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2008-08-06 Council Packet
AGENDA ENAI CITY COUNCIL -REGULAR MEETING ,% AUGUST 8, 2008 7:00 P.M. ,., KENAI CITY COUNCIL CHAMBERS srrurn'russn http~/1www.ci.kenai.ak.us U - ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Roland Maw, United Cook Inlet Drift Association -- Proposed Findings & Integrated Fishing Community Report. 2. Rosalie Tepp, Chair, Kenaitze Indian Tribe Tribal Council -- Kenai Municipal Reserve. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2°/)for Certain Employees in Step CC n the City of Kenai Salary Schedule. (Clerk's Note: Ordinance No. 2314-2008 was postponed on June 4, 2008 fo the August 6, 2008. The mofion to approve is active.) 2. Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2327-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active.) 3. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2328-2008 was made and the ordinance subsequently postponed fo Augus[ 6, 2008. The mofion fo approve is active.) 4. Ordinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Funtl to Replace the Visitors Center Heating System. 5. Ordinance No. 2333-2008 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses. 6. Ordinance No. 2334-2008 -- Enacting a New Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Development of an Addition to the Existing Cemetery, Its Integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years. 7. Resolution No. 2008-45 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Elgin Sweeper. 8. Resolution No. 2008.46 -- Awarding a Contract to Yukon Equipment, Inr for en Flgi^ Crosswind .I $weener fpr the Total Amount of $194;616 F.O.B. Kenai. 9. Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." a. Substitute Resolution No. 2008.47 -- Directing the Continuation of the Project Entitled "Ames Road South LID Special Assessment District" and Designating What Improvements are to be Included in This Project. 10. Resolution No. 2008-48 -- Establishing a Policy Regarding Donation of Money, Services or Equipment of $5,000 or More in a Fiscal Year to a Non-Profit [501(C)(3) Organization Requiring that the Non-Profit Provide to the City Its Most Recent IRS 990 Tax Form and an Audit or Financial Statement That is Acceptable to the City for Review Prior to Disbursement of a Donation of Funds, Services or Equipment. 11. Resolution No. 2008-49 -- Supporting the Execution of the 2010 Census and Encouraging Total Community Participation. 12. Resolution No. 2008-50 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. 13. Resolution No. 2008-51 -- Supporting a Feasibility Study and Needs Assessment in Consideration of a Domed All Sports Facility in the Central Kenai Peninsula Area. 14. Resolution No. 2008-52 -- Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled "New Water Transmission Mains (Phase II), Wellhouse, WeIIS, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2010. ITEM G: UNFINISHED BUSINESS --None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3, *Ordinance No. 2335-2008 --Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund far Police Training. 4. *Ordinance No. 2336-2008 --Increasing Estimated Revenues and Appropriations by $5,000 in the Airport Fund and by $200,000 in the Runwav Imorovement Capital Proiect Fund for Caoital Imorovements. 6. Approval -- Vacation of Klamath Avenue, a 60-Foot Right-of-Way Along the South Boundary of Lot 1, Block 1, Dedicated by Buffalo Run Subdivision Phase 1 (Plat KN 98-5), and Any Associated Utility Easements, Within Section 35, Township 6 North, Range 11 West, Seward Meridian, Alaska; the City of Kenai antl Within the Kenai Peninsula Borough; KPB File 2008-157. EXECUTIVE SESSION -- None scheduled. ITEM N: ADJOURNPAENT 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 httc://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211 TESTIMONY SIGN-IN SHEET ~~~l~~ ~~lL~1 t r TESTIMONY SIGN-IN SHEET (> 0 ..,. 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J -~Q j`" ~° s Z Q w W z ~., J ~ o p w Q ' S O ~ O -~ O ~- O ~ O ~ Q ~ ' p w -,: ~ ~ m d cn cn w °`s 1 AGENDA KENAI CITI' COgUNyC~IrL -y REGU®LAR MEETING AVGVOT V, 2®®O 7:®® P.M• KENAI CIT% COUNCIL CHAMBERS httpa /www.ci.kenai.ak:us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Cali 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 wilt 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) Roland Maw, United Cook Inlet Drift Association -- Proposed Findings & Integrated Fishing Community Report. REMOVED. Rosalie Tepp, Chasr, Kenaitze Indian Tribe Tribal Counesl -- Kenai Municipal Reserve. 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.) POSTPONED TO SEPTEMBER 3 2008 Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: Ordinance No. 2314-2008 was postponed on June 4, 2008 to the August 6, 2008. The motion to approve is active.) PASSED UNANIMOUSLY. Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2327-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to annrove is active.) POSTPONED TO AUOUST 20 2008 Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2328-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active.) 4. PASSED UNANIMOUSLY. Ordinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. PASSED UNANIMOUSLY. Ordinance No. 2333-2008 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses. AMENDED AND PASSED UNANIMOUSLI? Ordinance No. 2334-2008 -- Enacting aNew Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Development of an Addition to the Existing Cemetery, Its Integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years. PASSED UNANIMOUSLY. Resolution No. 2008-45 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Elgin Sweeper. PASSED UNANIMOUSLY. Resolution No. 2®®8-4~ -- Awarding a Contract to Yukon Equipment, Inc. for an Elgin Crosswind J Sweeper for the Total Amount of X194,616 F.O.B. Kenai. Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." a. Substitute Resolution No. 2008-47 -- Directing the Continuation of the Project Entitled "Ames Road South LID Special Assessment District" and Designating What Improvements are to be Included in This Project. b. SUBSTITUTED AND POSTPONED TO SEPTEMBER 3 2008. Substitute Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." 10. AMENDED AND PASSED UNANIMOUSLY. Resolution No. 2008-48 -- Establishing aPolicy Regarding Donation of Money, Services or Equipment of $5,000 or More in a Fiscal Year to aNon-Profit [501(C)(3) Organization Requiring that the Non-Profit Provide to the City Its Most Recent IRS 990 Tax Form and an Audit or Financial Statement That is Acceptable to the City for Review Prior to Disbursement of a Donation of Funds, Services or Equipment. 11. PASSED UNANIMOUSLY. Resolution No. 2008-49 -- Supporting the Execution of the 2010 Census and Encouraging Total Community Participation. 12. PASSED UNANIMOUSLY. Resolution No. 2008-50 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. 13. PASSED UNANIMOUSLY. Resolution No. 2008-51 -- Supporting a Feasibility Study and Needs Assessment in Consideration of a Domed All Sports Facility in the Central Kenai Peninsula Area. 14. PASSED UNANIMOUSLY. Resolution No. 2008-52 -- Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled "New Water Transmission Mains (Phase II), Wellhouse, Wells, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2010. ITEM F: MINUTES *Regular Meeting of July 2, 2008 (corrected). *Regular Meeting of July 16, 2008. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. APPROVED. Bills to be Ratified 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED BY CONSENT AGENDA. '°Ordinance No. 2335-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Training. 4. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2336-2008 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Airport Fund and by $200,000 in the Runway Improvement Capital Project Fund for Capital Improvements. 5. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2337-2008 -- Increasing Estimated Revenues and Appropriations by $500,000 in a Drift Boat Pull Out Capital Project Fund and Decreasing Estimated Revenues and Appropriations by $500,000 in the Street and Sewer Capital Project Fund for Public Improvements. 6. NO ACTION TAKEN /APPl2OVED~ Approval -- Vacation of Klamath Avenue, a 60-Foot Right-of--Way Along the South Boundary of Lot 1, Block 1, Dedicated by Buffalo Run Subdivision Phase 1 (Plat KN 98-6), and Any Associated Utility Easements, Within Section 35, Township 6 North, Range 11 West, Seward Meridian, Alaska; the City of Kenai and Within the Kenai Peninsula Borough; KPB File 2008-157. ITEM I: COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM Id: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGTSLATION (This item lists legislation which will be addressed at a later date as noted.) -- None Scheduled ITEM N: ADJOURNMENT AGENDA KENAI CITY COUNCIL -REGULAR MEETING AUGUST 6, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt:p: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER Pledge of Allegiance 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 wili 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. Roland Maw, United Cook Inlet Drift Association -- Proposed Findings & Integrated Fishing Community Report ............................................................. 2. Rosalie Tepp, Chair, Kenaitze Indian Tribe Tribal Council -- Kenai Municipal Reserve .......................................................................................... 26 ITEM C: UNS~:iiEDULED PuBLiC COMn%tENTS (3 minutes) YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule ..........................................:................................................... 33 (Clerk's Note: Ordinance No. 2314-2008 was postponed on June 4, 2008 to the August 6, 2008. The motion to approve is active.) 2. Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial ...................................................... 35 (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2327-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active. 3. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial.... 39 (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2328-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active.) 4. Ordinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System ............................... 49 5. Ordinance No. 2333-2008 --Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses ...................:..................................................................................... 52 6. Ordinance No. 2334-2008 -- Enacting a New Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Cornmiitee to Assist in tfie Plarinicig and Development of an Addition to the Existing Cemetery, Its Integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years .......................................................................................... 54 7. Resolution No. 2008-45 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Elgin Sweeper .................................................................. 56 '' 8. Resolution No. 2008-46 -- Awarding a Contract to Yukon Equipment, Inc. for an Elgin Crosswind J Sweeper for the Total Amount of $194,616 F.O.B. Kenai.... 57 9. icesoiution No. 2008-4 i -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." ..................................................................... 61 a. Substitute Resolution No. 2008-47 -- Directing the Continuation of the Project Entitled "Ames Road South LID Special Assessment District" and Designating What Impirovements are to be Included in This Project........... 72 10. Resolution No. 2008-48 -- Establishing a Policy Regarding Donation of Money, Services or Equipment of $5,000 or More in a Fiscal Year to aNon-Profit [501(C)(3) Organization Requiring that the Non-Profit Provide to the City Its Most Recent IRS 990 Tax Form and an Audit or Financial Statement That is Acceptable to the City for Review Prior to Disbursement of a Donation of Funds, Services or Equipment ..................................................................................... 74 11. Resolution No. 2008-49 -- Supporting the Execution of the 2010 Census and Encouraging Total Community Participation ...................................................... 75 12. Resolution No. 2008-50 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete ......................................................................................... 80 : 13. Resolution No. 2008-51 -- Supporting a Feasibility Study and Needs Assessment in Consideration of a Domed All Sports Facility in the Central Kenai Peninsula Area ................................................................................................ 85 14. Resolution No. 2008-52 -- Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled "New Water Transmission Mains (Phase II), Wellhouse, Wells, and Related Improvements" as the Number One Local State Funding Priority far Fiscal Year 2010 ............................................................................................................... 86 ITEM F: MYNUTES 1. *Regular Meeting of July 2, 2008 (corrected) .................................................... g7 2. *Regular Meeting of July 16, 2008 ................................................................... 102 ITEM G: ITEM H: NEW BUSINESS 1. Bills to be Ratified .......................................................................................... 121 2. Approval of Purchase Orders Exceeding $15,000 .............................................. 122 3. *Ordinance No. 2335-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Training ..................... 123 4. *Ordinance No. 2336-2008 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Airport Fund and by $200,000 in the Runway Improvement Capital Project Fund for Capital Improvements ............................ 124 5. *Ordanance No. 233'7-2008 -- Increasing Estimated Revenues and Appropriations by $500,000 in a Drift Boat Pull Out Capital Project Fund and Decreasing Estimated Revenues and Appropriations by $500,000 in the Street and Sewer Capital Project Fund for Public Improvements .................................. 129 6. Approval -- Vacation of Klamath Avenue, a 60-Foot Right-of-Way Along the South Boundary of Lot 1, Block 1, Dedicated by Buffalo Run Subdivision Phase 1 (Plat KN 98-6), and Any Associated Utility Easements, Within Section 35, Township 6 North, Range 11 West, Seward Meridian, Alaska; the City of Kenai and Within the Kenai Peninsula Borough; KPB File 2008-157 ........................... 131 ITEM I: COMMISSION/COMMYTTEE REPORTS 1. Council on Aging ........................................................................................... 149 2. Airport Commission ...................................................................................... -- 3. Harbor Commission ...................................................................................... -- 4. Library Commission ...................................................................................... -- 5. Parks 8v Recreation Commission .................................................................... 151 6. Planning 8v Zoning Commission ..................................................................... 157 7. Miscellaneous Commissions and Committees a. Beautification Committee ........................ b. Alaska Municipal League Report .............. c. Mini-Grant Steering Committee ................ ITEM J: REPORT OF THE MAYOR..... ITEM K: ADMINISTRATION REPORTS 1. City Manager ..................................................:............................................. -- 2. City Attorney ................................................ -- ................................................ 3. City Clerk ........................................................................ -- ............................. ITEM L: DYSCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDYNG LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) EXECUTIVE SESSION -- None Scheduled. YTEM N: ADJOURNMENT INFORMATYON ITEMS MAY 20, 2008 Page No. 1. 8/6/2008 Purchase Orders Between $2,500 and $15,000 for council review ............................................................................................................ 164 2. 7/25/08 Public Works Department, Project Status Report ...............:.................. 165 3. 7/29/08 R. Slocombe letter related to Dip Net Fishery concerns ........................ 167 4. Draft Ordinance/Supporting the creation of a U.S. Department of Peace............ 169 5. 5/8/08 Kenai River Special Management Area Advisory Board Meeting Minutes. 171 6. 8/5/08 Kenai Peninsula Borough Assembly Meeting Agenda .:........................... 176 7. 7/25/08 Kenaitze Indian Tribe, IRA letter supporting a smoke free workplace ordinance ....................................................................................................... 184 AVGVPJT V, 2®®~ REGULAR COUNCIL MEETYNG ITEM REMOVE: ADD AS: ADD TO: SUBSTITUTE: SUBSTITUTE: REQUESTED ADDITIONS/CHANGES TO THE PACKET B-2, Rosalie Tepp, Chair, Kenaitze Indian Tribe Tribal Council -- Kenai Municipal Reserve. REQUESTED BY: CITY MANAGER E-9b, Substitute Resolution No. 2008-47 -- Terminating the Project Entitled, "Ames Road South LID Special Assessment District." CITY MANAGER E-10, Resolution No. 2008-48 -- Council Member Molloy memorandum of relevant IRS information. E-12, Attachment A of Resolution No. 2005-50 -- List changes are indicated in bold type. H-2, Purchase Orders Exceeding $15,000 -- (Change is vendor Digital A11y for in-car video cameras.) CONSENT AGENDA COUNSELOR MOLLOY PUBLIC WORKS ADMINISTRAT%ON No changes. ra~ase ~inin s fear the Upper hook Ir~Iet Ja-in~ Le~islatl~e S~lr~art Task Fa~ee Presented by United Cook Inlet Drift .Association i'ropos~d Findin~~ 'I"Ite lintegrated Fishing Community o€ the Kenai Peninsula. {page 3} 1. The Kenai Peninsula has a highly integrated seafood industry that is worth over a half a billion dollazs annually. 2. Salmon harvests are a vital component of this highly integrated seafaod industry of the Kenai Peninsula. 3. Alaskan families involved in this seafood industry depend on predictable and stable harvests of seafoods. 4. All Alaskans receive a reduced freight dividend on goods coming into South Central from the export of millions of pounds of seafood products. Mat-Sn Selman Returns {page 4, $-9) 5. Over 95% of the Chinook Salmon originating from the Mat-Su. Area return to the Mat-Su Area. 6. On average, 9~% of the Chum Salmon. originating from the Mat-Su Area return to the Mat-Su Area. 7. Over 95% of the Pink Salmon. originating from the Mat-Su Area return to the Mat-Su Area. $. Over $5% of the Coho Salmon originating from the Mat-Su Area return to the Mat-Su Area. 9. Well over ~0% of the Sockeye Salmon originating from the Mat-Su Area return to the t,_ 1V16t^JLL Alec. ' Salmon Escapements in the Mat-Su (page 4, l0) 10. The Bendix Sonar Counter vastly underestimates the actual sockeye escapements into the Yentna River. 11. The DIDSON Sonaz Counter demonstrates that escapement goals are being met. 12. The Fish Weirs, actual. salmon passage counts, demonstrate that escapement goats are being met. 13. ADP&GMark/Recapture escapements clearly indentify that sockeye salmon overescapements are occumng in the Yentna, Mat-Su Area. Board of Fish 14. The Board of Fisheries (BOP) appropriately considered thousands of pages of written materials and public testimony before rendering its regulatory decisions. 2 ADT&G l5. The ADF&G, as well as the sport and commercial harvesters all understand the decisions rendered by the BOF at its 2008 meeting. 16. The ADF&G has taken upon itself to unilaterally change the management plans without new, significant inseason information. Susitna River Sport Harvests (page 1 l) 17. The numbers of angler days of the Susitna River are decreasing while the sport harvests of salmon ramaia stable. Chinook Harvests from Eastside Susitna, Westside Susitna, West Cook Inlet and Knik Arm management units 1.979-2006 (pages 51,59) 18. Chinook harvests in these areas have remained stable since the early 1980's. 19. Chinook harvests in the Westside Susitna management units haue significantly increased since the mid 1990's. Coho Harvests -Knik Arm, Littte Susitna River (pages 17,19) 20. During 2006 fishing guides acrd anglers reported. above average catches of coho salmon throughout the season. despite extremely high water levels which occurred near the peak of the salmon run. 21. Total sport harvest of coho salmon in Knik Arm streams (excluding Little Susitna River) was 27,300 fish in. 2006, about 150% of the 2001-2005 mean of 17,600 fish (Table 16) .Taal harrest was drverA by a record high harvest frau, Jiii~ Creek. The 2006 harvest o,` 19,300 on Jim Creek was nearly double the 2001-2005 mean of 10,400 fish. Pike -Presence and Distribution in tlae Mat-Su (pages 87, t21-125) 22. Narthem Pike have both extensive and abundant. distribution in the Nfat-Su Area. These pike populations are highly predatory toward salmon populations. 3 -~ -: The Integrated Fishing Community of the Kenai Peninsula The Kenai is richly endowed with abundant renewable and non-renewable natural resources, In many ways we are an island community much like Kodiak. The Kenai Peninsula has a huge coastal area that is one of the largest in the United States. The Kenai has same of the most productive fresh and salt water fish habitat areas in Alaska. This productive and diverse resource base provides one of the economic foundations for our communities. Since Workd War 11 there have been thousands of families that have made the Kenai home and have economically invested in the infrastructure necessary for the production, harvesting, processing and marketing of these abundant fishery resources. Atong with the f shery infrastructure, the families of Alaska and the Kenai have made very large economic investments to build a society comprised of the Borough schools, roads, banks, electrical, medical and transportation infrastructures. We have encouraged many families and small business owners involved in support industries to locate and develop on the Kenai. Halibut One out of every three hai(but (36%) caught in the entire Pacific Ocean are brought to the docks of the Kenai Peninsula. in 2006, there were 17,762,774 million pounds of halibut delivered. These halibut generate in excess of $267,000,000 of economic activity. As families are paid for harvesting these halibut, they in turn spend these funds throughout the Kenai, Anchorage and Alaskan economy for the purchase of goods and services. Black Cod (sablefish>: Most Alaskans are not familiar with this premium quality fishery. In 2006 there were 9,975,098. pounds of sablefish delivered across the Kenai Peninsula docks. These deliveries represent 30% of the total landing generating in excess of $100,040A04 of economic activity. Again, as the harvesters are paid, these families in turn purchase goods and supplies throughout Alaska. The 3,000,000 - 4,000,000 pounds of bait needed to harvest the 27,000,004 pounds of halibut and black cod are purchased locally. This bait industry is integrated iota the halibut and black cod production. Salmon: The Kenai Peninsula has the second largest sockeye salmon fishery in the world. In 2006 the landings of salmon came to 76,569,129 pounds representing over $200,000,000 in economic activity. Like halibut and sablefish landings, these funds provide for families, schoo}s, roads, professional services and governments all supported by the payment of taxes. Ail seafood products from the Kenai or its residents collectively amountto over 134,263,760 pounds of seafood worth over a half a billion dolEars. The integration of vessels, fuel stations, docks, ice plants, processing facilities, crews, processing workers, truck drivers, packaging, marketing, management and recordkeeping add thousands ofjobs for Alaskan families. Millions of dollars are spent in Anchorage, the Mat- su and the Kenai by all these harvesters, processors, workers and their families. There are dozens of semi-truck loads of packaging, cardboard boxes and plastic materials purchased in Anchorage in order to prepare these seafood products for shipment to the lower 48. These harvesters and infrastructdre workers are volunteer firemen and paramedics; they sit on assemblies, city councils, school boards, planning commissions and hundreds of loca4 civic groups. 4 Economic New Money and Indirect Benefits ;, w r, As seafoods from Kenai residents and the Peninsula enter the larger USA and world economy, there is a transfer of money from their economy to our local economy. These resources bring new money to the Kenai much the same as oil and gas when they are sold outside of Alaska. This new money is much different than money that already exists in the Kenai/Alaskan economy. Economic health and wealth are created as we bring new money to our economy, as compared to trading the same dollar back and forth. Every semi truck or ocean container that leaves the Kenai loaded with seafood represents a savings for al! of us. dt costs us all to ship empty semis or containers back to the Lower 48. Every full semi or container going south helps to reduce the transportation costs to get groceries and consumable goods delivered into Alaska. This reduced freight subsidy generated by the euport of over 2,500 truckloads of seafood annually is an economic blessing to all Alaskan families and businesses. This 100,000,000 pounds of seafood produced by the Kenai provides for over 125,000,000 meals for Alaskans and families across America. Ittakes swell-integrated seafood industry to provide this quanfrty and quality of seafoods. Kenai Peninsula Borough and Resident Landings in 200& Number of Fishermen. Fishery Group Who Fished Crab 11 Halibut 674 Herring 33 Other Finfish 0 Other Groundfish 86 Other Shellfish 31 Sab4eflsh 251 Salmon 1,260 Unknown 0 Total 2,348 Number of Estimated Permits Total Pounds Ex-Vessel Fished Landed Earnings 13 1,504,821 $3,212,603. 677 17,762,774. $66,897,960 42 "" ** 0 0 $0 93 15,632,269 $6,016,077 32 *" `* 260 9,975,D98 $23,556,306 1,261 76,569,129 $37,619,569 0 .< .. 2,378 139,263,760 $139,225,621 *"Numbers in table are estimated due to confidentiality The Mat-Su Issue Some folks in the Mat-Su have made two complaints. First: this area is not getting enough fish. Secondly: they want a larger economic slice of the salmon industry. In the last 5 -10 years the folkowing percentages of salmon have gone through the Central and lower Inlet to the streams in the Mat-Su: • 45% of the King Salmon from the Mai-Su have returned to the Mat-Su -"`1r~. -~..~^ ---w"'~ + 95% of the Chum Salmon from the Mat-Su have returned to the Mat-Su • 95°k of the Pink Salmon from the Mat-Su have returned to the Mat-Su • 85%of the Coho Salmon from the Mat-Su have returned to the Mat-Su • SO% of the Sockeye Salmon from the Mat-Su have returned to the Mat-Su Yentna River Isockeve) counts -.Escapement Goal 90 000-160.000 Range Method 2006 2007 Bendix 92,896 79,901 DIDSQM 160,452 130,000 Bold-within escapement goa6 range *Fish Weirs 126,218 96,589 Mark/Recapture 4Z7,7S0 247,000 Bald !folic-above escapementgaa(range ;'This weir count occurred on 5 of the 12 known sockeye salmon producing lakes in the Yentna Drainage. United Cook Inlet Drift Assoeiation * 43961 K-Beach Road Suite E * Soidotna, AK 99669 5 State of A{aska Commercial Fisheries Entry Commission. May 7, 2008 Kenai Peninsula Borough Residents with Landings Within the Kenai Peninsula Borough in 2000 Number of Fishermen Who Number of Total Pounds Estimated Gross Fishery Group Fished Permits Fished Landed Earnings Crab 0 0 0 $0 Halibut 285 287 5,513,742 $21,086,768 Herring 13 13 Other Finnsh 0 0 0 $D OtherGroundfish 33 35 3,130,057 $1,393,740 Other Shellfish 4 4 '"" °" Sablefish 62 66 1,477,196 $3,446;391 Salmon 585 584 22,373,843 $12,241,229 Unknown 0 0 0 $0 Total 795 989 32,525,625 $38,204,934 Notes: 1. Due to the confitlenYiat nature of fish ticket information (AS 76.05.875) at feast faun people, permits, vessels, or processors must have recorded landings for CFEC to report pounds and gross earnings information. When fewer than four people, permits, vessels, or processors are represented, the peuntls and estimated gross earnings are masketl with'*". It is sometimes necessary to mask additional values so that masked povntls or gross earnings information cannot be calculated. 2. Residency in the Kenai Peninsula Borough is based on the residency permit holders claimed and the permanent address they provided on CFEGlicensa forms. For the purposes of this report, persons who claimed to be Alaska residents and provided an atltlress in the Kenai Peninsula Borouah are treated as Borouah residents. Persons claiming to be nonresidents but vino provided an address wHhin the Kenai Peninsula Borouah are canaidered nan-Borough residents. Any Rermft holder providing 8 permanent address outside the Kena{ PgNnsula Borough, regardless of Alaska residency, is considered anon- 8orough resident Communities considered within the Kenai Peninsula Borough ere based upon the 2000U.5. Census. 3. For the purposes of this repan, the locafion of the landing Is based an the port code indicated en the fish ficket. Landings are considered fo occur within the Kenai Peninsula Borough for the following parts: Homan {HOM), Kasitof (KAS), Kenai (KEN), Nikishka ar Nlkiski (NtK), Ninllehik (NIN), Port Graham (GRM), Seitlovia (SEL}, Seward (SEVtn, and Soldotna (SOL). All other landings, including those with an unknown port (UNK), are considered outside the Borough. 4, Non-commercial catch, such as derby, research, confiscated, and personal use, is excluded from this table. 5. The number o£ fishermen who fished refleCs the number of people who made at least one landing as a permit holder. This fgure includes anyone whc participated, including persons vdho later transferred away their permit, who later had their permft revoked, or who only bald the permit temporarily due to an emergency transfer In cases where a permit bas been transferred, more than one person mey have fished the same permit 6. The number of permits fished reflects the number of permits attributed with at least one landing, including those that were later revoked. 7. The total pounds o` fsh landed on permits in each fishery group include batn targetetl and incidental catch. In the case of halibut landings, the pounds reflect net pounds offish. For all other fisheries, the, pounds reflect round pountls. 8. The estimated gross eamings of all fish landed on permits in each fshery group is derived from an ex-vessel price par pound developed by the CFEC Research section. CFEC Project #2008107 6 ~" State of Alaska Commercial Fisheries Entry Commission May 7, 2008 Kenai Peninsula Borough Residents with Landings Outside fhe Kenai Peninsula Borough in 2006 Number of Fishermen Who Number of Total Pounds Estimated Gross Fishery Group Fished Permits Fished Landed Earnings Crab 11 13 1,504,821 $3,212,603 Halibut 77 77 1,899,458 $6,615,389 Herring 20 29 "" "` Other Finflsh 0 0 0 $0 OtherGroundfish 45 47 12,181,928 $4,453,788 Other Shellfish 3 4 "" "" Sablefish 32 35 1,187,137 $2,752,681 Salmon 260 262 46,056,919 $19,980,925 Unknown 0 0 0 $0 Total 362 467 80,224,557 $38,557,155 Nctes: 1. Due to the confidential nature of fish ficket informaffon (AS 16A5.815) at least four people, permits, vessels, or processors ' must have recorded landings for CFEC to report pounds and gross earnings Information. When fewer than four people, permits, vessels, or processors are represented, the pounds and esCmated gross earnings are masked with'"". tt is sometimes necessary to mask adtlifiona! values so that masked pounds or gross earnings Nformation cannot be calculated. 2. Residency in the Kenai Peninsula Borough is based on the residency permit holders claimed antl the permanent address they provided on CFEC license forms. For the purposes of this report, persons who claimed to be Alaska residents and provided an address in the Kenai Peninsula Bcrough are treated as Ba;cugh res'sdants. Parscns ciahring to be nonresidents .but who provided an address within the Kenai Peninsula Borough ate considerec non-Borough residents. Any permif holder providing a permanent address outside the Kenai Peninsula Borough, regardless of Alaska residency, is considered anon- Borough resident Communities oonsitlered within the Kenai PeninSUla Borough ere based upon the 2000 U.S. Census. 3. For the purposes of this report, the location of the landing is basal on the port code indicatetl on the fish ticket. Landings are cansideretl to occur within the Kenei Peninsula Borough for the following ports: Nnmer (HOMY, Kasilof (KAS), Kenai (KEN), Nikishka or Nikiski (NIK), Ninilchlk (NINy, Port Graham (GRM), Seldovia (SEL), Seward (SEW), and Saldoina (SOL). All other landings, including those with an unknown port (UNK), are considered nutsitle the Borough. 4. Non-commercial catch, such zs derby, research, confiscated, and personal use, Is exciudetl from this table. 5. The rmmger of fishermen who fished reflects £ne number of people who made at least ene landing as a permit holder This figure includes anyone who participated, including persons who later transferred away their permit, who later had their permit revoked, ar whc only held the permit temporarily due to an emergency transfer, In oases where a permit has been transferred, more than one person may have fished the lama permit. 6. The number of permits fished reflects the number of permits attributed with at least one landing, including those that were later revoked. 7, The total pountls of fish landetl on permits in each fishery group include both targeted and incidental patch. In the case of halibut landings, the pounds reflect net pounds of Fish. For alt otherfisheries, five pounds reflect round pounds. 8. The estimated gross earnings of all fish landed on permits in each fishery group is derived from an ex-vesse4 price per pound developed by the CFEC Research section, CFeC Project #2008107 7 ~ State of Alaska Commerc+al Fisheries Entry Comm+ssion May 7, 2008 Non-Borough Residents with Landings Within the Kenai Peninsula Borough [n 2006 Number of Fishermen Who Number of Total Pounds Estima#ed Gross Fishery Group Fished Permits Fished Landed Earnings Crab 0 0 0 $0 Halibut 312 313 10,349,574 $39,195,803 Herring D 0 0 $0 Other Finfish 0 0 D $0 Other Oround6sh 10 11 320,284 $188,549 Other Shellfish 24 24 `" SabVefish 157 159 7,310,765 $17,357,234 Salmcn 415 415 8,138,367 $5,397,416 930 .~ Unknown ., Total 749 922 28,513,578 $62,483,532 Notes t ~ Due to the confidential nature cf fish ticket intormatlon (RS !6.05.895} at least four people, permits, vessels, or processors must have recorded landings for CFEC to report pounds antl gross earnings information. When fewer than tour people, permits, vessels, ar processors are represented, the pounds and estimated gross earnings are masked with "". It is sometimes necessary to mask additional values so that masked pounds or gross earnings information cannot be calculated. 2. Residency in the Kenai Peninsula Borough is based an the residency permit holders claimed and the permanent address they provided on CFEC license forms. For the purposes of this report, persons who claimed to be Alaska residents and provided an adtlress fn the Kenai Peninsula Borough are treated as Borough residents. Persons Gaiming to be nonresidents but who provttled an address within the Kenai Peninsula Borough are considered non-Borough residents. Any permit holder providing a permanent address outside the Kenai Peninsula Borough, regardless of Alaska residency, is considered a nop- Borough resident. Communities consitleretl within the Ksnai Penlnsu(a Borough are based upon the 2U00 U.S. Census. 3. Far the purposes of this report, the location of the landing is based on the port code indica#ed on the fish ticket. Landings are considered to occur within the Kenai Peninsula Borough far the following ports: Homer (HOM), Kasllof (KAS}, Kena! (KEN), Nikisnka or Nikiski (NIK), NinilchiK (NIN), Port Graham (GRM), Seldovia (SEL), Sewartl (SEW), and Soidotna (SGL). All other landings, including those with an unknown port (UNK), are considered outside the Borough. 4. Nan-commercial catdh, such as derby, research, confiscated, antl personal use, is excluded from this table. 5. The number of fishermen who fished reflects the number of people who made at feast one landing as a permit holder This figure includes anyonewho participated, including persons whc !afar transferred away their permit, who later had their permit revoked, or who only held the permit temporarily tlue to an emergency transfer. In cases where a permit has been transferred, mare than one person may have fished the same permit. 6. The number of permits fished reflects the number of permits attributed with at (east one landing, including those that were later revoked. 7. The total pounds of fish landed on permits in eaah fishery group include both targeted and incidertai catch. !n the case of halibut lantlings, tho pounds reflect net pounds of fish. Far all ether fisheries, the pounds reflect round pounds: 8. The estimated gross earnings of all fish lantled on permits in each fishery group is derived from an ex-vessel price per pound developed by the CFEC Research section. CFEC Project #2008107 8~ F ~:::. 14T~z 'IC=ILEC1aPTURE P.(7PULATIOi~ ESTIlV.L4TES°OF 00130, P~TI{, ~ CFILIM Iz~.a ~_ SALMON'T2T1NS TO''ITPPETt GOOK INLET IN 2802. ~ s ~ > ~Y k9 ~F h! ~ m+' ~d~-i~, v~i-in j F p - l~n ~ °Y ~ ~ _ ' n" r{~ ~ .4 h '..1p '' ~k•~ _ .~5: t . ~~ n ~~ .~~ `. ~ ~° ~K~ $ .. .. ,Cks~: ~ ~ By e ,r - h. `: '. Robert DeCzno ~,, ;K ~i1'ancy Gone ..r .~ •~ uy~l ;yH ' Regipnap Tnforz~ationRa~rort°No. 2.63-28 • ". ,r. ~, Kaska (Department of F!$Sit and Game Oommereiai FiskDeries Divisiost' 333,12aspberry Ttd. r ,• . Anchora;e, ASaslta 91x1&T5~9 4~ .'. " June 2003; -. i ,: - ~,.•, 9 ABSTRACT This project esthnated the total population sizes, escapements, and axploitatron rates for coho, pink, and chum salmon returning to Unper Ceok Inlet (UCI) in 2002 as a first step toward determining esezpement levels needed to achieve sustained yields for these species. Mark-recapture techniques were used to estimate the rota! population sizes for each species returning to UCI as a whole. Salmon were tagged along a transect running from Anchor Point to the Red River delta on the west side of Cook Inlet during July and early August, Total pppulaton sizes for each species were estimated from recoveries of passive integrated transponder (PIT) tags in commercial fishery harvests. Recoveries of radio telemetry tags were used to estimate the total escapement of coho salmon into all UCI streams for comparison to the estimate derived 1'som PST tags. Radio telemetry tag data were also used to estimate coho salmon escapements into 33 streams and 5 areas azound UCI. Our best PST tag estimate of the total population size of coho satmon retwming to UCI was 2.52 million (95% CI: 2.16-2.87 million). Given a commercial harvest of 0.25 million, the total escapement of coho salmon into all UCI streams was 2.27 million (45% CI: 1.91.2.62 million), and the exploitation rate in the commercial fishergwas about 10%. Our radio tag estimate of the -total escapement of coho salmon into all UCI streams was 1.36 million (95% CI: 0.98-1.96 million}. Thus, our PIT tagging experiment estimated a population size far coho salmon enterng UCT streams that was higher than the estimate obtained from radio tagging. Although, the 95% confidence intervals azound the two estimates overlapped slightly, the z~test statisflc indicated the two estimates were significantly different. Of the total coho salmon escapement into all UCi streams, 56% (v".76 million} retumed to the Susima and Little Susitna River drainages, 19% (0.26 million) retumed to streams along the west side of UCI, 17% {0.24 million} retumed to streams along Knik Arm, 5% (0.07 million) retumed to streams along Turnagain Arm, and 3% (0.04 million) retumed to streams on the Kenai Peninsula, however, Chese estimates for Tumagain Arm and Kenai Peninsula streams do not include the entire escapement, because we stopped tagging before the tuns to these areas were complete. Our PIT tag estimate of the total population size of pink salmon returning to UCI was 21.28 million (95% CI: 1.50-40.96 million). However, Phis esthnate was of questionable value due to its very low precision resulting from problems with tag recovery. Therefore, we estimated a maximum exploitation rate on pink salmon in the comrnercia2 fishery by simply summing escapements that were actually enumerated rn 3 streams. Given a cdmmereial harvest of 0.45 million, the maximum exploitation rate in the commercial fishery was about 12%, However, the actual exploitation rate must nave been much lower, because we did not include esczpements irtc mamerous other streams around UCI.Our PIT tag estimate of the tnral pnp„laden s+~e of chum salmon returning to UCI was 3.88 million (95% CI: 3.30-4.47 miIIion). Given a commercial harvest of 0.24 million, the total escapement of chum salmon into a11UCI streams was $.64 million (95% CI: 3.06-4.23 million), and the exploitation rate in the commercial fishery was about 6%. Despite uncertainty in our salmon population estimates, it is reasonable to conclude that exploitation rates on coho, pink, and chum salmon in the UCI commercial fishery were substantially below opffimal rates in 2002. KEY WORDS: Coho salmon, Oncorhynchus kzsutcit, pink salmon, 0. gorbuscha, chum satmon, O. keta, mark-recapture, passive integrated transponder tags, radio telemetry tags, total population size, escapement, exploitation rate, z, S+Zdt aa6 .!a cae :%~~~ -- 10 x L a U W N ro .y a ua rn 0 n, 0 4 a n r a z ua a a, L ro E w yr h O O CSC ..~, :~ W v L .'7. V G h' v v L l ~r~ i9~7 Susitna River Sport Harvest, 'h{~-zZ-2 006 5 w ~"~ S Approximate num bers Year # Rasp. Days Chinook Sockeye Coho Pink Chum Total 1977 2,577 76,101 3,561 5,477 9,378 26,783 1,671 46,531 1978 1,703 112,116 2,843 971 15,072 55,418 15,687 69,971 1979 1,988 t15,808 6,910 1,5fla 12,893 12,516 4,027 37,932 198tl 2,648 129,161 7,359 1,571 16,499 56,621 4,759 88,839 79$1 1,726 87,643 6,944 1,283 9,391 8,660 4,207 30,485 79&2 1,659 120,444 10,521 2,2C5 76,664 78,822 6,843 53,055 1983 1,787 119,385 1?,271 4,057 8,098 4.531 5,034 33,929 1984 M1,520 t29,856 15,657 3.865 20,083 71.036 5,659 56,274 7985 1,336 124,781 16,353 2,072 15,747 2,888 2,303 39,343 1986 1,070. 156,841 21,022 6,798 24,401 13,040 5,069 70,330 7987 1,519 148,194 ZD,691 4,093 17,510 3,676 3,259 49,229 198$ 2,171 191,017 24,271 4,477 31,996 6,093 7,223 74,060 1989 3,698 184,606 28,539 3,$19 31,941 3,237 4,45$ 71,994 1990 3,685 185,707 26,193 3,582 23,879 5,223 1,671 Bp,528 1997 3,719 211,$14 29,953 4,517 36,987 2,378 2,141 75,92t 700'L F612 239,645 39,783 4,843 46,760 7,136 2,272 100,074 1893 5,149 232,253 43,804 6,129 40,535 4,501 1,602 96,571 7994 4,484 217,485 25,000 4,852 34,420 3,227 1,516 69,015 1995 3,065 756,421 74,005 5,596 34,568 2,634 3,825 60,728 1996 2,889 721,694 16,849 3,446 -39,589 4,448 3,105 61,439 '"1997 2,889 t32,570 18,607 8,728 16,728 3,741 3.719 50,923 1998 3,069 129,551 19.905 7,930 35,250 7,107 2,613 72,805 ~' 7999 3,483 212,615 29,468 9,504 42,563 3,464 3,362 86,381 " 2000 4,524 234,469 29,105 71,42p 60,852 13,580 3,873 178,839 2001 3,658 198,792 27,372 12,430 45,525 4,724 3,679 93,670 2002 3,440 183,056 22,052 5.308 41,379 4,460 3,786 76,965 2003 3.100 481,686 24,534 11,394 34,725 2,224 3,201 76,078 2Dv4 27P2 47d SA7 2t 102 FdFF M6 '}Fltl FRh3 !3 nF'1 77.606 2005 2,463 162,906 24,832 4,105 36,223 3,156 2,685 70,764 2006 2,488 766,067 24,884 2,308 45,775 4,505 1,499 78,957 Ave.1977-1996 153,644 18,596 3,736 24,326 12,539 4,313 63,509 Ave 1997-2006 177,625 24,473 7,959 39,729 5,197 3,138 80,497 m2 ~r~RO 1?Pap is-. ~ I zb. 4~ rY 2 N ~=ga I -- '21S""- o~~l~ ~ ~~ ~~ ~~ Fishery Management Report loo. 07-65 ~~ ~~ ~ Overview of 1l~orthern Caak Inlet .Area Spam Fisheries with Praposals under Consideratian by the Alaska Beard of Fisheries, February 200$ by Sam Ivey, Chris Brockman, and Dave Rutz ~~}} tqL.. December 2067 Ataska Department of Fish and Game Divisions of Sport Fish and Commercial Fisheries 13 Table 7. Harvest of Chinook salmon from the Bastside Susitna, Westside Susitna, West Cook Inlet, and Knik Arm management units, 1979-2D06. Westside West Knik L'astside Susitna Mana4ement Unit Susitna Cook Inlet Arm Non- Management Management Management Peaz Hatchery hatchery Tota( Unit Unit Unit Total 1979. 1,298 5,768 98 800 7,964 1980 1,370 6,148 34 646 8,198 1981 2,202 4,742 192 1,466 8,602 1982 2,063 8,573 147 1,666 12,449 1983 2,652 9,568 1,185 1,255 14,860 1984 4,428 12,106 1,533 2,057 20,424 1985 4,342 13,644 2,029 1,889 21,904 2986 8,569 I3,402 2,378 1,524 25,873 1987 8,603 13,350 1,477 2,476 25,906 1986 355 8,784 9,139 15,970 1,695 2,916 29,720 1989 1,079 Sv704 9,783 19,343 2,325 4,341 35,792 1990 1,194 8,229 9,423 .17,425 2,097 2,022 30,967 1991 844 8,239 9,083 21,83b 762 2,277- 33,958 1992 4,566 16,741 21,307 18,737 1,213 3,969 45,226 1993 3,977 18,711 22,688 21,142 I,9S5 3,602 49,387 1994 2,703 12,267 14,970 10,248 I,583 4,303 31,104 1995 1,111 6,761 7,872 6,265 693 1,707 16,537 1996 1,2D5 9,818 11,033 5,879 1,358 ],579 19,839 1997 1,091 9,898 ip,989 7,799 ~ 894 2,938 ' 22,620 1998 902 9,570 10,472 9,716 693 2,031 22,912 1999 2,464 14,411 16,875 12,131 1,073 2,724 32,803 2000 1.776 9,998 11,774 17,341 1,163 ' 2;824 33,102 2001 ?,n57 n ~a7 13,504 13,914 722 2,255 30,395 2002 1,720 8,975 10,695 II,357 1,227 3,195 26,474 2003 1,605 7,894 9,499 15,035 1,124 2,562 28,220 2004 9b9 7,529 8,498 15,694 782 2,556 27,530 2005 98I 7,472 8,453 15,945 546. 3,692 .28,636 Mean 2001-2005 1,466 8,663 10,130 14,389 880 2,852 28,251 2006 7;339 16,454. _.,_.._ 1.,038 ,3,823 25,644 a Hatchery contribution no longer available. Creel program concluded in 2005. 51 14 Table Tl,-Chinook salmon harvest, by fishery, in the West Susima Management Unit, 1977-2006. -- Year Alexander Creek Deshka Rabidaux ' River Creek Yentna River Peters Creek Lake Creek Fish Tnlachulitna Creek° River Other Sheamse Other Lnkese Tornl _ 1977 820 1,017 464 224 413 0 2,938 1978 769 850 326 12 82 0 2,039 1979 712 2,8I1. 1,746 293 ISb 0 5,768 1480 1,438 3,685 775 I21 329 0 6,148 1981 1;121 2,764 798 57 0 0 4,742 1982 2,506 4,307 1,645 0 115 0 5,573 1983 I,711 4,889 2,0.23 336 209 0 9,868 1954 - 2,107 5,699 112 2;8$1 424 709 174 12,106 L485 2,761 6,407 2,575 224 1,677 0 13,644 1486 2;937 6,490 2,134 - 647 201 948 45 13,4D2 1987 2,224 5,632 3,282 894 I1G 1,252 10 13,350 1988 4,687 5,474 549 2,784 729 909 829 9 (5,970 1984 4,882 8,062 12 211 339 3,554 1,202 403 656 18 19,343 1990 5;179 6,1 G1 55 178 385 3,423 740 709 631 24 17,425 1991 6,548 9,306 301 495 2,712 660 648 942 24 21,836 1992 4,124 7,256 23 652 685 3,668 879 441 867 I68 18,737 ]493 5,154 5,682 653 283 6,425 2,148 873 922 0 21,142 1994 3,076 624 402 202 3,548 930 927 545 0 10,20.8 1995 1,217 0 425 25Z 2,836 545 509 479 0 6,263 1996 1,005 IS 320 74 2,587 415 697 770 0 5,879 1997 1,470 ~42 315 34 3,777 '557 778 826 0 7,799 '. 1998 1,275 3,384 350 2,511 840 Sb3 793 0 9,716 1994 2,241 3,496 934 197 3,037 1,188 977 S6 0 12,231 2000 2,721 7,076 838 .236 4,611 742 695 422 0 17,341 200] 2,313 5,007 648 88 4,067 965 404 417 0 13,914 2002. 1,992 4,508 559 S2 2,875 761 508 99 0 11,357 24n3 2,203...: ~6ns 277 122 4,^.67 371 587 323 0 15.035 2004 1,294 9,050 12 523 85 3,657 390 344 293 0 15,648 2065 1,052 7,332 963 0 4,508 307 800 925 68 I5,945 Mean 2001-2005 1,784 6,500 594 69 3,971 559 530 407 14 14,380 2006 1,396 7 753 40 1964 33 q 670 103 0.52 643 0 76 454 ~.,~~ ° Fish Lake dr ainage {Yentna River drainage). F May include harvest from West Cook Inlet wa ters through 1998. 59 15' ~ ~g~ ~ -'2`~~ -- O~~ll Fishery li'Ianagement Report 1Vo. 0'7-65 Overview of l@~orthern Conk Inlet Area sport Fisheries with Proposals under Consideration by the Alaska fioarcd of Fisheries, February ZOQ8 by - Sam Ivey, Chris Brockman, and Dave Rntz ~~ Decemher Ateska Department of Fish and Game Divisions of Sport Fish and Commercial Fisheries 16 release cannot be removed from the water, a regulation that also helps reduce hook-and-release mortality. Coho salmon runs on the Little Susitna River have been found to be significantly correlated to those of other Knik Arm streams (Namtvedt and Yanusz In prep,). However, the Little Susitna River at its present location at rm 71 provides very €itfle potential for gauging run strength in other Knik Arm streams ar for inseason management of the fishery which occurs primarily on the lower 40 miles of river. Despite its tow use as an inseason management tool due to the weir's location high up on the river, Little Susitna weir counts were used to liberalize bag and possession limits as well as tsme restrictions on the Little Susitna River and Cottonwood, Fish, .and ivasilla creeks in 2006 (Appendix A3). Fishery Performance and Escapement in 2006 and 2007 During 2006 fishing guides and anglers reported above average catches of Coho salmon -. ~~C ~ e, throughout the season despite extremely high water levels which occurred near the peak of the `~,t_ salmon run. Observations during the first half of the historical run were indicative of a large early run. The magnitude of the 2006 run and:a possibly earlier than average run timing resulted in use of the Little Susitna. River weir counts in Liberalizing coho fisheries across the Knik Arm Unit (Appendix A3). At the same time this EO went into effect, the weir was subjected to major flooding, remainm'g"submerged for.the last two weeks in August and resulting in an incomplete count of escapement of only 8,800 fish (Table 20}. However, the SEG of 10,100-17,700 was likely met because historical run timing suggests that at least half the run would -have occurred during the two weeks the weir was inoperable. Also, .escapement index surveys on Wasilla and Cottonwood creeks, both of which closely mirror the Little Susitna run, were about average (Figure 16). Reports from anglers fishing downsfream a£ the weir during the period of flooding were good despite poor fishing conditions. During 2006, 12,400 coho were harvested from the Little Susitna River, below the 2001-2005 -mean of 15,100 fish (Table 16). During 2007, sport fishing, guides and anglers reported below average catches early in the Sea90n. Angltrig,suCCeSS bBCame~ °"°"°ge about a R'cek ifticr than ["alStorlCal O'DSeCV2tlonS~ YOSt- season analysis offish passage through the weir indicated the 2007 ooho salmon run on the Little Susitna River to be about seven days late. A total of 17,600 coho salmon were counted through the.Little Susitna Riverweir at,risY71 (~'a~1e29~„rtr~r=Ctl'~dri~lixarid ot';4}ie;SEG range: KNFK ARM MANAGEMENT L7NIT: OTI3ER G`OIIO SALMON FI6HERIES Fishery Description The Knik Arm Ivlanagement Unit (Figures 1 and 3) presently supports five significant sport coho salmon fisheries in addition to the Little Susitna River: Fish Creek, Cottonwood Creek, Wasilla Creek, Jim Creek, and Eklutna Tailrace. This unit also has a personal use dip net fishery on Fish Creek and four educational permit fisheries (Knik Tribe! Council, EkIuma Village, Big Lake Culture! Outreach, and intertribal Native Leadership). Next to the Little Susitna, Jim Creels is historically the second Largest Knik Arm sport fishery in terms of both participation and coho salmon harvest (Table 16). Jim Creek enters the glacial Knik River about 10 river miles from salt water. Most sport fishing occurs at the confluence of Jim Creek and the Knik River, an area tocaIly known as the Jim Creels Flats. Fishing effort and harvest rates in the Jim Creek Flats area are strongly influenced by the Knik River because its I7 1'7 1999 occurred in these creeks (Appendix A3), Motorboats are not permitted on Wasilla Greek during weekends from July I S -August 15, Historical escapement data are available far Fish, Cottonwood; and Wasilla creeks from past weirs operated on each creek from about July 20 through September 25 and foot index counts conducted annaa(ly on Cottonwood and Wasilla creeks, For Tim Creek, foot surveys are conducted on McRoberts Creek, a tributary of Jim Creek, and on Upper Jim Creek; the counts are summed to provide a total Jim Creek escapement index, However, only the McRoberts Creek courts are used in the escapement goal, Biological escapement goals set in 1994 were reevaluated in 2002 and SEGs were established for Fish, Cottonwood, and Jim creeks (Table 21). The BEG for Wasilla Creek was dropped in 2002 because of a Iack of histories] escapement data from which to develop one. The Jim Creek SEG was based on historic escapement index counts, and the Fish and Cottonwood goals were based on average aoho salmon weir counts. Wasilla and Fish Creek weirs were discontinued after 2003 and Cottonwood Creek weir after2004. Therefore the Cottonwood and Fish Creek SEGs were subsequently dropped. Only ane SEG of 450-700 fish on the Tim Creak drainage (McRoberts Creek) remains {Table 21). The management objective for these four systems into achieve the escapement goal while providing a maximum level of sustained coho salmon fishing opportunity. • Coho salmon weir counts on Wasilla, Cottonwood, Fish, and Jim creeks and the Little Susitna River have bean found to be significantty correlated (Namtvedt and Yanusz In prep.}. Despite its low use as an inseason management tool due to the weir's location high up on the river, Little Susitna weir counts were used to liberalize bag and possession limits as well as time restrictions on the Little Susitna River and Cottonwood, Fish, and Wasilla creeks on August 19, 2006. Area flooding beginning at this same time and lasting through the end of August may have somewhat deflated the intent of these liberalizations. The Cook Inlet Caho Salmon Conservation Management Plan was adopted by the BOF in February 2000 (Appendix A3) in response to poor returns of coho salmon to the Knik Arm Management Urit in 2997 and 1999 (Table 2I}. 1'i;e Chan sets the bag and possession limits for ail inik Aron fisheries, .excluding the stocked coho fishery at the Eklutna Tailrace, at two coho salmon 16 inches or more in length. Jim Lake, McRoberts Creek, and upper Jim Creek, tributaries supporting Large spawning populations, are the only areas closed to coho. salmon fishing in the Jim Creek drainage. Fishery Performance and Escapetttent in 2(ifl6 arrd 2:p07 Total sport harvest of coho salmon in I{nik Ararns (exctttdifrg Little Susitna River) was 27,300 fish in 2006, about 150% ofthe 2001-20D5 mean of 17600 fi§h (Table 16), Total harvest was driven by a record high harvest from Jim•Creek, The 20.D'Er•harvest-af•19,300 on Jim Creek was nearly double the 2'p0I-2005 at;ean of -10,400 fish~Anglers reported good catches at Tim Creek. Eklutna Tailrace had an average run as reported by ang]ars and supported by an onsite inspection by area staff. Index survey counts in 2006 were above average {Table 20), The upper limit of the SEG for McRoberts Creek (Jim Creek drainage} was exceeded (Figure 16}. Limited inseason information is available for Fish, Cottonwood, and Wasilla creeks because of the very limited open season and little angler effort. Reports that were received from anglers in 2007 indicated an average return, Anglers reported good catches at Jim Creek. Eklutna Tailrace had an average run as reported by anglers and supported by an onsite inspection by area staff. 19 18• H, ~-~~ f - '~"tS""~ ~~dll I+Sshery Management Deport No. 07-65 Over~iev~~ of 1~€~rthern COOk Inlet area Sort Fisheries v~ith Proposals under Consideration by the Alaska Board of Fisheries, February 200 ~y Sam Ivay, Chris Srackman, and Dave Rutz k,, x~ ~~~ ~. ~l/~''~~ ~ y~f `yL~+ j ~r ~atP \\ii n !~ December 2007 Alaslta Department ofFish abd Game Divisions of Sport Fish and Commercial Fisheries ' 19 Table 30.-Northern Cook Inlet Management Area spots catch and harvest of northern pike, by management unit, 1977-2005. Northam Cook Inlet Managemerx Area° Eastside Westside West Cook Kn>X Amt Susima Susima Inlet Management Management Management Management Unit° Unrt Unit Unit Total Southcentral Refilon Statewtide % Year Catch` Harvest Calcir` Harvest Court` Harve~* Catclf Harvest Catch` Harvest Hanresf NCIMA Number NCLMA 1977 0 132 0 132 321 41.1 E1,982 I.i 1978 q 316 0 3I6 767 41.2 12,520 2.5 1979 0 382 0 382 762 501 12,741 3.0 1980 0 232 0 232 1,358 17.1 17,000 1.4 ]981 D I25 0 125 1,4ll 8.9 96,536 0.8 1982 0 607 0 607 1,707 35.6 18,9b4 7.2 19%3 0 944 0 944 2,642 35.7 21,476 4.4 1984 0 1,821 0 1,821 4,424 41,2 18,641 9.8 1985 IS6 1,248 0 1,464 2,240 b2.7 17,943 7.8 1986 458 1,5(9 0 1,977 2,894 68.3 21,890 9.0 1987 924 1,540 0 2,464 4,839 50.9 19,079 12.9 1988 364 2,S IS 291 3,473 3,598 965 23,440 14.6 1989 863 2,257 0 ~ 3,120 4,434 70.4 21,659 L4.4 1990 2,593 754 14,465 2,088 0 17,058 2,$42 3,655 77.8 15,985 17.8 1991 7,021 2,709 11,193 3,931 0 18,214 6,640 8,704 76.3 29,611 22.4 1992 7,tl97 2,b05 13,828 2,777 0 20,925 5,382 7,314 73.6 18,616 28.9 1993 LO,l4t 2,102 0 0 24,077 3,619 l9 0 34,237 5,721 7,131 80.2 19,366 29.5 1994 2,8(6 1,328 0 0 5,436 2,556 1S 9 8,270 3,893 5,800 b7.1 25,558 15.2 1995 S2S 522 0 0 11,414 3,024 0 0 16,234 3,546 5,323 66.6 19,006 18.7 1996 (2,220 4,021 368 I1 17,657 3,902 0 0 30,245 7,934 10,503 75.5 23,043 34.4 1997 9,137. 4,%S8 795 45 16,2bb 4,026 7S 45 26,273 9,024 10,489 86.0 I6,b03 SA.4 1998 10,223 4,272 130 130 (7,928 3,753 321 25 25,602 8,180 9,595 85.3 15,617 52.4 1999 14,231 6,785 442 26q 14,348 3,686 334 93 29,354 10,824 13,327 8L2 79,766 54.8 2000 16,717 5,698 308 l0i 27,361 3,b92 234 86 44,640 9,577 12,019 79.7 18,062 53.0 2001 15,457 6,544 776 55 25,147 5,479 1,042 661 42,422 12,739 76,673 7b.4 23,623 53.9 2002 13,079 5,716 ~ 647 bl£ 1£,450 5,365 284 tt9 32,4b0 I2,3 i8 14,862 82.4 22,567 54.4 2003 14,094 4,x26 it D 14,8 i8 3,816 315 io2 2v,278 8,024 11,282 71.1 17,388 46.1 2004 11,179 A,9GI 119 91 21,878 6,626 704 493 33,880 12,171 17,122 71.1 28,749 42.3 2005 11,347 6,1b0 513 104 25,704 4,889 330 153 37,844 L1,30fi ' 13,802 81.9 24,819 45.6 Means [977- 2005 9,886 2,270 316 !13 17,749 2,678 286 74 28,124 5,073 6,862 63.9 19,734 24.5 2001- 2005 13,031 S,4%I 413 174 21,199 5,335 543 322 35,187 11,312 14,748 76.7 23,439 48.5 200b 1475A 6.6b4 312 137 15685 4318 799 285 31550 F1404~ 13262 860 ifl 184 627 ° ,No reported catch or harvestfrom E¢sGSide Susima or Wast Cook Inlet man¢gement units until 1993. ° Harvest afnorthem pike prior to 1985. may have been included in otherfish species category. ` Catch estimates available beginning in [99p. s7 20 APPENDIX B. PRESEl`dCE OF NORTHERN PIKE IN WATERS OF THE NORTIIERii`i COOK INLET Ii~IANAGI+I`t~ENT AREA ~~ 121 2I' _4ppendia B1.-Confirmed and suspected presence of northern pike in waters of the Northern Cook Inlet Management Area, Secondary Presence Presence Primary classification Classification Site Documented Suspected Susima Basin Lakes Alexander Creek Alexander Lake X Susima Basin Lakes Alexander Creek Sucker Lake X Susima Sasin Lakes Alexander Creek Trail Lake X Susima Basin Lekes Alexander Creek Rabbit lake X Susima Basir. Lakes Lawer Susima Flathom Lase X Susima Basin Lakes Lawer Susima Figure 8 Lake X Susima Basin Lakes Mid Susihta Witsoe Lake X Susima Basin Lakes Mid Susima Witsol Lake X Susima Basin Lakes Mid Susihta Lockwood Lake X Susifiz Basin Lakes Mid Susima Lady Slipper X Susima Basin Lakes Mid Susima Unnamed X Susima Basin Lakes Mid Susima Unnamed X Susima Sasin Lakes Mid Susima Unnzmed X Susima Basin Lakes Mid Susima Vern Lake X Susima Basin Lakes Mid Susima Ding Dong X - SusitnaBasin Lakes Mid Susihta Yensus Lzke X Susima Basin Lakes Yentna River Whiskey Lake X Susima Basin Lakes Yentna River Bulchitna Lake X Susima Basin Lakes Yentna River Ftsh Creek Lake 1 X Susima Basin Lakes Yentna River Pish Creek Lake 2 X Susifna Basin Lakes Yentna River fish Creek Lake 3 X Susima Basin Lakes Yentna River _- Fish Creek Lake A X Susima Dasin Lakes Yentna River D6nkey hake X Susima Basin Lakes Yentna River Hewitt.Lake X Snsimu Basin Lnkes Yentna River No-Name (Big.Bend) X Susima Brisin lakes Yentna River Chelstha lake X Susima Basin Lakes Ycnhta River Cabin.Lake (Big Bend) X Susima Basin Lakes Yentna River Pear:Lake'(Upper Sktventa) X Susima Basin Lakes Yentna River StickieBack Lake X Susima Basin Lakes Skwenma River ,.Bight Mile hake X Susima Basin Lakes Skwenma River Seven Mile I:nke- X Susima Basin Lakes Skwenma River NoName (Hetk Strip) X ~Susitna Basin Lakes Skwenma River One Stnne Lake X Susima Dasin Lakes Skwenfia River SheilLake X Susima-Basin Lakes Dastvka River Parker lake X Susima Basin Lakes Deshka River Trepper Lake ~ X Susifna Basin Lnkes Deshka River No Name Lake X Susima Basin Lakes Deshka River Ambler Lake X Susima Basin Lakes Deshka River Rocky Laka X Susihta Basin Lakes Deshka River NeiLLake X Susifna Sasin Lakes Deshka River Kyoto Lake X Susifna Sasin Lakes Deshka River No Name lmi SW Parker X •con6nued- I22 22 Appendix SL-Fade 2 of 4. Secondary Presenno Presence Primaryolassificafloa Classification Site Documented Suspected Susifn»Basin Lakes BeshkaRsver No Name 2 mi SW Parker X ` Susima Basin Lakos Upper Switna Kashwitna Lake X Svsifna Basin Lakes Upper Susitna Caswell Lake X Susitna Basir. Lakes .Upper Susitna Fish Lake (Birch Ck} X SnsifiaBasin Lakes Upper Susitna 5awmiCl Lake X Susitna Basin Lakes Upper Susitna Swan Lake X SusimaBasin Lakes Nancy Lake Area Nancy Lake X - ~ Susima Basin Lrues Nancy Lnke Area Redshirt Lake R Susitna Basin Lakes Nancy Lake Area Lynx Lake X Susima Basin Lakes Nancy Lnke Area Cow Lake X Susitna Basin Lakos Nancy Lake Area Little Chicken Lake X Susime Basin Lakes Nancy Lako Area Big No Luck Lake X Susitna Basin Lakes Nancy Lake Area Souib Rolly Lake X SusitnaBasin Lakes Nancy Lake Area North Rotly Lake X ' Susitna Basin Lakes Nnncy Lake Area Denaine Lake (Tanaina} X Susitna Basin Lakes - Nancy Lake Area Milo Lake X Susitna Basin Lakes Nancy Lakc Area Frazer Lake X Susima Basin Lakos Nancy Lake Area Little Frazer Lake X Susitna Basin Lakes Nancy Lakz Area James Lake - X Susitnn 6nsin Lakes Nancy Lake Area Owl Lake X Susitna Hasin Lakes Nttncy Lake Area Char Lake X Susitna Basin Lakes Nancy Lake Area Ardaw Lake X Susima Hasin Lakes Nancy Lake Area Phoebe Lnke X Susima Basin Lakes Nancy Lake Area Chicken Lake X Susitna Basin Lakes Nancy Lake Area Echo Pond #I X Susitna Basin Lakes Nancy Lake Area F.cho Pond #2 X Susima Hasir. Lakes Nanny Lske Area Eeho Pond #3 X Susitna Basin Lakes Nancy Lake Area Candle Stick Lake X Susitna Basin Lakes Nnncy Lake Area Bains,Pond ill X Susima Basin Lakes Nancy Lake Area Hains Fond #2 X Susitna Basin Lakes .Nancy Lake Area Basns Pond #3 X Susitna Tributerios Fish Creek (Flathorn) X . Susitna Tributaries Fish Creek (ICroko) X Susima Tributaries Lake Creek X Susitna.Tribumries Fish Lake Creek X Susitna Tributaries Alexander Creek X Susima Tributaries Trappers Creek X Susima Tributaries Sucker Creek X Susima Tributaries ~ Montana Creek X Susima Tributaries holly Creek X Susitna'fributaries Moose Creek X Susitna Tributaries Bottte Creek X Susima Tributnries Hewitt Creek X -eontinued- 123 23 Appendix BL Page 3 of 4. ____ Secondary Presence Presence Primary ctasst6cation Classification ~ Site Documented Suspected Susitna Tributaries Donkey Creek X SusitnaTributaries AtdianCreek(Yentna) X SusiMaTributazies Tndian(Chulitrta} X Snsitna Tributaries Rabideux Creek X Susitna Tributaries Fish Lake Creek X Susitna Tributaries Kudta. Creek (Yentna) X - Susima Tributaries Shell Creek X Susitna Tributaries Bightmila Croak X Susitna Tributaries Caswell Creek X Susitna Tributaries Witsoe Creek X Susitna Tributaries Trapper (Talkeetna} R Susitta Tributaries Talachulitna Creek X Susitna Tributaries 7ohnson Creek X Susitna Tributaries Otter Creak X Snsitna'Cributaries Unnamed (Lower Su) X Susitna Tributries Sunshine Creek X Susitna Tributaries Anderson Creek X Susitna Tributaries Wiggel Creek X Susitna Tributaries Dirch Creek - X SusitnaTributaries Yentnn River X Susitna Tributaries Skwentna River X '. Susitna Trtbutaries Chutima River X Susitna 17ibutacies Tokositna X Susitna Tributaries Dest?ka River X Knik Arm Drainage Big Leke Drainage Fish Creek (Big Lake) X Knik Arm Drainage Big Lake Drninaee Meadow Creek (Big Lake) X Knik Arm Drainage Big Lake Drainage Brg Lake 3i Knik Arm Drainage Big Lake Drainage Blodgett Laka X Knik Ann Drainage Dig Lake Drainage West Benvor Lake X Knik Arm Drainago Big Lake Drainage Rainbow Take X Knik Arm Drainage Cottonwood Creek Cottonwood Crnek X Knik Arm Drainage Cottonwaod Creek Cottonwood Lake X ' Knik Arm Drainage Cottonwood Creek Andersen Lake X Knik Arm Drainage Cottonwood Creek Wasilla Lake X Knik Arm Drainage Cottonwaod Creek Pdud Lake X Knik Arm Drainage Little Susitna River X Knik Arm Drainage Little Susitna F2iver Horseshoe Lake (Little-Su} X Knik Arm Drainage Knik River Swan Lake X Knik Arm Drainage Knik River Tim Lake/7im Creek X Kn'sk Arm Drainsge Knik Lake X Knik Arm Drainage Mink Creek X Knik Arm Drainage Pire Creek X Wes[ Cook Inlet Chuit River X •continued- 124 24' Appendix B1.-Page 4 of 4. Secondary Pritnaq~ olassification Classification Site Presence Docnmented Presence Suspected West Cook Inlet Chuitbungn Lake X Vest Cook Inlet Threemile Creek X West Coak Intel Threemile Creek Threemile (sskes X West Cook Inlet Tuknllah Lake X West Caok Inlet NG-olal River X Mat-Valley Lakes Big Lake cut-off Lake X Met-Valley Lakes Crystal Lake (Willow) X Mat-Vatlcy Lakes Shirley Lake (Willow) X MahValley Lakes Long Lake (Willow} X Mat-Valley Lakes Prater Lake X Mat-Valley Lsskes Memory Lake X Mat-Valiey Lakes Finger Lake X Mat-Valley Loxes Wallace Lake X Anchorage Lakes Sind Leke X Anchorage Lakes Delong Lake X Aneharage Laices Loaer Fire Lake X Anchorage Lakes Upper Fire Lake X 125 25 Jul 18 2008 i0: 24RM KEMRITZE IFIDIRM TRZHE 9O72H33O5 p.2 ;. . ~... .. ,. ~,;~ ~.'~ ~'~ ti.~" ,.~ .T ~ ~ .1 r .~~~~ ! ~~e ` ~~~~ Can ~ ~ 1. ,,.. , 4~E~i+A1,...ALd~~tC¢ oae91 ' '. Y: 'July 11, 2ttttH ctty of Kenai filok Koch ctty nnane~er 25t3 pk3algc Ate, Kenai, k{aska 99G25 Ro: Tract A, Kenal Muntelpal Raaerva near Mr. Koch end Members of the Ctty Council: The Kenaitze Indian Trlbe 6s r>aquestlnid that any and al! peens For develapmen# of the praperty known as Track Q Kenat Municipal tteserv¢, [acated in Old Town Kenai, 6e stopped immedlarely For the following reasons: 5. The khuntGpel ltesenre is on area set es'tde for municipal ar puhllc ussa. 9f this reserv® lc #o be used far arty other than muNclpal, or publ'rc use, thou tho municipal doalgnatlon must be eliminated by due prdcaxs at taw. The praposod change must ba pasted gnrf a hearing held wtsere opponents as wetl as prapanenis ttr the proposed change, shauld b e heard. 2. The City of Konal C9rdtnanco 22A5.®40 idj stated, IFthe tract of lent! proposed to be Soid is teased land wtthaut au6shtrttlat tmprau®maeets, tho land may anly hs saki by eatery auction or compotltlva sealed bids, This has not been don®. 8. A le#ter dated Septemher 27, 5993 from Attarneys t3ankston & McCollum was sent to the City of Kenat requesting that the Ctry of Kenai reseind'the eels of this praperty to the Swamers. This has not Leen done. d. Tho chy streets to did Tawn Kenat are designed to draRr Onto this tat and autfall (Tract A, Kenai Muntctpal Rerervef. 5. The Clty of renal has given permisslan to Unda 5wamer to d':vert this drainage so that the proporty can be devctopod. 26 JuI I8 2008 10: 24RM KENRITZE INDIRN TRI HE 9072833052 _„ P•~ luty i1.264fl Kenarae Indten Mtrc page 2u44 Tha Kanoi$ze indlan Vibe respectfuttV requests that this BctlOn on the property known as Trect A, Kcned Municipal Reserve ba ctoppod and that the Issues surroundini tbt5 property be legaliy revdowed. A public comment pe+lad with proper notice rhauid be gliawed to ell residents of the City df Kenai. Tire Kmnmitm Indian Trihc is a property owner in eksse proximity to Tract A, Kenal Municipal Reserve, and strangly obJeccs to eery deaebpmerrt pons, ag thls is a reatrticK~d property intended to be Used e5 a mtmi~pat reserve and would require politic ccmmernt. 5lncereiy, .r-- layiene .. ersnn-tdyren Exectrtiva Oiractor Kcneitze Indian Tribe 27 ~. n r~r_~ t6te uYy a f t(~ ~~V~ TO: Mayor Porter and the Kenai City Council FROM: ~~ Cary R. Graves, City Attornev DATE: August 1, 200$ tdE: .Tract A, Kenai Municipal Reseeve Subdivision No. X, acetrrdin ; to Plat Na 85-32 There is a letter in the packet from Ms. Jaylene Peterson-Nyreu regarding the above-referenced property. That letter raises five issues. The administration's response to the 5ve issues is as follows below. On July 23, 1984, Robert CYConnelJ and Dennis A. Swarner applied to lease the above property. The property was deeded to the city in 1963 as "municipal reserve" properCy. The lease application process was done pursuant to the I,~rocednre in the Kenai Municipal Code. Five public hearings were held regarding the private lease application for the municipal reserve property. There was ample public notice and opportunity to oppose the lease application. Due process of law was followed. In 1992,1he lessees purchased the property as was allowed undet IZMC 22.05.040(c}. As of 2001,11ie current owners are Robert O'Connell and Linda Swa~ner. 2. This is an incorrect statement of the municipal code at the time. At the time of sale KMC 22.05.040{c} allowed lessees to purchase leased property after either: a) substantial completion of improvements on the property; ar b) the land had been leased for a period of at least two years. Since the sale was in 1992 and the property was leased in 1957, 'the iessees rnet the two-year requirement. The City replied to the September 27, 1993 Ictter from Banlston c2 McCollurn. The reply stated that the pity's review of the sale showed if was done properly done and there was no legal basis to rescind the sale. Since almost 15 years has passed since the City's response, the time period fox challenging the sale has long since expired. 4. When the city sold the property it retained an easement for drainage purposes. A storm water drain is located on the property. It is part of the drainage for that area in Old Town. "~ c'f~e ~v~° a ~'~st G~ it~r a F~t~e ~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 2$3-3014 www.ci.kenai.ak.us 28 5. In 200'7, the City authorized the easement and storm drain to be relocated to the western side of tha praperty. That work was done this summer (2008), The relocation of the easement and starm drain did not decrease the drainage on the property. The cost of moving the storm drain was paid by the property owner not the City. See attached letters of 4}~m..i. Nelson & Associates and lack LaShot, City Engineer. There is a drainage issue in that area of Old Town. The drainage issue is caused by a variety of factors (included other lots and buildings), nat simply the relocation of the starm drain and easement on this property. The City Manager is aware of this issue and intends to examine ways to alleviate the problem. Please let me know if you have any questions or would like any further information. 29 ® i ~ PROJECT ENDLESS VIEW SUBDIVISION PROJECT NO. ® ® ! 3'iCtRAA DRAIN RELOCATION DMT CONSULTING ENGINEERS STRUCTURAL/GIViL _~ 2t5 FlDALGO, 5T. P04 KENAi, AK 496fl (907} 283 - 3893 ATE/g1O7 NC~JHRA SHEET IOf i NOTES; DISCONNECT MH ~2 FROM E%ISTING PIPES. ~ OWER MH BASE 3.5' AND ROTATE TO ALIGN INVERTS WITH NEW PIPES ENLARGE INVERT TO MATCH 'B" CMP. CONNECT TO NEW PIPES AND GROUT SOIJD AROUND PIPES, INSTALL NEW 3.5' TALL BARREL SECTION ON E%IST7NG BASE AND REINSTALL FRAME AND COVER ON NEW BARREL SECTION ~J REMOVE AND REINSTALL EXISTING 15° CMP TO ROW FROM MH ~7 TO RELOCATED MH {/2 REMOVE EXISTING 18° HDPE STORM DRAIN ND PROVIDE iG0 lF OF IB° DIA. CORRUGATED HDPE STORM DRA{N FROM RELOCATE taH ~2 TO NEW MH ~3 ALL WORK SHALL CONFORM TO MUNICIPALITY F ANCHORAGE STANDARD CONSTRUCTION SPEGFICATIONS f A7N ~ ~~ MH ~2 TOP: 9 7p, E%ISTING 20' STORM ~..- ' DRAIN EASEMENT ~_,.,,,..~" 70 BE VACATED jJ! f PROPOSED 20' STORM ~ DRAT;: EASEMENT ---.,~ w~ ~ i ~N/(~¢O' . i l,~ :~ L yyV qi /... ..._ \/, 2 ~^ yg9 ~ / ~ Ix b ~ i t / i / f ~ 1 ~~ /It ~ i / I ~ i i ~~ /0 i (~ ~ ~ i r/ i' J~j~~'pROPERTY LINE ~~ ~' ~ / ~V tlC VACAIGU LOT /1 ENq'LESS VIEUV SUB i N ~+. / ~ \ // ~\ APPROXIMATE LINE OF o TOP OF BLUFF---~.,,°_ //< MANHOLE DATA MHy~7 NE INV. 92.50 SW INV. 92.66 S INV. 92.48 kE 1ST. N P~ MH~2 MH~2 TOP. 98.97 TOP. 99,97 NE INV. 95.6G NE INV. 92.10 NW INV. 95.60 NW INV. 92.10 N LE ~' MH~3 PROVDE 4' DW. x 9' DEEP MANHOLE WITH IFCO 740 ERAME & COVER PROVIDE OPENINGS TO MATCH E%15RNG 18'DIA HDPE CORRUGATED HDPE PIPE AND SET MANHOLE AS REOUIftED TO MATCH Ek!STtNG PIPE AT 5. INVERT LEIF NANSEN MEMORIAL PARK /~ /// L~ " 0 20 40 80 120 GRAPHIC SCALE a~~~i"Hr'd0 Q~~lN ~i~~~. ~t 1 I~I'd ~~.~iN~ SCALE: 1"=40' 3 P~ i ,' o~A EXISTING MANHOLE TOP / OF F~VAE ELEV: 97.36 ENV. I \\ ~ 30 CONSULTING EN6WEERS 155. BIDARKA STRc T (9D7j 283-35E3 ~' i .~ ~. tr" ~( ~ ~~, ~ CIVIL ENVIRrJNt~tENTAL KENAI, ALASKA 9961'1 FAX (907) 253-45i4 August 9, 2007 Jack LaShot, PE Public Works Manager City of Kenai ~N~'; r(l^s f]TAP [~i1 6tE: Stor¢n Drain on Tract A Ptertai 9thunicipal Reserve &r1 Parcel # Ok70S611 bear N11r: LaShot, The property owners of Tract A, Swarner, Et AI, would like to build on the Tract A , KPB parcel #04708611and the adjoining property Lot 8, parcel #04709308. Presently there is a municipal storm drain that crosses Tract A and continues on down the bluff to discharge at the toe of the bluff. The storm drain is located in a 20 foot wide easement near the middle of Tract A and wilt interfere with constructing a building on Tract A. The owners would like to relocate the storm drain and easement to the westerly side of the parcel as shown on the attached construction drawing titled 'Endless Vlew Subdivision Storm Drain Relocation', dated 0&19/07. An existing storm drain catch basin would be relocated and one new storm drain manhole would be installed in order to re-route the storm drain. The storm drain would only be re-routed in the relatively flat area above the bluff. The storm drain dawn the slope over the bluff would not be disturbed. The proposed 2D' easeman4 would provide access for maintenance of the storm drain, equal to the present 20' easement. The owners are in the process of re-platting Tract A and Lot 8. The two lots will be re-platted and combined into one lot called Endless View Subdivision, Lot 1. The resuhing singly tot with the relocated storm drain wilt be easier to develop. The property owners propose to relocate the storm drain and to perform alt re-platting at their expense and would like to obtain the concurrence of the City to change the easement for the municipal storm drain to accommodate the relocation. It is my understanding that the City will prepare an installation agreement to altow the Owners to relocate the storm drain, The installation agreement will address: i. The property owner will grant an easement for the relocated storm drain as indicated on the Endless View Subdivision Storm Drain Relocation drawing. 2. The property owner will pay to have the storm drain relocated as indicated on the drawing. 3. After the storm drain has been relocated and accepted by the City, the easement for the existing storm drain will be vacated and the easement for the relocated storm drain will remain in effect. The easement for the relocated storm drain will be indicated and recorded on the new subdivision plat, If this purr is acceptable to the city vdould you please prepare the installation agreement for the property owners to sign? Sincerely, Bill Nelson Attachment- Endless View Subdivision Storm Drain Relocation drawing. 31 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: (907) 283-301q www.ci.kenai.ak.us Pulr. BiI! Nelson Wm. J. Nelson & Associates 155 Bidarka Streef Kenai, AK 99611 Dear Plir. Nelson: ~~~~eLg: cr~ddess ldaw ~rndsd6vdsda~aa ~taso~sa~ ~radn ~edaoaEiora We are in receipt of yourJetter and the relocation plan both dafed August 9, 2007 The City agrees to allow the relocation of the storm drain as described and shown within these documents. This letter and the aforementioned documents constitute the installation agreement. After the storm drain is relocated fo the new location as shown on the plan, the City vdill authorize finalization of the plat showing the new storm drain easement. If you have any questions, please c~ntac4 me. Sincerely, ~~~~ ~~~~ Jack La Shot Public Works (Ylanager JUjet 32 Suggested by: Councilor Smalley CITY C9F K.~1l~1 ®RDINANCE N0. 2314-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ENACTING KMC 23.55.080 PROVIDING FOR LONGEVITY PAY OF TWO PERCENT (2%( FOR CERTAIN EMPLOYEES FN STEP CC IN THE CITY OF KENAI SALARY SCHEDULE. WHEREAS, the City of Kenai Salary Schedule contains nine "Steps" fram Step A to Step CC; and, WHEREAS, the time period. to advance between Steps B to F is one year and to advance between F to CC is two years; and, WHEREAS, when an employee advances to a higher Step; heJshe receives a two percent (2%j pay increase; and, WHEREAS, it takes ten and one-half years to advance from Step A to Step CC; and, WHEREAS, when an employee reaches Step CC he/she is not able to advance to a higher Step, but does receive a cost of living adjustment in his/her Step when the entire payroll schedule is adjusted, and, WHEREAS, under the current system employees with over ten years continuous service with the City are frozen at Step CC; and, WHEREAS, longevity pay would reward the employees for their long-term service with the City and provide an incentive for them to remain in City service; and, WHEREAS, it is in the best interest of the City of Kenai to give certain employees frozen at Step CC a longevity pay bonus of two percent (2%). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.55.0&0 Longevity Fay is enacted as follows: 28.55.080 Longevity day All regular employees who have been at Step CC for a period. of at least two years as of July 31 shall be paid a longevity bonus of two percent (2°!0) of his/her base annual salary (i.e. excluding overtone). The longevity pay shall be paid. just once a year on the August payroll. Notwithstanding the above, any emplayee who has received. a Range increase or a non-cost of living pay increase within their current pay Range in the 12 months prior to July 31 is not eligible for a Longevrity Pay bonus. 33 Ordinance No. 2314-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 20, 2008 First Reading: June 4, 2008 Second Reading: August 6, 2008 Adopted: August 6, 2008 Effective: September 6, 2008 34 Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 232?-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING A PORTION OF LOT 4, FBO SUBDIVISION ATO. 7 AND LOT 5, FBO SUBDIVISION NO. 8 FROM CONSERVATION TO LIGHT INDUSTRIAL. WHEREAS, the 2003 City of Kenai Comprehensive Plan recommended a revision of zoning of airport properties to comply with future expected uses; and, WHEREAS, the Airport Supplemental Plan supports rezone of airport lands to allow for Federal Aviation Authority (FAA) authorized uses; and, WHEREAS, the area to be rezoned is subdivided; and, WHEREAS, the area to be rezoned includes parcels zoned Light Industrial (IL) and Conservation (C); and, WHEREAS, the rezone will eliminate asplit-zone situation; and, WHEREAS, the rezoning to Light Industrial would permit uses as allowed by the Federal Aviation Authority {FAA) and consistent with airport development; and, UdHEREAS, the Planning and Zoning Commission held a public hearing on June 2J, 2~~c4i a_+zd voted ~"la_TllMn~~^slt~ t0 reCOmmend the properties he re?Oned; and, WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A fo the Light Industrial zone (IL), NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KEA'AI, ALASKA, this sixth day of August, 200$. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 2, 2008 Adopted: July 16, 2008 Second Reading: August 6, 2008 Adopted: August 6, 2008 Effective: September 6, 2008 35 Ordinance No. 2327-2008 Attachment A Legend ~,~..~. ~ aid ~ ,«.~.,.. ~ ss~.d~w.~Ma 36 ,;x \_ CITY OF KENAI _ „~.~, ~~ PLANNING ANI3 ZONING COMMISSION '- _ ` ~ RESREZONQE PERMIT 8-34 \ tl~e ufya A RESOLUTION OF THE PLANNING AND ZOl~~1NG COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO '1''I-IE KENAI CITY COUNCIL OF T'HE REQUESTED REZONING SUBMITTED BY NAME: Riclc Koch. Citv Manager, City of Kenai ADDRESS:_? 10 Fidalgo Avenue, Kenai, AK 99b11 LEGAL: Lot 4, FBO Sub. No 7 & I,ot S FBO Sub No, 8 PARCEL #: 0433b040 & 04336043 WHEREAS, the Commission finds the following: J. The subject properties are currently zoned Split (Conservation & Light Industrial) & Conservation 2. The. present land use plan designafian is Airport Industrial & Aimort-Dependent Develoutnent District 3. The proposed zoning district is IL-Light Industrial -"~. Ar. appropriate public hearing as reG.aired was conducted June 25, 2008 S. That the following additional facts have been found to exist; 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Lot 4 FBO Sub No 7 & Lot 5 FBO Sub No 8 as shown on Attachment B is hereby reeamrnended to the Kenai City Council. PASSED BY TI3E PLANNING AND ZONING COIVIIVIISSION OF TIIE CITY OI` KENAI, ALASKA, June 25, 20D8. 1 F~ C"IJAII2I'ERSC)i':~~` ~ A'I`TES1~?_"-< F` t ~~'.~u,_,~i 37 Ordinance No. 232?-2008 38 Prap®~ed Rez®ne Suggested by: Planning & Zoning Commission CITY fBF fCENAI ORDIAIAIVCE NO. 2328-2®®8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT A, GUSTY SUBDIVISION NO. 3, TRACT B, GUSTY SUBDIVISION NO. 6, AND TRACT C-l, GUSTY SUBDIVISION NO. 7 FROM CONSERVATION TO LIGHT INDUSTRIAL. WHEREAS, the 2003 City of Kenai Comprehensive Plan recommended a revision of zoning of airport properties to comply with future expected uses; and, WHEREAS, the Airport Supplemental Plan supports rezone of airport lands to allow for Federal Aviation Authority (FAA) authorized uses; and, WHEREAS, the area to be rezoned is subdivided; and, C~THEREAS, the parcels are zoned Conservation (C); and, WHEREAS, the rezoning to Light Industrial would permit uses as allowed by the Federal Aviation Authority (FAAj and consistent with airport development; and, WHEREAS, the Planning and Zoning Commission held a pubuc hearing on June 25, 2008 and voted unanimously to recommend the properties be rezoned; and, WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Light Industrial zone (IL). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 2, 2008 Adopted: July 16, 2008 Second Reading: August 6, 20D8 Adopted: August 6, 2008 Effective: September 6, 2008 39 Ordinance No. 2328-2008 Attachment A Legend ~~ ~ o ~~ o ~.,~,. ~ ,~.y.e.m, ~mm. , ~ ~.~ o w,.~~ ~ a.~m 40 ''~ i`• CITY OF KENAI PLANNING ANIB ZflNlli'G COMI+~IISSION - RESOLUTION NO. PZp8-35 ftie «ty ~/ REZONE PERMIT A RESOLUTION OF TE-IE PLANNING AND ZONING COMMISSION OF TI3E CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch, City Manaser, Ciiv of Kenai ADDRESS: 210 FidalQO Avenue, Kenai, AK 94611 LEGAL`. Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No 6. and Tract C-1 Gusty Subdivision No 7 PARCEL #: 04327021 04327035 & 04327034 WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned Conservation 2. The present land use plan designation is Aimort Industrial 3. The proposed zoning dsstrict is IL -Licht Industrial 4. An appropriate public hearing as rerlnired vas conducted June 25 205 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal; State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-l, Gusty Subdivision No 7 as shown on Attachment B is hereby recommended to the Kenai City Council PASSEI9 BY THE PLANNING ANIB ZONING CCIMMI9SION OF THE CTTY OF KENAI, ALASKA, Jnne 25, 200. 4 ~ ~ r CHAIRPERSO ~ a ATTEST: / .d~.~s n 7 4 1 ordinance No. 2323-2003 42 Prop®sed Rezone ,~ t •. ~~~`~ -.`, _ .. vwea ~~ the city o f f/ ~E~IV SKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us ~T~V~ TC7: ayor Potter atzd the Kenai City Council PRl7M: ~~ aty R. Graves, City Attorney DATE: July 31, 2008 RE: Gusty Subdivision Reaone Questions from Councilor Molloy Councilor Molloy asked me to research three questions regarding the Gusty Subdivision Rezone (Ordinance 2328-2008). The questions and answers follow. Wince-Corthel-Brysnti, Kinz Howard and Marilyn Kebschnll helped in providing information for this memo. I. Question 1. What are the FAA restrictions on use andlor development o'f property in the aircraft flight path? Arnswer: T'he FAA ~+laces development reshictions uz the "runway protection zone." Under federal rules, the use of land in the RPZ for such thing's as residences, fuel handling and storage facilities, churches, schools, hospitals, office buildings, and shopping centee's is prohibited. Other objects or activities that generate smoke or dust, misleading lights or things that create glare or attract wild animals are also not allowed in the RPZ. Autamnbile parking facilities, although discouraged, are allowed in the RPZ as long as they are located outside the central portion of the RPZ. Pursuant to a 1989 FAA latter to the City of Kenai, seven lots owned by the airport were released for tease (but not sale} on the condition that flze teases include a 40-day cancellation clause.3 That 90-day cancellation clause provides a significant practical l.inzitati,on upon what development is economically feasible on the property. ~ FAA Advisory Circular 150/5300-13 CHG 19, Chapter 2, Sections 211 a (8) & (9) and Z 1 ? a (2)(a) & (b). ~ See the February 9, 1989 IetCer from Russell L. Oyster, Manager, Safety and Standards Branch, Airporas Divisimi, Federal Aviation Administration, to Wiiliarrt J. Brighton, Kenai City Manager. s The seven lots are: Tract A, dust Subdivision \ro. 3; Tract B. Gusty Subdivision No 6. 77aat C-1, Gum Subd~ivisionN'o. 7; S„ot i-3, Bloclc 3, Gusty Subdivision No. 4; and Lot 4A, Block 3, Gusty Subdivision No. 5. The underlined lots are included in Ordinance 2328-2008. 43 Under FAA tales, the height restriction on Gusty Subdivision (going from North to South) is 32 to ~5 feet d 2. Question 2. Do any of these restrictions apply to this property? Answer: Ordinance 2328-20008 covers three parcels: Tract A, Gusty Subdivision No. 3; Tract B, Gusty Subdivision No. 6; and Tract C-I, Gusty Subdivision No. 7.5 All three parcels are subject to non-sale restriction and any base must inohide a 90-da}~ cancellation clausc.d Of the three lots in the ordinance, only Tract C-l, Gusty Subdiv'isian No. 7 is included in the RP7.. It is included in the central portion of the RPZ. The FAA RPZ restrictions an use ofd property described in Paragzaph 1 apply to that lot. 3. Question 3: If FAA restrictions apply to the development of these properties; then considering those restrictions, is there a difference (are there differences) in the potential uses of those Lots between. the Light Industrial Zone and the Conservation Zone? Answer: The FAA restrictions regarding the use of property in the RPZ apply regardless of zone. Of the three lots in the ordinance, only Tract C-l, Gusty Subdivsion No. 7 is included in the RPZ, and thus subject to the FAA use restrictions described in Section l above. All three Tots are subject to the 90-day cancellation clause regardless of zoning classification. There are, of course, dif~"erenees in allowed uses between the IL and C zones. I have attached a copy of the land use table with the differences in uses circled, for easier rmm~ari cnn ,, ., ...r, _....,,.... Please let nie know if there are any questions or if any additional information is~needed That limitation wil: increase to 49 Co 73 feet. e Two of the three lots areleasedto James Doyle. Tract C-1, Gusty Subdivision No. 7 is the one not. leased to Mr. Doyle. ~ See Footnote Z previous page. 44 14?2.010 Chagcer 14.28 Lf4NbJ USA T.tsBLE* 6ecCiDns: 14.28.016 Laud' use SaEsfle. P,ditor's Noce. The land uuo table was movod to ifs own chepCCr by request of dte city, 14.82.01(3 Land use tab9e. LANI9 USE'TASL~ KEY: P =Principal Pcrmi¢ed Use C= Gonditicxial CJSc S =Secondary Use N=Nat PcrmiHOd NOTP: ReFerenoe flocmnres an following pagos for addi- tional restrictions Zd9NING D[STR6ClTS 12F51 DN',NTIAL j LANq 1,9E6 i RR i RRt RS R,S'! RS2 RU CC CG iN EU R TSH LC CMO i One Family Dwelling C" P P 1' P' P P P" S' S' Sa C'9 P P P S'lC" [Twolfhrcc Pamily DwoRing C" P P P P ~ P P+ Ps' S' C': C Cr' P P ( P ~ S'/C~' ,Four Family Dweiling ~ C~" P C' P N N P Pa' S' C C C" t3 P C S'1Cr' Fivo/Siz Family Dweiling C'~ Cs N P N N P P" S' C C t N N P C 9~IC~' ~5cven or Moro Family ~ Dwelling Cis Cs N C' N N ~P Psi S' C C ~ N i N ~ P C ~ S'1C" ~jT-ownhouses° C'" C D C C; C C i C C C C C" C C C C Mobile Horne Park` j N C C C C C C ~ C C ~ C C N C N C C Planned Unit Residendei Davolopmcnt~ Cn C C C C C C C C C C N C C C C ~ Ccr.Irr.IRCIAL LAND U9RS I. RR ~ RRI ' RS i R67 ~ R62 RU CO CG i IFI EU R '1'941 LC CMU Aueomotiva Saios N C ~ C N N N C P P I P N N N N P Automotive Service 9ta[Sons' C C N N !v C P P P N ('l N N P Banks N C C C N N C Y P C N C~ C C P BusincsslConsumer Services N ~ C C C ~ N N C P P P C N C' C C P Guido 9crvioe N C C C N N C Y P P P N P P C P Hatels/Motels ~ C C C N N C P P P C N C P C P ~Lodgc C C C N N C P P C N P P C P- ~Profcssional Offices C C C N N P P P P P N C P P P Restaurants C C C N N B C P P P N C C P P Retail 6nsincss N' C C C N N C P P P S'° S9° C C P Wholesale Ausinnss N C C C N N C C P P P N S"° C C N I'Ihouters/Commercial Recreation N ~ C C C N C N C P F -0 C ~ N ~ P i C C P (Kenai Supp_ No. 92, 308) 29~ 45 14.22.010 LAND USE TAEI.E KEYS P ~ Pciuc3pal Permined Uae C =Conditional Usa S = Secardary Usc N =Not Permitted NOTE: Reference Footnotes on £oilowing paves for addi- tional rstrictions ZONING I}ISTl2ICTS I,NBUST131A7, i LANb USES C RR ~ RRS ~ RS ! RS] ~ RS2 RU CC CG IL IH EU R TSf{ I I,C CMU~ Airpor°s and Related Us¢s Ej0° C C C N N C P P P N C N N I C Aatomoeive Repair N C C C N N C- P P P N N N~ N P Gas Manu£aceurcrlStoragc N N C C ~ N N N N N C° C' N ~N N -- N N Manufaoffiring/Fabricating/ Assembly N C C i C N N C C P E' P N C C N C MiniStoragc Facility C C C N N C C P P N N N~ C C Seoragc Yard N C f C C N N C ~ C P ~ P N N N I N C Warohouacs I N C C C N N C N P P P N C ~ N! N N PUBLIC! ; INSTITUTIONAL ~ ~ ' LANII USES C RR RR? EE RSI ~ R&2 RU CC CC IL IT{ ~ ED R 1'Sfl ; I,C ~ CMU~ Charitable Institueions O C C C C C P P P Y P P C I P I C P Churches" C P10 P10 P'0 P'0 Pet P10 1y9 P'-0 C C P P~° P P P Glories C i C C C C C C P P P C C C I C P P Coilegos* - C. C C C C C C P P C C P C~ C C P Elementary Schools" - C C C C ~ C C I C P P C C j P C C C P i Govorrvncntal Buildings C C C C C C S C P P P C P C C I P ( P High Scbonls* C C C C C C C P ~ P C P C C! C P tdospitats' C C C C C C C P P C C C C C P Libranes* C C C C C C1e P P C P C~ P C P Museums !: C C C ~ C C C P I' P C P C P C ~ F' i'arks and Rocroafion P C ' C C C C C I P P P P P' P P is P Assisted Living C C C C C C C C C C C C C C C C MISCELLAN&'OUS j I LANH USES C RR RR4 RS RSl RS2 RU CC CC [L IN IiU R f TSId LC : CMU Animal Boarding" C C C C. C i N N C C C C N C N C ~ C Bed an<t Breakfasts ~ C C ~ C C C C C C C C C N C C C P Cnbin Rentals C C C C N N N P P P C N P P C P CcmuCCrics C C C N N N N C C N C C N N Cremawries/Funeral (domes N C N C N N C C C 'C C N C C C C '.. Day Carc Centeis'~ C C C C C C P i F P C C C P 1' DonrvrxsicsfBoarding Houses C C C C ~ C S C ' P I P" S C P P" C C ~ P ~ P Bssentral Services P P P P P P P P P P P P P P P P Farming/6aneral~~~ Agriculture*** P , P id N N ' N N N N N P N P N N N i GrecnhousoslTrero TJurecrios13 ~ C C ~ C C C C ~ C P ~ P P C I N C C P P 293 (Krnai Eupp. Nn. 42, 3-05} 46 la.za.olo L~ioa~ a~s~ •r~~~~ ,. KEY, P=Principal Permitted tJse C=~Conditlonal Use 5 =Secondary Use N =Not Permitted NOTE'. Reference footnoces on following pages Tor addi- tional restrictions ~-- 2d3tti&IV~ fDflSTR9CTS ''I 19iflYS~pd.,@,AN~~p76 j ^~ ~ i ~ ---r '- LANO USES I C ~ 92R -2R] 62S I~ t251 I G2S2 I i2H1 CC CG 1L lA LA R TSH LC I CTv1U Gunsmithing, Prinxing N I .: ~C C C C C 1'' P P P N 1 C P P P Taxidermy I t5 Assemblios (Large. ~ C C C C C 1 C C I P'r IS P If P IS P IS P j C 1 P N 5 P' Circuses, Faire, Etc.) _ _ fra[omal Organizationsl ~ ~- I (Nf C ~ ~ _ C C C C C P _ P P I C ~ N C I P C . ~ Private Chrbs/Social Halls ~-1 ~ I ~ ~ ~ ~ I~I and Union Halls ~ ' I ~ t Nursing, Convatcsccnt or RC9t }'I Oin2'S -~- IN7I C ~..J I ~ C~ C~~C ~ _ C i C P _.,. P- j C I C C C C C i ~ P Parking, Off-Sfro:,t P P _ ~ P P P P I P P P P P P P ~ P 1' P Parking, fcblic i.ot's C~ C C C C C C ~ C C C C' ~ C+ C ~ C C I C P^rsonal Services'r ~ C C C C C C C i P P Y P C C P P I' ~ Radie{TV TransmifterslColi P P C C ~ C. C~ C P P P P P C C i C P ~S11E5*"` i ( Aecroationai Vehicle Parks C C 1 C C ~ N N C j_. ~ C C C I N C C N C Subsurface Extraotlon of C C C C~ C . C C S C ~ ~~.C C C N C N N N 1 ]V4tU;al Resources ~fi ( J L,~. .~_ I Surface F.xtr'action oP~ _ _~_ C C .____ C C ~ N N C N C C C N C N N N Natural Rosoar crs" ~ -_~ ~ ___ Sce 42 USCA Sea 2GDOcc (Religious Land Usc and Instilntionaliz+:d Persons Act of 2000) See 42 ToleeommunieIItiona .Act of 1996, Soc. 704(a) *`* See, howevc„ the limitations imposed under KMC 3.10.070 Footnotes: I I L Allowed as a secondary use except on the ground floor of the part of the building frantiag on collector streets and major highways. Cammercial or industrial which fails under Ure landscaping/site plans requirements of KMC 1A.25 shall include ~ any secondary uses in the landscaping and site plans. 2 Ona (1) single-family residenceper parcel, which is part of the main building. ~ 3, A1Fowed as a conditional use, subject to satisfying the following condit(ons: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. "Phe site square footage in area must be approved by the Commission; ~ e. Yards around the site, off street parking, and ottler development reyuirements shall be the same as for principal uses in the RtZ zone; d. V/ater and sewer facilities shall meet the requirements of all applicable health regu,(ations; e, T'he proposed dwelling group will canstitcte a residential area of sustained desirability and stabi.iity; wilt be in Harmony f with the character of the sun-onnding neighborhood, and will not adversely affect surrounding property values; i f. The buildings shalt be used only€or residential putposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There sHall be provided, as part of Lie prcposed development, adequaue recreation areas to serve uhe. needs of the eu- ticipated population; h.. Tae development shall Hoc produce a volume of traffic in excess of the capacity for which the access streets are de- signed; - i. The property adjacent to the proposed dwelling group will not be adversely affected, 4, See "Townhouses" section. ;5~. _.. See "Mobile Tiames"section. _i._~~_„ ~ ____ J (Kenai Sapp. Ne. 92, 3-08) 294 47 14.22.010 G. Allowed as a conditional use, subject to "Mobile Homes" seoti on and provided that any mobile home park meets the mini- mum Federal Housing Authority requirements. 7. See "Planned Unit Residential Dzvziopment" section. $. Allowed as a conditional usa, provided that the proposed location and the characteristics of the site wilt not desh~oy tho resi- dentialoharanteroftbq,neighborhood 9. Allowed as a conditional use, provided that all applicable safety and fre regulations ate met. 10. Provided That no part of any building is located nearer than thirty (30) feet to any adjoiningstreet or property line. 1 }. Allowed es a conditional usa, provided that no pazt of any building is incated nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect) the commercial devetonmeni of the zone. 7 2. Allowed as a conditional use, provided that the following conditions are met a. The proposed Location of the use and the size and chazacteristic of the site will maximize iu benefit Co the public; b. Exits and. entrances and off-street parking for the use are located to prevent traffic hazards on public streets. i3. Allowed as a conditional use, provided Ehat setbacks, buffer strips, and other provisions are adequate t(} assure that the use will not be a uuisance to svrxoundirg properties. The Commission shall specify the conditions necessary to fulfill this re-I quixemeni ~, 14. Allowed as a conditonal use, provided that no indication of said use is evident £rern the exterior of the mortuary. I5. Allowed, provided that the following conditions are met: a. An mtefeared buffer strip of at least thirty (30) feet shall be provided between said uae and any adjoining property in a residential zone. ~ b. Exits and entrances and off-street pazking for the use shall be Located to prevent traff c hazards on the public streets. ~' 16.. See "Conditional Uses° section. 17. See "Conditiona( Use Permit for Surface Extraction of Naftual Resouree.s" section. 1$. Conditional Use allowed only on priva*.ely held property. Nol allowed on government ]ands. '.9. Deleted by Ordinance 2244 =006, ', 20. 'the airporC related uses allowed under this entry are airaaft approach zones per KMC 14.20.070(a), except fhat for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or paking aprons, FAA authorized uses are allowed. 21. Develepmants for use shalt be the same as those listed in the "Development Requirements Table" for the RUlTSH zones. ~'~, 22. Allowed as a condi[i anal use in oonjunciion with a permitted use in the ED zone. For exatrgilo, housing for tcacheTS or stu-' dente fox a school in tha zone- Zl. Allowed as an accessory use in conjunction with a permitted use in the ED zm~e. For exarnple, a dormitory used ro house students for a sohaot or ec9vcationa7 faci}ity. 24. Retail businesses allowed as a secondary use hi conjunction with the primary use (e.g., a gift shop or coffee shop within an- other business). 2S. Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fimees careers; photographic studaos,. tailors, taming salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months par Yeu~. (Amentiecl during 7-?-99 supglernent; Orc.!'. 1862-2000; amended d'uri'ng 12-] -p0 stwnlemexit, C)rt3-r, 7 9t t - 2001, 1938-2001., 1956-2002, 1962-2002, 1.990-2403, ].994-2003, 2053-2004, 2051-2005, 2112-2005, 2113- 2005, 21A4-2006, 2152-2006, 2185-2006, 2195-2006,.2246-200?, 2272-290'7) 29 S (Ksnal supp_ No. 92, 3-OS) 48 Suggested by: Administration CITY OF KENAI ORDINANCE PiO. 2332-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING E5TIMATED REVENUES AND APPROPRIATIONS BY $ I13,222.22 IN THE VISITORS CENTER HEATING SYSTEM CAPITAL PROJECT FUND TO REPLACE THE VISITORS CENTER HEATING SYSTEM. WHEREAS, the heating system at the Visitors Center needs to be replaced; and, WHEREAS, the City of Kenai is part of a class action lawsuit that is expected to generate funds to pay for a large part of the cost of replacing the heating system; and, WHEREAS, the City of Kenai previously received approximately $71,731 as partial settlement: and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY' THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Visitors Center Heating System Capital Proiect Fund Increase Estimated Revenues: Restitutions $113,222.22 Increase Appropriations: Construction $ 113,222.22 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July I6, 2008 Adopted: August 6, 2008 +,~~~ Effective: August 6, 2008 Approved by Finance:___~ t {07f07/2008) ml 49 c'T~r ~ ~sENa~ 210 P[DALGQ AVP.., KBNAI: ALASKA 99 6 1 1-7 794 '~•. TELEPHONE: 907-283-7535 rAX: 907-283-3014 17'1 L1 111 ~ ~ 1 \ ~ V itll TO: Mayor Porter and the Kenai City Council FROM: ~'(~ Gary R. Graves, City Attorney DA'Z'E: July 8, 2008 RE: 1/ntran II Claim Update The Eutran II claim involves the class action. suit an the defective radiant heat psping in the ~Iisitars and Cultural Center. The class action has divided up claimants into three classes. Class I Class I includes claimants who have had property damage such as leaking corrosion and/or damages to the boiler, Under the settlement, claimants in Class I are to receive 34.2 % of their "maximum claim." The maximum claim is calculated on the basis of square footage heated. by the defective system Despite the numbering system, Class I is the middle level of the claims. The City's maximum claim under the settlement is $703,243.60. Class I claimants received an initial payment of 10.2 % of their maximum claim and are scheduled to receive another 24% for a total of 34.2%. Class Ii Class II includes claimants who have had property damage including serious ar catastrophic failures of the heating system including mayor water damage and/or in-line breaks causing property damage. Class II claimants received an ilvtial payment of 10.2%. 'Choy get a. second payment vi' 16.1% and a final payment estimated at 26.3% for a total of 52.6%: Class II is the highest level of claims. The final payment will not be paid out utrtil after the class closes on November 17, 2009. That is the final date to file a new claim or amend. an existing claim. Class III Class III includes those claimants who have not yet suffered any property damage. They are scheduled to receive a total payment of 10.2%. Class III is the lowest level of claims. When we initially filed on May 19, 2005, we were in Class III since we had not yet suffered any damage. We received a check for $71,730.85. 50 Lntran II update Page 2 of 2 AMEIVI3ED CLAIIVI On April I0, 2008, we submitted a request to amend our claim from the lowest (Class III) to fhe highest (Class II). We ~n6mitted addition information such as repair and replacement cost estimates/information from Rick I{och and Lob Springer and an engineering report from .ieiry Herring (P.E.). Switching to a Class II was very important because it meant we would receive about $300,000 more than a Class III claim and $130,000 more than a Class I claim. On July T~', ?008, we received a Letter informing us that our request had been. approved. Also included was a check for an additional $113,222.22. The total received so'far is $1.84,953,07 or about 26.3% of our maximum claim. We should be receiving another 26.3% a few rnontlas after November 2009 when the claims period closes. The total received should be around $370,000. Please let me k,naw if you have any questions. 51 Suggested by: Administration CYTY dF KENAI dRDINANCE Nd. 2333-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED RE~rENUES AND APPROPRIATIONS BY $3,217.60 IN THE GENERAL FUND FOR POLICE CANINE PROGRAM EXPENSES. WHEREAS; Central Peninsula Crimestoppers has, in the past, been the repository for private donors to give to the Kenai Police Department Canine Program far the police canine purchase, training and ongoing program expenses; and, tA~HEREAS, for tax purposes Central Peninsula Crimestoppers no longer wishes to hold funds for the Kenai Police Department Canine Program and wishes to close out the account; and, WHEREAS, these funds axe needed to pay for the outdoor canine kennel at the canine handler's residence; and, WHEREAS, it is in the best interest of the City of Kenai to provide for an outdoor kennel for Canine " Chevron" at his handler's residence. NOW, THEREFORE, BE IT ORDAINED BY TI-lE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues anal appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscetlaneous Revenue $3,217.60 Increase Appropriations: Police -Small Tools $3,217.60 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:---~r~. (07J08/2008) hl Introduced: Adopted: Effective: July 16, 2008 August 6, 2008 August 6, 2008 52 K °e Polio p~ Memorandum To: Rick Koch, City Manager From: Chuck Kopp, Chief ofPolice Cc: Larry Semrnens, Finance Director Date: 0`7/07/2008 Re: Request for Ordinance Increasing Revenues and Appropriations to Police Small Tools to purchase an outdoor kennel for Polioe Canine "Chevron" In 2006 the Kenai Police Department Canine Program was put in glace and Central Peninsula Crimestoppers agreed to serve as a repository for private businesses to make donations to the Kenai Police Canine program to help cover the costs of dog purchase, training and ongoing supplies. In April 2008 Crirnestogpers advised Chief Kopp that for tax purposes they no longer wished to hold funds for the Kenai Police Canine grogram. A check for $3,217.00, the balance of funds for the Kenai Police Canine program, was written to the Kenai Police Department. I am requesting an ordinance to incr~se estimated revenues and agprngriate these funds to Police Small Toots for the purchase of an outdoor kennel for Canine "Chevron" at his handler's residence. "Chevron" currently does not have an outdoor kennel. Estimated costs for materials and labor is $4,000.00. ~~ ft~ V~ `h • Page 1 53 Suggested by: Mayor Porter CITY f3F KEN,4I ORDINANCE N0. 2334-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING A NEW CHAPTER IN THE KENAI MUNICIPAL CODE (KMC 24.30) TITLED KENAI MUNICIPAL CEMETERY ADVISORY COMMITTEE ESTABLISHING AN ADVISORY CEMETERY COMMITTEE TO ASSIST IN THE PLANNING AND DEVELOPMENT OF AN ADDITION TO THE EXISTING CEMETERY, ITS INTEGRATION INTO THE EXISTING CEMETERY AND INCLUDING A PROVISION TO SUNSET THE COMMITTEE AFTER A PERIOD OF fiW0 YEARS. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Cemetery; and, WHEREAS, the City of Kenai does nat currently have a citizen advisory board; and, WHEREAS, the Cit-y of Kenai is planning an addition to its existing cemetery; and, WHEREAS; it is in the best interest of the City of Kenai and its citizens to establish a citizen advisory cemetery committee to assist in the planning and development for the addition to the Kenai Municipal Cemetery and its integration into the existing cemetery; and, WHEREAS, since the committee will primarily deal with the planning and development of the addition and its integration into the existing cemetery, the cemetery advisory committee s hculd be have a sunset date Iwo years c~:. its establishment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAF, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new chapter to be numbered KMC 24.30 (Kenai Municipal Cemetery Advisory Committee) which shall read as follows: Chapter 24.30 I~ENflf MUNICEPFaL CEMETERY ADVISQRY Cf3MM%TTEE Sections: 24.30.010 Duties aced powers. 24.30.020 Duties and powers. (a) There is established a Kenai Municipal Cemetery Advisory Committee consisting of five members. Four members shall represent the owners of prsvate plots andJor the community at large. One rnernber shall be a member of the funeral home or moa-tuary service sector. 54 Ordinance ATO. 2334-2008 Page 2 of 2 {b) The committee shall act in an advisory capacity to the City in matters of policy concerning the Kenai Municipal Cemetery regarding the following matters: (1) Planning and development of the cemetery addition and its integrafion into the existing cemetery. (2) Preservation of the history of the Kenai Municipal Cemetery. (3) Performance of other duties as the Kenai City Council or City Manager may designate from time to time. (c) The Kenai Municipal Cemetery Advisory Committee shall sunset on December 31, 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 16, 2008 Adopted: August 6, 2008 Effective: September 6, 2008 55 Suggested by: Administration CYTY OF KENAI RESOLUTION NO. 2€D08-aFS A RESOLU'T`ION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE USE OF THE EQUIPMENT REPLACEMENT FUND TO PURCHASE AN ELGIN SWEEPER. WHEREAS, the City owns a 1983 Athey Mobile Sweeper that was scheduled to be replaced in FY 2005; and WHEREAS, the General Fund will repay the Equipment Replacement Fund over 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City is authorized. to use the Equipment Replacement Fund to purchase an Elgin Sweeper. The estimated cost is $194;614. PASSED BY fiHE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (09/24/2008) hl 56 Suggested by: Administration CYTY G-F IfEPiAY Y2E^aOLUTYOPI NO. 2008-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO YUKON EQUIPMENT, INC. FOR AN ELGIN CROSSWIND J SWEEPER FOR THE TOTAL AMOUNT OF $194,616 FOB KENAI. WHEREAS, KMC 7.15.050 (6} allows the City to purchase equipment under a contract of another governmental agency; and, WHEREAS, the City of Everett, Washington, awarded a competitive bid to Yukon Equipment, Inc. for equipment that meets our specifications; and, WHEREAS, Yukon Equipment, Inc.'s price under the City of Everett contract is sign~cantly less than our estimated cost and award to this bidder is in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. in the Equipment Replacement Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract for a Elgin Crosswind J Sweeper be awarded to Yukon Equipment, Inc. for the total amount of $194,616 FOB Kenai. PASSED BY THE COUNCIL OF' THE CITY" OF ItEIvAI; ALASKA, this si~tn day of August 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: '~• ~°d. 57 0~-23-08;09:38AM,YUKON E~UIPM€4T `lUKtaPi EQUiF119EMT, IhIC. City of Everett Z C3F 3 58 ,?766?S5 # 21 4 07-23-08;08'.88AM;YUk©IV E:9UIPMcNT 1'BJDCf)N Ef.SlilPhfi~AET,1~C. City of EV~S~tt ~~P3 ;2766795 # 3/ 59 07-23-08;09',3EAM; YUKON EQUIPMEN? ~W!&®6\ ~Y44~Tttl1 ~AF {y IAHAS. ~iCy flf Eveeett 2766795 # 4I 4 5 Yr total Parts b W6or warranty an Allison transmdssion (3 Yrs std $ 529.04 OperaYlon and mairrtenonae training, 8 flours fetal, by Elgin trainar $ z,s44.oa ~ ~ `fir 2 E84. freight to Anchorage, TOTE andeY deck $ 4,235.00 i Est. fro hr Yo Kenai $ 1,220,00 2 Oealerpredalivery $ ®85,00 TOFAI, SGPPLY~ENTAt~ OPTZOt°i PRIC%BV~9 ~ a,~su.w 1'atai Pr{rx FOB kamaS telivery per the wostract Is 120 days after receipt of order (to Seattle part of exit: ^f ~ `t, C~ri~~t~ Tf non stack chassis is purchased delivery Is 220 days after receipt of chassis (to Seattle part of exit: ~uswmer RpG'ovai sales Representafiive Approve( 3 CAF 9 Diate >?ere 60 SUBSTITUTE Suggested by: Council C%TY OF KENAI RESOLUTION NO. 2008-47 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TERMINATING THE PROJECT ENTITLED "AMES ROAD SOUTH LID SPECIAL ASSESSMENT DISTRICT". WHEREAS, the Council finds the cost to benefit ratio for this project is too high; and, WHEREAS, using available funding to improve roadways in more densely populated areas may be more effective; and, WHEREAS, the Council directs the City Manger to investigate and prepare a report identifying potential special assessment districts in the city to include a discussion of cost/benefits; and, WHEREAS, the City Council may use that report to initiate special improvement districts for the 2009 construction season. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City will terminate the project entitled "AMES ROAD SOUTH LID SPECIAL ASSESSMENT DISTRICT. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this si~ah day of August, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk clf ~ s e Approved by Finance:_~ Suggested by: Council CITY' OF KEPTAI R.ESOLUTIOPT PTO. 208-4~7 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TERMINATING THE PROJECT ENTITLED "AMES ROAD SOUTH LID SPECIAL ASSESSMENT DISTRICT". WHEREAS, the Council fords the cost to benefit ratio for this project; and, WHEREAS, using available funding to improve roadways in more densely populated areas may be more effective; and, WHEREAS, the Council directs the City Administration to terminate this project is toa high; and, WHEREAS, the Council directs the City Manger to investigate and prepare a report identifying potentsal special assessment districts in the city to include a discussion of cost/benefits; and, WHEREAS, the City Council may use that report to initiate special improvement districts for the 2009 construction season. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City will terminate the project entitled "AMES ROAD SOUTH LID SPECIAL ASSESSMENT DISTRICT. PASSED BY"-THE COUNCIL OF THE CITY OF KENAI, ALASKA, tizis sixth day of Augusi, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk cIf ~ Approved by Finance: 61 .................. . ........ ~F?!) r c:~1 ~-~.~ ~ ~~ C.i-~-u~ a-~ t~-er~rzea~.A RE~E€~ JUL ~ ~ 2008 .;~ aka ~/t~~ S~~ r4 f~2~~ ~~ ~~~'{~ ,~~~ ~ % ~ /~ L<<,v,~.,~~tx, y'"a ,~,~r.~c~ it?ar'~ fir. ~'` .~-5~' o~-2ti~'~ ~Tr i~rz.e Z` 1~.~~~~ i'1~ A-C C St c ~1'rC..~ (~ ~~c?ci ~r~arS ~~ 1Y! ~ r~~l .~SS~ (~/~-1 L~. iG!~5 joeJC~ fi ~ _ 4 __ff -~ ~ '~'~~ ~~ S ~~ ~ c;a d;-L k`~ti ~ ' ~' C) ~e7 fir? u~; ,~ r~ C~~ ~ ,~ f .~ C ~~ C:.~ 6~ ~~~~. .~~~~~a~ 62 ruly z~, zoos Ci13> of Kenai Carol L. Frees City Clerk Kenai, Ak. RE: Ames Rd Paving Proposal I}ear Carol, R~c~~~ Luc 2 ~ Zaoa KI:'1y~2 tw1 I am writing in reference to the proposed paving improvements for Ames Road South. Currently there are 19 property owners on Ames Rd., 17 of those are along the east side and 2 are along the west side. As thnxgs stand noun, the 2 property owners would be paying So% of the property owners' skaro of this paving, if assessments ware based on square footage, frontage, or a combination of the two. My husband Gary and 1 feel that this is just not equitable at this time. We have optional accesses to our property along Angler and along Beaver Loop Rds., and we notice on the Preliminary Assessment roll that we weren't given a 50% credit for those accesses. We also have a 1 S acre lake in the middle of our property and don't know haw that figures in the square footage, but it looks as though it was all counted. This is not useable property and we don't feel that it should be included in the total square footage. If the assessment was based on an equal division, we would be willing to sign on to this project. "`~` ~" " ~ i7e based era ciifa~r Gf a, We WOi71u 7'eS ectiuli tc` ixcst tkai It it Ia gviiig tv .the 6thnr iVYG Cr Yteri p y " q ""' ` this paving ke tabled, until such time as there are mare residents to cost share this project. Ames Rd is a very short road, w/ little, if any, commercial traffic. We do understand that a paved road is very nice to have, and even though we paid a large share of the Angler Dr. paving, we had no problem with that. There were, however, quite a few more residents on that road, over 46, and it is heavily used for commercial purposes in the summer. Our main point is simply that there just aren't enough property owners at this time to make it a fair cost share, unless the cost is shared equally, Sincerely, Kathleen Foster 63 ~~~~ ~ k _~ -, tlrc pity ~ f /~ KENAI~~AL~ASKA "!/illaye wit/ a Past City Zvit~i a r~r~t~.re" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~,„m~, Telephone: 907-283-7535 /FAX: 907-283-3014 ICi~~I 1997 MEMO: TO: City Council ~~ FROM: Rick Koch .DATE: July 30, 2408 SUBJECT: Special Assessment Petition -Ames Road South of Beaver Loop and a Portion of Basin View Drive The purpose of this memorandum is to discuss the scope, estimated cost, assessment methodologies considered, acid provide the adminishations recommendations regarding the above referenced proposed Local hnprovement District (LID) Scone of Words ThE pet.trvner5 Teijue.Sted a SCGpe Gf WCiriC to °u°iGiildE "only that pOrttGn bf AilicS Roan' south of Beauer Loop Road The Admuiistration recommends that a portion of Basin View Drive approximately 200 fineal feet {l.f.) in length be included in the proposed LID (this is included in cost estimates provided by the administration). Basin View Drive is approxunately 400 l.f. in length. During the LID that paved the adjoining Basin View Subdivision half of the length of Basin View Drive should have been improved, 'but was not given available funding. If the LID is approved for Ames Road the 2001.£. portion. of Basin View Drive should be included, and the remaining 200 l.f. un-improved portion should be unproved by the City and not included in the LID. Cost Estimate The cost estimate for the construction of the proposed LIB, including approximately 200 Lf.. of Basin View Drive is $ 339,592.50. For purposes of flus discussim~, as in previous LID's the City would bear the initial. cost ofone-hundred percent of the LID and through a property assessment recover fifty percent of the ISD costs. The estimated cost to improve approximately 200 l.f. of Basin View Drive not included in the LID is "~ 20,000 - $ 25,000. 64 Assessment 1VIethodo}ogies Considered Administration considered four different assessment methodologies. This LID presents challenges in attempting to determine a fair and equitable methodology. The challenges are as follows: 1. There are varying land uses within the proposed LID. The properties within this LID are used. in very different ways. a. There is a guide/fishcamp which generates high volumes of traffic during the summer months of the year. b. There are single family residences. a The majority of the properties within 1-2 acres in size, but there are two very large undeveloped properties, that in total are larger than the remainder of the proposed LID. 2. While a slight majority of the property owners u~ the proposed LID signed the petition (l l out of 21}, with the exception of one assessment methodology, those property owners not signing Y7re petition would be required to pay from sixty percent to seventy-five percent of the total property owner assessment. The assessment methodologies I explored era as follows: 1. Assessment Based on Egnal Division -This is of course the most simple, and in this case, arguably may be the fairest. When the petition was submitted to the City there were twenty-one properties within the proposed LID. As a result ofplatting action consolidating three properties the total number of properties is now nineteen. For purposes of this assessment methodology I also assumed that when two properties were adjacent, shared common ntunerehiin,~ ~a,_ij`i ~xiere pmc~n~,ritiy ~48ed as a single parcet of prcpert}`, i considered them as one praperty. This methodology would result in each property owner being assessed (estimated} $ 10,612.27 regardless of property size, or front footage on either Ames Road or Basin View Drive. Under this methodology those signing the LID petition would be required to pay fifty percent ($ 84,898.19) of the LID cost and those property owners not signing the LID petition world be required to pay fifty percent t$ 84,898.19} of the LID cost. 2. Assessment Based on Square Footage -For purposes of this methodology, if a property also had frontage on a road not included in the LID, I only used fifty percent of the property size in the calculation. The logic in considering square footage as a determining factor is to addross both present and future utility of the improvement. Based solely of square footages of the properties the estimated.assessments range from $ 53,542.79 to $ 854.24. Property owners signing thepetition would have estimated assessments of $ 68,537.83, and property owners not signing the petition would have estimated assessments of $ 101,258.42. 65 3. Assessment Based on Front Footage -Assessments would be based solely on a properties 'front footage along Ames Road. I did not include frontage along the portion of Basin View Drive included in Phis proposed LID. The estimated assessments range from $ 43,621.43 to $ 1,803.59. Property owners signing the potition would have estimated assessments of $ 42,599.59, and property owners not sib°rning the petition would have estimated assessments of $ 127,196.66. 4. Assessment Based on 50% front Footage and 50% Square Footage -The estimated assessments range from $ 47,589.64 to $ 2,463.44. Property owners signing the petition would have estimated assessments of $ 55,568.71, and property owners not signing the petition would. have estimated assessments of $ 114,227.54. The Kenai Municipal. Code (KMC} 16.050.030 provides in part "...the petition shall be signed by the owners of fifty percent (50%} or more of the properties which will be benefited by the proposed improvement." This petition meets tnat requirement. I~MC 1 b.10.070 states in part "The resolution directing continuation shall and that the improvement is necessary and of benefit io the properties to be assessed, and thatrt is not objected to by owners of properties bearing fifty (50}percent or more of the estimated costs to be borne by the property owners or, in the alternative, that is has been approved by at least six members of the Council." Administration has also considered the overall estimated. cost of this prof ect ($ 339,592.50} against the number of properties benefited (19}. The estimated cost per property would be $ 17,873.29. For comparison, the per lot cost for the Angler Drive LID was $ 6,136.85, and the per lot cost for Thompsan Park LTD is estimated at $ 5,526.00. Administration believes there maybe other areas in the City in which. a better cost/benefit ratio is achieved. .Administration also suggeststt is appropriate to see what funding remains available after the completion of this season's construction projects prior to the creation of an additional LID. Additionally, the owners of the two largest properties, Angler Enterprises and Pelch, have stated they have no intention of using Ames Road as future access to their properties as they already have access from Beaver Loop, Angler Drive, or both. While administration. believes these two large parcels of property will benefit in some degree from the improvement of Ames road, we also agree with the validity of their argument. Both Angler Enterprises and Mr, Patch 12ave submitted wnitten objections to the proposed LID. The tingler Enterprises and Pelch properties would. bear the following pexcentage of the esfimated assessment costs based on each proposed assessment methodology: 66 Assessment Pelch Property Total Methodology Angler Ente rises ~ E ual Division. b.25% 6.25% 1.2.50 S uare Footage 31.53% 16.17% 47.'70% i Front Footage 24.52% 25.b9% 50.21% _~ SO%Front 28.03% 20.93% 48.96% Footage/SO% ~ Sgreare Footage Adminstration's Recommendation Administration recommends that Council adopt a resolution terminating the improvement district for the Ames Road LID. Administration further recommends that Council instruct the City Manager to investigate and prepare a report identifying other potential LIDS within the City which includes a discussion of the cost/benefit of proposed. proj ects, including this project, and report to Council at the November 5, 2008 meeting. The purpose of the report will be to determine if The Council. desires to direct the City Manager to undertake Council initiated special assessment districts for the 2009 construction season. If Council decides to continue this projecC the administration recommends using the assessment methodology that divides the cost equally armong the properties. Exhibits 1. Map. of proposed LID 2. Cvst Estiiiiatc 3. Property Assessments Sased on Different Assessment Methodologies 4. Spreadsheet Showing Estimated Assessments for Property Owners Signing Petition and Propariy Owners Not Signing Petition 67 a5 ~J~CJq~O 5 e=. A ~oQ 6.i ~++° ~ LtwSo ~i I ~Z~ ,4 & ~D ~. YI ~lo~ iU~ ~. iF ' '-~ e< ; ~ ~1~ Ilev~ n `o ~~" ~ g ~ ~ s '" e~ ~ ' ~2~chte,~ N trF' too. , ~~~~ N~ JACK WEBS SUED. °n~awS .4 The Lake ~Gn e~ TIDE '" ~„~~ at Kenai ~" HEIGHTS ~~ ' ~ r , e~ ~~ (-- i 68 y~ AMES ROAD & SASIN VIEW' DRfVE C05T ESTIMATE FOR LID July 15, 2008 Cost Item Prepare Ex(sting Surfaoes Type AI Classified Fill Description 14H Grader Compactor W aier Truck Pick-Up Superintendent Operator Operator Operator Unit Unit Quantity Cost Sub-Tofa( HR 25 $ 70.00 $ 1,750.00 HR 25 $ 4D.00 $ 1,060.00 HR 25 $ 35.00 $ 875.00 Day 3 $ 50.00 $ 150.00 HR 25 $ 75.00 $ 1,875.00 HR 25 $ 70.00 $ 1,750.00 HR 25 $ 70.00 $ 1,750.00 HR 25 $ 70.00 $ 1,750,06 $ 10,900.00 HR 10 $ 70.00 $ 700.00 HR 10 $ 40.00 $ 400.OG HR i0 $ 35.00 $ 350.00 Day 1 $ 50 AO $ 50.00 Ton 200 $ 14.00 $ 2,BOD.00 HR 10 $ 75.00 $ .750.00 HR 10 $ 70.00 $ 700.00 HR 10 $ 70.00 $ 700.C0 HR 10 $ 70.00 $ 700.00 $ 7,150.00 Ton 2000 $ 30.00 $ 60,000.00 Ton 1250 $ 120.OD $ 15Q000.00 LF 400 $ 50.00 $ 20,000.00 LS 1 $ 3,500.00 $ 3,500.00 Sub-Total $ 251,55Q.D0 14H Grader Compactor Water Truck Pick-Up Type II Fill Superintendent Operator Operator Operator Crushed Aggregate Base Course (2") Crushed Aggregate Base Course Asphalt Pavement (2") Asphalt Pavement (2") 18"CMP 18" CMP Traffic Control Traffic Control Contingency @ 15% $ 37,732.50 Engineering @ 20% $ 50,310.D0 Tota! $ 339,592.50 FfiBtT p 69 Wed .s ~~ ~p~// ti _ V,/ O Yi Z ~ py b i ® / ~ y V ~y // f L / ~ i.4 een~ M• Q d .1eR d a a m N W m m o m! ~ M rn O n v v oo y m ~,. 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N .M. .w r 3 a 'L u m C a - c N - * * ~~ m c T O u o ~ * * o Y o E~ a ~ Z ` = . yT o. m ~ D ~ ~ s~s w r ,~y c,~ c~ = w w O U L ' n C 3 ~ ~' C N ~ U '`~ SC C C ID 1~ O. L > (p $i: O S N h O J N ~ : N ~[A. N ~ C7 SO ~ R' LT ~ ~ _N 1" N S t6 Z '- ~i D fL' O 4- r N M C. N N h N 6~ O kj ~ tl'. N CO h W O: O O 6@~!'i T ~ .O O O O C .~ E a~ o ~ u, mE~o ~ m c o o. a ~+ a .c c o u= m y ~ }' ~ a C N O ~, ~ `a H ,~ `m n rs c ma3 3 osc °o o. o ooco a,c ~ m'wa ~- f0? y L d~' 10 L O C gp, N G j N d ~ .N A L N O QI N a N O Du° N~ O N O tUC r N w=s N a U~ U O SOUTH AMES ROAD BASIN VIEW DRIVE LOCAL IMPROVEMENT DISTRICT DISTRIBUTION OF PROPERTY ASSESSMENT BASED ON ASSESSMENT METHODOLIGIES July 30, 2008 Assessment Methodology Estimated Assessment for Property Owners in Favor of LID Assessment Based on Equal Division $ Assessment Based on Square Footage $ Assessment Based on Fron# Foatage Assessment Based on 50% Front Footage & 50% Square Footage $ Estimated Assessment tar Property Owners Not Signing LID Petition 84,$98.19 $ 84,898.16 68,537.83 $ 101,258.42 42,599.59 127,196.66 55,568.77 $ 114,227.54 E~WlBfP _.___~~._ ~.. _.E....-- 71 SUBSTITUTE Suggested by: Council CYTY tJF KEPYAL R~SQLU'b'ION N'O. 204-47 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE PROJECT ENTITLED "AMES ROAD SOUTH LID SPECIAL 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: I. Excavation, bacl~ll, and grading 2. Asphait paving 3. Signage and traffic control; and, 4. Other related improvements WHEREAS, the Council finds the improvements are necessary and' of benefit to the properties to be assessed; and, UdHEREAS, the local improvement district costs wIll be divided equally betweemthe properties in the special assessment district. Properties that are adjacent, in common ownership and use will be considered as a single property; and, WHEREAS, the uroject is fiat objected to by aw-i;ers of properties bearing f-u`ty percent (50%) or more of the estimated costs to be borne by property owners; and, WHEREAS, an account will be kept of all costs of the improvements and that after all costs are known, the City Manager shall prepare an assessment roll 1"ar the improvements; and, WHEREAS, all of the above improvements will be done in this area but only fifty percent (50°1oj of the total completed improvements will be assessed to the benefited property oumers; 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 wiIl be that which is on record at the Kenai Peninsula borough on this date, August 6, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City will continue with the project entitled "AMES ROAD SOUTH LID SPECIAL ASSESSMENT DISTRICT" and the improvements listed above. 72 Resolution No. 2008-47 (Substitute) Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, Zoos. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk clf Approved by Finance:~,e~. ~. 73 Suggested'oy: Councilor Swarner CITY OF KEPTAI RESQLUTI®N NO. 2®08-48 A RESOLUTION OF THE COUA7CIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A POLICY REGARDING DONATION OF MONEY, SERVICES OR EQUIPMENT OF $5,000 OR MORE TN A FISCAL YEAR TO ANON-PROFIT (SOI(C}(3) ORGANIZATION REQUIRING THAT THE NON-PROFIT PROVIDE TO THE CITY ITS MOST RECENT IRS 990 TAX FORM AND AN AUDIT OR FINANCIAL STATEMENT THAT IS ACCEPTABLE TO THE CITY FOR REVIEW PRIOR TO DISBURSEMENT OF A DONATION OF FUNDS, SERVICES OR EQUIPMENT. WHEREAS; the City of Kenai has in the past and will in the fixture donate money, services or equipment valued at X5,000 or more to non-profit (SOl {c){3)) entities; and, WHEREAS, the Council should have information available about the nan-profit's financial cohditional prior to making a decision regarding donation of funds, services or equipment; and, WHEREAS, requiring the non-profit entity to provide its latest IRS 990 form and an audit or a financial statement that is acceptable to the City will provide needed information to the City Council and allow it co make informed decisions on donations of $5,000 or more; and, WHEREAS, it is in the best interest of the City of Kenai and its citizens to implement sucl-. a policy. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council of the City of Kenai adopts a policy that prior to disbursement of a donation of City funds, equipment ar services in the amount of $5,000 or more in a fiscal year to anon-profit (i. e. SOI (c)(3)} organization, the organization must provide its mast recant IRS 990 tax form and an audit or financial statement acceptable to the City of Kenai for review. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk 74 i,=v~lf~ FS'~'~:P~I ~ s~;~ ~~s~vi CsG~ ~Ll ~(_ TO: Mayor, City Council Members, City Manager & Administration FROM: Bob Molloy DATE: -08/05/08 SUBJECT: Council Meeting 08/06/08 Ytem E-10, Resolution No. 2008-48 Some Relevant Information From IRS' Web Site Below is some information (FAQs) downloaded from irs.gov, that is relevant to the proposed resolution. http~/ /www irs Gov/charities/article/0 id=139222,OO.htm1 EO Reporting Requirements -Overview What are my filing responsibilities once Ireceive/apply for my tax-exempt status? An organization that normally has $25,000 or more in gross receipts must file an exempt organization information return Form 990, Return of Organization Exempt from Income Tax. This return is due on the 15th day of the 5th month after the end of the fiscal year. The due date may be extended for three months, without showing cause, by filing Form 8868 before the due date; an additional three-month extension may be requested on Form 8868 if the organization shows reasonable cause why the return cannot be filed by the extended due date. http://www.irs.~ov/charities/article/O,.id=139223,OO.htm1: EO Reporting Requirements - Annual Return Filing Exceptions Are there any exceptions to the requirement to file Form 990? Organizations with gross receipts of less than b100,000 and assets of less Than $250,000 at the end of the year may file Form 990-EZ, Short Form Return of Organizations Exempt from Income Tax. In addition, certain governmental and church-affiliated organizations are not required to file returns. Finally, organizations whose annual gross receipts are normally less than X25,000 are not required to file an annual return, but may be required to file an annual electronic notice - e-Postcard -beginning in 2008. The following organizations file another return in lieu of the Form 990: * Private foundations (Form 990-PF) * Employee benefit trusts (Form 5500) * Black lung benefit trusts (Form 990-BL) * Religious and apostolic organizations described in Code section 501(d) (Form 1065). Last updated: February 4, 2008 http~/lwww irs Gov/charities/article/0 id=173620 OO.htm1 EO Reporting Requirements -Annual Electronic Filing Requirement for Small Exempt Organizations -I- Are small tax-exempt organizations required to file an annual return? Beginning in 2008, small tax-exempt organizations that previously were not required to file returns may be required to file an annual electronic notice (e-Postcard). See New Annual Electronic Filing Requirement for. Small Tax-Exempt Organizations for more information. htta~ / /www irs Gov/charities/articleJO id=169250 OO.html Annual Electronic Filing Requirement for Small Exempt Organizations -Form 990-N (e- Postcard) Small tax-exempt organizations whose gross receipts are normally $25,000 or less may be required to electronically submit Form 990-N, also known as the e-Postcard. The Pension Protection Act of 2006 added this filing requirement to ensure that the IRS and potential donors have current information about your organization. Due Date of the e-Postcard The first e-Postcards are due in 2008 for tax years ending on or after December 31, 2007. The e-Postcard is due every year by the 15th day of the 5th month after the close of your tax year. For example, if your tax year ended on December 31, 2007, the e-Postcard is due Mdy i 5, 2008. You cannot file the e-Postcard until after your tax year ends. How To File . Click here to file the e-Postcard. If you have trouble accessing the system using that link, you may be able to access the filing site directly by typing or pasting the following address into your Internet browser: http://epostcard.form990.org. When you access the system, you will leave the IRS site and file the e-Postcard with the IRS through our trusted partner, Urban Institute. The form must be completed and filed electronically. There is no paper form. Information You Will Need To File the e-Postcard The e-Postcard is easy to complete. All you. need is the following information about your organization. Click on any of the links below, if you need more information about the item. * Employer identification number (EIN), also known as a Taxpayer Identification Number (TIN)). * Tax year * Legal name and mailing address * Any other names the organization uses * Name and address of a principal officer * Web site address if the organization has one * Confirmation that the organization's annual gross receipts are normally $25,000 or less * If applicable, a statement that the organization has terminated or is terminating (going out of business] Who Must File Most small tax-exempt organizations with gross receipts that are normally $25,000 or less must file the e-Postcard. Exceptions to this requirement include: * Organizations that are included in a group return, and * Churches, their integrated auxiliaries, and conventions or associations of churches. -2- The following organizations cannot file the e-Postcard but must file different forms instead: * Tax-exempt organizations with annual gross receipts that are normally greater than $25,000 must file Form 990 or Form 990-EZ; * Private foundations must file Form 990-PF; * Section 509(a~(3} supporting organizations that are required to file Form 990 or Form 990- EZ. * IRC section 527 (political) organizations required to file an annual exempt organization return. must file Form 990 or Form 990-EZ; Late Filing or Failure To File the e-Postcard .. (Deleted by Molloy) .. . Search for e-Postcards -Public Disclosure To find and view an organization's e-Postcard click here. To download the entire data base of e- Postcard filings click here. Note: Not all organizations that file an e-Postcard are eligible to receive charitable contributions that are tax-deductible under internal Revenue Code section 170. See Search for Charities, to determine whether contributions to a particular organization are tax- deductible. Additional Information .. (Deleted by Molloy .. . Updated: May 13, 2008 3- Suggested by: Administration GSTY C?F KENAI RESOLi7'I`ION 1VE3. BOb$-49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE EXECiJTION OF THE 201.0 CENSUS AND ENCOURAGING TOTAL COMMUNITY PARTICIPATION. WHEREAS, the U.S. Census Bureau is required by the Constitution of the United States of America to conduct a count of the population, providing a historic opportunity to help shape the foundation of our society and plan an active role in American democracy; and, WHEREAS, the census is vital. to our community in that it determines the apportionment of seats in the United States House of Representatives, as well as state redistricting of state legislatures, county and city councils, and voting districts and is the basis for the allocation of billions of dollars of federal, state and local funding for healthcare, community development, housing, education, transportation, social services, employment and much more; and, WHEREAS, the 2010 Census will create hundreds of thousands of jobs across the nation with every Census Bureau worker taking a lifetime oath to protect confidentiality and ensure that data identifying respondents or their household not be released or shared for 72 years; and, WHEREAS, a united voice from businesses, government, community-based and faith- based organizations, educators, media and others will allow the 2010 Census message to reach a broader audience, providing trusted advocates who can spark positive conversations about the 2010 Census. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, hereby supports the goals and ideals for the 2010 Census and will disseminate 2010 Census information to encourage total community participation; will appeal to local organizations and groups to partner together to achieve an accurate and complete count within the City; will encourage residents to participate in Census promotional events; and, vrill support initiatives to raise the overall awareness of the 2010 Census and increase participation among all populations. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 7JC Professional Temporary Positions in A/aska, California, ldalzo, Oregon and Washington Gontact-the 2010 Census Regional Census Center Recruiting Hotline: 1-877-471-5432 Phone:1-877-471-5432 Fax: 425-318-1420 BE /~ PART OF AM AMAZING TEAM] An exciting opportunity to enhance your jab skills, further your career and improve your community! The US Gensus Bureau will soon be opening new offices to begin operations for conducting the 201 "u Gensus. Gffice jobs wily be available starting in ~CC8. Brief descriptions of 2010 Census jabs are included below. Further information and recruiting bulletins may be requested from the Regional Census Center Recruiting Department at 1-877-471-5432. Or visit our website: wwiw.census.govtrosea/wvuw/empty. htm I The count of the population in the United States, otherwise known as the Census, occurs once every 10 years. Data collected from the Census determines the distribution of over $200 million dollars of federal funding to tribal, state and local governments as well as non-profit organizations each year. This money helps to fund the schools, roads, emergency services and support services in your community. The Local Census Offices in the Seattle and Tacoma area will oversee and support preparatien and data collection operations for the 2C10 Census in Western Washington. Field Positions are located throughout the state. 76 Office Fasitions* Recruiting will begin in the Spring & Summer of 2608 Local Census Office Manager (LCOM) Manages all Local Census Office activities and operations with support from the Seattle Regional Office. Develops and implements data collection plans and monitors progress. Directly supervises assistant managers and indirectly supervises up to 75 office staff and 1400 field staff. Assistant Manager for Field Operations (AMFO} Directly supervises 10-15 supervisors and indirectly supervises up to 1400 field and office employees at peak operation. Coordinates staff training, creates work assignments, monitors progress, and reassigns work as needed. Assistant Manager for Administration (AMA} Manages ail personnel, payroll, supply requisitioning, office security and safety, and other administrative activities. Supervises up to 10 clerks and shift supervisor. Assistant Manager for Technology (AMT) Manages staff, deploys equipment, supports and troubleshoots information technology systems and telecommunications for the local census office and for field staff. Assistant Manager for Recruiting (AMR) Manages all recruitment and testing activities to support field and office operations for the Local Gensus Office. Trains and supervises 10 field recruiting assistants and several office clerks. Assistant Manager for Quality Assurance (AMQA} Advises and reports to the AMFO and the LCOM on compliance with pre-established quality assurance goals and procedures far ail field data collection operations in the Leta! Gensus Office. Supervises several office and field staff. Office Operations Supervisor (OOS} Supervises office clerical staff and supports office operations such as administration, recruiting, and fiekd. Administrative Assistant (AA) Performs a variety of organizational and clerical functions associated with the operations of the 2010 Census. Schedules visitors, maintains memos and files, and completes reports. Local Gensus Office Glerk Performs a wide variety of clerical functions associated with office processing, field operations, recruiting, testing and administrative operations. USCGNsU56UREAU fMlrylnp mrs M»ko )nformn4 Oet6Nn, UniS~d States 77 Field Positions* Recruiting wil! begin in the Summer & Fa6t of 2008 Partnership Specialist Specialists identcFy and establish contacts with local governments, community organizafrens and faith-based organizations to promote Census programs. They conduct outreach to educate the community, recruit job applicants, improve Census coverage and increase public participatign in the Census. Recruiting Assistant (RA} Promotes census jobs among community organizations and individuals. Secures space throughout the area for testing and training and conducts test sessions for applicants. Field Operations Supervisor (FOS) Advises and reports to the AMFO and the LCOM on compliance with pre-established quality assurance goals and procedures for all field data collection operations in the Local Census Office. Supervises several office and field staff. Crew Leader (CL) Supervises a team of 10-20 enumerators. Conducts group training using an established guide and assigns or reassigns work. Meets daily with enumerators in the field to review progress and address. problems. Conducts quality control work as required to assure accuracy of the Census. Crew Leader Assistant (CLA} Assists Crew Leader with all field duties, including appointment and training of new hires and assigning work to enumerators. Meets with 3-8 enumerators daily to ensure that they are completing assigned work accurately and within deadlines. Enumerator Completes assigr~r~}ents which involve locating and listing addresses and conducting interviews with respondents. Explains the purpose of the census, asks y-uesSons as wcrded cr census forms, and records data an forms or on hand held computers. Meets with supervisor at specified times for reviewing and turning in work. *This list identifies planned positions. Ali positions are subject fo availability and budgef Applicants must take a short test far most positions. Call the Seattle Regional Census Center Recruiting Department at 1-877-471-5432 to be scheduled for the test and to receive the recruiting bulletin that explains how to apply, qualifications needed for each position and job duration. The Census Bureau is an Equal Qpportunity Employer. Bidinguad applicants are encouraged to apply. UnitedSratzs- USCENSUSACiR~AU L~ 1lJ pIQlNlivy Ynu afrvk[ dry~ornwA!>mcl6lnre L ll 78 C~r~'~s ~~1~ Summer 2067 Formal invitations sent for LUCA participation Fatl 2607 LUCA Technical Training provided by the Census Bureau January 2008-2610 Yearly Boundary and Annexation Survey January 2008 Regional Census Center in Bothell, WA opens Early 2008 Local Complete Count Committees Formed (suggested) Spring 2008 LUCA Participants return updates to Census Bureau Spring 2008 Begin recruiting for Local Census Office Management positions Late 2048 Anchorage Local Census Offices opens - 2000 Airport Frontage Road Winter 2008-2009 Begin recruiting foc Census field staff April 2009 Address Canvassing (listing) begins Spring 2009 Begin recruiting for remaining Local Census Office Management staff Late 2009 Remaining Local Census Offices open Winter 2009-2010 Begin recruiting for Census Enumerators January 2010 Rural Alaska VilEages begin count -First Counted in United States Mid March 2010 Questionnaires mailed to households April 1, 2010 Census Day Late April 2010 Non-response follow-up begins December 31" 2010 Delivery of Population counts to the President for reapportionment i~e~ Cis ~ ~~ Z1 ~~m~s~s Short Form Only (Long form data now collected through the American Community Survey) Handheld Computers Used for address listing, and payroll *Scope of all activities and timing may change based an Congressional funding. 79 Suggested by: Administratian CITY OF KENAI RE50LITTION NO. 2008-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, a public outcry or competitive sealed bid auction are reasonable and acceptable means of disposal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items Iisted on Attachment A be declared surplus or obsolete and available to sell at axn outcry public or sealed bid auction. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of August 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance 80 AUCTIOtJ ITEMS - 2008 ATTACHMENT A Resolut'ran Na. 2008-50 - 1~- , _ 7' ,n ~2 Administration saw lu •ri~y'aJ N _ LF 1 ~_ ~ ~ ~ ~ ~~ ~.~~ 4 slot a er divider 1 4 slot le al file divider 1 6 slot letter file divider 1 Dell O ti lex GX260 com uter 1 Dell O ti lex GX110 com uter 1 Ma nif in /desk Ii ht 2 .Dell 19" monitor 3 HP Ink'et #45 black tinter aartrid e 3 HP Ink'et #78 tri-color tinter aartr[d e Misc. office supplies i Air art 1 24" Honda snowblower needs to be rebuilt 1 KW 230 Generator w/control panel & switch ear (M8N BID $5,000) Animal Control 1 Brother MFC 9600 PrinterlFax machine 1 Dell com uter ~ 1 Ma navox 15" TV 1 Ma navox VCR 1 Wooden desk 1 Boz of misc. honelcom uter stuff Fire De artment 1 Bearcat 210 XL radio scanner 1 Box old cell hone com onents 1 Dell CRT 19" com uter monitor 1 Dell O ti lex GX1 com uter 1 Fire Exten uisher bracket 1 Generac 4500 GP ressure washer 1 HP Desk'et 1120c tinter 1 Hi h ressure electrlclh draulic um needs a rebuild 1 Ma info for Power Mac com uter software 1 Microsoft ke board 1 Micratek Scanmaker 3630 flat bed scanner 1 Misa, box of office su lies 1 Plu in drop Ii ht cord real 1 Sears/Craftsman 3.5h 15 al air com ressor 1 Tefe ower radio batte conditioner not workin 2 10' x 6" hard suction 2 Industrial scientific as monitors 2 Radio combiner cabinets 2 Sets of com uter s Bakers Aluminized Fire Protection Gear 1 Pants 36 x 30 1 Coat size 40j 1 Coat size 46 2 Goat size 38 2 Coat size 421. Page 1 of 4 81 AUCTICJN (TENS - 2008 ATTACNNtENT A Resolu4ion Na. 2008-50 ~tc~,(„~~^`4-~rk~m,: ~i~. /.A`'~ Librar ..~~ ~~".!?., 1 C: .., ,. :'" ' ~~..._,.e ~lP xri~',.r~3n~s'~"*'3J,.. ~u'x; ;1„ h...-r. ,d 10' Children's easel readin table 1 Audio cassette eraser 1 Business card file box 1 Cassette tae la er I 1 Coftee table small 1 Com uter mouse 1 Com uter s Bakers 1 Defl Dimension XOSB com uter I 1 Deli O tiPlex 240 Com uter ho memor ) 1 Deskto file holder (short 1 Du uesne microfiche reader 1 Electric t ewriter doesn't work 1 File cabinet wooden 1 Han in .wall five i 1 Laminatin Tess 1 Literature dis la stand 1 Ma navox 14" VCH color TV 1 Metal desk 1 Metal table 1 Microfiche reader 1 Microfilm reader 1 Plant stand 2 Boxes iastic tab dividers 2 Com uter ke boards 2 Deil OptiPlex GX50 Com uters 2 Desk tra or anizers 2 Electric tv ewriters not into working condition) 2 Roils binder to e ~ 3 Educational charts 4 U holstered stools low ~ 5 Boxes catalo aides 104 in each) 12 Head hones & rack airs 85 3-Rin binders 192 Plastic ma azine or anizer boxes 195 Cassette to a cases 225 DVD cases 255 Pendaflex !e ai folders 7D0 Various sizes of Eas Cover II self-adhesive book covers Shefvin 1 18 Piece shelvin unit 1 Z sha ed 35x10x1 2 33.5x9.5x1 2 34.5x14x.75 1 4 34.5x12x.75 5 48x9x1 Page 2 of 4 82 AUC71ON ITEMS - 2008 ATTACHlVIE1dT P. Resolution No. 2008-50 ..gyn. .. Police De artment ~ 1 F . ~. '~,. ,.> AN-100 s Baker 1 Alternator 1 Automotive bum er un 1 Baseball bat 1 OKI Microline tinter 1 Box of com uter cables/connectorslaccessories 1 Box of hone cables 1 Cassette recorder wlmic 1 Cassette to a recorder 1 Com uter rivac screen 1 Dashboard mountin s stem 1 Dashmaster Ii ht 1 Dell 19" monitor 1 Dell co ier/ rinterlscanner 1 Fu i camera 1 HP Desk'et 940c tinter 1 JVC video camera/case/accessories 1 Ozark Trail 2 man tent 1 Panasonic cassette recorder 1 Panasonic TV 1 Panasonic transcriber 1 Pencil char ener ~ 1 Redfield 6x sco e 1 Sce tre monitor 1 Son di ital hoto tinter 1 TTY machine 1 USB docksta±ion i 1 VHS camera! caselaccessories 1 VOX cassette recorder 2 Ke beards/cables 3 Pianar monitors 3 Routers 4 Chemical masks & filters 4 Dell hard drives 8 Knives 9 Bikes 12 Motorola radio char ers Pubiic Works 1 4 ft. chiller 1 38" Bullet roof door 1 1969 Wisconsin tilt to trailer 1 1980 Oiat wood chi per 3 t hitch 1 '1983 Chev pick-u 1 1995 Chev Ca rice station wa on 1 1995 Fard Crown Victoria co car 1 199 Dod e Van wicabinets and ladder rack Page 3 of4 83 AUCTION ITEMS - 2008 ATTACHMENT A Resofufson No. 2008-SO p~~~t'~~~'r~j~~~~nw~~4~~~~NS'~~~ Public Works aont. .~~3F~~~~4~~1 1 7... '.f... 3 r. . ~.. Qi... i. r. M ~i"~''". T4~^ C 4'i~~~ .i':CvM ~rrc iY amSl. l..4m ~Y, fin. L~A:r 1988 Dod a 12 assen er van 1 2000 Ford Crown Victoria co car 1 2002 Polaris 700 4-stroke snowmobile 1 Anbo blade fits JD 310 back hoe 1 Bunn coffee maker (6 burner) 1 Bunn coffee maker 3 burner 1 Cab for JD tractor 1 Convection oven 1 Devil Bliss air camoressor 1 Honda mower snow blower 1 Hots natural as ressure washer 1 Shar co ier , 1 Slide in canoe !do box 1 Stackable washer & d er 1 Tar et concrete saw blown en ine 1 Universal wei ht machine 1 Vac-trot trailer 1 Vicon #ertilizer s reader 3 t. Hitch 2 36" Wolf ran e 2 Gas burners 2 I Rolls used chain link fencin a raxirnatel 400 ft. 4 Metal Halide li ht fixtures 400 watt 5 Metal Halide li ht fixtures 400 watt Senior Center 1 Kirch ceilin brackets 1 Throw blanket heated 1 Tcilet -.~,- --- 2 Florescentli ht fixtures 4 Schta e dormito exit locks 5 Bi-fold doors 5 S uare window lass - 518" airs ace 7 30'/d' x 12 Y" lets of window lass, 3/8" airs ace Page 4 of 4 84 AUCTION ITEMS - 2008 ATTACHMENT A Resolution No. 2008-50 Dept. ~+lo. each' item Administration 1 4 slot paper divider 1 4 slot le al file divider 1 6 slot letter file divider 1 Dell Optiplex GX260 computer 1 Dell Optiplex GX110 computer 1 Ma nif in /desk li ht 2 DeII 19" monitor 3 HP Ink'et #45 black printer cartrid e 3 HP Ink~et #78 tri-color rinter cartrid e Misc. office supplies Airport 1 24" Honda snowblower (needs to be rebuilt 1 KW 230 Generator w/control panel & switch ear (MIN BID $5,000) Animal Control 1 Brother MFC 9600 Printer/Fax machine 1 Dell computer 1 Ma navox 15" TV 1 Ma navox VCR 1 Wooden desk 1 Box of misc. hone/computer stuff Fire Department 1 Bearcat 210 XL radio scanner 1 Box old cell hone com onents 1 Dell CRT 19" computer monitor 1 Dell O ti lex GX1 computer 1 Fire Exten uisher bracket 1 Generac 4500 CP pressure washer 1 HP Deskjet 1120c printer 1 Hi h pressure electric/h draulic ump needs a rebuild 1 Mapinfo for Power Mac (computer software) 1 Microsoft keyboard 1 Microtek Scanmaker 3630 flat bed scanner 1 Misc. box of office sup lies 1 Plu in drop light cord real 1 Sears/Craftsman 3.5hp 15 aI air com ressor 1 Telepower radio batte conditioner (not workin ) 2 10'x8" hard suction 2 Industrial scientific as monitors 2 Radio combiner cabinets 2 Sets of computer speakers Aluminized Fire Protection Gear 1 Pants (36 x 30) 1 Coat (size 40 1 Coat size 46 2 Coat size 38) 2 Coat (size 42L) Page I of 4 AUCTION ITEMS - 2008 ATTACHMENT A Resolution No. 2008-50 Dept.; No. Each item Librar 1 10' Children's easel reading table 1 Audio cassette eraser 1 Business card file bax 1 Cassette tae la er 1 Coffee table small 1 Computer mouse 1 Computer speakers 1 Dell Dimension XOSB computer 1 Dell O tiPlex 240 Com uter no memor 1 Deskto file holder (short) 1 Duquesne microfiche reader 1 Electric t pewriter doesn't work 1 File cabinet (wooden) 1 Han in wall file 1 Laminatin press 1 Literature display stand 1 Ma navox 14° VCH color TV 1 Metal desk 1 Metal table 1 Microfiche reader 1 Microfilm reader 1 Plant stand 2 Boxes lastic tab dividers 2 Computer keyboards 2 Dell OptiPlex GX50 Computers 2 Desk tra or anizers 2 , Electric t pewriters (not in top working condition) 2 Rolls binder tape 3 Educational charts 4 Upholstered stools (low) 5 Boxes catalo uides (100 in each 12 Headphones & rack airs 85 3-Ring binders 192 Plastic magazine or anizer boxes 195 Cassette tape cases 225 DVD cases 255 Pendaflex legal folders 700 Various sizes of Eas Cover Ilself-adhesive book covers Shelving 1 18 Piece shelving unit 1 Z shaped 35x10x1 2 33.5x9.5x1 2 34.5x14x.75 4 34.5x12x.75 5 48x9x1 Page 2 of 4 AUCTION ITEMS - 2008 ATTACHMENT A Resolution No. 2008-50 Dept..: No. Each' !tern Police Department 1 AN-100 speaker 1 Alternator 1 Automotive bum er un 1 Baseball bat 1 OKI Microline rinter 1 Box of com uter cables/connectors/accessories 1 Box of hone cables 1 Cassette recorder w/mic 1 Cassette tape recorder 1 Computer privac screen 1 Dashboard mounting system 1 Dashmaster li ht 1 Dell 19" monitor 1 Dell copier/ rinter/scanner 1 Fu'i camera 1 HP Desk et 940c printer I 1 JVC video camera/case/accessories 1 Ozark Trail 2 man tent 1 Panasonic cassette recorder 1 Panasonic TV 1 Panasonic transcriber 1 Pencil sharpener 1 Redfield 6x scope 1 Sceptre monitor 1 Son digital photoprinter 1 TTY machine 1 t1S6 dockstation 1 VHS camera/ case/accessories 1 VOX cassette recorder 2 Keyboards/cables 3 Planar monitors 3 Routers 4 Chemical masks & filters 4 Dell hard drives 8 Knives 9 Bikes 12 Motorola radio chargers Public Works 1 4 ft. chiller 1 36" Bullet proof door 1 1969 Wisconsin tilt to trailer 1 1980 Olat wood chipper 3 pt hitch 1 1983 Chevy pick-up 1 1995 Chev Caprice station wa on 1 1995 Ford Crown Victoria cop car 1 1997 Dodge Van w/cabinets and ladder rack Page 3 of 4 AUCTION ITEMS - 2008 ATTACHMENT A Resolution No. 2008-50 :Dept. No. Each Item:' Public Works cont. 1 1988 Dod a 12 passen er van 1 2000 Ford Crown Victoria cop car 1 2002 Polaris 700 4-stroke snowmobile 1 Anbo blade fits JD 310 back hoe 1 Bunn coffee maker (6 burner) 1 Bunn coffee maker 3 burner 1 Cab for JD tractor 1 Convection oven 1 Devil Bliss air compressor 1 Honda mower snow blower 1 Hotsy natural as pressure washer 1 Shar co ier 1 Slide in canoe /dog box 1 Stackable washer & d er 1 Tar et concrete saw blown engine) 1 Universal wei ht machine 1 Vac-trac trailer 1 Vicon fertilizer spreader 3 t. Hitch 2 36" Wolf ran e 2 Gas burners 2 Rolls used chain link fencin (a proximate) 400 ft.) 4 Metal Halide light fixtures (400 watt) 5 Metal Halide li ht fixtures (1000 watt) 5 Wooden foam filled tires floatin dock (20' x 7') Senior Center 1 Kirch ceilin brackets 1 ~ Throw blanket (heated) 1 Toilet 2 Florescent li ht fixtures 4 Schlage dormitory exit locks 5 Bi-fold doors 5 S uare window lass - 5/8" air space 7 30'/<" x 12 Y<" piece of window lass, 3/8" airspace Page 4 of 4 Suggested by: Parks & Recreation Commission CITY OF KEYyPsY RESOL[JTEf}N Nom. 2QO8-51 A RESOLU"I'ION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING A FEASIBILITY STUDY AND NEEDS ASSESSMENT IN CONSIDERATION OF A DOMED ALL SPORTS FACILITY IN THE CENTRAL KENAI PENINSULA AREA. WHEREAS, the Kenai Parks and Recreation Commission is tasked with investigating and commenting an development of public recreation facilities that will serve the people of the City of Kenai; and, WHEREAS, ai its July 24, 2008 meeting, the Kenai Parks & Recreation Commission unanimously passed a motion supporting a feasibility study and needs assessment be conducted in consideration of a domed all sports facility in the Central Kenai Peninsula area.; and, WHEREAS, there is increasing interest in examining the feasibility of an All Sports Complex that would serve the Central Kenai Peninsula area; and, WHEREAS, such a facility would provide the ability for year round participation in such sports as soccer, track and field, baseball, football and other sports and community activities; and, WHEREAS, the All Sports Complex Task Force has been formed to pursue the feasibility of such a project for the area; and, WHEREAS, the feasibility study and needs assessment should. be conducted. in a cooperative effort by the itenai Peninsuia Borough, the Kenai Peninsuia Borough School District, the City of Kenai and the City of Soldotna. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai supports and will assist in conducting, with other entities, a feasibility study and needs assessment in consideration for a domed all sports facility in the Central Kenai Peninsula area, The study and needs assessment should give consideration to land availability, construction size, potential user groups/individuals, maintenance, operational expenses, facility management, tax payer obligations, poteniial activities, and identification of funding sources including other governmental entities, private business and grants. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August; 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 85 Suggested by: Council CITY ®F I£g:NAI I2ESt3LUTION Y~C7. 2008-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION (ADEC) GRANT FUNDS FOR THE PROJECT ENTITLED "NEW WATER TRANSMISSION MAINS (PHASE II}, WELLHOUSE, WELLS, AND RELATED IMPROVEMENTS" AS THE NUMBER ONE LOCAL STATE FUNDING PRIORITY FOR FISCAL YEAR 2010. WHEREAS, the City of Kenai through the State of Alaska, Department of Environmental Conservation will request additional grant funding for the New Water Transmission mains (Phase II), Wellhouse, Wells, and Related Improvements; and, WHEREAS, the State of Alaska, Department of Environmental Conservation has requested the City of Kenai identify if this project is the community's number one Ioca1 state funding priority foz• uscal year 2010; and, WHEREAS, the New Water Transmission mains (Phase II), Wellhouse, Wells, and Related Improvements will provide increased volumes of drinking water meeting the EPA water quality standards, specifically for arsenic, abandon two municipal production wells in which arsenic levels exceed to EPA water quality standards, drill two new wells, construct/remodel a Wellhouse, construct a new water main to serve areas with private wells with high levels of arsenic, replace an aging failing asbestos concrete water transmission main, provide stand-by power generation, and related improvements. NO`vU, THEREFOP.E, BE IT P.ESOLVED BY THE COUNCIL OF TN.E CITY OF KFNAI; ALASKA, designates the New Water Transmission mains (Phase II), Wellhouse, Wells, and Related Improvements as the number one lacai state funding priority for fiscal. year 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sv;th day of August, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk clf Approved by Finance: g6 AGENDA KENAI CITY COU'N'CIL -REGULAR MEETING JULY 2, 2008 7:00 P.M. KENAI CITY COUNCIL CIiANIBERS http: / /wtivw.ci.kenai.ak.us ITEM A: GALL TO ORDER Pledge of Allegiance Roll Call 3. Agenda Approval 4. CansentAgenda x'AI1 items listed with an asterisk {~) are considered to be routine and non- coniraversial 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 PUBLEC COMMENTS (10 minutes} City Manager Rsek Kook -- Forestry Video {11 minutes} Judg+ Reese, Kenai Peninsula. Fsre Wise Team/Division of Forestrq -- Fire Safe Program Update ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes} ITEM D: REPORTS OF IIPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLEC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance Na. 232I-200$ -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Praject Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements. Ordinance No. 2322-2008 -- Placing on the Ballot for the Next General Election the Question As to Whether the iVIunicipal Officers of the City of Kenai Should be Exempt From the Proeri ions of the State of Alaska Financial Disclosure Statutes (AS 39.50}. 3. 'Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.&5:020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Suhject to Modified Requirements in KNIC 1.85.030. 87 4. ®rdinaaoe No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 3:20.010. Resolution No. 2008-40 -- Contributing $5,000 to the Central Area Rural Transit System, Inc. (CARTS] for Fiscal Year 2008-2009 Transit Services. Resolution No. 2008-45 -- Awarding the Bid to Alaska Enviroscape for Leif Iiansen Park Sprinklers .Installation - 2008 for the Total Amount of ~52,b30. STEM F: MINUTES *Regul.ar Meeting of June 18, 2008. YTEM G: UNFINISHED BUSINESS ITEIc~T H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding X15,000 3. *Ordinance No. 2326-2008 -- Amenduzg KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. 4. *Ordanaace No. 2327-2008 -- Amending fhe Official Kenai Zoning Map by iDo .....^.g a Par*ua~. of T.nt 4. G`R(1 CNhuli~noir~n TIQ. '7 R: T nt .~i~ FR(1 ,,. - Subdivision. No. 8 From Conservation to Light Industrial. 5. *Ordinanee No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision Na. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. b. *Ordinanee No. 2329.2008 -- Amenduig the Official Kenai Zoning Map by Rezoning Tract lA of Buffalo Run Subdivision 2008 Replat {Preliminary Plat) Consisting of AppraxZZnately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. 7. *drdinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. 8. *C9rdinance No. 2331-2008 -- Enacting a New Section of the Kenai Municipal Code (KMC 13.20.040) Titled "Trespass" Making It a Violation to Trespass Upon Real Property. $$ APProval -- Grant of Easement/T6N R11W, Sections 32 8v 33, Secuard SW KN2006025, Baron Park 2006 Replat Lot A, Records of the Kenai Recording District (Slope Easement/Marathon Road Improvements). ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning &, Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MPaYOR ITEM K: ADMINYSTR~TION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCU 1. Citizens (five minutes) 2.. Council ITEM M: PENDING LEGISLATYON (This item Lists legislation which will be addressed at a later date as noted.) Ordinance No. 23I4-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the Cit3r of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) -- City Manager Evaluation Continuation ITEM N: 89 KENAI CITY COUNCIL -~RppEyCpsULAR MEETING V ULY 2, 2VOS 7:®~ P.M. KENAI CITY COUNCIL CHAMBERS htto. / {cvwcv.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m, in the Council Chambers in the Kenai City Hall Building. A-I. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL A quorum was present. Student Representative Maya Johnson: Absent ADD TO: Executive Session -- Financial Matters SUBSTITUTE: H-8, Ordinance No. 2331-2008 -- (Change= removal of "ar buildings" from 13.20.040(a)/first line), MOTION: Council Member Swarner MOVED for approval of the agenda as amended. Council Member Smalley SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Swarner MOVED to approve the-consent agenda and. requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. 90 The City Clerk took roIl. Present were: KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 2 Mayor Porter presented Finance Director Larry Semmens with an inscribed clock and thanked him for his years of dedication to the City of Kenai and commending him on kis new position as City Manager at the City of Soldotna. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-L. City Manager Rick Koch -- Forestry Video Koch reported the video would be reviewed during the Division of Forestry presentation. B-Z. Judy Reese, Kenai Peninsula Fire Ruse Team/Division of Forestry -- Fire Safe Program Update Reese presented a video and discussion related to the Fire Wise Protection Plan for the City of Kenai and its goal to protect life, safety and property. Discussion followed the presentation during which City Manager Koch noted, without further direction of council, when the team returned to continue its work in the City, the work would continue as it had been. Council Member Molloy requested a discussion item be included on a council agenda to continue spaaldng to the issue, including monitoring the removal.of brush, an agreement with the contractor, etc. Mayor Porter indicated the discussion could be at the next meeting." ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY' LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-I. Ordanance No. 2321-2®08 -- lnereasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2321-2008 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one. wishing to be heard, the public hearing was closed. 91 KENAI CITY CQUNCIL MEETING JULY 2, 2008 PAGE 3 Council discussed amounts already expended or obligated with regard to the library and bluff erosion projects. Administration was requested to keep the council up to date with regard to amounts needing to be expended before use of the library bond. It was also suggested, when funds become available, consideration should be given to developing a drift boat pullout along the river. VOTE: ``Student Representative Johnson: Absent E-2. Ordinance No. 2322-2008 -- Placing on the Batlot for the Nexk General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes {AS 39.50}. MOTION: Council Member 5warner MOVED for adoption,of Ordinance No. 2322-2008 and Cauncit Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. MOTON TO AMEND: Council Member Molloy MOVED to amend the ordinance title and last whereas paragraph adding, "but remain subject to the Kenai Municipal Code disclosure ordinance (KMC 1.85)" after AS 30.54. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: 92 MOTION PASSED UNANIMOL7SLY. *Student Representative Johnson: Absent KENAI CITY. COUNCIL MEETING JULY 2, 2008 PAGE 4 MOTION FA.SSED [7N.4NYMOLTSLY. VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson: Absent Srnalle Yes Eldridge Yes Ross Yes Mo11o Yes Bo Ie Yes Porter Yes Swarner Yes__ _ ~~ MOfiYON PASSED IINANYMOiISLY. E-3. Osdiaaaxee No. 2323-2Gi5a -- Amending KiVIC 1.85 by: 1} Iipdating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; a~zd, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.as.a3o. MOTION: Council member Eldridge MOVED for adoption of Ordinance No. 2323-2008 and Council I`?ember S:ra.~-ner SEOOI~~E,D the xn cticn. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council discussion followed with the following comments: • The ordinance (subparagraph 3} should include the exception ~c~ith regard to reporting of rental income to coincide with the proposed financial disclosure form. • The ordinance (subparagraph 5J should include "Do not report credit card obligations or revolving charge accounts" in order to coincide with the proposed financial disclosure form. • Add "or another municipality" to subparagraph 6 of the ordinance. • Add "on the form approved by resolution. by the Council" at Item (c}. • Clarity needed in Section Two, 1.85.030 related to "spouses of medical doctors, ..." • Include a note directing the filer, if additional pages are needed to list information, include the schedule and the filer's Warne at the top of each extra page. 93 KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 5 MQ3TTON TD PQ9STP®NE: Council Member Molloy MOVED to postpone Ordinance No. 2323-2008 to the second meeting in July and Council Member Swamer SEC®NDEI3 the motion. V®TE M6ITI®N T~ PE)STP47NE: *Student Representative Johnson: Absent Srnallee Yes Eldrid e Yes Ross ;Yes Mollo Yes Bo ie Yes Porter ~ Yes Swarner Yes MCT%CN PASSED UNANIMOUSL~C. E-4, prdiaanae No. 2325.2005 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 3.20.010. Mfl7T%ON: Council Member Ross MOVED for approval of Ordina~ice No. 2325-2008 and Council Member Eldridge SEC®NDED the motion. mile iivvr ope_`•i fo" pubr'•• 7"°..._zng. Ther° bung :Cane R'151LT.lIg tC he hewrli +'f~o - - _. ue public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Absent E-5. Resolution No. 2005-40 -- Contributing $5,000 to the Central Area Rural Transit System, Ina (CARTS) for Fiscal Year 2008-2009 Transit Services. MOTION: 94 MOTYO'N FAILED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 6 Council Member Eldridge MC7VED far approval of Resolution No. 2008-40 and Council Member Boyle SECC3NTeEI3 the motion. The floor was opened for public hearing. Jennifer Beckmann, Executsve Director, CARTS -- Beckmann discussed the history of the pragram and. spoke in support of the resolution, requesting support of the resolution on behalf of the people needing the program. Beckmann also Hated gas costs had risen; a circular plan far carrying people to and from work had been suggested, but had not gone forward; and reviewed funding sources, etc. Council Member Ross stated his support of the resolution, recognizing it was aone- timepayment and would not establish a line item in the budget. Council Member Smalley reported his wife was a member of the CARTS board, but neither she or he received any financial gain from her participation. There being no one else wishing to be heard, the public hearing was closed. VOTE: MC)TYCN k'E4SSLD ~TNANFM(3B3SLY. E-6. Resolution No. 208-41 -- Awarding the Bid to Alaska Enviroscape for Leif Hansen Park Sprinklers Installation - 2008 for the Total Amount of $52,630. MC3TIi7N: Council Member Swarner MOVED far approval of Resolution No. 2008-41 and requested (DN Q4TS CONSENT. Council Member Eldridge SECON}3ELf the motion. The floor was opened for public hearing. There being no one wishing to be heazd, the public hea*-ing was closed. There were no council comments. VC2TE: There were no objections. S® ORDERED. 95 *Student Representative Johnson: Absent ItENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 7 ITEM F: MYN[STES F-1. Regular Meeting of June 18, 2008 -- Approved by cnnsent agenda. ITEM Sa: UNFINISHED BUSINESS -- None. 'BREAK TAKER: 8:10 P.M. BACK TO ORDER: 8:30 P.M. ITEM H: H-1. Bills to be Ratified MOTIOR: Council Member Smalley MOVED to raflfy the bills and Council Member Eldridge SECORDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. H-2. Approval of Purchase Orders Exeeedirsg $15,000 MOTION: Council Member Swarner MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECORDED the motion. VOTE: There were no objections. SO ORDERED. II-3. Ordiaarace No. 2326-2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020] to Establish a New Investment Policy for the Airport Land Sale Permanent Find. 96 '"Student Representative Johnson: Absent KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 8 Introduced by approval of the consent agenda. H-4. Ordinance Nc. 232?-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 Sv Lat 5, FBO Subdivision No. 8 From Conservation to Light Industriat. Introduced by approval of the consent agenda. H-5. Ordinance Na. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subaivision No. 6, and Tract C-l, Gusty Subdivision No. 7 From Conservation to Light Industrial. introduced by approval of the consent agenda. H-6. Ordinance No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract lA of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. Introduced by approval of the consent agenda. H-7. Ordiaance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by n25,000 in the Airpoi ~ Special Revenue Fund grid the Courthouse Parking Capital Project Fund for Engineering. Introduced by approval of the consent agenda. H-8. Ordinance Ne. 2331-2008 -- Enacting a New Section of the Kenai Municipal Cade (KMC 13.20.040) Titled "Trespass" Making It a Violation to Trespass Upon Real Property. Introduced by approval of the consent agenda. H-9. Approval -- Grant of EasementJT6N R11W, Sections 32 8v 33, Seward SW KN2006025, Baron Park 2006 Replat Lot A, Records of the Kenai Recording District (Slope Easement/Marathon Road Improvements). MO'T'ION: Council Member SmaIIey MOVED for approval of the Grant of Easement. Council Member Eldridge SECON33EI3 the motion and requested UNANIMOUS CONSENT. 97 KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 9 It was noted, the grant of easement. would provide for construction slope easements for the Marathon Road project, and the "SW" in the description would be corrected to be "SM" (Seward Meridian). 'VOTE: There were no objections. SO ORl)EREl3. ITEM I: COMMISSION/COMMITTEE REPORTS I-I. Council on Aging-- Council Member Eldridge reported the July meeting had been cancelled and the next scheduled meeting would be August 14, 2008. i-2. Airport Commission -- Council 1Vtember Molloy reported the next scheduled meeting would be held on July 10, 2008. I-3. Harbor Commission -- Council Member Boyle reported the next meeting would be held Monday, July 7, 2008. I-4. Library Commission -- Council Member Smalley reported the July meeting had been canceled and the next scheduled meeting would be held August 5, 2008. I-5. Parks & Recreation Commission -- Council Member Eldridge reported Tne r?ext gehariiilarl meeting cx~nuiti bg Held, ;jiiiy 3, ~iOQ$, iv_Iayor Paz-ter naffed, the commission would be reviewing a draft ordinance related to formation of an advisory cemetery committee with a sunset date. I-6. Planning & Zoning Commission -- Council Member Ross reviewed the actions taken at the June 25, 2008 meeting (minutes were included in the packet). Y-?. Miscellaneous Commissions and Commsttees I-7a. Beauti£xcation Committee -- Council Member Swazner reported the next scheduled meeting would be held July 8, 2008. I-7b. ,Alaska Municipal League Report -- No meeting, I-7c. Mini-Grant Steering Committee -- No meeting. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted functions she attended; including the BP community picnic and career fair. Frontier Services annual baseball game, the Alaska Oil & Gas Annual luncheon, and Kenai River Classic events. ITEM I~: ADMINISTRATION REPORTS 98 KENAI CITY COUNCIL MEETING JULY 2, 2UU8 PAGE 10 K-I. City Manager -- City Manager Koch noted the following items: • Report on the fire in the Campbell Creek area in Anchorage. • The slash deposited at Forest and Spur Highway had been removed as well as others generated from Fire Wise Program. • He would continue to participate in the suggested sports dome discussions, noting he emphasized the group should focus on operational costs and how they would be met. WiI1 be meeting with the Governor in late July related to the bluff erosion project. • He would be out of the office from August 4-15. • He would be meeting with state agencies related to grant opportunities for dunes protection. K-2. Attorney -- City Attorney Graves thanked Finance Director Semmens far his years of work with the city and reported he was investigating purchase of software related to attaching Permanent Fund Dividends and would bring a resolution io transfer funds if the software would be purchased. K-3. City Clerk -- Na report. I'SEM L: L-1. 'Citizens -- None. L-2. Council -- 3warner -- Noted the following items: • Thanked Clerk Freas for volunteering at the Kenai Classic. • The Federal Express office had been remodeled. • The addition to the GLM building was progressing. • She suggested a copy of the most recent audit and income tax returns be received from non-profits to whom the city may consider donating funds of $5,OOU or more, Attorney Graves noted, the request could be a condition of the resolution declaring the donation. Smalley -- Noted he believed the city was looking very nice and stated his appreciation of the care given, thanked Semmens for his years of employment and welcomed Terry Eubanks (Semmens' successor}. Eldridge -- Stated he was happy to see the corporate jets at the airport, reported the EDD Executive Director was resigning, and thanked Semmens for his service to the city. 99 KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 11 1Zoss -- Thanked Semmens for his years of service, welcomed Eubanks, and thanked Attorney Graves for his memorandum related to cell phone towers. Molloy -- Requested administration investigate boats parked by Tern on Walker Lane; requested administration to investigate the city's policy of other entities linking to the city's webpage as he had received a comment from the Kenai Community Foundation Board to that regard; and, requested aerial photographs of the rezones to be before council at the July 16, 2008 meeting. Soyle -- Thanked Semmens and wished him good luck and welcomed Eubanks. ITEM M: FENDING LEGI5LATIflN (This item lists iegistation which will be addressed of a Later date as nofec-l.) flrdinanee No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%j for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) -- City Manager Evaluation Continuation MOTION: Council Member Swarner MOVED to convene in an executive session of the Council of the City of Kenai concern matters, the immediate knowledge of which would dearly have an adverse effect upon the finances of the City of Kenai, and that would tend to prejudice the reputation and character of another, i.e. continuation of the city manager's evaluation. Council Member Smalley SECONDED the oration. VOTE: Smalley j Yes Eldridge ,Yes Ross j Yes Molloy Yes ~ Boyle Yes Porter (Yes ~Swarner Yes ~ ~ j MOTION FASSED UNANIMOUSLY. .EXECUTIVE SESSION: 8:49 F.M. SACK TO ORDER: 10:18 F.M. Council Member Swarner reported during the executive session, council decided not to pursue real estate options; directed administration to proceed with the negotiations with the University of Alaska Anchorage; directed administration to continue 100 KENAI CITY COUNCIL MEETING JULY 2, 2005 PAGE 12 investigating easement issues on W'ildwood Drive; and, reviewed goals and objectives of the city manager and discussed them with the city manager. F~xrther comments of council: • Electrical use survey -- Koch reported the survey had been completed and was being used as a tool for projects. Council requested they be provided an executive summary of the summary with what direction would be taken. • Concern from a resident of a visiting relative being cited for four-wheeler use and felt it was inappropriate to be cited without a warning. Concern was expressed the council should not be involved with whether citations are issued or not and should refer the matter to the city manager or police department. ITEM N: 1~I3JOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:25 p.m. Minutes submitted by Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the offcial council vote and shad not affect the ouicome- of a uote. Advisory votes shaii be recorded ire the minutes. Student representatives may not move ar seoond items during a council meeting. 101 AGENDA KENAI CITY COUNCIL -REGULAR MEETING JULY as, Zoos 7:Ia® P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: GALL T® ORDER 1. Pledge of Allegiance 2. Roll Call 3, Agenda Approval 4. Consent Agenda *AII 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 wile be removed from the consent agenda az~d considered in its normal sequence on the agenda as part of the General Ordors. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Bill Hatch, Habitat for Humanity Board Vice President -- Request for Donation of Property for Development. 2. Ray 8s Janine Espy -- Cell Phone Tower Moratorium Request 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.} Ordinance N®. 2823-2008-- Amending KMC 1.85 by: I) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. (Clerk's Note: Ordinance No. 2323-2008 was amended at the July 2, 2008 council meefing and then postponed to the July 16, 2008 council meeting. The motion to approve is active.) a. Snbstitvte Ordinance No. 2323-2005 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) 102 Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and, 3) Adding Definitions for "Domestic Partner," "Health Care Provider," and "Covered Individual"; and, 4) Including Stockbrokers, Financial Advisors axed Health Case Providers in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. Ordinance No. 2326.2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. 3. Ordinance No. 2327-200I? -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industr7al. 4. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. 5. Ordinance No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract lA of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residenfial to Rural Residential. Ordinance No. 2330-2008 -- increasing Estimated Revenues and Appropriations by $25,000 in the Airport Spacial Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. Ordinance No. 2331-2008 -- Enacting a New Section of the Kenai viuncpal Code (KivIC i3.20.040i Titled "Trespass" Making It a Violation to Trespass Upon Real Property. 8. Resolution No. 2008-42 -- Pertaining to the Investment Allocations of the Airport Permanent Fund and Establishing Appropriate Benchmarks to Measure Performance. 9. Resolution No. 2008-43 -- Awarding a Professional Services Contract to Alaska Permanent Capital Management, Inc. to Manage the Airport Permanent Fund Investments. 10. Resolution No. 2008-44 -- Approving a Contract to Southcentral Construction, Inc. for the Project Entitled Marathon Road Improvements - 2008 for the Total Amount of $1,015,265.90. ITENd F: lE~IATUTES '`Regular Meefing of July 2, 2008. ITEM Cs: UNFIhTISHEI3 BUSINESS 103 ITEM H: NEW BBJSINESS Bills to be Ratified 2. Approval of Purahase Orders Exceeding $15,000 3. *Oreiinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 4. *Ordiasance Na. 2333-2008 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses. 5. *Ordxnartce No. 2334-2008 -- Enacting a New Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Developmeni of an Addition to the Existing Cemetery, Its integration Into the Existing Certietery acid including a Provision to Sunset the Committee After a Period of Two Years. ITEM I: COMMISSION/COMMITTEE REPORTS I, Council on Aging 2. Airport Commission 3. Harbor Commission 4. .Library Commission 5. Parks ~ Recreation Commission 6. Planning 8v Zoning Commission 7. iviiscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM II: City Manager Attorney City Clerk ITEM L: Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 104 Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing far Longevity Pay of '1`svo Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) -- None Scheduled 1TEA1 N: 105 I{ENAI CITY COUNCIL -REGULAR MEETING JULY 1Cx, 2008 7:00 ~.M. KENAI CITY COUNCIL CFIAMSER~ httu: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MYNUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-I. PLEDGE aE ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roA. Present were: Vice Council Members absent: Rick Ross A quorum was present. Student Representative Maya Jchrson: A'osent A-3. AGENDA APPROVAL Hal Mayor Porter requested the following be added to the agenda: ADD TO: Exeontive Session -- Financial Matters ADD AS: Ixaformatiou Item No. 5 -- J. Castimore email thanking Council Member Smalley for his assistance in Kenai. Lion's Club cleaning up of Bernie Huss Trail. Information Item No. 6 -- 7;/10/08 Division of Juvenile Justice letter requesting consideration of adding a bike path on the west side of Marathon Road to the JuvenIle Detention Facility. MOTION: Information Item No. 7 -- City of Kenai Building Permitsf Section Quarter 2008. 106 KENAI CITY COUNCIL MEETING JULY 16; 2008 PAGE 2 Council Mernper Smalley MOVED to approve the agenda as amended and requested. UNANYMOUS CONSENT. Council Member Swarner SECONDED the motion. VOTE: There were no objections. SO ORDERED. A-4 CONSENT AGENDA MOTION: Council Member Swarner MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were na objections. SO ORDERED. ITEM B: SCHEDULED PUBLYC COMMENTS (10 minutes} A presentation of an Employer Support of the Guard and Reserve (ESGR} and the Seven Seals Awards were made to Mayor Porter by Michael Machulsky. B-1. Bill Hatch, Habitat for humanity Board Vice President -- Request for Donation of Property for Development. Referring to a letter included in the packet, Hatch thanked council for the city's past support and entertaining the request for donation of lots to Habitat for Humanity for development in the city. He noted, Habitat had concern of paying $23,000 in back taxes for the lots requested. After a brief discussion, council consensus was to move forward with further discussion and requested administration to bring the issue back to council for consideration. Council Member Smalley noted his membership of the Habitat for Humanity Board of Directors, noting he received no payment for his participation. Council Member Swarner requested a list of other foreclosed lots in the city that could also be considered for donation and development. B-2. Ray & Janine Espy -- Cell Phone Tower Moratorium Request Referring to a letter included in the packet, Janine Espy discussed concerns with the number of cell phone towers that could be placed in the city and a previous request for 107 KENAI CTTY COUNCIL MEETING JULY 16, 2008 PAGE 3 a moratorium for placement of towers until an ordinance and plan were developed for appropriate placement of towers within the city. Consensus of council was for cell phone towers to be discussed by the Planning ~ Zoning Commission at its first August meeting. Discussion also included the following: ® A moratorium on placement of towers would require passage of an ordinance. • Suggestions that cell phone companies be notified of the discussion to be held by the commission. • Consider holding a work session with the cell phone companies, commission and residents. .ITEM Cc UNSCHEDULED PUBLIC COMMENTS (3 minutes) C-I. Gaarge ~`ord, Kenai Historical Society -- Ford noted his address as 526 Ash Avenue, Kenai and updated council on the Kenai Historic cabin; cannon relocation project, noting award of a $55,000 Rasmusan grant to assist in the moving of the buildings, $11,000 in donations from other organizations, and the need to raise approximately $10,000 in additional funding. Ford also noted, the physical portion of the project was ready to begin and requested assistance from the city to manage the project. After a brief discussion, it was council's consensus the city would assist with the project management and move forward with the project. ITEM I'ac 12EPux"~TS CYr+- IiPE ~SSEM$LY. LECzISLliT0I2 x kivu (:BJUNC:3i,S -- None. ITEM E: PUBLIC HEADINGS (Testimony limited to 3 minutes per speaker.) E-1. Grdinanoe No. 2323-2008-- Amending KMC 1.85 by: l) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. (Clerk's Note: Ordinance No. 2323-2008 was amended at the July 2, 2008 council meeting and. then postponed to the Juty 16, 2008 council meeting. The motion to approve is active.) E-Ia. Substitute Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financiat Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the 108 IiENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 4 Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; arid, 3i Adding Defxrxitions for "Domestic Partner," "Health Care Provider," and "Covered Individual"; and, 4) Including Stockbrokers, Financial Advisors and Health Care Providers in the List of Professionals Subject to Modified Requirements in KMC 1:85.030. M®TION: Council Member MoAoy MOVED to enact Substitute Ordinance No. 2323-2008 and Council Member Eldridge SECONDED the motion.. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Attorney Graves was thanked for including suggested amendments provided. VOTE: MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2326-2008 -- Amenaing KIvIC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Poficy for the Airport Land Sale Permanent F~xnd. MOTION: Council Member Smalley MOVED far adoption of Ordinance No. 2326-2008 and. Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Council Member Malloy MOVED to amend Ordinance No. 2326-2008 at 7.30.026(a)(1} (page 43 of the packet) changing "finance director" to "administration" and adding "subject to council approval" after "endowment investments." Council Member Boyle SECONDED the motion. 109 *Student Representative Johnson: Absent KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 5 It was noted; the city manager would still sign the contract, but the contract would first be subject to council approval. VOTE: MOTION PASSED UNANIMOUSLY. Council Member Molloy suggested an amendment be made at paragraph (c) to coincide with the ethics ordinance recently passed by council or move forward with the consideration of Ordinance No. 2326-2008 and amend the ordinance at a future meeting: Attorney Graves recommended Ordinance No. 2326-2008 be considered and include the suggested amendment with a future ordinance that would also include a definition of confidential information. VOTE ON MOTION AS AMENDED: Student Representative Johnson: Absent E-3. Ordinance Na. 232'7-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2327-2008 and Council Member Swarner SECONDED the motion. The floor was opened far public hearing. There being no one wishing to speak, the public hearing was closed. Tt was noted a request for postponement had been made during a conversation by Council Member Ross for Ordinance Nos. 2327-2008 and 2328-2008, if the ordinances were not time sensitive. It was determined the ordinances were not time sensitive. MOTION TO POSTPONE: 110 *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. KENgI CITY COUNCIL MEETING JULY 7.6, 2008 PAGE 6 Council Member Molloy MOVED to postpone Ordinance No. 2327-2008 to the first meeting in August and Council Member Boyle SEOONDED the motion. Administration had no objections to consideration of the ordinance being postponed. VOTE ON POSTPONEMENT: *Student Representative Johnson: Absent E-4. Ordinance No. 2388-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-l, Uusty Subdivision No. 7 From Conservation to Light .Industrial. MOTION: Council Member Swarner MOVED for adoption of Ordinance No. 2328-2008 and Council Member Smalley SECONDED the motion. The floor was anened to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Council Member Molloy MOVED xo postpone Ordinance No. 2328-2008 to the first meeting in August (based on the request made by Council Member Ross). Council Member Eldridge SECONDED the motion. VOTE ON MOTION TO POSTPONE: *Student Representative Johnson: Absent 111 MOTION PASSED UN`ANIMOLFSLTt. MOTION PASSED UNANIMOUSLY. KENAI CITY COt7NCIL MEETING JULY l6, 2008 PAGE 7 E-5. Ordinance No. 2329-2608 -- Amending the Official. Kenai Zoning Map by Rezoning Tract 1A of Buffalo Run Subdivision 2008 Repiat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. MOTIONS Council Member Eldridge MOVED For adoption of Ordinance No. 2329-2008 and Council Member Swarner SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council had no comments. VOTE: kttudent Representative Johnson: Absent Eldrid e Yes ~ Ross ,Absent Mollo Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes MOTION PASSED UNANIMOUSLY. E-6. Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,006 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2330-2008 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no councff comments. VOTE: '"Student Representative Johnson: Absent Eldrid e I Yes Ross Absent Molloy Yes Bo 1e Yes ,Porter ~ Yes (Swarner Yes ~ Smalley Yes ~ i MOTION PASSED UNANIMOUSLY. 112 KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 8 E-7. Ordinanoe No. 2381-2008 -- Enacting a New Seetion of the Kenai Municipal Gode (KMC 13.20.040} Titled "Trespass" Making It a Violation to Trespass Upon Real. Property. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2331-2008 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. Bob Peters, Old Tawas, Kenai -- Peters spoke in support of Ordinance No. 2331-2008. Council Member Swarner declared she had an interest in a bluff lot and appreciated the ordinance. City Attorney Graves noted Swarner had discussed her situation with him and since the ordinance was a trespass ordinance of general application and-no± solely of bluff property, she was not prohibited to vote an the ordinance. VOTE: *Student Representative Johnson: Absent' Eldrid e 'Yes Ross Absent Mollo Yes i Bo le Yes .Porter Yes Swarner Yes Smalley_ _ Yes I. MO TIOly PASSED UNANI-1~t0155LY. E-8. Resolution No. 2008-42 -- Pertaining to the Investment Allocations of the Airport Permanent Fund and Establishing Appropriate Benchmarks to Measure Performance. MOTION: Council Member Eldridge MOVED far approval of Resolution No. 2008-42 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Absent ' El~drid~ Yes ~ Ross ~ Absent Molloy ~ Yes I BI ovle I Yes Porter ~ Yes Swarner i Yes 113 I~ENAi CITY COUNCIL MEETING JULY l5, 2008 PAGE 9 i Smalley Yes I MOTION PASSED UNANIMOUSLY. E-9. Resolution No. 2008-43 -- Awarding a Professional Services Contract to Alaska Permanent Capital Management, Inc. to Manage the Airport Permanent Fund Investments. MOTION: Council Member Molloy MOVED to approve Resolution No. 2008-43 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: MOTION PASSED UNANIMOUSLY. E_'? 0. Res~Iutiun P:o. 2005-"-~ -- .zpprovmg a Contract tc Southcentral Construction, Inc, for the Project Entitled Marathon Road Improvements - 2008 for the Total Amount ofw1,016,265.90. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2008-44. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of dopy 2, 2008 --Approved by consent agenda. 114 *Student Representative Johnson: Absent KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 10 ITEM Cs: UNFINISHED BUSINESS -- None. BREAD TAIIEN: 8:05 P.M. BACK T6 ORDER: 8:16 p.M. ITEM H: NEW BUSINESS II-l. Bids to be RatiFied MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. ,Approval of purchase Orders Exceedastg $15,000 MOTION: Council Member Swarner MOVED of approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Koch noted the Boys & Girls Club was needing to supplement general information required by their contract with the city. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. Introduced with the approval of the consent agenda. H-4. Ordinance No. 2333-2005 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses. Introduced with the approval of the consent agenda. 115 KENAI CITY COUNCIL MEEfiING JULY 16, 2008 PAGE l I I$-5. Ordixiance No. 233~R-2048 -- Enacting a New Chapter in the Kenai Municipal. Code (KMC 24.30) Titled Kenai. Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Development of an Addition to the Existing Cemetery, Its Integration Tnto the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years. Introduced with the approval. of the consent agenda. ITEM I: COMMISSION/COMMITTEE REPORTS %-I. Canncil an Aging -- Council Member Eldridge reported the neat meeting would be held on August 14, 2008. I-2. Asrport Cammissson -- Council Member Molloy reviewed the July 1.6, 2008 meeting summary included in the packet and noted the Commission would be reviewing a draft ordinance related to minimum standards at its August meeting. I-3. Flarbor Commission -- Council Member Boyle reviewed the July 7, 2008 meeting summary included in the packet, including a discussion held related to placement of a boat pull-out in the area of Cunningham Park. I-4. Library Comrnissioxi -- Council Member Smalley referred to the letter included in the packet from the Rasmuson Foundation notifying the City of the grant award of ~ 1.5 million for the library expansion project. I-~, war-~sa £6 I2ecreatian €';nv_gprrgi~ci~sn -- l QLn2Cli Iv`iember Eldridge renns-tarf there was no quorum available to hold the July 3 meeting and a special meeting had been scheduled for July 24, 2008. I-5. Pla.nnsng & Zoning Commission -- Council Member MoAoy reviewed the minutes of the July 9, 200$ meeting which were included in the packet. I-7. Miscellaneous Commissions and Committees I-9a. Beautsfication Committee -- Mayor Porter reviewed the meeting summary of the July 8, 2008 meeting which were included in the packet. I-?b. Alaska Municipal League Report -- Council Member Smalley reported he received a copy of the Draft AML Policy Statement for council review. I-7c. Mini-Grant Steering Committee -- No meeting. ITEM 1: REPORT OF THE MAYOR -- Mayor Porter reported the following • She presented plants to Alyeska Services and Dan's TV for their years of business in the city. 116 KENAI CITY COUNCIL MEETING JULY 15, 2408 PAGE 12 • She attended the open house far Beacon Services and provided them flowers of congratulations. • She suggested variance signs be larger and a brighter color. • ,She passed on a compliment she received related to the Parks & Recreation. Department's efforts to keep the city clean axid looking good. • She reported Home Depot donated trees and shrubs to place at the medium in front of their property. • She received two requests for garbage receptacles to be placed along sidewalks in the city. YTEM K: K-1. City Manager -- City Manager Koch reported the following items: • Referred to the award letter from the Rasmuson Foundation included in the packet. • He planned to bring forward a resolution in appreciation of the Rasmuson Foundation on the next agenda. • He would be developing a request for proposal for design services for the library expansion project prior to his leaving on vacation. • He would be meeting with the Governor to discuss the bluff erosion project. • He received a call from Council VIernber Eldridge related to his concerns with the layout of the upgrade of Kalifornsky Beach Road into VIP Subdivision, etc. and planned to discuss them with the project manager. • With the appointment of Chuck Kopp as the Commissioner of Public Safety, he had appointed Gus Sandahl as th,e Acting Police Chief. • The dip net Fishery had been very active. • Received a disappointing report on two exploratory wells that were high in arsenic levels. He added, there would be no further wells drilled and he would provide a report to council with his recommendations of further activities. • City Attorney Graves was successful in upgrading the city's status with regard to the Visitors Center heating system in the class action suit. • A resolution supporting the city's municipal matching grant with the Department of Economic Conservation would be included on the next council meeting agenda for consideration. • Three lots formerly leased by FAA along Main Street Loop had been cleared of hazardous materials and released to the city by FAA. Council comments included: • Lawton Drive paving needing attention -- Administration would be investigating. • Suggested a master plan be developed for the dunes area -- administration would review the issue. • Kenai Classic landing fees -- Reported the fees increased by the number of aircraft, however the number of corporate aircraft had decreased. 117 KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 13 • Requested the float plane report include whether the slips rented were up or down from prior reports/years. K-2. Attorney -- Attorney Graves reported the software he had been considering purchasing to assist with the Permanent Fund Dividend garnishments would not ft the city's process. K-3. Citlr Clerk -- City Clerk Freas reported candidate petition packages would be available from August 1-15, 2008 and she and the Deputy Clerk would be attending a Peninsula Clerk's meeting. at the borough related to elections in the morning. Council Member Swarner thanked Freas for the information forwarded. related to absentee voting.. ITEM L: DISCUSSIOPI L-i. Citrons (save maxautes) Bob .Peters, Old Town, Kenai -- Noted the folloc~ring: • Thanked council and city attorney for the trespass ordinance. • Thanked the city clerk for always being available and serving the public well. • General thanks to all city departments and appreciated the °can do" attitude of the city employees. • The Meek's Crossing bridge was needing some repair. L-2. Council Bogle -- No comments. Molloq -- • Congratulated Kopp on his appointment. • Congratulated Library Director Joiner and City Manager Koch on the award of the Rasmuson Grant for the library expansion. • Stated concerns in not having a discussion of the Fire Wise Program and contract with Chugachmuit on the agenda; noted he would be bringing forward a proposed ordinance to amend the code io clarify and include more specifics for the process of the development, distribution, and publication of the agenda for council meetings, as well as addressing the right of individual council members as legislators to have items placed on the agenda. Eldridge -- • Thanked Koch for investigating the Kalifornsky Beach Road project and concerns. • Reported the next meeting of the Economic Development District Board of Directors would be held on July 24, 2008 and would be discussing the search for a new director. ll8 KENAI CITY COUNCIL MEETING JULY 16, 200$ PAGE 14 • Noted an error ih the Harhor Commission meeting summary -- deleting his name as being present and insert Council. Member Boyle. Smalley -- ® Congratulated Kapp on his new appointment. • Congratulated Sandahl for his appointment as Acting Police Chief. • Thanked Parks Sv Recreation Director Frates for his assistance in cleaning the Bernie Huss Trail. Stated he was glad to see the progress of the Lowe's project. Swarner -- Congratulated Porter for her awards. • Congratulated to the people who worked on the Rasmuson grant applications. • Congratulated Kopp and Sandahl on their appointments. • Was happy to know the city would be using a credit card. machine far collecting dip net fishery fees. • Thanked Frates for his crews' efforts. ITEM M: PENDING LEGISLATION (This item Lists Legislation which wits be addressed at a later dafe as noted.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Twa Percent (2%} far Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 20D8 to August 6, 2008.) EXECTJTIVE SESSION -- Financial Matters (added at beginning of meeting) MvTI0i3: Council Member Swarner MOVED to convene in an executive session of he Council of the City of Kenai concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Council Member Eldridge SECONDED the motion. VOTE: MOTION PASSED UNANINiO[JSLY. EXECiTT1VE SESSION SEDAN: =3:11 P.M. BACK TO OIeDER: =3:30 P.M. 119 KENAI CITY' COLTNCiL MEETING Jt3LY 16, 200$ PAGE 15 Council Member Swarner reported, during the executive session, council directed City Mazsager Koch to proceed with negotiations that would clearly have an adverse effect upon the City of Kenai. ITEM N: ilDJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:35 p.m. Minutes submitted by: Carol L. Freas, City Clerk "The studenf m.ay cast advisory votes on alt matters except those subject to executive session discussion. Advisory votes shall be cast prior fo the afjiciaf council vote and shalt not affect the outcome of a vote. Advisory votes shalt be recorded in the minutes. Student representatives may not move or second items during a cauncit meeting. 120 Z ~ ~ O ~. o tti ~ ri o 4 Mw ~ N U ~ U Z 5 ~ z ~ z ~ ~ ~ S O O 4 a s w ~ ~ 0 0 m O © a } j G~~3 u_ r d _ U ~ ~ IpU -~ O ~ 2' u~i cv Z tD R O U Z a h ~ F u ~ ~ w ~n ~ ~ t tl > ~ ~~ c a ~ o `~ d o .. o~ ~a a ~ ~ ~ ow z va ~ ¢ ~ ~ ° u, ~ a ~ er U ~ ~ p . > ~ ~ Q U w 2 »~ ua 0 tq~- g 121 O I ~ I ~ i ~ ~ ~ ~ ~' ~ ~ ~ I o w ~ a~ O • N t P N i Q I i LL 1 I ~ 2 ~W Y J ~~ r UO 0 0 0 0 O O o 0 N r O CO W N O t0 N N ~ N O N O o M O O O 4 ~ V O 7 ~ ~ N ~- r a ®: a a: w w w z U w xc z U ~w «s z U w oa w U w ~ vwi O 0. a ~ z FaQ= W O ~ o ~ J W W () 5 a U U may. ¢ ~ Q, w Y a ~ w ,~ ° U a d a a . ~ ¢ ~ w x Q U ~- ~ w N v ~ ~ ~ ~ ~ N _ ~ v w ° m ~ tMi' ~ O N ~ a w ~ ~ 2 ~ ~ Z ~ W ~ ~ ¢ v yY~ 0. O C7 F~ LiJ ~ U ~ w us ~' O ~ iwi ~ O ~ D7 ~ U p > Q ~ d Z w O O d ~ w w w J .i J ~ Y Y ~ X T J Q U O w ~ ~ ~' ~ 6 a d U ~ E I~ IF ~. w a~'. Z O _d U W D ~~ a Z w IJ d 2 B r '3 U W LLI 2 U °o N o ~ a o t ~,'.. 0 r ~ ~ ~ Q fl ld! ~ ~ ~ O ~ '; ta ~ d '~ = a ~ a n. a O o O O 4 M (A ~ ~ ~ tt~ M 07 N 6 ~ t0 ~} N N N O'VT N r N a n; n: o: ut i~it as w os w xt w «s w w J a = ~ w w w w w ~ ~ O ti Z W W U g a U a v ° Y a a o- UW ~ v o LL' a ¢ } ~ a > r Y U F Q '~, ~ U e°n N u;. N U ~ ~ ~ K ~ u, N U y W m ~ u'. ~ ~ u. t~v a W W ~ ~' z ~ ~ U z W ~ (!1 -3 U Y p U' ~ W#- LiJ ~ U uQi W N O m u~. ,~ 'S O O W J ~ r ~ w ~ ~ ~ O O p O a ~ ~ ° u , ~ o o z w ~ ~ w ~ ~ " X 122 ~` Q R h w e: C',s u~a 0 w } Suggested by: Administration CITY OF KENAI ORDINANCE Nom. 2335-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA. INCREASING ESTIMATED REV"ENUES AND APPROPRIATIONS BY x2,000 IN THE GENERAL FUND FOR POLICE TRAINING. WHEREAS, the City of Kenai has received $2,000 from the AIaska Police Standards Council far police training; and, WHEREAS, these funds will allow for additional officers to receive police related training throughout FY2069; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its police officers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Police -State Grants $2,000 Increase Appropriations: Police -Transportation & Training $2,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20~n day of August, 200&. PAT PORTER, MAYOR ATTEST; Carol L. Freas, City Clerk Approved by Finance: t~ (07/25/2008) hl Introduced: August 6, 2008 Adopted: August 20, 2008 Effective: August 20, 2008 123 Suggested by: Administration CITY QF KENAI ORDINANCE NQ. 2336-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 IN THE AIRPORT FUND AND BY $200,000 IN THE RUNWAY IMPROVEMENT CAPITAL PROJECT FUND FOR CAPITAL IMPROVEMENTS. WHEREAS, the FAA has approved funding for additional work to be included in the Runway Improvement Project; and, WHEREAS, the estimated cost of the additional work is $200,000; and, WHEREAS, the FAA will fund 95%, the State of-Alaska will fund 2.5% and the Airport Fund will provide 2.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA brat estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Transfer to Capital Project Fund Runway Improvement Capital Praiect Fund Increase Estimated Revenues: Federal Grant State Grant Transfer from Airport Fund Increase Appropriations: Engineering Construction $5,000 $5,000 $190,000 $5,000 5 000 X20.0 00 $40,000 $160,000 200 000 124 Ordinance 2336-2008 Page. 2 PASSED SY THE COUNCIL OF THE CITY OF KENAI, ALASIfA, this 20~'~ day of August, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: `1 ~. (07/25J2008) h1 Introduced: August 6, 2008 Adopted: August 20, 2008 Effective: August 20, 2008 125 305 N. WILL®Nl ST. S[7[f*E~ KENAI, ~6~1 E~7-~i•7354 FkX ~7 x'33737 y Rick R, Koch- City Manager Mary Bondurant -Airport Manager July 31, 2048 f~r~~scs~ea~ APt~ Pr®je~t List The FAA has requested the Kenai Muniapai Airport submit an updated Airport Improvement Project list. This fist consists of planned projects eligible for Federal AIP funding from FY2009 through FY2011. These projects must be in the Airport Master Pian, Supplemerrtai Planning Assessment, and on the FAA approved Airport Layout Plan. After consuKatian with the FAA and Wince-Carthe{I-Bryson the attad~ed fist is being submi~ed to the FAA. The projects planned farthe next year are fairly solid in cost and nature. Attachment www.ci.kenai.ak.us. 126 swN.wne.i.e~sr.sdoreEZOm l~wa ~-r~~ FkK ~1'/~2$33?37 Proposoel AIP Program 2009 - 201 ~ I ~ P t Y EntiUement 17escretionary City/State -Airport Total Fnnds i rojec ear ~ Fnnds Funds S% i _ Fund _~ 2009 ~ ApronExpansion& $i4Q,000.00 ~ ~ $10,000,00 { ~ $200,000.00 ~ Rehabilitation Design ~ .~ ~ 2009 Truck Plow Attachment i $1,007,000.00 $53,000.00 $1,060,000.00 R ARFF Truck 2009 Float Plmie Basin Lease 8142,500.00 i $7,500.00 ~ $1 SD,000.00 Area Davolopment E.A. G ~ _ Phase I Apron ~ ~ Rehab/Reconstruct 50% I 2008 i $897,500.00 $1,43Q,000.00 $122,500.00 ~~ $2,450,000.00 Existing Apron Widen North 500' r Phase I Float Plana Basin 2010 $190,000.00 $10,000.00 ~ $200,000.00 I Resign Phase II Apron Complete 2010 ~ RehablReconstmotion $41Q000.00 $2,415,000.00 $175,000.04 ~ $3,SOQ,000.00 Existin Aron _ Phase I Float Plane Basin I k W ater bide Lease Lots, I f Rl:~i iR-19L .~.e1CCa.i••^. 2011 w/Taxiways,Access, ~ $1,100,000.00 ~ ~ $1,700,000.00 $200,000.00 $1,000,000.00 I $4,000,000.00 Fencing, Electric, ~ ~ ~ ~ Telephone, & Gas . i Utiliries Combo SRE ! t 2011 l Plow/Sander $821,750.00 $43,250.00 ~ $865,000.00 ~ ~BlowerBroom Truck TO"I AL !_ $3,430,000.00 $7,373,750.00 $621,250.00 $1,000,000.00 ~ $12,425,000.00 www.ci.kenai.ak.us 127 ii/iearaicipal dhirport Page I of 1 Mary Bondurant Frain: brad.garland@faa.gov Sent: Thursday, March 27, 2008 1:08 PM To: Mary Bondurant Subject: Re: Runway Project FAA concurs with and approves of change order 10 ... the work items are AIP-eligible. As tong as the work items are related to the runway project (either directly or incidentally} you can fund them through your existing grants. You can amend your existing grants upwards of up to 15% for these type of items. It is up to you/Casey/City Finance to determine how much grant funds are available with the 15% amendment. Hope this helps. Brad A. Garland, AAL-610 FAA Airports Division Alaska Region (907} 271-5460 "Mary aondurant" <mpondurant@ci.kanai.ak.us> To Brad Gauand/AALIPAA@FAA cc 03/2~/200a 11:43 AM Subject Runway Project Brad - In our discussion yesterday I neglecfed to mention that in Casey's memo (that I left for you}, he addressed a Change order 10 far lighting, grading, wind cones, etc. Each is listed in priority with project estimate. Are there funds available in the runway safety improvement project for this change order 1t) or any part of it? There +,vouid b2 a Ict at work in getting prices and did not want to go through that if grant funds are not available? Thank you and please call if you have any questions. Mcwy L. 3ovtdura~nt Airport Manager Kenai Airport 305 N. Willow, Suite 200 Kenai, AK 99611 (907}2$3-7951 (907)283-3737 I am using the free version of SPAMfighter for private users. It has removed 23621 spam emails to date. Paying users do not have this message in their emails. Try SPAMfighter For free now! 7/30/2008 1 ~ g Suggested by: Councilor Boyle, Harbor and Parks 8v Recreation Commissions CITY ®F %~ERt~I ORDI1fTANCE ~T®. 2337-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $500,000 IN A DRIFT BOAT PULL OUT CAPITAL PROJECT FUND AND DECREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $500,000 IN THE STREET AND SEWER CAPITAL PROJECT FUND FOR PUBLIC IMPROVEMENTS. WHEREAS, THE City of Kenai was awarded a grant from the State of Alaska for X1,000,000 for public improvements; and, WHEREAS, Ordinance 2321-2008 appropriated $250,000 of the grant to the Library Expansion Capital Project Fund and $750,000 to the Street and Sewer Capital Project Fund; and, WHEREAS, the Drift Boat Haul Out Project is grant eligible; and, WHEREAS, it is in the best interest of the City of Kenai to use $500,000 of this grant as funding for the Drift Baat Haul Out Project; and, WHEREAS, the City's Capital Improvement Plan has identified a drift boat haul out that needs to be funded; and, vvHEREAS, it is in the best interest of the City of Kenai is appropriate x;500,000 in c'ne Drift Boat Haul Out Project Fund from the Street and Sewer Capital Project Fund; and, WHEREAS, the Harbor Commission unanimously supported City funding for a drift boat. pull out; and, WHEREAS, the Parks and Recreation Commission unanimously supported City funding for a drift boat pull out. NOW, THEREFORE, BE IT ORDAINED BX THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Drift Boat Haul Out F and Increase Estimated Revenues; State Grants SS00,000 Increase Appropriations: Construction $500,000 129 Ordinance No.2337-2008 Page 2 of 2 Street and Sewer Capital Project Fund Decrease Estimated Revenues: State Grants $500,000 Decrease, Appropriations: Construction $500,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, tktis twentieth day of August, 2008. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: August 6, 2008 Adopted: August 20, 2008 Effective: August 20, 2008 . , ,.. `9 0 t~,pprovea ray ruiaroe: ~• e . ~30 PLANNING DEPARTMENT 144 North Binklay Street ~ Soidotna, Alaska 99669-7520 PHpNE: (907) 774-2200 o FAX' (9(37) 774-2378 To!!-tree within the Borough: 7-800-478-4447, Exf. 2200 www. borouoh. kenai.a k. us J4NN .t. VdIL6_IAMS B®f2ptiG&6 NIAl'pR July 22, 200& ~€£EYV~~ JUL 2 9 2Q08 Kenai Cfty Ccunnii 210 Fidatgo Avenue Kenai, AK 99611-7794 RE: Vacate Klamath Avenue, a 60-foot right-of-way along the south boundary of Lot 1 Block i, dedicated by Buffalo Run Subdivision Phase 1{Plat KN 98.6), and any associated utility easements, within Section 35, Township 6 North, Range 11 West, Seward Meridian, Alaska; the City of Kenai and within the Kenai Peninsula Borough; KP8 Fle 2008-157 Dear Kenal City Council Members: In accordance with AS 29.40.14D, no vacation of a city light-af-way endtor easement may be made without the consent of the city council Based on the following findings of fact, the Planning Commission approved the referenced vacation during their regularly scheduled meeting of Jufy 21, 200&~ Findings: 1. Sufricient rights-of-way exist to serve surrounding properties. 2. No surrounding properties wilt be donied access. 3. Per the submittal, the right-of-way proposed for vacation is not in use for access. 4. Per the submittal, the right-of-way proposed for vacation has not been consfructed. 5. The ngM-ofway does not appear to be in use far utilities. 6. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 7. To date, one utility company has provided a statement of'no comment.' 8. The Prat Comm"tee :.onditicna:ty approved the preliminary prat that wi!! a^,:omr ish f;;e proposed vacation on May 27, 20(18. 9. The 8-acre parcel to which Klamath Avenue provided access is being combined with a 69-acre parcel 10. The repiatted pamei fronts a paved right-of-way. 11. No objections have been received. 12. Kenai PEanning and Zoning Commission canditionatly approved the preliminary plat showing the proposed vacation on April 23, 2008. 13. No statements of objectiott have been received. This patttion is being sent to you for your consideration and action. The City Courinit has 30 days from Jufy 21, 2008 in which to veto the decisinn of the Planning Commission. If nc 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 arid other reiatetl materials are attached. Sincerely, , %~i `! I. Yt /~ ...vV MaxJ.. Besf`.1' Planning Director MJB:pdh Attachments 131 ~~~~~ ~~r~~nrs~rr~~ PLAPdN(NG DEPARTMENT 144 North 6inktay Street a Soidotna, Alaska 99669-7520 PHDFIE: (907} 774-2200 ~ PRX (907) 714-2378 Toll-free within the Borough: 9-800-478.4441, Ea4. 2200 www.borouoh.kenai.a k. us JOHN J. WILLJAMS BOROUG4iMAYOR ,fuly 22, 2008 4LENAI PENINSULA ~€)~C'~EbGFI I~l.ANidIN6; C(~MMIS51C3N NQTICE CDF ®ECISIC}N MEETING (7F JUDY 21, 20D8 RE: Vacate Klamath Avenue, a 60-foot right-of-way along the south boundary of Lot 1 Block 9, dedicated by Buffalo Run Subdivision Phase 1(Piat KN 98-6), and any associated utility easements, virithin Section 35, Township 6 North, Range 11 West, Seward Meridian, Alaska; the City of Kenai and within the Kenai Peninsula Boreugh; KPB File 2008.157 The Kenai Peninsula Borough Planning Commission approved the proposed vacation with the following findings during their regularly scheduled meeting of Juiy 21, 2008. Findings: 1. Sufficient rights-af-way exist to serve surrounding properties. 2. Na surrounding properties will be denied access. 3. Per the submittal, the right-a4-way proposed for vacation is not in use for access. 4. Per the submittal, the right-of-way proposed for vacation has nat been constructed. 5. The right-of-way does net appear to be in use for ufiiifies. v, nil aiaS3uivi5iGi~ pieta finailsing JaCaflvi,S arc a°~nf tC' u;.'iity ;,cn'par$@~ for r Vi.`.'t: ur,~ easement requirements. 7. 7c date, one utility company has provided a statement of 'no comment.' 8. The Plat Committee conditionally approved the preliminary plat that wilt accomplish the proposed vacation on May 27, 2008. 9. The 8-acre parcel to which Klamath Avenue provided access is being combined with a 69-acre parcel. 10. The replotted paroef fronts a paved right-of-way. 11. No objections have been received. 12. Kenai Planning and Zoning Commission conditionally approved the preliminary plat showing the proposed vacation on April 23, 2008. 13. No statements of objection have been received. In accordarice with AS 25.40.140, no vacation of a city right-of-way and/ar easement may be made without the consent of the city council. The proposed vacaticn has been forwarded tc the Kenai City Council. The City Gouncil has 30 days from July 21, 2008 in which to ve?o the decision of the Planning Commission. If nc veto Is received from fhe Gouncil within the 30-day period, the decision of the Commission will stand. 132 Please contact the Kenai City Office to verify the date the subject vacation will be reviewed by the Gouncil. This notice and unapproved minutes of the subject porkion of the meeting were sent Juiy 22, 2008 tc~ Bill & Brenda Zubeak 79x3 Kenai Spur Highway Kenai, AK 99611 Kenai City Gouncil 210 Fidalgo Avenue Kenai, AK 99611-7794 Cliff Baker Integrity Surveys 8195 Kenai Spur Highway Kenai, AK 89611 City of Kenai 210 FidaEgo Street Kenai, AK 99&11 133 17. No portion of the proposed vacation access Cook Inlet. 18. The repiat thaE will finalize the vacation, if approved, wi!I require an extension of Kilarney Avenue under the Borough des(gn code (20.2p) or approval of an exception to the requirement for the extension, VOTE; The motion passed by unanimous consent ABSENT YES ~ ABSENT ~ YES ~ YE9 ~ VES i A3SEN7 YES i YES I YE3 {''YES i ABSENT AGENCA fTEM F. PUBLIC HEARIIv`GS 2. Vacate Klamath Avenue, a 60-foot right-of-way along the south boundary of Let 1 Black 1, dedicated by Buffato Run Subdivision Phase 1{Plat KN 98-6;, and any associated utility easements, within Section 35, Township 6 Norkh, Range 11 West, Seward Meridian, Alaska; the City of Kenai and within the Kenai Peninsula Borough:. KPB File 2008-157 Staff Report reviewed by Max Best PC Meeting: 7!21!08 Purpose as stated in petition: No longer applies to Buffalo Run. Combining properties and future development may provide a better alternative. Petitioners: Bill E and Brenda M. Zubeck of Kenai, Alaska. Notification: Public notice appeared In the July 3 and July 10, 2008 issues of the Penknsula Clarion. Eight (8} certified mailings were sent to owners of property within 300 feet of tha parcels; seven (7) receipts have been returned. Fourteen. (14}regular mailings were sent to agencies and Interested parties, Six (6} notices were sentto KPB Departments. Notices were mailed to the Kenai Community Library and Kenai Post Office to be posted In pubSic bcatsons. Tne notice and maps were posted an the Borough web site and bulletin board Comments Homer Electric Association submitted a statement of'ro comment.' Staff discussion FintSings: 1. Sufficient rights-of-way exist to serve surrounding properties. 2. No surrounding properties wil( be denied access. 3. Per the submittal, the right-of-way proposed for vacation is not in use for access. 4. Per the submittal, the right-of-way proposed ror vacation has not been constructed. 5. The right-of-way does not appear to ba In use far utilities. 6. Ati subdivision plats finallzirg vacations are sent to utility companies for review and easement requirements. 7. To date, one utility company has provided a statement pf'np comment.' 8. The Plat Committee conditionally approved the preliminary plat that wilt accomplish the proposed vacation on May 27, 2608. 9. The 8-acre parcel to which Klamath Avenue prpvideC access is being combined with a 69-acre parcel. 1 D. The replotted parcel fronts a paved right-of-way. T 1. No objections have been received. 12. Kenai Punning and Zoning Commission condi±ionally approved the preliminary plat showing the proposed vacation on April 23, 2D08. KENAI PEN!NSUTA BOROUGH PLANNING COMMISSION JULY 21, 2008 MEETING MINUTES PAGE ;2 134 ', 3. IVo statements of objection have been received. STAFF RECOMMENDATION, Based on the above findings, staff recommends approval of the vacation as petitioned, subject to: Submittal of a final plat within one year of vacation approval. If the vacation is approved, the Kenai City Council has thirty days in which Yhey may veto Planning Commission approval off the vacation. DENIAL OF A VACATION PET6TION 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 T6 SUPERIOR COURT AT KENA3, ALASKA PURSUANT TO PART VI OF TW.E ALASKA RULES OF APPELLATE PROCEDURES. [20.28,11D AS AMENDED BY KENAi PENINSULA BOROUGH ORDINANCE 99.43], END OF STAFF REPORT Vice Chairman Martin opened the meeting for public comment. Seeing and hearing no one else wishing to speak, Vice Chairman Martin closed the public comment period and opened discussion among the Commission, MOTION: CommissionerCarlucoiomoved,secondedbyCommissicnerMurphytoadoptthel3findngsand approve the vacation as petitioned. Findings: ?. Sufficient rights-of-way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right-of-way proposed for vacation is oat in use for access. 4- Per the submittal, the right-of-way proposed for vaoation has not been constructed. 5. The ri.aht-of-way does not appear to be in use for utilities E. Ail subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 7. To date, one utility company has provided a statement of'no comment.' 8. The Plat Committee conditionally approved the preliminary plat that will accomplish the proposed vacation on Mav 2?. 2008. 9 The 8-acre parcel to which Klamath Avenue provided access is being combined with ao^9-acre parcel. 10. The replotted parcel fronts a paved right-of-way. 11. No objections have been received. ?2. Kenai Planning and Zoning Commission conditionally approved the preliminary plat showing the proposed vacation on April 23, 2008. 13. No statements of objection have been received. VOTE: The motion passed by unanimous consent. 3. Vacate the 20-foot Aliey right-of-way adjacent to Lots 2, 2-A and 6, Block 9 dedicated by Frank Raby Subdivision (SL E5-30); within Section 32, Township 8 Soufh, Range 14 West; Seward Meridian, Alaska; City of Seidovia and the Kenai Peninsula Borough, Alaska; KPB File 2008-671 Staff Report reviewed by Max Best PC Meeting: ?/21(08 Purpose as stated in petition: The petitioner is returning the referenced properties into a single iot. The alley KENAf PENINSULA BOROUGH PLANNINGCOMMISSION JULI' 21, 2008 MEETING MINUTES PAGE i7 135 AGENDA ITEM F. PUBLIC HEARINGS AGENDA ITEM F. PUBLIC HEARINGS - 2. Vacate Klamath Avenue, a 6D-foot right-of-way along the south boundary of Lot ? Block 1, dedicated by Buffalo Run Subdivision Phase 1(Pfat KN 98-6), and any associated utilityeasements, vrithin Section 35: Township 8 North, Range 1? West, Seward Meridian, Alaska; the City of Kenai and within Use Kenai Penirisuta Borough; KPB File 2D08-167 STAFF REPORT PC Meefing: 7l21JD8 Purpose as stated inoetfion: NofongerappliestoBuffafoRun. Combiningpropar6esandfuturedevelopmant may provide a better aitemaUve. Petitioners: BiII E. and Brenda M~. Zubeck of Kenai, Alaska. Notification: Public notice appeared in the July 3 end Jury ? D, 21708 issues of the Peninsula Ciacion. Eight (8) certified mailings were sent to owners of property within 3D0 feet of the parcels; seven (7) receipts have been retumad. Fourteen (?4) regutar mailings were sent to agencies and interested parties. Six (6) noticesweresent to KPB Departments. Notices were mailed to the Kenai Community Library and Kenai Post pfice to be posted in public locations. The notice and maps ware pasted on the Borough web site and bulletin board. Comments Hamer Electric Associafron submitted a statement of `no comment.' Staff discussion Findings; 1. Sufficient rights-of-way e>ost#o serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submstta(, the right-af-way proposod for vacation is not in use far access. 4. Per the submit#aI, the right-of-way proposed far vacation has not treen constructed. 5. The right-of-way does not appear tc be in use for utilities. 6. All subdivision plats fina8zing vacations are sent to utility companies for review and easement requirements. 7, To date, one utility company has provided a statement of'no comment.' 8. The Piat Committee conditionally approved the preliminary plat that will accomplish the proposed vacation an May 27, 2DO8. 9. The H-acre parcel to which Klamath Avonua provided access is being combined wNr a 69-acre parcel. 10. The reptatted parcel fronts a paved right-of-way, 11, No objections have been received. ?2. Kenai Planning and Zoning Commission condffionally approved the preliminary plat showing the proposed vacatiott on April 23, 2D08. 13. No statements of objection have been received. STAFF RECOMMENDATION: Based an the above findings, staff recommends approval of the vacation as pe56oned,subjectta: Submittal of a final plat within one year of vacaSdn approval. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. &~ 136 DENIAL OF A VACAT9ON PETITIdN ES A FPNAL ACT FdR WHICH Nd FURTHER CONSIDERAT1dN SHALL EBE GIVEN 6Y THE KENA! PENYNSULA BOROUGH. APPEALS TO pLANNBNG COMMISSION DEN4AL OF A VACATdON MUST BE TAKEN WITHlN THBRTtl (B6} D,4YS TO SUPERIOR COURT AT KENAt, ALASKA PURSUANT TO PART Vf dF THE ALASKA RULES C?F APPELLATE PROCEDURES. (26.28.'&10 AS AMENDED B~' KENAE PENIPSSULR BORdUGH ORDINANCE 99-k.3j. EhID OF STAFF REPORT 137 -~==r" ,. ~. ,.,~ ~` I i ° , ~t ~ ~ i ~ < ~ E ~ ~ ( w r ~~e ~i a ~ I , ? i i ~ \ i~ ~ ~ ~ ~ ~ a{~~Y ax i~j~ ~p~ 3 1 i \ ; YR $~ ~II~~1 E: 8 ~ iafpp , q t x / 50. ~ \ ~ ~ ~ i r E e '~ .6gti ~e ~ ~ ~ / e i ~ Y s t`. , 1 ~ 4i 6 "y agp ~Q~~ ~j< C 1 / ~ ``°~~`~ \ 0 ~~ d i; ~g{[ 4 ~'` ` --^,. : r p !a ~~ ~~~~ R ~~ ~. i x § ~eE c ^ ........ ~ ~I r ~ i ~ a < ~ ~ k F } I1 ~ ~ ~ a 6 ~ ~ A ~ .a .J k ~ ~ ~ ~ B ~ f ~ lair ~s ^ ~ '.I a ~ ~ '- 'ss 8 p~ ~ ~ ~ ~'~ a e W. 1 ~ a k # ~~ ?~ 4 x n ~ ~ t I \ ~ aW -~ ~ ~s~xR ~ 'e ~ @ W ~ ' ~ . - I I ` ~ ~ ` _ yLr~- Jffi.e i~i ~~ ~ i `:`..~ ~ Ie e 1 ~ ` ~ ~ f F c i I ~ ` a ~~; Ind V ~~. n ~ ~~x i ~ c , _ Y , r ~~ +a I ~ ~~ ~F~gsi _..g e ~~"y~ YM e ~ & /~ tl~adt 4 a gpp{;~ ~d % 0 5 6 p ~ 5§j $ ~ wR5 vA9 a2n lwt l W rscw in yao ~ __ _ ._ _.... _._ _ __.._ ~ -t . M A ~S ~'iwQ( ~i~°^~ FF 5[ a!~a~~ e e~~ s.wx 1 en . ~ 4mw. '^~..,tlm.R o`uavma+e"+~Tr~tG. i , k° 138 a~ r ~ ~ ~e e ~j~ y~ ~~~~ 4S. 7 r~" r~ E gg e oy < r ~„* *z ~~ c ±' ~ ~ G ~i' nJ £Y~St ~ ~ # 'F * t ~ 4 l~ ~~~I ~x8' ~~E .~ I ~~] ~ '~ ~a~ ~;~~s~ ~C, n, at . i& ~,~ xS. en y~y a' i 'va ~`:~ ~ of &id .:. ~ sY rtle y€b c ~ r r ~ 0 1 a1 `fii ~? F '_ F 4i£RIX fig^~. ~c ~ ,e ~v etsde' ra: bf S ~ 9~; ° g ~ ~ fi ~T 5~ .r _: 4 o* .; ,, s."~I ~i .rn __.. __.-.-__ _. __.n ~ry -~ ___ 83 '\ ~ tf: I 835 a. n ti tS f ufig tie 'i .~~ ~ ~ x {~< Si ~'tl ~¢i3i ~~.3 la'i dE !ds Y~y'yf ~i~i~ nU I ~, i ela a ~ I a° ~~. ~4~q I Y a_ ~e t li t ~r FlY } 7 I Y [ i+ R ~= r: ~S J { ~-~ ~ i S p a S f66~ ' pp P Fri t4 Y ~ 6 ~~ E I \~ ~( =~ ~~ a 6 R F d.' 4~1; ~a~, 318 VE C'~n ~ 1~~~~ A.sm~L ~' ~£~.. S I \\ ~ Y I :f4 a .i s+.~'e c j `'~.._ ; { all pt y ~ .ur .yv~r-~-~ .~i .,.., _ v~ ~ di 4 ~~G _-~ y r i i _~ a .. ~ Ih) Y4, I,,. S /i ~ rt , ~ 1 ~ i S' ~~ F~Sfj ' p }~f ~ ~ ~'YYA9 aacro~ Yw19 Fr1+W~0 vY ni u ~ 3TdaY eL 4 k ~ u'glkk 'seau, 139 141 8i Apri124.2fl08 ivlary Toll, Platti~,g Officcc Kenai Peninsula 8azauglt Plannaug Department t442d. Binkley Beldame, AK 99664 RF; Pa'4.df&-Z~-S Rmu200&ff8apiaf Deaf R?ary: The Planning ana Zoning ConYmissian reviewmd the above--referenced glat at ihetz meeting on April 23, 20(}8. The Commission a~coxnmendao" appravel of the plat fvith die following ,.. requirements; 1, Cazrcct the spelling of street name of Swires Road. 2. Prior to the final plax being zecordad, a zezone must be pracessed through the City of Vis liE iL`' iUuaG'rc tilt nl.ru~ evsso au a a~ a n. City water is evadable to strut tee subdivision, fin insialfatiatt a~°eeznent is not required. Attached is a signed copy of flee resolutian, staff' comments, and minutes. L` you need additiatuiisnz"ozmation, let me knew. Sincezel , nRarilgzs Kebsahull, AICP Plangisag Adminisfation co; Tntegrfty Surveys, 8195 Kenai Spur Highway, Kenai, ?,K 4461 S 7 143 crl~ ~ I~1v~I PI.Atm'FQING A1VD 2dNIN~ C0143MI56It?R7 RE90LUTIUNNCt, P208-L& ST7BI3I~'IISIdIi PLAT' A RESOLUTIOri' OF T'I3E PLANYv"ING AND Z013TNG COMYEISSION OF THE CITY° dF KEtdAI RBCObtjgtlENDSNG THAT TIC ATTACIi&ffi SUBDIVISION PLAT BB' APPROVHD 5UBIBCT TO THE FdLLdWING CONI3ITIONS: WFiERRAS, ffie arincbed plat FtnSfhato ILnn ~ S Iteniat wes rafexs~ to fist City of Kenai Planning and T.osting Commission nn Arsril l l 2008 and rtoeived frara Tnteairt« 3strvcys, Fnc, V,~IIERF.A S, fha City of Komi PLvsning and Zoning Commission fends: '. Plat area is zonedS',plit ( bs~^ban eci~t +ial its~..l Residential & 6enaal Commeraisn and tiaerefore sabjoct to said zone ceaditions. 2. Perarec and sewer: are available 3. Plat does net subdivide pmporty within a public imptrovement district subject to special assestir„cnG. T1ssr ;s not a detingneuey ama.snt :red to tiu City of Kenai ?or *ke !'e_fe*ei!cad prantrty, 4. installation a~raement or oonstxuc~tion of improvements is nm regtisrad. 5. Sfahss ofsurroundnsg land is shows. 6. Utility easamsn~, if required, shall be shown. 7. Pia: shall verify that na enaroaelunentS exist B, Stxcet names designated na the plat are aarrect. 9. CONTINGENCIES: a Comsat spelling of street name Swires Road. b. Rezone. m~aor t A . ~1dV,', TI~RP,FC)RE, BH I'P RRSOLyE32, l3'Y THE !'LAtv'NIP~G ANA 20NLtdG CL7IvL'\2T9SION OF T?~E CITY CF KfiNAI THAT TF3E ICE'VAT PEhIP,'SULA HdRdUGH PI.ANNTNG COMMLSSION APPROVES ~T7I+'FALCt RIJYW 208 RFPLA.T SUIIJECT TO ANY NEGATIVE xIlv'DTNG5 A6 STATBD ABO'W'. 8~ 144 4-a. P208-1~ - Suffala Rua 2406 Regtat - A regSaz af'I~-act 1 BttfEalo Ruse Subdivfsiosa, Phase $, the ausu,bdivided remaisides of NI/2 SWI /4 6ectioa 35 and. the Vacation of Klemath Avenue. Plat submitted 'oy Irtteg:aty Surveys, B IcSS ICcxaai S~,ur Heghway, Kenei, Aiaska, I~ebsctzull reviewed ttse staff sepazt included in the ~aaakct, eating a rezone would be required to remavc the sgliz zone before the Seal plat could be recorded. Twait read the Hiles far public hearing essd agcned the ~aor far pu4slic 7acariag. There 3~eiag uo comments, fh:: public heariag was closed, ffi~~: Gommissior~er Srpsoss ~ to approve P7A8-IB with. stiff sccomsnczxdadons sad Connmissiaacr Wisniewsid 6~CC31~'D the matins. ~TC3"~'F: aQ 145 ~ES'~T~?3Q P UTTC^+Y Y. ~r~~R~.L zrr~~R1vFATrca1~ Applicant; Tnxegrixy Surveys 283-4047 8195 Kenai Spur Highway T:onai, AID 99611 9Q Requested Action: Pxeliassinat'p 0nbaivisionPlat-Buffalo Run 2008 Rspfat Legal I~cscriptian: A replaf of Tract, 1 Buffalo Ram Subaivixiou - Phass 1, the unsubaivided remaznder of 1Tll2 SZVYl4 SeeYian 35 and tae. ~aD0.tlan 61°litatrtafh AVCIIIIB Street Adorers: 2020 ILl.amath Avenue and 314 Swires Road KP$ Paraei Na,; 04103045 and 04103046 Existissg Zoning Split -Suburban Rosidontial, Rural Residental sad Geaeral Commercial Current Land Usc: vacant Land Use Plan: Neighborhood&esidentisl This plat is a rasubaivision of two lots creating, Tract. IA coasistiag of apptq•.~znately 76.797 sexes and Tract B canLOizsing appraxiuaetely 4.685 sates. Klamath Avenue is an undevciopr~'a right-af v+rey ancd does eat provide access to aay parcels. Htiminating the right-of vaay will not meet any other parcels. The new Tract 1 A will be aaccssad via Swires Road, Tract B is accessed via the Keaei Spur Highway. The parcels are zaated. Suburban Resadenfial, Rural Residential and General Commercial. The new Tract iA will require a rezone to elim.inata a split zone. Tract B incorporates the area cy;rrenfly zoned General Cazrune*eia1. The resulting lots meet the mism:.am loT size for the zones. City wat.r and sewer are available o~ o£ Swires Road. Water is also available within the Public Use Easement that is being retained, No installation agreement 1s required. Plat needs to reflect the correct stz~u~ name of Swires Road. Property owner will be required to rezone Tract ? A. City )rnainecr: The vacation of k'2amatl Avenue will eiminate an apdeveloped righf-of way. 146 PYAB-1& ^wutmcug PggC: Building O~cia!: I~io'vuiTdang cede issues. Reeomanend approval with the fallowing recammendstlons; Y. Correll spelling of strr~t name ®f SWires Road. 2. Friar w fine( plat being recorded, a rezone must be processed thraagh the Citg+ of TCermi to zemove +he sptft zone on Tract IA, A'I'TACH7,l~NTs: z. Resolu~on iGO. FZAB-I B 2 Preliminary Fla? 91 147 KENAI PENIN5ULk BOROUGH PLANNPNG DEPARTMENT^ PETiTioN TO VACATE MAY 2 6 2006 PtJBLfC R(GFfT-0F-YVAY/SECTION LINE EASEMEtvT F ~ ,i .GN PUBLIC HEkRiNC~ RERUiREO a v ' ~"= p-'''`i'7 Upon receipt eF complete application with fees and afi required attachments; a public hearing before the planning commission will be schetluted. Fees - $300 nor refundable fee to help Betray cast; of stlvert~ing puhtic hearing. Any requ"vetl plat fees wi0 ba in adtlition to vacation Faes. Public nght•of-way proposed to be vacates is ICAA mg r ~ (~ d ~' ~ detlicatetl by plat of Subdivision, filed as Phat Ne. _ in Recording Distract ~Lb,L'! R i/ GtS,~G[4drtr' r;tf k`'ru: rr.!-3. () Vacation of assaaatad uiiflty easements. Are easements in use by any uifliiy company:rf so which? [) Easement for public mad orright-of-way as set out » (spechy type of tlw^ument) , as recorded in Book _,,,_ ?age _ pf the Recoming Disirick. (Cppy of recofded dacumen# must be submiltad with petifion) [ j Section Line Easement [ Submit mree espies of the plat or map shwring area proposed ;o vacated. !f rightat-way or easement was granted by dorumenk one copy of recorded document must be subminetl. Has right-0f-way been fully or partially mnatmcled7 ~ [ j Yes [y, No Is right-of-way used by vehiclos/petlestrranslothe(1 [ 1 Yes ~9 No Has section line easement been consWded? O Yes [wr No is section line easement being used'? [ 3 Yes ~ No The petltloner moat provide raesonaDfe )ustiFcanon forthe vacation, Reason forvacaGng _ _ / ..~._ /_.. lrn i „ The paNtion must oesigned (wrinen signature) by owners of majority of the front tee[ of 4nntl fronting pan of right-of-way or section Tine easement proposed to be vacated. Each must include rna"rlice3 address antl legal descnptian of tdsiner property. Submitted By: ~ Signature Name Integrtty Surveys Address B':gS Kenai Spur Highway Kenai, Alaska 283-9047 Pelieaners: > Name Name Address Address / St~Y'i7 ~° LYYA. Owner of Ovmer of Signaure Signature Ne!ne Name Address Address 6wnar of _-_.._-. Owner of - s2 148 JUN 17 2008 KEtVfa~ ~`I°~t ~~.EifK 149 %~ - ~~ - -- ~~ the city of ~~ SENA\~~ S1QW DATE: ~J U V7 f~ f ~Zj r~ D C37S RETURN TO: KENAZ czTY CLERK 21(3 FIDALGO AVENUE KENAI, AK 99fs11 PHONE: 283-7535, EXT. 231 FAX: 283-56b8 NAME: ! rw f K" ~~ C' ~~/~ ~'!. Resident of the City of Kenaf? ~ P-' S Haw Long? Residence Address Mailing Address ~J l s""n E~ Home Telephone No. ~fJ'T- c`~ ~ ~ - ~ ~ Home Fax No. Business Telephone No_ ~~ Business Fax No. Email Address: VIay we include your contack information on our web page? ALL ~ If not a1i, what information may we include? EMPLOYER: 'r~~ f c' t'~ Job Title NAME OF SPOUSE: l a c. rocs, r c_i., c r Current membership in organizations: Past orgaaizational memberships: ~r c~ i'f~r C'c~ `~ t i7 t~ ~i ~~~. ~ ~ f C'f COMMITTEES OR COMMISSIONS YN WHICH YOU ARE INTERESTED: WL•IY DO YOU WANT TO BE INVOLVED WITH PHIS COl~[MISSION OR COMMITTEE? - ; h ` s r ~~ ct ~~_~s'~ ~ t t 7 ~ jJ tJ C' ~ '-~ d 7 l7 c~ C"' ~- ,-n rr, a t~ ~ ~y WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO SRING TO THE SOARD, COM ISSION OR C MIVIIT~T+EE MEMBERSHIP? Y1'"t YYi f ..,~ `~ l;. ~'. trv7 i 9~'~a:~~ '~"''.."~/°~_.. ~ C'.,.C.it'-~ v rs1 ~ ~ ~ ~ ~~-~ Signa urQ e "' 1so MITI' ®F I~A.I "TriClage with apast -- City with a future. " BACKt`z120UND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND 5I~ECIAL KENAI IsARKS & p1~2ECREAIIT~IO®N C®MMISSIC3P7 MEETIlVCr J63LY Lt'Wy /'®~O CITY HALL COTINCIL CHAMBERS ?:00 Pt.M. AS`sENITA ITEM I: CALL TD CfRDER & R®LL CALL ITEM B: AGENDA APPRt3VAL ITEM 3: NETii BLFSINESS a. Discussion -- Multipurpose Dome Facility b. DsscussianjReoommendation -- Ordinance No. 2334-2008/Formation of Cemetery Advisory Committee c. Discussion -- Commission Attendance d. Discussion -- Municipal Park e. Discussion -- Kenai River Marathon £ Discussion -- Interim Dip Net Fishery Report g. .Discussion/Recommendation -- Drift Boat Pullout ITEM 4: ADJ®URNMENT 151 SPECIAL IIENAI PARKS 8s RECREATION COMMISSION MEETING JULY 24, 2048 7:00 P.M. CITY HALL COUNCIL. CIiAMSERS CHAIR DALE BANDAR&, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER Sc ROLL CALL Chair Sandahl called th confirmed as follows: Commissioners present Commissioners absent: Others present: meeting to order at approximately 7:00 p.m. Roll was A. Hull, D. Sandahl, K. McDonald, L. Magiera, 3. Beeson J. Foglia, F. Wortham Parks & Recreation Director B. Frates, Council Member B. Eldridge A C1UOrUm ~~7£tS present: ITEM 2: AGENDA APPR®YAL The agenda was approved as presented. ITEM 3: NEW &USLNESS 8-a. Dascussioxe -- Multipurpose Dome Facility Sandahl updated the Commission on the efforts of the Sports Dome Task Force, noting support from the Soldotna City Council and referring to a draft resolution of support included. in the packet. Commissioner comments included: • Concern regarding long-term operational costs. Differences between the Peninsula and Anchorage. • User groups already pay a Lot for what they use. • The Task Force is looking into the establishment of a service area similar to the Hospital Board. MOTION: Commissioner Hull MOVED to send the draft resolution to the City Council. Commissioner Beeson SECONDED the motion. There were no objections. 5O ORDERED. 3-b. Dsscussfon/Recomxmendation -- Ordinance No. 2334-2008/Formation of Cemetery Advisory Committee 152 Sandahl reported the committee would have five people on it, each serving for two years. He has collected names of interest from the Veterans, funeral homes, churches and one individual with experience planning and developing cemeteries. N!t?2`ID%: Commissioner Beeson 1`~L1~7ED to recommend approval of the formation of a Cemetery Advisory Committee. Commissioner McL7anald SEC~DIDED the motion. There were no objections. SD ORDERED. 3-c. Discussion -- Commission Attendance Sandahl noted attendance had been low, members were resigning, and other members need to be solicited. Frates noted the application is available on the website. 3-d. Discussion -- Municipal Park Frates Hated the addition of bear proof receptacles, extra picnic tables, dog waste station, and current reservations to date. 3-e. Disoussion -- Kenai River Marathon Frates reported a new website was created advertising the September 28, 2008 run and efforts were underway to receive certification of the course. He added the Marathon is a cooperative effort between the City of Kenai, Kenai Chamber of Commerce, Kenai Visitors and Cultural Center, and many volunteers. 3-f. Discussion -- Interim Dip Net Fishery Report Frates reported the operation was nznning smoothly with revenues similar to last year and emphasized the importance of the dune protection fencing. 3-g. DiscussionJReco~nmendation -- Drift Boat Pullout Sandahl reported he had spoken to a number of interested citizens who supported a drift boat pullout on the lower river. Council Member Boyle spoke about the Harbor Commission's interest and suggested a joint effort between the Harbor Commission and. the Parks & Recreation Commission to support a resolution making the pullout a higher priority on the Capital Improvements List and consideration of an ordinance to earmark funds. PARKS AND RECREATION COMMISSION MEETING JULY 24 , 2008 PAGE 2 153 M®TIO: Commissioner Hull MOVED to recommend the City Council pursue a drift boat pullout by moving the project up on the Capital Improvements List. Commissioner Beeson SECOPZDED the motion. There were no objections. 50 ORDERED. ITEM 4: AD3OiTRPIMENT MOTI®~: Commissioner Magiera MOVED to adjourn and Commissioner McDonald SECONDED the mation• There were no objections. SO OY2DERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:45 p.m. Meeting summary prepared and subrnstted by: Lorene Ha1I, Deputy City Clerk PARKS AIVD RECREATION COMMISSION MEETING JULY 24, 2008 PAGE 3 154 Page 1 of 1 Carol Fre$5 Frain: Corene Hall Sent: Thursday, July 24, 2008 2:24 PM To: Carol Freas Subject: FW: Resignation Carol, Bob wondered if (here were any other prospects. Corey -----Original Message----- From: Bob Frates Sent: Thursday, July 24, 2008 8:51 AM To: Corene Hall Subject: Fw: Resignation ----- Original Message --- Pram: Quay Fogka To: bfrates@ci,kenai ak,uS Sent: Wednesday, July 23, 2008 7:47 PM Subject: Resignation With regret as of 7/24/08 I resign my seat on the Parks & Recs Commission. Board. as me and. my family will be moving out of the area by the end of August. Thank you for allowing me to serve on the board this cast 1 1/2 years. TnP F., 1; ~g_ 7/28/2008 1 S ~ .,~~~ __.. ~.:,_/ " ~iltage with apast -~ City wit7x a,~aeture. " S~CKGZ~OETRII.t AEI) PERS~IQAL I2A°CA - CAF7DTIJ~1°~~ FQR AP ERT`MEIYT C~ 2'f'2`EE~ A23 FZ~~~Ii6~ JUL 15 20D8 ~AT~: 7//~°l0 8 ra ~a ~~~~ RET' TEJ: KENAI C11`Y CLKRK 21® lyepz{gyp ypp~~pq~~pq~p EYYJiYL9Ly Si88. J'38Ddi P23(3~I~,°: 2$3-%5a3.e'9y F.~R"i'. 2.31 ~A~: 2sa.~mes Resident of the City> of Kenns? UI ~-S }} /~ Ii/,®~w tong? _j /~- Residence Address OOH cuac~c~ C_..~ «~~ar-t !~'~ 1",~~~~ ~~--^^ ~~ Mailing Address `"~`~ °i~ ~'.. 4 S eL bnuQ., Home Telephone No. ~~~ "J` `~®-~ Home Fax No. __._i~ ___ Business Telephone No 39 5~ ~® Q` ~ Business Fax No. /I~~~ Emai1 Address: May we include our contact inform tion on our web page? ALL If not all, what information may we include? ~J~P~ .ryAu.stn ~.-P~+-~ /CUr~. / ~j EIt~PL43YER: ~L e N 0. rye/°,~ 2. _L-sn¢~G cac~Ql w ~ Y78... Jola Titte -~ .S /` PTAME OP' SPgUSIe: E.J CJ~ /0>4,~<-~, l~ /~". *'" O current anaaabership in organizations: K ~/"r -~ o U 5 y' ~( `t ~..5 Past organizstionat memberships: S,f9MMITTEE$ CBR ~BIdti~1S~I~tds IDI WHI~Fi ~dtbU INTERESTED: r` ~ /~ g N C ~C/~ ~7', er N 156 $ HA6i2LWRBiV YYYJy &'Jd6iyB84y$ddYLEy 6f8l YRL'AL lliB 1365ii~tfi! 84JV P48A L3Sd04 8iY 8YRt8®4H' 8®EASIJ BDVAF43Jy CITY OF I{ENAT PLANNING & BONING COMMISSION AGEN73A CITY COUNCIL CITAMBERS .Tiny 23, 200$ - 7:00 p.~. 1. CALL TO ORDER: a. Roll Call b. Agenda Approaa[ e. Consent Agenda d. kF.xcnsed Absences r Karen Koester Roy Wells *Ali items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these Stems unless a Commission. Member sa 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. 2. *APPROVAL OF MINUTES: a. *July 9, 2008 3. SCIFTEDU-LED PUBLIC COM1bIENT: {I O Minutes) 4. CONSIDERATION OF PLATS: 5. Pii~LiC iac"+,!ia"ciPdG~se a. PZ08-40 - An application for a for a 15-foot rear setback encroachment for the property known as Lot22, Block 4, Redoubt Terrace Subdivision Addition?vo. 1 (1514 Stellar Drive). Application submitted by Scott Wehrstein, 1514 Stellar Drive, Kenai, Alaska. b. PZ08-41 -- An application for a Conditional Use Permit to hold an outdoor assembly (fair) for the property known as Lots 1, 2, and 3 of Beaver Bluff Subdivision (4736 & 4760 Beaver Loop Road). Application submitted by Katharine A. Pool, P.O. Box 178, Soldotna. Alaska. 6. OLD BUSINESS: a. PZ08,39 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (a) Accessory Structures be amended to allow accessory structures in the rear setback. and to defnle one (1) story height. (Note: A motion to adopt Resolution PZ08-39 was offered at the July 9, 2008 meeting and the resolution was then postponed. The motion to adopt zs active.) i} Substitute A - PZ08-39 - A resolution of the Planning azid Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (a) 157 Agenda 3uly 23,2008 Page 2 Accessory Structures he amended to allow accessory structures no larger than two hundred (200) square feet in il'ie rear setback and to define one (I) story height. ii) Substitute B - PL08-39 - A resolution of the Planning and. Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC I4.20.200 (a) Accessory Structures be amended to allow accessory structures no Larger than two hundred (200} square feet with no side or end of the accessory structure longer than sixteen (Ib} feet unless the Building Official grants a waiver far good cause in the rear setback and to define one (I) story height. 7. NEW BUSINESS: 8. PENDING ITEMS: a. PZ,O'7-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 9. REPORTS: a. City council b. Borough Plaruung a Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) IZ. INFORMATION ITEMS: a. Notice of Absence -Commissioner Koester b. Zotiitig B:uteeut ~u~~rvoJ e. Ethics Ordinance 2319-2008 d. Second Quarter Reports -Building Permits/Zoning Permits/Code Violations I2. COMMISSTONr COMMENTS ~& QUESTIONS: 13. ADdOURNMEN'T: 158 CITY OF KENAI PLANNING & ZONIPIG COMMISSION .IDLY 23, 2008 ?:d20 P.M. C%TY COUNCIL CHAMBERS CHAIR ~IEFF TWe~aIT, PRESIDING MINUTES ITEM I: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. i-a. Roll Call Roll was confirmed as follows; Commissioners present: K. Rogers, J. Brookman, J. Twait Commissioners absent: P. Bryson, K. Koester, S. Romain, R. Wells Others present: Planning Administrative Assistant N. Carver, Council Member R. Molloy No quorum 1-b. Agenda Approval I-c. Consent Agenda I-d. xExcatsed Absences • Karen Koester • Roy Wells *AL items 1?sted with an asterisk {*1 are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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 paxt of the Genera). Orders. ITEM 2: *APPROVAL OF MINUTES -- July 9, 2008 ITEM 3: SCHEDULED PUBLIC CC3MMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZC9~-40 - An application for a for a 15-foot rear setback encroachment for the property known as Lot22, Black 4, Redoubt Terrace Subdivision Addition No. 1 (1514 Stellar Drive). Application submitted by Scott Wehrstein, 1514 Stellar Drive, Kenai, Alaska. 159 fi-Ix. PZQ8-41 - An application for a Conditional Use Permit to hold an outdoor assembly (fair) for the property known as Lots 1, 2, and 3 of Beaver Bluff Subdivision (4736 & 4760 Beaver Loop Road}. Application submitted by Katharine A. Pool, P.O. Bax 178, Soldotna, Alaska. ITEM 6: OLli BUSIlVESS 6-a. P208-B3 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (a) Accessory Structures be amended to allow accessory structures in the rear setback and to define one (li story height. (Note: A motion to adopt Resolution PZ08-34 was offered at the July 9, 2008 meeting and the resolution was then postponed. The motion to adopt is active.) 6-a-1. Substitute A - PZ08-39 - A resolution. of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (a) Accessary Structures be amended to allow accessory structures no Iaxger than two hundred (200) square feet in the rear setback and to define one (i} story height. 6-a-2. Substitute B - PZOS-39 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Cauncil that KMC 14.20.200 {a) Accessory Structures be amended to allow accessary structures no larger than two hundred {200) square feet with no side or end of the accessory structure longer than sixteen (16) feet unless the Building Official grants a waiver for good cause in the rear setback and to define one {1) story height. ITEM 7. NEW BUSINESS -- None r•rP;nre u. n~wrsma2 ITEnsS $-a. PZO7-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. ITEM 9: REPC3RTS =3-a. 'City Council 9-b. Borough Planning 9-c. Administration %TEM 10: PERSONS PRESENT NOT SCHEDULE ITEM 11: INFORMATION ITEMS l1-a. Notice of Absence -Commissioner Koester 11-h. ZaningBulietin(7J25/08) PLANNING AND ZONING COMMISSION MEETING JULY 23, 2008 PAGE 2 160 lI-c. Ethics Ordinance 2319-2008 i l-d. Second Quarter Reports -Building Permits/Zoning Permits/Code Violations IT~Pd 12: O®AIMI55IOIQ CONiMEI~TTS & gL7E5TIflPIS ITEliQ 13: A]3JOiTR1LIvIEIdT Due to lack of quorum, the meeting was adjourned at approximately 7:04 p.m. Meeting summary prepared and submitted by: Lorene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETFNG JULY 23, 2008 PAGE 3 161 IIdF83PSVIATI~N ITE~dS I~ENl3I CITY C®Lii~TCIL M7EETIPTCr ABTGU5T 6, 20®8 I. 8/6/2008 Purchase Orders Between $2,500 and $15,000 for council review. 2. 7/25/O8 Public Works Department, Project S`t'atus Report. 3. 7/2'9/08 R. Slocornbe letter related to Dip Net Fishery concerns. ~. Draft Ordinance/Supporting the creation of a U.S. Department of Peace. 5. 5/8/08 Kenai River Special Management Area Advisory Board Meeting Minutes. 6. 8/5/08 Kenai Peninsula Borough Assesnbiy Meeting Agenda. 7. 7/25 J08 Kenaitze Indian Tribe; IRA letter supporting a smoke free workplace ordinance. 163 v 2 C? U K C uts" ua 6 4 0 0 ~ ~ 0 a, io ~~ w ~ ua ~ ~ 4 w. ~ d ~ Z H ~ w J_ 43 ~ U ° ~ Q ° ° ° o a ~ ~ O O N ~v j N R O I~ r M M M ~ tf) W C? tK ~JJ J "`~ Z Z Z ~ O ~ ~ ~ t71 oy oy w3 z ~ ~ ~ K ~ o a d O a w a ~ ° ~ a m o w 5 w v 0 cn u z ~ J ~ ~ w w ~ w Z r m 0 z ~ a ' M ~ Q o ~ ¢ z = ~ c ,3 a U J o ~ X a g z ~ U ~ ¢ m ~ z w U Q- _ ~ O o ~ ¢ ~4, W ~ ~ m ~ a U ~ O a ~ a ¢ ~ Z a ~ ~ m ~ ~ ? ~ ~ 4 > o 164 A=A°`19E Proj ect t to ®rt NC=Non-Consfruction RK-Rick Koch F=Future WO -Wayne Ogle MK- Marilyn Kebschull STIP=State Trans. Imp mrNC~F! ~it~ Gentact Prejeet Name Status STIP A WO Airport Runway Safety Working on completing change order itamsby ZonefExtenslon September 30, 2008. A WO . AP Urea Sforage Building Poured concrete foundation. Completion by 9/30/08. A WO Kenai Boat Launch Road Project completed. Culvert Replacement A RK ~ Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tatra Tech main consultant. R&M drilled monitoring wells. F, NJO ~ Leif Hansen Sprinklers Project awarded to Alaska Enviroscapes. Notice '. to proceed has been issued. Completion by 9115108. A WC LID's -Shamrock Circle Project awarded to Alaska Roadbuilders by change order 'Completion by 9130108. A RK Marathon Road Improvements Project awarded to Southceniral Construction. A WC Public Safety Garage Project awarded to Holden Company. Work has started, Completion by 915/08. A WO Thompson Park LID Alaska Roadbuilders started paving this week. A RK ~ Water System HDL preparing report on findings A WO Wildwood Drive Improvements Preliminary engineering complefe, ROW issues. Project on hold. Friday, July 25, 2008 165 n/aGit/ City C~tact Prujaet Naau~ Status STIP Np Contaminated Soils -Shop Further work in progress Friday, July 25, 2068 Page 2 of 2 166 ~~ July 29, 2048 Reg Slacombe 1636 Moss Creels Ave Anchorage, AK 99507 To: The City Clerk 21d Fidalgo Ave Kama, AK 9961 I RE. Citation No X039152 Enclosed is a check for $60.00 which I will pay under duress, because of the time and distance involved to return to Kenai to fight the citation. The cirenmstances surro~.rY?ding Phis ticket border on ridiculous. My daughter was unable to get to the general loading area and knew I had been waiting for her far over an hour. She was in line on Spruce Street waiting to get down to the area where everyone was loading fish and equipment. She left the vehicle, about'/a the way to the loading area to find me as I could not see her. And while she was looking for me the policeman issued the citation.. Why allow her into the area if there are too many vehicles or if she is not going to be allowed to get out of the car. There are a number of problems. The whole area says no parking, but she was not parking she was trying to find where I was to load out fish and equipment. She dsd step away from the vehicle but sv xad a mm~ber of other people. So some people were cited and other were nat. One unfortunate gentleman stepped out of his truck to use the Porto Pottle before he left for home and he was given a ticket Ha was by himself and could not have someone sit with his truck. A tittle understanding would have gone a long way. What really bothers me is that as we were walking down Spruce Street to get to the water because we had to park in the baseball parking area, there were about a dozen cars that had Ittle red stickers on the windshield for parking in no parking areas on the street. So people can. pazk all day on Spruce Street in a na parking area and they are issued. a warning in th© form of a sticker on their windshield and we get a ticket for [caving a vehicle unattended for a couple of ~runutes while trying to locate one another. Also what are we getting in. return for all the additional fees. There are na more batlxrooms. The road has not been improved, the parking area has not been enlarged, although the beaches did look cleaner. We had to walk over twice as far as before aZxd the whole organization in general was really iackin.g. As I said it took over an hour fox my daughter to get down Spruce Street and to the loading area. There were Policemen directing traffic but they sure did not seem to have it under control. In the past with no 16'7 police td interfere we were able to get to the loading area and out of a fraction of the Time and. at far less cost and imposition, I am just one of many people who make the annual trek to the Kenai. to Dip Net and. spend gas and food money in your community. With the welcome we got this year there will be a lot of us who have second thoughts about going to your fair city next sununer and we will just buy our ice, food and gas in Soldotna as we do not feel welcome in Kenai. Sincerely. ~~ '. ~L~ ~,,. , Reg Slocombe CC. Mayor Porter Chief Kopp 168 Suggested by: Council Member Eldridge CITY CF I~ENAY RESOLUTION IdC. 2008 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAi, ALASKA, SUPPORTING THE CREATION OF A U.S. DEPARTMENT OF PEACE. WHEREAS, the Kenai City Council believes that whIle conflict is a normal and inevitable part of the human experience, choosing war and other forms of violence is not the solution to our problems; and, -. - ; „ WHEREAS, the World Health Organization has estimated $300 billion a year is spent as a result of interpersonal violence within our borders; and, WHEREAS, we are beset by a multitude of problems here at home, from bullying and gang violence, rape and domestic violence, to school shootings threatening the lives and health of our cl-iildren, all of whicl-i ds-ain our emotional, spiritual, psychological and financial resources; and, WHEREAS, there are more than 20 major armed conflicts raging around the globe, including the conflict in Iraq; and, WHEREAS, terrorism is a real and serious threat to our security and we have the best military technologies in the world yet we are missing and need to augment our educational, humanitarian, and psychological technologies, and increase our understanding of the cultural and religious differences among nations; and, rz~uE.rzFAc it is clear reducing ~.>iolence wiL save lives as well as billions cf dollars than ' can be used to address other human needs; and, WHEREAS, there is a wealth of genius in our nation to deal with the crucial issues of violence, yet tine best thinking of the American people in regard to violence prevention ; "^ '°' is not currently reflected in our national and local policies; and, ,~, k( WHEREAS, the Kenai City Counci] believes peaceful and harmonious relationships between all peoples is an achievable goal and believes achieving that goal requires a level of governmental support on par with cabinet-level agencies such as the Department of Defense and Department of State; and, WHEREAS, HR 808, a bill submitted an February 5, 2007 before the US House of Representatives, will create acabinet-level Department of Peace to support the Baal of peace; with its passage, will establish acabinet-level position, a Secretary of Peace, to advise the president on peace-building needs, strategies, and tactics for domestic and" ""`"' ~~" international use; will create a Peace Academy, a sister organization to our military xs service academies, which will build aworld-class faculty of peace-building experts; and, will fund the creation and expansion of proven domestic peace-building programs '' in our communities, such as mediation trainings for police, firefighters, and other emergency services personnel, as well as alternative dispute resolution techniques, ~, ~. peer mediation and nonviolent communication programs in public schools; and, "vim"'. 169 RESOLUTION NO. 2008 PAGE 2 of 2 WHEREAS, through the institutional springboard of the Department of Peace, we will tap into the extraordinary wealth and breadth. of knowledge currently existing in the peace-building community and provide them with the resources needing to increase their effectigeness; and, WHEREAS, 32 U.S. cities and municipalities representing over 12 million people ha' passed resolutions supporting a Department of Peace, including San Francisco, CA; Atlanta, GA; Newark, NJ; Chicago, IL; Cleveland, OH; Detroit, MI; and Los Angeles, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, hereby supports the passage of HR 808 and calls upon all elected city offic to support its passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2008. 17~ Kanas River Spacial ZYianagement Area Advisory Board Minutes Kenai River Canter Thursday May 8, 2008 5:30 p.rn. I. Call to t7rdar ~~e~~u~~ Luc ~ ~ zoos A. Members Present: Joe Connors, Ted Wellman, Brenda Trefon, Curt Shuey, Richard Dykema, George Heim, Richard Hahn, James Czarneski, Bruce King, Gary Knopp, David Carey, Tom Vania, Jack Sinclair, Tim Stevens. II. Public Comment Adam Reimer thanked the KRSNIA board. for the job it was doing. III. Agancy Reports A. ~bacBr Sinelair, Stata Parl.s stated field aper-ations are ramping up for state parks and the river is open. The River Center is busy as well.. Legislature has adjourned and our budget is yet to be signed by the Governor, however all signs uoint to a very good budget for state parks, the largest increase in 23 years. We will be getting an additional maintenance person to help with our staff. It will be another busy year for capital improvement projects; Big Eddy and Morgan's Landing will be gettisig new latrines: iVext year, we will have the new waterfront access at Margan's Landing and possibly some work at Funny River and Slikoic Creek. Briefed the River Use committee on the work that we are dairg on the Public Use Study, trying to get an RFP that will be awarded by July lst. This .>,,ork wi?? continue ur_*.il fall of 20Gy. B. fiim Stevens, I)EC spoke regarding the three grants they selected that would have direct or indirect implementation on the Kenai River. The grants were a1I issued to the Kenai Watershed Forum. One grant was to look at turbidity assessmer..t starting in the month of July, the second was to finish the storm water mapping for the City of Kenai, and the third was to evaluate the Kenai Peninsula Borough's SO r`t habitat ordinance. In addition, we let out a contract Last week to de some turbidity testing in May and June. C. Tom ~7ania; AI1F&C reported that they are in the middle of the rainbow trout spawning closure until June 1 lih, 2008. New regulations state that from the outlet of Skilak to the Upper Killey is closed to all. fishing. I3. Robin Wast, KNWR was not present. E. Jani Evans, USFS was not present. 171 PresicFent's Report Dave Carey attended KPB Planning and Zoning meeting in Homer and testified on a condition~i`use `per,~isiit. The individual that wanted the conditional use permit didn't follow through and did not own. the property yet. Even. if the property changes hands, it is not expected that the P & Z will grant the CUP. Has worked on but not yet sent letter dealing with the hydrocarbon testing at mile 1.4 and 4.7 to request if possible aerial boat counts. Committee Reports a. Guide Advisorq 1 p.m. KRC Regular KRAB. Did not meet today ar~d will not meet during the summer. b. Tiabitat Committee. Met today and had. a quorum.. Prioritized a list and scaled it out for a yearlong plan. The committee. will take one issue, for example hydrocarbons testing and turbidity results and a presenter will come to the committee meeting. and give updates. if we follow our schedule we will be a61e to cover all of our topics by the April 2009 meeting. Some of the other topics are watershed planning and borough land use regulations. The committee will review the habitat issues in the comprehensive plan, which is scheduled over 3 months, November, December, and January. The committee will look at road and culvert issues. Also, habitat education, with a plan to host one of the tables at next years Salmon Celebration. In April, mining issues will be looked at. This summer, the committee plans to keep in touch by email and meet as necessary. c. Recreation/River SJse Committee Met today at 2:30. Had. an opportunity for public members to introduce themselves. Update on RFP process and the scope. Discussed public boat launch at The Psllars. Discussed the potential of trying to bring in other unregulated commercial users of the resource. Decided to have another meeting bet~xreen May and June to discuss the scope of the recreational river use study and provide some advice to DNR about what should be in the scope. d. Permits Committee did not meet. Will meet on an. as needed basis. e. Legislatsve(Government Activities - rnat available f. Board Development Committee worked using email since our last meeting to develop Resolution 2008-12 regarding nomination policy and procedures. Meeting was planned today at 4 p.m: rather than 3 p.m. today, put did not meet. Kenai River Si>ecial Managen2ent Area Advisory Board Minutes -May 8, 2Q08 Page 2 of 5 172 g. Agenda{Board Structure/Housekeeping Cosnm.ittee. The committee's purpose is to put items on the agenda, not to approve or disapprove of anything. Recommended that we add a Presidents Report as part of the agency reports. We agreed with the action items and we have numbered. them to resolve that portion of the house cleaning process. The committee plans to meet during the summer as needed.. Asked that Gary Knopp be the vice chair. IV. Approval o£ Agenda and Consent Agexsda KRSMA Advisory Board Minutes from 4-10-08, Joe Connors moved to approve the minutes. A. Committee Changes -River Use-Dave Erkhardt off, Ron Rainey on. The motion to accept the agenda anal the consent agenda with the amendment was passed. V. Old Business and Action Items A. Resolution 2008-12 Nasninatian Process-Curt Shuey Curt S. rnoved to approve Resolution 2008-12 Nomination Policy and Procedures, and was seconded. Curt moved to amend resolution 2008-12 proposed nomination process. Amendments to proposal included the following: Under Timeline, #S now reads: 5. Hold a special Nomination meeting in late August for the purpose of developing a list of applicants. Under Timeline, #6 now reads: 6. Submit a List to the DNR Commissioner by September 1 (strive for at Least 3 names per open seatj. Under Nomination meeting, #2 now reads: 2. Incumbents of seats coming opera wi11 fully participate in the process. lind.er Nomination meeting; #4 rernove everything beginning with "The Board wail create". ' kenal River Special NIa~2agemenf Area Advisory Board Minutes - 1VIay' 8, 2008 Page 3 of 5 173 Amendment to resolution 2008-12 passed without audible opposition. Resolution 2008-12 amended passed unanimously without audible opposition. Vi. Resoiutxon2€}€}8-CF4 amending the resolution to combine Legislative Committee with Agenda/Board Structure/I3ousekeeping. Joe Connors moved that resolution 2008-04 amended be brought before the board. Resolution 2008-04 amended passed unanimously without audible opposition. VII. New Business Dick Hahn stated that he has been an adcoeate of broadening the board's voice in the community. Jack Sinclair stated that any member of the public could have their name added to the email distribution list. VITT. Correspondence A. Update on letter sent to the Borough- Dave Carey reported that the Borough responded by sending a letter to the KRSMA board; as well as the Commiss;oner of DNR. In the letter, the Borough Mayor stated that informatior.~ would be part of a study requested through. a stewardship action grant working with the Kenai Watershed Forum anal once the grant is completed, they could provide the information. B. Update on Hydrocarbon letter -Dave Carey said fhe letter would be sent within the week. C. ln-Season Guide Replacement Policy -Jack Sinclair stated Director James King would be iZere ir. two weeks for the Kasilof meeting and at that time they would discuss the Ir.-Season. Guide Replacement Policy. IX. Public Comment Dwight K>ramer thanked *.he board for keeping an open mind to change direction on an issue when it recognizes the right thing to do. ~. Board Comments Curt asked for people to send an ernaii about any concerns or questions about the nomination. policy and procedures. Kenai River Special Management Arem Ad~~isory Board IVl3nutes -May 8, 2008 Page 4 of 5 174 Dick asked if ure shou.id incorporate the procedural changes on the board be put into the bviaws. Dave C. stated that a request was made to put cor::ments back into the mir,,ates for comments made by the public. XT. Ad,~ournment A. mate/Agenda of Next Meeting August ZS, 2©OS 5:3d g.na. I{ena6 River Special Management Area Advisory Board Minates - M'a~y S, 2(1€i& Page 5 of S 175 Kenai F~ninsula ~c~r~u~l~ ~. 5` ~ August 5, 2005 - 7:00 p.m, Regular Meeting BoroughAssembly Chambers, Soldotna, Alaska A. CALL TO ®RDER Grace Merkel B. PLEDGE OF ALLEGL4NCE Assembly Aresadent Seat S-SYerlfng/Funny River C INVOCATION Term Expires 2008 . Peze Sprague 'D. ROLL CALL Assembly dice Presidzrt Seat 4 - SoZdotna Term Expires 301 o E. C®MIVIITTEE REPORTS PauA Fischer F, APPROVAL OF AGENDA 1-S.T~D CONSEPrT AGENDA Assembly Member {All items listed with an asterisk (*) are ccnsidered to be routine and nor.-controversial by the Seal 7 -Central Assembly and witl 6e approved by one motion, There will be no separate discussion o: these Term L+xplres 20?0 items unless an Assetnbty Member so requests: in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda) Margaret Gilman Assembly Member Seat 2-Kenai G. APPROVAL OF MINUTES Ternx Expires 2008 ; * l , .Iuly 8; 2008 Regular Assembly lvleeting Muiuies ............. 1 Kropp , .-_..embly hR tuber Seat t - Katifornsky g, COMI«ENDING RESOLUTIONS AND PROCLAMATIONS Term Expires 2009 1. A Commending Resatution Recognizing Twenty Five Years Ron Lang Arse;ru y m9e;rber , ~ of Service by the Seward.IditarodHlstoric Trailblazers, Inc. Seat 6- East Pexinsula (Long) ...............................:....... ....... 13 Terrax Expires 2009 A Proclamation Declaring August I O - l6, 2008, as "Health 2 M,tu Marvin Assembly Member . Centers Week" for the Kenai Peninsula Borough (Mayor) ..... I S Sear 9 -,South Peninsula Term Expires zoo9 I PRESENTATIONS WITH PRIOR NOTICE (?.0 minutes total} BiZ7 Snaith ' Assembty Member 1, Centre? Peninsula General Hospital, Inc. Quarterly Report {lo Seat 8 - Flomer minutes} Term Expires 2008 Ga;y superman 2. Rob Massengill, Fisheries Biologist with the Alaska Assembty Member DepartmentofFish and Game Spott FishDivision,"Arc Lake seaz s - Ntkrskt Restoration" (IO minuses) Term Expires 2010 J. PUBLIC COMiVfENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 miruies p.°r speaker; ZO minutes aggregate} K. REPQRTS OF COMIVIISSIC°NS AND COUNCILS AugusC 5, 2008 Page k of 5 1'76 L. ................................16 MA'YfJR'S REPORT . . ................ . 1. Agreements and Contracts a. Sole source approval to award contract to Petro Marine Services far Nikiski Fire Service Area Fuel Provider .............. . .......... 19 b, Sale saurce approval to award contract to Abbott Laboratories for Central Emergency Service ISTAT Blood Analyzers . .............. 20 c. Sole source approval to award cantract to Native Village of Tyonek far Junk Vehicle Survey .............:........................ 21 d. Sole source approval to award contract to Tyonek Contractors, Inc. for Junk Vehicle Relocation in the Village of Tyonek .............. 22 e. Sole souuce approval to award contract to Applied Microsystems for A nrual Technical SuppartCorz+sact for Comm Vault Backup System .........................................................23 f Sole source approval to award contractto Enterprise Engineering, Inc. for Seward High. Schaal Playfield Complex Project ................ 24 g. Sole source approval to award cantract to Rain Proof Roofing for Sterizng Elementary School Roofing ............................ 2~ h. Sole source approval to award contract to Municipal Code Gamoration for KPB Code Codification 5ervibes ................. 26 i. Authorization.to award contract to Architects Alaskafor Prafessional and. Design Services for Nanwalek Teacher Housing .............. . 27 j. Authorization to award cantract to Calence far Pw~chase of NIIS Switching Framework Equipment ..................... . ........ 28 k. Authorization to award contract to Arctic Elevator Company LLC for Seward. I-ligh School Elevator Upgrade ......... . ................ 30 1. Authorization to award contraci to Chumley's Inc. for Central Emergency Services Vehicle Maintenance Services ................ 32 m. Authorization to award contract to McLane Consulting, Inc. for Professional Design Services for Woods Drive Road Realigrunant and Subdivision ............................................33 August 5, 2008 Page 2 of x 177 n. Autharization to award contract to Architects Alaska s"or Soldotna Elementary School Re-Roof ..................................34 .4ugusK 5; 20D8 o. Authorization to award contract to Architects Alaska for Ninilchik Elementary/Fiigh School Re-Roof ....... . ...................... 36 p. Authorization to award contract to Surrunit Consulting Services, Inc, for the Beluga Landfill Solid Waste Burn Box .................... 38 q, Approval of contract to S&R Enterprises for 2008 Summer Stacking of Slash of the Kenai Firewise Site ............................. 39 r. Approval of contract to Five Alarm Leadership LLC for Central Emergency Services "Pride ai3d Ownership: The Lave for the Soh" Classlnstruction ...........................................40 s. Approval of contract to Kiander & Company Architect for Design of Areatvide Portable Classrooms .....:............. . ..... . . . .. . . 41 t. Approval of contract to Highland Appraisals Inc for C.AMA Software Training for Land Valuation .. . .......... . .................... 42 u. Approval of contract to Busy Beaver Firewood for Old Sterling Highway #7 ROW Project .................. . ................. 43 v. Approval of contractto Endries Company for Soldotna High School Parking Lot Re-Grade .......................................46 w. Approval of contract to Arotic Elevator Company LLC for Seward High School Elevator Upgrade ................................ 47 x. Approval of contract to Floor-Ever for Susan B. English School and Part Graham 8chooIPlooring Replacement ......................48 y. Approval of contract to S&D Logging for Andrews Avenue ROW Project ...................................................49 z. Approval of contract to Native Village of Tyonek for Survey/Document dunk Vehicles ...............................52 aa. Approval of contract to Enterprise Engineering, Inc. for the Seward High School Football Field Regrading and Resurfacing and New Stadium Seating ............................................~3 bb, Approval to waive formal bidding procedures and award a contract for the Scope of Services and Fee Proposal for the Serenity I-Iouse .... 54 Page 3 of S 178 2. .Other a. Office of the State Assessor Assessment Performance Audit of the IC.PB Assessor's Of£ce .......................................SS b. Memorandum from Jeanne Camp, KPB Economic Analyst -- Tune 2008 Unemployment Data far Kenai Peninsula Borough ............ 67 a Memorandum from Bomiie Golden, KPB Grants Manager ~ Kenai Peninsula Tourism Marketing Council Year-End Report............. 77 d. Seminar Invitation to "Planning a Sustainable Future: Linking Economic and Environmental Benefits on the Kenai Peninsula" September 22-26, 2008 at the Kenai Visitors & Cultural Center ...... 82 e. Letter from Loretta Flanders, President, Board of Directors; Central Peninsula General Hospital, Tno. to Mayor Williams Regarding Certificate of bead Program . ..................... . . . ......... 84 M. 1V. ITEMS 1'1OT COMPLETEll FROM PRI(7R AGE~I3A -None PUBLIC HLARIlVGS ON ORI}IN AIrTCES (Testimony limned to 3 minutes per speaker} 1. Ordinance 2007-19-52: Accepting and Appropriating S2S;22S from the Alaska Division of Homeland Security and Emergency Management to Support the Activities of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Referred to Finance Committee) ...... • ..... 86 2. Ordinance 2008-10.: Amending KPB Title 20 Requiring Documented Legal Access to Subdivisions within the Kenai Peninsula Borough (Martin} (Referred to Lands Committee) ................................. . .... 92 3. Ordinance 2008-17 (Suoarmari_ Mauorl Substitute: Amending KPB 5.04, S 10 and. KPB 16.16.085 to Exclude Grant Funds from the Amowits Considered in Determining Whether a Borough pr North Peninsula Recreation Service Area Capital Improvement Project must Be Submitted to the Votary, and Amending I{PB 16.16.085 to Increase the Amount That May Be Sgent Without Voter Approval on Capital Improvement Projects in the North Peninsula Recreation Service Area from $ 500,000 to $1,000,000 (Superman, Mayor) {Referred to Finance Committee) .............................106 Ordinance 2008-17 (Marvnl Substitute: Authorizing an Exception to the Voter Approval Requirement Contained in KPB S.OQ 110 to Authorize the Acquisition and Construction of a New 2vikisld Fire Statior. No. 2 (Martin) (Referred to Finance Committee} ......................... . .........116 August 5, 2008 u~G » ~, 179 4. Ordinance 200$-18: Authorizing the Negotiated Sale at Other than Fair Market Value of Lot 3 Block 3 J Booth Recreational Subdivision, According to Piat No. 1966-643, Homier Recording District, Seward lvieridian, Alaska Containing 0.26 Acres to Demian T. Sagerser (Mayor) (Referred to Lands Committee} ....................................................ll9 5. Ordinance 2005-i9-01: Accepting and Appropriating a State Grant in the Amaunf of $3,375,000 for Construction of a Fire Station for the Nilciski Fire Service Area Mayor} (Referred to Finance Committee) ..................124 6. Ordinance 2008-14-0~: Appropriating $125,000 from the Fiscal Year 2009 Grant Funds Scheduled to Be Received from the State of Alaska Department of Cammeree, Community and Economic Development to Provide Funding for the Niltiski Beach Access Engineering Study and Design Project (TvIayor} (Referred to Finance Committee) .................. . ....:...........127 7. 'Ordinance 2008-20: Amending KPB 5.10.040 Clarifyu7g the Interest Rate of Authorized Investments of the Borough in Special Assessments (Mayor) (Referred to Finance Committee) ... ................................131 8. Ordinance 200$-21: Amending KPB Chapter 2.60, Emergency Service ,Communications System, to Adopt National Standards for Practices and Procedures in Operating the Borough's Enhanced 911 System znd Designate tlxe Two KPB Public Safety Answering,- Points (PSAP}wit'r. Selective Routers as Demarcaiion Points for Delivery of 911 Calis by Carriers (Mayor) (Refened to Policy and Pracedures Comrittee) ..........:.............134 9. 'Ordinance 2008-22:AuthorizingtlxeMayortoDissolvetheCentralPeninsula Gsne~ al uaspital (CPGH) Hospital Liahilit<~ T:vst and Transferring+:~txe rands to the Plant Replacement and. Expansion Fund and the Central Kenai Peninsula Hospital Service Area Fund Balance (Mayor) f Referred to Finance Committee) ....................................................139 Q. IJNFI'.~TISHED BUSINESS -Bone P. I~TEW BUSINESS Resolutions *a. Resolution 200$-062: Supporting tine Homer Soil and Water Conservation District Application for Department of Natural Resources Recreational Grant Funding to Improve Access to the Caribou Lalca Area Recreational Sites and Trails (Martin) (Referred to Policies and Proceduues Committee) ............ . . . ..........143 Auras*. 5, 2008 Page 5 of 8 180 "b. .Resolution 2008-063: Authorizing Unexpended Ponds from General Government Capital Projects #04CAM, Be Transferred fo General Govemmezit Capital Project #7STEP to Cover Cost in Excess ofthe Budgeted Amount (Mayor) (R,eferred to Finance Cammittee) .......154 ~`c. Resolution 2008-064: Supporting the Qutekcak Native Tribe's Federal Raeognifion Efforts (Long} (Referred to Legislaiive Committee) ......................'........................157 *d. Resolution 2008-ObSiApproving the ConstructionafanExtensionto lditarod Street to Canneei to West Poppy Lane (Mayor) (Referred to Lands Committee} .........................................160 Augusi 5, 2008 2. *e. Resolution 2008-067:Accepting$38,SOOfromtheStateofAlaskafor the Borough's Coastal Management Program (Mayor} (Referred to Finance Committee) ........................................167 *f. Resolution 2008-068: Authorizing Award of a Contract and Transferring Additional Funds Needed for the Purchase of a 3000- Gallon Tanker (ivlayor} (Referred to Finance Committee) • _ . • • .. • • • 171 Ordinances ~`a. Ordinance 2008-19-03: Accepting and Appropriating a State Grant in the Amount of $550>000 for the Nilcislti Fire Service Area for Purchase of a Fire Engine (Mayor) {Hearing on 09/02108) (Referred to Finance Committee) ......................................174 X"o. Ordinance 2008-i9-u4: Accepting and Apprupriaturg ail Behalf of Nikiski Fire Service Area a Grazit in the Aznaunt of $6,375 from the Alaska Department of Natural. Resources (Mayor) (Hearing on 09102/08) {Referred to Finance Committee) .....................178 *c. Ordinance 2008-19-05: Accepting and Appropriating an Behalf of Central Emergency Services a Grant in the Amount of $7,000 from the Alaska Department of Natural Resources (Mayor) (Hearing on 09/02108)(Referredto Finance Committee) .....................183 * d. Ordinance 2008-19-Ob: Accepting and Apprapriating a State Grant in the Amount of $750,000 for Fire Fighting Water Supply Points for Central Emergency Services ("CES"} (Mayor} (Hearing on 09!02/08} (Refereed to Finance Commnittee} .............................188 *e. Ordinance 2008-19-07: Accepting and Appropriating aState Grantin the Amount of $505,000 for School Equipment and Supplies {Mayor) (Hearing on 09/02!08} (Referred to Finance CoznmitCee} ...........192 Page 6 of 8 181 *f. Ordinance 2008-19-08: Accepting and Appropriating on Behalf of Bear Creek Fire Service Area a Crrant in the Amount of $9;693 from the Alaska Department of Natural Resources (Mayor) (Hearing on 09/02/08) (Referred to Finance Committee) .....................197 *g. Ordinance 2008-19-09: Accepting and Appropriating a State Grant in The Amount of $55,000 for the Bear Creek Pire Service Area Multi- Use Facility (Mayor} (Hearing on 09102/08) (Referred to- Finance Committee) .............................................. 202 "h. Ordinance 2008-19-10: Accepting and Approprating a State Grant in the Amount of 5475,000 for the North Peninsula Recreation Service Area Community Recreation Center (Mayor) (Hearing on 09!02/08) (Referred to Finance Committee) ....... . ................ . ....206 *i. Ordinance 2008-19-11.: Accepting and Appropriating $6,875,000 from the State of Alaska for Capital Improvement Pra?ects for the Road Service Area {Mayor) (Hearing on 09/05/08) (ReferZCd to Finance Committee} ..................................... . .. 2i0 "`j. Ordinance 2008-':9-12: Appropriating $40,000 for the Purchase and Upgrade of a Water Tanker by the Kachemalc Emergency Service Area (Mayor} (Shortened Hearzng on 08J19108) (Referred to Finance Convnittee) ..............................................215 Aegixst 5: 2G08 *k. Ordinance 2008-19>13: Accepting and Appropriating a Csrant from the State of Alaska in the Amount of 527,290 for the Borough Coastal Management Program's Coastal Erosion Study (Mayor) (Hearing on 09102/08) (Referred to Finanoe Committee) ................ . .... 2i8 *1. Ordinance 2008-23: Amending Paragraph 1 of KPB 5.12.105(1}, Hardship Exemption, to Extend the Application Deadline from May 15 to July 1 (Mayor) (Hearing on 09!02/08) (Referred to Policies and Procedures Committee} . . ....... . ..................... . .....222 *rn. Ordinance 2008-24: Allowing for aLate-Filed Habitat Protection Tax Credit for Properties Exceeding t'ae $300.000 Senior Citizen Exemption Where Constn:etion Was Commenced in 2005, 2006, or 2007 (Mayor} (Shortened Hearing on 08/19/08}(Referred Co Finance Committee) .......:......................................228 *n. Ordinance 2008-25: Authorizing the Negotiated Sale at Fair Market Value of Approximately 2,010 Square Feet of Tract A Moose Pass School Site Accozding to Plat 74-483 to Vern. Kingsford (Long, Mayor) (Shortened Hearing on 08/19/08) (Referred to Lands Committee) ..............................................234 Page 7 of 8 182 - 3. Other '"a. Appiication for a Restaurant Designation Permit filed by Kyllonen Enterprises Inc. d/b!a Fireweed Meadows in Anchor Paint, Alaska (Referred to Finance Committee} .............................240 *b. Appiication for a Restaurant Designation Permit filed by K.G.B. & Associates, LLC d/b/a of Clam. Shell Lodge (Refereed to Finance Committee) ..............................................246 Q• R. T. PUBLIC COMMENTS AND PL'I3LIC PRiv+ SENTATIOI'vT~ (3 minutes per speaker) ASSEMBLY MEE"I'ING AND HEARING ANNOUNCEMENTS 1. August 19, 2008 Regular Assembly Meeting 7:00 PM Saldotiia ASSEMBLY COMMENTS PENDING LEGISLATION (This item lists legislation which.-will be addressed at a star date as noted.) Resolution 2007-0~1: Approving Plans for Participation in the Fiftieth Anniversary of Alaska Statehood Celebration (Mayor) (Referred to Policies and Procedures Committee} Tabled on 11/20/07 U. V. 2. Ordinance 2007-19-55: Appropriating Supplemental Funding of $15;000 in the Fiscal Year 2008 Budget to Cover Costs in Excess of Budgeted Amounts fer Purchase and. InstaLiatinn of Routing Eauiumant for the 911 Call Center (iVlayor) (Hearing on 08/19!08} (Referred to Finance Committee) INFORMATIONAL MATERIALS AND REPORTS NOTICE QF NEXT MEETING ANrD AD30URNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on August 19, 2008, at 7:00 P.M, in the Borough Assembly Chambers; Soldotna, Alaska. 77ris meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (SouFh Peninsuta), K201A0-FM 88:1(East Peninsula}. Conies of agenda items are available at the Borough Clerk's Office in the ~Neefing Room just prior to the meeting. Fo=~ further information, please calf dhe Clerk's Office at 7Z4-2264 or tol!free withdn the Borough at 1-80©- 478-4447, Tzt. 2160. Visit our website al www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions. August 5, 2008 Page 8 of 8 183 .~,. .0 .~ ... .'` 't July 25, 2p{?8 KF~l,,~#.A{~fa 99~t1 X907) 2~3-3633. . Fax 49071 ~&3.305 `' Honorable Mayor 1'at Porter Kenai City Counei.I 210 Pidalgo Avenue Kenai, AK 99611 Mayor Porter aatd Kenai City Council Members: The Kenaitze Indian Tribe is dedicated to promoting wellness and providing health care to our tribal members. One of our first responsibilities is to honor and sustain the health. and happiness of our families. As such; we are submitting this letter 'in support of a 100% comprehensive smoke free workplace ordinance for the City of Soidatna. The rate of smoking among Alaska Native adults is nearly twice as high as the smoking rate among non-Natives. In addition, although smoking among Alaska Native youth declined from 44% in 2005 to 32% in 2007, smoking among Alaska Native youth continues to exceed state and national averages.' Clean indoor air policies are the best way to get people to quit and/or cut back on smoking. In communities where smoke free laws are in place, youth utitiatian rates decrease and quit rates increase. Kenaitze Indian Tribe urges you to enact an ordinance requiring that all workplaces be smoke free. In addition to our citizens being protected. from the harmful effects of secondhand smoke, community health will be increased as the consumption. of cigarettes decreases. Respectfully, Ja eterso Nyr n Executive Director Kenaitze Indian Tribe `Tobacco Prevention and Contr^nl in.4Zasku, Annual Report: 2007 Update, DHSS 184 CITY OF KENAI NOTICE OF PUBL%C HEAR%NG AUGUST 6, 2008 NOTICE YS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of August 6, 2008. 1. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: Ordinance No. 2314-2008 was postponed on June 4, 2008 to the August 6, 2008. The motion to approve is active.) Ordinance No. 232'7-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 8v Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2327-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active.) 3. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2328-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active.) 4. Ordinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. S. Ordinance No. 2333-2008 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses. 6. ,Ordinance No. 2334-2008 -- Enacting a New Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Development of an Addition to the Existing Cemetery, Its Integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years. 7. Resolution No. 2008-45 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Elgin Sweeper. Resolution No. 2008-46 -- Awarding a Contract to Yukon Equipment, Inc. for an Elgin Crosswind J Sweeper for the Total Amount of $194,616 F.O.B. Kenai. Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." a. Substitute Resolution No. 2008-47 -- Directing the Continuation of the Project Entitled "Ames Road South LID Special Assessment District" and Designating What Improvements are to be Included in This Project. 10. ResoluYson No. 2008-48 -- Establishing a Policy Regarding Donation of Money, Services or Equipment of X5,000 or More in a Fiscal Year to a Non-Profit [501(C)(3) Organization Requiring that the Non-Profit Provide to the City Its Most Recent IRS 990 Tax Form and an Audit or Financial Statement That is Acceptable to the City for Review Prior to Disbursement of a Donation of Funds, Services or Equipment. ll. Resolution No. 2008-49 -- Supporting the Execution of the 2010 Census and Encouraging Total Community Participation. 12. Resolution No. 2008-50 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. 13. Resolution No. 2008-51 -- Supporting a Feasibility Study and Needs Assessment in Consideration of a Domed All Sports Facility in the Central Kenai Peninsula Area. 14. Resolution No. 2008-52 -- Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled "New Water Transmission Mains (Phase II), Wellhouse, Wells, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2010. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances may be amended by the Council rior to adoption without further=,nublic notice. ti ~.a~C~r$/'~ _.._ Carol L. Freas, Kenai City Clerk" =-- Posted: August 1, 2008 P,4 T COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Ma or/Council Attorne Ta for/5 rin er Clerk '~ Cit Mnna er Kebschull/Carver Police De artment '~ Finance ~ En ineer Senior Center Airport Kim ' Librar Parks & Recrention Clarion Fire Department Schmidt Mellish .S#ad°t~tt KSRM AGENDA DISTRIBUTION DELIVER Council and Student Representative Pockets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their paeket up in my office. The portion of the agenda published by the Clarion should be emniled as soon ns possible on packet dny. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emniled to Denise at Peninsu/a C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell@acsalnskn.net}. Nome Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my NTML file. Place information (mzeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon ns possible before leaving the office for the weekend.