M E M O R A N D U M

TO: Ronald Wm. Drathman, Assembly President

Kenai Peninsula Borough Assembly Members

THRU: Mike Navarre, Borough Mayor

FROM: Lisa Parker, Planning Director

DATE: July 26, 1999

SUBJECT: Resolution 99-061: Providing for the Nomination of Certain Land for Conveyance from the State of Alaska to the Borough Pursuant to the Municipal Entitlement Act

The Kenai Peninsula Borough has a remaining municipal land entitlement of 44,000 acres. The Planning Department used an inventory of State land provided by the draft 1998 Kenai Area Plan to identify priority land selection. Resolution 99-061 is the land approved by the Planning Commission with the following exceptions:

40 acres around Centennial Lake Park is removed;

a 200 acre unit is added in the Kachemak Bay APC;

a 520 acre unit added in the Anchor Point APC;

Units 210 and 211 are removed for future discussion with Kachemak Bay Advisory Planning Commission;

Unit 209 is reduced in size to exclude an important recreational ski use area;

Unit 164 is reduced to 90 acres;

Unit 165 at Salmo Lake is reduced to 220;

Unit 214 is reduced to 30 acres after discussion with Division of Parks; and

Unit 95 is removed after discussion with the Director of Parks

The following change is recommended as a result of a meeting with the Kachemak Bay APC:

Change the third description of selection 99-2 (page 4) from S1/2SW1/4 to Land north of Ohlson Mountain Road and land in ADL 74466 on the west 400 feet, S1/2SW1/4. Delete N1/2, N1/2SE1/4, SW1/4, Section 23, NW1/4, SE1/4, S1/2NE1/4, Section 26, NE1/4NE1/4, Section 35,T5S, R13W, S.M.

The land selection is about 21,000 acres. This includes 2,563 acres of school land which may be denied by the State.

Assembly approval by resolution is required for acquisition of land under the municipal entitlement provided by Alaska law. (KPB 17.10.030(C)(6)). Approval of this resolution will allow the nomination of the described land by KPB for land selection under AS 29.65. The future disposition of this nomination is determined by AS 29.65.050(C):

"The director shall approve or disapprove each selection for patent within nine months of its selection by a municipality. Before a decision is issued the Department of Community and Regional Affairs shall review the selection and recommend approval or disapproval of it. The director may disapprove a selection only upon a finding that the public interest in retaining state ownership of the land outweighs the municipality's interest in obtaining the land. If the director determines that the public interest in land selected in satisfaction of an entitlement under AS 29.65.010(a)(13) can be adequately protected by issuing a patent that is subject to stipulations, conditions, or covenants, and if the municipality agrees to accept the land subject to those stipulations, conditions, or covenants, the director may approve a selection that would otherwise be disapproved and may issue the patent with the stipulations, conditions, or covenants agreed to by the municipality. A patent shall be issued to the municipality for land selected in satisfaction of a general grant land entitlement vested under AS 29.65.010--29.65.030 within three months after approval by the director of a plat of survey."

A map identifying these selections will be provided at the assembly meeting.