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eBorougb 5\dministratioD ~diDg 144 3Iortb eBinkley Street Soldotna October 2005 Monthly Planner
Sep 2005 Nov 2005 1 S M T W T F S S M T W T F S 1 2 3 I 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 2S 26 27 28 29 30 27 28 29 30
2 3 4 5 6 7 8 7:00 PM Anchor Point Seward/Bear APC Meeting Creek Flood SA ELECTION DAY e WIR Board of Directors l\I1eeting (Whitefish. Montana) 9 10 11 12 13 14 15 12 00 PM Lowell Pomt 5:30 PMCPGH Emergency SA 7:30 PM 6:00 PM South SA Pen Hospital SA 5 DO PM Nikisk:I Senior SA Cooper Landing 5:30 PM Plat APC Meeting 7:00 PM KESA Committee 7 00 PM KPB Roads Yom Kippur 7:00 PM Planning 7 30 PM Bear Creek FSA Commission 1~;'i'!.t~Y I ~f'I$. 16 17 18 19 20 21 22 6:00 PM Anchor Anchor Point 7:00 PM CES Point FSA APC Meeting
23 24 25 26 27 28 29 5:30 PM Plat 7:00 PM KESA Committee
7:00 PM North Pen RecSA
7:00 PM Planning Commission
30
APC =Advisory Planning Commission; FSA =Fire Service Area; SA :: Service Area November 2005 Monthly Planner
1 2 3 4 5 7:00PM ASSeMBLY MEETING Anchor Point APC Meeting
6 7 8 9 10 11 12 7:00 PM 12.00 PM Lowell POInt 7:30 PM 6:00 PM South VETERAN'S Emergency SA Seward/Bear Pen Hospital SA DAY HOLIDAY Cooper Landing Creek Flood SA 5-00 PM Nikiski Senior SA APC Meeting 7:00 PM KESA ~ 7 ()() PM KPB Roads , 7 30 PM Bear Creek FSA AML Annual Conference (Anchorage) Trnl 13 14 15 16 17 18 19 5:30 PM CPGH 7:00PM Sue Ellen 7:00 PM CES SA ASSQ.UlI,.Y Essert's MI;EttN;t; Birthday 5:30 PM Plat Committee Anchor Point APC Meeting 7:00 PM Planning Commission
20 21 22 23 124 25 26 6:00 PM Anchor • 7:00 PM KESA Point FSA
Ii- -) ANKSGIVINGHAPPY I ------+------'------'------'1
27 28 29 30 Oct 2005 Dec 2005 5:30 PM Plat S M T W T F S S M T W T F S Committee I I 2 3 7:00 PM North 2 3 4 5 6 7 8 4 5 6 7 8 9 10 Pen Rec SA 9 10 11 12 13 14 15 11 12 13 14 15 16 17 7:00 PM 16 17 18 19 20 21 22 18 19 20 21 22 23 24 Planning 23 24 25 26 27 28 29 25 26 27 28 29 30 31 Commission 30 31
APC =Advisory Planning Commission; FSA = Fire Service Area; SA = Service Area September 2005 - August 2006 Assembly Yearly Planner
Sep 2005 SEPTEMBER Mar 2006 S M T W T F S S M T W T F S 1 2 3 5 Labor Day I 2 3 4 4 5 6 8 9 10 5 6 7 g 9 10 II II 12 13 14 j S 16 17 6 Assembly Meeting 12 13 14 IS 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 25 26 27 28 29 30 20 Assembly Meeting in 26 27 28 29 30 31 Homer
21 Board of Adjustment Ocl 2005 Apr 2006 S M T W T F S OCTOBER S M T W T F S I 1 2 3 4 5 6 7 8 4 Municipal Election 2 3 4 5 6 7 8 9 10 II 12 13 14 15 9 10 11 12 13 14 15 I I 16 17 18 19 20 21 22 Assembly Meeting 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NOVEMBER 23 24 25 26 27 28 29 30 31 30 Assembly Meeting
No~ 2005 II Veterans Day Holiday May 2006 S M T W T F S SMTWTFS I 2 3 4 5 15 Assembly Meeting 123456 6 7 8 9 10 II 12 7 8 9 10 II 12 13 13 14 15 16 17 18 19 24 Thanksgiving Holiday 14 15 16 17 18 19 20 20 21 22 23 24 25 26 2 I 22 23 24 25 26 27 25 27 28 29 30 Thanksgiving Holiday 28 29 30 31 DECEMBER 6 Assembly Meeting Dec 2005 lUll 2006 S M T W 1 F S 26 Christmas Holiday S M T W T F S I 2 3 I 2 3 4 5 6 7 8 9 10 4 5 fJ 7 8 9 10 II 12 13 14 15 16 17 II 12 13 14 15 16 17 18 19 20 21 22 23 24 18 19 20 21 22 23 24 25 26 27 28 29 10 31 25 2b 27 28 29 30
Jan 2006 JuI2006 S M T W 1 F S S M T W T F S I 2 3 4 5 6 7 1 8 9 10 II 12 13 14 2 3 4 5 6 7 8 15 16 17 18 19 20 21 9 10 II 12 13 14 15 22 23 24 25 26 27 28 16 17 18 19 20 21 22 29 30 31 23 24 25 26 27 28 29 30 31
Fen 2006 Aug 2006 S M T W T F S S M T W T f S I 2 3 4 I 2 3 4 5 5 6 7 8 9 10 II 6 I 8 9 10 II 12 12 13 14 15 16 17 18 1314151617 18 19 19.W 21 2123 24 25 20 21 22 23 24 2S 26 26 27 28 27 28 29 30 11 ._------Kenai Peninsula Borough Assembly Meeting Schedule
TUESDAY, October 11, 2005
1:30PM Soldotna Landfill Tour/Open House Soldotna, Alaska
3:00PM Finance Committee Borough Assembly Chambers Borough Administration Building Soldotna, Alaska
3:30PM Lands Committee Conference Room "C" Borough Administration Building Soldotna, Alaska
followed by Policies and Procedures Committee Conference Room "C" Borough Administration Building Soldotna, Alaska
4:00PM Legislative Committee Borough Assembly Chambers Borough Administration Building Soldotna, Alaska
7:00PM Regular Assembly Meeting Borough Asserrlbly Chambers Borough Administration Building Soldotna, Alaska
Kenai Peninsula Borough Assembly Meeting Schedule
Kenai Peninsula Borough Assembly Finance Committee
October 11, 2005 3:00PM Borough Assembly Chambers Borough Administration Building, Soldotna
Chris Moss, Chair Betty Glick, Vice Chair Paul Fischer
AGENDA
O. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)
1. Ordinance 2005-19-24: Accepting and Appropriating a State Grant in the Amount of $71,500 for a Mobile Hydrant Unit for the Bear Creek Fire Service Area (Mayor) 43
2. Ordinance 2005-19-26: Accepting and Appropriating a Grant from the Alaska Division ofHomeland Security and Emergency Management in the Amount of$340,621 for Emergency Siren System Repairs and Upgrades (Mayor) .... . 48
4. Ordinance 2005-40: Amending KPB 5.12.100 to Exempt Certain Senior Housing from Real Property Taxation (Merkes) 65
Q. NEW BUSINESS
1. Bid Awards
*a. Resolution 2005-088: Authorizing Award of Contract for Professional Design Services for the Nikolaevsk Fire Substation Project (Mayor) 68
3. Ordinances
*a. Ordinance 2005-19-31: Accepting and Appropriating Two State Grants Totaling $460,000 for School Equipment and Supplies (Mayor) (Hearing 11/15/05) 79
*Consent Agenda Items Staff requested:
Finance Director or Representative
Kenai Peninsula Borough Assembly Page I of I FINANCE COMMITIEE
Kenai Peninsula Borough Assembly Lands Committee
October 11,2005 3:30PM Conference Room "C' Borough Administration Building, Soldotm
Grace Merkes, Chair Milli Martin, Vice Chair Gary Superman
AGENDA
O. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)
3. Ordinance 2005-39: Authorizing the Sale of Tract C ofITC Anchor Point Subdivision to Kachemak Gun Club, Inc. at Other than Fair Market Value (Mayor, Martin) 55
Q. NEW BUSINESS
2. Resolutions
*b. Resolution 2005-090: Supporting the Inclusion of Cook Inlet in the Outer Continental Shelf Oil & Natural Gas Leasing Program for 2007-2012 (Mayor) 74
4. Other
*a. Petition to Vacate a 50-foot Section Line Easement along the Southern Boundary of Lot 25B Subdivision of Government Lot 25 (Plat HM 86-73); Section 20, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-179 (Postponed from July 19, 2004 meeting); Petitioners: Donald A. and Judith A. McDonald of Ninilchik, Alaska; Location: West of Sterling Hwy in Ninilchik 84
[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled September 12, 2005 meeting.}
*b. Petition to Vacate the 33-foot Roadway and Public Utility Easements, along the East and West sides ofGovernment Lots 7 & 8, Along the North Side of Lot 7 and the South Side of Lot 8 Reserved by Patent; within Section 12, Township 6 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2005-210; Petitioners: Judith A. and R. J. Davis ofHomer, Alaska; Location: West ofDiamond Ridge Road in Homer 105
[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled September 12, 2005 meeting.}
*Consent Al!enda Items Staff req uested:
Planning Director
Kenai Peninsula Borough Assembly Page 1 of 1 LANDS COMMITTEE
Kenai Peninsula Borough Assembly Policies & Procedures Committee
October 11, 2005 Immediately following Lands Committee Conference Room "C"
Borough Administration Building, Soldotna
Dan Chay, Chair Ron Long, Vice Chair Pete Sprague
AGENDA
Q. NEW BUSINESS
2. Resolutions
*a. Resolution 2005-089: In Support ofthe Continuing Work ofthe Cook Inlet Aquaculture Association (Moss) 71
*c. Resolution 2005-091: Supporting the Sterling Senior Center Grant Application to Alaska Housing Finance Corporation (Merkes) 77
*d. Resolution 2005-092: Certifying the Results ofthe October 4,2005 Regular Borough Election (Superman at the request of the Borough Clerk) LAYDOWN
4. Other
*c. Confirmation of New Department Head, Fred W. Swen - Chief, Nikiski Fire Service Area 130
*Consent AQ"enda Items Staff requested:
Borough Clerk
Kenai Peninsula Borough, Alaska Page 1 of 1 POLICIES AND PROCEDURES COMMITTEE
Kenai Peninsula Borough Assembly Legislative Committee
October 11, 2005 4:00PM Borough Assembly Chambers Borough Administration Building, Soldotna Ron Long, Chair I Gary Superman, Vice Chair
AGENDA
ITEMS NOT APPEARING ON THE REGULAR MEETING AGENDA
DiscussioniTimelinelDeadlines
• 2006 Legislative Priorities
2006 Federal Priorities
2006 Federal Transportation Priorities
*Consent Agenda Items Staff requested: Borough Clerk
Kenai Peninsula Borough, Alaska Page I of I POLICIES AND PROCEDURES COMMITIEE
Kenai Peninsula Borough Assembly Agenda
)ctober 11,2005 - 7:00 p.m. Regular Meeting Borough Assembly Chambers, Soldotna, Alaska A. CALL TO ORDER
, lry Superman B. PLEDGE OF ALLEGIANCE ",usembly President Seat 3 - Nikiski C. INVOCATION - rm Expires 2007
Non Long D. ROLLCALL Assembly Vice President at 6 - East Peninsula E. COMMITTEE REPORTS rm Expires 2006
n·zn Chay F. APPROVAL OF AGENDA AND CONSENT AGENDA sembly Member (All items listed with an asterisk ("') are considered to be routine and non-controversial by the u~at 1 - Kalifornsky Assembly and will be approved by one motion. There will be no separate discussion of these Term Expires 2006 items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. lui Fischer Assembly Member Seat 7 - Central G. VACANCY, DESIGNATION AND SEATING OF ASSEMBLY rm Expires 2007 MEMBERS
Betty Glick H. APPROVAL OF MINUTES J rsembly Member at 2 - Kenai • ~rm Expires 2005 *1. September 20, 2005 Regular Assembly Meeting Minutes 1
. 'illi Martin I. COMMENDING RESOLUTIONS AND PROCLAMATIONS 'sembly Member ~eat 9 - South Peninsula Term Expires 2006 J. PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total)
'ace Merkes Assembly Member 1. Roadway leading to Spirit Lake, Polly (Crawford) Blair (10 minutes) ~.?at 5-SterlinglFunny River rm Expires 2005 2. Arctic Winter Games Quarterly Report, Tim Dillon (10 minutes)
Chris Moss :sembly Member K. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE at 8 - Homer AGENDA (3 minutes per speaker; 20 minutes aggregate) term Expires 2005
?te Sprague L. REPORTS OF COMMISSIONS AND COUNCILS ;sembly Member Seat 4 - Soldotna 7"~rm Expires 2007
October 11, 2005 Page 1 of6 M. MAYOR'S REPORT 16
1. Agreement and Contracts
a. Spruce Bark Beetle Mitigation Program
• Approval of Contracts with Segesser Surveys for West Hill, Endicott Drive, Fishermans Avenue #2, and Subdivision Road Surveying Projects 17
b. Approval of Bid Award and Contract with Hopkins Brothers Construction for the Port Graham Landfill Inert Waste Management Project 25
c. Approval of Contract with B. J. Coopes, M.D., P.C. for Two Days Training for CES 27
d. Approval of Contract with Blakeley's Auction Company for Auctioneering Services ofTax Foreclosed Parcels 28
e. Approval of Contract with Blakeley's Auction Company for Auctioneering Services for KPB Outcry Auction 29
f. Approval of Contract with McLane Consulting for Engineering Services associated with Road Upgrade for Chinulna Drive/Ocean Entrance Drive 31
g. Approval of Contract with Wm. J. Nelson & Associates for Engineering Services associated with Road Upgrade for Ryan Lane, Centennial Subdivision, Whisperwood Subdivision and Wilderness Park Subdivision 32
h. Approval of Bid Award and Contract with Great Northern Construction & Management for Delivery of Aggregate Material to Central Peninsula Landfill 33
1. Approval of Bid Award to Holden Company for Construction Services for the Tustumena Elementary Water Treatment Building .... 35
2. Other
a. Recap of 2005 Surplus Property Auction 37
b. Litigation Report - September 29, 2005 40
October 11, 2005 Page 2 of6 N. ITEMS NOT COMPLETED FROM PRIOR AGENDA - none
O. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)
1. Ordinance 2005-19-24: Accepting and Appropriating a State Grant in the Amount of $71,500 for a Mobile Hydrant Unit for the Bear Creek Fire Service Area (Mayor) (Referred to Finance Committee) 43
2. Ordinance 2005-19-26: Accepting and Appropriating a Grant from the Alaska Division ofHomeland Security and Emergency Management in the Amount of $340,621 for Emergency Siren System Repairs and Upgrades (Mayor) (Referred to Finance Committee) 48
3. Ordinance 2005-39: Authorizing the Sale of Tract C of ITC Anchor Point Subdivision to Kachemak Gun Club, Inc. at Other than Fair Market Value (Mayor, Martin) (Referred to Lands Committee) 55
4. Ordinance 2005-40: Amending KPB 5.12.100 to Exempt Certain Senior Housing from Real Property Taxation (Merkes) (Referred to Finance Committee) 65
P. UNFINISHED BUSINESS - none
Q. NEW BUSINESS
1. Bid Awards
*a. Resolution 2005-088: Authorizing Award of Contract for Professional Design Services for the Nikolaevsk Fire Substation Project (Mayor) (Referred to Finance Committee) 68
2. Resolutions
*a. Resolution 2005-089: In Support ofthe Continuing Work ofthe Cook Inlet Aquaculture Association (Moss) (Referred to Policies and Procedures Committee) 71
*b. Resolution 2005-090: Supporting the Inclusion of Cook Inlet in the Outer Continental Shelf Oil & Natural Gas Leasing Program for 2007-2012 (Mayor) (Referred to Lands Committee) 74
*c. Resolution 2005-091: Supporting the Sterling Senior Center Grant Application to Alaska Housing Finance Corporation (Merkes) (Referred to Policies and Procedures Committee) 77
October 11, 2005 Page 3 of6 *d. Resolution 2005-092: Certifying the Results ofthe October 4,2005 Regular Borough Election (Superman at the request ofthe Borough Clerk) (Referred to Policies and Procedures Committee).LAYDOWN
3. Ordinances
*a. Ordinance 2005-19-31: Accepting and Appropriating Two State Grants Totaling $460,000 for School Equipment and Supplies (Mayor) (Hearing 11/15/05) (Referred to Finance Committee) 79
4. Other
*a. Petition to Vacate a 50-foot Section Line Easement along the Southern Boundary of Lot 25B Subdivision of Government Lot 25 (Plat HM 86-73); Section 20, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-179 (Postponed from July 19, 2004 meeting); Petitioners: Donald A. and Judith A. McDonald ofNinilchik, Alaska; Location: West of Sterling Hwy in Ninilchik (Referred to Lands Committee) 84
[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled September 12, 2005 meeting.]
*b. Petition to Vacate the 33-foot Roadway and Public Utility Easements, along the East and West sides of Government Lots 7 & 8, Along the North Side ofLot 7 and the South Side ofLot 8 Reserved by Patent; within Section 12, Township 6 South, Range 14 West, Seward Meridian, Alaska; and withinthe Kenai PeninsulaBorough; KPB File 2005-210; Petitioners: Judith A. and R. J. Davis of Homer, Alaska; Location: West ofDiamond Ridge Road in Homer (Referred to Lands Committee) 105
[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled September 12, 2005 meeting.]
*c. Confirmation of New Department Head, Fred W. Swen - Chief, Nikiski Fire Service Area (Referred to Policies and Procedures Committee) 130
R. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)
October 11, 2005 Page 4 of 6 S. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
November 1,2005 07:00 PM Regular Assembly Meeting Soldotna
T. ASSEMBLY COMMENTS
U. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.)
1. Resolution 2005-067: Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enterinto an Agreement with the City ofHomer to Provide Fire and Emergency Medical Services (Martin, Mayor) (Postponed to 11/01/05) (Referred to Finance Committee)
2. Ordinance 2005-13: Amending KPB 21.26.030 (A)(3)to Clarify Conditions for Material Site Permits (Chay) (Hearing on 11/01/05) (Referred to Lands Committee)
3. Ordinance 2005-19-28: Accepting and Appropriating a State Grant in the Amountof$175,000forthe Youth Facility in the North PeninsulaRecreation Service Area (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)
4. Ordinance 2005-19-29: Accepting and Appropriating Fifteen State Grants Totaling $2,438,651 for School Projects (Mayor) (Hearing 11 /01/05) (Referred to Finance Committee)
5. Ordinance 2005-19-30: Accepting and Appropriating a Western States Wildland Urban Interface Grant from the Alaska Department of Natural Resources, Division ofForestry, in the Amount of$175,750 for Developing Community Wildfire Protection Plans (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)
6. Ordinance 2005-38: Amending Kenai Peninsula Borough Title 16 to Authorize Certain Volunteers to Serve on their Respective Service Area Boards (Mayor) (Hearing on 11/01/05) (Referred to Policies and Procedures Committee)
7. Ordinance 2005-43: Amending KPB 2.40.030 to Delete the Provision Authorizing the Borough Mayor to Vote on Planning Commission Actions in the Case of a Tie (Mayor) (Hearing 11/01/05) (Referred to Policy and Procedures Committee)
8. Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Referred to Finance Committee) (Tabled on 03/01/05)
October 11, 2005 Page 5 of6 9. Resolution 2005-044: Supporting the Funny River Bridge Project and Authorizing the Mayor to Negotiate the Administration, Management, and Ownership of the Project with the State Department of Transportation and Public Facilities (Mayor) (Referred to Lands Committee) (Tabled on 06/09/05)
v. INFORMATIONAL MATERIALS AND REPORTS
w. NOTICE OF NEXT MEETING AND ADJOURNMENT
The next meeting ofthe Kenai Peninsula Borough Assembly will be held on November 1, 2005, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.
This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBB1-AM 890 (South Peninsula), K201AO-FM 88. 1(East Peninsula). Copies ofagenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. Forfurther information, please cal/ the Clerk's Office at 714-2160 or tol/free within the Borough at 1-800 478-4441, Ext. 2160. Visit our website at www.borough.kenai.ak.usfor copies ofthe agenda, meeting summaries, ordinances and resolutions.
October 11, 2005 Page 6 of6 Kenai Peninsula Borough Assembly Meeting Minutes
September 20, 2005 - 7:00 p.m. Regular Meeting -Homer, Alaska
CALL TO ORDER
A RegularMeeting ofthe Kenai PeninsulaBoroughAssembly was held onSeptember20, 2005, inthe City Council Chambers, HomerCity Hall, Homer, Alaska. President Supermancalledthe meeting to orderat 7:00p.m.
PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was recited followed by the invocation given by President Superman.
There were present:
Gary Superman, Presiding Milli Martin Dan Chay Grace Merkes Betty Glick Chris Moss Paul Fischer Pete Sprague Ron Long
comprising a quorum of the assembly.
Also in attendance were:
Dale Bagley, Borough Mayor Colette Thompson, Borough Attorney Sherry Biggs, Borough Clerk Johni Blankenship, Deputy Clerk
COMMITTEE REPORTS (7:02:00)
Assembly Member Moss said the Finance Committee met and discussed its lengthy agenda.
AssemblyMemberChay saidthe Policies and Procedures Committee metand discussed its agendaitems.
Assembly Member Merkes stated the Lands Committee met and addressed its brief agenda.
APPROVAL OF AGENDA AND CONSENT AGENDA (7:11:30)
Kenai Peninsula Borough Assembly Meeting Minutes September 20, 2005 Vol. 44, Page 383
1 MOTION TO APPROVE AGENDAS: Glick moved for the approval ofthe agenda and consent agenda.
President Superman called for additions, corrections or deletions to the agenda or consent agenda.
MOTION: Sprague moved to suspend the rules and move Ordinance 2005-13 to the last item ofbusiness under New Business.
Copies having been made available to the public, Borough Clerk Sherry Biggs noted by title only the resolutions, ordinances and minutes on the consent agenda.
• August 16, 2005 Board ofEqualization Minutes
• September 6,2005 Regular Assembly Meeting Minutes
• Resolution 2005-082: Authorizing Award ofa Contractfor the Homer Landfill Closure Design (Mayor) (Referred to Finance Committee)
Resolution 2005-087: Authorizing Award ofa Contract for a Combination Fire Safety/Sprinkler Trailer (Mayor) (Referred to Finance Committee)
• Resolution 2005-083: Accepting the Transfer ofResponsibility for the Planning, Design, and Construction ofTransportation-Related Improvements, Including Improvements to the Skyview Trails System (Mayor) (Referred to Policy and Procedures Committee)
[Clerk's Note: Technical amendments were made to Resolution 2005-083 as follows: Title to read, "[ACCEPTING} Requesting the Transfer ofResponsibilityfor the Planning, Design, and Construction ofTransportation-Related Improvements, Including Improvements to the Skyview Trails System. " Final Whereas to read, "AS 35.15.080 requires that the governing body [ACCEPT} request the transfer ofresponsibility by resolution. "}
Resolution 2005-084: Appointing an Assembly Representative to the Kenai Peninsula College Council (Superman) (Referred to Policy and Procedures Committee)
Assembly Meeting Minutes Kenai Peninsula Borough Vol. 44, Page 384 September 20, 2005
2 • Resolution 2005-085: Authorizing anExtensionofthe SouthPeninsula Hospital PropertyLease (Mayor) (Referred to Lands Committee)
[Clerk's Note: Technical amendments were made to Resolution 2005-085 as follows: ~h Whereas to read, "a [31} 36-year extension ofthe original lease term wouldprovide the borough with more substantial interest in the property to betterjustify expendituresfor the expansion project; and" and Section 2 to read, "That the agreement described in Section 1 above shallprOVide for a [31} 36-year extension ofthe original terms, and all other terms ofthe amended lease shall remain in effect. "}
Resolution 2005-086: In Support ofMaintaining a Strongand Reliable Escort Fleetand PreseIVing the Practice ofRequiring Two Escorts, as CurrentlyPracticed, for all Laden Tankers Transiting Prince William Sound (Chay, Merkes) (Referred to Policy and Procedures Committee)
• Ordinance 2005-19-28: Accepting and Appropriating a State Grant in the Amountof$175,000 for the YouthFacility intheNorthPeninsulaRecreation Service Area (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)
• Ordinance 2005-19-29: Accepting and Appropriating Fifteen State Grants Totaling $2,438,651 for School Projects (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)
• Ordinance 2005-19-30: Accepting and Appropriating a Western States Wildland Urban Interface Grantfrom the Alaska Department ofNatural Resources, Division ofForestry, inthe Amountof $175,750 for Developing Community Wildfire Protection Plans (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)
• Ordinance 2005-43: Amending KPB 2.40.030 to Delete the Provision Authorizing the Borough Mayorto Vote onPlanning CommissionActions inthe Case ofa Tie (Mayor) (Hearing 11/01/05) (Referred to Policy and Procedures Committee)
Approval ofElection Board Officials for the October 4th, 2005 Regular Municipal Election (Referred to Policy and Procedures Committee)
• Confirming Appointments to the KPB Road Service Area Board (Referred to Policy and Procedures Committee)
Appointment Board Seat Term Expires Joe Ross At-Large September 30, 2008 John Bonk At-Large September 30, 2008
President Superman called for public comment on consent agenda items with none being offered.
AGENDAS APPROVED AS AMENDED: Unanimous. (7:19:07)
Kenai Peninsula Borough Assembly Meeting Minutes September 20,2005 Vol. 44, Page 385
3 COMMENDING RESOLUTIONS AND PROCLAMATIONS
Mayor Bagleypresented a Proclamationto Jim Bradydeclaring the monthofOctober2005 as Disability Employee Awareness Month and the week ofOctober 16-22,2005 as Disability Mentoring Week.
PRESENTATIONS WITH PRIOR NOTICE
Mike Gracz with the Kenai Watershed Forum presented the new wetland map as shown on the Kenai Peninsula BoroughWebsite and gave a briefsummaryofthe developmentofthe map and the collaboration with the borough.
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:38:43)
President Superman opened the public comment period.
Tim Navarre, PO Box 92, Kenai, AK, thanked Chris Moss for serving on the Assembly.
There being no one else who wished to speak, the public comment period was closed.
REPORTS OF COMMISSIONS AND COUNCILS - None.
MAYOR'S REPORT (7:41:20)
1. Agreement and Contracts
a. Spruce Bark Beetle Mitigation Program
Approval ofContract with Precision Milling for Rogers Road Slash Removal Project
b. Approval of Contract with Aardvark Excavating, Inc. for Sterling Elementary Septic System Replacement
c. Approval ofContract with McLane Consulting, Inc. for Storm Water Pollution Prevention Plan for Snug Harbor Pit #2 in Cooper Landing
d. Approval of Contract with McLane Consulting, Inc. for Surveying, Platting and Relocate to Vacate LaCross Way
e. Approval ofContract with Rozak Excavating & Consulting, Inc. for Delivery ofAggregate Material to Central Peninsula Landfill
Assembly Meeting Minutes Kenai Peninsula Borough Vol. 44, Page 386 September 20, 2005
4 f. Approval of Contract with Mity-Lite of Orem, Utah for purchase of Furniture for Nikiski Community Recreation Center
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.
PUBLIC HEARINGS ON ORDINANCES (7:41:30) Ordinance 2005-19-19: Accepting and Appropriating Five Fire Assistance Grants from the AlaskaDepartmentofNaturalResources (Mayor)(Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-19.
Assembly Member Moss stated the grants would be utilized for fire fighting equipment and training.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Moss moved to amend Ordinance 2005-19-19 as follows:
Section 2 to read, "That grant funds are appropriated to the fire fighting rescue equipment accounts for the service areas as follows: $3,550 to Account 209.51420.6RFA2[1].48514, APFSA Fund"
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED: Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman No: None Absent: None MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent (7:44:24) Ordinance 2005-19-21: Accepting and Appropriating a State Grant in the Amount of $75,000 for a Water Tender for Kachemak Emergency Service Area (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-21.
AssemblyMemberMoss stated the water tender was one ofthe Borough'sLegislative funding priorities.
President Superman opened the public comment period with none being offered.
Kenai Peninsula Borough Assembly Meeting Minutes September 20, 2005 Vol. 44, Page 387
5 VOTE ON MOTION TO ENACT: Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman No: None Absent: None MOTION TO ENACT PASSED 9 Yes, 0 No, 0 Absent (7:46:08) Ordinance 2005-19-25: Accepting and Appropriating a State Grant in the Amount of $40,000 for Access and Improvements to Tsalteshi Trail System (Mayor) (Referred to Finance Committee)
Ordinance 2005-19-25 (Substitute): Accepting and Appropriating a State Grant in the Amount of$40,000 for Transportation-Related WorkAssociatedwith the 2006 Arctic Winter Games (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-25.
Assembly Member Moss stated the grant money would be used for upgrading the existing lighting and provide for additional infrastructure on the Tsalteshi Trails System.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Glick moved to amend Ordinance 2005-19-25 by substitution.
MOTION TO AMEND BY SUBSTITUTION PASSED: Unanimous.
VOTE ON MOTION TO ENACT SUBSTITUTE: Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman No: None Absent: None MOTION TO ENACT SUBSTITUTE PASSED: 9 Yes, 0 No, 0 Absent (7:48:03) Ordinance 2005-19-27: Appropriating $18,000 for a Communications Center Operating Cost Analysis (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-27.
Assembly MemberMoss statedthe money would be used to analyze and allocate the costbetweenall the services that would be using the Communications Center.
President Superman opened the public comment period with none being offered.
Assembly Meeting Minutes Kenai Peninsula Borough Vol. 44, Page 388 September 20, 2005
6 VOTE ON MOTION TO ENACT: Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman No: None Absent: None MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent (7:52:37) Ordinance 2005-38: Amending Kenai Peninsula Borough Title 16 to Authorize Certain Volunteers to Serve on their Respective Service Area Boards (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2005-38.
President Superman opened the public comment period with none being offered.
MOTION TO POSTPONE: Chay moved to postpone Ordinance 2005-38 until the November 1,2005 meeting.
VOTE ON MOTION TO POSTPONE: Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman No: None Absent: None MOTION TO POSTPONE PASSED: 9 Yes, 0 No, 0 Absent (7:54:54) Ordinance 2005-41: Authorizing an Amendment to the Sublease and Operating Agreementwith South Peninsula Hospital, Inc. Authorizing it to Enter into Certain Short-Term Rental Agreements (Martin) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-41.
Assembly Member Moss stated the ordinance would allow for temporary housing rentals for visiting doctors and nurses.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Moss moved to amend Ordinance 2005-41 as follows:
Final Whereas to read, "at its meeting of September 8, 2005 the SouthPeninsulaHospital SAB recommended enactment;"
Kenai Peninsula Borough Assembly Meeting Minutes September 20, 2005 Vol. 44, Page 389
7 Section 1 to read, "That the administration is hereby authorized to amend the sublease and operating agreement for SouthPeninsulaHospital entered the 8th day ofApril 2003 between the Kenai PeninsulaBoroughonbehalfofthe South Peninsula Hospital Service Area Board (Lessor) andthe SouthPeninsulaHospital, Inc. ("SPHI"), Lessee, by revising paragraph 4(A) as follows:
To operate a non-profit hospital, including inpatient and outpatient hospital services, personal care attendant services, inpatient long tenn care services, home and community-based health care services, preventive medical care and wellness programs, and health education programs within the service area in accordance with state, federal and local laws. SPHI may lease property off premises that is needed for hospital purposes, subject to SAB approval by resolution, provided that intennittentrentals for housing ternporary staffthat do not exceed four weeks duration and a total dollar amount of $1,500 per unit rented will not require prior approval ofthe SAB ifthe SAB does not meet after the need is known and before rental is needed. SPHI shall provide the SAB with copies ofall such rental agreements atthe next regularly scheduled SAB meeting."
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED: Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman No: None Absent: None MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
Assembly Meeting Minutes Kenai Peninsula Borough Vol. 44, Page 390 September 20, 2005 8 (7:59:30) Ordinance2005-42: Non-Objection to Certain VolunteerFireDepartments being Recognized by the State as Volunteer Fire Departments to Provide Fire Protection in the Kenai Peninsula Borough (Mayor, Martin) (Referred to Policies and Procedures Committee)
MOTION: Merkes moved to enact Ordinance 2005-42.
President Superman opened the public comment period with none being offered.
VOTE ON MOTION TO ENACT: Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman No: None Absent: None MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent (8:10:23) Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Referred to Lands Committee)
[Clerk's Note: There was a motion to enact on the floor from the August 2, 2005 meeting.}
Assembly Member Merkes stated she had a conflict of interest as she co-owns a gravel pit with her husband. President Supermandeclared a conflict did exist and AssemblyMemberMerkes abstained from voting on Ordinance 2005-13.
President Superman called for public comment.
The following people spoke in support of Ordinance 2005-13:
Rick Foster, PO Box 3328, KPB Planning Commission, Homer, AK Merriam Warrington, 72229 North Fork Road, Anchor Point, AK Helen Schwert, 72229 North Fork Road, Anchor Point, AK Melvin Harbort, PO Box 21, Anchor Point, AK Earl Breyfogle PO Box 496, Anchor Point, AK Steve Ebbert, PO Box 1938, Anchor Point, AK Connie Alderson, PO Box 221, Anchor Point, AK Gary Williams, 34595 Silverweed Street, Soldotna, AK Steve Chmielowiec, PO Box 795, Anchor Point, AK John Rate, PO Box 2169, Homer, AK Ann Bayes, PO Box 575, Anchor Point, AK David Anderson, Birch Haven Court, Anchor Point, AK Bob Shavelson, Executive Director of Cook Inlet Keeper
Kenai Peninsula Borough Assembly Meeting Minutes September 20, 2005 Vol. 44, Page 391
9 Howard Manseur, PO Box 1091, Anchor Point, AK
The following people spoke in opposition to Ordinance 2005-13:
Ina Jones, PO Box 15401, Fritz Creek, AK John Glanville, 41420 Sterling Highway, Homer, AK Raymond Drake, PO Box 23, Anchor Point, AK Ruby Kime, Alice Avenue, Anchor Point, AK Broch Shafer, PO Box 1052, Anchor Point, AK Cap Shafer, 34481 N. ForkRoad, Anchor Point, AK Brad Drake, PO Box 23, Anchor Point, AK Jeanette Shafer, PO Box 1052, Anchor Point, AK (9:53:05) There being no one else who wished to speak the public comment period was closed.
MOTION TO AMEND: Chay moved to amend Ordinance 2005-13 as follows:
Add a new Section 3 to read, "amend KPB 21.25.030 Definition by adding the following:
Compelling means convincing
Reasonable means being in accord with reason, fairness, duty or prudence; to an appropriate degree or kind: supported or justified by fact or circumstance."
Assembly Members Martin and Sprague spoke in opposition to the amendment.
President Superman passedthe gavel to Vice PresidentLong. President Superman spoke inopposition to the amendment. Vice President Long returned the gavel.
Vice President Long spoke in opposition to the amendment.
VOTE ON MOTION TO AMEND: Yes: None No: Chay, Fischer, Glick, Long, Martin, Moss, Sprague, Superman Absent: None Abstained: Merkes MOTION TO AMEND FAILED: oYes, 8 No, 0 Absent, 1 Abstention
Assembly Meeting Minutes Kenai Peninsula Borough Vol. 44, Page 392 September 20. 2005
10 MOTION TO AMEND: Chay moved to amend Ordinance 2005-13 as follows:
Section 1to read, "Aquiferdisturbance. Material site uses shall be conducted in a manner that minimizes disturbing an aquifer. [EXCEPT AS PROVIDED IN THIS SUBSECTION, ALL CONDITIONAL LAND USE PERMITS SHALL BE ISSUED WITH A CONDITION WHICH PROHIBITS ANY MATERIAL EXTRACTION WITHIN 100 FEET OF ANY INDIVIDUAL'S EXISTING WATER SOURCE AND WHICH LIMITS MATERIAL EXTRACTION BETWEEN 100 FEET AND 300 FEET OF ANY INDIVIDUAL'S EXISTING WATER SOURCE TO NO DEEPER THAN TWO FEET ABOVE THE SEASONAL HIGH GROUNDWATER TABLE.] The quantity and quality ofan aquifer serving other property must not be negatively impacted bythe material site. Before a Conditional Land Use Permit (CLUP) has been issued, the permit applicant will provide convincing evidence to showthat material extractionwill not negatively impact the quantity and quality of an aquifer serving other properties. This may require supporting data and a statement under seal from a duly licensed and [CERTIFIED HYDROLOGIST] qualified independent civil engineer or professional hydrogeologist stating that material site developmentwill not negatively impact the quantity and quality of an aquifer serving other properties. An exemption may be granted by the planning commission upon a demonstration ofextenuating circumstances ifthe contractor posts a bond in an amount approved by the planning commissionfor liability for the potential accrued damages. Material may be extracted from an aquifer provided there is no dewatering either by pumping, ditching or some other form ofdraining unless an exemption is acquired from the planning commission. The exemption for dewatering may be granted ifthe operator provides a statement under seal and supporting data from a dilly licensed and qualified Kenai Peninsula Borough Assembly Meeting Minutes September 20, 2005 Vol. 44, Page 393
11 independent civil engineer, that the dewatering will not lower any ofthe surrounding property's water systems and the contractor posts a bond for liability for potential accrued damages. Counter permits are exempt from this standard."
VOTE ON MOTION TO AMEND: Yes: Chay, Fischer, Glick, Long, Martin, Moss, Sprague, Superman No: None Absent: None Abstained: Merkes MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Chay moved to amend Ordinance 2005-13 as follows:
Section 2 KPB 21.26.030(8) to read, "Additional permit conditions. The planning commissionmayuse information gatheredbythe planning director, by engineering, hydrology, and ecology professionals, or otherwise gathered in the application process to set enforceable conditions as a minimurn basis for granting a ConditionalLandUse Permit. This is intended to enable the planning commission to address circumstances unique to any particularapplication or situation."
Assembly Members Long and Moss spoke in opposition to the amendment.
Assembly Member Chay spoke in support of the amendment.
MOTION TO AMEND: (Secondary) Sprague moved to amend the amendment as follows:
Section 2 KPB 21.26.030(8) to read,"Additional pennitconditions. The planningcommissionmay use information gatheredbythe planning director, by engineering, hydrology, and ecology professionals, or otherwise gathered in the application process to set [ENFORCEABLE] conditions [AS A MINIMUM BASIS] for granting a Conditional Land Use Permit. [TIllS
Assembly Meeting Minutes Kenai Peninsula Borough Vol. 44, Page 394 September 20, 2005 12 IS INTENDED TO ENABLE THE PLANNING COMMISSION TO ADDRESS CIRCUMSTANCES UNIQUE TO ANY PARTICULAR APPLICATION OR SITUATION.]"
Assembly Members Glick and Chay spoke in support ofthe secondary amendment.
VOTE ON SECONDARY AMENDMENT: Yes: Chay, Fischer, Glick, Martin, Moss, Sprague, Superman No: Long Absent: None Abstained: Merkes SECONDARY AMENDMENT PASSED: 7 Yes, 1 No, 0 Absent, 1 Abstention
VOTE ON MAIN MOTION AS ANIENDED: Yes: Chay, Fischer, Glick, Moss, Sprague No: Long,Martin,Superman Absent: None Abstained: Merkes MAIN MOTION AS AMENDED PASSED: 5 Yes, 3 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2005-13 as follows:
Section 1to read, "The quantity and qualityofan aquifer serving other property must not be negatively impacted bythe material site. Before a Conditional Land Use Permit (CLUP) has been issued, the [BURDEN IS ON THE] permit applicant will [TO] provide [REASONABLE AND COMPELLING] convincing evidence to showthatmaterial extractionwill notnegatively impact the quantity and quality of an aquifer servicing other properties." VOTE ON MOTION TO AMEND: Yes: Chay, Fischer, Glick, Long, Martin, Moss, Sprague,Superman No: None Absent: None Abstained: Merkes MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
Kenai Peninsula Borough Assembly Meeting Minutes September 20, 2005 VoL 44, Page 395
13 MOTION TO POSTPONE: Long moved to postpone Ordinance 2005-13 until the November 1,2005 meeting.
President Superman passed the gavel to Vice President Long. President Superman spoke in support of postponing the ordinance. Vice President Long returned the gavel.
Assembly Members Fischer and Martin spoke in support ofpostponement.
VOTE ON MOTION TO POSTPONE: Yes: Fischer, Glick, Long, Martin, Sprague, Superman No: Chay, Moss Absent: None Abstained: Merkes MOTION TO POSTPONE PASSED: 6 Yes, 2 No, 0 Absent, 1 Abstention (11:14:51) UNFINISHED BUSINESS (postponed Items)
Resolution 2005-067: Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enter into an Agreement with the City ofHomer to Provide Fire and Emergency Medical Services (Martin, Mayor) (Referred to Finance Committee)
[Clerk's Note: There was a motion to adopt on the floor from the July 12, 2005 meeting.]
President Superman opened the public comment period with none being offered.
MOTION TO POSTPONE: Moss moved to postpone Resolution 2005-067 until the November 1, 2005 meeting.
VOTE ON MOTION TO POSTPONE: Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman No: None Absent: None MOTION TO POSTPONE PASSED: 9 Yes, 0 No, 0 Absent
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
Ann Bayes, PO Box 575, Anchor Point, AK, thanked the Assembly for their service to the public and especially thanked Chris Moss for his service to the residents ofHomer. (11:16:20) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
Assembly Meeting Minutes Kenai Peninsula Borough Vol. 44, Page 396 September 20, 2005
14 • The Kenai Peninsula Borough BoardofAdjustment was scheduled to meet September 21,2005 at 9:00 a.m. in the Islands and Ocean Visitor Center in Homer, Alaska.
The nextmeeting oftheKenai PeninsulaBorough Assemblywas scheduledfor October 11,2005, at 7:00 p.m. in the Assembly Chambers ofthe BoroughAdministration Building in Soldotna, Alaska.
ASSEMBLY COMMENTS (1l:16:21) Assembly Member Martin thanked the City of Homer for hosting dinner for the Assembly.
Assembly Member Sprague thanked the City of Homer for their hospitality and the great weather.
Assembly MemberChay thanked his fellow AssemblyMembers for theirhard workfor Ordinance 2005 13.
Vice PresidentLong thankedthe CityofHomerfor hosting the Assembly. He further gave a special thanks to Chris Moss.
Assembly Member Moss thanked the assembly for their kind words and for his birthday cake. He expressed his gratitude in being able to serve his community on the Assembly.
ADJOURNMENT (1l:23:14)
Withno further business to come before the assembly, President Superman adjournedthe meeting at 11 :30 p.m.
I certifythe above represents accurate minutes ofthe Kenai Peninsula Borough Assembly meeting of September 20, 2005.
Sherry Biggs, Borough Clerk
Approved by Assembly_' _
Kenai Peninsula Borough Assembly Meeting Minutes September 20, 2005 Vol. 44, Page 397
15
KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA. 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 -.," "-,. --.,.,~ DALE BAGLEY MAYOR'S REPORT TO THE ASSEMBLY MAYOR
TO: Gary Superman, Assembly President Kenai Peninsula Borough Assembly Members
FROM: Otif, Dale L. Bagley, Borough Mayor
DATE: October 11, 2005
Agreements and Contracts
1. Spruce Bark Beetle Mitigation Program: • Approval of contracts with Segesser Surveys for West Hill, Endicott Drive, Fishermans Avenue #2, and Subdivision Road Surveying Projects.
2. Approval of bid award and contract with Hopkins Brothers Construction for the Port Graham Landfill Inert Waste Management Project.
3. Approval of contract with B.J. Coopes, M.D., P.c. for two days training for CES.
4. Approval of contract with Blakeley's Auction Company for Auctioneering Services of Tax Foreclosed Parcels.
5. Approval of contract with Blakeley's Auction Company for Auctioneering Services for KPB Outcry Auction.
6. Approval of contract with McLane Consulting for Engineering Services associated with road upgrade for Chinulna Drive/Ocean Entrance Drive.
7. Approval of contract with Wm. 1. Nelson & Associates for Engineering Services associated with road upgrade for Ryan Lane, Centennial Subdivision, Whisperwood Subdivision and Wilderness Park Subdivision.
8. Approval of bid award and contract with Great Northern Construction & Management for delivery of aggregate material to Central Peninsula Landfill.
9. Approval of bid award to Holden Company for Construction Services for the Tustumena Elementary Water Treatment Building.
10. Recap of2005 Surplus Property Auction
11. Litigation Report - September 29, 2005
DLB/bd
MAYOR'S REPORT MAYOR'S REPORT 16 Contractors Printed Name: Seaesser Surveys PROPOSAL TO CONTRACT FOR SERVICES PURCHASING DEPARTMENT Contractors Federal Tax Identification Number: ~ KENAI PENINSULA BOROUGH 144 North Binkley Street 92-0164365 -.. THIS PROPOSAL BECOMES A CONTRACT WHEN ACCEPTED AND Soldotna, AK 99669 ___...... ~ . SIGNED BY THE MAYOR OR HIS DESIGNATED OFFICIAL Job/Service Provided: 907-262-4441 West Hill Survevina Proiect
ONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICE(S
ontractor is to provide all labor and equipment necessary to complete the Scope of Work for the Request For Quotes, West Hill Surveying Project r the Bid Price of $2,000.00 (Two Thousand Dollars and no cents) per the tenus and conditions of the Request For Quotes, West Hill Surveying roject (attached for reference). RoultKl from Mayor's Office to: Clerk ~uUL- Account Distribution: 262.21320.04BTL.43011 Assembly __ Legal ~. __• ...1 Finance ~ Assosslng _ Planning _ Roads ----"' SBB -----v PurchasIng ~ othor _ Dete::J.:l!J 'DO .... -....I ontractor's compensation will be: Two Thousand Dollars and no cents
Not to exceed $2,000.00
Ilnsurance, if required: Auto $ 0.00 CGL$ 0.00 E & 0 $ 1,000,000.00
ime schedule for performance will be Sixteen (16) busines~davsafter execution of contract.
CONTRACTOR ADDRESS & PHONE NUMBER: Y SIGNING BELOW, THE CONTRACTOR HEREBY AFFIRMS THAT HE OR SHE HAS READ AND ACCEPTS ALL TERMS egesser Surveys CONTRAn'J'j/~NTAINED ,NO CONDITIONS OF THIS ON THE REVERSE OF THIS FORM 0485 Rosland SI. oldotna, AK 99669 ONTRACTOR SIGNATURE X_~_d' I DATE r f113>;;' , s= 07-262-3909 ACCEPTANCE BY KENAI PENINSULA BOROUGH:
fH!fE ORDER NO. ~ / ~ J- t5~ ~ ((2 0 /05" MARK FOWLER, DATE PURCHASING & CONTRACTING DATE
REV: 4/10/03 Attachment 1 West Hill ROW Project
WESTWOOD
JEFFERY ~/ 210 209 2 o 8 BELL'
LEGEND c=J Project Parcels ) - Roads • State Road
1 2 6
CLAUDIA
VICINITY MAP
Project Area Anchor Point 0 1* • Milepost
IteMl I'Wllnlllll. 80Rluth tkP!Il 5plloQ Balli a.... M.lgIIIDIl PfOll'_18BBMP) ....~ Ard_. Ju¥ ~2. 2005 , "Ohn
ICPBOt8Il8MP •• IIOI,....,.....••• «nn, ornlMbnl, or _ioIlbM IIl'I ...,.... ~."' tu,.orbolllld.,.~. _du.~_of I~d••.."IOI.t_ ThlllMp I, noI lloIgll NP_~bn."~ lEw .....IIIIn~Io..pwI1:I)_oNy,andlt.l'Dlb... o 2.5 5 10 Miles I I I
o 500 1,000 2,000 Feet MAYORIS REPORT 11.....--l_-L------l._....L.1_...J.....-----l...._J....-...... 1 MAYORIS REPORT 18 Contractor's Printed Name: Segesser Surveys ~ PROPOSAl TO comRACT FOR SERVICES PURCHASING DEPARTMENT Contractor's Federal Tax Identification Number: ~ KENAI PENINSULA BOROUGH 144 North Binkley Street 92-0164365 THIS PROPOSAL BECOMES A CONTRACT WHEN ACCEPTED AND Soldotna, AK 99669 .-._...... SIGNED BY THE MAYOR OR HIS DESIGNATED OFFICIAL ~ Job/Service Provided: 907-262-4441 Endicott Drive Surveying Project ~ " o ~ONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICE(S ~ 00 ~ tontractor is to provide a111abor and equipment necessary to complete the Scope of Work for the Request For Quotes, Endicott Drive Surveying ""C Project for the Bid Price of $1,250.00 (One Thousand Two Hundred Fifty Dollars and no cents) per the terms and conditions of the Reguest For o Quotes Endicott Drive Survevinll Proiect (attached for reference). Routud From ~ Mayor'. Offl~: " Clerk ..,~~;...l. ASSembIY'~ Account Distribution: 262.21320.04BTL.43011 legal Finance Assessing _ Planning _ Roads ~ SBO ~ pun:hasing _ Other Date: .!l-M .~.s-
I
....L co ~ontractor's compensation will be: One Thousand Two Hundred Fifty Dollars and no cents
Not to exceed $1,250.00
Insurance, if required: Auto $ 0.00 CGL$ .0.00 E &a $ 1,000,000.00
Time schedule for performance will be Sixteen (16) business days after execution of contract.
The following attachments are incorporated herein by reference: Reauest For Quotes Endicott Drive Survevina Proiect (4 oaaes); Attachments 1 and 1-A (Proiect Mao and Parcel Information List) (2oaaes),
~ CONTRACTOR ADDRESS & PHONE NUMBER: -< BY SIGNING BELOW, THE CONTRACTOR HEREBY AFFIRMS THAT HE OR SHE HAS READ AND ACCEPTS All TERMS o CONTRACJ~'l Segesser Surveys ANO CONOITIONS OF THIS LOVIS'ONS CONTA/NED ON THE REVERSE OF TH/S FORM 30485 Rosland SI. ~ 00 ~ ~ j~" ~ Soldotna, AK 99669 CONTRACTOR SIGNATURE X 1::> /7 DATE 113;1, 907-262-3909 ~ ~ J c:::7 .. ACCEPTANCE BY KENAI PENINSULA BOROUGH: ""C ~;'l. 1 ~ o RECOMMENDED BY: ~k APP~A~: 0t~ ,/ PURCHASE ORDER NO. /1"~ ~,.-< ~ ,,~j ~ _Jy::;"_ ;-",. .LL/ J. J,/ , __,. RY v -' V/ ca--~ J- /Ja-;PJ/ 77z%5 .~. C/ --' MARK FOWL~R / DATE DEPARTMENT DIRECTOR OR DESIGNEE DATE PURCHASING & CONTRACTING MAYOR OR DESIGNATEDbFflclAL DATE
REV: 4/10/03 Attachment 1 Endicott Dr ROW Project ~ ~ ~ \r.J ~ ~ "'C -t~"k o ~/~ ~ "~'?
~ , ~.",.. .-- , r,.., , '-OJ\ •
60 ~ 28 27 26
22 I 23 I 24 I 25 N o ~..... l:J . 55 • [±] EJ
• K-BEACH RD
~ LEGEND ~ KENAI c=J Project Parcels o i :;0 Roads 7J'.J ,?".L~~~ • State Road ~1'11."""..a BoItlIoQll"", $pRa enBttilII MllIgiItb'I PlllIpll'l ISS1M') ~ r-qArldlnon, ~ 2D, 2lD5. 10"»... IiCP8 or SBlINP aI1I nlll: lftPlI..... r• "'C ...... , ---'N, or ...... ""'!hill _po DIIuIope""..... '..I.l,.o.bocniIry...".,..... _du.lD_fJId:Bl.11frtNn~..nl __.. o C;#I~"" ThII.rnap .. rol I,..._.....,..hpRlduc-.:lla ~WU",. IFUJI'C"M'Icri(.•ndisnall...... ~ STERLING HW'I'
o 250 500 1,000 Feet I I I I I I I I I Contractor's Printed Name: PURCHASING DEPARTMENT Segesser SuOlID'S PROPOSAL TO CONTRACT FOR SERVICES Contractor's Federal Tax Identification Number: ~ KENAI PENINSULA BOROUGH 144 North Binkley Street 92-0164365 ~..... : THIS PROPOSAL BECOMES A CONTRACT WHEN ACCEPTED AND Soldotna, AK 99669 Job/Service Provided: ...... _.... .' . . SIGNED BY THE MAYOR OR HIS DESIGNATED OFFICIAL 907-262-4441 Fishermans Avenue #2 Surveving Proiect
ONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICE(S
_ontractor is to provide all iabor and equipment necessary to complete the Scope ofWork for the Request For Quotes, Fishermans Avenue #2 ~Surveying Project for the Bid Price of $1,750,00 (One Thousand Seven Hundred Fifty Dollars and no cents) per the terms and conditions ofthe ~ e uest For uotes Fishermans Avenue #2 Surve in Pro'ect (attached for reference). ~ Routed from . • • Account Distribution: 262.21320.04BTL.43011 Mayor's OfficleJPtt~ Clerk
Assembly ~ .. ~ • ..L- lilli'FIMflCll __~Tn--r As!tlSS,,'IlO
;>/ =-'C~ SIlWtlc:J1.. .. q.ii):Os 1liiie: I\)...... ontractor's compensation will be: One Thousand Seven Hundred Fifty Dollars and no cents
Not to exceed $1,750.00
Iinsurance, if required: Auto $ 0.00 CGL$ 0.00 E & 0 $ 1,000,000.00
ime schedule for performance will be Sixteen (16) business days after execution of contract.
Y SIGNING BELOW, THE CONTRACTOR HEREBY AFFIRMS THAT HE OR SHE HAS READ AND ACCEPTS ALL TERMS NO CONDITIONS OF THIS CONTRAC L DING HE OVISIONS CONTAINED ON THE REVERSE OF THIS FORM
ONTRACTORSIGNATURE X DATE ?j;3h.s-
DEPARTMENT DIRECTOR OR DESIGNEE DATE DATE
REV: 4/10/03 Attachment 1 Fishermans Ave #2 ROW Project a: > < o KENAI RIVER ~ ~ TJJ ~ o"'C ~
2 110 cI s:: I'-. Fishermans Ave
( 3
~ I\.) I\.)
1
LEGEND VleNITY MAP L
Project Parcels ~§I~Rl!...t.!.G.~.! o . -~-_.- --. --II Roads KENAI SPUR 3: > , \:;:,SOLDOTNA _ o~ -;* ~ fi!lf;1. ."".:_>--~ r;,:; / "\~~~ / KIo,,"''*'''-d:I&ro~{1Q'''B) RIVER R:;/ Legend Spn.ua-.. e.edI ....~~... ~ -~ ~1I.2CXI5. NrqArmr-.". 11Dl1n '--./ *Project Area ~ rnpD~!Of !'CP8l1ISBF 1111 not ~ ..an....~..,tlfclelll.,.."Cl'II ..PNp • Milepost OlK~"d.. n..llnllr~~ _ _cl-.fI-...... rt_ ~ o n.t. plilrDl...... _oUlIIIn.IilpDd'ue«lfor plW'1ll~~"...., .•r«IlI ..... lor .... ::e o 1.25 2.5 5 We!. ~ I I I I I I I t'---- J / ) 1 f I a 250 500 1,000 Feet I I I I I I I I , Contractor's Printed Name: ~ Segesser Surveys PROPOSAL TO CONTRACT FOR SERVICES PURCHASING ~EPARTMENT Contractor's Federal Tax Identification Number: IE.: KENAI PENINSULA BOROUGH 144 North Binkley Street 92-0164365 THIS PROPOSAL BECOMES A CONTRACT WHEN ACCEPTED AND Soldotna, AK 99669 Job/Service Provided:·...... __ . . SIGNED BY THE MAYOR OR HIS DESIGNATED OFFICIAL 907-262-4441 ~ Subdivision Road Surveying Project -< o ONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICE(S ~ 00. ::0 ontractor is to provide all labor and equipment necessary to complete the Scope of Work for the Request For Quotes, Subdivision Road Surveying ~ roject for the Bid Price of$1,000.00 (One Thousand Dollars and no cents) per the terms and conditions ofthe Request For Quotes, Subdivision ~ oad Surve in Pro'ect (attached for reference). Routed From Mayor'S OffIC'Yto: • Clerk VM/~~ Account Distribution: 262.21320.04BTL.43011 Assembly "'--r1"__ ~- Lugal ~ .... _.~ Finance ~ Assessing _ Planning _ Roads . ~ SBB --;r-:: Pun:hllsing ::Z:: Other Oare~ 9-$::F.s
I\) W ontractor's compensation will be: One Thousand Dollars and no cents
Not to exceed $1,000.00
Insurance, if required: Auto $ 0.00 CGlS 0.00 E & 0 $ 1,000,000.00
ime schedule for performance will be Sixteen (16) business days after execution of contract.
3:1------.------j> -< Y SIGNING BElOW, THE CONTRACTOR H o NO CONDITIONS OF THIS CONTRACT ::0 ~ a"TRACTOR SIGNATtlR. X DATE 9,£3;¢. S --; ~~~~:;: ..~. _v _ _._ .. ~ ~.. o ~~(?~"'''''f~~ :P'¢~:::I ~~ ~'A...--- ~ D~(/P1 1~;EPAfnMENT ~ --.L//.!f#2 I J ~~ =r!zo/u..?' I DIRECTOR OR DESIGNEE DATE' MARK FOWlER /0'.4£ I j
REV: 4/1 0/03 Attachment 1 Subdivision Rd ROW Project
1
1
'''~ / LEGEND o Project Parcel 1/ '-.;:lEI , -.J I • State Roads 0::' -----~J:8 - Roads •CI) VICINITY MAP ~OLOOT~A": !'"~~" . --r1 STERLING HWY /
COHOE LOOP
Ke-.I F>.,,~,uIllBamtogh(lCPBl SI"\Im BSii e...... lIDdOn Pl'llll'~ (568MP) Nrol'q AID.lMn, """II1II)0, 20CII ll6f8tn
o 1.25 2.5 5 M~e8 l(JlgDrSIllMl" •• PIDl~"'lllf 1lftlI"L~,OI'deIII_onl"_p. I ! , , , ! ! I ! c.c.,..a.l~ItItu.. CII~.IQftIMfl• ...u.1O 1l...d"'l",",d.~1~_. Th .. ...,. .. nal •••,....IIblIDn... IIftlOIUa-t'lIlIr iII",llfomailotllll PIIrpoMloNy.I"d IIIlDl Dr ....
o 500 1,000 2,000 Feet I I I MAYOR'S REPORT MAYOR'S REPORT 24 KENAI PENINSULA BOROUGH Solid Waste Department 47140 East Poppy lane ...... ~ Soldotna, Alaska 99669
(907) 262- 9667 (9071 262-6090 Fax MEMORANDUM
TO: Dale Bagley, Borough Mayor THRU: Mark Fowler, Purchasing and Contracting Office~
FROM: Catherine Mayer, Solid Waste Director c.. ~
DATE: September 12, 2005
SUBJECT: Inert Waste Management - Port Graham Landfill
The Purchasing and Contracting Office solicited and received bids for Inert Waste Management at the Port Graham Landfill. Three bids were received and Hopkins Brothers Construction Co. submitted the lowest cost qualified and responsible bid.
The project includesfumishing labor, equipment and materials necessary for management of up to 400 cubic yards of uncompactedlloose inert waste and up to seven junk vehicles stockpiled at the Port Graham Landfill. The work includes waste compaction, loading, transport and offloading of inert waste at the Homer Baling Facility at Mile 169.3 of the Sterling Highway.
Bidder Basic Bid Routlld From Mayor's OfficeJ.:. . ... , Hopkins Brothers Construction Co. $29,967.00 CIBrll ~ Assembly .:. Paul's Service $33,600.00 Lap! 'i7't!.i FinanCB~ .. D&L Construction Co., Inc. $91,000.00 Asseuing _ Planning _ Roads Funds for the project are available in account 290-32570-43011. SeB ::;z: Pun:hasinl--..,.- ~~ Other ~ ;;,: - / Please call me if you have any questions regarding this request. Date: q~§o~ //~~
Approved: ~ Date: 94 I- f3 ----'-'--'---- Dale Bagl y FINANCE DEPARTMENT oJ- FUNDS VERIFIED 'O~ 1~7L1TJ ~uu~ SEP 1 3 ACT ;;S/9fJ.3Z70- ¥SOIl Ji l > Job/Service Provided: ...... SIGNED BY THE MAYOR OR HIS DESIGNATED QFFICIAL 907-262-4441 ~ Contract Services Or~ I ~ ONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICE(S , 00 ~ ~ Contract Services for the Port Graham Landfill Inert Waste Management Project, as set forth in Hopkins brothers Construction bid dated o 9/7/05, qnp the B()rough'~ Invitation to Bid and Project Maflual dated August 25,2005. ~ Routed From Mayor's Office)o: • • Clerk ~'ltlt.d- Assembly _ Lllgal I.7'f4j~~_ .~_ Finance ~ Asses$ing _ Planning __ Roads SBB += OtherpurChaSIng. __ . ~ CCOUNT DISTRIBUTION: 290.32570.43011 DEPARTMENT/SERVICE AREA: Solid Waste DlIte: 1: 1;9- os- ~ I\J (J') oritra~tqr's Garnpen~~~on will be: LumP sum Not-TocE~ceEld ~29,967.00 Not to exceed Iinsurance. if required: A4tq $1,QQO,Qoq CGL $1,000,000 E & 0 $ Not Applicable ime schedule for perforrnanc;e will be project completion within 30 days of Notice to Proceed. he following attachments are incorporated herein by reference: Hopkin~ Brothers Conslru~Uj)1] ~j~ dated SeA!ember 7, 2005, and Borough's Project Manual dated August 25, 2005. ~ > I ~ I CONTRACTOR ADDRESS & PHONE NUMBER: ~ Y SIGNING BELOW, THE CONTRACTOR HEREBY AFFIRMS T AT HE OR SHE HAS READ AND ACCEPTS ALL TERMS 00 ND CONDITIONS OF THIS CO~TRACT INCLUDING 7EJ'j IS NS CONTAINED ON THE REVERSE OF THIS FORM Hopkins Brothers Construction Drawer K ~ ~ .-I Seldovia, AK 99~63 ~ ONTRACTOR SIGNATURE . 1,1?. I '. DATE r-·;< () 0 J <:' o ACCEPTANCE BY KENAI PENINSULA BOROUGH: ~ RECOMMENDED BY: PURCHASE ORDER NO. ""'3 f/~1IfJO &--ciJ t-bVt-L, PO~'1"'1 ( MARK FOWLER DEPARTMENT DIRECTOR OR DESIGNEE DATE PURCHASING & CONTRACTING MAYOR OR DES DATE REV: 4/10/03 U CoIlIl ONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICE(S Auctioneer services for tax foreclosure outcry auction to be held October 1, 2005. The auction of 36± tax oreclosed parcels pursuant to Ordinance 2005-27 with minimum bids starting at taxesjassessments, penalties, interest and costs due. The auction will be held in the Assembly Chambers, KPB Administration Building, 1144 North Binkley Street, Soldotna, Alaska. Auction of 36± tax foreclosed parcels pursuant to Ordinance 2005-27 • Register bidders using attached form (Attachment C). The auctioneer will provide the Borough with a copy of the bidder registration list and copies of eac numbered sales receipt. These receipts must show the Borough's assigned parcel number, the amount bid, and the bidder's registration number. • Makes pre-auction announcements Routad From • Auction parcels MaYOr'I~,ff,IC9: Clerk •• • Keep track ofbidders and bids Assembl ,,' • Informs KPB ofhigh bidder by providing numbered sales receipt Legal- Finance ~~-~ Assessing ~'~ DEP PI""" .z:: ~ ARTMENT/SERVICE AREA: ~~~dS - --- I CCOUNT DISTRIBUTION:, _ purchasing:¥:: Other Date: 9- i~:) $7,999.00 Not to exceed Insurance, if required: Auto $ NA CGL$ N/A E & 0 $ N/A ime schedule for performance will be October 1. 2005 he following attachments are incorporated herein by reference: Request for Quote for auctioneering services dated August 24. 2005. Cost Proposal with accompanying attachments. (Tax Compliance Certificate, Alaska Business License, Real Estate Brokers License. Certificate of Worker's Compensation Coverage) CONTRACTOR ADDRESS & PHONE NUMBER: Y SIGNING BELOW. THE CONTRACTOR HEREBY AFFIRMS THAT HE OR SHE HAS READ AND ACCEPTS ALL TERMS Blakeley's Auction Company NO CONDITIONS OF THIS CONTRACT INCLUDING THE PROVISIONS CONTAINED ON THE REVERSE OF THIS FORM P.O. Box 537 ~U~ Soldotna, AK 99669 ONTRACTORSIGNATURE X DATE tI¥tr- (907) 262-6100 ACCEPTANCE BY KENAI PENINSULA BOROUGH: ;JtJ,2. '(if) 7 Y-2Z~ MARK FOWLER DATE PURCHASING & CONTRACTING REV: 4/10/03 -==---COntractor's Printed Name: BLAKELEY'S AUCTION COMPANY PROPOSAL TO CONTRACT FOR SERVICES PURCHASING DEPARTMENT Contractor's Federal Tax Identification Number: ~ KENAI PENINSULA BOROUGH 144 North Binkley Street (~ . . THIS PROPOSAL BECOMES A CONTRACT WHEN ACCEPTED AND Soldotna, AK 99669 ~_.~ ~~ Job/Service Provided: ... •• , SIGNED BY THE MAYOR OR HIS DESIGNATED OFFICIAL 907-262-4441 Run Dublic outCry auction on 9/24/05 _CONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICE(S Auctioneering firm will be responsible for running a pUblic outcry auction and providing sufficient personnel (minimum of one auctioneer, experienced clerks, cashiers, ringmen, helpers, and runners) to handle all phases of the auction. Firm will also be responsible for the collection of all monies, including sales tax, outstanding receipts and, if applicable, collection of NFS ch~cks. Receipts from the auction sale should be pre-numbered for easier accountability. Auctioneering firm will issue to the Kenai Peninsula Borough a check for all proceeds of the auction sale, less the auctioneer's commission and sales tax. Auctioneer will also provide the Borough with a copy of the bidder registration list and copies of each numbered sales receipt. Receipts must show the Borough's assigned number for each item or pallet, the amount bid, and the bidder regis~ration number. RoutBd From Mayor', Offlc~to: • C1urk Assembly _ legal ~ I. I\) Finance ~ (0 Asses.slng Contractor's compensation will be: Roads SBB 10 percent of gross sales Not to exceed 10 percent ~un:hasinll ~ Insurance, if required: Auto $,---'N'-"/C!..A'--- _ CGL$ N/A E & 0 $,--!NC!!/!:::!.A _ Workers' CompensatioRr:@blJlilfagAQ·,'I--O Time schedule for performance will be Saturday, September 24, 2005 The following attachments are incorporated herein by reference: KPB Request for Proposals dated August 8, 2005 and Blakeley's Auction Company proposal dated August 24, 2005. CONTRACTOR ADDRESS & PHONE NUMBER: BY SIGNING BELOW, THE CONTRACTOR HEREBY AFFIRMS THAT HE OR SHE HAS READ AND ACCEPTS ALL TERMS AND CONDITIONS OF THIS CONTRACT INCLUDING THE PROVISIONS CONTAINED ON THE REVERSE OF THIS FORM BLAKELEY'S AUCTION COMPANY P. O. BOX 537 SOLDOTNA, AK 99669 CONTRACTOR SIGNATURE X~~ DATE .t4l0~ Phone: 907-262-6100 ACCEPTANCE BY KENAI PENINSULA BOROUGH: N/A MARK FOWLER PURCHASING & 'CONTRACTING DATE REV: 4/10/03 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA· 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 -. " "-""...",,' DALE BAGLEY MAYOR MEMORANDUM TO: Dale Bagley, Mayor FROM: Mark Fowler, Purchasing and Contracting officeL;ll/f DATE: September 9, 2005 SUBJECT: Authorizing Award of a Contract for Auctioneering Services A Request for Proposals for Auctioneering Services was issued on August 8, 2005 and was advertised in the Peninsula Clarion on August 10, 2005. One responsive proposal was received on the due date of August 24,2005 from Blakeley's Auction Company. We are hereby requesting your authorization to award the contract to Blakeley's Auction Company who will conduct the auction for a fee often percent (10%) of gross sales, which is fair and reasonable. The auction will be held on Saturday, September 24, 2005, beginning at 10:00 A.M., in the fenced-in area behind the Borough Administration Building. "rs/ Approved l Date RoutBd From Mayor's Dfflce)n:, , Clerk :L.../Jid9~ Assembly _ Legal ~~ Finance ~~(Ut..;' Assessing _ Planning _ Roads SBB :::::z: Purchasing ~ Other _ MAYOR'S REPORT MAYOR'S ~)Ttflf~)S" 30 Contractor's Printed Name: McLane Consulting Inc. PROPOSAL TO CONTRACT FOR SERVICES PURCHASING DEPARTMENT Contractor's Federal Tax Identification Number: ~ KENAI PENINSULA BOROUGH 144 North Binkley Street 20-1345543 (,~lJ4'-. THIS PROPOSAL BECOMES A CONTRACT WHEN ACCEPTED AND Soldotna, AK 99669 ~.~. ~ Job/Service Provided: ...... _.• SIGNED BY THE MAYOR OR HIS DESIGNATED OFFICIAL 907-262-4441 > Engineering Services ~ 0 ~ ONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICES:· 00 ~ reliminary construction and engineering costs associated to upgrade the following Road Improvement Assessment District (RIAD's) to Road Service Area (RSA) standards for paved roads. This includes lest holes every M 50 feet with specific concerns regarding drainage, subsurface material, centerline construction and widths. "'C 0 hinulna Drive/Ocean Entrance Drive - Located off K-Beach. ~ ... loooj Chinulna Drive is approximately 2375 ft. long and is aKenai Peninsula Borough Category II Road. RDUtBd FrDm Ocean Entrance Drive is approximately 550 ft. long and is a Kenai Peninsula Borough Category II Road. Mayor's 0plce. , Clerk 'tI~ Assombly _,_ I J .- 'j \ legal .~ Finance Assosslng _ Plannilll _ Roads =-r}¢r1~ [)1I1e: tf·U-o'£" UJ ...... ontractor's compensation will be: Not to exceed Two Thousand Nine Hundred Sixty and 00/100 dollars Not to exceed $2,960.00 Insurance, if required: Auto $ not applicable CGL $ not applicable E & 0 $ 500,000 ime schedule for performance will be --,3~0~d~ay1.'s~ _ CI.The following attachments are incorporated herein by reference: ~ > ~ CONTRACTOR ADDRESS & PHONE NUMBER: o Y SIGNING BELOW, THE CONTRACTOR HEREBY AFFIRMS THAT HE OR SHE HAS READ AND ACCEPTS ALL TERMS ~ ND CONDITIONS OF THIS CONTRACT INCLUDING THE PROVISIONS CONTAINED ON THE REVERSE OF THIS FORM IMcLane Consulting Group 00 PO Box 468 ~ ONTRACTDRSIGNATURE X~P~Lc::.<...- DATE oldotna, AK 99669 M D)/OYOS "'C ACCEPTANCE BY KENAI PENINSULA BOROUGH: o ~O ~ ... PURCHASE ORDER NO. 'J.L\1:J\ loooj cr~ '0-1 t-fS MARK FOWLER DATE PURCHASING & CONTRACTING REV: 4/10/03 ;. ~l1 ' _. _ ntractor's Printed Name: Wm. J. Nelson & Associates. PROPOSAL TO CONTRACT FOR SERVICES PURCHASING DEPARTMENT Contractor's Federal Tax Idenlification Number: ~~ KENAI PENINSULA BOROUGH 144 North Binkley Street 92-0090659 ~ /14'-. THIS PROPOSAL BECOMES A CONTRACT WHEN ACCEPTED AND Soldotna, AK 99669 a: Job/Service Provided: ~_~.~ . SIGNED BY THE MAYOR OR HIS DESIGNATED OFFICIAL 907-262-4441 > Engineering Services ~o ~ ONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICES: 00 ~ reliminary construction and engineering costs associated to upgrade the following Road Improvement Assessment District (RIAD's) to Road Service Area (RSA) standards for paved roads. This includes tesl holes every trl' '50 feet with specific concerns regarding drainage, subsurface material, centerline construction and widths. ~ o yan Lane - Located in Sterling off Edgington Road. This road is approximately 1400 ft. long and is a Kenai Peninsula Borough Category II Road. ~ >-3 entennial Subdivision - Localed in Soldotna off West Poppy Lane. Nancy Street is approximately 1330 ft. long and is a Kenai Peninsula Borough Category II Road. Iditarod Street is approximately 2500 fl. long and is a Kenai Peninsula Borough Category III Road. Whitlock Avenue is approximately 1000 fl. long and is a Kenai Peninsula Borough Category II Road. hisperwood Subdivision - Located off West Poppy Lane. . Whisperwood Street is approximalely 2300 ft. long and is a Kenai Peninsula Borougfi category IV Road, Cockrobin Court is approximately 400 ft, long and is a Kenai Peninsula Borough Category I ROad. Birdsong Court is approximalely 425 ft. long and is a Kenai Peninsula Borough Category II Road. Birdsong Avenue is approximately 650 ft. long and is a Kenai Peninsula Borough Category II Road. Whisper Way is approximately 500 ft, long and is a Kenai Peninsula Borough Category II Road. Windsong Court is approximately 400 ft. long and is a Kenai Peninsula Borough Category IRoad, Snowflake Court is approximately 400 ft. long and is a Kenai Peninsula Borough Category I Road, Autumn Court is approximately 350 fl. long and is a Kenai Peninsula Borough Calegory I road, ilderness Park Subdivision - Located in Moose Pass. This RIAD is planned to bring the existing gravel roads up to RSA slandards, with no paving. Toklal Way is approximately 2775 ft, long and is a Kenai Peninsula Borough Category III Road. Twin Falls Court is approximately 1230 f1, long and is a Kenai Peninsula Borough Category IRoad. ~ I Upper Trails Court is approximalely 885 ft. long and is a Kenai Peninsula Borough Category I Road. onlraclor's compensation will be: Not to exceed Sixteen Thousand Five Hundred and 00/100 dollars Not to exceed $16,50lf.o_~ fpm, Insurance, if required: Aulo $ not applicable CGL $ nOl applicable E & $ 500,000 Clerk a Assembly Legal ime schedule for performance will be -....:3""'O"-d:!o,a",..v""s'- _ Flnence Planning he following attachments are incorporated herein by reference: Roads SBB Purchasin ~ Other > ~ o Y SIGNING BELOW, THE CONTRACTOR HEREBY AFFIRMS THAT HE OR SHE HAS READ AND ACCEPTS ALL TERMS ~ NO CONDITIONS OF THIS CONTRACT INCLUDING THE PROVISIONS CONTAINED ON THE REVERSE OF THIS FORM m. J. Nelson & Associates [J'J 155 Bidarka Street IKenal, AK 99611 ~ DATE~ ~ ACCEPTANCE BY KENAI PENINSULA BOROUGH: o ~CnSE ~ ~ ORDER NO. \'0;) l\'-.\() >-3 <:At ~ ~L ~ MARK FOWLER ~ DIE ILf?1!<- I t3 -rjeJ/05. I PURCHASING & CONTRACTING MAYOR OR DESIGNATED REV: 4/10/03 KENAI PENINSULA BOROUGH Solid Waste Department 47140 East Poppy Lane Soldotna, Alaska 99669 (907) 262- 9667 (907) 262-6090 Fax MEMORANDUM TO: Dale Bagley, Borough Mayor ,/" THRU: Mark Fowler, Purchasing and Contracting OffiC~ FROM: C<"" Catherine Mayer, Solid Waste Director DATE: September 13, 2005 SUBJECT: Aggregate Material- Central Peninsula Landfill Closure The Kenai Peninsula Borough, using the open market procedure (KPB 5.28.270), solicited bids for Aggregate Material for the Central Peninsula Landfill Closure Project. Three bids were received and Great Northern Construction & Management of Soldotna submitted the lowest cost qualified and responsible bid. The aggregate material shall be utilized for site closure road improvements being constructed by on-site Borough staff. Bidder Basic Bid RautBd Frum Mayor's 0ffI~ • Great Northern Construction & Management $17,424.00 Clark ~f!~ Rozak Excavating & Construction. Inc. $17,700.00 Assemblv _ Norris & Sons Contractors Lepl -- $26,800.00 Finance ~ AuBulnll _ Plannilll _ Roads- Funds are available in account 290-25110, Central Peninsula Landfill Closure. saB :;z Pun:laaial ~CJIi au. ~ nlA~bJ_ Please call me if you have any questions regarding this request. Datil: ~/~1?2 I"-IT" Approved: co-Ll J- t:3 ~ Dale Bagley FINANCE DEPARTMENT FUNDS VERIFIED '$17; '-k;,c.f.tHJ : ACT # ,;).'7~. ;).51/0 , C! A \ K?S (]!13!0.6 F1NANCE ADMINISTRJ;nOili ~c.: J:!rU.J ~TE:7 MAYOR'S REPORT MAYOR'S REPORT 33 ....,...... Contractor's Printed Name: •. Great Northern Construction & Manaaema PROPOSAL TO CONTRACT FOR SERVICES PURCHASING DEPARTMENT Contractor's Federal Tax Identification Number: ~ KENAI PENINSULA BOROUGH 144 North Binkley Street ~ . THIS PROPOSAL BECOMES A CONTRACT WHEN ACCEPTED AND Soldotna, AK 99669 ___~ . SIGNED BY THE MAYOR OR HIS DESIGNATED OFFICIAL ;> JoblService Provided: 907-262-4441 DeJivt:!r Aaa~a~te Material o-< ~ CONTRACTOR WILL PROVIDE THE KENAI PENINSULA BOROUGH THE FOLLOWING SERVICE(S) r.IJ Deliver aggregate material to the Central Peninsula Landfill according to the specifications called out in the bid document. ~ o"'tl ::.";!.,,~/ ::r:; 1-3 Cler_.,, . . .. ~~J.i!l"bIY ~... ,. ._ t.eli~L . .. _.; . Filulilce . ~ssBsslnR ~ i'lanrllng ~ Roads V' L ~ SSB .. /J ~ fA~L..v'" ~~~~~aSing.. I?", ;.~ / _ -r' Date: ...Jq~.. .lIU..· _."'_D_ w ACCOUNT DISTRIBUTION:_2.::...90:...:;.==.25=-.1:....:1..=0 _ DEPARTMENT/SERVICE AREA: SOLID WASTE DEPARTMENT ~ Contractor's compensation will be: Seventeen thousand, four hundred, twenty-four dollars and 00/100. Not to exceed $17,424.00 Insurance, if required: Auto $ 500,000 ~G~G!!:L~$L..::5.:::.0~0.!..:::0.:::.0.:::.0 _ E&O $._--- N/A ime schedule for performance will be as directed by the Landfill Manager during landfill operating hours. The following attachments are incorporated herein by refer~nce: MefTlQ of approval ~ ;> CONTRACTOR ADDRESS & PHONE NUMBER: -< BY SIGNING BELOW, THE CONTRACTOR HEREBY AFFIRMS THAT HE OR SHE HAS READ AND ACCEPTS ALL TERMS o AND CONDITIONS OF THIS CONTRACT INCLUDING THE PROVISIONS CONTAINED ON THE REVERSE OF THIS FORM Great Northem Construction & Management ~ 44332 Sterting Hwy. Soldotna, AK 99669 r.IJ 252-5326 FAX 262-8883 CONTRACTOR SIGNATURE ~~ ~ X -- tr1 ACCEPTANCE BY KENAI PENINSULA BOROUGH: "'tl o RECOMMENDED BY: P024470 ~ ~~" REV; 4/10/03 KENAI PENINSULA BOROUGH P. W.I MAJOR PROJECTS DIVISION 47140 E. POPPY LANE, SOLDOTNA, AI<. 98189 PH:(907) 262·9857 FAX: (907)282"090 Routed From Msyor'a Office j:o:. , MEMORANDUM Clert y'tUL",~~_1/ Anumbly --;}"- LIlpI ~ FillMal . ' Assessinc fi'IuaiIw TO: Dale Bagley, Mayor .#~ !aids SIIB ~::i:2:': THROUGH: Mark Fowler, purchasrng#Y 01IIlBr ~ ~M4n ITaim: 9- 201(3? nl . . FROM: Walter Robson, PW/MPD Manager 1tt.tf< DATE: September 14, 2005 SUBJECT: Award of Construction Services For the Tustumena Elementary Water Treatment Building The Purchasing and Contracting Office solicited and opened bids for this capital project on September 12, 2005. The Invitation to Bid was published in the Peninsula Clarion, Homer News, and Seward Phoenix Log on September 1, 2005. Two bids were received and Holden Company provided the low responsive bid of $86,850. The project consists of furnishing all labor, materials and equipment for site finishing and building construction of the new Tustumena Elementary Water Treatment Building. Work is anticipated to be substantially complete prior to January 2006. Substantial effort was expended to drill an alternate well and fully test and develop each small aquifer encountered, at several depths. All failed to result in arsenic free sources. Consequently, a treatment building and system will be necessary to be constructed to lower the arsenic level from the eXisting source. Award of this work, at this time, will allow the underground and concrete work to be completed before the onslaught of winter weather versus waiting for a late October initiation date. The Contractor is prepared to start immediately. The Capital Projects Division requests approval to award the bid to Holden Company in the amount of $86,850 from the Arsenic Removal I water quality account 400.78050.05759.49101. Approved: f]-iJe f- >1 ~ Dale Bagley, MaY; Cc.: Bid Tabulation RECEjVED SEP 1 4 Luu5 FINANCE DEPARTMENT KP3 FUNDS VERIFIED FINANCE ADMINISTRATION ACT:# 400.78050, t/5759.'f1/0 1 BY: C!&-:J MAVOR'S REPORT 35 KENAI PENINSULA BOROUGH PURCHASING & CONTRACTING BID TAB FOR: Tustumena Elementary Water Treatment Building Tax Bid Compo Add.. AKBus Contr. Bid CONTRACTOR Signed Cert. Ackn. License License Bond BASE BID Holden Company X X X X X X $86,850.00 "'" Blazy Construction X X X X X X $110,300.00 , DUE DATE: September 12, 2005 - No later than 2:00 PM MAVOR'S REPORT MAVOR'S REPORT 36 KENAI PENINSULA BO~OUGH 144 N. BINKLEY· SOLDOTNA, ALASKA· 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 -.'.. • ...... "w>" • DALE BAGLEY MAYOR MEMORANDUM TO: ~ Bagley, Mayor FROM: .#'fMark Fowler, Purchasing & Contracting Officer DATE: September 28, 2005 SUBJECT: Recap of 2005 Surplus Property Auction The auction held on Saturday, September 24, 2005, realized total gross receipts of $42,633. The bigger ticket items were one ambulance and five vehicles which sold for $26,850. Blakeley's Auction Company conducted the auction for a 10% fee of the gross receipts. A total of 114 buyers were registered, compared to 198 in 2004 and 226 in 2003. All of the registrants were from the various communities within the Borough. A total of $3,157.60 was spent on radio and newspaper advertising, $450.00 for the rental of a forklift for the week of the auction, and $157.55 for miscellaneous supplies. The auction effort was supported by eight Borough and School District employees. Attached is a printout of the disbursement of auction proceeds and a detail of the auction costs. MAYOR'S REPORT MAYOR'S REPORT 37 ~ > DISBURSEMENT OF 2005 AUCTION PROCEEDS o~ ~ rJJ 42,633.00 TiiiALGROSSRECEiP,.st ---~ ------.------ --- -------AUCTIONEER'S FEE 10.00% ($4,263.30) ~ ~ - ------.------...... ------ "tl NET TO BOROUGH FROM AUCTIONEER $38,369.70 ---_._-_. . --'-~-- _._- .--- o ------ADVEI3JI~_I_f!GCOSTS (radios/newspapers) $3,157.60 ~ ._--. _. _. Less Less ------._------Auction %of Advertising Advertising Auctioneer's Net Total ------_._- ------Gross Total Costs Costs Fee Due to Revenue --_. -_._--_._..~ .. _-~ ------Receipts Gross (% Total) Adjustment 10.00% Account Account # ------_.------ Equipme~!~eplacementFund _ $19,600.00 45.97% ($1,451.67) Reimbursement ($1,960.00) $16,188.33 705.39301 --~------.. ------_. ------.- -_.__._---- - -_ .. ' ------KPB School District $2,812.00 6.60% ($208.27) costs from S.D. ($281.20) $2,322.53 241.22210 -'--_.. _-- _._._--- ------w ------.---' - --- (X) Central Emergency Services $5,731.00 13.44% ($424.46) and service ($573.10) $4,733.44 211.39301 . ------_._---,------. ------_._- . ------_._ North Peninsula Rec. SA $126.00 0.30% ($9.33) areas to the ($12.60) $104.07 225.39301 ------_. Central Peninsula Hospital $633.00 1.48% ($46.88) General Fund ($63.30) $522.82 600.39301 ------._ South Peninsula Hospital $781.00 1.83% ($57.84) ($78.10) $645.06 601.39301 ------_.-----'- ------Kachemak Emergency Servo $3,250.00 7.62% ($240.71) ($325.00) $2,684.29 212.39301 ------_._._. ._..------ --- ._- ------_.------Risk Management $550.00 1.29% ($40.74) ___($55.00) $454.26 700.11237.00000.43999 ------_.-- --- _ .. --_...--- - --,,------ ------Kenai Peninsula College $3,016.00 7.07% ($223.38) ($301.60) $2,491.02 100.39301 $36,499.00 85.61% ($2,703.28) ($3,649.90) $30,145.82 ~ _._-- ---- , ------General Fund $6,134.00 14.39% $2,703.28 ($613.40) $8,223.88 100.39301 > -- ~ o - ~ rJJ ---- g; TOTAL $42,633.00 100.00% ($4,263.30) $38,369.70 o"tl ~ KENAI PENINSULA BOROUGH & SCHOOL DISTRICT 2005 SURPLUS PROPERTY OUTCRY AUCTION ADVERTISING COSTS & AUCTIONEER'S FEE NEWSPAPERS ADVERTISEMENTS PENINSULA CLARION - Legal ad on September 8, 2005 $52.50 - 3x6 Display ad in Clarion on Sept. 18, 20, & 22, 2005 $414.00 - 3x6 Display ad in Dispatch on Sept. 14 & 21,2005 $120.00 HOMER NEWS $492.48 - 1/4 Page Display ad on Sept. 8 & 15, 2005 SEWARD PHOENIX LOG $335.40 - 1/4 Page Display ad on Sept. 8 & 15, 2005 ANCHORAGE DAILY NEWS $130.72 - Legal ad on September 18 & 21, 2005 TOTAL COST FOR NEWSPAPERS ADVERTISING $1,545.10 RADIO ANNOUNCEMENTS KSRM-KSLD-KWHQ-KKIS $720.00 - 4-Station Combo Rate at $36.00 (for a total of 20 30-second spot announcements from 9/19/05 to 9/23/05; 4 announcements per day per station for five days. Stations to match KPB order. KPEN-KWAVE-KBAY (KGTL at no charge) $892.50 - 3-Station Combo Rate at $11.90 (for a total of 25 30-second spot announcements from 9/19/05 to 9/23/05; 5 announcements per day for five days on KWAVE, KPEN, and KBAY, with 25 spots on KGTL at no charge. TOTAL COST FOR RADIO ANNOUNCEMENTS $1,612.50 A. TOTAL COST FOR ADVERTISING $3,157.60 B. MISCELLANEOUS EXPENSES - Supplies: pallet bags, propane for forklifts, visquine, duct tape, etc. $157.55 - One-week forklift rental $450.00 TOTAL MISCELLANEOUS EXPENSES $607.55 C. AUCTIONEER'S FEE - 10% of gross receipts ($42,633.00) $4,263.30 TOTAL COST INCURRED FOR 2005 AUCTION $8.028.45 MAYOR'S REPORT MAYOR'S REPORT 39 MEMORANDUM KENAI PENINSlTLA BOROUGH LEGAL DEPARTMENT 144 N. Binkley Street Tel. (907) 262-8609 Soldotna, Alaska 99669 Fax (907) 262-8686 TO: Gary Superman, Assembly President Members of the Kenai Peninsula Borough Assembly THRU: Or...b Dale Bagley, Borough Mayor FROM:~olette Thompson, Borough Attorney DATE: September 29, 2005 SUBJECT: Litigation Status Report Following is a summary of the major lawsuits in which the borough and school district are involved. This list does not include the real property tax foreclosures and numerous standard tax collection cases pursued by the borough. 1. Bashaw v. South Peninsula Hospital, et al. Case No. 3KN-05-138 CI. Elizabeth Bashaw, a former employee of South Peninsula Hospital, Inc., filed suit against the borough, South Peninsula Hospital, and two surgeons alleging violation of the Alaska Whistleblower Act. The borough filed an answer, and Ms. Bashaw since :filed an amended complaint. Discovery is in process. 2. Christiansen v. McKay and KPB. Case No. 3PA-05-1108 CI. Ms. Christiansen sued the borough and a school district employee for damages allegedly sustained when the school district employee's vehicle collided with the rear of Ms. Christiansen's vehicle. Discovery is in process. 3. Dean v. KPB et al. Case No. 3KN-05-60 CI. Ms. Dean filed suit against the borough for injuries she allegedly sustained when she slipped and fell on ice in her driveway. She claims that the ice was present as the borough road service area failed to adequately ditch the road, causing the ice to build up on her driveway. Discovery is in process. 4. Faulk v. KPB Board of Equalization. Case No. 3KN-04-636 CI. In August 2004, David and Bonnie Faulk appealed the decision ofthe Board ofEqualization concerning the assessment ofHarbor Lights Condominium located in Seward Alaska. Briefing is complete, and oral argument was held August 2. The Superior Court found in favor of the borough and issued an Order Dismissing Appeal on August 10, 2005. 5. Hogg v. Raven Contractors, Inc., Case No. 3KN-03-361 CI. Donald W. Hogg sued Raven Contractors, Inc. and the Kenai Peninsula Borough for injuries he sustained from a fall at the Kenai transfer station. The case was tried in November and the jury ruled that the borough June 29, 2005 MAYORIS RIEftOBf13 40 was not negligent and no funds were owed to Mr. Hogg. Mr. Hogg moved the court for a new trial, which the court denied. An appeal to the Alaska Supreme Court was filed, and briefing is almost complete. 6. KPB & KPBSD v. People Count, Inc., Case No. 3KN-03-950 CI. In June, 1996, the school district leased a section ofthe (former) Kenai Elementary School to People Count, Inc., a nonprofit corporation. The lease agreement expired in June, 1998 and People Count, Inc. vacated the premises, agreeing to pay all owed but unpaid rents. School District records show a remaining principal balance owing of $25,500. The borough and school district filed suit December 31, 2003, to collect the unpaid rent and accrued interest. Default judgment was entered in favor ofKPB and KPBSD in the amount of$39,387 on March 16, 2005, and post-judgment discovery is in process. 7. KPB v. State Department of Natural Resources, Case No. 3KN-00-30 CI. (Quartz Creek Appeal). The State Department ofNatural Resources (DNR) issued an administrative decision that an RS 2477 trail exists in the Sunrise area. The borough challenges the existence ofthe trail and its location, which DNR has not surveyed. The trail may impact municipal entitlement lands, including lands that may have already been conveyed. The parties have negotiated a tentative settlement and are in the process of creating a legal description for the trail. A vacation process may be necessary also as part of the settlement. 8. M.P. v. KPBSD. Case No. A05-194 CV. The school district was recently sued in federal court by a parent on behalfofher child for injuries allegedly sustained on school grounds caused by another student. The case is in the early stages. 9. McDermot-Johnson v. KPB, et al. Case No. 3KN-04-864 CI. Ms. Johnson, a minor, through her parents has sued the borough and other parties for injuries sustained when she fell from the balcony of the fire safety house during the home show in April 1999. The AML/JIA is providing defense for the borough, and discovery is in process. 10. Melvin v. KPBSD, KPB. Case No. 3KN-04-930 CI. Rachel Melvin sued the borough and school district for injuries sustained when she allegedly slipped and fell on Soldotna High School grounds on her way to attend a non-school district function. The case was settled in mediation. 11. Rochelle Smith v. KPB & KPBSD. Case No. 3AN-03-1616 CI. Ms. Smith filed a complaint on behalf ofher minor son for personal injuries sustained while playing softball at Homer Middle School. The case was settled. 12. Schade v. KPB. Case No. 3HO-04-271 CI. Lloyd Schade filed suit against the Kenai Peninsula Borough for injuries sustained when he was driving on Brody Road and came upon the location where the bridge over the Ninilchik River had washed out. Mr. Schade claims that he drove off ofthe bank and into the river. Discovery is in process, and the AML/JIA is providing defense for the borough. 13. Tesoro v. KPB. Case No. 3AN-04-11092 CI. This case is an appeal from a board of equalization valuation decision of Tesoro's refinery and related lands. Briefing is completed. June 29. 2005 MAYOR'S R~MT3 41 14. Tesoro v. KPB. Case No. 3AN-05-lll0l CI. This is an appeal ofthe 2005 board of equalization decision regarding valuation of Tesoro's refinery. Briefing has not yet started. 15. Wade v. KPB. Case No. 3KN-03-489 CI. Jesse S. Wade and Catherine Wade appealed a decision ofthe assessor denying a senior exemption based upon their lack of ownership of the subject property. The court entered an order remanding this tax exemption case to the board of equalization. The borough moved for reconsideration, which the Superior Court denied. On July 25,2005, the borough filed a petition for review with the Alaska Supreme Court. Wade opposed the petition for review, and the parties are awaiting a decision ofthe supreme court as to whether it will hear the case. 16. Warrington v. KPB. Case No. 3KN-05-206 CI. Merriam Warrington, Helen Schwert, Connie Alderson, Earl Breyfogle, Steve Ebbert, and Neil Kinney appealed a board of adjustment decision which approved a conditional land use permit for gravel mining in Anchor Point issued to Cecil Jones. Oral argument was recently held on the issue of whether Warrington et al. were entitled to a stay against Jones operating the material site while the appeal is pending. A decision has yet to be rendered regarding this issue, and a briefing schedule has yet to be established by the court. June 29, 2005 MAYOR'S R~M'f3 42 Introduced by: Mayor Date: 09/06/05 Hearing: 1011l/05 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2005-19-24 AN ORDINANCE ACCEPTING AND APPROPRIATING A STATE GRANT IN THE AMOUNT OF $71,500 FOR A MOBILE HYDRANT UNIT FOR THE BEAR CREEK FIRE SERVICE AREA WHEREAS, the Bear Creek Fire Service Area ("BCFSA") Board identified the need for a mobile hydrant unit as their top 2005 capital priority; and WHEREAS, Senate Bill 46, which appropriated funding to the Borough for a mobile hydrant system for BCFSA, was passed by the State Legislature and signed by the Governor in June 2005; and WHEREAS, notice has been received from the Alaska Department of Commerce, Community and Economic Development that a legislative grant was awarded to the Borough in the amount of $71 ,500 for a mobile hydrant system for BCFSA; and WHEREAS, at its regular meeting of July 12, 2005, the BCFSA Board of Directors recommended acceptance of this grant; and WHEREAS, a mobile water unit will significantly improve BCFSA's firefighting capability and ISO rating; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the mayor is authorized to accept a grant from the Alaska Department of Community and Economic Development in the amount of $71,500 for the Bear Creek Fire Service Area, and is authorized to execute a grant agreement and any other documents deemed necessary to accept and expend the grant and to fulfill the intents and purposes ofthis ordinance. SECTION 2. That grant funds in the amount of $71,500 are appropriated to account 442.51210.06206.48514, BCFSA Capital Projects Fire Fighting / Rescue Equipment. SECTION 3. That due to the length and nature of this project, the appropriations established through this ordinance shall not lapse at the end of any particular fiscal year. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2005-19-24 Page 1 of2 43 SECTION 4. This ordinance shall become effective immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. Gary Superman, Assembly President ATTEST: Sherry Biggs, Borough Clerk Ordinance 2005-19-24 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of2 44 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA' 99669·7599 BUSINESS (907) 262-4441 FAX (907)262-1892 ". " "-~. __ ;J>L DALE BAGLEY MAYOR MEMORANDUM TO: Gary Superman, Assembly President Members of the Kenai Peninsula Borough Assembly THRU: Dale Bagley, Borough Mayor Ol"b Scott Holt, Finance Director t, etr- r;,... ~. FROM: Bonnie L. Golden, Grants Manager ]t COPY: Chief Mark Beals, Bear Creek Fire Service Area DATE: August 25,2005 SUBJECT: Ordinance No. 2005-19-~; Accepting and appropriating a $71,500 state grant for a mobile hydrant unit for Bear Creek Fire Service Area The request for funding for a mobile hydrant unit for the Bear Creek Fire Service Area ("BCFSA") was listed in the Borough's 2005 State Funding Priorities. The total cost of the project is $210,500. BCFSA has purchased a majority of the equipment needed for the hydrant system, but needs an additional $71,500 to purchase the remainder ofthe equipment to complete the unit. Once completed, the system will give the fIre department the ability to lay a water supply line 0.6 miles and provide a minimum of 1,000 gallons per minute to large fIres. Having the mobile hydrant unit will benefIt all residents within the service area, resulting in improved ISO ratings. Funding for the project was included in Senate Bill 46, the State's capital budget, which was passed by the Legislature and signed by the Governor in June 2005. The State Department of Commerce, Community and Economic Development has notifIed the Borough that $71,500 is available to BCFSA for a mobile hydrant system. The BCFSA Board approved the acceptance of this grant at its meeting of July 12,2005. Passage of the attached ordinance will accept and appropriate the grant, making funds available to BCFSA to complete the mobile water supply unit. FINANCE DEPARTMENT Attachments (ordinance; notification letter from DCCED) ACCOUNT NO. VERIFIED AeeL No. 44~. 5/210. ~11;th.l./'i5, '-I By: (],~ Date:f/ Z'){C5 45 D B P AR T MEN T . 0 P COMM:ERCE C'O MMUN.I T.Y A'ND ECONOMIC.DEVELOP~ DIVISION OF COMMUNITY ADVOCACY GRANTS SECTION July 1, 2005 Bonnie Golden, Grants Manager Kenai Peninsula Borough 144 North Binkley Street Soldotna, AK 99669 RE: FY 2006 Designated Legislative Grants Dear Bonnie: I am pleased to notify you that the Kenai PeninsulaBorou~h,as been awarded FY 2006 Designated Legislative Grants per AS 37.05.315. I have attached a liSt ofaU25 ofthe grant titles and amounts. In order for the grant funds to be released, you must enter into grant agreements with the Department of Commerce, Community & Economic Development for this project. Please provide the following information at your earliest convenience via mail, fax or email: 1. Brief project description that explains how the· grant funds will be utilized. 2. Contact information including name, title, telephone/fax numbers and email address (if any) for the person who will be administering this grant Upon receipt ofthe above, I will prepare and send the Grant Agreement for signature. !fyou have any questions, please contact me at (907) 465-4758. Congratulations on this grant award! I look forward to working with you to ensure the success ofthis proj ect Sincerely, ~~~ f· Jolene Julian Grants Administrator P.O. Box 110809, Juneau, ....wu 99811-0809 Telephone: (907) 465-4758 Fax: (907) 465-5867 Text Telephone: (907) 465-54.37 Email: jolenejuJian@cotDmen:c-state.ak.u.4SVebsite: http://www.commetce.state.ak.us/dca ,.' •.,..,.....u~~, ...... """.-' FY06 Designated Legislative Grants award to the Kenai Peninsula Borough Arctic Winter Games Hosting $650,000.00 Equipment Grants to Schools $290,000.00 Homer Middle School Roofing Upgrades $200,000.00 Kenai Central High School Asphalt Replacement $450,000.00 Nikiski High School Track $305,000.00 Ninilchik School K-12 Handicapped Access $ 65,000.00 Ninilchik School K-12 Window Replacement (old wing) $120,000.00 Ninilchik School K-12 Bus Tum Around and StaffParking $100,000.00 Ninilchik School K-12 Re-roof Sections D and E $150,000.00 North Spur Highway Extension $300,000.00 Roof Upgrades: Kenai Central High School and Homer Mid.d.1e School $298,651.00 Seward Elementary Gym Floor and Carpet Replacement $170,000.00 Soldotna Elementary School Roof Replacement, Section 400 $100,000.00 Soldotna High School Sports Field Construction $150,000.00 ... Bear Creek Fire Service Area - Mobile Hydration Unit $ 71,500.00+ Cooper Landing Senior Citizen's Corp., Inc. - Road Access and Utilities to Senior Housing Site $ 71,000.00 KachemakEmergency Service Area - Water Tender $ 75,000.00 Ninilchik Pressure Reducing System $225,000.00 North Peninsula Recreation Service Area Youth Facility $175,000.00 Cook Inlet Regional Citizens Advisory Group, Cook Inlet Development Safety Project $280,000.00 Kenai Peninsula Borough School District, Nikiski. Elementary School Crosswalk and Bike Path $210,000.00 Kenai Peninsula Borough School District, Grants to Schools $170,000.00 Kenai Peninsula Borough School District, Nikiski High School Auditorium Upgrades $ 25,000.00 Kenai Peninsula Borough School District, Ninilchik: School K-12 Carpet Replacement $ 50,000.00 Kenai Peninsula Borough School District, Sterling Elementary School Carpet Replacement $ 45,000.00 47 Introduced by: Mayor Date: 09106/05 Hearing: 10/11/05 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2005-19-26 AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT FROM THE ALASKA DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT IN THE AMOUNT OF $340,621 FOR EMERGENCY SIREN SYSTEM REPAIRS AND UPGRADES WHEREAS, the Alaska Division of Homeland Security and Emergency Management offers funding to local communities in implementing long-term hazard mitigation measures through its Hazard Mitigation Grant Project; and WHEREAS, the Borough Office of Emergency Management ("OEM") identified the need to repair and/or replace sections of the current obsolete and failing emergency siren system with a modern and reliable all-hazard outdoor alerting system and submitted a grant application to the State for funding for this purpose; and WHEREAS, the State has provided the Borough with a notice of award of $340,621 for improving the Borough's outdoor emergency alerting system; and WHEREAS, the grant requires a local match of 25 percent of the project cost, or in this case $113,540; and WHEREAS, sufficient funding is available in account 262.21320.02EMR.48210, Environmental Protection Fund - Communications Equipment, to meet the match requirement; and WHEREAS, the grant provides an additional amount of up to $7,686 as an administrative allowance for costs incurred in administering the grant; and WHEREAS, it is in the best interest of the Borough to provide a highly effective outdoor warning system which is versatile, reliable, maintainable and affordable; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the mayor is authorized to accept a grant from the Alaska Division of Homeland Security and Emergency Management in the amount of $340,621 and is authorized to execute a grant agreement and any other documents deemed necessary to accept and expend the grant and to fulfill the intents and purposes of this ordinance. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2005-19-26 Pagelof2 48 SECTION 2. That grant funds in the amount of $340,621 are appropriated to account 262.21320.06EMR.48210, Environmental Protection Fund - Communications Equipment. SECTION 3. That due to the length and nature of this project, the appropriations established through this ordinance shall not lapse at the end of any particular fiscal year. SECTION 4. This ordinance shall become effective immediately upon enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. Gary Superman, Assembly President ATTEST: Sherry Biggs, Borough Clerk Ordinance 2005-19-26 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 on 49 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 -.,. "-"". _.;oP~ • DALE BAGLEY MAYOR MEMORANDUM TO: Gary Supennan, Assembly President Members of the Kenai Peninsula Borough Assembly THRU: Dale Bagley, Borough Mayor O~6 Scott Holt, Finance Director (! ~,<;. S. ~ 'f Bonnie L. Golden, Grants Manag~'~ FROM: David Gibbs, Emergency Manag€9 DATE: August 25, 2005 SUBJECT: Ordinance No. 2005-19- ~ ~: Accepting and appropriating $340,621 from the State for emergency siren system repairs and upgrades The Borough currently owns and operates a siren system for outdoor alerting and warning of the public for tsunami waves and other emergencies such as chemical spills, wildfires, and severe weather warnings. Sirens are located in exposed coastal areas and at various inland locations throughout the Borough. Control points are located at the Borough's Office of Emergency Management, local emergency communications centers, at selected fire stations, and other key locations. The current siren system is old and obsolete and has become unreliable. Continued maintenance is ineffective and expensive. Radio control of the system is unreliable because of the Borough's mountainous terrain and current lack ofadequate fixed radio infrastructure. Several sirens require local activation and at least three sirens are mounted on poles that are nearly ready to fail due to age and decay. Therefore, the Borough requested funding from the State to replace the existing siren system with a modem and reliable all-hazard outdoor alerting system. On July 20, 2005, the Borough received notice of award of a grant for $340,621 through the State's Hazard Mitigation Grant Program. The grant requires a local match of25 percent of the project total, or in this case $113,540. Both the grant funds and matching funds will be used to repair or replace existing sirens at ten sites located in areas around Kachemak Bay and Resurrection Bay. The improved system will provide siren and public address voice coverage to Seward, Homer and Kachemak Bay areas. It will enable direct activation of the system via the 50 Memo to Assembly August 25, 2005 Re: State Grant for Siren System Upgrades Page 2 of2 Emergency Alert System either by the Alaska Tsunami Warning Center or from local communications centers at the OEM offices, Seward, Homer and Soldotna. Previous appropriations for a new siren system total approximately $760,150, of which $450,000 was from a U.S. Forest Service grant and appropriated by Ordinance 2001-19-13, and $310,150 was included in the budget document approved by Ordinance 2001-19. Project costs to date total $175,641. The Borough would be able to utilize the funds previously appropriated as the match necessary for this grant. The previously authorized siren system upgrade was put on hold because of changing technologies and new national standards. OEM is now ready to move forward with the project and is estimating that total project expenditures will be in the neighborhood of$675,000. After the project is completed it is estimated that funds in the amount of $425,000 may be available for redirection. It should be noted that the State funds would supplant local funding. The grant agreement also provides funding for administrative costs. The Borough will be allowed to request reimbursement for costs incurred in administering the grant. The maximum amount available for reimbursement of administrative costs is $7,686. The administrative funds are in addition to the grant funds. Attachments: Ordinance, Notice ofAward Letter FINANCE DEPARTMENT FUNDS VERIFIED ACCT # 26221320.02EMR.4B210 _~L..-- BY: __ DATE!/:ZO, I/ as 51 FRANK MURKOWSKI, GOVERNOR P.O. Box 5750 Ft. Richardson, AI( 99505-5750 DEPARTMENT OF MILITARY Phone: (907) 428-7000 AND VETERANS AFFAIRS Fax: (907) 428-7009 DIVISION OF HOMELAND SECURITY Toll Free: (800)478-2337 AND EMERGENCYMANAGEMENT www.ak-prepared.com July 6,2005 RECEIVED David Gibbs Emergency Manager JUl 2 0 2005 Kenai Peninsula Borough 144 N. Binkley Street KPB - OFFICE OF Soldotna, AK 99669 EMERGENCY MGMT Re: Project number HMGP-1440.0012 KPB Tsunami Warning Siren System Retrofit and Hardening Dear Mr. Gibbs, Enclosed are two copies each ofthe Hazard Mitigation Grant Agreements for your hazard mitigation grant program KPB Tsunami Warning Siren System Retrofit and Hardening project. Please sign and have Mr. Scott Holt sign all copies on page eight (8) and return one original to me. I will notify you when we receive the signed copy and will authorize work to begin upon receipt ofthe grant agreement. You can expedite this process by faxing the signed signature page to our office. We can authorize the project upon receipt of that fax. As noted above, please mail one original copy of each grant agreement to me for our files. Please call Jill Missal at 907.428.7078 if you have any questions regarding this grant and Ervin Petty at 907.428.7015 with questions concer,ning preparing your local hazard mitigation plan. Sincerely, R. Scott Simmons State Hazard Mitigation Officer rss:tdp Enclosures: 1440.0012 (two copies) N:IProJect,lMitigallonll440 03 Denali EQ\I440-0012 KPB 5i,••,\1440-0012 HMGP Si,.n Partl Gran, Ag,ee cover Ie' 7·S-S.dac 52 @ printed on recycled paper State ofAlaska Department of Military and Veterans Affairs (DMVA) Division ofHomeland Security and Emergency Management (DHS&EM) Grant Agreement for Hazard Mitigation Grant Program (Hmgp) Project Funds APPLICANT: Kenai Peninsual Borough GRANT AGREEMENT NUMBER: 1 PROJECT TITLE: KPB Tsunami Warning Siren System Retrofit and Hardening PROJECT NUMBER: 1440.0012 FEDERAL TAX lD#: 92-0030894 PART 1: PREAMBLE TIlls GRANT AGREEMENT is entered into by 3fld between the Division of Homeland Security and Emergency Management (Grantee), herein referred to as "DHS&EM" and the Kenai Peninsula Borough (Sub-Grantee) herein referred to as the "APPLICANT', an entity eligible to receive funding as described below. PART 2: PURPOSE OF THE GRANT AGREEMENT The purpose of the Grant Agreement is to provide funds for the APPLICANT for the herein proposed Hazard Mitigation Project as set forth in Attachment 1, description of the Project, and Attachment 7, Project Development and Construction Schedule, which are incorporated herein by this reference. Implementation of the project must comply with all State HMGP requirements regardless ofthe use of funds from other sources to enhance or complete the project. The parties intend that the Project shall be planned, developed, and performed so as to be eligible for Unrnet Needs fimding or other potentially applicable federal funding in addition to or in lieu ofHazard Mitigation Grant Program funding. PART 3: TERMS AND CONDffiONS In consideration of the covenants, conditions, performances and provisions hereinafter contained, the parties hereto agree as follows: 3.01 PROJECT FUNDING DHS&EM will administer the Hazard Mitigation Grant Program and will commit the required State match and pass through the federal funds as well. The total allocation ofthe Hazard Mitigation Grant Program awarded to the Division of Homeland Security and Emergency Management for the DR-1440 AK., Denali Earthquake disaster is $3,194,667, Federal Share is $2,396,000, and State Share is $798,667 under Federal Grant DR-1440, CFDA 97.039. The total allocation is determined through Congress as 15% ofthe total costs of the declared presidential disaster. A. The total cost of this project for the purposes of this Grant Agreement is $454,161 awarded to the Kenai Peninsula Borough, PROVIDED that, if the total cost ofthe project when completed., or when this Grant Agreement is terminated, is actually less than above, the actual cost shall be substituted herein. B. Subject to the terms ofthis Grant Agreement the Kenai Peninsula Borough agrees to provide $113,540 or 25 percent ofthe total project cost, whichever amount is less, as the applicant match upon Federal disbursement ofthe Federal share. C. When DHS&EM enters into an agreement with the Federal Emergency Management Agency (FEMA), to contribute federal funds to this project, that federal contribution will be $340,621, or 1 53 75% percent of the total project cost, whichever is less, and $7,686 for a Sub-Grantee Administrative Allowance for costs incurred administering the grant. (Sec. 3.02 G). D. DHS&EM shall not be obligated to pay any amount beyond that set out in Subsection B or pass through federal funds as set out in Subsection C above unless that additional amount has been approved in advance by both DHS&EM and the APPLICANT and is incorporated by written amendment into this Grant Agreement. E. Procurement shall comply with local procurement policies and procedures, and confonn to applicable State and Federal law and the standards identified in the Procurement Standards Section of 28 CFR Parts 66 & 70. Procurement transactions shall be conducted to provide maximum open and fee competition. Sole-source procurements in excess of $100, 000 must receive prior approval from DHS&EM. F. The parties understand that administrative and procurement practices must conform to applicable Federal requirements codified in Section 28 CFR Parts 66 & 70. 3.02 PROJECT PAYMENT(s) DHS&EM, using disaster funds from DR-1440, the Robert T. Stafford Disaster Relief and E ergency Assistance Act, and the State's Disaster Relief Fund, shall issue payments to the APPLIC as follows: A. Reimbursement shall be based upon authorized and allowable expenditures, c sistent with project narrative and grant guidelines. Payment will be issued upon receipt 0 timely quarterly progress and financial reports. (Attachment 3) Cash payments may be wi eld pending correction of deficiencies. Requests for reimbursement of expenditures y be requested at any time. Expenditures must be supported with documentation (e.g. copie finvoices, receipts, timesheets, check disbursement records, etc.). Copies ofall contract for services shall be submitted to the DHS&EM). Contract deliverables must meet the . tent of the grant application and grant requirements. B. Reimbursement requests "Request for Funds," DHS&EM Fo 30-03 (Attachment 6) must be for eligible and allowable expenditures associated with the gr guidelines for this project, must include supporting documentation with a statement that suring that expenses have been incurred by the jurisdiction. e. Any contract entered into during this grant period t adhere to and comply with either local government or State contracting regulations. D. The Applicant may request an Advance ofF ds by completing the "Request for Funds," DHS&EM Form 30-03 and forwarding it to e State Hazard Mitigation Officer (SHMO) for processing (See Part V, 5.0 lB. below). advance request will be processed for payment once it has been approved by the State. The a licant will be required to refund any part of an advance that is not supported by cost docume s and/or expended for the approved scope of the project within 30 days of receiving the de- ligation notice from the State. Furthermore, the applicant is required to expend the funds wi n 30 days oftheir receipt. Additionally, accruing interest is not authorized, therefore any acc d interest must be returned to the State and ultimately to FEMA. All requests for advances or nal payments must be typewritten with justification in memo format. Faxed documents "11 be followed-up with a mailed copy. DHS&EM will not accept hand written notes. Advances are limite 030% of the estimated total project cost. Additional funding may be advanced as the A licant provides documentation to substantiate previous advances and expenditures no 0 exceed 30% for each subsequent request. Total advances cannot exceed 75% of the estimat project cost. Final payments and subgrantee Administrative Allowances are not 2 54 Introduced by: Mayor, Martin Date: 09/06/05 Hearing: 10111105 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2005-39 AN ORDINANCE AUTHORIZING THE SALE OF TRACT C OF ITC ANCHOR POINT SUBDIVISION TO KACHEMAK GUN CLUB, INC. AT OTHER THAN FAIR MARKET VALUE WHEREAS, the Kenai Peninsula Borough (KPB) owns the property described in Section 1 of this ordinance; and WHEREAS, the Kachemak Gun Club, Inc. (KGC) leases the subject property, and the lease is in good standing; and WHEREAS, KGC desires to purchase the property; and WHEREAS, the KPB assessing department determined the fee simple fair market value of the property to be $34,000 on July 26,2005; and WHEREAS, the administration recommends entering into a negotiated sale of the property to KGC for shooting range purposes, subject to a deed restriction for that use; and WHEREAS, the administration proposes reducing the sale amount by 20 percent from the fee simple fair market value to account for the effects of the deed restriction; and WHEREAS, the subject land is classified "Recreational" by KPB Assembly Resolution 2003 062; and WHEREAS, the KPB Planning Commission at its regularly scheduled meeting of September 26, 2005 recommended _ NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That selling 21.926 acres described as: Tract C, ITC-Anchor Point Subdivision, HRD 2003-30, to the Kachemak Gun Club at other than fair market value, pursuant to KPB 17.1 0.100 (I) and 17.10.120 (D) is in the best interest of the borough based on the following findings of facts: A. A restriction to the property's title, as described in Section 4 below, likely affects the market value of that title. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2005-39 Page I of 3 55 B. The proposed 20 percent reduction in the sale price from the appraised fee simple fair market value is the result of negotiations between the administration and KGC and is intended to represent an approximation of fair market value ofthe encumbered property. C. The continuation of the safe, organized, shooting range facilities on the Southern Peninsula benefits the health and safety of area residents. D. The property serves the public purposes of providing firearms handling facilities for firearms safety instruction and use by law enforcement agencIes. SECTION 2. The Assembly additionally makes an exception to KPB 17.10.110 (notice of disposition). This exception is based on the following findings of facts pursuant to KPB 17.1 0.230: 1. Special circumstances or conditions exist. A. The purpose of the KPB 17.10.110 advertising requirement is to notify the public of an opportunity to purchase or lease KPB land, and advertising this negotiated sale to the KGC will not serve a useful purpose. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent ofthis chapter. A. This exception to the notice requirement is not necessary to preserve a substantial property right, and the assembly hereby authorizes exception to that finding requirement. For this negotiated sale, the notice requirement is impractical, and compliance is not in the best interests of the borough due to the delay and unnecessary expense it would cause. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. A. The planned use has been demonstrated by KGC to be compatible with the site and other surrounding uses. B. The proposed disposition is advertised by publication of the ordinance in newspapers of general circulation and on the borough's Web page. Notice of the proposed disposition is also published by the planning commission agenda in newspapers of general circulation, and a public hearing is held at the planning commission level. Additional notice is not necessary to comply with the intent ofKPB 17.10 or to protect the public welfare. Ordinance 2005-39 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of3 56 SECTION 3. Based on the foregoing, the mayor is hereby authorized, pursuant to KPB 17.10.100 en to sell and convey, through quitclaim deed, the land described in Section 1 above to the Kachemak Gun Club, Inc. for $27,200 (Twenty-seven Thousand Two Hundred Dollars) subject to the tenns and conditions of this ordinance. The authorization is for sale solely to the Kachemak Gun Club, Inc. and it may not assign any rights to negotiate or enter an agreement for lease to any other person or entity. Financing of the sale will be offered at the prime rate on the date of closing plus 2 percent. A 10 percent down payment will be required at the time of closing. The period for total payment shall be no more than 10 years with payments to be in equal installments monthly, semi-annually, or yearly. The sale shall be secured by a first deed of trust against the property. The purchaser shall be responsible for acquiring title insurance and shall pay all fees associated with this sale including recording fees, closing costs, escrow setup fees, annual escrow fees, collection fees, surveying and platting fees to the extent applicable, and other associated fees for this sale. All other applicable tenns and conditions of KPB Chapter 17.10 shall apply to this sale unless inconsistent with this ordinance. SECTION 4. The conveyance document shall contain an "Open to the Public Shooting Range Restriction." This restriction shall limit the use of the land to those uses consistent with the construction and operation of shooting range facilities and associated public purposes. Such restriction shall specify that the facilities will be open to the general public according to the same rules and regulations applicable to Kachemak Gun Club members. Use of the land for any other purpose shall be prohibited. SECTION 5. Kachemak Gun Club, Inc. shall have 120 days from the date an offer is extended by the administration pursuant to this ordinance to accept the offer. SECTION 6. The mayor is authorized to sign any documents necessary to effectuate this ordinance. SECTION 7. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. Gary Supennan, Assembly President ATTEST: Sherry Biggs, Borough Clerk Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2005-39 Page 3 of3 57 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA· 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 ,. ". •• - ...... __ ;>PO' DALE BAGLEY MAYOR MEMORANDUM TO: Gary Superman, Assembly President Kenai Peninsula Borough Assembly Members THRU: 0,-,6 Dale L. Bagley, Borough Mayor FROM: ® Max J. Best, Planning Director DATE: September 27, 2005 SUBJECT: Ordinance 2005-39; An Ordinance authorizing the sale of Tract C of ITC Anchor Point Subdivision to Kachemak Gun Club, Inc. at other than fair market value. The Planning Commission reviewed the subject ordinance during their regularly scheduled September 26, 2005 meeting. A motion to recommend enactment of the ordinance passed by unanimous consent. Draft, unapproved minutes of the subject portion of the meeting are attached. 58 F. PUBLIC HEARINGS 2. Ordinance 2005-39; An Ordinance authorizing the sale of Tract C of ITC Anchor Point SubdMsion to Kachemak Gun Club, Inc. at other than fair market value. Memorandum read by Paul Ostrander PC Meeting: 9126/05 The Kachemak Gun Club (KGC) currently leases Tract C, ITC Anchor Point Subdivision from the Borough for operating a shooting range. That lease is for $1 per year. The KGC has expressed interest in purchasing this parcel from the Borough, butthe sale has not been possible to date due to an encumbrance on the Borough's property title in favor of the Department of Transportation. Currently DOT operates a sand storage site on a portion ofthat property. There is also a communications tower in the same area. Both of those are uses for pUblic purposes therefore they have been unwilling to relinquish. The State has management authority over the entire area. Through a Memorandum of Agreement with the State, the Borough now has an agreement to deed both the Communication Tower and the sand storage site to the State in exchange for them relinquishing their interest. With clear title for the borough in sight, the administration would like to bring forward a proposal to sell Tract C to the Kachemak Gun Club. The property has been appraised bythe KPB Assessing Departmentat $34,000 forthe fee simple interest. The Administration is recommending that a deed restriction, limiting the use ofthe land to those uses consistent with the construction and operation of shooting range facilities and associated public purposes, be placed on the property as a condition of the negotiated sale. The administration believes that placing such a deed restriction on this property would reduce the value of the property's title by 20 percent and that $27,200 approximates fair marketvalue for the encumbered property. Mr. Ostrander referred the Commission to the map on Page 211 of the packet showing the area that is for sale and was outlined in red. The Sand Storage Area is the small parcel just southwest of that red parcel. The Communications Tower is on the larger parcel that is south and southeast of that parcel. END OF STAFF REPORT Vice Chairman Clark opened the meeting for pUblic comment. Seeing and hearing no one wishing to comment, Vice Chairman Clark closed the public hearing and opened discussion among the Committee. MOTION: Commissioner Massion moved, seconded by Commissioner Gross to approve Kenai Peninsula Borough Ordinance 2005-39 authoriZing the Sale of Tract C of ITC Anchor Point Subdivision to Kachemak Gun Club, Inc. at $27,200. Commissioner Hohl asked staff ifthe Borough was going to entertain a similar offerto the Iron Mountain Shooting Club in Seward. Mr. Ostrander stated there have been no discussions as of yet. Commissioner Hohl asked ifthere was a copy ofthe appraisal. Mr. Ostrander stated thatthe onlything thatthey have at this time is the memorandum. There was back up information with the memorandum thatwas received from Assessing but was not included in the packet. Commissioner Hohl stated that Administration believed that the deed restriction would reduce the value by 20%. Mr. Ostrander replied that is correct. Commissioner Johnson commented that, according to the map, it looked like the people who access the Gun Club's property were leaving giant ruts in the road. Mr. Ostrander stated that it was remnants from a timber sale. There is very little access that actually goes through there. Vice Chairman Clark asked if there has been a risk analysis done with the Borough maintaining ownership of a Gun Club. Mr. Ostrander stated a risk analysis on ownership of a gun club has not been done. Work has been done to check for what type of contaminations there could be as a result of a shooting range as far as lead contamination. VOTE: The motion passed by unanimous consent. KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 26, 2005 MEETING MINUTES PAGE so UNAPPROVED MINUTES 59 BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM ABSENT YES YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 11 YES YES ABSENT YES YES YES YES 2 ABSENT AGENDA ITEM G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) 1. A Conditional Use Permit pursuant to KPB 21.18 for the realignment of Stariski Creek, the construction of a temporary detour bridge upstream ofthe existing culverts, the replacement ofthe existing culverts with a clear span bridge, and the construction of a pedestrian access walkway to Stariski Creek. This project is located at Stariski Creek, Mile 3.8, within the Sterling Highway Right-of-Way, Section 12, T. 4 S., R. 15 W., S.M., AK. KPB PC Resolution 2005-41 Staff Report read by John Czarnezki PC MEETING: September 26, 2005 Applicant: State of Alaska, Department of Transportation and Public Facilities, DMsion of Statewide Design & Engineering Services (AK DOT) 4111 Aviation Drive, PO Box 196900, Anchorage, AK 99519-6900 Property Owner: Same Project Locations: Sterling Highway Bridge Section 12, T. 4 S., R. 15 W., Seward Meridian Stariski Creek Mile 3.8, right and left bank KPB Assessing Usage: Project location is within AK DOT right-of-way. Proposed Actions: The proposed project will provide a pedestrian walkway to the Creek, and a new 131-foot long by 43-foot wide clear span bridge over Stariski Creek atthe site ofthe existing bridge. A temporary two-lane bridge will be constructed with approach lanes upstream ofthe existing bridge. Construction is expected to begin during the spring of 2006 and is expected to take two years to complete. Background Information Site Visits: Kenai River Center staff has been involved since 2002 with multiple agencies, site visits and meetings concerning this project. Application Completeness and compliance: A conditional use permit is required because these activities will occur above the ordinary high water line of Stariski Creek within the 50-foot habitat protection area. The Kenai River Center found the application complete and scheduled a public hearing for September 26,2005 (KPB 21.18.080). Public Comment: Public notice was mailed to property owners within a radius of 300 feet (KPB 21.20.050) on September 2, 2005. A total ofeight, (8) mailings were sent. As ofthe date ofthis staff report, one phone call has been received. Published Public Notice: Public notice was published in the Peninsula Clarion and Homer News on September 22, 2005 (KPB 21.20.010). Kenai River Center Multi-Agency Review: Agency review was distributed on September 12,2005. This project requires permits from the US Army Corps of Engineers, Alaska Department of Natural Resources, and KPB Habitat Protection. Staff Analysis: Following is an analysis to determine if the conditions of KPB 21.18 are met. KPB 21.18.010 Purpose. This code establishes measures for the protection of salmon spawning and rearing habitat while recognizing private property rights. KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 26, 2005 MEETING MINUTES PAGE 51 UNAPPROVED MINUTES 60 Kenai Peninsula Borough Planning Department Land Management Division 144 North Binkley, Soldotna, AK 99669 (907) 714.2200 Fax (907) 262.8618 MEMORANDUM TO: Gary Superman, Assembly President Kenai Peninsula Borough Assembly Members THRU: oel-> Dale Bagley, Mayor -q.0· Max Best, Planning Director ,,?-O- Paul C. Ostrander, Land Management Officer FROM:.t1~Marcus A. Mueller, Land Management Agent DATE: August 25, 2005 SUBJECT: Ordinance 2005- 3\uthorizing the Sale of Tract C of ITC Anchor Point Subdivision to Kachemak Gun Club, Inc. at Other Than Fair Market Value The Kachemak Gun Club (KGC) currently leases Tract C, ITC Anchor Point Subdivision from the Borough for operating a shooting range. The KGC has expressed interest in purchasing this parcel from the Borough, but the sale has not been possible to date due to an encumbrance on the Borough's property title in favor of the Department of Transportation. The administration is working with the DOT to formally relinquish its interest in the property. With clear title for the borough in sight, the administration would like to bring forward a proposal to sell Tract C to the Kachemak Gun Club. The property has been appraised by the KPB Assessing Department at $34,000 for the fee simple interest. The Administration is recommending that a deed restriction, limiting the use of the land to those uses consistent with the construction and operation of shooting range facilities and associated public purposes, be placed on the property as a condition of the negotiated sale. The administration believes that placing such a deed restriction on this property would reduce the value of the property's title by 20 percent and that $27,200 approximates fair market value for the encumbered property. Your consideration of this ordinance is appreciated. 61 KENAI PENINSULA BOROUGH 144 N. BINKLEY. SOLDOTNA, ALASKA· 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR MEMORANDUM DATE: July 26, 2005 TO: Marcus A. Mueller, Land Management Agent THR~ane Horan, Director of Assessing FROM:~aul Knight, Lead Appraiser SUBJECT: Determination of Market Value for Parcel 169-101-64 Tract C, ITC - Anchor Point Subdivision I 21.93 Acres and 12.5 acre portion thereof In accordance with your request dated July 11, 2005, a review of sales was conducted in the vicinity of the subject parcel to determine it's fair market value. This review found thirteen sales of comparable property. All sales are located within two miles of the subject parcel. Upon investigation and analysis of the above referenced property, it is estimated that the fair market value of the subject property is as follows: 21.93 Acres $34,000 (Thirty Four Thousand Dollars) 12.5 Acres $25,600 (Twenty Five Thousand Six Hundred Dollars) R;\Shane\WOfd\Memos'tt1.MUeiler Memo" 89-1 01-64 7-20D5.ooc 62 Legend Property Description 110r---· • 12.5 kre Portion of Tract C t:]TradC o Parcels o 330 660 1,320 Feet 1-1------11------;1------+------11 31 32 t~~ ".::. 6 5 i'!t."'!r.':_ ~~'f'.~~: :":":':':"::1; : I ':'"'::; .~." ,:' .. .;~~..c:~""".;~""'.-==.~. _.•_.-'-.:•. ~->/_<.:\_:: -~ I 1 o 2 Miles The information depicted hereon is for a graphical representation only of the best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on this map. .uly 11. 2005 63 Kenai Peninsula Borough Planning Department Land Management Division 144 North Binkley, Soldotna, AK 99669 (907) 714.2200 Fax (907) 262.8618 MEMORANDUM TO: Shane Horan, Borough Assessor THRU: Max Best, Planning Director Paul C. Ostrander, Land Management Officer FROM: Marcus A. Mueller, Land Management Agent DATE: July 11, 2005 SUBJECT: Determination of fair market value of Tract C, ITC Anchor Point Subdivision, HRD 2003-30 (Assessor Parcel Number 169-101-64) containing 21.926 acres and a 12.5 acre portion thereof The Kachemak Gun Club (KGC) currently leases the -22 acre Tract C from KPB for operating a shooting range in the former gravel pit situated on the west half of the parcel. KPB expects to begin negotiating a fair market value sale of this parcel to KGC. In addition to a valuation for the entire parcel, Land Management would like to have a value for the westerly12.5 acre portion being utilized by KGC for negotiation purposes. Land Management respectfully requests a determination of fair market value for the fee estate described as Tract C, ITC- Anchor Point Subdivision, HRD 2003 30 (AP 169-101-64) containing 21.926 acres. Additionally please include a fair market value of the westerly 12.5 +/- acres of that same parcel as shown on the attached map. 64 Introduced by: Merkes Date: 09/06/05 Hearing: 10111105 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2005-40 AN ORDINANCE AMENDING KPB 5.12.100 TO EXEMPT CERTAIN SENIOR HOUSING FROM REAL PROPERTY TAXATION WHEREAS, pursuant to AS 29.45.050, a municipality may by ordinance classify and exempt from taxation the property of an organization not organized for business or profit making purposes and used exclusively for community purposes if the income derived from rental of that property does not exceed the actual cost to the owner of the use by the renter; and WHEREAS, the Kenai Peninsula Borough by ordinance codified at KPB 5.12.100 has adopted the AS 29.45.050 community purpose exemption; and WHEREAS, pursuant to KPB 5.12.100(A), property of an organization not organized for business or profit-making purposes and used exclusively for community purposes is exempt from taxation, and property or a part of the property from which rentals or income are derived is not exempt from taxation unless the income derived from the rentals does not exceed the actual cost to the owner of the use by the renter; and WHEREAS, the borough would like to encourage the construction of senior housing by private nonprofit organizations; and WHEREAS, all borough residents benefit from the daily contributions made by our senior citizens, including many varied volunteer services, family activities and values, and historical knowledge, and a lack of senior citizen housing may force senior citizens to move out of the borough; and WHEREAS, senior housing serves a community purpose by providing housing specifically designed to meet the needs of senior citizens, enabling them to remain in the community; and WHEREAS, Cooper Landing Senior Citizen Corporation, Inc., Homer Senior Citizens, Inc., Nikiski Senior Citizens, Inc., and Sterling Area Senior Center, Inc. are nonprofit organizations dedicated to providing affordable housing to senior citizens; Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2005-40 Page I of2 65 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 5.12.100 is amended as follows: 5.12.100. Real property tax--Exemptions--Community purposes property- Conditions. A. Property of an organization not organized for business or profit-making purposes and used exclusively for community purposes is exempt from taxation under this chapter. Property or a part of the property from which rentals or income are derived is not exempt from taxation unless the income derived from the rentals does not exceed the actual cost to the owner of the use by the renter. B. The assessor may from time to time require such information as is reasonably necessary to determine the character of the organization and the nature of uses made. The exemption provided in this section is not applicable unless the required information is provided to the assessor. C. In addition to the community purPose exemptions granted by the assessor, the property of the following organizations used to provide senior citizen housing shall be exempt from real property taxation under this section provided that income derived from the rentals does not exceed the actual cost to the owner of the use by the renter: a. Cooper Landing Senior Citizen Corporation, Inc. b. Homer Senior Citizens, Inc. c. Nikiski Senior Citizens, Inc. d. Sterling Area Senior Center, Inc. SECTION 2. That this ordinance takes effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. Gary Superman, Assembly President ATTEST: Sherry Biggs, Borough Clerk Ordinance 2005-40 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 20f2 66 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA· 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 -. " .. - .... • _;>p' • DALE BAGLEY MEMORANDUM MAYOR TO: Gary Supennan, Assembly President Members of the Kenai Peninsula Borough Assembly CC: Dale Bagley, Borough Mayor Shane Horan, Finance Director FROM: Grace Merkes, Assembly Member 6) DATE: August 25,2005 SUBJECT: Ordinance No. 2005.jO_, amending KPB 5.12.100 to exempt certain senior housing from real property taxation The community purpose exemption is an AS 29.45.050 optional exemption which the borough has adopted and codified at KPB 5.12.100. Under the Borough Assessor's current interpretation of the community purpose exemption, organizations providing senior housing are typically not exempt from real property taxation unless (1) the "organization" is a municipality, (2) the housing is used to provide nursing home care or "assisted living," or (3) the housing is designated as "low-income" housing. Under the current interpretation, nonprofit groups organized for the purpose of developing affordable safe senior housing are not exempt from real property tax. Because it is in the interest of all borough residents to provide safe and affordable housing for senior citizens, the proposed ordinance seeks to specifically recognize the following nonprofit organizations providing senior housing as exempt under the community purpose exemption: Cooper Landing Senior Citizen Corporation, Inc., Homer Senior Citizens, Inc., Nikiski Senior Citizens, Inc., and Sterling Area Senior Center, Inc. 67 Introduced by: Mayor Date: 10/11/05 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2005-088 A RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR PROFESSIONAL DESIGN SERVICES FOR THE NIKOLAEVSK FIRE SUBSTATION PROJECT WHEREAS, the Purchasing and Contracting Officer solicited and received proposals for this project; and WHEREAS, the two proposals received were evaluated by representatives from the capital projects department and the Anchor Point Fire and Emergency Services service area board; and WHEREAS, the proposal submitted by Bezek-Durst-Seiser, Inc. of Anchorage, Alaska is the high scoring proposal; and WHEREAS, the Anchor Point Fire and Emergency Services service area board on September 7, 2005 passed a motion authorizing award of programming and schematic phase services to the high scoring proposer; and WHEREAS, funds are available for this project in the capital improvement budget; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. The Mayor is authorized to award the contract to Bezek-Durst-Seiser, Inc. to provide programming and schematic phase services for the professional design of the Nikolaevsk Fire Substation for the proposed professional fee and reimbursable expenses not to exceed $17,633.00. SECTION 2. Expenditures for the project will be charged to account numbers 444.51410.02441 and 444.51410.03BTA. SECTION 3. The Mayor is authorized to execute all documents and make all agreements deemed necessary to complete this project in accordance with this Resolution and the contract documents. SECTION 4. This Resolution shall take effect immediately upon its adoption. Kenai Peninsula Borough, Alaska Resolution 2005-088 Page lof2 68 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 11 TH DAY OF OCTOBER 2005. Gary Supennan, Assembly President ATTEST: Sherry Biggs, Borough Clerk Resolution 2005-088 Kenai Peninsula Borough, Alaska Page 20[2 69 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA· 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1692 ".,. "-"". -.;oP~ . DALE BAGLEY MEMORANDUM MAYOR TO: Gary Superman, Assembly President Members, Kenai Peninsula Borough Assembly THRU: Dale Bagley, Mayor Ot-~ ~ Mark Fowler, Purchasing Manager ~ Scott Holt, Finance Director Rob Robson, Capital Projects M ag FROM: !ffl/Bill Dunn, Project Manager DATE: September 29,2005 . ",>/~ 'ty__ ~_ SUBJECT: RESOLUTION 05- ; NIKOLAEVSK FIRE SUBSTATION DESIGN The Purchasing and Contracting Officer solicited and received proposals for the above-referenced project on July 20, 2005. The request for proposals was advertised in the Peninsula Clarion, the Homer News and the Seward Phoenix Log. Two proposals were received, one from ASCG Incorporated and the other from Bezek Durst Seiser. The request for proposals solicited the full range ofprofessional design services, from programming and schematic design through design development and construction. The request for proposals stated that the initial award of contract would be for the programming and schematic phases only and that award of later design phases would be contingent upon availability of funds for construction. Evaluators from the capital projects department and the Anchor Point Fire and Emergency Services service area board scored the proposals. The proposal submitted by Bezek Durst Seiser is the high scoring proposal. The Anchor Point Fire and Emergency Services service area board on September 7, 2005 passed a motion, authorizing award ofprogramming and schematic phase services to the high sconng proposer. The attached Resolution requests Award ofContract to Bezek Durst Seiser for the programming and schematic design phase services for the proposed professional fee and reimbursable expenses not to exceed $17,633.00. Funds are available for this project in the capital improvement budget. Expenditures for the project will be charged to account numbers 444.51410.02441 and 444.5141 0.03BTA. Attachments: Resolution 05 FINANCE DEPARTMENT FUNDS VERIFIED t I " (, 3 3 co ACT # l/..j1.j. SIt/If). 0;).. <.If..(/ 70 C! 01 lo~ By: __-1_J_.a-"u~ __ DATE: 1/2*? -oJ Introduced by: Moss Date: 10/11/05 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2005-089 A RESOLUTION IN SUPPORT OF THE CONTINillNG WORK OF THE COOK INLET AQUACULTURE ASSOCIATION WHEREAS, the Cook Inlet Aquaculture Association is a nonprofit regional aquaculture association formed under AS 16.10.380 and incorporated on August 1, 1976, to operate in the Cook Inlet and Resurrection Bay watersheds; and WHEREAS, the Kenai Peninsula Borough holds a seat on the Board of Directors of the Cook Inlet Aquaculture Association; and WHEREAS, the Cook Inlet Aquaculture Association conducts evaluation, research, habitat improvement and enhancement work on the salmon resources of the waters of the Kenai Peninsula Borough; and WHEREAS, a healthy and abundant salmon resource is a significant benefit to all of the residents of the Kenai Peninsula Borough; and WHEREAS, the Cook Inlet Aquaculture Association conducts its work in cooperation with all relevant agencies and in conformance with all pertinent regulations and permit requirements; and WHEREAS, the salmon resources of Cook Inlet and Resurrection Bay have been and continue to be a very significant and direct economic engine for many industries and businesses within the Kenai Peninsula Borough; and WHEREAS, a major source of funding for these activities has always been a self-imposed 2 percent tax that all commercial salmon fishermen in Cook Inlet and Resurrection Bay have paid on their annual salmon sales for the past 25 years; and WHEREAS, the Association provides a tangential community benefit by making its meeting facilities available free of charge to all resource related groups; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Kenai Peninsula Borough, Alaska Resolution 2005-089 Page I of2 71 SECTION 1. That the Kenai Peninsula Borough publicly expresses its strong support for the continuation of the work of the Cook Inlet Aquaculture Association and urges the support and cooperation of all related agencies and entities in a position to facilitate the work of the Association and thereby contribute to the preservation of a strong salmon resource and the benefits it yields. SECTION 2. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 11TH DAY OF OCTOBER 2005. Gary Supennan, Assembly President ATTEST: Sherry Biggs, Borough Clerk Resolution 2005-089 Kenai Peninsula Borough, Alaska Page 20f2 72 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA· 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 -., ...... ~. --;PI' MEMORANDUM DALE BAGLEY MAYOR TO: Gary Superman, Assembly President Members, Kenai Peninsula Borough Assembly FROM: Chris Moss, Assembly Member DATE: September 28,2005 SUBJECT: Resolution 2005-m, Supporting the Continuing Work of the Cook Inlet Aquaculture Association Cook Inlet Aquaculture Association was created in the late 1970's to restore and enhance salmon stocks in the Cook Inlet Salmon Registration Area. From its inception, Cook Inlet Aquaculture Association has been involved in numerous projects that have benefited residents of the Kenai Peninsula Borough as well as visitors to this area. The assembly has supported many ofthese efforts through resolutions and in its annual federal priorities requests. The Kenai Peninsula Borough has in turn benefited by receiving increased Fisheries Business Tax revenues from the state and the creation of more salmon harvesting opportunities for residents and visitors. Your support ofthis resolution will help that effort to continue as it will be used to support grant applications and negotiations with other government entities. Thank you for your consideration. 73 Introduced by: Mayor Date: 10/11/05 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2005-090 A RESOLUTION SUPPORTING THE INCLUSION OF COOK INLET IN THE OUTER CONTINENTAL SHELF OIL & NATURAL GAS LEASING PROGRAM FOR 2007-2012 WHEREAS, the United States Department of the Interior, Minerals Management Service (MMS) has requested comments on the new 5-year Outer Continental Shelf (OCS) oil and gas leasing program for 2007-2012; and WHEREAS, Cook Inlet has a history of over 100 years of oil and natural gas exploration and production, and there is a significant potential for hydrocarbon discoveries within the OCS area of Cook Inlet; and WHEREAS, Southcentral Alaska faces significant future shortages of natural gas that require continued exploration efforts to meet the needs of residential, business, and industrial users; and WHEREAS, Cook Inlet oil reserves are in steep decline, resulting in increased imports of higher cost oil from foreign sources to produce supplies of gasoline, diesel, and aviation fuels that are vital to the Alaskan economy; and WHEREAS, an average of 1,389 people were employed by the hydrocarbon industry in 2004 within the Kenai Peninsula Borough, and that workforce generated $111 million, or 18% of all reported payrolls within the Borough; and WHEREAS, the Kenai Peninsula Borough will receive approximately $11.8 million in property tax revenues from the hydrocarbon industry in FY2006, or nearly 25% of total property taxes collected by the Kenai Peninsula Borough in FY2006; and WHEREAS, the Kenai Peninsula Borough has previously supported oil and natural gas leasing programs within the Cook Inlet OCS waters under the principles of the Tri Boroughs position paper as stated in Assembly resolutions 2001-013, 2001-127, and 2003-016; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough supports the continued inclusion of Cook Inlet in the new 5-year Outer Continental Shelf Oil and Gas Leasing Program for 2007 2012. Kenai Peninsula Borough, Alaska Resolution 2005-090 Page I of2 74 SECTION 2. That a copy of this resolution be sent to Ms. Renee Orr, 5-year Program Manager, U.S. Minerals Management Service. SECTION 3. That a copy of this resolution be sent to Senator Ted Stevens, Senator Lisa Murkowski, Congressman Don Young, Governor Frank Murkowski and Alaska Department ofNatural Resources Commissioner Tom Irwin. SECTION 4. This resolution shall become effective immediately upon adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 11TH DAY OF OCTOBER 2005. Gary Superman, Assembly President ATTEST: Sherry Biggs, Borough Clerk Resolution 2005-090 Kenai Peninsula Borough, Alaska Page 20f2 75 KENAI PENINSULA BOROUGH Oil & Gas and Mining Office 43335 Kalifornsky Beach Road, Suite 16 Soldotna, Alask'a 99669-8250 BUSINESS: (907) 714-2335 FAX: (907) 262-6762 CELL: (907) 398-8245 [email protected] www.cookinletoilandgas.org DALE BAGLEY MAYOR TO: Gary Superman, Assembly President Members of the Kenai Peninsula Borough Assembly THRU: Dale Bagley, Borough Mayor pel!> FROM: Bill Popp, Oil & Gas and Mining Liaison ~ DATE: September 29,2005 SUBJECT: Resolution 2005- oq 0: Supporting the inclusion of the Cook Inlet in the next 5 year Outer Continental Shelf Oil & Natural Gas Leasing Program for 2007-2012 Through various past resolutions, the Kenai Peninsula Borough has supported oil & natural gas leasing programs within the Outer Continental Shelf (OCS) waters of Lower Cook Inlet. The U.S. Minerals Management Service (MMS) has completed an extensive environmental impact statement as a basis for holding oil & natural gas lease sales within the Cook Inlet OCS. Two lease sales, Sale 191 and Sale 199, were planned for during the current 5 year program by MMS. Sale 191 was canceled due to lack of industry interest in 2004 (Crude oil averaged $37 per barrel in 2004). Sale 199 was postponed in July of this year until May, 2007 due to lack of industry interest. The Administration recommends continued Assembly support for the inclusion of the Cook Inlet in the next 5-year program. The significant resource potential of the OCS with a median recoverable resource estimate of760 million barrels ofoil and 1.4 trillion cubic feet of natural gas resources if oil averages $50 per barrel is one reason for this recommendation. Cook Inlet currently has 80 million barrels ofproven oil reserves and 2.09 trillion cubic feet ofproven natural gas reserves. It is also likely that, with the outlook for oil and natural gas prices to remain above previous historic levels in the coming years, industry interest in the Cook Inlet OCS will likely grow in face of changing economics for what is currently a remote region of the Cook Inlet Basin. Earlier this month, the MMS issued a request for comments on the next 5-year OCS leasing program, with comments due by October 11. The comment notice was issued after the last Assembly packet deadline. MMS will accept an Assembly resolution if it is faxed by October 12. 76 Introduced by: Merkes Date: 10/1l/05 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2005-091 A RESOLUTION SUPPORTING THE STERLING SENIOR CENTER GRANT APPLICATION TO ALASKA HOUSING FINANCE CORPORATION WHEREAS, the Sterling Senior Citizens Center recently opened Phase I of its senior housing a 10 unit complex; and WHEREAS, the Sterling Senior Citizens Center is making application to Alaska Housing Finance Corporation for Phase II, consisting of 10 two-bedroom independent living rental units; and WHEREAS, the borough's population changes from 1990 to 2000 show the greatest increases in older residents, those 55 to 59 had a 91 percent change from the past decade. Population changes for the 65 to 74 year age group experienced a 58 percent increase; and WHEREAS, the Sterling Senior Center has been serving the needs of the area for over 15 years and has proven the proven for senior housing; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough Assembly supports the efforts of the Sterling Senior Citizens Center to obtain grant funding for the purpose of building additional senior housing. SECTION 2. That the Kenai Peninsula Borough urges the Alaska Housing Finance Corporation to fund this grant request. SECTION 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 11TH DAY OF OCTOBER, 2005. Gary Superman, Assembly President ATTEST: Sherry Biggs, Borough Clerk Kenai Peninsula Borough, Alaska Resolution 2005-091 Page I of I 77 KENAI PENINSULA BOROUGH CLERK"S OFFICE Isherry Biggs, CMC, Borough Clerk John; Blankenship, Deputy Clerk 144 North Binkley Street Iphone (907) 714-2160 Soldotna, Alaska 99669 fax (907) 262-8615 MEMORANDUM To: Gary Superman, Assembly President Kenai Peninsula Borough Assembly Members From: Assembly Member Grace Merkes Date: September 29, 2005 Subject: Resolution 2005- O~ \ Supporting the Sterling Senior Center Grant Application to Alaska Housing Finance Corporation The Sterling Senior Citizens Center is preparing a grant application to the Alaska Housing Finance Corporation (AHFC) for additional senior housing. Funding would be used to construct 10 two-bedroom independent living rental units. AHFC requires a letter or resolution of support from the municipality/governing body. The grant application is due October 14, 2005. I respectfully request your support for this resolution. Memorandum Page 1 of 1 78 Introduced by: Mayor Date: 10111/05 Hearing: 11/15/05 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2005-19-31 AN ORDINANCE ACCEPTING AND APPROPRIATING TWO STATE GRANTS TOTALING $460,00 FOR SCHOOL EQUIPMENT AND SUPPLIES WHEREAS, the Kenai Peninsula Borough School District has identified a need to provide equipment and supplies to schools throughout the borough to enhance teaching capabilities in the schools; and WHEREAS, Senate Bill 46, which appropriated funding to the Borough for equipment grants and general grants to schools, was passed by the State Legislature and signed by the Governor in June 2005; and WHEREAS, notice was received from the Alaska Department of Commerce, Community and Economic Development that 15 legislative grants were awarded to the Borough for school projects, totaling $2,438,651; and WHEREAS, the performance period for these state legislative grants is from July 1, 2005, through July 1,2010, and no matching funds are required; and WHEREAS, the School District will use these funds for equipment for health and safety needs, for established program needs, curriculum materials and teaching aids, and emergency supplies; and WHEREAS, acceptance of these grants will benefit many of the schools and students throughout the Borough; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the mayor is authorized to accept two grants from the Alaska Department of Community and Economic Development for school-related equipment and supplies totaling $460,000, and is authorized to execute grant agreements and any other documents deemed necessary to accept and expend the grants and to fulfill the intents and purposes of this ordinance. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2005-19-31 Page 1 of2 79 SECTION 2. That grant funds are appropriated to the following accounts: $290,000 to account 271.94910.06193.48311 Miscellaneous Grant Fund Machinery and Equipment; and $170,000 to account 271.94910.06356.42210 Miscellaneous Grants Fund Operating supplies. SECTION 3. This ordinance shall become effective immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2005. Gary Superman, Assembly President ATTEST: Sherry Biggs, Borough Clerk Ordinance 2005-19-31 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of2 80 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA· 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 MEMORANDUM DALE BAGLEY MAYOR TO: Gary Supennan, Assembly President Members of the Kenai Peninsula Borough Assembly THRU: Dale Bagley, Borough Mayor OL,t> .. /~ Scott Holt, KPB Finance Director jI(l FROM: Bonnie L. Golden, Grants Manager 69 COPY: Melody Douglas, School District Finance Director DATE: September 29, 2005 SUBJECT: Ordinance No. 2005-19- ;)\ : Accepting and appropriating two state grants for school-related equipment and supplies The School District requested funding from the State Legislature to provide equipment and supplies to various schools throughout the Borough. Funding for many ofthese the projects was included in Senate Bill 46, the State's capital budget, which was passed by the Legislature and signed by the Governor in June 2005. The State Department of Commerce, Community and Economic Development has notified the Borough that $460,000 is available for school-related equipment. Legislative grants do not require any matching funds and are available for up to 5 years. A grant program for this funding has been established by the School District. Funding to schools will be limited to equipment for health and safety needs and for continuation of existing programs. Funds may be used to purchase materials and teaching aids, or for supplying emergency action kits and other supplies needed to address emergencies. Passage of the attached ordinance will accept and appropriate the grants, making funds available to the School District. Because this is a state grant specifically designated in the bill authorizing the purchase of equipment, it will not be considered in the school district cap fonnula. Attachments (ordinance; notification letter from DCCED) FINANCE DEPARTMENT ACCOUNT NOS. VERIFIED Acct.No.: J.7/.9~9ID,Qb/93,4831J .211,941'/0. Of., 3:; 10, t.j).)..l 0 By: cp:a) Date: ~/:4105 81 SEP-30-2005 FRI 09:13 AM DeBD GRANTS JNO FAX NO. 907 465 5867 P, 02 COMMERCE COMMUNITY AND ~ON'OMICDEVEWPMeNT DMSION OF COMMUNITY ADVOCACY GRANTS SECTION September 30, 2005 K!~nai Peninsula Borough Bonnie Golden 144 North Binkloy Street Soldotna, AK 99669 RE: FY 2006 Deslanated. LegisJatilfe Grant Dear Bonnie, I am pleased to notify you that the Kenai Peninsula Borough has been awarded a FY 2006 Designated legislative Grflnt per AS 37.05.315 for the purpose of Equipment Grants to Schools. The amount of State funding available for this gr.mt is $290,000. In order for the grant funds to be released, you must enter into a grant agreement with the Department of Conunerce. Conununity & r:Conomic Development for this project. Please provide the following information at your oadicst ,convenience via mail, fax or email: 1. Brief project description that explains how the grant funds will be utilized. 2. Contact information iIllcluding name, title, telephone/fax numbers and email address (if any) for the person who will be administering this grant. Upon receipt of the above, I will prepare and send the Grant Agreement for signature. H you have any c!uestions, please contact me at (907) 465-4758. Congratulations on this grant award! I look forward to working with :you to ensure the success of this project. P.O. Box 110809,]uneau,Alaska 99811-0809 T~phoge: (901) 465-44758 Fax: (907) 465-5867 Tat Telephoae: (907) 465.5437 E.mail: jolenc-iulian@cammcrcCostate,ak.us Webate: http://W'ww.(;o=:nerc:c.n:atc.ak.~/ d~ 82 SEP-30-2005 FRI 09:13 AM DeBD GRANTS JNO .....- "-- .__ . _ .._....._.. - FAX NO, 907 465 5867 P, 03 COMMERCE COMMUNITY AND i;CONOMIC DEVElDI'MENT DMSION OF COMMUNITY ADVOCACY GRANTS SECTION September 30, 2005 Kenai Peninsula Borough Bonnie Golden 144 North Binkley Street Soldotna, AK 99669 RE: FY 200lJ Designated LeGiSlative Grant Dear Bonnie, I am pleased to notify you that the Kenai Peninsula Borouah has been awarded aFY 2006 Designated Legislative Grfm.t per AS 37,05.315 for the purpose of Kenal Peninsula Borough School District, Grants to &bools. Thl~ amount of State funding available for this grant is $170,000. In order for the grant funds to be released, you must enter into a grant agreement with the Department of Commerce, Community & Economic Development for this project. Please provide the following infonnation at your earliest convenience via mail. fax or email: 1. Brief project description that explains how the grant funds will be utilized. 2. Contact information including name. title. telephone/fax numbers and email address (if any) for the pef80n who will be administering this grant. Upon receipt of the above. 1will prepare and send the Grant Agreement for signature. If you have any questions. please contact me at (907) 465-4758. Congratulations on this grant awardl I look fonvard to working with you to ensure the success of this project. 'P.O. Box 110809.]uneau, Alaska 99811-0809 Telephone: (907) 465-44758 Fax: (907) 465·5867 Tat Telephone: (907) 465-54!7 Email: jol=e..i1.ilian@Commctee.'~te-ak.u. Website: http://www.commel(:e.Btan:.ak.us/cI.a 83 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA· 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1692 -. " .. ~~. _."",'" . DALE BAGLEY MAYOR MEMORANDUM TO: Gary Superman, Assembly President Kenai Peninsula Borough Assembly Members FROM: ~ Mary Toll for Max Best, Planning Director DATE: September 14, 2005 SUBJECT: Vacate a 50-foot section line easement along the southem boundary of Lot 25B Subdivision of Government Lot 25 (Plat HM 86-73); Section 20, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-179 (Postponed from July 19, 2004 meeting); Petitioners: Donald A. and Judith A. McDonald of Ninilchik, Alaska; Location: West of Sterling Hwy in Ninilchik. In accordance with AS 29.40.140, no vacation of a Borough right-of-way and/or easement may be made without the consent of the Borough Assembly. The Planning Commission approved the referenced vacation during their regularly scheduled September 12,2005 meeting. A motion to adopt the findings cited by staff and grant the vacation as petition per staff recommendations passed by unanimous consent. This petition is being sent to you for your consideration and action. The Assembly has 30 days from September 12, 2005 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 3Q-day period, the decision of the Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. 84 Commissioner Hohl asked if a SD-foot road dedication could be received with what is left without the HEA overhead electric power line being in it. Chairman Bryson stated it appeared that power lines are in an appropriate place in the future if a right of way was to go there. Ms. Toll understood that the outer 10 feet of a right of way could be used for utilities. Commissioner Hohl commented that there would be 50 feet left when the 33-foot is vacated. She asked ifthere was enough to get 20 feet piUS the 10 feet for the power line if they are going down from 33 feet to 30 feet on the sUbject property. Chairman Bryson stated that the power line on the south side is outside the property. Commissioner Hohl stated she is looking at future developmentofthat road ofhaving a SD-foot right ofway. It would be 50 feet with 10 feet for the power line. Commissioner Clark stated that with new dedications, it is common that HEA would lay lines in the outside10 feet of the SD-foot right of way. Ms. Toll commented that is correct. Commissioner Clark replied that this overhead power line would be in keeping with utilities policies with placing utilities in the outer 10 feet of the 60 foot dedication. Ms. Toll stated yes. MonON VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HEIMBUCH HOHL HUTCHINSON YES YES YES YES YES YES YES ISHAM JOHNSON MARTIN MASSION PETERSEN TAURIAINEN 13YES YES YES YES YES YES YES Chairman Bryson asked if there were other items that needed to be addressed. Commissioner Gross asked if the underlying utility right ofways for the north and western area should be eliminated. Chairman Bryson stated thatstaffis recommending against that. Ms. Toll commented that staffis recommending that everything else remains the same. AGENDA ITEM F. PUBLIC HEARINGS 2. Vacate a 50-foot section line easement along the southern boundary of Lot 25B Subdivision ofGovernment Lot 25 (Plat HM 86-73); Section 20, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-179 (Postponed from July 19, 2004 meeting); Petitioners: Donald A. and Judith A. McDonald of Ninilchik, Alaska; Location: West of Sterling Hwy in Ninilchik. Staff Report read by Mary Toll PC Meeting: 9/12105 Purpose as stated in petition: Easement goes over steep bluff and is unusable for access. Petitioners: Donald A. and Judith A McDonald of Ninilchik, Alaska Public notice appeared in the August 25 and September 1,2005 issues ofthe Peninsula Clarion. All surrounding property owners were notified by certified mailings as required bythe code. Six (S) certified mailings were sent; four (4) receipts have been returned. Thirteen (13) regular mailings were sent to agencies and interested parties. Six (S) notices were distributed to KPB Departments. Notices were mailed to the Ninilchik Community Ubrary and Ninilchik Post Office to be posted in pUblic locations. The notice and maps were posted on the Borough web site and bulletin board in the Borough Administration Building. Statements of non-objection Homer Electric Association KPB Coastal Management Program. Coastal Management staff noted thatthe access point terminates in a high bluff, and the access point is an unfeasible and imprudent point of access to coastal waters. Staff discussion The section line easement vacation petition was submitted to the Planning Commission on July 19, 2004. At thattime KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 12,2005 MEETING MINUTES PAGE 10 UNAPPROVe~ MINUTES staff was unable to provide a recommendation. The section line provides public access to Cook Inlet, and staff had insufficient information regarding whether a public access could be constructed to the beach. Also, staff had not received comments from the State Department of Natural Resources or Department of Transportation. The Commission postponed action until brought back by staff per the petitioners' request The State Department of Natural Resources reviewed and approved the proposed section line easement vacation on May 2005 contingent upon: 1) The applicant is required to submit a petition to vacate the section line easement with the Kenai Peninsula Borough and comply with the borough's conditions of approval. 2) Pursuant to AS 38.05.945, a public notice of the proposed action must be completed. The Department of Natural Resources may modify the decision based upon public comments. The advertising cost for public notice will be at the expense of the applicant. 3) A final plat must be submitted within two years from the date of approval of the Final Finding and Decision. Findings: 1. Per the petition, the section line easement has not been constructed. 2. Per the petition, the section line easement is not being used. 3. Per the petition, alternative right-of-way is not being provided. 4. Section line easements are under the regulation of the State of Alaska. 5. The State of Alaska issued a Preliminary Finding and Decision for the section line easement vacation (EV-2 949) May 2005 granting conditional approval. 6. Per EV-2-949, the Deep Creek Public Boat Launch facility, located approximately 3.5 miles north on the Sterling Highway, satisfies the requirements of providing "equal or better" alternate access. 7. Per the applicant's statement, the distance from the bluff to the beach is approximately 250 feet. 8. Per Coastal Management Program staff, the access point terminates in a high bluff, and the access point is an unfeasible and imprudent point of access to coastal waters. 9. Homer Electric Association submitted written comments of non-objection. 10. Sufficient rights-of-way exist to serve the surrounding properties. 11 . No surrounding properties will be denied access. 12. Section line easement vacations are finalized with a State easement vacation plat. 13. The State of Alaska must sign the section line easement vacation plat. STAFF RECOMMENDATION: Based on Findings 1,2, and 4-13, staff recommends granting the vacation as approved, SUbject to: 1. Submittal of the section line easement vacation preliminary and final plats to KPB Planning Commission within two years of vacation approval by Borough. 2. Compliance with State of Alaska requirements. Staff recommends a two-year approval be granted because State DNR has been taking a long time to review the section line easement vacations. If the vacation is approved, the Assembly has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANTTO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43J. END OF STAFF REPORT Chairman Bryson opened the meeting for public comment. Seeing and hearing no one wishing to commen~ Chairman Bryson closed the pUblic hearing and opened discussion among the Committee. Commissioner Heimbuch asked where the public easement down to the ocean was located. Chairman Bryson asked KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 12,2005 MEETING MINUTES PAGE 11 UNAPPF~3vED MINUTES that a motion be placed on the table before discussion. MOTION: Commissioner Tauriainen moved, seconded by Commissioner Heimbuch to adopt the findings cited by staff and grant the vacation as petitioned per staff recommendations. Commissioner Heimbuch asked where the next public easement down to the ocean was located. Ms. Toll stated it is discussed in the preliminary decision on pages 63-65 ofthe packet. Commissioner Heimbuch asked if it was the one with the boat launch. Ms. Toll replied that on page 67 of the packet, it stated that Deep Creek Public Board Launch Facility, which is the aItemate access, is approximately 3.5 miles to the north. Commissioner Heimbuch asked ifthere were other public easements down to the beach. Ms. Toll replied that is the alternate, constructed access. Ms. Heimbuch understood that it was constructed but asked if there was walking access over the bluff to the beach. Chairman Bryson stated that it is quite precipitous. Commissioner Johnson commented that there are other section lines along the way and they are all equally like this one. Commissioner Hohl asked if there was another section line easement that has not been vacated to the south. Commissioner Johnson commented he is not sure that other section line easements have been vacated. They are pretty useless getting up and down in that area. Ms. Toll stated that the government patented a large percentage of those lots and has the same kind of public access easements along the bluff that were just vacated on the previous agenda item. Commissioner Clark commented the State decision states, "that the adjacent parcel to the south also has a 33 foot section line easemenf' so it is 83 feet total. Commissioner Hohl asked if the north half was being vacated and was placing the burden on the southern property owner. Chairman Bryson stated that the adjacent property owner decided notto participate in the vacation proceeding. Commissioner Foster pointed they could vacate just the setback and keep the easementifthere was concern that the owners wanted to build or have their septic system installed. The Borough could then maintain the easement He asked ifthe commission could vacate the setback requirement. Ms. Toll replied thatthere are no setback requirements from easements. The reason the petitioners have requested this is for the safety issue of the unstable bluff. They do not want the public walking out on the bluff. Commissioner Johnson commented it would increase erosion on a place where the bluffis almostvertical ifpeople did walk out on the bluff. Chairman Bryson asked ifthere was further discussion. Hearing none, the commission proceeded to vote. MOTION VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HEIMBUCH HOHL HUTCHINSON YES YES YES YES YES YES YES ISHAM JOHNSON MARTIN MASSION PETERSEN TAURIAINEN 13YES YES YES YES YES YES YES AGENDA ITEM F. PUBLIC HEARINGS 3. Rename existing streets in conjunction with the Enhanced 9-1-1 Street Naming and Addressing Project within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: Maria Sweppy recommended that F.3.a.; F.3.b.; and F.3.c., be handled in one motion unless someone was present to testify. F.3.a. Helen Drive to Hidalgo Drive F.3.b. Lawing Road to Crown Point Road F.3.c. Moat Way (easterly) to Moat Court Chairman Bryson opened the meeting for pUblic comment on the street renaming. KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 12,2005 MEETING MINUTES PAGE 12 UNAPPROVED MINUTES 87 AGENDA ITEM F. PUBUC HEARINGS 2. Vacate a 50-foot section line easement along the southern boundary of Lot 258 SUbdivision of Government Lot 25 (plat HM 86-73); Section 20, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-179 (postponed from JUly 19, 2004 meeting); Petitioners: Donald A. and Judith A. McDonald of Ninilchik, Alaska; Location: West of Sterling Hwy in Ninilchik. STAFF REPORT PC Meeting: 9/12105 PUrpose as stated in petition: Easement goes over steep bluff and is unusable for access. Petitioners: Donald A. and Judith A McDonald of Ninilchik, Alaska Public notice appeared in the August 25 and September 1, 2005 issues of the Peninsula Clarion. All surrounding property owners were notified by certified mailings as required by the code. Six (6) certified mailings were sent; four (4) receipts have been returned. Thirteen (13) regUlar mailings were sent to agencies and interested parties. Six (6) notices were distributed to KPB Departments. Notices were mailed to the Ninilchik Community Ubrary and Ninilchik Post Office to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board in the Borough Administration Building. Statements of non-objection Homer Electric Association KPBCoastal Management Program. Coastal Management staff noted that the access point terminates in a high bluff, and the access point is an unfeasible and imprudent point of access to coastal waters. staff discussion The section line easement vacation petition was submitted to the Planning Commission on July 19,2004. Pd. thattime staffwas unable to provide a recommendation. The section line provides pUblic accessto CookInlet, and staff had insufficient information regarding whether a pUblic access could be constructed to the beach. Also, staff had not received comments from the State Deparbnent of Natural Resources or Department of Transportation. The Commission postponed action until brought back by staff per the petitioners' request. The State Department of Natural Resources reviewed and approved the proposed seelion line easement vacation on May 2005 contingent upon: 1) The applicant is required to submit a petition to vacate the section line easement with the Kenai Peninsula Borough and comply with the borough's conditions of approval. 2) Pursuant to AS 38.05.945, a pUblic notice ofthe proposed action mustbe completed. The Department of Natural Resources may modify the decision based upon pUblic comments. The advertising costfor public notice will be atthe expense of the applicant 3) A final plat must be submitted within two years from the date of approval of the Final Finding and Decision. Findings: 1. Per the petition, the seelion line easement has not been constructed. 2. Per the petition, the seelion line easement is not being used. 3. Perthe petition, alternative right-of-way is not being provided. 4. Section line easements are under the regUlation of the State of Alaska. 5. The State ofAlaska issued a Preliminary Finding and Decision for the seelion line easement vacation 54 88 (EV-2-949) May 2005 granting conditional approval. 6. Per EV-2-949, the Deep Creek Public Boat Launch facility, located approximately 3.5 miles north on the Sterling Highway. satisfies the requirements of providing -equal or better" alternate access. 7. Per the applicanfs statement, the cflStance from the bluff to the beach is approximately 250 feel . 8. Per Coastal Management Program staff, the access point terminates in a high bluff, and the access point is an unfeasible and imprudent point of access to coastal waters. 9. Homer Electric Association submitted written comments of non-objeclion. 10. Sufficient rights-of-way exist to serve the surrounding properties. 11. No surrounding properties will be denied access. 12. Section line easement vacations are finalized with a State easement vacation plat 13. The State of Alaska must sign the section line easement vacation plat STAFF RECOMMENDATION: Based on Findings 1,2, and 4-13, staff recommends granting the vaca1:ion as approved, subject to: 1. Submittal of the section line easement vacation preliminary and final plats to KPB Planning Commission within two years of vacation approval by Borough. 2. Compliance with state of Alaska requirements. Ifthe vacation is approved, the Assembly has thirty days in which they may veto Planning Commission approval ofthe vacation. DENIAL OF A VACATION PETmON IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, AUSKA PURSUANT TO PART VI OF THE ALASKA RULES OF.APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43}. END OF STAFF REPORT 55 89 ()l Ol LEGEND. I- E9 - ~)f'" braee aap monumenl. e88- S. 19Be. LJ (W- e~"bra8e aop manumenl. H69-S. 198,. -.J o - lie" rebor lol oarner. '-I< NOTES_ _1. Diapanallu halohed ITea indical..s u,.. parllan of u,., s..ollan lin.. eos_l E5 being voaaled wllhln Sealian 9, TeN RI'W. s.m.. o Il ie nol lhe inlenl of lhle pial la vooole onu olher rlghls of wou LJ or eoeemBIlla. c. No field eurveu has been oonduoled in relollon lo lhe preparaLJan of lhle asollan line eas..menl voaolion pial. 125 R14V SN / 26 ~i ~, USGS Duoc,,",1I1gle Kenol 9-4 1951 #-.. ::; Lal 2SA ;I lSl360 VICINITY MfIP I" c Irte 41 ;::0 fi, (0 ~ cYOO4/- /79 o ..... LOT 258 I C!J' SCALE ~ ..l I ~ o 50 100 200 300 ~OO FEET '50' ~ i ii, ,i 25 50 100 METERS fJ 0) , S 20 o - -{ ~ £1/1& I mETER' 3.28ll8JJJ us SURVEY FEET. 1 RCAE • BJB17 HECTIIRE ..l ' S 29 ORTE OF SURVEY NRME OF SURVEYOR 132' U Johneon 5urveulng I Nal field surveu..d P.O. 8ax 21 Clam Culah. IWlSSB8 { STRTE OF RLRSKR DEPRRTMENT OF NRTURRL RESOURCES / DIVISION OF LRND Rnahorage. Rla9~a SECTION LINE ERSEMENT VRCRTION PLRT ASS(JCIATED WITH LOT 258. SUBDIVISJON OF COV. LOT 25. Preliminary Plat SEC. ea. Tes RIW. 5/11•• tiRO PIal 86-73. Loaaled in lh.. 5EI/1 S..allon 2ll. 125 RHW. S..ward meridian. Rlosko. . SECTION LINE EASEMENT HOMER RECORDING DISTRICT Drawn bu: JKN IRPPROVRL RECOmmENDED (Jole 6'15-8' S....lavwIa Pial' DoL. VACA TION PLA T SCRlE I CHECKEIJ FILE NO. J." :. 'Aa' T'Z S~" I.'Y· ...... /' - ••-- "'" I L ".,." ~ r-~,.. . . .{.-, r::;. .re•• ",UDUI YHnVn vr OVY" V, .."'.., '-V· __,.,,, .. ~, .:' .t· II " '. • '. 4 T2 S· R14W· S·* ',~'1 4J' , -4 BY: GlenP.Wlllioml, tlCR 5090WilJlams Sf' Homef,Ak' LOCATED IN HOMER RECORO'ING DISTRJCT,IN GOV'LOT25, ../ ~ IN FRACTIONAL SE 1/4 SEC'20 T,2S·RI4WS·M·;ALASK,li· " SCALE "'-"100' Aft EA"'3'296 AC' JULY 25,1986 1'----.J PLAT APPROVAL I I ,s This plat was approved by fh. Kenai Pe"insula Bar-aug h 17 1 Pldnninll Commh.. ion in accordance with Sec' 20·0400070 1 Kenai Peninsula Borough Regulotions' _~1 . I KEN~~LA BOROUGH I BY: ~ _ . . t2T~ ... ~-~,~_ I I 21 · Autllorlnd Official"/' - Dot. ::__ LI _ LE DGEND , s- 1982111'l1li cOil b~ 268-$ fouod' 29 I 28 • -1982 lira.. cap b, .,.6 '-S foun', VICINITY ,-. 1M· ~ o -t/2"X2'r.bar I'" I • -1/'Z·X2' r.bar toulld· ... ." 'j ,. '!>~ ",~~. GDV· l.DT 24 .. i .!! :;.1' ~'.'" SB~~09"E ""ct;..rf·'/.":If. 428·28' , ':'/:.~ G)'I!'.:::: ;.,:::v-(;;'/~ ",.. ... lIo..:::'.~\t"~(""l _. OlD ... , .....,J 2 CD Ill. " {.>'/'-r_," {~J~"" ..,.''7 . ' 0#': ~ Lorl? ~ 2 5 A '~ ~, l~:· /·t;33AC· . . 0 -': . , c.::::/-(;:;-.... (.... <,0;:;.. - i II:. I CD "'. r"" '""-- .r ." ... 6 '" -; (~ -. -;:. (,,*,;j ~:1". ~ ~ ~ ~.. ft.t,~ .:. (;; l""7""' f",n '1.""".,,0 HOMER REe· DIST, 'I. ·r'··c- (>('?< L:>, C7 ;: 0 ... c.~~..~ . . ·.,"JAJ •• i' J( \.:J. - ct - '"" ",'" 2~ ." i, ·8 '.' (~~ WEST G~; "4,02' ~ DATt 9- .3 - :~"r '.. ,~:: -~ Ni 7,f lOr. T.-E I/: ~.s ~- C--'::'"@ :J ...... fld1. . ~ ... ;, r:'::" -' LOr..:!.. 25 8 g o~ --.,ll.A!..&~1I ~ r~/."'~ (~..:r: 1'6~3AC' ~ ): :" \? .:...... "u..U~Ll»"'IIRt Ir z- .. ' C'=- I.....: C:::.. C''' ... t::; ~ -. -'" /=~ , r,;;,; =-r • - Q~III" . 01 •.~ ~~~~;·502ec"n! !lIS!lll,,::.~,:, ~ trl~, ., ~ ~'. ~ 'I.'~ ~ (t (j:> '- - (-:3? -::1 .e '0 c., IS '0'00' i J: S.-c·20 . ,.::, :'., . &- ~ - .ell~fI"\ It' tt.'5J'5!_.L~__E1II6 :~,: G LO WEST, BASE (BEA'UN§ 442'39' ... -- 1170·£6'- - -, - ---~9 WILLIAM NOTE: PAIIE t A bulldift' ..'-IIal:k 0' 20'frol'll011 ROW' i. rllcru1nd,unl... a I•••., nondal'd II appnr.N 6, a u.olutlon of the appnpriot. IIlannloll cO'llllliuion' fran' 10'of bldg' nt-back il . ,I i11.0 a u'lIIt, aCl ..lII.en' and al..o the antln ...t-bock wlfllin r: of lid. lof Iines,far vaywir. aa.I1L on fha •• loh ",ayor'lla,.noi,b. 1IOltabl. for con".nHonal Oll-.it. WO"'. ".,0.01 1"Uml·Jlo PllrlOIl 'IlDy l:Ollltruct, In.tall,lftaintaln, or oparot. a pre••arlze' water .'''''tII or.ater born. wan. dl"1I0SD1 ',I"'Il,olll... appro'fol of fll. Ala.ko D.p'· of En,lranmllltal Co" ••r"atioll is obtain.1f." ' . No dl net aeee.. to Stot. malntalnad ROW·anle_ o""rb.d b, "'oska Da~·orTra1l8· A 50' .llUblie ocee!r~ eos em· D lono MH W CERilFICATE OF OWNERSHIP NOTARY's ACKNOWLEDGEMENT 'hn_lI, l:ertH, fbat lelll " ••w"., oH.tIt· .__ Sull.e Iliad and ••orn to beioA m. tbl.~ owner of th. propert, _hawn and .a.crlbee! ."'1 of . 1986. her.on, alld tha! I hneb, IIdopt thll pllln:'.':.. f.J1--r--J' -.l of Ivbeli,I,!on; and grllllf an IInd'a"', lo'lt ~~ u ••• ,11I_n· . I .f.!};" ~'W ~on. FCIR ALASKA .... I. ~ "l~' I • i~:;'~ F,,' G,!,nV.~;III"m• ., 4Soe& w:II:_c, ,.b.t9. 4J~l·I._I __la..-.ocI "."~" -~ ~ . GI.n P. Willlallli. • i~\;;;Hvi~·' ... .:.~b J'ffl_ ,'" 'B~u) ill. «..- \~(••~ "" My "",,,,Iniln E_pi,.. .,J 'D D _ l '-"_~~'I~::~;~.....~\.", ~./ , l' ...... ---_~e ",\~/l' ----_.~.I 57 91 \. J Ii 'l '. " I~' ; ,...... r -IIIIIIl!..lIIlIiii1...... ilriilrElIIlIiili Kenai Peninsula Borough Planning Department The infonnation depicted hereon Vicinity Map is for a graphical representation only of best available sources. __c::::::::J Feet The Kenai Peninsula Borough assumes no responsibility 150 300 600 for any errors on this map. o 8/1/05 111''''ll!lI'''''''lll'''''',,".'~''IlI~'I!'''j''_.;'_.''''''''''''_.'_l 58 92 m mil i , I I I I ,I ,I ICook Inlet I INinilchik I 21 to tv Location of SLEV Creekwoods Ave. 28 The Informatlon depicted hereon N is for a graph""" representation only of best available sources. !"'"--~"'~====:'~.'O~O------~,.'!O::·1 The Kenai Peninsula Borough 7/26/2005 lISsumee no responslbBlty W+E for errorw on this map. S / .PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate a .portion of a section line easement located in the Ninilchik area. Area under consideration is described as follows: A. Location and request: Vacate a 50-foot section line easement along the southern boundary of Lot 25B Subdivision of Government Lot 25 (Plat HM 86-73); Section 20, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-179 (Postponed from July 19,2004 meeting). B. Purpose as stated in petition: Easement goes over steep bluff and is unusable for access. C. Petitjoner(s): Donald A. and Judith A McDonald of Ninilchik, Alaska Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, September 12, 2005 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held at the Moose Pass Community Hall, Mile 29.5 Seward Highway, Moose Pass, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll or Sylvia Vinson-Miller, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street - Soldotna, Alaska 99669. Please provide written testimony to the Planning Department by Wednesday, September 7. 2005 [written comments may also be sent by Fax to 907-262-8618] If the Planning Commission approves the vacation, the Borough Assembly has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Mary Toll or Sylvia Vinson-Miller, Planning Department, 714 2200 (1-800-478-4441 toll free within Kenai Peninsula Borough). Mary Toll In accordance with Chapter 20 of Borough Codes, all Platting Officer property owners within a 300.foot radius must be [email protected] notified ofthe proposed vacation. According to PUBLISH 2X (Thursdays, August 25 and September 1, 2005 ) Borough records, you are an owner of property within that radius; or you are an affected party. 94 60 KENAI PENINSULA BOROUGH 144 N. BINKLEY • SOlDOTN". ALASKA • 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR MEMORANDUM Coastal Zone Management Date: August 9, 2005 To: Mary Toll, Platting Officer From: Gary Williams, CZM Coordinator ~ Subject: Donald and Judith McDonald: Vacation Request The Kenai Peninsula Borough Planning Department has received a request by the above named petitioners to vacate a 50-foot section line easement along the southern boundary of Lot 25B Subdivision of Government Lot 25, Section 20, Township 2 south, Range 14 West, Seward Meridian, Alaska. Kenai Peninsula Borough Coastal Management Enforceable Policy 4.4 calls for public access routes to coastal waters to be maintained and to the extent feasible and prudent, increased when public land is leased, disposed, or subdivided. However, the access point terminates in a high bluff and the access point is an unfeasible and imprudent point of access to coastal waters. Therefore, the Coastal Zone Management Program (CZMP) offers a comment of"No Objection" to this vacation. . 61 95 ,.., n --\ I'-,~r---; r\ I , I . . . r" \. i' I , • r' . 'i • t,' i ..... ( ~ \ FRANK H. MURKOWSKI, GOVERNOR i 1\ \ : i :' Li \ " \ i ' \ 1/\ \ I' I W J': t : \1';'" 1: I( \ . ~I \ 1...-, i ,,~ r-' I \) I: r I \! ~ \ if ~ f_r;.,.: ~ L..:i...J Ll L1 'J L1 f i' " f 550 W. 7th Ave .• Suite 1330 Anchorage. Alaska 99501-3514 DEPARTMENT OF NATURAL RESOURCES / ! t" PHONE (907) 269-8600 DIVISION OF MINING, LAND & WA TER FAX (907) 269-5043 Public Access Assertions & Defense Unit May 12, 2005 \'(Pr> 1\. ,,I . MAY I 320% Kenai Peninsula Borough Attn: Mary Toll, Platting Officer 144 N. Binkley Soldotna AK 99669 Subject: EV-2-949, Preliminary Finding and Decision Dear Ms. Toll: The Division of Mining, Land and Water has made a Preliminary Finding and Decision approving the petition to vacate the 50-foot wide section-line easement lying within and along the south boundary of Lot 258, Plat No. 86-73. The proposed action is located within Section 20, Township 2 South, Range 14 West, Seward Meridian. The width of Lot 258 is approximately 165 feet. With the south 50-foot portion encumbered by the subject section-line easement, only 115 feet of usable area exists. Vacation of this section-line easement will allow the petitioners sufficient space to build a house and install a septic system. Enclosed with this letter is a copy of the Preliminary Finding and Decision. Comments on the proposed action must be received in writing by 5 PM on June 13, 2005. If you have any questions, please feel free to call me at 907-269-8535. Andrew C. Liebig Natural Resourc S Enclosure "Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans. ., 62 96 " STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND AND WATER REALTV SERVICES SECTION PRELIMINARY FINDING AND DECISION Petitioners: Donald A. and Judith A. McDonald Section-Line Easement Vacation EV-2-949 PROPOSED ACTION: The proposed action consists of vacating the 50-foot wide section-line easement lying within and along the south boundary of Lot 258, Plat No. 86-73, as depicted on Attachment A. The proposed action is located within Section 20, Township 2 South, Range 14 We~t, Seward Meridian. The width of Lot 258 is approximately 165 feet. With the south 50-foot portion encumbered by the SUbject section line easement, only 115 feet of usable area exists. Vacation of this section-line easement will unencumber the parcel and allow the petitioners sufficient space to build a house and install aseptic system. AUTHORITY: AS 19.30.400, AS 19.30.410, AS 38.05.035(e), AS 38.05.945,11 MC 51.025, and 11 MC 51.065 The Alaska Department of Transportation and Public Facilities (DOT/PF) and the Alaska Department of Natural Resources (DNR) have concurrent authority for approving the vacation of section-line easements. ADMINISTRATIVE RECORD: Department of Natural Resources Survey Case File EV-2-949 constitutes the administrative record used for the basis of this decision. BOROUGH: This action is located within the Kenai Peninsula Borough. STATE EASEMENT INTEREST: A 50-foot wide section-line easement exists on the north side of the section line common to Sections 20 & 29, Township 2 South, Range 14 West, Seward Meridian, pursuant to 43 USC 932, and Territorial Legislation Chapter 123, SLA 1951. (See Discussion and Findings No.1 J Page 2). UNDERLYING INTEREST: The petitioners, Donald A. and Judith A. McDonald, own the estate undertying the portion of the section-line easement proposed for vacation. ALTERNATE ROUTE: Alternate public access to Cook Inlet will be provided by the Deep Creek Public Boat Launch facility, located approximately 3.5 miles north on the Sterting Highway. LAND MANAGEMENT POLICIES: Pursuant to AS 19.30.410 and 11 MC 51.065, before any vacation, modification, or relocation of a public right-of way, the applicants must demonstrate to the satisfaction of the department that equal or better access is available. PUBLIC USE PATTERNS: There is no known information that vehicles or pedestrians have previously used or are using the subject section-line easement. 63 97 Preliminary Decision: EV-2-949 PRACTICALITY OF USE: Aportion of the 50-foot wide section-line easement proposed for vacation may be reasonable for future development; however, the section-line easement lying in the west portion of the petitioner's property is located on a steep bluff and may not be practical for any type of access. Although it is located more the 3 miles away, the proposed altemate access is an improved public boat launch facility and sufficiently satisfies the requirements of providing "equal or better" alternate access. AGENCY REVIEW: . Agency review of the proposed action began on September 1, 2004 and concluded on October 2, 2004. Agencies notified included DOT/PF, Department of Fish and Game (DFG), DNR Division of Mining, land and Water Southcentral Region Office (SCRO), Alaska Mental Health Trust Land Office (TlO) and DNR Division of Parks and Outdoor Recreation (DPOR). AGENCY COMMENTS: 1. In an e-mail dated September 7, 2004 TlO stated they have no comments on the proposed action. 2. Comments from SCRO received in an e-mail datedSeptember22.2005aresummarizedas.foliows: •...even if it doesn't look like a road could ever be constructed, some form of pUblic access to the beach should remain. Reducing the width to 10 or 15 feet would be acceptable. At some point the adjacent property owner may want the same thing. This would preserve the public's ability to access the ocean by the methods (by foot or bike or horse for that matter) that may actually be used (at least to get down to the beach, there might be easier ways to get back up) and provide some more space for the private landoWner.· 3. In a memorandum dated September 30, 2004 DOT/PF submitted the following comments: ·the section line easement provides legal access to Cook Inlet. The Department objects to the vacation of this easement without an equivalent alternate access being provided. The Deep Creek boat launching area is not in the immediate vicinity and already exists as public access. It does not compensate for the loss of the public's rights associated with this requested vacation. It may be feasible to reduce the existing 50 foot easement to 33 feet, which would correspond to the existing section line easement located within adjacent Section 29, Township 2 South, Range 14 West, Seward Meridian. However, any reduction in the width of the 50 foot easement would also require equivalent alternate access be provided." DOTIPF submitted another memorandum dated February 8,2005 and withdrew their objection to the vacation of this easement. 4. In an e-mail dated October 4,2004 DFG submitted a memorandum stating the following: "while we have no overriding objection to the proposed vacation, we are always reluctant to eliminate any form of legal access to public waters even if they are not utilized. In addition, some valid questions were raised by the Kenai Peninsula Borough and should be considered prior to making afinal determination. First, will the south side of the section line easement remain available for public access. Second, are the petitioners going to acquire the lot to the north, lot 25A? If so they will have more than three acres on which to build their home, and site their well and septic system. Consequently the vacation may not be required for the purpose identified." DFG concluded their comments by stating, ·if the southern 50' of the section line easement remains intact and the petitioners do not acquire the adjoining property, we would have no objection to the vacation as proposed." 5. No other comments regarding the proposed action were received . .DISCUSSION AND FINDINGS: Determination of the existence of the section-line easement: 1. The GLO survey plat for Township 2 South, Range 14 West, Seward Meridian was approved on March 15, 1920. The subject land was conveyed by BlM to the State of Alaska on March 9, 1964 as General Grant Lands. The date of entry (application filed) according to the abstract for BlM Case File No. AKA 050361 was on October 13, 1959. Surveyed land owned by the Territory or State of Alaska on or after March 26,1951 is subject to a50-foot wide section-line easement eriacted by Chapter 123, SLA 1951. 2. Alaska Department of Fish and Game brought up various concerns regarding continued public access and whether full vacation of the section-une easement is necessary. First, the south side of the section line common to Sections 20 and 29 is SUbject to a 33-foot wide section-line easement. This easement has not been vacated, nor has a petition been submitted proposing its vacation. It is not evident whether the adjacent landowner to the south intends to petition for the vacation of this 33-foot wide section-line 2of4 64 98 Preliminary Decision: EV-2-949 easement. The landowner has the right to do .so in the Mure, and such a petition would go through the standard easement vacation approval process. Second, the petitionersonginally purchased Lots 25A and 258, containing a combined total of 3.27 acres. However, the petitioners later conveyed Lot 25A to new ownership through a Quit Claim Deed recorded in the Homer Recording District on February 15, 2005 as Document No. 2005-000556-0. Because they no longer own Lot 25A, the petitioner's home will be confined to the 1.67 acre Lot 258. 3. An additional concem was addressed by SCRO who expressed their reluctance to support vacation of the entire 50-foot wide section-line easement. SCRO proposed that 10 or 15 feet ofthe section-line easement be maintained for continued pUblic access. The a1temative of only vacating a 35 or 4o-foot wide portion of the 50-foot wide section-line easement was then considered. Howev~r, While discussing the issue on April 6, 2005 SCRO stated they would not pursue only a partial vacation if no other agencies .objected. Consequently, because DOTIPF withdrew their objection, the Division will allow vacation of the entire 50 foot wide portion of the subject section-line easement Approval of the proposed action is contingent upon the following conditions: 1. The applicant is required to submit a petition to vacate the section-line easement with the Kenai Peninsula Borough, and comply with the borough's conditions of approval. 2. Pursuant to AS 38.05.945, a public notice of the proposed action must be completed. The Department of Natural Resources may modify the decision based upon public comments. The advertising cost for public notice will be at the expense of the applicant 3. Afinal plat must be submitted within two years from the date of approval of the Final Finding and Decision. RECOMMENDATION: Based on our findings, the applicant meets DNR's requirements to vacate the subject section-line easement. The proposed easement vacation may be in the state's best interest Changes to the use of public access and the public interest as a result of the actiVity are acceptable. Therefore, the Division of Mining, Land and Water, Realty Services Section recommends approval of these actions and may proceed with adjudication and pUblic notice in accordance with ~.945;d 40.1 ~305(e). ~1'-2 L/- 27'- tJ5 Andrew C. Lieblg .Date Natural Resource ~~~';~--, Sandra Singer, Chief' Date Realty Services Section 30f4 99 65 Preliminary Decision: EV-2-949 PUBLIC COMMENT: In accordance with AS 19.30.410 the Department of Natural Resources, Division of Mining, Land and Water, Realty Services Section has made a Preliminary Finding and Decision to approve vacating the 50-foot wide section-line easement lying within and along the south boundary of Lot 258, Plat No. 86-73, within Section 20, Township 2 South, Range 14 West, Seward Meridian. The public is invited to comment on the Preliminary Finding and Decision. Copies of the Preliminary Finding and Decision are available from the Division of Mining, Land and Water, 550 West 7tn Avenue, Surre 650, Anchorage AK, 99501-3576. Any comments, objections or expressions of interest must be received in writing at the above address no later than 5 PM on June 13, 2005. To be eligible to appeal, a person must respond in writing during the comment period. If public comment in response to this notice indicates the need for significant changes to the Preliminary Finding and Decision, additional public notice will be given on or about June 20, 2005. If no significant change is required, the Preliminary Finding and Decision, including any minor changes, will be issued as a Final Finding and Decision. Please reference Case File No. EV-2-949 in your correspondence, Also include your mailing address and telephone number to ensure you receive a copy of the Final Finding and Decision. If you have any questions, please contact Andrew Uebig at 269-8535. Individuals with audio impairments who wish to respond to this decision by telephone may call the DNR Public Information Center in Anchorage between the hours of 10 AM and 5 PM, Monday through Friday, at TDD #2698411. 40f4 66 100 0> '"-.l EV·2·949 SECTION·L1NE EASEMENT VACATION LOCATED WITHIN SECT. 20. T. 2 S., R. 14 W., SEWARD MERIDIAN "'-"by. Act DEEP CREEK PUBUC BOAT LAUNCH ~C/UTY , '' "- I '.. (ALTERNATE ACCESS) J 1.01 25 A J APPROXIMATELY 3.5 MILES /.,J ,l :i3 j- _...-_._.. '--' .. - ---0-- ' .....,~ ; OJ I :...- QI LOT 25B .5 : o Q" a :"1 ~ I e ~ ;; I :-. I ~ ~ i ~ 8 : 2(1 ...... -"'r-~ E I,'IE. o QI ...... __ _ .Sec 23 _ -J :; 29 sec !IC~l ilile e';nt -, § Deed ParcEl 132' ...... ei H RD Ric .256 Pgs 319 & 320 o ~ Q Gov. [,of 5 ! Q , C SECTION·lINE EASEMENT PROPOSED FOR VACATION - PROPOSED ALTERNATE ACCESS -- d. William Hutchinson, Ridgeway e. Todd Petersen, East Peninsula AG EN DA ITEM E. UNFINISHED BUSINESS - None ~ AGENDA ITEM F. PUBLIC HEARINGS 1. Vacate a 50-foot section line easement along the southern boundary of Lot 25B Subdivision of Government Lot 25 (Plat HM 86-73); Section 20, Township 2 South, Range 14 West, Seward Meridian; Alaska; and within the Kenai Peninsula Borough; KPB File 2004-179; Petitioners: Donald A and Judith A McDonald of Fairbanks, Alaska; Location: West of Sterling Hwy in Ninilchik Staff report as read by Max Best. PC Meeting 7/19/04 Purpose as stated in petition: The easement goes over a steep bluff and is unusable for access. Petitioners: Donald A. and Judith A. McDonald of Fairbanks, Alaska. Public notice appeared in the July 1 and July 8,2004 issues of the Peninsula Clarion. All surrounding property owners were notified by certified mailings as required by the code. Five (5) certified mailings were sent; all receipts have been retumed. Fifteen (15) regular mailings and six (6) departmental mailings were sent to agencies, interested parties, and KPB Departments. Three (3) notices were posted in public locations. The notice and maps were posted on the Borough web site. Statements of Nonobjection: Homer Electric Association Statement of objection: No statements of objection were received. Staff Discussion: Per the Assessing Department information, the subject lot contains 1.63 acres and is currently vacant. The submittal states the intent of the petitioners is to purchase Lot 25A and Lot 25B. The lot adjoining the section line easement to the south has a single-family residential structure. Satellite imagery indicates the parcel southerly of the section line easement has a driveway off the Sterling Highway. The submittal stated the property owners on the adjoining parcel have an existing driveway. Staff received an email from the State Department of Transportation. DOT commented that an application needed to be submitted to the State Department of Natural Resources. Comments from DNR were not received when the staff report was prepared. The State of Alaska implemented a new procedure for vacation of section line easements, tying them with RS2477 vacations. It is still unclear how long the state's new process takes. KPB 20.28.120 requires a final plat be submitted within one year of approval. Staff recommends the Planning Commission revise this requirement for this vacation only to a two-year final plat submittal requirement. This will allow the petitioner time to work with the new state process that appears to require numerous new steps. If the new process is determined to routinely require additional time, staff may eventually request that the ordinance be revised to accommodate the State's process. The preliminary plat has been submitted for the vacation file but has not yet been scheduled for Plat Committee review. KENAI PENINSULA BOROUGH PLANNING COMMISSION JULY 19, 2004 MEETING PAGE 10 68 102 L r..- • J Findings: 1. Per the submittal, the portion of the easement proposed for vacation is not in use for access. 2. Per the submittal, no surrounding parcels will be denied access. 3. Per the petition, the section line easement goes over a steep bluff. 4. Per the submittal, the section line easement does not provide access to the public beach. 5. Per the submittal, the lot to the south adjoining the section line easement has existing driveway access. 6. Driveway access for the lot to the south of the section line easement appears on 2002 satellite imagery. 7. The 33-foot section line easement to the south of the 50-foot section line easement proposed for vacation is not proposed for vacation and will remain in place if it is needed for public access to public water (Cook Inlet) in the future. 8. Section line easements are under the regulation of the State of Alaska. 9. Section line easement vacations must be approved by the State of Alaska. 10. Section line easement vacations are finalized with a State easement vacation plat. 11. The section line easement goes to public water (Cook Inlet). 12. Equal or superior altemative access to public water (Cook Inlet) has not been proposed. 13. The petitioners stated intent to bUy Lots 25A and Lots 25B from the owner of record. 14. Per the Assessing Department information, Lots25A and 258 both contain 1.63 acres. 15. A replat of Lots 25A and 258 would result in a parcel containing slightly more than three acres, thereby providing double the potential developable area. STAFF RECOMMENDATION: Based on the above findings, staff is unable to provide a recommendation regarding the proposed vacation of a section line easement that provides access to Cook Inlet. If the Planning Commission grants the proposed vacation, staff recommends the commission attach findings supporting the approval of the motion, and the approval be subject to: 1. Submittal of State easement vacation plat and/or other State requirement within two years of approval. 2. Recording of plat of the Section Line Easement Vacation Plat, KP8 file 2004-179, subdivision. 3. Signature of the owner of record on the vacation petition. If the vacation is approved, the Assembly has thirty days in which they may veto Planning Commission approval of the vacation. r DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A I VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY I KENAI PENINSULA BOROUGH ORDINANCE 99-43]. I END OF STAFF REPORT While reading the staff report, Mr. Best advised the commission that staff received an e-mail from the petitioners who requested postponement until they could meet with State of Alaska staff. Staff requests the commission to open the pUblic hearing, hear anyone wishing to testify, and postpone the pUblic hearing until brought back by staff. Chairman Bryson opened the meeting for public comment. Seeing and hearing no one wishing to speak, Chairman Bryson closed the public comment and opened discussion among the Commission. MOTION: Commissioner Troeger moved, seconded by Commissioner Hutchinson, to postpone this item until brought back by staff. ' VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES YES YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 11 YES ABSENT YES YES YES ABSENT YES 2 ABSENT KENAI PENINSULA BOROUGH PLANNING COMMISSION JULY 19, 2004 MEETING PAGE 11 69 103 KENAI PENL,.:JULA BOROUGH PLANNING DIiPARTMENT PETITION TO VACATE PUBLIC RIGFIT-OF-WAy/SECTION LINE EASEMENT PUBLIC HEARING REQUIRED Jpc ipt ofcomplete application wifu fees and all required attBcbments; a public hearing before the Plaiming Commission lilI ·aeduled. The petition with all required infonnation and attachmcnts must be in the Planning Department at least Ods prior to the preferred hearing dBle. By State Statue and Borough Code, the public hearing must be1;cheduled Within od..",s ofreceipt of complete application. /' Fees· $300 non-refundable fee to help defray costs of advertising public hearing. Plat fees wiiJ be in addition to vacation fees. City Advisory Planning Commission. Copy ofminutes at which this item was acted on, along with a copy of City StaffReport. Name'" of public right-of-way proposed to be vacated is ....,...._; dedicated by plat of ______Subdivision, flied as Plat No. in _'-- Recording District. Are there associated utility easements to be vacated? [ ] Yes [I{No Are easements in use by any utility company; if so which? _ Easement for public road or right-of-way as set out in (specify type ofdocument) as recorded in Book Page ofthe Recording District. (Copy ofrccorded document must be submitted with petition) ..( Section Line Easement. Width ofeasement must be shown on sketch. Submit three copies ofplat or map showing area proposed to be vacated. Must not exceed lllll7 inches in size. In the case of pUblic right-of-way the submittal must include a sketch showing which parcels the vacated area will be attached to. Proposed alternative dedication is to be shown and labeled on the sketch. ~,,\'J.13147S18 . as right-of-way been fully or partially constructed? [ ] Yes [ ] No ....0 ... ~~ :ri: t-of-way used by vehicles/pedestrians/other? [ ] Yes [ 1No tOt!() 'r' 111 ~ 'JfPt 2IIl( ~ as ~cction line easement been constructed? [lYes [~ : RECEIVED !:i SCf!ion line easement being used? [ lYes [~ l"l ,{E~A! PEN/N llORO I: ~ "LANNING om t:!. aJ ive right-of-way being provided? [ lYes [~ \ \ .f' ", b. ...,u • f>r;. rtf.,Cl ,. he l>. ...coner mUlt provide reasonable jl18tification for the vacation. S 1.ea.1.? J}Co( ~8'ZI:t- cvr~ g f-j-c.~~.=e~:::'-c."::Cl=c::.-",v-e.;JI"::c;.p::::;"".$-.>-"""..!..:::'~/'/'~--"'-"':":::=-,j"L...---- f::: j $ t :::1±.J;:::. ne petition must be signed (written signature) by owners ofmajority ofthe front feet ofland fronting part ofright-of-way .s,'oo line easement proposed to be vacated. Each m~ ~clude mailing address and legal description ofhislher property. Jb...... tted by: Signature ~O ~ / Name Ge V'g ~ ~ as ~resentative [ ] petitioner Address r.3b75 ';z.'7 CIO}...., G"Id, /101< 99g;g Phone 2'Z 27?'"Z. Petitioners: Signature Name Address Owner of gn..ature Signature ar Name de ss Address wr Owner of V~IU!QREv.06i'!iIJ;Ol19l5;t'" 70 104 KENAI PENINSULA BOROUGH 144 N. BINKLEY· SOLDOTNA, ALASKA· 99669·7599 BUSINESS (907) 262-4441 FAX (907)262-1892 -. " ..-...... --",' . DALE BAGLEY MAYOR MEMORANDUM TO: Gary Superman, Assembly President Kenai Peninsula Borough Assembly Members FROM: ~ Mary Toll for Max Best, Planning Director DATE: September 14, 2005 SUBJECT: Vacate the 33-foot Roadway and Public Utility Easements, along the east and west sides of Government Lots 7 & 8, along the north side of Lot 7 and the south side of Lot 8 reserved by Patent; within Section 12, Township 6 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2005 210; Petitioners: Judith A. and R. J. Davis of Homer, Alaska; Location: West of Diamond Ridge Road in Homer In accordance with AS 29.40.140, no vacation of a Borough right-of-way and/or easement may be made without the consent of the Borough Assembly. The Planning Commission approved the referenced vacation during their regularly scheduled September 12, 2005 meeting. A motion to vacate the eastern section passed by unanimous consent. An amended motion to vacate the eastern utility easement and public roadway easements to within 33 feet of the north and south boundaries per staff recommendations passed by unanimous consent. A motion to vacate on the south side the easements underlying and adjacent to the conditional 3D-foot dedication as recommended by staff passed by unanimous consent. This petition is being sent to you for your consideration and action. The Assembly has 30 days from September 12, 2005 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 3D-day period, the decision of the Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. 105 AGENDA ITEM F. PUBLIC HEARINGS 1. Vacate the 33-foot Roadway and Public utility Easements, along the east and west sides ofGovemment Lots 7 & 8, along the north side of Lot 7 and the south side of Lot 8 reserved by Patent; within Section 12, Township 6 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB Rle 2005-210; Petitioners: Judith A. and R. J. Davis of Homer, Alaska; Location: West of Diamond Ridge Road in Homer Staff Report read by Mary Toll PC Meeting: 9/12105 Purpose as stated in petition: Easement is no longer needed. All parcels have existing access, and there is a building encroachment on Lot 7. Petitioners: Judith A. and R. J. Davis of Homer, Alaska Public notice appeared in the August 25 and September 1, 2005 issues of the Homer News. Nineteen (19) certified mailings were sent to owners of property within 300 feet of the parcels; thirteen (13) of the receipts have been returned. Two notices were returned because they were undeliverable. Fourteen (14) regular mailings were sent to agencies and interested parties; six (6) notices were sent to KPB Departments. Notices were mailed to the Homer Post Office and Homer Community Ubrary to post on the public bulletin board. The notice and maps were posted on the Borough web site and bulletin board in the Borough Administration Building. Statements of non-objection Coastal Management Program Homer Electric Association subject to reserving a 20-foot wide electrical distribution line easement centered on the existing overhead power line. Statement of objection State Department ofTransportation. DOT objects to the vacation without identifying surrounding properties and access to those properties. Staff discussion Physical access for Lot 7 appears to be by a paved driveway through the parcel to the north, which is under different ownership. Physical access for Lot 8 appears to be by a gravel road along the southern boundary. The petition as submitted would eliminate the 33-foot roadway and pUblic utility easements surrounding Government Lots 7 and 8, thereby leaving both lots landlocked. Per KPB 20.20.200, all lots must abut on a dedicated street. Staff cannot recommend approval of the vacation petition as SUbmitted. Lots 7 and 8 contain five acres each. Further subdivision in the future is likely. The Plat Committee reviewed and granted conditional approval to the associated preliminary platon August 8, 2005. A condition of approval will require the final plat be brought back to the Plat Committee for review and approval. Staff has made findings that support vacating the roadway and public utility easement along the east boundary, with retention of the remainder of the easements, inclUding that portion of the north and south easement extending to the east boundary. Staff recommends the vacation be approved subject to an open-ended dedication being provided over the portion of the easement adjacent to and over the existing driveway on the south boundary. KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 12, 2005 MEETING MINUTES PAGE 6 UNAPPROVED MINUTES 106 Findings: 1. Sufficient rights-of-way exist to serve most of the surrounding properties. 2. Neither Lot abuts dedicated public access as required by KPB 20.20.200. 3. Sufficient rights-of-way do not exist to serve Lots 7 and 8. 4. Per the submittal, the roadway and public utility easement along the eastern boundary is in use for utilities. 5. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. To date, one utility company, Homer Elecbic Association, has provided a letter of conditional non-objection. 7. The State Department of Transportation objects to the vacation without identifying surrounding properties and access to those properties 8. Per the submittal, a constructed gravel travel way is located along the southern boundary of Lot 8, and Lot 8 has a driveway off the travel way. 9. Perthe submittal, a paved driveway is constructed within the northeastern roadway and public utility easement to the encroaching structure. 10. There is a landlocked parcel to the north. 11. Additional access easements may be in place to serve surrounding parcels. 12. There are encroachments into the easement on the east boundary adjacent to Lot 7. 13. There is a drivewayto Lot 7, through an adjoining parcel; it is not know whether an easement has been granted of he drive way. 14. There is a drive way to Lot 8 located partially to the south ofLot 8; it is not known whether there is an easement along the north boundary of Lot 11 to the south. 15. The Plat Committee reviewed and granted conditional approval to the associated plat on August 8, 2005. 16. A condition of the preliminary plat approval is to bring the final plat back to the Plat Committee for final review and approval. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval ofthe vacation ofthe roadway and pUblic utility easement along the east boundary, with retention of the remainder of the easements, including that portion of the north and south easement extending to the east boundary. Staff recommends the vacation approval be subject to: 1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval. If the vacation is approved, the Kenai Peninsula Borough Assembly has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BYTHE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURTAT KENAI, AlASKA PURSUANTTO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT Chairman Bryson opened the meeting for public comment. Chairman Bryson read the rules by which public hearings are conducted. 1. Gary Nelson. Abilitv Surveys, 152 Dehel Avenue. Homer Mr. Nelson is the projectsurveyor. He asked for clarification thatthe dedication on the South boundary of Lot 8 would only be 30 feet wide. Ms. Toll replied yes, a 30-foot half dedication is what is being requested. Mr. Nelson commented it was an oversightthat he did not show the surrounding right ofway easements initially. Theydid notthink it was pertinent information but felt it is now pertinent. They needed to getthe original deeds from each ofthose tracts of land and read through them. Mr. Nelson was able to obtain those deeds for Lots 3, 4, 10, and 11. All ofthose Government Lots have the exact same roadways and public utility easements of 33 feet wide adjoining the perimeter of Lots 7 & 8. This makes 66-footwide easement and right ofway around Lot 7 & 8 perimeter except on the west boundary. Mr. Nelson did not have verification on Lot 5 & 6. All the KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 12,2005 MEETING MINUTES PAGE 7 107 UNAPPROVED MINUTES surrounding lots have their own 33-foot pUblic utility and right ofway easement Hethanked the commission for their time and consideration. Chairman Bryson asked ifthere were questions for Mr. Nelson. Commissioner Johnson understood that Mr. Nelson was asking for the right of ways to be vacated around the perimeters ofLots 7 & 8 on the inside ofthe section line. Commissioner Johnson asked if he was asking for 3 feet ofthe right of way to be vacated, which would drop it down from 33 foot to 30 foot He also asked if Mr. Nelson was also asking that the east side be completely vacated. Mr. Nelson replied that he would like to leave the south 33-foot easement for public utilities and right ofway. They would dedicate a 3C-foot right of way over top of that. Mr. Nelson changed his mind that if the 30 foot right of way is dedicated, and then he would like to vacate the portion of utility easement where the dedication is made. He commented that staff recommended that they dedicate from the driveway on the south boundaryto the eastwith a 3C-foot dedication. Mr. Nelson would then like to vacate the entire 33-footwidth of that portion where that dedication is made. He would like to trade the public utility easement along the entire east boundaries of Lots 7 & 8 and where the dedication is made along the south boundary. Chairman Bryson asked ifthere were other questions. Commissioner Johnson asked for more clarification from Mr. Nelson. He understood the east side and that Mr. Nelson wanted to dedicate 30 feet from the south side starting on the east and going to the driveway. Mr. Nelson replied that they would like to vacate the entire 33-foot width ofthe under1ying easement They would get rid ofthe easementthere and put a 30 foot dedication there in its place. Commissioner Johnson asked if there would be any changes on the west side of the driveway on the west and north border. Mr. Nelson commented they would like to vacate the whole thing but staff recommended something different. They want to vacate because the house is in the easement. Chairman Bryson asked ifthere were other questions for Mr. Nelson. Hearing none, the public hearing continued. Seeing and hearing no one else wishing to comment, Chairman Bryson closed the pUblic hearing and opened discussion among the Committee. MonON: Commissioner Gross moved to vacate the area along the eastern part of Lot 7 & 8 and that the roadway is contingent with the 30-foot right of way along the southern section up to the driveway but vacating the public utility easements. The property along the north and west remain as it is. Chairman Bryson asked if Commissioner Gross' intent on the underlying area in the adjacent area is where the dedication is being proposed. Commissioner Hohl asked ifthe items in the motion could be handled separately. Chairman Bryson replied yes, ifthere was a main motion. Due to a lack of a second, the previous motion died. MonON: Commissioner Gross moved, seconded by Commissioner Johnson to vacate the eastern section. Chairman Bryson asked for discussion. Commissioner Tauriainen stated he is not clear on what is being done. He asked for clarification from the staff regarding the vacation ofthe utility easementwith an overhead power line. Ms. Toll replied that HEAgave a statement of conditional non-objection. Their condition was the retention of a 2C-foot wide electrical distribution line easement centered on the existing overhead power line. Ms. Toll stated that would be required. CommissionerTauriainen asked if that would still be in place even though the vacation is granted. Ms. Toll replied that would still be reserved. Commissioner Foster asked for clarification on Finding #7 - "The state Department ofTransportation objects to the vacation without identifying surrounding properties and access to those properties." He also asked for clarification on Finding #1 0 - There is a landlockedparcel to the north." Commissioner Foster asked ifthe landlocked propertywasthe Deihl property and asked ifthey had access offof Diamond Ridge. Ms. Toll stated the landlocked parcel she is talking KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 12,2005 MEETING MINUTES PAGE B 1b8~APPROVED MINUTES about is the 2.5 acres, Deihl parcel. Gary Nelson stated that was erroneous information. Lots 3 &4 are the northerly lots that have 33-foot easements around their perimeters. There is a 33-foot right of way and utility easement on the southem perimeter. These lots are not landlocked and would not be landlocked with this dedication. Commissioner Hohl understood that they would have a 33-foot right ofway, which is below the minimum standards for rights ofway. Mr. Nelson replied yes. Commissioner Hohl stated that aecording to the aerial, it appeared the house on the north is encroaching close to the right of way. It may not have a usable or developable right of way that could be Borough maintained ifthat whole portion is vacated. Mr. Nelson stated he was trying to clarify the record in that it was stated that the lot was landlocked but is in fact not landlocked. Chairman Bryson stated the motion is to vacate the easterly area. He asked ifthere were wishes to do anything other than that. Commissioner Hohl asked ifit included both the utility easement and section line. Chairman Bryson stated there was not section line involved. Commissioner Hohl meant the 33-foot easement. Chairman Bryson stated it was for roadways and public utilities. Commissioner Hohl asked if the motion was for both to be vacated. Chairman Bryson replied, yes, on the east side. Ms. Toll clarified thatstaffrecommended vacation ofthe eastern utility easement and pUblic roadwayeasementto within 33 feet of the north and south boundary so there will be the continuous easement that goes all the way to the east boundary. Commissioner Foster questioned the north arrows on the two aerials that were in the packet. Chairman BlYSOn stated the only motion on the floor is to vacate the east side. AMENDMENT MOTION: Commissioner Gross moved, seconded by Commissioner Isham to vacate the eastern utility easement and public roadway easements to within 33 feet of the north and south boundaries per staff recommendations. AMENDMENT VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HEIMBUCH HOHL HUTCHINSON YES YES YES YES YES YES YES ISHAM JOHNSON MARTIN MASSION PETERSEN TAURIAINEN 13 YES YES YES YES YES YES YES Ms. Toll stated that staff would support the surveyor's requestto vacate the underlying easements underthe dedication because it cleans it up. It would also take the utility easement out of the dedication. Chairman Bryson asked if this would leave a 3-foot utility easement. Ms. Toll stated no, it would vacate the entire easement subjectto the easements that were required by the Utility Companies. Commissioner Johnson asked if staff recommended vacation of the underlying easements on the remaining three perimeters or just on the south side up to the driveway. Ms. Toll replied justthe underlying half right ofway dedication and adjacent to that. It would be the full 33 feet to the end ofthe dedication. Commissioner Johnson stated it is the entire south side. Ms. Toll stated the dedication has been request to the end of the driveway. Commissioner Clark asked ifthe motion was only for the eastside. Chairman Bryson replied thatthe main motion isjust the east side. Commissioner Hohl asked for question on the east side motion. MAIN MOTION VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HEIMBUCH HOHL HUTCHINSON YES YES YES YES YES YES YES ISHAM JOHNSON MARTIN MASSION PETERSEN TAURIAINEN 13YES YES YES YES YES YES YES MOTION: Commissioner Clark moved, seconded by Commissioner Isham to vacate on the south side the easements underlying and adjacent to the conditional 3Q-foot dedication as recommended by staff. KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 12,2005 MEETING MINUTES PAGE 9 109UNAPPROVED MiNUTES Commissioner Hohl asked if a eD-foot road dedication could be received with what is left without the HEA overhead electric power line being in it. Chairman Bryson stated it appeared that power lines are in an appropriate place in the future if a right of way was to go there. Ms. Toll understood that the outer 10 feet of a right of way could be used for utilities. Commissioner Hohl commented that there would be 50 feet left when the 33-foot is vacated. She asked ifthere was enough to get 20 feet plus the 10 feet for the power line ifthey are going down from 33 feet to 30 feet on the subject property. Chairman Bryson stated that the power line on the south side is outside the property. Commissioner Hohl stated she is looking at future development ofthat road ofhaving a 60-foot right ofway. It would be 50 feet with 10 feet for the power line. Commissioner Clark stated that with new dedications, it is common that HEA would lay lines in the outside10 feet of the 6D-foot right of way. Ms. Toll commented that is correct. Commissioner Clark replied that this overhead power line would be in keeping with utilities policies with placing utilities in the outer 10 feet of the 60 foot dedication. Ms. Toll stated yes. MonON VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HEIMBUCH HOHL HUTCHINSON YES YES YES YES YES YES YES ISHAM JOHNSON MARTIN MASSION PETERSEN TAURIAINEN 13YES YES YES YES YES YES YES Chairman Bryson asked if there were other items that needed to be addressed. Commissioner Gross asked if the underlying utility right ofways for the north and western area should be eliminated. Chairman Bryson stated that staffis recommending against that. Ms. Toll commented that staff is recommending that everything else remains the same. AGENDA ITEM F. PUBLIC HEARINGS 2. Vacate a 50-foot section line easement along the southern boundary ofLot 25B Subdivision ofGovernmentLot 25 (Plat HM 86-73); Section 20, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-179 (postponed from July 19, 2004 meeting); Petitioners: Donald A. and Judith A. McDonald of Ninilchik, Alaska; Location: West of Sterting Hwy in Ninilchik. Staff Report read by Mary Toll PC Meeting: 9/12105 Purpose as stated in petition: Easement goes over steep bluff and is unusable for access. Petitioners: Donald A. and Judith A McDonald of Ninilchik, Alaska Public notice appeared in the August 25 and September 1, 2005 issues ofthe Peninsula Clarion. All surrounding property owners were notified by certified mailings as required bythe code. Six (6) certified mailings were sent; four (4) receipts have been returned. Thirteen (13) regular mailings were sent to agencies and interested parties. Six (6) notices were distributed to KPB Departments. Notices were mailed to the Ninilchik Community Ubrary and Ninilchik Post Office to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board in the Borough Administration Building. Statements of non-objection Homer Electric Association KPB Coastal Management Program. Coastal Management staff noted that the access point terminates in a high bluff, and the access point is an unfeasible and imprudent point of access to coastal waters. Staff discussion The section line easement vacation petition was submitted to the Planning Commission on July 19, 2004. Atthattime KENAI PENINSULA BOROUGH PLANNING COMMISSION SEPTEMBER 12,2005 MEETING MINUTES PAGE 10 110 UNAPPROVED MINUTES AGENDA ITEM F. PUBLIC HEARINGS 1. Vacate the 33-foot Roadway and Public Utility Easements, along the east and west sides of Government Lots 7 & 8, along the north side of Lot 7 and the south side of Lot 8 reserved by Patent; within Section 12, Township 6 South, Range 14 West, seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2005-210; Petitioners: Judith A. and R. J. Davis of Homer, Alaska; Location: West ofDiamond Ridge Road in Homer STAFF REPORT PC Meeting: 9/12105 Purpose as stated in petition: Easement is no longer needed. All parcels have existing access, and there is a building encroachment on Lot 7. Petitioners: Judith A. and R. J. Davis of Homer, Alaska Public notice appeared in the August 25 and September 1, 2005 issues ofthe Homer News. Nineteen (19) certified mailings were sent to owners of property within 300 feet ofthe parcels; thirteen (13) of the receipts have been returned. Two notices were returned because they were undeliverable. Fourteen (14) regular mailings were sent to agencies and interested parties; six (a) notices were sentto KPB Departments. Notices were mailed to the Homer Post Office and Homer Community Ubrary to post on the pUblic bulletin board. The notice and maps were posted on the Borough web site and bulletin board in the Borough Administration Building. Statements of non-objection Coastal Management Program Homer Electric Association SUbjectto reserving a 20-footwide electrical distribution line easementcentered on the existing overhead power line. Statement of objection State Department ofTransportation. DOT objects to the vacation without identifying surrounding properties and access to those properties. Staff discussion Physical access for Lot 7 appears to be by a paved driveway through the parcel to the north, which is under different ownership. Physical access for Lot 8 appears to be by a gravel road along the southern boundary. The petition as submitted would eliminate the 33-foot roadway and public utility easements surrounding Government Lots 7 and 8, thereby leaving both lots landlocked. Per KPB 2020200, all lets must abut on a dedicated street. Staff cannot recommend approval of the vacation petition as submitted. Lots 7 and 8 contain five acres each. Further subdivision in the future is likely. The Plat Committee reviewed and granted conditional approval to the associated preliminary plat on August: 8, 2005. A condition of approval will require the final plat be brought back to the Plat Committee for review and approval. Staff has made findings that support vacating the roadway and public utility easement along the east: boundary, with retention of the remainder of the easements, including that portion of the north and south easement extending to the east boundary. Staff recommends the vacation be approved subject to an open-ended dedication being provided over the 35 111 portion of the easement adjacent to and over the existing driveway on the south boundary. Findings: 1. Sufficient rights-of-way exist to serve most of the surrounding properties. 2. Neither Lot abuts dedicated public access as required by KPB 2020200. 3. Sufficient rights-of-way do not exist to serve Lots 7 and 8. 4. Per the submittal, the roadway and public utility easement along the eastern boundary is in use for utilities. 5. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. To date, one utility company, Homer Electric Association, has provided a letter of conditional non objection. 7. The State Department of Transportation objects to the vacation without identifying surrounding properties and access to those properties 8. Perthe submittal, a constructed gravel travel wayis located along the southern boundary of Lot 8, and Lot 8 has a driveway offthe travel way. 9. Per the submittal, a paved driveway is constructed within the northeastern roadway and public utility easement to the encroaching structure. 10. Ther-e is a landlocked parcel to the north. 11. Additional access easements may be in place to serve surrounding parcels. 12. There are encroachments into the easement on the east boundary adjacent to Lot 7. 13. There is a driveway to Lot 7, through an adjoining parcel; it is not know whether an easement has been granted of he drive way. 14. There is a drive way to Lot 8 located partially to the south of Lot 8; it is not known whether there is an easement along the north boundary of Lot 11 to the south. 15. The Plat Committee reviewed and granted conditional approval to the associated plat on August 8, 2005. 16. A condition ofthe preliminary plat approval is to bring the final plat back to the Plat Committee for final review and approval. STAFF RECOMMENDATION: Based on the above findings, staffrecommends approval ofthe vacation ofthe roadway and public utility easement along the east boundary, with retention ofthe remainder ofthe easements, inclUding that portion ofthe north and south easement extending to the east boundary. Staff recommends the vacation approval be subject to: 1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval. • Ifthe vacation is approved, the Kenai Peninsula Borough Assembly has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PE11TI0N IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERA11ON SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPEUATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT 112 :.u ~ aRT/FIeATS Of OlrNSRSH/P """'/1 3 4 DRIVEWAY 5 We hereby certify that we are the N89'22'56"E 1 N89'38'4-8"E owners of the real property shown ond described hereon, and thot we hereby ~;I:///t'///~2~'4?':>~//>:///?/;// ///-/j~9.95;/>////~~·. /" /./ / / /~ ,~. LL/...L.L. 'LL/-L.../L.L/..LL ~ L..Lj~ / adopt this plan of subdivision, and by our tree consent dedicate all public m I~ ~. 6 righto-of-woy ond grant all eooement. // /l:!-' to the use shown. //1- 33' ROADWAY • I/"~~w //! - AND PUBUC UTIL. t,,~..• r~ Ir7lJims ()~/ ESMT.(R1) trost",,,, J'iY th'" 00"$ Um9 Nust to (TO BE VACATED) ,:; ~ n /~ WC./'iY./'7'Y HAP P,O. 80K t 127 ... 1 _ Homer, AK 99603 L I I 3 The Information depicted hel90n Is for a graphlcal,epresenlallon Kenai Peninsula Borough Planning Department only of best available sources. __===:JI Feet The Kenai Peninsula Borough 5-foot Contours assumes no responsibility W+E o 100 200 400 for any errors on this map. 8/26/05 S o'"' Deihl Deihl IMllf 2.5 Acres .98 ADDN. 1.8 Acres Acres Barratt Davis 1.5 5 Acres Acres Davis --l 5 Acres --l ~I I I ~ RIchards 1.7 Acres Mastick 4.7 Acres DIAMOND RIDGE RD The Inlormatlon depicted hel8Dn Kenai Peninsula Borough Planning Department Is lor a graphIcal representation only of best available 9OUn:es. The Kenai Peninsula Borough Vicinity Map _-====- Feet assumes no msponslbnily W+E o 150 300 600 lor any errors on this map. 8/26/05 S .p o ..... Q') The information depic1ed hereon is for a graphical representation Kenai Peninsula Borough Planning Department only of best available sources. The Kenai Peninsula Borough _-=== Feet assumes r 'YIsibility w+. 8/26/05 ~on :" . .p. ''1ity Mao o 1!;O 300 ~~" - """'-_...... """"""_..,...... ,',"'"'~.,., ...... ,,,Oi:::.r.-_.__~,,_~~.;;...~'.~,"'.'~;l"ii.;,".,~~..,,-_c -, ...... ¥~~*~~.. ,..~..h~;'.....,~...... ~H,\;;~,~:tii:J!1Z1ii _~>,~~~1iii&!I ~.1I"5S ~ The information depiclli!ld hereon N is for a graphical representation Kenai Peninsula Borough Planning Department only of best available IIOUrces The Kenai Peninsuia Borough _-====- Feet assumes no responsibility W+E for any errors on this map s 8/26/05 Vicinity Map 0 50 100 200 " '! ~~,~..~-~-..~,,,------'-.-..----- ....--_____ 0""- il's;a·.~r;'1i f,S'prrQJClOW~. ., .p. N ;rr~ 6 1H!l.'rDNDft., ~ I la' 11 ...... (Xl Proposed Vacation .,4 13 The Informetlon depicted hereon N Is lor a graphical representation ~---"'!!··!:'.====:'::!.OO!!!O------"!'''!.O%:·t only of best available sources. 7126/2005 The Kenai Peninsula Borough .""umes no responsibility W+E for errors on this map. S ~' 1~l/7 ~i, FRANK H. MURKOWSKt, GOVERNOR (0J Ci? ! Ii? 'r?"1 ,i\ 1"] !l ((=0 / \~, Iljn ;J !I 11.., //1\ II I~\ \\ ,\ /!J\ / J \-::) ULi ~ ,1t U LnJ1Lruc::~) U\~f..tu / DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES 4111 AVIATION AVENUE / P.O. BOX 196900 / ANCHORAGE, ALASKA 99519-6900 f (907) 269-0520 (FAX 269-0521) CENTRAL REGION - PLANNING I (TTY 269-0473) July 29,2005 RE: Kenai Plat Review Ms. Mary Toll Kenai Peninsula Borough 144 N. Binkley Soldotna, Alaska 99669-7599 Dear Ms. Toll: The Alaska Department ofTransportation and Public Facilities (ADOT&PF, the Department) has reviewed the following plat cases and has no comments: j 2004-265 - Baughman Weilbacher's Retreat 2005-186 - Alpine Meadows N05 2005-189 - Donnan's Divide 2005-191 - Can'er Subd Macvie Replat 2005-193 - Kachemak Heights Subd. Tract .E Replat 2005-203 - Oscar Munson No 22 2005-204 - Halcyon Subd Phillips Addn 2005-205 - Sagerser Subd Ranch Addn Comments: 2005-187 - Vogel Subd #2: Please verify and identify the apparent section line easement on west side of the affected property. 2005~188 - Stariski Ridge Estates: Access to Sterling Highway for all lots is limited to existing use of Creekside Road. Please verify sight distance at Creekside Road and Sterling Highway. 2005-190 - Correia Subd #5 The Departments recommends redesigning by moving flag to north side of property and sharing the flag driveway for both properties. --->-. 2005-194 - SW1I4 Sec 12 T6S R14W SM Lots 7 &8 vacating easements roadway & PUE: The Department objects to vacation without identifying surrounding properties and access to those properties. 2005-195 - Clayton Subd No 3: Please verify and identify all section line easements on this property before resubmitting for comment. "Providingfor rlze movement a/people and goods' and the delivery a/swre services. " 43 119 Homer News KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate Roadways and PUblic Utility Easements located in the Homer area. Area under consideration is described as follows: A. Location and request: Vacate the 33-foot Roadway and Public Utility Easements, along the east and west sides of Govemment Lots 7 & B, along the north side of Lot 7 and the south side of Lot 8 reserved by Patent; within Section 12, Township 6 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005 210 B. Purpose as stated in petition: Easement is no longer needed. All parcels have existing access, and there is a building encroachment on Lot 7. C. Petitioner(s): Judith A. and R. J. Davis of Homer, Alaska Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, September 12,2005 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held at the Moose Pass Community Hall, Mile 29.5 Seward Highway, Moose Pass, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll or Sylv~a Vinson-Miller, Kenai Peninsula Borough Planning Department -144 N. Binkley Street· Soldotna, Alaska 99669. Please provide written testimony to the Planning Department by Wednesday, September 7,2005 [written comments may also be sent by Fax to 907-262-8618] If the Planning Commission approves the vacation, the Borough Assembly has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Mary Toll or Sylvia Vinson-Miller, Planning Department, 714 2200 (1-800-478--4441 toll free within Kenai Peninsula Borough). Mary Toll In accordance with Chapter 2D of Borough Codes all Platting Officer property owners within a 300..foot radius must be' [email protected] notified ofthe proposed vacation. According to PUBLISH 2X (Thursdays, August 25 and September 1, 2005) Borough records, you are an owner of property within that radius; or you are an affected party. ~E~ NO CJB;:r£C-7I'ON I e~~PTj I-II£':} ~~i?-Ve..,S A ;<.0 rr ~ Y[) ~ EL ~G-rbl ~z.... t:> L-S -rJe-r 8 V 71 o.A-J ~Jr}..J~ ~-~ C£-A...t-r~ ~ 'TH-~ -E2~.sr/.J<.JG- CJ 44 ",bf, pO~ LJt?LJ-t:-- .. ~ 8 .. lS'0S KENAI PENINSULA BOROUGH 144 N. BINKLEY. SOLDOTNA, ALASKA· 99669-75!l1l BUSINESS (907/262-4441 FAX (907)262·1892 DALE BAGLEY MAYOR MEMORANDUM Coastal Zone Management Date: August 9, 2005 To: Mary Toll, Platting Officer. From: Gary Williams, CZM Coordinator ~ Subject: Judith and RJ. Davis: Vacation Request The Kenai Peninsula Borough Planning Department has received a request by the above named petitioners to vacate the 33-foot roadway and public utility easements on the east and west sides ofGovemment Lots 7 & 8 on the north side ofLot 7 and the south side ofLot 8 reserved by U.S. Patent; within Section 12, Township 6 South, Range 14 West, Seward Meridian and within the Kenai Peninsula Borough Coastal Zone Management Program (CZMP) staff reviewed the above described vacation request for consistency with policies ofthe CZMP and offers a comment of'"No Objection". 45 121 KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA August 8, 2005 - 5:30 P.M. APPROVED MINUTES AGENDA ITEM A. CALL TO ORDER Chairman Massion called the meeting to order at 5:30 p.m. AGENDA ITEM B. ROLL CALL Plat Committee Members Rick Foster, Homer City Mari Anne Gross, Southwest Borough Lynn Hohl, Seward City Mark Massion, Seldovia City Todd Petersen, East Peninsula Staff Present Max Best, Planning Director Mary Toll, Planner Patti Hartley, Administrative Assistant Others Present Cliff Baker, Integrity Surveys Mae Alice Hopkins Jerry Johnson, Johnson Surveying Gary Nelson Bob Currier Penny Vadla Lisa Vaughn Lynn Hettick Carl Norman Louise Hooyer. State DOT, Right of Way Engineering Supervisor AI Burton, State DOT, Right of Way Agent AGENDA ITEM C. APPROVAL OF AGENDA 1. Agenda 2. Plat Committee Member/Alternate Excused Absences 3. Minutes a. July 18, 2005 AGENDA ITEM D. SUBDIVISION PLAT PUBLIC HEARINGS Due to the large number of plats, staff has grouped the plats located under Agenda Item 0 to more efficiently act on all plats within the time constraints of the meeting. A. Simple (lot splits, small number of new lots, no exceptions required) or non-controversial (may required redesigns, create larger number of lots, no public comments received, no exceptions required.) KENAI PENINSULA BOROUGH PLAT COMMITTEE AUGUST 8,2005 MEETING MINUTES PAGE 1 46 122 3. Section Line Easement Vacation Plat Lillian WaJli Estate No.2; KPB 2005-198 7. Correia Subdivision No.5; KPB 2005-190 9. Clayton Subai'/ision No. 3; KP8 2QQ5 195 10. Kennedy Subdivision 2005 Addition; KPB 2005-196 '=;>11. Vacation Lot 7 & 8; KPB 2005-194 14. Quartz Creek Subdivision James Addition; KPB 2005-197 19. Haloyon SUbai\'ision Phillips Addition; KPB 2QQ5 2Q4 17. Ocean Pond Subdivision; KPB 2005-201 18. Katamar Subdivision 2005 Replat; KPB 2005-202 21. Sagerser Subdivision Ranch Addition; KPB 2005-205 Staff recommends the committee determine whether any members of the public, surveyors or committee members wish to speak to any of the plats in this group A and remove the specific plats from the group, voting on the remainder of plats inthe group in a single action to grant preliminary approval to the plats subject to staff recommendations and the conditions noted in the individual staff reports. END OF STAFF REPORT Agenda Item 9 - Clayton Subdivision No.3; KPB 2005-195 and Agenda Item 16 - Halcyon Subdivision Phillips Addition; KPB 2005-204 was pulled from List A since there were members of the public to testify on these plats. MOTION: Commissioner Gross moved, seconded by Commissioner Hohl to grant approval Agenda Item 3, 7, 10, 12, 14,17,18, and 21 as quoted. Commissioner Foster asked for a repeat of List A. 3. Section Line Easement Vacation Plat; KPB 2005-198 7. Correia Subdivision No.5; KPB 2005-190 10. Kennedy Subdivision 2005 Addition; KPB 2005-196 . => 12. Vacation Lot 7 & 8; KPB 2005-194 14. Quartz Creek Subdivision James Addition; KPB 2005-197 17. Ocean Pond Subdivision; KPB 2005-201 18. Katamar Subdivision 2005 Replat; KPB 2005-202 21. Sagerser Subdivision Ranch Addition; KPB 2005-205 Ms. Toll recommended that these plats be approved subject to the staff recommendations in each of the original staff reports. The maker ofthe motion, Ms. Gross concurred that the motion included that each plat be approved subject to the staff recommendations in the individual staff reports. The second of the motion, Ms. Hohl also agreed to have that part of the motion. VOTE: The motion passed by unanimous consent. FOSTER GROSS HOHL MASS/ON PETERSEN 5 YES YES YES YES YES YES AGENDA ITEM D. SUBDIVISION PLAT PUBLIC HEARINGS 3. Section Line Easement Vacation Plat Associated with Lillian Walli Estate No.2 KPB 2005-198; ImhofflFaith Lutheran Church STAFF REPORT Plat Committee Meeting: 8/8/05 Location: City of Homer Proposed Use: Church Zoning: RR - Rural Residential KENAI PENINSULA BOROUGH PLAT COMMITTEE AUGUST 8, Z005 MEETING MINUTES PAGE 2 47 123 No additional preliminary information is required. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF THE FINAL PLAT IN ACCORDANCE WITH TITLE 20 INCLUDE: 1. Provide or correct the dedication andlor approval statement(s) with the notary's acknowledgement as needed (KPB 20.16.155). 2. Survey and monumentation must meet the ordinance requirements (KPB 20.16.160). 3. Place a note on the plat: "No access to state maintained rights-of-way permitted unless approved by the State of Alaska Department of Transportation." 4. Provide the building setback statement in accordance with KPB 20.20.230. 5. Conform to conditions of KPB Planning Commission Resolution 78-6. 6. Comply with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 7. Compliance with Ordinance 90-38 (Substitute) - Ownership. 8. Compliance with Ordinance 90-43 Easement Definition. 9. Compliance with Ordinance 93-59 - Payment of all taxes due prior to final approval. If final approval and filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. NOTE: A NOTICE OF RECONSIDERATION MAY BE TAKEN FROM THE DECISION OF THE PLAT COMMITTEE TO THE PLANNING COMMISSION ACTING AS PLAITING BOARD BY FILING WRIITEN NOTICE THEREOF WITH THE BOROUGH PLANNING DIRECTOR ON A FORM PROVIDED BY THE BOROUGH WITHIN 10 DAYS AFTER NOTIFICATION OF THE DECISION OF THE PLAT COMMIITEE BY PERSONAL SERVICE, SERVICE BY MAIL, OR PUBLICATION 2.40.080 BOROUGH CODE OF ORDINANCES). , THE NOTICE OF RECONSIDERATION SHALL BRIEFLY STATE THE REASON RECONSIDERATION IS REQUESTED AND THE APPLICABLE PROVISIONS OF THE BOROUGH CODE OR OTHER LAW UPON WHICH RECONSIDERATION IS BASED. END OF STAFF REPORT AGENDA ITEM D. SUBDIVISION PLAT PUBLIC HEARINGS 12. Vacation Lot 7 & 8 KPB 2005-194; AbilitylDavis STAFF REPORT Plat Committee Meeting: 8/8/05 Location: West of Diamond Ridge Road within Kachemak Bay APC Proposed Use: Residential Zoning: Unrestricted Sewer: On-site Water. On-site or Trucked In Assessing Use: Residential, Vacant Supporting Information: The subdivision proposes to finalize the vacation of 33-foot roadway and public utility easements reserved in the original patent. Since there is no underlying property that must be replatted when an easement is vacated, they are usually finalized by resolution. Submittal of the plat prior to the vacation approval does not allow staff to address any specific conditions that the vacation may have if it is approved. The vacations propose to create lots with no public access or dedicated frontage. The vacation petition has been submitted and is tentatively scheduled for the September 12, 2005 Planning Commission meeting. Staff recommends approval ofthe plat be SUbject to approval and conditions ofthe vacation. Staff recommends the final plat be submitted for Plat Committee review and approval. Additional reqUirements may result from the vacation action. KENAI PENINSULA BOROUGH PLAT COMMITTEE AUGUST 8, 2005 MEETING MINUTES PAGE 6 124 48 Staff requests the following note be placed on the plat: Roads must meet the design and construction standards established by the borough in order to be considered for certification and inclusion in the road maintenance program (KPB 14.06). Plats are scanned and filed by plat name. Staff recommends the subdivision be given a name. The submittal and KPB records indicate a trust owns the property. Ifthe ownership shown on the final Certificate to Plat is in a trust, staff recommends the Certificate to Plat or other documentation confirm the person(s) authorized to sign the plat on behalf of the trust.· Per Planning Commission Resolution 2000-25, if the Certificate to Plat indicates any beneficial interests affect this property, they will be notified and given 30 days from the date of the mailing of the notification to respond. They are given the opportunity to notify staff iftheir beneficial interest prohibits or restricts subdivision or requires their signature on the final plat. If no response is received within 30 days, staff will assume they have no requirements regarding the subdivision and it may be finalized. If the Certificate to Plat shows the property is affected by private covenants, staff recommends the recording information of the private covenants and restrictions of record in effect at the time the final plat is approved be noted on the plat (KPB 20.16.140). Kachemak Bay Advisory Planning Commission is inactive at this time. No exceptions have been requested. STAFF RECOMMENDATIONS: Grant approval ofthe preliminary plat subject to any above recommendations, and the folloWing conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: No additional preliminary information is required. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF THE FINAL PLAT IN ACCORDANCE WITH TITLE 20 INCLUDE: 1. Correct the spelling of satellite if this notation remains on the final plat. 2. Clarify or include Note 7 associated with the wood retaining wall. 3. Survey and monumentation must meet the ordinance reqUirements (KPB 20.16.160). 4. Provide the building setback statement in accordance with KPB 20.20.230. 5. Conform to conditions of KPB Planning Commission Resolution 78~6. 6. Compliance with Ordinance 90-38 (Substitute) • Ownership. 7. Compliance with Ordinance 90-43 Easement Definition. 8. Compliance With Ordinance 93-59 - Payment of all taxes due prior to final approval. If final approval and filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. NOTE: A NOTICE OF RECONSIDERATION MAY BE TAKEN FROM THE DECISION OF THE PLAT COMMITrEE TO THE PLANNING COMMISSION ACTING AS PLATIING BOARD BY FILING WRITIEN NOTICE THEREOF WITH THE BOROUGH PLANNING DIRECTOR ON A FORM PROVIDED BY THE BOROUGH WITHIN 10 DAYS AFTER NOTIFICATION OF THE DECiSION OF THE PLAT COMMITTEE BY PERSONAL SERVICE, SERVICEBY MAIL, OR PUBLICATION 2.40.080 BOROUGH CODE OF ORDINANCES). THE NOTICE OF RECONSIDERATION SHALL BRIEFLY STATE THE REASON RECONSIDERATION IS REQUESTED AND THE APPLICABLE PROVISIONS OF THE BOROUGH CODE OR OTHER LAW UPON WHiCH RECONSIDERATION IS BASED. END OF STAFF REPORT KENAI PENINSULA BOROUGH PLAT COMMITIEE AUGUST 8, 2005 MEETING MINUTES PAGE 7 49 125 0,\'\1213147,; Kenai Peninsula Borough Planning Departmet,C?J'" ... :S;e~ 144 North Binkley : ~ ~ Soldotna, Alaska 99669-7599 ':t RJII. _ ~ Toll free within. the Borough. 1-800-478-4441, extension 260 ~.('1)\ 261 ~~ed . ~ (907) 262-4441, extension 260 or 261 <"\ ... E {". )'u Petition to Vacate Public Right-of-Way/Section Line ~~~~",?-z,.{l>-u Public Hearing Required Upon receipt ofcomplete application with fees and all required attachments a public hearing Defore the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Plam1ing Department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code. the public hearing must be scheduled within 60 days of receipt of complete application. Fees - $300 non-refundable fee to help defray costs ofadvertisil)g public hearing. Plat fees will be in addition to vacation fees. City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. Name ofpublic right-of-way proposed to be vacated is ; dedicated by plat of _ Subdivision, filed as Plat No. in the Recording District. Are there associated utility easements to be vacated? ~Yes (]No Are easements in use by any utility company; ifso which? ~ flloJt) &ff Bou.... ,/IU"(~J' Easement for publ ic road or right-of-way as set out in (specify type ofdocument) Pa:fMt beds as recorded in Book Page of the Recording District. (Copy of recorded document must be submitted with petition). o Section Line Easement. Width of easement must be shown on sketch. o Submit three copies of plat or map showing area proposed to be vacated. Must not exceed 11 x 17 inches in size. In the case of public right-of-way the submittal must include a sketch showing wh ich parcels the vacated area will be attached to. Proposed alternative dedication is tO,be shown and labeled on the sketch. Has right-of-way been fully or partiaI1y constructed? DYes DNo Is right-of-way used by vehicles/pedestrians/other? DYes DNo Has section line easement been constructed? DYes· DNo Is section line easement being used? DYes DNo Is alternative right-of-way being provided? DYes DNa The p-etitioner must provide reasonable justification for the vacation. Reason for vacating: £AS6At6!JI 15 NO U; tJ era.. Nff1)G{). ALL flJl(CELS HA V£ £X;ST1AX;- A G:..{sS; A,.;,P "1'RERf is A .BUIt../»)~ 6t¥:.tJJA~rnGfJT (J/J t-aT. 7~ 50 126 ,'\2i3147Slo . / ...C'\ 6'o? /~. + {¢~ J he petition must be signed (written signature) by owners of majority of the front feet of land ~nting PWf ~-of- ~ way or section line easement proposed to be vacated. Each must include mailing address and r!,~al desc~tlUJI:his/her e \o:::T R ;"_.1 , property. ~ () ~ ~ ufge~::: E Submitted by: Signature -~ As: 0 Petitioner ~ Representative l/ Name ·G~/.[j#IJ/Ammi SlJr-VeJ~ ""':-01' .{LJ~ Address /52- !J6t!bL ,4l!6 • ~6~ az a 9"{; / H6111d'~ t AI<. ""'1t: e3 Petitioners: Signature Signature Name Name Address Owner of Signature Name Address wner of 51 127 ""'PIU 4.. 11111 IAr-It IWl1) ,\ m:fj£ Wititeb f$tatc5 of ~l11£rim, i I ,I I WU[Il(A.~•• c.r,r,~Ac""lli "r u,. l .."J on'...... c ~ • ~I .. ,' '1••_ """".Il"f I", lh. u..•••• or L...4 6lu411"Il""'I••~'·,·-t 'I ."... ''''' "",,~,"l 10 '0" .,y., (..... ,,, .,1 "'- 1. 1~ (5'2 ~- 6c:JI)...... ·1 ,." .. IU. ''',IIlpl-:'''''''''.1 n.", h, 1POl'IIab, t • ..wt ..r JIll.,. 11~. 'l9l6 (:Ii t:t:at. liq). • I Ih. cI.l.. or • 1" , IlBlD ~ .~4 fh_t ,t.. ,..;..... lteuu~ ..b &t I.~ PIf'l'f.I";"~ I", &"'11 c:l..J":' ...... _ '-i.. let ••• ""'••":"'r.6otar:.t1",,"d had I' ': , 1 a-.r4 ..nd1Ul. Ai-b.. 'r. ,6 s•• R. 11 w•• ,'...... U'_'~ 8. ... \,' I '. ,[', " I ~ f . I 1 I : , "'I \ ! ',' \ iI 0' I: I • \ ,i , ~ r", I , I " .I \ I ", '·1 , ". I I l ,\. I , , I ·1 I', " i l' ;. i, . ,' (, .... i " i:i . I .. I /" \.; 'I If \' , ' ,; I : i: . 1\.',:, I 1· I :;. ',Ii" i . , " ..... ------.. ',/, .. " " , : " ,., ., , ...... ,. ··t.:··,"'. I. ' I 52 128 ,l ragt: 1 Ul 1 Toll, Mary From: mail.cruzio.com [[email protected]] Sent: Saturday, September 10, 2005 9:06 AM To: [email protected] Subject: Vacation of the 33 ft roadway and easement along sides of gov't lots 7&8, KPB file 2005-210 September 12, 2005 To Whom It May Concern: After reviewing the petition to vacate Roadways and Public Utility Easements located in the Homer area, specifically the 33-foot Roadway and Public Utility Easements, along the east, west, and north sides of Government Lots 7 & 8, we are requesting that the petition be revised to include only the east side of Government Lots 7 & 8, where the bUilding encroachment exists. Our property borders the west side starting at the north corner in the Beck Hill subdivision. We would like to see the north and west sides of this easement remain intact, as is, so that future development of lots 7 & 8 will be limited to areas up to, but not included in the 33 foot easement. Please consider this revised proposal. Thank you. Cynthia Elliott and Don Elliott, landowners, Homer, Alaska 9/12/2005 53 129 KENAI PENINSULA BOROUGH 144 N. BINKLEY' SOLDOTNA, ALASKA' 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR MEMORANDUM TO: Gary Superman, Assembly President Kenai Peninsula Borough Assembly Members FROM: {JL6 Dale Bagley, BoroWgh Mayor DATE: September 14, 2005 SLlB..IECT: Confirmation of New Department Head Per Chapter 2.20 of the borough code, the name of Fred W. Swen is hereby submitted for confirmation as Chief - Nikiski Fire Service Area. Section 2.20.030 states: The assembly shall examine the qualifications of the executive for the purpose of determining whether they comply with the requirements prescribed by statute or ordinance for the position occupied. If they comply, the assembly shall so find and shall confirm the appointment. If they find the executive not qualified, they shall deny confirmation and the mayor shall thereafter hire a qualified person. No more than 31 days shall pass after the mayor has submitted the name of a new executive officer before the assembly shall determine by majority vote whether or not the qualifications set by statute and ordinance have been met. Failure to consider the matter within this time shall be deemed to constitute a finding that the officer possesses the requisite qualifications. His resume and job description are attached. Based on his qualifications, past experience and accomplishments, I strongly recommend confirmation. DB:rh Attachments 1:\OFFICE97\Samples\Confirmation Dept. Head.doc 130 KENAJPENINSUI 4 BOROUGH 144 N. Binkley. Soldotna, AK • 99669-7599 Business (907) 714-2130 • Fax (907) 262-8671 web page: www.borough.kenai.ak.us/ EMPLOYMENT APPUCATION Date Z ~pt"S Social (PLEASE PRINT CLEARLY.) Sec. No. (Optional) Name --=~=.....:;.-.W....::::e~h'----- ~h--.,;."'e...... ;::·=~ ____==W~. _ Last First Middle Different last names previously used, if any~_~~tt~ __ (Place a number in £ronc o£ eacb. name and use number in employmenc b.iscory co indicace name known by employer.) /1 12 EM: Address 13D$ L-C<.br\l'~kvuv.. et. I !LeMa,' / Ilk' "Z'~~hone No. WK(902)283-4IMI Mailing Addre s City State Zip Are you eligible to work in u.S.? Yes ~K~-- No POSITION APPLIED FOR F~r-'f' a ,'ee (N..J<~I·~=k,,-,-:I)~ __p,ay Expectedt72"tJ::x;J,oa notified in case of an emergency: LU.~ Name Relationship Address Home Phone Work Phone Have you been convicted of a misdemeanor within the past five years or a felony within the past ten years? [] YES rK] NO 'If yes, describe conditions on a separate sheet of paper and attach it to this application. (NOTE: A conviction record is not absolute grounds for disqualification. The number, nature, recency and relationship to the job applied for will be evaluated in reviewing this application.) Have you worked here before? [] YES rJ\.] NO When? Where? __ List relatives working for us__~At~D~h~~L- __ Name Relationship EDUCATION Name/Location of School Major/GPA Degree High School (' College/Other \) o(dr.e {) , College/Other ~j~~. Coll.ege/Other::-_ ... . We· are an- Equal. Opportunicy ~loyer;.~ ,we' 131.z;'0c:. ?i~crimi.rJ.ace on cbe, basis, of' race,. religion;., colorl sex; age, nac~onal_ or~g~nc.__~sab~l~cy•., Mi.litary Service: ~] Yes [] No If yes, dates served Smrcr62- l0!lwrro ype of Discharge__t~~~~~na~b~{~~ (Attach Copy of DD Form 214) WORK HISTORY (Begin with Your Most Recent Employer) _Name/Address of F.ro~: To: Describe Work Salary Reason Left C lmpany IX: Type of Mo/Yr Mo/Yr You Did Start/End Business () , - ~EJ - f lJ I &J4:~n - - - - Describe any other experiences, skills, or qualifications which you feel would especially fit you for work with the Kenai Peninsula Borough. APPLICANT'S CERTIFICATION r hereby certify that all the questions contained on this application are fully, correctly and truthfUlly answered and I authorize this employer to =ontact my for.mer employers, references and other sources in order to verify the facts furnished regarding my character and qualifications. I hereby release any such employer or persons from liability of any nature on account of furnishing such information. I understand that any misleading, incorrect or untruthful statements may render this application void and if I am termi.Bni~ employed would be just cause for eIrrP1oymentO : n J Signature of:' Applicant:.:' . 132 Mar 14 2005 11:44AM DPW DIRECTORS OFFICE 90" 428 1186 p. 1 Fred Swen 12761 Rivulet Circle Anchorage, Alasb 99516 (907) 349-1028 E-mail: swen@gcLnet 14 March 2005 Human Resources Office RECEIVED Kenai Peninsula Borough 144 N. Binkley Street MAR 1 4 2005 Soldotna, Alaska 99669 HUMAN RESOURCES Dear SirlMa'am, I was very pleased to learn orthe opening for the position ofFIREIEMS CHIEF Nikiski F"IR Department, Alaska that I found posted on the "Kenai Human Resources ll WebPage • On the enclosed resume I have outlined my professional and educational background in regards to my fire protection and prevention experience. I have been looking into moving to the Kenai area and feel I could make a contribution to your organization. I am pro active and very progressive while always looking for new ways to improve on the job performance. My fellowships include: IAFC member, NFPA member, NavylMarine Corps Fire Protection Association Life member, NRA. Endowment member, Gideon Camp PresideDtlmember, and I am a fanner U. S. Marine. I would welcome the opportunity to share with you and answer any further questions that you may have during the interview process. Sincerely ~:5W6t- Fred Swen 133 Mar 14 2005 11:44AM DPW DIRECTORS OFFICE 90" 428 1186 p.2 Fred William Swen 12761 RivuletCir. AncboIagc, AX 99516 USA Home: 907-34~1028 Email Address: men@gcinet WORK EXl'ERRNCE: ~maybe COIJ!3Cted 6111/1992 to Pl'esent. Hrs per week: 60, C1iefFiIe Officer. Foe aad EmergcDcy Services. Directmate ofPublic Works. Fort RiclIardsoD. AJasb 99505-6500 Supervisor (Cmreut): Mike Meeks. (907) 353·7287 I hold. the position ofFiR Chidwithin the DepIIrtIneotofDeftDsc and am IeS(XHlSibk for file ~ aDd prortt..1ion for tbe Army aDd Navy facilities wbcIe lISIism:cL The DpIpIF"'f"1 aDd. protccd.on of properties aDd petaJIIDe1 JIaw iDc:1JJde4 1.8 million acres, 246 penomJCl, lIDd an progmms induding cmcrgaacy servia: fimctioas in the areas offile figbting. hazatdous DIlIterials ~JIIlehnitiptioD. 'M8pOIIS ofmass desttac:aiao. iot:erveDtioa, D11clc:ar1biologicallchcmical ~ measarcs, coo:fiaed space Ul8CDC, emergeocy medical service, and. vdrlc1clwatcr bomc n::ICUe wbik: maj"IRjnjng scene sccuri1y aDd cxmIro1. I review buildiDg CODStI'UCtion plans aDd CODduct inspecnODS of COD5tnIctian sites to ensure c:ompliaDce with all codeIIstaDdards. I conduct inYestigatioDs at fires or other incidenls aad assist otbcn as occded. W"I1b authority to speak fOr the Command I uegotiatc BDd develop uec =""1 agreemelllS throogh collUDlJDity planning with od1s' federal ageuciea sad local COIllIDIIIIi1ic ama::ming tteiplocal fire protrx:Iion aDd possible disaster comrols. I develop speciati'Uld J1[Qjccts aD4 manage 1hem throughpIaas aDd goals, esrimaring aodjuslifying budget reciuiR:mcmts. I project, de\Jdop, miljustify staffingkYd Deeds iD 8CCOIdaace with gaidcliDcL I plan, develop, implemmr, and dimct die meaill orga,ljzalional fimcIioDs while majntpjnjogDceded statistical daIa. I implement projects aDd persoooel OPPBgc.nenl deYelopmcDt by estabJisJriu& formulating, aDd preparing orpnizarional proccdmea forpenoDDCl ac:Uoas and ~ employees. I wrlteIset performance SIaDdards, instructiaos, procedures. aDd insure pcnmmel are adequately traiDecl fer theirjob. 11110189 to 6110192,. Hrs works: 56, Tmining Officer, Fire ml F..mcrgcncy SeIvices, COMFLEACT, yolmgJ1ca, Japm Supervisor: Gem: Carmody, 408-243-7351 (Japan) I developed aad obljl-aillCu a progressiYe tnrining program in an aspects at fire pm.renti.cmIprotectiou and performed as IeDior fire iDstmctor for an orpniDticmal perIOIJIId. I assessed the depatmellt needs. deYd.opecl traminS objectives/curriculum. and impIememedIccmducted the progmm tbroagh written. pmctica1, aad ami iJuitrucUoa.for the impmYeJDcn1 oflmowledgeiskilWabilities for all positiaas. I CMl1Datecl the scope, depth, SlId dfe<:aiveness ofthe 1rainiIIgprogram aDd. rtmmmended rerisioIl81 needed, aod developed lesion pIms for all fire service ujec:ts ioc1udiDg instructional ma1eJiaI translatian fromEnglish to Japanese~ [paepued the ammaJ tmiDing budget esDmatl'$ and iD5URd departmem compliaDce with requirc:mcms. I mIpODded to all fires aud r=1ated ~ to command firefighter opemtiaDs in :fire control, contaillJlJl7lt, extinguishment,. aad salvage at st:nK:tmcs, airaaft, ships, bazardoos materials. petroleum storageIhand1in 8"111""riiion stDm@eJbandIin. aDd wildlands incidems. EDUCATION: Santa ADa Comnumily CoD.cge, Total Credit boon eamed semester: 16, Earned Ce:rtificati TRAINING: 06101/1979 to present; I attend on a yeady basis em«gc:DCy scrvia:s COnfcrcDCCS and seminars inolder to maintain proficiency inaDd awm:uess ofstatc-af-tbc-art eqllil"l§d"lmetbods ofaccomplishing opcmtions. I have: 400+ brs ofHazan:lous MaIerials training. 60+ brs ofTotal Quality MaDagemaIl tmining. 80+ brs ofWldeI" Bam Oil Spill trainiIlg. 90+ hrs ofWeapous ofMass Destrudion taming and I haYc: iJuItnJded subordiDatea, pccr& and seniors in each ofthese are8S.. 134 Mar 14 2005 11:44AM DP~ DIRECTORS OFFICE 9(1" 428 1186 p.3 10111/1989 to preseIIt: I am extensively involwd wida plamring Army COJD1D1IDity CcmsttuetiOll projcas aDd special project dcvc1opmcut/manapmcm This is accomplisbed t1mJogh cooniioatian with other Govermnmt. pcnmmdIcrpniea1inns 8Dd.keepiDg fimctinr/bodgetiDgutilizaDona high priority to assure the fuDdiDg csfunatr$ are properly doc:umeuted and. DOl excceded. 10111/1989 to presem: I ~compiIe all associated couespoadeoce witboIII:tbe assistance atan actministratiOIl assistaotfor my orpnizatiODS. I use an office type equipment 10 accomplish 1besc tasks aod manage1hrougb. filiDg aud pbmJe use. 10/1111989 to pracat: I haw advaIIccd knowledge and c:xpczieDc:e with amtpJtas. I have llSCd both mM compatible and MaciDlnsh ~ Progmms iDcIudc: MS WordIExcelIPowerPoi.atIPublisberfOatlook, Internet Explorer aDd Netse:ape,. VUlIS programs, Wold PeIfect, Lotus, and many other pemonal prDgmmL I use. 1JoIj)1esboot. and. n:pair camputers, ~copiers, fax madrines. aod video equipment AWARDS: Awards I have mccived.: 11·2004 Cash Award. 10-2003 Quality step iIu...... 8-2002 Cash Awmd. 16-2001 Cash Award, 8-2000 Quality step iDczease. 2-1999 Quality step iD:rcase UCENSESfCERTII'ICATES: File Officer IV - Feb 1998 - DoD Certificatio:a. Fue Inspec::f01" m-I1Dl1995 - DoD Certifk:ation. Fire Instructor n Iun 1995 - DoD Certificatioo., HazMat IncidcDl a.uoaod - Aug 2000 - DoD Certification. HazMat Opemtioas Aug 2000 • DoD Certification OTllEllINI'OllMADON: I am a JIJeIDbcr rltbe JntmmrioIIa1 Association ofFire 0Iids (IAFC). NaIioDal Fire Protection Association (NFPA). NatiaDal Rifle Association Life Member, and life 1JleIDber oftbe Na'Yy/MarlDe Corps Fire PJotection Assocjarion (NavMarFPA). Evaluaticms have: been at the cxceptioDal1evel since arrival with the Army in 1997. -1' •• " .J." • 135 Position Description: Fire Chief - Nikiski Service Type: Administrative Definition: Under the general direction and supervision of the borough mayor or his designee with advice and recommendations from the Nikiski Fire Service Area Board, the NFSA fire chiefis responsible for the supervision and direction oftotal fire department activities including fire, medical, cold water, and hazardous material; budget development and implementation; personnel evaluations; fire prevention activities; arson investigation; enforcement of Uniform Fire Code; coordination of fire department functions with other governmental activities and public relations. Minimum Qualifications: A bachelor's degree or equivalent experience; ten years of increasingly responsible professional firefighting experience, seven years of which must have been as an officer substantially equivalent to the description of Fire Officer ill; NFPA No. 1021 (National Fire Protection Association). Administrative experience supervising personnel, budgets, and equipment; and a valid, umestricted Alaska driver's license. Essential Functions: 1. Plans and directs the total operation ofthe Nikiski Fire Department. 2. Supervises the development and implementation ofthe operations budget. 3. Supervises, through subordinate officers, the training ofboth paid and volunteer personneL 4. Through subordinate officers, directs the department's public relations efforts including campaigns to present the need for changes in laws and policies and to encourage fire prevention. 5. Assures that policies are developed to implement enforcement of the Uniform Fire Code through the Alaska State Fire Marshall. 6. Establishes procedures by which the department coordination with other governmental agencies is immediate and smooth, especially as it pertains to emergency situations and arson investigations. 7. Responsible for the review of all department personnel performance evaluations. Other Functions: 1. Other related duties as assigned. Physical Demands: While performing the duties of this job, the employee is frequently required to communicate orally; regularly required to sit; and occasionally required to use hands and fingers dexterously to operate office equipment, to stand, walk, and reach with hands and arms. Specific vision abilities required include close vision and the ability to adjust focus. Must pass physical agility test. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Examination: A physical examination is required. 136 Kenai Peninsula Borough Assembly Committees 2004-2005 ASSEMBLY COMMITTEES • Finance Committee Chris Moss, Chair SERVICE AREA BOARD LIAISONS Betty Glick, Vice Chair • Anchor Point Fire & EMS - Milli Martin Paul Fischer Bear Creek Fire - Ron Long CES/CPEMS - Paul Fischer Lands Committee Central Peninsula General Hospital Grace Merkes, Chair Grace Merkes Milli Martin, Vice Chair Kachemak Emergency Service Area Gary Superman Milli Martin KPBRoads • Legislative Committee Grace Merkes, Chris Moss, Paul Fischer Ron Long, Chair Nikiski Seniors - Gary Superman Gary Superman, Vice Chair Nikiski Fire - Gary Superman All Assembly Members North Peninsula Recreation -Gary Superman • South Peninsula Hospital - Chris Moss • Policies & Procedures Committee Dan Chay, Chair NON-BOROUGH COMMITTEES Ron Long, Vice Chair • Cook Inlet Aquaculture Pete Sprague Chris Moss Ron Long, Alternate President Pro Tern Chris Moss • Cook Inlet R.C.A.C. Grace Merkes, Term 02/08 OTHER BOROUGH & SCHOOL DISTRICT Dan Chay, Alternate COMMITTEES • KPB Emergency Planning • Economic Development District Betty Glick Ron Long, Term 12/31/07 Pete Sprague, Alternate Gary Superman, Term 12/31/05 Ed Oberts • Planning Commission Representative Dan Chay Kenai Peninsula College Council Gary Superman, Alternate Pete Sprague, Term Expires 06/30/08 School Board • Kenai River Special Management Area Paul Fischer Advisory Board Betty Glick, Alternate Pete Sprague Dan Chay, Alternate KBEA Health Care Grace Merkes • Prince William Sound R.C.A.C. Pete Sprague Blake Johnson, Term 01/08 Kenai Peninsula Schools Activities Assoc. • Arctic Winter Games Host Society Chris Moss Betty Glick Grace Merkes, Alternate S:\WPWIN\OATA\COMMITTE\04-0S Assembly Corrnnittee List."'lld