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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
DECEMBER 6, 2006
7:00 P.M.
KENAI CITY COUNC%L CHAMBERS
http: / /www.ci.kenai.ak. us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*j are considered to be routine and non-
controversial by the councii 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: SCIiEDULED PUBLIC COMMENTS (10 minutes)
l. Bill Coghill, Mikunda-Cottrell & Co. -- City of Kenai Audit Repart.
2. Council Member Barry Eldridge -- Greelings from Buenos Aires,
Argentina Council.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
YTEM E: PUBLIC HEARINGS
1. Ordinance No. 2198-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professional Services.
(Cterk's Note: A motton to postpone Ordinance No. 2198-2006 to Decemt~er
6, 2006 was passed at the Nouember 21, 2006 councit meeting. The
motion to adopt is active.)
2. Ordinance 1Vo. 2201-2006 -- Increasing 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. *Applicatson for Lsquor License -- Matson Winery & Supply/Winery
ITEM F: MINUTES
*Regular Meeting of November 21, 2006.
ITEM G:
ITEM H:
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
Ordinance No. 2202-2006 - Limiting the Use of the City of Kenai Boat
I,aunch, Located at the Municipal Harbor, to Vessels and Boats Powered
by Four-Cycle or Direct Injection'I~vo-Cycle Engines.
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 Tract 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; Location: City of Kenai.
5. Approval -- Assignment of Lease/Consent to Assignment -- From Corey,
Inc., d/b/a Upper Deck and Jody Donaghe, Individually, to Rosin
Investments, Inc. and Scott Rosin, Individually.
6. Approval -- Health Insurance Plan Amendments.
7. Discussion -- Combining Coinrnission/Cornrnittees.
(C1erk's Note: This item was postponed at the 11 /21 /06 meeting to
December 6, 2006.)
Discussion -- Review/Council Meeting Telephonic Participation
ITEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Conunission
3. Harbor Coirunission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Conunission
7. Miscellaneous Comuiissions and Coinmittees
a. Beautification Coininittee
b. Alaska Municipal League Report
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMINISTRAT%ON REPORTS
1. City Manager
2. Attorney
3. City Clerk
YTEM L:
l. Citizens (five minutes)
2. Council
EXECUTYVE SESSION -- None Scheduled
ITEM M: ADJOURNMENT
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DECEMBER 6, 2006
REGULAR COUNCIL MEETING
Requests for amendanents to the agenda:
BY:
ADD TO: E-1, Reffesence: Ordinance No. 2195-2006,
Memorandum from Airport Manager Cronkhite related
To the Airport Operating Agreement Negotiation Contract AIRPORT MANAGER
ADD TO: E-3, Resolution No. 2006-66 -- Email correspondence
from Bill Bancroft and Ron & Elaine Rainey noting
their preferences of assessment options.
REMOV~ FROM
THE CONSENT
AGENDA: F-1, Minutes of November 21, 2006 Council Meeting
(correction/repiacement to be made, Page 14 of 11/21/06
Council Meeting minutes). CYTY CLERK
ADD AS: H-3a, Substitute Ordinance No. 2202-2006 - Amending
KMC ll.05.090 Entitled, "Use of Launch Ramp and Fioat,"
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'Ituo-Cycle Engines. CITY MANAGER
ADD TO: H-3a, Explanation of differences/two-cycle v. four-cycle
internal combustion engines. CITY MANAGER
ADD TO: H-8, Discussion/Telephonic Participation -- Comments
submitted by CouncIl Member Boyle. CITY CLERK
AT3D AS: Information Item No. 9-- 12/4/06 KK letter related to
Kalifornsky Beach Road Rehabilitation Project #57803. CITY MANAGER
CONSENT L~GENDA
None
MAYOR'S REPORT
+
H. C. D.
28 DE NOVIENBRE
Provincia de Snta Cruz
Presidencia "28 de Noviembre", 09 de Noviembre de 2006
To the Mayor
Patricia Porter
City of Kenai
210 Fidalgo Avenue
Kenai, Alaslta 99611
USA
Distinguished Mayor,
It gives me great pleasure to address you and I express my appreciation to Mr. Barry
Eldridge who visited these latitudes of the southern cone of America.
It is an honor for me to share how similar oar beautiful landscapes are and how much
there is in common between the town that you are leading farward and mine.
1 wish to express how anxious I am to establish bonds of friendship and brotherhood
with you understanding this to be simply a friendly exehange of ideas and possibilities
emphasizing our similarities while being aware of the di£ferences due to the cultural roots
of Argentina, Santa Cruz and Alaska.
I must share wifh you Yhat there exists here communiUes with deep cultural roots
dedicated to maintaining the most profound traditions of the Argentine soul.
There also exists organizations and institutions who labor as advocates for the
activities in our region very similar to those in your land. For instance the care of the
environment, activiries related to fighting forest fires, as well as flie search for the
answers to the spiritual questions that so fi11 man who inhabits our planet.
Questions concerning tourism deserve a separate chapter. We are very interested in
letting people know about us and what it is we do. We are a mining town and today there
exist structures that show the work being done in the coal mines; other aerivities are
canoeing, kayaking as well as visiting and experiencing the pristine virgin forests of
Nothofagos Pupilos(Langas) and Nothofagos Antartiea(Nire) whieh surround us and give
a very special color and quality to the place where we live.
One can appreciate the culture of the "homesteader", the people who have come from
all over the counhy and proudly maintain their regional traditions alive through cultural
events with particular emphasis on artistic interchange.
We are a few kilometers from Glacier National Park, location of "Perito Moreno
Glacier" whose behavior is unlike calving glaciers and was recently designated by the
United Nations as a World Heritage Site.
I have expressed all the above in hopes that it will open possibilities in the near future
and means could be administered so that there can exist between your town and mine a
cultural and legislaYive interchange; in which we can visit your land and you ours Yhereby
enhancing at high leveis the bonds of our sister cultures from one end of America to the
other.
I want to thank you for your considerations and I make myself available to you
(whatever you decide). Again reminding you that the doors to our town are open to you.
Now I respectfully bid you farewell.
Signed/ Horacio Paex
Honorabl Concejo Deliberante
Municipalidad 28 de Noviembre
Translaced by Marta Eldridge and Leonor Fraser with ttie unAerstanding that this letter is written in a romance language which does
nof transla[e well iuto English. The trenslation does not do ihe lettecjustice as some of the spiriE of the Ietter and phraseology ace just
not edxpt~able to Englisl~.
-I
Suggested by: Adminiscration
CITY OF KENAI
ORDINANCE NO. 2198-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN THE AIRPORT FUND
FOR PROFESSIONAL SERVICES.
WHEREAS, it is in the best interest of the City of Kenai to obtain consulting services to
develop on airline operating agreement; and,
WHEREAS, these professional services are estimated to cost $15,000; and,
WHEREAS, funds are available in the fund balance of the Airport Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
Airport Fund
Increase Estimated Revenues:
Appropriation of Fund Balance S 15 000
Increase Appropriations:
Ternunal - Professional Services $7,500
Airfield - Professional Services '7.500
S 15, 000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sueth day of
December, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. h~-eas, City Clerk
Approved by Finance:~__
(10/25/2006) hi
Introduced: November Ol, 2006
Adopted: November 21, 2006
Postponed to: December 6, 2006
Effective: November 21. 2006
"Servi,vi.~t3~iCv~cct~x Kes~.av ~ev~i,v~c.+.la:'
~
^_~ 305 N. WILL6W ST. SU17E 200 I~IAI, A~ASKA 99617
TELEPFIONE 907 2837951
Municipal Airpowt FAX 907-2833737
~ .
To: Rick R. Koch, City Manager
From: Rebecca Cronkhite - Airport Manager~(,',
Date: October 25, 2006
Subject: Airline Operating Agreement
HISTORY: The Suppiementai Planning Assessment recommended the City negotiate an
Airline Operating Agreement and Terminal Building Lease with the Airlines. During work
sessions, it was pointed out that the first operating agreement negotiation is crucial and requires
expertise in the field. There seemed to be a concurrence on this point from Council,
Administration and Commission. We have been able to use the FAA funded Supplemental
Planning Assessment to conduct most of the background work for this negotiation, however the
actual negotiation is not grant fundable.
RECOMMENDATION: I have requested a proposal from Steve Horton to lead the negotiation
team. City administrative staff would participate in the negotiations with the intent that the City
might then choose to conduct future negotiations independent of a consultant. Mr. Horton's
proposal is attached. It is my recommendation that the City approve funds in the amount of
$15,000 for this project and proceed with negotiations. Leases with both carriers operating at
Kenai have expired and are currently on a month to month basis. The airlines have agreed to
extend on a month to month basis pending completion of an airiine operating agreement.
www.ci.kenai.ak.us.
October 26, 2006
Ms. Rebecca Cronkhite
Airport Manager
Kenai Municipal AirporC
305 N. Wi11ow, suite 200
Kenai, Alaska 99611
Dear Ms. Cronkhite:
Thank you for the opportunity Co propose our services Co the Kenai Municipal Airport to assist
in negotiating an Airline Operating Agreement and Terminal Building Lease with airlines that
currenfly provide comrnercial passenger service to Kenai. This letter presents the objectives,
approach, time frame and fee basis that we propose for conducting this project.
Objectives
The objective of this project is Co negotiate a new airline agreement to be drafCed as parC of the
project we have proposed to implement recommendations of the Suppiemental Planning
Assessment Terminal Lease Analysis. Our general philosophy for assisYing in the negotiation
of airline agreements is to focus on achieving an agreement that reflects current industry
practices while strengthening flie Airport's capability to recover iYS costs of operations and
~ capital in the future. This philosophy ineludes ensuring that City ordinances, federal
regulations and other legal requirements are met. It also includes an objective of establishing
reasonable rates and charges that resulY in Airport finances that are as self-suffieient as possible
while recognizing Che economic difficulties that the airline industry currently faces.
Apnroach
Our approach for conducting fhis project includes fhe Pollowin~ sceps:
•• Meet with Airpor~/City management to discuss the City's objectives for negotiating new
airline agreements and to identify key agreement issues and concerns.
•• Establish and define pareicipant roles Por an airline negotiations commiftee including
management, fmancial and legal representation.
•• Review and discuss key background issues with the airline negotiations commit~ee thaC
include:
•••• Upda[ed airline rate calculations based on the structure developed in the St~pplemental
Planning Assessment RaYes and Charges Seudy
•••• Regulatory requirements and constraints for airline rates and charges
1-
•••• Key provisions of the draft airline agreement
•••• Recent airline market conditions in Kenai
•••• Local political, media and community support environmenY
•••• Airport's past and present relationship with the airlines, their presumed attitude abouY
rate adjustments and their probable negotiating postrare based on previous experience
with airline representatives.
°• Develop negotiation strategy
•~•• Goals - short and long term
•••• Term of the lease
•••• OperaCional issues
•••• Minimum acceptable outcomes and potential contract concessions
•••• Potential opposing issues and concerns of the airlines and the Aiiport's response to
these concerns
•••• Communications with the Ioca1 media
•••• Agreement versus ordinance/resolution.
•• Distribute the proposed agreement draft with rate calculation schedules Co the airlines and
confirm the first negotiaCion meeting date in Kenai.
•• Conduct the inirial negotiation meeting:
•••• Review and discuss fhe proposed rate structure
•••• Review and discuss provisions of the proposed agreement draft
•••• Address airline comments and concerns.
•• Prepare analyses in response to airline concerns, alternative rate sCructure proposals and
altemate contract terms proposals.
•• Conduct additional negotiation meetings as required.
•• Finalize and issue the contract documenC and rate calculations.
Time Frame
The time frame for conducting the negotiaCion process is difficult to estimate because of the
airlines' availability and their own agenda for complering the negotiation. The negotiarion
meetings could take several months to conclude. Inirially, we anticipate two to three trips to
Kenai Co review the draft agreement and preliminary rate calculations and discuss any concerns
the airlines may raise. The actual time span and number of trips required will depend on any
diff'iculties encountered and on the manner in which the airlines conduct the negotiation.
2-
Fee Basis
We cannot provide a fee quote for this project because oP the uncertain time frame required for
conducting the negoYiaCion process, considering alternative contract provisions and revising the
agreement. Consequently, our fees for these services will be on a time-and-materiais basis
charged at our standazd hourly rate of $213/hour for principals on our staff. We have
completed other airline negotiations in as Iictle as 40 hours while others have taken much
longer. Any out-of-pocket expenses for the negotiation project will be charged as actually
incurred.
We appreciate the opportuniey to assist the you with this project. Should you have any
questions or need additionai clarificaCion of any eleinent of our approach, please contact us to
discuss them further.
Very tru1y,
Stephen B. Horton
3-
~
-
I
"Se~vi,t~.~i~iGv~ K.P•vi.rxL ~en~u~~,r~.la%'
30.5 N. WBLLOW ST. SU97'E 2(p t~NAI, ALASKA 59611
~ 7ELEPHONE907-2837951
FAX 907-2833737
~ ~o
To: Rick R. Koch, City Manager ~~
_.,r`~
Thru: Larry Semmens, Finance Director ~~~-~~
i
From: Rebecca Cronkhite - Airport Manage~'
Date: November 30, 2006
Subject: Airport Operating Agreement Negotiation Contract
In response to Council questions concerning the proposed funding for Liebowitz & Horton
Financial Consulting to assist the City of Kenai in negotiating Airline Operating Agreements:
~ The City procurement rules do not require a bid process for contracts under $25,000.
~ The proposed contract is an extension of an ongoing project where the consultant was
awarded a contract under the FAA and City guidelines.
~} The consultant is drafting the new operating agreement and completing the financial
analysis under the existing FAA funded contract and is the most knowledgeable person
available to assist the City in these contract negotiations.
~ There is not a set price in the proposal; professionai services contracts detail costs and
anticipated hours. None of the existing professionai services agreements that the City
has in place are on a set bid price.
~ The City is in controi of the contract hours. City staff will participate in negotiations as a
learning process and the City Manager is at liberty to cancei the consultanYs
participation at any time.
~ The process is developed to not only negotiate an operating agreement in the best
interest of the City but also to educate City personnel on the process so that future
contracts can be updated by City staff. It is anticipated that the Airport Manager, City
Manager, Finance Director and City Attorney wiil all participate and learn from the
process.
~ The contract will contain language that the amount wili not exceed $15,000.
www.ci.kenai.ak.us.
Municipal Airport
a.
Suggested by: Administration
CITY OF KENAI
ORDYNANCE NO. 2201-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASdNG ESTIMATED REVENUES AND APPROPRIATIONS BY $638 IN THE
GENERAL FUND FOR A GRANT FROM THE RASMUSON FOUNDATION ARTS
AND CULTURE PROGRAMS.
WHEREAS, the Kenai Convention and Visitors Bureau was selected as host to
exhibit the All Alaska Juried Statewide Art Show in the central Kenai Peninsula
region; and,
WHEREAS, the Kenai Convention and Visitors Bureau, on behalf of the City of
Kenai, applied for a Harper Arts Touring Fund Grant from the Rasmuson
Foundation Art and Culture Programs to subsidize the freight expenses
associated with mounting this e~ibit; and,
WHEREAS, the grant was approved; and,
WHEREAS, it is in the best interest of the City of Kenai to accept the grant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estiinated Revenues:
Donations $638
Increase Appropriations:
Visitors Center - Miscellaneous $638
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this siYth day of
December 2006.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(ii/16/06)hl
PAT PORTER, MAYOR
Introduced: November 21, 2006
Adopted: December 6, 2006
Effective: December 6, 2006
!
CITY OF KENAI
RESOLUTYON NO. 2006-66
Suggested by: Couilcil
A RESOLUTION OP THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING TH~
CONTINUATION OF THE PROJECT ENTITLED "ANGLER DRIVE ASSESSMENT
DISTRICT" AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN
THIS PROJECT.
WHEREAS, the Council directs the City Administration to continue with this project;
and,
WHEREAS, the following is a list of major improvements that are scheduled to be
completed under this project:
1. Preparation of existing surfaces;
2. Drainage improvements (as needed);
3. Reconstruction of ditches/replacement of culverts (as neededl;
4. Crushed aggregate base course and asphalt paving; and,
WHEREAS, the Council finds the improvements are necessary and of benefit to the
properties to be assessed; and,
WHEREAS, the local improvement district costs will be allocated on a methodology
recognizing equally, the property's square footage, the property's Kenai Peninsula
borough assessed value, and the number of properties included in the iocal
improvement district. For purposes of calculating square footage, the un-subdivided
properties and Tract 3, Anglers Acres Subdivision, L.owe Addition, the properties' depth
are limited to 150 feet; and,
WHEREAS, a petition was submitted to the city that was signed by the owners of fifty
percent (50%J or more of the properties which will be benefited by the proposed
improvements; and,
WHEREAS, an account will be kept of all costs of the improvements and that after ali
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 fiity
percent (50%) of the total completed improvements will be assessed to the benefited
property owners; and,
WHEREAS, this resolution will be mailed to each property owner adjacent to the
streets designated for improvements; and,
WHEREAS, the property owner's name and address used will be that which is on
record at the Kenai Peninsula Borough on this date, December 6, 2006.
RESOLUTION NO. 2006-66
PAGE 2
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City will continue with the project entitled "Angler Drive Special
Assessment District" and the improvements listed above.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
December, 2Q06.
PAT PORTER, MAYOR
ATTEST.
Carol L. Freas, City Clerk
clf
Approved by Finance:~
Page 1 of T
Caroi Freas
From: Paul Mansur [pmansur@gorge.net]
Sent: Monday, November 27, 2006 4:45 PM
Ta Caroi Freas
Cc: rick pert; Jeff Mansur; Dan Barrett; Bill Barrett; Alan Ryan
Subject: Angler D~ive proposed paving
Carol,
We are opposed to the project plan as it exists. The proposed assessments of from $3500 to ~5500 for our lot
are way too expensive. Also, we believe the Borough should pay for it 100%; thaYS why we pay property taxes
and Borough taxes. I was a Forest Service Manager on several Districts where I was in charge of maintaining
hundreds of miles of Forest Service roads. We found when we paved existing gravel roads that had been in place
for a number of years and had a good base course that it could be done very inexpensively. The savings we
realized in reduced grading costs over a ten year span wouid almost pay for the paving job. We believe this
proposal is another case of over engineering a project. It would be great but iYs too expensive.
Aithough two years ago we expressed an interest in getting the road paved we had no idea it would be this costly.
We think you should go back to the drawing board with this project.
Thanks for giving us an opportunity to give you our feedback.
Paul Mansur
Dan Barrett
ll12712006
j ~\
~~~-^.
~/
"V lla9e witl~ a Past, Gc°f,y witti a Fut~re"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 ~'~f ~'
7992
~~ ttie"~°fii MEMORANDUM
KENA~ SKA
TO: Rick Koch, City Manager
FROM: Keith Kornelis, Public Works Manager ~
~.__-
DATE: November 29. 2006
SUBJECT: Angler Drive LID - 2006
Attached is Wm. J. Nelson & Associates proposal for engineering services on
Angler Drive Paving LID - 2006. His not-to-exceed fee of $48,410 is under our
estimated buget. The funds are available in the City account FY06 StreeUSewer
Construction (753-450-8098).
A purchase order has been prepared for Council approval on December 6, 2006,
after the public hearing and approval of Council resolution directing the City
administration to continue with this project.
;
Proposal to Provide Engineering Services
Angler Drive Paving LID 2006
CITY OF KENAI, ALASKA
~....~,.~__
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R ~ ..__. ,
~lOV 2 9 2006 ;
~_ _ , ._~,
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iVl
Submitted By:
Wm. 7. Nelson & Associates
155 Bidarka Street
Kenai, Alaska 99611
November 29, 2006
~~E J~ I~ei~ ~ ~ ~ ~
CONSULTING ENGINEERS
155 BIDARKA STREET
(907)283-3583
November 29, 2006
Keith Kornelis, Public Works Manager
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
STRUCTURAL CIVIL ENVIRONMENTAL
KENAI, ALASKA 99611 ~
FAX (907) 283-4514
Re: Angler Drive Paving LID 2006 -Design and Inspection Proposal
Dear Mr. Kornelis,
My proposal for the Angler Drive LID is attached.
I will be the Principal in charge of this project. I will provide project review and design input.
Blake Lazson, PE will be the design engineer. I propose to use Whitford Surveying to provide
tbe design survey. I assume that the road prism consists of all non frost susceptible soils and as a
result no geotechnical investigation is planned for this project This project will include `strip
paving' only and no excavation of the road prism is planned.
All design work will be performed in my office, located at 155 Bidazka Street, Kenai. We will
begin surveying promptly upon receipt of Notice To Proceed.
I cunently carry $1,000,000 professional liability insurance.
I propose to provide the design and construction inspection for this project for a Not-to Exceed
fee of $48,410. An estimated fee breakdown is attached for your review.
Sincerely,
~~,i~
~~%~~/ ~~--
Wm. J. Nelson, PE
CONTENTS
PROJECT MAI~TAGEMENT
Narrative
SCOPE
WORK PLAN
QUALIFICATIONS
Specialized Experience Relevant to This Project
Partial Project List - Similar Projects
COST PROPOSAL
Project Budget for LID Paving Improvements
Fee Schedule for Additional Services
PROJEC'T MANAGEMENT
Wm. J. Nelson, PE wi11 be the principal responsible for the completion of the design and
inspection services. Mr. Nelson wili be Yhe contact for fhe City and will be in attendance at the
public hearings, utility meetings, etc. Mr. Nelson will also coordinate and supervise the work
of others on the project. Mr. Nelson will provide in-house design review and supervision of the
work as it progresses.
The field surveying will be provide by Whitford Surveying.
Blake Larson wiil be the design engineer for the projecf.
SCOPE
The project Scope includes the provision of Engineering, Design Surveying, and
Construction Inspection services for paving improvements to for the Angler Drive Paving
LID. These street are currently maintained by the City of Kenai and were built to City
standards and it is assumed that the road prism consists of all non frost susceptible gravel and
sand. As a result, only minimal excavation in the road prism will be required for this paving
project. Excavation will be limited to shaping and grading the road surface in preparation for
paving. It is assumed that no profile changes, or subgrade excavation will be required except for
minor reshaping of the surface material as may be needed to establish a road crown.
Existing drainage patterns wili be mainCained and drainage will be directed to existing ditches
along the road. Existing driveway culverts and cross culverts will be left in place, unless they
are found to be ineffective, in which case they will be evaluated and replaced on a case by case
basis.
WORK PLAN
TASK 1: Field Survey
* Secure copy ofplat to determine right of way for proposed improvements.
* Recover property corner monuments as required to establish survey control.
* Record road centerline profile, shoulders, ditchline, location of existing driveways,
intersections. Topo street and ditches.
* Locate power poles, telephone pedestals, signed only, underground utilities will not be
located.
TASK 2: Preliminary Design
* Prepare plan base maps 1" = 40', show right of way.
* Plot utility locations per field survey.
* Show existing and proposed centerline profile.
* Design paving cross section utilizing Kenai Standard Improvement Drawings.
* Make driveway approach schedule.
* Design drainage improvements; ditching.
* Determine final bid items, quantities.
* Prepare details for speciai construction at drivewayslintersections.
* Submit (1} copy of preliminary plans for review at 95% complete.
* Attend one public hearing regarding the project.
TASK 3: Final Design
* Incorporate City review commenYs into plans.
* Prepare bid ready plans, specifications for final submittal.
TASK 4: Bidding
* Prepaze quantity information for advertisement for bids.
* Conduct pre-b3d conference.
* Prepare addenda as necessary.
* Tabulate bids, evaluate and make written recommendation
for award.
TASK 5: Construction Inspection
* Act as the City's representative to monitor compliance with plans, specifications and
design intent.
* Conduct pre-construction meeting with contractor, review submissions regarding schedule,
subcontractors, bonding, insurance, issue NTP.
* Provide construction observation as required to assure compliance with contract plans
and specifications.
* Determine actual quantities of bid items insYalled as required for determining payment to
Contractor.
* Log daily activities, provide daily field report.
* Direct changes consistent with design but made necessary due to field conditions which
do not affect project schedule or budget.
* Prepaze necessary change orders with justification, cost backup and ciassify as to
change in scope, changed conditions or enor/omission by the consultant.
* Certify substantial complefion and prepare punch list.
* Certify final acceptance,
SPECIALIZED EXPERIENCE
All of these projects included design survey to locate existing structures and driveways irrorder
to adjust street grades to minimize impact on access to existing buildings highly developed
areas. Design also included field verification and plotting of locations of existing utilities and
design to minimize conflicts.
City of Kenai-Basin View Subdivision
Street reconstmction, paving improvements
City of Kenai-Main Street/Mission Avenue 2000
Street reconstruction, paving and storm drain improvements
City of Soldotna 1995 Street Improvements
7500 lineal feet of municipal road improvements. Work included reconstruction of
gravel street, paving, storm drain, curb and gutters. Design included innovative storm
water outfall sysCem.
City of Homer 1995 Accelerated Roads Project
3400 lineal feet of gravel road reconshuction and paving. Design included excavation of unsuitable soils
within siructural section and design of geogrid subgrade reinforcement.
City of Kenai-Setnet Drive/Setnet Court Paving
35001ineal feet of municipal street improvements. Project included excavation,
embankment required to widen existing road section, paving, ditch improvement, design
and ADEC approval of drainage infiltraYion stmcture.
City of Kenai-Oldtown Street Improvements
18001ineal feet of municipal street improvements. Project included excavation,
embankment required to widen existing road section, paving, curb and gutter,
sidewalks and intersection illumination.
I~i~~ .~~ ~~l~ ~ A~~~ ~
CONSUITING ENGINEERS
155 BIDARKA STREET
(907)283-3583
STRUCTURAL CNIL ENVIRONMENTA~
KENAI, ALASKA 99611
FAX (907) 283-4514
Fee Schedule
Engineering/Inspection Peesonnel
Registered CiviUStructural Engineer
Civii Engineer, PE
Staff Engineer, EIT
AutoCad Technician
Inspector
Cierical
Regular Yime
135.00 per hr.
95.00 per hr
80.00 per hr
65.00 per hr
75.00 per hr
40.00 per hr
Direct Project Expenses
Third Party Charges
Vehicle
Invoice Cost Plus 10%
.50 ! mile
8
0 8 0 0 0 $5,900
Tles~ CI $lfS~~fl
Project Admin S
Uulitv Locates
Public Hearing 4
Base Maps 24
Ticle SheeUIndex/Control 8 8
Plan and Profile (6 sheets) 6 48 48
DetaIls/Typical Sections 2 16 16
Specifica[ions 16
Bid Schedule/Cost Estimate 8
Printing/Sinding $500 Plans/Specs
16 100 0~~ 96 0 $500
~onetruetionAdmiyi/L~s ectiun $15,86~
Advertise For Bids N/A
Contractor's Questions 8
Pre-Bid Meeting/Addenda 2
Bid Analysis/Rewmmendation 4
CompacEion testing ~I,500 Subcontraee
Construction Admin 8 24 Vehicle mileage
Inspection 160 Vehiclemileage
Asbuilts ~ 8 Contr. Redlines
8 38 0 8 160 $1.500
W/
+I
-
Caroi Freas
From: wiliiambancroft [webcroftC~gci.net]
Sent: Monday, December 04, 2006 1:30 PM
To: Caroi Freas
Cc: Richard Ames
Subject: Angler Drive Proposed Assessment District Public Hearing
On behalf of other owners and myself (Parce14939033, aka ll 15 Angler Drive), we wish
to racord our agreement with the City recommendation that the fairest proposed
assessment is the one proposing 33.3% SF, 33.3% Per Lot, & 33.3% KPB Assessment;
however, if that is not the assessment favored by the authoritive Council, then we opt for
the least expensive assessment to us, to wit: Assessment Based on KPB Property
Assessment.
We certainly reiterate that we want that dusty, bumpy road paved. Thank you for your
consideration of this project.
Biii Bancroft
4327 James Drive
Anchorage,Alaska 99504
907-333-5006
12/4/2006
Page 1 of 1
Carol Freas
From: Eiaine Rainey (ElaineGeagie.ptialaska.netj
Sent: Tuesday, December 05, 2006 11:35 AM
To: Carol Freas
Subject: Angier Drive Proposed Assessment District
November 5, 2006
City of Kenai
Attn: Carol L. Freas, City Cierk
Re: Angler Drive Proposed Assessment District
Paving improvements
We submit:
We are in favor of the LID assessment being based on 33-1/3% on square footage, 33-!/3% an equal split among
the properties, and 33-1/3% KPB property tax assessment;
As being recommended by administration at the December 6, 2006 cou~cil meeting.
Thank you,
Property Owner:
Ron and Elaine Rainey
1405 Angier Drive
Parcel #4939013
ronaklo ~ att. net
i ~ i~ i~nn~
State of Alaska ~
Alcoholic Beverage Control Soard
~~~ ~tte of I~TOf~ce: November 29, 2006
Application Type: NEW X TRANSFER
Ownership
LocaCion
NameChange
Governing Body: City of ISenai
Communiry Councils: Nonc
Licensc #: 4t~t76
License Type: 1~inery
D.B.A.*: Matson Winery & Supply
LicenseelApplicant: Mat~son Winery Inc.
Physical Location: 6383 Kenai Spur Hwy
Mail Address: 6383 Kenai Spur Hwy
Telephone #: 907-283-3204 907-283-3207 Fax
ELN: 20-5360479
Corp/LLC Agent: Address Phone Date and State of Good standing?
Limited Partnershi
'? od Matsoi~ 6383 Kenai Spur 907-283- August 4, 2006 Yes
~ Hwy Kenai AK 6247
99611 Alaska
Please raote: the Member,r/Offieers/Directors/Shareholders (prineipals) listed below are the prineipal rreemGers.
T)iere may be additdonal nzenabers that we are not aware of because they are not prirnary rrce~ibers. We Izave
Zisted all vrincinal r~zembers and those who hold at least IO% shares.
Member/OPPicer/Director: DOB Address Phone ~ TitlelShares (%)
Rod Matson 1/29/63 43575 Eagle Lake Dr
Kenai AK 99611 907-283-6247 Pres1VP/SecCll~es '~,
100% '~~
If fransfer application, cun~ent license information
License #: N/A
Ctu'rent D.B.A.: tilFi
Current Licensee: N/A
Cturent Location: N/A
Additional comments: None.
'`~`Date of Birth
~ ~~ ~ Doing Business As
Cc: Kenai Peninsula Borough
WW GwmilryBOfy-New Ponwi
NOU-20-2006 MON 01;06 PM KENAI PENN BOROUGN CLERK FAX N0, 907 262 8615 P, 01/OT'
~ KENA1 P~NIN~ULA ~30ROL.JCE"~
1q~1, N. BINKLCY • SOLDOTNA, ALAS FAX (9a7) 262-8695
` "' DUSINESS (907) 714-216D
A.~
~ EMAIL: assemblyclerk@borouc~h.kenai.ak.us ~
`~•.
' ~^.....s~ `
SHERRY BIGC,S, CMC
BOROUGH CLERK
November 20, 2006
Ms. Dawn ~Iolland~Wiiliuns
Records & Licensin~ Supervisor
Alcoholic Severage Control Boatd
5848 E. Tudor Road
Ancl~orage, AK 99507-1286
Re: Application for New T,i~uox Licence ~4676
Deaz Ms. 'Williaiivs:
Please be advised that the Kenai Peninsula Borou~hh~s no objection to the approval of the following
app.licatioii for a liquor liceuse of this astablislunent located in tl~e City oPlCeaai:
Winer
Matson Winery & Supply
The Kenai PeninsulaBorough .Finance Deparimeni has reviewed its files and has raised no obj ecSion
based on unpaid or delinquent taxes.
Sincerely,
~'i~~ ,,
Sherry Siggs, C
Borough Clerk
~~~~~
cc: Applicaut
City ofxCenai
I{PB Finance Department
Fi1e
NOV-Z9-Z006 WEU 09~b0 RM KENR1 NENN dOKODUH CLEkK
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FAX NU, yUl 26Z 8b1b I'. U1/U1
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r ,
°~„ New Liquor License
a,~a •
lhein(otmaliondepddedhe~eo Land Use within 500 ~eet
is4ot q ptapNcel repraeenlallol
onty af peet availahio so~~ces.
. Tno Kenei petllnBUla Barough N
`~.. assumcs no respopsiblllry
:~ foranyorroison[hiamop.
W E
11/3/OB ~1 150 300 800 Feet
S I ~ ~ i, I
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Land Use
~~I VACANT
~ _I RESIDHN7IAL
COMMERCIAI.
' ~ .°~~~i~p;^
~ ~,~, ,~ „!: INSTITUTIONAL
,~, u,, INpUSTRIAI~
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(:~ Acc~ssoRY Bui~D~n~~
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aGENnA
KENAI CITY COUNCIL - REGULAR MEETING
NOVEMBER 21, 2006
7:00 P.M.
KENAI C%TY COUNCIL CIIAMBERS
ht~: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
l. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. ConsentAgenda
*All items listed with an asterisk (*j 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: SCIiEDULED PUBLIC COMMENTS (10 ininutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
Ordinance No. 2191-2006 - Increasing Estimated Revenues and
Appropriations by $150,000 in the General Fund for Payment to the
Public Employee Retirement System.
(Cierk's Note: Ordinance No. 2191-2006 was posfponed from the October 4, 2006
councii meeting. The motion to adopt the ordinance is actiueJ
Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting
Mobile Home Standards for Mobile Home Parks Within the City of Kenai.
a. Substitute Ordinance No. 2196-2006 -- Amending KMC
14.20.240(cJ by Adopting Mobile Home Standards for Mobile Home
Parks Within the City of Kenai.
(Clerk's Note: Ordinance No. 2196-2006 was postponedfroin the Nouember 1,
2006 council meeting. The motion to adopt the ordinance is actiue.)
3. Ordinance No. 219?-2006 -- Amending KMC 3.20.020 and KMC
3.05.100 to Provide Dog Licenses are Effective for Three Years and
__ Setting the License Fees.
a. Substitute Ordanance No. 219'7-2006 -- Amending KMC
3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective
for Three Years and Setting the License Fees.
4. Ordinance No. 2198-2006 - Increasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professional Services.
5. Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai
Municipal Code and Replacing it With a New'f7tle 22 Entitled, "General
Fund Lands."
a. Substitute Ordinance No. 2200-2006 -- Repealing the Existing
1Yfle 22 of the Kenai Municipal Code and Replacing it With a New
Title 22 Entitled, "General Flznd Lands."
6. Resolution No. 2006-61 - Setting the Public Hearing Date on the
Proposed McColium-Aliak-Japonski Paving District.
7. Resolution No. 2006-62 -- Authorizing the Amendment of the City of
Kenai, Alaska and PuUlic Employees' Retirement System (PERS)
Participation Agreement to Exclude All Elected Officials, Effective
November 21, 2006.
8. Resolution No. 2006-63 -- Awarding the Bid to Spacesaver Northwest
for Kenai Police Departrnent Lockers - 2006 for the Total Amount of
$35,204.
9. Resolution No. 2006-64 -- Supporting Efforts to Lower the Total
Aromatic Hydrocarbon (TAH) Levels in the Lower Kenai River, and
Opposing the Categorization of the Lower Kenai River as an Impaired
Waterbody.
10. Resolution No. 2006-65 -- A Resolution of the Council of the City of
Kenai, Alaska, Transferring $15,533 in the Airport Terminal Modification
Capital Project Fund for Additional Engineering Services.
ITEM F: MINUTES
*Regular Meeting of November 1, 2006.
ITEM G:
YTEM H:
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000 -- None
3. *Ordinance Number 2201-2006 -- An Ordinance of the Council of the
City of Kenai, Alaska inereasing estimated revenues and appropriations
by $638 in the General Fund for a grant from the Rasmuson Foundation
Arts and Culture Programs.
4. Approval -- Assignment of Lease -- Lots 7& 8, Block l, FBO
Subdivision.
a. Assignment of Lease and Consent to Assignrnent/Blue Mountain
Ventures, Inc. to Loroc, LLC.
b. Amendment to Lease/Updating Insurance Requirements and Next
Lease Renegotiation.
5. Discussion -- Combining Coinmission/Coinmittees.
ITEM I: COMMISSION/COMMITTEE REPORTS
l. Council on Aging
2. Airport Coriuiussion
3. Harbor Coiiunission
4. Library Commission
5. Parks & Recreation Comnvssion
6. Planning & Zoning Coinini.ssion
7. Miscellaneous Commissions and Comrnittees
a. Beautification Cominittee
b. Alaska Municipal League Report
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMIPtISTRATION REPORTS
l. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- None Scheduled
ITEM M:
KENAI CITY COUNCYL - REGULAR NiEETING
NOVEMBER 21, 2006
a:oo P.r~a.
KENAI CITY COUNCIL CHAMBERS
http: //www.ci.kenai.ak.us
MAYOR PAT PORTER, PRE3YDING
M%NUTES
YTEM 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 AlIegiance.
A-2.
ROLL CALL
The City Clerk took roll. Present were:
Rick Ross Robert Mollo Mike Bo le (tele honicall )
Pat Porter, Ma or Joe Moore, Vice Ma or Linda Swarner
Barry Eldrid~e
A quorum was present.
Also present: Adam DeMello, Student Representative
A-3. AGENDA APPROVAL
Mayor Porter requested the Following amendments to the agenda:
ADD TO: E-9a, Substitute Resolution No. 2006-64 - Supporting Efforts to
Lower the Total Aromatic Hydrocarbon (TAH) Levels in the I.ower Kenai River.
ADD TO: E-9b, Substitute Resolution No. 2006-64 -- Supporting Efforts to
Lower the Total Aromatic Hydrocarbon (TAH) Levels in the Lower Kenai River.
MOTION:
Council Member Molloy MOVED for approval of the agenda with the additions of the
requests for amendments to the agenda outlined. Council Member Eldridge
SECONDED the motion.
VOTE:
*Student Representative DeMello: Yes
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 2
Ross Yes Molioy Yes Boyle Yes
( Porter ~ Yes ~ Moore ~ Yes ( Swarner ( Yes
( Eldrid~e ~ Yes ~ ~ ~ ~
MOTION PASSED UNAIVIMOUSLY.
A-4. CONSENT AGENDA
MOTION:
Council Member Moore MOVED to approve the consent agenda and requested
UNADtIMOUS CONSENT. Council Member Molloy SECONDED the motion. There
were no objections. SO ORDERED.
Mayor Porter presented Alaska Municipal League's Vic Fischer Local Government
Leadership Award to the City of Kenai's Finance Director Larry Semmens , noting the
award is presented to those individuals showing a significant statewide contribution to
improving local government and communities in Alaska.
ITEM B: SCHEDULED PUBLIC COMMENTS -- None
ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
E-1. Ordinance No. 2191-2006 -- Increasing Estimated Revenues and
Appropriations by $150,000 in the General Fund for Payment to the Public Employee
Retirement System.
(Cterk's Note: Ordinance No. 2191-2006 was postponed from the October 4, 2006
council meeting. The motion to adopt the ordinance is active.)
There were no public comments.
Finance Director Semmens gave an overview of the State/PERS concerns, i.e. au
unfunded liability to the City due to accounting irregularities in the State's accounting
for cash inflows and outflows for each member employer and using an inappropriate
allocation method which resulting in unfunded liabilities that are inaccurate.
City Manager Koch requested the item be tabled indefinitely until direction is received
from the new Administration and Legislature indicating how they intend to handle the
PERS and TRS issue. At that time, the item would be brought back before Council.
A general discussion followed.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 3
NtOTION TO TABLE:
Council Member Ross MOVED to table Ordinance No. 2196-2006 and Council Member
Eldridge SECONDED the motion.
VOTE:
*Student Representative DeMello: Yes
Ross
Yes
Mollo
Yes --
Bo le _
Yes
Porter Yes Moore Yes Swarner Yes
Eldrid~e Yes I
MOTION PASSED UNANIMOUSLY.
E-2. Osdinance No. 2196-2006 - Amending KMC 14.20.240(cj by Adopting
Mobile Home Standards for Mobile Home Parks Within the City of Kenai.
E-2a. Substitute Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c)
by Adopting Mobile Home Standards for Mobile Home Parks Within the
City of Kenai.
(Clerk's Note: Ordinance No. 2196-2006 was postponed from the Nouember 1, 2006
council meeting. The motion to adopt the ordinance is active.)
MOTIOIV:
Council Member Molloy MOVED to adopt Substitute Ordinance No. 2196-2006 and
Council Member Eldridge SECONDED the motion.
Public comment included:
Geoff Graves, 5360 King Salmon Drive, Kenai -- Mr. Graves spoke in support of the
ordinance stating mobile homes should be held to the same standards as other homes
within the City.
Dorothy Wilhelm, owner of Anchos Trailer Pazk -- Ms. Wilhelm expressed her
concerns with the ordinance stating a trailer park is one of the lowest cost places low
income people can live in Kenai including housing for seniors. The esctra fees
associated with the ordinance would be difficuit for low income people to pay.
Frank Getty, 208 Candlelight Drive, Kenai -- Mr. Getty stated he has a mobile home
on his own lot and asked if the ordinance would apply to him. City Attorney Graves
responded by saying that private mobile homes on private lots were not considered a
mobile home park and would not be covered by the ordinance.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 4
Terry Meier, 5125 Silver 5almon Drive #36, Kena's -- Mr. Meier spoke in opposition
to the ordinance expressing concerns about codes related to decks, blocking, cooking
appliances, detectors; recommended having altemate routes through trailer parks for
safety; and, questioned enforcement of ordinance and the definition of dilapidated.
Sandy Lashbrook, owner of Iiighland Pride Tra3ler Pazk, 5125 Silver Salmon
Drive -- Ms. Lashbrook spoke in opposition to the ordinance stating the ordinance
was rushed and she felt the issue was not the codes, but the existing codes had not
been enforced. Ms. Lashbrook exceeded her three minute limit and was escorted from
the Chambers.
BREAK TAKEN: 7:35 P.M.
BACK TO ORDER: 7:40 P.M.
Curt Rogers, 5335 King Salmon Drive, Kenai - Mr. Rogers spoke in support of the
ordinance stating it was well written.
Jim Patton, 5125 Silver Salmon #11, Kenai - Mr. Patton stated he has lived in the
Highland 17ailer Park for 15 years and expressed safety concerns.
Deputy City Clerk Lockwood read into the record a letter from Roy Wright, trailer park
owner, P.O. Box 95, Kenai. In the letter, Mr. Wright outlined items for consideration
in relation to mobile home inspections. City Manager Koch stated almost everything
in Mr. WrighYs letter has been addressed in the substitute ordinance.
John Duncan, Anchor Trailer Court, 11823 Kenai Spur Highway #53, Kenai.
Stated he was in favor of this ordinance.
Comments from Council included:
• Landings are standard on all abodes.
• Allows for one arctic entry and one lean-to - something at each door.
• Waiver of fees for board of adjustment appeais and how that might apply
to this circumstance or a lesser fee; $100 fee is far less than house inspection fees;
and, paying over a period of time.
• Safety would be the primary concern.
MOTION TO AMEND:
Council Member Boyle MOVED to delete $100 and replace it with $50 and Council
Member Molloy SECONDED the motion.
VOTE:
*Student Representative DeMello: No
Ross No Molloy Yes Boyle Yes
KENAI CITY COUNCIL MEETING MPNUTES
NOVEMBER 21, 2006
PAGE 5
Porter No Moore No Swarner No
~ Eldridge Yes ( ~ ~ ~ i
MOTION FAILED.
MOTION TO AMEND:
Council Member Molloy MOVED to add a sentence to c-2 "the fee for the mobile home
build'u~g pernut may be paid in installments within 10 months of the issuance of the
pernut." Council Member Boyle SECONDED the motion.
VOTE:
*Student Representative DeMelio: Yes
Ross No Molloy Yes Boyle Yes '
Porter Yes Moore No Swamer Yes '
Eldrid~e ( Yes ~~ ~
MOTION PASSED.
VOTE ON SUBSTITUTE AS AMENDED:
*Student Representative DeMello: Yes
Ross Yes Molloy Yes Boyle Yes
Porter Yes Moore Yes Swarner Yes '
Eldridge Yes (
MOTION PASSED UNANIMOUSLY.
BREAK TAKEN: 8:03 P.M.
BACK TO ORDER: 8:08 P.M.
E-3. Ordinance No. 2197-2006 -- Amending KNIC 3.20.020 and KMC
3.05.100 to Provide Dog Licenses are Effective for Three Years and
Setting the License Fees.
E-3a. Substitute Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and
KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and
Setting the License Fees.
MOTION:
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 6
Council Member Molloy MOVED to adopt Substitute Ordinance No. 2197-2006 and
Council Member Eldridge SECONDED the motion.
Jim Butler, 1711 Kaknu Way, Kenai -- Mr. Butler spoke in favor of the Ordinance
and suggested increasing the fees in an effort to make residents more responsible for
their pets.
Discussion among Council members included the different types and amounts of
animal control fees and the request of Administration to postpone to allow time to
investigate adequacy of the fees.
MOTION TO AMEND:
Council MemUer Swarner MOVED to amend 3.05.100 for fees to increase the fee for a
kennel facility shall be $15 in the facility to a maYimum of $75. Council Member
Moore SECONDED the motion.
It was suggested the ordinance be postponed to allow for public notice of the
amendments made and the suggested fee increase and to allow kennel owners to be
aware of the issues.
MOTION TO POSTPONE:
Council Member Molloy MOVED to postpone Ordinance No. 2197-2006 until the
second meeting in January and Council Member Swarner SECONDED the motion.
VOTE ON POSTPONEMENT:
*Student Representative DeMello: Yes
Ross Yes Molloy Yes Boyle Yes
Porter Yes Moore Yes Swarner ~ Yes
Eldridge Yes
MOTION PASSED UNANIMOUSLY.
E-4. Ordinance No. 2198-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professional Services.
MOTION:
Council Member Molloy MOVED to adopt Ordinance No. 2198-2006 and Councii
Member Eldridge SECONDED the motion.
There were no public comments.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 7
Koch requested additional time for Administration to provide more information
regarding the need for this service and the need for it being a sole-source procurement
to this individual. He stated it was not a time-sensitive issue.
MOTION TO POSTPONE:
Councii Member Ross MOVED to postpone Ordinance No. 2198-2006 and Council
Member Eldridge SECONDED the motion.
VOTE:
*Student Representative DeMello: Yes
~Ross Yes Molloy Yes Boyle Yes '
Porter ~ Yes Moore Yes Swarner Yes
Eldridge Yes ~
MOTION PASSED UNANYMOUSLY.
E-5. Ordinance No. 2200-2006 -- Repealing the E~sting Tit1e 22 of the Kenai
Municipal Code and Replacing it With a New Title 22 Entifled, "General
Fund Lands."
E-5a. Substitute Ordinance No. 2200-2006 -- Repealing the Existing Title 22
of the Kenai Murucipal Code and Replacing it With a New Title 22
Entifled, "General Fund Lands."
MOTION:
Council Member Moore MOVED for adoption of Substitute Ordinance No. 2200-2006
and Council Member Swarner SECONDED the motion.
There were no public comments.
City Attorney Graves summarized the following changes in the Substitute Ordinance:
• Disposal of land through resolution changed to ordinance to be
consistent with airport land code.
• Added provision in General Fund land code dealing with acquiring and
pernutting rights-of-way and easements authorizing the City Manager to do that with
Council authorization.
Graves also stated other suggestions had been made to include in the General Fund
land code and as it was not time-sensitive, he suggested postponing the ordinance
until the December 20, 2006 Council meeting.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 8
It was suggested the Planning & Zoning Commission review the substitute ordinance
prior to the December 20, 2006 council meeting.
MOTION TO POSTPONE:
Council Member Ross MOVED to postpone until the December 20, 2006 Council
meeting . Council Member Swarner SECONDED the motion and requested
UNAPiIMOUS CONSENT. There were no objections. SO ORDERED.
E-6. Resolution No. 2006-61 -- Setting the Public Hearing Date on the
Proposed McCollum-Aliak-Japonski Paving District.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2006-61 and Council
Member Eldridge SECONDED the motion.
There were no public comments. It was noted, more than 50% of the individuals
affected stated they wished to be included in this LID.
VOTE:
*Student Representative DeMello: Yes
Ross Yes Mollo Yes Bo le Yes
Porter Yes Moore Yes Swarner Yes
Eldrid e Yes
MOTION UNANIMOUSLY PASSED.
E-7. Resolution No. 2006-62 -- Authorizing the Amendment of the City of
Kenai, Alaska and Public Employees' Retirement System (PERS)
Participation Agreement to Exclude All Elected Officials, Effective
November 21, 2006.
MOTION:
Council Member Eldridge MOVED to adopt Resolution No. 2006-62 and Council
Member Ross SECONDED the motion.
There were no public comments. Council comments included the following:
• Councii Member Moore disclosed his financial interest in the resolution,
noting his eleven years of service as a counciiman for the City of Kenai and that he
was a participant in the PERS retirement program. If this resolution passes, he would
be eliminated from accruing further credit toward retirement as a benefit of his
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 9
position as a council member. He also stated he supported the resolution and if
aliowed to vote, he intended to vote in favor of passage as he believed eliminating
elected officials from the benefit program was in the best financial interest of the City.
• Council Member Swarner stated she also had a conflict as she had been
a member of the City Council for 19 years; she did not support the resolution; and,
was disappointed it was brought forward again with no new infornlation.
• Council Member Eldridge stated with the PERS situation as it currently
was, he did not feel it appropriate to being entitled to a retirement program for serving
a few hours a week as a council member. He stated he would vote in favor of the
resolution.
City Attorney Graves commented, members of the Council who were accruing service
credit in PERS and those who were opting out were both allowed to vote on the issue
as there would be no other group to decide the issue.
• Council Member Molloy's comments included:
• Comments at a recent seminar related to the issue u7dicated the
Constitution of Alaska says that once a person is in the system, their benefits
cannot be changed;
• The resolution may not affect council members that are already in
the system even though the resolution says the City would be excluding council
members as a class.
• On November 6 a notice from Alaska Division of Retirement &
Benefits indicated elected officials are not covered under Tier 4.
• Agreed with Swarner that no new information had been offered
and he would not change his vote from what he voted in May.
• Felt the contribution rate would not be affected because it is a
small pool of people that have a small wage of $400 a month.
. E~cpressed concern Semmens' memorandum stated it was not
definite what the City's unfunded liability is.
• It was indicated at the seminar it would be unlikely an accurate
amount of the liability could be acquired because of the accounting problems
which Mr. Semmens has pointed out in his memorandum.
• Additional concerns are statistics regarding medical costs which
could be significant; recent letters to the editor noted people complaining about
PERS retirees over 65 getting payment of secondary coverage; the real dollars
have to do with employees; and asked if the City would begin accepting
applications from only Tier 4 employees.
• Council Member Ross spoke in favor of the resolution, noting his views
had not changed; full year credit for partial years service based on a stipend is not an
equitable situation; and, the liability for retirement and health benefits are allocated
according to the time spent with an employer, not on the earnings earned with an
employer.
• Mayor Porter spoke in favor of the resolution noting, she did not consider
herself an employee of the City, but an elected official elected by the citizens of this
community who are not in favor of council members receiving medical benefits and
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 10
retirement from them; and, felt a council member should sit on the council to improve
the commuruty, not to receive a benefit.
• Council Member Boyle spoke in opposition to the resolution, noting he
believed compensating people was not a bad thing as it attracts higher qualified
individuals to serve on Councff; spoke with three different individuals from PERS and
got the same story each time that contributions are based on pay and relayed figures
he calculated based on the monthly stipend council members receive; and, once
someone retires there is no increase in the liabilities.
It was also noted, any credits prior to adoption of the resolution would remain, but no
further credit would accrue after passage of this resolution.
VOTE:
*Student Representative DeMello: Yes
Ross Yes Mollo No Bo le No
Porter Yes Moore Yes Swarner No
~ Eldridge ~ Yes ~ ~ ~ ~-
MOTION PASSED.
E-8. Resolution No. 2006-63 -- Awarding the Bid to Spacesaver Northwest
for Kenai Police Depai-hnent Lockers - 2006 for the Total Amount of
$35,204.
MOTION:
Council Member Molloy MOVED to approve Resolution 2006-63 and Council Member
Boyle SECONDED the motion.
There were no public or councff comments.
VOTE:
MStudent Representative DeMello: Yes
Ross Yes Molloy Yes Boyle Yes
Porter Yes Moore Yes Swarner Yes
Eldrid~e Yes
MOTION PASSED UNAnTIMOUSLY.
E-9. Itesolution No. 2006-64 -- Supporting Efforts to I,ower the Total
Aromatic Hydrocarbon (TAH} Levels in the Lower Kenai River, and
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 11
Opposing the Categorization of the Lower Kenai River as an Impaired
Waterbody.
MOTION:
Council Member Molloy MOVED to approve Resolution 2006-63 and Council Member
Boyle SECONDED the motion.
Public comment included:
Robert Ruffner, Executive Director of Kenai Watershed Forum. Mr. Ruffner stated
his organization works on river and watershed issues across the entire Kenai
PeninsuIa; encouraged Council to ca11 the Kenai River an impaired waterbody as part
of the resolution as the next step toward getting all three agencies (DEC, ADF&G,
DNR) to work together on this issue; and, the three agencies did not work well
together.
Council members asked seueral questions of Mr. Ruffner.
Ken Tazbox, 33270 Community College Drive, Soldotna, Alaska. Mr. Tarbox
spoke as a biologist of over 20 years on the Kenai River and spoke to the sub-lethal
effects of aromatic hydrocarbons (gas) on fish in the river. Tarbox also stated he had
concerns with data in the resolution and supported referencing river as impaired.
Council Members asked several questions of Mr. Tarbox.
Aaron Morse, 36630 Virginsa Drive. Mr. Morse spoke as an educated chemist has
worked for over 30 years in heavy industrial water treatment, which deals with
industrial contaminants; his well is within 30 feet of the Kenai River living at Mile 19
of the river; and stated his opposition to the resolution as it was currently written.
Jim Rypkema, ADEC, Div. Of Water. Worked in the public process of the integrated
report; encouraged comments about the report; and, stated DEC is comiriitted to
working with any and ali groups associated with the Kenai River to come up with
solutions to lower hydrocarbons in the river.
Council Members asked several questions of Mr. Rypkema.
John Landua, 1520 Toyon Way, Kenai. Mr. I.andua noted he is a chemical engineer
by training and have also worked on industrial hygiene and knows a little bit about
toxicology. Spoke in opposition to the resolution and would like a resolution to define
the river as being impaired.
Paul Shadura, P.O. Box 1632, Kenai. Mr. Shadura stated he felt Category 5
inappropriate and Category 4 more appropriate; referenced need for a comprehensive __
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 12
plan for the River; and, would support anything Council would do to facilitate
discussions.
Jim Butler, 1?l l Kaknu Way, Kenai. Mr. Butler spoke in favor of having a
designation of an impaired waterbody status and requested Council not go against
impaired status.
Council Members asked several questions of Mr. Butler.
MOTYON TO SUBSTITUTE:
Council Member Molloy MOVED to approve Substitute Resolution 2006-64 (marked E-
9a). MOTION FAILED FOR LACK OF SECOND.
MOTION TO SUBSTITUTE:
Council Member Moore MOVED to approve Substitute Resolution 2006-64 (marked E-
9b) and Council Member Ross SECONDED the motion.
Public comments included:
John Landua, 1520 Toyon Way, Kenai. Mr. Landua spoke in opposition to this
substitute resolution as he believed it set aside the issue of impaired status for the
waterbody.
Council Members asked several questions of Mr. Landua.
Aaron Morse, Kenai. Spoke in opposition to the resolulion.
Council Members asked several questions of Mr. Morse.
Ken Tazboa, 33270 Community College Drive, Soldotna. Spoke in opposition to
the resolution and to the importance of the impaired status to the City in having a say
in the process.
Council Members asked several questions of Mr. Tarbox.
Robert Ruffner, Executive Director Kenai Watershed Foruxn, Soldotna. Mr.
Ruffner supported either tabling the resolution or not making any comment at this
time.
Council asked several questions of Mr. Ruffner.
Paul Shadura, Y.O. Box 1632, Kenai. Mr. Shadura spoke in favor of a Category 4
designation versus Category 5.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 13
Dan Chay, 37306 Cetacea, Kenai. Mr. Chay e~;pressed concerns in how this would
turn out in the long term and that over the long term, as a community, the need to
engage well and make sure that we solve the problem.
Glenda Landua, 1520 Toyon Way, Kenai. Ms. Landua stated she supported the
impaired listing and offered wording to the resolution that might resolve Council's
concerns.
Discussion among the Council and City Manager Koch continued.
MOTION:
Council Member Moore MOVED to delete the 7~ "whereas" of the resolution; in the
third "whereas" eliminate the word "Kenai River" and delete the words "compliant with
the EPA 2006 emission standards" and replace that with "cleaner motors".
Council Member Ross requested votes on each individual "whereas".
RESTATE THE MOTION:
Council Member Moore MOVED to amend, in the third "whereas" delete the word
"Kenai River" and substitute it with the words "in Special Management Area" and
delete the words "compliant with EDPA 2006 emission standards" and replace that
with the words "to cleaner motors to reduce the TAH level."
Discussion ensued regarding the third "whereas" and striking it from the resolution.
WITHDRAWAL OF MOTION:
Council Member Moore WITIiDREW his motion on the third "whereas" WITH
CONSENT of the second Council Person Swarner.
MOTION TO AMEND:
Council Member Moore MOVED to delete the third "whereas" and Council Member
Ross SECONDED the motion.
VOTE:
*Student Representative DeMello: Yes
Ross Yes Mollo Yes Bo le Yes
Porter Yes Moore Yes Swarner Yes
Eldrid~e Yes '
MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 14
MOTION TO AMEND:
Council Member Ross MOVED to amend the amendment restoring the seventh
"whereas" and in front of "impaired" put the words "category V" to read "Whereas, the
City of Kenai does not support the designation of the Kenai River as Category V
impaired at this time, and further work should be completed and other options
explored." Council Member Moore SECONDED the motion.
VOTE ON AMENDMENT:
*Student Representative DeMello: Yes
Ross Yes Mollo No Bo le No
Porter Yes Moore Yes Swarner No '
Eldrid e Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON MOTION AS AMENDED:
*Student Representative DeMello: Yes
Ross Yes Mollo Yes Boyle Yes
~ Porter ~ Yes ~ Moore ~ Yes ~ Swarner ~ Yes '
I Eldrid~e ~ Yes ~ ~ ~ - ~
MOTION PASSED UNE~NIMOUSLY.
Council Member Ross requested a verbatim of the public testimony be attached to this
resolution and forwarded to the appropriate agencies as well as the Governor's office.
(Cierk's Note: A copy of the uerbatim is attached to the Nouember 21, 2006 minutes.)
E-10. Resolution No. 2006-65 -- A Resolution of the Council of the City of
Kenai, Alaska, 1Yansferring 515,533 in the Airport Ternunal Modification
Capital Project Fund for Additional Engineering Services.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2006-65 and Councii
member Eldridge SECONDED the motion.
VOTE:
*Student Representative DeMella Yes
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 15
Ross Yes Molio Yes Bo le Yes
~ Porter ~ Yes Moore Yes Swarner Yes
Eldrid~e Yes ~
MOTION PILSSED UNANIMOUSLY.
ITEM F: MINUTES
F-1. Regular Meeting of November 1, 2006 -- Approved by consent agenda.
ITEM G: UNFIIVISHED BUSINESS -- None
ITEM H:
H-1. Bills to be Rati~ed
MOTION:
Council Member Molloy MOVED for approval of purchase orders of $15,000 and
requested UNADiIMOUS CONSENT. Council Member Eldridge SECONDED the
motion. There were no objections. SO ORDERED.
H-2. Approval of Purchase Orders Exceeding $15,000 -- None
i-I-3. Ordinance No. 2201-2006 -- Increasing Estimated Revenues and
Appropriations by $638 in the General Fund for a Grant From the
Rasmuson Foundation Arts and Culture Programs.
Removed from the agenda.
H-4. Approval -- Assignment of Lease -- L.ots 7& 8, Block l, FBO
Subdivision.
H-4a. Assignment of Lease and Consent to Assignment/Blue Mountain
Ventures, Inc. to Loroc, LLC.
I3-4b. Amendment to I.ease/Updating Insurance Requirements and Ne~t Lease
Renegotiation.
MOTION:
Council Member Swarner MOVED for approval of the Lease and Consignment of Lease
from Blue Mountain Ventures Ine. to I,oroc, LLC as presented in H-4 and requested
UNANIMOUS CONSENT. Councff Member Eldridge SECONDED the motion. There
were no objections. SO ORDERED.
MOTION:
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 16
Council Member Swarner MO~ED to update the insurance requirements and the next
lease renegotialion as ouflined in H-4 and requested UNANIMOUS CONSENT.
Council Member Eldridge SECONDED the motion. There were no objections. SO
ORDERED.
H-5. Discussion -- Combining Commission/Committees. Councff
requested the item be delayed to the next Council meeting.
ITEM I: COMMISSION/COMMITTEE REPORTS
I-1. Council on Aging -- No report.
I-2. Airport Commission -- Council Member Molloy noted the meeting
summary of the November 9 meeting was included in the packet and reviewed items
discussed and actions taken.
Y-3. Harbor Cornmission -- It was noted, the next meeting would be held
December 11.
I-4. Library Commission -- Council Member Swarner noted the November 7
meeting summary was included in the packet and referenced statistics in the report.
I-5. Parks & Recreation Commission -- Councii Member Moore stated there
was no meeting last month and suggested the consideration of an appointment to the
Com~nission should wait until Councii's discussion on combining
cominissions / committees.
I-6. Planning & Zoning Commission -- Council Member Ross reviewed
actions taken during the November 8 CoiTiniission meeting.
I-7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee - No meeting.
I-7b. Alaska Municipal League Report -- Councff Member Swarner reported
on her attendance of the AML conference in Juneau.
ITEM J: REPORT OF THE MAYOR
Mayor Porter reported on the following:
• Represented City at Veterans Day activiUes.
• Attended the grand opening of Veterans Outpatient Clinic.
• Attended Alternative High School Thanksgiving dinner.
• KEDS is working diligently.
ITEM K: ADMINISTRATION REPORTS
- K-1. City Manager -- City Manager Koch reported on the following:
KENAI CPTY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 17
• Water well arsenic survey is being perforxned by Hattenburg, Dilley &
Linnell.
• A great deal of work has been done on the impaired waterbody status.
• He is expecting completion on the final Walmart agreement in the next
couple of weeks.
K-2. Attomey -- No report.
K-3. City Clerk -- No report.
I~EM L: DISCUSSION
Irl. Citizens -- None
L-2. Council
Moore -- Requested a review of the telephonic participation be reviewed
pursuant to the Clerk's reminder.
Swazner -- Thanked Administration for work on the mobile home standards
issues.
Student Representative DeMello -- Reported the high school had its most
successful canned food drive.
Ross - Invited City employees to attend United Way's presentation on 12/6/06
at noon at City Hall. The Senior Center will be serving soup.
Moiloy -- Stated he concurred with Mayor Porter, stating the Veterans
Outpatient Clinic is fantastic and thanked all the individuals testifying at the meeting.
Boyle -- Thanked all who testiiied.
Eldridge -- Stated while in Argentina he met with the President of the city's
council. The President is sending a letter to the Mayor.
EXECUTNE SESSION -- None Scheduled
ITEM M: ADJOURNMENT
There being no further business before the Council, the meeting adjourned at
approximately 11:17 p.m.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 18
Minutes submitted by:
Jenifer Lockwood, Deputy City Clerk
*The student may cast aduisory uotes on al[ matters except those subject to executiue
session discussion. Aduisory votes shaii be cast prior to the official councii uote and
shall not a~fect the outcome of a uote. Aduisory uotes shail be recorded in the minutes.
Student representatiues may not moue or second items during a council meeting.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 21, 2006
PAGE 14
MOTION TO AMEND:
~
~'--, ~q.ls~
Council Member Ross MOVED to amend the amendment restoring the seventh
"whereas" and in front of °impaired" put the words "category V" to read "Whereas, the
City of Kenai does not support the designation of the Kenai River as Category V
impaired at this time, and further work should be compieted and other options
explored." Council MemUer Moore SECONDED the motion.
VOTE ON AMENDMENT:
*Student Representative DeMello: Yes
Ross i Yes Molloy No Boyle No
[ Porter ~ Yes Moore
_ Yes
- Swarner
. No
------
Eldndge ~ Yes
-____
~
r
~
MOTION PASSED.
VOTE ON MOTION AS AMENDED:
"Student Representative DeMello: Yes
Ross Yes Mollo No Bo le No
Porter Yes Moore Yes Swarner No
Eldrid e Yes
MOTION PASSED.
Council Member Ross requested a verbatim of the puUlic testimony Ue attached to this
resolution and forwarded to the appropriate agencies as well as the Governor's office.
(C1erk's Note: A copy of the uerbatim is attached to the Nouember 21, 2006 minutes.)
E-10. Resolution No. 2006-65 -- A Resolution of the Council of the City of
Kenai, Alaska, Transferring $15,533 in the Airport Ternunal Modificafion
Capital Project Fund for Additional Engineering Services.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2006-65 and Council
member Eldridge SECONDED the motion.
VOTE:
*Student Representative DeMella Yes
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Suggested by: Councilor Joe Moore
CITY OF KENAI
ORDINANCE NO. 2202-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, LIMITING THE
USE OF THE CITY OF KENAI BOAT LAUNCH, LOCATED AT THE MUNICIPAL
I IARBOR, TO VESSELS AND BOATS POWERED BY FOUR-CYCLE OR DIRECT
INJECTION TWO-CYCLE ENGINES.
WHEREAS, the Alaska Department of Environmental Conservaiion (ADEC) is
proposing the categorization of the Kenai River as a Category Five-Impaired
Waterbody; and,
WHEREAS, 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,
4VHEREAS, 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 yeazs; 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 iwo-cycle motors deposit a minimum of ten
times more TAH into the water-column than four-cycle 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/boats using the City's Boat Launch.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that effective May 1, 2007, the use of the City of Kenai Municipal Boat
Launch will be limited to vessels/boats powered by four-cycle or direct injection two-
cycle en~inea
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
December, 2006.
PAT PORTER, MAYOR
Ordinance No. 2202
Page 2
ATTEST:
Carol L. Freas, City Clerk
Introduced: December 6, 2006
Adopted: December 20. 2006
Effective: May l, 2007
N-
SUBSTITUTE
Suggested by: Councilor Joe Moore
CYTY 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 FLOAT," BY ADDING A
SUBSECTION LIMITING THE USE OF THE CITY OF KENAI BOAT LAUNCH, LOCATED
ATTHE MUNICIPAL I1AF2BOR, 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,
WHEREAS, the Alaska Department of Natural Resources (ADNR) is proposing changes
to regulations whieh will limit vessels and boats on the Kenai River to 50 horsepower
or less, four-cycle and direct injeetion 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 deterniined
to be gasoline outboard motors; and,
WHEREAS, conventionally carbureted two-cycle motors do not meet the U.S.
Environxnental 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-cycle 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/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, entiUed "Use of Launch 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
Substitute Ordinance No. 2202-2006
Page 2
ATI'EST:
Carol L. Freas, City Clerk
Introduced: December 6, 2006
Adopted: December 20, 2006
~ffecfive: May l, 2007, 2006
TWO-CYCLE VS FOtiR-CYCLE I1i~TERNAL
COMBUSTION ENGINES
AN EXPLANATION OF T~IE DIFFERENCES
~
EVENTS IN A CONVENTIONALLY CARBURETED TWO-CYCLE INTERNAL
CO~IBUSTION ~NGINE
A twacycle engine is shown in exhibif "A".. Every other sh~oke in this engine is a
power stmke. Eacl~ time the piston moves down, it is on the power stroke. Intake,
compression, power, and exhaust still take place; but they are completed in just two
strokes.
Exhibit "A" shows thaY the intake and exhaust ports axe cut into the cytinder wa11 instead
of at the Yop of the combustion chamber as in the four-cycle engine. As the piston moves
down on its power stroke, it first uncovers Che exhaust part to let burned gases escape and
then uncovers the intake port to a11ow a new fuel-air mixture Yo enter the combustion
chamber.
Then on the upward stroke, the pisfon eovers both ports and, at the same time,
compresses the new mixture in preparation for ignition and anoCher power stroke.
In Che engine shown in exhibit "A", Yhe piston is shapcd so that the incoming fuel-air
mixture is directed upward, thereby sweeping out ahead of it the burned exhaust
gases. Also, Yhere is a~i inlet into the crankcase through which the fuel-air mixture passes
before it enters the cylinder. This inlet is opened as Che piston moves upward, buf it
is sealed as the piston inoves downward on the power stroke. The downward moving
piston slightly compresses the mixture in the crankcase. That gives Yhe mixYure enough
pressure to pass rapidly through the intake port as the piston clears this port. Tltis action
nnproves fhe sweeping-out, or scavenging, effect of fhe mixture as if enters and clears the
bumed gases from the cylinder through the exhaust port.
During the cycle there is a period of fime fllat both the infake port(s) and exhaust port are
open (when tbe piston is at or near the bottom of it's cycle). During this brief rime period
a portion of the new fue]/air mixture will travel directly to the exhaust port and be
exhausted fioiu the engine. This results in raw fuel (gasoline/oil) being discharged
through the exhaust.
A direct fuel injected (DF~ two cycle engine injects the liquid fuel (gasoline) under high
pressure into the con~bustion chamber after the piston has ciosed the exhaust port. This
does noY allow any portion of the raw fuel mixtw-e to exhaust through the exhaust port,
and the exhaust emissions are therefore n~uch cieaner than a conventionally carbureted,
or a standard electronic fuel injected two-cycle motors.
Page 1 of 3
TWO-CYCLE VS FOUR-CYCLE INTERNAL
COMSUSTION ENGINES
AN EXPLANATION OF THE DIFFERENCES
EVENTS IN A CONVENTIONAL FOUR-CYCLE INTERNAL COMBUSTION
ENGINE
Each movement of the piston from top to bottoin or froin bottom to top is called a stroke.
The piston takes two sCrokes (a~1 upstroke and a downstroke) as the crankshaft makes
oue complete revolution. When the piston is at the top of a stroke, it is said to be at top
dead center. When Yhe pisYon is at the bottom of a stroke, if is said Co be at bottom dead
center. The basic four-cycle inotor is shown in exhibit "B". The enclosed end of a
cylinder has two openings. One of the openiiigs, or ports, pennits fhe mixture of air and
fuel to enter, and the ofher port permits the burned gases to escape from the
cylinder. The two ports have valves assembled "ni them. These valves, actuated by the
camshaft, close off either one ar the other of the ports, or both of them, during various
stages of engine operation. One of the valves; called the intake valve, opens to admit a
mixture of fuel and air into the cylinder. The ofher valve, called the exhaust valve, opens
to allow the escape of burned gases after the fuel-and-air mixCure has burned. Later you
will learn more about how these valves and their mechanisms operate. The following
paragraphs explain the sequence of actions that takes~place wiChin the engine cylinder:
the intake stroke, the compressioii stroke, the power stroke, and the e~aust stroke. Since
these strokes are easy to identifj in fhe operation of a four-cycle engine, that engine is
used in the description. This type of engine is ealled a four-stroke-Otto-cycle engine,
named after Dr. N. A. Otto who, in 18'76, first applied the prineiple of this engine.
INTAKE STROKE The first stroke in the sequence is the intake stroke (exhibit "B").
During this stroke, the piston is moving downward and the intake valve is open. This
downward movement of the piston produces a partial vacuum in the cylinder, and air
and fuel rush inYo Che cylinder past the open intake valve. This action produces a result
similar to that which occurs when you drink through a straw. You produce a partial
vacuum in your mouYh, azid the liquid moves up ttuough the straw to fill the vacuum.
COMPRESSION STROKE combustible; not only does the pressure in the cylinder go
up, but the temperature of the mixture also increases.
POWER STROKE As the pisYon reaches top dead cenCer at the end of the compression
stroke (and is therefore at the top of the cylinder), fhe igniYion system produces an electric
spark. The spazk sets fire to the fuel-air mixture. In buming, the mixture gets very hot and
expands in all directions. The pressure rises to about 600 to 700 pounds per square inch.
Since the piston is the only part that can move, the farce produced by the expanding
gases forces the piston down. This force, or thrust, is can-ied through the
com~ecting rod to the crankpin on the crazzkshaft. The crankshafC is giveil a powerful
twist. This is known as the power stroke (exhibit "B"). This turniiig effort, rapidly
repeated i1i the engine and carried through gears and shafts, wi11 turn the wheeis of a
vehicle and cause it fo move along the highway.
Page 2 of 3
TWO-CYCLE VS FOUR-CYCLE INTE121~AL
COMBUSTION EI~GINES
AN E~PLANATION OF THE DIFFERENCES
EXAAUST STROKE After the fuel-air mixture has burned, it must be cleared from the
cylindsr. Therefore, the exhaust valve opens as the power stroke is finished and the piston
starts back up on the exhaust stroke (exhibit "`B"). The piston farces Uie bumed gases of
the cylinder past the open exhaust valve. The four strokes (intake, compression,
power, and exhaust) are continuously repeated as the engine runs.
Because a four-cycle eilgine is able to separate the incoming raw fuel from the burnt
exllaust gases by the use of valves, four-cycle engines exhaust far less raw fuel in fheir
exhaust.
Page 3 of 3
Pa~e 1 of 1
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Kenai/Soldotna Fish & Game
Advisory Committee
Nov. 30, 2006
State of Alaska
Department of Environrnental Conservation
Drew Crrant
P.O. Box l ll 80
410 Willoughby Ave., Ste. 303
Juneau, AK 99801
(907) 465-5274 FAX
Mr. Grant,
~ ~ ~~
Gary Dawkins, Chair ~_~
44800 K-Seach Road
Soldotna, AK 99C69
Phone: (907) 262-3993
Email:
garysauto.eiectrio@acsalaska.net
The members of the Kenai and Soldotna Fish and Game Advisory Comrnitfee do not support re-
classification ofthe Kenai River from a Category 3(low impaired) to a Category 5(high impaired)
water Uody. The river presently does not meet Category 5 stipulations and it has not been scientifically
proven that the river is experieneing sustained impairment. While we agree there have been
aecidences, they have only occurred infrequenYly duiin~; the monfh of July.
Our concern with a Category 5 listing is the tremendous negative socral and economic impacts this
will have on our community. The Kenai is thc lifeblood of the Central Peninsula and such a listing will
remain within our local communities for many years to come. This is a productive river that supports a
world renowned sport fishery and is one of the premier examples of a quality commercial fishery in
the state. While our region is known for user group conflicts, this issLie has ~alvanized all stakekiolders
to resolve and explore solutions tt~at have only one goal in mind, a prlstine Kenar RivEr that will be
here for our children and grandchildren.
We agree with the Kenai Watershed Forum and others that taking non-EPA compiiant outboard
motors of~fhe river Prom River Mile 19 to the Warren Ames Bridge is a step in the right direction.
This requirement would only allow sport or personal use fishing from clean burning efficienY recenY
~ E'PA approved outboard motors. While the DNR regulation addresses just this stretch of water, the
ADF&G through the Alaska Board of Fisheries have regulatory authoriYy over the entire tributary.
Our coinmiCtee will be working ardentiy with your agency (DEC), DNR, DPOR, ADF&G and other
governmental bodies and non-governmental bodies to rewriYe regulations and devise working plans to
reduce dramatically the hydrocarbon emissions that are dispersed throughout the entire system at
present. It is our strong belief that these steps and others in progress will ensure the Kenai River does
not have any accidenees beginning in January of 2008.
Serving the Alaska Board of Fisheries and Alaska Board of Game
Boerds Su}~port Seotioq 333 Ro.spberry Rwid, Anohoiage, Alsska 99i 18-1599
We welcome the opportunity to meet with you and other agencies to discuss additional ideas that wili
expedite the recovery and sustainability of our cherished resource. We will be in contact with your
o~ce fo request your attendance at our next meeting in the month of January (2007). Please feei free
to contact us about any questions you might have or to anange a time and location to work with us on
this problem.
Thank you for your consideration in not listing the Kenai River as a Category 5 iinpaired river at this
time.
RespecYfully,
Chainnan Gary Dawkins, (Hunting)
Committee Mernbers: Dave Atcheson (At Large), Joe Connors (Sport Fish Guide), Mike Crawford
(Trapping), Curtis Dunhain (Secretary/Alternate), Me1 Erickson (Guide), Mike Frost (Alternats),
Dennis Gease (At Large), Joe Hardy (Sport Fish Guide}, Dr. Roland Maw, PhD (Commercial
Fishing), Paul A. Shadura II (Commercial Fishing), Bill Tappan (At Large), Gary Tumer (Vice
Chair), and Dyer VanDevere (Commercial Fishing)
Page 2
_ ~ ~ ~
~ ~~`~ KE~e~I PEN,NSULA Bo~o~
~ ~~gs PLANNWG DEPARTMENT
~~ ~~~'~~` 144 North Binkley Street • Soldotna, Alaska 99669-7520
PHONE: 907 714-2200 • FAX: 907 714-2378
F~'^ ( ) ( )
~ ``~ ToN-free wifhin the Borough: 9-800-478-4441, Ext. 2200
~~,~"~~~~ ~~'w www.borouqh.kenai.ak.us
JOHN J. Vt(I~LIAMS
BOROUGH MAYOR
November 15, 2006
Kenai City Council
210 Fidalgo Avenue
Kenai, AK 99611-7794
RE: Vacate Cricket Drive a 60-foot public Right-of-Way dedicated by Baron Park Subdivision
No 5(Piat KN 86-165); and associated public utility easements and the 20' utility
easement between Tract C and Lot 1; ail within Section 33, Township 6 North, Range 11
West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough;
KPB Fite No. 2006-032; Petitioner: Charles M. Kopp, Acting City Manager of Kenai,
Alaska; Location: City of Kenai
Dear Kenai City Council Members:
In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be
made without the consent of the city council. The Planning Commission approved the
referenced vacation during their regularly scheduled meeting of November 13, 2006. This
petition is being sent to you for your consideration and action.
The City Counci~ has 30 days from November 13, 2006 in which to veto the decision of the
Planning Commission. If no veto is received from the Council within the 30-day period, the
decision of the Planning Commission will stand.
Draft, unapproved minutes of the pertinent portion of the meeting and other related materials
are atYached.
Sincerely,
~''s6 ~ ~I.--~~ ''~~~=~-'C(
Max J. BestV
Pianning Director
RsS.
Patti Hartley 1-800-478-4441
Administrative Assistant (toll free within the Borough), extension 2215
phartle~borough.kenai.ak.us
907-714-2215
907-714-2378 fax
Fax Cover Sheet
TO: Cit Clerk Compan : Cit of Kenai
Date: November 15, 2006 Fax Number: (907) 283-3014
Number of Pa es: 5 including cover Phone Number: 907) 283-7535
Notes/Comments:
RE: 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 ~ot 2, reserved in the
Pafent recorded in Book 16 Page 189 KRD; 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. 2006-282 NOTE: A 33-foot Water & Sewer Easement will be
retained. Location: City of Kenai
The Kenai Peninsula Borough Pianning Commission approved the proposed vacation at the
their regularly scheduled meeting of November 13, 2006.
Following is the notice of decision and draft, unapproved mi~utes of the pertinent portion of the
meeting. A hard copy of the notice, minutes and support information will be mailed today.
Please call or email me if you need additional information or have questions.
Thank you! . ~,/
~-`C~
~~ KENAI PEN/NSULA BOROUGH
~
~ ; -~ ~ PLANNING DEPARTMENT
~ 144 North Binkiey Street e Soidotna, Alaska 99669-7520
~~~ PHONE: (907) 714-2200 . FAX.' (907) 714-2378
~~"~ ~ Toll-free within the Borough: 1-800-478-4441, Ext. 2200
www. borouq h. kenai. ak. us
JOHN J. WILLIAMS
BOROUGH MAYOR
November 15, 2006
KENAI PENINSULA BOROUGH PLANNING COMMISSION
NOTICE OF DECISION
MEETING OF NOVEMBER 13, 2006
RE: 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 aiong the west boundary of ~ot 2, reserved in the
Patent recorded in Book 16 Page 189 KRD; 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. 2006-282 NOTE: A 33-foot Water & Sewer Easement will be
retained. Location: City of Kenai
The Kenai Peninsula Borough Pianning Commission approved the proposed vacation during
their regularly scheduled meeting of November 13, 2006
In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be
made without the consent of the city council. The proposed vacation has been forwarded to the
Kenai City Council. The City Council has 30 days from November 13, 2006 in which to veto the
decision of the Pianning Commission. if no veto is received from the Council within the 30-day
period, the decision of the Commission will stand.
Please contact the Kenai City Office to verify the date the subject vacation will be reviewed by
the Council.
This notice and unapproved minutes of the subject portion of the meeting were sent November
15, 2006 to:
Cliff Baker
Integrity Surveys
8195 Kenai Spur Highway
Kenai, AK 99611
Daniel & Katherine Piatt
306 Hutto Street
Kenai, AK 99611-7826
Kenai City Council
210 Fidalgo Avenue
Kenai, AK 99611-7794
Kenai Peninsula Borough
144 North Binkley Street
Soldotna, AK 99611
AGENDA ITEM F. PUBL IC HEARINGS
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 Lot 2, reserved in the Patent recorded in Book 16 Page 189 KRD;
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. 2006-282 NOTE: A 33-foot Water & Sewer Easement will be
retained. Location: City of Kenai
Staff Report reviewed by Max Best
PC Meeting 11/13/06
Purpose as stated in petition: To allow for better development of property and to eliminate a possible bad intersection
with the Spur Highway to the east. The N-S easement stops at Borough and State land to the south with the
unlikelihood of extension to the highway creating an additional intersection between Princess & Cinderella. The
Borough property would be better accessed as a private drive from the Kenai Spur Highway as eventualiy commercial
property. It is uniikely the property would be developed as Residential since it has been numerous years since any
residential development has happened along the highway.
Petitioner(s): Daniel O. and Katherine Piatt of Kenai, Alaska.
Public notice appeared in the October 26 and November 2, 2006 issues of the Peninsula Clarion
Five (17) certified mailings were sent to owners of property within 300 feet of the parcels; all of the receipts had been
returned at the time of this report.
Fourteen (14) regular mailings were sent to agencies and interested parties; ten (10) notices were sent to KPB
Departments. Three (3) notices were posted in public locatio~s. The notice and maps were posted on the Borough
web site.
Statement of obiection: The Borough Land Management Division objected to the north/south portion of the vacation,
the extension of Hutto past the proposed cul-de-sac, as it may provide altemate access from the north to the Borough
owned property. If the vacation is approved, the only access to the property would be dependent upon permitting from `
the State of Alaska Department of Transportation. Land Management had no objection to vacation of the easUwest
portion of the easement.
Statement of conditional supoort: The City of Kenai Planning and Zoning Commission appears to have considered the
vacation in conjunction with the preliminary plat of Smith Ridge Subdivision on August 9, 2006. They recommended
approval of the plat subject to approvai of the vacation. They did not directiy address the merits of the proposed
vacation.
Findings:
1. Per the submittal, sufficient rights-of-way exist to serve surrounding properties:
2. No surrounding properties will be denied access.
3. The vacation may limit the access options to surrounding parcels.
4. KPB Land Management Division has recommended retention and dedication of the northlsouth easement for
aiternate, non-highway access to Borough property.
5. KPB Land Management Division has ~o objection to vacation of the easUwest portion of the easement.
6. Per the submittal, the right-of-way proposed for vacation is not in use for access.
7. Per the submittal, the right-of-way proposed for vacation has not been constructed.
8. The City of Kenai Planning and Zoning Commission reviewed the vacation request on August 9, 2006.
9. The City recommended approval based upon retention of the north/south portion as a water and sewer
easement
10. Retention of the north/south portion could ailow future connection to Princess Street to the west.
11. 330 feet to the west, there is an existing half dedication that accesses Princess Street.
12. All vacation replats are sent to utility companies for review and request of additional easements, if needed.
13. The plat that wouid finalize the vacation received preliminary approval from the Plat Committee on September
11,2006.
KENAI PENINSULA BOROUGH PLANNING COMMISSION NOVEMBER 13, 2006 MEETING MINUTES PAGE 8~'~~ ~~ ~~ ~
UNAPPRC7VED IVIINUTE9
STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the easUwest portion of
the easement and denial of the vacation of the north/south portion of the easement, subject to:
1. Submittal of a final plat within one year of vacation approval.
2. Removal of the cul-de-sac and extension of a half dedication to the south boundary of Lot 2.
If the vacation is approved, the Kenai Peninsula Borough Assembly or the appropriate City Council has thirty
days in which they may veto Planning Commission approval of the vacation.
DENIAL OP A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE
GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A
VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAi, ALASKA
PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY
KENAI PENINSULA BOROUGH ORDINANCE 99-43].
END OF STAFF REPORT
STAFF REPORT ADDENDUM
Staff Report Addendum read by Max Best
PC Meeting 11/13/06
After the public hearing was scheduled, staff discovered the number signatures for the petition was i~sufficient. Staff
discussed postponement with the surveyor and KPB Land Management. After talking with the surveyor, KPB Land
Management offered to sign an amended petition so the vacation request could go forward rather than be postponed.
The surveyor, on behalf of the petitioner, agreed to amend the petition to request vacation of only the east/west right-
of-way easement and retain the north/south right-of-way easement. Required signatures for the amended petition are
Daniel and Katherine Piatt and the Kenai Peninsula Borough.
The following additional findings pertain to the amended petition.
Findings:
14. The Kenai Peninsula Borough ~and Management withdrew their statement of objection and signed the
amended vacation petition.
15. Retaining the north/south easement is i~ compiiance with the City of Kenai's recommendation of approval.
16. A revised preliminary piat showing vacation of oniy the easUwest right-of-way easement has been submitted.
STAFF RECOMMENDATION: Based on the above findings and Findings 1-13 in the November 13, 2006 staff report,
staff recommends approval of the amended petition that wouid vacate only the east/west right-of-way easement,
subject to:
1. Submittal of a finai plat within one year of vacation approvai.
2. Removal of the cul-de-sac and extension of a half dedication to the south boundary of Lot 2.
3. Signatures of Daniel and Katherine Piatt on the amended vacation petition.
If Yhe vacation is approved, the Kenai City Council has thirty days in which they may veto Planning
Commission approval of the vacation.
DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE
GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSiON DENIAL OF A
VACATION MUST BE TAKEN WBTHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA
PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY
KENAI PENINSULA BOROUGH ORDINANCE 99-43].
END OF STAFF REPORT ADDENDUM
~~~~~~~~~~~! KENAI PENINSULA BOROUGH PLANNING COMMISSION NOVEMBER 13, 2D06 MEETING MINUTES PAGE 9
UPilIdPPROi'ED MII~UTES
Chairman Bryson read the rules by which pubiic hearings are conducted.
Chairman Bryso~ opened the meeting for pubiic comment.
Marcus Mueller KPB Borouqh Land Manapement Officer
Mr. Mueller represented the Land Management Division of the Kenai Peninsula Borough who is the Co-
petitioner on the vacation. He referred to the revised preliminary piat that was submitted in the desk packet.
The revised preliminary plat showed the dedication of the east / west right of way on the south line. Mr.
Mueller stated the revision was that the north / south right of way easement exists which was agreed upon with
the surveyor. He was available for questions.
Chairman Bryson asked if there was a Borough easement of 33 feet. Mr. Mueller replied no, the right of way was
created through patent reservation. He stated the Borough's title to the property was not subject to a right of way.
Chairman Bryson asked if there were questions for Mr. Mueiler.
Commissioner Clark asked if the property to the west had a full section line easement. Mr. Mueiler asked if he was
asking about Lot 38. Commissioner Clark replied yes, beyond Lot 38. Mr. Mueller replied according to the patent
there is a 33-foot wide easement along the east line.
There being no further questions, the public hearing continued.
2. Ciiff Baker. Inteqritv Surve~
Mr. Baker is the surveyor on the project. He expressed confusion regarding the prior testimony and staff's
recommendations of removing the cul-de-sac and the extension of the dedication. They had agreed to keep
the cul-de-sac and leave the easement in place.
Mr. Best stated the preliminary plat that was in desk packet is the configuration of what will be approved at this
meeting. Mr. Baker asked if the vacation would be approved with the cul-de-sac and the easement retained. ;
Chairman Bryson repiied yes.
Commissioner Ciark referred to staff's condition #2 in the staff report, which states, "Removat of the cul-de-sac and
extension of a half dedication to the south boundary of Lot 2." He asked if Mr. Baker planned on putting the half bulb
there, then continuing the dedication past the half bulb. Mr. Baker stated he planned on keeping the half bulb cul-de-
sac and retain the easement.
Seeing and hearing no one else wishing to speak, Chairman Bryson closed the public comment period and opened
discussion among the Commission.
MOTION: Commissioner Gross moved, seconded by Commissioner Hutchinson to approve the vacation of the east /
west portion of the easement citing the findings by staff.
FRIENDLY AMENDMENT: Commissioner Gross made a friendly amendment of tying the findings to the main motion.
VOTE: The motion passed by unanimous consent.
BRYSON CARIUCCiO CLARK , FOSTER GROSS HEIMBUCH HUTCHINSON
YES YES YES I YES ~ YES YES YES ~
ISHAM
I JOHNSON MARTIN PETERSEN TAURIAINEN 12 YES ~
YES YES ~ YES j YES ~ YES ~ I ~
AGENDA ITEM F. PUB~IC HEARINGS
3. Vacate a portion of Tanadak Street 30-foot right-of-way and the associated public utility easement along the
west boundary of Lot 13 Block 2, dedicated by Stubblefield Subdivision Addition No 4(Plat KN 77-85); within
Section 21, Township 4 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula
KENAI PENINSULA BOROUGH PLANNING COMMISSION NOVEMBER 13, 2006 MEETING MINUTES PAGE 10 `~.
UN~.PP120VED k~lNtlTES
AGENDA ITEIYt F. PUBCIG HEARINGS
2. Vacate a 33-foot right-of-way easement along the south boundary o# Lot 2 and a portion of the 33-foot.
right-of-way easement along the west boundary of Lot 2, reserved in the Patent recorded in Book 16
Page 189 KRD; all within Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska,
the City af Kenai and the Kenai Peninsula Borough. KPB File No.2006-282 NOTE: A 33-foot Water
& Sewer Easement will be retained
Location: City of Kenai
STAFF REPORT
PC Meeting 11/13I06
Purpose as stated in petition: To ailow for better development of property and to eiiminate a possible bad
intersection with the Spur Highway to the east: The N-S easement stops at Borough and State land to the
south with the unlikelihood of extension to the highway creafing an additional intersection between Princess &
Cinderella. The Borough property would be better accessed as a private drive from the Kenai Spur Highway as
eventualiy commercial properry. It is unlikely the property would be developed as Residential since it has been
numerous years since any residential development has happened along the highway.
Petitioner(s): Daniel O. and Katherine Piatt of Kenai, Alaska
Public notice appeared in the October 2fi and November 2, 2006 issues of the Peninsula Clarion
Five (17) certified mailings were sent to owners of property witfiin 300 feet of the parcels; all of the receipts
had been returned at the time of this report.
Fourteen (14) regular mailings were sent to agencies and interested parEies; ten (10) notices were sent to KPB
Departments. Three (3) notices were posted in public locations. The notice and maps were posted on the
Borough web site.
Statement of obiecfion: The Borough Land Management Division objected to the north/south portion of the
vacation, the extension of Hutto past the proposed cul-de-sac, as it may provide alternate access from the
north to the Borough owned property. If the vacation is approved, the only access to the property would be
dependent upon permitting from the State of Alaska Department of Transportation. L.and Management had no
objection to vacation of the east/west portion of the easement.
Statement of conditional support: The City of Kenai Pianning and Zoning Commission appears to have
considered the vacation in conjunction with the preliminary plat of Smith Ridge Subdi.vision on August 9, 2006.
They recommended approval of the piat subjecf to approval of the vacation. They did not directly address the
merits of the proposed vacation.
Findings
1. Per the submittal, sufficient rights-of-way exist to serve surrounding properties.
2. No surrdunding properties wiil be denied access.
3. The vacation may limit the access options to surrounding parcels.
4. KPB ~and Management Diuision has recommended retention and dedication of the north /south
easement for alternate, non-highway access to Borough property.
5. KPB Land Management Division has no objectio~ to vacation of the easf/west portion of the
easement.
6. Per the submittal, Ehe right-of-way proposed for vacation is not in use for access.
7. Per the submittal, the right-of-way proposed for vacation has not been consfructed.
8. The City of Kenai Planning and Zoning Commission reviewed the vacatlon request on August 9, 2006.
9. The City recommended approval based upon retention of the north/south portion as a water and
sewer eesement.
10. Reteniion of the north/south portion could allow future connection to Princess Street to the west.
11. 330 feet to the west, there is an existing half dedication that accesses Princess Street.
8
12. AII vacation replats are sent to utility companies for review and reque5t of additionat easements, if
needed.
13. The plat tfiat would finalize the vacation received preliminary approvai from the Plat Committee on
Sepfember 11, 2006.
STAFF RECOMMENDATION: Based on the above findings, staff recommends approvai of the easUwest
portion of the easement and deniai of the vacation of the north/south portion of the easement, subject to:
1. Submittai of a finai piat within one year of vacation approval.
2. Removal of the cul-de-sac and extension of a half dedication to the south boundary of L.ot 2.
If the vacation is approved, the Kenai Peninsula Borough Assembly or the apprapriate City Council
has thirty days in which they may veto Planning Commission approval of the vacation.
DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION
SHA~L BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION
DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30~ DAYS TO SUPERIOR CdURT AT
KENAI, ALASKA PURSUANT TO PART VI OF THE ALRSKA RULES OF APPELLATE PROCEDURES..
[2028.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43~.
END OF STAFF REPORT
'9
AGENDA ITEM F. PUBLIC HEARINGS
2. Vacate a 33-foot right-of-way easement along the south boundary of Lot 2 and a poKion of the 33-foot
right-of-way easement along the west boundary of Lot 2, reserved in the Patent recorded in Book 16
Page 189 KRD; 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. 2006-282; NOTE: A 33-foot Water
& Sewer Easement will be retained; Location: City of Kenai
STAFF REPORT ADDENDUM
PC Meeting 11/13/06
After the public hearing was scheduled, staff discovered the number signatures for the petition was
insufficient. Staff discussed postponement with the surveyor and KPB Land Management. After talking with
the surveyor, KPB Land Management offered to sign an amended petition so the vacation request couid go
forward rather than be postponed.
The surveyor, on behalf of the petitioner, agreed to amend the petition to request vacation of only the
east/west right-of-way easement and retain the north/south right-of-way easement. Required signatures for
the amended petitio~ a~e Daniel and Katherine Piatt and the Kenai Peninsula Borough.
The following additional findings pertain to the amended petition.
Findings:
14. The Kenai Peninsula Borough Land Management withdrew their statement of objection and signed
the amended vacation petition.
15. Retaining the north/south easement is in compliance with the City of Kenai's recommendation of
approvaL
16. A revised preliminary plat showing vacation of only the east/west right-of-way easement has been
submitted.
STAFF RECOMMENDATION: Based on the above findings and Findings 1-13 in the November 13, 2006
staff report, staff recommends approval of the amended petition that would vacate only the east/west right-of-
way easement; subject to:
1. Submittal of a finai plat within one year of vacation approval.
2. Removal of the cul-de-sac and extension of a half dedication to the south boundary of Lot 2.
3. Signatures of Daniel and Katherine Piatt on the amended vacation petition.
If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning
Commission approval of the vacation.
DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONStDERATION
SHALL BE GIVEN BY THE KENAI PENINSU~A BOROUGH. APPEALS TO PLANNING COMMISSION
DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT
KENAI, ALASKA PURSUANT TO PART VI OF THE ALASK,4 RULES OF APPELLATE PROCEDURES.
[20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43].
END OF STAFF REPORT ADDENDUM
49-1
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49-2
KENAI PENiNSULA BOROUGH PLANNING DEPARTMENT
PETITION TO VACATE
PUBLIC RIGHT-OF-WAY/SECTION LINE EASEMENT
PUBLIC II'~ARING REOtJIRED
~~~' ~eceipt of complete applicaGon with fees and ali requ'ved attflchmenis; flpublic hearing before the Planning Commission
~. ~~~cheduled. The petition with all required information and attachmeuts must be in the Planniug Deparlment at least
' . prior to the preferred hearing date. By State Statue and Borough Code, t6e public hearing must be scheduled within
60~ days of receipt of complete applicatian ~ i . .
~~/eno~~in - ~en's~~/ I?',;~ff /~efi'f,oY, /v fa« ~
[] Fees -$300 non-refundable fee to help dehay costs of adveRising pubtic heering. Plat fees will be in additioa to
vacation fees. ~
[] City Advisory Planning Commissioa Copy of minutes et which this item was acted on, along with a copy of City
Staff Report.
[], Name of public right-of-way proposed to be vacated is ; dedicated by plat of
~ Subdivision, Fled as PlatNo. in ~ Recording
District
[] Are there associated utility easements to be vacated? [] Yes [ j No ~ ~
Are easements in use by any utility company; if so which? ~ ~
[l~ Easement for public road or righaof-way es set out in (specify rype of document) Ff~< / rafen7° as
recorded in Book ~[~ Page L y of the Krnu ~.' Recording District. (Copy of recorded document
must be submitted with petition) ~ ~ ~
[] Section Line Eesement. Width of easement must be shown on sketch. .
[] Submit three copies oF plat or map showing erea proposed to 6e vaceted. Must not exceed I 7 x 17 inches in size.
Sn the case of public right-of•way the submittel must include a sketch showing which parcets the vacated area will
- be attached to. Proposed alternative dedication is to be shown and labeled on the sketch.
Has right-of-way been fully or partially conshucted7 [] Yes [] No ~ .
Is righbof-way used by vehicles/pedesh~ians/othet7 [] Yes [] No ~
Has section line easement been coastructed7 [ J Yes [) No .
[s section line easement beingvsed7 [ j Yes ~~ No
-aative righhof-way being pzovided7 (] Yes [] No
~... ~4tioner must provide reasonable justificatiou tor the vacaUOn.
~Reason for vacating T~i~s ~oc ~Menf i s fo ~t7%f^~^ ~°~ ~'i t'~«l+n. o.~ t~. r tu St a797,3~ /%
/'/ t +J /{~ >/ / / ~Jp /
OI~ ~HC SOUT~4~ 3J'W•c/C ..C /i` t Wt ~4/f/~ r~ tl~a (~'pl/f 4er~ .J/ ~/U//L~q
. a'Lia~f f'!.t Wcrfv~ 33~W,c`/~y~r-~~-u~c ~u.ne.s o.. Gov f G.f 3/~ rt~,.;t i~ ~a~ce.
$~~inw., o.~ ~e..Qtr.'s~o~ Y'~i~~:ein<a~ ~f ~f (diacr~ 07 No~cn6~.,2006~. Sec ~
,~
~~Z L~e / ~cl~ti - lY/ Nm/~F, 2~n~
The petition must be signed (wtitten signature) by owners of majority of the front fee[ of la[id fronting part of righbof-way
~ or section line easement proposed to be vacated. Each must includa mailing address and legal description of hisMer property.
Submitted by: Signature ry~~uln`''~~M f° f•°'~ ~~F.~n S~b.c.^{/r,/by .Z~~fe~..~'P~ Siivy.i
Name as [ ] representative [ ] petitio~er
Address
Phone
Signature
Name
Address
Petitioners:
~ ,/,~
7'~~'w'y ~~lwf~~ //
~7~/~~ Signature
/1'f/1,c'Cw ~i' /y1~ECCt2 Name
L9N1) M9N9GEM4NT of 'F/c6R Address
Kt~a; P~n JJ<.-o /~/Y ~V 13iNkCEy SoCAo1'NA
/'~/"~~f OYS-O/U-d7 - Ownerof
Signature
Name
Address
Owner of
Signature
Name
Address
.... .. ~.:; of
VucP.R~lit'AM1WC ~REP ~v.0:/9:'.0>19E', 4199
Owner of
49-3
~,.~~„~` ~C~~~~ ~~'~~~i~CfLA ~C7~~~~~
~~
~ ~ ~~ Planning Department • ~and Management Division
~-~' ~~\ 144 North 8inkley Strest . Soldotna, Alaska 99669-7520
p PHONE: (907) 714-2200 ~ PAX' (907J 714-2378
~,.~, Tolt-free within the Borough: ?-800-478-4449, Ext. 2200
`~,,; " ~"'~,yy~ www.borouqh.kenai.ak.us
JOHN J. VVIl.LIAMS
BOF20UGH MAYOR
November 6, 2006
KPB Pianning DepartmenU Planning Commission
144 N. Binkiey
Soldotna, AK 99669
RE: Petition to Vacate- Daniel O. and Katherine Piatt
Dear Planning Department and Planning Commission,
Daniel O. and Katherine Piatt have petitioned for the vacation of a portion of a 33-wide
right-of-way easement along the south and west sides of the their property. The Kenai
Peninsula Borough owns the adjoining property to the south. The Piatt's petition lacks
the necessary signatures required for petitio~ under KPB 20.58.050.
The Kenai Peninsula Borough Land Management, through conversation with integrity
Surveys, has offered to sign the petition as to the Soutnerly Right-of-way easement
provided that the Westerly Right-of-way easement is removed from the vacation
petition. This would effectively reduce the scope of the vacation and preserve the right
of access to the borough's p~operty thus resolving the subject of our previous letter of
objection as to the Smith Ridge Subdivision plat,
The Land Management Division respectfully requests postponement of this vacation
until such time as a modified petition is submitted containing the signature of the
borough in conformance with KPB Code.
Thank you for this opportunity to comment.
Sincerely,
~~
` ii `~u~
Marcus A. Mueller,
Land Management Officer
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Kenai Peninsula Borough
PlBnning Department
LandManagementDivision ~ ~ ~
144 North Binkiey, Soldofia, AK 99669
(907) 714.2200 Fax (907) 262.8618
September I1, 2006
KPB Plazuung Departmentl Planning Commission
144 N. Binkley
Soldotna, AK 99669
RE: Smith Ridge Subdivision Preliminary Plat
Dear Planning Departxnent and Planning Commission,
Smith Ridge Subdivision Preliminary P1af, KPB File 2006-228, proposes to vacate
certain portions of a 33' wide Goverrunent Lot Right-of-Way Easement, subject to a
vacation action. The Kenai Peninsula Borough owns a 1.37 acre parcel directly south of
the proposed subdivision. The north-south easement, as an extension of Hutto Street, may
provide imporfant access to the Borough ow~ied property. Access tlirectly from the Kenai
Spur Highway is not guaranteed nor is it necessarily the preferred access to the Borough
owned parcel, depending on its future use.
The Kenai Peninsula Borough , Land Management Division objects to the vacation of the
North-South Right-of-Way Easement. The Kenai Peninsula Borough, Land Management
Division, however, does ilot object to the vacation of the East-West ROW Easement.
In the context of the current action before the Plazuung Commission, the Iand
Management Division recommends extending the 33' wide dedication of Hutto Street to
the southern boundary of the Smith Ridge Subdivision. This dedication should be open
ended providing access to the neighboring property and allowing for extension across that
property.
Thank you for this opportunity to comment.
Sincerely,
~~y,~..~.Y ~%? `s~
Marcus A. Mueiler,
Land Management Officer
3
~/ "I~°fla9e witl~ a Past, Gc°~y wit~i a Fut~Ye„
~
August]0,2006
_~,,,~'„ ~. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
~ Telephone: (907) 283-75351 Fax: (907) 283-3014
-"~ - www.ci.kenai.ak.us
\ theai~of
16ENRL At~ASKA
~
~~ .
~ ~~~0 ~~ .
Kenai Peninsula BorOough r ~~~~~~~'~+}~ ~
Planning Department T
144 N. Binkley
Soldotna, AIC 99669
RE: PZ06-58-Preliminary Plat-Smith Ridge 5ubdivision
Deaz Mary:
The Planning and Zoning Commission reviewed the above-referenced plat at their meeting
on August 9, 20D6. The Commission approved of the plat with the following
recommendations:
l. Plat cannot be approved unless encroachment for shop on Lot I approved by City of
Kenai Planning & Zoning Commission.
2. Vacation shown on plat must be ~pproved and Water & Sewer easement shown retained
prior to recording of final plat
The Commission approved the encroachment mentioned in the first requirement. There is a
15-day appeal period. If no appeals are received, the permit will be issued on August 25`n
City water and sewer serve the subdivision. No installation agreement is required. Attached
is a signed copy of the resolution, staff comments, and minutes. If you need additional
information, let me know.
~,
Sin~ rel~,
,' i~
~ ~~~~
Marilyn Kebschull, AICP
Planning Administration
cc: Integrity Surveys, 8195 Kenai Spur Highway, Kenai, AK 99611
%
~'~~'~.
:
_ „, e
CITY OF KENAT
PL~fiTING AND ZONING COMMISSION
RESOLUTION NO. PZU6-58
SUBDIVISIQN PLAT
A RESOLUTION OF TI~ PLANNING AND ZONiNG COMMISSION OF THE CITY OF
KENAI RECOMIvIBNDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUB7ECT TO THE FOLLQWIIQG CONDITIONS:
WIIEREAS, the attached plat Smith Rid~e Subdivision was raferred to the City of Kenai
Planning and Zoning Commi&sion on 7u1v 27. 2006 and received from Integrity Surveys.
WHEREAS, the City of Kenai Ptanning and Zoning Commission fmds:
l. Plat azea u zoned RR-1 - Rural Residential 1 and thexefore subject to said zone
conditiona
2, Water and sewer: Is AvaiIable.
3, P2aY does not subdivide properry wiYhin a public imptovement district subjeet to speciai
assessments. There is not a delinquency amouut owed to the City of I~enai for the
referenced property.
4. Tnstallation agreement or consirucdon of improvements is not required.
5. Status o€ surrounding land is shown.
6. Utility easements, if required, shatl be shown.
7. Plat shatt Verify that no encroachments eacist.
8. Street names designated on the plat aze correct
9. C023TIIJC3ENCIES:
a Plat cannot be approved un(ess eneroachment for shop on Lot 1 approved By City of
Kenai Planning & Zoning Gommission.
b. Vacation shown on plat must be approved and Water & Sewer easement shown
retained prior to recording af final plat.
NOV/, TFIEREFORE, BE IT RESOLVED, BY Tf~ PLANNING AND ZONINCt
COMIvIISSION OF TI-~ CITY OF KENAI THAT Tl~ KENAI PENINSULA BOROUGH
PLANNLNG COMNIISSION APPROVES SMITH RIDGE SUBDTVISION SUB7ECT TO
ANY NEGATNE FINDIl~IGS AS STATED ABOVE.
PASSED BY THE PLANNYNG AND ZONING COMH'IISSION OF TYiE CYTY OF KENAI,
ALASKA, AUGUST 9. 2006.
CHAIRPERS ~ d ~''~^- ~"`~
. ~~~
ATTEST.
}5
Addition No. 'Pwo. Plat submitted by Whitford Surveying, P.O. Box 4032,
~ Soldotna, AK 99669.
Commissio Romain MOVED to approve the preliminary plat/Inlet View Subdivision
Beauchamp A''on No. Two with the noted recommendations. Commissioner,
Jenckes SECCIND the motion.
Commissioner Bryson stat he would abstain from all the piat items due to the
perceived conflict of interest fr the Borough level.
Gity Planner Kebschull reviewed the s f report which was included in the packet,
noting staff recommendations as follows:
• Verify no encroachments exist.
• Pla.t should add notation to wastewa note that parcels are served by
City water and sewer.
There were no public or Commission comments. ~
VOTE:
Jenckes Yes Romain Yes Eldrid e Ye ~
B son Abstain Fullinck Yes Twait Yes '
MOTION PASSED UNANZMOUSLY.
4-b. PZ06-58 - Preliminary Plat -- Smith Ridge Subdivision - A subdivision of
Government Lot 39. Plat submitted by Integrity Surveys, 8195 Kenai
Spur Highway, Kenai, Rlaska.
M~TION:
Commissioner Jenckes MOVED to approve the preliminary plat/ Smith Ridge
Subdivision, Government Lot 39, with staff recommendations included. Commissioner
Romain SECONDED the motion.
Kebschull reviewed the staff report included in the packet, noting staff
recommendations as follows:
• Encroachment for the shop on Lot 1 must be approved prior to recording
of the final plat.
• Vacation of Hutto Street right of way and government lot easement must
be approved prior to recording of the final plat.
There were no public comments. Commissioner 'I~vait noted staff recommendations ,
refer to a"shop" and the plat refers to a"shed." Kebschull stated a recommendation
could be made to the surveyar to make the correction, however it was a moot point as
PLANNING & ZONING COMMISSION MEETING
AUGUST 9, 2006
PAGE 4
6
the size and use determines the setback.
VOTEa
Jenckes Yes Romain Yes Eldrid e Yes
B son Abstain Fullinck Yes Twait Yes
MOTION PASSED UNANIMOUSLY.
P206-s9 - Preliminary Plat - Amanda Walker Subdivisior;i - Harris
Addition. Plat submitted by Segesser Surveys, 30485 Rosland Street,
Soldotna, Alaska.
MOTIOIS:
Commissioner R ain MOVED to approve the preliminary plat/Amanda Walker
Subdivision -- Hazr Addition with the inclusion of staff recommendations.
Commissioner Fullinc SECONDED the motion.
Kebschull reviewed the st report included in the packet and indicated staff
recommendations as:
. A note should be dded to the plat to state the front setback on Lot 2 will
be measured from where the lot ets the minirnum lot width.
Plat Note 4 should be
city water and sewer.
There were no public or Commission
VOTE:
to include note that parceis are served by
Jenckes Yes Romain Yes Eldrid e Yes
B son Abstain Fullinck Yes Twait Yes
IVIOTION PASSED UNADTIMOUSLY.
ITEM 5: PUBLIC HEARIIVGS
5-a. PZ06-54 - An appiication for an encroachment permit r front-yard
setbacks for the property known as Lot 7, Block 2, Centr Heights
Subdivision (305 Sterling Court), Kenai, Alaska. Applicatio submitted
by Rose and Loran Guilbeau, 305 Sterling Court, Kenai, Alas
MOTION:
Commissioner Bryson MOVED to approve PZ06-54 and Commissioner Twait
SECONDED the motion.
PLANNING & ZONING COMMISSION MEETING
AUGUST 9, 2006
PAGE 5
~7
F,~
r"
STAFF REPORT
To: Pianning ~i Zoning Commission
Date: July 28, 2006
Res: P206-58
GENERAL INF01tMATION
Appiicant: Integrity Surveys 283-9047
8195 Kenai Spur Highway
Kenai, Alaska 99611
Requested Action:
Legal Description:
Street Address:
KPB Pazcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
Preliminary Subdivision Plat - Smith Ridge Subdivision
A resubdivision of Government Lot 39
306 Hutto Street
04505010
RR-1 - Rural Residentiall
Residential
Neighborhood Residential
ANALYSIS
Plat subdivides Government Lot 39 into two lots, dedicates a one-half dedication of Hutto
Street and vacates a portion of the right-of-way and government easement while retaining
a water and sewer easement. The resulting lots meet the minimum lot size for the Rural
Residentiai 1 zone: Public water and sewer service is available to serve these parcels.
With the dedication on Hutto Street an encroachment was identified for the shop located
on the new Lot l. According to the Kenai Peninsula Borough's records, this structure
was built in 1984 prior to the City assuming zoning powers. There is no record of a
building permit for the structure. In addition, the proposed lot line between lots 1 and 2
creates an additional side-yard encroachment for this same structure. The owner of the
parcel has applied for an encroachment permit for this structure and these encroachments
must be approved prior to the plat being recorded.
Citv Engineer:
No instaliation ab eement required. An adequate turn around and street have been
constructed by a City project. City administration does not object to vacating the east-
west right-of-way easement or the north-south right-of-way easement (as shown on the
plat) as long as the water and sewer easement is maintained for possible extension of City
mains.
8
0658 Comment.doc
Buildin~ Official:
No building code issues.
code.
Page 2
Possible encroachment approval. does not violate tlie building
RECOMMENDATIONS
Recommend approval with the following recommendations:
1. Encroachment fox the shop on Lot ] must be approved prior to recording
of the final plat.
2. Vacation of Hutto Street right-of-way and government lot easement must
be approved prior to recording of final plat:
Report prepared by:
Marilyn Kebschull, AICP
Planning Administration
ATTACHMENTS:
1. ResolutionNo. PZ06-58
2. Preliminary Plat
9
KENAI P~NINSULA BOROUGH PLANNII~tG L~PARTMI3NT
PETITION TO VACATE
PUBLTC RIGHT-OF-WAY/SECTTON LINE ~ASEbIENT
PUBLIC HEARING REOUIRED
~~~ receipt of complete~application with fees and all required attachments; e public hearing before the Pianning Commission
~d scheduled. The petition with all required information and attechments must be in the Planning Department at least
~. ..~ys prior to tlie preferted hearing date. ~By State Staltie and Domugh Code, the pnblic hearing must be scheduled within
60 deys of receipt of compiete npp4ication. ~ ~ ~ ~
[xj Fees -$300 non-rePondeble fee ro heip defray costs of advatising public hearing. Plat fees wili be io addition to
~ vacatian fees, ~ - ~ ~ ~
(Kf City Advisory Plenning Commission. Copy of minntes at which this imm~was ncted on, along with a copy of CiTy
StaffReport. ~~ ~ . ~ ~ . . ~
[]. Name of public right-of-wey proposed to he vacated is ; dediceted by piet of .
~ Su6division, filed ae Plat No, in Recording .~-.
District. - ~ ~ ~ ~ ~ ~
[z] Are tiiere associated ntility easements ro be vacared? [)~Yes [~ No ~ ~ ~ ~
~ Are easements in use by nny uCility compeny; if so which? ~
~;] Easement for public rond or right-of-wey ns set out in (specify type of document) . ~~ ~ as
, rocorded in Sook f~i Pege ~~ of the K h~ Recording District. (Cnpy of recorded document_
mustbesuhmittedwithpeti[ion) , ~
(] Section Line Gaseme.nt. Width of e$sement must be showmon sketch.. ~ .
(. ] Snbmit thtee copies of ptat or map showin6 area proposed to be vacated. Must not exceed 1 I x 17 inches in size.
In the case of public right-o5way the suhmittal must include a sketch showing ~vhich parcels the vacated nrea will
be attached to. Proposed aKernative dedication is to be shoum and labeled on the sketch.
I~ins.right-of-way been fully or partialiy constmcted7 ~ . [ ] Yes [~ No ~ E'} ~ ~"~ ~T" \,~ ~ ~
it
Is ri6hbof-way used hy vehicles/pedestrians/other7 (] Yes [dj No ~
[] Yes [] No S E P 1& 2006
Hns~section line easemen[ been conslnmted7 N~A
Is section line easement being used? N~A . ( j Yes [ J No KENAi ('Ei,iI~~ULA.BOAOUGH ~
~na[ive right-of-wny being provided? ~ [] Yes (x] No PLANNING uEPARTMEIVT
.; etifioner mnst provide reusona6lejustificnfinn for t6e vacation.
Reason for vacating ! o ~~ ~.,,i ^h ~ F ,~ .~ ~
- t
. ~ . ~ , , . . _ . . . . .
1~ ~ M M1 Ferr S i U' ~'1 h7 I K /LM 4YZY ~~(1 C Qh Q`a . hn..~., / l~1 /QI/i<C.r VGT~
T
The petieion must be sigrted (wriLten signature) by owners~of mnjority offhe front fee~ of land fronting purt of right-of-way 0tl„~
or section line ensement prop<ased ro 6e vacated. Ea mnst include mailing nddress and legef descri~tion of his/her proper[y.
Su6mittedby: ~Sigiiature ~~.V a~-~ . .
Nxme l~c.a as (~ representative [] petitioner
Address
Inte~rEtg-~~-
nhone 8195 Kenai~'~-~-
Kenai, Alaska 99611•89U2
Petitioners:
Signature ~ .'/„_/ ~/ -N~ Signntnre
Name ( ~nr•Pt, U p,,,n-- . - Name
Address ;d~ r/.sn, SF. Address
~EN9/ A/<. 496//
Ownerof [v~~f L,{ 39 'fbNdiikl Ownerof
Signature Signahve
Naine ~
Name
Address Address
of Owner ~f
Vn~PR~XCnul Nil Rim PYV.IILN`.' UIl')6', 999
. . . ~ . ' .;tr~.
p,L,~., ~~s s s~;, ~.<,~ ~l ~a .~~ ~~, ~d~ f~ ~~~. T. i} wa., l1
N.C_ b~.t~-~-.2 GGC..t-.S.c_~ qS .i ~/:i~~cl~e G'~~.'~:~ Y~x~----•
~p I(z.,v; 5~..,Q 1~..- y ~vy e~<.-~ ~.~</~ c~~inr~:., (~.~. ~~' ~}
u., (; l e/y f~~ p:e.:~.<.~ ~,,,~,J~ S.: ~~ ~,1~.~ 1« s r2.~ s~ d.v.-, 6:. 1
; F ~ .._,~ ~..~> 5.~.,..~ ~7 ~~7.aw.t,w/
S:u~c <,~~ ~t-~ ~~,r. 7
a~~~~~~m~a ti~~ ~,~.~r~,~~~v~ ~ i~.yti.,.~.
,
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-
"Sewuu~f~eiCv~a~x 7C:~•vua.+~~ev',u~+,i.la%'
305 N. N7LLOW 3T. SUIIE ~0 I~NAI~ ALASFCCA 99671
TELEPHONE 907-2837951
PAX 907-2833737
~ •
To: Rick. R. Koch - City Manager
Thru: Rebecca Cronkhite-Airport Manager
From: Mary Bondurant - Administrative Assista
Date: November 30, 2006
Subject: Assignmenf of the Upper Deck Lounge Concession
Attached is a letter from Marie Parker, Professional Escrow Services, Inc., on
behalf of Jody Donaghe & Corey, inc., requesting assignment of the Upper Deck
lounge concession to Scott Rosin & Rosin Investments.
As of November 21, 2006 all property and sales taxes due by both parties are in
compliance with the City and Borough.
if Council approves the Assignment of Lease, a Consent to Assignment can be
executed.
Attachments
www. ci. kenai. ak. u s.
Municipal Airport
= ~:
•yA:.
_ '~` ~'RCIPFSSI~NAL ESCRCI~W S~RVrC1ES, INC.
y
ME1V.[O
November 1", 2006
Kenai Airport
305 N. Willow St, Ste. #200
K,es~ai, A1{ 99611
:~t$Bt M8Y'}' $OpdpR'7A4
VxA. ~'ax No. (967) 283-373'7
(Original to follow by mait}
Re: ~'scrow No. 06-8189-0$ TraRSferor(sJ, Sody Donsghe ~ Carey, tnc.
Collectron No. NC Trmrsferee(s): Scott ltnsia .~ Rasin Investmeuts, Inc.
TDBA The Upper Aeck Lonnge
,Le~al pescription: SCENAI MUNxCIFAL AIILFORT TERMIN,L[, gUT~,gING, Leasc Arm Spsce #6,
Second Floor, ,'Airport Bar-Lounge, Kenai Resordiag District, TBird Jodiciat
Diatrict, State of Alasks, w3thin t6e NWIl/4~ SEl/4~ S3Z T06N R11W, $ewprd
Meridianr (ICPB Tax Parcet No. 043-I80~~
Fro~eray Location: 385 N. 'Willow Su~c~t -&anai, ,qlaska 99b 11
bear Mary:
On behalf of Iody Donaghe & Corey, Iae. as transfezor and Scott I2osin & Rosin InveStmeats,
Inc. as tzansfexec, we would like to request your consideration of she attached AssigIInlemt of
Lease for the above refere~aced business know as the "Ugper Deck" lounge, located in. the Kenai
Airpoxt building.
Attached for your reCOrds is a copy of the Certificate of Incorporatioa snd ArtiCles ar
Incorporauon fax Itosin Tavestments, Inc., f~.I£ Entity #103140.
We appreciate youx assistance in this matter. If you have anp questiqns or xequire fiuther
informatioa, pYease do not hesitate to contact our of£~'ice at yous conveaieace.
~
Siacorely, , i !
~,,~g~ .// ~ ~ !/~
/~y ~/~`.~-'~~~ l~ ~
Marie Parker
Escrow Agr,nt
908 Highland Ave., Ste. #1
~4 Alsska 99612
1'hunc (907) Z83-2601
Fmc: (467} 263~5435
e,~.u: oai~a~taynarmam-~
ASSIGNMENT OF LEASE
This assignment is entered into between Corey, Inc., an Alaska Corporation,
DBA Upper Deck and Jodv Donaqhe, individually, whose address is 43187
Kalifornskv Beach Rd - Soldotna, AK 99669, as Assignor and Rosin Investments,
Inc., an Alaska Corporation, and Scott Rosin, individuallv, whose address is 395
Endicotf Dr. - Soldotna AK 99669, as Assignee.
Assiqnor does herebv assign and transfer all of its interest in the leasehold
Kenai Recordinq District, and covering the following-described property:
KENAI MUNICIPAL AIRPORT TERMINAL BUBLDING, Lease Area
Space #6, Second Floor, Airport Bar-Lounge, Kenai Recording
District, Third Judicial District, State of Alaska, within the NW1/4,
SE1/4, S32 T06N R11W, Seward Meridian. (KPB Tax Parcel No. 043-
180-36)
to Assignee to have and to hold the same from the date hereof, for and during all
of the remainder yet to come of the term of said Lease Agreement.
Assignee agrees to comply fully with aIl the terms and provisions of the Lease,
and to hold the Assignor harmless from any liability arising thereunder.
IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal
this _ day of , 2006.
ASSIGNOR(S):
Corey, Inc., an Alaska Corporation
DBA Upper Deck
By:
And:
Jody Donaghe, President
Jody Donaghe, Individually
Assignment of Lease 11/22(2006 Page 1 of 3
ASSIGNEE(S):
Rosin investments, inc., an Alaska
Corporation
By:
Scott Rosin, President
And:
Scott Rosin, Individuaily
ATTEST:
Corey, Inc., an Alaska Corporation
DBA Upper Deck
Name
Titie
ATTEST:
Rosin Investments, Inc., an Alaska Corporation
Name
Title
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2006, JODY
DONAGHE, individualiv and as President of COREY, INC. DBA UPPER DECK,
being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
Assignment of Lease 11/22/2006 Page 2 of 3 -
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2006, SCOTT
ROSIN, individuallv and as President of ROSIN INVESTMEIVTS, INC., being
personally known to me or having produced satisfactory evide~ce of identification,
appeared before me and acknowledged the voluntary and authorized execution of the
foregoing instrument.
Notary Public for Alaska
My Commision Expires:
Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Assignment of Lease 11/22/2006 Page 3 of 3
CITY OF KENAI
CONSENT TO AS5IGNMENT
The Assignment of that certain lease dated March 1s', 2005 and recorded March 2g`n
2005 at Document No. 20 0 5-0 0 241 2-0, Kenai Recording District, from Corev, Inc., an Alaska
Corporation, DBA Upper Deck and Jodv Donaqhe, individualiv, whose address is 43187
Kalifornskv Beach Rd, Soldotna. AK 99669 to Rosin Investments, Inc., an Alaska
Corporation, and Scott Rosin, individuailv, whose address is 395 Endicott Dr., Soldotna,
AK 99669, covering the following-described property:
KENAI MUNICIPAL AIRPORT TERMINAL BUILDWG, Lease Area Space #6, Second
Floor, Airport Bar-Lounge, Kenai Recording District, Third Judicial District, State of
Alaska, within the NW1/4, SE1/4, S32 T06N R11 W, Seward Meridian. (KPB Tax
Parcel No. 043-180-36)
is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and
conditions as contained in the original lease above-described.
This Consent is given by the City of Kenai without waiving any right or action, or releasing
the Assignor from any liability or responsibility under the aforementioned Lease, and does not
relieve the Assignee from the condition requiring the City's approval for any subsequent
subiease or assignment.
Dated this _day of , 2006
Rick R. Koch - City Manager
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2006, RICK R.
KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having
produced satisfactory evidence of identification, appeared before me and acknowledged the
voluntary and authorized execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
'~
MEMORANDUM
To: City Council
Through: Rick Koch, City Manager
Prom: Larry Semmens, Finance Director~
Date: December 1, 2006
Subject: Health Insurance Program
For some time we have been researching options for providing health
insurance for employees with the goal of reducing premium cost. We have
met with the employee committee to discuss these options.
The best opfion is to use a Health Reimbursement Arrangement (HRA),
which is a vehicle whereby employers set aside money that employees can
use to cover qualified health related expenses. HRA's are very flexible and
do not have the limitations on eligibility that are imposed through Health
Savings Accounts.
The plan we recommend is that the deductible be increased from $200 to
$1,000 for the base health plan that we offer. There would be no changes to
the medical coverage and no changes to other components of the plan such
as dental, mental healYh, spinal and vision. The HRA would be used to
provide funds to each employee such that the additional $800 of deductible
would be paid from the HRA. There is no negative financial impact to any
employee because any additional deductible cost incurred would be covered
through reimbursement from the HRA. Employees may have to pay the
provider the additional deductible, but we are confiden~ that there will be
quick turnaround time for reimbursement from the HRA.
The advantage to this plan is that the premium cost is significantly reduced
and will produce a sa~ings that will more than cover the contributions to the
HRA account. We are expecting a substantial savings compared to
renewing at the existing $200 deductible amount. I will have a chart
showing the savings at the meeting.
Premera Blue Cross has provided an attractive price quote to change our
renewal date to January 1. It is advantageous to lock in the 5.86% increase
they quoted and it is better to have a calendar year plan when dealing with
changes in deductible amounts.
One element of the plan that has noe been determined is whether there could
be a sharing of the savings with employees. The long term success of this
plan depends on the impact of'the higher deductible on utilization.
Generally, higher deductibles wi11 reduce health care costs to the insurer in
excess of the savings attributable to the higher deductible. This is because
people generally are less likely to use health care when the cost is coming
directly from their own pocket. In our plan employees will not he impacted
financially, so the typical reduction in utilization may not be realized unless
there is some incentive for employees to reduce costs.
One incentive that we have considered is sharing some percentage of the
savings with employees. HRA's have complicated provisions that restrict
how contributions to the HRA can be used. We are going to continue to
research the options available prior to making any recommendation on how
savings could be shared if the City Council decides that savings should be
shared.
Does the City Council approve of increasing the deductible in the plan to
$1,000, changing the renewal date to January 1 and setting up an HRA to
reimburse employees for any additional deductible cost incurred?
COMPARISON OF HEALTH INSURANCE OPTIONS
Current Plan
Premium 1,358,862
Employee share of premium (88,704)
Net Cost 1,270,158
Average per employee 13,658
Increase deductible to $1,000
Premium 1,078,001
Projected cost to cover increased deductible 176,800 ' HRA
Administrafive cost 7,000
Employee share of premium (88,704)
Net Cost 1,173,097
Average per employee 12,614
Savings from current plan 97,061
Savings from Renewal Quote 176,703
Renewal of
Current Plan
1, 438, 503
(88,704)
1, 349, 799
14,514
* Consider sharing any amount not spent from here with employees
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KENAI PARKS & RECREATION ~
JANUARY 5, 2006
CITY HALL COUNCIL CHA
7:00 P.M.
AGENDA
ITE1Vi 1: CALL TO ORDElt & ROLL CALL
%TEM 2: AGENDA APPROVAL
ITEM 3: ELECTION OF CHAIR AND VICE CHAIR
ITEM 4: APPROVAL OF MEETING SUMMARY -- December 1, 2005
ITEM 5: PERSONS SCHEDULED TO BE HEARD
ITEM 6: OLD BUSINESS
a. Discussion -- Bernie Huss Fitness 1Yail
ITEM 7:
a. D'ascussion -- Municipal Park Improvements
ITEM 8: REPORTS
a. Commission Chair
b. Director
c. City Council Liaison
ITEM 9: CONi1VIISSION QUESTIONS & COMMENTS
ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE FiEARD
ITEM 11: INFORMATION
a. Council Action Agendas of December 7 and 21, 2005.
b. 11/2005 Kenai Multipurpose Facility Activity Report.
ITEM 12: ADJOURNMENT
KENAI PARKS 8c RECREATION C~MMISSYOl!'
FEBRUARY 2, 2006
CITY HAi,L COUNCIL CHAMBER~
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- January 5, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Kenai Municipal Park/Proposed Improvements
ITEM 6:
a. Discussion -- Leif Hansen Memorial Park/Proposed Sprinkler System
ITEM 7: REPORTS
a. Conunission Chair
b. Director
c. City Council Liaison
ITEM 8: CONIlVIISSION QUESTIONS & C011~~NTS
ITEM 9: PERSONS PRESENT NOT SCFiEDULED TO BE HEARD
ITENi 10: INFORMATION
a. Council Action Agendas of January 4 and 18, 2006.
b. January Hockey Rink Ice Schedule
c. Wrestling Clinic Flyer/Goals & Activities
ITEM 11:
KEIVAI PARKS & RECREATION COMIVII;
M?.RCH 2, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- February 2, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Kenai Municipal Park
ITEM 6: NEW BUSINESS
a. Discussion -- Kenai Park Strip (Softball Greenstrip)
b. Discussion -- April 6, 2006 Meeting
YTEM 7: REPORTS
a. Coiiunission Chair
b. Director
a City Councff Liaison
ITEM 8: COMIVIISSION QUESTIONS & COA~IlVIENTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Councff Action Agendas of February 2 and February 15, 2006.
b. Beautification Cominittee Meeting Summary of February 14, 2006.
c. February Ice Schedule
ITEM 11: ADJOURNMEN2
KEIVAI PARKS & RECREATION COMMYSS%ON
MAY 4, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUNIMARY -- March 2, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
a. Les Krusen -- Recreational Turf/Mu2tipurpose Facility
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion -- Draft Budgets/Parks, Recreation and Beautification
YTEM 7: REPORTS
a. Coinmission Chair
b. Director
c. City Councff Liaison
ITEM 8: COMMISSION QUESTYONS & COMIi~NTS
ITEM 9: PERSONS PRESENT NOT SCIiEDULED TO BE HEARD
ITEM 10: INFORMATYON
a. Council Action Agendas of April 5 and 19, 2006.
b. Beautification Conunittee Meeting Summary of Aprii 1 l, 2006.
ITEM 11: ADJOURNMENT
KENAI PARKS & RECREATYON COMR~IISSION
JUNE 1, 2006
CITY HALL COUNCIL CYiAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- May 4, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSYNESS
a. Discussion -- Kenai Soccer Park Update
ITEM 6: NEW BUSINESS
a. Discussion -- Kenai River Marathon
ITEM 7: REPORTS ,
a. Cormr~ission Chair
b. Director
c. City Council Liaison
ITEM 8: COMNIISSION QUESTIONS & COMMENTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of May 3 and 17, 2006.
b. Beautification Coinini.ttee Meeting Suxmnary of May 9, 2006.
ITEM 11:
KENAI PARKS & RECREElTYON CONdMISSION
JULY 6, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM L• CALL TO ORDER 8c ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY --
a. May 4, 2006
b. June 1, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Kenai Soccer Park Update
YTEM 6: NEW BUSINESS
a. Discussion -- Kenai River Marathon
b. Discussion -- Undercutting of'IYees/City Property in Front of The
Challenger Center -- Rotary/KCHS Project
c. Discussion/Recammendation - T7act A, Park View Subdivision (Parcel
#04701018j/Need for Public Purpose.
YTEM 7: REPORTS
a. Commission Chair
b. Director
c. City Council Liaison
ITEM 8: COMMISSION fdUESTION5 & COM1n~NT5
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE FIEARD
YTEM 10: INFORMATION
a. Councll Action Agendas of June 7 and 21, 2006.
ITEM 11:
KENAY PARKS & RECREATYON COMIiRYSSYON
AUGUST 3, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING 5UMMARY -- July 6, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
a. Cominission Chair
b. Director
c. City Council Liaison
ITEM 8: COMNIISSION QUESTIONS & COMMENTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM L0: YNFORMATION
a. Council Action Agendas of July 5 and 19, 2006.
b. Beautification Cotiuii.ittee Meeting Summasy of July 11, 2006.
ITEM 11: ADJOURNMENT
NOTE: IMMEDIATELY FOLLOWING AD70URNMENT,
COMMISSIONERS WILL TOUR THE CITY PARK FACILITIES.
TR/lNSPORTATION WILL BE PROVIDED.
THE PUBLYC IS YNVITED.
KENAY PARKS & RECREATYOId COMMISSION
3EPTEMBER 7, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGEND.4
YTEM 1: CALL TO ORDER & ROLL CALL
YTEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY --
a. July 6, 2006
b. August 3, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion -- Disc Golf Eacpansion
ITEM 7: REPORTS
a. Commission Chair
b. Director
a City Council Liaison
ITEM 8: COMMISSION QUESTIONS & COMMENTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Councii Action Agendas of August 2 and 16, 2006.
b. Beautification Committee Meeting Summary of July 11, 200G.
ITEM 11: ADJOURNMENT
KENAI PARKS & RECREAT%ON CONIMISSION SPECIAL MEETYNG
OCTOBER 5, 2006
CITY HAI,L COUNCIL CHAMBERS
7:00 P.M.
AGENDA
YTEM 1: CALL TO ORDER 8c ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- September '7, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion -- Capital Improvement Project Nominations
ITEM 7: REPORTS
a. Coxnmission Chair
b. Director
a City Council Liaison
ITEM 8: COMMISSION (,~UESTIONS & COMMENTS
YTEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of September 6 and September 20, 2006.
b. Beautification Coinmittee Meeting Summary of September 12, 2006.
ITEM 11:
KENAI PARKS & RECREATION COMMY:
DECEMBER 7, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMIVIARY -- October 5, 2006
YTEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Update/Kenai Kennel Club Dog Park
ITEM 6: NEW BUSINESS
a. Discussion -- Ballfield Maintenance
b. Discussion -- Leif Hansen park 5prinkler System
ITEM '7: REPORTS
a. Comnussion Chair
b. Director
c. City Council Liaison
ITEM 8: CONIMISSION (,~UESTIONS & COMIi~NTS
ITEIVI 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 10:
a. Council Action Agendas of November 1 and 21, 2006.
ITEM 11: ADJOURNMENT
PLEASE CONTACT US IF YOU WILL NOT BE ABLE
TO ATTEND THE MEETING:
CAROL -- 283-8231 OR,
BOB - - 283 - 3692
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KENAI HARBOR COMNdISSION MEETYNG
JANUARY 9, 2006
CITY COUNCII. CHAIVIBERS
7:00 P.M.
AGENDA
ITEIVI 1: CALL TO ORDER & ROLL CALL
YTEM 2: AGENDA APPROVAL
ITEM 3: ELECTION OF CHAIR AND VICE CHAIR
ITEM 4: APPROVAL OF MEETING SUMMARY -- November 7, 2005 and
December 12, 2005
ITEM 5: PERSONS SCHEDULED TO BE IiEARD
ITENi 6: OLD BUSINESS
ITEM 7: NEW BUSINESS
a. Discussion/Recommendation - 7Ydelands Lease Applications/Ted J.
Crookston - City of Kenai Shore Fishery No. 2
b. Discussion/Recommendations - 2005 Dip Net Hlshery Report
ITEM 8: REPORTS
a. Director
b. Dock Foreman
c. City Council Liaison
ITEM 9: COMNRSSIONER COMMENTS/f~UESTION5
ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 11: INFORMATION
a. Kenai City Councff Action Agendas of December 7 and 21, 2005.
b. Correspondence/Kenai River Bank Erosion
ITEM 12: ADJOURNMENT
KENAI HARBOR COMMISSION MEETYNG
NlARCH 6, 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-- January 9, 2006
ITEM 4: PERSONS SCHEDULED TO BE FIEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Kenai Bank StabilizaCion, Coastal Trail Construction
ITEM 6: NEW BUSINESS
a. Discussion -- Boat Launch Ramps
YTEM 7: REPORTS
a. Director
b. Dock Foreman
c. City Councii Liaison
ITEM 8: CONINIISSIONER COMI\~NTS/QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATYON
a. Kenai City Council Action Agendas of February 1 and February 16, 2006.
iTEM 11: ADJOURNMENT
KENAI HARBOR COMIbIISSYON MEETING
APRIL 10, 2006
CITY CLERI~ CONFERENCE ROOM
7:00 P.M.
AGENDA
ITEM 1: GALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- March 6, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
a. Director
b. Dock Foreman
c. City Council Liaison
ITEM 8: COMMISSIONER COMMENTS/QUESTIONS
ITEM 9: PERSONS NOT SCFIEDULED TO BE HEARD
YTEM 10: YNFORMATION
a. Kenai City Council Action Agendas of March 1 and 15, 2006.
ITEM 11: ADJOURNMENT
KENAI HARBOR COMMISSION MEETING
MAY 8, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROAAL
ITEM 3: APPROVAL OF MEETING SUMMt1RY
a. March 6, 2006
b. April 10, 2006
ITEM 4: PERSONS SCHEDULED TO BE FiEARD
ITEM 5: OLD BUSINESS
YTEM 6: NEW BUSINESS
a. Discussion/Recommendation -- Renewal of Siac Shore Fishery Leases
ITEM 7: REPORTS
a. Director
b. Dock Foreman
c. City Council Liaison
ITEM 8: COMMISSIONER COMMENTS/QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE EiEARD
ITEM 10: INFORMATION
a. Kenai City Councll Aetion Agendas of April 5 and 19, 2006.
ITEM 11: ADJOURNMENT
KENAI IiARBOR CONIIVffSSION MEETING
JUNE 12, 2006
CITY COUNCIL CHAMBEE2S
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- May 8, 2006
ITEM 4: PERSONS SCHEDULED TO BE FIEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion -- KEDS Work Plan/Waterfront Development Plan
ITEM 7: REPORTS
a. Director
b. Dock Foreman
c. City Councii Liaison
ITEM 8: COMMISSIONER COMMENTS/QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: YNFORMATION
a. Kenai City Council Action Agendas of May 3 and 17, 2006.
b. Updated Kenai City Council Policy for Coiiunission, Committee, Board
and Council on Aging Meetings and Work Sessions.
c. 5/23/06 Kenai Harbor Rate Schedule.
ITEM 11: ADJOURNMENT
KENAI HARBOR COMNIISSION MEETING
JULY 10, 2006
CITY CdUNCIL CHAMBERS
7:00 P.M.
AGENDA
%TEM 1: CALL TO ORDER 8c ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- June 12, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion -- Possibility of a N7sh-Cleaning Station/North Shore/Mouth
of the Kenai River.
ITEM 7: REPORTS
a. Public Works Manager
b. Dock Foreman
c. City Councff Liaison
ITEM 8: COMNIISSIONER COMA~NTS/(~UESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE EiEARD
ITEM 10: INFORMATION
a. Kenai City Council Action Agendas of June 7and 21, 2006.
b. 6/29/06 Kenai Harbor Rate Schedule
ITEM 11: ADJOURNMENT
KENAI HARBOR COMNIISSION MEETYNG
SEPTEMBER 11, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
YTEM l: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETYNG SUMMARY
a. June 12, 2006
b. July 10, 2006
ITEM 4: PERSONS SCHEDULED TO BE EiEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Update/Bluff Stabilization Project
ITEM 6: NEW BUSINES~
ITEM 7: REPORTS
a. Public Works Manager
b. Dock Foreman
c. City Council Liaison
ITEM 8: COMMISSIONER COA~~NTS/QUESTIONS
YTEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Kenai City Councii Action Agendas of August 2 and 16, 2006.
ITEM 11: ADJOURNMENT
KENAY HARBOR COMIVIISSYON MEETING
OCTOBER 9, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM i: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA HPPROVAL
ZTEM 3: APPROVAL OF MEETYNG SUMMARY -- September 1 l, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
YTEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion/Recommendation -- Capital Improvement Project
NoxnisiaUons
ITEM 7: REPORTS
a. Public Works Manager
b. Dock Foreman
c. City Council Liaison
I'TEM 8: COMIVIISSIONER COMIVVIENT5/QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Kenai City Councff Action Agendas of September 6 and 2Q 2006.
ITEM 11: ADJOURNMENT
"V'lla e wit~ a Past G~ c~it~i G r1 "
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~~~.'~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
~ ^ Telephone: (907) 283-7535 / Fax: (907) 283-3014
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www.ci.kenai.ak_us
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IfENA~ SKA
MEMORANDUM
TO: Mayor and Council Members
FROM: Carol L. Freas, City Clerk
DATE: November 7, 2006 i~~
RE: COUNCIL MEETING TELEPHONIC PARTICII'ATION
Ordinance No. 2130-2005, the initial amendment to the Kenai Municipal Code and
adding KMC 1.15.130 to allow telephonic participation by council members at city
council meetings, was passed November 2, 2005. Ordinance No. 2168-2006,
amending KMC 1.15.130, was passed July 19, 2006.
My records indicate a request was made after the passage of Ordinance No. 2130-
2005, to bring the ordinance back for review in one year. As requested, a copy of
Ordinance No. 2130-2006 is attached for your review. A copy of Ordinance No. 2168-
2006 is also attached.
Clf
Attachments
SUBSTITUTE "A"
Suggested by: Councilor Molioy
CITY OF KENAI
ORDINANCE NO. 2168-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1.15.130 TO ALIAW COUNCIL MEMBERS TO TELEPHONICALLY ATPEND UP
TO TWO (2) ADDITIONAL COUNCIL MEETINGS DURING A TWELVE (12) MONTH
PERIOD IF THE MEMBER IS PHYSICALLY UNABLE TO ATTEND DUE TO THE NEED
FOR EXTENDED MEDICAL CARE AND TREATMENT OF THE MEMBER OR TI-IE
MEMBER'S IMMEDIATE FAMILY.
WHEREAS, Section 2-7 of the Kenai City Charter states a Council Member shall cease
to hold office if the member misses more than one-half of the regular and speciai
meetings within a three-month period; and,
WHEREAS, KMC 1.15.130 allows a Council Member to attend up to two (2) meetings
telephonically during a iwelve (12) month period begimiing on November 1 if the
member is physicaliy unable to attend; and,
WHEREAS, telephonic attendance at various meetings, both in the public and private
sectors, is increasingly allowed; and,
WHEREAS, even after allowing for iwo (2) meetings being attended telephonically
under KMC 1.15.130, an e~ctended illness of a Council Member or the member's
immediate family member can require the member to be physically absent from more
than one-half of the regular and special council meetings within a three-month period
due to the need for eactended medical care and treatment of the member or the
member's immediate family; and,
WHEREAS, it is good public policy to aliow and encourage Council Members to help
provide care and support for immediate family members when they are suffering from
an e7ctended illness; and,
WHEREAS, providing for an additional iwo (2) meetings to be attended telephonically
during a twelve Q2j month period not only would perniit the member to retain a
councii seat while dealing with medical care and treatment for an extended illness, but
also wouid allow the member to be more effective for the public than if additional
telephone participation were not allowed; and,
WHEREAS, the council recogruzes that it is vital to have its members physically
present enough in the community to effectively interact with the commuruty members
and learn the needs and probiems of the community and their constituency; and,
NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 1.15.010 is amended as shown on Attachment A.
Ordinance No.2168-2006
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19+~ day of July,
2006.
~~'/~_~if 1/h/
PAT PORTER, MAYOR
A'I'I'EST:
~`~~ .~~u/
Carol L. Freas, City Clerk
Introduced: May 17, 2006
Second Reading June 7,2006
Third Reading June 21, 2006
Fourth Reading July 19, 2006
Adopted: July 19, 2006
Effective: August 19, 2006
1.15.130 Telephonic participation.
` (a) A member of the Council may participate via telephone in a Council
meeting, if the member declazes 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 aC any
one (1) meeting.
(c) The member shall notify the Clerk and the presiding officer, if reasonably
practicable, at least twenty-four (24) hours in advance of a meeting that the member
proposes to attend by telephone and shall provide the physical address of the
location, the telephone number, and any available facsimile, email, or other
document transmission service.
(d) At the meeting, the Clerk shall establish the telephone connection when the
call to order is imminent.
(e) A member participating by telephone shall be counted as present for
purposes of discussion and voting.
(~ The member participating by 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 Yhe extent reasonably practicable, the Clerk shall provide backup
materials to members participating by telephone.
(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 attempf to
establish or restore the connection.
(j) Meeting times shall be expressed in Alaska time regazdless of the time at
the location of any member participating by telephone.
(k) Participation by telephone shall be allowed for regular, special and work
session meetings of the Council.
{1) Remarks by members participating by telephone shall be transmitted so as
to be audible by ail members and the public in attendance at the meeting, provided
Ordinance 2168-2006 Attachment A
SubsrituteA Page 1 of2
that in executive session the remazks shall be audible only to those included in the
executive session.
(m) As used in these rules, "telephone" means any system for synchronous two-
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
yeaz.
(o) A Council member mav attend an additional two (21 meetin€~s bv
teleconference durin~ a twelve (12) month ~riod startine November 1 of each veaz
if the member declazes that he/she is ~h, s~v unable to attend the meetin d~ ue to
the need for extended medical care and treatment of the member or member's
immediate familv.
(p) In this section "immediate fanulv" means the spouse of the person another
person cohabitatin¢ with the person in a coniueal relationship that is not a leQal
marriage a child (includinQ a stepchild or foster child) of the person. a parent,
siblinQ grandoarent aunt or uncle of the oerson, or a parent or sibline of the
person's spouse.
~ Council members aze responsible for any telephone long distance chazges
incurred due to their participation in a meeting via telephone uniess 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.
Ordinance 2168-2006 Attachment A
Substrtute A Page 2 of2
- Suggested by: Councilman Joe Moore
CITY OF KENAI
ORDINANCE NO. 2130-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 1.15.130 ENTITLED "TELEPHONIC PARTICIPATION," WHICH ALLOWS AND
ESTABLISHES RULES FOR COUNCIL MEMBERS TO TELEPHONICALLY
PARTICIPATE IN COUNCIL MEETINGS.
WHEREAS, currently the Kenai Municipal Code does not allow for telephonic
participation at Council meetings; and,
WHEREAS, Alaska Statute 44.62.310(a) allows for telephonic participation by Council
members at a Council meeting; and,
WHEREAS, allowing telephonic participation by Council members would increase
participation by allowing members to take part in meetings when work or family
matters require their absence from Kenai; and,
WHEREAS,limiting telephonic participation to two meetings in a twelve-month period
would prohibit a member from abusing the ability to participate telephonically; and,
WHEREAS, Alaskan communities such as the City of Soldotna, the City and Borough
of Juneau, the Ketchikan Gateway Borough, the North Slope Borough, the City of
Homer, the City of Wasilla and the City of Whitfier allow telephonic participation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 1.15.130 is enacted as follows:
1.15.130 Telephonic Participation.
(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 members to contact the Clerk regazding
telephonic participation in a particular meeting may participate via
telephone at any one meeting.
(c) The member shall notify the Clerk and the presiding officer, if
reasonably practicable, at least twenty-four hours in advance of a
maeting that the member proposes to attend by telephone and shall
provide the physical address of the location, the telephone number,
and any available facsimile, email, or other document transmission
seroice.
(d) At the meeting, the Clerk shall establish the telephone connection
when the call to order is imminent.
Ordinance No. 2130-2005
Page 2 of 2
(e) A member participating by telephone shall be counted as present for
purposes of discussion and voting.
(~ The member participating by 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 praciicable, the Clerk shall provide backup
materials to members participating by telephone.
(i) If the telephone connection cannot be made or is made and then lost,
the meeting shall commence or continue as scheduled and the Clerk
shall attempt to establish or restore the connection.
(j) Meeting times shall be expressed in Alaska time regardless of the time
at the location of any member participating by telephone.
(k) Participation by telephone shall be allowed for regular, special and
work session meetings of the Council.
(1) Remarks by members participafing by telephone shall be transmitted
so as to be audible by ali 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 two-way voice communication. "Mayor" includes the
vice-mayor or any other member serving as president pro tempore.
(n) Each Council member may attend a ma7cimum of two rneetings by
teleconference during the twelve-month period starting November 1 of
each yeaz.
(o) Council members are responsibie for any telephone long distance
charges incurred due to their participation in a meeting via teiephone
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.
PASSED BY THE COUNCIL OF THE CI7'Y O~ ENAI, ALASKA, this second day of
November, 2005. ; ~~~ ,~'`.~ /~.,~~~
i ~ ~~
~ ~PAT PORTE' ~; MAYOR
ATTEST:
~~~ ~~~~,Q ~
Carol L. Freas, City Clerk
Introduced: October 19, 2005
Adopted: November 2, 2005
Effective: December 2, 2005
-
Discussion of Telephonic Ordinance
Because of my personal circumstance, Z have been a benefactor of the Celephonic
ordinance. Telephonic attendance of ineetings has made it possible for me to attend
meetings that I would otherwise have been absent. My feedback from the ciCizens of
Kenai has been positive in this issue. They are pleased that I am able to represent them
yet sYill tend Yo this matter of personal medical emergency.
In reflec[ion of the usefulness of telephonic attendance, I find thaf myself and the citizen
of Kenai, benefit positively. As a representative I am able Co do more than is stated as a
minimum requirement to stay with Yhe counciL It is quite possible to keep up remotely
and be fair to the responsibility of the position.
I find that allowing two meetings for any xeason of personal choice to be sufficienC,
however, would not reject the idea of increasing this number Yo 3 or 4.
I do think, however, that the number of those meetings aliowed for medical emergency
should be increased to at least 4 if not 6. Were thaY the case today I would be
representing the citizens telephonically.
Thank you.
NAM~: t~~z,c~ yr~~~x~1
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Resident o€ the City of Kenai? !~'-_5 How Iong? 7~~,/~
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KENA~ SKA
tiovember 30, 2006
„V l~a~e witti a Past, GL~ t,vitti a " I
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
VIA FACSIMILE (907) 465-5274
State of Alaska
DeparCment of Environmental Conservation
Division of Water
Attn.: Mr. Drew Grant
PO Box l 1180
410 Wil]oughby Ave Ste. 303
Juneau, AK 99801
Subject: Comments fo Public Notice DrafY of Alaska's 2006Iotegrated WaYer
Quality Monitoring and Assessment Report
~ Dear Mr. Grant:
The purpose of ihis correspondence is to comment on the above refcrenced report~, and to
transmit other documentation supporting the City of Kenai's opposition to the
categorization of the Kenai River as a category five - impaired waterbody.
Please find attached the following:
1. Citv of Kenai Resolution No. 2006-64 staeing iYs opposition to the proposed
categorization of tl~e Kenai River, and encouraging the Department of
Envirc~nmental Conservation to work mc~re co-operatively with the City o~f
Kenai, Alaska Department of Natural Resources, Alaska Department of Fish
& Game and otl~ers to undertake and support efforts to lower toEal aromatic
hydrocarbon levels in the iower Kenai River. (1 Page)
2. ~Memo from the Citv ivlanaeer to Citv Council dated I~`ovember ] 7 2006
identifying periods of TAH exceedence (hours per year) and recommending
opposifion to ADP;C proposed categorization. (3 Pages)
3. Notes provided to Kenai Citv Cou~~cil dated November 21 2006. (3 Pages)
4. Traiiscript related to Kesolution 2006-64, including Council discussion and
public testimony (88 Pages)
At the City Council meeting of November 21, 2006 a i~umber of residents of the Kenai
Pcninsula addressed thc city council on this issuc. Some individuals felt the only way to
Page 2
Letter to Drew Grant
November 30, 2006
address TAH levels in the Kenai Kiver, whether the River was impaired or not, was to
categorize it as impaired, while others rejected the proposed cafegorization.
Interestingly, there was one issue on which all that testifed were in agreement, a history
of the three State departments with regulatory authority over the Kenai River clear
inability to be able to work together. Their testimony was consistent, and in agreement.
1"he Kenai Rivershed Forum, directed by Mr. Robert Ruffner, is an entity in which the
Kenai City Council, other government~s, and the citizens of the Kenai Peninsula have
confidence. We encourage ADEC and the oCher State regulatary bodies to empower Mr.
Ruffner and the Kenai Watersl~ed Forum with lead responsibility in developing a plan of
action to address TAH levels in the Kenai River, without categorizing tl~e Kenai River as
a category five - impaired waterbody.
In summary, the City of Kenai opposes the categorization of the Kenai River as a
cacegc~ry five-impaired waterbody. T'he scientific data available, and a reasonable
application of the regulations does not support the ADEC's proposed action. If ADEC,
ADNR, and ADF&G worked cooperatively, and with the Kenai Watershed Forum, the
issue of elevated T~1H levels in~the Kenai River could be suceessfully addressed in a ~
short time frame, under the existing eategory three designation.
Thank you for your attention in this matter. If you have any questions, please contact me
at your earliest convenience.
Sineerely,
C "I'Y O~F.NAI
'Rick ~Coch
City Manager
Attachments
Cc: Governor-Elect Sarah Patin
Mayor John Wiltiams, Kenai Peninsula Borough
Tom Boedeker, Soldotna City Manager
Robert Ruffner. Kenai Rivershed Porum Executive Director
YNFORMATYON ETEMS
KENAI CITY COUNCIL MEETING
DECEMBER 6, 2006
1. 12/6/2006 Purchase Orders Between $2,500 and $15,000 for council review.
2. 11/28/06 Public Works Depart~nent, Project Status Report.
3. 12/5/06 Kenai Peninsula Borough Assembly Meeting Agenda.
4. 9/25/06 Kenai Convention & Visitor Bureau Board of Director Meeting
minutes.
5. Denali Cormi~.i.ssion Grant Application/Kenai Boating Facility -- Paving.
6. 11/13/06 D. Coveyou, Kenaitze Indian Tribe requesting donation toward travel
costs for attendance/representation at Native Youth Olympics.
7. 11/21/06 Verbatim of discussion related to Resolution No. 2006-64.
8. Fall/2006 Kenai Watershed Forum, Currents.
9
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Project Status Report
!
A=Active KK - Keith Kornelis
NC=NOn-Construction J~-JackLaShot
F=Future RS - Robert Springer
STIP=State Trans. Imp MK - Marilyn Kebschull
Jet - Jan Taylor
sixciFi City Contaet Projeet Name Status
STIP
A KK Activate Oid Welis Public Works is looking at existing wells in our
search for water system improvements. HDL
working on arsenic ground water study. Samples
from private wells taken 9/21/06.
A MK Airport Supplemental Planning Proceeding with impiementation.
Assessment
A JL Airport Terminal Modifications Working on closeout.
A KK City Parking Lot Improvements
A JL Contaminated Soils - Shop
A KK Kenai Boat Launch
Improvements
A KK Kenai River Bluff Erosion
Control Project
A JL
A KK
Parking lot improvements to library, pubiic safety,
senior center, and recreation center to be added to
LID's Paving Projects 2007.
Sewer installed. Oil/water separator work to do,
restrooms in spring.
Peninsula Construction has compieted this project.
The Corps has received funds to help with the
design and answer any questions from the study
and agencies induding obtaining the Corps Permit
City working with Corps consultant. Tetra Tech
main consultant. R&M is drilling monitoring weils.
Kenai Soccer Fields Re-bid February.
Lawton Drive Water Main WH4 Neison completed design but going to add water
to Swires main from WH4 to WH2. Waiting to get results
from water weils evaluation.
Tuesday, November 28, 2006 Page 1 of 3
A/NC/F/ City Cuntact Project Name Status
STIP
A KK McCollum/Aliak ~ID Engineering design, surveying, ROW, and
inspection awarded to Nelson. Project scheduled
for2007. Added Japonskito project. Res.2006-
61 set public hearing for 12/20/06.
A JL Millennium Square - Monitoring weils being used by co~suitants doing
Enviromental Study COE study of groundwater.
A KK On-Site Wells Project waiting on Municipal Water System
. Improvements.
A J~ Parallel Taxiway Resolve liquidated damages and closeout.
A JL
A KK
A KK
A KK
F KK
F KK
F JL
F KK
Runway Safety Zone/Extension QAP shutting down untii March 1, fencing work to
continue, generators to be installed midwinter.
Set Net Drive LID Nelson completed design. Ail bids rejected - going
to bid ali paving projects together in 2007.
WH 2 Orca Tech did jar tests for color removal at WH2.
Good results. City looking at a pilot test for color
removai.
WH 4 Filtronics, Severn Trent, Kinetico, Pureflow
Fiitration Systems are stili interested in treatment
systems.
Angier Drive LID Public hearing is December 6, 2006 - projec4
scheduledfor2007.
Boating Facility Exit Road Street crew has buiit this exit road. We stili need
to work on 1/2 of the parking lot and widen the
road.
Maintenance Shop Preliminary plans and specifications complete.
S. Ames and Thompson Park Property owners are circulating petitions for LID's
LID's
Tuesday, November 28, 2006 Page 2 of 3
AlNC/F/ City Contact Projeet Name Status
STIP
~ . F KK Shamrock Circie LID Council put this project on hold. Wrote letter
asking property owners to suggest method of
allocating costs.
S71P KK DOT - Bridge Access Pathway Pathway along Bridge Access Road from K-Beach
to Spur 3.3 miles...Project in environmental
assessment. Design scheduled FFY08.
Construction after FFY09.
~ Tuesday, November 28, 2006 Page 3 of 3
Ron Long
Assembly Presldent
Sear 6 - East Peninsula
Term Fxpires 2009 ~
Pete Sprague
Assembly Vice President
Seaz 4 - Soddotna
Term Fxpires 2007
Gary Knopp ~
As~smbly Member
Seat 1 -Kalifornsky
Term F~pires 2004
Paul Fischer
Assembly Member
Seat 7 - Centra[
Term Expires 2007
~ ~ ~-~h Germano
ly Member
Se. - Homer
Z'erm Ezpires 2008
Margaret Gilman
Assembly Member
Seat2-~Kenai ~ ~ ~
1'erm Expires 2008 ~
Milli Mavtin '
Assembly Member
Seat 9 - South Peninsula
Term E.rpires~2009 ~
Grace Merkes
Assem5ly Member
Seat S-Sterling/Funrry River
Term Expires 2008 ..
Gary Superman
Assenebly Member
Sea! 3 - Nlkiskt
Term Expires 2007
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
D. ROLL CALL
E. COMMITTEE REPORTS
F. APPRO VAL OF AGENDA AND C1~NSENT AGENDA
(All items listed with an asterisk (*) are considered to be routine and nan-conhoversial by the
Assembly and will be approved by one motion. There will be no sepazate disaussion of these
~ items unless an Assambly Member so requesYS, in which case the i°m wili be removed from fhe
Corisent Agenda and considered in its normal sequence on the agenda.
G. APPROVAL OF MINUTES
* 1. November 21; 2006 Regulaz Assembly Meeting Minutes ....... 1
A. COMMENDING R~SOZUTIONS AND PROCLAMATIONS
Y. PRESENTATIONS WITH PRIOR NOTICE (Limitto 2o minutestotai)
l. Central Peninsula General Hospital, Ine:'l2uarterly Report (l0 `
~ minuYes) . ~ ~ ~ ~ ~ . ~ .
J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE
f~GENDA (3 minutes per speaker, 20 minutes aggregate) . ~
K. REPORTS OF COMMIS6ION5 AND COUNCILS
December 5, 2006 Page 1 of 4
L.
M.
N.
O.
P
*a. Resolution 2006-100: Establishing Kenai Peninsula Borough State
Capital Project Priorities for the Year 2007 (Legislative Committee)
(Referred to Legislafive Committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
MAYOR'S REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . 12
1
2.
3
Assembly Requests/Responses - none
Agreements and Conixacts
a. Approval of Contract with Deep South Truck & Equipment Sales,
Inc: for a Refurbished Chassis and VJater Tender Build-Up for
Kachemak Emergency Service Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
b. Approval of Contract with J.D. Contractors for Concrete Curb
Grinding at West Homer Elementary School . . . . . . . . . . . . . . . . . . . . . . 14
Other
a. Memo from Jeanne Camp, KPB Economic Analyst - October Labor
Statistics for KPB . . . : . : ., . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . 15
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None
PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per
speaker)
1. Ordinance 2006-39: An Ordinance of Assessment Confirming the
Assessment Roll for the Moose Range Subdivision Ufility Special
Assessment District and Establishing the Method for Terminating
Assessments and Making Refunds to Properiy Owners (Mayor) (Refened to
Finance Committee) .....:.............:................:..........19
UNFINISHED BUSINESS -None
NEW BUSINESS
l. Bid Awards
*a. Resolution 2006-104: Authorizing Award of a Gontract for the
Central Peninsula General Hospital, Phase 3, Expansion and
Renovation (Mayor) (Referred to Finance Committee) . . . . . . . . . . . . : . 2~
2. Resolutions
December 5, 2006 Page 2 of 4
*b. Resolution 2006-101; Approving a Revised Computer Usage Policy
(Mayor) (Referred_to Policies and Procedures Committee) . . . . . . . . . . . 32
*c. Resolution 2006-102: Authorizing the Administration to Fund and
File a Lawsuit on Behalf of Kenai Paninsula Borough Residents
against the State of Alaska Concerning Educational Funding (Mayor)
(Referred to Policies and Procadures Committee} . . . . : . . . . : . . . . . . . . 3$
*d. Resolution 2006-103: Authorizing the Mayor, on Behalf of the
Kachemak Emergency Service Area; to Enter anAgreement with the
City of Homer to Continue Under the Existing Agreement to Provide
Fire and Emergency Medical Services Until Mazch 31, 2007, While
the Parties Negotiate a New Agreement (Mayor) (Referred to Policies
and Procedures Committee) ...................................41
3. Ordinances
*a. Ordinance 2006-19-36: Appropriating $1,700,000 ofInterest Income
to Pay the Cost of Capital Improvements at the Central Peninsula
General Hospital (Mayor) (Hearing on Oll02/07) (Referredto Finance
Committee) .............._:..........:.:..................44
*b. Ordinance 2006-19-37: Accepting and Appropriafing $1D0,000 from
the Alaska Department of Commerce, Community and ~conomic
Development and Appropriating $133,000 from the Bear Creek Fire
Service Area Gapital Project Fund for Construction of a Public Safety
Building {Mayor) (Hearing on Oll02/07) (Referred to Finance
Cominittee) ...............::.........:.,...,.:............47
*c. Ordinance 2006-19-38: Accepting and Appropriating $421,000 from
the Alaska Department of Commerce, Communiiy and Economic
Devalopment and Appropriating and Redirecting Anchor Point Fire
and Emergency Medical Service Area Capital Project Funds of
$364,522 for Construction of a Fire Station in Nikolaevsk (Mayor)
(Heazing on O1/02J07) (Referred to Finance Committee) . . . . . . . . . . . . 53
*d. Ordinance 2006-40: Provicling for Submissionto the Qualified Voters
of the South Kenai Peninsula Hospital Service Area the Question of
the Issuance of up to Sixteen Million Dollars ($16,000,000) of
General ObligationBonds to Fund Capital Improvements, at a Special
Election in and for the South Kenai Peninsula Hospital Service Area
(Niayor) (Heazing on Ol/02/07) (Referred to Finance Committee) . . . , . 61
December 5, 2006 Page 3 of 4
*e. Ordinance 2006-41: Delaying from January l; 2007, to January 1,
2008, the Tmplementation of KPB 5.18.430(G} and KPB 5.18.900(Q),
which Require that Recreational Sales be Tased on a Per-Person Per-
Day Basis (Ivlayor) (Hearing on Ol/02/07) (Referred to Finance
Committee) ........:......................................66
Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per
speakerj
R. ASSEMBLY MEETING AND HEARING ANNOUNGEMENTS
January 2, 2009 7:00 PM Regular Assernbly Meeting Soldotna
S. ASSEMBLY COMMENTS
T. PENDZNG LEGISLATION (This item lisYS legislafion which wili be addressed at a laYer date
~ as noted.) ~ ~ ~ ~ ~ . .
L Ordinance 2006-19-34: Accepting a Grant from the Alaska Department ofEducation
and Eazly Development in the Amount of $262,500 and Appropriating the Grant and
$112,500 in Matching Funds to a Capital Project Account for School HVAC Control
Upgrades, and $11,064 in Administrative Service Fees (Mayor) (Heazing on
Ol/02/07) (Referred to Finance Committee)
2. Ordinance 2006-19-35: Appropriating $150,000 in the School Revenue Capital
Project Fund for Playground Improvements at Various School Facilities (Mayor)
(Hearing on 01/02/07) (Refened to Finance Committee)
U. INFORMATIONAL MATEIZIALS AND REPORTS
V. NOTICE OF NEXT 1VIEETING AND ADJOVRNIVIENT
The next meeting of the Kenai Peninsula Borough Assembly will be held on January 2,
2007, at 7:00 P.M. in the Borouah Assembly Chambers, Soldotna, Alaska.
This meeti~zg witl be broadcast on KDLL-FM 919 (Central Peninsula), KBBI-AM 890 {South Peninsula),
K201 A0-FM 88.1(East Peninsula}.
Copies of agenda items are availabte at tlae Borough Clerk's Offce dn the Meeting Room just prior to the
meetrng. For further irafornaation, please call the Clerk's O~ce at 714-2160 or toll fi^ee within the Borough at 1-800-
478-4441, Ext 2160. Visit our website at wwiv.barougli.kenai.ak.us for copies of tlie agenda, meeting summaries,
ordinances and resolutions.
December 5, 2006 Page 4 of 4
'
Kenai Convention & Visitor Bureau
Kenai, AK
Monday, September 25, 2006, 5:30 p.m.
Alexandra M. Lindgren, Presiding
A. CALL TO ORDER & ROLL CALL:
Roll call was taken at 5:35 p.m. and the following members were:
Present: Atexandra M Lindgren; Fred Braun (arrived at 6:30p); Sharon
Brower; Robert Fulton; Diana Lofstedt; Marion Nelson; Honorable
Pat Porter; Ray Ortiz
Absent: David Edwards-Smith; Jacquie Steckel; Robin West: Ron Maiston;
Visitors: Mya Renken
B. APPROVAL OF AGENDA:
Motion: Sharon moved to approve the agenda, Marion seconded the motion.
Action: Passed unanimously
C. APPROVAL OF MINUTES:
Motion: Diana moved to approve the minutes, Sharon seconded the motion.
Action: Passed unanimously.
D. FINANCIAL REPORT:
Discussion: The Income Statement for the eight months ending August 31, 2006
was presented along with graphs detailing saies, Old Town Bingo revenues,
visitation and admissions for the last three years.
G. UNFINISHED BUSINESS:
Oid Town Bingo representative
Motion: Marion nominated Ray Ortiz as the Old Town Bingo representative;
Sharon seconded the motion.
Discussion: KCVB's role in Old Town Bingo was explained and the time
commitment was discussed.
Action: Passed unanimously
H. NEW BUSINESS
Lydia Hays facilitated Board retreat
Discussion: It is time to schedule a board retreat, envisioned to last four to eight
hours. Sasha wili contact Lydia and ask her for a weekend date in January or
early February, after 2007 Board elections have been completed.
Changes to Simple IRA retirement program
Action: No action taken
Nominations from the floor for KCVB Board of Directors
Discussion: Scour membership and Saturday Market vendors for potentiai
members. Sharon, Sasha and Ron will sit on the Nominating Committee. Sasha
and Diana will not be seeking re-election to the Board.
H. REPORTS:
Arts Committee
Discussion: Meeting scheduled for October 9, 2006 at 5:30 p.m. in the Board
Room at the Kenai Visitors and Cultural Center. Marion asked Mya to invite
Mary Krull and Sasha asked to have Celia Anderson invited.
Executive Director
The report was presented in writing. Additional discussion included closing the
Center for a few hours so staff can participate in various service projects within
the community. Board members will be asked to staff the faciiity so it doesn't
close during this time and City Council members, KCVB Board members and the
Chamber are to be invited to participate. Joint meeting of the KCVB and
Chamber Board of Directors tentatively scheduled for November 7, 2006 at 7:00
a.m. at Charlotte's. By-laws will be reviewed during the first week in December
and the possibility of teleconferencing should be included in the discussions.
I. BOARD COMMENTS
Sasha- KIT received funding for the Night Walk program at K'Beq and for Native
Arts demonstrations at the site. The tribe is working on hosting a salmon bake
during the summer in Old Town. Welcome to Ray. We will think of you in New
York.
Marion- The Seaveys will be hosting a show in Anchorage beginning next
summer. Welcome to Ray
Diana- Welcome to Ray
Ray- Thank you for the bingo job
Mayor- She and George Ford will be traveling to Anchorage tomorrow to talk to
Father Daniel about moving the historic cabins off of church property and onto
City property, hopefully behind the building leased by the Kenai Historic Society.
Expiained the Kenai Community Foundation and its purpose and it was possible
to receive funding for programs at the center. Mayor is working on various
projects including an ordinance to prevent used car sales in OId Town, moving
the wooden flower boxes to Oid Town in the summer. Regarding the arch, she
hopes to have something by end of the winter.
Fred- Welcome to Ray. Asked Mya to contact David Edward-Smith about
attendance. The Board needs to be aggressive about the whole board attending.
NEXT MEETING SET FOR October 30, 2006 at 5:30 p.m.
ADJOURNED at 725 p.m.
Approved by unanimous vote on, 2006
'
DENALI COMMISSION
' PROJECT NdMINATION FORM
SUMMARY SHEET
Project Title:
Kenai Boating Facility Paving
Waterfront Development
Appticant:
Design & Gonstruction Agency:
Project Scope:
Peoject Status:
Construction Year:
Maintenance Agreement Status:
Right-af-Way Status:
Total Project Cost:
Appiicant Funding:
Applicant Funding Source(s}:
Funding Requested from
Denali Commission:
Applicant Funds as a
Percent of Total Project Cos4:
Denali Commission Funds as
a Percent of Totai Project Cost:
City of Kenai
Wm. J. Nelson & Associates
Approximately 4,d00 SY of asphalt paving
around boat launches, restrooms, and dock.
Have permits and comp(ete design for haif af
the project.
2007
City of Kenai to continue to operate and
maintain Boating Facility.
City of Kenai owns the property.
$120, 000
$24,400
City General Funds and Municipaf Matching
Grant Funds
$96,000
20 percent
80 percent
Denali Cammissian
Transportation Improvement Program
Fiscal Year 2007 Projeet Nominations
Waterfront Development Proiects
Project Name: Kenai Boating Facility Paving
WaterFront Development
Contact Person: Keith Kornelis
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Phone/Fax/E-mail: (907) 283-8232 (Phone)
{907) 283-3014 {Fax)
kornelis a~ci.kenai.ak:us
1. Project ~ocation. Community, including population, economic base and tocal
governments. Note: At a minimum, a second-class city or tribal gavernment
status is required for the Denali Commission Transportatian Pragram's
maintenance agreements. Community associations are not legat entities for
signing agreements. This maintenance agreement requirement is a function
of federal-aid funding from the Highway Trust Fund.
The Gity of Kenai is a first-c{ass city with a population of 7,000. The City's economic
base is commercial and sport fishing. Kenai is also a 6edroom cammunity for oil
and gas development. This project is iocated at fhe Kenai Boafing Facility on Boat
Launch Raad off Bridge Access Road.
Z. Facility Description. If the project is rehabilitation or reconstruction of an
existing facility, describe location, approaches, ramps, floats, utilities, and
other features. If a new facility, describe locafion and any facility it will
replace. Include a brief description af other port, harbar andtor barge landing
facilities in the community. lrrciude a map and/or photos of the proposed
project facility.
This project is to pave in front of the four baa# launch ramps and the City
Dock/Trestle. It wiil include paving around the restrooms plus parking and sfaging
areas at the Kenai Boating Facility. The Kenai Boating Facility is heavily used by
sport and commercial fishermen and personal dip net fishermen. Over 15,000 dip
net permits for households are issued each year, and over 100,40d fish are caught
in #his Kenai River Fishery. The City handles most of this fishery. This project wiil
improve the Boating Facility aperation and make it a lat cleaner,
Project Nomination Form 1 Transportation Program
3. Project Class. Is the project primari(y rehabiiitation of an existing harbor,
dock or other waterfront development? Is it a reconstruction that includes
gangways, floats, and approaches? Does the praject the projeat include
replacemenE or reconstruction of grids, water supply and electrical sysfems?
Is the project primarily a capacity expansion project? Does it inclt~de parking
lot, harlaormaster offiae and other upland feafures? Is the proposed project a
new harbor road? What affect does the project have on extending the service
life of the facility?
This project is the rehabilitation of the existing Kenai Boating Facility. It is the nea~t
phase of the City waterfront development.
4. Project Benefits. Health and(or quality of life, safety and economic
improvement. Describe ecanamic benefits inciuding duration and scope-
local, loaal/regional or regional/statewide; include emerging commercial or
charter fisheries and freight-distribution business opportunities.
This project will greatly enhance the health and quality of life of its users. At the
present time, users of the Boating Facility use staging areas that are gravel surfaced
and often dirty and unsanifery. Dust in the area is a problem since dust retardants
cannot be used due ta the closeness to the watar. Users spend time in staging
areas getting their boafs ready to load and unload onto their trailers and in parking.
This project would definitely enhance recreational opportunities. This project will
enhance air quality, enhance economic activities, and improve safety.
5. Transportatian System Conneations. Does the project provide new and/or
improved connections for fisheries or other industries to transportation
modes including airport, barge landing, other port or daak facilities and/or
regianal roads?
The City af Kenai's Boating Facility is a commercial hub within the Gify. It serves
cornmercial, sport, and recreational boaters. It is access to the City of Kenai's
Regional Port facility that provides support to 4he Upper Cook Inlet fishing fleet, oil
industry, Tyonek and Illiamna Lake Communities. Commercially caught fish
unloaded at this facility are shipped by trucks and aircraft to processing plants that
distribute the fish worldwide.
6. Project Stage. Is the project ueeder construction, design-complete, including
right-af-way acquisition and waterfront development permits, in design phase
with approved environmental documents, or new design s#art.
Approximately half of this project has been designed and was bid as an additive
alternate to the two new launch ramps completed in 2006. Unfortunately, insufficient
funds prevented fhe City from awarding the additive alternate. The additionat paving
is a very minor change to the original design. The City owns the land and has
Project Nomination Form 2 Transporfation Program
already obtained permits. This projeot is ready for construction bids (with very minor
adjustmentsJ
7. Community Support. Resolutions from city, borough, and/or tribal
governments; viilage and regional corporations; fisheries or other industrial
users. Reference approved (acal, regional or state/federal plans that inc(ude
praposed project.
City of Kenai Resolution No. 2006-59 identifies the City's Capital Improvement Plan.
Part of this project is !is#ed under the small projects list.
8. Maintenance. What organizat3an will maintain the completed praject? Provide
a rtraintenance agreement or resolution. Does the project eiiminate or reduce
maintenance costs and/or improve transport efficiencies? Does the propos~l
reduce or eliminate redundant waterfront develapments that are at the end of
their service life?
The City of Kenai awns and operates the Kenai Boating Facility. This project wiil
reduce the maintenance since it will eliminate the continuing excavation of
contaminant material and re-grading. The City of Kenai will continue with the
operations and maintenance costs of this facility.
9. Design and/ar canstruction financial contributions. Describe financial
contributions and in-kind contributions including right-of-way, building
ma#eriafs, and engineering services. What percentage of total project costs do
these contributions represent?
The Gity of Kenai has already paid for and received construction design drawings
and bidding documents. We have also completed the environmental documents and
received permits to construct. Only minor changes are needed for the additional
changes. The City Adrninistration proposes to use $24,000 of City General Funds
and Municipal Matching Grant Funds or 20 percent for this project.
Send this form and associated docurnents to:
Denali Commission
Transportation Program Manager
b10 L StreeY, Suite 410
Peterson Tower
Anchorage, AK 99502
Project Nomination Form 3 Transportation Program
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Suggested by: Administratfon
CITY' OF KENAT
RESOLiSTION Nq. 2006-59
t +
A T2ESOLUTTON OF THE COUNCIL OF THE C1TY ~F T~NAi, ALl~SRA. ADOP'PING THE
CITY OF KENAT CAPT7`AL YMP120VEMENTS PLAN PRIOFlITY LIST FTSCAL XEAR 2007 -
20i2 FOR SUBMISSdON TCJ THE KENA1 PENIIVSULA SOROUGH.
WHEI2F.A6, the Capital Improvements Plan (CIP) is a long-term gui8e fnr capital
ea~penditures; and,
WHEREAS, the City af Kenai CIP process has involved consfderatton of extsting plans,
programmattc needs, and public input; and.
Wt-iERErL5, the CIP process has also invoived a pubilc nomfnation and comment
process; an8,
WHEREAS, the CTP compliments the legisiative priorities, Ciiy Budget, and
Comprehensive Plan; and,
WHE~2EAS, the Kenai City Council held a publfc hearing an the Capital improvements
Frogram adoption an November i, 2006.
NOW, THEREFORE, BE z'f RESOLUED THAT THE CQUNCIL OF THE CPPY OF KENA.I,
ALASKA adopt the attaehed City of Kenai Capital Improvements Pian Priortty List
FYscal Yaar 2007 - 2d12 far submission to the Kenai Peninsula Borough.
PASSED SY THE COUNCIL OF THE CPFY tSF NAI, AI,[15KA, this $rst day of
November 2006. ~~~
--~ -
PAT PORTER, MAYQR
A'i°1'EST:
~
CaroT L. Freas, City CIerk
DATEa November 29 2006
PR4JECT: Kenai $oatin~ Facilitv Pavine
~`" Water£ront Development
LETTER OF TRAPTSMITTAL
City of Kenai
Department of Public Works
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611
(907) 283-7535, ext. 236
Fax: (907} 283-3014
TO: ~ Mr. Mike McKinnon, Dir. of
Denali Commission
51Q L Street, Suite 410
AK 99501
SENT TO YOU AT'i'ACHEB:
COPIES DATE NO. OF PAGES DESCRIPTION
1 11/29106 Pro'ect Nomination Form, Summa Sheet
I 11/29l06 Fiscal Year 2007 Fro'ect Norninations
1 11I29/06 Pro'ect Location Ma
1 i1i29/06 Pro'ectDrawing
1 1111l06 Ci of Kenai Resolution 2006-59 Listing this
Pro'ect under the srnall ro'ects list
THE AI30VE ARE TRANSMITTED AS CHECKED BELOW:
X For A roval Si n& Retarn Co ies A roved as submitted
For Your Use Review and Comment A roved as noted
As Re uested Correet and Return
REMARKS:
This project is to pave a very heavily used azea at the CiTy of Kenai Boating Facility. Please
contact me if you have any questions.
Copy To: Rick Koch, Citv Mana¢er Signed: Keith Kornelis
Title: Pnblic Works Manaeer
~ ~
November 13, 2006
Kenaitze Indian Tribe's
Native Youth Olympics
Parent Advisory Committee
Deborah A. Coveyou
To Whom It May Concern:
Let me start by saying thank you for your time. I am writing this letter to ask for cash
donations and or other items such as food to be sold at our concession stand.
Our kids participate in Native Youth Olympics (N.Y.O), it takes a]ot of strength and
endurance they are made up of two teams a junior and vazsity, our juniors go to state
competirion in January and varsity will go in May.
Our total estimated cost for this trip wilt be about $6775.00 that is a high estimate we are
presently looking into kitchenettes to cut our food and hotel costs. This will probably cut
our cost by at least 30% or better.
We wiil be hosting a Craft Fair / Flea Mazket on December 9~' and 10`" to be held at the
Kenai Middle School and we will be doing dance performances as well as N. Y. O.
demonstrations we have a lot of advertisements out in the community so we are haping
for a big turn out for the holiday season.
We will be putting on another craft fair in the late spring.
Thank you so much for your time and any contribuCion will be greatly appreciated, if it's
a cash donation you can make checks payable to Kenaitze Indian Tribe. We will haue
banners with your business names on them at the events to show our appreciation for
your support. Again thank you so much.
Sincerely,
Deborah A. Coveyou
Tribal Member/Parent
508 Cedar #8 ~ ~i r°~ _
Kenai, AK 99611 «~~
252-9488
Sonja Barbaza
252 2655 ~~~~~,¢~
~~~ . ~ P
~ ~ i~' ~3~ ~ Ci ~C'~ ; ~
¢ ~~ _.____ ~ _
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~ _ _ ~r ~~
~_ .
KENAI CITY COUNCIL MBBTING
11/21/200t ~~~ /'
1~.
.u q~J° I -
~-a~~ ~
KENAI CITY COUNCIL MEETING
Date: 11/21/06
Pages 1 - 88, inclusive
~0~~
Transcript rela~ed to Resolution 2000-64:
Suppcr~~ng Efforts to Lower the Tota1 Aromatic
Hydrocarbon (TAH) ;,evels in the Lower Kenai River, and
Opposing the Categorization of the Lower Kenai River as an
Impaired Waterbody
Present:
Pat Porter, Mayor
Council Members:
Joe Moore
Linda Swarr.er
Rick Ross
Robert Mo11oy
Mike Boyle
Barry Eldridge
Adam DeMello
Administration:
Rick Koch, City Manager
Cary Graves, City Attorney
Jenifer Lockwood, Deputy City Clerk
Transcribed by: Lenny DiPaolo, RFR
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, SuiYe 100 Kenai, Alaska 99611
KENAI CITY COUNCIL MEETING 11/21/2006
~ 1 PROCEEDINGS fl
.~ 2 MAYOR PORTER: -- aromaYic hydrocarbon (TAFI) ; 2
.~ 3 levels in the Lower Kenai River and opposing the ~ 3
4 categorizaYion of the Lower Kenai River as an impaired j 4
5 waterbody. Pteasure of Council? Councilman Molloy. ~ 5
6 MR. MOLLOY: Mayor Porter, move to approve i 6
7 Resolution No. 2006-fi4. IN 7
~
8 MAYOR PORTBR: Is there s seeond`7 ~ 8
9 MR MOORE: Second. ~ 9
10 MAYOR PORTER: The move is seconded. Is ~ 10
ll thece unyone fYom the general public who would like to be C 11
12 heard, please come Forward. One at a time. Through the `- 12
t 3 clerk Thank you. Thank you for being so patienf. Thank ~ 13
74 you. A cartoon, we need that today. No. I 14
IS MR. RUFFNER: Madam Mayor, members of the i I S
16 Council and st¢ff, my name is Robert Ruffner -- did I say ~ 16
17 it wrong7 Oh, you're laughing aY the handout. i 17
18 MAYOR PORTER: That's wHy I say, iYs time i 18
I9 for the cartoon, thank you. r 19
i
20 MR. RUFFNER: IYs a serious cartoon, so I [ 20
21 wanf to come back Yo fhat. So dodt let me forget it. If ~ 21
- 22 I forget ro talk about the carroon, let me come back eo i 22
23 that :23
24 My name is Robert Rufflier, I am the ~ 24
25 executive director of the Kenai Watershed Fomm, a job thaY i 25
Page 2 [
1 Pve held for th~ past 11 years. We work on river and ~ 1
2 wa[ershed issues across d1e entire Kenai Peninaula. ~ 2
3 And I guess I first would like to say to all ~ 3
4 of you that I appreciate the work that you do. And the ! 4
5 commen[s that i want to make [owards Resolution 64, in no ~4P 5
6 means do I~want to set up aoythiug that winds up making r 6
7 Yhis siEUation more difficulC to work on in the futuce, ` 7
8 because I need the hetp of the City of Kenai. ~ S
9 So the contenC -- I'm disappointed, I guess, i 9
10 just to start out witU, tliat I'm up here offering to make z 10
11 Che comments tl~at Pm going to make instead of the ~ ll
12 Department of Environmental Conservation, but the facC thaC ~ 12
13 I'm here and thcy are not speaks volumes to why I want to j 13
t4 speal< to this as I da ~ 14
I S 'I`his issue is not new, iPs something thaPs ~ 15
16 been azound for quite some time. We've known that tt~exe is ~ 16
17 too much gasoline in the river since 1991. Every study ; 17
18 that's been conducted to measure gas in fhe river since ; 18
19 that time has found exceedances of hydrocarbons, gas, in '. 19
. 20 the river. Every study has concluded that we know where '~ 20
t
21 it's comiug from. We know iPe coming from outboard ; 21
22 mocors. There has been noChing thaPs been done to address ; 22
23 fhat problem for 15 years. i 23
24 There is a deeent hiaWs in the sampling ~ 24
25 between 1991 and 2000. The history of this is that Fish & # 25
Paee 3 '
Game wnducted that study in 1991. Nobody did anything I
unril t~he Watershed Fomm wo~ked wiCh the 14 entities th^' ~~ ~
entered into a memorandum of understanding, tize City ~
Kenai beiag one of tl~ose entifies, in 200Q ttiat said we ~` I
were going to go out there and starY doing some basic '~,
monitoring of the river. . ~''~~
We look at 29 different parameters in our ~~
monitoring effort, hydrocarbons is one of them. The onty I
Ytiiog in our years of doing These studies, and the only j
ttiing thaPs popped up as an issue, has been hydrocarbons.
There's bee~ a eouple of detailed studies that follow up on
that that have been designed to eliminate any potential
sources, help us understand where 8iey are coming from, and
like I said, that we know For a fact Yhat they are coming
from motorboats, three independent studies I~ave pointed to
that.
So fhese aromatic hydrocarbons that we'~e
tallcing about, these are four carcinogenic, canceroausing
ehemieals that are found in fhe water column every Juty.
To help you put this in perspective, because
I know 10 parts per billion is a nebulous Yhing, weYe
talking about 300 gallons of gasoline before we can have an
exceedanee, and we have strong evidence Yo supporC Che faet
that 600 gallons of raw gasoline every day goes in the
river on a peak use day in 7uty. IPs a fairly staggering
number. ....
The DEC, when Yhey conducYed their own
independent study to look inTO what we were saying to see
if we were nght, we asked Yhem Yo do that, Chey did YhaY
in 2002 -- in 2003. The headline in Yhe fall of Yha
newspaper in the Clanon was, "DEC and their independent
contractor esYimate 10,000 gallons of raw gasoline runs
Yhrouah the river every summer."
I need your help. Sbe used every tool Yhat
I have at my disposal to try to help us work on fbis to
develop a plan so YhaY we can address this. I can't do it.
I'm looking in my toolbox, I don't have any other Yools.
This impaired waterbody staYUS is Yhe next step in
idenrifying a problem and then having a Iittle bit more
leverage to get Yhe sCate agencies to come together and
work on this. IC takes a little bit of the political funny
business thaC goes on, that keepe tl~e three agencies that
really need to come Yogether to work on this, from
happening.
One last thing, I know the buzzer went off,
The last Yhing that I want to say is that one risk that we
have of not taking this step is that this step has to be
approved by the BPA. If EPA looks aC this and the State
decides not to do this, there is a risk, I don't know how
great it is, I can'Y Yell you, that FPA wilt sYep in and ;' ..
2 (Pages Z to 5)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Dxive, Suite 100 Kenai, Alaska 99611
I~ENAI CITY COttNCIL MEETING I 1/21/2006
~ I say, no, iT is on the list, because we ]~ave the data to i 1 n~otors.
2 support iG So -- ( 2 None of fhat discussion has taken place. IC
3 MAYOR PORTER: Thaiilc you. Are Yhere any ; 3 didn'Y Cake place when I was sitting i~ Yhe ciry manager's
~ 4 questions of Mr. Ruffner? Councitman Ross. '~. 4 chair. I mean, nobody came in and said, wc've got a
5 MR.. ROSS: Robert, I have several ~questions f 5 problem and if we don't work on somc solutions weYe going ~~.;i
6 that I want to ask, and some of Yhem were fo DEC, and they i 6 to have to put you in a Category V river and t~ll the world
7 are not here and you are, so - I'm sorry. i 7 you're the worst river in the worid -- I mean, you're in
8 SPEAKER: (Indisceri~ib(e), i 8 the wocsY caYegory. Why I~aven'Y we do~e Yhose things~ And '~
9 . MR. ROSS: Olcay, thank you. Robert, in 2000 ~~~~; 9 I don't mean to be hammering you.
10 I worked wieh you on getting assistance to yon on the river I 10 MR. IZIJFFNI3R No, I'in happy Yhat you are
11 with city equipment fo do Yhis, is that correct7 t 11 ;VII2. ROSS: But diis doeument tells me, as a
12 MR. RUFFNER: Yes, sir. ? 12 Category III, yodve identified a problem, I should be
13 MR. ROSS: Since thaY Yime it appears fhat ~ I3 working oait And maybe Ibe missed something but I
14 the festing has been consistenf on peak days in July that ~I l4 don't think we have been.
(
15 we have an issue. I mean, how long have we -- we're in a f 15 MR. RUFFTIER: I don'Y think we have been
16 Category IIT status right now? i 16 either. And if I can, Pll hy and answer this as best I
17 MR. RiTFFNER: Correct i 17 can.
18 ~IR. ROSS: How ]ong have we been in fhat t 18 Kenai River ie complicated, we alt know
19 status4 ; 19 diat. There are duee agencies Yhat need to come together
20 MR. RIIFFNER: Since Ibe been in my job ` 20 to work on this. Those three agencies are Fieh & Game,
21 we've been in a Category III status. V/hich iYs my '~. 21 DNR, a~d DBC. Those three ageneies don'two~k well
22 understanding that Category III means iPs an important C 22 togeYher in my expecience. And I think tlsatfrom our local
23 waYerbody, wejust don't -- we're just not sure Yhat it's 3 23 community they are IeUing us down by nor doing that
24 attaining all - Yhe standards are noY being met for ¢(1 ; 24 MR. ROSS: So the solution to that is to
25 usea. So webe been in Category III wliere it's recognized : 25 tell Yhe world, we liave a Category V river because we can t
Pa~e 6 ~ Page 8
.._. ~_..w._._~.. ~. ~_ ~ . _._._.___~ _~ . _ _ _..__. ~ _.._ ~__.,.__ ____ u_ ~._ _..___._.__. _. ____._.._ Y ~. wM. ~.. _ _ _ .__... ._. :
:
I as ai~ important waferbody for a long time. ~ 1 play together at a Category III and get it right~?
2 MR. ROSS: Webe Iiad these thingsshow up in ~ 2 MR. RLJFFNER: Appazently we need a bigger
3 the wafer eonsisten8y over diis period, and I'm looking at ~ 3 tool in Yhe toolbox, and thaY's why I say fhat this is Yhat
4 this document, fhe public draft Ataska 2006 Integrated ' 4 bigger tool. And other entities that have eonsidered this
5 Water Quality Monitoring thaPs at~acl~ed to the cesofitio~, v 5 issue have spent half a day struggling with this in work
6 and it seems like if we've identified those things Chaf we ~ G sessions. Md I don't know of any other entiYy thaY has
7 should have been doing sometliing. Is thaC a wroiig i 7 opposed us Eakin~ Yhis step, when they have studied tl~~s m '~~.
8 staYement? i 8 depth. And Yhose include all usex groupa This is not a
9 MR. RUFFNfiR I agree wholeheartedly. ! 9 user ~roup attacking another user group or using it in an
10 MR. ROSS: So I guess where I'm having a ! 10 inappropeiate way. I Think everybody thaPs studied this
11 p~oUlem is that we've been in Category III for a long ; 1 I in depE~ has decided tl~at we do need fhis Ui~ger tool.
12 period of time, and as I read this documenf. There are ~ 12 MR. ROSS: And not fo belabor it, we need
13 sevecal things that we should have bee~ doing ifwe've i 13 the bigger tool beeause the ag~ncies diddt do Yheirjob
14 identified a problem, working on some issues. Why are we i 14 under Category III?
15 proposing instead of doing wtiat is required by Category ~i I S MR. RiJFFNER: T would say yes.
16 III, doing what might be DEFCON 3 and publicly saying, you ~ 16 MAYOR PORTER: Tl~ank you.
17 are the worst river that Were is. We're putting you in j 17 MR. RU'FFNHR: My eartoon.
18 the worst category that we can put a river in, which is V, i 18 MAYOR PORTER: Oh.
19 and we havedt even done any of the steps publicly, gone ; 19 MR. RUFFNL~R: If somebody asks about the
20 around and.come to bodies like this and said, look, maybe it 20 cartoon, Pll talk about tlie cartoon.
21 we better change our fishing methods. Maybe we can't sit : 21 MAYOR PORTHR:~ We have Yhe cartoou.
22 id(ing on a hote al] day long because the idling engine '~~~.~ 22 MI2. RUFFNER: Thanlc you. The cartoon
23 maybe puts too mvch gas in the water compared to the one ( 23 addresses your orher issue, The reason -- I don't want the ~ r
24 under power. Or maybe there is issues that we can do on ! 24 river to be called impaired. I don't think anybody wants
25 when boars aze going to be on the river, or whaY kinds of ~?5 it Yo be called impaired. There is a stigma associaYed
Page 7 ' Page 9 '
3 (Pages 6 to 9)
PENINSULA REPORTPVG 907/283-4429
110 Trading Bay Drive, SuiYe 100 Kenai, Alaska 99611
KENAI CITY COUNCIL MEETING 11/21/2006
1 wifh thaY worcL It's very negative. And I think some ~ I
2 concerned -- some people have chosen fo be neuCral on Chis t 2
3 issue is because of Yhe stigma, thaYs the besY I can read i 3
4 between the lines, is that's why they would be neutral on ? 4
5 it ~ ~ 5
6 The sfigma is already out there, webe had I 6
7 these headlines that I've menYioned, webe had cartoons in ~ 7
8 fhe Daily News that have been pubiished. People thaY pay
h ~ 8
9 aYYention Imow that this ie ouY there. lvid I tl~ink it's an j 9
10 embarrassmenY that we're not dealing wiCh it. We don't i 10
~ i l want to wind up lii<e these other rivers in the Lower 48 ~ 11
12 that wind up working themselves info au intractable ~ 12
13 posiYion, and if we don'Y stay on top of things, we're ` 13
14 going to wind up in that siWaYion. ~ 14
15 MAYOR PORTER: Thank you, ! 15
16 MR. ROSS: Madam Mayor, I have a question i 16
17 abouYprocedure. i 17
18 MAYORPORTER: Yes. j IS
19 MR. ROSS: Pm definitely interesYed in ~ 19
20 having Mr. Ruf~ner back up here if proeedurally we can't ~ 20
21 infroduce 9-b subsYitute at this point. We need to ~4 21
22 continue taking testimony on the motion on Yhe floor, or i 22
23 once we do that, if we look at bringing in the subsYituYe, ( 23
24 I woutd definitely like to have fhe oppor[unity to have him ~ 2A
25 remrn to the podium. 25
Paee 10
I MAYOR PORTER: I think Council can call . 1
2 anybody back up if they would tike to. 2
3 MR. ROSS: Procedurally you wish to continue j 3
4 under the present motion? ~ 4
5 MAYOR PORTER: Well, hold on just a-- ? 5
6 excuse me just a moment. Mr. Graves. ~ t 6
7 MR. GRAVFS: I think Council can Yake public ~ 7
8 Yestimony on the main cesolution, and then if tlie i 8
9 substitute is introduced the Council can opt to take ~ 9
70 addiCional public testimony regarding Yhat parCiculac ~ 10
l 1 substitute, tfiaC migl~Y be a good thing procedurally. ! I 1
12 MAYOR PORTER; Okay, thank you. Is there = 72
13 anyone elae from the ganual public who would like to be ? 13
14 heard at this time? We have everyone Crained now, see. i 14
I S Thank you. . j 15
16 MR. TARBOX: My ~same is Ken Tazbox, and my ~ 16
17 address, physical address is 33270 Community College Drive, s 17
IS Soldotna. g 18
t9 And I'm noC here foday to take aposition on f 19
20 ehis one way other the other, YhaYs for the citizens of E 20
21
Kanai to deoida and you to decida. BuC I do rhink that I ~
E 21
22 can provide some additional information to you, haviog been ;= 22
23 a biologist on this river For ovei 20 yeazs now. ~ i 23
24 Back in 1991 when Yhe Department firsf 1 24
25 looked aC the issue, Departm~nt oF Fish &. Game firsC looked ~ 25
Paee I1 i
at tfiie issue, actualty I think Chey were a litfle shooked
to see whaf they found ouY there. -
By sampling the livers in scuipins, wliich is ~~,
smail fish that lives in the bottom of Yhe tiver, which you ~
tlunk would be away from hydrocarboa pollution, they found
elevated enzycnes associated wifh hydrocarbon pollution, and
that was kir.d of a red flag.
The report that I've ~eferenced, and Ibe
ouHined it there in Yhe first page, is from I,eiclifield &
Kyle (ph), it was published in 1992. And in answer to your
quesCion, Mr. Ross, the Depar4nent dropped the ball.
Actually that was a flag that should have been pursued, but
typicai of ngencies Yhings get lost in Yhe shuffle and the ~
budget and priority pmcess '~,
One tliing they did point out, though, was
thaY elevated levels, enzyme levels were associated with
motorized boat acfivity, and you71 see iC right there in
fhe repori~. ~
The next three pages in the handout i gave '~~~,
you are actually from DEC's experts, toxicology experts. '
And there has been some discussion about 10 pans per
biilion, whaPs the effect on fish. And in tlieir ~
tri-annualreview,they have actuaily,these 5ve
toxicotogists, Ph.D. toxiwlogists, developed a 200 page
report, iYs on the web page, and I've extracted this.
And the thing thaY caught my eye was even a:~ ....
low levels of 1 part per billion, they were seeing
sublethal effects on rainbow trout, which is an important
species on a nver, but even more importantly rainbow trout
are in the same genus as salmon.
So at 1 part per billion - fhe standacd is
10 parts per brllion -- they were seeing su6lethal effecYS.
They were seeing deformed skeletons aY 1 part per billion
and some other impacts. On fish embryos they were seeing
poor hatching success. So we're talking about a real risk ~
l~ere in terms of the resources of this river.
I also Yook ouY the execuCive summary, which
is page 4 of your handout, and even at lower levels, aY .4
parts per billion there is adverse effecfs on herring.
Now one of the reasons - this was with
Alaska North Slope crude, so iYs diffzrent than the gas
we're putting in the river, but the boftom line in these
foxicologists' report was maybe She standard is too high.
So there was no discussion of raising Yhe standard and
making iY higher; there was a discussion of lowering it.
And I jusY wanY Co put that into your risk analysis
decision making.
When I read your ordinance, the Hrst fhing
that jumped out at me was Chat there was a number of
staYements in Yhe "whereases" that wece just not suppr:. _.
4 (Pages 10 to 13)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Dxive, Suite 100 Kenai, Alaska 99611
KENAI CITY COi]NCIL MEETING 1 I/21/2006
~ 1 by Yhe data; in faot, they were jusE wrong. AndT don't ~ I just one moment. Is fhere any comments, any quesCions for '
2 lmow why that is, but one thing, when youYe looking at ~ 2 Mr. Tarbox? Councilman Ross.
. 3 scientific data, iPs easy to draw some wrong conclusions '~. 3 MR. ROSS: I hope you stay, because I thinlc
~ ~ 4 if you don't fully understand the process. And one of the ` 4 Councilman Moore's proposed substitute is one I'd I~ke you '~~
5 things that kept coming ouY was, well, it only violated in ` 5 fo look at and comment on since you've got into the other
6 the river £or a couple days or a few hours. ` 6 "whereases". Buf are you familiar with this document thaf :~
7 ~ Well, if you just make that statemenY, ~ 7 I referred to earlier'1
8 thaYs true, but if you look at tl~e history of sampling, in ~ 8 MR. TARBOX: The classificaYions? Ndt as
9 2006 only four days were actually sampled in the nver and '~~; 9 specific as Robert is, just generally.
10 it violated on fwo of those days. And you can ask RoberC l 10 MR. ROSS: Where it talks about Cafegory
11 later, but estimates have been made that probably over half ~~~:' 11 III, waterbodies at risk and waterbodies needing cecovery
12 Yhe days, or at least half the days ouY in the nver in the } 12 are addressed in Che action phase by: Prioritizing
13 month of 7uly, are violating the standard. ~ 13 individua] waterbodies for acYion; identifying and
14 The other thing is the sampling was done ' 14 implementing protecYion or recovery aeYions; evaluating the ~a<.
15 down where mixing was occurring wet] below where the = 15 succesa oPprotection and recovery aeYions and directing
16 fishery was talzing place. If' one was Yo go up and actually ; 16 waYerbody for additional information.
17 sampte in Yhe fishery, these levels would probably be much _ 17 It sounds to me like -- and I'm reading from
18 higher. G 18 page 13 0£ fhat documenf, the IasY paragraph again rePers
19 The studies were not designed Yo took at how ! 19 to nearly all CaEegory III waters are shown here i~ thts
20 many days we're sampling or what areas the river had the ~ 20 integrated report. IY sounds to me like, under Category
21 highest concentraNon, because Yhe eriYeria Yhe EPA uses, ~ 21 III, we have the tools or the poYentiai fo addeess this
22 if you violaYe ouce in three yeazs yoube violated the : 22 situation.
23 sYandard, Now DEC doesn't go along with that criteria, but : 23 MR. TARBOX: Weli, I think thaY we were
24 once you violate you violate. ~ 24 Category III when tha issue was first identified. RighY
25 And so I've writTen some commenfs on your ; 25 now, with the six years of consistently violating the
Page 14 p~ Page 16 ~~
1 "whereases" on this ordinaace so you can see where I think f 1 criteria, with esrimates of over half the days in 7uly
2 youYe wrong in terms of tlse conclusions that were drawn i 2 vio]aYing, I don't thinl< we're any lon~er aY a Category
3 there. ~ 3 III. We're a Category V. This is an objective cnteria,
4 If you pass by my eomments, because I only ~ 4 it's noY subjective.
5 have a few minutes here, there is actually a summary tabte :: 5 So once you violate, you4e violating. And
6 of ati the days that were violated, and this came from the = 6 we violated oonsistenYly, and there has been no ac:tion
7 Watershed Forum from 1991 atl Ehe way through 2006, and : 7 taken. And I thinl< what tbe interesf of Kenai, and I hate
8 plaees where violations occurred. And you'l] see river '. 8 to speak Yo the interest of Kenai, but I watched the City
9 mile I.5 violates pretty consistently. And with the ~' 9 of Kenai come to the Board of Fish and asl< for things, and '~`
10 rowin di net boat fishe s
g g p ry, personal use fishery, which is p 10 you're subservient to them when you do thaY. You're asking '
s
I I unregulated with motor size and a growing fishery, you'll ~ I1 for them to be tl~e regulatory body.
12 see that on af least one day in 2006 it looks like over ! 12 I think what a Category V doea for the CiTy
13 half the hydrocazbon polluGOn came from that fi~hery. j 13 of Kenai is it makes you equal stakel~olders in the DEC
14 T7~at fishery is not regulated by DNR, It ~ 14 process. It gives you equal voice with the Board of Fish,
I S I~as nothing fo do with the motor restricdons tliaC are j 15 and DNR, and ADF&G af the table.
~ 16 coming out in your proposed regulations. So there is a I 16 Right now if you stay at a Category TII, the
17 whole component of the fishery there that is noC under any j 17 agencies who will decide the furive for you will be DNR,
18 regulatory authority right now in this issue. i 18 ADF&G, and the Board of Fish.
19 MAYOR PORTER: And Mr. Tazbox -- ; 19 MAYOR PORTER: Councilman Ross.
20 MR. TARBOX: I'm going to end it right now. i 20 MR. ROSS: What would be the difPerences in
21 The last thing that I have to say is I did attach a United ; 21 the processes the agencies take between a CaCegory III and "
22 Cook Inlet Drift Association has suppor[ed Yhe impai~nent, ~ 22 a CaTegory V on a problem they have aGeady identified?
23 so has the Kenai Area Fishermen's Coalitioa And my i 23 MR. TARBOX: I think you should ask DEC on
24 commenCS to DEC are attached just for information for you. E 2G that one, because I'm not that familiar with iC.
:. 25 MAYOR PORTER: You might want to stay there '. 25 ivlIt. ROSS: Thank you.
Page 15 ~; Page 17 ~
5 (Pages 14 to 17)
PENNSULA REPORTING 907/283-4429
ll0 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COUNCIL MEETiNG 11/21/2006
1 MAYOR PORTER: Thank you. Okay, you might j 1
2 wanC Co stay available hera. Any other comments ~om the ~ 2
~ ~ 3 general public? Mr. Morse. ? 3
4 MR. MORSE: Mayor Pori~er, Council members, 3 4
5 cifizenry, my name is Aazon Morae, I liv~ at 36630 Virginia ~ 5
6 Drive. ( 6
7 There is three levels o~F which I come to you ,` 7
8 as an individual tonight. One is I'm an educated chemist; i 8
9 two, Ibe worked over 35 years in heavy indush'ial water j 9
10 k'eatment which deals highly with indusdial eontami~ants; i 10
I 1 third, my well is within 40 feet of fhe Kenai River, I'm af ~ 11
12 mile 19. j 12
13 The language -- and first lef ine say the ~ 13
~ 14 currerit resoludon d~at's here fo oppose the river being ~ 14
15 impaired is -- I'm highly opposed to. The river is r 15
16 polluted at these points in time. The fact of fhe matter ~ 16
17 is, iPthis was Tesoro, if it was Agrium, if it was i 17
18 ConocoPhillips, they would be shut down. Tt~ey could not i 18
19 discharge. ~ 19
20 The things that we're using here they are ( 20
21 calling azomaeie hydrocarbons, Chat's not perfume. ~ 21
22 Perfumes are azomatic. These are poisons. They aze toxio ( 22
23 fo fish, they are toxie to people. IY poCenCially pollutes f 23
24 my well and contaminates my grandchitdren. ~ € 24
25 So I would strongly suggest [hat you take a 3 25
Paee 18 ~;
1 position to correct the situation while you caa Listing ; 1
2 tl~e river as impaired is a step in correction. As far as i 2
3 potlution, this is only the fireC really Ievel oP ~ 3
4 poltution, Yhe fact that the hydrocarbon is right there in e 4
5 your face. S 5
6 The next level is there is a huge amounY of ~ 6
7 sediment in the river thaPs filling up the lower river, i 7
8 that comes off of the bluff Yhat I live on, by the way, and } 8
9 primarily from the erosion of high water and excessive "~ 9
10 motorboat traffie. And the next pollution level is sound. 0 10
ll I doo't know if anybody has been out Yhere on ehe river ; I1
12 when iPs rip roaring fishing time, buY iPs incredible, i 12
13 Thank you very much. i 13
14 MAYOR PORTER: Any quesYions of Mr. -- are ~ 14
15 there any quesYions? Seeing none, thaok you very much for t IS
16 your comment. . g 16
17 MR. MORSE: Uh-huh. ~ 17
18 MR. RYPKEMA: Good evening I'm Jim Rypkema ~ 18
19 from the Depanment of Environmental Conservatiott Divisio n t 19
20 of Watec I know you guys liave the issue here and yoube i 20
21 kind of asked some questions here from DHC. 21
22 We are cuRently right now doing the public ( 22
23 process for the integrated report, and we enoourage 1 23
24 conunenes and et cetua about the integratad report. Again, i 2A
25 please be sure Co comment on that ; 25
Pa~e 19 ~
The effort of DEC, we're committed to
working~with any and all the groups that are associate~`" ~-
with the Kenai River to try to come up with resolutio`
reso]ve lowering the I~ydrocazbons. And I know webe ~'
briefed it at flie Kenai Watershed -- or KRSMA board
meeting. I Imow the data l~as been briefed there several
times in the past, especially Uack in 2003 when the smdy ~~~~...
was done, and subsequent years afrer that for the other ~'~~~..
surveys that were done. So I- the issue has been around '~.
and et cetera, so I guess webe Ueen riying to communicate
with it, and t1~aPs all I have to say. If you have any
quesYiona. ~
MAYOR PORTBR: Are there any questions for
Mr. Rypkema? Councilman Rass?
MR. ROSS: Yeah, I do. I don't suppose --
to me the issue isn't a matter of the word impairment. The
way I read it, Category III is an~impairment, or a
suspected impaiiment.
MR. RYPKEMA: A lot of our waters are .
probably in thaY category. We're still gathering data, et ~
cetera. The Kenai River was gathenng data for Yhat for
some time now, and it was --
MR. ROSS: When it was put into CaYegory III ~~
an impairment was identified, or a potential for
impairment, going back to 1991, is that coaect, on
hydrocarbons?
MR. RYPKEMA: I believe so, sir. Ibe only
been with the Department fo~ about six months, so bea~ wirh
me for my history oF eorporate knowiedge.
MAYOR PORTER: IPs a leazning curve.
MR. ROSS: I'm trying not to be unfair.
What steps -- to your knowledge, what steps have been Yaken
Yo address hydrocarbona while we were in a Category III
impainnent? VJhaY steps has DEC or any of the agencies
taken?
~ MR. RYPKEiidA: To answer ffiaY, I k~ow tlzat
iYs been briefed at previous watershed forums. Other than
tliat, sir, I know iYs been -- I've heard - I don't have
reco~d of it or anyYhing Iike that, but Pm oPYhe
understanding that if was bnefed here at the city before
in the past.
MR. ROSS: I've spent a few years on the
KRSMA board representing tlie city, and I don't recall at
any time people saying, you have an impairment there that
will lead to a CaYegory V if you dodt address this, and
people, leC's start talking at the assembties and fhe
oouncil meeTings about some options he~e, wheYller they be
reducing ehe amount of idling time of engines, changing out
engines, things like t6is. Did I miss something, or did we
do nothing atl these years we've been a CaCegory IIS? i
6 (Pages 18 to 21)
PENINSULA REPORTING 907/283-44Z9
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COLTNCIL MEETING 11/21/2006
~ 1 MR. RYPKEMA: I can'e answer thac well ` I. paRies together.
2. enough for you, sic I know that the HItSMA boazd is ~ 2 MAYOR PORTER: And I think fhatwould also ;
3 working on coming up with options and comin~ up with a !, 3 help all the groups, the user groups, you know, get
. ~ ~ 4 special board to loolc af that si[uation. j 4 [ogeYher and diacuse it with~us, eoo, because iEs very
5 MAYOR PORTER: Thank you very much. We have '~~: 5 important that we take the right action, the city, because
6 another question. ~j 6 it does affecY u~ so much, and thaPs juct my commenG
7 MR. ROSS: I'll give you another six months ~ 7 Councilman Eldridge.
8 fo find the answer. ~ 8 MR. IILDRIDdE: Yeah, just a couple comments.
9 MAYOR PORTER: We have anothec quesrion. '; 9 I do Imow that tliere were a few steps taken fo fry ro get
LO Councilman Molloy. ~ 10 rid of some of ttte two cycle engines and upgrade them to
I I MR. MOLLOY: Thank you, Mayor Porter. I '~ ll £our cycle engines, and fl~ere was some stipends available
12 wanted fo follow up on one of Mr. Ruf'fher's comments. ` 12 to help people do thaC.
13 Because you indieated that DEC is here, and iC has to do t 13 VJhat Pm concerned about is Ehe mosf recent
14 wit12 the DEC and EPA thing, and he was indicating that ~ 14 diing tltat t received today in the mail, DNR, is that flieir
I S t'here was a risk thaY EPA might sfep in, and I was I 15 solution now is to upgrade all the engines to 50
t6 wondering if you could give us a little infocmation on 6 16
~ horsepowe~, four cycle, four stroke engines, and this
17 that. Would tha[ leave ue in a situation lilce maybe a Fish ( 17 somehow is going to eliminafe some of the pollution problem '=
18 & Game rype siR~aNon that fede~al took ove~ because the i S 8 and supposedly reduce the wake action along tl~e banks of
19 state wasn't doing what they were supposed to do with Hsh ~~~, 19 the river.~ So ChaYs DNR's solution Yo the probtem, iY's
20 and game. Is it anything like that7 C 20 just out on the street today.
21 MR. RYPKEMA: EPA has the final authority on ~'~ 21 MAYOR PORT~R: Councilman Moore.
22 approving the lisf of Category V. I know that d~ere is the ! 22 MR. MOORE: Thank you, Mayor Portec Just a
23 prevalence of data out there for ic. EPA is most likety ; 23 couple pe~spective questions for you, [f the Kenai River
24 goi~g to. Other eUan that, I can't speculate for the { 24 is designated impaired, what does it take for thaY body of
25 other - ; 25 water to become unimpaired? Ibe heard several difLerent
Page 22 j Page 24 ;
l MR. MOLLOY: Sure. BuY I guess my question ; 1 versions or thaories on how it gets off, and what is the
~~ 2 is whaY happens to the process then? If EPA did thaf, does * 2 pmcess for gefting of~' Chat list?
3 that take DEC and ow tocal stafe out of the driver's seat i 3 MR. RYPKEivIA: LePs see, I have it at the
4 of coming up with the solution? Does the federal agency ~~~~. 4 bottom of my stack of papers. There is roughly about six
5 come in and Yake over then, or how does YhaY work? E 5 elements for it to go back to like a IV-B listing, or
6 MR. RYPKEMA: Specifically, sir, I would ~ 6 even -- ~vhat you're go~ng Yo end up having to do, a work
7 assume that Yhe EPA would take more of a driver's seat in ~ 7 plan is going to liave to be esiablished to somehow or
8 tl~at. : 8 anotller reduce Yhe hydrocarbon levels. Now fhaPs gomg to ~:
9 MR. MOLL,OY: Thanlc you. ',= 9 take probably a realni of different -- iPs going to take a
10 MR. RYPKEMA: BuY I would -- '~, 10 realm of different folks fo sit doum and wock togefher as
ll MAYOR PORTER: Just a comment from myset£ ; 1 I to make a woperative plan for thaf.
12 As I'rn sitfing here thinking to myself, this would make a ; 12 Once that plan is in place in the cenfer,
13 heelc of a work session witl~ alI oP the parties invo(ved '`, 13 then monitoring would have to occur. And then along wifk~ €
14 And the ICenai River (blank spot in tape) Kenai, it really ~ 14 tl~a.t, once that monitoring has shown that it is on a road
15 is. ° 15 to recovery on thaY, then iY can be removed froru that I
16 iVIR. RYPKE?vIA: No, nq absoluCely. ; 16 mean, it's going to have to -- a recovery plan would have
17 MAYOR PORTER: IPs the reason we're here, f 17 to be established that would be able to be monitored and
I8 basically, and iYs onr heritage and everything. So I ~ I S show that it is reducing.
19 Yhink in the future, since you're new, too, when fhese kind ~'19 MR. MOORE: Just a follow-up question.
20 of issues come, it would be grateful to the City of Kenai ; 20 ivLAYOR POK1"ER: Yes, Councilman Moore.
21 if a work session was held so that we would have more than i 21 MR. MOORE: Is there any limitation to how
22 just unti] December the lst to make some type of public ? 22 many bodies of water per year you can release from yow~
23 comment so we could sit around the table and aetually ? 23 statewide lisfl Zs there any limitaYion on how many bodies ~~-~
24 discuss this as the only topic that we're dealing with. ; 24 of water you can release per year7
25 MR. RYPKEMA: We believe in getting all the i 25 MR. RYPKEMA; Release as in?
Page 23 ! Page 25 '
7 (Pages 22 Yo 25)
PENINSULA REPORTING 907/283-4429
I10 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COiJNCIL MEBTING I 1/21/2006
~ 1 i~IR. MOORE: Ibe been told that you're I 1
~
.~ 2 limited -- the DEC, when you have Category V bodies of ~;~ 2
~ 3 waYer, you're limited to how many you can release from thaY ~ 3
4 designation per year. ~ f 4
~ 5 ?vtR. RYPKEMA: Not to my Imowledge, sir, no, ,; 5
6 MR. MOOR~: I see other people i 6
7 (indiscemible). ~ 7
8 YIR. RYPKEMA: Are you looking at TMDLs, is i 8
9 that what you're looking for? ( 9
10 MR. MOORE: I'm not sure, It was a story ~ 10
11 ttiat I heard that you've got so many bodies of water that I 11
IZ are Category V impaired now, and if the Kenai River goes on j~~~ 12
13 tl~at list it will get in line. IC eodld be 25 years before i 13
14 iPs ~eleased, regardless of the plan or things that -- ~ 14
15 MIt. RYPKEMA: I thinlc what you7e refemng ~ I S
16 m is possibly the ~development of a TMDL, Sometimes Uie I 16
~ 17 ereation of a TMIJL and et cereca on thaY, we have it ~ 17
18 scheduled out for 201 I, buY before we would issue a TMDL ~ 18
19 for it, the idea is diat we would like Co work on a ~ 19
20 restoration plan and have thatimpleme~ted before a TMDL ~ 20
21 would be established. ~ 21
22 :~IR. MOOR~: You're kind of speaking over my ; 22
23 head. 7ust make it simple. Aow many bodies of water last ~ 23
~
2A yeae did you retease ftom being impaired? ? 24
25 MR. RYPKEMA: I think iY's in ffie integrated ~ 25
PaQe 26 ~
t report. ~ 1
2 MR. MOORE: I think 1 saw that I didn't { 2
3 pick up on thaY: ~ 3
4 MR. RYPKEMA: There is no set water. { 4
5 MR. MOORE: How many bodies of water in Che 5
6 state are Category V? , 6
7 MR. RYPKEMA: I don't have a figure at my '.; 7
8 fingertips, sir. ~ 8
9 MR. MOORE: Thanks. 9
10 MAYOR PORTBR: Covncilman Ross. ~~ 10
1 I MR. ROSS: You c an thank Mr. Tarbox for the ; 11
12 line I'm going to go on now, because he kic]<ed the ball to ( 12
13 you anyway. ~ 13
14 But you do have tools or resources available ; 14
IS under Category III. Under Category III you're sitting j
IS
16 there and youYe 1ooking at some things that you can do +
I 16
17 o~ce you've idenCi6ed a problem in order not to get it to 1] 7
18 Category V. In fact, going to Category V, and maybe I'm ~ 18
19 reaciing too much into the language, says for non-atkainmenY 1 19
20 of inezting standards, which woutd seem eo imply that you f 20
21 have done something, Aren'f there tools available under ~; 21
22 Category III to address this problem7 ~ 22
23 MR. RYPKLMA: My understanding is is iPs I 23
24 been -- for whaYever reason, the history has shown that it ; 24
25 hasn't moved, and whether the various agencies have or have ; 25
Page 27 f
not worked with that, I don't know those right now.
MR. ROSS: And here is where I'm having a.. ~
real difficulry. We want Co go Eo Category V Co force !
agencies to work Cogether is kind of what Ibe heard, yet
that throws out a sign that says Pais river is -- might as
wel] have an open septic tank running in it, tt~e sewer
treaCment plant dumping raw in it, becaose thaPs what the
message is at Category V.
Category III is impaired. Cafegory III
presumes that you4e going to do some things if yoube
identified a problem, but we're in a situation where we
have a short time fo commenf on going to fhe most impaired
status, and all I've heard from the testimony is because
the agencies won'[ work fogekher unless you Yell us t1~aC,
boy, this is really bad a~d noc just bad at III. Hnve [
missed the point7
MR. RYPKEMA: Sic, I believe [he agencies
have been hying Yo work out a~lan wiYk~ the various user
groups.
MR. ROSS: Under d~e Category III?
MR. RYPKEMA: Under the Category III.
MR. ROSS: I don't recall anything --
MR. RYPKEMA: Sir, I don't ]mow the detaits.
MAYOR PORTER: Okay, thank you. Mr. Kock~
would like to ask a question.
MR. RYPKEMA: 1'he one thing is if you hc
commenYS, please issue fhem to the integated report ~oinY
of contact.
MR. KOCH: Jim, I appreciate yoube been
there six months. Ibe been here since March and in sort
of the same deal, and I got the same reactions from the
KRSMA board on Saturday when I told them fhat.
DNR has put forth proposed regulations that
would inereasa fhe horsepower limit to 50 and al1 of the
motors would have to be four strokes or direct injection
two strokes. IPs my understanding that that
identificarion would at least comply with the 2006 EPA
emission standaxds for outboard motors, is tl~at right,
Robert?
So in its proposed form, is that not a work
p1an, or is Yhat not a work plan that the Department of
Environmental Conservation would accept?
NIR. RYPKEMA: How do I want eo say this7
Right now we'xe open for any and all options for that, for
a plan. Rigl~t now thaY would be part of Yhe comment
period, put into the commenY period for the integrated
report, sir.
MAYOR PORTER: Thank you.
MR. KOCH: It really does sound like the
agencies won't work together, Now it has to be -- ;:___ ..
8 (Pa~es 26 to 29)
PENINSULA REPORTI':vG 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COiJNCIL MSETIVG 11/2ll2006
1 MR RYPKEMA: I'm not trying to point the
2 ball Co the infegrated eepoR, bue hvly the plan would I 2
3 have to come up into fhe integrated cepoR as that goes. j 3
4 Whether the proposa] to go to ll~e 50 horsepower, e: cetera, '~ 4
5 we don't have sufficie¢t dah aY hand to say whether iPs ~ 5
6 goiug to be totally betfer for non-polluting the water or ~ 6
7 not at this point. ! 7
8 MR KOCFI: Has DEC worked wifh DNR at all to ~ 8
9 have those kinds of discussions wich fhem? ~ 9
10 MR. RYPKEMA: In my short period of time, ~ 10
1 I sir, yes, I have met with DNR, yes. ` I 1
12 MAYOR PORTER: Councilman Molloy. ; 12
13 MR. MOLLOY: Just a question on ; 13
.4 clarification and follow-up to Mr. Koch's comment. I've ' 14
15 read a lot to paper like everybody else on this issue, and i 15
16 I may be confused. $ut it was my understanding chaC fhe ~ 16
17 proposed regulation on the 50 horsepower didn't cover the ~ 17
18 lower f ve miles of the river. So they would be exempt ~ 18
19 fron~ that? In other words, if thaPs passed, it wouldn't ~( 19
20 affect the lower part -- the lower Sve miles, is Yhat ~ 20
21 right? (~ 21
22 MR. RYPKEMA: For Yhe 50 liorsepower IimiY? ; 22
23 MR. MOLLOY: Yes. ~ 23
24 MR. RYPKEMA: Sorry, I ean'C reaily speak to ( 24
25 the 50 horsepower limit, thaPs really DNR. The ~ 25
Page 30 ';
I information Pm bringing about the integrated report and j 1
2 the cunent move to go to the 50 horsepower were rotally ( 2
3 separate events, we did not handle those. k 3
4 MR. MOLLOY: Thank you. .> 4
5 MAYOR PORTER: Thank you. At this time if i. 5
6 it's okay I'd like Yo geY other public comment. Councilman ! 6
7 Swarner. I,~ 7
8 MS. SWARA'ER: I guess I have a question for ~'i 8
9 the gentleman from DEC. Are you based here on the i 9
~ 10 Peninsula? ~ '10
l l MR. RYPS~MA: No, ma'am, I'm stationed in ~ 1 I
12 Anohorage. I'm the non-point source progratn manager, whieh ~ 12
13 covers the endre sfate. ~ ~ 13
14 MS. SWARNER: I'm sorry Yhey are feeding you ~ 14
I S to the wotves. . 15
16 MR. RYPICEMA: Thank yoa [ 16
17 MAYOR PORTER: Councilman Boyle. ~; 17
18 MR. BOYLE: Thanic you. Actuully, as I'm ;^. 18
l9 listening I'm tk~inking we were asked today, we were given `t 19
20 this resolution. And this resolution in a form, or in a I 20
2I
seose, 3s asiting Yhe Ciry Counoil to make a statement. My g
p 21
22 inCecprefation, and another's cai~ be diPferent, my ~ 22
23 interpretafion is that the statement we're being asked to i 23
20. make is [k~at the river is not impaired. ! 24
25 So I pexsonaLly dodt be(ieve fhat I'm an f 25
Page 31 ~
expert enough to make that decision, and maybe others on
the Council aze, buY I Chink that's one of those things
where we take advice from people, others more experienced
than us in that area and then we make our decision.
BuY speaking to some other issues, I think
that when we look at the river, we depend oo Ehat a~d we
depend the good health o£Pl~at, and if the 8sh go away,
then the fish are gone, which will geatly affect this
area. And so wiCh that in mind then I have troubte stating ~~.
that there is no problem. I'm not going to sYate -- I'm ~.
not being asked to state Uiat there is a problem, I don't
Chink, what I'm being asked to do is state fhat there is .
not, me as a councilxnan, and I do have a proUlem stating ~.
fhat. I Cake issue in sYating there isn't a problem. '~
So I wouid Glce to see us ~ither wiUhdcaw '
this modon, (indiscemible) this moNoa, and then perhaps
as a Council we can come together wiCh the adviee of the
expertisa that aze available to us and then make a
statement --
vIAYOR PORTER; Councilman Boyle.
MR. BOYLE: -- more Y}~oughts that can
represent the ciry and iYS Pee(ings toward how we figure '~,
this. '~~..
MAYOR PORTL+R: Councilman Boyle, at this i
time we're having public commenf. Could you maybe save !
Page 32 I
that for Council participation, yes.
~ ivtR. BOYLE: Oh, I didn'C reatize that.
MAYOR PORTER: Okay, thank you. Yes, ;vic --
MR. ROSS: Just a point to clanfication,
and I don't know if tl~is should have gone to Mr. Ruff~er or
not. The data that you're reponing for lower river I
gather is accumulativel In otl~e~ words, everything that
flows down that mer, in fact many, many times it slows
down he~e at the mouth, so thaPs more o~Fan aecumulative
effect than whak is being created in and of itself in that
little area, is that correet?
MR. RYPKEMA: Yes.
MR. ROSS: Okay. ThaYs Yhe way flte
sampling --
MR. RYPKEMA: As you goY all fhe diffecenE
boats on the nver, each one of Yhose are confibuting.
MR. ROSS: So when you're reporting a liiglt
number down at the lower end of the river, that ~mmber is a
result of whaf all 6as flowed down from up above, not
necessarily what was generated in tliaf area?
?vIIL. RYPKEMA: No, I would tend to say it's
kind of a mix of bofh, sir. IYs kind of like a flow oY
sheam, and you srill have water -- a plug of water, sliall
we say, going down, a column of water going down. Some ~
iC will mix in t(te center.
Page 33
9 (Pages 30 to 33)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Dxive, Suite 100 Kenai, Alaska 99611
RENAI CITY COUNCIL MEETING 11/21/2006
~ I The hydrocarbons, especially ouY of Yhe 2003 F 1
~ 2 survey, showed that the hydrocarbons were tluoughout the j 2
. ~ 3 entire waYer column, 6oth ho~izontaily and vertically j 3
4 tluoughout the channels of tlie water. s 4
5 MR. ROSS: What I'm asking, though, is ~ 5
6 excepY during a dipnet period we don't ceally have that ; 6
7 much outboard traffiq leY's say, down here below the : 7
8 bndge. So the hydrocarbon that you4e experiencing fhat ( 8
9 (indiscemible) would seem to me to have beeu all flie ! 9
10 Irydrocarbon thaPs flowed down and aceumulated. s 10
11 MR. RYPK~MA: Well, the waCer still has to ~ 11
12 firnnel out tl~rough the ocean, sir. So it's still ali going 7 12
13 as a whole channel out. ~ 13
14 MR. ROSS: I understand that, but it stows I~ l4
I S dowu considerably when if geYS here fo tlie mouth. C 15
16 MR. RYPKEMA: Right The concenYration is ~ 16
17 down here in Yhe lower portion of the thing, and that is f 1'7
18 the only area Yl2aC's being impaired in fhat respect ) 18
19 MAYOR PORTER: Mr. DeMello. ~ 19
20 MR. DeMCLLO: I liad a quesrion on ttie i 20
21 difference between Category V and Category III. How much ~ 21
22 more would be done as a Category V, how much more drastic ~ 22
23 would it be as opposed to as a Category RT in trying Yo ~ 23
24 work togetliec more, I don't ]mow who could answe~ tl~is fpr 1 24
25 me. And as a Category V, about how tong would it take to ~[~. 25
Page 34 ~
~ , 1 get back Yo a standpoint of non-impaired and to a good ~ 1
2 poinY? ~ 2
3 MR. RYPKENLS: Okay, to answer your question, j 3
4 how long it would take. It would require upon what the ; 4
5 actions are, Yhe various people, the users of the river ~ 5
6 take fo reduce the petroleum hydrocaz~bons, whatever forms ~ 6
'7 and meYhoda that are employad to do tfiat. 7
8 Theze is a number of differenf factions, and i 8
9 I don't want to go inEO the differenf options of what could ~ 9
l0 be played, bacause fhaYs really what I think is left for a } 10
1 I different group of people. I don'Y mean a differenY group ( 11
12 of people, buT for all the parties to be involved in coming ( 12
13 up with a resolution for Yhat. BuY I believe it could ~ 13
14 happen reallyquickty or it could Yake a very long time, iT ~I 14
IS depends on what is chosen as to the options for thaY. ~ 15
I6 Your other quesTion was a difference between I 16
17 III and V7 ~ 17
18 i~IR. DeMELLO: Yeah, how much more can be i 18
19 done as a V that we can't ba doing as a III2 I 19
20 MR. RYPKEMA: The problem is is onee you've 's 20
21 accumulated enough data of reasonable occunences, ir kind ~ 2l
22 of lends itself to being categorized as a Category V. We ~~~' 22
23 have a history of Imowtedge of knowing that the elevated ! 23
24 hydrocarbons are during the month of 7uly from 2000 to - 24
ZS 2006, so there is enough repetifion of data thaC ldnd of f 25
Page 35 ~
lends it,elf on that
But the answer is -- the other part I'd like ~~
ro srress to you is, you know, we're open for the
inTegrated report eomments and a center for that, and you; .
comments are greaely appreciaCed.
MAYOR PORTER: Mr. DeMello is our student
represenYaCive from the higl~ sohool.
MR. RYPKEMA: Wonderful, C1~aY's great.
MAYOR PORTER: Thank you. Is there anyone
else in the general public that would like to be I~eard at
this time. Thank you.
MR. LANDUA: My name is Jolm Landua, I live
at 1520 Toyon Way in the ciYy of Kenai. And I'm a ehemical
engineer by trai~ing and have also worked on industriai
hygiene, so I lmaw a little bit about toxicology. That's
not really what I'm going Yo address here. ~
I want t'o speak directly to the resolution
f(iaE - the drafr resolution that you (iave before you,
which is tabeted E-9. I also have a 9-a and a 9-b here
which are~ inYeresting to me.
Pirst of all, I want to say that -- I can'Y
say thaY yet, UiaYs 9-a, sorry about that.
t can't agree with Che jvsrifications that
are set out in tUe p~eambles to the existing ~esolution,
which is labeled number 9, 2006-64. I Cl~ink that the best
poinY I can malce is that the tabLe ChaYs Iaid out in ther~..
in support of'the preambles to YhaY resolution really put a
spin on fhe daYa that don't belong there.
I think fhat when I read through the
criYeria thaC ADEC supplies in [heir documenf - I'm jusY
going to call iY the document here •- if you71 tum to
page 16 and take a look af it you9l see thet it says
there, pecsistent contamination is key for their
determination.
MAYOR PORTER: Excuse me, are you looking
at -- when you say page 16, are you looking aY fhe overview
and the approach Yo fhe criTeria?
MR. LANDL'A: I'm looking at the document
titled --
SPEAI~.'R; This is fhe inYegsated report.
MR. LANDUA: Public notice draft, yeah, the
integrated report, thank you very much, integrated report
is Yhe nomenclature, page 16, lasY paragraph. °The Yerm
'persisfenY is key Yo determination if a surface waterbody
is impaired."
Okay, I rhink YhaY this has been going on a
tong fime, thaTs been spoken to already so I won't
elaborate on that, since'91. We have 15 or 16 years and
I'm sure it was going on before that.
The second poinY that I would lii<e fo make ,~ ~
10 (Pages 34 to 37)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Diive, Suite 100 Kenai, Alaska 99611
KEl~'AI CITY COUNCIL MEETING i l/21/2006
~ ~
1 ie that the ADSC staff appazentty baliaves the data ie ~ 1 inooiporates the I~2SMA acea, but aiso incorporatea the City
;
, 2 credible. If you look on page I8, there are several poinYS j 2 of Kenai's overview, at leasf in tl~e tands around tlie mouth
3 that are made here. First of all, fhey are talking abouY ;~ 3 of the river.
~ 4 Yhe evaluation, [hey say that, "Credible daYa and ': 4 In that parCicular area we lmow we have
5 in£ormation indicates that the waterbody may be impaired.' E 5 several seafood processors, and tliere are severa] setnet
6 They are puYting it in Category V because, in their = 6 fishermen that operate dieir vessels in and ouf of that
7 professional assessment, credible data is available Chat ; 7 azea for loading.. Tliere is vessels ChaY are used by the
8 indicates that. ; 8 processors to unload driR~boais and setnet boats as well.
9 Now, again, PII refer baclc to Yhe table and ~ 9 Obviously some of them have vcry large morors in order to
10 the staff discussion on the preambles, and I'll just say ~~ 10 fish out of the mouth oFYhe Kenai and travel up to
ll thaC I think thaPs a reassessment of the data that doesn't ' 11 Salamatof beaches, fo €he west side of the InieY, Kalgin
12 belong -- doesn't beiong, period. Ir doesn't fiY with the : 12 Island, and Yo tl~e north parts of Kalifornsky Beach. So
13 da.fa Yhaf's come up over the last few years. '.. 13 with Yhat we're a little reticent about asking for a liammer
14 Also Pd like to point out, Yhere is a i 14 without irnowu~g the ~iae of that hammer.
IS section that sfarts out some section 303(d) designated ~ IS Atfhese questious thaY I asked this
16 waters. The last senYenee in there, "This approach is ~ 16 aftemoon at Yhis feleconferenee I couldn'C gei a clear
l7 designed to prevent fhe listing of waterbodies with ! 17 answer on Yliat. It was, weit, we71 work togetl~er, we'll
18 inconclusive or circumstanTial data andlor observations ~ 18 work rogether. Obviousiy Yhere is some fiusEration in
19 alone." s 19 thaC.
20 So the pro£essiouals who loolc at water ~'. 20 We definitely would like to sit down with
21 quality believe that this data is persisfen~, consistent, ~ 21 all the user groups and work out a preptaa And personally
22 and credibte. So I really waut to object to tbe ! 22 my view is tliaT a V eategory is unwarranted at this time
23 "whereases° thaY would disallow in your resoluCion or ask ; 23 We91 look aY a IV-B category as a step that may be moce
24 ADEC not to list fhis as an impaired waterbody. I believe I 24 appropriate. I think YhaC tlie issue is out there. I
25 the dafa supporCS it in spades, and I would like to see a ~ 25 Yhi~ilc - I don't think Ehat resoluYion 9-a is ouY Chere
Page 38~_.~.. .w _ ._ ._._._~.. _._ ~ _._... ~ _ _ . ~.. Page 40_
___~.__~ ~__~ __..~ __~.____e.~__W__,.~~_
i <
~ ,
1 recast of the resolution tliat allows or agrees witli Che ; I yet, but I'm a little confused at whether that supports the
~~~~ ~ 2 fact, I think, that iPs impaired, accordi~g to these : Z listing as a Category V, but I do see it supports a
3 criteria. ; 3 wngregapon of difFerenf usec groups to get t~ogether and
~
~ 4 If we do that, then we'll foroe the a eneies
g ( 4 epaak with this iasue.
5 Chat ace involved to go into acCion. And iPs clear for i 5 And quite frankly, I hafe the piecemeal
6 the tasY 16 years that tLiey have not take~ any action, for ~ 6 aCtihide we have for the Kenai River. We need a all
7 what~ever reasoa So IeYs go ahead and IeC Chem do it and I 7 comprehensive plan. IPs notjust two strokes, iPs not
8 IeYs move ahead ThaPs all I have Co say. Thank you i 8 just w6efher a 50 or 40 or 35 is going to make a
9 very much. : 9 differeoce. We haven'f seen 8~e boaC wal:e study, thaCs
10 MAYOR PORTER: Are tilere any questions7 i 10 still available to us. I sat on Ehe KRSMA board many years ~
11 Thank you very mucls for tesdfying. Is Chere anyone eise t 1 I trying Co see ihe final results of that and we still
12 in nc~ general public who would like to be heard7 Come oa € 12 haven't seen that.
13 Hello, Mr. Shadura. ~ 13 We need fo incocporate all fhis
- 14 MR. SHADURA: It's getting late he~e. Madam ~ 14 documenCaYion and the users Eogether and aIl the entities,
15 Mayor, councilmen, my name is Paui Shadura, my address is i~ I S the goveming bodies, inYO a comprehensive plan Chat's
16 P.O. Box 1632 in Kenai. i 16 going Co last for many years so we don't have to feel that
17 I'm here as an individual commercial % 17 we`re feared by the federa] govemment coming in and doing
i g
18 fisherman today, setnet fisherman. I was at a ; 18 some onerous things upon us.
19 teleconference this aftemoon with DEC representaGve Nancy ;~ 19 So fhat is definit~ely my opinion, and I
20 Sonafrank, and trying to aek them some questions on whaC ; 20 would support anyYhing that the Council-- tllat the Ciry
21 Yhe total maximum daity load plan is. ( 21 Counci] does to faci]iCate fhose diseussions, and I tk~ank
22 Our group is in a quandary, and we really do I 22 you.
23 feel that the Kenai River is in a situation that docs ; 23 MAYOR PORTER: Thank you. Any questions to ~:~ '~~~
24 require some assistance right now and some cooperation. ~i 24 Mr. Shadura? Tl~anl< you very much. Anyone else in the
, ~ 25 ~ UnfortunaCely the proposed area by DEC not only ; 25 genera] public that would like Cu be heard on this?
f Page 39 i Page 41 :
11 (Pages 38 to 41)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CTTY COUNCIL MEETliVG 11/21/2006
1 MR. ROSS: Mc. Shadura didn't sign in. ! 1
i
2 MR. BUTLER: Madam Mayor, members of the f 2
3 Council, my name is Jim BuYler. My residential address is ; 3
4 171I Kalznu, city of Kenai. ~ ( 4
5 IPs been interesfing. Pm not a technical 4 5
6 person when it comes to hydrocarbons. Ibe had the ; 6
7 opporiunity to work in spills in the pasC as part of my ~ 7
8 professional walk, but wheo you get down to parts per s 8
9 billion, £rankly my eyes kind of glaze ovee. You falk ~ 9
10 abouC Yhe Yeaspoon in the swimming pool, and if you drink ? 10
I 1 Che water (2ow long wilt it Take and all tl~at. ; 11
12 I guess m~hat Pm more interesYed in in ,~ 12
13 eommenting on is, is as you consider Yhe resolution before ~ 13
14 you and some substiNtes, is sort of how we got to where we ~ 14
15 are. Really i[ Uas been my sincere pleasuce wer the lasC ! 15
16 few yea~s m work with agency people ffom DNR, from DEC, ~ 16
17 from Fish & Game in different waiks, and they are all good ', 17
18 folks and they all try to do their job, buY whaC I find is ~ 18
19 when Yhey all come together the system seems to fail, but { 19
20 for some reason you kind o£ run into Yhis HaYfield and 'r 20
21 MeCoy. And as I've observed it, what it seems to be is the i 31
22 extemal forces that seem to congregate when they get `i~~. 22
23 together collectively to try to make a deeiaion on behalf I 23
24 of tlle public good. 1 24
25 Yoube got economic pressures, yoube got f
; 25
Page 42 i
1 political pcessures, and regrettahly you have personai ~ I
. 2 influences who can actually materially affect where { 2
3 agencies go when Yhey are trying to make good public r 3
4 policy, and I think unforiunately the Kenai River is sort ~ 4
5 of the center of that, and the debate we have about this (~5
6 level of pollution is a big part of that. ~ 6
9 Sverybody knows that Yhe city ofKenai is i 9
8 downhill on the nver. What's interesfing to me is the ~ 8
9 nature of the pollution we'ra talking about is gasoline ~ 9
10 range organics. The history of the development of the h 10
1 I Kenai River has been tbe commercial fishery, it's been ~ 11
12 diesel based for the mosY part. We don'Y have a probiem ~ 12
13 with that, V/haf we are is we're Yhe receiver. ~ 13
14 One of the things I've worked in in the 14
I S past, as many of you know, is I've worked in the oii I S
16 pollution world. I can tell you if a company in Cook Inlet 16
17 was Imown to be distributing 600 gailons of gasoline ; 17
18 anywhere, forget the fine, they would be loolcing at ( 18
19 handcuffs. The N'ational Pollution Diacharge PermiC for all ~ 19
20 of Cook Intet allows, from the besY of information I can ' 20
21 eolleeY, about 300 gallons a day in all of Cook In1eY. 24 ~ 21
~2 fbot tides, sand, all of Cook Inlet, the indushy. We're I 22
23 talking 600 gallons on tt~e Kenai ~Rivar that comes by our ~ 23
24 doorstep through the month of July on a daily basis. s 24
25 One of the concems I've heard expressed is ~ 25
Page 43 ;
ehe concept oF sYigma associated with l~aving fhis
designation as an impaired waterbody status. I depart from~--~~~
many of my fellow fishermen. I don't care about the ~
srigma, I'm more worried about my kids and how we're g~.. ~
to treat this river as sediment wltears over the years.
Frankly Cook Inlet is clean, and I'm proud
to say Yhat I fish in Cook In1eL VJhaPs regrehable is is
the politics of this nortU of the bridge/south of ti~e
bridge. The ciry of Kenai has had imposed on it a
fremertdous growing fiehery that's not subject to the four
sYroke condiYions fhat's goi~lg fo be nortU of Yhe bridge
wiYh the 4Q 50 horse.
I think that whae you need to do is get
youraelf to the fable, and if being impaired gets the City
oFKenai to [he table where fliey can jerk the ear of the
commissioner of Fish & Game or DNR or DEC, then thaPs
where Che City of Keuai needs to be. Take flie gloves offf.
Forget messing azound wifh this thing Por 15 more ycacs
while we can'e get agency people Co sit down af fhe tabte
and come up with a decision because tHey i~ave got somebody
who has made big eontributions or has political influenee
to drive where this decision goes. ~
Whatever you do tonighe, please don't go
againsY rhe impaired status. The data is clear. If you
don't undersYand the implications of it, thaPs fi~e, and I
applaud the Council for not taking a position [0at they a~.
noC comforYabte with. Bud please, don't let Che City oF
Kenai be Yhe only eneity in the whole Kenai River de6at~ to
say we're not willing to go on the record to say iYs fime
to ctean up the pollution. Thank you.
i~fAYOR PORTER: Thank you. Any questions of
Mr. Bufler? Whoa, Councilman Ross..
MR. ROSS: Do you draw distinction between a
Category III, a IV and a V as far as level of impairment?
NIR. BUTLER: Absolutely.
MR. ROSS: So in your thinking it has ro be
Category V or nothing?
MR. BUTLER: No. I think Category V is a
tecl~nicatity. The data is clear; iPs Cafegory V. They
have the data. Ibe heard some of the technical people
tonight. They have Yhe ]eve] of polluCion to get you
there. I think the thing thaPs Infriguing me that I've
leamed the most in [he last few months I've looked into
Yhis, is Category V puCS the City of Kenai at the table.
You don't have to sit back and wait for Fish & Game to
submit a plan and DEC Co get together with a meeting and
check schedules. The City of Kenai gets to say, we now
havejurisdiction over whaPs happening in our part of the
river that we didn't have before because we wa~t to conVOl
how many boats go in and pollute the river in the lowe~~:. ._
12 (Pages 42 to 45)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 9961 I
KENAI CITY COLTNCIL MEETING I1/21/2006
~ 1 river. ~f 1 i~Terest. They are not required to come up with a writfen
2 MR. ROSS: How do we have any different i 2 plan. IC's voluntary, nof prescripYive.
3 jurisdiction than we do if we were involved in Category III ; 3 MAYOR PORTER: Councilman Moore.
.,~ 4 discussions? ~: 4 MR. MOORE: Mayor Porter. Thanks for
. 5 MR. BUTLER: The difference is the =; 5 coining, Jim. Second Yime or third dme Pve heard tomght
6 discussion or the requirement to come up wit6 a plan of ~ 6 that this CaCegory V designaGon wil] get ehe Ciry of Kenai
7 aftaclc The difference is how many people have we all i 7 to the table. And I'm following Yhe same line as
8 Imown in Fllaslca who say, some day I'm going to build a i 8 Couocilman Ross, I don'C think we need any designation or
9 house, and somebody acCUally gets a blueprioi out and '~ 9 any category to get Eo any table. We conCrol aeeess to Yhe
10 builds iC7 ~ 10 Keoai River on our boat lau~ch, If we want to tomon~ow say ;
11 And what we're going to do is be forced to " 1 I thaC U~ere are no outboards Yo be launched at tliat la~mch,
12 come up with a blueprin[ to build a house that cleans the = 12 that's wliatwill happen, am I wrongl
13 river. And as I understand it, is that it - after the '. 13 SPEAKER: That would be conect.
14 years of understanding Ehe level of inforcnation about ~ IA MR. MOORE: We're ready to come to Yhe
15 pollution thaC's going into the river, and IeYs face it, : I S table, and I'm disappointed it's taken thie meeting tonight
16 we know where the poiluGOn is coming from, that they have ~ 16 to hear thaY we're invited.
17 to come up witti a plan to gct off the list If Yhey don't % 17 MR. BUTLER: If I might, Vladam Mayor. ICs
18 have to come up with a plan to deal with the pollution ''r, I S the agencies. The City of Kenai and Che City of Soldotna
19 that's not on the list, fhey can just continue Co do what i 19 and U~e Bo~ough, I ttrink as loeat folks, are trying to do
20 they are doing. They can put four strokes in north of fhe ; 20 the best they can. But ultimately DNR controls what goes
:
21 bridge, forg~t aUout the level of contamination in tha , 21 on in Yhe park on Ehe ~ivec. UlCimately Fieh & Game
22 lower river, iPs not their problem, DNR doesn't tall< to i 22 conttols the method and means of harvest and what ki~d of
23 DLaC abouY ChaY. IY all becomes Ged fogethec ~ 23 boats can be out there, and ultimafely DEC is goi~g to be
24 . So I don't lmow if I'm answering your ; 24 the one that gives the reporC thar EPA looks at.
25 quesGOn, Councilman Ross, buC I fhink Che difference is S 25 I'm a big fan of the Cify of Kenai. I dodt
Page 46 ; Page 48
~, . ~ _ r _.__. __ __~._. __ _ ..m ~. __ _ _ . _ . .~. ~~ m__ ~.~ .. _ w..__w.__ _ ~____. ~_. _ . __ '
<
~
1 tl~ere is a requiremenC To come up wikh a written sYraYegy i 1 doubt where Chey are coming from ~ I think we have to
~ 2 Yhat the players agree on. To Yhink that they az~e all .; 2 figure ouY a way to get She agencies to sit down antl
3 going to somehow change their stripes and eome together l 3 cooperate.
4 after they haven't done it for I S years seems to me to be, ~ 4 MAYOR PORTER: Councilman Molloy.
~
~ I woutdn't say naive, but I would say - ` 5 MR. MOLLOY: 7'hank you Mayor Porter. So Mr. ~~:'':
~
6 MR. ROSS: My question was specific as fo k 6 Butler, if I'm undersfanding whaC you're drivin~ at in part
7 what is the difference of fhe input of She Cify of ICenai aY ~ 7 would ~elafe fo the requireme.nts. Is it your view fhen
8 a Category TII and a Category V? It seems to me that the ~ 8 that the City would be able to come to the table under the
9 city's input is one of giviog tesrimony, whether iPs a III ~ 9 requicemenCS to~better look ouf where the interests - to
10 or a V. I don't see where we have a different Yool ~~ 10 balance the inEeresCS of our dipnef fishery and our
I 1 available to us. ) 11 processors with, you know, oCt~ec interests?
12 MR. BUTLER: IPs my undersYanding fhat in ~ 12 MR, BUTLER: Madam Mayor. All users, all
13 light of the facY that the eity has probably the largest E 13 usera Because whaC happens up river will materially
14 two shroke engine boaf ramp in the whole Kenai River, that E 14 affect what accumulates in the City of Kenai's portion of
15 the ciry would be a player about whether or not they decide ~ 15 the river.
~ 16 to say no more boats in fhe dipnet fishery, because we ean j 16 MR. MOLLOY: And if we're not Chere we mn
17 meet our goal by getting rid of the dipnet fishery very ~ 17 the risk of tilat being over -- having a better chance of
18 easily if everybody north of the bndge has a four stroke i 18 being overloaked?
19 engine, and you'd be forced to be af fhe table. i 19 MR. BUTLER: I don't doubt that the City of
20 MR. ROSS: Madam Mayor, I don't want to j 20 Kenai wil] go to the meeting, I'm h-ying to stress that
21 belabor this, but fhe way I read Category III we could do ; 21 IPs the ag~ncies who have allowed us to getto Ehe point
22 thaf, too. ? 22 where we're ]ooking aE this impaired status aft~er over a
23 MR. BUTLER Correct. The diFference is 1~23 decade oPdata. And iYs nnforiunaYely tt~atthe agencies
24 you're not required to do it. They are not required to do ~ 24 have not found Yhe eatalyst to bring ua together, and
~ 25 if. They are not required to accommodate the city's i 25 perhaps maybe that's the eoncent, is we need thaY catalyst
Page 47 Page 49 I
13 (Pages 46 to 49)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alas]<a 99611
KENAI CITY COiJNCIL MEETRVG I 1/21/2006
1
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4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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MAYOR PORTER: Thank you. Counciiman
Swamer.
MS. SWAR'~TER: Tha~lc you. I guess going
along with the cozeunents about closin~ off the boat ramp and
oot letking anyone go on, how are we going to eliminate
boats coming &om the, you Imow, down below tlie bcidge that
were lannched somewhe~e else? We can'C control that, can
we?
MR. BUTLER: Madam Mayor. There was a whole
host of options. IPs like an a la carte menu. And I
think Representative DeMello asked a good question earlier,
is how fast can you get something done. This problem could
get fixed overniglrt, but the polirieal consequences and the
economic eonsequences wodt tolerate that to happen. You
~o to a drift only river and you get rid of all outboards.
We recognize thaY that's not an option. All I'm saying is
that we look at this sort of a la carte menu. What happens
up river coutd materially affect what happens down river.
Again, the agency people are good. I fhink
their leadership had been highjacked and the economic and
political and personal interests have driven thar to puY us
to where we are Coday. IY's a regrettable place, but
Yhat's where we are.
MAYOR PORTER: Thank you Mr. Butter. Any
othec eomments from the genecal pubtic? Okay, publie
Page 50
I ivlr. Landua? Councilman Ross.
2 MR. ROSS: JusY a question. Sir, if this
i
3 was amended to state "does noY supporf the designaYi<
4 Kenai River as a CaYegory V impaired af this time," lea.._.s
5 levels of impairment below YhaT opeq would Yhat change
6 your testimony at all?
7 MR. LANDUA: No, not realiy. I do agree
8 with the impaired status, and with all due respect Yo fhe
9 City Council az~d staff, I don'Y Yhink you should go there.
10 I don't think you shouid get into fliat.
11 I Yhiiilc iPs -- wl~at the agency has done in
12 this case is finally the right Thing to do, and 1 think you
13 should take that to heart and move ahead and get the
14 problem solved using the impaired status as a lever.
I S MAYOR PORTER: Thank you.
16 MR. LANDUA: Thank you very much.
, 17 IvIAYOR PORTER: Is there any other public
' 18 commenE regarding Yhe subsfitutel
', 19 MR. MORSE: You've heard the -- excuse me,
'~ 20 Mayor, Council members, citizenry. Aaron ~Iorse.
'~, 21 The river is impaired. Tecbnieally tl~e data
'~. 22 proves it over and over again. VJhat you need to do is have
'~ 23 the baekbone to cancel this or amend it and say the nver
'~~. 24 is impaired so thar we have the power to pull Yhe groups
'~. 25 together and not tatk about it any further, but devetop an
; PapP-~?
1
2
3
4
5
6
7
&
9
10
11
I2
13
14
15
t6
17
18
19
20
21
22
23
24
25
hearing process is closed, bring it back to Council.
Councilman Molloy. ~
MR. MOLLOY: Thank you, Mayor Porter. I
move to introduce, or adopt substitute E-9-a as offered.
MAYOR PORTER: Okay. Is there a second to
the subs6tufe for E-9-a7 Second for fhe substitute7
Seeing no second, dies from a lack of a second. Pleasure
of Councit7 Councilman Moore.
MR, MOORE: Thank you, Mayor Porter, T
would move Resolution No. 2006-64 substitute B.
SPEAKER: Second.
MAYOR PORTER: Been moved and seconded to
substitute &9-b. Is fhere anyone from the general public
wl~o would like to be heard on substifute E-9-b? Please
come forward.
MR. LANDUA: John Landua agaiq 1520 Toyon
Way. I would urge you to not pass E-9-b, and I'l] be very
direct.
1'he reason that I don't lik~ it is because
it, again, sets aside lhe issue of impaired status for the
waterbody. I think it's importanf to allow that to happen.
ThaPs all I have to say about if.
MAYOR PORTER: Thank you.
MR. LANDUA: Please don't pass this one.
MAYOR PORTER: Are there any comments for
Paqe 51
I action plan so something happens. Thanks. ..
2 MAYOR PORTER: Thank you. Do you have any ~++~,'
3 quesNons here? Councilman Moore.
4 MR. MOORfi: Thank you, Mayor Porter. Thanlc "
5 you, Mr. Morse. i just can't help it, but what power does
6 the City of Kenai give anyone by supporting an impaired
7 status?
8 MR. MORSE: What power does if ;ive anyone?
9 MR. MOORE: Yeah. You asked us lo declare
10 this river impaired to give you the power to do --
I I MR. MORSE: You actually begin w pull in
12 the governmental sysfem on it so something has Co happen. ~~
I3 In other words, there are levers that are puiled into gear,
14 directives, Uasically, that something has to happen. In
15 othe~ words, Chere will be change, we won't taltc about it
16 anymore, there wil( be change, and you can sit at the table
17 and you can be part of the change.
18 MR. MOORE: And without our recognition or
19 agreeing that iPs impaired, we don't have a seat aE the
20 table, we don't get to be part of the plan, we don't get tc>
21 help fix the river7
22 MR. MORSH: And I guess what I would see it
23 as is you get to acknowledge. In oCher words, rather tha~
24 be in denial, you rea(ly get to aclmowl~dge that we
25 understand the issue, that we're up front and we wa~t +~~ ~
~..~.~, ,,,,v.~> ~.,.., ,. ~..F .. ~w ~ rP~~. ,..~'
14 (Pages SO to 53)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 ICenai, Alaska 99611
KENAI CITY COLJNCIL MEETING 11/21/2006
1 make a correction. IPs a matter of coming out of denial. ~~ 1 MAYOR PORTER: Thank you. Councilman Moore. :~'~:
~. 2 MR. MOORE: No, I'm a]ong ways from ~ 2 MR. MOORE: Thank yoq Mayor Porter.
3 understanding fhe issue. I 3 Thanks, ILen. So talce me back ro you~ DNR theory. I
: 4 MR MORSE: Okay, thank you. ; 4~ undecstand you're saying ehat if we went to 50 horse four
5 MAYOR PORTER: Thank you very nmch. Thank ;~ 5 stroke that hydrocubon levets coutd acmally increase?
6 you. ( 6 MR. TARBOX: ThaNs con~ect.
7 MR. TARBOX: I actually came back to get my ; 7 MR. MOOR~: A'ow take me from that point --
8 pea Ken Tarbox again. I jusY want to give you an exampie ~ 8 the ciry's involvemenC, City says wc agree that the river
9 when you're struggling with this as fo where your authority ~ 9 is impaired. How is th¢c going [n cha~ge what DNR juse
10 is. ~ IQ did4 Or take me down the road to how we could changethae?
I 1 DNR has the regulation on t:t~e books right $ I 1 MR. TARBOX: Well, hopefully -- what Pm
12 now to go to 50 horsepower four stroke engines above Che i 12 saying is that Yhis regulation wouid have nevec made it to
13 bridge, aud everybody is saying ChaPs going to solve the : 13 tl~is poinE in fhe pcocess if'we were under an impaired
14 fuel problem. That's wrong. And I'll submit this into z 14 status. I woul~l hope that DEC having confrol, louking at a
I S evidence for you, if yo~ excuse my coffee sCains, i 15 total reeovery plan for the river, would not allow these
16 This is DSCs own atsalysis on four stroke 1 16 u~ilaCeral actions. ThaPs what I'm looking fa-, is to
17 engines. If tl~e whole river goes to four shoke engines as F 17 stop the unilateral actions. Because if DNR does somethmg
18 opposed Co wherc it is right now, Ehere is acNally more i 18 tha['s counter to Ehe interests of the Ciry, theyjust do
19 fuel that goes into the river than whaC's presently going '~. 19 it unilaterally, and that's what I think is happening here.
20 in the river. You've had no inpuC Yo Chaf. That means ~ 20 They may, in Pact, inerease poilueion i~ the upper civer
21 that you may, in Lacf, have higher levels at the Watren ~ 21 which causes you to havic even a g~eater problem.
22 Ames bridge when you have to dea] with ihis issue i 22 MR. MOORE: Okay, thanks.
23 unilatecally, because thaf's wltat you91 be doing is I 23 MR. TARBOX: I'll eubmiC Yhis and send it to
24 dealing with it unilaTerally iF you don'Y have this e 24 you.
25 impairment s[atus. ~". 25 MAYOR PORTER: Coffee stains and all. Just
Page 54 j Page 56
_ _ ___~__ _ __._, . ~_._~~ ._ __. ~_.. _..
.~
a~.. '
;
~_ _-__~.._~.~~_.~~ u.w.
I So I want you to recognize tt~aC, that you ~ 1 say tk~ey are from the river. Okay, anybody else Prom the
~~ 2 weredf even ac the ta.ble when this regulation got pushed ? 2 genecal public who would like to malce a wnm~ent on the
3 through. And here is the data that DEC presenfed at a E 3 substitute E-9-b7
4 meeCing that said actually the fuel levels may inerease, r 4 MR. RUFFNER: I didn't leave my pen up here,
5 okay. j 5 but I'll siYback up here.
6 The ofher thing on the impaired status, what I 6 Again, Robert Ruffner, executive director of
7 it does is iYSets some time[ines. The direcfor of waters I 7 the Kenai Watershed Forum, and thank you for the
8 for DHC said that with this impaired staNS the timeline is ! 8 opportunity to speak again.
9 2011. In other words, they have to come up with a recovery ~ 9 I toq agree, I think that having beeo
10 plan by 2011, oCherwise you have to do a total maximum F 10 involved in this very closely for ten years, I tk~ink the
I1 daily load analysis, which forces anothec step of fureing :~ 11 right action to take is Co aupport an impaired status, and
12 them to tnke care of this issue. IInder a III I don't think ~ 12 IeYsjust get iY done.
13 they have to do that, there is no 201 I deadline. ; 13 Having said [hat, I can also appreciate the
~
~ 14 So I just wan[ed to pass thi¢ on and show ' 14 position of the Kenai Peninsula Fishermen's Association,
15 you tliat fhis is complicated. INs far from easy to solve. r 15 and I'm not sure what f6e righc or -- same thing, the
~
16 BuY it couid very well have fhe Board of Fish impiement ( 16 sma.ggte that they have had, and having had much more time ~
17 ~egulaYions on the personal use fishery, iC afPecta your ~ 17 than this ro ta& abour it, and the same struggle that [
18 use across the doek, if could have DNR actin~ unilaYerally ~ 18 Yhink I see happening with the individua] Council members ~3
19 that CoYally ignores the Board of Fieh process. ThaY's why ? 19 up here,
20 we're where we're at today, is each agency Looked at whaf i 20 So I'm looking for a solufion here, So when
21 was their self interest and what tl~eir user group and f 21 I read this, just tabting iY would be a good salution, just
22 political pressure was putting on them. i 22 not malcing a comment on this would be fine. WhaYs nor -
I
23 And the classic history of resource ~ 23 fine, in my opinion, is the 7th "whereas" in particular,
24 management is divert and delay if you'rc a regulator; and ; 24 and thaPs just saying °no, we don't support impaired."
25 thaPs what chey have done for 15 years. I 25 Because that really -- that sends the message, and I
Page 55 ; Page 57 '
15 (Pages 54 to 57)
PENINSULA REPORTIri'G 90'7/283-4429
I10 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COUNCIL MEETING 11/21/2006
. 1 understand your sttuggle, Rick, I raally do, but it sende [ 1
2 the message thaC, yeab, we've been in Category III for I S ~ 2
~~ ~ 3 years, iPs okay, we91 just stay Chere. ~ 3
4 And~ I don't think thaYs tfie message tiiat { 4
~ 9 you - I don't think thaPs the message that anyone wants { 5
6 to send. I think we've cleared one big hurdle here, and i 6
7 for a number of years that hurdle was, °we don't really ~ 7
8 have a pmblem, we don't need ro worry about Yhis a[ all." i 8
9 And i fhink most people have gotten over that, that we ' 9
10 ought Yo be doing something. I don't hear anybody anymore % 10
11 anywhere saying "600 gallons a day, that sounds about 'i I I
12 right." I don'thear thak ~ 12
13 So striking the 7t1~ "whereas". And then I 13
14 changing factually the 3rd "whereas" is, °DNR is presentty j 14
I S dratting regulations to require all outboard motors used in 1 15
16 the Special ManagementArea," and, again, that's important. ; 16
17 And so thaPs a change instead of "Ybe whole river", iPs = 17
18 jusf °the Special Management Area." t 18
19 And Che second chan~e fo make it £actually ' 19
20 correet is shiking the, °to be compliant with EPA 2006 f 20
21 emissions sYandasds," t~hey couldn't quite do that, their i 21
~ 22 attomey general came back to them and said we can't use ~ 22
23 that, and I don't understand Che details with that, but ' 23
24 they do have rules in place of "use cteaner moEOrs," I `:,` 24
25 guess thaPs Che language that I sat and pe~ciled in, is ~ 25
Paee 58 ;
1 that they have a pending regulation to use cleaner motors j 1
2 in the Special Management Area. i 2
3 But, again, my~preference would be IeYs go ~ 3
4 whole hog on this, send them a clear message, we're i' 4
5 supporting us coming up with a plan, lePs work fogether fo i 5
6 get off of an impaired waterbody list before we get [o that i 6
7 2011 TMDL status. I 7
8 MAYOR PORTER: Mc. Ruffnex, I'd like to ask t 8
9 you a question. When you say tabling iY -- like the alarm t 9
10 went off- isn't it- don'e we have jusf unfil December ; 10
~
ll the 1st Eo submit eonnnents? ~ ll
12 MR. RLJFFNER: Correct. If you want to 4 12
13 submit a comment saying, yeah, thumbs up on the impaired ( 13
14 waterbody status or thumbs down on it, you do havejust f 14
IS ¢ntil the llth [sie] to make that. i 15
16 MAYOR PORTER: The l tth of December? ~ 16
17 MR. RUFFNER: Excuse me, the Ist of r 17
18 December, yeah. CCP I S
19 MAYOR PORTER: The Ist. See, that doesn't r 19
20 give us rime to table iT. ~ 20
21 iv~Z. RUFFNER; Well, it does. Because what l 21
22 you suggested earlier, if I understood you correctly, was f 22
23 we ought to have a work session, this is complicated. And ~ 23
24 I agree, it is. So rather thanjumping out there and : 24
25 taking on position on something that we really ought to i 25
PaQe 59 ;
have half a day to really wrap our heads around, the
tendency is let'sjump. But I'm concerned that, you kno•~~~~~ .
I see peopie struggling.
MAYOR PORTER: Whaf is the possibiliry a~
asking fhe agencies to delay -- to extend their comment
period?
MR. RUFFNER: I thinic you can asl: for it, T
don't lmow.
MAYOR PORTER: Well, I would think if we
would sort of put ourselves in a position to gef ourselves
at the table, that they might be willing to exfend Yhe
commen4 period. Anyway, Councilman Ross.
iVIR. ROSS: And maybe you're going to punt
Yhis to DEC, I don't know, I'm going to ask you the same
question. V/ould your testimony be tlie same if this was
amended to, say, Category V impaired at this Yime7
MR. RUFFNER; Pm not sure -- you may have
to clanfy,
MR. ROSS: in the IasY "whereas". "The City
of Kenai does noY support fhe designation of the Kena~
River as Category V impaired aY this Yime." We're not
saying - there has been nobody on thia Council Yhat said
tonight this nvec is not impaired, nobody up here bas made
that sYatemenY. 4Ve've aclrnowledged the testimony of Yhe
expertise [hat there is a problem in the river.
MR. RUFFNER: So I guess if's probably
inappropriate but I'm going to do it anyhow.
MAYOR PORTER: Don't do it.
MR. RUFFNER: I struggle with why -- is
the~e something else besides this sfigma?
MR. ROSS: I think, and you can coseeY me
and probably will, but Robert, we have a Category III tilat
gives us an opportunity Yhat we havedt taken advantage of
Yo siY dowo and address tlie issues and correct the
situation.
Category V almoet takes it out of the local
area hands as far as I'm concerned. We end up -- and I~
participated in these groups where agency peopte meet in
the middle of the day wid~out the public present, because
iPs not convenie~zt for tllem ¢o be there, and Yhey sit and
devise rules and so forth.
Category V to me is almost like if our
pubtic safety deparfinent walked in here and said, well, for
five years we've had this accidenY hisfory thaY you weren't
aware of, you don't know anything about it, 6ut here
tonight I'm asking you to declare a mazsha] law, and we91
just go sotve it for you. This Council would go ballistic.
That wouldn't happen.
I have no problem that i£ we end up at
Category V six months from now 6ecause we can't othr ~
16 (Pages 58 to 61)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COUNCIL MPETING i I/21/2006
~ 1 come up with a plan, [hat's fine. As Car aa Che city's ~ 1 they are required by the federa] Ctean Water Act to review x
. 2 position, I would hope tl~at if we do pass tUis resolu[ion, ~ 2 fhese ]iets and change them. And Yhey did one two years
3 we attach fo it verbatim all the testimony tonight from the I 3 ago, and at that time they didn'f really fake up Yhe I{enai
i
4 agencies as well as what was said about agency i a River, they said, we don't have enough data, we're gettmg .
5 cooperadons, and tha[ that go to the commissioner and ; 5 there.
6 everybody else, saying, loolc, we've got a situation hece ~ 6 Before ChaY I think it was eight years
7 and we wanC iE conected. . ~ 7 before they actually revisited this IisY. So they don't -
8 And the Council, if we pass this, is really f 8 they are t~rying to do better because the federal govemment ~_
9 saying, we don't support Category V at this time because 1 9 is encourag~ing them to take over more responsibilities and :`
10 you haven't used tUe tools tha[ were already available to ~ 10 do their job better, but they are slow in it.
11 you. And I would hope that would get us info a more ; ll~ So I really think that, you know, if we want
12 cooperative, community, publie testimony atmosphere like i 12 to address Chia proUiem, we shouldn't deny a state agency
13 we're receiving tonight and t6e options aze on the table ; 13 saying, oh, took, we need to work on this and this is the
14 Chan what will happen if we make iC Category V. 7 14 way we do it. So, I mean, it is a process, we have wor(<ed
I S And my thinking, conect me if Pm wrong, ~.. 15 through the proeess under Category III. We had
16 once we say Cafegory V, now the agencies have got the ; 16 inconclusive or not enough data, which I fhink is a pnmary ~'~
~ 19 tools, fhey can go meet with each other and sit down and E 17 element of a Category III status, am I correcY in that?
I 8 fi~ure ou[ whaYs best for us and best for the river j~ 18 You seem to agree very closely.
19 without -- and I reatize that these would be pubtic ' 19 MR. ROSS: You're saying we did our work
~ 20 meetings, and I've been involved in them, what the public ~ 20 under Cafegory IIT?
21 . levet o~f parCieipaaon is: Select interest groups. E 21 MR. RUFFNER: Pm saying that t~e
22 And right now i£ we're sitting here xnd ~ 22 qualifica~ions under Cate~ory III Yhat keep you in YhaY
23 we're loolcing down the road six months from now, if we ; 23 category is that we don't have enough data to Imow.
24 don't have son~efhing together in a year, Chis is going to j 24 MR. ROSS: So we talked about it.
25 be a Category V, maybe we can get more of a public process ~ 25 MR. RUI'FNER: We talked about it, and I
Page 62 Page 64
1 in the Category III or IV, and I read IV is almost a step ~ 1 think we definitely -- and I think bot~h DEC and EPA are
~~~ 2 down from a V if you have a plan. So it looks to me like '.~ 2 looking at this and saying, we can't pass a red face test
3 you have a choice, III or V, buY Pm noY in the field so I ~ 3 of saying we have inconclusive or not enougn data. IYs
4 don't kt~ow. ) 4 there. And tluowing this back and saying, oh, tePs keep
5 MR. RITFFNER: I guess my response would be ~ 5 this in Category III. Wetl, that may not be the infention,
6 thaf I've been in this quasi public domain doing Yhis kind ~ 6 I lmow iY's not the infention, buf status quo is okay,
7 of work Por 10 or 11 years now, and I Imow you've been i 7 t6aPs the message that I think we wouid be sending.
8 doing it a lot longer than that, and I guess I should be ' 8 MAYOR PORTER: Mc DeMello.
9 encouraged to hear that you would have that kind of ~ 9 MR. DeMELLO: Under a Category V, are the
10 optimism. { 10 a~encies required to work wiCh the Ciry, the local?
I 1 MR. ROSS: (Indiscernible). `.~ ll MR. RUFFNER: They are cequired to come up
12 MR. RUFPNER: No, yoube been doing it a lo[ f 12 with this plan. So I'll tell you Yhat iPs incumbent on
13 longer. But I don't have Yhat optimism. Pvejust seen it ' 13 the City to pay attention.
14 happen so many times that one agency or another, if just i 14 ~ And su the other thing thaY I think is
15 takes one special interesf group to grab a hold of them a~id ~ 15 really interesting that Ibe been discussing wiYh DEC, is
16 take them away. I 16 DEC doesn't necessarily have Yo be in the lead. If we want
17 The means and inethods that Fish & Game ~ 17 to do it locally here, which would be my recommendation,
18 conYrols, they have got to be af the table. They are sYiil ) 18 eitlier working Yluough Yhe HI2SNiA board, whoever wants to ~:~
19 noY at the table, even witfi this threai over it, they are e 19 step up and fake the lead, somebody else could take tl~e
20 still not af tl2e table. And I just don't see how -- unless 120 lead and kind of develop rhe ~ecovery plan. Itjust has ro
21 they are really faced with something thaPs coming Cheir j 21 pass the muster wirh DEC and EPA.
22 way, Ehey are just oot going to be there. i 22 MAYOR PORTER: Tl~ank you. Councilman
23 And that Yhere is a timeline associated with ` 23 Swamer.
24 these [hings, you know, and DEC doesn't have a great track ;: 24 MS. SWAR'~1ER: Thank you Excuse me, so,
~5 record. They aze trying to do better, but every two years .' 25 Robert, from your experience, what would you say if Yhis
Page 63 Page 65
17 (Pages 62 to 65)
PE:~IIlVSULA REP02TING 907/283-4429
ll 0 Trading Bay Drive, Suite 100 Kenai, Alaska 9961 I
KPNAI CITY COUNCIL MBETING 11/21/2006
~ 1 if we voted to pass the resotution thaC said that the river , 1
~~ 2 were impaired, how would that affect our processors at the ~ 2
'
- 3 mouth of the river? ; 3
4 MR. RUFF?~?ER: That's a good quesYion: IPs ~ 4
5 one that I intended Yo try to addrass. Pll try to do this ~ 5
6 quickly. i 6
7 ~ All Yhe sNdies thaC webe done so far, 3 7
8 webe spent a lot of money and a IoY of time doing these : ft
9 studies to identify where the problem is. The problcm is ~ 9
10 ~ot from the commerciat fleet, okay. So the problem is 1 10
11 from d~e in-river Cliinook fishery that occurs, by and ~ j 11
12 ~large, above the Warren Ames bridge in tlie park. That ( 12
13 contributes half or a little bit more than half of the ~ 13
14 problem. So you inherit half of the problem from somefhit2g ~ 14
15 that you real(y have nothing to do with. That comes down IS
16 and then enYers into the personal use fishery. E 16
17 If the persona] use fishcry is turned off '; I7
18 for whatever reason by Fish & Game, you still have impaired II 18
19 waters that have been handcd down. to you even though you ~ 19
20 have no activity in the harbor whatsoever. If the personal ; 20
21 use fishery is on and iPs going fu11 blast, it almose i 21
22 doubles the load. I 22
E
23 Your specific quesNou was the processo~s i 23
24 and the comme~cial -- Yl~e delivery of commercial harvest to ~ 24
25 the docks. We don't see any evidenee that any of this -- I i 25
Paee 66 ;
1 can't see anyUody bringing Yhat up in a plan, that we need i I
2 Yo address that. ~ 2
3 MAYOR PORTER: BuT there is no guarantee it j 3
a wonldn'Y happen? ! ~
5 MR. RUFFNER: There is no guarantee it ~~.~~ 5
6 wouldn't happen. `s 6
7 MAYOR PORTER: Thank you. Councilman. i 7
8 MS. SWARNER: I guess as a Pollowup, then, ~ 8
9 you don'e see EPA or anyone putting any further 1 9
10 T05U'tCYtOriS On Y~1050 ~7TOCB9SOTS? t 10
ll MR. RUFPNER: I don't think the data is r I I
12 . there to support it. In fact, the data is there to support j 12
13 not doing thaE. ~ 13
14 MS. S WARNER: But that doesn't mean that 14
15 they wouldn't. They might? i 15
16 MR. RUFFNER: Yeah. I think it would be a i 16
17 long shot. I think you'd be in a very good defensible ~ 17
18 posirion to keep that from happening. i 18
19 MS. SWAILVER: Okay, thank you. ! 19
20 MAYOR PORTER: Any other questions of Mr . ; 20
21 Ruffner? ~ 21
22 SPEAKER: I guess my commenY would be the r 22
23 semet fisheries, they run kheir boats with outboards and i 23
24 they often will bring their producY back into Yhe river ~ 24
25 with outboazds, so there cerfainly is a potential impact. , 25
I
Paee 6 7 I
MR. RUFFNER: There is a potential impact,
but they operate very differently. .
SPEAKER: On fishing days.
MR. RIIFFiVER; On fishing days tt~ey operafe
difFerently. They are transporEing, they ¢re not using
their boaC as a means o£ harvest, so they aze not in there
for hours idling.
MAYOR PORTER: Thank you. Okay, is there
anyone else from the general public who would like to be ~,.
heard on this? Yes, come forward. ~.
MR. SHADURA: Yeah, Paul Shadura again, and
Kenai address. You asked [he question of sefnetters, I ~
have ro sCand up here right away since I represenC them all ~
in some capacity. ~But iYs not that they are not willing ~'~~.
to inwrporafe son~e kind of different methodologies in what ~
they do. Obviously if there is consideradons to Cakc
place, like speed, you Irnow, and use of the time, I'm sure
they wil] be more than willing to do t6at. They just don't
wanC fo get caughf in this big hammer that requires a huge
expense to their fleets and their operations, wl~ich they
cannot handle rigl~t now, and processors, Yoo, because they
have all these skiffs.
Ijus[ want a clear, simplistic distincYion.
Category III, you don't have enough in£omiation W make a
TMDL. Category IV, you have some information, you have
some kind of plan that may Yalce place rhaf you don'c nec.
Yo have estabtished TMDL. Category V, you establish a
TMDL, you're under that gun, and then you staR doing Yhe
users' apportionment routine, who gets what, how many of
those sources are going to be allowed, which ones at what
time and when. Much more complieated oo the Caregory V.
And Pm not here to say that I'm not into
concem about the impairment with the situation, it is
impaired, buf I surely don'Y want to get into tl~at eomplex
political situation which I always seem to find myself
whenever we talk about Ehe Kenai River. I would much
rather go to a Category IV, it seems like a cooperative
^ature. Within the Category V structure forloggers, for
instance, you're allowed to l~ave some time to devise a plan
and to implement it. If you don'Y implement it, then the
hammer falls. ThaPs kind of how I wou(d like to work
tt~is. I would like Che public to imow tliat ihere is a big
concem, there is a hammer out there, and we need Yo work
togedie~ to get Yo Chis part where we can eeduce fhe
amounts without going into the onerous of who gets what,
when, and where. ThaYs my final comment.
MAYOR PORT~R: Thank you. Anyone else from
the general publie wants to be lieard7 Okay, Mr. Chay.
ivQt. CHAY: Well, I saved you three minutes
by not testifying on the first resolution, maybe a tong .~~
18 (Pages 66 Yo 69)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COLJNCIL MEETING 1 I/21/2006
~ I night, I guess. My name is Dan Cl~ay, I live at 37306 ~ l away tounsm And she said, I don'C Cl~ink tourists are
.. 2 Cetacea, Keoai, just ouYSide oFcity limits, ~? going to get on the web to find out whether the river is an
~ 3 I just had a oouple thoughts, a couple ; 3 impaired body and what Yhat means. I kind of don'Y think
~~ . 4 observations. One, I had a conversation with my younger ; 4 so either.
5 daughfer this motning - this evening she was going off to E 5 If we're able to get together and actuaLly
6 a baskeCball game and I needed to explain to her YhatI ; 6 sYart working construcxively on theproblem, I don'f think
7 might noE tl~ere be for the whole game. And by way of doing ? 7 we're going to have ehe economic impact. And based o~i wUat ~
8 that we had a conversation, and I asked her, would you ~ 8 Ibe heard tltis evening a~~d in my conversations the last
9 support a resolurion by the City Council, the Kenai City ; 9
~ couple days, it doesn't seem like iYs going to have an
10 Council thaf en¢ouraged everybody to get fogether and work i 10 immediate direct impact on commemial fiahertnen. BuC
11 on fhis hydrocazbon emissions problem thaf we're having -- I 1 I knowing how fhe process works, I know thaf's no guarancee.
12 pollution problem that we're having in Che rivec And she i 12 I think we've got a problen~, and even if we
13 said, well, iC depends on w11at fhey were going to do. And ~ 13 knew nghY now that it were tlie commercial fishermen s
~ 14 I said, well, if it were coustructive, would you supporC j 14 problem, we should sYill acknowledge it and not minimize
15 it And she said, yes. And I said, would you support a ~; 15 and deny.
16 resoiueion YhaC objected to designating fhe river as an ; 16 A~~d here for the Council among yaq you
17 impai~ed body. And she said, well, I guess that depends on ; 17 don'r have ro take a positio~ on thaC. A simple amendment,
18 ~ what the impact oPYhaY would be. And I said, wetl, there i 18 you know, would just kind of let that float and let
19 is the question. i 19 everybody know fhae you want to be involved in a
20 And I guess I share with Paul Shadura the t 20 eonsYructive way.
21 concem and the observation, you know, how is it going to ~ 21 NIAYOR PORTER: Thank you. Thank you very
22 play ouC? I know that gwernment is - all forms of large : 22 much Mr. Chay. Is there anyone else from Yha general
23 organizarions, including govemment, are wlnerable to = 23 public? Please come forward
ZR inerEia. IPs much easier Yo say no, iCs much easier to E 24 MS. LANDUA: Hi, good evening. My name is
25 minimize and deny, and it takes a lot of energy Co champion (
i 25
Glenda Iandua, I tive at 1520 Toyon Way heee in Kenai.
Page 70 ; Page 72 ;
~
1 the resolution of a problem. ~ 1 At one point in time Ibe worked for both
~~ 2 One of the benefits of having this 1 2 the B~rough and Fish & Game in pemiitting and environmenfal ~~~;
3 eonversation abouY Category V impairment is fhaY suddenly ; 3 review, and I tell you thatjust because I want ro let you
4 you guys, after I S years of maybe contribuling a little bit ~~ 4 know that I understand how oomplex and high profile the
5 here and there, now aze engaged. VIy concem over the long ~~ Kenai River is and how very important the decisions around
6 term is that as a community we're able to engage reaLly 1 6 it are. I also know that ehe political pressure for any
7 well and seriously and make sure thaY wo solve the problem. ~' 7 decision, every decision that comes down that affects the
8 Tl~ose aze my comments. ~ 8 river is complicated, and you've all been involved in it
9 MAYOR PORTER: Ques[ions for Mr. Chay? ~ 9 for many, many yeazs, so 1'm not tetling you anything new.
10 Actually, I have a question for you. If fl~e City of Kenai I 10 But Pmjust pcoposing an option in terms of
1 I decided to make this a-- recommend ChaC we atso consider ~ I I language addiNon. Inscead of basieally saying "whereas",
12 it to be an impaired river, you as a commeroial ~ 12 I do -- well, just let me say that I do support fhe
13 fishemian -- I assume you're still a commeroial frsherman~ ~~~ 13 impaired lisdng.
14 MR. CHAY: My family commercial fishes, buC ( 14 But what you mght be able to do is qualify
15 I dodt. I I S what you are supporting and what you understand tlixC ro
16 MAYOR PORTER: Right, okay. ~. 16 mean. So instead of saying that you support the V, just
17 MR. CHAY: Ac[ually I go down there, I was ~ 17 [he Category V listing, say: Whereas, you understand that
18 down there once last season on a commercia( fishing duy. `] 8 it allowe, oc that:t requires and prio~itizes probtem
19 My children are tttere regularly, ; 19 solving tha¢ it allows until 201 I to ~esolve rhe waeer
20 MAYOR PORTER: Okay. My question to you is, I: 20 qualiry issue to show progress, significant progress, and
21 by doing that, does that impact the sale of your~ fish7 : 21 whereas it will involve bringing the scare agencies as well
22 MR. CAAY: CaEegory V? ~ 22 as all the stakeholders, including the City of Kenai to the
~ 23 MAYOR PORT`ER: Yeah. ~ 23
i table fo work on awork and recovery plan, that you suppoR
24 MR. CHAY: I don't know. (Indiaeemible) f 24 fhe DF.C's efforts to wo~k on Che problem. And that's nll l
25 said -- I said one of the concems was tt~at it wnuld drive E 25 have to say.
Page 71 i Page 73 ;
19 (Pages 70 Yo 73)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Snite 100 Kenai, Alaska 99611
RENAI CITY COiINCIL MEETING 11/2I/2006
~ I MAYOR PORTER: Thank you, Ms, Landua. Any t 1
2 questions of Ms. Landua? Nq thank you very much. Is : 2
~~ 3 there anyone else from the general public who woutd like to 1~ 3
4 come forwud and speak? Seeing none brings us back to i 4
5 Council. Councilman Swamec ~ ~ 5
6 MS. SWARNER: Thank you, Madam Mayor. I I, 6
7 guess I would like to Imow if there ~is anyone in Che ~ 7
8 audience &om the Department of Naturaf Resources and ` 8
9 Depariment of Fish & Game representing tl~ose agencies? F 9
]0 MAYOR PORTER: Seeing none, thank you. i 10
11 Comments from Council? Councilman Molloy. i 11
72 MR, ?~fOLLOY: Thank you, Mayor Porter. I ;] 2
13 don't support E-9-b as written. The main reason being ~ 13
t4 number 7, the "whereas" ctause that Mr. Ruffner pointed 4 14
I S out. As Counci( membec Ross said, no one here has disputed ? I S
16 that thece is probtems with the ~iver, and we imow thac an ? 7 6
17 impaired listing is a negative, there is no doubt about [ 17
18 fhae, buti~s kind oPalreedy outthere. i l8
19 And whan you're looking at fhe pros and ~ 19
20 cons, you know, for me a definite pro a6out Yhe - and why ~ 20
21 I don't support the iesolution is that the impaired listing f 2i
22 requires the ageneies to come Cogefher ¢o work with tLe i 22
23 ADEC in Che tead and maybe somebody loeat, maybe KRSMA if ~ 23
24 that wodcs out, to formulate a plan. And I think looking ; 24
25 to~ the, you Imow, the p~eservation of the resource, Phe ~ 25
PaQe 74 ;
~
1 renewability of the resource, as Mr. Butler was pointing ~ 1
2 ot~t, iYs important That we do tliat and it's important that ~ 2
3 we have a seat af Yhe Table Yo make ThaY bappen. I guess ~ 3
4 so I can't support it with that in it. ( 4
5 The other question that I have really, oc C 5
6 the issue that I have is wiYh "wheceas" number 3 for a { 6
7 different reasoo. I understand what Mr. Ruffner was
f ~ 7
8 suggesting, tbaY he was Yall<ing about (blank spot in tape) ? 8
9 we're supporting, you lmow, YhaY regulation one way or Yhe i 9
10 other without having any detailed informaYion on it. And ; 10
11 by including that in the "whereas", we're ceally saying i ll
12 that we're supporting what they aze doing with that ? 12
13 regularion. So that's my objection to that, too. ~ 13
14 ~ So those are the two reasons I have for the ~ 14
15 reasons tl~at I have Yor not supporting it. I guess I would j I S
16 rathec table than pass E-9-b. ~ 16
17 MAYOR PORTER: Thank you. Any other = 17
18 wmments from Council? Councilman Moore. ?~18
19 MR. MOORE: Thank you, Mayor Porter. I i 19
20 guess I have to ask the question, you know, why -- why is '~:~. 20
21 everybody here tonighY7 Wl~y are all the departments and i 21
22 interesYed members of the public here tonight? The only s 22
23 reason thaf Yhey ace here is because we, as a Council, 1 23
24 asked for it to be a discussion item on our agenda. It ( 24
25 wasn'Y because any deparfinent, any agency came to us and ( 25
Paee 75 ;
says, hey, we're aying to figu~e out ifwe should go to
impaired status o~ not, what do you guys think ~
I've been getting inForma~ion in the
newspaper and the radio, not fi•om any agency, so tha[ '
bothe~s me. But now [6at we've put it on our agenda there
is this urgency for this Counci( to admit thae t~k~e Kenai
River is impaired, end i find fhat troublesome ac we1L It
puES me in a position to say that I don't care about the
river, wl~ich is totally false, you know.
Yeus ago when the Kenai Rivec Special
Management Area was foesned, the Council foughC very hard at
that time to ]eave the lower five miles out of tl~e Special
Management Area. W e had -- our ergumant at that time was
tk~at we had taken care of that river for hundxeds of years
and done a very goodjob aY doing ehat, and we continue to
do tl~at. We were suceessful in leaving the lower part of
the river out of the Special Management Area.
We would be remiss not ro step up W the
plate on ehis issue and become part of the solution, and I
want to be part of fhe solufion. I don't want to be forced
into admitting something or saying something about the
rner that I don'C understand. So thatbeing said, I think
iC's important that we recognize that there is a pcoblem
with the Kenai River.
Tonight Pm not ready to say iPs impaired. .
Call thaY Ynvial, petty, I don't know, bur I'm not ready ~'~~~~
Co say iC's impaired. I don't believe YhaY if Yhe Counci]
said iYs impaired is going fo trigger some landslide oP
cooperation amongst the agencies.
In interest of getting a reso(ution passed
that sends a message to the public fhaC Yhe Ciry o£Kenai
cares about the Kenai Rive~, I would offer an ame~dmenY to
delete the 7t1~ "whereas" of my resolution.
I would also, as part of that amendment, i~ .
the 3rd "whereas" eliminate the word "Kenai River" and
substitute that wirh "Special Managemene Acea", and I would
delete the words "compliant with the EPA 2006 emission
standards "and replace that with "cleaner motors".
MAYOR PORTER: Second? Councilman Ross.
n~IR. ROSS: Madam Mayor, I'd like to splif
the motions (indiscemible).
NfAYOR PORTER: Okay, let's take the ficaC
one firar, the 3rd "whereas". We have an amendment on Yhe
floor for the first "whereas". Does everyone anderstand
that?
MR. ROSS: (Indiscemible).
MAYOR POF.TER: Okay. Could you repeat the
motion.
MR. MOORE: I can do it Por you. In the 3rd
"wl~ereas" I want to delete the word °Kenai River" and;'
20 (Pages 74 Yo 77)
PENIIVSULA REPORTING 907/283-4429
I 10 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CTTY COLJNCIL MLETING 1 I/21/2006
1
substitute if with the words °Special Management Acea", i
( 1
THE CLERK: Ross7
2 And maybe that should say "in Special Management Area". 7 2 MR. ROSS: Yes.
3 MAYOR PORTER: Okay. ; 3 THE CLERK: Molloy?
4 MR. MOORE: I wanC to delete tlie words j 4 MR. MOLLOY: Yes.
5~ "compliant wiU1 EPA 2006 emission standazds" and replace l 5 THE CLERK: Boyte.
6 that with the words "to cleaner motors to reduce the TAH ~ 6 MR. BOYLE: Yes.
7 tevel". ~ ~ ; 7 THE CLERK: Porter.
8 MAYOR PORTER: Okay, Uia~ilc you. We have a ~ 8 MAYOR PORTER: Yes.
9 motion on the -- we have an amendment on the floor. Would i 9 THE CLERK: Moore.
I O anyone like to -- would anyone else like Yo make comments i 10 NIl2. MOORE: Yes.
1 I abouC the ame~dment? Councilman Ross. ll THE CLERK: Swamer.
12 MR:~ROSS: I, on this 3rd "whereas", ; 12 MS. SWARIVER: Yes.
13
probabty fall with Councilman Molloy. I don'Y see at this ,
,` 13
THE CLP~RK: Sld~idge.
14 poinr why we would include it in our resolution at alt. _. 14 MR. ~LDRIDGB: Yes.
~
15 ivIAYOR PORTER: 7ust a sccond. Councilman ~ IS MAYOR PORTER: Tha~ilc you. Now, Council, we
?:`
~ 16 Molloy. t 16 have before as the 7th, the --
17 MR. MOLI,OY: I agree. Again, I don't think 17 MR. MOORE: Now the 6tf~.
18 we wanC Yo take-- to me iC seems like we4e taking a 3 18 MAYOR PORT~R: Riglit, thank you. TPs now
19 position supporting that regulation. And, you lmow, the~e i 19 Y(1e 6th "whereas". Any diseussion on that moCion, that .
20 is going to be peopte that oppose iY for good reason that f 20 motion to amend. Councilman Ross?
21 arc our constiNents, and I don't think we should be ( 21 MR. ROSS: I'd like the l~ear Che motion.
22 endocsing iC withouY a lot more information. ~ 22 Was it to dzlete7
23 MAYOR PORTER: Councilman Ross. ~j 23 MR. MOORE: The motion was to delete tlie
24 MR. ROSS: And I agree with that, And to ~~i 24 entire "whereas". No reference to --
25 fizrther on it, I don't know - tl~e testimony Mr. Tarbox : 25 MAYOR PORTER: Okay, thaYs olcay. If we
Page 78 ~ Page 80 '
1 gave, you lmow, eoming ouY of thaY, that may i~ot be a i I
i could hold just one second, Mr, Koch woutd like to make a
~~~~ 2 cleaner emission moCOr, the one thaC they are looking at ~ 2 comment or two.
3 anyway. So I'm just noY snre thaYs an issue that i'm all ~ 3 MR. KOCH: Well, I'll try and be brief
4 that clear on right now, i 4 because it relates to fhis.
5 MAYOR PORTER Councilman Moore. '; 5 Now I think iYs important to understand
6 MR. MOORE: Thank you, Madam Mayor. I would s. 6 diat we don't have a~y idea -- I dodt think we have any
7 withdraw my motion on the 3rd "whereas". ~ 7 idea what will happen if DEC categorizes the Kenai Rivec as "
8 MAYOR PORTER: Okay. You withdraw the I 8 a Category V.
9 morio~ o~ the 3rd "whereas", with Che consent of the ? 9 We hear that, oh, you'l] get a place at the
10 second. I 10 table. BuY I hava -- if we can fighC our way to die table
11 MS. SWARNER: Yes. ~ j I1 we'll have a place at the table is sorC of nry Peeling. I
12 MAYOR PORTER: Okay, so this motion is now ? 12 mean, just take what's happened in fhe last week-and-a-half ~
13 no Ionger before us. Councilman Ross. I 13 on this issue. And I want to Yhank Mr. Ruffner for calling
14 MS. SWAIL~IER: We have one already. ; 14 me and saying, you know, here is something you better put
15 MAYOR PORTER: Right, I Imow. We want to i IS your ears up and pay attention to ttus. It would be a good
~
16 take them separately. '~; 16 idea inaybe if you goY a I~old of Department of ~nvironmental "`
~
17 ~ MS. SWARNSR: Right. ;~. 17 Conservaricn and ttad them come give a presentation to the
18 MR. MOORE: I would move to delete tlie 3rd ~~~ 1 g Counci] on lhis issue because iPs important. That sort of
19 "whereas". '~; 19 spawned all of this this evening, and I'm very gratefui for
20 MR. ROSS: 1 would second that. ~i~ 20 him for that.
21 MAYOR PORTER: Okay. Is there any ; 21 In response to tllat I called Yhe Department
22 discussion on delering the 3rd "whereas"? Cleric, please ; 22 of Environmental Conservation, the entity thaPs going to
23 call the roll. i 23 bring us all together, and I said, can you come talk fo Yhe
24 THE CLERK: DeMelio? ; 24 Ciry Councill No. What do you mean no? Well, we're
25 3vIR. De~iELLO: Yes. ~ 25 alceady having public hearings, so we're noY going to do
Page 79 i Page 81 '
21 (Pages 78 to 81)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COLTNCIL MEETING I I/21/2006
1 Uiat, we're not going to come talk to anybody. We're not i i
2 going to go talk Co KRSMA, we're not going to come taik to ~ 2
' ~ 3 DEC. I'm paraphrasing exactly what was said. 'i~~ 3
4 I had to go up rhe food chain r.here until I ~ 4
5 got to a director, and we did end up witb an individual ; 5
6
from DEC here Yoday who called me late in the day and said i
~ 6
7 that he would come. ~ 1 7
8 It doesn't speak well for the spirit of ~ 8
9 cooperation that I would feel we would have in the lhture. j 9
10 I think in some measure this iias become a much more ~] 0
11 critieal issue as the fight befween the Department of ~ I 1
12 Natural Resources and DBC has intensified. I think DEC is 12
13 adamantly opposed to whaC DNR is proposing in ohanging tl~e ~ 13
14 regulations on Che river, and DEC has taken, in sorne '=~ 14
7 5 measure, this action. And fhat doesn't mea~ -- I don't # 15
] 6 mean to minimize the data that is available showing ehae i 16
~ 17 Yhere are days of the yeaz thac the TAH ]avels are above j t 7
18 the water quatity standards. ~ I8
] 9 IY's very disappointing that -- and people ~ 19
20 have said this, iY's very disappointing that you're looking ~ 20
21 for a big toot in your hammer -- or a big tool in your 3 21
t
22 foolbox Co deal with the agencies, whict~ is what this seems ? 22
23 fo boil down Co to me. Tl~e vehicte is TAH tevets to try ; 23
2A and find the big enoug6 hammer. I would cen~ainty I 24
25 encourage and would hope that, you know, the Governor's j 25
Page 82 ~
I office could be a better hammer than DEC being the hammer. ~
2 I think all of fhe agencies do have a place in this, along ~ 2
3 with oflier groups, especiatly d1e Kenai Riverslied Fomm. ~ 3
4 So I would -- by nof making some scatemenY ~ 4
5 about the impaired status, I think it tacitly gives i 5
6 approvat to the impaired status being plaeed upon the ~ 6
7 waCerbody. And I would say if we4e convinced Chat's rhe E 7
8 only way to addeess fhe problem, Chen thaC's probably the ; 8
9 right way to go. I'm not convinced iPs the only way to "~"tl. 9
10 address the problem. ~S 10
i l It scares me to hear we get a xecovery plan ~ 1 I
12 by the year 201 l. That's five years from now to put ~ 12
13 togeYl~er a rewvery plan. So the Department of i 13
14 ~ Environmental ConservaCion has Yhe lead in putting Cogether i 14
15 a plan £or five years. I think Mc. Ruffner, probably in i 15
16 the course of the next 20 mi~utes, coutd lay out a pretry i t6
17 good recovery plan. It probably wouldn't take him to the I~~ 17
18 year 20 R to be able to do thzt. And it may not take DEC, ! 18
19 buY there is no guarantee that it wouldn't. I 19
20 So those are - that is my comment and I'm ( 20
21 glad that -- I'm extcemelypleased that webe had fhis ~ 21
22 discussion, Yhis lengthy discussion tonight about this, ~ , 22
~
23 regardless of which way this -- whatever resolution is - 23
24 adopted or ~ot adopted. Because Mr. Ruffner gave me a call ';'. 24
25 and kind oF got this ratcheted up, iC's an issue fhaf j ZS
Page 83 ;
needed to be talked about a long time ago with these
agencies tha[ apparenfly are unable to wo~k together.
MAYOR PORTER: Thank you. Councilman; ~
MR. ROSS: I woutd move to amend the
amendment restoring tf~e 7th "whereas". Buf in front of
"impaired" puc the words "Category V". It would read,
"Whereas, the City of Kenai does nof support Che
designation of tk~e Keilai River as Category V impairsd at
ttiis time, and Further work should be completed and oYher
options explo~ed."
SPEAK~R: I'll second that.
MAYOR PORTER: Okay. Motion to amend the
amendmeny iPs been moved and seconded. Is there any
discussion on the moGOn to amend Che amenLmenf? Seeing
none, clerk piease cal( the role.
THE CLSRK: DeMello?
MR. DeMELLO; Yes.
THE CLERK: Ross?
~ MR. ROSS: Yes.
THE CLERK: Molloy7
MR. MOLLOY: No.
THE CLERK: Boyle?
MR. BOYLE: No.
THE CLERK; Porter?
MAYOR PORTER: Yes.
Page R
TAE CLERK: Moore?
MR. MOORE: Yes.
THE CLERK: Swamer? .
MS. SWARNER: No.
THE CLERK: Eldridge?
MR ELDRIDGE: Yes.
THE CLERK: (Indisce~mble) yeses and three
nos.
MAYOR PORTER: Thank you. Councit, we now
have before us the amendment as amended. We have the
resoluCion as amended, thank you. Is there any more
discussion on the resolufion? Seeing none, clerk please
call the roll.
THB CLERK: DeMello?
MR. DeMELLO: Yes.
THE CLERK: Ross?
MR. ROSS: Yes.
THE CLERK: Mo11oy7
'.VIR. MOLLOY: No.
THE CLERK: Boyle?
MR. BOYLE: No.
THE CLERK: Porter?
MAYOR PORTER: Yes.
THE CLERK: Moore?
MR. MOORE: Yes. .
22 (Pages 82 Yo 85)
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CSTY COIJNCIL MHETING 11/21/2006
~ I THE CLERK: Swamer? 1 CERTIFICATE
2 MS. SWARNER: \o. G 2 I, LEONARD J. DiPA0L0, Registered Professional
3 THE CLERK: Eldridge? 3 Reporter and Notary Public in and for YI~e Sfate of Alaska, '
~•~ 4 MR. ELDRIDGE: Yes. '~ 4 do hereby certify: .
5 THE CLERK: Four yeses, three nos. :? 5 That the tape recording from the City of Kenai was
6 MAYOR PORTER: Tliank you, Council, and tliank ' 6 transcribed under my direction by computer transcription; ~~;
7 you everybody. ; 7 that the foregoing is a true record of the testimony and
8 MR. ROSS: Madam Mayor? i 8 proeeedings taken at that time to tha best of my abiliry;
9 MAYOR PORTER: Yes, Councilman Ross. ~ 9 and that I am not a parry to nor have I any interest in Yhe
10 MR. ROSS: I would like ro see the copy -- a : 10 outeome of the aetion herein contained.
11 verbatim of the public testimony attached to this ? 11 IN WITNESS WHER£sOF, I have hereunto set my
12 ~esolution and forwarded to the appropriate agencies as < 12 haiid and affixed my seal Yhis day
13 well as the (iovemor's office. I fhink that some comments ~ 13 of , 2006.
14 tonighY refleefing agencies' cooperaYion and the need Yo do '~ 4
t 5 something are imporCant to be aCtached fo this. ; I S
;16
16 MAYOR PORTER: Would you also like to put in ' 17 LEONARD 7. DiPAOLO
t 7
~ there ttiat we wovld also like to have the Ciry of Ke~ai ~ NoYary Public for Alas]<a
18 invoived in turther discussions? : 18 My Commission Expires: 2-3-2008
19 MR. ROSS: That would be fine, a cover ~ 19 #1403
20 lette[ from d~e mayor. But I think it's very important, we ~ 20
21 liad some good Testimony, and I appreciate everybody'e ; 21
22 testimony tonight This has not been as easy issue, but I j 22 ~
23 would like Yo see a copy of that atzached as part of this i 23
24 resolution. [ 2q
25 MAYOR PORTER: Thank you. Any objecdons ? 25
Page 86 - Page 88 ;
1 from Council?
2 SPEAKER: Vo.
3 MR. BOYLE: Point of order. Do we still
4 have a motion on the floor?
5 MAYOR PORTER: No.
6 MR. BOYLE: We voted to replace the motion, ~
7 did we actually vote on ti~e motion?
8 MAYOR PORTER: Yes, we did.
9 (Snd of requested portion)
10 i
11
12
13
14
15
16 '
17
18
19
20
21
22
23
24
25 ~
Page 87 i
23 (Pages 86 to 88)
PBNINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COiJNCILMEETING 11/21/2006
Page 1
A
Aaron 18:5 52:20
ability 88:8
able 25:17 49:8 71:6~ 72:5
73:14 83:18
absolutety 23:16 45:10
accepC 29:17
access 48:9
accident 61:19
uccommodate 47:25
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PENINSULA REPORTIl~'G 907/283-4429
I 10 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COTINCIL MBETING 11/21/2006
Page 2
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PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 49611
KENAI CITY COUNCIL MEETING 11/21/2006
Page 3
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PENNSULA REPORTING 907/283-A429
ll 0 Trading Bay Dxive, Suite 100 Kenai, Alaska 99611
KSNAI CITY COUNCIL MEBTING
11/21/2006
Page 4
frant 5325 84:5
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intractable 10:12
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introduee 1021 51:4
PENI~!'SULA REPORTIlv'G 907/283-4429
110 Trading Bay Drive, SuiYe 100 Kenai, Alaska 99611
KENAI CITY COUNCIL MEETING 11/21/2006
Page 5
introdueed 11:9 ~
invited 48:16
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justifications 3623
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tabeled 3619,25
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landslide 77:3
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lead 2120 65:16,19,20
7423 83:14
leadership 50:20
tearned 45:18
learning 21:5
leave 22:17 57:4 76:12
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left 35:10
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tengthy 8322
I.enny 125
LIDONARD 88:2,17
letter 8620
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methads 72t 35:7 63:17
middle 61:14
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mile 15:9 18:12
miles 30:18,20 76:12
mind 32:9
minimize "70:25 72:14
82:16
minutes 15:5 6924 83:I6
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22:11 23:1,9 30:12,13
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78:16,17 80:3,4 84:20
8421 85:18,19
moment t 1:6 16:1
money 66:8
mouitored 25:17
monitoring 4:6,8 7:5
PENINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COUNCIL MEETING
11 /21 /2006
Page 6
25;13,14
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motox 15:11,15 792
motorboat 19:10
motorboats 4:15
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motors 322 8: I 29:1 Q 13
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neutra110:2,4
never 56:12
new 3:15 23:19 73:9
News 10:8
newspaper 5:6 76:4
night 70:1
nomenclafure 37:18
non-attainment 27:19
non-impaired 35:1
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non-polluting 30:6
north 13:16 40:12 44:8
44:11 46:20 47:18
nos 85:8 86:5
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notice 37:16
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33:18 35:8 3625 58:7
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objective 173
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PENIN5L'LA REPORTING 907/283-4429
110 Tradiug Bay Drive, Suite 100 Kenai, Alaska 99611
KENAS CITY COUNCILMEETING 11/21/2006
Page 7
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PEI~IINSULA REPORTING 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
KENAI CITY COUNCIL MSETING
I1/21/2006
Page 8
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tacitly 83:5
TAH t:8 2:2 78:6 82:17
8223
PENINSULA REPORTING 907/283-4429
I 10 Trading Bay Drive, Suite 100 I~enai, Alaska 99611
KENAI CITY COLJNCIL MEETING 11/21/2006
take 83 11:7,9,19 1721
1825 23:3,5,7 2a:5,24
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Page 9
43:3 48:19 49:20 63:25 vehicle 82:23
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~~~
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4721 492 51:17 6325.
PENINSULA REPORTIlVG 907/283-4429
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
64:14 70:7 722Q25
75:9 81:10 83:8,9,9,23
ways 54:2
web I225 722
week-and-a-half 81:12
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WHEREOR 88:1 I
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wholeheartedly 7:9
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68:18
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winds 3:6
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WITN~SS 85:11
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28:1 30:8 36:14 43:14
43:IS 64:14 73:1
KENAI CITY COUNCIL MEETING 11/21/2006
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Page 10
PENINSULA REPORTING 9 0 112 8 3-44 29
110 Trading Bay Drive, Suite 100 Kenai, Alaska 99611
In this issue... I "~ ~ ~ (~ ~` '~5~~ ~S
. Motor Buy Back ' ~ ~ ~ ~r~ ~ a~ ,,,~
~~
< Restoration of e
~~ ~ ~
~-'
bean Creek ~ a~, ~_ , ,
e Education 06/07 In a word, YES The Kenai
< Stream Diversions River is tc~o importanY to too
• Seward Mapping many people Yo continue "
allowing thousands of gallons
• Membership of raw gasoline to run
through the estuary of this
magnificent resource. If
'
~~~~~ you
ve been following KWF's work over recent years, you know for a fact that fuel concentra-
~~ Eion exceeds state established water quality standards and you lrnow for a fact that tllis fuel is
coming from outboard motors. We now lmow for a fact that there must be more incentive
q for regulatory agencies to deal with this issue.
The state agencies responsible for ensuring protection of the Kenai River have also known
Eor years that water quality standards are being violated, because we've told ehem. 1'hey have
either chosen to turn a blind eye or when they attempt to address it they are upended by a
handful of poliricaIIy connected individuals. Meanwhile user groups tal<e center stage and
continue to bicker about issues that have nothing to do wiCh protecting the river. An
impaired lisring is an undesirable "tag° to have attached to our river, but the Clean Water Act
was desi~ned to address this exact scenario - sort of a line in the sand to say enough is
enough. Let's get on with fixing an identified probtem. An impaired status will require that
the regulatory agencies must come together and form a pian to reduce the amowlt of fuel in
the river such that it does not exceed water quality standards.
For more information about the Clean Water Aet give us a call or drop by and pick up a
CWA packet The comment period on this issue is open and we encourage you Eo respond.
Please see page 2 for more information regarding the comment periocl.
~ot~r ~uy ~a~k Progr~~
The Motor Buy Back Program is up and running! This is a
stewardship program designed to reduce the hydrocarbons
in the Kenai River. Afrer six years oP testing it is apparent
that the Kenai River exceeded 1lydrocarbon levels allowable
by state Iaw. This year we had almost 2x the allowable
limit. A simple equation tc~ld us that over 1Q000 gallons of
gasoline entered the river durin~ the summer. Continued
study ciearly showed that the majority of this gasoline is
being emiteed from inefficient boat motors. The buy back
program is a conservation effort to reduce Imown watec
Continued on page 2
Kenai River Listed in Draft Integrated Report
Yaur comments are needed!
The 2006 Proposed Integrated Report fxom Alaska Departinent of Environmental
Conservation is currenfly out to public ilotice. The section of the Kenai River from Slikok
Creek downstrcam to Cook Inlet is listed as impaired because petroleum hydrocarbons
exceed standards.
This is significant. The ca11 for written public comments is now open, so we encourage you
to review the reporC and make comments. It is raYher a sad state that in order to finally daal
wiYh the issue of Puel contamination, listing the river as impaired is the appropriate next
step. As an organization, I~lY/F will be su~porting the listing, only because state agencies
haven't been able to focus their attenYion on a solution.
DEC has a weU page with the Proposed Report, supporting documents and public notice
information at:
http://www.dec.state.ak.us/water/draft_2006_integrated_report.htm
A straighCforward fact sheet on the whole docume~t is available at Chis linlc
http://www.dec.state.ak.us/water/pdf/IR_factsheet.pdf
DEADLINE for submissions is 5 PM Alaska Time, December 1, 2006.
Send written coinments to
Drew Grant
PO Box 11180 ~~ ~~~
410 WllloughbyAve Ste. 303 ~~-~ ~
Juneau , AK 99801
drew_gcant@deastaee.ak.us
Phone:907-465-5304
Fax:907-465-5274
IVla~$ors, frc>sn ~age i
polluCion in the Kenai River, by reducing the number of high emission two-stroke motors
Through a grant from the Kenaitze Indian Tribe, we are able to ofFer $500 towards thc pur-
chase of a motox that meets 2006 I:PA standards, when an older two-stroke motor is taken
off the river and turned in. Guidelines, information, and application forms are avaiiable on
our website at www.kenaiwatershed.org.
Thus far, 40 motors have been traded in and another 20 are in ehe works. This program has
funding for a total of 200 motors. In addition to Yhe $500, motor companies may offer addi-
tionalincentives.
Some may wonder, "What is happening to the old 2-stroke moeors?" The old motors wi ~
dismantled and shipped out for recyclin~. Materials recovered from two-stroke marine ~°
engines include aluminum (80.9%), steel (101%), copper (5.2%), and plastic (3.8%).
2
r ~
Mike Gracz is wrapping up the successful Kenai Lowland
Wetland Mapping Project by mapping the wetlands around
SF ^rd.
Z i,, i owlands project was able to leverage Natural
Resources Conservation Service data and mappin~ materials
used to map Western I<enai soils. Seward area soils have
never been described or mapped. Retired AiRCS soil scien-
tist Doug VanPatten, who Ied the WesTern Kenai Soil
Mapping ProjecY, was retained to describe Seward soils, a
critical part of understanding wetlands.
Preliminary wetland boundaries were digitized this past
spring. Mike and Doug visited Seward this summer to veri-
fy those boundaries, and collect plant, soils, and hydrology
data, and stay away from bears. They visited 310 of the 457
wetlands mapped. Soils, plants and hydrology were
described in detail at 70 sites, and 154 wetlands were pho-
tographed. Wetlands cover about 3600 acres of the 20,000
acre project area. They stayed away from one Iarge nearby
bear.
Seward wetlands are doininated by three processes: saltwa-
ter tides, glacial-fed river systems, and peat accumulaCion.
All these wetlands provide habitat and flood control, along
imporYant fwlctions. Z"idewater wettands are
especially important Por out-migrating smolt Seward area
glacial-fed rivers flood often and deposit monumental
amounYs of gravel. Associated floodplain wetlands store sig-
nificant amounts of stoem precipitation, which helps ]imiE
floodin~. Peat has been accumulating in bedrock depres-
sions since the end of the last glaciation, about 1Q000 years
ago. These peatlands are connected to the streain and river
networlc, and help buffer floods by absorbing fall rains aftei~
a summer dry period.
Mike and Doug are now editing and summarizing data, and
wriTin~ descriptions. Look for the Seward map online at the
Sorough's paicel data viewer by January. For more informa-
tion, visit http://www.kenaiweflands.net.
~1tC~11r1~ O~S
While we assessed culverts for fisl~ passage this summer under a grant Prom the US Fish &
Wildlife Service, we needed Yo adjust the Alaska Dept. of Fish & Game map to reflect the
true location of a couple of caCaloged streams. Iiz the process of one of these remapping
exercises, we stumbled across what appears to be an inappropriate ditchin~ and diversion
of a cataloged anadromo~is fish stream.
A site visit showed this to be auoYher apparent case of a gravel pit operation moving a fish
stream to the boundary its property, while also towering Che local water table to allow for
more efficient mining. Re~ulatory issues include: a) title ~{1 permitting, b) side cast of
ditching into riparian wetlailds, c) creation of fish passage barricrs (waCerfalls created dur-
ing excavation), and d) turbidity (duxing excavation and drainage runoff).
It is ciifficulY to show in a photo how Iowerin~ the base elevation has affected the surround-
ing wedandz and the stream, but the natural stream
above the ditching has responded by creating a sexies
of distributaries that are shallow and dxop ~ 2' into the
ditch along the northern edge. In such a low gradient
area, this probabiy drains lOs of acres and has created
a passage barrier.
We would ]ike to see this stream restored, with a inore
naYural channel geometcy or some form of mitigation.
3
A s~~c~ss ~~ i~ ~asur~s
Bean Creek is a tributary of the world famous Kenai River, provid-
ing nursing grounds for KING SALMON and many other species.
About a mIle upstream from the Kenai River, Raven Road crosses
this stream. The culvert under Raven Road was too small and sus-
pended about a f'oot and a half above the natural streain. This
"percli' blocked ali juveniie salmon from reaching their preferxed
nucsery. We identified this site in 2005 and fixed it this summer.
As you can see from the photos and captions, culvert ceplacement
and stream restoration projects have major construcYion compo-
nents that come with a hefty price. This project cost roughly
$ll5,000 - a small amount compared to upcoming projects. In
2007, we ace expecting to spend nearly "~50Q000 on Leaf and
Slikok Creeks. Ideally we would like to have plamlers design and
develop roads with a better understanding of how to properly
cross an anadromous stream. Unti1 then, we'll continue to fix
these crossings one by one.
~
Steps taken to complete a
fish passage project
1. Identify priority sites and secure project
funding
?' `~asure srreain width, depth, and slope
3:-.-.nalyze stream sediment
4. Work wiYh engineering firm to design
plans that simulate the stream widYh, depth,
and slope
5. Get permits from multiple agencies
6. Hire construction contractors and order
pipe or other structure
7. Divert stream around existing culvert
8. Remove old culvert
9. Replace with new culvert as per permits
10. Fill ~20% of the new culvert with grav-
ei/sand mixture similar to thc natural
stream
11. Close diversion and return water to
designed channel in new culvert
12. Stabilize the road slope with rock and
r~ -e vegetation
~1~:--~vlonitor the results over time
PROJEGT CC)MPLETEi
~t`
n
/
~
~
Thank You! The following people have recenUy contributed to the Kenai Watershed Forum.
250
John & Betty Kobylarz
200
Marge Mullen
S 100 River Steward
Jim & Betty Harris
Mavis & Ken Lancaster
Warren & Elizabeth Hoflich
Peter Micciche
Jerry, Shelly, & Ancel Brenneman
Bill & Susan Larned
Jim & Cas Czarnezki
Bill & Becky Hutchinson
Nancy Mitchell
Mary Bozza
Roger & Marlene Byerly
Brenda Stoops & Paui Dale
Liz Schmitt & Bobby Correia
I<ENAI WATERSHED FORUM
PO BOX 2937
SOLDOTNA AI< 99669
Curt Wiicox & Laura Sievert
Roy 8~ Sharon Baldwin
Janette Cadieux & Theo
Lexmond
David & Kathy Wartinbee
Catherine Cassidy & Erik Huebsch
$SO Chinook
Michael Bell
Bili & Lois Nelson
Mary Jo Joiner
Janice Rodes
Sue Ma~ger
Gary & Coleen Sonnevil
Ginny & David Litchfield
Tom & Lyn Hodei
Alice Hall O'Connor
$25Sockeye
Jerry Dixon
MAYOR PAT PORTER & CiTY COUNCIL MEM$ERS
CITY OF KENAI
210 FIDAlGO AVE STE 200
KENAI AK 99611-775~
Ii~l~~l~l~~~ll~~~~~II~~~ili~~~ll~~~i~l~l~ll~~~~~~illl~~~~l~~if
Charles & Margaret Sims
Lyn Rodeheffer
Nicoie Gustine
Lawrence Heward
Don & Trish Roderick
John & Janet Brewer
Paul Moses
Linda Story
10 Smolt
Jim Fisher
Additional Contributions
William Kenyon
Cheri Edwards
PRSRT STD
US Postage
PAID
Anchorage, AK
Permit #537
~ :~~.\
S '
~.. '
~ .~~:...~
\~ ttie a~ty o f ~~
KENA\I,v~LASKA
December 4, 2006
"!/c~/a e wctti a Past Gi wit~i a "
9 ~ ~'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
Mr. Tom Young, P.E.
Mc Chris L. Post, P.E.
State of Alaska DOTlPF
P.O. Box 196900
Anchorage, AK 99519-6900
Dear Mr. Young and Mr. Post:
Subject: Kalifornsky Beach Road Rehabilitation Project #57803
Please find enclosed e-mail correspondence dated March 9-14, 2006 with:
Patricia Porter - Kenai Mayor
Barry Eidridge - Kenai Council Person
Rick Koch - Kenai City Manager
Keith Kornelis - Kenai Pubiic Works Manager
Todd VanHove - DOT Planner
As you can see from these e-mails, the City of Kenai requests:
1. New or improved streetlights on ali intersections, especialiy on Cannery
Road, Minke Drive, VIP Drive, Pirate Lane, and Ketch Street. The City of
Kenai policy is to require streetlights on all new or improved intersections.
2. Turn lanes off Kalifornsky Beach Road for Cannery Road, VIP Drive, Pirate
Lane, and Ketch Street.
3. A bike and pedestrian path along Kalifornsky Beach Road from Cannery
Road to Bridge Access Road. This is an important link from the heavily
populated VIP Subdivision to the existing area-wide paths.
Alaska DOT/PF Letter
Page 2
December 4, 2006
Unfortunately, these requests were not incorporated into the design plans we just
received. Please add the above three items to the design for construction on this
project.
Sincerely,
~'~~,.~.~
Keith Kornelis
Public Works Manager
KK/jet
Enciosures
cc: Rick Koch, City Manager
Pat Porter, City of Kenai Mayor
Kenai City Council
Yage 1 of 1
!(eith Kornelis
From: Patricia Porter [kenaimayor10@msn.comj
Sent: Tuesday, March 14, 2006 8:16 AM
To: todd_vanhove@dot.state.ak.us; Keith Kornelis
Cc: Rick Koch; Jack LaShot; Jan Taylor; Iridgebb@ptialaska.net
Subject: Re: DOT K-Beach Improvements
Thank you for providing Mr. VanHover with these comments.
Pat
---- Original Message -----
From: Keith Kornelis
To: todd_vanhove@dot state.ak.us
Cc: Rick Koch Jack LaShot ; Jan Taylor ; Pat Porter jE-mail) ; Iridgebb@ppalaska.net
Sent: Monday, March 13, 2006 4:59 PM
Subject: DOT K-Beach improvements
Todd,
To summarize our previous conversation concerning the K-Beach project:
* This project started out as a simple resurfaci~g project.
* K-Beach Bike Path south of Bridge Access Road - You stated: A bike path was never part of this project,
even when it was being considered u~der STIP. At the locai meeting, which was attended by less then 10
people, the bike path was not a pressing issue.
* DOT is looking at addin street iights and turn lanes and increasi~g the road paved surface to 36 feet for six
miles on K-Beac from the ri ae Access oa o e sn~rth_
* DOT is looking at a road surface of 26 feet and adding street lights for four miles on K-Beach from the
Sterling Highway, near Kasilof, going north.
Cenai su ports this project i~duding a bike path on K-Beach from Brid e Access Road to Cannery
rould also i e to see area andscaping an enc es near the bike path, especially a e
of K-Beach and Bridge Access Road.
BRIDGE ACCESS ROAD
I The City of Kenai would Iike to see the environmental study completed for the Bridge Access Road Bike Path
Project so that this project can proceed to the next step of design and construction. This is the final link for
the Kenai/Soldotna loop (Kenai Spur-Steriing Highway -KBeach-Bridge Access Road). Bridge Access Road is
used many by pedestrians and bicyciist and is very dangerous out with a bike path. Would you please keep
me appraised of this bike path project. It is very important to the City of Kenai.
Keith Kornelis, Public Works Manager
907-283-8232 City Safety Coordinator
Fax 283-3014 Harbormaster
12/4/2006
Keith Kornelis
From: Patricia Porter [kenaimayor10@msn.comj
Sen4: Saturday, March 11, 2006 9:20 AM
Ta: Rick Koch; Keith Kornelis
Subject: Fw: K-Beach Road improvements between Bridge Access Road and Cannery Road
Hi Rick, this is some foliow up information on K Beach road improvements. I thought maybe Keith should know
a~d become involved in this process.
Hope you are enjoying your moving weekend!
Pat
----- Original Message -----
Feom: Parry_ Eldridge
To:'Todd VanNove'
Cc: kenaimayor10@msn.com ; ~lashot@a kenai ak us
Sent: Friday, March 10, 2006 9:38 PM
Subject: RE: K-Beach Road improvements between Bridge Access Road and Cannery Road
Hi Todd, Thank you for the response, I had hoped you would continue K-Beach Road improvements at the same level as you
accomplished on the other side of Bridge Access. i thought that with new federal road projects you automatically had to put in
roadside trails, that doesn't appear to be the case with this project and I wonder why, i know you put in trails in Nikiski when you
did that project. Not sure if city and residents had a chance to get their two cents in before project went to design stage.
Appreciate anything you can do to improve the trails outlook and improve pedestrian and biker safety on these roads. Thank
you, Barry Eldridge
-----Original Message-----
From: Todd VanNove [maiito:todd_vanhove@dot.state.ak.us]
Sent: Thursday, March 09, 2006 8:29 AM
To: Barry Eldridge
Subject; Re: K-Beach Road improvements between Bridge Access Road and Cannery Road
Barry,
Thank you for your comments. I will forward them on to the project manager and we are currently having
discussions on what to do with the trail along Beach Access Road forming the traii connection. As far as the
trail along K-Beach, it was never part of the original scope and wiil be difficult fo add any trail wark into the
project at this point. Others at the meeting did suggest the addition of lights along major intersections and
especially along the stretch of road between Bridge Access and Cannery Road.
- ~----.
Barry Eldridge wrote:
Hi Todd, I was unable to make it to the meeting hetd iast night at the CES Station on K-Beach Road. i live in VIP
subdivision off K-Beach Road and would like to encourage you to upgrade the section between Bridge Access and
Cannery Road to include a widening with breakdown lanes and a passing lane and to also include a bike path, again at
least as far as Cannery Road. I would also encourage you to take the bike path for the Bridge Access off the back
burner and complete the Unity Trail joining the Kenai Spur Highway to K-Beach Road. Both the K-Beach Road south of
Bridge Access and the Bridge Access Road itself are dangerous for persons walking or biking as they have non existent
shouiders and Iots of traffic. it might be hefpfui for you to get input from the City of Kenai concerning these road
improvements as VIP Subdivision borders this improvement area and is part of the City of Kenai. Thank you for your
consideration, Barry Eldridge
12/4/2006
AGENDA
ENAi CITY COUNCIL - REGULAR MEETWG
~ ~ DECEMBER 6, 2006
,~ 7:00 P.M.
,F~uho~ KENAI CITY COUNCII. CHAMBERS
NEXGI.GIGSNd http://www.ci.kenai.ak.us
~
ITEM 8: SCHEDUIED PUBLIC COMMENTS (10 minutes)
1. Bili Coghill, Mikunda-Cottrell & Co. - Ciry of Kenai Audit Report.
2. Councii Member Barry Eldridge - Greetings from Buenos Aires,
Argentina Council.
ITEM E: PUBLIC HEARINGS
i. Ordinance No. 2196-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professional
Services.
(Clerk's Note: A motion to postpone Ordinance No. 2798-2006 to
December 6, 2006 was passed at the November2l, 2006 council meeting.
The motion to adopt is active.)
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.
3. Resolution No. 2006-66 -- Directing the Continuation of the Project
Entitled "Angier Drive Assessment DistricY' and Designating What
Improvements Are to be Included in This Project.
4. *Application for Liquor License -- Matson Winery & Supp~yNVinery
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
t. Bilis to be Ratified
2. Approvai of Purchase Orders Exceeding $15,000
3. Ordinance No. 2202-2006 -- Limiting the Use of the City of Kenai Boat
Launch, Located atthe Municipal Harbor, to Vessels and Boats
Powered by Four-Cycle or Direct Injection Two-Cycle Engines.
4. Approval -- Vacate Cricket Drive, a 60-Foot Pubiic 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 Tract C and Lot 1; AII W ithin Section 33, Township 6 North,
Range 71 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; Location: Gity of
Kenai.
5. Approval -- Assignment of Lease/Consent to Assignment -- From
Corey, ina, d/b/a Upper Deck and Jody Donaghe, Individually, to Rosin
Investments, Inc. and Swtt Rosin, Individuaity. ~
6. Approvai -- Heaith Insurance Pian Amendments.
7. Discussion -- Combining Commission/Committees.
(Clerk's Note: This item was postponed at the i t/21/06 meeting to
December 6, 2006.)
8. Discussion -- Review/Council Meeting Telephonic Participation
EXECUTIVE SESSION -- None scheduled.
ITEM N: ADJOURNMENT
The public is invited to attend and participate. Additional information is
available through the City Clerk's office at 210 Fidalgo Avenue, or visit our
website at htto://www.ci.kenai.ak.us.
Caroi L Freas, City Clerk D321/211
CITY OF ICENAI, ALASKA
State and Federai Single Audit Reports
June 30, 2006
CITY OF K~NAI, ALASKA
Federal Single Audit Reports
June 30, 2006
Pa~e
, Independent Auditor's Report on Internal Control over Financial Reporting
; and on Compliance and Other Matters Based on an Audit of Financial
StatemenCS Pezf'ormed in Accordance with Government Auditing Standards 3-4
' Independent Auditor's Report on Compliance with Requirements
Applicable to each Major Program and on Internal Control over
Compliance in Accordance with OMB Circular A-133 5-6
Schedule of Expenditures of Federal Awards 7-8
ReporC on InYernal Control over Financial Reporting and on Compliance
and Other Matters Based on an Audit of Financial Statements Performed
in Accordance with Government Auditing Sfandards 9-10
Repot on Compliance with Requirements Applicable to Each Major
, Program and on Internal Control over Complianee in Accordance with
the State ofAlaska Audit Guide and Compliance Supplement for State
~, SingleAudits 11-12
Schedule of State Financial Assistance 13-14
: Schedule of Findings and Questioned Costs 15
Summary Schedule of Prior Year Findings 16
Co~ective Action Plan 17
2
Mlkur~da
C~Ottrell ~ C~O.
Certified Public Aecountailts & Consultants
RSP~ McGladrey Network
An Independenily Owned Member
Offices In Anchorage & Kenai
Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance
and Other MaCters Based on an Audit of Financial Statements Performed in Accordance with
Government Auditing Standards
Honorable Mayor and City Council
City of Kenai
Kenai, Alaska
Ladies and Gentlemen:
We have audited the financial staYemen2s of the City af Kenai, Alaska as of and for the year
ended June 30, 2006 and have issued our report thereon dated October 31, 2006, We conducted
our audit in accordance with auditing standards generally accepted in the United States of
America and Che standards applicable to financial audits contained in Government Auditing
Standard.s, issued by the Comptroller General of the United States.
Internai Control Over Financial Reportin~
In planning and performing our audit, we considered the City of Kenai, Alaska's internal control
over financial reporting in order to determine our auditing procedures for the purpose of
expressing our opinion on the basic financial statements and not to provide an opinion on the
internai eontrol over financial reporting. Our consideration of the internal control over financial
reporting would not necessarily disclose all matters in the internal control that might be material
weaknesses. A material wealrness is a reportable condition in which the design or operaCion oP
one or more of the internal control components does not reduce to a relatively low level the risk
that misstatements caused by error or fraud in amounts that would be material in relation to the
financial statements being audited may occur and not be detected within a timely period by
employees in the normal course of performing their assigned functions. We noted no matters
involving the internal conCrol over financial reporting and its operation that we consider to be
material wealniesses.
Compliance and Other MatTers
As part of obTaining reasonable assurance about whether the City of Kenai, Alaska's financial
statements are free of material inisstatement, we performed tests of its compliance with certain
provisions of laws, regulations, contracts and ~rant agreements, noncompliance with which could
have a direct and material effect on the deTermination of tinancial statement amounts. However,
providing an opinion on compliance with those provisions was not an objective of our audit and
accordingly, we do not express such an opinion. The results of our tests disclosed no instances of
215 Fidalgo Avenue, Suite 206 o Kenai, Alask3a 99611 e(907) 283-3484 • Pax (907) 283-5842
Honorable Mayor and City Council
City of Kenai
I~enai, Alaska
noncompliance or other matters that are required to be reported under Government Auditing
Standards.
This report is intended solely for the information and use of management and the Kenai City
Council, and is not intended to be and should not be used by anyone other than these specified
parties.
~ l~cayco~~ X ~.-....
s
October 31, 2006
Kenai, Alaska
4
1Vlikunda
L+Ott~°ell ~,0.
Certified Public Accountants & Consultants
RSM h~eGladrey Network
A~ Independently Owne~I Member
~Jffces in Anchorage & Kenai
Independent Auditor's Report on Compliance with Requirements Apnlicable to each Maiox
Program and on Internal Control over Com~liance in Accordance with OMB Circular A-133
Honorable Mayor and City Council
Ciry of Kenai
Kenai, Alaska
Ladies and Gentlemen:
Com~liance ~ ~
We have audited the compliance of the City of Kenai, Alaska with the types of compliance
requiremenTs described in the U.S. Office of Management and Budget (OMB) Circular A-133
Compliance Supplement that are applicable to each of its major federal programs for the year
ended June 30, 2006. The City of Kenai, Alaska's major federal programs are identified in the
summary of auditor's results section of the accompanying schedule of findings and questioned
costs. Compliance with the requirements of laws, regulations, confracts and grants applicable to
each of its major federal programs is the responsibility of the City of Kenai, Alaska's
management. Our responsibility is to express an opinion on the City of Kenai, Alaska's
complianee based on our audit.
We conducted our audit of compliance in accordance with auditing standards generally accepted
in the United States of Arnerica; the standards applicable Co financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States; and
OMB Cireular A-133, Audits of States, Local Governments, and Non-Profit Organizations.
Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain
reasonabie assurance about whether noncompiiance with the types of compliance requiremenYs
referred to above that could have a direct and material effect on a major federal program
occurred. An audit includes examining, on a test basis, evidence about the City of Kenai,
Alaska's compliance with those requirements and performing such other procedures as we
considered necessary in the circumstances. We believe that our audit provides a reasonable basis
far our opinion. Our audit does not provide a legal determination of the City of Kenai, Alaska's
compliance with those requirements.
In our opinion, the City of Kenai complied, in all material respects, with the requirements
refened to above that are applicable to each of its major federal programs for the year ended 3une
30, 2006.
s
215 Fidalgo Avenue, Suite 206 o Kenai, Alaska 996ll m(907) 283-3484 s Fax (907) 283-5842
Honorable Vlayor and City Council
City of Kenai
' Kenai, Alaska
Tnternal Control Over Comnlianca
The management of the City of Kenai, Alaska is responsible for establishing and maintaining
' effective internal control over compliance with the requirements of laws, regulations, contracts
and grants applicable to federal programs. In planning and performing our audit, we considered
the City of Kenai, Alaska's internal control over compliance with requiremenYs that could have a
direct and material effect on a major federal program in order to determine our auditing
procedures far the purpose of expressing our opinion on compliance and to test and report on the
internal control over compliance in accordance with OMB Circular A-133.
Our consideration of the internal control over compliance would not neeessarily disclose all
matters in the internal control that might be material weaknesses. A material weakness is a
reportable condition in which the design or operation of one or more of the internal control
components does not reduce to a relaYively low level the risk that noncompliance with applicable
' requirements of laws, regulations, contracts and grants caused by error or fraud that would be
material in relation to a major federal program being audited may occur and not be detected
within a timely period by employees in the normal course of performing their assigned functions.
' We noted no matters involving the internal control over compliance and its operation that we
consider to be matcrial weaknesses.
Schedule of Ex~enditures of Federal Awards
We have audited the financial statemenCS of Che governmental activities, the business-type
activities, each major fund, and the aggregate remaining fund information of the City of Kenai,
Alaska as of and for the year ended June 30, 2006, and have issued our report thereon dated
October 31, 2006. Our audit was performed for the purpose of forming opinions on the financial
statements that collectively comprise the City of Kenai, Alaska's basic financial statemenCs. The
accompanying schedule of expenditures of federal awazds is presented for ptuposes of additional
analysis as required by OMB Circular A-133 and is not a required part of the basic financial
statements. Such information has been subjected to the auditing procedures applied in the audit
of the basic financial statements and, in our opinion, is fairly stated, in all material respeets, in
relations to the basic finaneial statements Taken as a whole.
"This report is intended solely for the information and use of management, the Kenai City
' Council, and federal and state awarding agencies, and pass-through entities and is not intended to
-' Ue and should not be used by anyone other than these specified parties.
~~u..,~~G., e'~..Q.r 9' ~--
October 31, 2006
Kenai, Alaska
6
CITY OF KENAI, ALASKA
Schedule of ~xpenditures of Federal Awards
Year Ended June 30, 2006
Federai Grant Award
U.S. Department of Agricuiture:
NSIP Cash
Total U. S. Department of Agriculture
U.S. Department of Transportation
Airport Seeurity tmprovements*
Airport Environmental Assessment*
Airport Supplemental Master Plan*
Airport Terminal Modifications*
Airport Security Improvements II-Gates*
Airport Parallel Taxiway*
Passed through State ofAlaska
Department of Public Safedy
AK Highway Safety Grant
AIC Highway Safety Grant
AIC Highway Safety Grant
AK Highway Safety Grant
AK Highway Safety Grant
AK Highway Safety Grant
AK Highway Safety Grant
Total U.S. Department of Transportation
Catalog of
Federal Domestic
Assistance Expenditures
Grant Number Number June 30, 2006
607-PA-108
03-02-0142-2902
03-02-0142-3002
03-02-0142-0322004
03-02-0142-3103
03-02-0142-0332004
03-02-0142-0342005
10.570 $
20.106
20.106
20.106
20.106
20.106
20.106
10,706
10,706
6,336
66,826
164,576
143,826
130,501
1,256,528
J2-2006-03-07
050303157INN
DARE Program
AL060120
60102163ID
050102163ID
050203154AL
20.600
20.600
20.600
20.600
20.600
20.600
20.600
8,013
1,744
2,000
5,862
2,610
I,783
2,609
1,793,214
U.S. Department of Justice:
Passed through State ofAlaska
Department of Health & Social Services:
Boys & Girts Club Grant 06-09-06061 16.548 84.516
Potal U.S. Department oPJustice 84,516
U.S. Department of Health & Human Services:
Passed through State ofAlaska Department
Of Health and Socaal Services:
Counci] on Aging TITLE III 607-06-117 93.044 43,393
Council on Aging TITLE IlI 607-06-117 93.045 45,831
Tofal U.S. Department of Health & Human Services 89,224
7
CI'TY OF KENAI, ALASKA
Schedule of Expenditures of Federal Awards, continued
Year ~nded June 30, 2006
Federal Grant Award
U.S. Department of the Interior:
Kenai Soccer Park
Street Improvement Culvert
Rural Fire Assistance
ToCal U.S. Department of the Interior
Catalog of
Federal Domestic
Assistance Expendifures
Grant Number Number 7une 30, 2006
02-00383 15.916 110,067
701815J596 15.631 2,463
7018156355 15.228 3,838
116,368
U.S. Department of Homeland Security:
Homeland Security Grant 35549 97.004
Assistance to Firefighters EMW-2005-FG-00556 97.044
Total U.S. Department of Homeland Security
Office of Library Services:
Library Continuing Education Grant CED-06-747-26 45.310
Total Office of Library Service
U.S. Department of Labor:
Senior Employment - YIASST 2006-315
Total U.S. Department of Labor
Total Federal Expenditures
* Federal Major Program
8
17.235
11,077
49,002
60,079
1,000
1,000
2,468
2,468
$ 2 157.575
Report on Internal Control over Financial Reportin~ and on Compliance and Other Matters
Based on aal AudiY of Financial Statements Performed in Accordance with Governmevct Auditint~
Standards
Honorable Mayor and City Council
City of Kenai
Kenai, Alaska
We have audited the financial statements of the City of Kenai, Alaska as of and for the year
ended June 30, 2006 and have issued our report thereon dated OcCOber 31, 2006. We conducted
our audit in accordance with audiTing standards generally accepted in the United States oP
America and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of Che UniYed SCates.
Internal Control Over Finaneial Reportin~
In planning and performing our audit, we considered the City of Kenai, Alaska's internal control
over financial reporting in order to determine our auditing procedures for the purpose of
expressing our opinion on Che finaneial statements and no2 to provide an opinion on the inTernal
control over financial reporting. Our consideration of the internal control over financial
reporting would noT necessarily disclose all matters in the intemal control over financial
reporting that might be matexial weaknesses. A material wealrness is a reportable condition in
which the design or operation of one or more of the internal control components does not reduce
to a relatively low level the risk that misstatements caused by error or fraud in amounts that
would be material in relation to the financial statements being audited may occur and not be
detected within a timely period by employees in the normal course of performing their assigned
funcYions. We noted no matters involving the internal control over financial reporting and iYs
operation that we consider to be material weaknesses.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City of Kenai, Alaska's financial
stateinents are free of materiai misstatement, we performed tests of its compliance with certain ;
provisions of Iaws, regulations, contracts and grant agreements, noncompliance with which could !
have a direct and material effect on the determination of financial statement amounts. However,
providing an opinion on compliance with those provisions was not an objective of our audit, and '
accordingly, we do not express such an opinion. The results of our tests disclosed no instances of
noncompliance or other matters that are required to be reported under Government Auditing
Standards. '
9
' Honorable Mayor and City Council
City of Kenai
Kenai, Alaska
This report is intended solely for the information and use of the Kenai City Council,
management, and Che State of Alaska, and is noC intended to be and should not be used by anyone
other than these specified parties.
jy"f.~,~c„r~..cP~.-,, C~--e ~' ~'- .
October 31, 2006
Kenai, Alaska
t0
Mikunda
Co~trell ~o.
Certified Public Aceountants & Consultants
RSM McGEadrey Network
An I.ntlependenl!y0~.vnetl Mernber
Offlces in Anchorage R Kei~ei
Report on Compliance with Requirements Applicable to Each Major Program and on Internal
Control over Compliance in Accordance with the State ofAlasha Audit Cruide and Compliance
Supplement for State Single Audits
Honorable Mayor and City Council
City of Kenai
ICenai, Alaska
Comqliance
We have audited the compliance of the City of Kenai, Alaska with the types of compliance
requirementa described in the State af Alaska Audit Guide and Compliance Supplement for SCate
Single Audits that are applicable to each of its major state programs for the year ended June 30,
2006. The City of Kenai, Alaska's major state programs are identified in the accompanying
Schedule of State Financial Assistance. Compliance with the requirements of laws, regulations,
grants, general requirements, and the specific requirements applicable to each of its major state
programs is the responsibility of the City of Kenai, Alaska's management. Our responsibility is
to express an opinion on the Ciry of Kenai, Alaska's compliance based on our audit.
We conducted our audit of cornpliance in accordance with auditing standards generally accepted
in the UniCed States of America; the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States; and the
State of Alaska Audit Guide ancl Compliance Su~plement for State Single Audits. Those
standards and the State of Alaska Audit Guide and Compliance Supplement for Szate Single
Audits require that we plan and perform the audit to obtain reasonable assurance about whether
noncompliance with the types of compliance requirements refened to above that could have a
direct and material effect on a major state program occurred. An audit includes examining, on a
test basis, evidence about the City of Kenai, Alaska's compliance with those requirements and
performing such other procedures as we considered necessary in the circumstances. We believe
that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal
determination of the City of Kenai, Alaska's compliance with those requirements.
In our opinion, the City of Kenai complied, in all material respects, with the requirements
referred to above that are applicable to each of its major state programs for the year ended June
30, 2006.
215 Fidalgo Avenue, Suite 206 o Kenai, Alaska199617 .(907) 283-3484 e Pax (907) 283-5842
i Honorable Mayor and City Council
City of Kenai
''; '' Kenai, Alaska
Internal Control Over Compliance
,. The management of the City of Kenai is responsible for establishing and maintaining effective
'', internal control over compliance with the requirements of laws, regulations, contracts and grants
' applicable to state programs. In planning and performing our audit, we considered the City of
Kenai, Alaska's internal control over compliance with requirements that could have a direct and
! materiai effect on a major state program in order to determine our auditing procedures for the
purpose of expressing our opinion on compliance and to test and report on the internal control
over compliance in accordance with the .State of Alaska Audit Guide and Compliance Supplement
; for State Single Audits.
Our consideration of the internal control over compliance would not necessarily disdose all
matters in the internal control that might be material weaknesses. A material weakness is a
condition in which the design or operation of one or more of the internal control components
does not reduce to a relatively low level the risk thaY noncompliance with applicable
requirements of laws, regulations, and grants that would be material in relation to a major state
program being audited may occuc and not b~ detecCed within a timely period by employees in the
' normal course of performing their assigned funetions. We noted no matters involving the internai
control over compliance and iYs operation that we consider to be material weaknesses.
Schedule of Sta2e Financial Assistance
, We have audited the basic financial statements of the Ciry of Kenai, Alaska as of and for the year
ended June 30, 2006, and have issued our report thereon dated October 31, 2006. Our audit was
performed for the purpose of forming an opinion on the basic financial statements taken as a
whole. The accompanying schedule of state financial assistance is presented for purposes of
additional analysis as required by the SCate of Alaska Audat Guide and Compliance SuppZement
for State Single Audits and is not a required part of the basic financial statements. Such
informaTion has been subjecfed to the auditing procedures applied in the audit of the basic
' financial statements and in our opinion, is fairly stated; in all material respects, in relation to the
basic financial statements taken as a whole.
I'his report is inCended for the information and use of the Kenai City Council, management, and
the State of Alaska, and is not intended to be and should not be used by anyone other than these
speeified parties.
~~c~.ov.a~^-, ~ ~ (~...
~~~~~ October 31, 2006
Kenai, Alaska
12
CITY OF KENAI, ALASKA
Schedule of State Financial Assistance
Year Ended June 30, 2006
State Grantor Grant Nwnber
Department of Transportation:
TORA Grant - Arctic Winter Games
Airport Supplement Master Plan 58363
Airport Terminal Modifications 57160
Airport Environmental Assessment 56842
Airport Parallel Taxiway 58881
Airport Security Improvements 56842
Airport Security Improvements II - Gates 58363
Total Department of Transportation
Department of Environmental Conservation:
Water System Grant 47547
Total Department of EnvironmenYal Conservation
Department of Administration
Kenai Water Sewer Improvements 4/96 -08
Matching Grant - Street Improvements 03MG026
State PERS Relief *
Total Department of Administration
Department of Education:
Rural Library Project Gates
Gates Foundation Grant ILC-06-747-164
Public Library Assistance PLA-06-747-40
Total DepartmenY of Education
Department of Revenue:
Aviaeion Fuel Tax
Electric Utility
Liquor License
Shared Business Fishery Tax *
ToTal DeparCment Revenue
Total
Expenditures
June 30, 2006
$
6,262
4,331
4,794
2,227
45,516
211
3.434
66,775
25,647
25.647
25,648
9,286
278,462
313,396
350
1,300
6,200
7,850
11,157
30,307
17,150
100.000
158,614
13
CITY OF KENAI, ALASKA
Schedule of Stafe Financial Assisfance, continued
Year Ended June 30, 2006
State Grantor Grant Number
Department of Commerce, Community
and Economic DevelopmenC:
Kenai Public Improvements * 06-DG127
Restore the Riverbanks of the Kenai River * 04-RR-013
Senior CenTer Improvements OS-RR-006
Shop Site Remediation OS-RR-005
Total Department of Commerce, Community
and ~conomic Development
Department of Health and Social Services:
Title IIT Senior Citizens 607-06-117
Total Department of Health and Social Services
Toeal State Financial Assistance
* State Major Programs
Total
Expenditures
June 30, 2006
125,000
329,574
1,708
19.681
475 963
19,545
19,545
$ 10~
14
CITY OF KENAI, ALASKA
Schedule of Findings and Questioned Costs
For the Year Ended June 30, 2006
Federal
I. Summary of audit results:
Type of report issued on financial statements Unqualified
Reportable conditions in internal controls None noted
Material noncompliance None noted
Reportable conditions in internal control over majar programs None noted
I'ype of report issued on major program compliance Unqualified
Audit findings as required to be reported by OMB Circular A-133 None noted
Major programs:
CFDA # Program
2Q 106 Airport Improvement Program
Dollar threshold used to distinguish between Type A and
Type B programs $300,000
Low-risk auditee Yes
R. Findings relating to the financial statements which are required
to be reported in accordance with Generally Accepted Auditing
Standards None noted
IIL Federal awards findings and questioned costs None noted
State of Alaska
There are no current year audit findings for the State of Alaska.
15
CITY OF KENAI, ALASi{A
Summary Schedule of Prior Audit Findings
For the Year Ended June 30, 2006
Federal:
There were no prior year federal audit findings.
State:
There were no prior year state audiY flndings.
16
CITY OF KENAI, ALASKA
Corrective Action Plan
For the Year Ended June 30, 2006
Federal:
There are no current year federal single audit findings and no corrective action plan.
State:
There are no current year state single audit fndings and no corrective action plan.
t7