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Council and Student Representative Pnckets to Police Department Dispatch desk.
The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my
office. The portion of the agenda published by the Clarion should be emailed as
soon as possible n$ter Noan on packet day. The camera-rendy agenda
c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at
Peninsula Clarion (at emnil folder Work Session/Special Meetings, or Composition in
Contocts or Ibell@acscalaska.net). Home Pnge documents (agenda, resolutions,
ordinnnces for public hearing, and ordinances for introduction) are usually emailed
to me and I hold fhem in my NTML file. Place them onto the city's website from
there as soon ns possible before leaving the o$fice for the weekend.
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
DECEMBER 20, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / /www.ci.kenai.ak. us
ITEM A: CALL TO ORDER
i. Pledge ofAllegiance
2. Roll Call
3. Agenda Approval
4. ConsentAgenda
*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 PUBLYC COMMENTS (10 minutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGI5LATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
Ordinance No. 2200-2006 - Repealing the Existing Title 22 of the Kenai
Municipal Code and Replacing It With a New Title 22 Entitled, "General
P"und Lands."
(Clerk's Note: Ordinance No. 2200-2006 was subsriiuted, amended and
postponed to December 20, 2006. The motion to adopt is acttue.)
a. Substitute Ordinanee No. 2200-2006 -- Repealing the E~sfing
Title 22 of the Kenai Municipal Code and Replacing It With a New
'I~tle 22 Entitled General Fund Lands.
2. Ordinance No. 2202-2006 - Amending KMC 11.05.090 Entitied "Use of
Launch Ramp and Float," by Adding a Subsection Limiting the Use of the
City of Kenai Boat Launch, Located at the Murucipal Harbor, to Vessels
and Boats Powered by Four-Cycle or Direct Injection'I~,vo-Cycle Engines.
(Cterk's Note: Ordinance No. 2202-2006 was substtiuted and introduced
at the December 6, 2006.)
a. Substitute Ordinance No. 2202-2006 -- Amending KMC
11.05.090 to Limit the Use of the City of Kenai Boat Launch,
Located at the Municipal Harbor, to Vessels and Boats Powered by
Four-Cycle or Direct Injection ~vo-Cycie Engines.
3. Resolution No. 2006-67 -- Directing the Continuafion of the Project
Entitled "McCollum-Aliak-Japonski Assessment District" and
Designating What Improvements are to be Included in this Project.
4. Resolution No. 2006-68-- Adopting the City of Kenai FY 2008 Capital
Improvements Plan (CIP) Priorities for the City of Kenai.
ITEM F: MINUTES
*Regular Meeting of DecemUer 6, 2006.
ITEM G:
ITEM H:
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2203-2006 -- Amending IS~'VIC 1.15.130 Entitled,
"Telephonic Participation" to Emphasize Responsibililies of the Council
Member(s) Requesting Telephonic Participation of a Councii Meeting.
4. Approval - Conuiiission/Committee Term Renewals
ITEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Comrnission
3. Harbor Commission
4. Library Corrunission
5. Parks & Recreation Commission
6. Planning & Zoning Coinmission
7. Miscellaneous Commissions and Committees
a. Beautification Coirunittee
b. Alaska Municipal League Report
ITEM J: REPORT OF THE MAYOR
ITEM K: t3DMINISTRATION REPORTS
l. City Manager
2. Attorney
3. City Clerk
YTEM L:
1. Citizens (five minutes)
2. Council
-- None Scheduled
ITEM M:
DECEMBER 20, 2006
REGULAR COUNCIL MEETING
Repuests for amendments to the a enda:
ADD TO: E-2a, Reference: Ordinance No. 2202-2006, Letter
From Robert A. Stockdale opposing Ordinance No.
2202-2006.
ADD TO: E-3a, Substitute Resolution No. 2006-67 --
Correcting fourth and fifth whereas paragraphs.
ADD TO: E-3a, Reference Resolution no. 2006-67 --
Chris J. Rhodes objecting to square footage assessment.
CONSENT AGENDA
None
REQUESTED
BY•
CITY CLERK
CITY CLERK
CITY CLERK
MAYOR'S REPORT
~i
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2200-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
THE EXISTING TITLE 22 OF THE KENAI MUNICIPAL CODE AND REPLACING IT WITH
A NEW TITLE 22 ENTITLED GENERAL FUND LANDS.
WHEREAS, the City of Kenai has undergone a long process of examining its city code
provisions regarding land ownership and disposition; and,
VJHEREAS, the City of Kenai has re-written its land code regarding airport land both
within the newly created airport reserve and outside of the airport reserve; and,
WHEREAS, the City of Kenai in its capacity as a general fund entiLy and in its capacity
as an airport both own land; and,
WHEREAS, the requirements for land ownership and disposition for general fund and
airport land are different; and,
WHEREAS, ihe City of Kenai should update and revise the city code regarding land
ownership and disposition of general fund land; and,
WHEREAS, it is in the best interest of the City of Kenai to revise and replace its
existing'I~tle 22 with a new Title 22 entitled "General F~znd Iands."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the existing Titie 22 (City Owned Lands) is hereby repealed and replaced
Uy a new Title 22 (General Fund Lands) as shown on Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
Deceinber, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Substituted and
Postponed to
12/20/06:
Effective:
November 1, 2006
November 21. 2006
November 21, 2006
January 20, 2007
Title 22
G~NFRAL rUND LANDS
Chapters:
22.05 Disposition of City Lands
Ordinance No. 2200-2006 Attachment A
(11l21/O6) Page 1 of 71
Tetle 22.05
DISPO5ITION OF CITY GENERAL FUND LANDS
Sections:
22.05.010
22.05.015
22.05.020
22.05.025
22.05.030
22.05.045
22.05.050
22.05.055
22.05.060
22.05.065
22.05.070
22.05.075
22.05.080
22.05.085
22.05.090
22.05.095
22.05.100
22.05.105
22.05.110
22.05.115
22.05.120
22.05.1~5
22.05.130
22.05.135
Power to dispose of real property.
Sale or disposal.
Qualifications of applicants or bidders.
Applications.
Filing Fee and deposit.
Review.
Appraisal.
Terms of lease.
Annual minimum rent.
Bidding Procedure.
Principals and policy of lease rates.
Reimbursement for city-constructed improvements.
Lease Execution.
Lease Utilization.
Conveyance to encourage new enterprises.
Sale.
Sale procedure.
Terms for financing sale of city lands.
Determinations as to need for public use.
Property exchanges.
Property sales to adjacent owners.
Grant or devotion.
Use Permits
Acquisition of Real Property.
22.OSA10 Power to dispose of rea[ property.
(a) The provisions of this Chapter apply to genera] fund real property.
(b) The City inay sell, convey, exchange, transPer, donate, dedicate, direcC, or assign to use,
or otherwise dispose of City-owned real properry, including property acquired, held ~for, or
devoted to a public use, only in accordance with this chapter, and, with respect to properties
acquired through foreclosure for taxes, in compliance with those terms and provisions of AS 2S
which homa-rule municipalides are required eo comply with. Disposal or sale of lands shall be
made only when, in the judgment of the City Council, such lands are not required for a public
puipose.
22.05.015 Sale or disposal.
The City may sell or dispose of real property by warranty or quit-claim deed, easen~ent, lease,
~ grant, permit, license, deed of trust, mortgage contracC of sale of real property, plat dedication,
Ordinance No. 2200-2006 Attachment A
(11/Zl/06) Page2 of Il
tax deed, or any other lawful method or mode of conveyance or granT. Any insCrument requiring
execution by the City shall be signed by the City Manager and attested by the City Clerk. The
Porm of any instrument sha11 be approved by the City Attorney.
22.05.020 Qualifications of applicants or bidders.
An applicant or bidder for a lease is qualified if the applicant or bidder:
(a) Is an individual at least eighteen (18) years of age or over; or
(b) Is a group, association, or corporation which is authorized to conduct business under the laws
of Alaska; or
(c) Is acting as an agent for another and has qualified by filing with the City Manager a proper
power of attorney or a letter of authorizaCion creating such agency. The agent shall represent
only (1) one principal to the exclusion of himself. The term "agenP' includes real estate brokers
and agents.
22.05.025 Applicafions.
(a) All applicaCions for lease of lands shaIl be filed with ehe City Manager on forms provided by
the City available at City Hali. ApplicaYions shall be dated on receipt and payment of filing fee
and deposrt. No application will be accepted by the City Manager unless it appears to the City
Manager to be complete. Filing fees are not refundable.
(b) WiCh every applica~ion, the appiicant sha11 submit a development plan, showing and stating:
(1) The purpose of the proposed lease;
(2) The use, value and nature of improvements to be const~-ucted;
(3) The type of construction;
(4) The dates construction is estimated to commence and be completed (ordinu~ly a '__
maximum of two (2) years); and
(5) Whether intended use complies with the zoning ardinance and comprehensivc plan of the
City. Applications shall become a part of the lease.
22.05.030 Filing fee and deposif.
(a) When submitting an applicaYion for lease of Iand, the applicant shall
(1) pay a non-refundable filing fee in Che amount of one hundred dollars ($100.00); and
(2) mal~e a deposit to show good faiYh and secure the City in payment o~f any costs in Uie
following amounts:
(i) an appraisal cost recovery deposit of two thousand dollars ($2,000.00); and
(ri) an engineering, surveying and consulting cost recovery deposit of Cwo thousand dollars
($2,000.00).
(b) If the City decides to reject the applicant's application and not enter into a lease with tke
applicanC through no fault of the applicant or failure of the applicant to comply with any
requirement of this chapter, any deposit made under (a)(2) of this section will be returned to the
applicant.
(c) If the City enters info a lease with the applicant any deposit made by the applicant under
(a)(2) of this sect'ron will be applied Co the City's engineering, appraisal, and consulYing costs
related to the processing of the applicanYs appiication and entering into the lease. The City will
apply any unused balance of a deposit to the rent payable under the lease. If the City's costs
exceed the amount of any depasiC, the applicant shall pay the shortage to the City as a condition
of the lease.
Ordinance No. 2200-2006 Attachment A
(11/21/06) Page 3 of ll
(d) If the applicant fails to comply with any requirement of this chapter, causes inordiuate delay,
as determined by the City Manager, or refuses to sign a]ease offered to the applicant, tl~e Ciry
Manager will reject the applicanC's application and apply any deposit made by the applicant
under (a) of this section to the City's appraisal, engineering, and consulting costs incurred in
connection with the applicant's application. If the City's costs for appraisal, engineering and
consulting costs exceed the deposits, the applicant will be responsible far these costs. The City
will return any unused deposit balance Yo the applicant.
22.05.035 Rights prior to leasing.
The filing of an applicaCion for a lease shall give the applicant no right to lease or Co the
ase of the land for which they have applied. The appiication shall expire within twelve (12)
months after the application has been made if a lease has not been entered into between the City
and the applicant by that time unless Che CiCy Council for good cause grants an extension. No
extension may be granted for a period longer than six (6) additional months: L,ease raYes are
subjecf to change on Che basis of an appraisal done every twelve (12) months on the property
applied for.
22.05.040 Processing procedure.
(a) Applicafions shall be farwarded to the Planning and Zoning Comm~ssion upon receipt. The
Planning and Zoning Commission shall normally consider applications for specific lands on a
first-come, firsC-served basis if the Commission finds that the application is complete and
conforms to the comprehensive plan and the Kenai Zoning Code. Where there is difficulty in
obeaining a perfected application, details as to development plans, etc., or where the applicant
~~ fails to comply with direcCions or requests of the Planning and Zoning Commission, any such
priarity will be losC. If an application For the purchase of City-owned lands, previously
authorized for sale by Yhe Council, is received by the City prior to the Kenai Plamung and
Zoning Commission making an affirmative or negative recommendation eo the Council
regarding the lease applicarion for the same property, the City may elect to sell said property in
accordance with the provisions of the Code.
(b) The City Council shall normally consider a lease proposal only after approval of Yhe Pianning
and Goning Commission. However, appeais of Planning and Zoning Commission disapproval
may be made to the CiCy Council. Completed lease applications must be presented to the City
Cc~uncil within thirty (30) days after approval by the Planning and Zoning Commission.
(c) Where there are two (2) or more applica~ions for the same iands for different uses, ihen if the
Planning and Zoning Commission makes a finding that a subsequent applicafion would resulL in
use of the lands for a higher and better purpose with a greater benefit Co the City of Kenu a~id the
citizens thereof, then Yhe lease will be issued to such applicant notwithsTandin~ the provisions of
subparagraph (a) in this secYion which provide for leasing on a first-come, First~erved basis.
Any applicant may appeal to the City Council from a finding ar a refusal to find by the Planning
and 2oning Commission by filing an appeal with the City Clerk within seven (7} days afCer Che
finding is made or refused by the Planning and Zoning Commission.
(d) The decision whether or nof Co lease land rests in the sole discretion of the City Council.
Ordinance No. 2300-2006 Actachment A
(11/21/06) ~ Page 4 of 11
22.05.045 Review.
No leased land may be changed in use, nor may any renewal lease be issued until the
proposed use or renewal has been reviewed by Yhe Planning Commission and approved by the ~
Council.
22.05.050 Appraisal.
No land shall be sold, leased, or a renewal of lease issued, unless the same has been
appraised wiYhin a twelve (12) monCh period prior to the sale or date Fixed for beginning of the
term of the lease or renewal lease. No land sha11 be leased for less than the approved appraised
annual rental. Appraisals shall reflect the number and vaiue of City services rendexed Yhe land in
question.
22.05.055 Terms of lease.
All leases shall be approved by the City Council before the same shail become effectivc.
The term of any given lease shall depend upon Yhe durabiliCy of Che proposed use, Che amount of
invesYment in improvement proposed and made, and the nature of the improvement proposed
wiYl~ respect to durabIlity and rime required fo amoi2ize Che proposed investment.
22.05.060 Annual minimum rental.
(a) Annuai m'rnimum rentals sha11 be computed from the approved appraised mazket value
uYilizing the method as described in KMC 22.05.070 below.
(b) Upon execution of the lease, the lands become taxable to the extene of its leasehoid interest
and lessee shall pay all real property taxes levied upon such leasehold interesC in Chese lands, and
shall pay any special assessments and t~es as if he were the owner of said land.
(c) Rent shall be paid annually in advance. Said payments shall be prorated to conform to the
City of Kenai's fiscal year beginning July 1 and ending 7une 30. If the equivalent monthly
payment exceeds two hundred dollars ($200.00), fhen Yhe lessee shali have the opfion of making
payments on a monthly basis.
(d) Lessee shall be responsible foz a11 sales taxes applicable to its operations.
22.05.065 Bidding procedure.
As an exception to general policy lisCed above, the City Councii may designate a specific
lot or loCS to be made available only far bid. This provision shall apply only when there is no
outstanding applicarion pending on the lot or lots. As designated, sealed bids shall be received
offenng a one-Cime premium in addition to the established lease rate. Highest bid, however,
shali be subjecY to all provisions of review and approval established for all oCher lease
applications.
22.05.070 Principles and policy of lease rates.
(a) A fair return to the General Fund is the policy of the Ciry, unless deviarion from that policy is
in the best inCerest of the City as determined by the Ciry CouncIl. To ensure a fair return, all
leases for a period in excess of five (5) years shall include a redetermination clause as of the fiftll
anniversuy, and all lands for lease shall be appraised prior Co lease and again prior to
redetermination. Lease rates:
(1) Shall be based on fair market value of the land, including an appropriate eonsideration of
facilities and services available (public waYer, public sewer, storm sewers, and other publrc
Ordinance No. 2200-2006 Attachment A
(11/21/O6) Page 5 of 11
utilities) as determined Uy a qualified independent appraiser, considering the best use of the
specified land; and,
(2) Shall be eight pexcent (8 %) of fair maxkeC value.
(b) Far Ieases in existence prior to the effective date of this chapter, the lease rate
redetermination shall be as provided in the lease.
(c) The City Manager shall change Yhe rent in a lease by g~ving the lessee wriften notice aC least
thirty (30) days in advance of the effective date of the change.
(d) The "Fair Market Value" of Yhe Premises sha17 be equal to the Yhen-fair market ra¢e for
similar commerciat property in the City of Kenai, Alaska (the "Relevant Area"). City shall give
notice Co Lessee of City's estimation of the Fair Market Value not latcr than thirty (30) days prior
to the expiration of the then-applicable five-year period, as evidenced and supported by the
written opinion of an independent real estate appraiser certified under Alaska Statute 8.87,
~ selected and paid for by the Cify, familiar with the Relevant Area (the "First Appraiser"). If
Lessee disagrees with such estimaCe, it shal] advise the City in writing thereof within Yhirty (30)
days of Lessee's receipt of such estimate, as evidenced and supported by the written opinion of a
real estate appraiser certified under Alaska Statute 8.87 (selecCed and paid for by Lessee) familiar
with the Relevant Area (the "Second Appraiser"). The parties shall promptly meet to attempt to
resolve their differences between the First Appraiser and the Second Appraiser conceining the
Fair Market Value of the Premises. IP CiYy and Lessee cannot agree upon such value then, witl~
all dellberaCe speed, they shall direct Che Frr•st Appraiser and the Second Appraiser to
expeditiously and mutually select a third real estaCe appraiser certified under Alaska Statute 8.87
(selected and paid for jointly by the parties) familiar with the Relevant Area (the "Third
Appraiser"). Within thirty (30) days after the Third Appraiser has been appoinCed, the Third
._ Appraiser shail decide which of the Cwo respective appraisals from the First Appraiser and the
Second Appraiser most closely reflects the Fair Market Value of the Premises. The Fair Market
Value of the Premises shall in~ebuttably be presumed to be the value contained in such appraisal
selected by the Third Appraiser, and the renCal sha11 be redetermined based on such value.
Notwithstanding anything to the contrary herein, rental shall continue to be paid at the then-
applicable rate until any such new rental rate is established, and Lessee and City shall promptly
pay or ref~nd, as Che case may be, any variance in Che rencal, without interest thereon accruing to
the extent to paid/refunded in a timely fashion.
22.05.075 Reimbursement for city-constructed iinprovements.
(a) The City Manager may include in a lease a requirement for the lessee to reimburse the City
for Che City's cost of
(1) land ciearing, gravel fill, utility extensions and other improvements or amenities on or in
direct connection with the premises, constructed by the City prior to the effective date of the
lease; or ~
(2) land clearing, gravel fill, urility extensions and other improvements or amenities on or in
direct conneetion with the premises, whieh the City agrees to construct as a condition of dle
lease, subject to City Council approval.
(b) The I,essee shall reimburse the City for the City's cost of constructing fl1e improvements in
ten (10) equal annual payments, plus interest at eight percent (8%) per year on the unpaid
balance. If the ]ease is for less than fen (10) yeus, the repayment schedule may not be longer
than the term of the lease. The Lessee may pay the entire remaining balance to the Ciey at any
~~~~ ~~ Cime during the term of the lease.
Ordinance No. 2200-2006 Attachmeilt A
(I1/21/06) Page 6 of I1
22.05.080 Lease execution.
The lease applicant sha11 execute and return the appropriate lease agreement with the City ~ ~
o'f I~enai within thirty (30) days of mailing the agreement to said applicant. The lease agreement
shall be prepared in accordance wiCh the requirements of this tifle. Failure to execute and return
the lease agreement within the specified period shall result in the forfeiture of a11 leasing righfs.
22.05.085 Lease utiliaation.
Leased lands shall be utilized for purposes within the scope of the appiication, the terms
of the lease and in conformiry with the ordinances of the City, and in sabstantial conformity with
the Comprehensive Plan. Utilization or development for oCher Chan the allowed uses shall
constitute a violation of the lease and subject the lease tc~ cancellation at any time. Failure to
substantially complete the development plan for Che land shall conetituYe grounds for
cancellation.
22.05.090 Conveyance to encourage new enterprises.
(a) Notwithstanding any other provisions of this ehapter, where it is Pound that
encouragement of a new commercial or industrial enterprise would be beneficial to the City of
Kenai, the City Counci] by ordinance so finding may direct conveya~~ce of one or more parcels
of City land by the City Manager to such enterprise upon such Cerms as to price, conditions of
conveyance, and with such contingencies as may be set forth in said ordinance.
22.05.095 Sale.
(a) Lands, to which the City of Kenai holds title which a~•e not rest~-icted from sale by the `~_ _~~
Deed of Conveyance to t~he City, or which have been released from such restricfions, which the
City Council has determined are not required for a public putpose, may be listed for sale by the
City Manager, except that lands which have been leased shall not be sold unless the Lessee has
made a written requesC Co the Cify to place the land far sale.
(b) Sales of land pursuant Co subseceion (a) above shali be made at not Iess than fair mu-ket
value. The purchaser shall execute the "Agreement For Sale of Land" within one (1) year of the
date of appraisal. The City Manager has Yhe opCion to dispose of such properties in accordance
with the sale procedures set out in Chis Title:
(1) By negotiated sale; or
(2) By outery auction to the highest responsibie bidder; or
(3) By competitive sealed bids to the highest responsible bidder.
In the event that the sale is not closed wiChin six months of the date of appraisal, the buyer will
be charged, upon closing, interest eomputed in accordance with the applicable provisions of Che
Kenai Municipal Code, based upon the total sales price for Che numUer of days past the
expiration of the six-month period.
22.05.100 Sale procedure.
(a) The City Manager will obtain such an appraisal for a determination of the minimum price
on said land.
(b) Where any party, hereinaffer called "Applicant," reques~s that a tract or tracts of land be
soid for which an appraisal will be required, which will require subdividing, platting, or
Ordinance No. 2200-2006 AYYachment A
(11/21/06) Page 7 of 11
surveying and staking, or which will require advertising or inciuring any other expenditures by
the City prior fo sale,
~ ~ (1) No actions in~preparation for sale will be taken by the City until an agreement to
purchase shall be properly executed and filed with the City Manager far the purchase of such
land with payment of sufficienY good faith deposit, which shall consist of cash or ies equivalent
deposieed with the Finanee Officer of the City of Kenai, as may be determined by the City
Manager, to cover all expenses of Che City and such agreement Yo purchase shall further contain
Che agreemenC by applicant to pay any additional cosTS if said good faith deposit is insufficient to
~ay all costs incurred by the City.
(2) If at any Cime during the process of preparing for sale, the applicant ~ives notice
to the City Manager of withdrawal of the request for saie, the Cify Manager shall stop all
procedures, shal] pay expenses incurred prior to termination of sale procedures, and sha71
reimburse applicant Por any good faiCh deposit advanced in excess of ail expenses incurred.
(However, if another party desires the sale to proceed, files an application for sale, executes and
files an agreement to purchase, and advances sufficient funds therefor, then the prior applicant
will be reimbursed for expenses charges which can be attributed to Che subsequent applicant.)
(3) If all actions necessaiy for preparation for sale have been accomplished, and if
neither the applicant nor any other party purehases said iand when first offered for s~le after such
request, Chen all expenses incurred in preparation for Yhe sale will be paid from the good-faith
deposit, and ehe balance, if any, shall be returned to the applieant. If Che sums advanced as good
faith deposit are insufficient to pay all of Che costs, the applicant will be billed for the balance
due and normal collection procedures followed.
(4) If Che land applied far is sold on public sale set in response to such request to
anyone other than applicant, then on
~~~ closing of said sale, the good-faith deposit will be refunded in total to the applicant. The City's
expenses will be first deducted from the deposit of the successful bidder.
(5) If the land in question is sold to applicant, the good-faith deposit advanced, after
deducting the City's expenses, will be applied on the payment due at closing.
(6) If the land in question is to be sold by sealed bid and Yl~e applicant has submitted a
valid bid, but said applicant is not the high bidder, he may purchase the land by Cendeizng the
CiCy a bid equal tc~ the high bid within five days of Yhe bid opening. If Che land sale is initiated in
aecordance with KMC 22.05.040(a), the appiicant shall be defined as that party submiYting the
initiallease application.
(c) If the tract of iand proposed to be sold is leased 1and, the Iessee may requesY the sale of
said land at not less than the fair markeC value. The cun~ent lessee obtains this right to request a
sale only after, Co the satisfaction of the City Manager, development has been completed as
detailed in the development schedule which has been incorporated into the ]ease agreement. If
there is no development schedule, the lessee may purchase the property if there have been ~
substantial impr•ovements as determined by the City Manager. The decision whether or not to
sell the la~~d to the lessee rests with the sold discretion of the City.
(d) If the tract of land proposed Co be sold is not leased land, or is leased land wifhout
subseantial improvements, Chen the tract of land may only be sold by outcry auction or by
competitive sealed bids. If the tract is Yo be put up for such competitive auction or sealed bid
sale, notice of sale and the manner in which the land is to be sold shall be published in a
~ newspaper of general eirculation within the City once each week for two successive weeks not~
~ less than 30 days priar to the date of sale; such notice shall aiso be posted in at least three public
Ordinance No. 2200-2006 Attachment A
(11/21/06) Page 8 of 11
places within the City at least 30 days prior to The date of sale, and such other notice may be
given by such other means as may be considered advisable by the City Manager. Such notice
must contain:
(1) the legal description of the land,
(2) a brief physical description of Che land,
(3) the area and generai location of the land,
(4) the minimum acceptable offer for the land (which shall be its appraised fair
market value),
(5) the terms under which the land will be sold,
{6) any limitations on the saie oP said land,
(7) Yhe time and place set for the auction or bid opening,
(8) the amount of deposit Yo be submitted with each bid in order to cover the City's
expenses such as survey, appraisal, and reviews,
(9) any other matters concerning Che sale of which the City Manager believes the
public should be informed.
(e) If no offers are submifted meeting fhe minimum acceptable offer (or appraised valuation),
the City Manager may negotiate for sale of said tract or tracts of land with a modification of
proposed terms or for less than the appraised valuation provided that no such negotiated sale for
less than appraised value shall be binding upon the City unless the teims and price therein are
approved by resolution of the City Council.
(~ Where a real estate agent furnishes a buyer for City land, the closing agent shall be
authoiized to pay said agent a real estaCe commission of five percent (5%) of the purchase price
for the land or five percent (5%) of the appraised fair markeY value of Che land, wl~ichever is
lower, under the foliowin~ teims and conditions:
(1) The City Manager shall provide a non-exclusive listing of lands available for sale.
(2) No eommission shall be paid to an agent where said agent is a party, or in privity
with a party, to said sale.
(g) Closing of sale of City lands shall be handled by a title or escrow company within the
city which specializes in closing of real estate sales.
(h) Conveyance of City lands shall be by guit claim or warranty deed furnished by the City,
and buyers are advised that all such conveyances are subject to a111iens, encumbrances,
restrictions, and covenants of record and are specifically, without being limited tbereto, subjecC
to any unreleased restrictions contained in the deed or deeds by which the City received title to
the land.
(i) If a buyer desires to obtain a preliminary commitment for title insurance or title insurance
to the land, then it shall be the xesponsibility of Yhe buyer Yo obtain such commitment or
insurance and to pay for the same.
(j) If Yhe CracY or tracfs of land are sold under terms by which the City is to accept a note as a
poi-~ion of the purchase price, che note and aecompanying deed of trust must be prepa~-ed by an
attorney, but must be approved by the City Attorney prior to closing.
(k) Said noCe shall be placed for collection with a bank selected by the City Manager, which
may be changed from time Co time, and which shall be the bank in which City funds a~-e
deposifed. The set-up fee to initiate coilection may be negotiated as specified in KMC
22.05.100(I), and Yhe buyer shall pay the annual collection fees for such bank collection.
(1) To enable Che City fo compete on an equal basis with private enterprise in lands disposal,
the City Manager is hereby authorized to negotiate a division of the costs of sale listed in I{MC
Ordinance No. 2200-2006 A[fachment A
(11/21/06) Page 9 of 11
22.05100(g)(h)(i)(j) and (k) to a maximum of fifty percent (50%) of the required costs being
~ borne by the City, provided however Yhat no costs of saie wili be paid by the City where ~ sale is
negotiated aC a price below appraised Fair Market Value.
22.05.105 Terms for financing sale of City lands.
(a) In order to expedite and faciiitate the sale of City lands, ehe City Manager is hereby
authorized to aeeept terms for said sales and may accept a note secured by a deed of trust for a
portion of the purchase price thereof, subject to the following restrictions:
(1) If the sale is to a lessee who has placed a lien for financin~ upon the land or
improvements, then the City Manager is noC authorized to sell the land except far total cash
paymenY, provided, however, thaC the City Manager may accept a note secured by a deed of trust
subardinate to the existing security interest if the amounC of Che note thereby secured is wiLhin
ehe difference between the fair market value of the land with improvements, and Yhe sum of all
priar security inCerests. The sale documenCs shall be subject to Che same restiictions contained in
the lease as the lease provides at the time of sale.
(2) ExcepY for properCy sold by the City subsequene to foreclosure for delinquent
taxes or assessmenCS, prior to making a determination to accept a note and deed of trust ~from a
prospective purchaser, the City Manager shali secure a preliminary coinmitment for title
insurance and a review of the grantee index covering the party desiring Yo purchase Che land from
the title company in the local recording district, and no credit will be advanced on such sale if
There are any clelinquent liens or unpaid judgments found in the titie company report untii any
such judgments or liens are paid and releases therefor have been filed.
(3) In the event of a credit sale, the down payment required sha11 be determined by
the City Manager, but shall not be less than fifteen percenf (15%) of the sales price.
(4) The City Manager is noY auYhorized to accept terms for Yhe sale of tax-foreclosed
lands unless the down payment to be received thereunder, or other sums appropriated far the
purpose, are sufficient to rnake immediate payment to the Kenai Peninsula Borough and th~
former record owner of the sums which are, or may become, due to them pursuant to the
provisions of AS 29.
(b) Tf the City Manager determines that it is in the City's interest to sell City lands, the sale
shall be either a cash transacrion or by a noee secured by a deed of t7ust, subject to paragraph (a)
above, and by no other means. The note and deed of trust shall carry terms as follows:
(1) The term of such note may be set by Che City Manager, but is shall provide for
monthly payments and not exceed Cwenty (20) years unless a longer period for a specific sale of
land is approved by resolution of the City Council.
(Z) Such noCe shall bear interest at a rate to be determined by the City Council by
resolution.
22.05.110 Determination as to need for puUlic use.
(a) Whether land shall be acquired, reYained, devoYed, or dedicated Yo a public use shall be
determined by ordinance whieh shali contain the public use for which said property is to Ue
dedicated, the legal descripYion of the property, and the address or a general description of Yhe
property sufficient Yo prodrde Che public with notice of its locaeion.
(b) Whether land previously dedicated to a public use should be dedicated to a different
public use or should no longer be needed for public use shall be determined by the City Councii
by ordinance which sha11 contain Yhe new public use for which said propei-~y is Co be dedicated or
Ordinance No. 2200-2006 Attachment A
(11/21/06) ~ Page 10 of 11
the reason the land is no longer needed for public use, the ]egal description of the proper~y, and
the adcU-~ss or a general descripCion of the property sufficient to provide the public with notice of
its location.
22.05.115 Property exchanges.
The Council may approve, by ordinance, after pubiie notice and an opportunity for public
hearing, fhe conveyance and exchange of a parcel of City property for property owned by
another person subject to such conditions as Council may impose on the exchange, whenever in
the judgmenf of the City Council it is advantageous to the City to make the property exchange.
22.05.120 Property sale to adjacent owners.
The council may approve, by ordinance, after public notice and an opportunity for public
hearing, the sale and conveyance of a parcel of City property at ifs appraised value w the owner
of adjacent land whenever, in the judgment of the City Council, the parcel of land is of such
small size, shape, or location that it couid not be put to practical use by any other party and, in
addition thereto, where there is no foreseeable need of'the land for any fueure use by the City.
22.05.125 Grant or devotion.
The Council, by ordinance, may waive the provisions of this chapter and lease, grauf or
devote real property no longer needed by the City for public purpose to the United States, the
State of Alaska, a local political subdivision of the STate of Alaska, ar any agency of any of these
gc~vernments or a non-profit corporation, for a consideration agreed upon between the City and
grancee withouC a public sale if the grant, devotion ar lease is advantageous to the City.
22.05.130 Use permits.
The council may authorize the city manager to grant permiYs for fhe temporary use of real
property owned by the city for a period not Yo exceed five (5) years, withouf appraisal of the
value of the property or public auction, for any purpose compatible with the zoning of the land,
and on such terms and for such rentals as the council shall determine,
22.05.135 Acquisition of Real Property
(a) The city, by authorization of the city council, expressed in a resolution for such purpose,
may lease, purchase or acquire an interest in real property needed for a public use on such ter7ns
and conditions as the council shail deternune, but no purchase sha17 be made until a qualified
appraiser has appraised the property and given the council an independent opinion as to the fuli
and true value thereof;
(b) Because of the unique value of real property, the city need not acquire or lease real
property by competitive bidding.
(c) Rights-of-way and easements may be accepted or issued by the City Manager after
approval by the City Council for utility lines and services of all types and for necessa~ry rights-of-
way easements.
Ordinance No. 2200-2006 Attachment A
(l ll21/06) Page I1 of 11
- '
SUBSTITUTE
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2200-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
THE EXISTING TITLE 22 OF THE KENAI MUNICIPAL CODE AND REPLACING IT WITH
A NEW TITLE 22 ENTITLED GENERAL FUND LANDS.
WHEREAS, the City of Kenai has undergone a long process of examining its city code
provisions regarding land ownership and disposition; and
WHEREAS, the City of Kenai has re-written its land code regarding airport land both
within the newly created airport reserve and outside of the airport reserve; and
WHEREAS, the City of Kenai in its capacity as a general fund entity and in its capacity
as an airport both own land; and
WHEREAS, the requirements for land ownership and disposition for general fund and
airport land are different; and
WHEREAS, the City of Kenai should update and revise the city code regarding land
ownership and disposition of general fund land; and
WHEREAS, it is in the best interest of the City of Kenai to revise and replace its
existing Title 22 with a new Title 22 entitled "General Fund Lands."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the existing Title 22 (City Owned Lands) is hereby repealed and replaced
by a new Title 22 (General Fund Lands) as shown on Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
Deeember 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: November l, 2006
Adopted: December 20, 2006
Effective: January 20, 2007
Title 22
GENERAL FUND LANDS
Chapters:
22.05 Disposition of City Lands
SUBS1"ITUTE Ordinance 2200-2006 Attachment A
Page I of 11
Title 22.05
DISPOSITION OF CITY G~NERAL FtiND LANDS
Sections:
22.05.O10 Powcr to dispose of real property.
22.05.015 Sale or disposal.
22.05.020 Qualifications of applicants or bidders.
22.05.025 Applications.
22.05A30 Filing Fee and deposit.
22.05.040 Processing procedure.
22.05.045 Review.
22.05.050 Appraisal.
22.05.055 Terms of lease.
22.05.060 Annual minimum rent.
22.05.065 Bidding Procedure.
22.05.070 Principals and policy of lease rates.
22.05.075 Reimbursement for city-constructed improvements.
22.05.080 Lease Execution.
22.05.085 Lease Utilization.
22.05.090 Conveyance to encourage new enterprises.
22.05.095 Sale.
22.05.100 Sale procedure.
22.05.105 Terms for financing sale of city lands.
22.OS.llO Determinations as to need for public use.
22.05.115 Property exchanges.
22.d5.120 Property sales to adjaoent owners.
22.05.125 Grant or devotion.
22.05.130 Use Permits
22.05.135 Acquisition of Real Property.
22.OSA10 Power to dispose of real property.
(a) The provisions of this Chapter apply to general fund real pxoperty.
(b) The City may sell, convey, exchange, transfer, donate, dedicate, direct, or assign to use,
or otherwise dispose of City-ownEd real property, including property acquired, held tor, or
devoted to a public use, only in accordance with this chapter, and, with respect to properties
acquired through foreclosure for taxes, in compliance with those terms and provisions of AS 29
whieh home-rule municipalities are required to comply with. Disposal or sale of lands shall be
made only wheu, in the judgmenY o~P Ule City Council, such lands are not required for a publie
purpose.
SUBSTITUTE Ordinance 2200-2006 Aftachment A
Page 2 of 11
22.~05.015~ Sale or disposal.
The City may sell or dispose of real property by warranty or quit-ciaim deed, easemenf, lease,
grant, permit, license, deed of trust, mortgage contract of sate of real properiy, plat dedication,
tax deed [WILL], or any other lawful method or mode of conveyance or grant. Any instrument
requiring executioil by the City shall be signed by the City Manager and attested by the City
Clerk. The form of any instrument shall be approved by the City Attorney.
22.OSA20 Qualifications of applicants or bidders.
An applicant or bidder for a lease is qualified if Che applicai~t or bidder:
(a) Is an nldividual at least~eighteen (18) years of age or over; or
(b) Is a group, association, or corporation which is authorized to conduet business under ihe laws
of Alaska; or
(c) Is actin~ as an agent for another and has qualified by filing with the City Manager a proper
power of attorney or a letter of authorizafion creating such agency. The agent shall represent
only (1) one principal to the exclusion of himself. The term "agenP' includes real estate brokers
and agenTs.
22.05.025 Applications.
(a) All applications for lease of lands shall be filed with the City Manager oi1 forms provided by
the City available at City Ha11. Applications shall be dated on xeceipt and payment of filing fee
and deposit, No appiicatic~n will be accepted by the City Manager unless it appears to the Cify
Manager to be complete. Filing fees are not refundable.
(b) With every application, The applicant shall submit a development plan, showing and stating:
(1) The purpose of fhe proposed lease;
(2) The use, value a~1d nahire of improvements to be constructed; ~
(3) The type of construcfion;
(4) The dates construction is estimated to commence and be completed (ordinarily a
maximum of two (2) years); and
(5) VJhether intended use complies with the zoning ordinance and comprehensive plan of the
City. Applications shali become a pai~t of the lease. ~
22.05.030 Filing fee and deposit.
(a) When submitting an application for lease of land, the applicant shall
(1) pay a non-refizndable filing fee in the amount of one hundred dollars ($100.00); and
(2) make a deposit to show good faith and secure the City in payment of any costs in fhe
following amounts:
(i) an appraisal cost reeovery deposit of two thousand dollars ($2,000.00); and
(ii) an engineering, surveying and coilsulting cosT recovery deposit of two thousand dollars
($2,000.00).
(b) If the City decides to reject the applicanYs applicafion and not enter into a lease wiTh the
applicant throu~h no fault of the applicant or failure of the appiicant to compiy with any
requirement of this chapter, any deposit made under (a)(2) of this section will be retunled to the
applicant.
(c) If the City enters iuto a lease with the applicant any deposit made by the applicant under
(a)(2) of this section will be applied to the City's engineering, appraisal, and eonsulting costs
related to the processing of the applicant's application and enTering into the Iease. 'I'he City will
SUBSTITUTE Ordinance 2200-2006 AYtachment A
Page 3 of 17
apply any unused balance of a deposit to the rent payabie under the lease. If the CiCy's costs
exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition
of the lease.
(d) If the applicaait fails to comply with any requirement of this chapter, causes inordinate delay,
as determined by the City Manager, ox refuses to sign a lease offered to the applicant, the City
Manager wi11 reject the applicanYs application and apply any deposit made by the applicant
under (a) of this section to the City's appraisal, engineering, and consulting costs incurred in
cc~nnection with Yhe applicanYs application. If the City's costs for appraisal, engineering and
consulting costs exceed the depo"sits, the applicant will be responsible for these costs. The City
wili reYurn any unused deposi2 balailce to the ap~licant.
22.05.035 Rights prior to leasing.
The filing of an applicarion for a lease sha11 give the applicant no right to iease or to the
use of the land for which they have applied. The application shall expire wiChin twelve (12)
months after the application has been made if a lease has not bcen entered into betcveen the City
and the applicant by that time unless the City Councii for good cause granfs an extension. No
extension may be grailted for a period longer thai~ six (6) additional moilths. Lease raYes are
subject to change on the basis of an appraisal done every twelve (12) months on the property
applied for.
22.05.040 Processing procedure.
(a) Applications shall be forwarded to the Planning and 7oning Commission upon receipt. The
Planning and Zoning Commission shall normally consider applications for specifie lands on a
first-coine, fiist-served basis if the Commission finds that the application is complete and
~~~ conforms to the comprehensive plan and the Kenai Zoning Code. VJhere there is difficnlty in
obtaining a perfected application, details as to development plans, etc., or where the applicazlt
fails to comply with directions or requests of the Planning and Zoning Commission, any such
priority will be Iost. If an a~plication for the purchase of City-owned lands, previously
authorized for sale by the Council, is received by the City prior to the Keiiai Planning and
Zoiring Commission making an a~r~native or negative recoinmendation to the Council
regarding the lease application for the same property, Che City may elect to sell said property in
accordance with the pxovisions of the Code.
(b) The CiCy Council shall normally consider a Iease proposal only after approval of the Planning
and Zoning Commission. However, appeals of Planning and Zoning Commission disapproval
may be made to the City Council. Completed lease applicaYions must be presented to the CiTy
Council within thirty (30) days after approvai by the Planning and Zoning Commission.
(c) Where there are two (2) or more applieaYions for the same lands for different uses, then if the
Planning and Zoning Commission makes a finding that a subsequent application would result in
use of the lands for a higher and better purpose with a greater benefit to the City of Kenai and the
citizens thereof, then the Iease [WILL] may be issued to such applicant izotwithstanding the
provisions of subparagraph (a) in this section whieh provide for leasing on a first-come, first-
served basis. Any applicant may appeal to the City Council from a fmding or a refusal to find by
the Planning and Zoning Commission by filing an appeal with the City Clerk within seven (7)
days after the finding is made or refused by the Planning and Zoning Commission.
(d) The decisiou whether or not to lease Iand rests in the soie discretion of the City Council.
SUBSTITL"LE Ordinance 2200-2006 AtYachment A
Page 4 of 11
22.05.045 Review.
No leased land may be changed in use, nor may any renewal lease be issued until the
proposed use or renewal has been reviewed by the Planning Commission and approved by the
CounciL
22.05.050 Appraisal.
No land shall be sold, leased, or a renewal of lease issued, unless the same has been
appraised within a twelve (12) month period prior to the sale or date fixed for be~inning of'the
term of the lease or renewal lease. No land shall be leased for less than Yhe approved appraised
annual rental. Appraisals shall reflect the number and value of City services rendered the land in
question.
22.05.055 Terms of lease.
A11 leases shall be approved by the City Council before the same shali become effective.
The term of any given lease shall depend upon the durability of the proposed use, the amount of
iilvestment in improvemenf proposed and made, and the nature of the improvement proposed
with respect Yo durability and time required to amortize the proposed inves2ment.
22.05.060 Annual minimum rental.
(a) Annual minimum rentals shall be computed from the approved appraised market value
utilizing the method as described in KMC 22.05.070 below.
(b) Upon execution of the lease, the lands become taxable to the extent of its leasehold interest
and lessee sha11 pay all real property taxes levied upon such leasehold interest in ihese lands, and ~
shall pay any special assessments and taxes as if he were the owner of said land. _
(c) Rent shall be paid annually in advance. Said payments shall be prorated to conform to the
City of Kenai's fiscal year beginning July i and ending June 30. If the equivalent monthly
payment exceeds Cwo hundred dollars ($200.00), then the lessee shall have the option of making
payments on a monthly basis.
(d) Lessee shall be responsible for ail sales taxes applicable to its operations.
22.05.065 Bidding procedure.
As an exception to general policy listed above, the City Council may desi~nate a specific
lot or loYs to be made available only for bid. This provision shall apply only when there is no
outstanding application pending on Che lot or lots. As designated; sealed bids shall be received
offering a one-time premium in addition to the established lease rate. Highest bid, however,
shall be subject to all provisions of review and approval established for all other lease
apptications.
22.05.070 Principles and policy of lease rates.
(a) A fair return to the General Fund is the policy of the City, unless deviation from that policy is
in the best inYerest of the City as determined by fhe City Council. To ensure a fair return, a11
leases for a period in excess of five (5) years shall include a redetermination clause as of ihe fifth
anniversary of the lease and every flve vears thereafter, and all lands for lease shall be appraised
prior to lease and again prior to redetermination. Lease rates:
(1) Shall be based on fair market value of the land, including an appropriate consideratic~n oP
facilities and services available (public water, public sewer, storm sewers, and other public
SUBSTITUTE Ordinance 2200-200G AttachmenY A
Page 5 of i I
utilities) as determined by a qualified independent appraiser, considering the best use of the
specifed land; and,
(2) Shall be eight percent (8 %) of fair market value.
(b) For leases in existence prior to the effective date of this chapter, the lease rate
redetermination shall be as provided in the lease.
(c) The City Manager sha11 change the reilt in a lease by giving the lessee written notice at least
thirty (30) days in advance of the effective date of the chauge.
(d) The "Fair Market Value" of the Premises shali be equal to the then-fair market rate for
similar commercial propei~ty in 2he City of Kenai, Alaska (the "Relevant Area"). City shail give
norice to Lessee of City's esrimation of the Fau MarkeC Value not later than thirty (30) days prior
to The expuaflon of the then-applicable five-year period, as evidenced and supported by the
writTen opinion of an independent real estate appraiser certified under Alaska Statute 8.87,
selected and paid for by the City, familiar with the Relevant Area (the "First Appraiser"). If
Lessee disagrees with such estimate, it shaii advise the City in writing thereof within fhirty (30)
days of Lessee's receipt of such estimaCe, as evidenced and supported by the written opinion of a
real estate appraiser certified under Alaska Statute 8.87 (selected and paid far by Lessee) familiar
with the Relevan2 Area (the "Second Appraiser"). The parties shall promptly meet to attempt to
resolve their differences between the First Appraiser and the Second Appraiser concerning the
Fair Market Value of the Pxemises. If City and Lessee cannot agree upo~~ such value Chen, wiCh
all deliberate speed, they shali direct ti~e First Appraiser and the Second Appraiser To
expeditiously and mutually seleet a third real esTate appraiser certified under Alaska Stalute 8.87
(selected and paid for jointly by the parties) familiar with the Relevant Area (the "Third
Appraiser"). Within thirty (30) days after the Third Appraiser has been appointed, the Third
Appraiser shall decide which of the two respective appraisals from the First Appraiser and the
~~~~ Second Appraiser most closely reflects the Fair Market Value of the Premises. The Fair MarkeE
~ Value of the Premises shall irrebuttably be presumed to be the value contained in such appraisal
selected by the Third Appraiser, and the rental shall be redetermined based on such value.
Norivithstanding anything to the contrary herein, rentai shall continue to be paid at the then-
applicable rate until any such new rental rate is esYablished, and Lessee and City shall promptly
pay or refund, as fhe case may be, any variance in the ren2al, without interest thereon accruing to
the extent to paid/refunded in a timeiy fashion.
22.05.075 Reimbursement for city-consfructed improvements.
(a) The City Manager may include in a lease a requiremeilt for the lessee to reimburse the City
far the City's cost of
(1) land clearing, gravel fill, utility extensions and other improveinents or amenities on or in
direct connection with the premises, constructed by the City priar to the effective date of the
lease; or
(2) land clearing, gravel fll, utility extensions and other improvements or amenities on or in
direct connecrion with the premises, whieh the City agrees to construct as a eondiYion of the
lease, subject to City Council approval.
(b) The Lessee shall reimburse the City for the City's cost of coustrucTing the improvements in
ten (10) equal annual payments, pius intexest at eight percent (8%) per year on the unpaid
balance. If the lease is for less than ten (10) years, the repayment schedule may not be longer
than the term of the Iease. The Lessee may pay the entire remaining balazice to the City at any
~ Yime during the term of the lease.
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page 6 of 1 I
22.05.080 Lease execution. ~ ~
The lease applicant sha11 execuTe and return the appropriate lease agreement with the City ~
of Kenai within thirty (30) days of maiiing the agreement to said applicant. The lease agrcement
shall be prepared in accordance with the requirements of this title. Failure to execute and return
the lease agieement within the specified period shall resulC in ihe forfeiture of all leasing rights.
22.Q5.085 Lease utitization.
Leased lands shall be utilized for purposes wiThin the scope of the application, the ternzs
of the lease and in conformity with the ordinances of the CiCy, aud in substanfial conformity with
the Comprehensive Plan. Utilizafion or development for other than Yhe allowed uses shall
constitute a violation of the lease and subject the lease to canceilation at any time. Failure to
substantially complete the development plan for the land shall constitute growids for
cancellation.
22.05.090 Conveyance to encourage new enterprises.
(a) Notwithstanding any other provisions of this chapter, where it is found that
encouragement of a new commercial or industrial enterprise wouid be beneficial to the City of
Kenai, the City Council by ordinance so finding may direct conveyance of one or more parc,els
of City land by the City Manager to such enterprise upon such terms as to price, conditions of
eonveyance, and with such eontiugencies as may be set forth in said ordinance.
22.05.095 Sale. ~
(a) Lands, to which the City of Kenai holds title which are not restricted f7om sale by the
Deed of Conveyance to the City, or which have been released from such restrictious, which the ~~ ~~~
City Council has determined are not required for a public purpose, may be listed for sale by the
CiCy Manager, except that lands which have been leased sha11 not be sold unless the Lessee has
made a written request to the City to place the land for sale.
(b) Sales of land pursuant to subsection (a) above shall be made at not less than fair market
value. The purchaser shali execute the "~lgreement For Sale of Land" within one (1} year of the
date of appraisaL The City Manager has the option to dispose of such properties in accordance
with the sale procedures set out in this Title:
(1) By negotiated sale; or
(2) By outcry auction to the highest responsible bidder; or
(3) By competitive sealed bids to the highest responsible bidder.
In fhe event that the sale is not closed within six months of the date of appraisal, the buyer will
be charged, upon ciosing, interest computed in accordance with the applieable provisions of the
Kenai Municipal Code, based upon the Total sales price for the iiumber of days past The
expiration of the six-month period.
22.05.100 Sale procedure.
(a) The City Manager will obtain such an appraisal for a detennination of the minimum price
on said land.
(b) Where any party, hereinafter called "Applicant " requests that a tract or tracts of land be
sold for which an appraisal will be required, which will require subdividing, platting, or
SUBSTITUTE Ordinance 2200-2006 Aftachment A
Page 7 of I l
surveying and staking, or which will require advertising or incurring any other expenditures by
the City priar to sale,
~ (1) No actions in preparation for sale will be taken by tihe City until an agieement to
purchase shall be properly executed and f led with the City Manager for the purchase of such
land with payment of sufficient good faith deposit, which shall consist of cash or its equivalenC
deposited with the Rinance Of'Ficer of the City of Kenai, as may be detexmined by the City
Manager, to cover all expenses of the City and such agreement to purchase sha11 further contain
the agreement by a~plicant to pay any additional costs if said ~ood faith deposit is insufficient to
pay all costs incutired by the City.
(2) If at any time during the process of preparing for sale, the applicant gives notice
to the City Manager of withdrawal of the request for sale, the City Manager shall stop all
procedures, shall pay expenses incurred prior to termination of sale procedures, and shall
reimburse applicant for any good faith depos~t advanced in excess of all expenses incuired.
(I-Iowever, if another pariy desires the sale to proceed, fiies an application ~for sale, executes and
files an agreement to purchase, and advances sufficient funds therefor, then the prior applicaut
will be reimbursed for expenses charg~es wlrich can be attributed to the subsequent appiicazlt.)
(3) Tf a11 actions necessary for preparation for sale have been accomplished, and if
neither tbe applican2 nor any other party purchases said land when first offered for sale after such
request, then all expenses incurred in ~reparation for the sale will be paid from the good-faith
deposit, and the balance, if any, shall be returned to the applicant If the sums advauced as ~ood
faith deposit are insufficient to pay all oPthe costs, the applicant will be billed for the balance
due and normal collection procedures followed.
(4) If the land applied for is soid on public sale set in response to such request to
,_ anyone other than applicant, then on
~ closing of said sa1e, the good-faith deposit will be refunded in toCal to the applicant. The City's
expenses wili be first deducted from the deposit of the successful bidder.
(5) If the land in question is sold to applicant, the good-faith deposit advanced, after
deducting fhe City's expenses, will be applied on the payment due at closine.
(6) If the land in question is to be sold by sealed bid and the applicant has submitted a
valid bid, but said appiicant is not the high bidder, he may purchase the land by fendering the
City a bid equal to the high bid within five days of the bid opening. If the land sale is inifiated in
accordance wiYh KMC 22.05.040(a), the applicant sha11 be defined as that party submitting the
iniTial Iease application.
(c) If The tract of land proposed to be sold is leased land, the lessee may request the sale of
said land at not less than the fair market value. The current lessee obtains this right to request a
sale only after, to the satisfaction of the CiCy Manager, development has been completed as
detailed in the development schedule which has been incorporated into the lease agreement. If
there is no development sehedule, the lessee may purchase the property if there have been
substantiai improvements as determined by the CiYy Manager. The decision whethcr or not to
seli the land to the lessee rests with the sold discretion of the City.
(d) If the tract of land proposed to be sold is not leased land, or is teased land without
substantial improvements, then the tract oi land niay only be sold by outcry auctiou or by
competitive sealed bids. If the tract is to be put up for such competitive auction or sealed bid
sale, notice of sale and the manner in which the land is to be sold shall be published in a
newspaper of general cireulation within the City once each week for two successive weeks not
~ less than 30 days prior to the date of sale; sueh norice shall also be posted in at least tl~ree public
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page 8 of ll
places within the City at least 30 days ~rior to the date of sa1e, and such other notice may be
given by such other means as may be considered advisable by the City Manager. Such notice ~
must contain: ~ ~
(1) the legai description of the Iand,
(2) a brief physical description of the land,
(3) the area and general Iocation of the land,
(4) the minimum acceptable offer for the land (which shall be its appraised fair
market value),
(5) the terms under which the land will be sold,
(6) any limitations on the sale of said land,
(7) the time and place set for the auetion or bid opening,
(8) the amount of deposit to be submitted with each bid in order to cover the City's
expenses such as survey, appraisal, and reviews,
(9) any other matters concerning the saie of whicl~ the Ciry Manager believes the
public should be informed.
(e) Tf no offers are submitted meeting the minimum acceptable offer (or appraised valuation),
the City Manager inay negotiate for sale of said tract or tracts of land with a modification of
propc~sed terms or for less than the appraised valuation provided that no such negotiated sale fox
less than appraised value shall be binding upon the City unless the terms and price therein are
approved by resolution of the CiCy Council.
( fl Where a real estate agent furnishes a buyer for City land, the closing agent shall be
authorized to pay said agent a real estate commission of five percent (5%) of the purchase price
for the land or five percent (5%) of the appraised fair market value of the land, whichever is
lower, under the following terms and conditions ~
(i) The City Manager shall provide a non-exclusive listing of lands available for sale.
(2) No commission shall be paid to an agent where said agent is a party, or in privity
with a party, to said sale.
(g) Closing of sale of City lands shall be handled by a title or escrow company wiYhin the
city which specializes in closing of real estate sales.
(h) Conveyance of City lands shall be by quit claim or warra~lty deed funrished by the City,
and buyers are advised that ali such conveyances are subject to ali Iiens, encumbrances,
restrictions, and covenants of record and are specificaily, without being Iimited thereto, subject
to any unreleased resCrictions conCained in the deed or deeds by which the City received fifle to
the land.
(i) If a buyer desires to obtain a preliminary commitment for 2itie insurance or title insurance
to tbe land, then it shall be the responsibility of tbe buyer to obtain such commimzent or
insurance and to pay for the saine. ~
(j) If the tract or tracts of land are~ sold under terms by which the City is to accept a note as a
portion of the purchase price, the note and accompanying deed of trust must be prepared by an
attorney, but must be approved by the City Attarney prior to closing.
(k) Said note sha11 be placed for collection with a baiilc selected by the City Manager, which
may be changed from time to time, and whieh shall be the bank in which City funds are
deposifed. The set-up fee to initiate collection may be ne~oriated as specified in KMC
22.05.100(1), and the buyer shall ~ay the annual collecYion fees for such bank collection.
(1) The City Manager is hereby authorized to negoCiate a division of the costs of sale listed in
KMC 22.05.100(g)(h}(i)(j) and (k) to a maximum of fifty percent (50%) of the required costs ~~
SUBSTITUTE Ordinance 2200-2006 Attachment A
Page 9 of I ]
being borne by the City, provided however that no costs of sale will be paid by the City where a
sale is negotiated at a price below appraised Fair Market Value.
22.05.105 Terms for financing sale of City lands.
(a) In order to expedite and facilitate the sale of City lands, the City Manager is hereby
authorized to accept terms for said sales and may accept a note secured by a deed of trust for a
portion of the purchase price thereof, subject to the following restrictions:
(1) If the sale is to a lessee who has placed a lien for f nancing upon the land or
improvements, then the City Manager is not authorized to se11 the land except for Yotal cash
payment, provided, however, that the City Mauager may accept a note secured by a deed of frust
subordinate to the existing security interest if the amount of the note thereby secured is within
the difPerence between the fair markeT value of Che land with improvements, and the sum of all
prior security interes2s. The sale documents shall be subjecf to the same restrictions contained in
the lease as the lease provides at the time of sa1e.
(2) Except for property soid by Che City subsequent Yo foreciosure for delinquent
taxes or assessments, prior to making a deternrination to accept a note and deed of trust from a
prospective purehaser, the City Manager shall secure a prelnninary commitment for title
insurance and a review of the grantee index covering the party desiring to purchase the land from
the title eompany in the Ioca1 recording district, and no aredit wiiI be advanced on such sale if
there are any delinquenY liens or unpaid judgments found in the title company report until any
such judgments or liens are paid and releases Cherefor have been filed.
(3) In the event of a credit sa1e, the down payment required shall be determined by
the City Manager, but shall ~not be less than fifteen percent (15%) of the sales price.
_ (4) The City Manager is not authorized to aceept terms for the sale of tax-foreclosed
lands unless the down payment to be received thereunder, or other sums appropriated for the
purpose, are sufficient to make immediate payment to the Kenai Peninsula Borough and the
former record owner of the sums which are, or nlay beeome, due to them pursuant to the
provisions ofAS 29.
(b) If the City Manager determines that it is in the Cify's interest to sell City lands, the sale
shall be either a cash transaction or by a note secured by a deed of trust, subj ect to paragraph (a)
above, and by no other means. The note and deed of trust shali earry terms as follows:
(I) The term of such note may be set by the Ciry Manager, but is shall provide for
monthly payments azid not exceed twenty (20) years unless a longer period for a specific sale of
land is appioved by resolution of the City Council.
(2) Such note shall bear interest at a rate to be determined by the City Council by
resolution.
22.05.110 Determination as to need for publie use.
(a) Whether land shall be acquired, retained, devoted, or dedicated 2o a pubiic use shall be
determined by ordinance which shall eontain the public use for which said property is co be
dedicated, the legal description of the property, and the address or a general description of'the
property sufficient to provide the public with notice of its location.
(b) Wbether iand previousiy dedicated to a public use should be dedicated to a different
publie use or should no longer be needed for public use shall be determined by the City Council
by ordinailce which shall contain the new public use for which said property is to be dedieated or
the reason the Iand is no longer needed far public use, the legal descriprion of flie properry, and
SU}3STITUTE Ordinance 2200-2006 Attachment A
Page l0 of 1I
the address or a general description of the property sufficient to provide the public with notice of
its location.
22.05.115 Property exchanges.
The Council may approve, by ordinance, after public notice and an opportunity for public
hearing, the conveyance and exchange of a parcel of City property for property owned by
anoYher person subject to such condirions as Councii may impose on the exchange, whenever in
the judgment of the City Council it is advantageous to the City to make the property exchange.
22.05.120 Property sale to adjacent owners.
The council may approve, by ordinance, after public notice and an opportunity for public
hearing, the sale and conveyance of a parcel of City property at its appraised value to the owner
of adjacent land whenever, in the judgment of the City Council, Yhe parcel of land is of such
small size, shape, or Iocation that it eould not be put to pxacticai use by any other pariy and, ii1
addition thereto, where there is no foreseeable need of the land for any future use by the City.
22.05.125 Grant or devotion.
The Council, by ordinance, may waive the provisions of this chapter and lease, ~rai~t or
devote real property no longer needed by the City for public purpose to the United StaYes, the
State of Alaska, a Ioeal political subdivision of the State of Alaska, or any a~ency of any of these
governinents or a non-profit corporation, for a consideratiou agreed upon between the City and
grantee without a public sale if the grant, devotion or lease is advantageous to the City.
22.05.130 Use permits.
The couneil may authorize the city manager to grant permits for the temporary use of real
property owned by the city for a period not Co exceed five (5) years, without appraisal of the
value of Che property or public auction, for any purpose compatible wiYh the zoning of the land,
and on such tenns and far such rentals as the council shall determine.
22.05.135 Acquisition of Real Property
(a) The city, by authorization of the city council, expressed in a resolution for such purpose,
inay lease, purchase or acquire an interest in real property needed for a public use on such texms
and condiYious as the council shall determine, but no purchase shall be made until a qualified
appraiser has appraised the propcrty and given the council an independent opinion as to the full
and true vaiue thereof;
(b) Because of the unique value of real property, the city need not acc~uire or Iease reai
properCy by competitive; bidding.
(c) Rights-of-way and ~asements may be accepted or issued by the City Manager after
approval by the CiTy Council for utility Iines and services of all types and for neeessary righfs-of-
way easements.
SUBSTITUTE Ordinance 2200-2006 Aftachment A
Page I 1 of 11
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CGreuyof /
KENA~ SKA
„V lCa~e t.~ct~r a l'ast Git~ witla u Fi~t~cre„
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMORANI)UM
TO: Mayor Porter and the Kenai City Council
FROM: C~ Cary R. Graves, City Attorney
DAT~: December 13, 2006
RE: New General Fund Land Code
This memo is intended to be an outline the changes from the old general fund land code in Title
22 to the new one as contained in Ordinance No. 2200-2006. The new generaI fund land code is
a combination of the oId general fund Iand code (KMC 22.05), the old airport land code (KMC
21.05-15) and the new airporf non-reserve land code (KMC 2L15). The changes in the
- substitute ordinance frorn the original Ordinauce 2202-2006 axe underlined in this memorandum.
1. KMC 22.05.010 (Power to dispose of real property). This section is almost verbatim as
Yhe existing KMC 22.05.010. It authorizes the City to dispose of general fund land "only
in accordance with" the city code. It states that general fund land inay be sold only when
no2 needed for a public purpose. One o~F the provisions of this secfion states that the City
will follow state statutes in how we dispose of foreclosed property. The section now
refers to AS 29 (Municipal Government) of Yhe Aiaska Statutes instead of "AS
29.53.360-385." The Alaska Statutes cited in the existing code were amendad and
renumbered so they don't exist anymore.
2. KMC 22.05.015 (Sale or disposal). This section is related to the previous one. It allows
the City to dispose of real property by deed, easement, Iease, permit, license, mortgage,
plat or other Iawful method of conveyance. This section is the same as the existing KMC
22.05.020 except that the ability to transfer ~property by will was removed in Yhe
substitute. I reaily couid not envision how the City could transfer awa~propertv bv a
will so I took that word out.
3. KMC 22.05.020 (Qualifications of applicants or bidders). This section is the same as the
existing KMC 2115.020 (in the new airport off-reserve land code). It sets ouT the
quaiifications for lease applicants (i.e. bein~ 18 years oid, or a group, association or
corporation authorized to do business and allows agents~ to represent Iessees).
4. KMC 22.05.025 (ApplicaYions}. This section is the same as the exisfing~ KMC 21.15.030.
It sets out the information to be inchided in lease applications.
Mayor Poiter and Kenai City Council
December ~13, 20066
Page 2 of 4
5. KMC 22.05.030 (Filing fee and deposit). This section is the same as the existing KMC
21.15.040. If requires a$100.00 filing fee, a$2,000 appraisal fee, and a$2,000
administrative fee. Any of the funds not spent in processing the lease application is
refunded to the applicant. If the lease application is denied through no fault of the
applicant the deposits are returned to the applicant.
6. KMC 22.05.035 (Rights prior to leasing). This section is the same as the existing KMC
21.15.050. It states Yhe application does not give the applicailt any right to have the lease
granted. The lease application is good for one year and inay be extended for six months.
7. KMC 22.05.040 (Processing procedure). This section is the same as the existing KMC
2115.060. It provides that lease applications go to Planning and Zoning for review and
then are sent to the Council for approval or rejection. The decision to lease or not to
lease is in the sole discrefion of the CounciL The substitute changes the word "wi11" to
"ma~ in the fourth line of KMC 22 OS 040(c) on paee 4 of Attachment A The change
was made to ¢ive Council the flexibilitv to deCermine the best use of the aropertv in the
case of competin ~ lease applications Councilor Ross su~gested the chan~e.
8. KMC 22.05.045 (Review). This section is the same as the existing KMC 21.15.070. It
requires any change in lease use or renewal to be reviewed by Planning and Zoning and
approved by the Council.
9. KMC 22.05.050 (Appraisai). This secTion is the same as the existing KMC 2115.080. It
provides that no land may be leased or sold without having been appraised within a 12
month period prior to the lease or sale.
10. KMC 22.05.055 (Terms of lease). This secfion is the same as the existing KMC --
21.15.090. It requires all leases to be approved by the City Cow~eil and provides that the
term of the lease is dependent on the naCure of the improvements and the time required to
amortize Yhe lessee's investment.
1 L KMC 22.05.060 (Amlual minimum rental). This section is the same as the existing KVIC
21.15.100. It states the annual mnumum rental is as set out in the new KMC 22.05.070
(i.e. 8% of fair market value).
12. KMC 22.05.065 (Bidding procedure). This section is the same as the existing KMC
21.15.1 l0. This allows the City to have a competiYive bid to lease property with a one-
time premium being the determining factor in who gets the iease.
13. KMC 22.05.070 (Prineiples and policy of lcase rates). This seetion is the same as the
existing KMC 21.15.120. This sets the normal lease rate at 8% of fair market value. The
old rate was 6%. The substitute added the ~hrase "and everv five vears thereafter" to the
fotu-th line of KMC 22 OS 070(c) on pa~e 4 of Attachment A to make clearer that a lease
rate re-determination is done ever~e vears.
14. KMC 22.05.075 (Reimbursement for city-constructed projects). This is the same as the
exisCing KMC 21.15.130. This allows the. City to improve City property and add 1he eost
of the improvements to the lease rate in order to reimburse the City.
15. KMC 22.05.08~0 (Lease execution). This is the same as the existing KMC 2L15.140. It
requires the Iessee to execute and return the lease within thirty (30) days of being mailed
the approved lease.
16. KMC 22.05.085 (Lease utilization). This is Che same as the exiscing KMC 21.15.150. It ~
requires the lease to be used in compliance with the ap~roved lease application and states
Mayor Porter and Kenai City Council
December 13, 20066
Page 3 of 4
that failure to substantially complete the developmenC plan for thc lease application is
grounds far cancellation of the lease.
17. KMC 22.05.090 (Conveyance to eacourage new enterprises). This is the similar to the
existnig KMC 21.15.170. It allows the City to convey property to encourage new
commercial or industrial enterprises with Y1ie terms and conditions fo be set out in an
ardinance. It allows the property to be sold without a competitive process. The
difference between this secYion and the existing KMC 21.15.1'70 is that since this is
general fund land, there is no requirelnent for the general fund to pay the airport fuaid the
difference between Yhe fair market value of the property and the sale price.
18. KMC 22.05.095 (Saie). This section is the same as the existing KMC 21.15.180. This
section allows sale of City general fund lands for fair market value at Che discretion of the
City Council. Sales may be by negotiation (to lessees at fair market value), outcry
auction, or competitive sealed bid. Under this code lessees get the abiliry to request
purchase of the land after improvement, they do not acquire any right to ~urchase the
land.
19. KMC 22.05100 (Sale procedure). This secYion is the same as the exisring KivIC
21.15.190. It sets out the procedure for sale of City general fund land. The substitute
deletes The phrase "In order to compete on an equal basis with private enterprise in land
disoosal" from line one of KMC 22 05.100(1 on page 10 of Attachment A. Councilor
Ross suggested the chailge.
20. KMC 22.05105 (Terins for financing sale of City lands). This is the same the existin~
KMC 22.05.045 except that the reference to AS 29.53.380 was changed to reflect the re-
numbering in the state statute. It sets out the procedure for City financed Iand sales.
Down payments of 15% are required and notes must be paid off in twenty years. Interest
rates are set by council resoiution.
21. KMC 22.05.110 (Determination as to need for public use). This is the same as the
existin~ KMC 22.15.210. This section states that the Council shall defermine by
ordinance what property is or is not needed for a publie purpose. Subsection (cl was
deleted iu the substitute to reinove a provision regarding foreclosed property that was
unnecessary due to Alaska statutorv requirements.
22. KMC 22.05.115 (Property exchanges). This is the same as the existing KMC 22.05.070.
The substitute requires an ordinance rather than a resolution to authorize an exchange. It
allows the City to engage land frade when advantageous to The City.
23. KMC 22.05.120 (ProperCy sale to adjacent owners). This is the same as the existing
KMC 22.05.075. The substitute requires an ordinance rather than a resolution to
au2horize a sale. It allows sale of a parcel of land to an adjoining land owner that is "such"
a small size, shape, or location" that is can not be put to practical use by any other party
and is not needed by the City.
24. KMC 22.05.125 (Grant or devotion). This ~ section is similar fo the exisring KMC
22.05.080. It allows the City by ordinance to granY, donate or lease property to the
United States, Yhe State of Alaska, a political subdivision of the staYe or a non-profit
corporation without a competitive process. The oid version listed 501(e) (3) non-profits
instead of just non-profits. Subsection (b) was removed from Yhe new version. It was a
;, special sub-section allowin~ donation of tax-foreclosed land worth under $10,000 to non-
Mayor Porter and Kenai City Council
December 13, 20066
Page 4 of 4
profit housing corporation. It was redundant with some of the new additions to the land
code.
25. KMC 22.05.130 (Use permits). This secrion is similar to KMC 21.15.250 except that is
allows for five year special use permits rather than one year as allowed in the airport land
code. The idea was that the City should have greater flexibility on issuin~ special use
permits for general fund land than airport land.
26. KMC 22.05135. (Acquisition of real property). This is the same as KMC 21.15.260. It
authorizes the City to purchase land by ordinance after an appraisal has been done on the
property. Because of the unique nature of property, land purchase does not need to be by
competitive bid. The substitute adds a process for receivinp and issuing easements and
rizhts-of-wav. IC requires the Council to give its appxoval priar to the CiCy Manager
issuing or accepting an easements or rights-of-way.
Please let me know if you have any questions or if there are any changes you would like to the
general fund land code.
~
Suggested by: Councilor Joe Moore
CITY OF KENAI
ORDINANCE NO. 2202-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 11.05.090 ENTITLED "USE OF LAUNCH RAMP AND FIAAT," BY ADDING A
SUBSECTION LIMITING THE USE OF THE CITY OF KENAI BOAT LAUNCH, LOCATED
AT THE MUNICIPAL IIARBOR, TO VESSELS AND BOATS POWERED BY FOUR-CYCLE
OR DIRECT INJECTION TWO-CYCLE ENGINES.
WHEREAS, the Alaska Department of Environmental Conservation (ADEC) is
proposing the categorization of the Kenai River as a Category Five-Impaired
Waterbody; and,
WI3EREAS, the Alaska Department of Natural Resources (ADNR) is proposing changes
to regulations which will limit vessels and boats on the Kenai River to 50 horsepower
or less, four-cycle and direct injection two-cycle engines; and,
WHEREAS, total aromatic hydrocarbons (TAH) in the Kenai River water-column have
exceeded the State water quality standards in each of the preceding fours years, and
many of the preceding fifteen years; and,
WHEREAS, the source of TAH in the Kenai River water-column has been determined
to be gasoline outboard motors; and,
WHEREAS, conventionally carbureted two-cycle motors do not meet the U.S.
Environmental Protection Agency (EPA) 2006 emission standards; and,
WHEREAS, conventionally carbureted two cycle-motors deposit a minimum of ten
times more TAH into the water-column than four-cyele motors or direct injection two-
cycle motors; and,
WHEREAS, limiting the use of the City of Kenai Boat Launch will lower the amount of
TAH deposited into the Kenai River from vessels/Uoats using the City's Boat Launch.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 11.05.090, entitled "Use of L,aunch Ramp and Float," is amended
by adding the following section:
(fl effective May 1, 2007, the use of the City of Kenai Municipal Boat
Launch is limited to vessels/boats powered by four-cycle or direct
injection two-cycle engines.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
December, 2006.
PAT PORTER, MAYOR
Ordinance No. 2202-2006
Page 2
ATTEST:
Carol L. F7eas, City Clerk
Introduced: December 6, 2006
Adopted: December 20, 2006
Effective: May 1, 2007, 2006
~~
~ ~~^ ~' _;~
12-10-2006 ~
~' " ~t<~:~ ~ e~ ~~ ,..~
Honorable Pat Porter-Kenai City Mayor ~', ?
Kenai, Alaska 996ll ~ tw ~ ~ ~ -.
Deaw Mrs. Mayor Pat Porter & City Council Members
Subject: City CounciPs Ordinance to ban 2-stroke engines from the Kenai City
Dock launching ramp by 2007
T do believe the city council members are doing the right thing by voting to get
comments from the public on restricting the use of various motors that are not a
four rstroke. ~
I am not in favor of the nronosed ordinance bv citv council memtber Joe Moore. It
sounds like we should be looking at thc rcal source of the hydrocarbon problem it's
not the local people who are mostly weekend sports ~sherman that live here. We
need to regulate the gnide industry they have over 500 boats to maybe 20 daily local
sports fisherman that live here on the Kenai Peninsula that fish the Kenai river for a
day of fan.
Sense we are into changing the rules on the Kenai River; you need to Iimit the
'_.._, guides to three days per week and local fisherman to three days and take
hydrocarbon reading to ensure that the problem is the two-stroke engines. I have
been an Alaskan for over 45 years and yes I have been fishing the Kenai River since
Yhe early 80's and we used to catch our limit and now with all the guides and no
regulations to eontrol them and most of us go out and don't catch to many fish.
When you see the guides with bigger boats, new 50 hp and 6 fishermen on board
traveling much faster, they say their boats have been detuned, 1 don't think 90. I
think this whole issue is about money not aboat really fixing the problem. The
guides should be Yreated tike the eommercial fishermen, same type of rutes apply fo
them and maybe we can get some relief and catch a few fish and maybe it would be
worth it to get a 4-stroke engine. Most of my friends have give up on fishing the
Kenai River for Kings to many boats they wait untit the silver salmon run comes in.
I would hope you would listen to the local people who have boats that live here year
round and to make sure it is a fair decision, 4o please do the right thing for ail of us.
Thanks!
Respe ~fudly Submitted.
~ ~ /~
' ,d ,. ~~ ~ ,~ ~~~~e.r k~°
onald L. Mc loud-Pa t Ken Peninsula Borough Assembly President
405 Haller Street
Kenai, ALaska 99611
Phone: 907-283-7565
~K
~~reP
... ~
SUSSTITUTE
Suggested by: Councilor Joe Moore
CITY OF KENAI
ORDINANCE N(S. 2202-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 11.05.090 TO LIMIT THE USE OF THE CITY OF KENAI BOAT LAUNCH,
LOCATED AT THE MUNICIPAL I-IARBOR, TO VESSEIS AND BOATS POWERED BY
FOUR-CYCLE OR DIRECT IIVJECTION TWO-CYCLE ENGINES.
WHEREAS, the City of Kenai recognizes the unique relationship between the Kenai
River and the citizens of the Kenai Peninsula, Alaska, and from throughout the world;
and,
WHEREAS, the Kenai River is a significant economic engine supporting businesses
and families on the Kenai Peninsula; and,
WHEREAS, the City of Kenai recogni2es the necessity for pro-active measure to ensure
the health of the Kenai River for present and future generations of commercial and
recreational users; and,
WI-IEREAS, the Alaska Department of Environmental Conservation (AD~C) is
proposing the categorization of the Kenai River as a Category Five-Impaired
Waterbody; and,
WHEREAS, the Aiaska Department of Natural Resources (ADNR) is proposing ehanges
to reguiations which will limit vessels and boats on tl~e Kenai River to 50 horsepower
or less, four-cycle and direct injection iwo-cycle engines; and,
WHEREAS, total aromatic hydrocarbons (TAH) in the Kenai River water-column have
exceeded the State water quality standards in each of the preceding fours years, and
many oI the preceding fifteen years; and,
WHEREAS, the source of TAH in the Kenai River water-column has been deternuned
to be gasoline outboard motors; and,
WHEREAS, there eacists little communication and cooperation between the Alaska
Department of Fish & Game, the Alaska Department of Natural Resources, and the
Department of Environmental Conservation to work towards cooperative, reasonable
solutions to problems facing the Kenai River; and,
WHEREAS, conventionally carbureted two-cycle motors do not meet the L.S.
Environmental Protection Agency (EPAj 2006 emission standards; and,
WHEREAS, conventionally carbureted two-cycie motors deposit a minimum of ten
times more TAH into the water-column than four-cycle motars or direct injection two-
cycle motors; and,
Substitute Ordinance No. 2002-2006
Page 2 of 2
WHEREAS, limiting the use of the City of Kenai Boat Launch will lower the amount of
TAH deposited into the Kenai River from vessels/boats using the City's Boat Launch.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 11.05.090 is amended by adding subsection (fl as follows:
(fl Effective May ~, 2007, the use of the City of Kenai
Municipal Boat Launch will be limited to vessel/boats
with four-cycle or direct-injection two-cycle engines,
except that use of the boat launch by the following is
allowed:
i. Non-motorized boats/vessels;
ii. Boats/vessels powered by diesel engines;
iii. A pernut may be issued for use of the boat
launch by boats/vessels directly accessing
Cook Inlet. There shall be no extra charge for
the perxnit above the ordinary boat launch fee.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
December, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: December 6, 2006
Adopted: December 20, 2006
Effective May l, 2007
Tai'~l6X a11C~ Tc~PbOX
December 11, 2006
Chris Degernes, Chief Field Operations
Division of Parks and Outdoor Recreation
550 W. 7'" Ave, Suite 1380
Anchorage,Alaska 99501-3561
Dear Chris:
P.O. Box 3507
Soltlotna, Alaska 99669
907-262-7767
tarbox0 otiallaska.ne;
The purpose of this letter is to oppose the ~ew regulations proposed for the Kenai River Special
Management Area (KRSMA). Specifically, i am opposed to increasing the horsepower from the
present 35 horsepower to 50 horsepower and establishing a maximum length boat of 21 feet on the
river (it should be smaller).
For the record, I am retired from the Alaska Department of Fish and Game QADF&G). I served in
Upper Cook Inlet (UCI) as the Fisheries Research Project Leader for the Commercial Fish Division
from t980 to 2000.
Presentiy, I operate a professional consulting firm dealing with fishery issues. I have a Bachelor of
Science degree from the University of Washington in Fisheries Science and a Master of Science
degree from Louisiana State University in Fisheries Science.
The State of Alaska, Department of Naturai Resources (DNR) has proposed reguiations which purport
to deal with hvo issues on the Kenai River - hydrocarbon poilution and bank erosion impacts from boat
wakes. DNR has not stated any social reasons for these regulations although there are social
consequences.
in my review of the scientific data it appears that these concerns are valid. Studies to date have
documented significant hydrocarbon levels in the Kenai River that are well above levels that impact
aquatic life. In addition, erosion rates of the river banks far exceed natural levels and pose a long term
threat to the resources of the river.
In contrast to the science behind these issues there is little science available to evaluate the solutions
proposed by DNR. In fact, DNR has not provided the public with any written or peer reviewed scientific
analysis of the impacts of the proposed regulations.
This is a serious deficiency in forming governmental policy. Instead, DNR appears to have relied on a
lay advisory board to make these recommendations which confused science with self-interest at best.
My comments below will deal with each issue separately.
HYDROCARBONS IN THE KENAI RIVER
This is a complex multivariate problem and one which requires good science and solutions to solve. I
have prepared the following to help understand the issue and evaluate what is defendable and what is
not. Here is my attempt at a factual understanding of the issue:
• Page 2 December 11, 2006
1) Assuming 325 boats use the KRSMA daily during July and approximately 15 % are oider 2 stroke
engines (from 2006 data) then 49 oider 2 stroke engines and 276 4 stroke engines are using the
KFiSMA.
2) Controlled scientific testing has shown when ali other variables are equal that 4 stroke engines are
10 times more efficient than older 2 stroke engines. Therefore the 49 older 2 stroke engines are the
equivalent of 490 4 stroke engines relative to hydrocarbon discharge.
3) The assumption of equal variables in the controlled studies is probably not applicable here since the
guide industry, which has primarily 4 stroke engines, operates differently than the generai public in
terms of hours on the water and total running time. Thus total fuel use could be much greater for 4
stroke engine users than older 2 stroke engine users.
4) It is reasonable to assert that older 2 stroke engines are a major contributor to hydrocarbon pollution
in the river.
5) It is also reasonable to assert that at least a third to a one half of the measured pollution levels are
due to the present 4 stroke engines on the river. This will be higher if use patterns are radically different
and actual in-river fuel efficiency is significantly different from the controlled studies.
6) The State of Alaska hydrocarbon standard of 10 ppb is violated in July.
7) Relative to the issue of going from 35 to 50 horsepower and hydrocarbon pollution, data provided by
the Department of Environmental Conservation (DEC) indicated that increased fuel use will take piace
at higher horsepower. DEC has stated the ievei of increased fuel use is proportional to the horsepower
increase.
8) No data have been provided by DNR to evaluate the present daily fuel consumption used by boat
operators on the Kenai River. A detailed model of impacts cannot be completed without this
information.
9) There is a lack of data to evaluate peak hydrocarbon levels on a temporai and spatiai ievei in the
KRSMA. Measured ievels to date because of limited sampiing probably do not represent peak values
for the KRSMA.
Therefore, based on the above I have the following conclusions:
1) With a goal to reduce hydrocarbon pollution there is defendable data to support the eiimination of
older 2 stroke engines in July.
2) A totai year long ban on older 2 stroke engines, while desirable, is not defendable with the existing
data set and therefore can be discussed in the conte~ of a longer phase out pian.
3) The data to defend the position that fuel discharge to the Kenai River will increase by going from 35
to 50 horsepower engines is defendable. Therefore, if the goal is to reduce discharge of hydrocarbons
in the KRSMA the limitation on horsepower should remain at 35 horsepower in the KRSMA.
4) There is a high probability that increased use of the KRSMA will be seen as 50 horsepower users,
many of whom did not detune their engines, return to the river. This negates some of the benefit of
reducing oider 2 stroke engines.
5) To meet DEC water quality standards for hydrocarbons there is high probability that the number of
boats must be reduced in order to assure that the standard will not be violated in the KRSMA.
• Page 3
December 11, 2006
BANK EROSION AND USE PATTERNS ON THE KENAI RIVER
The stated reason for DNR proposal to increase horsepower on the Kenai River from 35 to 50
horsepower is to allow `Yypical KRSMA power boats can operate more efficientty to achieve
planning(src) speed and reduce the srze of boat wakes." In addition, the regulation purports to make
engines standard. Finally, a size limit on boat Iength (21 feet and 106 inches wide) is proposed so that
larger boats and heavier boats will not be used with the higher horsepower.
DNR is not consistent on this position. In a letter to the United Cook Inlet Drift Association (dated 17
November 2006) Commissioner Menge states "Our understanding of the research conducted on the
Kenai River on bank erosion caused by boat wake is that these regulation changes may reduce the
types of boating operations that cause the most destruciive boat wake." I have to wonder if
Commissioner Menge knew this regulation wouid not accompiish anything meaningful and has ailowed
a political agenda to take priority.
Therefore, DNR does not claim any wave height reduction will directiy reduce erosion in the Kenai
River. In fact, DNR did not prepare a Director's findings on the boat wake height reduction and erosion
impacts. DNR has provided no data to the public which defines the anticipated wave height reduction
for the loads and boat types used in the KRSMA.
Erosion rates are a function of wave energy, wave height, number of waves hitting a bank, and the
erosion coefficient of the soils in the bank. Exampies of confounding issues which makes this
regulation questionable are:
1) Faster boats on the Kenai River as a result of horsepower increase will result in increased wave
velocity. This will mitigate any benefit from a wave height reduction:
2) The wave height reduction, altiiough not stated in any DNR finding, is assumed to be based on the
Phase 1 studies and less than 12% for the heavier and pooriy designed vesseis. The Phase 1 studies
indicated that hull design, load, and horsepower needed to be considered in any solution to erosion
problems along the Kenai River. A single variable solution is not viable or defendable. Improved
design of vessels and load considerations reduced wave height much more than horsepower per se
yet DNR has failed to take this into consideration in the proposed reguiations.
3) DNR has stated that the horsepower finding is designed for the typicalKenai River vessei. However,
DNR has provided no data to support that conclusion. In fact, it is probable that the average boat size
today on the Kenai River is less than the maximum proposed. Therefore, allowing higher horsepower
wili move the average boat size toward the maximum and therefore increase the average wave height
for all boats using the river. This will result in increased erosion, not a decrease.
4) DNR has not made public the Phase 2 boat wake studies which may help address this issue.
5) DNR has not taken into consideration the probable increase in boat use of the Kenai River as a
result of this regulation. Individuals that do not presently fish the Kenai River, because they elect not to
detune their 50 horsepower engines, will be able to access and use the river under this regulation.
Increased growth in the fishery will increase the number of waves hitting the banks and with higher
average wave velocity thereby increasing bank erosion.
6) DNR has no ability to enforce the 50 horsepower regulation. While the regulation proposes an
inspection program the internal modifications to 50 horsepower engines are not viewable and
horsepower can easily be increased by over 20%. This wiil push vessels even faster with higher wave
velocity and therefore increase bank erosion potential.
• Page 4 December 1 t, 2006
My findings, based on the available data and comments from DNR and DEC representatives,
strongBy suggests that increased horsepower in the KRSMA is not defendable. In tac4, it is
likely erosion rates will increase as a result of these proposed regulations.
Breakdown in Logic for the Kenai River Resources
DNR has piaced itself in a conflict of logic situation with these proposed regulations. On the one hand
DNR has taken a strong position against hydrocarbon discharges by older 2 stroke engines. in fact,
the situation is so dire that they are wiliing to ban them ali year long starting in 2008.
However, DNR is willing to accept the worst erosion producing vesseis on the river and even try to
accommodate their use by increasing horsepower and resultant hydrocarbon discharge to the KRSMA.
In addition, DNR is allowing vessels larger than 21 to operate through 2010 which is longer than the
time line for 2 siroke engine removai.
This begs the question of why DNR would allow this to happen. The obvious conclusion is that one
user group - the general public who own older 2 stroke engines is not as significant economically in
DNR's opinion as the guided fishing industry ihat tends to have these larger vessels.
In fact, DNR appears to be favoring poiluters by the horsepower increase. Those who own
larger vessels which poilute via increased erosion and increased fuel use are not being asked
to sacrifice.
Other Considerations Relative to these Proposed Regulations
1) DNR has corrupted the public process with these proposed regulations. DNR has faiied the generai
public by not providing any significant analysis of these regulation changes on resource protection
outcomes or economic impacts.
DNR has therefore made this a popuiar opinion issue - vote whether you want to be a polluter of the
river or a protector of the river. In fact, good public policy would have allowed a full and open
discussion of alternatives and impacts.
The KRSMA advisory board did not conduct any alternative option analysis, DNR has not completed
this task, and ADF&G has been silent. Therefore, these regulations have created conflict in the
community with potential adverse impacts to all users when resources are negatively impacted.
2) DNR has not made availabie data for review. internaily inside DNR a draft of the Phase 2 Boat
Wake study has been reviewed. In contrast, the public has not seen this report. DNf~ has not
indicated they will use the draft findings to evaluate this regulation impacts or not. It appears at this
time that DNR is ignoring or concealing a significant report in the decision making process.
3) DNR has not indicated what the impacts of these proposed regulations wiii be on communities and
areas outside the KRSMA. For exampie, banning oider 2 stroke engines in the KRSMA wili Iikeiy move
these vessels and motors downstream and outside the KRSMA. This has the potential of not reducing
hydrocarbon discharges at all in the river and creating conflict with other user groups downstream
(personal use dip net boat fishery). The lack of discussion with the City of Kenai and Alaska Board of
Fish on a comprehensive approach is a serious fiaw in DNR's piecemeai approach.
• Page 5 December 11, 2006
4) DNR has made no attempt to resoive conflicts beiween agencies on these regulations and data
anafysis. The DEC has indicated that moving to 50 horsepower wiii not solve the issue of hydrocarbon
pollution in the Kenai River. However, in a letter to UCIDA dated 17 November 2006 Commissioner
Menge states "On the matter of changing horsepower limits to 50 hp, our review of the data does not
give us the same conclusion." However, DNR has not made public any review of the DEC data. In
fact, DNR has made no findings available from internal discussions.
5) DNR is circumventing DEC authority to prepare a recovery plan for the Kenai River hydrocarbon
poilution. Under the Category 5 Impaired status DEC is required by the Ciean Water Act to prepare a
recovery plan. DNR has known that the river is going to be listed and yet went forward with these
regulations despite DEC actions. This puts DEC in the position of having to start with new limitations
on any recovery pian. It confuses the data set and makes completing a comprehensive plan more
difficult. Will DEC even consider iow horsepower if DNR has just passed a regulation that increased
horsepower - not likely?
6) DNR has not provided any analysis of what increased horsepower means for safety of human life in
the KRSMA. The present limitation of 35 horsepower was based on safery considerations and yet
DNR feels that it need not mention what going to 50 horsepower means relative to this subject.
Thank you for the opportunity to comment on these reguiations. It is my humble opinion, having
prepared and commented on reguiations for over 20 years, that these proposed regulations have
serious flaws.
These flaws are significant enough that a court challenge would have a high probability of success and
that the strife and conflict in the community as a result is not warranted.
Therefore, my suggestion is to tabie action on these regulations for at Ieast 180 days. During that time
period DNR, DEC, and ADF&G should form an independent study team with experts from outside the
agencies. The goal of this team is to evaluate the options and consequences of various aiternatives on
erosion and hydrocarbon reduction solutions in the KRSMA.
Upon completion of the independent review and written findings DNR can then evaluate (based on
good science) and pass into regulations those solutions that are defendabie and enforceable.
Sincerely,
Kenneth E. Tarbox
President
~~F~.~a.\
~ _ .,_. _ _..
~ ,
ttie ce~ u f /
KENA~ SHA
"i/c'~la9e wit~i a Past Gc~ witti a Futr~re"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,~'d
Telephone: 907-283-7535 / FAX: 907-283-3014 ~'~~I~
7992
M1J~o •
To: City Council
FROM: Rick Koch, City Manager
DATE: December 13, 2006
SUBJECT: Proposed Alaska Department of Natural Resources (ADNR}
Regulation Changes for the Kenai River Speciai Management
Area (KRSMA) River Mile 19 to Warren Ames Bridge
The purpose of this memorandum is to provide a list of questions you may wish to have
answered by the represeutative from ADNR, Jack Sinclair, at the council work session
today.
1. The Alaska Departinent of Environmental Conservation (ADEC) has publicly
stated that the effect of tbe proposed regulatory changes wi11 increase the TAH
(total aromatic hydrocarbon) levels in the Keilai River. What is ADNR's response
to tl~at claim7
2. Why is the schedule to adopt fhese proposed regulations in advance of Yhe boat
walce study being completed? Do you feel the considerarion of these proposed
regulations in advance of the 2005 phase 2 wake study to be premafure?
3. The manufacturers make just as many 40 horsepower four-cycle outboard motars
as 50 horsepower outboard motors. Why inerease the horsepower limit to 50
horsepower instead of 40 horsepower?
4. A boat of the dimensions allowed in the regulations is a very large boat. 21 feet
long, and 8 feet 10 inches wide. For highway transport an over-width load is 8
feet 6 inches in widYh . If the proposed regulation changes are in-part meant to
address boat wake-size, why is such a large boat being permitted, that could be
loaded so heavily?
5. Can ADNR consider regulaYions to prohibit fishing from a boat while the
outboazd mofor is running? If so, have you?
6. Can ADNR consider regulations prohibiting the pracYice of baek-trolling? If so,
have you?
Has ADNR given consideratioa to limiting the hull configuration allowed on the
Kenai River? Such as vee, semi-vee and flat bottom boats. If so, how? Lf not, why ~
not?
8. Has ADNR considered limiting the number of individuals allowed in a boat? If
so, how? If noY, why not?
9. The appearauce of these regulation changes may be to give guides the benefit of
larger motors on large boats, while eliminating private sport fisl~erman that have
smailer boats and conventional two-cycle motors. How does ADNR respond to
thaT sYatement7
10. Have these regulatory changes been drafted by ADNR to address specific issues
pertaining to fhe health of the Kenai River, or were these regulation changes
drafted by another group, or groups and submitted to ADNR for consideration?
11. Has ADNR considered allowing the use of conventionally aspirated two-cycle
outboard motors on Yhe Kenai River at times of the year other that7 the eild of
June, July, and thc beginning of August? If so, why did you not a11ow it?
OUTBOARD MOTOR MAIVUFACTURERS
20HP-50HP
FOUR-STROKE & TWO STROKE MODELS
2007 MODEL YEAR
FOUR CYCLE MOTORS
MANUFACTURER 20 HP 25 HP 30 HP 35 HP 40 NP 50 HP
HONDA X X X X
YAMAHA X X X
MERCURY X X X X
SUZUKI X X X X
NISSAN X X
EVINRUDE
JOHNSON X
TOHATSU X X
D.I. TWO CYCLE MOTORS
MANUFACTURER 20 HP 25 HP 30 HP 35 HP 40 HP 50 HP
HONDA
YAMAHA X X
MERCURY
SUZUKI
NISSAN X X
EVINRUDE X X
JOHNSON
TOHATSU
Proposed Park Regulation Changes for the ICenai River Special Management Area, Alask... Page 1 of 2
Proposed Park Regulation Changes for the Kenai River Speciai t~lanageme
The Department of Natural Resources has announced that proposed changes to Park
regulations affecting boaters on the Kenai River Special Management Area are now
available for public review and comment. 7he proposed cha~ges include:
~~ ~ Sncrease Che maximum allowable horsepower for motorized boats in Che KR9MA
/~J from 35 to 50 horsepower (hp);
~ Restrict boat lengths to 21 feet and boat widths to 106 inches;
~ By )anuary l, 2008, require all outboard engines used i~ the KRSMA to be either
four-stroke or direct fuel injection two-stroke motors.
For more information on the proposed changes, piease review:
Public Notice
Additionai Regulations Notice Information
Pro~osed Requlations
Director's Decision on Reduction of Hyd_roc_ar_bons on the Kenai River.
The public may provide comments in a number of ways:
Attend a public hearing in Soldotna or Anchorage, and provide written or oral testimony:
7"e.R~*~8$3~f (V{AV. 2~a i:~Ck - 9e~Q$ 1}~e
~fenai F~era'sr~~ea@a ~csrcao~g8~ A~~~rralsly ~h~reaEser~, ~~i~ea~n~, ~IC
tl~Q.Y~~~JLE~~F 8'P~~e L~p d.ediY ` ^J.6F6S ~~~
~aaag~ ~~93, f2~b~rt ~tvueaoct ~a~~lc3a~g, 5583 Vi~. 7th. ~v~., ~s~cFee+r~ge, ~€C
Submit written comments by mail, fax or email to:
Chris Degernes, Chief; Field Operations
Division of Parks and Outdoor Recreation
550 W. 7th Ave., Suite 1380
Anchorage, AK 99501-3561
Fax:(907)269-8907
EmaiL Chris Degernes@dnr,state._ak.us
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http://www.dnr.state.ak.us/parks/lffsma/proposedchange.htm 12/13l2006
Register _, 2007 NATURAL RESOURCES
11 AAC 20.860 is repealed and reado~ted to read:
11 AAC 20.860. Boat motor use. (a) Bxcept as pxohibited by 11 AAC 20.865, and
suhject to the restrictions set out in this section, the operarion of a boat by the use of a boat motox
is allowed in the Kenai River Speciai Managemeilt Area.
(b) A person may not operate a motor or combination of motors witv a total pro~shaft
horsepowei rating greater than 50 hoxsepower. I'or the purposes of this subsection, the oxiginal
propshaft horsepower ratiisg must be clearly identified in the model number that is permanently
embossed, stamped or affixed on the motor stern bracket by the manufacturer and may not
exceed a rating of 50 propehaft harsepower. This horsepower rating limitation does not apply to:
(1) the operation of a boat on Kenai Lake, on Skilak I,ake, and on the Kenai
River between the Kenai Lake Bridge and river mile 80.7; and
~ (2) the opexation of a boat by a federal, state, or local governmental agency fox
the purpose of law enforcement or search and rescue, or for the purpose of fish and game
managemeut under a park use pennit issued under 11 AAC 18.010.
(c) A person may not operate a boat in the Kenai River Special Management Area by the
use of a motor that has been altexed or disguised with respect to the manufactuxer's propshaft
horsepower rating, manufacturer cowling decals, or the model or serial numbers to produce more
than 50 propshaft horsepower.
(d) Effective January 1, 2008, a person may not opexate a boaY in the Kenai River Special
Management Area by the use of a motor unless the motox is a four-stroke moYor or a direct fuel
injection two-stroke motor, as desexibed in Attachment A of the Directox's Decision on
1
Register _, 2007 NATURAL RESOURCES
Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed
November 16, 2006, and adopted by reference.
(e) ~ffecYive January 1, 2008, a person may not opexate a boat in the Kenai River Special
Management Area by the use of a motor without displayin~ on the moYor cowling a decal issued
by the Division that certifies that the motor is in compliance with the requirements of (d) of this
section.
(~ For the purposes of this section,
(1) "propshaft horsepower raCing" means the boat motor's oxiginal manufactuxer
rated and labeled horsepower; Yhe addition of a jet drive unit to any UoaY motor does not change
the equivalent propshaft horsepowex rating of the motor powerhead and dxiveshaft configuxation
for the purposes of this section;
(2) "four-stroke" motor is an intemal combustion engine whose cycle is
completed in four piston strokes and includes a suction stroke, compression stroke, expansion
stroke, and exhaust sfi~oke;
(3) "direct fuel injected two-siroke" motoi means one whose fuel is dixectly
injected into the top of the cylinder of an internal combusrion engine whose cycle is completed in
two piston strokes. (Eff. 5/11/85, Register 94; am 4/25/86, Register 98; am 7/1/89, Register 110;
am 7/1198, Register 146; am _/_!_, Register ~
Authority: AS 41.21.020 AS 41.21.506
11 AAC 20 is amended by adding a new section to read:
2
Register _, 2p07 NATURAL R~SOURCES
ll AAC 20.861. Boat specificativns. (a) A person may not operate a motorized boat in
the Kenai River Special Management Area that exceeds 21 feet in overall len~th and 96 inches in
overall width. This reshiction does not apply to boats operated in accardance with 11 AAC
20.860 (b)(1) and 11 AAC 20.860 (b)(2).
(b) The director may authorize a person to use a motorized boat that exceeds 21 feet in
overaTl length or 106 inches in overall width, provided they provide proof of ownership of that
boat that precedes the effective date of these re~ulations. When the director provides an
authoxization under this subsection, the director shall issue a nontransferable permit under 11
AAC 18. A permit issued by the director undex this suUsection expires no later than December
31, 2009.
(c) For the purposes of this section, ~
` (1) "overall length" means the straight-line measurement beLween the exttemities
of the boat, but does not include trim tabs or outboard motors;
(2) "overall width" means the snaight-line measurement between the two widest
exh~emifies of the boat, measured at a xight an~le to the overaIl length measurement;
(3) "outUoard motor" means a boat engine that, when properly mounted on a boat
in the poeition to operate, houses the engine and drive unit external to the hu11 of the boat,
(4) "trim tabs" means an extension of the bottom of a boat, at the nansom, which
is no more than 18 inches long at its longest point; "trim tabs" do not provide any increased
floatation, and their sole function is to provide frim to a boat while underway. (Eff.
/ /~ Register _)
Auth~rify: AS 4L21.020 AS 41.21.506
3
Register _, 2007 NATURAL R~SOURCES
1 I AAC 20.865 (b) is repealed:
(b) The director may authorize a person who on August 30, 1998, owns property direetly
adjacei~t to the Kenai River between rivex mile 80.7 and Coo~er Cxeek to continue to operate a
boat between river mile 80.7 and Cooper Creek by use of a boat motor with a total propshaft
horsepower rating or equivalei~t propshaft horsepower xating not gxeater than 35 horsepowex.
When the direcfor provides an authorization undex this subsecYion, the direetor sha11 issue a
noiztransferable pennit under 11 AAC 18. A permit issued Uy the director under this suUsection
expires no later than August 30, 2003. (Ef£ 4/2S/86, Regieter 98; am 2/3/88, Register 105; arn
7(1/98, Register 146; am 5/3(2001, Register 158, repealed_/ !_, Register ~
Authority: AS 41.21.020 AS 41.21.506
4
\\~~~ ~ O~ !(I 1~ i!1 i\\ I' 1 I ~I I FRANK H. MURKOWSKi, GOVERNOR
nll I~tIII~ '1-~1' \11I I,~`\`'1-~1,
U ~~ u~ L~`J u 1 v ~ u ^ 550 W. 7'" AVE., SUITE 1380
. ANCHORAGE, ALASKA 99801-3561
'. ~ PHONE (907) 269-8700
FAX: (907) 269-8907
DEPARTMENT OF NATL7RAL RESOURCES
DNISION OF PARKS AND OUTDOOR RECREATION
Director's Decision
Reduction of Hydrocarbon Pollution from
Motorized Boats on the Kenai River
November 16, 2006
Purnose: The Kenai River Speciat Management Area Advisory Board has recommended that the
Deparhnent of Natural Resources promulgate new regulations that would increase the cu~ent
maximum horsepowor limit from 35 to 50 horsepowez, limit the size of boats, and restrict all motors
used on the river a8er January l, 2008 to those which meet the emission standards specified by U.S.
Environmental Protection Agency (EPA) for motors manufactured in 2006.
This document specifically addresses how the KRSMA Board's recommendation foc motor
emission restrietions will be implemenCed following the January 1, 2008 timeframe. The KRSMA
Board's recommendation is intended to reduce hydrocarbon pollution in the river that is caused by
outboard engines by requiring the use of cleaner burning outboard engines in 2008 aud beyond.
---. _:
The types of engines that pxoduce the ~eatest levels of hydxocarbon pollution will no longer be
permitfed for use on the rivex.
Baekeround: The use of motorized boats for recreational and sport fishing access on the Kenai
River has Ueen widespread for over 30 yeaxs. In Yhe early 1980's, growing concerns about the level
of use eventually lead to the legislative creation of the Kenai River Special Management Arca
(KRSMA) in 1984, with management assigned to the Division of Parks and Outdoor Recreation.
The KRSMA includes Kenai and Sk'slak Lakes and the entire rivex system downst~eam to river mile
4, plus a number of adjacent upland parcels along the river corridor.
The world class fishery provided by the Kenai Rivex has fueled an extensive guided and non-~uided
sport fishing mecca, with peak use in July associated with the popular second runs of king salmon
and sockeye salmon. Most of the fishing for kings occurs from boats using a variety of fishing
methods from back trolling (bow of the boat is facing upstream with motor in fonvard gear, with
just enough power to slowly drif4 downstream, slower than the rivex eunent), to drifting (boat is
perpendicular to rivex flow, with the motor generally used to maneuver hack and forth to avoid
other boats similarly enga~ed.) With either method, when the back noll ox the drift through the
tacget area is complete, the boat operaYor frequently motoxs back to the top of the hole to repeat the
pass. Wliile the Kenai River is open Co kin~ salmon fishing in the entire 50 miles of river below
Skilak Lake, several concentrations of fshing effoxt occux, wiYh the heaviest effort concentrated on
the lower 19 miles of the 105 mile long river system.
In the late 1990's, the KRSMA Advisory Board, in cooperation with local advocacy groups, worked
on a water quality monitoring fi~amework to implement systematic watex quality testing on the
"Develop, Conserve, and Bnhaxce Natural Resources for Present a~id Future Alaskans."
Reduction of Hydrocarbon Pollution - Kenai River
11/17/06
Page 2 of 4
Kenai River. In 2000-2002, the Kenai Watershed Forum conducted systematic water quality
monitoring, and was surprised aC the data that showed elevated levels of hydrocaxbons within the
water column. A more extensive study contraeted by d1e Alaska Department of Environmental
Conservation in 2003 ~ documented that outboard motors were the source of the contamination, and
that peak levels of hydxocaxbons were directly correlated with heavy use on the river Uy motorized
boaters. The study further documented fhat there were exceedances of the 10 uglL (parfs pex
billion) Alaska Water Quality Standard for total axomatic hydrocarbons (TAI~ during peak
motorized boating periods. TAH is associated wiTh gasoline contamination.
Additional water quality monitoring by the Kenai Watershed Forum 'rn 2004-2006 coufinned that
TAH continued to be a problem for the Kenai River during peak motorized boat periods. In fact, iu
each year monitored between 2000 and 2006, it has been documented Yhat there were exceedances
of the 10 ug/L Alaska Water Quality Standaxd for TAH. In 2006, the highest levels of TAH yet
were reparted, at 20.2 ug/L. This level was xeported on an extraordinarilp busy day in wl~ich
approximately 700 Uoats were counted on the lower Kenai River.
Conventional carbureted 2-stroke outUoard engines are inefficient systems. During operation, both
the intake and exhaust ports are open at the same time, allowing fuel to pass directly through the
engine. As a result, as mueh as 20-30% of the fuel passes directly to the air or water, releasing
toxic and carcinogenic materials such as hydrocarbons, to the environment.
Due to the colder waters in the Kenai Rivex, hydxocarbons do not xeadily volatize and dissipate into
the air, as They would in warmer waters typicaily found in the lowex 48 states. As a result, a
significant amount of the hydxocarbons emitted with engine exhaust Uecome dissolved in the water
of the Kenai River. The tuxbulenee of fhe Kenai River contributes to relarively equal distriburion
of the contamination, from the river's suxface to the bottom, with inexeasing levels of confamination
found as one proceeds downstream due to the accumulation of pollution froizz the collective
activities of moforized boat naffic.
An EPA contractor evaluated emission samples from hundreds of outUoard motors from various
manufacturers over the years, and established the amount of ~ollution emitted from the various
outboard engine families. EPA emission standards for outboard engine manufacturers have been
established, with the most stringent federal standards set for 2006 models?
An evaluation of the certification da2a shows that 4-stroke engiizes and the relatively new
technology found with "dixect fuel injeeted" (DFI) 2-stroke engines cousistently produce 1ow levels
of hydrocarbons, as compared to traditional carbureted 2-stroke engines.
In both 4-stroke and DFT 2-stroke outboard engines, the timing of the fuel injeerion is the key. Fuel
is injected so Chat it doesn't happen when exhaust ~ases are being expelled, preventing fuel from
being exhausted before it can be burned. Some electronie fuel injected (EFI) 2-stroke engines use
a device similar to a carbureCor so they dou't xesolve the issue of unspent fuel being expelled with
the exhaust gases. Not all EFI engines meet the new EPA standards - only DFI (a type of
electronic fuel injection) 2-stroke eugines currently meet the cleanest burning technology requixed
of new engines manufactured for use in the US. And, a114-stroke engines meet 1he cunent
emission standards.
' Kenai River Hydrocarbon AssessmenY, Final Report, January 9, 2004, OASIS Environmental, Ine.
~ L~PA Marine Spark-Ignitlon Engine Certification Data (littp://www.epa.gov/otaqlceri'dafa.hhn€kmaru~esi)
Reduction of Hydrocarbon Pollution - Kenai River
I i/17/06
Page 3 of 4
Proposed Re~ulation: The ICRSMA Advisory Board's recom~nendation that all motors be
coinpliant with "EPA's 2006 motor emission standards" cannot be imposed exactly as proposed, as
states are pre-empted from establishing standards or oYlier requirements relating to the eontrol of
emissions.3 "Standards" are interpreted by the court as a quantitative level of emissions. The courf
also decided that EPA's interpreYation of "other xequiremenTS" - certification, inspection, or
approval - was a permissible interpretation. Other types of regulations were considered in-use
r~ularion. In-use regulations were not explicitly defined, but the authoxity for the state to adopt
theln was derived in part from the state's right "otherwise to control, regula2e, or restrict the use,
operation, or movement" of motor vehicles.
The SYaYe, therefore, can adopt an in-u,se regulation that does not establish a quantitative level of
einissions, ox that does not establish certification, inspection or approval requirements related to Yhe
quantiYaCive level of emissions.
Decision: The Division of Parks and Outdoor Recreation is committed co Yhe purposes for which
the KRSMA was established by managing recreational use in sueh a way that the fish and wildlife
resources of the Kenai River are protected, by ensuring that tl~e watex quality of the Kenai River is
maintained far all beneficial uses.4 Toward that ~oal, and in ordex to reduce the levels of
hydrocarbon pollution on the Kenai River caused by motarized boat engines, all futuxe engines
should be limited to the cleanest barning engine technology thaY is available - any 4-stroke or any
DFI 2-stroke engines listed in Attachment A, or any future en~ines that meet EPA manufacturing
standards for US sale, and that are built after the signiug of this decision, subject to applicaUle
~ horsepower resfricrions established for The KRSMA.
~G~
Jerry Lewanski, Director
Division of Parks & Outdoor Recreation
11/16/06
Date
' EiV1A vs. HPA, decided July 12, 1996
"AS41.21.500-t1S41.21.514
Reduclion of Hydrocarbon Pollution - Kenai River
11/17/06
Page 4 of 4
Attachment A
Outboaxd motors that qualify foc use ois the Kenai Rivex, as discussed in the Director Deeision
addressing the reduction of hydrocarbon pollution from motorized Uoats on the Kenai River, include
fhe following engines or types of engines:
1. Any 4-stroke motor, subject to applicable horsepower restrictions in effect a2 the time the
xegulation is finalized
2. Direct Fuel Injected 2-Sffoke motors, as follows:
a. Nissan or Tohatsu, model 40 TLDI or 50 TLDI (subject to applicable hocsepower
restrictions in place at the time the regularion is finalized)
b. Bombaxdier ivlotor Corpoxation (Evinrude) model &TEC 40 or &TEC 50 (subject to
applicable horsepower restrictions in place at the rime the regulation is finalized)
%
~~~~~
-- - ~ /.
~~ tkeoa'yof ~~
KENAI~ SKA
December 14, 2006
ICRSMA
Kenai River Center
514 Funny River Road
Soldotna, AK 99669
"V'lla~e r.vitti a Past Gi~ wit~i a Fr~tc~Ye"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
Subject: Proposed Alaska Department of Natural Resources (ADNR) Regulatory
Changes
Members of the KRSMA Board:
The purpose of this correspondence is fo request that Che KRSMA Board pass a
motion/resolution requesting that ADNR pos2pone the implementaCion of proposed
changes to ll AAC 20.860 and 11 AAC 20.861 reiating to allowed boat motors use, and
a1lowEd boaT specifications for fhe Kenai River Special Management Area.
Yesterday the cify council met with a representative of ADNR to discuss these proposed
regulaCory changes. At the conclusion of the meeting I was directed to submit comments
to ADNR requesting that the implementation of these proposed changes be postponed
unCil Yhe Phase 2 wake study was complete and reviewed, and alternative methods of
reducing total aromatic hydrocarbons (TAI~ were considered.
Thank you for your attention in tlus matter.
Sincerely,
1 Y O~GNAI
~
~R c Kocl~.
City Manager
~~
12-10-2006
Honorable Pat Porter-Kenai City Mayor
Kenai, Alaska 99611
Dear: Mrs. Mayor Pat Parter ~ City Council Members
Subject: City CounciPs Ordinance to ban 2-stroke engines from the Kenai City
Dock-launching ramp by 2007
I do believe the city council members are doin~ the right thing by voting to get
comments from the public on restricting the uae of various moEore fhat are not a
four -stroke.
I am not in favor of the arouosed ordinance bv citv council member Joe Moore. It
sounds like we should be looking at the real source of the hydrocarbon problem it's
not the local people who are mostly weekend sports fisherman that live here. We
need to regulate the guide industry they have over 500 boats to maybe 20 daily local
sports ~isherman that live here on the Kenai Peninsula that fish the Kenai river for a
day of fun.
Sense we are ento changing the rules on the Kenai River; you need to limit the
guides to three days per week and loeal fisherman to three days and take
hydrocarbon reading to ensure that the problem is the two-stroke enginea I have
been an Alaskan for over 45 years and yes I have been fishing the Kenai River since
the early 80's and we used fo catch our limit and now with all the guidea and no
regulations to control them and most of us go out and don't cateh to many fish.
When you see the guides with bigger boats, new 50 hp and 6 fishermen on board
traveling much faster, they say their boats have been detuned, I don't think so. I
think this whole issue is about money not about realiy fixing the problem. The
gaides should be treated fike the commercial ~shermen, same type of rul~s apply to
them and maybe we can get some relief and catch a few fish and maybe it would be
worth if to get a 4-stroke engine. 1VIost of my friends have give up on fishing the
Kenai River for Kings to many boats they wait until the silver salmon run comes in.
I would l~ope you would listen to the local people who have hoats that live here year
round and to make sure it is a fair decision, so please do the right f6ing for all of us.
Thanks!
Respe ~ fully Submitted.
'' ;~ ~~ ~ '~ ;,T ~
onald L. Me loud-Pa t Ken Peninsula Borough Assembly President
405 Haller Street
Kenai, Alaska 99611
Phone: 907-283-7565
~K
~~
~-~
Kenai Cify Coun¢i1
21 Ci ~idaigo r~ ve.
ICenai, .$k. 99fi E I
Dear i`,4a~ar Poreer a$3d City Cotmcilmen,
.e
~~~ ~~ b~~ '... ~ ~
~ l
; r~~c 2 0 2a~~ 'i
__ . _
f "' F ~';~: x ~ I ~ ~ ,~, ` ~ ,'.
i , , . ._ . ~~-m.....
~
Dec.13,2Q06
As a resickent aead property owner in the Cify aF Keerai, arzd havie7g been otte tbe over eleven years, l've got
to aak if yau havc ]oat your 6e4Eer senses? VJhy do yc~u wish to wasEe your Cime, at'renaCe loeat su~porters,
and t¢m eway city revenue, whan aPl your acf.inns w'til do nothin~ to help the water qualiry in the Kenar
River?
Cf s~li the reaoruroe ageneies a e working an a wide vaa•fery af causes, why would yoee targc,~t one Sro¢~~ gR•~il~y
oPriver users^ GJhy do yau feel pau rngzst t;tke thc lead in someCfiin~ pou kno~u vnry littYe abcuC, when
fihere are professianals workir~g daify an t[~ese problerna. Wr~y ~,otild yoa up ¢he iime table fbr p~le taunch.
wheTa using the river is sti(I allnwffb}e, ~yFay nQr FpZtov~ ;t~~ ottrer r~gencias fime lines, since they are the at~es
avesseeiitg the big piclura.
1~/haY gerod would yoia do by forcing everyane wrkh a 2-sYroke mviar to usa someone e~se's bodt ramp?
There ase sevara~ goorl a;ternat]ves 2a Kanai's, one is rigl~t acraae the river from yours. If the raver ia only
pollut~d Crcyand the set ~eandasds ii~ 3uly, thaez why b~s ehe 2-stroke mators year around7
,4 rerrasentatiue for Yhe commercia4 set netter~ f~as a;rogdy asked frrr an excc~ption for Yhem, and ihe drift
n~f ~oats wilt be next. flave you laoked arotrnd ~}tuse bip boaCs anchored ia the river in fi•srnt af the iaanch?
Most c~f'them are oid.:r than the Z-sYroke motars, xred mast tikely have dieseE fuei, hydraulic bii, and nther
p~trnlaum producps drsppin~ into khe river.
A loe of your t~ payi~g ciffzeus, li3ce me, Eiave mrn~13 baazc iuith 2-smoke motors. if we nsed +Y.aam ~veryday,
ins~fa,~d of x facv Yimes a,y~ar, it wauld be a diffarenY roatt~c if wc had sevaral axtra thavs~sd doflara lyin~
around wc wpuld ai! bny aew 4-strokes, buY treost o#'us don't. A lat af us aze c~icier rceired peopie who
worke~P hud for wt~aC we h~ve, and I don't think it is eoo m¢c#s t4 aek, far you ~uys to ~zoc ma[ce 1t harder on
us than it already is.
N'ow that t Yhlnk aba¢t it --- that really is not yotir boaP taune6 ---- if balortgs fo ¢s oit6zcns wh~ paid for
iC w'ttta aur t~ces; artfl it ae rnaintait~ed by us uaers e~ith ow (aunch fees. So I respetttut4y request th~t pau
keeEr iE open Pur peaple wifB 2•straka moTors.
3incere6y your.
Robert A. 5tockdatc
I 53 } Toyon 'V/ay
IGena't, Ak~. 9961(
. . . r .~ 'Y ~ ,- k ' . . .
„ ~. : , e -
i
Su~gested by: Council
CITY OF KENAI
RESOLUTION NO. 2006-67
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE
CONTINUATION OF THE PROJECT ENTITLED "MC COLLUM-t1LIAK-JAPONSKI° AND
DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT.
VVHEREAS, the Council directs the City Administration to continue with this project;
and,
WHEREAS, the following is a list of major improvements that are scheduled to Ue
completed under this project:
1. Ditch re-construction (as needed)
2. Roadway re-construction (as-needed)
3. Culvert replacement (as needed)
4. Preparation of existing surfaces
5. Crushed aggregate base course
6. Asphalt pavement; and
WHEREAS, the Council finds the improvements are necessary and of benefit to the
properties to be assessed; and,
WHEREAS, the local improvement district costs will be ailocated based Fifty percent
(50%) on square footage, and fifty percent (50%) on front footage basis ea~tending one
lot deep or 300 feet deep for unsubdivided properties, adjacent to improvements in this
area; and,
WHEREAS, the project is not objected to by owners of properties bearing fifty percent
(50%) or more of the estimated costs to be borne by property owners; and,
WHEREAS, an account will be kept of all costs of the hnprovements and that after all
costs are known, the City Manager shall prepare an assessment roll for the
improvements; and,
WHEREAS, all of the above improvements will be done in this area but only twenty-five
percent (25%) of the total completed improvements will be assessed to the benefited
properiy owners; and,
WHEREAS, this resolution will be mailed to each property owner adjacent to the
streets designated for improvements; and,
WHEREAS, the property owner's name and address used will be that which is on
record at the Kenai Perunsula borough on this date, December 20, 2006.
Resolution No. 2006-67
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE ClT OF KENAI,
ALASKA, that the City will continue with the project entitled "McCollum-Aliak-
Japonski" and the improvements listed above.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
December, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. FYeas, City Clerk
clf
"~'lla~qe ~Ltl~ R past, G~~y~~~t~ a F~t~Ye"
~ ~~~~ti, 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 .~,~
°~=, Telephone:907-283-7535/FAX:907-283-3014 ~'I~'~
- 1992
tl~eu~of
KENAI~ SKA
MEl~~IO:
TO: City Council
~~ FROM: Rick Koch, City Manager
DATE; October 24, 2006
SUBJECT: Aliak-McCollum LID
'I`he purpose of this coirespondence is to request the Council cancel the present LID for
the above refereuced area, and for Council fo initiate an LID for Yhe same general area,
and including six additional properties.
The latest petition for fllis LID was received by the City o1i September 16, 2005. Council
approved the LID on March 16, 2006. Admiilistration communication to the Council and
property owners provided a cost Estnnate of $ 4'77,000, for a scope of work including:
1. Clearing and Crrubbing
2. Ditch Re-Construction (All)
3. Culvert ReplacemenT (AI1)
4. Culvert End-Sections
5. Preparation of Existing Surfaces
6. Topsoil & Seeding
7. Crushed Aggregate BasE Course
8. Asphalt Pavement
The scope of worlc that is currentiy being considered is estimaYed to cost $ 305,693.40,
which includes the following:
1. Ditch Re-ConsYiuction (As Needed)
2. Roadway Re-Consfruction (As Needed)
3. Culvert Repiacement (As Needed)
4. Preparation of Existing Surfaces
5. Crushed Aggregate Base Course
6. Asphait Pauemeilt
The Administration recommends properties located at 505, 506, 507, 508, 601 7aponsld
Drive and T6N, Rl l W, S34, Government Lot 35 be added to the LID. The
adiniilistration also recommends that improving Japonski Drive be included in the LID.
When LID's axe undertaken it is in the best interest of the City to upgrade/pave entire
areas so that maintena~ice of gravel roadways can be eliminated.
Attached please find a spreadsheeC titled "Aliak/McColluin/Japonski LID, Calculation of
Assessment Methodologies". The first page of the spreadsheet provides all of the data
that was used in generating differing methods of LID assessments. Pages two and three
identify costs associated with the following assessment methodologies:
1. Per Lot. A calculation dividin~ the estimated cost of improvements by thc
number of properties included in the LID
2. Square FooCa~e. A calculation dividing the estiinated cosT of improvements by
the total square foota~e of properties, and assessing each properiy by it's pro-
rata share.
3. KPB Property Assessment. A calculatioil dividing the estimated cost of
improveinents by the total KPB property assessment, and assESSing each
property by iYs pro-rata share.
4. Front Footage. A calculatioil dividing the estimated cost of improve~nents by
fhe total length ofproperty frontage to theroadway improvements, and
assessing each property by it's pro-rata share.
'I'here are specific individualexeepCions to the above identified by asterisks located by
property owners names, and explained at the bottom of pa~e one of Ule attached
spreadsheet.
The third page of the spreadsheet also identifies the estimated individual property
assessment under the prcvious LID, and the administration reeommended method of LID
assessment. The adlninistrafions recommendation is to assess the properties in the LID
based fifty percent (50%) on property square footage, and fifty percen2 (50%) on front
footage. We Uelieve this provides the fairest method of identifying the benefit and utilify
of the iu7provements Co the property owners.
As you can see the reducfion in the scope of work, and inclusion of additional properties
generaliy results in a lower estimated assessments.
Thank you for your attention in this inatter.
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P.O. Box 526 • Cooper Landing, AK 99572
907 • 595 • 5950 Ce11907• 398 • 2698
~
SUBSTITUTE
Suggested by: Council
CITY OF KENAI
RESOLUTION NO. 2006-67
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE
CONTINUATION OF THE PROJECT ENTITLED "MC COLLUM-ALIAK-JAPONSKI" AND
DESIGNATING WF-iAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT.
WHEREAS, the Council directs the City Administration to contuiue with this project;
and,
WHEREAS, the following is a list of major improvements that are scheduled to be
completed under this project:
l. Ditch re-construction (as needed)
2. Roadway re-construction (as-needed)
3. Culvert replacement (as needed)
4. Preparation of existing surfaces
5. Crushed aggregate base course
6. Asphalt pavement; and
WHEREAS, the Council finds the improvements are necessary and of benefit to the
properties to be assessed; and,
WHEREAS, the local unprovement district costs wlll be allocated based fifty percent
(50%) on square footage basis extending one lot deep or 300 feet deep for un-
subdivided properties, and fifty percent (50%) on front footage, adjacent to
unprovements in this area; and,
WHEREAS, on November 1, 2006 the Kenai City Council unarumousiy passed
Resolution No. 2006-60, initiating this Local Improvement District; and,
WHEREAS, an account will be kept of all costs of the unprovements and that after all
costs are known, the City Manager shall prepare an assessment roll for the
improvements; and,
WHEREAS, ail of the above improvements will be done in this area but oniy twenty-five
percent (25%) of the total completed improvements will be assessed to the benefited
property owners; and,
WHEREAS, this resolution will be mailed to each property owner adjacent to the
streets designated for unprovements; and,
WHEREAS, the property owner's name and address used will be that which is on
record at the Kenai Perunsula borough on this date, December 20, 2006.
SUBSTITUTE
Resolution No. 2006-67
Page 2 of 2
NOW, THEREFORE, BE IT RESOLUED SY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City will continue with the project entitled "McCollum-Aliak-
Japonski" and the improvements listed above.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
December, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
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P.O. Box 526 • Cooper L.anding, AK 99572
907 • 595 • 5950 Ce11907 • 398 • 2698
-~
Suggested by: Adininistration
CITY OF KENAI
RE$OLUTION NO. 2006-68
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING TH~
CITY OF KENAI FY 2008 CAPITAL IMPROVEMENTS PLAN (CIP) PRIORITIES i'OR TH~
CITY OF KENAI.
WHEREAS, the Capital Improvements Plan (CIP) is a guide for capital expenditures;
and,
WHEREAS, the City intends to use the CIP as a guide for capital e~cpenditures; and,
WH~REAS, the City of Kenai CIP process has involved consideration oP existing plans,
programmatic needs, and public input; and,
WHEREAS, the CIP process has also involved a public nonunation and comment
process; and,
WHEREAS, the CIP compliments the legislative priorities, City Budget, and
Comprehensive Plan; and,
WHEREAS, the Kenai City Council held a works session on December 11, 2006 to
discuss the Capital Improvements Program.
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CPPY OF KENAI,
ALASKA adopt the City of Kenai F`Y 2008 Capital Improvements Plan Priorities for the
City of Kenai as shown on Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
December, 2006.
PAT PORTER, MAYOR
ATT~ST:
Carol L. Freas, City Clerk
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
;MBER 6, 2006
7:00 P.M.
KENAI CITY COUNCIL
http: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roil 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)
l. Bill Coghill, Mikunda-Cottrell & Co. -- City of Kenai Audit Report.
2. Councii Member Barry Eldridge - Greetings from Buenos Aires,
Argentina Council.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCIL5
ITEM E: PUBLIC HEARINGS
Ordinance No. 2198-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professional Services.
(Clerk's Note: A mofion to postpone Ordinance No. 2198-2006 to December
6, 2006 was passed at the Nouember 21, 2006 councii meeting. The
mofion to adopt is actiue.)
2. Ordinanee No. 2201-2006 - Inereasing Estimated Revenues and
Appropriations by $638 in the General Fund for a Grant From the
Rasmuson Foundation Arts and Culture Programs.
3. Resolution No. 2006-66 -- Directing the Continuation of the Project
Entitled "Angler Drive Assessment District" and Designating What
Improvements Are to be Included in This Project.
4. *Application ffos Liquor License - Matson Winery & Supply/Winery
YTEM F: MINUTES
1. *Regular Meeting of November 21, 2006.
ITEM G: UNFINLSHED BUSYNESS
ITEM H: NEW BUSINESS
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. Ordinance No. 2202-2006 -- Limiting the Use of the City of Kenai Boat
Launch, L.ocated at the Municipal Harbor, to Vessels and Boats Powered
by Four-Cycle or Direct Injection Two-Cycle Engines.
4. Approval -- Vacate Cricket Drive, a 60-Foot Public Right-of-Way
Dedicated by Baron Park SuUdivision No. 5(Plat KN 86-165); and
Associated Public Utility Easements and the 20' Utility Easement
Between 17act C and Lot 1; All Within Section 33, Township 6 North,
Range 11 West, Seward Meridian, Alaska, the City of Kenai and the
Kenai Peninsula Borough; KPB File No. 2006-032; Petitioner: Charles M.
Kopp, Acting City Manager of Kenai, Alaska; I.ocation: City of Kenai.
5. Approval -- Assignment of Lease/Consent to Assignment - F7om Corey,
Inc., d/b/a Upper Deck and Jody Donaghe, Individually, to Rosin
Investments, Ina and Scott Rosin, Individually.
6. Approval - Heaith Insurance Plan Amendments.
'7. Discussion -- Combining Comtnission/Couunittees.
(Cierk's Note: This item was postponed at the I 1/21 /06 meeting to
December 6, 2006.)
8. Discussion -- Review/Council Meeting Telephonic ParUcipation
ITEM I:
1. Council on Aging
2. Airport Comrnission
3. Harbor Cornniission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Comnlission
7. Miscelianeous Cozntnissions and Comrnittees
a. Beautification Comrxiittee
b. Alaska Municipal League Report
ITEM J: REPORT OF THE 1VIAYOR
YTEM K: ADMIN%STRATYON REPORTS
l. City Manager
2. Attomey
3. City Clerk
YTEM L:
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION - None Scheduled
ITEM M: t1DJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETYNG
DECEMBER 6, 2006
?:00 P.M.
KENAI CYTY COUNCIL CfiAMBERS
http: / /www.ci.kenai.ak.us
MAYOR PAT PORTER, PRE3IDING
MINYTTES
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.
A-2.
ROLL CALLa
The City Clerk took roll. Present were:
Robert Mollo Pat Porter, Ma or Joe Moore, Vice Ma or
Linda Swarner Barry Eldridge Rick Ross
l
A quorum was present.
Also present: Adam DeMello, Student Representative
A-3. AGENDA APPROVAL
Mayor Porter noted the following requests for inclusion in the packet
ADD TO: E-1, Reference: Ordinance No. 2198-2006, Memorandum from Airport
Manager Cronkhite related to the Airport Operating Agreement
Negotiation Contract.
ADD TO: E-3, Resolution No. 2006-66 -- Email correspondence from Bill
Bancroft and Ron & Elaine Rainey noting their preferences of assessment
options.
REMOVE
FROM THE
CONSENT
AGENDA: F-1, Minutes off November 21, 2006 Council NYeeting
(correction/replacement to be made, Page 14 of 11 /21 /06
Council Meeting minutes).
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 2 of 17
ADD AS: H-3a, Substitute Ordanance No. 2202-2006 -- Amending KMC
11.05.090 Entitled, "Use of Launch Rainp and Float," by Adding a
Subsection Limiting the Use of the city of Kenai Boat Launch, Located at
the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or
Direct Injection Two-G~cle Engines.
ADD TO: H-3a, Explanation of differences/two-cycle v. four-cycle internai
combustion engines.
ADD TO: H-S, Discussion/Telephonic Participatson -- Coinments submitted by
Council Member Boyle.
ADD AS: Information Item No. 9-- 12/4/06 KK letter related to Kalifornsky
Beach Road Rehabilitation Project #57803.
MOTION:
Council Member Molloy MOVED for approval of the agenda with the requested
changes and Council Member Eldridge SECONDED the motion.
VOTE:
*Student Representative DeMello: Yes
Mollo Yes Bo le Absent Porter Yes
Moore Yes Swarner Yes Eldridge Yes ~
~ Ross ~ 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 SECONDEU the motion. There
were no objeetions. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
B-1. Bill Coghill, Mikunda-Cottrell & Co. -- City of Kenai Audit Report.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 3 of 17
Mr. Coghffl reviewed the Comprehensive Annual Financial Report with council and
noted the financial report indicated basically no liabilities and that the city is in a very
healthy position. He also reported the State and Federal Single Audit Reports showed
no problems and were clean. Copies of Uoth reports were distributed to councii.
B-2. Council Member Barry Eldridge - Greetings from Buenos Aires,
Argentina Council.
Council Member Eldridge reviewed a letter of greetings from Buenos Aires, Argentina
which was included in the packet. Eldridge also gave a brief background report of the
area and its similarilies ta Kenai.
ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
- None.
ITEM E: PUBLIC IiEARING5
E-1. Ordinance No. 2198-2006 -- Increasing Estimated Revenues and
Appropriations by $25,000 in the Airport Fund for Professional Services.
(Clerk's Note: A motion to posipone Ordinance No. 2198-2006 to December
6, 2006 was passed at the November 21, 2006 wuncil meeting. The
motion to adopt is actiue.)
There were no public comments.
Council Member Molloy indicated the Airport Conunission had recommended approval
of the expenditure. City Manager Koch reviewed the memorandum distributed at the
beginrung of the meeting, and explained the consultant would offer technical resources
for administration, who will be doing the negotiations.
VOTE:
*Student Representative DeMello: Yes
Molioy Yes Boyle Absent Porter Yes
Moore Yes Swarner Yes Eldridge ( Yes
Ross Yes
MOTION PASSED UNANIMOU~LY.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 4 of 17
E-2. 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.
MOTION:
Council Member Molloy MOVED to adopt Ordinance No. 2201-2006 and Council
Member Swarner SECONDED the motion.
There were no public comments. Administration indicated the Kenai Convention &
Visitors Bureau applied for a larger grant, however the amount included in the
ordinance was the amount award.
VOTE:
*Student Representative DeMello: Yes
Mollo Yes Bo le Absent Porter Yes
Moore Yes Swarner Yes Eldrid e Yes
Ross Yes
MOTION PASSED UNANYMOUSLY.
E-3. Resolution No. 2006-66 -- Directing the Continuation of the Project
Entitled "Angler Drive Assessment DistricY' and Designating What
Improvements Are to be Included in This Project.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2006-66 and Council
Member Moore SECONDED the motion.
The floor was opened for public comment.
Michael Blair, 1445 Angles Drive, Kenai -- Reported he distributed the petition; he
has driven Angler Drive for almost 30 years; now, almost 60% of the use is coirunercial
traffic; and, the city is ilot prepared to maintain the gravel road and he felt it would be
in the city's best interest to pave the road. Blair added, he believed the cost developed
by administration was fair, the project was not over-engineered, and should be done.
John English, 1125 Angler Drive, Kenai -- Mr. English stated he believed the square
footage methodology for detennining assessment was more equitable.
It was noted, the assessment may be 25% more than the value of the properry, either
raw ar with improvements. The assessed value was included in the improvements.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 5 of 17
Ross Harding, 1535 Angler Drive, Kenai -- Stated he believed the 1/3, 1/3, and 1/3
division of cost was the best overall.
Judy Blair, 1445 Angler Drive, Kenai -- Stated another suggestion was to assess by
the amount of traffic made by the property owner; she believed the 1/3, 1/3, and 1/3
division of cost as the most equitable; and noted, the cost will be higher for them with
the 1/3 split, Uut she believed it the most fair.
There Ueing no other public wanting to comment, the public hearing was closed.
Administration indicated Resolution No. 2006-66 stated the cost would be split 1/3,
1/3, and 1/3.
VOTE:
*Student Representative DeMello: Yes
Mollo Yes Bo le Absent Porter Yes
Moore Yes Swarner Yes Eldrid e Yes
Ross Yes ~ I,
MOTION PASSED UNANEMOUSLY.
E-4. Application for Liquor License -- Matson Winery & Suppiy/Winery
Approved by consent agenda.
ITEM F: MINUTES
F-1. Regular Meeting of November 21, 2006
Removed from the consent agenda.
MOTION:
Council Member Molloy MOVED to approve the regular meeting minutes of November
21, 2006 and Council Member Eldridge SECONDED the motion.
MOTION TO ANiEND:
Council Member Molloy MOVED to amend the November 21, 2006 meeting rrunutes by
substituting page 14 and Councll Member Eldridge SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 6 of 17
VOTE ON AMENDMENT:
*Student Representative DeMello: Yes
Mollo Yes Bo le Absent Porter Yes
! Moore Yes i Swarner Yes Eldridge Yes
~ Ross Yes
MOT%ON PASSED UNANIMOUSLY.
VOTE ON MOTION AS ARRENDED:
*Student Representative DeMello: Yes
Molloy Yes Bo le Absent Porter Yes
~ Moore
_ Yes
-- Swarner
. - Yes
. Eldridge Yes
~ Ross ~ ~
Yes I . ----~ -- -- ~
MOTION PASSED UNANIMOUSLY.
ITEM G: UNFINISHED BUSINESS -- None.
ITEM H:
H-1. BiiPs to be Rati£xed
MOTION:
Council Member Swarner MOVED to ratify the biils and requested UNANIMd
CONSENT. Council Member Moore SECONDED the motion. There were no
objecfions. SO ORDERED.
H-2. Approval of Purchase Orders Exceeding $15,000
MOTION:
Council Member Swarner MOVED to approve the purchase orders exceeding $15,000
and Council Member Moore SECONDED the motion. There were no objections. SO
ORDERED.
H-3. Ordinance No. 2202-2006 -- Limiting the Use of the City of Kenai Boat
Launch, Located at the Municipal Harbor, to Vessels and Boats Powered
by Four-Cycle or Direct Injecfion 1~o-Cycle Engines.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 7 of 17
MOTION:
Council Member Moore MOVED to introduce Ordinance No. 2202-2006 and Council
Member Eldridge SECONDED the motion.
MOTION TO AMEND:
Council Member Moore MOVED to amend Ordinance No. 2202-2006 by replacing with
Substitute Ordinance No. 2202-2006 marked H-3a and Council Member Eldridge
SECONDED the motion.
Council Member Moore explained he believed, because the ordinance discussed an
important issue, public comment would be taken at this meeting, at the norinal public
hearing scheduled for December 20, as well as additional public hearings.
The floor was opened for public hearing
Robert Ruffner, Executive Director, Kenai Watershed Forum - Mr. Ruffner
thanked the council for taking the first step; believed it was commendable the city had
taken the action to bring forward an ordinance; and, was encouraged the city had
brought the issue forward to discuss.
George Parks, Soldotna, AK -- Stated his concern for the effective date of May i,
2007 being too soon, that some non-commercial fishers would not be abie to afford the
cost of upgrading to a four-cycle motor, and suggested the effective date be moved
forward.
Paui Shadura, P.O. Box 1632, Kenai, AK - Mr. Shadura distributed a letter from the
Kenai/Soldotna ~sh & Game Advisory Coimiiittee to the Department of
Environmental Conservation and suggested the City, instead of forwarding an
ordinance, send a proposal to the Board of Fisheries to reflect the comments of the
Advisory Corruliittee. He also noted, the four-stroke engine rule would restrict sport
and personal use fishing; suggested an exemption for boats used for transporting to
and from fishing boats, etc.; suggested phasing out of two-cycles engines; and, the
Coinmittee tried to find consensus related to going to drift only but found it a problem
for ali users and felt recommendations should be for the overall user group.
Jim Butler, Kenai -- Suggested amendments to the ordinance include:
• More definition/expianation in the whereas paragraphs.
• Include a component for transitioning. (mitigation, educalion and fees)
• State why the issue is so important to the city, i.e. quality of life,
economic interest, etc.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 8 of 17
• Try to identify something that is enforceable and would be effective.
• Keep fees minimal.
Butler stated he would submit some written comments to the city manager.
VOTE ON AMENDING BY SUBSTITUTION:
*Student Representative DeMello: Yes
Mollo Yes Bo le Absent Porter Yes '
Moore Yes Swarner Yes Eldrid e Yes '
Ross Yes '
MOTION PASSED UNANIMOUSLY.
VOTE ON INTRODUCTION:
*Student RePresentative DeMello: Yes
Mollo Yes Bo le Absent Porter Yes
Moore Yes Swarner Yes Eldrid e Yes
Ross Yes ~
MOTION PASSED UNANIMOUSLY.
H-4. Approval - Vacate Cricket Drive, a 60-Foot Public Right-of-Way
Dedicated by Baron Park Subdivision No. 5(Plat KN 86-165); and
Associated Public Utility Easements and the 20' Utility Easement
Between'IYact C and Lot 1; All Within Section 33, Township 6 North,
Range 11 West, Seward Meridian, Alaska, the City of Kenai and the
Kenai Perunsula Borough; KPB FYle No. 2006-032; Petitioner: Charles M.
Kopp, Acting City Manager of Kenai, Alaska; Location: City of Kenai.
City Manager Koch explained, the title as subxnitted on the agenda was incorrect, due
to an error of the Barough's. The correct information was included within the packet
of information provided and the error was on the cover letter only. The titie should
have read:
Vacate a 33-foot right-of-way easement along the south boundary of Lot
2 and a portion of the 33-foot right-of-way easement along the west
boundary of I.ot 2, reserved in the Patent recorded in Book 16, Page 189,
Kenai Recording District; all within Section 33, Township 6 North, Range
11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 9 of 17
Peninsula Borough. KPB File No. 2006-282. Note: A 33-foot Water &
Sewer Easement will be retained. Location: City of Kenai.
Koch reported, the vacation request had been through the process at the Borough and
the City with the Planning & Zoning Comuiission reviewing it and stating no
objections. Unless there was objection to the vacation, Councll needed not take any
action.
Council stated no objections to the request for vacation.
H-5. Approval - Assignment of Lease/Consent to Assignment - FYom Core}~,
Inc., d/b/a Upper Deck and Jody Donaghe, Individually, to Rosin
Investments, Inc. and Scott Rosin, Individually.
MOTION:
Council Member Molloy MOVED for the approval of the Assignment of L,ease and
Consent to Assignment. Council Member Swarner SECONDED the motion and
requested UNANIMOUS CONSENT. There were no objections. SO ORDERED.
H-6. Approval - Health Insurance Plan Amendments.
Finance Director Semmens reviewed the memorandum included in the packet which
discussed options to provide health insurance for employees with the goal of reducing
premium costs. He indicated the use of a Health Reimbursement Arrangement (HRA)
was found to be the best option and noted how the plan would be used; reviewed a
comparison of insurance options and costs; reported an attractive price quote was
received from Premera Blue Cross to change the city's renewal date to January 1 and
would lock the city on a reasonable cost increase; and, indicated an increase in the
deductible from $200 to $1,000 would take place.
Discussion followed related to advantages, reimbursement of costs, etc.
MOTION:
Council Member Ross MOVED to direct Admirustration to pursue the Health.
Reimbursement Arrangement (HRA). Council Member Swarner SECONDED the
motion and requested UNANIMOUS CONSENT. There were no objections. SO
ORDERED.
H-7. Diseussion -- Combining Commission/Committees.
(Cterk's Note: This ifem was posfponed at the 1 I{2I /06 meeting to
December 6, 2006.)
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 10 of 17
Mayor Porter referred to information provided in the packet which included
attendance, agendas, and meeting schedules from the past year for the Parks &
Recreation Commission and Harbor Coimnission. She noted difficulties finding
persons interested in serving on the Comnussions and suggested the comiiiissions be
combined as their interests were much alike.
Clerk Freas read into the record comments submitted by Council Member Boyle.
Discussion followed and Council requested the issue be brought Uefore the
co~imissions for discussion and Administration report back with a recommendation.
H-8. Discussion -- Review/Council Meeting Telephonic Participalion
Council reviewed information included in the packet which included copies of the
original ordinance allowing telephonic participation at council meetings and a more
recent ordinance which increased the number of ineetings allowed to participate
telephonically.
Discussion followed in which comments included:
• Not interested in increasing the number of ineetings allowed to be
attended telephonically.
• Interest in putting responsibility back on the council members who wish
to participate telephonically in order to be fairer to the public, staff and other councll
members.
• When members have been telephonically, it has not been disruptive and
has worked we1L
• Suggestion notice shouid be increased from 24 hours to 48 hours.
• Prompt notification of telephonic participation would eliminate
duplication of packets.
• Suggestion council members be notified when the Clerk receives a
notification of telephonic participation.
• Suggestion the council member who requests a packet be shipped be
responsible for the cost of shipping.
Administration was requested to prepare an ordinance for consideration and including
the suggeslions made during the conversalion.
ITEM I: COMMISSION/COMMITTEE REPORTS
Y-1. Council on Aging -- It was reported the next meeting would be held on
Thursday, December 7, 2006.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 11 of 17
I-2. Airport Commission - Council Member Molloy reported the next
meeting was scheduled for Thursday, December 14, 2006.
I-3. Iiarbor Commission -- It was reported the next meeting was scheduled
to be held on Monday, December 11, 2006.
I-4. Library Commission -- Council Member Swarner reported a joint work
session was held on Tuesday, December 6 related to the proposed library expansion.
She also reported, a request may be made to move the January 2 Library Cormnission
meeting to another date.
I-5. Parks 8r Recreation Commission -- Council MemUer Moore reported the
next meeting would be held on December 7, 2006.
Porter noted an application from Brad Deneson was included in the packet for review
and consideration for appointment to the Coinrriission. Council had no objections to
the appointment.
I-6. Planning & Zoning Commission - Council Member Ross reported the
ne~ meeting was seheduled for Wednesday, December 13, 2006.
I-7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee - Swarner reported no meeting was
scheduled for December.
I-7b. Alaska Municipal League Report -- Swarner reported no meeting was
scheduled for December.
ETEM J: REPORT OF THE MAYOR
Mayor Porter reported Council Member Eldridge would take her place as the city's
representative to the Kenai Convention & Visitors Bureau Board of Directors.
ITEM K:
K-1. City Manager -- City Manager Koch reported the following:
• He signed the Lowe's property agreement. The closing is expected to take
place in January.
• The Wal-Mart agreement was getting close to completion.
• Work continues on the management agreement for the PRISM building
and it is intended to bring the agreement before wuncil at the next meeting.
• Noted his letter in response to the impaired river status was inciuded in
the packet.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 12 of 17
• The consultant has finished the categorization of water well quaiity and a
drilling program has been requested for Third Avenue/Spruce Street and the golf
course area.
A brief discussion took place related to a project that may take place in the Walker
Lane area.
K-2. Attorney -- No report.
K-3. City Cierk -- No report.
YTEM L: DISCUSSION
L-1. Citizens -- None.
L-2. Council
Moore -- • Reported he represented the City of Kenai at the Governor's
inauguration. An inauguration ball will be held in Kenai in February.
• Complimented the Street Department and Administration related to a
new weekend street-plowing philosophy.
Swarnes -- . Welcomed the Rosin's as new lessees at the Airport.
• Suggested a central calendar be provided to the grader operatars to
indicate when functions taking place on Sundays, the streets will be plowed.
DeMelio -- • Reported the High School students are working on a drive to
purchase phone cards for troops and are trying to make it a community-wide event.
• Reported the students are also working on holding a prom for senior
citizens.
Eldridge - No comments.
Ross -- No comments.
Molloy -- Reported he attended the Senior Center portrait reception.
-- None Scheduled
ITEM M:
There being no further business before the Council, the meeting adjourned at
approximately 9:40 p.m.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2006
Page 13 of 1 ~
Minutes subxnitted by:
Carol L. Freas, City Clerk
*T'he student may cast aduisory uotes on al1 matters except those subject to executive
session discussion. Advisory votes shall be castprior to the o~f'LCiai cowlcii vote and
shall not affect the outcome of a uote. Aduisory uotes shait be recorded in the minutes.
Student representatives may not moue or second items during a councit meeting.
Page 1 of 1
Carol Freas
From: Keith Kornelis
Sent: Wednesday, December 13, 2006 2:55 PM
To: Carol Freas: Rick Koch
Cc: Larry Semmens; Jack LaShot; Jan Tayior; Cary Graves
Subject: RE: McCollum-Aliak-Japonski LID
Carol,
Fiick is going to comment on the scope of work and how the LID costs will be allocated.
This ~ID was originally started by the petition method but when Japonski was added it was changed to City
Cou~cil initiated by resolution. The fifth WHEREAS should read: "WHEREA_S_,_Resolution No_2006-60 states_
that the Ken_ai Ci~ Council. is mitiatin~ this Local Improv_emen#_Distr~ct; and,,"
The sixth WHEREAS should say that on~ 25%of the total completed im~rovements will_be assessed to the
benefited property_owners. This is the last one at 25%75. Cou~cil said since their initial petition was at 25%
they wouid only have to pay 25%.
Keith Kornelis, Public Works Manager
907-283-8232 City Safety Coordinator
Fax 283-3014 Harbormaster
----Original Message-----
From: Carol Freas
Sent: Tuesday, December 12, 2006 10:08 AM
To: Rick Koch; Keith Kornelis
Subject: McCollum-Aliak-Japonski LID
Attached is the resolution for the continuation of the McCollum-Aliak-Japonski LID which is to be before
councii at the December 20 meeting. Please review it and make the necessary changes related to the
scope of the project and administration's recommendation. I'll need it Thursday afternoon.
Thanks.
Carol L Freas, City Clerk
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Phone: (907) 283-7535, exte~sion 231
Fax: (907) 283-5068
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Suggested by: City Council
CITY OF KENAI
ORDYNANCE NO. 2203-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1.15.130 ENTITLED, "TELEPHONIC PAR'1'ICIPATION" TO EMPHASIZE
RESPONSIBILITIES OF THE COUNCIL MEMBER(S) REQUESTING TELEPHONIC
PARTICIPATION OF A COUNCIL MEETING.
WHER~AS, Ordinance No. 2130-2005 was enacted and became effective on December
2, 2005 to pernut council member attendance to council meetings through telephonic
participation, allowing members to take part in meetings when work or family matters
require their absence from Kenai; and,
WHEREAS, at the time of passage of Ordinance No. 2130-2005, the City Council
requested the ordinance Ue brought forward for review at the end of its first year of
codificalion; and,
WHEREAS, on August 19, 2006, Ordinance No. 2168-2006 was enacted and amended
Ordinance No. 2130-2005 by increasing the irutial two meetings to four a year if the
Council Member or the member's immediate fasnily member required the member to
be physically absent from more than one-half of the regular and speciai council
meetings within a three-month period due to the need for e~:tended medicai care and
treatment of the memUer or the member's immediate family; and,
WHEREAS, at its December 6, 2006 meeting, the City Council reviewed the telephonic
participation ordinance and requested further amendments be written for
consideration which would emphasize responsibilities of the council member(s)
requesting telephonic participation of a council meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF KENAI,
ALASKA, that KMC 1.15.130 entitled, "Telephonic Participation" be amended as
described in Attachment A of this ordinance.
PASSED BY THE COUNCZL OF THE CITY OF KENAI, ALASKA, this 17th day of
January, 2007.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced: December 20, 2006
Adopted: January 17, 2007
Effective: February 17, 2007
1.15.130 Telephonic pazticipation.
(a) A member of the Council may participate via telephone in a Council
meeting, if the member declares that circumstances prevent physical
attendance at the meeting. If the Mayor chooses to participate via
telephone, the vice-mayor or president pro tempore shall preside.
(b) No more than the first two (2) members to contact the Clerk
regarding telephonic participation in a particular meeting may participate
via telephone at any one (1) meeting.
(c) The member shall notify the Clerk and the presiding officer, if
reasonably practicable, at least seven (71 davs priar to a council meeting,
but not less than fortv-ei~ht (48) ['I'WENTY-I'OUR (24)] hours in advance of
a meeting that the meinUer proposes to attend by telephone_ [AND] Such
notification shall be provided in writin~ (facsimile and/or electronic
transmission included) and shall provide the physical address of the
location, the telephone number, and any available facsimile, email, or other
document transmission service. Failure to provide the notification in
member's exclusion from attendance of a council meetin throu h
telephonic participation. Upon written notifieation of the member(s)
wishin to particiAate telephonicallv (within the allotted timeframe), the
Clerk shali notifv all council members of the request.
(d) At the meeting, the Clerk shall estaUlish the telephone connection
when the call to order is iinininent.
(e) A member participating by telephone shall be counted as present
for purposes of discussion and voting.
(fl The member participating Uy telephone shall make every effort to
participate in the entire meeting. From time to time during the meeting,
the presiding officer shall confirm the connection.
(g) The member participating by telephone may ask to be recognized
by the presiding officer to the same extent as any other member.
(h) To the extent reasonably practicable, the Clerk shall provide
backup materials to members participating by telephone at the member's
expense.
(i) If the telephone connection cannot be made or is made and then
lost, the meeting shall commence or continue as scheduled and the Cierk
shall attempt to establish or restore the connection.
Ordinance No. 2203-2006
Attachment A
Page 1 of 2 ~~~ ~
(j) Meeting times shall be expressed in Alaska time regardless of the
time at the location of any member participating by telephone.
(k) Panc~ipation by telephone shall be allowed for regular, special and
work session meetings of the Council.
(1j Remarks by members participating by telephone shall be
transmitted so as to be audible by all members and the public in
attendance at the meeting, provided that in executive session the remarks
shall be audible only to those included in the executive session.
(m) As used in these rules, "telephone" means any system for
synchronous iwo-way voice communication. °Mayor" includes the vice-
mayor or any other member serving as president pro tempore.
(n) Each Council member may attend a maximum of two (2) meetings
by teleconference during the twelve (12) month period starting November 1
of each year.
(oj A Council member may attend an additional two (2) meetings by
teleconference during a twelve (12) month period starting November 1 of
each year if the member declares that he/she is physically unabie to
attend the meefing due to the need for extended medical care and
treatment of the member or member's immediate family.
(p) In this section, "immediate family" means the spouse of the person,
another person cohabitating with the person in a conjugal relationship that
is not a legal marriage, a ehild (including a stepchild or foster childJ of the
person, a parent, sibling, grandparent, aunt or uncie of the person, or a
parent or sibling of the person's spouse.
(q) Council members are responsible for any telephone long distance
and/or back-up material transportation charges incurred due to their
participation in a mee6ng via telephone unless they are absent from the
community on City business. A Council member is not considered to be on
City business merely by attendance at a Council meeting via telephone.
Telephone lon~ distance and/or back-up material shiunin~ char~es mav be
deducted from the member's monthlv stipend.
Ordinance No. 2203-2006
Attachment A
Page 2 of 2
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"l/i~la~r e u~it~a a ~'ast Gi~ ~vi~~i ~ -
210 Fidaigo Avenue, Kenai, Alaska 99611-/794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
wv~rw.c.i.kenai.ak.us
~~ the cily o f ~~
KENAl,ALASKA
U MEMORANDUM
TO: Mayor and Council Members
FROM: Carol L. Freas, City Cl rk
DATE: December 12, 2006
RE: COMMISSION/COMMITTEE TERM RENEWAIS
Following are the commission/coinmittee memUers whose terms end in January,
2007. All these members were sent a letter requesting they complete an application
form as was requested by council. Those who have submitted their application are
listed as "Want to continue terms."
'WANT TO CUbITINUE TERI4IS,
Library Commission Airport Commission
Kathy Heus Jim Zirul
Emily DeForest Jim Bielefeld
Hen Knackstedt
Harbor Commission Planning & Zoning Commission
Bill Osborn Phil Bryson I
Ro Wells !,
j Beautification Committee Parks & Recreation Commission
Mary LeFebvre Todd Wortham '
Susan Hatch
Council on A in
Richard Jurgensen
Gina Kuntzman -- Announced
resignation at ]2/7/06 COA meeting. _ _
Does Council wish to renew the above persons to the Commissions/Committee as
requested?
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DATE: ~ i f~_ ~l-'L~' ~°
NAME: ~ C~ ~~ I r`- i";4' 1
CITY OF KENAI
"Village with a past -- City witla a future. "
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT CONIMITTEES AND
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RETURN TO:
KENAI CITY CLERK
210 FIDALGO AVENUE
xErrna, nx 9ssia
PHONE: 283-7535, EXT. 231
FAX: 283-5068
Resident of the City of Kenai? ~l ~`? How Iong?
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Home Fax No. Business Telephon@ No
Business Fax No. Email Address: !~ £~ ~~~-~ ~ tR.~~' r~t ~'~
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May we include your contact information on our web page? ~L~ If not all, what information may we
include?
EMPIAYER:
Job Title
NAME OF SPOUSE: C3~~ Y~GI:~ f`~f`~t'S
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~~~1RTviYTTEE~ OR Cc~1VtriEIS610NS I1V WHICFI YOU ARE INTERESTED: ~r ~1 C~~,~y7Yra!`s,s~}~r~
WfiY DO YOU WANT TO BE INVOLVED WITH TIiIS COMMISSION OR COMMITTEE?
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WHAT BACKGItOUND, EXPERIE CE, OR CREDENTIALS DO 5'OU POSSESS TO BRYNG TO THE BOARD,
CITY OF KENAI
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KENA\v~ SNA
DATE: 8 November 2006
NAME:
"Village with a past -- City with a future. "
BACKGROUND AND PERSONAL DATA -
CANDYDATES FOR APPOINTMENT COMIVIITTEES AND
co~ussaoNs
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RETURN TO:
KENAI CITY CLERK
210 FIDALGO AVENUE
KENAI, AK 99611
PHONE: 283-7535, EXT. 231
FAX: 253-5068
How long? 38
Residence Address 515 Pine Street
MailingAddress ___ P.O. Box 1326 Kenai HomeTeIephoneNo.907/283-4780
Home Fax No. Business Teiephone No
Business Faac No. Email Address: em~ l,~g~j , net
May we include your contact information on our web page? ALL Xffif not all, what information may we
include?
>MPLOYER:
NAME OF SPOUSE:
Job Title
Current membershipin organizations: Kenai Historical Society, Alaska Historical Society
American Librarv Association, Pacific Northwest Library Association, Alaska I.ibrary
Past organizatioaal memberships: Alaska Historical Commission
~QMRZ::'TE~S fAP. COMMISSfiLDN^s IN WFIICH :'OU f~,RE dNTERESTEI3: T.i hr~_rv (:~mmi Gci nn
WHY DO YOU WANT TO BE YNVOLVED WITH THIS CpMNIISSION OR COMMITTEE?
Tpn~ ascnriatinn urith thP KPnai ('nmmnnit~+Tibrarv ~
WHAT BACKGROUND, EXPERIENCE. OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
COMMISSION OR COMMITTEE MEMBERSHIP?
Kenai Communit~ Tibrar~* Director from 1970 until retirement (19991
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NOV-U2-2006 07:59A~ FROMr T-153 P.~01/0~1 f-642
CITY OF ~:ENAI
"'Vill¢ge w~'h a past -. City with a future. "
°~"'~' ~' $ACHGROUND AND PERSONAL IyATA -
-` ~ CANDIDATES FOlt APPOIIVTMLNT CQNIlVIITTEES AND
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RT. p~~(~py ~T~
Co1Y119J11yVio1Y~:J
. Che cify af . .
fiETUAN TO:
$ENAS CITY CLERK
210 FYDALC,O AUENUE
RENLiL, AK 99611
PHONE: 283-7535, EXT, 23I
DATE: ~~ 1 U V FAX: 283-5068
NHN[E: ~~=i"`~;? I~~ ~.~J'w~
Resideat oE the GiLy of Keuai? _ P. .J c~ Yiow long?
Residence ,Address ~'~" ~ t~~ ~ r'~`fJ.e~~t,.r~ ~ nv.R-~ . _
Maii~ng Actdress ~--i}~ ~rr- t J ire~. ~ ~b~ T~P '~Ioraae Telephoxic No. ~--,1~ 3" S 7_~~
Home Fvc No. `--~ Business Telephone Na ~~7?>- c~y~Jh
Business Fae No. ~-~t ;~- (+ ~,~-~"~ Ezxiail Address: ~~-~ ~~. ~~a a c~=. a i n~ ~. nre_Pf'- ,
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Past orgaaizatianai membershfps: ,
WHY DO YOU WANT'f0 HE INVpLVED TH THIS CpMMI$SIO OR COMMITTEL~2 r
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1~A2 SACBGROUND, ESPFItIENCE, OR CREDENTTALS Do YOU POSSESS TO BRYNG 1'O TY-LE 80ARD,
COMNLISSION OR COMMITTEE 11~MBERSI~?
COMMITTEES pR COMMISSYONS IN W}IICH YOU s1RL INTE12E5TED: )~C~Gw~ cu~v~onr~C~rrv'talsc,, r,.~
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NAME: ~ `' ~ r~~. ~ -~' ~~ I~
PHONE: 283-7535, EXT. 231
FAX: 283-5068
Resident of the City of Kenai? ~vG How long? -~ ~ r'e "'e ° ~"'- `l~l y-e c-y
Residence Address ~/ C~ ~~ ~ ~""`~ > Q ~ ~"'- ° "`~~ ~- ~ U~ ea c ~, I? ~ cc!
Mailing Afldress ~ ~ ~ ~ ~ 7~ 3 ~ ~ ~ ~P ha ' Home Telephone No. ~~ ~ ~ ~ ~ ~ ~
Hoine Fax No. "'- Business Telephone No 2$3-`//~`i
Business Fa7c No. 2-~3 '- $~ZG7 Email Addres ke n~ , o ~ - y~~+~~ , co~•-,
May we include your contact information on our web page? ~~L ' If not all, what information may we
include?
EMPLOYER: ~C''hc; ~-h'v; a }:'~`- Job Title
NAME OF SPOUSE: ~° ~`'-' ~S f e1~~~ 1~~
CG,~`e~ ~~`!ot
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Current membership in organizations: ~AA
Past organizational memberships:
COMMITTEES OR COMMISSIONS IN WEiICFI YOU ARE INTERESTED: I~7 +"" (?~ `' ~
WHY DO YOU WANT TO BEV~INVOLVED WITfI THIS COMMISSION OR iC-~~OMMITTEE?
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WHAT BACKGROUND, EXPERIENCE, OR CREDENTIAIS DO YOU POSSESS TO BRING TO THE BOEIRD,
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~
CITY OF KENAI
"Village with a past -- City with a future. "
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT COMNIITTEES AND
COMIVIISSIONS
RETURN TO:
KENAi CITY CLERK
210 FIDALGO AVENUE
KENAY, AK 99611
12/072086 08:43 NORTHERN TEST LRB ~ 9072835068
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"G`dCla~e with ~ past -° Ci,ty with a futr,re, "
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C1+iNDIY?AT~S Fdat APPOINTMENT CO1V~Y'd'TEES ANl3
CObIMISSIONB
RET4rRN ~°O:
SEN~I CITY GLESdK
210 FImALGO AVEP7UE
ICENAI, AH 88611
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PTiDI9Et 2~3-7536, EXT. 231
Fax: ~es-aase
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xeside~ce Addresa _ ~ll'd~ ,d~A/2-A1'S~1'~2 Q ~7J~1 LG-' '
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Hom,e FaxNo. ~- Businesa'Celephone No 2~+2 - 9feZ~4
Husiness ,~a~c No. ~Z ~ 57~~ Emalt Acldress: .4~Kn~A ~~57"EaT
~1y we incl.ude po~v contact infort~a1lori an our web page? AI.L If not aii, what informaCion may we
i,clude?
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Curreut xnembersb~tp iu orgaaizatioue:
Past argau9z~Eiosaa3 membes~hips:
Olt Ct3MA~IIS6E0TV6 IN WEiSCH Y~D[T ARE TNTERL~&TE]]; ~P~~+'~
WHY DO YO[t ~.9AtT TO SE INVULVED WiTI3 T$Y8
O& COMMTT7`EE?
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NAL DATA -
COMMITTEES AND
~ e,,,; , RETURN TO:
KENAI CITY CLERK
210 FYDAY.GO AVENUE
DATE: 11--01-06
1~TAME:
CITY OF KENAI
"Village with a past -- City with a future. "
BACKGROUND
CANDIDATES FOR A~;
KENAI, AK 99611
Resideat of the City of KenaiY
Resideace Addzess
423 Rogers Road, Kenai, AK 99611
Mailing Address P•0. Box 3003, Kenai, AK 99611 Home Telephone No. 283-7936
Home Fax No. Business Telephone No
Business Fax No. Email Address:
May we include your contact information on our web page? ALL u If not all, what information may we
include?
EMPLOYER: Retired
TAME OF SPOUSE: ~f
i.uneat membership in
Senior Connection,
Force, Committee mE
How loag? 1969 to_present
Job Title
President, Council on Aging, Vice-President Renai
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Past organizational memberships: Board Member Salvation Army, Board Member Peninsula Oilers
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Harbor Commission
WHY DO YOU WANT TO BE INVOLVED WITH THdS COMMISSION OR COMMITTEE?
I like to be involved in mv communitv to help wh Pr 7 ~
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO TEiE BOARD,
COMMISSION OR COMffiITTEE MEMBERSHIP?
_2 years workinQ in a haibor and around Gh'nG an~ t, at,s~ ~t~i ~hg g~ ~~m3
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COMMITTEES OR COMMISSIONS YN WHICH YOU ARE YNTERESTED:
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CITY OF KENAI
"Vill¢ge with a past -- Cily with. a future. "
BACKGROUND AND PERSONAL DATA -
CANDIDATES FOR APPOINTMENT COMIVIITTEES AND
RETURN TO:
KENAI CITY CLERK
210 FIDALGO AVENUE
KENAI, AK 99611
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PHONE: 283-7535, EXT. 231
FAX: 283-5068
Signature
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Home Fax No. Business Telephone No
Business Fax No. Email Address
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WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO TFiE BOARD,
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KENQI. ALASKA RETURN TO:
~u~ KENAI CITY CLERK
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KENAI,AK 9961L
PHONE: 283-7535, EXT. 231
~' FAX: 283-5068
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S
CITY OF KENAI
"Village with a past -- City with a future. "
RETURN TO:
KENAI CITY CLERK
210 FIDALGO AVENUE
KENAI, AK 99611
PHONE: 283-7535, EXT. 23Y
FAX: 283-5068
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COUNCIL ON AGING ..'
DECEMBER 7, 2006
KENAI SENIOR CENTER
7:00 P.M.
AGENDA
YTEM 1: CALL TO ORDER & ROLL CALL
ITEM Z: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING ~UMMARY -- October 5, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
a. Lori & Jesslyn Stanton -- Advocacy
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion -- Seruors/Caregivers to Advocate in Juneau
a. Council on Aging Chair
b. Director
c. Council Liaison
ITEM 8: QUESTIONS & COMMENTS
ITEM 9: PERSONS NC?T SCHEDULED TO BE HEARD
YTEM 10: INFORMATION
a. Council Action Agendas of November 1 and 21, 2006.
ITEM 11: ADJOURNMENT
COUNCYL ON AGYNG
DECEMBER 7, 2006
KENAI SENIOR CENTER
7:00 P.M.
CHAIR BILL OSBORN, PRESIDIIVG
MEETING SUMMARY
ITEM 1: CALL TO ORDER & ROLL CALL
Chair Osborn called the meeting to order at approximately 7:05 p.m. Roll was
confirmed as follows:
Members present: J. Hollier, R. Jurgensen, G. Kuntzman, B. Osborn, B.
Friend, and F. Wllson.
Members absent: E. Jones and L. Flowers
Others present: Director R. Craig
A quorum was present.
YTEM 2: AGENDA APPROVAL
MOTION:
Member Jurgensen MOVED to approve the agenda as presented and Member
Kuntzman SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- October 5, 2006
MOTION:
Member Hollier MOVED to approve the meeting summary as submitted and Member
Wilson SECONDED the motion. There were no objections. SO ORDERED.
ITEM 4: PET250NS SCHEDULED TO BE HEARD
4-a. Lori & Jesslyn Stanton -- Advocacy
Lori Stanton gave a presentation related to AGENET (lobbying body for seniors) and
the 'fly-in" to Juneau planned for February; noted, AGENET and the Alaska
Commission on Aging (ACOA) are setting priorities to bring senior issues Uefore the
Legislature; and, the groups are looking for seniors and caregivers to go to Juneau and
"tell° their story.
ITEM 5: OLD BUSINESS -- None.
ITEM 6: NEW BUSINESS
6-a. Discussion -- Seniors/Caregivers to Advocate in Juneau
Discussed under Persons Scheduled to be Heard.
ITEM 7: REPORTS
7-a. Council on Aging Chair -- Chair Osborn encouraged members to attend
the City Council's work session related to prioritizing the Capital Improvement List It
was noted the request for a garage for parking Center vehicles may not be included on
the priority list and if not, perhaps automatic starters could be installed in the
vehicles.
7-b. Director -- No report.
7-c. Council Liaison -- No report.
ITEM 8: QUESTIONS 8c COMMENTS
A brief discussion took place related to first aid and CPR requirements. It was noted
Frontier Community Services offer CPR and first aid eiasses.
Member Kuntzman announced her resignation from the Council on Aging.
A request was made to cancel tYie January meeting and meet in February on the
regular meetu~g date.
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD - None.
ITEM 1Q: INFOR1iRATION
10-a. Council Action Agendas of November 1 and 21, 2006.
ITEM 11: ADJOURNMENT
MOTION:
Member Hollier MOVED to adjourn and Meinber Jurgensen SECONDED the inotion.
There were no objections. SO ORDERED.
There being no further business before the Conunission, the meeting adjourned at
approximately 8:00 p.m.
Meeting summary prepared and suUmitted by:
Carol L. P'reas, City Clerk
COUNCIL ON AGING M~ETING
DECEMBER 7, 2006
PAGE 2
~
~
~Nat x~uxsox con~ussaoN MEETi~rG
DECENiBER 11, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY
a. June 12, 2006
b. July 10, 2006
ITEM 4:
ITEM 5:
a.
ITEM 6:
ITEM 7:
a.
b.
c.
PERSONS SCHEDULED TO BE HEARD
OLD BUSINESS
Discussion -- Update/Bluff Stabilization Project
NEW BUSINESS
REPORTS
Public Works Manager
Dock Foreman
City Councff Liaison
ITEM S: COMIi~dISSIONER COMMENTS/QUESTYONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10:
a. Kenai City Council Action Agendas of August 2 and 16, 2006.
ETEM 11: ADJOURNMENT
KENAI HARBOR CONIMISSION MEETING
DECEMBER 11, 2006
CITY COUNCIL CIiAMBER5
7:00 P.M.
CHAIR TOM TfiOMPSON, PRESYDING
MEETING SUMMARY
ITEM 1: CALL TO ORDER & ROLL CALL
Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was
confumed as follows:
Comrrussioners present: B. OsUorn, T. Thompson
Commissioners absent: S. Romain, R. Canady, G. Foster
Others present: Public Works Manager K. Kornelis
Due to lack of attendance to produce a quorum of the members, the meeting
adjoumed.
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY
a. June 12, 2006
b. July 10, 2006
ITEM 4: PERSONS SCHEDULED TO BE IiEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Update/Bluff Stabilization Project
ITEM 6:
ITEM 7: REPORTS
a. Public Works Manager
b. Dock Foreman
a City Council Liaison
ITEM 8: COMMISSIONER COMMENTS/QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10:
a. Kenai City Council Action Agendas of August 2 and 16, 2006.
ITEM Z 1: ADJOURPTMENT
The meeting adjourned at approximately ~:05 p.m.
Meeting summary prepared and submitted by
Jenifer C. Lockwood, Deputy City Clerk
HARBOR COMMISSION MEETING
DECEMBER 11, 2006
PAGE 2
i
I
KENAI PARKS & RECREATION CONIMYSSION
DECEMBER 7, 2006
CITY HALL COUNCIL CIiAMBER5
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- October 5, 2006
ITEM 4: PERSOIVS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSYNESS
a. Discussion -- Update/Kenai Kennel Club Dog Park
ITEM 6: NEW BUSINESS
a. Diseussion -- Ballfield Maintenance
b. Discussion - Leif Hansen park Sprinkler System
ITEM 7: REPORTS
a. Com~nission Chair
b. Director
c. City Council Liaison
ITEM 8: COMMISSION QUESTIONS & COMMENTS
ITEM 9: PERSONS PRESEIVT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMA7'ION
a. Council Action Agendas of November 1 and 21, 2006.
ITEM 11:
~N~u p~s 8~ azECxEATionr con~ssioN
DECEMBER 7, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CfiiAIR DALE SANDAI%L, PRESIDING
MEETING 5UNIMARY
ITEM 1: CALL TO ORDER & ROLL CALL
Chair Sandahl called the
confirmed as follows:
Co~unissioners present:
Commissioners absent:
Others present:
meeting to order at approximately 7:10 p.m. Roll was
D. Sandahl, J. Foglia, T. Wortham, D. Hagen, J. Beeson
and B. Deneson
None
Council Member B. Eldridge and Parks & Recreation
Director B. Frates.
ITEM 2: AGENDA APPROVAL
A request was made to add as Item 5-b, Discussion related to expansion of the Kenai
Cemetery, and as Item 6-c, discussion related to combining the Parks & Recreation
and Harbor Commissions.
MOTION:
Commissioner Hagen MOVED to approve the agenda with the additions and
Comnussioner Foglia SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- October 5, 2006
There were no corrections to the meeting summary of October 5, 2006 and it was
approved as presented.
ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5: OLD BUSINESS
5-a. Discussion - Update/Kenai Kennel C1ub Dog Park
Director Frates reported the following:
• A Special Use Pernut for the Kennel Club's use of the old Firewise site
had been drafted.
• A description of the four-acre area is included in the Pemut.
• The property is to be used by the public with preferential use to the Club.
• The Permit outlines other parameters and requirements, i.e.
maintenance, signs, rules, etc. `
• Within the four acres, there will be a five foot fenced area of 300'x300'
which will be dividecl to separate a large-dog area from a small-dog area.
5-b. Discussion -- Kenai Cemetery
Frates explained the Capital Improvement Project list includes a request for funding to
eacpand the cemetery requiring acquisition of additional property and three properties
west of the cunent cemetery property have been identified as possible sites.
Discussion followed regarding size and terrain of the suggested properties, Iorward
thinku7g; suitabllity of the properties; and a reconunendation to reserve three lots off
Float Plane Basin Road to someday be developed for use as a cemetery.
MOTEON:
Commissioner Beeson MOVED to recommend the City pursue securing propertiea
indicated on the map for use as a cemetery and Cormiiissioner Hagen SECONDED the
motion. There were no objections. SO ORDEREI).
ITEM 6: NEW BUSINESS
6-a. I3iscussion -- Ballfield Maintenance
Frates reported the following:
• A suggestion was made to require the Kenai Little League and adult
Softball Association be responsible for routine maintenance of the fields.
• The city would continue to provide turf maintenance, provide chalk and
bases, and non-routine maintenance.
• Game preparation would be the responsibility of the organizations, i.e.
chalking, infieid raking/grooming.
6-b. Discussion -- Leif Hansen park Sprinkler System
Frates reported the following:
• Administration is investigating cost of installing an underground
sprinkler system at Leif Hansen Memorial Park.
• Much of the installation would be done in-house.
6-c. Diseussion -- Combining of Parks & Recreation Comnussion with HarUor
Commission
The Commission was updated with discussion held at the December 6, 2006 council
meeting related to combining the Parks & Recreation Commission with the Harbor
PARKS & RECREATION COMMISSION MEETING
DECEMBER 7, 2006
PAGE 2
Commission due to lack of inembers for the two commissions and their suxularities in
projects and efforts.
The Cormnission recommended a special meeting be held in January to discuss the
matter further.
ITEM 7: REPORTS
7-a. Commission Chair -- No report.
7-b. Director -- Frates reported the following:
• Rink usage for months of October and November.
• Motion detectors were added to the lights and inside the shacks in an
attempt to conserve costs.
?-c. City Council Liaison -- Council Member Eldridge reported he was sworn
as a council member while on a trip in Argentina.
ITEM 8: COMIVIISSION QUESTIONS & COMMENTS -- None.
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD -- None.
ITEM 10: INFORMATION
10-a. Council Action Agendas of November I and 21, 2006.
ITEM 11: ADJOURNMENT
MOTION:
Comnvssioner Beeson MOVED to adjourn and Coirusiissioner Deneson SECONDED the
motion.
There being no further business before the Commission, the meeting adjourned at
approximately 7:40 p.m.
Meeting summary prepared and submitted by:
Carol L. Freas, City Clerk
PARKS & RECREATION COMMISSION MEETING
DECEMBER 7, 2006
PAGE 3
~~~~~~
-~ -'
the a~~ o f ~
KENA(~ SKA
December 13, 2006
FAX (907)465-3532, 2 Pages
The Honorable Sarah Palin
`°V ll~ e wit~t ~ Pas~; Gi wit~i a t °~
9 ~'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
State of Alaska, Governoz's Of~f ce
3'~ F,loor State Capitol
P.O. Box 110001
Juneau, AI~ 99811-0001
Subject Goveinor's Budget, Kenai River Bluff Erosion
Dear Governor Paliii:
The purpose of this correspondence is to respectfully request your co,nsiderarion to
include an iCem in the amount of $ 2 million for the design of the Kenai River Bluff
Erosioil project in the budget you subinit to the Legislature.
This project has been the mm~ber one priariTy of the City of Kenai for the last decade.
The negative economic impacts of the ongoing erosion average approximately $ 1 million
per year. This is comprised of the loss of personal and public property, utilities, roads,
and other improvements.
There v'e also significant resource and cultural Iosscs. Wildlife habitat is being lost,
including the large trees overlooking the Kenai River where Bagles perch while they are
fishing. Additionally, Old Town Kenai where the Kenaitze Indiazis, and Russian
Explorers lived is being lost at a rate of three feet per yeaa~.
Presently the Corp of Engineers is gathering data and perniitting information to
accoinplish preliminary desigu. This is funded thzough a federal appropriation. Also
funded through a previous federal appropriat~on was the Corp of Engineers feasibiliry
study forthe proj ect, which found the proj ect would meet the goal of
elimniating/minimizing the bluff erosion.
Pa~e 2
Letler to Govemor Pa1in
December 13, 2006 ~ ~
The Corp of ~ngineers has estimafed conshvcrion/design cost for the projecT at $ 10 -$
14 million. This cost esfimate will be refined through the design process. .Having a
com~leted dcsign will sigiuficantly increase the City's opportunities to reeeive future
federal and state appropriations. I;t will also allow the city to present a specifie project to
fhe citizens in Kenai as a bond proposifioi~.
Thank you for your attention in tlvs matter. Should you or your staff l~ave any questions
please contact me at your earliest convenience.
Sincereiy,
I Y F ENAI
~~~ ~
Rick Kocl~
City Manager
~r
1
MEMORANDUM
To: Rick Koch, City Manager
From: Rachael S. Craig; Senior Center Director
Dafe: December 15, 2006
Sub,jeet: December Monthly Report
Total number of days rented in August 2006:
Total October Meal Count 2006 Served:
Total Congregate Meals Served: 1,450
Total Home Meals Served: 1,7G7
"Lotal Non-Seniors: 10
Total Oetober Meal Count 2005 Served:
Total Congregate Meals Served: 1,263
Total Home Meals Served: 1,299
Total Non-Seniar Meals: 7
We had a total of 955 volunteer hours for the month of September.
Public health nurses administered flu shots on Tuesday, October 17. 250 people received
flu shots.
Thirteen K. P. C. begimling art students and seniors began their intergenerational drawing
projee2. They will have 3 art sessions at the senior center and the final drawings will be
presenCed at the art exhibit/open house on December 3 fi•om 2- 4p.m.
October was a month for celebrations. VJe celebrated Oktoberfest at our monthly
birthday party. Traditional German food and music was provided. Then oii the 31S` we
had a Halloween Party with the seniors wearing very creative costumes.
A uew singing group has been foxmed. They have starfed practicing weekly and are
hoping to be prepared to sing during Christmas at the Seniar Center and around the
community at various agencies.
The Float Committee has been busy creatin~ our "Christmas Comes to Kenai" Float. It is
goinb to be terrific and I am sure we will take the show!
Kenai Community Library Monthly Report
December 2006
November Circulation Figures
Adult I'iction 1450
Adult Non-Fiction 1278
Periodicals 39
Juvenile Fiction 350
Juvenile Non-Fiction 246
Easy Fiction 1177
Easy Non-Fiction 280
I~7terlibrary Loau 33
Internet Access 799
Music 249
Puzzles 5
Videos 894
DVDs 1258
Audio boolcs 190
Miscellaneous 1~
Computer Progratns 31
Total Print A,853 Total Non-Print 3,443 (
Total Circulation 8,296 Internet Express Use 624 ;
Total Catalog Searches 5,733 Library Patronage....... 6,930 Persons
The library received a community grant from the Fred Meyer Foundation far $1,152 to
fund Yhe WEE Read Program that promotes early literaey for local chiidren and Yheir
families. "The Pred Meyer Poundation a~id its Advisory Committee Meinbers were ~
particularly impressed by the successful track reeord o£the Kenai Communify Library, ~~~
Inc. and its prograins. We hope this community grant wilf help the Kenai Community
Library continue the important warlc it is doing to enhance the welfare of the community.
We are proud to be part of the Kenai Peninsula cominunity and are committed to helping
where we can."
Overdrive, our new downloadabie audio book catalog is now `live.' We are staging a
"soft" start this month to work out the kinks in the sysCem. All permanent sCaff inembers
have attended a web seminar for fraining in assistin~ customers. Books may be accessed
and downloaded at home to computers or laptops and then transferred to MP3 players,
and in some cases, copied to CD. The loan period is 14 days. Titles may be placed on
hold. We are sharing approximately 400 titles with 12 other libraries in the staTe. The
downioad site wil1 be accessible fi~om the library webpage. In Che meantime, you can
sneak preview the site at http://listenalaska.tib.overdrive.com. Lhe sys2em does noC work
on MACS or the iPod.
Corey Hall appiied on behalP of the library to Hamburger Helper for a communiYy grant
in the amount of $15,000 to do an extreme makeover of our children's area. You may log
on to myhometownhelper.com to add support for her request. Click on the tab labeled
"rind a ProjecY' then choose Alaska fi~om the pull down menu and enter ICenai in the
search f eld. This grant idea was originally developed by Linda Swanler to submit to the
Rasmuson Foundation. It may still end up there in a Tier 1 request if not funded.
,~Gi:t~lr~~e wit~Z a P~ast ~c~ witl~ a Futur~e„
210 Fidalgo Avenue, Kenai, Alaska 996ll-7794
~~ ~ti, Telephone: 907-283-3692 / FAX: 90'7-283-3693
~ ~
tyeu~of
KENA~ SKA
MEMORANDUM
To: Rick Kocl~, City Manager
From: Robert J. Frates, Parlcs & Recrea6on Director
Date: December 14, 2006 ~
RE: Mid-month Report
A total of 75 hours are currently boolced at the rink for the month of December, compared to
approximately 82 hours last year during this time. The motion defectors added to the shack
heaters and lights appear to all be functioning properly with exception of one sensor, which is
scheduled to be replaced by end of week.
Information relafed to next year's Kenai River Marathon has been submitted for publication in
~~~ the Alaska Rm~ner's Calendax. Date of event is set foi September 30th.
Groundskeeper Andy Brailey is scheduled to return to service Monday, December 18`~. He will
be on light duty for approximately 2 weeks per doctor's order. John F3randenburg has graciously
stepped in and has done a fine job. The director will be on vacation December 20`~' through
January 6t~
A couple days were spent at the Little League complex trimming trees and removing slash.
Some trees will be removed along edge of new parking Iot to allow for general landseaping to
occur next summer. Additionally, local paxks and trails were checked after last windstorm and
several Y~ees xemoved due To potential hazards.
The restroom at Beaver Creek Pazk has been vandalized with graf&ti. The department is geTting
estimates to remove paint.
H~A repaired light pole inside Municipal Park. The hill near the li~ht pole is often used by
snowboarders during winter months and provides an element of safety.
A fairly good base of hardened snow is established at the go1F course and Chus shouldn't require
foo much snow to begin grooming in limited v-eas.
Other additional activities include locating graves at the cemetery for recent burials, fence repair
at the skate park, trash pick up and hauling, routine park inspections, snow removal, and paiiiting
interior of crew building.
RAonthlv Report For December 20, 2006
Keith Kornelis. Public Works Manaqer
Arsenic Compliance: DEC sent the City a letter that says we are tentatively eligible for an arsenic
exemption from 2007-2009. They want a compliance schedule, what action and options the City is going
to do, and how the City will finance any capital improvements. The course of action needs to be
proactive, do-able, and completed during the time frame requested. Hattenburg Dilley & Linnell (HDL)
took water well sampies on September 21. I have copies of the test labs Client Sample Report, a
spreadsheet of the results, and a location map. I have not received a project report on the arsenic study.
The HD~ arsenic study should help in the making the decisions that DEC are requiring to issue the
Arsenic Exemption.
Watee Svstem Improvements: Bill Neison has worked with West Coast Filters, Fiitronics, and Orca
Water Technologies on our water system improvements. Orca has reported good color removal results
in their jar testing at Well House No 2. We have been waiting for the HDL arsenic study to see about a
new weli and a system wide development plan. Regardless, the City should continue to pursue color
treatment at Well No. 2. Weli House 2 water output is four times that of our other weils. Except for the
driest summers, Weli 2 could provide enough water for the whole city, especially if the new water
transmission main is constructed.
Set Net. McCollum / Aiiak DrivefJaponski, & Analer LID's: The design consultant is working on the
reduced project scope to lower the cost of these projects. Resolution 2006-67 directs administration to
continue the McCollum/Aliak /Japonski LID. All of these paving projects are scheduled for a bid opening
on March 27. The completion date for the first two is August 15 and for Angier it is June 15, 2007.
Shamrack Circle LID: We have not received a reply from the property owners about allocatior,
methods.
Citv Parkinct Lots: The City is planning on bidding this work at the same time as the LID paving. It
includes some paving at the Library, Public Safety, Rec. Center, and 5enior Center. It also inciudes
some seal coating at the Senior Center, Vintage Pointe, City Hall, Rec. Center, and Cemetery.
Kenai Bank Stabiiization and Coastal Trail: I am working with the Corps and their consultant. R~ M
Engineering is back in Kenai again drilling monitoring wells.
KRSM,4 Board Meetina: December 14 witl be my last meeting. Rick Koch witi be the new City
representative. This meeting includes a motion for the KRSMA Board to recommend to DNR that the
currently proposed Title 11 regufation changes be postponed. I plan to vote yes on this motion.
Committee reports, regulation changes update, management plan revisions, and emission reduction
proposals are on the agenda. i have sent the City's Resolution No. 64 and Ordinance No. 2202
(introduced oniy) for discussion at the meeting. i will ask for input on the ordinance which only ailows
four-cycle or fuel injected two-cycle outboards to use the City boat launch ramps.
KPS Landfill Leachate: I am working on a new agreement with KPB that ailows the city to take their
leacheate waste from their Iandfili. Our existing agreement ailows the city to take their wash-down water.
Wildwood Water Main: The City Manager is working with the State Department of Corrections on an
MOA to construct a new water main from Redoubt Avenue to Wildwood. The state is planning on giving
the city money to construct this new water main. We want the new water main to run ne~ to our city
property that is being considered for Frontier Community Services.
Gityr Emerq,gncy Qperations Plan, EOP: The Fire, Police, ~nd Public Works are working with Nuka
R~search & Piannir~g Group on a citywide EOP.
~
Airport Restaurant The airport RFP for the terminal restaurant attracted five businesses to take
packets; however no proposals were received by the deadline today. I contacted several of the
prospective lessees to deterrnine if there was a fauft in the proposai that discouraged pa~icipation and
the overall opinion was that the timing was wrong.
None of the pa~ies 1 spoke to thought the minimum bid was excessive or the documents confusing or
overly bureaucratic. One of the parties had even developed a business pian and received approval for
funding from a major lending institute. This particular party decided not to submit for family reasons.
It is my opinion that attempting to bring a new restaurant online during the slowest part of the year for
this type of business was the primary cause for the lack of response.
The current operators were offered a tourto six month extension, which they declined. They also
declined to submit a proposal for another five years, citing heatth reasons. I believe it is in the best
interest of the airport and the communiiy to allow the current contract to expire and advertise the open
concession after the holidays. This plan will give us time to clean up the space and determine if any
upgrades are necessary. It is in the best interest of the Airport to have a well run and profitable food
concession. The long-term best interest is likely to be better served by patience in attracting a solid
business rather than attempting to immediately overcome the short term inconvenience of having the
restaurartt closed for a time. During the closure we will carefully examine the facility to determine i~ any
repairs are needed and then re advertise.
2007 Air Fair Committee: The first air fair meeting was December 13 in Soldotna. Mary Bondurant
represented the Kenai Airport at that meeting. A tentative date has been set for May 12; however this
is Mother's Day weekend and some participants have suggested the date of May 19 instead. Also in
addition to the runway construcfion project at the Kenai Airport next spring, the Samaritan Purse
hangar at the Soldotna airport may not be available for the EAA breakFast. The next meeting is
scheduled for Wednesday, January 17 at the Kenai Municipal Airport Operations Facilily. Last year's
poker run participants will be contacted for their input on the date and also Sharen Sleater from the
Soldotna Airport will be worlcing on the hangar situation forthe breakfast and all will be presented at
the ne~ me2ting.
Munieipal Airport
Kenai Police Depa t I
~emc~randum
To: Rick Koch, City Manager
From: Chuck Kopp, Chief of Police ~'~~-'
DaYe: 12/13/2006
Re: November 2006 Report
Overview
The Police Department responded to 532 calls for service, and the Communications
Department answered 5~} e9-1-1 calls.
There were 15 motor vehicle crash investigations, 3 of which involved injuries. The
leading caus~s oPreported crashes were driver inattention, animal action and fall to yleld.
Officers wrote 305 reports, made 69 arrests and issued 59 traffic citations.
Officers made a dedicated patrol effort focusing on DL7I enforcement over Thanksgiving
weekend. Tbis was sponsored by an Alaska Highway Safety Of}ice overtime grant.
Training
Sgt. Sandahl attended a prescription drug abuse prevention class at Kenai River Center.
Officer George gaue a presentation on police work to students at KPC Career Day.
ChiefKopp presented at the Anti Gang & Youth Violence Tri-Borough Summit in
Anchorage.
Multiple officers were deployed in support of the Kenai Peninsula Barough, Office of
Emergency Management Mass Dispensing Exercise, which simulated a mass vaccination
of population in response to a pandemic virus.
Officer Sjogren partnered with SPD to present a community Snowmachine Safety class.
Lt. Wannamaker, Sgt. Sandahl and Officer Langham participated in a KCHS
Intruder/Lockdown drill.
Multiple officers were deployed in support of the Christrraas Comes to Kenai F,lectric
I ights Parade.
All officers participated in Defensive Tactics/Officer Safety training at KCHS.
• Page 1
.Specaal AssigremenP
Chief Kopp asked by Palin Administration to serve as Chair of the Department of Public
Safety Transition Team.
Officer Miller called out on a SERT mission to Homer.
Oflicers George and Langham began Mentorship program with youth at KCHS.
Officers Hershberger and Langham are the primary instructor/advisors to the Kenai
Police Department sponsored Explarer Post #460.
Personnel
Code Enforcement Officer Robert Peterson's last workday was Nov. 30. This position is
only partially funded. We have asked Mr. Peterson to report back for duty next Spring.
In the interim, Police, Public Works and Legal will work together to address code
enforcement matCers.
• Page 2
ANIMAL CONTROLINTAKE REPORT
November 2006
INTAICE DISPOSITION
STRAY: 95 ADOPTED: 58
Dogs 36 Dogs 29
Cats 59 Cats 29
Other Animals 0 Other Anirnals: 0
RELEASED BY OWNER: 94 CLAIMED: 13
Dogs 49 Dogs 12
Cats 45 Cats 1
Other Animals 0 Other Animals 0
D.O.A.`. 18 EUTHANTZED: 117
Dogs 12 Dogs 44
Cats 5 Cats 73
Other Animals 1 Other 0
WILDLIFE REL~ASE 1
BORO ANIMALS 77
TOTAL DOGS 97
TOTAL CATS 109
TOTAL O'I'I-~R ANIMALS 1
Field Investigations 76
Volunteer hours 162
Tota1 phone calls 665
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INFORMATION %TEMS
KENAI CYTY COUNCIL MEET%NG
DECEMBER 20, 2006
L 12/20/2006 Purchase Orders Between $2,500 and $15,000 for council review.
2. National Association of Counties (NACO) 2007 Western Interstate Region
Conference Flyer (Fairbanks, May 9-11, 2007).
3. 2007 Alaska Gaming Permit Applica6ons
• Kenai Elks Club #2425 (and Pull-Tab Vendor Registration)
• Kenai Convention & Visitors Bureau,.Inc.
• Oilers Baseball Booster Club, Inc.
• Old Town Bingo (Multiple-Beneficiary Permit)
• Pickle Hill Public Broadcasting (and Pull-Tab Vendor Registration)
• Fraternal Order of the Eagles #3525
• Our Lady of the Angels Church
4. 12/ 14/2p06 Kenai River Special Management Area Advisory Board Meeting
Agenda ~nd minutes of the 11/9/06 meeting.
5. 12/8/06 M. Renkem, KCVB, Executive Director's Report.
6. 10/30/06 KCVB Meeting minutes.
7. 2006 Land Sales Report.
8. 2006 Annual Land Lease Report.
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Fairbanks North 5tar Boraugh
8~9 Pioneer!toad
Falr6an4~, Aleske, 997~I
Phone~, 907-459-1401
Fax 907-459-1224
Email: clerksCcofairhanks.ak.us
Wehsite~, www.eafair6anks.ak.us
The Fairbanks North Star Borough has the honor of hosting the National Association of
Counties Western Interstate Region Conference May 9-11 2007.
The conference will give attendees the opportunity to discuss issues criticai to the west-
ern regions of the United States. There will be opportunities to hear speakers, discuss
legislation, network with other elected officials and exchange information that could be of
help to other communities.
Along with the opportunity to network with others, the Fairbanks North Star Borough has
many other events planned that will show off our special portion of the state.
We hope representatives from all our Alaskan communities will attend.
The Onlrnown First Family Statue located in Gotden Hearf Park
2007 Alaska Ga~ming Permit Application ~AMESOF~HAN~E~ANO~oNTESTSOFSK;
Apply online at www.toxsmte.ak.us/gaming
, ~~ganization Information
.
aIE1N ~~ ~~a~
Q2- 3 Jfrenevaieg,enrerg~minGpe€mitH
~,2- Phonenamoer faar.um6er
`~b'1~Z8~~'f~~t~ ~t67-283-772~
~Organita8onname~~ rnA ~/~ ~Z~Z~
j~~rat ~; Websiteaddre<.s .
Mailinoaddress
~oX la~~ City ~
~~~~ Stare
AK Zip+4
Q~tl~ll
EntiCy eype (check one) Organization type (check one) for definitions, see AS 05.15 690 and AAC 160.995
..
....
~orooration ......... ~ nta6le...... ........
~a .......~'Fraremal
...... ......... .....^Polireofiretlepartmen; .......~.
^ Parmershlp ^ Civk or servke ^ labor ^ Polin~al~
^ASSO<iatlon ^Dagmushers`osm~iation ^Munkipailry ^Religious~
' rJ Educationai ~^ 4onpmfit trade asso:iation ^ Vererars
i ^Fish~mgdesbyasso<iatlon ^Ou=.boa~dmotorassodation . ~IRAMafinevillage
Yes~No Doertheorganizaa'onhave25or moremembe~swhaareAlask~re~itlennastlefinetlinyouraaldesofinmrporationoroy(aws?
Members in Charge of Games
Niembers in ~harge must be natural persons and active me,mbers of the organiiation, or employees of the manicipality, and designated by theorganizztion, U~embers ie charge
may notbe licensed as an operator, be a registered vendororan employee of a vendorfor this organlzation. if more than one alternate, attach~a separate sheet.
Pdmary member firsC name M! Primary mem6er last name (
~/ki/t rL ~- ~tiFKcr/,Son/
Socialtemritynumber tmai!
_ Kdna~a~ks t~r~~~ka. ra~
Day?imeohonenum6er ;Mohilenumbe!
at~'1- 283--~ 1 ~'7
j~, 0,~f$ax ! 4 P~ l
Clry State Z;p+4
~~N~ ~ AK a~b~t
Hastlieprimarymem6erpassetlthetest? ~Yes pyc PermitPuntle;whl~hrestwastaken
~~ ~7/
plrematemem6erfirsCname ~ MI A4remaremem6erlas[name
I~CON~Q J~.4cKEo~/
; Email
{{,~,~d;a~ky ~a.l~ska. ha~'
Daytime phone number
qa'7- ZB3 -~fY83 Mobile number
Home maliln9 address
!3d L475'
Ci.ry State Zip~-e
~ so ~rn~9- qK i~l4 ~ ~ 4
~nasthealrema[ememberpassedtherest? ~Yes ^No ~Nermltkunderwhld~[estwartaken
S28
Legal Questians
ihese questions must be answeretl. Ifyou answerYes ro elther question, see Inmuctlons,
erofmanagementoranypersonwholsresponsibleforgamingacnvltlesever6eemm~vi~tetlofafelony,e~tur~ioqoraviolatlonofa42worortllnanceoFthlssra[e,
or anotherju~is~l~tion, thatis a crime Invoivino [hefto~tlishoeesry, ar a vlolatfon ofgambl'mg laws? ~
^Yes~N~ Doesanymembero'rmanagementoranypersonwholsresponsioleforoamin9aaivitieshaveaprchi6ited<onFl<<CO(inreresrasdefinedbyl5AAC160954?
V/e declare, underpenaly afunswom;olsi6rar+on, thatwehave eramined rhis appliretion, indudirg anyatta~hments, ond tha?, to t6e besrofour knowledge ard belief, i+istrue
ardmmpl~re,Weunderstandthatany;a~mtementmadeontheapplicationoranyottachmenrsispunishablebylaw. ~
~ Prin~ltr; natr mvmhrr~ i Prinfat! namP Il~tp
~e.d"~
~ee instructions)
/-~A/~n~~a.~i
<5 u
f~ermit Fee "
The oermitfee is based on 2006 estimated
gmssrecelpts Checktheappropnatebox.
^ ~~PWd(JpIlCdfli I ~~~
^ $C - 520,000 S20 ;
Two copies of the application must be sent to all applicable
~~'; municipalities and boroughs. See instru~tions for mandamryattachnients.
Pay onl ine with TOPS at wwwtnxstate. ak,us cr malre ~heck payable to State of
Alaska. ~ew applicaeis must pay by check.
~$20,001 - 5100,000 S50 ', M~ail to Alaska Department of Revenue -Tax Division
) 5100,0~ i or more 5100 ~'~, p~ goz 110420 ~ luneaq AK 9981?-0A20
~~~~~ '~~ ~~ Pho~e(907)465-2320•Faz(907)465-3~98
, www~taxstate.ak,us/gaming
8Z6 Retain a copyfor your records
/z/,~ob
'0 6
Depar[mentuseonly ~ ~ '~.
validaticn u ......... ...... '
Dd[fitdm~ .. . ......... .
Fo~m oaos-azs.~ ae~ io-ias fo~ zom •~age i
Oraamzad name Gamingpermirk 2007ALASKAGAMINGPERMITAPPLICATION 8Z6
~~'~/~'f I~''LiCb'~?J-f?iS' ~,~,2,-- , ~ ~ ~a~sE,oF~HnN~EnNO~oNrESrs~oFSKi~~~ ~ ~ ~ ~ ~ ~
FaCl~lty-bdSE'd ~i7CT12$ ~52~f-dIC2Ct2d~ ifmorethantwofacilities,attacnaseparatesheet. -
fa:iilryname ahysiG~iadd~ess Oty ~. Sta:e Zip-F4
~`nflk~ ~UC51.~~1!~ ZOS (3R2Nr'~c~r I {L~n/M A{( k'bll
'~, Fauliry t µ(che~k one; ~ Game rype (~heck ail tharapo',y) ~ ~
~~ Owr,ed ^Leased ~JDonatetl ^Bingo afFle Guli-~bs ^Rnim~i~lassi<(cql~ken)" ~JAnlmtildarsk(a~iace~" ~^Specialdrawraffie"" ^Gl~unapool*`
Facillryname ~~ Physi(tlatltlress Ciry Rat~eK ZIp+4 .
I FaciGry rype (checkone) I 6ame rype (check all thatapply) . . . .
~Owned ^L:asetl ^Donated ^Bingo ^Raffle ~Puli-ta6s ^Anlmaldassic;cClcken)" ^Animaltlasslc(ra[rre~" ^Specialtlrawraffle*" ^Calcut2pool*"
'resmttedgarr~etype `"ueinsrmcnmularmondororyattadvr?~mi
APEd-bdSCd ~111125 Ifmomthantwoareas.atta~haseoaratesheet,
Area
~ Game tyoe (che~k ail Yha[ apply)
N
~ ^Raffle ^ConrestoFsklll ^Fishtlerby ^~ogmushers'~oa;est ^OasrlE(spe~lf)
Are~ Gam=. rype (~heck all that apply)
~ ORafFle ^Contesrofsklll~ ^Fishderby ^Dogmushers'mniest ^CJassic(spe~ify)
M 111ager o~ Gd (1125 Requi~ed only for self-tlirecred puil-tabs and bingo
Man~ay.=rfirstname MI ~Managerlasrname j ~So~;alse~uri:rynumb~r iDaytimephoaen~mber
K~s/(!~¢~ ~I~# i ~.T/ftvGSor~ i 9o~,2a3-4N93
;.Homemailingadtlress ~Email ~ Mobilepnone ;
; -xz4~~ ~ i
Ciry ~ S~t lio+4 PermitNunderwhi~h[ezttaken~
~~ jQCiDrJ7'N~'" ~ .~ ~Q~~ 4~ Has [ne manager of games passetl [he tesd ~es ~ No ~Za
VC~IuOC ~ I110C(111t1011 Vendors m~y seli pui'I-taos only Attachvendorreqls[ration form(s) and fee(s) for ea~h vendor I~sted below ~ ~ ~~
Baroriiquc~s~orename [Physialatltlress ~ ~
,Q~t'~nJDow I~A~2. ~ S'oZ SOv~ n~~~~•.( j Clry
4C~c'n~vt-i Ssate
AK 2ip-rA
~k'L!~
I9arorlioUr~sloreoame ~P<<ysicaiacdress
~ ~ i
Bar o; PiGuor store. na.me
Physi<al atltlress Ciy ~
Clry Srate I
qK ~
S~are 2+p+~
Zip ~4 ~.
~ ! AK
Barorilquors~orename ~Physi~aladdress ~ Gry ~star
e 21p-+q '
~
K
Barorliquorstorename Physh~alatldres:r Ciry ~
I ~r~~e
AK i tZ'rp+A ~~
Operator Information
Designa(e operamr who wili coodu~t a~tivitles on the organizatian's behalt. Attacb signed operaCir,g ~ontract(si. !f more Chan one operater, atCa~h a separate shee[
Operamrname~~~ Busleessname 6amerype(s) ~Operator!Icensek
Multiple-beneficiary Permittee Information (MBP)
DesiSnate the NIBP wiYh w~ich the organ'rzatior hassigned a partnershlp orjoinC-venture agreement.
fMBPr,ame / 'oame[ype(s) M~PpermirN
I ~L~ ( I _ I
~edlCdtI0C1 Of N2t PCOC2ed5 Describeindetailhowtheorganizationwilluseiheeetproceedsfromgaminga~tlvities. ~
I CN{.~iL~tHr~b~~ GivrC~ Eo/c.rs~tw~-L- ?7 Rku?~esr Sc.ro~s7s+~,Ps Arnu~.~-~~s
826 ~~~ Retainacopyforyourrecords Formoaos-a252Revto~obfor2oo~•pagez
20Q7 Alaska Pull-tab Vendor Regisi~ratior~
A registratien is required for eacn vend~r Ieca~ioa A per,mittee may no( contrac( wlih more Cnan n~~e vendors at one Iime.
o nnly onl ine ai wwwtax stote.ok.us/gaming.
mittee Information
: 854
rederal FlN Gaming permit d Fermitree name
~Z-Ob3~2G( l~OZ ~En~r~~ Cucs "~ 242g'
Phone number M~ember In ~harge
~a2-283-7~'t ~ ; C,~+.! ~Y ~/~!lkizor.t sc o.~/ Membe~ in charge phone numher
r'-lo'1- 2B 3-~1~ ~^'I
Vendor Information
federalElNorso~iaisemrirynumber* BeverageGlspensaryli<enseq
~, o Z 1 9 0 Pa~kagesrorell~enseH
~//i-
Owner name Business license p
~ d:15in25s name Phon: nJlnbP,r ftx number
Mailingztldr~s Physlcaladdresso(ve~dufoc~tion ~ ~ ~
Liry S~are Zip+4 Gryofver,tlorlo~tion State
AK ZlpT4 ~
Lega~ QU~S~~~nS "Ifyourbuslnesshasnorbeenissueda~ede~alElN,youaremquiredroprovideyourso~iolse~mirynum6er
ihese ouesrions mus[ be answere~ by the vendoc;f tha vertlor ~nswersYes ~o ~ny q~es6og please su6r~it ~he aerson.'s+!ame, dace o' blrYh, so~lai semriry number and posl[ian of respensi6111ry.
^Yes ^No Hasanymemberofmanagementorar,ypersonwhoisresponsibleforgaminaa<tlvi;ieseverbeenconvictedofafelony,eatortlon,oraviolaCionefalawor
ordinance of this state or anotherjurisdiction that is a~rime involving ChefC or disnonesry nr a violation o(gambling laws?
c~Yes ^ N~ Do you employ or have a~onCrae~ with the primary or alternate member In charge, offi~er, board memberor manager of gaming for the above organization?
~~ ~~ ~^ No Do you have a contra~t other tfian a vendor contractwith the organlzat~ion listed above?
_,idor Contract to Sell Pull-tabs
Pursuant to AS 05.15,188, Che ventlor I Isted aboae hereby aqrees m sell p~ll-tabs as a vend~r on behaif ef [he GermiCtee lisie~ apcve.
Thevendorfuriheragreesthat~,asrompensationforexpensesin~urredinseiiingpuii-tabsonbehalfofthepermittee~ 3b %oftheidealnerofeachgamemay
be reCained by the vendor as mmpensation Permittee must re~elve at Ieast 70%of the itleal net from each game, AS OS-188(h).
The ver,dor further agrees thatan amour~t equal ro the Ideal net, less the mmpensa6on owed tu the vendor, shali be paidbyche~k by the vendor to the permitCee upon
delive.ry af a pul6tab series. AS O5.?5. ~ SS(i).
It is further ~greed ihat the vendor wil( ensure puil-tah winners of S~0 or more will con~~iete p~ize receipt forms; that prize winner summary form ~I,I be compieCed Por eacn
pul!-tab game and retained with those wlnoing pull-tabs AS 05.15 187;i); and fhese records of pull-t~ab wi~ners wili be given to tl~e pe~mt,tee to retatn for therequired
iwo or tl~ree years. AS C5.15.187 (().
It is furCner agmed thai it Is the vendor's responsil~ii.'ity to ensure gam'mg activity at this vendor location Is conducCed in acmrtlance wit'h all appiicable state stamtes
and reguiations.
(t is further aqree~ that', if the vendor Is no longereligi~ie ro sell pull-tans, t!~eo all unopened and opened ~u!I-Cab gamesshall be returned to the permi±tee wit'nir~10 days `~
fhe pemattte~ loses ihe privffege ro~ond!ic~ gaming aetivitle~, then aL' uno,~ened and opened pul!-tab 9ames must be treated in acmrdance vaith 15 AAC 16~,490.
We dedare, unAerpen~riry afonswom iolsffitafion, that we ha+m examined this iorm, induding a[m~hments, and that, !o tl~e besta(our knewledle ~nd6elief il is tme aa~ romplere We unne~sfand fhpmny false smre-
ment made on this damment aratmdiments is punishable bv law
, Siqnamre ofvendor Prmred narue , Date
Slgnamre ofjR~rnber In charge
~epart~ment ~se o il~ vaitdatr;r'
Registratian Fee is $SO
~~~ ~ Payonl(newithl'OPSatwww.Pax,smre.ak.usormake~heckpayabletoStateofAlaska.
This registration form must be attached to a permit applicatioo form and
will not beprocessed until the fee is received.
854 Retain a copy for your records
PrinteU
L L /~~NSan/ j /2 • / ~ o~°
~epartmen± uze only tlate s[amo
EcrmG40~ 854.! Rev 1;,lOGic~ 2CH17 • page ;
2007 Alaska Gaming Permit Applicati
bGG~9 oniine at wv~wmxsrate.ak.us/gamrng
Organization Information
on ~arn~soF~KaN~Eav~~oNrFsrsoFSKi~~ ~~~~',, 826
~!FetleraiNN ~~~frenewinq,entergamingpe~mHd Vhonenumber Faznumber
~ 92-0126092 0072 I 907-283-1991 907-283-2230
I Organiiadon name WebsiEe adtlress
~Kenai Convention & Visitors Bureau, Inc. ~, .visitkenai.com i
Mailingaddress ~Ciry ~Stare ;ilp+4 ~
~
11471 Kenai Spur Hcay Kenai ~ {{K ' 99611
~ EntiCy type (check one;
........
~ Organization rype ~check or,e) for dennlt
...
......... icns, seP AS 05.15.690 and AAC 160995
.... .........
........
....~....
~7Corparation
' ^Charitable ^~raremal ^Policeurfiredepartment ..............
~ ^Parmersh:p L~Gv¢orservice ^Labor ^POlin<al
~ ^ Asmciarion ^ Dog mushers'azsadation ^ Muni~ipal~ry ~ ^~eliglous
uEGuca~ionaf ^NOnprefittrad:~assodanon ^9ere~ans
^Flshlr,gtlerbyysmca[ion ^Out~oaro-moro[asso:Wtlnn . ^iRAlida(veviila9e
~Yes ONo Does[heoryynltafionhave25ormorememberswhoa~eAlaskaresideetsasdeFr.etllnyoerar[idesotin~orpora~lonorbylaws?
Members in Charge of Games
Members in charge must be namrai persons and active mem6ers of the or9anizaYlon, or emoloyees of the municipaliry, and designared by ~he organization. Members In ~harqe
may r,oC be licensed as an operator, be a registered vendor or an empfoyee of a vendor f~r thls organization, If more than one alternare, atta~h a separate sheer.
~Prir~.:rymemberfirs[aarr~e ~MI Primarymemberlasrname
numoer
isitkenai.com
Day[imeohonenumbe~ ~Mo611enum6er (
907-283-1991 ~
Home mailing ado~ess
'PO Box 1909 !
.C~ty Srzte Zip+4 I
Kenai AK 99611
~Hastheprimarymemberpassetlthe[es~? ~5'es ^No Perm~%~~t~rwhich~estwastaken
rAltematemerober5rs~name
i
Pa3 MI ~ALematememberkastname
~ B~~~a !
Sccial remnry numner I Email ~~~~..
Day[imephoneoumber Mobllenumher ~
907-335-5500 '
HORIP I~1dIilOG d0(1fPS5 ~
1530 Angler Dr '
Ciry S=ate . Z'~p+4 ~.
Kenai I AK i 94611
~Hattfiealremarememoerpassedihe~est? ^Yes ^No Petml~Suntlerwhithtestwastaken
I
enclosed
Legal Questions
These questions must be answered. If you ans.ver Yes to elther question, see instm~[ions.
^Yes ~Ne ia~sanymemheroimanagemenroranypersonwholsrespor,sibleforgam[nga~tiv;tiesev=_.beencoaviaedafafelony,exmrtloe,oraval~tiono~alaworordmnwoftn3s~C2,
or anotherjurisdutlon, tha?is a cdme (nvoivin~ th°hor tllshonesty, or a vioiatier~ ofgamhiing faws? ~
CYesLy~No Doesanyr~emberofmanageme~rora~ypersonwhoisr^soonsible,orgamingaatvitieshaveaprohiblretl~on!itao4lncerestascefinetlbylSAAC150,9SAt
We dedare, underpenalry of unsworn falsi6cation, tl~atwe f~ave examined tl~is applirarion, induding ony attachmenrs, and thar, to the best ofourknowledge and belief, itis we
andmmplete Weunderstandthatanyfalsestatementmadeonfheapplicationaanyattachmentsispunishablebylaw
~ Prim~rv(oralremara~emberyanamre Pr'mred name I Dare i f
Permit Fee
The permit fee is 6ased on Z006 estimated
gmss re~eipCS Check the appmpriate box.
^ Newa~plicznt S20
~ SD-52~,000 S20
G SLO,6O? - S1OO CiCO ~ <,Sv
1 ~S?OO,GOlormore $100 ~
826
~s
, Two copies of the application must be sent to all applicable
'~~ muoicipalities and 6oroughs, See Instrut[ions for mandarory attachments,
Fay online wl th TOPS at www, mx,stareak us or make che~k payabie ro Sta;e of
Aiaska, New appLtanCS mus! pay by che~k.
Mail tc Alaska Department of Revenue - Tax Division
PO Box110420•Juneau,AK 99811-0420
Phone (907)465-2320 • faz (907~465-3098
wwwmxsmte.ak.us/aamina
Retain a copy for your records
_ Q~
Deoart^~emuseonly ~
vaiida~m~ w ~~~~~~~~
'~.Da!es[amp -......
iorm b90S-826-! ~ev 1010ti for "tC07 • page 1
~
)roanizaiionname amingperm~Ex i2007ALASKAGAMINGPERMITAPPUCATION 82fi
Kenai Convention & Visitors Bureau, nc 0072 IGAPhESOFCHANCEkNDCON?ESiSOFSKIL~ ~
'dCl~ltY-bdSed ~dIl1E5 ~S2~f-C~IfECt2d~lfmorerhar,rwofacllties,attachaseparatesheet. `-~~ ~~~~~~~~
Fa~iliryname ~ Physicalatltlress I ~i~y
Facifiryrype(<heckone) IGamery~e(checka;'Irhaiapp:y)
^Ownetl ^ieased ^Dana~ed ~ ^Binqo ^RafNe ^Puil-tabs G~Anumal~lassi<(cni:ken;" ^Mimaldassi~(at2~ej`
Fadilry name ~ Fhysi~al adoreu ~<i~Y
Se:ial se~u~iry number
faciliryrype~<he~kone) ~amerype~rneaauma~appiyi ~
~ ^Owoed ~JLeasetl ~Dooaretl I ^Blnoo ^Raf~e ~JPulbtabs ^Animaldasslc(ch'r~ken~* ^Anlma'dassi~(ratra<e)* ^Spe~ialdrawra~fe"" ~Caim~2pool"'
'mstiRiedgainety~~e ""seemsrm<ImntformpadamiymmNmenl>
~C2d-bdSed Gd(1125 i;momthaotwaareas,attachaseparatesneet.
p~ Game type (~ne[kai; thatapplyf ~
~ ~enai Peninsula ~Raffie ^Conresrofsklit ^fishtlerby ^Dogmushersmntest ^Classic(spe~ify)
~Area ~ 6ametype([he~kallthatapply) ~
E ^N2f~e ^Con[es~oiskill C7F!shderby L~~ogmu~hers'coores~ ^Classl~;spedty)
Md Ildg2C Of Gd~l'leS Reqoire~ oniyfor self-directed pull-tabs antl
~~Manaqerfi~srname ~Mi Managerlastname
Home maifinq a~tlress
+
s~are Inu+a
AK ;
9aid~awra~!=*" ^Cafmttapocl"'
S[ate itip+4
AK i
Mebi:e phone
liasthemanagerofgamespassedtierest? ^Yes ^No
~~mte~
PermitN und:r whkh test~keo ~~
~/Pnl~(1C ~ Ilf(1Y111af'ICill vP~~r,rs ma~~~all nuli-;ahtnnlv Arrarh vPndorreaistraflon form(s) and feelsl forea~h vendor!Istetl below
Baror:lquorstorename . .
Pnyslcaladdress G~
~ Y ' Ra~e
` ti +a ___. . ~
P
j AK
i
Barortlquorsro~ename Yhysiaia~dress ~Sry ~Stare L'p+9
i AK
~Barorllouorsrorename Physi~slatld~ess ~Clry ~State 2ip+4
~, AK ~
j Bar or l;q~,io; s[ore name I Vhyskal2dtlress I C+ry SCare I Zip+4 ~ ;
i ~ , AK i
I~aal~ir~rsroreaame ~Pnysi~a~address GH ~~~ ~vP+4 ~
~ ~ AK ~
Operator Information
9es(onate ooeratorwho will tonductactivi?les on r(~e orqanlzation's behal~ Atta~h sianed ooerating comra~€(s).!f more tLan one operate~ attach a separate sheet,
Operamrname 5usinessname ~6.amerype~si - i0pera[orticensell ~~
Multiple-beneficiary Permittee Information (MBP)
Ceslqnate the MBP wtth which rhe oraanlzation ~as slaned a parmership o~ joinr-venture agreE
Msaaame
~am ty~e(s)
~2dICd~IOIlOfN2tP(OCC2dS Ces~nbeindetallhowr,heu~ganiza~ionwillusetnenetproceedsfmmgamingac~ivt6es
MBP permi[ q
''~, Promotion & marketing of Kenai to increase the tourism industry to provide I
; an economic base. Activities are operations, staffing, adv., printing of ~
i promotional materials, exhibits and displays for Kenai. ,
~ ~
I
'' ~
gZo ' Retainacopyforyourrecords ~ormoaossz~2er~~io6`ro~tom~pzge2
24~~ ~~~Skd ~~ITlli~~ ~L~'~'il$ ~~~p01t~~lOn ~aM~soF~Har~~Ean~~oNrESrsoFSKi~~ '~~
Apply o-nline at www.raxstoreak.us/gaming ~ '~
~rganization Information
$~6
: era! ~ Ifrene~ring,enrergammc~permi~~
~1~:-~i`~4L~531 lyc~a __
4Phonenum6er '
i`~o~-~s3-'ii33
Faxnum~er I
o~t-~;83-33~io
GrGaniution name ` \ ~
~ L~ i'~^S ~ 4~.~~ ~'eC.~' ~.~vb .~.1rL. ' We65'ite address
I ~ . '~~
. '~,,
Mailing adtlress
~F c~ 3c~~c !~ l3 ~ Ciry
L
Y 4ate I Zrp+4
AK I 49C
V!
~ e..~nc~ p
, nYit~
h
eck one) Or an
atio
~ yp (check on
n t e e] foraefin
9
, _ s,seeAS OS 15,690 and AAC 160995
inon i
~
o porat~
on ^ ~hanta6
_
~ F~
~~~
_ __ _i
fire tleoarmen~
~ Poirceor
~
~
'~ Parmers service ^ ~
bor ^ polin~al
^ Asso<iatlon . ~ Dogmoshers'asm~iatien ^ A4vni~ipaliry ^ Religious
^Educational ^NOnprcfitttatleassecaGor, ^Vererans ~
j ~ ^Flshingaer6ya~m~iarton . ~Outb~ardmc[orassodaooo ~~ _ ~ G!RA/Na6vevillage ~ ~ ~ ~~ ~ ~
'~~ ~'esONo Does!heaqanlzatlonhave2,ormo~ememberswhoareAlaskaiesitleotsastlefinetl inyourartfdesof'mcoroora=.ionorb~iaws? ~
Members in Charae of C,amPs
Members in charge must be natural persons and a~tlve members of the organization, oremofoyees ofthe muni~ipaiiry, and tlesignated by the organization, Members'm charqe
may not be li<ensed as an operator, be a regisrered vendor or an employee ofa vendor ior thls oroanizatlon. If more Cfian one altemate, attach a separate sheet. ~.
Primarymembe~fia[name ~MI ~Primarymemberiastname { Alrema[ememb=rfirsiname MI IAlrernaYememberlasrname
~<la seNriry number ~ Emall ~ Sodal semdry numbe~ Email ~~
~
~
3ytimepMnenumbe; ~Maolleeumt~er `nytlmephonenumber 4Mobllenumhe~
~o~~a~.o --,~to ~tio~-ac~a-~so~
~~,me malling address ( Home mailing adtlrass
~\ o~l l~,e,cw ~..~4- ~r. I I ~ tic~ l~ ~Y,r ~c..~
'Gry iSrate !Zlp+4 ~ Ciry S~te... b;pa-4
i 1l. c<,c.;. I AK '~St,o l ~ ; Sv~~.v~v~a.. AK i~Sl.~-
I°erm~rA onner wni<h [escwas rake, 1 I Peimird under wolch msrwzs ~akeo
~ Nas the primary member passed the msd ~Yes ^ No ~ w~~ ~ Has ene altemare member passetl the t=st? t~'Pes ~7Na ~ ~~~ ~
Legai Questions
These questions must be answered. If you answer Yes to either quesiior, see i nstru~tions.
^Yest$~lo Hasanymemberofmanagementorznypersonwnoisresponsl6leforgamingaaivi6eseverbeer,~onvic[etlofafelony,ex[orron,oraviola[ionofalaworordlwr,ceofEhlsstate,
or ano[herjurisdtctlon, that is a uima involving [hett o~ dishnne~ry, or a vloia[ion of gambllnq laws? ~
~Yes~;o Doesanymemberofmanagemen~cranypersoowi~otiresponsibleio€9aminga~tlvitiesoaveapmhi6lretlmnFllaofin~e~estastlefinedbyl5AAC160,954?
We dedare, underpenalrj ofanswom falsi6mtion, rhat we have eramined thisapplication, induding mi~ artachmenrs, and t6aC ro ihe best ofourknawledge andbeliet,' iris true
and mmpiete. We understand that nny fQlse sratementmade an the applitation or ~ny at~achments is punlshable by law
~Pr;maryora;Yemare,r Tbe~sigr~a~! ~p ,~ ~ I0r7n?ecname ~" Pa[e
~~,_/ G3a..~.~/' r,J-.~.~>~ ~ ~a~~hh. ~..v~ F~~ ~ ~
Presidenrauthero(ficersiq~a;~r~(;ee1~s~;u¢;ons) ~ ~, . . Pr4nrednnma ~ A
Permit Fee
ihe perml[ fee Is based on 2006 estlmated
gross recelpts. Che~k [he appropriate boz.
~ Newapp(icant S20
o ~0-520,000 S20
~ ^ ;LC,001 -S':~0,000 $50
~;iC0,001ormcre iiOG
826
Two copies of the application must be sentto all applicable
'~ municipalities and boroughs. See insUUC[ions for mandatory attac~ments.
Pay onilne with ~OPS ai wwwmxsmre.ak.u,s or r~ake cneck payab(e [o State ~`
'~, AlaskaNev~~appLca~ts=~ust,~a,~hychecK_
'~ Mail[oAlaskaDepartmentor`Revenue-TaxDivision
'~ VO Boa 110420 • laneau, tiK 99R1' ~920
~ Phone (907)A65-23Z0~~ ~aX (90%;465-309H
www, mxsrate ak.u.s/yaming
Retain a mpyfor your records
:// ~
Dare
>~>~~~~ ~ { % .-,,~ ', ._~ ~ ;I
.Jeparm~en ~eeonly..... ........ .~
vaiidanon i ._... . .._.... ..
~ ~a~e s:a~np ~
im ili,oi~JFr /U~ ir+l!07.odael
;Organizatla~n~me~-^~ Gamingpermlrn j2~07ALASKAGAMIN6PERMfTAPPLICATION ~ ~26
I(,~~~"~'C'~ s~'.5~~~ ~~ ~~d~a ~+.GAMESDFCHANC~AND~COIvRESt;OFSKILL 'i.~.
~dCl~l~y-~d52d ~dfi12S ~S2~f-dlfeC~2d~Ifmorethantwofacillties,at~acnase,~araYeshee,. ---
faullryname FPhysitzladdress ,Cim ~Srar. ~Zip~4
io;~~s.~.:.e~; ~o~ s. ~cr,a..e., I k.,e.. aK ,~t~ o
iFa<i!Ityiyoe(che~kene) ~ Gare:ype~~'e~k'~II!Garaoly) ~ ~~ -
^9wned $~Leasetl ^~Jonaed ^Birgo ~RaF.;e ~uli-[abz GAalmalda,sk(~,tl~ken)" ^Amm~ldass;c(;a~r<e)'~ C~Spedaltlrawaffe"~ C~~Iwt,apocl"`~
~~faniiryname Physlcalatldress ~Ciry State ~ZIp+4 I
~ , n~ I
~Fa~illryrype(~hecknr.e) Ganerype~checkallthatapply) ~ ~
^Owr~etl ^Leased ^Donated ^Bingo ^RafFle ^Pull-[abs ^Anlmaldasslc~chlcken~" ~Animaldassiclrarrace)* ^Specialtlrawraffle'* ^Calmaupool"" I
'resn'itiedgamety~re "`seems[muionslormonaoloiyu'rmdnnmts
AfeB-b85ed ~dfTll'S ~fmorethan~woareas,atta~haseparaiesheet. ~~
(Area . Game.rype(checkalifhaPapply) ~
; ~¢r~,~„ ~~~y~~„ `EdRaff?e ^Con;esrofskili ^Fisliderby u~ogmushers'~on~est ^;las~iqspec"ry) i
; Area me rype f~neckaii that apply) ~
^Raffle ^Coniestofsklll . ^fishtlerby ^Dogmushersmnres[ GCla=icfsped"ryi I
~ ~ ~~ ~
I~dlldg2i' Of ~di112S Requlred onlyfor sel~-dlre~ted oull-tabs and bingo
~~ Manager ~rs€name ~ MI Manaoe-lasrname iocial securlry oum6er ~ ~ayrime ~~one number ,
G~.r~t i i "C'`e,.~\~...~ '~io~•d83-7i3~ ,
~ Home noll;r,g adGres~ ETail ~'~fI Moblle ~hor,e ~
~ ~ f~V ~Ctiw.~ tcr ~~- ~ ~ .. . . - , I .. ~ ~ ~
tiity i S2te Ci +q
~ P~ IPermlt~underwhfchces[[ake,^.
~ ~,~,~~, ~ ~~~ .~, ~41~ ~Has[hemanaaerq~gamespassedthetesd ~l-es ^fJo~ ~ ~~;~,~ ,
U211d01'~I1f01"171at1011Vendorsmauselipull-tabsa~I~i.Atta~h~endarreaistrationform(slandfee(slforeachvendwlisredhelow ~"_
~BaroN~;orsmreoame ~Physlcalatldress 'Gry ~S2re
AK Z'~+4
,
Baroriiquorsiorename ~'~ysi~ladd~es<_-
I Ciry Stare IZia+4 ., ~
AK ; ~~
BarorliGuorsrorer,ame ~Physi~aiac~dress I
~ City i;[a~e ~Z1p+A
( f AK
~
Baro~ilquastorename Physi~latldress (Ciry iS:ate 2ip+;
~
' ~ AK i i
8aror~lquorsmrentme Physi~4adtlress Ci~y ~S2t~
AK IZip<4 I
Operator Information
Desfena~e operat~rwh~ wili <onductactivlues on the orgcdrzation`s benaif Atta~h sigre~ c~erati,~~ contractts; ~~ mo;e than one c~eratcr, acCach a separate shee~.
~o2raroreame ~8usinessnair!e Ga,merype(s) ~OoeraPorficensefi i
Multiple-beneficiary Permittee Information (MBP)
Designate the MQP U~ith whlth ~'he orgar~ization has sioned a parmership or joint-venture aoreement.
iM54'name (6tmery~e(s1 ~6Ppermitll I
~eC~IC~~10110~N2t~fOCE2dS Desaibelndetoilhcw[heor~a;~~zationwil[u<etne~errroceedsfroi7cam'moa~t;~iities_
~~-
~ ~v 7v~ra~o~2 ~...~-~`. ic~-Vc5 ~rjwStaA~..'~~ ti ~ ;~ ~\~
I C~+n ~r'4-~e ke±~c..~ ~~.^~.v~s~ ~k +,.v'~L:'+~:w. ~\c~5~.
i S~4o+~S'v~., ~ ~~ •
~2~ ~. ~2TdlfidCOpyi01'`JOUR2t0[d5 F3r.m 1~i 75.tRev iu ( J07•pa,l~!
__ 20~i Al~ska Multipfe-benefi~iary ~ermi~ ~p~li~at~i~~~
~. ~',~DD I..F.....,~+l..., P~GP'Yorihnearwwwto:.sfc^eoW4wnuy
~J4
Fe~teralE~V ~Itrene~vmg,enarP~iVOertrirt~ . ~Prmn?numne~~ IFaRrmm6er
~ 1~ -~,1'~q81. ~ ~qs~~ !~o't-a83-'1~33 '~io~-a83-33~ o ~
; haRP r~mr p EnAa ~
O\ c4 1 c~wvti ~~ e1 '
`MailridaG7t=s crty ~SYan ~~p~4
:~ c~'~x \ ~~ ~ Ke~nc~~ ~ AK ~ S~iCe A!
Members in Charge of Games
P~em6ers'm miarg? must be namral peaon; ~nd aaive members of tl~ie organiiatlon, o~ employees of the munl rlpali .ry, and designatFd by the organlzatl on. Niembers In cha~ge
vendor for thls orqzNtatlori.lf mo~e than or,¢ ai~mate, atYaWh a separare sheet
Alterratememb¢rfiarname 1MI IPJ[ernatemtmberlastname
Emaii
~~ o'~-a$3- V`tS i i ~
Homerrtillinga ~d~e~
'"~ n' ~~ox ~~`r O~t
SYfiP
Hasthealternatemember~setlChetest' ~Yes ^No
~
MDP Ivi2lTibe( A~p~ICdfl~$ Alimemberapplkan[smust(11hav2ap2rmltor(2]haveapplledfurapzrrrtltfortl~ispermltyeai~
tdkin
Pertnlt# I
~a\~, ~ymeofor~nlmin¢
t~en,v,s
~1c~ O~~e~cs~
<-c-e.bo„~1 Gl~~c, ~S-Y.c • I,Phonenum6er
Ic?Fs3'1\33
~VemutG (
C7~'l a I~m:oforp~nud[ion
~CeY,c~:n
C..c~~n~c.,~c-:ov, ~
U~ s~~~`o~S ~x..re c.h E lv~ • Phonenum64r `
1 ~183 -\~'i ~i ~ ~
~'~, VemltP '
I ~m? oforg~mutwn i Phone n~anbe~
I
Nem~lYO I~mt oPmg~nlimion ~ Phaie number
I
~
IPermrtt
j
~ NameoforgaruIDtwn IPhonenum6er
°efm~ 0
( I tdan?ofar~aMlntion ~ Nimne nu^o=r ~.
Legal Questions
Thece qu?shbns mustbP answered. If you answer Yes to eltl~e~ questlon, see Instlum'ons. ~
^Ye~ ~~ ti3tanqmtmb?rotm~raQem¢nrorarrypersnnwhoisr^sponslbleforg~minqaRNlnesev¢rbee~mnvl~fidofafelcrry,e~rortion,oravlolationofalamoroNinana~fih6,tate
oraiwrherJuradimor~,thaYisa aime a~volving tlitft or tlishormsry, ora violation of g~mblirg laws?
^Y¢;L~o Doe~anyrrremC?rotmaraqemeraanypusonwhonresporalbfefm~ry~mingzmvCieshavcaprohiblretlcorf@d~in!erorc~d~nnedtq7iAALiFO_954?
1~far~; ~l~~de~~ per~ai;yaf utisvo~~~ fal~t~:ct~q ihd11 hare ~a^~rr~d thi- appH~~tron, Inluafr~ ary ariarhmc~t; ~vro thar, to thEt~st o,`,~ny knoroi~rtae and h~l,~et it B In~~eand
rom~rere I or~emand rlai am~i~l<.e stat~me~r mc~e~~ ihe a~clk~brr oranvaitachn?ea?sls pun;Slia6le hy la~r ~
Pnnmtlname
Permit Fee $100
Two copies of the appiication musCbe sent to ali applicable municipalifies and boroughs. ~ze in;nuctlons fo~
manda tcrv at',~~hmentz Pay ~nline with TG~ ai www. tn.stare~rk. r~ or maka ~he~4; ~a~~abie to Siate o! AI aska- Newr appl Icdna
me~t pay by <he<k. ~
~~ ~ ~,taifmAlaska6epartmentofReuenue-TaxDivision~PuBoY110~2G•Juneau,AK;948'i?-04i0 ~
__.
~ ~ Phone {407~4f 232G • Fa<(9u?)46`-3U4S • wwwrae>~rute.aP ~s~n ,mfr,q
r~~e
4'3iitlation t
D~tstzmn
~Sq ~, ~ ReTainacopyforyaurrecords rom,oaes25?2~<<unw~o,arn•~aei
~N15Pnairx _PABPpem~.7tG ~Zpp7AKMULTIPtE-BENEFI{IARYPEBMIT.4PPt(CATI:~N ~ ~'. ~5~
C:>~cSZ `C~wv~~~Y.~~ ( ~£'sti`~ - '~,
SupervisoryEmployees -- --
Flrrtryrrr \ ~ (ml
i1_0.'r0.wC G~T I__
~FICY;9ftP ~~ ~NI) ~
I asrnarri=. \ ~
~_`~C.TCr'
Lastndme
I
~ SoaalSemrlrynumber I
.. !
SodaISPCllfI~nURlbflf ~~~
~ pi~ ~~ ~ MI Lasmame Socal Sr~wrrynumber
I Fi~t Mme I MI I tast name I Soclal Semrity numbei' 4
~
{~CtNIt1~S~0(1dOC~2d~3y~~Plsanyfadllyrent~dorleGsedf~omanMBPme,mb~r? o~;o ~Yes IfYes,seeins~mc6er,z
iFa~llitpnarr~ ^~ \ ~ ~ • 1 Fadllryryoe(chedionej
~ t~~C'~ ~"~J+-n ~C.X~wc~\ ~J\ v'~C 6~~\ I
e ^Own¢~4 ~yLe~setl ^Donat¢d
I
Gzmecype(si ~6ryro ~S~fflcz ~m~-mts ^oner(speary}
IIP~^JS(IdidddtP.SS (`_ /~ ~, _y , ~GFQ
I ~Y" ~~B.K" ~ T- ~-°~.JO~. V. ~Cw.J. V~. ~e-~h[',`\ I SC.J(Y~P It'I(~r4 ~/ I
1`~~ I ~-11..f. ~,
I Feclllry nam~
. FadllryryD?~~~ec(io~eJ
^~wned ^LeaS¢d ^~onated
C,ametypc(s} ^Bingo ~P,miie~ ^Pullu65 ^ttther(sp¢Gfy~~.
iPGs~la~ddres; ~ Clry
i i ,StaCt i21p+C (
I i I
I Facility nam=
~ ~ra~lityrype(~he~knne)
^Ownetl ^Le~setl ^Danat¢d
~Gametypa{s) ^Bingo ^ita~~ ^Pall-rz~s ^Cthe~{spe~`y)~ ~
~PlTystlala(IdteSS Uty ~StdCP ZIG+4 ~
I
~~IldOf ~I1~0[f11aYlOll+iendoamayseflpu,l-tabsonly.Attacfivendo~rNglstratlonform{s~andfee(s}foreachventlorlistedbelow~
,Barorl~qu~ustoie~7mE Phy~~~aladdre~s CRy , SYare
' 4TiF+4 '
; AK ~ I,
Barorllqucrsforer~me ~'Physlraladdreis ~Cdy St~k ii14~+4 ~
j ~ AK i I
!Barorli uorsto2feme Ph irtladUre4 ~RY
p
~ I itd2 21y+4 ~
~
I
~
~ ' AK
Pnysi~alatldre4 ry
Barorllquors:orer~me
~ (Stah 2ip=A
~
~
I I AK ~ ,
BaraliqaaYorei»n?e IPhy,irladd~e~ ~C~y ;Stat~ ZIpy4
~
~ AK
~Ph}5i~zlatldre4 Clty
Barorliquo[sro~ename ~Stare I?Ip+4
~ , AK
Iv~d118g~(Ot ~dfTl~S Asd2finedinlSAAC160.495~nd?Sp,Af ;b~3b5.
69~~.a~eri~stname ~ ` M1Fi
I h9~nnge;lastn~me
"
~ SoualSe~utlNnumCr' ;Wynm¢Dnon:rum6er
'
'
r o.-r'G~'C C
~-X- ,Sy~o-~~-~ 3~ 3~1\3
Homerr~tlingaddrt=,~, Clry ~State 21p+4
\\
~
c
~ ~Mobilenum6er ~
~ ~ ~ \v ov~ 1.~.7 I eY'~c~.a t
,
l
Q-
Permit 6 unde: whl~=tes~ was taAer:
~13lYhISOI~OdGFtOdSCd(hC[p47 C~es ^No ~ ~~~~
859 ~! Retainacopyforyourremrds Formwo5s5~ae~~ooFfor2o~i•paqaz
2007 Alaska Gaming Permit Application ~AMESOF~HAN~EANO~oN~ESisoFSK~« !' 826
Apply online at wwwmxstote.ok.us/goming ',
(lrganization Information
~dieirv
~~~0(D~ I' iitre,ewing,en~erqamingpermlta ~
'3 i'3 Pnonenumber
~~~07-~ '3-~y3:3 faznumbe•
9v7- ~
'--G7a
5
Organieaticn name
~i l~ C~ J_ ~j ~/
~(J 17 /J r t1 C c?.P' I Y7 Websi~e atldr=ss
dJ j h 6 F`
Mailingatldress,
~' l
( ~,~y StztP j~p}q
~
~ ~ AK 1 /-Zlll
Entity type (check o~e) Organization type (che~k one) for definitlons, see AS 05.15.690 and AAC 160.995
~'Corporation ^ Chantabie ^ Fra~emal ^ Police or fire oepartmeni
^ Parmership ^(ivic or service ^ ~abor ^ Poli~ical ~
O Asm~iation ^ Do9 mushers'assaia[ion ~ Muni~ipall~y O Refigious ~
~4-Edu~a~ionaf ~Nonpmfitttad°assobatba . OVeterans ~
~ ^Fishingderbyasso~ia~ion ^Ou~6oardmcrorasso~iation . ^IFAI~a€ivevdlaqe
~ .~Yes ONo Ooestheorgan(zationhave2S~rmorememberswhoareAlaskares~tl=nrsastlefin etlinyourarBcfesofln~oroorationor4ylaw;~
Members in Charge of Games
Members in char9e must be natural peisons and active members o# the ore,aniiation, or employees of tFe municipaliry, anC designa(ed by the organitation. Me,robers tn char9e
may not be licensed as an operaror, be a regisrered verdor or an employee of a vendcr fcr this organization. if more than one alternate, attach a separate sheet.
Prima.rymemberfin~name ~ (M~I
.'_~ ~ ~-_... "" Pri/ma~rymembertastname ~
/'_I iT r ~~ .~ ~ - .
Sodalsemrirynumber Email ~
kd( al~sX~ n ¢
Ca fime phone number
~JO -~.s3-~y33 Mobll^ number
unme roailing atltlreu ~
'7. i~ I 5"~ r
KeMC~P AK ~ ~~fC~II-/5£~'i l !
Hastheprimarymemberpassetliherest? ~4es G'No Perm!r~~~tl=rwhicph;estwasaken
/
Legal Questions
These questions must be answered, IP you answer Yes m ei[her question, see instru~tions-
^Yes~No Nasanymemcero(managememoranypersonwhoisresponsiblefo~gamingattivifreseverbeenromlc[edofa(elony,e;~onion,oraviolanono(aiaworcrc~nznceoft6issqte,
oranomer jurisdlctlon, tha~ Is a aime Involvir~g [heh or tlishones~y, or t violation ofgambling laws? ~
OYes~lo Doesanymemberofmanaaemen[oranypersonwhoisresponsiblefor9aminga:tlvi[ieshaveaprohi6lredmn~iaof~meres~asd^finetlbylSAAC160.454?
We dedare, un0er penalty ofuoswom falsiBtariaq rhot we have examined t6is applirarion, inrluding ony otmchmenrs, and thaL ro the hesr ol our knowledge and befie(, iris troe
and mmplete. We undeistand r6ot any folse statement made on r.+~e apalimtion or any armd~menrs is D.~~nls6able by law.
Presitlenror
Permit Fee ~ `
The permit fee is based on 2006 estimared
gross rereipts. Check the appropriate boz.
^ Newappikant S20
^ SO-S20,000 >ZO
'~'520,001-5100,000 S50
i100,001ormore S~DO
826
Altemarememberfirslname MI Altema~ememberlastname
~IS~i2r- ~D U~
iocialsei~rirynumber ~mail ~,
'
I '+~ria i
'
rboctdQFc~fN~ / c^,
Daytimephone number Mo6 , n umber
~-~z~3- w i ~~ ~~c~~ - 5 9~-~ ~~
I Hom, ma~ aa addr=' 1 (~
~~ f ~ `~`J
4~~C 6i
~ ~~U
~<,~v ~e~~-n 1 !
~/ s~AK ~~~~ ~iL~ lI
~~
~ Has the alrernafe mem6er passeQ the tesl? ~es ^NU ,~ermtt N under which resf was ~aken
13P
Two copies of the application mest be sentto alI applicable
municipalities and boroughs. See instmuions for manda~ory attach~nents.
Pay online with T~JPS at wwwraxsmre.ak.usor make check payabfe to Srate of
Alaska Newapolicarts mus! pay by check.
Mail to Alaska Department of Revenue - Tax Division
PO Box ? 1G~20 • luneau, AK99811-~420
Pnone (907)465-Z3iG • faz (967)~65-3098
www, tax stnte ak.us/gaming
Retain a copy for your remrds
Ca[e
.oePdrtmem~sPONY .._... '._....
, Vahdalion k ~
Da~e s~amp. ...... .. _ ....
F~rmOaUS-826J R,ev IU105 for2007 • page I
organizaiionname IGam~ngpermuu 2007ALASKAGAMINGPERMITAPPLICATION 826
P~cKlz E-~;1a ~ob~'~c }~iro~~~l~~l'+n~ ~FME,oFCHavc:aNnco~aFsrorsKa~
Fa~~~lt bd$C'({ G11112$ ~S2~f-dll'2Ct2(~ Ifmorethantwoia~ilities,attacnasepararesheet. ~ ~ ~~~ ~~~~~~~~~
Y PhyS~(diddC~IP;s ~ify ~ SCdiP ~ZIp+4 ~
E, i~, l H~r K 5~- Nw te lo~ k~ r~ , AK c
Faciliryrype(~he<kone} ~ Game~ype(~heckallthatapply; ~ ~
^Owned ~eased ^Dana~ed ~ ^Bi~qo ~Raf~e ^Pull-ubs ^Aniroai~lassi<(~hickenl" ^anlr,ialdassk(ra~ra~e1' ^Specaltlrawraffle" ^Ca;~uttapool'"
Fa~illryname Physir.aladdress Cuy IStare ~Zip+4
AK
faciilryrype(fne~konel Gamerypef~he~kalft5a~apply)
^~wned Gle~sed ^Dorared ~ ~ 8~~i9o ^ kafFle ^ °ull-a6s ^ Rnimaldassi~ (~hi~ker.)" ^ An;ma, dassk (rat racel" ^ ~pe~iafOrawroffie`" G (ai<wlapoo~'*
~- "msrunedganwinm ' u~nsmrzo~ns~crmaiKlnroryattcthmenu
~I'23-baSEd Gd-112S If m~re than two areas, attach a separate sheet --~
krea
~~ 6ame rype (<oe~ka;i ioa~aPP~Yt
~iAdffle ^ConCEStq(Skili
~fishdetby ~~Dogmushers'con[es~ ^(In<siC(soe[ifyi ~
___.......__ ~
~Area Gamerypel~heckallthaiappiy)
, ~RafFle ^Con[es[ofskill ^~ishderby ^Dogmushers'mnresr ^Classi~(sDe~ify)
Manager of Games ez~~~red on~y ~o~ se~f-d~~re~rPd a~~~-raes ~~~e~~~o -
' Manage~ 8~st n~me
~ MI ~ Manage~ last naine
~ Su~ai s¢~urny number Day~ime phone
nomber
~
~
Flomemailingaa`dress Emall Mobilephone
I Permit N underwMch resi taken
~~i~Y
( S~a~e tiP+9 Nasthemanagerofgzmesotssetlthe[esB ^Yes ^No I
U211dOC ~ I11 O CfI1dtIUII Vendors may iell puli-tabs only ACtach vendor reglsrration farm(s) and fee(sl for each venoor Ilsted below
Baro~Oquorsro~ename
. Physicaladtlrss
/t/_ i
5"'
5~ ;Ciry , ISr~re
AK Lp+4 _
~~~/~ // ~
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Qarorf~Guorzmrename
~~
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Physia(~adr,ss
~aviCers ~3~1$~ /~eh~, S u,- G(9 ;tare
Nwu s~,~~e~hc? AK
' tlp+4~~ ~ ~
'
+4
21
~
Brrorliquor rename Fhysi~latlU;ess ~~Y S~a~e
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~
~ Bar or liquor srore na,~ne Physi<al address C~ry ~ $ta~K ~ Z~G +~
{
Bar or iiquorslore r~ame - {
~ hysrcal atldress r~~2y I Sm~e I Z'~ + 4
,
~
_.._ I
~ ~
~ ~ AK
Operator Informatian
Designare eperaror who will conouct a~tivities on the organiiaCion's i~ehaif. A[tad~i signed operaun9 cont;aa(s) If more shan one oaeraror, atCach a separaCe sheel, ~
Buslness name Game iype(s) Gperamr Il~ense ~
Operamr name
Multiple-beneficiary Permittee lnformation (MBP)
Desigrare the MBP with whkh the organiz~iion has signetl a parmership orjoiet-venture acreement.
MBPname 'GamerypP,(sl ~MB~Per>nitk
I ~ I
~2dICdtlOllOfN2tPl'OC22dS Deshlb2lndetailhowthe~~r9anizationwilluselber,e[pro~eedsf~rnamin9a~6vlties.
~'T~ s~1'p~~-~f- Q~uc~~;o~a~ z/cfiv~ ~ies o~ IJ~,L, q-
~•2w~r'cl~ opC~v.t1~-in.p~~
J
826
Retain a copy for your eecords
Fam 0405-826.2 Rev tOIW fos 2007 • page 2
2007 Alaska Pull-tab Vendor Registration
A regist~ation is required foreach vendor location_ A permit[ee may not contra~t with more than 6ve vendors at one time,
ADply online at www.taxstote. ok.us/gaming.
854
Fetleral EIN oi sodal semr~ity ynumber" Bevarag? dispensTry licen:e p
~ oackage sm~e lirense d
~
'~
~
- ~F' ~
~
~
~
.
Ownern e
~
~/ i Ausiness Ilceose d ~~~~ ~~ I
~ ~
~~-~ ''
Busine3sn me ~~
L Phone mm~6e~
~ ( Faxnumber
~
~ Y"
IOI-~bdZ'~ ~_ L
I~iL~7'v~~2' S J
I
Ma~adtlre~ ,~ ~ ~ ~ ~ Physi~a~adtlre~c(ver0o~ lotaron ~
+ S (JY GCI ~ ;
Ciry~ ~ SI Zi~+4
~ Qryo(ventlor;'o<atior; S[ate
AK 21p+
~
c 9 c
~~~~~ (l~~~t~~~~ "Ilyowbusrnesshasnorbeenissue0afederalfiM1{youommquiredroprovideyaursarialsearirynum6er
l(
ihese auesrioos must 6e aoswered by the vendoc i; the vendo: answer, Yes m any quesiion, please submlt tne person`s name, date of birth, soUal s~curiry aumber and position o( responsibiliry.
^Yes ~TJo Was any mem6er of management or any peaon who Is resporvble foi gaming a<(ivities ever been ~onvicted of a felony, exrortion, or a violation ofa law or
ordinan~e of this stare oranothe~ jurisdlction that is a trime involving theft or dishonesry or a viofarion of gambfing laws7
^Yes ~No Go you employ or ~ave a con,ract with the primary or alrema[e membe~ In ~harge, of~cer, boa~d memoer or manage~ of gaming for the above or9aniza!ion?
~YeS ~fNo Do you nave a~ontra~, orher ~ha;i a vend~r coctrar.F wrth the organization lis[edahove~
dor Contract to Sell Pull-tabs
Nm ~ti~nt m AS 05.15.188, the vendor listed abave he~eby agrees m sell pull-tabs as a vendor on behal( of tre permittee ;Iste~ above.
ihe vendor (urther agrees ;hat, as compensator, Por ezpenses incu« e~+in sell'm, pull-tabs on behal!cf the p~m~i~tee~~o/o of fhe ideal net ofeach game may
be retained by the vendor as mmpensation Permittee must receive a[ leas! 7~~/o of the ideal r,et from ea~h game AS 05188(h).
The vendorfurther aGrees that an amount equal ro the Ideal net, less the conipensanon owed to rhe vendor, shall be paid by ~he~k by the vendor to [he permittee upon
deliveryofapull-tabseries-ASOS 15.188(q.
It is further agreed that the vendor will ensure pull-tab wlnners of SSO or more wii4 <omule~e pnze re[eipi forms rha~ prirewinner summary fo~m will be mmpleted for each
pull-[ab game and reCained with those winning pull-tabs AS 05 15 187(i); and these records of pufl-tab winners wifl be given (o Che permittee to re?am for the requlred
two or ~hree years. AS OS 15.187(f).
It is further agreed lhatit is the vendor's responsibility ro ensuregaming a~6vity a~ [his vendor locatir,n is ~onduc[ed in accr~rdance wit~ al! aoolicablestase statutes
and requlations.
It is iurthe~ agreed that, if the ~~endor is no longe~ eligi6le to sell pul!-ta~s, then ail unopered and opened pu!I-tab ~ames shall ~ returned to the pe~mittee withln iG days sf
the perm!tCee loses the privileqe ro conduc~ gaming acnvities, then al! unoper;ed and opened p~il-rab games mu>t be treated in aaorda;xe wi~h 15 AAC 160490.
WeAedareur,deipenalryalunswarrtlalsihmtion,thatweKnvrexcm ~,+ ~,(omt~i~~~alrqo,~dvuenr nrdrnn(ro~hebesrolomknowleCqe.~nUnelielinsrmeanGromplere..WeundersmnArhatorylolseiroie-
men~ madean ihis domment or aimchments is oumsHaAl2 uvluov
Stgna~ore of
Printec name
ii~~ ~ ~epanmeoi u;e only~ valldmion
Registration Fee is $SO
Pay online with IDP; at wwwtax,sr~renk,uso~ make che~k paya~le m State or Alaska.
This registration form must be attached to a permit application form and
will not be processed until the fee is received.
gSq ', Retainampyforyourrecords
Ja~e
i/~-z1
~ ~.._//-~
I Department use only: daie s2mp
'rurm0405-8;4] Rev 10/06 Yoi 2007 • p~qe i
2007 Alaska Pull-tab Vendvr Registration
A registration is required for ea~h vendor lu~a~ion A permittee may no~ contra~t witn more ~han five vendors a~ one time.
Apply online at www.toxsmre.ak.us/goming
854
i rrtle~ai tin ~(~aminq permt u (?ermtiee mm~e i
'~?~ 13 1~j ~. , 1~ ~ , _..~~eMf;n•
Phone number Membe~ in ~hargp Member In <harge phone numbe~
~ n7- 3 - ~L{ 3 3 ,A- i 1 ~~. ,~ v x ~ ~ ~ ~a7- ~ ~3~ ~y ~ ~
Vendor Information
FetleralElNOrsocialiemrirynumbe~" ~ ~ Reveragedispensmylice~d Packagesmrelicenses
Ow name; ~ 3us~ness_liceras.~k` ~
~y~ ~ ~ ~
B~sin nam= ( Pho~~~u~eer ~~~~
~~ .~0 J Faxnumber
Mail~iw atldress
'S G~ ~ ~ Pnysi~ala~tlressofven rlo<a~iQn
$ C> ~ 7 I
Ciiy Sia 1ip+4 i
~ Ciiyo(v ndor;o<ation
~6~'. r Slaie ~2ip+e
AK ~ ~ /
Lega~ f1~EyS}~~~~ "i(vourbusinessho~r,roroeenissuedoleAe~olflN,youorerequiredroprooideyowsoriol~em~i;ynum6er
~1 ~
these quesliont musl be dnsv~e~etl by Ihe venda. I( Ihe oe:idru an,m _~!ei io~siy ques~ipn please so6ni, (ne peswn's n,i~~P, oa.~ of blrin, s~crak sem~iiy number rnd postion of responsi5lihy.
OYes ~(lo Nas any member of managemem a any person who Is responsibie for gam6~g attiviiieseve; been ~~nviaeti of a felony, exrorilon, or a vtolatlon ota law cr
ordinan~e of ihls stare or another jurisdl<<ion tha( is a trime involving ~he't or tlishonesry o~ a violatlonof gam5linG laws?
^Yes 1~No Do you employ or have a mntra<<with ~he primary or alternaie member In ~harqe, of~~er, board member or manager of gaming for ~he above organiaaiion7
~Yes '~'No Do you have a ~ontrau other than a vendor mntra~r wir~ the organization lis~ed above?
Vendor Contract to Seli Pult-tabs
Pur;uant to ASOS.1S.188, !he vendor I~ated above hereby agrees ~o seli pu~l-iaus ~s d vendor on behal~o(;he permittee Ilsted above
ihe vendo~ further a9rees that, as mmpeesa~ion foreapenses in~u« ed in selling pull-tab<, on beha;f o( die per~r,i~tee~~%of the ideal net cf ea~h game may
be retained by ~he vendor as comper,sation. Permi~tee musi rereive ai lear 70~'0 0! ihe ideal net (rom each r~ame AS O5 ~8P(h).
ihe vendor (urther agrees tha[an amnunt equ~l m[he ideal net, less Ihe compensaiion owed to ihe vendor, shall be paitl by ~he~k by fhe vendo~ (o ihe permlttee upon
delivery of a puli-(ab series. AS 05 15 188(i)
If Is further agreed tha! the vendor will ensure pull-tab winners of S50 or more will romplere prize re~ei~~ forms; thai pn7e winne~ summary form will be mmpletetl io~ each
pul6tabgame and retained wilh those winninq pull-iabs AS OS 15 iR7f'i)~ and ~hese reiords of pull-~ab winoers wili he given m ~he ~ermittee so re(ain [o~ the required
Iwoorthreeyears.ASO51S 187(f).
11 is (urihe: agreed tha[ il Is the vendor's responsihilily !o erisure gaminq aclivily at tnig vendor loca~ior is tondu(tei; in a<curdan(c wiCh ail ap,~li~able sfa[e sta(uies
and regulations.
I~ is fur~her aqreed that, if the vendor is no longer eliglble to seil puii-ial~s, then all ucopeneii and Upened pull~iao games shall be returned to ~he permittee within 10 tlays, If
Ihe permittee loses the privilege ro mnduu gaminq attiviiies, ihen all unopened ~nU upened pull-[ab games mus~ be [rea~ed in acmrd~nce with IS AAC 160 490.
WedeAOm under penaltyolunswarn lnls~6~Nion, rhat we 6ave exuiu~nE~d rh!s Po~rrt mdud~ay oROil;niPnls, nnJthor ru rhr besr o(ou~ knowlydqe ortl belie( il ~S irue and mmple[e. We unAersmnArhorony lolse smte~
men~modeon~hisdocumenrorotmthmzntsByruaishnltlebvlnw ~ ~ .
Registration Fee is $50
Pay online with iDPS a~ www.mxsime.ak.us or make ~hetk payable to Sta~e o(Alaska.
This registration form must be attached to a permit application form and
', will not be processed until the fee is received.
854 Retain a copy for your records
=a~ n OSai-fl S4. i Fev ;~/06 ~or 2~07, page~ t
LOO7 ~I~S~a UaTrIII~g P~CI~T~I~ AppllCaIIOCI GAMESOFCHANCEA~DCONTESTSOFSKIIL ~ 826
Apply onlir,e at wwwtaxstate.ak.us/gaming
Organization Information -- -
l
FedeaIFIN Ifrenewing,enrergaming~rnit~ Phonenum6er Faxnum6er
~ 5 C~~ % O ~ 0~77 ~ 7
rganleaNon name Website atldress
Mailingatldrese Ciry State Zip+4
-~ ' ;~ ~ AK ~ ~ ~ ~~t~
Eatirytype (checkone)
.._.. Or anization type (check one) for definitloos, see AS 05.15.640 antl AAC 160.995
. _........._
C~I" Corpo2tion ^ Charitahle ~ Fratemal ^Polire orfire decarcment
^Pattnership OOvlcorsenice ~labor ^Politlcal
^ Association ^ Dogmushers'asmciatlon ^ Munidpality ^Reliqious
^Educational ^Norprofitnadeassociation ^Veterans
~ ~-~~ ~ ~~ ~~ ~ ^Fishingderbyassociation ~ ~ - ~OOotboartlmotorassotiation ~ ~ ^IRA/Nativeviliage ~
~IYesONo Doestheorganizationhave2SormorememberswhoareAlaskaresidenuasdefinetlinyourartidesofiemrporationorbylaws?
Members in Charge af Games
Members in charge must be natural persons and active members of the organization, or employees ofthe municipaliry, and designated by the orqanization. Members in charge
may not 6e licensed as an operaror, be a registered vendor or an employee of a vendor for this organization. If more than one alrernate, attach a separate sheet.
Primarymemherfimname ~ MI Pri rymem6erlastname
~ ~h ~ ~
Sociaican~nrynumber Email
Daydmepnonenumber Mobilenumber ~
c~ -~-1 ~ 1
Homemai
iin
gadtlress
a
~
1 Iv, . ~1"P .. T.
Ciry Stare Zip+4
~ ` AK 4Ei` -~ ~ r .
Nastheprimarymemberpassedthetesd ~Yes p@o Permit~u~erwhichtestwastaken
Alremareme hetfirstname MI Nrematememberlastname
Kt ~ 7' i3~t~ke,
Socialstturiry umber Email
Y`FS~_ cle'3eflrSkrj„?
Daytimephonenum6er Mobilenumber
c~~ ~ - Z a'3 - [/~j,~~
Nome maiiing address
y,
~~.~' ~//'ty/K'si /
{-66n C
City ,
/~~ ~~, , Stare
AK Zip+4
`9~6i - ~ ~fc ~
NasthealremarememberoassedtheYesC? ^Yes ~NO PermltAu~tlerwhichtestwastakrn
4C Z ~S'
Legal Questions
These questions must be answered. ff you answer Yes to either question, see instmctions.
-~-~ ~Ves~fNo HasanymemheroimanagementorairyperonwhoisresponsibleforgamingactiNtlesever6eemm~vittetlofafefom,e~tonion,oraviolationofalaworordinanceotthiss[ate,
or anotherjunsdiction, that is a crime involving iheft ordishonesty, ora violatlon of gambling laws?
~Yes~No Doesanymemberofmantgementora~rypersonwhoisrespons161efarqamingaaivitiuhaveapmhibitedmnflictofi~rterestasdefined6yi5AAC160.954?
We dedare, under penaltyofunswom falsifimtioo, that we haue examined thls appfim[(an, includiogany attachmenYS, and that, to the bestofaurknowledge and be8et, it1Stwe
anac~mpfete.WeunderstandthaEOn falsestatemenrmadeontheappliratianoraayattachmentsispunishabfetrylow ~
Pnmar oralternate ersignature Frintetlname Wte
wa n~~ ~.~y,:.~ 1i-aF-~~
~mo ficersi e(se ~ ctlons}
~" P~inted mey/
~~~~
~
f'
~
` Oate
/)-2~'_G~ti~
/
r
-
/!
Permit Fee
The permit fee is based on 2006 estimated
grosz receipts. Check the appropdate box.
^ Newapplicant ,20
C $0 - 520,000 $2G
^ 520,001-5100,000 $SO
e $100,001 or more $100
826
Two copies pf the appiication must be sent to all appiicable
municipafities and 6oroughs. See instmctions for mandarory attachments.
Pay onllne wlthTOPS at wwwPaxs[ote.ak.us or make ~heck payable to Sfate of
Alaska. New applic~nts must pay by check.
Mail to Alaska Department of Revenue -Tax Division
PO Box 110420 • luneau, AK 99811-0420
Pnone (901}465-2320 • Fax (907?465-3048
www taxstate.ak. us/gaming
Retain a wpy for your records
form 0495-826.1 web Rev 70/06 for 2007 • page ?
organiutionname (Gamingpermits (2p07pLA5KAGAMINGPERMITA!
~~.~;p~i~'~ ~~'_~ ,3"'~c~ GAMESOfCNANCEANDCONTfSTSOFSKIIL
Faci(ity-based Games (self-directed) Ifmorethantwofacilities,attachaseparatesheet.
Faciliryname ~
w €r. Physi[alatltlress ~
~ ~ - •,~ ~ CRy State
AK 2ip+4 ~',
~, ;
Faciliryrype(chet one;
AOwnetl ~ ^Leas°d ^Donated Gamerype(chxkallthatapply) '~
^Bhigo ~Raffle ~PUII-tabs ^Anlmaidassic(chickenj` ^Mimaldasslc(ratrace)* ^Specialtl~awraffie" ^Calcuttapool*' '
Fadtrtyname ~ Physlcaladtlress City Sta[~eK ZIp+4
Faciiirytype(checkone)
^Owned ^leased ^Do:wted Gamerype~checkallthatapply) !,
^8inqo ^Rafile ^Puli-ta6s ^Animaldassic(chkken~* ~Animaldassi~~ratrarel' OSpecialdrawraffle** O:aicuttapool"* '~~~
"restnctedgamerype "sreinstruaronsNrmarMataryattatfinenfs
Area-based Games ~fmo~etha~~o~~eas,attachaseparatesheet '
Area Gametype~checkailthatappiy) ~~.
(r(..~.~~~p~~ ~ p~Aaffle ^Contertofskill OFlshderby ^Dogmushers'contest ^Classic(specify) ~.
.Area _ ~ Gamerype(checkallthatapply)
~~ ^RaAle ^Contestofskill ^Fishderby ^Dogmushers'mntes± ^Qassic(speci(y) ~
~idlldQer Of ~7dI112$ Requiredonlyforself-direaedpull-ta6sandbinqo.
Managerfirstname MI Managerlastname Socialseatlrynumhrr Daytimephonenumber ~~
1~~ ' n ~c-e
're~i-ic~ ~
'c'7J 2~~-'~~ ~7
Homemailingaddress Emaii Mo6ilephone '~,
'01 t r.- . r- '
Ciry Stare Zip+4 Pennit#untle~whichtesttakeo'~~
~
3 6' Hasthemanageroiwmespassetlthetest? ~7Yes ^No
v~ll d OC ~ CifOr1111tI0Il Vendors mav seil oull-tabs onlv. Attach vendor reaistration form(s) and fee(si for each vendor listetl below.
Barorliqumsrorename Physicaladtlress Ory ~ Stare Zip+4
AK
Barorliquorsrorename Physicaladdress Chy State Zip+4
AK
Barorliquornorename Physictladdress City State Zip+4
AK
Barorliquorsrorename Physicaladdress City State Zip+4
AK
Barorliqaorsrorename ?hysicaladdreu Ci[y State Zip+4
AK
Operator Information
Designate operator who will conduct activities on the organizatiods 6ehalf. Atrach signed o erating mntract(s). If more than one o erator, attach a se arate sheet.
Opearorname Businessname 6amerype(sJ OperarorlicenseM
Multiple-beneficiary Permittee Information (MBP)
6esiqnate the MBP with which the orqanization has siqned a partnership or joint-venmre aqre~
Dedication
_._.___
$26
.~_~~ -- -'
vi ~ve~r~u~e~u~ uescnoemaeraunowmeorganrzananwmusemenecproceeasrmmgammgacnvines.
SCI~,clpr~h~PS .Si.h~~~ ~c.-}~iv7'~'rr5 /.c-c;n) C"{1.ar:--~IFS ~
vr~y~~raw~S Ur p9~~Z a+~ c,^~~ .A h o/'~am~t O~-f1F~^S .:
!
Aetain a wpy for your records
form 0405-826.2 weo Aev 10I06 for 2007 • page 2
. P`4F~~'~I.FF l'
2007 Alaska Gamin Permit An~+ licatio
~
~ ~AMES ~~,~~ ~A TE~TSO~~
~
~ ~~ K~~~ 8Z6
Apolyonlineatwwwtoxsmte.ak.us/goming
" f
'"
Organization Info rmation ----_ =~i~ ~ ~
nE. ,, - ---
~
E,_ ,~, ~ ~
~~.ralEiN Ifrenewing,enrerGaminqpermit~ Phanenumoer ' ~~._-.-~-~" ~"~ ~ '~~~~nar.n-~ ~
-
l D .2,~ ' d9~
Organleatio~name Weosi[eadtlress _
6 F ~ G ~` ~ 4(G . Nt,i' .
MaIlingadC~ess City ~Sta[e Zip+4
o. E ~.~!!f} ~ AK /- a936
Entity type (theck one)
_....,. _...
. Organization type (check one) ior ~efinitions, see AS 05.15.690 and AAC 160.995
_.
~
^Corporation ^Chantabie pFraternal ^Poli<eornredepartm^.nt
^Partnership ^Civi<orservi~e ^ltbor ^Politi~al ~
^ Association ^ ~og mushedassociation ^ Municipaliry L~eiigious ~
^Eaucatlonal ^4onpmfituaaeasmciatlon ^Ve;erans .
I ~ fiSAing tler6y assodatior, G' OuC6oartl momr assodation . ^ IRAlNacive vii;age ~
GYes ~NO 3oestheorganiiationhave25ormo~ememberswhoareAlaskaresiEentsasdefined~nyourartidesoiinmrpo22i~norbylaws? ~
Members in Charge of Games
Members in charqe must be natural persons and active members of tne organization, or employees of the municipality, and designa[ed by:he oraanization. Members in charge
may not be licensed as an operamr, be a registered ventlor or ar. employee of a vendorfor this orqanization. if more than one alterrare, atta~h a separate sheet
nam°
Ema~i
Caytime p on~er ~ 1lobile
9sr~-- 4~a~
4
AK I 99G,!/-
Permlt N untler which rost was takeo '
Has Ue primary member passed the test? ~Yes ^ No ____, I
~ Alternzte memoer firs! name ~ MI Aitema~e member ~asi name '~,
_ls~~~ ~ - -Sr A~rv~J
~
Socialseca;iryn~mber , F,ma'rl
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Kenai River Special Management Area Advisory Board
'*** Tentative Meeting Agenda**'~
Thursday, December 14, 2006
5:30 p.m.
Kenai River Center
I. CALL TO ORY)ER
A. Roll Call
C. Agenda Changes and Approval
II. PUBLIC COMMENT
A. Bridge Update - Matt
IIL OLD BUSINESS
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A. Re~ulation Process update - Jack
B. Guide Advisory Committee report - Joe
C. WaCer Quality/Emissions Committee-Guidelines for Einissions Solntions
and Strategies Discussion - Ted
D. Committee Assignments update - Ken
E. Kenai River Center update - Pam
F. Guide Academy Report - Jacques
IV. NEW BUSI~'VESS
A. Kenai Park Ranger Selectioi~ - Jaeques
B. KRSMA Comprehensive Management Plan revision - Jack
V. ACTION ITEMS
A. Consider Guidelines for Bniissioii reductions proposais
VII. ADJOURNMENT
A. Board Corrunents
B. Date/Agenda of Next MeeCing Jan. 11, 2007
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Kenai Area O?fice, Box :247, Soldotn2, AK 99669, So;dotna 262~55E1'
Kenai Wninsula Borough, Box 850, Soldotna, AK 996fi9, Soidctna 252-4411
Aieska Dlvlslon ol Parks and Outdecr Recreetfoq Departmeni ot Natorel Resouress: In ccoperefion wilh the Kenai PoninsNt 3o:ou9~.
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Kenai River Special Management Area
Advisory Board
Thursday, November 9, 2006
5:30 p.m.
Kenai River Center
I. CALL TO ORDER
A. Roll Call
Members present: Ted Wellman, Ken Lancaster, Jack
Sinclair, George Heim, Brenda Trefon, Robin West, Jim
Czarneski, Tom Vania, Keith Kornelis, Tim Stevens, Dick
Hahn, Curt Shuey, Rick Wood
Members Absent: Jeni Evans, Joe Connors, Pete Sprague,
Richard Dykema
Director Jerry Lewanski was also present.
B. Approval of 10/ 12/06 minutes
The minutes were approved as written.
C. Agenda Changes and Approval
Under New Business add Item D. DEC Integrated Report by
Tim Stevens and Item E, Work Session on Impaired Status
by Ted Wellman; Under Old Business Move items B,C and D
to C,D, E and Add new B: Buyback Program Update by
Brenda Trefon.
Ken read the following from Suzanne Fisler: Dear Kenar
River Aduisory Board Members,
Dale Bondurant, past Kenai I2iver Advisory Board member
and aduocate for the river, passed away last week. As many
of you know, Dale consistently aduocated for the protection
of habitat a.nd resources first. His viewpoint was simple but
spo7ce volumes. Without the resource there would be nothing
for the users. This uiewpoint needs to be taken to heart and
considered as we continue to address the many issues that
will face us in the future. His viewpoint and support will be
missed. There are no plans for services or commemoration
until the spring.
Ken then asked for a moment of silence.
YI. PUBLYC COMMENT
A. Kenai River Bridge Update - Matt Coullahan
Matt Coullahan was not able to be here but he sent an email
update which Ken read:
If anyone asks for details here is what I know so far:
1. Through Nouember we will be installing our custom fitted
deck panels.
2. At the beginning of December the installation of our deck
reinforcing steel.
3. Mid to late December the deck pour begins. (There are 3
deck pours)
4. January we will begin our approach slabs (These are at
either end of the bndge) The slabs will require the ground
to be thawed I~efore we pour the concrete and it will be
time consuming.
5. Late January of early February should be the end of our
concrete curing period.
6. Early to mid February should be the temporary asphalt for
the two lanes on the downstream side of the bridge
7. Mid February there should be traffic on the new bridge.
8. The Coast Guard will extend their permit for the removal of
the temporary bridge pile to 90 days after traffic is on the
new bridge.
9. Our Right-of-Way section has already begun negotiations
with the property owners that have temporary construction
easements.
I O.All the other permit extensions are in place.
I I.Wilder will continue to work 7-days a week (excluding
holidays) to complete the work.
Dwight Kramer: Made a comment on the proposal from the last
meeting on noncompliant motors by 2008. It gives people one year
to become compliant and he said he does not believe that is
enough time. He said the DEC chart shown at the public meeting
demonstrated a mix of 4 and 2 stroke motors. There are quite a
few 2 strokes left on the river. He thinks giving it until 2010 would
be better. Fair way to lirnit the guides needs to be accomplished.
Dwight asked the board to support DEC on the recommendation to
call the Kenai River impaired.
Richard Thompson: Local commercial fisherman. Here about
interest in the 50hp issue. He wanted the board to know there are
a lot of people not here tonight that are concerned about pollution
issues, erosion issue, the congestion and the safety. There are
many people who would like to make the Kenai a drift only river.
Kenai River Special Management Area Advisory Boaxd
Minutes - November 9, 2006
Page 2 of 11
Wilson Gillespie: Representing the Kenai River Property Owners
Association. KRPOA was instrumental in bringing about the 35
horsepower. He has fished the river since the mid-70s. He said
95% of the guides on the river already run 50s and 60s. They have
to run 50s to get their Willie, Koffler, or Fishrite loaded with gear
and 5 people. He said he can tell just by looking at them go by
what they are running. He asked the board to take this
horsepower issue seriously. There are 2500 lots on this river. If
this river gets a reputation for pollution, it will drive Yhe cost of
property down. He said the guides will have to step up along with
Parks and Fish & Game and our new administration and say it's
time for sorneone to get this issue under control. He urged the
powers to be to quit dallying around and look at the elephant in
the room.
Frank Kuffel: Lives in Sterling. He said he has a little 18 foot boat.
When his grandchildren and he stand on the banks for reds and a
guide comes by with a 20 foot Willie with full load and clients you
better get out of the way. You can stand on the slides sometime
and see what those big boats are doing. You can see what is
happening to the banks. Not only that but when the guides see
you catch a nice silver those guides will move in to that area the
very next day. He said he does not know how this river can
sustain the guides. The amount of fish that are being hooked and
damaged and taken off this river makes him question how the river
can sustain itself with the number of guides on the river. He is
also concerned about septics that are seeping into the water. He
did say 4 strokes are a good idea environmentally but give folks
until 2010.
III. NEW BUSINESS
A. Introduction of New Board Members - Ken
Ken introduced the new board members and asked them to
say a few things about themselves.
Jim Czarneski: Moved to Soldotna 2 1/2 years ago. Prior to
that he worked as a biologist with the Missouri Department
of Conservation. He did a lot of work on water quality
issues, stream issues in the midwest. He is presently
working with the Kenai River Watershed Forum as a water
quality coordinator and also remodeling a house. The Kenai
River is in far better shape than what he worked with in the
Midwest. We need to keep it healthy.
Kenai River Special Management Area Advisory Board
Minutes - Novembes 9, 2006
Page 3 of 11 .
George Heim: 28 year guide from Cooper Landing. He looks
forward to working on issues especially on the upper river.
Curt Shuey: Lived in the area 28 years. Involved in guiding
long ago, worked with F8sG, worked at the Moose Research
Center. He has a degree in biology and recently finished
some studies in conflict resolution. Looking forward to
heiping work through some of the issues.
B. Goals for 2006 - 2007 - Jack
Jack supplied the board with 2006 Accompiishment Update
handed out. Jack went over the list with the board. Some of
the accomplishments were: the addition of a Park Ranger to
the river district last season; passed regulations on
suspension/revocation offenses for Kenai River Guides; Boat
anchoring methods; regulation requiring all guides complete
the Guide Academy; and several more. Of importance
recommend to the new Commissioner of DNR that a revision
to the KRCMP be funded and started in the fall of 2007. Jack
asked if there are other items to add to the 1ist.
C. Horsepower Regulatron Package and Public Review
Document - Jack
Director Jerry Lewanski stated a regulation has been written
to change the limit of the motor size to 50hp. This reg will
also limit the boat size on the river. There will also be a
restriction on the EPA 2006 compliance of boat motors by
2008. This is the part of the regulation that has been
difficult. DNR is moving forward and hope to have the regs
out by next week. Jerry said moving with this will heip the
river. There will be public hearings both in Anchorage and
in Soldotna on these reg changes. The present
administration will not be signing off on these since a 30 day
public review is required. Key issues have to be presented to
the new administration on all our parks and this one is on
the top of the list. Jerry encouraged the board to voice your
opinions to your elected officiais.
Dick Hahn: Dick said that with all due respect he has seen
the ignoring of public comment in the present
administration. It is so bad it makes you wonder if you ever
want to write another public comment: DEC and their
mixing zones, Game with their hunting of wolves from the
air. Everyone is a yes man to the man or they have Teflon
backs. It is very frustrating. If anything is implemented
Kenai River Special Management Area Advisory Board
Minutes - November 9; 2006
Page 4 of 11
between now and the 4th of December you will have a pubiic
uprising. There is no credibility in the system at the
moment.
Jerry said there will not be anything done by the December
4th deadline.
Keith: Asked about the 2006 EPA compliance. Is there a
timeframe like the board suggested becoming effective in
2008?
Jerry said the 2008 timeframe was noted.
D. DEC Integrated Report - Tim Stevens
The 2006 Integrated Report is required by the Federal Clean
Water Act on the status of state waters. All states are
required to do so. He explained the list contains 305 (b) and
303(d) waters. He explained the different categories and
handed out some information. Highlights of this report are
that t~~o waters have been added: the lower Kenai River and
Big Lake. There wilt be informational public rneetings held
at the Anchorage Legislative Information Office on November
215t from 4-6pm. Other LIO offices will be teleconferenced in
at Kenai, Fairbanks, Juneau and Wasilla.
Jim: What is the purpose of the meeting? Tim said it wi11 be
to inform the public about the waters being listed and to
field questions from the public.
Dick: What are the implications of the river being rated as
impaired? What physical things can happen as a result of
that? Tim said if the impairment holds through public
comment and the state lists the river to be an impaired
water, a"TMDL" would be scheduled for the year 2011.
During that time DEC would work with state agencies to
work on a water body recovery plan. It could be moved up if
there was enough public interest to do so.
E. Work Session on Impaired Status - Ted Wellman
Ted made the following motion which he provided in writing
to all board members:
I move that the KRSMA Board set a work session for
November 18, 2006 starting at I:OOpm followed by a special
meeting starting at 3:OOpm.
~ Kenai River Special Management Area Advisory Board
Minutes - November 9, 2006
Page 5 of 11
The work session would be for the following purposes:
1. Receiue briefing, evaluate, and anatyze the DEC study and
proposal to 2ist a section of the Kenai River as impaired
under DEC and EPA reguiations.
2. Receive briefing, evaluate and analyze the information on
fecal coliform contamination in the Kenai Riuer and
potential sources of such contamination based on water
quality studies with reference to recent developments
atong the river.
The work session would be open to the public buti would be for
the Board participation only and no public testimony would be
received.
The special board meeting would follow the work session and
be for the express and limited purposes specified beiow:
1. Receive public testimony on the DEC study and notice to
list a section of the Kenai Riuer as impaired~unaer DEC
and EPA regulations.
2. Discuss and consider the DEC proposed listing of the
Kenai River as impaired under DEC and EPA regulations
3. Take action on sending a letter in support or in opposition
to the proposed listing of the Kenai River as impaired.
4. Discuss a process and timetable for developing alternative
actions to reduce hydrocarbon emissions on the river.
5. Discuss and consider the information on fecal coiiform
contamination.
6. Take action on sending a letter to DEC requesting the DEC
inuestigate the adequacy and potential for pollution from
sewer systems in new deuelopments adjacent to the river.
Keith Kornelis seconded the motion. Ted said the goal of the
board is to weigh in on the impaired status. There was
discussion about the motion and then it was voted on
unanimously fo hold the meeYing on November 18rh. It will
be at the Kenai Peninsula Borough Building, Room A
starting at 10:00 am with 3:00 pm meeting to take action.
Ted asked to have public notices sent out to newspapers,
etc. to get as many people involved as possible.
IV. OLD BUSINESS
A. Boat Wake Study Report - Brenda/Jack
The draft was sent to the primary sponsors on Oct. 23~d. It
was reviewed over the next 7 days. There are two parts to
Kenai River Special Management Area Advisory Board
Minutes - November 9, 2006
Page 6 of 11
the boat wake study: Dr. Maynard's' work with the wave
energies and the other is a sediment and bank study. It was
clear these two parts were not well integrated with each
other. One had used metric and one had used US
measurements to compare sediments. It made it difficult to
compare the results. The study has been sent back to Dr.
Maynard to have it better integrated. It went back on
October 30tn.
Keith: What is the tirneframe to get the study back? Jack
said he does not have a definite date. Jack said he
discussed with the other primaries the possibility of
reservin~ a room at the Kenai Peninsula College to do a video
teleconference in live time with Dr. Niaynard. Brenda said
the study should be available online before that time.
Brenda said then the open forum would happen. Rick
asked who the primaries are. Jack said Kenai River
Watershed Forum, Lance Trasky as a logistical advisor,
Kenaitze Indian Tribe and Parks.
B. Buyback Program Update - Brenda Trefon
Brenda said 40 motors have been replaced. They were
hoping for more. There were 200 vouchers available. The
program will run again next summer. There is a possibility
of extending the program.
C. Kenai River Center Update - Pam Russell
The COE is putting out their Nationwide permits for
comments. Main concern for the Kenai is Regional
Condition B the Kenai River wetlands. They want to change
the jurisdiction from 500 ft to 100 ft. Pam asked everyone to
look at them with comments. This will affect all the
wetlands up and down the Kenai River.
Pam said she is still working on the trend nurnbers. There
were 437 Kenai River guides this year. This is up 30 this
year. 360 were motorized; 77 drift; 397 fishing; 49 non-
fishing; 332 resident and 105 non-resident.
D. Competitive Recreational Permits Kenai River - Jack
There are events on the river that were never permitted. Jack
cited the Anchorage Symphony's recent newsletter which
had an article in it thanking everyone for participating in
their fundraiser on the river. They said they filled 20 boats
up with 4 people each. Jack said he has looked at how other
states handle these large events. The KRCMP calls for no
Kenai River Special Management Area Advisory Board
Minutes - November 9, 2006
Page 9 of 11
derbies to be scheduled on the river during peak use times.
State Park regulation says that any competitive, sponsored
or organized event in a state park with over 20 people
requires a state park permit. Most guides could exceed that
regularly when they have 20-30 people like a family reunion
wanting to fish the day. Jack recommends groups of over 40
people on the river should have a permit. Derbies would still
require permits.
Keith: Would there be some perrnits that would be denied?
Are there provisions to say "no, you can't have it on this
day". Jack said there are times when permits are denied
either due fo the special location and number of peopie
involved. If it is not appropriate for the resouree a permat
will be denied.
Ted: Since there are groups that have had events before
wouldn't it be a good idea to we correspond with those folks
ahead and put them on notice, like SBS, and several
manufacturers that do that. Jack said we have started that
now.
Rick: What is the difference of some operations sending out
10 boats every morning versus someone having 40 people
going out. Jack said the group would tend to want to
socialize with each other at some point. They may take over
a whole circuit of drift. Whereas when individual boats go
out they are by themselves.
Ken: What is the permit fee? Jack: $50 permit fee. Ken
asked if there are cases where boats come from Seward or
Fairbanks? Jack said he thinks most are from here,
probably guide boats.
Ted: Prudent thing would be to say Parks cannot
accommodate these permits at certain times - the busy
times as in July. Jack said we do refuse permits at busy
times or holidays, etc. Permits are not meant to displace
other users.
E. Guide Advisory Board Update - Joe Connors
Joe is not present therefore no update was available.
Jack handed out a past list of Advisory Board Committee
Assignments. There was a short discussion on the
committees and their function. Ken suggested the board
Kenai River Speciai Management Area Advisosy Board
Minutes - November 9, 2006 .
Page 8 of 11
look at the lists and decide what committee they would like
to be on by the next meeting. The committees are as follows:
Permit
Guide Advisory
Legislative
WaYer Quality
Borough
Habitat Protection/Restoration
Emissions Reduction Strategy
Recreation
V. ACTION YTEMS
A. Resoluti_on: Support for the funding ~f the Kenai River
Photogrometry Study
Dick Hahn made the motion to send the resolution; it was
seconded and approved unanimously.
VI. PUBLIC COMMENT
Dwight Kramer: A question was directed to Director Lewanski.
DNR feels all the proposals regarding the 50 horsepower are
good for the river. How will going to 50 horsepower be good for
the river when DEC says it will add pollution to the river? Jerry
said he recognized we don't know all the results that will
happen. He said we do understand there are problems with
people operating boats at their present size with 35 hp and that
going to a larger engine will probably allow people to get up on
step quicker and reduce wakes. He said he is not convinced
that the hydrocarbons wiil increase with the 50 hp. This is not
the end. This is just the first step in keeping the quality of the
river high:
Dwight said he feels with the 2006 compliance it wi11 hamper
those that will not be able to get a new motor by 2008. He
informed the board there is a newly formed organization in town
called the Kenai River Fisherman's Coalition dedieated Yo
protecting the rights of unguided fishermen and personal use
fishing. It is a non-profit. It consists of 8 retired federal and
state fisheries biologists and 7 local area fishermen. The
organization will represent private anglers to assist them in
becoming more aware of what is going on with river issues.
Richard Thompson: Will the 50 horsepower regulation include
some sort of emissions testing as in the testing done on
vehicles? He said he could see that as folks get 50 horsepower
they will be thinking it's great, it's smooth so they'll look at
Kenai River Special Management Area Advisory Board
Minutes - November 9, 2006
Page 9 of 11
getting a bigger boat. Jerry told Richard IM tests on boat
motors are non-existence. Jerry said he checked with EPA and
there is no equipment available to do that kind of testing. Jerry
said width and length on boats will be restricted.
Cliff Cuilings Lives on the east side of Sterling. He owns
property on the river near Naptowne Rapids. He is concerned
that the whole river is lumped inYo this pollution problem. He
said there is no pollution on the upper part of Yhe river. And he
noted that he has run a Zodiac on the river since 76 with a 25
hp. He said he is afraid to go to the lower river. Never would go
to the lower river to fish as there are too many guides. He would
support more float days.
Bill Keller: Kenai River Property owner at mile 18. He stated he
thought it was just the lower river deemed as polluted. Tim
Stevens replied yes from mile 19 down. Would support drift
day with no motors allowed at a11. He said he sees more and
more boats just traveling on Mondays. Give the river a break.
Add an extra day every other year. Limit the number of guides.
VII. ADJOURNMENT
A. Board Comments
Dick: It is becoming more and more evident to effectively manage
the river we need the combined joint efforts of the Boro, DNR, DEC
and F&G and then the Board of Fish. The Board of Fish seems to
work in isolation to ali of the other agencies. The problems we are
beginning to see on the river involve more than the Board of Fish
and fishing regulations and DEC and water quality, etc. He said
he lives very close to the river. The guy that lives across the street
from him bought 200 feet of the river bank and has proceeded to
tear it up on his own. There are no teeth in the Boro's overlay
district ordinances. It is necessary for these agencies to meet
regularly to discuss management problems of this incredible
resource that flows by us every day. It is the lifeblood of our
community. This impaired status should be a wake up call for all
of us.
Tim: Encouraged the board to look at the Integrated Report and
submit comments.
Robin: Mentioned there are a number of federal subsistence
issues of interest to the people in the Kenai area thaf will be
discussed in Anchorage one week from today at the Federal
Subsistence Board. One is whether to separate the south central
Kenai River Special Management Area Advisory Board
Minutes - November 9, 2006
Page 10 of 11
regional advisory council into a Kenai regional advisory council.
The other issue is the reconsideration of the Ninilchik's community
customary and traditional use determination for the Kenai River.
They have a proposal out for subsistence fishing on the Kenai
River.
Keith: Happy to see the resolution in a form that could be read on
paper and suggested perhaps emailing future resolutions to the
board members a few days in advance.
Brenda: Would like to talk about getting all of the non compliant
EPA motors off the river at the next work session.
K~n: He h,as been a private fisherrnan since he quit guiding in
I961. It is time to get zoning throughout the entire river.
Jack: Noted he brought DPORs Strategic Plan and is available for
anyone to take with them.
B. Date/Agenda of Next Meeting
Next meeting will be December 14th
Kenai River Speciai Management Area Advisory Board
Minutes - November 9, 2006
Page 11 of 11
MEMORANDUM
TO: Kenai CVB Board of Directors
FROM: Mya Renken, Executive Director
RE: Executive Director's Report
DATE: December 8, 2006
Administration
o Staff update
• We completed our first service project by filling boxes for Thanksgiving Dinner at the Kenai
Peninsula Food Bank. Thank you to Sharon Brower for watching the Center so we could do
this.
~ We're finalizing the date December's service project.
~ Cassandra's last day of work will be December 22, 2006.
~ A potluck Christmas/Going Away party for Cassandra has been scheduled for Noon at
December 18, 2006. KCVB's Board and the Kenai Chamber's team are invited.
• Hired Charies "Chip" Spangler to replace Cassandra. He will be working two/three days a
week and comes to us from University of Maryland University College's IT department. He is
highly recommended for his work ethic and his ability to work within budget constraints.
• We are working with Jackie Garcia at the Job Center on our volunteer program and have one
new volunteer, Carmen.
• As you can see from the Minutes, I took notes and taped the October 30, 2006 meeting and
Cassandra prepared the Minutes.
• After Cassandra's departure, we will have 4.5 FTE staff, including me, staffing a facility that
will be open in December as early as 6:45 a.m. and as Iate as 10:30 p.rn. from Monday
through Saturday because of scheduled events/meetings.
KCVB
o Destination Marketing
• Compieted paperwork for on-line and bingo response card presence in Frommer's Budget
Travel, Sunset Magazine, and Outdoors.
~ Spoke with Donna Claus on Governor Palin's transition team for the Department ot
Commerce and Community Economic Development about tourism issues in our area.
Working with 8ernholz and Graham on two media outreach opportunities.
~ In October we provided images to be included in the book, "Best Outdoor Towns of America"
• travel
• A new domain for use by qualified travel industry businesses.
• KCVB owns www.visitkenai.travel, www.kenai.travel and www.kenairiver.travel
• Western Association of CVB's is hosting a teleconference on December 14`h to
answer questions about the domain category.
o Visitor Center Services
• Visitation statistics show an increase at the Center for the past year.
• We continue to have people visiting the community looking for flightseeing and boating
experiences.
~ Tina attended Alaska Host Cultural Training train the trainer program in Anchorage
• We wili be training all front line staff and volunteers in the Alaska Host program
~ I aiso am researching the Alaska Certified Expert (ACE) training for all front line employees
so they can better assist our visitors.
o Cultural Center Programs and Exhibits
• Sticks and Stones: Structured Alaska
• Sponsor packets were mailed and sponsorships are beginning to come in the mail.
. Sponsors reception will be held in February
~ Captain Cook exhibit
• I have asked Natasha to delay the unveiling of this exhibit to coincide with the 229th
anniversary of Cook's visit to the area (May 25 - June 7, 1778)
• This change will allow her more time to focus on the exhibit and to aliow a tie in that
will be of interest to the media.
• We will be developing a self-drive brochure that will take people to the area's Cook
visited while here.
• I have spoken with Con Jaeger about any tie-ins with Fire and ice Vacations for the
international market and Cook's travels to Hawaii and Alaska
ArtScene AK announced nominations for its 2006 Members Choice awards.
• The Kenai Experience was nominated for best exhibition/instaliation
• Natasha was nominated for best administrator.
o KEDS
• There were many other nominations for the Kenai Peninsula, including Bill Heath and
Zirrus VanDevere.
Kenai's Saturday Market
• Wiil begin again Memoriai Day weekend, 2007
• Received letter from Alaska Department Naturai Resources about how
knowledgeable our vendors were about the Alaska Grown programs
• Have been notified of additionai funds up to $750 available for the creation of inedia
and/or educational outreach.
Kenai River Marathon
. Total runners participating in the race numbered 69
. September 30, 2007 is the date for next year's race
• Everyone involved, including runners, had a great time
• Recommendations for improvements have been solicited and addressed
• A website will be developed to provide photos, race route, and testimonials about this
year's race.
o ATIA
• i was appointed to ATIA's Marketing Committee and attended the Strategic Planning Retreat
in Ketchikan December 4- 6, 2006.
• I am chairing the Tourism North/Highway subcommittee and s Chair of a subcommittee I also
sit on the Planning sub-committee.
~ This may be the first time a Kenai Peninsula resident has chaired a subcommittee.
~ Next ATIA Marketing Committee meeting is in January in Juneau.
• Additionai meetings are in April (Juneau), June (TBD) and AugusUSeptember (TBD)
• Ron Peck, ATIA's CEO/President, is participating on Senator Palin's DCCED's transition
team representing the travel industry.
o Peninsula Clarion Visitor Guide
~ I provided the Clarion with our membership list to solicit advertisers for the 2007 guide. This
is the same action I took when we were working with PrintWorks last year to develop a guide.
~ I sent Evy the story ideas the Visitor Guide Committee had developed during last year's
program as well.
• December 8'h was the final closing date for the Guide
~ KCVB had Sara Smith write the articles on the other Peninsula communities for the article,
which I edited before sending them on for the Clarion to edit.
• The Visitor Guide will be our fulfiliment piece for all inquiries and it will be located in the
Visitor Centers throughout Alaska at no additional charge to us.
• Here is some of the email correspondence with Evy (my comments are in blue):
. Also, to confirm - you will facilitate the arrangements to have the guide placed in the
chambers you have space-share agreements with & the maii out of the guides. We
have agreements with other destination marketing organizations around Alaska to
place our official guide in their visitor center, all we have to do is send them a supply
to stock.
. Anyway, in answer to your question, the inclusion of the Mat-Su and KPTMC's guitles
in the Alaska State Vacation Pianner are paid advertisements. The 2007 pianner is
printed and now available so the next advertising cycle is for the 2008 guide. The ad
deadline for the 2008 should be in April/May. I am open to discussing placing a
similar ad provided both of our orga~izations are willing to share the expense to place
such an ad, which I think is around $5,000. I hope this answers your question.
• Thank you so much Evy. I wanted you to know how much we appreciate all the hard
work you and Peninsula Clarion team is putting into revamping this Recreation
Guide. If anything else comes up that is hampering sales, please call and we can
discuss ideas for a solution.
• I will give you a call, but a quick heads up here. We realized that we had to back up
the date we originally had the guide scheduled under, and will not be doing the
publish the beginning of January as expected. Right now, we should be good to go
the end of January.
The benefit to this, is that it gives us additionai time to make certain we are in contact
with everyone who wants into the pubiication. Additionally, this window wili be of
great benefit towards giving us a better overall product than we would have had with
the eariier timeline.
I am going to have the composing department revamp the sales pieces and just
wanted to let you know we are extending the deadline to December 8`".
o Miscellaneous Projects
• Premier Alaska Tours invites you to their annual holiday celebration on December 12, 2006
from 4:00 p.m. - 7:00 p.m. at their offices near the Blue Diamond Parking log. FiSVP at 907-
279-0001.
~ Continuing to work with KPTMC to bring Joe Veneto, the Opportunity Guy, to the area to
present his Packaging Lab program. This wili be a topic of discussion at KPTMC's next
meeting on December 14, 2006.
Patrons
o Incorporation
~ We are now officially a 501(c)(3)
~ The officers of the Patrons of the Kenai Visitors and Cultural Ce~ter are:
• President- Sasha Lindgren
• Secretary- Lori McLennan
. Treasurer- Ron Maiston
• The officers need to meet to discuss financial business; inciuding establishing a bank account
so we can accept our first grant from Museums Alaska.
• This organization and its role with KCVB wili be an important discussion during the strategic
planning retreat.
-
l~ ~
Kenai Convention & Visitor Bureau
Kenai, AK
Regular Meeting
October 30`h, 2006
President Sasha Lindgren cailed the regular meeting of Che Kenai CVB to order at 535
p.m., October 30th, 2005, in the Kenai Visitors and Culhual Center Board Room. Rol:
call was taken. A quorum was presenC.
Present: Mariotl Nelson, Robin West, Fred Braun, Sharon Brower, Sasha Lindgren
David Edwards-Smith, Ray Ortiz, 7acquie SYeckel arrived 6:37 p.m.
Absent Mayor Pat Porter
Exeused: Ron Malston, Robert Fulton, Diana Lofstedt,
Visitors Present: Mya Renken, KCVB Executive Director
APPROVAL OFAGENDA
Action: Fred Braun moved to approve the agenda
Vote: Sharon Brower 2°a, vote unanimous
APYROVAL OF NIINUTES
Action: Fred Braun moved to approve Se~tember 25`b, 2006 minutes
Vote: Ray Ortiz 2°a, vote unanimous
PERSONS SCHEDULED TO BE HEARD None
EXECUTIVE DIRECTOR'S REPORT- None
F7NANCIAL REPORT
Presented by Mya Renken
Discussion: Revenues are higher than expenses compared to this flme lase year. Year to
date last year we were $20,000 in debt compared to this year.
Question was asked: Have all the expenses and revenues been confirmed for the '06 art
show? (Mya said our Iast expense has come in, and we've received all the sponsarships)
Boasd expressed concern about hidden eosts that come up later bringing up the question
whether there is a regular close out period for the art show. Other items discussed
included Oilers Bingo and the gaming permit.
Action: Mya will have accounting report for the '06 art show available at the next board
meeting.
UNFINISHED BUISNESS
Board retreat ~
Discussion: Lydia Hays available after 2/09/07, what two days will the board be
available. Sasha asked when the Patrons' board would be appointed, befare or after the
retreat, and iT was suggested Lydia Hays should be involved in that decision.
Possible days for the reCreat: 02/15/07 or 02/19/07 Noon - 8:00 p.m. It was also agreed
that cominunity members, or past KCVB directors will not attend, but may be invited to
possible fo]low up retreat or future board meeting to present their ideas, prePeral~ly in
letter form.
Nomi~iativns f'rom tltie floor for KCVB Board o Directors
Discussion: The possibility of a Saturday Market board member representative was
discussed at length; whether or not there has Yo be a paid membership for the organization
to have a representative.
Action: Mya will send a quesCionnaire to Saturday Market Vendors
Vote: Unanimous
Discussion: Since Sasha wants to be on the Cultural Center Board, she won'C be rum7ing
for the KCVB board; Ron Malston may or may not run again, Sharon Brower wi11 run
again, Diana LofstedC will not be, Jacquie Steckel doesn't la~ow.
Nominations: Rred nominated 7ulie Wheeler, 7acquie will contact Julie Steinbeck, Marion
will contact Hal Smalley, Ray will contact Ron Rainey and Ross Fiarding, Sasha will
contact Bob MalIoy, Sasha was officially nominated.
A~enda It~ems for Joint Meeting with Chmnber Board ~~~~
Discussion:
- Open with re-cap of '06 and ouflook for '0'7 from both sides.
- List of shared issues/items, including joint sponsorships, joint events.
- Christmas Comes to Kenai needs Co be on the agenda. Ask~whether tl~ey want
help or involvement with their events.
- Resolutions about responsibilities and duties of each organization.
- Mya will bring informative packets to present to both boaz-ds.
- Planning for Old Town Kenai; updafing wallting tour map, the Weicome fo Old
Town arch.
NEW BUSINESS: No new business
Ray Ortiz excused at 7:00 p.m.
ART COMMITTEE REPORT:
DISCUSSION: Last meeting October 9th. Mary Krohl, Ray Ortiz, Celia Anderson, Bill
Heath, Marion Nelson, Natasha Ala, Mya Renken were in attendance.
Policy and procedures will be ironed out at the next meeting and presented to the Board
at the retreat. Top~es diseussed were: SOlc3 status, 7ohn Branson, Lake Clazk I-Iistorian
will be coming Tuesday 11-14-06, Scotf Carlee of the Alaska StaCe Museum may cQme to
speak on exhibits, museum repository issues. No date has been set for him Co be h~re.
The boats, storage & protection for the winter, maybe at the garage belonging to the
Kenai Native Association contact: Paul Segura. (Not possible, the boats cannot be
~ ~ moved) The skiff is going to be turned over, and a hole was put in zhe drift boat to drain
water. Incorporate the sldff into next summer's pre-statehood fishing exhibit. Museum's
Alaska statewrde conference will be in Homer next year, and Marion recommended a
Board member participate next year with paid staff. Pumyua will be here December 9`h
Action: Ma~~ion called nexY Arts Committee meeting November 6~~'.
EXECUTIVE DZRECTOR REPORT:
We received notification from IRS that the SOlc3 has been received.
John Branson, Lake C1ai-k: We had a discussiou wiCh him about Homer being the "new
gaYeway" and Yhat there isn't a total agreement within Lake Clark National Pazk about
this. This should be something fhe Chamber 8c KCVB works together with Lake Clark to
bring Che gateway back to Kenai. The Clarion recreation guide/KC VB partnership,
membership included in advertising. Captarn Cook's Journals: working on gettin~ an
appraisal on Che journals, to get a more accurate value.
EXL'CUTIVE SESSION.• None
NEXT SCHEDULED MEETING:
November 27~', ~006
BOARD COMMENTS: None
MEETING AJOURNED.•
Adjourned at ~:40 pm.
Minutes prepared by Cassandra Williams
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AGEN~A
`\\\~NA1 CITY COUNCIL - REGULAR MEETWG
c,~ DECEMBER 20, 2006
~ ~ 7:00 P.M.
KENAi CITY COUNCIL CHAMBERS
xexn~f Kn http://www.ci.kenai.ak.us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM E: PUBLIC HEARWGS (Testimony limited to 3 minutes per
speaker)
1. Ortlinance No. 2200-2006 -- Repealing the Existing Title 22 of the
Kenai Municipai Code and Replacing It With a New Title 22 Entitled,
"General Fund Lands."
(Clerk's Note: Ordinance No. 2200-2006 was substituted, amended
and postponed to December2Q 2006. The motion to adopt is active.)
1-a. Substitute Ordinance No. 2200-2006 -- Repealing the Existing
Title 22 of the Kenai Municipal Code and Replacing It With a
New Title 22 Entitied General Fund Lands.
2. Ordinance No. 2202-2006 -- Amending KMC 11.05.090 Entitled "Use
of Launch Ramp and Float," by Adding a Subsection Limiting the Use
of the City of Kenai Boat Launch, ~ocated at the Municipal Harbor, to
Vessels and Boats Powered by Four-Cycle or Direct Injection Two-
Cycle Engines.
(Clerk's Note: Ordinance No. 2202-2006 was substituted and
introduced at the December 6, 2006.)
2-a. Substitute Ortlinance No. 2202-2006 -- Amending KMC
11.05.090 to Limit the Use of the City of Kenai Boat Launch,
Located at the Municipal Harbor, to Vessels and Boats Powered
by Four-Cycie or Direct Injection Two-Cycie Engines.
3. Resolution No. 2006-67 -- Directing the Continuation of the Project
Entitied "McCollum-Aiiak-Japonski Assessment DistricY' and
Designating What Improvements are to be Included in this Project.
4. Resolution No. 2006-68-- Adopting the City of Kenai FY 2008 Capital
Improvements Plan (CIP) Priorities for the City of Kenai.
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
1. Biiis to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. 'Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled,
"Telephonic Participation" ro Emphasize Responsibiiities of the Council
Member(s) Requesting Telephonic Participation of a Council Meeting.
4. Approval -- Commission/Committee Term Renewals
EXECUTIVE SESSION -- None scheduled.
ITEM N: ADJOURNMENT
The public is invited to attend and participate. Additional information is
availabie through the City Cierk's office at 210 Fidalgo Avenue, or visit our
website at http://www.ci.kenai.ak.us.
Carol L Freas, City Cierk D346/211