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2007-03-12 Harbor Commission Packet
KENAI HARBOR COMMISSION MEETING MARCH 12,2007 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA YTEM 1: CALL TO ORDER & ROLL CALL ITEM 2: ELECTION OF CHAIR AND VICE-CHAIR ITEM 3: AGENDA APPROVAL ITEM 4: APPROVAL OF MEETING SUMMARY -- a. October 9, 2006 b. December 11, 2006 c. January 8, 2007 d. February 12, 2007 YTEM 5: PERSONS SCHEDULED TO BE HEARD YTEM 6: OLD BUSINESS ITEM 7: a. Discussion -- Kenai River • Impaired Waterbody Designation Water Quality Monitoring Studies/Potential Fecal Coliform Pollution b. Discussion -- Meeting Schedule c. Discussion -- Budget ITEM 8: REPORTS a. Pub11c Works Manager b. Dock Foreman c. City Council Liaison YTEM 9: COMMISSIONER COMMENTS/QUESTIONS YTEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: a. Kenai City Council Action Agendas of February 7 and 21, 2007. b. Parks & Recreation Department Organizational Chart ITEM 12: ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: CAROL -- 283-8231 OR, BOB FRATES -- 283-3692 KENAI HARBOR COMNIISSION MEETING OCTOBER 9,2006 CITY COUNCIL CHAMBERS 7:00 P. M. AGENDA Tt~~ ~a ITEM 1: CALL TO ORDER 8t ROLL CALL ITEM 2: AGENDA APPROVAL YTEM 3: APPROVAL OF MEETING SUMMARY -- September 11, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion/Recommendation -- Capital Improvement Project Nominations ITEM 7: REPORTS a. Public Works Manager b. Dock Foreman c. City Council Liaison ITEM S: CONIlVlISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of September 6 and 20, 2006. ITEM 11: ADJOURNMENT KENAI HARBOR COMMISSION MEETING OCT®BER..4v2o®6 CITY COUNCIL CHAMBERS 7:00 P. M. CHAIR TOM THOMPSON, PRESYDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: B. Osbom, S. Romain, R. Canady, and T. Thompson Commissioners absent: B. Eldridge, G. Foster Others present: Public Works Manager K. Kornelis Note: At the September Harbor Commission meeting, Commissioner Eldridge reported he would be absent from this meeting. Commissioner Foster telephoned on 10/4/06 to inform administration he uauld be in Seattle anti not be able to aftend the meeting. A quorum was present. ITEM 2: AGENDA APPROVAL MOTYON: Commissioner Osborn MOVED to approve the agenda as presented and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- September l 1, 2006 MOTION: Commissioner Romain MOVED to approve the September 11, 2006 meeting summary and Commissioner Canady SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE BEARD -- None. ITEM 5: OLD BUSINESS -- None. ITEM 6: 6-a. Discussion/Recommendation -- Capital Improvement Project Nominations It was noted, a work session to review all Capital Improvement Project Nominations would be held on October 25, 2006 immediately following the Plann;ng & Zoning Commission meeting. MOTION: Commissioner Osborn MOVED the Harbor Commission suggests the Kenai Bluff Erosion Project be approved and be the number one project. Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. Kornelis reported representatives from the engineering consultant had been in Kenai locating monitoring well sites. MOTION: Couu~nissioner Osborn MOVED the Harbor Commission suggests that asphalt paving at the Boating Facility around the dock, boat ramps, and restrooms, be the Harbor Commission's number two project. Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT5 7-a. Public Works Manager -- Kornelis reported the following: • The Boating Facility was winterized. • The facility is currently accessible and would be locked when it snows,. but will allow access upon request. Discussion followed related to the dip net operation at the Boating Facility and it was noted the facility was very much improved with the placement of the additional boat launch ramps and floats, new exit road, and parking. 7-b. Dock Foreman -- No report. 7-c. City Council Liaison -- No report. ITEM $: COMMISSIONER COMMENTS/QUESTIONS -- None. YTEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. YTEM 10: 10-a. Kenai City Council Action Agendas of September 6 and 20, 2006. ITEM 11: HARBOR COMMISSION MEETING OCTOBER 9, 2006 PAGE2 MOTION: Conunissioner Romain MOVED to adjourn and Commissioner Canady SECONDED the motion. There were no objections. SO ORDEY2ED. There being no furtkxer business before the Cornmission, the meeting adjourned at approximately 7:30 p.m. Meeting summary prepared and submitted by: Carol L. Fleas, City Clerk HARBOR COMMISSION MEETING OCTOBER 9, 2006 PAGE 3 I~„,qb KENAI HARBOR COMMISSION MEETING DECEMBER 11, 2006 CITY COUNCIL CHAMIiER5 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER 8c ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- October 9, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- Kenai River • Impaired Waterbody Designation • Water Quality Monitoring Studies/Potential Fecal Coliform Pollution ITEM 7: REPORTS a. Public Works Manager b. Dock Foreman c. City Councff Liaison ITEM S: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Councff Action Agendas of November 1 and 21, 2006. ITEM 11: ADJOURNMENT KENAY HARBOR COMMISSION MEETING DECEMBER 11, 2006 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commssioners present: B. Osborn and T. Thompson Commissioners absent: S. Romain, R. Canady, G. Foster Others present: Public Works Manager K. Kornens Due to a lack of quorum, the meeting was adjourned. A brief work session was held. %TEM 2: AGENDA APPROVAL YTEM 3: APPROVAL OF MEETING SUMMARY -- October 9, 2006 YTEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- Kenai River • Impaired Waterbody Designation • Water Quality Monitoring Studies/Potential Fecal Conform Pollution ITEM 7: REPORTS a. Pubnc Works Manager b. Dock Foreman c. City Council Liaison ITEM S: COMMYSSIONER COMMENTS/fdUESTYONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of November 1 and 21, 2006. ITEM 11: Due to a lack of quorum, the meeting was adjourned at approximately 7:05 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk HARBOR COMMISSON MEETING DECEMBER 11, 2006 PAGE 2 ~c HARBOR/PARKS & RECREAT%ON COMMISSION WORK SESS%ON KENAI HARBOR COMMISSION MEETING JANUARY 8, 2007 CITY COUNCYL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- a. October 9, 2006 b. December 11, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussioa -- Combining Harbor with Parks & Recreation Commission b. Dascussfon -- Kenai River • Impaired Waterbody Designation Water quality Monitoring Studies/Potential Fecal Coliform Pollution ITEM 7: REPORTS a. Public Works Manager b. Dock Foreman c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of December 6 and 2Q 2006. b. Denali Commission Grant Application -- Kenai Boating Facility PavingJWaterfront Development ITEM 11: ADJOURNMENT KENAI HARBOR COMMISSION MEETING JANUARY 8, 2007 CITY COUNCIL CHAMBERS ?:00 P.M. CHAIR TOM THOMPSON, PRE5IDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:45 p.m. Roll was confirmed as follows: Commissioners. present: T. Thompson and R. Canady Commissioners absent: B. Osborn, G. Foster, and S. Romain A quorum was not confirmed. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- a. October 9, 2006 b. December 11,2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSYNESS a. Discussion -- Combuung, Harbor with Parks & Recreation Commission b. Discussion -- Kenai River • Impaired Waterbody Designation • Water Quality Monitoring Studies/Potential Fecal Coliform Pollution ITEM 7: REPORTS a. Public Works Manager b. Dock Foreman c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/GQUESTYONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10- a. Kenai City Council Action Agendas of December 6 and 2Q 2006. b. Denali Conunission Grant Application -- Kenai Boating Facility Paving/Waterfront Development ITEM 11: ADJOURNMENT Due to a lack of quorum, the meeting was closed at approximately 7:46 p.rn. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk To: Mayor Porter Rick Koch, City Manager Bob Frates, Director, Parks & Recreation Department Carol L. Freas, City Clerk ,a i~ From: Dale Sandahl, Chair, Parks & Recreation Commission,~~~% Tom Thompson, Chair, Harbor Commission Date: January 8, 2007 A combined commission work session was held on Monday, January 8 between the Harbor Commission and the Parks & Recreation Commission. Purpose of the meeting was as outlined in the January 2, 2007 memo. The following were recommendations from the members present: 1. The disparities between the two commissions responsibilities are significant and as a result the commissions should not be combined. 2. Consideration should be given to adding Beautification to Parks and. Recreation. 3. Meetings for both commissions should be scheduled quarterly. Should special meetings be required they may be scheduled. Consideration should be given to a joint meeting or work session between the two commissions at the spring or summer quarterly meetings to discuss pertinent overlapping issues regarding summer activities on the lower river. The intent of the recommendations especially number 3 above is to: 1. Energize both groups with meaningful material. 2. Provide for meaningful full agendas. 3. Attract more qualified potential commissioners as a result of quarterly meetings and meaningful. agendas. 4. Commissioners present have interest in serving on their respective commissions but may not have an interest or knowledge to deal with the commission on the other side of the aisle. We hope the results of this work session will help you in your deliberations. Incidentally, it appeared and was stated that all commissioners came to the meeting with open minds, which was important as they realize changes are needed. KENAI HARBOR COMM3SSION MEETING FEBRUARY 12,2007 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: ELECTION OF CHAIR AND VICE-CHAIR ITEM 3: AGENDA APPROVAL ITEM 4: APPROVAL OF MEETING SUMMARY -- a. October 9, 2006 b. December 11, 2006 c. January 8, 2007 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSYNESS a. Discussion -- Kenai River • Impaired Waterbody Designation • Water Quality Monitoring Studies/Potential Fecal Coliform Pollution b. Discussion -- Meeting Schedule c. Discussion -- Budget YTEM 8: REPORTS a. Public Works Manager b. Dock Foreman c. City Council Liaison ITEM 9: ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: a. Kenai City Council Action Agendas of January 3 and 17, 2006. b. Parks & Recreation Department Organizational Chart YTEM 12: KENAI HARBOR COMMISSION MEETING FEBRUARY 12, 2007 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:05 p.m. The roll was confirmed as follows: Commissioners present: G. Foster, S. Romain, and T. Thompson Commissioners absent: B. Osborn, R. Canady Others present: Council Member M. Boyle and Parks & Recreation Director B. Frates Due to the lack of meeting a quorum, the meeting was closed. ITEM 2: ELECTION OF CHAIR AND VICE-CHAIR ITEM 3: ITEM 4: a. b. c. ITEM 5: ITEM 6: ITEM 7: AGENDA APPROVAL APPROVAL OF MEETING SUMMARY -- October 9, 2006 December 11, 2006 January 8, 2007 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS a. Discussion -- Kenai River • Impaired Waterbody Designation • Water Quality Monitoring Studies/Potential Fecal Coliform Pollution b. Discussion -- Meeting Schedule c. Discussion -- Budget ITEM 8: REPORTS a. Public Works Manager b. Dock Foreman a City Council Liaison YTEM 9: COMMISSIONER COMMENTS/gUESTYONS YTEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATYON a. Kenai City Council Action Agendas of January 3 and 17, 2006. b. Parks & Recreation Department Organizational Chart YTEM 12: ADJOURNMENT Due to the lack of quorum, the meeting was closed at approximately 7:10 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING FEBRUARY 12, 2007 PAGE 2 (i d ..,~ ir/Ol/E Fo,e f,+PB~eo v.qL oF.• lq ~I`E~ ® ~v,ipl~Qed~ // ~ A Resolution Supporting Efforts to(Lower the Tota Aromatic Hydrocarbon (TAH) Levels in the Lowe enai River nd Opposing the Categorization of the Lower Kenai River as an Impaired Waterbody By .the Kenai Rivez Special Management Area Advisory Board - Wir// T///E' /=®acow~//d .qDO /T/D N,S, WHEREAS, the Federal Clean Water Act (CWA) requires the State of Alaska, Department of Environmental Conservation (ADEC), to report on the conditions of Alaska's waters; and, WHEREAS, ADEC has prepared the "2006 Proposed Integrated Water Quality Monitoring and Assessment Report" categorizing the Lower Kenai River as an impaired waterbody; and, WHEREAS,. testing data provided in the Oasis Environmental Kenai River Hydrocarbon Assessment Final Report dated January 9, 2004, for testing accomplished from May 20, 2003 through August 26, 2003, consisting of 284 total samples showed two samples that exceeded the total aromatic hydrocarbon (TAH) limit of 10 parts per billion (10/ppb) at River Mile (RM) 10 from 12:00 PM to 2:00 PM on July 20, 2003; and, WHEREAS, testing data provided in the Kenai Watershed Forum "Summer 2005-Selected water quality parameters with in-river use patterns" report dated August 2005, for testing accomplished from July 3, 2004 through July 25, 2004, consisting of 92 total samples showed two samples that exceeded the TAH 10 ppb limit at RM 1.5 at 11:43 AM on July 20, 2004, two samples that exceeded the TAH limit of 10 ppb limit from 7:2'7 PM to 9:55 PM on July 24, 2004, and three samples that exceeded the TAH limit of 10 ppb from 5:27 PM to 10:08 PM on July 25, 2004; and, WHEREAS, no specific water quality testing data is available from ADEC for the 2005 Season; and, WHEREAS, testing data from the 2006 Season is preliminary; and, WHEREAS, the State of Alaska, Department of Natural Resources, is presently drafting regulations to require all outboard motors used on the Kenai River to be compliant with the EPA 2006 Emission Standards to reduce TAH levels; and, WHEREAS, the State of Alaska, Department of Conservation, is not mandated by Federal or State law or regulation to categorize the Lower Kenai River as an "Impaired Waterbody"; and, WHEREAS, the Kenai Watershed Forum will not complete ongoing assessment studies for the Kenai River until June 2007; and, WHEREAS, ADEC has not completed its studies of the projected affects of the implementation of ADNR proposed regulations for the Lower Kenai River; and, VOID ~,~-,L Resolution Supporting Efforts to Lower TAH In the Lower Kenai River Page 2 of 2 WHEREAS, the testing data provided by ADEC shows that TAH levels in the Lower Kenai River exceeds the limit of 10 ppb for only several hours on one to three days per year; and, WHEREAS, the Lower Kenai River should not be categorized as a Category Five impaired river because sampling shows it to exceeds limits for TAH in one location for several hours of the entire year. NOW, THEREFORE, BE IT RESOLVED BY THE KRSMA BOARD that by this resolution the State of Alaska, Department of Environmental Conservation, not categorize the Lower Kenai River as an impaired water body, be encoura ed to wor co-operatively with the State of Alaska Department of Natural Resources d others to undertake and support efforts to lower total aromatic hydrocarbon levels in the Lower Kenai River, and to continue to categorize the Lower Kenai River as a Category Three waterbody. Ken Lancaster KRSMA Advisory Board President Date ADEC, ADF~'G~ C / Yjr o FKE"a/IT G/r-y of So < o a rNA~~ KPgJ Copies of this resolution shall be sent to the Commissioners of the Department of Fish & Game and the Department of Natural Resources, Local State Representatives and Senators, Local ADF&G representatives. .~c Fdr2 T6/E R EG02p ; 7~ Cary of KEn9rlx 2csa. No 'o7oob-~ y /j Go~ti~ ra T.+`B C/Yy GpG NG~G BN ~/-a/-O(o. /T /3 TrrE Si+ME RS z'//r.s QESo, 7i5 .Q~5oc~r'ro~V 6tJJf3' GU,¢irrtnr ,~/ erTY /~~iv/IGCR /~rG.K KOC!/j ~.VD re G~'k ESrw7~S GUNAT T/!G city /S~De+''iH/isriF Tr opt/ rN/N~~S l~lirc c QE 7'NE Pas i~~on/ of T//E .C~G.vrl.s Crry Co~•tr ~L _ (c ~, 5/YIA ~Oi1 eQD G°AN $„i /FU U~-~' AC~Y(UE4y ~'f/~Sf/6 /u ~~s ~''e ES To RGPvcE ~/RDROCA,QBoalS aw ~-ef2~ ,eovE,e /O3'lPArRE'p .5T/lr(i5 /-p 2. rNE <CGNrt2- ~2~vi~ra /S ro~Ert~7uR6 /!~~/SvR-e'$ To ,eG'DUCE' hrYORVCA2F3'oti,5 H~vE ,~~~etJ r9o,oiz.es5~® ,cry k.esmA /3osr~2 p A/~v rse~Q~ srr~e~~v,~~~ ,,Sf/OVG4 ~E FD/1T// Cowl r/vG , °° //l?PAr,[~G.o 5Tr17~5 /S ,lion' ,~~'~~c~ f©2 ,~2ssrt,si' /9N~ OT/f~iQ /QG~NGrE'S Or2 lol~oUPS T6 ~L°G.OA~nrc:A.3.t'> GH~ruG~s To ~'c^o~ce /r~'O~o c~ao2Gor~5, ®' !r:• Irb November 20, 2006 Drew Grant Alaska Department of Environmental Conservation PO Box 11180 410 Willoughby Ave. Suite 303 Juneau AK 99801 Re: Kenai River Impaired Waterbody Status Dear Mr. Grant: By notice dated November 1, 2006, the Department of Environmental Conservation asked for public input regarding its proposal to list a portion of the Kenai River as impaired under Section 303(b)5 of the Federal Clean Water Act. The Kenai River Special Management Area (KRSMA) Advisory Board has a long history of concern over ~ ' eater quality in the Kenai River. In fact, the KRSMA Advisory Board sponsored and endorsed the water quality studies that revealed the exceedences. After receiving briefings from DEC and the Kenai Watershed Forum, and after receiving public input, The KRSMA Advisory Board endorses the listing of the Kenai River as impaired subject to the provisions and limitations discussed in this letter. The KRSMA Advisory Board believes it is important to accurately describe the short duration and limited geographic area involved with the exceedences in order to develop remedial measures which solve the problem with minimal adverse impacts on user groups. As we understand the facts, the exceedences involve an undetermined number of days during July when sport fishing for king salmon is at its peak and angler effort is highest. The exceedences occur on days with the greatest concentration of motorized boats are fishing for king salmon and particularly during flood tides when the flow in the river is backed up. We understand that the hydrocarbon pollution is the direct result of discharge from outboard motors and the problem has worsened over the last six years. The area affected is the portion of the river from Mile 19 to the mouth of the river. We further understand that the July personal use fishery for sockeye salmon at the mouth of the river (outside the KRSMA boundary) contributes to the problem. Notwithstanding the short duration and limited area of the problem, the KRSMA Advisory Board believes that the hydrocarbon pollution is a serious problem which >7ust be eliminated as quickly as feasible. During our last meeting on November 9, X006 a DEC representative estimated a Total Daily Maximum Load (TDML) would not Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907-262-5581 t•` c~~'^'+~ Kenai Peninsula Borough, PO Box 850, Soldotna, AK 99669 907-262-4441 ~ Kenai River Center 514 Funny River Road, Soldotna, AK 99669, 907-260.4882 Alaska Diason or Parks antl Outtloor Recreal:on, Deparlmenl cLdetwal Resources. In coope2tlon vnlh the Kenai Peninsula Borough ~„ <, 9 /\- tEg be formulated and implemented until 2011. This time frame is wholly unacceptable to the Board. Accordingly, the KRSMA Advisory Board initiated a public process to develop action steps to alleviate the problem more expediently. In, fact, the Board has ~" already taken several affirmative steps that should help alleviate the hydrocarbon problem. In 2005, the Board endorsed the buy back program for older two cycle outboards. In April and September 2006, the Board asked the DNR to ban outboards not complying with 2006 EPA standards (mostly two-cycle outboards) in 2008. In October 2006, the board formed a special committee to accept public input and develop plans to reduce hydrocarbon emissions with recommendations to be completed by spring 2007. The KRSMA. Advisory Board appreciates that other difficult steps will be necessary to fully resolve the problem. To that end, the KRSMA Advisory Board is committed to working diligently on this problem and invites active participation of the DEC, ADFSsG, the Cities of Kenai and Soldotna to work with the Board and DNR. By working together and sharing information, the Board and the agencies can move expeditiously to help preserve the habitat of the Kenai River and its unique fishery that is important to all Alaskans. If you have any questions, lease feel free to contact the Board. Very Truly Yours, Ken Lancaster President, KRSMA Advisory Board Cc: DNR Commissioner ADF&G Commissioner City of Kenai City Manager City of Soldotna City Manager Kenai Peninsula Borough SUBSTITUTE Suggested by: Councilor Joe Moore CITY OF KENAI ORDINANCE NO. 2202-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 11.05.090 ENTITLED "USE OF LAUNCH RAMP AND FLOAT," BY ADDING A SUBSECTION LIMITING THE USE OF THE CITY OF KENAI BOAT LAUNCH, LOCATED AT THE MUNICIPAL HARBOR, TO VESSELS AND BOATS POWERED BY FOUR-CYCLE OR DIRECT INJECTION TWO-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 which will limit vessels and boats on the Kenai River to 50 horsepower or less, four-cycle and direct injection twa-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 detemuned to be gasoline outboard motors; and, WHEREAS, conventionally carbureted two-cycle motors do not meet the U.S. Environmental Protection Agency (EPA) 2006 emission standards; and, WHEREAS, conventionally carbureted two cycle-motors deposit a minimum of ten times more TAH into the water-column than four-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, entitled "Use of Launch Ramp and Float," is amended by adding the following section: (f) effective May 1, 2007, the use of the City of Kenai Municipal Boat Launch is limited to vessels/boats powered by four-cycle or duect 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 ATTEST: Carol L. Freas, City Clerk Introduced: December 6, 2006 Adopted: December 20, 2006 Effective: May I, 2007, 2006 ENA1 IV Special Management Area r "Working together...for the river" G~DMD~OL3~1 ~ OLQG3D November 20, 2006 Bill Smyth Alaska Department of Environmental Conservation 610 University Ave. Fairbanks, AK 99709 Re: Development in the Kenai River Corridor Dear Mr. Smyth: The Kenai River Special Management Area (KRSMA) Advisory Board has supported water quality monitoring studies on the Kenai River for many years by the Kenai Watershed Forum and the Department of Environmental Conservation. Those studies have resulted in the recent proposal for listing a portion of the Kenai River as impaired for hydrocarbons according to Section 3O3(b) 5 of the Federal Clean Water Act. The :KRSMA Board has responded to that proposal under a separate letter. However, those water quality studies also revealed a serious issue of fecal coliform pollution in portions of the river which is not adequately addressed. This letter requests the DEC take immediate and appropriate action to investigate sources of fecal coliform and potential sources of such contamination in order to protect the Kenai River. The KRSMA Board believes that continued unchecked development in the floodplain poses equal or potentially greater risks than seasonal hydrocarbon issues. In addition to evidence of fecal coliform in the water quality studies, the KRSMA Board has viewed with alarm the seemingly unfettered developments adjacent to the Kenai River which, in the board's view, have or may have inadequate sewage systems or systems that are vulnerable to flooding since they are located within the floodplain. In particular, the Board is concerned over the continuing development of a recent subdivision which has a sewage lagoon contained with an earthen dike within the floodplain. We understand that the DEC no longer inspects residential sewage systems, whether they are single lots or major subdivisions, and therefore did not review and approve plans or inspect the construction of the open sewage lagoon for this subdivision. We learned that there are several planned developments which we expect will have similar, and in our view, inadequate and dangerous sewage systems. All of these subdivisions are in the floodplain and our collective experience is that sewage lagoons are going to be flooded thereby flushing the sewage directly into the river. The great risk to the health of the °iver and its inhabitants is not being addressed. Kenai Area Office, PO Boz 1247, Soldotna, AK 99669, 907-262-5561 2r•` T''b~~Kr~, Kenai Peninsula Borough, PO Box 850, Soldotna, AK 99669 907-262w1441 ,~„ Kenai River Center 514 Funny River Road, Soldotna, AK 99669. 90)-260-4882 Ataska Division of Parks antl Outtloor Recreatio4 De~~1~~K(p))))artrrt^m`~\ejtnt/n..{{{oL'~plalu2l Resources. in coo0erabon with the Kenal Peninsula Borough pr) ry O I~ For these reasons, the KRSMA Board specifically requests the DEC immediately review plans and inspect all current and planned major sewage systems near or adjacent to the river. We appreciate that budgetary problems may impact DEC's ability to perform ~. such inspections; however, we strongly encourage DEC to do whatever is necessary to do such vitally important work. In the board's view, this problem could easily dwarf other potential sources of contamination and must be addressed. If you have any questions, please feel free to contact the Board. Sincerely, Ken Lancaster President, KRSMA Advisory Board CC: Kenai Peninsula Borough City of Kenai City of Soldotna AK Dept. of Natural Resources AK Dept. of Fish and Game Kenai Watershed Forum I}~76 "I/t'l~tu~e w~~~r ct Aast Cc~ tvt~k ~ ~utuYe" 210 Fidalgo Avenue, Keuai, Alaska 996 1 1-7794 -,r'~~'ti Telephone: 907-283-3692 /FAX: 907-283-3693 - ~",~" , theu~of KENA~ SKif MEMORANDUM To: Kenai Harbor Conunission Dan Everson, Dock Foreman From: Robert J. Frates, Parks & Recreation Director Date: February 5, 2007 "~~ RE: Quarterly Meetings A joint work session was held Monday, January 8 between the Harbor Commission. and the Parks & Recreation Commission. The purpose of this work session was to discuss whether or not the two commissions should combine. The result of that meeting was a recommendation that the two commissions not be combined due to significant disparities. Furthermore, it was recommended that the Harbor Commission meet quarterly and that consideration should be given to a joint meeting or work session between the two commissions at the spring or summer quarterly meetings to discuss important issues related to activities on the lower river.. Is the Harbor Commission still in favor of quarterly meetings? If so, please review the following meeting schedule for discussion purposes at our February ] 2 meeting: January, April, July, a®d October. This schedule should allow ample time to review budget matters and discuss lower Kenai River issues. KENAI CITY COUNCIL POLICY FOR ', COMMISSION, COMMYTTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Commission, Committee Board Reavuointment: If, after a term (or consecutive term) of appointment has been completed, a commission, committee or board member would like to be reappointed for an additional term, an application must be submitted to council for consideration and approval. Formation of Subcommittees of Commissions, Committees or Boards: A subcommittee of a commission, committee or board may be formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and if the formation is approved by Council. If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the public; meeting notices shall be posted on the Official City Bulletin Boazd in Kenai City Hall and on the city website at least five (5) days prior to the meeting; and the meetings may be recorded with a portable tape recorder and the tapes (the official record) stored in the City Clerk's Office. Meetin¢ Schedules: Until further notice, the commission committee meeting schedule is as follows: Commission/Committee/Board Meeting Schedule Scheduled Meetin Da s Planning & Zoning Commission Twice monthly January through December, Second & Fourth Wednesda s Libra Commission Monthl First Tuesda Harbor Commission Monthly First Monday after first council meetin of the month. Council on A in Monthl First Thursda Beautification Committee No meetings Jan., Feb., Nov. & Dec. Second Tuesday Parks & Recreation Commission Bi-Monthl First Thursda Air ort Commission Monthl Second Thursda 1. Commission, committees and boards, including Library, Harbor, Parks & Recreation and Airport Commissions and Beautification Committee, shall meet as listed above. 2. Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning & Zoning Commission and the Personnel Arbitration Board is exempted from this meeting directive. 4. Commissions, committees, boards and the Council on Aging may, with the City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific purpose) on an as-needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of quorum, etc. 6. All commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at '7:00 p.m. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. 7. Any additional commissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Council. Minutes/Meeting Recordin¢: 8. Excepting the Planning & Zoning Commission and Personnel Arbitration Board, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Summary minutes will be produced by the City Clerk from the department liaison notes and provided to the City Council as official records of the meetings. 10. Electronic recordings of the meeting group, except the Planning & Zoning Commission, shall be kept for two years. 11. Planning & Zoning Commission meeting recordings shall continue to be kept for six years. Work Sessions• 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of aregularly-scheduled advertised meeting. 14. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. This directive shall take effect on May 3, 2006 and remain in effect until modified by the Kenai City Council. Approved by the Kenai City Council on the third day of May, 0 /~y~ /~ - PAT PORTER, MIAAYOR ATTE T: ~, ~f/f G~..Q/ Carol L. Freas, City Clerk clf Revised 5/3/06 Iona AGENDA KENAY CITY COUNCIL -REGULAR MEETING FEBRUARY 7,2007 7:00 P.M. KENAI CITY COUNCIL http: / /www.ci.kenai.ak.us %TEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the councff and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Scott Hattenburg & Lori Dilley, Hattenburg, Diliey & Linnell -- Presentation of Arsenic Groundwater Study. ~' 2. Casey Reynolds, Economsc Development Planner, City of Wasilla -- ~~ Proposed Liquor License Legislation /egrli~ . ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) /,~- 1. Ordinance No. 2204-2007 -- Creating the PRISM Special Revenue Fund and Increasing Estimated Revenues and Appropriations to Fund Operations for FY2007. 2. Ordinance No. 2205-2007 --Amending KMC 7.15.050 to Add Subsection (gj Allowing Emergency Purchasing Without Competitive Bidding. 3. Ordinance No. 2206-2007 --Amending KMC 13.30.010 to Reflect the Renumbering of the Traffic Violation of Negligent Driving in the Alaska Statutes. j 4. Ordinance No. 220?-2007 -- Amending the Official Kenai Zoning Map by Rezoning Tract C, Gusty Subdivision No. 2 and Tract B, Shadura Subdivision, From General Commercial (CG) to Central Commercial (CC). 5. Ordinance No. 2208-2007 -- Amending KMC 14.20.250, Off-Street Parking and Loading Requirements. 6. Ordinance No. 2209-2007 -- Amending KMC 14.25 to Include Four or More Dwellings in the Landscaping/Site Plan Requirements of the Kenai Municipal Code. 7. Ordinance No. 2210-2007 -- Increasing Estimated Revenues and Appropriations by $88,450 in the Airport Fund to Fund PRISM Operations and Replenish the Contingency Accounts. ~~~ 8. Ordinance No. 2211-2007 -- Authorizing the Sale of Approximately 38.224 Acres at Tract I, Baron Park, 2005 Replat in the City of Kenai, Alaska, to Wal-Mart, Inc. and Setting Forth the Price and Other Terms and Conditions of Sale. ~~~~~ ~• 9. Resolution No. 2007-O1 -- Awarding a Contract to Holiday Companies j for Furnishing and Dispensing Unleaded and Diesel Fuel. 10. Resolution No. 2007-02 -- Awarding the bid to Big G Electric & Engineering, Inc. for Kenai Senior Center Light Replacement 2007 for the Total Amount of $36,965.31. 1 L Resolution No. 2007-03 -- Transferring $25,000 in the General Fund '- for Shop Department Operating Supplies. 12. *Liquor License Renewals -- • Peninsula Offers/Recreational Site -- License #846 • BPO Elks Lodge #2425/Club -- License #368 • 2 Go Mart/Package Store -- License #4544 • Three Bears/Package Store-- License #4118 ITEM F: MINUTES 1. *Regular Meeting of January 17, 2007. ITEM G: UNFINISHEI3 BUSINESS ITEM H: NEW BUSINESS ~~/~~ 1. Bills to be Ratified ,~ _ „~~ 2. Approval of Purchase Orders Exceeding $15,000 /~ 3. *Ordinance No. 2212-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Library Grant. 4. *Ordinance No. 2813-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund to Purchase a Dip Net Pay Shack. 5. *Ordinance No. 2814-2007 -- Increasing Estimated Revenues and Appropriations by $39,000 in the General Fund Shop Department to Rebuild Loader. /ln,~~~~~ 6. Approval -- Consents to Subleases and Amendment to Lease/Lot 7, ~dP Etolin Subdivision, Second Addition to DEHR-JV Company. /,~1~ 5o~i%rnL 7. Discussion -- Zoning Powers/Restricting Access to the Kenai River. ~~~ PP~d/~07 8. Discussion -- Schedule Work Session/Kenai Municipal Airport ~il.~ .~~q~leyc- ~ Supplemental Planning Assessment, Phase 2 Report. ~~ al~~i.,~vs~ ITEM Y: COMMISSYON/COMMYTTEE REPORTS i. Council on Aging 2. Airport Commission 3. Harbor Commssion 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Comnuttee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS i. City Manager 2. Attorney 3. City Cierk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council -- None Scheduled ITEM M: ADJOURNMENT AGENDA KENAI C%TY COUNCIL -REGULAR MEETING FEBRUARY 21, 2007 7:00 P.M. IfENAI CYTY COUNCIL CHAME http: / /www.ci.kenaf.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda '"All items listed with an asterisk ('~) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders: ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Tsm Robertson, NUKA Reseazch -- Emergency Operations Plan Review 2. Rusty Belanger, Acting' State Fare Marshall -- PRISM YTEM C: UNSCHEDULED PUBLIC COMIIU;NTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEG%SLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) ~~~ ~ 1. Ordinance No. 2212-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Library Grant. /~~ ~ 2. Ordinance No. 2213-2007 -- Increasing Estimated Revenues and /~ Appropriations by $2,000 in the General Fund to Purchase a Dip Net Pay Shack. ~~~~ 3. ~P~~~. ~~~ /~ ~ 4. ~. Ke~ 5. ~~~~D~ Ordinance No. 2214-2007 -- Increasing Estimated Revenues and Appropriations by $39,000 in the General Fund Shop Department to Rebuild Loader. Resolution No. 2007-04 -- Transferring $20,000 In the Airport Fund to Repair Props at PRISM. Resolution No. 2007-05 -- Approving the Lease Form for Leases of Airport Land Outside of the Airport Reserve. ~~'~u-~~ 6. Resolution No. 2007-06 -- Approving the Lease Form for Leases of sf~~jb7 Airport Reserve Property. ~~~~o~ ~, 7. Resolution No. 2007-07 -- Accepting the Donation of a Foam Pumper From ConocoPhillips Alaska, Inc. ~~~~~~. 8. Resolution No. 2007-08 -- Approving an Agreement Between the State of Alaska, Department of'I7ansportation & Public Facilities, Department of Corrections, and the City of Kenai, Alaska, to Facilitate Construction of a Water Main to the Wildwood Correctional Complex, Project No. 50783 and Authorizing the City Manager to Execute the Agreement on Behalf of the City of Kenai. ITEM F: MINUTES *Regular Meeting of February 7, 2007. YTEM G: UNFINYSHED BUSINESS ITEM x: ~Ofr~ 1. Bills to be Ratified ~<~5~'r`"`" 2. Approval of Purchase Orders Exceeding $15,000 ~~~~~e~ 3. *Ordinance No. 2215-2007 -- Increasing Estimated Revenues and Appropriations by $1,212 in the General Fund for a Library Grant. /~hr~~¢o 4. Approval -- Mini-Grant Application Amendments. ~~~~~ p~~~,,~ 5. Approval -- Rental Agreement/Chevron North America Exploration and "/"f" ~~`~'~' 1~.w Production -- Alaska Regional Aircraft Fire Training Center. ~~~~~~ G~6. Discussion -- Vintage Pointe Senior Housing/Raise of Rental Rates 7. Discussion -- Public Opinion Poll ~~~~ yLU Discussion -- Expansion of Kenai Municipal Cemetery ITEM I: COMMISSION/COMMQTTEE REPORTS 1. Council on Aging 2. Airport Commission 3.. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Conunission 7. Miscellaneous Conmiissions and Committees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTYVE SESSION -None Scheduled ITEM M: ADJOURNMENT ~}e~ X16 w ~; ~', d ~" ~ ;~ C~ ~~ r r