"Vt11tlJe with aPast, City with aFuture" 210 Fidalgo Avent.ie, Kerilai, Alaska 99611-7794

Telephone: (907) ?83-l535 / Fax: (907) 283-3014

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thecifyof KENAI. ALASKA

¥ June 20, 2008

Senator Toni Wagoner State of Alaska 145 Main Street Loop, Suite 226 Kenai, AK 99611

Dear Senator Wagoner:

Enclosed is a copy of City of Kenai Resolution No. 2008-39 strongly supporting the upgrade and improvement of Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway.

Resolution No. 2008-39 was considered and unanimously passed by the Kenai City Council at its June 18, 2008 meeting.

If you have any questions, please contact us at 283-8231 and thank you.

CITY OF KENAI

~x~ Carol L. Freas City Clerk

clf Enclosure Cc: Representative Kurt Olson

Representative Mike Chenault Representative Paul Seaton Kenai Peninsula Borough Cities of Seward, Soldotna and Homer Leo von Scheben, Commissioner, Department

Of Transportation & Public Facilities

Suggested by: Mayor Porter

CITY OF KENAI

RESOLUTION NO. 2008-39

A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, STRONGLY SUPPORTING THE UPGRADE AND IMPROVEMENT OF MILES 45-60 OF THE STERLING HIGHWAY AND MILES 18-26 OF THE SEWARD HIGHWAY.

WHEREAS, the Seward Highway was originally built in 1952 and the Mile 18-26 section has not received any improvements except for some blacktopping since that time; and,

WHEREAS, it has been well over twenty (20) years the Alaska Department of Transportation has been studying Mile 45-60 of the Sterling Highway; and,

WHEREAS, the repair and improvement of these roadways do not appear in the current Statewide Transportation Improvements Program (STIP); and,

WHEREAS, these sections of the Seward and Sterling Highways have been the scenes of many accidents, some causing minor injuries, far too many causing serious injuries, and deaths -- all devastating to families and friends of residents, as well as visitors to our Peninsula communities; and,

WHEREAS, these roads are critical to the economic welfare of all Peninsula communities, their businesses and residents; and,

WHEREAS, it is imperative improvements be made to these roadways' to prevent poor road maintenance conditions be a constant threat to our citizens' safety and lives.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, strongly support the upgrade and improvements to Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway and implore the Alaska Department of Transportation to move forward expediently to correct these long overdue crises.

PASSED BYTHE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2008.

~?cf?~ PAT PORTER, MAYOR

ATTEST:

~~~ Carol L. Freas, City Clerk

Council Agenda Statement

Meeting Date: June 23, 2008

From: Phillip Oates, City Manage~

Agenda Item: Sterling Highway Upgrade

BACKGROUND & JUSTIFICATION: The Sterling Highway is the only road that links western Kenai Peninsula communities (Kenai, Soldotna, and Homer) to the rest ofthe state. The scenic nature of the area, community growth, and world-class fishing on the Kenai and Russian rivers combine to create serious congestion problems for the highway from May through September.

In 1973, the ADOT&PF recognized that the Sterling Highway needed improvement and initially proposed to improve the highway between MP 37 and 60. In the early 1980s and again in the 1990s, ADOT&PF began the National Environmental Policy Act (NEPA) process to determine environmental impacts of proposed highway upgrades. A number of alternative routes were identified, but later rejected, for engineering, environmental, financial, and traffic constraint reasons.

ADOT&PF comp1eted upgrades ofthe MP 37 to 45 section in 2001, leaving the section from MP 45 to 60 as the only section of the highway not to see substantial improvement since it was first constructed. Since 1973, the Alaska Department of Transportation and Public Facilities (ADOT&PF) has recognized the need for improved safety and traffic flow along this highway to accommodate the increase in traffic generated by community growth and tourism. In 2008, the level ofcongestion has created substantial safety issues for highway travelers and residents, especially in areas where high-speed traffic conflicts with vehicles turning on and offthe highway. The increase in congestion has led to many deaths, severe and minor injuries and environmental spills. The City of Seward and the cities on the Kenai Peninsula Borough urge the State to make this project a high priority.

CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.

FISCAL NOTE: Approved by Finance Department _

RECOMMENDATION:

The City Council approves Resolution 2008-053 supporting the upgrade on the Sterling Highway (MP45-60) and supports the efforts of the Kenai Peninsula Cities to urge the State to make this a high safety priority and requests the mayor forward copies ofthis resolution to the Kenai Peninsula Borough Cities, the Governor ofAlaska, the Commissioner ofADOTIPF, and the Kenai Peninsula legislative delegation.

1.9

Sponsored by: Oates

CITY OF SEWARD, ALASKA RESOLUTION 2008-053

A RESOLUTION SUPPORTING THE UPGRADE OF A PIECE OF THE STERLING HIGHWAY (MILE 45-60) AND CREATING A COOPERATIVE EFFORT WITH THE KENAI PENINSULA CITIES TO PROVIDE ADDITIONAL SUPPORT FOR THIS UPGRADE AND REQUESTING THE STATE MAKE THIS A HIGH SAFETY PRIORITY FOR ADOT&PF

WHEREAS, the Sterling Highway is the only road that links western Kenai Peninsula communities (Kenai, Soldotna, and Homer) to the rest of the state; and

WHEREAS, the Sterling Highway from MP 45 to 60 follows the Kenai River valley through the Kenai Mountains; and

WHEREAS, the Kenai River, tributary creeks, and steep valley walls constrict the road through much ofthe project corridor; and

WHEREAS, the scenic nature of the area, community growth, and world-class fishing on the Kenai and Russian rivers combine to create serious congestion problems for the highway from May through September; and

WHEREAS, the precursor to the current Sterling Highway was built in the 1930s, connecting Cooper Landing to Kenai; and

WHEREAS, it was not until 1950, that the Sterling and Seward highways connected Homer and the other western Kenai Peninsula communities to Anchorage; and

WHEREAS, by 1973, the ADOT&PF recognized that the Sterling Highway needed improvement and initially proposed to improve the highway between MP 37 and 60; and

WHEREAS, in the early 1980s and again in the 1990s, ADOT&PF began the National Environmental Policy Act (NEPA) process to determine environmental impacts of proposed highway upgrades; and

WHEREAS, the 1994 NEPA resulted in a draft BIS; and

WHEREAS, a number of alternative routes were identified, but later rejected, for engineering, environmental, financial, and traffic constraint reasons; and

WHEREAS, ADOT&PF completed upgrades of the MP 37 to 45 section in 2001, leaving the section from MP 45 to 60 as the only section of the highway not to see substantial improvement since it was first constructed; and

WHEREAS, the current NEPA process for the highway between MP 45 and 60 was initiated in 2000, with the purpose of supplementing the 1994 Draft Environmental Impact Statement for MP 37 to 60; and

CITY OF SEWARD, ALASKA RESOLUTION 2008-053

WHEREAS, ADOT&PF contracted with HDR Alaska, Inc. (HDR) to prepare a ...J Supplemental Environmental Impact Statement (SEIS) that will again examine alternatives for improvements to the Sterling Highway between mileposts (MP) 45 and 60; and

WHEREAS, since 1973, the Alaska Department of Transportation and Public Facilities (ADOT&PF) has recognized the need for improved safety and traffic flow along this highway to accommodate the increase in traffic generated by community growth and tourism; and

WHEREAS, in 2008, the level of congestion has created substantial safety issues for highway travelers and residents, especially in areas where high-speed traffic conflicts with vehicles turning on and off the highway; and

WHEREAS, the increase in congestion has led to many deaths and severe injuries; and

WHEREAS, the Sterling Highway from MP 45 to 60 serves as the thoroughfare for an increasing number of daily deliveries by truck of hazardous material and toxic chemicals that pose grave threats to the environment during spills~eS'6lting from vehicle accidents; and

'0.

WHEREAS, the City of Seward, the Kenai Peninsula Borough and the cities J within the Kenai Peninsula Borough urge the State to make this project a high priority.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA:

Section 1. The City of Seward strongly supports the upgrade on the Sterling Highway (MP45-60) and supports the efforts of the Kenai Peninsula Borough and the cities within the Kenai Peninsula to urge the State to make this a high safety priority.

Section 2. Requests the mayor forward copies of this resolution to the Kenai Peninsula Borough Cities, the Governor of Alaska, the Commissioner of ADOTIPF, and the Kenai Peninsula legislative delegation.

Section 3. This resolution shall take affect immediately upon its adoption.

PASSED AND APPROVED by the City Council of the City of Seward, Alaska, and this 23rd day of June, 2008.

CITY OF SEWARD, ALASKA RESOLUTION 2008·053

THE CITY OF SEWARD, ALASKA

AYES: Dunham, Valdatta, Bardarson, Amberg, Kellar, Corbridge NOES: None ABSENT: Smith ABSTAIN: None

ATTEST:

(City Seal)

Suggested by: Mayor Porter

CITY OF KENAI

RESOLUTION NO. 2008-39

A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, STRONGLY SUPPORTING THE UPGRADE AND IMPROVEMENT OF MILES 45-60 OF THE STERLING HIGHWAY AND MILES 18-26 OF THE SEWARD HIGHWAY.

WHEREAS, the Seward Highway was originally built in 1952 and the Mile 18-26 section has not received any improvements except for some blacktopping since that time; and,

WHEREAS, it has been well over twenty (20) years the Alaska Department of Transportation has been studying Mile 45-60 of the Sterling Highway; and,

WHEREAS, the repair and improvement of these roadways do not appear in the current Statewide Transportation Improvements Program (STIP); and,

WHEREAS, these sections of the Seward and Sterling Highways have been the scenes of many accidents, some causing minor injuries, far too many causing serious injuries, and deaths -- all devastating to families and friends of residents, as well as visitors to our Peninsula communities; and,

WHEREAS, these roads are critical to the economic welfare of all Peninsula communities, their businesses and residents; and,

WHEREAS, it is imperative improvements be made to these roadways' to prevent poor road maintenance conditions be a constant threat to our citizens' safety and lives.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, strongly support the upgrade and improvements to Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway and implore the Alaska Department of Transportation to move forward expediently to correct these long overdue crises.

PASSED BY-THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2008.

PAT PORTER, MAYOR

ATTEST:

Carol L. Freas, City Clerk

adn.com--------­Anc:ho..- bliJN Newt

Truck turnover, spill close Sterling Highway FERTILIZER: Urea dissolves in slough; diesel goes into river.

By LISA DEMER Idemer@adn.com

(05/24/0801:00:27)

A stretch of the Sterling Highway was closed Friday while crews assessed the wreckage of an overturned tractor trailer hauling fertilizer. The load spilled near the Kenai River.

Alaska State Troopers later reopened the highway to one lane of traffic and estimated it would be completely cleared by 9 p.m. Friday, assuming the crushed tractor trailer could be hauled away by then.

There were some environmental concerns about the fertilizer going into the Kenai River, but that appeared not to be a problem, officials said.

The affected stretch of highway was just south of the Russian River Ferry between Mile 57 and Mile 59.

Memorial Day weekend traffic is typically heavy on the Kenai Peninsula as Anchorage residents head south for what's often their first big getaway of the season.

Troopers got their first calls about the truck overturning in a ditch around 10:49 Friday morning, spokeswoman Megan Peters said.

The driver received minor injuries and was transported for medical attention, according to a state Department of Environmental Conservation situation report.

The double rig -- a side-dump tractor pulling a pup trailer -- spilled its load of 48,300 pounds of urea that came from the Agrium plant in Nikiski, according to the DEC.

Urea is a nitrogen-containing chemical product that is highly soluble, making it a good fertilizer. Some diesel fuel also spilled.

Almost all the fertilizer pellets went into a slough in a wetlands area that feeds into the Kenai River, said Leslie Pearson, DEC program manager for prevention and emergency response. A beaver dam was containing it and also may keep fish fry away.

The large amount of fertilizer spilled by the trucker initially concerned the DEC, but it appears the material is dissolving and may not create much problem, Pearson said.

"When our responder got on site about 2 o'clock, he said about the only remaining amount was a wheelbarrow load of urea. So it's dissolved really qUickly. Really not much for cleanup action," she said.

The fertilizer may just wash away if it gets into the Kenai River. But it could create some localized problems in the slough by spurring growth of algae and choking out other life, including Dolly Varden or trout fry, Pearson said.

Plus, urea breaks down into nitrates and ammonia, which can be toxic to wildlife in high concentrations.

The state also is assessing how much diesel may have spilled into the river. Troopers noticed a sheen on the water when they first got there.

The truck tank still held about 160 gallons, Pearson said.

DEC will collect water samples to assess the situation, she said.

The private Kenai Watershed Forum, which monitors water quality on the Kenai, also plans to check out the spill, said Robert Ruffner, forum executive director.

Troopers are investigating the cause of the wreck.

-~_..__.------ ­Find Lisa Demer online at adn.com/contact/ldemer or call 257-4390.

Copyright © Wed Jun 25 14:41:42 UTC-0800 20081900 The Anchorage Daily News (www.adn.com)

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RECEIVEDMayor Pat Porter 210 Fidalgo Ave. Kenai, AK 99611 JUN - 9' 2008

KENAI CITY CLERK Dear Mayor Porter

I am writing to you to ask for your help to address what I believe to be a very serious problem facing Kenai Peninsula residents and visitors to our communities.

On April 23rd I was driving the Sterling Highway and came upon the tractor trailer accident covered on the news. The accident was along the Kenai River, just past the Russian River area. LUCKILY the load the truck was carrying was urea and mostly nitrates. The urea spill when mixed with the slough water quickly dissipated without much damage, if any, to the river and its residents. But SUPPOSE it had been a load of heavy oil, toxic chemicals, diesel, gasoline, or any other of the highly toxic loads that travel over our highways every day?

As I watched the frantic work of the rescuers to get the driver out, I wondered if the load was flammable and could be potentially more dangerous than the situation appeared. Luckily the truck driver survived and was taken from the wreckage and treated. It is a wonder that he did survive from the looks of the wreck.

I have been looking over some of the publications issued by D.O.T. over the years, and find it has been well over twenty years that they have been studying the upgrade of this piece of road (mile 45-60). It doesn't even show as moving forward and

.. ' doesn't even appear in the present STIP plan. Each year there are more accidents. ,Residents of the Peninsula, as well as our visitors, have died on this piece of road. More

f.will most certainly die in the future if this serious problem is not solved. I have a personal interest in this stretch of road. Twelve years ago on Christmas Eve, my . daughter and her family were hit head-on by an unlicensed and··uninsured driver on the blind comer there by Gwin's Lodge. The only improvement the state has made on that comer has been installing a flashing yellow caution light. Accidents continue to happen on that corner. Will it take a busload of school children injured or even dying to finally impress upon the state that it must act?

Further, the road is critical to the economic welfare of all our communities; businesses, sportsmen and residents. The time has come for our cities to take a united stand and demand that something be done about this constant threat to our lives and safety. The other issue of course is the well being of our very important Kenai River, before the next loaded tanker dumps into it something more deadly than the nitrates this truck was carrying. There are dozens of them on this road every day!

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Bypass will wait longer, officials say

COOPER LANDING: Project is meant to straighten highway.

By BRANDON LOOMIS bloomis@adn.com

Published: September 8, 2007 Last Modified: September 8, 2007 at 03:20 AM

Some Cooper Landing residents and Sterling Highway motorists have waited decades for a promised bypass to straighten the highway and speed traffic, and state officials say new federal funding realities probably mean they'll continue to wait years more.

The project, for which the state is completing an environmental study this fall, has dropped off the state's transportation improvement plan. State officials say that doesn't mean it's disappearing, but that a plan that once listed essentially a 20-year wish list now sticks to the projects that are ready to go once funding is allocated.

With Alaska's take of federal highway dollars expected to crash by up to 25 percent in 2009, there's no telling when crews will start moving rock for the upper Kenai River valley project, said Jeff Ottesen, director of program development for the Alaska Department of Transportation and Public Facilities.

"The funding for all our projects is getting murkier. That's a given," he said.

PRIORITIES QUESTIONED

What's clear, though, is that former Gov. Frank Murkowski directed $90 million in federal funds toward the Knik Arm and Gravina Island bridge projects, and Ottesen said about $70 million of that remains. Legislators including Rep. Paul Seaton, R-Homer, question whether those projects will be built and say the money should be freed up for Cooper Landing and other priorities.

Seaton addressed the issue in his Aug. 31 newsletter to constituents, and in a later interview said he's disappointed that the bypass is no longer listed on the state's plan while the bridges continue to get study funds with no assurance there will ever be enough money to build them.

"Those two bridge projects are tying up a lot of funds for other projects," Seaton said. "I don't think either one is economically viable."

Cooper Landing is just one of Southcentral's languishing highway needs, he said. But with the high level of visitor traffic that rolls down the Sterling, it's a priority for more than just the locals.

"It's a very important project, not only from the Peninsula point of view but from the standpoint of a lot ofpeopIe coming from Anchorage, in terms of safety."

The Sterling slows from 55 mph to a posted limit of 35 and curves along foothill walls and the river at Cooper Landing, a recreational outpost with fewer than 350 residents and the gateway to Soldotna, Kenai and Homer.

Ottesen acknowledged the calls for dispersing the bridge projects funding to other projects, but said it would give Alaska a "black eye" to shift the funds at the same time that the state is soliciting private firms to consider running a toll bridge at Knik Arm. And with Cooper Landing's bypass cost estimated at up to $140 million, he said, even shifting all of the remaining bridge funds to that one project would leave a 50 percent shortfall.

All states are expecting highway budget issues beginning in 2009 as the federal highway fund is overtaxed, Ottesen said. In Alaska's case it could mean shaving $50 million from the current $200 million in annual federal highway funds.

The Cooper Landing bypass remains on the state's horizon, he said, but even with current funding levels it would only be eon the list ofpriorities for the department's Southcentral region. Among those that top it are Anchorage's highway-to-highway connector and the New Seward Highway from Rabbit Creek to 36th Avenue.

Cooper Landing residents have learned to expect delays, and take the uncertainty as a given.

"They've been studying it for 20 years," said CheryIe James, who owns a Cooper Landing store with her husband Jerry and heads the area's small chamber of commerce. "Jerry and I have always said it'll never happen. They'll send the money to the Knik Arm bridge or something else."

It would be nice if the state completed at least part of the plan, such as straightening the tight comer by Gwin's Lodge, she said. But she expects the funding problems will push any action well into the future.

"This just sort of confirms that we'll be dead and buried before it happens," she said.

Find Brandon Loomis online at adn.com/contactlbloomis or call the newspaper's Soldotna

bureau at 907-260-5215, ext. 24.