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HomeMy WebLinkAbout2009-11-04 Council PacketCOUNCIL MEETING DATE: Ma or/Council v,'' Attorney Taylor/Floyd m Clerk V" City Ma na er L� Kebschull/Carver Police Department ,. Finance i '° Ole }" Senior Center Air ort v� Christine Library (2) Parks & Recreation 4_-"l Clarion Fire De artment k, ` Schmidt v Mellish Student Pe2. V Hall Binder i ,, : Sewer Treatment Plant Streets 11 Shop f Dock Building Maintenance Animal Control Water/Sewer Counter S DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. COUNCIL MEETING OF: //'//o�7 //..._ M S V JOHNSON MOLLOY BOYLE PORTER SMALLEY MOORE ELDRIDGE MARQUIS �i—__ luTiolelil�m=M_� 4 i�iF�00 Page /1 of Page /1 of Q•�� ' a I E��•JG.I�1Cli COUNCIL MEETING OF: /IfO d 4y-l-- v� 9 M S V JOHNSON' MOLLOY 14 BOYLE PORTER SMALLEY MOORE ELDRIDGE MARQUIS P aza 9'(,(�o M S V JOHNSON' MOLLOYi BOYLE PORTER SMALLEY L MOORE / Al ELDRIDGE MARQUIS d Q14,== !leY s4�li. /tLa�fG/?3�t.2a6.lRA�e ="0 WE WARM 14 r�rr..rl.- _ I m Niue al 0 COUNCIL MEETING OF: i/ � � 1 N ELDRIDGE M s v JOHNSON MOLLOY BOYLE PORTER SMALLEY DGE UIS Page of 7 M s v IJOHNSON'r TESTIMONY SIGN -IN SHEET lo 'Y/ I I I ai ra-i)lfj) For Vice Mayor: Council Member Council Member Council Member Council Member VOTE TALLIES: For Vice Mayor: Council Member Council Member Council Member Council Member VOTE TALLIES: For Vice Mayor: Council Member Council Member Council Member Council Member Votes: F Votes: Votes: Votes: Votes: Votes: Votes: Votes: Votes: Votes: Votes: Votes: PA0116 t No changes. REQUESTED ADDITIONS/CHANGES TO THE PACKET 1,421#16 .10:4#2:3�'A item D-f: • Substitute Joint Resolution No. 2009-01 (suggested by Council Members Boyle, Molloy, and Smalley) MOLLOY • 10/3/09 Governor Parnell letter to Alaska Board of Fisheries CITY MANAGER • 11/2109 D. Kramer email transmission related to Board of Fisheries Meeting MOLLOY • 11/2/09 K. Tarbox email transmission Related to Board of Fisheries Meeting CITY MANAGER CONSENT AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 4, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. ELECTION OF VICE MAYOR 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2452-2009 -- Increasing Estimated Revenues and Appropriations by $110,278 in the Capital Projects Management Fund for the Establishment of the Fund ......................................... 1 2. Ordinance No. 2453-2009 -Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund - Library Staff Travel Funded by a State of Alaska Department of Education & Early Development - Division of Libraries, Archives and Museums Grant .............................. 5 3. Ordinance No. 2454-2009 -Increasing Estimated Revenues and Appropriations by $14,924 in the General Fund - Library for a Grant Received from the Rasmuson Foundation for the Purchase of Laptop Computers and Equipment for the Library Laptop Lending Program ...................... 7 4. Ordinance No. 2455-2009 -- Enacting KMC 14.20.235 to Establish a Process and Standards for the Siting, Construction, and Operation of Wind Energy Systems (Wind Turbines) as Permitted Secondary Uses and Accessory Structures..................................................... 9 5. Resolution No. 2009-65 -- Adopting an Alternative Allocation Method for the FY10 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area...... 20 6. Resolution No. 2009-66 -- Authorizing City of Kenai Mayor Porter to Sign City of Kenai, City of Soldotna, and Kenai Peninsula Borough Joint Resolution No. 2009-01, Requesting the Board of Fisheries to Reconsider its Decision Not to Hold the 2011 Board of Fisheries Meeting in the Kenai/ Soldotna Area........ 22 ITEM E: MINUTES 1. *Regular Meeting of October 21, 2009.............................................................. 39 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified.......................................................................................... 58 2. Approval of Purchase Orders Exceeding$15,000.............................................. 59 3. Approval -- Vacation/Public Road Easement/Government Lot 93 -- Rex D. & Caren A. Bennett and Jason D. West & H.E. Hawkins, Kenai, Alaska......... 62 4. Discussion -- Council Commission/Committee Assignments ............... 78 5. Discussion -- Dip Net Report ....................................... 79 100ame. • • • r 1. Council on Aging............................................................................................ 2. Airport Commission........................................................................................ 3. Harbor Commission....................................................................................... 4. Library Commission....................................................................................... 5. Parks & Recreation Commission.................................................................... . 6. Planning Sa Zoning Commission...................................................................... 7. Miscellaneous Commissions and Committees a. Beautification Committee........................................................................... b. Alaska Municipal League Report................................................................. c. Mini -Grant Steering Committee.................................................................. d. Advisory Cemetery Committee.................................................................... e. Kenai Convention& Visitors Bureau........................................................... f. Reports of KPB Assembly, Legislators and Councils ...................................... 111 122 123 126 ITEM I: REPORT OF THE MAYOR ........................................................ ITEM J: ADMINISTRATION REPORTS 1. City Manager................................................................................................. 129 2. City Attorney.................................................................................................. 141 3. City Clerk...................................................................................................... 142 ITEM K: DISCU, 1. Citizens (five minutes) 2. Council ITEM L: FENDING 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 -- Financial Affairs of the City. ITEM M: ADJOURNMENT INFORMATION ITEMS NOVEMBER 4, 2009 Page No. 1. Purchase Orders Between $2,500 and $15,000 for council review. 143 2. Letter to Governor Parnell from Kenai Area Fisherman's Coalition. 144 3. Letter to Mayor Porter regarding Donation to Lu Young Fund. 147 4. Letter to City Manager from Tesoro Alaska Company. 148 5. Information from Council Member Molloy regarding Alaska Coastal Communities Global Climate Change Compact. 149 << CITY VY` Suggested by: Administration KENAI LIICGL�O� BOF K n.NC81 KENAALASKA ORDINANCE NO. 2452-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $110,278 IN THE CAPITAL PROJECTS MANAGEMENT FUND FOR THE ESTABLISHMENT OF THE FUND. WHEREAS, the City of Kenai has recently committed to hiring a Capital Projects Manager to oversee the City's projects; and, WHEREAS, the creation of an internal service fund to account for the expenses and billings for the position will assure projects are charged for the actual cost of managing the project including personnel, operating supplies, and equipment; and, WHEREAS, costs will be recovered from the various projects based upon a calculated billing rate plus a charge for the department vehicle to be determined annually based upon the department budget. NOW, THEREFORE; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Capital Projects Management Fund Increase Estimated Revenues: Charge for Services $91,716 Charge for Equipment 8,000 State Grants 10,562 $1 10,,7$ Increase Appropriations: Salaries $55,158 Overtime 2,400 Leave 5,181 Medicare 910 PERS 23,225 Unemployment 314 Workers Compensation 489 Health & Life Insurance 8,040 Supplemental Retirement 561 Office Supplies 500 Operating Supplies 2,500 Small Tools 3,500 Computer Software 1,000 Communications 500 Insurance S00 Repair & Maintenance 1,000 Miscellaneous 500 New Test Underlined; (DELETED TEXT BRACKETED] 11 Ordinance No. 2152-2009 Page 2 of 2 Depreciation 4,000 $ 110.2?8. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of November, 2009, ATTEST: Carol L. Freas, City Clerk Approved by Finance: __:^ "- PAT PORTER, MAYOR Introduced: October 21, 2009 Adopted: November 4, 2009 Effective: November 4, 2009 New'Cext Underlined; [DELETED TEXT BRACKETED] K "Village witk a Past, C# ivA a Fatare FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX 907-283-3014 ItE RI1 S[(A I " To: ,From: Rick Koch, City Manager Terry Eubank, Finance Director Date; October 15, 2009 Re: Creation and budget establishment for the Capital Project Management Fund With the authorization to hire a Capital Projects Manager comes the need to establish a fund to account for the expenses of the position and to account for the reimbursement charged to the projects being managed. Proposed Ordinance 2452-2009 will create an internal service fund to account for the expenses and revenues of the position. Internal service funds are used to account for funds that provide goods and services to other funds on a cost -reimbursement basis, Total costs for the remainder of fiscal year 2010 are expected to be $110,278 and include everything from payroll related expenses as well as equipment needs for the department. It is being proposed to purchase a computer and printer for the new position as well as a vehicle for use by the manager. Similar to purchases from the equipment replacement fund, a separate resolution will be prepared to authorize the purchase of the departments vehicle. The cost of the vehicle to be nu,r.haaed will he recovered over a five --at nPrin .due to its cost. Other costs of the department will be recovered in the year incurred. Funding for the fund will be from charges to projects being managed for both manager time and rental of the department vehicle as well as grant funds from the State of Alaska for Public Employee Retirement System on behalf funding, Funding for PERS on behalf is expected to be $10,562 or 18.35% of budgeted wages subject to PERS. Equipment reimbursement is based upon recovering the cost of a $20,000 vehicle with annual operating cost of $8,000 for fuel, insurance, and maintenance. Expected recovery is $1,000 per month and will be allocated to projects based upon hours billed each month. Charge for services is based upon total department costs less PERS on behalf reimbursement and vehicle costs. This net amount will be divided by the available billable hours in a year (typically total work hours less holidays and expected vacation days, training hours, etc.). For the remainder of fiscal year 2010 the project billing rate will be $67.04 per hour as shown in the following calculation: 93 Total Department Budget $ 110,278 (Less Vehicle Recovery) (8,000) (Less PERS Grant) 1( 0,562) Total to be recovered $_21a7L6 (Cost to be recovered divided by available hours) $91,716/1,368 hours = $67.04 per hour Recovery in subsequent years will be adjusted based upon over or under recovery in the preceding fiscal year. As this is the first year there is no under or over recovery adjustment, 2 Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,500 IN THE GENERAL FUND - LIBRARY STAFF TRAVEL FUNDED BY A STATE OF ALASKA DEPARTMENT OF EDUCATION & EARLY DEVELOPMENT - DIVISION OF LIBRARIES, ARCHIVES & MUSEUMS GRANT. WHEREAS, the City of Kenai received a grant in the amount of $1,500 from the State of Alaska Department of Education & Early Development - Division of Libraries, Archives & Museums for attendance at the Public Libraries Association (PLA) Conference to be held in Portland, Oregon; and, WHEREAS, the educational, networking and vendor contact opportunities available at the PLA are outstanding; and, WHEREAS, it is in the best interest of the City of Kenai to provide its employees with such opportunities to enhance their abilities to provide public service. 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: State Grants $1,500 increase Appropriations: General Fund - Library Travel & Transportation $1,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5tr day of November, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: October 21, 2009 Adopted: November 4, 2009 Effective: November 4, 2009 New "ext Underlined; (DELFTED'I'rMiiZACKETEDI 5 "Klla�e witk a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 YLnANOY Telephone: 907-283-75351 FAX: 907-283-3014 I1111 1 1992 TO: Rick Koch FROM: Mary Jo Joiner DATE: October 13, 2009 SUBJECT: Ordinance for staff travel Pursuant to the announcement below, Julie Niederhauser applied for a grant from the Alaska State Library to attend the Public Library Association conference in 2010 and has received the grant for $1,500 to cover conference expenses that include registration fees, travel and lodging. The Alaska State Library is pleased to announce a competitive grant for financial aid to a limited number of public library staff members so they may attend the Public Library Association National Conference in Portland, OR March 23-27, 2010. The bi- annual PLA National Conference is one of the best venues for public library people to keep up with current developments in libraries. It is a wonderful opportunity to learn about emerging technologies, speak to vendors and publishers in person, and best of all, to learn from each other. Any public library staff member who has never attended a Public Library Association National Conference is eligible to apply for this grant. The main criteria are eagerness to participate and learn from peers and experts at a national conference, potential to benefit from participation, and support from your administration. Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $14,924 IN THE GENERAL FUND - LIBRARY FOR A GRANT RECEIVED FROM THE RASMUSON FOUNDATION FOR THE PURCHASE OF LAPTOP COMPUTERS AND EQUIPMENT FOR THE LIBRARY LAPTOP LENDING PROGRAM. WHEREAS, the City of Kenai received a grant in the amount of $14,924 from the Rasmuson Foundation for the purchase of fifteen laptop computers, a mobile computing station, and associated hardware/software that will be the basis of the library's new laptop lending program; and, WHEREAS, the laptop lending program will allow library users to borrow a laptop computer for use within the library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant 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: General. Fund Increase Estimated Revenues: Other Grants $14,924 Increase Appropriations: General Fund - Library Small Tools $14,924 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5rh day of November, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Z %"z-- Introduced: October 21, 2009 Adopted: November 4, 2009 Effective: November 4, 2009 New Text Underlined; (DEL ETED TEXT R t/'llaye Wall a mast C# W1411 a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 F�„ -> Telephone: 907-283-7535 / FAX: 907-283-3014 i11lil 1991 fire a'e� o� ENAI, ALASKA MEMO* TO: Rick Koch FROM: Mary Jo Joiner DATE: October 13, 2009 SUBJECT: Ordinance regarding Rasmuson Tier 1 Grant The library received notification that our Tier I grant application with the Rasmuson Foundation has been funded. This is an in-house Library Lending Laptop program that we modeled on a successful pilot project conducted last year and ongoing at the Anchorage Public Library. The grant is for $14,924 which will fund the purchase of 15 laptops and a charging station to hold them. The Anchorage Public Library has shared the policies and IiabiIity forms that they wrote as part of their program. These will be presented to the Library Commission and come to Council for approval before the program becomes active. The laptops that will be purchased were specified in the grant application. Competitive bids for their purchase will be obtained. The Alaska Library Network has been able to negotiate rates on group purchase of machines as more libraries institute these programs. The laptop computers will access the internet via our wireless network and have the advantage over desktop computers in that we do not need to designate specific floor space and wiring to use them. They also enable the staff of the library to conduct classes anywhere in the library to a larger number of students. We are currently limited to attendance in most classes of approximately 6 students. the afv of Suggested by: Planning & Zoning CITY OF KENAI ORDINANCE NO. 2455-2009 AN ORDINANCE OF THE CITY OF KENAI ENACTING KMC 14.20.235 TO ESTABLISH A PROCESS AND STANDARDS FOR THE SITING, CONSTRUCTION, AND OPERATION OF WIND ENERGY SYSTEMS (WIND TURBINES) AS PERMITTED SECONDARY USES AND ACCESSORY STRUCTURES. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the use of wind energy systems is increasing; and, WHEREAS, the use of wind energy systems is not addressed in the Kenai Zoning Code; and, WHEREAS, the City recognizes that wind energy can be a low-cost, clean source of energy and desires to allow as a secondary, use, wind energy systems where the systems are used primarily for providing energy to support the primary use of the property on which a system is located; and, WHEREAS, the intent of this ordinance is to establish a process for locating and constructing wind energy systems, along with standards for the construction and operation of such systems, where the systems are secondary uses to established principal uses on the parcel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, A,.A$nFi, tiittt, the City ui ncuai Code of viuuitulecs is ucrcGy airieiiaeu by aocxirig a new section to be numbered KMC 14.20.235 which shall read as follows: 14.20.235 Wind Turbines (a) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1) "Wind Energy System" means a system designed as a secondary, accessory use to existing principal uses and to existing buildings or facilities on a parcel, wherein the power generated is used primarily for consumption on the same parcel on which it is located. The system consists of a wind turbine and associated controls and may include a tower. (2) "Hub Height' means the distance measured from ground level to the center of the wind turbine hub. (3) "Total Height' means the distance measured from ground level to the highest point of any blade of the turbine. Ordinance No. 2455-2009 Page 2 of 6 (4) "Wind Turbine" means a device which converts the kinetic energy of the wind into a rotational energy transmitted through a drive train to a generator and where the generated electricity can be connected directly to the load or feed. (b) Lot and Zoning Requirements. (1) Wind energy systems shall be allowed as secondary uses on lots that are a minimum of 20,000 square feet. Any deviation from the lot size restriction may be approved through the issuance of a conditional use permit. (2) The following types of wind energy systems are allowed as a secondary use in the associated zoning districts: (A) Monopole, roof, and vertical access systems in the RR, RR-1, RS, RS1, RS2, RU, CC, LC, CMU, and TSH Districts. In these zoning districts, no more than one wind energy system shall be permitted per parcel unless the owner applies for and is granted a conditional use permit. (B) Monopole, guyed, lattice, vertical access, and roof systems in the CG, ED, R, IL, IH, and C Districts. In these zoning districts, no more than two wind energy systems shall be permitted per parcel unless the owner applies for and is granted a conditional use permit. (c) Building Permit Application Requirements. Building permits shall be obtained for any wind energy system prior to construction and installation of the system. Building permit applications are reviewed under Title 4 of this Code. The Planning Department shall review each permit application for compliance with the requirements of this section. The applicant shall provide documentation that the wind energy systems meet the design requirements of this section, or provide a conditional use permit approved by the City, as part of a building permit application. (d) Development and Design Requirements. (1) The requirements of this ordinance shall apply to all wind energy systems proposed after the effective date of this ordinance. Any deviation from the design requirements of this ordinance may be approved through the issuance of a conditional use permit. (2) Building permit applications must include foundation plans designed for the installation location of the wind energy system and be stamped by an engineer licensed in the State of Alaska. (3) All wind energy systems shall conform to the applicable uniform codes contained in Title 4 of the Kenai Municipal Code. Ordinance No. 2455-2009 Page 3 of 6 (4) The turbine to be constructed as a component of the wind energy system must be approved by the Small Wind Certification Program recognized by the American Wind Energy Association (AWEA) or any another accredited organization such as the Small Wind Certification Council, National Wind Technology Certification Center, or the U.S. Department of Energy, National Renewable Energy Laboratory or must be certified by a professional mechanical engineer licensed in the State of Alaska as a system that meets or exceeds industry safety standards for small wind energy systems. (5) No wind energy system shall be installed until evidence has been given that the electrical utility company has been informed of, and approved, the customer's intent to install an interconnected customer -owned generator. Off -grid systems are exempt from this requirement. (6) The permitted height shall be measured from the preexisting natural grade to the center of the turbine hub for horizontal and vertical systems. The height limitation for wind energy systems for secondary use or allowed by conditional use are as follows: (A) In the RR, RR-1, RS, RS1, RS2, RU, CC, LC, CMU, and TSH Districts the total height of the system cannot exceed 80 feet. (B) In the CG, ED, R, IL, and C Districts wind energy systems with total height not exceeding 150 feet may be permitted; total height exceeding 150 feet requires a conditional use permit. (C) In the IH District wind energy system with total height not exceeding 300 feet may be permitted; total height exceeding 300 feet requires a conditional use permit. (D) Total height limitation near the Kenai Municipal Airport. Regardless of zone, v47nd ea,ergy, o'y's temo'^ a�.r aft -approach zones and 'w"♦thin Cigiit thousand feet (8,000) feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA -approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. No conditional use may be granted that deviates from this requirement. (7) Minimum blade ground clearance in all zoning districts is fifteen feet (15). (8) All portions of any wind energy system, including guy wires and other anchors, shall comply with the setback standards for the principal use of the subject parcel as shown on the Development Requirements Table. No part of the wind energy system structure may extend into any access or utility easements. (9) All portions of the wind energy system shall be a non -reflective, non - obtrusive color, subject to the approval of the City Planner. Typically, towers supporting systems shall not be finished in bright or vivid colors. The appearance of the turbines, towers, and any other related components Ordinance No. 2455-2009 Page 4 of 6 shall be maintained throughout the life of the wind energy system pursuant to industry standards. (10) No part of the wind energy system, including any supporting structures, shall be used for advertising of any kind. Wind energy systems shall not be artificially illuminated unless required by a state or federal agency. (11) For roof -mounted wind energy systems, the owner must provide the City with certification from an engineer licensed in the State of Alaska that the roof is built to accommodate the system. (12) Wind energy systems shall not be climbable up to fifteen feet above the ground surface unless the system is secured in a fenced area with a minimum of a 6-foot high fence. This requirement does not apply to roof - mounted wind energy systems. (13) The electrical collection system shall be installed underground. The electrical connection system may be placed overhead near substations or points of interconnection to the electric grid. (14) Wind energy systems shall be designed, installed, and operated so that noise generated by the system shall not exceed fifty decibels (50 dB), as measured five (5) feet above ground level at the closest property line to the system; except, the sound level may be exceeded during short-term events including utility outages and/or severe wind storms. (e) Maintenance. Wind energy systems shall be erected and maintained plumb, level, and true and shall be repaired, painted, and maintained in accordance with this ordinance, any manufacturer's recommendations and instructions, and with industry standards for. sma..1vird energy sytThe Q. Olan or thcr a esa ee may Icy� �u� order the repair or removal of any wind energy system that is not maintained in accordance with this section. (f) Nuisances; Removal. (1) Any wind energy system that is not operated on a functional basis for a period of 180 consecutive days is hereby declared, unlawful, abandoned, and a public nuisance. In addition to other remedies provided by this Chapter, the nuisance may be restrained, enjoined, or otherwise abated by the City. (2) Demolition permits are required before a person removes a wind energy system. The permit shall require the entire system be removed (foundations to below natural grade, collection, connection, and transmission equipment) at the owner's sole expense. (g) Enforcement; Abatement. Ordinance No. 2455-2009 Page 5 of 6 (1) Failure to maintain a wind energy system is a violation of this Chapter and subject to the penalties of KMC 14.20.260. (2) The City may issue an enforcement order under KM 14.20.260 for the repair or removal of any wind energy system that is not operated on a functional basis for a period of 180 consecutive days or where the wind energy system becomes an immediate hazard to the safety of person or property due to emergency circumstances. Emergency circumstances include natural or manmade disasters or accidents, or when the owner or other person responsible for the system refuses to remedy a hazard. (3) Where the system presents no immediate hazard to health or safety, the owner shall repair or remove the system within thirty (30) days of receipt of notification of the enforcement order. Upon agreement in writing that the owner will comply with an enforcement order to repair or remove the system if allowed additional time, the City may grant an extension of time within which to abate the public nuisance, if the City determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. If the wind energy system is not operational or is not removed after thirty (30) days from the date of notification of the enforcement order, or after the time of any extension provided, the City may remove the system at the owner's expense. (4) Where the City identifies an immediate health or safety hazard, and when the owner or other person responsible for the system is either not available to immediately remedy the hazard or refuses to remedy the hazard, the City may enter upon the property and disconnect, dismantle, or otherwise remove any wind energy system. The City shall attempt to notify any owner or other person responsible for the system of such action within forty-eight (48) hours. For purposes of this section, notice is effective the earlier of posting the notice on the property, personal delivery, or upon receipt, if sent by certified mail. (5) The costs and expenses incurred by the City in abatement of any health and/or safety hazard or of any nuisance as defined in subsection (f) shall be chargeable to the owner, and levied and collected as property taxes are levied and collected and/or may be collected in a civil action by the City. (6) A person aggrieved by an enforcement order may appeal that order under KMC 14.20.290. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of November, 2009. PAT PORTER, MAYOR Ordinance No. 2455-2009 Page 6 of 6 ATTEST: Carol L. Freas, City Clerk Introduced: October 21, 2009 Adopted: November 4, 2009 Effective: December 4, 2009 CITY OF KENAI \\ the tyof PLANNING AND ZONING COMMISSION KENA�ALASKA RESOLUTION NO. PZ09-46 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC 14.20.235 TO ESTABLISH A PROCESS AND STANDARDS FOR THE SITING, CONSTRUCTION, AND OPERATION OF WIND ENERGY SYSTEMS (WIND TURBINES) AS PERMITTED SECONDARY USES AND ACCESSORY STRUCTURES. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the use of wind energy systems is increasing; and, WHEREAS, the use of wind energy systems is not addressed in the Kenai Zoning Code; and, WHEREAS, the City recognizes that wind energy can be a low-cost, clean source of energy and desires to allow as a secondary, use, wind energy systems where the systems are used primarily for providing energy to support the primary use of the property on which a system is located; and, WHEREAS, the intent of this ordinance is to establish a process for locating and constructing wind energy systems, along with standards for the construction and operation of such systems, where the systems are secondary uses to established principal uses on the parcel. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend the City of Kenai Code of Ordinances by adding a new section to be numbered KMC 14.20.235 which shalt read as follows: (a) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1) "Wind Energy System" means a system designed as a secondary, accessory use to existing principal uses and to existing buildings or facilities on a parcel, wherein the power generated is used primarily for consumption on the same parcel on which it is located. The system consists of a wind turbine and associated controls and may include a tower. (2) "Hub Height" means the distance measured from ground level to the center of the wind turbine hub. m Resolution PZ00-46 Page 2 of 5 (3) `Total Height" means the distance measured from ground level to the highest point of any blade of the turbine. (4) "Wind Turbine" means a device which converts the kinetic energy of the wind into a rotational energy transmitted through a drivetrain to a generator and where the generated electricity can be connected directly to the load or feed. (b) Lot and Zoning Requirements. (1) Wind energy systems shall be allowed as secondary uses on lots that are a minimum of 20,000 square feet. Any deviation from the lot size restriction may be approved through the issuance of a conditional use permit. (2) The following types of wind energy systems are allowed as a secondary use in the associated zoning districts: (A) Monopole, roof, and vertical access systems in the RR, RR-1, RS, RSl, RS2, RUi CC, LC, CMU, and TSH Districts. In these zoning districts, no more than one wind energy system shall be permitted per parcel unless the owner applies for and is granted a conditional use permit. (B) Monopole, guyed, lattice, vertical access, and roof systems in the CG, ED, R, IL, hH, and C Districts. In these zoning districts, no more than two wind energy systems shall be permitted per parcel unless the owner applies for and is granted a conditional use permit. (e) Building Permit Application Requirements. Building permits shall be obtained for any wind energy system prior to construction and installation of the system. Building permit applications are reviewed under Title 4 of this Code. The Plnnnin6 T'DPnartmPnt ehail rPtriewr Pnrh ri � rmit nnnliention for compliance with the �r— ------- ___ requirements of this section. The applicant shall provide documentation that the wind energy systems meet the design requirements of this section, or provide a conditional use permit approved by the City, as part of a building permit application. (d) Development and Design Requirements. (1) The requirements of this ordinance shall apply to all wind energy systems proposed after the effective date of this ordinance. Any deviation from the design requirements of this ordinance may be approved through the issuance of a conditional use permit. (2) Building permit applications must include foundation plans designed for the installation location of the wind energy system and be stamped by an engineer licensed in the State of Alaska. M Resolution PZ09-46 Page 3 of 5 (3) All wind energy systems shall conform to the applicable uniform codes contained in Title 4 of the Kenai Municipal Code. (4) The turbine to be constructed as a component of the wind energy system must be approved by the Small Wind Certification Program recognized by the American Wind Energy Association (AWEA) or any another accredited organization such as the Small Wind Certification Council, National Wind Technology Certification Center, or the U.S. Department of Energy, National Renewable Energy Laboratory or must be certified by a professional mechanical engineer licensed in the State of Alaska as a system that meets or exceeds industry safety standards for small wind energy systems. (5) No wind energy system shall be installed until evidence has been given that the electrical utility company has been informed of, and approved; the customer's intent to install an interconnected customer -owned generator. Off -grid systems are exempt from this requirement. (6) The permitted height shall be measured from the preexisting natural grade to the center of the turbine hub for horizontal and vertical systems. The height limitation for wind energy systems for secondary use or allowed by conditional use are as follows; (A) In the RR, RR-1, RS, RS1, RS2, RU, CC, LC, CMU, and TSH Districts the total height of the system cannot exceed 80 feet. (B) In the CG, ED, R. IL, IH, and C Districts wind energy systems with total height not exceeding 150 feet may be permitted; total height exceeding 150 feet requires a conditional use permit. (C) In the IH District wind energy system with total height not exceeding 300 feet may be permitted; total height exceeding 300 feet requires a conditional use permit. (D) Total height limitation near the Kenai Municipal Airport, Regardless of zone, wind energy systems in aircraft -approach zones and within eight thousand feet (8,000) feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current I^ AA -approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. No conditional use may be granted that deviates from this requirement. (7) Minimum blade ground clearance in ail zoning districts is fifteen feet (15'). (8) All portions of any wind energy system, including guy wires and other anchors, shall comply with the setback standards for the principal use of the subject parcel as shown on the Development Requirements Table. No part of the wind energy system structure may extend into any access or utility easements. (9) All portions of the wind energy system shall be a non -reflective, non - obtrusive color, subject to the approval of the City Planner. Typically, towers supporting systems shall not be finished in bright or vivid colors. The 17 Resolution PZ00-46 Page 4 of 5 appearance of the turbines, towers, and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. (10) No part of the wind energy system, including any supporting structures, shall be used for advertising of any kind. Wind energy systems shall not be artificially illuminated unless required by a state or federal agency. (11) For roof -mounted wind energy systems, the owner roust provide the City with certification from an engineer licensed in the State of Alaska that the roof is built to accommodate the system. (12) Wind energy systems shall not be climbable up to fifteen feet above the ground surface unless the system is secured in a fenced area with a minimum of a 6-foot high fence. This requirement does not apply to roof - mounted wind energy systems. (13) The electrical collection system shall be installed underground. The electrical connection system may be placed overhead near substations or points of interconnection to the electric grid. (14) Wind energy systems shall be designed, installed, and operated so that noise generated by the system shall not exceed fifty decibels (50 dB), as measured five (5) feet above ground level at the closest property line to the system; except, the sound level may be exceeded during short-term events including utility outages and/or severe wind storms. (e) Maintenance. Wind energy systems shall be erected and maintained plumb, level, and true and shall be repaired, painted, and maintained in accordance with this ordinance, any manufacturer's recommendations and instructions, and with industry standards for small wind energy systems. The City Planner or their designee may order the repair or removal of any wind energy system that is not maintained in accordance with this section. (f) Nuisances; Removal. (1) Any wind energy system that is not operated on a functional basis for a period of 180 consecutive days is hereby declared, unlawful, abandoned, and a public nuisance. In addition to other remedies provided by this Chapter, the nuisance may be restrained, enjoined, or otherwise abated by the City. (2) Demolition permits are required before a person removes a wind energy system. The permit shall require the entire system be removed (foundations to below natural grade, collection, connection, and transmission equipment) at the owner's sole expense. (g) Enforcement; Abatement. W Resolution PZ09-46 Page 5 of 5 (1) Failure to maintain a. wind energy system is a violation of this Chapter and subject to the penalties of KMC 14.20260, (2) The City may issue an enforcement order under KM 14.20.260 for the repair or removal of any wind energy system that is not operated on a functional basis for a period of 180 consecutive days or where the wind energy system becomes an immediate hazard to the safety of person or property due to emergency circumstances. Emergency circumstances include natural or manmade disasters or accidents, or when the owner or other person responsible for the system refuses to remedy a hazard. (3) Where the system presents no immediate hazard to health or safety, the owner shall repair or remove the system within thirty (30) days of receipt of notification of the enforcement order. Upon agreement in writing that the owner will comply with an enforcement order to repair or remove the system if allowed additional time, the City may grant an extension of time within which to abate the public nuisance, if City determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. If the wind energy system is not operational or is not removed after thirty (30) days from the date of notification of the enforcement order, or after the time of any extension provided, the City may remove the system at the owner's expense. (4) Where the City identifies an immediate health or safety hazard, and when the owner or other person responsible for the system is either not available to immediately remedy the hazard or refuses to remedy the hazard, the City may enter upon the property and disconnect, dismantle, or otherwise remove any wind energy system. The City shall attempt to notify any owner or other person responsible for the system of such action within forty-eight (48) hours. For purposes of this section, notice is effective the earlier of posting the notice on the property, personal delivery, or upon receipt, if sent by certified mail_, (5) The costs and expenses incurred by the City in abatement of any health and/or safety hazard or of any nuisance as defined in subsection (f) shall be chargeable to the owner, and levied and collected as property taxes are levied and collected and/or may be collected in a civil action by the City. (6) A person aggrieved by an enforcement order may appeal that order under KMC 14,20,290. PASSEL? BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 14th day of October 2009. %` CHAIRMAN 110 <1k CITY OF KENAI Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FYI.0 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN THE COOK INLET FISHERIES MANAGEMENT AREA. WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY 10 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2008 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community and Economic Development, and WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Community and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Kenai proposes to use an alternative allocation method for allocation of FY10 funding available within Cook Inlet Fisheries Management Area in agreement with all other municipalities in this area participating in the FYYlu" Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that by this resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2008 of fisheries business activity in Cook Inlet Fisheries Management Area. Alternative Allocation Method: The program total allocation shall be divided in two parts. One part shall be allocated to the eligible municipalities equally and the other part according to population. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this forth day of November, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: —- PAT PORTER, MAYOR m i� "!/illaye we°t% a bast Cc� with a Frfture" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ) Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 �Yte G4i�Ur EAI, ALA SKA To: Rick Koch, City Manager if From: Terry Eubank, Finance Director Date: October 29, 2009 Re: Resolution 2009-65. A resolution selecting an alternate allocation method for Share Fisheries Business Tax, The City receives revenue from the State of Alaska for fish tax collected by the State in two different methods. The Department of Revenue (DOR) distributes "Raw Fish Tax", 'fisheries business taxes, Fishery resource landing taxes, salmon marketing tax, and other seafood taxes from licensed seafood processors, floating processors, and seafood exporters, to eligible municipalities as prescribed in AS 43.77,060. The City's FY2010 share was $209,988.87 and was based upon 2008 collections by the DOR. The second method the City receives fish tax revenue is through the Alaska Department of Commerce Community and Economic Development (ADCCED). ADCCED receives 50% of the undistributed Raw Fish Tax from the DOR to distribute through a program know as the Shared Fisheries Business Tax Program. For the Cook Inlet Fisheries Management Area, which the City is apart of, the amount to be distributed this fiscal year totals $57,946. Eight canit7unities Will receive a portion of that amount. There are two methods of allocation for the Shaved Fisheries Business Tax. The first method involves a lengthy application process in which the applicants must'.show the impact to their local community of the fishing industry. Once impact is shown, half of the total amount to be distributed ($28,973 for FY2010) is divided equally amongst the communities and the remaining half is distributed based upon the impact shown in their application. The second method permits all communities in Fisheries Management Area to elect an alternate method of allocation. This alternate method eliminates the lengthy community application process. Since inception of the Share Fisheries Business Tax Program in fiscal year 1992, the communities of the Cook Inlet Fisheries Management Area have selected the alternate allocation method. A resolution like 2009-65 has been adopted every year since fiscal year 1992 and is a required step to elect the alternate allocation method. The alternate method elected by the Cook Inlet Fisheries Management Area includes and equal distribution of one half the total ($28,973 for FY2010) and the remaining half is distributed based upon population of the community. The eight communities in the Cook Inlet Fisheries Management Area are Anchorage, Homer, Kachemak, Kenai, Kenai Peninsula. Borough, Seldovia, Seward, and Soldotna. I estimate Kenai will receive a total of $4,188.93 under the alternate allocation method for FY2010. 21 Suggested by: Administration \\ =peaty°f CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THHE CITY OF KENAI, ALASKA, AUTHORIZING CITY OF KENAI MAYOR PORTER TO SIGN CITY OF KENAI, CITY OF SOLDOTNA, AND KENAI PENINSULA BOROUGH JOINT RESOLUTION NO. 2009-01, REQUESTING THE BOARD OF FISHERIES TO RECONSIDER ITS DECISION NOT TO BOLD THE 2011 BOARD OF FISHERIES MEETING IN THE KENAI/SOLDOTNA AREA. WHEREAS, on October 29, 2009 the Kenai City Manager forwarded Joint Resolution 2009-01 to be considered by the Councils of the Cities of Kenai and Soldotna, and the Assembly of the Kenai Peninsula Borough: and, WHEREAS, it is in the best interests of the Kenai Peninsula that the Board of Fisheries reconsider its decision not to hold the 2011 Board of Fisheries meeting in the Kenai/Soldotna area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF'IHE CITY OF KENAI, ALASKA. that Mayor Pat Porter is authorized to sign City of Kenai, City of Soldotna, and Kenai Peninsula Borough Joint Resolution 2009-01 requesting the Board of Fisheries reconsider its decision not to hold the 2011 Board of Fisheries meeting in the Kenai/Soldotna Area. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of November, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk —� /` Approved by Finance: Nm Tent Underlined; [DELETED TEXT BRACKETED] P "'Killiage with a Past, C# wdk a Fay are 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 lill�l !992 Meu�yof KENAI, ALASKA INS 101 a Ell TO: City Council FROM: Rick Koch DATE: October 29, 2009 SUBJECT: Joint Resolution 2009-01 and Resolution 2009-66 The purpose of this correspondence is to discuss the above referenced resolutions regarding the 2011 Board of Fisheries (BOF) meeting. During the week of October 12"' the BOF met in Anchorage for a work session. One of the issues to be decided was where to hold the 2011 Board of Fisheries meeting. The Mayors of the Cities of Kenai and Soldotna sent letters to encourage the BOF to hold its meeting in the Kenai/Soldotna area. The last time a meeting was held in our area was in 1999. In advance of the BOF work session, one of the board members published comments regarding the KenaitSoldotna area and the BOF's experience at the '1999 meeting. As is generally the case there is a thread of truth even in the grandestt embellishments, and the attached articles from the Valley Frontiersman are consistent in that regard. The BOF decided not to hold its 2011 meeting in the Kenai/Soldotna area but instead once again chose Anchorage. The joint resolution requests the BOF reconsider its choice and the companion resolution provides the authority for Mayor Porter to sign the joint resolution. For your information, I have attached the following documents: A. State of Alaska Factsheet — Board of Fisheries B. Office of Boards & Commissions Roster — Board of Fisheries C. Frontiersman —Plenty on Work Session Agenda 23 D. Frontiersman — Clarifying the Board of Fisheries Debate E. E-mail from Dwight Kramer to Governor Parnell w/attached letter Thank you for your attention in this matter. CITY OF KENAI CITY OF SOLDOTNA KENAI PENINSULA BOROUGH JOINT RESOLUTION NO.2009-01 A RESOLUTION OF THE COUNCILS OF THE CITY OF KENAI AND THE CITY OF SOLDOTNA, AND THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH, REQUESTING THAT THE BOARD OF FISHERIES RECONSIDER ITS DECISION NOT TO HOLD THE 2011 BOARD OF FISHERIES MEETING IN THE KENAI/SOLDOTNA AREA. WHEREAS, the Kenai Peninsula Borough, the City of Kenai, and the City of Soldotna, have respectfully requested that the Board of Fisheries hold its 2011 meeting in the Kenai Peninsula Borough, specifically in the Kenai/Soldotna area; and, WHEREAS, 1999 was the last time a Board of Fisheries meeting was held in the Kenai/Soldotna area; and, WHEREAS, over eighty percent (80%) of the proposals up for discussion will be for the Kenai and Kasilof Rivers, and direct off shore waters; and, WHEREAS, residents of the Kenai Peninsula must incur substantial travel and lodging costs to attend a Board of Fisheries meeting in Anchorage which would prevent them from attending the 2011 Board of Fisheries meeting; and, WHEREAS, it would be beneficial for the Board of Fisheries to hear testimony from residents of the Central Kenai Peninsula area and visit areas affected by its decisions; and, WHEREAS, in the Kenai/Soldotna area, there are quality facilities for public meetings, lodging, restaurants and accommodations; and information on facilities, hotels, and restaurants can be obtained from the Kenai Peninsula Tourism marketing Council, the Kenai Convention & Visitors Bureau, the Soldotna Chamber of Commerce, and the Kenai Chamber of Commerce; and, WHEREAS, the financial benefit to businesses on the Kenai Peninsula if the Board of Fisheries meeting is held in the KenaiSoldotna area would be substantial during a period of the year when business is slow; and, WHEREAS, a member of the Board of Fisheries, published connments that were inaccurate and argumentative in an effort to convince the Board of Fisheries not to hold its 2011 meeting in the Kenai/Soldotna area; and, Joint Resolution No. 2009-01 Page 2 WHEREAS, despite the requests of the three (3) local municipal governments, the hardship on the Kenai Peninsula residents, and the availability of quality public meeting facilities, hotels, and restaurants in the Kenai/Soldotna area, the Board of Fisheries voted to hold its 2011, meeting in Anchorage. WHEREAS, no communication has been received from the Board of Fisheries explaining why the invitation from the Kenai Peninsula Borough and the Cities of Kenai and Soldotna was declined; and, NOW THEREFORE, BE IT RESOLVED, the City of Kenai, the City of Soldotna, and the Kenai Peninsula Borough request that the Board of Fisheries reconsider its decision not to hold the 2011 Board of Fisheries meeting in the Kenai/Soldotna area. m Joint Resolution No, 2009-01 Page 3 Dated: This day of November, 2009 ATTEST: Carol L Freas, City Clerk ATTEST: Teresa Fahning, City Clerk ATTEST: Johni Blankenship, Borough Clerk CITY OF KENAI PAT PORTER, MAYOR CITY OF SOLDOTNA PETER A. MICCICHE, MAYOR KENAI PENINSULA BOROUGH PETE SPRAGUE, ASSEMBLY PRESIDENT 27 CITY F Nt1I CITY OF SOLDOTNA JOINT RESOLUTION NO.2009-01 A RESOLUTION OF THE COUNCILS OF THE CITY OF KENAI AND THE CITY OF SOLDOINA, AND THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH, REQUESTING THE BOARD OF FISHERIES RECONSIDER ITS DECISION NOT TO HOLD THE 2011 BOARD OF FISHERIES MEETING IN THE KENAI/SOLDOTNA AREA. WHEREAS, the Kenai Peninsula Borough, the City of Kenai, and the City of Soldotna, have respectfully requested the Board of Fisheries hold its 2011 meeting in the Kenai Peninsula Borough, specifically in the Kenai/Soldotna area; and, WHEREAS, 1999 was thelast time a Board of Fisheries meeting was held in the Kenai/Soldotna area; and, WHEREAS, over eighty percent (80%) of the proposals up for discussion will be for the Kenai and Kasilof Rivers and direct off -shore waters; and, WHEREAS, residents of the Kenai Peninsula must incur substantial travel and lodging costs to attend a Board of Fisheries meeting in Anchorage which would prevent them from attending the 2011 Board of Fisheries meeting; and, WNFRFAS it would be beneficial for the Board of Fisheries to hear testimony from residents of the Central Kenai Peninsula area and visit areas affected by its decisions; and, WHEREAS, in the Kenai/Soldotna area, there are quality facilities for public meetings, lodging, restaurants and accommodations; and information on facilities, hotels, and restaurants can be obtained from the Kenai Peninsula Tourism Marketing Council, the Kenai Convention & Visitors Bureau, the Soldotna Chamber of Commerce, and the Kenai Chamber of Commerce; and, WHEREAS, the financial benefit to businesses on the Kenai Peninsula if the Board of Fisheries meeting is held in the Kenai/Soldotna area would be substantial during a period of the year when business is slow; and, WHEREAS, despite the requests of the three (3) local municipal governments, the hardship on the Kenai Peninsula residents, and the availability of quality public meeting facilities, hotels, and restaurants in the Kenai/Soldoma area, the Board of Fisheries voted to hold its 2011 meeting in Anchorage; and, JOINT RESOLUTION NO.2009-01 Page 2 WHEREAS, no communication has been received from the Board of Fisheries explaining why the invitation from the Kenai Peninsula Borough and the Cities of Kenai and Soldotna was declined; and, WHEREAS, the perception of Kenai Peninsula residents is that inaccurate and argumentative comments about residents of the Kenai Peninsula published in the media on October 12, 200S influenced the Board of Fisheries to decline to hold its 2011 Upper Cook Inlet meeting in the Kenai/Soldotna area. NOW THEREFORE, BE IT RESOLVED, the City of Kenai, the City of Soldotna, and the Kenai Peninsula Borough request the Board of Fisheries reconsider its decision and hold the 2011 Upper Cook Inlet Board of Fisheries meeting in the Kenai/Soldotna area. Dated: This day of November, 2009 CITY OF KENAI PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk CITY OF SOLDOTNA PETER A. MICCICHE, MAYOR ATTEST: Teresa Fahning, City Clerk KENAI PENINSULA BOROUGH PETE SPRAGUE, ASSEMBLY PRESIDENT ATTEST: Johni Blankenship, Borough Clerk ST.,'M CAP1101, PO G)[)0001 Iu euu, AI Sk 9h I 1 000I 907 46S 3500 a, 9()7 465-3332 Governor Seam Parnell October 30, 2009 Mr. Vince Webster Chainnan Alaska Board of Fisheries P.O. Box 115526 .Juneau, AK 99811 Re: Regulatory Board of Fish Meetings Dear Chairman Webster and Board Members, u 0{t si.7t 1 , #f!00 Anil rage, Alk Qci 99>01 9 )7-?69 7450 Qsx 901 26 i.7 4g3 swue.�;� z1 siv.�or � ;T.a'nma i i,M tnv I am writing to personally request that the Alaska Board of Fisheries schedule and hold your regulatory meetings in the region of Alaska most affected by your actions. As you know, one of the strengths of the Board of Fisheries' process is that it relies on input from the public to make informed decisions. In order for Alaska residents that depend on fisheries for subsistence, personal use, recreation, and commercial purposes to have the best possible avenue to provide their input to the board, regulatory meetings should be held in the affected region. I appreciate the efforts made by the board to hold regional listening sessions when the board meeting is scheduled elsewhere. However, these sessions are not a complete substitute for the opportunity to participate fully in a meeting, give oral public continents, and serve on board Comm The 'i'— rime -- expense required for 11r.i Alaskan ♦i'aiteri%ci"i to travel el to i1IlChorage for regulatory meetings is daunting at best and discourages participation. In closing, I value your service on the Alaska Board of Fisheries. I appreciate the personal sacrifice and dedication your service provides to the people and resources of Alaska. Sine -, f Sean Parnell Governor cc: The Honorable Lyman Hoffman, Alaska State Senate The Honorable Bryce Edgmon, Alaska State House of Representatives The Honorable Daniel O'Hara, Mayor, Bristol Bay Borough Robin Samuelson, President and Chief Hxecutive Office, .Bristol Bay Economic Development Corporation Joseph Chythlook, Board Chairman, Bristol Bay Native Corporation The Honorable Denby Lloyd, Commissioner, Department of Fish and Game. Carol Freas From: Bob Molloy [bob@molloyforcouncil.com] Sent: Tuesday, November 03, 2009 8:18 AM To: Carol Frees Cc: Mayor Porter; Rick Koch; Dwight Kramer; Corene Hall Subject: Fwd: 2011 Board of Fisheries Meeting, Joint Resolution IS, I W-04 I Mr. Kramer confirmed to me that he wanted his email comments to be a lay down on this agenda item. Thank you for youjr assistance. Begin forwarded message: From: Dwight Kramer <dwimar@gci.net> Date: November 2, 2009 4:14:30 PM AST To: Rick Koch <rkoch@ci.kenai.ak.us>, pal2gary@hotmail.com, lsemrtens@ci.soldotna.ak.us, Mayor Dave Carey <dcarey@borough.kenai.ak.us>, peter.a.micciche@conocophillips.com, Barry Eldridge <barry_eldridge@yahoo.com>, Bob Molloy <bob@molloyforcouncil.com>, Hal Smalley <bvsmalley@yahoo.com>, Joe Moore <cpajoe@altrogco.com>, Mike Boyle <mboyle@alaska.com>, Patricia Porter <kenaimayorl0@msn.com>, Ryan Marquis <ryan@marquisforkenai.com>, Dwight Kramer <dwimar@gci.net> Subject: Re: 2011 Board of Fisheries Meeting, Joint Resolution E Thank you for sending me your latest revision of the resolution. It looks fine except I worry that most readers will not have seen the original opinion piece that the resolution speaks to or the agregious wording referenced. I would suggest that a previous whereas would brings that back into play for easy reference. Why leave it up to chance that someone considering this resolution has the facts behind its existence? I would add; WHEREAS, A Board of Fisheries member's written media comments stated, in part, "...the last meeting held in that area resulted in physical threats against board members," and questioned "Have the residents of the Kenai Peninsula progressed beyond that `bullying' stage to where a meeting on contentious issues can happen without threats of physical violence?" Also, so that you and other council members have some additional background on this issue I am including below excerpts of an e-mail I sent back to Mr. Delo in response to an e-mail that I received from him wondering why I took exception to his comments when he wrote to me, "that was NOT a news article -- it was an opinion column — there is a significant difference between the two;" responded with; Hello Howard, You stated that, "l) it was not a news article - it was an opinion column - there is a significant difference between the two. " Do I take this to mean that an opinion piece does not have to be factual? In your article you stated that there were physical threats against board members and that a heavy trooper presence was needed to keep the rest of the meeting civil. Neither of these statements were factual and result in an impression to the reader that embellishes the situation to make it much worse that it was. The facts are that there was a heated discussion between a person that testified and an individual from another user group. Threats were made and the troopers responded. They talked to the aggressor about his conduct and left, end of story. I suspect incidents such as this happen occasionally at other BOF meetings throughout various locations. The sad part is that this single incident has been repeated over the years as a successful strategy used by special interests to keep the meeting away from the Kenai area. By you embellishing the incident with inaccurate information builds on it for future reference by your readers. I would think that it would be especially important for a board member to research all of the facts before releasing anything to the media that may influence the outcome of an issue to be considered by the board. Also, when you questioned whether, "residents of the Kenai Peninsula have progressed beyond the "bullying" stage", you stereotyped all of us who live here as bullies past and possibly present. Can you see where this would be insulting and viewed as a direct attempt to tarnish the reputation of our area residents where the BOF is concerned? On the first day of the work session 1 spoke to a new member about the aspects of holding a meeting in the Kenai area. His response was that he had heard that the Kenai area was a hostile location for such a meeting and he was not interested in attending a meeting where hostilities might occur. After this discussion I knew the fix was in. Then I talked to you and you indicated that you would not support the Kenai location because it would be political suicide for you in the MATSU. Last time I checked, board members were chosen to provide a diversity of interests and points of view, not to represent a specific location. Your obligations to this process are to represent all Alaskans fairly. I hope this helps you have abetter understanding about the impacts of this article on the outcome of the boards decission and how important it is that we all work together to end this shroud of "hostile" implications that is used against our area everytime this comes up before the board for consideration. Thank you, the City of Kenai, for taking this on and good luck in your deliberations. Dwight Kramer Kenai Carol Freas From: Rick Koch Sent: Tuesday, November 03, 2009 8:44 AM To: Carol Frees Subject: FW: 2011 Board of Fisheries Meeting, Joint Resolution Carol, Please include in the lay -down. Thanks Rick R. Koch City Manager City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907)283-8222 (907)398-0190 From: Ken & Connie Tarbox [mailto:tarbox@ptialaska.net] Sent: Monday, November 02, 2009 10:57 PM To: Dwight Kramer; Ryan Marquis; Mayor Porter; Mike Boyle; Joe Moore; Hal Smalley; Bob Malloy; Barry Eldridge; peter.a.micciche@conocophillips.com; Mayor Dave Carey; Isemmens@ci.soldotna.ak.us; pal2gary@hotmail.com; Rick Koch Subject: 2011 Board of Fisheries Meeting, Joint Resolution I would like to let everyone know that I appreciate the support the cities and Brough have done on this issue. I am not able to make the Kenai City Council meeting on Wedensday because of other committements but hope the resolution passes. The following statement was made by Mr. Delo to Mr. Kramer in a recent email about having the October 2010 work session in Kenai: This was an attempt to get the board back down on the Kenai and back into the Central District thick of things. Call it a "testing the waters" approach to scheduling future regulatory meetings in your area. I find this comment insulting to our communities. I guess Kenai and Soldotna now have to pass a litmus test by the Board of Fish to hold a regulatory meeting here. If we pass in October 2010 we may get a regulatory meeting? No other part of the State of Alaska has this criteria and for Mr. Delo to imply we need such a test shows a complete lack of objectivity for our communities. If he is speaking for the Board of Fish then we have a serious issue to deal with at the Governor level. How that happens I will let our representatives from local government deal with but we need to defend our honor as safe and civil communities who do not need to pass any litmus test set up by a Mat -Su advocate on the Board of Fish. Sorry for the tone of these comments but I am mad as hell about someone saying these negative comments about our neighbors and the characterization of our communities as bullies. Boards and Commissions Factsheet - Governor Sean Parnell Page 1 of 1 Home I Newsroom f Photos I Contacts/Locations ; Sio I Email Governor Governorr final Beards & Commissions s !Pta 0 E Al thka a Gave LoY euardn and. Co,nrwsafons Governor s Office Fisheries -_._ I Office of the Lt. Governor Board: Beard of Fisheries boards and Commissions ; Administrative Orders ° Proclamations Board Sdenfi'8e:ntion number: 037 " Management and budget t Governor's elography Department: DEPARTMEOiT OF FISH AND GAME Official Portraits Contacts/Locate) S Au homy; AS 16,05,221 �S Status: Active +.+inks v� r Stntus of the Flags Sunset date: a Alaska Statehood Celebration Commission Requironuti ts: Legislative Gontirmahan and Flnandil Disclosure S Aeaska Gasllne Inducement Act PruhF¢rYior ; Non. ' Human R7 hts Commission r Alaska Export Repeat Homeland Security (PMVAI Termr S years t Find Gasllne Jobs (notwni > Stimulus Plan Into Ioan) ?iamr^riction: 7 me;rnbars appointed by Governor: residents of the >taf4, appointed without ` Energy Erfldency o0a) rE,Card to political afaiiation or geographfcai Iodation of reeldenoe; Commissioner of the Dept. of Ron and Game is not a member, but serves no ex-officio secretary. Appointments must be done by April let. Terms begin July 1, Function: Coraorvaflon and development of Hendry resources, Chain Board selects. SpecfaP facwu: Fieguiatoly; Cuorum - majority of the members of the board; may be removed only for ineft'icionoy, neglect of dtify, or inisconduai in office (AS 16,0 6.280), Statute requires doarc3 to hold at least one MQGhng a year whore Lire board ordeals time and place. May hold of least one meeting per year with the Beard of Came in joint sesshm. Historically meets four tirnes each year, for a total of approximately 50-65 days. Joint Boards of Fisheries, and Game historically meet for approximately 7 15 days each year. May meet at any tune upon the call or the commissioner or upon the requoaf of two board members. Compensation is based on sairanf soi'iedule for Juneau. Compensation: Standard bavei ,ant'. Per Diern, Menge 20A forboard meetings; 1/2 Fiends 20A far tithe r rnigs, Meatiergs: 1-listorlcsaliy meets 4 titnooLyoar, 'total .` 0-% days; Joint F&G Boards meet approximately 7-15 days. Far further inform'atian nontatn; Mr. James Marcotte Executive Director Board of Fisheries, Boards Support Section ADF&G, P 0, Box 25526, M/S I lto Juneau Aar, 99602 5526 hhai e (PO-/j 465-6095. FAX (90'7) 465-6094 -isheries F(csler Go to the Fisheries Home page We apprecfat:e your interest in boards and commissions, Forfurther information canmct the boards and armmissomt staff as. (907) 465 35oO or at boards 0 alaska. gov. _ ALASKA.GOV- Governor- SRae1q,- fhntaclsA.una=inns- Enrol Gam or http://gov.state.ak.us/boards/factshect.php?i=037 28 10/26/2009 FISHERIES (037) Member Office of Boards and Commissions Roster FISHERIES (037) Date Appointed Reappointed William S. Brown 3/12/2009 Public 9150 Skywood Lane Juneau, AK 99801 Howard Delo 6/30/2007 Public P.O. Box 520707 Big Lake, AK 99652 John E.Jensen 1/20/2003 Public P.O. Box 681 Petersburg, AK 99833 Karl S. Johnstone 12/5/2008 Public Anchorage, AK 99516 Denby S. Lloyd 12/4/2006 Commissioner/Fish and Game/ex-offieio secretary Department of Fish and Game P.O. Box 115526 Juneau, AK 99811 Melvan E. Morris 1/20/2003 Public M and M Marketing 917 Mill Bay Road Kodiak, AK 996I5 Claude V. Webster 7/l/2007 Public P.O. Box 121 King Salmon, AK 99613 Janet L. Woods 7/22/2009 Public 5101 Electra Avenue Fairbanks, AK 99709 ,Return to the fact sheet 3/12/2008 7/l/2009 3/12/2008 Page I of I Term Expires 6/30/2011 6/30/2010 6/30/2011 6/30/2012 6/30/2011 6/30/2010 6/30/2012 EXHIBIT— http://www.gov.state.ak.us/boards/rosters/board03777,,httml 10/26/2009 Sports : Plenty on work session agenda - Frontiersman Page 1 of 6 Last Updated on Monday, Oct 1.2, 2009 - 08:06:51 pm AKDT Fr2nfiersman.com Wasilla, Alaska j Saturday, October 24, 2009 Edition im*,�mMYxwurt cu HomeLo 1rN 3QpinB(1!1S )r1 FiiiiiVa /�_ifQPtx4osS�?y,Cf I .G.` ....7 %st itfYtS l<dSEiecis�'kbolitLs Search o b° nch2 a` q AiasLz en RB er Fishing Relieve Knee Pain At 3 AK Alaska Airlines Official Site, Flight, Id class salmon fishing. Fop Locations Better Health Pain & Vacation & Hotel Deals, gui Book your trip today. Wellness Ctrs vu , kp.Ail- Im6ows3n, .- nci cwn wvrvv.Ge�ei ¢Fa ea_s.:xce:m -... 11:41:27 AM " :)Partly Clou Tempe re: 42°F Hi °F : 37•F Plenty on work session agenda EXHIBIT Co Pa By Howard Dole Outdoors Published on Mondrry, October 12, 2009 8:06 PHI.! KDT As you read this, the Alaska Board of Fisheries will be meeting in Anchorage in their annual worts session to lay out and plan this year's set of meetings and decide when and where to hold next year's sessions. littp://www.frontiersman.com/articlesl2009ll Ol12/sp�tts/mat—su-outdoorsldoe4ad3 fb82178... 10/24/2009 Sports : Plenty on work session agenda - Frontiersman Page 2 of 6 As meetings go, these work sessions are not generally barnburners, but stuff does come up which can be quite interesting to specific groups of stakeholders in fisheries across the state. If there are some "sticky" issues between, say, the BOF and the Alaska Department of Fish and Game, the work session is a good time to work through and resolve whatever the particular issue might be. So, if you decide to attend all or part of this work session being held at the Hilton Hotel, what sorts of things can you expect to hear? This is the meeting where ADF&G presents their lists of recommended escapement goal changes and stocks of concern for the fisheries to be discussed that eyele. This year's cycle involves Bristol Bay, the Arctic-Yukon-Kuskokwim Region, the Alaska Peninsula and Aleutian Islands Management Area, and the Statewide Finfish meeting. The BOF will also look at several restructuring proposals. These are proposals which, if adopted, would tend to change or have a significant effect on the specific fishery they target. For instance, a proposal which will he deliberated during the Bristol Bay meeting involves eliminating the 32-toot limit for the drift gill net boats which operate in that fishery. C u$ b Pc4lIR'✓SS A e..._ r r.. n.vn. Generally, when a proposal has been identified as a restructuring proposal, the board asks the proposer to fell out an additional form which requests much more detail than the standard proposal form. During this work session, the BOF will determine if all tlee pertinent information necessary to deliberate the various proposals has been provided by the respective proposer. Another item the board addresses is what is called an agenda change request or ACR. These are usually proposals which are out of cycle, but which the proposers feel are important enough to warrant the board's review during this set of meetings. The board will decide whether or not to accept the ACR's and, if so, which meeting to schedule them into. Some of the ACR's the board will be reviewing involve fisheries most residents of the Mat -Su probably would not be too concerned with, for instance, changing the boundaries for king and Tanner crab fishing in the Bering Sea District or a summer commercial Dungeness crab fishery in Southeast Alaska. Other ACR's will be quite interesting to local residents. One ACR involves asking the board to develop a process which allows the Kenai dip net fishery to be closed in times when there is a concern about making the escapement for sockeye in the Kenai River. There are procedures to deal with the commercial and sports fisheries under these conditions, but not the personal use dip net fishery. A second ACR which could be of interest to valley residents in a broader context involves tying the commercial harvest levels of black cod in Southeast to the sports fishery bag and annual limits for the same species. If the commercial harvest quota is reduced, the sports fish bag limit would also bereduced by a similar margin. If adopted, this general concept could be applied in reverse to the Northern District commercial king salmon set gill net fishery in times when the forecasted king returns are bad, as they have been for the past few years, and significant restrictions are placed on the in -river users. As I wrote in this column a few weeks ago, just choosing the location of a BOF regulatory meeting can become quite contentions. The dates and locations for next year's slate of meetings will be determined at this work session. The Upper Cook Inlet BOF meeting is part of next year's cycle. This meeting always has contentions issues argued between the various Cook Inlet user groups. For the pact several meetings, the meeting http://www.frontiersman,comlarticlesl2009/10112lsp4ri/mat_su-outdoorsldoe4ad3fb82178... 1.0,124/2009 Sports : Plenty on work session agenda - Frontiersman Page 3 of 6 location has been in Anchorage, which is considered to be accessible for all interested parties. However, the Kenai Peninsula folks do incur more costs to attend a meeting in Anchorage than; say, folios from the valley. We can commute while the folks from the Peninsula are forced to rent a hotel room. This can become a burden to the "average" person wanting to have their input considered in the board process. The City of Kenai has requested that the BOF hold the next Upper Cook Inlet meeting in Kenai. That should spark some interesting discussion! As I understand things, the reason the board has not held a meeting in either Kenai or Soldotna for the past several cycles was because the last meeting held in that area resulted in physical threats against board members. According to the stories I've heard, troopers were called in and essentially ended up having to maintain a heavy presence to keep the remaining portions of the meeting civil. Have the residents of the Kenai Peninsula progressed beyond that "bullying" stage to where a meeting on contentious issues can happen without threats and physical violence? I don't know. They may have an uphill battle to convince the board they have changed. Iloward. Delo is a retired fisheries biologist with the Alaska Department of Fish and Game. You can leave him a message by e-mailing;,gsa iLs,, tS°FAmakaee�sy:djc& aw,. © 2009 Frontiersman No comments WRITE A COM ENT Use the form below to post a brief comme o this story, or res d to other readers. Please use the word count tool to assist you in keeping your remar o l00 wor r fewer. Comments must be approved by an editor before comments periodically during the day for offensi contribution to the online discussion is aonre ' e Name: Email: (optional) on the Web site. Editors review submitted iie content before posting. Your thoughtful http://www.frontiersman.com articles/2009/10/12/sr`orft/maat_su-outdoors/doe4ad3fb82178... 10/24/2009 By Howard Delo Outdoors Published on Monday, October 19, 2009 8:31 PM AKDT I want to follow up on the comments I made at the end of last week's column. I don't want to leave anyone with the impression that folks on the Kenai Peninsula are any different than folks from around the rest of the state. This issue of where to hold a Board of Fisheries meeting has a long history of contentious debate in several areas of the state. In talking with the board's executive director, I've learned that the issue of where to hold a meeting probably began with the formation of the board itself. My first year on the board involved Cook Inlet meetings, both Lower and Upper, the Kodiak and Chignik meetings, and the King and Tanner Crab meeting. The dates and locations had been set the year before and I don't remember much concern being expressed over the locations. The Lower Cook Inlet meeting was held in Homer; the Kodiak meeting was in Kodiak; and the Chignik meeting was in Anchorage, as were the Upper Cook Inlet and King and Tanner Crab meetings. The BOF has a history of rotating meetings for a given area or region between various host cities within that area or region that are capable of supporting such a meeting. The exception has been including the Anchorage location for several areas. For many of the major fisheries across the state, a large number of the stakeholders do not live in the (5107) 37 -0417 C;licV t erE, fcr- more; informt' fi -01 specific region or area and Anchorage art.w ally s "�a.V' 1XI111*1,0111 111 x. e f ' �,, '.. becomes a convenient "middle ground" to accommodate these folks every other cycle or so. My first exposure to the contentiousness of location came when the BOF voted to hold the Prince William Sound (PWS) meeting in Valdez. The discussion revolved around the level of accommodations available and the ability of the host community to provide what the board considered to be necessary services. The City of Cordova felt slighted and made a concerted effort to get the board to relocate the meeting. The BOF reconsidered and moved the meeting to Cordova. While the meeting went off with no major problems, I must admit the accommodations were marginal and "second class" to the facilities and accommodations the board has W experienced in other locations — and no, I'm not talking about Anchorage here. Many of these small, sea coast fishing communities tend to "close up" after the fishing seasons are over and the tourists have left. Cordova had one restaurant that was open year- round. The hotel I stayed in was nice, but had no Internet or phone service in the rooms. A single phone in the lobby provided our telecommunications needs, as long as you had a calling card to make long-distance calls. To access the Internet, you took your laptop and sat in the lobby to log on to the very limited range wireless they had available. The next location issue surfaced when the board was deciding where to hold the Bristol Bav meeting. As I have commented before, I think the board was ready to go with King Salmon until they were told the community had lost the only facility suitable for a meeting of this nature to fire. Since the previous meeting had been in Dillingham, the board voted for Anchorage to accommodate the stakeholders coming from around Alaska and the Lower 45 to attend. We've discussed the firestorm that decision ignited in previous columns. At this just completed work session, the BOF was once again deciding where to hold the Cook Inlet, Kodiak, Chignik, and King and Tanner Crab meetings. Homer was given the nod again for the Lower Cook Inlet meeting. To my knowledge, there are no other communities in that area capable of supporting a board meeting. Anchorage, once again, was picked for the Chignik and King and Tanner Crab meetings. For these two meetings, Anchorage actually seems to be the preferred location for the stakeholders involved. The town of Kodiak was again chosen to host the Kodiak meeting. The board was told that Kodiak had just opened a new community center which had good facilities to host such a meeting. Other than having to deal with the infamous Kodiak weather, Kodiak has everything required to comfortably host a board meeting. The Upper Cook Inlet meeting was again given to Anchorage, in spite of the City of Kenai's request to hold it there. The vote was 2-5 against Kenai. Why? I'm not sure. Perhaps board members see Anchorage as the closest thing to "middle ground" between holding the meeting in the Mat -Su cities of Wasilla or Palmer or on the Kenai Peninsula in either Kenai or Soldotna. Something I haven't mentioned yet is that the board holds a work session meeting every year before the regulatory meetings get underway. The board voted to hold next ,year's work session in Kenai. Next year, two of the six meetings scheduled, and one of the two Cook Inlet meetings for the cycle will happen in communities on the Kenai Peninsula. That's not too bad. Perhaps the time has come for the board to institute a set rotational schedule for meetings around the state. It might reduce some of the bickering. Howard. Delo is a retired fisheries biologist with the Alaska Department of Fish and Game. You can leave him a message by e-mailing snorts@€rontiersman.com. rage_ _ Ct. 34 Rick Koch From: Dwight Kramer [dwimar@gci.net] Sent: Sunday, October 25, 2009 5:56 PM To: Gov. Sean Parnell Cc: Tom Wagoner; Rep. Mike Chenault; Rep, Kurt Olson; Paul Seaton; Lloyd, Denby S (DFG); Cora Campbell; Jason Hooley; Mayor Dave Carey; Mayor Porter; Mayor Peter Micciche; Rick Koch Subject: Devisive and Questionable Behavior by BOF Member Howard Bello Attachments: KAFC Letter to Gov. Parnell Regarding BOF Member Dello.doc Dear Governor Parnell, Attached you will find an advance copy of a letter from the Kenai Area Fisherman's Coalition describing recent actions taken by BOF member Howard Dello in an effort to raise fear in the minds of fellow board members by promoting the idea that the Kenai / Soldotna area was an unsafe location to hold the 2011 Upper Cook Inlet BOF meeting. Largely based on rumors concurrent with Mr. Dello's actions the board voted 5-2 to reject the Kenai / Soldotna location even though over 80% of the proposals up for discussion will be for the Kenai / Kasilof Rivers and direct off -shore waters. We feel the divisive nature of his comments were uncalled for and were inappropriate for a board member that Is appointed to represent all citizens of our state. Please see our letter for further details and suggested actions in this matter. Respectfully Submitted, Dwight Kramer Chairman KAFC 283.1054 Kenai Area Fisherman's Coalition. Governor Sean Parnell P.O. Box 110001 Juneau, Ak. 99811-0001 Dear Governor Parnell, Oct. 26, 2009 The Kenai Area Fisherman's Coalition (KAFC) is composed of scientists and fishers from the Kenai Peninsula area who want to see good science and appropriate management techniques used in State of Alaska fisheries. We also want to see a fair process in the allocation of resources between user groups. In this context we have some serious concerns about the recent October 2009 work session meeting of the Board of Fisheries, and in particular one Board member who has insulted some communities of the Kenai Peninsula and their residents. The BOF work session had on the agenda a request from our group, the Cities of Kenai and Soldotna, and the Kenai Peninsula Borough to hold the 2011 BOF meeting in the Kenai / Soldotna area. The last time a meeting of the full BOF on Upper Cook Inlet issues was held in our community was in 1999. In contrast, holding the last three meetings in Anchorage gave the citizens of Anchorage and the Mat/Su easy access to the Board process. Participants from our communities had to travel over winter roads and incur significant costs to participate. Therefore, the request to have the 2011 meeting on the Kenai Peninsula was not an unreasonable one. However, it appears that Board member Howard Delo felt obligated to present his views prior to the BOF meeting and further insult folks in our communities by writing a negative op-ed piece in the Mat -Su Valley Frontiersman newspaper. Mr. Delo wrote the following: As I wrote in this column a few weeks ago, Just choosing the location of a BOF regulatory meeting can become quite contentious. The dates and locations for next year's slate of meetings will, be determined at this work session. The Upper Cook Inlet 730E meeting is part of next year's cycle. This meeting always has contentious issues argued between the various Cook Inlet user groups. For the past several meetings, the meeting location has been in Anchorage, which is considered to be accessible for all interested parties. However, the Kenai Peninsula folks do incur more costs to attend a meeting in Anchorage than, say, folks from the valley. We can commute while the fours from the Peninsula are forced to rent a hotel room. This can become a burden to the "average" person wanting to have their input considered in the board process. The City of Kenai has requested that the BOF hold the next Upper Cook Inlet meeting in Kenai. That should spark some interesting discussion! As I understand things, the reason the board has not held a meeting in either Kenai or Soldotna for the past de 9EW 36 tag several cycles was because the last meeting held in that area resulted in physical threats against board members. According to the stories I've heard, troopers were called in and essentially ended up having to maintain a heavy presence to keep the remaining portions of the meeting civil. Have the residents of the Kenai Peninsula progressed beyond that "bullying" stage to where a meeting on contentious issues can happen without threats and physical violence? I don't know. They may have an uphill battle to convince the board they have changed. Mr. Delo as a BOF member should be held accountable for such negative and false comments. The allegation of physcal'breats to BOF members is wrong. A single instance of one fisherman getting mad at another fishing group representive resulted in a brief, out of the room confrontation. The situation was quickly put to rest, without any physical contact. The troopers were called, however, they did not issue any citations nor did they stay for most of the meeting with a "heavy presence to keep remaining portions of the meeting civil. " Unfortunately, those who have political reasons for keeping the meetings out of the Kenai area continue to use this single 5 mintue event to justify not having meetings in the Kenai area. Further, Mr. Delo indicates that all residents of the Kenai Peninsula must learn to stop bullying. Is this the language and tone a BOF member should use when carrying out his duties to represent all of the State's residents fairly? We think not, and question whether Mr. Delo can be fair and objective when dealing with Kenai Peninsula issues. To add further insult, Mr. Delo was 'informed of the Kenai Peninsula reaction to his negative, sterotypical comments about residents of the Kenai Peninsula and wrote a second article following the Board meeting The Upper Cook Inlet meeting was again given to Anchorage, in spite of the City of Kenai's request to hold it there. The vote was 2-5 against Kenai. Why? I'm. not sure. Perhaps board members see Anchorage as the closest thing to "middle ground" between holding the meeting in the Mat -Su cities of Wasilla or Palmer or on the Kenai Peninsula in either Kenai or Soldotna. Something I haven't mentioned yet is that the board holds a work session meeting every year before the regulatory meetings get underway. The board voted to hold next year's work session in Kenai. A'ext year, two of the six meetings scheduled, and one of the two Cook Inlet meetings for the cycle will happen in communities on. the Kenai Peninsula. That's not too bad. Perhaps the time has come for the board to institute a set rotational schedule,for meetings around the state. It might reduce some of the bickering. Does Mr. Delo think that the citizens of the Kenai. Peninsula will be satisfied with this mis-statement and outright mis-direction of the issue? First Mr. Delo knows full well why the Board voted not to have the meeting on the Kenai Peninsula. He and his valley neighbors want a meeting close to their homes to protect their special interests. Mr. Delo voted against having the meeting on the Kenai Peninsula yet he does not state his reasons in his article. Second, Mr. Deno set the stage for the physical violence issue with his article and comments to BOF members. New BOF members mentioned this to our representative at the meeting as the main concern they had about the Kenai 1 Soldotna location. HI 37�' Third, from conversations with BOF members and staff it was obvious to our representative that a pre -arranged decision had been made prior to any formal vote. This was obvious when the BOF was not even going to discuss the issue and just vote until one Board member realized that without minimal discussion it would look like a deal had been struck off the public record. The fact these behind the closed doors discussions by BOF members continues to take place should be a concern to all citizens of this State, let alone the Peninsula. The idea of an October work session on the Kenai Peninsula was a token thrown ttz the hopes of stopping open discussion of the BOF process and Mr. Delo's biased view of the Kenai Peninsula. The work session allows no public comment, no regulatory actions can be taken, and as was evident in Mr. Delo's article, is being used to quell dissatisfaction and provide rationale for a pre-concieved decision. Citizens of the Kenai Peninsula are not stupid and we know a sham when we see one. Therefore, it is our hope and desire that you remove Mr. Delo from the BOF at the earliest opportunity. His term is up in June ?A 10 and we would request that he be removed prior to that date or at a minimum not be reappointed to the position he holds on the BOR Mr. Delo has demostrated that when the UCI meeting comes up in regulatory action he cannot be fair and unbiased. This is essential for UCI fisheries issues and the public good at large. Thank you for your consideration in this matter. Respectfully Submitted, Dwight Kramer Chairman KAFC cc: Sen. Tom Wagoner Rep. Mike Chenault Rep. Kurt Olson Rep. Paul Seaton Denby Lloyd, Commissioner ADF&Cs Cora Campbell, Fisheries Policy Advisor Jason Hooley, Du. Of Boards and Commissions Mayor Dave Carey, Kenai Peninsula Borough Mayor Pat Porter, City of Kenai Mayor Peter Micciche, City of Soldotna Rick Koch, Kenai City Manager M. /[r3�11i�71 I OCTOBER 21, 2009 rr AKENAI CITY COUNCIL CHAMBERS I. Pledge of Allegiance 2. Roll Call 3. CERTIFICATION OF ELECTION 4. ADMINISTER OATHS OF OFFICE 5. Agenda Approval 6. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2445-2009 -- Declaring Kenai Senior Center Dining Room Chairs Surplus and Obsolete and Authorizing Disposal by Donation. 2. Ordinance No. 2446-2009 -- Increasing Estimated Revenues and Appropriations in the Water and Sewer and Bridge Access Water and Sewer Extension Capital Projects Fund as Proceeds From the Alaska Department of Environmental Conservation. Alaska Clean Water Fund. 3. Ordinance No. 2447-2009 -- Increasing Estimated Revenues and Appropriations by $62,000 in the Dune Rehabilitation & Conservation Capital Project Fund for Installation of Protective Fencing Around Dune Habitat at the South Shore Mouth of the Kenai River, 4. Ordinance No. 2448-2009 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 5. Ordinance No. 2449-2009 -- Increasing Estimated Revenues and Appropriations by $26,000 in the General and Kenai Avenue Properties Capital Project Fund for Clearing of the Properties in Preparation for the Kenai Bluff Erosion Project. a. Substitute Ordinance No. 2449-2009 -- Increasing Estimated Revenues and Appropriations by 83,500 in the General Fund -- Land Administration for Cost Incurred for Maintaining Properties Foreclosed Upon for Non -Payment of Property Taxes. Ordinance No. 2450-2009 -- Increasing Estimated Revenues and Appropriations in the Water and Sewer and Bridge Access Water and Sewer Extension Capital Projects Fund as Proceeds From the Alaska Department of Environmental Conservation Alaska Drinking Water Fund. Ordinance No. 2451-2009 -- Increasing Estimated Revenues and Appropriations by $2,000,000 in the Kenai Bluff Stabilization Capital Projects Fund for a Grant Received From the State of Alaska Department of Commerce and Community and Economic Development. 8. Resolution No. 2009-61 -- Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2011. 9. Resolution No. 2009-62 -- Authorizing a Budget Transfer within the General Fund, Parks Department for Construction of a Foundation for a Donated Gazebo. 10. Resolution No. 2009-63 -- Authorizing Amendment of the Regulations of the Kenai Community Library to Change the Late Fee and Services Charge Schedules and to Make Typographical/Grammatical Revisions. 11. Resolution No. 2009-64 -- Approving the Purchase of Advertising in the 2010 Kenai Visitors Guide in the Amount of $10,000. 12, *Liquor License Renewal • Acapulco Mexican Restaurant ITEM E: MINUTES *Regular Meeting of October 7, 2009. ITEM G: NEW BUSINESS Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *'Ordinance No. 2452-2009 -- Increasing Estimated Revenues and Appropriations by $110,278 in the Capital Projects Management Fund for the Establishment of the Fund. 4. *Ordinance No. 2453-2009 -Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund - Library Staff Travel Funded by a State of Alaska Department of Education & Early Development - Division of Libraries, Archives and Museums Grant. 5. *Ordinance No. 2454-2009 -Increasing Estimated Revenues and Appropriations by $14,924 in the General Fund - Library for a Grant Received from the Rasmuson Foundation for the Purchase of Laptop Computers and Equipment for the Library Laptop Lending Program. 6. *Ordinance No. 2455-2009 -- Enacting KMC 14,20.235 to Establish a Process and Standards for the Siting, Construction, and Operation of Wind Energy Systems (Wind Turbines) as Permitted Secondary uses and Accessory Structures. 7. Approval -- Mutual Termination of Airport Terminal Lease -- Ginger Ribelin, d / b / a Ribelin Real Estate 8, Discussion -- 2009 Dip Net Report 9. Discussion -- Schedule Work Session/Management of North. Beach (motor vehicles, camping, camp fires, off -road vehicles) 10. Discussion -- Commissions/Committee -- Telephonic Meeting Participation 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 d, Advisory Cemetery Committee C. Kenai Convention & Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils City Manager Attorney City Clerk m 1. Citizens (five minutes) 2. Council ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2412-2009 -- Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. lClerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412-2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412-2009 is active.) M 10/21/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. Letter from Governor Sean Parnell dated October 2, 2009, 3. Letter from Mikunda, Cottrell and Company regarding ARRA grants. 4. Kenai River Special Management Area Advisory Board Agenda Planning and Zoning Resolutions -- Third Quarter 2009 Memorandum from Council Member Robert Molloy regarding Alaska Coastal Communities Global Climate Change Compact W OCTOBER 21, 2009 •• P.M. KENAI CITY COUNCIL CHAMBERS MAYOR •RPRESIDING] 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. Mayor Porter led those assembled in the Pledge of Allegiance. A-2. M�Fr7�1[iT�h The Acting City Clerk took roll. Present were: Robert Molloy Mike Boyle Pat Porter Mayar Joe Moore Barry Eldridge t Absent were; Council Members Rick Ross and Hal Smalley. A quorum was present. Student Representative Maya Johnson: Present Porter requested a motion to move the agenda approval to A-3. MOTION: Council Member Moore MOVED to move the agenda approval to A-3 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. A•3. Porter read the changes to the agenda: REMOVE: D-12 Liquor License Renewal ADD TO: A-3 Certification of Election -- Memorandum from Acting City Clerk 22 KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 2 D-11 Resolution No. 2009-64 Cost Estimates and Samples of Past Year's Ads Council Member Molloy MOVED to approve the Agenda as amended. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. A-4. CERTIFICATION OF ELECTION Acting City Clerk Hall read her memorandum to Council and read the Certification of Election into the record as follows: CITY OF KENAI REGULAR ELECTION OF OCTOBER 6, 2009 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 6, 2009. ABSENTEE (in -person, by -fax, personal needs, by - mail) AND QUESTIONED BALLOTS RECEIVED 214 ABSENTEE/QUESTIONED BALLOTS REJECTED 21 ABSENTEE/QUESTIONED BALLOTS COUNTED 193 POLL VOTER TURN OUT 1554 - 21.7% TOTAL VOTER TURN OUT 1 e47 - 35% NUMBER OF KENAI REGISTERED VOTERS 5102 wwwxaxw�.xxawwwwwwwwwwwwrwwwau:aww+:ewxwwewxwwxx+xwwxwww+wa;w+wwr:wwwwwrsww;;wwxnwxwww,e+wxw:w+aswwxwwwxwwv:wa+w+ • r- CANDIDATE POLL VOTES RECEIVED ABSENTEE, ETC. VOTES , RECEIVED TOTAL VOTES RECEIVED MOLLOY, Robert 6491 121 ' 770 MARQUIS, Ran 4621 691 531 NAVARRE, Tim 420 951 515 Write -Ins 23 1 31 26 -a-s •rsjLola a asp- KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 3 '• • s •-• • ••. NW�XCEIVED POLL ETC TOTAL VOTES•VOTES RECEIVEDRE RECEIVED VOTESYES n �. Council Member Moore MOVED to approve the Certification of Election and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. Council Members signed the Certification of Election. A-S. ADMINISTER OATHS OF OFFICE Mayor Porter administered the oath of office to Robert Molloy and Ryan Marquis. Molloy and Marquis took their seats on the dais. MOTION: Council Member Eldridge MOVED to approve the consent agenda and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS -- None Jim Butler, 1711 Kakcnu, Kenai -- Thanked Council for their letter of support for Kenai hosting the Board of Fisheries meeting and encouraged the City to monitor the policies of the board. • m KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 4 D-1. Ordinance No. 2445-2009 -- Declaring Kenai Senior Center Dining Room Chairs Surplus and Obsolete and Authorizing Disposal by Donation. Council Member Eldridge MOVED to adopt Ordinance No. 2445-2009 and Council Member Moore SECONDED the motion. The floor was opened to public hearing. Ed Steiner, 4192 Beaver Loop, Kenai -- Spoke in favor of the Ordinance, noting the chairs would offer years of service to other organizations. There being no one else wishing to speak, the public hearing was closed. There were no Council comments. flco Student Representative Johnson: YES Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Absent Moore Yes Eldridge Yes D-2. Ordinance No. 2446-2009 -- increasing Estimated Revenues and Appropriations in the Water and Sewer and Bridge Access Water and Sewer Extension Capital Projects Fund as Proceeds From the Alaska Department of Environmental Conservation Alaska Clean Water Fund. 16 1*1a�7i,�Q Council Member Eldridge MOVED to adopt Ordinance No. 2446-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: • Commended Administration on their work on this ordinance. s Noted there would be an informational gathering on October 22, 2009 at 6:00 p.m. in Council chambers. M KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 5 VOTE: *Student Representative Johnson: YES Marquis Yes Molloy Yes Boyle j Yes Porter Yes Smalley j Absent Moore 1 Yes Eldridge j Yes j D-3. Ordinance No. 2447.2009 -- Increasing Estimated Revenues and Appropriations by $62,000 in the Dune Rehabilitation & Conservation Capital Project Fund for Installation of Protective Fencing Around Dune Habitat at the South Shore Mouth of the Kenai River. Council Member Moore MOVED to enact Ordinance No. 2447-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. *Student Representative Johnson: YES MOTION PASSED. City Manager Koch thanked Parks and Recreation Director Frates for his work on this grant. D-4. Ordinance No. 2448-2009 -- Increasing Estimated Revenues and Appropriations by $50 000 in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2448-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. M KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 6 *Student Representative Johnson: YES Mar uis Yes I Molloy Yes Bo le Yes Porter Yes I Smalley 1 Absent Moore Yes Eldridge Yes I I MOTION MASSED UNANIMOUSLY. D-5. Ordinance No. 2449-2009 -- Increasing Estimated Revenues and Appropriations by $26,000 in the General and Kenai Avenue Properties Capital Project Fund for Clearing of the Properties in Preparation for the Kenai Bluff Erosion Project. Council Member Eldridge MOVED to amend Ordinance No. 2449-2009 by substitution with Ordinance No. 2449-2009, the substitute. Council Member Moore SECONDED the motion. LV s u• • • :iG r *Student Representative Johnson: YES Marquis Yes Molloy I Yes Boyle Yes l Porter Yes Smalley ; Absent Moore Yes Eldridge Yes D-5-a. Substitute Ordinance No. 2449-2009 -- Increasing Estimated Revenues and Appropriations by $3,500 in the General Fund -- Land Administration for Cost Incurred for Maintaining Properties Foreclosed Upon for Non -Payment of Property Taxes. The floor was opened for public hearing. There being no one ,,vishing to speak, the public hearing was closed: City Manager Koch reported costs were recovered by the City. *Student Representative Johnson: YES KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 7 Mar uis Yes J Molloy Yes Boyle Yes Porter Yes Smallev Absent Moore Yes Eldridge Yes D-5. Ordinance No. 2450.2009 -- Increasing Estimated Revenues and Appropriations in the Water and Sewer and Bridge Access Water and Sewer Extension Capital Projects Fund as Proceeds From the Alaska - Department of Environmental Conservation Alaska Drinking Water Fund. Council Member Eldridge MOVED to adopt Ordinance No. 2450-2009 and Council. Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Johnson: YES Marquis Yes Malloy I Yes Boyle Yes Porter .Yes Smalle I Absent Moore Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. D-7. Ordinance No. 2451-2009 -- Increasing Estimated Revenues and Appropriations by $2,000,000 in the Kenai Bluff Stabilization Capital Projects Fund for a Grant Received From the State of Alaska Department of Commerce and Community and Economic Development, IZ)430?J[63�ii Council Member Molloy MOVED to enact Ordinance No. 2451-2009 and Council Member Eldridge SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. Council commended Administration on their work on this ordinance. VOTE: *Student Representative Johnson: YES RE KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 8 Marquis j Yes ; Molloy Yes Boyle Yes ! Porter Yes Smalley Absent Moore Yes Eldridge Yes D-S. Resolution No. 2009-61 -- Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2011. MOTION: Council Member Eldridge MOVED to adopt Resolution No. 2009-61 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened for 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. D-9. Resolution No. 2009-62 -- Authorizing a Budget Transfer within the General Fund, Parks Department for Construction of a Foundation for a Donated Gazebo. Council Member Eldridge MOVED to approve Resolution No. 2009-62 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed, Council Member Moore requested Administration consider adding a roof to the gazebo. VOTE: There were no objections. SO ORDERED. D-10. Resolution No. 2009-63 -- Authorizing Amendment of the Regulations of the Kenai Community Library to Change the Late Fee and Services Charge Schedules and to Make Typographical/Grammatical Revisions. Council Member Eldridge MOVED to approve Resolution No. 2009-63 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. IM KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 9 The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D-11. Resolution No. 2009-64 -- Approving the purchase of Advertising in the 2010 Kenai Visitors Guide in the Amount of $10,000. MOTION: Council Member Eldridge MOVED to approve Resolution No. 2009-63 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened for public hearing. Natasha Ala, Executive Director, Kenai Convention and Visitors Bureau -- Thanked the Council and the City for their support of the Kenai Convention and Visitors Bureau. Council comments included: Inquired about deadlines for changes and recommendations. ® Supported spending money to increase tourism to Kenai. ® Would have liked longer to look over the information included as a lay down. Noted the Council had added to the funding for the Visitors Guide during the budget process. BREAK TAKEN: 7:47 p.m. BACK TO ORDER: 7: s2 p.m. Student Representative Johnson recused herself due to being the daughter of Natasha Ala. i There were no objections. SO ORDERED D-12. *Liquor License Renewal • Acapulco Mexican Restaurant Removed from agenda. ITEM E: MINUTES E-1. Regular Meeting of October 7, 2009 -- Approved by consent agenda. m KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 10 ITEM F: UNFINISHED BUSINESS -- None G-1. Ratification of Bills Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. NOTE: There were no objections. SO ORDERED. G-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT, Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. G-3. *Ordinance No. 2452-2009 -- Increasing Estimated Revenues and Appropriations by $110,278 in the Capital Projects Management Fund for the Establishment of the Fund. Introduced by approval of consent agenda. G-4. Ordinance No. 2453-2009 -Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund - Library Staff Travel Funded by a State of Alaska Department of Education & Early Development - Division of Libraries, Archives and Museums Grant. Introduced by approval of consent agenda. G-5. Ordinance No. 2454-2009 -Increasing Estimated Revenues and Appropriations by $14,924 in the General Fund - Library far a Grant Received from the Rasmuson Foundation for the Purchase of Laptop Computers and Equipment for the Library Laptop Lending Program. Introduced by approval of consent agenda. KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 11 G-6. Ordinance No. 2455-2009 -- Enacting KMC 14.20.235 to Establish a Process and Standards for the Siting, Construction, and Operation of Wind Energy Systems (Wind Turbines) as Permitted Secondary Uses and Accessory Structures. Introduced by approval of consent agenda. G-7. Approval -- Mutual Termination of Airport Terminal Lease -- Ginger Ribelin, d/b/a Ribelin Real Estate r •X Council Member Molloy MOVED to approve the lease termination. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G-8. Discussion -- 2009 Dip Net Report Mayor Porter suggested the Dip Net discussion be included in the work session that would be scheduled under G-9. G-9. Discussion -- Schedule Work Session/Management of North Beach (motor vehicles, camping, camp fires, off -road vehicles) A work session was scheduled for December 8, 2009 at 6:00 p.m. in Council chambers to discuss the 2009 Dip Net Report and the Management of North Beach. G-10. Discussion -- Commissions/Committee -- Telephonic Meeting Participation Council requested Administration develop an ordinance for a future meeting. ITEM H COMMISSION/COMMITTEE REPORTS H-1. Council on Aging -- Senior Center Director Craig reported the next meeting would be held on November 12, 2009. H-2. Airport Commission -- Council Member Eldridge reported the next meeting would be held on November 12, 2009. H-3. Harbor Commission -- Parks and Recreation Director Frates reported the minutes from the October 12, 2009 meeting were in the packet, and the meeting focused on the Dip Net Report. M KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 12 H-4. Library Commission -- Council Member Boyle reported the next meeting would be held on November 3, 2009. Council appointed Sharon Harris to the Library Commission. H-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held on January 15, 2010. H-6. Planning & Zoning Commission -- Council Member Molloy reported on the Wind Turbine ordinance, and noted a number of Commissioners would be attending training during the November AML conference. H-7. Miscellaneous Commissions and Committees H-7a. Beautification Committee -- None H-7b. Alaska Municipal League Report -- None H-7c. Mini -Grant Steering Committee -- Council Member Moore reported there were three applications discussed at the October 20, 2009 meeting, and two were approved. H-7d. Advisory Cemetery Committee -- Council Member Eldridge reported there was no quorum at the October 15, 2009 meeting and suggested the Council sunset the Committee. H-7e. Kenai Convention & Visitors Bureau -- None H-7f. Reports of KPB Assembly, Legislators and Councils -- None ITEM I: REPORT OF THE MAYOR Mayor Porter reported the following: • She attended the district -wide Eagles convention. a She attended the grand opening of Senator Begich's Kenai office. • She would be hosting a barbeque with Council members for the football team on Sunday, October 25, 2009. a She suggested as a policy the doors to City Hail be opened at 6:30 p.m. on Council meeting nights. ITEM J: ADMINISTRATION REPORTS J-l. City Manager -- City Manager Koch reported the following: ® He would be at an informational gathering for Bridge Access Water/Sewer Project on October 22, 2009 in Council chambers. ® He received the Commitment letter from Alaska Department of Conservation regarding the Bridge Access Water/Sewer Project. • He hired Kevin Lyons as the Capital Projects Manager. ® He would be attending the Executive Compensation Commissionmeeting in. Anchorage on November 4, 2009. M KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 13 o He would like to nominate Kenai for the .All America City award. o He would be contacting Scott Hamman regarding a roof for the gazebo. ® He would be bringing forward information on changing charitable donations from ordinance to resolution to cut down on the timeline for approval. ® He reported some interest from the public regarding purchasing the surplus buildings situated at the fire training facility, and he would be listing them with EBay. o He would look into accepting credit cards as payment for services. J-2. Attorney -- City Attorney Stearns reported she would be attending the AIaska Municipal League Attorney conference in November. J-3. City Clerk -- None. Mayor Porter reported the Council would elect a Vice Mayor and assign commission/committee liaison duties at the November 4, 2009 meeting. ITEM K: DISCUSSION K-1. Citizens Marion Nelson, Kenai Visitors and Convention Bureau board member, 2144629 Tower Dills, Ridgeway -- Reported the Welcome to Kenai sign between Kenai and Soldotna was down. City Manager Koch reported he had contacted the Department of Transportation twice already and would contact them again regarding replacement of the sign. Council Boyle -- None Molloy -- Congratulated the MAPS members of their success in the Proposition A vote, noted during his campaign he heard many concerns regarding adequate fire and EMT staffing, and welcomed Marquis to the Council. Marquis -- Thanked voters and family for support during the campaign, noted he had also heard concerns regarding staffing of fire and EMT from citizens, and he had participated in the adult spelling bee at the Kenai Community Library with Student Representative Johnson on his team; they won third place. Johnson -- Reported Kenai Central High School football team beat Soldotna High School in the State football championship. Eldridge -- Welcomed Marquis to Council. Moore -- Congratulated Moore and Marquis on their wins in the recent election and requested the Dip Net Report be added to the next agenda. KENAI CITY COUNCIL MEETING OCTOBER 21, 2009 PAGE 14 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR I) to Limited Commercial (LC). Ordinance No. 245 2-2009 -- Amending KMC 13,40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412-2009 was made and the ordinance was subsequently postponed, no time certain, The motion to adopt Ordinance No. 2412-2009 is active.) EXECUTIVE SESSION -- None scheduled. ITEM M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 8:43 p.m, Minutes submitted by: Corene Hail, Acting City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes, A student representative may not move or second items during a council meeting. WA m. 7AYMENTS OVER ill i i WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: •., }. 0 r. VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS OCTOBER PERS VARIOUS LIABILITY 157,055.21 ICMA 457 PLAN OCTOBER 457 PLAN VARIOUS LIABILITY 18,134.2$ HOMER ELECTRIC UTILITIES VARIOUS UTILITIES 81,654.77 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect Int PURCHASE ORDERS OVER $16,000.00 WHICH NEED COUNCIL. APPROVAL COUNCIL MEETING OF: NOVE BER 4, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INCREASE OF EXISTING PURCHASE ORDER �VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL. PO AMT FLOOR CENTER CIO #1 - KFD FLOORING 91605 - BUILDINGS HDL HYDROLOGY STUDY 90933 - WH4 ADDL. COVE BASE 395.60 AMEND #12 72,310.00 22,770.60 84,210.00 "Villae WA a P45t, C# witk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 MIA„.Sftl Telephone: 907-283-7535 / FAX: 907-283-3014 rt!1 i IM \\ tkedd'01// KENALAL SKA TO: City Council FROM: Flick Koch DATE: October 29, 2009 SUBJECT: Purchase Order to Hattenburg, Dilley & Linnell The purpose of this correspondence is to recommend approval of a purchase order in the amount of $ 72,310 to the above referenced engineering firm. The work to be accomplished under this purchase order/contract amendment is to perform a full-scale pilot test on both the existing municipal production well # 2 (Beaver Creek) and a future municipal production well #14 (Spruce & 2nd) to determine the specific treatment process for the removal of color. The full-scale pilot test will also provide the information necessary to estimate capital construction costs and operational costs. The initiation to completion of this work will take approximately 15 weeks. i have attached a bar schedule for the pilot testing activities. This will provide an adequate time period to produce construction documents to bid & construct during the 2010 construction season. Thank you for your attention in this matter. P WEEK TASK DESCRIPTION 1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 15 1.0 Project Management 2.0 2.1 2.2 2.3 2.4 Pilot Testing Prepare Pilot Test Protocol City Review of Protocol Prepare Pilot Test Equipment Ship Equipment Set-up/Operate Pilot Test Attend 1-day Site Visit Coordination and conference calls sr Nam" P"M 3.0 3.1 3.2 3.3 Data Evaluation and Reports Pilot Test Data Review Summary Report Compilation City Review of draft Report Full Scale Basis of Design TM City Review of draft TM Final TM °V'flaye wA a Pant, Ci� wA a Fature,> ^, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 bftd -— Telephone: 907-283-75351 FAX: 907-283-3014 1992 Mea�of KENAL ALASKA U • MEMUO TO: Rick Koch FROM: Marilyn Kebschull, Planning Administration's DATE: October 8, 2009 SUBJECT: Vacation/Public Road Easement - Government Lot 93 (Bennett) The Kenai Peninsula Borough has received a request from the property owner to vacate a 50-foot public access road easement along the west boundary of Government Lot 93. The Public Works Director and I reviewed this vacation with the property owner and the surveyor prior to them submitting the application. The owner would like to obtain a building permit but cannot do so because his home is nonconforming (built in the easement). It was agreed that the City would not oppose the vacation of the public access road easement but we would require retention of a 15-foot utility easement. The standard procedure for vacations of this type is that the Kenai Peninsula Borough Planning Commission holds a public hearing on the vacation. If the KPB Planning Commission approves the vacation, the Kenai City Council has thirty days from that decision in which they may veto the Planning Commission approval. The Planning & Zoning Commission has not reviewed this vacation because it is not part of a preliminary plat. Mary Toil, KPB Platting Officer, has requested the vacation be placed on our City Council meeting agenda for the November 4"' meeting to expedite the process so the owner can obtain a building permit. The Kenai Peninsula Borough has scheduled the public hearing on the vacation before the KPB Planning Commission on October26". Ms. Toll has noted that the vacation should have been before the Borough Commission prior to the October 26t' meeting but was delayed. She does not anticipate any issues with the proposed vacation. If the Council doesn't object to the vacation at their meeting on November 4", the property owner could obtain a building permit the next day. Attached is the Borough's Public Hearing Notice. Information received from the Borough after the KPB Planning Commission's meeting will be provided to City Council at their meeting on November if not received in time for the packet. PENINSULA CLARION ii FIRMITSTEnMi Public notice is hereby given that a petition has been received to vacate a public road easement associated with BLM Government Lot 93 within the City of Kenai. Area under consideration is described as follows: A. Location and request: Vacate the 50-foot public access road easement and utility easements along the west boundary of Government Lot 93 as reserved in the original State of Alaska Patent No. 2456 in Book 88 Page 103; within Section 34, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2009-145 PC Resolution No. 2009-25 Note: A 15-foot waterline easement will be retainedigranted in the north -south direction and a 10-foot x 30-foot utility easement will be retained/granted for a utility pole and anchor in the southwest corner. B. Purpose as stated in petition: The matching 50-foot easement within Government Lot 92 on the west side of our property was vacated by Plat No. Kenai 79-113. At the time it was assumed the entire easement on both sides of property line was vacated. We have since built within the 33- foot of the property line thinking the easement was gone. The city has installed a sewer line close to the west property line and HEA has built a powerline. Our building predates both of these uses. We would propose a 15-foot easement adjoined to the west property line for a waterline extension and a 10-foot x 30-foot easement for utility pole and anchor in the southwest corner of the property. The extension of Baker Street through our property to Aliak Drive would run into the creek, a wetland drainage. C. Petitioner(s): Rex D. and Caren A. Bennett, Jason D, West & H.E. Hawkins of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, October 26, 2009 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Administration Building, 144 N. Binkley Street, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Sylvia Vinson -Miller or Maria Sweppy, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street - Soldotna, Alaska 99669. Please provide written testimony to the Planning Department by Friday, October 23, 2009 [written comments may also be sent by Fax to 907-714-2378) If the Planning Commission approves the vacation, the Kenai City Council has thirty days from that decision in which they may veto the Planning Commission approval, Appeals from denials of the Planning Commission must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part A of the Alaska Rules of Appellate Procedure. For additional information contact Sylvia Vinson -Miller or Maria Sweppy, Planning Department, 714-2200 (1-800-478-4441 toll free within Kenai Peninsula Borough). Mary Toll Platting Officer t KENAI PENINSULA BOROUL PLANNING DEPARTMENT PETITION TO VACATE PUBLIC RIGHT -OF -WA /SECTION LINE EASEMENT PUBLIC HEARING REOLPREi7 Upon receipt of complete application with fees and al I required attachments, a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning Department at least 30 days prior to the preferred bearing date, By State Statue and Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application. H Fees - $300 non-refundable fee to help defray costs of advertising public hearing. Plat fes will be in addition to vacation fees. [) City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report.�Nyll%,✓+.n/rP-"tx"+r� . „r r`+hiic rhxht-of--way m000sed rto be vacated dedicated by plat of Subdivision, filed as P4lgr So.QTL�, in /d Recording ( Are there associated utility easements to be vacated? [] Yes K No Are easements in use by any utility company, if so which? ^gam,, n+r a.)iI , 1 l� cfT2& 'p n j Easement for public road or right-of-way as set out in (specify type of document) "u,{ I A"- Y�aLZ= ` as recorded in Bonk Page __1C=> of „QatlA,i Recording District. (Copy of recorded document must be submitted with petition) [) Section Line Easement. Width of easement must be shown on sketch. [ ] Submit three copies of plat or snap showing area proposed to be vacated. Must not exceed 11 x 17 'inches is size, In the case of public right -of --way, the submittal most include a sketch showing which parcels the vacated area will be attached to, Proposed alternative dedication is to be shown and labeled on the sketch. Has right-of-way been fully or partially constructed? (] Yes No RECEIVED , Is right -of way used by vehicles/pedestrianRV s/other? [ ] Yes No Has section line easement been constructed? [ ] Yes ( No AUG 2 4 2009 section line easement being used? [ jYes V1 Iv° KENN PENINSULA 3OROUG4 Is alternative right-of-way being provided? (;Q Yes [ ] No PLANNING DEPARTMENT The petitioner must provide reasonable justification for the. vacation, Reason for vacating I )7 P� ma �50' 20 I!f/# //�3�� l�`,a�r'�� i-PvC ,+�,�w0_. a.ct ,y.;r 4Un 44 SVe J} Jav,, o.€�+-�, A', The petition must be signed (written signature) by owners of majority of the front feet of land fronting part of right-of-wayaa2!S' or section line easement proposed to be vacated. Each must met e mailing address and legal description of his/her property. Submitted by: Signature r_ 3 Name -as AT resJe�ntativje (yT petitioner Address </nv us { f rk —,e e A 9G'G y ��jj" h I-coR- Phone ? C4 t/74''Z 1y"2; % S✓2Je� S Petitioners: Signature ;wry. +:,r,� m('.ty'r;,Gp'/.r!. Signature _ Name "Y.ipFk) *9 'rZPA,'A+= 1 % Name Address Address sov Bo" L3-Z t""rp A163t4.x' 4 7sFw Lai iR- Ownerof ,,-Df,",ti'= of �cr o3 Owner of /i ��EGa�t i/'+"u _a✓G�/"j' L' Signature Signature Name Name 4-E- H_,/twRrH ( ' lddress Address ! n l Kr m r* x / n „z Owner of Owner of ,��o�v;mros;9ro9 64 .l7bw e,v. li�C_ OVr'i.. 1'✓U,ld.�ri �[�e�I-'i:�S �jjo �I oi�-'� i"��5C. ems' �l� un��.��� � P2orosc a 15 Yi=fciOw,2+'1 r�cYS J �� '"f"G2a✓�'7 '�". 3� oU2 /i'��Cd� ylh woJlC �Un �,�kd`z'. F2CQe�r�7 t-a IN e- Gh e- t-� u✓ � �,_.. -___.. I h _ _. W r i,. ..their hnits and assigns Z1) t µrn37;iz of nena:I venirsulff State of Alaska, described as LDT n3 Dt r kGE tl WEST, c".r S!t`sAF€Ti i.RE OR'LF55: 4w SU � T YF tS^Of tda r �r tY ` 1 Tit al aii . 4, 2 R y° `"'�s, t s.,` 33 feet 3n9'i is p x Far J'u�Jr J t � 3 M.0 �'1i ', 288L1`"tent nI feCt iluD4 Ss t o YR>.$ ,.h"p 6 xiVfUt .'x'�"S'SELIARD .:M.oriatan Ale 6a. a cordmg to th • nihci7aE, 1 yxr.C4's• kn'vp )grad ao4 pt {F.n Tchd �u, )vans Azenr ng in the redctal- Patent or mhrr comevanae by uh h `8a.'� '. yPanca'mte2iirtir t)hi'� Sher UaBr 4hti C',xntor e%prc^slu resin es, on,of t'hc xrari Ivan) mad', vntn tu'al 't> `."k !`FF''u'rr.y'o,a ci ft a= i of Inrat et, a47 oa' , g Font, neex; mina•ai fi=s3onabt m + i s xi and fo ii of -,y�rne � ,d of'auTwst rfptiw lad may 5e�4n a�r� saW lands obavc described or Ono p rt them t at d f.iTO hn same far uah t ]i. p-rsa Cd§4, ttpx ats.!'rss ara4ie material, and tossi.t, and it N o hz wly,;gm es and It^s c r... i of lh, grant hereyy;,mg + attnto it 1i its "-;x lnssc s— succocucm aad xasigns fa -. %', tisr `'i�ht tjF'-pn u`bv it, . it 'm their a,xnt,., attorneys .Rsas{ 4rtants open said lands, or any pan or Parts it.. 11 trna+,. for Ate .PurPasc of opening..and workintt nines or wells nr 1*tU;cntl rt m 1phuF3rrsnt3 tn7ling out old mmoviu therefrom all such a)�r": 'airs coal ores, minerals. fir"onable XAicm t :erd fm siIs` wtri to that end it furi for csprtasty reserves a of ttI ¢ri%'ktasaby made, unto itself, im1''i•,^mscm,.. yr z •s and ans,jg IPorcver. the right t,v its or their apCnts. sac pntx and-¢?°Vme "s at any and ali ttn&, errr con :,•:�, maintnm aid n^e all sveh K ildmgx, machiaeri. road p relinex;;;,pdarer- li-es:urul raq gads: oioc `uth shaf.•. nrtil sua.h v�elt., romvvc +u:h spa, and ;n remain on smd Innis or Airy-s-^d`art iheteo: '.or the fcregatn,t FvrPoe^•. o -.d is occupy as much of said landx as ma.• be A asconveuinn;`dar'svch purpo.ols hereby exPreaxl), respn v it$rli. ti.,, its a:.. vlja"Vsnpl % and a?signs, as oforosad, genoralte aiirights and or, in, I.. and o.r .aad In";, uhet1wr hrrcin t,pAsrtti or not, rnasnnabiy necessary or convenient to Yendcr bencfi,mi and efietat the t rrpl.,. , r,+n•,mant of Tilt, property and a•iehu hereby expressly roseNed. EZ; 11r:}At tlrb fr jifilh Lhe .�.id land with the apPt;rtennnces thereof unto the said Grantee and tl'Cir hairs and assigns force:'«•r. - .1ktt WP5,him1 p IMI� rrval" 0, Stela o{ Alaska has enuscd thexer uresen,s to be executed by, the Director r•' a Stott cif .91Sska, this 25th of the v;viwm o; Lan•�s, Derort '�enC n! Natural Resources, da. of 9Y. St55T ALt. i9 7h , Dirfecrnr. Div:sion of Lands Stxr- Hccca9 of Patents ra: c m 0CT-28-2009 VED 08:42 AM KPB PLANNING FAX No, YU12b28bld r, Ui/Un Patti Hartley Administrative Assistant phI.artl ,ti9 i)¢aoro!�c t�.!,er i.,uL' r : • •-otl, evtension Date: October 28 2008 Fax (dumber: 907) L83-3tll�s NiomhPr of Paaes: 8 includinq cover Phone Number (907} 283-7535 Notes/Comments: RE: Vacate that portion of the 50-foot public access road and utility easements along the west boundary, north of the 33-foot easement along the south boundary, of Government Lot 93 as reserved in the original State of Alaska Patent No. 2456 in Book 88 Page 103; within Section 34, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2009-145; KPBPC Resolution No. 2009-25: Location: City of Kenai. Note: A 33- foot public access road and utility easement remains along the entire south boundary. A is -foot utility easement will be retained in the north -south direction. A requested 10-foot x 30-foot utility in the southwest corner is located within the retained 33-foot easement along the south boundary. The Kenai Peninsula Borough Planning Commission approved the proposed vacation at the their regularly scheduled meeting of October 26, 2009. Following is the notice of decision and draft, unapproved minutes of the pertinent portion of the meeting. A hard copy of the notice, minutes and support information will be mailed today. Please call or email me if you need additional information or have questions. Thank you! 70 UUI-Lb-LUUU WtU Ub:U RM Ilt'td VLRNNINU t•hX NU, d1.112b?bblb h U?/Ub. PLANNING DEPARTMENT 144 North Binkley Street b Sotdotna, Alaska 99669.7520 PHONE: (907) 714-2200 o FAX: (907) 714.2376 ToN-free within the Borough: 1-800-478-4441, Ext. 2200 www boroaoh.ken4Lak.u� October 28, 2009 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611-7794 RE: Vacate that portion of the 50-foot public access road and utility easements along the west boundary, north of the 33-foot easement along the south boundary, of Government Lot 93 as reserved in the original State of Alaska Patent No. 2456 in Book 68 Page 103; within Section 34, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2009-145; KPBPC Resolution No, 2009-25; Location: City of Kenai. Note: A 33-foot public access road and utility easement remains along the entire south boundary- A i6-foot utility easement will be retained in the north -south direction. A requested 10-foot x 30-foot utility in the southwest comer is located within the retained 33-foot easement along the south boundary. Dear Kenai City Council Members: in accordance with AS 29.40A40, no vacation of a city right-of-way and/or easement may be made without the consent of the city council. Based on the following findings of fact, the Planning Commission approved the referenced vacations during their regularly scheduled meeting of October 26, 2009, Findings: 1, Sufficient rights -of -way exist to sere the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the easement proposed for vacation is not in use for access. 4. Per the submittal, the easement proposed for vacation has not been constructed. 51 Per the submittal, a portion of the easement is in use for utilities. 6. Per the submittal, the 33-foot wide public access road and utility easement will remain in place along the entire south boundary 7. The requested 10-foot x 30400t utility easement for a utility pole and anchor in the southwest corner falls within the retained 33-foot wide easement. 6. Per the submittal, a 15-foot utility easement will be retained along the west boundary. 9. The vacation public notice was sent to utii ty companies for review and easement requirements. 10. ENSTAR submitted a statement of non -objection. 11. Homer Electric Association submitted a statement of non -objection, subject to a 10-foot x 30-foot utility easement will be retained/granted for a utility pole and anchor in the southwest comer, 12, City staff and the Public Works Director had no objection, subject to retention of a utility easement. 13, All requested utility easements are being retained. 14. Alternate access to Aiiak Drive is available through Candlelight Drive and Highbush Lane. 15. The matching easement was vacated to the west by Plat KN 79-113. 16, If approved, the Kenai City Council is scheduled to review the KPB Planning Commission decision on November 4, 2009. This petition is being sent to you for your consideration and action. UUI-eb-ZUUy WtU Ud;4J Hfl vb rLHIVNINU tHA NU, MfcGbz=lb r. U3/Ub The City Council has 30 days from October 26. 2009 in which to veto the decision of the Planning Commission. if no veto is received from the Council within the 30-day period, the decision of the Planning Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. Sincerely,_`, Planning Director MJ6:pdh (attachments m UUI-Zb-eUUU WGU Ud;U hn hill YLhNNlNU rhA NU, `JUlebdbbib r, U4/Ud October 28, 2009 KENAI INSULA BOROUGH PLANNING DEPARTMENT 144 North Binkiey Street s Soidotna, Alaska 99669-7520 PHONE., (907) 714-2200 * FAX., (07) 714-2378 Tbl-free within the Borough: 1-600-476 4441, Ext. 2200 wwwborougn kenai ak us DAVID CARE° BOROUGH MAYOR r r a. VOTICE OF DECISION RE: Vacate that portion of the 50-foot public access road and utility easements along the west boundary, north of the 33-foot easement along the south boundary, of Government Lot 93 as reserved in the original State of Alaska Patent No. 2456 in Book 88 Page 103; within Section 34, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2009-145; KPBPC Resolution No. 2009-25; Location: City of Kenai, mote. A 33- foot public access road and utility easement remains along the entire south boundary. A 16-foot utility easement will be retained in the north -south direction. A requested 10-foot x 30-foot utility in the southwest corner is located within the retained 33-foot easement along the south boundary. The Kenai Peninsula Borough Planning Commission approved the proposed vacation based on the following findings during their regularly scheduled meeting of October 26, 2009, Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties, 2. No surrounding properties will be denied access. 3. Per the submittal, the easement proposed for vacation is not in use for access, 4. Per the submittal, the easement proposed for vacation has not been constructed. 5. Per the submittal, a portion of the easement is in use for utilities. 6. Per the submittal, the 33-foot wide public access road and utility easement will remain in place along the entire south boundary 7, The requested 10-foot x 30-foot utility easement for a utility pole and anchor in the southwest comer falls within the retained 33-footwide easement. 8. Per the submittal, a 15-foot utility easement will be retained along the west boundary. 9. The vacation public notice was sent to utility companies for review and easement requirements. 10. ENSTAR submitted a statement of non -objection. 11, Homer Electric Association submitted a statement of non -abjection, subject to a 10-foot x 30-foot utility easement will be retained/granted for a utility pole and anchor in the southwest corner. 12. City staff and the Public Works Director had no objection, subject to retention of a utility easement. 13. All requested utility easements are being retained. W U;1-28-?UUy Will U8:U hM KI'd N:hRNINU rRX NU, yU2bebbld r, Ub/Ud 14. Alternate access to Aliak Drive is available through Candlelight drive and hlighbush Lane. 15. The matching easement was vacated to the west by Plat KN 79-113. 16. If approved, the Kenai City Council is scheduled to review the KP6 Planning Commission decision on November 4, 2009. In accordance with AS 29.40,140, no vacation of a city right -Of -way andior easement may be made without the consent of the oittr council. The proposed vacation has been forwarded to the Kenai City Council. The City Council has 30 days from October 26, 2009 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Commission will stand. Please contact the Kenai City Office to verify the date the subject vacation will be reviewed by the Council. This notice and unapproved minutes of the subject portion of the meeting were sent October 20, 2009 to; Integrity surveys 8195 Kenai Spur Highway Kenai, AK 99611 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611-7794 Jason D, West PO Box 2349 Kenai, AK 99611 City of Kenai 210 Fidalgo Street Kenai, AK 99611 Rex & Caren Bennett 404 Baker St Kenai, AK 99611-8239 H. G. Hawkins 1502 Klana Lane Kenai, AK 99611 M UUI-Lb LUUy Wtt) Ud;43 Mn Krb rLHNNiNU i'Hh NU, dUIZbddb Id r, Ut)/Ub AGEN®A €TEM F. PUBLIC HEARINGS Vacate that portion of the 50-foot public access road and utility easements along the west boundary, north of the 33-foot easement along the south boundary, of Government Lot 93 as reserved in the original State of Alaska Patent No. 2456 in Book SB Page 103; within Section 34, Township 6 North, Range t 1 West; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2009-145; KPBPC Resolution No. 2009-25, Location: City of Kenai Nate. A 33-foot public access road and utility easement remains along the entire south boundary. A 15-foot utility easement will be retained in the north -south direction. A requested 10400t x 30-foot utility in the southwest corner is located within the retained 33-foot easement along the south boundary, Staff Report given by Max Best PC Meeting: 10126/09 Purpose as stated in petition: The matching 504cot easement within government Lot 92 on the west side of our properly was vacated by Plat No, Kenai 79-113. At the time it was assumed the entire easement on both sides of property tine was vacated. We have since built within the 33-foot of the property line thinking the easement was gone. The city has installed a sewer line close to the west property line and HEA has built a power line. Our building predates both of these uses. We would propose a 15-foot easement adjoined to the west property line for a waterline extension and a 10-foot x 30-foot easement for utility pole and anchor in the southwest corner of the property. The extension of Baker Street through our propertyto Aliak Drive would run Into the creek, a wetland drainage. Petitioners: Rex D. and Caren A. Bennett, Jason D. West & H.E. Hawkins of Kenai, Alaska Notification: Public notice appeared in the October 6 and October 15, 2009 issues of the Peninsula Clarion. Seventeen (17) certified mailings were sent to owners of property within 300 feet of the parcels. Eleven (11) receipts have been returned, Sixteen (16) regular mailings were sent to agencies and interested parties, Six (6) notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board, Statement(s) of non-obiecttan ENSTAR Homer Electric Association, subject to 10-foot x 30-foot utility easement will be retainedlgranted for a utility pole and anchor in thesouthwestcorner. City of Kenai staff avid Public Works Director— no objection, subject to retention to a 15-foot utility easement being retained. S a dlscljssion Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the easement proposed for vacation is not in use for access. 4. Per the submittal, the easement proposed for vacation has not been constructed. KENAI PENINSULA ®OROUGH PLANNING COMMISSION OCTOaER 25, 2009 MEETING MINUTES PAGE 4 LINAptIfIOVED N1INUI-ES m OCT-28-2009 WED 08:43 All KP8 PLANNING FAX NO, 9072628618 P, 07/08 5. Per the submittal, a portion of the easement is in use for utilities. 6. Per the submittal, the 33-footwide public access road and utility easemernwill remain in place along the entire south boundary 7. The requested 10-foot x 30-foot utility easement for a utility pole and anchor in the southwest comer falls within the retained 33-foot wide easement. a. Per the submittal, a 15-foot utility easement will be retained along the west boundary, 9. The vacation public notice was sent to utility companies for review and easement requirements. 10, ENSTAR submitted a statement of non -objection. 11. Homer Electric Association submitted a statement of non -objection, subject to a 10-foot x 30-ffoot utility easement will be retained/granted for a utility pole and anchor in the southwest corner. 12, City staff and the Pubile Works Director had no objection, subject to retention of a utility easement. 13. Ali requested utility easements are being retained. 14, Alternate access to Aliak Drive is available through Candlelight Drive and Highbush Lane, 16. The matching easement was vacated to the west by Plat KN 79-113, 16. I€approved, the Kenai City Council is scheduled to review the KPB Planning Commission decision on November 4, 2009. STAFF RECOMMENDATION: Based on the above findings, staff recommends the Planning Commission accept and adopt the findings and adopt KPBPC Resolution 2009-25, thereby approving the vacation as petitioned, subject to: 1. Filing of the PC Resolution in the appropriate recording district. 2. The Planning Department is responsible for filing the Planning Commission resolution. 3. The applicant will provide the recording fee for the resolution to the Planning Department. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR, WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH, APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. 120.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-431, END OF STAFF REPORT Acting Chairman Johnson read the rules by which public hearings are conducted. Acting Chairman Johnson opened the meeting for public comment. 1. Rex Bennett. 404 Baker treet Mr. Bennett asked for clarification regarding the 15 foot water line easement along the west boundary and the to x 30 foot utility easement. He asked if they would be encompassed with one another. Mr, Best believed that, if it was needed, the 10 x30 foot utility easement would be encompassed with the 15 foot water line easement. He wasn't sure where the easements were located at this time. HBA asked for a 10 x 30 foot easement where the existing pole and anchorwas located and also a 15 footwater line easement where it is currently located. Mr. Best stated he wasn't sure they were conflicting or not Mr. Bennett stated they were both on the west side of the property. The utility easement is in the southwest corner of the property. There is a condition fora 15 footwater tine easement and a 10 x 30 easement that looks like it would be in the same easement. He wanted some clarity to make sure he didn't build something else in the wrong place. Seeing and hearing no one else wishing to speak, Acting Chairman Johnson closed the public comment KENAI PElUTES PAGE 5 M OCT-28-2008 WED 08:43 AM KPI3 PLANNING uAX No, BofL628618 r, ubiud period and opened discussion among the Commission. MOTION: Commissioner Murphy moved, seconded by Commissioner Lockwood to approve Resolufion2009- 25; adopt the 16 findings and base the adoption of the resolution on those findings and that it be subject to staff recommendations. Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the easement proposed for vacation is not In use for access_ 4. Per the submittal, the easement proposed for vacation has not been constructed. S. Per the submittal, a portion of the easement is In use for utilities. 6. Per the submittal, the 33-foot wide public access road and utility easement will remain in place along the entire south boundary 7. The requested 10-foot x 30-foot utility easement for a utility pole and anchor in the southwest corner falls within the retained 33-foot wide easement. a. Per the submittal, a 15-foot utility easement will be retained along the west boundary. 9. The vacation public notice was sent to utility companies for review and easement requirements, 10, ENSTAR submitted a statement of non -objection. 11. Homer Electric Association submitted a statement of non -abjection, subject to a 104001, x 304001 utility easement will be retained/granted for a utility pole and anchor In the southwest corner. 12, City staff and the Public Works Director had no objection, subject to retention of a utility easement, 13. All requested utility easements are being retained. 14, Alternate access to Aliak Drive is available through Candlelight Drive and Highbush Lane. 15. The matching easement was vacated to the west by Plat KN 79-113. is, If approved, tine Kenai City Council is scheduled to review the KP8 Planning Commission decision on November4, 2009. VCITE: The motion passed by unanimous consent. I AM y ABSENT YESIO YES YES YES V~ LOEON RWOOD MARTIN PHY PETASSERSEN KINEN YSEONT YES ADSFNT YES YBSR AGENDA ITEM F. PUBLIC HEARINGS Rename existing streets in conjunction with the Enhanced 911 Street Naming and Addressing Methods within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: a. KAISER RD dedicated within Sandhill Meadows Subdivision (HM77-83) & Picasd Tract B 19S4 (HM84-46) as Meadow St; Renamed Kaiser Rd by SN 2009-06; T 2S R 14W SECTION 10, Seward Meridian, AK; Off of Deep Creek Rd In theHappyValley Community; ESN 451; PROPOSED NAME, CRAB MAN RD Staff Report given by Carrie Henson PC MEETING 10/26/2009 A,hpl,icant: Landowners of Sandhi[) Meadows Subdivision Existing right-of-way name: Kaiser Rd Name or000sed b sta : Crab Maya Rd Reason�or Change: Property owners dissatisfied with the name. KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 26, 2000 MEETING MINUTES PAGE 6 UNAPPROVED i IINU F-S 77 ! : 09 CITY OF BOARDSCOMMISSIONSCOMMITTEE CURRENT LIAISON ASSIGNMENTS CITY BOARDS, COMMISSIONS & COMMITTEES ! CURRENT %IAISON ASSIGNMERT n Aain Council Member R ck Ross mmissionCouncil Member Bar Eldrid eommissionCouncil Member Hal SmalleommissionCouncil CommissionCouncil "BcautificationCommwpim Member Mike Boyleecreation Member Joe Moore&Zoning CommissionCouncil Member Bob MolloyAlternate: Council Member Rick Rosstion Committee Ma or Pat Porter Mini -Grant Steering Committee Council Member Joe Moore AdvisoEy Cemetery Committee I Council Member Barry Eldrid e OTHERS: Kenai River Special Management Advisory Board KRSMA) Public Works Director Wayne Ogle Alternate it Manager Rick Koch—' Economic Development District (EDDi I John Mellish ®kr Cook Inlet Regional Citizens Advisog Council CIRCAC r�/Q y yr is' Kenai Vtors & Convention Bureau Board Council Member Hal Smalle 4- Kenai Economic Develo ment Strate Ba Eldridge/Mayor Porter Alaska Munici al Lea ue Council Member Hal. Smalle W-1 2009 ��owpwawmo-[ My is [a 31 UO: Table of Contents 2009 Dipnet Report Summary...... .............. ......... _ .. I 2009 Police Dipnet Report ..... --- ............. ......... — — 2-7 Seasonal Employment Officer Summary ...... ....... ........ . —8-17 Parks & Recreation Summary .... ........ ..........18-21 Public Works Summary ............... ............. .22-24 Finance Department Summary ................................... 25-26 Revenue and Expenditure Summary ... ......................... . . . 27 Revenue Summary ................................... 28 Expenditure Summary .... ................................... . 29-30 M KENAI LICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 To: Rick Koch, City Manager From: Gus Sandahl, Police Chief Date: September 30, 2009 Yee: 2009 Dipnet Report Summary 11 Enclosed is the City of Kenai's annual. Dipnet Report for 2009, with reports from police, parks, public works, and finance. The report highlights the activities, expenditures, and observations of the City departments that have significant involvement with the annual personal use dipnet fishery at/near the mouth of the Kenai River. For the 2009 dipper fishery, the City had total revenues of $254,962 and total expenditures of $211,754.52. City departments saw an overall increase in expenditures for 2009. The police department experienced a decrease in expenditures, primarily due to fewer overtime shifts over the previous year, and the police command staff was able to spend less administrative time on dipnnet-related tasks. Parks and recreation had an increase in expenditures, largely due to the installation of permanent fencing on the North beach. The parks director spent considerable time applying for a grant to fund $40,000 in permanent fencing on the North beach. This successful grant award, combined with parks employees installing die fencing, greatly helped in minimh+ ing the City's financial outlay. Public works had an increase in expenditures mostly due to additional projects over the previous year: building and installing informational signs, adding gravel to the South beach Cannery Road entrance, placing concrete fire rungs, and removing old dock planks. The finance department had an increase in expenditures, due to increased staff time. The police department experienced an increase in cans for service, largely due to expanded, and more diligent, cash pick-ups, Police responded to three reports of fights/assaults on, the fast busy weekend. A local semet fisherman, who accesses the beach from S. Spruce, gave the City positive feedback and praise for the S. Spruce gravel extension onto the beach, and also for the shack workers who allowed his vehicles to expeditiously enter the beach. City departments have initiated discussions about dipnet-related vendors. One food vendor parked a small bus briefly on the North beach, but then left the area after being advised of a city licensing requirement. The City should consider developing a concessionaire plan, to include: parking location, fees, and quantity of vendors allowed. Overall, the City departments felt the dipnet fishery was successful, with a low number of significant incidents given the thousands of people who participated from around the State of Alaska. Please reference the Parks section of the report for recommendations on fee increases during the dipnet fishery. KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 TO: Rick Koch, City Manager September 8, 2009 FM: Lt. Kim Wannamaker TfIRU: Gus Sandahl, Chief of Police RE: 2009 Kenai River Personal Use I3ipnet Fishery The Annual IDipnet Report is presented for your review. It includes reports from the Police, Public Works, Finance, and Parks & Recreation Departments. You will find a summary overview of Police Department activity specific to the Kenai River Dipnet Fishery to include observations, statistics, problems encountered, and suggestions for improvement for 2010. The Seasonal Enforcement Officer report is also attached. The Fishery opened at 6a on Friday, 7-10-09, and closed at I 1p on Friday, 7-31-09. There were no emergency openings, extensions, or closures this year, it remained a 6a-I I event as it dad last year. City departments prepared for anticipated & historical challenges, collaborated with planning & management strategies, with this year resulting in an effective overall management of the 3-week fishery. The greatest managerial challenge this season, similar to last year, was parking in the South Spruce/North Beach area, parking issues at the City Dock, and an effective camping permit process. Four Seasonal Enforcement Officers (SEOs) spent the majority of their July shifts engaged in Fishery related activity; all four SEOs worked as SEOs in 2008, so they were familiar with all aspects of the fishery and needed little remedial training prior to the season Significant issues SEOs dealt with this year were parking and vehicle operations on the North Beach area, and ATV concerns on the South Beach. The Police Department handled 141 Fishery -related calls for service this year (77 of those were handled by SEOs); the majority of the calls for service were cash pick-ups from the four pay shacks, followed by parking complaints and camping issues on the North Beach. Other activity generating Police Department attention involved ATV use (both beaches), parking problems at T the City Dock, litter, and destruction of orange fencing and trampling of vegetated dunes during extreme high tides (North Beach). One vehicle was impounded this year, for unlawful parking on Bridge Access Road near Boat Launch Road (too close to the intersection/blocking view). Twenty-five of the 27 citations issued this year were parking related (handicap zone, no permit, no parking zone). Police arrested 2 drunk drivers on the South Beach, one of which was leaving the scene of a Hit & Run collision, Over 300 written warnings were left on windshields for parking violations, with some being followed up with citations. Well over 1000 verbal warnings were issued during day-to-day operations/contacts with Fishery participants, again most of them parking related. Police also responded to several fights, reports of theft, and a South Beach camper with a chainsaw "getting firewood" on private property off Cannery Road. Police and USCG investigated a report of a commercial gillnetter boat intentionally swamping dipnetters along the North shore at the mouth of the river; the investigation concluded with USCG interaction with the FN's captain, and no criminal charges. The USCG patrolled the boat -dipping area with a State Parks Ranger during July 16-28, made vessel boardings and enforced watercraft safety regulations. They also were immediately present and assisted KPD/KFD personnel when a 19' boat capsized, spilling the occupants into the river; all 4 boaters were rescued. There were three significant EMS responses, two on the North Beach — one man suffered a fatal heart attach another man suffered hypothermia; and the capsized boat. The hypothermic man chose to ride out an extreme high tide in his sleeping bag while water flooded his tent. He called 9-1-1 later that morning from his tent. Of the 337 hours worked by SEGs on dipnet activity, the majority was spent on the North Beach dealing with parking, camping, campfires, and ATV use. Police Officers spent 42 overtime hours on dedicated Fishery -related activity on the beaches, in addition to logging 64 hours handling 64 Fishery -related calls for service. SECS and Officers patrolled the beaches via ATV and on rare occasion, a Department SUV. The SUV was used when both ATVs were temporarily out -of -service and prompt access to the far reaches of the beach was necessary. Alaska Wildlife Troopers (AWT) were discreetly present during the Fishery, on the forth Beach and, to a greater extent, at the City Dock. The local ABUT Detachment lent us a new Polaris Ranger 6-wheeler this year for use during the Fishery; this ATV was an exceptional addition to our 4-wheeler and greatly enhanced beach patrols and moving about the long stretches of beach. Four pay shacks were placed at the same Iocations as the last 2 years, and one (S. Spruce) sustained minor damage after an RV drove into it while pulling up to the pay window. Total Kenai PD expenses for the 2009 season ................... $19,193 Police Officers' pay (64 hrs + 42 dedicated OT his) SEO7 pay (337 his, including 4 his OT) Pre & Post. season Admin Work (Chief, Lt., Sgts) > Field Visits, Prep (Chief. 3.5, Lt: 4) KPD Mings (Chief. 4, Lt: 4, Sgts: 7) ➢ Mtngs w/other Depts & Agencies (Chief: 2, Lt: 5) TDeskwork, I2pts (Chief: 3, Lt: 10, Sgts: 4) > TOTAL Admin (Chief: 12.5hr, Lt: 20hr, Sgts: 11hr) Vehicle (Full-size pickup equivalent rental — July) ATV (purchase cost divided by 10 yr useful life) x2* Fuel** $1995 + 2024 $5203 + 94 $532 + 825 + 420 $3100 $2000 $3000 This season saw a decrease of 23 "on shill" hours and a decrease of 84 dedicated OT hours from Officers' 2008 total time, and 16:5 fewer Administrative hours. The SEOs also spent 73 fewer hours this season than 2008. The decrease in dedicated OT was a direct: result of things going so smoothly the extra Officer presence simply wasn't necessary, and several Officers' anticipated/pre-scheduled OT shifts were cancelled. The "Salmon Frenzy" missionary group was present again this season, with 120 volunteers on the beach(es) the 2"d and 3`a weekends (Fri -Sun). Their presence, which included several individuals from last year, contributed significantly to smoother operations regarding traffic control, traffic congestion, and parking. *The Kenai PD has one 4-wheeler, and based on a 10-yr useful life has a cost of $700 per year, For the 2009 Fishery AWE loaned us a new Polaris 6x6 wl=h was needed for dipnet-related beach patrol, enforcement, & rescue transportation. If this 6x6 was not loaned to us, the City would need to acquire/pmrchase a similar ATV at a cost of $1300/year (useful life 10 yrs). "Patrol cars/SIN, the Dept. pickup, and two ATVs, were equipment expenditures for the fishery. Costs included reflect fuel consumption relative to driving to/from the 4 pay sharks, City Hall, police station, beach access points, Kenai Ave., and up & down the N and S beaches, and idling during stops at these locations. Fuel average was $3.15/gal regular unleaded. gasoline: 2009 Observations Signage information at the North Beach access was greatly improved with the erection of the large color map detailing where folks could drive, park, camp, have fires, and where they couldn't. Public information was available via printed brochures, radio and newspapers, ADFG and City of Kenai web sites. Information included: Fishery dates/times, fees, Dunes Protection, beach 4 M access, parking/camping/campfires locations, ATV & off -road vehicle use, and tide tables. Incredibly, many participants, when contacted, denied knowledge of readily available information. The additional Handicap Parking signs plus fresh blue paint on the cement barrier helped make the spots more visible to those needing them and those who shouldn't. The HCP Parking area on the north side of the S. Spruce parking lot was not so clearly marked and created confusion and the dismissal of one citation due to being poorly marked. The S. Spruce "City Vehicles Only" parking area was not clearly marked which contributed to more parking confusion. Those spots are used primarily by Police which can; in all reality, park anywhere while down there on calls. If there is a genuine need for dedicated City Vehicles Only parking, it might be relocated thereby creating another 2-3 general parking spots. Last year there were at least two "2-1-irr Parking" signs on the block wall at the end of S. Forest Drive; this year there were none until the end of the season and that area became heavily congested as the season progressed; those signs lasted very briefly, until they were ruined by rain. Parking and camping fees were $15, the same as last year, with cash or check payment options at the pay shacks and/or iron rangers. Many complaints were received about the 12-hour payment period, with people suggesting it be lengthened to a full day (24 hrs). Rion -compliance with camping fees and posting of camping_ permits was an enforcement issue due to poor communication and/or misunderstanding of requirements; the SEOs issued many warnings to gain compliance. Many campers claimed they were not informed of the camping fee by shack attendants. Parking at the City Dock was jam-packed on the busy tides. The majority of painted parking spots accommodated 3-deep (truck/trailer) parking, which Ied to vehicles in the middle getting boxed in, which led to trailers being moved, police being called "to move him out of my way" (unoccupied, locked trucks), and nasty windshield notes. Overflow parking at the Little League fields went smoothly due to the anticipated need, and pre - planned staffing & traffic control on S. Spruce to handle the increased traffic on the 2 a & 3`s weekends. The 6x6 posts & chain fencing on the N. Beach created an excellent barrier for protecting the dunes and establishing a border for tents & campfires. The orange fencing, however, was again cut, trampled, and moved by those wishing to accommodate their own desires for space. The Port-P,-.Potties were well maintained and serviced this season, with little -to -no complaints expressed. Dumpsters filled quickly on busy days and when overflowing, people just piled trash higher or beside them. This created a problem for servicing, as the garbage truck driver(s) would not empty dumpsters with trash piled on the lids or trash piled beside the dumpsters. Litter &c trash is a significant issue during the Fishery, and management strategy should continue addressing this. The presence of four SEOs again this year contributed significantly to smooth operations. They were a. constant presence to answer questions, give direction, monitor & enforce parking and traffic flow, and provide immediate assistance with various problems. The additional A -TV was a valuable resource for traversing the beaches easily & quickly. The larger 6x6 Ranger with cargo area proved to be a terrific asset with greater functionality than the 4wheeler. It was an unexpected loaner from AWT this year, as we'd requested to borrow a 4wheeler as in years past. This Polaris Banger may not be available from them next year. The Salmon Frenzy volunteers were a tremendous help on both beaches and the City Dock, with most of their people on the North Beach. Their presence provided resources to Rippers and non - dippers, children, traffic control, and parking monitoring &c directing. They also provided free hotdogs, hot chocolate, activities for children, and a first -aid station. Recommendations for 20I0 Sianaa o 1. Set a line of" No Vehicles Beyond This Point" signs along the Left side of S. Spruce extended, for clear direction regarding motor vehicles between S. Spruce/Mouth of the River. The two there this year, plus their close -in location, were not very visible nor in a strategic place. 2. Determine whether there is a need for dedicated City Vehicles Only parking and confirm specific location. 3. Affix durable, weather -resistant "2-Hour Parking" signs to the wall at the end of S. Forest Drive. 4. Attach a dry -erase board to the pay shacks for late -notice messages, fishing updates, extreme high tide times, and other general information to the public, Extend post/chain fencing beyond the end of Kenai Ave, or put nothing there. The orange fencing merely gets moved, trampled, or vandalized and because it's unmarked private property there is little IUD can do other than spend a lot of time telling people to move their stuff, stay out of the grass, and P&: R retrieve/repair orange fencing. M Campine 1. Provide clear weatherproof bags for people to affix to their tents/tarps. Include fasteners that are easy to use and don't puncture fabric. 2. Provide pay shack workers with written guidelines/instructions for campers. 3. Establish a written definition of "camping". Securitv & Enforcement 1. Continue with four Seasonal Enforcement Officers, and anticipate & schedule dedicated Dipnet Officer shifts (easier to cancel if not necessary, than to last minute call folks in). 2. Purchase a larger ATV similar to this year's loaner 6x6, due to the greater versatility and multi -function use; MSRP for a similar ATV is roughly $13,000 with standard equipment. This additional ATV would complement the Department's `-yr old 4wheeler. A Polaris Ranger )i', smaller than the 6x6, has 4 wheels, a 3-person bench seat and the same size cargo bed as the 6x6; adequately equipped for our use costs between $11,000 - $12,000. N y.ENAi POLICE DEPAF.`b VLENT 'T 7 Teltphoae ;�071283-'P'9 Pay:( 0t ') 293 2267 To: Lt. Wannamaker From., SE®s Caswell, Chilson, Collum, and Semmens Datee 3/4/09 Ides 2009 Kenai. River Dipnet Fishery Introduction This report includes a summary of Kenai Police Department Seasonal Enforcement Officer activity specific to the dipnet fishery, observations, statistics, problems encountered, and thoughts for improvement for the 2010 season. The fishery opened on Friday, July 101' at 0600 and closed on Friday, July 31 at 2300 hours. There were no emergency openings or closings called for by the Alaska Department of Fish and Game during the 2009 dipnet fishery. This season there were again four Seasonal Officers (SEOs) employed by the Kenai Police Department, The SE®s spent a total of 510 hours working during the dipnet fishery. Out of these, a total of 337 hours were spent for dipnet (time on the beaches, at Kenai City Dock, or performing other dipnet-related duties). The majority of time spent at these locations was handling problems and being a general police presence. The remaining non-dipnet time was spent handling other calls for service such as bike thefts, vandalisms, illegal camping, and ATV complaints, or performing other miscellaneous administrative duties at the police station. General Infor tion Similar to previous years, the 2009 dipnet season started slowly and increased in intensity until its peak a little after a week into the season. The lower parking lot at North beach, the overflow parking at the Little league fields on South Spruce, and parking along South Spruce was completely full by July 18`'. The South Beach, near the mouth, was also highly saturated by this date. On the I e, fishing had picked up slightly, and many people were on the beach; a story written in the Anchorage Daily News and the Peninsula Clarion claiming a huge run of fish was M KENAI POLICE DEPARTMENT Probably the major contributing factor of this huge influx. This weekend has been shown to be the busiest weekend of dipnet for the past two years. After this weekend the amount of people began to decline until July 3 0. By the end of the season the North beach The North and South Beaches during the peak point of the dipnet season. parking lot was nearly empty, and yet the fishing continued to be fruitful. Pay shacks were located at the entrances to all dipnet areas. The shacks were located at N. Beach on South Spruce, the South Beach at Runes Rd., ®Id Cannery Rd., and at the City Dock on Boat Launch Rd. In addition to these locations a payment area was again added at the Little League field entrance on busy days for the overflow parking patrons. The shacks were manned from 0545 to 2300 hours. When the shacks were unattended, users paid their fees at iron rangers Iocated next to the pay shacks. pees were enforced by the shack attendants from 0600-2300 and by the SEOs at other times. Iron Rangers were emptied daily. Prices for parking and camping remained the same as last year, 15 dollars for parking, and an additional 15 dollars for camping. These prices provided a 12 hour permit. Similar to last year SEOs received many complaints in regards to the pricing. SEOs received 77 dipnet-related calls for service during the 2009 dipnet fishery. The most prominent calls received were for cash pickups from the various pay shacks. SEOs received numerous complaints about parking on Kenai Ave, and calls relating to ATV violations. The K Nfil'. POLICE T)9VAX.ThrHWr majority of complaints ca me from the North Beach where the SEOs spent most of their time. SEOs patrolled thebeaches using ATVs. In addition to the police department owned 4-Wheeler, Alaska wildlife Trappers lent KPI) a gem, Polaris Ranger 65Wheeler: This 6- Wheeler proved, to be an invaluable asset on the beaches this year. Its bed allowe<fi us to carry more duty gear and extra equipment such sagas and traffic cones. the most important feature of this ATV was its multi-pisccn cab. his allowed us to transport more than one officer or busy days, and conduct multi -officer patrols. Approximately halfway through the eipnet season we received a 911 call. for a mean going hypothermic on the beach; because of the Ranger's cab, once the man was located, we were able to shuttle him off of the beach to a waiting ambulance. This would not have been possible with the single person 4-wheeler. The largest problems, encountered by SE0s, at the North. Beach were parking violations and. vehicles to the left of the main entrance. The parking lot at the -end of South Spruce was completely full as welt as street parking on S: Spruce and the Little League field overflow parking area, SEO- issued large quantities and verbal warnings, to July I8' alone over one hundred w ring ,slips were deft on vehicles in the lower parking lot for expired park* permits, failure to display parking permits, or other miscellaneous parking in rtiaions; This helped correct the majority ofthe problem; however, later that day those who had not corrected it were issued citations. A,total of26 citations were issued. 25 of these citations were for parking violations, this includes illegal handicap'parkirag, parking without a permit, and parking in no barking zones. SEfls spent significantly more. time warning vehicles that had ventured onto the left side of North beach, about one to five a lay, depending on the activity level, Although there were a few signs in the parking lot indicating no vehicles to the left of the beach, there were only two small signs indicating this can the beach: There is a very clear sign that states "NO CAMPING OR FIRES" on the right side of beach, if a similar large sign was posted on the left stating "NO MOTOR. 'VEI- CL EV the problem ofA Vs would likely reduce: Also another red sign stating "NO AWING" on the tight side of the entrance would reduce -the amount of canting infractions; on this side of the beach. Camping, permits were another large problem on the beaches this year. Often when we would pass through the beach dhecking for permi% it would result in about a third campsites not having theta. One dayto . the end ofthe season; every e a apshe on N. Beach was lacking camping permits due to a parks employee at the booth infortning people they did not need permits or, that camping was free; this was quickly corrected, Diring the second week of the dipnet season extremely high tides forced North beach occupants into the duties - Tim UE Every night the campers would break down the orange fencing and pitch their tents in the safety of the durres. The next day, SEOs. and other office—z s would have all the casnpers move their sites out of the dunes, and Kenai City Parks and Recreation would replace the fence only to have the process repeat. After a few days, Parks and Recreation r6uilt the fence finther back into the dunes, allowing p--**- to canip in a section of them, for the rest of the season. The Salmon Frenzy volunteers w eturned to dilm&t for the 2009 season. They controlled -.attic on Kenai Ave., which greatly helped reduce the amount of traffic jams. They operated hospitality tents on both beaches. These tents provided fish fillet tables, free hotdogs, and hot chocolate. The volunteers also had art inflatable fun jump and other activities for the children of the dilmetters- The City Dock was very self -Maintaining during the ditpoet opening. As the season progressed, SEOs received more calls for service at the dock. There were several days that the parking lot as well as the overflow parking lot, were cornplately full. Another issue that was dealt with on multiple occasions at Kenai City Dock, was the issue of boaters having their vehicles blocked in by other vehicles, 'Due to the fact that many of the parking lane-, were about three vehicles deep, often boaters would park- their vehicles in the middle of the lanes, only to return to discover other vehicles parked both ends, blocking them in. This was less of a problem during the peak weekend, when Salmon Frenzy volunteers were present at the dock to help regulate traffic. South Beach required: far less attention from SEOs. The most common viollaiDus were ATV violations and An! helmet violations. On July 2e'SEOs responded to F minor vehicle collision between a SUV and an ATV. No citations were issued at Smith beach. ATV operation in the dunes was nota. substantial problem this year. Salmon Fiewy volunteers operated a hospitality tat fiar Soutk Beach as well. This tem als-.a served flee hindogs and hot and cold beverages M aj KENAI POLICE DEPARTMENT Miseellangipus Itestrooms at the beaches and boat launch were well maintained this year. On several occasions, someone put rocks and toilet paper in the bathroom at the municipal park, causing it to overflow, but the problem did not continue to occur all season. The portno-potties at the end of Kenai Avenue were the most highly used of ail the restrooms and therefore needed the most maintenance. The dumpsters were frequently overflowing. In addition the garbage truck drivers would not empty the dumpsters if there was any refuse on the dumpster lids or around the dumpster itself. This led to trash being left on the ground in the area. Another trash problem came from the new fire rings to the right on the entrance at North beach. People seemed to believe these new fire rings were trash receptacles. vlultiple times throughout the dipnet season, the department 4-Wheeler experienced mechanical issues, and was rendered not usable for beach duties. Aside from one shorted out sensor towards the end of the season in which it had to be returned for repairs, the AWT hanger was extremely dependable with no issues. (During times when the 4-Wheeler was in the shop, the hanger could not practically be used to access South Beach due to the fact a trailer was needed to haul it. A police Ford Expedition had to be used to access the beaches when ATVs were not available for use due to the fact the new police F250s weight makes it impractical for beach use. Each time a department vehicle was exposed to the beach, SEOs spent time to take it and clean the underbody well with high pressure fresh water, l dinet Fishery Statistics As previously mentioned SE®s responded to 77 dipnet related calls for service. Each call generated a STl report which is used for Police (Department documentation. These calls for service were divided among three locations: North beach, South beach, and the Kenai City Dock. This year the number of S'Tls for ATV activity was drastically reduced. Although SE®s contacted many people for illegal camping there were no citizen filed complaints to the Police Department resulting in no STIs in this category. $?1S6 tin. Misc. y 12 KENAI POLICE DEPARTMENT North & South Beaches After: Observations and Complaints The markings for handicap parking on the southern most portion of the NorthBeach parking lot have improved considerably since last year. There are more signs and the lines/barriers were repainted. The other section of handicap parking, on the eastern edge of the parking lot, needs some things. For example, a sign on both ends with arrows would be beneficial as well as the grass along the barrier being maintained. One citation was written for this area and was later dropped due to the lack of signage. 14 KB NAI POLICE DEPARTMENT Another problematic area in the North Beach parking lot was the no -parking zone for Kenai City Vehicles only zone. While there are signs posted in the area there are still parking spaces painted on the barriers. This section of the barrier could be painted red to avoid the confixsion. ® Parking for maintenance vehicles was another problem SEOs experienced during dipnet. In the past the north side of the barrier on the northern most section on the asphalt was reserved for maintenance vehicles. This was a problem in the past because it is improperly signed. This year temporary signs (paper signs on posts stuck in traffic cones) designated the south side of the same barrier as the maintenance vehicle parking area. These temporary signs did not last long in the rain and wind. The north side of the barrier needs to be the maintenance/city vehicle parking area. It needs to be appropriately signed with permanent signs and painted a bright color, such as yellow or red, to designate it as a no -parking zone for the public. ® The new signs at the North Beach entrance were a great improvement to the area. The color sign that displayed all the camping/fires/ATV rules seemed to cut down on the number of violations occurring on the beach. The same goes for the color sign at the end of South Forest. Unfortunately the signs posted as "no motor vehicles past this point" to the left of the North Beach South Spruce entrance were not as numerous as last year. There were only two and they were up close to the fencing. Next year it would be great to have many of these signs in a line down the beach to the water. ® The new wood post and chain fence at North Beach worked great for protecting the dunes. Once the chain was strung there were very little problems concerning the dunes, Prior to dipnet there were some problems with the removal of posts. During dipnet there were no ATVs in the dunes and minor amounts of foot traffic. • The path from Municipal Park to North Beach lost some posts during dipnet. The posts at the top and bottom of this path were great for cutting down on ATV traffic. Unfortunately these posts were removed by vandals. Perhaps it would be best if these posts were cemented in place to ensure their longevity. ® There were many complaints received from the residents on Toyon Way and South Forest concerning the amount of traffic at the end of South Forest. During peak days, cars would be parked on both sides choking the street and making it difficult for the residents to access their homes; it was less of a problem during the weekdays. Many of these complainants proposed a no parking zone be instated on one side of South Forest, This 15 KEN.AI POLICE DEPARTMENT would quickly solve the problem as long as the no parking zone had enough signs, and the curb was painted. We received many complaints about people parking for excessive amounts of time at the end of S. Forest. There was a severe lack of two hour parking only signs this year at the end of the street. This problem occurred on all days of the week, not just during peak - days. The no parking zone on South Spruce generated many parking tickets during this dipnet season. Out of the 26 citations that were issued during the peak of the season, a majority of these were written for parking infractions on S. Spruce. The main concentration of people parking in the no parking zone parked near the "entrance only" sign to the Catholic Church. It may be prudent to post a no parking sign in this area to out down on this problem. In addition it would be beneficial to repaint the curbs on both sides of South Spruce in the no parking zones. ® At the City mock the lanes for incoming and outgoing boaters need to be marked so that there is no confusion about where to go. There were several calls for service for people yelling at one another for cutting in the Iine. Having it clearly marked out would reduce the confusion and problems that we had for disgruntled fishermen. One other thing is to have the launching area designated for two lanes for launching and two lanes for pick up. ® It would help if the ATV Helmet Laws were posted on the beach pay shacks. We had an extreme amount of contacts with people letting their children on ATVs without helmets. It would be nice to have a dual purpose vehicle for SEO use during the dipnet fishery. One that can be taken on the beach and on paved roadways. That would be more practical than just having a vehicle that can only be used on the beach. Overall, SEOs operated efficiently and worked well together. It significantly helped that all four SEOs from 2008 returned to work as SECS in 20W This greatly reduced the amount of SEO training time that was needed at the beginning of the summer, and allowed the SEOs to be more proactive in the community during the first weeks of the summer. Throughout the dipnet season, SEOs had the opportunity to work closely with the R XENAi POLICE DEPARTMENT public, being a police presence on the beaches, and building positive public relations through service acts for the public, such as providing assistance with vehicle lockouts, assisting with stuck vehicles, and shuttling of elderly Salmon Frenzy volunteers. Overall it was a relatively good season, aside from the lack of sun and clear sides in .July. Compared to last year, some problems such as ATV use have declined, while other problems such as illegal camping and parking have grown. SEOs were kept busy throughout the season dealing with manny various problems; none ofwhich proved to be too difficult to handle. 17 pl 'il1aa e with a Prat Ciwdh a Fm are' 210 a idalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-36921 FAX: 907-293-3693 the city o f KENALALASKA MEMORANDUM To: Gus Sandahi, Kenai Police Chief Lt. Kim Wannamker, Kenai police Dept. Wayne Ogle, Public Works Director Terry Eubank, Kenai Finance Director From: Robert J. Frates, Kenai Parks & Recreation Director Date: Sept 16, 2009 RE: Dap Net Report - 2009 The 2009 Personal Use Fishery opened 6:00 am on Friday, July 10`" and closed at 11:00 pm on Friday, July 31 a. Preparation started well in advance of the opening day beginning with the completion of the north beach fencing project, ordering and installing signs, printing of brochures and maps, conducting staff training and meetings, securing vendors and placement of fee stations & boxes. The Personal Use Fishery on the Kenai seems to have grown in popularity overthe years and participation levels in this season's fishery appears to have exceeded all others. The Kenai Dock Facility also experienced an increase in boaters with several days marked by boaters exceeding the carrying capacity of the parking lot. Increased levels on the Kenai were probably influenced by economics (people wanting to fill their freezers), good return of fish, and river closures in other parts of the state. Steady fuel prices in July coupled with many residents choosing to vacation in -state with travel plans centered around the fishery probably contributed to its popularity as well This summer marked the first season for the permanent fence protecting the north beach dunes. The new fencing went a long way toward deterring unwanted foot -traffic resulting in strong growth of beach rye in areas otherwise typically trampled by pedestrian traffic. Several concrete fire rings on the north beach (going west from Spruce St.) were placed this season along with two Oft x 6ft colored informational signs. One sign was placed at the end of South Spruce St and the other at the end of South Forest Dr. A third Oft x 6ft sign was placed on the beach parallel with South Forest Dr. prohibiting parking and fire from this point westward. Good compliance was demonstrated and the department did not receive any complaints from the neighborhood residents along the bluff with respect to loud noise or smoke. As a response to extra traffic being directed onto gvedand Ave., the Public Works Department arranged for pedestrian lanes to be painted along the shoulder of this road in addition to providing directional signs for vehicular traffic. This appeared to have reduced the number of complaints from private property owners in this area. The North American Mission Board Volunteer effort was in full swing by the week of July 14th. Their effort was expanded to the South Beach and are currently planning a return for next season. Brenda Ci im reported they had 300 volunteers that gave 9,000 volunteer hours (not counting planning, 18 communication, fundraising, setup and take -down). The following is a summary of items given away and volunteer service provided; > 10,000 hotdogs given away 9 1,200 gallons of cocoa and 1,200 gallons of lemonade > 5,000 popsides A 200 cases of water 9 350 kids participated in Day Camp F 200 kids in the Bounce Mouses > 150 kids participated in sports games > 20f hours assisting with traffic control > Beach Cleanup > Provided filet & knife sharpening stations �, Provided a first aid station Litter and Fish Waste Control S&Et Enterprises provided the necessary dumpsters and removal of bulk trash both on the North and South Beach. Parks staff supplemented this effort by picking up trash on a daily basis along with the North American Mission Board. The KCHS Cross -Country Ski Booster Club assisted with clean up half - days on Mondays and Thursdays. The dub donated approximately 120 man-hours in addition to 50 man- hours setting up the fencing on the South Beach. Approximately 16 man-hours were spent raking the beach during the fishery in an effort the keep the fish waste to a minimum. Much of this effort is strictly tide dependant during the evening or early morning hours. Fish waste totes were placed on the beach and received some use, particularly when a filet station was placed next to it. Waste from the totes was emptied into a dumpster stationed in the parking lot. San tation Facilities Peninsula Pumping provided portable toilet service throughout the fishery. Bid specs were generated this season and distributed for bidding resulting in very favorable costs compared to last season. Savings over cast year was approximately $20,760. Portable units were basically serviced twice per day on Friday, Saturday, and Sundays on the forth and Side Beaches due to demand. Consideration was given in 2008 to constructing a permanent restroom at the end of Kenai Ave. Based on 2008 service costs, the payback time was projected to be around 6 to 9 years. however, based on 2009 service costs the payback stretches to around 13 to 15 years. Sand Dune Protection Measures to protect the North Beach dunes, including permanent fencing, signage and enforcement, worked extremely well. The fencing was a barrier that served well as a deterrent and provided the necessary durability to withstand abuse. The dunes were noticeably less trampled and healthier at the completion of this fishery than from years past. The Kenai Little League parking lot was once again used for over -flow parking. The Kenai Little League hosted a Major boy's tournament during the first weekend of the fishery but did not pose any conflicts. Parking on Spruce St. was very congested going into the second and third weekend but the American Mission Board volunteers were able to assist immensely by distributing fee envelopes which helped keep the traffic flowing. Allowing parking on the North Beach west of Spruce St. this season relieved some of the congestion that otherwise would have been created in the parking lot and other nearby areas. WE Expertise Summary Materials & Contract Sexmlces Portable Toilets $15,160 Dumpsters 16,000 *North Side Fencing 40,781 Receipt Books 1,034 No Trespass Sigrs/Posts 507 4x6 Signage (3 total) 2,520 Misc (propane, batteries, pens, etc.) 645 Info Brochures 300 Colored Maps 250 Phone/Minutes 750 Estimated Fuel Costs 1,000 Sub -total $78,947 'Reimbursable grant - 40,781 Sub -total $38,166 Rental Value (monthly) 1, 1 Ton $1,000 2, ''/x Ton (1 /4 time) 250 `Auger (2months) 5,000 Sub -total $6,250 "Reimbursable grant - 5 000 Sub -total $1,250 Labor Shack Attendants (1,122 man-hrs) $21,280 Fence Installation - North Beach (1,184 man-hrs) 25,000 Fence Installation - South Beach (24 man-hrs) 395 Beach Aides' (128 man-hrs 2,100 Beach Cleanup During/Aire (200 man-hrs) 3,675 Misc. Support (18.5 man-hrs) 430 Fee Collection at LL (30 man-hrs) 500 Admin. — Meetings, Training, & Planning° (35 reran-hrs) 1,800 Sub -total $54,980 Grand Total Expenses $94,396 ' Labor costs are for one park aide assigned to beach for general patrol, litter/fish removal, fence work and assistance with traffic. 2 Labor costs are for parks crew members supplementing work of Beach Aides for litter/fish removal, raking beach restroom cleaning, fence mending and post -fishery cleanup. 3 Labor costs are for trimming In parking lot on north shore, cleaning shacks, hanging signs, installation retrieval of fee boxes, getting change for shack operation, and shack check-ups. 4 Admin. labor costs (benefiis, etc.) for Director and Groundskeeper, including seasonal staff training. Materlals and Contracted Expenses Portable Toilets $1,500 Dumpsters 500 Restrcom Pumping 275 20 lS Meaning Supplies 330 Spray Paint 140 Sub -total $2,745 Labor Shack Attendants (230 man-hrs) $5,724 Traffic Control (7,75 man-hrs) 158 Dock Worker Evenson (128 man-hrs) 5,274 Dock Worker Bralley (120 man-hrs) 4,406 Sub -total $15, 562 Grand Totall Expenses $418,307 The following recommendations are preliminary based on initial observations and will be further reviewed throughout the process: Fees The City administration supports the increase of dipnet-related parking fees and camping fees only for the dates that Fish and Game authorizes personal use dipnet fishing on the Kenai River. For the days/dates before and after the authorized dipnet fishery the fees would not increase. The increase in fees would reduce the need for cash exchange and the need to carry extra five dollar bills in the shacks, as well as ensure adequate revenues. The recommended fees during the dipnet fishery are follows: North and South beach parking (per 12 hrs) $20 ($0 fee during non-dipnet dates) North and South beach camping $20 ($0 fee during non-dipnet dates) Parking Only at City Dock $15 ($10 fee during non-dipnet dates) Boat Launch at City Dock (includes parking) $20 ($15 fee during non-dipnet dates) Private Property on North Beach Consideration should be given to acquiring remaining privately owned properties along Kenai Avenue. This will add to better preservation and protection of the dunes and surrounding areas. Increase Fundinq (hrsf for Parks Employees Many of the currently funded hours are being dedicated to the Personal Use Fishery (fee shack operation) leaving shortage of hours for remainder of season, particularly early spring startup and fall. South Beach Permanent Fencing South Beach fencing similar to the North Side should be added for the protection of environmentally sensitive grass areas. Vendors Consideration should be given to better defining a program for vendors wishing to capitalize on the Personal Use Fishery, i.e., registration process, location, fees, etc. 21 om 1"Villaye withart Ci c " . N 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 N € Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 !992 theC,f,af UNUALASKA MEMORANDUM TO: Gus Sandahl, Chief of Police Terry Eubank, Finance Director FROM: Wayne Ogle DATE: September 17, 2009 SUBJECT: 2009 DIP NET SEASON; PUBLIC WORKS CONTRIBUTION This is a summary of the support Public Works contributions to the City's Dip Net operations. 2, Sigmage on North Reach i.e. "No Fire", "No Camping", "Private Property' Reset signs, npw 6nesf.... Workers � Hours Worked l Total Man-hrs Rate Cost Total 3 4 12 $42.98 I $515.76 i ui ment Operating Hours Total E uipment Rate �— Hours 1 4x4 Truck 4 4 $38.00 $152,00 1 CiLv backhoe 4 4 $47.50 $190.00 8$ 57./6 2, Rebuild Reach Aprpss Rn%A .sae T%Tes h uno., s-- c-. xT-. v,t-° -- Workers Hours Worked Total Man-hours mmzuy. Rate Cost Total 4 Equipment 8 Operating HouTa 32 Total Eaui ment 1 $42.98 1 j $1,375,36 Hours 1 966 Cat Loader 4 4 $96.00 $384.00 I Grader 4 4 $120.00 $480,00_ 3 Dump Trucks 3 9 $80.00 $720.00 Materials Loads Yards i 12-yd. Truck Loads of Gravel , 10 120 $6.50/yd, $780 $3.739.3 y 22 0 3. Final Preparation for Dip Net Operations. This consists of setting toll booths and, placing barricades rotection of toll boothsl on North and S th B ➢a Workers Hours Worked Total Man-hours on Rate $42.98 eac areas. Cost $1,719.20 Total 5 8 40 ui ment Operating Hours Total Eauipment I Hours _ 2 966 Cat Loade 2 8 $96.00 $768.00 with forks I Flatbed Truck 8 8 $48.00 $384.00 & Trailer $2,871.20 4. Parksinsi lots and arovel made arp aarsatioa nS f e a A., _a__ Workers -.--- --- Hours Worked -____ ..-_._, . Total Man-hours 120 %i ' -.aces. Cost Totat� 5 24 _Rate $42.98 $5,157.60 u- Equipment Operating Hours Total -Equipment Hours 14H 16 16 $120.00 20,00 14GCf 16 16 $120.00 Sander Truck 8 8 $35.00 j$1,920,00 80.U0 Small) I Materials i ' Calcium Chloride 1 ( $787 70 1 10 065.30 S. Retrieve Toll Booths & Barricades after Dip Net Operations. Remove event specific signage. Store in City vard. Workers Hours Worked I Total Man-hours 1 40 Rate Cost Total 8 $42.98 $1,719.20 ui m©nt Opera6nu Hours I Total Equipment Hours 2 966 Cat Loader 2 4 $96.00 $384.00 with forks i 1 Flatbed Truck 8 8 $48.00 $384.00 & Trailer ( $2,487.20 6. Build and install three new information si ns Workers I Hours Worked Total Man-hours 12 Rate Cost Total. 3 assemble si s 4 $42.98 $515.76 3 lace si 4 12 $42.98 $515.76 Equipment Operating Hours Total Equipment I j _ Hours Vactortuck 2 2 $150.00 300.00 Sackhoe 1 1 $47.50 $47.50 Materials#�Number of Items $75.00 $675,00 Sign post 9 4x8 sheets OSB 3 $12.95 $38.85 4x8 sheets 1/8" lexi- lass 3 $79.00 $237.00 $2.329 .87 23 103 7. Add gravel to South Reacts rnn.a ,, as ma v ... Workers Hours Worked Total Man-hours Rate Cost Total ; Total Equipment f I I�� Equipment gneratingHours Hours 12 4 Yards 3 Dum Trucks 966 Loader Materials 4 4 Loads $80.00 96.00 960.00 $384.00 L-212-yd loads ave2 10 I20 $6.50/yd. $780A0 $L,124,00 S. Place concrete tare rings and remove old d k l k Workers Hours Worked os an s Total Man-hours from forth Rate aseacm Cost Total 3 Equipment 4 QueratinQ Hours 12 Total E uinment Hours 2 2 2 $42.98 $515.76 Backhoe 966 Loader Flatbed Truck 2 2 2 $47.50 $96.00 $48.00 $95.00 $192.00 $96.00 $898.76 SumBmarv:Public Works contributed the following indirect support to the City of Kenai's 2009 leap Net Operations: Man-hours 28 -hours Total Cost E ui went Hours rates vary) 118 hours $12,034.40 Materials ds of gravel) 240 hours $10, 40 DOS i Fuel Costs @ $3.52/gal Ij 884 gallons $3 298 55 $3 11 i 68 Grand Total y ga l!aye -wifh a C# with a Fuhtre -. . FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 the ci�l Of Telephone: 907-283-7535 ekt 221 t FAX: 907-283-3014 KENRIALASKA To: nick Koch, City Manager From: Terry Eubank, Finance Director Date: September 24, 2009 Subject: 2009 Dipnet Summary Revenue and Particinants The 2009 dipnet season concluded with total revenue of $254,962, a 18.69% increase over the 2009 season. The 2009 season's user fees remained unchanged from the prior year. The following is a breakdown of revenue by location from the 2003 season through this season. 2003 2004 2006 2b06 2007 2008 2009 South Beach $ 11,336 $ 41,465 $ 44,078 $ 24,153 $ 50,418 $ 61,820 $ 64,008 North Beach 52,935 76,720 77,370 45,222 82,115 94,874 120,391 City Dock 43,654 51,770 52.017 41,115 67,812 58,131 70,563 Total _ 107.925 i 169 955 $ 173.465 �_110.490 $ 200.345 $ 214.825 S 254.962 ---- Dipnet Revenue -- i $300,000 $250,000---.... - -- -- ----_ — - - --- $200,000 -�----------- ---- ---- 't6South Beach $150,000 -- — — �Norih Beach �SDCity Dock $100,000 -, _ — - LMoral x 2003 2004 2005 2006 2007 2008 2009 25 2009 Finance Department Dionot Summary Total revenue increased in 2009 as a result of an increase in participants. The following represents an estimate of the number of participants by year. This is a very simple estimate and does not represent actual participant counts. South Beach North Beach City Dock Total 2003 2004 1,134 4,146 5,294 7,672 2006 2009 2007 2008 2009 4,408 2,415 5,042 4,121 4,267 7,737 4,522 8,211 6,325 8,026 2,910 3,451 3A68 2.741 4,521 3,875 4.704 9.338 15269 15,633 9.678 17,774 14,321 16.997 Credit Card Acceptance Credit cards were not accepted during the fishery this year due to the problems encountered last season. The biggest difficulty in accepting credit cards is the connectivity of the fee shacks. None of the shacks have permanent sources of power or communications. The result is slow access time and constant problems with systems needing recharging. Requests by participants to pay with a credit card were minimal. The one significant issue that could be reduced with a properly function credit card system is the amount of cash received in the fee shacks. Until connectivity problems are resolved credit cards are not viewed as an acceptable solution to our cash handling volume. The department will explore the ability to pay fees online as a possible solution. Candusion° Overall the 2009 dipnet season was a success from the Finance Department's perspective. It is anticipated that the implementation of the Department's recommendations will assure future success. The safety of our employees continues to be our strongest focus with reducing the amount of cash present at fee stations our number one priority. 26 r1; REVENUE NORTH SIDE PARKING $120,391.00 SOUTH SIDE PARKING 64,008,00 CITY DOCK FEES 70 563.00 TOTAL INCOME $264,962.00 EXPENDITURES FINANCE 5,599.58 PUBLIC SAFETY 19,192.96 PARKS & RECREATION 158,476,85 PUBLIC WORKS 28,485.13 TOTAL AEVENUES OVER EXPENDITURES $300,000 $250,000 $200,000 j $150,000 i $100,000 $50,000 TOTAL EXPEidDB'F'URBS ARK a RED. NOR'ni PARKING CITY DOCK SOUTH PARKING < PUBLIC WORKS P �Aa�cE Pueuc sAPETv �EVE�OE _ �E�PE€V�3I1'4�RE 27 107 NORTH SIDE PARKING $120,391.00 47,22% SOUTH SIDE PARKING 6008.00 25.10% CITY DOCK FEES 70,563.00 2768% TOTAL INCOME $ 264,962.00 CITY DOCK FEES $70,563 - 27. NORTH SIDE PARKING M 9n nQ4 .47 990A SOUTHSIDE PARKING—,,�- $64,008 - 25, 10% ; NORTH SIDE PARKING MSOUTI-I SIDE PARKING nCrrY DOCK FEES Dipnet Revenue $300,000 _. $250,000 — -- ----- ------ ----- $200,000 ------ ------ — -- 0 South Beach 10 North Beach 0 City Dock $100,000 7 ® Total —� $50,000 - $ 2003 2004 2005 2006 2007 2008 2000 EXPENDITURES A TIT@° utirr C®^aT T® FINANCE STAFF TIME DAILY CASH RECEIPT RECONCILIATIONS 161.00 HOURS 34.78 $ 5,599.58 TOTAL FINANCE $ 51599.68 PUBLIC SAFETY STAFF TIME OFFICER PATROLS -REGULAR TIME 64.00 HOURS 31.17 1,994-88 OFFICER PATROLS - OVERTIME 42.00 HOURS 48.19 2,023.98 SEASONAL EMPLOYMENT OFFICERS - REGULAR TIME 33T00 HOURS 15.44 5,203.28 SEASONAL EMPLOYMENT OFFICERS - OVERTIME 4.00 HOURS 23,46 93.84 PROJECTADMINISTRATION-CHIEF 1250 HOURS 42.56 532.DD PROJECT ADMINISTRATION - LIEUTENANT 20.00 HOURS 41,25 825.00 PROJECT ADMINISTRATION - SERGEANTS 11.00 HOURS 38.18 419.98 TOTAL PUBLIC SAFETY STAFF TIME 11,092.96 EQUIPMENT PICK-UP 1,00 MONTH 3,100.00 3,10D.00 ATV 2.00 MONTH 1,000.00 2,000.00 TOTAL PUBLIC SAFETY EQUIPMENT 5,100.00 DIRECT EXPENDITURES FUEL 1.00 ACTUAL 3,000-00 3,000.00 TOTAL PUBLIC SAFETY DIRECT EXPENDITURES 3,000,00 TOTAL PUBLIC SAFETY $ 19,192.96 PARKS AND RECREATION STAFF TIME SHACKATTENDANTS 1,382,00 HOURS 19.90 27,501.80 FENCE INSTALLATION - SOUTH BEACH 24.00 HOURS 16A6 395.04 BEACH AIDES 128.00 HOURS 16A1 2,100.48 BEACH CLEAN-UP 200.00 HOURS 18,38 3,676.00 MISCELANEOUS SUPPORT 26.25 HOURS 22.40 588.00 DOCK STAFF TIME 248.00 HOURS 39.03 9,679,44 PROJECT ADMINISTRATION - DIRECTOR 35.00 HOURS 45,71 1,599-85 TOTAL PARKS AND RECREATION STAFF TIME 2,043.25 45,540.61 EQUIPMENT PICK-UP 1 TON 1.00 MONTH 1,000,00 1,000.OD PICK-UP 112 TON 0.50 MONTH 500.00 250.00 TOTAL PARKS AND RECREATION EQUIPMENT 1,250.00 +7ti;;S.'YT . a PORTABLE TOILETS 1.00 ACTUAL 16,935.00 16,935.00 DUMPSTERS 1.00 ACTUAL 16,500.00 16,500,00 RECEIPT BOOKS, FEE ENVELOPES, & BROCHURES 1.00 ACTUAL 1,584.00 1,584.OD SIGNAGE 1.00 ACTUAL 3,027.00 3,027.00 FUEL 1.00 ACTUAL 1,000,00 1,000-00 MISCELLANEOUS 1.00 ACTUAL 1,865,00 1,865.00 TOTAL PARKS AND RECREATION DIRECT EY.PEN. 40,911.00 DUKE FENCING PROJECT MATERIALS 1.00 ACTUAL 40,781.00 40,781.00 EQUIPMENT RENTAL 1.00 ACTUAL 5,000.00 6,000.00 INSTALLATION LABOR (1,184 HOURS) 1,184.00 HOURS 21.11 24,994.24 TOTAL PARKS AND RECREATION DUNE FENCING 70,77524 TOTAL PARKS AND RECREATION $ 158,4TE.85 QUANTITti° UNIT COST TOTAL PUBLIC WORKS STAFF TIME NORTH BEACH SIGNAGE 12.00 HOURS 42,98 515.76 REBUILD NORTH & SOUTH BEACH ACCESS 32.00 HOURS 42.98 1,375.36 DIPNET SHACK AND BARRICADE PLACEMENT 40.00 HOURS 42.98 1,719.20 PARKING AND ROAD GRADING 120.00 HOURS 42.98 5,157,60 DIPNET SHACK AND BARRICADE RETRIEVAL 40.00 HOURS 42.98 1,719.20 PLACE FIRE RINGS ON BEACH 12.00 HOURS 42.98 515.76 INSTALLATION OF NEW SIGNAGE 24.00 HOURS 42.98 1,031.52 TOTAL PUBLIC WORKS STAFF TIME 280.00 12.034.40 EQUIPMENT PICK-UP 4.00 HOURS 38,00 152,00 BACKHOE 7.00 HOURS 47,50 332.50 966 LOADER 22.00 HOURS 96.00 2,112.00 FLATBED TRUCK AND TRAILER 18.00 HOURS 48.00 864.00 GRADER 36.00 HOURS 120.00 4,320.00 DUMP TRUCK 21.00 HOURS 80,00 1,680.00 VACTOR TRUCK 2.00 HOURS 150.00 300.00 SANDER TRUCK 8.00 HOURS 35.00 280.00 TOTAL PUBLIC WORKS EQUIPMENT 10,040,50 GRAVEL 240 YARDS 6.50 1,560,00 SIGNAGE 1 ACTUAL 950.85 950.85 CALCIUM CHLORIDE 1 ACTUAL 787.70 787.70 FUEL 884 GALLONS 3.52 3,111.68 TOTAL PUBLIC WORKS DIRECT EXPENDITURES 6,41023 TOTAL PUBLIC WORKS S 28,485,13 TOTAL EXPENDITURES S 211,754.52 [m [usl] CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 14, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences • Phil Bryson *All 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 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 part of the General Orders. 2. *APPROVAL OF MINUTES: a. *September 23, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09-46 — A resolution of the Planning & Zoning Commission of the City of Kenai recommending to the Council the enactment of KMC 14.20.235 to establish aprocess and standards for the siting, construction, and operation of Wind Energy Systems (Wind Turbines) as permitted secondary uses and accessory structures. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: a. PZ09-18 — A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Cotmeil that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9. REPORTS: a. City Council b. Borough Planning 111 c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. "Zoning Bulletin" —August 25, 2009 b. Quarterly Reports • Planning & Zoning • Building Department • Code Enforcement 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: A ITEM 1. CITY OF KENAI PLANNING & ZONING COMMISSION OCTOBER 14, 2009 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING El{l�i3f9�� EwmAifi w • ; �)`�y7 Chair Twait called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council. Liaison present: 1-b. Agenda Approval J. Twait, K, Rogers, G. Brookman, K. Koester, S. Romain, R. Wells P. Bryson (excused) City Planner M. Kebschu.11, Administrative Assistant to City Planner N. Carver, Deputy City Clerk C. Hall, Council Member R. Molloy Commissioner Romain read the following changes to the agenda: ADD. 9-a. Capital Improvements Program -- FY2011 10/ 13/09 Work Session Information 9-c. Planning Commissioner Training -- 11 / 17/09 Commissioner Romain MOVED to approve the agenda with the additions and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda Commissioner Wells MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences w Phil Bryson 113 Approved by consent agenda. *All 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 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 part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- September 23, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ09-46 — A resolution of the Planning & Zoning Commission of the City of Kenai recommending to the Council the enactment of KMC 14.20.235 to establish a process and standards for the siting, construction, and operation of Wind Energy Systems (Wind Turbines) as permitted secondary uses and accessory structures. City Planner Kebschull reviewed the staff report included in the packet, noting the resolution would require a principal structure and be accessory use only. Twait read the rules of public hearing and opened the meeting to public hearing. Kristine Schmidt, 513 Asir Avenue -- Spoke in favor of the resolution and thanked the Commission for their work. There being no other comments, the public hearing was closed. Commissioner Romain MOVED to recommend approval of PZ09-46 and Commissioner Rogers SECONDED the motion. There were no Commissioner comments. ►"o Q Twait YES BEyson EXCUSED I Rogers YES Brockman ;YES Koester YE8 Romain YES Wells YES PLANNING AND ZONING COMMISSION MEETING OCTOBER 14, 2009 PAGE 2 ITEM 7: NEW BUSINESS -- None ITEM S: PENDING ITEMS PZ09-18 - A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9-a. City Council -- Council Member Molloy reviewed the action agenda items of the October 7, 2009 City Council meeting, noting the Peninsula Avenue properties had been repurchased by the previous owner and encouraging the Commissioners to attend the Alaska Municipal League training. 9-b. Borough Planning -- None 9-c. Administration -- Kebschull encouraged the Commissioners to attend the AIVIL training. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. "Zoning Bulletin" - August 25, 2009 11-b. Quarterly Reports + Planning & Zoning • Building Department • Code Enforcement ITEM 12: COMMISSION COMMENTS & QUESTIONS -- None ITEM 13: ADJOURNMENT Vi[•3i:Q(*Wii Commissioner Brockman MOVED to adjourn and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. PLANNING AND ZONING COMMISSION MEETING OCTOBER 14, 2009 PAGE 3 9M There being no further business before the Commission, the meeting was adjourned at approximately 7:16 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Cleric PLANNING AND ZONING COMMISSION MEETING OCTOBER 14, 2009 PAGE 4 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 28, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Roil Call b. Agenda Approval c. Consent Agenda d. *Excused Absences Phil Bryson *All 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 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 part of the General Orders. 2. *APPROVAL OF MINUTES: a. *October 14, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) 6. OLD BUSINESS: 7. NEW BUSINESS: a. Vacation/Public Road Easement — Government Lot 93 (Bennett) — Review/Discussion. 11=20151719ClliHi�lt TFA a. PZ09-1 & —A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 117 a. 'Zoning Bulletin" - September 25, 2009 13. ADJOURNMENT: om OCTOBER 28, 2009 t• COUNCILCITY a ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. 1-b. Agenda Approval 00111043'tJ K. Rogers, G. Brookman, K. Koester, S. Romam, R. Wells, J. Twait P. Bryson (excused) City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall Commissioner Romain MOVED to approve the agenda as presented and Commissioner Brockman SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda Commissioner Wells MOVED to approve the consent agenda and Commissioner Brockman SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences 6 Phil Bryson Approved by consent agenda. *All 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 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 part of the General Orders. ME ITEM 2: '*APPROVAL OF MINUTES -- October 14, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 8: PUBLIC HEARINGS -- None ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS 7-a. Discussion -- Vacation/Public Road Easement - Government Lot 93 (Bennett) - Review, City Planner Kebschull reviewed the staff report included in the packet, noting support for the vacation with the retention of a 15 foot utility easement for a future water line, the vacation was approved by the Borough Planning Commission at its October 26, 2009 meeting, and Kenai City Council would have 30 days to veto the vacation. MOTION: Commissioner Romain MOVED to recommend approval of the vacation on Government Lot 93 and Commissioner Rogers SECONDED the motion. VOTE: Bryson EXCUSED Rogers YES Brookman YES ___7 Koester YES Remain YES Wells YES Twait YES MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS S-a. PZ09-18 - A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. PLANNING AND ZONING COMMISSION MEETING OCTOBER 28, 2009 PAGE 2 9-a. City Council -- Council Member Molloy reviewed the action agenda items from the October 21, 2009 City Council meeting, reported at the November 4, 2009 meeting there would be a public hearing on the Wind Energy Systems ordinance and on the Vacation of Easement discussed earlier, and noted the library had received a grant for laptop computers to be borrowed for use within the building. 9-b. Borough Planning -- Twait noted the October 26, 2009 meeting agenda was included in the packet. 9-e. Administration -- Kebschull reported the Parks and Recreation Director had had site visits to the future Marathon Park with the Department of Natural Resources, reminded Commissioners there would only be one meeting in November (November 10+b due to Veteran's Day Holiday) and one in December (December 9), and reported five commissioners would attend planning commissioner training during the AML conference in November in Anchorage. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. "Zoning Bulletin" - September 25, 2009 ITEM 12: COMMISSION COMMENTS & QUESTIONS Wells urged commissioners to support United Way. ITEM 13• ADJOURNMENT Commissioner Romain MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:16 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONTING COMMISSION MEETING OCTOBER 28, 2009 PAGE 3 9W \\ if,, at °f // KENAI. A ASKA DATE: October 19, 2009 NAME: Lisa Gabriel CITE' OF KENAI "Village with a past — City with a future. " BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAR: 283.5068 Resident of the City of Kenai? _Yes How long? _ 20 Years Residence Address 2305 Watergate Way, Kenai AK Mailing Address 2305 Watergate Way Home Telephone No. 907-283-4519 Home Fax No. —, Business Telephone No Business Fax No. Email Address:, gabriell@alaska , net May we include your contact information on our web page? ALL If not all, what information may we include? Name, email, phone EMPLOYER: Kenai Peninsula Borough School NAMEOFSPOUSE: Brian Gabriel Sr. Current membership in organizations: Past organizational memberships: Job Title Secre COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Beautification WHY DO YOU WANT TO BEINVOLVEDWITH THISCOMMISSIONOR COMMITTEE? 2 enjoy gardening and believe that our city is 'oeautiful and realize the m,-r 4aiiCz--oz=vim' "3rrr��i , WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Gardening Signature F OCTOBER 20, 2009 r CLERK/ COUNCIL CONFERENCE ROOM KENAI CITY HALL �r. ITEM 3: MEETING SUMMARY a. February 19, 2009 Regular Meeting b. April 15, 2009 Special Meeting a ITEM 5: a. Review of Applications • Trent Askin/Historic Bench • KCHS Football Booster Club/'Paint This Town Red" • ACIPA (Triumvirate Theatre)/Dinner Theatre Project ITEM 6: ANNOUNCEMENTS ITEM 7- 123 WINI-GRANT STEERING COMMITTEE •:MEETING OCTOBER 20, 2009 r, i' q, CLERK/COUNCILis `. • f '.'. PORTER,KENAI CITY HALL CHAIR PAT f MEETING SUMMARY .•: � . ► is Chair Porter called the meeting to order at approximately 4:03 p.m. Roll was confirmed as follows: Members present: P. Porter, T. Baldridge, T. Wisniewski, P. Carty Members absent: L. Reese Staff/Council Liaison present: Council Member J. Moore A quorum was present. ITEM 2: AGENDA APPROVAL Member Wisniewski MOVED to approve the agenda as presented and Member Carty SECONDED the agenda. There were no objections. SO ORDERED. ITEM 3: MEETING SUMMARY 3-a. February 19, 2009 Regular Meeting 3-b. April 15, 2009 Special Meeting Member Carty MOVED to approve the meeting summaries of February 19 and April 15, 2009. Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. 5-a. Review of Applications 1. Trent Askin/Historic Bench Member Wisniewski MOVED to fund this project with approval to accept it by Parks and Recreation. Member Carty SECONDED the motion. There were no objections. SO ORDERED. 2. KCHS Football Booster Club/"Paint This Town Red" ;s r Member Carty MOVED to fund this project and Member Baldridge SECONDED the motion, There were no objections. SO ORDERED. 3. ACIPA (Triumvirate Theatre)/Dinner Theatre Project Member Carty MOVED to fund this project and Member Baldridge SECONDED the motion. General discussion occurred. Porter I NO I BaldridRe NO I Wisniewski 1 NO ITEM 6: ANNOUNCEMENTS -- None ITEM 7: ADJOURNMENT MOTION: Member Carty MOVED to adjourn and Member Baldridge SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting adjourned at approximately 4:25 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk MINI -GRANT STEERING COMMITTEE OCTOBER 20, 2009 PAGE 2 WR p1, I • IIIII OCTOBER 15, 2009 COUNCILCITY 7:00 P.M. AGENDA ITEM I: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- September 17, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM @: OLD BUSINESS a. Discussion -- Cemetery Design ITEM 6: NEW BUSINESS ITEM 7: REPORT a. Committee Chair b. Director C. City Council Liaison ITEM 8: COMMITTEE MEMBER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for September 16 and October 7, 2009. ITEM 11: ADJOURNMENT IM ADVISORY CEMETERY COMMITTEE OCTOBER00 CITY COUNCH, CHAMBERS ♦♦ P.M. MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Vice Chair Buffington called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Members present: J. Buffington, R. Harrison Members absent: B. Elder, K. Mohn Staff/Council Liaison present: Parks and Recreation Director R. Frates, Public Works Director W. Ogle, Council Member B. Eldridge No quorum was present. ITEM 2: AGENDA APPROVAL ITEM 8: APPROVAL OF MEETING SUMMARY -- September 17, 2009 ITEM 5: OLD BUSINESS a. Discussion -- Cemetery Design ITEM 7: REPORT a. Committee Chair b. Director C. City Council Liaison ITEM 10: a. Kenai City Council Meeting Action Agendas for September 16 and October 7, 2009. ITEM 11 Due to lack of quorum, the meeting ended at approximately 7:10 p.m. W Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk ADVISORY CEMETERY COMMITTEE MEETING OCTOBER 15, 2009 PAGE 2 00 0 GIMISMI; ed z FA 0 rxcl Rick Koch From: Nathan Butzlaff[nbutzlaff@jeffersonconsulting.com] Sent: Wednesday, October 28, 2009 2:00 PM To: Rick Koch Co: Christine Cunningham Subject: Re: Coastal Erosion - Federal Legislative Update Attachments: FY2010 Energy and Water Appropriations Act - Alaska Erosion Provision.pdf; ATT50797.htm; Title 33 Section 2213 United States Code.pdf; ATT50798.htm Good Afternoon Rick, % wanted to let you know that President Obama signed the Fiscal Year 2010 Energy and Water Development Appropriations Bill into law earlier this afternoon. The bill includes this language: The Secretary of the Army is authorized to carry out structural and non-structural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in Alaska, including relocation of affected communities and construction of replacement facilities: Provided, That the non -Federal share of any project carried out pursuant to this section shall be no more than 35 percent of the total cost of the project and shall be subject to the ability of the non -Federal interest to pay, as determined in accordance with 33 U.S.C. 2213(mj." I have attached the final copy of this legislation and its reference to title 33, section 2213(m). As you can see, this language restores the blanket authority of the Corps of Engineers to work on coastal erosion projects in Alaska However, this new language does not pay for all projects at full federal expense as the old language did - it gives the Corps flexibility so that the authorization can be used for projects, such as the bluff erosion project in Kenai (where the City has snatching funds) or coastal erosion projects in villages like Shishmaref (where they likely have little to no matching funds). As you know, we pitched related language to Senators Murkowski and Begich earlier this year, with the help of AFN. Ultimately, Senator Murkowski was able to include this in the legislation that just became law. The legislation that passed today also includes $921,000 for the Corps to do coastal erosion construction work in Alaska (page 3 of attachment 1). Based on experience, this funding is very likely for Shishmaref and the other villages experiencing extreme coastal erosion problems. In order for the Kenai Bluff Erosion Project to move forward, the next step is for the City to secure funding from the Corps of Engineers - as an earmark in the Fiscal Year 2011 Energy and Water Appropriations Bill. December 20091January 2010 is the best time to gear up to request earmarked funding from the delegation. Of course, we'd be happy to restart our working relationship with the City of Kenai at or before that time to accomplish that goal. Please let me know if you'd like to discuss further. Best, Nathan IKI 111TH CONGRESS REPORT Ist Session HOUSL+ OF REPRESENTATIVES ! 111-278 ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2010 SEPiEMBER 30, 2009 —Ordered to bo. printed Mr_ PASTOR of Arizona., 0•om the Committee of Conference, submitted the following CONFERENCE REPORT [To accompany H.R. 31831 The committee of conference on the disagreeing votes of the two Houses on the amendment of the Serrate to the bill (H,R. 3183), making approppriations for energy and water development and related agencies for the fiscal year ending September 30, 2010, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the, amend- ment of the Senate and agree to the same with an amendment as follows: In lieu ofthe matter proposed to be inserted by the Senate amendment, insert the following: That the following sums are appropriated our of aatone}, of the Treasury not othervvise appropriated, for energy ann roarer develop- ment and related agencies for the fiscal. year ending .September 0, 2010, and for other purposes, namely: TITLE 1 CORPS OF ENGINEERS —CIVIL DEPARTMENT OF THE ARMY CORPS OF ENGINEERS —CIVIL Tile following appropriations shallbe expended under the direc- tion of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil lb"Cnons of the Department of the Array pertaining to rivers and harbors, flood and storm damage re- SEC. 113. The project for flood damage reduction, Des Moines and Raccoon Rivers, Des Moines Iowa, authorized by section l001(27) of the Water Resources Development Act of 2007 (121 Stet 1053,', Is modified to authorize the Secretary to construct the project at a total cost of 816,500,000 with an estimated Federal cost of $10, 725,000 and an estimated non -Federal cost of$5,775,000, SEC. 114, The project for flood damage reduction, Breckenridge, ,'Minnesota, authorized by section 320 of the Water Resources Devel- opment Act of2000 fPublic Law 106-541; 114 Stat. 2605), is modi- fied to authorize the Secretary to construct the project at a total cost of $39,360,000 with an estimated Federal cost of $25,000,000 and an estimated too -Federal cost of $14,360,000, SEC. 115. Section 122 of title 1 of division D of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7,, 117 Stat 141) is amended V striking 710,000,000" and inserting 727,000,000' n lieu thereof. SEC. llo The Secretary of the Army is authorized to carry out structural and non-Strurmi-al projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage In Alas- ka, including relocation of affected communities and construction of replacement facilt'ticto Provided; That the non -Federal share of any project carried out pursuant to this section shall be no more than 35 percent of the total cost ofthe project and shall he subject to the ability cf the non -Federal interest to pay, as determined in accord - once witY, 33 US.C, 2213(m). SEC. 117. Section .31110) of the Water Resources Development Act, 2007 (Public Lew 110-114; 121 Stat. 1041) is amended by in- so,etq after the word 'before'; the following., on and after', SEC. 118, The flood control project for West Sacramento, Call- fornla, authorized by section 101(4). Water Resources Development Act, 1992, Public Law 102-580. Energgyy and Water Development Ap- propriations Act, 19.99, Public Law 105-245, is modified to author- ize the Secretary of Army, acting througqh the Chief of E'ngi eters, to construct tire project at a total cost of $ 3,040,000 with an estimated Bret Federal cost of $38,355,000 and an estimated non -Federal flirt cost of $14,685,000. SEC. 119. Section 5,28(b)(3)(0(il) of the Water Resources Devel- opment Act of 1996 (110 Seat. 3 69; 121 Star. 1270) is amended— (1) in subdause (V b striking "subdause (11)" and insert- ing 'subdauses I I and (VIl) "; and (2) by adding at the end the following�: 'all) TEN MILE CRBdK WATER PRESERVE AREA. --The Federal share of the cost of the Ten Mile Cmek Water Prosrve Area may exceed $25,000,000 by an amount equal to not more than $3,500,000, which shall be used to pay the Federal share of the cost of — '(he) the completion of a post authoriza- tion change report; and "(bb) the maintenance of the Ten Mile Creek Water Preserve Area in caretaker status throc{gh fiscal year 2013'. SEC. 120. As soon as practicable after the date of enactment of this Act, front funds made available before the date of enactment of this Act for the Tampa Harbor Big Bend Channel project, the Sec. 131 9 Caps of CrvJlmm¢ hvnixAndme—P.pS YSAAlt WAIER R6U91$',9WNW M1L\1fN-f, H: � 4270,00( trvwgc Corps nt ingimei< trzmttigntims—M TAKE COUM, Mafim fYotTiATm't R% IUMN AND RF4l Rfi'tN, 11Id:. IL SZOURO Am N'ym tv ofElm+*' in ,ga._ PAC ALA1U"AA fl'WpfgR'1 vvq RN UK LW.WP, fitter Falb INmie 170 Af E"g., SCAOH MAIe INAWV311D, H' mDW blue #I,i: n fmrys of Engwms in ec,g„ms 4A5 SIAIF id HAWAi C NCPA AOUD mmR'P RAH MAT", STAiE UC HAflAI AM. PACRY; fEBRt PES HI YI RMI,C!pi Xvmo ---_ bmu}c dtalm �—_ C" o[ Cnginma pne-,ei'm--_PAi STAT,E % IMPI KWAL MTS'S, Fit SlMm 113me tR" Cah ei fngnw.z tnw>tlymim, _PhS 5fMIA WAIER MANAGRAFNT Ras CUR COWAt r,MMdD WIVES. M Sm'm Webb, Wamx UP, At EmAinms !oecglamLms—PAS WAIMMALD WxSiEWATR EHIDENi REUSC PIA, WIT of NAN'A9 AND PA^ FIC TCPRIiUfBS HI wlima I'll. kpus r."et aKn lm tgrtims—Rs0 i SFAWI ANC [`UOPlail iXM1S,[R'ED AgMTN: Y CIFAFIMi, FW S YA SE-]. WP Cali" cnrys d F nghms Immstigt no--RZU RCSJJhI' fdA ptlLCPA ENf URBtA ftWU OEii DR U ISIRA-iCN NUCFAtA ORL NY 51 I43Dc0 Nut frcpz M [eg wes P ndn Rim 4EGI»0.. OtWCA xw SLSI Vl' NW szA22'9w f y., leagtm P aDT.', T unil fm2s d Ln?i:,ms Cry ttni^Im ALAM.'AiRP?i, NM -- _— 52. 7 ow I Teeg. P.7T'rm?r. i W1 - .,.. [` t __ klitSW CWST0. FP" ,, N. AK i92I11m LmpsME+ym' TrnamKm ACIfi E'7 P8I MRO':OLAC...AKF IX'tl 1lSBtv', NY f-1Y'.C"C Sctdmtr �.._ .. Corps o, a""', Lmt9rvrCm AMAIX 11011 Chia( l Ca FRVIALE LAKE MM Liu Mum x Pic= S."ns C r.AfT,r, 'CTWIC _—_. ArcIIA',iC ft A_M C@l P - LA6i ORVIRR.N YT __...._. .. SSIX!M4. US COUG; Title 33,2213. Flood control and other purposes littpliwww4.la*A,,comell,edwusco&/html/uscode33/us�sec�_33_0... Search Law School Search Cornell LIT / Legal Information Institute J} U.S. Code collection TITLE 33 > CHAPTER 36 > SUBCHAPTER I > § 2213 § 2213, Flood control and other purposes (a) Flood control (1) General rule The non -Federal interests for a project with costs assigned to flood control (other than a nonstructural project) shall -- (A) pay 5 percent of the cost of the project assigned to flood control during construction of the project; (B) provide all lands, easements, rights -of -way, and dredged material disposal areas required only for flood control and perform all related necessary relocations; and (C) provide that portion of the joint costs of lands, easements, rights -of -way, dredged material disposal areas, and relocations which is assigned to flood control. (2) 35 percent minimum contribution If the value of the contributions required under paragraph (1) of this subsection is less than 35 percent of the cost of the project assigned to flood control, the non -Federal interest shall pay during construction of the project such additional amounts as are necessary so that the total contribution of the non -Federal interests under this subsection is equal to 35 percent of the cost of the project assigned to flood control. (3) 50 percent maximum The non -Federal share under paragraph (1) shall not exceed 50 percent of the cost of the project assigned to flood control, The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection, (4) Deferred payment of amount exceeding 30 percent If the total amount of the contribution required under paragraph (1) of this subsection exceeds 30 percent of the cost of the project assigned to flood control, the non -Federal interests may pay the amount of the excess to the Secretary over a 15-year period (or such shorter period as may be agreed to by the Secretary and the non -Federal interests) beginning on the date construction of the project or separable element Is completed, at an interest rate determined pursuant to section of 8 10/27/09 6:22 PM US CODE; Title 33,2213. Hood control and other purposes http://www4.law.comelLedu/uscode/htmiluscode33/usc sec ,13_0... (j) Agreement (2) Requirement for agreement Any project to which this section applies (other than a project for hydroelectric power) shall be initiated only after non -Federal interests have entered into binding agreements with the Secretary to pay 100 percent of the operation, maintenance, and replacement and rehabilitation costs of the project, to pay the non -Federal share of the costs of construction required by this section, and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors. (2) Elements of agreement The agreement required pursuant to paragraph (1) shah be in accordance with the requirements of section 1962d-5b of title 42 and shall provide for the rights and duties of the United States and the non -Federal interest with respect to the construction, operation, and maintenance of the project, including, but not limited to, provisions specifying that, in the event the non -Federal interest fails to provide the required non -Federal share of costs for such work, the Secretary — (A) shall terminate,or suspend work on the project unless the Secretary determines that continuation of the work is in the interest of the United States or Is necessary in order to satisfy agreements with other non -Federal interests in connection with the project; and (B) may terminate or adjust the rights and privileges of the non -Federal interest to project outputs under the terms of the agreement, (k) Payment options Except as otherwise provided in this section, the Secretary may permit the full non -Federal contribution to be made without interest during construction of the project or separable element, or with interest at a rate determined pursuant to section 2216 of this title over a period of not more than thirty years from the date of completion of the project or separable element. Repayment contracts shall provide for recalculation of the interest rate at five-year intervals, (1) Delay of initial payment At the request of any non -Federal interest the Secretary may permit such non -Federal interest to delay the initial paymentofany non -Federal contribution under this section or section 2211 of this title for up to one year after the date when construction is begun on the project for which such contribution is to be made. Any such delay in initial payment shall be subject to interest charges for up to six months at a rate determined pursuant to section 2216 of this title. (m) Ability to pay r (1) In general Any cost -sharing agreement under this section for a feasibility study, or for of 9 10/27/09 6:23 PM 11M US CODES Title 33,2213. Flood control and other purposes bttp://www4.law.comell.edu/uscodefhtrril/uscode33/tisc_sec_33_0... ;of8 construction of an environmental protection and restoration project, a flood control project, a project for navigation, storm damage protection, shoreline_ erosion, hurricane protection, or recreation, or an agricultural water supply project, shall be subject to the ability of the non -Federal interest to pay. (2) Criteria and procedures The ability of a non -Federal interest to pay shalt be determined by the Secretary in accordance with criteria and procedures in effect under paragraph (3) on the day before December 11, 2000; except that such criteria and procedures shall be revised, and new criteria and procedures shall be developed, not later than December 31, 2007, to reflect the requirements of such paragraph (3). (3) Revision of criteria and procedures In revising criteria and procedures pursuant to paragraph (2), the Secretary — (A) shall consider— (1) per capita income data for the county or counties in which the project is to be located; and (ii) the per capita non -Federal cost of construction of the project for the county or counties In which the project Is to be located; and (8) may consider additional criteria relating to the non -Federal interest's financial ability to carry out its cost -sharing responsibilities, to the extent that the application of such criteria does not eliminate areas from eligibility for a reduction in the non -Federal share as determined under subparagraph (A). (4) Non -Federal share Notwithstanding subsection (a) of this section, the Secretary may reduce the requirement that a non -Federal interest make a cash contribution for any project that is determined to be eligible for a reduction in the non -Federal share under criteria and procedures in effect under paragraphs (1), (2), and (3). (n) Non -Federal contributions (1) Prohibition on solicitation of excess contributions The Secretary may not — (A) solicit contributions from non -Federal interests for costs of constructing authorized water resources projects or measures in excess of the non-Federai share assigned to the appropriate project purposes listed in subsections (a), (b), and (c), or (6) condition Federal participation in such projects or measures on the receipt of such contributions. (2) Limitation on statutory construction Nothing in this subsection shall be construed to affect the Secretary's authority under section 903 (c).itl 10127109 6:23 PM MR CITY OF 3i RK — Rick Koch WO — Wayne Ogle LF — Larry Floyd BF — Bob Frates City Contact Project Name Status LF Fire Department Carpet Replacement Replace flooring at fire house with carpet & tile. Fire Department personnel paintad out interiors aces. C LF Kenai Communication Center Bid Documents under internal review prior to going out Ergonomic Upgrade - 2010 for bid. RK Replace Culverts on 4"Avenue. And Engineering by Wm. J. Nelson &Associates. Bid to go raise waterline. out in March 2010. ' WO Airport Runway Safety Improvements: Taxiways F,G,H Lighting, Grading, Alaska Roadbuilders. Project complete except two ! Drainage - 2009 signs on order. Working on Project closeout report. Construction contract awarded to Alaska Roadbuilders, WO AP Apron Rehabilitation — 2009 - 2010 Two year project which uses some ARRA funds. Construction underway. Furnish and install approximately 30 concrete planks. BF Boat Launch Ramp Plank Replacement - Awarded to G & H Construction; Project completion 2009 delayed until 30 May 2010 due to insufficient low waters. RK Bridge Access Road — Water & Sewer Engineering by Wm. J. Nelson & Associates is Main Ext. underway. WO Contaminated Soils — Shop Further work in propress. iThe Corps has received funds to help with the design and answer any questions from the study and agencies RK Kenai River Bluff Erosion Control Project including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitorinq wells. 815/09 Council approved Amend 2 ($402,000) to WO Library Expansion ECl/Hyer contract for design development, construction document & bidding phase services. WO Marathon Road — Phase II { HDL engineering. Project being bid by State DOT, Baron Park & HEA Access Road RK Lawton Drive -Beaver Loop Water Engineering by Wm. J. Nelson & Associates is 2009 underway. LF Vintage Pointe Dry Pipe Sprinkler Alaska Automatic Fire Protection — Final Project System Replacement Closeout LF Vintage Pointe Window Replacement Worldwide Roofing — Pro ect closeout. HDL further investigation of water treatment methods RK Water System at Spruce St. & Second Ave. and Weiihouse 2 locations. WO Wildwood Drive Improvements Preliminary engineering complete. ROW issues. Project on hold. 9/2/2009 W To: Rick R. Koch- City Manager From: MaryBondurant—Airport Manager Date: October 12, 2009 Subject: ACtP Project List FY2010-FY2012 Each year the FAA requires the Airport to submit an updated Airport Improvement Project list This list consists of projects eligible forfederal funding from FY 2010 through FY2012 from the Airport Master Plan, Supplemental Planning Assessment, and FAA approved Airport Layout Plan. Attachment www.d.kenaLak.us. 137 I 010- 01 MYY�SGipIa1 R:itpanTp Yex Prakd Entitlement Assumed Entltilaodat Pendl Assumed Entitement Assumed m Olntionary � � Airport Fund I Ertlmated toEal Funds Utitl¢¢d Balance Fumde Redapt5 Fuadsitaceiaed 5%C rlbutien Canxdsutlon Wads P¢qurad i 2009 float Plane Basin Environmental Assessment $ 57,000.00 $ (57,000.00) $ 31m0,00 $ 60,m0.m 2030 Float Win Pharean. h i, $ 125,P50.00 $ W,250.m $ 1,100,OOD.m $ 9,250A0 $ Iei,m0.m 2010 Supplemental Master Plan$ 364,9m.m $ 502,450.00 i $ 19,200.00 $ 384,00.00 2010 Pink Pane ba9n & Obstruction Clearing $ 142,Sm.00 I $ 359,950.m $ >,Sm.00 $ i50,000.00 2011 New Combo SandeHPlow Truck $ 359,550.00 $ 321,)50.00 $ 49,250.00I $ 865,m0.00 Floe Plane Basin Phase 1 2021 Construction with Elea, $ 1,421,750.00 S 38,xado $ l,lm,0m.00 $ 958,250.00 $ 125,Om.00 $ MlmOm $ 2150010m.00 Tale., & Gas i Willow a. and NE Apron 231 Environmental Asseasment $ 57,000.00 $ (18,8m.00) $ 3,Om.00 $ 325,000.00 1200ft. 2012 Willow Adopt and NE Apron Design 1200ft. S 251,250.00 $ E29,450,m > 1,M,000.00 �$ 13,250.00I $ 265,Om.m� 2032 Wiflow 5t. E#ensimn 700ft. $ 180,5OO.0 $ 648,950,m l $ 5,500.00 $ 150,000.00 $ 340,Om.00 Phase 1 Comtruction 2012 NE Apmm Extension ft - $ 64%950A0 $ - $ 1,631,050.m $ 12gm0,m $ 2ROO,m0.m Phase 1 Constructwn on i TOTAL $ 3,3m,000.00 $ 313001m0A0 $ 3,406,050A0 $ 352,SW,00 $ 4m,000.00 $ 7,494XO.00 I I OKE ERA GRANT Change KENAI Combined Month AVIATION AVIATION Total 2006 fro0m AVIATION Month Total 20 January 51063 1.761 6,824 7,752 1 -928 322 7,146 February 4,369 1,602 5,971 7,032 -1,061 316 6,287 March 4,592 1,437 6.029 6,911 { -882 328 6,357 April 4,233 1,571 6,804 7,057 -1,253 277 6,081 May 4,968 1,643 6,611 7.572 -961 248 6.859 June 5,069 1,788 6,857 8,020 -1,163 313 7,170 July 7,368 2,244 9,612 11,274 -1,662 390 10002 August 6,881 2,272 9,153 10,492 -1,339 352 9,505 September 5,445 1,934 7,379 7,761 -382 246 7,625 October 0 7,805 November 1 0 6,738 December 0 7,183 Totals 1 47988 1 16252 1 64,240 95597 1 -9,631 2,792 67032 5-year Comparison Chart 2007 2006 2006 2004 2003 January 7,417 6,466 6,D23 6,326 6,454 .�5,2', March 6,667. 6,808 6,184 5,993 5,280 Y#7at111 .<;.. .. '�,`4�8 May 7,391 7,071 5,974 5,700 5,848 Jane•,-,,, ,r '7„'$3S _798 July 11,606 11,370 10,860 10,654 9.446 September 7,598 7,359 6886 6838 6,435 ;.�8-OD _ ... `. .. November 7,413 7,068 6,938 6.245 6,820 . Totals 93,684 90,076 83,523 82,009 76,729; 90000 85000 i 75000 70000 2007 2006 2005 2004 2003 IN 14111111mmollill re 2005-2009 niclpM AIrp ------------------^--_-__________--------- ____ OPERATIONS Month 2009 2008 2007 2006 2005 APRIL Closed 0 0 0 2 MAY 118 66 0 99 114 JUNE 190 118 72 151 317 JULY 242 242 178 265 327 AUGUST 278 192 221 251 238 SEPTEMBER 146 119 173 136 227 OCTOBER 48 30 51 100 NOVEMBER Closed Closed Closed Closed Totaly 78Ss �i 3 ` 12 __________________ ____________notreported ®FUEL --------- SALES Month 2009 2008 2007 2006 2005 MAY $368 $561 $0 $0 $1,035 JUNE $2,714 $3,443 $988 $909 $3,101 JULY $2,815 $3,252 $2,660 $3,138 $3,461 AUGUST $3,390 $3,506 $2.721 $2,023 $3,365 SEPTEMBER $2,498 $1,735 $2,493 $2,051 $2,811 OCTOBER $100 $1,62 $297 $693 Slips Rented Private 11 Commerical 0 Rev 612008 om slalom 01 CITY OF KENAI 210 FIDALGO AVE., KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 EM0RANDUM TO: Mayor Porter and Councilors FROM: Krista S. Stearns, City Attorne DATE: October 29, 2009 RE: City Attorney Report —Legal Research Services For the past many years the Legal Department contracted on a yearly basis with Lexis- Nexis for computerized legal research services. That contract expired on July 31, 2009. In light of the transition to a new City Attorney, Cary Craves kindly arranged with Lexis- Nexis to allow the City to continue to access services on a month -to -month basis at the former contract price until I could review the matter and make new selections. I have priced computerized legal research plans with both Lexis-Nexis and Westlaw. I selected Westlaw as the new provider. With a 3-year commitment to use its services, subject to annual appropriation of the law department's budget, Westlaw is giving the City a. 40% discount off of its normal price. One incentive to go with Westlaw is that, with the discount, the City will add functionality to its research plan and obtain access to case law from all 50 states and the federal courts, an incredibly valuable research tool. There is a small increase in the monthly price over current costs; but, the budget impact for this fiscal year is $400 and no increase of appropriation is anticipated. As an incentive for transferring our business to Westlaw, Westlaw is also providing the City with one month's free services and $1,000 in print materials. I Oki 4 :101OAKI "Village with a Past, # with a Future ®, rr �' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -- Telephone: (907) 283-7535 / Fax: (907) 283-3014 wvvw.cLkenai.ak.us \� fk- csty Of /Z KENALALASKA \V� MEMORANDUM TO: Mayor/Council Members FROM: Carol L. Freas, City Clerk DATE: October 29, 2009 The following ordinance has been listed as pending legislation on council meeting since December 3, 2008. ® Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From rural Residential (RR1) to Limited Commercial (LC). Actions taken on Ordinance No. 2362-2008 were: Introduced by approval of the consent agenda on November 19, 2008. • Tabled, directing administration to bring back a more comprehensive plan for rezoning of the area in accordance with the Comprehensive Plan by January 9. If Council wishes to remove Ordinance No. 2362-2008 from pending legislation and the ordinance be filed, if the issue comes before Council again, it would begin as a new ordinance with a new ordinance number. .Does Council direct the City Clerk to remove Ordinance No. 2362-2008 from wending legislation to be filed? l PURCh..aE ORDERS BETWEEN $2,600.00 AND $16,000.00 FOR COUNC L .,EVIEW COUNCIL MEETING OF: NOVEMBER 4, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 4,000.00 CARMODY MASONRY INSTALL CONCRETE PAD & SIDEWALK PARKS IMPROV. OTHER THAN SLOGS 10,400.00 KCHS - NORDIC SKI TEAM BEACH CLEANUP PARKS MISCELLANEOUS 7,500.00 Kenai Area Fisherman's Coalition Governor Sean Parnell P.O. Box 110001 Juneau, Ak. 9981.1-0001 Dear Governor Parnell, Oct. 26, 2009 The Kenai Area Fisherman's Coalition (KAFC) is composed of scientists and fishers from, the Kenai Peninsula area who want to see good science and appropriate management techniques used in State of Alaska fisheries. We also want to see a fair process in the allocation of resources between user groups. In this context we have some serious concerns about the recent October 2009 work session meeting of the Board of Fisheries, and in particular one Board member who has insulted some communities of the Kenai Peninsula and their residents. The BOF work session bead on the agenda a request from our group, the Cities of Kenai and Soldoma, and the Kenai Peninsula Borough to hold the 2011 BOF meeting in the Kenai / Soldotna area. The last time a meeting of the full BOF on Upper Cook Inlet issues was held in our community was in 1999. In contrast, holding the last three meetings in Anchorage gave the citizens of Anchorage and the Mat/Su easy access to the Board process. Participants from our communities had to travel over winter roads and incur significant costs to participate. Therefore, the request to have the 2011.meeting on the Kenai Peninsula was not an unreasonable one. However, it appears that Board member Howard Delo felt obligated to present his views prior to the BOF meeting and further insult folks in our communities by writing a negative op-ed piece in the Mat -Su Valley Frontiersman newspaper. Mr. Delo wrote the following; As I wrote in this column a few weeks ago, just choosing the location of a BOF regulatory meeting can become quite contentious. The dates and locations for next year's slate of meetings will be determined at this work session. The Upper Cook Inlet BOF meeting is part of next year's cycle. This meeting always has contentious issues argued between the various Cook Inlet user groups. For the past several meetings, the meeting location has been in Anchorage, which is considered to be accessible for all interested parties. However, the Kenai Peninsula folks do incur more costs to attend a meeting in Anchorage than, say,folks from the valley. We can commute while the folks from the Peninsula are forced to rent a hotel room. This can become a burden to the "average"person wanting to have their input considered in the board process. The City of Kenai has requested that the BOFhold the next Upper Cook Inlet meeting in Kenai That should spark some interesting discussion! 1, ' As I understand things, the reason the board has not held a meeting in either Kenai or Soldotna for the past several. cycles was because the last meeting held in that area resulted in physical threats against board members. According to the stories I've heard, troopers were called in and essentially ended up having to maintain a heavy presence to keep the remaining portions of the meeting civil. Have the residents of the Kenai Peninsula progressed beyond that "bullying" stage to where a meeting on contentious issues can happen without threats andphysieal violence? I don't know. They may have an uphill battle to convince the board they have changed Mr. Delo as a BOF member should be held accountable for such negative and false comments. The allegation of physcal threats to BOF members is wrong. A single instance of one fisherman getting mad at another fishing group representive resulted in a brief, out of the room confrontation. The situation was quickly put to rest, without any physical contact. The troopers were called, however, they did not issue any citations nor did they stay for most of the meeting with a "heavy presence to keep remaining portions of"the meeting civil. " Unfortunately, those who have political reasons for keeping the meetings out of the Kenai area continue to use this single 5 mintue event to justify not having meetings in the Kenai area. Further, Mr. Delo indicates that all residents of the Kenai Peninsula must learn to stop bullying. Is this the language and tone a BOF member should use when carrying out his duties to represent all of the State's residents fairly? We think not, and question whether Mr. Delo can be fair and objective when dealing with Kenai Peninsula issues. To add further insult, Mr. Delo was informed of the Kenai Peninsula reaction to his negative, sterotypical comments about residents of the Kenai Peninsula and wrote a second article following the Board meeting. The Upper Cook Inlet meeting was again given to Anchorage, in spite of the City of Kenai's request to hold it there. The vote was Z-S against Kenai. Why? I'm not sure. Perhaps board members see Anchorage as the closest thing to "middle ground" between holding the meeting in the plat -Su cities of Wasilla or Palmer or on the Kenai Peninsula in either Kenai or Soldotna. Something Ihaven't mentioned yet is that the board holds a work session meeting every year before the regulatory meetings get underway. The board voted to hold next year's work session in Kenai. Next year, two of the sir meetings scheduled, and one of the two Cook Inlet meetings for the cycle will happen in communities on the Kenai Peninsula. That's not too bad. Perhaps the time has came for the board to institute a set rotational schedule for meetings around the state. It might reduce some of the bickering. Does Mr. Delo think that the citizens of the Kenai Peninsula will be satisfied with this mis-statement and outright mis-direction of the issue? First Mr. Delo knows full well why the Board voted not to have the meeting on the Kenai Peninsula. He and his valley neighbors want a meeting close to their homes to protect their special interests. Mr. Delo voted against having the meeting on the Kenai Peninsula yet he does not state his reasons in his article. Im Second, Mr. Delo set the stage for the physical violence issue with his article and comments to BOF members. New BOF members mentioned this to our representative at the meeting as the main concern they had about the Kenai / Soldotna location. Third, from conversations with BOF members and staff it was obvious to our representative that a pre -arranged decision had been made prior to any formal vote. This was obvious when the BOF was not even going to discuss the issue and just vote until one Board member realized that without minimal discussion it would look like a deal had been struck off the public record. The fact these behind the closed doors discussions by BOF members continues to take place should be a. concern to all citizens of this State, let alone the Peninsula. The idea of an October work session on the Kenai Peninsula was a token thrown in the hopes of stopping open discussion of the BOF process and Mr. Delo's biased view of tlic Kenai Peninsula. The work session allows no public comment, no regulatory actions can be taken, and as was evident in Mr. Delo's article, is being used to quell dissatisfaction and provide rationale for a pre-concieved decision. Citizens of the Kenai Peninsula are not stupid and we know a sham when we see one. Therefore, it is our hope and desire that you remove Mr. Delo from the BOF at the earliest opportunity. His term is up in. June 2010 and we would request that he be removed prior to that date or at a minimum not be reappointed to the position he holds on the BOF. Mr. Delo has demostrated that when the UCI meeting comes up in regulatory action he cannot be fair and unbiased. This is essential for UCI fisheries issues and the public good at Iarge. Thank you for your consideration in this matter. Respectfully Submitted, Dwight Kramer Chairman KAFC cc: Sen. Tom Wagoner Rep. Mike Chenault Rep, Kurt Olson Rep. Paul Seaton Denby Lloyd, Commissioner ADF&G Cora Campbell, Fisheries Policy Advisor Jason Hooley, Dir. Of Boards and Commissions Mayor Dave Carey, Kenai Peninsula Borough Mayor Pat Porter, City of Kenai Mayor Peter Micciche, City of Soldotna Rick Koch, Kenai City Manager MR PSKA NpT 9` � pule y N�o gcrH co October 12, 2009 Pat Porter Mayor City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mayor Porter: ALASKA NATIVE TRIBAL HEALTH CONSORTIUM Clinical and Research Services 4000 Ambassador Drive, C-DCHS Anchorage, Alaska 99508 Facsimile: 907-729-2924 OCT 2 0 2009 INA ' sue' CURK On behalf of the Alaska Native Tribal Health Consortium (ANTHC) and the Lu Young Fund for Children of Families Fighting Cancer, I am writing to thank you for your Lu Young Memorial donation of $75. This letter serves as a record of your contribution, which is tax deductible to the fullest extent of the law. ANTHC is a non-profit corporation with 501(c)(3) status. ANTHC's Federal Tax Identification number is 92-0162721. You have received no goods or services for this contribution. Your donation is appreciated by ANTHC, and helps us support the efforts of this important program. Please retain this letter for your tax records. If you need further assistance, please do not hesitate to contact me, (907) 729-3922, or edecourhney c@r anthc.org. Sincerely, Christine A. DeCourtney o Cancer Program Planning & Development Manager LEW Tesoro Alaska Company P.O. Box 3369 Kenai Alaska 99611 Rick Koch, City Manager City of Kenai 210 Fidalge, Avenue Kenai, Alaska 99611 Mr. Koch, TESORO e a a Phone: (907) 776.3869 We would like to take this opportunity to recognize and thank Chief Gus Sandahl and Lieutenant Kim Wannamaker for their support during our annual 2009 Nikiski Industrial Complex security exercise. On September 24, 2009, the Nikiski area facilities, which include ConocoPhillips LNG Plant, Ocean Marine Services, Offshore Systems Kenai and Tesoro Alaska, held their amoral security exercise at the Tesoro Alaska Refinery. As regulatedfacilities it is important that local law enforcement participate in this exercise. During the past years, members of the Kenai Police Department have stepped forward to provide command level representatives at planning meetings and the actual exercise. This level of involvement andcommitment from your Department members is very much appreciated by all the facilities. We know this level of support would not be possible without the leadership of Chief Sandahl and Lt, Wannamaker We also wish to extend to Kenai Police Department members an open invitation to tour any of our facilities or utilize them for special training needs. We would encourage and welcome KPD to consider having their personnel visit each of our facilities as part of their orientation training. This would allow officers an opportunity to visit the security units of each facility enabling them to garner a better understanding of our security programs and regulatory structure we operate within. As representatives of our companies charged with insuring the security of our employees and assets we value the strong partnership that exists with the Kenai Police Department. Our companies recognize the tremendous support we receive from our local communities. In turn we are committed to providing the best service possible to our friends and neighbors on the Peninsula and throughout the State of Alaska. The strong relationship between our companies and. the Kenai Police Department plays an important role in our continual efforts to safely produce and deliver of oil and gas products throughout Alaska. The Kenai Police Department leadership has always been responsive to our industry and we would like to bring this to your attention by expressing our appreciation for their efforts in support of our facilities. The 2009 annual security exercise was successful because of support from Chief Gus Sandahl and the participation of Lieutenant Kim Wannamaker. Sincerely; James Cockrell Devon Security Captain PhhiiJJllllilp11sNG Plant DConocoeft' Kohler_ Regional Security Manager Tesoro Alaska aaapiam Kelly McNeil (`}eau Marine Service, Inc ,Michael If. Spangler Cook Inlet Asset Manager ConocoPhillips Alaska Michael A., Peak Operations Manager Offshore Systems Kenai 'James hpshman Purcell ecurity Captain Tesom Refinery BOB MOLLOY (907) 283-7373 (VOICE) - 283-2835 (FAX) bob@molloyforcouncil.com TO: Mayor, Council, Administration & Public FROM: Bob Molloy DATE: 10--29-09 SUBJECT: Information Item: Alaska Coastal Communities Global Climate Change Compact Attached for your information are copies of the following: - Dr Ian M. Dutton, President and CEO, Alaska SeraLife Center (Summary Biography) - City of Petersburg Resolution #18892 - City of Dillingham Resolution 2009-37 (copy unsigned) - City of Gustavus Resolution 2009-10 (copy unsigned) Dr. Dutton has agreed to travel to Kenai and make a 10-minute Scheduled Public Presentation at the 11/24/09 council meeting. It's my understanding that his presentation will address the Alaska Coastal Communities Global Climate Change Compact, the economic impacts of ocean acidification on even well -managed fisheries, and related issues. Under our policy, a Scheduled Public Presentation cannot be made on the same subject that is the subject of an item set for public hearing, so I plan to sponsor a resolution supporting the Alasl<a Coastal Communities Global Climate Change Compact for public hearing at the 12/2/09 council mceting. Dr Ian M. Dutton President and CFO, Afrrskrr,SeaLifeCenter Biography Ian was appointed CEO ofthe ASLC in December 2008 and oversees the world's northermnost public research aquarium and Alaska's major marine tourism facility. The Alaska SeaLife Center employs >I00 staff and is a global leader in marine research and education, ]an was previously Deputy Director for the Asia -Pacific Region of The Nature Conservancy, managing programs in nine countries employing more than 400 staff. Prior to ioining TNC, Ian was the Asia Coordinator for the Coastal Resources Center of the University of Rhode Island, based in Indonesia. from 1987-1995 he was Senior Lecturer in Planting in the School of Applied Science at Southern Cross University, NSW, Australia where lie taught planning and management courses and led research and capacity building projects throughoutthe Asia -Pacific region. From 1984-87 he was Senior Park Management Officer with the Great Harrier Reef Marine Park Authority and from 1981 83 worked with Kinhill on environmental assessment of mining, water resources and coastal development projects. Between 1979-81 he worked with the Australian Federal government on soil and water management programs. Memberships Ian was awarded a Matsumae Fellowship in 1990 and undertook his research- at Nihon University in Tokyo. He has also received several engineering and science awards for innovation. He serves on a range of Alaskan and global advisory committees, including the North Pacific Research Board, Pacific Congress on Marine Science and Technology and the Biodiversity Committee of the Global Reporting Initiative. Education B. App. So., Geography, Uni. Canberra MSc., Environmental Planning, Griffith University Ph.D. Environmental performance monitoring, University of Queensland Contact Information Alaska SeaLife Center 301 Railway Ave. Seward AK 99664 Phone:l-(907) 224-6349 E-mail:ian duetunid)alaskaseaIire, a!b Web: w�-vw.aiasl<asgalife_crrg Select Publications Daurn, kmM.. Kerrie Wilson and Hedley Grantham 2009, Making marine spatial planning email: bridging the gap from planning in action, P1CPS Conference 2.1-30 October, leju, S. Korea. (innrep) Dutton, I.M. 2009. Promoting Climate Change Resilience; Learning Partnerships With Indigenous Communities, Indigenous People's Global Summit on Climate Change, Dena'inn Center Anchorage, April 24", 2009. Anderson, J. and I.M, Dutton (2009). Climate Change Training: A Key Need for Aquarium Staff,, Association of Z,oas and Aquaria Annual Com erencc, Ponland Oft. September 14-17, 2009. Darren, 1. M. 2007 Climate Change and Business Suseainability, R-eaenlation to Goldman Sachs-M Wore Annual Partner 12eul ea, Coolum Queensland, 24 I'obruary, 2007, Holmes, N. and 1. M. Dalton (1988) l'he Greenhouse Effect: Do We Live in a Rational Society?, Sasce, Vol. 1:6, 4-5.a N` Alaska SeaLife Center CITY OF PETERSBURG, ALASKA �7a�Y+1�I�01i71E�I37� Offered by: Curran Supported by-. Jensen A RESOLUTION AUTORIZING THE MAYOR TO SIGN THE "ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT" WHEREAS, people from Alaska coastal communities, including Petersburg, came together for the Alaska Coastal Gathering held in Horner; Alaska February 24.26, 2009; and WHEREAS, participants of the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and .ocean acidification, including recommendations of the Intergovernmental Panel on Climate Change regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of climate change; and WHEREAS, participants of the Alaska Coastal Gathering receivedpresentations from experts regarding the potential for development of renewable energy in Alaska such as wind, solar, geothermal, hydro and ocean energy generation; and WHEREAS, participants of the Alaska Coastal Gathering received presentations regarding the economic opportunities associated with the transition from "business as usual' to a sustainable economy; and WHEREAS, participants of the Alaska Coastal Gathering received a presentation front congressional staff regarding the political landscape and pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money and developing sustainable economies; and WHEREAS, presenters and participants of the Alaska Coastal Gathering discussed in detail the causes and effects of global climate change, ocean acidification, the recommendations of the Intergovernmental Panel on Climate Change, renewable energy and economic opportunity, state and federal legislation, and the uniqueness of people living in Alaska coastal communities whose way of life and economy depend on a healthy ocean; and WHEREAS, participants of the Alaska Coastal Gathering developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petersburg Alaska fully supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact, a copy of which is attached and incorporated herein by reference. PASSED and APPROVED by the City Council of the City of Petersburg, Alaska this 2P day of March 2009. CITY O/fFFPE//TERSBURG, ALASKA Al Dwyer, Mayor Kathy O'Rear, City Cleric U141 Meeting Date: June 4, 2009 CITY OF DILLINGHAM, ALASKA A RESOLUTION OF THE DILLINGHAM CITY COUNCIL SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT. WHEREAS, people from Alaska coastal communities, including Dillingham, came together for the Alaska Coastal Gathering held in Homer, February 24-26, 2009; and WHEREAS, participants of the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, including recommendations of the Intergovernmental Panel on Climate Change regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of climate change; and WHEREAS, participants of the Alaska Coastal Gathering received presentations from experts regarding the potential for development of renewable energy in Alaska such as wind, solar, geothermal, hydro, and ocean energy generation; and WHEREAS, participants of the Alaska Coastal Gathering received presentations regarding the economic opportunities associated with the transition from "business as usual" to a sustainable economy; and WHEREAS, participants of the Alaska Coastal Gathering received a presentation from congressional staff regarding the political landscape and pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economies; and WHEREAS, presenters and participants of the Alaska Coastal Gathering discussed in detail the causes and effects of global climate change, ocean acidification, the recommendations of the Intergovernmental Panel on Climate Change, renewable energy and economic opportunity, state and federal legislation, and the uniqueness of people living in Alaska coastal communities whose way of life and economy depend on a healthy ocean; and WHEREAS, participants of the Alaska Coastal Gathering developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact; NOW, THEREFORE, BE IT RESOLVED that the City of Dillingham, Alaska fully supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the compact. PASSED and ADOPTED by the Dillingham City Council on June 4, 2009. City of Dillingham Resolution No. 2009.37 Page i of 2 LW Meeting Date: June 4, 2009 SEAL: Keggie Tubbs, Mayor Pro Tempore ATTEST: Karen McCambiy, City Clerk City of Dillingham Resolution No. 2009-37 Page 2 of 2 "_ CITY OF GUSTAVUS, ALASKA RESOLUTION NO. 2009•10 A RESOLUTION SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT WHEREAS, people from Alaska coastal communities, including Gustavus, came together for the Alaska Coastal Gathering held in Homer, Alaska, February 24-26, 2009; and WHEREAS, participants of the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, including recommendations of the Intergovernmental Panel on Climate change regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of climate change; and WHEREAS, participants of the Alaska Coastal Gathering received , presentations from experts regarding the potential for development of renewable energy in Alaska such as wind, solar, geothermal, hydro, and ocean energy generation; and WHEREAS, participants of the Alaska Coastal Gathering received presentations regarding the economic opportunities associated with the transition from "business as usual' to a sustainable economy; and WHEREAS, participants of the Alaska Coastal Gathering received a presentation from congressional staff regarding the political landscape and pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economies; and WHEREAS, presenters and participants of the Alaska Coastal Gathering discussed in detail the causes and effects of global climate change, ocean acidification, the recommendations of the Intergovernmental Panel on Climate Change, renewable energy and economic opportunity, state and federal legislation, and the uniqueness of people living in Alaska coastal communities whose way of life and economy depend on a healthy ocean; and WHEREAS, participants of the Alaska Coastal Gathering developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact; of Gustavus, Kaska Resolution 200940 Page 1 of 2 154 PLOW THEREFORE BE IT RESOLVED that the City of Gustavus, Alaska, fully supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact, PASSED and APPROVED by the Gustavus City Council this 9th day of April 2009. William Unkel, Mayor Wayne Howell, Council Member John Nixon, Council Member Lou Cacioppo, Council Member Paul Berry, Vice Mayor Sandi Marchbanks, Council Member Joe Lassiter, Council Member Attest: Kapryce Manchester City Clerk City of Gustavus, Alaska Resolution 2009,10 Page 2 of 2 Im NOTICE IS 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 ,VovN m 0, ?odq. 1. Ordinance No. 2452-2009 -- Increasing Estimated Revenues and Appropriations by $110,278 in the Capital Projects Management Fund for the Establishment of the Fund. 2. Ordinance No. 2453-2009 -Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund - Library Staff Travel Funded by a State of Alaska Department of Education & Early Development - Division of Libraries, Archives and Museums Grant. 3. Ordinance No. 2454-2009 -Increasing Estimated Revenues and Appropriations by $14,924 in the General Fund - Library for a Grant Received from the Rasmuson Foundation for the Purchase of Laptop Computers and Equipment for the Library Laptop Lending Program. 4. Ordinance No. 2455-2009 -- Enacting KMC 14.20.235 to Establish a Process and Standards for the Siting, Construction, and Operation of Wind Energy Systems (Wind Turbines) as Permitted Secondary Uses and Accessory Structures. 5. Resolution No. 2009-65 -- Adopting an Alternative Allocation Method for the FY10 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 6. Resolution No. 2009-66 -- Authorizing City of Kenai Mayor Porter to Sign. City of Kenai, City of Soldotna, and Kenai Peninsula Borough Joint Resolution No. 2009-01, Requesting the Board of Fisheries to Reconsider its Decision Not to Hold the 2011 Board of Fisheries Meeting in the Kenai/ Soldotna Area. 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 and/or resolutions may be amended by the Council prior to adoption without further public notice. -- Oz Corene Hall; Acting Kenai City Clerk Posted:', October 30, 2009 AGENDA KENAI CITY COUNCIL — REGULAR MEETING 4NOVEMBER 4, 2009 vExviuuvn 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENT 1. Presentation of Kaleidoscope School Performance of Kenai Song ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2452.2009 -- Increasing Estimated Revenues and Appropriations by $110,278 in the Capital Projects Management Fund for the Establishment of the Fund. 2, Ordinance No. 2453-2009 —Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund — Library Staff Travel Funded by a State of Alaska Department of Education & Early Development— Division of Libraries, Archives and Museums Grant. 3. Ordinance No. 2454-2009 —Increasing Estimated Revenues and Appropriations by $14,924 in the General Fund — Library for a Grant Received from the Rasmuson Foundation for the Purchase of Laptop Computers and Equipment for the Library Laptop Lending Program. 4. Ordinance No. 2455-2009 -- Enacting KMC 14.20.235 to Establish a Process and Standards for the Siting, Construction, and Operation of Wind Energy Systems (Wind Turbines) as Permitted Secondary Uses and Accessory Structures. 5. Resolution No. 2009-65 -- Adopting an Alternative Allocation Method for the FY10 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 6. Resolution No. 2009-66 -- Authorizing City of Kenai Mayor Porter to Sign City of Kenai, City of Soldotna, and Kenai Peninsula Borough Joint Resolution No. 2009-01, Requesting the Board of Fisheries to Reconsider its Decision Not to Hold the 2011 Board of Fisheries Meeting in the Kenai/Soldotna Area. ITEM F: UNFINISHED BUSINESS -- None ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. Approval -- Vacation/Public Road Easement/Government Lot 93 — Rex D, & Caren A. Bennett and Jason D. West & H.E. Hawkins, Kenai, Alaska. 4. Discussion -- Council Commission/Committee Assignments 5. Discussion -- Dip Net Report EXECUTIVE SESSION -- Financial Affairs of the City ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http:l/www.ci.kenai.ak.us. Carol L. Frees, City Clerk D/211 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at its regular meeting of November 4, 2009. 1. Ordinance No. 2452-2009 -- Increasing Estimated Revenues and Appropriations by $110,278 in the Capital Projects Management Fund for the Establishment of the Fund. 2. Ordinance No. 2453-2009 -Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund - Library Staff Travel Funded by a State of Alaska Department of Education & Early Development - Division of Libraries, Archives and Museums Grant. 3. Ordinance No. 2454-2009 -Increasing Estimated Revenues and Appropriations by $14,924 in the General Fund - Library for a Grant Received from the Rasmuson Foundation for the Purchase of Laptop Computers and Equipment for the Library Laptop Lending Program. 4. Ordinance No. 2455-2009 -- Enacting KMC 14,20,235 to Establish a Process and Standards for the Siting, Construction, and Operation of Wind Energy Systems (Wind Turbines) as Permitted Secondary Uses and Accessory Structures. 5. Resolution No. 2009-65 -- Adopting an Alternative Allocation Method for the FY10 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 6. Resolution No. 2009.66 -- Authorizing City of Kenai Mayor Porter to Sign City of Kenai, City of Soldotna, and Kenai Peninsula Borough Joint Resolution No. 2009-01, Requesting the Board of Fisheries to Reconsider its Decision Not to Hold the 2011 Board of Fisheries Meeting in the Kenai/ Soldotna Area. Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and/or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: November 5, 2009