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Home My WebLink About2007-01-17 Council PacketMAKE 2 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: !~j°//D°°~ Mayor/Council Attorne . .Taylor/5 rin er/Kebschull Clerk Cit Mana er Public Works Police De nrtment Finance En ineer Senior Center Air ort Kim Librar Pnrks & Recreation Clarion Fire Department Schmidt Mellish VISTA Student Rep. KSRM Boyle (#2) (Fed Ex) AGENDA DISTRIBUTION DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the ngenda published by the Clarion should be emailed ns soon as possible after Noon on packet dny. The cnmera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise nt Peninsu/a C/orion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell@ncsalaska.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. Plnce them onto the city's website from there as soon as possible before leaving the office for the weekend. 0 a ii O C7 z w w 2 J U Z O U ww OWZ~ ~- CC W ~ ~ ~ (n ~J J f ~O¢ cn~~-w Wok°oooo o~cnwcC~md ww w0 Ow O>Q ~(nJ~ o>Jooo ~(nW CC~O~ ~~ .i~I ~~~ ~ x ~ ~ z w o 0 ~ o J ~ ~ a ~ ~ i ~ m ~ ~ I~ cc w wzo ~' OW O>QOCn-~~ o>...looo ~CI)W ~~CO ~Iw z~ Q ~ ~ O ~ ~ ~°oooo cn w w ~ m a ¢Iw w~ zo W ~(n~ J h Q pUJJ~~ (n W W~CaO.. a~ a 8 r d~ ~~ LL z t= W W J U Z O U W O" zp } Q ~ ~ O ~~~~ m W \! / \ ~ O w z O o ~ m ~ ~ O ¢ o n } ~ ~ ~' ~ ~ c n w m a owz® Ow~ ~O¢~cnJJf- ~ ~ J ~ ~ wO~ J0000 ~~Cn W CC~md ~' i mw w c~ ~., ¢ ~ W ~(n~Jl- O ¢ o u> J ~- [C O~J0000 ~cnwm~ma TESTYMONY SIGN-YN SHEET , ~~~ ~~~~ .dF,. ~k~ .!) L g{«'1^. ~ ?. C.i3? x~ GI1IR'i i ~ ~ ( f ~ ~? ~ t ! 1 5y T 1YANIl: ~ ~ ~ ~° ~ ~ 1 L ~- k~ "4 1 P)%. ". ~. '~ „z `~,~ ~.?~.'~ s ~.~x~s t e '~ ~~' ~, 4 i r ^t~p n. "~~, ~~• t ~ ' ~L,N. "~•c ..r ~ N L ~ .p' :. ys i' iC V f Y `ry .~ 4 Y .e~ ,-....,^. ~. .,, ,a ,,. x~ L-rCl~_k ,. ~,n~`.*.Y i. ~. $ ^ti . L. ili `s ,~4~!' 2 ~1d 4a ~ !^ ~+ i ~4~ >r{d~y P"F L ~ ~ 4 C ~ ~ ddM1 di`° / L '~ pRG1~Ni7.llTI(J~}„~ ' ~ ~~ ';- c' L 9~- ~ Z ^; .~ ~ nL~~1 ~~' ~ `~s~s r ~?`,'' ~' 1 z~ w a " xn ,.v~ r >,.~r t~ t,-... '~ t ~ `' a3- 4 t t 'h h2 3~ i >~, ~K 5 `x'.' ~ ~ rw ~ ....mow- .,.., x_ .. , s-.-. fit. v..+m~a£a°w. L ,. ~.. ~ I 9F" S L i l R 1 qu S. PF Jk, L. ~SIDENCE^.D3tE~S~ 3S" a k L t T ~ z7 t 13 ~,,,21'~O'"'N~~G~E`R',g t xw s S ~ ''jt'w z z.:~i dl ~ '~ ve: a t ~ 4 f .{ '~ f C' k4+3 tom' i r; "`"'a ~; ~'~v,„'+ ~ .....-..,> ~' ,,. "d .u ~- z, k . :~, ~. x1 rv.RESIi3E~TT a'" >~ _: ~ s AGENDA KENAI CITY COUNCIL -REGULAR MEETING JANUARY 17, 2007 7:00 P.M. KENAI CYTY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) 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 councll 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. Dwight Kramer, Kenai Area Fisherman's Coalition -- Board of Fisheries 2008 Upper Cook Inlet Meeting. 2. Maya Johnson -- 4-H Congress Report 3. Kirk Louthan and Becca Ford, Captains, Kenai .High School Cross Country Ski Team -- Ski Trails. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCYLS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and (Clerk's Note: Ordinance No. 2197-2006 was substituted, amended and postponed to January 17, 2007. The motion to adopt is active.) a. Substitute Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Set new License Kennel and Impoundment Fees, Providing for the City to Send Notices to Dog Owners of Pending Expiration of Dog Licenses and Providing for Microchip Identification of Dogs. Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-C~cle Engines. (Ordinance iVo. 2202-2006 was postponed at the December 20, 2006 meeting. The motion to adopt is actiue.) 3. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. (Ordinance No. 2203-2006 received a motion to adopt at the January 3, 2007 meeting and then was postponed to the January 17, 2007 meeting. The motion to adopt is active.) 4. Continuation of Liquor Licenses -- PROTESTS • Amy Bowen, d/6/a One Stop Liquor • Kings Inn Property Management LLC, d/b/a Mr. D's • Alasicalanes, Inc., d/b/a Alaskalanes Bowling Center 5. *Transfer of Liquor License -- Upper Deck/Beverage Dispensary, Tourism -- From Corey, Inc. to Rosin Investments, Inc. ITEM F: MINUTES 1. *Regular Meeting of January 3, 2007. ITEM G: ITEM H: Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 22042007 -- Creating the PRISM Special Revenue Fund and Increasing Estimated Revenues and Appropriations to Fund Operations for FY2007. 4. *Ordinance No. 2205-2007 -- Amending KMC 7.15.050 to Add Subsection (g) Allowing Emergency Purchasing Without Competitive Bidding. 5. *Ordinance No. 2206-2007 -- Amending KMC 13.30.010 to Reflect the Renumbering of the Traffic Violation of Negligent Driving in the Alaska Statutes. 6. *Ordinance No. 2207-2007 -- Amending the Official Kenai Zoning Map by Rezoning Tract C, Gusty Subdivision No. 2 and Tract B, Shadura Subdivision, From General Commercial (CG) to Central Commercial (CC). *Ordinance No. 2208-2007 -- Amending KMC 14.20.250, Off-Street Parking and Loading Requirements. 8. *Ordinance No. 2209-2007 -- Amending KMC 14.25 to Include Four or More Dwellings in the Landscaping/Site Plan Requirements of the Kenai Municipal Code. 9. *Ordinance No. 2210-2007 -- Increasing Estimated Revenues and Appropriations by $88,450 in the Airport Fund to Fund PRISM Operations and Replenish the Contingency Accounts. 10. *Ordinance No. 2211-2007 --Authorizing the Sale of Approximately 38.224 Acres at Tract 1, Baron Park, 2005 Replat in the City of Kenai, Alaska, and Setting Forth the Price and Other Terms and Conditions of Sale. 11. Approval -- Consent to Assignment of Leases/Consent to Assignment of Leases for Security Purposes -- Kenai Golf Course/From Morgan Family Limited Partnership to Griffin Golf Enterprises, LLC. 12. Discussion -- Under/Over-Voting Policy 13. Discussion -- Supervision of City Clerk Position. ITEM I: 1. Council on Aging 2. Airport Coi'nmission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Coxnrraissions and Committees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: 1. City Manager 2: Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEiVI M: lia33JOURNIVlENT B-I KENAI AREA FISHERMAN'S COALITION 47083 Belmont Ct. Kenai, Ak. Board of Fisheries ADF&G !Board Support ~~ P.O. Box 115526 Juneau, Ak. 99811-5526 Dear Chairman Morris, 99611 * (907) 283-1054 * dwimar(~~gci.net For the record, we are a group composed of scientists and concerned private users of Kenai Peninsula waters. We have 8 fisheries biologists in our organization that provide over 120 years of experience on the Kenai in all areas of research and management. We also like to consider ourselves a "Joe Fisherman" organization (no gender bias intended) since we have no commercial interest. It has come to our attention that the Board of Fisheries took action, at an October work session, to schedule the 2008 UCI meeting for Anchorage. We respectfully request the Board reconsider this action in favor of a site in the Kenai / Soldotna area. After the 2005 UCI meeting, the Board recommitted it's mandate to hold meetings in communities more appropriate for the matters of consideration. Historically, 80 - 85 percent of the UCI proposals under consideration are relative to the Kenai or Kasilof Rivers and adjacent offshore Cook Inlet waters, however, the meeting has not been held in our area since 1999. When there was controversy over the 2005 UCI meeting being held again in Anchorage, one of the points of concern was that there were also allot of anglers from Anchorage and the MATSU that would attend the meeting if it were held in Anchorage. This attendance did not materialize, however, and there were not enough private anglers in attendance to make the committee process equitable. Prior to the beginning of committee business testimony was provided that three of the sport-fishing committees were over loaded with guide interest. Commercial interests, including guide and commercial fishing orguiizaticns, have the financial ability to provide lodging and expenses for many of their members to attend an Anchorage meeting and thus control the process. Conversely, private anglers find it difficult to pay for 10 -13 days of expenses to get their concerns heard. We believe it would benefit the process greatly if the meeting was held in our area where attendance would be greatly enhanced because it would be more central to the majority of issues being deliberated. Our organization, KAFC, includes a highly technical membership of local fisheries experts that could assist the Board with technical support if the meeting were held in our area. They could also provide technical and scientific comments without reference to allocation of resources. If the meeting were held in Anchorage, it would become difficult for them to attend. We also see value in alternating the meetings ~tween the ttenai i Soldotna area and the Anchorage MATSU area so that there is eeuitability between all UCI users. as x£1108 meeting y also be vitally important because Boazd of Fisheries involvement will be prominent in shaping some of the regulation changes suggested in the recovery plan designed for the process outlined in the Category 5 Imuaired Water status of the Kenai River. It is very Likely that this will take amulti-agency effort commencing in certain BOF actions to meet time lines instituted by the recovery plan. The Kenai River Watershed Forum along with DEC, EPA, and State and Federal agencies from our area will be responsible for guidance to the Board an these issues. It would save all of those involved if the meeting was held in our local area close to their offices and staff. 'T'hank you for your for consideration in this matter. ~ . Dwight Kramer, KAFC Acting Secretar,,~ Cc: Sen. Tom Wagoner Rep. Mike Chenault Rep. Kurt Olson Rep. Paul Seaton Denby Lloyd, Commissioner of ADF&G Mayor John Williams, Kenai Pen. Borough Mayor Pat Porter, City of Kenai Mayor Dave Cary, City of Soldotna Robert Rufner, Kenai River Watershed Forum YYvr-Jca't~ T+~get~t ~t7y4F~PAS'~GPd~F January 18, 2007 Board of Fisheries ADF&G /Board Support PO Box 115526 Juneau, AK 998 1 1-5526 Dear Chairman Morris: It has come to our attention that the Board of Fisheries took action to schedule the 2008 Upper Cook Inlet (UCI) meeting for Anchorage. Historically, 80-85 percent of UCI proposals under consideration are relative to the Kenai or Kasilof Rivers and adjacent offshore Cook Inlet waters; however, the meeting has not been held in our area since 1999. The Cities of Soldotna and Kenai request the Board reconsider this action in favor of a site in the Soldotna/Kenai area. This was discussed by the Soldotna City Council at it meeting of January 10, 2007 and the Kenai City Council at its meeting of January 17, 2007. Both Councils were unanimous in requesting a letter be written to you urging the relocation of the 2008 UCI meeting. 214 FI'rl~Lgp-AdtniF Kam[,~Alaskn 99.1 t-779d~ Tclephcr~c 96v-2F3.7S35 F 9~.283~3D I ~. 177 NarYir $Ir~h Sneer SnlAotns, AY,.cka 594:9: Telcpt u~~e:~907•~51rv 107 F{~. 9~,?62-I 295: Mayor L3~7ir]st ~. Cry Thank you for your consideration of this matter. CITY OF SOLDOTNA CITY OF KENAI +' David R. Carey, Mayor Pat Porter, Mayor E-I Suggested by: Councilor Molloy CITY OF KENAI ORDINANCE NO. 2197-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 3.20.020 AND KMC 3.05.100 TO PROVIDE DOG LICENSES ARE EFFECTNE FOR THREE YEARS AND SETTING THE LICENSE FEES. WHEREAS, KMC 3.20.020(b) provides for an annual dog license; and, WHEREAS, dog licenses are needed to identify their owner, ensure the dog is properly vaccinated against rabies and to enable the city to contact the owner if a dog is found at large; and, WHEREAS, providing for athree-year dog license will make dog licensing more convenient for the dog owner and easier for the city to administer while still allowing the city to properly monitor dogs for rabies vaccinations; and, WHEREAS, the fee schedule in KMC 3.05.100 should be amended to reflect the three- year period of the dog license; and, WHEREAS, it is in the best interest of the City of Kenai to amend the Animal Control code as set forth below. NOW THEREFORE, BE PI' ORDAINED THAT THE KENAI MUNICIPAL CODE IS AMENDED AS FOLLOWS: SECTION I KMC 3.20.020(a) is amended as follows: 3.20.020 Licensing 'Procedure (a) Application for a dog license shall be to the Chief Animal Control Officer. The application shall include: (1) The name and address of the owner of the dog; (2) The name, breed, color, age and sex of the dog; (3) Proof that the dog has a current rabies vaccination; (4) The license fee required by KMC 3.05.100; (5) Written proof that the dog is sterile, if the owner seeks to qualify for the reduced license fees under KMC 3.05.100(b). (b) [A DOG LICENSE SHALL EXPIRE ON DECEMBER 31ST OF EACH YEAR.] A dot license shall expire on December 31st of the third year of issuance. For example. a dot license purchased in October of 2006 would expire on December 31st of 2008 Ordinance No. 2197-2006 Page 2 of 2 (e) An application to renew a license issued under this chapter shall be made at least thirty (30) days before the license expires, and shall be made in the same manner as an application for a new license. SECTION II KMC 3.05.100 is amended as follows: 3.05.100 Fees (a) The fee for a kennel facility shall be $5.00 per dog in the facility, up to a maximum of $25.00. (b) The fee for a dog license shall be [$2.OOj 10.00 for a sterilized dog and ($10.00) 30.00 for all other dogs. The fee for replacing a lost dog license tag with a duplicate shall be (TWENTY-FIVE CENTS ($0.25)j two dollars ($2.00). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17~ day of January, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Second reading: Postponed to: Third reading: Adopted: Effective: November 1, 2006 November 21, 2006 January 17, 2007 January 17, 2007 January 17, 2007 February 17, 2007 ~- ;~ ~\ i ~ _-~ ~, tote ci~o f ENA~ SKR "~/'llae wit~i ~ Pest, ~c remit ~ F~t~r°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 (Fax: (907) 283-3014 www.ci.kenai.ak.us ME®RADUM TO: ~ Mayor Porter and the Kenai City Council FROM:r ~~. Cary R Graves; City Attorney DATE: ~ November 8.2006 I2E: Substitute Ordinance 2197-2006 The Finance Department requested a change in the original Ordinance 2197-2006. The change is in Section II (KMC 3.05.100 Fees). The cun~ent fee for replacing a lost dog license tag is twenty- five cents. The Finance Department requested the fee be raisedto two dollars in order to better cover the administrative cost of issuing the new dog license tag. Please let me Irnow if you have any questions. E -Ia SUBSTITUTE Suggested by: Councilor Molloy CITY OF ISENAI ORDINANCE NO. 2197-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 3.20.020 AND KMC 3.05.100 TO SET NEW LICENSE KENNEL AND IMPOUNDMENT FEES, PROVIDING FOR THE CITY TO SEND NOTICES TO DOG OWNERS OF PENDING EXPIRATION OF DOG LICENSES AND PROVIDING FOR MICROCHIP IDENTIFICATION OF DOGS. WHEREAS, KMC 3.20.020(b) provides for an annual dog license; and, WHEREAS, dog licenses are needed to identify their owner, ensure the dog is properly vaccinated against rabies and to enable the city to contact the owner if a dog is found at large; and, WHEREAS, requiring a city reminder notice be sent to city dog owners will increase compliance with the animal licensing requirement; and, WHEREAS, the fee schedule in KMC 3.05.100 should be amended to reflect inflation and administrative and enforcement expenses; and, WHEREAS, implanting of microchips in dogs for identification should be an option for city dog owners in addition to dog tags; and, WHEREAS, it is in the best interest of the City of Kenai to amend the Animal Control code as set forth below. NOW THEREFORE, BE IT ORDAINED THAT THE KENAI MUNICIPAL CODE IS AMENDED AS FOLLOWS: SECTION I KMC 3.20.020(a) is amended as follows: 3.20.020 Licensing Procedure (a) Application for a dog license shall be to the Chief Animal Control Officer. The application shall include: (1) The name and address of the owner of the dog; (2) The name, breed, color, age and sex of the dog; (3j Proof that the dog has a current rabies vaccination; (4) The license fee required by KMC 3.05.100; (5) Written proof that the dog is sterile, if the owner seeks to qualify for the reduced license fees under KMC 3.05.100(b). (b) A dog license shall expire on December 31s< of each year. (c) An application to renew a license issued under this chapter shall be made at least thirty (30) days before the license expires, and shall be made in the same manner as an application for a new Ordinance No. 2197-2006 SUBSTITUTE Page 2 of 3 license. (d) By November 1 of each year the City shall send individual notices SECTION II HIVIC 3.20.030 is amended as follows: 3.20.030 Dog license tags and receipts. (a) For each dog licensed under this chapter, the Animal Control Office shall issue the owner a numbered receipt and a tag stamped with an identification number. (b) To be licensed under this chapter, a dog must bear a license tag securely fastened to its choke chain, collar, or harness, provided that the dog need not bear +1se tag while confined, in harness, in competition, in training, or while hunting. (c) No person may use a dog license tag or receipt for a dog other than the one for which it was issued. (d) The doh owner may have a microchip identification approved and SECTION IIE KMC 3.05.100 is amended as follows: 3.05.100 Fees (a) The fee for a kennel facility shall be [$5.00] 100.00 [PER DOG IN THE FACILITY, UP TO A MAXIMUM OF $25.00]. (b) The fee for a dog license shall be [$2.00] 10.00 for a sterilized dog and ($10.00) 30.00 for all other dogs. The fee for replacing a lost dog license tag with a duplicate shall be [TWENTY-FIVE CENTS ($0.25)] 2.00. (c) The fee for redeeming an impounded animal shall be the sum of the impoundment and boarding fees specified in this subsection, provided that if, within thirty (30) days of paying the impoundment and boarding fees, the owner of an impounded animal presents proof that the animal has been sterilized, the P,nimal Control Officer shall refund to the owner the impoundment fee for the animal. The refund for sterilization shall be allowed only once for any animal. Ordinance No. 2197-2006 SUBSTITUTE Page 3 of 3 (1) First impoundment fee: Dog - ($35.00) 50.00; Cat - ($10.00) 15.00. (2) Second impoundment fee within atwelve-month period from first impoundment: Dog - ($50.00) 70.00; Cat - ($20.00) 30.00, plus citation, shots, license, and boarding fees as required. (3) Third impoundment fee and thereafter within a twelve- month period from first impoundment: Dog - ($75.00) 100.00; Cat - ($30.00) 40.00, plus citation, shots, license, and boarding fees as required. (4) Boarding fee: Dog and Cat, [$3.00] 20.00/day; other animal weighing more than fifteen (15) pounds, [$5.00) 35.00/day. The boarding fee also shall include any other costs actually and reasonably incurred by the Animal Control Office in maintaining the animal, including, but not limited to, medical care. (5) Any impounded animal which by reason of its size, strength, dangerous propensities, or other characteristics cannot reasonably be kept in the Animal Control Shelter may be reclaimed upon payment of an impoundment fee of ($25.00) 100.00 plus the actual costs reasonably incurred by the Animal Control Office in impounding, transporting, and keeping the animal. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17~ day of January, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Second Reading: Postponed to: Adopted: Effective: November 1, 2006 November 21, 2006 January 17, 2007 January 17, 2007 February 17, 2007 ~~4\ s theu~ot's~ KENA~ SKA "!/'lfaye with a Past, Gc°ty witti a Futr~Ye" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us MEM®RL-~NDUM TO: ~ Kenai. City Council FROM:C6t`- Cary R. Graves, City Attorney DATE: January 12, 2006 RE: Substitute Ordinance No. 2197-2006 -Dog Licensing This memorandum is to outline the changes in the substitute ordinance. In order to lessen the chance of dog owners facing a possible citation for forgetting to renew a dog license, the original ordinance would make the licenses good for three years instead of one. After initially thinking the three-year period was not a problem, Chief Animal Control Officer Patricia Stringer did additional research and carne to the conclusion it would be a significant hindrance to the City's rabies control effort and in locating lost animals' owners. See the attached memorandum. In order to achieve the original goal of the ordinance while keeping the license period for one year, we added subsection (g) to KMC 3.20.020. That subsection requires the City to individually notify dog holders of the upcoming deadline for renewal of dog licenses. The staff anticipates using a database to print out individual postcard type notices to each license holder informing them of the need to renew the license. Using a computer database will lessen the administrative burden on city staff. This change will allow keeping the one-year license period while reminding each dog owner of the need to renew the license. We also added subsection (d) to KMC 3.20.030. That section allows for the option of identif cation microchips to be inserted into dogs, in addition to the owner buying a dog tag. Finally, the fees in KMC 3.05.100 were increased to better reflect inflation and the City's costs of inspecting kennels and boarding dogs. Please let me know if you have any questions. Attachment Kenai Animal Control To: Chief Kopp From: Patricia Stringer, Chief Animal Control Officer Da4e: 1 /1 2120 0 7 Re: Annual License /Kennel License KMC 3.05.100 The recommendation of $15.00 per dog with a maximum of $75.00 for a Kennel Facility is not adequate. I suggest a $100.00 fee for all Kennels. Some licensed Kennels have as few as 5 dogs and some have as many as 18. It is unfair for one person to pay $75.00 for 18 dogs, and another to pay the same fee for only 5 dogs. I would like to see an annual fee of $100.00 for all Kennel Facilities, with all dogs in the facility required to have a city license tag. KMC 3.20.020 The license fee for animals in the city limits is annual for three specific reasons: 1. Rabies control program worldwide. - No shelter facility in the U.S.A. or the world has athree- yearlicense, alicense like that could jeopardize the rabies control program on the Kenai Peninsula in the long term. Rabies is only rare in areas with aggressive control programs. 2. Identification. - A three-year tag often has expired /wrong information in our database, making it impossible to reunite the animals and owners. 3. The revenue from the city license sales help to support our shelter facility. State and federal law requires all dogs to have a rabies shot, the first shot lasts only one year, the second lasts for two or three years, depending on the shot given. If the city license requirement changes, we would not be able to make sure our citizens are in compliance with the state law. Changing the City License to three years is inappropriate, and could put our Rabies control program in serious danger. Recommendation for Annual License Fees: $10.00 per year for an altered dog $30.00 per year for an unaltered dog. Patricia Stringer Chief Animal Control Officer 210 Fidalgo Avenue Kenai, Alaska 99611-7794 (907) 283-7353 Patricia Stringer 01/08/2007 E-a. Suggested by: Councilor Joe Moore CITY OF KENAI Nf3. 2202-20®6 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 11.05.090 TO LIMIT THE USE OF THE CITY OF KENAI BOAT LAUNCH, LOCATED AT THE MUNICIPAL HARBOR, TO VESSELS AND BOATS POWERED BY FOUR-CYCLE OR DIRECT INJECTION TWO-CYCLE ENGINES. WHEREAS, the City of Kenai recognizes the unique relationship between the Kenai River and the citizens of the Kenai Peninsula, Alaska, and from throughout the world; and, WHEREAS, the Kenai River is a significant economic engine supporting businesses and families on the Kenai Peninsula; and, WHEREAS, the City of Kenai recognizes the necessity for pro-active measure to ensure the health of the Kenai River for present and future generations of commercial and recreational users; and, WHEREAS, the Alaska Department of Environmental Conservation (ADEC) is proposing the categorization of the Kenai River as a Category Five-Impaired Waterbody; and, WHEREAS, the Alaska Department of Natural Resources (ADNR) is proposing changes to regulations which will limit vessels and boats on the Kenai River to 50 horsepower or less, four-cycle and direct injection two-cycle engines; and, WHEREAS, total aromatic hydrocarbons (TAH) in the Kenai River water-column have exceeded the State water quality standards in each of the preceding fours years, and many of the preceding fifteen years; and, WHEREAS, the source of TAH in the Kenai River water-column has been determined to be gasoline outboard motors; and, WHEREAS, there exists little communication and cooperation between the Alaska Department of Fish & Game, the Alaska Department of Natural Resources, and the Department of Environmental Conservation to work towards cooperative, reasonable solutions to problems facing the Kenai River; and, WHEREAS, conventionally carbureted two-cycle motors do not meet the U.S. Environmental Proteclion Agency (EPA) 2006 emission standards; and, WHEREAS, conventionally carbureted two-cycle motors deposit a minimum of ten fimes more TAH into the water-column than four-cycle motors or direct injection two- cycle motors; and, Substitute Ordinance No. 2002-2006 Page 2 of 2 WHEREAS, limiting the use of the City of Kenai Boat Launch will lower the amount of TAH deposited into the Kenai River from vessels/boats using the City's Boat Launch. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 11.05.090 is amended by adding subsection (f) as follows: (f) Effective May 7, 2007, the use of the City of Kenai Municipal Boat Launch will be limited to vessel/boats with four-cycle or direct-injection two-cycle engines, except that use of the boat launch by the following is allowed: i. Non-motorized boats/vessels; ii. Boats/vessels powered by diesel engines; iii. A permit may be issued for use of the boat launch by boats/vessels directly accessing Cook Inlet. There shall be no extra charge for the permit above the ordinary boat launch fee. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Cierk Introduced: December 6, 2006 Substituted and Postponed: December 20, 2006 Third Hearing: January 17, 2007 Effective May 1, 2007 TaPbOX a11t~ Tai"~OX December 11.2006 Chris Degernes, Chief Field Operations Division of Parks and Outdoor Recreation 550 W. 7'" Ave, Suite 1380 Anchorage, Alaska 99501-3561 Dear Chris: P.O. Box 3507 Soldotna, Alaska 99669 907-262-7767 tarbox©otiallaska net The purpose of this letter is to oppose the new regulations proposed for the Kenai River Special Management Area. (KRSMA). Specifically, I am opposed to increasing the horsepower from the present 35 horsepower to 50 horsepower and establishing a maximum length boat of 21 feet on the river (it should be smaller). For the record, 1 am retired from the Alaska Department of Fish and Game QADF&G). I served in Upper Cook INet (UCI) as the Fisheries Research Project Leader for the Gomroercial Fish Division from 1980 to 2000. Presently, I operate a professional consulting firm dealing with fishery issues. I have a Bachelor of Science degree from the University of Washington in Fisheries Science and a Master of Science degree from Louisiana State University in Fisheries Science. The State of Alaska, Department of Natural Resources (DNR) has proposed regulations which purport to deal with two issues on the Kenai River -hydrocarbon pollution and bank erosion impacts from boat wakes. DNR has not stated any social reasons for these regulations although there are social consequences. In my review of the scientific data it appears that these concerns are valid. Studies to date have documented significant hydrocarbon levels in the Kenai River that are well above levels that impact aquatic life. In addition, erosion rates of the river banks far exceed natural levels and pose a long term threat to the resources of the river. In contrast to the science behind these issues there is little science available to evaluate the solutions proposed by DNR. In fact, DNR has not provided the public with any written or peer reviewed scientific analysis of the impacts of the proposed regulations. This is a serious deficiency in forming governmental policy. Instead, DNR appears to have relied on a lay advisory board to make these recommendations which confused science with self-interest at best. My comments below will deal with each issue separately. HYDROCARBONS IN THE KENAI RIVER This is a complex multivariate problem and one which requires good science and solutions to solve. I have prepared the following to help understand the issue and evaluate what is defendable and what is not. Here is my attempt at a factual understanding of the issue: • Page 2 December 11, 2006 1) Assuming 325 boats use the KRSMA daily during July and approximately 15 % are older 2 stroke engines (from 2006 data) then 49 older 2 stroke engines and 276 4 stroke engines are using the KRSMA. 2) Controlled scientific testing has shown when all other variables are equal that 4 stroke engines are 10 times more efficient than older 2 stroke engines. Therefore the 49 older 2 stroke engines are the equivalent of 490 4 stroke engines relative to hydrocarbon discharge. 3) The assumption of equal variables in the controlled studies is probably not applicable here since the guide industry, which has primarily 4 stroke engines, operates differently than the general public in terms of hours on the water and total running time. Thus total fuel use could be much greater for 4 stroke engine users than older 2 stroke engine users. 4) It is reasonable to assert that older 2 stroke engines are a major contributor to hydrocarbon pollution in the river. 5) It is also reasonable to assert that at least a third to a one half of the measured pollution levels are due to the present 4 stroke engines on the river. This will be higher if use patterns are radically different and actual in-river fuel efficiency is significantly different from the controlled studies. 6) The State of Alaska hydrocarbon standard of 10 ppb is violated in July. 7) Relative to the issue of going from 35 to 50 horsepower and hydrocarbon poiiution, data provided by the Department of Environmental Conservation (DEC) indicated that increased fuel use will take place at higher horsepower. DEC has stated the level of increased fuel use is proportional to the horsepower increase. 8) No data have been provided by DNR to evaluate the present daily fuel consumption used by boat operators on the Kenai River. A detailed model of impacts cannot be completed without this information. 9) There is a lack of data to evaluate peak hydrocarbon levels on a temporal and spatial level in the KRSMA. Measured levels to date because of limited sampling probably do not represent peak values for the KRSMA. Therefore, based on the above I have the following conclusions: 1) With a goal to reduce hydrocarbon pollution there is defendable data to support the elimination of older 2 stroke engines in July. 2) A total year long ban on older 2 stroke engines, while desirable, is not defendable with the existing data set and therefore can be discussed in the context of a longer phase out plan. 3) The data to defend the position that fuel discharge to the Kenai River will increase by going from 35 to 50 horsepower engines is defendable. Therefore, if the goal is to reduce discharge of hydrocarbons in the KRSMA the limitation on horsepower should remain at 35 horsepower in the KRSMA. 4) There is a high probability that increased use of the KRSMA will be seen as 50 horsepower users, many of whom did not detune their engines, return to the river. This negates some of the benefit of reducing older 2 stroke engines. 5) To meet DEC water quality standards for hydrocarbons there is high probability that the number of boats must be reduced in order to assure that the standard will not be violated in the KRSMA. ® Page 3 December 11, 2006 BANK ER®S~®N AN® USE PATTERNS ®N THE KENA~ RIVEF{ The stated reason for DNR proposal to increase horsepower on the Kenai River from 35 to 50 horsepower is to allow `typical KRSMA power boats can operate more efficiently to achieve planning(sic) speed and reduce the size of boat wakes." In addition, the regulation purports to make engines standard. Finally, a size limit on boat length (21 feet and 106 inches wide) is proposed so that larger boats and heavier boats will not be used with the higher horsepower. DNR is not consistent on this position. In a letter to the United Cook Inlet Drift Association (dated 17 November 2006) Commissioner Menge states "Our understanding of the research conducted on the Kenai River on bank erosion caused by boat wake is that these regulation changes may reduce the types of boating operations that cause the most destructive boat wake." I have to wonder if Commissioner Menge knew this regulation would not accomplish anything meaningful and has allowed a political agenda to take priority. Therefore, DNR does not claim any wave height reduction will directly reduce erosion in the Kenai River. In fact, DNR did not prepare a Director's findings on the boat wake height reduction and erosion impacts. DNR has provided no data to the public which defines the anticipated wave height reduction for the loads and boat types used in the KRSMA. Erosion rates are a function of wave energy, wave height, number of waves hitting a bank, and the erosion coefficient of the soils in the bank. Examples of confounding issues which makes this regulation questionable are: 1) Faster boats on the Kenai River as a result of horsepower increase will result in increased wave velocity. This will mitigate any benefit from a wave height reduction: 2) The wave height reduction, although not stated in any DNR finding, is assumed to be based on the Phase 1 studies and less than 12% for the heavier and poorly designed vessels. The Phase 1 studies indicated that hull design, load, and horsepower needed to be considered in any solution to erosion problems along the Kenai River. A single variable solution is not viable or defendable. Improved design of vessels and Toad considerations reduced wave height much more than horsepower per se yet DNR has failed to take this into consideration in the proposed regulations. 3) DNR has stated that the horsepower finding is designed for the typical Kenai River vessel. However, DNR has provided no data to support that conclusion. In fact, it is probable that the average boat size today on the Kenai River is less than the maximum proposed. Therefore, allowing higher horsepower will move the average boat size toward the maximum and therefore increase the average wave height for all boats using the river. This will result in increased erosion, not a decrease. 4) DNR has not made public the Phase 2 boat wake studies which may help address this issue. 5) DNR has not taken into consideration the probable increase in boat use of the Kenai River as a result of this regulation. Individuals that do not presently fish the Kenai River, because they elect not to detune their 50 horsepower engines, will be able to access and use the river under this regulation. Increased growth in the fishery will increase the number of waves hitting the banks and with higher average wave velocity thereby increasing bank erosion. 6) DNR has no ability to enforce the 50 horsepower regulation. While the regulation proposes an inspection program the internal modifications to 50 horsepower engines are not viewable and horsepower can easily be increased by over 20%. This will push vessels even faster with higher wave velocity and therefore increase bank erosion potential. • Page 4 December 11, 2006 My findings, based on the available data and comments from DNR and DEC representatives, strongly suggests that increased horsepower in the KRSMA is not defendable. In fact, it is likely erosion rates will increase as a result of these proposed regulations. Breakdown in Logic for the Kenai River Resources DNR has placed itself in a conflict of logic situation with these proposed regulations. On the one hand DNR has taken a strong position against hydrocarbon discharges by older 2 stroke engines. In fact, the situation is so dire that they are willing to ban them all year long starting in 2008. However, DNR is willing to accept the worst erosion producing vessels on the river and even try to accommodate their use by increasing horsepower and resultant hydrocarbon discharge to the KRSMA. In addition, DNR is allowing vessels larger than 21 to operate through 2010 which is longer than the time line for 2 stroke engine removal. This begs the question of why DNR would allow this to happen. The obvious conclusion is that one user group -the general public who own older 2 stroke engines is not as significant economically in DNR's opinion as the guided fishing industry that tends to have these larger vessels. In fact, DNR appears to be favoring polluters by the horsepower increase. Those who own larger vessels which pollute via increased erosion and increased fuel use are not being asked to sacrifice. Other Considerations Relative to these Proposed Regulations 1) DNR has corrupted the public process with these proposed regulations. DNR has failed the general public by not providing any significant analysis of these regulation changes on resource protection outcomes or economic impacts. DNR has therefore made this a popular opinion issue -vote whether you want to be a polluter of the river or a protector of the river. In fact, good public policy would have allowed a full and open discussion of alternatives and impacts. The KRSMA advisory board did not conduct any alternative option analysis, DNR has not completed this task, and ADF&G has been silent. Therefore, these regulations have created conflict in the community with potential adverse impacts to all users when resources are negatively impacted. 2) DNR has not made available data for review. Internally inside DNR a draft of the Phase 2 Boat Wake study has been reviewed. In contrast, the public has not seen this report. DNR has not indicated they will use the draft findings to evaluate this regulation impacts or not. It appears at this time that DNR is ignoring or concealing a significant report in the decision making process. 3) DNR has not indicated what the impacts of these proposed regulations will be on communities and areas outside the KRSMA. For example, banning older 2 stroke engines in the KRSMA will likely move these vessels and motors downstream and outside the KRSMA. This has the potential of not reducing hydrocarbon discharges at all in the river and creating conflict with other user groups downstream (personal use dip net boat fishery). The lack of discussion with the City of Kenai and Alaska Board of Fish on a comprehensive approach is a serious flaw in DNR's piecemeal approach. • Page 5 December 11, 2006 4) DNR has made no attempt to resolve conflicts between agencies on these regulations and data analysis. The DEC has indicated that moving to 50 horsepower will not solve the issue of hydrocarbon pollution in the Kenai River. However, in a letter to UCIDA dated 17 November 2006 Commissioner Menge states "On the matter of changing horsepower limits to 50 hp, our review of the data does not give us fhe same conclusion." However, DNR has not made public any review of the DEC data. In fact, DNR has made no findings available from internal discussions. 5) DNR is circumventing DEC authority to prepare a recovery plan for the Kenai River hydrocarbon pollution. Under the Category 5 Impaired status DEC is required by the Clean Water Act to prepare a recovery plan. DNR has known that the river is going to be listed and yet went forward with these regulations despite DEC actions. This puts DEC in the position of having to start with new limitations on any recovery plan. It confuses the data set and makes completing a comprehensive plan more difficult. Will DEC even consider low horsepower if DNR has just passed a regulation that increased horsepower -not likely? 6) DNR has not provided any analysis of what increased horsepower means for safety of human life in the KRSMA. The present limitation of 35 horsepower was based on safety considerations and yet DNR feels that it need not mention what going to 50 horsepower means relative to this subject. Thank you for the opportunity to comment on these regulations. It is my humble opinion, having prepared and commented on regulations for over 20 years, that these proposed regulations have serious flaws. These flaws are significant enough that a court challenge would have a high probability of success and that the strife and conflict in the community as a result is not warranted. Therefore, my suggestion is to table action on these regulations for at least 180 days. During that time period DNR, DEC, and ADF&G should form an independent study team with experts from outside the agencies. The goal of this team is to evaluate the options and consequences of various alternatives on erosion and hydrocarbon reduction solutions in the KRSMA. Upon completion of the independent review and written findings DNR can then evaluate (based on good science) and pass into regulations those solutions that are defendable and enforceable. Sincerely, Kenneth E. Tarbox President ~,; k f tl7eu~uf KENA~ SKA °°t/'llaa~e wit~i a Past, Git~ wit~t a ~ittuYe'° 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 1'~Ili 1992 ~~~.110 ~ TO: City Council FROM: Rick Koch, City Manager DATE: December 13, 2006 SUBJECT: Proposed Alaska Department of Natural Resources (ADNR) Regulation Changes for the Kenai River Special Management Area (KRSMA) River Mile 19 to Warren Ames Bridge The purpose of this memorandum is to provide a list of questions you may wish to have answered by the representative from ADNR, Jack Sinclair, at the council work session today. 1. The Alaska Department of Environmental. Conservation (ADEC) has publicly stated that the effect of the proposed regulatory changes will n7crease the TAH (total aromatic hydrocarbon) levels in the Kenai River. What is ADNFt's response to that claim? 2. Why is the schedule to adopt these proposed regulations in advance of the boat wake study being completed? Do you feel the consideration of these proposed regulations in advance of the 2005 phase 2 wake study to be premature? 3. The manufacturers make just as many 40 horsepower four-cycle outboard motors as 50 horsepower outboard motors. Why increase the horsepower limit to 50 horsepower instead of 40 horsepower? 4. A boat of the dimensions allowed in the regulations is a very large boat. 21 feet long, and 8 feet 10 inches wide. For highway transport an over-width load is 8 feet 6 inches in width . If the proposed regulation changes are in-part meant to address boat wake-size, why is such a large boat being permitted, that could be loaded so heavily? 5. Can ADNR consider regulations to prohibit fishing from a boat while the outboard motor is running? If so, have you? 6. Can ADNR consider regulations prohibiting the practice ofback-trolling? If so, have you? Has ADNR given consideration to limiting the hull configuration allowed on the Kenai River? Such as vee, semi-vee and flat bottom boats. If so, how? If not, why not? 8. Has ADNR considered limiting the number of individuals allowed in a boat? If so, how? If not, why not? 9. The appearance of these regulation changes maybe to give guides the benefit of larger motors on large boats, while eliminating private sport fisherman that have smaller boats and conventional two-cycle motors. How does ADNR respond to that statement? 10. Have these regulatory changes been drafted by ADNR to address specific issues pertaining to the health of the Kenai River, or were these regulation changes drafted by another group, or groups and submitted to ADNR for consideration? 11. Has ADNR considered allowing the use of conventimlally aspirated two-cycle outboard motors on the Kenai River at times of the year other than the end of June, July, and the beginning of August? If so, why did you not allow it? OUTBOARD MOTOR MANUFACTURERS 20HP-50HP FOUR-STROKE TWO STROKE MODELS 2007 MODEL YEAR FOUR CYCLE MOTORS MANUFACTURER 20 HP 25 HP 30 HP 35 HP 40 HP 50 HP HONDA X X X X YAMAHA X X X MERCURY X X X X SUZUKI X X X X NISSAN X X EVINRUDE JOHNSON X TOHATSU X X D.I. TWO CYCLE MOTORS MANUFACTURER 20 HP 25 HP 30 HP 35 HP 40 HP 50 HP HONDA YAMAHA X X MERCURY SUZUKI NISSAN X X EVINRUDE X X JOHNSON TOHATSU Proposed Park Regulation Changes for the Kenai River Special Management Area, Alask... Page 1 of 2 Proposed Park Regulation Changes for the Kenai River Special Manageme The Department of Natural Resources has announced that proposed changes to Park ASE* fir regulations affecting boaters on the Kenai River Special Management Area are now cu_rrene N available for public review and comment. The proposed changes include: cabins _Statewide ~ Jam' Increase the maximum allowable horsepower for motorized boats in the KRSMA Park Fees (7 from 35 to 50 horsepower (hp); aoa Facia Individual Restrict boat lengths to 21 feet and boat widths to 106 inches; Jewels of For More By January 1, 2008, require all outboard engines used in the KRSMA to be either Be safe four-stroke or direct fuel injection two-stroke motors. R_eiaced_5_ For more information on the proposed changes, please review: Public Notice Additional R~ulations Notice Information _Proposed R~ulations Director's Decision_on Reduction of H_yd_rocarbons on_the Kenai River. The public may provide comments in a number of ways: Attend a public hearing in Soldotna or Anchorage, and provide written or oral testimony: d ~{~..6OlB i~~, {V(8v. G59~ 8.V 66 ~:4YV ~, t~er~ai Reraera~csEa scar®a~gh ~~serrtl~Ey OEsaar~bers, Soldotara, ~K 1~edne~di~Yd Nov'. ~~3, Peo4f - °Oa~CR ptn, ~k6Cte ?~~r 1~Cb~.7e E~: ~~~V83C4d EX @f Sid EYt ~, ~S$) 7$h. d~.S9~ax 1$9tC§'6or~C„.~e, $K Submit written comments by mail, fax or email to: Chris Degernes, Chief, Field Operations Division of Parks and Outdoor Recreation 550 W. 7th Ave., Suite 1380 Anchorage, AK 99501-3561 Fax: (907) 269-8907 Email: Chris Deger_nesad_nr state.ak.us ~6i crarat~nverrts are s6ue ~Sy coo p oss 7eae~daVx Csecea~s6aer 3.9, 206~~. Last updafed on Friday, 77-Nov-2006 13:36:20 AKST. Site optimized for Netscape 7, IE 6 or above. Not sure who to contact? Have a question about DNR? Visit the Fubhc :nf<~rrn<t ion Center. Repoli technical problems wi4h this page to fhe W ~~ bmasfai~ http://www.dnr.state.ak.us/parks/krsma/proposedchange.htm 12/13/2006 Register 2007 NATURAL RESOURCES 11 AAC 20.860 is repealed and readopted to read: 11 AAC 20.860. Boat motor use. (a) Except as prohibited by 11 AAC 20.865, and subject to the restrictions set out in this section, the operation of a boat by the use of a boat motor is allowed in the Kenai River Special Management Area. (b) A person may not operate a motor or combination of motors with a total propshaft horsepower rating greater than 50 horsepower. Eor the purposes of this subsection, the original propshaft horsepower rating must be clearly identified in the model number that is permanently embossed, stamped or affixed on the motor stern bracket by the manufacturer and may not exceed a rating of 50 propshaft horsepower. This horsepower rating limitation does not apply to: (1) the operation of a boat on Kenai bake, on Skilak Lake, and on the Kenai River between the Kenai Lake Bridge and river mile 80.7; and (2) the operation of a boat by a federal, state, or local governmental agency for the purpose of law enforcement or search and rescue, or for the purpose offish and game management under a park use permit issued under 11 AAC 18.010. (c) A person may not operate a boat in the Kenai River Special Management Area by the use of a motor that has been altered or disguised with respect to the manufacturer's propshaft horsepower rating, manufacturer cowling decals, or the model or serial numbers to produce more than 50 propshaft horsepower. (d) Effective January 1, 2008, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor unless the motor is afour-stroke motor or a direct fuel injection two-stroke motor, as described in Attachment A of the Director's Decision on Register _, 2007 NATURAL RESOURCES Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed November 16, 2006, and adopted by reference. (e) Effective 7anuary 1, 2008, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor without displaying on the motor cowling a decal issued by the Division that certifies that the motor is in compliance with the requirements of (d) of this section. (f) For the purposes of tlvs section, (I) "propshaft horsepower rating" means the boat motor's original manufacturer rated and labeled horsepower; the addition of a jet drive unit to any boat motor does not change the equivalent propshaft horsepower rating of the motor powerhead and driveshaft configuration for the purposes of this section; (2) "four-stroke" motor is an internal combustion engine whose cycle is completed in four piston strokes and includes a suction stroke, compression stroke, expansion stroke, and exhaust stroke; (3) "direct fuel injected two-stroke" motor means one whose fuel is directly injected into the top of the cylinder of an internal combustion engine whose cycle is completed in two piston strokes. (Eff. 5/11/85, Register 94; am 4/25/86, Register 98; am 7/1/89, Register 110; am 7/1198, Register 146; am _//, Register ~ Authority: AS 41.21.020 AS 41.21.506 11 AAC 20 is amended by adding a new section to read: 2 Register _, 2007 NATURAL RESOURCES ll AAC 20.861. Boat specifications. (a) A person may not operate a motorized boat in the Kenai River Special Management Area that exceeds 21 feet in overall length and 96 inches in overall width. This restriction does not apply to boats operated in accordance with 11 AAC 20.860 (b~(1~ ana 11 AAC 2os6o ~b~(2~. (b) The director may authorize a person to use a motorized boat that exceeds 21 feet in overall length or 106 inches in overall width, provided they provide proof of ownership of that boat that precedes the effective date of these regulations. When the director provides an authorization under this subsection, the director shall issue a nontransferable permit under 11 AAC 18. A permit issued by the director under this subsection expires no later than December 31, 2009. (c) For the purposes of this section, (1) "overall length" means the straight-line measurement between the extremities of the boat, but does riot include trim tabs or outboard motors; (2) "overall width" means the staight-line measurement between the two widest extremities of the boat, measured at a right angle to the overall length measurement; (3) "outboard motor" means a boat engine that, when properly mounted on a boat in the position to operate, houses the engine and drive unit external to the hull of the boat; (4) "trim tabs" means an extension of the bottom oP a boat, at the transom, which is no more than 18 inches long at its longest point; "trim tabs" do not provide any increased floatation, and their sole function is to provide trim to a boat while underway. (Eff. //, Register ~ Authority: AS 41.21.020 AS 41.21..506 3 Register _, 2007 NATURAL RESOURCES 11 AAC 20.865 (b} is repealed: (b) The director may authorize a person who on August 30, 1998, owns property directly adjacent to the Kenai River between river mile 80.7 and Cooper Creek to continue to operate a boat between river mile 80.7 and Cooper Creek by use of a boat motor with a total propshaft horsepower rating or equivalent propshaft horsepower rating not greater than 35 horsepower. When the director provides an authorization under this subsection, the director shall issue a nontransferable permit under I 1 AAC 18. A permit issued by the director under this subsection expires no later tiiari August 30, 2003. (Eff. 4/25/80', Register 98; am 2/3/88, Register 105; am 7/1/98, Register 14b; am 5!3/2001, Register 158, repealed _/ 1, Register ~ Authority: AS 41.21.020 AS 41.21.506 4 ~~1 lI 1~~ 0~ ~~\ \ ~ FRANK H. MURKOWSKI, GOVERNOR '~u' 1`\vJI~ [,E' 550 W. 7T" AVE., SUITE 1380 ANCHORAGE, ALASKA 998013561 PHONE: (907) 269-8700 FAX: (907) 269-8907 DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS AND OUTDOOR RECREATION Director's Decision Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River November 16, 2006 Purpose: The Kenai River Special Management Area Advisory Board has recommended that the Department of Natural Resources promulgate new regulations that would increase the current maximum horsepower limit from 35 to 50 horsepower, limit the size of boats, and restrict all motors used ou the river after January 1, 2008 to those which meet the emission standards specified by U.S. 1;nvironxnental Protection Agency (I/PA) for motors manufactured in 2006. This document specifically addresses how the KRSMA Board's recommendation for motor emission restrictions will be implemented following the January 1, 2008 timeframe. The KRSMA Board's recommendation is intended to reduce hydrocarbon pollution in the river that is caused by outboard engines by requiring the use oP cleaner burning outboard engines in 2008 and beyond. The types of engines that produce the greatest levels of hydrocarbon pollution will no longer be perniitted fox use on the river. Background: The use of motorized boats for recreational and sport fishing access on the Kenai River has been widespread for over 30 years. In the early 1980's, growing eoncenrs about the level of use eventually lead to the legislative creation of the Kenai River Special Management Area (KRSMA) in 1984, with management assigned to the Division of Parks and Outdoor Recreation. The KRSMA includes Kenai and Skilak Lakes and the entire river system downstream to river mile 4, plus a number of adjacent upland parcels along the river corridor. The world class fishery provided by the Kenai River has fueled an extensive guided and non-guided sport fishing mecca, with peak use in July associated with the popular second runs of king salmon and sockeye salmon. Most of the fishing for kings occurs from boats using a variety of fishing methods $om back trolling (bow of the boat is facing upstream with motor in forward gear, with just enough power to slowly drift downstream, slower than the river current), to drifting (boat is perpendicular to river flow, with the motor generally used to maneuver back and forth to avoid other boats similarly engaged.) With either method, when the back troll or the drift through the target area is complete, the boat operator frequently motors back to the top of the hole to repeat the pass. While the Kenai River is open to king salmon fishing in the entire 50 miles of river below Skilak Lake, several concentrations of fishing effort occur, with the heaviest effort concentrated on the lower 19 miles of the 105 mile long river system. In the late 1990's, the KRSMA Advisory Board, in cooperation with local advocacy groups, worked on a water quality monitoring framework to implement systematic water quality testing on the "Develop, Conserve, aradEnhance Natural Resources,forPresentand Future Alaskans." Reduction of Hydrocarbon Pollution -Kenai River 11/17/06 Page 2 of 4 Kenai River. In 2000-2002, the Kenai Watershed Forum conducted systematic water quality monitoring, and was surprised at the data that showed elevated levels of hydmcarbons within the water column. Amore extensive study contracted by the Alaska Department of Environmental Conservation in 2003 t documented that outboard motors were the source of the contamination, and that peak levels of hydrocarbons were directly correlated with heavy use on the river by motorized boaters. The study further documented that there were exceedances of the 10 ug/L (parts per billion) Alaska Water Quality Standard for total aromatic hydrocarbons (TAH) during peak motorized boating periods. TAH is associated with gasoline contamination. Additional water quality monitoring by the Kenai Watershed Forum in 2004-2006 confirmed that TAH continued to be a problem for the Kenai River during peak motorized boat periods. In fact, in each year monitored between 2000 and 2006, it has been documented that there were exceedances of the 10 ug/L Alaska Water Quality Standard for TAH. In 2006, the highest levels of TAH yet were reported, at 20.2 ug/I,. This level was reported on an extraordinarily busy day in which approximately 700 boats were counted on the lower Kenai River. Conventional carbureted 2-stroke outboard engines are inefficient systems. During operation, both the intake and exhaust ports are open at the same time, allowing fuel to pass directly through the engine. As a result, as much as 20-30% of the fuel passes directly to the air or water, releasing toxic and carcinogenic materials such as hydrocarbons, to the environment. Due to the colder waters in the Kenai River, hydrocarbons do not readily volatize and dissipate into the air, as they would in wanner waters typically found in the lower 48 states. As a result, a significant amount of the hydrocarbons emitted with engine exhaust become dissolved in the water of the Kenai River. The turbulence of the Kenai River contributes to relatively equal distribution of the contamination, from the river's surface to the bottom, with increasing levels of contamination found as one proceeds downstream due to the accumulation of pollution from the collective activities of motorized boat traffic. An EPA contractor evaluated emission samples from hundreds of outboard motors from various manufacturers over the years, and established the amount of pollution emitted from the various outboard engine families. EPA emission standards for outboard engine manufacturers have been established, with the most stringent federal standards set fox 2006 models. An evaluation of the certification data shows that 4-stroke engines and the relatively new technology found with "direct fuel injected" (DFI) 2-stroke engines consistently produce low levels of hydrocarbons, as compared to traditional carbureted 2-stroke engines. In both 4-stroke and DFI 2-stroke outboard engines, the timing of the fuel injection is the key. Fuel is injected so that it doesn't happen when exhaust gases are being expelled, preventing fuel from being exhausted before it can be burned. Some electronic fuel injected (EFI) 2-stroke engines use a device similar to a carburetor so they don't resolve the issue of unspent fuel being expelled with the exhaust gases. Not all EFI engines meet the new EPA standards -only DFI (a type of electronic fuel injection) 2-stroke engines currenfly meet the cleanest burning technology required of new engines manufactured for use in the US. And, all 4-stroke engines meet the current emission standards. ~ Kenai River Hydrocarbon Assessment, Pinal Report, January 9, 2004, OASIS Environmental, Inc. ~ EPA Marine Sparlc-Ignition Engine Certification Data (http://www.epa.gov/otaq/ccrtdata.htm#marinesi) Reduction of Hydrocarbon Pollution -Kenai River 11/17/06 Page 3 of 4 Proposed Regulation: The KRSMA Advisory Board's recommendation that all motors be compliant with "EPA's 2006 motor emission standards" caimot be imposed exactly as proposed, as states are pre-empted from establishing standards or other requirements relating to the control of emissions.3 "Standards" are interpreted by the court as a quantitative level of emissions. The court also decided that EPA's interpretation of "other requirements" -certification, inspection, or approval - was a permissible interpretation. Other types of regulations were considered in-use regulation. In-use regulations were not explicitly defined, but the authority for the state to adopt them was derived in part from the state's right "otherwise to control, regulate, or restrict the use, operation, or movement" of motor vehicles. The State, therefore, can adopt an in-use regulatior2 that does not establish a quantitative level of emissions, or that does not establish certification, inspection or approval requirements related to the quantitative level of emissions. Decision: The Division of Parks and Outdoor Recreation is committed to the purposes for which the KRSMA was established by managing. recreational use in such a way that the fish and wildlife resources of the Kenai River are protected, by ensuring that the water quality of the Kenai River is maintained for all beneficial uses a Toward that eoah and in order to reduce the levels of hydrocarbon pollution on the Kenai River caused by motorized boat engines, all future engines should be limited to the cleanest burning engine technology that is available -any 4-sh~oke or any DFI 2-stroke engines listed in Attachment A, or any future engines that meet EPA manufacturing standards for US sale, and that are built after the signing of this decision, subject to applicable horsepower restrictions established fox the KRSMA. ~~- 11/16/06 Jerry Lewanski, Director Date Division of Parks & Outdoor Recreation a EMA vs. EPA, decided July 12, 1996 "AS4I.21.500-AS41.21.514 Reduction of HydrocarUon Pollution-Kenai River 1 I/17/06 Page 4 of 4 Attachment A Outboard motors that qualify for use on the Kenai River, as discussed in the Director Decision addressing the reduction of hydrocarbon pollution from motorized boats on the Kenai River, include the following engines or types of engines: l . Any 4-stroke motor, subject to applicable horsepower restrictions in effect at the time the re~uiafion is fmalized 2. Direct Puel Injected 2-Stroke motors, as follows: a. Nissan or Tohatsu, model 40 TLDI or 50 TLDI (subject to applicable horsepower restrictions in place at the time the regulation is finalized) b. Bombardier Motor Corporation (Evinrude) model E-T1;C 40 or E-TEC 50 (subject to applicable horsepower restrictions in place at the time the regulation is finalized) "V'fla~e wit~r a Past, Gc~ witti a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us December 14, 2006 I{RSMA Kenai River Center 514 Fuimy River Road Soldotna, AK 99669 Subiect Proposed Alaska Department of Natural Resources (ADNR) Regulatory Changes Members of the KRSMA Board: The purpose of this correspondence is to request that the KRSMA Board pass a motion(resolution requesting that ADNR postpone the implementation of proposed changes to 11 AAC 20.860 and 1.1 AAC 20.861 relating to allowed boat motors use, aild allowed boat specifications for the Kenai River Special Management Area. Yesterday the city council met with a representative of ADNR to discuss these proposed regulatory changes. At the conclusion of the meeting I was directed to submit comments to ADNR requesting that the implementation of these proposed changes be postponed until the Phase 2 wake study was complete acid reviewed, and alternative methods of reducing total aromatic hydrocarbons (TAH) were considered. Thank you for your attention in this matter. Sincerely, ~I Y OF ~~NAI r U//l,'~lj. JR c Koch City Manager ~~ I2-10-2006 Honorable. Pat Porter-Kenai City Mayor Kenai, Alaska 99611 Dear: Mrs. Mayor Pat Porter & City Council Members Subject: City Council's Ordinance to ban 2-stroke engines from the Kenai City Dock-launching ramp by 2007 I do believe the city council members are doing the right thing by voting to get comments from the public on restricting the use of various motors that are not a four -stroke. I am not in favor of the nronosed ordinance by city council member Joe Moore. It sounds like we should be looking at the real source of the hydrocarbon problem it's not the local people who are mostly weekend sports fisherman that live here. We need to regulate the guide industry they have over 500 boats to maybe 20 daily local sports fisherman that live here on the Kenai Peninsula that fish the Kenai river for a day of fun. Sense we are into changing the rules on the Kenai River; you need to limit the guides to three days per week and local fisherman to three days and take hydrocarbon reading to ensure that the problem is the two-stroke engines. I have been an Alaskan for over 45 years and yes I have been fishing the Kenai River since the early 80's and we used to catch our limit and now with all the guides and no regulations to control them and most of us go out and don't catch to many fish. When you see the guides with bigger boats, new 50 hp and 6 fishermen on board traveling much faster, they say their boats have been detuned, I don't think so. I think this whole issue is about money not about really fixing the problem. The guides should be treated like the commercial fishermen, same type of rules apply to them and maybe we can get some relief and catch a few fish and maybe it would be worth it to get a 4-stroke engine. Most of my friends have give up on fishing the Kenai River for Kings to many boats they wait until the silver salmon run comes in. I would hope you would listen to the local people who have boats that live here year round and to make sure it is a fair decision, so please do the right thing for all of us. Thanks! Respe ally Submitted. onald L. Mc loud-Pa t Ken Peninsula Borough Assembly President 405 Haller SEreet Kenai, Alaska 99611 Phone: 907-283-7565 ~K K/~ Kenai City Council Z @ Q Fidafgo Rve. Kenai, Ak. 'y'35 @ ! Fear tviayoz Porter and ~ih CounciLmen, LSec. I3, 20hfs As a resident and property owner in tare City of Kenai, and having been one (tar over eleven years, Pve got to ask i; you have lost your iretter senses? ~'lxy do you wish to wasEc your fleas, alienate Eoca@ supporters, and turn away dty revenue, when ail your aatiarxs wid@ do nothing to lxelp the watez quality in tixe Kenai z~iver? If af- t@re zesource agencies are working ear a wide variety of causes, wlay would gate target one small group of river users? p,%hy do yrru Feel you mast take the lead in sametixtng you l~tow very titttle about, wBten there are psafessianals working duly otr these problems. t~'&iy would you up the time table far the lannch, when using t9re river is stilt allowable. why not follow fit!e nt@rer agencies tsme lines, sines they are the Drees overseeing tare big picture. wheat goad rvoudd ,you do by (arcing ea~;;tyane wr'th a 2-stroke motor to use someone else's beat ramp? There ace sevas~al goad altornatives 20 TZenai's, one is right across the river from yours, If the river is onto polluted beyond t@xe scat standards tar .Poly, than why ban the Z-stroke motors year araundT A representatsve for the commercial set a;etters teas already asked far an exception far them, and the drift. net boats wilt be next F3ave you locked arcane tttasc big beats anchored in the rivea~ hr fa~asnt of tkae laanch7 Nbost of them are older than the 2-stroke matozs, oral most. likely hauc diesa- furl, hydraulic oi@, and Debar petrateu!n products drsp;+ing 9nta tl:e river. A tat of your itrx paying aitizerrs, like me, have small boats wirlr ?-stroke atrotors. df we used them everyday, instead of a few eimes a yeaa~, it watald he a different matter. If we had several extra thausartti dollars lying around we would ail fray new 4-strokes, but mast of us don't. A lot of us are olden retired propte who worked hard for what we Have, acrd I don't think it is tea mueir to ask, far you guys to not make it harder on us than et already is. New that Y Lhink afsout it ----- that really is net your tratct launch --•--- rt belan@;s to us oitizens who paid Sor it wit32 our texas, andst is naaintaraaed by us users wrth our launch fees. 5o t respectfu@@}r request Yhat you keep it open for people with 2-stroke motors. 5itrcereiy s=our, Robert A. ~~ckdaie S 5 i t I`oyou way. Kenai, Ak. 396I @ Cook Inlet Salmon Brand Inc. 0 14896 Kenai Spur Highway, Suite 206 . Kenai, Alaska 99611 rec (907) 335-WILD (9453) . Fnx: (907) 335-9454 . wee: kenaiwild.org • emaa: Info(~kenaiwild.org December 13, 2006 City of Kenai 210 Fidalgo Ave Kenai, AK 99611 Dear Council Members, i°„ tug h-~ c~,~, ray >;: n;.,, Raising the Kenai River to a level 5 for hydrocarbon emission levels has potential serious consequences for every community and user group located in the watershed. It is hoped that all interested parties will work cooperatively on this complex issue with the entire user groups involved. The resolution to this problem will evolve many comprises that Cook Inlet Salmon Brand, Inc (CISB) hopes will be borne equally across each of the user groups. No one group should benefit for fixture use from current user groups. These complex constraints, political, biological, environmental as well as Federal involvement will take innovative strategies. It is imperative that a practical and workable solution that addresses all the complex issues as well as respects current and future user groups is developed. Hopefully the outcomes will be comprehensive enough to address the situation without creating a complex set of standards that would exclude or impede any current user group. Given the historic use of the Kenai River during peak summer months and the potential for the groups to revert to historic positions CISB wishes the City of Kenai the best during its beginnings discovery and negotiations. Cordially, Rick A. Roeske Program Managei j "V °fla9e wit~r a Past, Ge~ wit~i a Future" K~~ i~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -~ Telephone: (907) 283-7535 !Fax: (907) 283-3014 vdww.ci.kenai.ak.us the ceYy o f ~EHa~ sin MEMORANDUM TO: Kenai City Council FROM:r~ ~'~ Cary R Graves, City Attorney DATE: January 12, 2006 RE: The City's Authority to Regulate Boats and Boating on the Kenai River I was asked to examine the relationship and potential conflict between the home rule powers of the City of Kenai and the State's statutes and regulations regarding the Kenai River and Kenai River Special Management Area (KRSMA). Ordinance No. 2202-2006 proposes to limit launching of boats at the City of Kenai boat launch to boats with either four-cycle or direct injection or two-cycle engines. The ordinance approaches the issue from the City's role as owner of the property rather than as exercise of the City's land use power. If the City were to attempt to regulate other boat launches within the City, it would do so under its land use power. In particular, the question was to what extent the City of Kenai may regulate activities such as boating and fishing on the Kenai River and whether land use ordinances covering the use of non- city owned boat launches in Kenai (both private and state) would be valid given the State's role insegulating the river. KRSMA KRSMA is a unit of the State park system. It was established in 1984 with the intent of protecting and perpetuating the fishery and wildlife resources and habitat in the area acid to manage the recreational uses and development activities in the area and adjacent lands.3 In Kenai, KRSMA includes the surface estate in the land and water owned by the State upstream from the common section line of Sections 16 and 17, TowiLShip 5 North, Range 11 West, Seward The City may exercise more control over the property as owner than it may under its land use powers. Title 29 of the Alaska Statutes grants land use authority to boroughs. Under AS 29.40.010(b), boroughs may by ordinance delegate Land use authority to cities. Kenai Peninsula Borough Ordinance 84-40, enacted June 5, 1984, delegated land use power to the City of Kenai. ~ AS 4121.500 ' Ibid. Kenai City Council Sanuary I2, 2006 Page 2 of 4 Meridian.4 The boundary is a little upstream. of the Warren Ames Memorial Bridge, although for convenience purposes the boundary is usually described as "the bridge" in order to allow the public to visualize an easily recognized landmarks The statutes setting forth KRSMA are contained in AS 41.21.500-514. AS 41.21.506(d) states that a regulation adopted under KRSMA does not apply to land not owned by the State within a municipality unless the municipality approves its application to non-state owned land. The KRSMA regulations are contained in 11 AAC 20.850-890. 11 AAC 20.860 (Boat motor use) sets forth the horsepower restrictions for boats within KRSMA. Are municipal land use regulations applicable to State parkland? One of the issues that surfaces when examining this subject is whether State land is subject to local land use regulations. Alaska has rejected the traditional rule that the State was automatically exempt from local land use regulations.b AS 35.30.020 requires "public projects"~ built by the State to "comply with local planning and zoning ordinances and other regulations in the same manner and to the same extent as other landowners." This section has been interpreted to require the State to comply with local plamsing and zoning laws to the same extent as local landowners on construction projects.$ AS 35.30.030 allows the State to exempt itself from local land use regulations for public projects. That section states, "lf a department clearly demonstrates an overriding state interest, waiver of local planning authority approval and compliance requirement may be granted by the governor. The governor shall issue specific findings giving reasons for granting any waiver under this section." An opinion of the Alaska Attorney General states that AS 35.30.020 is inapplicable to state parklands and therefore municipal land use regulations do not apply.9 The opinion states, "Since the Legislature has not chosen either expressly or by necessary implication to subject the State parks to local zoning regulations, local zoning regulations are not applicable to state parks." Under the Alaska Attorney General's opinion, local land use regulations do not apply to State parkland (e.g. The Pillars). Even, if AS 35.30.020 were to apply, the State could waive any application of local land use rules if it felt they were in conflict with the purposes of the State's rules and regulations regarding KRSMA. " AS 41.21.502 s The City owns the riverbed of the Kenai River seaward from the boundary of Alaska Tideland Survey 272 to the mouth of the Kenai River. That includes the riverbed from the KRSMA boundary to the mouth of the Kenai River. Nadive Village ofEkluhza v. Alaska R.R. Corp., 87 Pad 41, 49 (Alaska 2004). ~ The team "`public project means a public building or other structure, public work, or other facility, highway, or local service road constructed or maintained by a department..." AS 35.30.040(1) (Emphasis added). " 1996 Alas. AG LEXIS 20; 1996 Op.(InfJ Atty. Gen. Alas. (October 24, 1996). 9 1980 Alas. AG LEXIS 716; 1980 Op.(Inf) Atty. Gen. Alas. (February 28, 1980). Kenai City Council January 12,2006 Page 3 of 4 Is the City pre-empted from regulating boating and fishing activity on the Kenai River or enacting land use restrictions on private boat launches within the City? The Alaska Constitution specifically included provisions to overrule the traditional limitations given to the powers of local governments.' Article X, Section 11 provides home rule municipalities with "all legislative powers not prohibited by law or charter." Article X, Section 1 provides in part that, "A liberal construction shall be given to the powers of local government units."" The Alaska Supreme Court has held that, "[m]erely because the state has enacted legislation covering a particular subject does not mean that all municipal power to act on the same subject is lost. We have consistently rejected application of any such concept in our cases dealing with home rule municipalities."12 (Footnote omitted.) The Alaska rule regarding pre-emption because of conflicts between state and local laws is somewhat different from the federal rule regarding pre-emption because of conflicts in state and federal law.13 However, the court in .Iefferson went on to state, "To say that home rule powers are intended to be broadly applied in Alaska is not to say that they are intended to be pre-eminent. The constitution's authors did not intend to create city states with mini-legislatures." They wrote into Art. X § 11 that the limitation of mmvcipal authority "not prohibited by law or charter." The test we derive from Alaska's constitutional provisions is one of prohibition, rather than traditional tests such as statewide versus local concern. A municipal ardinance is not necessarily invalid in Alaska because it is inconsistent or in conflict with a state statute. 1'he question rests on whether the exercise of authority has been prohibited to municipalities. The prohibition must be either by express terms or by implication such as where the statute and ordinances are so substantially irreconcilable that one cannot be given its substantive effect if the other is to be accorded the weight of law." (Footnotes omitted.)14 In Rubey v. City of Fairbanks, 456 P.2d 470, 475 (Alaska 1969), the court noted that if the Legislature wishes to "pre-empt" an entire field, it must so state. However, despite the lack of a specific prohibition, the Alaska Supreme Court has also held that, because of the "pervasive state control" of education, municipalities may not exercise control over education unless authorized by state statute.'s The rationale for that ruling is where the Legislature exercises "pervasive state control" over an area there is an implied prohibition of municipalities acting in that area. 10 Sinspson v. Municipality of Anchorage, 635 P.2d 1197, 2000 (Alaska App. 1981}. ~ ~ AS 29.35.400 also provides that, "A liberal construction shall be given to all powers and functions of a municipality...conferred under this title." ~~ Jefferson v. State, 527 P.2d 37, 43 (ALaska 1974). ~~ Ketchikan Gateway borough v. Kezclaikan Indian Corp., 75 P.3d 1042, 1054-1056 (Alaska 2003). 14 Jefferson at 43. is Macualey v. Hildebrand, 491 P.2d 120, 122 (Alaska 1971). Kenai City Council January 12, 2006 Page 4 of 4 Summary It is my opinion that given the "pervasive state control" of fishing and boating on the Kenai River both inside and outside of KRSMA courts would hold the City of Kenai has no authority to regulate fishing or boating activity on the Kenai River.16 It is the opinion of the Alaska Attorney General's Office that local land use regulations do not apply to State parkland (e.g. The Pillars). Even if AS 3530.020 were held to apply because the park is a facility "maintained" by a State department, the State could simply give itself a waiver from the City's land use provisions. The question of whether the City is pre-empted from regulating private boat launches within the City under its land use powers is a close call. It can certainly be argued that a Land use regulation prohibiting (by engine size or otherwise) use of a private boat launch by boats otherwise allowed by State regulation on the river is inconsistent with and conflicts with State regulations. While I think reasonable people may disagree, it is my opinion the courts would hold that because of the "pervasive state control" over fishing and boating, there is an implied prohibition of the City enacting a land use regulation which restricts the launching of boats from private boat launches that are otherwise allowed on the river by state law or regulation. Please let me know if you have any questions regarding these issues. 16 AS 1620.010(a)(1}states that "the state has jurisdiction over all fish and game in the state except in those areas where it has assented to federal control." E-3 Suggested by: City Council CYTY OF KENAI NO. 8203-8006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.15.130 ENTITLED, "TELEPHONIC PARTICIPATION" TO EMPHASIZE RESPONSIBILITIES OF THE COUNCIL MEMBER(S) REQUESTING TELEPHONIC PARTICIPATION OF A COUNCIL MEETING. WHEREAS, Ordinance No. 2130-2005 was enacted and became effective on December 2, 2005 to perxnit council member attendance to council meetings through telephonic participation, allowing members to take part in meetings when work or family matters require their absence from Kenai; and, WHEREAS, at the time of passage of Ordinance No. 2130-2005, the City Council requested the ordinance be brought forward for review at the end of its first year of codification; and, WHEREAS, on August 19, 2006, Ordinance No. 2168-2006 was enacted and amended Ordinance No. 2130-2005 by increasing the initial two meetings to four a year if the Council Member or the member's immediate family member required the member to be physically absent from more than one-half of the regular and special council meetings within athree-month period due to the need for extended medical care and treatment of the member or the member's immediate family; and, WHEREAS, at its December 6, 2006 meeting, the City Council reviewed the telephonic participation ordinance and requested further amendments be written for consideration which would emphasize responsibilities of the council member(s) requesting telephonic participation of a council meeting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.15.130 entitled, "Telephonic Participation" be amended as described in Attachment A of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: December 20, 2006 Adopted: January 17, 2007 Effective: February 17, 2007 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via telephone, the vice-mayor or president pro tempore shall preside. (b) No more than the first two (2) members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting. (c} The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least seven (7) days prior to a council meeting, but not less than forty-ei hg t (48) [TWENTY-FOUR (24)] hours in advance of a meeting that the member proposes to attend by telephone_ [AND] Such notification shall be provided in writing (facsimile and/or electronic transmission included) and shall provide the physical address of the location, the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification in writir,~ and within the pcriad of time prp~zded herein shall result in the member's exclusion from attendance of a council meeting through (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (~ The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by telephone at the member's expense. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. Ordinance No. 2203-2006 Attachment A Page 1 of 2 (j) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two-way voice communication. "Mayor" includes the vice- mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of two (2) meetings by teleconference during the twelve (12) month period starting November of each year. (o) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1 of each year if the member declares that he/she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or member's immediate family. (p) In this section, "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (q) Council members are responsible for any telephone long distance and/or back-up material transportation charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not considered to be on City business merely by attendance at a Council meeting via telephone. deducted from the member's monthly stipend. Ordinance No. 2203-2006 Attachment A Page 2 of 2 rr~./IG~~E WG~f1 a PaS~ ~iG WI~VJ Gd FIRtGIYe,r ~S-~~''~ !/ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ _ Telephone: (907) 283-7535 /Fax: (907) 283-3014 ~aW \ www.ci.kenai.ak.us \\ tkeGiyaf t~~S~ SUM KENAt, ALASKA TO: Mayor/Council FROM: Carol L. Freas, Ci Clerk DATE: December 29, 2006 RE: ORDINANCE NO. 2203-2006, AMENDING KMC I .I5.I30 ENTITLED, "TELEPHONIC PARTICIPATION" TO EMPHASIZE RESPONSIBII.YTIES OF THE COUNCIL MEMBER(S) REQUESTING TELEPHONIC PARTICIPATION OF A COUNCIL MEETING. In response to requests for additional information, the following has been prepared: UERY RESPONSE Number of times teleconferencing Swarner: 1 time has been used (since 12/2/05, Moore: 1 time effective date of initial ordinance): Eldridge: 1 rime Bo le: 5 times Cost to the City for delivery of council materials: $511.61 (avera e of $34 for 15 FedEx sends) Forwarding of lay-downs materials: To date, via fax and email transmissions (u to be innin of meetin ). Reimbursement costs billed to council members for teleconference calls: Total costs: $443.95 Amounts remaining to be reimbursed: $91.17 Teleconference call costs to the Ci None. HOW MANY MEETINGS MAY BE MYSSED IN OTHER MUNICIPALITIES? City of Homer Missing of three consecutive meetings, unless excused or, absence from the municipality for 90 consecutive days unless excused by Council. resolution. Council member must contact Clerk or Mayor ahead of time; Mayor excuses (except the 90-day absence); no limit on "excused" absences. Kenai Peninsula Borough Missing of three consecutive meetings, unless excused; excused '~, absences granted from a regular assembly meeting if the absence is due ''~. to the conduct of borough business authorized by the assembly or the president; excused absence maybe granted by the assembly or assembl resident for ersonal reasons. City of Ketchikan If the mayor or any member of the council shall be absent from Four consecutive regular meetings of the council, the council may declare his office vacant; and his office shall he automatically vacated if he is ''~.. absent from more than one-half of all regular meelings held within any six-month eriod. City of Fairbanks No member shall absent himself from any meeting of the city council except for good and sufficient reason; A member may participate at any meeting of the city councff by teleconferencing/ videoconferencing if the member, cannot physically attend the meeting; however, the member's physical absence shall not exceed 90 continuous days for medical circumstances and shall not exceed 30 days for non- medical circumstances. City of Seward In the event any member of the city councff departs from the city with the intent of remaining absent for more than 90 days, or shall have failed to attend meetings of the council for a period of ninety consecutive days, or shall have attended less than five of the meetings of the council during any continuous period of five months, the council ma declare the office of such member vacant. City of Palmer Neither the mayor nor any member shall absent him. or herself from any meetin of the council exce t for ood and sufficient reason. City of Soldotna Absent from the city for ninety consecutive days unless excused by the city council; misses three consecutive regular meetings and is not excused; if a council member expects to be absent from a regular or special meeting or expects to be absent from Soldotna for ninety consecutive days or more, the member shall give advance notice in writing to the city clerk with a request for an excuse. If it is not physically possible for the council member to make such a request in advance of the absence due to serious illness or for some other reason imgosing an equivalent obstacle, then the member shall apply to the clerk in writing for an excuse on the first day it is possible for the member to do so; upon receipt of a request for a excused absence from ', a. council member,.the clerk shall place the request on the agenda for the next regular council meeting; excuses maybe approved by a 2/3 vote of the council for personal business, serious illness or any other good cause, but no member shall be granted an excuse for any reason if the person has failed to request an excuse in writing; has missed more than w5% of the regular and special meetings held by the city council during any past consecutive 12-month period: or will not be able to '.. attend at least 75% of the regular meetings of the city council during '. an future consecutive 12-month eriod. City of Wasilla If the member is physically absent from the city for ninety consecutive calendar days unless excused by the council; if a member misses three consecutive re ular meetin s unless excused. NOTE: To better define whether a council member is requesting to participate telephonically for a general reason or for medical reasons, please consider a motion to amend as follows: Move to amend KMC I.15.130(c) by adding "..., state whether such telephonic participation is pursuant to subsection (n) or (o)" after "....(facsimile and/or electronic transmission included)..." in subsection (c). The sentence would then read, "....Such notification shall be provided in writing (facsimile and/or electronic transmission included), state whether such telephonic participation is pursuant to subsection (n) or (o), and shall provide the physical address of the location..." ,~ ~.~~~~~ i. i - - ~_ l/~eu~af `/ KENA~ SKA "V ~fla e wit~t a Past Gi we .~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us MEIYiO DU TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk City of Kenai DATE: January 10, 2007 RE: CONTINUED OPERATION OF LIQUOR LICENSES -PROTEST The City of Kenai is required by the Alcoholic Control Board to file letters protesting the continued operation of liquor licenses by January 31 of each new year. At this time the following liquor licenses are not current: Alaskalanes, Inc., d/b/a Alaskalanes Bowling Center Owing: Real Property Tax (premise) and Lease Payments Kings Inn Prouert9 Management LLC, d/b/a Kings Inn Hotel, Restaurant Sc Lounge, LLC Owing: Real Property Tax Amv & George Bowen, d/b/a One Stop Owing: Sales and Real Property Taxes Kenai City Code states, 2.40.010 Obligations to City: It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. (Emphasis added.) 2.40.020 Approval by Council: Prior to approving renewal of any liquor license by the City of Kenai, the Council shall enter findings in the minutes of the Council that the afore-described liquor licensees have satisfied all obligations to the City of Kenai or that the applicant has entered into a City approved payment plan with the Borough or City on any obligations owed. to the City and said applicant is in compliance with said payment plan. After making such finding, the City Council may grant the approval requested. (Emphasis added.) These businesses have been sent a certified letter noting amounts owed. Does council direct the City Clerk to forward a letter protesting the continued operation of the above-referenced liquor licenses if accounts are not current by January 31, 2007? State of Alaska ., Alcoholic Beverage Control Board ~tte of Notice: January 8, 2007 Application Type: NEW_ X TRANSFER X Ownership Location Name Change Governing Body: Kenai Community Councils: License #: 2993 License Type: Beverage Dispensary -Tourism D.B.A.*: tlpperl}eck Licensee/Applicant: IZosit~ Investments. Inc. Physical Location: 30S N Wiilovv Mail Address: 395 N'ndicort l:)r St>4dotna AK 99664 Telephone #: 907-283-.277 EIN: 20-54631.94 Corp/LLC Agent: Address Phone Date and State of Good standing? Or anized Entit ~"^.ottRosin Same 8/29/06 (Yes >ase note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. z'here may be additional members that we are noC aware of because tkey are not primary members. We have iascea au ranca ac members ana chose who noia as ieasr Iv io snm~es. Member/Officer/Director: DOB Address Phone Title/Shares (%) ~ If transfer application, current license information License #: 2993 Current D.B.A.: `Aivll Current Licensee: Corey Inc. CurrenC Location: 5.A:MEs Additional comments: **Date of Birth * Doing Baesiness As Cc: LmlGwaminN~1~Y-Naw Pm~n~ JAN-OB-2007 NON 12;16 PN KENRI PENN BOROUGH CLERK FRX N0. 907 262 8615 P, 01/01 .; ~~. ENAi I~ENMN;SrJLA 144 N. 61NKLEY ~ SDLDQ7NA, ALASKA 99669-7599 BUSINESS (907) 774-2160 FAX (907) 262.8615 EMAIL: assemblyclerk~laborough.kenai.ak.us SHERRY BIGGS, OMC BOROUGH CLERK ,lanuary 8, 2007 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 L. Tudor Road Anchorage, AK 99507-1285 Re: Transfer of Ownership Liquor License # 2993 Dear Ms, Flolland-Williams: The I{enai Peninsula Borough Finance Department has reviewed its files and has raised no objection, based on unpaid or delinquent taxes, to the following transfer of ownership of U1e establishment located within the City of Kenai, Alaska: ReveraEe Dispensary Tourism FROM: Corey, Inc., dba The Upper Deck TO: Rosin Investments lnc., dba The Upper Declc If you should have any questions, please feel. free to contact me. Sincerely, e~~gs, C Borough Cterlc O®LJGH ec: Applicant City of Kenai KFS Finance Department File F-I AGENDA KENAY CITY COUNCIL -REGULAR MEETING JANUARY 3, 200? a:®o P.M. KENAI CITY COUNCIL C ERs http: / /www.ci.kenai.ak. us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) 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. Holly Highland -- Alaska Fire Training Facility (PRISM)/Use Alternatives ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. *Application for Liquor License Renewal -- The Rainbow Bar/Beverage Dispensary. ITEM F: MINUTES 1. *December 13, 2006 Work Session Notes 3. *Regular Meeting of December 20. 2006. ITEM G: UNFINISHED BUSINESS YTEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. Approval -- Airport Terminal/Non-Exclusive Restaurant Concession Contract -- Sherry McBride and Teem McBride, d/b/a Kenai Cafe. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Coiiunission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Corx~mittees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORTAF THE MAYOR ITEM K: 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council -- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL -REGULAR MEETING JANUARY 3, 20®7 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MYNUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building. A-I. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Pat Porter, Ma or Linda Swarner Ba Eldrid e Robert Molloy Mike Boyle (telephonically) i Absent were: Rick Ross and Joe Moore A quorum was present. Also absent: Adam DeMello, Student Representative A-3. AGENDA APPROVAL ADD TO: B-1, Aolly Hylen -- Informational letter related to Beacon, Occupational Health and Safety Services. ADD AS: G-1, Unfinished Business -- Agreement/Division of Fire Prevention, Fire Marshall's Office -- Alaska Fire Training Center. MOTION: Council Member Molloy MOVED for approval of the agenda with the amendments requested by Mayor Porter and requested UNANIMOU5 CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: KENAI CITY COUNCIL MEETING JANUARY 3, 2007 PAGE 2 Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. %TEM B: SCHEDULED PUBLIC COMMENTS B-I. Holly Hylen, 800 Cordova Avenue, Anchorage, AK -- Alaska Fire Training Facility (PRISM)/Use Alternatives Hylen gave a brief outline of her company, Beacon Occupational Health & Safety Services, noting the company provides high quality, market-competitive occupational health, safety and training services to employers throughout the State; has had extensive experience working on the Kenai Peninsula; they are currently working on plans with the Center io rent the facility and equipment for training courses; their clients want to keep the facility available for private industry training; and, are strongly interested in the ongoing success of this facility. ITEM C; UNSCHEDULED_PUBLYC COMMENTS (3 minutes) C-I. Alan Wooten, Vice President, Friends of the Library -- Wooten stated his support of the proposed library expansion, noting he believed the library was in need of more materials and more space, and encouraged council to keep the project in the forefront. C-2. Mya Renken, Kenai Convention & Visitors Bureau -- Renken thanked Mayor Porter for her service as the liaison to the KCVB Board and welcomed Councff Member Eldridge as the newly appointed liaison. Renken also reported on activities and events at the Center and conferences where the Visitors Center will be represented. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-I. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation. of a Council Meeting. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2203-2006 and Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING JANUARY 3, 2007 PAGE 3 There were no public comments. MOTION TO POSTPONE: Council Member Eldridge MOVED to postpone action on Ordinance No. 2203-2006 untff the January 17, 2007 council meeting in order the full council would be able to participate in discussion. Council Member Boyle SECONDED the motion. VOTE: *Student Representative DeMello: Absent Porter Yes i Moore Absent Swarner ~ Yes Eldridge Yes Ross Absent Molloy Yes Boyle Yes MOTION PASSED UNANYMOUSLY. E-2. Application for Liquor License Renewal -- The Rainbow Bar/Beverage Dispensary. Approved by consent agenda. ITEM F: MINUTES F-1. December 13, 2006 Work Session Notes -- Approved by consent agenda. F-2. Regular Meeting of December 20, 2006 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS G-1. Approval -- Fire Training Facility/Amendments to Lease Agreement. City Manager Koch referred to his memorandum and copy of the agreement which was distributed at the beginning of the meeting. Koch reviewed the two amendments requested with Section II, Operation of Center by Alaska Division of Fire Prevention noting both were mandated by the State's inability to receive revenues without being deposited into the general fund and re-appropriated by the Legislature, and the State's lack of a committed revenues source to support operations at the facility should the revenues not meet or exceed expenditures: KENAI CITY COUNCIL MEETING JANUARY 3, 2007 PAGE 4 Addition/Para~ra~h 3 -- "The Alaska Division of Fire Prevention will generate billings and invoice users of the facility. Payments will be made to the City of Kenai and deposited into a dedicated account for the Alaska Fire Training Center. Addition/Paragraph 6 -- The City agrees, should the annual operation (January 2007-December 2007) of the fire Training Facility fail to generate revenues equal to expenses, the City will provide up to $40,000 to cover such shortfall. MOTION: Council Member Molloy MOVED to approve the two modifications to the contract identified as Item G-1 (on the agenda) and discussed in the memorandum from City Manager Koch. Council Member Swarner SECONDED the motion. Koch also noted the city would be reimbursed for any maintenance costs; he will request the Fire Marshal to attend a future council meeting to discuss the envisioned training program; the new commissioner is very supportive of the agreement and has discussed expanding the program; he will provide the council with the proposed training program; the employees at the facility will not be city employees; and, any costs attributed to the support of the operations (not to exceed $40,000) would be paid from the Airport. Fund. VOTE: *Student Representative DeMello: Absent Porter Yes Moore Absent Swarner Yes Eldridge Yes Ross Absent Molloy Ye Boyle Yes ~ MOTION PASSED UNANIMOUSLY. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Swarner MOVED to ratify the bills over $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. KENAI CITY COUNCIL MEETING JANUARY 3, 2007 PAGE 5 H-3. Approval -- Airport Terminal/Non-Exclusive Restaurant Concession Contract -- Sherry McBride and Teea McBride, d/b/a Kenai Cafe. MOTION: Council Member Molloy MOVED to approve the Restaurant Concession Contract and Council Member Eldridge SECONDED the motion. Discussion followed in which it was suggested the contract require the restaurant to be open seven days a week, and if only six, designate which day it will be closed. It was explained a request for proposals had been advertised and received no response; the McBride's submitted the proposal to the city; administration did not want to make the contract overly burdensome due to problems previous lessees have had in the restaurant being successful; and, administration recommended tl~e agreement be approved and allow the lessees to grow into aseven-day operation. Sherry &Teea McBride -- Stated their intent to have consistent open hours; they are comfortable with the proposed agreement; and, they want to operate seven days a week, but like the flexibility of the contract requiring asix-day week. VOTE: *Student Representative DeMello: Absent Porter Yes Moore Absent Swarner Yes Eldridge Yes Ross Absent Mollo Yes Boyle ~ Yes ' MOTION PASSED UNANIMOUSLY. ITEM I: I-1. Council on Aging -- No report. Porter noted the application of Velda Geller to be considered as an appointee to the Council on Aging. Council had no objections. I-2. Airport Commission -- Council Member Molloy reported the next meeting would be held on Thursday, January 11, 2007. I-3. Harbor Commission -- Clerk Freas reported the Parks & Recreation Commission would meet to discuss the possibility of combining the two commissions immediately prior to the Harbor Commission's meeting scheduled for Monday, January 8, 2007. KENAI CITY COUNCIL MEETING JANUARY 3, 2007 PAGE 6 I-4. Library Commission -- Council Member Swarner reported the next meeting would be held on Tuesday, January 9, 2007. I-5. Parks & Recreation Commission -- No report. I-6. Planning & Zoning Commission -- It was noted, the December 13, 2006 meeting minutes were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- No meeting. I-7b. tllaska Municipal League Report -- Swarner noted an article about one- stop information source and thought it could be something to incorporate into the city s welasite. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following: • She met with Senator Wagoner, DOT Acting Commissioner, DOT maintenance supervisor, and members of staff related to expansion of Spur Highway between Kenai and Soldotna as a result of Senator Wagoner's work session comments that funding was made available for the project previously. Porter also explained, it had been suggested the city could seek the funding from the state, discuss the project with the Borough, and consider having the city construct the highway by a contractor. She asked for council's approval to have administration investigate the issue further. There were no objections. It was suggested the city continue pressure with the State to upgrade Kalifornsky Beach Road and continue the bike paths. • She visited three new businesses in Kenai. • She attended the ribbon-cutting at the hospital earlier in the afternoon. • Referred to information included in the packet related to a "Trees on Willow" project and asked council if there were any objections to her contacting business owners along the Street to participate in the program. There were no objections stated by council. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following: • He and staff members met with representatives of DOT and discussed the traffic impact analysis for the Wal-Mart facility and also discussed upgrading the HEA access and easing projected traffic impacts in that area from both Wal-Mart and Lowe's. He will provide a copy of the traffic analysis report to council. • He hopes to provide information related to the city's rights and powers over the lower portion of the river and what authority the city may have over ramps, etc. other than city-owned and formation of the Kenai River Special Management Advisory Board when the ordinance is brought forward to council again. KENAI CITY COUNCIL MEETING JANUARY 3, 2007 PAGE 7 • He will bring a report on the development progress of the dog park at the next meeting. K-2. Attorney -- City Attorney Graves reported he would be interviewing candidates for the legal secretary position in the next week. K-3. City Clerk -- No report. ITEM L: DISCUSSION L-1. Citizens -- None. L-2. Council Boyle -- No comments. Molloy -- No comments. Eldridge -- Wished all a happy new year. Swazner -- Wished all a happy new year. EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:08 p.m. Minutes submitted by: Carol L. Freas, Cify Clerk "The student may cast advisory votes on ail matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. N-I }- I ~ O Z m C7 _ ~ ~ ~ ¢ N M (O (~D Z = ~ W_ N F J J m U 1- ¢ Q ~ ~ H Z W ~2 ~ Q ~ ~ ~ ~ a ¢ ¢ O ~ ~ Z O U H 4 J U Z O C3 ~ U w W z _ n ~ N ~ r Z Z ® i- a. ~ ~ ¢ ~ U ~ ~ W w ¢ W m W ^ O ¢ O ~ O O LL V! T 0 Kr ~ Z U W ~ 1 F W ~ ~ W J L ~ J Z o ~ p w W W W o n w a v > _ ~ U ~ 0 0 W N ~ ~ ~ O O Z ~ O O ~ O O ¢ O O O O W N ¢ ~ > ~" O N ~ N ~ O O M a " ~ 2 r } } F H ~ ~ ~ ~ Z w w O ~ ~ a_ ~ ~ ~ ~ Q ti ('3 C7 ~ ~ ~ W W ~ W W S S ~ ~ ~ u ~ ~ ~ W CC O u o z z a o o N-3 Suggested by: CITY OF KENAI ORDINANCE NO. 2204-2007 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CREATING THE PRISM SPECIAL REVENUE FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS TO FUND OPERATIONS FOR FY2007. WHEREAS, the State of Alaska Department of Public Safety, Alaska Division of Fire Prevention will manage and operate the Alaska Regional Fire Training Center using the name PRISM; and, WHEREAS, all revenues from PRISM will be recorded in the PRISM Special Revenue Fund; and, WHEREAS, the City of Kenai. will reimburse the Alaska Division of Fire Prevention for costs incurred up to the amount of revenue plus $40,000. Expenditures related to PRISM will be recorded in the PRISM Special Revenue Fund; and, WHEREAS, funding will be from estimated PRISM revenues and transfers from the available fund balance of the Airport Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The PRISM Special Revenue Fund is hereby established. Section 2: Estimated revenues and appropriations be increased as follows: Prism Special Revenue Fund Increase Estimated Revenues: Training $300,000 Transfer from Airport Fund -- Subsidy 40,000 -- Rental Area Utilities 12,000 _.___ _ __ 5352.000 Increase Appropriations: Professional Services 5352.000 Ordinance No. 2204-2007 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 17, 2007 Adopted: February 7, 2007 Effective: February 7, 2007 Approved by Finance: 'tom (01/10/2007) hl PRISM ANNUAL FINANCIAL- PROJECTIONS DPS Projections REVENUE Gross Sales $ 622,755.00 City Utility Reimbursement $ 12,000.00 Gross Revenues $634,755.00 EXPENDITURES Cost of Sales $ 355,782.00 Heat (Natural Gas) $ 52,700.00 Electricity $ 65,641.85 Salaries $164,483.24 Total Expenditures $638,607.09 Gross Revenues $ 634,755.00 Total Expenditures $ 638,607.09 Profit/(Loss) $ (3,852.09) City of Kenai participation if Needed $ 40,000.00 $ 36,147.91 Natural Gas + 30% from 2006 Electricity + 5% from 2006 Janitorial/Telephone/Postage/Solid Waste included in 20% additional mark-up on Cost of Sales ~ o O o a o O o 0 0 ~ ~ o ~ ~ °o ~ °O °o °O °o °o °D °o °w °o °o °o °o °o °o °o °o 0 0 0 0 0 0 0 0 0 O N O N V M C O of W N O NON N N 41 ~ N O N O b O N~ V' N N O V C C V N N~ h N K V M N t0 N M N C (O N V ON 0 N N O N 0~ 0 0 N (O r lO O ~O O N h IO e' ON (L) 1D O N N N N y d r r ~ ~ ~ M M N M N M M ~ ~ N N j `y N N ~ a N O O O O O O O O N 0'J O O O O O O O O O O O O O O O O O O O O O O W 0 O N OJ N O N N Q) V O O V V O O N O E' V' N N N N O O O N N N N ' ro Y t0 < ~« N O) Ol Ol OI W N o] r W W V V V V M O b< K V 'C jb N N ~ M M V R N N N N W N N N Vl O f f' O O O O O O O O O N W O O O O O O O O O O O O O O O O O O O O O O C O N p O N O O O W 0 O O N O D O p U N h V W N O d' OJ O] l0 t0 h h O h h N .~ ~ y h N N N 1O M a y LL m Q C O O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O 1p O N t0 N (O V N y O O Ip O O O O O y C N N N N O O O N N N N O U N~ V N V N W W N DJ ~ ~ N N ~ N ~- of of V V V V ~- V<< V N]~ N ~ N N N N N N N N N J " C N N In N N N N M M In In in N N O IA l0 lA N N N N IA Vl N N 0 M 0 In N ih ' M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M o'e z N N j ~ m M_ C Q' °o p m ~ R C w a o N C y Q A C m ~ c mm H o S o o o B S a S S o o S 8 8 o o o o S S S S o o o 8 8 8 o o S o W O O~ V O ( O h (O (O N O O O < O N O (O O N N (O l0 O O O O O N N N N O M N N O y N O m ~ ~pp { m 01 q 0 M ~ O 0 ~ r Z h O N N N N V O N W OI_ O N o] OI N OJ O I V (O h h 0 ~ V (D r N C1 1n r M (O ~ M N '- " O Y1 V3 E9 to df F9 Vi 69 N di Yi f9 Vi 43 64 F/!' VY FPi M HI Vl bj 69 4? Vl V3 Ni M V3 f9 Hi K V3 9 d ~ N 0 O 0 N a7 l0 07 y 0 O 0 OJ 0 y 0 V N OJ 0 0 N 0 N 0 O 10 O O V M N O O ~ m O 10 OJ O OJ O V O e{ V O O O N O O O O O M W O M O 0] O OJ O v N V N V V ~ OMl r N 4' 0 1 O N N O i M ( p dl ay a V h ~ V 0 M ~ rt Cl N N ~ r V 001 V O O) P. P. Cl O 4 W ~- N N M N h ~- e- ~ t~ a- N M ~- ~- N N c ~- N M N ~ N ~- W ~- ~- O M N e- ~- N N N N U N N o ' (O m D e O n a O c O e .a o o M O m N o N M o O v O IO m O m O a O ~ o N v ] o O D O o v J v J v v O U 01 N d N (p V ~- ) W V h " O~ t0 V 0 M M N M N h m C F 0 DJ N - l M h o] Q1 K ~ d' W V e( Ol l0 Ol M yy M o] N M N q ~- 1` 0 01 W V 0 R N M O O Ol O Ol M 01 W 01 N O ~ ~ U o O O O m p ~ S u°1 ~ w » w w om bs w » w » w ~, w w w 1H m .-T m ° i a m ~ r E " - ~ w » ~ W q ~ p7 - ~ W h w n ~ n O 0 Q c O ° V e a 'u J O °~ N U 8:a e~ n o v b - ~ y ~ ~ < y m ~ g m K Z w tt 3 a = ~ d ` ~' S m @ g E o " a 4 2 G 2 ~ H o P ~ 1? m 0 m c ` L m = S. N O V ~ ` ~ ° ° ° ° m 'c @ ~ G ~ o v o ~ rv r 1 v - W R d R Q N N 0 m m n ~ g a m Orn M @ m m m ~ a ~ 9 ''~ W U U O U m 0 0 0 0 - °m m w u m ~ O Z ~ N 6 ~ ~ ` ` ` LL LL W ~ o c c e ~ , = = 3 ' ~ E ~ ~ " '" rc o: ~ o' o' E ` ~ " ° E E P P a a ~ ~ a z z z z a x x x x x ~ u u m a a ¢ = 5 0. ¢ lc m E < ¢ Q ¢ O O I t # ± : + u. N ~ ~ N K a ~ `-~ m' E d {D J F F W ~ O a J p F m N N W J} N ~ C) d' I~ N J a M m n F Q ~ O '. M ^ W Z J M :: DI -: W 1O ~ p '¢ m m ~ of IL Q Q _ J W ~ O ~ W ':'. W W _ J J J O O O O O 4 0 0 0 o ' 0 N W o 0 0 0 0 ! a a_ J ~ 0 0 O 0 O 0 O O O O U' U~ O of W '': W OJ _ ~ o ~ N Z o ~ W ~ Q m F W J `~ p m o W T2 0 W ~ o, J ~ ~ _i (p o m tO ~ M O M ': W :: Vf N M - O O N N M~ °v °O v m -.o m N O W (O N tom. N 0 % d N c M N O O '' O O O J y O O '.O O O m M m ° ^ H g Z oJ, v i O, -. O, v N ! v i V U' F- K Z m ~ Z ~ W F F O f' a w w r 0 J a w N-4 Suggested by: Administration CITY OF KENAY ORDINANCE NO. 2205-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.15.050 TO ADD SUBSECTION (g) ALLOWING EMERGENCY PURCHASING WITHOUT COMPETITIVE BIDDING. WHEREAS, KMC 7.15.050 sets out exceptions to the competitive bidding requirements contained in KMC 7.15; and, WHEREAS, none of the exceptions provide for purchasing during emergency situations where the emergency makes competilive bidding impractical; and, WHEREAS, a provision should be added to the city code allowing for emergency procurement without competitive bidding; and, WHEREAS, it is hi the best interest of the City of Kenaf to amend KMC 7.15.050 to include a provision allowing emergency procurement without competitive bidding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, .that: KMC 7.15.050 is amended by adding subsection (g) as follows: (g) 7.15.050 Purchases, when competitive bidding not required. (I) The city may award a contract for supplies, services, professional services or construction without competition, formal advertising or other formal procedure where the City Manager determines in writing that an emergency threatening the public health, safety or welfare requires that the contract be awarded without delay. The City Manager shall make a report on such contract to the Council no later than the next regular meeting following award of the contract. (2) For purposes of this subsection, an "emergency" is defined as the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property, or shortage of food, water, or fuel resulting from (A) an incident such as stonn, high water, wind-driven water, tidal wave, tsunami, _- earthquake, volcanic eruption, landslide, mudslide, avalanche, snowstorm, prolonged extreme cold, drought, fire, .flood, epidemic, explosion or riot; (B) the release of off or a hazardous substance if the release requires prompt action to avert environmental danger or mitigate environmental damage; (CJ equipment failure if the failure is not a predictably frequent or recurring event or preventable by adequate equipment maintenance or operation; (D) enemy or terrorist attack or a credible threat of imminent enemy or terrorist attack in or against the state that the adjutant general of the Department Ordinance No. 2205-2007 Page 2 of 2 of Military and Veterans Affairs or a designee of the adjutant general, in consultation with the commissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must meet the standards of AS 26.20.040(c); in this paragraph, "attack" has the meaning given under AS 26.20.200; or (E) an outbreak of disease or a credible threat of an imminent outbreak of disease that the commissioner of health and social services or a designee of the commissioner of health and social services certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information received from local, state, federal, or international agency, or another source that the commissioner or the designee determines is reliable. PASSED BY THE CGUivCiL OF THE CITY OF ItF;NAI, ALASKA, this seventh day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 17, 2007 Adopted: February 7, 2007 Effeclive: March 7, 2007 N-s Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2206-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.30.010 TO REFLECT THE RENUMBERING OF THE TRAFFIC VIOLATION OF NEGLIGENT DRIVING IN THE ALASKA STATUTES. WHEREAS, KMC 13.30.010 incorporates the traffic violation of Negligent Driving (AS 28.35.045) in the Kenai Municipal Code; and, WHEREAS, the State of Alaska has renumbered the traffic violation of negligent driving in the Alaska Statutes from 28.35.045 to 28.35.410; and, WHEREAS, the renumbering of Negligent Driving in the Alaska Statutes should be reflected in KMC 13.30.010; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 13.30.010 to reflect the renumbering of Negligent Driving in the Alaska Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 13.30.010 is amended as follows: 13.30.010 State traffic regulations adopted. There is hereby incorporated by reference into this Code, except as otherwise provided by this chapter, Title 13 of the Alaska Administrative Code and (AS 28.35.045] AS 28.35.410 (negligent driving) to the extent that such provisions are in effect on or following the date of the ordinance codified in this chapter. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 17, 2007 Adopted: February 7, 2007 Effective: March 7, 2007 Suggested by: Planning and Zoning CITY OF KENAI ORDINANCE NO. 2207-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT C, GUSTY SUBDIVISION NO. 2 AND TRACT B, SHADURA SUBDIVISION, FROM GENERAL COMMERCIAL (CG) TO CENTRAL COMMERCIAL (CC). WHEREAS, the property contains approximately 1.39 acres and is currently zoned General Commercial; and, WHEREAS, these properties are being replatted to a larger parcel containing other properties; and, WHEREAS, the replat will create a split-zone situation containing lots zoned General Commercial (GC) and Central Commercial (CC); and, WHEREAS, having asplit-zoned parcel creates problems for land use planning; and, WHEREAS, the Planning and Zoning Commission recommended the property be rezoned prior to allowing recording of the final plat; and, WHEREAS, the property owner believes the Central Commercial (CC) zone would accommodate the existing land uses on the property and allow for further commercial development; and, WHEREAS, rezoning the property would enlarge the adjoining Central Commercial (CC) zoning district; and, WHEREAS, on January 10, 2007, the Kenai Planning and Zoning Commission voted unanimously to rezone the parcels. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the official Kenai Zoning Map is amended by rezoning Tract C, Gusty Subdivision No. 2 and_Tract B, Shadura Subdivision, from being zoned General Commercial _ (CG) to being zoned Central Commercial (CC) as shown on Attachment A. Ordinance No. 2207-2007 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January I7, 2007 Adopted: February 7, 2007 Effective: Mazch 7, 2007 '~`)~~ _ CITY OF KENAI --~ PLANNING AND ZONING COMMISSION .~ RESOLUTION NO. PZU7-01 tte~~ryaf REZONE PERMIT KEKA~ SKA A RESOLUTION OF THE PLANNING AND 70NING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: James & Phyllis Bookev III ADDRESS: P 0 Box 326 Kenai Alaska LEGAL: Tract C. Gusty Subdivision No. 2 & Tract B, Shadura Subdivision (A portion of Bookev's Replat -Preliminary Plat) PARCEL #: 04716003 & 04703007 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned: CG-General Commercial 2. The present land use plan designation is: Mixed Use 3. The proposed zoning district is: CC -Central Commercial 4. An appropriate public hearing as required was conducted on January 10. 2007 5. That the following additional facts have been found to exist: Proposed rezone will eliminate a possible split-zone situation. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract C, Gusty Subdivision No. 2 & 'Tract B, Shadura Subdivision (A partion of Booker's Replat -Preliminary Plat) is hereby recommended to the Kenai City Council _ - _ - PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 10, 2007. n CHAIRPERSONS !/V ~C.~'L/ATTES'F-" '~~ /t,~, .. /° Ordinance No. 2207-2007 Attachment Legend Conservation ~ Rural Residential 1 ~- Limited Commercial Suburban Residential Central Commercial ~ Suburan Residential 1 ~~ General Commercial ~ Suburban Residential 2 Light Industrial Urban Residential Heavy Industial ~ Historic Townsite Recreation Education Rural Residential Proposed Rezone Rezone - CG to CC N-1 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2208-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.250, OFF-STREET PARKING AND LOADING REQUIREMENTS. WHEREAS, KMC 14.20.250 contains the off-street parking and loading requirements for the City of I{enai; and, WHEREAS, the off-street parking and loading requirements in KMC 14.20.250 are outdated; and, WHEREAS, it is difficult for city administration and property owners to determine if the requirements are being complied with; and, WHEREAS, modernizing and clarifying the requirements will make them easier to understand and comply with; and, WHEREAS, modernizing and improving compliance with the off-street parking and loading requirements in the Kenai Zoning Code is in the best interest of the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that KMC 14.20.250 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February 2007. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: January 17, 2007 February 7, 2007 March 7. 2007 1.4.20.250 Off-street parking and loading requirements. (a) For commercial development, there shall be provided at the time of construction of any main building or at the time of the aheration, enlargement, or change in use of any main building, permanently maintained off- street parking facilities for the use of occupants, employees, or patrons of such building. It shall be the joint and several responsibility of the owner and/or occupant of any main building or structure to provide, and thereafter maintain, minimum free off-street parking facilities as required below. (b) No existing parking area and no parking area provided for the purpose of complying with the provisions of this chapter shall hereafter be relinquished or reduced in any manner below the requirements herehl established. (3) Location of Parking. Any parking space provided pursuant to this section shall be on the same lot with the main use it serves or on an adjoining lot except that the Commission, by a conditional use permit as specified in this chapter, may allow parking spaces on any lot if it is determined that it is impractical to provide parking on the same or adjoining lot. (4) Design Standards. (A) All parking lots shall be provided with a durable, well-drained, and dust-fi~ee surface and shall have appropriate bumper guards where needed; (B) Parking areas and front yards as defined in 14.20.320(b), which includes the required parking spaces, in commercial use areas shall not be used for storage, repair work or any purpose other than parking, Landscaping, signage, or sales displays. A non-conforming (1) Site Plan Submission. A site plan use of parking areas and front yards prohibited showing all parking and loading areas shall by this section shall be made to conform to this accompany all applications for building section within a period of one (1) year after permits. Said plan shall show dimensions of adoption of this ordinance. spaces, curb cuts, and other information necessary to determine compliance with the provisions of this chapter. The administrative official shall approve or reject the site plan on the basis of compliance with the requirements of this chapter. No certificate of zoning compliance and building permit shall be issued unless the parking site plan is approved. (2) Joint Parking Areas. Where there is more than one (1) use in a single structure or on a site (e.g, doctor, attorney, and retail grocery) err tws (2) -ormore-saparate~rrstances of-the - same use, off-street parking requirements shall be the sum of the requirements for the various uses: provided however, that where two (2) or more uses provide a single joint parking area, and their total required spaces totals twenty (20) or more, the minimum requirement will be seventy-five percent (75%) of the sum of the requirements for the various computed separately. Exception: Semi-trailers or containers may be parked in these areas for no more than thirty (30) consecutive days to facilitate unloading. Trucking terminals and bona fide construction sites az•e exempt; (C) Any lighting of parking lots shall be arranged to reflect away from public rights-of- way and from any adjoining residential areas; (D) Curb cuts shall be located so as to avoid traffic hazards and shall be approved by the administrative official; (5) Interpretation of Space Requirements. (A) If a use is not specifically mentioned in this section, the administrative official shall determine the most similar use which is specifically mentioned. Parking requirements shall be the same as for that use; (6) Exception to this Section-Public Parking Lots. Notwithstanding other provisions of this section, when a use is located within three hundred (300) feet of an existing or Ordinance 2208-2006 (Attachment A) Page I of 6 planned public lots, the off street parking requirements of this chapter may be met if under the procedures specified in this chapter, the Commission issues a conditional use permit stating that the following conditions have been met: (A) The public parking lot exists within reasonable distance of the use, or plans for the public parking lot are sufficiently advanced to give reasonable assurance that the lot will be in use within one (1) year of the time of issuance of the conditional use permit; (B) The owner and/or occupant of the use in question shall sign a covenant agreeing to join an assessment district to pay for the public parking lot; (C) The public parking lot has or wIll have sufficient capacity to accommodate the use in question plus other parking needs of existing and potential uses within a reasonable distance of the lot. The Commission shall use the off-sheet parking requirement as cited above to estimate the parking spaces needed within a reasonable distance of the lot. (7) Off=Street Loading: Every building or structure used for business, trade, or industry and normally requiring truck loading or unloading with respect to the use, shall provide space as herein indicated for the Loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley, or, if there is no alley, to a street. Off- street loading and unloading space shall be in addition to and not considered as meeting a part of the requirement for off-sheet parking space. Off=street loading and unloading space shall not be used or designed, intended, or coushucted to be used in a manner to obstruct or interfere with the free use of any street or adjoining property. The minimum off-street loading and unloading space required for specific uses shall be as follows: (A) Retail business and. service establishments shall provide one off-street loading and unloading space at least ten (l 0) feet wide and thirty-eight (38) feet long with a fourteen foot height clearance per building; (B) Industrial plants shall provide one off-street loading and unloading space for each twenty thousand (ZC,000) square feet of gross floor area. Each loading space shall be minimum of twelve (12) feet wide and fifty (50) feet long with a fourteen (14) foot height clearance; (C) Trucking terminals shall provide one off-street loading and unloading space for every five thousand (5,000) square feet of total floor area used for storage, warehousing, and shipping. Each loading space shall be a minimum of fourteen (14) feet wide and sixty- five (65) feet long with fourteen (14) foot clearance. (8) Off-Street Parking Requirements: Ordinance 2208-2006 (Attachment A) Page 2 of 6 DWELLING AND LODGING MINIMUM NUMBER OF PARKING ', SPACES REQUIRED Lodges, rooming/boarding houses, dormitories, One (1) per principal dwelling unit and one bed & breakfast, and other structures containing (1) per guest room or one for every two (2) sleeping rooms other than, or in addition to beds whichever is greater. dwelling units Mobile J=Iome Parks i Two (2) per mobile home. Motels, Hotels and Cabin Rentals i One (I) per unit plus two spaces. Multiple-family dwellings, retirement homes and One (1) per efficiency unit; and two (2) per other places containing multiple dwelling units other units. Single-family dwellings, two-family dwellings Two (2) per dwelling units. and child care homes INSTITUTIONS, PUBLIC MINIMUM NUMBER OF PARKING USES/COMMERCIAL SPACES REQUIRED Aircraft Hangers One (1) per one thousand (1,000) square feet of gross floor area. Assembly with fixed seats: Auditoriums, One (l) per four (4) seats in the principal churches, funeral chapels, sports arena and assembly area. The width of a seat or a theaters bench or pew shall be considered twenty- two (22} inches. Assembly wifliout fixed seats: Churches, civic One (1) per two hundred (200) square feet clubs, convention centers, dance halls, exhibition of gross floor area. halls, skating rinks and similar uses Assembly without fixed seats: Art galleries, One (I) per five hundred (500) square feet community/senior centers, museums and of gross floor area. municipal buildings Automotive Service/repairand/arsales _ S)ne (1)_per~ourhundred (400~square~eet __ of gross floor area of sales room and four (4) for each auto service stall. Banks, mortgage and loan companies One (1) per three hundred (300) square feet of gross floor area. Bowling alleys ~~ i_._ Four (4) per alley. Ordinance 2208-2006 (Attachment A) Page 3 of 6 i INSTITUTIONS, PUBLIC USES/COMMERCIAL MINIMUM NUMBER OF PARHING SPACES REQUIRED Care Facilities: Day nurseries, adult care One (1) space per four hundred (400) square facilities and kindergarten ~ feet of gross floor area, and one (1) ~ additional space reserved for pick-up and delivery of people per eight hundred (800) square feet of gross floor area. Care Facilities: Hospitals, nursing/assisted One (1) per every two (2) beds. living facilities and similar institutions I. Care Facilities. Medical/Dental clinics, health One (1) per two hundred fifty (250) square services feet of gross floor area. Ce11 phone/communication sites I Two (2) spaces. Courthouse Based on typical occupancy, 80% of the sum of the following: One (1) per four (4) fixed seats plus five (5) per courtroom plus one (1) per fifty (50) square feet gross floor ~ area in jury assembly rooms plus one (1) per ~ four hundred (400) square feet of gross office space. Drive-thru only: Burger, espresso establishments Two (2) spaces. I Fitness Centers One (1) per one hundred (100) square feet of gross floor area plus five (5) for patron parking. One (1) per five hundred (500) square feet of gross floor area plus five (5) for patron Laundry establishments -self service parking. Libraries One (1) per four hundred (400) square feet of gross floor area. Manufacturing/Industrial,zesearch and -One (1)parfive hundred (500)~quare-feet - laboratories of gross floor area plus three (3) for patron parking. Nurseries and greenhouses One (1) per five hundred (500) square feet ! of gross floor area. Offices: Business and professional One (1) per four hundred (400) square feet of gross floor area. Offices: Veterinarian/animal clinics and kennels One (1) per five hundred (500) square feet ~_ of gross floor area. Ordinance 2208-2006 (Attachment A} Page 4 of 6 INSTITUTIONS, PUBLIC USES/COMMERCIAL MINIMUM NUMBER OF PARKING SPACES REQUIRED Pool/Billiard Halls One (1) per three hundred (300) square feet of gross floor area. Restaurants, cafes, delicatessen, eating and One (1) per each two hundred (200) square drinking establishments, clubs, nightclubs and feet of gross floor area or one (1) per four lodges, etc. (4) seats, whichever is greater. Services: Household and trades such as One (1) per four hundred (400) square feet carpentry, electrical servicing, plumbing and of gross floor area. heating shops, paper hanging, painting, furniture upholstering, decorating shops, and other similar services Services: Printing, publishing, welding, One (1) per five hundred (500) square feet ~ blacksmith shops, bakeries, dry cleaning, dyeing of gross floor area plus five (5) for patron plants and similar services parking. ~ Services: Beauty and barber shops One (1) per two hundred fifty (250) square feet of gross floor area. i Services: Fuel dispensing stations/convenience One (1) for each two (2) gas pumps plus one stores (1) per three hundred (300) square feet of i gross floor area. Services Misc. Personal: Message therapy, One (1) per five hundred (500) square feet art/photo studio, dress maker/taylor of gross floor area plus one (1) for patron ' parking. Schools One (1) per classroom plus three (3) for i ~ every classroom in those schools where ' students are permitted to drive to school. Schools with auditoriums shall provide one (1) parking space for every four (4) seats or one (1) space for every fifty (50) square feet of gross floor area in assembly rooms __ without fixed seats, whichever is greater. Schools: Trade, business, music; dance studios One (1) per five hundred (500) square feet and other private schools and colleges I of gross floor area. Stores: Grocery, drug/pharmacy ~ One (1) per two hundred fifty (250) square feet of gross floor area. Ordinance 2208-2006 (Attachment A) Page 5 of 6 INSTITUTIONS, PUBLIC USES/COMMERCIAL MINIMUM NUMBER OF PARHING SPACES REQUIRED j ~ I Stores: Retail and wholesale sales of non-bulky ~ One (1) per three hundred (300) square feet items of gross floor area. Stores: Retail and wholesale sales of bulky items One (1) per five hundred (500) square feet (e.g. furniture and major appliances) of gross floor area. ' Tanning Salon One (1) per four hundred (400) square feet of gross floor area plus three (3) for patron parking. Taxicab companies One (1) per taxi operated by the company ~ plus one (1) extra space. ~, Truck terminals, lumber yards etc. One (i) per five hundred (500) square feet of gross floor area plus five (5) for patron parking. Warehouses: Wholesale/retail, and commercial One (1) per two thousand (2,000) square I storage feet of gross floor area, but a total of no less than four (4) spaces Ordinance 2208-2006 (Attachment A) Page 6 of 6 Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-03 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.250, OFF- STREET PARKING AND LOADING REQUIREMENTS, BE AMENDED. WHEREAS, KMC 14.20.250 contains the off-street parking and loading requirements for the City of Kenai; and WHEREAS, the off-street parking and loading requirements in KMC 14.20.250 are outdated; and WHEREAS, it is difficult for city administration and property owners to determine if the requirements are being complied with; and WHEREAS, modernizing and clarifying the requirements will make them easier to understand and comply with; and WHEREAS, modernizing and improving compliance with the off-street parking and loading requirements in the Kenai Zoning Code is in the best interest of the City of Kenai. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.250 AS SHOWN IN A'T'TACHMENT "A". PASSED BY THE PLANNII~'G AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 10th day of January 2007. N-8 Suggested by: City Council CITY OF KENAI ORDINANCE NO. 2209-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.25 TO INCLUDE FOUR OR MORE DWELLINGS IN THE LANDSCAPING/ SITE PLAN REQUIREMENTS OF THE KENAI MUNICIPAL CODE. WHEREAS, KMC 14.25 provides for landscaping/site plan requirements for commercial and industrial development within the City of Kenai; and, WHEREAS, residential property is currently exempted from the landscaping requirements in the city code; and, WHEREAS, development of residential property consisting of four or more family dwellings should be required to fulfill the landscaping requirements; and, WHEREAS, landscaping requirements are necessary because of the impact of concentrated. uses due to the increased lot utilization; and, WHEREAS, it is in the best interest of the City of Kenai to include four or more family dwellings ("multi-family development") in the landscaping/site plan requirements of the Kenai Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that KMC 14.25 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7~h day of February 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 17, 2007 Adopted: February 7, 2007 _. Effective: March 7, 2007 Chapter 14.25 LANDSCAPING/SITE PLAN REGULATIONS 14.25.010 Intent. (a) Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas. (b) Landscaping Plans. It is the intent of this chapter to provide for landscaping andlor the retention of natural vegetation in conjunction with commercial [AND] industrial and multi- family development within the City of Kenai. The general purpose of landscaping is to visually enhance the City's appearance, provide attractive and functional separation and screening between uses and reduce erosion and storm runoff. (c) For pumoses of this chapter multi-family development means a four or more family dwelling. 14.25.015 Landscaping/site plan. For property covered under this chapter, submittal of a preliminary landscaping/site plan and approval by the Administrative Official is required prior to any land clearing and/or tree cutting where such removal will result in less than fifteen percent (15%) of the lot area having existing trees, shrubs, or natural vegetation cover. 14.25.020 Application. This chapter shall apply to all commercial [AND] industrial and multi-family development within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial [AND] industrial and multi-family development" and "all development" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage, and is: located on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL) and Education (ED) zoning districts or 2) amulti-family development in any zone; or ~ a change of use as required in KMC 14.20.250 (a). It is unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requ- icing a landscape/site plan-unless such-improvements are -- - constructed or reconstructed in a manner consistent with the approved plan. Properties zoned residential (except multi-family dwellings) are exempt from this chapter with the following exception: [1] Structures identified as a commercial occupancy in Title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage or a change of use as required in KMC 14.20.250 (a). Ordinance 2209-2006 Attachment A Page 1 of 4 14.25.030 Landscaping/site plan-Submittal requirements. One copy of the Landscaping/site plan. (eleven inches (11") by fourteen inches (14") size) shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (1") equals twenty feet (20') and shall include the following information: (a) Scientific or common name or type of planting materials to be used in the project; (b) Typical planting details; (c) Location of all planting areas and relationship to buildings, parking areas and driveways; (d) Identification and location of existing vegetation to be retained; (e} Identification and location of non-living landscaping materials to be used; (t) Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage. 1.4.25.040 Landscaping plan-Performance criteria. (a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right-of- way, and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping selves to separate and minimize the impact between adjacent uses. Buffer landscaping may be desirable along The perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. Landscaping adjacent to residential zones shall have landscaping beds that meet all of the following minimum standards: 1. Landscaping beds -Minimum of 10 feet in width along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. A 6-feet high wood fence or masoiuy wall may be used in place of 5 feet of the required bed width. - - 2. CKround cover - 100-percent within 3-years of planting and c-ontinuous maintenance - so there will be no exposed soil. Flower beds may be considered ground cover. 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (c) Interior Landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive Ordinance 2209-2006 Attachment A Page 2 of 4 driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (d} Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Street right-of--way landscaping softens the impact of land uses. along street rights-of- way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights-of- way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. I . Landscaping beds -Minimum of 10 feet in width along the entire length of the property lines which adjoin street rights-of-way, exclusive of driveways and other ingress and egress openings; 2. Ground cover - 100 percent ground cover of the landscaping bed within 3 years of planting and continuous maintenance so there will be no exposed soil; 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (f) Review. The Administrative Officiai may consider plans for amendments if problerris arise in carrying out the landscaping/site plan as originally approved. 14.25.045 Site plan-Performance criteria. (a) Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b} Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. (c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1. Paving is required jWHEN] for "commercial development" including amulti-family development requiring a building permit valued at one hundred thousand dollars ($100,000) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000} or more, and the property is located between Evergreen Drive and McCollum Drive/Tinker Lane as shown in - -the map-marked Appendix 1 to-this chapter. - - - - - 2. Exception to this requirement: (i) Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (f) Dumpsters. Dumpsters must he screened with asight-obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. Ordinance 2209-2006 Attachment A Page 3 of 4 14.25.050 Approval. Unless extended for good cause, the Administrative Official shall review and take action on a landscaping and site plan within fourteen (14) days of satisfactory submittal. The Building Official shall issue a building permit upon approval of the associated landscaping/site plan providing all of the other requirements for the issuance of a building permit have been met. Any appeal of The action of the Administrative Official shall be in accordance with KMC 14.20.290. 14.25.060 Completion-Landscaping plan. All required landscaping as presented in the approved landscaping plan shall be installed within one year after issuance of the Certificate of Occupancy. 14.25.065 Completion-Site plan. All requirements as outlined in Section 14?5.045 shall be installed according to the site plan as approved by both developer and the Administrative Official. 1. The required parking lot paving shall be completed within two years after issuance of the Certificate of Occupancy. 14.25.0'70 Modifications. Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this ordinance impractical and that the modification is in conformity with the intent and purposes of this ordinance. 14.25.080 Expiration. If construction of the project has not started within one year of approval of the landscaping/site plan, the approval shall lapse unless extended for good cause. 14.25.090 Penalties. Penalties for non-compliance with this chapter shall be as set forth by KMC 14.20.260. 14.25.100 Definition-Landscaping. "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilised. Ordinance 2209-2006 Attachment A Page 4 of 4 Suggested by: City Council Substitute CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SUPPORTING AMENDMENT OF KMC 14.25 TO INCLUDE FOUR OR MORE DWELLINGS IN THE LANDSCAPING/SITE PLAN REQUIREMENTS OF THE KENAI MUNICIPAL CODE WHEREAS, KMC 14.25 provides for landscaping/site plan requirements for commercial and industrial development within the City of Kenai; and WHEREAS; residential property is currently exempted from the landscaping requirements in the city code; and WHEREAS, development of residential property consisting of four or more family dwellings should be required to fulfill the landscaping requirements; and WHEREAS, because the impact of concentrated uses due to the increased lot utilization; and, WHEREAS, it is in the best interest of the City of Kenai to include four or more family dwellings ("multi-family development") in the landscaping/site plan requirements of the Kenai Municipal Code. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.25 AS SHOWN ON ATTACHMENT A. PASSED BY THE PLANNING AND ZON1iVG COIVIivlISSION OF THE CITY OF KENAI, ALASKA, this ] 0th y o anuary, 2007. ATTEST: u-9 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2210-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $88,450 IN THE AIRPORT FUND TO FUND PRISM OPERATIONS AND REPLENISH THE CONTINGENCY ACCOUNTS. WHEREAS, certain Airport Fund Contingency accounts were used to fund the interim operations at PRISM; and, WHEREAS, additional funds are needed for operations prior to the Alaska Division of Fire Prevention assuming control of the operation; and, WHEREAS, funds are available in the Airport Fund fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of fund balance $68 450 Training Revenue 20,000 88 450 Increase Appropriations: Admin- Contingency $5 000 Land -Contingency 5,000 Training Facility - Salaries & Benefits 10,700 - Professional Services 15,000 - Utilities 40,000 - Repairs and Maintenance 1,500 - Operating Supplies 7,500 - Small Tools 3,000 - Advertising 750 88 450 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 17, 2007 Adopted: February 7, 2007 ~3 ~ Effective: February 7, 2007 Approved by Finance:-'1 YT-- N- I D Suggested by: City Manager CITY OF KENAY NO. 2211-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE SALE OF APPROXIMATELY 38.224 ACRES AT TRACT I, BARON PARK, 2005 REPEAT IN THE CITY OF KENAI, ALASKA, AND SETTING FORTH THE PRICE AND OTHER TERMS AND CONDITIONS OF SALE. WHEREAS, the City of Kenai is the owner of approximately 38.224 acres at Tract 1, Baron Park, 2005 Replat in the City of Kenai, Alaska; and, WHEREAS, notwithstanding any other provisions of KMC 21.15, when it is found that encouragement of a new commercial enterprise would be beneficial to the City of Kenai, KMC 21.15.170 allows the sale of City land to be authorized by ordinance upon such terms as to price, conditions of conveyance and other conditions of sale; and, WHEREAS, construction of a 170,000 square-foot retail shopping facility would be beneficial to the City of Kenai; and, WHEREAS, Wal-Mart Stores, Inc. (Wal-Mart) wishes to purchase the property to build a retail shopping facility in Kenai of not less than 170,000 square feet; and, WHEREAS, the property is zoned Light Industrial and the intended use is a principal permitted use under the Kenai Zoning Code; and, WHEREAS, an appraisal by Derry & Associates has determined the fair market value to be $3,580,000; and, WHEREAS, Wal-Mart has agreed to pay fair market value ($3,580,000) for the property; and, WHEREAS, the proceeds from the sale will be placed in the Airport Land Sale Permanent Fund pursuant to KMC 7.30; and, WHEREAS, the property is not needed for a public purpose; and, WHEREAS, interest income from money placed in the Airport Land Sale Trust Fund can be used to support airport operations; and, WHEREAS, the purchase agreement provides that Wal-Mart will construct a retail shopping facility of at least 170,000 square feet within four years of the latter of the closing of the sale or issuance of a wetlands permit; and, WHEREAS, the City shall have a right to repurchase the property if Wal-Mart fails to construct the required improvements within the allowed time period; and, Ordinance No. 2211-2006 Page 2 of 2 WHEREAS, the sale will be beneficial to the City of Kenai because: the proceeds will significanfiy increase the size of the Airport Land Sale Trust Fund which is used to support the operations of the Kenai Municipal Airport; it will significantly increase sales and property tax revenue to the City of Kenai; it will provide a significant number of jobs at the store and construction jobs during the project; it will stimulate business growth and customer traffic within Kenai; it will increase the commercial appeal of other land owned by the City of Kenai near the store; and, WHEREAS, the attached Purchase and Sale Agreement sets forth the price, conditions of conveyance, and other terms and conditions of the sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that I) the property is not needed for a public purpose; and 2) the City Manager is authorized to execute the sale of Tract 1, Baron Park, 2005 Replat in the. City of Kenai, as set forth in the attached Purchase and Sale Agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAi, ALASKA, this seventh day of February, 2007. PAT PORTER MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: January 17, 2007 Adopted: February 7, 2007 Effective: March 7, 2007 Kenai, AK #4474 PURCHASE AGREEMENT (with Repurchase Right and Put Right} Date , 2007 (The "Effective Date" of this Agreement is the date on which this Agreement is fully executed by all parties hereto, as indicated by the latest date on the signature page(s) of this Agreement.) WAL-MART STORES, INC., a Delaware corporation ("Buyer") CITY OF I(ENAI, ALASKA, an Alaskan governmental entity ("Seller") Sale and Purchase. Pursuant to this Agreement, Seller shall sell and Buyer shall purchase the approximately 38.224 acre tract of land together with all improvements thereon, easements, water rights, and other rights appurtenant thereto and all of Seller's right, title, together with any and all development fees, impact fees, water, sewer or other utility tap, connection, meter or service fees or amounts which have been paid to any governmental authority in connection with any previous development of the property or any utility service provided to any improvement located on said land (collectively, the "Property") described in Exhibit A hereto. 2. Purchase Price. The purchase price for the Property (the "Purchase Price") shall be $3,580,000.00 (subject to recalculation if applicable under Sections 19 and 33, below). Buyer will pay $50,000.00 (the "Deposit") within ten days after the Effective Date to an interest bearing escrow account, with interest accruing to Buyer, with Stewart Title Guaranty Company ("Title Company"), Attention: Violet Gonzales, 2 North LaSalle Street, Suite 1400, Chicago, IL 60602, wherein Title Company intends to use Stewart Title of the Kenai Peninsula, Attention: Cassie McMahon, 610 Attla Way, Suite 4, Kenai, AK 99611, as its local title agent. Such interest shall be included in any refund of the Deposit hereunder. Any amounts required to be deposited by Buyer with the Escrow Agent pursuant to the terms of this Agreement may, at Buyer's election, be allocated pursuant to an irrevocable letter of credit existing in favor of Escrow Agent. The balance of the Purchase Price after application of any deposits made pursuant to this Agreement will be paid through the Escrow upon closing of this sale ("Closing") by certified check or Federal wire transfer. 3. Escrow. This Agreement will be delivered as escrow instructions to establish an escrow (the "Escrow") with Title Company as escrowholder ("Escrow Agent"). The date of opening of escrow is the Effective Date of this Agreement. Escrow fees are subject to approval of Buyer and Seller. Nof Tess than three business days prior td Closing Seller shall execute the deed for the Property and deliver it to Title Company to hold until Closing. If there is any inconsistency between any escrow instructions and this Agreement, this Agreement shall control. 4. Survev. Buyer shall obtain a survey of the Property (the "Survey") suitable to Buyer and Title Company, containing the certification of the surveyor of the number of net square feet contained in the Property (the "Net Square Feet"). The Survey will show each exception contained in the Commitment, including any denominated as Schedule B exceptions, and its effect on the Property. 597501.11 12/27/2006 5. Title Review. The Title Company shall, at Seller's expense, provide Buyer with a commitment for an ALTA owner's title policy on the Property (the "Commitment"), and copies of all instruments shown by the Commitment as exceptions. At Closing Seller shall pay and release all amounts secured by mortgages, deeds of trust or other liens on the Property ("Monetary Liens") and terminate all existing tenancies or rights to possession of the Property ("Tenancy Rights"). Buyer shall have 30 days after receipt of the Commitment, Survey and copies of all documents constituting exceptions to title and survey (the "Review Period"), to review the Commitment and Survey. If Buyer objects to any matters in the Commitment or Survey, Buyer shall notify Seller in writing. Within 30 days of receipt of notice, Seller shall clear the title of the matters to which Buyer objects. If Buyer does not either accept or object to the Commitment and Survey within the Review Period, Buyer shall be in default and Seller may give Buyer notice pursuant to Section 9. Except for Monetary Liens, Tenancy Rights and matters to which Buyer objects, exceptions contained in the Commitment are the "Permitted Exceptions". If the Commitment is amended or supplemented after Buyer has submitted its objections to Seller, the same time periods, procedures and notices for objections and clearance of title shall apply to matters disclosed thereby. 6. Title Insurance and Deed. At Closing, Seller shall convey marketable fee simple title to the Property to Buyer, by general warranty deed in a form acceptable to Buyer, subject only to the Permitted Exceptions. The deed shall specifically list the Permitted Exceptions on an exhibit and shall not contain language such as or similar in context to "subject to all matters of record." Buyer shall obtain at Closing, at Seller's expense, a standard form ALTA Owner's Title Insurance Policy (the "Policy") issued by the Title Company, insuring marketable fee simple title to Buyer in the full amount of the Purchase Price and containing no exceptions or conditions other than the Permitted Exceptions. Buyer has the right to elect to obtain an ALTA extended coverage title insurance policy and such endorsements to the Policy as Buyer may require. Buyer will be responsible for the increase in premium between a standard form policy and an extended form policy and the costs of any endorsements other than endorsements obtained by Seller to cure Buyer's title objections as set forth in Section 5. 7. Risk of Loss and Condemnation. Until Closing, Seller has the risk of loss or damage to the Property. If any loss or damage occurs prior to Closing, Buyer may, at its option, either (i} cancel this Agreement and receive a refund of the Deposit, or (ii) accept the Property with the Purchase Price reduced by the cost of replacement or repair. If all or any part of the Property is condemned or any condemnation action or proceeding is commenced prior to Closing, Buyer may, at its option, either (a) cancel this Agreement and receive a refund of the Deposit, or (b) complete the purchase, with all condemnation proceeds and claims being assigned to Buyer. -- 8. -- Taxes-and Assessments. Any-real property taxes-shall be-prorated and adjusted on the --- ---- basis of the actual days in the calendar year, Seller to have the last day, to the date of Closing. Taxes for all prior years and any taxes which become due or which are levied as a result of a change in the use of the Property in implementing Buyer's plan for the development of the Property shall be paid by Seller. Assessments, either general or special, for improvements completed prior to Closing, whether matured or unmatured, shall be paid in full by Seller (including all principal and interest). Any rollback taxes due as a result of the sale shall be paid by Seller. All other assessments shall be paid by Buyer. Seller will provide to Buyer such real property tax information for the Property as Buyer requests. Any Federal, state and local documentary or revenue stamps, transfer, sales and other taxes relating to the sale of the Property shall be paid by Seller at Closing and both parties agree to execute any tax forms necessary. 597501.11 12/27/2006 9. Notice of Default. In the event either party is in default of any provision hereof, including pursuant to Section 19, the non-defaulting party, as a condition precedent to its remedies, must give the defaulting party written notice of the default in strict accordance with the notice requirements of Section 18. The defaulting party shall have ten business days from receipt of such notice to cure the default. If the default is timely cured, this Agreement shall continue in full force and effect. If the default is not timely cured, the non-defaulting party may pursue its applicable remedies set forth in Sections 10 or 11. 10. Remedies of Seller. If Buyer defaults under this Agreement, Seller's sole and exclusive remedy shall be to retain the Deposit as liquidated damages, and cancel this Agreement with Buyer responsible for the payment of any escrow cancellation fees. The parties acknowledge that: (i) it would be impracticable to fix the actual damages suffered by Seller as a result of such default; and (ii) the amount of the liquidated damages represents a fair and reasonable compensation to Seller for such default. 11. Remedies of Buver. If the sale and purchase of the Property contemplated by this Agreement fails to close through no fault of Buyer, then Buyer may, at its option and as its sole and exclusive remedies, either: (a) cancel this Agreement, in which case the Buyer's Deposit shall be immediately refunded to Buyer, or (b) bring an action for specific performance of this Agreement, provided that, notwithstanding anything to the contrary contained herein, if, due to Se{ter's intentional or gross miscor•,duct, the remedy of specific performance is (i) unavailable or (ii) impracticable because obtaining such remedy would increase the Purchase Price of the Property beyond the Purchase Price set forth herein or require Buyer to incur liabilities or obligations (excluding costs of enforcement) not contemplated pursuant to the terms of this Agreement (by way of example, to close would require Buyer to assume or pay off a mortgage or deed of trust that Seller placed on the Property that was not contemplated pursuant to the terms of this Agreement), then Seller shall be liable for all damages, whether in contract or tort or under any legal or equitable theory, including consequential damages, and for reasonable attorneys fees and costs. 12. Right of Entry and Inspection. At any time prior to Closing, at Buyer's sole expense, Buyer or its .authorized agents may enter upon the Property for any lawful purpose, including making Inspections (as defined below) and erecting signs Buyer deems necessary. Buyer may select qualified professionals to make "Inspections" (including tests, borings, surveys, studies, inspections, investigations and interviews of persons familiar with the Property) concerning the Property, including but not limited to tests of structures, wells, septic tanks, underground storage tanks, soils, geologic hazards, utility lines and systems and environmental hazards. Buyer shall order the Inspections within 30 days of receipt of the Survey. Buyer shall keep the Property free of any liens, and repair any material physical damages to the Property arising from the Inspections. If any Inspections disclose matters unsatisfactory-to Buyer; which Seller is unable or unwilling - - to correct at Seller's expense, Buyer may cancel this Agreement and receive a refund of the Deposit. 13. Brokerage Fees. Buyer shall be responsible for the payment of the brokerage fee or commission, payable only upon Closing, to Buyer's Broker, namely, Bond, Stephens, & Johnson, Inc. (Greg L. Johnson), in an amount equal to 6% of the first $1,500,000.00 of the Purchase Price plus 3% of the balance of the Purchase Price; but not to exceed $175,000.00 in the aggregate without specific written agreement from Buyer. The parties hereby acknowledge that Buyer's Broker represented and represents solely Buyer, and that previously disclosure was made of such representation. Both parties represent that no other broker is involved in this Agreement and each party indemnifies 597501.11 Y?J27/2006 ,'~ the other against brokerage or commission claims arising out of the indemnifying party's actions. 14. Seller's Warranties. Seller makes the following representations and warranties which are true and accurate as of the Effective Date of this Agreement and as of Closing: (a) Seiler has no knowledge of any violations of city, county, state, federal, building, land use, fire, health, safety, environmental, hazardous materials or other governmental or public agency codes, ordinances, regulations, or orders with respect to the Property, or any lands adjacent to the Property. (b) No litigation is pending, threatened or likely with respect to the Property, Seller's interest therein, or which would inhibit Buyer obtaining clear title to the Property. (c) Seller has no knowledge of any facts concerning the Property that would adversely affect the ability of Buyer to develop the Property as a retail facility. (d) The Property is not contaminated with, nor threatened with contamination from outside sources by, any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority or which is known to pose a hazard to health and safety and the Property has never been used for a landfill, dump site, underground improvements, storage of hazardous or regulated substances, or by a manufacturer of any product or for any other industrial use; provided that Seller discloses that an approximately 150' x 30' portion of the Property may contain construction debris located under a large dirt pile, consisting of stumps, concrete, and asphalt. (e) Except as disclosed to Buyer in writing, there are no unrecorded leases, arrangements, agreements, understandings, options, contracts, or rights of first refusal affecting or relating to the Property in any way. (f) Except to the extent this Agreement provides otherwise, the Property will remain in the condition existing as of the execution of this Agreement until Closing. (g) The individual signing this Agreement on behalf of Seller has the authority to bind the Seller to the agreements set forth herein. (h) Seller warrants that, as of the Effective Date of this Agreement and at Closing, municipal water and sanitary sewer mains are located in the rights-of-way of Marathon Road and the Kenai Spur Highway adjacent to the Property; provided that Buyer is solely responsible for the cost of connection to such utility mains _ and for.. any connections.._or hookup fees__pursuant_ oSeller's ordinary and_____ customary regulations and schedules applicable to its commercial customers. 15. Environmental Indemnity. Seller hereby indemnifies and agrees to defend and hold Buyer harmless from all claims, costs, liabilities, judgments or expenses resulting from any representations and warranties in Section 14(d) being untrue. Seller agrees, at its sole cost and expense, to perform all acts necessary to cause the Property to comply with all federal,. state and local environmental laws, rules and regulations. Buyer may postpone Closing until Seller does so, or, postpone Closing and undertake actions necessary to fulfill Seller's obligations hereunder and receive a credit against the Purchase Price for the expenses incurred by Buyer in fulfilling Seller's duties hereunder. ss~soi.ii iziz~izoas q 16. Contingencies (a) Governmental Approvals. This Agreement is expressly conditioned on all approvals deemed necessary by Buyer for its use of the Property and for the construction of Buyer's planned facilities, subject only to conditions and stipulations acceptable to Buyer (the "Governmental Approvals"). Seller shall, in all ways, fully cooperate with Buyer in the pursuit of the Governmental Approvals including, without limitation, executing any application necessary to obtain each and every Governmental Approval. Buyer shall pursue the applications and processing to completion and Seller shall execute all necessary and appropriate instruments reasonably requested by Buyer which are related to the same. "Final Approval" of the Governmental Approvals shall be the date when: (i) all of the Governmental Approvals have been reviewed and finally approved by the appropriate governmental agencies, {ii) any ordinances with respect thereto have taken effect, (iii) the time has passed for appeal of all Governmental Approvals, (iv) no notice of referendum or initiative with respect to any Governmental Approval has been published or publicized and (v) any appeals or litigation with respect to (iii) or (iv) above have been prosecuted and resolved in a manner which is satisfactory to Buyer and is not subject to remand to lower courts or governmental agencies. If the Final Approval has not occurred on or before 365 days from the Effective Date of this Agreement (the "Approval Deadline"), and if the parties have not otherwise mutually agreed to extend the Approval Deadline, Buyer may, at its option, either (a) terminate this Agreement, in which case this Agreement shall be of no further force and effect, and Title Company is irrevocably instructed to return to Buyer the Deposit, or (b) waive some or all parts of this contingency, (with or without imposition of further conditions not involving additional dollar expense by Seller) at Buyer's sole and absolute discretion, and proceed with the Closing. Notwithstanding anything to the contrary, as regards all required wetlands permits, approvals or determinations of non-jurisdiction from the United States Army Corps of Engineers or other applicable governmental entities as relates to the Property (the "Wetlands Approvals"), Seller agrees to be the applicant for, to diligently process to completion and to transfer/assign any such Wetlands Approvals to Buyer in a manner specified or otherwise acceptable to Buyer; provided that Buyer will reimburse Seller, upon written request with supporting documentation, for any reasonable costs, expenses and fees incurred by Seller in pursuing such Wetlands Approvals in accordance with this Section; provided such reimbursement amount shall not exceed $10,000 in the aggregate. Buyer agrees to cooperate and provide Seller with information and support sufficient to allow Seller to submit a Section 404 wetlands permit application seeking such (b) Buyer shall have a 365-day period from the Effective Date of this Agreement (the "Feasibility Period°') to determine the feasibility of Buyer's planned development of the Property, provided that the parties may mutually agree to extend the Feasibility Period. At any time prior to the end of the Feasibility Period, the Buyer may, for any reason in its sole and absolute discretion, cancel this Agreement and receive a refund of the Deposit. 17. Information. Within ten days after the Effective Date of this Agreement, Seller shall provide Buyer with copies of all surveys, site plans, studies, engineering reports, environmental studies, agreement pertaining to any water rights or supply, matters 597501.11 72/27/2006 .~i similar to the results of Inspections and other materials prepared for Seller, in Seller's possession or available to Seller relating to the Property and shall disclose in writing any other reports of which Seller is aware. If this Agreement is canceled, the information provided will be returned to Seller; otherwise, Buyer may retain the information. Seller shall disclose any material changes with respect to any information contained in this Agreement which occur prior to Closing. 18. Notices. All notices and communications required or permitted to be given hereunder shall be in writing and hand delivered or mailed by certified or registered mail, postage prepaid, or by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows: If to Seller: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611-7794 Attention: Mr. Rick R. Koch City Manager If to Buver: Wal-Mart Stores, Inc. 2001 S.E. 10`h Street Bentonville, Arkansas 72716-0550 Attention: Roger Thompson - 8703 Store #4474 With Copy To: Cary R. Graves City Attorney City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 With Copy To: Wal-Mart Stores, inc. 2001 S.E. 10th Street Bentonville, Arkansas 72716-0550 Attention: John Okwubanego - 8313 Store #4474 Notice shall be deemed to have been given upon receipt or refusal. 19. Closing. Closing shall occur within thirty (30) days of the expiration of the Approval Deadline, and provided all other conditions and contingencies set forth in this Agreement are satisfied, unless otherwise mutually agreed by the parties; provided that if Closing occurs (other than because of a default by Seller) after October 6, 2007, then the Purchase Price shall be recalculated as set forth in Section 33 below and in such event Closing shall be continued to allow such recalculation. Seller shall deliver to Buyer and Title Company all information and documents required of it for Closing at least ten days prior to Closing. If Seller fails to do so, Buyer may, at its option, delay Closing until ten days after all information and documents are delivered. Each party authorizes the Title Company to prepare the settlement statements for the Closing on HUD forms, show both the Buyer and Seller columns on a single settlement statement and disclose to the other party both the Buyer's and the Seller's half of any settlement statement, pre-audit __ or_similar closing statement. Seller shall deliver pgssession_of the Property to Buyer at __ Closing. 20. Closing Costs. Notwithstanding anything to the contrary contained herein, Closing costs shall be paid as follows: By Seller (Seller hereby authorizing Title Company to deduct the following expenses from the Seller's proceeds due at Closing): (a) Title insurance examination and standard owner's policy premium. (b) Expenses of placing title in proper condition. (c) Preparation of General Warranty Deed, affidavits and any other - documents required to convey title. 597501.11 12/27/2006 (d) Revenue stamps, transfer tax, documentary stamps or excise tax. (e) One-half the escrow fee, if any. By Buyer: (a) Recording fees. (b} One-half the escrow fee, if any. (c) Cost difference, if any, between extended owner's title policy and standard owner's title insurance policy and any endorsements for which Buyer is responsible pursuant to Section 6. (d) Brokerage or finder's fee or commission. 21. Time of Essence. Time is of the essence of this Agreement. 22. Entire Agreement. This Agreement contains the entire agreement between Seller and Buyer, and there are no other terms, conditions, promises, undertakings, statements or representations, express or implied, concerning the sale contemplated by this Agreement 23. Headings. The Section headings are for convenience of reference only and do not madify or restrict any provisions hereof and shat! not be used to construe any provisions. 24. Modifications and Waiver. This Agreement may be amended only by an instrument in writing signed by both Seller and Buyer. This Agreement may be terminated only in accordance with the terms of this Agreement or by an instrument in writing signed by both Seller and Buyer. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision, nor shall any waiver be a continuing waiver. Except as expressly provided in this Agreement, no waiver shall be binding unless executed in writing by the party making the waiver. 25. Successors. This Agreement shall inure to the benefit of and bind the parties hereto and their respective executors, heirs, administrators, successors and assigns. Seller may not assign this Agreement without the prior written consent of Buyer. Buyer may not assign this Agreement without consent by Seller; provided that Buyer may assign, without consent of Seller, this Agreement to any business entity related to or under common control with Buyer, including any parent, subsidiary or affiliated company. 26. Internal Revenue Code. Seller agrees to comply with Section 1445 of the Internal Revenue Code and will complete and submit to Buyer the form attached as Exhibit B. 27. Attorney's Fees; Court Costs. In any action or proceeding arising out of this Agreement, and other than in the circumstance set forth in Section 11 above, each party shall bear its own-attorney's fees and the prevaiffng party shalltre entitled to recover-only court - costs from the non-prevailing party incurred by such party in enforcing its rights hereunder. In the event of a legal dispute, the laws of the State where the Property is located shall prevail. 28. Survival. All warranties, indemnities, representations and covenants herein and the provisions of Section 8 shall survive Closing. 29. Dates of Performance. If any date for performance of any obligation hereunder falls on a Saturday, Sunday or nationally established holiday, the time for performance of such obligation shall be extended until the next business day following such date. 597501.11 12/27/2006 7 30. Enforceability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute one and the same instrument. 32. "Put" Right. If Buyer elects to close this transaction without the Wetlands Approvals, and Buyer does not thereafter after Closing obtain the issuance of final, nonappealed Wetlands Approvals, then, on or before one year after the Closing, Buyer may elect, in its sole discretion, to give a written notice to Seller (the "Put Notice") of Buyer's election to cause Seller to repurchase the Property by paying to Buyer a payment equal to the Purchase Price (the "Put"). In the event Buyer elects to exercise the Put, the transaction shall close within ninety (90) days of the Put Notice, and be conducted in the manner set forth in Section 34(e) below. The Put shall automatically terminate in the event Buyer does not provide Seller with timely notice of its intention to exercise the Put. The provision of this Section shall survive Closing. This Agreement shall not be recorded; however, a memorandum of the Put rights afforded under this Section shall be recorded against the Property at Closing in torm and content set forth as Exhibit C hereto. 33. Purchase Price Recalculation. If Closing occurs (other than because of a default by Seller) after October 6, 2007 (the "Recalculation Date"), then the Purchase Price shall be recalculated to be the "Fair Market Value" of the Property as determined by the method set forth in the succeeding paragraphs in this Section. The "Fair Market Value" of the Property for purposes of the Purchase Price under this Section shall be equal to the fair market rate for similar commercial property in the City of Kenai, Alaska (the "Relevant Area"). Seller shall give Buyer notice of Seller's estimation of Fair Market Value not later than thirty (30) days after the Recalculation Date, as evidenced and supported by the written opinion of a qualified and licensed MAI real estate appraiser (selected and paid for by Seller) familiar with the Relevant Area and who would qualify as an expert witness. If Buyer disagrees with such estimate, it shall advise Seller in writing thereof within thirty (30) days of Buyer's receipt of such estimate. If there is a disagreement on such estimation, the parties shall promptly meet to attempt to resolve their differences. If the differences as to Fair Market Value are not resolved within thirty (30) days of the date of Buyer's notice of disagreement of the initial estimate of Fair Market Value, then the parties shall submit the matter to arbitration in accordance with this Section. Notwithstanding anything to the contrary herein, Closing shall be continued to allow such determination of Fair Market Value. -- - If -the--parties-are-unable to--reach--agreement on _Fair.Market _Value_.during ihe: period _. specified in the immediately preceding paragraph, then within ten (10) days thereafter either party may advise the other in writing of the name and address of its arbitrator. The arbitrator shall be qualified as an MAI real estate appraiser familiar with commercial property values in the Relevant Area who would qualify as an expert witness. Within ten (10) days after receipt of such notice from the initiating .party (the "Instigator") designating its arbitrator, the other party (the "Recipient") shall give notice to Instigator, specifying the name and address of the person designated by Recipient to act as arbitrator on its behalf who shall be similarly qualified. The duty of the arbitrator(s) shall be to determine the Fair Market Value. The two (2) arbitrators so chosen shall meet within ten (10) days after the second arbitrator is appointed and, if within ten (10) days after such first meeting the two arbitrators shall be unable to agree promptly upon a 597501. ~ 7 12/27!2006 determination of Fair Market Value, they, themselves, shall appoint a third arbitrator, who shall be a competent and impartial person with qualifications similar to those required of the first two arbitrators. Where the issue cannot be resolved by agreement between the two arbitrators selected by Seller and Buyer or settlement between the parties during the course of arbitration, the issue shall be resolved by the three arbitrators in accordance with the following procedure. Each of the two arbitrators originally selected by each of the parties shall state in writing his or her determination of the Fair Market Value supported by the reasons therefore with counterpart copies to each party (the "Determinations"). The arbitrators shall arrange for a simultaneous exchange of such Determinations. The role of the third arbitrator shall be to independently select which of the two Determinations most closely approximates his or her determination of Fair Market Value and the Determination so chosen shall be the Fair Market Value. The third arbitrator shall have no right to propose a Fair Market Value but must select one or the other Determination reached by one of the two original arbitrators. Any decision in which the arbitrator appointed by Seller and the arbitrator appointed by Buyer concur shall be binding and conclusive upon the parties. Each party shall pay the fee and expenses of its respective arbitrator and both shall share equally the fee and expenses of the third arbitrator. Each party shalt bear its own attorneys' fees and expenses in connection with the determination of Fair Market Value. The arbitrators shall have the right to consult experts and competent authorities with factual information or evidence pertaining to a determination of Fair Market Value. The arbitrators shall render their decision and award in writing with counterpart copies to each party. The arbitrators shall have no power to modify the provisions of this Agreement. 34. Repurchase Rioht (a) In the event Buyer fails to either complete or to be diligently pursuing the completion of the construction of at least a 170;000 square foot retail shopping facility the Property on the date which is four (4) years from the later of (i) the date of Closing or (ii) the issuance of final, nonappealed Wetlands Approvals (the "Completion Deadline"), subject to the other provisions of this Section including (f) and (g) below, Seller shall have the one time right (the "Repurchase Right") to repurchase the Property including any improvements by paying to Buyer a payment (the "Repurchase Payment") equal to the sum of the Purchase Price less the costs of removing or clearing liens affecting the Property created by Buyer after the Closing. (b) Seller shall give Buyer written notice of its intention to exercise said right of repurchase (the "Repurchase Notice") within thirty (30) days of the Completion Deadline. In the event Seller elects to exercise the Repurchase Right, the transaction shall close within ninety (90) days of the Repurchase Notice. The -- --Repa~ehase-Right shall automatieaNy terming#e fn the event Seller-does not -- -- provide Buyer with timely notice of its intention to exercise the'Repurchase Right or in the event that Seller does not close the transaction within ninety (90) days after the effective date of the Repurchase Notice. (c) The .Repurchase Payment shall be calculated as of the date of Repurchase Notice. Within ten (10) business. days after receipt of the Repurchase Notice, Buyer shall provide Seller with a written notice of the amount of the Repurchase Payment. Upon receipt of such notice Seller shall have fifteen (15) days to rescind its election to repurchase the Property pursuant to this Section and, upon such recession, Seller's rights under this Section shall be of no further force or effect. 597501.11 12/27/2006 9 (d) Seller's right to repurchase contained in this Section constitutes Seller's sole and exclusive remedy for any failure on the part of Buyer to complete construction on the Property. As used herein, completion of the retail shopping facility shall be deemed to have occurred once Buyer's retail shopping facility has opened for business for one day on the Property. Seller shall pay the Repurchase Payment into escrow within ninety (90) days of the Repurchase Notice. In the event the Seller fails to timely tender the Repurchase Payment, the Repurchase Right shall automatically terminate and be of no further force and effect, and Seller shall have no right to repurchase the Property under this Section. (e) In the event that the Seller complies with the provisions of this Section, Buyer shall convey title to the Property to the Seller by Special Warranty Deed in the same state as is evidenced by the title insurance policy issued in favor of Buyer pursuant to the terms hereof, subject to such reasonable easements, dedications and rights-of-way which may be required in Buyer's discretion to make beneficial use of the Property. In connection with the closing of the sale of the Property by Buyer to Seller, Buyer shall pay the expense and cost of all local documentary or revenue stamps, transfer, sale or other taxes, if any, related to the sale of the Property and for a standard form ALTA owner's title policy issued by the Title Company insuring marketable fee simple title to Seller, subject only to the matters described in the foregoing sentence. (f) Notwithstanding anything to the contrary contained herein, the date by which Buyer is required to complete construction pursuant to this Section shall be extended if Buyer's performance thereof is prevented by virtue of (i) Buyer's inability to obtain necessary governmental approvals to build, open or operate on the Property in accordance with Buyer's plans therefor, (ii) a pending referendum, (iii) by the order of a court resulting from any litigation brought by a third party to prevent or delay Buyer's development, construction or operation, or (iv) a Force Majeure (as defined below). Such extension shall be for a period equal to the actual length of such delay, together with any time reasonably required by Buyer to remobilize for construction as a result of such delay. (g) For purposes of this Agreement, "Force Majeure" shall mean any event beyond the control of Buyer, its contractors, or any entity controlled by Buyer that delays the performance of any obligation of Buyer under this Agreement despite Buyer's commercially reasonable efforts to fulfill the obligation, including without limitation by reason of acts of God, strikes,. lockouts, labor troubles, civil disorder, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of Buyer (financial inability excepted). (h) __ It is .expressly_agreed_Shat no agreement.between Buyer and Seller shall_be___ construed to contain a covenant, either express or implied on the part of Buyer to open or operate a retail shopping facility on the Property. Seller recognizes and agrees that Buyer may, at Buyer's sole discretion, choose to open a retail store on the Property or elect not to do so; and Seller hereby waives any legal action for damages or for equitable relief which might be available to Seller because of any failure of Buyer to open a retail shopping facility on the Property. (i) The provisions of this Section shall survive Closing. This Agreement shall not be recorded; however, a memorandum of the Repurchase Rights afforded under this Section shall be recorded against the Property at Closing in form and content set forth as Exhibit C hereto. 597501.11 12/27/2006 j p IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WAL-MART STORES, ING., a Delaware corporation By Its Assistant Vice President Date CITY OF KENAI, ALASKA By Its City Manager Date ss~so7.i i w2~i2oos i t EXHIBIT A TO PURCHASE AGREEMENT (Legal Description of the Property) Approximately 38.224 acres of land located near the intersection of Marathon Road and Kenai Spur Highway, in the City of Kenai, Alaska, and also described as Tract 1, Baron Park 2005 Replat (Tax Parcel No. 043-361-07). EXHIBIT A TO PURCHASE AGREEMENT 597501.11 12/27/2006 12 EXHIBIT B TO PURCHASE AGREEMENT (Form of Non-Foreign Affidavit) ENTITY TRANSFEROR Personally appeared before me the undersigned officer, duly authorized to administer oaths, ,who being duly sworn according to law, deposes and says on oath as follows: 1. The undersigned is presently the City of Kenai, an Alaskan governmental entity (the "City"). 2. The undersigned is familiar with the affairs of the City and has personal knowledge of the facts sworn to in this Affidavit, and is authorized on behalf of the City to make this Affidavit. 3. The City is the owner of that certain property (the "Property") described on Exhibit "A" attached hereto and by this reference made a part hereof and the City has caused to be executed and delivered that certain deed, of even date herewith, conveying the Property to Wai-Mart Stores, inc., a Delaware corporation ("Purchaser"). 4. Section 1445 of the Internal Revenue Code provides that a purchaser of a U.S. real property interest must withhold tax if the seller is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the Purchaser that the withholding of tax is not required upon the disposition of the Property by the City, the undersigned hereby certifies the following on behalf of the Company: (a) The City is not a disregarded entity as defined in Section 1.1445- 2(b)(2)(iii); (b) The City's U.S. Employer Identification Number is (c) The Company's office address is 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, Attention: Mr. Rick R. Koch, City Manager. 5. The City understands that this certification may be disclosed to the Internal Revenue Service by the Purchaser and that any false statement contained herein could be punished by fine, imprisonment, or both. 6. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the City. EXHIBIT B TO PURCHASE AGREEMENT 597501.11 12/27/2006 13 GIVEN under my hand and seal this day of , 2007. CITY OF KENAI, ALASKA By Its City Manager Sworn to and subscribed in the presence of: Notary Public My Commission Expires: [NOTARIAL SEAL] (SEAL) EXHIBIT B TO PURCHASE AGREEMENT 597501.11 12/27/2006 14 EXHIBIT C TO PURCHASE AGREEMENT When Recorded Return To: MEMORANDUM OF PUT and REPURCHASE RIGHTS [Kenai AK #4474] This Memorandum of Put and Repurchase Rights (the "Memorandum"), effective this _ day of , 2007, is made by and between the CITY OF KENAI, ALASKA, an Alaska governmental entity (the "City"), whose address is City of Kenai, 210 Fidalgo Avenue, Kneai, Alaska 99611, Att: Cary R. Graves, City Attorney, WAL-MART STORES, INC., a Delaware corporation ("WaI-Mart"), whose address is WaI-Mart Stores, Inc., Store #4474, 2001 S.E. 10t" Street, Bentonville, Arkansas, 72716-0550, Att: John Okwubanego (#8313). The parties hereby give notice as follows: 1. This Memorandum is made with respect to that certain land located in the Cify of Kenai, Aiaska, and legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). 2. WaI-Mart is the owner of the Property, having acquired the Property from the City pursuant to that Purchase Agreement (with Repurchase Right and Put Right) dated 2007, by and between the City and WaI-Mart (the "Purchase Agreement"). 3. In the Purchase Agreement, the City and WaI-Mart agreed, among other things, to certain rights with respect to the Property which survive Closing (as defined in the Purchase Agreement), namely (i) a "'Put' Right" in favor of WaI-Mart pursuant to Section 32 of the Purchase Agreement in which WaI-Mart may elect, in its sole discretion, to cause the City to repurchase the Property on the terms and conditions set forth in such Section of the Purchase Agreement (the "Put Right"), and (ii) a "Repurchase Right" in favor of the City pursuant to Section 34 of the Purchase Agreement in which the City has the one time right to repurchase the Property from WaI-Mart on the terms and conditions set forth in such Section of the Purchase Agreement (the "Repurchase Right"). 4. The parties hereto give notice of the Put Right and the Repurchase Right as regards the Property as such exist on the terms and conditions set forth in such relevant Sections of the Purchase Agreement, which relevant Sections of the Purchase Agreement are incorporated herein by reference as if fully set forth herein. A copy of such relevant Sections of the Purchase -- Agreement-are available for--inspection-witty either the--City or-WaI-Mart-at the-addresses --- - hereinabove set forth. THE CITY OF KENAI, ALASKA, an Alaska governmental entity By Its City Manager ss~so7.i1 ia27i2oos EXHIBIT C TO PURCHASE AGREEMENT 15 WAL-MART STORES, INC., a Delaware corporation By: Its Assistant Vice President State of Alaska Judicial District The foregoing instrument was acknowledged before me this day of 2007, by ,the of the City of Kenai, Alaska, an Alaska governmental entity, on behalf of the governmental entity. (Seal and Expiration Date) Notary Public State of Arkansas County of Benton The foregoing instrument was acknowledged before me this day of 2007, by , an Assistant Vice President of Wal-Mart Stores, Inc., a Delaware corporation, on behalf of the corporation. (Seal and Expiration Date) Notary Public 597501.11 12/27/2006 EXHIBIT C TO PURCHASE AGREEMENT 16 EXHIBIT A (Legal Description of the Property) Approximately 38.224 acres of land located near the intersection of Marathon Road and Kenai Spur Highway, in the City of Kenai, Alaska, and also described as Tract 1, Baron Park 2005 Replat (Tax Parcel No. 043-361-07). EXHIBIT C TO PURCHASE AGREEMENT 597501.71 12/27/2006 17 ~~~\_ _ -• ttie cily~o f KENAA~ SKA `°V'fla~e wit~r a Past, Gc~ carte 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us Memorandum Date: .ianuary 10, 2007 To: Rick R. Koch, City Manager From: Kim Howard, Assistaltt to the City Manager RE: Kenai Gotf Course -Morgan Family Limited Partnership to Griffin Golf Enterprises, LLC (1) Consent to Assignment of Leases (2) Consent to Assignment of Leases for Security Purpases The Morgan Family Limited Partnership, through their attorneys Baldwin & Butler, LLC, have requested to assign the leases for the referenced property to Griffin Golf Enterprises, L,LC of which Gordon and Deborah Griffin are members. (There are two leases, one for the front nine and one for the back nine.) The leases state they shall not be assigned until the City provides consent to the assigmnents in writing, which approval shall not be mireasonably withheld. The transfer documents are attached. The leases expire on December 31, 2015. The Morgan Family Limited Partnership is in compliance with payments to the City and Borough. The approves Ce: Baldwin & Butler, LLC Attachments has reviewed the documents and has no objection as to the forms. If Council consents can YUUY/iHN/Uy/1'Ut UY:45 YNl tiHLUWIIV tiU1L1<!t LL4, t+Ad lvo, yll/ LCJ +34JJ ASSIGNMENT OF LEASE !'. UUL TIiIS ASSIGNMENT, entered into between Mozgan Family Limited Paztoezship, doing business under the name of Kenai Golf Course, hereinafter referred to as the Assignor; and Griffin Golf Enterprises, L.L.C., whose address is P.O. Box 1943, Soldotna, AK 99669, hereinafter referred to as Assignee. Assignor does hereby assign, transfer and warrant to Assignee the leasehold estate as evidenced by that certain Lease Agreement with City of Kenai, as lessor, dated 3une 7, 1985, and recorded in Book 265, Page 720, Kenai Recording District, as amended, and covering the following-described real propezty: parcel A The unsubdivided remaindez of Government Lots 1 and 2, located withinthe N1/2 Nl/2, Section 3, T5N, R11W, S.M. containing 71.919 acres, according to Plat No. 97-105. And That certain Lease Agreement with City of Kenai, as lessor, dated May 28, 1987, and recorded in Book 311, Page 134, Kenai Recording District, as amended, and covering the following-described real property: Parcel B The unsubdivided remainder of Government Lots 3 and 4, located withinthe Nl/2 Nl/2 Seetion 3, TSN, R11W, S.M. and containing 47.788 acres, accozduzg to Plat No. 97-105. TO HAVE AND TO HOLD the same from the date hereof, foz and during all of the Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arisiztg thereundez. Assignment of Lease Pagc 1 of 3 YUU7/~Alu/Uy/~Ut U'!'.€y YID1 liALll4@il~ 1SUTLl;K LLG HAX Na, yU7 2tl3 i34~~b r,UJ3 IN WITNESS WHEREOF, the said Assignor has hereto set his hand and seal. this _ day of , 2007. MORGAN F,t#NIILY LIMITED PARTNERSHIP Assignor By: Richazd I. Morgan, General Partner By: Shirley L. Morgan, General Partner GRIFFIN GOLF ENTERPRISES, L.L.C. Assignee By: Gordon Griffin, Member By: STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) Deborah Griffin, Member The foregoing instrument was acknowledged before me this day of 2007, by Richard I. Morgan, general partner ofMorgan Family Limited Partr~ership. NOTARX PUBLIC FOR ALASKA My Commission Expires: Assignment of Lease Page 2 of 3 2007/JAIL/09/TUO 02.49 ?M BAL-U~IN BUTLER LLC FA1 No, 907 283 04.35 P.00~ STATE OF ALASKA } )ss. TFIIRD JUDICIAL DISTRICT ) The foregoing instalment was acknowledged before me this day of _ , 2006, by Shirley L. Mozgan, general partner of Mozgan Family Limited Partnership. NOTARY PUBLIC FOR .ALASKA My Commission Expires: STATE OF ALASKA ) )ss. THIltD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 2006, by Gordon Griffin, Member of Griffin Golf Enterprises, L.L.C. NOTARY PUBLIC FOR ALASKA My Commission Expires: STATE OF ALASKA ) }ss. TFIIRD JUDICIAT, DISTRICT ) The foregoing instrwnent was acknowledged before me ttus day of 2006, by Deborah Griffin, Member of Griffin Golf Enterprises, L.L.C. NOTARY PUBLIC FOR ALASKA My Commission Expires: Assignment of Lease Psge 3 of 3 Kenai Recording District Return to: Baldwin & Batter, LLC 125 N. Willow St. Kenai, AK 99611 2D09/JAN/Q9/T0~ 02:49 PM BflLD~lIhJ BUTLER LLB PPX I~lo, 90'1 283 6435 CITY OP KENAI CONSENT TO ASSIGNMENT OF LEASE P. 005 The Assignment of Lease recorded as Document No. ,Kenai Recording District, from Morgan Fauvly Liznited Partnezsbip to Griffin Golf Enterprises, L.L.C., of that certain Lease dated Tune 7, 1985, and recorded in Book 265, Page 720, Kenai Recording District, as amended, and covering the following-described real property: Pazcel A And The unsubdivided remainder of Government Lots 1 and 2, located within the N1/2 Nl/2, Section 3, TSN, R11 W, S.M. containing 71.919 acres, according to Plat No. 97-T 05. That certain Lease Agreement with City of Kenai, as Lessor, dated May 28, 1987, and zecorded in Book 311, Page 134, Kenai Recording District, as amended, and covering the following-described real property: Parcel B The unsubdivided remainder of Government Lots 3 and 4, located within the Nl/2 Nl/2 Section 3, TSN, R11 W, S.M. and containing 47.78$ acres, according to Plat No. 97-105. is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original Leases above-described. This Consent is given by the City of Kenai without waiving any right or action; or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval foz any subsequent or CITY MANAGER Consent to Assignment of Lease Page 1 of 2 2207/1AN/29/Ti1E 02:49 p°~ BALDI~IId BUTLER LLC FAX No. ~G7 283 8435 P, OOE STATE OF ALASKA ) ss. THIRD JUDICIAL AISTRICT ) On this day of , 2007, before the personally appeazed ,known to be the person who executed the above instrument, and acknowledged that he or she had the authozity to sign, for the purposes stated thezein. NOTARY PUBLIC FOR ALASKA My Commission Expires: Kenai Recording Distzict Remxn to: Baldwin & Buller, LLC 125 N. willow SL Kenai, A3C 99611 Consent to Assignment of Lease Page 2 of 2 LJU I/JR1V/U~/lU6 DL:4y YNl t5HLll4V 11V t5U1L~H LLB rAx iV O, y1j'I L~~ ~54,~'J Y, U~'I ASSIGNMEI~'T OP LEASE FOR SECURITY PURPOSES --------- Gr~•ff~-Cr41EEnterprises,..LL.C,avhoseaddtessis~ O.~ox_l_943-0 Soldotna, AK 99669 , hereinafter referred to as the Assignor; for Ten Dollaxs and other valuable considerafions; does hereby assign grid transfer to Morgan Family Limited Partnership,. of P.O. Box 1101, Kenai, AK 99611, hereinafter referred to as the Assignee, all of its interest in the following-described lease, with the Ciry of Kenai as Lessor. That certain Lease Agreement with City of Kenai, as lessor, dated June 7, 1985, and recorded in Book 265, Page 720, Kenai Recording District, as amended, and covering the following-described real property: Parcel A The unsubdivided remainder of Government Lots 1 and 2, located within the N1/2 N1/2, Section 3, TSN, R11W, S.M. containing 71.919 acres, according to Plat No. 97-105. And That certain Lease Agreement with City of Kenai, as lessor, dated May 28, 1987, and recorded in Book 311, Page 134, Kenai Recording District, as amended, and covering the following-described zeal property: Parcel B The unsubdivided remainder of Government Lots 3 and 4, located within the Nl/2 Nl/2 Section 3, TSN, Rl 1 W, S.M. and containing _____ 47.788-acres, according.-toPJat-No_97-106. __ TO HAVE AND TO HOLD the same from the date hereof for and during all of the remainder yet to come of the term of said lease agreements. The Assignee shall be pzivileged at any time hereafter to have the unrestricted right to Assignment Of Lease Far Security Purposes Page 1 2007/1AN/~;/TUE 62:49 P10 BALD4~IN BUTLER LLC FAX Na,907 283 8435 ?. 008 reassign any interest hereby acquired. It is fiuther agreed that this assignment does not obligate the Assignee to any of the provisions of the lease until or unless actual possession is taken by the Assignee or its subassignees. This assignment shall be void so long as the said Assignor shall perform all of the covenants, including any for the payment of money, contained in a promissory note foz the payment of $ and interest which this date they made and delivered to said Assignee, and shall perform all of the covenants and fulfill all of the conditions contained in the deed of trust entered into between the said Assignor and the said Assignee as a part of the transaction of winch foe creation of such indebteaness is a part. 121 WITNESS WHEREOF, the said Assignor has hereunto set its hand and seal this day of STATE OF ALASKA THIRD JUDICIAL DISTRICT }ss. 2007. GRIFFIN GOLF ENERPRISES, LLC., Assignor Gordon Griffin, Member Deborah Griffin, Member 2007, by Gordon Griffin, Member of Cmffin Golf Enterprises. LLC.. NOTARY PUBLIC FOR ALASKA My Commission Expixes: Assignment Of Lease For Security Purposes Page 2 4uuiioHi~~iuyilu~ ua:~a rim ~uL~v~iw ~u~rL~x >J>rc STATE OF ALASKA PAX Nc,90'i 283 9435 P, 009 )ss. THIItD JLTDICIA.L DISTRICT ) The foregoing instrument was aclrnowledged before me this day of 2007, by Deborah Crri£5n, Member of Griffin Gol£Enterprises. LLC.. NOTARY PUBLIC FOIL ALASKA. My Commission Expires: I AssignnxenY Of Lease For Security Purposcs Page 3 2007/PATI/09/T61~ 02.49 PP4 BALDWIN BUTLER LLC PAS Na, 907 283 8435 CITX OF KENAI CONSENT TO ASSIGNMENT FOR SECURITY PURPOSES P, Oi0 The Assignment For Security Purposes from Griffin Golf Enterprises, LLC to Morgan Family Limited Partnership, dated the day of , 2007, covering the Following described property: That certain Lease Agreement with City of Kenai, as lessor, dated June 7, 1985, and recorded in Book 265, Page 720, Kenai Recording District; as amended, and covering the foAowing-described real property: Parcel A The unsubdivided remainder of Government Lots 1 and 2, located within the Nl/2 NI/2, Section 3, TSN, R11W; S.M. containing 71.919 acres, according to Plat No. 97-105. And That certain Lease Agreement with City of Kenai, as lessor, dated May 28, 1987, and recorded in Book 311, Page 134, Kenai Recording District, as amended, and covering the following-described real property: Parcel B The unsubdivided remainder of Government Lots 3 and 4, located within the Intl/2 Nl/2 Secfion 3, TSN, R11W, S.M. and containing 47.788 acres, according to Plat No. 97-105. is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained iaz the original Leases above described. This Consent is given by the City of Kenai without waiving any right or action, or zeleasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent CITY MANAGER Consent to Assignment for Security Purposes Page I of 2 LUUI/JHN/Uy/lUt UL:'JU YNl tiHLllW11V fSUIL~K LLI. PHX No, yUY l~j tl4~~ Y, Ull STATE OF ALASKA ) ) ss. TIitt2D NDICIAL DISTRICT ) On this day of , 2007, before me personalty appeared lrnown to be the person who executed the above instrument, and aclrnowtedged that he oz she had the authority to sign, for the purposes stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires: Kenai Recording District Return tn. Baldwin & Butler, LLC 125 N. Willow St. Kenai, AK 99611 Consent to Assignment for Security Purposes Page 2 of 2 // . s e ~* ~cf(aye wct~t a Past Gc ,wt~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci:kenai.ak.us__ MEMORANDUM TO: Mayor/Council Members FROM: Carol L. Freas, City Clerk DATE: January 12, 2007 RE: D%SCUSS%ON -- UNDER/OVER-VOTIlVG POLICY Because the programming of voting machines and production of City of Kenai, Borough, and cities of Seward and Soldotna, I requested Sherry Biggs, Kenai Peninsula Borough Clerk, to discuss the issue from her position. Hope this helps in your discussion. KENA~ SKA ;EI®l.41 PEIV11®IS~.JL~4 RI,J1-1 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 714-2t 60 FAX (907j 714-2388 EMAIL: assemblyclerk@borough.kenai.ak.us b'4. SHERRY BIGGS, CMC BOROUGH CLERK January 5, 2007 Carol Freas, City Clerk City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Dear Carol: 4. '' ~~ Y$ ~ ~ ~_ r _. ~ , 1 ~'I Z ---_. A , v ..a --•..,.-v.A. Thank you for allowing me to provide information for your upcoming discussion on "Under Voted" ballots. The term "Under Voted" comes into play with a race where the voter is allowed to select more than the standard one candidate and does not complete a ballot with the total. number of candidates allowed. As you know in 2006, the City of Kenai had a race where the voters were to vote for two candidates and a race where voters were to select only one candidate. Voters in the Kenai No. 1, Kenai.No. 2, and Kenai No. 3 voting precincts received a Borough ballot with six races and a City ballot with two races. For these eight races, only one council race offered voters the opportunity to "Vote for No More than Two" candidates. The question arises, did the voters truly understand they were to fully vote that particular race and select more than one candidate, no longer following the pattern for the seven other races or did voters make a conscious decision and choose to vote for only one candidate? The basic school of thought in elections is to provide every allowable opportunity for the voters. What should be done for a voter who selects only one candidate and then hears he could have. voted formore? In addition to programing and producing the Borough ballots, I also do the same for the cities of Kenai, Seward and Soldotna. The City of Kenai and the City of Seward ballots are programmed to return an "Under Voted" ballot. The poll workers are to tell voters that a race was not fully voted holds down a button on the optical scan unit and overrides the warning. The ballot is counted as presented. The City of Soldotna has designated seats (A, B, C, etc.) and candidates declare which particular seat they choose to run for. The seats do not represent districts or geographical areas; all the council seats are considered "at-large" within the city limits. Voters in the City of Soldotna vote for only one candidate in each race. In all Borough races (mayor, assembly, school board, service areas, and propositions), voters are allowed to select only one candidate or answer. The issue of an "Under Voted" ballot does not occur for the Borough or the City of Soldotna Carol Freas, City Clerk January 5, 2007 Page 2 I am expecting a software upgrade to the election program in the next few months. I believe the new program will allow the choice to accept an "Under Voted" ballot as first presented, without any notification or opportunity for the voter to fully vote that race. If the council so chooses, I would ask for that request in writing and I will confirm this function with the software representatives when they are onsite. I have provided specific data on "Under Voted" information for the 2006 City of Kenai 3-year council race and several years' of "Under Voted" history as a comparison. Under-voting has been typical for this particular race and has followed this pattern for a number of years. PRECINCT BALLOTS # OF UNDER VOTES BY PERCENTAGE Kenai No. 1 541 203 37.52 Kenai No. 2 316 136 43.04 Kenai No. 3 343 114. 33.24 OVERALL AVERAGE FOR 2006: 37.93 OVERALL AVERAGE FOR2005: 47.44 OVERALL AVERAGE FOR 2004: 42.50 OVERALL AVERAGE FOR 2003: 29.95 To the best of my recollection, I did not receive. any comments or ooncems from the general public regarding the "Under Voted" issue with the City of Kenai. Please feel free to contact me if you have other questions or if additional information is needed: Sherry Bigg~C Borough Clerk COUNCIL ON AGING ANNUAL MEETING JANUARY 4, 2007 KENAI SENIOR CENTER 7:00 P.M. AGENDA T-1 ITEM I: CALL TO ORDER & ROLL CALL ITEM 2: ELECTION OF CHAIR AND VICE CHAIR ITEM 3: AGENDA APPROVAL ITEM 4: APPROVAL OF MEETING SUMMARY -- December 7, 2006 ITEM 5: PERSONS SCHEDULED TO BE srF.4izn ITEM 6: OLD BUSYNESS ITEM 7: NEW BUSINESS a. Discussion -- Suggested Amendments to Council on Aging By-Laws ITEM 8: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 9: QUESTIONS & COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Council Action Agendas of December 6 and 20, 2006. YTEM 12: ADJOURNMENT COUNCIL ON AGING ANNUAL MEETING JANUARY 4, 2007 KENAI SENIOR CENTER 7:00 P.M. MEETING 5UMMARY ITEM I: CALL TO ORDER & ROLL CALL Chair Osborn called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Members present: J. Hollier, R. Jurgensen, B. Osborn, L. Flowers, B. Friend, E. Jones, F. Wilson Members absent: None Other present: Council Member Molloy, Director R. Craig ITEM 2: ELECTION OF CHAIR AND VICE CHAIR MOTION: Member Flowers MOVED to nominate Bob Friend as Chair and Member Hollier SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member Hollier MOVED to nominate Bill Osborn as Vice Chair and Member Flowers SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: AGENDA APPROVAL MOTION: Member Osborn MOVED to approve the meeting summary as submitted and Member Jurgensen SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY -- December 7, 2006 MOTION: Member Hollier MOVED to approve the meeting summary as submitted and Member Jones SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD -- None ITEM 6: OLD BUSINESS -- None YTEM 7: NEW BU5INE55 7-a. Discussion -- Suggested Amendments to Council on Aging By-Laws. Suggested amendments were as follows: • Under Article III, change regular monthly meeting date from first Thursday of the month to the second Thursday of tine month. ® Under Article VIII, number 4, change from "Three (3) consecutive absences" to "Three (3) unexcused absences". • Under Article VIII, strike paragraph reading "After six (6) years active membership on the Council, the member may be appointed an honorary advisor to the Council without voting privileges." MOTION: Member Jones MOVED to change the by-laws as outlined above and Member Osborn SECONDED the motion. VOTE: Hollier Yes Flowers Yes Jones Yes ~ Jurgensen No j Osborn ~ Yes . .... --- Friend ~ Yes ~ Wilson Yes l I _. - --- MOTION PASSED UNANIMOUSLY. YTEM 8: REPORTS S-a. Council on Aging Chair -- No report. 8-b. Director -- The budget will be discussed at next month's meeting. 8-c. Council Liaison -- Council Member Molloy discussed issues related to the Kenai River and public hearings on the classification. ITEM 9: QUESTIONS & COMMENTS -- None. ITEM 10: PERSONS NOT SCHEDULED TO BE FIEARD -- None ITEM 11: l I-a. Council Action Agendas of December 6 and 20, 2006. ITEM 12: MOTYON: Member Osborn MOVED to adjourn and Member Jurgensen SECONDED the motion. There were no objections. SO ORDERED. COUNCIL ON AGING MEETING JANUARY 4, 2007 PAGE 2 There being no further business before the Commission, the meeting adjourned at approximately 8:22 p.m. Meeting summary prepared and submitted by Jenifer C. Lockwood, Deputy City Clerk COUNCIL ON AGING MEETING JANUARY 4, 2007 PAGE 3 T-4 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JANUARY 9, 2007 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: ELECTION OF CHAIR AND VICE-CHAIR ITEM 3: AGENDA APPROVAL ITEM 4: APPROVAL OF MEETING SUMMARY -- November 7, 2006 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS a. Discussion -- Proposed Library Expansion ITEM 7: NEW BUSYNESS a. Discussion -- FY08 Library Budget ITEM 8: REPORTS a. Director b. Friends of the Library c. City Council Liaison ITEM 9: COMMISSYON COMMENTS/QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of December 6 and 20, 2006. ITEM 12: ADJOURNMENT KENAI LYBRARY COMMISSION KENAI COUNCIL CHAMBERS JANUARY 9, 2009 7:00 P.M. CHAIR BOB PETERS, PRESIDYNG MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Peters called the meeting to order at approximately 7:03 p.m. The roll was confirmed as follows: Commissioners present: K. Heus, E. DeForest, R. Gilman, E. Bryson, B. Peters, C. Cook Commissioners absent: C. Brenckle Others present: Council Member L. Swamer, Library Director M. Joiner ITEM 2: ELECTION OF CHAIRA~:D w~CE-CHAIR MOTION: Member Cook MOVED to nominate Bob Peters as Chair and Member Bryson SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member Heus MOVED to nominate Eileen Bryson as Vice Chair and Member Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: AGENDA APPROVAL MOTION: Commissioner Heus MOVED to approve the agenda as presented and Cormnissioner DeForest SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY -- November 7, 2006 It was noted Kathy Heus name was misspelled. MOTION: Commissioner Bryson MOVED to approve the meeting summary of November 7, 2006 as corrected and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. YTEM 5: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 6: OLD BUS%NESS 6-a. Discussion -- Proposed Library Expansion The proposed library expansion was discussed and items noted included: • City Manager intended to put forth a resolution to Council pursuing options 1 and lA. • Outcome of work session. • Clarification of timeline. • Sample questions from scientific poll were read. • Request made requesting Council to commit $999,999.99 toward the project. ITEM 7: 7-a. Discussion -- FY08 Library Budget Director Joiner presented the draft FY08 budget. She reported requests to increase the salary of the Assistant Librarian and a 20-hour per week position had been submitted. MOTEON: Commissioner Heus MOVED the Library Commission endorse the FY08 proposed budget and strongly recommend the Council grant the increase in the book budget. Commissioner DeForest SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: REPORTS 8-a. Director -- Will speak with Clerk about rescheduling next Commssion meeting to February 13, 2007. 8-b. Friends of the Library -- Mr. Peters noted that representatives from the Friends have been speaking at City Council in support of the library. 8-c. City Council Liaison -- Council Member Swarner noted City Council minutes and agenda. ITEM 9: COMMISSION COMMENTS/QUESTIONS Deforest and Bryson -- Wished everyone Happy New Year. Heus -- Appreciated comments and hopes goals materialize. Peters -- Congratulations to Bryson on her election as vice-chair. Brenckle -- Optimistic about steps taken that might lead to funding a new building; keep up the pressure. Cook -- Recommended going online and trying the audio books. LIBRARY COMMISSION MEETING JANUARY 9, 2007 PAGE 2 ITEM 10: PERSONS NOT SCHEDULED TO BE HF.wRn -- None YTEM 11: YNFORMATION 1I-a. Kenai City Council Action Agendas of December 6 and 2Q 2006. ITEM 12: ADJOURNMENT MOTION: Commissioner Heus MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Cormnission, the meeting adjourned at approximately 8:48 p.m. Meeting summary prepared and submitted by: Jenifer C. Lockwood, Deputy City Clerk LIBRARY COMMISSION MEETING JANUARY 9, 2007 PAGE 3 HARBOR/PARKS & RECREATION COMMISSION WORK SESSION KENAI HARBOR COMMISSION MEETING JANUARY 8, 2007 CITY COUNCIL CHAMBERS ?:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- a. October 9, 2006 b. December 11, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSYNESS ITEM 6: NEW BUSINESS a. Discussion -- Combining Harbor with Parks & Recreation Commission b. Discussion -- Kenai River • Impaired Waterbody Designation • Water Quality Monitoring Studies/Potential Fecal Coliform Pollution ITEM 7: REPORTS a. Public Works Manager b. Dock Foreman c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of December 6 and 20, 2006. b. Denali Commission Grant Application -- Kenai Boating Facility Paving/Waterfront Development YTEM 11: KENAI HARBOR COMMISSION MEETING JANUARY 8, 2007 CITY COUNCIL CIiAMBER5 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:45 p.m. Roll was confirmed as follows: Commissioners. present: T. Thompson and R. Canady Conunissioners absent: B. Osborn, G. Foster, and S. Romain A quorum was not confirmed. YTEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- a. October 9, 2006 b. December 11, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD YTEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- Combining Harbor with Parks & Recreation Commission b. Discussion -- Kenai River • Impaired Waterbody Designation • Water Quality Monitoring Studies/Potential Fecal Coliform Pollution YTEM 7: REPORTS a. Public Works Manager b. Dock Foreman c. City Council Liaison ITEM S: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: dNFORMATION a. Kenai City Council Action Agendas of December 6 and 20, 2006. b. Denali Coimnission Grant Application -- Kenai Boating Facility Paving/Waterfront Development ITEM 11: ADJOURNMENT Due to a lack of quorum, the meeting was closed at approximately 7:46 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk To: Mayor Porter Rick Koch, City Manager F3ob Frates, Director, Parks & Recreation Department Carol L. Freas, City Clerk ,,~ r f From: Dale Sandahl, Chair, Parks & Recreation Commission ~,~~ Tom Thompson, Chair, Harbor Commission Date: January 8, 2007 A combined commission. work session was held on Monday, .lanuary 8 between the Harbor Commission and the Parks & Recreation Commission. Purpose of the meeting was as outlined in the January 2, 2007 memo. The following were recommendations from the members present: 1. The disparities between the two commissions responsibilities are significant and. as a result the commissions should not be combined. 2. Consideration should be given to adding Beautification to Parks and Recreation. 3. Meetings for both commissions should be scheduled quarterly. Should special meetings be required they may be scheduled. Consideration should be given to a joint meeting or work session between the two commissions at the spring or summer quarterly meetings to discuss pertinent overlapping issues regarding summer activities on the lower river. T'he intent of the recommendations especially number 3 above is to: 1. F,nergize both groups with. meaningful. material. 2. Provide for meaningful full agendas. 3. Attract more qualified potential commissioners as a result of quarterly meetings and meaningfiil agendas. 4. Commissioners present have interest in serving on their respective commissions but may not have an interest or knowledge to deal with the commission on the other side of the aisle. We hope the results of this work session will help you in your deliberations. Incidentally, it appeared and was stated that all commissioners came to the meeting with open minds, which was important as they realize changes are needed. I- b CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 10, 2007 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Election of Chair & Vice Chair c. Agenda Approval d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *December 13, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ07-O1 -Rezone - A application to rezone Tract C, Gusty Subdivision No. 2 & Tract B, Shadura Subdivision from General Commercial to Central Commercial. Application submitted by James & Phyllis Bookey III, P.O. Box 326, Kenai, Alaska. b. PZ07-02 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, supporting amendment of KMC 14.25 to include four or more dwellings in the landscaping/site plan requirements of the Kenai Municipal Code. c. PZ07-03 - A resolution of the Planning and Zoning Commission of the City of Kenai; Alaska, recommending to the Council that KMC 14.20.250, Off-street Parking and Loading Requirements, be amended. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED:. 11. INrORMATION YTEMS: a. 2006 Resolutions Report b. Zoning Bulletin (12/10106 & Special Issue & 12/24/06) c. Commissioner Wells & Bryson Reappointment Letters 1.2. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Work Session Immediately Following Regular Meeting "Proposed Central Mixed Use Rezone" CITY OF KENAY PLANNING & ZONING COMMISSION JANUARY 10, 200? - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS VICE-CHAIR ROY vVELLS, PRESYDING MINUTES YTEM 1: CALL TO ORDER Vice-Chairman Phil Bryson called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows Commissioners present: S. Romain, P. Bryson, T. Lewis, R. Wells, R. Fullinck, J. Jenckes Commissioners absent: J. Twait Others present: Council Member R. Ross, City Planner M. Kebschull, Contract Secretary B. Roper A quorum was present. 1-b. Election of Chair & Vice Chair Vice-Chair Bryson stated he would respectfully decline a nomination to either Chair or Vice Chair as he currently was serving as Chair of the Kenai Peninsula borough Planning Conirnission and would not be able to discuss issues freely if serving on both. MOTION: Commissioner Jenckes MOVED to nominate Commissioner Twait as Chair of the Planning and Zoning Commmission and Commissioner Fullinck SECONDED the motion. MOTION: Cormnissioner Romain MOVED to nominate Commissioner Wells as Chair of the Planning and Zoning Commission. A paper ballot vote was taken with Commissioner Twait receiving four (4) votes and Commissioner Wells receiving two (2) votes. Commissioner Twait was elected as Chair. MOTION: Cornissioner Jenckes MOVED to nominate Cormnissioner Wells as Vice Chair of the Planning and Zoning Commission and Commissioner Romain SECONDED the motion. MOTION: Commissioner Wells MOVED to nominate Commissioner Romain as Vice Chair of the Planning and Zoning Commission and Commissioner Fullinck SECONDED the motion. A paper ballot vote was taken with Commissioner Wells obtaining four (4) votes and Commissioner Romain obtaining two (2) votes. Commissioner Wells was elected as Vice-Chair. Commissioner Bryson turned the gavel over to newly elected Vice Chair Wells. 1-c. Agenda Approval MOTYON: Commissioner Bryson MOVED to approve the agenda adding the 2006 Building Permit Report. Cormm~issioner Lewis SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Cormnissioner Fullinck MOVED to approve the consent agenda as presented and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- December 13, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None YTEM 4: CONSYDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ07-®I -- Rezone - An application to rezone Tract C, Gusty Subdivision No. 2 & Tract B, Shadura Subdivision from General Commercial to Central Commercial. Application submitted by James & Phyllis Bookey PLANNING & ZONING COMMISSION MEETING JANUARY 10, 2007 PAGE 2 III, P.O. Box 326, Kenai, Alaska. City Planner Kebschull provided a report noting the following: • It is a rezone of two parcels from General Commercial to Central Commercial. reviewed. situation. The rezone is the result of a preliminary plat the Commission previously A rezone was recommended as the plat would create a split zone Staff recommended approval. Vice-Chair Wells opened the public hearing. Jim Sookey, Kenai, Alaska -- Mr. Bookey indicated he was present to basically answer any questions from the Commission. When asked to indicate his intentions as to the work in the historic site, Bookey declined as it had no bearing on the rezone application. There were no further public comments and the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ07-O1 and Commissioner Romain SECONDED the motion. Commissioner Bryson noted the tract was combined into one parcel and as a result, created a split zone situation. The rezone effectively would eliminate the issue and he would support the proposal. VOTE: Romain Yes B son Yes Lewis Yes Weiss Yes Fullinck Yes Twait Absent Jenckes Yes MOTION PASSED UNANIMOUSLY. City Planner Kebschull noted, because all three public hearing issues before the Commission would be recommendations to the City Council, the issues could not be appealed. 5-b. PZ07-02 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, supporting amendment of KMC 14.25 to include four or more dwellings in the landscaping/site plan. requirements of the Kenai Municipal Code. Kebschull reviewed the staff report included in the packet, noting: PLANNING & ZONING COMMISSION MEETING JANUARY 10, 2007 PAGE 3 • There had been a concern the landscaping and development requirements in residential zones did not deal any differently with multi-family dwellings than they did with single-family dwellings. • The Council requested the Commission to review the issue to see if perhaps some additional stipulations should be required for those types of development. • If a structure would exceed athree-family dwelling, the use changes and requires additional fire and building codes and would be considered a different type of use. • Staff believed the use would have more of an effect on land in residential areas and it would be appropriate for the Commission to recommend to Council they consider amending the landscaping code to require landscaping/site plan development as it is done with any other commercial development. The floor was opened to public hearing. There were no comments and the hearing was closed. MOT%ON: Commssioner Bryson LvavdED for approval of PZ07-02 and Commissioner Lewis SECONDED the motion. MOTION TO AMEND: Cornrnissioner Bryson MOVED to amend by substituting PZ07-03 with the revised resolution passed out at the meeting and Commissioner Romain SECONDED the motion. Commissioner Bryson noted the substitute included an additional paragraph that read, "WHEREAS, because the impact of concentrated uses due to the increased lot utilization; and..." He added, he believed the addition would provide justification for the action. VOTE ON THE AMENDMENT: Romain Yes B son Yes Lewis Yes Wells Yes Fullinck Yes Twait Absent Jenckes Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: Romain Yes B son Yes Lewis Yes Wells Yes Fullinck Yes Twait Absent Jenckes Yes PLANNING & ZONING COMMISSION MEETING JANUARY 10, 2007 PAGE 4 MOTION PASSED UNANIMOUSLY. 5-c. PZ07-03 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.250, Off-street Parking and Loading Requirements, be amended. The floor was opened to public hearing. There were none offered and the hearing was closed. Kebschull reviewed the staff report included in the packet, noting: • The current parking code did not contain all uses and those included were very difficult to use. • When a change of use in a commercial building is made, it can completely change the parking requirements within the existing guidelines. • The Building Official determines whether a site plan meets the parking requirements and after reviewing other municipality codes, etc., a revised chapter was developed to administer parking. • The code may not change the number of spaces required but the format would make it easier for staff and applicants to understand. • If approved by Council, the amended code would apply to new building construction and change of use. MOTION: Commissioner Bryson MOVED to recommend approval of PZ07-03 and Commissioner Lewis SECONDED the motion. VOTE: Romain Yes B son Yes Lewis Yes Wells Yes Fullinck Yes Twait Absent Jenckes Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS -- None ITEM ?: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9: 9-a. Quarterly Code Violation Report PLANNING & ZONING COMMISSION MEETING JANUARY 10, 2007 PAGE 5 ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the meeting agenda and action taken at the January 3, 2007 City Council meeting. 10-b. Borough Planning -- Commissioner Bryson provided a report based on action taken at the Borough's January $ 2007 Planning meeting. 10-c. Administration -- City Planner Kebschull noted the following: • The 2006 Planning & Zoning Resolutions and 2006 Building Pernut Reports were included in the packet. The 2005 comparison information will be available at the next meeting. Lowes' building permit application had been received and the review process would begin. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. 2006 Rcsolu'iions Report 12-b. Zoning Bulletin (12/10/06 & Special Issue & 12/24/06) 12-c. Commissioner Wells & Bryson Reappointment Letters ITEM 12 : COMMISSEON COMMENTS & QUESTIONS -- None ITEM 13: ADJOURNMENT MOT%ON: Commissioner Bryson MOVED for adjournment and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 7:40 p.m. Work session immediately followed the regular meeting. Minutes recorded and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING JANUARY 10, 2007 PAGE 6 K-~ Memo To: Kenai City Council Members From: Jason Steen, VISTA Date: 1/11/2007 Re: February Visit from Russian CityLink Partners Russian CityLink Exchange Program Visit February 12-16, 2007 is the next scheduled dates for representatives from: Russia tb,arrive in Kenai. Lyudmila Dudkovskaya (SME Dept. Head) and Gregory Lapshin (Union of Entrepreneurs.rep.) will be the Russian representatives for this visit. There will not be an ICMA representative on this trip. Our two guests will be accompanied by a local interpreter, Gregory, who filled this role during the last Russian visit. Dee Gaddis and I will also be accompanying our visitors during their visit. The focus of this visit is to meet with local businesses to assess and understand the requirements of maintaining a fully sell-sustaining business. Local businesses, representing a wide variety of industries, have agreed to host visits from our Russian visitors to show their processes and to share their insights on the core requirements of being self-sustaining. Our visitors have a sufficient per-diem budget to cover their daily meals/expenses during their trip. However, the EDD and the Chamber of Commerce have made arrangements to host them for a meal during their visit. This opportunity is also available for other businesses or individuals who would like to share some hospitality and generosity with our guests. Please contact me or Dee Gaddis if you would like to host our guests for an event or meal during their stay. Jason Steen, Vista Dee Gaddis, EDD 283-8240 283-3335 x 223 vista(a)ci.kenai.ak.us dgaddis@kpedd.orq /~ "~'lla~e wif.~t a Aast, Gi~r witk a,~ra~ure"~ ,/ 210 Fidalga Avenue, Kenai, Alaska 996 1 1-7794 ~~ Telephone: 907-283-3692 /FAX: 907-283-3693 ~..~~'a the uty d f ItENA~ SKA MEMORANDUM To: Rick Koch, City Manager From: Robert J. Frates, Parks & Recreation Dir Date: January l 1, 2007 RE: Mid-month Report A total of 55.75 hours were reserved at the rink throughout December. Few problems were reported for December and vandalism was minimal with exception of some graffiti in the warming shacks. Groundskeeper Andy Bralley's one-year anniversary was January 9a' and continues to grow in his position. Mr. Bralley filled in for a couple weeks while director was on vacation and did a greatjob. Recent winds reeked havoc on a couple winter banners and kept Andy busy straightening and repairing others. A winter burial was performed at the cemetery and thus plot located and snow removed for road access. Department was able to begin winter grooming efforts late December. Kenai Central High School has their Kenai Winter Classic January 13u and thus we have been busy preparing trails for this event and general skiing. Peninsula Winter Games may elect to hold some of their youth sled dog races at the course this year perhaps in conjunction with skijoring. Additionally, a hockey tournament is being planned by Peninsula Winter Game organizers as well and will include use of our rink. Department_wi11rnake-efforts to-remove-winter_~le decorations during_the-week-of Januar~l5`a, pending weather condations and other unforeseen circumstances. "~i~~r~e u~af.~ a Aast, t;~ y watt a ~i~~u~e„ 210 Fidalgo Avenue, Kenai, Alaska 9961I-7794 .,~~x ~ti_ Telephone: 907-283-3692 /FAX: 907-283-3693 - `. the city a f KfNA~ SKA MEMORANDUM To: Rick Koch, City Manager From: Robert J. Frates, Parks & Recreation Directo Date: January 10, 2007 RE: Kenai Kennet Club -Dog Park Rhonda ©glesby with the Kenai Kennel Club informed me today that the club no longer has the interest in pursuing a dog park I inquired about the reason and asked for any "deal breakers" that could be discussed. There were a few issues apparently raised by the board leading to this decision, primarily size of land and their lack of control over its use. I sensed that what the club is really searching for is a large piece of property in which they have entire control over and can expand as needed and when desired. I would reconunend, however, that our efforts continue as planned with respect to leveling and seeding this area. Efforts are being made currently to rid the property of the slash piles. I think we can realistically initiate this project by June 15a' beginning with scraping, leveling, and finally concluding with direct seeding perhaps a week out from our start date. Much of this will be weather dependant. I do not foresee any budgetary concerns. Their may be some final grade work that will need to be accomplished by use of a grader and thus will need to coordinate with Public Works. MEMORANDUM To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: January 10, 2006 Subject: January Monthly Report Total number of days rented in December 2006: Total December Meai Count 20'06 Served: Total Congregate Meals Served: 1,304 Total Home Meals Served: 1,663 Total Non-Seniors: 7 Total December Meal Count 2005 Served: Total Congregate Meals Served: 1,285 Total Home Meals Served: 1,568 Total Non-Senior Meals: 33 We had a total of 1, i 86 volunteer hours for the month of December. Our "Christmas Comes to Kenai" float the "Radio Flyer" took 2"a place. We had many volunteers that assisted the activity coordinator in designing, building and riding in the van that pulled the float. The Christmas tea with cookie exchange kicked off our holiday season. Volunteer Patsy Clifford shares all her china; sets it up and decorates for the event as well as serves Yea with her favorite teapots. There were 25 women present for the tea. Our new choir, the bell-ringers, and line-dancers shared their talents throughout the community singing, "ringing," and dancing at various agencies through the holiday season. Seniors attended various events during the holiday season.. They spent at evening in Homer at the Nutcracker, attended the Eagle dinner, had a no-host dinner and toured the Chrstmas lights throughout the Kenai area. The seniors were entertained during the holiday by various schools including, Cook Inlet - -Academy-and Alaska-Bible-College..-- __ _ __ ___ Seniors welcomed Kenai community children fora `Breakfast with Santa." A pancake breakfast was served and pictures were taken with Santa. We had about 40 children in attendance with parents and or grandparents. We had our annual Christmas and New Year's Eve parties as well as being open for our annual Christmas Day Potluck set-up and served by our faithful volunteers. 45 seniors attended this event. Kenai Police Department Memorandum To: Rick Koch, City Manager From: Chuck Kopp, Chief of Fpkce ~.- Date: 1/10/2007 Re: December 2006 Report Overview The Police Department responded to 557 calls for service, and the Communications Department answered 68 e9-1-1 calls. There were 23 motor vehicle crash investigations, 3 of which involved injuries. Officers made 255 traffic contacts resulting in 23 arrests, 80 traffic citations and 175 warnings. Training Sgt. Sandahl, Lt. Wannamaker and Chief Kopp attended the Law Enforcement Executive Development Seminar in Anchorage. Chief Kopp serves as President of the Alaska Police Standards Council, which convened during this seminar for asemi-annual meeting. Officers George and Langseth completed the D.A.R.E. program instruction at Mountain View Elementary School. Officer George mentored small groups of 9a` grade boys at Kenai Central High School, and taught Internet Safety classes to 6a' grade students at Kenai Middle School. Officers Ross, Langham and Hershberger attended a Handwriting Analysis `rylass hosted at the Kenai Police Department. --Officer-Turnage psovad- €d-clandestine--methamphetamime-labarato- ry-training-t-0-local-area ----- ------ law enforcement officers. Chief Kopp chaired the Palin Administration's Department of Public Safety Transition Team, with the final report delivered to the Governor on December 20. • Pagel ANIMAL CONTROL veeembee Zoo6 INTAKE DISPOSITION STRAY: 59 ADOPTED: 55 Dogs 43 Dogs 30 Cats 16 Cats 21 Other Animals 0 Other Animals: 4 RELEASED BY OWNER: 71 CLAIMED: 13 Dogs 41 Dogs 4 Cats 26 Cats 2 Other Animals 4 Other Animals 0 D.O.A.: 10 EUTI-IANIZED: 62 Dogs 10 Dogs 43 Cats 0 Cats 19 Other Animals 0 Other Animals 0 TOTAL ANIMALS 140 WILDLIFE RELEASE 0 BORO ANIMALS 78 Field Investigations 61 TOTAL DOGS 94 ~oluriteer hours 200 TOTAL CATS 42 Total phone calls 750 TOTAL OTHER ANIMALS 4 Airport Restaurant: Sherry and Teea McBride were awarded a five year restaurant concession for the airport restaurant. The new restaurant will be called the Kenai Cafe and their scheduled opening date is Friday, January 12. Customers may dine in or carry out Their telephone is 283-6172. Also, deliveries to local businesses will be available in the near future. 2007 Air Fair Committee: The next air fair meeting is scheduled for Wednesday, January 17 at the Kenai Airport Operations Building at 5:15pm. Anyone interested in assisting in the planning process is encouraged to attend. Municipal Airport Kenai Community Library Monthly Report January 2007 December Circulation Figures ~ Adult b'iction 1468 Internet Access 806 Adult Non-Fiction 1131 Music 181 Periodicals 42 Puzzles 3 Juvenile Fiction 334 Videos 757 Juvenile Non-Fiction 135 DVDs 1095 Easy Fiction 872 Audio books 177 Easy Non-Fiction 159 Miscellaneous 14 Interlibrary Loan 27 Computer Programs 30 Total Print 4,168 Total Non-Print 3,063 Total Circnla±ion 7,231 In±ernet Express Use 902 Total Catalog Searches 4,452 Library Patronage....... 6,227 Persons Circulation figures for December were 7% lower than those for December 2005. The calendar year figwes for 2006 were 2% higher than those in calendar year 2005. The number of people who waited for computers this month was 8. By the end of 2006 we had an even 13,000 registered borrowers, an increase of 13% over our total number in 2005. At the peak load time, 22 simultaneous users are accessing our catalog online. A total of 1,661 new cardholders were registered in 2006. Overdrive, our new downloadable audio book catalog is now `live.' The download site is accessible from the library webpage pr at http://listenalaska.lib.overdri,ve.com. The system does not work on MACS or the iPod. We will be loaning out MP3 players loaded with a checked out title to those borrowers who do not own one. We have purchased 5 players and are working out logistics before we begin this service. To date there have been 652 checkouts statewide of our 402 shared titles. The value of these titles Statewide is in excess of $17,000. For the month of December, with no publicity, 8 Kenai Library --- -card-holders_regi-stormed-and-used-this si-te. _.._._ -_-_- On January 2, I received an invitation from the State Library to a workshop on Building Libraries That Build Community. The workshop will run from February 5-7 in Anchorage and is fully funded by the state library. The purpose of this workshop is to bring together all of the directors of libraries in the state that are in some stage of a maj or building project to have a "meeting of the minds" in order to form a peer support network and to share "best practices" for each stage of a major building project. INTEROFFICE MMORAId®UM KENAI FIRE DEPARTMENT Date: 1/12/2007 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe off 12-14-2006 to 1-10-2007 Run total for the year 1296 runs Total last year at this time 1212 runs Last 30 days 115 runs Summary of activities for last month: The department ended the 2006 calendar year with a total run volume of 1296 calls. This is a 9% increase from 2005. Fires = 38 Explosions = 1 EMS/Rescue = 951 Hazardous Conditions = 54 Service Calls = 96 Good Intent = 80 False Calls = 72 Sever Weather = 1 Others =3 The department hired new Firefighter/EMT Peter Coots from the Homer Fire Department. Mr. Coots started the first week of January, 2007. YNFORMATION YTEMS KENAI CITY COUNCIL MEETING JANUARY 17, 2007 L 2 J 17/2007 Purchase Orders Between $2,500 and $15,000 for council review 2. 1 / 11 /07 Kenai River Special Management Area Advisory Board Meeting Agenda and minutes of 12/ 14/06 meeting. 3. 2007 Alaska Gaming Perrnit Applications -- • Kenai Senior Connection, Inc. • Alaska/Hawaii Moose Association 4. 1/8/07 Summary of 2006 Building Department Activity 5. Planning & Zoning Resolutions for the Year 2006. 6. 1 / 16/07 Kenai Peninsula Borough Assembly Meeting Agenda. Z ~ ° ~ o °o ~ ~ ~ ~ ~ ~ Q ~ (V r ~ CV W z !~ Cn (JJ (~ Q W W W W Z J J J J uJ d W d d ~ d d d d Z (~ Cn ~ (~ ~ h Z Z Z Z ~ O ¢ ¢ ¢ ~ O ~ O O O z O F- W ~ U ~ 11 Z a ~ O u- O ¢ w ~ _ ~ = w o m ~ ¢ cn m V Z O U w w ~ H O z ~ w U co w w w o dU ~ Q ~- J cn lfy ~ ~ ~ W 0 U w W ~ ~ OJ Q O ~ U W ~ o r w w ~ w o ~ ~ ¢ ~ ~ ~ ~ N ~ W W Z O Z Z ~ Q O CC U d ~ U z a w z W Q ~ ~ ~ W w w m u: o ~ ~ ~ ¢ ¢ W Z Z Z C `J ~ ' ~ m O = fn J CC U ~ ~ U } W O D ~ W CC ~ Z U W ~_ ~ O w 'w ~ Z O ¢ I„~ i K~~A' ^®' ®ER Special Management Area "Working together...for the river" r °`°"` r r ~ \r ,~° '° ~ ~1RJl -~. ,~ , Kenai River Special Management Area Advisory Board *** Meeting Agenda*** Thursday, January 11, 2007 5:30 p.m. Kenai River Center I. CALL TO ORDER A. Roil Call B. Minutes Approval C. Agenda Changes and Approval II. PUBLIC COMMENT ?II. OLD BUSINESS A. Guide Advisory Committee report -Mark Glassmaker B. Regulation Process update -Sinclair C. Boat wake study update Sinclair D. Emission and Water Quality Committee Update- Wellman E. Kenai River Center Update IV. NEW BUSINESS A. New Kenai River Ranger Selection- Sinclair B. Discussion on rules and guidelines for Resolutions, Action Items and other items for board vote- Wellman C. V. ACTYON ITEMS A. Approving the guidelines for evaluating hydrocarbon remediation proposals VI. PUBLIC COMMENT VII. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Feb. 8, 2007 ~: Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907-262-5581 Kenai Peninsula Borough, PO Box 850, Soldotna, AK 99669 907-262-4441 "s ~ ~ Kenai River Center 514 Funny River Road, Soldotna, AK 99669, 907-260-4882 i Alaska Division of Parks and Outdoor Recreation, Department aLNatural Resources, In cooperation with the Kenai Peninsula eo ugh -,. ~ I(FNAI~trFf Kenai River Special Management Area Advisory Board Thursday, December 14; 2006 5:30 p.m. Kenai River Center I. CALL TO ORDER: In the absence of Ken Lancaster, Ted Wellman will be acting President A. Roll Call Members present: Ted Wellman, Jack Sinclair, George Heim, Brenda Trefon, Robin West, Tom Vania, Keith Kornelis, Tim Stevens, Dick Hahn, Curt Shuey, Rick Wood, Dick Dykema, Joe Connors, Gary Knopp, John Eavis (sitting in for Jeni Evans) Members Absent: James Czarneski, Ken Lancaster B. Approval of November 14, 06 minutes The minutes were approved as written. C. Agenda Changes and Approval Move Item A. Bridge Update from Public Comment to Item A. Old Business. Discussion followed on the question of adding items to the agenda at the last minute. In question was Item C. Proposed Title 11 Regulation Change. Ted reviewed the bylaws and, even though he felt it was a sloppy procedure, there was no rule prohibiting it from being done. Ted strongly urged developing some rules to have a minimum time so that people can consider the agenda items. Item C under New Business was moved to Item B Old Business. II. PUBLIC COMMENT Ted stated that speakers would have three minutes to testify and that remarks should not be of the nature to offend anyone. Robert Ruffner: Executive Director, Kenai Watershed Forum. Robert passed out a bibliography on Literature on Hydrocarbons. He stated that all of the literature listed is available at the Kenai River Center and can be copied. The first page contains documents specific to the hydrocarbons in the Kenai River. The second page covers the effect of Hydrocarbons to aquatic life. Robert said that the Board should start to understand that there are different types. of hydrocarbons. Some of them are much more toxic than others. The third page is motor emissions. He said that when they banned carburetor two- strokes from Lake Tahoe, there were a large number of people who were affected by the ban. The last page covers what happens when you ban carburetor 2-strokes. They have done this to a number of lakes with success. Robert said that he thought this was the first time it was recommended for a river. Robert encouraged people to take a look at this information as they struggle with this issue. Ken Tarbox: Ken submitted comments in written form to the Board. He is in support of asking the Board to recommend postponement of the regulation for 180 days and wait for Phase 2 of the boat wake study. Alternatives should be looked at and findings prepared, and the public should have an opportunity for good comment. He feels that findings should be based on science and facts. George Parks: He agreed with what Ken Tarbox said. He spoke of a survey on the Internet on Lake Tahoe which stated that the ban made no significant difference in hydrocarbons. He felt that a lot of people were running 50hp engines now. The detuning is accomplished by adding a disk which eliminates the flow of air into the carburetor. Anyone who is a mechanic knows that the rest of the gas goes into the water. What are we really trying to do: eliminate hydrocarbons, boat wakes, and safety issues? I think we have some more science to look at. Jeff Webster: On the new fuel injected 50hp engines, the only way you can detune them is by adding an air restrictor plate. Everyone knows that you get worse gas mileage with a dirty air filter in your car. Mike Fenton, with the Kenai River Guide Association: Mike said that we would be doing a disservice to the public if we did not move forward with this. All of the issues have been discussed and the facts have been laid out. Dwight Kramer: Asked the board to look at the proposal submitted by Mr. Shuey. It is important that this process gets tabled so that we can do it right. It is obvious that it is being rushed through. We all know the disadvantage of 2-stroke Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 2 of 15 motors, but there are a ton of alternatives that we could have looked at that would not have been such a hardship on the private boat owners. We never looked at boat hull designs as it relates to the horsepower. He proposed the use of 2-stroke motors below the Soldotna bridge. Another solution would be to reduce guides to one trip a day. The solution would be to limit the number of people on boats to four. Flat bottomboats 18 feet and longer could carry five people. These are just examples of some of the alternatives. He asked that this issue be tabled for 90 days and come back with a better prospective. Monte Roberts: In response to some of the different alternatives, he stated that. one trip for guides a day would not work. It only puts twice as many guides on the river. Regarding the comment that it is unfair to the private boater, it is unfair to the river to not take action to clean this up now. Moving the 2 strokes further up the river will just leave the hydrocarbons in the river longer. The research has been done and you need to move forward. Bi11 Tappan: Asked for clarification on how long this discussion has been going on. He was told over two years. He then asked if anyone was an architect. He stated that a project is never finished in an architect's mind. There is always an improvement. This will never get moved forward if we don't move it forward. It has been studied to death. Steve McClure, Kenai River guide: In laymen's terms, out of 10 gallons. of gasoline in a 2-stroke carburetor motor, three gallons are going into the river; in a 35hp 4-stroke, its three cups; in a 50hp, roughly 3 '/2 cups. That answers your question. In no way do I want to hurt the local guy who has a 2-cycle. His comment sent to Chris Degernes was that maybe we should look at only July.. That's when the problem is happening. It's not affix-all, but it would solve that part of it. Mike Crawford: In the public, he has heard arguments about the guides screwing us with a 2-stroke issue now, or they want to have a bigger boat. He feels the majority of the objections in the public are based on misinformation. They don't understand the reason behind the regulation change. They think the guides have put forward this proposal to ban a 2-stroke engine. They don't even know that there's a pollution problem on the river. Robert Ruffner had some interesting comments about the 2- stroke engine vs the 4-stroke. We have all breathed the fumes on the 2-stroke engine. That's what is coming out of the water. Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 3 of 15 What is staying in the water? It's not a matter of whether the 50hp gets put into affect, whether we enact a 2-stroke ban ourselves or its gets done by the federal government two years from now. Let's step forward and get this done. The City of Kenai is talking about banning 2-strokes at their boat launch. If we don't get rid of the 2-strokes, we will have to reduce the number of boats on the river; whatever it takes to make the river right. Paul Shadura: He urged the board to take Mr. Shuey's proposal seriously. We have some definite flaws in the science that we're looking at. The boat wake study is critical and should be reviewed by the public. We have contradictory science. The Department of Fish & Game statement that they are for the 50hp for the boat wake concept, but when it comes to impairment to the river, they don't believe they can stand behind this proposal. It would be improper for us to move forward without the boat wake study. Once you pass a regulation, it is very difficult to make changes. He urged that the board take a precautionary approach and respect the public's wishes. Rich Mullowney, lodge owner: He can attest to the damage that wakes cause. It beats our bank up and our dock. This board has studied this for two years. This board represents a wide spectrum of the various users on the Kenai River. I think we need to move forward. Dave Goggia, Kenai: The fact that they don't make a 35hp engine anymore should be a clue. He is in support of moving forward. We should take the steps that we know are good for the river now. We have come along way in protecting the banks of the river. He felt the guides were taking the brunt of this from the public because we're passionate about the river. If we delay 180 days, we're going to have 2-strokes on the river again and we're going to exceed hydrocarbons again this year. Ricky Gease, Executive Director of the Kenai River Sportfishing Association: This regulation is going to affect me as a private boater on the river. He has a 2-stroke, and is going to have to buy a new motor. He will bite the bullet. Thinks this public process has gone well. A committee was set up to study this on a lot of different levels. A lot of different alternatives were discussed. Expert testimony was given. Three different agencies have provided input into the regulations that DNR is considering, DEC, F&G. He is impressed with the regulations Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 4 of 15 that DNR has come up with. At this stage in the game, if the board postpones action, it will jeopardize the credibility of the board. III. OLD BUSINESS A. Bridge Update -Jason Jason stated that work is continuing on the deck of the bridge. They will be installing the last of the overhang brackets tonight. The bridge will close at 9:30 pm to accomplish this work. There may be further delays to facilitate the pouring of the concrete due to the cold weather. The office will be moved to Funny River Rd next week. B. Proposed Title II Regulation Change-Curt Shuey Curt asked for a motion to bring this to the table. Seconded by Gary Knopp. A motion that the KRSMA board recommend to the Department of Natural Resources to postpone action on the currently proposed Title 11 regulation changes at this time, in light of recent developments and the following considerations: i. A DEC proposal to list the Kenai River as "impaired" has served to galvanize the community to come together to address the problem of hydrocarbon pollution from outboard engines. The KRSMA board has created a committee for this purpose and local governments and agencies have pledged to collaborate in the effort. 2. The long-awaited 2005 Phase 2 boat wake study is due to be released in the very near future. 3. The currently proposed regulation changes are unlikely fo address either the hydrocarbon pollution problem or boat wake erosion sufficiently without further steps. 4. If enacted, the proposed regulation changes will lead to very significant expenditures by many users of the River, who wilt be justifiably irate at the prospect of further restrictions on the use of newly purchased boats and motors. This public sentiment will greatly inhibit further consideration of horsepower, boat size, weight, and shape restrictions, and restrictions on time or area of use. These are the most effective tools we have. S. These same tools are also most useful in addressing the closely related issues of crowding, and safety, and Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 5 of 15 consideration should be given to all of these concerns in any final plan. 6. The community and the River itself require a comprehensive, stable, well thought out and well grounded approach to these concerns. The past work of the KRSMA board can serve as a basis for creating such a plan, with the benefit of up to date research and the collaboration of others. Curt stated that it was not his intent to attack the current regulation proposal. If the current proposed regulations go forward, it will handcuff any future effort to try to deal with the hydrocarbon issue or boat wake issue. It is Curt's opinion that people will purchase new outboards and boats to comply with the new regulations. In the future, it will not be feasible to then say that you are not going to be able to use these outboards or will be limited in their use. He stated that he was in favor with going forward but not with a measure that gets us half way there and then ties us down. Joe Connors spoke on the extensive public process to date. He is concerned about jeopardizing this process. He stated that without knowing what the decision is going to be, we would be presumptive to postpone this action. We are not going to get a comprehensive, all-inclusive solution because each year new issues. come to the table. We were promised Phase II of the Boat Wake Study a year ago. We have been told we have a pollution problem by DEC. We know its gas and that it is concentrated on the lower sections of the river for a short period of the year. We have an opportunity to do something now. Joe stated that the Board had unanimously passed this position a year and a half ago, Keith Kornelius stated that the Board had not approved this position unanimously. There were two members who abstained because there were some questions. There was an attempt to table the motion. He understands what Curt is saying. We're talking about increasing horsepower from 35 to 50. We're also talking about pollution in the river. If we all go to 35hp 4- stroke and 50hp motors, and there are more hydrocarbons going into the river, what is going to happen to all the people who buy 50hp motors and larger boats when we find that we still have a hydrocarbon problem. The City of Kenai is very concerned about the hydrocarbons in the river and has taken some action. The City has also asked the KRSMA Board to postpone the implementation until Phase 2 of the wake study Kenai River Special Management Area Advisory Board .Minutes -December 14, 2006 Page 6 of 15 was complete and reviewed. He referred to the letter provided in the Board's packet from Rick Koch, City Manager. Dick Dykema: Dick stated that if we postpone this action, nothing is going to be done. We owe this river to get something done now. Gary Knopp: He felt that a lot of the issues discussed were debatable. What is not debatable is that 2-stroke motors are a serious problem. As new information comes out you have to look at it and we should not be afraid to do something different. I think it would be worthwhile to slow down, take a look. Let's address the hydrocarbon issue by banning 2-strokes for July. If you increase motor size, ban 2-strokes and a year Later hydrocarbons are the same or more, then what are you going to do. Ted Wellman had Jack Sinclair read comments made in writing by Ken Lancaster. Ken will also be voting telephonically on this motion. Jack stated that Ken wanted to report that he believes the board has already voted on this process and it is already in motion. He believes that the motion, as it stands right now, is out of order. He believes the time to consider this kind of question would be if the Commissioner does or does not adopt the regulations after the 30 day process is completed. Dick Dykema: Dick quoted Mike Crawford's public comment, "Whatever it takes to make the river right:" He spoke on variable isolation. If you wait one year and get the 2-strokes off the river, you will then know, without doing another thing, whether the move to 50hp will work or not. If you can eliminate that one variable, then all of a sudden you compare apples to apples. AlI the motors on the river will be 2006 compliant, 4- stroke or injected 2-stroke. A critical variable will be eliminated that is causing a lot of confusion in this evaluation. Secondly, so we've been through a two year process; The guide crowding issue has been an issue on this board for as long as it has existed. Why is it there is never enough time to do the process right, but plenty of time to do it over and over. If you are really willing to support this fishery and this river water quality, the right thing to do is start phasing in drift fishing. You eliminate hydrocarbons, you eliminate wakes and erosion, and you eliminate a safety problem from higher powered motors. You Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 7 of 15 eliminate boat crowding because nobody is allowed to anchor in the river in a salmon hole. Ted gave his prospective. He sympathized with what Curt is saying. He read carefully all the comments that have come in. A couple things that seem important are that we have two years of public process. We have an official action by the board and then four days before the end of the public comment period, the sponsoring group decides to pull their sponsorship. How do you think we are ever going to get a regulation adopted again if we this. It's not that there is anything new in the way of information that hasn't been discussed before. We seem to be targeting in on the idea that if we don't have a final end solution, that somehow we shouldn't do anything. Ted went over his written proposals for reducing hydrocarbons, which was handed out to the board. He plans to push these options as part of the remediation plan. When we started this process in March of 2006, at that point, the hydrocarbon issue wasn't a big issue on the horizon. At that time, we were emminately waiting for the second boat wake study to show up and we're still waiting. I believe that, based on the scope of the study, Phase II is not going to contradict Phase 1, which said you have a benefit by putting a 50hp motor on the river. If we don't proceed forward with this and get what we can right now, and then continue to work on it, we will lose another year. Keith Kornelius: Keith said that he thought there had been some new information. One of the things that have happened is the considerable. amount of discussion on the impaired river status. If it happens, there is going to be changes to get the hydrocarbons level down. There should be some concern how we are going to meet those requirements. Ted added that when he voted for this he never felt it was the final step. We are going to have to do more to remediate the hydrocarbons than just eliminating the two-strokes. We are going to have to come up with a strategy to limit the number of boats that are down in that area at the same time. I don't see that as inconsistent with improving performance with the boats that we have. If we try to bite that off at the same time, we'll be sitting here a year from now. We will still have another year of hydrocarbon problems on the river and we will have made no progress at all. Robin stated that he is anon-voting agency member, but has been on the board for twelve years. We have had an extensive Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page S of 15 process. In 1998 or 1999, we started talking about hydrocarbons and they were an issue in the 80's, but we didn't know about it until the late 90's. We thought it would eventually go away since more people were buying 4-strokes. We worked for the buyback. We have had an extensive process, but the debate has evolved and people now understand that this change is going to cost them money. Agencies are going to have to make a decision on how to implement the regulations. Keith clarified a point to the board regarding the effective date. Some people thought that this would go into effect next year. According to the regulation proposal, the change to 4-cycle would actually start January 1, 2008, so there would be one more year. There was some testimony earlier that sounded like they thought next year they would have to change to 4-stroke motors. But, the way I read the regs, it would be 2008. Brenda said that we have the best scientists working on the boat wake study. We have to move forward to get the 2-stroke engines off the river, even if we have to compromise to removing them only in July. We have to address the hydrocarbons separately and know that, in the future, we will still be looking at boat wakes. This is just one step of many that we have to take. As a community, we should try to put pressure on our friends, family and neighbors to get the 2-strokes off the river in July. We do not want another year of increased hydrocarbon levels. If we can't do it with regulation, we should try to do it with social pressure. Ted called for a roll call vote on the motion. An affirmative vote would pass the motion; a negative vote would deny the motion. The Motion failed with a vote of seven no votes and four yes notes. C. Regulation Process update -Jack The comment period for the regulation proposal will be open until December 19. Chris Degernes has received over 300 written comments. To reiterate what Ted Wellman said; After the public comment period ends, the Department of Natural Resources will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 9 of 15 D. Guide Advisory Committee report -Joe This is a new board created under the authority of the KRSMA Board. The first meeting of the committee was held today and was well attended: The Guide Advisory Board will continue to meet monthly on the 2nd Thursday of the month at 12 o'clock at the Kenai River Center. The board is excited. E. Water Quality/Emissions Committee -Guidelines for Emissions Solutions and Strategies Discussion -Ted Ted stated that on his Memorandum dated December 5, Proposals for Reducing Hydrocarbons. He tried to list everything that we might want to consider on this committee. Not necessarily that I am recommended each and every one of these, but I wanted them out on the table. I would invite everyone on the board to be creative in thinking about different ways and things we might do to reduce hydrocarbons. Ideas included: • Directly reducing the number of boats in the king fishery. • Indirectly reducing the number of boats by eliminating the way the king fishery is administered. • Change Fshing methods • Cut down on motor run times and other operational issues • More drift fishing • Limit the number of guides through limited entry program. • Limit boat use not related to the king fishery Ted would like to have an extra meeting each month to address this issue, commencing after Christmas. Suggestions should be in writing. Rick felt that some of the items might have to go to the Board of Fish. Ted said that his intention was to not limit the Board to making recommendations to just DEC, DNR F&G or the Borough. We are able to make recommendations to whomever we want. Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 10 of 15 Joe reminded the Board that the Board of Fish process is coming up and, at the same time, there is a serious movement within the State to go to a limited entry fresh water guide program. So, they might be solving some of the very issues that we are concerned about. The burden is shared by all user groups. Regarding the discussion handout on Guidelines for Emissions Solutions and Strategies, Ted read that the KRSMA Board should not entertain proposals which constitute legal/political challenges to the sufficiency of sampling, jurisdiction, water standards or other attempts to avoid or redefine the problem. Ted said that he did not want to entertain proposals such as `let's change the 10 ppb sta.ndard'. He stated that proposals should be in writing and that public comment should be readily accepted. The board should stay focused on the problem of hydrocarbons as opposed to other related issues. We will be talking about other related issues because they interconnect. But, the idea is to avoid the problem of trying to solve all the problems at once. Curt explained the last bullet on the handout. He stated that the bylaws state that a board member carries the responsibility to represent the broad public interest and no member shall consider he/she merely an advocate of a specific group. He said that he had heard comments of people coming to the meeting and stating that they have been instructed to vote this way before it has even come up for discussion. Ted asked the Board their preference of thinking about these guidelines until the next meeting. It will be put on the agenda as an action item. Discussion followed on the fine line of discussing issues which are allocation issues and handled by the Board of Fish. Also, it was recommended by Rick Woods to have a deadline for the proposals. It was requested that this be placed on the agenda for the next meeting. Talk about rules for submitting proposals for action items. Joe recommended that the notice to the public contain information on what the action items will be for the next meeting. Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 11 of 15 F. Committee Assignments update -Ken Ted asked that this item be postponed until Ken Lancaster returns. Keith advised that he is retiring and Rich Koch (pronounced "Cook"), City Manager of Kenai, will be replacing him as the City of Kenai representative. He had talked to Rich about committee assignments and he would like to be on the hydro-carbon and water quality committees. Ted suggested that we wait until Ken returns. G. Kenai River Center update -Pam Pam reviewed the Kenai RiverCauide trt:nds and numbers and additional statistics for 2006. Both documents were in the board packet. She stated that the biggest eye opener was the increase of 30 newly opened guide businesses. H. Guide Academy Report -Joe Joe advised the board that they had just finished the 3rd guide academy. Fourteen students were in attendance. The academy is improving as it evolves. There are three more scheduled for 2007. Pam stated that guides with two years or less of service have until April 2008 to complete the academy. EV. NEW BUSINESS A. Kenai Park Ranger Selection -Jacques Jacques reported that they are in the process of hiring two new park rangers. An offer has been made to one candidate, Alison Eskelin, and she has accepted. Alison has a bachelor's degree in biology and she has worked for ADF&G on the Kenai River and the Kasilof River for the past four-five years. She is a skilled boat operator. The process is still pending on the hiring of the second candidate. He hoped to have them on board by January when they will both attend the academy. B. KRSMA Comprehensive Management Plan revision -Jack Jack stated that the DNR transition team for the Governor brought their report to the new Governor. In that report, was a proposal to start revisions of the Comprehensive Management Plan for the Kenai River. This is a reminder to the new administration that this is something that we need to go after. Ted asked Jack if the Board needed to take any action to start the revision process. Jack stated that Ed made sure that this Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 12 of 15 was included in his briefing. When the new Commissioner gets settled in, we need to invite Marti to address the board and then the Board can forward their comments to them. V. PUBLIC COMMENT Roland Maw spoke on the SOrh Anniversary of the Compact Act legislation that gave the State certain rights and privileges concerning the management of resources within the boundaries of the State. Since then, we have had a number of other federal statutes come down the line that takes precedent over that act. The Clean Water Act is one of them. One of the things that we are seeing across the state is that day by day, we are losing our rights granted under the Compact Act.. Roland asked the Board to question if the action that the Commissioner may or may not take with this regulation is telling the federal administrator that, "I don't have to do something". If it does, all she has to do is put in the federal register that in 60 or 90 days she is going to intervene and take jurisdiction. It will be a mute point. Paul Shadura: He discussed the situation with mixing zones. We have a new administration. Also, the discussion of moving the Habitat Division back to ADF&G is very real and hot on the table. He suggested that the Board become proactive in recommending that Habitat Division move back into ADF&G. The review period for the mixing zones is coming up again in 2007. He urged the board to get in their comments before the end of the month. Joe Connors made a MOTION that we send a letter in support of bringing back the Habitat Division to ADF&G and in support of our previous position on the mixing zones. Seconded by Dick Hahn. Discussion followed on the Board's history of supporting these positions. Ted stated that these are letters that the Board has already sent and it would be just a matter of reissuing the letters. Curt would like to see the letters. Ted asked Jack to provide copies of the letters to the new board members and everyone else who wants to add additional comments to incorporate into the letters. The letters were essentially against allowing mixing zones and they were in favor of maintaining the Habitat section within ADF8sG rather than the transfer to DNR. The Board opposed that. Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 13 of 15 Robin suggested sending a cover letter recognizing that these issues are being discussed and to re-enforce the Board's position. MOTION passed unanimously. VI. ADJOURNMENT A. Board Comments Keith Kornelis: Keith discussed the City of Kenai Ordinance No. 2202-2006. The Ordinance was introduced on December 6 at the City Council Meeting and was open to the public for comment. Basically, effective on May 1, 2007, the City of Kenai code is going to be changed to say that the Kenai Municipal Boat Launch is limited to vessels and boats powered by four- cycle or direct injection two-cycle engines. On December 20, this will be before the council. They are asking for comment from the KRSMA Board. It could be a real problem in the July dip netting period. Rick Wood brought up the issue of the City of Kenai ordinance not allowing two-cycle engines effective May 1, 2007, when the proposed Title 11 regulation change to ban two-cycle engines would not be in effect until January 1, 2008. Will this make all the people without 2006 compliant motors run up to Eagle Rock launch and the Pillars launch loaded with fish because they cannot use the city dock? Tom Vania: Tom updated the Board on the Department's move to establish a framework for limited entry program for both the sportfish and salt water guide industry. A task force was formed made up of four salt water representatives and four fresh water representatives. They talked about such things as: criteria for establishment; industry economics; resource conservation; who would be granted a limited entry permit; area endorsement; unit endorsements; initial issuance; duration of issuance; sale; transfers; ownership caps; use provision; who would oversee it, would it be Fish & Game, CFDC or a new entity such as sportfish Entry Commission They discussed fees; percent value of permit; criteria that should be used to determine if a fishery would be Iimited; criteria to determine optimum number of permits and client days in a fishery; how shares would be distributed; need to obtain a super exclusive registration authority. All of those things were discussed in the initial meeting. They are looking at putting together a communication plan. He told the Board to keep an eye on the ADF&G web page. There will be a new link on the sportfish Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 14 of 15 page. They are looking at establishing a blog because they would want to obtain comment. They understand it has to have the full industry's support and participation. They will be putting together a Q8sA to send out to guides. There is a timeline of the end January 2007 to have draft legislation. The task force will have another meeting to discuss the draft legislation at the end of January. Robin West: Thanked Keith for his time on the Board and wished him well in his retirement. Curt Shuey: Thanked everyone for the lively discussion on the motion. B. Date/Agenda of Next Meeting Next meeting will be January 11, 2007 Kenai River Special Management Area Advisory Board Minutes -December 14, 2006 Page 15 of 15 ~OG7 Alaska Gaming Apply er,~ine at wwwtaxstate.ok.us/gaming organization Information Pel mit Application GAMES OFCHANteANDCON~ ~ .- 2. N !f renewing, enter gaming permit k i Phone number Fax number c ~0%3/2~ 1873 ~7~ 2.~3-x//5'1 ~JO`. - 253--3.~on 3rgaaizationname We6sireaotlress Q-t- 'P LvY'' ~' r'7 r7 e t'Zk'1~d n . L-h L. IMa'rling address City State Zlp+4 I Entity type icheck one) , .. _..... Organization type (check one) for definitions, see AS 05.15.690 and AAC 160.995 _.... .. . ... j ~ ~LOrD01a[in0 ,~,Cpantable . . ........ ^frternal...... ^Pohce or fire dePa~tmen ^Panne¢hip ^Civk or service ^tabor CJ Poilti(al ^ Association ^ Gog musherf assosiarlon ^ Municipality ^Rellgious E ^Educatio^al Nonprofit Carle association OVeterant ^ Fishing derby assoaation u Dulboartl motor association ^ IRA1Narivz vrilage ,Yes ONo Does themganisationhave25ormorememberswhoareAlaskaresidentsasdefinedlnyourarric!esofincorporatlonor6ylaws?' Members in Charge of Games Members'~n :narge must be natural person<_ and aaive members of the organiMation, or employees of the municipality, and designated by ,he crganizat'roe. M,emfiers in charge may not be fcensed as an operator, be a registered vendoror an employee of a vendor for this arganlza;ion. If more than one alternate, attach a separate sheet. j Primary m~mhrr fi«~namv M ,Primary member last name ~ Alremate menfnerfirst name iMl Alternate member iasrname number rephone number Moble number mailing ztltlress _ Cry (stare ~ tip+a _ ~e.t~i.ac ~ AK ~ ~'y~ r/ Has :he primary member passed the msd Yes ^No PermitMUntler which test was taken rla.~ ~ ~ ~cnOY G. Emtll i Dytlme phone cumber Mobile Hamner ' ~7~~ Home mailing atltlres Ciry Stale ,tip+4 Kena.~ AK ! ` ~(/ Has the allernare member passed the testl Oyes ^No Permitpundei which lest was taken I /~i % 3 Legal Questions these Gues;ions must he answered. If you answer Yes ro either question, see instructions- OYes ~po Has any member of management or any person who is responsiblefor gaming activi[ies eve: been convtaetl ofafelony, exmrtio or ordnance of this Hare, or anomer jurls0l¢ioa, that is a crime Involving Iheh or tllshonesry, or a vlo!ation ofgambling laws? Oves~No Does any member of managamentor any person whc is responsble foi gaming aamraes havea prohibited:on0la ot'mterest as defined by is AAf i60.9S4? We declare underperairy c(unswom falsi6mtion, that we bane examined this application, including any attachments, and thaC ro the best ofourkno~dedge and bellet, d is Hue and comalere. We undeismnd rhatany /al,e statement made on the application or any attacrments is punishable by law, Prrr y c rv;remate member siynamre ~ Prlnl~ name ~ Jate 1 ~w>.t3~a- _~ ~ ~-t%~--'~ b ! rG~ 1 ~ r a L~ ~c~ ~a r N_ ~ l a ~ .) 9- ati !o Pies~r rvt ~. ci.e office sigra~ ire ae: i tmaions) Prnteo tram / Date Permit Fee Deparlr„ent use only ?he permit'ee is based on 2006 estimated 'Two copies of the application must be sent to all applicable varitlahon. gross receipts-Check the appropriate box. municipalities and boroughs. See instructions for mandatory at(achrnents .Date stamp C7 PJewaapl(cant S10 Pay onlinewilnfOPSatwww,mxstate.ak.usorrnake(neckpayaol2toStateot '~y SO S2Q000 S20 ', Alaska. New applicants must pay by check. ~ 520,001- 5100,000 SSO Mail m Alaska Department ofRevenue -Tax Division S100,D01ormDre S1D0 nogoz1104Z0•uneau,AK99811-PGZG Phone (901)465-2320•fax~907)465-309& www mxsta[e akus/gaming 826 Retsina copy for your records sort ~ a,o l Fw l n Za7. pane i or~a/niea_;ienname { // GamingpermitN 2007 ALASKA GAMING PERMIT.APPLICATION 826 J~-~'~C(~(,_18~4'P (.C>Y' ~r"1l~eL't~b~'7f~ ~~7~ GAMES OF CHANCE AND CONIES?S Of SKILL i'aCllity-~d5ed ~dCrleS (Self-dlreCted) IfmorethantwofaCilities,attaehaseparatesheet - "ra<1llrynane Physi<aladdress "iry itt:e tZip+a ~.Pntu, ~~rn?.s~t' C'_e.n~-r 3Cr ,ter ~'~ ~ nri AK ~39G. i__ ~ Far~iliry;ype lche<k one) Game;gpe irne kale Char apply) OOvmed ,eased ^Donated ^Bingo Ratite ^PUh-cabs ^Animal classic lrhirken)' ^Animal (lasslc (rat rarel" ^SpecalLrwraPoe" GCalrona pool_~ Farihry name Physiraladdress ~ City State Zip+a AK ,faGEryypeRheckone) Gamerype(che~ka~lrhatapply) ' ~Ganed t]Leased ^Dona!ed ^Bingo CBa~e OPuFl-cabs ^Animatriassrr(rhirken)' ^Anlmaltlzssir(ra,rte)' ^Speriat6rawrafi1e"` ^Cakuttapoot" 'rvgn~htJ ganwdype "sre mviurrmrs for rnondormyarraemnenrs Area-based Games If moretnan~woareas,aita<hasepara~esheet. Area ~ Game type ((AeCk ail lhdt apply) i Ci RaPle OCon!est o(sk'tll (7flsh derby ^Dog musoers'tomest ^oassir (sperifyl - Area ~ 6ame type Irnerk all tha[ apply) ^Raf9e ^Comestofsklll G~Flshderby ^Dogmuseers'concen ^Classir(sperrfy) Mdnd er Of ~arTleS Required only forseif-direttedpull-tahsand'oingo. Manager firx name MI Manager las[name (Social serurlry nismber Wytime phone numh°= I ;ioiare mal6eg address ~ E,mail Mobile phone i ', C'ry State Zip+4 I Perini; M ~cde. whKhtest taken 1 IHnS Lhem fd er91 gdR1eS paSSPd [hP fASO OYfS ^NO Ve n d o r I nformatio n vendors may sell cbii~ tabs only lsttach vendor reolstration corm(s)and lee(s) (oreaeh vendorilsled Below 'Bar or,i parsmr=name Physiraladdress ~1ty Srare [ip+-0 ~ y AK j ',i!o!~ u,rsrcrenan,e Physi:ai atlGres iN Srare ~ 'i t AK n~r orlipuor store name ___ Prrysirrvaddreu Gty Slate ___ 2~p+C ~ AK _ ~Barnrliquoi store name j physica(address )Ciry I kare (Ip+a ~ i AK }Bar ortlgsor store name ~ Physhlatldress ~Ury State Zip+4 _ AK ' Operator Information Jesignateoperatorwbo will mndoct aC6vities on the orgaoizaPion'sbehalL Astath ~Operatoi nasee Badness name Multiple-beneficiary Permittee Information (MBP) Desionate the MBP rwth which the orgaoiaatlon hassgne4 a oartnershlp or ioint-venture carer mnlra<t(s), !!mare than one Game rypef9 Game rypelst attach a separate sheet. Operaco= ilrense a MB? permit d ~ealCatlon Of Net ProCeeaS Dexrtoeinde;allhow~heorwniratior,willoselhenerpro<eedsrrom9ama~caoivitles ~ A~11 ~~ro~~ed3 ~~~,~ y-c_~Ces ~~%(~ h,/. cYo+~~~ fz rt'dre, yam,-p~~o-~.ti-~,s a~-id ~LC~'~~~~-1~~ off- ~-L,~. (~Ge.~Gt.t~< g26 ReCain a copy for your records roan osos-Bt6.2 eev toioG roc 'toot • page 2 2007 Alaska Gaming Permit Apply online at wwwtoxstate.akus/gaming organization Information Applicatiol~ GAMES OE CHANCEANDCONTESTSOFSKILI 826 si EIN If renewing, enter gaming permlttl ~ Fhone number Faz number <.3--'(139178 132 907-563-7352. 907-561-30~Q Otganeation narfie~- Webslte address (Alaska/HawailMoose Association Mailing address City State Zip+4 49 Ro er n h r e AK 99507 Entity type (check one) Organization type (check one) for definitlons, see AS 05.15.690 and AAC 160.995 ^Corporation ~ C~Charitable ^FracernalY; ^PDllceorfiredepartment ^Partnershlp ~Clvh or service ^tabor ~Politi<ai C~ASSOtiarion G Dog mus6erSassocialion ^ Munkipa0ty ^Religlous x ^Edutaticnal ^NOnpmfittrade association ^Vecerans ^Elshingderbyassodaiion ^Omboardmororassoeialion ^IRA/Nativev4lage Yes ~JNO Does[he orgar,'¢alion have 25 or more memBers who are Alaska residents as defined In your articles o(Inrorporation or bylaws? Members in Charge of Games Members In charge must be natural persons and active members of the organization, oremployees of the municipality, and designatedby the organisation. Members in charge may not be licensed as an operator, be a registered vendor or an employee of a vendor for this organization. If more than one alternate, attach a separate sheet Primary member first name MI Primary member last name Frank 1 K ~Marquiss Email ~~~. Daytime pnone number Mobile number 9 7-563-7 mailing address 909 Ro er dr. City Rave Zlp+4 !, AK ~ Has the primary member passed the test? CYes ^No Permitpuntler which test was taken !~ Legal Questions Alternate member first name MI AltercaCe member last name Ronald -„_Risch SociaLecuritynumber Email Dayumepnw~e~mmoer Mobile number 907-243-6153 Home mailing address x 12 City State Zip+4 AK Bas the alternace member passed the tesd t]Yes ^No Permitqunder whkh rest was taken These questions must be answered. If you answer Yes to either question, see instructions. ^Yes i~Ne Has any memberofmanagementarany P'sonwhoisresponsibie rorgam!ngaaivftieseverbeen conviaed oFa felony, exmrtioa,oravsolation ofalawor ortlinanceofthissgte, oranolherjurstlStinr;,thatisaalmeinvalving;hehorduhonesry,oravialadonofgambiing;aws? ^Yes C~NO Doesany memberof managemenicr anyperson who isresponsibleforgamirgactivitles haveaprohibited eonniao(Inrereslasdefinetl by lS AA(160.954? We declare, underpenalty o/unswaro /alsihmtion, that we have examined this application, including anyattachments, and that m fhe bestofourknowledge and belief, it is true and mmplere. We unherstanG that any false starementmade on the opp6'cation or any attachments is punishable by law. Primary or alternate member signature Printed name gale °;~-,it. ,t .~L.vC4N l ~ j" ~ u /< I ~ o o v; c S s j '-^ /' -~ Press orotheroMters=gnamre(seelos ¢I~s) P~intedname - Dare Permit Fee The permit fee is based on 2006 estimated gross receipts, Check the appropriate box. ^ New applicant S20 ^ SO-$20,000 S20 ~ $20,001- $100,000 S50 StOQ001 or more (5100 826 Two copies of the application must be sent to all applicable municipalities and boroughs. See instructions for mandatory attachments.. Pay online with TOPS at wwwmxsmie.ok.us or make check payable to State of Alaska. New applicants must pay by check. Mail to Alaska Department ofRevenue -Tax Division PO Box 110420 ~ Juneau, AK 99811-0420 Phone(907)465-2320•Fax(907)465-3098 wwwtoxsmte.ak.us/gaming Retain a copy for your records ': Depa¢mem use only __. VaLaatlon p Dace stamp Fem:040i-826.1 Rev 10106 For 2W7 • page 1 Alaska/Hawai Moose Association 149 IGAMESOECHANCE Facility-based Games (Self-directed)Ifmorethantwofaciiities,attachaseparatesheet. OF SKiEL 826 4a<illryname Physitaladdtess ~ Ciry Anchorage Stare AK Zlp+4 95 03 Facill[vRype (check one) Ovrned ^Leased ^Donaretl Gametype (thet a that appy ^Bingo ~RafFle Pull-tabs ^Animal tiassit (thicken)' [J Animal lassie (rat race)` ^SpeUal draw rafFle"' ^Cakc[¢poof"` Fatiliry name S~` ~ jPhysital address I Gry (Stare AK Zip+4 Fa6liry type (check one) ^Ovmed ^Eeasetl ^Gonated Game type (thetk all tharapply) ~ ^Bingo [9.Rahle FQPuIi-tabs ^Animal dassit (chicken)' ^Animal lassie (car ra<e)" ^Spenal draw ratae"` ^Calatta pool*" "resrrinedgamery>x~ ""sreinsttuaions/ormandomrymrarmnenrs Area-based Games !f morettantwoareas,attachaseparatesheet, Are2 i Game type (check all tnatappry) ^Raffle ^ContestoFskill ^Flsh derby ^Dog mashers contest OClassit gpecifyl I Area Game type. (thetk all [hat apply) Il ^Raffle ^Conrest of skill ^fish derby ^Dog musherscontes[ Classic !specify! Mona er Of Games Requiredon!yforseiF-directed pull-tabsandbingo. I Mar~agerfi¢t name Mi Manager las[riame ISOtial <.e<urlty number Dayrme phone number I Nome mailing address i Email Mobile phone I r'm State 'Zp :-4 i PermitMuaCerwhith test taken ~~" Hasrhe manager of games passed the reff7 Yes ^No Ve n d o r I nfo rmat 10 n Vendors may sell pall-tabs only. Attach vendor registration form(s) and fee(s) for each vendor listed below. Bar ortrquorsmrename Physitaladdress Ciry State Zip+4 AK Bar or liquor score name Physitafatldres<_ `CLy State Zip+4 ( AK IBaror!iquorscorename ~ Physialaddress Ciry Stare Zip+4 AK BaroNlquornorename Physiaraddress .Ciry Stare Zlp+4 ~ AK Bar or liquor lime name Physical ahdress Gr/ kale Zip+4 AK I_----- Operator Information Designate operator who will conduct activities on Che organization`s behalf. Attach signed operating contraa(sl. If more than one operator, attach a separate sheet. Opera?or name Bastness name I Game rypels) Operator license a Multiple-beneficiary Permittee Information (MBP) Designate the MBP with which the organization has signed a artnership or ~oint-venture agreement. MBP name (Game type(s) MBP permit k. I)edlCdtlOn Of Net ProCeedS Describe in detail how the organization will use the net proceeds fromga Scholars ips, Donations to civic and communinty needs activities. 82o Retain a copy for your records Form o40S-626.2 Rev trlto5 (er tom • page t ~~-~F 1.J1tl1®l \L~111 CITY OF KENAI „ G~ ~ ~,~" 210 FIDALGO AVE., SUITE 2D0 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-2633014 ~! rwee.a, tlw~l~ iw: TO: Rick Koch, City Manager FROM: Robert Springer, Building Official ~--- Through: Jack La Shot, Public Works Manage DATE: January 8, 2007 SUBJECT: Summary of 2006 Building Department Activity The following table shows building permit activity for 2006: Plan Review Permit No. of Building Fees Fees ~ T pe of Buildin Permit Permits Valuation Collected Collected Residential - New Housin Construction 34 $6,449,000.00 $9,179.74 $18,328.77 Residential - Additions & Alterations 39 665,000.00 1,953.24 4,749.76 Commercial - New Construction 3 610,000.00 ~ 3,029.82 4,661.25 Commercial - Additions & Alterations 33 2,418,100.00 14,058.74 21,753.80 Multi-family - New ~ 3 970,500.00 4,383.90 6,744.45 TOTAL 112 $11,112,600.00 $32,605.44 $56,238.03 Si n Permits 5 $95.00 Building Inspections Performed Building Dept. Informational Calls 662 735 Building Maintenance -Service Calls 1,327 Building Summary 2006 Memo Page 2 January 8, 2007 The following tables compare building permits issued in 2005 and 2006. The table shows the number of permits issued each quarter and their value. The attached chart provides a visual representation by value for commercial versus residential permits. 15 2" 3` 4 2005 Residential - New Housin ! 0 1 t 8 4 23 Residential - Additions & Alterations 7 11 14 3 35 Commercial - New Construction 0 2 1 1 4 Commercial - Additions & Alterations 3 9 10 5 27 Multi-family - New 0 0 0 1 i ! 1 TOTAL 10 33 33 14 90 ~- $425,500 $2,557,300 $4,035,100 $1,220,800 $8,238,700 15 2" 3` 4 2006 Residential - New Housin 2 16 14 2 34 Residential - Additions & Alterations 3 16 16 4 39 Commercial - New Construction 0 1 1 1 3 Commercial - Additions & Alterations 9 9 11 4 33 Multi-family - New 0 0 0 3 3 TOTAL 14 42 42 14 112 $763,500 $4,157,100 $4,404,100 $1,787,900 $11,112,600 '' o ~ ~ x ~ ~ ~ ~ x ~ a ~ a oa ~ ~, o o o o o o ~ o 0 0 0 0 ~- c .~ ~ rn :.. c o 0 0 0 ~n o 0 0 0 0 0 0 'fl ~ d C 10 O ~D ~O vi M ~' O O W oo vi M v, ~ <Y Vi N ~O N A V' a N ~ ~ E v ~~ ~ ea zs ~ s ss ss ss ~ ~ ss ~ '~° o o ~ > 'o ~ U >, 5, ~. _ __ ~ n U ~ E a~i c d m LL LL !J. vi vi ~n v~ vi ~n vi ~n vi ~ N vi ~ _ .y t~ N N 1`- h N N N h M O~ N C ~ Y N Vl Vl M V' ^ ^ M O~ n Vl ~Y iC M m m N ~ ~ C O O~ L C ~ _C 3 ,~ V1 N h M nV ~O M O ~ N N ~i y fA 65 f/i ~,,,^ 69 s9 fA 69 FA b9 b9 Yi m m n u 6. 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L~ ~ v 0 a ry a ~ O ~ 0o O v~ O O O ~ ~ O N ss zs N ss N .-r w ...e .r d d LL O .. ~' C w oo =T N ° N ~ M E v ~. FFi Yi (A N d `° d n , ~ N c 0 d ~ o ° ~ tQ `y o er C C ~ - v ~ O ~ 'O A _ ~ ~ ~G « n' M O 'fl a c 0 c b r ~ ~ ~ C C v ~ ~ c '- E E ~ E ~ E U ~ W W ~ ' U x U o V L y X L T ~ O O ~.. .~ c 0 a d ~ U O ~ d ti °~ ~ Q O ` V ~ 'o N s y m c ro _ ~ C H ~ ~ ~ N . ~ O c ~ ~ 3 -a O a O O P O ~ Q E m d v v a U C 3 `a w o ~ y d ? O ~~' L ry q Cq m C .' O 0 o a w Z .... O_. . _.._ __. _.. __. ___. _. _ ..... .... e ~ ~ c o 0 c o 0 ~ N N N ® t~ ~ T O N ~ N N O r. O N i f ~ N ;. ~ ~ A ' O v ',. ~ 9 C N 1 .® L Q~ .® .® ~j1 O O r w O v~ ^ n d' r Building p,.~..~, n...µ~..Fl ~w~~ ~.~w,~ , _~~. W..~,~ . ~..~.~ ~..,~w.a.~.~a ,~,,~~ ermits Value fo'° 2006 Permi( #: Owner Address Valuation R/C B42S1 Juan A. Rodriquez 10672 Kenai Spur Hwy. $40,000 C 84252 Carol McKenzie 4520 Kenaitze CL $16,000 R 84254 Xian Biao Huang 10224 Kenai Spur Hwy. $6,000 C 84255 Denali Commercial Management In 11312 Kenai Spur Hwy. #42 $125,000 C 84256 Denali Bio Technologies 14896 Kenai Spur Hwy. $63,000 C B42.i7 City of Kenai 9775 Kenai Spur Hwy $500 C B4258 Bruce & Corene HaII 1012 Channel Way $10,000 R 84259 L&J Enterprises -Three Bears 10575 Kenai Spur Hwy. $20,000 C 84260 Gary Foster 809 Riverview Dr. 58,000 R 84261 Schilling Alaska-Adult Probation 120 Trading Bay Rd. #290 $68,000 C 84262 Thomas N. Netschert 808 Set Net Dr. $195,000 R B4263 DG Smith Builders 1217 Channel Way $183,000 R 84264 L&J Enterprises -Three Bears 70575 Kenai Spur Hwy. $25,000 C 84265 Michael Koob 10879 Kenai Spur Hwy. $4,000 C 84266 HaII Quality Buildiers 1603 Twilight Way $198,000 R B4267 Jersey Subs (Fallon & Musick) 106 S Willow St. $125,000 C 8426$ Leon Ctuesnel 1103 Inlet Woods Dr. $384,000 R 84269 HaII Quality Builders 1515 Windward Dr. $284,000 R 84270 James Dunn 660 Tern Place $30,000 R 84271 James & Kathleen Slone 603 Cedar Dc $3,000 R 84272 KPHA Lucky-Puck Pulltabs 8 Bingo 205 S. Willow SL $2,000 C 84273 Hall Quality Builders 1606 Twilight Way $180,000 _. R _._ 84274 Hall Ouality Builders 910 Salmon Run Dr. $165,000 R 84275 Ernest Hunt 411 Cinderella St. $1,500 R 84276 Mark Howell 310 Highbush Ln $7,500 R B4277 Richard McCartan-Foundation Only 10976 Kenai Spur Hwy. $40,000 C 8427$ Bruce & Shelby Richards 1320 Chinook Dr. $361,000 R OS January, 3007 Page I of 4 Permit #: Owner Address Vaduatian R/C 84279 Smith Carpentry Inc. 615 SetNet Dc $250,000 R 84280 Todd Harsha 413 Evergreen St. $139,000 R B42$1 Chuck McCrory 509 Ash Ave, $50,000 R 84282 LeRoy Chaffin 635 Dolchok Lane $500 R 84283 Gregory Andersen 1110 Angler Dr. $277,000 R 84284 Don & Loretta Pearce 155 Richfield Dr. $40,000 R 8428( Hall Quality Builders 1215 Channel Way $248,000 R B4287 Tony Doyle 206 Susieanna Ln $11,000 R 84288 Universal Airlines Inc 413 N. Willow St. $2,400 C 84289 City of Kenai 600/601 S. Spruce St. $25,000 C 84290 Vickie Roberts 521 Ash Ave. $2,500 R 84291 Gary Whiteley 212 Susieana Lane $1,700 R 84292 Alaska Digitel 6480 Kenai Spur Hwy $60,000 C B4293 Richard Alexander 2655 Watergate Way $37,000 R 84294 Rick Luebke 601 Highbush Lane $125,000 R B429S Rick Luebke 1509 Bumblebee St. $80,000 R 84296 Inlet Fish Producers, Inc. 2000 Columbia St $29,000 C 84297 Frontier Physical Therapy 260 Caviar St. $15,000 C B4298 Hall Duality for Bernard Doyle 407 Evergreen St. $156,000 R 84299 Reubin Payne 2535 Watergate Way $34,000 R 84300 New Castle Builders 1402 Fourth Ave. $80,000 R 84301 Habitat for Humanity 206 Cottage Ci. $5,000 R 84302 Russell W. Sonberg 412 Cinderella St. $360,000 R 84303 W. Scott Anderson 2855 Watergate Way $10,000 R 84304 - Dennis Barnard ~ 335 Dolchok Lane $2,000 R B430S Ted Titus 6384 Kenai Spur Hwy. $20,000 R 84306 Habitat for Humanity 206 Cottage Ci $142,000 R 84307 Dennis Leckwee 405 Birch SL $24,000 R 84308 Richard McCarten 10976 Kenai Spur Hwy. $150,000 C OS January, 2007 Page 1 of 4 Permit #: Owner Address Vreiuation IUC 84309 Paul Quade 508 Japonski Dr. $110,000 R 8431 ~ Criterion General Inc. (Aurora Vista 104 N. Gill SL $150,000 C 84311 Criterion General Inc. (Aurora Vista 308 Birch St $50,000 C 84312 Criterion General Ina (Aurora Vista 203 Walker Lane $50,000 C 84313 Criterion General Inc. (Aurora Vista 205 Walker Lane $50,000 C 84314 Ron & Ginger Pitts 1514 Tundra Rose Lane $29,000 R 84315 Bryan Lowe 411 Eadies Way $162,000 R 84316 Jarrod & Leann Daniels 305 Hutto St. $267,000 R 84317 Phillip L Draheim 410 Highbush Lane $6,000 R 8431$ Shauna Bryers 315 Ames Rd $1,800 R 84319 John Evanson 1104 Inlet Woods Dc $180,000 R 84320 Virginia Hunter 209 YYaiker Lane $20o R 84321 Carrs Gottstein Properties t 1312 Kenai Spur Hwy #39 $275,000 C 84322 Kevin Myers 3840 Wildrose Ave. $55,000 R B4323 Jesse Wade 103 Linwood Lane $46,000 R 84324 David Schilling 130 5. Willow SL $90,000 C 84325 Greg Beiser 2755 SetNet CL $3,500 R 84326 Thomas J. Tdmrdle 904 Cook Ave. $50,000 R 84327 Wendell Fowler 1504 Bambara Dc $15,000 R 84328 James & Peggie Huff 1107 Colonial Dr. $5,000 R B4329 HaII Quality Builders 1213 Channel Way $191,000 R B433f) Hall Quality Builders 1411 Julie Anna Dr $149,500 R 84331 Conrad Peters 203 Linwood Lane $8,000 R 84332 Dick Kelm 910 Salmon Run Dr, $39,000 R 843.33 "-- MichaelKissee "" 2420 Watergate Way - $2,500 . ...R -- 84334 Allan Norville-Cellular One-Unit 106 10672 Kenai Spur Hwy. $4,000 C 84335 Ted Titus 6384 Kenai Spur Hwy $175,000 C 84336 Bill Richmond 309 James St. #3 $91,000 R 84337 HaII Quality Builders 1806 Julie Anna Dr. $143,000 R OS January, 2007 Page 3 oj4 Permdt #: Owner Address 1~aluation R/C 84338 Amundsen Educational Center 1112 Inlet Woods Dc $360,000 R 84339 Johannes Rodland 8400 Kenai Spur Hwy. $3,000 R 84340 Ted Benson 2305 VIP Dc $25,000 R 84341 HaII Quality Builders 1101 Leeward Dr. $170,000 R 84342 Eric Beeman 1004 3rd St. $87,000 R 84343 Thomas Wagoner 4025 Forget-me-Not Rd $125,000 R 84344 Marathon OiI Company 500 Childs Ave $870,000 C 84345 Alfonso Lamendola 115 8idarka St $23,000 C 89346 Dustin J. Vasicek 2520 VIP Dr. $9,600 R B4347 Pal & Sharon Reilly 1813 Aliak Dr. $150,000 R 84348 Dave Dempster 1121 Bridge Access Rd $8,000 C 134349 Indcom Properties, LLC-foundation 100 N. Willow St. $36,000 C B43S0 Tracy Jones 1021 First St. $139,000 R 84351 Lucile Barton 434 Rogers Rd, $24,000 R 84352 Kenai Fellowship 8333 Kenai Spur Hwy $7,400 C B43J3 $ryan Lowe 1230 Angler Dr $500 R 843SJ Alfonso Lamendola 115 Bidarka St $375,000 C B4356 George O'Guinn 408 Eadies Way $323,500 R 84357 George O'Guinn 410 Eadies Way $323,500 R 84358 George O'Guinn 412 Eadies Way $323,500 R 84-359 Charles Versaw dba ZYX Holdings I 135 N. Willow St. $40,000 C 84360 New Castle Builders 108 Linwood Lane $181,000 R B4361 Carolyn L. Pirak 1125 Firsl St. $700 R 84362 Hall Quality Builders 1005 Inlet Woods Dc $182,500 R 8463 Jofin-Par er 140 MaifiStreet Loop"- __- "$2,800 - C -- "- 84364 Ona Bacon 1007 Aliak Dc $1,500 R B436S Laura Ganshow (The Family Table, 509 Overland Ave. $2,000 C Grand Tntal X11,712,600.00 ~- ----J OS Jnnunry, 2007 Page 4 of Q he a ~a [~ N e ~~.r° 6P ~'~sl ~ ~adG 4i~ P fi;~ ~ ~ aJJ~ , d w S ~ fA M ~ yS v / P a~4 a W ® r J, Ga / `>JO, ~ J s a (V r M ,r~,~ Ja I ° a ~ = i d, Z ~ ~ ~ '?~ S~ _ yq .~. J~ ~~/ ~ V ~- N / JA y ~ i ~ { ey, 0 2 , Q m ~ J9,, a ~a % ~ N ''~ ~L qq LL W ^ ii 6 ~!;~ ~~~ ® ~ r ,~ , ~~r ~~~~ ~zr p • ly J ~.. W ~,J Q. M t N s~~ Q s ~ ~G EG S Z L a A J ~ ~~s W ~ F" J y sp ; a `yb b ~- Z M ~" ~, ~i i• ~ ay ~~ `n ® ~~,w~~s~~~ ~ , ` io N M ipG, d~GO ' ~ J, r _,_~ Ti.~ °a ~Ob f ~ !y G a yso ~ ~ SS o~Py .vb ao, ® ® ® O'Zo ~ ~ ~ r I~-s '~Z Izesolutions. fog the Yeaa~ 2006 TYPE OF PERMIT Resnlutinu # TYPE MEETIn'G DATE ACTION Adminisb~ative Exeneption 200622 .5-Feet Rear Encroachment 03/07/2006 Approved Amend Conditional Use Permit 200671 Commercial Kitchen 10/25/2006 Approved Amend KMC 200605 Land Use Table footnote #t9 01/11/2006 Approved 200611 14.20.290 -Appeal 02/08/2006 Approved 200612 14.22.010 -Footnote 10 02/22/2006 Approved 200613 14.25 LandscapelSite 02/22/2006 Postponed 200640 14.20.150 -Conditional Use Permit 06/14/2006 Approved 200651 Establish CMU Zone 07/26/2006 Approved 200666 Central Mixed Use Zone 10/11/2006 Approved 200669 14.20.240© Mobile Homes 10/11/2006 Approved Conditional Use Permit 200602 Cabin RentalslOuide Service 0111 112 0 06 Failed 200608 Off-Site Catering Business 01 /2 512 0 0 6 Removed 200609 Off-Site Catering Business 02/08/2006 Approved 200623 Extraction of Natural Resources-Drilling Permi 04!12/2006 Approved 200634 Cabin Rentals 05/24/2006 Failed 200641 Cafe/Catering/B&B 06/14/2006 Approved 200644 Taxidermy-Retail Business 06/26/2006 Approved 200664 Cabin Rentals 09/27/2006 Approved -- ___- 200665 Cabm Rentals - - 10/11/2006 APPrdvetl 200675 Bed & Breakfast 11/08/2006 Approved 200682 Commercial Kilchen On-sitelOff-site Catering 12/t 3/2006 Approved 28 Uecember, 2006 Page ! of 4 TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Encroachment Pe!•mit 200606 Slde Yard Setback 11-feet 07125/2006 Failed 200632 2-foot Front Yard Encroachment 05/10/2006 Approved 200638 2-Front Yard Setbacks 06114/2006 Approved 200654 Front Yard Setback 08/09!2006 Approved 200656 Front & SideYard Setback 08!09/2006 Approved fi0Y112 OCC2l~7Qt1077 L~EY19Y17 200604 Daycare 01/11/2006 Approved 200635 Quilting Business 05124/2006 Approved 200639 Home Hair Care Salon 06/28/2006 Approved 200648 Daycare 07!26/2006 Approved 200650 Sign Design & Production 07/26/2006 Approved 200660 Daycare 08109/2006 Approved 200681 Daycare 72/13/2006 Approved Landscape/Site Plan 200676 Kenai Church of God 02/22/2006 Approved 200625 Restaurant 03/3012006 Approved 200636 Kenai Veterinary Hospital 05/16!2006 Approved 200642 Alaska Digitel 175-foot lattice tower 06/09/2006 Approved 200645 Peninsula Powersports 06/2612006 Approved 200649 Commercial Development 07/0512006 Approved 200652 Commercial Development 0 7/1 312 0 06 Approved 200655 Commercial Development 07!27/2006 Approved 200666 Commercial Development 09!26!2006 Approved ._-200672 _ ZYX Holdings Inc 10/06/2006... APProved 28 December, 2006 Page 2 oj4 TYPE OF PERMIT Resndution # TYPE MEETING DATE ACTION Preliminary Plat 200603 Baron Park 2005 Replat 01/11/2006 Approved 200610 Spruce Shadows SD-Merritt Addn. 02/08/2006 Approved 200614 McKinley SD #2 02/22/2006 Approved 200621 Baron Park SD #2 03/22/2006 Approved 200630 Sungate Park SD Schweitzer Addition 04/2612006 Approved 200631 General Aviation Apron SD #5 04/26!2006 Approved 200633 Original Townsite of Kenai-Vozar Addition 0 811 0/2 00 6 Approved 200637 Thompson Park Meyers Replat 05l24/20D6 Approved 200646 Carl F. Ahlstrom -Goff Replat 07/12/2006 Approved 200647 Five Iron Heights Block 3 Resub. 07!12/2006 Approved 200653 Coyle's Landing -Miller Replat 67/26/2606 Approved 200657 Inlet View SD Beauchamp Addn. SD #2 08/09/2006 Approved 200658 Smith Ridge SD 08109/2006 Approved 200659 Amada Walker SD Harris Addn. 08109!2006 Approved 200661 Bookey's Replat 08/23/2006 Approved 200662 Original Townsite of Kenai - Tomrdle Replat 08/23/2006 Approved 200667 State of Alaska Surve No 2005-7 10/1112006 Approved 200673 Redoubt Terrace Bluff View 10/25/2006 Approved 200676 Baron Park SD #3 L783 S 184 11/08/2006 Approved 200677 Wright SD 11/08/2006 Approved 200678 Illiamna View SD -Massie Replat 11/08/2006 Approved 200679 Stawberry Fields Forever Addn. #2 t 1/08/2006 Approved 200680. Baron Park SD 2007 Replat 12/13/2006 Approved 200683 General Aviation Apron SD #4 .. 12/13/2006 _._ _. ___ Approved ... _ _ 200686 . _.._. _.. Lot 10A, Cook Inlet Industrial Air Park 12/13/2006 Approved Rezone 200601 Thompson Park Rezone to RR & CG to LC 01/11/2006 Approved 200607 C to TSH 01/25!2006 Approved 200615 RR to R 03/22!2006 Approved 200624 IL and GC to GC 0 4/1 212 0 0 6 Approved 28 December, 2006 Page 3 oj4 TYPEOFPERMIT Reso[ution# TYPE MEETINCDATE ACTION Transfer Conditional Use PermiC 200617 Retail BusinesslCffice/Hotel & Guide Service 03!2212006 Approved 200618 Hotel & Guide Service 03!22!2006 Approved 200619 Hotel & Guide Service 03/22!2006 Approved 200620 Food & Guide Service 03/22/2006 Approved 200626 Lodging and Guide Service 04/12/2006 Approved 200626 Lodging and Guide Service 04/12/2006 Approved 200627 Cabin Rentals 04/1 212 0 0 6 Approved 200627 Cabin Rentals 0 411 212 006 Approved 200627 Cabin Rentals 04/1 212 0 0 6 Approved 200628 Cabin Rentals 04/12/2006 Approved 200629 Gabin Rentals 04/1 212 0 0 6 Approved 200670 The Family Table 10/1112006 Withdrawn 200684 Hotel (Short-term Recreational Rentals] 1 2/1 312 0 06 Approved 200685 Hotel, Guide Service & Boat Parking 1 2/1 312 0 0 6 Approved Tim^iance 200643 ,Free standing sign 0 6/2 812 0 0 6 Approved 200663 Principal Structure 09/27/2006 Approved 200674 Minimum Lot Size 12/1312006 Failed 28 December, 2006 Page 4 of 4 .® _~ ~j .~ N .~ Q N N i ~~f ~- ~ ,~~' ~ y a, v ~. ~a.~ ~,, ~ E~ ~ r :~ ~ ~; ~ ' ~ r~E h""~.. n ~ .. ? i N ` ~ n..c r~`%".. ~~ SY ~ S -'S: .. ';'!; ........._.. ~. r L(1 Ln Ln M N N r r ao QP ~'~P 7 ~~~ 'a o~a s~ ~A a ~o, Qo~a~ .,DAGo JJ a~, sQ A ~A/a ~~ ~`~G i~ ~a 4~~ d d afs %a oA ~~ Jsa 0aa QA, Go ~'~A a ,tj ,a J Qua O ac4 a'~Q °ti a~ ,r, S~aao Qi~aa e~GJ, s~ ~a4 J~ o~A 4 AQa~ pJ b r,~ ~a a_ ~~A G 40~ ofa oQ'a+ QoJ a a s,` '~'A b Kenai Peninsula Borough 16, 2007 - 7:00 ton Long 4ssembly President Seat 6 -East Peninsula Term Expires 2009 Margaret Gilman Assembly Vice President Seat 2 -Kenai Term Expires 2008. Paul Fischer Assembly Member Seat 7 -Central Term Expires 20D7 Deborah Germano Assembly Member Seat 8 -Homer Term Expires 2008 r "noPP ,y Member Sew.. _'- Kalifornsky Term Expires 2009 MiZll Martin Assembly Member Seat9 -South Peninsula Term Expires 2009 Grace Merkes AsrenzbiyMember Seat 5-Sterling/FunrryRiver TernzExpires2008 Pete Sprague Assembly Member Seat 4 - Soldotna Term Expires 2007 Gary Superman Assembly Member Seat 3 - Nikiski Term Expires 2007 Assb Regular Meeting A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS .,s..~ w.. <- Borough Assembly Chambers, Soldoma, Alaska F. 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 iri its normal sequence on the.. agenda G. APPROVAL OF MINUTES * l . January 2, 2007 Regular Assembly Meeting Minutes ...:..:...1 H. COMMENDING RESOLUTIONS ANrD PROCLAMATIONS 1. A ProclarnationHorioring Alaska State Trooper Captain Tom Bowman for Exemplary Service to the Citizens of the Kenai Peninsula Borou h Ma or :........... LAYDOWN g ~ y ),,....... I, PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) 1. Josiah Molden Hauer -Caring for the Kenai Recycling Project (5 minutes) J. PUBLIC COMIVIEN'TS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) - K. REPORTS OF COMMISSIONS AND COUNCILS ............................12 L, MAYOR'S REPORT ........... . 1. Assembly Requests/Responses Page 1 of 4 7anuary 16,2007 a. Playground Equipment :.........................:............13 b. NACo Prescription Drug Progrart .......:.:..... . ..... LA'YDOWN 2. Agreements and Contracts a. Approval of contractto Brenntag Pacific Inc. for Purchase of Calcium Chloride -Summer 2007 ...... . .:............................ 14 b. Approval of contract extension for William Doolitfle for 911 Insight ...............:.............:....................:......16 c. Approval of contract with Quick Dirtworks for Roufing of Solid Waste & Recycle Hauling -Area 2 ......................:...... 17 d. Approval. of contract for Sole Source Contract withNUKAResearch for Emergency Response Plan.Revisions ..:..................:... 19 M. N. O. ITEMS NOT COMPLETED FROM PRIOR AGENDA-None PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) -None UNFINISHED BUSINESS 1. Postponed Items a. Ordinance 2006-40: Providing for Submission to the Qualified Voters of the South Kenai Peninsula Hospital Service Area the Question of the Issuance of up to Sixteen Million Dollars ($16,000,000) of General Obligation Bondsfio Fund Capital Improvements, at a Special Election in and for the South Kenai Peninsula Hospital Service Area (Mayor) (Referred to Finance Committee) ....................... 21 Ordinance 2006-40 (Mayorl Substitute: Providing for Submission to the Qualified Voters of the South Kenai Peninsula Hospital Service Area the Question ofthe Issuance of up to Fourteen Million Seven Hundred Thousand Dollars ($14,700,000) of General Obligation Bonds to Fund Capital Improvements, at a Special Election inand for the South Kenai Peninsula Hospital Service Area (Mayor) (Referred to Finance Committee) .........::........:.................... 26 Clerk's Note: A teleconference site will be established at the Borough Office in Homer to receive public testimony on the above ordinaizce(s) during the assembly meeting.) January 16, 2007 Page 2 2, Notice to Reconsider b, Ordinan__ oe 2006-41.: Delaying from January 1, 2007, to April 1, 2007, the Implementation of KPB S.L8.430(G) and KPB 5.18.900(Q), which Require that Recreational Sales be Taxed on aPer-Person Per- ' Day Basis (Mayor} (Notice of Reconside~~ation given by Germano] .... 33 p, NEW BUSINESS. 1 • Bid Awards *a, Resolution 2007-003: Authorizing Award of a Contract for filing an Educational Funding Lawsuit Against the State of Alaska (Mayor) 35 (Referred to Finance Committee) . • • • • • • • • • • ~ • • ' ' ' 2. Resolutions *a. Resolution 2007-004: Redirecting $345,5:10 in Central Kenai Peninsula Hospital Service Area Capital Project Funds (Mayor) 38 .............. (Referred to Finance Committee) ...... . *b. Resolution 2007-005: Acce nd Veterans5 Affairs forn Emergency Department of Military Management Operations (Mayor) (Referred to Finance Committee) .: • 41 *c, Resolution 2007-00 P Authopnzing the Accep Refe edt aPol reds Senior Citizen Exem tion A plication (Ma} or) ( , , 46 ... ............... and Procedures Committee) ....... 3. Ordinances *a. Ordinance 2006-19-34: Accepting and Appropriating a Grant from the Denali Commission in the Amount of $ROfOrOrOdf to Finance Equipment (Mayor) (Hearing an 02/20/07) ( .. , ' . , . ' , .... 52 Commrtee) ...................... 4, Other a. Request for Formal Assembly Objection to the Continuance of the Following Liquor Licenses for a Second Year Because of Unpaid Taxes Due the Borough: [Note: Licenses are issued fora 2-year period. These were originally approved in 2006 for 2006 & 2007.] 57 .. (Referred to Finance Committee) .... • - - Page 3 of 4 January 16, 2007 Business Name Starvin Marvin's Pizza Save U More Save U More Bing Browns One Stop Kings hm License Location Homer Homer K-Beach Sterling Kenai Kenai Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes perspeaker) R. ASSEMBLY MEETING A1~TD HEARING ANNOUNCEMENTS February 6, 2007 7:00 PM Regular Assembly Meeting Soldotna S. ASSEMBLY COMMENTS T. PENDING LEGISLATION (This item Iists legislation which will bead"dressed at a later date as noted.) 1. Ordinance 2007-O1: Amending KPB Chapter 5.28, the Purchasing Code, to Require that the Mayor Obtain Assembly Approval to Award Certain Contracts (Sprague) (Hearing on 02/06/07) (Referred to Policies and Procedures Committee} 2. Ordinance 2007-02: Increasing the Number of Board Members for the Seward-Bear Creek Flood Service Area from Seven to Nine (Long @ the Request of Service Area Board) (Hearing on 02/06/07) (Referred to Policies and Procedures Committee) Ordinance 2007-03: Amending. Chapter 21.20 Regarding Board of Adj ustment Proceedings (Mayor) (Hearing on 02/06/07) (Referred to Policies and Procedures Committee) U. INFORMATIONAL MATERIALS AND REPORTS V. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on February 6, 2007, at 7:00 P:NI. ri the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL-FM 9L9 (Central Peninsula), KBBI-AM 890 (South Penfnsula), K201A0-FM 88.1 (East Peninsula). .Copies of ageaxda fteraas 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 wavw.borough.keuai.ak:us for copies of the agenda, meeting summaries, ordhwnces and resolutions. January 16, 2007 Page 4 of 4 AGENDA ENAI CITY COUNCIL -REGULAR MEETING s _ JANUARY 17, 2007 ,~ 7:00 P.M. KENAI CITY COUNCIL CHAMBERS xinw.u~xa http:!/www.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Dwight Kramer, Kenai Area Fisherman's Coalition -- Board of Fisheries 2008 Upper Cook Inlet Meeting. 2. Maya Johnson -- 4-H Congress Report 3. Kirk Louthan and Becca Foed, Captains, Kenai High School Cross Country Ski Team -- Ski Trails. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. a. Substitute Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Set new License Kennel and Impoundment Fees, Providing for the City. to Send Notices to Dog Owners of Pending Expiration of Dog Licenses and Providing for Microchip Identification of Dogs. 2. Ordinance No. 2202-2006 -- Amending KMC 71.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two- Cycle Engines. 3. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. 4. Continuation of Liquor Licenses -PROTESTS • Amy Bowen, d/b/a One Stop Liquor • Kings )nn Property Management LLC, d/b/a Mr. D's • Alaskalanes, Inc., d/b/a Aiaskalanes Bowling Cen[er 5. *Transfer of Liquor License -- Upper Deck/Beverage Dispensary, Tourism -- From Corey, Inc. to Rosin Investments, Inc. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $75,000 3. *Ordinance No. 2204-2007 --Creating the PRISM Special Revenue Fund and Increasing Estimated Revenues and Appropriations to Fund Operations for FY2007. 4. *Ordinance No. 2205-2007 -- Amending KMC 7.15.050 to Add Subsection (g) Allowing Emergency Purchasing W ithout Competitive Bidding. 5. *Ordinance No. 2206-2007 -- Amending KMC 13.30.010 to Reflect the Renumbering of the Traffic Violation of Negligent Driving in the Alaska Statutes. 6. *Ordinance No. 2207-2007 -- Amending the Official Kenai Zoning Map by Rezoning Tract C, Gusty Subdivision No. 2 and Tract 8, Shadura Subdivision, From General Commercial (CG) to Central Commercial (CC). 7. *Ordinance No. 2208-2007 -- Amending KMC 14.20.250, Off-Street Parking and Loading Requirements. 6. *Ordinance No. 2209.2007 -- Amending KMC 74.25 to Include Four or More Dwellings in the Landscaping/Site Plan Requirements of the Kenai Municipal Code. 9. *Ordinance No. 2210-2007 -- Increasing Estimated Revenues and Appropriations by $88,450 in the Airport Fund to Fund PRISM Operations and Replenish the Contingency Accounts. 10. *Ordinance No. 2211-2007 -- Authorizing the Sale of Approximately 38.224 Acres at Tract 1, Baron Park, 2005 Repiat in the City of Kenai, Alaska, and Setting Forth the Price and Other Terms and Conditions of Sale. t 1. Approval -- Consent to Assignment of Leases/Consent to Assignment of Leases for Security Purposes -- Kenai Golf Course/From Morgan Family Limited Partnership to Griffin Golf Enterprises, LLC. 72. Discussion -- Under/Over-Voting Policy t3. Discussion -- Supervision of City Clerk Position EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www.ci.kenai.ak.us. Carol L Freas, City Clerk D376/211