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Home My WebLink About2008-06-04 Council PacketAGENDA C\\\~NAI CITY COUNCIL -REGULAR MEETING 6 JUNE 4, 2008 7:00 P.M. ,t„ y,/ KENAI CITY COUNCIL CHAMBERS xexataiasaa http://www.ci.kenai ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2311-2008 -- Finding that Certain City-Owned Land, Identified as T5N R11 W SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), Is Dedicated for Park Purposes. 2. Ordinance No. 2312-2008 --Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. 3. Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 4. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. 5. Ordinance No. 2375-2008 --Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. 6. Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. 7. Ordinance No. 2317-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. 8. Resolution No. 2008-29 --Authorizing a Sole Source Contract to Kidde Fire Trainers for $45,000 for Software and Installation Services at the Fire Training Facility. 9. Resolution No. 2008-30 --Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 20D8 and Ending June 30, 2D09. 10. Resolution No. 2008-31 --Transferring $20,000 in the Airport Fund for Pavement Maintenance. 11. Resolution No. 2008-32 --Transferring $14,016 in the Water and Sewer Fund to Replace Lift Station Pumps. 12. Resolution No. 2008-33 -- Selecting Wince-Corthell-Bryson for Architectural/Engineering/Environmental & Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. 13. Resolution No. 2008-34 -- Declaring that a Zamboni be Considered Surplus and Authorizing Trade with the City of Palmer for an Atco Trailer, a Large Volume Exhaust Fan, and Other Miscellaneous Items. 14. `Liquor License Application (New) Samm MrGee'g, lnr. #4794Beverage Disnengary Tpiirism 15. *Restaurant Designation Permit Robert B. Gray/Samm McGee's Inc. #4794 ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2, Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by $501,632 fn the Urea Storage Building Fund for Construction. 4. *Ordinance No. 2319-2008 --Amending the Ethics Rules for Elected and Appointed Officials and City Employees by Amending the Existing KMC 1.85.060 and 070. 5. *Ordinance No. 2320-2008 --Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One-half Time Within the City. 6. Discussion -- Harold Daubenspeck Memorial EXECUTIVE SESSION -- Annual Evaluation of City Clerk and City Manager. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www.ci.kenai.ak.us. Carol L Freas, City Clerk D/211 A T COUNCIL PACKET DISTRIBUTION ~ COUNCIL MEETING DATE: (~;r ~~ ,~~ ~"` AGENDA DISTRIBUTION DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Offiee will pick their pocket up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/ngenda form for paper} is emailed to Denise at Peninsu/a C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (ngenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon ns possible before leaving the office for the weekend. JGJNE 4y 4®®$ REGULAR COUNC%L MEETING REQUESTED ADDITIONS/CHANGES TO THE pACKET ITEM REQUESTED BY: MOt7E: Information Ytem No. 5 forward and place as Item H-? for Consideration -- Vacation of Hayes Avenue, a 30-foot right-of-way adjacent to the north boundary of Lots 1 and 4, dedicated by Youngblood-Warren Subdivision (Plat KN 628); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB File 2008-101. CITY CLERK ADD TO: Mayor's Report -- 6/2/08 Tri-Borough Commission letter Encouraging the inclusion of a spur line to Southcentral Alaska and the dedication of a portion of gas line revenues to Alaska's communities in the natural gas pipeline project. MAYOR CONSENT AGENDA ADD TO: Item E-15 -- A copy of the Restaurant Designation Permit (Robert B. Gray/Samm McGee's Inc. #4794 (inadvertently omitted from the packet). 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KENAI CITY 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 council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) YTEM D: REPORTS OF KPB ASSEMBLY, LEGYSLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2311-2008 -- Finding that Certain City-Owned Land, Identified as TSN R11W SEC 4 Seward Meridian KN 0880053--Central View (--- Subdivision Tract B, Third Recording District, Kenai, Alaska, KYB Parcel No. 04901062), is Dedicated for Park Purposes ............................ 1 2. Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month ................................................ 3 3. Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009 ................... 5 4. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule .................. .............................. 9 5. Ordinance No. 2315-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment ................... .............................. 11 6. Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce 13 Street ........................................................ 7. Ordinance No. 231?-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach .................................... 15 8. Resolution No. 2008-29 -- Authorizing a Sole Source Contract to Kidde Fire Trainers for $45,000 for Software and Installation Services at the Fire Training Facility .................................................... .. 19 9. Resolution No. 2008-30 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009.......... 21 10. Resolution No. 2008-31 -- Transferring $20,000 in the Airport Fund for Pavement Maintenance .................... ....................... 23 11. Resolution No. 2008-32 -- Transferring $14,016 in the Water and Sewer Fund to Replace Lift Station Pumps ................................. 25 12. Resolution No. 2008-33 -- Selecting Wince-Corthell-Bryson for Architectural/Engineering/Environmental 8v Construction Management Services for Kenai Municipal Airport Capital Improvement Projects.......... 27 13. Resolution No. 2008-34 -- Declaring that a Zamboni be Considered Surplus and Authorizing Trade with the City of Palmer for an Atco Trailer, a Large Volume Exhaust Fan, and Other Miscellaneous Items .................... 29 14. *Liquor Lscense Application (Newt • Samm McGee's, Inc. #4794/Beverage Dispensary Tourism .......... 31 l5. *Res4aurant ~7ecigna4_ign hermit • Robert B. Gray/Samm McGee's Inc. #4794 ...................... . ITEM F: MINUTES 1. *Regular Meeting of May 20, 2008 ................................... 35 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified ............................................... 53 2. Approval of Purchase Orders Exceeding $15,000 ....................... 55 3. *Ordinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by $501,632 in the Urea Storage Building Fund for Construction .................................................. 57 4. *Ordinance No. 2319-2008 -- Amending the Ethics Rules for Elected and Appoirited Officials and City Employees by Amending the Existing KMC 1.85.060 and 070 ................. .............................. 59 S. *Ordanance No. 2320-2008 -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One-half Time Within the City ............................... 67 6. Discussion -- Harold Daubenspeck Memorial .......................... 69 ITEM I: 1. Council on Aging............, .... .............................. 2. Airport Commission ............................................ . 3. Harbor Commission ............... .............................. 4. Library Commission ............................................ . 5. Parks & Recreation Commission .................................. . 6. Planning &, Zoning Commission .................................... 71 7. Miscellaneous Commissions and Committees a. Beautification Committee ...................................... . b. Alaska Municipal League Report ................................ . c. Mini-Grant Steering Committee ................................................................. %TEM J: REPORT OF THE MAYOR ITEM K: 1. City Manager .................... .............................. 77 2. City Attorney .................... ....................:......... 3. City Clerk ....................... .............................. ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGYSLATYON (This item lists legislation which will be addressed at a later date as noted.) EXECUTIVE SESSION -- Annual Evaluation of City Clerk and City Manager ITEM N: ADJOURNMENT Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2311-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED LAND, IDENTIFIED AS TSN R11W SEC 4 SEWARD MERIDIAN KN 0880053--CENTRAL VIEW SUBDIVISION TRACT B, THIRD RECORDING DISTRICT, KENAI, ALASKA, (KPB PARCEL NO. 04901062), IS DEDICATED FOR PARK PURPOSES.' WHEREAS, Kenai Municipal Code 22.05.110 provides for the dedication of lands for a public purpose if so determined by the City Council by ordinance; and, WHEREAS, Resolution No. 2007-48 authorized the purchase of the property described above for wetlands mitigation to be retained by the City and reserved for park purposes; and, WHEREAS, on February 2, 2008, the City of Kenai issued and recorded a conservation easement on the property which is recorded at 2008-001421-0 in the Kenai Recorder's Office; and, WHEREAS, the conservafion easement restricts and regulates certain activities on the premises in order to preserve conservation values of the property; and, WHEREAS, the property is zoned Conservation and contains wetlands and drainage into the Kenai River, NOW, THEREFORE, BE IT ORDAINED BY THE CCUNCIL OF THE CITY OF F,ENAI, ALASY>A, that certain City-owned, identified as T5N ~:11~~' SEC 4 Sewar Merdian KN 0880053--Central View Subdivision Tract B, Third Retarding District, Kenai, Alaska (KPB Parcel No. 04901062), is reserved far park purposes in compliance with the conservation easement on "the property. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this fourth day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 20, 2008 Adopted: June 4, 2008 Effective: July 4, 2008 (5/7/08)kh /,~°' "Villay~e rv~`t~t a Past, Gt°ty wc`t~t a Futu~°e" -.~~%~H ti 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ~~,a~ uy `~-- Telephone: 907-283-7535 /FAX: 907-283-3014 - ~, :,- - - - - ~°~ 7992 EHe cc~ o f KENA~ SKA MEMO: TO: Cify Council ~RaM: DATE: Rick Koch May 28, 2008 SUBJECT: Ordinance 2311-2008 The purpose of this correspondence is to recommend approval of the above referenced ordinance. This properly was purchased as off--site mit4gation for the loss of wetland habitat on the W al-Mart site. The property has already had a conservation easement recorded and this dedication compliments that action. Tf you have any auestians please contact me at your convenience. 2 Suggested by: Council/Administration cI~Y o~ I~EN~I ORDINANCE NO. 2312-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.45.010 BY ADDING A NEW SUBSECTION TO COMPENSATE PLANNING AND ZONING COMMISSIONERS AT THE RATE OF $100 PER MONTH. WHEREAS, under Title 29 of the Alaska Statutes, the Planning and Zoning Commission has decision making authority for a variety of important planning and permitting land use issues for the City of Kenai; and, WHEREAS, the members of the Planning and Zoning Commission now receive no compensation for their duties; and, WHEREAS, based upon the considerable time devoted to the duties of Plann;ng and Zoning Commissioners, they should receive compensation of $100 per month. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, that KMC 14.05.010 should be amended by adding a new subsection (d), as follows: (d) Members of the Plannin¢ and Zanin~ Commission shall be compensated. at the rate of $1.00 ner month. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 20, 2008 Adopted: June 4, 2008 Effective: July 4, 2008 3 Suggested by: Administration CITY CSF KENAI ®RDIISANCE N~. 2313-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY I, 2008 AND ENDING JUNE 30, 2009. WHEREAS; it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCZL OF THE CITY OF KENAI, ALASKA as follows: Section. 1: That certain document entitled "City of Kenai Fiscal Year 2009 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2008 and ending June 30, 2009. Section. 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2008, and. ending the 30th day of June, 2009, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $ 12,607,129 Congregate Housing 482,586 Permanent Funds 13,000 Water and Sewer Fund 1,872,316 Airport Fund 2,597,808 Senior Citizen Title III 534,627 Senior Citizens Fund 192,371 5 Ordinance No. 2313-2008 Page Twc . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 20, 2008 Adogted: care ~, 2008 Effective: July 1, 2008 Approved by Finance: (5/13J2008) hl 6 ,~ _ s~N~, s.-~E -///' tlre~uty o~ // KENA1~ SKA "l/~`f~aye wct.~ a Past, GLty uJC`t~t a F~tc~Ye ~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ipi6.~~~ Telephone: 907-283-7535 /FAX: 907-283-3014 t991 MEMO: TO: City Council FROM: DATE: Rick FCoch May 28, 2008 SUBJECT: Ordinance 2313-2008 The purpose of this correspondence is to recommend adoption of the above referenced ordinance. This ordinance provides the Anneal gperating Budget for $le Fiscal Year beginning' on. July 1, 2008 axed ending June 30, 2009. If you have any questions please contact me at. your convenience. 7 Suggested by: Councilor Smalley CITY OF K1E~AI C}RDINAIdCE N®. 2314-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ENACTING KMC 23.55.080 PROVIDING FOR LONGEVITY PAY OF TWO PERCENT (2%] FOR CERTAIN EMPLOYEES IN STEP CC IN THE CITY OF KENAI SALARY SCHEDULE. WHEREAS, the City of Kenai Salary Schedule contains nine "Steps" from Step A to Step CC; and, WHEREAS, the time period to advance between Steps B to F is one year and to advance between F to CC is two years; and, WHEREAS, when an employee advances to a higher Step, he/she receives a two percent (2%; pay increase; a_nd, WHEREAS, it takes ten and one-half years to advance from Step A to Step CC; and, WHEREAS, when an employee reaches Step CC he/she is not able to advance to a higher Step, but does receive a cost of living adjustment in his/her Step when the entire payroll schedule is adjusted, and, WHEREAS, under the current system employees with over ten years continuous service with the City are frozen at Step CC; and, WHEREAS, longevity pay :*JOUld reward the employees for tt,eir long-term service <xrith the City and provide an incentive for them to remain in City service; and, WHEREAS, it is in the best interest of the City of Kenai to give certain employees frozen at Step CC a longevity pay bonus of two percent (2%). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.53.080 Longevity Pay is enacted as follows: 23.55.080 Longevity I~ay All regular employees who have been at Step CC for a period of at least two years as of July 31 shall be paid a longevity bonus of two percent (2%) of his/her base annual salary (i.e. excluding overtime). The longevity pay shall be paid just once a year on the August payroll. Notwithstanding the above, any employee who has received a Range increase or a non-cost of riving pay increase within their current pay Range in the 12 months prior to July 31 is not eligible for a Longevity Pay bonus. 9 Ordinance No. 2314-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thisfourth day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L, Freers, City Cierk Introduced: May 20, 200$ Adopted: June 4, 200$ Effective: July 4, 200$ 10 Suggested by: Administration CITY CBF KENAl (3RDIN4PICE N®. 2315-2008 AN ORDINANGE OF THE COUNCIL OF THE CITY OF KENAl, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,358.38 IN THE GENERAL FUND TO PAY FOR POLICE UNIFORMS AND EQUIPMENT. WHEREAS, the Kenai Police Department works cooperatively with the Drug Enforcement Administration (DEA) and Alaska Bureau of Alcohol and Drug Enforcement (ABADE) on Kenai Peninsula drug enforcementsnvestigations that directly impact the City of Kenai; and, WHEREAS, the Kenai Police Department has received °w" 1,358.38 from the DEA as equitable sharing of a cash forfesture from a Kenai area drug deafer; and, WHEREAS, 'the Kenai Police Department needs to provide new uniforms and equipment to one (1) Police Officer, and four (4) Seasonal Enforcement Officer positions during the remainder of FY08; and, WHEREAS, the funds to pay for these needed uniform supplies and equipment are not available within the FY08 budget; and, WHEREAS, the transfer of these funds to the Police, Operating Supplies account will assist the department with the purchase of these items. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI; ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: j+'prt"„nZtl.:re$ ~ 1,3.`18..z.~ Increase Appropriations: Police -Operating Supplies $1,358.38 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk Introduced: Adopted: Effective: Approved by Finance: (05/ 13/2008) hl May 20, 2408 June 4, 2008 June 4, 2008 11 Suggested by: Administration C1TX K?F KENAI pI2bINANCE Np. 2316-2flfl8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASItiA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $24,800 FOR REPAIR OF THE RETAINING WALL ON SOUTH SPRUCE STREET. WHEREAS, the retaining wall at the end of South Spruce Street was damaged; and, WHEREAS, th,e persons responsible for the damage will make restitution through their insurance companies; and, WHEREAS, the street department repairs and maintenance account does not have sufficient funds to meet this and other needs through the end of the year: and, WHEREAS, the administration recommends the estimated insurance proceeds be appropriated for the repair project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Restitution Increase Appropriations: Street Department -Repair and Maintenance $24,800 $24,800 my rru nrnr nr n vn •L.; .7 ..F T paSSED BY THE COUivCIL OF THE CIS } CF xv...~,,, r.,..zS.,r., ~.us fourth .,av „ une, ` 2008. PAT PORTER; MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance: (05/ 14/2008} ch May 20, 2008 June 4, 2008 June 4, 2008 13 Suggested lay: Administration CIT'fl OF KENAI ORDINANCE N0. 2317-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTI_NO KMC 13.20.030 PROHIBITINCr TRESPASS IN POSTED ENVIRONMENTALLY SENSITIVE SAND DUNE AREAS IN A PORTION OF THE NORTH SHORE OF THE KENAI BEACH WHEREAS, the North Shore area of the Kenai Beach contains environmentally sensitive sand dunes that are vital to the local beach eco-system; and, WHEREAS, increased use and activity on the North Shore, including the dip net fishery, has markedly increased the need for protection of the dunes; and, WHEREAS, motor vehicle and Jor foot traffic and activity on the sand dunes, and in particular the grassy areas on such sand dunes, has caused significant damage to them; and, WHEREAS, in order to protect the sand dunes from such damage, the City of Kenai Heads to fence off the environmentally sensitive areas and post them as "NO TRESPASSING;" and, WHEREAS, such fencing and(or posting may be either temporary or permanent depending on the need to protect the environmentally sensitive areas; and, WHEREAS, it is not the intent of this ordinance to reduce use or access to the non- dune beach areas of the North Share; and, WHEREAS, in order to enforce the "NO TRESPASSING" rule in the sand dunes, it should be a violation of the Kenai Municipal Code to trespass an such areas; and, WHEREAS, it is in the best interest of the City of Kenai and its citizens to enact an ordinance making it illegal to trespass on the posted sand dunes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that the City of Kenai Code of Ordinances is hereby amended by adding: 1. Anew section to be numbered KMC 13.20.030 which shall read as follows: .KMC 13.20.030 Protection off North Share Sand Dtanes [a] The intent of this section is to protect the environmentally sensitive sand dunes on a portion of the North Shore of the Kenai Beach. For purposes of this section the North Shore Is Ordinance No. 2317-2008 Page 2 of 2 area of the Kenai Beach is the area shown an Appendix III of Title 13 of the Kenai Municipal Code. [b] It is a violation; [i) to enter on sand dunes area(s) that are reasonablyy marked as "No Trespassing," or ii] to remain on such designated sand dune area after the person has been requested to leave the sand dune area by someone with the apparent authority to do so. [c] The City Manager or hisJher designee is authorized to cause the posting of signs designating "No Trespassing." [d] For purposes of this secfion, a "sand dune" is defined as a naturally occurring accumulation or sand ridges or mounds landward of the high water mark. [e]' The provisions o£ this section do not apply to govemrnental officials in the performance of their official duties, where such duties reasonably require the official to go upon the designated sand dune area. [fj A violation of this sectiati shall 're punishable as provided in KIVIC 13.Oo.010. A map titled "Appendix III," and attached to this ordinance, to be codified and included in KMC 13.20. PASSEII BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June, 2008. PAT PORTER, MAYOR ATTEST: Caxol L. Freas, City Clerk Introduced: May 20, 2008 Adopted: June 4, 2008 Effective: July 4, 2008 16 Ordinance No. 2317-200$ ~~ ~ ti. G ~ ~Q~ o'er / ~O ,~~( ~~~ I~ ~,~ o --~ ~~ ~ / ~ ~ ~~ ~--;--~ L ~~7 ! I ; I ~~' Appendix II{ 17 M s~~~~~ Nd ^~` _. - - `~~ E~,e ciEy o{ !/ "!/i`((a~e w~`t~r a Past Gity wit~t a Futuv°e" 210 Fidalgo Avenue, Kenai, Aiaska 99611-7794 ie ~~ 1 Telephone: 907-283-7535 /FAX: 907-283-3014 1992 MEMO: TO: Cify Council p~gpp~fjj((r (~ q V ~RaM DATE: Rick Koch May 28, 2008 SUBJECT: Ordinarsce 2317-200$ The purpose of this correspondence is to recommend adoption of the above referenced ordinance, This adoption of this ordinance will provide a necessary tool for the protection of the dunes on the north shore. At present damage to the dunes requires a citation be issued by a sworn officer mzder State law, the adoption of this ordinance will allow seasonal enforcement officers to write citations under the municipal code, if you have any questions please contact me at your convenience. 18 Suggested by: Administration CITY OF KE%AI RESOLUTION PIO. 2008-29 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A SOLE SOURCE CONTRACT TO KIDDE FIRE TRAINERS FOR X45,000 FOR SOFTWARE AND INSTALLATION SERVICES AT THE FIRE TRAINING FACILITY. WHEREAS, the City of Kenai owns the Fire Training Facility; and, WHEREAS, the City is responsible for major maintenance of the facility; and, WHEREAS, the computer software that controls the simulation props is obsolete; and, WHEREAS, the City has previously contracted with Kidde Fire Trainers for work at the facility; and, WHEREAS, it is in the best interest of the City of Kenai to continue using Kidde Fire Trainers for work on Che fire simulator control systems; and, WHEREAS, sufficient funds are available. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to enter into a sale source contract for $45,000 to Kidde Fire Trainers to upgrade the hardware and software that controls the f're 82mulat0?'Sat thr I+ire'fraLr~irLpo Farilify, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (05/22/2008) hl 19 Suggested by: Administration CITY OF Kenai EESOLUTION NO. 2008-30 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2008 AND ENDING JUNE 30, 2009, WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the tenth day of June; and WHEREAS, the Council has adopted the "City of Kenai 2008-2009 Annual Budget," which estimates property tax revenue based upon a tax rate of 4.5 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 2008 and ending June 30, 2009 be fixed at 4.5 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:_._ (05/22/2008) hl 21 Suggested by: Administration CITY OF KENAI RESOLUTION NGI. 2Q0~-31 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $20,000 IN THE AIRPORT FUND FOR PAVEMENT MAINTENANCE. WHEREAS, the Airport Fund Airfield Department Repairs and Maintenance budget needs to be increased to allow for necessary pavement repairs; and, WHEREAS, funds are available in the Airfield Department Improvements Other than Buildings account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Fund From: Improvements Other than Buildings $20,000 To: Repairs and Maintenance $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June 2608. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk Approved by Finance: (05/23/20084 hi 23 ~/ `•~i'lla~e with a bast, City Lvit~t a Fr~tuYe" s ~~,~r,~~„~~,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~o~„ _, Telephone: 907-283-7535 /FAX: 907-283-3014 fC~~l1 -,~^'° 1552 ~\ ~j1C ~GL~~af KERAI. ALASKA MEMO: TO: City Council FRAM: Rick Kach t}ATE: May 28, 2008 SUBJECT: Resolution 2008-31, Transferring 20,000 far Pavement Maintenance The purpose of this correspondence is to recommend adoption of the above referenced resolution. This action will transfer $ 20,000 that was not expended on a parking lot project fo support a pavement maintenance project {sealing} on an area of the general aviation apron, which will be leased For aircraft parking. The lease rates charged will reimburse ±he Airport for this pavement sealing in approximately tlnee years: If you have any questions please contact m.e at your convenience. 24 Suggested by: Administration CITY OF KENAL RE80LUTICIN NO. 2008-32 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $14,016 IN THE WATER AND SEWER FUND TO REPLACE LIFT STATION PUMPS. WHEREAS, wastewater lift station pumps in the Inlet Woods Lift Station need to be replaced with three phase pumps to handle increased demands as the area has built up; and, WHEREAS, funds are available irZ the Sewer Department Contingency account, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Water and Sewer Fund From: Sewer- Contingency $14,016 To: Sewer -Repair and Maintenance $14 016 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (05/2'7/2008) hl 25 Suggested by: Administraiion CITY OF KENAI RESOLUTION 2008-33 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SELECTING WINCE-CORTHELL-BRYSON FOR ARCHTTECTiTRAL/ ENGINEERING/ ENVIRONMENTAL 8v CONSTRUCTION MANAGEMENT SERVICES FOR KENAI MUNICIPAL AIRPORT CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the City of Kenai received proposals from the following firms on April 24, 200$: W ince-Corthell-Bryson Hattenburg Di11ey & Linnell ;and, WHEREAS, this selection is to provide professional architectural, airport planning, engineering, environmental, and construction management services for various airport projects; and, WHEREAS, the term of this contract shall be for three years from the date of award with an option to renew for two (2) additional one-year periods upon mutual consent of Wince-Corthell-Bryson and the City of Kenai; and, WHEREAS, each individual project will be negotiated and the fee schedule may be adjusted for each project; and, WHEREAS, the selection is contingent upon FAA approval and funding; and, WHEREAS, the Council of the City of Kenai has determined fihat the award to Wince- Corthell-Bryson would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CI1 Y OF i{E\~Ai, ALASKA, that Wince-Carthell-Bryson is selected far ArchitacturalJ Engineering/ Environmental & Construction Management Services for the Kenai Municipal Airport Capital Improvement Projects. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this fourth day of June 200$. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk(~~ Approved by Finance: V ~~"' 27 Suggested by: City Manager City of Kenai a~soau~aoN uo. 2oos-;~4 A RESOLUTION OF THE COUNCIL OF THE CITY OF ICENAI, ALASKA DECLARING THAT A ZAMBONI BE CONSIDERED SURPLUS AND AUTHORIZING TRADE WITH THE CITY OF PALMER FOR AN ATCO TRAILER, A LARGE VOLUME EXHAUST FAN, AND OTHER MISCELLANEOUS ITEMS. WHEREAS, one of the City of Kenai's Zamboni's has been replaced with a newer model; and WHEREAS, the City of T{enai has need of an ATCO trailer, a large volume exhaust fan, and other miscellaneous items; and W`rIEREAS, it is in the best interest of the City of Kenai to negotiate a trade far these items with the City of Palmer. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IiENAI, ALASKA, that the City of Kenai's Zamboni (1975 Model No. HDB, Vehicle Serial No. HDB22$0 -Unit # PR002j is declared surplus and a trade is authorized with the City of Palmer for an ATCO trailer, a large volume exhaust fan, and other miscellaneous items. FASSED BY THE COUNCIL OF THE CITY OF IiEiv'AI, ALASKA, ties fourth day cf „rune, 2nng. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~~~ (S/29/OSj kh 29 State of Alaska Alcoholic Beverage Control Board Date of Notice: April 28, 20D8 Application Type: 1VLW X Governing Body: m~:it5 0l' IGe~nai Community Councils: None 'Please Write the correction in red.. TRA.'VSFER Ownership Location Name Change License #: 4794 License Type: Beverage Dispensary Tourism D.B.A.*: Samm McCiee's lzc. Licensee/Applicant: Samm MlcGee's loc. Physical Location; 1.0352 Kenai Spur Ilwy Mail. Address: 3031. Palmdale Dr lUasiil.a AK 99654 Telephone #: 907-376-2822 907-376-2822 Fax EIN: 518-G8-0616 CorpJLLC Agent: Address ~ Phone Date and State of Good standing? Limited ~ Rohert B Gray 3031 Palmdale '~ 9Q7-376- May 9, 2007 Yes VJasilla AK 99b'S4 ~ 2$22 Alaska ._ Please note: the Members/Officers/Directors/Shareholders (principads) listed below are the priacipai me~rebers. there may be additional members that we are not aware of because they are not primary members. We have listed all nrincinal members and those who hold at IeasP 10% shares. 1v"tember/tTfireerlDirector: DGB ~ i Address G Pi'ior~e ~ TitieiShares ~ioj Robert B Cn~ay ~ 5!1/53 ~ ~ 3031 Palmdale Dr Wasilla AK 99654 907-376-2822 Presid~eart >0°~ i Anne K Gray E 2/13/58 ~ ~ 3031 Palmdale Dr ~ Wasil}a AK 99654 ----- 907-3'76-2822 '~ SeclTres 50% u i -I I i If transfer application, curnent license information: License #: NIA Current D.B.A.: N/A Current Licensee: NIA Current Location: N!A Additional comments:. Restaurant Resignation Application will be seat via US mail. ORIG[NAL APPLiCAT1ON MUST BE RGTURN'ED. **Date of Birth * Doing Business As Ce: Kenai Peninsula Borough 31 ~,~.~„~~~,.-NC.~e~, rte: A local governing body as defined. under AS 04.21.080(11} may protest the approval of an applications} pursuant to AS 04.11,480 by furnishing fhe board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is fried, the board will not approve the application unless it #inds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will norify the applicant that the application is denied for reasons stated in the protest, The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62- 630. IF THE APPLICANT RI;QUIrSTS A HEARING, THE LOCAL GOV1RNI1~'G BODY MUST ASSIST IN OR UNDERTAKE THL DEFENSE OF ITS PROTEST. Under AS 04, 11.420(a}, the board may not issue a lioense ar permit far premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a vazianee of the regulation or ordinance has been approved. L7nder AS 04.I 1.420(b} municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified Dopy of the regulation or ordinance if you have not previously done so. Protest under AS 04.1 L480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(x) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. I'or additional information please refer to t 5 AAC 104.145, Leca1 GevP,m=ng Body ?'rotest. Note: Applications applied for under AS O4.I 1.400(g),15 AAC 104.335(x)(3), AS 04.11.090(e}, and 15 AAC 104.b60(e} nurst be approved by the governing body. Sincerely, ~s~~eda~aiami(fo Reeda Jaramillo Business Registration ]/xaminer A[eahoiie IIeverage ControP Board 5848 E. Tudor ltd Anchorane, AK 9950'~2Voice (907} 269-0356 -Fax (907} 272-9412 MAY-23-2008 FRI 01.23 PM KENAI PENN BOROUGH GLERK FAX R0~ 907 262 8615 P, 01/01 ti ~•~~~ 144 N. BINKLEY ST • SOLDC+TNA, ALASKA ° 99669-7520 ~,, PHpNE: (907} 714-2160 • FAX: (907} 714.2368 ~~~ Tolf-free within the Borough: 9 •SDO-478.4441, Ezt. 2160 ~~'~,,,~...°~ ~"` EMAIL assernblyclerk@boraugh.kerai.ak.us SHERRY BIGGS, CMC BOROUGH CLARK May 23, 2U08 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control 13oard 5845 E° Tudor Road Anchorage, AK 99507-1.286 l:a; Application foa° 'dew Licluar Licence #4794 Dear Ms, Williams: Fioase be advised. that tho Kenai Peninsula Boraugla has no objeotion to the approval aftlae following application for a liquor license of this establishment locatod in the City of TCenai, Alaska: Beverage Des~tensary Tourism Samm McGce's Tnc. #4794 Tize KenaiFeninsulaisorough rinaneeDegartttaetethssrevieviediis iucs andhasraisedno objection based an unpaid or dolinquent taxes. ~inCCTely, Joluxi Blankenship, CMC Aoting 8oraugh Clorlt cc: Applicant City of iGenai I~PB Finance DeparGrrtenC File 33 AGENDA KENAI CITY COUNCIL -REGULAR MEETING MAX 20, 2008 ?:DO P.M. KENAI CITY COUNCIL C BERS http: / /www.ci.Ieenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. .Roll Call 3. Agenda Approval 4. Consent Agenda rA11 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 S: SCIiEDULED PUBLIC COMMENTS (10 minutes) 1. Brenda Ablberg, Executive DcrectoaJBoys 8s Girls Clubs of the Kenai Peninsula. -- Update ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUItLIC HEARTNGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2303-2008 -- Enacting KMC 21.OS.OSS Establishing a Fuel Flowage Fee of Three Cents ($0.03) Per Gallon of Fuel Delivered to the Kenai Municipal Airport. 2. Ordinance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Su: (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential. 3. Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by X35,000 in the Airport Special Revenue Fund and the Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering. Ordinance No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving. 35 5. Ordinance Nc. 2307-2005 -- Transferring $71,731 in the General Fund and Increasing Estimated Revenues and Appropriations by $71,731 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 6. 6rdinance Na. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Dock Department for Fuei. Ordinance No. 2309-2005 -- Increasing Estimated Revenues and Appropriations by $11,457 in the General Fund for Professional Services at the Multi-Purpose Facility. Ordinance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing th.e Minimum Distance Between Oil and Gas Well Drilling Locations and Residential or Commercial Buildings From 200 to 600 Feet Unless the Written Permission of the Owner is Obtained. Resolution No. 2008-26 -- Authorizing the Purchase of 12.5 Acres of Property Described as Tract A1, Birch Fields Subdivision, Kenai Well Addition, Third Recording District, Kenai, Alaska From the Kenai Peninsula Borough, for $1.06, for a Well Site and Other Public Facilities. 10. Resolution No. 2008-27 -- Approving the Form for the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter Into Such Agreements with ERA Aviation and Grant Aviation, 11. Resolution No. 2005-28 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Thompson Park Paving LID - 2008 for the Total Amount of $6'74,330. 'aTEM s= iiiNITTEo 1. *Regular Meeting of May 7, 2008. 2. *Notes of April I6, 2008 Council Work Session 3. *Notes of April 21, 2008 Council Budget Work Session ITEM G: UNE'INISIiEl3 SUSINESS ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 *Ordinanoe No. 2311-2008 -- Finding that Certain City-Owned Land, Identified as TSN R11W SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated for Park Purposes. 36 4. *Ordinaaee No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. 5. *Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 6. *Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. 7. *Ordinance N®. 2315-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police uniforms and Eguipmenf. 8. *Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. 9. *Ordsxsaxece No. 2317-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion. of the North Share of the Kenai Beach. ITEM [: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5, Parks 8v Recreation Commission 6. Planmi_ng 8 Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS City Manager Attorney City Clerk ITEM L: DISCUSSYON 1. Citizens (five minutes) 2. Council 37 ITEM M; PENDINCr LEGISLATI®N (This item. Lists legislation which will be addressed at a later date as noted,) E%ECLPTNE SESSIOAT -- Annual Evaluation of City Manager ITEM N: 38 .C~ENAI CITY COUNCIL -REGULAR MEETING MAY 20, 2008 T:00 P.M. IiENAI CITY COUNCIL CHAMBERS http: /lwcvw.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hail Building. A-1. PLEDGE OF` ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The Deputy City Clerk took roll. Present were: Rick Ross Pat Porter Absent wasr Linda Swarner, Vice Mayor A quorum was present. A-3. AGENDA APPROVAL Mayor Porter noted the following requested changes: ADD: Item B-2, Persons Scheduled to be Heard -- Dale Sandahl, Chairperson, Parks 8v Recreation Commission -- Covered Sports Facility ADD TO: Item E-10, Resolutian No. 2CI08-2? --Memorandum -- Change to Airline Operating Agreement and Terminal Area Lease MOTION: Council Member Smalley MOVED for approval of the agenda including the lay down items and Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4, CONSENT AGENDA 39 KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 6 MOTION: Council Member Smalley MOVED for approval of the consent agenda and Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. *PSl 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 he 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 an the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-I: .Brenda Arlberg, Executive DirectorjBoys & Crirls Clutss of the lKenai Peninsula -- Update Ahlberg reviewed th.e update included in the packet, noting the decrease in activities in 2007 was due to the. Arctic Winter Games in 2006. On May 22, 2008, Linda Wilsey would presort a training and evaluation of the Teen Center, paid for by a, grant from Taco Bell. On June 2, 2008, there would be a tour of the faciliiy with national representatives from the Bays 8s Girls Clubs; Ahlberg invited the City Manager and Mayor to attend. A Police Athletic League Grant (PAL) of $20,000 was awarded to the facility with a focus on law enforcementJclub partnership. B ~: Daie Sanc`lahi, Chairperson/Parks 8v Recreatian Commission -- <~_ Covered Spurts raeiu~y Sandahl presented information an the possibility of a covered sports facility in the Central Peninsula area, noting a presentation given to the Commission by $rian Hoisington. The Kenai Peninsula Borough School District contacted the City of Soidatna with interest in a dome near the Sports Center, Sandahl would meet with the Parks & Recreation Commission to discuss feasibility and needs of the area. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. ITEM D: REPORTS OF KPB ASSEMBLY LES'aISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARD?Tt'sS (Testimony limited to 3 minutes per speaker.} 40 KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE r E-1. Ordinance No. 2303-2008 -- Enacting KMC 21.05.085 Establishing a Fuel Flowage Fee of Three Cents 00.03) Per Gallon of Fuel Delivered to the Kenai Municipal Airport. ~oTaoN: Council Member Molloy 1YiO'VED for approval of Ordinance No. 2303-2008 and Council Member Eldridge SECONDED the motion. There were na public comments. Council comments included concern over the possible hardship for some Lessees. VCtTE: MOTLf3N PASSED UNANIMCIUSLY. E-2. PJrdixnance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Sig: (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential. MCTIt1N: Council Member Eldridge Mf3VED for approval of Ordinance Na. 2304-2008 and Council Member Ross SECONDED the motion. There were no public comments. Council comments included concern over Loss of conservation lands. It was noted private land was not regulated. V®TE: Eldrid e YES !Ross YES Mollo NO Boyle NO f Porter YES Swarner ABSENT Smalley YES ~ a Mt7TYC1N PASSED. E-3. Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Special Revenue Fund and the 41 KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 8 Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering. MOTION: Council Member Molloy MOVED for approval of Ordinance No. 2305-2008 and Council Member Eldridge SEC®NDED the motion. There were no public comments. Council comments included questions regarding this ordinance being a new contract or an addition to the original contract; this ordinance would add to the originai contract. VOTE: MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving. MOTION: Council Member Eldridge MOVED for approval of Ordinance No. 2306-2008 and Council Member Smalley SECONDED the motion. There were no public or council comments. VOTE: E-S. Ordanasece No. 2307-200$ -- Transferring $71,731 in the General Fund and Increasing Estimated Revenues and Appropriations by $71,737. in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 42 MOTION PASSED UNANIMOUSLY. IiENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 9 MOTION: Council Member Molloy MOVED for approval. of Ordinance No. 2307-2008 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: E-6. Ordixxanee N®. 2308.2008 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Dock Department for Fuel. MOTION: Council Member Eldridge MOVED for approval of Ordinance No. 2308-2008 and Council Member SmaIley SECONDED the motion. There were no public or council eomrnents. VOTE: E-7. Ordinance N®. 2309-2008 -- Increasing Estimated Revenues and Appropriations by $11,457 in the General Fund for Professional Services at the Multi-Purpose Facility. MOTION: Council Member Molloy MOVED for approval of Ordinance No. 2309-2008 and Council Member Ross SECONDED the motion. 43 MOTION SASSED €3NANYMOfSSLY. MOTION PASSED UNANIMO€TSLY. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 10 MOTION PASSED UNANIMOUSLY. E-8. Ordinanoe No. 23I0-2008 -- Amending KMC 5.35.040 by Increasing the Minimum Distance Between Oil and Gas Well Drilling Locations and Residential or Commercial Buildings From 200 to 600 Feet Unless the Vdritten Permission of the Ov/ner is Obtained. MOTION: cauncil Member Smalley MOVED far approval of Ordinance No. 2310-2008 and Council Member Eldridge SECONDED the motion. There were no public or cauncil comments. VOTE: E-9. Resolution No. 2008-26 -- Authorizing the Purchase of 12.5 Acres of Property Described as Tract A1, Birch Fields Subdivision, Kenai Well Addition, Third Recording District, Kenai, Alaska Fram the Kenai Peninsula Borough, for $1.OQ, for a Well Site and Other Public Facilities. MOTION: Council Member Molloy MOVED far approval of Resolufion No. 2008-26 and Council Member Smalley SECONDED the motion, requesting UNANIMOUS CONSENT. MOTE: There were no objections. SO ORDERED. 44 MOTION PASSED UNANIMOUSLY. There were no public or cauncil comments. VOTE: KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 1I E-10. Resolution No. 8008.27 -- Approving the Form for the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter Into Such Agreements with ERA Aviation and Grant Aviation. Moar®N: Council Member Molloy MOVED for approval of Resolution No. 2008-27 and Council Member Eldridge SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2008-27 by deleting subsection A.6. in Exhibit D of the Airline Operating Agreement and Terminal Area Lease. Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE ON THE AMENDMENT: MOTION TO AMEND PASSED UNANYMOUSLY. MOTION PASSED UNANIMOUSLH. E-i1. Resolution No. 2088-88 -- Approving a Contract to Alaska Roadbuilders, Inc. £ar the Project Entitled Thompson Park Paving LID - 2048 for the Total Amount of X674,330. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2008-28 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. 45 VOTE ON MAIN AMENDED MOTION: KENAI CITY COUNCIL MEETING MAY 20, 2(708 PAGE 12 ITEM F: MINUTES F-1. Regular Meeting of May 7, 2005 -- Approved by consent agenda. F-2. Notes of April 16, 2005 Council Work Session -- Approved by consent agenda. F-3. Notes of April 21, 2008 Council Budget Wozk Session -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. M H: NEW BUSINESS H-1. Bills to be Ratified MOT%ON: Councff Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE; There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED for approval of purchase orders exceeding ~ 15,000. Council Membor Eldridge SECONDED the motion and requested UNAN%MOUS CONSENT. VOTE: There were no objections. SO ORDERED H-3. Ordinance No. 2311-2008 -- Finding that Certain City-Owned Land, Identified as TSN R11W SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated far Park Purposes.. Introduced by approval of consent agenda. 46 KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 13 II.4. Ordinance No. 2312-2008 -- Amending KMC 14.OS.OIO by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. Introduced by approval of consent agenda. Ii-5. Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. Introduced by approval of consent agenda. H-6. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Froviding for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. Introduced by approval of consent agenda. H-7. Ordinance No. 23L5-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. Introduced by approval of consent agenda. H-8. Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining wau on South Spruce Street. Introduced by approval of consent agenda. Ii-9. Ordinance No. 2317-2008 -- Enacting KMC 13?0.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. Introduced by approval of consent agenda. ITEM I: COMMISSION/COMMYTTEE REPORTS I-2. Council on Aging -- Council Member Eldridge reported he was unable to attend the meeting. The meeting summary was included the packet. I-2. Airport Commission -- Council Member Molloy reported there were concerns regarding the draft ethics ordinance and comments were emailed to the City Attorney. 47 KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 14 I-3. Harbor Commissian -- Council Member Boyle reported there was discussion related to the dip net fishery and a there was a site visit to the Bird Viewing Platform at the City Dock. I-4. Library Commissian -- Council Member Smalley noted there had not been a meeting since the Iast council meeting. Library Director reported on the Rasmuson grant site visit. I-5. Parks Sv Recreation Commission -- Council Member Eldridge reported the next meeting would be Juiy 3, 2008. Mayor Porter noted an application in the packet from Lee Ann Magiera and appointed her to the Parks &, Recreation Commission. I.6. Plann9ng 8~ Zoning Commission -- Council Member Ross reviewed the meeting summary included in the packet. I-7. Miscellaneous Commissians and Committees I-7a. Beautification Committee -- Mayor Porter attended for Council Member Swarner and reviewod the meeting summary included in the packet. Porter requested $300 from the Legislative budget for food for the volunteer planting date scheduled for Saturday, June 7, 2005. Council stated no objections. I-'Tb. Alaska Municipal League Report -- Council Member Smalley noted the summer meeting would be held in %Vrangeli in August. T-7c. Mini-Grant Steering Committee -- Mayor Porter noted the committee would meet on Thursday, May 22, 2008. ITI+:M J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She attended the Art Show, the Air Fair, the BP Dinner awarding excellence in teaching, the Rasmuson site visit, and the First Responders Award dinner. • She took the winner and runner up in the Caring for the Kenai contest to lunch. • She parflcipated in the planning of the State's SOth anniversary party. • She threw out the first ball at the first Little League game. • She met with the City Manager and Representatives from Pioneer OiI, noting they would like to have a site ~risit and invited the council to attend. • She took the pearl earrings for Britt Harding to Jon Lillivik at Kenai Central High School to be presented to her during the awards banquet. 4~ KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 15 • She requested money to purchase a tree and plaque for Vince O'Reilly to be placed in memorial Park. MOTION: Council Member Smalley MCY~7ED to approve purchasing a tree and plaque in honor of Voice O'Reilly and requested UNAtYIMOU5 CCSPISENT. Council Member Eldridge BECC9NDED the motion. There were no objections. ~® ORDERED. ITEM K: ADMIAIISTR~TICBN REIaCERTS K-l. City Maaager -- City Manager Koch noted the following: • He would be meeting with o~mers from Dena'ina Point Estates on May 22, 200$ to encourage the process of subdivision. • The culvert at the boat launch would be installed prior to the dip net fishery. • He supported monitoring of hydrocarbons at Mile 5 and Mile 1.5 of the Kenai River and would continue to write to DEC for consideration. • Fencing would be installed around the dunes by the end of May. • There was a small grass fire on the dunes earlier in the month. • The Thompson Park LID bid had been awarded. • A petition for an LID for Ames Road would be presented at the next meeting. Km2. 4ttorney -- City Attorney Graaes noted the first of the minimum standards would be discussed at the next Airport Commission meeting. Council Member Ross requested the ethics ordinance be brought before the Council at the June 4, 2008 meeting. Council Member Ross thanked the Mayor and the Pofice Department for their support of the recent Soap Box Derby race. K-3. City Clerk -- None. ITEM L: DISCUS~IOPT I.-1. citizens Robert Ruffner, Kenai Watershed Forum -- Gave a brief overview of the progress on the Bird Viewing Platform at the City Dock. City Manager Koch introduced new Public Works Director Wayne Ogle to the Council. 49 KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 16 L.-2. Cousxcil SmaAey -- Enjoyed attending the awards dinner and seeing former students. Eldridge -- Noted his pleasure uz the Rasmuson Foundation being receptive to the Library Expansion and the Kenai Historical Society's cabin moving projects. Ross -- None Molloy -- None Boyle -- None ITEM M; PENDINv LE aISLATION (This item lists tegislatiori which will be addressed at a later date as noted.) -- Annual Evaluation of City Manager MOTION; Council Member Molloy MOVED to convene into an executive session of the Council of the Gity of Kenai, concerning matters that could prejudice the reputation and character of another, specifically the annual evaluation of the City Manager. Council Member Eldridge SECONDED the motion. dTOTE: MOTION PASSED UNANYMOUSLY. EXECUTIVE SESSION CONVENED: 8:30 P.M. BACK TO ORDER: 1B:3Q P.M. Council Member Molloy reported the council met in executive session to conduct an evaluation of the city manager. The council did not finish their discussion and would reconvene in executive session at the June 4, 2008 City Council meeting. ITEM N: There being no further husiness before the CouncIl, the meeting adjourned at approximately 10:39 p.m. 50 KENAI CITY. COUNCIL MEETING MAY 20, 2008 PAGE 17 Minutes prepared and submitted by: Corene Hall, Deputy City Clerk sx O ~ m gy M W ( p ~ {lj t(j w (D ~- N N ~"7 _) tt7 N M O CY O CY C7 a a as a 9 ~ v w a i ~ > '~ i a Il. > O ~ C7 d ~ 5 W ~ ~ -~ u z r a L U h I~ W W ~! J F !^ ~ J Q _! ~ ~ ~ ~ ~ ~ ~ ~j~ } ~ ~ ~ ~ ~_ Q ~ ~ ~ ~' W d ~ il.t ~ ~ ~ Q ° v v ~ U } W ~ ~ w J n. tr. <°r a ¢ V U w 53 N tW[ 6 O r N W a C7 W O U W T U Z O ° 0 o 0 o ~ ci 0 0 ~n o rn r- ~ N N V z 0 U y 2 O Q d C Q ,~, C3 2 Q V W U7 Z z cs ~~ o °a O N d V' o w ui ~ us ~ w ~ o W ~ d ~ tl: ® W !id ~ 6 J ~ V ~ Q a ca N w J a U' 2 h d O U O w LL J W v 0 w u"~ z W K F 2 W Z (Qt} Q w U z a Z w r z a C7 z r z w w w z a w 0 u. 0 0 Z ~S a6 K O O W ~U wW ~~ ca. a ~~ c~i cp~{, L~1 U C1 S V 5 a m (IJ z z 0 U O U Z W a Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2318-2408 AN .ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $501,632 IN THE UREA STORAGE BUILDING FUND FOR CONSTRUCTION. WHEREAS, the FAA has offered the City of Kenai a grant iri the amount of $488,769 for design and construction of a urea storage building; and, WHEREAS, the FAA grant covers 95% of the total project cost of $514,494; and, WHEREAS, it is in the best. interest of the City of Kenai to accept the grant for its stated purpase; and, WHEREAS, the State of Alaska is expected to cover half of the required match of S%; and, WHEREAS, the Airport Fund has already transferred $?0,000 to *.he project, which is greater than the required match. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Urea Storage Building Capital Proiect Fund Increase Estimated Revenues: Federal Grant $488,769 State Grant 12.863 $501,632 Increase Appropriations: Construction $501,632 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 4, 2008 Adopted: June 18, 2008 Effective: June 18, 2008 Approved by Finance: (OSJ20/2008j hl 57 Suggested by: Councilor Swarner CITY CF I{ENAI ORDINANCE NO. 2329-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE ETHICS RULES FOR ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOYEES BY AMENDING THE EXISTING KMC 1.85.060 and 070. WHEREAS, KNIC 1.85.060 (Conflicts of interest prohibited) currently regulates conduct of elected and appointed officials and city employees; and WHEREAS, properly functioning municipal government requires ethical behavior by public officials and employees; and WHEREAS, reasonable standards of conduct are needed for elected and appointed public officials and city employees in order to maintain the public's trust in municipal government; and WHEREAS, the current conflict of interest rules need to be replaced by a more comprehensive set of guidelines for council and commission members and city employees; and WHEREAS, it is in the best interest of the City of Kenai to amend KMC 1.85.060 and A70. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA. that KMC 1.85.060 and .070 is amended as follows: 1.85.060 Conflicts of interest prohibited. {a) A municipal officer, appointed commission member, or employee of the City of Kenai may not so&cit or receive money for advice or assistance given in the course of their official. duties for the City of Kenai. (b) A municipal officer, appointed commission member, or employee of the City of Kenai may not represent a client before the City Council for a fee. However, a (c) A municipal officer, appointed commission member, or employee of the City of Kenai may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that he/she will cast a vote or given an opinion, decision, or judgment in a particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or 59 Ordinance No. 2319-2008 Page 2 of 4 employee will, in his/her official capacity, act in a particular manner to produce ar prevent a particular result. (d) No Council or Commission Member may vote an any question in which he she has a substantial direct or indirect financial [PECUNIARY] interest. Direct or indirect financial [PECUNIARY} interests shall be disclosed to the presiding officer prior to a vote on the question and the presiding officer shall determine whether the financial interest exists and whether the prohibition from voting is applicable. A decision by the presiding officer may be overridden by a unanimous vote of the members present, exclusive, of the member presenting the possible conflict. ll these factors: (i] Whether the financial interest is a substantial part of the consideration; (iij Whether the financial interest directly and substantially varies with the outcome of the official action (iii] Whether the financial interest i immediate and known or coniectural (iv} Whether the financial or private interest is sizxuhcant monetaruy; (v) Other factors deemed appropriate by the presiding officer under the ll A municipal officer commission member or employee of the Citv of Kenai may not use ar permit others to use any property owned by the city for profit or personal use or benefit, except; (1} ""^°r oval'^'~,~ +^ +~~ ub"^ oily ar+^ ^'° ^f r=side^ts >he sa:n p terms and conditions; (2) When permitted by written personnel policies a»»roved by the City of Kenai (3j When in the conduct of official business used in a relatively minor way for personal convenience.. ifj A municipal officer commissioner or em»loyee of the City of Kenai shall not take or participate in official action on matters other than minor or routine issues, affecting a former employer for a period one veer from the date of termination of the »rior employment. jg} A City employee may not participate in an official action in which he/she, or a member of his/her household has a substantial financial interest. jh] A municipal officer commissioner or employee of the Citv of Kenai who leaves municipal service may not for one year after leavine municipal service. represent. advise or assist a »erson for compensation regarding a matter that was under consideration by the city if the person participated personally and substantially in the matter through the exercise of official action. This restriction on employment after 60 Ordinance No. 2319-2008 Page 3 of 4 ' leaving municipal service does not prohibit the city from contracting with a former city employee, commissioner or municipal officer on a matter on behalf of tYze city. The City Council may waive application of this restriction upon determination that a proposed action is not adverse to the public interest. A municipal officer, commissioner or employee of the City of Kenai is prohibited from bidding upon or otherwise obtaining any~ropertv which is unneeded or surplused by the city unless that person can satisfactorily demonstrate to the City Manager, or city council. if the person is a City Manager or Council Member, that no reasonable conclusion could be made that the person possessed knowledge about the property which would not be readily obtainable or observable to a member of the general public .(j,) A current or former municipal officer, commissioner or employee may not disclose or use information gained in the course of, or by reason of the person's official duties that could reasonably result in the receipt of any substantial personal or substantial fmancial benefit for the person or hislher immediate family member unless the information has also been disseminated to the public. 1~ A current or formal municipal officer commissioner or employee may not use or disclose without appropriate authorization. information acquired in the course of official duties that is confidential. (m) The Citv Clerk shall cause a copy of this section to be distributed to every municipal officer, commissioner and employee of the City of Kenai within thirty days after its enactment. Each municipal officer, commissioner and employee elected, appointed or engaged thereafter shall be furnished a copy before entering into the duties of hislher office or employment. 1.85.070 Definstions as used in this chapter. (a) "Municipal Officer" means the Mayor, City Manager, Members of Council, City Attorney and City Clerk. (b) "Source of Fhcome" means an employer, other person, or entity pa5ring compensation, dividends, or interest, directly or indirectly, for services, products, or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, or corporation in which the reporting person, spouse, or children; or a combination of them hold a controlling interest, that proprietorship, partnership, or corporation may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers. In all other 6r If any section or provision of this ordinance is held to be contrary to law by a Ordinance No. 2319-2005 Page 4 of 4 cases, the clients or customers of the proprietorship, partnership or corporation shall be listed as sources of income of the person whose income is being reported, the spouse, children, or a combination of them holding a controlling interest. ll "Financial interest" means the receipt of financial benefit or the expectation of receivine financial benefit A financial interest includes a financial interest of any officer or employee of the ar¢anization A financial interest also includes appearance jel "Official action" means a recommendation, decision, approval, disapproval vote on other similar action including inaction by an employee whether such action is administrative legislative, quasi-iudicial, advisory or otherwise. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighteenth day of June 2008. PGT P(:RTER jt/fAVQT2 ATTEST: Carol L. Freas, City Clerk Introduced: June 4, 2008 Adopted: June 18, 2008 Effective: July 18, 2008 62 an affiliation with an organization solely as a volunteer, club member, or the like: or (ii) a personal or fmancial interest of a tune which is eenerally shared in common with the public or a lame class of citizens. CITY ®F IICEIVAI 2101'~7DALC70 AVG., ICr.NAI, ALASKA 9961 i-77ti4 '`4 TGLEPHONI: 407-283-7535 FAX: 907-283-3014 ^~~ 1®A ® 1® R 11 L ~ t®1 TG: Mayor Porter and the Kenai City CouuciI FROM: ~~~Cary R. Graves, City Attorney DATE: May 28, 2008 it)J: ®rdinanee Na. 2319-2408 Attached is Ethics Ordinance No. 2319-2008. It has three changes from the draft that was in the pactcet on Apri] 16, 2008. The first one is the proposed new language in IC:MC 1.85.060(b). In general, that subsection prohibits an employee ar commissioner from representing client's in front of the Cowrcil. 1"'he change would allow a commissioner to represent clients before a cormnissian or the Council if it does not involve a matter that has come before the member's commission. Here's an example; if a surveyor were on the Parks and Recreation Commission, he(she could, not now represent a person on a Planning and Zoning appeal to the Council/I3oard of Adjustment even though the case has nnthing to do with his/her duties as a Parks and Recreation Commissioner. This exception would allow him/her to represent a eiie~+t as long as it did not involve a n,~tter that was before the Parks and Recreation Commission. This change was made at the suggestion of the Airport Commission. There were three comments from Airport Commission members about the draft. Attached. is an e-mail from Councilor Molloy summarizing the three comments. I did not include the other two changes because I thought they were of such a substantive nature that Council needed to make the call. The two other changes would exempt some advisory commissions from the conflict of interest rules. The second change adds a new subsection. in KMC 1.85.060(h). It prohibits an employee taking an official action on an issue in which helshe has a substantial financial interest. For example, if 1 applied fox a lease of city property I could not participate in the adminish~ative review and processing of the lease. The third change adds a definition of "official action'" to KMC 1.85.070(e). Since the ordinance will not have a public hearing until .Tune 18`h, there is plenty of time far comments and suggested. changes. Comments are welcome from the Council; staff, and the 63 public. New comments received will be relayed to Council in the next packet. I would appreciate if Council would let me know ahead of June IBth of any amendments or substitutes so I can have time to put them down in writing before the public hearing. That should make the amendment process go smoother. On a related note, we are working on draft disolosure forms far the Cite if we opt ont of the state APOC reporting requirements- They wilt be in the packet for the June 18t~' meeting along with a memorandum outlining what the City reporting requirements will be if there is an opt out. Please let me know if you. have any comments or questions. 64 Cary Graves From: Bab Mo6oy [bob@matloyEorcounclLcomj 'Sent: Friday, May 09, 2008 1:33 PM To: Cary Graves Cc: Mary Bondurant; Linda Swarner; Henry Knackstedf Subject: Airport Commissioner Comments on Draft Ethics Ordinance Y.i Cary Some of the A7.rport Commissioner Comments on the Draft Ethics Ordinance included the following: 1. Consider eliminating purely Advisory Commissions from the ordinance, so that the ordinance applies only to Counoil, P & Z, and employees. 2. Alternatively, consider that rot all Commissiors are the same, and how does that fact relate tc the ordinance. This issue came up in the context cf the discussion of the ordinance over fuel flowage charges. Airport Commission, by Code, has specific designated seats, .such as FBO Opera Y,or. 2'he FBO Operator (and, other seats) may have a substantial direct financial interest. in the outcome on that ordinance, and so could not vote if KMC 1.85.060(d) was in effect, yet the City wants `:hem on the ..^,om*nission and wants their views. The change in. the Eti:i cs Code may requira a chance in t're code on the composition of the Airport Casmissica, or require the current commissioners is some of the designated seats to have to resign, unless some accammodatior, is made in the legislation. 3. There was some concern expressed that current code 1.85.060 (b) is too broad. An appointed Commission member (non- F & Z) who~is an .engineer, for example, may need to represent a client *_c P & Z,then 'ahe c'_ient might be involved in an appeal to Council. Current Code 'would disqualify chat non P & Z Commissioner Prom representing tYie client before Council for a fee. Since the appea' matter is unrelated to the appointed commissioner's dutias, it was felt that (b) is too broad, Bob Mciloy 65 Suggested. by: Mayor/City Attoxney CI2'Y OF KENAI ORDINANCE NO. 2320-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.90.030 TO PERMIT APPOINTMEATT OF UP TO TWO MEMBERS TO CERTAIN ADVISORY BOARDS, COMMISSIONS OR COMMITTEES WHO ARE NON-RESIDENTS OF THE CITY OF KENAI PROVIDING THEY WORK AT LEAST ONE-HALF TIME WITHIN THE CITY. WHEREAS, the City has not always been able to fill the vacancies on the Beautification Committee, Harbor, Library and Parks and Recreafion Commissions with qualified individuals who reside within the City limits; and, WHEREAS, the Beatification Committee, Harbor, Library and Parks and Recreation Commissions are advisory bodies; and, WHEREAS, the Beautycation Committee, Harbor, Library and Parks and Recreation Commissions presently are allowed, at the discretion of the Council, membership of up to two non-resident members each; and, WHEREAS, there are qualified persons who do not live within the City but have a strong connection to Kenai due to their employment within it who desire to serve on advisory commissions; and, WHEREAS, at the Council's discretion, the Beautification Committee, Harbor, Library and Parks and Recreation Commissions should be allowed to have up to two non- resident members who work at least half-time within the City. NOW, THEREFORE, BE IT ORDAINED BX THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Cade is amended as follows: x.90.030 Qualifiicationa. (a} A member of a board, commission or committee must be a resident of tha City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement. The member cannot be an officer or employee of the City of Kenai. If ar~y member should move his residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected. or appointed as an officer or employee of the City of Kenai, the service of such member shall ternunate immediately. He should Se aware that he will serve without salary, but will be reimbuzsed for all reasonable expenses incurred in connection with this service, only after approval. by Council: 67 Ordinance No. 2008 Page 2 of 2 (b) The Beautification Committee, and Harbor, Library, and Parks and Recreation Commissions may at the discretion of the Council have ~ up to two non-resident members each[.] :and/or (21 haue two members who do not reside in the City but work at least one-half time within the City. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighteenth day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City CIerk Introduced: June 4, 2008 Adopted: June 18, 2008 Effective: July 18, 2008 68 ~> ti~~~ i' ~~.W. fl~ecify~~af ~%/ May 27, 2008 Rita Daubenspeck 2857 Magnolia Bl West Seattle, WA 98199 Dear Mrs. Daubenspeck: ®,~'l~~y~ ~i~r ~ ~~~~ ~i ~r~~t ~tur°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: {907} 283-3014 www.ci.kenai.ak.us It was with a great sense of loss when we heard of Harold's death. We wanted to let you know that you have our greatest sympathy, and our hearts are truly saddened. Harold was more than just a wonderful person; he was so kind and generous to the citizens of Kenai, especially it's youth, with his gracious donation of land and royalties for recreational purposes within the city. Our community will plant a tree and place a plaque in Mr. Daubenspeck's honor in Leif Hansen Memorial Park. If there is anything that we can do to help you in any way, please do not hesitate to call upon us at any time. Our sincere thoughts are with you. With our deepest sympathy, CITY OF ICENAi Pat. Porter Mayor PP/ch 69 -e3 ~ t~'C~tflleQ/ !~G>FYl/Y e7 ElLfi Hldl a®iJt7I7 f„JJ ' f PLANMNG DEPARTMENT d ~ ~~ i 144 North Binkley Street • Soldotna, Alaska 99669-7524 ~ ~ PHONE: (907) 714-2200 • PAX.' (947) 79k-237$ .- ~ ~ ~~ '`^~"'u ~ Toll-free wFfhin the Eorough: 1-800.47&4441, Ext. 2200 y.- ~ www.borousth.kenai.ak.us JOHN J. WELLIAMs BOROUGW MAYOR May 14, 2008 Kenai City Council 210 Fidatgo Avenue Kenai, AK 99611-7794 RE: Vacate Hayes Avenue, a 30-foot right-af-way adjacent to the north boundary of Lots 1 and 4, dedica#ed by Youngblood-Warren Subdivision (Plat KN 628}; within Section 31, Township B North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB File 2008-101 Dear Kenai City Gcuncii Members: In accoMance with AS 29.40.140, no vacation of a city right-of--way andlor easement may be made wfthout the consent of the city counci9. Based an the following findings of fact, the Planning Commission approved the referenced vacation during their regularly scheduled meeting of May 12, 2008. Findings: 9. Sufficient rights-of-way ewst to serve surrounding the properties. 2. No surrounding properties will be denied access. 3. Per the submittal, 4he dght-of-way propdsed for vacation is not in use for access. 4. Perthe submittal, the right-of-way proposed for vacation has not been constructed. 5, The right-of-way does not appear to be in use far utilities. 6. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 7. To date, Homer Electric Associated submitted a statement of `no comment.' g, Kenai Planning and Zoning Commission granted conditional approval to Seaman Subdivision 2048 Repiat preliminary plat, v/hiCi1 shows the proposed vacation, on March 26, 2448. 9. Kenai City staff reviewed the preliminary plat in detail for the Kenai Planning and Zoning Commission on March 25, 2008. 14. The Borough Plat Committee reviewed and approved the preliminary plat on Apd! 28, 2008. 11. No intedor lots are being created. This petition is being sent to you for your consideration and action. The Gity Council has 34 days from May 12, 2048 in which tc vela the decision of the Planning Gommission. If no veto is received from the Council within the 30-day period, the decision of the Planning Commission will stand. DrafC, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. Sincerely, ~~~G~~~ , Max J. B t Planning Director MJB:pdh Attachments 111 ~ ~:4 ~-~.~ ! KE14l 1"EIYfNSUL UGl'~ ...sJ ( ~., PLANNING DEPARTMENT L~-_ ,`_, t44 North Binkiey Street • Soidotna, Alaska 99669-7520 °~ ,~-q PNONE: {907} 744-2200 • F,4~'' {907} 71R-2378 f °~,v~ Tol4free witfiin fhe Borough: i-800-478-4441, Ext. 2200 ~, ~'~~ www.borouoh.kenai.ak.us ..,,„~.. JOHN J. WPLLIAMS BOROUGH MAYOR May 14, 2008 KENAI PENINSUt~1 BOROUGH PLANNING COMMISSION NOTICE O~ CIEGISION MEETING qF MAY 12, 200!8 RE: Vacate Hayes Avenue, a 30-foot right-of-way adjacent to the Werth boundary of Lots 1 and 4, dedicated by Youngblood-Warren Subdivision (Plat KN 628); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KFB File 2008-101 The Kenai Peninsula Borough Planning Commission approved the proposed vacation with the fallowing findings during their regularly scheduled meeting of May 12, 2008. Findings: 1. Sufficient rights-of-way exist to serve surrounding the properties. 2. No surrounding properties wilt be denied access. 3. Per the submittal, the right-of-way proposed for vacation is not in use for access. 4. Per the submittal, the right-of-way proposed for vacation has not been consVucted. 5. The right-af-way does not appear to be in use for utilities. F. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 7. To date, Homer Electric AssocSated submitted a statement of `no comment.' 8. Kenai Planning and Zoning Commission granted conditional approval to Seaman Subdivision 2008 Replat preliminary plat, which shows the proposed vacation, on March 26, 2008. 9. Kenai City staff reviewed the preliminary plat in detail far the Kenai Planning and Zoning Gommission an March 25, 2008. 10. The Borough Plat Committee reviewed and approved the preliminary. plat on April 28, 2008. 11. No interior lots are being created. In accordance with AS 29.40.140, no vacation of a city right-of-way andlor easement may be made without the wnsent of the city council The proposed vacation has been forwarded to the Kenai City Council. The City Gaunci3 has 30 days from May 12, 2008 in which to veto the decision of the Planning Commission. tf no veto is received from the Council within the 30-day period, the decision. of the Commission will stand. Please contact the Kenai Gity Office to verify the date the subject vacation will be reviewed by the Council. 112 This notice and unapproved minutes of the subject portion of the meeting were sent May 14, 2048 to: Michael & Joan Seaman 408 N. Gill Street Kenai, AK 99611 Kenai Cify Gouncii 210 Fidalgo Avenue Kenai, AK 996 1 1-7794 Cliff Baker Integrity Surveys 8195 Kenai Spur Highway Kenai, AK 99611 Gity of Kenai 210 Fidalgo Street Kenai, AK 99611 113 AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate Hayes Avenue, a 34-foot right-af-way edjacentto the north boundary of Lots 1 and 4, dedicated by Youngblood-Warren Subdivision (Plat KN 628}; within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB Fife 2408-141 Staff Report reviewed by Max Best PC Meeting: S/12148 Puroose as stated in petition: Hayes Avenue accesses only one parcel. To construct ROW to city standards ~ cost prohibitive and therefore makes the one parcel wortttiess. Ths vacation is per city's request. Petitioners: Michael and Joan Seaman of Kenai, Alaska Notification: Public notice appeared in the Apdt 24 and May 1, 2448 issues of the Peninsula Clarion. Seventeen (17} certified mailings were sent to owners of property within 300 feet ofthe parcels; fourteen {14) of the receipts have been returned. Thirteen (13) regular mailings were sentto agencies and interested parties. Six (64) notices were sentto KPB Departments. Noticeswere malted to the Kenai Community Library and Kenai Post Office to be fisted in public Iocaiions. The notice and maps were posted on the Borough web siEe and bulletin board. Comments Homer Electric Association submitted a statement of'no comment' Findings: 1. Sufficient dghts~f--way exist to serve surrounding the properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the rtight-of-way proposed for vacation Is not in use for access. 4. Per the submittal, the right-of-way proposed for vacation has not. been constructed. 5. The right-of-way doss not appear to bs in use for utiEi6es. 6. P.!! subdaRsiar. play finalizing vacations are sent to utility companies for review and easement I ell U1r e11t611W. 7. To date, Homer Electric Associated submitted a statement of'no comment.' 8. Kenai Planning and Zoning Commission granted conditional approval to Seaman Subdivision 2448 Replat preliminary plat, which shows the proposed vacation, on March 26, 2448. 9. Kanai City staff reviewed the preliminary plat in detail for the Kenai Planning and Zoning Commission on March 25, 2408. 10. The Borough Plat Committee reviewed and approved the preliminary plat on April 28, 2448. 11. No interior lots are being created. 12. Kenai Planning and Zoning Commission minutes for the proposed vacation were not available. STAFF RECOMMENDA710N: Based on Findings 1-11, staff recommends approval of the vacation as petitioned, subject to: Submittal of a final plat within one year of vacation approval. If the vacation is approved, the Kenai City Council has thirty days in vahich they may vets Planning Commission approval of the vacation. OENIAL OF A VACATION PETITION IS A FINAL ACT FOR WIi1CH NO FURTHER CONSIDERATION SHALL BE GNEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITkIN THIRTY (30} DAYS TO SUPERIOR COURT AT KENAI, ALASKA KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 12, 2006 MEETING MINUTES PAGE t3 PURSUANT TO PART V{ OF THE ALASKA RULES dF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUE3H ORDINANCE 99-A3j. END OF STAFF REPORT Chairman Bryson voted on this at the Kenai Planning Commission meeting therefore he passed the gave! to Vice Chairman Marlin. Vice Chairman Marlin opened the meeting for public comment. Seeing and hearing no one vrishing to speak, Vice Chairman Martin closed the public comment period and opened discussion among the Commission. MOTION: Commissioner Lockwood moved, seconded by Commissioner Murphy to grant the vacation as petitioned citing Findings 1-11 and the submittal of a final plet. Findings: 1. Sufficient rights-of-way exist to serve surrounding the properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the dght-of-way proposed for vacation is not in use for access. 4. Per the submittal, the right-of-way proposed for vacation has not been cons#ructed. 5. The right-of--way does not appear to be in use for utilities. 6. Ali subdivision plats finalizing vacations are sent to u8i'Ity companies for review and easement requirements. 7. To date, Homer Electric Associated submitted a statement of `no comment' 8. Kenai Planning and Zoning Commission granted conditional appro~rei to Seaman Subdivision 2008 Replat preliminary plat, which shows the proposed vacation, on March 26, 2008. 9. Kenai City staff reviewed the preliminary plat In detail forthe Kenai Planning and Zoning Commission on March 25, 2008. 10. The Borough Plat Oommtttee reviewed and approved the preliminary plat on Aprit 28, 2008. 11. No interior lots are being created. VOTE: The main motion as amended passed by unanimous consent. BRYSON CARLUCCIO COLLiNS FOSTER GROSS (SHAM JOHNSON RECUSED YES YES ABSENT YE8 YES YES LOCKWOOD MARTIN MURPHY PETERSEN TAURIAINEN 8YES YES YES YES ABSENT ABSENT 1RECUSED 3 ABSEP:T Vice Chairman Martin passed the gavel !rack to Chairman Bryson. AGENDA ITEM F. PUBLIC HEARING Due to Chairman Bryson's firm submitting a proposal for Phis project he passed the gavel to Vice Chairman Martin. 5. Ordinance 2008-11 Authorizing the Sale of Land to the Cooper Landing Senior Citizen Corporation, Inc. at Less than Fair Market Value Ordinance 2005-06 (Mayor) Substitute authorized a negotiated (ease with option to purchase on 12.5 acres of land off Snug Harbor Road in Cooper Landing. From that offerthe Cooper Landing SeniorCitizen Corporation, Inc. (CLSCGI} purchased a 2+ acre parcel and successfully developed tlrat property according to pien. The new senior housing has been well received and theta is ampte demand for more senior housing. Under Ordinance 2005-06,12.5 acres was considered with Lot 1 being cronveyed and Lot 2 having a leasewith an option to purchase. Since That time, the Borough has collected $27,288.70, which was forthe purchase of Lot 1 and forthe rents of Lot 2. KENA6PENWSULA BOROUGH PLANNING COMMISSION MAY 12, 2tla8 MEETING MINUTES PAGE 14 ~~.~a~~~ j~t~~~~ AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate Hayes Avenue, a 34-foot right-of-way adjacentto the north boundaryof Lots 1 and 4, dedicated by Youngblood-Warren Subdivision {Fiat KN 628); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB File 2046-141 STAFF REPORT PC Meeting: 6112/08 Purpose as stated in natition: Hayes Avenue accesses only nna parcel. To construct ROW to cfiystandards is cost prohibifive and therefore makes the one parce! worthless. The vacation is per city's request. Petitioners: Michael and Joan Seaman of Kenai, Alaska Notification: Pub{ic notice appeared in the Apnl 24 and May t, 2008 issties ofttce Peninsula Clarion. Seventeen (171 certified malings were sentto owners of propertywitfiin 304 feet ofthe parcels; fourteen (14} of the receipts have been returned. Thirteen (13) regular maitingswere sent to agencies and interested parties. Six (64) noiiceswere serrtto KPB Departments. Notices ware mailed to the Kenai Community Library and Kenai PostOrTiceto ba posted'm public locations. The notice and maps were posted on the Borough web safe and bulletin board. Gammenis Hamer Electdc Association submitted a statement of `no comment.' Findings: 1. Sufficient rights-of-way exist to serve surcounding the properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right-of-way proposed for vacation is not in use for access. 4. Per the submittal, the right-of-way proposed fnr vacation has not bean constructed. 5, The right-of-way does not aonear to be in use for utitiites. 6. All subdivision plats finalizing vacs#ions are sent to utility companies for review and easement. requirements. 7. To date, Homer Electric Associated submitted a statement of `no comment.' 8, Kenai Planning and Zoning Commission granted conditional approval to Seaman Subdivision 2006 Replat preliminary plat, which shows the proposed vacation, on March 26, 2008. 9. Kenai City staff reviewed the preliminary plat in detail forthe Kenai Planning and Zoning Commission on March 25, 2008. 10. The Borough Plat Committee reviewed and approved the preliminary pleat an April 28, 2448. 11. No interior lots are being created. 12. Kenai Planning and Zoning Commission minutes for the proposed vacation were not available. STAFF RECOMMENDATION: Based an Findings 1-11, staff recommends approval of the vacation as petitioned, subject to: Subrnittai of a final plat within one year of vacation approval. ff the vacation is approved, the Kenai City Council has thirty days in which They may veto Planning Commission approve! of the vacation. DEMAL OF A VACATION PETITION !S A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENTAL OF A 116 VACATION Mi3ST I$E TAKEN WlTNlN THIRT4' {30} DAYS TO Si7PERlC}R COURT diT KENAI, ALASKA PURSUANT TD PART Vtl OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.9't0 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43'x. END OF STAFF REPORT 117 74 rv rv ~ ~. g R ~ W w ~ /~~ r ~ '~' ~d g 4 :J I a F ~~~j. ~ k S '~ ~ Y U iJ/i y ~~ 0 I z ~~ (~ q ba ~c I~~~~ k~~ ~~~ I ~~ 4 g 'Y It b ~ Z ~ ~ ~ s ~~ b (J J '~ { o a d ~ g Q F & ~ ~ J GI ~ a ~ a ~ g G b Z ~ a ~ $l ~ ¢S ~ O Y k' B n 8°so ¢ q c ~ k 'o ea ~ -~` S p °g ~ i e 3 P' ba~ E E e~ u y O do `~ a ...333 x u~p~-~ ~ ^o~~ % H6o o 'o gL5^ a &'3: Sus ~'~ ~g a so ~. l ~Nm ~~ of F m~B~L~~lk~b ss®GS(~~ d ~~Ab I ~ ~~Ab I ~ Il~~d~ f ~ I I ~(fA'LBL MAL,LL04N) ,BY I ,m __~__- {uaw.og Hnnn A{ I o s~', F $ ~ .N `E krc,i b. v 4 g g ~~ ~ ~~~.~5<s a va~' ~ ~ ~ U}4°Ez~s 3n=~ L: ~~ ~r ~? ~ O y a~ `~..i- % E `"~' ~ ~°'r- ~ .~ ~5 ~ ~ I q ~, 9&°ixa ~ { ~ x E ~V~a o ,55 ~n E O RPS ~ n i ~ ~ j ~~ ~~~ O w 'N W p qq ~ N~~~ C U W{' s ~ <~ ~5'mfi v X17 ~~ I.o 1.. - ~ ~; ~~ ~m ¢ a Q~ ~ $~ r. ...................... >` ~ { ~ ~ ~ E ~ $ n I N ~~ ~ ~ ~: ~ ~~ ~ ~ ~ ~ d w ( ~(~i P ~ Q i ~ o, i 3 ~. m ~ ir LI('Llnp: , {{~ a { ;..... BEd no - ° 5 ' T oae n°~ ~ C~ ~~aEF~ E 0 ,~o ''iiiiii~IlnlI. u ~ I~' ~ LJ a - ~o E fr $ B ?~ Z 3 N r y LLI p n o e a : ~: ~.: d ~ m ~ I € (,LP'BS. MSf.LLWN} M.T. fLWN ~_ ~ i~ i. s n I " »- owba3B w 56x2 .~ -_ ~, ^_ ~- _ I` ~3t ~ a w I ~ m E ~ 6 t1~51 ~ "7~L j &~ Soil `•F ~ ~ I ~~~~ °Ga~°~1 ~5 118 4 S 3 ~) ~ m z °' - $ v ~ ~; F`: oz .~ a F tr ~ ~ "' 6~ z 3u s ymw 0 E Z y &"' fd tl : a $ e ® +I r. r .b O GF pbp w `s ~ S ~Fl n ~ :=e~ .g a ~. ~ e €~ 6~;u m z a $ ~' „ }E i 9 a `~ "'' ~ ~~°' &-°~ psi ~ s` 1r `s a .3 a m <:.C, s~"aao ~iSY qI "db ,~ S a ~C ~~ g~ V i q x ~~y+(~~ i I m 1 '~_ I ~ ., ro ~ i e~:e "_ _~ ~, u ' I ~u X '' . ° ~ ~' -~° ~„ u ~o cau~ c z-axlnd ~srs 'e re 6 I 119 ~ ~ s a s m ~ w a __ ..~ i . ' ~ i• cs e a.u-.ww ~ A x n Y 4t Y I i - ~ t ~ - p ~ i ~ _ n y{ 9 is y n ~ ~i ~.,.i€ ; IWB "< _# c~ ~k N ' ~O6 _•J oI ~ e~y G. H < s Y y p F b ~2 ~ ~ 9t _< = ,.Kai ~ .« F ~ 8 p y5 TIIR N1tlRN h_ °~ g x~a+w-wiwa+w~wmt ~e,oes xfr-c~o'w aSa Fl i 1:$ 'a: ~`s Q •v^ ~4h ~C ~~ ~ L ~ ~n '~ ? ~., r G w~'$~ G ~~ ~ ~ ~ KK ~2 Q ~'~ .~° ~ I ~ e~ ~. ".y. -.~ p M Z KS o F •^ r; c ~ _ O ~ y y f2 ^ `/` d ~' 4 ~"" °~~ o ,: O .~ ~ +~ m -[~• r°~ S .ry v S ~ ~ ~ Vz • `r. o .-r~l n 9 > _`~~ ~ °~ V ~ b Y °s '~ a X R 6 ry.,c~ .' Y ~~~ ~~~ A~. ', 'e'rw~ ~~ ~. r=r ~TP4 a ~( o. v +a "ems . ~,-, <<S { =-c c.a ~ sFa °e_s \~4 V ~oep ° \\ F~ V T Ckf'• z w~~°,k a .V .E~sF~' x ~rx~ .p . ~. ~~~. ~. . ~ %x= e . ~tf t~ ry S ;f. V C A9A9 y ~ MF o) G sud _: ~ U °' ~~ ~; ove 4q P 40 ' nrC^ Y .M.:~u~ w ~ -_ jR(~ 'F VY~CAr M iSp tl F•^~S '. 'yT •~ _uG TJ6s rib e ~t"a-.~ r pi _ ^ E V vc~ tl2 ~ a ¢y' i 5 F, _;j oso ~4".`~ ry~y~( L' Tro VVV ~r s .. o rK ~+^F -'~k '"-o z;.f ' i '7 ~aa ~~. ~~ °- scs ? e o a f a 4' y R~F.I o xa~ I` n °s..a zm V ~,5 ~ a `o p y~ r F ~F o , i t ~x;'a ~' aj~~~ ,~ ., 'i ~~ -~ i izo a2i AGENDA iTEM E. SUBDIVISION PLAT PUBt.tG HEARINGS Staff Report given by Paffi Hartley Piat CommBtee: 04/28JD8 Staff grouped the plats located under AisENOA tTE~T E to more efficiently act on all plats within the lime constraints of the meeting. They are grouped as: A. Simple (lot splits, small number of lots, replete, no exceptions required} or non-controversial (may require redesigns, create larger number of lots, na public comments recenred, no excepfiortsrequired). 1. Marks Subdivision Marsters Repiat; KPB Fiie 2008-094 [IntagritylMarsters] 3. Seaman Subdivision ZODB Repiat; KPB File 2008-t}99 [intagritylSeaman, Tyler} 4. Garolwood Estates Pothast Repiat; KPB File 2006-107 [Integrtty/Pothast] 6. Lmd Subcfndsion James 2008 Addn.; KPB File 2008-109 jfmhoff/James] 7. Lind Subdivision Willie Addition No. 2; KPB Fie 2008-11D [imhoff~liie] 11. Veil O'Mist No. 14; KPB Fiie 2008-097; (Whi4ford/Maorej 12. Lacey Tracts; KPB File 2008-100 jCarpenterlLacey] 15. Don Jack Sub Landry Addition; KPB File 2008-106 j5egesserlStacy] 16. Paradise Lake Estates Phase 1 (Revised Preliminary}; KPB File 2006-320 jSegesser Bangerter] 17. Puma View Sub 20D8 Reed Addition; KPB Fie 20D8-112; [Muliikin/F2eed] Sta€F recommends the committee determine whether any members of the public, surveyors or commtttee members wish to speak to any a#the plats in this group {A) and remove the specific plats fromthegmup, voting on the remainder of plats in the group in a single action to grant preliminary approval to the plats subjeotto staff recommendations and the conditions noted in the individual staff reports. END OF STAFF REPORT Chairman Johnson opened the meeting far public comment regarding the above-rrmentioned plats. Seeing and hearing no one wishing to comment, Chairman Johnson closed the public hearing and opened disaussion among the Committee. Mr. Best stated he had a minor revision an Agenda Item 16. Paradise Laka Estates Phase 1 and asked if the committee wanted to remove it from the one agenda list. There being no ob]eclion, Chairman Johnson asked that the brief synopsis of the minor revision for Paradise Lake Estates be given by Mr. 8estihereby keeping it on the ens motion i~st, ~RBAL STAFF REPORT AADENLbUNf Verbal Staff Report Addendum given by Max Best Plat Committee Meeting: 4128/08 16. Paradise Laka Estates Phase 1 (Revised Preliminary) There is an existing condi(ionai land use permit for gravel extraction on the parcel with a 20D-foot buffet. The revised preliminary design doesn't allow for the 200-foot buffer as shown on page 206 of the packet. The distance on Tract A to the right of way is only 113 feet but will be increased along with the right of way to accommodate the 20D-foot buffer, The-lots would be extended so as not to affect the 200-foot buffer from excavation, END OF Ti1E VERBAL STAFF REPORT ADDENDUM Chairman Bryson recused himself from voting and discussion on agenda item #16, Paradise Lake Estates Ptsase 1 due to a prior submittal of a proposal for the owner. MClTIiJN: Commissioner Gross moved, seconded by Commissioner Ca{tins to approve the following _.,..__, preliminary plats as recommended by staff. - KENAt PENINSULA BOROUGH PLAT COMMITTEE APRIL 28, 2008 MEETING MINUTES - PAGE 2 4 1. Marks Subdivision Marsters Replat; KPB Fle 2008-094 (Intsgrity/Marsters] 3. Seaman Subdivision 2008 Replat; KPB Fite 2008-089 jirrtegrity/Seaman, 4. Carodwood Estates Pothast Replat; KPB Flle 200&167 [integritylPothastj 6. Lind Subdivision James 2008 Addn.; KPB Fite 2008-109 jimhofNJamesj 7. Lind Subdivision Willie Addition No. 2; KPB File 20D8-11D [tmhoff~llie] 11. Veii O'Mist No. 14; KPB Fife 2008-097; [UVhitfordlMoore) 12. Lacey Tracts; KPB File 2006-100 [Garpenter7Laceyj 15. Don Jack Sub Landry Addition; KPB File 2008-106 (Segesser/Stacy] 16. Paradise Lake Estates Phase 1 (Revised Prsliminary}; KPB Fiie 2006-320 Bangerter] 17. Puma Usew Sub 2008 Reed Addition; KPB File 2008-112; [Mul(ikinlRsedj VOTE: The motion passed by unanimous consent Tptsr) jSegssser 1 BRYSON CARLUCCIO COLLINS GROSS JOHNSON MURPHY 5YE6 YES ABSENT YES YES YES YES 1ABSEN7 AGENDA ITEM E. SUBDNISION PLAT PUBLIG HEARINGS 3. Seaman Subdivision 2008 Replat KPB Fiie 2008-099; tntegritylSeaman,Tylar STAFF REPORT Plat CommNtee Mesting: 4/2870$ Location: City of Kenai Proposed Use: Residential Zoning: RS -Suburban Residential Sewer7Wafer: City Assessing Use: Residential, Residential Accessory, Vacant Suppordno informa5on: The proposed subdivision repiats four iots into two lots containing 29,000 square feet and 2.8 acres. Citywatsr and sewer ssrve the subdivision. The appropriate wasffiwater dispose! note is on the p4at. Both lofsfront North Gi!! Street; Lot lA also fronts Fifth Avenue: Kenai Planning and Zoning Commission approved the plat on March 2B, 2008 sub}eat to: Correct spelling of the street names (iayes Avenue and Fifth Avenue. Borough staff comments: The names were corrected on fhe plat submfttedto the Borough. 2. List ail property owners. Borough staff comments: ,4it property owners' names wrare on the plat submHted to the Borough. 3. Plat shall verify that no encroachments east. Borough staff commenfs: Tire City of Kenai has an as-built survey of former Lot f, Seaman Subdivision No. f showing this parcel has no encroachments. Per the Kenai City staff report, a utility shad on fomrer Lat 2 appears to be noncronfonning and encroaches into the sefback. The structure is considered to be `grandfafhered' and cannatbe increased. The proposed reptatwlll net increase the noncrorrformity. ThepiatisramovinglotlInes,endnosurveyisrequirad.Boroughstaficannotrequire thaf the surveyor identify any addifional encroachments. Staff recommends the following note be planed on the plat Acceptance of the plat by the Borough does not indicate acceptance of any encroachments by the Cily of Kenai or the Kenai Peninsula Borough. An instal{a5on agreement is not required. This platting action will also finalize the vacation Hayes Avenue. The vacation pstition has been submitted and ICNAI PENINSULA BOROUGH PLAT COMMITTEE AP{RILr'~28, 206a MEETING MINUTES PAGE 3 f~4~`~YS.~E'`k'~t~'bt~i~~~'aittf„[Iw`..~ 124 is tentaiivaly scheduled forthe May 12, 2008 Planning Gommission meeting. StafF recommends approval of the plat be subject tc approval and conditions ofthe vacation. lfthe vacation ~ approved, staff recommends the vacation approval date be included in the vacation label. Lot 1 B fronts North Gili Street by a 30-foot panhandle. This lot contains 2$,760 square feet and may be forge enough to be further subdivided. Kenai Planning and Zoning did not recommend a larger panhandle to accommodate a future right-of-way. The Gily of Kenai is responsible far maintenance of roads within its jurisdiction. The panhandle is sufficientfor driveway access. Staff recommends a note be placed onthe piatto prohibB structures within the panhandle portion of the flag Ioi. The parent plat contained the folfovang note in the panhandle for former Lot 2 Seaman Subdivision Number One: No stuctures allowed in this 30-foof strip, Tfre repiat removes the 30-foot stdp so tfris resfridive note anti no longer be applicable and does not have to be carried forward to the final plat. The 10-fact utility easement affecting the eastern boundary of Lot 1A has beak carded forwardfrom the parent prat. Staff recommends the 10-foot udliry easement along the southern boundary of Lot 1 B be carried forward from the parent prat. Per Piannsng Commission Resolution 2000-25, ffthe Gertificate td Plat indicates anybenefiaal interests affect this property, they wlfl be noted and gnren 30 days from the date of tfte mailing nfthe notification to respond. They are given the opportunityto notify staff rf #heir beneficial interest prohibits or resUcts subdivision or requires their signature on the final plat. If na response is received within 30 days, staff vrill assume they have no requirements regarding the subdivision and it may he finaf¢ed. If the Cer€iftcate to Plat shows the property is affected by private covenants, staff recommendsthe recording informafion of the primate covenants and restrictions of record in effect atthe time the final piatis approved be noted on the plat {KPB 20.16.140). No exceptions have been requested. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subjectto anyabove recommendations, and the following conditions REVISE OR ADD TO THE. PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS COf~lTAINED IN KPB 20.12 AS FOLLOWS: 1. Garrea: fire recording numbers for the parent plats in thelegal descdp5oh: K 1's83 and Kiv 86-3 i . ADDITIONAL REQUIREMENTS FOR ADMINlSTRATIVEAPPROVALOFTHE FINALPLAT #N ACCORDANCE WfTH 7(TLE 20 INCLUDE: 2. Correct fihe parent plat's recording number in the legend. 3. Add Notary's Acknowledgements as needed: 4. Insert a space between 'lotiine' in the former lot tine label in Lot 1A. 5. Adjoining Government Lot -show access easements, if any, as status. 6. Survey and monumentation must meat the ordinance requirements (KPB 20.16.160}. 7. Conform to conditions of KPB Planning Commission Resolution 78-6. 8. Compliance with Ordinance 90-38 (Substitute) -Ownership. 9. Gompliance with Ordinance 93-59 -Payment of ail taxes due prior to final approval. If finaE approval and filing of plat is sought between January 1 and the tax due date, the fuA amount of the estimated taxes will be on deposft with the Finance Department NOTE: Review of a decision of the plat committee maybe heard by the planning commission acting as p6atting board byfifing written notice thereof wikh the borough planning directoran afomrprovided by the borough planning department. The request for review shall be filed within 10 days after notircatioo of the decision of the plat committee by personal service or service by matt. Any. person or agency that participated at the plat committee hearing either by written or oral KEt4Ai PENINSULA BOROUGH PLAT COMMITTEE APRlL 28, 20a8 MEETING MINUTES rnvc ~« ~.Ef~tF'3Pr P~~`~E~t ~~~d4i~sUT~.~ 125 .2 presentation may file a request for review. The request must have an origins( signature; filing electronically or by facsimile is prohibited. Ttie requestfar review must briefly state the reasonforthe review request and applicable provisions of borough coda or other law upon which the request for review is based. Staff will issue notice of the review hearing to the original recipients of the plat oommittee public hearing native. Cases reviewed shall be heard de novo by the planning oommission acting as the platting board (tCPB 2.40,080). END OF STAr'F REPORT AGENDA ITEM E. SUBDMSION PLAT PUBLIC HEARINGS 4. Carolwood Estates Pothast Replaf KPB File 20Q$-107; Intagrity/Pothast STAFF REPORT Plat Committee Meeting: 4128/08 Location: East of Mackey Lake Road, Saidatna area Proposed Use: Residential, Recreational, Commercial, Agricultural Zoning: Unrestricted SewerM/afer: On-site Assessing Use: Residential, Vacant Suooor8no Infarma6on: The proposed subdivision is a simple reptat of two Pots into one rov d atnd signedpthe parerrtplatQAsoiis reparf Alaska Department of Environmental Consenratian (ADEC) app is not required per KPB 20.14.020. The correct wastewater disposal note is on the plat Lot 25A frants Dawn Drive, which is Borough maintained, and National Avenue, wh'tah is partially maintained by KPB Roads. The 10-foot utility easement fronting the rights-af-way has been carried forward from the parent plat by Piat Note 3. Per Planning Commission Resolution 2000-25, ifthe Cor{ificate to Plat indicates any beneficial interests affect this properly, they will be notified and given 30 days from the date of the mailing ofthe notification to respond. rho„ ~~o „n,o„ rr,p opportunity to notfir staff if their beneficial interest prohibits or restricfssubdtvaian or requires up ...„y.=.~.. ...... their signature on the final plat. If no response is received within 30 days, staff wilt assume iney nave na requirements regardingthe subdivision and it may be bnalized. If the Certificate to Plat shows the property is affected by private oovenanfs, staff recommends the recording information of the private aovenarris and restrictions of record in efrect attha time the final ptat is approved be noted on the plat (KPB 20.18.140). The property is not within an advisory planning commission. No exceptions have been requested. STAFF RECOMMENDATIONS: Grant approval ofthe preliminary platsobjectto anyabove recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT iN ACCORDANCE WITH THE PROVISIONS CONTFVNED iN KPB 20.12 AS FOLLOWS: Correct Mackey Road Lake to Mackey Lake Road on the Mciniry Map. ADDBTIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF THE FINAL PLAT IN ACCORDANGE WITH TITLE 20 INCLUDE: KENAI PEN{NSULA BOROUGH PLAT COMMVTfEE AFRIL 28, ZaaB MGE rirvu mirou i ~a ~s~4~."s~' C^`5cC'V~`~`LQ {`tt`~(€L4~ T E~ 3 126 l -.. ,~ ~`=''` tlrs uty of O/ rr~. J/~ ~tlt+t~ ~ ~jG~v~tj (iG~/ t'flGt~~ GC ~Ik~d~i~`~ rr fJ 210 Fidalgo Avenue; Kenai, Alaska 99611-7794 Telephone: (907) 263-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us %'. e ~A'B March 27, 2008 Mary Toll, Platting Officer Kenai Peninsula Borough Planning Department 144 N. Hinkley Soldotna, AK 99669 RE: P208-16 -Seaman Suirdivisian 2008 Rep-at ~ N4AR 312>7~ Pfl§N1t9fPG BE~°I Dear Mary: 'I"he Planning and Zoning Commission reviewed the above-xefereneed plat at their meeting on March 26, 2008. The Commission recommended agproval of the plat with the following requirementsi 1. Correct spelling of the street names ilayes Avenue and rifth Avenue. 2. List all property owners. City water is available to serve the subdivision. An installation agreement is not required. Attached is a signed copy of the resolution, staff comments, and mhiuCes. If you need additional hiformation, let me know. S;~i erely, ~~ ~. Nancy Ca~ r~ Planning Ass>stant ce: integrity Surveys, 8195 Kenai Spur i-Iighway, Kenai, A.K 99611 127 34 -,. CITI' OF FCENI~Y -~--: PLANNING ANIB ZONING COA2MI:SSIOI\' ~'"' RESOLUTION NO. PZOS-IG ~,~~,~,~ SLTBDIVISIONPLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSTON OF TT-IE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDNISION PLAT BE APPROVED SUBSECT TO THE FOLLOWING CONDITIONS: WI~cREAS, the attached plat Seaman wubdivisian 2Q08 Reulat was ref rred to the City of Kenai Planning and. Zoning Commission on March 12.2008, and received from Integrity Survavs. Inc. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. PEat azea is zoned RS -Suburban Residential and therefore subject to said zone wnditions. 2. Water and sewer: are available 3. Plat does not subdivide property within a public improvement district subject to speaial assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement ar construction of improvements is not required. 5. Status of surrounding land is shown. 6. Uri1ity easements, if required, sha11 be shown. 7. Plat shalt verify that no encroachments exist 8, Street names designated on the plat are correct. 9. CONTINGENCIES: a. Correct spelling of streei nay?-sea Hayes Avenue and Fifth Avenue. b. List ati property owners. NOW, THEREFORE, BE IT RESOLVED, BY ?'HE PLAIv~NING AND ZONING COMMISSION OF 'CIiE CITY OF ICENAT THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES SEAMAN SItBDIVISIOTa' 2008 REPEAT SUBSECT TO ANY NEGATNE FINDINGS AS STATED ABOVE. PASSED BY TH PLAN'1+ZING ACdD ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MA H 2G. 2008„\ . 128 ~5 ITEM 4: C43I._~IERATION OF PI.FaTS 4-a. PZOS-16 - Seasnau Snbdivisi®n 2005 Replat - A re-subdivision of Lots 1 and 2 Seaman Subdivision No. 1, TYact D Hayes Subdivision and Lot 1 Youngblood-Warren Subdivision and Vacation of Hayes Avenue. Plat submitted by integzity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.. Acting City Planner Carver reviewed the staff report included in the packet and noted the following: . The plat would re-subdivide four existing lots and create two larger lots, Lot lA and Lot. iB. The vacation of Hayes Way (Hayes Avenue} would provide access to existing Lot 1 of Youngblood-Warrant subdivision via. a panhandle to the new Lot 1B. The parcels were located in the Suburban Residential Zane. The gareels met the minimum lot size for the zone; city water and sewer served the subdivisian. . No installation agreement was required. Additionally, a utility shed was located on the current Lot 2 which appeared to be non- conforming and encroached into the setback; the plat would not increase the non- . confonniry; a residence was located on the current Lot l; and, the city had an as-built of the structure on file and it showed no encroachments, Carver reported staff supported approval with the following recommendations: 1. Correct spelling of street names Hayes Avenue and Fifth Avenue. 2. List all property owners. The floor was opened for public hearing. There being no one wishing to be heard, tYse public hearing was closed. IVIOTIOR: Commissioner W ells F~ft}i7EII to approve FZGB-18, including staff recommendations. Commissioner Wisniewski SECONDED the motion. Commssioner Bryson stated he would recuse himself from voting as there would be a vacation fallowing and the plat would be before him at the Borough level. Additional comments included: . .The shed was non-cons'onning and would not be able to be increased and was grandfatherad. . The area was previouslyowned by.Peninsula Sanitation many years ago and sanitation trucks had been parked in that area. VOTE: 129 36 1ViOTIt3N PASSED LTI~3liT~Tll@3~LT,~°roLY. s~z'AP'~' x>~/PORT j Ta: Plannsne & 7,aning Cammissian 'late: March 12, 2008 Res: P~08-16 ~ GENERAI. ZNFORMATIC~Td Applicant: Integrity Sun~eys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land IJse Plan: Preliminary Subdivision Plat -Seaman Subdivision 2008 Replat A resubdivision of Lots i and 2 Seaman Subdivision Na. I, Tract D Hayes Subdivision and Lot I Youngblood-Warren Subdivision and V acation of Hayes Avenue 408 R 412 North GiI1, 1505 Fifth Avenue and 1509 Hayes Avenue 04303047, 04303048, 04303016 and 04303010 RS -Suburban Residential Residential and Vacant Neighborhood Residential ANALI'SIS ^r't.:,. „; L.rl'tri Ginn of fniZr exzsung lots Creatlri~ tW0 larger lOt5 LGt lA acrd Lat i um y.at 15 'G r esL' ....:.......... 1B. Lots 1 and 2 of Seaman Subdivision No. 1 and Tract D of Hayes Subdivision are combined creating the new Lot IA consisting of approximately 2.780 acres. The vacation of Hayes Way (Hayes Avenue} will provide access to existing Lot 1 of Youngblood-R%arren Subdivision via a panhandle to the new Lot S.B. The resulting Lot 1B will consisf of approximately 28,760 square feet. The pazcels are located in the Suburban Residential zone and meet the minimum lot size for the zone. City water and sewer serve the subdivision. No installation agreement is required. According to the Kenai Pesvnsula Borough assessing information, there is a utility shed. located on the current Lot 2, Seaman Subdivision No. 1. The Borough records show this structure as being 1080 square feet. The City has no record of this structure. Based on aerial phatagraphs, it appears the structure is non-conforming and encroaches into t'ne setback The plat will not increase the non-conformity. There is also a residence located on the current Lot 1, Sean~an Subdivision No. 1. T"ne City of Kenai has an as-built of this structure showing there are no encroachmen*s. Iao 37 PZ08-76 Cammems ~ Pa~e2 Flat needs to reflect the correct street names as Hayes Avenne and Fifth Avenue and a[I propert}+ owners. Cit~+ Ennineer: This plat, with the vacation of Hayes Avenue, eliminates an unimproved half right-of--way and potential future maintenance.. The vacation was recommended by ArLministration. Buildine Official: No additional comments. RE~OIdiNfElRrDATIC3N6 Recotmnend approval with the following recommendations: 1. Correct spetIing of street names Hayes Avenue and Fifth Avenue. 2. .List all property owners. ATTACHMENTS: I. Resolution Ivo. PZ08-I6 2. Preliminary Plat 131 38 KENAI PENBJSULA BOROUGH PLANNING BEPARTM~1' "~ `" f i - ~ PETTiTONTO VACATE ~ APR O 1 EaOB PUBLIC RIGFLS'OF-WAYISECTIDN LINE EASEM~tt~'J'r~, ,,~~ . .° s 9iign,JGH F4,1.":w!f'1~ BLi''nIliiucidT PUBLTC I-IEAR[NG REOIJIREI7 Upon txapt of somplumnPptication with fees and aii required atmeJmrmts; o Public kwming btforc the Planning Commisaimr will he sdteduMd. Fees -5300 noareiandahlt fee W help defray cysts oC odveafising puhGc 6enrvtg. Any required plat ices will be m ifnn io vacation fees. jxj Pabiic right-of-roaay proposed to be vacated is I~e> ~+°- dcdinated by plot of `(arno,~.'~laod -tUatrn,., Subdivision,fticduPiatNo. loz8 ~rtt I<¢v~g~~ Recording District.. (1Cj Vacation of associated utility eascmcats.. Are ensemcnts in use by airy utility oompany; if so wfdeh7 [ } Easement for pu6licmad orright-of-way as set out in (sptafy t5greof dowmentj $ srcordcd in Book Page of tJtc Roxtdmg DisviCt. (Copy of rexnded documentmust be submitted with pedtiwt) [ } Section Line Easement ~+j 5ohmit [tact tapirs cf plat ar map shawing Wren proposed m be vxnftd It ri%ht-of--way yr easement wes granted by document, one copy of rxordcd document mvrt be svbrnittsd. Has right~of--way been fully or pmt'vnlly consuuded? [ }Yes ~G No ' Is rightwGway used by vdticles/pedesltisnsloiher7 j ]Yes [~ No Has srrxion dint easement been canstmctsd7 [ [ Yrs [) No Ls section lieu casement being used? [ }Yes [ } No The petifivver must provide rensonabtu jusd6cativn far the vaaatinv. -- - '- "" e-,.nponforvaratiog f/~.~e~ ,4/e a ~_~ o I y~L.~ie..~ ~..1 ~ c-ars~FvC.~~-~" The pedlian [Host bt signed (written signnttm} by ovmers of majority of Ibc front feet of fond Emoting pmt of righbof-way or section line eascmau proposed to 6e vacated, .Each must ittciua-.mniiing adtSress and legal dtsGptioa cthisfrWr propsriy. /Y Submitted by: Signature ~LS~~2 N°me T Integr{iy Surveys, Inc. 'Address 8195 Kenai Sour Hwy. Kenai, A8 99611 Pbonc (907) 2539047 Fax (907J 2834071 ^^. / rl4v ~ ' % Pcddotters; Si Signnbae 9r cI i2 / gnature Name S~'. f.>%.hJ xP: ~ Nnme Address , ' `'T si"4 Address ,t/P,Trt.' ~A <'6l ii Owner of Owner of $iprature ~(`tl 59 (k ~ ~w i vx ~ Signatme Nnmt 1`r' S~ Nam[ Address 4t"d N G 11 .+ Address ICE ~ir (fi ~ ll Owacr of Owacr of V •q'a'1aNNeu/j0 kN.VA1:WR1 [9 132 rage x ox ~ ~iartjey, Ratricia From:. Toll, Mary Sent: Saturday, May 10, 2008 10:62 AM To: Hartley, Patricia Subject: FW: Hayes Ave/Youngblood-Warren Subdivision, KPB Fife#2008-101 from: Giafer, }oe (RFG) [mailto:joe.giefer@alaska.gov] Seeo$: Friday, May 04, 2008 3:34 PM Ta: Toll, Mary Ccc Simpson, Eifen M (DFG); Brea~etd, Jeffery A (DFG) Subject: Hayes Ave/Youngbiood-warren Su6d"ivision, KPB File #2006-10i Mary, ADF&G has reviewed the proposed vacation of a 3-foot wide right-of-way, known as Hayes Avenue, within the Youngblood-Warren Subdivisions iacated within section 31, T, 6 IV., R. 11 W., fi.M., AK, There da not appear to be any aetians that would block ar remove public access to public lands or waters. ADF&G has nc objection to the vacations as proposed. Thank ynu for the opportunity to review and camment an this proposal. (f you have questions or would like to discuss this further, please feel free to ca31 or email me. JOE GIEr ER HABifAT Bi0[AGIST ALASKA DEPT. OF FISH & GAME ~IV(SION OF SPORT FISH ACCESS rJEFENSE 333 Raspberry Road, Anchorage AK A951E 907-267-2336 89-1 snzizoos i33 CITX OF KENAI PLANNING R ZONING COMMISSION AGE1V'HA CITI' COUNCIL CHAMBERS May 28,'~Q08 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences ~ Commissioner Brookman *A11 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. *May 14, 200$ 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ08-28 -Kenai Fellowship Churoh - A replat of Government Lots 28 (south of highway, 47 and Lot 4 Misty Haven Subdivision #2. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: 6. OLD BU~STNESS: a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened nn at least three sides. 7. NEW BUSINESS: 8. PENDING ITEM5: 9. REPORTS: a. City Council b. Borough Planning c. Administration IQ. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 71 Agenda May 28, 2008 fl1. INFORMATION ITEMS: a. Zoning Bulletin (5/10/08) b. Kenai River Center Permit Application -Eric Jenson c. Kenai River Center Permit Application -Kenai Watershed Forum d. Landscape/Site Plan -Kenai Airport ARFPISRE e. Commissioner Wisniewski's resignation. 72. CONLMTSSION COMMENTS & QUESTIONS: I.3. ADJOURNMENT: Page 2 72 ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: K. Koester, S. Romain, J. Twait, P. Bryson Commissioners absent: R. Wells, G. Brookman Others present: City Planner M. Kebschull, Mayor P. Porter A quorum was present. 1-b. Agenda Apgroval Commissioner Bryson noted the following: ADD TO: Item 1-d. Excused Absences + Roy WeIls CI$ANGE: Item b-a. to Item 8-a. MOTION: Commissioner Bryson MOVED to approve the agenda with the above-mentioned Iay down items. Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences • Commissioner Brookman + Roy Wells Approved by consent agenda. 73 *AII items Iisied with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- May 14, 2008 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZQ8-2& -Kenai Fellowship Church - A replat of Government Lots 28 (south of highway, 47 and Lot 4 Misty Haven Subdivision #2. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. KebsehuII reviewed the staff report included in the packet, requesting approval with the noted recommendations. Twait opened the meeting to public comment. There being iio comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZO8-28 and Commissioner Koester SECONDED the motion. VOTE: Romain I YES Brvson YES MOTION PASSED UNANIMOUSLY. Bryson noted the vacations included on the plat require a separate process. ITEM 6: PUBLIC HEARINGS -- None ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS -- None PLANNING & ZONING COMMISSION MEETING MAY 28, 2008 PAGE 2 74 ITEM 8: PENDYNG ITEMS 8-a. PZO?-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. ITEM 9: REPORTS 3-a. City Council -- Mayor Porter reviewed the action items from the May 20, 2008 meeting included in the packet. 9-b. Borough Planning -- Bryson reviewed the action items from the May 27, 2008 Borough Planning meeting included in the packet. 9-c. Administration -- Kabschull noted at the next meeting there would be a variance request for an accessory structure. ITEM 10: ITEM 11: 1 I-a. 11-b. 11-c. 11-d. 11-e. ITEM 12: ITEM 13: MOTION: PERSONS PRESENT NQT SCHEDULED -- None INFORMATION ITEMS Zoning Bulletin (5J 10/08) Kenai. River Center Permit Application -Eric Jenson Kenai River Center Permit Application -Kenai Watershed Forum Landscape/ Site Plan -Kenai Airport ARFF J SRE Commissioner Wisniewski's resignation COMMISSION COMMENTS & QUESTIONS -- None Commissioner Bryson MOVED to adjourn and Commissioner Romain SECQNDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:17 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING 8c ZONING COMMISSION MEETING MAY 28, 2008 PAGE 3 75 Matanuska-Susitna Borough 350 E. Dahlia Avenue Palmer, AK 99645 (907)745-4801 Municipality of Anchorage 632 W. 6t° Avenue Anchorage, AK 99501 (907)343-7100 Kenai Peninsula Borough 144 N. Binkley Soldotna, AK 99669 (907)714-2335 Tri-Borough Commission June 2, zoos The Honorable Sarah Palin Governor of Alaska P.O. Box 110001 Juneau, AK 99811-0001 The Honorable Lyda Green President of the Senate State Capitol, Room 111 Juneau, AK 99801 The Honorable John Harris Speaker of the House State Capitol, Room 208 Juneau, AK 99801 Dear Govennor Palin, Senator Green at~d Representative Harris: As the Legislature convenes in special session this week to consider awarding a state license for construction of an Alaska natural gas pipeline, we respectfully request you include two vital components as a part of any pipeline project involving Alaska's natural gas: a spur line to Southcentral Alaska and the dedication of a portion of gasline revenues to Alaska's communities. As you know, Southcentral Alaska has long prospered with the availability of a supply of affordable natural gas from Cook Inlet. Yet, those supplies are dwindling and our region's future economic good health is at risk. We three mayors formed the Tri-Borough Commission to represent the regional interests of Southcentral Alaska. We recently produced a proposed energy The Honorable Sarah Palin The Honorable Lyda Green The Honorable John Harris June 2, 2008 Page 2 policy, shared with your offices, which details these concerns and the urgent need to connect Southcentral Alaska to North Slope natural gas reserves no later than 2020. A spur line to Southcentral connecting to a main pipeline offers tremendous in-state economic opportunities for more than 60 percent of Alaskans. Lower energy costs, a secure Lang-term energy supply and in-state value-added manufacturing are just a few of the positive outcomes that would result from a spur Iine. As you know, the State of Alaska has already spent millions of dollars for initial planning, perniitting and right-of--way work through the Alaska Natural Gas Development Authority (ANGDA) to develop either a spur line or bullet line project. Alaska's communities, including those we represent, are grateful to you and the entire Legislature for approving community assistance during this year's legislative session. The $60 million annually over four years approved by the Legislature and state administration will be an enormous assistance to Alaska's communities. At the same time, administration officials have said an Alaska natural gas pipeline could generate revenues in the neighborhood of $60 billion over the life of the project. We believe Alaska's communities should share in a portion of those revenues to meet the needs of residents and provide sorely needed property tax relief. Alaska's natural resources belong to all of Alaska's people. Cities and boroughs were formed by the State as political subdivisions and are the entities responsible for providing local services to those people. We appreciate the magnitude of the issues before you during the upcoming special session. We believe the Legislature and state administration are uniquely positioned to meet the majority of Alaska's energy needs and provide Alaska's communities the resources they need to deliver essential services to their residents. We remain available to work with you on these issues. ~~~ Muneipality of Anchorage Sincerely, r ~%r~A } Curtis Menard, Mayor Mat-Su Borough Kenai Peninsula Borough Dt'A'%'IC CYP+ALASKA ALCOAOL%C HEVSRAGE CONTROL BOARD s,~ gtantingefthiepemdtallawsaccessofpersonau~er2lyearaofagotodecignetaiticeasedprertdscafapo~seaofdihiug, andperannsumiutheageafi9faremploymcnt. if foremploymmu,p~easeatatcindetai~,howt6epersonwillboempfoyed,doties,etc, (t3 AA.C 104.745). Thisapptcationisfordesigigtiao-ofpremiaeswhem: (pteasemarkappmpriatattema). ,_^~ t X UvderASO4.16.Ot0(c) HonafidenatauraMleatingplace, 2 g_Persaosagel6to20maydinounaocorapaniod,: 3 ~~Persansumieri6maydeeneacmmpaotedhyapeeson2lyeacaorolder. 4 ~Personsbetweenl6end-[4yeusmaybeemployed. (Saesmtebetow), L%CBNSExi. SammMcGe~BS, -Itsc _..._ _ -. __ - - -.. __ _ . ~ _,~~ 19'-' ._....~ - DB/A: Sam Mc6eeas, Inc. ~' ~ _.wt ADDRHSS: %ii. wa Kenai AK :496%% 1. xourao€Operatfoo: T„aQ _ Sa _ to 7a~vr9nm Tetephone# 907-37 -28. or 2. xavepatisxeverbeeneattedmyourproentaoabyyonorapyonadaefforaayreason: [ I Yes [ ] Mo - %fyes,date(e)audezpianatian(s). - 4. Are vidmgameaaeaila(aletothepubiiconyoim~Premiaea't ~_ 5. Do you pravidaentenainntatt: [ 1 Y~ [ ~ No ifyes, deacriba 6. xowafoodaervedT a TabloServico~_BugotS~virR$"~untaSarvico_~_Otber• T. b. the owner, manager, oraseistammanager always present during buaincas hours? [)Yea [ ] No `""" A MHNtt AND A DEPAII.HDLICHNSSD PRl3M[SES DLl M[lSTACCOAfPANY 7x%3 APPL%CATION *•* y ~~ This pemdt remains to effect until the ti uor liconseis~ ~~` ~ ~ ~he.d ' 4 `"p~E~t is on of theAlcohalic6everageControtHoard. (13 AAC 104.795) 4:~ ~~~~ %eorlifytFmt.I.hat~eeead.AS04.I6.044,A804.t6.O611yt3M ,. i_T ~ ` inshvcted camtetnedWaredn. .~ ~° my employeeseboutpmvislone Samm a °s, nc, i ~>fd .°~ ,~ . App s)argiadtre '~~'%:;;,~„~ &obert B. Grail. President Applieationappmc~al(t3AACd04.725(e) Subsceihed~nd. awom to befoau me t ' Oavneni0g Body Otficiet `T/~ day of f, /ZC w ~«4i1\ ~ t ~ Date: """~Ry Commission Expires MyCommtssion expires December 13, 2010 Director, ABC Hoard Date: NOTx: AS04.t6.044(c)requires0mtwriftenperwtateonsenta~anexemptionbytfuDapertm¢ntofta6ormuatbepmvided he~eonsau~nt~or~~~pl~~~undert9yearsofaga Persons l4 and20yeara:ofagearenotrequira4tohave, aXCtn11t1aM * Describebowfood.€sservedonbacknfform.. E t~C~ T F TH E A 1VIluMORANDLJM To: City Council Through: Rick Koch, City Manager From: Larry Semmens, Finance Director Date: May 19, 2008 Subject: Check signers Resolution 2007-20 requires that the Council receive a repart of all check signers prior to June 30. The following people aa~e authorized to sign checks: Rick I~oeh Feather Lawson. Kim Howard Carol Freas Lawrence A. Semmens Melanie Lewis The City has one bank account at Wells Fargo and one account at First ivational Bank of Alaska. The City maintains a third party custodial relationship with I3- anic of New `Y oric to coiiaieraiize deposits at Wells Fargo. The account at FNBA is less than $100 Q00, so it is covered by FD1C 'insurance. The City has relationships with various investment brokers. We11s 1largo Trust holds all securities purchased. Rick Koch, Lawrence Semmens, and Melanie Lewis are authorized fo make investment transactions. The City has an account with Key Bank for investments in the Alaska Municipal League Investment Pool. If there are any questions about banking or investments please contact me. 78 ~`~ , "E~ifla~e wit~i a bast Gity w~'t~r a ~ratu~e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ Il p~ Telephone: 907-283-7535 /FAX: 907-283-3014 ,~ez T~7: Deparfinent Direc4ors FP~CbM: fftick Ketch DATE: May 19, 2008 ~S@l~.l~CT: Fuel CoroservaYiars, Id® Idle Poticy 'fhe purpose of this memorandum is to define an idling policy for City owned/leased. equipment and vehicles. This policy is effective immediately. 'When the ambient temperature is above 35 degrees Fahrenheit City vehicles and equipment will be shut off when net in use and will not be allowed to sit at idle. When the ambient temperature is 35 degrees Fahrenheit or lower City equipment/vehicles cari Ydhe fora nlaxiixx~lin of tetl mi]'inicS. ii it 1S neC6SSai}% for `rhe V1;I11C10/egU1p111e11t t0 5tay warm it wihl be pieced in warm stoxage. fixceptiams are public safety vehicles when on-call. Thank you for your attention in this matter. 79 rr~./`~~~ t~'l~~ rx Past, GGt~ Gflltf7 G>~ f ~~trtV'err ttt 210 Fidaigo Avenue, Kenai, Alaska 99691-7794 Telephone: (907) 283.-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us May 21, 2fl08 Lamy Hartig, Commnissioner Department of Errviranmental Conservation 410 Willoughby Ave., Ste 303 P.O. Box 111800 Juneau, AK 94811-1800 Subject: Kenai Rivez, Hydrocarbon Monitoring for 2008 Dear Commissioner Hartig: This leitar is drafted at the direction of the Kenai City Council. At last night's council meeting we discussed DEC's stated intention to conduct sampling for hydrocarbons only at River Mile (RM) 16, and only for athree-day period in 3uly. The City of Kenai wishes to state its objoetion to DEC's greatly diminished sampling program for 2008. Previous sampling was conducted at RNi 1.5, 5.0, and 7,0 in addition to RM 10.0. We believe it is imperative to continue the sampling program at those locations throughout the month of July to determine the levels of hydrocarbons in the water column, and to determine the effectiveness of new regutaticns mandating the use ofcleaner-burning outboard motors. Residents on the Kenai Peninsula and throughout Alaska are committed to the removal of the Kenai River from the listing of impaired waterbodies. In order to present the most compelling argument for removing the River from the impaired listing, the 20'0$ sampling pragrarn should be consistent with previous year's programs in able to correlate aI1 the data. 80 Thanlt you for your consideration of our request. If yon have any questions please contact me at your convenience. Sincerely, C~'~tTS~' d~NAI G~iCltR. Koch C9ty Manager Co: Cxovernor Sarah Palin Cora Chrome, Fisheries Policy Advisor Kenai City Council Kenai River Special Management Area Advisory Boai°d ~x Rick Koch Prom: Kent, Lynn J T (DEC) [lynn.kent@alaska.govj Sent: Thursday, May 22, 2008 8:33 AM To: Rick Koch Subject: RE: ADEG Hydrocarbon Testing Program for 2008 in the Kenai River +a~«; LTS 08.026 Resp D Kramer.PDF Mr. Koch, Thanks for your inquiry about DEC's plans for monitoring the Kenai River this summer. I've attached a letter I sent to Mr.Dwight Kramer yesterday, as he had expressed similar concerns. The letter briefly describes our plans for hydrocarbon monitoring. I''_1 give you a call this afternoon to see if ycu need more detailed information or have any additional questions. Lynn Kent Lynn S. Tomich Kent Director, Division of Water Alaska. Decartment o£ Environmental Conservation S55 Cordova Street Anchorage, Alaska 99501-261'7 Phone: 907 269-6281 Fax: .907 334-2415 Email: lynn.kentaalaska.gov -----Original Message----- From: Hartig, Lawrence L (DEC) Sent: ~n'ednesday, May 21, 2008 6:05 PM To: Rick Koch Cc~ Palin, Sarah u lrnvl~ Creme, Cora ,J tr_.rn71; Ea.s ton, Dan (DEC); x=nr, Lynn J T (DEC) Subject: RE: ADEG Hydrocarbon Testing Program for 2006 in the Kenai River Dear Mr. Koch, I appreciate the City of Kenai"s interest in DEC's plans far testing the ~Kenai.Rverths summer for hydrocarbons. As you state,it is important to make an accurate assessment of theeffect on water quality of the new regulations requiring cleaner-burning outboard motors. We have noted some confusior. among the public regarding our sampling plans. Lynn Kent, DEC'sDirector of Water, will contact youto discuss the fullextent of our plans. 7 oJill be happy to follow up on any remaining concerns the City has. Sincerely, Larry Hartig -----Original Message----- From: Rick Koch fmailto:rkoeh®ci.kenai.ak.us) Sent: Wednesday, May 21, 2008 2:45 PM To: Hartig, Lawrence L (DEC) Cc: Palin, Sarah H {GOV}; Creme, Cora J {GOV); Easton, Dan (DEC) Subject: ADEG Hydrocarbon Testing Program for 2008 in the Kenai River 1 8'L Commissioner Hartig, The purpose of this correspondence is to transmit aletter from me to 'you regarding the above referenced subject. Thank you in advance for consideration of our request. a<5-21-08 Hartig DEC Hydrocarbon Testing.pdf » Rick Koch City Manager City of Kenai 210 sidalgo Avenue Kenai, AK 99611 (907)283-6222 Office (907)283-3014 rax (907)398-0190 Cell 2 83 y J ~ ~ rr7 ~ ~ '~~~ j-~ r~ ~ .~ ~~~~ ~ ~~ ~1 ~ r i ~ ~ ~ ~ - ~ 1 / ! ~ $ } ~ ' ~. ' ' r) ~ ~ li ~i ~ \; I 1 ~ J' I t ~~ I _ t i t ~ DEPT. ()L' LNVIRC)NMEhITAI~ C{)1~'SEI:`V_~TION DIVISION OF' WESTER I31RECTOR'S OFFICE Dwight. Kramer, Chairman Kenai Area hishennari s Coalition P(? i;ox 375 Kenai, Alaska 99611. Dear Mr. Kramex-; May 21, 2008 SARAH PALlN, GOVERNOR 555 Cordova Street Aachoragc, AIi 995oL2617 PfrONE: (907j 268.7599 FAX: 0907) 334-2415 httg:/(wwcv.state.ak.usldcc j Commissioner I-Iartig asked that I respond to your May 16 letter regarding the DepartnTent of Environmental Conservation's (DEC's) planned petroleum hydrocarbon saxnpluxg on the Kenai River. l.et me assure ,yau that DEC is committed to continued petroleum hydrocarbon monitoring of the Kenai F2!ver at peak use times to evaluate whetlxer the state water quality standards are being met. 'T'here seems to be some miscommunication with respect to planned sampling locations during the summer of 2008. At the April I0, 2008 Kenai River Special Management Area (KRSMA) advisory board meeting, DEC presented our prelinxinary hydrocarbon sampling plans for the summer of 2008. As in years past, we will be conducting an intensive 72-hour hydrocarbon sampling effort at river mile 10.1. The likely dates for this sampling are July l9, 20, a,?d 22. '!'hesn dates co:•rsspond v^fh the typical highest sport fisfxing activity. The sampling at river mile 10.I is located ux t:ne K13.SM~. DEC is also going to conduct alx intensive 72-hour hydrocarbon sampling effort below the KIZSMA boundary in the personal use fishery area. The projected sampling dates are July 19, 20 and 22 to con-espand with the sampling being done at river mite 1.0.1. T'lxe exact sampling location has not been. determined yet but vve are evaluating either river mile 3.5 or river mile 1.5. Each of these locations has advantages and disadvantages far sampling and any insight yau can provide to our project manager, Tirn Stevens (269-7515), would be taken into consideration. Tn addition to the motxftoring etfox-ts described above, DEC is also participating !n a. mlxlii-agency watershed-wide sampling event organized by the Kenai Watershed Forum. This sarnplfng event, typically conducted during the third week lrl July, includes samples for hydrocarbon. analysis, collected from 23 s"rtes an the Kenai River anct its nsajor tributaries from tYxe outlet of Kenai Lake to the Caok Inlet. ~.\Water\D(f2\LetEerslCTS US.G`.1,fi C2esp Uwi};ht. itramer.dac 'ter ..... 84 Dwight Kramer 05/2110& Thank you for your continued hiterest and support in protecting the Kenai River and the valuable £lshe}y resource it supports. Let me know if you have additional questions ar concerns regarding DEC's sampling plans or other ni~utagement measures 1'or the Kenai River. Sincerely, ~Jf _./ Lynn r. Tomxeh Kent. Director cc: Jack Sinclair, Superintendent, Kenai State Parks David Carey, Chairman, Kenai River Specizl YIanagement Area Advisory Soard Marcia Combs, EPA 1~m Wagoner, Senator Tom Irwin, Commissioner, DNR Denby Lloyd, Commissioner, ADF&G harry Hartig, Commissioner, DEC 85 Dwight Kramer 3 OS/21/Q8 hoc: T1rnothy Stevens, DEC. Project Manager 86 ~,/ "(/ilra~e wit~r a Past, Git~ wit~t a F~eti<cv°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~,~~~ '`~~`~ ^~' Telephone: (907) 283-7535, Ext. 236 !FAX: (907) 283-3014 r # ~~~~. _~r 1992 KENAI,ALASKA U TO: Rick Koch, City Manager A FROM: Wayne H. Ogle, Public Works Director !~ DATE: May 27, 2008 SUBJECT: WINDOW REPLACEMENT; KENAI FIRE DEPARTMENT Rick,' This is a request to issue a Resolution to Council for a P.O. for $24,901.00 from Line Item 001- 434-4538 Buildings, Repair and Maintenance for the subject repair project... Briefly, this project entails the replacement of all exterior office windows for the Kenai Fire Department. As such, all the exterior windows are single pane. Some of the windows have `storm windows'. Most have some damage to the window opening device and closure mechanism. Replacement of these windows is critical for energy efficiency. In preparation for this Purchase Order, Building Maintenance requested quotes from two local contractors deemed capable of a window replacement job of this magnitude. S&H Enterprises, Inc. and Randy's Glass inc. submitted quotes. S & h Enterprises submitted the low quote. (See attachedj. it is recommended the Cify offer them the job. Additionally, the City plans to replace the windows on the Police Department side of the Public Safety Building. Since the Police Department is a newer wing, their windows are generally in better shape. A similar quote process has been started for the Police Department window replacement. Complicating the Police Department window replacement project is the requirement for the exterior window in way of the Police Dispatcher's office be replaced with 'bullet resistant' glass. Please let me know if you have any questions. 87 ,Y I.IV !+V1 IYI VVVIIN P~~4 YkttWY/1l IJ 13111 ItV• VV ILVI~JVVV Fc`~S ~d h .z. i q;;„. ~# ~ ~~ i III ~I~. ~{*~y !~ iai ~ 5 5 II IG 'i~ x 11.~~~~ .., I II II ~ lid p ~ 111, 5 Iii I~9"f ~- fir' Pau: Attn: ,/~~'G°~d-- ~('sP+'c~, t''~^~ Date: '°Q'~C~'~'~ . ~. .. ;'~ .,.>> From: 1 ~~ ^ Urgent ,{C.a,For S~;aview ,'IYi e p Please Quafe ^ Please Reply ., o ~ _~ " li V3/V1 1~ s~- 88 S &.H l;nterprises, Tne. dba DoorslWindows 439G1 &~Beac6 Rd, Suite C Soldan,a Aleska 99GG9 rax vn~-z5a-G433 ~~timat~ D~T~ EkSTtMRT... arlsrzaaa 36 NAME I ADDEtO=$S City of Kenai 210 Bidarka St Kenai, AK 99611 i3E5CRIPTiCihd QTR' TC7TAL 3a x 54 single hung Series 2, ~rov~n autside 6 ~izite 37 7',773,92 inside 9x98°' iUlI7F Primed F1atJambs 600 1 839.60 2-914' .Primed ~rickrnoid 600 974.48 1 x 2 x 16' lVii3F ~1 162.58 Window & Door Foam 7 136.58 Faam Cleaner 2 15.60 Labor t® tear out and instat! with trim.. 148 98,354.08 boxing for window 37 '46.95 i^Cei~ht A ~ A79.35 rail f~iateriais kViust ~e Pry-Paid SiCsNATl3RE Sales Tex (O.a°/n} °~C~TAl~ F~i~QJBCT Fire dept wi... $29,573:98 ~a.aa ~2~,573.sa [00 'd ~L~Z6BZL06~X~~ s9 "~l~i SSN19 SnQIdB~ fid OO~ZI ~Cl~ fiOGZ-I,~-~~N~' INF MTIt7tN ITEM F. ~ b 'O O tQ0 O O O O O O O a ~ ~ O O (+'i O O N ~ O O O O ~ O' ~ O O tV ~ t{) N CO t6 t!D w d' 1 hl ~3 V w U W W W ~ o. r a =z a w cn a z ~ o sn ~ ~ _z ~ ~ ~ `~ ~ '~ ° ~ ~ ~ ~ ou w o ~ ~ ~ m ° ° o `~ ~ ~ a o ~ o w m a . S ~ u~ w ~ m v~ d ~ w ~ a a ~ o z ~ m w a a m W ~ o ~ '~' Q ~ U j d ~. W J d ~ _ ~ ~` }} F W.1 C~ W ~ ~ ¢ ~ r Q L 5. ~ ~ ® ! ~ ~ m Y 2 ~ ~ ~ a 4 O ~ ~ Z O Q ' d ~ d. F-~ U ~ Z O CG ~ D ~ ~ Q U ~ U' 4 O U ~ t is W q. ~ p 6h. J ~ N K ~ h otf U d Q N ~ _ ~ Z ~ ~ W V a L h~ ® !q ~ ~ w O ~ ~ LL ~d d' y 7 O ar O U 1. I ~ O N tV Nk ~ O w U U ~w~ Z O h m p O ~ yy W ~~ Z U m w ~ ~ U w ~ ~ rr a ~ w ° O ~ w~ z O ~ p z K W g m `~ ~ ~u! ' .~ ~ ,'Q ~ U tf9 J W d _~ W °~ y of U} z O ~ ' ~ p ~ D D ~ ui Z ~ ..~ O O ~ o d 0. a U ~ d ~ m o ~ U ¢ C4 ? v , ~98v~i o Project Status Report NC---Non-Construction RK -Rick Koch F=Future WO -Wayne Ogle MK -Marilyn Kebschull STIF=State Trans. Imp Atac~i CItY Contact Prujaut Nang Status sty A WO Airport Runway Safety Working on completing project by duly 81, 2008. Zone/Extension A WO AP Urea Storage Building Bid opening May 22 and Sterchi Construction was the low bidder. FAA grant application pending. A WO Kenai Boat Launch Road Project is a cooperative effort with the U.S. Fish Culvert Replacement and Wildlife Service, City of Kenai, and Kenai Watershed Forum. F&WS will provide culvert. A RK A WO A RK A WO A NJO A RK A WO F WO Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring wells. LID's -Shamrock Cirole Will be scheduled for paving during this year's projects. Maratfion Road Improvements Engineering underway. Public Safety Garage Bid opening scheduled 6110/08. Thompson Park LID Project awarded to Alaska Roadbuilders. NTP should be issued by 6l2. Water System Drilled one well in Eagle Rock area, but arsenic levels were too high. Testing near well houses, golf course, and boat launch areas. Wildwood Drive Improvements Preliminary engineering complete. ROW issues. Project on hold. Contaminated Soils -Strop Further work in progress Wednesday, May 28, 2008 Page 1 of 1 45 ~~p,Nr of c°a ~lINITE~ 57A1'ES 0@PL0.R1°~EIVT ~~ CpRr1MERCE ~ ~,gs ~~ EO®FI®Fn[O6 9R~ $#0~954FCS QdmYtt95~t"~tlOFl ... r '" ~.~. CE87{8l1$ BIiYBAII c~ I .~e~q Washington, DC 26233.0007 _"... o~" OFFICE OF 7HE DIRECTOR ' "' ""'"" SYA1p5 ~ I~.~ A~ 5 216 FRdM THE DIRECTdR U.S. CENSUS BUREAU dn. March 17, 2008, the U.S. Census Bureau's proposed criteria for the 2010 Decennial Census Alaska Native Areas (ANAs) were published in the Federal Register. A copy of this official notice is enclosed far your organization's review. This mailing is intended to solicit comments during the 120-day public review period. Please review the enclosed notice thoroughly and contact the Census Bureau with any continents or concerns. At the conclusion of this comment period, we will publish a second Federal Register notice containing fmal criferia for ANAs. This will also contain a surnrnary of all carmnents received, as well as the Census Bureau's response to those comments. Tn the meantime, if you have any questions about the Census Bureau's proposed criteria for ANAs, pFease contact Mr. Miahael Ratcliffe of our Geography Division. He can be reached by telephone at 301-763-3056 and by e-mail at ~miohael.r.ratcliffe@census.gov>. Sincerely; ~. Steve H. Murdock Director Enclosure USE: 1iI~1SUSBUREAU Heip lnF You Make In/ormed oe[ISione fir! WWW.C8C15US,gOV Federal Register/Vol. 73, No, 52/Monday, Mazch 17, 2008/Notices 142Q3 information collection should be sent within 30 days of publication of this notice tc Brian Harris-Kojetin, OMB Desk Officer either by £ax (202-395- 7245) or e-mail (bharrisk'~omb.eop.gov) .Dated: March 2l, 2008, 'Gwetlnar Bunks, Monagemenf Analyst, Office of the Chief Infarmaticn Offi'Cer.- 1FR Doc. EFS-5215 Filed :{-14-08; 8:45 em1 aILUNG COCE 9516--0T-P DEPARTMENT OF COMMERCE Census Bureau Proposed information Collection; Comment Request; Annual Survey of Manufactures AGENCY: U.S. Census Bueau. - ACTION: Notice. SUMMARY: The Department of Comrnerca, as part of its continuing effort to mduae paperwork and respondent burden, invites the gsneaal. public and other Federal agencies to take this opportunity to comment on proposed. end/oreontinuz,-zg information, collections, as required by the Paperwork Reduction Actnf 1995, Public Law 204-13 (44 U.S:C. 3506(c)(2)(A}), DATES: To ensure consideration, written comments must be submitted on oa bsfnra May 26, 2008. ADDRESSES: Direct all written comments to Diana Hynok, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14tH and Cnns$tuifor. Avenue, NVd„ Washington, DC 20230 (or via the Internet at dHynekQdoc.gnv). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mendel D. Gayle, Census Ruraau, 4600 Silver Hill Rd., Rm. 7K055, Washington, DC 20233, (301) 763-4587 or via the Internet at mendel.d.gayl a@census,gov. SUPPLEMENTARY INFORMATION: I. Abstract The Census Bureau has conducted tli.e Annual Survey of Manufactures fASM) since 2949 to provide key measures of manufacturing activity during intercensal psxfods. In census years ending in "l" and "7", the ASM is mailed and collected as part of the Economic Census covering the Manufacturing Sector. This survey is an integral part of the Government's statistical program. The ASM furnishes up-to-date estimates of employment and payroll, hours anal wages of production workers, value added. by manufacture, cost of materiels, value of shipments by product class, inventories, and - expenditures for both plant and equipment and structures,. The survey provides data for most of these items foi• each of the a-digit and selected 6-digit industries as defined in the North American Industrp Classification System (NAILS}. It also provides geographic data by state at a more aggregated industry level. The survey elan provides valuable informatior. to private companies, ressarah organizations, and trade associations. Sndustry makes extensive use of the annual figures on product class shipments at the li.S. level in its market analysis, product planning, and investment planning. The ASM data era used to benchmark and reconcile monthly and quarterly data. on manufacturing production and inventories. This ASM clearance request will be for the year 2008. There will be no ahangos to the information requested from respondents. II. Method of Colleation The ASM statisflcs are based on a survey thatincludesbath a.mail and nonmail components. Previously, the mail. portion of the survey was comprised of a probability sample of agproximatsly 53,000 manufacturing establishments £rom a frame of approximately 225,000 establishments. These 225,000 establishments were all manufacturing sstablzshmsnts of mntti,init nnmpaniefi (Comp»nies with Gperfltinna flt mere tllaR One Innatinn) and all single-location manufacturing comparies that were mailed in the 2002 Census of Manufacturing, The nonmail component was comprised of ilze remaining small single-location companies; approximately 255,000 companies. No data. has bean collected from companies in: the nonmail component. Rather, data Iaas been directly obtained from the administrative records of the Internal Revenue Service (ffiS), the Social Security Administration (SSA}, and the Bureau of Labor Statistics (BLS). Although the nonmail companies account for over half of the population, they have accounted far less than 2 percent of the manufacturing output. III: Data- OMB Control Number: 0607-0449. Form Number: MA-10000(L), MA- 10000(S). - Type of Revieu~• Regular submission Affected Public: Business or other for- proftY organizations; not-for-profit institutions; State or local. governments. fish'mntad Number of Respondenir 53,000. Estmated Tune per Response: 3.7 hours. Estimated Total Annual Rurd=n Hours:187,000. Estimated Total Anrzual Cost: The estimated cosh to the respnndsntsis $5,454,790. Resporzdenf's 061igatinn: Mandatory. Legal Authority: Title 23, United States Code, Sections 282, 224, and 225. IV. Request for Comments Comments era invited on: (a)Whether the proposed collection of information ismecessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuzaey of the agency's estimate of the burden (including ho-urs and cost) of the proposed collection of information; (c) ways to enhance the auallty, ufllity, and clarity of the information to.bo collected; and [d) ways to minimize tb.e burden of the collection of information on respondents, including through the uae of automated collection techniques or other forms of fnformaiion technology. Comments submitted in response to this notice will bs summarized and/or included. in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 11, 2008. Gwallnar Ben&s, Monagemenf i+nalysi, Jf/`ice of file Chief In farmafion Officer. (FR Doc. E8-5214 Filed 3-14-tl8; 8:45 amJ 61LUNG CODE 3516-6]-P DEPARTMEN? OF COMMERCE Bureau of the Census [Docket Number 070343515-7516-01] Ataska Native Areas (ANAS} for the 2070Census-Proposed Criteria and Guidelines AGENCY: Bureau of the Census, Commerce. ACTION: Notice of proposed program revisions and request for comments. SUMMARY: The Bureau of the Census (Census Bureau) is requesting comment on proposed criteria and guidelines for Alaska Native Areas (ANAS) far the 2010 Census. Criteria are those rules and conditions that must be met when defining e geographic enffty; guidelines. 98 14204 Federal Register(Vol, i3, No. 52/Monday, March 17, 2068/Notices ¢xe procedures and measures suggested by the Census Bureau to-enhance the utility of statistical geographic areas for presentation and analysis of statistical data. ANAs are geographic entifies witiJin the State of Alaska defined for the collection; tabulation, and presentation of decennial census data and will be used for the 2010 Census. ANAs also will ba used to tabulate and present period estimates from the American Community Survey (ACS} after 2010 and potentially other Census Bureau surveys. ANAs consist of two types of unique geographic entities: Alaska Native Regional Corporaflons {ANRCs) andAlaska Native village statistical areas (ANVSAs) t. At this time, the Census Bureau does not propose any changes to. the process for naming and delineating boundaries of ANRCS as used in Census 2000. The Census Bureau proposes to revise tlJ.e criteria and guidelines for eligibility, location, delineation, and naming of ANVSAs to ensure more consistent and comparable ANVSAs anal mere meaningful, relevant, and reliable statistical data for Alaska Natives and their ANAa This Notice also nontaias definitions of key terms used in [he ANVSA criteria and guidelines for the 2010 Gensus. The Gensus Bureau wdll publish a `.. separate notice in the Federal Register that proposes criteria and guidelines for American Indian Areas (AIAs} for the 2010 Census. Aftes• the final ANA "- criteria end guidelines for the 2010 Gensus ere publishedin the Federal Register, the Census Bureau will offer designated tribal governments or associations an opportunity through the Tribal Statistical Areas Program {TSAP) to review and, if necessary, suggest updates to the boundaries and names of their ANAs. DATES: Written comments must be submitted on or before June 16, 2008. ADDRESSES: Please direct aII written comments on $us proposed program to the Director, U.S. Census Bureau, Room 88001, Mail Stop 0100, Washington, DC 20233-0001. FOR FURTHER INFORMATION CONTACT: Requests for additional informafion on these proposed program criteria. and guidelines should be directed to Mr. Michael Ratcliffe, Chief, Geagraghic Standards and Criteria Branch, Geography Division, U.S. Census Bureau, via e-mail at geo.tsap.list®census.gov or tslophone at 301-763-3056. For Cenecs flvreao puxaoses, the Annette Is~7ettd Reserve is Alaska Is consideroti an American lndimr arao (AIA7. more epecSical.Vy att Amarcan Indian =_eservaYlnn (rilR), not as ANA. SUPPLEMENTARY INFORMATION:Pursuant to Title 13 of the United Statos Code (us.c.), aection tal(e) (2oDO), the Secretary of Commerce, as delegated to the Census Bureau, undertakes the - decennfal census every ten years "in such form and content as he may determine."This language gives wide discretion to the Census Bureau itt taking the census. The Census Bureau portrays tlxe boundaries of both legal. and. statistical geographic entities for the purpose of collecting, tabulating, and presenting meaningful, relevant, and reliable statistical data from the decennfal census; th.e ACS, and potenially other censuses and surveys. The Census Bureau. attempts to devolop objective cxiteri.a and guidelines to establish geographic entities that meet this purpose. The Census Bureau is committed to delineating geographic entity boundaries in partnership with tribal, state, and Ioca1 officials using criteria and guidelines developed in an open process. It is the responsibility of the Census Bureau to~ ensure that geographic entity criteria and guidelines achieve the goal of providing meaningful, relevant, and reliable statistical data. While aware that there are nonstatistical asps of ANAs and the data tabulated fax them, the Census Bureau will not modify ANA boundaries or attributes specifically to meet the reauirements of any of these nonstatistical program uses, including any attempt to meet the specific program reavirements of other gavernntant agencies. Further, changes made to e gacgrsph'c entity ±o meat +he requirements of a specific nonstatistical program may have detrimental effects on uses of the same geographic entity for other nonstatistical programs. In addition, the Census Bureau makes no attempt to specifically link the establishment of statistical geograp'nia entities to federal, tribal, or state laws. The development of the ANAs has been. an evolutionary process in which the Census Bureau has worked with various data users to develop geographic entities that bath aid in census -, enumeration andtabulation activities and are meaningful for Alaska Nativss,~ their governments, associations working with Alaska Natives, and the federal and e Tha term Alaska Native is used throughout this doeumenf, lint rofers to anyone who ai self- identiiies es ar. American Indian and/or nn Alaska Native alone oe to combinaYlon with onb or mom other races, andb) resides in Alaska. If using rnco data from Census 2000 rather Lhaa same other date. source. use data-for "American Indiac and A'ias'sa Nativs~ ¢innm oe in combination wltn ono or mole races" fe detearvne If en A!QVSA moe€s Elie proposed delinezfion criteria end guidelines state agencies administering tribal programs benefiting Alaska Natives. ANRCs are corporate entities organized to conduct both for-profit and non-profit affairs of Alaska Natives in accordance with the Alaska Native Cleans Battlement Act {ANCSA) (as amended) (43 L?.S.C. § 16D1 et seq. 12000J). ANRCs are geographic entities with legally defined boundaries that au6ditdde aII of Alaska into twelve regions, escept for the area within the Annette Island Reserve (an AIR under the governmental. authority of the Metlakatla Indian Community}. A thirteenth non-geographic ANRC represents Alaska Natives who do not belong to one of the other twelve ANRCs; the Census Bureau does not tabulate or present data for this thirteenth ANRC. The twelve geographic ANRGs. are what the Census Bureau terms "legal geographic entities." - ANVSAs axe statisfxcai geographic entities representing the residences, permanent andlor seasonal, for Alaska Natives who are members of or receive governmental services from the defining ANV, and that are located within the region and vicinity of the ANV's historic andlar traditional location. ANVSAs are intsnded to represent the relatively densely settled portion of each ANV and should include only an area where Aloska Natives; especially members of thsde5aing ANV, represent a substantial proportion of the population during at least one season of the year. ANVSAs also should not contain large areas that are primarily unpopulated or that do not include concentrations of Alaska Natives, especially msm'vers of the defining AIQ V. For the 201D Gelisus, the Census Bureau proposes changes to the ANVSA criteria aztd guidelines.- These proposed changes era discussed more fully 6e1ow• f. History of Alaska Native Areas in the Decennial Census Prior to the 198D Census, the Census Bureau had no program specincally designed to recognize or tabulate data for ANAs. Data were published for most of the ANVs as either incorporated places or "unincorporated places" (referred to as census designated places (CDPsJ in. later censuses}. Congress used data tabulated from the 1970 Gensus for these places, in conjunction with other information, to determine if they qualified as a "Native village" or a "Native group" in accoro'ance with the EuNCSA. Upon enactment of the ANCSA, the Census Bureau began to repo;:c data specifically for ANAs beginning with the 1980 Census. The types of ANAs 1nClllded. in the 198t) GeILSna NrerF. lJaS!iCl 99 Federal Register/Vol. 73, No. 52/Monday, March 17; 2008/Notices 142®B on recommendations of an ad hoc interagency committee established by Office of Management and Budget (OMB) to examine how tine federal government could provide improved. data for AlaskaNatives, hi additdn to input i4om OMB, the Gensus Bateau also consulted directly with Alaska Native tribal. governments and associations, as well as Alaska State officials. The Census Bureau used approximate boundaries for the ANRCs to tabulate data from the 1986 Census. Data for ANRCs were not published. as Hart of the standard decennial census tabulations, but were included in a supplementary report. In sparealy populatod areas, the ANRC boundaries were generalized to follow visible features and the boundaries of other census geographic entities. Forfhe 1980 Census, the Census Bureau worked with Alaska State officials to identify the ns.mes and locations of ANVs recognized in accordance with the ANCSA, and to delinaste they boundaries. The boundaries of most ANVs aafncidad with the boundaries of other census geographic entities, in particular incorporated places and CDPs, In the few remaining ANVs whose boundaries did not coincide with incorporated place or CDP boundaries, the Census Bureau delineated boundaries that corresponded to one or more enumexetian districts (similar to. the black groups of toter cehsuees). Far the 1980 Census, the Census Bureau idon.tified 209 ANVs. Attar rev awing thane data from the ' 080 Census, the Census Bureau discovered that the territory encompassing housing units and population associated. with an ANV did not necessarily correspond with the territory of an incorporated placo or CDP of the samename. In addition, ANV and ANRC ofl'iciak commented that the ANV boundaries for the 1980 Census were not their historical or traditional boundaries. The ANV boundaries also dial not represenT the land withdrawals, selections, or conveyances for the Alaska Native Village Corporations (ANVCs) madein accordance with the ANCSA or the lands historically or traditionally used for subsistence activities, including hunting and fishing, In response to these concerns and to emphasize that these points were all valid, the Census Bureau changed the term for these statistical geographic entities from ANVs to ANVSAs to indicate that while. they still were based on the historical or traditional locah'on of the ANV, thoy did not necessarily represent the ANV's historical or traditional boundary. To improve the accuracy of ANRC boundaries for the 1890 Census, the Gensus Bureau transferred the ANRC boundaries from a source map provided by the L'.S. Bureau of Land Management (BLM) onto a series of L'.S. Geological Survey (USf>S) 1:250,000-scale topogzaphic maps, and digitized from there into their geogmphic database. The Census Bureau implemented a review process, which included the participation of each ANRC, to verify that the ANRC regional boundary was updated correctly. At the request of ANRCs, the Census Bureau worked directly with the ANRC's non-profit associations, whose purpose is to conduct the sociocultural outreach. and support for membors and other Alaska Natives within their region, in reviewing each, regional boundary. ANV government officials and ANRC non-profit association officials were encouraged to delineate ANCSA boundaries for the 1990 Census to facilitate enumeration of Alaska Natives, especially in remote Alaska. To meet the Head far suitablo boundaries for use in collecting, tabulating, and presenting data for.ANV housing and population by aiding in the correct allocation. of residences and thus population, ANVSR boundaries were required to follow physical features that would likely be visible to census enumerators, such as roads, trails, shorelines, rivers, streams, and ridgelines, or locally known boundaries of other legal geographic entities, such as borovghs,a ANRCs, etc. For the 1990 Census, the Census Bureau identified 217 ANVBAs. There were no changes to the types of ANAS identified far Census 2000. Similar to the 1990 Census, ANRC boundaries were reviewed by officials of the ANRC non-profit associations. A few small boundary corrections were made s F'nr Cansns Dureav pnrooses, boroughs in rliaske are the equivalent of nounties in o?bees?etas. rar purposes o: this notice, the term borough includes the IogaLdasignation is Aiaeka of "cities and boroughs" end "municipalities", as welt as "census areas". Gensus areas era comnaznbin to end the equivalent io boroughs for collocting, tabulating, and presenting Census Bureau data. That' ware seated ceopemfivnly by the State of Alasta and the Census Hvreau fc snbdivido the large portion of A:aska nut within an oganizad Uorough tuts geographic entities mare comparable with?hs organizad'ooroughs. for some of the rLNRCs. The new development seen in the Census 2000 was the introduction of tribal designated statistcal areas (TDSAaJ ir. Alaska, TDSAs had existed ir. some of the farty- efght conterminous states for the 1990 Census, but they had purposely been excluded from Alaska because ANVSAs were thought to cover all the ANVs in 'Alaska. Some data users stated that there was a difference between those ANVs that participated in the ANCSA and those that did pat, but were recognized by the U.S. Bureau. of Indian Affairs lBIAl as tribes and eligible to receive services from the BL4. In an attempt to remedy this, the Gensus Bureau introduced TDSAs in Alaska: For Census 1000, the Gensus Bureau identifed 205 ANVSAs and Z TDSAs in Alaska. Fewer ANVSAs were deiinoatad for Census 2000 primarily because soma of the ANVs identified in. previous censuses were not recognizedin accordance with the ANCSA or recognized by the BIA. R. Proposed Alaska Native Areas for the 2070 Census A. Alaska Native Regional Corporations (ANRCs) The Census Bureau is not proposing any changes to the process for delineating the ANRC boundaries i'or the2010 Census. The boundaries used by the Census Bureau for the ANRCs represent their regional boundaries establisnad.in accordancewith the ANCSA. These boundaries do not take into consideration land withdrawals, selections, er aamxeyanaos under tlto ANCSA, par any form o{lend ownership. The boundaries for the ANRCs will. be included in the materials for the Boundary and Annexation Survey (BAS). Each ANRC's boundary will be reviewed, especially in relation to the boundaries of the Public Land Survey System (PCBs) townships and sections, to confrrm that it is floe correct legal boundary for that region as deveiopad under the ANCSA. Each ANRC will also be reviewed to determine if the correct ANVSAs era depicted within its regional boundary. At the request of the ANRCs, the Consus Bureau willconkinue to work with representatives of the twelve ANRC non-profit associations to review their regional boundaries end to ensure that the name far each region continuos to closely match the name of the for-profit ANRC for tinat region (see Table 21. coo 142(}6 Federal Register I Vol. 73, No. b2 /Monday, March 17, ZO~t3 / Natices TABLc 1.-ANRC FOR-PROFIT CORPORATEONS AND NON-PROFIT ASSOCIATIONS ANRC name For-Proftt Alaska Native Regional Corporation ~ Non-Profit Alaska Native Regional Association 1. AYdna ._......_ .......... ...:..._.. i Ahtna, Incorparated ....................._......... ........................ I Copper River NativeASSOCiation. 2. Aleut ..................... ............ j The Aleut Corporation .....:...:.................. ....................._. Aleutian-Pribilof Islands AssoctaYion. 3. Arctic Slope .......... ............ i Arettc.Slope Regional Corporation ......... ......;......:.......... I Arctic Slope Native Association. 4. Bering Straits ........ ............ 'Bering Straits Native Corporaton .._....... ...................._.. Kawarak, Incorporated. 5. Brstol Bay ............ ............ 18nstol Bay Natve Corporation ............... ..,._.. ~ Bristol Bay Native Association. 6. Calista ................... ............ ' Ca(ista Comoration ................................. ........,._............ Association of Village Council Presidents. 7. Chugach ............... .._.... .........:.. (Chugach Alaska Corporation .......,. .,...__..,...... ~ Chugachmiut, Incorporated. ,...... 6. Cook Inlet ............. : ............ Cook inlet Region, Incorporated . ~ Cook Inlet Trihal Couribit. 8. Doyon ................... .......... Doyon, Limfted ........................................ ........................ Tanana Chiefs Gonfarence. ~ tive Association. t i. NANA .................. al Co ora8on ............ NANA Re ion ManiiSa Association. C t2. Seaiaska ............. . ........... Saafaska Corporatln .........._................. of Tlingit and Haida Indian Tribes. ouncil .........:............., i Central B. Alaska Native Village Sfrztistirai Areas (ANVSASJ The goal for the 2010 Census is to improve the delineation of ANVSA boundaries to result in more consistent and comparable AN'VSAs and mote meaningful, relevant, and reliable statistical data for Alaska Natives and their ANVS. The majority of ANVSAs from Census ZODO meet this goal No new types of ANAs are proposed for the 201D Census. ANVSAs are statistical geographic entities representing the residences, permanent and/or seasonal; for Alaska Natives who are members of or receiving governmental services from the defining ANV located within the region and vicinity of the AAiV's historic andlor traditional location. ANVSAs are intended to represent the relatively densely settled portion of each ANV and should include only areas m~here Alaska Natives, esuecially members o£the defining ANV, represent e significant proportion of the population during at least one season of the year. ANVSAs also should not contain large areas that are primarily unpopulated ar do not include concentrations of Alaska Natives, especially members of the defining-ANV. The delineation of ANVSAs is not meant to necessarily depict ]and ownership, including any land withdrawals, selections, or conveyances £ar the ANVCs, nor to represent all of the area over which an ANV has any farm of governmental authority or jurisdiction, nor to represent all of the traditional ox historical areas associated with the ANV. incIuaing areas used for subsistence activities. Representation of ANVSA boundaries in Census Bureau products is solely for the purpose of data collecfion, tabulation, and presentation and dons not convoy or conferany rights to land ownership, ' governmanfial. authority, or jnrisdictional status. Although ANVSAs represent relatively densely settled concentrations of Alaska Natives, and Therefore are similar to places, there are some key differences. The two place-level geographic entities for which the Census Bureau. publishes data are incorporated maces (cities in Alaska) and census designated. places ICDPSl. Lncorporated places era governmental entities sanctioned by the State of Alaska to perform general purpose functions and whose boundaries are defined without specifically considering ANV members or other Alaska Natives. CDPs era unincorporated places delineated. by State and borough officials in Alaska, and are intended to encompass all people at a given loaetian, including ANV members. Incorporated places and CDPs are mutually exclusive of each other because, by definition, a CDP represents a named, unincorporated _ area. Because APdti'SAs are daflnad specifically±o represent concenn*ation.s of Alaska Natives, they are not constrained by other place-level geographic entities; that is, ANVSAs m.ay overlap incorporated places and CDPs. An A13VSA may be delineated to encompass onip a part of err incorporated place and/or a CDP; it may encompass area within multiple incorpoated places or CDPs; nr it may cover an area that has neither incorporated places nor CDPs. In addition, ANVSAs are used in census data collection activities and era included in the specific American IndianlAlaska Native geographic hierarchy for tabulating end presenting data $•om the 2010 Census; incorporated places and- CDPs do not appear in the American Indian/Alaska Native geographic hierarchy. Incorporated places and CDPs do not clearly identity geographic entiffes that are specific to Alaska Natives, and therefore data for incorporated places and CDPs likely will, reflect the characteristics of bath. Alaska Native and non-Native populations. ANVSAs will. be used to tabulate and present data from bath the 2010 Census and the ACS. Defining officials should take into consideration that ACS period estimates of demographic characteristics for geographic entities that are small in population size will be subject to higher variances than comparable estimates for geographic ehtities with larger populations, Thus, iP en ANVSA contains only e small number of housing units occupied by Alaska Natives during at least one season of the year, then the quality, reliabilit}=, and availability of the sampledata. may vary from year to year. In addition; the Census Bureau's disclosure avoidance and data quality assurance methodologies may have the effect of restricting the availability and amount of data. for geographic entities with small populations. On the other hand, if an ANVSA encompasses a Large total nopulafloh that is not representative of the ANV's membership or service population, then the data for the Alaska Native populatianmay be subsumed, or `masked," by the charaaferistics of the overall population. The more closely an ANVSA's boundary relates to the distribution of ANV members and Alaska Natives receiving govemmental services from the ANV-, and does not include lazge narnbors of people and households not affiliated with the ANV, the mare likely that data presented for the ANVSA will reflect the characteristics of the ANV population. Therefore, uvhen. delineating ANVSAs, it is importarrt to strike an appropriate balance, avoiding a definition that is too small to obtain meanSngful sample data, and. one that fs so Large that data for the Alaska Native population are masked by the presence of a high percentage of non-'.dative hduseholds. The Census Buroav. h.as taken these concerns tntc> consideration when developing the criteria and. guidelines proposed balo~a;. 101 Federal RegisterlVol. 73, No. 521Monday, March 17, 20081 Notices 14207 Officials designated to.delfneate -. boundaries also should consider that tribal affiliation data, including ANV - affiliation, as collected by the Census Bureau, generally are not released for geographic entities that are small in population size, including ANVSAs, due to data disclosure concerns. If an ANVSA is defined in accordance with the program criterieand. guidelines, the ANVSA data may provide e surrogate for tribal affiliation data for a. specific, small geographic area, while tribal affiliation data are available fax larger geographic entities such as the whale State of Alaska. Although eligible, an ANV may elect not to delineate an ANVSA if it will not provide meaningful, relevant, or reliable statistcal data. Far example, the data may not be meaningful, relevant, or reliable because the member population now resides in other places or has been completely sunsumed bynon-member andlor non-Native populations, However, these ANVs may still be able to receive meaningful, relevant, and reliable statistical data. for Eheir ANV membership athigher levels of census geoo aphy, especially through the characteristic of vibal affiliation, but a specific geographic solution to their data issues, like an AI~SVSA, may not be feasible. 1. Proposed ANVSA Criteria and Guidelines for the 2010 Census The Census Bureau proposes the following criteria and guidelines for the 2010 Census, Criteria are those rules and conditions that must be met when defining a geographic entity; guicielzr_as are prar_.ediiras and mxasnras suggested by the Census Bureau. to enhance the utility of statistical geographic areas far presentation and analysis of statistical data. a. Proposed ANVSA Eligibility Criteria An ANV would be eligible to delineate an ANVSA for the 2010 Census if the ANV is: i. Recognized by and eligible to receive services from the BIA, or ii. Recognized in accordance with the ANCSA as either a Native village, or Native group. BIA recognition (criterion. i. above) is determined by inclusion of an ANV on. the BIA's 3ist of recognized tribes' or by addenda to the list as published by the BIA. ANCSA recognition (criterion ii. ' Publtshed regularly in the Federal Register iT accoidence with the Federally Recognized Indian T'rihe Act of 1904 (Pub. L. No. 103-454, 106 Stat. s7s] 1]ssel; 25 vs.c.49s~1 (zopoD. As pf the publiratlpn eC this Notice, the hst. was last published in the Federal Register nn Thursday. Merril 22, 2007 (72 FR ].36 46-136 5 2). above} is determined by inclusion of an ANV an the$LM's list of ANCSA recognized Native villages and Native groups; the HLM's list of those ANVs recognized in accordance with the ANCSA is available from the BLM's Alaska State Office, Table 2 provides a list of the 237 ANVs that meet these proposed criteria end guidelines and that would be eligible to delineate an ANVSA far the 2010 Census. Tab Le 2 also lists the BIA, recognized name for each AN'V s and indicates whether each is a Native village or Native group in accordance with the ANCSA. Any new ANV recognized by the BIA or in accordance with. the ANCSA as of lanuarv 1, 2010 (the reference date for geographic entity boundaries for the 2010 Census}, also will be eligfbleto delineate an ANVSA, The following three tribes in Alaska recognized by the BIA would not be eligible to be represented by ANVSAs. because they are not ANVs, are large regional tribal associations, or have a legally defined American Indian reservation: • Cenfral Council of the Tlingit and Haida Indian Tribes • Inupiat Community o£ the Arctir. Slope • Metlakatla Indian Commvnfty, Annette Island Reserve All ANVs that were eligible to delineate TDSAs far Census 2000 would be eligible to delinsateANVSAs for the 2010 Census if the resulting ANVSA meets all the program's criteria. TD5As would not be delineated in Alaska for the 2010 Census. The Census Bureau will continue to work with representatives ofthe BIA- necognized ANV to delineate their ANVSA for the 2010 Census. If the ANV is not recognized by the BIA. ar if the BIA-recognized ANV government does not respond to the Census Bureau's invitation to participate iu the ANVSA program, the Census Bureau will work with the ANCSA-recognized ANVC or Alaska Native Group Corporation (ANGC), as app;3cable, to delineate their ANVSA, If neither replies to the Census Bureau, the Census Bureau will work with theANRC non-profit associations in. whose region the ANV is located. to delineate the ANVSA. If none of the entities referenced above reply to the Census &ureau, time and. resources permitting the Census Bureau may delineate an ANVSA for the ANV. b. Proposed ANVSA Location Criteria All eligible ANVs shall be located. in areas of historical and traditional s Fram the Federal Register notice nnblished Tnusdag, Ntorch 22, 20p7 (72 FR 13e4a-136x2), significance. These locations era referenced in: • The BIA recognized name for an ANV-e.g., Native Villtige of Atka; • The former BIA recognizedname for anANV--e.g., Iqurmuit Traditional Council (formerly the Native Village of Russian Mission}; and/or • The BLM ANCSA recognized name for a Native village orNative group- e.g., Buckland nr Canyon Viilaga. The latitude and longitude coordinates listed in Table 2 represent the paint location of each eligible ANV, as daterrrlined by the Census Bureau. Each point ideation has been verified using the ANRC boundaries, the L?SGS Geographic Names Information System (GNIS) point locations, L*SGS topographic maps, Location information from. previous censuses, BLM Core Townships, ANCSA 14(c} survey plats, location information from the State of Alaska, and Native allotment boundaries. The latitude and longitude coordinates ]toted for en ANV provide the starting point for delineation of that ANVSA. Each AN~,'SA must primarily include land immediately stuxounding the corresponding point locations listed in Table 2 for each ANC, but may include additional territory according to the other final program criteria and guidelines. The point location information for each ANV included in Table 2 is used in the specific ANVSA delineation criteria. and guidelines listed below. c. Proposed ANVSADalfneation Criteria and Guidelines 'Phe Census Bureau has reneivad comments nom. data users, utibas, and ANV officials over the past twenty or more years regarding the purpose of American Indian/Alaska Native statstical geographic entities, including AN'VSAs, end haw they should be defined to facilitate tabulation and. presentation of meaningful data. In response, the Census Bureau proposes the following criteria and guidelines to help ensure that ANVSAs delineated for the 2010 Census support their intended. purpose, provide useful andmeaningful data far the ANV they represent, and enhance the ability of data users to make more meaningful comparisons between ANVSAs. When finalized, the proposed criteria must be followed by all officials delineating an ANVSA for. the 2010 Census. The guidelines are provided to assist delineating officials in defining an ANVSA. Proposed fiNVSA LYeiineation. Criteria is ANVSAs delineated far the 2010 Census shall not overlap. r.®2 14208 Federal Register/Voh 73, No, 521Monday, March 17, 2008/Notices ii. An ANVSA shall pat completely surround the location of another ANV as listed in Table 2. iii. All portions of an. ANVSA must be ].acated witnin fifty miles of the ANV's point locafion listed in Table 2. iv. An ANVSA shall not include more water area than land area. Large expanses of water area should ba included only to maintain contiguity, to provide a generalized version of the shoreline, or if the water area is aompletely surrounded by land area included in the ANVSA. v. An. ANVSA's boundary shall follow vieible, physical features, such as rivers, streema, shorelines, roads, trails, and ridgelines. Qfficials dalinea?:ng ANVSAs may use nonvfsible lines as an ANVSA boundary only if acceptable boundary features are not available. For examgle, an ANVSA boundary may falinur the nonvisible, legally defined boundaries oFANRCs, boroughs, or cities. Proposed ANVSA Delineation Guidalrres The following delineation guidelines are suggested good practices to improve the utility of ANVSAS for collecting, tabulating, presenting, and analyzing steflsfical data for Alaska Native populations. These are not requfromants, but rather ale suggestions for consideratfoa when delineating ANVSA boundaries. An ANV SAshould not extend beyond the regional boundary of the ANRC in which the AMr is located (see Tablc 2J, This helps avoid confusion. regarding tL-a ralatianship betwaea ANRCs, ANUS, and ANVSAs, end helps orient data users woxkingu2th data for both ANRCs and ANVSAs, An ANVSA should. not exceed 325 square miles in eras. Based on review of ANV5As boundaries from previous censuses-as well as other information about ANVs and ANVSAs, the Census Bureau suggests this size as sufficient to encompass the Alaska Native population and housing associated. with each respective ANVSA, but not so extensive that large amounts of non- Native population and housing are included. Housing units occupied by Alaska Natives,6 even if seasonal, should constitute th.e majority of housing mri.ts within. an ANVSA. In addition, the population wi.Lhin an ANV 5A should. be .majority Alaska Native, and, of that population, the majority should be ~ IE ustng xece data. from Census zoeD eether than some othe^ data. smm:e, use data for "P-merican Indian azxd Alaska Native plane ox La comhiretien with one nr more xacae" to determine whether an ANVSA n~eots the proposed delineation crifmria. members of or population served by the delineatingANV. An ANVSA should avoid encompassing or including any portion of a military installation ar a large partior. of an. urbanized area. These guidelines are suggested to help ensure that the data presented for an ANVSA are as meaningful as possible. and avoid including large amounts of non-Alaska Native population and housing units. An ANVSAa1so should not contain large areas without housing ox population. Specifically, ar. ANVSA should have a housing unit density of at least three housing units aer sauare mils. The Census Bureau suggests this threshold based on. review of ANVSA boundaries item previous decades. An ANVSA should. be contiguous; that is, an ANVSA should form a single area with a4 territory located within a continuous boundary. This makes identification of the extent of the ANVSA easier for residents and data. users, and also provides for a clearer representafian of the ANVSA's boundaries on maps. A-rr ANVSA, howevez, maybe defined with multiple nonconfiguous pieces if doing so helps avoid inclusion o4 population and hauling not associated with theAN'V. d. Proposed ANVSA Naming Criteria The name for an ANVSA must match the corresponding ANV riame in Table 2, If an ANV wishes to use a name that deviates from the corresponding ANV name, the ANV mus*. submit a brief statement describing the reason for the change. Changes to the name of an ANVSA wrill be considered only if submitted fn wrtirg and signed by the highest elected official (Chairperson, Chief, or President) of the ANV. 2. ANV5A Review Process As with all of the Census Bureau's statistical geographic entities, the Census Bureau reserves the right to modify, create, ar reject any boundary or attribute as needed to meet the final program criteria oz to maintain geographic relationships before the tabulation geography is finalized far the 2010 Census. Tho Census Bureau will accept an ANVSA only if it meets the final program criteria. Any decision to reject e particular ANVSA delineation will be convoyed to the delineating official in writing. The delineating official may redeIinaate the ANVSA and re-submit it to the Census Bureau for review. Interested parties will be able to review and comment on delineated ANVSA boundaries and names. If a aispute between two or more parties actors over the botmdary delineated far a specinc ANVSA, the Census Bureau encourages the respective parties to reach a mutually acceptable agreement that aomplies with the final program criteria and follows the final prop am guidelines. There may. he instances in which a mutually acceptable boundary for an ANVSA cannot be delineated, or the mutually acceptable boundary does net follow the final program criteria and guidelines. Lu such instances, the Census Bureau shall give prioxiry to the boundary submitted by the ANV delineating officiate in recognition of the government-to-government relationship with the ANV, provided that the delineated ANVSA meets the final program criteria. If a mutually acceptable ANVSA is not. delineated in accordance with final program criteria by the program's deadline, the Census Bureau may, independently delineate an ANVSA. III. Definiflons of Key Terms end Acronyms Alaska Native-For purposes of this program, Alaska Native refers to anyone who self-identifies as an American Indian and/or an Alaska-Native and resides in Alaska. Alaska Native area (ANA)-A geographic entity within the State of Alaska that isdefined for the collection and tabulation of decennial census data fox Alasks Natives. For tine 2010 Census, ANAs include Alaska Native Regional Corporations (ANRCs) and Alaska Native Village statistical areas (ANVSAs). Alaska Native Group Corporation (P.NGC}-A corporation created in accordance with the ANCSA and organized under the laws of the State of Alaska ass for-profit or pan-profit business to hold, invest, manage, andlor distribute lands, property, funds, and other riglrts and assets for and on beh¢lf of a Native group. Alaska Native Claims Settlement Act (ANCSA)-Legislation (Pub. L. No. 92- 203, 85 Stat, 688 (7971); 43 U.S.C. 1602 et seq. (2000)j enacted. in 1971 that recognized Native villages and Native groups, and established ANRCs and. their regional boundaries. ' AlaskaNative Regional Corporation (ANRC)-A Legal geographic entity established. under the ANCSA as e °Regfanal Corporation" to conduct bath. the forprofft and non-profit affairs of Alaska Natives within a defined region. of Alaska, Twelve ANRCs cover the entire State of Alaska except for the area within the Annette Ssland Reserve (an AIR under the governmental autiiarity of the McClakatla Indian Comsrunityl. Alaska Native Urban Gornoraiiar; (ANUC}-A corporation created in 103 Federal Regiaster/Vol. 73, No. 521 Monday, March 17, 2008/Notices 14209 accordance with the ANCSA and organized under the laws of the State of Alaska as afor-profit or.non-profit business to hol ,invest, manage, and/or distribute lands, property; funds, anal other rights end assets for and on behalf of one of the four Alaska Native urban communities recognized. under the ANCSA: Juneau, Kenai, Kodiak, and Sitka. Alaska Native village (ANV}-A local governmental unit in Alaska that constitutes an association, band, clan, community, group, tribe, or village recognized by and eligible to receive services from the BIA andlor in accordance with the ANCSA as a Native village or Native group. Alaska Native Vlllage Corporation (ANVC)-A corporation croated in accordance with the ANGSA and organized under the laws of the State of Alaska as afor-profit ornon-profit business to bald, invest, manage, and/or distribute lands, property, funds, and assets for or on behalf of a Native village. Alaska Native village statistical arse (ANVSA)-A statistical geographic .entity thatrepreaents the residences, permanent and/or seasonal, for Alaska Natives who are members of or receiving governmental services from the defining ANV that are 1ocaH+d wiLbin the region and vicinity of the ANV's historic and/or tradiflonal location. ANVSAs are intended to represent the relatively densely settled portion of each ANV and should include only an area where Alaska Natives, especially mombers of the defining ANV, represent a significant proportion of the pogulation during at least one season of th,e year. FiNVSAs aiso should not contain. large areas that are primarily unpopulated or da not include concentrations of Alaska Natives, especially members of tho defining ANV. American Indian reservation (AIR)-A federally recogrized American Indian land area with. a boundary established by final treaty, statute, Executive Order, azrdlor court order and over which the tribal government of a federally recognized American Indian tribe has governmental authority. Tha AIR in Alaska is referred to as s. reserve (Annette Island Reserve). ANCSA 14(c) Survey Plat-A map issued by the HLM that depicts the surveyed boundaries for each Native village and its ANVC in. accordance with the process sat out in Section 14(c) of the ANCSA (See 43 U.S.C. 1613(c) (2oa0j). Digital. versions of the completed plats axe available online at h ttp:!/ftp. d o bd. d cad. state. a ]c. u s/ ]. 4 cP1 atsPt 4 o-Ptat's, him. BLM Core Township-A PLSS township designated in accordance with the ANCSA, 43 L;.S.C. 1641{b) (2000), in which all or part o£ a Native village was determined to be located. Borough-A legai geographic entity within the State of Alaska. For purposes of this program; the Census Bureau treats boroughs as equivalent to a county in other states for data collection, tabulatron, and presentation purposes. In addition, when used generically, this term also includes "cities and boroughs," "municipa)ii'ies," and "census areas" in Alaska. Boundary and Annexation Survey (BAS)-A Census Bureau survey of legal geographic entities. In Alaska, BAS includes boroughs, boroughs and cities, municipalities, cities, ANRCs, and faderaliy recognized American Indian. reservations. Its purpose is to determine, solely for data collet+Son and tabulation by the Census Bureau, the complete and current inventory and the-correct names, legal descriptions, official status, end official boundaries of the legal geographic entities adth primary governmentai authority over certain lands within the tinited States as of January 1 of the survey year. The BAS also collects specific informatiosto document the legal actions that- established eboundary or imposed a boundary charge. Hm•eau of Indian Affairs (BIA)-The primary agency of the federal government, located within the Department of the Interior, chaffed urith the trust responsibility between the federal government and federally recognized American Indian and Alaska Native tribal governments and communities, including BIA recognized ANVs. Censors area-A statistical geographic entity that serves as the equivalent of a borough in Alaska ead that is delineated cooperatively by tine State of Alaska and the Census Bureau solely far the purposes of subdividing that portion of Alaska that is not within an organized borough to allow more efficient census data collection and more useful census data tabulations. Census designated place (CDP)-A statistfcal geographic entity with a concentratior. of population, housing, and commercial structures that is clearly identrfiabla by e single name, but is not within an incorporated place (i.e., a city in Alaska). CDPs are intended to bathe statistical. counterparts of incorporated. places far distinct unincorporated communities. City-A Iega1 designafi.on for incorporated places. Contiguous-A description of a geographic entity havingan. uninterrupted outer boundary such that it forms a single, coanected. piece of territory. Noncontiguous areas Eorm seoarate, disconnected pieces, Geographic Names Inmrmation System (GNIS)-The GNIS is the federal stahdord for geographic nomenciature. The L'SGS developed the GNI5 for the U.S, Boardan Geographic Names as the officia) repository of domestic geographic names data; the official vehicle for geographic names use by all departments of tine federal government; and the source for applying geographic names to federal. electronic and printed products. The GNIS is available online at lrttp:/igennames.nsgs.gnv/domesfici index.html, Incorporated place-A governmental unit, incorporated under statelaw as a .city, town (except in New England, New York, and Wisconsin), borough (except in Alaska end New York), or village, to provide governmental services for a concentraflon of people within a legally defined. boundary. Legal geographic entity-A geographically defined governmental, adminisfrafive, ar corporate entity whose origin, boundary, name, and description. result from charters, laws, treaties, or other governmental action. Examples-are the United States, states and statistically equivalent entities, counties and statistically equivalent entities, minor civil divisions, incorporated places congressional districts, American Indian reservations and off-reservation trust lands, school districts, and ANRCs. The legal geographic entities that will be recognized for the 201D Census are those in existence on January 1, Z01D. Native alloanenF-Land in Alaska allotted to Alaska. Native adults primarily in accordance with the Native Allotment Act of 1906 {Ch. 2469, 34 Stet. 197 (1906)). A Native allotment can he up to 160 acres in area (.2v of a square mile), and its title is hold in restricted fee status (see "Restricted fee land'9, Native allotments were provided from the public lands at large in Alaska and reouired each Alaska Native appiicont to demonstrate use and occupancy of the alloirnent for at least a five-year period. Although many Native allotments are still used far subsistent activities, most cIo not include housing units. Nativo group (NG}-Any tribe, band, clan, group, commanity, village: or village association of Alaska Natives designated by the Secretary of the Interior composed of less than twontp- fiva, but more than three, Alaska Natives, who also comprised a majorit}% of the residents of e locality at the finae of {he 1870 Census. 104 14210 Federal Register/Vol. 73, No. 52/Monday, March 17, 2008; Notices Native village (NV)-Any tribe, band, clan, group, cnmmunftg, village, or village association of Alaska Natives listed in Sections 11 and 16 of the ANCSA (See 43 U.S.C. 1610 and 1615 (2000)] or which the Secretary of the Intariar determines was composed of twenty-five or more Alaska Natives and who also comprised a majority of the residents of a locality at the time of the 1970 Census. Nonvisible feature-A map feature that is not visible such as a city, borough, or ANRC boundary through space, a property line, or line-af-sight extEnsioa of a road. Pub. L.-Public Law Public Land Survey System (PLSS)- A rectangular system of surveys used. to subdivide and describe land in the United States. The PLSS typically divides land into six-mile-square townships. These'townships are subdivided into 36 one-mile-square sections. Sections car. be further subdivided into quarter sections, quarter-quarter sections, or irregular government lots. Tha PLSS consists of a series of separate surveys. Most PLSS surveys begin at an initial point, and townships are surveyed north, south, `. east, and west from that paint. The north-south line that runs through the initial point is a true meridian and is called the Principal Meridian. There are five Principal Meridians in Alaska- Capper River, Fairbanks, Katael, Seward; and Umiat -that should be used when desi:ribing a garflcular tov/nshfp or section. For more in£nrmaiion on the PLSS see http:// navon a(atlas.gov/orfi cl es/boundaries/ a_plss.html. Regional Corporation-See Alaska Native Regional Corporation (ANRCj Restricted fee land-A land area for which an individual American Indian or a tribe holds fee simple title suhject to limitations ar restrictions against alienation or encumbrances asset forth in the title and/or by operation of law. Restricted fee lands may be Located an or off a federally recognized reservation, Native allotments in Alaska are one type of restricted tee land. The Census Bureau does not identify restricted fee lands as a specific geographic category. Section-A PLSS region approximately one mile square tha± is a divisior. of a PLSS township. Statistical Area-See statistical Geographic Entity Statistical geographic entity-A geographic entity specifically defined far the collection and/or tabulation of statistical data from the Census Bureau. Statistical. entities are not established by law and their designation by the Census Bureau neither conveys nor confers legal. ownership, entitlement, jurisdiction, or governmental authority, Tribal statistical geographic entities, also called statistical areas, include ANVSAs and TDSAs, among others. Township-A PLSS region approximately siz miles square that contains thirty-si,x approximately ono mile square PLSS seatfons. Tribal deaignatad statistical area (TDSA',~--A statistical geographic entity identified and delineated for the Census Bureau by a federally xacognized American Indian tribe that Does not currently have a reservaton and/or off- rasarvattcn. u~:st lard. A TDSA is intended to be aomparable to the AIP.s within. the same state or region, especially those for tribes that ace of similar size. A TDSA encompasses a compact and contiguous ores that contains a concantratton of individtmis who identify with the delineating federally recognized American Indian tribe and within which there is structured and organized tribal activity. Although two TDSAs were delineated within Alaska for CensusL000, TDSAs will not be delineated within. Alaska for the 2010 Census. A11 AArVs eligible to dellrieate TDSAs within Alaska for Census 200D are eligible to delineate an ANVSA within Alaska for the 2010 Census. Tribal Statistical Areas Program {TSAPj-The Census Bureau's program for the 2010 Census, through which updates to American Indian and Alaska Native statistical geographic entities will be obtained. Visible faari;re-A map feature that can be seen on the ground such as a road, railroad track, major above-ground transmission lira or pipeline, river, stream, shoreline, fence, sharply defined. mo.u7.tain ridge, or cliff. Nonstandard visible feature-A subset of visibly features that may not be clearly defined on the ground. (sach as a ridge), may be seasonal (such as en intermittent stream), or may be relatively impermanent (such as a fence). Executfve 6rder 12866 This notice has been determined to be oat significant under Executive Order 12as6. Paperwork Raductian Act This program notice does not represent a. calleation a£ infonnat; an subject to the requirements of the Paperwork Reduction Act, 44 U.S.C. Chapter 35 (2000J. Dated: March 21, 2008, Stove A. Murdock, Director, Auraau of fhe Census. Taste 2.-EuGlete ANVs ANV name ANRC h'P SA BIA recognized names Longitude Latitude 7. Afognlak ............. Koniag ............ NV ....., nlanve Village of Afognlak ......................................:............. I -152.7652 ~ 58.0221 " 2. Aktuok ................. Koniag ............ NV ...... n/alive Vitlage of Akhiok ........................................................ -154.1703 06.9456 .......... Akiacnak 3 Calista ............. NV ...... Akiaahak Native Community ......................._............:.......:... -167,4276 i 60.9026 ... . . .......... 4 Akiak Calista ............. NV ...... Akiak n/atve Community ...................................................... i -1612222 ~ 60.9119 . . .._ ... 5. Akutan ................ Aleut ,............._ NV ...... n/atve Village of Akutan ....................................................... -165.7809 I 66121 - 764 54.1364 62 6797 Alakanuk . ........... 6 Calista ............. NV ...... Vlllage of Alakanuk ......................................................._...... . , . . . .. 7. Alatn/a Oa on ~~~~~~~~~ NV ...... Alain/a VIIIa e ..-......... ~~.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -152.7563 i 66.5636 ......... . 8. Alskn/a ik 9 y _.._ Bristol Ba NV ...... i g 'agik .._............__ .................... _........ n/atve Villa e of Alekm -'.58.6169 59.2 89 Alexander Creek 9 Cook Inlet ....... NG ....., I rifa .................._..._..............................._.............................. i - 750.5999 I 61.42 8 . 10. Algaaciq ........... . :Calista ..........,.. ' NV ...... 'I Algaaciq n/alive Village ......................................................... ! ' -163:1769 ! -152 6506 62A534 5597 66 7t. Alfakakei .......... ............. i2. Am61er 1 Dayon ............. . . . .. ' n/an/a ............ NV :..... ...... NV sllage ..................__.........,............._...__.............. ~ AAakakat V ! n/anus Villa .......................... .. ge of Ambler ......................... ~ i . ~ - 757.6677 ~ ~ . 67.0874 73. Aniaktuvuk Pass Arc[ic Slope .... NV ...... ~ Village of Anaktuvuk Pass ..................................._..._.......... ~ - 75Y.7286 68.7460 14. Andreafsky ....... . =Calista ._.......... NV ...... Yupiit of Andreafski ..........................._.................................. ) -163.7934 62.0476 75. Angoon ............ . (Sealaska ......... ~ NV ..._. Angoon Community Association ........................................... -134.5624 57.4975 16. Aniafc ................ . :Calista ............. NV ...... !Village of Aniak ..........:.......................................................... I -159.6467 67.575E 17. Anvik ................ . ! Doyen ............. NV ...... : P.nvik Vi(lage ............._.......................................................... ! -16G.t965 , 6CaE51:7 ios Federal Register(Vol, 73, No. 52(Monday, March 17, 2008/Notices 14211 TABLE 2.-EUGIBLE ANVS-Continued ANV name , ANRC ANCSA type, i BIA recognized names Longitude it Latitude. t6. Arctic Village ...,. Doyon ............. NV ....:. I Native Village of Venefie Tribal Government (Ara4^ Village) I ~ -'145.5263 ~ 68.1243 99. Asa'aarsarmlut .: Calista ....:........ . NV ...... ~ ...........,.. Asa'carsarmiut Tribe .......,..................,.................. . -163.7279 62.0906 20. Atka ..............:... Aleut .........._:.. I NV ...::. Native Vilage cf.Atka ..........................,................................. -174.2095 , 52.2106 21.Atmautluak .:....,. Calista ............. NV ..:... Viliaga of Atmautluak ............................................................ -162.2795 60.8591 22. Atqasuk ............. Arctic Slope .... NV ...... Atgasuk Village ......._......._................................................... -157.4135 70.4736 23. Ayakulik ............ Koniag ............. NV ...... n!a ...........................................:..........................._................ -154.5072 57.1949 24. Barow .............. Arctic Slope .... NV ...... Native Village of Barrow Inupiat Traditional Govemment .... -156.7811 , 71.2909 25. Beaver ... .......... Doyon ........ _... ' NV ...... , Beaver Vlitage ..................:........_........................................., -147.4026 fi6.3626 26. Belkofski ........... Aleut ............... NV ...... ; Native Village of Selkofski .................................................... ~ -162.6423 I 55.0865 27. BiU Moore's ....... ~ Calista ............. NV ...... Viliaga of Bili Moore's Slough ............................................... -163.7767 62.9449 28. Birch Greek ....... Doyon ............. ! NV ....,. Birch Creek Tribe ......................................................,......... -145.8190 66.2590 29. Brevl Mission .. 9 Bering Straits ,. j NV ...... Native Vllfa a of 8revi Mission ........._ ................................ '. g A -166.4685 65.3350 30. Buckland ........... NANA .............. NV ...... Native Viliaga of Bucklantl .................................................... - 761.1246 65.9767 37. Cantwell ............ Ahtna .............. NV ...... Native Village of Cantwall .......:......:...................................... ~ -148.9705 63.3921 32. Canyon Village , Doyon ............. NG ...... Na ...........................................................,........,........_.......... -142.0878 67.1548 33. Caswell ............. Cook inlet ....... NG ...... nla ,......................_......................................................._....... -149.9479 62.0047 34. Chaikyltsik ......,. Doyon ............. NV ...... Chalkyksik Viilege ........................._..............._..................... -143.7286 66,6534 35. Cheesh•Na ....... Ahtna .............. NV ...... Gheesh•Na Tribe .............................,...............:......._..........., -144.6542 - 62.5718 36. Chsfomak ......... Cafista ............. NV ...... , Viiiage ofChafomak ............................................................. -164.2723 60.1538 37. Chenega ........... Chugach ......... NV ...... ~ Native V01age of Chansga .................................................... -148.0124 60.0664 38. Chsvak ........._.. Calista ............. NV ...... Ghevflk Native Viiiage .........................................................., , -165.5807 61.528: 39. Chickaioon ........ Cook inlet ....... NV ...... Chickaloon Native Village ......................................:_............. -148.4916 61.800E 40. Chignik Bay ....,. I Bristol Bay ...... i NV ,,,... i Chtgnik Bay Tdbel Council .................................................... -156.4128 56.3031 4t. Chignik Lagoon ~ Bristol Bay ...... . NV ....., Native Village of Chignik Laaoon .......................................... -158.5302 j 56.3084 42. Chignik Laka ..... ' Bristol Bay ...... NV ...... I ~ Chignik Lake Vltlage ............................................................. -158.7522 56.249E 43. ChBkai .............. 5ealaska ....._.. NV ...... Chllkat lndan Viliaga ............................................................ -135.8964 ~ 59:3891 44. Chlikoat ............. Seaiaska .._..... n/a ...... Chilkoot Indian Associeiian .._..........._.,................................ -735.4460 i - 59.224C 45. Chinik ................ Bertng Straits .. ~ NV ....,, Chinik 'cskimo Community ...........................................:......,. -163.0287 ~ 64.544: 46. Chitlna .............. Rhine .............. NV ...... Native Vlilage of Chitina ........................................................ , -144.4412 61524E 47. Chuathbaluk ...., Calista ............. NV ...... Native Village of Chuathbeluk .................._........................... ~ -159.2481 67.577 48. Chulloonawick .. Calista ............. NV ....,. Chulioanawlek Native Village ...._.......................................... -764.1628 62.95D~ 48. Circle _ .............. Doyon ............. NV ....:. CircleNaiive Community ............................................._...,... -144.0723 65.8261 501 Clark's Point ..... Brlstoi BaY ~~~~~~ ~ NV ...... Village of Clarks Point ........................................................... -156.5471 56.833( 57, Council .............. Bering Straits .. i NV ...... Native Village of Council ........._......_.......... _..................,..... -163.6764 64.895( 52. Craig ................. I Seaiaska ......... NV ...... Craig Community Association......................................,......... -133.1253 I 55.487( 53. Crooked Creek Calista ..._........ NV ...... VIllage of Crooked Creek ...................................................... -158.1124 61.672( 54. Curyung s .......... Bristol Bay ...... NV ...... Guryung Tribal Council ......................................................... -158.4670 59.D48~ 55. Dearing ............. NANA .............. NV ...... Native VNlage of Deering ..._...................... _........................, -162.7253 66.078( 56. Dot Leke ...._..... Doyon ............. NV ...... Village of Dot Lake .........................._.................................... -144.0354 ; 63.6502 5>. Douglas _.......... Sealaska ......... UC ...... Douglas Indian Association ....._ .................. _........................ -134.3992 ~ 58.278' 58. Eagle ........:....... (Doyon ............. NV ...... Native VIllage of Eagle ......._._.................................._.......... -141.1113 64.780E 59 Eak ...... i.nflSta ......_ ,dV .. Natroe Village o, tin ..... i -7n2.9<47 60.21 iI 6D. Egegik „ , ,,, BriSml Bav ..,_ , NV Egagik Village . _.__ .... -7573536 58.217; 61. Eklutna . ...... Cook Inlet ....... ~ NV ..... ~ Eklutna Native Village ............ ... ....... ......... -149.3613 61.4601 62. Ekuks ............... 8dstoi Bay ...... NV ...... I Native Village of Ekuk ........................................................... -156.5534 58.803; 63. Ekwok ............... Bristol Bay ...... ~ NV ...... Ekwok Viliage ........................................................................ -f57.4666 59.351! 64. Eilm ................... n Straits .. ' Be 9 NV ...... Elim ..............._..............................~............ Native Village -162.2576 64.616; ' a65. Emmonak ......... 66. Evansville ......... gi Cailsia ....._...... 1 Do on ............. NV ....... NV ...... Emmonak Ville e .................................................................. g I Evansville Villa e .................................................................. 9 -y64.5454. : ' -151.5100 ~ 62.778 ( 66.927; 67. Eyak .................. ~ Chugaah ......... NV ...... Native Village of Eyak ........................................................... ~ -145.6351 60.526: 68. False Pass ........ Aleut ............... NV ...... Native Viliaga of False Pass ..._........_.....,...._...................... i -163.4121 i 54.6521 ko° NV ...... Native Viilegs of Fort Yukon ......................_......................... -145.2497 66.562' 7 NV ....:. Native Village of Gakona .............._...................................... -145.3118 62.300 0. Ga aria .......~ . I Doyon ............ ! NV ...... '' Galena Viifage .........................._................................_........, -156.8652 64.742' 72. Gambell ... _.._... ~ Bering Straits i NV ...... I Nafiva Village of Gambell ....._ .............................................. -171.7022 , 63.762 73. Georaetown ...... Calista ............. 1 NV ...... Native Vittage of Georgetown ............................._................ -157.6727 61.897 ~ 74. Gold Creek ..._.. Cook INet ....... (NG ...... Na ........................................_..............................._.............. ' -143.6939 62.756 75. Goodnews Bay Calista ............. NV ...... Native Viiiage of Goatlnews Bay ...:.............._.................._.. - 761.5864 53.123 76.GmyVing ............ Doyon ............. NV ...... Organizetl Village of Grayling ................_.....................:....... -760.0689 62.906 77. Guikana ............ Ahtna ............:. NV ...... Gulkana Vlilage ............................._...................................... , -745.3656 62.263 78. Hamlltan ........... Ca65ta ............. NV ...... (Native Village of Hamllton .........._......................................._ ! ~ -163.8598 , 62.889 79. Healy Laka ....... Doyon ............. NV ...... Hsaiy Lake Viilage ...................................................:............ - 744.6998 l 63.987 60. HoSy Cross ........ Doyon .._......... I NV ..._. Holy Gross Viiiage .........._ ................:.............................._.... -159.7738 62.198 81. Hoonah ............. Seaiaska ..._.... ~ NV ...... Hoonah Indian Association ...............................................,... -135.4346. 58.110 82. Hooper Bay ..,... ~ Calista .....__.... ' NV ...... Native Village of Hooper Bay ................_.............................. I -166.0976 61.529 83. Hughes ............. Doyon ............. NV ...... . Hughes Village ....._...................._............................._........., , -154.2551 66.045 84. HusUa _ .............. boyar.............. NV ..._. i Husfla Village .._..........:...................._..........._...._................ -156.3882 65.,'02. 85. Hydaburg .......... Saalaska ......... NV ...... Hydaburg Cooperative Association ................._.................... ( I -732.8201 55.206 86. Iglugig ............... Bristol Bay..... NV ...... igiugig Village ......_................................................................ -155.8927 53.326 87. Ifiamna ..........._. Bristol Bay ...... NV ...... ~; Vlilage of Iliamna ......................................................:_......... i -154.9511 59.7x6 68. Inalik ................. Benno Straits ,. i NV ...... I Native Viitaae of Diomede .................................................... -768.937C 65.?54 106 14212 Federal Register / Vol. 73, No. 52 /Monday, March 17, 2008 /Notices TABLE 2.-ELIGIBLE ANVS-Continued ANV name ANRC AyP85A BIA racognizsd names LongRutle Latitutle, 89. tqurmuit ............. ~ -0aiista ............. ' NV ...... Iqurmuit Traditional Counail ............................_.................... -16?.3287 ~ 4 - 617854 55 9033 90. tvanof Bay ........ Bristol Bay ...... NV ...... Ivanoff Bay Village ............................................................... Y 59. 836 : 91. Kaguyak .._........ I Koniag ............ NV ...... Kaguyak Vtllage ................................................................_.. --?53.7955 56.8669 92. Kake ... ............. 8eslaska ......... NV ...... Organized Village of Kake ....................................:............... -Y33.9451 56.9775 . 93. Kaktovik ............ Hrctic Slops .... NV ...... Kaktovik Viliage ..................................................................... -143.6Y 73 70.1324 94. Kaiskag ........ ... I Celista ............. NV ...... Village of Kalskag ......._................,...._................................. -Y60.3215 61.5400 . 95. Kattag ............... Doyon ............. NV ...... Village of Kaltag .................................................................... -158.7302 64.325£ 96, Kanatek Koniag tO .......,. n/a ...... Native Village of Kanatak ...................................................... - Y56A432 57.572E , 97. Karluk ~~ ~~.~~~~~ Koniag ' ~ NV ...... Native Village of Karluk ......................_................................. - Y54.4393 57.557£ 98. Kasaan .. ... 58alaska ......... ~' ~ NV ...... Organized Village of Kasaan ....._ . .................................. l -132.4017 5139 -162 55.541E 887E 60 99. Kasigluk ............ Calisia ............. NV ...... ......................_.............. Kasigluk Traditional elders Counci . . 700. Kemal .............. Cook Inlet ......, UC ...... Kenaitze Indian Tribe ................................................._......... -951.2614 , 60.5521 101 Katchikan ........ Sealaska ......... n/a ...... Ketchikaa Indian Corporation ..........:........._..._..................... ' -13Y.6445 i 55.3421 . . 102 Kiana NANA .............. i NV ...... Native Village of Kiana .......................................................... -160.4309 , 66.971. .. . ......._.. 903. King Cove ....... , Aleut ............... ~ ; NV ...... ' j Agdaagux Tribe of King Cove ....._........................................ j - 762.3029 ' -156 7372 1 55.062E 769E 58 704. King Salmon ... i Bristol Bay ...... n/a ,..... King Salmon Tribe ................................ _.............................. . . . Kipnuk :............ 105 Celista ............. NV ...... Native Village of KiPnuk ........................................................ 1 -164.0376 59.934: . 106. Kivalina ..............'.., NANA .............. NV ...... ' Nativs Viliaga of KWaiine ............................._....................... - 764.5386 67.729; ~~ ` I iation Kaah k I ~ iC ge of Kluti Kaah n ' 5 .... ... 109. Knik ....... Coo n et NV ...... ......................._............ k Trib R v 149 6822 6 4 710. Kwgank ......... Bnstoi Bay ...... ~ NG ...... n/a ......................................................................................... 1587991 .4 ` 58 22, 171. Kobuk ............. NANA .............. NV ...... Nativs Village of Kobuk ........................................_............... -156.8868 6fi.925f Y 72. Kodiak ............. Koniag ............ UC ...,.. Sun'agTribe of Kodiak ........_..........................._.................. -152.3885 57.800! 113. Kokhanok ........ Bristol Bay ...... NV ...... I Kokhanok Vtllage .................................................................. -154.7662 69.437. 114. Kongiganak...... , Calls#a ............. NV ...... Native VIIIage of Kongiganak .......................................,,......, -162.8851 59.953! 1 t5. Kotlik ...........:... I Celista ............. ( NV ...... Vtltage of KotNk ,.................................................................... I - 763.550D 63.032! 116. Kotzebue ......_ ~ NANA .............. NV ...,.. Native Village of Koizehue .................................................... i -162.5874 .66.8961 177. Kobuk .............. ~ Benng Streits .: ! NV ...... Native Village of Koyuk ............................,............................ ~ - 161:1628 j 64.9311 118. Koyukuk .....:.... Doyon ............. ! NV ...... Koyukuk Native Villege ......................................................... -157,7031 1 64.8611 119.Kwethluk .......,. Celista ............. J NV ...... Organized Village of Kwethiuk ......................................,....._ -161.4361 60.870 120. Kwigiilingok ..... Celista ............. NV ...._ j Native Viiiage of Kwigillingok ................:............................... -163.1647 59.869 , 121. Kwinhagak ...... ' Celista ............. NV ......: Native Vtitage of Kwinhagak ....................:......................,..... ; -161.9055 59.752 122. Lake I ~ Doyon ............. NG ...... n/a ....................................... ............................................... i -152.3122 ( 63.863 Minchumina. , 123. Larsen Bay ..... Koniag .....,._... , NV ...... Native Village hf Larsen Bay ......................_....:................... i Vill L -153:9874 -152.3351 , 57,535 i 57.777 124. Lesnoi ... Koniag .. . ; NV ...... age ........................................................................ esno 125. Leveiock ._.,.,,. Bristol Bay .._.. NV _.... Leveloak VIIIage ......................................._.........................,. : -156.8613 ' ! 59.111 126. Lime Village .,.. Galiste ............. I NV _.... Lime Vitiags ........................................................................... ~ -155.4378 ( 61.354 727. Lower Kalskag Calisia ............. . NV ...... Village of Lower Katskag I 160.3642 61.572 T 28. Manley Hai ;Doyon NV ...... .. Manley Hot S nn s Villa e ................................ P - 750.6107 ~. 65.008 S rin 129RMenokotak ...... i Bristol Bay ...... NV ...... lage ......._9 ...................................................... Manakotak Vil -158.9981 '' 58.972 hell ......,... 130. Ma Callst a ............. NV ....... .............................. _..................... Native Village of Marshel ,. -162.0878 61.879 ~ 137. Me s Igloo .... g i eerin Straits .. NV ...... 9 Native Village of Mary's I !oo ............................................... ' - 165.0676 j 65.148 132. McGrath ...,....., I Doyen ............. NV ...... McGrath Native Village ........................_. _..........,.._............. -1555759 62.948 Y 33. Makoryuk ........ Celista ............. : NV ...... Native VIIIage of Mekoryuk ............._.................................... ~ -166.1943 60.389 134. Mentasta ......... Ahtna .............. ~ NV ...... : Mentasta Traditional Council ........_....__.............................. ~ -Y43.7700 1 62.932 135. Minte ............... Doyon ............. NV ...... I Native Village of Minto .......................................................... -149.3497 ! 65J5C i 136. Montana Crask Cook Inist ....... NG ...... ~ Na .................:....................................................................... - 750.0650 62.06E 137. Nagamut ........, - Callsta ............. NG ...... Na ......................................................................................... -157.6744 67.01 E 938. Naknsk ........... Bristol Bay ...... , NV ...... j Naknek Native VIIIage ........................................................... -156.8669 ( 56.73; 139. Nanwetek ........ Chugach ......... NV ...... ?Native Village of Nanwalek ................................................... -15L9119 , 59.352 140. Napaimute ,...... Celista ............. i NV ...._ ' Naive Village of NaPaimu#e ........._...................................... - 158.6739 1 790 61,541 69E 80 141. Napakiak ......... Calisia ............. . NV ...... I Native Village of Napakiak ...........................,........................ 61.9 - . 142. Napaskiak ..,.... Celista ............. NV ...... Native VIIIage of Napaskiak .................................................. -461.7634 60.70E 143. Nelson Lagoon Aleut ................ NV .._„ Native Village of Nelson Lagoon ......_:.....,................:.........: 161.2070 56.00( 144. Nenana ........... Doyon ............. NV ...... Nenana Native Association ........._........................................ -149.0876 6456+ 145. New Koliganek Bristol Bay ...... NV ...... New Kaliganek Vlilaga Council ..._ ......:..............................._ - 157.2844 59.72E ' 146. New Stuyahok Bristol Bay ._... NV ...... Naw Stuyahok Village ............_.._ ......................................._ -157.3206 I 59.45 147: Newhafen ........ Bristol Bay ...... NV ...... Newhalen Village ......._ ......................................................... ~ -154.6924 ' 59.72: 146. Na~nrtok ............ Celista ............. I NV ...... Newtok Viltage ...................................................................... I -164.63(17 I 60.93- ute .~ 9 i a ot Nightmute ... . .:...............~..~ ...,...,~..~~~ . ~~~ i -164.7216 ~ 60.471 , ,,; 15G. Nikolai .. _...._... Do yen NV ...... - - fll 9e N kola) V ,, -154.3814 63.01: 151. Nikolski .........., Aleut ._ ............. ~ NV ...._ . . Nativs Villa e of Nikofski -168.8615 52.941 152: Ninilchik :......_. Cook Inlet ....... NV ...... j Nin+lchik Viilage ...._ ........................_...................................., - t57.6936 (10.031 i 153. Noatak ............ NANA ............... NV ...... 1 Native Village of Noaiak ....._..........................................,..... I - 762.9676 6L5T 491 64 154. Nome .............. Benno Straits .. NV _..._ Nome Eskimo CammuNty ......_..................:....................._,. I -165.3940 - 154 8564 . I 59 96; 155. Ncndalton ...._. ~ Bristol Bay ...... NV ...... NV Nondaiton Village ................................................._...........,... ......_....._... . lk Native Communit ' N . . -161.0440 . ' 66.83 156. Noorvik ........... ys~ Nnrthwav ___. ;NANA .............. I Doyon ............. ...... I NV ..._. .. y .............................. oarv No;thwav Vilfags .........................................._.._..............,.... -141.95Y7 j 62.98. lob Federal Register /Vol. 73, No. 521 Monday, March 17, 2008 /Notices 14213 TABLE 2.-ELIGIBLE ANUS-GontlnUBd ANV name ANRC ANCSA ~e> BIA recognized names Longitude Latitude 758. Nuigsut .......,... Arctic Slope .... NV ..,..: Native Vlilaga cf Nulgsut .................. .............. ................. 151.0000 ~ 70.2166 159. Nulato ............. ( Do on ............. Y NV ......: Nulato Villas ..........................,....,,........._............................ 9 _158.1066 64.7246 160. Calista ............. NV ....,. Nunakauyarmiut Tribe ................,........................................... 16..1037. 60.5338 Nunakauyarmiut. ~ 161. Nunam Iqua .... Caliste ............. . NV ...... Native Village of Nunam Iqua ...........:................................... -764.6525 62.5298 162. Nunapitchuk .... Calista ............. ~ NV ...... Native Vlilaga of Nunapitchuk ................,............................... - ffi2.4522 :. 60.8966 163. Ohogamiut ...... Calista ..........._ ~ NV ...... Village of Ohogamiut ............................................................. V -161.8648 ~ 65.5704 I 764. Old Harbor ...... Koniag ............ • NV ...... I Village of Ofd Harbor ................_.......................................... -153.3037 i ' 57,2104 165. OrutsararmuR .. Oalista ............. . NV ...... Orutsarannuit Nativa Village ................................................. -161.7730 6G.796A 166, Oscarville ........ Callsta _.........., NV ...... OscarvAle Traditional Village ................................_............... -167.7756 I 60.723E 167. Ouzinkie .......... Koniag ............ NV ...... Native Village of Ouzinkie ..................................................... -152.5062 i 57.9237 168. Paimiut ............ Calista ............: NV ...... Native Villags of Paimiut .............................,......................... -165.8201 ~ 61.703C 169. Paubif Harbor Aleu! ....._........ NV ...... Pauioff Harbor Village ........_ ................................................. -1627077 i 54.4577 170. Padro Bay ....... ~ Bristol Bay ...... NV ...... Padro Bay Viilage ...................._................,.......................,.. i - 754.1484 ~ 59.778E 177. PerryvNte ......... - Bristol Bay ...... NV ...... Native Village of Perryvilla ...................................._..,...... ~ -159.1633 55.914C 772. Petersbur 9 Sealaska ...,_..._ ~ n/a ...... Petersbur Indian Association ............................................. ~~ a -132.9572 ~ 56.81'12 173. Pilot Poin ....... Bristol Bay NV ...... I ae of Pilot Point ................. .......................... .... . Native Vill -157.5753 57.5545 774. Pilot Station .... Caliste ............. NV ...... Pilat Station Traditional Village ..........._............................ _.. ' -162.8825 61.937: 775. Pitkas Point .... Calista ......._.... NV ...... Native Vlilaga of Pftka'S Point ........,..._ ................................. ( -163.2826 ~ 62.034E 776, Platinum ........_ ! Calista .............. NV ..„.. Platinum Traditional Village ................,................................. ; -161.6237 I 59.009E 177. Point Hope -..... ~ Arctic Slope .... NV ...... Native Vlliage of Point Hope ................................................. - i6o7693 I 68.348E i 78. Point lay ........ Arc6o Slope :... NV ...... Native Village of Point Lay .................................................... --783.0062 69.7421 179. Pdinr Passes- Cook Inlet ....... NG ...... I n(s ................................................................:........................ ~ -750,4170 61.030E sior,. 760. Port Alsworth .. Cook Inlet rr .... i NG ...... n/a ...................:...................................................... i ............... -154.3223 6C207E 187. Port Graham ... Chugach ......... NV ...... Native Village of Port Graham ............................................_ , -155.8353 59.3461 182. Port Heiden ..., Bristol Bay ...... NV ....., Nativa Village of Port Helden ........................:....................... i -156.6250 56.932E 183. Port Lions .....,: Koniag ............ NV ...... Native Vlliage of Port Lions ..:............................................... i -152.8894 57.865<, 164. Portage i Bristol Bey ...... NV ...... Portage Creek Villags ........................................................... -757.7774 56.907; Crack°. ; ~ 185. Rampart .......... Doyon ............. NV ...... ' Rampart Viilage .............................................................._.... -150.7453 65.509 I 786.Red Devil ........ Calista ............. NV _:_. Vlliage of Red Devil_,........................................................... -i5i.338Yi 61.783: 187. Ruby ............... ' Doyon ............. NV ...... NaGVe Vlliage of Ruby ..........,............................................... -155.4729 64.737 188. Saint George .. Aleut ............:.. NV ...... Pribilof Islantls Aleut Communites of St. Paul and SL -169,5619 56.604 George islands (Saint George Island;. 569. Saint Michael .. Bering Straits .. NV ...... Native Village of Saint Michael ............................................. I -162.0364 I 63,478 130. Saint Paui ....... (Aleut ............... ~ NV ...... Pribi?of islands Aleut Communities of St. Pau! and St -17p.2727 . 57.127: George Islands (Saint Paul Island). a 791. Sfllamatof ....,_ ~ Cook Inlet ....... NV ...... Vlliage of Salamatoff ..............................._............................ -157.3194 50.675 792. Sand Point ...... Aleut _ ............. NV ...... Qagun Tayagungin Tribe of Sand Point Village ................... -150.4905 55.345! i 93. Savoonge ....... .Bering Straits .. , NV ...... Native Village of Savoonga ..............................................._.. -170.4640 63.695! ' 194. Saxman .. Sealaska ......... ; NV ...... Oraanizetl Village of Saxman ............................................... -137,6003 ; 55.322 795. Scammon Bay Celista ............. ~ NV ...... Native Vlliage of Saammon Bay ..:..._................................... -165.5818 61.841' t 96. Selawfk .........,. NANA .............. '; NV ...... I Native Vlflage of Seiasuik .............,,...................:................... ( -160.0162 ~ 6E.59E1 ~ 197. Seldovia .......... Cook Inlet ....... NV ...... ~ Seidovia Vlilaga Tdbe ......:.................................................... -751.7123 59.4391 198. Shageluk ._...... Doyon ............. NV ...... Shageluk Native Village ........................................................ -155.5227 62.855 199. Shaktoollk ....... Bering Straits .. NV ...... Native Vlilage of Shakioolik .................................................. ~ -161.7845 64.349'. 200. Shishmaref ..... !Bering Straits .. NV _.... Native Vlilaga of Shlshmaref ........................_......:................ -166.0666 i fi6.256~ 201. Shungnak ._.... NANA .............. ~ NV ...... Native Vlilaga of Shungnak ...,,........,..................................... -757.1426 ~ 66.687 202. Sttka .............._ Sealaska ......... UC ...... Sftka Tdbe of Afaska ............_.......:..............._...................... -135.3426 I 57.054: 203. Skagway ..._.... Sealaska ._....., nla ...... Bkagway VNlage .................................................................... -135.3119 59.458' 204. Sleatmute ..:.... ! Ceilsta ............. NV ...... i Village of Sieatmute .............,................................................ -157.1689 61.696. 205. Solomon .. Bering Straits .. NV ...... Village of Solomon ..:............................................................. -164.4468 ~ 64.559 206. South Naknak 267. Stebbins ......,.., Bristol Bey ...... Baring Straits .. NV ....,. , NV ...... South Naknak Vlitaga ......................................_.................... Stebbins Community Association ........_....._ ..............._._.... -157.D026 -162.2820 ~ 58.tt2 I, 63.520 208. Stevens Village Doyon ............. ' NV ...... Natve Village of Stevens ..............................._.._................. -149.7039 86.005 ~ 209. Stony River ..... Calista ........ _... NV ...... Village afStony River ................................................:.......... -156.5698 67.789 270. Takotna ........... Doyon ..._........ NV ...... Takoma Viifage ...................._.................................._........... -156.0870 62.972 277. Tanacross ....... Doyon ,......._... NV ...... Native Village of Tanacross .................................................. I -143.3565 63.376 212. Tanana ........... Doyon ....._...... NV ...... Native Vlliage of Tanana ....................................................... '; -152.0763 65.577 213. Tatkiak ............ Chugach ......... ~ NV ....., Native Village of Tatttlek ....................................................... ' -146.5779 60.866 254. Taziina ............ '. Ahtna .............. NV ...... Native Village of Tazlina ............._......................,.,............... -145.4264 62,056 215. Telida .............. 216. Teller ........ _..... Doyon ............ Bering Straits .. NV ...._ NV ...... i 9e ........................................................... 'Telida Villa......... Nativa Villa e of Teller ................~..................................,...... - 753.2765 -166.3628 63.384 65261 217. Tetlin ............... Doyon ............. ~, NV ...... Native Village of Tetlin ......:_................................................. - 542.5239 ' 6&135 218. Togiak ............. Bristol Bay ...... NV ... I Traditional Village of Togiak ................................................. i -780.3764 ( 59.061 ~ ev 220. Tuntutua ak ...... , Calisfa ............. I NV ...... of Tuntutu lak .....___....................._....._........ ! Natuve VII ag I tic,342 221. Tununak .......... Caiista ..........._ I NV ...... Native Vlliage of Tonunak ..................................................... -165.2586 222. Twin Hills ........ Bristol ea ...... t NV ...... Twin HIIis Villa e ................................................................... o -160.2836 ( I 59.677 I 223. Tvonek ...... _.... ,Cook Inle ....... ~ NV ...... f Tvonek ....................................:.................. Native Vlllaoe -15?,1494 61.071 9 D 4 7 a 108 14214 Federal Regisfes/Vol: 73, No. 52/Monday, March 17, 2008/Notices TABLE 2.-ELIGIBLE ANV5--CO~t11lU2d ANV name ANRC ~ AYPeSA ! BIA recognized name6 I Longitude Lailtude 224. Uganik ......:..... Koniag ............ ~ NV ._... n/a .................. ~ ................... ' i -753.4046 ~ 57.7565 225, Ugashik ...,....... ! Bay ...... Brist NV ...... ......................... ............:............................. hik Village , U9 -157.3687 57.5027 226. Uhivok ............. 9 Berin Straits .. NV ...... Ty .................................... ....... 9 Kin Island Native Communi ! 1 -166.0718 ; 64.9643 " 227. Umkumiute ..... Cai!sta ............: I NV ...... Umkumlute Native Village ......................._............................ ~ -165.1989 00.4997 226. Unalakleat ....... Banng Straits .. NV ...... I Native Vltlage of Unalakleet ................................................_ ~ -160.7914 ~ 53 7 ~ 63.8777 8746 53 229. Unalaska ....._.. ~ Aleut ...._......... ~ NV ...... ( Cawalungin Tribe of Unalaska ................_..........:..........._.... i -166. 3 5050 I -160 . 1841 55 230. Unga ..........._.. ( Aleut ............... NV ...... ~ ' Native Village of Unga ............................._...._..............._.... . 0076.1 -154 . 57.6336 231. Uyak ............... 232. Venetia .........., Koniag ............ Doyon ............. NV ...... NV ...... n/a ....................................................,................................... Native Village of Venetia Tribal Government {Village of ~ . -146.4149 67.0178 Venetia). 233. Wainwright ...... Arctic Slope .... NV ..._. Village of Weinwrlght ........................_......,..._...................... ! -160.0202 70.6446 9 ~~~.~~ t ' 65.6082 235. White Mountain 18ehn Straits .~. 9 ...... NV . ive Village of White Mountain ....................._...._..._,.... .. Nat I 2 i 4 7 1 64.6605 4752 66 .......:. 236. Wrangell Saalaska ......... : nla ...... . Wrangell Cooperative Association ........................................ 0 ~ 132.3 9 . 237. Yakutat ........... , I Sealaska ......... (NV ...... , . ., - ~ I Yakutat Thngl. i r.be ............................................... .. ......_ - 7k 5 139 ~ 59.5543 ~ In this column, "NV" means a'Native village", "NG" means a "Native group", "UC" means an "Urban Corporation", and "n/a" meam that the ANV is not recagnizetl in accordance wtth the ANCSA. 5 The BIA recognized name for each ANV is taken from the Fedeeel Register notice pub{ished Thursday, March 22, 2007 (72 FR i364A- 13651;. "n!a" in this column means that the ANV is not recognized by the BIA and la not listed In the BIA's Federal Register notice. e The ANVS Curyun , Ekuk, end Portage Creek ere all represented by the same ANVC, Choggiuhg, Limited. Choggiung, Limited stso rep- resents the ANCSA 14~c) sites of Igushik and Lewis Pcin[ that should be considered when these three ANVS are delineating their ANVSAs: i6 The Kanatak ANV Is cumenriy located within the boundary of the Koniag ANRC in the Census Bureau's records, but may receive services from the Bristol Bay Native Association. If the ANRC boundaries and the ANV's point location are correct in the Census Bureau's recortls, the ANV will be eligible to tleilneate an ANVSA within the boundary of the Koniag ANRC for Gensus 20f0. ~~ The Port Aiswonh ANV is currently located within the boundary of the Cook Infat ANRC in the Census Bureau's records, but they receive services from the Bristol Bay Native Association. If the ANRC boundaries and the ANV's paint IocaYian are c-Direct fr, the Census Bureau's records, the ANV will be eligible to delineate an ANVSA within the boundary of the Cook Inlet ANRC for Census 2070. [?R Doc. ES-5282 Filed 3-14-08; 8:45 am.] 81LLING CODE 3516-N-P DEPARTMENT OF COMMERCE Economic 6evaiopment Administration Proposed information Collection; Comment Request; Revolving loan Eund Reporting and Compliance Requirements acENGY: Economic Development Admuristration. ACTION: Notice. SUMMARY: The Department of Cnmmarce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other federal agencies to take this opportunity to comment an. proposed and/or continuing inSarmation collections, as required by the Paperwork Reduction Act of 1995. BATES: Written comments must be submitted on or Bofors May 16, 'L 008, ADDRESSES: Direct aI1 written comments to Diana Hynak, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NVtt., Washington, DC 2p230 {ar via the Internet at, dhynakuJ+doc.god//. FOR FURTHER INFDRMATION CONTACT: Requests for additional ini'armati.on or eopi.es of the ulfarmatian collection instrument and instructions should be directed to Kenneth M. Kukovich, EDA PRA Liaison, Office of Management Services, EcononticDevalopment Administration, Department of Cammarce, HCFIB Room 9227, 1401 Constitution Avenue, NW., Washington, DC 'L0230; telephone: (202) 482-4965; fax: (202} 501-0766; e-mail: kkukovich@eda. doc.gov. SUPPLEMENTARY INFORMATION: :. A6smac~ The mission of the Economic DevelopmantAdministration (EDA} is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions far growth and success in the worldwide economy. One of EDA's seven economic development programs is the Revolving Loan Fund (RLF) Program, tinder the RLF Program, EDA's regional offices award competitive grants to units of state and local government, institutions of higher education, public or private non-profit institutlons, EDA-approved economic development district organizati.ans, and Indian. Tribes to establish RLFs. Following a grant award, an RLP grantee disburses money from the RLF to maze lawns at Intexast ratea that fire At. oT below the current market rate to small businesses or to businesses that cannot otherwise borromr capital. On occasion, RLFs also make loans Yo finance public. iafrastructura. As the loans are repaid, the grantee uses a portion of interest earned to pay administrative expenses and adds the remaining principal and interest repayments to the RLF's capital hose to make new loans. An RLF award that is well managed is.actively used to make loans to eligible businesses and entities, contirtuesto revolve funds, and does nothave a termination dote. One of the unique features of the program. fs the+., b}=law, EDA must exercise fiduciary respcnsibilita over its RLF portrolio in perpetuity-a significant ahailenge Sipco many RLF grants date back to 1979. To date, EDA has managed its RLF pot~tfolio by requiring grantees to file the Semiannual Aapart for EDA-Funded FtLF Grants (ED-2095) every six months. EDA. has exercised its discretion to allow some grantees to file on. an annual basis, and these grantees submit the Annual Report farEDA-Funded RZ,F' Grants (ED-209A) once a year. However, a recent Department of Commerce (DOC) Office of Inspector General (OIG) report tttled Aggressive EDA Leadership and Oversight Needed to Correct Persistent Problems in 1?LF Program (Audit Repari No. OA-18200- 7-OQOI/March 2007; for the fuL renoxt, see hfip:/i nnvvr.aig.doc.govloiglreports/ 20091EDA-OA-28200-0,?-2007.pdf found that EDA failed to exercise adequate oversight of tike program. Specifically: the OIG found. that EDA.: m Did not have an adequa~ta tracicJn.g and oversight system. 109 , s CITY C)~` I~E1~A.I '~ Vittage xsttk a past -tatty wtth a future. " gACELGRaLTPaD AIQD PERSOPl'AL DATA - eANDIDATES ~oR APPOIN'I`PdENT can2a~al°rTE~s A~'D S~~E~k JAN ~ 6 2UD6 ~~ ~~E~ DATE: NAffiIE: RETURN T0: KENAI CYTY CLERIZ 210 FIDAI+fsC3 AVENUE RENAI, AK 99611 PHONE: 283-7585, EXT. 281 PAX: 388-SORB Resident of the Cfty of Keae3? `.~~ t' ~. ~a~ Reaideace Address ~ - _ ~`" Mailing Address Ham.e Tel~hone No;~ '-J . rJi- Home Fax No. Business Telephone No ~"' Business Fax No. ~~r"' Email Addre~ss: ,,~~~~-~~~~~ Ivlav we inclsde your contact infoxmaation on our web page? ~:1 If not all, what information may we include2 li.+aw _!P i C" /!~%'~.. ~} ,/P7../ 3ob Tftle NAME OF SPOUSE: Carreat memhershigsa axgaafaatioas; Pactargsaizatfioaalmembershigs: ~, a i'°^'" c' `~.~f3C/~-.~ ~,fV OR CO}11IMISSIONS YN WHICH YOU ARE INTERESTED: WHY DO YOU~WANT TO HE INVOLVED WYTH THIS CflMS2ISSION OR COMMI'I"I'EEY WHAT SACKt3ROUND, EXPERIENCE, OR CREDENTIAL6 D6 YOU POSSESS TO BP.ING Tfl THE BOARD, CflM&IISSION OR COMMITTEE &IEMBERSHIP? Signature 248 iio 20~ Al~s~ Amended Ga ~ Pe®Cn~t ppEecatrnn 6AMESOfCNANCEANDCONTESTSOFSKILI 82bA Applyonlineatwvnvrax.alasP,a.gov/gamrng <~ththee~epfionaftheElN,gamingpermftnum6erandtheorganizationname,completeor~rthe information that has changed tram information suBmiired an the ocioinaf appVitatinn forthis permit year. ~raanizatsan Infors~a~ion kdea7 E7N 6amfng permit= Phonenumber kx number ( 92.0938853 9207 907-252-a4?3 9t#a• 8Q-S894 OrgaMtatlan name tlkbsite address i La Societe Qes Eiommea 9589 Carr Voiture Atailingaddress Gty Sate Zip+d i ces. a®r 2caos tceneE AK 9 --_ Entity type (check one) , organization type (check one} fordefinitions, see AS 05.15.690 and 15 kAC 160.945 f QCorporatlon ^Charirahte ^fratpmai ^POlice orRredepartmenr G7 Partnership Gitiricorz.rrice ^LaLmr P7PoVitrcal ^ AssoGa[ion ' ^ Dogmushers'assodaiion ^h9unitipa6ty Ogeliginus f j ^Edu.ational QNan-pmftttra@e aronatlan Dt+eterans ' fl ^F+shino derby assodafian ^Dutboatd rtrJmr association dIWVNath~a eiilaae j OYes ONa Ooesrhe orgattiraacn Fave iS ar mnrz members ahaarE Alaska residens as dzfinud iayour artl:fesafincorperatianvbylaers? 3~e~r6ers ~n C~targe of Gages tvlembers in charge musthe natural persons and aai~~e members oftheorganization, oremployees o`the municipality, and designatedbythe organization. Members in charge maa not be licensed asap oaeratoc be a vendor aran employee afa vendorfnrtMs arganization.lfmare than one alternate, attach aseparatesheet Primary member first nam: ~h4i iPnmary membzriastname Soriatszcuri{ynumber Email ~Dayaimeptrone number. A1obll=. number { ! NomzmaNing address Clty I ~~~_, S{ate tip+4 AK I Has thaHas primal rymember passed the rost? C7Yes pNo Permitkundersvhich iessvas aken EfffQivf na['c oftongE ~ 4^, Add ^DelEre ) ~ega~ ~es~fons These gDestions mast heanswemd.Ifyou answerYesto either question, see instmdions, Alternatemmwer first rtamE 'M4 Attemate memberiast Tama 5ofatscturitynomber Ematl Daydma phane number piobile cumber ---~ Namemailir~address ~ Cite Sa ~ AK 2ip t a HastheahematememW.rpassedthatest? AYES Qho Permakunderwhicht~twasiakea (efietttvedateatchang= i ^Add uOciEie pYes ENO Hasany memberofmanaaement orany personwha is respensibte icreanungactivities evar been mnvicrEd ofafE(o~ry.entoNOn,araviolation aiaiaw orortlinaMeofthisztate, or anoiherjurisdittian,tharisa crone invoh4ng thePtordishoneit};ora violation oigamb&nglaws? OYes24Na Dxsanymemberofmanagememoram/peronwhoisresponsihleforgamingaKrvitieshasreaprohihicedcan8i:tofu+{eteKasdefinedbyt5MC76D954? NJe declare, underpenattyafuns;yam ialsifitation, that vmhave examined this apakcation, including anyattachmenis, and that, ro the 6staiavrknowdedgeandbelief, it istrue ~. .-r.' / CI,,., ~ .~ L~ "a t tit ~, Tvuatapi softhaapplieatinnmustBesenttaaiiappiica6iemunidpaiitiesar¢iiboroughs. oe See instructions inrmandatoryaitachments. I ~~~~ a Mm1roA€askaCepastmento€Revanue-TaxD'€vision I ~~~, ~ g ~Q~~ PO Box 710420 • }uneau, AK 99811-042G } Phone (907}465-2320 • fax (907)465-3098 ~~~ wwFSt¢rolasko.aav/gaming d26A 5tatainaeopyfatyaaaereeaeds Forma4as-tswa,twebaeetoio?torzops•paget 135 ~sriEiter-hasP~ r~mPC ESP~~-i~tE°E~C$Pf~~lfmnrethantwafaa7ities.ariachaseparatesheet az6a . W_... OAdd _r ____T FanOtyname __...__ ,_ _. , Physidaddress fry State AK Zip+4 !&Delau Atraeric~n~Le last F+os1~2O 902 Cook 3L LCe Fxllltytype (checY. one}. ^pvned pleased Gamegpe (theckall thatapp(yf -. - $i-anatatl p8inga E~Rahie BfRd}-tahs pAnimattlassEC([hitken)"^Anirnaltlassic{ratrate}' pSpecgidravrraffie""' pCatcutiapod"" a OAdd Fadllryname Phyvealaddress C¢y kate I AK ZiP+ poeletz Hcitrtyty~e{checkone) p Awned ^teased p-anated Gametypa{checkallthatapp4y} ^Binga pRaffie pPuN•tabs ^AnVma}classic (Qr(cken}" pAnimal dassit (2trace}• na poo~f , p Calta svrattln" ^Spetlal d'a ~~^~ ~ , x R mn, Ee ~vrnrd}~•aennr..-_-_.~ ...................i,.......w,..t,..~. f'iYL4 AJ64d9.4d 41A1¢v4..d uuv¢umi uvra,mw a ww.~~a+..r.~....... .~ pAdd Area Gamenroe(ched:atlthata~ty} ^D>lete pPiaihe ptontestofsk0l pFehd<rby ^Dagmuslters'rontat ^C}assic(~edf}$ OAdd Area Game typetchetkallthatapp}y9 ^Delete ^Rafk pCante;t afskll! ^flsh derbq pt}ag mushers'mmest ^Classic(sped(y! n$~adtileS Required onlyfprself-directed p Delate „ ___ Has themanagat afgames passed thet:>t? ^Yes Ci Ha ~haP~Qe ®~~endOr Vendorsmavonlvselfpull-tabs. Attachvendorregistratipnform(s}andfeeis)foreachvendoelisted. ~~g Bararliquarstaename Physicaiaddress qty State lip+4 p palefe ~tt~ Preae era` ~ ~aea€ aa7os oe~aas ~~ue aa~+v, ec~naa AK 99sa~ p Add dararliquorstaaname Fhysinl address Gty State Zip+d p D>lete AK pAdd Baror;iqunrstorename IPhpsita}address Crty State Zip+4 p pelete 1 AK ^ktld 8aror ltquar store name Physrral adtlress Cay~ State &p+; p DeMre AK ^ktld f Baror liquor srore nzme Ph}5iral adbr~s Oty siaie uP+§ ~~9a~~~ 0~ ^ Add contraa. If more than one a ~~~tiple-beneficiary Perrnie~ i~af~ra~inn (i~~P} liesignatethe MRP. If mor; than one chanpe,attach a separate sheet. pAdd ItABPname. -- -_-- Gametype(s} F48Ppermftk pQeletge Aa &de4.lQCafi~On O~et PrnCeedS Desaibe in detail howthe orpaniaation's oseotnet aroceeds fiom narninaactivitieswill rhann~. 826A Retaa6n a eopy €oe yocar recorr35 Farm64D5-626A2 weh Rev ttfl67 far 2008•pageZ 136 n ~t ac tequ~ seam snot mom. Apetmmee magna? twttraetmwm mme~an fivaVendnrs aPmrcYMt. t_. A anllae at vna~t~,at~s~gm''+F~ t' ~. G'y ^Ca~ %r ~c"~" 137 ~YE9 ~Na Nffiaroa m@7llbet ai ®taPfe Yd~$tlES Gknamiim atF[vnksauErN~na'tunaiAmt~ef'arw'uns adtRrttra, nrauEnaxrL,n.~fstz..~. OO¢~ iSKa A~1~ned G~i'C11@1 Pe~'CE~~$ Ig~atf0~t GAMESOFCHABCEANOCONTESTSOFSKiLL 82bA applyordineatwvrvr..taxalnska.gov/gaming WldhtheezceptionoftheElN,gamingpermitnum6erandt}teorgan¢afionname,mmpleteoniythe infnrmatianthaihas rhargedfrominformation submitted on thernigina! appNation farthis perm(tyear. u~rrsanosa~t~~trs inf€~r~t,~fi~nn FederalElN Gandragpermit€ Phonenumher faznam6er ~ 92-0138853 12067 907-252-3473 9Q7- 0.5890 Qrgani¢atlon name Website address I La Societe Des Hommes 1539 Garr Vaiture FAailing address Otp State Tip-h4 AK 11 r pD. fax 23x9 KesaP Entitg type (check one) Qrganiratian type (cheek une} for definktions, see AS 05.15.640 and 75 AAC 166.995 ^Corp;,2tian ^Chadtabie ^Fratemal OFolirearfiredepanment i ~Rartnership dCrviraserrim ~iabor L7Puii6rai F~ Association ^ (?og mushedassxfafian D A4unicfpaifly C7Raligious ~ Eucatlonat C7 Nan-profRtrad^, assae(arlon ^Vetetans ^FlSitfnp tlerbyassoda6an ^Oatboard motor asso6ation ^IRAMativexiaane f C]Yes ONo ttaes the wganixatinn iraue 25orrtmrc members vrhaare Alaska residentsas dcsned in your strides ofinratporadon er byidvrs? Members 9n Charge ofi Games Members in charge must be natur(pesons and active members of the organisation, ar employees ofthe municipality, and designated by the organisation. Members in charge may not be licensed as an apeeatar, be a vendor or an employee of a vendorforthis organizaiion.lfmam than one alternate, attach a separate sheet ?rimarymember5rztname PAI i Prinyrymamb~^rtastrtame ~Saciat sewdtynumber i 6na0 Oaytlme ptrone number Stabile number Home malting address CRY Stdre Lp =" C AK Has the pdmarymember passed the rest? ^Yes QNo PermitRurtder vfiith t251 was taken E:eaive date ct change ~ ^,"wad CCeeu Cega~ Questions These questions must beans~vered.Ifyou answerYesto either ouestian, see irtsiruc8ons. AltematememberErstnarr~a A;! aternatememheriastwme ~ Sodal secedrynamber Email - ~ •Daytimephonenumber ~ Mobae number Namemailmoaddmss ----- - Cri}, Stat* AK lip-ta Has ihealtemare m=mbar passed the test? QYes ^No Parmit3underwhirhtestwastaken 1 _'Hfaaive dare of change uAdd ~fi>nre i ^Yes ~Na Hasany membero£managemenroranypersonwha isresponshle(argaming acdrRias evarGeen mneiued oia falony, exmrbaora vidahon oEa lavrarortl'manceofthissiate, aranotherJrtdsdlcpon, thatisa trine Im~vingthe7t ordishonesty, ara violation afgambimg Laws? Yes ~IhtQ DaesanymemberafmanaaememoranypersonwhoisresponsiNlefagamingacihntleshaeeaprohibRedcanf"aaofintere:*,asdefined'oyt5AAC16P.459? Wededare, under peaaRy ofuaswom falslfiranan, tfiwt wehave examined mis appGcatian, indudinganyattarhments, and that ro the best ofourknowiedgeandoelref, tt is Frue Twacopi softheapp6isatia6rnsust~esengtoaliappii¢abfetttonidpa4itiesandbarougfis. Depanmentonly:datestamp See inrtructians for mandatory attachments. Maii to A9aska ileparhnent of,Reventse-Tax Division PO Box 170420 a 7uneau, AR 94ET1-0420 Phone (9D7)46S-x320 ~ Fax (9D~46S-304$ www,raxalaska,gov/gaming 826A Retainacopyforyoarreeoetis (rormD965-826A.1webRe~.•7D/9TrarZ(NS.paget 138 Iotganization nalr~ varmity pcen~ne 10I1CiHXAMtW La Sacieta ®as Fiaunmas 9539 Corr Voitur'e 12Q7 GAMFiCECHAt1CE Fac{iity-~3dSpE~ GCtlpS ~$elf-E~l~°pC$p~~Ifmarethantwofacillties,attachaseparatesheet e7~R~iraaru~an 826A sYJlt 7Add FacilltynamP Physical address Ctty State A~ Zip+4 _-- v316elete Am®rieaes Laa ion Post 25 902 C o S4. FaMirytype (check onel Gametype lcheuaR thataDplp).. " " ^Cakuttapaol ^owned Qidased 510dnatetl ^atnga. ®Fafiie H1PuD-Wbs ^Artimal classi: (chidkn}^` ^Animat classic (ratrote}• ^SpECial brawraifiE' OAdd Factliryname - iPhniutarktress Tip+4 CiCS' 5 ~ ~ ^Delete EaoTay type (check onel ^owned Cl Leased ^Donated Game type CchadaN thatapptyi C16ingo ORaffiE DAU1l-tabs ^Animat classic (chicken}' IIAnimal classic (vafree}=- C}SpPCialtlrawrffle`" C.S Calcutr pool'"` pra~_{~a~cnr~~~reanc ~ ,.~.._..._,~__., ..r,,..,,,..,~„~r,..a+. Yt . ^Add Area C>ametype (chediaB thatdpplY) ^Delete ^Ralfle IIComes[ofs~71 t]Rshderby IIDogm~shermrtest ^Ciassiclsperih•} ^Add Area Gametype(chealtthatap9hi) ^Delete ^Paifle IItontestofsedli C7Fishdedrf E7DogmushetsmntESt ^Qassic(spECify) )under Of ~dCBlpS Aegairedoniyfnrsekf-directed pull-tahsandbingo. CtAdd Manager firs[name Pofi Aianaeer lastname Sortai semdry number Daytime phone number DDEIPIP Homemailingaddress ChS' irate ~TC'+4 Ematl AeimitSunaervrhichtesitaken Efiettive daieatfiange „t Nastne manager otgames passed thetest? Yes C7lto ~~€~ nqp C2f ~pn~Or Vendors may only sell pull-Wbs. Attach vendor registration formts) and fee(s) foreach vendor listed. ~l Add Barorllquorstorename Physical addres Cm+ State Zip+4 ^Delete The Place Sar ~ INotoi 447155 Ysensa Sjscaz Hauy. Kenai A~ 99619 O Add Bar drliquorsmrr nam=- IPhyicalzddress City Sate Zip+4 Z delete AK ,Add Bar o-rfigvarstnrrname Phy>lcaf address CYry ` State try+4 ^ Delete It 'a'(( OAdd BaroAip¢orsrore name Phytirat address City State Zip+4 ^Delete I Q~ 4Add daror hpuarsmrE namE ~ Physrral address QCy I SiatC lap+4 ^Deie>a ~ XH~ - Change of Qperatar Designate operator. ff adding an operator, atach a signed operating contract. {i more than one change, attach a separate sheet. ^iati oparatar name Busmessname Game type(s) OpEratorikensek C7 Delera ~~ultip9e-beneficiary Permittee lnfQra~i®n (f~EP~ Designate the tUtBP. iP more than one change, attach a separate sheet ^Add MBP name Game rypE(si MBP pannhX r DeiNE ~pB~ICatlOn ~f ~p~ PrO~ppE~5 Describe in detail howtheorganization.4aseofnotproceedsframaaminoactivitiesw(1(chanoe 16A I Retadra a copy foe yoae recotx3s 139 Font o4pi-626A2 web Beato/07 torldp& page 2 nreamrm~ma n ~ torearn tensor p1C8itaS. ApEttTUtteamag4o8 cattiaeCaN6h mlhe tha0 ~beeen6e[sataxtPmc. AppF~ anikra ar ww~~r.~{n. L,~s ~6n Hatarrymmiheo€ otar~w6als _brg~niragasttalr~everconrktedofafpdra~ oraadalaiianafa~ ctS~ ~Flm fmyaucmpioyaracomracth04eprA>5~yaoaheoaaramcmhrs.~re4h~des~n~rarmmagerINgamvgfospcea~gaartart L7i~.S ~~o Qo~tllu~acler~iana ~ vr~otl~ IS ~~ 0~' C~n$'1'dCC 5~I E~ Par3vanCtisAS~.19.1~,venda'Nstedm {atlEaa6saca+~ndnrmbah~ilfa N~pMmretee troa~t~e~vtf~etace~d~r~oangaertvh~;, d~ tmad9o the t 70 ticks, 0 ~@h 75 AAC 160.490. Ukda~,~krAs~yda~mn ,dM.ame tta$ aoso~muxasa~ mataaa rkare~~ar~a• =5 =L7< j,/n',fU Pmm Su~t&~r toaEtiarZ 140 m~teemeymarca~am~s~s~arga,~ese~en.9~ae~ts,trrae~rm+dar CITY OF KENAI NOTICE OF PUBLIC HEARING JUNE 4, 2008 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of June 4, 2008. 1. Ordinance No. 2311-2008 -- Finding that Certain City-Owned Land, Identified as TSN R11W SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated for Park Purposes. 2. Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. 3. Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 4. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of ltvo Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. 5. Ordinance No. 2315-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. 6. Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. 7. Ordinance No. 2317-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. 8. Resolution No. 2008-29 -- Authorizing a Sole Source Contract to Kidde Fire Trainers for $45,000 for Software and Installation Services at the Fire Training Facility. Resolution No. 2008-30 -- Fining the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 10. Resolution No. 2008-31 -- Transferring $20,000 in the Airport Fund for Pavement Maintenance. 11. Resolution No. 2008-32 -- Transferring $14,016 in the Water and Sewer Fund to Replace Lift Station Pumps. 12. Resolution No. 2008-33 -- Selecting Wince-Corthell-Bryson for Architectural/Engineering/Environmental & Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. 13. Resolution No. 2008-34 -- Declaring that a Zamboni be Considered Surplus and Authorizing Trade with the City of Palmer for an Atco Trailer, a Large Volume Exhaust Fan, and Other Miscellaneous Items. 14. *Liquor Lacense Application (Newj • Samm McGee's, Inc. #4794/Beverage Dispensary Tourism 15. *Restaurant Designation Permit • Robert B. Gray/Samm McGee's Inc. #4794 The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 996111. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City C',erk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances may be amended by the Council prior to adoption without further public notice.