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JULY 3, 2007
REGULAR COUNCIL MEETING
AGENDA
F,DD TO: Item E-9, Resolution No. 200?-48 - Restricted Use Appraisal Report, Tract
B, Central View Subdivision, 000 Lawton Drive, Kenai, AK.
CONSENT AGENDA
No Changes.
Notes•
AGENDA
KENAI CITY COUNCIL - REGULAR MEETINCr
JULY 3, 2007
7:00 P.M.
KENAY CITY COUNCIL CHAMBERS
http: / /www.ci.kenai.ak.us
ETEM .4: CALL TO ORDER
i. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. ConsentAgenda
*All items listed with an asterisk (*) aze considered to be routine and non-
controversial by the councii and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCIiEDULED PUBLIC COMMENTS (10 minutes)
l. Sgt. Gus Sandahi, I~enai Police Departmeat -- Youth Services Officer
Award ......................................................
ITEM C: UNSCIiEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM E: PUBLYC HEARINGS (Testimony limited to 3 minutes per speaker.)
1. Ordinance No. 2239-200'7 -- Increasing Estimated Revenues and
Appropriations in the Water and Sewer Fund and the Wildwood Water Main
Capital Project Fund to Provide Adequate Funding for the Project. ..........
(Clerk's Note: Ordinance No. 2239-200~ was introduced at the June 6, 200~
meeting. A motion to adopt is on the table fram the June 20, 2007 meeting
when it was subsequently postponed to July 3, 2007. The motion to enact is
actiUe.)
2. Resolution Pio. 2009-41 -- Awarding Janitorial Contracts for the Kenai
Community Library building to Precious Janitorial Services for the Period July
l, 2007 Through June 30, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Resolution No. 2007-42 -- Authorizing the City of Kenai to Issue General
Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to
Finance the Cost of Planning, Designing, Acquiring Property for, and
Constructing Kenai River Bluff Erosion Control Capital Improvements and to
Submit the Question of the Issuance of Such Bonds to the Qualified Voters of
the City at the October 2, 2007 City of Kenai General Election ............
1
3
4
4. Resolution No. 2007-43 -- Authorizing the City of Kenai to Issue General
Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to
Finance the Cost of Planning, Designing, Acquiring Property for, and
Constructing Library Capital Improvements, and to Submit the question of the
Issuance of Such Bonds to the Qualified Voters of the City of Kenai at the
October 2, 2007 City of Kenai General Election . . . . . . . . . . . . . . . . . . . . . . . . . 6
5. Resolution No. 2007-44 - Granting a Partial Exception to the Subdivision
Regulations Contained in KMC 14.10 for Eagle Bluff Subdivision as Allowed
Under KMC 14.10.090 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6. Resolution No. 2009-45 -- Approving a Contract to Northstar Paving 8v
Construction for the Project Entitled Wildwood Water Main - June 2007 for the
Total Basic Bid Amount of $359,873.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7. Resolution No. 2007-46 -- Designating Department Assistant II Corene Hall
as Deputy City Clerk ............................................. 18
8. Resolution No. 200'7-47 -- Transferring $6,500 in the General Fund Land
Department to Ptzrchase Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9. Resolution No. 2007-48 -- Authorizing the Purchase of 5.44 Acres of Property
Described as: TSN R11W Section 4 Seward Meridian KN 0880053--Central
View Subdivision Tract B, Third Recording District, Kenai, Alaska for $7,500
for Wetlands Mitigation and to be Retained by the City and Reserved for Park
Purposes ..................................................... 20
10. Resolution No. 200'7-49 -- Transferring $140,000 in the Runway
Improvement Capital Project Fund to Cover Anticipated Change Orders ...... 31
11. Resolution No. 2007-50 -- Transferring $18,340.2~}'-'tn-the 99 Street
Improvements Capital Project Fund to Close Out a Grant . . . . . . . . . . . . . . . . . 32
ITEM F: MINUTES
_ ITEIVI G: iTNFI1VISHED BU3INESS _ _ _ . _
ITEM H: NEW BUSINESS
1. Bills to be Ratified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
2. Approval of Purchase Orders Exceeding $15,000 . . . . . . . . . . . . . . . . . . . . . . . 34
3. *Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport
Commission More Authority Over Leasing Decisions Within the Airpart
Reserve ....................................................... 35
4. *Ordinance No. 2241-2007 -- Amending KMC 21.20.010 to Authorize the
Airport Commission to Make Recommendations to the City Manager on the
AirportBudget ................................................. 39 `
5. Discussion -- Schedule Work Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ITEM I: COMMISSYON/COMMITTEE REPORTS
1. Councilon Aging ...............................................
2. AirportCommission .............................................
3. HarborCommission .............................................
4. Library Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Parks 8s Recreation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Planning & Zoning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Miscellaneous Commissions and Committees
a. Beautification Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b. Alaska Municipal League Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c. Joint Kenai River Working Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d. Mini-Grant Steering Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ITEM J: REPORT OF THE MAY012
%TEM K: ADMINISTRATIOIad REPORTS
l. City Manager ..................................................
2. City Attorney .................................................
3. City Clerk .....................................................
ITEM L:
L Citizens (five minutes)
2. Council
ETEM M: PENDING LEGISLATION (Items Iisted below are legislation which
wtill be addressed a2 a later date as noted and are not action items
for this meeting.)
Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of
the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels
and Boats Powered by Four-Cyc1e or Direct Injection Two-Cycle Engines.
(1/17/07, Tabled, no time certain.)
Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by
Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mu~ed
Use Zone, Including Parcels Currently Zoned General Commercial, Central
Commercial, Light Industrial and Suburban Residential and is Generally
Located North and South of the Kenai Spur Highway and Includes Properties
Between Bridge Access Road and Upland Street and Properties Along Main
Street Loop, North Willow Street and Airport Way. (4/4/2007, Tabled, no time
certain.)
41
44
49
53
55
Reconsideration of Ordiisance No. 2230-2007 -- Ordinance No. 2230-2007
-- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different
Requirements for Deterxnining the Length of a Lease Extension and Extending
the Maximum Term of Lease Including Any Extension From 35 to 55 Years.
(6/6/0~, Tabled to July 18, 2007.)
Ordinance No. 2238-2007 -- Amending Title 11 of the Kenai Municipal Code
by Eliminating the City of Kenai Harbor Commission, Reassigning its Duties to
other Entities Within the City of Kenai and Updating Regulation of the Harbor
Area. (6/20/07, Postponed to July 18, 2007.)
Ordiaance No. 2239-2007 -- Amending KMC 23.50.010(b) by Creating the
Job Class/Title of "Adrninistrative Assistant IV" (Class Code 217) and Placing it
at Range 14. (6j20/07, Postponed, No Time Certain).
-- Annual Evaluations of City Manager and City Clerk.
ITEM N: ADJOURNMENT
INFOI~M_4lTgE]N ITF~$
JUNE 6, 2007
Page
No.
l. 7/03/2007 Purchase Orders Between $2,500 and $15,000 for council review. . 58
2. 6/22/07 Public Works Department, Project S'tatus Report . . . . . . . . . . . . . . . . . 59
3. Public Library Association President's Program and Awards Presentation
noting the EBSCO Excellence in Small and/or Rural Public Library Seruice
Award to Kenai Community Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
4. 6/18/07 City of Soldotna letter of congratulations to Mary Jo Joiner, Director,
and staff, Kenai Community Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
5. 6/ 10/07 Alaska State Auxiliary Fraternal Order of Eagles thank you letter. ... 64
6. 6/ 16/07 Gearge L. Ford letter to Chief Mike Tilly and Kenai Fire Department
for quick response and excellent care in dnring his family's recent emergency. . 65
7. Responses/statements related to City of Kenai Resolution No. 200'7-38,
Supporting the Development of a Copper, Gold and Molybdenum Mine at the
Pebble Porphyry Prospect Northwest of Lake Iliamna, Alaska . . . . . . . . . . . . . . 66
8. 6/5/07 M. Lopez, NORSTAR Pipeline Company letter related to the possible
development of the Cosmopolitan prospect and courtesy notice related to
conducting of various surveys, studies, and testing within e~sting rights of
way along the Sterling Highway, Kalifornsky Beach Road, Bridge Access road
and a combination of secfion line and private easements paralleling the Kenai
Spur Highway and noting city properties near the proposed pipeline project .. 72
Suggested by: Administration
CYTY OF lCEATAY
ORDINANCE NO. 2233-2m07
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAF, AL,fiSKA INCREASING
ESfiIMATED REVENt7ES AND APPROPRIATIONS IN THE WILDWOOD WATER MAIN
CAPIT.AL PROJECT FUND TO PROVIDE ADEQLTATE FUNDING FOR THE PROJECT.
WHEREAS, the City of Kenai received a grant of $480,000 from the State of Alaska to
builfl a water maitl to ihe Wildwaad Correctional Facility; and,
~TrHEREAS, the b ant included $40,Od0 to re'smburse the City for contract
admznistration; and,
WHEREAS, the bids for the project came in higher than expected such that the project
is short about ~w90,OQ0 including $43,000 for contingency; and,
VvHEREAS, it is in the best interest of the City of Kenai to burld this water main; and,
WHEREAS, the City administration recommends that fne $40,000 eontract
administration reimbursement be applied to constructian costs; and,
WHEREAS, in FY20Q7 tke City received grant ~#07-DG231 for $322,000 from the
State of Alaska for water, sewer, and street projects which was recorded in the FY06
Street(Sewer Capital Project Fund; and,
WHEREAS, the remaining $50,000 needed to award the coutract is available from the
FY2007 State Capital Grant ~07-DG23L
NQW, THEREFORE, BE IT ORDAIAtED BY THE COC7NCIL OF THE CITY OF KENAI,
ALASKA that:
Seciion 1: Estimated revenues and appropriatians be increased(decreased as foliows:
FY06 Street/Sewer Capital Proiect Fund
Decrease Estimated Revenues:
Appropriations of Funfl Balance $50,000
Decrease Appropriafions:
Construction $SU,000
Wildwood Water N1ain Capital Project l+lind
Increase Estimated Revenues:
State Grant #07-DC-321 $SO,OOG
Increase Approprsations:
Constructian $SQ,000
Ordinance Na. 2239-2007
Page Two
Section 2: Tne follouring budget transfers be made:
Wildwood Water Main Capital Proiect Fund
Fram: Administration
To: Construction
~40,d00
$40,000
PASSED BY THE COUNCIL OF THE CITY dF KENAI, ALASKA, this 20th day of June,
2007.
PAT P{J12TER, MAYOR
ATTEST:
Caral L. Freas, City C1erk
Introduced: Jnne 6, 2007
Adopted: June 20, 2007
Effective: June 20, 2007
Approved by Finance:
2
Suggested by: Administration
CITY OF I~ENAI
r.~sor.v~racsN xo. aooz-~.x
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASItA,
AWARDING JANITORIAL CONTRACTS FOR THE KENAI COMMUNITY LIBRARY
BUILDING TO PRECIOUS JANITORIAL SERVICES FOR THE PERIOD JULY 1,
2007 THROUGH JUNE 30, 2008.
WHEREAS, two bids were received oiz June 18, 2007 for the contract year July 1,
2007 through June 3Q, 2008 (and may be ea-tended for two successive one-year
Cerms by mutual consent of the City and the Contractor); anfl,
WHEREAS, the amounts were bid as follows:
WHEREAS, the Council of the City of Kanai has determined that award to this
bidder will be in the best interest of the City.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY dF
KENAI, ALASKA, that janitorial contract be awarded to Precious Janitarial
Services for the Kenai Community Library Building, for the period Ju1y l, 2007
through June 30, 2008.
PASSED BY THE COUNCIL OF THE CSTY OF KENAI, ALASKA, this third day of
July, 2U07,
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
l'/
Appraved by Finance: ~'C
„,
~~~
3
WHEREAS, Precious Janitorial Services submitted the lowest bid for the Kenai
Community Library Build'u~g; and,
Suggested b}~: Council
C~TY OF KENPc%
RESdLLJfiIQN ri7C3. BOdP7-42
A RESQLUTION OF THE COUNCIL OF THE CITY OF KENAI AUTHORIZING THE CITY
TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUATT OF NOT TO
EXCEED ~2,600,000 TO FINANCE THE COST OF PLANNING, DESIGNING,
ACQUIRING PROPERTY FdR, AND CONSTRUCTING KENAI RIVER BLUFF EROSIUN
CONfiROL CAFITAL IMPROVEMENTS; AND TO SUBMIT THE QUESTION OF THE
ISSUANCE OF SUCH BONDS TO THE QUALIFIED V4TERS OF THE CITY AT THE
OCTOBER 2, 2007 CITY GENERAL ELECTION.
WHEREAS; Section 6-7. of the Kenai City Charter authorizes the City of Kenai (the
"City") to borrow money and to issue its general obligation bonds therefor, but oni3r
c~=hen authorized for capital improvements by the Council and raufied at an election l~y
a majority of those qualified to vote and voting on the question; ~nd,
~UHEREAS, the Council views the capital improvements to control Kenai River bluff
erosion authorized herein as necessaiy and beneficial to the comrnunity; and,
WHEREAS, the total cost of the expansion or replacement of the Kenai River bluff
' erosion control project is estiinated to be $15,000,00C1, and the City does not intend to
issue bonds to finance the project until it has obtained funding for the remainder of
the costs of the project.
NOW, THEREFORE, BT IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that:
Section 1. It is hereby determined to be for a public purpose and in the public
interest of the City to incur general obligation banded indebtedness in an amount not
to e~ceed'I~,vo Mitlion Dollars ($2,000,OOOj for the purpose of paying the cost af
planning, designing, acquiring property for, and constructing Kenai River bluff erosion
cantrol improvements in the City.
Section 2. The Citv is authorized to borraw the sum of Tu~o Million Dollars
($2,000,000) to finance the capital improvements described in Section i and the
borrowing shall be evidenced by the issuance of general obligation bonds of the City.
The full faith and credit of the City are pledged for payment of the princ7pal of and
interest on the honds, and ad valorem taaces upon all taxable property in the City shall
be levied wxthout 3imitauon as to rate or amount to pay the principal of and interest on
the bonds when dne.
Section 3. The City shall submit tkae following proposition to Yhe qualified voters of
the City at the October 2, 2007 regular Cityr general election. The proposition must
receive an afrirmative vote from a m~ajority of the qualified voters voting on the
question to be approved.
4
Resolution No. 2007-42
Page 2
Proposition No. I
Genera3 ObYigatiota Sonds far
Kenai Rives Bluff Erosiou Coatrofl Cagital Improvements
Shail the City of Kenai incur debt and issue general obligation bonds in
an amaunt not to exceed'I~o Uiillion Dollars ($2,000,000) to finance the
cost of planning; designing, acquiring praperty for, and constructing
Kenai River bluff erosion control capital improvements in the City?
Bonds may not be issued to pay costs of the pioject unless the City has
obtained funding for the remainder of the costs of the project.
The bonds shall be secured by a pledge of the full faith and credit of the
CiY3r. `~Resolution No. 2007-~F2)
Section 4. The proposition, both for paper ballots and machine batlots, shall be
printed on a ballot which may set farth other general obligation bond proposirions,
and the following words shall be added as appropriate next to an oval provided for
marking the ballot for voting by hand or machine:
PROPOSITTON NO. 1
O Yes
O No
Section 5. Secuons 1 and 2 of this resolution shall become effective only if the
proposition described in Section 3 is approved by a majority of the qualified voters
voting on the propositian at the October 2, 2007 rewlar City general election. Tha
remaining sections of this resolution shall become effective upon adoption.
PASSED BY THE CdL'1VCIL OF THE CITY OF KENAI, ALASIiA, this thizd day of Ju2y~,
2007.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, Cit~~ Clerk
5
Buggested by: Council
~ITY QF KEIYAT
RE50L1UTYOA 19TC7. 26mZ-43
A RESOLUTIQN OF THE CdUNCIL OF THE CITY OF kENAI At7THORIZING THE CFTT'
TO ISSUE GENERAL OBLIGATION BONDS fN THE PRINCiPAL AMOUNT OF NOT TO
EXCEEE~ $2,OOQ;OQO TO FTNANCE THE CQST OF PLANNING, DESIGNING,
ACQUIRING PROPERTY FdR; AND CONS`PRUCTING LIBRARY CAPITAL
IMPROVEMENTS; AND TO SliBiVIIT THE QUESTION OF THE ISSliANCE OF SUCH
BONDS TO THE QliALIFIED VOTERS OF THE CITY AT THE OCTOBER 2, 2007 CITY
GENERAL ELECTION.
WI3ERE~S, Section 6-1 of the Kenai Citg~ Charter authorizes the City of Kenai (the
"CiYy"} to borrow money and to issue 'sts generat otaligation bonds therefor, but only
when authorized for capital impxovements by the Council and raiified at an election l~c
a majarity of thase qualifaed to vote and voting on the question; and,
WHEREAS, the Council views the expansion or replacement of the City's present
Iibrary authorized herein as necessary and beneficial to the community; and,
WHEREAS, the total cost of the expansion or replacement of the City's present Iibrary
is estirnated to be $5,500,000, and the City does not intend to issue boFlds to fmance
the projecl until it has obtained funding for the remainder of the coszs of the project.
NOtT~, THEREFORE, BT IT RESpLVED BY THE COliNCTL OF THE CI'I`Y OF KENAI,
ALASIfA, that:
Section l. It is hereby deterxuined to be for a public purpose and in the public
interest of the City to incur general obligation bonded indebtedness in an amount not
to exceed TWo Iviil;ion Dollars ($2,000,000) for the purpose of paying the cost of
planning, designing, acquiring property for, and construct~ng library capital
improvements in the Cits~, including without limitation the expansion or replacement
of the City's presenE Iibra.*y.
Section 2. The City is authorized to borrow the sum af Two Nillion L7ollars
($2,000,000) to finance the capital improvements described in Section 1 and the
borrowing shall be evidenced by the issuance of general obligation bonds of the Czty.
The fiall faith and credit o£ the City are pledged for payment of the principal of and
interest on the bonds, and ad valorem t~es upon aIl taz:able property in the City shali
be levied without limitation as to rate or amount to pa,y tke principai of and interest on
the bonds when due.
Secfian 3. The City shall submzt the following groposition io the qualified ~roters of
the City~ at the October 2, 2007 regular City election. The prapositian must receive an
affirrnative vote from a maj ority of the quaiified voters voting on the question to be
approved.
6
Resolution No. 200'7-43
Page 2
~ropositiou No. 2
General C)blflgatiott ~onds for
L'abrary Capital Tmprovements
Shall the City of Kenai incur debt and issue general obiigatron bonds in
an arnount not to exceed Two Million Dollars ($2,000,000) to finance Yhe
cast of planning, designing, acquiring property for, and canstructing
Iibrary capitat improvements in the Cit,y, including without limitation the
expansion or replacement of the City's present library? Bonds may not
be issued to pay costs of the project unless the City has obtained funding
for the remainder of the costs of the project.
Tke bonds shall be secured by a pledge of the full faith and credit of Ehe
City. (Resolution No. 20d7-43)
Sectian 4. The proposition, both for paper hallots and machine ballots, shall be
gria.ted en a ballot which may set ferth atker general obligation bond p.-agositions,
and the following words sha11 be added as appropriate ne~;t to an ovai provided for
marking the ballot for voting by hand or machine:
PROPOSITTdN NO: 2
U Yes
O Tio
Section 5. Sections 1 and 2 of this resolution shall become effective only if the
proposition described in Section 3 is approved by a majority of the qualified vaters
voting on the proposition at the October 2, 20D9 regular Citq general election. The
remaining sections of this resolution shali become effective upon adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of Ju1y,
2d07.
PAT PORTER, MAYdR
A't`TEST:
Carol L. Freas, City Clerk
7
Suggested by: Pianning & Zoning
CYTY OF I{ENAI
RESOLUTYON 1Vt?. 200Z-44
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING A
PARTIAL EXCEPTION TO THE SliBDIVISION REGULATIONS CONTAINED IN KMC
14.10 FOR EAGLE BLUFF SUBDIVISION AS ALLOWED UNDER KMC I4.10.090.
WHEI2EAS, Yhe Planning and Zoning Cornmission recnewed and recommended approval
of Eagle Bluff Subdivision on August 10, 2005; and,
~7HEREAS, the Planning and Zonnlg Commission recommended Eagle Bluff
Subdivision's approval contingent upon the following. 1) an exceptian for the layout of
Lots 16, 17, anci 18 because they do not meet the minimum width required £or the
Rural Residential zone; and, 2) an exception to KMC 14.10.d70(d)(3) which prohibits
dead end streets over 1,000 feet in length because the Swires Rcad Extension results
in a dead-end street over 1,000 feet'sn length; and,
WHEREAS, on September 12, 2045, t,he Kenai Peninsula Borough granted an
exception to the maz~imum cul-de-sac length (dead enfl street) due to the topography,
exisring wetlands and adjacent land use; and,
WHEREAS, the property owner would like to proceed with development of Eag2e Bluff
Subdivision; and,
WHEREAS, KMC 1,4.10.090 allows the Kenai City Council to modify the subdivision
requirements in K.TvIC 14,10 where laecause of the unusual size, shape, or conditions of
the tract the strict application of the requirements would result in real difficulties,
substantial hardship or injastice to the subdivfder if the pubiic welfare aa7d interests of
the City and surrourzding property can be adequaiely protected hy the modifications;
and,
WHEREAS, it is in the best interest of the City of Kenai to grant exceptions for the
minimum lot width and the Iength of S~rires Road E~tension as allowed under KMC
14.I0.090.
NQW, THEREFORE, BE tT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, Eagte Bluff Subdivision is graxtted a partial exception to the development
requirements of KMC 14.10 as noted above.
PASSED BY THE CpUNCEL OF THE CITY OF KENAI, ALASKA, this third day of July,
2Q07.
ATTEST:
PAT P~RTER, MAYOR
Carol L. Freas, City Clerk
8
j °~ ~la~e wit~i a Past Gc't~ wit~i a Fr~t~Ye °~
~,~.~~~,~ A~.. 210 Fidalgo Avenu~, Kenei, Afaska 99611-7794 ~ ~~
, --~_` Telephone: 907-283-7535 / FAX: 907-283-3014 ~~~~~r
~- "'~' 1492
\ flveaityuf
KEN~~ SKA
~~~1~~^
TO: Rick Koch, City Manager
n
FROM: Jack La 5hot, Public Works Manag~ ~~
FRdM: Marilyn Kebschulf, Planning Administrator
DATE: June 1S, 2407
SUBJECT: Eagle Bluff Subdivision - Exception {KMC 14.10.090)
fn August 20Q5, fihe Planning and Zaning Commission reviewed and
recommended approvaE of the preliminary plat for Eagle Bluff Subdivision. This
subdivision is located south of the Kenai Golf course. The development wili
require a dedicafiion and extension of Swires Road through the golf course
property, City Council approved this dedicafion an August 17, 2005. The City is
in the process af draffing an installafion agreement for develapment of the right-
of-way.
When the piat was inifially reviewed, it was noted thaf there were elements of the
propased plat did not meet the City's zoning requirements. The Commission
approved the plat with requirements for the finai approvaL Those requirements
were:
• fnstallation agreement required. Improvements will be identified when
Yhe drawings are submitted and approved by the City. A formal
agreement wiil be required at tfiat time.
~ Plat should show street right-of-way as Swires Raad.
• Construction on Lots 17 and 18 wiii not be alfowed in the area not
meeting minimum lot width requirement of 90 feet. Se#back will be
measured from the point in the IoY where the Iof ineets minimum lat
width. Note shouid be placed on plat.
• Plat must include signature fines for the Cify of Kenai and Lessee.
• A minimum 5d-foot radius dimension for the cu(-de-sac (end ofi the
road) is required.
9
Eagle Bluif Subdivision - Exception (KMC 14.10.090}
Page 2
Swires Road e~ension will resutt in a dead-end sfreet over 1,600 feet
in length. Kenai Municipai Code 14.~O.d70(d)(3) prohibits dead end
streets over 1,000 feet in length. An exception wilf ba required.
Kenai Municipal Code 14.1Q070 (h) requires easements along
streams. The propased subdivision crasses Boat Launch Creak. A
10-foot easement is required on each side of the stream.
Utility easements as required in KMC 14.10.070{c) are not shown on
the plat and are required at least 10 feet on street side of each iot.
The Boraugh approved the preliminary piat requiring that the pfat be returned to
the City ofi Kenai for action on any exceptions needed to meet Yhe City's zoning.
Kenai Municipai Code 14.10.090 states:
"Whenever the tract fo be subdivided is ot such unusual size or shape or
is surrounded by such development or unusual conditions that fhe strict
app(ication of the requirements contained in these regulations would result
in real difFiculties, substantial hardship or injusfice, the City Councii; after
repor# by the Planning Commission, may vary or modify such
requirsments so that the subdivider may devefop his property in a
reasonable manner, but so that at the same time, the public welfare and
inferests of the Gifij and surrounding areas are protected and the general
intent and spirit of these regula#io~s preserved. (KMC 14-21)"
The tapography and Iocation of this plat, appear to meet the requirements of
KMC 14.10.090 and staff is recammending fhat Councit approve the fallowing
two exceptions:
1. Construcfian an Lofs 16,17 and 18 wili no# be allowed in the area
not meeting minimum lot width requirement of 90 feet. Setback wifl
be measured from fihe point in the iot where fhe iot meeis minimum
lot width. Note shouid be placed on piat.
2. Swires Road extension wiU result in a dead-end street over 1,000
feefi in length. Kenai Municipal Code 14.1d.070(d){3} prohibits dead
end streets over 1,OQ4 feet in length. The Borough approved the
exception for Borough standards on September 12, 2008.
All other requirements by the Pfanning and Zoning Commission wili be taken
care of prior to the finai plat being recorded. Attached is a copy of the
prefiminary plat, Planning & Zaning Gommission Resolufion PZQ5-48, and an
excerpt of the minutes from the August 10, 2005 Pianning & Zoning Commission
meeting.
10
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11
~'E` , CITY OF KENAI
-~w-' PLANNING AND Zf3NING CONLM3SSIDN
RESOLUTION NO. P2Q5-48
thcu'r~uf SUBDNISTON PLAT
A RLSOLUTION OP THE PLANNTNG AND ZONITtG COMMISSION OF TI-~ CITY OP
KENAf RECOMMENDING THAT THE ATTACHED SUBDNZSION PLAT BE APPROVED
SUEJECT TO TIIP FOLLOWING CONDITIONS:
WHEREAS, the attached p,lat ~aele Btuff Subdivision was referred 4o the City of Kenai P1a2uiing
and 'Goning Commission on Julv 22. 2005, and received from McLane Consulrin~, lne.
WHL~REAS, the City af Ttianai Planning and Zoning Cammission £md~s:
1. Piat area is zoned RR - Rnral Residential and therefore subject to said zone conditions.
2. Wat~r and sewer: Not Availa6le.
3. Plat does not snbdivida property within a pnblie improvement distriCt sul~ject to specia]
assessments. There is rzot a dalinquency amount owed to the City of Kenai £or the refecenced
property.
4. Installatian aareement or construction of imorovements is required.
5. Status o,` surrounding tand is shown.
b. Ufilitp easemenEs, i£ required, shall be shown.
~~~~ 7. Plat shalt verifv that ~no eneroaelunents exisY.
8. Street names designated on fihe plai are correct.
9. COIQTINGENCTPS:
a. See Page 2
NOW, THLREF4RE, BE IT RESOL~`Eb, BY TT-TE PLANi~tING AND 70NII~IG
COI~LMISSION OF TI~ CITY OF KENAI THAT TF3E KLNAI PENINSULA BORODUH
PLANNIN'G COMMISSION APFROVBS EAGLE IiLUFF SIIBDIVISION SUBJ'L~CT TO
ANY N~GA'£NE FINDiNGS AS STATED ABOVE.
PASS~D SY THE PLANNING AND ZONING COMMLSSION OF'THE CTTI' (3F' KENAI,
12
0545 Res.doc
Page?
Additional Reauirements:
1. Installation agreement required. Irnprovements wi11 be identffied when the
drawings are submitted and approved by tfle Citt< A formal agreefnent will be
required af that time.
2. P3aC shouid show street zigbC-of-way as Swires Road.
3. Construction on Lots 17 and IS will not be allowed in the area not meeting
minimum lot width requirement of 90 feet. Setback will be measured from
Ch~ point in tt~e lot where the lot meets ~n'tnimum Iot widCh. lv'ote should be
placed,on ptat.
4. Plat must include signature lines for the City of Kenai and Lessee.
~. A minimum SO-foot radius dimension for the cul-de-sac (end of the road) is
required.
6. Swires Road extension will result in a dead-end street aver 1,000 feet i~~
)ength. Kenai Municipal Code 14.10.07d(d}(3) prohibits dead end straets over
i,000 feet in length. An exception will be required.
?. Kenai Municipal Code 14.10.070 (h) requires easements along streams The
proposed suhdivisian crosses Boat Launch Creek. A t 0-foot easement is
; equired on each side of the stream.
E. Ufility easements as required in KMC 14,10.070{c) are not shown on the plat
and are reqvired at least 1D feet on streeE side of each lot.
13
~4-a. PZO5-48 - Preliminas3~ Plat - Eagle B1uff Subdivisian. Plat submitted by
~ McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska.
1V6OTION:
Commissioner Bryson MOVED to recommend approval of PZOS-48 with the
iz~zcorporation of staff comments. Commissioner Eldridge SECONDE7] the motion.
Administrative Assistant Carver reviewed the staff report which was included in the
packet. She noted:
a The plat would subdivide 18 lots from an 86-acre parcel.
• A11 the Iots would meet the lot size far the zone.
+ With the dedicated right-of-way, a 3.09 acre tract would also be
subdivided from the Kenai Golf Course property.
• On-site water and sewer would serve the lots.
• The lots would need to meet minimum size required by the Alaska
Department of Environmentat Conservafion (ADECj.
~ Lots 17 and I8 would not meet the minimurn lat width o£ 90 feet as
required by the i{enai Municipai Code tievelopment standards and an exception wauld
be required for the minimum width.
• Construction on Lots 17 and 18 would not be allowed in the area not
meeting the minimum Iot width requirernent (the setback would be measured from the
point in the lot where the 1ot meets minimum lot width}.
~ A note should be placed on the plaf.
~ A mnzimum 50 foot radius dimensian for the cuI-de-sac would be
required.
• An exception would be required for the resulting dead-end street on
Swires Road.
~ • Utility easeinents, as required by Code, were not shocvn on the plat but
would be required at least ten feet on street side of each lot.
• Staff recommended approval with the requirements noted.
Commissioner Bryson asked if the City of Kenai wauld be signing fl1e plat and Carver
confirmed it wauld, along with the lessees o: the golf course. Bryson asked if any
platting would occur on the golf caurse tract with regard to fihis issue and Carver
answered no.
Sam McLane, Surveyor -- Reported the following:
• Thay had been working with the Citq an the praject.
« They inifiallp called fl1e access a wide right-of-wa_y and then cansidered
an easement. However, with current public safety concerns, it was decided a
dedicated riglzC-of-way would be cleaner.
A turn-arow~d would be in place for egress.
• Efforts to acquire alt the Corps permits had taken some time, however
wetland issues had baen resolved and the Corps indicated the remaining permi*.s
would be forwarded in the near future.
PLANNICVG & ZQIVING COMMISSFON MEETING
AUGt7ST 1~, 2005
PAGE 2
14
• A ten-foot cnlvert would be installed due to wetiazzd concerns,
• The developer may do the work in phases due to the cost in crossing the
stream.
a Because of the distance from water/ sewer ntilities, it was decided to
require on-site water aizd sewer.
VdTE:
MOTIOIS FFSSSED UNARIMOUSLY.
4-b. PZOS-49 - Preliminary Plat - Boat Ramp Subdivision (a Re-subdivision of
Government Lot 2}. Plat submitted by McLane Consulting, Inc., P.O. Box
468, Soldotna, Alaska.
MOTION:
Commissioner Eidridge MCIVED for appraval of PZOS-49 and Cammissioner Amen
SECONDED the motion.
Carver reviewed the staff report inclixded in the packet and noted:
e fihe plat subdivides 6.546 acres from a 31.5-acre parcal.
• The smali pazcel would not have water and sewer available.
~ The smalier lot was identified as the property to be traded for wetland
property to pravide additional access to the boat dock.
Staff recommended approval of the plat.
Bryson asked the size of the tracf laeing traded and Carver indicated 93.13 acres far
the siu acres plus $10,000 to even the trade to the appraised values.
VOTE:
MCSTIOId PASSED UNANIMOUSLY.
4-c. FZOS-5Q - Preliminary Plat - Shill's Estate (a subdivision replat ta vacate
the five lots of Porter's Acres Subdivision). Plat submitted by Jesse
Lobdeli, P.O. Box 7517, Nildski, Ataska.
M03`SON:
PLANN3NG & ZOATING CdMMISSION MEEfiiNG
AliGUST 10, 2005
PAGE 3
15
Page 1 a£ 1
Mariiyn Kebschull
From: Sfan A. "Sam" McLane (samGane@mcianecg.comj
Sent: 29 May, 2007 3:08 PM
To, Marilyn Kebschull
Cc: dougjones@gci.ne:
Subject: Eagfe Bluff Subdivsion
MaYiiyn: Doug may be moving forward on the go(f course property this summer. Are we good to go with the
attached plat as far as the city PC is concerned? I've got the (ist of comments and exceptions we need.
S. A. Sam McLane
No vuus four~d in this outgoing message. ~
htqrl7www.avg-antiv'rrns.nef/
Checked by AVG.
Veasion: 7.5.472 / Virus Dazabase: 269.8.3/824 - Reiease DaCe: 5,29f2067 1:01 PM
05/29/2007 16
CfTY CIF KEIITAI
ttESOLUTIdfe~ NO. 200?-45
Suggested bq: Administratran
A RESOLUTIdN OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A
CONTRACT TO NpRTHST?.R PAVING & CONSTRUCTTON FOR THE PROJECT
ENTITLED WILDWOOD WATER MAIN - JUNE 2007 FdR THE TOTAL BASIC BID
A.VIOUNT OF $359,873.00.
~[~HEREAS, the following bids were received an June 26, 2007:
BIDll3ER TOTAL BASYC ~Im
I Zubeck, Tnc. $373,623.00
Northstar Pavin &, Construction, Inc. ~ $359,873.00
Peninsula Construction, Inc. $427,392.50
I
; and,
WHEREAS, Northstar Paving Sr, Construction, Inc.'s bid is tne lowest responsible bid
and award to tkis bidder would be in the best interest af the City, and,
WHEREAS, this resolution is contingent upon Alaska Department of Corrections'
approval; and,
WHEREAS, the recommendation from the City Administration and the Depaztment of
Corrections is to award the contract ta, Northstar Paving &, Construction, Inc. for the
totat cost of $359,873.00; and;
WHEREAS, sufFicient monies are appropriated.
NOW, TH~REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the contract for the praject entitled Wildcvood Water Main - June 2009
be awarded to, Northstar Paving & Construction, Inc. for the total basic bid amount of
$359,873.00.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of 3ulq
2D07.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City C?erk,; .
Approved by Finance: ~,!t~~
17
Suggested by: Administration
~TTI' OF KEYSAF
RE^sOY,UTION %CS. 20~?-46
A RESOLUTION OF THE COUNCIL OF THE CITY dF KENAI, ALASKA, BESIGNATING
DEPARTNtENT ASSSSTAIVT II CORENE HALL AS DEPUTY CITY CLERI~.
WHEREAS, KMC 1.25.030(aj allows, by resolution of the Council, for the designafion of
a Deputy City Clerk to perform the duties of the office of City Clerk in the event the
City Clerk is i~ot available; and,
WHEREAS, the FY200i budget provided for a permanent part-time Department
Assistant II position in the City Clerk Department.
NO~[%, THEREFORE, BE IT RESOLVEI7 BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that Corene Ha11 be designated as the Deputy City Clerk.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, AL.~SKA, this third day of July,
~007.
PAT P~RTER, MAYOR
ATTEST:
Carol L, Freas, City Clerk
cIf
18
Suggested by: Administratian
CITY Q~~ KEI+TAI
RES(7LiSTION N~. 2007-47
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
TRANSFERRING $6,500 IN THE GENERAL FUND LAND DEPARTi1~tENT TO
PURCHASE LANl~.
WHEREAS, the City of Kenai desires to purchase T SN R 11W Section 4, Se~vard
Meridian KN 08$OQ53, Central View Subdivasion Tract B; and,
WHEREAS, funds are availabie for transfer in the General Fnnd Confingency account.
NOW, THEREFORE, BE IT RESOLVED BY THE COUIVCIL OF THE CI'I"Y OF T{ENAI,
ALA8Kr1, that t33e r"a2lou~ng budget transfers be made:
General Funti
From: Non-Departmental - Contingency
$6,500
To: Land - Land $6,500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of Julp
2007.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Appraved by Finance: -'_~~~
(06/27/2007) hI
19
Suggested by: City Manager
CITS OF KE1V1~Y
RE sOLU'I`IC9N PFf3. 2QC37-4~8
A RESflLUTION OF THE COUNCIL OF THE CITY OF KFNAI, ALASKA, AUTHORIZiNG
TI-FE PtJRCHABE Or 5.44 ACRES C}F PROPERTY DESCRIBED AS: T SN Rl 1(h,~ SEC 4
SEWARD MERIDIAN KN 0~80053--CENTRAL VIEtiB SUBDIVISION TRACT B, THSRD
RECQRDING DISTRICT, KENAI, ALASKA FOR $7,500 FOR WETLANDS MITIGATION
AI3D TO BE RETAINED BY THE CI'I`Y AND RESERVED FOR PARK PURPbSES.
WI-IEREAS, KViC 22,05.135 states that the City may purchase real propertq after
authorization by the City Council; and,
WHEREAS, the property described above is zoned Conservation and contains wetlands
and drainage into the Kenai River; and
WHEREAS, the City Manager desires the City to purchase this property for wetlands
mitigation and, to be retained by the City and reserved far park purposes; and,
WHEREAS, the owners of the property desire to sell the property to the ~ity of Kenai
for $7,500; and,
WHEREAS; the Ciey Manager has ordered an appraisal of the property as required
under KMC 22.05.135 which shall be available to the Councii prior to the purchase
beu7g finalized; and
WHEREAS, the owners of the property and the Citq of Kenai liave entered into an
option to purchase agreement giving hhe City of Kenai the option to purchase the
property for $7,500 and,
WHEREAS, it is in the best interest of the City ot Kenai to purchase the above
described property to be used for wetlands mitigation and to be retained b5~ the City
and used for park purposes.
NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY dF KEIVAI,
ALASKA, that the Council of the City o£ Kenai authorized the City of Kenai to purchase
for $7,500 the property flescribed as: T SN Rl1 W Sec 4 Seward NFeridian KN 0880053 -
-- Central View Subdivision Tract B, Third 3udicial District, Kenai, Alaska to be used
as wetlands mitigation and retained by the City and reserved far park purposes.
PASSED BY THE CdU~7CIL OF THE CITY OF KENAI, ALASKA, this third day of Jufy,
20d7.
ATTEST:
PAT PQRTER, MAYOR
Caro1 L. Freas, City Clerk
20
,~/~ "f/c~~~~e wct~a ~ P~s~ ~~~ ~vit~i ~ Fu~r~Ye ~'
~~
-~ ~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
__ ~ ' Teiephone: (9o7) 283-7535 / Fax: (907) 283-30t4
- www.ci.kenai.ak.us
~, tlae ci y o f
KENAI. AL~ISKA
~'
May 9, 2QQ7
Mr. T=orrest McD~iel.
Alaska DistncT cngineer
U.S. Army Coip of Engineers
805 Frontage Road, Suite ZOOC
Keni, AK 99611-77~~
SubjecC: Wa1-Mart Applicafion for Permit, POA-2005-1331-4
Dear Mr. McDaniel:
The purpose af this correspondence is to inform you the City of Kenai has entered into a
purchase agreement witt~ fhe owners of properfy described as Tract B, Centrat View
Subdivision, TSN, R11 W, S.M., AIt consistinb of 5.44 acres more or less. Clossng wi.ll
take place within the naxt b0 days.
It is my understanding based on our previons meetings and telephone eouversa#iau of
June 26~' the purchase and reservafion of this property for park pu~oses wi11 constitate
acceptable mitigation for the loss of wetland on the ~TJal-Mart site.
This groperty is the contiinuatSon to fhe south of the drainage that borders the proposed
Wal-Mart site.
The pxoperty is zoned "coilsen~arion" and will be reserved for park purposes.
AtCaehed please find tha Eoi,lowing:
l. KPB Property Peimitting Report
2. Proparty Baundary Plat
3. Aerial Phoiograph
T appreciate. your desire tt~ mave towards a permit for this projeot. Can you pleaso tall m,e
when you anticipate the permit will be issued?
21
Thank you ,for youf attenCion in Yh~is rnatter.
Sincereiy,
C1TY OF KENAI
r/~~ ~U~.~4w
" Rick R. Koch
City :Manager
attachments
Cc: Tom Adams; Lounsbury & Associates
TSenai City Councii
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OPTIOI'~i TO PL?RCHASE
This Option to Purchase is made or this 19th day of 3'une, 2067 betweei~ che City of iisnaz, 210
Fidalgo, Kenai, Alaska 99611 (the "Buyer") and T. A. McKeever, af 2624 Lot~ssac Drive,
Anchorage, AK 995~5 and Donald L. Gaforth and Adrieime L. Goforth, a husband and wife, of
360 W. katmai Ave., Soldotna, Alaska 99669 (fhe "`Sellers.")
Whereas, the Sellexs are the owners of cerCain rea1 properey described as T SN R I IW SecYion 4,
Seward Mei9dian KN 0880053, CenCral View Subdivision Tract B consis[ing of 5.44 acres
located in Kena's, f~laska with a Kei~ai Peninsnla Borough Parcel Number of /+9Q1062.
Whereas, the Buyer wishes co pt~rohase said properCy and Yhe SelIers wish fo seil said pra~erty to
Buyez.
Now, therefc~re, in consideration of the covenants and al~iigarions contai,ned herein and other
good and va}uable consideration, the receipt and sufficiency of which is hareby acknowledged,
Sellers hereby grant the Buyer an exclusive option to pnrchase Che above-described pr~perty.
1. OPTION `I'E12M: Tne option to purchases shall begin on the 22"d day c~f June, ~007 and
expi.re aC ,l I:59 PM on the 22nd day of August, 2007.
2. ii'OTIC~ REQUIRED TO EkER~ISE OPTION. To exercise the Option to Purchase,
the Buyer must deliver written notice io Adrienne L. Gofc~rth eiCh~~ in pezson o,r d a mail
oF Buyers intane to purchase: Deposit of the notice in the mail to Adrianne L. Goforth at
360 VJ. Katmu, Soldotna, AK 99b69 shall be presamed to be valid deliverV of Ghe notice
. on that date, In addition, the notice must s~aeail`5> a,valid cIosing date. The closing date
musi be prior Lo the expization of tk~is Option to Porchase.
=. OPTION COiVSID~RATION. In consideration for this Option to Purchase, the Buyer
shall pay fl7e a non-refundable Iee of $1,00(~.Od (One Thousand I)ol]ars and No Centsj,
receipt of which is hereby acl~owledged by the Sellers. This amount shall be credited to
the purchase p£iee at closing if the Buyez timely exexcises ehe Option to Puschase and
closes on the conveyance af Lhe property. The Sellers shall not refund the fee if the
Buyer ~Pails tc~ exercise the. Option to Puzehase or fails to close on the property through no
faulc of the Sellers.
~. P[JZ2CHASE PRICE. The total, purehase price for the Property is $7,500.00 {Se'ven
'Thousand and Five Hundred Dollars and No Cents}.
5. 2007 PROPERT~' Tt~X~5. The 2007 Kenai Peninsula Borough ancl City of Kenai
propeny taxes on the property shall be pzorated between the Bu,yer and the Sellers as of
Che date ot~ closing.
6. EXCLUSTVITY 4PTION. The o}~tion to pvrchase is exclusive and is nat assignable
and exists solaly for the benefit oY the~ named parties abc~ve. Should the Buyer atteinpt to
assi~n, convey, delegate or Yransfer this option Co parcbase withc~u4 the express wLitten
permission, any such attempt shall be deemed null and void.
7. CLOSING t4ND S~~'TL~TvI~NT. Buyer shaIl determine the title eompany at which
settlement sbali occur a~d sha11 infonn the Seliers af Chis 1ocaTion in writing. Buyer
a~rees thaf any closing costs in th~ir entzzety sha11 be the sole xespc~nsibiliC~~ of the Buyar.
~~- Qpcion tn B~y Percel 04901062 ~
Page I of 5
26
The only expanse retated to closing costs apport'toned cct Sellers shall be the pro-rated
share of 20d7 I~enai Peninsula Borough and City of Kenai property taxes.
8. REMEDI~S UPON BETAULT. If Buyer or Sellers defaults under this Option to
Purchase, the non-defanlting pazty is entitled to all remedies included in fhis agreernent
andlor any and alI reinedies at law or it equity.
9. COMMISSION. No real estate commission or any other comsnissions shall be paid in
connection with this transaction.
10. R~CORDING THIS AGREEMENT. Buyer shall not record the Optian to Purchase on
Che Pubiic Recards of the State of Alaska without ihe express writcen consenr of the
Seliers.
21. ~YCKIVOWLEDGEMENTS. The parCies axe. executing this Optian to Purehase
voluntarily and wiChc~ut any ducess or undue influence. The parties have carefu3ly read
this Option to Purchase and have asked any quesllons needed to understand its terms,
consequences and binding effe.et and fulIy understand them. The parties will be given an
e~:ecuted copy af th,is agreement. The. partles have had the option to consulC an attorney
of their respective choosing if sa desired prior to the signing of this Option ta Purchase.
12. TIMfl`CG. Time is of the essence in this Ctption to Purchase.
I3. GOFr~RNTNG LAR' AND VEI~UE. Ttus Option to Purchase shall be goveined,
construed and interprete~' by, chrough and undex ine ilav,~s of the Seate oP .slaska. fihe
parties further agree that the venue. far any and ail disputes related to this a~reement shall
be in the Seate af Alaska, Third 7ud'aeial Discrict at Kenai_
14. ENTIR~+ AG3tEEMENT; MOI?IFIC.STICjN. This document sats forth the entire
agreeineiit and understanding between the r~arties ielating to the subject mattez harain and
suparsedes any prior discussions between the parfies. No madification nf or amendment
to this Option to Purchase or any waiver af any righfs under this Option to Purchase G*~ill
be effective unless in writiu~ signed t~y the parties to Che Agreement,
//
//
/!
//
/!
//
//
//
JI
1!
/I
//
!/
I/
//
//
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//
//
Op[ion to I~t~y Parce104901062
Page 2 of 5
27
BLJZ'ER
C ~ __
~'1C7: KOC~i
City Manager
STATE OF ALASKA
) SS
THIP.D 7UDIClAL DISTRICT )
On thi~`day 2067, before m~,~ersonally appeared Rick R. Kocb, known to nie to
t~e the person wh sec~~is suF~scribed on tbe fore~oia~g .Optic~n to Purchase, a.nd aclalowl~dbed
that he execufed Che same as his free wilI and deed.
Sworn to and subscubed
in Che pxesence of:
i
~~~ ~
Notary Pnblia ~,~v- ~''~~,r%,~
My Conunission Bxpires: ~/~a"~~~e~~ ~
~pnon ~o nuy rarceul~vulo62
Pa~e 3 nP S
28
SELLE~S ~ ~~~ -
f~'~~ ~: Gi`~z.~/`~`.~.~.4_,ti; /~,~~~r~~,-, '
~~isL% ~~ ; ~f', f~L~~f ~~f'--~%`.c -.`-'t'_~''
A1ice B. iVlcKeeve.r, AClorney-In-Fact for
T.1~. McKeever ~ ~
2024 Loussac Drive
Anchorage, AK 99503
State of Alaska )
)ss ~ ~
Third 3udiaial Distxict )
n,i
On this ~ day ~~~~~ , 2007, before me
persanally appeared Alice E.. MeKecver as
Attorney-In-Fact far T.A. McKeever and
ackliowlad~ed to tne that she signed tYie.
instrument as such Attomey-Tn-Fact for said
principal, T.A. McKeever, whose name is .
subscribed on the foregoing Option to
Purchase, and furthermore acknowledged that
she executed the saine as her free wi11 and
deed.
~wc~in to and subsciibed
in the preseizce oi:
l
r~ ~ ~f~ ~c 1'~-,--,.._
Notary Public
MyCommissionExpires: ~~~t%;>c Tf
Option [o Buy Parcel ~.^,4901U6? , ~.....
Page 4 af 5
29
~ ` ~
Adrienne L Gofortl7 L/Y-~ ~..J
360 W. I{atmai Avenue
Soldama, Alaska 99669
State of Alaska )
1ss
Third Judicial 3~istrict )
Qn rhis~~' d ~/~~ , 20C1~7, before rne personalty appeared Adrienne L. Goforth, known to
me to be th:° pessan whose name zs subsctibed on tl~e faregoing .OpCion co Purchase, and
acknowledgcd Chat she executed the same as his frae will and deed.
Sworn to and subscril~ed
in e presenee of: ~
~,,~~~',~~.~
~ , . , .
"' i ~ /.:
Notary PuUlic ~
My Comrrussion Expires
7
Donaid L. Gof' h '
360 W. Katmai Avenue
Sold<>tna, Alaska 99669
State of Alaska
)ss
Third Judicial Dietrict j
c
On this~ d y.J ~+-~~ , 2007, before me personaliy appeared Dnnatd L. Gofortb, known to
me to be the parson whose name is subscribed an the foregaing .Option to Purchase, and
aoknowledged that he executed the same as bis free will and deed.
tp and subscribed
in
Notaiy Public
Mv Commissior,
OF~ICIAI SEA~
y STATE 6F ALASKA
~~~a~. e. ~Ew:~
NOTARY PUBLIC .c~
idY CUmm. EzW~es: . ~'/ S "oZ~c6
xr OfFfCIALSEAI.
~ h srarE o~ a~ns~a
~ ca~a~. c. c.~~to~
woTaer pueuc
IAy Camm Pxpiruw. P~~.-`~ ~0~
,,, . .
..,.,.... . ...,..::;~ .,.
Optior, to Bny Pamel 00.901062
Pag~ :i of 5
30
~~.~
~ ~ .W ~
July 3, 2007
Ms. Kim Howard, Administrative Assistant to the City Manager
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611
RE: Restricted Use Appraisai Report
Tract B, Central View S/D
000 ~awton Dr.
Kenai, AK
Dear Ms. Howard:
Foliowing is the Restricted Use Appraisal Report on the property referenced above. As
a Restricted Use Appraisal Report a minimal amount of information describing the
property or the development of the conclusion of value are presented. The value
estimate was developed foilowing a complete appraisal process with a physical
inspection of the property. This restricted use appraisal report was prepared for the
City's exclusive use, to assist in determining the Market Value of the subject property as
of the July 2, 2007 effective appraisal date.
Supporting documentation regarding the basis for the value estimate is retained in our
files and availabie for review with you upon request.
Thank you for this assignment and the opportunity to be of service to the City of Kenai.
Sincerely,
_ ~~,,~G~~+ , ~~
Julie A. Derry
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Inten~letl llse~ To estimate Market Value for the sole purpose of assisting the
, Purp~se' client, the City of Kenai, in determining Market Value to satisfy
City Code requirements in order to proceed with purchase of the
' lot.
The intended user of the appraisal report is the City of Kenai. No
additional intended users are identified by the appraiser.
Based on consultations with the cfient, consistent with the
intended use/purpose, the appropriate Scope of Work was
developed.
• A physicai inspection was made of the property appraised,
neighborhood and market data analyzed in the valuation
process.
• The value analysis utilized the Sales Comparison technique.
Comparable land sales and listings were compiled, verified,
inspected and analyzed. The data sources include the
appraiser's market data bank, MLS data, research of recorded
documents, real estate agents/brokers, and parties to the
transactions.
Address: 000 Lawton Dr.
Legai Description: Tract B, Central View S/D
KPB Parcel No.: 049-010-62
Effective Date of Value: July 2, 2007
Date of Report: Juiy 3, 2007
Fee Simple
The current owner of record is Donald L. and Adrienne L Goforth
et al. According to Borough ownership records they have owned
the property in excess of the three-year reporting period.
The City of Kenai has negotiated a purchase option for the lot at
$7,500. This appraisal was requested in order to satisfy City code
requirements prior to purchase. According to City documents the
lot is being acquired "for wetlands mitigation and to be retained by
the City and reserved for park purposes".
DERRY & ASSOCIATES, I¢c.
Size: 5.44 acres (per the Central View S/D Plat No. 88-53)
The irregular shaped tract has 159'+/- of frontage at the north on
Lawton Drive: a two-lane paved, publicly maintained street. Public
water/sewer, electrical, telephone and natural gas are available at
the north boundary. However, the predominately wetlands
characteristics of the parcel and the "Conservation" zoning
classification diminish the benefits of having full public utilities and
good road frontage.
The parcel essentially contains the less desirable, unsubdivided
remainder between the Inlet View S/D at the east and the Centrai
Heights S/D and unplatted Traet A, Central View S/D at the west.
The lot has a moderately steep bank down from Lawton Dr. at the
north (see photos following). The terrain common with the Central
Heights S/D along the southwest boundary consists of a steep
treed slope down to the lowlands with creekldrainage extending
the full length of the mid-section of the subject parcel. On the
east side common with fniet View S/d for the mosi part the
property is already at the lower elevation since the Inlet View lots
incorporate most of the steep 40'+/- bank down to the east
boundary of the subject. The lot is heavily treed. Drainage and
standing water is prevalent. The piat identifies a 20' wide
drainage easement through the middle of the parcel.
According to the Gity of Kenai's Zoning Ordinance the
"Conservation" ciassification is intended to apply to "areas which
shouid be preserved primarily as open areas and as watersheds
and wiidlife reserves". "Conservation" permits a few uses outright
and others conditionally, however a number of commercial and
industrial uses are disailowed. Again, the physical characteristics
of this site significantly impair the overall usability/utility and thus
Iimit appeal/marketability.
Maintain vacant for buffer, open space, or potentially for common
ownership with adjacent residential lots.
Value definition: Market Value as defined in the Dictionarv of
Reai Estate Appraisal, Appraisal Institute, Fourth Edition, 2002,
pgs. 177 & 178.
Land value was estimated using the Sales Gomparison technique.
The following tabie lists the comparables analyzed in the valuation
process. To minimize the adjustment process emphasis was
placed on confirming transactions with similar topographic
features or others where use is limited/restricted by legal
constraints rather than entirely by physical characteristics.
DERRY & ASSOCLITES, Inc.
Sale Sale' Size
Comq, Leqai Description Date Price Acres
1 Por. SW4 SE4; Section 11/05 $4 000 3.07
22 TSN, R10W
2 Tract A, ASLS:2004 25 Pending $8 750 10.0
3 Tract A, Chmulna PoinY 9/04 $2,500 10.54
.. . . . . . . .... 1/7' ~t t
Saie
Terms
$1',303 Cash
$875 Cash
$1,660 Cash
. . ~ ~ . ( .. in eres ) ~~.
.. ~ . ~ ~ ~ . . .. . . .: intf
4 GLO 3, S14 TSN, R11 W 4/06 $8 000 14,63+/- E
5 E4 NW4 NW4;'535, 10l06 $16,000 20.0+/- :
T6N, R11W
Subject Tract B. Central Uiew Pending $7,500 5 44 $1
S/D'
Il;~~~~
i'
~ Cash
) Cash
3 Cash
Comparabie No. 1 is the most similar to the lot appraised. It
consists of an unsubdivided remainder at the rear (south) of the
Unfried Acres S/D. The lot has no piatted access other than a
; section line easement. Like the subject it consists primarily of
wetlands with creek frontage.
Comparable No. 2 is a pending sale by the City of Kenai which
contains about half wetlands. The purchase/price trom the State
is based on use restrictions limiting the lot to a well site; otherwise
the property will revert back to State ownership.
Comparable No. 3 is the purchase of an undivided 1/7 interest in a
wetiands tract/tidal marsh bordering seven lots in the Chinulna
Point S(D. The lot can not be sold/developed independently.
Comparable 4 is an isiand in the Kenai River, soid by the City to
the Conservation Fund who has since deeded it to the Kachemak
Heritage Land Trust for preservation. Like the subject due to the
topographic features (wetiands and flooding) the parcel has little
probability of being developed.
Comparabie 5 is a wetlands tract northeast of the north end of
Swires Rd. It lacks constructed access and utilities.
3
DERRY & ASSOCIATES, Hnc.
'; Concluded Value: Following analysis of the comparables with
adjustments for variations in the elements of comparison the
- estimated Market Value of the subject property is conciuded at:
$7,600
,~ ie A. Derry~
None
None
This Restricted Use Appraisal Report sets forth only the
appraiser's conciusions and presenis no discussion oT 4ne aafa,
reasoning, and analysis that were used in the appraisal process to
develop the estimate of value. Supporting documentation
containing the data, reasoning, and analysis is retained in the
appraiser's file. The depth of discussion in this report is specific to
the needs of the client as identified in the Scope of Work. The
appraiser is not responsible for unauthorized use of this report.
This appraisai is prepared subject to the following Assumptions
and Limiting Conditions, and Appraiser Certification.
4
DEARY & ASSOCIATES, Fnc.
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NOT/.PV'S ACXN~XLEWEMENT CEPiSFIC4TE OF ONNEqSNIP tNO OE~ICPi:ON p1,pT pGPROVAI LENTflAL VIfW SUBOIV/S/ON ''.,
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DERRY & ASSOCIATCS, Inc.
East on Lawton Drive to the subject parcel. Presumed NE corner stake is at
arrow. Note slope down from street grade to the lot.
Lawton Dr. as well as the east and west boundaries.
DEARY & ASSOCIATES, Inc.
Close-up of standing water, typical for the lowlands within the mid-section of the
parcei.
through the drainage swale of Lots 14 and 15, Block 8, Inlet View S/D near the
subjecYs south boundary.
DERRY & ASSOCIe1TES, Inc.
Note moderately steep bank down from the street.
Sloping terrain within the mid-section of the lot. Tree/ground cover is typical.
DERRY & ASSOCIATE5, Ine.
View west along the east boundary of the lot from near the south boundary.
More standing water is visible. in this area the west side of the lot has a steep
bank up to the rear of the lots in the Central Heights S/D.
I certify that, to the best of my knowledge and beiief:
• The statements of fact contained in this report are true and correct.
• The reported analyses, opinions, and conclusion are limited only by the reported assumptions
and limiting conditions, and are my personal, unbiased professional analyses, opinions, and
conclusions.
. I have no present or prospective interest in the property that is the subject of this report and I
have no personal interest or bias with respect to the parties involved.
• My compensation is not contingent upon the reporting of a predetermined value or direction
in value that favors the cause of the ciient, the amount of the value estimate, the attainment
of a stipulated result, or the occurrence of a subsequent event.
• This appraisal was not based on a requested minimum valuation, a specific valuation, or the
approval of a loan.
. My analyses, opinions, and conclusions were developed, and this report has been prepared
in conformity with the Uniform Standards of Professional Appraisai Practice.
• I have made a personai inspection of the property that is the subjectof this report.
• No one provided significant professional assistance to the person signing this report.
. The reported analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the requirements of the Appraisai institute's Code of
Professional Ethics and Standards of Professional Appraisal Practice, which include the
Uniform Standards of Professional Appraisal Practice.
• The use of this report is subject to the requirements of tfie Appraisal Institute relating to
review by its duiy authorized representatives.
• This report has been prepared as a Restricted Use Report and as such, supporting
documentation is retained in the appraiser's file.
~ !.~ e ~
ulie A. Derry ~
DERItY & ASSOCIATES, Inc.
This is a restricted use appraisai report which is intended to compiy with the reporting
requirements set forth under Standard Rule 2-2 (c) of the Uniform Standards of Professional
Appraisal Practice for a restricted appraisal report. As such, it does not include discussions of the
data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's
conclusion of value. Supporting documentation concerning the data, reasoning, and analyses is
retained in the appraiser's file. The information contained in this report is specific to the needs of
the client and for the i~tended use stated in this report. The appraiser is not responsible for
unauthorized use of this report.
2. No responsibility is assumed for legal or title considerations. Title to the property is assumed to
be good and marketable unless otherwise stated in this report.
3. The property is appraised free and ciear of any or alI liens and encumbrances uniess otherwise
stated in this report.
4. Responsibie ownership and competent property management are assumed uniess otherwise
" stated in thisreport.
' 5. The information fumished by others is believed to be reliabie. However, no warranty is given for
its accuracy.
, 6. Ail engineering is assumed to be correct. Any plot plans and illustrative material i~ this report are
included only to assist the reader in visualizing the property.
7. It is assumed that there are no hidden or unapparent conditions of the property or subsoii that
render it more or less valuable. No responsibility is assumed for such conditions or for arranging
for engineering studies that may be required to discover them.
8. It is assumed that there is full compliance with all applicable federal, state, and Iocal
environmental regulations and laws uniess otherwise stated in this report.
9. It is assumed that all applicable zoning and use regulations and restrictions have been complied
' with, unless a nonconformity has been stated, defined, and considered in this appraisal report.
10. It is assumed that all required licenses or other Iegislative or administrative authority from any
Iocal, state, or national governmental or private entity or organization have been or can be
obtained or renewed for any use on which the value estimates contained in this report are based.
11. Any plat plan in this report may show approximate dimensions and is included to assist the reader
' in visualizing the property. Maps and exhibits found in this report are provided for reader
, reference purposes only. No guarantee as to accuracy is expressed or implied unless otherwise
stated in this report. No survey has been made for the purpose of this report.
12. It is assumed that the utilization of the land is within the boundaries or property lines of the
property described and that there is no encroachment or trespass unless otherwise stated in this
report.
' 13. The appraiser is not qualified to detect hazardous waste and/or toxic materials. Any comment by
the appraiser that might suggest the possibility of the presence of such substances should not be
taken as confirmation of the presence of hazardous waste and/or toxic materials. Such
determination would require investigation by a qualified expert in the field of environmental
- assessment. The presence of substances such as asbestos, ureaformaldehyde may affect the
value of the property. The appraiser's value estimate is predicated on the assumption that there
is no such material on or in the property that would cause a loss in value uNess otherwise stated
DERRY & ASSOCIAI'ES, Inc.
in this report. No responsibility is assumed for any environmental conditions, or for any expertise
or engineering knowledge required to discover them. The appraiser's descriptions and resulting
comments are the result of the routine observations made during the appraisal process.
14. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may
not be used for any purpose by any person other than the party to whom it is addressed without
the written consent of the appraiser, and in any event, only with proper written qualification and
, only in its entirety.
15. Neither all nor any part of the contents of this report (especially any conclusion as to value, the
' identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated
to the public through advertising, public relations, news sales, or other media without prior written
consent and approvai of the appraiser.
, 16. The appraiser herein by reason of this appraisal is not required to give further consultation,
testimony, or be in attendance in court with reference to the property in question uniess
arrangements have been previousiy made.
17. The estimate of Market Value in this report is not based in whole or in part upon the race, color,
or national origin of the prospective owners or occupants of the property appraised, or upon the
race, color, or national origin of the present owners or occupants of the properties in the vicinity of
the property appraised.
DERRY & ASSOCIATES, Inc.
Suggesied bq: Administration
CYTY OF KENAI
RES(3LUT%C9N NC}. 2Q07-49
A RESOLUTION OF THE COUNCIL OF TI~E CITY OF KENAI, ALASKA,
TRANSFERRTNG ~140,000 IN THE RUNWAY IMFROVEMENT CAPI'~AL PROJECT
FUtiD TO COVERANTICIPATED CHANGE ORDERB.
WHEREAS, the construction account for the Runway Tsnprovement Capital Project
fund is not suffacient to cover antzcipated change orders on the project; and,
WHEREAS, funds are available For transfer in the Administration and Engineering
accounts; and,
WHEREAS; change orflers to the project are grant eIigible.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF KENAI,
ALASKA, that the following Uudget transfers be made:
Runcva,~~provement Capital Project Fund
From: Administration $40,000
Engineering 100,000
siaa.ooo
To: Construction ~14D.000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, RLASKA, this third day of July
2007.
PAT PORTER, MAYOR
ATTEST:
Carol L. F`reas, City Clerk
r"
Approved bq Finance: ~
{06/27 j2007) h1
31
Suggested by: Administration
CITY f3F E~ENAY
RESOLUTI6BN NC9. 2047-50
A RESOLtiTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
TRANSFERRING $18,340.24 IN THE 99 STREET IMPROVEMENTS CAPITAL PROJECT
~`UND TO CLQSE OUT A GRAFVT.
WHEREAS, the 99 Street Improvement Capital Project Fund accounts for a state grant
for street improvement projects; and,
WHEREAS, the grant needs to be closed out; and,
WHEREAB, al1 remaining funds in the Adrninistratioxi and Engineering accounts need
to be m~ced ta Constructian so that anticzpa~ed raad consiruction expenditures can
be charged to the grant.
NOW, THEREFOF2E, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF KENAT,
ALASKA, that the following budget transfers be made:
99 Street Improvement Capital Project Ftiind
From: Administration
Engineering
To: Construction
$4,178.64
14,161.60
~ 18.340 24
$18.340.24
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of July
20d7.
PAT PORTER, MAYOR
A7`TEST:
Cazol L. Freas, City Clerk
~~
Approved by Finance;~
(06J27/2007) hl
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Suggested by: Airl~art Commission
CI1`Y flI~' KEIdAI
ORI3INAIV~E NO. 2240-20U7
AN ORDTNANCE QF THE COUNCIL QF THE CITY OF KENAI, ALASKA, AMENBING
KMC 21.10.070 TO GIVE THE AIRPORT COMMISSION MORE AUTHORITY OVER
LEASING DECISIONS WSTHIN THE AIRPORT RESERVE.
WHEREAS, 21.10.070 sets f~rth the dixties and responsibilities of the Airport
Commission; and,
WHEREAS, under KMC 21.10.Q70 the Airport Commissian acts either only in an
adcisory role or is not involved in the decision at all; and,
WHEREAS, The Airport Commission shottld be given additional authority to make
decisions regarding Ieases vn±hin the 9irport Rese*ve subject to a:. appea: ta ~he
CounciL
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASI{A, that KMC 21.10.070 is amended as shown on Aetachment "A.°
PASSED BY THE COUNCTL OF THE CTTY OF KENAI, ALASKA, this 18th dag of ,iuly,
2007.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced: July 3, 2007
Adopted: July 18, 2007
Efiective: August 18, 2007
35
Chapter 2i.~0 LEASING OF AIRPORT EtESERVE L,4tdC1S
2S.1Q.CSTO Ap{alieation processing procedure.
(a~) Hiitial apptication re~view by:
(1 j Assiseant w the City YlanaQer (for applicatioat completeness; confarmance wifh Title 21);
(2) AirportManager (for c~nformance witli The Aieporf Land Use Plan; Aieport Layout Plan,
A~rport Master Pl,an, FAA regn(ations, AIP grant assurances, and airport oparations);
(3) Ci.ty Plai~ner (for conPormaace with tt~e Airpart Laud Lise Plan, Comprehensive I71an,
municipal zoning, and fature airport improvemenS projecYs); and
(4) Cit}~ Managor (for adequacy of tha applicanYs business plan and construc[ion financing
plans). ~
(b) The ahove sCaff shal] presenf Yo the Ci,ty Mauager tl~eirjoinf recommendation for actiou on Yhe
application, snch as rejectio~x, approval, or approval of a staff alternaYive.
[(C} IF THE CTTY MftNAGER CONCURS WtTH TF-TE STAFF RECO:vIMB~I)ATION, THfl
MANAGER WIL7.:
(1} ISSUE A RHJECTION LETTER, STAT7NG THE P~EASONS FOR REJECTION~; OR ~
(2} REF6R THP APPLIGATCON TO TH~ AtRPnRT CdMM. [SSIdN AND TI-IE
PLANNING AND Z~1~IlVG COiviMI:SS(ON FOFZ REVIEW AND COMMENT,
TOGETHEK W[TH THE AhA~AGER'S RECOM~I7ENDATION FOR APPROVAL OR
APPROVAL OF'PI-IE STAFF ALTERNATNE; ANI~
{3} INPORM TIiE CSTY COUNCIL O'F TH~ MANAGE2'S RECOMMENDATION.
(D} II' TF1E CITY M~NAGER REP"GRS THE APPLICATION TO THE C(7MM.ISSIONS, THE
CITY M'ANAG~~R WILL CONSL[7flR TFiE RECOMIviENDATIONS OF TI3E
CONIlVITS5ION5, AND: ~ ~~ ~
(1} [SSUE A REJECTION LETTER, STATIAIG~ THE REASON~S FOR REJECTION~; OR
(2) APPROV~ THE APPLTCATION OR STAFF ALTERNATIVB, AND DIRECT T'H:E
ST.qFF TO TSStJE THG I:EASE; AND
(3} I?~FORM TflE CFTY COUNCIL OF TH~ MANAGBR'S I~'ECISION TO APPROVE
OR RETECT TI3E APPLICATION; OR
(4j OBTAIN THE CITY COL'NCIL'S CdNCURRENCE IF `FHE MANAGER'S
DECISION TO APPRC7VS OR RE3ECT THE APPLICATfON i5 COI~TRARY TO
THB RBCOMMENDATIONS QF T,HC COMMTSSIONS. ~
(E} AN APPLICANT WHOSE APPL,ICATION IS KEJECTEU Bl' THE CITY Iv1ANAGER MAY
APP~AL TO TF~E CITY COLiDICIL WITHIN FLETBEN (15} DAYS FOLLOWING~ THE DATE
ON ~VHICIa 'I'FiB MANAGER'S REJEGTION L~TTER W'AS HAND D~LIVBRED OR
PLACE,i~ ti~~ T'HE U.S. MATL.]
~ The Ci Manaeer shalt:
(1) refer the app#icatian to tLie Plauning and Zonit.e Commissic~n for reviaw and coinmenc on
whether the applicaTion con€oims to the lienai Zoning Code and Comprehensive Plan.
and then~
(2) refer the applicafion and Yhe Plaunint and Zoning Comnlission's com~ments to t(ze Airport
Commissio~i for a decision on wher'her to
(3) a~prove The ap~lieation.
(i7 reject the applica6on arad state Che reasons for such reiection.
Ordinance 224~6• 2007 Page 7 o'L3
Attaclnnent A ~ .
36
(3) `I'h~ Cit~Counoil and Crtv Manager sPiatl 6e informed in writine of the~ decisiozi of the
Airp~ort Commission. An appeat of t[~e Airport Commission's decision inay Ue made
uuder tC1e provisioas of KMC I4.20.290.
~
~ 1'f another comnlete and c~therwise apnrovable applieaYion for lease of the same pronortv
is submifCed bv a difFer¢nt a~sticant bePore fhe Airport Commission apnroves the first
~plicafion_ fhe Cirv Mana_ger will forward the app3ieatio~s, the iv[anazar's
recoi~zmei~dation and fhe Plam2ina ai~d Zoni~~~ Commission's recommendation to Yhe
Airt~ort Cornmission for a decision. Tt~e Airpoil Commission may, based upon ti~e best
interesSs oLYheCifV:
{~ approve one of tl~e ap~lications or
ii r_ej_ecC both aoo}icaTians: or
iii direct the Citv Ma4ia~er to award a lease of The property bv sealed bid.
j{~ TF AIVOTHL;R COMPLETE AND OTHERWISF APPROVABLE APPLICATION i'OR
LEASE OF TFI~~ SA~ME PROYERTI' IS SUBMITTE~~ BY A DIPPERENT
APPI,ICANT ,BEPOR~ TI-~. CI,TY VIANAGER ENTERS I1VT0 A LEASE WIT~I THE
FIRS7:' APPLICAN7, THE CT'T'Y MANAGBR WILL FOR44AF.D THE
APPL~ICATIO1~rS, TI~ iv1AhAGER'S RECOMMEI~DATION AND THE
COMMISSIONS' RECOMMENDATIdNS TO THL; CITZ' COUNCIL FOR
APPROti AL OF THE APPLICATIdN ANTFCIPATED TO BEST SERVE THE
INTERESTS OF THE CT'TY. TI~'E COUNCTL MAY APPItdV~ dNE OP THE
APPLICATIC7NS OR DIRECT THE CITY VIANAUER TO AWARD A L~AS~ OF T
HE PROPERTY BY SEALED BIDJ
[(G)] ~Groands for Yhe [CITY MA'~ACrAR] Aarport Commission to reject an applicaCion include:
(I j The applicanf's failure to provide any clarificatibn or information reqt~ir~d under This
cha~ter;
(2) Tl~e applicant's proposed develop~ne»T or vse of the tand is incoiisistenf wiYh:
(i) Thc zonin~ ardi,nance of The Ciiy,
(ii) "Fhe compreheusive ~alan of Yl~e C;it}=,
(iii) T[te latest Federal Aviation Administration-ap~proved AirportLayoutPlan forthe
airport,
(iv) Any obli~aeivn of the Cit}~ under tf~e Airporl Sponsor Grant Assuranees Yo the
Federai Aviation Adminisiratio~z,
(v) The latesf Air}~ort Land Use Ptan, or
(vi} A se~ulation of the Federal Aviat~on Ad~ninistration applicable to the airPorf;
(3) Tite appGcant's proposed development ar use of tl~e Iand would violaea a Fedorat, Statc,
or local law, includina an ordinance or re~tilation of the City;
(4j The a~p]icanT's failure to reasonal~iq demonsTrate the fi~lancial viabiiity o~f t1~e applicant's
proposed development or of fl~e business tihe applicant praposes to operate;
(5) The applicant is in default ot any cl~arges, fees, rents, [axes, or other sums due and
payable to the CiYy;
(6) The apptie~iat is n~ default of a requireme~~t of any lease ox coniract witi~ the City;
~ Ordinance 2240- 2007 Pnge 2 of'3
Atiachmcne A ~
37
(7) The ai~p[ication is rejected by the [CITY CO[7NCIL] AiroorC Cornmission in favor af
anather a~pGcation for the sarne land under subsecEian (f) af this sectiQn;
(8} Ti7e [CITY COUNCIL] Airnort Commissioi~ decides, akxder subsection [(F}] ~ of this
sectiou, to raject a31 applicatiocus and award a lease of the tand by se.ated bid; ani3
(9} The [CITY C~UNCSL] Airport Commissioii or tbe CiTy Coua~cil deeermines that
ap~roval of the ap~lication is not iia t[~e best interest of tha City.
[(H)]~ The Citv Com7ciF inay waive provisions of this chapter to Iaase property or
interests in reaI property with the United States, fhe state or an Alaska politieal subdivision when
in the judgment of fhe counail it is advantageous to the municipaIity to do so.
~u A decision of the Airport Comnxission made under this section mav t~e appealed
under KMC 14.20.290.
Ordiaiance 2240- 2007
Ati~chment A
Page 3 of 3
38
Suggested by:
CITY C3F KEISE~F
CDRDIPFI~NCE riFt7. 2241-20E37
Airport Commission
AiT ORDINANCE OR THE COFJNCIL OF THE CITY OF KENAI, ALASKA, AM~NDING
KMC 21.20.010 TO AUTHORIZS THE AIRPORT COMMISSION TO MAKE
RECOMMENDATI{?NS TO THE CITY MANAGER ON THE AIRPORT BUDGET.
WHEREAS, 21.20.410 sets forth the duties and responsibilzties of the Airport
ComnussiozZ; and,
WHEREAS, providing recommendations on the airport budget is not included in the
Airport Commission's dnties and responsibilities under KMC 21.20.O1Q; and;
WHEREAS, The Airport Commission should be given the authorit3~ to make budget
recan~mendatians to the City Manager regarding the air~ort budget.
NOW, T.HEREFORE, BE IT ORDAilVED BY THE COUNCIL Qr^ THE CITY OF K~NAI,
ALASKA, that KMC 21.20.010 is amen.ded as shocvn on Attachment "R."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASK~1, this 18th day of Ju1y,
2007.
PAT PORTER, NIAYOR
A1`TEST:
Caro1 L. Freas, City Clerk ~
Introduced: July 3, 2Q07
Adopted: July 18, 2007
Effective: August 18, 2009
39
Chapfer 21.2fl AIF2PORT £OMMI~S%Q~
21.20.010 6uties aatd powers.
Tlie Commissi.on si~alk: ~
{a) Devedop, adopf, alter or revise, subjeeY to approval by fhe Cit~~ Couitcil, a nlastcr plaii for Yha
airpart developmenC.1"his may indude:
f 1) Devatopment of type, loeation and sequence of. all airport terminal€acilities;
(2} Deve[opment a»d ase of all airpore aeronautical lands.
(b} Qbserve, oversee a~id guide in an advieory capacitq, any matters relating to use of airport
runways, airport terrninal and airport aeronautical lands.
(c) Acf i~~ an advisory capacity to t1ie Council and 2he Airport ManaQer.
~ Make recommendatio~is to the City Manager on the airnort bud~et.
Ordinazice 2241-2007 Attachmeiat A
40
,u~y 0 7
care~veac/e~e-an~r~~r~~v ~r~~r~nr~ c,at~nr~a.~~
;1 ~? 3 ~4 5 ~6
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Councit
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8 ~9 10 11 ~ 12 ~ 13
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I 7p; Council
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29
~Ai.4I F.IRPCDRT COMMISSION
JUNE 14, 20Q7
KENAI GI2`Y C~LTNCIL CH.~MBERS
7spQ P.M.
AGE1VEaA
rfiEnn i: c~s,~, ~o csxnER ~a Ras.~ e~a,~.
I'fEM 2; AGENI3F. AI9PROVAL
ITEM 3: APPR~VAL OF NSEETING SUNLMI~RY -- May I0, 2007
ITEM 4: PERSOISS SCI3EDLfLED 1`O EE FiEARD
ITEM 6: QL13 BUSIIdESS
a. D'aseussfon -- Air Fair 2007
b. Biscvssion/Ftecommexsdatioa -- Supplemental Master Plan/Airport
Lease Lot Development
dTEM 6: lYEW SUSIPFE6S
a. Discussion/Rec~ammendation -- Draft Ordinance Amending KRnC
21.20.070/Leasit~g Decisions Within the Airport Reserve.
b. I7isoussion/Ftecommendation -- Draft Ordinance Amending KMC
2 L20.010 JAirport Commission Recommendations Related to Airport
Budget.
c. Recornmen~ation -- Lease Appiication/Arctic Barnabas Minis2ries, Inc. -
- Lot 9A, Block 5, General Aviation Apron Subdivision No. 5.
ITEtt+I 7: 1tEPOR'T
a. Commission Chair
b. Airport Manager
c. City Council Liaison
ITEM 8:
ITENi 3: PEE2SONS N(7T SCIiELEULED T0 BE HEA12D
ITENf 10: IIVFQRMt~TIClN ITEIVIS
a. Kenai City Council Meeting Action Agendas for May 16 and June 6, 2007.
b. Updated Kenai City Council Podicy for Commission, Commiftee, Board and
Cauncil on Aging Meetings and Work Sessions.
a SJ2007 Monthly Enplanement Report
%TE1V~ P i:
44
KENAI AgI4RTpS~OR~{Tq Cryt/3yM,~~IsVIiSSYOF~
~ fJVtFE t"Yy GV4( .
~ra~F c~T~ co~rr~ciL ea-u~~a~~txs
~.oa F.n~.
VICE ~HAI22 JAMES SdELEFELS3, PFLESIDING
MEETINfs 6UNCNd~RY
%TENY l: CALL Ti1 ORDER AND ROLL CALL
Chair James Bielefeld called the meeting to order at approximately 7:05 p.m. The ro11
was confirmed as follows:
Commissioners present: J. Zirul, J. Bielefeld, E. Mayer, L. Parter, D. Haralson
Commissioners absent: H. Knackstadt, C. Versaw
Others present: Acting Airport Manager Bondurant, Council Member R. Molloy
A quorum was present.
ITSM 2: AGENDA AFPROSTAL
MOTIOl~:
Commissioner Haralson M05TET1 to approve the agenda as presented and
Commissioner Porter SECOND~D the motion. There were no objections. SO
012.13EI3EIJ.
I7[`EM 3: APPROVAL OF MEETING SUMMARY -- May 10, 2007
PIYOTIOI~i:
Commissioner Porter MOVEYS to approve the May 1Q, 2007 meeting sumrnary and
Commissioner Bielefeld SECO%~ED the motion. There were no objectians. 50
OI217ERED.
TTEM 4: PEEtS~PtS SCHEDiTLED TO BE HEARD -- None
I2`EM 5: OLD BtTSINESS
5-a. 13iscuss'son -- Air Fair 2007
Acting Airport Manager Bondurant reported another successful event with good
weather, food and entertainment. Ttze FAA breakfast set record attendance and aver
300 people were served at the Kenai barbeque. There were 56 participants in the Poker
Run.
5-1s. Discussioxx jRecaanmendation -- Supplernental NSaster Plan/Airport
Lease Lot Development
45
There was general discussi,on an the £our canfib rations pravided by Wince Cortheil
Bryson.
The commission recammended confi~xration #2 with the follawing changes:
1. Removal of the new paved areas south of Ta~ciway F.
2. Possible lease lot sizes should be espanded to those shown in canfiguratian #1 with
the ability to subdivide to accommodate both commercial and general aviation
development.
tORC9TION:
Commissioner Haralson M~VET} to recommend the eouncil accept Configuration #2
with the above changes. Comnussioner Mayer SECOPYY7ED the motion.
VfBfiE:
1MOTION PASSEI} UNAN'2PdI0USLY.
ITEM 6: NEW BiTSINES3
6-a. 73'sscussi~n/I2ecommendation - Draft Ordinance Amend'u1g KMC
21.20.070/Leasing Decisians Within the Airport Reserve.
Uenerai discussion followed with questions of City Attorney Graves.
MOTTON:
Commissioner Zirui Nf~VEI7 to recommend Council's passage of the draft ordinance
amending KMC 21.20.010. Cammissioner Haratson 3ECCDNL3EB3 the motion. There
were no objections. S~ ORDES2EI3.
6-b. i7iseussion/Reeornxaendation -- Draft Ordinance Amend'rng KMC
2L20.010/Airport Commission Recommendations Related to Airport
Budget.
General discussion and questions to City Attorney. Graves clarified tnat if the Ai*~port
Manager had one version of tne budget and the Commission had anather version; both
versions could be presented to Administration for consideration. Comments were very
supportive.
m~s~rao~r:
AIRPORT COMMISSION MEETING
- JUNE 24, 2D07
PAGE 2
46
Commissioner Zirul MO~I3 to recomxnend Council's passage of the draft ordinance
amending KMC: 21.20.010. Commissioner Porter ~ECf}NTBEi3. There were no
objections. SO ~RDERED.
6-c. Racommendation -- Lease Application/Arctic Barnabas Ministries, Inc. -
- Lot9A, Block 5, General Aviation Apron Subdivision No. 5.
Commissioner Maqer requested to abstain from voting on this issue. There were no
objectians. General discussion of the project. Questions were asked of Graves
clarifyttig the terms of the lease.
MO'CYO1V:
Commissioner Bielefeld I~2~VED to recomrnend council approvai of the lease
applicatior. from ArcTic Barnabas M:nistries, Inc. Commissioner Porter SEC~NDED
the motion. There were no objections. SO ORDEREI3.
~m~n~ ~: ~poRr
7-a. Commission Claaflr -- no report
7-b. Airport Manager -- Acting Airpart Manager Bonduranf gave an update
on the ntnway switchover and she asked that all safety issues be relayed
to her. Bondurant handed out a layout depicting the temporary air carrier
movement map.
'7-e. City Council L'aaisoa -- Council member Malloy reported on actions
taken at tne June 2, 2007 council meeting.
ITEM 8: COMMISSIOit3ER COMMENTS t9NI3 pUESTION8
Questions were asked of Bondurant related to the final designations of the ta~ways.
She will follow up and email the cornmission mem.bers.
ITEM 9: PERSUNS Nf3'i` SCYiEDULED TQ~ BE HEARD
ITEI~ 10: INFLIl2I~TICBI3 gTEMS
flti-a. Kenai City Council Meeting Action Agendas for May 16 and June 6, 2007.
10-6. Updated Kenai City Councit Poticy for Commission, Committee, Board and
Council on Aging Meefings and'GUork Sessions.
10-c. 5/2007 Monthiy Enplanement Report
FTEM 11: AI1JCkLFR1~MENT
Ni01'ION:
AIRPORT COMMISSIOIVr MEETINC`i
JUNE 14. ~00'7
PAGE 3
4'7
Commissioner Bielefeld N[OVED to adjourn and Commissioner Porter SECdNDED the
motion. There were no objections. Sfl7 ORI?~RED.
There laeing no further business before the Commission, the meeting adjourned at
approximateiy 9:15 p.m.
Meeting summary prepared and submitted by:
Corene Hal1, Deputy City C1erk
AIRPORT COMMISSION MEETI\G
JUA~E 14, 2007
PAGE 4
48
:~> ~~~~~
~~ .~ :-
i . ~~ .:,ss..:.._~
1~~'ifC~~e ~vz`~~r ~ ~~~~ Gi~y t~it~ ~ ~r~~r~~~ rm
210 Fidalgo Avenue, Kenai, FaEaska 996 1 9-7794
7elephorre: (907) 283-7535 / Fax: (907) 283-301~
w~n~w.ci.kenai.ak.us
FROM: Carol L. Freas, City Clerk
DATE: June 28, 2007 ~
RE: HARSCDI2 CdMlYdISSFCDN1d2E1~ER COMIUdZTNLENTS
At the June 6, 200'7 council meeting, I ceas requested to contact the current members
of the Harbor Commission to ask if they were wanting to continue their participation
on the commission. Follou~ing are camments received either through Parks tk,
Recreation Director Frates or myself:
MG'IY1.kFET .___ (,`dffiYYPBYlt ....'.
I Bill Osborn Wishes to continue, however udth current ',
work schedule, if other appointments can '
be made, he would step dawn (he would
be able to attend the nex2 two meefings).
f Gary Foster Would like to contnzue.
~
Randy Canady _
Vvauld continue, however due to his work j
; schedule, if other appointmenta can be I
i made, he would step down.
~i Tom Thompson ~ Wishes to continue,
Scott Ramain Tendered his resignation (attached).
Therefore, we have the foIIowing commitments:
l. Tom Tl2omgson
2. Garc Foster
3. Bob Peters
4. Phillzp Morin
5. AIan Poyr!or -- application for considerafion
6. Bill Usborn -- possible continuation
7. Randy Canady -- possible continuation
This affice is prepared to process an agenda and packet for t~'~e neay regulaz meeting
date of Juls~ 9, 2007 .if sa direefed.
clf
49
Page 1 of 2
Carai Preas
From: Scatt Romain [romain@sourceforhomes.com]
Sent: Friday, June 22, 2007 11:13 AM
Ta: Carol Freas
Cc: Bob Frates
Subject: RE: Narbor Commission
Hi Cara! ~ Boia,
Ai this point 1 have rr~ade tha declsion to resign frart~ the comrnission. e'Yease e€~nside~ this my
resignation. Th~nk you and the city fo; thu oppa~fiunEf}~ ta serv~ the community.
Sco:f
6
~o~a~~
r~~edc~ubt €~ealt~r
Keo Fai-Sal~otr~~ Aiask~
Off~ce: 9~J7-2~z-8~55 rxt~ 35
CeIE: 9~7-Z~2-1Q36
Tne Infomiat;on contained in thie emai! (inciuoing an; attachments) le wm"rtlenYai and ¢r,=-vilaged communicaqcn, It you are not ihe InCended reciplertt
oP thls email, do no! read, retaln, copy, tlistribute or disclose tne contenfs of?t~ls emeli, !f you have recetved this emell in ercor, please advigs us by
~ r~turn email. ?hank you.
-----Original Message-----
Fromc Carol Freas [mailto:cFreas@ci.kenai.ak.us]
Sent: Monday, 7une il, 2007 7:3Q AM
To; gkfoster@acsaiaska.net; romain@sourceforhomes.com; canadyl@acsalaska.neY; kreta@alaska.net
Gc: Bob Frates
Sub}ect: Harbor Commission
At its June 6, 2Q07 meeting, the Kenai City Council requested i contact each of you to fearn if you are
interested in continuing your appointment to the Harbor Commission. As yau may be aware, an ordinance
was infroduced at the June 6 meeting to sunsef the Commission. However, we have received two new
appEicatior.s for membership fo the Commission. Those, atong with the current membership would make a
fiulf Commission. Before going forward with making appointments or before consideration of the ordinance,
it is important for the Councii to have the current membership's input.
Your earliest response will be appreciated. When responding, piease reply back to both myself and Parks
& Recreation Direcfor Bob Frates. I will be out af town for the June 2d council meeting. If Bob h2s the
information, he will respo~d to council`s inquiry.
6126i2007 50
Page 2 of Z
Thanks so much.
Carol L Freas, City Clerk
City of Kenai
210 Fidalgo Avenue
Kenai, AK 996i1
Phane: (967} 283-7535, e~ension Z31
Fax: (907) 283-5068
6/26/~007 51
~
~~~~ .
-_ ~~
CITY ~F' I~E1'~AI
"~Flage with a p¢st - City with ¢ future. "
BACKGROUND E~Y~TP PERSQI3E~L DATA -
C~IY3I~ATES FOR APPCSTNMMENT CfpMMITTEES P~IYD
C~MMI6SYONS
RLYTiTRN TO:
KENAI CITP CLERFC
210 P'IDALGO AVENUE
KERAI, AK 99611
DATE: :..~ct ~ t~~% ~I~ .!'G~ ~
NAML+`:
PHONE: 283-7635, ER2'. 231
FRX: 2~3-SOfa~
Resideat of the City af Keasi7 `t r~'C Kow Ioag? ~,~ ~('C
_ I~
Resideace Address
Mailing Rddresa ~;~i~l~ i L~L~J~~P! ~r`~. Home Teiephone No. ra.~~,~G?~P
Hflme FaY No. Business Telephone Na_~~j.p °:.~ ~fi~`~tt
Bnsiness Fa1c I3o. Email Address: ' T~r .! ~-~~_
May we inclu e yaur contact.information o our web pa~e? ALL ~not al ,~rmation may we
include? /~~r t~1 SN'~/'~ ~ig~'U'~ ~-- ~ r
EMPLOHER: ~i~C?7k?~J ~(~~~~'iY+~, Job Titlc l ~~1iicGr/i+C+ ~C.~s°!'f~G"Q'y~" ..
n .vJ
NAli~E OF SPOLTSE:
Current memb~rshig in organiastioas: "'l ' ,~L~f~
Pasg oxganiza~ioaal member~fiips: ~ ~e„~ ~ `~,~
COMMITTEES OTt COMMISSIdNS TN WHICH YdU ARL~' IN'fERESTED:
SignaYUre
j2
WA~T E.~CKGROUNNi}, ERPERTENCE, OR CREDEN'Y'TA$.B Ls0 YOU PQSSESS TO BRING 1'E3 THE BO~RD,
~
' ~ ~~:~'~
_~_
:~
I ~~e ~~/~~ ~ /
"l f
KEN1~~ 51ER
rr~GlfG~~! ~ LtlG~f1 l~ pOS~ ~l~ LiIG~~ GI ~tti~LtYt°. ,r
210 Ficfalgo Avenue, Kenai, Alaska 99611-7794 .,~
Te4ephone: 907-283-7535 / FAX: 907-283-3014 r~ C~ I~'
7952
~ ~
•
Td: City Council
~%~ FROM: Rick Koch
~v
~
C}ATE. June 27, 2007
SUBJECT; PR(SM Training Facidity Financia! PerFormance
The purpose of this correspondence is to provide a report regarding the financaal
performanee of flze PRISM Training Faeility far this fiscal year.
As part of the agreenleut with AAI tern~inating their manaoement and operational
respansibility for Che faoiIity, tha City purebased the props and equapment owned by AAI.
The eost ~~as $ 250,000. Qur agceement with t1~e Stafe of Alaska provides for repayment
(without interest} of this expenditure at $ 25,000 per year if revenues generated by
trainina operations are avaiTabie. We wi11 discuss Yhie item with the StaYe of Alaska
following fiscal year-end accounting.
The Caty began receiving revenue from the lease of office space in the PRISiV1 Faeility
begrnning in October 2006. The City assumed operational responsibility for the FaciIity
fram 5anuary l, 2007 through March i I, 2007. Revenues from office leases and trainuig
aperations totaled $ 75,894.52, while expenses for this time period totaleci $ I08,938.3J.
The majority of the net loss of $ 33,043.79 was attributable to major maintenance items
oonstituting Ii£e/safety issues tkat ware required t.o be acldressed prior to transferring
operational responsibility to the Sfate.
Beginning March 12th, the State of Alaska, DeparE~nent af Public Safety, Division of Fire
Preven£ion assumed operational responsibility for the faaility. ToTaL revenne for the
pesiod March 12, 2007 through 7une 32, 20~7 is $ 2d1,096.93 (avg. $60,000/month}.
Expenses tor this same time period were $ 143,291.81 providang a net snrplus of
$ 57,80512. We have estimated increased expenses of $ 15,000 from June 22°d until
year-end resulting in an estimated year-end net surplus from operatians of $ 42,805.12.
53
Prism Training Facility
Airport Fund
Training Revenue Jan. 1- Mar i2, 07 3i,018.35
Rental income
HEA 41,02572
Union Oil 3,850.45
Tofal Revenue 75,894.52
Expenditures
Salary 10,9$1.24
Prof. Svcs 19,667.70
Repair & Maint. 27,542.88
Utilities 42,782.02
Other 7,33H.57
encumbrances 627.90
108,938.31
Net 33,043,79
Purchase training props 250,000.00
PR1SM Fund
Revenue Bllled Through June 22 204,096.83
DFP Expenditures 134,529.65
Other: Salaries paid by City 8,762.16
Projected thraugh YE * 15,000.00
Net 42,805.12
Known items to purchase
Compufer control system 45,40~.00
* fhis is purely an estimate, no data exists to make a projection from,
~4
~tV °Cla~e w~~~r ~ ~a~~; ~i~ ~vit~ a ~s~t~~°e ~~
210 Fidaigo Avenue, Kenai, Alaska 99611-7794
Telepho~e: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
1Wi~~~ 1~ l~ V 1F1
TO: Ma.yor Porter and tlie Kenai City Council
FROM: ~ Cary R. Graves, Ciry Aitorney
DATE: June 27, 2007
RE: 1i~Funicipat Itegalation of Soat Laanches Outside of KRSA3A
Because of the de"isian to adopt r.e~v er~ine ard bcat nse regLrlaTions for t,ize T,Cenai ° iver Special
i~~fanagement Area (KRSMA}, Councilor Moore requested I examine municipal regulation of
boat launches outside of the KRSMA boundazies.~
The ICRSMA t~oundary is a little upstrearn otthe Warren Ames Bridge, although the boundary is
usually described as #he bridge ibr canwnience purposes. The City of Kenai owns Yhe riverbed
seaward from the boundary of Alaska Tideland Swvey 272 ta the mouth of the Kenai River.
That includes the riverbed from the KIZSMA boundary to the mouth of the river.
Because any municipal rulas should be consistent with state regulations, a summary of the ~ew
xegu3aTions is usePul. The new zegufations were designed to respond w dze Departmei7t of
Environmental Conservation's designation of the Kenai Rivea as an "impaired waterbody ". The
problem was largely caussd b}= the gasoline emissians frorn two-stroke mo2ors on sport fishing
boats. The xegulations have six main pravisions. They aze:
1) On January i, 2008, boats operafing in KRSMA may use motors ~ip W and inciuding 50
horsepower, but all motors larger than 35 horsepower must either be four-stroke or Direct
FueI Injected (DFTj two-stroke engines.'
2) In 2008 and 20G9, all power boats aperating in KRSMA during July must use either four-
stroke or DFI two-s€roke angines.
3) By January 1, 2010 alJ. power boats in TCRSMA, including Kenai or S1ciIak Lakes must
ha~e either four-sGroka or DFI two-stroke engines.
4} Z'he 50 horsepower Iimit does not apply to hoats ir~ the Kenai ar Skilak Lakes ar for one
mile downstream from tlte River's Kenai Lalce outlet, although th~ fouz-stroke or DFE
two strok~ requixement will appty as of Jannary 1, 2008.
~"I`he proposed r~;gulations musY be sent to the Department af,Law for review and si~+ned by Lt. Governor Parnell
and then undergo a thirty-day waiting perioci before they take effect. AS 44.62.140. Because of that timeline, She
regulations may not take effect until Che fall. ~~
~ ~ For a~ expta.n,azion o; tihe difFerence, between t~.e two types of engines see. h~~.lle~~..wiktpedia or~N~ikrl"r"our-
-- stroke cvCle and http://en.wikipedia.org/wiki/Two-stroke,_cycle.
55
5) The izew xe~zlations limit boa~ size in KRSMA to a maximum of 2T feet 3o~g and 106
inches wide. Thase people who can prove they owned boats Iarger than that before the
nsw regulation may geY a permit allowing use of oversized boa4s until Deoember 31,
2009.
6} Beginning on January I, 2010, the boat size limit will apply to all powerboats except on
Kenai and Skilak Lakes.
In Alaska home rule municipalities have "all legistative powers not prohibited bv law or
charter."3 However, the State has sole statutory authority over fish and game 4 Because of
pervasive state control in regulating fish and gaane, the C'sty is pre-empted from regulating the
fishery or enacting regulations in conflict with state boating rules.5 For example, the Citp could
not just regulate the engine size of boaters utilizing the dip net fishery outside of KRSMA at the
mouth of the River because that would be regulating the fishery.
The City may enact regulations under its land use~ or police power~ authoritp outside of
KRSMA that w~re not in conflict with State boating regulations. The prii~aary focus of any Cit~~
regulations would presumably facns on the issue of water pollution dne to fhe use oP two-sfroke
engines. The City could impose Iaxid use (i.e, zc~ning) restriations on boat 1au2iches re~ulating
engine size and type that were consistent with the new State regulations.K
It aritl 6e dif.ficult to construct rules eonsistenC wifh Sfate regulations due to the vazied hoat uses
from the bridge to the mouth of the river. The mouth of the river is used by a wide variety of
boats, wiYh different engine types fbr a wide variety of uses. For exampte, resTricting boat
launches frorn launching boats over 21 feei long or 106 inches wide or with oixtboard motors
over 50 horsepower could unreasonably restrict boaters who use larger boats and engines to
oparate in Cook Inlet.
In my opinion, the best first step to work on the pollution issue at the mouth of the River is to ask
the Baard of Fisheries to impose regulations on the dip net fishery, outside of KSRMA, that
reduce the poliutioiz caused by two-stroke motors. Once the result of the request to the Board of
Fisheries action is known, the Council couid then look at what tand use control measures aze
both legal and practical to regulate use of two-strake motozs at the mouth of the River.~
Pleasa Feel free to let me know if you and have qnestions regarding this memorandum.
' Article X, Section 11 of the Alaska ConsriYUtion. See also AS 2935.A00 which p~rovides that, "A liberal
consTruction sha13 be given to all powers and functions of a municipalitv... conferred under this title.°
° AS 16.20At0(a)(1).
5 Macautey v. Hitdebranc~ 441 P2d I20, 122 (Alaske 197?}.
6 Title 29 oPthe Alaska StaCUtes grants land use authority to horoughs. Pursuant W AS 29.4~O.OID(b) the Kenai
Peninsnla Borough has delegated. its land use authoriYy within the munlcipality ta the City of Kenai. See KP$
Ordinance 84-4Q enacted Jnne 5, 1984. ~
'"Police Power" is a municipalities "power to safeguazd the health, oomfort, and generai welfare of fneir in6abirants
by such reasonable ragulations as are necessary for the purpose" ;~hcQuillen Mun Corp §2433 (3'a ~d)(Footnoce
omitted).
" Enftircement of any such regvlations could be prob[emafic and could require additionat City personnei.
' Examin9ng the practiealitq, effeet and fairness of any City boat launch reb lations might be a good project to re- ~
invigorate fh~ Aarbor Commiseiou. ~ - ~
56
INFORMI~TI~N ITEll9S
Y{E1VA1 CI1`Y COUNCFL MEE'1'IlYfx
JULS' 3, 20~7
1. 7/3 f 2007 Purchase Orders Between $2,500 and $15,000 for council review.
2. 6/22/07 Public Works Departrnent, Project Status Report.
3. PubTic Library Associatiot~ President's Program and Awards Presentation noting
the EBSCQ Exceldence in Small and/or Rurat Public Libran,~ Service Award to
Kenai Community Library.
4. 6/ 18 j 07 City of Soldatna letter af congratulations to Mary Jo .3oiner, Director,
and staff, Kenai Com~nunity Libra~y.
S. 6/ ld/d'7 Alaska State Auxiliary Fraternal Order of ~agles thank you letter.
6. 6/ 16/07 George L. Ford letter to Chief Mike Tilly and Kenai Fire Department for
quicn <-espanse anfl excellent eare in @uring his family's emerbency.
7. Responses/statements reiated to City of Fienai Resolution No. 2007-38,
Supporting the Development of a Copper, Gold and MoIybdenurn Mine af the
Pebbie Porphyry Prospect Nortnwest of Lake Iliamna, Alaska.
8. 6 JS J07 M. I,opez, NORSTAR Pipeline Company letter relatecl to Yhe possible
development of the Cosmopoiitan pros~ect and courtesy notice related to
conducting of various surveys, studies, and testing arithin e~:is~ing rights of way
along the Sterling Hi;hway, Kalifornsky Beach Road, Bridge Accass road and a
combination of section line and private easements paralleling the Kenai Spur
Highway and noting city properties near ihe proposed pipeline project.
57
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Project Sta~us ~epart
H=Active
NC=Non-Constracfion
F=EUture
STIP=Siata Srans. Imp
RK - RicR Koch
JL - Jack La Shat
RS - Rabert Springar
MK - Marilyn Kebschuli
Jet - Jan Taylar
~~e~~ Gtty Cuntaet Project Name status
srm
A JL Airpart Runway Sa#ety Runway has been shut down and taxiway is being
Zone/Extension used as a temporary runway. New Iighting being
installed, road consYrucBon, etc.
A MK Airport Suppfemental Planning Proceedi~g with implementation. Phase 2 Fina!
Assessment Reports pri~ted. Issued Amendment 3 for drafting
airiine negofiafino~agFeement Dra~t expected by
6/301D7.
A JL Contaminated Soils - Shop Wiil connect existing shop restroom to new sewer.
No funds for further work.
A RK Kenai River 81uff Erosion The Corps has received funds to help with the
Control Project tlesign and answer any questions trom fhe study
and agencies including obtaining the Corps Permlt.
. City working with Corps consuitant. Tetra Tech
~ main cansultanf. R&M is driliing manitoring weqs.
A J~ Kenai Soccer Fields Two complete fields, fwo pattial fields, water
sysfem, one-half perking iot awarded an 3/21/07.
Change Order approved to topsoil iwa more felds
and finish parking approved. CIC working.
A RK LID's - Shamrock Circle WiA be scheduled far paving during next yea?s
pmjects.
A RK LID's & Miscetlaneous Paviog - McCoflumlAiiaklJaponski LtD; Angler LID; 8et Net
2007 LID; and Miscellaneous Paving Projects has 6een
avdardeB to QAP. NTP issued. A!I projects to ba
campiefe by Augusf 15, 2007. Angler Drive,
McColi~m Dr.: and Japonski have been paved
A RK Water System HDL is revievding #iles on wells and treatment. At
issue: WH2 Water Treatmenf; Arsenic Treetmenf,
WH4; On-site welis for parks ~awton Dr. Water
Main; Water Study Update; and acfivating old vdells.
. Friday, June 22, 2067 Page 1 of 2
59
art~r~r ~ty Co~tact ProJe~t ~tame Status
sr~
RK Witdwootl Water Main Bids were rejected at 6/20/D7 council meeting.
New bid opening scheduled for June 26.
JL Boating Facility Ezit Raad Paving one half of the parking lot and widen the
road. DOT driveway permit onto Bridge Access
Road has been applied for. City to wi6en road.
Paving possibiy near the end of the summer.
F JL Maintenance Shop PreGminary plans a~d specificafions compiete.
STIP DOT - 6ridge Access Pathway Pathway along Bridge Access Road from K-Seach
io Spur 3.3 miles...Project In eovironmenta!
~ assessment, Design scheduletl FFY08.
Construction after FFY09. City Manager talking to
ADOT.
Friday, June 22, 2007 Page 2 of 2
60
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of ~~~~~~~~~.
i77 1V`orth ~f~-e~ W 5~ric~mtce~s, ~iflas~:~ 44Gfv) ~ Ibhone: ~9E17} 262-9ACD7
Of'fiee of~ ~:~~ ;~~,~~t~~~w
June 18, 2007
Mary Jo Joiner, Director
Kenai Pub(ic Library
163 Main Street Laop
Kanai, Alaska, 98811
Dear Ms. Joiner:
On learning you are a refativaly recent resident fo our cammunity, welcome! We woufd
like fa affer you ar~d your staff our sincere congratuia4ians for receiving the Nationai
Pubfic Library Associafion's EBSCO Excellence in Smalf and/or Rural Public Library
5ervice Award.
We recognize your initiative and creativeness in deveioping a usefui health refarence
library, based on your polf of community health concerns, which can benefit both
residents and visitars to the Kenai Peninsula Borough. We also recognize #he value of
our public li6raries to ourcollective community educational outreach pragrams, and wish
you continued success in alI of your endeavors.
Again, congratulations on ajob well done and for an award very much deserved.
Sincerely,
~~~ ~ ~~~~ ~ ~ ~ ~~:~~
David R. Carey, ~r Margaret Hawkinson, Director
City of Soidotna Joyce K. Carver Memoria! Library
~~~~2%c~~'~ ~/'~7~ ~/i~L~-+c~~1 y
Richard Hahn, Chair Teresa Fahning, Presidenf
Soidotna Library Board Friends of ,loyce K. Carver Memoriai Library
cc: ~Ms. Pat Porter, Mayor
CiYy of Kenai
63
~ , ~ 1~laska ~tate Au~iliary
~ : r~~ ~;"~ Frat~rnal ~rder ~f Eagles
,~ t
~~~~ ~~~ ~~~~
~~~ ~~~+~,~~.~=~~
~~~~~s~~ a~ ti~~ ~~~~~~e~~~+ ¢~fr °'~a~r ~~°~~aed~°' ~~ ~h~
~~~~~ a~ ~~a~~ ~sas ~~~C ~~~~ c~a~~E~ ~~~~~a~p ~~o~ ~~~~
te~ e~~~~y ~E~~ ~~r~~~rs~~~sas ~~s~,
~~~~ ~~~a~, ~~~~~~ f~~° ~~6 ~~~~° ~~9~e
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~~~~ -~ ~~ ti,~/ fi ~? l ~ .lc.e~r.,.F~
° ~,~-'~x~,~=:-~-~.~w ~%~'f~..s_=.yX-~~~l-e..se,-.'~
~.~~~~~~~~~£~ ~~~~~~ ~~5~~i~~'~~~~ ~~6~'46@'i9'~'~~~
~~P~~E~ $~~~~~t~ ~~~~ ~
64
-'~'4 w w c~a-
5 q
M ~•
~
526 Asfi Avenue
Kenai, AK 996~1
. ~ {907} 283-7700
thegriz~ acsalaska.net
June i6~ 2~{~7 r ~ n r~~
~ ~
Chief Tilly `~~~ ~ ~
Emergency Department f = ~~ ~ ~' ~~~~~ ~
City o# Kenai a ~
210 Fildago Ave. ~ .-- ~ *Q ~~
Kenai, AK 99611 0 ; ~
t ~..-~ -~~V"'_
Dear Chief Tilly:
I want to commend your staff on their quick response and careful care they gave to
my wife; Mary Ford, when she collapsed last Tuesday at our home. They had to work
under restricted condi#ions and yet were very careful not to do any harm.
She also received excelfent care at the CPGH emergency department and was
reieased after about six hours. Apparentty she had become dehydrated due to the
stomach flu she had besn fighting.
Sin ~ rely, ~ ~~ )
~V~~''/`r rV ~v"%r,C,~' !,
l ~'.~1~'7~~~' ~
Georg.e~L. Ford
cc, Pat °orter, PJ~aycr
65
Page 1 of 1
~aro! Freas
Frorra: Rae Arno [raemarie@pobox.mtaonline.nef)
Sent: Monday, June 25; 2007 10:34 AM
To: kenaimayorl~@msr..com; cpajoe@altrogco.wm; Iswamer@acsalask2.net; rassrck@hafmail,wm,
bob@mollyforcounciLcom; barry_eldridge@yahao.com; mboyle@alaska.com;
ankd200o@hotmail.com; Carol Froas
Subject: Pebbie Mine
The date of your councif ineeting is passed and I do not know your decisions regarding support of the Pebble
Mine.
I sincerely hope, however; that you all recognize that blg money is temp4ing and attractive, but temporal, Once we
have destroyed the true values of our state in exchange for big monay, we wiil soon have neither.
Those of you who support the Pebbie Mine, I hope, if the mine is buiit; that you have a blast with all your money
and that your grandchiidren forgive yau.
Rae Arno,
23 year resident of the Kenai Peninsula and 24 year resident of MatSu.
6i26/2007 66
Page 1 of 1
Carol Freas
From: Lauren Graham [laurenafinegraham@yahoo.comj
Sent: Thursday,June 21,2067 5:53 PM
To: Carol Frsas
Subject: Pebble Mine
Please, do not support a resolution in favor of the Pebble Mine. Haue you ever been to the IIiamna Lake
area? It is incredible, and the waters that came from that area u-e extremely imporiant for salmon and
other wild cr~atures. I' jast don't believe that a 20 mile open pit mine conld possi`b1e ba "safa" for
anybody. Montana and od~er states have banned cyanide leaching because of tt7e devastating effeet it
had on the environment- what makes this a safe pracfice iis Alaska?
Thank yau,
Lauren Gral~am
P.d. Box ]4l2
Diliinghaan, AIC 94576
Get the Yahoa! toolbu• and he alerte(t to new esnail_wherever you're surfiing.
6/26/2007 67
Page 1 of 1
Carol Freas
Prom: Anton Johnson [buqadee@yahoo.com]
Sent: Thursday, June 2~, 2007 10:08 AM
To: Carol Freas
Subjeet; Pebble Resolution
Bom and raised in Bristol BaS~, now living and working in Anchorage. I use my vacation time to go
home to Bristol Bay to fish, both comznercially and for suUsisteiice purposes. Northern Dynasty and
Pebbie Mine threatens our way of 1i£e that has been handed down froin generation to genexation for
1000's nf years. I do realize ihzs mine can create some jobs for the area, abonf a 1,000 or so in tlie long
run, but that is nof much fox au area witb a populafion o£ around 8,000, asxd mosf are commercial
fisherman. Fish is worth rnore than goid, and if taken care of, wil'1 provide for our childrens children and
their children, v~d so on, as opposed to the Pebble Mine thaf will be done and over with in 6Q-70 years
with a toxic waste pond fhat will Ua fliexe long af~er Nortliern Dyuasty has left, forevzx fltreatening om•
most prized resoiuce, salman. The bottom line:
a The Pebble nfliite threatens our cleaxi water, our salmon, our jobs, and our t~lastcazl wa.y of 1ife.
. lt's a efioice Uetween protecting fish and cvildIife habitat and producing goId and copper. Our warld.
ctass salman are the real gold in Bristol Bay. Pleas~ snppoi-C renewable indu,siries, like fishing aud.
tourism.
a We are not against all mining, buT this is tlae wroiig placa for ahu~e open pit mine. There's just too
much risk
Please reconsidet your aYtempt to pass a resolution supporting this mine, it would be ~reatly
appreciated by many BB xesidents that deperids on our fieh and wildlife to make and eam a living.
Thant: You and have a b eat day
~z~onc^ W. Uohn,~o~?
Shape Yahoo! in your own image. Tc~ia o~~ lE]_e.2warlc Res„e rcn ~?an~I toda~~!
6/26/2067 68
Page 1 of 1
Carol Freas
From: stcats@juno.com
Sent: Thursday, June 21, 2007 6:57 AM
Ya Carol Freas
Subject: Mining
Daar ICenai City Clerk Carol Freas, Mayor Porter, and Councit Members:
I cvas born and raised in Alaska. The Pebble mine #'nreatens our clean water, our salrnon, onr jobs,
and the P.laskan way of Iife. Our warld class salmon ue the real gold in Bristol Bay. Please snpport
r~newablo iitidustries, Iil~e fishin~ and tourism. I am not against all nxining, but this is flie wrong place
for a huge open piE mine. There ic too n~nch risk in allowing the Pa~ple mine.
Tnank you far your considerarion.
Sincerely,
~eleste "!"home
6/26/2407 69
Cara[ Freas
From: Dee Langenbaugh [deelong@alaska.com]
Sent: Wednesday, June 20, 2007 1:42 PM
To: Carol Freas
5ubject: Re: Pebble ~iine
Dear ~s. Freas,
I am w:.-icing to urge you to p~.ss along my no~e to your mayor aad
city council.~ S unders~an3 tney are cor~sider:ng gaesing a resoiution
supnorting develcpment of ~he Pebhie Mine.
' The developers obviously have a 1ot of money to spend in their
ef£ort to onen what would be the largest open pit mine in thE U.S. We
supporters of the °isheries in Bristol Bay do net, but we car. stiil
zrgue.
2 have visited my parente in Silver City, New Mexico, wnere tnere
uras an enormous Pnelps Dodge coppe: mine for many years. Have you
ever seer. a large open pit mine? Put ^op>_n~oit mines° in Googie, ~hen
hit image. Na6~ imagine ~he dust clouds tnat blow flu~ing dry weather,
the sloppiness during rainy seasons, then add tiz.e ~ollucion -
cyanide, minerals leaching into thE groundwater, aad a11 of thi~ at
cne headvrate~-s of the str>_ams that lead i.nto Bristol Bay, `..he most
productive salmon ~isnexy in the world.
The Phelps Dodge~min.e clcsed some years ago, iea.ving a nuge hole in
the ground and =_conomic hardship in the county. The liccie towns of
Tyrone and Hurley werp devastate3. .
All mines come to an end eventually. Salmon runs, if well-managed. do
not. wny would any Alaslcar.s support an industry owned by outsideis
who v~ill reap the profit and never see the river~ die?
~ Why wouldr.'t any Alasxans supnor= the Bris~ol Bay fisherie~, a
. proven zsset for well over a cen~ury?
, I know at 1=_ast some of you won@er why a person in Juneau t£ormeriy
;~~of Sitka) vrould be wr=ting you. We11, Ftenai isr.'t ~n B2istoi Bay or
~~~ near I=iamna. A resolution in iavor would make valuable propaganda
for the mine develo~aers - it coulo. be used ir_ ada Outside to show hom
Alaskans are in £avor o~ Pebble Mine, and only those iittle tree-
huaging environmentalista cppcse it.
Tne main reason 2 am m~riting you is b=cause I am an historian.
Aiaska nistory is my field, and AlasY.a's nistox-y is replece with
mining booms and 'nus_s. And who made the money from the boome? 2±
certainly v~asn^t the Alaska miner. For many, many yaars Alasica has
been *_he warehouse where ot:ne_e come and rummage around for gold. or
other natural resaurces, take it, then leave. Du,e to some Earsighted
I~laskan leaders, the oi1 pipeline has led to wealth ior all ~laslcanu.
However, how much wealtn has it generated for Big Oil?
~nough. I wish 2 could attend you= meecing in pereon. I exaect I
know at leas*_ some o° you througn my booicstore and man shop, so w
send my .egards.
.. Since?-ely,
Dee
Dee Longenbaugh
The Observatory, ABAP.
299 North Franklin Street
Juneau, P.laska 99801
9C7/585-9676 .
www.observatorybook_s.com
Since i977
"It~s not the destination tnat is imporLant, buc the journey." J. S.
1
70
CaroE Freas
From: George Mafz [geomatz@alaska.net]
Senf: Tuesday, June 19, 2007 5:21 PM
To: Caro! Freas
Subject: Resolution 20D7-38
Cook In1et zalliance
PO Hox 2?21
Aome_, Alaska 99503
June 19, 2007
Ker,ai City Council
210 Fidalga Avenue ,.
Kenai, A1asl.a 99611
Re: Resolutioa 20C^-36
Dear C:.tv Cauncil:
The Cook Inlet A1liance, which is comprised of Kenai Peninsula citizens
dedicated to nromoting the responsible use and management of public
resources impacted by mining and related industriaiization, would like to
comment on Resolution 20C7-38 which asks tne Kenai City Council to support
devalopment of the Pebble Nine.
we fin3 serious contradictions in Resolution 2007-36 and urge that the
resolution not be approved because o= =aulty wording. Tne resolution asics
'~support for the development of a mine at the Pabbie Porphyry site, ir, an
er.vironmentai~y.and culturally responsible manner." Wri1e virtually
eve~ryone interested in thi~ project sugports~environmen,tally and culturally
responsible 3=velopment, the purpose oP thE permitting process is to
decermine if ar:fl how ~~his may 1~e aaccmplished. Since tre permitting process
is far from campleGed, tnat determinatior. has yet to be made. Nevertheless,
Resolution 2007-38 continues on by askin.g ~hat tne mine be brought to~an
"ore production stage in an ar.pedient manner." In essence, the Re~olution
asks tha~ deveiagment of the mine proceed before knowing if environmental
and culturai issues have or can~ne --esolved. This violates even the
"wait-and-see" and "reserve judgment until the final plan is rel=ased"
approach recommended by Northern Dynasty. .
Ever if the permitting procees had reached a decision, the cook Inlet
Allianae is not convinced tnat the ex.isting process will provide the
information or conditions needed to assure that there vri11 be "no net loss"
of iisn if the Pebble Mine is developed, yie believe that some of the
checks-and-balances tha*_ were recently "streamlined" out o{ the permitting
piocess have increased the chance that cn~ Pebbie N,ine wiii not be
zero-risk. Although some claim that mine deoelopment in Alasl:a must comply
with a rigorous pern~itting process, we r.o*_e that recenc2y seme permits Y.ave
been i-uled illegal, wnich seems to contra3ict that cla~m.
Given all the uncerta:nvy tha~ e•r.ists,~we urge you tc note "no" on
Resolution 2007- 38.
Sincerely,
George Matz
CIA Issues Coordinator
71
' B
KENA1 CfTY OF
or Current Resident
210 FIDA~GO AVE STE 200
KENAl, AK 99$11
Re: Gosmopolitan Pipeline
Courtesy Notice
Kenai Peninsula Borough Tax Identification No. 04501030
Dear 5ir or Madam,
~ i r r
P y „
Ed i
Pioneer Natural Resources Alaska, Inc., (Pioneer) is in the pmcess of appraising
and plannina the possibie deveiopment of the Cosmopolitan prospect, located at a site
approxirnate(y five miles north of Anchor Point To support the activity, Pioneer is
proposi~g two pipe{ine instal{ations. First is an &"diameter, 74-mile oil transmission
pipeline beginning at the site aod continuing north to the Tesoro Oil Refinery located south
of Nikiski. Second is a 4", 15-mile natural gas transmission pipeline from the site and
ending at ENSTAR's gas ragulation facility located in Ninifchik.
During the summer and fall of 200~, Pioneer, its contraotors and agents may be
conducting various surveys, studies and testing within existing rights ofi way alang the
Steriing Highway, Kalifornsky Beach Road, Bridge Access Road and a combination of
section line and private easements paraile(ing the Kenai Spur Highway. While conducting
a survey does not require a natice to land owners of a probable survey, your safety and
awareness of our presence is important to us. This courtesy notice is provided to you since
your property known as, T 6N R 11W SEG 33 SEWARD MERIDIAN KN 2007008
BARON PARK SUB 2007 FiEPLAT TRACT B1, is located near the propased pipe6ne
project. Pioneer, its contractars and agents, acting under AS 09.55280 (Entry Upon Land)
and AS 34.65 {Land Surveys) may enter lands owned by you for the purpose of locating
right of way boundaries. Additionally, Pioneer, its contractors and agents, may also be
obYaining material samples, conduoting culturai and environmental studies within the stated
right of ways.
For any questions, please call me (907} 334-7743 or 1-800-227-5385. You may
also contact Tadd Owens at Pioneer Natural Resaurces Alaska, Inc., {907) 343-2~ 01.
Sincerely,
~~~~
Manny Lopez, SRNVA
flight of Way Agent
NpRSTAR Pipeline Company
NORSTAR Pi}~eline Company, P.O. Box 19(72R8, Anchoraoe, Alsiska 99519-628A
72
~y ~ , ~
~~~~~v ryi ~,<~.~~ .
~~~~~~ ~~~
KENAI CI7Y OF
or Current Resident
210 FIDALGO AVE STE 200
KENAi, AK 99611
Re: Cosmopolitan Pipeline
Courtesy Notice
Ke~ai Peninsula Borough Tax identificafion Nn. 04901131
Dear S+r or Madam,
June 5, 20Q7
Pioneer Natural Resources A(aska, Inc., {Pianeer) is in the process of appraising
and planning the possib~e development of the Casmopofitan prospect, located at a site
approximately five miles north of Anchor Point. To support the activity, Pioneer is
proposing two pipefine instailations. First is an B"diameter, 74-mile oil transmission
pipe(ine begi~ning at the site and continuir~g north to the Tesoro Oi( Refinery focated south
of Nikiski. Second is a 4", 15-mile natural gas transmission pipeline from the site and
ending at ENSTAR's gas reguiation faci4ity focated in Niniichik.
During the summer and fall of 2407, Pioneer, its contractors and agents may be
oonducting various suroeys, studies and testing within existing rights of way along the
Steriing Highway, Ka(ifornsky Beach Fioad, Bridge Access Road and a combination ot
secfion line a~d private easements para[leling the Kenai Spur Highway. While canducting
a survey does not require a notice to land owners of a probabie survey, your safety arzd
awareness of our presence is important to us. This eourtesy notice is provided to you since
your property k~own as, T 5N R 1iW SEC 4 SEWARD MERIDIAN KN TNAT PORTION
OF GOVT LOT 10 LYtNG SOUTHWEST OF SRIDGE ACCESS FIQ & LYING NORTH &
NORTHWEST & NORTHEAST OF USS 4563 AMENDED, is located near the proposed
pipeline project. Ploneer, its contractors and agents, ac#ing undar AS OB.55.280 (Entry
Upon Land) and AS 34.65 (Land Surveys) rnay en#er lands owned by you for the purpose
of lacating right of way boundaries. Add'+tionaAy, Pioneer, its contractors and agents, may
also ae ohtaining material samples, conducting cultura( and environmentai studies within
the stated right of ways,
For any questions, please caii me (907} 334-7743 or 1-800-227-5385. You may
also contact Tadd Owens at Pioneer Naturai Resources Alaska, Inc., (907) 343-2101.
Sincerely,
~~~~
Manny Lapez, SRNVA
Right of Way Agent
NORSTAR Pipefine Comparry
NORSTAR Pipe[ine Company, P.O. ~P3ox t902S8, Anchorage, Altiska J95! 9dyLgg
73
r
KENAt CITY OF
or Current Eiesident
210 FIDALGO AVE STE 200
KENAI, AK 89611
Jut~e 5, 2007
Re: Gosmopolitan Pipeline
Courtesy Natice
Kenai Peninsula Barough Tax identification No. 44501003
Dear Sir or Madam,
Pioneer Naturaf Resources Alaska, inc., (Pioneer) is in the process of appraising
and planning the passible development of the Cosmopolitan prospecf, located at a site
approximaiely five miles north of Anchor Point. To suppo~t the sctivity, Pioneer is
proposing two pipeline instaifations. FirsT is an 8"diameter, 74-mi(e oi( transmission
pipeline beginning at the site and continuing north io the Tasoro Oil Refinery located south
of Nikiski, Second is a 4°, 15•mile natural gas transmission pipeline from the site and
ending at ENSTAR's gas regufafion facility located in Ninilchik.
During the summer and fall of 2007, Pioneer, its contractars and agents may be
conducting various surveys, siudies and testing within existing nghts of way along the
6teriing Highway, Kalifornsky Beach Road, Bndge Access Road and a wmbination of
section line and private easements paralieling the Kenai Spur Highway. While conducting
a survey does nof require a natice to land owners of a probabfe survey, your safety and
awareness of our presence is important to us. This courtesy notice ls pravided to you since
your property known as, T 6N R 11W SEC 33 SEWARD MERiDiAN KN 51/2 S1/2 SW1/4
LYWG SOUTH OF KENAi SPUR HWY, is Iocated near the proposed pipeline projec;.
Pioneer, its contractors and agents, acting under AS 09.55.280 (Entry Upon Land) and AS
34.65 (Land Surveys~ may enter iands owned by you for the purpose of locafing right of
way boundaries. Additior~aliy, Pioneer, its contractors and agents, may also be obtaining
material samples, conducting cNtural and environmental studies within the stated right of
ways.
For any questions, please call me (907} 334-7743 or 1-8~0-227-5385. You may
alsa contactTadd Owens at Pioneer Naturaf Resources Afaska, Inc., (907) 343-2101.
Sincerely,
~~~~
Manny Lopez, SR/WA
Right of W ay Agent
NOFiSTAR Pipeline Company
AIORST~R Fipe~line Company, P.0.1;ox 19~2b8, Anuhoru~e, Alaska 99519-62A8
74
~
~~g~~
,- , ~.
KENAi CITY OF
or Current Resident
210 FIDALGO AVE STE 200
KENAI, AK 99611
June 5, 2007
Re: Cosmopoiitan Pipefine
Courtesy Natice
Kenai Peninsuia Borough Tax Idenfification No. 04501031
Dear Sir or Madam,
Pioneer Natural Resources Alaska, inc., (Pioneer} is in the proaess of appraising
and pianning the possible development o1 tha Cosmopolitan prospect, located at a site
appraximately five miles north af A~ohor Point. To support the activity, Pioneer is
praposing two pipeline insYa(lations_ First is an 8"diameter, 74-mile oil transmission
pipeline beginning at the site and continuing north to the Tesoro Qil Refinery located south
of Nikiski. Second is a 4", 15•mi(e naturai gas transmissio~ pipeli~e from the site and
ending at ENSTA~i's gas regulation facility locafed in Ninilchik.
Quring ths summer and fa13 of 2007, Pioneer, its contractors and agents may be
conducting various surveys, studies and testing within existing rights of way along the
Sterling Highway, Kalifornsky Beach Fioad, Bridge Access Road and a combination of
section line and private easements paralleling fhe Kenai Spur Highway. While conducting
a survey does nat require a notice to land awners of a probabie survey, your safety and
awareness of our presence is important to us. This courtesy notice is provided to you since
your property known as, T 6N R 11W SEC 33 SEWARD MERIDIAN KN 20070D8
BARON PARK SUB 2007 REPLAT TRACT A1, is located near the proposed pipeline
project. Pioneer, its contractors and agents, acting under AS 09.55280 (Entry Upon Land)
and AS 34.65 (Land Surveys) may enter lands owned by you Eor the purpose of locating
right of way boundaries. Additionaily, Pioneer, its contractors and agents, may also 6e
obtaining material samples, conducting culturai and enviranmental studies within the stated
right of ways.
For any questions, please call me (907) 334-7743 or 1-B60-227-5385. You may
also coMact Tadd Owens at Pioneer Natural Resources Alaska, Inc., (907} 343-2101.
Sincerely,
V\~~~
Manny Lopez, SRNJA
Right of Way Agant
NORSTAR Pipeline Company
NQRSTAR Pipelino Cou~iany, P.O. Box 19t328&, Anct~arflge, Alasaa 99519-C12f~8
75
~~7 ~.a i
~ : a
°
KENAI CITY OF
or Current Resident
21 D FIDALGO AVE 57E 200
KENAI, AK 99611
June 5, 2007
Fie: Cosmapoiitan Pipeline
Courtesy Natice
Kenai Peninsula Borough Tax Ide~tificatio~ No. 047Q5216
Dear Sir or Madam,
Pioneer Natural Resources A(aska, Inc., (Pioneer} is in the process of appraising
and planni~g the possibie development of the Cosmopolitan prospeot, located at a site
approximately five miies north of Anchor Point. To support the activity, Pioneer is
proposing two pipeiine installations. First is an 8"diameter, 74-miie oii transmission
pipeiine beginning at the site and continuing ~orth to the Tesoro Oil Refinery (ocated south
af Nikiski. Second is a 4", 15-mile naturaf gas transmission pipeline from the site and
ending at ENSTAR's gas regulation facility Iocated in Ninilchik.
During the summer and fail of 2007, Pioneer, its contraciors and agents may be
conducting vanaus surveys, studies and testing within existing rights of way along the
Steriing Highway, Kalifornsky Beach Road, Bridoe Access Road and a combination of
section line and private easements parafieling the Kenai Spur Highway. While conducting
a survey does not require a notice to fand awners of a probable survey, your satety and
awareness of our presence is important to us. This courtesy notice is provided to you since
ypur property known as, T 5N R 11W SEC 5 SEWARD MERlDIAN KN 0840305
SPRUCEWOOD G~EN SUB NO 2 TRAGT 1A, is iocated near the proposed pipeiine
project. Pioneer, its contractors and agents, acting under AS 09.55.280 (Entry E1pon LandJ
and AS 34.65 (Land Surveysj may enter lands awned by yau for the purpose of locating
right of way boundaries. Addifiona(Iy, Pioneer, its contractors and agents, may also be
obtaining material samples, conducfing cultural and environmental studies within Yhe stated
right of ways.
For any quesfians, please calf ine (907} 334-7743 or 1-800-227-5385. You may
also confact Tadd Owens at Pioneer Naturai Resources Alaska, inc., (3d7) 343-2101.
Sinoerely,
~~~~~~-
Manny Lopez, SRNVA
Righf of Way Agent
NORSTAR Pipeline Company
NO,RSTAI: Pipeline C~mpany, P.O. Rox 190?88, Anchorage, Alasl:~ 99519-028$
76
P
p .
KENAI C1TY OF
or Current Resident
210 FIDALGO AVE STE 200
KENA(, AK 99611
June 5, 2007
Re: Cosmopolitan Pipelina
Courtesy Notice
Kenai Peninsula Borough Tax Ident'rfication No. 04945004
Dear Sir or Madam,
Pianeer Natural Resources A(aska, lnc., (Pioneer) is in the process of appraising
and plann'rng the possibie development of the Casmopolitan prospect, located at a site
approximately five mifes north of Anchor Point. To support the acfivity, Pioneer is
proposing two pipeline instaliations. Pirst is an B"diameter, 74-miie oil transmission
pipefine beginning at the site and continuing north to the Tesoro Oil Refinery located aoutfi
of Nikiski. Second is a 4", 15-mile naturai gas transmissian pipeline from the site and
ending at ENSTAR's gas regulation facility located in Ninilchik.
During the summer and fall ot 2007, Pioneer, its contractors and agents may be
conducting various surveys, studies and testing within existing rights of way along the
Steding Highway, Kalifornsky Beach Raad, Bridge Access Road a~d a combination of
section line and private easemsnts paralleling the Kenai Spur Highway. While conducting
a sarvey does not require a notice to land owners of a probable survey, your safety and
awareness oi our presence is important to us. This courtesy notice is provided to you since
your property known as, T 5N R 11 W SEC 9 SEWARd MERIDIAN KN 0790009 CITY
OF KENAI BdA? RAMP & ROW DEDICATION TRACT C, is iocafed near the proposed
pipeline project. Pioneer, its contraotors and agents, acfing under AS Q8.55.280 (Entry
Upon Lend) and AS 34.65 (Land Surveys) may enter Iands owned by you for the purpose
of locating right of way boundaries. Additionally, Pioneer, its contractors and agents, may
also be obtaining material samples, conducting cufturai and environmenta! studies within
the stated right ofi ways.
For any questions, please call me (907} 334-7743 or 1-B00-227-5385. You may
also contact Tadd Owens at Pioneer Natura( Resources Alaska, Inc., (907} 343-2101.
Sincerely,
~~~ 1'~--
Manny Lopez, SR1WA
Right of W ay Agenf
NORSTAR Pipeline Company
NC?RSTHR Pip~tine Company, P.O. ~ox t9t)288, Anchorage, A1usk199514-0288
77
t' 1' 6
KENAI CITY OF
or CurrenY Resident
210 FIDA~GO AVE STE 200
ItENAI, AK 99611
June 5, 2007
Re: Cosmopokitan Pipe{ine
Courtesy Notice
Kenai Peninsula Borough Tax Identification No. 04501029
Dear Sir ar Madam,
Pioneer Naturai Resources Afaska, Inc., (Pioneer) is i~ the process of appraising
and planning the possible developme~t of tha CosmapoiRan praspect, Iocated at a site
approximately five miles north of Anchor Point. To support the acfiviEy, Pioneer is
proposing two pipeAne irtstallatipns. First is an B"diameter, 74-mile oii transmission
pipeline beginning at the site and continuing north to the Tesoro Oii Retinery located south
of Nikiski. Second is a 4", 15•mile natural gas transmission pipeline from the site and
ending at ENSTAR's gas regulation facility located in Ninilchik.
During the summar and fa(I of 2007, Pioneer, its contractors and agents may be
conducting various surveys, studies and testing within existing rights of way along the
Sterfing Nighway, Kalifornsky Beach Road, B~idge Access Road and a combination af
sectian line and private easements paralleling the Kenai Spur Highway. While conducting
a survey does not require a natice to land owners of a probable suroey, your safety and
awareness of our presenoe is important to us. This courtesy notice Is provided to you since
your property known as, T 6N R 11W SEC 33 SEWARD MERlDIAN KN 2064017 W112
SEC 33 LYING NORTH OF KENAI SPUR HWY EXCLUDfNG BARON PARK SUB NO 7&
NO 72, is focated ~ear the proposed pipeline project. Pioneer, its contractors and agents,
acting undar AS 09.55280 (Entry Upon Land) and AS 34.65 (Land Surveys) may enter
lands owned by you for the purpose of locating right of way boundaries. Additionally,
Pio~eer, iis contractors and agents, may also be obtaining material samples, conducting
cultural and enviranmentai studies arithin the stated righi of ways.
For any questions, please cafl me (907) 334-7743 or 1-800-227-5365. Ypu may
also contact Tadd Owens at Pioneer Naiural Resources Afaska, Inc., (907} 343-2101.
Sincerely,
~~~~
Manny Lopez, SRM/A
Right of Way Agent
NORSTAR Pipeline Company
NORS'£AR Pi~3elirze Camp~vty, P.0.13ox 19028&. Anchc~rage, Alaeka 99S 19-~28$
78
e o
KENAI CITY OF
or Current Resident
2t0 FIDALGO AVE STE 2Q6
KENAI, AK 99611
June 5, 2007
Re: Cosmopa6tan Pipeline
Courtesy Notice
Kenai Peninsu(a Borough Tax ident'rfication No. 04945005
Dear Sir o; Madam,
Pioneer Natural Resources Afaska, Inc., (Pioneer) is in the process of appraising
and pianning the possible devefopment of the Cosmopalitao prospecf, loaated at a site
approximately five miles north of Anchor Point. To support the activity, Pioneer is
proposing hvo pipeline installations. First is an B"diameter, 74-mile oiI trensmission
pipefine beginning at the site and continuing north to the Fesaro 4il Re4inery located sauth
of Nikiski. Second is a 4°, 15-mife natura~ gas tra~smission pipeiine from the site and
ending at ENSTAR's gas regulation facilRy located in Ninilchik.
During the summer and faI( of 2007, Ploneer, its contractors and agents may be
conduc4ing various surveys, studies and testing wifnin existing righEs of way along the
Sterling Highway, Kalifornsky Beach Road, Bridge Access Road and a combination of
sectian fine and private easemants paralleling the Kenai Spur Highway. While conduciing
a survey does noY require a notice to land owners of a probable survey, your safety end
awareness of our presence is importa~t to us. This courtesy notice is provided to you since
your praperty known as, T 5N R 11 W SEC 9 SEWARD MERIDIAN KN 0800050 CITY
OF KENAi BOAT RAMP TRACT D, is located near the proposed pipeline project. Pioneer,
its contractors and agents, acting under AS 09.55.280 (Entry Upon L.and) and AS 34.65
{Land Surveys) may enter fands owned by you far the purposa of Iocating right of way
boundaries. Additionally, Pioneer, its contractors and agents, may also be obtaining
materiai samples, conducting cultural and environmentai studies wiihin the,stated right of
ways.
For any qusstior~s, please call me (907) 334•7743 or 1-800-227-5385. Yau may
aiso cantact Tadd Owens at Pioneer Natural Resources Alaska, Inc., (9d7) 343-2101.
Sincerely,
~~~~
Manny Lopez, SR1WA
Right of W ay Agent
NORSTAR Pipeline Company
SvOkS`CAR Pi~e[ine Company, P.O. IIox 190288, Anchoraoe, Alaska 99519-0~88
79
~ . ~ ~ ~ -; 3 ~~,.
k~ ~~ t ~~N~~ - ~ ~
Y~' [' C t`
'4 ~~J ~
4 :a
~ .~,.~~:~"
KENAI CtTY OF
or Current Resident
210 FIDALGO AVE STE 200
KENAI, AK 99611
Re: Gosmopolitan Pipeiine
Courtesy No#ice
Kenai Peninsula Borough Tax Identification No. 04501019
Dear Sir or Madam,
June 5, 2007
Pioneer Natural Resources Alaska,inc.,(Pio~eer)is in the process af appraising
and planning the passible development af the Cosmopolitan prospect, located at a site
approximately tive miies north of Anchar Point. To support the activify, Pioneer is
proposing two pipeline installations. First is an 8°diameter, 74-mile aii transmission
pipeline heginning at the sifie and continuing north to the Tesoro Oil Refinery located south
of Nikiski. Second is a 4", 15-mi~e natural gas transmission pipeline fram the site and
ending at ENSTAR's gas regufation facility focated in Ninifchik.
During the summer and tall of 2007, Pioneer, its contractors and agents may be
conduoting various surveys, studies and testing wi#hin existing rigHts of way a(ong the
Steriing Highway, KaI'rfornsky Beach Fioad, Bridge Access Road and a combinatian o#
section line and private easements paralleling the Kenai Spur Highway. While conducting
a survey does nbf require a notice to tand owners af a prababie survey, your safety and
awareness of our presence is impartant to us. This courtesy notice is provided to you since
your property known as, T 6N R 11W SEC 33 SEWARD MERIDIAN KN 0870Q5~
BARON PARK SUB FIRE AD~N LOT A-7-A, is located near the praposed pipeline projec#.
Pioneer, its contractors and agents, acting under AS 09.55.280 (Entry Upon La~d) and AS
34.65 (Land Surveys) may enter lands owned by you for the purpose of locating right of
way boundarias. Additiona4iy, Pioneer, its contrac4ors and agents, may also be obtaining
materiaf samples, conducting culturai and environmental studies within the stated right of
ways.
For any questions, please call me (907) 334-7743 or 7-800-227-5385. You may
also contact Tadd Owens at Pioneer Naturai FSesources Alaska, Inc., (907) 343-2101.
SEncerely,
~~~~
Manny Lopez, SRlWA
Right of W ay Agent
NORSTAR Pipe6~e Company
NORST,AP. Pipc(ine Compnny, F.O. BQx [902R5, Anohoraae, A'laska 99~ 19-028ti
80
t~ a ~.
KENAI CITY OF
or Current Resident
210 FIDALGO AVE STE 200
KENA(, AK 98611
June 5, 2007
Re: Cosmopolitan Pipeline
Courtesy Natice
Kenai Peninsufa Borough Tax Identitication No. 04101004
Dear Sir or Madam,
Pioneer Natural Resources Alaska, Inc., (Pioneer) is in the process of appraising
and pianning the passible deveEopment of the Cosmopolitan prospect, located at a site
approximately five miles north of Anchar Point. To support the activify, Pianeer is
proposing twa pipeline installafio~s. First is an 8"diameter, 74-mile oi! transmission
pipeline begin~ing at the site and cnntinuing north to the Tesoro Oii Refinery located south
of Nikiski. Second is a 4°, 15-miie natural gas transmission pipeline from the site and
ending at ENSTAft's gas regulation facility located in Niniichik.
During the summer aod fali af 2007, Pioneer, its cantractors and agents may be
conducting various surveys, studies and tesiing within existing rights o( way along the
Sterling Highway, Kalifomsky Beach Road, 6ridge Access Raad a~d a combination o1
section iine and private easements paralleiing the Kenai Spur Highway. Wni{e conducting
a survey does not require a notice to land awners of a probabie survey, your safety and
awareness of our presence is important to us. This courtesy notice is pravided to you since
your property known as, T 6N R 11W SEC 29 SEWARD MERIDiAN KN E1l2 NE1/4 &
SW1l4 NE1l4, is located near the proposed pipeline project. Pioneer, its contractors and
agents, acting under AS 09.55.280 (Entry Uporz Land) and AS 34.65 (Land Surveys) may
e~ter fands owned by you far the purpose of locating right of way boundaries. Additional(y,
Pioneer, its contractors and agents, may also be otttaining material samples, conducting
cuitural and environmental studies within the stated right of ways.
For any questions, please cail me (907) 334-7743 or 1-800-227-5385. You may
also contact Tadd Owe~s at Pioneer IVatural Resources klaska, inc., (907) 343-2101.
Sincerely,
~~~~
Manny Lopez, SRM/A
Right of Way Agent
NORSTAR Pipeline Company
NpRSTAR Pipetine Company, P.O. Box t902A8, Anchora~e, Alaska 99519-0288
81
^4 nFo~e- '~" ~ ~ .
KENAi CITY OP
or Current Resident
210 FIQAlGO AVE STE 200
KENAI, AK 99611
June 5, 2007
Re: Cosmopolitan Pipeline
Courtesy Notice
Ke~ai Peninsula Borough Tax Identification No. 04336044
Dear Sir or Madam,
Pioneer Natural Resources Alaska, Ina, (Pioneer} is in the process of appraising
and p(anning the possible development of the Cosmopolitan prospect, Inceted at a site
approximately five miles nosfh of Anchor Point. To suppart the activity, Pioneer is
proposing two pipeline installations. First is an 8"diameter, 74•mile oil transmission
pipeline beginning at the site and continuing north to the Tesoro Oil Refinery located south
of Nikiski. Second is a 4", 15-mile natural gas transmission pipeline from the site and
ending at ENSTAR's gas regulation fiacility located in Niniichik.
During the summer and fall of 2007, Pioneer, its contractors and agents may be
conducting various suroeys, studies and testing within existing rights of way along the
Steriing Highway, Kai'rfornsky Beach Road, Bridge Access Road and a combination of
section (ine and private easements paralleling the Kanai Spur Highway. While conducting
a survey does not require a notice to land owners of a probable survey, your safety and
awareness of our presence is important to us. This courtesy notice is provided to you since
your property knawn as, T 6N Ft 11 W SEC 32 & 33 SEWARD SW KN 2006025 BARON
PARK 2008 REPLAT L6T A, is located near the proposed pipeline project. Pioneer, its
contractors and agents, acting under AS 09.55.280 (Entry Upon Land) and AS 34.65 (Land
Surveys) may enter lands owned by you for the purpose of Iocating right of way
boundaries. Addifionally, Pioneer, its contractors and agents, may aiso be obtaining
material samples, conducting cultural and environmental studies within the stated right of
ways.
For any questions, please cail me (Sd7} 334-7743 or 1-800-227-53$5. You may
also contact Tadd Owens at Pioneer Natural Pesources Afaska, Inc., (907) 343-2101.
Sincerely,
~~~~
Manny Lopez, SRM/A
Right o€ Way Agent
NORSTAR PiQeline Company
NOR9TARPipelinc Compnny, P.O. B~x 19U2$8, Anchorage, ~taska 99519-023L~
82
Q
KEIVAI CITY OF
or Current Resident
210 FIDALGO AVE STE 200
KENAI, AK 8961 i
June 5, 2007
Re: Cosmopolitan Pipeiine
Courtesy Notice
Kenai Peninsula Borough Tax Identification No. 04336107
Dear Sir or Madam,
Pioneer Natural Resources Aiaska, inc., (Pioneer) is in the process of appraising
and planning the possible development of the Cosmopolitan prospect, bcated at a site
approximatefy five miles north of Anchor Point. Ta support the activity, Pioneer is
proposing two pipa(ine ir~sfaliations. First is an 8"diameter, 74-mile oil transmission
pipeline beginning atthe site and continuing north to the Tasoro Oil Refinery bcated south
of Nikiski. Second is a 4", 15-mile natural gas transmission pipeline from the site and
ending at ENSTAR's gas regulation facility located in Ninilchik.
During the summer and fail of 2007, Pioneer, its contraotors and agents may be
conducting various surveys, studies and tesfing within existing rights of way along the
Sterling Migfiway, Kal'rfomsky Beach Road, Bridge Access Road and a combinafion of
section line and private easements paralisiing the Kenei Spur Highway. While conducti~g
a survey does not require a ~otice to land owners af a probabie survey, your safiety and
awareness of our presence is important to us. This courtesy notice is provided to you since
your property k~own as, T 6N R i i W SEC 33 SEWARD SW KN 2008665 BARON PARK
2005 REPLAT TRACT 1, is located near the proposed pipe(ine project. Pioneer, its
contractors and agents, acting under AS 09.55.260 (Entry Upon Land) and AS 34.65 (Land
Surveys) may enter lands owned by you for fhe purpose of locating right of way
boundaries. Additionaily, Pioneer, its contractors and agents, may also be obtaining
material sampfes, conducting culfural and environmentai studies within the sfated right of
waya
For any questions, please ca(I me (907) 334-7743 or 1-800-227-5385. You may
also contact Tadd Owens af Pionear Natural Resources Alaska, Inc., (907) 343-2101,
Sincerely,
~~~ \'~-
Manny ~opez, SRNVA
Right of Way Agent
NORSTAR Pipeline Company
NORSTAR Pipeline Comp~ny, P.O. Box Cy0288, Anchora~e, Alaska 99519-02&8
83
e ~
KENAI CITY OF
or Current Resfdent
210 FIDALGQ AVE STE 200
KENAI. AK 99611
Ju~e 5, 2007
Re: Cosmopolitan Pipeline
Courtesy Notice
Kenai Peninsula Borough Tax Identification No. 04101006
Dear Sir or Madam,
Pioneer Naturai Resources Alaska, Inc., (Pioneer) is in the process of appraising
and planning the possible development of the Cosmopoiitan prospect, located at a site
appraximateiy tive miles nortn of Rnchor Foini. Ta support the activity, Pioneer is
proposing two pipellne instaBations. First is an 8"diameter, 74-mile oil transmission
pipeline beginning at the site and continuing north to the Tesoro OiI Refinery located south
o{ Nikiski. 5ecand is a 4", 15-mife natural gas transmission pipeline from the site and
ending at ENSTAR's gas regulafion facility Iocated in Ninilchik.
Quring the summer and fall of 2007, Pioneer, its contractors and agents may be
canducting various surveys, studies and testing within existing rights of way along #he
Ster(ing Migfiway, Kalifornsky Beach Raad, Bridge Access Road and a cambination of
section line and private easemenTS paralleling the Ker~ai Spur Highway. While cor~ducting
a survey does not require a natice to land owners of a probable survey, your safety and
awareness of our presence is important to us. This courtesy notice is provided to you since
your property known as, T 6N R 11W SEC 28 T 6N R 77W SEC 29 KN SEWARD
MER1DfAN W1/2 OF SEC 28 & SEt/4 OF SEC 29, is located near the proposed pipeiine
project. Pioneer, its contractors and agents, acting under AS 09.55.280 {Entry Upon Land)
and AS 34.65 (Land Surveys) may enter lands owned by you far the purpose of locating
nght of way boundaries. Addrtionalfy, Pio~eer, its contractors and agents, may also be
obtaining materiaf sampies, conducting cuitural and environmental studies within the stated
right of waya
For any questians, please call me (967) 334-7743 or 1-B00-227-5385. You may
also contactTadd Owens at Pioneer Naturel Resources Afaska, Inc., (907) 343-210t.
Sincerefy,
~~~~
Manny Lopez, SR/WA
Right of Way Agent
NdRSTAR Pipefine Company
NORSTAR Pipeline Coinpu~y, P.O. 13os 19028&, Anchorage, Alaska99S19-0283
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KENAI GITY OF
or Gurrent Resident
210 FIDALGO AVE STE 260
KENAl, AK 996t 1
June 5, 2067
Re: Cosmopolitan Pipeline
Courtesy Notice
Kenai Peninsufa Borough Tax fdentification No. 04910D14
Dear Sir or Madam,
Pioneec Natural Resources Alaska, Inc., (Pianeer) is in the process of appraising
and planning the possible development of the Cosmopolitan prospect, located at a site
approximafely five rni;es north of Anchor Poir~t. To sup~ort the activity, r ioneer is
proposing two pipeline instalfafions. First is an 8"diameter, 74-mile oil transmission
pipeline beginning at the site and conEinuing north to the Tesoro Qii Refinery located south
of Nikiski. Secand is a 4", 15-mile natural gas transmission pipeline from the siie and
ending at ENSTAR's gas regulation faciiity located in Nirrilchik.
Dunng the summer and Pall of 2007, Pioneer, its contractors and agents may'be
conducting various surveys, studies and testing within existing rights of way abng the
Sterfing Highway, Kalifomsky Beach Road, Bridge Access Road and a combination of
section iine and private easements para{leling the Kenai Spur Highway. While conducting
a survey does not require a natice to land owners of a probabie survey, your safety and
awareness o# our presence is important to us. This courtesy notice is pravided to you si~ce
your property known as, T 5N R 11 W SEC 8 T 5N R 11 W SEC 9 T 5N R 11 W SEC i7 KN
SEWARD MERIC7IAN GOVT LOTS 6& 7& 1Q & SEi/4 SE7/4 iN SEC B& GdVT LpT B&
SE1/4 NE1/4 & SEtl4 & NE1/4 SW1/4 & 5112 SW114 IN SEC 9& GOVT LOTS t& 4
THRU 6& NEi/A NE1/4 iN SEC 77 EXCLUDING THE KENAI, is located nesr the
proposed pipeline project. Pioneer, its contractors and agents, acting under AS 09.55.280
(Entry Upan Landj and AS 34.65 (Land Surveys} may enter iands owned by you for the
purpose of locating right of way boundaries. Additionally, Pioneer, its contractors and
agents, may also be obtaining material sampies, conducting cuftural and env4ronmental
studies within the stated right of ways.
For any questions, please call me (907) 334-7743 or 1-800-227-5385. You may
also contact Tadd Owens at Pioneer Natural Resources Alaska, Inc., (907} 343-2101.
Sfncerely,
~~~ I
Manny Lopez, SRNVA
Flight of Way Agent
NORSTAR Pipeline Company
NORSTAR Pi~eline Company, P.O. Box 190288, Anchorage, Atask~ 9'35 t9-0288
85
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KENAI CITY OF
or Current Resident
210 FIDALGO AVE STE 200
KENAf, AK 99611
iie: Cosmopolitan Pipeline
Courtesy Notice
Kenai Peninsula Borough Tax Ident'rfication No. 04945009
Dear Sir or Madam,
June 5, 2007
Pioneer NaYurai Resources Alaska, Inc., (Pioneer) is in Yhe process of appraising
and plan~ing the possible development of the Cosmopolitan praspect, located at a site
approximately five miles north of Anchor Point. To support the activify; Pioneer is
proposing two pipeline installations. First is an B°diameter, 74-mile oiI transmission
pipeli~e beginning af the site and continuing north to the Tesoro Oil Refinery located sauth
of Nikiski. Second is a 4", 15-mile naturai gas transmissian pipe(ine from the site and
ending at ENSTAR's gas reguiatinn facilfty located in Ninilchik.
During the summer and fal4 of 2007, Pioneer, Its contractors and agenYs may be
conducting various surveys, studies and testing within existi~g rights of way along the
Sterling Highway, Kal'rfornsky 8each Road, Bridge Access Road and a combinatlon of
sectian Iine and pnvate easements paralleling the Kenai Spur Highway. While conducting
a survey does not require a notice to la~d owners of a probable survey, your safety and
awareness of our presence is important to us. This caurtesy notice is providad to you since
your property known as, T 5N R 11 W SEC 9 SEWARD MERIDfRN KN 2005122 BOAT
RAMP 5UB TRACT E, fs located near the proposed pipeiine project. Pioneer, its
contractors and agents, acting under AS 09.55.28Q (Entry Upon Land) and AS 34.65 (Land
Suroeys) may enter lands owned by you for the purpose of locating right of way
boundaries. Additionalty, Pianeer, its contractors and agents, may also be obtaining
material samples, conducting oulturai and enviro~rne~tal siudies within the stated right of
ways.
For any questions, please call me (947j 334-7743 or 1-800-227-5385. You may
afso contact Tadd Owens at Pioneer Natural Resources A4aska, Ina, (907j 343-2101.
Sincerely,
~~~ \ ~~
Manny Lopez, SRM/A
Righi at Way Agent
NORSTAR Pipeline Company
NORSTAR ,Pipeline Compuly, P.O. Box I yt}28~, Anchora~e, Alaska 495 (9-(i2E3&
86
AGENDA
ENAI CITY COUNqL - REGULAR MEETING
r= JULY 3, 2007
'~' 7:00 P.M.
~ KENAI CITY COUNCI~ CHAMBERS
XENIII.Pl11SX~ http:!/www.Ci.kenai.ak.us
U
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Sgt. Gus Sandahl, Kenai Police Department -- Youth Services
Officer Award.
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per
speaker)
1. Ordinance No. 2239•2007 -- Increasing Estimated Revenues and
Appropriations in the Water and Sewer Fund and the Wildwood Water
Main Capital Project Fund to Provide Adequate Funding for the Project.
(Clerk's Note: Ordinance No. 2239-2007 was introduced at the June 6,
2007 meeting. A motion to adopt is on the table from the June 2Q 2007
meeting when it was subsequentiy postponed to July 3, 200Z The motion
to enact is active.)
2. Resolution No. 2007-41 -- Awarding Janitorial Contracts for the Kenai
Community l.ibrary building to Precious Janitorial Services for the
Period Juiy 1, 2007 Through June 30, 2008.
3. Resolution No. 2007-42 -- Authorizing the City of Kenai to Issue
General Obligation Bonds in the Principal Amount of Not to Exceed
$2,000,000 to Finance the Cost of Planning, Designing, Acquiring
Property for, and Constructing Kenai River Bluff Erosion Control
Capital Improvements and to Submit the Question of the Issuance of
Such Bonds to the Quaiified Voters of the City at the October 2, 2007
City of Kenai General Election.
4. Resolution No. 2007-43 -- Authorizing the City of Kenai to Issue
Generai Obligation Bonds in the Principal Amount of Not ro Exceed
$2;OOQ000 to Finance the Cost of Planning, Designing, Acquiring
Property for, and Constmcting Library Capital Improvements, and to
Submit the question of the Issuance of Such Bonds to the Qualified
Voters of the City of Kenai at the October 2, 2007 City of Kenai
General Election.
5. Resolution No. 2007-44 -- Granting a Partial Exception to the
Subdivision Regulations Contained in KMC 14.10 for Eagle Bluff
Subdivision as Allowed Under KMC 14.10.090.
6. Resolution No. 2007-45 -- Approving a Contract to Northstar Paving &
Construction for the Project Entitied Wildwood Water Main - June 2007
for the Total Basic Bid Amount of $359,873.00.
7. Resolution No. 2007-06 -- Designating Department Assistant II
Corene Hall as Deputy City Clerk.
8. Resolution No. 2007-47 -- Transferring $6,500 in the General Fund
Land Department to Purchase Land.
9. Resolution No. 2007-48 -- Authorizing the Purchase of 5.44 Acres of
Property Described as: T5N R11W Section 4 Seward Meridian KN
0880053--Central View Subdivision Tract B, Third Recording District,
Kenai, Alaska for $7,500 for Wetlands Mitigation and to be Retained by
the City and Reserved for Park Purposes.
10. Resolution No. 2007-49 -- Transferring $140,000 in the Runway
improvement Capital Project Funtl to Cover Anticipated Change
Orders.
1t Resolution No. 2007-50 -- Transferring $1$34024 in the 99 Street
Improvements Capital Project Fund to Close Out a Grant.
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
t. Biiis to be Ratifed
2. Approvai of Purchase Orders Exceeding $15,000
3. "Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the
Airport Commission More Authority Over Leasing Decisions Within the
Airport Reserve.
4. `Ordinance No. 2241-2007 -- Amending KMC 21.20.010 to Authorize
the AirpoR Commission to Make Recommendations to the City
Manager on the Airport Budget.
5. Discussion -- Schedule Work Session
EXECUTIVE SESSION -- Annual Evaluations of City Manage and City
Clerk.
ITEM N: ADJOURNMENT
The public is invited to attend and participate. Additional information is
available through the City Cierk's office at 210 Fidalgo Avenue, or visit our
website at http:/lwwv/.ci.kenai.ak.us.
Carol L Freas, City Clerk D606/211