we need to work on this and this is the 14 way we do it. So, I mean, it is a process, we have worked 15 through the process under Category III. We had 16 inconclusive or not enough data, which I think is a primary 17 element of a Category III status, am I correct in that? 18 You seem to agree very closely. 19 MR. ROSS: You're saying we did our work 20 under Category III? 21 MR. RUFFNER: I'm saying that the 22 qualifications under Category III that keep you in that 23 category is that we don't have enough data to know. 24 MR. ROSS: So we talked about it. 25 MR, RUFFNER: We talked about it, and I Page 64 k think we definitely -- and I think both DEC and EPA are 2 looking at this and saying, we can't pass a red face test 3 of saying we have inconclusive or not enough data. It's 4 there. And throwing this back and saying, oh, let's keep 5 this in Category III. Well, that may not be the intention, 6 I know it's not the intention, but status quo is okay, 7 that's the message that I think we would be sending. 8 MAYOR PORTER: Mr. DeMello. 9 MR. DeMELLO: Under a Category V, are the 10 agencies required to work with the City, the local? I k MR. RUFFNER: They are required to come up 12 with this plan. So I'll tell you that it's incumbent on 13 the City to pay attention. 14 And so the other thing that I think is 15 really interesting that I've been discussing with DEC, is 16 DEC doesn't necessarily have to be in the lead. If we want 17 to do it locally here, which would be my recommendation, 18 either working through the KRSMA board, whoever wants to 19 step up and take the lead, somebody else could take the 20 lead and kind of develop the recovery plan. hjust has to 21 pass the muster with DEC and EPA. 22 MAYOR PORTER: Thank you. Councilman 23 Swamer. 24 MS. SWARNER: Thank you. Excuse me, so, 25 Robert, from your experience, what would you say if this — Page 65 17 (Pages 62 to 65) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 if we voted to pass the resolution that said that the river were impaired, how would that affect our processors at the mouth of the river? MR. RUFFNER: That's a good question. It's one that I intended to try to address. I'll try to do this quickly. All the studies that we've done so far, we've spent a lot of money and a lot of time doing these studies to identify where the problem is. The problem is '.. not from the commercial fleet, okay. So the problem is from the in -river Chinook fishery that occurs, by and large, above the Warren Ames bridge in the park. That contributes half or a little bit more than half of the problem. So you inherit half of the problem from something '.. that you really have nothing to do with. That comes down and then enters into the personal use fishery. If the personal use fishery is turned off for whatever reason by Fish & Game, you still have impaired '.. waters that have been handed down to you even though you have no activity in the harbor whatsoever. If the personal use fishery is on and it's going full blast, it almost doubles the load. Your specific question was the processors and the commercial — the delivery of commercial harvest to the docks. We don't see any evidence that any of this -- I Page 66 can't see anybody bringing that up in a plan, that we need to address that. MAYOR PORTER: But there is no guarantee it wouldn't happen? MR. RUFFNER: There is no guarantee it wouldn't happen. MAYOR PORTER: Thank you. Councilman. MS. SWARNER: I guess as a followup, then, you don't see EPA or anyone putting any further restrictions on those processors? MR. RUFFNER: I don't think the data is there to support it. In fact, the data is there to support not doing that. MS. SWARNER: But that doesn't mean that they wouldn't. They might? MR. RUFFNER: Yeah. I think it would be a long shot. I think you'd be in a very good defensible position to keep that from happening. MS. SWARNER: Okay, thank you. MAYOR PORTER: Any other questions of Mr. Ruffner? SPEAKER: I guess my comment would be the setnet fisheries, they run their boats with outboards and they often will bring their product back into the river with outboards, so there certainly is a potential impact, Page 67 1 MR, RUFFNER: There is a potential impact, 2 but they operate very differently. 3 SPEAKER: On fishing days. 4 MR. RUFFNER: On fishing days they operate 5 differently. They are transporting, they are not using 6 their boat as a means of harvest, so they are not in there 7 for hours idling. 8 MAYOR PORTER: Thank you. Okay, is there 9 anyone else from the general public who would like to be 10 heard on this? Yes, come forward. 11 MR. SHADURA: Yeah, Paul Shadum again, and 12 Kenai address. You asked the question of setnetters, I 13 have to stand up here right away since I represent them all 14 in some capacity. But it's not that they are not willing 15 to incorporate some kind of different methodologies in what 16 they do. Obviously if there is considerations to take 17 place, like speed, you know, and use of the time, I'm sure 18 they will be more than willing to do that. They just don't 19 want to get caught in this big hammer that requires a huge 20 expense to their fleets and their operations, which they 21 cannot handle right now, and processors, too, because they 22 have all these skiffs. 23 I just want a clear, simplistic distinction. 24 Category III, you don't have enough information to make a 25 TMDL. Category IV, you have some information, you have 1 some kind of plan that may take place that you don't neL.. _. 2 to have established TMDL. Category V, you establish a 3 TMDL, you're under that gun, and then you start doing the 4 users' apportionment routine, who gets what, how many of 5 those sources are going to be allowed, which ones at what 6 time and when. Much more complicated on the Category V. 7 And I'm not here to say that I'm not into 8 concern about the impairment with the situation, it is 9 impaired, but I surely don't want to get into that complex 10 political situation which I always seem to find myself I I whenever we talk about the Kenai River, I would much 12 rather go to a Category IV, it seems like cooperative 13 nature. Within die Category V structure for loggers, for 14 instance, you're allowed to have some time to devise a plan 15 and to implement it. If you don't implement it, then the 16 hammer falls. That's kind of how I would like to work 17 this. I would like the public to know that there is a big 18 concern, there is a hammer out there, and we need to work 19 together to get to this part where we can reduce the 20 amounts without going into the onerous of who gets what, 21 when, and where. That's my final comment 22 MAYOR PORTER: Thank you. Anyone else from 23 the general public wants to be heard? Okay, Mr. Chay, 24 MR CHAY: Well, I saved you three minutes 25 by not testifying on the first resolution, maybe a long n',__ 18 (Pages 66 to 69) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 I night, I guess. My name is Dan Chay, I live at 37306 1 2 Cetacea, Kenai, just outside of city limits. i 2 3 Ijust had a couple thoughts, a couple 3 4 observations. One, I had a conversation with my younger 4 5 daughter this morning -- this evening she was going off to ` 5 6 a basketball game and I needed to explain to her that I { 6 7 might not there be for the whole game. And by way of doing '[ 7 8 that we had a conversation, and I asked her, would you 8 9 support a resolution by the City Council, the Kenai City 9 10 Council that encouraged everybody to get together and work j 10 11 on this hydrocarbon emissions problem that we're having -- 11 12 pollution problem that we're having in the river. And she 12 13 said, well, it depends on what they were going to do. And { 13 14 I said, well, if it were constructive, would you support 14 15 it And she said, yes. And I said, would you support a " 15 16 resolution that objected to designating the river as an 16 17 impaired body. And she said, well, I guess that depends on a 17 18 what the impact of that would be. And Isaid, well, there 3 18 19 is the question. ! 19 20 And I guess I share with Paul Shadura the k 20 21 concern and the observation, you know, how is it going to 21 22 play out? I know that government is -- all forms of large 122 23 organizations, including government, are vulnerable to ','. 23 24 inertia. It's much easier to say no, it's much easier to 24 25 minimize and deny, and it takes a lot of energy to champion 25 Pace 70 '.. I the resolution of a problem 1 2 One of the benefits of having this 2 3 conversation about Category V impairment is that suddenly j 3 4 you guys, after 15 years of maybe contributing a little bit 4 5 here and there, now are engaged. My concern over the longs 5 6 term is that as a community we're able to engage really 6 7 well and seriously and make sure that we solve the problem. 'E 7 8 Those are my comments. 8 9 MAYOR PORTER: Questions for Mr. Chay? 9 10 Actually, I have a question for you. If the City of Kenai ! 10 I 1 decided to make this a -- recommend that we also consider 11 12 it to be an impaired river, you as a commercial 12 3 fisherman -- I assume you're still a commercial fisherman? 13 14 MR. CHAY: My family commercial Fishes, but i 14 15 I don't, '`„ 15 16 MAYOR PORTER: Right, okay. 16 17 MR. CHAY: Actually I go down there, I was 17 18 down there once last season on a commercial fishing day. 18 19 My children are there regularly. 19 20 MAYOR PORTER: Okay. My question to you is, 'j.. 20 21 by doing that, does that impact the sale of your fish? 21 22 MR. CHAY: Category V? 22 23 MAYOR PORTER: Yeah. 23 24 MR. CHAY: 1 don't know. (Indiscernible) 24 25 said --I said one of the concerns was that it would drive 25 Page 71 away tourism. And she said, I don't think tourists are going to get on the web to find out whether the river is an impaired body and what that means. I kind of don't think so either. If we're able to get together and actually start working constructively on the problem, I don't think we're going to have the economic impact. And based on what I've heard this evening and in my conversations the last couple days, it doesn't seem like it's going to have an hmmediate direct impact on commercial fishermen. But knowing how the process works, I know that's no guarantee. I think we've got a problem, and even if we knew right now that it were the commercial fishermen's problem, we should still acknowledge it and not minimize and deny. And here for the Council among you, you don't have to take a position on that. A simple amendment, you know, would just kind of let that float and let everybody know that you want to be involved in a constructive way. MAYOR PORTER: Thank you. Thank you very much Mr. Chay. Is there anyone else from the general public? Please come forward. MS. LANDUA: Hi, good evening. My name is Glenda Landua, I live at 1520 Toyon Way here in Kenai. Paae 72 At one point in time I've worked for both the Borough and Fish & Game in permitting and environmental review, and I tell you that just because I want to let you know that I understand how complex and high profile the Kenai River is and how very important the decisions around it are. I also know that the political pressure for any decision, every decision that comes down that affects the river is complicated, and you've all been involved in it for many, many years, so I`m not telling you anything new. But I'm just proposing an option in terms of language addition. Instead of basically saying "whereas", I do -- well, just let me say that I do support the impaired listing. But what you might be able to do is qualify what you are supporting and what you understand that to mean. So instead of saying that you support the V, just the Category V listing, say: Whereas, you understand that it allows, or that it requires and prioritizes problem solving, that it allows until 2011 to resolve the water quality issue to show progress, significant progress, and whereas it will involve bringing the state agencies as well as all the stakeholders, including the City of I{enai to the table to work on a work and recovery plan, that you support the DEC's efforts to work on the problem. And that's all I have to say. 73 19 (Pages 70 to 73) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 MAYOR PORTER: Thank you, Ms. Landua. Any l 1 2 questions of Ms. Landua? No, thank you very much. Is ! 2 3 there anyone else from the general public who would like to 3 4 come forward and speak? Seeing none brings us back to 4 5 Council, Councilman Swamer. 5 6 MS. SWARNER: Thank you, Madam Mayor. I 6 7 guess I would like to know if there is anyone in the J 7 8 audience from the Department of Natural Resources and ,i 8 9 Department of Fish & Game representing those agencies'! ? 9 10 MAYOR PORTER: Seeing none, thank you. i 10 11 Comments from Council? Councilman Molloy. i 11 12 MR. MOLLOY: Thank you, Mayor Porter. I 3 12 13 don't support E-9-b as written. The main reason being k 13 14 number 7, the "whereas" clause that Mr. Ruffner pointed 14 15 out. As Council member Ross said, no one here has disputed '= 15 16 that there is problems with the river, and we know that an 16 17 impaired listing is a negative, there is no doubt about i 17 18 that, but it's kind of already out there. = 18 19 And when you're looking at the pros and '; 19 20 cons, you know, for me a definite pro about the -- and why i 20 21 I don't support the resolution is that the impaired listing i 21 22 requires the agencies to come together to work with the 22 23 ADEC in the lead and maybe somebody local, maybe KRSMA if =" 23 24 that works out, to formulate a plan. And think looking 24 25 to the, you know, the preservation of the resource, the ! 25 Paee 74 1 renewability of the resource, as Mr. Butler was pointing 1 2 our, it's important that we do that and it's important that 2 3 we have a seat at the table to make that happen. I guess 3 4 so I can't support it with that in it. 1 4 5 The other question that I have really, or 4 5 6 the issue that I have is with "whereas" number 3 for a 6 7 different reason. I understand what Mr. Ruffner was 7 8 suggesting, that he was talking about (blank spot in tape) 1 8 9 we're supporting, you know, that regulation one way or the'' 9 10 other without having any detailed information on it. And 10 11 by including that in the "whereas', we're really saying 11 12 that we're supporting what they are doing with that 12 13 regulation. So that's my objection to that, too. 13 14 So those are the two reasons I have for the 6 14 15 reasons that I have for not supporting it. I guess I would s 15 16 rather table than pass E-9-b. 116 17 MAYOR PORTER: Thank you. Any other 17 18 comments from Council? Councilman Moore. '' 18 19 MR. MOORE: Thank you, Mayor Porter. I > 19 20 guess I have to ask the question, you know, why — why is ! 20 21 everybody here tonight? Why are all the departments and i 21 22 interested members of the public here tonight? The only 122 23 reason that they are here is because we, as a Council, 23 24 asked for it to be a discussion item on our agenda. It 24 25 wasn't because any department, any agency came to us and 25 Page 75 says, hey, we're trying to figure out if we should go to impaired status or not, what do you guys think I've been getting information in the newspaper and the radio, not from any agency, so that bothers me. But now that we've put it on our agenda there is this urgency for this Council to admit that the Kenai River is impaired, and I find that troublesome as well. It puts me in a position to say that I don't care about the river, which is totally false, you know. Years ago when the Kenai River Special Management Area was formed, the Council fought very hard at that time to leave the lower five miles out of the Special Management Area. We had -- our argument at that time was that we had taken rare of that river for hundreds of years and done a very good job at doing that, and we continue to do that. We were successful in leaving the lower part of the river out of the Special Management Area. We would be remiss not to step up to the plate on this issue and become part of the solution, and I want to be part of the solution. I don't want to be forced into admitting something or saying something about the river that I don't understand. So that being said, I think it's important that we recognize that there is a problem with the Kenai River, Tonight I'm not ready to say it's impaired. Call that trivial, petty, I don't know, but Pm not ready to say it's impaired. I don't believe that if the Council said it's impaired is going to trigger some landslide of cooperation amongst the agencies. In interest of getting a resolution passed that sends a message to the public that the City of Kenai cares about the Kenai River, I would offer an amendment to delete the 7th "whereas" of my resolution. I would also, as part of that amendment, in the 3rd "whereas" eliminate the word "Kenai River" and substitute that with "Special Management Area", and I would delete the words "compliant with the EPA 2006 emission standards "and replace that with "cleaner motors". MAYOR PORTER: Second? Councilman Ross. h IR. ROSS: Madam Mayor, I'd like to split the motions (indiscernible). MAYOR PORTER: Okay, let's take the first one first, the 3rd "whereas". We have an amendment on the floor for the first "whereas". Does everyone understand that? MR. ROSS: (Indiscernible). MAYOR PORTER: Okay. Could you repeat the motion. MR. MOORE: I can do it for you. In the 3rd "whereas" I want to delete the word "Kenai River" and 20 (Pages 74 to 77) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 I substitute it with tire words "Special Management Area". 1 1 2 And maybe that should say "in Special Management Area". ' 2 3 MAYOR PORTER: Okay. 3 4 MR. MOORE: I want to delete the words 4 5 "compliant with EPA 2006 emission standards" and replace '`. 5 6 that with the words "to cleaner motors to reduce the TAH i 6 7 level". 7 8 MAYOR PORTER: Okay, thank you. We have a '.;. 8 9 motion on the -- we have an amendment on the floor. Would ':. 9 10 anyone like to — would anyone else like to make comments 4 10 11 about theamendment? Councilman Ross. 11 12 MR. ROSS: I, on this 3rd "whereas", 12 13 probably fall with Councilman Molloy. I don't see at this 13 14 point why we would include it in our resolution at all. 14 15 MAYOR PORTER: Just a second. Councilman 15 16 Molloy. j 16 17 MR. MOLLOY: I agree. Again, I don't think 17 18 we want to take -- to me it seems like we're taking a 18 19 position supporting that regulation. And, you know, there f 19 20 is going to be people drat oppose it for good reason that 20 21 are our constituents, and I don't think we should be 21 22 endorsing it without a lot more information. 22 23 MAYOR PORTER: Councilman Ross. "' 23 24 MR. ROSS: And I agree with that. And to 24 25 further on it, I don't know -- the testimony Mr. Tarbox ' 25 Page 78 I gave, you know, coming out of that, that may not be a 1 2 cleaner emission motor, the one that they are looking at 2 3 anyway. So I'm just not sure that's an issue that Ion all 3 4 that clear on right now. 4 5 MAYOR PORTER: Councilman Moore.! 5 6 MR. MOORE: Thank you, Madam Mayor. I would -; 6 7 withdraw my motion on the 3rd "whereas". 7 8 MAYOR PORTER: Okay. You withdraw the 8 9 motion on the 3rd "whereas", with the consent of the 9 10 second ''r 10 11 MS. SWARNER: Yes. 4 11 12 MAYOR PORTER: Okay, so this motion is now : 12 13 no longer before us. Councilman Ross. l 13 14 MS. SWARNER: We have one already. r,+ 14 15 MAYOR PORTER: Right, I know. We want to l 15 16 take them separately. l 16 17 MS. SWARNER: Right. j 17 18 MR. MOORE: I would move to delete the 3rd 18 19 "whereas". 19 20 MR. ROSS: I would second that :: 20 21 MAYOR PORTER: Okay. Is there any '', 21 22 discussion on deleting the 3rd "whereas"? Clerk, please i 22 23 call the roll. 23 24 THE CLERK: DeMello? � 24 25 MR. DeMELLO: Yes. ''d 25 Page 79 THE CLERK: Ross? MR. ROSS: Yes. THE CLERK: Molloy? MR. MOLLOY: Yes. THE CLERK: Boyle. MR. BOYLE: Yes, THE CLERK: Porter. MAYOR PORTER: Yes. THE CLERK: Moore. MR. MOORE: Yes. THE CLERK: Swamer. NIS. SWARNER: Yes. THE CLERK: Eldridge, MR. E.LDRIDGE: Yes, MAYOR PORTER: Thank you. Now, Council, we have before us the 7th, the -- MR MOORE: Now the 6th. MAYOR PORTER: Right, thank you. It's now the 6th "whereas". Any discussion on that motion, that motion to amend. Councilman Ross? MR. ROSS: I'd like the hear the motion. Was it to delete? MR. MOORE: The motion was to delete the entire "whereas". No reference to -- MAYOR PORTER: Okay, that's okay. If we Page 80 could hold just one second, Mr. Koch would like to make a comment or two. MR. KOCH: Well, I'll try and be brief because it relates to this. Now I think it's important to understand that we don't have any idea -- I don't think we have any idea what will happen if DEC categorizes the Kenai River as a Category V. We hear that, oh, you'll get a place at the table. But I have — if we can fight our way to the table we'll have a place at the table is sort of my feeling. I mean, just take what's happened in the last week -and -a -half on this issue. And I want to thank Mr. Ruffner for calling me and saying, you know, here is something you better put your ears up and pay attention to this. It would be a good idea maybe if you got a hold of Department of Environmental Conservation and had them come give a presentation to the Council on this issue because it's important. That sort of spawned all of this this evening, and Pm very grateful for him for that. In response to that I called the Department of Environmental Conservation, the entity that's going to bring us all together, and I said, can you come talk to the City Council? No. What do you mean no? Weil, we're already having public hearings, so we're not going to do Page 81 21 (Pages 78 to 81) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 I that, we're not going to come talk to anybody. We're not 1 2 going to go talk to KRSMA, we're not going to come talk to 2 3 DEC. I'm paraphrasing exactly what was said. 3 4 I had to go up the food chain there until I ! 4 5 got to a director, and we did end up with an individual 5 6 from DEC here today who called me late in the day and said t 6 7 that he would come. 7 8 It doesn't speak well for the spirit of 8 9 cooperation that I would feel we would have in the future. 9 10 I think in some measure this has become a much more G 10 1 I critical issue as the fight between the Department of 11 12 Natural Resources and DEC has intensified. I think DEC is > 12 13 adamantly opposed to what DNR is proposing in changing the 13 14 regulations on the river, and DEC has taken, in some ' 14 15 measure, this action. And that doesn't mean -- I don't 15 16 mean to minimize the data that is available showing that i 16 17 there are days of the year that the TAH levels are above 17 18 the water quality standards. 18 19 It's very disappointing that -- and people 19 20 have said this, it's very disappointing that you're looking 20 21 for a big tool in your hammer -- or a big tool in your 121 22 toolbox to deal with the agencies, which is what this seems 22 23 to boil down to to me. The vehicle is TAH levels to try ( 23 24 and find the big enough hammer. I would certainly 24 25 encourage and would hope that, you know, the Governor's 25 Page 82 1 office could be a better hammer than DEC being the hammer. 1 2 I think all of the agencies do have a place in this, along € 2 3 with other groups, especially the Kenai Rivershed Forum. 3 4 So I would -- by not making some statement °'. 4 5 about the impaired status, I think it tacitly gives ! 5 6 approval to the impaired status being placed upon the ? 6 7 waterbody. And I would say if we're convinced that's the 7 8 only way to address the problem, then that's probably the { 8 9 right way to go. I'm not convinced it's the only way to 9 10 address the problem. 10 I 1 It scares me to hear we get a recovery plan 11 12 by the year 2011. That's five years from now to put ) 12 13 together a recovery plan. So the Department of 13 14 Environmental Conservation has the lead in putting together 14 15 a plan for five years. I think Mr. Ruffner, probably in 15 16 the course of the next 20 minutes, could lay out a pretty 16 17 good recovery plan. It probably wouldn't take him to the ; 17 18 year 2011 to be able to do that. And it may not take DEC, I� 18 19 but there is no guarantee that it wouldn't, ? 19 20 So those are — that is my comment and I'm t 20 21 glad that -- I'm extremely pleased that we've had this s 21 22 discussion, this lengthy discussion tonight about this, t 22 23 regardless of which way this -- whatever resolution is 23 24 adopted or not adopted. Because Mr. Ruffner gave me a call 24 25 and kind of got this ratcheted up, it's an issue that 25 Page 83 j needed to be talked about a long time ago with these agencies that apparently are unable to work together. MAYOR PORTER: Thank you. Councilman: MR. ROSS: I would move to amend the amendment restoring the 7th "whereas". But in front of "impaired" put the words "Category V", It would read, "Whereas, the City of Kenai does not support the designation of the Kenai River as Category V impaired at this time, and further work should be completed and other options explored." SPEAKER: I'll second that. MAYOR PORTER: Okay. Motion to amend the amendment, it's been moved and seconded. Is there any discussion on the motion to amend the amendment? Seeing none, clerk please call the role. THE CLERK: DeMello? MR. DeMELLO: Yes. THE CLERK: Ross? MR, ROSS: Yes. THE CLERK: Molloy? MR. MOLLOY: No. THE CLERK: Boyle? MR, BOYLE: No. THE CLERK: Porter? MAYOR PORTER: Yes. n,oP �n THE CLERK: Moore? MR. MOORE: Yes. THE CLERK: Swarner? MS. SWARNER: No. THE CLERK: Eldridge? MR. ELDRIDGE: Yes. THE CLERK: (Indiscernible) yeses and three nos. MAYOR PORTER: Thank you. Council, we now have before us the amendment as amended, We have the resolution as amended, thank you. Is there any more discussion on the resolution? Seeing none, clerk please call the roll, THE CLERK: DeMello? MR. DeMELLO: Yes. THE CLERK: Ross? MR. ROSS: Yes, THE CLERK: Molloy? MR. MOLLOY: No. THE CLERK: Boyle? MR, BOYLE: No. THE CLERK: Porter? MAYOR PORTER: Yes. THE CLERK: Moore? MR. MOORE: Yes. 22 (Pages 82 to 85) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CLERK: Swamer? MS. SWARNER: No. THE CLERK: Eldridge? MR. ELDRIDGE: Yes. THE CLERK: Four yeses, three nos. MAYOR PORTER: Thank you, Council, and thank you everybody. MR. ROSS: Madam Mayor'? MAYOR PORTER: Yes, Councilman Ross. MR. ROSS: I would like to see the copy -- a verbatim of the public testimony attached to this resolution and forwarded to the appropriate agencies as well as the Governor's office. I think that some comments tonight reflecting agencies' cooperation and the need to do something are important to be attached to this. MAYOR PORTER: Would you also like to put in there that we would also like to have the City of Kenai involved in further discussions? MR. ROSS: That would be fine, a cover letter from the mayor. But I think it's very important, we had some good testimony, and I appreciate everybody's testimony tonight. This has not been as easy issue, but I would like to see a copy of that attached as part of this resolution. MAYOR PORTER: Thank you. Any objections Paee 86 from Council? SPEAKER: No. MR, BOYLE: Point of order. Do we still have a motion on the floor? MAYOR PORTER: No. MR. BOYLE: We voted to replace the motion, did we actually vote on the motion? MAYOR PORTER: Yes, we did. (End of requested portion) 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 CERTIFICATE I, LEONARD J. DiPAOLO, Registered Professional Reporter and Notary Public in and for the State of Alaska, do hereby certify: That the tape recording from the City of Kenai was transcribed under my direction by computer transcription; that the foregoing is a true record of the testimony and proceedings taken at that time to the best of my ability; and that I am not a party to nor have I any interest in the outcome of the action herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this day of 2006. 18 19 #1403 20 21 22 23 24 25 LEONARD J. DiPAOLO Notary Public for Alaska My Commission Expires: 2-3-2008 Page 88 23 (Pages 86 to 88) PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING 11/21/2006 Page I Aaron 18:5 52:20 ability 88:8 able 25:17 49:8 71:6 72:5 73:14 83:18 absolutely 23:16 45:10 accept 29:17 access 48:9 accident 61:19 accommodate 47:25 accumulated 34:10 35:21 accumulates 49:14 accumulative 33:7,9 acknowledge 53:23,24 72:14 acknowledged 60:24 Act 64:1 acting 55:18 action 16:12,13 17:6 24:5,18 39:5,6 53:1 57:11 82:15 88:10 actions 16:14,15 35:5 56:16,17 activity 12:17 66,20 Adam 1:18 adamantly 82:13 addition 73:11 additional 11:10,22 16:16 address 3:22 5:l 111:17 11:17 16:21 21:8,20 27:22 36:16 39:15 42:3 61:9 64:12 66:5 67:2 68:12 83:8,10 addressed 16:12 addresses 9:23 ADEC 37:5 38:1,24 74:23 ADF&G 17-15,18 Administration 1:19 admit 76:6 admitting 76:21 adopt 51:4 adopted 83:24,24 advantage 61:8 adverse 13:14 advice 32:3,17 affect 24:6 30:20 32:8 43:2 49:14 50:18 66:2 affixed 88:12 afternoon 39:19 40:16 agencies 5:15,17 8:19,20 8:21 9:13 12:13 17:17 17:21 21:9 27:25 28:4 28:14,17 29:25 39:4 43:3 48:18 49:2,21,23 60:5 62-4,16 65:10 73:21 74:9,22 77:4 82:22 83:2 84:2 86:12 86:14 agency 23:4 42:16 44:19 50:19 52:11 55:20 61:13 62:4 63:14 64:12 75:25 76:4 agenda 75:24 76:5 ago 64:3 76:10 84:1 agree 7:9 36:23 47:2 52:7 56:8 57:9 59:24 64:18 78:17,24 agreeing 53:19 agrees 39:1 Agrium 18:17 ahead 39:7,8 52:13 alarm 59:9 Alaska 7 A 13:16 46:8 88:3,17 allow 51:21 56:15 allowed 49:21 69:5,14 allows 39:1 4320 73:18 73:19 amend 52:23 80:20 84:4 84:12,14 amended 52:3 60:16 85:10,11 amendment 72:17 77:7,9 77:18 78:9,11 84:5,13 84:14 85:10 Ames 54:22 66:12 amount 19:6 21:23 amounts 69:20 analysis 13:21 54:16 55:11 Anchorage 31:12 and/or 38:18 another's 31:22 answer 8:16 12:10 21:11 22:1,8 34:24 35:3 36:2 40:17 answering 46:24 anybody 9:24 11:2 19:11 57:1 58:10 67:1 82:1 anymore 53:16 58:10 anyway 27:13 60:12 79:3 apparently 9:2 38:1 84:2 appears 6:13 applaud 45:1 apportionment 69:4 appreciate 3:4 29:4 57:13 86:21 appreciated 36:5 approach 37:12 38:16 appropriate 40:24 86:12 approval 83:6 approve 2:6 approved 5:23 approving 22:22 area 15:23 32:4,9 33:11 33:20 34:18 39:25 40:1 40:4,7 58:16,18 59:2 61:12 76:11,13,17 77:11 78:1,2 areas 14:20 argument 76:13 aromatic 1:8 2:2 4:17 18:21,22 aside 51:20 asked 5:4 19:21 31:19,23 32:11,12 40:15 50:11 53:9 68:12 70:8 75:24 asking 17:10 31:21 34:5 40:13 60:5 61:21 asks 9:19 assemblies 21:21 assessment 38:7 assistance 6:10 39:24 associated 9:25 12:6,16 20:2 44:1 63:23 Association 15:22 57:14 assume 23:7 71:13 atmosphere 62:12 attach 15:21 62:3 attached 7:5 1524 86:11 86:15,23 attack 46:7 attacking 9:9 attaining 6:24 attention 10:9 65:13 81:15 attitude 41:6 attorney 1:20 58:22 audience 74:8 authority 15:18 22:21 54:9 available 18:2 24:11 27:14,21 32:18 38:7 41:10 47:11 62:10 82:16 aware 61:20 B 51:10 back 2:21,22 10:20 11:2 11:24 20:7,25 25:5 35:1 38:9 45:20 51:1 54:7 56:3 57:5 58:22 65:4 67:24 74:4 backbone 52:23 bad 28:15,15 balance 49: 10 ball 12:11 27:12 30:2 ballistic 61:22 banks 24:18 Barry 1:17 based 31:9 43: 12 72:7 basic 4:5 basically 23:18 53:14 73:11 basis 43:24 basketball 70:6 Beach 40:12 beaches 40:11 bear 21:3 behalf 42:23 belabor 9:12 47:21 believe 21:2 23:25 28:17 31:25 35:13 38:21,24 77:2 believes 38:1 belong 37:3 38:12,12 benefits 71:2 best 8:16 10:3 36:25 43:20 48:20 62:18,18 88:8 better 7:21 30:6 49:9,17 63:25 64:8,10 81:14 83:1 big 43:6 44:21 48:25 58:6 68:19 69:17 82:21 92:21,24 bigger 9:2,4,1 1,13 billion 4:21 12:22 13:2,6 13:7,8,14 42:9 biologist 11:23 bit 5:14 1636:15 66:13 71:4 blank 23:14 75:8 blast 66:21 blueprint 46:9,12 bluff 19:8 board 17:9,14,18 20:5 21:18 22:2,4 29:7 41:10 55:16 19 65:18 boat 12:17 15:1041:9 47:14 48:10 50:4 68:6 boats 7:25 33:16 40:8,8 45:25 47:16 48:23 50:6 67:23 bodies 7:20 2522,23 26:2,11,23 27:5 41:15 body 17:11 24:24 70:17 72:3 boil 82:23 books 54:11 Borough 48:19 73:2 bothers 76:5 bottom 12:4 13:17 25:4 Box 39:16 boy 28:15 Boyle 1:17 31:17,18 32:20,21,24 312 80:5 80:6 84:22,23 85:20,21 87:3,6 bridge 34:8 44:9,11 46:21 47:18 50:6 54:13 54:22 66:12 bridge/south 44:8 brief 81:3 briefed 20:5,6 2 L 12,15 bring 49:24 51:1 67:24 81:23 bringing 10:23 31:1 67:1 73:21 brings 74:4 budget 12:14 build 46:8,12 builds 46:10 business 5:17 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite I00 Kenai, Alaska 99611 Butler 42:2,3 45:7,10,13 46:5 47:12,23 48:17 49:6,12,19 50:9,24 75:1 buzzer 5:20 C 2:1 call 11:1 37:6 77:1 79:23 83:24 84:15 85:13 called 9:24,25 81:21 82:6 calling 18:21 81:13 cancel 52:23 cancer -causing 4:18 capacity 68:14 carcinogenic 4:18 care 44:3 55:12 76:8,14 cares 77:7 carte 50:10,17 cartoon 2:14,19,20,22 9:17,20,20,21,22 cartoons 10:7 Cary 1:20 case 52:12 catalyst 49:24,25 categorization 1:9 2:4 categorized 35:22 categorizes 81:7 category 6:16,21.,22,25 7:11,15,18 8:6,8,12,25 9:1,14 16:10,19,20,24% 17:2,3,12,16,21,22 20:17,20,23 21:8,20,25 22:22 26:2,12 27:6,15 27:15,18,18,22 28:3,8 28:9,9,20,21 34:21,21 34:22,23,25 35:22 38:6 40:22,23 41:2 45:9,12 45:13,14,19 46:3 47:8 47:8,21 48:6,9 52:4 58:2 60:16,21 61:7,11 61:17,25 62:9,14,16,25 63:1 64:15,17,20,22,23 65:5,9 68:24,25 69:2,6 69:12,13 71:3,22 73:17 81:8 84:6,8 caught 13:1 68:19 causes 56:21 center 25:12 33:25 36:4 43:5 certainly 67:25 82:24 CERTIFICATE 88:1 certify 88:4 Cetacea 70:2 cetera 19:24 20:10,21 26:17 30:4 chain 82:4 chair 8:4 champion 70:25 chance 49:17 change 7:21 47:3 52:5 53:15,16,17 56:9,10 KENAI CITY COUNCIL MEETING 11/21/2006 Page 2 58:17,19 64:2 changing 21:23 58:14 82:13 channel 34:13 channels 34:4 Chay 69:23,24 70:1 7 L9 71:14,17,22,24 72:22 check 45:22 chemical 36:13 chemicals 4:19 chemist 18:8 children 71:19 Chinook 66:1 1 choice 63:3 chosen 10:2 35:15 circumstantial 38:18 citizenry 18:5 52:20 citizens 11:20 city 1:1,20,20,21 3:8 4:3 6:11 8:3 17:8,12 21:15 21:18 23:20 24:5 31:21 322236:13 40:1 41:20 42:4 43:7 44:9,14, 17 45:2,19,22 47:7,13,15 48:6,18,18,25 49:8,14 49:19 52:9 53:6 56:8 56:18 60:19 65:10,13 70:2,9.9 71:10 73:22 77:6 81:24 84:7 86:17 88:5 city's 47:9,25 56:8 62:1 clarification 30:14 33:4 clarify 60:18 Clarion 5:6 classic 55:23 classifications 16:8 clause 74:14 clean 44:6 45:5 64:1 cleaner 58:24 59:1 77:13 78:6 79:2 cleans 46:12 clear 39:5 40:16 44:24 45:14 59:4 68:23 79:4 cleared 58:6 clerk 1:21 2:13 79:22,24 80:1,3,5,7,9,11,13 84:15,16,18,20,22,24 85:1,3,5,7,12,14,16,18 85:20,22,24 86:1,3,5 closed 51:1 closely 57:10 64:18 closing 50:4 Coalition 15:23 coffee 54:15 56:25 collect 43:21 collectively 42:23 collects 44:5 College 11:17 column 4:19 33:24 34:3 come 2:12,21,22 5:15,18 7:20 8:19 17:9 18:7 20:3 23:5,20 30:3 32:17 38:13 39:12 42:19 44:20 46:6,12,17 46:18 47:1,3 48:1,14 49:8 51:15 55:9 62:1 65:11 68:10 72:23 74:4 74:22 81:17,23 82:1,2 82:7 comes 19:8 42:6 43:23 66:15 73:7 comfortable 45:2 coming 3:21,21 4:13,14 14:5 15:16 22:3,3 23:4 35:1241:1746:1648:5 49:1 50:6 54:1 59:5 63:21 79:1 comment 16:5 19:16,25 23:11,23 24:6 28:12 29:20,21 30:14 31:6 32:25 52:18 57:2,22 59:13 60:5,12 67:22 69:21 81:2 83:20 commenting 42:13 comments 3:5,11 14:25 15:4,24 16:1 18:2 19:24 22:12 24:8 29:2 36:4,5 50:4,25 51:25 59:11 71:8 74:11 75:18 78:10 86:13 commercial39:17 43:11 66:10,24,24 71:12,13 71:14,18 72:10,13 Commission 88:18 commissioner 44:16 62:5 committed 20:1 communicate 20:10 community 8:23 11:17 62:12 71:6 company 43:16 compared 7:23 completed 84:9 complex 69:9 73:4 compliant 58:20 77:12 78:5 complicated 8:18 55:15 59:23 69:6 73:8 comply 29:12 component 15:17 comprehensive 41:7,15 computer 88:6 concentration 14:21 34:16 concept 44:1 49:25 concern 69:8,18 70:21 71:5 concerned 10:2 24:13 60:2 61:12 concerns 43:25 71:25 concluded 3:20 conclusions 14:3 15:2 conditions 44:11 conducted 3:18 4:1 5:2 confused 30:16 41:1 congregate 42:22 congregation 41:3 ConocoPhillips 18:18 cons 74:20 consent 79:9 consequences 50:13,14 Conservation 3:12 19: 19 29:17 81:17,22 83:14 consider 42:13 71:11 considerably 34:15 considerations 68:16 considered 9:4 consistent 6:14 38:21 consistently 7:3 15:9 16:25 17:6 constituents 78:21 constructive 70:14 7220 constructively 72:6 contact 29:3 contained 88: 10 contaminants 18:10 contaminates 18:24 contamination 37:8 46:21 content 3:9 continue 10:22 11:3 46:19 76:15 contractor 5:7 contributes 66:13 contributing 33:16 71:4 contributions 44:21 control 45:24 48:9 50:7 56:14 controls 48:20,22 63:18 convenient 61:15 conversation 70:4,8 71:3 conversations 72:8 convinced 83:7,9 Cook 15:22 43:16,20,21 43:22 44:6,7 cooperate 49:3 cooperation 39:24 77:4 829 86:14 cooperations 62:5 cooperative 25:11 62:12 69:12 copy 86:10,23 corporate 21:4 correct 6:11,17 19:1 20:25 33:11 47:23 48:13 56:6 58:20 59:12 61:6,9 62:15 64:17 corrected 62:7 correction 19:2 54:1 correctly 59:22 council 1:1,14 2:5, l6 11:1,7,9 18:4 21:22 3 L21 32:2,17 33:1 41:20,21 42:3 45:1 51:1,8 52:9,20 57:18 60:22 61:22 62:8 70:9 70:10 72:16 74:5,11,15 75:18,23 76:6,11 77:2 80:15 81:18,24 85:9 86:6 87:1 councilman 2:5 6:4 16:2 16:4 17:19 20:1422:10 24:7,2125:20 27:10 30:12 31:6,17 32:13,20 32:24 45:7 46:25 48:3 48:8 49:4 50:1 51:2,8 52:1 53:3 56:1 60:12 65:22 67:7 74:5,11 75:18 77:14 78:1 1,13 78:15,23 79:5,13 80:20 84:3 86:9 councilmen 39:15 counter 56:18 couple 4:11 14:6 24:8,23 70:3,3 72:9 course 83:16 cover 30:17 86:19 covers 31:13 created 33:10 creation 26:17 credible 38:2,4,7,22 criteria 14:21,23 17:1,3 37:5,12 39:3 critical 82:11 crude 13:16 current 18:14 31:2 currently 19:22 curve 21:5 cycle 24:10,11,16 D 2:1 daily 10:8 39:21 43:24 55:11 Dan 70:1 data 6:1 14:1,3 20:6,20 20:21 22:23 30:5 33:6 35:21,25 37:3 38:1,4,7 38:11,13,18,21,25 44:24 45:14,15 49:23 52:21 55:3 64:4,16,23 65:3 67:11,12 82:16 Date 1:3 daughter 70:5 day 4:24,25 7:22 9:5 15:12 43:21 46:8 58:11 60:1 61:14 71:18 82:6 88:12 days 6:14 14:6,9,10,12 14:12,20 15:6 17:1 68:3,4 72:9 82:17 deadline 55:13 deal 29:6 46:18 54:22 82:22 dealing 10:10 23:24 54:24 deals 18:10 debate 43:5 45:3 DEC 5:2,6 6:6 8:21 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 14:23 15:24 I7:13,23 19:21 20:1 21:9 22: 13 22:14 23:3 26:2 30:8 31:9 39:19,25 42:16 44:16 45:21 46:23 48:23 55:3,8 56:14 60:14 63:24 65:1,15,16 65:21 81:7 82:3,6,12 82:12,14 83:1,18 decade 49:23 December 23:22 59:10 59:16,18 decent 3:24 decide 11:21,21 17:17 47:15 decided 9:11 71:11 decides 5:24 decision 1322 32:1,4 42:23 44:20,22 73:7,7 decisions 73:5 declare 53:9 61:21 DEC's 12:20 54:16 73:24 DEFCON7:16 defensible 67:17 definite 74:20 definitely 10:19,24 40:20 4 L 19 65:1 deformed 13:8 delay 55:24 60:5 delete 77:8,12,25 78:4 79:18 80:22,23 deleting 79:22 delivery 66:24 DeMello 1:18 34:19,20 35:18 36:6 50:11 65:8 65:9 79:24,25 84:16,17 85:14,15 denial 53:24 54:1 deny 64:12 70:25 72:15 depart 44:2 department 3:12 11:24 11:25 12:11 19:19 21:3 29:16 61:18 74:8,9 75:25 81:16,21 82:11 83:13 departments 75:21 depend 32:6,7 depends 35:15 70:13,17 depth 9:8,11 Deputy 1:21 designated 24:24 38:15 designating 70:16 designation 26:4 44:2 48:6,8 52:3 60:20 84:8 designed 4:12 14:19 38:17 detailed 4:11 75:10 details 28:23 58:23 determination 37:9,19 develop 5:11 52:25 65:20 developed 12:24 development 26:16 43:10 KENAI CITY COUNCIL MEETING 11/21/2006 Page 3 devise 61:16 69:14 dies 5 L7 diesel 43:12 difference 3421 35:16 41:9 46:5,7,25 47:7,23 differences 17:20 different 4:7 13:16 24:25 25:9,10 31:22 33:15 35:8,9,11,11 41:3 42:17 46:2 47:10 68:15 75:7 differently 68:2,5 difficult 3:7 difficulty 28:3 DiPaolo 1:25 88:2,17 dipnet 15:10 34:6 47:16 47:17 49:10 direct 29:10 51:18 72:10 directing 16:15 direction 88:6 directives 53: 14 directly 36:17 director 2:25 55:7 57:6 82:5 disallow 38:23 disappointed 3:9 48:15 disappointing 82:19,20 discharge 18:19 43:19 discuss 23:24 24:4 discussing 65:15 discussion 8:2 12:21 13:19,20 38:10 46:6 75:24 79:22 80:19 83:22,22 84:14 85:12 discussions 30:9 41:21 46:4 86:18 disposal 5:10 disputed 74:15 distinction 45:8 68:23 distributing 43:17 divert55:24 Division 19:19 DNR 8:21 15:14 17:15 17:17 24:14 29:8 30:8 30:11,25 42:16 44:16 46:22 48:20 54:1 1 55:18 56:3,9,17 58:14 82:13 DNR's 24:19 dock 55:18 docks 66:25 document 7:4,12 8: It 16:6,tS 37:5,6,13 documentation 41:14 doing 4:5,9 7:7,13,15,16 8:23 19:22 22:19 3 5: 19 4 t :17 46:20 54:23 58:10 63:6,8,12 66:8 67:13 693 70:7 71:21 75:12 76:15 domain 63:6 doorstep 43:24 doubles 66:22 doubt 49:1,19 74:17 downhill 43:8 draft 7:4 36:18 37:16 drafting 58:15 drastic34:22 draw 14:3 45:8 drawn 15:2 drift 15:22 40:8 50:15 drink 42:10 drive 11:17 18:6 44:22 71:25 driven 50:21 driver's 23:3,7 driving 49:6 dropped 12:11 due 52:8 dumping 28:7 E 2:1,1 ear 44:15 earlier 16:7 50:11 59:22 ears 81:15 easier 70:24,24 easily 47:18 easy 14:3 55:15 86:22 economic 42:25 50:14,20 72:7 educated 18:8 effect 12:2233:10 effects 13:3,7,14 effort 4:8 20:1 efforts 1:8 73:24 eight 64:6 either 8:16 32:15 65:18 72:4 elaborate 37:23 Eldridge 1:17 24:7,8 80:13,14 85:5,6 86:3,4 element 64:17 elements 25:5 elevated 12:6,16 35:23 eliminate 4:12 24:17 50:5 77:10 embarrassment 10:10 embryos 13:9 emission 29:13 77:12 78:5 79:2 emissions 58:21 70:11 employed 35:7 encourage 19:23 82:25 encouraged 63:9 70:10 encouraging 64:9 endorsing 78:22 energy 70:25 engage71:6 engaged 71:5 engine 7:22 47:14,19 engineer 36:14 engines 2123,24 24:10 24:11,15,16 54:12,17 54:17 entered 4:3 enters 66:16 entire 3:2 31:13 34:3 80:24 entities 4:2,4 9:4 41:14 entity 9:6 45:3 81:22 environmental 3:12 19:19 29:17 73:2 81:16 81:22 83:14 enzyme 12:16 enzymes 12:6 EPA 5:23,23,25 14:21 22:14,15,21,23 23:2,7 29:12 48:24 58:20 65:1 65:21 67:9 77:12 78:5 equal 17:13,14 equipment 6:11 erosion 19:9 especially 20:7 34:1 83:3 establish 69:2 established 25:7,17 26:21 69:2 estimate 5:7 estimates 14:11 17:1 et 19:24 20:10,20 26:17 30:4 evaluating 16:14 evaluation 38:4 evening 19:18 70:5 72:8 72:24 81:19 events 31:3 everybody 9:10 30:15 43:7 47:18 54:13 62:6 70:10 72:19 75:21 86_7 everybody's 86:21 evidence 4:23 54:15 66:25 exactly 82:3 example 54:8 exceedance 4:23 exceedances 3:19 excessive 19:9 excuse 11:6 37:10 52:19 54:15 59:17 65:24 executive 2:25 13:12 57:6 exempt 30:18 existing 36:24 expense 68:20 experience 8:22 65:25 experienced 32:3 experiencing 34:8 expert 32:1 expertise 32:18 60:25 experts 12:20,20 Expires 89:18 explain 70:6 explored 84:10 expressed 43:25 extend 60:5,11 external 42:22 extracted 12:25 extremely 83:21 eye 13:1 eyes 42:9 E-9 36:19 E-9-a 51:4,6 E-9-b 51:13,14,17 57:3 74:13 75:16 face 19:5 46:15 65:2 faced 63:21 facilitate 41:21 fact3:12 4:14,23 14:1 18:16 19:4 27:18 33:8 39:2 47:13 54:21 56:20 67:12 factions 35:8 factually 58:14,19 fail 42:19 fairly 4:25 fall 5:5 78:13 falls 69:16 false 76:9 familiar 16:6 17:24 family 71:14 fan 48:25 far 19:2 45:9 55:15 61:12 62:1 66:7 fast 50:12 feared 41:17 federal 22:18 23:4 41:17 64:1,8 feeding 31:14 feel 39:23 41:16 82:9 feeling 81:11 feelings 32:22 feet 18:11 fellow 44:3 field 63:3 fight 8 1: 10 82:11 figure 27:7 32:22 49:2 62:18 76:1 filling 19:7 foal 22:21 41:11 69:21 finally 52:12 find 22:8 42:18 69:10 72:2 76:7 82:24 fine 43:18 44:25 57:22 57:23 62:1 86:19 fingertips 27:8 first 3:3 11:24,25 12:9 13:23 16:24 18:13 19:3 36:21 38:3 69:25 77:17 77:18,19 fish 3:25 8:20 11:25 12:4 12:22 13:9 17:9,14,18 18:23 22:17,19 32:7,8 40:10 42:17 44:7,16 45:20 48:21 55:16,19 63:17 6618 71:21 73:2 74:9 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 fisheries 67:23 fisherman 39:18,18 71:13,13 fishermen 40:6 44:3 72:10 fishermen's 15:23 57:14 72:13 fishery 14:16,17 15:10 15:10,11,13,14,17 43:1 1 44:10 47:16,17 49:10 55:17 66:11,16 66:17,21 fishes 71:14 fishing 7:21 19:12 68:3,4 71:18 fit 38:12 five 12:23 30:18,20 61:19 76:12 83:12,15 fix 53:21 fixed 50:13 flag 12:7,12 fleet 66: 10 fleets 68:20 float 72:18 floor 10:22 77:19 78:9 87:4 flow 33:22 flowed 33:19 34: 10 flows 33:8 folks 25:10 42:18 48:19 follow 4:11 22:12 following 48:7 followup 67:8 follow-up 25:19 30:14 food 82:4 foot 43:22 force 28:3 39:4 forced 46:11 47:19 76:20 forces 42:22 55:11 forcing 55:11 foregoing 88:7 forget 2:21,22 43:18 44:18 46:21 form 29:15 31:20 formed 76:11 forms 35:6 70:22 formulate 74:24 forth 29:8 61:16 Forum 2:25 4:2 15:7 57:7 83:3 forums 21:12 forward 2:12 51:15 68:10 72:23 74:4 forwarded 86:12 fought 76:11 found 3:19 4:19 12:2,5 49:24 four 4A8 14:9 24:11,16 24:16 29:10 44:10 46:20 47:18 54:12,16 54:17 56:4 86:5 frankly 41:5 42:9 44:6 j KENAI CITY COUNCIL MEETING 11/21/2006 Page 4 front53:25 84:5 frustration 40:18 fuel 54:14,19 55:4 full 66:21 fully 14:4 funnel 34:12 funny 5:16 further 52:25 67:9 78:25 84:9 86:18 future 3:7 17:17 23:19 82:9 G 2:1 gallons 4:22,24 5:7 43:17 43:21,23 58:11 game 4:1 8:20 11:25 22:18,20 42:17 44:16 45:20 48:21 63:17 66:18 70:6,7 73:2 74:9 gas 3:18,19 7:23 13:16 gasoline 3:17 4:22,24 5:7 43:9,17 gather33:7 gathering 20:20,21 gear 53:13 general 2:11 11:13 18:3 36:10 39:12 41:25 50:25 51:13 57:2 58:22 68:9 69:23 72:22 74:3 generally 16:9 generated 33:20 gentleman 31:9 genus13:5 getting 6:10 23:25 25:2 39:14 47:17 64:4 76:3 77:5 give 22:7,16 53:6,8,10 54:8 59:20 81:17 given 31:19 gives 17:14 48:24 61:8 83:5 giving 47:9 glad 83:21 glaze 42:9 Glenda 72:25 gloves 44:17 go 4:5 14:16,23 25:5 27:1228:3 30:4 3 1:2 32:7 35:9 39:5,7 43:3 44:23 45:4,25 49:20 50:5,15 52:9 54:12 59:3 61:22,22 62:5,17 69:12 71:17 76:1 82:2 82:4 83:9 goal 47:17 goes 4:24 5:17 26:12 30:3 44:22 48:20 54:17 54:19 going 3:11 4:5 7:25 8:5 10:14 15:20 20:25 22:24 24:17 25:6,7,8,9 25:16 27:12,18 28:10 28,12 30:6 32:10 33:24 33:24 34:12 36:16 37:6 37:21,24 41:8,16 44:4 44:1 1 46:8,11,15 47:3 48:23 50:3,5 54:13,19 56:9 60:13,14 61:2 62:24 63:22 66:21 69:5 69:20 70:5,13,21 72:2 72:7,9 77:3 78:20 81:22,25 82:1,2,2 good It: 11 19:18 32:7 35:1 42:17,24 43:3 50:11,19 57:21 66:4 67:17 72:24 76:15 78:20 81:15 83:17 86:21 gotten 58:9 governing 41:15 government 41:17 64:8 70:22,23 governmental 53:12 Governor's 82:25 86:13 grab 63:15 grandchildren 18:24 grateful 23:20 8 L 19 Graves 1:20 11:6,7 great 5:25 36:8 63:24 greater 56:21 greatly 32:8 36:5 group 9:9,9 35:11,11 39:22 55:21 63:15 groups 9:8 20:2 24:3,3 28:19 40:21 41:3 52:24 61:13 62:21 83:3 growing 15:10,11 44:10 guarantee 67:3,5 72:11 83:19 guess 3:3,9 7:10 20:10 23:1 31:8 42:12 50:3 53:22 58:25 61:1 63:5 63:8 67:8,22 70:1,17 70:20 74:7 75:3,15,20 gun 69:3 guys 19:20 71:4 76:2 half 9:5 14:11,12 15: l3 17:1 60:1 66:13,13,14 hammer 40:13,14 68:19 69:16,18 82:21,24 83:1 83:1 hammering 8:9 hand 30:5 88:12 handcuffs 43:19 handed 66:19 handle 3 1:3 68:21 handout2:17 12:19 13:13 hands61:12 happen 35:14 48:12 50:14 51:21 53:12,14 61:23 62:14 63:14 67:4 67:6 75:3 81:7 happened 81:12 happening 5:19 45:23 56:19 57:18 67:18 happens 23:2 49:13 50:17,18 53:1. happy 8:10 harbor 66:20 hard 76:11 harvest 48:22 66:24 %6 hatching 13:10 hate 17:741:5 Hatfield 42:20 head 26:23 headline 5:5 headlines 10:7 heads 60:1 health 32:7 hear 48:16 58:10,12 63:9 80:21 81:9 83:11 heard 2:12 I L 14 21.:13 24:25 26:11 28:4,13 36:10 39:12 41:25 43:25 45:15 48:5 51:14 52:19 68:10 69:23 72:8 hearing 5 L l hearings 81:25 heart 52:13 heavy 18:9 heck 23:13 held 3:1 23:21 Hello 39:13 help 3:8 4:13,20 5:9,10 24:3,12 53:5,21 hereunto 88:11 heritage 23:18 herring 13:14 hey 76: l Hi 72:24 hiatus 3:24 high 13:18 19:9 33:17 36:7 73:4 higher 13:20 14:18 54:21 highest 14:21 highjacked 50:20 highly 18:10,15 history 3:25 14:8 21:4 27:24 35:23 43:10 55:23 61:19 hog 59:4 hold 11:5 63:15 81:1,16 hole 7:22 hope 16:3 56:14 62:2,11 82:25 hopefully 56:11 horizontally 34:3 horse 44:12 56:4 horsepower 24:16 29:9 30:4,17,22,25 31:2 54:12 host 50:10 hours 14:6 68:7 house 46:9,12 huge 19:6 68:19 hundreds 76:14 hurdle 58:6,7 hydrocarbon 1:8 2:2 12:5,6 15:13 19:4 25:8 34:8,10 56:5 70:11 hydrocarbons 3:19 4:8 4:10,17 18:21 20:4 21:1,8 34:1,2 35:6,24 42:6 hygiene 36:15 idea 26:19 81:6,7,16 identification 29:12 identified 7:6,14 8:12 16:24 17:22 20:24 27:17 28:11 identify 66:9 identifying 5:14 16:13 idling 7:22,22 21:23 68:7 ignores 55:19 IH 6:16,21,22,25 7:11,16 8:12 9:1,14 16: l 1,19 16:21,24 17:3,16,21 20:17,23 21:8,25 27:15 27:15,22 28:9,9,15,20 28:21 34:21,23 35:17 35:19 45:9 46:3 47:8,9 47:21 55:12 58:2 61:7 63:1,3 64:15,17,20,22 65:5 68:24 immediate 72:10 impact 67:25 68:1 70:18 71:21 72:7,10 impacts 13:9 impaired 1:9 2:4 5:13 9:24,25 18: t 5 193 24:24 26:12,24 28:9,12 31:24 34:18 37:20 38:5 38:24 39:2 44:2,14,24 49:22 51:20 52:4,8,14 52:21,24 53:6,10,19 55:6,8 56:9,13 57:11 57:24 59:6,13 60:16,21 60:23 66:2,18 69:9 70:17 71:12 72:3 73:13 74:17,2176:2,7,25 77:2,3 83:5,6 84:6,8 impairment 15:22 20:16 20:17,18,24,25 21:9,19 45:9 52:5 54:25 69:8 71:3 implement 55:16 69:15 69:15 implemented 26 .0 implementing 16:14 implications 44:25 imply 27:20 important 6:22 7:1 13:3 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 24:5 51:21 58:16 73:5 75:2,2 76:23 81:5,18 86:15,20 importantly 13:4 imposed 44:9 inappropriate 9:10 61:2 include 9:8 78:14 including 70:23 73:22 75:1 1 inclusive 1:4 inconclusive 38:18 64:16 65:3 incorporate 41:13 68:15 incorporates 40:1,1 increase 29:9 55:4 56:5 56:20 incredible 19:12 incumbent 65:12 independent4:15 5:3,6 indicated 22:13 indicates 38:5,8 indicating 22:14 indiscernible 6:8 26:7 32:16 34:9 63:11 71:24 77:16,21 85:7 individual 16:13 18:8 39:17 57:18 82-5 industrial 18:9,10 36:14 industry 43:22 inertia 70:24 influence 44:21 influences 43:2 information 11:22 15:24 16:16 22:16 31:1 38:5 43:20 46:14 68:24,25 75:10 76:3 78:22 inherit 66:14 injection 29:10 Inlet 15:22 40:11 43:16 43:20,21,22 44:6,7 input 47:7,9 54:20 instance 69:14 integrated 7:4 16:20 19:23,24 26:25 29:2,21 30:2,3 31:1 36:4 37:15 37:17,17 intended 66:5 intensified 82:12 intention 65:5,6 interest 17:7,8 48:1 55:21 62:21 63:15 77:5 88:9 interested 10:19 42:12 75:22 interesting 36:20 42:5 43:8 65:15 interests 49:9,10,1 1 50:21 56:18 interpretation 31:22,23 intractable 10:12 intriguing 45:17 introduce 10:21 51:4 KENAI CITY COUNCIL MEETING 11/21/2006 Page 5 introduced 11:9 invited 48:16 involve 73:21 involved 23:13 35:12 39:5 46:3 57:10 62:20 72:19 73:8 86:18 involvement 56:8 in -river 66: 11 Island 40:12 issue 3:15 4:10 6:15 9:5 9:23 10:3 11:25 12:1 15:18 16:24 19:20 20:9 20:16 26:18 29:2 30:15 32:14 40:24 41:4 51:20 53:25 54:3,22 55:12 73:20 75:6 76:19 79:3 81:13,18 82:11 83:25 86:22 issues 3:2 7:14,24 23:20 32:5 61:9 item 75:24 IV 45:9 63:1,1 68:25 69:12 IV-1325:5 40:23 J 88:2,17 Jenifer 1:21 jerk 44:15 Jim 19:18 29:4 42:3 48:5 job 2:25 6:20 9:13 42:18 64:10 76:15 Joe 1:15 John 36:12 51:16 July 4:19,25 6:14 14:13 17:1 35:2443:24 jump 60:2 jumped 13:24 jumping 59:24 jurisdiction 45:23 463 justifications 36:23 _K___ Kaknu 42:4 Kalgin 40:11 Kalifornsky 40:12 keep 64:22 65:4 67:18 keeps 5:17 Ken 11:16 54:8 56:3 Kenai 1:1,8,92:3,4,25 3:2,8 4:4 8:18 11:21 15:23 17:7,8,9,13 18:11 20:3,5,21 23:14 23:14,20 24:23 26:12 36:13 39:16,23 40:10 41:6 42:4 43:4,7,11,23 44:9,15,17 45:3,3,19 45:22 47:7,14 48:6,10 48: 18,25 49:20 52:4 53:6 57:7,14 60:20,20 64:3 68:12 69:11 70:2 70:9 71:10 7225 73:5 73:22 76:6,10,24 77:6 77:7,10,25 81:7 83:3 84:7,8 86:17 88:5 Kenai's 40:2 49:14 kept 14:5 key 37:8,19 kicked 27:12 kids 44:4 kind 12:7 19:21 23:19 26:22 28:4 33:22,22 35:21,25 42:9,20 48:22 63:6,9 65:20 68:15 69:1,16 72:3,18 74:18 83:25 kinds 7:25 30:9 knew 72:13 know 3:20,21 4:14,21 5:20,24 8:18 9:6 10:9 14:2 19:11,20 20:4,6 21:11,13 22:2,22 24:3 24:9 28:1,23 33:5 34:24 36:3,15 40:4 43:15 46:16,24 49:11 50:6 60:2,8,14 61:20 63:4,7,24 64:11,23 65:6 68:17 69:17 70:21 70:22 71:24 72:11,18 72:19 73:4,6 74:7,16 74:20,25 75:9,20 76:9 77:1 78:19,25 79:1,15 81:14 82:25 knowing 35:23 40:14 72:11 knowledge 21:4,7 26:5 35:23 known 3:16 43:17 46:8 knows 43:7 Koch 1:20 28?4 29:4,24 30:8 81:1,3 Koch's 30:14 KRSMA 20:5 21:18 22:2 29:7 40:1 41:10 65:18 74:23 82:2 Kyle 12:10 la 50:10,17 labeled 36:19,25 lack 51:7 laid 37:1 lands 40:2 landslide 77:3 Landau 36:12,12 37:13 37:16 51:16,16,24 52:1 52:7,16 72:24,25 74:1 74:2 language18:13 27:19 58:25 73:11 large 40:9 66:12 70:22 largest 47:13 late 39:14 82:6 laughing 2:17 launch 48:10,11 launched 48:11 50:7 law 61:21 lay 83:16 lead 21:20 65:16,19,20 74:23 83:14 leadership 50:20 learned 45:18 learning 21:5 leave 22:17 57:4 76:12 leaving 52:4 76:16 left 35:10 Leiehfield 12:9 lends 35:22 36:1 lengthy 83:22 Lenny 1:25 'LEONARD 88:2,17 letter 86:20 letting 8:23 50:5 let's 21:21 25:3 34:7 39:7 39:8 46:15 57:12 59:3 59:5 60:2 65:4 77:17 level 19:3,6,10 43:6 45:9 45:16 46:14,21 62:21 78:7 levels 1:8 2:3 12:16,16 13:2,13 14:17 18:7 25:9 52:5 54:21 55:4 56:5 82:17,23 lever 52:14 leverage 5:15 levers 53:13 light 47:13 limit 29:9 30:22,25 limitation 25:21,23 limited 26:2,3 limits 70:2 Linda 1:15 line 13:17 26:13 27:12 48:7 lines 10:4 list 6:1 22:22 25:2,23 26:13 38:24 46:17,19 59:6 64:7 listening 31:19 listing 19:1 25:5 38:17 41:2 73:13,17 74:17,21 lists 64:2 little 5:14,16 12:1 22:16 33:11 36:15 40:13 41:1 66:13 71:4 live 18:5 19:8 36:12 70:1 72:25 livers 12:3 lives 12:4 load 39:21 55:11 66:22 loading 40:7 local8:22 23:3 48:19 61:11 65:1074:23 locally 65:17 Lockwood 1:21 loggers 69:13 long 6:15,18 7:1,11,22 34:25 35:4,14 37:22 42:11 54:2 67:1.7 69:25 71:5 84:1 longer 17:2 63:8,13 79:13 look 4:7 5:3 7:20 10:23 14:8,19 16:5 22:4 32:6 37:7 38:2,20 40:23 49:9 50:17 62:6 64:13 looked 11:25,25 45:18 55:20 looking 3:12 7:3 14:2 26:8,9 27:16 37:10,11 37:13 43:18 49:22 56:14,16 57:20 62:23 65:2 74:19,24 79:2 82:20 looks 5:23 15:12 48:24 63:2 lost12:13 lot 20:19 30:15 63:8,12 66:8,8 70:25 78:22 low 13:2 lower 1:8,8,9 2:3,4 10:11 13:13 19:7 30:18,20,20 33:6,18 34:17 45:25 46:22 76:12,16 lowering 13:2020:4 Madam 2:15 10:16 39:14 42:2 47:20 48:17 49:12 50:9 74:6 77:15 79:6 86:8 mail 24:14 main 11:8 74:13 making 3:6 13:20,22 57:22 83:4 management 55:24 58:16,18 59:2 76:11,13 76:17 77:11 78:1,2 manager 1:20 31:12 manager's 8:3 March 29:5 marshal61:21 materially 43:2 49:13 50:18 matter 18:16 20:16 54:1 maximum 39:21 55: 10 mayor 1:13 2:2,6,8,10,15 2:18 6:3 9:16,18,21 10:15,16,18 11:1,5,12 15:19,25 17:19 18:1,4 19:14 20:13 21:5 22:5 22:9,11 23:11,17 24:2 24:21,22 25:20 27:10 28:24 29:23 30:12 31:5 31:17 32:20,24 33:3 34:19 36:6,9 37:10 39:10,15 41:23 42:2 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 45:6 47:20 48:3,4,17 I`. 49:4,5,12 50:1,9,24 51:3,5,9,12,23,25 52:15,17,20 53:2,4 54:5 56:1,2,25 59:8,16 59:t9 60:4,9 61:3 65:8 x 65:22 67:3,7,20 68:8 69:22 71:9,16,20,23 72:21 74:1,6,10,12 75:17,19 77:14,15,17 77:22 78:3,8,15,23 79:5,6,8,12,15,21 80:8 80:15,18,25 84:3,12,25 85:9,23 86:6,8,9,16,20 86:25 87:5,8 ma'am 31:1 I McCoy 42:21 mean 6:15 8:4,7,9 25:16 35:11 64:14 67:14 73:16 81:12,24 82:15 82:16 means 3:6 6:22 48:22 54:20 63:17 68:6 72:3 measure 3:18 82:10,15 meet 47:17 61:13 62:17 meeting 1:1 20:6 27:20 45:21 48:15 49:20 55:4 4' meetings 21:22 62:20 member 74:15 members 1:14 2:15 18:4 42:2 52:20 57:18 75:2- memorandum 4:3 mentioned 10:7 menu 50:10,17 message 28:8 57:25 58:2 58:4,5 59:4 65:7 77:6 messing 44:18 met 6:24 30:11 method 48:22 methodologies 68:15 methods 7:21 35:7 63:17 2 middle 61:14 Mike 1:17 mile 15:9 18:12 miles 30:18,20 76:12 mind 32:9 minimize 70:25 72:14 82:16 minutes 15:5 69:24 83:16 s= missed 8:13 28:16 mix 33:22,25 mixing 14:15 Molloy 1:16 2:5,6 22: 10 22:11 23:1,9 30:12,13 30:23 31:4 49:4,5,16 51:2,3 74:11,12 78:13 78:16,17 80:3,4 84:20 ; 84:21 85:18,19 moment 11:6 16:1 money 66:8 monitored 25:17 monitoring 4:6,8 7:5 months 21:3 22:7 29:5 45:18 61:25 62:23 Moore 1:15 2:9 24:21,22 25:19,20,21 26:1,6,10 26:22 2725,9 48:3,4 48:14 51:8,9 53:3,4,9 53:18 54:2 56:127,22 75:18,19 77:24 78:4 79:5,6,18 80:9,10,17 80:23 85:1,2,24,25 Moore's MA morning 70:5 Morse 18:3,4,5 19:17 52:19,20 53:5,8,11.,22 54:4 motion 10:22 1 L4 32: l6 32:16 77:23 78:9 79:7 79:9,12 80:19,20,21,23 84:12,14 87:4,6,7 motions 77:16 motor 15:11,15 79:2 motorboat 19:10 motorboats 4:15 motorized 12:17 motors 3:22 8:1 29:10,13 40:9 58:1524 59:1 77:13 78:6 mouth 33:9 34:15 40:2 40:10 66:3 move 2:6,10 31:2 39:8 51:4,10 52:13 79:18 84:4 moved 27:25 51:12 84:13 muster 65:21 N 2:1 naive 47:5 name 2:16,24 11:16 18:5 36:12 39:15 42:3 70:1 72:24 Nancy 39:19 National 43:19 Natural 74:8 82:12 nature 43:9 69:13 nearly 16:19 nebulous 4:21 necessarily 33:20 65: l6 need 2:14 3:8 5:9,18 8:19 9:2,11,1210:214L6 41:13 44:13 48:8 49:25 52:22 58:8 64:13 67:1 69:1,18 86:14 needed 70:6 84:1 needing 16:11 needs 44:17 negative 10:1 74:17 neutral 102,4 never 56:12 new 3:15 23:19 73:9 night 70:1 nomenclature 37:18 non -attainment 27:19 non -impaired 35:1 non -point 31:12 non-polluting 30:6 north 13:16 40:12 44:8 44:11 46:20 47:18 nos 85:8 86:5 Notary 88:3,17 notice 37:16 number 5:1 13:24 33:18 33:18 35:8 36:25 58:7 74:14 75:6 O 2:1 object 3 8:22 objected 70:16 objection 75:13 objections 86:25 objective 17:3 observation70:21 observations 38:18 70:4 observed 42:21 Obviously 40:9,18 68:16 occur 25:13 occurred 15:8 occurrences 35:21 occurring 14:15 occurs 66:11 ocean 34:12 offer 77:7 offered 51:4 offering 3:10 office 83:1 86:13 oh 2:179:1833:264:13 65:4 8 L9 oil43:15 okay 6:9 11:12 18:1 28:24 31:6 33:3,13 35:3 37:21 50:25 51:5 54:4 55:5 56:22 57:1 58:3 65:6 66:10 67:19 68:8 69:23 7 L 16,20 77:17,22 783,8 79:8 79:12,21 80:25,25 84:12 once 10:23 14:22,24 17:5 25:12,14 27:17 35:20 62:16 71:18 onerous 41:18 69:20 ones 69:5 open 28:6 29:19 36:3 52:5 operate 40:6 68:24 operations 68:20 opinion 41:19 57:23 opportunity 10:2442:7 57:8 61:8 r54:18 82:13 _- -_✓ opposing 1:9 2:3 opt 11:9 optimism 63:10,13 option 50:16 73:10 options 21:22 22:3 29:19 35:9,15 50:10 62:13 84:10 order 27:17 40:9 87:3 ordinance 13:23 15:1 organics 43:10 organizations 70:23 ought 58:10 59:23,25 outboard 3:21 29:13 34:7 58:15 outboards 48:11 50: 15 67:23,25 outcome 88:10 outlined 12:9 outside 70:2 overlooked 49:18 overnight 50:13 overview 37:11 40:2 P 2:1 page 12:9,24,25 13:13 16:18 37:7,11,18 38:2 pages 1:4 12:19 paper 30:15 papers 25:4 paragraph 16:18 37:18 parameters 4:7 paraphrasing 82:3 park 48:21 66:12 part 13:2,6,8 29:20 30:20 36:2 42:7 43:6,12 45:23 49:6 53:17,20 69:19 76:16, I9,20 77:9 86:23 participated 61:13 participation 33:1 62:21 particular 11: 1040:4 57:23 parties 23:13 24:1 35:12 parts 4:21 12:21 13:7,14 40:12 42:8 party 88:9 pass 15:4 51:17,24 55:14 62:2,8 65:2,21 66:1 75:16 passed 30:19 77:5 Pat 1:13 patient 2:13 Paul 39:15 68:11 70:20 pay 10:8 65:13 81:15 peak 4:25 6:14 pen 54:8 57:4 penciled 58:25 pending 59:1 people 102 8 18:23 21:19,21 24:12 26:6 32:3 35:5,11,12 42:16 44:19 45:15 46:7 50:19 58:9 60:3 61:13 78:20 82:19 perfume 1821 Perfumes 18:22 period 7:3,12 29:21,21 30:10 34:6 38:12 60:6 60:12 Permit 43:19 permitting 73:2 persistent 37:8,19 38:21 person 42:6 personal 15:10 43:1 50:21 55:17 66:16,17 66:20 personally 31:25 40:21 perspective 4:20 24:23 petroleum 35:6 petty 77:1 ph 12:10 phase 16:12 physical 11:17 Ph.]) 12:24 pick 27:3 piecemeal 41:5 place 8:2,3 14:16 25:12 50:22 58:24 68:17 69:1 81:9,11 83:2 placed 83:6 places 15:8 plan 5:11 25:7,11,12,16 26:14,20 28:18 29:16 29:16,20 30:2 39:21 41:7, l5 45:21 46:6,17 46:18 48:2 53:1,20 55:10 56:15 59:5 62:1 63:2 65:12,20 67:1 69:1,14 73:23 74:24 83:11,13,15,17 plant 28:7 plate 76:19 play 9:1 70:22 played 35:10 player 47:15 players 47:2 please 2:12 19:25 29:2 44:23 45:2 51:14,24 72:23 79:22 84:15 85:12 pleased 83:21 pleasure 2:5 42:15 51:7 plug 33:23 podium 10:25 point 10:21 12:15 28:16 29:2 30:1,7 33:4 35:2 37:1,25 38:14 49:21 56:7,13 73:1 78:14 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 pointing 75:1 points 18:16 38:2 poisons 18:22 policy 43:4 political 5:16 43:1 44:21 50:13,21 55:22 69:10 73:6 politics 44:8 pollute 45:25 polluted 18:16 pollutes 18:23 pollution 12:5,6 15:13 19:3,4,10 24:17 43:6,9 43:16,19 45:5,16 46:15 46:16,18 56:20 70:12 pool 42:10 poor 13:10 popped 4:10 Porter 1:13 2:2,6, 8,10, l8 6:3 9:16,18,21 10:15 10:18 11:1,5,12 15:19 15:25 17:19 18:1,4 19:14 20:13 21:5 22:5 22:9,11 23:11,17 24:2 24:21,22 25:20 27:10 28:24 29:23 30:12 31:5 31:17 32:20,24 33:3 34:19 36:6,9 37:10 39:10 41:23 45:6 48:3 48:4 49:4,5 50:1,24 51:3,5,9,12,23,25 52:15,17 53:2,4 54:5 56:1,225 59:8,16,19 60:4,9 61:3 65:8,22 67:3,7,20 68:8 69:22 71:9,16,20,23 72:21 74:1,10,12 75:17,19 77:14,17,22 78:3,8,15 78:23 79:5,8,12,15,21 80:7,8,15,18,25 84:3 84:12,24,25 85:9,22,23 86:6,9,16,25 87:5,8 portion 34:17 49:14 87:9 position 10:13 11:19 19:1 45:1 57:14 59:25 60:10 62:2 67:18 72: l7 76:8 78:19 possibility 60:4 possibly 26:16 potential 4:12 16:21 20:24 67:25 68:1 potentially 18:23 power 7:24 52:24 53:5,8 53:10 preambles 36:24 37:2 38:10 preference 59:3 preplan 40:21 prescriptive 48:2 present 1:12 11:4 61:14 Page 7 presentation 81:17 presented 55:3 presently 54:19 58:14 preservation 74:25 pressure 55:22 73:6 pressures 42:25 43:1 presumes 28:10 pretty 15:9 83:16 prevalence 22:23 prevent 38:17 previous 21:12 primarily 19:9 primary 64:16 prioritizes 73:18 Prioritizing 16:12 priority 12:14 pro 74:20 probably 14:11,17 20:20 25:9 47:13 61:1,7 78:13 83:8,15,17 problem 3:23 5:14 7:11 7:14 8:5,12 17:22 24:17,19 27:17,22 28:11 32:10,11,13,14 35:20 43:12 46:22 50:12 52:14 54:14 56:21 58:8 60:25 61:24 64:12 66:9,9,10,14,14 70:11,12 71:1,7 72:6 72:12,14 73:18,24 76:23 83:8,10 problems 74:16 procedurally 10:20 11:3 11:11 procedure 10:17 proceedings 88:8 process 12:14 14:4 17:14 19:23 23:2 25:2 51:1 55:19 56:13 62:25 64:14,15 72:11 processes 17:21 processors 40:5,8 49:11 66:2,23 67:10 68:21 product 67:24 prof'essional38:7 42:8 88:2 professionals 38:20 profile 73:4 program 31:12 progress 73:20,20 proposal 30:4 proposed 15:16 16:4 29:8,15 30:17 3925 proposing 7:15 73:10 82:13 pros 74:19 protection 16:14,15 proud 44:6 proves 52:22 provide 11:22 public 2:11 7:4 11:7,10 11:13 18:3 19:22 23:22 31632:2536:1037:16 39:12 41:25 4224 43:3 50:25,25 51:13 52:17 57:2 61:14,18 62:12,19 62:20,25 63:6 68:9 69:17,23 72:23 743 75:22 77:6 81:25 86:11 88:3,17 publicly 7:16,19 published 10:8 12:10 pull 52:24 53:11 pulled 53:13 punt 60:13 pursued 12:12 pushed 55:2 put 4:20 7:18 8:6 13:21 20:23 29:8,21 37:2 46:20 50:21 60:10 76:5 81:14 83:12 84:6 86:16 puts 7:23 45:19 76:8 patting 7:17 13:17 38:6 55:22 67:9 83:14 P.O 39:16 qualifications 64:22 qualify 73:14 quality 7:5 38:21 73:20 82:18 quandary 39:22 quasi 63:6 question 10:16 12:11 22:6,9 23:1 25:19 28:25 30:13 31:8 34:20 35:3,16 46:25 47:6 50:11 52:2 59:9 60:15 66:4,23 68:12 70:19 71:10,20 75:5,20 questions 6:4,5 16:1 19:14,15,21 20:12,13 24:23 39:10,20 40:15 41:23 45:6 53:3 67:20 71:9 74:2 quickly 35:14 66:6 quite 3:16 41:5 58:21 quo 65:6 R 2:1 radio 76:4 rainbow 13:3,4 raising 13:19 ramp 47:14 50:4 range 43:10 ratcheted 83:25 raw 4:24 5:7 28:7 reactions 29:6 read 7:12 10:3 13:23 20:17 30:15 37:4 4721 57:21 63:1 84:6 reading 16:17 27:19 ready 48:14 76:25 77:1 real 13:10 28:3 realize 33:2 62:19 really 5:18 19:3 23:14 28:15 29:24 30:24,25 34:6 35:10,1436:16 37:2 38:22 39:22 42:15 52:7 53:24 57:25 58:1 58:7 59:25 60:1 62:8 63:21 64:3,11 65:15 66:15 71:6 75:5,11 realm 25:9,10 reason 9:23 23:17 27:24 39:7 42:20 51:19 66:18 74:13 75:7,23 78:20 reasonable 35:21 reasons 13:1575:14,15 reassessment 38:11 recall 21:18 28:22 recast 39:1 received 24:14 receiver 43:13 receiving 62:13 recognition 53:18 recognize 50:16 55:1 76:23 recognized 6:25 recommend 71:11 recommendation 65:17 record 21:14 45:4 63:25 88:7 recording 88:5 recovery 16:11,14,15 25:15,16 55:9 56:15 65:20 73:23 83:11,13 83:17 red 12:7 65:2 reduce 24:18 25:8 35:6 69:19 78:6 reducing 21:23 25:18 refer 38 t9 reference 80:24 referenced 12:8 referred 16:7 referring 26:15 refers 16:18 reflecting 86:14 regarding 11:10 52:18 regardless 26:14 83:23 Registered 88:2 regrettable 44:7 50:22 regrettably 43:1 regularly 71:19 regulated 15:14 regulation 30:17 54:11 55:2 56:12 59:1 75:9 75:13 78:19 regulations 15:16 29:8 55:17 58:15 82:14 regulator 55:24 regulatory 15:18 17:11 relate 49:7 related 1:7 relates 81:4 release 25:22,24,25 26:3 26:24 released 26:14 remiss 76:18 removed 25:15 renewability 75:1 repeat 77:22 repetition 35:25 replace 77:13 78:5 87:6 report 12:8,18,25 13:18 16:20 19:23,24 27:1 29:2,22 30:2,3 31:1 36:4 37:15,17,17 48:24 Reporter 88:3 reporting 33:6,17 represent 3222 68:13 representative 36:7 39:19 50:11 representing 21:18 74:9 requested 87:9 require 35:4 39:24 58:15 required 7:15 47:24,24 47:25 48:1 64:1 65:10 65:11 requirement 46:6 47:1 requirements 49:7,9 requires 68:19 73:18 74:22 residential 42:3 resolution 1:7 2:7 3:5 7:5 11:8 18:14 3120,20 35:13 36:17,18,24 37:2 38:23 39:1 40:25 42:13 51:10 62:2 66:1 69:25 70:9,16 71:1 74:21 77:5,8 78:14 83:23 85:11,12 86:12,24 resolutions 20:3 resolve 20:4 73:19 resource 55:23 74:25 75:1 resources 13:11 27:14 74:8 82:12 respect 34:18 52:8 response 63:5 81:21 responsibilities 64:9 restoration 26:20 restoring 84:5 restrictions 15:15 67:10 result 33:19 results 41:11 reticent 40:13 return 10:25 review 12:23 64:1 73:3 revisited 64:7 Rick 1:16,20 58:1 rid 24:10 47:17 50:15 right 5:4 6:16 9:1 12:17 15:18,20 16:24 17:16 19:4,22 24:5 28:1 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 29:13,19,20 30 21 34:16 39:24 52:12 54:11,18 57:11,15 58:12 62:22 68:13,21 71:16 72:13 79:4,15,17 80:18 83:9 rip 19:12 risk 5:21,24 13:10,21 16:11 22:15 49:17 river 1:8,9 2:3,4 3:1,17 3:18,20 4:6,25 5:8 6:10 7:17,18,25 8:6,7,18,25 9:24 11:23 12:4 13:4 13:11,17 14:6,9,12,20 15:8 18:11,14,15 19:2 19:7,7,11 20:3,21 23:14 24:19,23 26:12 28:5 30:18 31:24 32:6 33:6,8,16,18 35:5 39:23 40:3 41:6 43:4,8 43:11,23 44:5 45:3,24 45:25 46:1,13,15,22 47:14 48:10,21 49:13 49:15 50:15,18,18 52:4 52:21,23 53:10,21 54:17,19,20 56:8,15,20 57:1 58:17 60:21,23,25 62:18 64:4 66:1,3 67:24 69:11 70:12,16 71:12 72:2 73:5,8 74:16 76:7,9,10,14,17; 76:22,24 77:7,10,25 81:7 82:14 84:8 rivers 10:11 Rivershed 83:3 road 25:14 56:10 62:23 roaring 19:12 Robert 1:16 2:16,24 6:5 6:9 14:10 16:9 29:14 57:6 61:7 65:25 role 84:15 roll 79:23 85:13 Ross 1: 166:4,5,9,13, 18 7:2,10 8:11,24 9:12 10:16,19 11:3 12:11 16:2,3,10 17:19,20,25 20:14,15,23 2 L6,17 22:7 27:10,11 28:2,20 28:22 33:4,13,17 34:5 34:14 42:1 45:7,8,11 46:2,25 47:6,20 48:8 52:1,2 60:12,13,19 61:6 63:11 64:19,24 74:15 77:14,15,21 78:11,12,23,24 79:13 79:20 80:1,2,20,21 84:3,4,18,19 85:16,17 86:8,9,10,19 roughly 25:4 routine 69:4 RPR 1:25 Ruffner 2:15,16,20,24 KENAI CITY COUNCIL MEETING 11/21/2006 Page 8 6:4,12,17,20 7:9 8:10 8:15 9:2,15,17,19,22 10:20 33:5 57:4,6 59:8 59:12,17,21 60:7,17 61:1,4 63:5, l2 64:21 64:25 65:11 66:4 67:5 67:11,16,21 68:1,4 74:14 75:7 81:13 83:15 83:24 Ruffner's 22:12 rules 58:24 61:16 run 42:20 49:16 67:23 running 28:6 runs 5:7 Rypkema 19:18,18 20:14 20:19 21:2,11 22:1,21 23:6,10,16,25 25:3,25 26:5,8,15,25 27:4,7,23 28:17,21,23 29:1,18 30:1,10,22,24 31:11, l6 33:12,15,21 34:11,16 35:3,20 36:8 S 2:1 safety 61:18 Salamatof 40:11 sale 71:21 salmon 13:5 sample 14:17 sampled 14:9 sampling 3:24 12:3 14:8 14:14,20 33:14 sand 43:22 sat 41:10 58:25 Saturday 29:7 save 32:25 saved 69:24 saw 27:2 saying 5:3 7:16 21:19 50: l6 54:13 56:4,12 57:24 58:11 59:13 60:22 62:6,9 64:13,19 64:21 65:2,3,4 73:11 73:16 75:11 76:21 81:14 says 27:19 28:5 37:7 56:8 76:1 scares 83:11 scheduled 26:18 schedules 45:22 school 36:7 scientific 14:3 sculpins 12:3 seafood 40:5 seal 88:12 season 71:18 seat 23:3,7 53:19 75:3 second 2:8,9 37:25 48:5 51:5,6,7,7,11 58:19 77:14 78:15 79:10,20 81:1 84:11 seconded 2:10 51:12 84:13 section 38:15,15 sediment 19:7 44:5 see 5:3 11:14 12:2,17 15:1,8,12 25:3 26:6 32:15 37:7 38:25 41:2 41:11 47:10 53:22 57:18 59:19 60:3 63:20 66:25 67:1,9 78:13 86;10,23 seeing 13:2,7,8,9 19:15 51:7 74:4,10 84:14 85: l2 seen 41:9,12 63:13 Select 62:21 self 55:21 send 56:23 58:6 59:4 sending 65:7 sends 57:25 58:1 77:6 sense 31:21 sentence 38:16 separate 31:3 separately 79:16 septic 28:6 serious 2:20 seriously 71:7 session 23:13,21 59:23 sessions 9:6 set 3:6 27:4 36:24 88:11 setnet 39:18 40:5,8 67:23 setnetters 68:12 sets 51:20 55:7 sewer 28:6 Shadura 39:13,14,15 41:24 42:1 68:11,11 70:20 share 70:20 shocked 12:1 short 28:12 30:10 shot 67:17 show 7:2 25:18 55:14 73:20 showed 34:2 showing 82:16 shown 16:19 25:14 27:24 shuffle 12:13 shut 18:18 sic 59:15 side 40:11 sign 28:5 42:1 significant 73:20 simple 26:23 72:17 simplistic 68:23 sincere 42:15 sir 6:12 21:2,13 22:2 23:6 26:5 27:8 28:17 28:23 29:22 30:11 3322 34:12 52:2 sit 7:21 23:23 25:10 40:20 44:19 45:20 49:2 53:16 57:5 61:9,15 62:17 sitting 8:3 23:1227:15 62:22 situation 3:7 10:14 16:22 19:1 22:4,17,18 28:11 39:23 61: 10 62:6 69:8 69:10 six 16:25 21:3 22:7 25:4 29:5 61:25 62:23 size 15:11 40:14 skeletons 13:8 skiffs 68:22 Slope 13:16 slow 64:10 slows 33:8 34:14 small 12:4 Soldotna 11:18 48:18 solution 8:24 23:4 24:15 24:19 57:20,21 76:19 76:20 solutions 8:5 solve 54:13 55:15 61:22 71:7 solved 52:14 solving 73:19 somebody 9:19 44:20 46:9 65:19 74:23 Sonafrank 39:20 sorry 6:7 3024 31:14 36:22 sort 29:5 42:14 43:4 50:17 60:10 81:1 1,18 sound 19:10 29:24 sounds 16:17,20 58:11 source 31:12 sources 4:13 69:5 spades 38:25 spawned 81:19 speak 3: l4 17:8 30:24 36:17 41:4 57:8 74:4 82:8 SPEAKER 6:8 37:15 48:13 51:11 67:22 68:3 84:11 87:2 speaking 26:22 32:5 speaks 3:13 special 22:4 58:16,18 59:2 63:15 76:10,12,17 77:11 78:1,2 species 13:4 specific 16:9 47:6 66:23 Specifically 23:6 speculate 22:24 speed 68:17 spent 9:5 2 L 17 66:8 spills 42:7 spin 37:3 spirit 82:8 split 77:15 spoken 37:22 spot 23: 14 75:8 stack 25:4 staff 2:16 38:1,10 52:9 staggering 4:25 stains 54:15 56:25 stakeholders 17:13 73:22 stand 68:13 standard 13:6,18,19 14:13,23 standards 6:24 27:20 29:13 58:21 77:13 78:5 82:18 standpoint 35:1 start 3:10 4:5 21:21 69:3 72:6 starts 38:15 state 5:15,23 22:19 23:3 27:6 31:13 32:10,11,1.2 52:3 64:12 73:21 88:3 statement 7:8 14:7 31:21 31:23 32:19 60:24 83:4 statements 13:25 statewide 25:23 stating 32:9,13,14 stationed 31,11 status 5:13 6:16,19,21 28:13 44:2,24 49:22 51:20 52:8,14 53:7 54:25 55:6,8 56:14 57:11 59:7,14 64:17 65:6 76:2 83:5,6 stay 10:13 15:25 16:3 17:16 18:2 58:3 step 5:13,22,22,25 9:7 19:2 22:15 40:23 55:11 63:1 65:19 76:18 steps 7:19 21:7,7,9 24:9 stigma 9?5 10:3,6 44:1,4 61:5 stipends 24:11 stop 56:17 story 26:10 strategy 47:1 stream 33:23 street 24:20 stress 36:3 49:20 striking 58:13,20 stripes 47:3 stroke 24:16 44:11 47:14 47:18 54:12,16,17 56:5 strokes 29:10,11 41:7 46:20 strong 4:23 strongly 18:25 structure 69:13 struggle 57:16,17 58:1 61:4 struggling 9:5 54:9 60:3 student 36:6 studied 9:7,10 studies 4:9,11,15 14: l9 66:7,9 study 3:17,20 4:1 5:3 20:7 41:9 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 subject 44: 10 subjective 17:4 sublethal 13:3,7 submit 45:21 54:14 56:23 59:11,13 subsequent 20:8 subservient 17:10 substitute 10:21,23 11:9 11:11 16:4 51:4,6,6,10 51:13,14 52:18 57:3 77:11 78:1 substitutes 42:14 success 13:10 16:15 successful 76:16 suddenly 71:3 sufficient 30:5 suggest 18:25 suggested 5922 suggesting 75:8 summary 13:12 15:5 summer 5:8 supplies 37:5 support 4:23 6:2 37:2 41:20 52:3 57:11,24 60:20 62:9 67:12,12 70:9,14,15 73:12,16,23 74:13,21 75:4 84:7 supported 13:25 15:22 supporting 1:8 53:6 59:5 73:15 75:9,12,15 78:19 supports 38:25 41:1,2 suppose 20:15 supposed 22:19 supposedly 24:18 sure 6:23 19:25 23:1 26:10 37:24 57:15 60:17 68:17 71:7 79:3 surely 69:9 surface 37:19 survey 34:2 surveys 20:9 suspected 20:18 Swarner 1:15 31:7,8,14 50:2,3 65:23,24 67:8 67:14,19 74:5,6 79:11 79:14,17 80:11,12 85:3 85:4 86:1,2 swimming 42:10 system 42:19 53:12 table 15:5 17:15 23:23 37:1 38:9 44:14,15,19 45:19 47:19 48:7,9,15 49:8 53:16,20 55:2 59:20 60:11 62:13 63:18,19,20 73:23 75:3 75:16 81:10,10,11 tabling 57:21 59:9 tacitly 83:5 TAH 1:8 2:2 78:6 82:17 82:23 KENAI CITY COUNCIL MEETING 11/21/2006 Page 9 take 8:3 11:7,9,19 17:21 18:25 23:3,5,7 24:5,24 25:9,9 32:3,14 34:25 35:4,6,14 37:7 42:11 44:17 52:13 55:12 56:3 56:7,10 57:11 63:16 64:3,9 65:19,19 68:16 69:1 72:17 77:17 78:18 79:16 81:12 83:17,18 taken 8:2 17:7 21:7,10 24:9 39:6 48:15 6 1:8 76:14 82:1488:8 takes 5:16 61:11 63:15 70:25 talk 2:22 9:20 42:9 46:22 52:25 53:15 57:17 69:11 81:23 82:1,2,2 talked 64:24,25 84:1 talking 4:18,22 13:10 21:21 38:3 43:9,23 75:8 talks 16: 10 tank 28:6 tape 23:14 75:8 88:5 Tarbox 11:16,16 15:19 15:20 162,8,23 17:23 27:11 54:7,8 56:6,11 56:23 78:25 teaspoon 42:10 technical 42:5 45:15 technicality 45:14 Technically 52:21 teleconference 39:19 40:16 Eels 525 8:6 25 28:14 43:16 65:12 73:3 telling 73:9 tells 8:11 ten 57:10 tend 33:21 tendency 60:2 term 37:18 71:6 terms 13:11 15:2 73:10 Tesoro 18:17 test 65:2 testifying 39:11 69:25 testimony 10:22 11:8,10 28:13 47:9 52:6 60:15 60:24 62:3,12 78:25 86:11,21,22 88:7 testing 6:14 thank 2:13,13,13,19 6:3 6:9 9:16,22 10:15 11:12,15 17:25 18:1 19:13,15 22:5,11 23:9 24:22 27:11 28:24 29:23 31:4,5,16,18 33:3 36:9,11 37:17 39:8,11 41:21,23,24 45:5,6 49:5 50:1,3,24 51:3,9,23 52:15,16 53:2,4,4 54:4,5,5 56:1 56:2 57:7 65:22,24 67:7,19 68:8 69:22 72:21,21 74:1,2,6,10 74:12 75:17,19 78:8 79:6 80:15,18 81:13 84:3 85:9,11 86:6,6,25 thanks 27:9 48:4 53:1 56:3,22 theories 25:1 theory 56:3 thing 4:9,10,21 5:20,21 11:11 12:15 13:1,23 14:2,14 15:21 22:14 24:14 29:1 34:17 44:18 45:17 52:12 55:6 57:15 65:14 things 7:2,6,13 8:8 10:13 12:13 14:5 17:9 18:20 2 L24 26:14 27:16 28:10 32:2 41:18 43:14 63:24 think 8:14,15,22 9:10,24 10:1,9 11:1,7,21 12:1,5 15:1 16:3,23 17:2,7,12 17:23 23:19 24:2 26:15 26:25 27:2 32:2,5,12 35:10 36:25 37:4,21 38:11 39:2 40:24,25,25 43 A 44:13 45:13,17 46:25 47:2 48:8,19 49:1 50:11,19 51:21 52:9,10,11,12 55:12 56:19 57:9,10,18 58:4 58:5,6,9 60:7,9 61:6 646,11,16 65:1,1,714 67:11,16,17 72:1,3,6 72:12 7424 76:2,22 78:17,21 81:5,6 82:10 82:12 83:2,5,15 86:13 86:20 thinking 23: 12 31:19 45:11 62:15 third 18:11 48:5 thoughts 32:21 70:3 threat 63:19 three 4:15 5:17 8:19,20 8:21 12:19 14:22 18:7 69:24 85:7 86:5 throwing 65:4 throws 28:5 thumbs 59:13,14 tides 43:22 tied 46:23 time 2:12,18 3:16,19 6:13 7:1,12 11:14 18:16 19:12 20:22 21:19,23 28:12 30:10 31:5 32:25 35:14 36:11 37:22 40:22 45:4 48:5 48:5 52:4 57:16 59:20 60:16,21 62:9 64:3 66:8 68:17 69:6,14 73:1 76:12,13 84:1,9 88:8 timeline 55:8 63:23 timelines 55:7 times 20:7 33:8 63:14 titled 37:14 TMDL 26:16,17,18,20 59:7 68:25 69:2,3 TMDLs 26:8 today 2:14 11:19 24:14 24:20 31:19 39:18 50:22 55:20 82:6 told 26:1 29:7 tolerate 50:14 tomorrow 48:10 tonight 18:8 44:23 45:16 48:5,15 60:23 61:21 62:3,13 75:21,22 76:25 83:22 86:14,22 tool 5:9 9:3,4,11,13 47:10 82:21,21 toolbox 5:12 9:3 82:22 tools 5:12 16:21 27:14,21 62:10,17 top 10:13 topic 23:24 total 1:8 39:21 5 5: 10 56:15 totally 30:6 31:2 55:19 76:9 tourism 72:1 tourists 72:1 toxic 18:22,23 toxicologists 12:24,24 13:18 toxicology 12:20 36:15 Toyon 36:13 51:16 72:25 track 63:24 traffic 19:10 34:7 trained 11:14 training 36:14 transcribed 1:25 88:6 Transcript 1:7 transcription 88:6 transporting 68:5 travel 40:10 treat 44:5 treatment 18:10 28:7 tremendous 44:10 trigger 77:3 trivial 77:1 tri-annual 12:23 trouble 32:9 troublesome 76:7 trout 13:3,4 true 14:8 88:7 truly 30:2 try 5:10 8:16 20:3 24:9 42:1823 66:5,5 81:3 82:23 trying 20:10 21:6 28:18 30:1 34:23 39:20 41:11 43:3 48:19 49:20 63:25 64:8 76:1 turn 37:6 turned 66:17 two 14:10 18:9 24:10 29:11 41:7 47:14 63:25 64:2 75:14 81:2 type 22:18 23:22 typical 12:13 Uh-huh 19:17 ultimately 48:20,21,23 unable 84:2 understand 4:13 14:4 34:14 44:25 46:13 53:25 56:4 58:1,23 73:4,15,17 75:7 76:22 77:19 81:5 understanding 4:3 6:22 21:15 27:23 29:11 30:16 46:14 47:12 49:6 54:3 understood 59:22 unfair 21:6 unfortunately 39:25 43:4 49:23 unilateral 56:16,17 unilaterally 54:23,24 55:18 56:19 unimpaired 24:25 United 15:21 unload 40:8 unregulated 15:11 unwarranted 40:22 upgrade24:10,15 upper 56:20 urge 51:17 urgency 76:6 use 4:25 15:10 55:17,18 58:22,24 59:1 66:16,17 66:21 68:17 user 9:8,9,9 24:3 28:18 40:21 41:3 55:21 users 35:5 41:14 49:12 49:13 69:4 uses 6:25 14:21 V V 7:18 8:6,25 17:3,12,22 21:20 22:22 26:2,12 27:6,18,18 28:3,8 34:21,22,25 35:17,19 35:22 38:6 40:22 41:2 45:9,12,13,14,19 47:8 47:10 48:6 52:4 60:16 60:21 61:11,17,25 62:9 62:14,16,25 63:2,3 65:9 69:2,6,13 71:3,22 73:16,17 81:8 84:6,8 various 27:25 28:18 35:5 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611 vehicle 82:23 verbatim 62:3 86:11 versions 25:1 vertically 34:3 vessels 40:6,7 view 40:22 49:7 violate 14:22,24,24 17:5 violated 14:5,10,22 15:6 17:6 violates 15:9 violating 14:13 16:25 17:2,5 violations 15:8 Virginia 18:5 voice 17:14 volumes 3:13 voluntary 48:2 vote 87:7 voted 66:1 87:6 vulnerable 70:23 wait 45:20 wake 24:18 41:9 walk 42:8 walked 61:18 walks 42:17 want 2:21 3:5,6,13 5:21 6:6 9:23 10:11 13:21 15:25 18:2 28:3 29:18 35:9 36:17,21 38:22 45:24 47:20 48:10 53:25 54:8 55:1 59:12 62:7 64:11 65:16 68:19 68:23 69:9 72:19 73:3 76:20,20 77:25 78:4,18 79:15 81:13 wanted 22:12 55:14 wants 9:24 58:5 65:18 69:23 Warren 54:21 66:12 wasn't 22:19 75:25 watched 17:8 water 4:19 7:3,5,23 18:9 19:9,20 24:25 25:22,24 26:3,11,23 27:4,5 30:6 33:23,23,24 34:3,4,11 38:20 42:11 64:1 73:19 82:18 waterbodies 16:11,11,13 38:17 waterbody 1:9 2:5 5:13 6:23 7:1 16:16 37:19 38:5,24 44:2 51:21 59:6,14 83:7 waters 16:1920:19 38:16 55:7 66:19 watershed 2:25 3:2 4:2 15:7 20:5 21:12 57:7 way 9:10 11:20 15:7 19:8 20:17 33:13 36:13 47:21 49:2 51:17 63:2' KENAI CITY COUNCIL MEETING 11/21/2006 Page 10 64:14 70:7 72 20,25 75:9 8 L 10 83:8,9,9,23 ways 54:2 web 12:25 72:2 week -and -a -half 8 1: 12 went 5?0 56:4 59:10 weren't 55:2 61:19 west 40:11 we'll 39:4 40:17,17,23 58:3 61:21 81:11 we're 4:17,21 6:15,23 7:17 8:5 10:10,13 13:10,17 14:20 17:2,3 18:20 20:1,20 23:17,24 28:11 29:19 3 L23 32:25 36:3 40:13 41:17 43:9,13,22 44:4 45:4 46:1 1 48:14,16 49:16 49:22 53:25 55:20,20 59:4 60:21 62:13,22,23 64:4 70:11,12 71:6 72:5,7 75:9,11,12 76:1 78:18 81:24,25 82:1,1 82:2 83:7 we've 3:16 6:21,25 7:2,6 7:11,13 8:4 10:6,7 20:4 20:10 21:25 582,6 60:24 61:19 62:6 66:7 66:8 72:12 76:5 83:21 whatsoever 66:20 whereases 13:25 15:1 16:6 38:23 WHEREOF 88:11 Whoa 45:7 wholeheartedly 7:9 willing 45:4 60:11 68:14 68:18 wind 10:11,12,14 winds 3:6 wish 11:3 withdraw 32:15 79:7,8 WITNESS 88:11 wolves 31:15 Wonderful 36:8 wondering 22:16 word 10:1 20:16 77:10 77:25 words 30:19 33:7 53:13 53:15,23 55:9 77:12 78:1,4,6 84:6 work 3:1,4,7 5:10,16,18 8:5,20,21 9:5 23:5,13 23:21 25:6,10 26:19 28:4,14,18 29:15,16,25 34:24 40:17,18,21 42:7 42:16 59:5,23 63:7 64:13,19 65:10 69:16 69:18 70:10 73:23,23 73:2474:22 84:2,9 worked 4:2 6:10 18:9 28:1 30:8 36:14 43:14 43:15 64:14 73:1 working 7:14 8:13 10:12 20:2 22:3 65:18 72:6 works 72:11 74:24 world 8:6,7,25 43:16 worried 44:4 worry 58:8 worst 7:17,18 8:7,8 wouldn't 30:19 47:5 61:23 67:4,6,15 83:17 83:19 wrap 60:1 written 14:25 47:1 48:1 74:13 wrong 2:17 7:7 14:1,3 152 48:12 54: 14 62: 15 yeah 20:15 24:8 35:18 37:16 53:9 58:2 59:13 59:18 67:16 68:11 71:23 year 25:22,24 26:4,24 62:24 82:17 83:12,18 years 3:1,23 4:9 11:23 14:22 16:25 18:9 20:8 21:17,25 26:13 37:23 38:13 39:6 41:10,16 42:16 44:5,18 46:14 47:4 55:25 57:10 58:3 58:7 61:19 63:7,25 64:2,6 71:4 73:9 76:10 76:14 83:12,15 yeses 85:7 86:5 younger 70:4 #1403 88:19 1 1:4 13:2,6,8 1st 23:22 59:11,17,19 1.5 15.9 10 4:21 12:21 13:7 63:7 10,000 5:7 it 3:1 63:7 filth 59:15,16 11/21/06 1:3 13 16:18 14 4:2 15 3:23 37:23 44:18 47:4 55:25 58:2 71:4 1520 36:13 51:16 72:25 16 37:7,1 1,18,23 39:6 163239:16 1711 42:4 18 38:2 19 18:12 1991 3:17,25 4:1 11:24 15:7 20:25 1992 12:10 2 2-3-2008 88:18 20 1 L23 83:16 200 12:24 2000 3:25 4:4 6:9 35:24 2002 5:5 2003 5:5 20:7 34:1 2006 7:4 14:9 15:7,12 29:12 35:25 58:20 77:12 78:5 88:13 2006-64 1:7 2:7 36:25 51:10 2011 26:18 55:9,10,13 59:7 73:19 83:12,18 24 43:21 25 26:13 29 4:7 3 7:16 75:6 3rd 58:14 77:10,18,24 78:12 79:7,9,18,22 300 4:22 43:21 303(d) 38:15 33270 11:17 35 18:9 41:8 36630 18:5 37306 70:1 4 13:13,13 4018:11 41:8 44:12 48 10:11 50 24:15 29:9 30:4,17,22 30:25 31:2 41:8 44:12 54:12 56:4 6th 80:17,19 600 4:24 43:17,23 58:11 64 3:5 7 74:14 7th 57:23 58:13 77:8 80:16 84:5 8 88 1:4 9 9 36:25 9-a 36:19,22 40:25 9-b 10:21 36:19 9137:23 PENINSULA REPORTING 907/283-4429 110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611