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HomeMy WebLinkAbout2010-12-21 Council Packet - Work SessionREMINDER: WORK SESSION WITH AREA LEGISLATORS (Re: Upcoming Legislative Session and City's Capital Improvement Project List) TUESDAY, DECEMBER 21, 2010 6:00 P.M. KENAI COUNCIL CHAMBERS 210 Fidalgo Avenue Kenai, AK 99611 KENAI CITY COUNCIL WORK SESSION DECEMBER 21, 2010 KENAI CITY COUNCIL CHAMBERS 6:00 P.M. ITEM 1: CALL TO ORDER ITEM 2: DISCUSSION AGENDA a. City of Kenai Capital Improvement Project List b. Kenai River Special Management Area (KRSMA) Boundary c. Upcoming Legislative Session ITEM 3: ADJOURNMENT thr my ar KENAI. ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2010 -57 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LIST FOR STATE AND FEDERAL FUNDING REQUESTS FOR THE FISCAL YEAR 2012. WHEREAS, the Capital Improvements Plan (CIP) is a guide for capital expenditures; and, WHEREAS, the City of Kenai CIP process has involved consideration of existing plans, programmatic needs and public input; and, WHEREAS, the CIP compliments the legislative priorities, City Budget and Comprehensive Plan; and, WHEREAS, the Kenai City Council held a public hearing on the Capital Improvements Program adoption on October 6, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012, as provided in the attached Exhibit A, is adopted.. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October, 201 0. TTE ST: Carol L. Freas, City Clerk PAT PORTER, MAYOR CITY OF ■ENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR STATE & FEDERAL FUNDING REQUESTS FOR FY2012 _ CHIBIT A PRIORITY NUMBER PROJECT TITLE DESCRIPTION REQUIRED FUNDING NOTES /COMMENTS 1 Kenai River Bluff Erosion /Stabilization Approximately one -mile of the bluff along the Kenai River is exhibiting substantial erosion. Several hundred feet of the original townsite have been lost over the last century. The U.S. Corp of Engineers estimates the rate of erosion to be 3 feet per year. Over the next 50 years, in excess of $ 50 million (in 2006 dollars) of property and improvements will be lost, without the construction of stabilization improvements. The total cost estimate for the project is $ 20 million. Approximately $ 1.5 million has been spent to date on preliminary engineering & studies. Kenai voters approved a $ 2 million bond sale at the October 2007 election. Recently the Kenai Peninsula Borough Assembly passed a resolution to provide the quarry rock for the project at no cost. The value of the rock is estimated at $ 4.8 million. Total funding in -hand and in -kind is approximately $ 10.2 million. Additional $ 2,000,000 from the State of Alaska, and $ 17,000,000 from the Federal Government through the US Corps of Engineers The bluff erosion project has been the City of Kenai's number one Federal and State funding priority for at least the previous thrree years. Administration is requesting funding from the Govemor and area Legislators. To date, funding of approximately $ 1.5 million has been appropriated by Alaska's congressional delegation, but the outlook for additional federal funding is not good. The citizens of Kenai approved a G.O. bond proposition in the amount of $ 2,000,000 in 2007. Given the State of Alaska's present financial condition the opportunity to recieve funding is as good as it has been in some years. 2 New Water Transmission mains (Phase III) 1. Replace approximately 3,200 0 of asbestos cement (AC) water main which is presently the sole connection from the City's water production facilities and the distribution grid. Any failure of the AC piping would constitute a catastrophic failure of the City of Kenai's municipal water supply utility. 2. Construction of 2,5000 of new water main along Swires Road between the Kenai Spur Highway & Lawton Drive, This will provide a cross - connec tion between an existing water transmission main and the new water transmission main being constructed on Lawton Drive. These improvements will increase system reliance, and increase both operating pressures and flow volumes. $ 1,557,000.00 A grant application for this project has been submitted under the State of Alaska, Department of Environmental Conservation (ADEC) Municipal matching Grant Program (IvMMG). We have recxeived the scoring and this project has scored well enough to probably be included in the Governor's FY 2012 capital budget. The City Council passed Resolution No. 2012 -46 identifying this project as the number one ADEC MMG priority. 3 Paving & Improvements to City Streets The City of Kenai maintains approximately 20 miles of gravel surfaced roadways within its municipal boundaries. The cost of maintenance of gravel roadways is high, dust from gravel roadways is a health issue for the elderly & young. $ 1,000,000.00 Administration recommends that a project of this type be perpetually included in capital project requests to the State of Alaska. Page 1 of 5 Prepared by: R. Koch CITY OF .ENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR STATE & FEDERAL FUNDING REQUESTS FOR FY 2012 XI IBIT A PRIORITY NUMBER PROJECT TITLE DESCRIPTION REQUIRED FUNDING NOTES /COMMENTS 4 Construct New City Light /Heavy Equipment Maintenance Shop This project would construct a 20,000 sf maintenance shop to replace the existing shop. The exsiting shop is a collection of buildings and cortex's that lacks the room to perform maintenance on the City's equipment fleet, and also lacks engineered ventilation systems as well as other improvements found in designed facilities. $ 3,500,000.00 Shop facilities to support operations and maintenance activities are always difficult projects to move forward. The present facility was never designed to facilitate the support manitenance activities which are being accomplished, There may be an opportunity for Federal participation, specifically FAA funding in an amount comensurate with Airport use of the facility. 5 Vehicle Storage Facility for Kenai Senior Center Vehicles This project would construct a six -bay vehicle storage facility at the City maintenance yard. At present the vehicles are stored outside the center, During the winter this results in vehicles running to maintain heat for trips for the senior clients, and also results in increased mechanical difficulties. $ 400,000.00 6 City Hall HVAC & Energy Conservation Improvements - The current system does not provide uniform heat in the winter and does not include air conditioning (cooling) in the summer. The present system also does not provide an adequate number of air changes to meet current code requirements. The copy room which contains the computer servers is consistently at a significantly elevated temperature. Improvements would include the romovereplacernent of the exterior building panels, replacement /addition of insulation in the walls and roof, removal and replacement of the roof mounted air - handling system with a ground -level HVAC /air handling system, and replacement of the existing roof. $ 400,000.00 This project could also be a candidate for the DOE competitive grant program. 7 Capital Improvements to Support State Personal Use Fishery This project would construct three Fish Cleaning/W aste Transfer & Enforcement/Data Collection Stations. The three stations would he located at the North Beach, South Beach, and City Boat Launch. $ 300,000.00 In a recent candidates forum Governor Parnell stated that his administration is willing to invest State resources to mitigate the imact of the personal use fishery on the City of Kenai and the Kenai Peninsula. Page 2 of 5 Prepared by: R. Koch CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR STATE & FEDERAL FUNDING REQUESTS FOR FY 2012 JCHIBIT A PRIORITY NUMBER PROJECT TITLE DESCRIPTION _ REQUIRED FUNDING NOTES /COMMENTS 8 City of Kenai Recreation Center - Energy Upgrades/Improvements This project would replace the major components of the heating ventilation system, replace wail coverings, replace/increase insulation in exterior walls and ceiling, replace the existing roof, and construct a new entrance. $ 500,000.00 s City of Kenai Wastewater Treatment Plant Upgrades & Renovations This project would construct improvements to the City of Kenai s WWTP which would increase volume, decrease operating expenses and increase the quality of the effluent. S 1,800,000.00 This is the first phase of a three phase project to construct improvements to the WWTP ans identified in the WWTP Master Plan prepared by CH2MHill in 2003. 10 Bridge Access Road, Pedestrian Pathway This project would construct a pedestrian pathway from the Kenai Spur Highway to Kalifornsky Beach Road along Bridge Access Road. This area is heavily traveled by pedestrians, sight seer's, bicyclists, etc. This project is approximately 2 miles long and would complete the 24 mile Unity Trail that connects Kenai and Soldotna, along both the Spur Highway and Kalifornsky Beach Road. $ 2,000,000.00 I am not aware of any sources of funding That are available for this project, and several regulatory agencies (EPA, USDF &W) have expressed significant opposition to the project. Page 3 of 5 Prepared by: R. Koch CITY Or . ..ENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR STATE & FEDERAL FUNDING REQUESTS FOR FY 2012 :XHIRIT A PRIORITY PROJECT TITLE DESCRIPTION REQUIRED NOTES/COMMENTS NUMBER Mommsen Subdivision, First Street Re- Construction This project would re- construct First Street from California Avenue to Florida Avenue. This roadway exhibits differential movement of the curb & gutter and asphalt. Further the asphalt has and is failing. FUNDING Administration believes thios project would best be funded from a State/Federal appropriation(s) such as priority #3, above. OTHER PROJECTS WHICH WERE CONSIDERED Page 4 of 5 Prepared by: R. Koch Garages (5) for Vintage Pointe Congregate Housing This project would construct a building five garages for rent to residents of Vintage Pointe. Each garage would be 15'x20', heated, with an electrically actuated O/H garage door and a 3'0" personnel door. $ 125,000.00 Demand for garages at Vintage Pointe is questionable. The Council on Aging discussed this issue at several meetings and the Administration met with them and presented the results of a resident poll. Following Administration's meeting with the Council on Aging the Administration met with the residents of Vintage Pointe and it appeared support for paying $200 a month for a garage was even less than the previous poll results. Mommsen Subdivision, First Street Re- Construction This project would re- construct First Street from California Avenue to Florida Avenue. This roadway exhibits differential movement of the curb & gutter and asphalt. Further the asphalt has and is failing. $ 360,000.00 Administration believes thios project would best be funded from a State/Federal appropriation(s) such as priority #3, above. Central Heights Roadways, Street Lighting System ReconstructiorVReplacement & Construction of a Storm water System 1. Replace the existing street lighting system 2. Replace the existing asphalt surfaced roadways and install new base material as needed 3. Install curb & gutter and a piped storm water collection system 4. Construct sidewalks $ 1,360,000.00 The cost estimate for specific components of this project is included ijn the attached information. The most practical project is probably to replace the lighting and asphalt (est. cost $332,000). A storm water system is challenging as the subdivision was not originally designed taking into account surface /piped drainage. Curb & gutter is very expensive and it's installation would mandate the construction of a storm water drainange system. New Fire Engine This new fire engine would replace an existing 26 year old fire engine. Our 1982 fire engine is the oldest equipment presently in use at the Fire Department, and was one of the last years in which "open jump seat" fire engines were allowed by code. The old engine has reached the end of it's useful life and should be reaaced_ $ 500,000.00 Page 4 of 5 Prepared by: R. Koch CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR STATE & FEDERAL FUNDING REQUESTS FOR FY 2012 _XFIIBIT A PRIORITY NUMBER PROJECT TITLE DESCRIPTION REQUIRED FUNDING $ 5,000,000.00 NOTES /COMMENTS This project has been discussed by the parks & Recreation Commission and it is my understanding they wish to continue discussion on the subject. This project is certainly worthy of discussion but significant work needs to be accomplished to determine its feasibility. City of Kenai Indoor Turf Field Facility This project would construct a 100'X200 indoor turf field, possibly as an addition to the existing Kenai Multi- Purpose Facility. The facility would be used by area schools, pre- schools, soccer and other organizations. City of Kenai Campground for TentNehicle Project would construct a tenuvehicle campground located at the Kenai Sports Complex( ?) located at Section 30 $ 250,000.00 Lower Kenai River Drift Boat Pull -Out Project would provide lower river access point for pull -out of drift boats only. Unknown ADNR is accomplishing a "Needs Assessment Study" scheduled to be finished in 2011. It's doubtful any funding would be available for this project in advance of the completion of the study, and that State /federal funding would be appropriated to a State Agency that would be responsible for the construction and operation of the facility. Kenai Spur Highway - Upgrade Five Intersections This project is proposed to provide safety improvements to Beaver Loop, Thompson Park, Strawberry Road, Silver Salmon, and TBD to include turn lanes and lighting. Traffic accidents at these intersections usually involve at least one vehicle traveling at a high rate of speed, and are of significant severity. Conflicting traffic patterns (through traffic vs business /residential traffic) and increased traffic counts have increased the number and severity of accidents between Kenai & Soldotna. Planned commercial developments will significantly increase traffic in the near future $ 3,000,000-00 $ 30,000,000.00 _ This project has ranked high on the 2010 -2013 STIP and funding isproposed in SFY 2011 for conceptual design, and ROW acquisition. This project has not ranked high on the 2010 -2013 STIP, A predecessor project, the improvement of five intersections of this roadway has ranked wet on the STIP and funding for conceptual study & ROW acuisition is proposed to begin in SFY 2011, The full five -lane project will not be considered for funding until the intersection project is through design, or possibly during construction. Kenai Spur Highway - Upgrade to Five Lane configuration Between Soldotna and Kenai New Soccer Fields Irrigation Project would design and install irrigation system for four soccer fields $ - 250,000.00 Page 5 of 5 6 Prepared by: R. Koch fiVt' 'llaye with a Past, Giiy with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t Telephone: 907 - 283 -7535 / FAX: 907-283-3014 ili�ll MEMO: 1992 TO: City Council FROM: Rick Koch DATE: September 30, 2010 SUBJECT: Resolution No. 2010 -57, State & Federal Capital Funding Requests for SFY12 & FFY 13 The purpose of this correspondence is to recommend Council approval of the above referenced resolution. Council met in a work session on September 28, 2010 to review Administration's recommendations and to establish a priority listing for State & Federal capital funding request. The attached list and supporting information reflect the direction of Council. Thank you for your attention in this matter. C cRfr of KENAI. ALASKA "Village with a Past, Gity with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1110,1 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 Kenai River Bluff Erosion /Stabilization 1997 The U.S. Army Corp of Engineers (COE) has determined that a project to halt the ongoing erosion is feasible. To date the COE has accomplished design to an 80% level, and over fifty - percent of the required NEPA documentation has been accomplished. This important project can only be undertaken with the assistance of the State and Federal Governments. The congressional delegation has been able to appropriate approximately $ 1.5 million over the preceding four years to forward the project through project scoping, planning, preliminary design and NEPA documentation, and another $2 million is presently included in a Senate appropriations bill.. The latest project cost estimate accomplished by the U.S. Corp of Engineers for this project is approximately $ 29 million. A commitment to the project was made by the Kenai Peninsula Borough. The Borough Assembly adopted a resolution (attached) to provide Armor Rock, B -Rock, and Filter Rock for the project at no cost. The value of the Kenai Peninsula Borough commitment is approximately $ 4,800,000. The construction of this project will result in substantial investment and the creation of new and expanded businesses located on the bluffs above the mouth of the Kenai River. the city of I ER \\ALASKA "Village with a Past, Ci y with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611-7794 f �� Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 M New Water Transmission Mains (Phase 01) This project will replace approximately 3,200 If of an asbestos cement piped water main, which is presently the sole connection from our water production facilities. The piping is approximately 40 years old and failures have become more frequent. Any failure of this transmission main is catastrophic to supplying water to the distribution grid. This project will also construct approximately 2,500 If of new distribution grid to create a connection with the transmission mains located in Lawton Drive and the Kenai Spur Highway. '992 "Villaae with a Past, Ct with a Fstare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us Paving Improvements to City Streets The City of Kenai owns and maintains over 64 miles of municipal roadways. Over 15 miles of these roadways are constructed only to improved gravel standards. Over the past three years the City has undertaken projects to improve approximately three miles of gravel roadways to a paved standard affecting over 300 properties. These projects include pavement, drainage, safety, and signage improvements. Funding for these projects have been accomplished through local improvement districts (LID'S), where the City, using City /State funding has funded 100% of the up -front costs of the improvements with assessments being levied upon properties in the LID for 50% of the project costs, resulting in shared 50/50 projects. The city desires to continue this program of LID improvements, the benefits include but are not limited to: 1. Improving air quality 2. Improving the quality of storm water run -off 3. Decreasing maintenance costs 4. Improving safety 5. Increasing property values 6. Creation of local employment Based on historical data, and contingent upon the condition of specific existing gravel roadways, $1 million of funding will improve one mile to two miles of roadways to paved standards. -10- the cfy of KENAA�tASKA "Village with a Past, C/ Y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 Construct New City Light/Heavy Equipment Maintenance Shop The City of Kenai's Equipment Maintenance Shop provides services to the Public Works, Streets, Parks & Recreation, Fire, Police, and Senior Center Departments. It maintains over 400 pieces of City equipment. The existing shop is over 30 years old, undersized, and not conducive to an efficient maintenance program. The size of the existing shop does not allow for the storage of equipment which is being worked and waiting for parts, resulting in the equipment being towed outside to make room for other maintenance work. Several pieces of equipment are too large for the existing shop, which is really only several connected large garages, When large equipment requires maintenance the work must be conducted outside. There is not a comprehensive ventilation system, nor is there separation between the welding area and the remainder of the shop, We use an adequate system of individual ventilators, but it is not an effective system. The parts room is a conex which has been connected to the shop. Bathroom /wash facilities are minimal, and the shop does not have a shower, other than in an emergency station. The cost estimate for a new shop is as follows: Sitework $ 100,000 Building Construction 150'x100'= 15,000 s.f. 2,250,000 Fixtures & Equipment 500,000 Design, Administration & Contingency 650.000 Total $ 3,500,000 1997 Tillage with a Past, Gitay with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us Kenai Senior Center Vehicle Storage The City of Kenai owns and operates a Senior Center which provides a wide range of senior services including transportation and meal delivery. At present the Senior Center operates one fifteen - passenger bus, one ADA equipped van, two eight - passenger transportation vans, and two meal transport mini -vans. The amount of time it takes to adequately warm -up the vans during the winter months impacts the time available for senior transportation (especially in the larger vans) and meal delivery. Maintenance and operations costs are also increased by the vehicles being stored outside. This project would provide for the construction of an 8 bay facility to accommodate present and future needs. The cost estimate for the project is as follows: Site Development $ 50,000 Utilities 25,000 Building (25'x100'= 2,500sf @ $100 /s1) 250,000 Engineering & Contingency 75.000 Total $400,000 -12- \ \theei1 °f: KENAI, ALASKA "[ 2'f(aye with a Past, Ci with a Futrare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / Fax: 907 -283 -3014 www.ci.kenai.ak,us City Hall Heating Ventilation & Air Conditioning (HVAC) & Energy Conservation Improvements The central administration building was constructed in 1980, when the cost of energy was a substantially lower percentage of overall building operation costs than it is today. The City had an energy audit of its buildings accomplished in 2007 which identified the City hall Building as having significant energy costs. A cost estimate for the replacement of the HVAC System and Energy Conservation Improvements is as follows: Demolition $ 40,000 Installation of new boilers (2 @ $20,000) 40,000 Installation of new control system 50,000 Installation of new ventilation /air conditioning system 70,000 Installation of new insulated ducting system 20,000 Repair /Re- installation of Roof 40,000 Siding removal, insulation & siding replacement 90,000 Design & Admin 50 000 Total $400,000 -13- "Village with a Past, Ci y with a Futuren 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenal.ak.us State Personal Use Fishery, Capital Improvements The State of Alaska Personal Use Fishery is both a positive and a negative for the City of Kenai. We welcome our Alaskan neighbors to take part in this fishery, however the activity has grown to such a level that the existing resources which the City provides are not adequate to respond to the crowds. There are a number of issues which need to be addressed, these include enforcement, data collection, and State funding for capital projects to assist the City in providing a parking and carnping area for the up to 15,000 individuals which participate in the fishery on a daily basis. Our residential subdivisions near the beach are being over -run with vehicles /campers as they simply do not have alternative places to park. On one day during the last year's season an estimated 15,000 people were participating in the fishery at the mouth of the Kenai River, and 10,000 participants is commonplace. One specific issue is the amount of fish waste that is deposited on tidelands owned by the City. When participants clean fish the fish waste is often thrown into the river /ocean where it ends up being washed up to the tideline. The City attempts to remove the decomposing fish wastes each evening by utilizing a tractor with a rake to transport fish wastes. The City recommends that fish cleaning stations be constructed in three locations, (North Beach, Boat Launch and South Beach) and that disposal of fish waste from the personal use fishery into the Kenai River be prohibited by regulation. Estimated costs for the construction of three fish cleaning stations, is as follows: Water Systems 5100,000 Site Preparation 30,000 Wastewater Disposal Systems 60,000 Cleaning Facilities & Appurtenances 75,000 Design, Administration & Contingency 35,000 Total $300,000 The fish cleaning stations could also be used as data collection, and enforcement stations for ADF &G and AST Brownshirts. -14- "Vt laye with a Past, Ct y with a Ft/tare 210 Fidalgo Avenue, Kenai, Alaska 99 611 -7794 Telephone: 907- 283 -7535 ! Fax: 907 - 283 -3014 www.ci.kenai.ak.us City of Kenai Recreation Center Energy Conservation Upgrades The City of Kenai Recreation Center was constructed in 1982 when the cost of energy was a significantly less costly component of overall building operation. This project will replace the existing heating system, replace lighting systems, replace building control systems, and increase insulation in selected areas of the building. Estimated Costs are as follows: Demolition $ 40,000 Roof Insulation & EPDM 80,000 Replace Boilers (2) 50,000 Replace Control, Systems 75,000 Replace Exterior Windows & Doors 25,000 Replace Lighting Fixtures & Controls 40,000 Replace HVAC System 100,000 Design, Administration & Contingency 90,000 Total $500,000 -15- tke cify of' REM =SKR with a Past, Ci y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1 I``It'! 1992 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 City of Kenai Wastewater Treatment Plant Upgrade & Renovations The City of Kenai's Wastewater Treatment Plant (WWTP) was constructed in 1982. It was sized to accommodate a population of 11,650 people and an average wastewater flow of 1.3 million gallons per day (mgd). The present population of Kenai is approximately 8,000 and average wastewater flow is 090 mgd, or 7070 of the plant design capacity. A Wastewater Facility Master Plan was completed in March 2004 by CH2MHi11. The cost estimate for recommended improvements totaled $ 5,198,000 (in 2004 dollars) and were identified as being accomplished in four phases. Estimated costs have been increased by 32% to account for construction inflation. These four phases were as follows: Phase Description Cost Estimate 1 Activated Sludge System Improvements $ 3,040,000 2 Suction/Jetter (V actor) Truck* -0- 3 Pretreatment Process Improvements 1,450,000 4 Aerobic Digester Solids Handling Systems 1,850.000 TOTAL $ 6,340,000 *Phase 2 shows a $ -0- cost estimate as this equipment was already purchased by the City of Kenai in 2008. This grant application encompasses improvements identified, in part, in Phase 1 of Capital Improvements Summary in the Master Plan, the installation of a second sludge belt press, and a 1,000 s.f. addition to the WWTP Control Building. Below I will discuss each of the Phases identified in the Capital Improvements Summary, the second sludge belt press and how the City proposes to phase the WWTP Upgrades. -16- City of Kenai Wastewater Treatment. Plant Upgrades — Phase I Sludge Belt Press - $ 485,804 The existing sludge belt press is 25 years old, and while not functionally obsolescent, it requires major maintenance /upgrades in the near future to maintain system reliability and compatibility with control systems. The installation of a second sludge belt press will provide system redundancy and allow for the existing sludge belt press to be taken out of .service for an extended period (4 -6 months) while major maintenance upgrades can be accomplished. Activated Sludge System Improvements - $ 880,000 Upgrade Fine Bubble Aeration - $ 380,000 Upgrade Aerobic Digester Blower System - $ 270,000 The blowers currently provide three to four times the necessary oxygen concentration to the aeration basins and there is no way to efficiently control this with the existing equipment. The installation of one small blower with a variable speed motor, the installation of variable speed motors on the existing blowers, the installation of a new control system, and replacing the coarse bubble diffusers with fine bubble diffusers will result in improved treatment and a significant drop in power consumption. 2. Upgrade Waste Activated Sludge (WAS) System - $ 200,000 Upgrade Return Activated Sludge (RAS) System - $ 30,000 The activated sludge treatment process works best when a steady low flow of sludge is returned to the aeration basin (RAS). The pumps currently in use return too much sludge in too short a time to the aeration basin resulting in system failures, increased maintenance and increased energy consumption. The WAS pumps currently in service are a progressive cavity type that requires frequent service. Replacement with a simple centrifugal pump system would lower maintenance costs and improve treatment efficiency by allowing a steady flow of sludge to the aerobic digestion tank rather than large intermittent flows. The upgrades to the RAS & WAS Systems, and the upgrades to the aeration system will significantly improve the performance of the WWTP in terms of decreasing the costs of aeration, improving the settleability of the sludge, and minimizing /eliminating permit non - compliance incidents. WWTP Control Building Expansion ( +1- 1,000 s.f.) - $ 301,950 The addition of a second sludge belt press will require the re- location of the WWTP laboratory. There is not sufficient space anywhere within the existing building 10 accommodate laboratory -17- operations. The construction of a 1,000 s.f. addition to the WWTP Control Building will provide the room necessary for a fully functioning laboratory sufficient to support the operations of the WWTP. FUTURE PHASES OF THE CITY OF KENAI WWTP UPGRADES NOT SUBMITTED UNDER THIS ADEC MUNICIPALMATCHING GRANT APPLLCATION AT THIS TIME City of Kenai Wastewater Treatment Plant Upgrades — Phase II Filament Control System Improvements - $ 2,100,000 The City of Kenai's WWTP periodically encounters problems with a floating sludge blanket. This is caused by the predominance of fi[amentous organisms in the activated sludge. The aeration basins will be modified to a plug flow regime and provide an anoxic zone in the first third of each aeration basin. This wilt improve activated sludge settling by minimizing filamentous organisms in the activated sludge. As a result the City will no longer need to operate both secondary clarifiers. This will reduce energy consumption and provide redundancy in the system. City of Kenai Wastewater Treatment Plant Upgrades — Phase III Pretreatment Process Itnprovements - $ 1,455,000 1. New Pump House - $ 435,000 The existing pump house is undersized and is nearing the end of its useful life. The addition of sophisticated control systems and other improvements requires additional space in order to maintain system integrity and reliability. 2. Influent Manhole Modifications - $ 60,000 Grease accumulates in the existing influent manhole. At times this grease layer will be as much as five -feet thick. Presently the vactor truck is used to remove grease from the influent manhole and transport to the WWTP. This modification would provide a sytem to pump the grease from the influent manhole to the aerobic digester for treatment. 3. Grit Removal Cyclone - $ 120,000 This would provide for grit removal in the pretreatment process. The system currently includes two rotary screens, a by -pass screen, and screenings conveyor. They are not used because they are quickly overloaded by the material entering the plan during peak flows. This improvement would allow provide for washing, and compacting the collected screenings as is required. -18- 4. Bar Screens /Grinder Station - $ 840,000 There are several areas in the wastewater collection system in which pretreatment of wastewater through screening and grinding would be beneficial. Wildwood Prison and future services comprised of fish processing plants. This will require further engineering review prior to a specific scope of work being identified. City of Kenai Wastewater Treatment Plant Upgrades — Phase N Aerobic Digester Solids Handling - $ 1,840,000 These improvements include, mechanical improvements for the aerobic digester, an upgraded solids handling system, and re- coating the aerobic digester. Obtaining a sufficiently high concentration of solids is difficult. A higher concentration of solids will mean lower influent flow and longer residence time within the digestion tank. Twelve to eighteen days residence is typically required for adequate digestion of sludge when there is no primary settling in the WWTP process. Presently there is only eight days digester residence time. To increase the solids concentration entering the sludge digestion tank, a gravity belt thickener will be installed. This will increase the capacity of the existing aerobic digestion tank to meet the projected waste loads for at least the next twenty years, and minimize /eliminate permit non- compliance incidents. Re- coating of the 423,000 gallon aerobic digestion tank may move up to a higher priority based on inspections that will be accomplished this year. The purpose of the tank is to hold waste sludge, and through aeration inactivate any harmful microorganisms. The City of Kenai's WWTP does not have a redundant component for this process. Since the tank's construction in 1982 it has not been re- coated. If this aerobic digester tack were out of service for any extended period, the w w' P process would he severely impacted. -19- IIC Ll 0f KE AL ALASKA f, Village with a Past, Ct y with a Future /I 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 Bridge Access Road Pedestrian Pathway 1992 The Kenai - Soldotna Unity Trail is designed to make an approximate 20 mile loop from Kenai to Soldotna on the Kenai Spur Highway. Then through Soldotna along the Sterling Highway to Kalifomsky Beach Road, then along Kalifornsky Beach Road to Bridge Access Road, then along Bridge Access Road to its intersection with Kenai Spur Highway, the beginning of the trail The trail is fully constructed with the exception of the approximately 3 mile long section along Bridge Access Road, The cost estimate to construct the pedestrian pathway is as follows: Paved Pedestrian Pathway (8' wide) 16,000 1.f, $1,600,000 Design, Administration & Contingency 400.000 Total $2,000,000 -20- c clfy of KENAI, ALASKA December 15, 2008 "V'llae with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99811 -7794 Telephone: 907 -283 -75351 FAX: 907 - 283 -3014 Mr. James King, Director Alaska Division of Parks & Outdoor Recreation 550 W. 7's Ave. Suite 1380 Anchorage, AK 99501 -3561 Subject: Kenai River Special Management Area (KR A) Boundary Dear Mr. King: Last summer signage was placed on the banks of the Kenai River identifying the section line common to sections 16 & 17, Township 5 North, Range 11 West, Seward Meridian, Alaska, as the down -river boundary of KRSMA. The City of Kenai contracted with Wince- Corthell- Bryson to research all relevant information, including the enabling legislation, to determine if the State Division of Parks signage was accurate, and if not, what was the Kenai River down -river boundary for KRSMA. I have attached the information used by the consultant in their research and a title search we had accomplished to verify ownership of the Lower Kenai River tidelands and submerged lands. The consultant's preliminary finding has determined the City of Kenai owns the tidelands and submerged lands within Alaska Tideland Survey 272. The State of Alaska Department of Natural Resources owns property adjacent to the Kenai River tidelands and submerged lands contained in ATS 272. The State does not own the tidelands or submerged lands within ATS 272 and the City of Kenai has not granted management authority over this property to the State, The consultant suggests the down -river KRSMA boundary to be the section line common to Sections 10 & 15, Township 5 North, Range 11 West, Seward Meridian, Alaska, the limits of ATS 272, and roughly 2.75 miles up -river from the Warren Ames Bridge. Enclosed is a copy of the information prepared by our consultant and a litigation guarantee identifying ownership of ATS 272. Mr. James King, Director Alaska Division of Parks & Outdoor Recreation 550 W. 7`s Ave., Suite 1380 Anchorage, AK 99501 -3561 Are you in agreement the down -river boundary of KRSMA is the section line common to Sections 10 & 15, Township 5 North, Range 11 West Seward Meridian? If so, the City would be interested in meeting with the Division of Parks to discuss the management authority over City lands as provided for in the KRSMA enabling legislation. vailable to meet with you regarding this matter at your convenience. Sincerely, CITY OF KENAI Rick R. Koch City Manager enclosures -22- thccityof KENAIALASKA March 9, 2009 e with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 Mr. James King, Director Alaska Division of Parks and Outdoor Recreation 550 W. 7'h, Suite 1380 Anchorage, AK 99501 -3561 Subject: Kenai River Special Management Area (KRSMA) Boundary Dear Mr, King: Thank you for your letter of February 12, 2009. In that letter you state, "Rules of statutory constiuction indicate that the legislature intended state management of navigable and public waters within the KRSMA to extend the current statutory boundary." Beyond that conciusory statement, there is no supporting information for the proposition that KSRMA rules apply to the portion of the city owned tidelands and submerged lands. 1992 It is undisputed that: 1) the City of Kenai owns the tidelands and submerged lands shown in ATS 272; 2) AS 41.21.506(d) provides that KRSMA regulations do "not apply to land not owned by the state that is located within the boundaries of a municipality unless the regulation has been approved by the municipality; and 3) the City of Kenai has not approved the KSRMA regulations within its boundary. Given the above, could you please provide supporting information for the conclusion that the rules of statutory construction indicate the legislature intended for the KRSMA rules to apply that the City owned tidelands and submerged lands? Thank you in advance for your assistance with this issue. Sincerely,' CITY OF flNAI Rick Koch City Manager SUL OF JOU DEPARTMENT OF NATURAL RESOURCE DIVISION OF PARKS AND OUTDOOR RECREATION February 12. 2009 Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611-7794 ARAHPALIN, Governor 7th AVENUE, SUITE 1380 ANCHORAGE, ALASKA 99501.3561 PHONE: (907) 269.8700 FAX: (907) 269 -8907 Re: Kenai River Special Management Area (KRSMA) Boundary Dear Mr. Koch: Thank you for the thorough land status research document that you sent to us in mid December, outlining the City of Kenai's legal claim to the lower Kenai River tidelands and submerged lands within Alaska Tideland Survey 272. Please note that we do not dispute that the City of Kenai owns these lands, which are surrounded in large part by uplands that are designated as the Kenai River Special Management Area and assigned to the Division of Parks and Outdoor Recreation to manage. Additionally the waters of the Kenai River upstream of the common section line between Sections 16 and 17; Township 5 North, Range 11 West, Seward Meridian, Alaska are also legislatively designated KRSMA waters as established in AS 41.21.502. I do not agree with your suggestion that the down -river KRSMA boundary should be the section line common to Sections 10 & 15, Township 5 North, Range 11 West, Seward Meridian, Alaska, a line that is nearly 4 miles above our legislatively designated boundary. I do not view the City of Kenai's ownership of the tidelands and submerged lands within ATS 272 as being in conflict with state management of the KRSMA. When the KRSMA was established in 1984, the City's ownership of the tide and submerged lands was a matter of record. The flowing waters of the Kenai River within the boundaries of ATS 272 nevertheless remained navigable and public water of the state under AS 38.05.126. Rules of statutory construction indicate that the legislature intended state management of navigable and public waters within the KRSMA to extend to the current statutory boundary. Please be assured, however, that I acknowledge that DPOR would need to obtain the permission of the City of Kenai if we desired to construct a boat launch or other facility that required use of the submerged lands or tidelands in question. No such projects are being considered at this time. -24- Co Pri mud on Recycled Paper Even though I do not agree with your suggestion to move the KRSMA boundary further upstream than has been legislatively designated, I believe that it is in the best interests of the Kenai River, its resources, and its users for all land management entities to work together. To that end, I would like to schedule a time to talk to you and others about formalizing a Memorandum of Understanding that includes not only the City of Kenai, but also the City of Soldotna and the Kenai Peninsula Borough. We currently have an MOU between the State of Alaska (DNR, DEC and ADFG), US Fish and Wildlife Service and the US Forest Service. It seems more than appropriate to add the local government entities to this agreement. Please let me know if you are interested in considering this option. I look forward to working with you on issues of importance to each of our agencies. Sincerely, ames King Director zott Cc: Jack Sinclair, Kenai/PWS Area Park Superintendent -25- the cfly of KENAI, ALASKA September 22, 2009 The Honorable Sean Parnell P.O. Box 110015 Juneau, AK 99811 -0001 "Viflaye with a Past Ci with a Frstare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 Subject: Kenai River Special Management Area ( KRSMA) Boundary Dear Governor Parnell: The purpose of this correspondence is to provide information., not to request any action by the Governor's office, at this time. 1992 During the summer of 2008, the State Division of Parks placed signs along the bank of the Kenai River downriver from the Warren Ames Memorial Bridge (approx. 3i4 mile) which identified the boundary of KRSMA. The City was immediately contacted by members of the public expressing confusion as to the location of the KRSMA boundary. I discussed this matter with our City Council and they too expressed confusion as to the location of the boundary as they all believed the downriver boundary to be the Warren Ames Bridge. The Council directed me to research the matter and I hired a consultant to do so. The Consultant provided documentation showing the City of Kenai owns the lower Kenai River tidelands and submerged lands from the mouth of the river to a point approximately 6 -3/4 miles upriver, or over 2 miles upriver from the Warren Ames Bridge. The consultant also provided statutory language that provided the State authority to manage KRSMA on State lands or other lands in which an MOA or similar agreement ceded management authority to the State. The City of Kenai has not entered into an agreement with the State providing that authority. I have been discussing this matter with Jim King, the Director of the Division of Parks and Outdoor Recreation, and while it does not appear we are making progress on resolving this dispute, we both are committed to continuing discussions, -26- The City of Kenai seeks the following resolution: 1. Recognition from the State it does not have management authority of the submerged lands and tidelands of the Kenai River belonging to the City. 2. The City will enter into an MOA granting management authority to the State on City property upriver from the Warren Ames Bridge. Thank you, and if you or your staff, have any questions, please contact me at your earliest convenience. Sincerely, CITY OF KENAI Rick Koch City Manager -27- Sec. 41.21.502. Kenai River Special Management Area. (a) The surface estate in the land and water presently owned by the state and all land and water acquired by the state in the future, including shore, tide, and submerged land, lying within the parcels described in this section is designated as the Kenai River Special Management. Area: (1) the Kenai River at the common section line of Sections 16 and 17, Township 5 North, Range 11 West, Seward Meridian, upstream to and including the waters of the Kenai and Skilak Lakes; (2) the Moose River from its confluence with the Kenai River upstream to the Sterling Highway Bridge; (3) the Funny River fro Road Bridge; s confluence with the Kenai River upstream to the Funny River (4) the state land in the Kenai Recording District that is located within the (A) Kenai Keys Township 5 North, Range 8 West, Seward Meridian Section 26: General Land Office Lot 9 Section 36: According to the Stephenkie Alaska Subdivision, Alaska State Land Survey No. 73 -146: Lots 2, 3, 5 - 8 and 12 - 33 of Block 2 Tract B A small un- meandered island located within the SE1 /4SE1/4 of Section 36 General Land Office Lots 2, 3 SW1 /4NE1 /4 NE1 /4NW1/4 Excluding the Kenai Keys Road Right -of -Way and Stephenkie Alaska Subdivision, Alaska State Land Survey No. 73 -146 ng parcels: -28- (B) Bing's Landing Township 5 North, Range 8 West, Seward Meridian Section 16: Portion of W1/2W1/2 lying south of the Sterling Highway Section 20: Lot 1 Section 21: Lot 3 (C) Izaak. Walton Township 5 North, Range 8 West, Seward Meridian Section 7: Parcel #1: Starting at the Southwest corner of Lot 6, Section 7, T5N, R8W, go South 0 08' East a distance of 888.1 feet to the center of road to corner no. 1, which is the true point of beginning; then North 73 5' West along the center of the road a distance of 727 feet to corner no. 2; then in a southwesterly direction a distance of 515.6 feet plus or minus, along the line of mean high water of Moose River to point no. 3; then a distance of 108 feet plus or minus, to point no. 4 along the line of mean high water of Moose River to Kenai River; then a distance of 75.3 feet plus or minus, to point no. 5 along that river; then upstream a distance of 808.6 feet plus or minus, at mean high water along Kenai River to point no. 6; then North 0 8' West 150 feet to point no. 7; then south 89 57' East a distance of 208 feet to point no. 8; then North 0 08' West 213.9 feet to point no. 1, which is the true point of beginning. Parcel #2: Starting at the Southwest corner of Lot 6, Section 7, T5N, R8W, go South 0 08' East a distance of 1102.0 feet to corner no. 1, which is the true point of beginning; then North 89 57' West 208.0 feet to corner no. 2; then South 0 08' East 150 feet plus or minus to corner no. 3, which is a point at mean high water of the Kenai River, then Southeasterly a distance of 238 feet plus or minus, along the line of high water of that river to corner no. 4, which is a point 268 feet plus or minus, South 0 08' East of corner no. 1, then North 0 08' West 268 feet plus or minus to corner no. 1, which is the true point of beginning, containing one acre plus or minus. (D) Nilnunqa Township 5 North, Range 8 West, Seward Meridian Section 7: Lot 10 (E) Funny River Township 5 North, Range 9 West, Seward. Meridian Section 28: SE1 /4SE1 /4 -29- Tract 6, Heistand Subdivision, Addition No, 2 Section 33: Lots 1, 3 SE1 /4NW1/4 portion of NE1 /4 lying west of the Funny River Road (F) Morgan's Landing Township 5 North, Range 9 West, Seward Meridian Section 21: SW1 /4SE1 /4 Section 28: Lots 2, 3, 7 - 9, 14, 15 NE1 /4NW1/4 NW1/4SW1/4 Section 33: Lot 2 (G) Kenai River Islands Township 5 North, Range 8 West, Seward Meridian Section 27: Lots 10, 17 Township 5 North, Range 10 West, Seward Meridian Section 6: Lots 9 - 10 Section 7: Lots 2 - 4, 8, 11, 16 Section 18: Lots 2, 3, 14 Section 19: Lots 3, 17 Section 30: Lots 2, 8 Section 31: Lots 7, 10 Section 32: Lot 7 -30- Section 33: Lots 5, 8 Section 34: Lot 10 Township 5 North, Range 11 West, Seward Meridian Section 36: Lot 2 within NE1 /4 (H) Slikok Creek Township 5 North, Range 11 West, Seward Meridian Section 36: Tract "A ", Slikok Creek Alaska Subdivision (I) Big Eddy Township 5 North, Range 11. West, Seward Meridian Section 24: Lots 14, 15 NW1 /4NE1 /4SE1 /4 (3) Ciechanski Township 5 North, Range 11 West, Seward Meridian Section 24: Lot 1 (K) Kenai River Flats Township 5 North, Range 11 West, Seward Meridian Section 15: Lot 8 NW1 /4SE1 /4 N1 /2SW1 /4 N1 /2S1 /2SW1 /4 (L) Other Lower River Land Township 5 North, Range 9 West, Seward Meridian Section 22: Lots 4, 9, 10, NE1 /4SW1 /4 -31- Township 5 North, Range 10 West, Seward Meridian Section 6: Lot 8 Section 7: Lots 5 - 7, 15 Section 18: Lots 1, 2, 4 - 6, Tract A, Larry's Fishing Hole Subdivision, Plat No. 90- 42 Government Lots 4 - 7, 10 - 13 NE 1/4S W 1 /4 E1 /2NW1 /4 Section 19: Tracts A and B, Timberland Terrace Phase 1 Subdivision, Plat 97 -26 Lot 4, Kobylarz Subdivision, according to the official plat filed under Plat No. 92 -24, Kenai Recording Office Beginning at the section corner common to Sections 19, 20 29 and 30, Township 5 North, Range 10 West, Seward Meridian, traverse west along the section line common to Sections 19 and 30 a distance of 1320 feet, thence north along the 1/16 section line a distance of 1.420 feet to Corner No. 1 and the point of beginning, thence west 100 feet to Corner No. 2, thence north to the thalweg of the Kenai River and Corner No. 3, thence east along the thalweg of the Kenai River to the point of intersection with 1/16 section line and Corner No. 4, thence south along the 1/16 section line to Corner No. 1, and the point of beginning, located in the Kenai Recording District, as may be modified by a record of survey accepted by the state Lot 16 Section 30: Tracts A, J, and K, Channel Shores Subdivision, Plat No. 85 -102 Section 31: Lots 2, 3, and 11, excluding the following subdivisions, as shown in record of survey no. 96 -7: Halcyon Subdivision, Lot 1, Block 1, plat of survey no. K -1706; Halcyon Subdivision Lot 5, Block 1, plat of survey no. 73 -9; Halcyon Subdivision plat of survey no. 76 -75; Halcyon Subdivision Addition No. 4, plat of survey no. 77 -47; Halcyon Subdivision Addition No. 5, plat of survey no. 77 -82; Halcyon Subdivision No. 3, plat of survey no. 78 -25; Halcyon Subdivision Amended Plat Lot 1 -B, Block 1, plat of survey no. 78 -96; Halcyon Subdivision Addition No. 7, plat of survey no. 79 -155; Halcyon Subdivision Addition No. 8, plat of survey no. 83 -174; Halcyon Subdivision Addition No. 9, plat of survey no. 84 -47; Halcyon Subdivision No. 10, plat of survey no. 84 -244; Halcyon Subdivision No. 9, plat of survey no. 86- 98RS; Halcyon Subdivision No. 9, plat of survey no. 86 -99RS; Halcyon Subdivision No. 11, plat of survey no. 92 -41; Halcyon Subdivision No. 8 Amended, plat of survey no. 92 -72; and Halcyon Subdivision No. 12, plat of survey no. 93 -8; and excluding that portion of Government -32- Lot 3 east of Daisy Drive conveyed by warranty deed recorded March 10, 1989, . in book 343, page 15, Kenai Recording Office. Section 32: Lot 1 -B -1, ASLS No. 97 -25, a subdivision of Lot 1 -B, Fisherman's Square Subdivision, Addition No. 1, within the W1 /2SW1 /4; Section 33: Lot 6 -B, Mullen Homestead River Addition Phase I, Plat No. 97 -89; Section 34: Lot 7, NE1 /4SE1/4 Township 5 North, Range 11 West, Seward Meridian Section 1: Lots 9 and 10 Section 11: Tract A -1A, Cone Tracts; Lot 3, excluding that portion north of the south right -of -way boundary of the Beaver Loop Road and all land west of and including the Cone Tracts A -IA and A -1B Subdivision and SEI /4NW1/4, and the N1/2NW1 /4, excluding that portion of the south right -of -way boundary of the Beaver Loop Road and all land west of and including the Cone Tracts A -1A and A -1B Subdivision Section 12: Lots I - 3, 7 - 10, 13 N1 /2SE1/4 SE1/4NE1/4 NE1 /4SW1 /4 N1 /2SW1 /4SE1 /4 Section 13: Lot 1 SW1 /4NW1 /4 Section 14: Lots 2, 7 Section 16: Lots 1 - 10 SE1 /4 NW1 /4NW1 /4 S E1 /4S W 1./4 Section 24: That portion of Lot 11 within LSH 148 -33- Section 25: Lot 3 Section 36: That strip of land between the line of ordinary high water of the Kenai River and EPF 21 -11, Block 1.. (b) Subject to valid existing rights, the land and water described in (a) of this section is designated as a special purpose area under art. VIII, Sec. 7, of the Alaska Constitution. (c) The mineral estate in the state -owned land and water described in (a) of this section is open to oil and gas leasing under AS 38.05.180. The mineral estate in the state- owned land and water described in (a) of this section is closed to mineral entry under AS 38.05.181 - 38.05.275. Sec, 41.21.504. Designation of management responsibilities. (a) The land and water described in AS 41.21.502 (a) is assigned to the department for control, maintenance, and development consistent with the purposes of AS 41.21.500 - 41.21.514. (b) [See delayed amendment note]. Nothing in AS 41.21.500 - 41.21.514 affects the applicability of (1) AS 41,99.010 and AS 16 regarding the responsibilities of the Department of Fish and Game or the Board of Fisheries or the Board of Game; (2) AS 46.03 regarding the responsibilities of the Department of Environmental Conservation; or (3) AS 46.39.01(1and AS 46.40.100 regarding the responsibilities of state agencies and municipalities. Sec. 41.21.506. Comprehensive management plan; regulations. (a) The commissioner shall develop and adopt a comprehensive management plan for the Kenai River Special Management Area in consultation with the Kenai Peninsula Borough. The plan may include the land adjacent to the rivers described in AS 41.21.502 (a)(1) - (3) whether the land is owned by the state or privately owned and may include other land considered appropriate by the commissioner and the Kenai Peninsula Borough. The commissioner shall periodically review the plan and adopt changes to the plan in consultation with the Kenai Peninsula Borough. (b) The commissioner shall adopt regulations under AS 44.62 (Administrative Procedure Act) that are necessary to achieve the purposes of AS 41 21.500 - 41.21.514 and to implement the plan adopted under (a) of this section. The regulations must (1) designate incompatible uses and prohibit or restrict the and -34- (2) establish a registration, licensing, or comparable procedure for professional fishing guides and such additional fishing guide controls as the commissioner considers necessary; notwithstanding the requirements established by the commissioner to implement this paragraph, the commissioner shall establish a procedure by which the holder of a valid sport fishing operator license issued under AS 16.40.260 may petition for, and the director of the division of parks, or the director's designee, shall expeditiously issue, a waiver to allow the sport fishing operator license holder to use the services in the Kenai River Special Management Area of a guide licensed under AS 16.40.270 who has not completed the procedures and additional . controls that are required by the department under this paragraph; the waiver authorized in this paragraph applies only for the duration of the sport fishing season during which the waiver application is submitted and only if the sport fishing operator license holder (A) employing the licensed guide has lost the services of a licensed guide because of unforeseen circumstances; and (B) is unable to hire as a replacement an available licensed guide who has satisfied all the requirements of this paragraph, including those required by regulation. (c) Until regulations adopted under AS 41.21.500 - 41.21.514 take effect, existing state regulations otherwise applicable to the Kenai River Special Management Area remain in effect. (d) A regulation adopted under this section applies to land owned by the state but does not apply to land not owned by the state that is located within the boundaries of a municipality unless the regulation has been approved by the municipality. (e) The provisions of AS 41.21..025 (b) and (c) do not apply to the land and water described in AS 41.21.502 (a). Sec. 41.21.508. Acquisition of additional land; adjustment of boundaries. (a) The commissioner may acquire title to or an interest in land or improvements on land that is adjacent to or within the boundaries of the Kenai River Special Management Area in the name of the state in order to achieve the purposes of AS 41.21,500 - 41.21.514, by lease, purchase, exchange under AS 38.50, bequest, gift, or other lawful means but not by eminent domain. (b) The commissioner may adjust the boundaries of the Kenai River Special Management Area under AS 38.05.295 - 38.05.300 by adding state-owned land and water to the Kenai River Special Management Area to achieve the purposes of AS 41.21.500 - 41.21.514. Sec. 41.21.510. Advisory conunittee. (a) In developing and implementing the management plan required by AS 41.21.506 (a), the commissioner shall appoint an advisory hoard. The commissioner and the advisory board shall jointly hold public meetings during development of the management plan in the areas affected. -35- The commissioner shall consult with and solicit recommendations from the advisory board and from federal and state agencies, interest groups, and other interested members of the public. (b) The advisory board appointed under this section shall be representative of user groups, resident property owners, municipalities adjacent to the Kenai River and other interest groups. Unless appointed as a representative of a user group, resident property owners, a municipality adjacent to the Kenai River, or another interest group, an employee, elected official, or other representative of a federal or state government may be appointed to the advisory board only as an ex officio member serving without a vote. A majority of the voting members of the advisory group shall he residents of the Kenai Peninsula Borough. Sec. 41.21.512. Cooperative management agreements. The commissioner may enter into cooperative management agreements with a federal agency, a municipality, another state agency, or a private landowner to achieve the purposes of AS 41.21.500 - 41.21.514. Sec. 41.21.514. Civil enforcement. In addition to any other remedy provided by law, the attomey general may seek an injunction and damages at the request of the commissioner for a violation of a regulation adopted under AS, 41.21.500 - 41.21.514 or a regulation that is applicable to the Kenai River Special Management Area established under AS 41.21.502 . -36- KENO ASKA PUBLIC NOTICE Notice is hereby given, the Kenai City Council will meet in a work session on Tuesday, December 21, 2010 at 6:00 p.m. with area Legislators to discuss the upcoming Legislative Session and the City of Kenai's capital project priorities. The work session will be held in the Kenai City Council Chambers located at 210 Fidalgo Avenue, Kenai, Alaska and is open to the public. Contact the Kenai City Clerk's office at 283 -7535, extension 231 with questions. Carol L. Freas, City Clerk D/211