HomeMy WebLinkAbout1989-12-13 P&Z PacketKE NA = P LANN = NG ~ Z ON = NG COMM = S S = O N
December 13, 1989 - 7:00 P.M.
City Hall Council Chambers
Phil Bryson, Vice Chairman
AGENDA
1. ROLL CALL
2. APPROVAL OF AGENDA
3. PERSONS PRESENT SCHEDULED TO BE HEARD
4. PUBLIC HEARINGS
a. Resolution 89-17: Assume Powers of Amending Land Use Plan
5. APPROVAL OF MINUTES of November 8, 1989
6. OLD BUSINESS
7. NEW BUSINESS
a. Proposed Beaver Loop Boat Launch Ramp and Parking Facility
b. Vacation: 10' Utility Easement - Lot 2, Blk 2, Sungate Park S/D -
H.U.D.
c. Vacation: 10' Utility Easement - Lot 12, Blk 2, Thompson Park S/D
A.H.F.C.
d. Corps of Engineers Application: Sec. 15, T6N, R11W, S.M. - F.A.A.
Fill Material for Facility Pad
8. PLANNING
9. REPORTS
a. City Council
b. Borough Planning
c. City Administration
10. PERSONS PRESENT NOT SCHEUDLED TO BE HEARD
11. INFORMATION ITEMS
a. City Council Agenda - November 21 & December 6, 1989
b. Borough Planning Agenda - November 20 & December 4, 1989
c. Resource Review
d. DCRA Southcentral Reporter
12. COMMISSION COMMENTS & QUESTIONS
13. ADJOURNMENT
Kenai Planning & Zoning Commission
RESOLUTION PZ89-17
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI
RECOMMENDING APPLICATION TO THE KENAI PENINSULA BOROUGH FOR MAKING LAND USE PLAN
AMENDMENTS TO THE COMPREHENSIVE PLAN.
WHEREAS, at the present time, when rezoning of property takes place within the
City of Kenai the City must, by ordinance request the Kenai Peninsula Borough
make an appropriate change to the Land Use Plan and Map, and
WHEREAS, by KPB Ordinance 89-17 will "allow cities to make land use plan
amendment to city comprehensive plans" by request through a submittal of an
ordinance by the City Council, and
WHEREAS, the Planning & Zoning Commission feels that it is in the best interest
of the City to have control over the Land Use Plan within the guidelines of
KPB 89-17, and
WHEREAS, the Planning & Zoning Commission recommends the Kenai City Council take
advantage of the opportunity to take control of the rezoning of lands lying
within the city limits in accordance with KPB 89-17.
NOW, THEREFORE BE IT RESOLVED, by the Planning & Zoning Commission of the City
of Kenai, Alaska that it is hereby recommended to the Kenai City Council, that
the appropriate ordinance be drafted which would request the Kenai Peninsula
Borough proceed with the necessary paperwork to allow the City of Kenai to make
amendments to the City of Kenai Land Use Plan.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this
* day of *, 1989.
Chairman
ATTEST:
Planning Secretary
~_~
,~
- •~ Introduced by: Mayor @
-' -~ •- • • ; ~ :~1 Req. of Planning Commission
~' ~~ • ~-' ;~~ Date: March 21, 1989
~•~
"' ~` `' Action: Enacted
~" -'= ~ ' '.~ ~ r Vote
~.> :,
` ~'' '~ •' • `~~ Unanimous
~~~~_•_~,•' KENAI PENINSULA BOROUGH
ORDINANCE 89-i7 (S:JBSTITUTE II)
AMENDING KENAI PENINSULA BOROUGH CODE SECTION 21.01.025 TO ALLOW
CITIES TO MAKE LAND USE PLAN AMENDMENTS TO CITY COMPREHENSIVE
PLANS
WHEREAS, pursuant to AS 29.40.010(b), a borouc^ may, by as-
sembly ordinance, delegate land use regulatory poJrer to cities,
who by council ordinance request such delegation; and
TrJHEREAS, the Kenai Peninsula Borough has enacted Kenai
Peninsula Borough 21.01.020(a) ~•~hich allows cities to assume
zoning powers, with assembly approval, if the city requests this
poc•~er by a city council ordinance; and
WHEREAS, delegated zoning power is often unwieldy to cities
holding such power ceithcut holding concurrent delegated power to
make land use plan amendments to their comprehensive plans;
NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
• Section 1 That section 21.01.025 of the Kenai Peninsula
Borough Code of Ordinances entitled "Comprehensive Plans" is
hereby repealed.
Section 2. That the Kenai Peninsula Borough Code of Or-
dinances is hereby amended by adding a new section to be numbered
21.01.025 which shall .read as follows:
~>;'~=~~:-- - ~ 21.01.025 City Comprehensive Plans -- Amendments
A. All amendments to a comprehensive plan for a
city must be adopted by assembly ordinance except
for land use plan amendments made by the city
council in accordance with this section.
B. A city that has the delegated authority to
provide zoning regulations is authorized to make
land use plan amendments, as defined in this sec-
tion, to their adopted comprehensive plan.
Kenai Peninsula Borough
Ord. 89-17 (Subst. II)
Page 1 of 2 pages
C. A city shall accept delega~ion oz authority to make
land use plan amendments by an ordinance which shall
provide the follo~•~ing:
(1) a clear statement of acceptance of the
authority;
(2)that all amendments shall be made by an or-
dinance;
(3) that the. borough planning commission be
notified in writing of .all proposed and adopted amend-
ments;
D. The assembly, acting upon recommendations of the
borough planning commission, shall delegate the
authority to make land use plan changes to a city com-
prehensive plan by ordinance. This authority may be
revoked by ordinance upon a finding that a city has not
complied with the terms of this ordinance.
E• Cities requesting extensive comprehensive plan
amendments and cities without the power to make land
use plan amendments, may recommend to the Borough Plan-
ning Commission a change to the city comprehensive
plan.
F. The assembly, acting upon recommendations of the
borough planning commission, and finding that no sig-
nificant negative impacts occur outside the municipal
district, shall make extensive comprehensive plan
amendments by ordinance.
Section 3 That this ordinance takes effect immediately
upon its enactment.
__ ENACTED BY THE ASSEMBL
THIS ~nrl DAY OF
ATTEST: (/
1 l
==c:~gh C erk /
i i
lei j~ ~ ;~~~.~ ~' ~-.~-~~~ti~,
Y OF THE KENAI PENINSULA BOROUGH ON
i~tay , 1989.
athan W. Sewall, Assem ly President
Kenai Peninsula Borough
Ord. 89-17 (Subst. II)
Page 2 of 2 Pages
KE NA = P LANN = NG £x Z O N = NG COMM = S S = O N
November 8, 1989 - 7:00 P.M.
City Hall Council Chambers
Phil Bryson, Vice Chair Presiding
1. ROLL CALL
a. Welcome New Members - Art McComsey and Art Graveley
New Members were sworn in by Mayor Williams
b. Election of Chairman
The Commission decided and Vice Chairman Bryson agreed to remain in
the position until the annual elections are held at the first meeting
in January.
2. APPROVAL OF AGENDA
Agenda was approved with no modifications.
3. PERSONS PRESENT SCHEDULED TO BE HEARD
a. Sylvia Spearow, Borough Planner - Borough Comprehensive Plan
Mayor Williams addressed the Commission regarding the Comprehensive Plan
and reviewed the reed for getting an updated, current, and approved Plan
as the City has been working under the Plan that was approved in 1980.
The Mayor charged the Commission with the task of completing the Plan as
soon as possible with as much input as possible.
Both Sylvia Spearow and Dick Troeger, Borough Planning Director appeared
before the Commission.
Dick Troeger spoke regarding the overall spectrum of the City Plan and the
Borough Plan. The Borough Comprehensive Plan was last addressed in 1973/74
with a minimal update which was an effort to update a 1969 Plan. The
Borough is now in the infancy stage of writing a Plan which is much more
comprehensive and the municipalities are a vital part of it. The City of
Kenai will meld into the Borough Plan through activities near our borders.
Another item to keep in mind is the Borough assists you with your Plan in
the form of financial assistance. If you can identify a need for some
money to help whether it be in-house, printing, hiring a consultant, or
anything else, I would urge you to come forward with your request.
Mrs. Spearow distributed the Borough Comprehensive Plan outline to the
Commission for discussion. The Borough Comprehensive Plan will be a set
of goals with action items on how to achieve those goals. Mrs. Spearow
pointed out that each municipality within the Borough would have it's own
section with information and comments from each community. The City of
Kenai has this opportunity to put verbiage of its choice into the Borough
Plan.
KENAI PLANNING & ZONING COMMISSION
November 8, 1989
Page 2
The Borough Plan is going to address needs of the residents that the
Borough may not have addressed in the past such as roads, hospitals, and
recreation trails to name a few. Input from the public and municipalities
are important to these issues.
Commissioner Brown asked if the Borough would be contacting Homer Electric
addressing electric planning and if they can provide anything in the way
of economic development. Mrs. Spearow answered that utilities are going
to be addressed, however, it could be done on a much broader base as
currently, the process is to work with utilities when addressing
subdivision of property rather than from the economic standpoint.
Commissioner Brown stated that they had just completed an expanded power
requirements study and that would have a lot of important information
regarding their ability.
Commissioner McComsey: The Borough has service areas all over, is this
going to continue and each area will have a portion, for instance the North
Peninsula Recreation Area, or is there a possibility that will change.
Mrs. Spearow answered that that is something the Borough seriously needs
to look at over the next five years. With fire service areas there would
probably be a lot of resistance from North Kenai and probably from other
areas since the area of North Kenai has a larger area as far as equipment
and funding. Commissioner McComsey added the garbage issue and Mrs.
Spearow agreed that it was a very big issue.
The Commission expressed appreciation to Mrs. Spearow and Mr. Troeger for
the mapping on the buoys in the mouth of the river. Since we have the map
now, Mrs. Spearow asked if there was something more that the Borough could
do and further pointed out that while we now have all the names of
applicants and the locations we don't really have any idea of whether or
not those buoys are really there and if those applicants really ever put
those buoys in or if any are in the right spot. If you would like the City
and Borough to work jointly on this project, we could work on a plan. We
could do the advertising and some of the notifications and then let the
applicants know that if they don't respond by a set date they would lose
their permit. The Corps hasn't told me that they would cooperate, however,
they wouldn't object.
The Commission agreed that it would support it and be worth the effort and
that the Harbor Commission would be involved. Commissioner Brown stated
that he would support it but not necessarily taking a permit away. Mrs.
Spearow answered that the Corps informed her that some of those permits
were issued as far back as the 1950's and they never expire. That means
that several of these permit holders could have died and/or moved out of
state in all that time. In looking at the map and flying over the harbor,
it is quite congested. This would be a means of cleaning out those that
are no longer interested and making room for new ones. Vice Chairman
Bryson noted that in the course of time the channel could and probably has
changed hundreds of feet and all these buoys need to be at the channel,
they shouldn't be in the middle of the channel. Planning Specialist Loper
reminded the Commission of plans to expand boat launching facilities which
are bound to impact the channel. Mrs. Spearow will contact the PW Director
and come up with an approach to take to the Harbor Commission and have it
brought back by you for ways to approach this.
KENAI PLANNING & ZONING COMMISSION
November 8, 1989
Page 3
Commissioner McComsey stated he knew of one couple that had a buoy in the
river and are no longer in the state which is just one example and is in
favor of the project so that someone else has a chance to use the space.
Mrs. Spearow: I'm sure there's a way to handle it fairly so that those
who are active and have buoys and permits can be protected.
Commissioner Brown suggested an addition to the Plan would be the proposed
fire training grounds. Chris Como of the Borough is working with that
portion and agreed that that certainly is something that needs to be
mentioned. Commissioner McComsey: Chief Willis has land marked on his
map was mental health lands given. to the University of Alaska yesterday
morning so that land is available for the fire training grounds.
Dick Troeger: I personally am in favor of as much local control in
government as possible. I don't suppose the City of Kenai would like to
take on garbage and waste disposal. On Planning & Zoning matters, the City
has zoning power with the Borough retaining the planning powers. Last year
we put an enabling ordinance into place which allows the cities to make
amendments to the Comprehensive Plan at the city level without having to
go through the bureaucracy of going through the Borough. Planning
Specialist Loper explained that there is a resolution before the Commission
this evening dealing with just that.
On the Comprehensive Plan I hope you keep moving ahead on it and get a
draft in place as soon as possible. The longer it goes without attention
the harder it is to make it meaningful and that is where the Borough is
right now. We let it go too long.
4. PUBLIC HEARINGS
a. Resolution 89-16: Amendment of Kenai Municipal Code by Adding
Section 14.20.145 - Recreation (R) Zone
This resolution and draft returns to the Commission with two forms for
revision of the sign portion of the Code which would accommodate this
particular zone. Form A was the original draft and Form B was the amended
draft as submitted by Commissioner Bannock, plus the Land Use Plan proposed
amendment.
Commissioner Brown: It would be my opinion that the amendment to the sign
code portion should be a separate resolution. Planning Specialist Loper
asked if that would mean three since the Land Use Table is included. We
missed amending or addressing both the Sign .Code and the Land Use Table
when we were going through the process for the Townsite Historic Zone and
I felt that this would keep it cleaner, however, it can be done any way
you wish.
Vice Chairman Bryson asked that the resolution be amended to reference
those two items. Commissioner Brown stated that he did not desire delaying
the passage of the zone and if there was no problem with keeping all three
amendments together, then there is no problem.
KENAI PLANNING & ZONING COMMISSION
November 8, 1989
Page 4
MOTION:
Commissioner Glick moved approval of PZ89-16 with the last paragraph being
amended after the the words "Attachment A" to read: "14.20.220 amendments
to the Sign Code with Form B and updating of Land Use Tables" and add the
date for the second public hearing, seconded by Commissioner Bannock
MOTION AMENDMENT:
Commissioner Bannock moved to amend Form B to eliminate the last sentence
of (1) "no lighting is permitted"
Commissioner McComsey asked if that meant you couldn't even shine alight
on the sign or there can't be a light in the sign, answer no lights at all.
Vice Chairman Bryson: I would say that this would address both an
illuminated and an illuminating electric signs. Commissioner McComsey
asked what happens if it ends up to be a big blinking neon sign.
Commissioner Bannock answered that it can't be any larger than 32 sq. ft.
You can have one that says open.
There was no second to the motion - motion dies.
MOTION AMENDMENT:
Commissioner Brown moved to amend Form B by changing the size form 32 sq.
ft. to 16 sq. ft.,
There was no second to the motion - motion dies.
MOTION AMENDMENT:
Commissioner Bannock moved to amend the motion by stating that "no
internally illuminated sign is permitted" seconded by Commissioner McComsey
Commissioner Bannock: This is opposed to a light shining on it. Vice
Chairman Bryson asked for clarification. Commissioner Bannock: I have
my sign in my yard and either I have lights on the ground shining up on
it or I've got lights on the top shining down on it so people can see my
sign at night. I think the golf course sign is lighted up with lights that
are in the ground. I think what you people are afraid of is a Dairy Queen
type of sign, right? The Commission agreed. So do we call that a self
illuminated sign?
VOTE AMENDMENT:
Motion passes
Commissioner Graveley - yes
Commissioner Bannock - yes
Commissioner Brown - no
Vice Chair Bryson - yes
Commissioner Glick - yes
Commissioner McComsey - yes
Commissioner Brown asked why the proposed recreation zone was listed on
such large lots. Answer, most of the proposed recreational uses will be
large and will require large tracts of land. Most of the lots that are
zoned Suburban Residential, while on City water & sewer wouldn't fit on
small lots. The 20,000 or 40,000 sq. ft. designations are DEC minimum
regulations for well and septic systems. Commissioner McComsey asked about
KENAI PLANNING & ZONING COMMISSION
November 8, 1989
Page 5
small parks such as the one on Fourth Avenue. Answer, they don't have a
commercial enterprise such as a concession stand attached to it and small
parks are allowed as a secondary use in residential zones. Vice Chair
Bryson noted that this new zone is basically a commercial venture and will
have an impact on the neighbors. This gives an advanced notice on the
impact potential.
VOTE MAIN MOTION:
Motion passed unanimously by roll call vote
5. APPROVAL OF MINUTES of October 25, 1989
Minutes were approved as submitted.
6. OLD BUSINESS
None
7. NEW BUSINESS
a. Vacation: 10' Utility Easement, Lot 2, Misty Haven S/D - HUD
Planning Specialist Loper reported that the staff recommends approval as
the lots are served by City utilities. You will notice that the building
encroaches into the easement but not the setback. There is a preliminary
plat on file that develops the remainder of the property as a cul-de-sac
type subdivision, however, the plat was never filed. The utilities are
set up that way. Commissioner Gravely informed the Commission that he had
viewed the property and could find no problems.
MOTION:
Commissioner Glick moved to recommend approval of the proposed vacation,
seconded by Commissioner McComsey.
VOTE:
Motion passed by Unanimous Consent
b. Proposed Resolution to Assume Powers of Amending Land Use Plan
This is the resolution discussed by Dick Troeger and is the enabling
legislation that would allow the City to make appropriate amendments to
the Land Use Plan portion of the Comprehensive Plan. The Borough has
turned both the old and proposed Land Use Plan original mylar over to us.
Right now if the Maguire rezoning application were approved, it will have
to go on the Borough and they would hold a public hearing at the commission
and Assembly level and then amend the map. If this ordinance were in place
the procedure would stop with the Council. It will mean a little more cost
in that we have no one on staff right now that can amend the mylar,
however, the draftsman we contract with to do other maps can do ours at
the same time. There are not that many rezonings right now or anticipated
in the near future.
KENAI PLANNING & ZONING COMMISSION
November 8, 1989
Page 6
Commissioner Brown asked if the new recreation zone would impact the
Borough, answer only if it impacted Borough lands adjacent to City lands.
Vice Chair Bryson stated that he could not remember and instance where the
Borough had over-ridden the City's decision in a zoning matter. Answer
there was one instance and that pertained to the two small parcels owned
by Lowry near the four Alex units adjacent to the now Mega Foods. Those
were clearly spot zoning in two instances, one with enclosing an existing
zone, and two, including the two lots, the acreage was under one acre.
MOTION:
Commissioner Bannock moved to set for public hearing, seconded by
Commissioner Glick
VOTE:
Motion passed by Unanimous Consent
Commissioner Bannock: This is something the Borough wants us to do?
Answer yes, as Dick Troeger pointed out this evening, the Borough is in
a posture to allow municipalities more power over their own affairs.
c. Corps of Engineers Application for Placement of Buoy in Kenai River -
CooklnletProcessinQ
Planning Specialist Loper passed out an amendment to the Corps application
that was submitted by the applicants. Cook Inlet Processing
representatives had contacted the Borough and City and found that the
location they picked was already in an area of high concentration, and
desire to move their proposed buoy locations further upstream or between
74 and 75 on the Borough/Malone map.
MOTION:
Commissioner McComsey moved to approve the amended application for mooring
buoys in the mouth of the Kenai River, seconded by Commissioner Bannock
VOTE:
Commissioner Brown asked if the Harbor Commission had reviewed this, answer
no, they will meet in another week. The Commission desired the application
be passed along to the Harbor Commission and the Borough.
Motion passed by Unanimous Consent
8. PLANNING
No reports and no questionnaires ready. A work session is scheduled for
Wednesday, November 15th.
9. REPORTS
a. City Council
Councilman Smalley not in attendance. On the Maguire rezoning, Planning
Specialist Loper reported that Council has decided to rescind their
decision and reconsider the issue. The Dairy Queen lease was awarded to
the Ischis.
KENAI PLANNING & ZONING COMMISSION
November 8, 1989
Page 7
b. Borough Planning
Vice Chairman Bryson reported that Mr. Wickersham, a planning consultant
speak to the Commission. He puts on work shops for comprehensive planning.
He has been very successful in getting smaller communities together when
there are disputes without larger government such as the Borough getting
into the situation.
There was invocation of the noxious use ordinance regarding a dog kennel
near Soldotna. The Borough staff had determined that there were two items
of concern, one was the noise and the fecal contamination. DEC has now
indicated that they are in compliance with the contamination aspect of it.
It was denied.
c. City Administration
None
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
11. INFORMATION ITEMS
a. City Council Agenda - November 1, 1989
b. Borough Planning Agenda - November 6, 1989
c. Article from Computerland Magazine
No comments or questions.
12. COMMISSION COMMENTS & QUESTIONS
Commissioner Brown reported that he sent a congratulatory note to the
Council for turning down the resolution that would support the Education
Endowment program. Commissioner McComsey stated that he held a different
opinion for the simple reason that the resolution would call for a vote
of the people. The Commission further disucssed the issue.
Commissioner Brown asked if any progress had been made on the street
lighting issue, answer no. However, Public Works is working. on an amended
list and a copy will be sent to Commissioner Brown as soon as it becomes
available.
13. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:58 P.M.
Janet A. Loper
Secretary to the Commission
_ ~ ~ CITY OF KENAI
- ~•-, Oil G~a~CU~I a~ ,Q~Z1,,~„
,~
____ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
~ ---
MEMORANDUM
TO: Keith Kornelis, P.W. Directo/r~
FROM: Jack La Shot, City Engineer`!!r,
DATE: November 20, 1989
SUBJECT: Proposed Beaver Loop Launch Ramp and Parkina Facility
Attached are two site plan alternatives we have prepared for the
referenced project. I intend to use one of the plans as a basis
for the permit process after receiving input from the City Council,
Parks and Recreation, Planning and Zoning and others.
Option one simply combines the parking area with the
launch/restroom area near the river. The entire gravel pad would
be in the southerly most portion of the land parcel proposed to be
acquired. The area will also probably be considered very sensitive
wetlands by the various permit review agencies and others.
Option two separates the parking area from the launch/restroom area
to minimize filling of the most sensitive wetlands. I'm sure this
alternative, however, is still all within property defined as
wetlands, as is the entire Cone parcel.
Both alternatives are similar in function and cost, however option
one would be the most desirable for convenience to the user and
slightly lower costs. A minimum of 70(+) vehicles with trailers
could be parked by simple pull-in, pull-out technique. About 2.4 -
2.5 acres of fill are required of either plan plus the 30' wide
access road from Beaver Loop. In either alternative, plenty of
room for expansion and other uses will be available in the future
as needs and desires dictate.
Since I will be on vacation from November 27, 1989, until December
11, 1989, I was hoping that everyone could review the plans while
I am gone. When I return I can finalize the Corps permit
application for submittal. Also, a property appraisal is being
prepared for the Cone parcel and should be available by the
December 6th Council Meeting.
28 27 26 25
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CITY OF KENAI
„O~;l G'd~u~l a~ ~4~i~a„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
NEW BEAVER LOOP BOAT LAUNCH
PARItING AREA S~ RESTROOMS
COST ESTIMATE
ACCESS ROAD•
1250 LF gravel road with 26' driving surface
Clearing Lump Sum $ 5,000
Excavation 3000 CY ~ 3.00 9,000
Gravel Backfill 4650 CY r~ 6.00 27,900
Fabric 1250 SY @ 1.50 1,875
CMP 200 LF @ 25.00 5,000
Seeding Lump Sum 3,000
CONSTRUCTION TOTAL $ 51,775
ENGINEERING/INSPECTION
ADMIN., ETC. - 20~ 10,355
SUBTOTAL $ 62,130
CONTINGENCY - 10~ 6,213
TOTAL $ 68,343
PARKING AREA, LAUNCH & RESTROOMS:
2.25 Acre parking area, 16' wide, 150' long launch ramp
and wood frame restrooms with holding tank
Gravel Backfill 14,000 CY ~ 5.50 $ 77,000
Fabric 13,000 SY @ 1.00 13,000
Launch Ramp 150 LF ~ 250.00 37,500
Restroom Lump Sum 20,000
Miscellaneous Lump Sum 5,000
CONSTRUCTION TOTAL $152,500
ENGINEERING/INSPECTION
ADMIN., ETC.. - 20~ 30,500
SUBTOTAL $183,000
CONTINGENCY - 10~ 18,300
TOTAL $201,300
MEMORANDUM:
DATE: November 20, 1989
T0: Janet Ruotsala, City Clerk
FROM: 'Patti Truesdell, Recording Secretary
~ ~
.SUBJECT: Response to 2emorandum from Jack LaShot, City Engineer concerning
- ' i'~ ~ ' '` ;the proposed boat ramp facility
.,
_ i ..
The Harbor Commission, at their regular meeting, took the following action in
response to Mr. LaShot's memorandum dated 11-20-89. .
"Commissioner Rainey moved to recommend Option ~~1 as the Harbor Commission's choice
of the two options laid out in the memo from Mr. LaShot. The Commission further
recommends that the project be built with both ramps from the onset; and that
':`Option ~~2 be considered only if Option ~~1 will not be available.
Motion seconded by Commissioner Thompson.
Motion carried.
atti Truesdell,
Recording Secretary
i
. N~~f ~N
~ ,1989 N
a yGrr~~E^"~ ~?
a' ~' Ore "K ti
Kf~:. `b
ti
~9s~£z,~.~~~
1791-1991
CITY OF KENAI
„O~l G~a~CU'~a.,C a~ ~4~i~„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907-283-3014
S TAFF REPORT
T0: Vice Chairman Bryson and Planning Commissioners
FROM: Janet Loper, Planning Specialist
DATE: December 6, 1989
RE: Vacation Request: 10' Utility Easement - Lot 2, Block 2, Sungate S/D
BACKGROUND
Applicant: Housing & Urban Development
Anchorage, Alaska
Legal Description:
Existing Zoning:
Current Land Use:
Proposed Land Use:
Action Requested:
DISCUSSION:
Lot 2, Blk 2, Sungate S/D, Sec 5, T5N,
R10W, S.M.
Rural Residential (RR)
Single Family Residence
Garage within easement
Recommend Approval
Future water and sewer services would be brought from Eagle Rock Drive and would
not be run along the rear of the i.ots, therefore the easement is not necessary
for City utilities.
KMC 14.20.200 ( 4 ) reads, "A detached accessory buiding may be permitted to occupy
a rear yard, provided that not more than 1/3 of the total area of such rear yard
shall be so occupied. The garage sits at an angle of the lot with the west
corner 6.2' from the lot line, the east corner, 9.5'. The rear yard setback is
20' for a Rural Residential ?one. The Commissicn may want to take this into
consideration since removal of the easement will not alleviate the encroachment
into the setback.
1791-1991
CITY OF KENAI
~-, "Oil G'd~ital aG ,Q~zc~„
__ 210 FIDALGO KENAI, ALASKA 99811
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDiJM
TO: Vice Chairman Bryson and Planning Commissioners
FROM: Keith Kornelis ~
Public Works Director ~~'
DATE: December 6, 1989
RE: Vacation of Ten Foot Utility Easement - Lot 2, Block 2, Sungate S/D
The Public Works Department has no objection to the proposed vacation of the 10'
easement located along the northern boundary of Lot 2, Block 2, Sungate S/D.
It appears that this easement would not be needed should water and sewer be
extended into this area.
KK/ja1
You are being sent this notice because you are an interested
party and/or property owner adjacent to or within 300 feet of
the described property.
KENAI PENINSULA BOROUGH PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Public notice is hereby given that a petition has been received
to vacate a public utility easement. Area under consideration is
described as follows:
I.
A. Location and Request: Vacate ten foot utility easement
within northern boundary Lot 2, Block 2, Sungate Subdi-
vision (plat 1094 KRD}. Being within Section 6, Township 5
North, Range 10 West, Seward Meridian, City of Kenai,
Alaska.
B. Purpose as stated in petition: The garage extend~s,~into the
ten foot utility easement. Utility pedestals are located
on lot 4, block 2, just outside the northeast corner of lot
2 and served by underground lines from Tern Place. It
doesn't appear to be any utility lines west of the pedes-
tals.
C. Petitioners}: Housing and Urban Development, Anchorage,
Alaska.
II. -------------------------------
A• ation and Request: Vacate ten foot utility Basemen
wit easterly boundary Lot 12, Block 2, Thompso ark
Subdiv 'on (plat 1047 KRD). Being within Se on 6,
Township orth, Range 10 West, Seward ian, City of
Kenai, Alask
B. Purpose as stated petitio ecause of small lot size,
the easement makes in ion of a DEC approved
septic/water system lt. In addition, there is a ten
foot utility Bas t on th djoining lot. The area is
well develop ith utiliities sently in place in the
street R' -of-Way.
C• Pe Toner(s): Alaska Housing Finance Corn., nchorage,
aska.
Public Hearing will be held by the Kenai Peninsula Borough Plan-
ning Commission on Monday, December 04, 1989 commencing at 7:30
p.m., or as soon thereafter as business permits, to be held in
the Borough Administration Building, Soldotna, Alaska.
Anyone wishing to testify may come to the above meeting to give
testimony; or may submit a written statement to the attention of
Richard Troeger or Robbie Harris, Kenai Peninsula Borough Plan-
ning Department, 144 N. Binkley Street, Soldotna, Alaska 99669.
Written testimony should be received by Planning Department no
later than Wednesday, November 29, 1989.
For additional information contact Robbie Harris or Richard
Troeger, Resource Planning Department, 262-4441 (1-800-4~8-4441
toll free within Kenai Peninsula Borough).
Robbie Harris
Platting Officer
PUBLISH 2X (Nov. 20 & 2~, 1989)
LOT • 4
--f,~ ,_. ~Ctlesi'- too.oo
- •.
~" r~~i /k
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- .
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5/8" •Rebar •(F-~o~
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• kles~--lvo•od
~reby ~.rtify that I have evrv~eYed the followin ' ~r~cYLE. 2vC.l~ t~'IZ~ vC
~'~ g described F~.,= • .
LOT 2 ~RLOCK_ 2 'SUNQATE PARR' SIIBDIVI.S•Ip~r - -~
.r to. determine t~ texis ~~~°e~ °S j-ndicated. It is the res , ~._ ' .
of any easarnnts, tents ar Pig city of the
~C appear on the recordr~ subdivision i restrictions whirl
ion be, used far constnaction ar far estabJ~shu cx~r ro cir~mstanaes
3 ~dary ar fence t t.,,~~d °ny data
~i
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• • y.~s.3,1 ~
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P• -
• Ocean Technology. Ltd.
., _~° 5333 Fa3shan}cs St:. Suite X11
--.r.~ Anchara9e. Alaska 9,9518
~,' ~ tin Suite X203 P.O. Bcoc 449
~~ ~laska 9 9 701
r ~•;'~ s°ldot~a, Alaska 99669
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NOT SUBDIVIDED
PIOt aDDroved by the Kenai Peninsula Borough plonninq
commission this___- _____ _dDy of _- _,1970.
I. - - - -- -- - ----- -- - -- -
choirmon
I'
1791-1991
CITY OF KENAI
~~a~ e~~ ~ ~~~„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX907-283-3014
S TAF F REPORT
T0: Vice Chairman Bryson and Planning Commissioners
FROM: Janet Loper, Planning Specialist
DATE: December 5, 1989
RE: Vacation Request: 10' Utility Easement -Lot 12, Block 2, Thompson
Park S/D - Alaska Housing Finance Corp.
Applicant: A.H.F.C.
Anchorage, Alaska
Legal Description: Lot 12, Blk 2, Thompson Park S/D, Sec.
6, TSN, R10W, S.M.
Existing Zoning: Rural Residential (RR)
Current Land i1se: Single Family Residential
Proposed Land Use: Placement of well & septic
Action Requested: Recommend Denial
DISCUSSION:
According to the Public Works Director, a 20' utility easement located in an
area where there may be upgrading to City water and/or sewer utilities, is of
minimal size. The adjoining lot mentioned in the notice is zoned for commercial
use.
1791-1991
CITY OF KENAI
~, „D~:l G'd~u~,l o~ ,CI~z~„
__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283.3014
MEMORANDUM
TO: Vice Chairman Bryson and Planning Commissioners
FROM: Keith Kornelis fG'
Public Works Director
DATE: December 6, 1989
RE: Vacation of the Ten Foot Utility Easement - Lot 12, Block 2, Thompson
Park S/D
The Public Works Department objects to the vacation of the 10' utility easement
located along the northeast boundary of Lot 12, Block 2, Thompson Park S/D.
If this vacation was approved there would be only a 10 foot easement between lots
12 and 11, which would be insufficient room to run future water and sewer lines.
Also, with the Kenai Spur Highway going to four lanes, DOT/PF may be reluctant
to give all the utility easements along the Spur. The 20' easement between the
two lots could be the best way to serve these lots. It may not be fair to .the
other 21 property owners who have easements should water and sewer need to be
brought down the easement.
I understand the problem of a DEC approved septic/water system being difficult.
The City would have no objection to leaving the well within the easement at this
time.
KK/jal
You are being sent this notice because you are an interested
party and/or property owner adjacent to or within 300 feet of
the described property.
PENINSULA CLARION
KENAI PENINSULA BOROUGH PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Public notice is hereby given that a petition has been received
to vacate a public utility easement. Area under consideration is
described as follows:
I.
A• tion and Request: Vacate ten foot utility ease t
with orthern boundary Lot 2, Block 2, Sung Subdi-
vision t 1694 KRD). Being within Sect' 6, Township 5
North, Rang 0 West, Seward Meridian, y of Kenai
Alaska.
B. Purpose as stated in itio he garage extends.. into the
ten foot utility Basemen tility pedestals are located
on lot 4, block 2, ju utsi the northeast corner of lot
2 and served by un ground line om Tern Place. It
doesn't appear be any utility lin west of the
tals. pedes-
C. Pet' ner(s): Housing and Urban Development, A rage,
ska.
II. -------------------------------
A• Location and Request: Vacate ten foot utility easement
within easterly boundary Lot 12, Block 2, Thompson Park
Subdivision (plat 1047 KRD). Being within Section 6,
Township 5 North, Range 10 West, Seward Meridian, City of
Kenai, Alaska.
B• Purpose as stated in petition: Because of small lot size,
the easement makes installation of a DEC approved
septic/water system difficult. In addition, there is a ten
foot utility easement on the adjoining lot. The area is
well developed with utiliities presently in place in the
street Right-of-Way.
C• Petitioner(s): Alaska housing Finance Corp., Anchorage,
Alaska.
Public Hearing will be held by the Kenai Peninsula Borough Plan-
ning Commission on Monday, December 04, 1989 commencing at 7:30
p.m., or as soon thereafter as business permits, to be held in
the Borough Administration Building, Soldotna, Alaska.
Anyone wishing to testify may come to the above meeting to give
testimony; or may submit a written statement to the attention of
Richard Troeger or Robbie Harris, Kenai Peninsula Borough Plan-
ning Department, 144 N. Binkley Street, Soldotna, Alaska gg669.
Written testimony should be received by Planning Department no
later than Wednesday, November 29, 1989.
For additional information contact Robbie Harris or Richard
Troeger, Resource Planning Department, 262-4441 (1-800-478-4441
toll free within Kenai Peninsula Borough).
Robbie Harris
Platting Officer
PUBLISH 2X (Nov. 20 & 27, 1989)
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AS-BUILT CERTIFICATION
I hereby certily Ihal I have surveyed the followlnp
described property) LO'f 12, BLOCK TWO
1710hiPSON PARK (K-1047)
and that no encroachments exlel except ae
Indleated.
Exclusion Note
II le the reeponelblllly of the owner to determine
the exlelence o} ony eassmente,covenanle,or
restrlcllone which do not appeor on the reoorded
eubdlvlelon plot. Unde- no clrcumslancee should
any dole hereop be used for conetYucllon or for
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LEGEND
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1 Record datum
WNITFORD~S SURVEYING
BOX 2392 SOLOOTNA,ALASKA
293-4929
Date 1/13/89 Scale 1" 30' ' '
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C
Public Notice
of Engineers
~S A~ ~ ®f A- l ic~ti®n
Alaska District ~
Regulatory Brands (1145b) ~®~ ~~~~ t
Post Office Box 898
Anchorage, Alaska 99506-0898
PUBLIC NOTICE DATE: 22 November 1989
EXPIRATION DATE: 22 December 1989
REFERENCE NUMBER: 4-890485
WATERWAY NUMBER: Kenai River 253
Interested parties are hereby notified that an application has been received
for a Department of the Army permit for certain work in waters of the United
States, as described below and shown on the attad~ed plan.
APPLICANT: Federal Aviation Administration, 222 W. 7th. Ave., #14, AAL-58B,
Anchorage, Alaska 99513-7587.
LOCATION: Section 15, T. 6 N., R. 11 W., Seward Meridian, fJ.S.G.S. QUAD
Kena C-4, near Kenai, Alaska.
WORK: The applicant proposes to discharge 650 atbic yards of fill material
i to o wetlands near the Y.enai airport for a 40' diameter facility pad and a
200' long access road.
PURPOSL•': Navigational equipment will be installed on the pad.
ADDI'PIONAL INFORMATION: Four target antennas will be installed adjacent to
the facility pad. No discharge of fill will be required for these
structures.
WATER QUALITY CERTIFICATION: A permit for the described work will not be
issued until a certification or waiver of certification as required under
Section 401 of the Clean Water Act (Public Law 95-217) , has been received
from the Alaska Department of Environmental Conservation.
COASTAL 7,ONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal
Zone Management Act of 1972, as amende y 16 I1.S.C. 1456(c) (3), requires
the applicant to certify that the described activity affecting land or water
uses in the Coastal Zone complies with the Alaska Coastal Management
Program. A permit will not be .issued until the Office of Management and
Budget,. Division of Governmental Coordination has concurred with the
applicant's certification.
P[IBLIC HEARII~: Any person may request, in writing, within the comment
pe n od specified in this notice, that a public hearing be held to consider
this application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing.
CULTi7RAL RESOURCES: The latest published version of the National Register
of: Historic Places has been consulted for the presence ~~r absence of
reyistered properties, or properties listed as being eligible for inclusion
therein, and this worksite is not registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National
Register constitutes the extent of cultural resource investigations by the
District Engineer, and he is otherwise unaware of the L~resence of such
resources. This application is being coordinated with the State Historical
Preservation Office. Any canments they may have concerning presently
unknown archeological, scientific, prehistorical, or historical data, that
may be lost or destroyed by ctinrk under the requested permit, will be
considered in our final assessment of the described work.
ENDANGERED SPECIh;S: 'IYre project area is within the known or historic range
of. the Peel es Pzregrine Falcon. No threatened or endangered species are
known to use the project area. Preliminarily, the described activity will
not affect endangered species, or their critical habitat designated as
endangered or threatened, render the Endangered Species Act of 1973 (87 Stat.
844). This application is being coordinated with the r1. S. Fish and Wildlife
Service and the National Marine Fisheries Service, Any continents they may
have concerning endangered or threatened wildlife or plants or their
r_ritical habitat will be considered in our final assessment of the described
work.
FEDERAL SPECIES OF CONCL;RN: The following Federal species of concern may
use the project area: Steelhead Trout, Sockeye Salmon, ^hinook Salmon, Coho
Salmon, Lesser Canada Goose, White-Fronted Goose, t3a1d Eagle, Trumpeter
Swan, Tundra Swan, Plallard, and Lesser Sarldhill crane
FLOOD PLAIN MAPdAGEMFN'I': Evaluation o.E the' described activity will include
conformance with appropriate State or local flood plain standards;
consideration of alternative sites and met:}~ods of accomplishment; and
weighing of the positive, ~ncentrate~~ and dispersed, and short and
long-term impacts on t}~e flood plain.
SPECIAL AREA DESIGNATION: clone .
EVAL(1A'I'ION: The decision whether to issue a permit will tie based on an
evaluation of the probable impacts including cumulative impacts of the
proposed activity and its intended use on the public interest. Evaluation
of the probable impacts whidi the proposed activity may have on the public
interest requires a careful weighing of all those factors whicfi become
relevant in each particular case. The benefits whid~r reasonably may bc~
expected to ac~:rue from t}iP proposal must be balanced against its reasonably
foreseeable detriments. T}~e decision whether to authorize a proposal, and
if so t}~e conditions under which it will be allowed to occur, are therefore
determined by the outcane o.f_ t}~e general t~alancing process, That decision
should reflect the national concern for both protection and utilization of
imp~~rtant resources. Ail factors which miry be relevant to the proposal must
be considered including tyre cumulative effects t}~ereof. Among those are
conservation, economics, aesthetics, general environmental ~ncerns,
wetlands, cultural values, fish and wildlife values, flood hazards,
floodplain values, land use, navigation, ,bore erosion and accretion,
recreation, water supply acid conservation, water quality, energy needs,
~~.
£ ~. M
safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the need: and welfare of the people. For
activities involving 404 discharges, a permit wilt be denied if the
discharge that would be authorized by such permit would not oanply with the
Environmental Protection Agency's 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria (see
Sections 320.?. and 320.3), a permit will be granted unless the District
Engineer determines that it would be contrary to the public interest.
AUTHORITY: This permit will be issut~d or denied under the following
aut~riT es:
( ) Perform work in or affecting na°~igable waters of t1~e t]nited
States--Section 10 Rivers and Harbors Act 1899 (33 rJ.S.C. 403).
(X) Discharge dredged or fill material .into waters of the United
States--Section 404 Clean Water Act (33 T].S.C. 1344). Therefore, our public
interest review will consider the guidelines set forth tinder Section 404(b)
of the Clean Water Act (40 CFR 230).
( ) Tran:~,port dredged material for the F~urpose of dumping it into ocean
watery---Section 103 Marine Protection, Researd~, and Sanctuaries Act of
1972 (33 U.S.C. 1413). Therefore, oiir public interest review will consider
the criteria established under authority of Section 102 (a) of the Marine
Protection, Researc}~ and Sanctuaries Act of 1972, as amended (40 CFR Parts
220 to 229), as appropriat?.
'_r_'he Corps of Engineers is soliciting carunents from the public; Federal,
State, and local agencies and officials; Indian Tribes; and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any commonts received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit
for this proposa.t. To make this decision, comments are used to assess
impacts on endangered species, historic F>roperties, water quality, general
environmental effects, and the other nublis interest factors .listed above.
Comments are used in the preparation of an Environmental Assessment and/or
an Environmental Impact Stat~nent pursuant to the National Envirorvnental
Policy .Act, comments are also used to determine the need for a public
hearing and to determine the overall public interest of the proposed
activity.
Comments on the described work, with the reference number, should reach this
office no later than the expiration date of this Pilblic Notice to become
part of the record and he considered in the decision. l:f further
information is desired cx~ncerning this notice, wntact Mr. Richard L Howard
at (907) 753-2712.
A plan, Notice of Application for certification of Consistency with the
Alaska Cckastal Management program, and Notice of Application Eor State Water
duality certification are attached to this Public Notice.
District Rngineer
U.S. Army, Corps of Engineers
A t: t:a dune nt s
EXISTING VOR GRAVEL PAD
VOR BUILDING OUTLINE
THEODOLITE PEDESTAL
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TARGET aNTENNA
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EXIST. 3/C ~4 SK V, ARK
EXIST. 11PR. •19 U.G. TYPE 2
EXIST. 2/C !Q 609 V, TYPE RR
NEV ~ 2 RG-333/U
6' SELECT GRAVEL
PST RUN GRAVEL (IB' N1N. DEPTW
•GEOTEX7JLE FABRIC
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FOUNDATION SEE DRAVING
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PURPOSES VHF DIRECTION FINDER
IS A NAVIGATIONAL AID USED BY
AIRCRAFT TO DETERMINE THE DIR-
ECTION TO AN AIRPORT.
DATUM. MSL
ADJACEIJT PROPERTY OWNER
STATE OF ALASKA
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TARGET ANTENr~A l~E~~AI RIVER 253
P L ~ T PLAN PROPOSED VHF DIRECTION FINDER
WITH 4 TARGET ANTENNAS T^ BE
LOCATED WITHI N F
AA VOR SITE
F.A.:.. IN AREA ^F KENAI AIRPORT
222 V. 7th AVE., R14
ANC!-'ORAGE, Al_ASKa 99513-7587 05~05iB9 SHEET 2 ^F 3
6' SELECT GRAVEL ~
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DEPT. OF E;YVIRON~lENT;1L CONSERVATION /
i
1
l STEVE G'O'NPEI~ GOVERNOR
Telephone: 19071 465-2600
Address:
P.O. Box 0
Juneau, AK 99811-1800
NOTICE OF APPLICATION
FOR
STATE WATER QUALITY CERTIFICATION
Any applicant for a Federal license or permit to conduct any activity which
may result in any discharge into the navigable waters must first apply for
and obtain certification from the Alaska Department of Environmental Conser-
vation that any such discharge will comply with the Clean Water Act of 1977
(PL 95-217), the Alaska Water Quali~y Standards and other applicable State
laws. By Agreement between the U.S. Army Corps of Engineers and the Alaska
Department of Environmental Conservation application for a Department of the
Army Permit may also serve a~ application for State Water Quality Certifica-
tion when such certification is necessary.
Notice is hereby given that the application for a Department of the Army Per-
mit described in the Corps of Engineers Public Notice No. 4-890485
also serves as application for State Water Quality Certi ication rpm t e
Alaska Department of Environmental Conservation, as provided in Section 401
of the Clean Water Act of 1977 (PL 95-217).
The Department will review the proposed activity to insure that any discharge
to waters of the United States resulting from the referenced project will
comply with the Clean Water Act of 1977 (PL 95-217) the Alaska Water Quality
Standards and other applicable State laws.
Any person desiring to comment on the water quality impacts of the proposed
project may do so by writing to:
Alaska Department of Environmental Conservation
3601 C Street, Suite 1350
Anchorage, Alaska 99503
Telephone: 563-6529
within 3U days of publication of this notice.
Attachment 3
AGENDA
KE NA = C = TY CO U N C = L
Novem~a e r
- REGULAR MEET = NG
2 1, 1 9 8 9
A _ CALL TO O RD E R
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.
B _ SCHEDULED PUBL=C COMMENT (10 Minutes)
~c~~
\-\~ -3. Gerry Sparks, Beautification Committee: Request for Banners
C _ PUBL = C HEAR = NG S
a ~ 5 -~. Resolution 89-75: Adoption of 1990-91 Capital Improvement Projects
Priority List
a,~w~--~: Resolution 89-76: Electing to Participate in RIP Program
asS --3~. Resolution 89-77: Transfer $4,100 in Airport Terminal Fund for
General Repairs
,pu,SS -~. Resolution 89-78: Transfer $5,000 in 1989-90 General Fund for
U Heater Repair in Public Safety Building
D _ COMM = S S = ON / COMM S T TE E REPORT S
1. Council on Aging
2. Airport Commission
3. Economic Development Commission
4. Harbor Commission
5. Library Commission
6. Parks & Recreation Commission
7. Planning & Zoning Commission
8. Misc. Commissions/Committees
E_ M= N U T E S
~p,~.r-e-G~ -~. *Regular Meeting, November 1, 1989
1
F _ CORRESPONDENCE
1. *Letter from Senator Zawacki Regarding Congregate Housing
2. *Letter from Senator Pat Pourchot Regarding Congregate Housing
3. *Letter From Governor Cowper - Education Fund
G _ OLD BUS = NE S S
H _ NEW BUS = NE S S
aS S --~. Bills to be Paid, Bills to be Ratified
~ --~. Requisitions Exceeding $1,000
a~. 3. *Ordinance 1333-89: Amend Kenai Zoning Map - Maguire S/D -
from Suburban Residential (RS) to General Commercial (CG)
4. *Ordinance 1343-89: Amend Kenai Municipal Code by Adding "Recreation
Zone" (R)
5. *Ordinance 1344-89: Increase Estimated Rev/Appns by $180,000 for
Purchase of Land for Boat Launch
•rc~+~+ ~ ~a,,,a~• -b. Discussion: Treat Lease - Steel Shell/Sublease _ t '
~S --~-. Discussion: Approval of Former Dairy Queen Facility Lease to Peter
a & Valerie Ischi
0.SS -S'• Change Order: Airport Bar & Restaurant Equipment
,p
U a Sf _. q - Ol L r ~ o ~-'~" ~v a.r ~ e..a S 2 - o v~ ~ -~+.. o r..`~ o~ a.'~• ~. ~rY+ e.~.-~•'
~p
U
= _ ADM = N = S T RAT = ON REPORT S
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J' _ D=SCUSS=ON
1. Citizens
2. Council
K _ AD ~O U RNME N T
2
AGENDA
KE NA 2 C = TY CO UNC Z L
December
A _ CALL TO O RD E R
- REGULAR MEET 2 NG
6 ~ 1989
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*Al1 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.
B _ SCHEDULED PUBL=C COMMENT (10 Minutes)
C _ PUBL = C HEAR = NG S
N~~' 1. Ordinance 1333-89: Amend Kenai Zoning Map - Maguire S/D -
1 from Suburban Residential (RS) to General Commercial (CG)
CLti~-1.2.~ 2. Ordinance 1343-89: Amend Kenai Municipal Code by Adding "Recreation
Zone" {R)
J~~~ 3. Ordinance 1344-89: Increase Estimated Rev/Appns by $180,000 for
Purchase of Land for Boat Launch
~Qoc.~.- 4. Resolution 89-79: Authorize City Manager Execute Mortgage &
Agreement for Kenai Bicentennial Visitors & Convention Bureau for
Construction of Kenai Bicentennial Visitors & Cultural Center
D_ COMM = S S I O N/ COMM I T TE E REPORT S
1. Council on Aging
2. Airport Commission
3. Economic Development Commission
4. Harbor Commission
5. Library Commission
6. Parks & Recreation Commission
7. Planning & Zoning Commission
8. Misc. Commissions/Committees
E_ M= NU T E S
1. *Regular Meeting, November 21, 1989
Minutes not available at packet time
1
F _ CORRESPONDENCE
1. *Letter from Senator Ted Stevens
2. *Letter from Kenai Peninsula Central Labor Council
G _ OLD BUS = NE S S
H _ NEW BUS = NE S S
G~ 1.
3.
4.
'N ~ S -
a~~'
6.
7.
Bills to be Paid, Bills to be Ratified
Requisitions Exceeding $1,000
*Ordinance 1347-89: Amend KMC Title 23, "Personnel Regulations"
*Ordinance 1345-89: Amend KMC 8.05.010 to Adopt Latest Editions of
National Fire Codes and Uniform Fire Code
*Ordinance 1346-89: Amend KMC Title 4, "Uniform Building Code" to
Adopt & Incorporate 1988 & 1990 Edition of Certain Codes
*Ordinance 1348-89: Increase Estimated Rev/Appns by $14,060 in
Council on Aging-Borough Fund
Vacation of 10' Utility Easement: Lot 2, Misty Haven S/D - H.U.D.
__ ADM S N= S T RAT I O N REPORT S
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J_ D Z S CU S S I O N
1. Citizens
2. Council
K _ AD SO U RNME N T
2
KENAI PENINSULA BOROUGH
MEETING OF THE PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING - SOLDOTNA, ALASKA
7:30 P.M.. NOVEMBER 20, 1989
TENTATIVE AGENDA
AGENDA ITEM A. CALL TO ORDER
AGENDA ITEM B. APPROVAL OF REGULAR MEETING AGENDA AND
ADOPTION OF CONSENT AGENDA
Consent Agenda
1. Other Considerations
s) Time Extensions
1. Coal Creek Country Estates
Addition No. 6 and Replat
ASLS 81-41
RECOMMENDATION: Grant Extension until i1-20-90
2. Bergsrud 1984 Addition
KPB File 84-611
RECOMMENDATION: Grant Extension until i1-20-90
3. Commerce Park Addition No. 2
KPB File 85-209
RECOMMENDATION: Grant Extension until i1-20-90
4. Seward Park
KPB File 88-050
RECOMMENDATION: Grant Extension until i1-20-90
2. Plats Granted Administrative Approval
and/or Abbreviated Plats Approved
Under 20.04.070
a) Mandzik-Millett Tracts
KPB File 89-091
b) Tucker-Smith Subdivision
KPB File 89-045
c) Wayne Fellers Spearin 1988
KPB File 88-091
3. Permits and Applications
a) Domestic Wastewater Disposal; Hillas
DEC 8923-DB008
PROJECT: Discharge of Treated Wastewater
Kachemak Bay area
b) Kenai River 251; DNR, DPOR
AK89-1108-07A
PROJECT: Placement of 11 CY Rip-Rap Big Eddy
State Recreation Site
c) Kachemak Bay 144; Brudie/Jankowski
AK89-1106-02A
PROJECT: Approval and permit for an existing
200' running line - Quiet Cove and
mooring buoy
d) Kenai River 248; C.I.P.
AK89-1026-08A
PROJECT: Placement of seasonal mooring buoys
Kenai River
e) Thompson-Kenai River Breakwater Repairs
AK89-1103-O1A
PROJECT: Replacement of 10 CY of Rock
Kenai River
AGENDA ITEM C. COMMISSIONERS ERCUSED ABSENCES
AGENDA ITEM D. APPROVAL OF MINUTES
1. November 6, 1989
AGENDA ITEM E. PUBLIC PRESENTATIONS WITH PRIOR NOTICE
AGENDA ITEM F. PUBLIC HEARINGS
1. Planning Commission Resolution 89-33
Vacate portion of utility easement,
Lot 2, Misty Haven Subdivision
Ssctior. 34, TSiJ, R11W, S.hi. , Ainska
City of Kenai
AGENDA ITEM G. CONSIDERATION OF RESOLUTIONS - None
AGENDA ITEM H. CONSIDERATION OF PLATS
Falls Creek 1. Morrison Golden Birch Preliminary
Estates Unit 2 Coastal Surveyors
KPB File 89-129
Holt/Lamplight 2. Alaska State Land Preliminary
Road Survey 89-218 Henning Johnson
KPB File 89-130
AGENDA ITEM I. RESERVED'
AGENDA ITEM J. PERMITS AND APPLICATIONS
AGENDA ITEM K. INFORMATIONAL ITEMS
1. Dept, of Transportation & Public Facilities
Sterling Highway Mile post 79-94
Right-of-Way Acquisition Status
2. Kenai Peninsula Borough - Public Works
Funny River Transfer Site
AGENDA ITEM L. PUBLIC PRESENTATIONS WITHOUT PRIOR NOTICE
AGENDA ITEM M. DIRECTOR'S COMMENTS
AGENDA ITEM N. COMMISSIONER COMMENTS
AGENDA ITEM 0. ADJOURNMENT
,~
KENAI PENINSULA BOROUGH
MEETING OF THB PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING - SOLDOTNA, ALASKA
?:30 P.M. DECEMBER 4, 1989
TENTATIVE AGENDA
AGENDA ITEM A. CALL TO ORDER
AGENDA ITEM B. APPROVAL OF REGULAR MEETING AGENDA AND
ADOPTION OF CONSENT AGENDA
Consent Agenda
1. Other Considerations
a) Time Extensions
1. Jorgensen Subdivision
KPB 87-002
RECOMMENDATION: Grant extension until 11-20-90
2. Hayes Subdivision
KPB 83-526
RECOMMENDATION: Grant extension until 11-20-90
3. C.L. Hatton Subdivision Eagle's
Nest Addition KPB 87-035
RECOMMENDATION: Grant extension until 01-09-92
4. Sterling Heights Subdivision
Addition No. 2, Part 6
KPB 88-123
RECOMMENDATION: Grant extension until 12/05/91
2. Plats Granted Administrative Approval
and/or Abbreviated Plats Approved
Under 20.04.070
a) Apache Acres Part Six
KPB 89-123
b) Woodard Hills Subdivision Part Three
KPB 89-104
3. Permits and Applications
a) Cook Inlet 183; Tyonek Native Corp.
AK89-1115-10A
b) Wastewater Disposal Permit; Enserch
8923-DB006
c) Water Rights; Dragnet Fisheries
LAS 12157
d) Kenai River 253; FAA
AK89-1124-15A
e) Seward Airport GA Apron; DOT PF
Project No. 58156
4. Informational Items
a) Log Waste Disposal Permit; Klukwan
' 8923-BAOOi (DEC)
b) Kenai River 249; Ioanin
AK89-1009-02A
c) NPDES; Seward Coal Transfer Facility
NPDES No. AK004062-2
State ID No. AK891010-03A
d) UAA Kenai Fire Training Facility
AK89-0830-09A
AGENDA ITEM C. COMMISSIONERS EXCUSED ABSENCES
AGENDA ITEM D. APPROVAL OF MINUTES
1. November 20, 1989
AGENDA ITEM E. PUBLIC PRESENTATIONS WITH PRIOR NOTICE
AGENDA ITEM F. PUBLIC HEARINGS
1. Resolution 89-34; Vacate ten foot utility
easement within northern boundary Lot 2,
Block 2, Sungate Subdivision (Plat 1694
KRD). Within Sec. 6, TSN, R10W, S.M.
City of Kenai, Alaska
2. Resolution 89-35. Vacate ten foot utility
easement within easterly boundary Lot 12,
Block 2, Thompson Park Subdivision (plat
104 KRD). Within Sec. 6, T5N, R10W, S.M.,
City of Kenai, Alaska
3. Planning Commission Resolution SN89-03
• Renaming Anchor Point Avenue which lies
within S.J. Chapman S/D, Spruce Acres S/D
Anchor Bluff Acres S/D, and Granross Grove
Unit 1 S/D, between Sections 33. 34, T4S
R15W and Sec. 4, TSS, R15W, S.M., Homer
Recording District, Alaska, to Milo Fritz
Avenue
4. Planning Commission Resolution SN89-04
Renaming Tri Road within Spruce Haven
S/D within Sec. 14, T3N, R12W, S.M.,
Kenai Recording District, Alaska, to
• Hermansen Drive
AGENDA ITEM G. OTHER CONSIDERATIONS
AGENDA ITEM H. CONSIDERATION OF PLATS
South of 1. Section Line Easement Preliminary
Clam Gulch Vacation Plat Whitford's Survey
KPB 89-111
South of 2. Vadla Subdivision Preliminary
Clam Gulch KPB 89-133 Whitford's Survey
Oilwell 3. Barnard 1969 Addn No. 2 Preliminary
Road KPB 89-134 Whitford's Survey
Soldotna City 4. Fireweed Avenue Dedication Preliminary
KPB 89-135 Integrity Surveys
McNeil Canyon 5. Dufour S/D Addn No. 1 Preliminary
KPB 89-136 Imhoff
r
K Beach Road 6. Shadura Creek Preliminary
KPB 89-13T McLane & Assoc.
Salamatof Lake ']. Hoyt S/D No. 3 Preliminary
KPB 89-138 McLane & Assoc.
AGENDA ITEM I. BOROUGH COMPREHENSIVE PLAN
COMMUNITY MEETING SUMMARIES
AGENDA ITEM J. PERMITS AND APPLICATIONS
1. Resurrection 84; Schafer
COE 4-870388
AGENDA ITEM K. INFORMATIONAL ITEMS
AGENDA ITEM L. PUBLIC PRESENTATIONS WITHOUT PRIOR NOTICE
AGENDA ITEM M. DIRECTOR'S COMMENTS
AGENDA ITEM N. COMMISSIONER COMMENTS
AGENDA ITEM 0. ADJOURNMENT
Resource Development Council
Box i005i6, Anchorage, AK995i0
ADDRESS CORRECTION
REQUESTED
~esourc
~~oee.,ses ~3e v6e w
t'
i`.
------- ~
Wetlands policy
could cripple
Alaska's economy
In response to a continuing major re-
duction inwetlands inthe contiguous United
States, a new nationwide policy has been
proposed to achieve no overall net loss of
the nation's wetlands. Unless it is modified,
the federal policy would apply equally to
Alaska, jeopardizing the state's economic
base and posing serious impediments to
vital community development in rural and
urban areas.-
- Sweeping changes in wetland man-
agement has been recommended by the
National Wetlands Policy Forum, anon-
governmentrelated group organized in 1987
by The Conservation Foundation. When the
National Wetlands Policy Forum was devel-
oping its recommendations, Alaskan offi-
vials were assured its intent was to protect
wetlands in the contiguous 48 states that
were rapidly being converted to urban uses,
a problem that doesn't exist in Alaska. Yet
~thedraft recommendations make no attempt
to treat Alaska differently.
The proposed Wetlands No Net Loss
Act of 1989, modeled after the Forum's
recommendations-would impose stringent
guidelines on all 50 states. While making it
virtually impossible to convert wetlands to
other uses, it also gives the U.S. Fish and
Wildlife Service permitting authority for
~ wetlands development ratherthan the Army
;orps of Engineers.
Offsite mitigation
The federal "no net loss" concept means
that any wetlands used for development
would have to be replaced in the national
This edition _ , ~ O ~~ O~ ~~' ~ ~~
sponsored by:
wetland inventory by either creating new
wetlands or reclaiming previously disturbed
wetlands. This would result in requirements
for mitigation measures to be implemented
"off-site" from the development project,
perhaps even in another state.
Such a requirement could force the
developer into buying and preserving wet-
lands far removed from the project, an op-
(continued on page 4)
Comparison of Wetland Losses
in Alaska and Contiguous tJ.S.
Alaska Contiguous U.S.
0.05% lost (80,000 acres)
Approximately half of the wetlands in the
contiguous 48 states have been lost to
development, while 99.95% of Alaska's
wetlands are undisturbed.
Mayor Jahr~ J. bti 11 Tarns
City of I:erlai
~,C vrnage or oerawrcrc, rrKe many in Alaska, is built on wetlands near a navigable stream.
A policy of 'no net loss"forA/aska wou/d create serious economic consequences throughout
urban and• rural Alaska and pose serious impediments to development projects in all
resource sectors. (John Rense NANA)
~ ~~ {~~:
'~~ ~,-
~,
~~,~~-~ -
F~'P.~ri,,.n
Message from
the' Executive
Director
by
Becky L. Gay
A Question of Balance
RDC is ending this decade with a bang! RDC's tenth annual
conference will be held November 29 - 30, Wednesday, Thursday,
at the Sheraton Anchorage Hotel. Why the change from February
to November?
The timing better accommodates elected officials and will
strengthen RDC's presence in Juneau during the session. But also,
traditionally the winter holiday season is a time for rejoining old
friends, traveling and celebrating the year past while, more impor-
tantly, looking ahead.
RDC's conferences are known to be fun, as well as educational.
The holiday timing should serve to enhance that appeal. Besides,
this way whoever wins the giant gold nugget necklace at the raffle
will have the perfect showpiece to wear to Christmas parties!
The conference will bring people together with a spirit of
goodwill to examine and discuss the serious resource allocation
issues facing our state and nation. The speakers are exciting and
so are the topics. We hope you will attend. Mark your calendar
today!
Alaska: Playground, Park and Production State
"A Question of Balance"
Confirmed speakers:
Changing America's Perception of Alaska
James Wickwire, Attorney, Wickwire, Greene & Seward
Seattle, Washington
Maintaining Wildlife Values in Developing Areas,
Gomer E. Jones, President, National Institute for Urban
Wildlife, Columbia, Maryland
Alaska Energy: Meeting the Challenge of America's En-
ergy Future, Percy A. Payne, General Manager of Produc-
tion, Shell Western E & P, Houston, Texas
Playground and Park: The Striking Differences,
Wayne Ross, National Rifle Association, Anchorage, Alaska
The Costs & Risks of American Energy Scenarios
Dr. Henry Schuler, Director, Energy Security Program, Geor-
getown University, Washington, D.C.
How Will Future U.S. Energy Demand be Met?
General Richard Lawson, President, National
Coal Association, Washington, D.C.
At What Cost Environmental Protection? Dr. Gunnar Knapp,
Associate Professor of Economics, Institute of Social & Eco-
nomic Research, Anchorage, Alaska
Timber: Can People Still Work in the Forest?
John Sturgeon, Koncor Forest Products, Anchorage, Alaska
Harnessing the Fuels of Tomorrow, Robert Gentile, Con-
sultant on Fossil Energy to the Secretary of Energy,
Washington, D.C.
America's $80 billion Opportunity: Alaska Natural Gas,
William V. McHugh, President, Yukon Pacific Corporation,
Anchorage, Alaska
Alaska's Wetlands: "No Net Loss" and What it Means to
Alaska's Economy, Vicki Masterman, Environmental Attor-
ney, Jones, Day & Pogue, Chicago, Illinois
Balancing World-Class Mineral Development with
Environmental Concerns, Frank Joklik, President & CEO,
Kennecott Corporation, Salt Lake City, Utah
The Rough Road to Economic Stability, Mayor Tom Fink,
Municipality of Anchorage
How National Policy Affects the Home Front, Mayor Jer-
ome Selby, Kodiak Island Borough
Prince William Sound: Putting the Pieces Back Together,
Mayor Lynn Chrystal, Valdez, Alaska
Fiscal Realities: Resource Development and the Tax
Base, Mayor Bruce Botelho, City and Borough of Juneau
How Congress Views Alaska, Mike Harvey, Chief Counsel,
U.S. Senate Committee on Energy & Natural Resources,
Washington, D.C.
Parks As Prizes: Profiting from Preservation, Neil
Johannsen, Director, Alaska State Parks, Anchorage, AK
Balance:. A View from the Top of the World, Jacob Adams,
Presid~rit, Arctic Slope Regional. Corporation, Barrow, Alaska
TheResourcr:DevelapmentCauncil(RDCjisAlaska's UicePresident JohnForceskie Resource Reviewistheoifiicialmoritttlppubticationot
largest privately funded nonprofit economic develop- Secretary . ...:..:. ....:.:.. ...: ..:... Easy Gilbreth the- Resource Developrnettt Council; Boz .100516,
ment organization working to develop Alaska's natu- 'Treasurer .'.... Larry Laughman . . Anchorage, Alaska99514-{947)2~fi=0i~. ROC is lo-
yal resources in an orderly manner and to create a ..Pali President ..:. , ..., .. ,;:,.. , :, Shelby SlastFly caC~diat r~07 G Slreel, Suite 200, Anchorage,
broad-based, diversified economy while protecting Staff Ma7erial'in tfie-publication may be reprinted without
and enhancing the environment. Executive Director, .........:...... ..:: ..:.~:Becky t.. Gay permisslon provided appropriate credit is given.
Executive Committee Officers Pubfic Relations Director .....:........... :.:... Carl Portman Writer ~ Edltor
President......:..... Pete Nelson
...... Member Services/Admtn Assf......... Kimberly R. Duke Carl Portman
Vice President .... `Joe Usibelli, Jr.
......... ........ Protects Coordinator ..........:............
Statt Assistant ...:.......................... Debbie Reinwand
,.Heather Hall
' ° ~ '°`
Alaska's economy is important to U.S.
"Washin ton D. C. mu
9 ~ st not denyAlaskans
of their right to economic growth through
resource development. It would be, in of
fect, creating a welfare state instead of a
producing contributor to the nation's well-
being. "
With its rich endowment of oil and gas, fish, minerals and
forests, Alaska is America's treasure chest of natural resources. For
the most part, Alaska's vast resources remain largely untapped. And
through the wise use and management of these resources, Alaska
has the ability to diversify its economy while helping to provide the
nation with essential raw materials.
Alaska has achieved its current level of development while
preserving 99.95% of its wetland acreage. Surely, environmentally-
sound development of the state's huge resource potential can
Thoughts
~~ :-~ from the
President
by
Pete Nelsen
proceed without significant impact to its wetlands. The continued
economic viability of the state and those who live here depend on it.
Private sector industries associated with the development of
the state's resources form the foundation of Alaska's economy and
fund 95% of state government operation and services.
The Alaska oil and gas industry provides 25% of atl domestic
production and 85% of all state revenues. The Alaska seafood
industry accounts for approximately 50%of the nation's commercial
fish catch. Of the 30 minerals the U.S. must now purchase abroad,
22 are found in Alaska, many in commercial concentrations. About
50% of the nation's coal reserves are found in Alaska and world-
class mining projects are now coming on line. Alaska is also one of
the largest untapped timber reserves on the Pacific Rim. Some 16%
of the commercial forest lands in the U.S. is in Alaska.
If Alaska is to develop its private sector and sustain its economy
in an age of declining Prudhoe Bay oil production and revenues,. it
must build the infrastructure needed to expand its minerals, timber,
tourism and fish industries. This will inevitably involve the use of
wetlands since nearly three-quarters of our state's non-mountain-
ous lands are considered wetlands.
Policymakers in Alaska and Washington, D.C., must recognize
the implications of applying a blanket "no net loss" wetlands policy
to Alaska. Such a policy could very well preempt new ports, roads,
airports, visitor facilities and other vital local, regional and statewide
economic development projects.
Washington, D.C., must not deny Alaskans of their right to
economic growth through resource development. It would be, in
effect, creating a welfare state instead of a producing contributor to
the nation's well-being.
Wetland proposal concerns Alaska natives
Alaska's inclusion in a proposed national policy of "no net loss" of wetlands would constitute a severe violation of the intent of the
Alaska Native Claims Settlement Act (ANCSA), according to a prominent Alaska native leader.
!n a letter to President Bush, Glenn Fredericks, former Chairman of the Alaska Federation of Natives, urged that Alaska be
excluded from the national wetlands policy. Fredericks said a blanket policy would "negatively and unfairly affect not only the Alaska
native people, but all of the residents of the State of Alaska."
Under ANCSA, 44 million acres of land was transferred from the federal government to Alaska's native people as settlement for
aboriginal rights Congress intended that the land selected by the natives would be available for development.
"I can assure you it was`the clear understanding of all parties involved that the native people would receive and have the right to
~~ occupy or-'use the total amount of that acreage," Fredericks wrote Bush.
;~ The prospect that a significant number of acres of that total would be used in connection with development projects was implied,
if not mandated, by the formation of twelve regional profit making corporations and over two hundred village profit making corporations,
each of which was established to receive the land as a corporate asset.
"Our entitlement cannot and should not be diminished by this no net loss wetlands policy," Fredericks said. "For most of the regional
(continued on oaae7l
nn{..h..• iA0/1 / C]CC~/'ll Innr nr~//r.~• , n ..
(continued from cover)
tion which may not be practical for Alaska.
Unlike the southern states, there are few, if
any, privately-owned wetlands in Alaskathat
could be purchased, preserved or restored
as compensation for a project. The vast
majority of Alaska's wetlands are under state
and federal ownership, not privately owned,
and therefore are not available to buy. In
addition, so little of Alaska's wetlands have
been altered.
Threat to economy
"Applied to Alaska, a national policy of
'no net loss' to wetlands has the potential to
stop economic development in every com-
munity,"warned Mayor Jerome Selby of the
Kodiak Island Borough. "The federal con-
cept is not flexible to Alaska's unique posi-
tion,"Selby added. "We deserve a balanced
public policy, one which allows responsible
development while keeping wetland losses
to a necessary minimum."
The proposed wetland initiatives would
pose serious impediments to development
projects in Alaska, warned Paula Easley,
Director of Economic Development and
Planning for the Municipality of Anchorage.
"In Anchorage, we are already being threat-
ened bythe federal agencies that, unless we
do offsite mitigation and/or compensation,
the Municipality could lose its general per-
mittingauthority." Easley said. "The costs for
meeting these demands are prohibitive, in
the hundreds of thousands of dollars."
Even though the wetland initiatives
profess to reflect reasonable application,
such reasonableness cannot be counted
on, asserted Easley. "Already environmental
groups, citing the recent oil spill, are saying
they will capitalize on the anti-Alaska mood
in Congress and use the wetlands protec-
tion issue as a way to stop energy, mineral
and timber development in our state."
Approximately 45% of Alaska is cov-
ered by wetlands. In fact, wetlands account
for about 74% of Alaska's non-mountainous
area. The result is that wetlands of many
types and descriptions form the bulk of the
developable land in the state.
The broad definition of wetlands, com-
binedwith the emerging federal policy of "no
net loss," would place most lands and devel-
opment projects in a precarious situation.
According to community, industry and na-
tive leaders, it would be almost impossible
_,__ ._ ,
,:: , ~ -~ a :~..- . -~ ,
for an area surrounded by wetlands to
expand and develop, leading to economic
stagnation and disinvestments throughout
urban and rural communities.
Many Alaskan communities are built in
wetlands or on narrow pieces of flat land
between mountains and the sea, and any
expansion is impossible without sacrificing
some wetlands. The state's capital, Jun-
eau,for example, would not have an airport
if it wasn't for filling of wetlands. And like
many other coastal communities in Alaska,
Juneau relies heavily on wetlands for com-
munity expansion.
"Because of our concerns for wetland
use, we undertook an exhaustive study to
identify and protect high-valued wetlands
and to identify others suitable for reason-
able development," said Juneau Mayor
Bruce Botelho. "Yet many believe our work
has been largely ignored because of a fed-
eral regulatory scheme that fails to recog-
nize our own paramount interests in land
use and our ability to represent the public
interest."
~~
The Matanuska-Susitna Borough north
of Anchorage has the oldest and one of the
largest agriculture areas in Alaska, coupled
with the entire gamut of minerals from coal
to gravel, and a strong recreation industry.
"The proposed `no net loss' policy would
spell an end to projects supporting our vital
industries,"cautioned MayorporothyJones.
"Can you imagine having to purchase land
outside Alaska to replace wetlands which
had to be crossed to build a necessary
highway, port, tourist facility or school in
Alaska?"
Becky Gay, Executive Director of the
Resource Development Council, the state's
largest non-profit economic development
organization, stressed that since oil and
gas, minerals, fisheries, timber and tourism
are the mainstays of Alaska's economy, the
economic importance of resource develop- ~..~
ment cannot be overlooked in wetland poll- ~"
cies.
"Most coastal communities in Alaska
are undertaking port and harbor develop-
ment and want to expand value-added
Most coastal communities in Alaska are undertaking port and harbor development and
expanding marine facilities. Most have to rely on water-based transportation for fishing,
processing, recreation and tourism. The infrastructure must be built for the most part across
wetlands. Above, timber from Alaska's Interior is loaded on a ship at the Port of Anchorage.
processing and marine facilities,"Gaynoted.
"Most have torely onwater-based transpor-
tation forfishing,processing, recreation and
tourism. These port facilities and infrastruc-
ture must be built for the most part across
wetlands."
Wetland losses compared
- Alaska relies heavily on resource de-
velopment for its economic base, yet only
80,000 acres of wetlands have been used
for all forms of development in Alaska, in-
cluding the building of towns and roads.
This amounts to 0.05% of Alaska's
170,000,000 acres of wetlands. In other
words, Alaska has achieved its current level
of development while preserving 99.95% of
its wetland acreage.
In contrast, development in the con-
tiguous United States has taken a toll on
wetlands, over 54% of which have been
developed. And wetland use continues at a
high rate from agriculture, human settle-
ment, industry and other causes. It is clear
that wetland loss in the rest of the nation is
an important issue.
However, Alaska is not part of the
problem, nor should it be viewed as the
solution to wetland foss in the contiguous
United States, according to Mayor Don
Gilman of the Kenai Peninsula Borough.
"Even with recentworld-class developments,
over 99% of Alaska's wetlands are intact,"
Gilman said. "That means there is no effec-
tive way to create new wetlands in most of
Alaska to satisfy the demand of such a
federal policy."
In a nationwide perspective, the current
annual wetland reduction of 275,000 acres
in the contiguous 48 states is about three
and one-half times the total estimated acre-
age of all wetlands used in Alaska since
1867.
While the "no net loss" concept may be
applicable to the contiguous 48 states, it is
clearly not appropriate for Alaska, asserts
RDC's Gay. "Such a policy in Alaska would
accomplish nothing to slow wetland losses
in the Lower 48,"Gay noted, "unless we are
held hostage to out-of-state development."
Even if Alaska's 80,000 acres of dis-
turbed wetlands could be totally returned to
their original status, the result would be
insignificant, both in terms of A!aska's wet-
lands and those of the nation as a whole.
Such a restoration would offset the loss of
wetlands in the contiguous 48 states by only
seven one-hundredths of one percent
(0.07%).
While some Washington authorities
acknowledge that Alaska deserves special
consideration, the national policy is yet to be
formulated, and what consideration Alaska
receives is yet to be decided.
"Alaskans are faced with a serious
challenge to ensure that we do receive
special consideration," said Senator Frank
Murkowski. Murkowski noted that the
President's Domestic Policy Task Force is
now looking at the Policy Forum's recom-
mendations in order to develop a unified
national policy. The seniorstaff of the Alaska
congressional delegation will be meeting
soon with the president's staff and the task
force to discuss the critical issue.
In the meantime, RDC urges Alaskans
to write or call Senators Murkowski and Ted
Stevens and Congressman Don Young.and
express their concerns. Feedback from a
broad arrayof Alaskans is important ifAlaska
is to successfully gain an exemption to the
"no net loss" policy.
If Alaska is to continue to develop its
private sector, which through a variety of
resource development funds 95% of state
government operations, reasonable expan-
sion of the state's infrastructure must be
allowed. This will inevitably include careful
use of wetlands. Ports, roads, airports, visi-
tor facilities, and other vital infrastructure
are key to maintaining the viability of Alaska's
basic economy. The continued viability of
the state may depend on Alaska winning an
exemption to the wetlands policy.
Alaska wetlands are
carefully protected
Development is scrutinized
In the contiguous United States, nearly 80% of wetland losses
have occurred due to widespread agricultural development over
large acreages, but complex regulatory procedures in Alaska have
kept wetland reductions to a minimum.
Roughly half of the original wetlands in the Lower 48 have been
lost and agriculture, human settlement, industry and other causes
continue to claim a toll on wetlands. In contrast, approximately
99.95% of Alaskan wetlands remain in their natural state. Since
Alaska became a territory in 1867, only five one-hundredths of one
percent (0.05%) of its wetlands have been disturbed.
Unlike the contiguous 48 states, much of Alaska's development
has occurred since the advent of stringent federal and state environ-
mental laws. These comprehensive laws and regulations ensure
that development is carefully scrutinized.
At the federal level, Alaskan wetlands are covered by Section
404 of the Clean Water Act. The Act requires a permit to allow any
filling of wetlands, whether on private or publicly-owned land. The
U.S. Army Corps of Engineers administers the permit program, and
the Environmental Protection Agency retains veto powers over all
permit approvals.
Numerous state, federal and local agencies, including the U.S.
Fish and Wildlife Service, Environmental Protection Agency, Na-
tional Marine Fisheries Service, Alaska Department of Fish and
Game, Alaska Department of Environmental Conservation and the
Alaska Department of Natural Resources, all participate in the
review of Section 404 permits.
Section 10 of the Rivers and Harbors Act, which controls
potentially disturbing activities in any water body, provides further
protection for Alaska wetlands. The Corps also administers the
Section 10 program, which receives the same interagency review of
the Section 404 program.
In addition, the federal Coastal Zone Management Act provides
an extra measure of protection for Alaskan wetlands. The State of
Alaska administers the federally-approved coastal management
program, which requires comprehensive review of projects poten-
tiallyaffecting coastal wetlands, including inland wetlands connect-
ing with coastal wetlands. Both the state and local governing bodies
conduct the review, which is required prior to the granting of Section
10 and Section 404 permits. The State of Alaska must certify that any
wetland alteration will not impair water quality. The Corps of Engi-
neersmust also determine that there are no practical alternatives to
the proposed development.
According to the National Marine Fisheries Service, nearly half
of the total wetland acreage proposed for fill placements under the
Section 10 and Section 404 programs was denied approval for
development between 1981 and 1987.
In addition to the existing regulatory framework, about half of
Alaska is already protected as federal and state parks, wildlife
refuges, wilderness areas and other conservation units. Many of
these lands were set aside when Congress passed the Alaska
National Interest Lands Conservation Actin 1980, placing over 100
million acres in conservation units with the expressed purpose of
allowing intense development on remaining state lands.
Because of the existing regulatory system and Alaska's unique
geographical position, wetland losses are likely to remain at a
necessary minimum here. Adding another layer of regulatory control
through the "no net loss" concept would accomplish little but to stifle
economic growth from the smallest village to Anchorage, Alaska's
major cosmopolitan city.
For Alaska, the "no net loss" concept is a death-knell covering
all industries, all transportation growth, all regions and more impor-
tantly, the people who live and work in the state.
Clean Water Act
• Section 404 regulates fill placement
in wetlands
• Requires prior review and evaluation
before a permit is granted
-.ss'"
Rivers and Harbors Act
i
• Regulates disturbance to navigable
waters
• Protects shallow waters classified as
wetlands
• Requires prior review and evaluation
before a permit is granted
Fish and Wildlife
Coordination Act
• Requires consultation with federal
and state agencies prior to decisions
affecting wetland developments
Coastal Zone l~ianagement Act
• Requires interagency review of
development proposals affecting
coastal zone wetlands
• Review is conducted prior to is-
suance of Section 10 and Section
404 permits
Alaska Statutes
• Govern petroleum lease operations
requirements
• Protect fish and wildlife habitats,
including wetlands
C
C"
Mitigation measures prove effective
in limiting major wetlands loses
A comprehensive, multi-layered regulatory system combined
with effective high-tech mitigation measures have minimized wet-
landlosses inAlaska tothe extent that only a tiny fraction have been
modified.
Avoidance and minimization are the two strategies most often
used by industry to mitigate wetland reductions in Alaska. Avoid-
ancemeans siting facilities away from high-value wetlands. Minimi-
zation is achieved by reducing the number and size of facilities.
On Alaska's North Slope, the oil industry has successfully
mitigated wetland losses by avoiding important habitats and con-
solidatingfacilities, according to ARCO Alaska biologist Mike Joyce.
"Each new development area on the North Slope is planned to
mitigate disturbance on habitat and wildlife by routing gravel roads
and pads away from important habitats," Joyce said.
One of the best examples of facility consolidation and down-
sizing inthe arctic is the reduction in production drill pad areas. New
technologies allow for much closer spacing of wellheads in combi-
nationwith directional drilling. Over the past six to eight years, well
pads have been reduced in size by two-thirds.
When the Prudhoe Bay field was first developed, this technol-
ogywas inthe early stages, and drill pads were constructed to cover
a much larger area than is necessary today. Future drill pads are
planned to be smaller yet, as wells are drilled closer together and
reserve pits are eliminated.
When the useful life of the oil fields is over, rehabilitation
measures will be used to restore plant cover and gradually return the
areas to productive habitats.
In the meantime, wildlife populations throughout the North
Slope are thriving and there is no evidence that arctic wildlife is
limited by the availability of habitat. Arctic wetlands cover an area
larger than the state of California and Oregon combined and bird
monitoring studies show that all bird populations within the oil fields
are at or above pre-development levels.
The acreage of wetlands affected by oil development in Alaska
is less than 30,000 acres in a state with an estimated 170 million
acres of wetlands. North Slope oil fields provide 25% of U.S.
domestic production, yet only 0.05% of the wetlands on the Slope
has been disturbed.
Alaska
Wetlands
Lost
Natives express concern over wetlands
(continued from page 3)
and village corporations, our land asset is assurance of our
future economicwell being," Fredericks continued. "Ourpeople
have only recently entered the mainstream. We continue to
struggle with severe social problems. Establishing and devel-
opingdiversified economies throughout our vast rural regions
is critical not only to the survival of our corporations, but also
to the future social well being of our people and their heritage."
Fredericks, who has been actively involved in native
affairs since the passage of ANCSA in 1971, said that these
emerging economies, timber fisheries, tourism, minerals and
other natural resources, must involve the well planned and
managed development of native lands. "Any requirement to
"replace" wetlands used in development will significantly
impact our corporations, particularly in view of the major
portions of our lands which have been designated wetlands,"
he said.
"A blanket national policy on wetlands would negatively
and unfairly affect not only the Alaska native people, but all of
the residents of the State of Alaska," Fredericks added.
Jacob Adams, President of Arctic Slope Regional
Corporation and North Slope Borough Assemblyman, agrees
that the native's settlement of their aboriginal land claims are
threatened by the national wetlands scheme.
"This is contrary to Congress' clear intent to compen-
sate Native corporations with lands that have economic
viability," Adams said. "The proposed designation questions
the ability to use our lands for any economic purpose."
New drilling technology has allowed for Norih Slope oil wells
to be placed closer togetherat the surface. A typical well pad
built several years ago is shown to the left. A newexperimental
well pad, at right, has reduced spacing between wells by
roughly two-thirds and reserve pits have been eliminated.
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Y RURAL DEVELOP
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MENT DMSION (RDD)
ANCHORAGE ' ENERGY EFFICIENT HOUSING
:949 E.36thAvenue DEMONS`~RATION .GRANT DILLINGHAM'
,. Anchorage, AK. 99548 ~
- !P.O.:Box 10041
_.
.
The Bering Straits Hou
i : Dillingham, AK 99576:
s
ng Authority (BSHA)
6 oD has been awarded a $200,000 rant f
9 or an M
RAD
energy efficient housing demonstration. The 842'5135
TIM S~-LtvDElzs money will be spent to upgrade a U.S. Depart-
: Local Government
Specialist meet of Housing and Urban Development DEBBIE TIIVI\I1'SQN
(HUD) hoUSin j
g pro ect in Golovin to the super- 1-ocaLGovernment
specialist
Jo~I ct,rvA
Pl insulated levels of the Alaska Craftsman Ho
anner me
Program. Up to 13 homes will be u raded
BOB AIKEN
Local Government a cost of $6,000 per house. Thepemaini g RDD
8~-5135..
;Specialist money will be spent on designing the monitor-
ing program, purchasing the necessary equip- BOBBY ~D1zEw
RDD ment, and monitoring the project for two years. 'Loan Examiner
':563-1073
sx1RL>~Yr-~~s WELCOME ABOARD KODIAK
Community
Developmentspeciatist:
`
Debbie Tennyson, formerdirector
of the Bristol 710 Mi11Bay Road
Kodiak, AK. 99615
~
~ RENTZEL
commu~ty Bay Native Association, has been hired by the
DeveIopmentSpecialist DepartmentofCommunityandRe ion
g alAffalr MRAD
486
S
as a Local Government Specialist, startin on
g -5736
the 20th of November. Debbie will be bas LoOcal PETERSON
Government
Dillingham, and will serve the Bristol Bay Re Specialis ~„~ .~ ~, --
'~
ion. ~
.~
~~
O Q((''~~
~ ..QJ N
r. ~.~ ~
NEW PUBLICATIONS ETHICS
Need to know when revenue sharing appli-
cations are due? Have a Title 29 question?
Having trouble finding information in the
Local Government Handbook? We've got
answers for youl _ .-
The Local Government Calendar will,be in
the mail to you shortly. The Calendar notes
all the important dates you need to know;'
has general historical information, and has,
tips that can help you do your job. This year
we featured communities and printed great
pictures! . ~ ..
It's been a few years since we printed an
updated Title 29. They're hot off the press
and were mailed to each municipality. If you
need more, let us know. You. can't miss
them, they have a °day glow" green cover!
', If you're like us, you've wanted a subjec
index for the Local Government Handbook
Well, you've got one! Copies were mailed t
everyone with a Handbook (that we knew
about). It's printed on blue paper so you can
find it fast in your binder. If you didn't get an
index and need one, let us know.
All our publications are available from the
MRAD regional office nearest you or from
the Anchorage office. You can call the
Anchorage office at 563-1073.
As elected officials and city employees, you
are constantly in the limelight. Sometimes it
may even seem like everyone is watching
everything you do, waiting foryou to make a
mistake. The residents of the city must be
able to trust their elected officials and city
employees. The key is the avoidance of
impropriety or the appearance of impropri-
ety.' By conducting yourself in an "ethical"
manner, you may be able to avoid many
situations that could cause trouble.
To guide yourself through possible danger-
ous waters, ALWAYS: be truthful and hon-
est in all public activities; pertorm your offi-
cial duties without realizing personal gain;
avoid interests or activities that conflict with
your official duties; serve the residents of
your city with respect, concern and respon-
o cial duties.
siveness; maintain a positive attitude; and
t NEVER violate confidences or privileged
information that you learn through your offi-
..
:,~:.
..
N
~'~
. ~~ ,
J
:<
=' j,~
~-
LOOK TO THE FUTURE
Thanksgiving
REDI Grant application
deadline
Fnal deadline for FY 91 State
j °'-{, ~~'a~' ' -Revenue Sharing Application
n~ •f.• -` Y~ ' it ~ - ~
• ' ~ , j•-
1 •
Hanukkah
NEW NATIONAL FLOQD.. ~~ • • ~ _
INSURANCE PROGRAM BOOK
The Department of Community and Re-
gional Affairs has updated and re-issued
"Designing Floodproofed Homes in Alaska.°
The publication provides tips to property
owners in flood hazard areas on where to
locate, how much to elevate, how to land-
scape, and where to connect utilities to
minimize flood damage. For more informa-
tion abouttheprogram, ortoobtain copies of
the publication, call Christy Miller at 563-
1073.
Commissioner certifies the
July 1, 1989 Municipal
Population Report
Winter Solstice: the shortest
day of the year
November 23,1989
December 1, 1989
December 1, 1989
December 4, 1989
December 15,1989
December 21,1989
Christmas
3
December 25,1989
... ~. ~~!,'t
BIG WAVE WARNINGS EMPLOYEE OF THE MONTH
FOR NOVEMBER
The Alaska Division of Emergency Services
has the responsibility to send out tsunami Keith Jost, Natural Resource Officerwith the
(tidal wave) warnings issued by the Alaska Municipal Lands Trustee Section, has been
Tsunami Warning Center. The decision to selected as employee of the month for
evacuate areas that might be affected by a November. This also nominates him forthe
tidal wave will then be made by focal officials. Distinguished Public Service Award. Keith
If you get a tsunami warning or watch mes- has been honored for his work in accom-
sage,pass it on toall local residents that may pushing the transfer of land that had been
be affected exactly as received. This wild, conveyed to the Trustee under the require-
give them the information that they need to meats of Section 14(c)(3) of the P.las;ca
make evacuation decisions. If you have any` Na;itre:Claims Settlement Act to the recently
questions about tsunami warnings, or if you incorporated city of Atka. Congratulations,
are not in the system now and think you Keith!
should be, call Pete Wuerpel, toll free, at
(800) 478-2337.
ii ~,~~~~
a:
STATE OF ALASKA
DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS
SOUTHCENTRAL REGIONAL OFFICE
949 E. 36th AVE. Suite 404 '
ANCHORAGE, ALASKA 99508
First Class Mail
The Honorable John Williams
William Brighton, Manager
City of Kenai
210 Fidalgo
Kenai, Alaska 99611