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HomeMy WebLinkAbout2010-01-20 Council PacketCOUNCIL MEETING DATE: MAKE 2 PACKETS COUNCIL PACKET DISTRIBUTION 924/9 Mayor /Council Clerk Police Department Senior Center Library (2) Fire Department e O se Finance Attorney City Manager Airport Parks Recreation Student Rep. Hall Binder Feltman /Floyd Kebschull /Carver Ogle Christine Mellish Schmidt AGENDA DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter. 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 lbell @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. A 1r e /v /V Ir L_ s Ill I w 1 1 111111 o? '/lo/ NOSNHOrI ELDRIDGE MARQUIS MOLLOY 1 BOYLE PORTER SMALLEY MOORE CD 0 d I O 0 2 0 0 m 0 0 I m x 0 3 O 0 0 0 0 I 0 u 0 3 0 cc 5 0 0 Cl I 0 0 3 0 0 2 COUNCIL MEETING OF: JOHNSON ELDRIDGE cn z E-4 2 2 0 4 4 0 z E 2 0 0 0 NAME Iffratattogilatt, SRGMUZAIP ttlay a 1t; i. I 4 u. .,3 7 'Pro 4 s /1 44 6ox („7„ 7 I 9 0 ret, 1- 64 72 32 P Z C9-cik, Moo'C, .'ocL Avik 14-( A t n-f- A A ate brki n Lk; t i a i n t_, 1 e la 't P kv (1 le A4 el a L„) f Clt) r OvV \-4 \c, ,eciL,4_vt It i .0'r-7A r ii rtici f K ibv D 1 1 17 4 i TESTIMONY SIGN-IN SHEET CovAvAil �'A3Vd� k�'v,.f l.5 g k +v- l� 't!_£" f �}}ssss�a?d�i1��1 W-". N9 fi> y Y d R "t E, 'A'I�'Sf f�y r 7 efi?' 4 7� 1�v� E V I S� (g' r �rnrne�f 3h LCV1 Q_ .4 Of 9/L me 4 i/bLM /c it; J f/�) li TESTIMONY SIGN -IN SHEET I ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 20, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Bryan Zak, South West Regional Director, Alaska Small Business Development Center Services Provided for Small Businesses 2. Paul D. Morrison Patriotism /Free Speech ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2461 2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study 2. Resolution No. 2009 68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council substituted, amended and passed Resolution No. 2009 -68. Subsequently, a motion for reconsideration was made and passed; the resolution was before the Council at its January 6, 2010 meeting in exactly the same condition it was in before taking the vote on the resolution as amended; the resolution was open to debate and amendment; no public hearing was held because it had been closed at the 12/16/09 meeting; at the January 6, 2010 meeting, a motion was passed to postpone the reconsideration of the resolution to January 20, 2010 and include a public hearing.) 3. Resolution No. 2010 03 Authorizing Administration to Enter Into a Memorandum of Agreement with Alaska State Parks Design Construction for Development of a Master Site Development Plan for a Small City Park on the Corner of Marathon Road and Magic Avenue ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council 137 4. *Liquor License Renewal George's Casino Bar 138 ITEM E: MINUTES 1. *Regular Meeting of January 6, 2010 ITEM F: UNFINISHED BUSINESS 1. Discussion Council Liaison Commission /Committee Appointments 157 ITEM G: NEW BUSINESS 1. Bills to be Ratified 178 2. Approval of Purchase Orders Exceeding $15,000 179 ITEM H: COMMISSION /COMMITTEE REPORTS 140 1. Council on Aging 180 2. Airport Commission 184 3. Harbor Commission 188 4. Library Commission 192 5. Parks Recreation Commission 199 6. Planning Zoning Commission 207 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau 215 e. Reports of KPB Assembly, Legislators and Councils 1. City Manager 217 2. City Attorney 3. City Clerk 228 ITEM L: 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. (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.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial. Air Park Schilling Rentals. (Clerk's Note: At the January 6, 2010 meeting, Council voted to table this item for 90 days, with a progress report to be given at each council meeting.) EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) INFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 20, 2010 Page No. 1. 1/20/2010 Purchase Orders Between $2,500 and $15,000 for council review 233 2. Budget Transfer in Capital Projects in excess of 5,000 3. City of Kenai Building Permits 2009 Annual Report 234 4. 1/8/2010 C Campbell letter related to management of the dipnet fishery on the Kenai Peninsula 243 5. 1/4/2010 J. Clark letter related to "attendance data per grant requirement" for the Boys Girls Clubs of the Kenai Peninsula 245 6. 12/09 and 1/2010 Kenai Peninsula Food Bank, Inc. correspondence 248 7. 1/6/2010 Commission application submitted by Terry Bookey 250 8. 1/19/2010 Kenai Peninsula Borough Assembly Agenda 251 ADD TO: ADD TO: REMOVE FROM CONSENT AGENDA: ADD AS: CORRECTION TO SEC ND JANUARY 20, 2010 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET 7 D -2, Resolution No. 2009 -68 CLERK 1/19/10 Comments of Susan Smalley. 1/19/10 J. Blankenship email transmission with copy of Kenai Peninsula Borough Resolution No. 2010 -002 /Rescinding KPB Resolution 2009 -05. 1/19/10 Kevin Robin Dix email transmission 1/20/10 William Lois Nelson email transmission 1/20/10 Jenifer Lockwood email transmission 1/20/10 Celia Anderson email transmission D -3, Resolution No. 2010 -03 R. Frates Memorandum related to Marathon Park Master Site Plan --Item E -1, January 6, 2010 Kenai City Council Meeting Minutes Correction to page 3, Vote on the Appeal. Information Item 9, Draft Amendments Agenda and Packet /Preparation, Distribution, Publication and late materials /Administrative Policies and Procedures RY 6, 2010 COUNCIL MEETING UTES: Page 3, Vote on the Appeal. CONSENT AGENDA REQUESTED BY: ADMINISTRATION CLERK MAYOR CLERK I OVE TO CO R CT THE JANUARY 6, 2010 COUNCIL MEETING MINUT S AT PAGE 3, VOTE ON THE APPEAL, CHANGING THE RTER VOTE FROM "NO" TO "YES." Moore No Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore Yes Eldridge Yes Marquis No Molloy No Boyle No Porter Yes Smalley No KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 3 for teded Council Member Boyle MOVED whether the body stood behind the ruling of the Chair. Stearns advised the motion was close to the code wording to appeal the ruling of the Chair, the motion was not debatable, a majority vote would be needed to support the decision of the Chair, and, an affirmative vote would be to go forward with comment and a negative vote would be to not allow public comment on the issue at Unscheduled Public Comment. VOTE ON THE APPEAL: Student Representative Johnson: No MOTION FAILED. MOTION TO SUSPEND THE RULES /POSTPONE RECONSIDERATION: Council Member Molloy MOVED to suspend the rules regarding reconsideration of Resolution No. 2009 -68 so that Council postpones Resolution No. 2009 -68 for a properly noticed additional public hearing at the next meeting, January 20, 2010, so that the public hearing is reopened and additional public comment can be taken. All written emails, resolutions and memos received since the December 16, 2009 meeting can be included in the public record on this resolution. Council Member Boyle SECONDED the motion. Stearns advised, the motion was non debatable. VOTE: Student Representative Johnson: Yes MOTION PASSED. It was noted, Resolution No. 2009 -68 would be included on the January 20, 2010 council meeting agenda with an additional advertised public hearing. I would like to speak a Iittle about Freedom off speech and patriotism and the down spiral this country is in. I consider my family to be a family of patriots. With an Uncle residing somewhere in France, killed in Germany during, the l' World War and my brother and two brother in laws all serving in the Navy during the second world war, my sister also went to California and worked in an aircraft plant. Only 9 years later I spent 28 months in the Japan and the Korean theater. I have had 40 years working for Unocal Chemicals starting in 1955 in California and I would like to say that all the oil companies have made every effort possible to reduce polution. I believe I have personally helped install millions of dollars of equipment. In the 60's on a visit to my home in Iowa, my father said he felt that no generation had seen more changes than he had. He had gone from Horse and Buggy to a man on the moon. But I have to speak differently. I was born in the bottom of the depression, the month and year that Franklin D Roosevelt was sworn in as president. We witnessed The country develop manufacturing to where we could make any and everything anybody in the world needed and also became the richest country in the world. I believe the education system is a total failure as I don't believe the young students graduating from H.S. now have been made aware that they are in debt to the amoung of 12 trillion dollars that they owe as the government has no money. People do strange things under unusual conditions sometimes. As a youngster never having a penny to carry around in my pocket, but As a farm boy, I did have a pocket knife with 1 broken off blade to carry. On a trip home from San Diego while in the service, the trains and bus's always stopped in Las Vegas. I arrived home with a silver dollar in my pocket and started just carrying it with my change. I carried it for approximately 40 years and then just chucked it in a drawer. Our president who has absolutely No Empathy for any human being, by presidential order; not going to the Senate of the House to talk about money for SS, By presidential proclamation took away any cost of living money for people who had paid maxim amounts all their lives, yet the congress gave themselves a huge raise. I recently started carrying my silver dollar again. I raise a question about limiting a citizen tax payer to such a small amount of time to talk about what they think is a question. Why not ask a group to put together a common complaint but give the group a little more time to put together a joint report, that way not making a line up for their three minutes. That way restrict the number of entries. The biggest lie in the country is the unemployment figures. Obama and the Democrats have not produced I single manufacturing job, just public works pork which is not a permanent job. All the manufacturing jobs have been forced overseas by environmental laws and the ACLU. With a million lawyers in the U.S. 90% of the lawyers in the whole world, a majority of them have not produced a single job but now are trying to kill the oil industry. RECEIVED JAN 1 4 2010 LICE AI CITY CLERK the eg, KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $34,000 IN THE WATER AND SEWER FUND FOR THE PERFORMANCE OF A UTILITY RATE STUDY. WHEREAS, the City last conducted a Utility Rate Study in 2003; and, WHEREAS, the Alaska Department of Environmental Conservation recommends utility rate studies at least every five years and provides additional points in the municipal matching grant program application evaluation for entities with current rate studies; and, WHEREAS, based upon budgeted cost, the cost of water service significantly exceeds the revenue generated through current user rates; and, WHEREAS, it is in the best interest of the utility that the rate for utility service reflect the cost for providing the service. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance increase Appropriations: Water Professional Services Sewer Professional Services PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2461 -2010 PAT PORTER, MAYOR New Text Underlined; 'DELETED TEXT BRACKETED] Suggested by: Administration $34,000 $17,000 17,000 $34 000 Introduced: January 6, 2010 Adopted: January 20, 2010 Effective: January 20, 2010 KENAI, ALASKA MilMO "V'llaye with a Past, Gc with ant ure 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 S Telephone: 907 283 -75351 FAX: 907 -283 -3014 1 1111 TO: City Council FROM: Rick Koch DATE: December 29, 2009 SUBJECT: Ordinance 2461 -2010, Funding for Utility Rate Study The purpose of this correspondence is to recommend your approval of the above referenced ordinance. While preparing the applications for the ADWF and ACWF loan programs it was necessary to calculate the performance of the City of Kenai's water utility and sewer utility separately. The 2010 Water Sewer Fund Operating budget shows anticipated revenues over expenses of $50,123. My analysis which calculated the financial performance of the individual water and sewer utilities showed that in FY 2010 the water utility will operate at an anticipated deficit of $101,104, and the sewer utility will operate at an anticipated surplus of $151,226. The City has not conducted a utility rate study since 2003, and ADEC recommends that a study be performed every five years. The water and sewer utilities have absorbed significant operating cost increases since the last increase in user fees approximately five years ago. A new rate study will provide the following information: 1, Determine if expense revenue allocations are accurate 2. If existing rates are sufficient to provide for: a. systems obsolescence b. anticipated capital expenditures c. future systems operation costs 3. Proposed future rate structure (if appropriate) Attached find the summary financial performance for the water and sewer utilities as contained in the FY 2010 budget. 1992 CURRENT DEBT INFORMATION Does your community have a debt ceiling? If so, what is it? N/A How much remains available? N/A What is your current level of bonded indebtedness? 0 Please indicate the date, rating and amount of your last bond. sale, Date: Rating: Amount. CURRENT CLEAN WATER FINANCING Please provide the following information regarding your current annual. water utilities budget, Operating revenues: 52,228 P g Operating expenses: 212,222 User fee eted: 1, 311, 220 Annus ebt service: 0 TOTAL Revenues: 1,363,448 aher non operating expenses: 0 TOTAL Expenses: 1,212,222 USER FEES If User Fees ate intended to repay any portion of this loan, please submit: Existing ordinance that authorizes the collection of user fees Current fee structure Pertinent portions of your budget documents Most recent State single audit. Most recent rate study or rate analysis Also, please complete the following: Number of existing residential and commercial users: Number of proposed residential and commercial users• How much will this loan repayment increase user fees? For example, how much will the average residential users monthly fee increase? This loan will not increase user fees. I certify the above information is correct and current. Rick Koch Na g ACWF Fotm 02 Page 2 of 2 7/01 City Manager Title September 8, 2009 Date Reserves: 1, 017,145 CURRENT DEBT INFORMATION Does your community have a debt ceiling? If so, what is it? N/A How much remains available? N/A What is your current level of bonded indebtedness? 0 Please indicate the date, rating and amount of your last bond sale. Date: Rating: Amount: CURRENT DRINKING WATER FINANCING Please provide the following information regarding your current annual water utilities budget. Operating revenues: 52,228 Operating expenses: 617,892 User fees collected: 464,560 Ann e t service: TOTAL Revenues: e 516,788 ADWF Pone 02 Page 2 7/97 er non operating expenses: TOTAL Expenses: 617, 892 Reserves: 1,017,145 USER FEES If User Fees are intended to repay any portion of this loan, please submit: Existing ordinance that authorizes the collection of user fee Current fee structure Pertinent portions of your budget documents Most recent State single audit Most recent rate study or rate analysis Also, please complete the following: Number of existing residential and commercial users: Number of proposed residential and c mmercial users- How much will this loan repayment increase user fees? For example, how much will the average residential users monthly fee increase? This loan will not increase user fees I certify the above information is correct and current. Rick Koch City Manag Name Title September 8, 2009 Date thee& of KENA ALASKA Sponsored by: Council Member Molloy CITY OF KENAI RESOLUTION NO. 2009-68 A RESOLUTION OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT AND SUPPORTING THE STATE OF ALASKA ENERGY POLICY AS PROPOSED BY THE TRI- BOROUGH COMMISSION. WHEREAS, people from Alaska coastal communities came together for the Alaska Coastal Gathering held in Horner, Alaska, on February 24 -26, 2009; and, WHEREAS, participants in the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, and discussed with presenters the recommendations of the Intergovernmental Panel on Climate Change, one of the leading scientific bodies on global climate change; and, WHEREAS, presenters and participants in the Alaska Coastal Gathering discussed in detail the problem of ocean acidification and its impact on people living in Alaska's coastal communities whose economic life depends on a healthy ocean through the fisheries that provide food, jobs, and cultural identity to many Alaskans; and, WHEREAS, congressional staff gave a presentation to Alaska Coastal Gathering participants regarding pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economies; and, WHEREAS, Alaska Coastal Gathering participants also 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 regarding the economic opportunities for Alaska's coastal communities in making a transition from "business as usual" to a more sustainable economy; and, WHEREAS, participants in the Alaska Coastal Gathering also developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact; and, WHEREAS, several Alaska municipal governments have adopted resolutions supporting the Alaska Coastal Communities Global Climate Change Compact (Compact), including the Kenai Peninsula Borough, the City of Homer, the City of Seward, the City and Borough of Sitka, the City of Petersburg, the City of Dillingham, and the City of Gustavus; and, WHEREAS, the City of Kenai recognizes the importance of the oil and gas industry as an integral part of the energy sector of the global economy, and further supports that all renewable and non- renewable energy sources remain on the table for policymakers Resolution No. 2009 -68 Page 2 of 4 in the development of viable energy plans as part of any long -term approach to mitigate the adverse effects of climate change while maintaining a vibrant economy; and, WHEREAS, the Tri- Borough Commission, comprised of the Mayors of the Kenai Peninsula Borough, Matanuska Susitna Borough, and Municipality of Anchorage, established a task force in September 2007 to develop an energy policy and strategic goals document; and, WHEREAS, the task force met repeatedly from September 2007 through January 2008 to develop, through a consensus process, a proposed State Energy Policy; and, WHEREAS, the State of Alaska Energy Policy, as proposed by the Tri- Borough Commission, asks the State of Alaska actively to: and, promote the development of nonrenewable energy resources, including natural gas, coal, oil, gas hydrates, heavy oil and nuclear; promote the development of renewable energy resources, including tidal, wave, hydropower, geothermal, solar, wind, and biomass; pursue, promote and reward energy efficiency; promote the rational development of resources and infrastructure sufficient to meet the state's growing energy demand, while contributing to the national energy supply, thus reducing dependence on international energy sources; promote energy security for its economy; seek solutions that address global climate change; and, seek to develop flat priced, zero fuel cost energy resources as part of a diversified supply portfolio; WHEREAS, the Tri Borough Commission set specific goals and criteria for energy efficiency in public construction, for use of zero -fuel renewable energy resources, and for per capita residential energy conservation; and, WHEREAS, the City of Kenai recognizes that Homer Electric Association's Sustainable Natural Alternative Power program called "SNAP" makes small-scale solar, wind, geothermal or biomass power more cost- effective for customers, and connects customers who want to produce alternative power with other local members who want to support the development of new, renewable energy and that this is a type of local program that contributes to a sustainable local economy and that is encouraged by the Compact; and, WHEREAS, the City of Kenai has initiated its own efforts to support a sustainable local economy by enacting an ordinance allowing for the construction and siting of wind energy systems in the City of Kenai, thereby supporting the development of renewable wind energy in the City of Kenai, a type of local initiative that the Compact encourages; and, Resolution No. 2009 -68 Page 3 of 4 WHEREAS, the City of Kenai also has initiated a lighting system replacement program to replace older lights in the City's streetlights with LED lights to improve the City's energy efficiency, a type of local program that the Compact encourages; and, WHEREAS, the City of Kenai applied for and was awarded a grant under the Energy Conservation Block Grant Program to fund a lighting system replacement project at the City's Multipurpose Facility to improve energy efficiency in that building and to reduce energy consumption, again a project that the Compact encourages; and., WHEREAS, the City of Kenai has recognized the importance of a clean Kenai River to its cultural identity and to the economic health of commercial, sport and subsistence fishing activities, tourism, and recreation and, therefore, the City has supported limitations on the use of two- stroke engines on river boats in the Kenai River, another type of local action that the Compact encourages; and, WHEREAS, the City of Kenai also recognizes that its cultural identity and economic health depend in part on healthy ocean resources that support commercial, sport and subsistence fishing activities, tourism, and recreation; and, WHEREAS, the City of Kenai received a presentation by Dr. Ian Dutton, President and CEO of the Alaska SeaLife Center, concerning the adverse effects of climate change and ocean acidification, the importance of support of the Compact by Alaska coastal communities such as the City of Kenai, and the energy industry's need for any new laws imposing carbon taxes or "cap and trade" requirements to apply universally to all producers, both foreign and domestic; and, WHEREAS, any federal "cap and trade" or carbon tax legislation should apply universally to all oil and gas producers, foreign and domestic, and not solely to domestic producers in Alaska and elsewhere in the United States, so that jobs are preserved and so that domestic refineries do not re- locate to foreign countries; and, WHEREAS, the Compact supports the utilization of proceeds from any federal "cap and trade" or carbon tax legislation that may be adopted by the U.S. Congress to fund initiatives in Alaska, but does not endorse specific bills pending in the U.S. Congress; and, WHEREAS, the City of Kenai recognizes the benefits of networking with other Alaska coastal communities on issues of climate change and ocean acidification, including lobbying Alaska's congressional delegation to help influence the content of any federal legislation. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports the Alaska Coastal Communities Global Climate Change Compact and supports the State of Alaska Energy Policy as proposed by the Tri- Borough Commission and hereby adds its name as a signatory to the Compact. Resolution No. 2009 -68 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of January, 2010. ATTEST; Carol Freas, City Clerk PAT PORTER, MAYOR NOTICE: Following is information received by the City of Kenai related to Resolution No 2009 -68, Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. The information begins with the Resolution, as amended, followed by information submitted for the November 24, December 2, December 16, 2009 council meetings and prior to the January 6, 2010 council meeting. Resolution 2009 -6 l be before the Kenai Counc considerat V s January 20E 2010 meeting. A public hearin on Resolution No. 2009 -68 will be held. Persons wishing to speak will have three minutes to do so. Kenai City Council meetings are held in the Kenai Council Chambers, located at 210 Fidalgo Avenue, Kenai and begin at 7 :00 p.m. If you have any questions, please contact Kenai City Clerk Carol Freas at 283 -8231. BOB MOLLOY (907) 283 -7373 (VOICE) 283 -2835 (FAX) bob@molloyforcouncil.com TO: Mayor Porter, Council Members Boyle, Eldridge, Marquis, Moore, Smalley FROM: Bob Molloy DATE: 11 -24 -09 SUBJECT: Resolution No. 2009 -68: A Resolution Of The Council Of The City Of Kenai, Supporting The Alaska Coastal Communities Global Climate Change Compact The adverse, negative effects of climate change and ocean acidification on the economic well-being of residents and on the economic health of commercial, sport and subsistence fishing activities. tourism, and recreation present one of the most important issues of mutual concern to the City of Kenai, the Kenai Peninsula Borough, the City of Homer, the City of Seward, and other Alaska coastal communities throughout the State of Alaska. What the City of Kenai can do on these issues of mutual concern to our coastal communities, not only by itself, but also through networking with the coastal communities in the Borough and elsewhere in Alaska,. the City of Kenai should do. The Alaska Coastal Communities Global Climate Change Compact recognizes several statements, policies, actions, and initiatives, and is an agreement to commit to: 1. Networking with other Alaskan coastal communities on the issues of climate change and ocean acidification; 2. Encouraging actions within our own community to mitigate climate change and ocean acidification and to adapt to unavoidable changes; 3. Making wise and effective use of resources provided by the state and federal governments for such actions; and 4. Supporting community efforts to educate the public on theses issues. Resolution No. 2009 -68 supports the Compact and adds the City of Kenai as a signatory to the Alaska Coastal Communities Global Climate Change Compact. The Kenai Peninsula Borough, the City of Homer, and the City of Seward are now signatories to the Compact. Your approval of Resolution No. 2009 -68 is most important, and I respectfully request your support and approval of Resolution No. 2009 -68 before and at the second public hearing on December l 6, 2009. f Molloy J ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT Alaska has more miles of coastline than all the rest of the United States. The vast majority of our state's residents call our coastal communities home. These communities generate billions in economic activity. From Metlakatla to Kaktovik, people have lived along Alaska's vast coast for thousands of years and depended on rich biologi- cal ocean resources for survival. Today, the cultural identity and survival of Alaska's coastal communities still d epend on the ocean resources that support commercial fishing, tourism, recreation and subsistence. We, the under agned tl iaskan local and regional governments and elected officials, express our deep concern about change and ocean acidification and issue a call to policymakers to take a k, atastrophic impacts from greenhouse gas emissions, We recognize 2. Ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels d accelerating. Anil uptake of 22 o f carbon dioxide the ¢rating. y npta over 2. millic.. of tea. .dde iut0 nic vteaii is causing ocean acidification and threatens many forms of marine life by decreasing the ability of certain organisms to build their shells and skeletal structures. Ocean acidification has the potential, within decades, to severely affect marine organisms, food webs, biodiversity and fisheries. 3. Global climate change and ocean acidification threaten communities in Alaska. Because high latitude regions of the earth are particularly vulnerable to the impacts of global climate change, Alaska has been described as 'ground zero" for climate change. Coastal erosion, thawing permafrost, and spruce bark beetle infestations are evidence of climate change in Alaska. In addition, ocean acidification threatens the fisheries that provide food, jobs, and cultural identity to many Alaskans, particularly in coastal communmes. 4. Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate change and ocean acidification. Alaska produces more than half of the seafood caught in the United States. Alaska also has potential to mitigate climate change and ocean acidification, through development and export of renewable energy technologies that can be used throughout the developing world. 5 There are compelling economic arguments to act now. Positive economic development and diversification of Alaska's economy will be associated with addressing climate change in the state, Furthermore, the economic costs of inaction will be far greater than the costs associated with immediate action to reduce greenhouse gas emissions in line with IPCC recommendations. Page 1 -12- 6. The United States has an obligation to take a leadership role in addressing global climate change. With only 5 percent of the world's population, the United States produces approximately 25 percent of the world's annual greenhouse gas emissions. 7. For the well -being of current and future generations, immediate action must be taken at all levels of government and throughout society to address global climate change and ocean acidification. Given the seriousness of these problems, policies and programs to reduce greenhouse gas emissions must constitute a priority when allocating government resources. We hereby express support for the following policies, actions and initia tives: 1. At the national level, immediately enact climate legislation that will reduce greenhouse gas emissions to meet or exceed the goals recommended by the IPCC; e.g., 80 percent reduction from 2000 levels by 2050. 2. Reengage at the national level in the international process of dealing effectively with global climate change. 3. At the national and state levels, enact legislation and fund initiatives that will dramatically increase energy efficiency and the production of renewable energy. 4. Utilize a significant portion of the proceeds from national cap- and -trade legislation, carbon tax, or other sources to fund initiatives in Alaska that will: develop renewable energy resources improve energy efficiency in buildings, transportation, etc., in all sectors of the economy increase public knowledge of issues related to greenhouse gas emissions create a skilled workforce for a new clean energy economy help vulnerable communities adapt to unavoidable climate- related impacts protect or rebuild infrastructure that is threatened by climate impacts enhance research in the area of ocean acidification enhance research in the areas of energy efficiency and renewable energy. We further express our commitment to: 1, network with other Alaskan coastal communities on the issues of climate change and ocean acidification; 2, encourage actions within our own communities to mitigate climate change and ocean acidification and adapt to unavoidable changes; 3. make wise and effective use of resources provided by the state and federal governments for such actions; and 4. support community efforts to educate the public on these issues, Signatories: City and Borough of Sitka Bruce Botelho, Mayor of Juneau City of Homer AI Dwyer, Mayor of Petersburg City of Petersburg Scott McAdams, Mayor of Sitka City of Dillingham City of Gustavus Kenai Peninsula Borough City of Seward Alaska Coastal Communities Global Climate Change Compact, page 2 -13- RESOLUTION NO. 2008-04 A RESOLUTION OF THE CITY AND BOROUGH OF SITKA ENDORSING THE U.S. MAYOR'S CLIMATE PROTECTION AGREEMENT CITY AND BOROUGH OF SITKA WHEREAS, the U.S. Conference of Mayors has adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, scientific consensus has developed that carbon dioxide and other greenhouse gases released into the atmosphere have a profound effect on the earth's climate; and WHEREAS, in 2006, the U.S. National Climatic Data Center confirmed clear evidence of human influences on climate due to changes in greenhouse gases; and WHEREAS, the United States, joined by 161 other countries, pledged to reduce greenhouse gas emissions under the United Nations Framework Convention on Climate Change; and WHEREAS, recent, well- documented impacts of climate disruption include average global sea level increases; a decline in Arctic sea -ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate change poses a long term threat to Alaska, including the possible need to relocate coastal villages, damage to infrastructure, the availability of groundwater and surface water, and contributing to increased erosion along coasts and rivers; and WHEREAS, Alaska glaciers are retreating at an increasingly rapid pace due to temperature increases; and WHEREAS, local governments influence communities' emissions through land use, transportation, construction, waste management, and energy management decisions; and WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement as amended at the 73rd Annual U.S. Conference of Mayors meeting; NOW, THEREFORE, BE IT RESOLVED that the Assembly of the City and Borough of Sitka, Alaska endorses the U.S. Mayor's Climate Protection Agreement and urges mayors from around the nation to join this effort. PASSED, APPROVED AND ADOPTED by the Assembly of the City and Borough of Sitka, Alaska, on this 8th day of January 2008. A,t Ti r rd Jense C Acting Municipal Clerk A -14- Marko Dapcevich, Mayor CITY AND BOROUGH OF SITKA RESOLUTION NO. 2008 -19 A RESOLUTION ESTABLISHING A CLIMATE ACTION PLAN TASK FORCE TO ADVISE THE ASSEMBLY ON METHODS TO PLAN FOR AND MITIGATE THE IMPACTS OF CLIMATE CHANGE AND REDUCE THE EMISSION OF GREENHOUSE GASES WHEREAS, scientists and public policy experts generally agree that climate change will have profound impacts on the economy, infrastructure, finances, and future development of cities within the State of Alaska; and WHEREAS, Mayors and local govemrnents throughout the state and the nation are studying ways to predict and measure the impacts of climate change, plan for and mitigate those impacts, and reduce emissions of greenhouse gases, and WHEREAS, the Mayor and Sitka Assembly have endorsed the U.S. Mayor's Climate Protection Agreement in recognition that global warming may present serious challenges for the City in the future and wish to be proactive with respect to climate change in order to mitigate the impacts to Sitka's environment, economy and quality of life, and WHEREAS, parties to the U.S. Mayor's Climate Protection Agreement agreed to strive to reduce global warming emissions by inventorying local emissions, setting emissions reduction targets and creating an action plan; and WHEREAS, the Mayor and the Sitka Assembly have taken the first step by authorizing the emissions inventory; and WHEREAS, the Mayor and the Sitka Assembly recognize the willingness of citizens of the City and Borough of Sitka to volunteer their time to completing the further steps of setting emissions reduction targets and creating an action plan. NOW, THEREFORE BE IT RESOLVED, that the Sitka assembly hereby authorizes a Climate Action Plan Task Force, which shall be a special committee established under Sitka General Code 2.04.040A and 2.04.150C, and BE IT FURTHER RESOLVED, that the Task Force shall consist of at least 7 but no more than twelve diverse members appointed by the Assembly, which will attempt to -15- Resolution No. 2008 -19 Page 2 of 2 appoint those who have climate change concerns, such as representatives from various groups including the youth, science, business, construction, tribal government, utilities /energy, environmental, fishing, tourism, land use /management and economic developments sectors of the community; and BE IT FURTHER RESOLVED, that the Task Force shall be responsible for studying and making recommendations to the Sitka Assembly on ways to plan for and mitigate the impacts of climate change on the City and Borough of Silica's economy, infrastructure and future development, and methods the City and Borough of Sitka can employ to reduce the emission of greenhouse gases, and BE IT FURTHER RESOLVED, that the Task Force shall work closely with and provide periodic updates and draft work products for the Assembly. BE IT FURTHER RESOLVED, that the Task Force selection process be completed by July of 2008 if feasible and that the Task Force meetings begin in September of 2008. PASSED, APPROVED, AND ADOPTED by the Assembly of the City and Borough of Sitka, Alaska this 26 day of June, 2008. ATTEST: Colleen Pellett, MMC Municipal Clerk -16- Marko Dapcevich, Mayor CITY AND BOROUGH OF SITKA RESOLUTION 2009 -32 A RESOLUTION OF THE ASSEMBLY OF THE CITY AND BOROUGH OF SITKA, ALASKA, SUPPORTING LEGISLATION TO ENABLE ALASKA'S COASTAL COMMUNITIES TO MORE EFFECTIVELY PARTICIPATE IN THE ALASKA COASTAL MANAGEMENT PROGRAM (ACMP) WHEREAS, the "streamlined ACMP process" which resulted from the passage of House Bill 191 in 2003, and its implementation by regulations and statutory amendments, forced the complete revision of all Alaska Coastal Management Plans in Alaska, including Sitka' s; and WHEREAS, as a result, Sitka lost more than half of its enforceable policies (the only section of coastal plans which had standing to be considered as part of the ACMP review process for permits and management decision making affecting coastal communities), and those policies remaining were so restricted as to be virtually un- usable in coastal comments; and WHEREAS, there has been an increasing, widespread effort to revise the ACMP to help coastal Alaskan communities regain a "seat at the table" in management decision making affecting Alaska's coastal zone, and reign in the Department of Natural Resources which is charged with managing the State's resources but now also makes all coastal management decisions on developing those same resources; and WHEREAS, prior to the ACMP's revisions, the Sitka Coastal Management Program had been a model of effective coastal management, allowing the Sitka community to have due deference and pruiect local resources and activities while perrnining responsible development; and WHEREAS, House Bill 74 sponsored by Representative Joule and Senate Bill 4 sponsored by Senator Olson are being considered by the Alaska Legislature, and this legislation could help restore a meaningful role for coastal municipalities such as Sitka in the ACMP, including the following key provisions (among others): Establishes Alaska Coastal Policy Board with 5 public members representing coastal districts and 5 commissioners of resource agencies to make ACMP policy decisions. Establishes duties of the Board to approve ACMP standards and criteria for district plans. Adds subsistence to the list of resources included in the ACMP objectives. Restores local plan ability to write meaningful enforceable policies by enabling policies to be either prescriptive or performance- based, stricter or more specific than state or federal laws, and clarifies policies apply to all land and water uses subject to the plan. Eliminates the "DEC carve -out" exempting DEC permits from consistency reviews. Allows ACMP consistency reviews of projects inland of the coastal zone if there would be direct and significant impacts to coastal uses or resources; Permits meaningful local participation in the ACMP through expanded enforceable policies -17- Resolution 2009 -32 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Assembly of the City and Borough of Sitka, Alaska, supports the revision of the Alaska Coastal Management Program to restore these key provisions and permit the City and Borough of Sitka to better manage its coastal zone per the Alaska State Constitution's provision for maximum local self government. PASSED AND APPROVED by the Assembly of the City and Borough of Sitka, Alaska, on this twenty-fourth day of February, 2009. AF! EST: addressing a wide range of coastal uses. Colleen Ingman, MMC Municipal Clerk Sco McAdams, Mayor -18- A RESOLUTION SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT WHEREAS, WHEREAS, WHEREAS, WHEREAS, Introduced by: Date; Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2009 -085 Smith, Martin 09/15/09 Adopted 6 Yes, 0 No, 3 Absent people from Alaska coastal communities came together for the Alaska Coastal Gathering held in Homer, Alaska, February 24 -26, 2009; and 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 Alaska Coastal Gathering participants also 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 participants of the Alaska Coastal Gathering were given presentations regarding the economic opportunities associated with the transition from "business as usual" to a sustainable economy; and WHEREAS, congressional staff gave a presentation to the participants of the Alaska Coastal Gathering 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; and Kenai Peninsula Borough, Alaska Resolution 2009-085 Page 1 oft -19- WHEREAS, the local governments of Homer, Sitka, Petersburg, Dillingham and Gustavus have officially signed the Alaska Coastal Communities Global Climate Change Compact; and WHEREAS, the Kenai Peninsula Borough Assembly received a research report from Dr. Jeremy Mathis, Chemical Oceanographer UAF, on the increasing acidity of Alaska's coastal ocean waters; and WHEREAS, the Kenai Peninsula Borough Assembly received a presentation by Dr. Ian Dutton, President Alaska SeaLife Center, on Renewable Ocean Energy, Climate Change and Ocean Acidification Research and Education Programs; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. The Kenai Peninsula Borough supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. SECTION 2. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 15TH DAY OF SEPTEMBER, 2009. ATTEST: ohni Blankenship, Borough Clerk Yes: Long, Pierce, Smalley, Smith, Sprague, Martin No: None Absent: Fischer, Knopp, Superman 20 AO. Milli Martin, Assembly President 5 C I G c or i0E- 514 ,,r Illl 196 1 a 5 ��``i~ Resolution 2009 -085 Kenai Peninsula Borough, Alaska Page 2of2. CITY OF HOMER HOMER, ALASKA RESOLUTION 09 -38(A) A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COiVfPACT. WHEREAS, People from Alaska. coastal communities, including Homer, came together for the Alaska Coastal. Gathering held in Hosier, Alaska, February 2 4 -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 presentati from experts regarding the potential for development of renewable energy in. Alaska. such as wind, solar, geothemaat, hydro, and ocean energy generation; and WHEREAS, Participants of the Alaska Coastal Gathering received. pr esentations regarding the economic opportunities. associated with the transition from "business as usuar 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 d 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 econorni.c 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 s positions, and recommendations by consensus to form the content of Communities Global Climate Change Compact. NOW, THEREFORE, iT BE RESOLVED that the City of Ho. er, Alaska, 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 Homer City Council this 13 day of April, 2009. -21- Mayor Alaska Coastal Page 2 of 2 RESOLUT}QN 09-38(A) err/ Hewitt ATTEST: 7 4:7 1 1 Lit CMC, CITY CLERK Fiscal Note: N/A -22- CITY OF HOMER JAMES C. HORNADAt MAYOR CITY OF DILLINGHAM, ALASKA RESOLUTION 140. 200947 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 Page 1 of 2 -23- Meeting Date: June 4, 2009 Resolution No. 2009 -37 SEAL: ATTEST: kaTen McCambly, City Clerk City of Dillingham Page 2 of 2 -24- Meeting Date: June 4, 2009 Resolution No. 2009-37 and, SECTION 3. This resolution lakes effect immediately upon its adoption. -25- Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -120 A RESOLUTION OF' THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT WHEREAS, global climate change represents one of the greatest threats of our time; WHEREAS, ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels and is accelerating; and, WHEREAS, elohal climate change and ocean acidification threaten communities in Alaska; and, WHEREAS, Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate change and ocean acidification; and, WHEREAS, there are compelling economic arguments to act now; and, WHEREAS, the United States has an obligation to take a leadership role in addressing global climate change and, WHEREAS, for the well -being of current and future generations, immediate action must be taken at all levels of government and throughout society to address global climate change and ocean acidification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: SECTION 1. The City of Seward supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. SECTION. 2. The City of Seward will seek to support initiatives and projects that limit adverse climactic changes and reduce ocean acidification, CITY OF SEWARD, ALASKA RESOLUTION 2009-120 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of November, 2009. AYES: Valdatta, Bardarson, Smith, Keil, Shafer, Ambcrg, Dunham NOES: None ABSENT: None ABSTAIN: None ATTEST: detA.4 Johanna Dollerhide, CMC Acting City Lim (City Seal) c)t -1 .4 ea eV b ,J, s 4. ,.7. cs 44, i "0. Ar„," gr ve OF E. e 0 ;smasens -26- THE CITY OF SEWARD, ALASKA ei Willard E. Dunham, Mayor Dr Ian M. Dutton President and CEO, Alaska SeaLife Center Biography Ian was appointed CEO of the ASLC in December 2008 and oversees the world's northernmost public research aquarium and Alaska's major marine tourism facility. The Alaska SeaLife Center employs >100 staff and is a global leader in marine research and education. Ian 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 joining 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 Planning in the School of Applied Science at Southern Cross University, NSW, Australia where he taught planning and management courses and led research and capacity building projects throughout the Asia Pacific region. From 1984 -87 he was Senior Park Management Officer with the Great Barrier 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 1.990 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. -27- Education B. App. Sc., Geography, Uni, Canberra M.Sc., 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 dutton ala.skasealife.org Web: www.alaskasealife.org Select Publications Dutton, tan M., Kerrie Wilson and Medley Grantham 2009. Making marine spatial planning real: bridging the gap from planning to action, PICES Conference 25 -30 October, .Iglu, S. Korea, (in prep.) Dutton, i.M. 2009. Promoting Climate Change Resilience: Learning Partnerships With lndi.genous Communities, Indigenous People's Global Summit on Climate Change, Denaina Center Anchorage, April 24'h, 2009. Anderson, J. and LM. Dutton (2009). Climate Change Training: A Key Need for Aquarium Staff, Association of Zoos and Aquaria Annual Conference, Portland OR. September 14 -17, 2009. Dutton, I. M. 2007 Climate Change and Business Snstainabil.ity, Presentation to Goldman Sachs -113 Were Annual Partner Retreat, Coolum Queensland, 24 February, 2007, Holmes, N. and 1. M. Dutton (1988) The Greenhouse Effect: Do We Live in a Rational Society Source, Vol. 1:6, 4.5.* tA L) E cu o bA co s V ca CU (kJ c5 .E `v to O C7 Can O rn 0 N a) tzt z c v T 0 -28- c 0 ro hwal L" U N 4 �C v C.J CZ i t v Q.) CU a, v -29- CU 7194 4 cu E v 0 rt 5 v 'U O `00v 0 ".4 ft L c. �Q 0 0 v re tn 0 C "0 N 4 5 O E fl Q) L (n ^'yd U z N m -c (6 _c a cz co co (B +r E j 0 0 76 (v d) 2 E (FS r O -30- -31- -32- r) f 2 0 0 G CD 0 a E e a E z\ Q/ M q E f n 62 R E -0 O o 2 x o E o O e 5 E o E o c 00 o m \2 7 1 6 CO E '3 L J H'5 .c C/± -33- 0) CZ y 1. E O L. 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C CD d CD -c f- 0 o E J oO a) 2 it v' o o Ua tY c ED.= .o b LL 2 0 cn o O 0 o w L CZ CO co a) LC) r U) T 1 `Ys o r r 0 I I I o O O 0 O O O r r r A A A A c o NI Q QooC Z Z Z in co cr) co 6 -38- O 0 0 O 0 0 0 0 0 0 O o 0 o O 0 0 0 0 0 p 0 0 0 0 O o 0 0 O (0 O O O r 6r- 4— a' E 0 co C6 as Y a) o ca 0 W a') o (6 a) a' To L Z U3 m b- fi A 11ff CO 3 J c 0 0 O A 1 J 9'kw -39- 23 (stiepay) ca N Q E a c fV co v 2 c co ET 0 ai ct Q) E c 1.-, T3 al Co c U, E a) a E IS H y 2 Q ete co p E 1® L cn c A (3) a,in }eaadwaj any ueaJ M N O -40- O W C 4 O N 3o6I, snow sloe® W O 0 LC) 0 Cw A■ Ism era to ilit CA CC CC 0 0 -41- 0 E 0 as d 0 0/ A 2 2 -42- t el E to a 4a G -t O 0 D Eat 4- e 0 f o i7 E ES [a ƒ{ U 1- o E 7 e 71 CE -43- f co o $o }a te o 4-0 CD C 0 #m u) E�7a o 5§ a e wƒ k /\0C N a-+ ro Q f6 X ra QJ %so C C c tic W co L 4 CU S et re 0 iJ 0) 1 -44- -45- 0 O O gitt o cra -0 g 2 6 ant r C e FIE na C co U co 0 to O -46- ro tZg 0 u -47- -48- CU O U rrt pas ft .:r1 0 Q 4~ r A -4 9- vi 0 O 0 0 N .4 0 -50- Re: Agenda Item B 2 Council, RECEIVED Nov 2 4 nos KENAII CITY CLERK Rick Ross 1505 Kittiwake Kenai, Alaska Nov 24, 2009 I am unable to attend tonight's council meeting when a presentation is being made to you on the Alaska Coastal Communities Climate Change Compact. Please consider this my testimony if you determine to make a decision on becoming a signatory to the Compact at this, or at a subsequent meeting. During the six years I was on council I served as your representative on two State appointed oil and gas advisory committees. During the last two years I was a Kenai Peninsula Borough representative on the Tri- Borough Energy Commission. Many of the energy conservation and alternative energy goals set forth in the Compact are addressed in the report issued by the members of this commission. Recommendations in this report are being considered in legislative committee, and the report is available to this council for your review. It is also available online. Please review this document and consider your endorsement of it as an alterative to being signatory to the Compact. I have several concerns with the Compact, one of which I am asking you to consider at this time prior to taldng any action toward becoming a signatory: By becoming signatory to the Compact you are recognizing the validity of the statements contained within it. This is clearly stated in the last sentence, of the second paragraph, of the first page of the Compact. On page 2, #4 of the Compact is a statement in which you would be supporting the use of cap- and -trade revenues and carbon tax. I would consider this a back door endorsement of the cap- and -trade legislation before the Senate. To state you support the use of the revenues, will be interpreted reasonably by others as an endorsement of the legislation, especially when you have no record to the contrary. The Waxman- Markey cap- and -trade legislation is a very important consideration for this city and state because of its potential negative impacts on the local and state economy. While all refined products, domestically produced as well as foreign imported will be subject to taxation based on end use, domestic refineries will be subject to operational energy taxation and environmental constraints that offshore facilities will not be. This is a. good reason, among other considerations, that will further the movement of refineries offshore. Not only can this unequal playing field result in the eventual demise of the three refineries in Alaska, but also possibly others on the West Coast. If this were to occur the value of Alaska's North Slope oil would suffer and cost of refined products would escalate significantly. Alaska this year has already had layoffs in the industry and announcements of decisions to forgo further investment. -51- Ross Nov 24 09 Passage of cap-and- de will only be exacerbating this situation in the future. At the same time as Valero is announcing this month the closure of art East Coast refinery, India is spending massively on building exporting refineries. What is the benefit to the global environment for us to lose jobs and close refineries so we can import refined product at higher costs which are produced from refineries that do not meet our environmental standards? There is presently a very large national media campaign in support of "Climate Change" legislation. This effort is being directed at the US Senate where Waxman- Markey is stalled for very good reasons. There is little doubt that by signing this Compact the City of Kenai will be counted as onboard on this issue and this document will be represented as your position to our legislature and congressional delegation on this climate change Legislation. Even if you disagree with my views on the potential impacts of the present cap -and -trade legislation, why not wait until you get the facts? Why not wait until the Alaska legislature has had hearings and taken a position, or hearings are held in the Senate and you know more fully what the issues are? You requested a presentation on the Compact, why not invite Tesoro and The Alliance to give presentations on the impacts they project if the current legislation is adopted? This is not a time sensitive issue and you do have time to see how this develops and become more informed before becoming signatory to a Compact, the use of which, and the ramifications of which may not be fully understood at present. Thank you for your consideration of these comments. Rick Ross -52- Fw: [wncl "Climategate" and the Real Meaning of the Ulobal Warming "Consensus" Robert 'fr.. Page 2 of 4 "Climategate" and the Real Meaning of the Global Warming ''Consensus" by Robert Tracinski TIA Daily 23 November 2009 In early October, I covered a breaking story about evidence of corruption in the basic temperature records maintained by key scientific advocates of the theory of man -made global warming. Global. warming "skeptics" had unearthed evidence that scientists at the Hadley Climatic Research Unit at Britain's University of East Anglia had cherry- picked data to manufacture a "hockey stick" graph showing a dramatic —but illusory— runaway warning trend in the late 20th century. But now newer and much broader evidence has emerged that looks like it will break that scandal wide open. Pundits have already named it "Climategate." A hacker or possibly a disillusioned insider —has gathered thousands of e -mails and data from the CRU and made them available on the Web. Officials at the CRU have verified the breach of their system and acknowledged that the e -mails appear to be genuine. Yes, this is a theft of data —but the purpose of the theft was to blow the whistle on a much bigger, more brazen crime. The CRU has already called in the police to investigate the hacker. But now someone needs to call in the cops to investigate the CRU. Australian journalist Andrew Bolt has a good overview of the story, with a selection of incriminating e -mails that have already been discovered in the hacked data. Note that these e- mails reveal more than just what it going on at the CRU, since they involve numerous leading British and. American climate scientists outside of the CRU. These e -mails show, among many other things, private admissions of doubt or scientific weakness in the global warming theory. In acknowledging that global temperatures have actually declined for the past decade, one scientist asks, "where the beck is global warning The fact is that we can't account for the lack of warming at the moment and it is a travesty that we can't." They still can't account for it; see a new article in Der Spiegel.: "Climatologists Baffled by Global Warming Time- Out." I don't know where these people got their scientific education, but where I come from, if your theory can't predict or explain the observed facts, it's wrong. More seriously, in one e -mail, a prominent global warming alarmist admits to using a statistical "trick" to "hide the decline" in temperatures. Anthony Watts provides an explanation of this case in technical detail; the "trick" consists of selectively mixing two different kinds of data— temperature "proxies" from tree rings and actual thermometer measurements—in a way designed to produce a graph of global temperatures that ends the way the global warming establishment wants it to: with an upward "hockey stick" slope. Confirming the earlier scandal about cherry picked data, the e -mails show CRU scientists conspiring to evade legal requests, under the Freedom of Information Act, for their underlying data. It's a basic rule of science that you don't just get to report your results and ask other people to take you on faith. You also have to report your data and your specific method of analysis, so that others can check it and, yes, even criticize it. Yet that is precisely http: /us.mc1115.mail.yahoo com/mc /showMessage ?sMid= 42 &filterBy rand 1773356207 &mi... 12/5/2009 -53- Fw: [wnc] "Climategate" and the Real Meaning of the Global Warming "Consensus" Robert Tr... Page 3 of 4 what the CRU scientists have refused. But what stood out most for me was extensive evidence of the hijacking of the "peer review" process to enforce global warming dogma. Peer review is the practice of subjecting scientific papers to review by other scientists with relevant expertise before they can be published in professional journals. The idea is to weed out research with obvious flaws or weak arguments, but there is a clear danger that such a process will simply reinforce groupthink. If it is corrupted, peer review can be a mechanists for an entrenched establishment to exclude legitimate challenges by simply refusing to give critics a hearing. And that is precisely what we find. In response to an article challenging global warming that was published in the journal Climate Research, CRU head Phil Jones complains that the journal needs to "rid themselves of this troublesome editor hopefully not through the same means used by Henry II's knights. Michael Mann replies: I think we have to stop considering "Climate Research" as a legitimate peer reviewed journal. Perhaps we should encourage our colleagues in the climate research community to no longer submit to, or cite papers in, this journal. Note the circular logic employed here. Skepticism about global warming is wrong because it is not supported by scientific articles in "legitimate peer reviewed journals." But if a journal actually publishes such an article, then it is by definition not "legitimate." You can also see from these e -mails the scientists' panic at any dissent appearing in the scientific literature. When another article by a skeptic was published. in Geophysical Research Letters, Michael Mann complains, "It's one thing to lose Climate Research. We can't afford to lose GRL." Another CRU scientist, Tom Wigley, suggests that they target another troublesome editor: "If you think that Saiers is in the greenhouse skeptics camp, then, if we can find documentary evidence of this, we could go through official AGU channels to get him n +usted." 'Th exa ctly what they did, .hd later i] boasts "T�__ .,y a t aw.. ;.,at; casts that "The GRL leak may have been plugged up now w /new editorial leadership there." Not content to block out all dissent from scientific journals, the CRU scientists also conspired to secure friendly reviewers who could be counted on to rubber -stamp their own work. Phil Jones suggests such a list to Kevin Trenberth, with the assurance that "All of them know the sorts of things to say...without any prompting," So it's no surprise when another e -mail refers to an attempt to keep inconvenient scientific findings out of a UN report: "I can't see either of these papers being in the next IPCC report. K and I will keep them out somehow —even if we have to redefine what the peer- review literature is!" Think of all of this the next time you hear someone invoke the authority of peer review —or of the UN's IPCC reports —as backing for claims about global warming. This scandal goes beyond scientific journals and into other media used to promote the global warming dogma. For example, RealClimate.org has been billed as an objective website at which global warming activists and skeptics can engage in an impartial debate. But in the CRU e- mails, the global warming establishment boasts that Real is in their pocket. 1 wanted you guys to know that you're free to use RC in any way you think would he helpful. Gavin and I are going to he careful about what comments we http: /us.mc 1115. mail.yahoo.com/mc /showMessage? sMid =42 &filterBy= &.rand =1773 3 56207 &mi... 12/5/2009 -54- Fw: [wnc] "Climategate" and the Real Meaning of the Global Warming "Consensus" Robert Tr... Page 4 of 4 screen. through.... We can hold comments up in the queue and contact you about whether or not you think they should be screened through or not, and if so, any comments you'd like us to include. f]hink of RC as a resource that is at your disposal.... We'll use our best discretion to make sure the skeptics don't get to use the RC comments as a megaphone. And anyone doubting that the mainstream media is in on it, too, should check out New York Times reporter Andrew Revlon's toadying apologia for the CRU e- mails, masquerading as a news report. The picture that emerges is simple. In any discussion of global warming, either in the scientific literature or in the mainstream media, the outcome is always predetermined. Just as the temperature graphs produced by the CRU are always tricked out to show an upward sloping "hockey stick," every discussion of global warming has to show that it is occurring and that humans are responsible. And any data or any scientific paper that tends to disprove that conclusion is smeared as "unscientific" precisely because it threatens the established dogma. For more than a decade, we've been told that there is a scientific "consensus" that humans are causing global warming, that "the debate is over" and all "legitimate" scientists acknowledge the truth of global warming. Now we know what this "consensus" really means. What it means is: the fix is in. This is an enormous case of organized scientific fraud, but it is not just scientific fraud. It is also a criminal act Suborned by billions of taxpayer dollars devoted to climate research, dozens of prominent scientists have established a criminal racket in which they seek government money —Phil Jones has raked in a total of £13.7 million in grants from the British government —which they then use to falsify data and defraud the taxpayers. It's the most insidious kind of fraud: a fraud in which the culprits are lauded as public heroes. from this c_che. l� they even -n themselves that Judging cache of e- mails, u.� e': cri manage to tell iueiu�ei vc� tllai inCrr manipulation of the data is intended to protect a bigger truth and prevent it from being "confused" by inconvenient facts and unconmilled criticism. The damage here goes far beyond the loss of a few billions of taxpayer dollars on bogus scientific research. The real cost of this fraud is the trillions of dollars of wealth that will be destroyed if a fraudulent theory is used to justify legislation that starves the global economy of its cheapest and most abundant sources of energy. This is the scandal of the century. It needs to be thoroughly investigated —and: the culprits need to be brought to justice. http•/ /us.mc 1115 .maiLyahoo.com /mc /showMessage ?sMid= 42 &filterBy= &.rand 1773356207 &mi... 12/5/2009 -55- KENAI CHAMBER OF COMMERCE Resolution 2009 -01 A resolution of the Kenai Chamber of Commerce Board of Directors Opposing the City of Kenai signing or endorsing the Alaska Coastal Communities Global Climate Change Compact ACCGCCC). Whereas: Although well intentioned, ACCGCCC is predicated on the false belief that proposed climate change legislation at the national level will have an impact on emissions from fossil fuels and therefore on global climate change. Whereas: ACCGCCC seeks legislation that will put restrictions on American firms that will not be imposed on foreign competitors. Whereas: The net effect would be increased emission of green house gases. Whereas: Restrictions in America will force companies to operate in countries where there is little or no regulation of emissions. Whereas: Until all countries agree to curb their emissions and create a level playing field, the restrictions implied by ACCGCCC will only put American firms at an economic disadvantage, American jobs will be lost and no reduction in emissions will have been accomplished. Whereas: The local economy in Kenai is supported to a large degree by the oil and gas industry. Whereas: At this crucial time for our local community and as our nation struggles to recover from an economic downturn, additional restrictions will only make a bad situation worse. Whereas: A more responsible approach would include provisions that ensure that foreign companies are subject to the same regulation and emission controls that American firms must comply with, Whereas: Without such a provision there will be no actual reduction of emissions and no impact on climate change. NOW, TH EREFORE, BE IT RESOLVED that the Kenai Chamber of Commerce Board of Directors hereby oppose the signing or endorsing the Alaska Coastal Communities Global Climate Change Compact ACCGCCC). Directors This cQ3 Day of ,AJ0Jt,Jsti 2009 Penny Furnish President Kenai Chamber of Commerce Kenai Chamber of Commerce 402 Overland Kenai, AK 99611 -56- Attest Tina Baldridge Executive Director RECEIVED DEC GO 2009 KENAI CITY CLERK Matanuska Susitna Borough 350 E. Dahlia Avenue Palmer, AK 99645 (907)745 -4801 Municipality of Anchorage 632 W. 6 Avenue Anchorage, AK 99501 (907)343 -7100 Tri- Borough Commission Tri Borough Commission Proposed Energy Policy For the Southcentral Region of Railbelt Alaska The mayors of Anchorage and the Matanuska Susitna and Kenai Peninsula Boroughs have formed the Tri- Borough Commission to coordinate common action, leverage resources, and aggressively pursue solutions to common problems on a regional level. Together, this region has a combined population of more than 400,000 residents, in excess of 60 percent of the state's entire population, These local governments encompass the vast majority of Alaska's roads and other public infrastructure and serve as the state's commercial headquarters. The availability of adequate, reliable, affordable, and sustainable energy resources that are vital to the current and future economic health of the Southcentral region and Alaska has reached a critical juncture. The current uncertainty created by shrinking energy supplies and risinv costs in the Southcentral region and A laska must be addressed immediately. If not addressed now, these energy issues risk the future economic health of the Southcentral region and Alaska. For the last decade, the State of Alaska has lacked a comprehensive energy policy and has had no strategic plan or direction for securing Alaska's energy future. This leaves the many divisions of state government operating without a clear and unified direction, resulting in current critical state of energy affairs. The current condition of Alaska's energy supply Alaska's energy situation is changing rapidly. In the last decade, several regional and global forces have begun to affect both energy supply and demand. in Alaska. These forces include: Kenai Peninsula Borough 144 N. Binkley Soldotna, AK 99669 (907)714 -2335 Rising global demand for energy with a corresponding increase in the cost of key energy sources such as natural gas, diesel and elecuicity. A growing concern for the security and reliability of energy supplies. -57- The growing influence of market forces on the supply and cost of energy. Increased global competition in world energy markets affecting energy producer investment decisions. A growing awareness of the global environmental impact of fossil fuels and the increasing likelihood that public policies will put a price on carbon emissions. When combined with these regional and global forces, the following factors underline the need for a comprehensive energy policy for the State of Alaska: Alaska is now a net importer of key energy resources including jet fuel (31% of demand), distillate fuels (54% of demand), propane (50% of demand), and foreign crude oil for in -state refineries (16% of demand). Several major energy related projects are being proposed for development at various levels of state and local government without an energy policy and corresponding strategic energy plan in place to evaluate and prioritize those projects to best serve Alaska's future energy needs. The Railbelt electricity generation infrastructure needs significant new investment to replace aging equipment and meet future demand. Electricity and natural gas markets in Alaska are isolated, If not properly managed, this situation could inhibit critical private investment in infrastructure and new supplies. Rising costs for Cook Inlet natural gas and declining Alaska oil production have caused significant declines in industrial energy demand and erosion of Alaska's vital hydrocarbon processing industries. State regulatory policy affecting in -state energy use has not been updated significantly in decades and may be inadvertently stifling innovation and development of new energy supplies. In comparison to other U.S. states with similar economies, environmental conditions, tnt ons and energy profiles, Alaska lags in several key areas including popu�u�„ gyp g y. g the cost of key energy sources such as electricity and gasoline Alaska also lags in energy related activity such as active rotary drill rigs, growth in producing oil gas wells, and increased use of renewable energy and improved energy efficiency. Montana, Utah and Wyoming are states that Alaska can be compared to, given the current state of their economies, populations and environmental conditions. When examining those states on several key indicators, several key facts become apparent. While Alaska still enjoys the benefit of less expensive natural gas for residential heating, all of these states enjoy significantly less expensive rates for gasoline and more so for electricity. All of these states have strategic plans based on adopted state policies that guide the efforts of state government to promote and develop both non renewable and renewable energy sources and infrastructure. Utah in particular has taken a strong position on the issue of energy with the adoption of a state energy policy in 2006. Tri- Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -58- State to State Comparisons of ICey Statistics (Source: U.S. Department of Energy, Energy information Administration, State Profiles, www.eia.doe.eov) The need for a comprehensive energy policy The Tri- Borough Commission believes that the State of Alaska must first adopt a comprehensive energy policy and corresponding set of strategic goals. This policy and these goals should then be used to guide and direct all divisions of state government in immediately developing and executing a coordinated comprehensive energy plan that will secure affordable and plentiful energy resources for the Southceniral region in the future. Tri-Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -59- Alaska Wyoming Utah Montana Date Population (rounded) 700,000 500,000 2,600,000 1,000,000 2007 Per Capita Income $37,271 $40,676 $29,108 $30,688 2006 Gross Domestic Product $41.4 billion $29.6 billion $97.7 billion $32.3 billion 2006 1 purchase Crude Price $82.551bb1 $76.231bb1 $B3.211bb1 $83.811bbl 11107 Regular Gasoline) Gallon $2.79 $2.60 $2.50 $2.61 11/07 Residential Natural Gas $8.62 mcf $8.38 mcf $8.98 mcf $9.15 mcf 11107 Residential Electric 1 $0.158 Kwh $0.0822KWh $0,0795 KWh $0.0909 KWh 10/07 Total Electric Generation 553,000 MWh 3,894,000MWh 3,830,000 MWh 2,171,000 MWh 10/07 Petroleum Generation 89,000 MWh 5,000 MWh 6,000 MWh 1,000 MWh 10/07 -Nat. Gas Generation 343,000 MWh 40,000 MWh 496,000 MWh 8,000 MWh 10/07 -Coal Generation 46,000 MWh 3,724,000 MWh 3,269,000 MWh 1,601,000 MWh 10/07 -Hydro Generation 73,000 MWh 26,000 MWh 40,000 MWh 470,000 MWh 10107 Renewable Generation 1,000 MWh 68,000 MWh 19,000 MWh 55,000 MWh 10107 Annual Nat. Gas Prod. 444.7 Bcf 1,616.2 Bcf 346.0 Bcf 112.8 Bcf 2006 Annual Crude 011 Prod. 266.3 million bbl 53.4 million bbl 20.1 million bbl 32.5 million bbl 2007 Annual Coal Production 1.43 million short tons 446.7 million short tons 26.0 million short tons 41.8 million short tons 2006 Operational Rof Rotary Rigs a n 9� 40 22 2006 Producing Oil Wells 2,766 10,205 2,401 4,078 2006 Producing Gas Wells 231 25,052 4,506 6,578 2006 State to State Comparisons of ICey Statistics (Source: U.S. Department of Energy, Energy information Administration, State Profiles, www.eia.doe.eov) The need for a comprehensive energy policy The Tri- Borough Commission believes that the State of Alaska must first adopt a comprehensive energy policy and corresponding set of strategic goals. This policy and these goals should then be used to guide and direct all divisions of state government in immediately developing and executing a coordinated comprehensive energy plan that will secure affordable and plentiful energy resources for the Southceniral region in the future. Tri-Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -59- In light of this fine belief, the Tri- Borough Commission established a task force in September, 2007 to develop an energy policy and strategic goals document. This task force was comprised of 11 representatives appointed from the three municipalities by each mayor. This highly respected group of individuals brought significant expertise in the areas of utilities, energy production and supplies, renewable energy, energy efficiency, energy policy, industrial demand and municipal interests. The task force members included: Steve Cott, Interim Director, Institute for Social and Economic Research (ISER) Rick Eckert, Mgr. Business Development Regulatory Affairs, Homer Electric Assoc, Tony Izzo Energy Consultant Rolf Manzek, Operations Manager, Tesoro Alaska Company Donald Page, Commercial Manager, Chevron/Union Oil Company of California Jim Palin, Former General Manager, Matanuska Electric Association Chris Rose, Executive Director, Renewable Energy Alaska Project Rick Ross, City Council Member, City of Kenai Jim Senn, Business Support Manager, Agrium U.S. Inc, Eric Yould, Principal, Wood Canyon Group, Inc. Bill Popp, President CEO, Anchorage Economic Development Corporation The task force met repeatedly September through January of 2008 to develop through a consensus process a proposed State energy policy and 16 strategic goals that have been endorsed by the mayors of the Tri Borough Commission. This balanced policy and corresponding goals, focused on both non renewable and renewable energy sources, offers a clear and concise structure to guide all divisions of state government in the development and implementation of a strategic energy plan for Southcentral Alaska. This over- arching energy policy will guide all levels of state and local government in the fo r o f consistent legislation, regulation and that i h rJn en. leg;.,. n, regn.a initiatives �uis� uiri,Ctl' impact the exploration, development and delivery of necessary energy sources to serve residents, businesses and industries into the future A state energy policy will also provide clarity and stability to energy development companies and energy dependent industries and businesses, thereby promoting healthy economic growth for Alaska, The Tri Borough Commission offers this proposed energy policy and goals as a component of a broader energy policy that should be developed for the entire State of Alaska, The energy issues currently afflicting other regions of Alaska, especially in rural Alaska, are too complex and unique to be addressed by the Tri- Borough Commission. Rather, the Commission believes that the proposed policies contained in this document could be applicable to other regions of Alaska, but should be carefully considered through a collaborative regional process first before being adopted for those regions. Tri- Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -60- State of Alaska Energy Policy (As Proposed by the Tri- Borough Commission) It is the policy of the State of Alaska to reach the goal of an adequate, reliable, affordable, and sustainable supply of energy as a foundation of well -being and long run prosperity. The State of Alaska will actively promote the development of: i, nonrenewable energy resources, including natural gas, coal, oil, gas hydrates, heavy oil and nuclear and renewable energy resources, including tidal, wave, hydropower, geothermal, solar, wind, and biomass; The State of Alaska will pursue, promote and reward energy efficiency. The State of Alaska will promote the rational development of resources and infrastructure sufficient to meet the state's growing energy demand, while contributing to the national energy supply, thus reducing dependence on international energy sources, The State of Alaska will promote energy security for its economy, The State of Alaska will seek solutions that address global climate change, The State of Alaska will seek to develop flat priced, zero fuel cost energy resources as part of a diversified supply portfolio, The State of Alaska will allow market forces to drive prudent development and use of energy resources, although incentives and other methods can and should be used appropriately to ensure the optimal long -term development and use of energy resources for the benefit of current and future generations of Alaskans. The State of Alaska regulatory processes should be thoroughly reviewed and streamlined to balance economic costs with the level of review necessary to ensure protection of the states various interests; When necessary, The State of Alaska will encourage expedited federal action and will collaborate with federal agencies to expedite review; and The State of Alaska will create and maintain an environment that provides for reasonable and stable consumer and industrial prices while providing producers and suppliers a fair return on investment, recognizing that: i. Economic prosperity is linked to the availability, reliability, and affordability of consumer and industrial energy supplies; and ii. Investment in new supplies will occur only when adequate financial returns can be realized. -5 Tri- Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -61- State of Alaska Stratexic Energy Policy Goals (As proposed by the Tri- Borough Commission) I. The State of Alaska should immediately adopt the State Energy Policy. a. Before any strategic planning can be developed and executed, there must be a guiding policy to link all divisions of State government to work in concert towards the successful implementation of any broad based energy plan for Southcentral Alaska. 2. The State of Alaska should perform a complete review of all regulations in all divisions of State government and identify and implement any necessary statutory changes to assure compliance with the State Energy Policy. a. All divisions and agencies of State government must conform their regulations, rules, and practices to conform with the adopted energy policies of the State of Alaska if that policy is to ultimately be successful. 3. Immediately reform utility regulatory processes to support efficiency and conservation, including efficiency -based pricing and demand side management practices, rather than inefficient and outdated volume -based pricing in Railbelt Alaska. a. The State should develop guidance for rate- makers (RCA) to change volume -based utility rate structures and implement conservation /efficiency based rate designs. 4. Reform regulatory processes to provide a more efficient and reliable permitting system to better support investment and expedited exploration and development of non renewable energy supplies in the Railbelt region. a. The Southcentral region still has significant potential for the discovery and development of non- renewable energy reserves in the form of natural gas and crude oil. Given the long history of oil and natural gas exploration and production in Cook Inlet, and the corresponding development of best practices for safely extracting those resources, the State of Alaska should develop streamlined pemitting systems and Regulatory Commission processes that recognize and favor accepted best practices for on and offshore oil and gas activities in an effort to expedite needed permitting for oil and gas exploration and production. 5. Provide encouragement and incentives to promote additional Cook Inlet natural gas and crude oil drilling and infrastructure improvements. -6 Tri- Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -62- a. Cook Inlet natural gas will provide the bulk of the Railbelt region's energy needs, especially heating, for many years to come. And there are still significant potential crude oil reserves that should be developed to stem the rising levels of foreign crude oil that is currently being imported to meet in -state refinery demands. In addition, Cook Inlet's natural gas and crude oil pipeline infrastructure will likely need significant upgrades and expansion as new reserves are developed in the coming years. The State of Alaska should continue to encourage, support and provide incentives as necessary to promote continued exploration, development, production and delivery of Cook Inlet natural gas and crude oil.. 6. Develop a coordinated plan for natural gas storage that will most efficiently address peak demands in the Railbelt area to eliminate or reduce the possibility of supply interruption. a. Given the aging natural gas fields of the Cook Inlet region, deliverability of natural gas during peak demand periods in winter has become one of the most pressing issues that must be addressed immediately The State of Alaska should seek immediate and long -term solutions in partnership with producers and utilities to provide adequate stored natural gas reserves for meeting winter power generation and heating utility needs in the short and long term. b. Develop a coordinated program with producers and utilities to address peak demands for the Southcentral region. This could alleviate Cook Inlet shortages, increase reliability, and reduce the probability of major service interruptions. 7. To better serve Railbeit customers, utilities must coordinate planning of generation sources and energy infrastructure in the Railbelt region. a. Coordinated planning of large energy infrastructure should include a best interest finding for all Southcentral consumers. Long -term low cost and reliable energy solutions will require coordination and resource sharing among utilities and fuel suppliers. 8. Require full life cycle costs, in particular life cycle energy cost analysis be included and considered as part of the design engineering of publicly financed building projects. a. Over 50% of a building's lifetime costs are energy related, while initial construction casts are typically less then 15 Therefore, for publicly financed building projects over a designated threshold life cycle energy costs should be evaluated as part of the design engineering and pre -bid conferences. Such a process would encourage the incorporation of state of 7 Tri- Borough Cominission Proposed Southcentral Energy Policy, February 7, 2008 -63- the art windows, insulation, lighting and appliances, and would save the public millions of dollars over the lifetime of the building. 9. Perform a comparative energy use impact analysis of publicly funded transportation projects and include the analysis as part of existing planning and approval processes. a. The state currently relies heavily on federal transportation dollars to subsidize the cost of building roads across the state. The building of such roads presupposes that using motor vehicles is always the most efficient way to move people and goods around the state. As gasoline prices move higher (at $3 per gallon prices are still well less than half of what Europeans are currently paying) alternative public transportation projects make more and more economic sense. If the state is going to use precious government funds to build transportation infrastructure it makes good economic sense to analyze the energy impacts of publicly funded transportation projects when deciding which projects to move forward with. 10. The State of Alaska and Railbelt utilities shall initiate a collaborative effort to achieve 30% of electricity supply from zero-fuel renewable energy resources by 2018. a. The Railbelt currently generates about 10% of its electricity from zero fuel renewable energy resources, while the state generates about 24% of its electricity from non -fuel resources. Nearly all of this non -fuel generated electricity comes from hydroelectric projects. A 30% goal for the Railbelt by 2018 could be achieved, especially if plans for several currently proposed projects are moved ahead aggressively. Topping the list of projects that could help the Railbelt meet this goal are large hydro projects either at Lake Chackachamna or on the Susitna River, a large (50- 100 MW) geothermal project near Mount Spurr, and large wind projects on Fire Island and near Healy (between 50 and 100 MW each), There are also current proposals to generate electricity from tidal power in Knik Arm. The Railbelt currently uses about 5 billion kilowatt hours (kWhs) of electricity per year. A 330 MW hydro project at Chackachamna with a 45% capacity factor could produce approximately 1.3 billion kWhs of non -fuel electricity per year. A 50 MW geothermal project with a 95% capacity factor could produce approximately 416,000,000 kWhs of non fuel electricity per year. Two 75 MW wind projects, each with 33% capacity factors, could produce approximately 433,000,000 kWhs of non fuel electricity per year And, a 50 MW tidal project with a 30% capacity factor could produce approximately 131,000,000 kWhs of non -fuel electricity per year. The hydro projects have a lead time of approximately 8 Tri- Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -64- 10 years. The geothermal project would take approximately eight years to complete. The wind projects could be producing power in three years from the time the decision is made to build them, and a tidal project of the size described would probably not be possible for ten years. However, it can be seen that if all the projects were pursued and completed by 2018 that an additional 2.28 billion kWhs of non -fuel electricity (almost half of current demand) could be generated. Reduce Railbelt per capita residential consumption of electricity 1.0% by 2020 and natural gas for heating 10% by 2015 through regulatory reforms and state energy efficiency programs and incentives. a. Through a combination of carefully considered measures this goal can be met in 12 years. Heating appliances, electrical appliances and lighting all exist that are far more efficient than those most popularly in use today. The key to meeting this goal will be the adoption of utility, local government, and state incentives and programs to rapidly convert to the more efficient appliances, and to encourage reduced energy usage during peak demand periods. A range of such policies exist in other jurisdictions that Alaskans can examine, tailor and adopt, 12. Develop regulations. initiatives incentives to promote, encourage and establish economically viable CO2 underground sequestration infrastructure industries in Cook Inlet by 2020, including processing facilities, pipelines, Enhanced Oil Recovery (EOR). a. The federal government has estimated that, through the use of CO2 enhanced oil recovery (EOR) techniques, Cook Inlet could produce an additional 300 million barrels of oil from up to 13 existing, aging oil fields in the region. Any likely expansion of the industrial base in the Southcentral region that takes advantage of North Slope natural gas liquids or Alaska coal resources will generate significant volumes CO2 as a byproduct of the manufacturing processes. This green house gas will need to be sequestered in some form if any future ANS natural gas or Southcentral coal -based industrial expansion in the region is to take place. CO2 EOR offers tremendous potential to cost effectively capture and sequester CO2 waste streams from these industrial processes. CO2 EOR in Cook inlet also would have the added benefit of generating significant new volumes of oil production, while generate a net gain in total sequestration of CO2 waste streams generated by the use of ANS natural gas liquids, Alaska coal and any crude oil generated by the CO2 EOR processes. The State of Alaska should take a leading role in promoting the development of economically viable CO2 EOR usage in. the Cook Inlet region. Tri-Borough Commission Proposed Southcentral Energy Policy, Fein-wry 7, 2008 -65- 13. The State of Alaska should support and invest in upgrades and extension of the existing Railbelt transmission grid system to prepare for and promote future economic growth in the region. a. The Railbelt region of Alaska hosts over 60% of the population of Alaska and will likely see significant economic growth in the coming decades. Infrastructure, and especially electrical transmission systems, will be vital to encouraging and promoting that growth. The 23 Alaska State Legislature established the Energy Policy Task Force to develop a long term energy plan enhancing Alaska's economic future, evaluate our long term energy needs, consider how to use State owned electrical assets in the most efficient manner and determine policy that addresses the State's long term energy needs. Those recommendations remain applicable today and should be addressed as part of a long -range energy plan. 14. Seek through market processes to connect Southcentral Alaska to North Slope natural gas reserves by 2020 and engage in the recruitment of industrial users of North Slope natural gas and liquids to promote project economics. a. The future energy security and economic growth of the Southcentral region of Alaska is vital to economic future of Alaska North Slope natural gas and natural gas liquids NGL's) offer tremendous potential to secure that future. The State of Alaska and the communities of the South Central Alaska should seek to promote and support an economically viable pipeline connection to North. Slope natural gas reserves. To maximize economies of scale, the State of Alaska and communities of the Southcentral region should also seek to engage and recruit industrial users for North Slope natural gas and NGL's to establish a long -term industrial base in the Southcentral region. 15. Encourage distributed generation of renewable electricity at the customer level through a comprehensive "net metering" program established by the State of Alaska. a. Distributed generation allows individual utility customer to generate all or a.portion of their own power, generally by way of renewable energy resources such as wind and solar, thereby offsetting power that they would receive from the utility system. During periods when the customer's self generation exceeds their use the excess power is fed back into the grid system and the customer receives credit that may be used to offset future energy used from the system, "Net metering" rules have been adopted by most states and are an effective means for establishing uniform policies for allowing individual customers to participate in distributed generation. The program allows individual customers to make local and global contributions to the environment and economy. -10 Tri- Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -66- 16. A School Of Energy should be established within the University of Alaska to promote energy research. education and workforce training focused on supporting the energy goals of the State of Alaska. a. Recognizing the need for applied energy research and testing to achieve many of the recommendations set forward in this report, an interdisciplinary energy program should be established at the University of Alaska and organized as a statewide program. The school could be modeled on existing programs at other institutions, such as the Energy and Environment Research Center at the University of North Dakota or the Wyoming School of Energy; however Alaska has a unique set of challenges and assets which must be addressed. These include renewable energy resources as well as new approaches to fossil fuel extraction, and opportunities for developing stranded energy resources. Existing programs such as ISER (Institute of Social and Economic Research), INE (Institute of Northern Engineering), the Geophysical Institute, the International Arctic Research Center and the Agriculture and Forestry Experiment Station are all important potential participants within the UA system. -11- Tri- Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -67- Carol Freas From: Carol Freas Sent: Monday, December 21, 2009 10.69 AM To: barry_eldridge @yahoo.com; hvsmalley @yahoo.com; cpajoe @altrogco.com; mboyle @alaska.com; kenaimayorl0 @msn.com; molloylaw @ak.net; Ryan Marquis Cc: Rick Koch; Krista Stearns; Corene Hall; Maya Ala Johnson (maya_alajohnson @yahoo.com) Subject: Resolution No. 2009 -68 Mayor /Council Members, Several items have been forwarded to me with requests the information be included in the council packet as supporting documents to the reconsideration of Resolution No. 2009 -68. In discussing the issue with City Attorney Stearns, she advises and we agree the reconsideration returns the resolution to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment. Attorney Steams has also advised me that, due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc., should be taken. Accordingly, if I receive any written public comments, I will inform those submitting the comments of this same information and will also encourage them to contact you individually. Any items that have been forwarded to me or may be forwarded to me, I'll either forward on to you or copy and place in your mailboxes. If you have any questions, please contact me. Carol -68- Carol Freas From: Carol Freas Sent: Monday, December 21, 2009 11:52 AM To: barry_eldridge @yahoo.com; hvsmalley @yahoo.com; cpajoe @altrogco.com; Maya Ala Johnson (maya_alajohnson @yahoo.com); mboyle @alaska.com; kenaimayor10 @msn.com; moltoylaw @ak.net; Ryan Marquis Cc: Rick Koch; Krista Stearns Subject: FW: Leadership Mayor /Council Members, Following is information forwarded through City Manager Koch related to Resolution No. 2009 -68. Carol From: Joe Moore [mailto:joem @altrogco.com] Sent: Monday, December 21, 2009 8:37 AM To: Carol Freas; Rick Koch; Krista Stearns Subject: FW: Leadership FYI- for the packet next meeting. Joe F rom: Susan Jordan [mailto:jordanpc @alaska,net] Sent: Friday, December 18, 2009 12:54 PM To: hvsmalley @hotmail.com; bob @molloyforcouncil.com; mboyle@alaska.com; barry_eldridge @yahoo.com; cpajoe @altrogco.com; ryan @marquisfor.kenai.com Subject: Fw: Leadership I think there are a lot of folks in our community that think the way I do. We vote too. Porter Jordan Original Message From: Susan Jordan To: Patricia Porter Sent: Friday, December 18, 2009 9:55 AM Subject: Leadership Hi Pat I see the latest politically correct band -wagon is in Kenai. Looks like our city council can't wait to jump on. Do you think the city council pays any attention to the real news? Like the news about how the group of scientists that provide climate change information to the IPCC, had manipulated numbers in their study to reach the conclusions that they, the scientists, wanted to reach. In other words, the current idea that human beings and their activities are the major cause for global warming and climate change, is nothing more than a farce. I think real leadership is when you don't jump on a band -wagon that is claiming "The sky is falling, the sky is falling." The things going on in Washington D.C. right now are truly scary. If any of that garbage makes it into law, we as a Nation and we as an Alaskan community, are truly in trouble. I think we should all start praying to God that it doesn't happen. Merry Christmas Porter Jordan 1 -69- Carol Freas From: Carol Freas Sent: Tuesday, December 22, 2009 11:23 AM To: 'Kenai Peninsula Association of REALTORS` Mayor Porter; 'Mike Boyle` 'Robert Molloy; 'Hal Smalley'; 'Barry Eldridge'; 'Joe Moore'; 'Ryan Marquis' Cc: Krista Stearns; Rick Koch Subject: RE: Vote No on Resolution No 2009 -68 Attachments: ACouncillist.doc Ms. Butler, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment and, due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage to you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From Kenai Peninsula Association of REALTORS [mailto:kpar @alaska. net] Sent: Tuesday, December 22, 2009 11:14 AM To: Mayor Porter; 'Mike Boyle; 'Robert Molloy'; 'Hal Smalley'; 'Barry Eldridge'; 'Joe Moore; 'Ryan Marquis'; Carol Freas Subject: Vote No on Resolution No 2009 -68 Please consider the following: Your logo looks like: The resolution you are considering will take away oil and fishing as we know it today and will not allow for the growth that is needed on the Kenai. We are in a precocious position right now due to the state taxation. With the resolution as written we are telling the oil companies that their jobs and their presence in our community doesn't count. With the resolution as written we are telling the "Mom and Pop" operations for the fishing companies their local owned companies need tighter regulations, 1 -70- With the resolution as written you will make it impossible for the oil and fishing industry to continue on the Kenai. Please revise the resolution, protect our way of life on the Kenai, not at the cost of jobs, not at the cost of our environment but at the cost of the seeing faulty science for what it is. Vote No to this resolution for the people in Kenai. Kari Butler 2 -71- Carol Freas From: Carol Freas Sent: Tuesday, December 22, 2009 2:10 PM To: 'gfeeken @alaska.net Subject: RE: VOTE NO!! Resolution 2009 -68 Attachments: ACouncillist.doc Ms. Feeken, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment and, due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e, emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 Original Message From gfeeken @alaska.net [mailto:gfeeken @alaska.net] Sent: Tuesday, December 22, 2009 1:19 PM To: Mayor Porter; 'Mike Boyle'; 'Robert Molloy'; 'Hal Smalley'; 'Barry Eldridge'; 'Joe Moore'; 'Ryan Marquis'; Carol Freas Subject: `JOTS NO!! Resolution 2009 -68 Kenai City Council Members: I respectfully ask that you all vote "NO" on Resolution 2009 -68. I am very concerned that this resolution does not get passed because we need our oil and fishing industry and businesses in connection with them. I agree we need to be responsible in the management of the oil and fishing industry, but this is not the way to go about it. The Kenai logo currently displays an oil rig and a fish. These have long represented the livelihood of many. If Resolution 2009 -68 is allowed to be reconsidered, we may as well change Kenai's logo to the taillights of a moving van with a fish being replaced by a light switch so the last one to leave can turn off the light. Again, I urge you to vote "NO" on January 5, 2010 on Resolution 2009 -681i Glenda Feeken i -72- No virus found in this incoming message. Checked by AVG www.avg.com Version: 9.0.722 Virus Database: 270.14.116/2580 Release Date: 12/21/09 23:09:00 2 -73- Carol Freas From: Carol Freas Sent: Wednesday, December 23, 2009 8:07 AM To: 'Al' Subject: RE: Climate Change Mr. Van Horne, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is dosed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. would also encourage you to contact them individually. A copy of their contact information is attached. if you have any questions, please contact me. Carol L Freas, City Clerk City of Kenai 210 Fidaigo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: Ai [mailto:vanhorne @acsalaska.net] Sent: Wednesday, December 23, 2009 7:24 AM To: Carol Freas Cc: Peggy Subject: Climate Change I support joining "Alaska Coastal Communities Global Climate Change Compact ".It really doesn't matter whether global warming is caused by human activities or not,there can be no doubt it is occurring,with devastating consequences.Alaska communities should be leading the fight to soften those consequences,rather than dragging their feet. Al Van Horne,2505 Watergate,Kenai AK 99611 1 -74- Carol Freas From: Carol Freas Sent: Thursday, December 24, 2009 8:10 AM To: 'Preferred Realty' Subject: RE: Resolution No 2009 -68 Attachments: ACouncillist.doc Ms. Johns, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 Original Message From: Preferred Realty mailto:prerealty @acsalaska.net] Sent: Wednesday, December 23, 2009 1:03 PM To: Mayor Porter Subject: Resolution No 2009 -68 Mayor Porter and Kenai City Council; I am totally opposed to the passage of the Alaska Coastal Communities Global Climate Change Compact. I do not believe global warming is caused by people but just a normal climate cycle. I do believe this compact would hurt the state, city and the economy of its people. It would definitely affect the oil and fishing industry which makes up a large majority of our local population. This issue would adversely impact every person in some way. People are struggling as it is and this would make it worse. I urge you to vote no on this resolution. Thank you, Anna Johns Broker, CRS, GRI Preferred Realty Mgt. 130 S. Willow St. #4 Kenai, AK 99611 907- 283 -5477 PreferredAlaskaRealEstate.com t -75- Carol Freas From: Carol Freas Sent: Monday, December 28, 2009 1:15 PM To: 'Peter Klauder' Subject: RE: Yes on Resolution 2009 -68 Mr. Klauder, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: Peter Klauder [mailto:klauder @alaska.net] Sent: Monday, December 28, 2009 12:33 PM To: Mayor Porter Cc: bob @moiloyforcounal.com; barry_eldridge@yahoo.com; hvsmalley @yahoo.com; cpajoe@aitrogco.com; ryan @marquisforkenai.com; maya_alajohnson @yahoo.com; mboyle @alaska.com; Carol Freas Subject: Yes on Resolution 2009 -68 Dear Mayor and Members of the Kenai City Council: I am a resident of Kenai writing in support of Resolution 2009 -68 "A Resolution Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission." Global Climate Change is a proven reality that we need to pay attention to. I support Kenai joining the Alaska Coastal Communities Global Climate Change Compact because it is the only intelligent thing to do. I attended the presentation regarding the Alaska Coastal Communities Global Climate Change Compact and was impressed by the comment that there will be winners and losers with regards to climate change. We should not only look to be leaders in understanding and responding to climate change in a responsible manner but also educate ourselves in how Alaska and the Kenai Peninsula in particular will be affected by climate change both positively and negatively. Kenai can benefit from networking with other Alaskan coastal communities. 1 -76- We are a community that is ocean dependent and oil dependent. By changing our thinking and habits, we can take action at the local level that will simultaneously protect our fisheries from the impacts of climate change, conserve our oil resources, develop our natural gas resources, create new businesses and jobs, and take necessary steps toward the renewable energy economy of the future. Conservation of coal and oil fuels as well as development of natural gas and wind energy potential are all part of that equation and can have positive impacts on our live styles and our communities, The oil companies are not going to leave Alaska or the Kenai because we demonstrate the intelligence to understand science and act in our own self interest. The oil companies know climate change is a reality even if they don't like to talk about it. Please don't dogged defend the past to the exclusion of the future. We can build on our energy economy by looking to and staying open and informed on all future options and potential; I guarantee you the oil companies will. The Kenai City Council did the right thing on Dec. 16 when it passed Resolution 2009 -68 and joined the 10 other mayors and communities who have signed on to the Alaska Coastal Communities Global Climate Change Compact. I hope the Council will reaffirm its decision when it reconsiders the resolution on Jan. 6. Sincerely, Peter Klauder Klauder Company Architects 606 Petersen Way Kenai Alaska 99611 klauder@alaska.net v:907- 283 -1919 (:907- 2830450 2 -77- Carol Freas From: Carol Freas Sent: Monday, December 28, 2009 1:14 PM To: 'Dennis W. Gifford ©tsocorp. com' Subject: Resolution No. 2009 -68 Attachments: ACouncillist.doc Mr. Gifford, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 1 -78- Carol Freas From: Corene Hall Sent: Monday, December 28, 2009 1:00 PM To: Carol Freas Subject: FW: Alaska Coastal Communities Global Climate Change Compact From: Rick Koch Sent: Monday, December 28, 2009 9:59 AM To: Corene Hall Subject: FW: Alaska Coastal Communities Global Climate Change Compact Rick R. Koch City Manager City of Kenai 210 Fidaigo Ave. Kenai, AK 99611 (907)283 -8222 (907)398 -0190 From: Patricia Porter [mailto:kenaimayorl0 @msn.com) Sent: Monday, December 28, 2009 8:59 AM To: Rick Koch Subject: FW: Alaska Coastal Communities Global Climate Change Compact From: Dennis.W.Gifford @tsocorp.com To: mboyle @alaska.com; bob @molloyforcouncil,com; hvsmalley @yahoo.com; ryan @marquisforkenai.com CC: barry_eldridge @yahoo.com; cpajoe @altrogco.com; kenaimayorl0 @msn.com Date: Sun, 27 Dec 2009 12:57:48 -0900 Subject: Alaska Coastal Communities Global Climate Change Compact Good day Council Members, I want to pass on my deep disappointment in your actions in signing on to become members of the coastal communities compact. I do hope that with the council's possibility to reconsider this action, that the council thinks long and hard what this will mean to our local area, your community. Between GHG, Cap and Trade the oil industry is reeling, I ask, if this shuts down oil development, refinery and gas development; where will we get the fuel for the airport, cars, fishing boats, heat for our homes? Yes we can ship it in, from other countries, but they don't even come close to ours in terms of regulations (EPA, OSHA, ADEC, Coast Guard; etc) so what did we save? More people, and the environment, will be at greater risk. If you think this is an overreaction please note the following As noted in the Homer News: Shavelson had ,spoken earlier about the impact of coat. i -79- "We have to have a serious discussion about mitigation. We really have to put the lid on coal and look seriously at oil and gas development." Shave /son said. This was taken from the Press Room from the Alaska Marine Conservation Council. In looking over the board of directors, I couldn't help but noticed most are connected to commercial fishing; are they planning on switching to sails? Are they really expecting the price of fuel to stay the same? If the answer is they will simply increase prices; who will be able to afford the higher prices? What do you think this will do for tourism? What do you think this will mean to any company considering opening a business in this area? None of these questions are rhetorical they all deserve answers. I would ask that you all show the leadership that we hoped for when we elected you all. Work with industry, or what is left of industry, so we don't lose what is remaining. History is replete with lessons of unintended consequences that arise when making radical changes; I would ask you to reconsider signing on to this ill conceived compact. In closing, I will do my civic part; I will not support anyone in any re- election campaign, that signs on to this compact. I will actively help any person running against them; with my wallet and in any discussion with friends, family, and co- workers. I will pursue the company I work for to reduce any donations to the community of Kenai (why should they support a community that no longer supports us Regards, Dennis Gifford email Dennis.W.Gifford(otsocorp.com 2 -80- Carol Freas To: Subject: Mr. and Mrs. North, PhD and Amanda RE: Alaska Coastal Communities Global Climate Change Compact Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: PhD and Amanda [mailto:panorth @alaska,net] Sent: Monday, December 28, 2009 6:10 PM To: Carol Freas Subject: Alaska Coastal Communities Global Climate Change Compact Dear City Council, I urge you vote in support of the Alaska Coastal Communities Global Climate Change Compact. In the past Kenai has been very good at maintaining economic security. Among other things climate change is an economic issue. Coastal communities are likely to incur great expense in defending infrastructure against even the slightest rise in sea level. Much of our coastal bluff is already eroding. Imagine if high tides (were higher and more of the tidal cycle was against the bluff and contributing to erosion. Current problems will be accelerated. The more we can change the course of climate change the more we are investing the in vitality of our city. You needn't worry about the oil companies, nor Kenai's relationship with them. The world's dependence on fossil fuels is not going to change soon. Cook Inlet fossil fuels are already in advanced decline. They are likely to be largely tapped out by the time the world is ready to wean itself of fossil fuels. In reality that will probably never happen. Our local economic benefit from the oil industry in not threatened by this compact. There are those who dismiss climate change as the imaginings of a naive society. You should file those people with the flat earthers. The preponderance of evidence supports the notion of climate change. It is time to quit discussing whether the climate is changing and start planning for how we will deal with it. Please support the Compact by adding Kenai as a member or subscribing community. Kenai needs to be part of the solution to this global problem. Phil and Amanda North 3810 Wildrose Avenue -81- Kenai, Alaska 99611 283 -2644 2 -82- Carol Freas To: Subject: Ms. Hays, Marjorie j Hays RE: Support for Resolution 2009 -68 Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 Original Message From: Marjorie j Hays Emailto:mjhays @alaska.net] Sent: Tuesday, December 29, 2009 8:07 AM To: Mayor Porter; Council Member Mike Boyle; Council Member Bob Molloy; Council Member Hal Smalley; Council Member Barry Eldridge; Council Member Joe Moore; Council Member Ryan Marquis; Student Rep. Maya Johnson; Carol Freas Subject: Support for Resolution 2009 -68 At this point in the extensive research concerning global warming, we are counting on our leaders to not remain passive about the erosion of our air, coastlines and water. We need long term goals in place to protect our community and short term goals for green opportunities that bring new jobs, education and a cleaner environment. Please support Kenai in joining the Alaska Coastal Communities Global Climate Change Compact. Thank you. Marge and Hugh Hays 1 -83- Carol Freas To: Subject: Mr. Athons, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: David Athons [mailto:dathons @alaska.net] Sent: Tuesday, December 29, 2009 11:06 AM To: Mayor Porter; Council Member Mike Boyle; Council Member Bob Molloy; Council Member Hal Smalley; Council Member Barry Eldridge; Council Member Joe Moore; Council Member Ryan Marquis; Student Rep. Maya Johnson Cc: Carol Freas Subject: Please vote Yes on Resolution 2009 -68 Mayor Porter and Kenai City Council: Sincerely, David Athons 36655 River Hills Kenai, AK 99611 David Athons RE: Please vote Yes on Resolution 2009 -68 T am a long time resident of the Kenai Peninsula and own a home located just outside the Kenai City Limits on River Hills. Please vote Yes on Resolution 2009 -68. Please take a leadership position joining other Peninsula communities along with the Kenai Peninsula Borough working to address long -tern sustainable solutions to energy development and climate change that includes both renewable along with non renewable resources. t -84- Carol Freas From: Carol Freas Sent: Tuesday, December 29, 2009 11:35 AM To: 'Heidi Chay Subject: RE: Yes on Resolution 2009 -68 Attachments: ACouncillist.doc Ms. Chay, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: Heidi Chay [mailto:heidichay@gmail.com] Sent: Tuesday, December 29, 2009 11:39 AM To Mayor Porter: Council Member Mike Boyle; Council Member Bob Molloy; Council Member Hal Smalley' Council Member Barry Eldridge; Council Member Joe Moore; Council Member Ryan Marquis; Student Rep. Maya Johnson Cc: Carol Freas Subject: Yes on Resolution 2009 -68 Dear Mayor and Members of the Kenai City Council: You won't be surprised that I am writing in support of Resolution 2009 -68 "A Resolution Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission." With all due respect to those who would argue against joining the Compact claiming there is "no scientific consensus on global warming," please remember that chemical companies paid "reputable scientists" to discredit Rachel Carson's research on the effects of DDT (eventually banned) and cigarette companies paid "reputable scientists" to cast doubt on the ever growing body of research demonstrating that smoking causes cancer. It is simply not reasonable to demand 1 scientific consensus before acting on issues of this importance. 96% is good enough With all due respect to those who would argue against joining the Compact claiming it would be a "snub against the oil and gas industry," we are all in this changing global climate together. We are all facing rising energy -85- costs associated with the inability of our fossil fuel resources to keep up with rising global population and demand. People who happen to work in oil and gas need climate change agreements and a new economy based on energy self reliance and renewables just as much as the rest of us. So do their children and grandchildren, I urge you to reaffirm your decision to pass Resolution 2009 -68 on Jan. 6. Sincerely, Heidi Chay Kenai 2 -86- Carol Freas To: Richard Ross Subject: RE: January 6th meeting- Coastal Communities Compact Attachments: ACouncillist.doc Mr, Ross, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: Richard Ross [mailto:rossrck @hotmail.com] Sent: Wednesday, December 30, 2009 1:15 PM To: Mayor Porter; Carol Freas; Rick Koch Subject: January 6th meeting- Coastal Communities Compact Happy New Year, I will not be able to attend the council meeting on the 6th. My position has not changed since my original written testimony. I would request that my written submittal be included with any other written testimony received for that meeting. Rick -87- Official Business Session: January May State Capitol, #427 Juneau, AK 99801 Phone: 907 465-2828 Fax. 907 -465 -4779 8127 January 4, 2010 Kenai City Council 210 Fidaigo Avenue Kenai, Alaska 99611 ALASKA STATE LEGISLATURE SENATOR THOMAS H. WAGONER Member, Senate Resources Committee Member, Ethics Committee Subject: Resolution on Costal Communities Compact Dear Kenai City Council Members: Interim: Mav December 145 Main Street Loop; Suite 226 Kenai, AK. 99611 Phone: 907- 283 -7996 Fax 907 -283- RECEIVED JAN 42010 KENAI CITY CLERK I apologize for not being able to attend your meeting on this topic in person. With your indulgence I am emailing this letter to represent my concerns and would like it submitted into your records. The amended resolution before you deals with a wider range of topics than should ever be addressed by resolution. These topics range from recommendations of the IPCC (Intergovernmental Panel on Climate Change) to renewable energy in Alaska; from ocean acidification to zero fuel renewable energy resources and on and on. If in fact all the items in resolution 2009 -63 are of importance then I would urge you to consider the City of Kenai, Tri- borough Commission and State of Alaska be the group to address these concerns at the D.C. level not the Alaska Costal Communities Global Climate Change Compact. Alan Parks stated in Kenai the evening of December 16th that he had spent two weeks in Washington, D.C. on behalf of the Alaska Marine Conservation Council. I ask you two questions: 1. What were the subjects discussed on your behalf prior to your body taking action on a resolution? 2. Are you fully aware of the Alaska Marine Conservation Councils stand on Oil Gas Drilling? -88- Attached is the Alaska Marine Conservation Council's position statement take from their web site. Regards, JL,A.Ae)/11,14 Senator Tom Wagoner cc: Kenai Peninsula Borough Assembly Members -89- Carol Freas From: Carol Freas Sent: Monday, January 04, 2010 8:27 AM To: 'mike' Subject: RE: Letter to the City Council regarding Alaska Coastal Communities Global Climate Change Compact Attachments: ACouncillist.doc Mr. Mendenhall, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From: mike [mailto:mykle07 @yahoo.com] Sent: Sunday, January 03, 2010 9:01 AM To: Carol Freas Subject: Letter to the City Council regarding Alaska Coastal Communities Global Climate Change Compact Mrs. Freas, please forward my letter to the members of the City Council. As a concerned citizen of Kenai 1 would like to express my opinion of the Alaska Coastal Communities Global Climate Change Compact, Thank you for your help. Mike Mendenhall 4700 Sockeye Circle Kenai AK. 99611 907 -335 -4030 Home 907- 398 -9978 Cell 1 -90- Mike Mendenhall 4700 Sockeye Circle Kenai Ak 99611 907- 335 -4030 To the elected officials of the Kenai City Council: I am writing to oppose the city of Kenai signing on as supporters of the Alaska Coastal Communities Global Climate Change Compact. My issue with the compact is related to the support for the policies stated within the compact itself, The compact states that all signed participants will support "At the national level, immediately enact climate legislation that will reduce greenhouse gas emissions to meet or exceed the goals recommended by the IPCC; e.g., 80 percent reduction from 2000 levels by 2050. "(na 2009) and "Utilize a significant portion of the proceeds from national cap- and -trade legislation, carbon tax, or other sources "(na 2009). Has the Kenai City Council concluded that a national cap and trade would be in the best interest of our community? Do our elected officials truly believe that by enacting a national cap and trade or carbon tax legislation that the prosperity of our citizens of Kenai will be increased? I wonder how much consideration the City Council has taken before signing such a document. While support of reducing global warming is vogue and seems like the right thing to do, I personally cannot fathom our council supporting IPCC goals or a national cap and trade. Without discussion of the cause of global warming, consideration must be given to the economic ramifications of IPCC goals and national cap and trade which you support. Regulations and taxes on American industry are at an all time high. Continued taxation and regulation will do nothing more than increase the cost of doing business within the US. The laws of Economics are that companies operate within margins of profitability. If the margins of profitability are negative then the company must go out of business or reduce costs to bring the company hack to profitability. By implication of IPCC goals and cap and trade, industry, including those within your city limits will be adversely affected, According to Charles Cooper's article Escaping The Tax hike: When Businesses Go Overseas Switzerland has seen an economic boom due to redomestication of corporations to Switzerland, "The reason? "Switzerland has a stable and developed tax regime and a network of tax treaties with most countries where we operate," Transocean Chief Executive Bob Long said in a statement in October, when it announced its move. As a result, the redomestication will improve our ability to maintain a competitive worldwide effective corporate tax rate." (Cooper 2009). According to the AFL -00O More than 3 million manufacturing jobs have disappeared since 1998, and the Economic Policy Institute estimates 59 percent —or 1.78 million —of these jobs have been lost due to the explosion in the U.S. manufacturing trade deficit over the period Forrester Research Inc. predicts U.S. employers will move 3.4 million white collar jobs and $136 billion in wages overseas by 2015. The outplacement firm Challenger, Gray and Christmas estimates the number of service sector jobs moving overseas each year will hit 588,000 by 2005. A University of -91- California at Berkeley report finds 14 million jobs are at risk of being sent offshore, and predicts job losses will exceed the Forrester study's projections, (na, 2009) The majority of these jobs are lost because American companies cannot compete within the global economy at the same cost margins. By implementation of IPCC goals, which you support by signing the pact, the cost of doing business in America and Alaska will be increased at a rate no one is capable of calculating at this time. I do not believe the Kenai City Council fully understands the costs that industry and private individuals will bear should the IPCC goals be implemented. In short implementation of IPCC goals will be devastating to the Alaska economy which relies on oil production. Secondly is the issue of the reduction of carbon emissions to 80% reduction of the year 2000 emissions. Has the City Council fully considered the ramifications of supporting such a radical goal? Suppose these goals are made law, how do you propose we as citizens achieve a reduction of our personal carbon emissions to the IPCC standards by the year 2050? Perhaps you thought industry alone would be affected but in reality industry only produces what the public demands. Will you drive your vehicle 80% less than you did in 2000? Will you heat your home 80% less than you did in 2000? Will you consume 80% less products than you did in 2000? Everything you consume, food fuel clothing automobiles etc, has to be manufactured for your consumption. In order to reduce carbon emissions the consumption of products has to be reduced. This again is the law of supply and demand. Your demand is not going to diminish. You will still want a car to drive, fuel for your home, clothes to wear, toys for your kids, computers, electronics, the list is unending. All of these items have to be manufactured and in doing so will create carbon emissions. Because there is a demand, there will be a supply. Unfortunately the supply will come from companies that have relocated to foreign countries that have already stated they will not abide by IPCC standards. All you are doing by supporting Alaska Coastal Communities Global Climate Change Compact is removing vital jobs from our area to foreign countries. Our area has already lost a major manufacturer in Agrium and with it a substantial source of income for area residents, But according to IPCC goals it's just the city of Kenai doing its part to reduce emissions. References Alaska Marine Conservation Council (2009) Alaska Coastal Communities Global Climate Change Compact. Retrieved 1/2/2010 from: http://www.akmarine.org/ pressroom /alaska- coastal- communitjes- globa l -cli mate- change compact/ AFL -CIO (2009) Exporting America: how many jobs have we lost how many jobs will be lost Retrieved 1/2/2010 from: http: /www.aflcio.org/ issues /jobseconomv /exportjngamerica /outsourcing problems.cfm Cooper, Charles M. (March 12, 2009) Americas Best Companies: Escaping the Tax Hikes: When Businesses Go Overseas retrieved 1/2/2010 from: http: /www.a mericasbestcompanies.com /Blog /b usiness- flight- from- usa.aspx -92- Carol Freas From: Carol Freas Sent: Monday, January 04, 2010 8:30 AM To: justinwbroyles ©gmaitcom' Subject: RE: Opposition to Climate Change Compact Attachments: ACouncillist.doc Mr. Mrs. Broyles, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is dosed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Frees, City Clerk City of Kenai 210 FideIgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From: Bob Molloy [mailto :bob @molloyforcouncil.com] Sent: Sunday, January 03, 2010 2:30 PM To: Carol Freas Subject: Fwd: Opposition to Climate Change Compact Begin forwarded message: From: Bob Molloy <bob @molloyforcouncil.com> Date: January 3, 2010 2:28:22 PM AST To: Justin Broyles <justinwbroyles @gmail.com> Subject: Re: Opposition to Climate Change Compact Dear Mr. Mrs. Broyles: Thank you for your comments, and for taking the time to send them to me. The attached filee is a copy of the amended resolution. no. 2009 -68, for your information and review. Bob Molloy t -93- ATT33543.txt On Jan 3, 2010, at 12:50 PM, Justin Broyles wrote: January 3, 2010 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 Elected members of the Kenai City Council; We are writing in staunch opposition to the recent vote of the council in favor of the Alaska marine Conservation Council's "Alaska Coastal Communities Global Climate Change Compact." On the surface, this seemingly benign vote has deeper implications than meets the eye. Yes! As citizens of this world, we would like to leave our planet better than we found it. However, at what cost are we willing to save our planet? In our opinion the cost far exceeds the benefits of the City of Kenai supporting this legislation. Supporting legislation such as this is doing more harm to our communities than good. It will force businesses to close and cause thousands of Alaskans to lose their jobs. This Compact seeks to recognize Global Climate Change and Ocean Acidification, and also to enact legislation at the national, state, and local level that will halt further "destruction" of our coastal waters. The compact also seeks to encourage utilization of more renewable resources. In truth, the goals of this Compact are impossible to obtain given the constraints posed within its framework. Additionally, the proposed cap and Trade legislation will decimate any manufacturer of any goods within the borders of this country of particular interest, the Tesoro Refinery in North Kenai will be adversely affected and may be forced to cease operations. Tesoro offers thousands of employment opportunities to residents of the Kenai Peninsula through both company and contract employment. In short, Council members need to start listening to residents of the City of Kenai; the same constituents who elected them into office. If the members of the Kenai City Council do not retract their vote on this matter, we will not support these members in any further election. In fact, we will do everything in our power to keep them from ever being elected to public office again. Sincerely, Justin Randi Marie Broyles 222 Susieana Lane Kenai, AK 99611 (907) 395 -4061 Climate compact.doc> Page 1 -94- Carol Freas From: Carol Freas Sent: Monday, January 04, 2010 8 :36 AM To: 'Bryon.J.Coleman ©tsocorp.com' Subject: RE: Alaska Coastal Communities Global Climate Change Compact Attachments: ACouncillist.doc Mr. Coleman, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emaiis, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From: Bob Molloy [mailto:bob@a molloyforcouncil.com] Sent: Sunday, January 03, 2010 2:34 PM To: Carol Freas Subject: Fyrl: Alask„ Coastal Communities Global Climate Change Compact Hi Carol Corey: I can't open ".docx Can yopu save this as a ".dco" file and email it to me? Thanks Bob Begin forwarded message: 1 -95- From: "Coleman, Bryon J" <Bryon.J.Coleman @tsocorp.com> Date: January 3, 2010 9:04:30 AM AST To: "'mboyle@,alaska.com"' <mboyle@alaska.com "'boba,molloyforcouncil.com <bob @molloyforcouncil.com "'hvsmalley @yahoo.com'" <hvsmalley @yahoo.com "'ryan @marquisforkenai.com <ryan@marquisforkenai.com "'barry_eldridge @yahoo.com' <barry_eldridge @yahoo.com "'cpajoe @altrogco.com"' <epajoe @altrogco.com "'kenaimayorl0 @msn <kenaimayorl0 @msn.com> Cc: "Canady, Randy L." <Randale.L.Canady @tsocorp.com "McGahan, Jackie L." <Jackie.L.McGahan@tsocorp.com "Gifford, Dennis W." <Dennis.W.Gifford @tsocorp.com 'Ken Coleman' <Kcoleman @akteamsters.com 'Vicki Coleman' <vcoleman @wcbalaska.com "Fisher, Bruce E." <Bruce.E.Fisher @tsocorp.com> Subject: Alaska Coastal Communities Global Climate Change Compact 2 -96- To the City of Kenai's elected committee in supporting Alaska coastal community global climate change compact. I am embarrassed and ashamed that you would even consider or develop a compact that would support the utilization of proceeds from cap and trade. I am all in favor of working towards a better environment for our community. As an employee of Tesoro along with 200+ community supporters, this is part of OUR job. We safely meet our EPA standards and continue to improve our environmental impact. We are not the City of Homer, Seward, Petersburg, Dillingham, or Gustavus. We are the city of Kenai with the great Kenai River and Cook Inlet fishing, panoramic view of Volcanoes, Mountains, and hundreds of thousands of dollars donated by Tesoro Alaska Company to our children's future and education. With the signature from you in supporting such a disaster for the City of Kenai, I will not be supporting you in the future. I will park my vehicle on my lawn while I am out of town for work to support my family. "Village with a past City with no future" if you support this compact. Bryon Coleman Life long Kenai resident -97- Carol Freas From: Carol Freas Sent: Monday, January 04, 2010 8:44 AM To: 'chris_gene @hotmail.com' Subject: RE: Upcoming vote Mr. Roofe, Thank you for your comments. Resolution No, 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is dosed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: Bob Molloy [mailto :bob ©molloyforcouncil.com] Sent: Monday, January 04, 2010 7:32 AM To: Carol Freas Subject: Fwd: Upcoming vote Begin forwarded message: Dear Elected Officials of th e city of Kenai, From: Chris roofe <chris_gene @hotmail.com> Date: January 3, 2010 4:04:02 PM AST To: <mboyle @alaska.com <bob @molloyforcouncil.com <hvsmalley @yahoo.com <ryan@marquisforkenaLcom <barry__eldridge @yahoo.com <cpajoervaltrogco.com <kenaimayorl0 @msn.com <chris_gene @hotmail.com mom and dad roofe <roofe @alaska.net> Subject: Upcoming vote I am writing this letter in the hopes that I may voice my opinion and sway you on your upcoming vote regarding the Alaska Coastal Communities Global Climate Change Compact. As a lifelong Alaskan resident of an Alaskan Coastal Community, I believe that the immediate and long-term effects of ocean acidification and global warming will affect myself as much as anyone. Only ignorant or ill- informed people can-not admit there could be a growing catastrophic problem 1 -98- concerning carbon emissions and ground /water pollution in this world today. It is my belief that those people who do acknowledge and admit to scientifically proven research indicating an accelerated increase in greenhouse gasses and ocean acidification have a. desire to reduce /prevent these environmental changes as much as reasonably possible. Although I agree with many of the policies expressed by the fore mentioned compact, there is one policy in which I would like to address Policy #4 expresses support to use a significant portion of the proceeds from National Cap-And-Trade legislation, carbon tax to fund initiatives in Alaska that will no doubt help reduce our local environmental impact. When funds become available, I agree that we should "invest in the environment However, I feel that the method in which these funds are to be acquired is also a very important issue, and one that must not be forgotten! Proposed National Cap -And -Trade legislation will ultimately have disastrous effects on our, and all coastal communities. By supporting this compact, you (we, by your election to office) will be supporting the very dangerous and deceptive National Cap -And -Trade legislation. This proposed legislation will cause an unfair and enormous cost to the National refining industry. Due to the increase in operating costs, the refining capacity of the Nation will be drastically reduced because many of the small to medium sized refineries will be forced to close in the United States, (including our local Tesoro refinery). As a result of the loss of Refining capabilities within the United States, importation of refined hydrocarbons will increase. What will this mean for us? Effects of this increased importation as a result of U.S. refinery closures will he an immediate loss of jobs and valuable income generated by taxing this industry (specifically here locally). Economically, this would be difficult for our country and borough and especially at this time in our history. Although, I do not think economic hardship will be the most potent hardship we will inevitably face as a result of Cap -and Trade legislation. U.S. refineries by the standard of worldwide refineries are extremely, efficient and environmentally conscious. By decreasing U.S production, we will be increasing worldwide production from facilities that do not have the strict environmental standards of which are currently placed upon U.S facilities. Basically, we will be polluting less in America, but much, much, more overseas! In time, our oceans and Climate will suffer the consequences of this enormous possible blunder. Because I completely disagree with National wui disagree wuu wacw11a1 cap-and-trade legislation, '1 can-not Compel mySelI to agree with the support of a compact in which would openly accept funds generated by such poor and near sighted legislation. As a registered voter residing within the Kenai city limits, I strongly urge you to vote "no" in signing this compact. Christopher Gene Roofe Your E mail and More On the -Go. Get Windows Live Hotmail Free. Sign up now. 2 -99- Carol Freas From: Carol Frees Sent: Monday, January 04, 2010 8:46 AM To: 'cdakcfj @yahoo.com' Subject: Resolution No. 2009 68 Mr, Jones, Thank you for your comments. Resolution Na. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken, A copy of your comments will be forwarded to the council members. would also encourage you to contact them individually. A copy of their contact Information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From: Bob Molloy [mailto :bob ©molloyforcouncil.com] Sent: Monday, January 04, 2010 7:40 AM To: Carol Freas Subject: Fwd: Begin forwarded message: From: Charles Jones <cdakcfj @yahoo.corn> Date: January 4, 2010 6:19:15 AM AST To: mboyle @alaska.com, bob @molloyforcouncil.com, hvsmalley @yahoo.com, ryan @marquisforkenai.com, barry_eldridge @yahoo.com, cpajoe @altrogco.com, kenaimayor10@msn.com Dear once esteemed council members, First 1 consider myself an extreme environmentalist. 1 live off the produce of the land, sea and air. I want my children to be able to continue to do the same. I drink unfiltered ground water. A large part of my job is to monitor, report and lessen the environmental impact of my work place. Second I am politically active. I have attended, spoke and monitored council and other meetings. I vote. I have taken my children to meetings to teach them how our government -100- works. I am extremely concerned by our local council's decision to voyage into a polarized, political, national debate. I do not believe this support you are committing our community to is representative of the majority of your constituents. I question your motives and intelligence of this support. If you feel a need to lessen the environmental impact to our community then do something, not sign something. Close the airport, boat ramps, gas stations, stop allowing large parcels of land to be developed and add extreme taxes to local industry and then use the revenue to buy land and restore it to its natural undeveloped. state. Signing a piece of paper does nothing but kill trees, you want to save the planet, then do something not sign something. Please rescind your support or lose mine. Charlie Jones taxpayer Carol Freas From. Carol Freas Sent: Monday, January 04, 2010 8:47 AM To: 'canadyl @acsaiaska.net' Subject: RE: Alaska Coastal Communities Global Climate Change Compact Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 7535., extension 231 Fax: (907) 283-5068 From: Bob Molloy mailto:bob ©molloyforcounciLcom] Sent: Monday, January 04, 2010 7:40 AM To: Carol Freas Subject: Fwd: Alaska Coastal Communities Gbbal Climate Change Compact Begin forwarded message: From: 'Randy Canady" <canadyl @acsalaska.net> Date: January 4, 20105:56:26 AM AST To: <mboyle @alaska.com <bob@molloyforcouncil.com <hvsmalley yahoo.com <ryan@niarquisforkenai.com <barry_eldridge@yahoo.com "Joe Moore" <cpajoe@altrogco.com "Patricia Porter" <kenaimayorl0 @msn.com> Cc: <psprague @acsalaska.net> Subject: Alaska Coastal Communities Global Climate Change Compact 1 -102- Dear Kenai City Council Members, This letter is to express my opinion and disappointment in our Kenai City Council for their recent support of the "Alaska Coastal Communities Global Climate Change Compact Being a thirty plus year resident of the City of Kenai and employed in our local commercial fisheries and the oil and gas industry, i have seen many changes over the years in our community. The fishery has under gone many changes and challenges these past thirty years, seeing their profits squeezed from higher fuel costs, low prices for their catch fighting foreign competition, loosing allocation of the fishery to an ever expanding and unlimited new user group. Each summer more and more fisherman are giving up on our fishery. Others hang on for the sheer love of their lifestyle. Our oil and gas industry has also seen many changes. Back when the Cook Inlet region was at its maximum local produced oil was in excess of 220,000 barrels per day. Now a day's worth of oil production is below 20,000 barrels per day. While local oil field struggle to maintain viability we are starting to see platforms disappear from our skyline. Our oil producer's income is a mere shadow of what it once was. Natural gas locally maintains a fair market share, and able to stay profitable at least seasonally. With the reduction in affordable and abundant natural gas as I'm sure your aware we lost Agrium, our local fertilizer manufacture, B.P. gas to liquids plant is shutting down, and the Conoco Phillips LNG plant which is scheduled to shut down after 2011, just more oil and gas industry casualties that will no longer be doing business here. This is just a quick snap shot look of two of our historical industries. 2 -103- My point being is, Kenai, our city, our borough, has been blessed with vast amount of local natural resources. These resources have brought millions upon millions of dollars, and thousands of good paying jobs over the years into our community. Resources have driven growth, which has in turn made Kenai the City we all love. We need industry here to support the community, and the community to support industry. We need to thank past resource driven industries for making Kenai a place where other company's want to do business. We currently have a good retail base in Kenai to help offset taxes and provide services for our citizens. But to shop at these places of retail, people need jobs. This new "Alaska Coastal Communities Global Climate Change Compact" just doesn't make sense for our community. Anything that creates higher industry taxes or burdens based solely on falsified "scientific" research. We need to establish an industry friendly environment that encourages other Oil Gas development. Try to do whatever we can to help industry, or rather, what's left of our industry. We need to offer incentives for them to stay and keep investing locally, not kick them while they are down, margins are tight, some local Oil Gas business are on the verge of going out of business. Please don't put the knife to one of our last remaining golden goose while she is still laying yet a few eggs. Randy Canady 1527 Toyon Way Kenai Alaska 996 1 3 -104- Carol Freas From: Carol Freas Sent: Monday, January 04, 2010 8:35 AM To: 'David.A.Lee ©tsocorp.com' Subject: RE: Alaska Coastal Communities Global Climate Change Compact legislation Vote NO! Attachments: ACouncillist.doc Mr. Lee, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535 extension 231 Fax: (907) 283 -5068 From: Bob Molloy [mailto :bob @mol!oyforcouncil.com] Sent: Sunday, January 03, 2010 2:31 PM To: Carol Freas Subject: Fwd: Alacka Coastal rnmmunities t= lohal. Climate Change Compact Iegiclation Vote Nn! Begin forwarded message: From: "Lee, Dave A." <David.A.Lee @tsocorp.com> Date: January 3 201 12:20:29 PM AST To: "'mboyle @alaska.core <mboyle @alaska.com "'mboyle @alaska.com <mboyle @alaska.com '"bob@molloyforcouncil.com"' <bob molloyforcouncil.com "'bob@molloyforcouncil.eom <bob @molloyforcouncil.com "'hvsmalley @yahoo.com <hvsmalley @yahoo.com "'hvsmalley @yahoo.com <hvsmalley @yahoo.com "ryan@rnarquisforkenai.com"' <ryan@marquisforkenai.com "'barry_eldridge yahoo.com <barry_eldridge yahoo.corn "cpajoe @altrogco.com"' <Cpajoe@altTogco.com "'kenaimayorl061msn.com"' <kenaimayorl0@msn.com> Subject: Alaska Coastal Communities Global Climate Change Compact legislation Vote NO! To the Kenai. City Council, 1 -105- ATT33536.txt The same agency that is today promoting carbon credits and cap and trade, recommended melting the Polar Ice Cap by dusting it with soot a mere 30 years ago! what is the Kenai City Council Thinking by supporting these measures? what are you doing to support tomorrow when the climate turns back the other way, as it has done many times in the past history of this planet; without the help of the human race and our carbon footprint I might add! When the remaining jobs in the united States (including the Kenai Peninsula) are moved overseas you can all pat yourselves on each other's backs and congratulate each other for a job well done. you all should be tackling more important issues, such as people parking on their lawns... Now that is time and tax dollars well spent NOT! To those on the council that have or are going to vote against the cap and trade and the Alaska coastal communities Global Climate Change Compact legislation you have my support and admiration. I will support you in the future with all my abilities. Those that vote for the legislation I will do all I personally can to have you removed from the council. Unless of course you lead by example and immediately eliminate all of your own carbon footprint. Start with shutting off the Nat Gas valve to your Boilers and no more filling up your vehicles with the fuel that I proudly help to manufacture. see you at the Polls! David Lee 345 Dolchok Ln. Kenai P.O. BOX 1822 Kenai, Alaska USA, 99611 Page 1 -106- ATT33534.txt once again, only in reverse order this time. In 1975 the National Academy of Sciences was upset with the Governments of the World for not addressing the issue of Page 1 -107- -108- Carol Freas From: Carol Freas Sent: Monday, January 04, 2010 11:15 AM To: 'jimhtapley @hotmail.com' Subject: RE: Resolution 2009 -68 Mr. Tapley, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Frees, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From: Bob Molloy [mailto :bob @molloyforcouncil.com] Sent: Monday, January 04, 2010 11:15 AM To: Carol Freas Subject: Fwd: Resolution 2009 -68 Begin forwarded message: From: jim tapley <jimhtapley @hotmail.com> Date: January 4, 2010 11:09:17 AM AST To: <mboyle @alaska.com <bob @moiloyforcouncil.com <hvsnlalley@yahoo.com>, <ryan @marquisforkenai.com <barry_eldridge @yahoo.com <cpajoe @altrogco.com <kenaimayor 10 @msn. com> Subject: Resolution 2009 -68 Good morning Kenai City council members: I'm writing to express my surprise and disappointment at the city council's decision to join the Alaska Coastal Communities Global Climate Change Compact. Most of the people in this community benefit directly or indirectly from the oil and gas industry. I feel that your voting to 1 -110- join the ACGCCC was an attack on the oil and gas industry and a slap in face to the community that you were elected to represent. I hope you reconsider your stand against the industry and make no mistake; this is a stand against the industry. Most of the other communities that have joined this compact do not have oil, gas or orher resource development to lose. Oil and gas companies are not nonprofit organizations. If we tax and penalize them enough, they will pull out. This would mean we have to ship our crude to foreign refiners and buy our fuels back from them, but since most of them have far fewer laws and regs governing safety and environmental protection, the same amount of fuel consumed in America means more pollution on the planet and more people at risk. How would this benefit us "globally" or locally? I've previously not been what I would consider a politically active member of my community, but that is about to change. Come election time, I will support those who run against any and all council members voting for this resolution with my money and my time. I've got a little money and plenty of time and. I could use a hobby. But seriously, if you intend to vote "yes" again, I would like an explanation, in your own words, not just a cut and paste copy of the resolution. I've read it and I whole heartedly disagree with it, as do many of my friends and colleagues. Sincerely, Jim Tapley 1206 Portside dr. Kenai, Ak 99611 283 -5627 Hotmail: Trusted email with powerful SPAM protection. Sign up now. Your E -mail and More On- the -Go. Get Windows Live Hotmail Free. Sign up now. 2 Carol Freas From: Carol Freas Sent: Monday, January 04, 2010 1 :34 PM To: alaskabushrunners©yahoo.com' Subject: RE: Alaska Coastal Communities Global Climate Change Compact Mr. Blume, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting, Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new .supporting testimony or written material, i.e, emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Frees, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 Begin forwarded message: From: Bob Molloy [mailto :bob @molloyforcouncil.com] Sent: Monday, January 04, 2010 1:31 PM To: Carol Freas Subject: Fwd: Alaska Coastal Communities Global Climate Change Compact From: Dustin Blume <alaskabushrunners @yahoo.com> Date: January 4, 2010 11:58:52 AM AST To: bob@molloyforcouncil.com, ryan @marqui €orkenai.com Subject: Fw: Alaska Coastal Communities Global Climate Change Compact Forwarded Message From: Dustin Blume <alaskabushrunnersi @yahoo.com> To: mboyle cr alaska.com Sent: Mon, January 4, 2010 11:58:04 AM Subject: Alaska Coastal Communities Global Climate Change Compact -112- To the Kenai city council and others that might be in favor of supporting the Alaska Coastal Communities Global Climate Change Compact (Alaska Marine Conservation Council). 1 don't believe signing the compact will in any way shape or forth change anything, it may give you a feeling that you are doing your part when in fact you should look at the choices you make every day in life. If you really think we need change! What have you done today that would support you are doing your part already? Take a short shower, tum off all the lights in the house or may the best thing you could do as a city Council member is make changes in Kenai that would help the need for change if you believe we need change. Have you done anything to help change in Kenai as a member, because if you haven't then you do not believe we need change and when you vote to support The Alaska Coastal Communities Global Climate Change Compact, (Alaska Marine Conservation Council). you are take a huge chance of not being reelected back on the council. Then how much will you be able to help change if you're not on the council. I will with all the resources' available do my part to make sure you as a supporter of this Compact will not be reelected. If you really care or think we need change you would have already been doing your part, not just joining things and using signature to do your part. Thanks to those that are voting against this Compact!! Dustin and Tammy Blume Kenai. AK 99611 14'a tom ?xi k 4thrwat. 001) December 19, 2009 American Thinker Global Warming and the 'Settled Science Baloney By CaSe Sat/draft If you've misspent your youth conducting experiments, taking graduate courses in physics and chemistry, and learning about thermodyna.mics, molecular spectroscopy., fluid mechanics, modeling data and publishing scientific, papers, then the current debate over anthropogenic global. warming can. make you hurI. iNhile 1 won't fault journalists and politicians for their stupendous ignorance when discussing most scientific subjects, I will condemn their utter lack of coherence concerning, basic scientific definitions, processes, and principles. Specifically, the chattering classes have no appreciation of the following truisms: settled science comes only in the form of physical laws, while the causes behind specific phenomena are Sometimes never definitively settled. And the more complex the system being observed, the longer it takes to reach a consensus about the causal mechanisms. Even Al Ciore Ca32 probably remember bein.g introduced to Newton's 2" Law of Motion in high school: Fedna. This is usually our first introduction to settled science. That's why it's called. a law of physics. It didn't matter that Einstein generalized its form lathe theory of relativity or that in the 1920's it had it be replaced with new mechanics valid at the at maiti scale, At velocities small compared to the speed of light and for macroscopic objects. Frema is settled science. Despite Al Gores foolish protestations, there is no law of global warming 'To the extent that global warming exists at all, it's a complicated phenomenon with multiple inputs (iturna.n and natural), and its causes are speculated upon but hardly known. Global warming is unsettled science, and honest investigators use settled laws of physics along with moclels to try to unravel. its origins and implications. Indeed, most big scientific questions are unsettled, from galaxy formation to the origins Of the moon. Closer to home, e'en 150 years after th.e first commercial extraction of oil in western Pennsylvania, the mechanism of hydrocarbon formation is still a hotly contested issue. While most petroleum geologists believe that oil and natural gas resulted from the slow anaerobic decorapcisition of biom.ass over eons, many others- believe that hydrocarbons are an abiotie product cif simple chemical reactions in the deep earth crust. The relative numbers of scientists in the two ca.mns do not speak to which explanation is correct. Scientific truth is not decided by polls. Only new experiments, shared, reproducible data, and careful modeling can ultimately lead to consensus. But here; at least, the basic facts are uncorrupted and not in dispute: thetre are on and gas in the ground. -114- To appreciate how unsettled global warming science really is, the book Clhstoppable Global Warming; Every 1,500 Years, by S. Fred Singer and. Dennis 'T. A.very, serves as an indispensable and relentless handbook. Published M 2007 and stuffed with over five hundred references, it shatters almost every common global warming myth. The authors begin by pointing out eight: specific "failures of the greenhouse theory," and then they bludgeon global warming true believers on almost every page. For Singer and. Avery, exhaustive review of the scientific literature leads to the conclusion that global warming is natural and. d. 'n effect of iarrsi tit do with the What these books remind us the i,.'700 -yeas solar Dansgaard Oeschger super -cyc t Global Wcurrur' is is convirnceus that man. and CO2 peratuz e changes vex' through. human history. bal w mperatures (for extraneous reasons) cause 002 to outgas iron: istn art the atmosphere. And there's notch, much more de— unk.it'ig dense and more easygoii Ciwifusion is commendable late physics. The compiexit the co idea at settl.,c science, ,Spencer shows that water ✓E atmospheric hea?,t ex :c;hange and temperature ehan role. es tr st u>ce ant enocaih to rna.l` or and. precipitation are the re with man -made 002 playing The cumulative ave little or nothing' vex' fire phrase "settled science" enters a. lnchc., especially when complicated in pl.mel :ary' effect are volved, an instinctive shudder should through our ne r Vous System. Almost st al s en 3t loaded phrase ma ilk an. att'L,m premature conclusions and end all further argument. Those who want the science settled flash are those who will benefit nio:st once the science is settled. Either that, or they have something to hide OF protect, Settled science is dangerous science. Gallia had to ieearr geocen in Newsweek sweek w better do someth cone to mind: "Sur nyth can't make up their minds. With the tea.ndar rental sctentifie ground acs sltaw y in support of auth rupon) why does the theory cumin, to g"a!'r1G',r exaggeratc4l.support? In general., the movement can be grouped neatly inter several. powerful and. well-defined blocs. Mostly liberal. p; liticianta a ant. access to tnniittnited taw r evernues; do' scientists and pse scientists, global warming victory is a path to pa est.i grid grants for large corporations, billion dollar market (pioneered by Enron) for Trading in carbon credits; for the hard left, new path. to dictatorial. power and control; for venture c rpiralists like^, ak,leine Perkins and green startups art the public, trough, its a path to alternative- enerl.gy- funding' bona.rnzas,; for the radical greens„ its equivalent to the unquestioned adherence to a religious caith. vyith analogs to God (the priests (A1 Gore), indulgences (carbon offsets), guilt (western affluence) and penance (conservation). lltrt none of these things economic vibrancy, f- ,ee, itoaid be settled fact.. be. reached at Dwarfs jft, death for as en g with Copt= ettled science ici Ifs :33..Just 34 ye -115- n .9 e wor rro air starve d. will. end i 'fire! 1 cus and arguing against ars ag .settl science was rnani£"est g irate its Latest ace age, and fare lead t i r °oats immortal lines from 1{)20 icy in tee." Apparently, still others gl obal warm .pending our entire inn nncrai. syst rn tar tos'sin ou hat s overnment,. That Carol Freas From: Sent: To: Subject: Attachments: Mr. Jackman Thank. you for your comments. Resolution No. 2009 -6 meeting. Because the resolution is being reconsidered, vote on becoming a signatory to the Compact was taken. "E resolution is subject to debate and amendment, and. due to i.he no new supporting testimony or written material, le emails, letters, s A copy of your comments will be forwarded to the council members. I would also encourage you to contact there individually. A copy of their contact information is attached., If you have any questions, please contact Carol L Freas, City Clerk City of Kenai 2.10 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From: Bob Molloy [mailto :bob @molloyforcouncil.com] Sent: Tuesday, January 05, 2010 11:57 AM To: Carol Freas Subject: Fwd: AK Coastal Communities Global Climate Change Compact Do Not Support Begin forwarded message: Carol Freas Tuesday, January 05 2010 11:55 AM bj ackma n ©a la ska. com' AK Coastal Communities Global Climate Change Compact Do Not Support ACouncillist.doc Esteemed City Council Members: From: bjackman@alaska.com Date: January 5, 2010 11:25:40 AM AST To: kenaimayorl0@a msn.com, mboyle@alaska.com, bob@molloyforcouncil.com, hvsmalley@ yahoo.com, barry_eldridger yahoo.com, cpajoe c��altrogco.com, cyan cr marquisforkenai.com Cc: bjackmanaalaska.com Subject: AK Coastal Communities Global Climate Change Compact Do Not Support Please reconsider you support for the Alaska Coastal Communities Global Climate Change Compact. This seemingly innocuous document is nothing more than a "wolf in sheep's clothing" The underlying message in this document is to support Cap and Trade legislation. -116- Icon idered at the J anuary 6, 2010 council ns to the body at the place j ust prior to when the neans the public hearing is closed and the piace from where the resolution issue will begin, should be taken. s Regardless of how many caveats you write into your resolutions detailing your commitment to the oil and gas industries, it will not matter. All that the Cap and Trade supporters need are resolutions of support, regardless of content. Please open your eyes to real message brought forth through this type of document. Steer clear of anything that could jeopardize the oil and gas industry. This industry is the heart and soul of Alaska's economy and the Kenai Peninsula is its birthplace. Alaska is the most environmentally conscience, most regulated and most expensive place on earth to develop natural resources. Our local industrial base has suffered tremendously due to a lack of oil and gas development. Hundreds of our highest paying jobs have been lost in the past five years. Our local tax base has been reduced by hundreds of millions of dollars as our facilities close. Why now is our local government spending time and resources supporting resolutions that will further this trend? Please look beyond the innocent facade of the Alaska Coastal Communities Global Climate Change Compact and do not be tempted by vague promises of the redistributed tax dollars to our local governments. We cannot afford it. Bruce Jackman biackman giAlaska_corn Kenai 2 -117- Carol Freas From: Carol Freas Sent: Wednesday, January 06, 2010 12:58 PM To: 'Kevin and Robin Dix' Subject: RE: Opposition to the Alaska Coastal Communities Global Climate Change Compact. Mr, Dix, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becomi a signatory to the Compact was taken. This means the public hearing is dosed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc, should be taken. A copy of your comments will be forwarded to the council members, I would also encourage you to contact them individually. A copy of their contact information is attached. if you have any questions, please contac Carol L. Frees, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From: Kevin and Robin Dix mailto :kevinandrobin @acsalaska.net] Sent: Tuesday, January 05, 2010 7:50 PM To: Carol Frees Subject: Opposition to the Alaska Coastal Communities Global Climate Change Compact. Kenai City Council, I am writing this to express my opposition to the Alaska Coastal Communities Global Climate Change Compact. My opposition is based primarily on the fact that this compact clearly is an endorsement of the proposed Cap and Trade legislation. Cap and trade is a tax on the oil and gas industry which penalizes domestic manufacturers. American manufacturers operate under the most stringent safety and environmental regulations in the world. If you penalize American industry, you will shift these jobs to countries with much lower standards. This will not help the environment or Alaska coastal communities. As a city, a state, and a nation, we certainly have some important issues which need to be addressed. We will all probably need to make some sacrifices for any significant progress to be realized. But unfairly taxing domestic industry is riot the answer. It will cripple our abilty to make any real change. Thank you for considering my comments. Kevin Dix 1 -118- g Carol Freas From: Carol Freas Sent: Wednesday, January 06, 2010 1:05 PM To: "Robert. A. ROSS @tsocorp.com' Subject: RE: Alaska Coastal Communities Global Climate Change Compact Mr. Ross, Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. mails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. 1 would also encourage you to contact them individually, A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Frees, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From: Bob Molloy [mailto :bob @molloyforcouncil.com] Sent: Wednesday, January 06, 2010 8:18 AM To: Carol Freas Subject: Fwd: Alaska Coastal Communities Global Climate Change Compact Begin forwarded message: From: "Ross, Robert A. <Robert,A.Ross @tsocorp.com> Date: January 5, 2010 1:13:36 PM AST To: "'kenaimayorl0 @msn.com <kenaimayorl0@Insn.com "'mboyle @.alaska.com <mboyle @alaska.com "'bob @molloyforcouncil.com <bob @molloyforcouncil.com "'hvsmalley @yahoo.com <hvsmalley @yahoo.com "'barry_eldridge @yahoo.com"' <barry_eldridge @yahoo.com "'cpajoe @altrogco.com"' <cpajoe @altrogco.com "'ryan@marquisforkenai.com"' <ryan@marquisforkenai.com> Subject: Alaska Coastal Communities Global Climate Change Compact Kenai City Council Members,, J -119 I've read both the Coastal Communities Compact and the City of .Kenai's Resolution 2009-68 and have the following observations and comments: 'Kenai's piggy-back: Resolution. will be a footnote in the larger effort of using the approved Compact ro affect Change. So, 1 really don't think the Resolution carries mu.ch. water. 2. The Compact itself really does nothing more than support the I.PCC's recommendations of greenhouse gas reduction over the next several years. Where will this impact Alaska the most?...Energ,y. And energy touches everything. I. don't trust th.i.s Compact and see it as another way to gain support from. locally:- elected officials to sign something that will do nothing more substantive than give support to the nationally-elected lawmakers who want to put burdensome taxes on the Energy Sector. This k evident to me in the following statement from the Compact: a "We hereby express support for the following policies, actions and initiatives:" "4. Utilize a significant: portion of the proceeds from national cap-and-trade legislation, carbon tax, or other sources to fund initiatives in Alaska that will:" 4. No Compact will gain favor unless it "does something for me." in this case, it gives a tongue-in-cheek promise of new revenues to local communities. This new revenue stream will come at a cost---both to the consumer and to industry. Until you as elected officials understa,nd this cost, 1 think it premature for you to sign on to take advantage of this "new revenue stream." 5. 2 -120- The Compact states in Statement 45 support for IPCC Recommendations. What, specifically, are these Recommendations? lia.ve any of you read the most-recent 1..PCC Climate Change Report 2007 (AR4)? 6. Who authored this Compact? Do you know their names, professions, backgrounds, motives? If you sign your name to it, you might as well. have authored it. The City of K.enai's Resolution will not get the press you might think. it will when this Compact is held up by nationally-elected Legislators as support for Ind.ustry-damagin.g legislation. 7. Mdu.stry damaged in. the United States will result in an increase in Greenhouse Gas emissions as imports (energy and. goods) increase. Since the US already has significant environmental protections, any loss of industry here will result in growth in parts of the world that don't have the same protections. The result will he a negative impact on the global environmental state. We could actually make things worse. 8. 1 suggest that you do not sign the Compact. if you. really believe that the City of Kenai's ReSolutio.n. in support of the Compact is valid., let it stand on its own.; in that way, you will. own. the language and know its meaning and intent...since you wrote it. The Compact that you are considering will not benefit and can only damage our local and state economies, Please give the points above consideration as you debate this issue. Regards, Robert Ross Skyline Dr., K-Beach 3 -121- robelizabeth(a?,hotmai Lcom d -122- Carol Freas From. Carol Freas Sent: Wednesday, January 06, 2010 1:07 PM To: 'Melissa.D.Crezee ©tsocorp.corn Subject: RE: No to Compact!! Ms. Crezee Thank you for your comments. Resolution No. 2009 -68 will be reconsidered at the January 6, 2010 council meeting. ,Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becorning a signatory to the Compact was taken. This means the public hearing is dosed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e, emails, letters, articles, etc. should be taken. A copy of your comments will be forwarded to the council members. I would also encourage you to contact them individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Frees, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: Bob Molloy [mailto :bob ©molloyforcouncil.com] Sent: Wednesday, January 06, 2010 8:18 AM To: Carol Freas Subject: Fwd: No to Compact!! Begin forwarded message: From: Crezee, Melissa D." <Melissa.D.Crezee @tsocorp.com> Date: January 5, 2010 4:59:17 PM AST To: jblankenship @borough.kenai.ak.usi" jblankenship @borough.kenai.ak.us "'pal2gary @hotmail.com <pal2gary @hotmail.com "'psprague @acsalaska.net <psprague @acsalaska. net "'akjfischer @hotmail.com <akjfischer@hotmail.com "'fi;smalley @yahoo.com"' <hvsmalley @yahoo.com "'cpierce @gci.net"' <cpierce @gci.net "'bsmith @xyz.net s" <bsmith @xyz .net "'gsuperman @gci.net t" <gsuperman @gci "'suemccl @gmail.com <suemccl @gmail.com "'mako @xyz.net'" <mako @xyz.net "'kenaimayor10 @msn.com"' <kenaimayor 1 0@msn.com>, "m @alaska.com <mboyle @alaska.com "'bob @molloyforcouncil.com"' <bob@molloyforcouncil.com "'hvsmalley @yahoo.com <hvsmalley @yahoo.com "'barry_eldridge @yahoo.com <barry_eldridge @yahoo.com "'cpajoe@altrogco.com <cpajoe@altrogco.com "'cyan @marquisforkenai.com <ryan@marquisforkenai.com> Subject: No to Compact!! -123- Dear Community Leaders/ Elected Officials, As a lifetime member of this community I would like to express my concern with the Alaska Coastal Communities Global Climate Change Compact. This is a compact that does not make sense for our nation, or state, or our local communities. This compact strongly discourages and heavily penalizes industries in our communities at a cost which could be quite high for a gain of nothing. If send a message to Washington. DC saying we are in support of similar legislation on a local level, this could jeopardize what little industry our local community has left. This will have an immediate effect on the Kenai Peninsula, and even the rest of the state if local refineries are penalized to the point of shutting down. With no local refining ability you have the immediate job lose of several hundred people (including myself), plus the increase of IMPOTED fuels to the entire state. You think gas prices are high now, just wait until you pay shipping of finished goods. This is suppose to save our world environment (and local environment), but how will importing finished goods do that? China will not honor such regulations. They will profit at a cost of our jobs and a MUCH higher cost to our environment. A real look at this compact should scare everyone in our community, our state, and our nation. No one wins, conservative /liberal/environmentalist /industrialist. if you sign this compact I WILL NOT VOTE FOR YOU. I will ask all my friends and family in this community to not vote for you.. Thank you for your careful consideration of this compa Melissa Crezee Lifelong Kenai Peninsula Resident Engineer at Tesoro Refinery 2 -124- Carol Freas From: Carol Freas Sent: Wednesday, January 06, 2010 1:27 PM To: 'fish.on @mac.com' Subject: RE: Climate change video Mr. Beck, Thank you for your comments. Resolution No. 2009 -68 will he reconsidered at the January 6, 2010 council meeting. Because the resolution is being reconsidered, it returns to the body at the place just prior to when the vote on becoming a signatory to the Compact was taken. This means the public hearing is closed and the resolution is subject to debate and amendment, and due to the place from where the resolution issue will begin, no new supporting testimony or written material, i.e. emails, letters, articles, etc. should be taken A copy of your comments will be forwarded to the council members. I wou[d also encourage you individually. A copy of their contact information is attached. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 7535, extension 231 Fax: (907) 283 From: Bob Molloy [mailto :bob @molloyforcouncil.comj Sent: Wednesday, January 06, 2010 8:20 AM To: Carol Freas Subject: Fwd: Climate change video Begin forwarded message: From: Michael Beck <fish.on @mac.com> Date: January 6, 2010 5:21:55 AM AST To: Bob Molloy <bob@molloyforcouncil.com Patricia Porter <kenaimayorl 0@ms hvsmalley @yahoo.com Subject: Climate change video Greetings, Below is a link to a short 9 minute you -tube video that is a TV interview between a New Zealand journalist, and a scientist from Australia discussing climate change. 1 remembered it last night and took me a little while to find it. New Zealand was one of the first countries to enact cap and trade. Australia has voted it down twice. -125- o on act them .com> The interview is kind of fun to watch, puts things in pretty easy to follow context, and it's pretty obvious the guy from Australia knows his stuff, although he presents it in a simple matter of fact fashion. His take on things is about what mine is I think it would be worth 9 minutes of your time to watch before the vote tonight. I hope to be there if the plane schedule cooperates. http: /www.youtube. corn watch ?v- hgaev,MaijyU &feature plaver embedded Regards, Mike Beck Kenai 2 -126- ITNINSU VE 0PMi J AN 6 2D1' 14896 Kenai Spur Highway, Suite 1 -A Kenai, AK 99611 Phone: (907) 283 -3335 Fax: (907) 283 -3913 info@kpedd.org www.lcpedd.org Leadership to enhance, foster and promote economic development SOLUTION 2010 -4 Introduced by: J. Tergerson Date: December 29 2009 Reviewed: January 4 2010 Vote: Kenai Peninsula Economic Development District Resolution of the Board of Directors Whereas: the City of Kenai passed resolution 2009 -68, .Substitute A, titled "A RESOLUTION OF THE COUNCIL, OF THE CITY OF KENAI, ALASKA SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMA I E CHANGE COMPACT." Whereas: Resolution 2009 -6& Substitute A stipulated energy saving projects that the City of Kenai is undertaking; Whereas: Resolution 2009-68 Substitute A refers to the Federal legislation knows as "cap and trade" or carbon tax legislation, and urges that any such legislation apply universally to all oil and gas producers, foreign and domestic, and not solely to domestic producers in Alaska...:.so that jobs are preserved and so that ..:::do not relocate to foreign countries; Whereas: the United States Government participated in the Global Energy Conference in Copenhagen to negotiate an agreement with other world leaders, to cap the emissions of their oil and gas, refineries and other production plants, and to apply these standards equally; -127- Whereas: these negotiations, which called for, equal application of emission standards failed to produce an international agreement; Whereas: The United States Government recognized that if these new standards and goals were not applied equally then any agreement would hann the US Economy, by providing an unequal advantage to foreign producers and production facilities; Whereas: Resolution 2009 -68 Substitute A directly adopts and commits the City of Kenai to the Coastal Communities Global Climate Change Compact; Whereas: the Coastal Communities Global Climate Change Compact does not provide for world wide equally, or even United State equality but refers to the application to Alaska producers and production facilities and Alaskan Coastal Communities only; Whereas: by the City of Kenai being a signatory, it would express support for the following policies, actions and initiatives; 1. ...."immediately enact climate legislation that reduces greenhouse gas emission by 80 percent by 2050. 2. ..."utilize proceeds from cap and trade legislation, carbon tax, or other sources to fund..... Whereas: since no exclusions were included in Resolution 2009 -68 substitute A allowing for the City of Kenai to partially approve the compact, or to allow the City of Kenai an "opt out provision then the City of Kenai is "all in" on supporting ALL provisions of the Alaska Coastal Communities Global Climate Change Compact; Whereas: The Kenai Peninsula Borough is in part largely supported by the tax base of oil and gas producers, refineries, and other production plants that could be hurt by the unequal application of cap and trade or emission standards that are at an 80 percent level; -128 Carol Freas From: Patricia Porter [kenaimayor10 @msn.com] Sent: Wednesday, January 06, 2010 3:05 PM To: Hal Smalley; Mike Boyle; Barry Eldridge; Bob Molloy; ryan; Joe Moore Cc: Rick Koch; Krista Stearns; Carol Frees Subject: Fw: Alaska Coastal Commun ties Global Change Compact Attachments: Climate Change comments for Kenai 1- 4- 10.doc I requested an opinion from Senator Murkowski's office and today received their reply. This is for your information Pat Original Message From: Sweeney Kevin Murkowski) To: Christine Cunningham Cc: Patricia Porter Sent: Wednesday, January 06, 2010 11:25 AM Subject: RE: Alaska Coastal Communities Global Change Compact apologize that this may be late in getting to you, but our Energy Committee Staff put together the following attached assessment of the Global Change Compact. Please note this is the opinion of the Committee Staff and not of the Senator herself (who is traveling this week and unavailable.). Call me if you have any questions at 907 276 -8921. From: Christine Cunningham mailto :ccunningham ©ci.kenai.ak.us] Sent: Friday, December 18, 2009 5:49 PM To: Sweeney, Kevin (Murkowski) Cc: Patricia Porter Subject: Alaska Coastal Communities Global Change Compact Hi Kevin, Pm emailing you on behalf of Mayor Porter. Attached is information regarding the Alaska Coastal Communities Global Change Compact. More information was included in our December 16 Council Packet. The link is below: http:Uwww.ci. ken a i.a k. us /clerkspage /2009 %20E packets /2009e- packet24, pdf Please let me know if I can be of further assistance. Thank you, Christine Christine Cunningham Assistant to City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 907.283.8223 1 -129- Memorandum To: Kenai City Officials Date: January 4, 2010 From: Chuck Kleeschulte at the Senate Energy and Natural Resources Committee 202/224 8276. RE: Comments on the Alaska Coastal Communities Global Climate Change Compact: Senator Murkowski's Anchorage office was asked about her comments about the Alaska Coastal Communities Global Climate Change Compact. Obviously Alaska coastal communities have a strong interest in preventing ocean acidification that can harm fisheries, and in reducing the potential for climate change, which could lead to higher sea levels and thus greater coastal erosion and infrastructure damage. The goals of the compact to promote renewable energy development, improve energy efficiency, increase aid for climate adaptation, protect or rebuild damaged infrastructure and increase research into the extent and causes of ocean acidification are all laudatory in the Senator's view. There is an issue, however, about the impact on Alaskans of the federal government passing legislation to meet goal #1 as the goal is currently written: that Congress "immediately enact climate legislation that will reduce greenhouse gas emissions to meet or exceed the goals recommended by the U.N.'s Intergovernmental Panel on Climate Change, eg. 80 percent reduction (in carbon dioxide emission levels) from 2000 levels by 2050." The goal, ,•:•r:.:n early in 2009, is so specific that currently no potential legislation pending before Congress will fully meet the goal. Even the Waxman- Markey bill calls for a reductions of 83% in 2050 below 2005 levels, which will be just shy of the goal. The IPCC in its 4 assessment from spring 2007 called for a reduction of between 50% and 80 The recent Copenhagen compromise agreement specifically left out exact emission targets, focusing on countries taking actions to prevent global temperatures from rising 2 degrees C, or 3.6 degrees F by 2050. There is still some disagreement as to exactly what level of United States reduction will be needed to reach that goal, which will require a global 50% reduction in greenhouse gas emissions by 2050 in the view of most in the scientific community. According to draft comments on the Waxman- Markey and Kerry-Boxer Climate bills under development by the State of Alaska Department of Revenue Waxman Markey or the Kerry-Boxer bills, which have similar emission targets, could cost the three Alaska in -state all refineries roughly $6 billion in extra costs over the next 34 years, an amount likely to force their closure, driving up marine fuel costs substantially for coastal communities, since that would require all fuel to again be imported into the state from Lower 48 refineries. -130- Closure of the in -state refineries would also threaten affordable fuel supplies for the Alaska Railroad, Anchorage and Fairbanks International Airports and for the main military bases in the state: Elmendorf and Eielson Air Force Bases and Fort Richardson and Fort Wainwright threatening their viability, The bills by raising oil prices due to the carbon allowance costs will also lower state tax revenues and royalty revenues, costing the state between $590 million and $10.4 billion in revenues over 34 years the mean estimate being $3.5 billion, according to the state's draft analysis that has not been finalized. That is money that will not be available for state services or municipal assistance. The bills could endanger the economic viability of construction of an Alaska natural gas pipeline, since the bills all currently require emission allocations for emissions released by gas pipeline compressor stations roughly 20% to 50% of total state CO2 emissions if a pipeline is built, according to Alaska Gas Inducement Act assessments, That would require any pipeline owner to buy emissions, driving up the cost of the pipeline's operation /tariffs and reducing the wellhead value of the gas, and the income that the State of Alaska will receive from its royalty share and taxation on the gas. The current estimate it that the state's net present value of its gas could fall by $1.4 billion. And depending on the bill, if CO2 that is produced at Prudhoe Bay and reinjected into the field from both oil and gas operations would also need allowances, it would add $14 per thousand cubic feet to the tariff for a gas pipeline (if the cost was applied totally to the gas), killing the pipeline's chances for economic viability. Any of these costs would harm funding for Alaska's political subdivisions and worse could eliminate the jobs and economic benefits to boroughs that a pipeline could produce. And the bills all will cause Alaskan consumers to pa hi energy costs. Exactly how much higher is very unclear, the models ranging from about $300 a year to between $2,100 to $4,200 a year. The Energy Information Administration's official model a mid -range case for Waxman- Markey predicts higher household energy costs of $1,870 a year by 2030 with gasoline prices rising an average of 33.5% to more than $5 per gallon, with diesel prices rising by 44% in 2030 to more than $5.60 a gallon in urban areas far higher in rural communities. For all of these reasons, the city council, especially in light of December 2009's agreement at Copenhagen, which occurred after drafting of the compact and after Juneau, Petersburg and Sitka's approval, might want to consider whether to modify the wording in goal #1 so that it deals with global temperature rises and focuses less specifically on an exact CO2 emissions target reduction. Until technology is proven to permit the size of carbon emission reductions called for in Goal #1 within the timeframe required, the council might want to consider whether it wants to support language that permits greater flexibility in how the nation reduces its carbon emissions, thus reducing the costs and societal economic impacts of compliance. -131- Carol Freas From: Susan S (asusansmalley @yahoo.com] Sent: Thursday, January 07, 2010 9:27 AM To: ryan @marquisforkenai.com; cpajoe @altrogco.com; barry_eldridge @yahoo.com; hal smalley; bob @molloyforcounciLcom; mboyle @alaska.com; Carol Freas; Mayor Porter Subject: To Council To: Mayor and City Council members From: Susan Smalley, 105 Linwood Lane, Kenai, AK 99611 Re: Climate Compact Process In my opinion, it is very unlikely that the nation and the world are waiting expectantly regarding the City of Kenai's decision to sign or not to sign the compact. Eternal optimist that 1 am, I do not believe that bit of ink on paper will change THE world one way or another. That big picture, while important, often terrifies us and paralyzes us in our own space, and leads to the familiar, "I'm not doing something until..." rhetoric. Allowing "others" the power over our own behavior seems to profit no one and suggests that we are helpless to do anything. Perhaps this isn't the vehicle we want to arrive in at this time. I really am not sure, but let's hear each other and find some solutions beyond "them" and "us." Like a fine diamond, this issue has many facets, not just two sides. You don't have to agree with me, but perhaps you could hear me. And for the council members who listen to each speaker attentively, without rolling eyes or verbal or visual acclamations for certain points of view, thank you. That response is encouraging for those whom public speaking is already a struggle. (And until the podium arrives, would you consider a straight back chair that doesn't tip backward for those speaking? It can be an unpleasant surprise, as demonstated last evening) Having said that, I do firmly believe that if we, as individual citizens and as government, are willing to roll up our sleeves and give more than an occasional "yay" or "nay," the potential for changing OUR part of the world is amazing! At Wednesday's meeting, there were some glimpses of conversations and seeds of ideas about ways we might do what we can in our own community starting now. I thank those on the prevailing side who are clearly demonstrating a willingness to provide time and a commitment to seek out more voices and information in a scheduled and appropriate forum. I really am heartened by the opportunity with which the citizens of Kenai i -132- and the government of Kenai have been gifted through this process. I hope it is just a beginning. Susan Smalley z -133- Carol Freas From: Duane Bannock [d_bannock @hotmail.com] Sent: Monday, January 11, 2010 8:28 PM To: Mayor Porter; mboyle @aiaska.com, bob @molioyforcouncil.com; hvsmailey @yahoo.com; barry_eidridge @yahoo.com; cpajoe @altrogco.com; ryan @marquisforkenai.com Cc: Carol Freas Subject: RE: Clarion Blog Comment by Duane Bannock SHOOT! Wrong again! It seems that Section 1.15.060 (Motions) was there all along and not amended by Ord. 2347 -2008. AAArgh!!! That Ordinance updated 1.15.040 (Agenda). I'm very sorry for my sloppy research on this important topic. dab -134- From: d_bannock @hotmail.com To: kenaimayor10 @msn.com; mboyle @alaska,com; bob @molloyforcouncil.com; hvsmalley @yahoo.com; barry_eldridge @yahoo.com; cpajoe @altrogco.com; ryan @marquisforkenai.com CC: cfreas @ci.kenai.ak.us Subject: Clarion Biog Comment by Duane Bannock Date: Tue, 12 Jan 2010 05:17:51 +0000 On Sunday, January 10th, I posted the following comment on to the Peninsula Clarion story of the Council Meeting of last week: Also a quick review of Roberts Rules of Order may be needed by the Council as well. According to the 21st Century Version of these rules found in the Kenai Library regarding the procedure for disagreeing with a ruling by the Chair (Mayor Porter) is found on page 75 as 'Appeals" "When the decision of the Chair has been appealed, the Chair may speak twice...at the beginning of the debate and once at the end members may speak once to the appeal." This is important as, procedurally, there was an error when the Council deemed debate on Mr. Boyle's Point of Order appeal to overturn Ms. Porter's decision was disallowed. Would anything have changed? I doubt it, but if we're going to have rules, we should follow them. Today, I see that (Ms KASCHMIDT posted a correction to my comment that the City of Kenai Code addresses the question of the appeal of the Chair rather than Roberts Rules of Order. I apologize for my comment as I have tonight verified that she is correct. I did review the code section yesterday as I was creating the post, but it seems that the web section of Section 1.15 was just updated today with the ordinance 2347 -228 that Mr. Molloy introduced. I have posted an acknowledgment of my error on the same blog and offer my most sincere apology for this mis- statement of fact. I still maintain the procedure that disallowed pubic comment on an agenda item that did not offer a Public Hearing was incorrect and I look forward to dialog with you on that subject. But tonight I wanted to say: I apologize. Duane Bannock 398 2316 PS: If anyone knows Ms. Johnson's email, could you please share it with me so that I may extend this apology to her too? Hotmail: Free, trusted and rich email service. Get it now. Hotmail: Powerful Free email with security by Microsoft. Get it now. 2 -135- BOB MOLLOY (907) 283 -7373 (VOICE) 283 -2835 (FAX bob@molloyforcouncil.com TO: Mayor Porter, Council Members Boyle, Eldridge, Marquis, Moore, Smalley RECEIVED JAN 1 3 2010 KENAI CITY CLERK FROM: Bob Molloy DATE: 01- 13-1 SUBJECT: Resolution No. 009 -68: A Resolution Of The Council Of The City Of Kenai, Supporting The Alaska Coastal Communities Global Climate Change Compact And Supporting The State Of Alaska Energy Policy As Proposed By The Tri- Borough Commission Council has received substantial and numerous public comments, both written and in- person at council meetings on 12- 02 -09, 12- 16 -09, and 01- 06 -10. Council members also have expressed some of their views on what each member thinks is in the best interests of the City of Kenai as it relates to this resolution and these important issues. The public comments and the council comments have had substantial impact, and the original proposed resolution has been replaced by a substitute, and that substitute has been amended. The current version of this resolution is open for additional public comment and council debate at the meeting of 1- 20 -10. What has emerged so far in my view is a movement to find .common ground and points of agreement relating to these important and complex issues of mutual concern. On 1- 20 -10, we will heat additional important public comment from our residents, our constituents, and our neighbors on these issues of mutual concern. Council members will debate and express their views. After the public hearing and council debate on 1- 20 -10, my intent is to ask Council to support a postponement of Resolution No. 2009 -68 for at least 90 days. The goal of the postponement is to develop a substitute resolution, to substitute for the cm Resolution No. 2009 -68, through a public town hall meeting or meetings (perhaps to be held at the Kenai Visitors Cultural Center), open to the public. At these meetings, all interested members of the public can continue to participate in the dialogue, and we can capture the points of agreement that have emerged or will emerge, plus identify workable action steps that the city, our residents, constituents, and the business community can support. The outcome envisioned is a replacement substitute resolution or resolutions that would then have additional public hearing, and would then be debated and voted upon by council. -136- Carol Freas From: Carol Freas Sent: Wednesday, January 20, 2010 8:43 AM To: 'Susan S' Subject: RE: For a lay down for Res 2009 -68 Ms. Smalley, Thank you for your comments. A copy of your email transmission will be distributed to the Council at the January 20, 2010 meeting and added to the council packet of information. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: Susan 5 mailto:asusansmalley ©yahoo.com] Sent: Tuesday, January 19, 2010 9:15 AM To: Carol Freas Subject: For a lay down for Res 2009 -68 Resolution 2009 -68 The following are Climate Change /Environment comments gathered from company websites on 1/19/10 by Susan Smalley and submitted (underlining is my own). The fact that many of the biggest players are making what I consider to be bold public statements about emissions and climate change might seem to give us a solid place to stand for our discussions and plans for the future in our own community. *TESORO http: /www.tsocorp. com TSOCorp /SocialResponsibility /TESOROSOCIALRESPONSIBI LITY Social Responsibility Social responsibility is an integral part of our business practices— as well as our corporate culture. This is a responsibility, and a promise, we uphold to our employees, shareholders and the communities and environment in which we operate. Environment Tesoro's Environmental Commitment RECEIVED JAN 19 2010 KENAI CITY CLERK It is Tesoro's policy to achieve a high standard of environmental care in conducting its business. We seek continuous improvement in environmental management. What's more, we have developed several voluntary programs, partnered with community groups and implemented employee environmental training, in order to conserve natural resources, minimize wastes, improve prnreccec a nd above a ll protect the environment. At Tesoro, we seek continuous improvement in environmental management, and we take responsibility for minimizing adverse environmental impact, reducing waste and emissions and promoting conservation. Our goal is to protect the environment and the ecosystems we operate in from harm... As an environmental steward, Tesoro has established programs to conserve resources, minimize wastes, improve processes and protect the environment. *CHEVRON http://www.chevron.com/globalissues/climatecha nge ?videoid= ClimateChange08 The global demand for energy will increase in the coming decades, and this rising demand presents significant opportunities for our industry. As demand increases, however the complexities of global climate change also pose serious questions for the energy industry and the broader society. At Chevron, we are working to reduce greenhouse gas (GHG) emissions and expand our energy supply portfolio to meet the demands of customers for affordable, reliable and lower impact supplies of energy. Our multifaceted response to climate change involves seeking ways to reduce GHGs from the use of fossil fuels, expanding the use of alternative fuels and renewables, and improving energy efficiency. Climate Change and Chevron's Response The Intergovernmental Panel on Climate Change states in its Fourth Assessment Report that most of the observed increase in global average temperatures since the mid -20th century is very likely due to manmade GHGs. Chevron is working to be part of the solution to the energy and climate challenge facing the world. Near -term mitigation actions, development of advanced energy technologies for the long term, and adaptation to the potential impacts of climate change are needed to meet the challenge. *CONOCO PHILLIPS http:// www .conocophillips.com /EN /susdev/ environment /climatechange /Pages /index.aspx Climate Change At ConocoPkillips we believe that climate change is occurring and that human activity, including the burning of fossil fuels, is a contributing factor. While uncertainties remain over the extent of human contribution and the timing and magnitude of future impacts, we are committed to taking action Approach Our climate change position outlines our approach to expand our business planning processes and technology efforts to address greenhouse gas (GHG) emissions, to play a constructive role in the public policy dialogue and develop GHG targets for our operations. In support of our position, we have implemented a climate change action plan to prepare the company to succeed in a world challenged to reduce GHG emissions. This action plan covers the first phase (from 2008 to 2013) of our long -term effort to slow, stop and ultimately reverse the rate of growth of GHG emissions from our operations. During this period we anticipate that governmental climate change policies and regulations will become increasingly well defined in the countries in which we operate. Key elements of the plan include: Equipping for a low- emission world: Using technology and resources to understand the business implications of climate change and integrate that understanding into our business strategy, long range planning, project development, and operations processes and practices. Reducing our emissions: Evaluating GHG reduction opportunities, developing plans for our operations and implementing reduction projects. Pursuing new business opportunities: Analyzing the full range of new business opportunities that may emerge in a low- carbon economy and making investment decisions in a timely, strategic manner. Leveraging carbon trading and technology innovation: Optimizing the value of emission allowances and offsets, and pursuing the research, development and deployment of technology to both manage our own emissions and drive development of potential new business opportunities. Engaging externally: Proactively connecting with external stakeholders to promote practical and sustainabie climate solutions, including the development of effective public policy. *BRITISH PETROLEUM http: /www. b p. com /secti o nge n erica rticle.d o ?category) d= 9028012 &co ntentl d= 7050978 An advocate of legislation and co- operation to address climate change, BP also focuses on operational energy efficiency; reducing greenhouse gas emissions and establishing low carbon energy businesses Our position on climate change covers six key points: 1. A major issue BP accepts the findings of the Intergovernmental Panel on Climate Change that global warming is unequivocal and 'very likely' due to human activity. We accept that in order to avoid the dangerous consequences of climate change, temperature increases will probably need to be limited to about two to three degrees Celsius above pre industrial levels. 2. Collaboration required Climate change is a global issue that requires all countries, all sectors of industry and society at large to play their parts in addressing it. 3. Tough decisions Governments need to make tough decisions to balance the pressures of climate change with those of economic development and energy security. 4. Driven by policy The scale of change required to address the issue means that it can only be achieved through government policy to drive emissions reduction and stimulate investments in low- carbon technologies. 5. Energy efficiency Energy efficiency has a major role to play. With technical improvements, changed attitudes and the right policies, a major reduction in energy use and emissions can be achieved, often at very low cost. 6. Innovation Innovation is needed to address the challenge. We will need to move some important existing technologies, such as CCS, from demonstration phase to full -scale implementation on a rapid timescale. (Under heading "Taking Action)4. Advocacy We will continue to participate in the policy debate, calling for policy action to put a price on carbon and stimulate renewable and low- carbon energy. BP has continued to participate actively in the development of public policy in many jurisdictions, as evidenced by formal submissions to the US federal government the Australian government, the Californian state government and the EU. We also see it as part of our responsibility to spread awareness of climate change among our customers and the public. *SHELL http: /www.shell.com /home /content /responsible energy /environment /climate change/ For us the debate on climate change is over. We are tackling the challenges of a new energy future. We continue to develop technologies to reduce CO from our operations and to produce more efficient fuels and lubricants for customers. We are calling on governments to establish policies that will encourage a reduction in CO, emissions. http: /www,shell.com /home /content /responsible energy /environment /climate change /our approach to climate change /approach Emissions from fossil fuels are currently responsible for 60% of the world's total greenhouse gas emissions. The International Energy Agency predicts that fossil fuels will continue to meet the bulk of rising energy demand for decades to come. So managing CO, emissions from coal, oil and natural gas is crucial in tackling climate change. http: /www. shell .com /home /content /responsible energy /environment /climate change /governments/ governments.html Calling for change We are urging governments for a stable long -term regulatory framework that includes an international cost of emitting CO This would encourage the investments and technological developments needed to raise energy efficiency and lower the CO intensity of energy supplies, without distorting international competition. Policies should include, for example, emissions trading systems for power stations and industrial facilities. They should also promote vehicle efficiency and the use of fuels with lower total CO2 emissions. And there should be appropriate targets for renewable sources like wind and solar. These changes need to happen fast they cannot be delayed by the current economic situation. *MARATHON http: /www.marathon.com /Social Responsibility /Our CSR Policy /Environmental Stewardship /Climate SChange/ Climate Change We recognize and share concerns about climate change and its potential impact on our environment. The use of carbon -based fuels results in the generation of greenhouse gases (GHG) which some believe contribute to climate change. Nevertheless, the use of carbon -based fuels will be required in increasing amounts for the foreseeable future in order to meet the world's growing demand for energy. We believe: Climate change is a global issue that will require global solutions. Research, development, and deployment of innovative and cost effective technologies are required. Improved energy efficiency is an effective and necessary means to conserve resources and mitigate emissions. Governmental policies and legislation must be equitable, transparent, and avoid harm to the economy. *EXXON http: /www.exxonmobil.com /Corporate /energy climate views.aspx Climate change With increased global energy demand, energy related carbon dioxide emissions are expected to rise by an average of 1 percent per year through the year 2030. As was recently summarized in the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC), the risks to society and ecosystems from increasing greenhouse gas (GHG) emissions are significant. Meeting the enormous energy demand growth and managing the risk of GHG emissions are the twin challenges of our time. We all must engage in the search for solutions if we are to succeed at mitigating these risks. Progress can be achieved through climate change policy frameworks that enable countries to pursue economic progress while promoting the development of technologies necessary to generate and use energy more efficiently. As the largest publicly traded international energy company, the energy ExxonMobil produces meets 2 percent of the world's needs. We share the responsibility to take action with scientists, citizens, and governments around the world and are doing so in several substantive ways. Over the years, we have supported major climate research projects, and we contribute to an array of public policy organizations that research and promote discussion on climate change and other domestic and international issues. Priority issues Reducing Greenhouse Gas Emissions. /Improve energy efficiency and reduce greenhouse gas emissions from our own operations as well as from energy use by consumers.\ \Policy Engagement. Help shape energy policies that support long -range thinking, encourage long- term /Reduction. Employ a combination of technology, processes, and engagement with host governments to address operational and regional barriers to natural gas flaring reduction. Carol Freas From: Turner Michele MicheleTurner ©borough.kenai.ak.us] Sent: Tuesday, January 19, 2010 11:52 AM To: Carol Freas Cc: Blankenship, Johni Subject: KPB R2010 -002 Attachments: R2010 -002 signed.pdf Hi Carol, Mayor Porter has requested a copy of the attached Resolution. «R2010 -002 signed.pdf» Thank you have a great day! Michele Turner Kenai Peninsula Borough Clerk's Office 144 N. Binkley, Soldotna, AK 99669 (907) 714 -2165 Direct (907) 714 -2388 Fax Introduced by: Date: Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2010 -002 WHEREAS, three assembly members were absent from that meeting; and Superman, Knopp 01/05/10 Adopted 6 Yes, 3 No, 0 Absent A RESOLUTION RESCINDING RESOLUTION 2009 -085 TO WITHDRAW THE KENAI PENINSULA BOROUGH AS A SIGNATORY TO THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT WHEREAS, the KPB Assembly adopted Resolution 2009 -85 in Homer, Alaska on September 15, 2009; and WHEREAS, the Alaska Coastal Communities Climate Change Compact contains support for significant policy changes, actions, and initiatives that would benefit Alaska and its people, including development of renewable resources, improvement of energy efficiencies, and help for vulnerable communities that may be impacted by climate change; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Compact also contains support for the findings and recommendations of the Intergovernmental Panel on Climate Change (IPCC); and the Compact states that the IPCC has presented compelling evidence that today's climate changes are attributable to human activity, primarily from the burning of fossil fuels; and more than 700 international scientists dissent over man-made global warming claims, representing over 13 times the number of UN scientists (52) who authored the IPCC 2007 Summary for Policymakers; and the Compact implicitly supports Cap and Trade legislation, currently embodied within Waxman Markey (H.R. 2454); and any Cap and Trade legislation implemented nationally will have a direct negative impact on components of the petrochemical industry situated within the KPB; and evidence that global warming is primarily being induced by human activity is far less than compelling and is subject to an array of social, economic and political agendas locally, nationally, and globally; Kenai Peninsula Borough, Alaska Resolution 2010 -002 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. The Kenai Peninsula Borough requests that its name be withdrawn as a signatory to the Alaska Coastal Communities Global_ Climate Change Compact. SECTION 2. Kenai Peninsula Borough Resolution 2009 -085 is hereby rescinded. SECTION 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 5TH DAY OF JANUARY, 2010. ATTEST: Yes: No: Absent: Fischer, Knopp, Pierce, Smalley, Superman, Sprague Haggerty, McClure, Smith None Pete Sp e, Assetnb o` 9, ohni Blankenship, Borough Clerk z ii c s y ex o 'N��� ���`�a I /l in11tttttt Resolution 2010 -002 Kenai Peninsula Borough, Alaska Page 2 of 2 Carol Freas From: Carol Freas Sent: Wednesday, January 20, 2010 8:39 AM To: 'Kevin and Robin Dix' Subject: RE: Opposition to resolution 2009 -68 Mr. Dix, Thank you for your comments. A copy of your email transmission will be distributed to the Council at the January 20, 2010 meeting and added to the council packet of information. If you have any questions, please contact me. Carol 1. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: Kevin and Robin Dix maiito :kevinandrobin @acsalaska.net] Sent: Tuesday, January 19, 2010 9:12 PM To: Mayor Porter; mboyie @alaska.com; bob @molloyforcouncil.com; hvsmalley @yahoo.com; barry.eldridge @yahoo.com; cpajoe @altroqco.com; ryan @marquisforkenai.com; Carol Freas Cc: kvndix @yahoo.com Subject: Opposition to resolution 2009 -68 Kenai City Council I am writing this letter in opposition to resolution 2009 -68 and ask the council to withdraw it's name as signatory to the Alaska Coastal Communities Global Climate Change Compact. The Alaska Coastal Communities Global Climate Change Compact clearly supports the Waxman- Markey Cap and Trade Bill. Cap and Trade would have significant adverse impact on the local economy and questionable benefit to the environment. Cap and Trade will shift manufacturing jobs to foreign countries with less stringent environmental and safety regulations. This can't be good for Alaska. Can't be good for America. Can't be good for the planet. Please re- consider your support for the Alaska Coastal Communities Global Climate Change Compact. Thank You, Kevin Dix Kenai Resident kvndix@yahoo.com Carol Freas From: Carol Freas Sent: Wednesday, January 20, 2010 8:46 AM To: 'wrnelson @gci.net Subject: RE: Kenai City Council Meeting of January 20, 2010 Mr. Nelson, Thank you for your comments. A copy of your email transmiss 2010 meeting and added to the council packet of information. If you have any questions, please contact me Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 From: Joe Moore [rnailto:joem @altrogco.com] Sent: Wednesday, January 20, 2010 7:02 AM To: Carol Freas Subject: FW: Kenai City Council Meeting of January 20, 2010 From: wrnelson @gci.net [mailto:wrnelson @gcLnet] Sent: Tuesday, January 19, 2010 8:10 PM To: Bob Molloy Cc: Joe Moore; Barry Eldridge; Ryan Marquis; Hal Smalley Subject: Kenai Cit council M of Janua 20 2010 Dear Councilor Molly (and others), on I be distributed to the Council at the January 20, I regret that we are unable to attend this council meeting as it conflicts with another commitment. However, we are again requesting that all of you reject in approving Resolution 2009 -68. I compliment those responsible by addressing our resource developers by the substitute A section, but we still feel that if this Resolution is passed, what message are we sending to the business community. Even though Substitute A gives us a little more comfort, I have found very few friends and neighbors who support passage as there is just too much ambiguity in the language of the resolution in our mind. Further, as I'm sure you are aware the Borough has rescinded its previous position and is no longer a signatory party. We would hope you councilors would see the folly of this Resolution and reject it and never look back. We feel if anyone feels so strongly about the issues raised, let him address it on a personal basis and not attempt to speak for the rest of the citizenry as a whole. Again, We would be most pleased to hear that this issue is voted down once and for all and that more productive issues would be addressed. Respectfully yours, William and Lois Nelson 209 Susieana Lane Kenai, Alaska 99611 Carol Freas From: Carol Freas Sent: Wednesday, January 20, 2010 1:08 PM To: 'marknjen@acsalaska.net Subject: RE: Opposition to passage of Res. 2009 -68 Ms. Lockwood, Thank you for your comments. A copy of your email transmission will be distributed to the Council at the January 20, 2010 meeting and added to the council packet of information. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 Original Message From: marknjen @acsalaska.net [mailto:marknjen acsalaska.net] Sent: Wednesday, January 20, 2010 1:02 PM To: Mayor Porter; mboyle @alaska.com; bob @molloyforcouncil.com; hvsmalley @yahoo.com; barry_eldridge @yahoo.com; cpajoe @altrogco.com; ryan @marquisforkenai.com Cc: Carol Freas Subject: Opposition to passage of Res. 2009 -68 January 20, 2010 Mayor Porter Kenai City Council Members, I am writing to express my concern in the City of Kenai passing a resolution supporting the Coastal Communities Global Climate Change Compact being presented by the Alaska Marine Conservation Council. I have reservations with the City of Kenai supporting a group that on its website refers to "Our Work" as being "to support legislation at all levels of government to address the problem" (of climate change). How do you, as individuals representing this City, know that the legislation this organization supports won't be detrimental to the economy of this community? As council members you will have no control over what they pursue whether its right or wrong, but if the City of Kenai signs this compact it will appear the City supports their goals and objectives. I do not agree with what you are doing and request you reconsider. My husband and I are business owners in the City of Kenai, my husband is a life -long Cook Inlet commercial fisherman and I am employed by the Tesoro refinery. Like so many expressing their concerns on both sides of the issue, I have a great stake in this community. Every single one of us wants to protect our Alaskan environment, but signing a compact with a group that might support legislation that could cripple our economy is not the way to do it. Your decision tonight could have a huge impact on the well -being of this community. It could have a huge impact on the well -being of my family. I respectfully request your reconsideration that you not sign this compact being presented by the Alaska Marine Conservation Council. Sincerely, Jenifer Lockwood P.0 Box 1566 Kenai, Alaska 99611 2 Carol Freas From: Carol Freas Sent: Wednesday, January 20, 2010 1:45 PM To: 'Celia Anderson' Subject: RE: Resolution 2009 -68 Ms. Anderson, Thank you for your comments. A copy of your email transmission will be distributed to the Council at the January 20, 2010 meeting and added to the council packet of information. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 From: Celia Anderson [mailto:IFCRA @kpc.alaska.edu] Sent: Wednesday, January 20, 2010 1:42 PM To: Carol Freas Subject: Resolution 2009 -68 Please read the following message at the City Council meeting tonight as I cannot attend due to my teaching schedule: I am Celia Anderson, I direct the Art Program at Kenai Peninsula College and I live at 36805 Chinulna Drive, Kenai, Alaska. I teach on Wednesday evenings so cannot attend tonight's meeting. I would like to see a postponement of the vote on Resolution 2009 -68 to give time for the community to have a substantive dialogue on the issues surrounding climate change and its effects on our area. it seems to me that we have an opportunity to bring stake holders and community members together and collectively work towards solutions to these pressing problems. This last semester, I, two other KPC instructors, and one Alaskan Christian College instructor, along with 76 students took part in a Service Learning Project studying climate change in Alaska. The culmination of the project is an exhibition of multimedia work, visual art pieces and literature entitled "The Art and Science of Climate Change" currently on display at the Kenai Visitor and Cultural Center. This Friday's Community Dialogue entitled "Climate Change on the Kenai" will be held at the Kenai Visitor Center from 7 -9pm. I invite all those who feel the gravity of this issue to attend the Friday event, see the exhibition and begin a constructive, collective dialogue that ultimately promotes an informed public. Celia Anderson Associate Professor of Art Kenai Peninsula College 156 College Road Soldotna, AK 99669 907 262 -0361 ATTEST: Carol L. Freas, City Clerk CITY OF KENAI -137- Suggested by: Administration RESOLUTION NO. 2010 -03 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING ADMINISTRATION TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH ALASKA STATE PARKS DESIGN CONSTRUCTION FOR DEVELOPMENT OF A MASTER SITE DEVELOPMENT PLAN FOR A SMALL CITY PARK ON THE CORNER OF MARATHON ROAD AND MAGIC AVENUE, WHEREAS, the City of Kenai would like Alaska State Parks to assist in developing a Site Development Plan for a small City park on the corner of Marathon Road and Magic Avenue comprising of approximately seven (7) acres with a three (3) acre pond; and, WHEREAS, an objective of the City of Kenai is the development of a family- oriented park with a small parking area (10 -12 spaces), small shelter with a fireplace feature, pedestrian access leading from the parking area to the shelter, BBQ grills, access to the pond beach area, single toilet facility, and possibly pathways around the lake with viewing /sitting areas with benches and interpretive /educational displays pertinent to the featured location; and, WHEREAS, Alaska State Parks Design Construction is willing to perform master planning work and possesses the professional expertise to develop, conserve, and enhance the natural resources for the benefit of present and future community residents; and, WHEREAS, Alaska State Parks Design Construction have agreed to perform a site evaluation /analysis for development of a base map with existing conditions, develop a draft Master Site Development Plan for review and comments, prepare a Final Master Site Development Plan including a Phase I Development Plan, and provide engineer estimates for the Master Site Development Plan and Phase I. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, administration is authorized to enter into a Memorandum of Agreement with Alaska State Parks Design Construction for the development of a Master Site Development Plan for the above named property. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of January, 2010. PAT PORTER, MAYOR the cuiof KENA SKA MEMO: Village with a Past, C with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager IY Thru: Wayne Ogle, Public Works Director FROM: Robert J. Frates, Parks Recreation Direct DATE: January 15, 2009 SUBJECT: Marathon Park Master Site Development Plan k 4u -hprl eW/p 03 Mike Seidl, Chief of Design and Construction for the Alaska Department of Natural Resources, has granted the City of Kenai use of his department's resources for the development of a Master Site Development Plan. City administration met with Mike's principle architect, Bill Evans, on October 16, 2009 in order to perform an initial site evaluation and analysis. The next step in this process is the actual development of concepts onto paper for review and ultimately a Final Master Site Development Plan, including a Phase I Plan. The Phase I Plan will include all the amenities which will make the park a functional family -type park. For services rendered, the final cost will be $7,000. The above mentioned documents will also include engineer's estimates for both the Master Development Plan and Phase I. This will be a beneficial planning tool for administration to calculate what could be built with available funding. Mr. Evans has a great reputation throughout the State of Alaska as a Landscape Architect for the Division of Natural Resources and we are fortunate to have this opportunity. January 11, 2010 Ms. Dawn Holland- Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 RE: Application for Renewal of Liquor License Business Name George's Casino Bar License Type Beverage Dispensary License No. 204 Dear Ms. Williams: We are in receipt of the above referenced application for renewal of liquor license. The Kenai Peninsula Borough Finance Department has reviewed the renewal application and has determined the applicant to be in compliance; having no unpaid or delinquent taxes. Therefore, the Kenai Peninsula Borough has no objection to the continued operation of this establishment in Kenai, Alaska. Sincerely, JB /m It r Johni Blankenship CMC Borough Clerk cc: Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669.7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 478.4441, Ext 2160 EMAIL: assemblyclerk @borough.kenaLak.us JOHNI BLANKENSHIP, CMC BOROUGH CLERK -138- R ECEIVED J AN 1 3 20I0 K ENAI CITY CLERK thecuiyof y KENAI, ALASKA January 21, 2010 Ms. Dawn Holland- Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: LIQUOR LICENSE RENEWALS) 11 V llaye with a Past, C with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us At its regular meeting of January 20, 2010, the Kenai City Council considered the following renewal of the liquor license applicant(s) Iisted below and raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Beverage Dispensary George's Casino Bar, #204 If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant(s) -139- ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 6, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2460 2009 Increasing Estimated Revenues and Appropriations by $214,390.30 in the General Fund for an American Recovery and Reinvestment Act (ARRA) Grant Received Through the State of Alaska Community Revenue Sharing Grant Program 2. Resolution No. 2010 -01 Approving a Contract to for the Project Entitled Bridge Access Water and Sewer 2009 for the Total Amount of 3. Resolution No. 2010 -02 Respectfully Requesting the National Oceanic and Atmospheric Administration, National Marine Fisheries Service, to Extend the Comment Period Regarding the Proposed Rule Designating Critical Habitat for Cook Inlet Beluga Whale to April 30, 2010 and Request a Public Hearing be Held in Kenai, Alaska. ITEM E: MINUTES 1. *Regular Meeting of December 16, 2009. ITEM F: UNFINISHED BUSINESS -140- 1. Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council extended the previous postponement to January 6, 2010.) 2. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council substituted, amended and passed Resolution No. 2009 -68. Subsequently, a motion for reconsideration was made and passed. The resolution is now before the Council in exactly the same condition it was in before taking the vote on the resolution as amended. The resolution is open to debate and amendment. Because the public hearing was held and dosed, there is no further public comment or hearing.) ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2461 -2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer Fund for the Perfo uzance of a Utility Rate Study. 4, Approval Commission /Committee Term Reappointments Discussion Council Liaison Commission /Committee Appointments 6. Approval Amendment to Lease Salamatof Seafoods, Inc. Dock and Adjoining Lease. ITEM 11: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils -141- ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 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. 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. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2422-2009 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 -142- Jo e Moore (telephonic) Barry Eldridge Ryan Marquis Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING JANUARY 6, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: A quorum was present. It was noted Council Member Moore was participating telephonically from Hawaii. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: SUBSTITUTE: ITEM D -2, Resolution No. 2010 -01, the substitute. ADD TO: ADD TO: ITEM G -2, Purchase Orders Exceeding $15,000 Increase of existing purchase order Nelson Associates ADD TO: ITEM D -3, Resolution No. 2010 -02 12/22/09 Commissioner Lloyd's letter to National Marine Fisheries Service requesting the comment period on the designation of critical habitat for Cook Inlet Beluga Whales be extended and a hearing be held in the Kenai Peninsula Borough. ITEM G -5, Discussion /Council Liaison Commission/ Committee Appointments Communication from Kenai Convention Visitors Bureau, Inc. -143- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 2 MOTION: Council Member Smalley MOVED for approval of the agenda with the additional information and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: None. ITEM C: SCHEDULED PUBLIC COMMENTS (10 minutes) UNSCHEDULED PUBLIC COMMENTS (3 minutes) Paul Menton, 805 Auk Avenue, Apt #12, Kenai Started to speak with regard to the Climate Change Compact. A point of order was requested by Council Member Boyle, noting he believed discussing the Compact at that point on the agenda would be inappropriate as the resolution had not been advertised for public hearing and discussing it at that time would be unfair to others who did not attend the meeting because a public hearing was not advertised. Discussion followed during which City Attorney Stearns advised Council Member Boyle raised a point of order, which did not require a second, required a ruling of the Chair, and was not debatable. Mayor Porter stated she would allow public testimony to continue on the issue. MOTION TO APPEAL THE RULING OF THE CHAIR: -144- Moore Yes Eldridge Yes Marquis No Molloy No Boyle No Porter No Smalley No Moore No Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter No Smalley Yes KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 3 Council Member Boyle MOVED whether the body stood behind the ruling of the Chair Stearns advised the motion was close to the code wording to appeal the ruling of the Chair, the motion was not debatable, a majority vote would be needed to support the decision of the Chair, and, an affirmative vote would be to go forward with comment and a negative vote would be to not allow public comment on the issue at Unscheduled Public Comment. VOTE ON THE APPEAL: Student Representative Johnson: No MOTION FAILED. MOTION TO SUSPEND THE RULES /POSTPONE RECONSIDERATION: Council Member Molloy MOVED to suspend the rules regarding reconsideration of Resolution No. 2009 -68 so that Council postpones Resolution No. 2009 -68 for a properly noticed additional public hearing at the next meeting, January 20, 2010, so that the public hearing is reopened and additional public comment can be taken. All written emails, resolutions and memos received since the December 16, 2009 meeting can be included in the public record on this resolution. Council Member Boyle SECONDED the motion. Stearns advised, the motion was non debatable. VOTE: Student Representative Johnson: Yes MOTION PASSED. It was noted, Resolution No. 2009 -68 would be included on the January 20, 2010 council meeting agenda with an additional advertised public hearing. -145- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 4 BREAK TAKEN: 7:35 P.M. BACK TO ORDER: 7:45 P.M. Council Member Moore stated his concern with not allowing public comment on the issue and ended his telephonic participation. Council Member Molloy explained his actions with the motion to suspend the rules and postpone the reconsideration of Resolution No. 2009 -68, noting he believed to allow comment on Resolution No. 2009 -68 at "Unscheduled Public Comment" would have been a public hearing on the issue without a public hearing having been advertised. The passage of the motion would insure the public to be able to speak to the issue during a properly advertised public hearing and would include all materials received on the issue to be a part of the record. Council Member Smalley apologized for any misunderstanding or misconception of the public and noted, public comment could be given on any subject, whether on the agenda or not, at the end of the meeting at which time each person would have five minutes in which to speak. The public hearing scheduled for January 20, 2010 would allow everyone to come and speak. Council Member Eldridge stated he felt it appropriate that public comments should have been taken on any subject. ITEM D: D -1. MOTION: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2460 -2009 Increasing Estimated Revenues and Appropriations by $214,390.30 in the General Fund for an American Recovery and Reinvestment Act (ARRA) Grant Received Through the State of Alaska Community Revenue Sharing Grant Program Council Member Eldridge MOVED for adoption of Ordinance No. 2460 -2009 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Student Representative Johnson: Yes -146- Moore Absent Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 5 MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2010 -01 Approving a Contract to for the Project Entitled Bridge Access Water and Sewer 2009 for the Total Amount of D -2a. Resolution No. 2010 -01 Approving a Contract to North Star Paving Construction for the Project Entitled bridge Access water and Sewer 2009 for the Total Amount of $3,218,000.80. MOTION: Council Member Eldridge MOVED to adopt Resolution No. 2010 -01, the substitute and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. D -3. Resolution No. 2010 -02 Respectfully Requesting the National Oceanic and Atmospheric Administration, National Marine Fisheries Service, to Extend the Comment Period Regarding the Proposed Rule Designating Critical Habitat for Cook Inlet Beluga Whale to April 30, 2010 and Request a Public Hearing be Held in Kenai, Alaska. MOTION: Council Member Eldridge MOVED for the adoption of Resolution No. 2010 -02 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. -147- Moore J Absent Eldridge Yes Yes Marquis Porter Yes Yes Molloy Yes Boyle Smalley Yes KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 6 ITEM E: MINUTES E -1. agenda. Regular Meeting of December 16, 2009 Approved by consent ITEM F: UNFINISHED BUSINESS F -1. Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council extended the previous postponement to January 6, 2010.) City Manager Koch explained the extension request was time certain in returning to council for consideration. However, administration had not been able to fully discuss the issue with the lessor but would be able to do so within 30 -45 days. MOTION: Council Member Boyle MOVED to table the request for extension of construction schedule for Lot 14, Block 1, Cook Inlet Industrial Air Park with a status report at every meeting Council Member Marquis SECONDED the motion. VOTE ON TABLING MOTION: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. F -2. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council substituted, amended and passed Resolution No. 2009 -68. Subsequently, a motion for reconsideration was made and passed. The resolution is now before the Council in exactly the same condition it was in before taking the vote on the resolution as amended. The resolution is open to debate and amendment. Because the public hearing was held and closed, there is no further public comment or hearing.) -148- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 7 Item was postponed at the beginning of the meeting to the January 20, 2010 council meeting. ITEM 0: G -1. MOTION: VOTE: NEW BUSINESS Ratification of Bills Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding 515,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. G -3. Ordinance No. 2461 -2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study. Introduced by approval of the consent agenda. G -4. Approval Commission /Committee Term Reappointments Referring to information included in the packet, Mayor Porter stated she wanted to reappoint the following commission /committee members: Bill Osborn Harbor Commission Tricia Canady Beautification Committee Marilyn Dimmick Beautification Committee Jim Zirul Airport Commission Henry Knackstedt Airport Commission -149- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 8 MOTION: VOTE: Jim Bielefeld Airport Commission Lois Mae Nelson Council on Aging Phil Bryson Planning Zon Commission Roy Wells Planning Zoning Commission Council Member Smalley MOVED for approval of the continuation of terms suggestions on various commissions and committees and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. Mayor Porter requested a letter thanking Leah Stanford for her services to the Beautification Committee be prepared and noted she would seek applicants for other openings on the commissions and committees. G -5. Discussion Council Liaison Commission /Committee Appointments -150- Discussion followed related to whether council wished to continue council liaison appointments to commissions /committees of contractors to the city, i.e. Kenai Convention Visitors Bureau (KCVB), Boys Girls Club, etc. Council comments included: There had been a liaison to the KCVB Board since its inception and a memo added to the packet earlier in the meeting indicated the Board's wish for a liaison position to continue. Desire to not have liaisons to contractors' boards as it was felt the lack of a liaison would be helpful to the independence of those boards. Belief it would be appropriate to have the city manager interact with the contractors and not have a liaison. Question of why there had been a liaison assigned to the KCVB and not the Boys Girls Club. Answer given was one was never established with the Boys Girls Club. Responsibilities and involvement of the city with regard to the KCVB is different than other contractors. Request of Clerk to investigate the history of liaison appointments to the KCVB and report back at the January 20, 2010 council meeting. Depending on desire of council, a code change could be required. Liaisons could be staff members instead of council members. KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 9 G-6. Approval Amendment to Lease Salamatof Seafoods, Inc. Dock and Adjoining Lease. City Manager Koch explained the lease amendment was a housekeeping issue, i.e. a portion of the leased property, owned by the city, would be used for the bridge access road water /sewer project. The amendment to the lease would remove that portion of the property from the lease. There would be no reduction in lease payments as the old lease cost was set at a figure much less than what would be current fair market value. MOTION: Council Member Smalley MOVED for approval of the amendment to lease to Salamatof Seafoods, Inc. Dock and Adjoining Lease pursuant to the recommendations of City Manager Koch in his memorandum. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM 11: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging Council Member Boyle reported the next meeting would be held on Thursday, January 14, 2010. 11-2. Airport Commission No report. H -3. Harbor Commission Council Member Smalley reported the next meeting would be held on January 11, 2010. Smalley stated he would be unable to attend and Mayor Porter stated she would attend. 11-4. Library Commission Council Member Marquis reported on the meeting held Tuesday, January 5, 2010. H -5. Parks Recreation Commission It was noted the next meeting would be held on January 7, 2010. 11-6. Planning Zoning Commission Council Member Molloy reported the next meeting would be held on Wednesday, January 13, 2010. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No report. -151- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 10 H -7b. Alaska Municipal League Report Council Member Smalley reported he would be traveling to Washington, DC with other AML Board of Directors for training and meetings. The trip would be sponsored by AML and there would be no cost to the city. H -7c. Mini -Grant Steering Committee No meeting H -7d. Kenai Convention Visitors Bureau No report. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions taken by the Assembly at its January 5, 2010 meeting. ITEM 1: REPORT OF THE MAYOR Mayor Porter noted the following: There would be a reception for Governor Parnell at the Visitors Center on Monday, January 11, 2010 sponsored by the city, She, Koch and Council Member Molloy were working with other city residents related to preparation of an All- America City application. Thanked the Parks Recreation Department for the Christmas decorations in the parks, etc. Was pleased to read the Fire Department had applied for a grant to fund costs to hire three additional firefighters. She attended the Don Young open house. She attended the Alumni Hockey game. She and Koch met with the manager of Wal -Mart. They were informed the grand opening was scheduled for early morning of March 31, 2010. Requested an overview of playgrounds be prepared and include needs for improvements or new playgrounds. Reminded Koch of the request for a new podium. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: The All- America City worldng group have discussed ideas and agreed to apply next year in order to complete some current projects and allow more time to prepare the application. It was suggested one person from the city travel to Kansas City to attend the All- America presentations this year. To find a. suitable solution, he would be contacting property owners who were pushing snow onto and were trespassing city property. Requested council to forward suggestions for projects in order to consider them in the upcoming budget process. Reported he would be meeting with Governor Parnell on Monday and with Office of Budget Management personnel on Tuesday. -152- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 11 Reported a presentation by Brad Smith, National Marine Fisheries Services would be held on Thursday, January 14, 2010 at the Kenai Central High School auditorium Noted the Administrative Budget as Transfers information would continually be included as a Information Item No. 2 in the packet. Consultants were working on testing water color. Kenai Central High School would be the host team for the Regional Hockey Tournament. Comments of council included: Thank you to city crews for keeping the streets in good shape. A citizen asked why the graders did not lift gates when plowing close to fire hydrants to avoid burying the hydrants. Thanked the crews for clearing sidewalks in the city. Citizen contact stated concern the fire hydrants on Lawton Drive were buried in snow. J -2. Attorney City Attorney Stearns reported: She was considering attendance at an Endangered Species Act continued education seminar. She received a notice of payout on the KCVB building radiant heating class action case. It was expected the payoff would be completed by July. She was investigating collection matters. Porter suggested reminders be forwarded to those commission /committee members who meet on a quarterly basis prior to packets being sent. J -3. City Clerk Clerk Freas reminded Council of the Board of Adjustment Hearing scheduled for January 21, 2010, beginning at 6:30 p.m. She noted, the information packets for the hearing were available in their office mailboxes. ITEM K: DISCUSSION K -1. Citizens (five minutes) Barbara Buckman, 1109 Colonial Drive, Kenai Commented on the Compact and referred to an article she submitted in which the writer expressed his disbelief of climate change. Mike Mendenhall, 4700 Sockeye Circle, Kenai Stated he would be out of town on January 20 and encouraged Council to remove the City of Kenai as a signatory to the Compact. It was noted, the council had not signed onto the Compact because the resolution had been scheduled for reconsideration and that Mendenhall's comments would be made a part of the record. -153- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 12 Susan Smalley, 105 Linwood Lane, Kenai Stated she agreed with evaluating the playgrounds and need for additional playgrounds in the city; she noted there were two sides and many facets to the discussion of the Compact; and, noted the need for respecting each other's opinions. Heidi Chay, 3306 Cetacea Lane, Kenai Agreed with the need to respect opinions, the Compact was a difficult issue; proposed to postpone action and hold public hearings on what people could do in the city and households, without discussing cap and trade, and focus on what could be done that reflected climate changing and envisioning the economy after oil. Dennis Gifford, 312 Rogers Road, Kenai Stated he felt the message was overlooked; did not disagree about reduction of CO2 emissions; did not think the Compact represented the area; there was a need to include more stakeholders, including industry, in the discussions; and opposed the resolution supporting the Compact. Mike Beck, 406 Lawton Drive, Kenai Commended Molloy for the resolution; felt the resolution was fairly presented; and, agreed with everything in it except the cap and trade. Mark Schrag, 312 Princess Lane, Kenai Stated he appreciated the comments, thought the postponement was the best solution, and felt collaboration would bring the best solution. Jackie McGahan, 517 Maple Drive, Kenai Stated he appreciated the ability to discuss and comment and felt the Compact and cap and trade would be detrimental to the community. Kate Vey, 34506 Commerce Street, Soldotna Thanked Molloy for presenting the resolution; would like to have the Compact passed but felt there was need to discuss it; felt renewable energy development important; wanted to keep the dialog open; and, supported the Compact resolution. MOTION: Council Member Molloy MOVED to add to the record of the public hearing, or the series of public hearings that may be held on the issue, the testimony of all those who gave public comment at this time (to be part of what council would consider). Council Member Smalley SECONDED the motion. Council Member Eldridge requested UNANIMOUS CONSENT. VOTE: -154- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 13 There were no objections. SO ORDERED. A request was made for all the testimony to be placed on the webpage under "hot topics." K -2. Council Smalley Thanked the public for staying and speaking at the end of the meeting and added, regardless where one was on the issue, being able to speak was what democracy was about. Hopefully, the dialog that was held and would be held would work toward a solution. Eldridge Thanked the people for attending and he appreciated the input and added the importance of the oil industry to the community and how the industry impacted the state. Reminded all of the economic development forum to be held on January 14 -15. Johnson Thanked the public for attending and stated she was impressed by the testimony presented. Marquis Thanked the public for speaking and felt there were good points made on both sides. He apologized for the confusion as a public hearing had not been advertised. He voted against taking public testimony boo 114P h wanted to see the issue on the record with all people notified. Molloy Stated reconsiderations were not done often; felt there were really good comments given at the end of the meeting which was very informative; reminded all there would be an additional public hearing on January 20, 2010; and more information had been submitted since December 16 that the public had not been able to review. Thanked all for their patience. Boyle Apologized for the confusion; the government needed to operate under strict rules; it was not his intent to restrict people from speaking; the motion to postpone would allow people to speak; and, it was councils responsibility to uphold the rules to be fair to everyone. Referred to information included in the packet related to costs involved for a wind energy project for a city building. Porter Stated she did not do anything wrong at the beginning of the meeting; she conducted the meeting as normally conducted; she consulted with the city attorney; when the city clerk made the recommendation to not allow this to happen, that it was not in the code; it was not in the code that it could not be done; what she did was not -155- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 14 illegal; and, she did nothing that was incorrect: Thanked all for coming and added, if more infon was received, it would be helpful for council's deliberations. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. (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 adjourned at approximately 9:02 p.m. Minutes submitted by: Carol L. Freas, City Clerk "The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcom.e of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -156- tie dfr of KENA ALASKA TO: FROM: Carol L. Freas, City C erk DATE: January 14, 2010 RE: REQUEST FOR INFORMATION Mayor /Council Members Way with a Past, Gc with a Future' 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM You requested I search old records to find references to liaison appointments to the Kenai Visitors Convention Bureau in order to learn when such appointments began. While no formal appointment was found indicating an exact date the city initiated a council liaison to the Bicentennial Commission /Kenai Visitors Convention Bureau, there is discussion of a council member attending KVCB board meetings as early as August, 1988. The following information was gathered with copies attached: 1. May 6, 1987 Council Meeting Minutes, page 12 Item (j) Comment the mayor would be meeting with members of the Historical and Old Town Committees to form a Bicentennial City of Kenai Committee. 2. July 15, 1987 Council Meeting Minutes, page 10 Item H -7 Comment that referred to the "new Bicentennial Commission." 3. October 7, 1987 Council Meeting Minutes, page 7 Item (9) Comment noting "he would like to create a Kenai Bicentennial Commission for 1991; hoping to sunset the Old Town Committee; and, an ordinance would be prepared to amend the code to include the formation of a Bicentennial Commission, 4. October 21, 1987 Council Meeting Minutes, page 11 Item H -4 Notation of Ordinance No. 1239 -87 amending the Kenai Municipal Code and establishing a Kenai Bicentennial Commission. 5. July 20, 1988 Council Meeting Minutes, page 11 Item D -5 Comments indicating the changing of Bicentennial Commission into a private board of directors for the Kenai Visitors Convention Bureau, 6. August 17, 1988 Council Meeting Minutes, pages 1 -2 Item C -1, Ordinance No. 1278 -88, amending the Kenai Municipal Code to repeal Kenai Bicentennial Commission, -157- Note: Council Member Monfor's comments indicate she was the Council representative to the Bicentennial Commission at that time. Council Member Bailie's comment indicates a council work session was scheduled for August 24, 1988. 7. August 17, 1988 Council Meeting Minutes, page 9 item 5 Comment indicating consideration for the council to continue a council member's limited overview of the bicentennial group and report to council, keeping a place on the council agenda for "Visitors and Convention Bureau Report." 8. August 24, 1988 Council Work Session Information /Work Session Notes of July 28, 1988 Page 2 of what appears to be a memorandum of agreement, signed by presidents of both the Kenai Visitors Convention Bureau and Kenai Chamber of Commerce (no page 1 was found in the packet information). Discussion indicates the formation of a Bureau Board, integrating Bicentennial Committee members into the Board. 9. October 5, 1988 Council Meeting Minutes, page 21 Item H -15 Comment by Council Member Monfor indicating she had attended a Bicentennial Convention and Visitors Bureau meeting. 10. December 16, 1992 Council Meeting Minutes, page 8, 9 item H -5 Assignments of council member liaison (this was the first meeting agenda found where there had been a formal appointment of liaisons to council meetings) indicate Council Member Monfor assigned to the bicentennial Board. 11. October 19, 1995 Council Meeting Minutes, page 13 Item H -4 Discussion item to assign council liaison positions. Comment from Council Member Bookey stating he would like to stay on as the Harbor Commission liaison and wanted to take over the Kenai visitors' Center in place of Council Member Monfor. clf Attachments -158- KENAI CITY COUNCIL RAT V, 1;07 PAGE 12 Pk. and water i sewer down Beaver Loop Rd. Council agreed to meet June 8 at 7s00 PM. b. The Bicentennial Constitution Comm. has asked the High School shop to construct panels to display the State Constitution and City Charter. The panels will cost $1,900. Finance Director Brown noted there is $2,600 left in the Legislative Professional Services budget and some in Legislative IG. It has to be by resolution. The Code says transfers have to be by resolution or telephone poll. Councilman Measles suggested this be put under Federal Revenue Sharing. Mr. Brown said there is $40,000 to $50,000 available. Council agreed to put this in Federal Revenue Sharing. c. He asked Council to schedule a short work session May 13 to review the City brochure. Council agreed to the meeting. d. May 16 is the Veterans Memorial ground breaking ceremony. Vice Mayor Measles will attend for Mayor Williams. e. The Bicentennial Constitution Comm. asked the State for copies of the State Constitution. They said we could copy the Constitution but they did not have any extra copies for distribution. He is making arrangements to have the Borough printer do it. f. There is a vacancy in the Library Commission. He will contact Carol Brenckle if she is interested. Council agreed to the appointment. V. He purchased a lamp ($65) for the Chinese delegation when they visited Kenai. The Governor is interested in purchasing urea from Unocal in 1988. We have a sister -State relationship with this province. Council agreed to repay the Mayor for the cost of the lamp. h. He wanted to go to Juneau May 14 through 19 for Mayor's meeting and Legislative sessions. Costs will be $830 for transportation. Council agreed to the cost. i. Wasilla became the official Constitution City. (Item 1 -3) What is the significance of 5 year commemoration? Councilman Ackerly replied the Bills of Rights was signed in 1791. He noted 1991 is the bicentennial year of Kenai. Our Bicentennial Constitution Comm. work is done. He is going to meet with the Historical Committee and the Old Town Committee to form a Bicentennial City of Kenai Committee. Be asked anyone with good ideas, members or funding to notify him. Be will be in Fairbanks June 5 through 7, not at City expense. 1. The Chamber of commerce had a seminar this date on promoting development. 86,000 people in Alaska are associated with military and Federal Govt. They put ;2,900,000,000 each year in the economy. $2 Billio. back to the Federal Govt., $900 Milli ays here. The government and KENAI CITY COUNCIL JULY 15, 1987 Page 10 can come back every time they have a major project. He explained, fish tax collected by our processors in Kenai is split 50% by the State, 25% Borough, 25% City. Finance Director Brown explained, they apply to the State for credit, the State approves. If the City wants to, they can get the City portion. If the City takes no action, they are not getting anything. Mr. Brighton noted if we do not get the law changed, Salamatof wall be back. vice Mayor Measles 'raked, if we approve this, will it weaken our position? Mr. Brighton replied he did not think it will have any bearing. We are asking that the State get 50% and we get 50% inside the City; outside the City, the State gets 50%, the Borough gets 50%. Councilman Malston said we should send a letter to Columbia Ward explaining why we are not taking action. Council agreed to the suggestion and took no further action. H -6 Disc. AK -Korea Business Council Trade Show, Korea Nov. 28 to Dec. 5 Councilwoman Monfor said she did not think there was anything we can do that the State cannot do. Council took no action. H -7 Approval Comm /Comm Secretary Contract FY 88 Councilwoman Monfor said we should take into consideration that we now have Airport Commission, Economic Development Commission, Harbor Commission and rs, new 'nicentemnai Commnission. It is nw ney we11 spent. It ha ta i l oad off Adminis She has appreciated completed minutes in the packet There is ders, the a lot of work involved. Councilwoman Bailie said because of the City's volunteers we have saved money. We have tried other things like tape recor ITI minutes were late. She feels she knows what is going on when she reviews the minutes. It does exceed the budget, but does Council feel it was effective? ONc Councilwoman Bailie moved, seconded by Councilwoman Monfor, to accept Peninsula Postal bid. councilman Maiston said he has been on commissions without a secretary, you lose continuity. Clerk Whelan explained, the bids came in much higher than budgeted, this would be $23 to $40 per hour. City Manager Brighton said the person who had the bid last year did an excellent job. He suggested we negotiate. -160- KENAI CITY COUNCIL OCTOBER 7, 1987 PAGE 7 sessions for Capital Improvement Projects, meeting with the lobbyist and meeting with the legislators. Council agreed to the followings Oct. 22 Work Session, CIP Oct. 23 Work Session, CIP Oct. 26 Public Hearing, CIP Oct. 27 Public Hearing, CIP Nov. 2 Meeting with Lobbyist Nov. 6 Meeting with Legislators NOTEs Meeting with Legislators has been changed. 9. He would like to create a Kenai Bicentennial Commission for 1991. He hopes to sunset the Old t Town Committee. Re had a meeting with the Old Town Committee and the Kenai Historical Society. Council agreed to have an ordinance prepared for the Oct. 21 meeting. He explained a commission would be more meaningful than a committee, with better direction. There will be sub committees with facets of the Bicentennial. Members of the commission will serve as chairmen of the committees: Lands, finances, needed structures, gathering cultural and historical data. It may cost $500,000 to $1 Million. He will ask for State and Federal grants. The Commission will take 3 months to prepare goals and objectives. It is also the bicentennial of the signing of the Hill of Rights. This will develop tourism. The City has taken several years to develop their buildings, it is time to move forward into other areas towards the historical and cultural aspect of the City. Historical items in the area are gradually disappearing. It could be for the entire Cook Inlet basin. No one else is doing this. Peggy Arness (Stevens- muxkowski -Young office) said we have the backing of the Federal Legislators. Claire Swan said Cook Inlet Region Inc. (Native Assn.) is interested in joining. He felt the State and this city have yet to see their finest years. We have been so involved in Prudhoe Bay we have not done anything ins TransAlaska gas pipeline, ANWR, developing Westsak field (4,000 wells to be drilled), Beluga coal fields, Red Dog Mine, Green Mining Co. All will begin between 1991 and 1993. 41 He noted the Homer "wish list" (Info 95) of $56.5 Million. we will not ask for this much, he would like to be in the $12 -$15 Million category. 9. (oontd) Councilman Ackerly asked if there would be a residency requirement in the Kenai Bicentennial Comm. Mayor Williams replied he will ask to have it deleted. Councilwoman Monfor suggested asking Alan Boraas and Claire Swan to serve. Mayor Williams added he may ask for more than 7 members. Councilman Ackerly suggested having a local artist produce limited edition prints to sell. Council agreed to the preparation of an ordinance. 11. He suggests tour of the City for the incoming Council sriedsbbta. !Sear CITY COUNCTL OCTOBER 21, 1987 PAGE 11 B -4 Ordinance 1239 -87 Amending KMC Establishing Kenai Bicentennial Commission MOTION: Councilman Measles moved, seconded by Councilwoman Mentor, to introduce the ordinance. Councilman Measles asked if there is a need for a sunset clause as the Bicentennial is 1991. Mayor Williams explained, if we develop a major facility, they may have to continue. Councilman Measles noted it would need a name change at that time, it would be a new commission. Mayor Williams asked that they wait till 1992. Motion passed by unanimous consent. H -5 Games of Monte Carlo Application Eagles MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to approve the application. Motion passed by unanimous consent. I. ADMINISTRATION REPORTS I -1 City Manager City Manager Brighton spoke. a. The Kenai Peninsula Caucus statement of Legislative Position distributed this date. Council authorized paying the dues. Be thought they should be informed of their position. it lists dues that are to be paid and who has paid. One resolution the Caucus endorses is Funny River Frontage Rd and a bridge at Sterling. Administration has not sent the dues in yet. He asked the Finance Dept. to hold till the Borough decides whether they will pay their dues. If the Borough pays, we should pay. If they do not, he is not sure it would be appropriate to pay the dues. b. Regarding item Into N5 (Natural Gas for Fairbanks Project). If it is of sufficient size, there may not be a pipeline. c. The Kenai Fire Dept. and the Borough Fire Depts. have acquired the State Fire Fighters and Fire Chiefs convention Sept. 19 through Sept. 24, 1988. They have put a balanced budget together without a request from the City. We will help if needed. There will be 200 -300 people. d. I£ the new Council members want to set a time to meet in the City Hall, they will have a brief orientation with Dept. heads. He will also schedule a tour of all facilities for Council. Atty. Rogers noted Code books will be provided for new Council members. 1 -2 Attorney -162- REHAI CITY COUNCIL MINUTES July 20, 1988 Page 11 D -2 Airport Commission Councilwoman O'Reilly reported no meeting 0 -3 Economic Development Coumniesian Mayor Williams reported that the Commniesion and Council had a joint work cession regarding tourism, RV parks, etc. 0-4 Harbor Connisaion Mayor Williams reported that the chairman of the Harbor Camnissicn, Mr. paesnei.end the.Mayor will.be travelling to Anchorage on Saturday morning to attend a Porte Alaska meeting. Mr. puesnel will also be speaking with the Corps of Engineers office regarding the City dredging project. Councilwoman Bailie stated that at the last Council meeting she had consented to be the representative, however, she has another commitment and needs to be excused. Mayor Williams asked for a volunteer, Councilman McComsey agreed. D -5 Kenai Bicentennial Commission Mayor Williams: In referring to the memorandum that was sent to the Cowonineion and included in Council packet I have suggested taking a now existing shell corporation created sevarel years ago for the purpose of creating a Visitors and Convention Bureau and turn that into the private, non profit corporation an the holding agent for the Bioentenniei Commission. And further that we fund that corporation on a one -time basis. The intention and first priority is that the corporation executive director perpetuate that position through grants and funding from other sources, as well as the situation of also joining with Soldotna on the bed tax question, and direct grants from the Division of Tourism. At this time, the only way I see the Bicentennial Commission functioning well and be a viable force, hopefully Leading to e much broader tourist industry is to function as a private non- profit corporation for the ability to accept funds for cultural and heritage centers of things of that nature. Councilwomen Bailie: I think its a great-ides and I. would like to Bee the Council get behind it and move ahead. Mayor Williams: If the rest of the Council thinks this is an appropriate idea, I will thecae it with the City Attorney to determine the proper avenue of moving the Bicentennial Conmission into this private non -profit corporation and removing it as an entity of the City. The Council agreed and plane will move ahead. -163- KBNAI CITY COUNCIL Minutes REGULAR MEETING AUGUST 17, 1988 7 :00 P.N. COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ,QRDER 2. Pledge of Alleg 3. Roll Call Present: Mayor Williams, Bailie, Ncconsey, Monfor, O'Reilly, Warner Absent: Measles 3. Agenda Approval Agenda approved as submitted 4. Consent Agenda Agenda approved ae submitted B. SCHEDULED PUBLIC COMMENT None PUBLIC HEARINGS 1. Ordinance 1278 -88 Amend Kenai Municipal Code, Title 1 Heneal Kenai Bicentennial Commission MOTION: Councilwoman Monfor moved for adoption of Ordinance 1278 -88, seconded by Councilwomen O'Reilly Mayor Williams called for commente from the public. Fr. Targoney: 1 would appreciate the City Betting the membership of the Kenai Visitor and Convention Bureau. Mayor WiLliems distributed -a letter Pram the Chamber of Conmerce regarding the membership. .Councilwomen Monfort _I was the council.repreeentative to the.. Bicentennial Commission and it is with mixed feelings that I see it eunsetting this early. but I_thlnk_what.ie .coming.up will even better so we need to put some things on hold in Old Towne. -164- 'Kl?7AI -CITY COUNCIL 'AUGUST 17, 1968 PAGE 2 Councilwoman Bailie: The''lettar states "they are looking for a work session and since this is tied to that we might be able to set a time now. The Council set August 24th at 7:00 p.n. in the Library conference room. Motion passed unanimously by roll call vote 2. Ordinance 1279 -88 Increasing Rev /Appns F®daral &a venue Sharing $332.551 NOTION; Councilwoman O'Reilly moved adoption of Ordinance 127988, seconded by Councilwoman Bailie. Mayor Williams called for public comments, there were none. councilwoman Swarner: Regarding the parks and exercise equipment. Do you have pictures of the equipment? Answer yes. Councilwoman 8warner: How much space will it take up and where are you planning to install it? Answer Erma Director McGillivray: It will be in the weight /exercise room. The space it would take up is minimal and won't create a problem. Councilwoman Bwarner: I went and looked yesterday and did not feel there wee that much space available. Will you have to get rid of any equipment to make room? Answer no. councilwoman Bwarner: It says that its purpose is to increase the heart rate. Director McGillivray: It is computer monitored and is being used in different places. It is a type of exercise that can be used by both young and older. The elderly should get en approval by a doctor prior to use. There are instructions. councilwomen Swarms:: I have a big problem spending 15,000 for a piece of equipment in a department that lout $20,000 last year in revenues. Mayor Wi111ams asked Councilwoman Bwarner how she arrived at that figure. Councilwoman Bwarner answered that it mime from the Finance Director's figures. Finance Director Brown: That was a reduction from the prior year. Councilwoman Warner: Is there a charge for the uae7 Answer, there is a $3 charge for the use of the room. councilwoman Bailie: Ie this similar to a motorised treadmill? Answer yes. councilman McCommey: I have a hard time with Councilwoman swarner's comments. I didn't feel that the City was trying to make money from the Rec Center, I thought the facility was a good program for the citizens to get exercise. This is probably "one" of the only facilities in the- City that makes any- money whatsoever. Does the library pay for itself? I think this is a -good thing- end -I think it would. be- worth_it.-. -165- MENAI CITY COUNCIL AUGUST 17, 3.988 PAGE 9 r MOTIONL Councilman McComeey moved to send a member of the Commission to the State Harbor Masters meeting, seconded by Councilwoman O'Reilly. VOTE: Motion passed by unanimous consent 5. Kenai Bicentennial Commission Mayor Williams: Normally the report would be given at this time, I wonder if it would be appropriate for the Council to continue a limited overview of the bicentennial system by asking our member who will probably still be a member of that group to report on whet is happening with the Visitors and Convention Bureau. If so we could retitle this item to "Visitors and Convention Bureau Report". was inspired by Mr. Walter Annenberg's (sic) retirement speech in which he managed to sell the TV Tines publication and in his statement he said he was now going to lend his wealth to more philanthropic efforts in trying to give away a considerable amount of his estate to organisations and promotional purposes. With permission of Council it might be timely for the City of Kenai to become acquainted with the gentleman. 6. Library No meeting until next month. 7. Recreation Commission No report until next month. Councilwoman Bailie noted the lights on the fountain are not working. Director McGillivray will take care of it. Councilman MoComeey: I believe Commissioner Biekawitoh has been transferred out of state. As he has served for many years I believe he deserves some recognition for his efforts. Councilwoman Bwarner: I have a complaint about the latrines at Cunningham Park. Do you regularly go through all the rest rooms on a scheduled basis? Director McGillivray: There is a schedule. The last time they were pumped we had run cut of the flowery type Bubatance. We have it new and it was been placed yesterday. Councilwoman.8warner: Will they be cleaned by the end of the season? Answer yes. Director McGillivray: There ie always a problem.._ All .outdoor ,latrinee ere_like that. I don't have the man power to clean rest roans every day, perhaps we should: The crown check them at least once a week. As far as a thorough cleaning, every two to three weeks. -166- KENAI VISITORS 6 CONVENTION BUREAU August 16, 1988 Page 2 addition, the Executive Director would prepare and maintain records of all Board meetings and implement action as required and directed by the Board of Directors. The Executive Director would coordinate a promotional plan for the Bicentennial Cele- bration along with the solicitation of organizations to select Kenai as their site for their meetings and /or conventions. The priorities of the Board of Directors and the Executive Director would be: (1) the coordination and development of the upcoming Bicentennial Celebration (1791- 1991); (2) the solicitation of conventions and meetings to the City of Kenai; and (3) the promotion of the City of Kenai, in coordination with the City of Kenai and the Kenai Chamber of Coerce. The Board of Directors and the Executive Director would also work diligently to eecurt and obtain long -term funding for the Visitors Convention Bureau that would allow for future promotion and development of the tourism industry after the culmination of the Bicentennial celebration. However, in order to assure that the Bicentennial celebration would be successful and of great pride to our community and to our citizens, we would request a commit- ment from the City of Kenai of its on -going participation in funding for the Visitors Convention Bureau, at least through June 30, 1991. After review of this material, we respectfully request a work session be scheduled with the members of Council and representatives of the Visitors Convention Bureau, at your earliest convenience. We hope that the above information may be of some assistance in your deliberations end we look forward to a successful and beneficial association of the Kenai Visitors Convention Bureau and the City of Kenai. KENAI VISITORS CONVENTION BUREAU I.LIAMS, PRESIDENT -167- r° Sincerely, KENAI CHAMBER OF COMMERCE I v Pi R ALD A. MAL TON, PRESIDENT KENAI CITY COUNCIL /KENAI BI CONVENTION BUREAU JULY 28, 1988 3:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING -168- IAL COMMISSION /VISITORS i Mayor Williams: We don't want just a Visitors G Convention Bureau, we must include the Bicentennial. We need a bicentennial stamp from the post office. He suggested a Bicentennial Committee of 5 members, it would roll over to a promotional bureau. He asked Atty. Sutcliffe to prepare an ordinance for the Aug. 3 meeting to sunset the Bicentennial Commission. He further proposed all present commission members be members of the Board. It ie easier to get funds as a' private board. We are looking at funding from private organizations, such as CIRi. We will need an agreement between the City and the Board. Present: John Williams, Sally Bailie Council Sue Carter, Bob Williams, Ron Malston Visitors Convention Bureau Janet Ruotsala, Ron Sutcliffe Administration Bob Cowen, George Ford, Bred Braun, Jim Carter, Pat MoComsey, Sharon Williams, Laura Measles, Ron Rainey, Jackie Oberg, Rhonda Webb Sue Carter explained the Visitors Convention Bureau Bob Williams is Director, members are Roger Holl, Gene Collins and Sue Carter. It is a non- profit status, a nine member board is proposed, there is $500 in their account. It was set•up to utilize grant funds. They are nominated and elected by the Chamber Board. Bob Williams: Their intent was to make a board of businesses involved with tourism. They have been held back by a lack of funds. Councilwoman Bailie: She contacted Anchorage i Juneau tourism boards. Their boards are elected by membership of the chambers. The Mayor can name 3 positions on the Board. They have bed taxes. Anchorage has 25 board positions. The categories are: a) activities, b) community, a) financial profit, di food service, el government, f) lodging, g) retail, h) services, i) transportation tours. There is a maximum of 4 from each category. Anchorage has a $2.1 Million budget, Juneau 4310,000. Mayor Williams: They have proposed an ANL convention here, it should bring in $1 /4 Million. Councilwoman Bailie: $150 income per day for each convention in Juneau. Councilwoman Bailie suggested 4150,000 from the City, with a full time director, equipment, travel, and -169- KENAI COUNCIL, BICENTENNIAL COMMISSI JULY 28, 1988 PAGE 2 TORS fi CONVENTION start -up funds. We could have a bed tax, but we need Soldotna with us. The Borough will have to instigate this. The City wants to collect their own, as a first class city, they can do this. Mayor Williams: We have a $244,000 for a bond payment and $8,000 for tax payments in unexpected City expenditures. We need a report from Finance Director Brown regarding where we stand now. He suggested the first job of the director would be to seek funds. Councilwoman Bailie: Tourism is the 02 industry in the State, Kenai has done nothing to promote tourism. Ron Malsten: Sue Carter Bob Williams can put together a figure for start -up.' The Chamber 'feels we can put a board together and make it work. George Ford; What is the relationship between the Board and the Chamber? Bob Williams: The intent was to have the Board made up of tour related people, but funded by the Chamber. Bob Cowan: In setting up the Board, we should be careful with the wording. "Facility" is wrong, the easiest way to get a facility is to make it a museum. Mayor Williams: The City can act as pass- through with funds, we may have land for the Board to use. Jim Carter: There is a tourism promotion law #478) that gives 50% of the program by grant. Mayor Williams: We will want a discussion of funding and appropriating ordinance for Sept. 7 meeting, with public hearing Sept. 21. We may be able to ask the Borough for a 3 way split. Jackie Oberg: We are setting up a non profit organization. You have to have seed money to start. You may need 3 years to establish credit for grants. Sharon Williams: If you try to tag anything with civic center on it, it is the kiss of death. The public is against this. Mayor Williams: We are hoping to split with Soldotna on the AND meeting. They have the hotels, we can have the small meetings. Councilwoman Bailie: We could use the Kenai El school. George Ford: We reviewed 3 potential sites. Is the City willing to help provide with City property? Mayor Williams: I have not discussed with Council, but Council is enthused with the Bicentennial and no major KENAI COUNCIL, BICENTENNIAL CORMISSION, VISITORS CONVENTION JULY 28, 1988 PAGE 3 facility will have to be developed. Bob Williams: Re hopes to discuss with RNA and CIRI regarding the use of F&W land. ADJOURNMENT: Meeting adjourned at 4 :05 PM. Janet Ruotsala City clerk -170- KENAI CITY COUNCIL MINUTES OCTOBER 5, 1988 PAGE 21 City Manager Brighton: I think the public works department needs to go to HEA first, bring that information back to you and see if it still sounds reasonable and than at' that point follow the suggestions. Council agreed to Melt until public works returns with result of a meeting with HER. 8 -14 Added item: Capital Projects Mayor Williams: Regarding sewer lines to Tbompeon Park. It may be worth while for the City of Kenai to ask for $2 million instead of $1 million if we were to garner $1 million for a sewer project we have $500,000 that have been reappropriated that..could_be_ueed. We also have another $200,000 that we could pull out of the sewer plant fund. It has been indicated that the extension of the main' line from Swiree Road to the Eagles would run $1.2 million. I would like to see us hold back $100,000 to take care of cleaning up the water. The public works department should be just about ready to present us with a plan. Councilwoman Monfor: le administration still formulating a survey to send to the Thompson Park residents? City Manager Brighton: No, we are not as yet. If you would like it formulated we can start tomorrow or the next day. We had it under discussion at the last meeting. Councilwoman Monfor: I think we should Bend it out because if they're not willing to pay then I can't nee taking it out there. ADMINISTRATION REPORTS H-15 Added Item: Councilwoman Monfor: We had a Bicentennial Convention and Visitor's Bureau meeting an Monday. They will have at least a two paragraph statement Baying what those monies will be used for, probably by the first of next week, 1. Mavor a. The Harbor Commission is changing their meeting dates to the second and fourth Monday of the month. The next meeting is October 17th which has a public hearing already set. Harry Eldridge: We are trying to get it set for about ten days prior to the Council meeting to give staff time to get material between Commission and Council. b. Landscape Review Board is in need of two persons. Recreation --1t Commission needs two and you have approved.thosa. c Regarding the_memo concerning the Economie Recovery Project meeting on 10/14/88. One of the Council members expressed -171- Kenai City Council Meeting Minutes October 19, 1995 Page -13- Williams asked Keith Kornelis, Public Works Director, to justify the need for the snowblower. Kornelis said the idea came from Mark Johannsen, Street Foreman, who felt he could do a better job with the new blade which would be directly under the sand truck and could put pressure on the ice. Kornelis said this equipment would be very similar to the one on the airport Osh-Kosh truck for putting grooves in the ice. He said they didn't think of requesting it at budget time. Councilman Bookey stated he would rather see these items come before Council at budget time, but that he would support the request now. AMENDED MOTION on Item H 2 Councilwoman Swarner MOVED to amend the motion to include the additional $1,000 to Blazy Construction for the storage shed. Councilman Smalley stated the intent of the motion is to make the funds available if they are needed; if not used, they should go back into the general fund. The purchase order should not be increased by $1,000, explained Councilman Bannock. Councilman Measles stated the money has been appropriated, but it should not be on this purchase order. Councilwoman Swarner withdrew the motion to amend. There were no objections to the main motion. 60 ORDERED. H 3. Ordinance No. 1667 95 Increasing Estimated Revenues and Appropriations by $1,355 in the Senior Citizens Borough Special Reve Fund for the Purchase of a Sound /PA System. Approved by consent agenda. H 4. Discussion Assignment of Council Liaison Positions to Commissions, Committees and Boards. Mayor Williams said he would begin with the most senior member of the Council. He asked Councilman Measles where he would like to serve. Measles stated he would stay with the Airport Commission. Councilwoman Swarner elected to stay with Council on Aging and the Beautification Committee. Councilman Smalley chose to stay with P &Z. Councilman Bookey said he would stay with Harbor Commission and would like to take over the Kenai Visitors' Center in place of Chris Monfor. No objections stated. Councilman Bannock stated he would like to stay with Parks Rec and would stay with the Townsite Historic Board. Councilman Moore will be liaison to the Library Commission and help out with the Townsite Historic Board. -172- 'Kenai City Council Meeting Minutes October 19, 1995 Page -14- Mayor Williams told Councilman Moore to feel free to attend any or all Commission meetings at any time if he wants to. Clerk Frees will provide Moore with a list of Commission meeting dates and times. Mayor Williams stated the City Manager will continue to meet with EDD. H 5. Discussion Alaska Aerospace /Challenger Learning Center. Mayor Williams said he talked with Pat Ladner recently. He said Ladner asked if Council is going to do a study so it can ask the Legislature for $1 million to develop the Challenger Learning Center. Williams told Council the time to do the study is very short. He said, to develop the study, support is needed from the educational community, the tourism community, and the EDD community. He said his concern is that we will get the $1 million. He said he's not sure he is comfortable asking the City to match that amount toward developing a "major entity, a new enterprise" under the auspices of the City of Kenai at this time. Williams stated we are moving into a critical phase in the State in regards to the economic situation. Williams said he believes the Challenger Learning Center is one of the "greatest technological enterprises" the City could enter into, but he said he's not sure about the timing. Mayor Williams said he can't get the money. He said we could do an RFP to have the EDD do the study, but we have to put money up because he can't get money from Ladner or AEDA to do it. He said it would take at least $10,000. Councilman Bookey asked how much support have we gotten from Ladner in the past. Williams said the support will be there if we show we can get the money. He said Ladner's concern in the past was that the City of Kenai would interfere with his funding for the launch site, but that is done. councilman Bannock stated his support for the Challenger Learning Center. He said this project is a "sure fire winner," and he would like to see the City use it's own resources -not EDD's -to make it work. Councilman Bookey stated the first decision has to be if whether the City is willing to commit $1 million to the project. He said there is no point in doing the study otherwise. He also asked if Council is ready to spend $10,000 for EDD to do the study in the time frame necessary. Williams said they wouldn't get paid if they don't. Councilwoman do the study. for bid, but feasible for Swarner asked if there are options other than EDD to There was discussion about putting the study out time is a problem. Councilman Bannock asked if it's us to do the study. Mayor Williams said he wouldn't -173- KENAI CITY COUNCIL MEETING MINUTES DECEMBER 16, 1992 PAGE 8 Approved by Consent Agenda. ITEM F: None. ITEM G: None. ITEM H: H -1. Bills to be Paid, Bills to be Ratified MOTION: CORRESPONDENCE OLD BUSINESS NEW BUSINESS Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H -2. Purchase Orders Exceeding $1,000 MOTION: Councilman Measles MOVED for approval of the purchase orders exceeding $1,000 and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H 3.Ordinance No. 1524 92 Increasing Estimated Revenues and Appropriations by $421 in the Senior Citizens- Borough Special Revenue Fund. Approved by Consent Agenda. H 4.Ordinance No. 1525 92 Increasing Estimated Revenues and Appropriations by $447,150 in Two New Capital Project Funds for Airport Equipment. Approved by Consent Agenda. r H 5.Assignments Councilmembers as Commission Representatives. T he following Council representative assignments were made: -174- .irport Commission Measles Library Commission Monfor Parks Recreation McComsey Planning Zoning Smalley Beautification Swarner Council en Aging Swarner. Townsite Historic Bookey Bed Tax Bookey Harbor Commission Bookey Bicentennial Board Monfor KENAI CITY COUNCIL MEETING MINUTES DECEMBER 16, 1992 PAGE 9 Williams stated he will attend the EDD and Peninsula Caucus meetings and any necessary appearances before the Kenai Peninsula Assembly. Williams requested Council to find interested citizens to be involved in commissions and committees. Contact the Clerk for applications. H 6.Approval Assignment of Lease /Lot 3, Block 4, General Aviation Apron Erik Barnes d /b /a Barnes Enterprises to James F. Adolf. MOTION: Councilman Measles MOVED for approval of the Assignment of Lease, Lot 3, Block 4, General Aviation Apron from Erik Barnes, d /b /a Barnes Enterprises to James F. Adolf. Councilwoman Swarner SECONDED the motion. Smalley asked Attorney Graves if it would be a conflict to vote on the matter if in the past he worked for the man and received a pay check from him. Graves stated no. VOTE: There were no objections to the motions. SO ORDERED. H 7.Set Public Hearing Final Assessment Roll /Set Net Drive and Set Net Court. MOTION: Councilman Measles MOVED to set the date for public hearing on the final assessment roll of Set Net Drive and Set Net Court for the regular Council Meeting at City Hall of January 20, 19923. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. H B.Discussion Reduction in Rent Requests H- 8(a).Orca Gifts Airport Terminal -175- var KENAI, ALASKA MEMO: "Village with a Past, C/ y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 illllf 1997 TO: City Council pl FROM: Rick Koch DATE: January 14, 2010 SUBJECT: Boards, Commissions and Committees, Council Ex- Officio Members /Consultants The City of Kenai presently contracts with four entities to provide facility management services. The facilities which are managed under contract are the Kenai Visitors and Convention Center (KVCC), the Fire Training Center, the Kenai Recreation Center, and the Kenai Multi- Purpose Facility (MPF). Two of the contractors are non profit corporations, and two are for profit. KMCC 1.90.010 provides: Creation All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chairman and vice chairman shall be selected annually and shall be elected from and by the appointed members. The Mayor and one Council Member elected by the Council as ex- officio members and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City administrative staff shall attend all meetings of boards, commissions and committees and supply staff support. Each of the facility management contracts is managed by the administration and the contractual point of contact is the city manager. Of the four facility management contracts administered by the city manager, the KVCB is the only contractor with a Council ex- officio member /consultant to the board of directors. There -176- has not been direct Council involvement with the board of directors of the entities managing the remaining three city facilities. Structurally, having a Councilor act as an ex- officio member /consultant to a contractor who is party to an agreement managed for the city by the city manager is a conflict. Even without a conscious effort to do so, a Councilor as an ex- officio member of a contractor's board of directors becomes an advocate for that organization. This can, and has, resulted in confusion on the part of the contractor as to whom it needs to communicate with and /or be accountable to the Councilor or the city manager. Additionally, conflict can arise between a Councilor and the city manager, especially when the administration is negotiating a contract or resolving an issue which requires a clear and definitive process. Administration respectfully recommends that the policy of Council be limited to what is provided for in the code and that there is not a Councilor elected as an ex- officio /consultant to contractors whom are managed by the city administration. Administration further recommends that if Council desires to have closer communication /knowledge of the activities of the board of directors of the KCVB then administration will assign a staff member to attend the board meetings and provide a report to the city manager who will in turn provide the report to Council. Thank you for your attention in this matter. -177- -J CO 5 J co 0 0 o 0 o o LL ui O w0 Z W W y 2 Z a Z z 7 a U z z w U z co w 0 0 w a 5 LO cd rn c co m r -178- V W F z 0 0 1 z c+t p N 0 0 vi Z 6, Itt re w O u. to 0 W O Z O w w E Q U M O a cc a F— E 0 0 0 z 0 w E in a 0 w p tot -179- ITEM 8: REPORTS a. Council on Aging Chair b. Di rector c. Council Liaison COUNCIL ON AGING ANNUAL MEETING JANUARY 14, 2010 KENAI SENIOR CENTER 4:30 P.M. AGENDA ITEM I: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY December 10, 2009 ITEM 5: PERSONS SCHEDULED TO BE HEARD a. Gemma Smith, RN Public Health ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion Goals for 2010 b. Discussion Accreditation ITEM 9: QUESTIONS COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. City Council Action Agendas of December 16, 2009 and January 6, 2010. ITEM 12: ADJOURNMENT -180- ITEM 1: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: MOTION: MOTION: ITEM 4: MOTION: COUNCIL ON AGING ANNUAL MEETING JANUARY 14, 2010 KENAI SENIOR CENTER 4:30 P.M. CHAIR JOANNE HOLLIER, PRESIDING AGENDA APPROVAL MEETING SUMMARY CALL TO ORDER ROLL CALL Chair Hollier called the meeting to order at approximately 4:40 p.m. Ro confirmed as follows: .,s E fTI 42 WY evp n 1A LA T ST eon' A n, a/at Va V v a art a! A WYn F! '1 irZ1J%LA. Chair Fullinck took the gavel and continued with the meeting. -181- ras J. Hollier, L. Flowers, E. Jones, V. Geller, B. Osbo L. Nelson, M. Milewski, R. Fullinck None Council Member M. Boyle and Senior Director R. Craig Member Jones MOVED to approve the agenda as presented and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. Member Geller MOVED to nominate Ron Fullinck as Chair and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. Member Milewski MOVED to nominate Geller as Vice Chair and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY December 10, 2009 Member Hollier MOVED to approve the meeting summary of December 10, 2009 and Member Flowers SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD 5 -a. Gemma Smith, RN Public Health Ms. Smith was unable to attend the meeting Instead, Peggy Berry spoke related to the "Vial of Life Program" which encouraged people to place a list of medications in an empty medicine vial, along with emergency information, name of patient, and place it in the refrigerator where it would be found by paramedics if needed. It was noted, empty vials are available through Wal -Mart, at health fairs, doctor offices, etc. ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion Goals for 2010 The membership was encouraged to suggest goals at the next meeting, along with pros and cons to their regard. 7 -b. Discussion Accreditation Director Craig explained, there were only two senior centers in Alaska with accreditation. If the City of Kenai Senior Center would move forward with applying for accreditation, there would be a need to collect information from community members with regard to what could be done to improve the Kenai Senior Center. Subcommittees may need to be formed. The accreditation could be one of the membership's goals for 2010. ITEM 8: REPORTS 8 -a. Council on Aging Chair Chair Fullinck thanked the membership for electing him chair. 8 -b. Director Director Craig reported a transportation meeting would be held on January 19, 2010 and a debriefing from the meeting will be held on January 20, 2010. 8 -c. Council Liaison Council Member Boyle stated he was there to represent the Council on Aging. ITEM 9: QUESTIONS COMMENTS Chair Fullinck infoiiiied the membership he would be absent from the February meeting and Vice Chair Geller would chair the meeting. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None. -182- COUNCIL ON AGING ANNUAL MEETING JANUARY 14, 2010 PAGE 2 ITEM 11: INFORMATION 11 -a. City Council Action Agendas of December 16, 2009 and January 6, 2010. ITEM 12: ADJOURNMENT MOTION: Member Jones MOVED to adjourn and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 5:52 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk -183- COUNCIL ON AGING ANNUAL MEETING JANUARY 14, 2010 PAGE 3 KENAI AIRPORT COMMISSION JANUARY 14, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY December 10, 2009 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion /Recommendation Arctic Barnabas Ministries Lease Application b. Discussion Airport FY11 Budget ITEM 8: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for December 16, 2009 and January 6, 2010. b. Airport Manager's Report November and December 2009 c. December 2009 Enplanement d. FAA Alaskan Region Airport Improvement Program FY1982- FY2009 e. "An Airshow Incident" Article from Airshow Professional 2010 Magazine f. Begich Press Release Dated December 10, 2009 Begich Secures Commitment on Alaska's Flight Service Stations" ITEM 12: ADJOURNMENT -184- KENAI AIRPORT COMMISSION JANUARY 14, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR H. KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: ITEM 3: MOTION: MOTION: ITEM 4: MOTION: AGENDA APPROVAL J. Zirul, J. Bielefeld, H. Knackstedt, L. Porter, E. Mayer, R. Rogers, and G. Feeken None Airport Manager M. Bondurant and Council Member J. Moore Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ELECTION OF CHAIR AND VICE CHAIR Commissioner Zirul MOVED to nominate Henry Knackstedt as Chair and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. Commissioner Zirul MOVED to nominate Larry Porter as Vice Chair and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY December 10, 2009 Commissioner Mayer MOVED to approve the meeting summary of December 10, 2009 as presented and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. -185- Zirul Yes Bielefeld Yes Knackstedt Yes Porter Yes Mayer Recused Rogers Yes Feeken Yes ITEM 5: PERSONS SCHEDULED TO BE HEARD None ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion /Recommendation Arctic Barnabas Ministries Lease Application /Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Subdivision. Commissioner Mayer recused himself from discussion or vote on the issue due to his relationship with Arctic Barnabas Ministries. There were no objections. Comments of the Commission included: Good to see the lease process work in a timely fashion. If the previous lot had gone back to the City, why was a "For Sale" sign posted on the lot. MOTION: Commissioner Zirul MOVED to recommend Council approve the lease application for Arctic Barnabas Ministries for Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Subdivision. VOTE: MOTION PASSED UNANIMOUSLY. 7 -b. Discussion Airport FYI 1 Budget Airport Manager Bondurant gave a progress report on the FY 11 budget and noted, the city manager and finance director would attend the February meeting to discuss airport finances. ITEM 8: REPORT 8 -a. Commission Chair No report. 8 -b. Airport Manager Airport Manager Bondurant reported the following The FAA 139 Certification Inspectors were at the airport for the week. They were busy with ice control on the airport. 8 -c. City Council Liaison Council Member Moore reported the following: -186- AIRPORT COMMISSION MEETING JANUARY 14, 2010 PAGE 2 The city manager had not received a response from Schilling with regard to the request for a lease extension. Stated he believed the "For Sale" sign should be removed from the previous Arctic Barnabas lease lot. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Porter Requested "Medallion Foundation /Flight Simulator" be included on the February agenda at "Scheduled Public Comment." Council Member Moore Requested "Parking Revenues" be included in the Airport Manager's Report. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS 11 -a. Kenai City Council Meeting Action Agendas for December 16, 2009 and January 6, 2010. 11 -b. Airport Manager's Report November and December 2009 11 -c. December 2009 Enplanement 11 -d. FAA Alaskan Region Airport Improvement Program FY1982- FY2009 11 -e. "An Airshow Incident" Article from Airshow Professional 2010 Magazine 11 -f. Begich Press Release Dated December 10, 2009 Begich Secures Commitment on Alaska's Flight Service Stations" ITEM 12: MOTION: Carol L. Freas, City Clerk ADJOURNMENT Commissioner Bielefeld MOVED to adjouin and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED, There being no further business before the Commission, the meeting was adjourned at approximately 7:40 p.m. Meeting summary prepared and submitted by: -187- AIRPORT COMMISSION MEETING JANUARY 14, 2010 PAGE 3 KENAI HARBOR COMMISSION MEETING JANUARY 11, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY December 7, 2009 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS a Discussion FY 11 Draft Budget b Discussion 2009 Dip Net Report ITEM 7: NEW BUSINESS ITEM 8: REPORTS a. Director b. City Council Liaison ITEM 9: COMMISSIONER COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of December 2 and 16, 2009. ITEM 12: ADJOURNMENT -188- Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: ITEM 3: MOTION: MOTION: MOTION: KENAI HARBOR COMMISSION MEET JANUARY 11, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER as ROLL CALL Chair Thompson called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: P. Morin, B. Osborn, T. Thompson, W. Niederhauser G. Foster and B. Peters Parks as Recreation Director B. Frates and Council Liaison, Mayor P, Porter A request was made to add Critical Habitat for Cook Inlet Beluga Whales as New Business, Item 7a. Commissioner Osborn MOVED to approve the agenda with the addition of Item 7a, t Crii Habitat for C Inlet Beluga Whales for d ab+ for Coll .a uga vV r discussion and Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED. ELECTION OF CHAIR AND VICE CHAIR Commissioner Morin MOVED to nominate Tom Thompson as Chair and Commissioner Niederhauser SECONDED the motion. There were no objections. SO ORDERED. Commissioner Morin MOVED to nominate Bill Osborn as Vice Chair and Commissioner Niederhauser SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY December 7, 2009 -189- Commissioner Osborn MOVED to approve the meeting summary of December 7, 2009 as presented and Commissioner Niederhauser SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD None ITEM 6: OLD BUSINESS 6 -a. Discussion FY11 Draft Budget Director Frates reviewed the draft budget which had been presented at the December 7, 2009 meeting and requested suggested changes to the document. Discussion followed during which an explanation was given related to budgeting for a gate and a request was made for the commission to preview tide books prior to them being published. 6 -b. Discussion 2009 Dip Net Report Frates noted the following items: Two changes to the report included since the Commission's last review, i.e. expenses of $7,500 to KCHS Nordic Ski Team for beach clean-up and dumpster costs. The Commission discussed fees for local residents and justifying extra revenues generated. Discussion followed with comments including: The Dip Net Association had been putting pressure on the State to play a larger role, particularly with regard to the Kasilof River. Parking was a huge issue needing to be solved, as well as fish waste and clean of fish. Question asked whether fist clearing on the beach could be eliminated. Mayor Porter noted she and the city manager had been working with the governor on issues including enforcement, data management, and fish waste. Other comments included: The Commission supported a fee increase of $5,00 and continued to support an increase. The City needed to protect its investment and cover any potential liabilities. Someday the fishery would most likely be managed based on escapement much like commercial fishing. ITEM 7: NEW BUSINESS 7 -a. Discussion Critical Habitat for Cook Inlet Beluga Whales -190- HARBOR COMMISSION MEETING JANUARY 11, 2010 PAGE 2 It was announced a presentation would be made by Brad Smith, National Marine Fisheries Services would be held on Thursday, January 14, 2010 at the Kenai Central High School Auditorium Discussion followed, with comments including: Concern of impacts to the Inlet and the mouth of the Kenai River as development and use of the mouth could be impacted to some degree. Written questions could be forwarded at the presentation and everyone was encouraged to attend. Question of how long it took for a single organism to be designated as endangered. A second presentation would be made in the future when public testimony would be taken. ITEM 8: REPORTS 8 -a. Director Frates thanked the commission for its work and stated he looked forward to the Marine Fisheries presentation. 8 -b. City Council Liaison Porter reviewed items of interest and actions taken at the January 6, 2010 council meeting. ITEM 9: COMMISSIONER COMMENTS /QUESTIONS Morin Noted he had several students interested in helping to protect the Kasilof dunes as part of a Caring for the Kenai project and suggested some orange fencing could be donated by the City for that use. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None. ITEM 1 I INFORMAL TION I1 -a. Kenai City Council Action Agendas of December 2 and 16, 2009. ITEM 12: ADJOURNMENT MOTION: Commissioner Niederhauser MOVED to adjourn and Commissioner Morin SE CONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:20 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk -191- HARBOR COMMISSION MEETING JANUARY 11, 2010 PAGE 3 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JANUARY 5, 2010 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY December 2, 2009 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS a. Discussion Library Expansion Project Update b Discussion FY2011 Budget Update ITEM 7: NEW BUSINESS a. Discussion Yearly Review of Goals and Objectives b. Discussion Consideration of Service Charges /Handling Charge ITEM 8: REPORTS a. Director b. City Council Liaison ITEM 9: COMMISSION COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of December 2 and 16, 2009. b. Alaska Library Construction Projects /Schedule of State Funding Requests ITEM 12: ADJOURNMENT -192- KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JANUARY 5, 2010 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Bryson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: M. Graves, C. Brenckle, E. Bryson, K.Glidden, S. Harris Commissioners absent: R. Peters Staff present: Library Director M. Joiner, Council Member R. Marquis A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the .agenda as presented and Commissioner Harris SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Commissioner Brenckle MOVED to nominate Eileen Bryson as Chair and Commissioner Glidden SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Brenckle MOVED to nominate Kimberly Glidden as Vice Chair and Commissioner Harris SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY December 2, 2009 MOTION: Commissioner Brenckle MOVED to approve the meeting summary of December 2, 2009 and Commissioner Harris SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD None -193- ITEM 6: OLD BUSINESS 6 -a. Discussion Library Expansion Project Update Library Director Joiner reported on the progress of the library design, noting the schedule of meetings would lead to the project going to bid in May 2010 and Capital Projects Manager Kevin Lyon is working to reduce the cost of the project. 6 -b. Discussion FY2011 Budget Update Joiner reported on the draft budget, noting maintenance contracts for software and a portable inventory and circulation device would be included. ITEM 7: NEW BUSINESS 7 -a. Discussion Yearly Review of Goals and Objectives Joiner reviewed the Goals and Objectives for 2009 and requested the Commission have suggestions and changes to her prior to the next meeting (February 2, 2010) 7 -b. Discussion Consideration of Service Charges /Handling Charge Joiner reviewed handling charges included in the service charges for the library and noted staff and the public felt they were too high. MOTION: Commissioner Glidden MOVED to recommend handling charges be removed from Library Regulations and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: REPORTS 8 -a. Director Joiner reviewed the monthly library report. 8 -b. City Council Liaison Council Member Marquis reported on the library expansion project and the presentation to the City by the Friends of the Library of monies for the expansion at the December 2, 2009 City Council meeting. ITEM 9: COMMISSION COMMENTS /QUESTIONS Harris noted she hoped to add more to the goals at the next meeting Brenckle congratulated the new chair and vice chair -194- LIBRARY COMMISSION MEETING JANUARY 5, 2010 PAGE 2 Glidden reported she looked forward to working on the Commission. Bryson reported she hoped for public input on the library goals and objectives. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION 11 a. Kenai City Council Action Agendas of December 2 and 16, 2009. 11 b. Alaska Library Construction Projects /Schedule of State Funding Requests ITEM 12: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Glidden SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:40 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -195- LIBRARY COMMISSION MEETING JANUARY 5, 2010 PAGE 3 the cif KEMAL ALASKA TO: FROM: Carol L. Freas, City k DATE: January 15, 2010 RE: APPOINTMENT TO LIBRARY COMMISSION clf Attachments Mayor /Council Members fi Villaye with a Past, Ci y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM At the January 6, 2010 meeting, Council reappointed members to various commissions and committees. In the information presented, it was noted Kathy Heus resigned from the Library Commission. The Library Commission now has one vacancy. Attached are copies of applications recently submitted by Jessica Isenman- Bookey and Craig Fanning. Ms. Isenman- Bookey has indicated her interest in being appointed to the Library Commission and Mr. Fanning has indicated interest for appointment to any commission or committee. -196- PC' k3 ax:4040 Kenai CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED JAN -62010 KEPIM CITY CLERK DATE: 0 "0(0c /0 NAME: de S'4irl J T Bents{ l.- o �LJ Resident of the City of Kenai? es How lo Residence Address 157 Z T0907i 1,2.)0(2-1 Mailing Address Home Fax No. Business Telephone No Business Fax No. Email Address: Heel r C. a May we include your contac eb p o7 ALL If not all, RETURN TO KENAI CITY CLERK 210 FIDALGO AVENUE KENAt AIK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 years Home Telephone No. 283 -S70s EMPLOYER: Job Title NAME OF SPOUSE: Current membership in organizations: ar love LaysL p:tr 1IlM ll b tie d +Mi' s�irti'r7�iY ar Past organize t Pa S7 kSfr "S P74- SecYe-ar -5 COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Kenai L) ?r y I,0n1mj DO YOU WANT TO BE INV ha 6 _s 5' ,r1o/ a n r'arl1c11-, ray rnh he ref,'fra .tv TIM an -1 c! 1,i se—r— s r f r 10 LVED WITH THIS COMMISSIO d endue. volt!rrleer raJor-/C in hnmefnwn -/x73' User- OR COMMITTEE? nc arl k G r m fn c.pirc; i th i, staP,t @oa.! s thaf r`S fha. Penal Ld-ar j. A s WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? DATE: AME: Me uy o/ NENA ALASKA NAME OF SPOUSE: I 1 ?UCA14 r Awt N‘.7 Current membership in organizations. Past organizational memberships: Si -198- CITY 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 JAN 1 1 2010 KENAI CITY CLERK PHONE: 283 -7535, EXT. 231 FAX: 283-5068 Resident of the City of Kenai? Ye How long? 5 vC Residence Address C)() 3 DJ i'3,2.GsS DRXIIfs Mailing Address ?O. a 1 Y Home Telephone No tp f 3- (6 7 2 Home Fax No. Business Telephone No 7 y 3 b g 7 9 Business Fax No. '-1091 Email Address CAC PA 4. f,gyvN 1 n16 -t'4:. Sr4IUa-7 May we include your contact information on our web page? ALL If not all, what information may we include? Vi r EMPLOYER: nl r (1/ .24... 4 i N-'J Job Title j) teen- /git5 T COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? (,-ri v 1 i✓� J ekeaL ib NV on nn ;Ai( r -c- StfOa n St57 -0 1 C C0= WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? fl-"o 1 9109] r 617 rnN via ¢.NT CGrt- 330 KENAI PARKS RECREATION COMMISSION JANUARY 7, 2010 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY October 1, 2009 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS a. Discussion Dip Net Report ITEM 7: NEW BUSINESS ITEM 8: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 9: ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE T! 4RD ITEM 11: COMMISSION QUESTIONS COMMENTS -199- INFORMATION a. City Council Action Agenda Items from December 2 and 16, 2009. ITEM 12: ADJOURNMENT KENAI PARKS RECREATION COMMISSION JANUARY 7, 2010 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR DALE SANDAHL, PRESIDING ITEM 1: CALL TO ORDER ROLL CALL Chair Sandahl called the meeting to order at approximately 7:10 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: ADD TO: MOTION: ITEM 3: MOTION: MOTION: ITEM 4: MOTION: AGENDA APPROVAL MEETING SUMMARY Commissioner Kiefer requested the following addition: A. Hull, D. Sandahl, K. McDonald, L. Magiera, J. Beeson, F. Kiefer T. Wortham Parks 86 Recreation Director R. Frates, Public Works Director W. Ogle, Council Member M. Boyle 7 -a. New Business Gym Floor and Tent Campground Commissioner Kiefer MOVED to approve the agenda with the addition and Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. ELECTION OF CHAIR AND VICE CHAIR Commissioner Hull MOVED to nominate Dale Sandahl as Chair and Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. Commissioner Sandahl MOVED to nominate Al Hull as Vice Chair and Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY October 1, 2009 -200- Hull YES Sandahl NO I McDonald NO Worsham ABSENT Magiera NO Beeson YES Kiefer YES I Commissioner Hull MOVED to approve the meeting summary of October 1, 2009 as presented and Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD None ITEM 6: OLD BUSINESS 6 -a. Discussion Dip Net Report Parks Recreation Director Frates reviewed the dip net report included in the packet, noting the increase for beach cleanup that had been added since the Commission's last review. Gus Sandahl, Kenai Police Chief Reviewed items discussed in the December 8, 2009 work session, including parking along South Forest Drive, use of Lofstedt's property, alcohol usage, beach permits for driving, and fish waste. Frates noted the recommendation to raise the parking fees by $5.00. Commissioner comments included: Did not have an issue with fee increase considering the amount of fish people catch. Opposed increasing fees unless additional money went to a beneficial use such as the Boys and Girls Club. Believed justifying where the additional money went was important for the public to know. Requested a special meeting for February 4, 2010 to discuss fees and set legal opinion on local fee exemption and requested the City Manager attend to discuss fees and the City Attorney attend to discuss exempting local citizens from fees. MOTION: Commissioner Hull MOVED to leave fees for dip net parking as they are currently and Commissioner Kiefer SECONDED the motion. VOTE: MOTION FAILED. ITEM 7: 7 -a. Discussion Gym Floor and Tent Campground NEW BUSINESS PARKS RECREATION COMMISSION MEETING JANUARY 7, 2010 PAGE 2 -201- Commission requested the gym floor and tent campground issues should be added to the February 4, 2010 special meeting agenda since they were two signature items discussed in the budget work session. ITEM 8: REPORTS 8 -a. Commission Chair None 8 -b. Director rates noted there would be a public presentation on the endangered species listing presented by Brad Smith from National Marine Fisheries Service on January 14, 2010 at 6:00 p.m. at the Kenai Central High School auditorium. 8 -c. City Council Liaison Council Member Boyle reported his interest in assisting the Commission achieve their goals and noted his personal interest in a campground, drift boat pullout, in addition to pocket parks and a trail system. ITEM 9: COMMISSION QUESTIONS COMMENTS Beeson thanked the City of Kenai for their support of Kenai Central High School. ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD Kristine Schmidt, 513 Ash Avenue Suggested the Commission look at lots throughout the City that could lend themselves to development as pocket parks, noting a lot at Fourth Avenue and Forest Drive and one at Fifth Avenue and Ash Avenue. Pat Porter, Mayor Reported Administration had been tasked with looking into all parks and playgrounds and corning up with a plan for additions. Char Sardahl noted a review of parks was a good idea but sho id include eliminating parks if warranted. ITEM 11: INFORMATION 11 -a. City Council Action Agenda Items from December 2 and 16, 2009. ITEM 12: ADJOURNMENT MOTION: Commissioner Beeson MOVED to adjourn and Commissioner Hull SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:30 p.m. PARKS RECREATION COMMISSION MEETING JANUARY 7, 2010 PAGE 3 -202- Meeting summary prepared and submitted: Corene Hall, Deputy City Clerk PARKS RECREATION COMMISSION MEETING JANUARY 7, 2010 PAGE 4 -203- RE: the cif of KNA ALASKA TO: FROM: DATE: clf Attachments Mayor /Council Members Carol L. Freas, City Cle. January 15, 2010 V ilaye with a Past, a with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM -204- REAPPOINTMENT /APPOINTMENT TO PARKS RECREATION COMMISSION At the January 6, 2010 meeting, Council reappointed members to various commissions and committees. At that time, no response had been received from Todd Wortham, whose three -year term to the Parks Recreation Commission ends this month. Mr. Wortham's updated application was received January 7, 2010 and a copy is attached for your information. Additionally, Mr. Gary Oliver submitted an application for appointment to the Parks Recreation Com.mission in October, 2008 and the application has been on file in this office. In speaking with Parks Recreation Director Frates, who recently spoke with the applicant, Mr. Oliver indicated he is still interested in being appointed to the Commission. A copy of Mr. Oliver's application is attached for your information, FROM RIVER 01 TV DENTAL <607 >336 -0064 DATE: I (o k NAME: Frpa36(;1 Resident of the City of Kenai? Residence Address _I 42 1 Mailing Address \1/4.)-a €O (TNU )JAN 7 2010 6:13I$T "Village with a past City with a BACKGROUND AND PERSONAL CANDIDATES FOR APPOINTMENT COMMI COMMISSIONS Home Tele2.hone No. Home Fax No 3 4 Business Telephone No 3 -03c Business Fax No. Email Address: May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYER: i iL.0 -le 3.34 Job Title 11 �ot 1 ti aGP NAME OF SPOUSE. "�\r', S j e_ Currentkmembership in organizations: 6'r V.—, e s c tu.+ 634 n 4 't 4 or Past organisational memberships: y 5 te5. ``2..e_ 0 arc. p4 1c12.4.3n; COMMITTEES OR COMMISSIONS IN WRICH YOU ARE INTERESTED: a k` WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? {1Z1 wt te c7 Al. o .�X tiai�tl..� 0 n cQ crt D WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, CO ION OR COMMITTEE MEMBERSHIP? xrl na: e (0 vrs 4664036 P 1 RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 263 -7535, EXT. 231 FAX: 263.5066 the c ur KENAI. KI! DATE• Q NAME: VFl gl D 1 g Resident of the City of Kenai? '165 CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED T OCT 62008 N rine CLERK Residence Address 870 52 P%-k+ �21 RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 How long? _c2. 1 n. Mailing Address 6 Stt Home Telephone No. a3"&) 74,57 Home Fax No. Business Telephone No Business Fax No. Email Address: 3 I.�) c L d t pt A l i t skA o n. t'- May we include your contact information on our web page? ALL If not all, what information may we include? AIRMi gciaRkSs p Arms t.lJcointot -g' EMPLOYER: 6 P X A Job Title,t ge j is iS 14,u 1441 1 NAME OF SPOUSE: 3I Cy Current membership in organizations: KV'h4i Li /Ilt. La- ut /7RKS 6 r [)%ad� ,eS Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED• PAR CMS DO YOU WANT TO BE IIVUO R'F i C. MMI SION COMMITTEE? EIAJE WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, CQMMISSION OR COMMITTEE ME1rBERSHIP? Ccls/tivir0J SY�v'£. /US /Tt I- +1 P.AMkrtA t1 „If irk r f /A4 1. CALL TO ORDER: a. Roll Call b. Election of Chair Vice Chair c. Agenda Approval d. Consent Agenda e. *Excused Absences *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. *December 9, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10 -01 Sprucewood Glen Subdivision No. 1.0 A resubdivision of Sprucewood Glen Subdivision Lots 1 -3 KN2007 -21, Tract C KN 2004 -54 Tract F -1 A KN 84 -240. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska, 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: a. Lease Application Arctic Barnabas Ministries, Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Subdivision Discussion/Recommendation 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 13, 2010 7:00 p.m. 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Zoning Bulletin (I l /1.0/09, 11/25/09 12/1.0/09) b. Kenai River Center Project Applications Stone (Pillar's Boat Launch) Y Pacific Star Seafoods (Kenai River) c. Yearly Reports 2009 P &Z Resolutions -207- Agenda January 13, 2010 2009 Code Enforcement 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -208 Page 2 ITEM 1: Vice Chair Romain called the 1 -a. Roll Call Roll was confirmed as follows. Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -b. MOTION: MOTION: MOTION: CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 13, 2010 7:00 P.M. VICE CHAIR SCOTT ROMAIN, PRESIDING CALL TO ORDER MINUTES Election of Chair 8s Vice Chair eeting to order at approximately 7:00 p.m. K. Koester, S. Romain, R. Wells, P. Bryson, K. Rogers, J. Brookman J. Twait (Excused) City Clerk C. Freas and Council Liaison R. Molloy The floor was opened for nominations for the election of chair. Commissioner Brookman nominated Jeff Twait for chair with Commissioner Koester seconding the nomination. Commissioner MOVED to close the nominations and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. The floor was opened for nominations for the election of vice chair. Commissioner Wells nominated Scott Romain with Commissioner Rogers seconding the nomination. Commissioner MOVED to close the nominations and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Agenda Approval -209- Commissioner Wells MOVED to approve the agenda with the additional information listed as: request for excused absence from Commissioner Twait and 11x17" plat and aerial photo related to Item. 4 -a. Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Brookman MOVED to approve the consent agenda as presented and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Added information included the January 13, 2010 email transmission from Commissioner Twait requesting his absence be excused. ITEM 2: APPROVAL OF MINUTES December 9, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None. ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ10-01 Sprucewood Glen Subdivision No. 10 A resubdivision of Sprucewood Glen Subdivision Lots 1 -3 KN2007 -21, Tract C KN 2004 -54 fx Tract Fe- IA KN 84 -240. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. City Planner Kebschull reviewed the enlarged aerial and plat maps which were added to the packet at the beginning of the meeting. Kebschull also reviewed the staff report included in the meeting packet, noting the following: The plat, if approved, would reconfigure five lots owned by two separate owners. The properties were zoned General Commercial. All the lots met the required lot size for the zone. The lots were accessed from the Kenai Spur Highway and access agreements for access and egress were recorded and a copy on file with the City. The planned development for Lot 1 -A could encroach into the setback which would be addressed when a building permit was submitted. The plat, if approved, would enlarge former Lot 1 for a new proposed building creating Lot IA; would reconfigure former Lots 2 and 3 to maintain access to PLANNING ZONING COMMISSION MEETING JANUARY 13, 2010 PAGE 2 -210- Koester Yes Romain Yes Wells Yes Twait Absent Bryson Yes Rogers Yes Brookman Yes the highway, creating Lots 2A and 3A; would enlarge Tract C to encompass the private access easements for the Three Bears Store and create Tract C -1; and, would decrease Tract FIA by removing the private access easement for the Three Bears Store and create Tract F. A retention basin was currently located on Tract F1A. The proposed plat met all requirements of the Code. Administration recommended approval of the plat with the requirement that all property owners would be listed on the plat (which was also required by the Borough). The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. MOTION: Commissioner Wells MOVED to approve Resolution PZ10 -01 with the staff recommendations included. Commissioner Brookman SECONDED the motion. Commission discussion followed including the following comments: Question of whether the City had been requiring the inclusion of water /sewer line locations on plats. Kebschull answered no, only easements had been noted, however the water utilities were to be noted on the Aspen plat. Requiring locations of water /sewer lines could be requested. It was noted a 50' utility easement with sewer and water mains were located in that area which were major links in the system. The Water /Sewer Department would be requested to review the plat and would be asked if the easements covered the necessary water /sewer mains. The information could be added or corrected on the final plat. The road used to access the area from Walker Lane was a recorded access and utility easement with cross access agreements in place. MOTION TO AMEND: Commissioner Bryson MOVED to amend to request that staff investigate as to whether municipal water /sewer lines should be shown on the plat. Commissioner Brookman SECONDED the motion. VOTE ON MOTION TO AMEND: MOTION PASSED UNANIMOUSLY. PLANNING ZONING COMMISSION MEETING JANUARY 13, 2010 PAGE 3 -211- Koester Yes Romain Yes Wells Yes Twait Absent Bryson Yes Rogers Yes Brookman Yes VOTE ON MAIN AMENDED MOTION: MOTION PASSED UNANIMOUSLY. ITEM 5: ITEM 6: ITEM 7: PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS 7 -a. Lease Application Arctic Barnabas Ministries, Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Subdivision Discussion/ Recommendation Kebschull reviewed the memorandum submitted by the Planning Zoning Department which was included in the packet and noted the following: The lease application, received from Jonathan Peters, d /b /a Arctic Barnabas Ministries, had been referred to the Commission for review and comment pursuant to KMC 21.10.070. The lease would expire in 13 years, however because of the planned development and the cost involved, the lessee was requesting the lease be extended by 35 years, which was allowed by code. Based on the application, Administration had found the application met the Airport Land Use Plan, the Comprehensive Plan, and zoning requirements. The Airport Commission would review the lease at its January 14, 2010 meeting. MOTION: Commissioner Wells MOVED to recommend to council the approve the lease application to Arctic Barnabas Ministries, Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Subdivision as it met the criteria of Title 21. Commissioner Rogers SECONDED the motion. The floor was opened for public comment. Henry Knackstedt, 1602 Barabara Drive, Kenai Knackstedt noted he was the Chair of the City's Airport Commission and suggested the Commission may want to incorporate into its motion the additional terms recommended by the Assistant to the City Manager and Airport Manager. PLANNING ZONING COMMISSION MEETING JANUARY 13, 2010 PAGE 4 -212- Koester Yes Romain Yes Wells Yes Twait Absent B son Yes Ro•ers Yes Brookman Yes Koester Yes Romain Yes Wells Yes Twait Absent Bryson Yes Rogers Yes Brookman Yes MOTION TO AMEND: Commissioner Koester MOVED to amend the motion to include the two recommendations made by Christine Cunningham, Assistant to the City Manager as: the lease rate be adjusted to reflect the eight percent (8 rate of return adopted by Council in 2007 and the rate adjustment cycle be changed to reflect a five (5) year adjustment with years ending in zero (0) or five (5), making the next renegotiation due in 2015. Commissioner Brookman SECONDED the motion. VOTE ON MOTION TO AMEND: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. ITEM 8: ITEM 9: REPORTS PENDING ITEMS None. 9 -a. City Council Council Member Molloy reviewed the Action Agendas of the December 16, 2009 and January 6, 2010 which were included in the packet and gave brief reports on council work sessions held on January 4 (with local legislators related to the Capital Improvement List and dip net fishery) and January 12 (related to EMS services, staffing, ambulance billing and collections, and credit card acceptance). 9 -b. Borough Planning No report. 9 -c. Administration Kebschull noted yearly resolution and code enforcement reports were included in the packet; a building permit yearly report would be included in the next meeting packet; and, she had been appointed to a Kenai Peninsula Borough task group to review the habitat protection zone on the Kenai River. ITEM 10: PERSONS PRESENT NOT SCHEDULED None. PLANNING ZONING COMMISSION MEETING JANUARY 13, 2010 PAGE 5 -213- INFORMATION ITEMS Zoning Bulletin (11/10/09, 11/25/09 12/10/09) Kenai River Center Project Applications Stone (Pillar's Boat Launch) Pacific Star Seafoods (Kenai River) Yearly Reports 2009 P&Z Resolutions 2009 Code Enforcement ITEM 12: COMMISSION COMMENTS QUESTIONS Wells Noted a Board of Adjustment hearing on the Murrieta appeal would be held on January 21, 2010. Asked the anticipated sales tax revenue to come from the new Wal -Mart store. Molloy noted an estimated amount could be $800,000 -$1 million. ITEM 13: ADJOURNMENT MOTION: Commissioner Brookman MOVED for adjournment and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting adjourned at approximately 7:36 p.m. Minutes submitted by: Carol L. Freas, City Clerk PLANNING ZONING COMMISSION MEETING JANUARY 13, 2010 PAGE 6 -214- CALL TO ORDER Kenai Visitors R. Convention Bureau, Inc Regular Board Meeting November 30, 2009 Jacquie Steckel Presiding MINUTES A. Call to Order and Roll Call Present: Directors Braun, Steckel Nelson, Anderson, Brower, Schmidt, Maltby Also present: Kenai City Councilmember Hal Smalley, Natasha Ala (Executive Director), Rick Koch (Kenai City Manager) B. APPROVAL OF AGENDA The agenda was approved as distributed APPROVAL OF MINUTES Minutes for the meetings of .August and October, 2009 were approved with changes D. PERSON PRESENT SCHEDULED TO BE HEA None E. FINANCIAL REPORT 1. The Finance Committee agreed to meet prior to board meetings and present recommendations regarding the financial statements. UNFINISHED BUISNESS 1, Management Contract with the Ciiy of Ken Steckel and Ala reported that the executive committee had met with the City Manager on November 24 and that the KCVB and the City of Kenai had reached an agreement regarding the contract discussions, Koch presented the Board with a new draft contract at the meeting, written 11/30. All present at the meeting thoroughly reviewed the proposed new contract. Changes in language were discussed and agreed. upon. MOTION: Director Nelson moved to accept the new contract with changes as discussed Director Braun seconded the motion. ACTION: Motion to accept the new contract, with agreed upon changes, passed with unanimous consent, 2. KCVB Board Elections The Board accepted the 2010 election ballet consisting of Marion Nelson running for a three year term. The Board agreed if Matt Strief ageed, his -215- rcvaci I2/2r5 /oct H. J. name could be placed on the ballet as well. Ballets are scheduled to be mailed to the membership the first week of December. i. proposed by -law changes Ala presented the Board with proposed changes the existing by -laws regarding how Directors are seated on the Board. The Board discussed the proposed changes which would allow a slate of candidates be accepted by the Board and no voting would transpire among the membership. NEW BUISNESS New Board Member Requirement The KCVB discussed the need to require new board members. Candidates with experience in finance and law were suggested. REPORTS Executive Director Ala provided an overview of her report. BOARD COMMENTS ADJOURNMENT The next scheduled KCVB Board meeting will take place on Monday, December 28, 2009 -216- REPORT OF CITY MANAGER December Circulation Figures Adult Fiction Adult Non Fiction Periodicals Juvenile Fiction Juvenile Non Fiction Easy Fiction Easy Non Fiction Interlibrary Loan Kenai Community Library Monthly Report January 2010 2,239 Internet Access 1,160 1,432 Music 225 61 P>»zles 690 Videos 289 DVDs 1,188 Audio books 587 Miscellaneous 58 Computer Programs 0 470 2,810 157 7 8 Total Print 6,544 Total Non -Print 4,837 Total Circulation 11,381 In -House circulation Library Door Count 6,933 Downloadable Audio 107 238 The total circulation for December of 2009 was 20% higher than the circulation in December 2008. The Library website had 2,641 visits by 1,699 visitors. 2004 2005 2006 2007 2008 2009 Total Circulation 103781 104406 110364 120601 129711 136272 160000 140000 120000 100000 80000 60000 40000 20000 0 Total Circulation 2004 2005 2006 2007 2008 2009 -218- Total Circulation Ike rily rr HENRL ALAS "Viffag with a Past, Gct with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 263 -7535, Ext. 236 FAX: (907) 283 -3014 TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: January 13, 2010 SUBJECT: Capital Projects Department Project Status Update The status of the projects are as follows: Kenai Community Library Expansion Project Architecture by ECI /Hyer, Inc. Completed Design Development (65 Documents on December 2, 2009. Construction Document phase is currently underway with the first biweekly team coordination meeting completed earlier this month. Budget and construction phasing details are being resolved and the project is progressing on schedule. The Bid Documents will be available for release on March 9, 2010. Bridge Access Road Water Sewer Main Extension Engineered by Wm. J. Nelson Associates. Invitation to bid was advertised on November 30 and seven bids were received on December 30. The Council awarded the contract to North Star Paving and Construction Inc for $3,218,000.80 awarding all four additive altemates on January 6, 2010. The contract is currently out for signature and notice to proceed is scheduled for January 18, 2010. Lawton Drive Water Extension Project Engineered by Wm. J. Nelson Associates. All permits are in place, and the project was advertised on December 28 with bids due on January 28 A pre -bid meeting was held on January 13 This contract is scheduled for council award at the February 3ra meeting. Arsenic Ground Water Study Engineered by HDL with Pilot studies by HDR. Amendment 12 was approved by ADEC and testing began at North Spruce well on January 4 Necessary test data has been gathered and will be analyzed to determine the water treatment process necessary, The test equipment will be moved to Well Two beginning on January 14, 2010 to analyze that water source. -219- Mc c of KENAI,ALASKA MEMO: TO: Rick Koch, City Manager THRU: Wayne Ogle, Public Works Director FROM: Robert J. Frates, Parks Recreation Director DATE: 1 11 3110 SUBJECT: Monthly Report "Vil(aye with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 A total of 109.50 hours were reserved at the MPF for the month of December compared to 82 hours in December 2009. A power surge experienced in early part of December caused complications with the computer boards, which fortunately was able to be corrected. The department has received an estimate for a Microprocessor replacement kit to be considered in the upcoming budget cycle. Lack of snow and icy conditions at the Kenai Nordic Trails have made maintenance efforts challenging. Dave Hernandez has been busy keeping trails conditioned and as safe as possible. The Director submitted quarterly report for Recovery Act grant (South Beach fencing project) and working with Kevin Lyons on project. Director has been working on draft budgets for upcoming budget cycle. Kachemak Electric will be replacing 4 street pole transformers north of the Visitors and Cultural Center to accommodate pole decorations along the Kenai Spur Highway. The department has been seeking cost estimates for skate park components to be added this summer. Jim Russell (Russ's construction) has met with Director Frates and Public Works Director Ogle on the Rec. Center gymnasium floor for assessment and evaluation purposes. Gymnasium lighting upgrades and remodeling of bathrooms are upcoming projects. Director has been communicating with the local competition soccer club for purposes of scheduling a soccer tournament possibly this summer. Kenai Little League is also considering submitting for another Major Boys baseball tourney for July. Department will be scheduling removal of winter pole decorations to be completed week of January 18'". wan blipi am 1992 enat Municipal Airport Airport Manager's Report For January 2010 Airport Projects: Taxiway F, G, H Lighting, Grading, Drainage Improvement: Winter shutdown, Apron Rehabilitation: Winter shutdown. Float Plane Basin Facility Improvement Project: The airport has received the Phase One Float Plane Basin Environmental Site Assessment from American Environmental. It is their opinion that the property is suitable for development with no environmental impacts expected from the identified sources. Annual FAA 139 Certification Inspection: FAA representatives will be at the Kenai Airport from Tuesday, January 12 to Friday January 15 for an annual certification inspection. They will be reviewing ARFF curriculum and training records, quarterly fueling inspection records, airport inspection records, and other areas of the 139 regulations that the airport must comply with. FY11 Budget: We are busy formulating the airport budget. Some of the improvements planned for next year are additional vehicle parking lot landscaping and signage, terminal roof repairs, reiam ping of terminal parking jot lights, and a wind screen for the Pay Parking Station. 10 Annual Kenai Peninsula Air Fair is June 5, 2010. 2009 -12 -221- the oily or KENAv NA Wage with a Past, Gi with a Future' TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: January 12, 2010 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 PUBLIC WORKS DEPARTMENT January 2010 REPORT SUBJECT: Mid Month Report; Public Works Department tI 1992 Public Works Operations Outfitting City of Kenai Police Cars. The Shop is in the process of outfitting two new police vehicles. The mechanical skill and knowledge required to do this work is very impressive. We start out with a plain car. The front seats and part of the interior is then removed to ease the installation of the new equipment. The center console is installed in preparation for part of the items to follow. Hundreds of feet of wiring are prepared so that the radios, antennas, radio repeaters, lights and siren controls may be installed. A multitude of fuses and relays are installed to protect the equipment. Timers are inserted inside the console to prevent the battery from being discharged. Gun lock controls and timers are installed to protect the guns from accidental removal. A map light is installed. The interior cab light is programmed so it will not come on when the door is opened. A camera and microphone system is installed which is integrated into a rear view mirror. This provides the officers with a record of the chase" or evidence being discarded by a suspect. The familiar Red and Blue lights are installed on top with other lights off to the side. All this wiring is run to the control panel. The red and blue lights are controlled by a strobe pack to make them flash. The front of the vehicle is then disassembled. The push bar on front is installed and the siren and driving lights are mounted and wired back to the center console. The cage is installed between the front and back seat. The door handles and locks are removed from the back doors, The radar is installed on the dash and tied into the speedometer. The laptop computer bracket is installed and the laptop computer is mounted and wired into the needed circuits. We are also installing a Drivers License Reader, similar to a credit card swipe machine. With all the equipment installed there is a need to add additional 12 volt outlets to keep everything powered and charged. Throughout the outfitting process detailed wiring diagrams are made and added to the vehicle's records. This will help ensure simpler and faster repairs as they are needed during the Iifespan of the vehicle, An extra set of rims and winter tires are prepped with the air pressure sensors installed. The signature 'City of Kenai' blue police decals are fitted onto the vehicle to give the fully equipped police car look. The equipment is tested multiple times and the car is given a road test. Finally, a unit number is assigned to the vehicle and the Police Department is now ready to put their new police car into service. This in -house outfitting of police cars is very labor intensive. However, the City will reduce the cost per vehicle. It will also expedite future repairs due to the Shop's familiarity with the equipment. The Shop's in- house outfitting of new police cars takes 40 to 50 hours of labor and an additional $30,000 in equipment and labor. The Shop will be outfitting two new police cars this year. The status of previously reported projects is as follows: Projects in winter shutdown: Cabin Relocation Project, Kenai Municipal Airport Rehabilitate Apron 2009 -2010, Kenai: Various Road Improvements 2009 (Baron Park Lane HEA Access South Beach Fence Materials 2010 Project is being planned for a permanent fence (6 "x6 "x8' wooden posts and two courses of 3/8" galvanized chain) for the protection of South Beach Dunes similar to that installed on North Beach. Bid documents are being prepared for the purchase of materials. Kenai Communications Center Ergonomic Upgrade 2009. Project is for the assembly installation of two intensive use 24/7 ergonomic sit -to -stand dispatch workstations and one securable server storage cabinet. The bid was awarded to Write Line, LLC and expected to be installed in March. -222- To: Rich Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: 01/08/10 Subject: December Monthly Report Total December Meal Count 2009 Served: Total Congregate Meals Served: 1,181 Total Home Meals Served: 1,675 Total December Meal Count 2008 Served: Total Congregate Meals Served: 1,243 Total Home Meals Served: 1,708 We were rented three times in December. MEMORANDUM There were 1,149 volunteer hours for the month of December. The administrative assistant and director were recognized for supporting and assisting the Social Security, Seattle Region's Kenai Video Service Delivery Project. Kenai was a pilot program for the social security in hopes of being able to set up similar sites throughout Alaska. Kodiak is another site for similar video /audio service. In January, the Kenai Senior Center will be a host site for the Alaska Commission on Aging's 2010 Senior Legislative Teleconferences. The first teleconference will be held on January 21 at 9:30a.rn until 1la.m. Anyone interested in participating may come and join the group. The seniors participated in Mountain View's "Toys for Children." This is an annual event where individual seniors may donate new toys to the program for kids in need. Volunteer seniors also provided a "Breakfast with Santa." We had 125 kids participate this year. The senior c provided pancakes and Santa visited and families Could have taken Santa. r•-- juice, Santa ",.u.,.,s Cotiiu tiuvo pictures taiticu wiutoanta. The month of December was filled with activities and wonderful entertainment for the seniors. The seniors were entertained by many local groups such as, The Alaska Christian College, Hawaiian Christmas Dancers, Read's Primary School, Riverside Harmonies Group, Forget -Me -Not Band, our own Kenai Bell Ringers, and Kenai Golden Girls Line Dancers. Senior women enjoyed an afternoon of Christmas Tea planned by Patsy Clifford. There was a cookie exchange, and the women enjoyed a quiet festive afternoon of tea and reminiscing of favorite past Christmases. We had a good turn- out for our annual Christmas Party, Christmas Eve Brunch and New Years Eve Party. The seniors will be participating in the "President's Challenge" wellness and exercise program in January. You do not have to be a senior to participate. If you want to participate, contact LuAnn Barrett for information on how to have a great healthy New Year's Resolution! -223- Kenai Police Department To: Rick Koch, City Manager From: Gus Sandahl, Police Chief #5 Date: 1/13(2010 Re: Police Communications Department Activity December 2009 Police handled 526 calls for service. The Communications Center received 88 emergency 9-1 -1 calls. Officers made 52 arrests and wrote 296 reports. Officers only made one arrest for domestic violence, which, like November's zero DV arrests, is remarkable. Traffic enforcement resulted in 262 wamings, 31 speeding tickets, 18 seatbelt tickets, 18 citations for equipment violations, and 70 citations for "other traffic violations, There were 7 DUI arrests (one felony). Police investigated 20 vehicle crashes (3 injury crashes). None of the crashes were DUI related. Seven crashes were vehicle vs. moose (5 of them from mile 4 to mile 8 of the Spur Hwy; and 2 on Bridge Access Rd). In the schools, SRO Mitch Langseth handled 3 calls for service involving criminal offenses, and handled 2 other calls for service, At KMS he participated in the ongoing mentorship program with 3 students. He taught constitutional law to 60 students at KCHS. He continued to provide weekly DARE instruction to 75 students at Mt. View Elementary. On Dec. 2 Chief Sandahl, Sgt. McBride, Sgt. Langham, and Sgt. Ross attended a three -day Executive Development leadership seminar in Anchorage. On Dec. 7`", SRO Langseth attended 4 days of school violence and liability seminars in Las Vegas, NV. On Dec. 7 Sgt. Ross attended a 5 -day Death and Homicide investigation course in Las Vegas, NV. On Dec. 10, Officer George, Officer Prins, and Officer Miller attended a one -day DUI course in Soldotna. On Dec. 31 (New Year's Eve) officers had a visible presence on the highways, and combined efforts with the Bureau of Highway Patrol to help ensure Central Peninsula highways were safe on this particular evening. Kenai officers did not encounter any intoxicated drivers on New Year's Eve. On December 10`", dispatchers Danielle Braun and Lisa Linegar attended a three day Emergency Medical Dispatch training course in Soldotna. Officers continue to work Click it or Ticket and DUI overtime patrols, reimbursed to the City of Kenai by the Alaska Highway Safety Office, -224- ANIMAL CONTROL REPORT December 2009 2009 2008 2009 2008 STRAY 83 67 ADOPTED 53 64 Dogs 51 40 Dogs 25 27 Cats 30 26 Cats 24 34 Other Animals 2 Other Animals 3 3 RELEASED BY OWNER 56 64 CLAIMED 24 11 Dogs 27 21 Dogs 24 10 Cats 28 41 Cats 0 1 Other Animals 1 2 Other Animals 0 0 D.O.A. 13 5 EUTHANIZED 61 53 Dogs 12 3 Dogs 28 21 Cats 1 2 Cats 33 32 Other Animals 0 0 Other 0 0 TOTAL ANIMALS 152 136 Other Disposition Borough Animals 36 45 Field Investigations 59 63 Total Dogs 90 64 Volunteer hours 43.5 55 Total Cats 59 69 Total phone 595 876 Total Other 3 3 Kennel Permits 1 0 Community Involvement Projects: Some of our adoptable animals were featured in the Central Peninsula General Hospital newsletter. Christi presented basic animal care instructions to the Mountain View Elementary Girl Scouts December 4 -225- Date: January 13, 2010 To: City Manager From: Fire Chief Tilly Subject: Midmonth report INTEROFFICE MEMORANDUM KENAI FIRE DEPAR TMENT The New Year has started off well for the Fire Department. January 1 we implemented the new EMS and records management program that we purchased. This new system is a state of the art system and allows reports to be completed digitally on tough books in the field. All signatures and corresponding paperwork is also stored digitally making us 100% compliant with federal regulation for the storage and transmitting of medical information. We are still involved with doing car seat checks for the public with children and have had a few come in after Christmas. We completed the quarterly airport fueling inspections in the first week of January. We continue to function as a testing site for the State Fire Marshals office for fire extinguisher technicians and have had a few come in the station to take their test since the start of the year. The second week of January we are involved with the FAA airport inspection process so all members are working with the inspector for proficiency testing and checking that all training records are completed. We continue to be involved with the Kenai Peninsula Fire Chief's Association addressing federal and state regulations or mandates that effect our operations and communities. We will be working on a year end report soon to be forwarded through the City Manager. -226- the cy a( KEN \v7 To: Rick Koch, City Manager 1, From: Terry Eubank, Finance Director Date: January 14, 2010 Re: Monthly Report (aye with a Past, C# with a Fistare FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 -283 -3014 The past month has been a busy one with much of the department's focus on the preparation of the FY2010 Budget. Information has been submitted to departments and is scheduled to be returned by January 18 The first draft of the budget is scheduled to be distributed by March 29 Much work and many meetings are needed between now and then. Year end tax information is being prepared for vendors and employees. In addition to budget the department is preparing for insurance renewals. -227- REPORT OF THE CITY CLERK nnn the a 'of KENAI, ALASKA Mayor /Council Members MEMORANDUM TO: FROM: Carol L. Freas, City fyyerk DATE: January 15, 2010 RE: COMMISSION /COMMITTEE VACANCIES Currently, there are vacancies on each of the following commission, committee or board: clf Attachments "Village with a Past, C with a Future Harbor Commission Beautification Committee Personnel Arbitration Board 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us -229- One Vacancy One Vacancy Three Vacancies hectfr K NAI, ALASKA TO: Mayor /Council Members FROM: Carol L. Freas, City Clerk DATE: January 5, 2010 RE. MINI -GRANT PROJECT UPDATES Outstanding Mini -Grant Projects are: clf "Village with a Past, a with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM Grant #4 KCHS Worldorce Development Center /Steel Salmon (missing mini grant report foil(' required to make remaining payment of $50.00). Grant #7 Kenai Chamber of Commerce /Old Town Signage Project (missing mini -grant report form required to make remaining payment of $50.00). Grant #9 Kaleidoscope School of Arts Sciences /Kolor the Kenai II (missing letter of agreement to award the first 90% of award, letter of agreement, and mini -grant report form). Grant #11 Trent Askin /Historic Bench for Senior Civic Project (missing mini grant report form required to make remaining payment of $0.00). Grant #12 KCHS Football Booster Club /Support Our Kenai Kardinals (missing letter of agreement required to award the first 90% of award, letter of agreement, and mini -grant report form). All applicants have received the necessary forms and reminders (if applicable) needed to process the grants. —230 INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 20, 2010 1. 1/20/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. City of Kenai Building Permits 2009 Annual Report. 4. 1/8/2010 C. Campbell letter related to management of the dipnet fishery on the Kenai Peninsula 5. 1/4/2010 J. Clark letter related to "attendance data per grant requirement" for the Boys Girls Clubs of the Kenai Peninsula. 6. 12/09 and 1/2010 Kenai Peninsula Food Bank, Inc. correspondence. 7. 1/6/2010 Commission application submitted by Terry Bookey. 8, 1/19/2010 Kenai Peninsula Borough Assembly Agenda. -232- O In 0 o o o Z W Efl u: (0 0 re 0 W z 0 o O w w J Z IX 0 0 a 0 2 O a 0 U O 0 fr O O co O 0 M o o •cr m 0 0 s N O O N 0 O O 0 Z a 0 O to 0 0 O -233- 0 0 0 04 -234- N 0 0 ft; D O la or T) c c C 2 ti ro O Z To O N z iw bA t To to m C C o 0 P. OE E u. LL t. O C 11 q 4 N E -235- 0 0 0 L. 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E O v L a co ao .3 -241- cu 0 o 0 0 0 O O o 0 O O O 0 O O O O O' d O O o o o O' o o 0 o 0 O 0 0 O o vi 0 vi o in o vi cr m m N N N N it rn 0 0 N 0 0 0 N Building Maintenance Requests 600Z (0 1L8 1991. r6 44 12.171 161. 4n N CO 11p LZ �£L foe �LLL ILLL 19£L 1L3 �Lb4 £Z �64ZL 800Z 1L9 169f 99 £6 L9l- 9 Z 0 9£ 9£ L 147 14L 894 Cb [rm. 0 r- 160Z4 6 ugalln s S'S'd"V Airport Operations Facility 1 Dort Terminal mal Control Shelter I IARFF(Prism) [Buildings1Warm Storage 1 [City Hall Congregate Housing Crew Building suy auldI Fine Arts Center [Library (gllaed asodindpinyil a tiol Parks &Rec -1 [Public Safety Rec Center (B &GC) [Senior Center 1 dohs Visitor Center [Warm Storage 2 Total Requests CU CC CO 4-A co a) L a Z} 0 m c cc c L a) er c a, tia cc 2 CO 0 0 0 0 0 (.0 r r r DO 01 -242- STATE CAPITOL PO Gore 110001 )uneau, Alaska 99811.0001 907 465 -3500 fan: 907. 465.3532 January 8, 2010 Mr. Rick Koch City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mr. Koch, Office of Governor Sean Parnell STATE OF ALASKA Thank you for your letter to Governor Parnell regarding management of the dipnet fishery on the Kenai Peninsula. The Governor has asked me to respond on his behalf and I apologize for the delay in doing so. In your letter, you made several suggestions for improving conditions during this fishery. After consulting with the Alaska Depatutient of Fish and Game (ADF &G) and the Alaska Department of Public Safety Alaska Wildlife Troopers (AWT), I am able to provide the following information. Regarding your request that one or two troopers be assigned to enforce regulations in the personal use fishery and that personnel be assign to fish cleaning stations to monitor compliance and collect data, I have provided. a sumrnary of the enforcement efforts that typically take place. Enforcement in this fishery is a. major focus for AWT and they consider i t to b a priority. ADF &G, AWT, and the Department of Natural Resources (DNR) enforce regulations for the Kenai and Kasilof personal use fisheries. In 2009, ADF &G identified both. the Kenai and Kasilof personal use &sh.eries as top priorities for fishery enforcement issues to AWT. ADF&G biologists spent 47 hours monitoring compliance on the Kenai River and forwarded to AWT and DNR enforcement personnel at least seven mandatory court appearance citations. Local AWT officers spent 467 hours patrolling the two personal use fisheries (about 90 percent on the Kenai River) resulting in 1,196 contacts (258 warnings and 131 citations), The Kenai River personal use fishery was open for a total of 374 hours (17 hours a day for 22 days) in 2009. AWT patrols the fishery looking primarily for proper marking of fish, resident qualifications, over limits, and late or early fishing. The patrols are varied from hours prior to the open fishing period to hours after its closure. From July 10 -31, 2009 the Kenai Personal use dip net fishery was patrolled every day by AWT. During the fast two weekends of the fishery, there were five AWT troopers available for patrol in the Kenai Peninsula area. For the last week and weekend of the fishery AWT brought in another trooper from Cordova and had a trooper off the P/V Woldsrad assisting, giving them a. total of seven patrol troopers for the week. Furthermore, every trooper worked overtime to combat the myriad of complaints. In addition, AWT spends substantial time on report writing and -243- 550 West 7t Avenue 1700 Anchorage, Alaska 99501 907- 269 -7450 fax 907- 269-7463 u wm.gov.. alaska.gov Croveinor®a alaska.gov Mt. Rick Koch January 8, 2010 Page 2 investigating the personal use fishery. A significant portion of AWT's winter season is spent investigating personal use fisherman for residency issues and multiple permit issues. You also su that the State prohibit disposal of fish waste from the fishery into the River, provide fish cleaning stations, and provide for disposal of fish waste. Presently there are no egulat in place within the State for either personal use or recreational. fisheries related. to of fish waste. This issue could be addressed at the 2010 -2011 Upper Cook Inlet Board of Fisheries meeting if a regulatory proposal was submitted by an interested party. ADF &G has used. Federal. Aid to Sport Fish Restoration funding to build and install fish cleaning stations for recreational. fisheries; unfortunately this funding source cannot be used for personal use fisheries. Additionally ADF &G generally provides cleaning stations to land management entities (municipalities, boater access locations, DNR, and federal agencies) rather than maintaining direct control over placement, maintenance, and use. I understand Mr.. James .Hasbrouck articulated when meeting with you on November 12, 2009 that he would investigate the various options available and would contact you with his findings. The potential use of fish grinders to help dispose of fish carcasses with waste deposited back into the Kenai River has been discussed, and the possibility exists of using grinders at local fish processing facilities under their fish disposal permits. Disposal of fish waste into the river is regulated by, and would require permit(s) from, the Department of Environmental Conservation. Returning nutrients from fish waste to the river or into Cook Inlet is likely preferable to disposing of fish carcasses into a land fill. We certainly recognize the inherent popularity of this fishery with Alaskans N a ls o acknowledging the human use elements that cause consternation for the City of Kenai each year. Regulation and enforcement for this fishery is complicated by jurisdictional. issues and limitations on State and borough authorities. You have our commitment to work cooperatively towards seeking remedy for issues that are under our authority. I anticipate additional discussions on how best to manage impacts of this fishery and encourage you to contact me when you'd like to discuss this matter further. Sincerely, Cell Ca Cora Campbell Special Assistant cc: The Honorable Denby Lloyd, Commissioner, Department of Fish and Gaine The Honorable Joe Masters, Commissioner, Department of Public Safety Crary Folger, Director, Alaska Wildlife Troopers, Department of Public Safety -244- To: Mr. Koch, City Manager, City of Kenai Fr: James A. Clark, Executive Director Re: Attendance data per grant requirement Date: 4 January 2010 Mr. Koch, Thank you once again for your continued support for the Boys Girls Clubs of the Kenai Peninsula. The City of Kenai's support for our youth during this difficult time is greatly appreciated by all staff as well as the members we serve. Listed below is the information that was requested by the council for receipt of this grant. Attendance data was collected from daily sign -in sheets and home location was collected from our database. 213 different members attended the Kenai Club from October 1st to December 31 162 of those members live within the City of Kenai (76%) 51 of the total attendance live outside of the City of Kenai (24%) There were a total of 3498 visits during this reporting period. If you have any questions or concerns regarding the information provided above, please do not hesitate to contact me. Thank you again for your support to the youth of Kenai. Together we are providing a positive place for kids and teens! Sincerely, 3 James A. Clark Executive Director Boys Girls Clubs of the Kenai Peninsula -245- BOYS GIRLS CLUBS OF THE KENAI PENINSULA Programs Office 705 Frontage Road Suite B Kenai, Alaska 99611 907.283.2682 907.283.8190 Fax pos Itive placef orkids.com Club Locations Homer Kenai Kenai Teen Center Nlkiski Seldovia Seward Soldotna Board of Directors Mike Navarre, President Kelly Bookey, Vice President Bernie Smith, Secretary/Treasurer Peter Micciche, Past President Margaret Anderson Jim Montgomery Camille Sorensen Indy Walton David Ross Cornerstone Contributors ConocoPhillips bp United Way ,z The Positive Place For Kids Name of Employee K.im Dent Position Unit Director Quarterly Gross Salary (A) $10514.34 of salary charged to grant 1 00% TOTAL GROSS SALARY CHARGED TO GRANT $10514.34 Employer Taxes Contributions $3080.96 of benefits charged to grant (B) 25% TOTAL BENEFITS CHARGED TO GRANT 5770.24 BOYS GIRLS -L OF THE KENA I PENINSULA Quarterly Reimbursement Request (October 1st, 2009 December 31st, 2009) (A) (B) GROSS SALARY AND BENEFITS TOTAL GROSS SALARY TO RF CHARGED TO THIS GR ANT $1 n514 TOTAL GROSS BENEFITS TO BE CHARGED TO THIS GRANT: $770.24 -246- Kenai, Alaska 99611 City, State (A) GROSS SALARY (B) BENEFITS (C) CONTRACT (D) TRAINING (E) EQUIPMENT (F) SUPPLIES (G) BUILDING COST (H) TELEPHONE (I) POSTAGE (1) OTHER EXP. TOTAL: GIRLS CLUBS OF THE KENAI PENINSULA Boys Girls Clubs of the Kenai Peninsula Name of Organization (Grantee) ecutive Director Signa Quarterly Reimbursement Request (October 1 2009 December 3I st, 2009) $10514.34 $770.24 0.00 0.0 0 $0.00 $0.00 $0.00 $0. $0.00 $1 $0.00 City of Kenai Grantor L 3v✓ ro Date: NOTE: This is a quarterly reimbursement request. Please remit upon receipt of this request. Attached are the required financial details as well as the requested number of users of' the Kenai Boys Girls Club. If you have any questions on this request, please call the finance department at 283 -2682. Thank you! -247- On BehalfOf Those l4re Serve Thank You T he Xenai Peninsula Food-Bank Staff 33955 Communi So t1 "CoCreBe Drive x 99669 Phone: 262 -3in Fax: 262.6428 ifi foocthepg'turtaska.net -248- Dear Food Bank Supporter: I Kenai Peninsula Food Bank, Inc. Because no one deserves to be hungry a Mattero Board Member RECEIVED January 12, 2010 JAN 1 42010 Mayor Patricia Porter Kenai City Council KENAb crrY CLERK 210 Fidelgo Ave Kenai, AK 99611 Thank you so much for your donation of food items to the Kenai Peninsula Food Bank in 2009. I appreciate your support during these hard economic times, Your donation has helped us process over a million pounds of food to touch 20% of the Kenai Peninsula Borough's population! All of your dollars stay on the Peninsula!! During 2009, the new client base of families requesting USDA Commodities increased 43% compared to the previous year. The Food Bank staff is also seeing families who have not visited our facility for several years too or ever. One family with two small children had not asked for help in several years now faces the holidays with an unemployed breadwinner. A family with four children asked for assistance for several months until the father started working again. Plans for 2010 include the Building to Nourish campaign featuring facility expansion and upgrades. No one deserves to be hungry Hunger is everyone's problem Hunger is a growing problem ir Hunger has one solution -YOU Visit our website http: /www.kpfoodbank.org/ for more information. An email address is needed if you would like to receive Food Bank updates via email. Your contribution helps us assist our neighbors. Thank you for your assistance! Sincere This letter will serve as a receipt 'for tax purposes for your 2009 contribution. Please consider the Food Bank during the Pick, Olds &.Give program when applying for the Permanent Fund Dividend. -249- 33955 Community College Drive Soldotna, Alaska 99669 (907) 262 -3111 fax (907) 262 -6428 DATE: 1/1 /got° NAME; t', f t y Resident of' the City of Kenai? yes Residence Address 5-12 TUyo Mailing Address 36 y 1 0 6 Kc n et Home Fax No. Business Fax No. May we include yo ur Contact xtiorrilatior tsn ottr include? t4 Past organizational memberships: 4iESe <t ,He 1TS s (v. CITY OF KENAI "Village with a past City with a, future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS e 0 RECEIVED JAN 6 2010 KENAI CITY CLERK A. y Home Telephone No. 7C 7 3 e y 8 Business Telephone No Email Address: 16.ckev6J 91"14 c a wLis p go? ALL If not all, what information relay we EMPLOYER: C n1 6..1 t &tic S6 rvic6 Job Title j c, c ,c NAME OF SPOUSE T'z 5 5 '4 Current membership in organizations. Z zc.< cl of V fec: «/5 k D t COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: P I a in v1/4.1. vk WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? [B As A !-i felt's' 4 t t) et OF €r-.i[ T A v' i ✓'t ttsd<.( 4kc C°o -.0 R ppASnhle b C C)LI0 '.t',T Of J‘, WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBtRSILIP? Signature -250- How long? }/e a as PHONE: 283 -7535, EXT. 231 FAX: 283-5068 RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI AK 99611 4.. ov 5 SF, n A et; t Kenai Peninsula Borough January 19, 2010 7:00 PM °ere Sprague 4ssembly President ;eat 4 Soldotna !erm Expires 20/0 fal Smalley (ssembly Vice President 'eat 2 Kenai 'erm Expires 2011 'aul Fischer ssembly Member eat 7 Central erm Expires 2010 fako Haggerty ssembly Member u# 9 South Peninsula >rm Expires 2012 0 PP sst,. =oly Member at 1 Kalifornsky arm Expires 2012 to McClure :semb y Member at 6 East Peninsula rm Expires 2012 'write Pierce sembly Member at S- Sterling /Funny 'er rm Expires 2011 '.(Smith senbly Member at 8 Homer �m Expires 2011 ry Superman sembly Member zt 3 Nikiski in Expires 2010 January 19, 2010 H. I. Assembly Agenda Regular Meeting CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS Borough Assembly Chambers, Soldotna, Alaslca APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk are considered to be routine and non controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) APPROVAL OF MINUTES *1. January 5, 2010 Regular Assembly Meeting Minutes 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. Ce tral Peninsula Hospital Quarterly Report (10 minutes) 2. Jessica Countryman, Nilciski Bus Stop Street Lights (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) MAYOR'S REPORT 13 1. Agreements and Contracts a. Authorization to Award Contract for Central Peninsula Landfill Recycle Hauling to Cariile Transportation Systems 14 -251- Page 1 of 6 2. Other b. Authorization to Award Contract for the Wagon Road Fuel Reduction Project to Paul's Services 16 c. Authorization to Award Purchase of Calcium Chloride to Brenntag Pacific Incorporated for Borough Road Maintenance 18 d. Approval of Sole Source for Limited Procurement Standardized Purchase for Remote Monitoring Cameras and On -Site Support Infrastructure 20 e. Approval of Sole Source Request to Purchase Dispatch Fire ProQA for E911 System 27 Report of Litigation Status from Legal Department 29 b. Departmental Annual Reports 2009 (General Services, Risk Management, Finance, Legal to be provided to Assembly on day of Assembly Meeting) Spruce Bark Beetle Program Monthly Status Report for December, 2009 32 d. 2009 Year End Summary for Spruce Bark Beetle Program 36 e. Budget Revisions November, 2009 t 41 f. Budget Revisions December, 2009 44 g. Revenue- Expenditure Report November, 2009 46 h. Revenue- Expenditure Report December, 2009 54 i Project Reports December, 2009 62 L. ITEMS NOT COMPLETED FROM PRIOR AGENDA None M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) None. January 19, 2010 Page 2 of 6 -252- January 19, 2010 N. UNFINISFIED BUSINESS 1. Notice of Reconsideration Ordinance 2009 -53: Authorizing the Sole Source Purchase ofVehicle Maintenance Equipment. for Central Emergency Services from Chumley's, Inc and Waiving the Requirement to File a Notice of Intent to Do Business with the Borough (Knopp, Pierce) (Referred to Policies and Procedures Committee) [Reconsideration Filed by Knopp] 0. NEW BUSINESS 2. 1. Resolutions �a Resolution 2010 -006: Establishing Federal Legislative and Funding Priorities for the Year 2010 (Fiscal Year 2011) (Legislative Committee) (Referred to Legislative Committee) 84 *b. Resolution 2010 -007: Supporting Lighting at Three Major Intersections in Ninilchik (Mayor) (Referred to Legislative Committee) 86 *e. Resolution 2010 -008: Allocating $2,000,000 of Recovery Zone Economic Development Bond Volume Cap to the City of Kenai (Mayor) (Referred to Finance Committee) 90 Ordinances a. Ordinance 2009- 19 -26: Accepting and Appropriating a Chant of $250,000 from The Alaska Department of Environmental Conservation for the Purpose of Conducting the Cook inlet Marine Vessel Traffic Risk Assessment Study, and Authorizing the Mayor to Contract with Cook Inlet Regional Citizens Advisory Council to Provide the Services (Mayor) (Shortened Hearing on 02/02/10) (Referred to Finance Committee) 96 Ordinance 2009- I9 -27: Appropriating Cruise Ship Passenger Tax Proceeds Received from the State of Alaska for FY2009 to the City of Seward in the Amount of $345,747.50 and to the City of Homer for $2,897.50 (Mayor) (Public Hearing on 02/16/10) (Referred to Finance Committee) 105 -253- 79 Page 3 of 6 *c. Ordinance 2010 -07: Amending KPB 4.30.060 to Prohibit a Person from Serving Simultaneously as a Member of the Assembly and Member of a City Council within the Borough (Fischer) (Public Hearing on 02/16/10) (Referred to Policies and Procedures Committee) 108 Other Request for Formal Assembly Objection to the Continuance of the Following Liquor License Due to Unpaid Taxes (Referred to Finance Committee) 112 Business Name License Location Lands End Resort Homer, Alaska Apollo Restaurant Seward, Alaska Twin Rivers Liquor Ninilehik, Alaska Tustumena. Lodge Kasilof, Alaska Petition to Vacate a Portion of Banta Street, a 66 -Foot Right -of -Way Easement (33 -Feet on Each Side) on the East Side of Government Lots 41, 42, 43, 44 and the West Side of Government Lots 40 and 45; and Associated Utility Easements, if any, as Reserved in Original BLM Patent Numbers 50- 64- 01.67, 1150671, 1192985, 1169236, 1147946 and 1196254; within Section 23, Township 6 North; Range West, Meridian, and within Peninsula 12 GJI, Seward atiiEiiuiari, `tiaiiCa; and within the Kenai YcnmSuio Borough; KPB File 2009 -191; Location: East of Kenai Spur Highway in Kenai (Referred to Lands Committee) 115 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled January 4, 2010 meeting.] PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. February 2, 2010 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS January 19, 2010 Page 4 of 6 -254- Tannery 19, 2010 S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Motion to Direct the Legal Department to Pursue a Civil Remedy Against Hugh Chnmley, Kenai Peninsula Borough Chief of Staff, Pursuant to Alaska State Statute 29.25.070 (b) Regarding the Borough's Purchase of Equipment from Chumley's Inc Without a Notice of Intent to Do Business Form Being Filed Tabled 12/01/09 2. Ordinance 2009- 19 -24: Appropriating $30,000 in Supplemental Funding to Cover the Cost of Vehicle Maintenance and Lndividnal Physical Examinations for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Hearing on. 02/02/10) (Referred to Finance Committee) 3. Ordinance 2009- 19 -25: Appropriating $666,636.93 for the Buildout Plan to Finish Shell Space in the Mountain Tower at Central Peninsula Hospital (Mayor) (Hearing on 02/02/10) (Referred. to Finance Committee) 4. Ordinance 2009 -52: Amending Title 16 Service Areas, to Allow for Board Members to Be Appointed by the Mayor and Confirmed by the Assembly When a Vacancy Occurs Outside of the Election Cycle (Pierce) (Postponed until 02/16/10) (Referred to Policies and Procedures Committee) 5. Ordinance 2010 -01: Authorizing Land Conveyance to the City of Soldotna of a 10 -Acre Borough Parcel on West Redoubt to Support a City Cemetery (Sprague, Mayor) (Hearings on 02/02 /10 and 02/16/10) (Referred to Lands Committee) 6. Ordinance 2010 -02: Eliminating the Sunset Date of the Appointed Board of Adjustment (Sprague) (Hearing on. 02/02/10) (Referred to Policies and Procedures Committee) 7. Ordinance 2010-03' Amending KPB 17.10.100, Methods of Disposition, By Adding Subsection 17.10.100 (J), Oil and Gas Leasing (Mayor) (Hearing on 02/16/10) (Referred to Lands Committee) 8. Ordinance 2010 -04: Authorizing the Mayor to Amend the Aardvark Septic Waste Disposal Lease to Modify the Lease Boundary, Adjust the Rent, Suspend the Lease, and Provide an Option to Reinstate the Lease for a Period of 10 Years (Mayor) (Hearing on 02/16/1 0) (Referred to Finance Committee) Ordinance 2010 -05: Authorizing a Land Exchange with the City of Soldotna to Provide for Soldotna Airport Expansion Through the Realignment of Funny River Road and Providing Additional Parking Area for the Donald E. Gilman River Center (Mayor) (Hearing on 02/16/10) (Referred to Lands Committee) -255- Page 5 of 6 10. Ordinance 2010 -06: Amending KPB Chapter 5.28 Regarding Proprietary Procurement (Sprague) (Hearing on 02/02/10) (Referred to Policies and Procedures Committee) T. INFORMA FIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on February 2, 2010, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), K8111 -AM 890 (South Peninsula), K201 A0 -FM 88.1 (East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1 -800- 478 -4441, Ext. 2160. Visit our website at www,borough.kenatak.us for copies of the agenda, meeting summaries, ordinances and resolutions. January 19, 2010 Page 6 of 6 -256- ADMINISTRATIVE POLICIES AND PROCEDURES AGENDA AND PACKET PREPARATION, DISTRIBUTION, AND PUBLICATION [AND LATE MATERIALS] [ADMINISTRATIVE POLICIES AND PROCEDURES' 1. The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. A draft agenda shall be circulated to the Mayor and other Council Members, and the City Manager. [1]2. Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard," and will be permitted ten (10) minutes to address the Council. The request shall be made to the City Clerk, on the prescribed form, a minimum of eight (8) days in advance of the Council meeting. The City Clerk shall inform the requestor that requests to be placed on the agenda to address the following topics shall not be accepted: a. Items scheduled for public hearing on the agenda. b. Personnel matters. c. Items upon which litigation involving the person or his /her representative and the City is currently pending. 3. The agenda shall include time for unscheduled public comment (persons present but not scheduled to be heard) with an aggregate time of 30 minutes. Where such time is published on the agenda, any member of the public may address the Council during the scheduled time The speaker will be permitted three (3) minutes to speak unless more time per speaker is identified on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak on any topic except: a. Items scheduled for public hearing on that agenda b. Personnel matters• and c. Items upon which litigation involving the person or his /her representative and the City is currently pending. [2]4. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by publication in a newspaper of general circulation no later than three (3) days prior to the meeting. [3]5. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by posting to the City's official bulletin board at City Hall no later than six (6) days prior to the meeting. [4]6. The City Clerk shall post a copy of the meeting packet to the City's web site and to the Kenai Municipal Library no later than six (6) days prior to the meeting. July 1, 2009; rev. February 2010 [5]7. Any member of the public or any organization may request a copy of the meeting packet, either by paper or electronic copy. The Clerk will provide the copy as soon as practical. [6]8. "Day" will be considered a calendar day. [7]9. The day of the council meeting shall be counted for the purpose of establishing deadlines. July 1, 2009; rev. February 2010 Carol L. Fr e@; City Clerk Posted: 'January 15, 2010 CITY OF KENAI NOTICE OF PUBLIC HEARING JANUARY 20, 2010 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date, 1. Ordinance No. 2461 -2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and. Sewer Fund for the Performance of a Utility Rate Study. 2. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council substituted, amended and passed Resolution No. 2009 -68. Subsequently, a motion for reconsideration was made and passed; the resolution was before the Council at its January 6, 2010 meeting in exactly the same condition it was in before taking the vote on the resolution as amended; the resolution was open to debate and amendment; no public hearing was held because it had been closed at the 12/16/09 meeting; at the January 6, 2010 meeting, a motion was passed to postpone the reconsideration of the resolution to January 20, 2010 and include a public hearing.) 3. Resolution No. 2010 -03 Authorizing Administration to Enter Into a Memorandum of Agreement with Alaska State Parks Design Construction for Development of a Master Site Development Plan for a Small City Park on the Corner of Marathon Road and Magic Avenue. 4. *Liquor License Renewal George's Casino Bar 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. CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JANUARY 20, 2010 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Ordinance No. 2461 -2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study. 2. Resolution No. 2010 -03 Authorizing Administration to Enter Into a Memorandum of Agreement with Alaska State Parks Design Construction for Development of a Master Site Development Plan for a Small City Park on the Corner of Marathon Road and Magic Avenue. 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: January 21, 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 20, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenatak. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Bryan Zak, South West Regional Director, Alaska Small Business Development Center Services Provided for Small Businesses. 2. Paul D. Morrison Patriotism /Free Speech ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2461 -2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study. 2. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council substituted, amended and passed Resolution No. 2009 -68. Subsequently, a motion for reconsideration was made and passed; the resolution was before the Council at its January 6, 2010 meeting in exactly the same condition it was in before taking the vote on the resolution as amended; the resolution was open to debate and amendment; no public hearing was held because it had been closed at the 12/16/09 meeting; at the January 6, 2010 meeting, a motion was passed to postpone the reconsideration of the resolution to January 20, 2010 and include a public hearing.) 3. Resolution No. 2010 -03 Authorizing Administration to Enter Into a Memorandum of Agreement with Alaska State Parks Design Construction for Development of a Master Site Development Plan for a Small City Park on the Corner of Marathon Road and Magic Avenue. 4. *Liquor License Renewal George's Casino Bar ITEM F: UNFINISHED BUSINESS None 1. Discussion Council Liaison Commission /Committee Appointments ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. EXECUTIVE SESSION None Scheduled 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: /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211