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HomeMy WebLinkAbout1980-12-03 Council PacketCOUNCIL PACKETS DECEMBER Kenai City Council Meeting Packet December 3, 1980 AOENOA } � �NN,����tW!wwJl���YUIL #EOUL•AAMt�tgp . . B. PUBf�tjbF�IIRI"N�rr ,• � T� iN�irieRdNbq=lnarN�itrigRw/Appn•N/w' _ �rbJ�tFuid,�nff�Nd"W,1it�►+iY�O$�wMt ,;_ `3.;!?rbinir�gq:Ir�crWt"tnpRwl •n�#dd1;, ;' .. ,..l�oh+it t7w�k1►o, pottc� Dept. •.¢0 , _ , �;� �. ':,', -- '. f` l� 1 R«Nw_�IostlQuorucet�be Ttt�titp - - -_ • -5 RfrKiYalOstl4uorkkinea Foodto�rnl.IgiHir$tor� ^.:�Qontracttgrfidm�nisfra�il! �' .. ,., `�Mf4CitylO,'BwH) � - i�,N�Ml6lJSIN�. •� � ii/Qktt101t�ai�=�t�rlCfol3►�nt,= ++s Tnathr�mPt�nfQUttpgCot�uohpo; ReiolutOOwef�Aut &I1v 0-1 W:.tMro fywisnib ora Poltc�Pfi{rol8fatior�{iYarpon-., J W.;h ;W F'trod 14MM S ;P40 , �rRayrect.kyt�olr J • 1 -A 8 AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 3, 1980 l f"� PLEDGE OF ALLEGIANCE A. ROLL CALL Nµ r r- n-.,` iJ a. � 5 b, rn 2 w. p � � '�. " { -1 W u r Ic ♦ � s i p v AGENDA APPROVAL B. PUBLIC HEARINGS B • fOrdinance 612-80 - Sale of City Lands Increasing Ordinance 628-80 - A - .. g Rev / PPns New Capital Project Fund Entitled "Water and Sewer Section 36" - $750,000 ,.` ✓�. Ordinance 629-80 - Increasing Rev/Appns - Additional Overtime, Police Dept. - $9,446 4. Renewal of Liquor License - The Rig -- - x - 5. Renewal of Liquor Licnse - Foodtown Liquor Store -- -fax C. PERSONS PRESENT SCHEDULED TO BE HEARD D. MINUTES 1. Partial Translation - Regular Meeting - Nov. 5, 1980 2. Partial Translation - Regular Meeting - Nov. 19, 1980 E. CORRESPONDENCE F. OLD BUSINESS 1. Harbor Site Acquisition Proposal 2. Contract for Administrative Coordinator (Borough/City, City/G. Davis) G. NEW BUSINESS 1 Bills to be Paid, Bills to be Ratified Ordinance 630-80 - Increasing Rev/Appns ��-- ;;:._ General Fund Budget - Provide Monies forVr Site Acquisition for Small Boat Harbor - $25,000 �3. Ordinance 631-80 - Appropriating Money for Land Management Services - $17,500 i r --✓. Resolution 80-166 - Acceptance of Grant - -==r !. Sewer Treatment Plant Outfall Construction - $81,675 :'..1:. ) ✓�. Resolution 80-167 - Authorizing Award of Bids, Two Police Cars, One Police Patrol Station { a Wagon - Peninsula Ford V 1 13 V16. CH2M Hill - Sewage Project Report #19 $20,400 -J':.� ✓7. Dowling/Rice & Assoc. - Youth Center $3,193-130 4�110 Alaska Boiler & Heat Exchange Lube Facility and Addition to Shop Building Final Payment $16,795 Kenai Peninsula Community Care Center Payment 1( $29,503 OMNI North - City Hall, Payment - $99,124.50 A0• ll. Blazy Const. - Youth Center - $57,803.13 12. Carmen Gintoli - Contract for Cultural Facility a. Contract Bill - $2,000 13. Homer Electric - Underground Power Lines on Frontage Road 14. Quality Asphalt Fidalgo S/D $55,541.40 H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 5. Finance Director 6. Planning & Zoning 7. Harbor Commission PERSONS PRESENT NOT SCHEDULED To BE HEARD ADJOURNMENT • rl r 0 CITY OF KENAI ORDINANCE N0, 612-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING RMC 22.05.060 AND AMENDING KMC 21, KMC 22.05, AND KMC 9.30 TO PROVIDE FOR THE SALE OF CITY LANDS, TO ALLOW NEGOTIATED SALES AT APPRAISED MARKET VALUE, PROVIDING FOR TERMS AND CONDITIONS OF SAID SALES, PROVIDING FOR CITY FINANCING OF SAID SALES BY ACCEPTING NOTES SECURED BY DEEDS OF TRUST FOR A PORTION OF THE SALES PRICES THEREOF, AND PROVIDING FOR INVESTMENTS OF THE PRINCIPAL PROCEEDS FROM THE SALE OF AIRPORT LANDS. i I WHEREAS, the City has airport lands not devoted to airport uses which may be sold and other lands which may be sold in addition to lands received from tax foreclosures, and WHEREAS, it is desirable to sell these lands so they can be put y to private use, so that the tax roles of the City will be expanded, so that the City will obtain funds to advance City projects, and also so that funds from the sale of airport lands can be devoted to investments to secure income for airport development and operations, and - I f. WHEREAS, it is desirable to provide by ordinance for a program of a land sales so that such sales can be promoted and the above i purposes accomplished, and ;Y WHEREAS, in order to facilitate such sales and advance the program, it is felt desirable that terms be provided for the sales of such lands so that the City will carry notes secured by Deed of Trust for a portion of the purchase price thereof, and WHEREAS, the City Council desires to set policies to initiate a program to encourage the sales of all City lands not set aside for a public purpose, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: KMC 22.05.060 is hereby repealed. Section ?: That KMC 22.05.010 is hereby amended as follows: 1 1 022,05,010 power to Dispose of Real Property: The City may sell, convey, exchange, transfer, donate, dedicate, direct or assign to use, or otherwise dispose of City -owned real property, including property acquired, held for or devoted to a public use, only in accordance with this chapter, and, with respect to properties acquired through foreclosure for taxes, in compliance with those terms and provisions of AS 29.53.360-385 which home -rule municipalities are required to comply with. Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are = [NO LONGER] required for a public [MUNICIPAL] purpose IS]." section 3: That RMC 22.05.030 is hereby repealed and re-enacted to read as follows: 022.05.030 fiAlR: (a) All lands to which the City of Kenai holds title which are not restricted from sale by the Deed of Conveyance to the City, or which have been released from such restrictions, which the City Council has determined are not required for A [MUNICIPAL OR OTHER] public purpose[SI, shall be listed for sale by the City Manager, except that lands which have been leased and have substantial improvements constructed thereon shall not be sold unless the Lessee has made a written request to the City to place the land for sale. '(b) Such sale may be made at not less than the fair market value set by an independent appraiser within six months prior to the date of filing of application for sale or the date of the offer or advertisement for sale (whichever first occurs), either, at the option of the City Managers 01. By negotiated sale, or "2. By outcry auction to the highest responsible bidder, or -3. By competitive sealed bids to the highest responsible bidder." Section 4s That KMC 22.05.040 is repealed and re-enacted to read as follows: 2 "t 1' 022.05.040 Sale Procedures (a) If the land to be sold has not been appraised by a qualified appraiser within six i months of application for sale or the date of the offer or advertisement of land for sale (whichever first occurs), �- then the City Manager will obtain such an appraisal for a i determination of the minimum price on said land. "(b) Where any party, hereinafter called "Applicant," requests that a tract or tracts of land be sold for which an appraisal will be required, which will require subdividing, platting, or surveying and staking, or which will require advertising or incurring any other expenditures by the City prior to sale, 10(1) No actions in preparation for sale will be taken by the City until an agreement to purchase shall be properly executed and filed with the City Manager for the purchase of such land with payment of sufficient good faith deposit (which shall consist of cash or its equivalent deposited with the real estate broker, if any, and if none with the Ji Finance Officer of the City of Kenai, as may be determined by the City Manager, to cover all expenses of the City if the applicant subsequently fails to bid or buy the land and the land is not sold, and such agreement to purchase shall further contain the agreement by applicant to pay any additional costs if said good faith deposit is insufficient to pay all costs incurred by the City. "(2) If at any time during the process of preparing for sale, the applicant gives notice to the City Manager of withdrawal of the request for sale, the City Manager shall stop all procedures, shall pay expenses incurred prior to termination of sale procedures, and shall reimburse applicant for any good faith deposit advanced in excess of all expenses incurred. (However, if another party desires 4 the sale to proceed, files an application for sale, executes and files an agreement to purchase, and advances sufficient funds therefor, then the prior applicant will be reimbursed for expenses charged which can be attributed to the subsequent applicant.) ' 1 "(3) If all actions necessary for preparation for sale have been accomplished, and if neither the applicant nor any 3 - - other party purchases said land when first offered for sale after such request, then all expenses incurred in preparation for the sale will be paid from the good faith deposit, and the balance, if any, shall be returned to the applicant. If the sums advanced as good faith deposit are insufficient to pay all of the costs, the applicant will be billed for.the balance due and normal collection procedures followed. "(4) If the land applied for is sold on public sale set in response to such request to anyone other than applicant, then on closing of said sale the good faith deposit will be refunded in total to the applicant. "(5) If the land in question is sold to applicant, the good faith deposit advanced will be applied on the payment due at closing. "(c) If the City Manager knows of no competitive interest in the purchase of the tract of land proposed to be sold, he may negotiate the sale of said land 2nly after a one time publication in a newspaper of general circulation within the City of a notice that it is his intent to sell said tract (giving the legal description thereof) by negotiated sale unless he receives notice of interest to purchase said tract from other parties within seven days after the date of publication of said notice. "(d) If it appears to the City Manager that more than one party might be interested in the purchase of the tract proposed to be sold, or if after publishing notice of negotiated sale, the City Manager receives notice from other parties of interest therein, then the City Manager shall put the tract or tracts of land up for sale, at his option, either by outcry auction or by competitive sealed bids. If the tract or tracts are to be put up for such competitive auction or sealed bid sale, notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sale; such notice shall also be posted in at least 3 public places within the City at least 30 days prior to the date of sale, and such other notice may be given by such other means as may be considered advisable by the City 4 r- 1: r l...'.i sue, r•%� .. -,. ...�.•._� � _. Manager. Said notice must contains "(1) the legal description of the land, "(2) a brief physical description of the land, "(3) the area and general location of the land, "(4) the minimum acceptable offer for the land (which shall be its appraised fair market value), "(5) the terms under which the land will be sold, NO any limitations on the sale of said land, "(7) the time and place set for the auction or bid opening, NO any other matters concerning the sale of which the City Manager believes the public should be informed. "(e) If no offers are submitted meeting the minimum acceptable offer (or appraised valuation), the City Manager may negotiate for sale of said tract or tracts of land with J; a modification of proposed terms or for less than the appraised valuation provided that no such negotiated sale for less than appraised value shall be binding upon the City unless the terms and price therein are approved by resolution of the City Council. "(f) Where a real estate agent furnishes a buyer or grantee for City land, the closing agent shall be authorized to pay to said agent a real estate commission not to exceed 10% of the purchase price for the land or 10% of the appraised fair market value of the land, whichever is higher, under the following terms and conditions: "(1) The City Manager may grant exclusive listings of # one or more parcels of land to one or more real estate brokers with the real estate commission set forth to be divided in accordance with normal practices of real estate _ brokers in the event that sale or conveyance is consummated. "(2) If a parcel of land not subject to exclusive 5 I i i i 4 listing as set forth above is sold to a buyer furnished by a real estate agent, whether on negotiated sale or after a public sale, then the authorized real estate commission will be paid to the real estate agent furnishing said buyer by the closing agent on closing the transaction. "(3) If a parcel of land not subject to an exclusive listing as set forth above is sold at public sale, and the applicant who instigated procedures for such public sale was furnished by a real estate agent, and the buyer at said public sale was a different party furnished by a different real estate agent, then on closing of the transaction the closing agent shall be authorized to pay the real estate commission set herein to the real estate agents concerned, divided in accordance with normal real estate practice as though the real estate agent furnishing the applicant had been granted a listing to the property and the real estate agent furnishing the ultimate buyer had furnished the buyer of the property. "(g) Closing of sale of City lands shall be handled by a title or escrow company within the City which specializes in closing of real estate sales. "(h) Conveyance of City lands shall be by quit claim deed furnished by the City, and buyers are advised that all such conveyances are subject to all liens, encumbrances, restrictions, and covenants of record and are specifically, without being limited thereto, subject to any unreleased restrictions contained in the deed or deeds by which the City receive title to the land. "(i) If a buyer desires to obtain a preliminary commitment for title insurance or title insurance to the land, then it shall be the responsibility of the buyer to obtain such commitment or insurance and to pay for the same. "(j) Except furnishing of the quit claim deed to the tract or tracts of land sold, all closing costs shall be borne by buyer. "(k) If the tract or tracts of land are sold under terms by which the City is to accept a note as a portion of the purchase price, the note and accompanying deed of trust must 6 • G w be prepared by an attorney at the expense of the buyer, but must be approved by the City Attorney prior to closing. 8(1) Said note shall be placed for collection with a bank selected by the City Manager, which may be changed from time to time, and which shall be the bank in which City funds are deposited, and the buyer shall pay the set up fee and annual collection fees for such bank collection." Section 5: That the Kenai Municipal Code is hereby amended by adding a new section to be numbered KMC 22.05.045 which shall read as follows: 022.05.045 Terms For Financing Sale of City Landss (a) In order to expedite and facilitate the sale of City lands, the City Manager is hereby authorized to accept terms for such sales and may accept a note secured by a deed of trust for a portion of the purchase price thereof. In this event the down payment required shall be determined by the City Manager, but shall not be less than 15% of the sales price. "(b) if the City Manager determines that it is in the City's interest to accept a note for partial payment for sale of lands, such note shall be secured by a deed of trust to the lands purchased, and shall carry terms as follows: "(1) The term of such note may be set by the City Manager, but it shall not exceed 20 years unless a longer period for a specific sale of land is approved by resolution of the City Council. "(2) Such note shall bear interest at a rate to be determined by the City Council by resolution." Section 6: That KMC 7.30.030 is hereby amended as follows: 07.30.030 Airport Land Revenue Fund Account: JAI That there be and is hereby created a special account of the City to be known as the Airport Land Revenue Fund Account (hereinbefore defined as the "Land Fund Account.") ".Ul The City hereby covenants and agrees that all income and revenues arising from the rental, lease, or 7 0 r i 0 interest on notes from sale of the lands in the Airport Land System shall be deposited to the credit of said account and held in the custody of the Treasurer of the City separate and apart from all other funds. Such Land Fund Account shall be maintained [FOR AS LONG AS ANY OF THE BONDS AND ANY PARITY BONDS ARE OUTSTANDING] in a bank which is a member of the Federal Deposit Insurance Corporation for as long as any of the Bonds and any Parity Bonds are outstanding. and shall be expended and used by the City only for the purposes and in the order hereinafter specified. "(2) Current expenses of the Airport Land System shall be payable as a first charge from the Land Fund Account as the same become due and payable. Current expenses of the Airport Land System shall include all necessary operating expenses, current maintenance charges, expenses of reasonable upkeep and repairs, and all other expenses incident to the operation of the Airport Land System, but shall exclude depreciation and all general administrative expenses of the City. "It.% onu- - iw Aw..-u.. "Airport Investment Reserve"s " 8 I "Section 7s That KMC 22,05.090 2 is hereby amended as follows: "2. [TAX FORECLOSED PROPERTIES] proverties conveyed to the City by tax -foreclosure and not required for public purpose Ah= [MAY] be sold pursuant to the provisions of this section KMC 22 05 030, 040. 045, and 100, and AS 29,53,370 - 385. Before the sale of tax -foreclosed property held for a public purpose, Council, by ordinance, shall determine that a public need does not exist. The ordinance shall contain the information required in 1 of this section." Section 8s That the Kenai Municipal Code is hereby amended by adding a new section to be numbered KMC 22.05.025 which shall read as follows: 022.05.025 Conveyance to Encourage New Industrial Entergrises: (a) Notwithstanding any other provisions of this chapter, where it is found that encouragement of a new industrial enterprise would increase the economic stability of the City of Kenai and would be beneficial to the City of Kenai, the City Council by resolution so finding may direct conveyance of one or more parcels of City land by the City Manager to such industrial enterprise upon such terms as to price, conditions of conveyance, and with such contingencies as may be set forth in said resolution. "(b) In the event the land directed to be conveyed under sub -section (a) above consists in part or in whole of airport lands, then the resolution ordering its conveyance will not be effective until the City Council by ordinance 9 ,0 has appropriated from the general fund to be dedicated to the Airport Investment Reserve the difference between the appraised fair market value of said airport lands and the purchase price, if any, set forth in said resolution." PASSED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, this 3rd day of December, 19S0. VINCENT O'REILLY, MAYOR n • f +Ii it 1 J 1 7 � 5. Amend paraZraph (K) to read: "Said note shall be placed for collection with a bank selected by the City Manager, which may be changed from time to time, and which shall be the bank in which City funds are deposited. The set up fee to initiate collection may be negotiated as specified in K.IS.C. 22.05.045 (b) (3), and the buyer shall pay the annual collection fee for such bank collection." I i i Add into 22.05.040 (f) after the words "the purchase price for the y' land or" in the 4th sentence "in the event of a sale negotiated under r K.I•:.C. 22.05.025 (a)." y t - 11 I� I 1 1 1 1 0 C.LTY OF RENAI ORDINANCE NO. 628-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF RENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $750,000 IN A NEW CAPITAL PROJECT FUND ENTITLED °WATER AND SEWER, SECTION 36." WHEREAS, the State of Alaska has awarded to the City of Kenai a grant in the amount of $750,000 for construction of water and sewer facilities, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, that the following increases in estimated revenues and appropriations be wades Water and Sewer. Section 36 Increase Estimated Revenues: State Grant �4 J Increase Appropriations: Administration $ 3,000 Inspection $ 50,000 Construction $622,000 Contingency 8 751,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of December, 1980. ,t VINCENT O'REILLY, MAYOR ' ATTEST: Janet Whelan, City Clerk First Readings November 19, 1980 Second Reading: December 3, 1980 Effective Date: December 3, 1980 101 CITY OF KENAI ORDINANCE NO, 629-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 GENERAL FUND BUDGET BY $9,446 FOR ADDITIONAL OVERTIME IN THE POLICE DEPARTMENT. WHEREAS, as a result of providing security for Wien Air Alaska at the Kenai Municipal Airport, the Police Department has incurred overtime charges in excess of their 1980-81 annual budget, and WHEREAS, it was anticipated that expenditures in the Police Department overtime account would have to be replenished by appropriating monies from the Wien Security revenue account, and WHEREAS, the Police Department is requesting these monies be made available for overtime, and WHEREAS, Wien Air Alaska has been billed, and has paid, for this security provided, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations in the 1980-81 General Fund Budget be increased as follows: Increase Estimated Revenues: Security Charges $9,0446 Increase Appropriations: Police -Overtime $7,557 Police -FICA 567 Police-PERS 756 Police -Workmen's Compensation Insurance 566 S9,446 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of December, 1980. ATTEST: Janet Whelan, City Clerk Approved by Finance: ff?,Aj VINCENT O'REILLY, MAYOR First Reading: November 19, 1980 Second Reading: December 3, 1980 Effective Date: December 3, 1980 i�E�E1VED 6Y C TV I t Y NFP KZNAI T ON r � I '0: Bill Brighton, City Manager *ROM: Richard Ross, Chief of Police >UBJECT: Overtime in Police Budget )ATE: 11/7/80 tequest transfer of funds from Wien Airport Security revenue account to Police Overtime. Present funds in Police Overtime account are insufficient to cover known overtime needs through December 31, 1980. Deficiency in the account is primarily the result of llien Security overtime. It is anticipated, based on projected flight scheduling, that future transfers will also be necessary. Y, t Ri haW%A. Ross RAR/lo r . S:! ct_ ` drsMOM=, SPYBM DEPARTNE� ALCOWL/C 11T OF REVENUE ?Of EAST 9TH. AVENUE SEVERAGEGnMROL BOARD ANCHORAGE, ALASKA 995011 November 17, 1980 Janet Whelan 'L City Cl erk *OG FQ City of * Kenai j? P.O. Box 580 Kenai, Alaska 99611 Dear Ms. Whelan We are in receipt of the following application(s) for renewal of a liquor license(s) within the City of Kenai You are being notified as required by AS 04.11.520. BEVERAGE DISPENSARY The Rig Bar .You may protest the approval of the application pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If you file a protest, the board G ��-��__--___ __-_�---T� � ,_ _ ____ ___-- � ti►- -. -- _ r -..� � __ T �--- --�- _'mow_ - -2- will not approve the application unless it finds that the protest is arbi- trary, capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, YOU MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) munici- palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. If If a municipal zoning regulation or ordinance prohibits the sale or con-, - sumption of alcoholic beverages at the proposed premises, and no variance ,. of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the relevant regulation or ordinance, if you . have not previously done so. J u PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF y ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. 1 Sincerely, i Betty L. Calhoon Records & Licensing Supervisor (907) 277-8538 BLC:vk Enc. STALE OFALASKA PAGE 1 OF 2 ALCOHOLIC esEVERAGE WN i ROL WAND 201 E. NINTH AVENUE ANCRORACE, ALKSKA 99501 LIAUOR LICENSE APPLICATION • I Two complete sets of the liquor license application must be completed, signed and notarized before posting. See the detailed instruction sheet for further information, form 04-943. SECTION A. LICENSE INFORMATION. Must be completed for all types of applications. Type of Application: 4 License Typo . ONew Dispensary License Fee ....................... $1 250.00 Statute Reference For Liens Yew } Renewal sec. 04.11270 b ) 1981 Filing Fee ......................... $ 50.00 Federal Employers Identification Number C3Trand&ofOwnership 92-055752 Penalty (if applicable) ....... $ Currant Liquor Llconss Number (For Renewals and Transfers) O Transfer of Location 78-104 3 Tptal Spbmitted ................ Enter pgp Anomo and mailing A ddrow as it should appear Doing Business As Susinese Name Complete Only One on the nuns. Pard Corporation The R i 9 Bar O Municipality (specify) street Addressor Location 1309 Mta.�t► Box 2791, Kenai, AK 99611 • Roscoe.Myers Main Street, Kenai., AK Kenai, Alaska Box 7176 NRB, Kenai, AK 99611 Donna M. Myers Business Phone Number s Box 7176 NRB , Kenai, AK 99611 283-9626 or if renewal or transfer, has the above licanse been exercised or active at least thirty (30) days during the past year? �I VES ONO If no, attach an explanation. SECTIONS. PREMISES TO BE LICENSED. Must be comPlated for all types of application$. Now to be used on public sign or in advertising to Identify premises is location of promises greater than or tees than So miles from the boundaries of a municipolity(incorporated city, borough or unified municipality)? The Rig Bar DOraaUr than BO miles �11 Late then SO mile Distance by shortest pedestrian rout& from. Close st School Grounds: 300 dS Closest Church . r, y 500 yd SECTION C. LICENSED PREMISES. For Now and Transfer of Location applications only. Promises to be licensed is: (Check appropriate box(es)) OExisting Facility ❑Nov Building OPtopowd Building ❑Plans Submitted to Fire Marshall O Diagram of promises attached. Attach a diagram of the promises to be licensed. The diagram must be a true and correct description of the entrances and boundaries of the promises to be licensed, and the only or" where alcoholic beverages will be sold, served, consumed, possessed and/or stored. (If only a portion of the floor pion is to bo Ikenwel, plems14 tlino in RED the area where alcoholic beverages w)ll bi'sold, served, adnsumed, possessed and/or stored.! SECTION D. RENEWAL INFORMATION For Renewal Applications only. Has the am* whore alcoholic beverages wo sold, served, consumed, possessed Has the otmament of financial interest changed from the last statement sub - and/or noted been changed from the last diagrom submitted? mitted to the Alcoholic Beverage Control Board? b NO O YES if yes, attach now diagram. IE NO E 3 YES if yes, attach now interest statement (form 04-908). SECTION E. TRANSFER INFORMATION. For Transfer of Ownership or Transfer of Location applications only. Names) Of Currant Lkenw(a Doing Business As (Business Name) Currant License Number Streat Address or Location Cheek Only One: gMunicipality (specify) 1-1 Other Type of License city SECTION F. CORPORATION INFORMATION. Must be completed if applicant or co -applicant is a corporation. Corporate Nuns Doing Business As (Business Nome) Dote of incorporation in the State of Alaska and Corporation The Rig Bar 1 O / 30 /7 5 Mailing Address Street Address or Location ox 2791 Main Street City, Stow and zip code City and State Corporate Office Phone No. Kenai. Alaska 99611 R Agoras )AgatWsAla" Residency Number of years: Registered Agent (Melling Address) Number of months: CORPORATION DIRECTORS AND STOCKHOLDERS. (Use additional show If necessary.) % or Shares of Ownership Nance Home Address Homo Phone Vlilliam R. Jeanes Box 2791, Kenai, AK 99611 283-4747 1001/0 Patricia Jeanes ���;0" " -0-- Richard B. Herrick Soldp a,6*'iS 262-4863 -0- TMlti AMCA UPPIUS U" vt•s.s - r ) Lken14 NUMbV Data Approved gnature 04•001 (8/80) Pea 1 ALASKA"LIQUOR LICENSE APPLICATION PAGE 2 OF 2 w 8ECTI6N O. INDIVIDUAL/CORPORATE OFFICER INFORMATION. The following Information mutt be provided for each applicant or corporate officer. If applicant or co apPllcent Is •corporation, the offkors listed must include the President, Vice-president, Secretary and Treasurer. Use additional papas tee NNW .. Name William R. Jeanes Roscoe Myers Ms Add r eat P.O, x, C1 q a Coda) i`Z�°ox y °iCenaB% tCa �3 �fl Mailing Address (Street or P.O. Box, City, State & Zip Coda) , , Box 7167 NRB, Kenai, AK 99611 Hone Address Of dHfN/At from mailing address) t Home Address (If different from mailing address) Hems Phone Work Phone Home Phone Work Phone 283-4747 283-9626 776-5242 283-9626 Data of Both Social Security Number Date of Birth $oelal Security Number 12/12/34 456-46-4398 4/15/21 276-16-0100 Length of AK. Ras ldenty if applicant Is a corporation, Identify the corporate office you hold President Length of AK. Raidoncy vaare 30 Months If applicant Ise corporation, identify the corporate offles you hold Yawn Months NNW under which you filed your past vest's tax return Name under which you filed your Pat vases tax return Pard Corporation Roscoe dyers Spousda name H joint return Spouse's name Tess Return Year For What tea Tax Return Year for What S 1978 Alaska 1978 Alaska NNW Name i Donna M. Myers- -- " MoUina Address (Strad or P.O. Box, City, State, & Zip Cods) Mailing Address (Street or P.O. Box, City, State & Zip Cods) I Box 7167 NRB, Kenai, AK 99611 Home Address (H different from mailing eddrass) Home Address (it different from mailing addrsa) Hotta Phone Work Phone Home Phone Work Phone 776-5242 283-9626 Data of Birth • Social Seeurlty Number Data of Birth Social Security Number - " 11/21/20 574-03-9142 Length of AK. ResidNx y If applicant is a corporation, identify the corporate office you hold Length Of AK. Residency If applicant is a corporation, identify the corporato office you hold r Yaws Months Years 30 Months n Now under which you filed your past Yeses tax return Name undo wh oy . Your t y e tax return Doyll�. lye SpouWa name H joint rouge - , Spous/s "If 1piat returnl , 3 � r Tax Ro um Vow For What Stan Tax Remin Yaw For What State 1078 Alaska SECTION H. INDIVIDUAL/CORPORATE OFFICER9ACKGROUND. Must be completed for all types of applications. Doss any individual or corporate officer named &bow now have any direct or Indirect Interest in any other alcoholic beverage business In 7 Q NO O YES if yes, give liquor license numberts): Hassnv Individual or corporate offk w named above aver had a liquor license suspended, denied or revoked in any state? M NO ❑ YES If Yet, complete the following: Nsm&(s) Type(s) of Action(*) Stata(s) Date s) Has any Individual, corporate officer, or corporate director named on this application aver been convicted of a f4lony7 M NO O YES H vac, complete the following. Warmats► :? �! r Plecall of Corwietion City and Sots) 11011112) of Conviction SECTION 1. DECLARATION. Must b1lcompleted for ail typos of apiolieatkxra .IANe certify that Bch applicant named on this application has resided in the State of Alaska for at least one year prior to the date of this application; and/or the applicant is a corporation registered and qualified to do business in the State of Alaska for one year prior to the date of this application. • Under penalty of perjury, I declare that 1 have examined this application, including the accompanying schedules and statements, and to the Best of my knowkilge and belief it is true, correct and complete. 1 The undersigned hereby agree(s) to provide all information required by the Alcoholic Beverage Control Board in support of this application. of ApPlkaetfollfTransforasl*) 1/We. the current licensee(*) hereby consent to,the oboyq transfer /$signoaturats) 7 .• •.errrarq Subscribed and 3w one to before me this `¢�� -- ��•f; ! 1 �• h ��t,, IDEIt AsWorn to before me this day of 1X0'LtP1X4&/ + .`i9 ?10- , yQf: , 19 NOTARY PUBLIC IN AND FOf ALAS ; NOTARY PUBLIC IN 4ND FOR ALASKA My commission expires / e9- b'�0 a My commission expires 0W01 (araD) Page 2 , e 0 b 0 lAy s NAMMOND, 60YfANDE DEPART�fUNT OF IIEVENUB ?01 EAST 97H. AVENUE ;o. ALCOHOLIC BEVERAGEGbNTROL BOARD ANCHORAGE, ALASKA 99501 November 24, 1980 Janet Whelan nrC Cit ri F� City ofClerk N011 V P.O. Box. 580`19�0 Kenai, Alaska 99611 Dear Ms. Whelan: .:j We are in receipt of the following applications) for renewal of liquor license(s) within the City of Kenai You are being inotified as required by AS 04.11.520. 0 PACKAGE STORE Foodtown Liquor Store i P i. f� 4 n�. • r " 1 r, r i _ •ii.a'�+t' r. -: �. JZ.iL'.:.tiic- r :���, cz � - ..-.r r,w:,w,� - . 7..- - - � - ' - - - _ - - —_ - ' -2 -' You may protest the approval of the application pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If you file a protest, the board will not approve the application unless it finds that the protest is arbi- trary, capricious and unreasonable. Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing.in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, YOU MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT ` OF YOUR PROTEST. I Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) munici- palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. jIf you wish to protest the application referenced above, please do so in the f prescribed manner and within the prescribed time. Please show proof of I- service upon the applicant. If a municipal zoning regulation or ordinance prohibits the sale or con- sumption of alcoholic beverages at the proposed premises, and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the relevant regulation or ordinance, if you i_ have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Sincerely, . i '' Betty L hoon - Records & Licensing Supervisor F : (907) 277-8538 BLC:vk y= o Enc. �1 J ' 4 L—r-- STATE OF AWKA PAGE 1 OF 2 ALCOHOLIC EVERAGE CONTROL BOARD 201 E.ANTWAVENUE / ANCHORAGE, ALASKA SMI LIQUOR LICENSE APPLICATION i Two complete sets of the liquor license application must be completed, signed and notarized before posting. See the detailed instruction sheet for further information, form 04-943. SECTION A. LICENSE INFORMATION, Must be completed for all types of applications, Type of Appi(catlon: ONew L cons• Type License Fee ....................... $ K' )$Renewal Filing Fee ......................... Statute Reference Sec.04.1' VOV License veer $ 0 Federal Employer's Identification Number a!— 0,0 1 $ ❑Transfer of Ownership Penalty (if applicable) ....... ❑ Transfer of Location Total Submitted ................ Currant Liquor License Number For Renewals and Transfers) '0 -- /j eg CD $ &POO ✓ Enter applicant's name and mailing address as it should appear on ti1e Ilcetae 1-o•1%j Ixav99f1city Doing Business As (Business Name I0 Complete Only One Municipality (specify) Street Addressor Lout Kenai , }I /f I yG ❑ Other Business Phone Number s) d3 - 6 S If renews) or transfer, has the above license been exercised or active st least thirty (30) days during the past year? VES ❑ NO If np, attach an explanation. SECTIONS. PREMISES TO BE LICENSED. Must be completed for ail types of applications. Name to be used on public sign or in advasilling t0 dy Pamisss Is IocatYan of promises greater than or lets than 50 miles from the boundaries of a municipallty(incorpontod city, borough of unified municipality)? ❑Orptor Man 50 mites Less than SO mhos Distance, by shortest ~11an route from: Closet School Grounds: Closest Church: SECTION C, LICENSED PREMISES: For Now and Transfer of Location applications only. Promises to be licensed Is: (Check approprists box(*)) ❑Existing Facility ❑Now Building ❑Proposed Building ❑PlonsSubmitted to Fire, Marshall ❑ Dlegnm of prernisss attached. Attach a diagram of the promises to be licensed. The diagram must be, a true and correct description of the entrances and boundaries of the promises to be licensed, and the only area when alcoholic beverages will be, sold, served, consumed, possessed and/or stored. (If only a portion of the floor plan is to be, licensed, plaose outlino in RED the area where alcoholic bovenoaa will be sold, served, consumed, possessed and/or N4dj - - rION O. RENEWAL INFORMATION. For Renewal Applications only. he am where alcoholic beverages are sold, served, consumed, possessed Has the statement of financial interest changed from the last statWkk t sub N stored baud changed from the last diagram submitted? milted to the Alcoholic Beverage Control Board? 10' Q VES. if Val, attach new dhWem. NO 0 YES If yes, attach now invest statement (form 04.906). SECTION E. TRANSFER INFORMATION. For Transfer of Ownership or Transfer of Location SMIkations only. Nanwo) of Current LlansaNs) Doing Business As (Business Name) Current Liens Number Stnat Address or Location Check Only One: ❑ Municipality (specify) 0 Other Type of License city SECTION F. CORPORATION INFORMATION. Must be eompUud if applicant or co-spplicant is a corporation. Corporate Name pepping Business As (Business Name) ��d "' Gate of Incorporation n the Stan of Alaska n� / 9City. Malls" Addrass Street Address or W © to 9y G� ttaita sndZ ip Coda / G city Old Stow CIOss l/%tt?.l� Res Agent Nana Agent's A RafidMty G � Number of Years: Number of months 0 (Mailing Address) t CORPORATION DIRE ORB AND STOCKHOLDERS. (Use additional shosts N necessary.) % or Shares of Ownership Name Noma Address Nome Phone a --113a9 50 0 ' /E, Twin &Ito& evroun ': "M AYLY . - i- t . ------------ -- - --- --- ---- - Licenie umber Data Appirowed D n s care I0+-1101 (0/a0) Poore 1 l,�p$jiA APUOR LICENSEAPPLICATION PAGE 2 OF 2 58CTi n3. iouii�iGiiAti' NMUMAi@ OFFICER INFORMATION. The following Information must be provided for each applicant or corporate officer. If MP��jj}a FWaPp)laa►n is a krporaticn► the officars listed must include the President, Vic*Praaident, Secretary and Treasurer. Use additional pages as naess&irq. � , Na Mening Addraa {Street or P.O. Box, City, Sate, & Zip Cods) Walling Address (Btraat or P.O. Box, City, State & Zip Coda) �/jV & . av ©C � 9 y���,�e�v • 9 MOMS Address IN different from mailing address) Home Address Ilf different from mallinp rose) Home pho w Work Phone Are Homo Phone Work Phone Dow of Birth / Social Security Number Dow of Birth Social Security Number sAll LonSth of AK. Reside eaY if applicant is a corporation, Identify the corporateIf Length of AK. Realdenay applicant is a corporation, ldentHy the corporaw office you hold office you hold Years on 5 N under which You flied Your t Year's tax return Years MOrtth;/ under whisk you filed our at Yew' x return r a r1anN H joint return a name If joint return PT sx Rowrn Vow t For What Stets Tax Return Year ier What haw ' GrC'�a� lf7f Now Noma Mailing Address {Ctrost or P.O. Box, city, state, & Zip Coda) ale Mailing Address (Street or P.O. Box, City, Slew & Zip Code) �oto� . IA. Cl, r ,f15 Noma Address (H d sent from mailing address) Home Addrose (H dHaront from malting address) Monts Phone Work Phone Hems Phone Work Phone as Of 8klh A:o" Social Security Number Date of Birth Social Security Number Lerptls O/ AK. Residency if applicant is a corporation, identify the corporate offer yeY how Length of AK. Residency If applicant is a corporation, Identify the corporate = office you hold •. years Months Years Months Namaunder W11kh you filed your past year's tax return Namo under which You fled your past year's sax return IIPOWa name H joint return spouse's name If joint return Yaw F What Stan Tax Return Year For What State SECTION H. INDIVIDUALICORPORATE OFFICER BACKGROUND. Must be completed for all types of applications. Dow any I ndiv cast ofc'"Icer naltyd above now haw any direct or Indirect Interest in any o lcoholie beverage bu nest n asks? �j NO' O YES iI v-4 give liquor license wmber{s)„ •.....,- .. may. _... HMO any individual Of corporate officer named above over had a liquor license suspandW, denied or revoked in any saw? )ONO i3 YES if yea eomplaw the following: Nt h •. TyWall of Actions) o) Delete) Hos any individual, corpor, icar, or corporate director named on this application over bean ccnv ct d of a felonV7 )9 NO - O YES If yes complete the aosiowing. Namela)- s Plains) of Comrletion (City and stale) ales Conviction SECTION 1. DECLARATION. Must be completed for all types of applications We ceitiiy that each applicant named on this application has resided in the State of Alaska for at least one year prior to the date of this .appljttition; arsd/or the applicant is a corporation registered and qualified to do business in the State of Alaska for one year prior to the date of this application. Under penalty of perjury, I declare that 1 have examined this application, including the accompanying schedules and statements, and to the bat of my knowledge and belief it is true, correct and complete. The undersigned hereby agrees) to provide all information required by the Alcoholic Beverage Control Board in support of this appUcation. litgntWRafll oLl�pplkant(s)/Tratlsbraa(s ' t/Wo, the current Ileonssa(s) hereby consent to she above transfer r i7 t+v� t • • �ro�� �lr' t 12t"t � r before me this f C Subilted. V!�Z �M t �� ibEd and sworn to before me this fh�f J G P ice' .19 �' U (+ ° I y 2e t i i s U � , 19 Zola lop ";44rA: NOTARY Pt! IC IN AND FOR ALASK v VP, My commission expires _ � C) �o {C IN AND FOR ALASKA �Yia�o - Mi3 t�h1 expires Mitt " AGREEMENT FOR ARCHITECTURAL SERVICES f FOR CIVIC CENTER i ' THIS AGREEMENT made this day of December, 1980, between the CITY OF KENAI, P. O. Box 580, Kenai, Alaska 99611, hereinafter called "City," and CARMEN VINCENT GINTOLI, P. 0. Box 3504, Professional Building, Suite 210, Kenai, Alaska 99611, hereinafter called "Architect," WITNESSETHs WHEREAS, Architect has submitted a Proposal, attached hereto as exhibit "A," to perform certain services as set forth therein for the planning of a Civic Center for the City of Kenai, and has agreed therein to meet all requirements of the "Contract for oervices - Cultural Facilities Design Grant" from the Department of Community i Regional Affairs, executed by City on November 6, 1980, a copy of which is attached hereto as Exhibit % " and SIBEREAS, the Scope of Services in Appendix A to exhibit "B" refers to the Grant Applieaion of the City, pertinent excerpts from which are attached as Exhibit "C," and WHEREAS, the City desires to enter into a Contract to secure architectural services to comply with the requirements of the 'Contract for Services - Cultural Facilities Design Grant" set forth above, NOW, THEREFORE, the parties hereto do hereby agree, for and in consideration of the promises and payments set forth herein, as followas 1. Architect agrees to do all the work and perform all the services and furnish all the materials set forth in the Proposal attached hereto as Exhibit "A," as further detailed in Exhibits 'B" and "C." 2. In performing the services contained in said Proposal, 1 _ - GTV OF KE" r ' i Architect agrees to comply with all of the terms and conditions set forth in that "Contract for Services - Cultural Facilities Grant" and to fulfill all obligations accepted by City under the same as set forth in said Cultural Facilities Design Grant attached hereto as Exhibit 08.0 3. Architect agrees to supply the City with any and all documents, estimates, and materials, provided in said Proposal -- and necessary for City to furnish to the State in compliance with said cultural Facilities Design Grant in ample time for their use - therefor. 4. Pursuant to the Agreement to Ag provide services pursuant " to the Scope of Services in Appendix A contained in said Exhibit " 08," Architect agrees to perform such planning and create such designs as to provide for a Cultural Facility as described in the Grant Application for Cultural Facilities Grant Program as set forth therein and attached hereto as Exhibit •C." S. This Agreement is specifically subject to Paragraphs 8 (Termination), 9 (changes), 10 (publication, Reproduction, and Use of Material), 11 (Audits i inspections), and 12 (Project Monitoring i Reporting) set forth in Exhibit 089 and in event any of theme rights or privileges are exercised by the Department of Community i Regional Affairs, Architect agrees to comply fully and to cooperate fully to the best of his ability with the City in complying therewith. 6. For the services set forth herein, and in the attached documents, City agrees to pay Architect the total sum of 012,500, ftt • :' as follows$ t-- (a) $2,000 as retainer on execution of this Contract by City, and (b) $4,250 on certification of Architect that the project is 501 complete, and -- Cm Artol"&V Cm Of ""'4 - .on.a #t?aA AVyA%61' 2 i f- ce i m Nm ^ i TA b I' 044 f (c) The balance of $6,250 on completion of the services and 11I ��. acceptance thereof by the City. 1 This AGREEMENT is executed on the day and year first written ' above. CITY OP KENAI - gy= 41m. J. Brighton ' City Manager Carmen V. Gi tol - . Architect I , 1 " .`or _ cRr�rtart. 3 y� ON Kcµu — ---- _------- ------------- 9 j u I 1 f. q- I a � . oJs r r 1 0 KENAI CITY COUNCIL Regular Meeting, 11-5-80 Partial Translation G-27 Union Oil Drilling Permit - Cannery Loop Well #2 Rich Boyle of Union Oil spoke. He explained the permit was issued May 1980, they forgot to ask for an exception for an earth and slush pit. They have used this in #1 and #3, they just need approval of the exception. Mayor O'Reilly asked if this has been approved by Planning & Zoning Commission. Councilwoman Glick replied yes. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to approve the permit exception. Motion passed unanimously by roll call vote. Mayor O'Reilly asked Mr. Boyle, how was it going. Mr. Hoyle replied, fine, they have chosen an alter- nate route at the request of residents. Council- man Measles asked if they had any problems with the new Federal law. Mr. Boyle replied no. Janet Whelan City Clerk 11-18-80 ~.1 U ! KENAI CITY COUNCIL Regular Meeting, 11-19-80 Partial Translation lei F-1 Contract for Administrative Coordinator City Manager Brighton said he picked up the contract signed by the Borough. The Council will have to auth- orize the City Manager to sign the contract. He doesn't foresee any problem. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to authorize City Manager Brighton to sign the contract between the City and Borough for the Administrative Coordinator dealing with Coastal Zone Development. Councilman Mueller noted in Appendix A, #2, it was his understanding we have scrapped the small boat harbor. It is also mentioned on page 9. (City Manager Brighton made a statement, Mr. Davis replied. This was inaudible. I will refer to the tape.) Councilman Mueller stated, but this is still with i J the agreement to research the small boat harbor. We have scrapped this. After a short recess, an amendment to the original motion was made. MOTION, Amendments Councilman Mueller moved, seconded by Councilman Measles, to amend the motion to conform to the res- olution passed by Council regarding construction ' of the harbor and support of free enterprise. VOTE, Amendment: i� Motion passed with Councilman Malston voting no. VOTE, Main Motion: Motion passed, with Councilmen Malston and Mueller p voting no. ' i 1 i I 1 I _ - -_ � '� �� - �1 -�-- -�- -- r �� '- --�- ram-• KENAI CITY COUNCIL REGULAR MEETING, 11-19-80 C Page 2 (Partial Transl.) Mayor O'Reilly asked City Manager Brighton, "we can- not approve the contract without prior approval?" (from the Borough) City Manager Brighton replied, yes, the appropriate authority is Phil Waring. Councilwoman Glick asked City Manager Brighton, how soon do you expect to get that? Mr. Brighton replied, tomorrow, with a phone call. MOTION: Councilman Wagoner moved, seconded by Councilman Measles, that Council approve the contract con- tingent upon approval of the designated authority. Councilman Measles said the contract gives the Borough the right to suspend the contract at their discretion. where does this put Mr. Davis? Mr. Brighton replied he will have problems. Council- woman Glick noted there's a very real possibility the Borough will cancel because it deals with Coastal .: Zone Management. The new administration is dis- satisfied with Coastal Zone Management. At the Tuesday meeting a motion was passed to go ahead till Cramer, Chin & Mayo come forward with a simpli- fied proposal. Mayor Thompson has said Coastal Zone Management and wetlands are the two problems the Borough will have to contend with. Mr. Brighton explained in addition to the Borough being able to cancel the contract, in the State contract it can be canceled also. Most all of them have termination clauses. Mayor O'Reilly asked, suppose the Borough cancels, does this mean we have to cancel? Council - wagoner replied paragraph 3 in our contract does this. If not, we can draw one up. Councilman Measles said paragraph 5-d does that. VOTEs Motion passed, with Councilmen Malston and Mueller voting no. Janet Whelan City Clerk .A 1 CCMWCCP FOR SERVICES This AGREEi`MC, entered into on this day of , 1980, by and between the CITY OF Mal (hereinafter called "City"), and GAMY L. DAVIS OTVANY , whose address is P. O. BOX 2486, SOLODUM, ALASKA, hereinafter called Contractor. MUMS, the Department of Cawurdty and Regional Affairs of the State of Alaska has entered into an Agreement with the Kenai Peninsula Borough to undertake certain technical or professional services expected to be partially financed by a grant fran the National Oceanic and Atlmospheric Administration of the United States Department of Commerce under Section 306 of the National Coastal ?.one Management Act of 1972, as amended, hereinafter called the "Parent Contract"; and MMIMS, the Kenai. Peninsula Borough has entered into an Agreement with the City of Kenai to do and perform the services undertaken under the Parent Contract by the Kenai Peninsula Borough to be partially funded as described in the Parent Contract and Partially funded by the State of Alaska, which agreement is called herein the Borough Contract; MI, THMUFORE, the parties hereto do mutually agree as follows: 1. Mployment of Contractor: The City hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. 2. of Services: The Contractor shall do, perform, and carry out in a satisfactory and proper r. mer the scope of services described in Appendix A of the Borough contract and Parent Contract. 3. Responsibility of Contractor: The Contractor shall be responsible to the City, the Kenai Peninsula Borough, and the Departanezt of Community and Regional Affairs of the State of Alaska for all work program tasks as set forth in Appendix A of the Borough Contract, a copy of which is attached hereto, and Contractor is further responsible for compliance with all terms and requirements of said Borough Contract and also with all appropriate provisions of the Parent Contract betvreen the State of Alaska and the Kenai Peninsula Borough and Contractor further agrees to hold the City harmless from and violation thereof or from any failures to perform under. 4. Prohibition of Iabbying: The parties herein hereby agree that Contractor will not be paid for, and will not spend any tine in, lobtying for the City for any project or any purposes during the tezm of this Contract. t Y� 5. 223ngation: (a) Contractor will be reimbursed for travel, except for local transportation which will be paid at $.25 per mile as per attached proposal, and per diem on receipt of claims supported by appropriate documentation in the setae manner and amounts as paid officers and .-c�r' employees of the City of Kenai w&ile on travel status. (b) Contractor will be paid for services in accordance with the proposal submitted, a copy of which is attached hereto. (c) Total payments under sub -paragraphs (a) and (b) shall not exceed $64-000.00. (d) Method of payment shall be in accordance with the provisions of the Borough Contract and the Parent Contract. IN MTWM IUMM, the City and the Contractor have executed this Agreement as of the day first above written. THE cn"z CF KWU By: Van. J. Brighton City I%nager Date: ATIM: Janet Vhelan City Cler)'. CCNn:?AC=: DISM Title: Date: -0 � h,.y�. �s..>h3 .a. h1._ai;.rr, r:, m. rar .'�..z '- .:�:�.. .: � �.✓4�. - - � ._-- :a- N r _.. .... ..... .. ... i_ �i.. Jf .. •.. ,..ar .�...vW(? ..+r..r�..�« - - - - - - _ _ _rr-,..----�.,-_ _.;..�L - ADNI11I5TRATIVU COOIID111.1,202 OJMWIC - ATTACIII•S:,;IIT 51 COST CF SERVICE'S Hrly Not -to -exceed A. Admin. Coordinators SvcIt t1q.00 9;30000 Be Secretarial Svcs ; 1125 S18:000 C. Office (rent, equip.) $37 /month S 3,500 D. Communications kl,hone, Postage) ii75/month 900 re Local Trans•aortation .25/mile, est. 6,000 miles S 10500 F. Rise, (ads, binding, etc.) $ 7.900 TOTAL I35. 00 Other expenses (travel, rerdiem, car rentals, etc.) to be covered by the City. 1 i � I f 1 rf F�. A11Y� • ANDREW R. SARISKr IMUGa Arrotarn ar,r,wNu,M/w SoLo"ao. [ "sot r•r.•.a AGR'iF..MEtJT BETWEEN KENAI PF.YI%SUI,A BOROUGH AND CITY OF KENAI The parties to this agreement are the Kenai Peninsula Borough, a municipal corporation, whose address is P.O. Box 850. Soldotna, Alas- ka, 99669, and the City of Kenai, the Consultant, whose address is P.O. Box 580, Kenai. Alaska, 99611. In and for consideration of the mutual promises of the parties obtained herein, the parties agree as follows: 1. Scope of Service. The Consultant agrees to perform for the Borough all consulting services set forth in Attachment A. The Consul- tant shall complete and deliver all work to the satisfaction of the Borough by June 30, 1981. 2. Personnel. Consultant will secure at its own expense all personnel required to perform the services provided in this con- tract. In performing the services provided by this agreement, the Consultant shall operate as an independent contractor and shall not act as, or in any way be considered to be, the agent or employee of the Borough. The Consultant will be solely responsible for determining the means and methods for performing the consulting services described in the scope of services. Should the Consultant desire to subcontract any portion of the work, prior written permission for such subcontracting must be obtained from the Borough's authorized representative, in his discretion. The Consultant shall be fully responsible for all work produced by any subcontractor and for the employment and payment of any subcontractor and the subcontractor's employees. No contractual re- lationship shall be deemed to exist between a subcontractor or subcon- tractor's employees and the Borough. 3. Amount and Basis of Compensation. A. The Consultant shall be paid on the following basis: a,. The Consultant shall be paid for his costs incurred in connection with this agreement in an amount not to exceed f64,000.00.. J b. Upon presentation of an itemized billing detailing the work accomplished, and actual costs incurred, the Borough shall pay the Consultant said amount except that 10% of the total amount stated in the billing shall be retained by the Borough and paid to the Consultant upon satisfactory completion of the entire project and acceptance by the Borough. However, if the Consultant fails to submit required reports or products to the Borough when due, then progress pay- ments will be withheld until the reports and products have been submitted to, and accepted, by the Borough. The amount paid by the Borough shall be reduced also by 20 percent, which is the local share amount contri- buted by the Consultant. C. The Consultant shall keep records of expenses and personnel costs pertaining to the study on a general- ly accepted accounting basis and the records shall be available to representatives of the Borough and of the State of Alaska for inspection and audit at a mutually convenient time. IL 4. Insurance. The Consultant represents that it now carries and will continue to carry during the term of this Agreement such workmen's compensation, comprehensive general and contractural { r� at i I { i I +I I I I .lability and comprehensive automobile Insurance as will fully protect the Consultant and the Borough against any and all claims or liability. The Consultant agrees to fully defend and indemnify the Borough against any losses or claims arising out of any activities or endeavor of the Consultant. 5. Professional Responsibility and indemnification. The services to be lurnished by the Consultant shall be of the highest quality .tnd shall reflect efforts and analysis commensurate with a thorough and competent undertaking. The Consultant hereby agrees to indemnify the Borough for any actual and direct damages Incurred by the Borough as a result of the Consultant's negligent performance of the services required by this Contract. 6. Assignment-. The duties and obligations of the Consul- tant under this Agreement may not be assigned or subcontracted by the Consultant without the written consent of the Borough's representative, Mr. Philip Waring. 7. Suspension and Termination of the Contract. A. The Borough, may at its sole option, by 15 days' notice in writing to the Consultant, suspend at any time the performance of any or all portions Of the services to be performed under this Agreement. Upon receipt of any such notice, the Consultant shall immediately discontinue services, placing orders, contracts and rental agreements to the extent that they relate to the services suspended and on the date and to the extent specified in the suspension notice. In the event of suspension, the Consultant will be reimbursed for costs reasonably incurred, without duplication of any item, in the effectuation of suspension of services. B. The Borough shall have the right to terminate this Agreement in whole or in part at any time and for reasonable cause. Upon receipt of any termination notice, the Consultant shall immediately discontinue its services on the date and to the extent specified in the notice of termination. .The Consultant shall be paid in the amount earned by or reimbursable to.it, including fee payments received or otherwise due and all reasonable costs incurred by the Consultant prior to and in connection with the discontinuation of work. The Consultant shall have no further claim against the Borough in any respect. 8. Moperation with State of Alaska. The Consultant agrees to abide at all times by the terms and provisions contained within that Agreement dated October 27, 198b between Kenai Peninsula Borough and State of Alaska Department of Community and Regional Af- fairs which provides for the reimbursement to the Borough by the State of a portion of the costs incurred in the accomplishment of the Scope - of -Work in Attachment A. Said agreement is incorporated as a part of this agreement and is appended as Attachment B. The Consultant agrees to perform the work diligently and not to engage in any practice which might cause the State to terminate, surpend or impose contractual sanc- tions upon the Borough under the terms of the contract between the Borough and the State of Alaska. 9. Miscellaneous Provisions. A. This Agreement shall in all respects be interpreted and construed according to the laws of the State of Alaska and any action based upon this Agreement shall be filed and prosecuted in Kenai, Alaska. S. This Agreement constitutes the entire Agreement between the Bor- ough and the Consultant and supersedes all prior and contemporaneous communications, representations, and agreements. The parties aver that this Agreement has not been included in any manner by representations, statements or agreements other than those expressly stated in this Agreement and its appendices. The terms and provisions of this Agreement may not be extended, waived. or otherwise modified hereafter except in writing signed by the authorised officer of the patty to be bound thereby. C. In the event of litigation between the parties arising out of this Agreemento the prevailing party shall be entitled to costs as provided by Alaska Civil Rule 79 and a reasonable attorney fee as pro- {: i w i Sri. ; �; c` t- � ' •� _..- — 1 . o.... i I 1 _ 'y f F j iv.. ..A: �o •j f t V t( vided by Alaska Civil Rule RI. DATED this day of 1980. KENAT PENINSULA 110YOUrii ATTESTS Sys Stan Thompson. Mayor Borough Clerk APPROVED AS TO LEGAL CITY OF KENAI FORM AND SUFFICIENCY: Bys Andrew R. Sarisky Borough Attorney _3_ 0 .. • � � 11 �I � i i 1 1 1 ATTACHMENT A Mork Progr.um Tasks The following work program describes the responsibilities of the City of Kenai under this contract. 1. The City will prepare the following and submit them to the Borough and the State Department of Community and Regional Affairs: a. A monthly summary of work accomplishments, including evidence of active participation in the Kenai Penin- sula Borough Coastal Development Program, the City of Kenai Wetlands Project, review and implementation of the City of Kenai's Comprehensive Plan. and progress made in completing the feasibility and design study for City of Kenai's harbor; b. A monthly accounting of funds spent to date, Includ- ing appropriate documentation; f C. Trip reports for project related travel, noting persons contacted and tasks accomplished; I d. Notification of upcoming Advisory Harbor Commission sessions or other important meetings or events re- lated to this project; and e. Copies of any project related materials or correspon- dence produced by the City (submit to the Borough, the Department of Community and Regional Affairs, and the State Office of Coastal Management). 2. The City of Kenai will administer the $500,000'speeial legislative appropriation from the State of Alaska to determine the feasibility of constructing a new small boat harbor in the City of Kenai. Associated with the adminis- tration of this project the City wills a. Develop a Request for Proposal from qualified en- gineering firms; b. Analyze the proposals when they are received; and C. Respond to communications related to the harbor feasi-bility and.de}ign study. 3. The City will actively participate in the Kenai Peninsula Borough's Coastal Development Program as it relates to the City of Kenai and its harbor area. 4. The City will actively participate in the federal -state - local intergovernmental Kenai Wetlands Project. This will Include attending project meetings and assisting with local �-•.,^ input into the design, implementation and review of the wetland study process. In addition, the City will review and comment on any products produced by this study. . �-• 1 S. The City will monitor all grants relating to the Advisory Harbor Commission. 6. The City will research small boat harbor operations as they pertain to the harbor project. �• J j� i I mac= �:�-�.; �::; ',.:- .�-.�� �1� --- ...� _ .-. 7,,. ,- ;�,,— - �r- -.-�-;�-.�•., - -- No activities under this paragraph will be undertaken which i� would jeopardize the financial sources of related private harbor development. ( )1� Schedule . e• ) The first nwnthly reporting period will be at the end of the first full month the firm or individual has been retained. A monthly report con- taining items in Task pi (a-e) of the work program shall be submitted to the Borough and the Department at the end of each month through June - 30, 1981. Grant funds for the administrative support of the City of Kenai under the terms of this contract will be through June 30, 1981. Budget Contractual Services 64 000 Funding for this project is provided on a basis of 807 from a grant to •°,l be provided from the State Department of Community and Regional Affairs to the Borough and a 20% local w tch. The total budget for this con- tract will be $64,000. 0f this total, $51,200 will consist of coastal management grant funds and $12,800 will be local matching funds to be :•- , _ furnished by the City of KenaL. 0 -2- J t I i t' z i i f � I � __ ' � .•.�!^..r��'Y!%-rtillMr�.-w.�-n-r'.'Y.Y«�-,w.,y'yrG=:=- -.rw. �:.. __.. � ,t-_ Lill f c� KENAI PENINSULA 230ROUG H - O BOX 850 SOLOOTNA. ALASKA 99669 PHONE 202.4441 i November 24, 1980 Mr. Bill Brighton, City Manager -� City of Kenai P. 0. Box 580 Kenai, AK 99611 Dear Mr. Brighton: You have my approval to sub -contract the work described in our coastal management contract to Gary Davis. Sincerely, rHILIP W ING Planning Director PW:bl py '� I _ L ' 1 STAN THOMPSON MAYOR i _ w • j { 7_ , . if -. r . W i"r ti.=r­'. -- -a... H BAIOWIN r BALDWIN & TAY[ OR AT f OHNf ,1, A f, Aw POSf OFF rCf 80 4L I1, KENAI ALVFA996t• 19071211.1 1If,' November 26, 1980 City of Kenai P. O. Box 580. Kenai, Alaska 99611 Attention: Honorable Mayor City Council WAI Ifk fAY/OH III Re: Tracts B 8 C Kenai Boat Ramp Gentlemen: I represent Robert Roper, who is the Lessee of the above -described property. Mr. Roper offers to the City of Kenai an option to purchase his leasehold interest in the property upon the following terms: 1. Option Price. The price for the option is '1 $25,000.00, payable within fifteen days after acceptance J of the offer by the Council. 2. Rights to Be Conveyed. In addition to the leasehold interest in the above -described property, Mr. Roper agrees to convey to the City upon the exercise of the option, the Army Corps of Engineers Wetland Permits pertaining to the property, as well as any other transferable rights in the property. 3. Covenants by Roper. Roper will perform no site development work upon the property until April 15, 1981. Thereafter, no work will be performed which would impede or conflict with the scope of any small boat harbor schematic designs which shall have been adopted by the Council as of such date. The City shall have a right of entry during the period covered by the option agreement, for the purpose of conducting surveys, digging or drilling holes, or performing any other work reasonably necessary to making a determination as to the feasibility of such site for a small boat harbor. 4. Term of Option. The option shall expire thirty days after the end of the 1981 State Legislative Session, or thirty days after such Legislature shall have appropriated funds designated for use by the City of Kenai to construct a small boat harbor, whichever date is earliest. City of Kenai November 26, 1980 Page Two 5. Terms of Payment. if the option is exercised, the purchase price shall be $250,000.00. The option payment shall apply toward the purchase price. The balance of $225,000.00 shall be payable upon receipt by the City of Kenai of the funds from the State. Beginning on the date of the exercise of the option and until such funds have been paid to Roper, the balance owed shall accrue interest at the rate of 14% per annum, payable quarterly. 6. Adjustments to Purchase Price. In the event that at the time of the exercise of the option by the City, Roper has commenced site development pursuant to the terms of this offer, the purchase price shall be increased by an amount equal to the actual cost of any site development work, plus 20% of such costs. All claims for payment shall be supported by invoices for such costs. In the event the parties cannot agree on the value of such adjustments, the question may be submitted to arbitration pursuant to AS 09.43 at the option of either party. 7. Closing. If the option is exercised, closing shall occur within ten days after receipt by the City of the funds for payment, at the office of the City Manager at such time and date as may be reasonably specified by the City Manager. S. Exercise of Option. The option shall be exercised by delivery to the attorney for Roper of a written Resolution by the City Council of its intention to purchase the property pursuant to the terms of the option. 9. Title of Lessee. The obligation of either party to perform under this offer is contingent upon Lessee's ability to remove the cloud on Lessee's title in the nature of a lien heretofore filed by Miles Dean. Roper is using his best efforts to remove the cloud, but can give no assurances that the cloud will or can be removed. In the event of the exercise by the City of the option, Roper shall provide the City with a merchantable leasehold interest. Thank you for your consideration of the foregoing. VeryWtrly rs, C. R. BALDWIN Attorney at Law CRB: jh 4 ' ', 11 • .. �i v . t 6" •'N a .i 3 � I CITY OF rBr'At __ ___ -,-_-__ AGAZERM This Agreement entered into by and between the CITY OF KENAI, a home -rule municipal corporation of Alaska, hereinafter called "City," P. 0. Box 580, Kenai, Alaska 996110, and ROBERT L. ROPER, also known as Robert Roper and as R. L. Roper, hereinafter called "Lessee,' P. 0. Box 48, Kenai, Alaska 99611. WITNESSETHs WHEREAS, Lessee has leased from City the following described property in the City of Kenai, Kenai Recording District, State of Alaska, to wits Tract B and Tract C, Kenai Boat Ramp and Right-of-way Dedication for terms of 99 years beginning on July 6, 1978, and April 1, 1979, respectively, and WHEREAS, Lessee has obtained permits from the United States Corps of Engineers, Permit #071-OYD-2-780084 and Permit t071-OYD-2-780209, to construct a dock, boat ramp, and additional facilities consisting of a boat harbor, grid, boat ramp, with floats, fueling dock, and sheet and timber bulk heads in the Kenai River and adjacent wetlands in connection with these leases, and WHEREAS, the parties hereto are desirous of securing for the community the services of the best possible harbor, dock, and related facilities, and WHEREAS, if the City is able to secure State funding for such facility, it will be able to construct facilities on a much larger and more adequate scale than would Lessee, NOW, THEREFORE, Lessee hereby offers to sell to the City all of his right, title, and interest in and to the above -described leasehold interest and any improvements thereon and the permits issued by the Corps of Engineers of the Department of the Army of the United States issued in connection therewith under the following terms and conditionss II . i i i f: j ClY Cf Kf%'Ai LJ,.A /A' .�)' ,. 1. Lessee hereby agrees to sell to City all of his right, title, and interest in and to the above -described leaseholds, including all improvements thereon, and the permits identified above issued to Lessee and to execute any instruments making such relinquishment, assignment, or transfer of said interest as may be requested by the City in order to accomplish such sale. 2. Lessee agrees that prior to final payment in closing hereunder, he will remove the lien on such leasehold filed by Hiles Dean and any and all other liens or encumbrances which may have then been placed on such leasehold interest by any other party because of the activities or actions of Lessee. 3. City agrees to pay for said relinquishment and assignments of leasehold interests and interests in the aforesaid Corps of Engineer permits, the total sum of TNO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) as follows: (a) Twenty-five thousand dollars ($25,000.00) on or before Karch 5, 2981, and (b) The balance of Two hundred twenty-five thousand dollars ($225,000.00) on or before June 30, 1981. 4. Lessee agrees, and hereby consents, to entry upon the above -described premises by the City and its agents, particularly engineers to be retained by the City, for the purpose of making soil tests on said property to determine the feasibility of the intended construction. 5. If at the time to be set for closing hereunder, the lien heretofor filed by Miles Dean has not been removed, the parties hereto agree that final payment hereunder shall be held in a separate account in trust to be paid to Lessee on proof of removal of lien. 2 �h. i� 1 7 , M A I " Artraa • CITY Of KfNA( • r• 6. Lessee hereby agrees that the City shall have until February 28, 1981, to accept this offer, and that acceptance will be made by execution of this contract by the City, and Lessee hereby agrees that this offer will not be withdrawn prior to above date. However, in order to prevent thawing by tides so that Lessee can accomplish construction after February 28, 1981, Lessee may feel it desirable to construct a 4 foot earth dike approximately 2500 feet long along the riverfront and on either side of the property, and City hereby agrees, if such construction is performed, to Pay cost of such construction on March S, 1981, as shown by paid receipts plus 20%, but with the total not to exceed $7,S00.00, in addition to the purchase price set forth above, if the City accepts this offer. 7. City agrees that quarterly lease payment on Tract C due January 1, 1981, will be deferred until March 1, 19sl, without penalty or interest and will be cancelled if City accepts this Agreement. S. Parties agree that pipe and timbers belonging to Lessee and now on this property are not included in this Agreement and Lessee shall have 30 days to remove the same after notice of acceptance of this offer. This offer is made as of the date of acknowledgement of execution hereof by Lessee, as set forth below, and the contract, if any, will be effective as of the date of acknowledgement of execution by the City Manager of City, as set forth in the acknowledgement below. LESSEES Robert L. Roper CITYs CITY OF KENAI Bys William J. Brighton City Manager 3 • I i � llI r I I i i i " J I __— - --_-- _ .. ,..."".-+-.n-� - r,.ao."..c1. �.� e, ,. .�_a==..—.:ram -"+-.ems .. w.-,-Tr.-�-r _,=.....•r- r-:w•r'+�.ww..+..+-+-��'��++rryk��.'."'�r'. -c---/ ..�. V ' r �F. f I i STATE OF ALASEA ) I THIRD JUDICIAL DISTRICT i THIS IS TO CERTIFY that on this,lk day of December, 1980, ROBERT L. ROPER, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument for the corporation named and in the capacity indicated in the execution thereof. C Notary Public for AlaskEa_,. My Commission Expiress?4 STATE OF ALASKA THIRD JUDICIAL DISTRICT i THIS IS TO CERTIFY that on this _ day of 1, 198_, WILLIAM J. sRIGHTON, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument for the municipal corporation named and in the capacity indicated in the execution thereof. '- Notary Public for Alaska 4 My Commission Expiress j • f - B ,. •U I 25 ol ;` 1W �gt..L_JrfY/i,: ,.. Vf aw--o:.,ai�r+'rrv+w%, � e '.. _• _ . _� •+l.e .. ��.. A CITY OF KENAI eariw a/ 4"„ I. O. SOX 5*0 KENAI. ALAEKA 99611 TELEPHONE 2113 • 7=5 NOVEMBER 24, 1980 Mr. John Tolley, Transportation Planner Dept. of Transportation & Public Facilities STATE OF ALASKA Pouch 6900 Anchorage, Alaska 99611 Re: City of Kenai's 1974 CSS8350 "Port Facilities Grant" Dear Mr. Tolley, This letter is to confirm discussions of our Nov. 7th, 1980 meeting relating to the City'-s share of the referenced grant. As per the requirements of the Act (Title.30, Chapt. 15, Sec. 30.15.020) the City must: (1) submit a feasibility -study which will identify what the "project" is, and will determine its feasibility. (2) submit a copy of a resolution passed by the city council endorsing the project and accepting operation and maintenance of the project once constructed. (.3) demonstrate its ability to finance the local share of project costs (10%). Our discussions relating to item (1) above centered around the project we envision presenting in our feasibility study. The project I explained to you related to utilizing these funds for a MARINE INDUSTRIAL PARK. Our proposed small boat harbor will be the center of this park. This project would include: (A) purchasing, or acquiring, lands :vital to our project (whether leased or owned by other parties). (B) planning and engineerl:Ig streets, sewer, water, lighting, and sub -dividing witN!a the proposed MARINE INDUSTRIAL PARK, and construction of these items. (C) construction and upgrading of the existing boat ramp. Our study will justify this project based on public convenience and necessity, and will be compiled in-house by myself with some possible assistance from sub -consultants. It was determined that item(3) above could be met by the City utilizing a portion of the $500,000 Municipal Grant for harbor study and design as our local share of the grant. We determined this proposed project to be within the guidelines and regulations of the effective statute governing these funds. This determination was made in accordance with Sec. 30.15.070, para (5), which defines "project costs" as "the cost of financing or borrowing, site acquisition and rights -of -way, planning. engineering and designing, construction, equipment acquisition and installation, but does not include the cost of operation or maintenance of the port facilities once constructed or the cost r City of Kenai's 1974 CSSB350 Page two i of the feasibility studies required in making application for a grant under this chapter." - The Cityy presently has $643,500 available under this grant. With the addition of the 10% local share, the total project, or projects, would be $707,850. I would appreciate from you, a confirmation of the above areas of discussion, in wirting, for our records. Even though this project may not be the specific recommendation of our study we are requesting your confirmation of our concept to assure, us of our interpretation -of the Act. The harbor commission has also asked me to get an opinion on whether - or not a payment of a "purchase option' for a parcel of land made prior to approval of a study, but included'in the study, a n•' could be considered a credited portion of the "local share"? We would appreciate any attention given this matter. If you should have any questions relating to this project please do not hesitate to call. Thank you for your assistance. cerely, SA �- - q Gary Davis Admi istrative Coordinator �= Kenai Advisory Harbor Commission { �f • ' i11 1 , I , 1 .o o. e.. t CITY OF KENAI P. O. BOX $60 KENAI, AtASK/ 99411 TELEPHONE 363 • 7639 December 3, 1980 MEMO To: Mayor O'Reilly and Kenai City Council From: Keh irman Peterkin, Kenai Harbor Commission Re: Purchase of Leases The Kenai Advisory Harbor Commission at their regular meeting of December 2, unanimously approved the following motion. Commissioner Williams moved, seconded by Commissioner Dragseth the Harbor Commission recommend to the City Council that they purchase back -the leases from Mr. Roper, for the sum of $250,000 and that they approve the contract as prepared by the City Attorney to implement such purchase. The purchase of property is to include all ,right, title and interest in the leases and the transfer of the Corps of Engineers Permits. RP:kh i w v CITY OF KENAI -6d eapjal 4 4" P. O. SOX $80 KENAI. ALASKA 99611 TELEPHONE Zia • 7535 MEMO Tos Kenai City Council From: Wm. J. Brighton, City y Manager (by Charles A. Brown) Res Contract between Borough and City for Administrative Coordinator Dates November 21, 1980 At the November 19, 1980 City Council meeting, three contracts regarding the Administrative Coordinator were in your packets: 1. State/Borough Contract 2. Borough/City Contract 3. City/Gary Davis Contract The State/Borough Contract was signed and complete. We are not a party to that Contract. We cannot amend it. It was in the packet as informations no action was to be taken. When the Borough/City Contract was on the floor, Councilman Mueller made an Amendment with regard to Appendix A, #2 to change that paragraph "to conform to the Resolution passed by Council regarding construction of the harbor and support of free enterprise." The Administration is having the following problems with this action: a. Councilman Mueller was referring to the State/Borough Contract, not the Borough/City Contract which was on the floor. This is evidenced by his reference to Appendix A and page 9. These references appear in the Sure/Borough Contract. There is no page 9 in the Borough/City Contract, and the work tasks appear on Attachment A of that Contract. b. If we assume Councilman Mueller meant the Borough/City Contract (which contains similar language), we still have doubts about the direction to take. The Amendment speaks of a Resolution passed by Councils we can find no Resolution dealing with this matter, r i If by "Resolution", he meant "solution", then we assume he's referring to the October 1, 1980 motion of Council to direct the Administration to write a letter to Mr. Roper informing him that the City is dropping all activities relating to harbor development, design and construction. We believe there is a considerable difference between council setting a policy by motion and ..ouncil directing the City Manager to write a letter containing certain information. We are hesitant to change the Contract until we are sure that Council has set a policy. c. Lastly, we hope Council is aware of the possibility that, should we substantially change the Borough/City Contract, the Borough may not accept the change without asking the state to change the State/Borough Contract. It is doubtful the State will fund the grant if a substantive change of this nature is made to the original State/Borough Contract for which we are not a party. This letter, along with copies of appropriate minutes and the letter to Mr. Roper dated October 6, 1980 is being provided you now to discuss at the Work Session of November 24, 1980. Enclosures WJBskh Y • _ -_s�lti ._��.�.< .�i � - ate, _. .....: -. ��. �.-rr .r- �' KENAI CITY COUNCIL Regular Meeting, 11-19-80 Partial Translation F-1 Contract for Administrative Coordinator City Manager Brighton said he picked up the contract signed by the Borough. The Council will have to auth- orize the City Manager to sign the contract. He doesn't foresee any problem. MOTION: i Councilwoman Glick moved, seconded by Councilman Malston, to authorize City Manager Brighton to sign the contract between the City and Borough for the Administrative Coordinator dealing with Coastal Zone Development. Councilman Mueller noted in Appendix A, $2, it was his understanding we have scrapped the small boat harbor. It is also mentioned on page 9. (City Manager Brighton made a statement, Mr. Davis replied. This was inaudible. I will refer to the tape.) Councilman Mueller stated, but this is still with the agreement to research the small boat harbor. We have scrapped this. After a short recess, an amendment to the original motion was made. MOTION, Amendment: Councilman Mueller moved, seconded by Councilman Measles, to amend the motion to conform to the res- olution passed by Council regarding construction of the harbor and support of free enterprise. VOTE, Amendment: Motion passed with Councilman Malston voting no. VOTE, Main Motion: Motion passed, with Councilmen Malston and Mueller voting no. or.r.s=sw- - �• r- c �• - + i J 1 r - • 1 j l 0 KENAI CITY COUNCIL REGULAR MEETING, 11-19-80 Page 2 (Partial Transl.) Mayor O'Reilly asked City Manager Brighton, "We can- not approve the contract without prior approval?" (from the Borough) City Manager Brighton replied, yes, the appropriate authority is Phil Waring. Councilwoman Glick asked City Manager Brighton, how soon do you expect to get that? Mr. Brighton replied, tomorrow, with a phone call. MOTION: Councilman Wagoner moved, seconded by Councilman Measles, that Council approve the contract con- tingent upon approval of the designated authority. Councilman Measles said the contract gives the Borough the right to suspend the contract at their discretion. Where does this put Mr. Davis? Mr. Brighton replied he will have problems. Council- woman Glick noted there's a very real possibility the Borough will cancel because it deals with Coastal Zone Management. The new administration is dis- satisfied with Coastal Zone Management. At the Tuesday meeting a motion was passed to go ahead till Cramer, Chin & Mayo come forward with a simpli- fied proposal. Mayor Thompson has said Coastal Zone Management and wetlands are the two problems the Borough will have to contend with. Mr. Brighton explained in addition to the Borough being able to cancel the contract, in the State contract it can be canceled also. Most all of them have termination clauses. Mayor O'Reilly asked, suppose the Borough cancels, does this mean we have to cancel? Council - Wagoner replied paragraph 3 in our contract does this. If not, we can draw one up. Councilman Measles said paragraph 5-d does that. VOTE: Motion passed, with Councilmen Malston and Mueller voting -ono. 1Janet Whelan City Clerk r-- i I f�L.rdr µ_..=•.iJ.�4.1.»Yt :tr r.r Rom. .✓ .. _ .. .. � II ' .�-IPL�-Y_ _. _ � _ �-.ira_.a. _.-.. _. _ ..+�....��...�.�� rr.�.�r .> > _ � .. �� � _._ ...-__ _ _._�.�.`. . . ,.. , : •..•rrcr�zlis�vr KENAI CITY COUNCIL OCTOBER 1, 1980 Page 13 H-6 Planning & Zoning None H-7 Kenai Borough Assembly .None H-8 Harbor Commission Administrative Coordinator Davis spoke. 1. On Sept. 24, Cramer; etc. had a meeting with Planning & Zoning and outlined the Borough Coastal Management Program. Commissioner Williams was there. Harbor Commission feels strongly about the project, especially the bluff situation. Harbor Commission will make a recommendation to the Council. 2. On Sept. 27, Harbor Commission has scheduled a presentation from the firms with proposals for harbor study & design. Some Councilmen were there, they were very professional sub- mittals. 3. Regarding the Alaska Cultural Committee meeting. The Harbor Commission feels deep concern, the Council should be involved. The State is attempt- ing a study of wetlands within the City. If the City wishes to pursue the wetlands study, they could with a private firm. Anchorage is phase II of the study. City Manager Brighton referred to Commissioner Williams, noting that the Harbor Commission has tabled the selection of an engineering firm. Commissioner tilliams agreed, it is tabled. Also the Harbor Commission has elected not to select a coordinator. He noted they have effectively shut down the harbor project. It is in a stalemate, it is Mr. Roper's problem. Mayor O'Reilly asked if City :Tanager Brighton, Atty. Delahay and Comm- issioner Peterkin will meet with Mr. Roper? Comm- issioner Williams replied yes. City Manager Brighton explained we would feel uncomfortable without add- itional direction from Council regarding our role in this process. J "N FA r KENAI CITY COUNCIL OCTOBER 1, 1980 r Page 14 MOTION: Councilwoman Glick noted Commissioner Williams did not point out the letter from Mr. Roper to the Council, at the last Council meeting. Atty. Delahay, City Manager Brighton and Commissioner Peterkin were directed to negotiate with Mr. Roper. The next day Mr. Roper came to the office and was given a figure from the last meeting. Mr. Roper offered to sell the leases at $300,000 plus possible other costs. Based on actions of the Harbor Commission, she would like to make a motion. MOTION: Councilwoman Glick moved, seconded by Council Ambarian, to direct Administration to write a letter to Mr. Roper,*thanking him for his letter of Sept. 29, 1980, and informing Mr. Roper that the City finds his counter -proposal unacceptable. Based on his letter, the City is dropping all activ- ities relating to harbor development, design and construction. The Harbor Commission has also post- poned indefinitely the selection of an engineering firm. The City would encourage Mr. Roper to start construction. In 6 to 8 months, the City will con- sider renegotiations. The City will support, help and advise him with the harbor. City Manager Brighton noted Mr. Roper's offer was not a counter -proposal. when he left the office, he said it would be nothing less than $150,000. The letter jacked the figure up to $300,000, it is his own counter-offer. MOTION, Amendment: Councilwoman Glick, with concurrence of second," agreed to drop the word "counter" from the motion. Councilman Ambarian said we have come to an impasse between the City and the Harbor Commission, not with the City and Mr. Roper. we are all working the same way, but on different tracks. If we wait 6 to 8 months: 1. we would miss the session in Juneau. 2. we would lose on the work done. Councilman Ambarian further stated he suggests the �l r KENAI CITY COUNCIL OCTOBER 1, 1980 Page 15 new Council take a new look at the project with a ~` united approach. We are arguing with ourselves and Mr. Roper will take advantage of it. Council- woman Glick replied we are not arguing with the Harbor Commission. She added perhaps 6 to 8 months is too long a time. She would just as soon Mr. Roper go ahead with the project, if we continue to let Mr. Roper feel he is unable to do the work, he will be jeopardizing our funds in Juneau. Mayor O'Reilly asked Commissioner Williams if he had any problems with Councilwoman Glick's motion. Commissioner Williams replied he is relatively com- fortable, but not with the negotiations. MOTION, Amendment: F Councilwoman Glick moved, seconded by Councilman Ambarian, that based on Commissioner Williams' comments, we should point out the City will not accept the offer of a $1 Million contract and the $300,000 offer is also unacceptable; and strike out "future negotiations" in the original motion. Councilman Ambarian said he agrees with the facts as presented, but should the motion pass, the action will be a severe blow to hopes of the City getting the harbor developed. We need to have the Harbor Commission continue with the work. Councilwoman Glick said should the City get involved with harbor development, they will have to have a feasibility study, that would take 1-1/2 to 2 years. Commissioner Peterkin has said regarding funding from the Corps. of Engineers, we are #5 on the list. Funding will not be as early as planned. Mayor O'Reilly said the motion is to send a letter to Mr. Roper, saying in effect, "It is up to you to produce, if you don't, the City will take it up." Councilwoman Glick said we don't want to indicate we are willing to take it Up. The City has said, "It's your baby, have at it." Councilman Ambarian said he still feels we are trying to negotiate by motion. Councilwoman Glick replied that is not her intent. Motion passed with Councilman Ambarian voting no. I. PERSONS PRESENT NOT SCUEDULED TO BE HEARD Ruby Coyle spoke. Regarding the previous motion and letter to Mr. Roper. She questions whether we should thank hiss. It is not worthy of that. The City has been done badly by Mr. Roper, we should LI I Y UE KENAI P. O. FOR EEO KENAI. ALAEKA "611 ro-) TEIEVMONE 2E3 . 7E35 October 6, 1980 Mr.'R, L. Roper P. O. Box 48 Renal, Ak 99611 Dear Ift. Roper: On October 1, at a regular City Council meeting I was directed to Inform you that the City Council is in receipt Of your letter, hand delivered to me September 29, 1980, I was further instructed to inform you that your proposal to the City of Kenai for repurchase of your leases in the amount of $300,000, plus the $50,000 to eliminate the lien that has been filed against you by one of your former partners, is totally unacceptable. In addition, your offer to the City to participate with you in the development of a small boat harbor at a cost of $1,000,000 is also unacceptable. Based upon your expressed intent to proceed with this the City is at this time dropping all activities relatingjtot, harbor development, design, and construction. The City would encourage you to start construction of your development as stipulated in your leases with the City of Renal for a dock, warehouse, small boat harbor, loading ramp, and other facilities, and if at any timethe City can provide you with advice that would be beneficial to the project, it is our intent to do so. Sincerely, Tim. J. B .ghton City tianager cc: Council —.ember-,, y: 1 •.r .t THE FOLLOWING CHECKS ARE OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 12/3/80 4, VENDOR AMOUNT DESCRIPTION PROJECT/DEPARTHL T ACCOUNT CHARGE AMOUNT P.O. TOR APPAQVAL Alaska Dept. of Labor 1,311.17 3rd Quarter ESC Various ESC 1,311.17 Alaska Truck Center 1,741.91 Dump Ram Shop Repair/Maim. Supplies 1,741.91 21020 The Car Company 12,241.83 Senior Citizen's Van COA-Borough Machinery b Equipment 11,741.83 20606 C Tires Shop Repair/Maint. Supplies 500.00 21131 Jackovich Tractor 1,998.70 Cutting Edges Shop Repair/Maint. Supplies 1,998.70 20943 Marathon Oil Company 6,849.90 October Natural Gas Trust 6 Agency In Trust 6,849.90 N.C. Machinery 3,997.06 Cutting Edges Shop Repair/Main. Supplies 3,658.76 21112 Circle Shoes Shop Repair/Main. Supplies 338.30 21137 Union Oil Company 6,758.84 October Natural Gas Trust 6 Agency In Trust 6,758.84 i Water Systems of Alaska 1,590.00 Chlorinator Water Repair/Maint. Supplies 1,590.00 20498 Cal Worthington Ford 7,745•.57 1/2-Ton Pick -Up FRS -Parka Machinery b Equipment 7,745.57 21124 FOR RATIFICATION - — - Clary Insurance Agency 6,734.00 Final Audit 79-80 W.C. Various Workmen's Compensation 1,829.00 j October W.C. Various Workmen's Compensation 4,905.00 I1 Alaska Bank of Commerce 250,000.00 Cart. of Deposit-11/19/80 TCD Central Treasury 250,000.00 Alaska Bank of Commerce 250,000.00 Cert. of Deposit-11/19/80 TCD Central Treasury 250,000.00 National Bank of Alaska 200,000.00 REPO 11/24/80 Central Treasury Central Treasury 200,000.00 - ' 4 i a o-1 _ �i2 1 CITY OF KENAI ORDINANCE NO. 630-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 GENERAL FUND BUDGET TO PROVIDE MONIES FOR SITE ACQUISITION FOR A SMALL BOAT HARBOR. WHEREAS, in order to ensure availability of desirable sites of a future small boat harbor, it is necessary to secure a purchase option on certain leased lands on the Kenai River, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be made: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $25,000 n Increase Appropriations: `'� Transfer to Capital Projects $25,000 Harbor Study Capital Project Fund Increase Estimated Revenues: Transfer from General Fund $25,000 Increase Appropriations: Site Acquisition Costs $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of December, 1980. VINCENT O'REILLY, MAYOR ATTEST: t Janet Whelan, City Clerk First Reading: December 3, 1980 Second Reading: December 3, 1980 Effective Date: December 3, 1980 Approved by Finance: CITY OF KENAI �! ORDINANCE NO. 631-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 AIRPORT LAND SYSTEM BUDGET BY $17,500 FOR PROFESSIONAL SERVICES RELATING TO THE MANAGEMENT OF AIRPORT LANDS. WHEREAS, the City Council desires that the City enter into a contract with a professional consulting firm to - provide services relating to management and planning of City lands and leases, primarily Airport lands and leases, and WHEREAS, the proposed contract is for $30,000 for a one = year period, of which approximately seven months will fall in the 1980-81 fiscal year, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations in the 1980-81 Airport Land System Budget be made: Increase Estimated Revenues: Appropriation of Fund Balance $17,500 Increase Appropriations: Airport Land - Professional Services $17,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this { 3rd Day of December, 1980. VINCENT O REILLY, MAYOR ATTEST: FIRST READING: December 3, 1980 SECOND READING: December 3, 1980 EFFECTIVE DATE: December 3, 1980 Janet Whelan, City Clerk Approved by Finance Director 3 J -i i 4 - 1• CITY OF KENAI RESOLUTION NO. 80-166 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT FROM THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN THE AMOUNT OF $81,675 FOR SEWER TREATMENT PLANT OUTFALL CONSTRUCTION. .I WHEREAS, the State of Alaska has offered the City of Kenai a grant for $81#675 for sewer treatment plant outfall construction, -- and WHEREAS, this grant offer must be formally accepted by the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this grant in the amount of $81,675 from the State of Alaska is hereby accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day _- of December, 1980. ATTEST: Janet Whelan, City Clerk Approved by Finance: 4 3 . r- s' i. 1, ✓ VINCENT O'REILLY, MAYOR r ri fill UU A DEFT. OF ENVIRONMENTAL CONSERVATION /Pouch o, Juneau, AK 99811 r RECEIVED November 7, 1980 jyl� 6Y C r? AnM1N18TRA11o1r Mr. William Brighton j City Manager F ; Box 580 - Kenai, AK 99611 Dear Mr. Brighton: State Grant Offers STP Expansion, C-020077, Step 3, Phase III In accordance with AS 46.03.030, the Department of Environmental Conser- vation offers the City of Kenai a grant increase of State funds not to exceed $81,675 to be applied toward the financing of approximately 1,295 feet of 18 inch ductile iron pipe and required appurtenances serving the new sewage treatment plant constructed and EPA project #C-020077. This grant offer increases the total Step 3 grant to $792,538 which represents 12.5 percent of estimated eligible Step 3 costs of $6,340,305. This offer is expressly conditioned upon the terms and limitations contained herein, and in 18 AAC 73, and is based upon the estimated eligible project costs as itemized below: Total Estimated Eligible Project Costs 1. Administrative expenses $ -0- 2. Legal expenses -0- 3., Engineering design fees -0- ? 4. Project ispection and surveying -0- }r 5. Construction 594,000 6. Equipment -0- 7. Other -0- .T A _ Mr. William Brighton November 7, 1980 11. Total Estimated Eligible Costs $653,400 12. Less: federal financing 490,050 13. Estimated non-federal eligible costs 163,350 14. State grant = 50% of line 13 81,675 Adjustment of expenditures within the budgeted cost items is allowed, however, if actual project costs exceed the total estimated eligible costs, a revised grant applicati6n must be submitted before additional funding can be committed. If actual project costs are less than the estimated costs, the grant will be reduced to the extent necessary to comply with the percentage limitation set forth in this offer. Grant payments will be made in accordance with the enclosed payment schedule. All requests for payment must be submitted on the enclosed "Request for Payment" form. By accepting this grant offer the City of Kenai agrees to comply with the procedures and requirements contained in the Construction Grants Regulations (18 AAC 73, appended) as well as the following general and special grant conditions. GENERAL GRANT CONDITIONS 1) Contract Award & Contractor Bonding Requirements a. The grantee agrees to bid construction contracts exceeding $20,000. Adequate time, not less than 30 days, shall be allowed between the date of formal advertisement and the date the bids must be submitted. The grantee agrees that any contract awarded will be to the lowest responsive responsible bidder. b. The grantees agrees to sLbmit procedures for award of construction contracts of less than $20,000, to the Department for prior approval when means other than the competitive bidding process are proposed. C. The grantee must require the contractor to furnish performance and payment bonds in accordance with AS 36.25.010. d. If local or federal ordinances or regulations also apply to the contract award or contractor bonding requirements for this project, the most stringent requirements shall apply. e. The grantee agrees to provide ADEC with a summary of itemized bid tabulations, a copy of the Notice to Proceed, and a copy of the construction contract. 2) Project Completion The grantee agrees to provide sufficient local funding to match u State and federal grant assistance and to ensure the completion of a properly functioning project. i,. t 8 Mr. William Brighton 3 November 7, 1980 3) Titles and Easements 3_ The grantee agrees to obtain all titles and easements necessary to provide clear title or authority to construct and maintain the j proposed project. I 4) Eligibility The grantee acknowledges that disbursement of progress payments by the State does not constitute acceptance of any item as an eligible project cost until all project costs are audited and determined to be eligible 5) Inspection The grantee agrees to allow State inspections of all project work and audits of related records and data for which this grant is offered, at any reasonable time. 6) Records The grantee agrees to maintain project accounts and records which verify the grant eligibility of project expenditures. These accounts and records shall be kept apart from non -grant -eligible local records and from those records maintained for the purpose of other State or federal grant programs involved in the project. 7) Progress Reports The grantee agrees to submit periodic progress reports on the proposed project with each payment request. 8) Change Orders The grantee agrees that all project change orders will be submitted to the Department for approval in accordance with 18 AAC 73.020(d). 9) Damages The grantee acknowledges that the State is serving only as a funding source for this project and as such is to be held harmless by the grantee from any claims or damages arising during or as a result of this grant assisted project. 10) Municipal Bond The municipal official having custody of the construction account must be bonded as authorized in AS 29.23.520. 11) Grant Cancellation The grantee acknowledges the right of the State to rescind the grant and seek recovery of payments already made on the proposed project if the grant application is found to contain incorrect or misleading information or if a condition contained herein, or in 18 AAC 73 is violated. 12) Subcontracts The grantee agrees to submit project subcontracts over $10,000 and all changes to these subcontracts for Departmental approval. ,0 Mr. William Brighton 4 November 7, 1980 Special Grant Conditions None Please carefully review this grant offer, the related grant conditions, and the enclosed Regulations. if satisfactory, sign and return the original along with a formal resolution accepting the grant enacted by the Kenai City Council. Acceptance of the grant is required within six months to prevent revocation of the offer. No progress payments can be made until the grant offer is accepted. Nothing in this offer, whether or not accepted, may be deamed to constitute a contractual obligation on the part of the State until a resolution of acceptance has been submitted to the Department. The City is to be congratulated on its effort to provide this important community improvement. Erns� . �14u�ellfei Commissioner Enclosures Accepted on behalf of the by: Typed Name Title Date Signature �.T • ` - it j' CITY OF RENAI RESOLUTION NO. 80-167 A RESOLUTION OF THE COUNCIL OF THE CITY OF RENAI, ALASKA, AUTHORIZING THE AWARD OF BIDS FOR TWO POLICE PATROL CAR SEDANS TO HUTCHINGS CHEVROLET FOR $17,626 ($8,813 EACH) AND ONE POLICE PATROL STATION WAGON TO PENINSULA FORD FOR $8,742.55. WHEREAS, the Council of the City of Kenai has authorized the purchase of two sedans and one station wagon, and WHEREAS, bids were received from three firms and opened on Thursday, November 20, 1980, and were as follows: PATROL SEDAN STATION WAGON Hutchings Chevrolet $8,813.00 each $9,234.00 each Peninsula Ford 9,082.75 each 8,742.55 each Car Company 9,499.73 each 9,432,59 each WHEREAS, Hutchings Chevrolet with a bid of $17,626 ($8,813 each) is the lowest responsible bidder for the two sedans and Peninsula Ford with a bid of $8,742.55 is the lowest responsible bidder for the station wagon, and WHEREAS, while all bidders made exceptions to the specifications, Hutchings Chevrolet's bid and Peninsula Ford's bid are acceptable by the Police Chief and meet the budget requirements. IQOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, that the bid for two police patrol car sedans be awarded to Hutchings Chevrolet for the bid price of $17,626 ($8,813 each) and one police patrol station wagon be awarded to Peninsula Ford for the bid price of $8,742.55. PASSED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, this�3rd day of December, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk APPROVED BY FINANCE: ea u „Y e7Q i i ��- ��"fry �� N CH2M ')HILL en gino"�rS pl.111ners economists scientists City of Kenai Box 580 Kenai, Alaska 99611 Attn: Mr. Bill Brighton, City Manager RECEIVED Anchorage Office 1980 Denali Towers North 2550 Denali Street, 8th Floor Anchorage, Alaska 99501 gy CrM ADMINIgRAATION %;61Y OF It I Date November 14, 1980 Project No. K12720.Z2 Clent Ref. No. Invoice No. 10303 INVOICE For professional services from September 25, 1980 through October 24, 1980 regarding the Sewerage Projects Construction Services. For detail regarding this billing period refer to Progress Report No. JS. 0 Professional Services $12,494.53 Expenses 3,10420 Mustafa, Hong (minority sub) 2,136:10 ✓ Fee zIs 2,665.17 AMOUNTDUE . . . . . . . . . . . . . . . . . . . . . . . . $20.400.00 roe eve i' �,:,in ✓ ... .�.r t'i(S' �w� � �...,,....... i F •fir 07- PAYABLE ON RECEIPT OF INVOICE, FINANCE CHARGES WILL Of ASSESSED AT 1 PERCENT PER MONTH ]OR MAXIMUM (PERMISSIBLE) UNDERSTATE LAW] ON ALL ACCOUNTS OVER 30 DAYS PAST DUE UNLESS STATED OTHERWISE IN OUR CONTRACT. 4 1�; - LH2M QLHILL enl;inc•crs I�lannrrs economists ^ scientists November 11, 1980 i K12720.Z2 Mr. Bill Brighton, Manager Cite of Kenai Box 580 i Kenai, Alaska 99611 jDear Mr. Brighton: Re: Kenai Sewerage Projects ° Progress Report No. 19 During October 1980 we continued to provide design and construction engineering services for the central Kenai interceptor sewer, sewage j treatment plant, and outfali. Major progress during October is summar- L ° I [zed as follows: - Sewage Treatment Plant o Provided normal services during construction including shop _ drawing review. o Provided resident inspection by Gordon Nicholson; began orien- tation for Jim MaciarIello, new resident engineer for 1981 con- struction. o Corresponded with ADEC regarding Change Order No. 1. o Coordinated with Mustafa Hong, minority subconsultant working ` on the O&M Manual. ..°, o Corresponded with the City regarding update to the preliminary user charge analysis; Debbie Cone researched City financial records. Winter shutdown has been scheduled by the Contractor for Saturday, ''• November 15, 1980. Anchorage 011ic4 Denali Towers North, 25S0 Denali Street, 8th Floor, Anchorage, Alaska "501 907/278-2551 , 3" ? o I� 0 J, 45 Manager Mr. Bill Brighton, K12720.Z2 November 1 . , 11,180 Page 2. Interceptor 0 Corresponded with City regarding quarterly pay estimate update. 0 Corresponded with Contractor. Outfall 0 Responded to ADEC review comments by letter dated October 7. Corresponded with ADEC regarding outfall, review comments, and acceptance of proposed alignment and size. We are presently anticipating that the outfall will be advertised for construction bids In January 1981. The following table summarizes cost data for engineering services through October 24, 1980. The task designations correspond with our engineer- Ing services agreement and the subsequent amendments. Previously This Bill Total Task Authorized Bailed S. Services During $ 44,305 V1 $ 95,514 $ 40,475✓ $ 3,830 Construction C. Onsite Inspection 147,392t/ 35,963,/ 12,240 48,203 D. D3-8, E-1, 6 Special and Other 81,157 ✓ 302/ 4,330 4,632 Total $ 324,063 $ 76,740 20,400./ $ 197,140 Sincerely, 4 "J. Loren D. Leman, P.E. bja: 18a:a cc: Keith Kornells Charles Brown Gordon Nicholson v__s.__...'---'--..__59.:.-r_J.._ _a.-.__ '_'_.__._.�r;tr- ... .- ..«.._-•K.ec�_ � - ._ .... Ar, . - .. .-�;'-,-.....: ..,:. C I •• Dowling -Rice and Associates P.O. Box 1974 °o "4qq Soldotna, Alaska 9393.ft 99669 6air City of Kenai ��.r-•j, g a,8��f. c/o Keith Kornelis Director of Public Works Re; Kenai Youth Center fjp �� 1�d �Or► cite '!A&'4 ,ER .... . �. ;NAF CITY CUBIC i _ _ , p _ 'AMMAL :I.PY T(i 1 I DATE DESCRIPTION CHARGES y CREDITS BALANCE BALANCE FORWARDED ! 1124 Professional_Serv_i s Oct. 27 thru 0._5/-hxs_ "4.0,/hr $1620.00 I620.00 - oncrete/soils_test -- (1153.75xl.1) 1269.13 1269.1 reight on samples -'--- -- -- 91.86xl.1) -- - (23.75x1.1) -101.05. - - _ --26.12, 26.12 Phone charges 38.02 - copying charges --16.001 ------ ileage - I j -_ 506 mi @ .35/mile 177.10! I 177.10 BALANCE DUE THIS ST TEMENT I �247.4 i - I i 1 ri I I1 1 .1• i� ov Is CONSTRUCTION TEST LA13 INC. Materials Testing • Quality Control Soils Engineering P. 0 Box 2540 P. Box 10- 1126 N2' 1163 Fairbanks. AK 99707 Anchorage. AK 99511 456.5155 248.1333 TO Dowling -Rice & Assoc. 11/2/80 ACTL DATE JOB o.80-1468. Box 1974 Kenai Recreation Bldg._._ JOB NAME Soldotna, Alaska 99669 Kenai, Alaska JOB LOCATION TgAMr, "Interest will be charged on balances over 30 days at the rate of I.S% under S1.000 00 and 11,16 over $1.000.00." DESCRIPTION PRICE AMOUNT 9/25 1 Moisture -Density Relationship @180.00 180 00 10/2 R.T. Airfare; Anch/Kenai/Anch 0 50.00 50 00 10/2 8 Hrs. Technician Time @29/hr. 232 00 10/2 3 Hrs. Technician Time O.T. @36.25/1r. 108 75,- 10/3 R.T. Airfare; Anch/Kenai/Anch @ 50.00 50 00 10/3 8 Hrs. Technician Time @29/hr. 232 10/3 4 Hrs. Technician Time O.T. @36.25/1r. 145 00 12 cylinders compressive strength @ 13.00 156 00 Total Due This Billing $ 1153175 ORIGINAL " JI: 1; A- k (DrIwIt q .F. • cc �.,..... "., .. r. ... .•. .. PERIODIC ESTIMATE FOR PARTIAL PAYMENT EDA No. 07-11-02059.60 NAYI AND LOC ATION Of PROJECT Conotruction of Lubrication Facility and Addition to Shop Buildlnq _ - '----- •-- — MAV• aYD •OGN[SS C, .Y •A•' fOR Alaeka Boiler and Heat Exchanger Service. Inc. P.O. Box 7112 PIN enai Alaska 99611 4 1 BO ,o October 16 1f80 C 91TWAT9 oSeptember ,T PER- Of ESTIYA TE MO. FOR P►.NIO 1. CJST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY I nries must be limited to work and costs under, rile original contract oniv- r ark and cost data under change •Infers is to be shown in Part 2 of this, i, [U.I •Iumns (1) through (5). Enter data shown in columns 1. " 3. 8 and 9, it ; ectieehy, on Form En -I I I rmpared (w t' •rxractor. ( -lumns (6) and M. Show all work completed w date under original contract. C Ilumn (8). Facer the difference between entries to columns (5) and (7). r rIumn (91. show percent ratio of column (7) to column (5). CONTRACT COPPLETED TO DATE CO'w' Of OYAM T• 111 COS. PER —1�JNIf 149 TOTAL. COfT 1!1 ;N •r. t, 1.1 ....... O{T If ITEY- OESCRI►TIor ITEY VO. DY 1-1 Irl uN!:YPL[T[D fOR. 1. Relocation of Telephone 1,600.00 -0- 00% lines 2. Excavation & relocation of 3,000.00 -0- 00% waste oil tank 3. Relocation of drain lines at existing shop 1,500.00 -0- I= 4. Excavation & install drain field 4,500.00 -0- lom 5. Installation of foundation 18,000.00 -0- 00". and slab 6. Insulation of slab footing 2,500.00 -0- 1013 7. One hoist installed in floor 9,500.00 -0- IOM B. Completion of tire rack 2,700.00 -0- XOM 9. Steel Building Erection 35,100.00 -0- 00% 10. Insulation 2,700.00 -0- toos 11. Personnel Door 700.00 -0- lam 12. Installation of Air lines, 2,000.00 -0- 110134 Gas, dater, & Heaters 1,500.00 -0- lam 13. Windows 14. Completion of installation j of Doors, Tire Rack, and ' I -13- OOS Hoist. Painting 16,700.00 I f � 1 1 V r/2�yyo XK } l/- (2t/ti/-aoor+ . a7 f ' -- -- --- TOTAL Or CCST COLUYIJt E92,000.I1D j -B- 16oe •1r 'Y * t, E 1 i . Ilf.fi.:. ..._ ___..�_....._..._._. ,:tiT111/r ". �.. ._-r'!•�^,f' _.-- ��,. .-t>ry� _._.•. ..1 ...- i.sr.�-.. .. ,.Cr• .• ...-..r-...._.�-s-,:r .. SCHEDULE 1F CONTRACT CHANCE ORDERS i 1 a•o. .ndN,b ,- _,n_ .'. _ �" _•_ . n.•. , � -r1T. r I1.1_� - 1 !1'N4.' 1u. rNa. vG. ••.. I .'•R'f •.1 UNCIN lark 1 h 1 4/4/80 Installation 6 Electrical Feeder j $3,100 60 ! $3,100 PO -0- 2 /4/80 Outside receptacles h Llaste Oil 1Ift III System I 1,255 YO 1,255 �O -0-I I TOTALS $4,355 0 54,355 -0 I 7• ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE $92.000.00 (a) t1tlFinai a •nttact .iunr .Con. s • (rent of IMs term) /It-,Plu-: A. mama ,r, ho JutrJ in.olumn . shame (fj (ct Less: P. •u.tt.m- .ohrJulcJ a culun,n V .r * tJ+ •.1fNa ..—ftf ,, Jus• t s.'ANALYSIS Cf WORK PERFORMED 00 wl t..1.t •pttalcontract ..ek p. tfatmcJ W Jatr (Col. : • (mm of rm. rerwr (3) tetra .r. "I.tmvJ Ie Jam rCar. s .b...) (.1 Tonal co. rat ..Irk prr(.umrd to Jars �'ll- (J) l.w-a: Ate am rar.tlmrd to xeetJanCV with contract Sams fshorw both Portent end dollar awovnu'L: 1 -- �� ssrrUrr--NNs� (et %.I Aram: t ratfJ on contract work to dam (it AJJS Slav tiahs stated At close of this period fArath dotoNod sthedulr) (s) Ssbtotal . • fa) and (n (h) Least Ar . unt of previous payments • uu If j M MAW' DCE THIS PAt'IffiNT —rG79 M.'}� S. CERTIFICATION OF CONTRACTOR Aecordins to -he best ofNy knuwhdse and beta/, 1 certify that all items and amounts shown on the (ate of this Periodic Estimate, to Yotist P yews Afc correct-, that all work has been performed and/or material supplied in lull accordance with the requirements of the Were, •ed Cpntract, AsVor July authmtzed dtristiens. substirution-, -Iterations. And.tor sdJi[ions; that the for Itoine is a true and ever ct statement of the contract account up to and inelulins the last Jay d the tctioJ towrfed by this Peri j. li.trmalrl lbar no part • • tba "Dabsece Due This Payment" has been received, and that the und.roiford and his subcontractor. ha-1chwt6 a. LM C. nplied with all thr labor prow isions of said contract. b. -L Cc -plied wkh all the labor prow isinns of said contract taccrt in those in.tances .bete an honest Jl+rutr es iot-pith ru- ' {p Gt to ..t,J labor pre rilions. (it (.) fa tDetaw6 dwserl►, trbflr notate or dl,P.rw.) Alas6a 8oiler 6 Heat Exchanger Service, Inept' I 1 GanVIHm/ ltk� a A .e 4.rf •e Ns1 l.,80 nor, President 1 •. CERTIFICATION OF ARCHITECT OR ENGINEER ' 1 ecttif,l that• I base a 1. ckwJ and rrrifia! rhr 41— mJ f.wr1-1m1. P. n..L, li•.nm,1• t•e Itm i..l Vat m. rh.0 a. de 1,• .. r n} I i kal»t. •1[e w� ! Mhel .r u A rrvr w04 a •••w. r .r.ra m...• m wa-I ........ I ....A ". . • ..al-ps'lu,l Ia Il.. • s.al aM .w .•I,1 .u,IW.e II• •eM l.r..,,. 1 ...w..r. 1. ,. . ., . � , n. e. •n I- ,rat .nr• .,n..•w• 1.. .•.. I J. 1•raM. w. r'.la. It II/. b.•ral•tl•tm• f .r.l '•♦-.N111.• i r•. ...V ......... rat•... I,-r.I r•nor, .. �•1,• I � }.ffr.l) ' n:. I,r . IIIW .} ,n. f. .li •.r. .. 1.• flu a a.rr�. 1., • 1 .. .. . r .. 1....•. •.r w..t t.-fl.wn.. � ..• ....,.. ' � � i1a1 '•uI•}.Ila: :a what. 1 <:dnaJ_ ' JAW.— .e wodw•n ' Dam 7. PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Ch.ra fro. • h...... rrr.t.ed I ) . I"'. 'No. .1...�.,.'No.•d. t tnf .A r 1, .. .., ., t�r ...,I,... u.,rr..,,. .,:•.'1 .•+p. Ina•aa .. r. .,•,nd• ,, u•n :..� .. r. rr .. .,..u.: H•. r. wmm.m...t th. .. ntr...I, ..,a •aa_ I � that tn. �wlfu•r.•r�.hwls (. ral:y. ,r.,, ,nr , .... 1 I.a rr: �. rat rll.:h .. .., ..., .w•.. .. �� , .1. n. .. ... a,n.a rf• � � . , • - �/ ` I;IsJ m Al A.t Y un. a^.,N, it., 1 ,, n ..r . . •r.. ...v.l . ' I I 1 i ) ;r; fit~ I Kenai Peninsula Community Care Center Drawer 3573 Kenai, Alaska 99611 907-283.7635 November 26, 1980 Charles Brown, Finance Director City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Mr. Brown: This is a request for our second progress payment from the City of Kenai for our construction project. As per application for payment, the amount being requested is $29,503.00. Total Grant from City • 150,000 1st Progress Payment 55,515 Balance Dues 94,485 Balance after 2nd Payment ■ 64,982 Will you please present this request for consideration at the next Council meeting. Sincerely, Billie Hardy Director t 't ' 1 A 96minity residential treatTent progra;q for the leninsulas Youth. t .- 1 a S t' U,` I I- 1 y i ' • r 1 I 1 ' S - JI JI APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 PA6F W41 Of PADS _ TO (Owner): PROJECT: APPLICATION NO: #4 Distribution to: Kenai Community Care Center Care Center :9J OWNFR PERIOD FROM: 11-1-80 91 ARCHITECT TO: 11-30-80 gJ CONTRACTOR .. 0 /+ ( ATTENTION: CONTRACT FOR: ARCHITECT'S O Otani North Construction Co. PROJECT NO: Carmen V. Gintoli, Architect CONTRACT DATE: CONTRACTOR'S APPLICATION FOR AYMENT. Application is made for Payment, as shown below, in connection with the Contract, : Continuation Sheet, AIA Document G7o3, is attached. CHANGE ORDER SUMMARY ` The present status of the account for this Contract is as follows: •• - t' Change Orders approsed ADDITIONS DEDUCTIONS J { ORIGINAL CONTRACT SUM .......................348, 5005 in previous months by i Ownerwner (5' 400) - TOTAL w�, Net change by Change Orders ..................... $ Approved this Month a 343,100 CONTRACT SUM TO DATE ........................ S. Number Date Approved a 278,587 �_ , TOTAL COMPLETED & STORED TO DATE ........... 5 1 sitewor (5,400) >} i (Column G on G703) m�. a RETAINAGE 5 % O �o Of .total COn... 8,577 ' or total in Column 1 on G703 .. TOTALS (5,400) a TOTAL EARNED LESS RETAINAGE .................... 270,100 Net change by Change Orders The undersigned Contractor certifies that to the best of his knowledge, O LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... S 240, SO7 information and belief the Work covered by this Application for L Payment has been completed in accordance with the Contract Docu- u ments, that all amounts have been paid by him for Work for which z x 29, 503 previous Certificates for Payment were issued and payments received a �'; CURRENT PAYMENT DUE ......................... S from the Owner, anti that current payment shown herein is now due. f: CONTRACTOR•ONQTI R Co (ruction Co. scateof: Alaska 3rdcdmt�ial District PP Subscribed and sworn to before me this day o Vu" ,19 &O L + Jc gc Notary Public: Ottaa A.t c�. By: Date: �Z My Commission xpires: 4-30-81 ARCHITE , 'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED ............................. (Attach explanation if amount certified differs from the amount ppEd for.) In accordance v iih the Contract Documents, based on on -site obser- ARCHITECT: vations and the data comprising the above application, the Architect t �. certifies to the Owner that the Work has progressed to the point % indicated; that to the best of his knowledge, information and belief, By: Date: / the quality of the Work is in accordance with the Contract Docu- This Certificate is kt negotiable. The AMOUNT CERTIFIED is payable o to the Contractor ments; and that the Contractor is entitled to payment of the AMOUNT named herein. Issuance, payment and acceptance of payment are without prejudice to any CERTIFIED. rights of the Owner or Contractor under this Contract. 414 ran" rMfV7 r:711'r • APPI WATION ANn CrRT1Flr ATE FOR PAYMENT • APRIL 1978 ED171014 • AIAR • 0 1978 r+we •n+s - 1 I ' 'CONTINUATION SHEET AIA DOCUMENT G703 PAGE Of PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: Contractor's signed Certification is attached. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: i Use Column 1 on Contracts where variable retainage for line items may apply. TO: ARCHITECT'S PROJECT NO: R 4 A 8 C O E F G H I ITEM No. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED OTAL COMPLETED AND STORED % BALANCE TO FINISH RETAINAGE This Application Work in Place Stored Materials Inot in D or EI Previous Applications TO DATE fD (D+E+F1 (G'. C) IC -GI 1 gen. requirements 29,300 25,975' 2,153 0 28,128'- 95 1,172- 2 sitework 30,000 27,000- 0 0 27,000 90 3,000 3 casteinplaceconcrete 28,000 28,000 0 0 28,000- 100 0 6 carpentry 100,100 100,100 0 0 1001100• 100 0 7 roofing,insulation 18,000 18,000 0 0 18,000- 100 0 8 wood,metal,doors, windows 15,000 9,609' 0 0 9,609` 64 5,391- 9 gyp,drywall,floor 28,500 0 14,250 0 14,250- 50 14,250 10 toilet,bath acc. 1,100 0 0 0 0 0 1,100 11 appliances 8,500 0 0 0 0 0 8,500 12 cabinets 20,000 0 0 8,000 8,000- 40 12,000 15 mechanical 36,000 23,400 0 0 23,400 65 12,600 16 electrical 34,000 17,000- 5,100 0 22,100, 65 11,900 348,500 249,084 21,603 1 8,000 1 278,587� 80 1 69,913 } F AIA OC LENT G793 • CONTINUATION SHEET • APRIL 1978 EDITION • AIAO • 78 THE AMtrofAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D. 1 1 I I .,/03 - 1978 "a t , t i zW . . . . . . . . . . . . . . carmen vincent gintoll `AMA KSMOOTr a4[L architect p. o. box 3504 : kenal professional bldg. kenai alaska 99611 1 ftAT& I I (907 203.7732 TO 1-44 WE ARE SENDING YOU 0 Attached Cl Under separate cover via the following Items: 0 Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications 0 Copy of loner 0 Change order 0 s. DESCRIPTION LcS _/_ IL THESE ARE TRANSMITTED as checked below: [3 For approval 0 Approved as submitted 0 For your"useApproved as noted 0 As requested /O Returned for corrections 0 For review and comment 0 0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US • Resubmitcopiesfor approval • Submitcopiesfor distribution El Returncorrectedprints SIGNED. It Onclow,'" ant not 08 noted, h,ndly notify us tat once. f 7�' i .16 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT C702 NAGF ONE OF PAGCs TO (Owner): PROJECT: APPLICATION NO: Dictribmion to: City of Kenai Kenai CityAdministration PERIOD FROM: -1 11-1-80 M OWNER � ARCHITECT Building TO: 11-30-80 X CONTRACTOR . O ATTENTION: CONTRACT FOR: ARCHITECT'S 0 PROJECT NO: Carmen V. Gintoli, Architect Omni North Construction Co. CONTRACT DATE: CONTRACTOR'S APPLICATION FOR PAYMENT: Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. 4 The present status of the account for this Contract is as follom s: f ORIGINAL CONTRACT SUM ....................... 5 1,088,130 / 0 ' Net change by Change Orders ....... W ur 1' CONTRACT SUM TO DATE ........................ S 1,088,130 ! ; ' ! 620 903 �.: 0 „ , TOTAL COMPLETED & STORED TO DATE ........... ' i f Z u a p i (Column G on f603) ,,,,,,,,,,,,,,,,,,,,,,,,,S- 62,090 a a IRETAINAGE-0/6 or total in Column I on G703 TOTAL EARNED LESS RETAINAGE ..................5 i 558,813 813 '• i The undersigned Contractor certifies that to the best of his knowledge, LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... S 56 , 988.50 information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Docu- ments, that all amounts have been paid by him for Work for which a 101, 824.50 previous Certificates for Payment were issued and payments received us cc CURRENT PAYMENT DUE ......................... S from the Owner, and that current payment � own herein is now due. pT Y �! f CONTRACTOR: 0 I RTH onstruction Co. I State rib State of Alaska 31d d al District Subscribed and sworn to be me is 7 dat�f • ,19 aru By: Date: 1 1' Z'S ^ % O � Notary Public: �Y`O-a•e_gO� tity Commission xpires: 4-30-81 ARCHIT CT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED ........ In accordance with the Contract Documents, based on on -site obser- (Attach explanation H amoun certified diNers from the amount appl W for.) ARCHITECT vations and the data comprising the above application, the Architect certifies to the Owner that the Work has progreKsed to the point indicated; that to the best of his knowledge, information and belief, By —Date: the quality of the Work is in accordance with the Contract Docu- ments; and that the Contractor is entitled to payment of the AMOUNT This Certificate i not negotiable. The AMOUNT CERTIFIED is payable only the 4ntractor CERTIFIED. named herein. issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT • APRIL 1978 EDITION • AIA* - 6) 1978 11 +ur ...roar-..• •. ,•-. nr eor-.ntrrTc ,-in wrur vnpv arrarir w1,v sveanw•rmv---rsr• ,rwv. �;7M-1g78 y - - -I - - : J 4 CONTINUATION SHEET AIA DOCUMENT G703 PACE OF PACES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: Contractor's signed Certification is attached. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: Use Column I on Contracts where variable retainage for line items may apply. TO: ARCHITECT'S PROJECT NO: ` a.- q. .r a k A 8 C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED COMPLETED AND STORED % BALANCE TO FINISH RETAINAGE _TOTAL This Application No. Previous Applications TO DATE ID+E+FI rG=C1 IC -GI Work in Place er Stored Matials toot in D er EI 1 general requirements 93,420 85,065, 3 000 0 qw g 88 , 865- 41,340' 94 90 '. 55- 355 " 4,733; 9 ; 666• 4,134 2 sitework 46,073 41,340' 0 0 3 concrete 116,436 114,436, 0 0 114,436- 98 2,000 11,444 4 metals 176,177 153,000' 19,653 0 172,653= 98 3,524 17,265 6 wood,plastics 14,140 0 0 0 0 0 14,140 0 7 thermal,moisture 61,677 56,218' f 2,37.5- 0 58,593. 95 3,084- 5,859 8 doors,windows,hardw 58,065 6,841' 3,659 0 10,500 18 47,565- 1,050 9 finishes 163,828 32,765' 13,106 0 45,871- 28 117,957- 4,587 10 specialties 11,180 0 0 0 0 0 11,180- 0 11 equipment 1,004 0 0 0 0 0 1,004 0 12 furnishings 5,180 0 0 0 0 0 5,180- 0 14 elevator 50,400 0 0 0 0 0 50,400" 0 15 mechanical 156,150 13,600, 34,045 0 47,645' 31 108,505-• 4,765 16 electrical 134,400 4,500- 37,300 0 41,800- 31 92,600- 4,180 1,088,13 507,765 113,138 0 62fl;.903 57 467,227 62;094 AIA OOC''-"NT G703 • CONTINUATION SHEET • APRIL 1978 EDITION • AIAa • �31978 THE AMEF y+t INSTITUTE OF ARCHITECTS, NEW YORK AVE., N.W., WASHINGTON. DkAt to­ED.t It d• tl I•amrl •./oI Irnu nC, •i"''/Cf vG INI Y. 11.fa. feO..owc t•l vlfOrul..f •, unnf irla f,�.., �. PERIODIC ESTMATE FOR PARTIAL PAYMENT cal♦«ace Mo - �� MAVA AMD L,(.CAT16N Of pool _ .?t41 OiT,+ Ic'. NAAI( ANO AODR[ff of CONTRACTOR 'ZLAly j(;-S Coa.S7., J•V• oK 3i�3 ,*f.,C•4 �. pp PERIODIC 9STIMArr NO. A SO* PERIOD �9 it E--D. TO r,(0IsyV 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY .Entries must 6e limited to Rork and cost-, under the original contract only. (Work and cost data under change orders is to be shown in Pat I of this form.) Columns (1) thtou$h (S). Enter data shown In columns 1, T, ), 8 and 9, tespcctirely, on Form IED-I I prepared by Contractor. Columns (6) and (7). Show all work completed to dateundtr original contract. Column (8)• Eneet the di((Ercnce between entries in columns (5) and (7). Column (9). Show percent ratio of column (7) to column (5> 11E61 CONTRACT CO"FLETEO TO DATE or OvAMf. COST OCR Total. COOT OUAMT, TOTAL toff NO. DESCRIPTION Or ITEM ONCOOupL[T[O RORK COUP UNIT UNIT (Is (So H/ Ifl Ist 01 4" for eff f S,TF Lvo A 4 L, S, R4,94,7,70 " 7Y0)AP K Arjr S,N99A2 9C, a }"RA4 L,S IV&,.* WAO$yggq,to a11,a'�3»v 8a 3 P%vcr A. S. a9,7W,) - Al. h,*01. c. S, 40, yV940 — — -6- S Rt,-M i 1,s, is'; yg, W,Y2y /0 / t'T 'FJIT, j•',•LYSAt G,S tl971A �• — +�- A n i i TOTAL or COST COLUMS Agy,gfi, J(,,S 3.-t3-wff (oy !>qy8 G, v It 't f • 41 t. f: 1 • i I y ,.1rd1 1r....,.uA 1•,.1a1 •limo.. 1y1 U• •lu nu n•n I•r: �yl u:1. awepa••,r tl+l m rn�J .dn. so, r r r.a,ryl V uaay .,y 11 ley, Pur .fur Ar P„.1J •Y. Ya,{ •ry 1'r'llu . r 1y1 11Pyn ..rr1111'1:1 I•• PYr f,•.x 11r 11'.,3 ilr ll. r t ��' ♦♦♦ 1 M,r , r.• .,N •+ IYnnw. .nr .^11 J i.( •, r1n9. , ,1 •1'Iw•. ., Il IryX p'1. •1.1"/llln r .ryt I'• ,IU 1w 1/n...1 lyJ fYl,r..y.• +1 ,.! •r,ln., • .q, 1r•'(1 ' •l' :n ••1' •, (• ..� Lln. �(r. 1 w ,.. 1 1 nl.•II ..I , .. Jn1-1.Y,Irl. ayl lryl W.IY1J•. .i.Y It•Ir.nl)n1 1s1114„ra41,•1i'ulr:,In•.•11..I.r+MP••11.J`.,1 (N •1•ar.•/J',yI N••1.•11 `,4. WX Aw ).+ •u••J,i pur . unu ,y.'vu+wau,1 nr„rnJ Iu) .,un..wy ).. ,trpayaf .• r n•nuu, ,y, I'-"n . ,own. r•np 1 .ti 1y :o.7n•.a, a,w.rJ l' :41, 7'•Y3 833N(0113 0131A All NOIL"IJIM13010311AVd•311d'i slot) pwi.g ' •a,rP ct {'a.,Jdna tots .gtnu,n•pur ",oil•,d I o- M fls/q sill sa Pataldutol Ats,a/lna is , 1,ritY.a aqs As Pal•aw nbw PUT palrl) luaw/rd (rlifri lry, pur tsar,stlea s,us, .)•i nqs #• .,uw,a+!.ea+ qsl. aaurpso,m JIRJ us P-11IJJns m, rye paW,nJ,ad uaag .ry 1! sryl Fur .wrnl.sr g asgrmasatda, pansogsae 41np .lie Ay in FYs aw Aq Pal»d..t ua.q .ry ilrlu.tsg MPO ,,j .,yi V, P.Pnlno, j.n.,xv; ,o Pur f,o. 11r try, Imsarnwa Aq1 ay P.n1d1n• Irssasrw +o PUT pawwJ/ad 11me Jo wawairse uaina Fur "At s .f as Jaitaq Pur .dPat..ui, Aw to isaq sqs Os srgs twaiuArd Iaurd ,o) amw463 alPou.d iwoiao) par awgr aqI pa,)ua. Put pagaaga a.eq I ,ryt A)u+» I 433NION3 NO 1331INDHV 10 NOIlV:1Ii(1H"'9 Z.0-V•tiV va �•� '1'st o.5 �(• , (W,awMaWH g taaga.y M sntrttl,(1 (wnia,Iw•,1t N tag . (•NMelp it NMIr /11•,,4 Ml.a.ap •vaq..q. at (e) It) •sumsl+asd wqq pies os wads .as gslaa nsl,m VW1gp so"" as osagw saaansal asogs ul Sloss& sasnwa pin id saoulaoad +�q*f aqs Ile qW. patldWOJ � 9 •sxnwa plot to suolslAosd sogel sits IIr qua palldwo> 3'•I •s • (•ws •rsa,,.rr. s.ssO)•sssq sAlognwagng slq pas pauln)spw sqs Begs live 'passaass asaq sell „tuswded ON.I• ana 03001911,• asp Jo Bird cu scgs taiaw isS altvued still Aq psaa Aiia palsad aq, Jo Asp test sqs futpnjaut pus w do 301102ar »a,wa aql )o wawal:It taailoa Put ant/ a of Met** sqs ssq, :suoglppe so/pug •00011nagr •swlm,nsgns •suossaaap paslioglas Alnp so, put •tasn.o> p»ua,sJas aqi Jo •uasq ,suawanhbas aqt gals, saaspaoaas Itgt Of psrtddas tgsssgw io/five pawwpid evil ilea Iig lsgi tvas,oa air wawdrd ["'Jed so) 0304iO3 a1P01Hd slip to Oaf) sqs w Osogi nu.Owe pus soap lie stgs Atlu» I •tallaq Far alpalsoait Aw )o ssaq aq, os fu.pao»y 11013VII1N031 10 NOI1VII31111833'S 1t: 5)i11 cd sw su wV :sealV'IVG ill naaalAsd snetaasd )o wnowy :ssa1(g7 AA=�� rr (1) Pug (a) JO Ie03g115 (f) / (. 'r psJapssa0 a•Jrn.► risn,y) Pol»d sips 10 riots so paims, gteUatrl( cppV (1) 0 smp os itsoa sacnwa as paulea sunour 10% (a) pass.sa .atlas rut tows#$ site .ass) .gaol sasnwa qla aaarpioss of paulnal sunowy :ssa•l (P) step os pawropad ilioa to sroa tow.L (a) g (a.tea r -s•0) amp os paw,o)sad ilea uss3 (q) Z •O S La S (w/ alW la Auto• A 'soa) amp oa paw o)sad ilea sapsuaa Icutlfan )o tsa7 (r) h /' 411111011113.6 180A d0 SISA•IVNV 'p z step os mnoilm lan,uoa palsniPV IN • asogs q tiggloa 91 Palnpagas .wl».paa seal (a) 1 13 O wogs f awntoa u, palnpagas SwISI py :snid (4) vi o• g ` (a,el TM IT swy • f •Jag) teas, menuoa tr.l9.i0 (c) V 31V001 1NnONV 1DVH1NO� 031Snr0V ao SISAiVNV •c �+ flVlol •1st JA fw7OY0 iAgOOA 07i 71rifna tl7atlOYJMr.q AO C740g fM3A1 MOsarra�S70 ]ar.i 'O.. iotlrra .IO MaOrf fa fw711 aMeO 39Mgwa s0 af9i 10 L:4"W Is i tl3^+tl0 y)reMJ L]rtl+n=� fO,ga aJrCa,Na +ors. y+•1. ,,.ws r. ten ..P.1w ,.f•.- u . ; •rr( wogl SUC1AanOYI )7ibr lagtlA 1q7 it,a..a ). w•.+ t. in6.sa •rill r..+loll ni i• 111�•r +rear au• V r , .r a l.i't lrw•Jlaool fwOritaaw mono 39NVNo, lavHlNo2 io 31naws •I III N-OTICE PLEASE DISREGARD PREVIOUS IhNGE, DOCUMENT HAS BEEN REFILMED ON fOLLONING FRAME. s�. ,J i L@� F ,i t yr , _O 2.SCHEDULE OF CONTRACT CHANGE ORDERS -i• 11 ..• • h.nt. w1• .far ..I 1•r .loth' rd "•- r. y_ -.t . .. sf ft., •••v1 ADD, TN TIS TO OR•OIN AL CON TRACT INICL LC DUC TiDYa 1— 1. ... • .what on,• x.ra .h.h wJ. r., fROY COR tNAi,T T7to, COST 01 COST Or CMaM OC COMA..•/ Pah CL As SNO.N N.ft" OK;F.aa DESCRIPTION •.1 ITt allADDED ay CNANOt r)NpkN OPU[. iTt.YS CWvI,l TED to DA le ON i.NAY6L ORO NII ns No. art u•IG J >y/ KAMA gabs, o ^t%A4,;k, Lo A 1/ w1. dews ��slt y 3 AA7,)4. royak- albs, H A,7j- . 7,,a .4IEllJ�srrr�c. 37ao., TOTALS 1a,D y [�/J • J i 3. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE (a) Orlmimal contract amount (Col. a • fr.nr of this farm) yILys Q96 •Q a (b) Plus: Additiats scheduled in colmen s abort e1 U194Y1...Y (c) Latin; Deductions scheduled in eolmam b above Id).Mltu•,:d contract amount to date a. ANALYSIS OF WORK PERFORMED S 3. (a) Celt of original contrast work perfamed to date (Col. T • freat .1 m1. form) (b) Extra rock performed to date test. s .sore) $ 2 (c) Taal cost of work performed to data 4 si 3 • b ST 71 (d) loess: Amount retained in Accordance aah contrast retms (thaw soma I.re nr ses toll- —bvb8) 12Tr O (e) Keg amount earned on contract Rork to date 0 (f) Add: materials stated at close of Ibis period (AtEwe* enrolls ocAeseto) `{ (0) Subtafsl of (e) and (1) (b) Lese% Amount of pterious payments (i) BALAKE DUE TILLS PAYMENT S. CERTIFICATION OF CONTRACTOR Accerdiag to the best of my kAosledge sa3 belief. I certify that sit items and amounts shown at the fate of this Periodic Estimate for Partial Payment are correct; that all work Sias been performed andior material suyplied in fall sccordance with the rcquirtmens of the referenced Contract, and%a duly authorized deviations, substitaiarsa Altetations, sed/or additions; that the fortgoins is a true and sonnet sfstemem of the contract account up to and iecludrng the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due This PsvocAP• has been received, sad that the endersisn^_d And his subcontractors hart-fCh.ch n0•IraNr fine) . a, CE Complied with all the labor provisions of said eostaes. " It. C Complied with all fbe labor previsions of said contract except in sheet instances when sat limant dispute esists with re- spect to said Saba provisions. fit (s) to eascasab "ell" "WIF note. of IlsFwt..) By— iC-Droste tMt�eww et Araauii Ysgt.FrstM) 19 g0 Title a 6. CERTIFICATION OF ARCHITECT OR ENGINEER I cenify than 1 Rare cF<dred mad ventral the Above .ad tatsoing Peraofie Estin•-atE fro Panel P.T—,n; that to the test of my hnrn leafs and bebri a is a if., .rid cWtecr sts1c.r.t of .rah factor: ed Anil," rsaterul ,Urplrsd be the contract"; that aft awk And " material Included in this Pstlodie Estst to has bean in•prcted by me and m by my dory aushatted mpreseetstive or .ss.st.nt• .rid that it ha• been Fed.tnod anf 'a supnlicd m full as. erdance ..th "q—a—rif. a for ref-rvnce eoolt-1; and rh.t panel pa)memt claamrd .ono mifuesteo oy that eontr.ctor as euraectly computed am tits basis of aak pvmamrd avid ormatt- -rat supplied to date. Ssgaed Wsaw•i r.ssaalee) - nate 2. PRE•PAY14ENT CERTIFICATION BY FIELD ENGINEER CA,. a Ia ur I.eawr.t rrrllhr.r 1 hart .-h-h.! rho• e'tmam aeaan,t the .mist••+•Y'. 5th,, ,l..d Arrrrm,. for C-1-1 P.rrT ni.'rhe nrer• And Irf-m• rf my • 1: rhn thr rn-p . •n .•I Ihr rn• sot, a..I 'IN rynadr. rrLrr..ul -.nth t•. ih.- ar.lira rt ........... r . ; rnn••i .r Arc rat. nt ad a.•rh ryrr.7r...d a.j .a Dar. +ul. wt: rat d a- a.. �: +.. d.At eh. ,wtrad.e .. aS.. curt t1N r. ajuua acme •i thr a onm.ct, sxd IhAr the .antra.tw .hwld h p.11: h.. --.1 ray-. err t at.—.. nna that .It ...is wed :I aarrri.l• ia.J" St. c— .: t Its. tars —I—t.d by me and that at nor. Men pa tf.a,v d an; a .up. T Lit r.nJ •n •a: artaflCr: as:01?" r.Y—r 111. rt tt rMlrKl. Afwarvd 1 u I 1 w �I /Owl S 1 ,, 11 4 .. - I�Zom.er Electric A+Psoc)iation, Zrie. / f P.O. BOX 429 ■ HOMER. ALASKA 99603 ■ (907) 235-8551 Aw November 10, 1980 Mr. William J. Brighton, City Manager RECEIVED City of Kenai i� �yliU P. 0. Box 580 Kenai, Alaska 99611 6Y G(;STY ADMINISTRATION Dear Bill: In accordance with your request of October 9, and the request of four residents of Kenai dated October 1 we have reviewed - the possibility of placing the power lines along Frontage Road in Kenai underground. First of all, we fully concur with you that it would be best for the beauty of the City of Kenai to bury the power line on _ Frontage Road. Unfortunately, it is expensive to convert an overhead line to an underground line. Furthermore, other utilities have found that if they place an existing, useful, ' overhead line underground that they are then required to do this on a systemwide basis. Homer Electric would not mind placing overhead facilities underground if it were not for - the high cost of doing so. Obviously, it is the consumers who (� would have to pay this cost. It would be an increased cost with ?' no increased service. We have completed an engineering review of the job, and find that the cost of upgrade would be $60,200. This is using today's labor and material costs. The existing overhead line is still in good condition and acceptable from an operational point for several years to come. We have completed a Long Range Plan, and this Plan shows that in the future we may be increasing the voltage of that line to 25,000 volts. This will basically require a chance in insulators and transformers. The change itself is not a major one. Essentially, all existing structures would remain as they presently are. With the foregoing in mind, the Board of Directors for Homer Electric has asked that I contact you and request an indication from the City of Kenai as to how much the City is willing to contribute towards the undergrounding of that line. As soon as we hear from you, the Board will then reconsider the matter to see if there is something that we can do in the near future. I look forward to hearing from you. Thank you. Sincerely yours, HO MERASOCIATION, INC. B C BK4l: em /till. T4.112 Ir S. nr PANI.rNT o. rl,•..• N a .STV. /0.1II I[I.N[,.IE f•C Yr101'..N/ .•. •,1N•. iN.l•pN /� 8-055 _ `eL (�f. 1 � O PERIODIC ESHMAIE IOR PARTIAL PAYI/1:14r 1 r �1 / FA41 NO. .%Ave Allo I OC A NC,J or )'NOr/ t. T 1-I18DIVI3I0R ST_RF.FT IMPROVIA-IFNI'S Konni, Alankn _FIDAtGO 'NAME AVO A0VNLSS Or CO/r104C /0a QUALITY ASPIIAI,T PAVI%(:, INC. Telephone: (907) 344-8422 1711 F,ent S2nd Avenue Jlpchorp-ge, Alankat - 99507 • PEA1001C ESTIVATE NO._ 1-11 p--. / • cr4O ,- `'/ _^-/ _ t141 �• TO 7/ �/1Pt? j . I. COST OF I WK CO'dP1.E TLO 10 DATE U14PFR ORIGINAL CONI FACT ONLY 1 Entries must he tinittrl to talk ".ad 1 •Ill. mldet tbt original rane/wet only. (Toth and cost data under ahanLo orders is to he shorn in Part 2 of this form.) Columns (I) theoush (51 ruler data ahuwn in columns 1, 2, 3, 8 and 9, respectively, on Form hO.111 prepared by Contractor, 1 Columns (6) and (7). Show all walk completed to dote under original contract. ` Column (8). Enter the difference between entries in columns (S) and (7). Column (91 Show percent ratio of column (7) to column (31 { - CONTRACT COMPLETED TO OATS COST or i NO. of SCal/T/ON or ITEM OVAN Tr COST PEN TOTAL COST WANT. TOTAL CON UNCOMPLETED wOAR % COMP UNIT UNIT I 1S1 Cal on 1410 /Q got /f1 /E) Si /,)• - - 20 02 Clcarinst i Grubbintt 1.04 5000. 5,200.0 1.0 ,200.00i03(� 20 04 Unclassified Excavation 4,00 8.0 32,000.0 -0- 100 20 05 Classified Sackfill 28,0 3,0 84,000.0 19446 68,338.00 '25,662.0 69 20 06 Leveling Coarse 6.55 12. 78,600.0 78,600.0 •0- 30 02A Install Curb i Cutter, FCC 7,54 8.0 60,360.0 60,360.00-0- 30 028 Install Valley Cutters, FCC 62 8. 4,984.0 4,984.00 -0- 30. 03A Install 4• Sidewalk, 4" 3,31 17.0 56,321.0 56,321.00 -0- 30 038 Install Curb Rasps 2 100.0 2,300.0 2,300.00 -0- 40. 02 *halt Cnncreto Pavine, 3" 17.60 8.9 156,640, 156,640.0 -0- i40 05 Asphalt Prime Coat 2 200.0 .4,400, 4,400. -0- 00. 02A 10" P.C. Storm Sewer Pipe 16 21.0 3,381.0 170 3,570.0 ' . /d(. 50 028 8'r A.C. Sever Pipe, C1.2400 2,58 20.0 51,760,0 51,760,0 100 1 SO 04 Pre -Cast Manholes 2100.0 16:800.0 8 16,800.0 100 chBasins1500. 6,000. 5 7,500. '14/K.L80'SA ?6Cst onnect to 22xiat.StarmDrain - Manholes 700.0 1,400.0 2 ; SO 078 Connect to Exist.Sanitary �•` - Sever Manholes 1000.011 2.000.0( 2 2.000. 100 0 12 Sewer Service Lines 2 410.0 11,480, 24 9,840. 1.640. 5.5 ` 02A g" D.I. hater pipe, Cl. 52 26 25.0 6,575. 263 6,575. - 100 00 028 6" D.I. Water Pipe. C1. 52 2,76 24.0 66,288.0 2811.14 67:467:3 -� 102 AW ' 03A 6" Cate Valves 350. 2,100. 8 1 2 00. 400.0 '4VAf /37 100 60 03D 8" Cate Valves 400.0 400.0 y�pp 04A Fire Uydrant Assembly.Single 2500. 17,500.0 7 ii0 05 Water Service Lines, 1"Coppe 2 500. 12,000.0 20 10.000.0 2,000.0 83 ' 70 02 Adj. Exist. M/Holes-Storm S:we ISO. 600. O X D b0 70 08 Adj.Exist.M.L.Valve Fox 50.0 100.0 200.0 -0- 70 09 Adj. Exist.ltaterServ.ilev8oxes 50. 150.0 I 150. -0- 70 19 Seeding. Tyne II 59.5 0.0 2.975. 2,975.0 •0- 70 20 Sever Encasements, 20 L.P. 500. 2,500.0 - 5 2,500.0 ' 100 20 22 Furn.6Inotall Insulation - 2 6,74 0.5 3,372. 100 70 23 Rmv. Exist. Curb i Gutter 5 3.0 1.500. 500 1.500.0 100 20 19 R=v. Exist. A/C Pavement 1,52 2.0 3,050. 450 2,900.0 - 150. 95 s`,4 61 Traffic Signs 2 200. 5,200.0 5,200.0 --0- " b' 6 Street Lighting All 5000. 75,000, 21,750. 53,250.0(" 29 - 67 Painted Traffic Markings All 8000.0 8'0()0.0 8,000. --0- APPFGV1fl 11Y Cr _ f Of If / - J •.!!:f :fR ..ter---.-•-� tisl TOTAL Of COST COLUSUIS 784,93, . .36 463,182.00 VOCC-1`9 toll.-FIS I p 1 1 y 4 4 I(� T. SCHEDULE Of CONTRACT CHANGE ORDERS 4011I r1O"S toonra"At. Li.[ e.rry ch lns• w!,r n•.e l Io Jt ✓f Ih., r,gne,t <s<n -In. •,IS CO"rec.Cy ►NICe of auc f.O+S hA. Men J.me _Jet one w 0.1 weh a J,,.. IRO" TNACf ►MC# COn TRACT TOfal CO{f O► Cost Of CNInGC AS S... v Cm AM:. 0N01+ ONO,+Ire.$ oN CNa•I ;r _ Oesr NlMflq" /tt". A00..r aV CO"ntt te0 OIIOt as "a. Derr. CNaM•,e O+Otw To Oa Ta gts 1 r - -- --- • '-- Is. O W - _IX..- --"_"w . _ — _l _ _. _- _. �-_-.._-ter - r- —T' TOTALS I I I I_ L � 3• ANALYSIS Of ADJUSTED CONTRACT AMOUNT TO DATE ,fir m�F.O(l W Orisi.41 centrist amount feet. S • hoof .a rhl. r r.) (b) Plus, Adlition, sch<J.1*4 in column 4 above ___ _ • - (c) Less: DeJuctions schrJuleJ in eolun.n 6 above._ �936.�n (d) 4diu.tcd 4,a texm t Amount to dare 4, ANALYSIS OF WORK PERFORMED (al Cost of oridins) eontreet work pe famcd tedaee (Col. T. g_t of chi• core•) (b)EstrA rack perfameJtodate (Col. S .6014)� Ce) Total Cost of wwk perfoem-4 to date W) Less: Amount eeiained in acgacdanct with contract terms (Show aorh prs.nr ane ee14r .we nt)� (0) %Cc amount earned on Canceler work to date 36G&,(�$Z-- U) Add: Msrerials stored at Close of this period (Arr.ch d.1.1114 .ch-d-ts) IS)subrucal of (e)And (f) Z OgLess% Amount of previous payments (I) BALANCE DUE THIS PAYMENT A--} 9, CERTIFICATION OF CONTRACTOR '�/Z Acc"Jins cache be.g of my kao+kds. and belief, 1 certify chug all itr,r. J -.to shown an the tug. of ohs Perittdie Eaimare for Partial Payment are eacrect• chat all wont has been petformed sailor material supplied in full accordance with the requirements d% of the refelfaced Contests, sac duly authorisei derutions. substitutions. skerattats. and/er additions; that the lot e�oins is a aw and correct statement of the Contact account up to and including the lase day of the period covered by ibis Periodte Esttmme; that Ae pace of the''Balance Duo This Payment*' has been received, sad that the andersisned and his subcoarracc rs have-(Chova Ap114861. tray a, © Complied with all the tabor provisions of said cartilage. b, 0 Complied with all the labor provisions of said eanrrue escape is those instances where an bosesc dispute oaists with Is- spset to said tabor provisions. (tf (A) is CAashoe. ascribe lrhify mahrre N Alleluia-) QUALITY ASPHALT PAVING. INC. By (cent ..c«) ' art jG011. Hayes,Jr:November 2A- .1980 Titlresident g. CERTIFICATION OF ARCHITECT OR ENGINEER •4 1 certify that 1 have checked And verified the above and fcresoins Periolie Estimate for Partial Payment; char to chat best of my keasl<t`e and belief is is s true anJ carte, scicement at work performed and/or material supplied by the ccautArcor; that all wori and rot matgr.al incltrded in this Periolic Estim— has been inspected by me sd/or by my dutY smharite•S reptesemrcive of Aa ;.cant• and clut it has been dormed Anf/a supplies in full accordance wNh requirements of the reference eontrsc , ad tfia p1^id ppAAymeet etaimed �ce•;s• red by ehe c,nrucrw is cot e:tly eomp,W ern the basis of wwk Ferf-m J and/ac mane- risl.u;ptisJceda� / Ff//is, W,,�[+YA= tAr t « s• ; se T. PRE-PAYMEN. CERTIFICATION BY FIELD ENGINEER C., s tt►- .f ►.,' 1 ... Itt f: C ei, r•e rs.in.t tF comers tw1 3.h_.y,l. of AmaDar. Iw Crnfr..r PAy.�.•rr •, tF- n•rte. a,! r,;• rt..l :err m.;. cti.a•. of t'w {.eject. An_ ihr;cr:odi rep". scb •..tug! by the archa<ct ers:ng ere tr Is mar o;ie..:a tS.It [.cr ate.:---r er war. )•.rf.n.-te! anlS'w mr<:ials sv•ylr. t is ac—I.e, that the ea fra.rw Js oh.:rrinS Ot rcq„r--,To•. of tF�c fat::..•, ar I rh ,t [rte c r..r,et•x rfi r,1! br ps:l tr.e A:f.I.nt re•;u.teJ Af—C. f-P.4 )Z e✓/$r. 1 ce:t:!y thlf aft : : a+ltor msvri.f. unt.r the r.ntnrt has be-n j.,,.rrt by re ant that m hs. bean;erf.r l arl �w sup- l?t,ll . c••• r, . vi•h tt. rr;,lr; -ten•. of th, u.gz_ DC..rr... f. I CITY OF KENAI Oapdal 4 r4, ad4a _ /. O. BOX $80 KENAI. ALASKA 99611 TELEPHONE 9E9 • TE:b November 19, 1980 Federal Aviation Administration Contracting Officer 701 'C' Street, Pouch 14 Anchorage, Alaska 99513 Dear Sirs Enclosed are two (2) original copies of the Amendment to Lease covering the period December 15, 1980 to December 14, 1981 for the areas leased in Kenai Municipal Airport Terminal Building, This Amendment to Lease is a one year extension to lease with no change in lease rates for this period. Lease rates for this period are: AREA RATE ANNUAL CHARGE Room 88....................560'.....$.86.....$5,779.20 Room#9....................260'.....S.86.....52,683.20 Flight Station........... 1,2451.0000$.86.0.00S12,848.40 Stairway.............���,..120'.....5.86......S1.238.40 $22,549.20 Please sign and have notarized both copies and return to me for approval by Kenai City Council. At that time one (1) copy will be returned to you for your files. Sincerely, vv YTm. J. B �hton City Manager Enclosure PIJB: kh r AMENDMENT TO LEASE That certain lease contract between the City of Renal and the United States of America, represented by the Federal Aviation Administration, Alaska Region, Contract No. DOT-PA67AL-5272, including Supplemental Agreement Nos. 1 through 7, dated October 15, 1966, is hereby amended to reflect that, in accordance with Condition 9, as amended, of said lease, the lease rate has been renegotiated for the following areas as'outlined belows 1st Floor Equipment Room No. 8s 560 sq. ft. at $ .86 sq. ft./Mo. - $ 481.60/mo. or 560 sq. ft. at $10.32 sq. ft./yr. - $ 5,779.20/yr. Office Space No. 9s 260 sq. ft. at $ .86 sq. ft./mo. - $ 223.60/mo. or 260 sq. ft. at $10.32 sq. ft./yr. - $ 2,683.20/yr. 2nd Floor Plight Service Stations 1,245 sq. ft. at $ .86 sq. ft./mo. - $ 1,070.70/sio. or 1,245 sq. ft. at $10.32 sq. ft./yr. - $12,848.40/yr. Flight Service Station Stairways r 120 sq. ft. at $ .86 sq. ft./mo. - $ 103.20/mo. or 120 sqo ft. at $10.32 sq. ft./yr. - $ 1,238.40/yr. The term of this Amendment is for the period beginning December 15, 1980, and ending December 14, 1981. All of the above lease rates include janitorial service. All other terms, conditions, t ?� and covenants of the lease contract and supplemental agreements as described above, including the provision of Condition 9, remain in full force and effect. r -� CITY OF Komi � I BYs ! Wm. J. Brighton - - City Manager CITY O: KENAI :r i t 1 H December 1, 1980 Honorable Terry Miller Lt. Governer, State of Alaska Pouch AA Juneau, AK 99811 Dear Terrys With Council concurrence, we wish to emphatically support your appointments to petrochemical overview committee. Your action demonstrated balance, quest for excellence, and obtaining of persons with a record of capable per- formance. We particularly seriously resent unjustified criticism of Mrs. Kay Poland. She has outstanding record as a State legislator, Statewide office candidate and is a highly respected member of this community. Having rep- resented Kodiak, her conservation background is real life experience based, compared to critical voices of elite, unaffected diletantes. Mrs. Poland accurately reflects this city's balanced opinion on development and conservation. We have confidence in her objective- ness and courage and unfounded unwarranted attacks against Mrs. Poland will be considered insults to the determined judgement of this community and will be answered in kind and in sufficient measure. Please remain steadfast in your judgement. Sincerely, Vincent O'Reilly Mayor, City of Kenai NIGHT LETTER It era, CITY OF KENAI P. 0. BOX 580 - KENAI, ALASKA - PHONE 283-7535 - — — _ To Councilmembers ,III FROM• Kim Howard, Admin. Assistant DATE December 2 80REFERENCE Councilmembers, Prior to sending the enclosed Questionnaire to every tenth person on the City of Kenai's Voter's Registration List, Mr. Brighton would like to know if you have any additions or deletions. ,A cover letter will accompany the Questionnaire. 1 � 0 QUESTIONNAIRE How well do you think the City performs the following functions. Please check the appropriate blank in each category. Very Good Good Average Poor Very Poor (a) Providing Water Services (b) Providing Sewer Services (c) Police Protection & Traffic Control (d) Adequacy of Municipal Airport Facilities (e) Library' Services M Fire Protection '(g) Animal Control (h) Parks & Recreation (I) Street Maintenance (j) Emergency Medical Services (k) Senior Citizen Services 2. Have you ever called City Hall with a citizen's complaint? Yes No (a) If the answer to Question No. 2 is yes, were you Yes No satisfied with the results of the call? (b) If the answer to Question 2 (a) is no, please explain why. 3. List by piiority which of the following five categories are the most important to make improvements in. Place a No. 1 in the most important, a No. 2 in the second most important and so on until you have identified five areas that need improvement. (a) Senior Citizen Services (b) Emergency Medical Services (c) Street Paving (d) Street Upgrading (e) Additional Parks W Improvements in existing Parks (g) Animal Control (dogs, eats) (h) Fire Protection (I) Library Services (j) Airport Facilities (k) Extend Grater Services (1) Police Protection (m) Extend Sewer Services 4. If it were possible to cut local taxes, list your preference by placing a No. 1 in first choice, a No. 2 in second choice, and a No. 3 in third choice. Personal Property Tax Sales Tax Real Property Tax 7 ' I Questionnaire Page 2 5. If it became necessary to raise local taxes, list your preference by placing a No. 1 in first choice, a No. 2 in second choice, and a No. 3 in third choice. Real Property Tax Personal Property Tax Sales Tax 6. On a comparison with other states, do you feel your Lower Higher About the Same taxes are higher, lower, or about the same as other states. (Check the appropriate blank.) 7. Do you consider industrial development for your Yes No community a legitimate Municipal endeavor? S. 'Would you like to see more industrial development Yes No for Kenai or the surrounding area? _ 9. Do you think Planning and Zoning is a detriment or Yes No an asset to the City of Kenai? _ 10. If the City of Kenai were to receive $4 Million from the State of Alaska for capital improvements and you had to make the decision on where the money was spent, how would you prioritize the spending based on the following categories. (Place a No. 1 in your first priority, a No. 2 in your second priority, etc.) (a) Library services and facilities (b) Park and Recreation services and facilities (c) Extend Sewer and Water Services (d) = Upgrade roads (e) Police Protection (f) Fire Services (g) Other (Explanation: ) 11. For many years there have been discussions about the possibility of a small boat harbor in Kenai. Would you support the construction of a small boat harbor in Kenai if 90Z or more of the construction costs were provided by the State of Alaska? Yes No Don't know CITY OF KENAI ►. 0. SOX 580 KENAI, ALASKA 99611 M1141001E 2$3 • 705 December 1, 1980 T0: Council FROM: Vincent O'Reilly !� Mayor RE: Meeting of Mayors and Managers Called by Borough Mayor, 10:00 AM on December 10, 1980 at Borough Building Listed below are some matters which could be brought up for discussion. Please review, offer any views you wish expressed and add any other items desired. I. Planning & Zoning - Platting procedures Local Roads & Trails Industrial Development Effects II. Ports & Harbors ,I I. Borough Participation - Flood Insurance IV. Fire Service Districts V. Coastal Zone Management - VI. Community Hospital Service Procedures VIZ. Co -Ordination of Juneau Lobbying Efforts VIII.Kenai Central High School Auditorium Related to Soldotna High, Soldotna Ice Skating Facility and a Kenai Culture Center = ' - VOR: jw Tf 111 k I � I � f ' i e ivf E o«te or iiasca s TO: Kenai Wetlands tlorking Group DATE: November 24, 1980 (Distribution list attached) o FILE NO. TELEPHONE NO: 465-3540 <� <7 FROM: Murray R. Walsh, Coordinator �,�, SUBJECT: hiOA for City of�k) Office of Coastal Management Kenai Wetlands to Project Attached is the third draft of the Memorandum of Agreement (110A) for the • City of Kenai Wetlands planning project. The revisions incorporated in this draft are based on viritten comments submitted by the U.S. Fish and Wildlife Service, the national Marine Fisheries Service, the Alaska Departments of Fish and Game, Natural Resources, and Environmental Conservation. The commentors suggested numerous changes to the second draft. A major concern was that the points of agreement under the MOA be made clear: A second major -concern was that the explanatory and introductory material be clearly identified;as such.- To accommodate these two concerns, vie have reorganized the 140A. The preamble outlines the background that has given impetus to this project. The NOA is still divided into two parts, corresponding to the two phases of the project - data collection and planning. Notoever, under each of these parts the introductory material has been drawn together. Please let us know, as soon as possible, if there are any remaining problems with the HOA so that we can work them out. Please call me or Amy Kyle of OC44 staff at 465-3540. The deadline for commitment by the agencies to sign the140A is December 15. We will be providing the Coastal Policy Council with a full report on the progress of this project at its meeting in Anchorage on December 16 and 17. We also expect to meet with the City of Kenai Council on December 17. Vie look forward to continued cooperation with all agencies in arriving at a mutually agreeable HOA and appreciate the past efforts of all agencies. cc: tir. Robert McVey, Director, t•SidFS Mr. Keith Schreiner, Area Director, MIS tor. James Sweeney, Director, EPA A00 Col. Lee Nunn, District Engineer, COE Commissioner dueller, ADEC Commissioner Skoog, ADFG F: �J � f r Kenai Wetlands Working -Group Distribution List Lance Trasky, Alaska Department of Fish and Game, Anchorage Debra Clausen/Bill Donaldson, Alaska Department of Fish and Game, Anchorage Glenn Akins, Alaska Department of Environmental Conservation, Juneau `Rikki Fowler, Alaska Department of Environmental Conservation, Anchorage 1 :a Roger Allely, Alaska Division of Geological and Geophysical Survey, Anchorage Ike Waits/Carol Wilson, Alaska Department of Natural Resources, Anchorage Larry Reeder, U. S. Army Corps of Engineers, Anchorage Bill Lawrence, U. S. Environmental Protection Agency, Anchorage - Robert Bowker, U. S. Fish and Wildlife Service, WAES, Anchorage Jon Nickles, U. S. Fish and Wildlife Services, WAES, Anchorage Nancy Hemming/Brad Smith, National Marine Fisheries Service, Anchorage Mark Stephens/Roger Maggard, Alaska Division of Community Planning, Anchorage William Brighton, Manager, City of Kenai Vincent O'Reilly, Mayor, City of Kenai I Gary Davis, Kenai Advisory Harbor Commission i Phil Waring, Planning Director, Kenai Peninsula Borough, Soldotna Kramer, Chin and Mayo, consultants to Kenai Peninsula Borough Lisa Speer, National Wildlife Federation Jim Caruth, U. S. Army Corps of Engineers, Anchorage Stan Thompson, Mayor, Kenai Peninsula Borough, Soldotna w� Jim Sweeney, U. S. Environmental Protection Agency, Anchorage ,z � I f. . r , j R Third Draft Memorandum of Agreement Prepared by OCM 24 November 1980 Memorandum of Agreement for Kenai Wetlands Planning Project between --- Kenai Peninsula Borough City of Kenai U. S. Army Corps of Engineers U. S. Environmental Protection Agency U. S. Fish and Wildlife Service National Marine Fisheries Service Alaska Department of Environmental Conservation Alaska Department of Fish and Game Alaska Division of Policy Development and Planning i` i { i I j � This Memorandum of Agreement (MOA) is between state and federal agencies with authority over wetlands within the City of Kenai, as outlined in Attachment A, and the local elected governments of the City of Kenai and Kenai Peninsula Borough. This MOA formally commits the signatory parties to agree on a work program, participate in the development of a wetlands management plan for the wetlands within the City of Kenai, and to use the plan as the basis for permit review decisions. The project outlined in this MOA is sponsored and funded through the Alaska Coastal Management Program, which includes the Kenai Peninsula Borough, the City of Kenai, and the State of Alaska. Preamble Wetlands are resources of local, state and national concern and have been recognized by the U. S. Congress as possessing important ecological and hydrological values. The U. S. Congress has mandated, through Section 404 of the Clean Water Act, that important wetlands values and functions be protected. Congress has required that federal permits be obtained for discharge of dredged or fill materials to many wetlands. A high percentage of the land within the City of Kenai is wetlands and fails under the federal jurisdiction of the Clean Water Act. There is currently pressure and need for development within the City of Kenai. Under the 404 permit program, conflicts over the proper management of the wetlands within the City of Kenai have emerged. The federal regulatory program offers little opportunity for resolution of conflicts and exploration of alternative ways to accommodate develop- ment while preserving the important functions and values of wetlands. A cooperative planning process, based on information on the resource values of the City of Kenai wetlands, and involving all interests, has the potential to balance resource and development needs and resolve conflicts. A plan for management of the City of Kenai's wetlands de- veloped under a cooperative process could provide the following benefits: 1. Greater predictability and certainty in the permitting process. 2. Shorter reveiw periods for individual permit applications. 3. Identification of any areas within the City of Kenai"where certain kinds of development could proceed under general permits under the 404 program, where such development would be appropriate and compatible with the needs of the City of Kenai. 4. Accommodation and appropriate siting of the primary development needs of the City of Kenai through the planning process. -2- ..._ .....�.�•��+. r.R-�:��.. aJ r' X'.s+.'�^'4..:T�Lrt1. �1✓.f1�/f���l.V :��: I1/r�f:�.l.I)#O\MA/.�.uYII �M�Ti�.�. r • o Minim r r 5. Assurance of protection of high value natural resources. 6. Potential for local government to use the plan as the basis for a program of compensation to owners of wetlands that are recommended for protection. Compensation could be accomplished by direct payment, tax relief, land trade, or other means. The goals and benefits of this project are consistent with two of the primary goals of the Alaska Coastal Management Program: protection of important wetlands values and functions, and resolution of conflicts between competing uses of the coastal zone and different layers of government. The Kenai wetlands planning project will include two phases, which may overlap in time. Phase One will involve the collection and analysis of data on the Kenai wetlands. Phase two will consist of the planning and conflict resolution process. Phase One: Data Collection 0 Introduction Each of the state and federal agencies that are parties to this MOA has specific authority and responsibility for making determinations about wetlands values during the 404 permit review process. The Alaska Depart- ment of Environmental Conservation also has specific authority for determinations under the subdivision approval regulations. Information needed for these determinations has to date been obtained on a case by case basis from applicants and through agency investigations. Before agencies can participate in a planning process, each agency must have a means of obtaining basic information about the wetlands functions and values that fall under its jurisdiction. One of the purposes of this project is to obtain this needed information. An interagency working group has identified the topics for which information is needed and agreed upon work plans to provide this information. Ecological and biological values, hydrological values, and water quality values are addressed. Points of Agreement: 1) The Alaska Department of Fish and Game agrees to carry out the work outlined in attachment B, pertaining to use of the City of Kenai wetlands by mammals, birds, and fish, with funds provided by the Alaska Coastal Management Program (ACMP). 2) The U.S. Fish and Wildlife Service agrees to carry out the work outlined in attachment C pertaining to habitat values of the City of Kenai wetlands, using funds made available by the U.S. Congress. 3) The State of Alaska agrees to see that the work outlined in attachments C and D pertaining to the hydrological and water quality values of the Kenai wetlands respectively, is carried out, with funds provided by the ACMP. -3- A I wl 4) The U.S. Army Corps of Engineers agrees to map the areas that fall under its jurisdiction for individual permits. 5) The four entities mentioned in points 1-5 further agree that results of these studies will be made available to the planning group by January 15, 1981, in a format that the group specifies. The agencies will regularly inform the City of Kenai and the Kenai Peninsula Borough of their activities and assist in preparing materials needed for a public information program. 6) The state and federal parties to this 140A agree that the information to be supplied through studies outlined in this part (supplemented as desired by an information obtained by any agency using its own resources) will be sufficient for the purposes of the planning process outlined and agreed to in this MOA. All state and federal parties agree to participate in the planning process on the basis of the information available at the completion of studies outlined in this MOA, unless the planning group mutually agrees that collection of additional data is required before planning. Part Two: Planning Process Introduction The planning process to be followed by the parties to this MOA is intended to resolve conflicts over management of the wetlands of the City of Kenai. The process must incorporate and balance competing interests. The goal of the process is to achieve a plan acceptable and implementable by all parties to this MOA. Points of Agreement: 1) All parties agree that Kenai Wetlands Planning Group, consisting of one representative and one optional alternate from each party to this MOA, will be convened within 30 days of the signing of this 140A. The group will undertake the project outlined herein and as further defined by the group. Each representative and alternate shall be appointed directly by the person who is empowered to sign this MOA. 2) All parties agree that the Planning Group will define the role of a consultant to coordinate and mediate the planning process. The group will undertake steps necessary to hire the consultant. 3) All parties agree to employ their discretionary powers to reach agreement on a plan and agree to participate in negotiations and mediated sessions, if necessary, to this end. 4) All parties agree that specific agreements in the planning process will be made by consensus, meaning that no decision may be adopted while any one of the parties to this 140A objects to it. In cases where disagreements must be mediated, each party will participate -4- - .1 in the consensus in terms of the legal authorities addressed in attachment A. 5) All parties agree that the Planning Group will complete its tasks in a sequence and under a timetable agreeable to all parties. 6) All parties agree that the full involvement of the public, private interest groups, and other government agencies with responsibilities relevant to the study area will be provided for at every stage. The Planning Group will incorporate and address as many concerns as possible and advisable, to address legal authorities in addition to those contained in this MOA. 7) The state and federal parties agree that every reasonable attempt will be made to accommodate the development needs of the City of Kenai, within the limits of law. 8) All parties acknowledge that, as provided by Section 404 (b) of the Clean Water Act, discharge of dredged or fill material in wetlands under federal jurisdiction can be provided for in the plan only when it can be demonstrated that there are no practicable alternatives and that there would be no unacceptable adverse impact on aquatic resources. 9) The state and federal parties agree that there will be no moratorium or delay that would not normally be allowed in 404 permit reviews during this project. 10) All parties agree that the wetlands management plan will provide the basis for resource use decisions. Permit applications will be reviewed for consistency with the plan. Those activities which are consistent will normally be approved while those that are not consistent will normally be denied. The plan by itself will not provide the legal authorization or denial of any regulatory require- ment or supercede other legal authorities. 11) All parties agree that the wetlands management plan will include procedures for amendment. 12) All parties agree that the Planning Group will undertake the tasks included in the following list. The Group may alter the tasks, through consensus decision. The Planning Group will: 1) Prepare and adopt a public participation program. 2) Define the format for presentation of information on resource values collected pursuant to this MOA. -5- 3) Determine the criteria for identification of planning units for the Kenai wetlands ariu divide the Kenai wetlands into such units as advisable. 4) With available information, develop criteria for assessment of the relative resource and natural values of the Kenai wetlands. 5) Classify wetlands within the City of Kenai into categories of natural value, according to the criteria developed in step five. 6) The City of Kenai and the Kenai Peninsula Borough will identify, through public involvement and the local decision -making process the land use needs of the City of Kenai. The City will indicate which projects it believes to be water dependent, water -related, or not water related. 7) Identify areas of the Kenai wetlands for which development m needs identified by the City of Kenai can be located when no practi- cable alternatives to development in wetlands exists. 8) Prepare recommendations for appropriate management of the Kenai wetlands. 9) Prepare detailed recommendations for enactment of the plan by the public and local state and federal agencies including how and to what extent federal and state agencies will use it in the permit reviews. 10) Develop mechanisms for amendment of the plan. -6- 1: - ATTACHMENT A LEGAL AUTHORITIES OF PARTIES TO THE MOA The parties to the Memorandum of Agreement for the City of Kenai Wetlands Planning Project have specific legal authorities that are, as a minimum, to be addressed during the planning process. U. S. Army Corps of Engineers - Under Section 404(a) of the Clean Water Act (P.L. 92-500, amended by P.L. 95-217), the U. S. Army Corps of Engineers, acting in Alaska through the District Engineer, is empowered to administer the federal program for regulation of discharge of dredged or fill materials into waters of the United States and their adjacent wetlands. The Corps of Engineers (COE) is to consult with the U. S. Environmental Protection Agency (EPA) in its determinations and to apply the guidelines developed by the EPA in its decisions. Under federal regulation (33 CFR 320 and 40 CFR 230), the COE is to conduct a detailed review of each project and to consider many different factors. The COE is to conduct a public interest review. The COE is also to solicit and consider the comments of the public and of other agencies. U. S. Environmental Protection Aaenc Under Section 404(b) of the Clean Water Act, the EPA is responsible for preparing guidelines to be applied by the COE in its decision on permit applications. Under Section 404(c), EPA is authorized to prohibit the specification of any area as a disposal site, if certain conditions are met. EPA is also authorized to apply guidelines developed under 404(b) and to consult with the COE on the outcome of their application. EPA must consider numerous factors related to the needs for a proposed project and its probable impact on aquatic resources. U. S. Fish and Wildlife Service Under Section 404(m) of the Clean dater Act, the U. S. Fish and Wildlife Service (USFWS) may issue comments to the COE on proposed projects requiring a 404 permit. Under the U. S. Fish and Wildlife Coordination Act, "whenever the waters of any stream or other body of water are proposed or authorized to be impounded, diverted, the channel deepened, or the stream or other body of water otherwise controlled or modified for any purpose . . . under federal license or permit, such department or agency shall first consult with the USFWS . . . with a view to the conservation of wildlife resources by preventing loss of and damage to such resources . . . ." Alaska Department of Environmental Conservation - Under Section 401 of the Clean hater Act, the Department of Environmental Conservation must certify that the discharge will not violate applicable provisions of the Clean Water Act, state water quality standards, or y f� 1 " I i - 1 1 L I. j.� n applicable state law. The conditions contained in the certification by } ADEC become conditions to the COE permit, if granted. Under Title 46, Chapter 3 of the Alaska Statutes, as implemented by Title 18, Chapter 72.065 of the Alaska Administrative Code, ADEC must approve subdivisions and may attach necessary conditions to approved plans necessary to achieve appropriate provision for wastewater discharge. Alaska Division of Policy Development and Plannin Under the federal Coastal Zone Management Act of 1972, as amended, Section 307, no federal license or permit may be granted for a project within the coastal zone of a state with an approved coastal management program without the state's certification that the project is consistent with the state program. The Alaska Division of Policy Development and Planning (DPDP) currently provides this certification from the state, based on review of the standards of the Alaska Coastal Management Program and any applicable district program. Alaska Department of Fish and Game Under the U. S. Fish and Wildlife Coordination Act, the state agency responsible for wildlife management, along with the USFWS, is to submit comments to the COE on the probable effects of proposed projects for which federal permits are required on wildlife. Kenai Peninsula Borough Under Title 29 of the Alaska Statutes, the Kenai Peninsula Borough may adopt zoning ordinances that restrict "land use, building locations and size . . . the percentage of a lot which may be covered, size of open spaces, population density and distribution (29.33.090(b)). City of Kenai The Planning and Zoning Commission of the City of Kenai has been delelAgated the power to prepare zoning ordinances and comprehensive plans by the Kenai Peninsula Borough. Approval of ordinances and plans is by the Borough. October 23, 1980 City of Kenai Box 580 Kenai, Alaska Mr. Bill Brighton, City Manager After having reviewed the Kenai Comprehensive Plan and the Land Disposal Plan, Section 36 by R.W. Thorpe an Associates and after discussion of t e�'s land disposition problems with the Sec- tion 36 committee, Members of the Planning and Zoning Advisory Commission and the City Administration it has become obvious that these problems are very complex and result in a great expense to the city in terms of consumption of employee resources, lost cap- ital revenue, lost tax revenue and inordinately high cost of City services. Professional management of City lands could result in alleviation of these conditions and might provide the city with the means to lower taxes without a reduction in services. We have enclosed a rough draft of a preliminary proposal to per- form this function for the City of Kenai. Although the princi- pals of the new consulting firm are liscensed to act as a broker- age that may receive real estate commissions, no such relation- ship is proposed. The firm would act objectively to the City's benefit as its consultant/agent. Mr. Framstead and I will be , available to attend the Council work session scheduled for October J 29 should you wish to discuss this proposal or any aspect of Lands Management. _ Sincerely, Jerry Andrews Enclosure JA/cr J _ _ 1 Preliminary Lands t4anaciement Proposal for The City of Kenai Professional oversight of the sale, lease, exchange and acquisition of City land- would acoomplish expeditiously and inexpensively a number of goals identified by the residents, Administration, Council, Committees and Caimissions: 1. Improve the effectiveness of City lands management. 2. Renove the burden of managing lands from current City employees. 3. Increase the amount and predictability of portfolio inane to the City. 4. Encourage development of City arced lands to increase the tax base. S. Encourage infilling to decrease the costs of services per capita. Scope of the work proposed. Note: Although the consultant has the experience, educational background and resources to perform all activities suggested for the City Lands Manager as identified in the Kenai Catprehensive Plan, only a number of results and activities are discussed in this preliminary proposal; there should be no inference drawn that the activity need be limited to only those items discussed in this proposal. The preliminary'proposal defines areas in which results could be achieved and approximately at what costs. Real Estate Leases: Insure that all lease applications are completed in a proper manner. Accept lease applications and prepare reports/reac$mendations for Commissions and Council, where appropriate. Review and/or execute lease do=rents. Establish an effective means for identifying, in a timely manner, those leases %bich are to be redetermined/renegotiated; to order appraisals to determine value and inipla:r_nt redetermination/renegotiation. Real Estate Disposition: Conduct a market analysis to project absorbtion, annually. k rwl '4 Develope an annual marketing plan and capital improvements and land use planning reamm wxidations where appropriate. Solicit proposals to implement marketing plan from Real Estate offices and submit to Council. Order and review appraisals to affect new leases or disposition. Review "Offers to Purchase" and make recommendations prior to City acceptance. Perform a quarterly evaluation of the effectiveness of the marketing plan and disposition policy. Make additional recommendations and implement changes. Make a limited number of presentations to the Council, Camdssions and the public. The cost of perfonning the services as delineated herein would not exceed $30,000 annually. All services would be performed in a timely man=. Staff Credentials: Mr. Scott Framstgad Fducational Achievements: UNDERGRADUATE STUDY: Business Courses Act. —canting I & II Economics I & II Business Taw I & II Marketing Statistics Personal Management Management Principles and Practices Real Estate Courses Real Estate Principles Real Estate Law Real Estate Appraising Real Estate Financing GRADUATE STUDY: Real Estate Taxes Land Economics Comprohensive Planning and Applied Sciences :-Wmgem=t Science Seminar in Varketing Cities in iiistory-;;cw Tcwns Source of Program Funding and Preparation o: Grant Proposals Introduction to Business Financial Management Administrative Policy Social Issues in Business • Organizational Theory Incr me Tax Quantitative Methods in Management Real Estate Investment Analysis Property Mangan nt Advanced Real Estate Appraising Urban Sociology Land Laws Advanced Real Estate Livestn-,nnt Analysis Social Iinpact of Land Developwnt Organizational Theory and Behavior 4)pliod Statistics iWern Investrent Practices housing-,Vmlysis of r:�-eds, krail- abilit.1, Wsign and Financing a .. :r r rA r Mr. Framstead expects to oanplete all requiraments for the Master of Science Degree in Real Estate by December, 1980. Mr. Jerzy Andrews �• Professional Achievements: Prior employAmt as a Planning Technician. Enplcyed in the Real Estate Brokerage business for the last 10 years. Has taught a variety of Peal Estate workshops and seminars. Educational Achieveaentss Sane iasdergraduate study involving: Ownamics, Accounting, Real Estate Law, Business I" and Geology. __ft II Professional Educations wbrkshop in Real Estate Syndication - Course I i Advanced Topics in Real Estate Syndication Structuring an Apartment Syndication ? Drafting Private Placement Memorandum D=mrntation Land Syndication FUndamentals of Real Estate Investment and Taxation The Art of Real Estate Counseling Instructor Development Ubrkshop Closing the Sale Personal Estate Planning A variety of seminars and workshops dealing with selected Real Estate topics. r) IN L November 26, 1980 CITY OF KENAI %6d Caul a j 4" „ P- O- •OX 90 KENAI, ALASKA 99611 TELEPHONE 455 - 7535 TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Director of Public Works SUBJECT: What's Happening Report for City Council Meeting December 3, 1980 SHOP ADDITION Alaska Boiler and Heat Exchanger Service, Inc, has completed this project. They have submitted their as -built drawings and their parts and service manuals for the items in the building. Final payment comes before Council at this upcoming meeting. SEWER TREATMENT PLANT EXPANSION This project has been shut down for the winter months. SEWER INTERCEPTOR LINE There has been no change on this project since the last report as this project has been shut down for the winter months. SEWER TREATMENT PLANT OUTFALL LINE The City of Kenai has received a DEC Grant for this Outfall Line. There is a Resolution accepting this grant coming .before Council at this upcoming meeting. Plans are underway for bidding this project early this spring. 1980 KENAI MUNICIPAL AIRPORT IMPROVEMENTS Russ' Construction, a sub -contractor from Coastal, Inc., has made the changes on the roof trusses that were necessary. Since the paving has not been done and will not be done until next year, this project will not be completed on schedule. J' November 26, 1980 CITY OF KENAI %6d Caul a j 4" „ P- O- •OX 90 KENAI, ALASKA 99611 TELEPHONE 455 - 7535 TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Director of Public Works SUBJECT: What's Happening Report for City Council Meeting December 3, 1980 SHOP ADDITION Alaska Boiler and Heat Exchanger Service, Inc, has completed this project. They have submitted their as -built drawings and their parts and service manuals for the items in the building. Final payment comes before Council at this upcoming meeting. SEWER TREATMENT PLANT EXPANSION This project has been shut down for the winter months. SEWER INTERCEPTOR LINE There has been no change on this project since the last report as this project has been shut down for the winter months. SEWER TREATMENT PLANT OUTFALL LINE The City of Kenai has received a DEC Grant for this Outfall Line. There is a Resolution accepting this grant coming .before Council at this upcoming meeting. Plans are underway for bidding this project early this spring. 1980 KENAI MUNICIPAL AIRPORT IMPROVEMENTS Russ' Construction, a sub -contractor from Coastal, Inc., has made the changes on the roof trusses that were necessary. Since the paving has not been done and will not be done until next year, this project will not be completed on schedule. J' Y- What's Happening Report Page 2 November 26, 1980 I FIDALGO SUBDIVISION STREET IMPROVEMENTS This project has been shut down for the winter period with an anticipated early construction start date this spring. KENAI SPUR FRONTAGE ROAD There has been a large underrun for excavation and fill on this project. Doyle Excavation and Construction has asked for an increase in price due to this vast underrun. A meeting has been set up for December 2, 1980 for initial discussion with the project engineer, Doyle's Excavating, and the City Administration. WARM STORAGE BUILDING I understand that Alaska Boiler and Heat Exchanger Service, Inc. has ordered the building and it is enroute. Other than that there are no changes since the last report. CITY ADMINISTRATION BUILDING The electrical and plumbing subcontractors are working at this time on the City Administration Building. The contractor still feels that we will be able to occupy the building sometime the first part of February. DOT/PF WILLOW STREET The lighting for Willow Street is now complete and operational. There is still a considerable amount of work to be done next year, and I am still waiting on the punch list from the Department of Transportation which would reveal exactly what still needs to be done. KENAI YOUTH CENTER Blazy Construction/G.S. Construction has both the siding and facial board on, the subflooring on, and are presently working on the roof trusses. STATE GRANT FOR WATER AND SEWER ALONG THE N. KENAI SPUR HIGHWAY I have asked for engineering proposals for this project that are due on December 11, 1980. A copy of this proposal is in your packet. CEIP ENGINEERING MONIES I have asked for engineering proposals on our two projects - Tinker, Lawton, Walker and Main Street Loop. Proposals from these engineers are due December 11, 1980. A copy of the request for engineering proposals is in your packet. —'Y What's Happening Report ' Page 3 November 26, 1980 TOPO STUDY The topographic project has been completed. I have not made the maps available outside of City Hall since we do not have the room at this time to produce and distribute these topos. Consideration also has to be made as to the cost of each individual sheet or the set in its entirety. FEDERAL REVENUE SHARING MONIES Bid specifications are out on a Dump Truck and a Diesel Garden Tractor using Federal Revenue Sharing monies. The bid specifications are in the process of being completed on the light tower. KK/jet 0 --- 0 J 1 i• .i O R C n NC�` CONSULTANTS P.O. BOX 3718 • KENAI, ALASKA 99611 907-283.7563 TO: Citizens of the City of Kenai City Council. City Attorney FROM: Vince O'Reilly CONSULTANT CONTRACT As a continuation of my consultant business, VORCO, I have arrived at an agreement to serve as Consultant/Papresentative to Alaska Pacific Bank. This effort will formally begin 12/15/80 and continue at least until 6/30/81. The work involved will be twofold; first to assist the Bank in their efforts to move economic development forward by VORCO working with national and large state corporations and secondly; to act as representative of the Bank in seeking on a Borough wide basis, businesses which may use the loan, deposit and other capabilities of the Bank. The Bank's Legal Counsel reviewed the agreement and can not foresee any conflict of interest situations which may arise. On any direct City/Bank business, such as Certificates of Deposit, the award of such business is made on a competitive bid basis. On any contractors or vendors to the City who are also customers of the Bank, if any decision is required by Council, I will announce the relationship to Council and either vote or abstain upon recommendation of Council. Your questions or comments are sought as the Bank and I wish no impairment to the City or its Mayor for not acting in an open and fair manner. Attached is correspondence further explaining the project. . • r • .1 O R Cn P.O. BOX 3718 • KENAI, ALASKA 99611 907-283 7563 CONSULTANTS near { As a seasoned businessman in the Peninsula area you have shown your support for all activities involved in achieving the long range development of the State as well as the Peninsula. From personal experience, I know that many times you have experienced the frustration of trying to remain active in these groups and to simultaneously keep your " business operating at the highest professional level possible. ti I would like to bring to your attention an organization that is also interested in promoting and supporting programs and activities that are essential to the economic development " of the Peninsula and the State, and additionally an organiza- tion that can professionally assist you in the financial management of your.usiness--This organization is Alaska _ Pacific Bank. Alaska Pacific has dedicated personnel and committed dollars for the promotion of reasonable economic growth both State and Borough wide. Parallel to those activities the Bank has oriented its staff toward meeting the individual needs of the business community. The Peninsula area is growing substantially with each passing day. Retail sales for 1979 were $387,000;000 alone, combined wholesale and retail sales increased 350% to the $660,000,000 level in the last reported period 1972-1977. With the outlook for 1981 even more favorable, the impor- tance of this growth is vital to you-- businect,. How is the time to prepare for the year ahead and to insure your share of the increasing market. Alaska Pacific would like an opportunity to assist you in this endeavor. Beginning in January, the Bank and I will be conducting a series of meetings to which you are invited. The purpose of the first meeting will be to acquaint you with general development activities of Alaska Pacific as well as give you the opportunity to meet individual officers of the Bank. other meetings will then be held monthly specializing in leasing, real estate, loans, commercial loans and State programs. a As the attached letter 4 tails, x have become a consultant- representative to Alaska Pacific Sans. An office has been - established in the Kenai Aviation Building, corner of Willow and Main Street, Kenai. This office is for your convenience and assistance. Please feel free to stop by and discuss j your potential needs or give me a call at 283-7563. Hope to see you at our January meeting. .. MI- -___ _.-. _ J I I J'lI yr; '_- .��.......} _ ',:;, �:.. •. � r' -- — — Pacific DRAFT Revised to 11/21/80 Mr. Vincent O'Reilly Counsultant/Representative Alaska Pacific Bank $ VORCO b Post Office Box 580 Kenai, Alaska 99611 Dear Vince: The vibrancy of the Kenai Peninsula economy is impressive, and what is even more impressive is the future growth which is destined for that great region. Our economic analysis clearly indicates that the Kenai can expect continued expansion of the oil and other industries, the emergence s of a whole new petrochemical industry, extraction and processing of Beluga coal, a resurgence of the rapid growth - of tourism as a result of the Alaska population centers resuming their strong upward growth, and an increase in construction projects, including municipal facilities, highways and schools. The impending upswing suggests that it is critically important that Kenai Peninsula businesses are financially prepared to take advantage of this rapid growth. Accordingly, we at Alaska Pacific Bank have firmly committed ourselves to embark upon a full scale program to provide i the Kenai Peninsula businesses with the quality of banking I services they need. s y Revised to 11/21/80 Page Two t We are extremely pleased that commencing January 1, 1981, you will serve as consultant/representative for Alaska Pacific Bank. That is, you will continue to serve as a financial consultant to Kenai Peninsula businesses and will direct firms and projects to our Bank. Naturally the i local firms onthe Kenai Peninsula will pay you no fee for this service. We have established a Kenai Peninsula group at Alaska Pacific Bank to ensure immediate response to financing requests brought to us from Kenai Peninsula businesses. This is a dramatic change from the kind of banking the Peninsula businesses have been experiencing. Now, rather than having to submit their application to a local branch manager and wait for it to go up through channels involving a lengthy approval process, our people serving the Kenai Peninsula are high level officers who are able to respond considerably more quickly than the response time of,the L, other banks onsthe Kenai Peninsula. Each of these people bring a high degree of creativity which will enable us to advise Kenai business firms on the --r- whole array of financing alternatives including leasing, term _ loans, working capital lines of credit, etc., as well as important other financial services such as pension and profit sharing plans, investment of excess funds, and 1 ' L s, -- ., �_=."_'Yl7Y5..4.7. ✓far/i.! — - _ _ -_ F. _ _ _ // � •r _ — - - s—I. __ — - Draft Revised to 11/21/80 Page Three ' i financial planning. o: ' We share your enthusiasm over the prospects of the Kenai Peninsula and, therefore, have developed this unique approach to business financing for that area which will give unexcelled service to the Peninsula business firms. Additionally, we are extremely pleased that you will be serving as our representative on the Kenai Peninsula. As you know, our bank has played a major role in assisting national firms locate in Alaska, and are continuing this s activity relative to the Kenai Peninsula. Of course this :weans that Kenai Peninsula businesses must be prepared to handle this growth. We look forward to serving the growing dynamic businesses b of the Kenai Peninsula. V f •. Cordially, " Robert R. Richards ' President i f 1 I •� II it I U CITY OF KENAI "od ems,, 4 4"0"' F. O• SOX NO KLNAI, ALASKA 99611 TILE/NONE 283 • 7E36 November 26, 1980 Subject: Request for Engineering Proposals - December, 1980 Gentlemen: The City of Kenai is seeking Engineering Proposals for three different projects. Each of the three projects is to be treated individually when submitting proposals since they will be evaluated separately. Interested firms are asked to submit eight (8) copies of their proposal for each project they are interested in. Simple Xerox copies in an inexpensive binder will suffice. If a firm has a standard brochure that they also have available, they need only to provide eight (8) copies of it even if they are submitting proposals on more than one of the projects. On their proposal for the individual projects, they should make reference to see their standard brochure. A copy of each firm's proposal will go to each of the City of Kenai's Council members with the remaining copy retained by the City Administration. The Public Works Committee, comprised of three Council members, will meet to discuss the proposals. If there are a great number of proposals, the Public Works Committee will probably cut the proposals down to three or four firms. The Public Works Committee will reevaluate the proposals and then make a recommendation to the Council as a whole. The firm will be chosen by a resolution passed by the complete Council. Many firms may he called to appear before the Public Works Committee for a further presentation from their firm. DEADILINE FOR SUBMITTING PROPOSALS The deadline for submitting proposals is December 17, 1980, 10 a.m. I I , i I I Request for Engineering Proposais - December, 198U Page 2 November 26, 1980 Please submit your proposals in a sealed envelope marked in the left-hand corner with "Engineering, December 1980." All of the engineering proposals will remain in their sealed envelopes until this time. Even though this is not a bid proposal but a proposal for professional services, we want to keep all the firms on an equal basis and prevent any influence a proposal may have on others if opened earlier. W1 AT IS TO BE INCLUDED IN THE PROPOSAL Please comment or include something for each of the following items and organize your proposal in a logical and clear way so that the Public Works Committee can properly evaluate each item. 1. The firm's specialized experience in the type of work required. Include a record of the firm in accomplishing work on other similar projects in the required time. 2. List the qualifications and experience of the individuals who are going to actually perform the work on this project. For the design projects, please include the complete resumes of the individuals that your firm is going to assign to the project if it is awarded to you. 3. Give the geographical location or locations where the work on this project will be performed. Also include some kind of indication of your firm's knowledge of our local situation. 4. Give some kind of explanation of how your firm will approach this project and how this project would fit into your firm's list of priorities in your current workload. S. Give your firm's proposed work schedule showing what you feel are major items to be accomplished and at what date you plan on accomplishing them. Include -a statement when your firm will be able to complete the project. 6. Give the rates at which your firm proposes to do the work with a not -to -exceed figure. Although the City of Kenai is asking for a not -to -exceed figure and construction engineering cost rates, the Council of the City of Kenai may not necessarily choose the firm which has the lowest rates and lowest not -to -exceed figure. 1 Request for Engineering Proposals - December 1980 Page 3 November 26, 1980 THE DESIGN PROJECTS The City of Kenai has been awarded a CEIP Grant for Coastal Energy Impact projects for design of street improvements from the Division of Community Planning,Department of Community and Regional Affairs and the U. S. Department of Commerce National Oceanic and Atmospheric Administration. A copy of these two agreements are enclosed (Attachement A). Please read them carefully because if your firm is selected, you will be required to perform everything that is contained in them. A scope of work is contained on Page 7 of 7 of the first agreement. The City of Kenai would like to emphasize that minorities and women business enterprises are encouraged to participate on these projects. As you can see, there is $55,000 to design both of these projects. The Scope of Work from CEIP mentions that there are to be six (6) copies of all materials when completed. Besides these six copies, the City of Kenai would like 10 copies of the final product. The reason is that we hope to use these 10 copies of the drawings, specifications, and documents for office and utilities disbursement. All 16 copies of the completed materials are to be included in your not -to -exceed figure. Your not -to - exceed figure should be all inclusive - all reimbursable expenses to your firm should be included in t is figure. This way the City of Kenai is insured of not going over our budget figure. Enclosed (Attachment B) is a blank contract "Agreement to Furnish Engineering Design Services to the City of Kenai, Alaska" that the City of Kenai has used in the past for Design Services. If your firm is selected, you would be asked to enter into a similar agreement with the City of Kenai. WHAT IS TO BE INCLUDED IN THE DESIGN PROJECTS The design projects, No. 1 and 2,would be for complete engineering design, including complete sets of plans, specifications, soils records, and documents so that the project can actually be bid. The improvements for both design projects would include, but would not necessarily be limited to, curb and gutters, sidewalks, asphalt paving, storm drainage system, possible addition of fire hydrants and water and sewer service lines to existing water and sewer systems for Project No. 1, seeding, traffic signs, and pavement markings, and street lighting. J I I I I• i. i Request for Engineering Proposals - December 1980 Page 4 November 26, 1980 DEADLINE FOR COMPLETION OF DESIGN PROJECTS The deadline for the completion of Design Projects No. 1 and 2 is February 25. 1981. WHAT IS PROJECT NO. 1 "The collector loop formed by Lawton Drive, Tinker Lane, and Walker Lane." These are existing gravel roads, and a copy of i a location map is enclosed (Attachment Q . There are water j and sewer lines already in existence in this area. The Bidding Documents will be set up as follows: Road From To Basic Bid: Tinker Lane Spur Lawton Lawton Tinker Lane Rogers Rogers Lawton Spur Add. Alt. No. 1: Lawton Rogers Walker Walker Lawton Spur Add. Alt. No. 2: Tinker Lane Lawton Terminus Add. Alt. No. 3: Walker Lawton Terminus Tinker Lane from Lawton to its terminus has half of the roadway already paved. The remainder of the streets are gravel. WHAT IS PROJECT NO. 2 "Main Street Loop and Barnacle Way from Main Street to Willow Street." These are existing gravel roads, and a copy of a location map is enclosed (Attachment D). Water and sewer lines in these roadways were engineered by Ted Forsi and Associates under a former CEIP Grant. A copy of this project can be reviewed at City Hall. It will be required of this design engineer to take these existing water and sewer drawings "off the shelf," updated them, and incorporate them into a biddable package along with the new street improvements mentioned above. The bidding documents will be set up as follows: Road From To Basic Bid: Main Street Loop Spur Willow Barnacle Main St. Loop Willow Add. Alt. No. 1: Afain St. Loop Willow Spur _! • .... i{¢....J_. '. I:ii=.�+..i .. �. f1.a��.Yi'. T. .. �- •. w.. !-�'.. w..a'r.—_ari--.�. i v. Request for Engineering Proposals - December 1980 Page 5 November 26, 1980 Additive Alternate No. 1 would be for upgrading the existing paved road with the added improvement from Willow Street East a.' to the Spur. WHAT IS PROJECT NO. 3: Water and Sewer Through Section 36 i This project is for project management, coordination, and engineering inspection services for water and sewer lines from Forest Drive to Redoubt. A copy of a location map is enclosed (Attachment E). This project has already been engineered under a former CEIP Grant by Ted Forsi and Associates. Plans and specifications are available i at City Hall for review. The engineering firm that is chosen for this project will have to take the existing plans and specifications 'off the shelf," update them, apply for the various permits, and everything else necessary to and including going out for bid. This would also include an updated engineer's g. construction cost estimate. After the project is bid, this engineering firm would represent the City of Kenai during actual construction as its inspector. A copy of "Project Management, Coordination, and Engineering Inspection Services Contract" is enclosed (Attachment F) and the firm selected would be required to enter into this agreement with the City of Kenai. There are funds up to $750,000 set aside for the inspection and construction of this project. SCHEDULE December 17, 1980, 10 a.m. - All proposals are due December 17, 1980, .7 p.m. - Proposals given to City Council December 17, 1980 to January 7, 1981 - Public Works Committee decides which firms to recommend to Council; January 7, 1981, 7 p.m. - eouncil awards contract on all projects January 8, 1981, - All project contracts are signed January 9, 1981, - Work on all projects begins 1 Design Projects - Projects No. 1 f, 2 February 25, 1981, - Design Projects No. 1 $ 2 complete I Project Management/Inspection - Project No. 3 ' — I February 18, 1981, - Tentative first advertisement March 25, 1981, - Tentative Bid Opening - Construction April 1, 1981, - Council award construction contract As weather permits - Start Construction If there are any questions or comments, please feel free to contact me at your convenience. Sincerely� i Keith Kornelis, Director Department of Public Works .� Attachments: A through F I ATTACMUNT C 1 City of Kenai t Paving, Curb & Gutter LAWTON, TINKER, AND WALKER Scale: Nov. 26180 1"=Rohl � FIF rt, AVE. A I/E. CD AVE, T PIE. ATTACHMENT D Water: — - __ — I I Sewer:—*—*— City of Kenai Water, Sewer & Paving Scale: MAIN STREET LOOP & BARNACLE Nov. 26/80 V=8001 A- C; �4p C APL- AIRPORT LOOP .� Cr 11 Additive Alternate No FT /04t a 0 OA j =CMARINF AVE. �pl:r:ItISYLA AVE- U. co .4 rn X HARBOR AVE. z m II II TEPN AVE. y; ; ATTACIRIENT� E ( f }� City of Kenai 'I « Water:.-._. Water and Sewer 1 Sewer: ---o---•a--. 'Scale: • + SUCTION 36 Nov. 26/80 ^ f 1"=950' EOOUBT BLvO. C-j r 1 \u L > o b Y �c • ' (A, • • + .�-ram .�--- f• WW�ii✓ NOV. 26, 1980 MEMORANDUM TO: Robert Peterkin Chairman Kenai Advisory Harbor Commission Bill Brighton, City Manager FROM: Gary L. Davis Administrative Coordinator RE: TRIP REPORT, NOVEMBER 25, 1980 KENAI WETLANDS WORKING GROUP, HYDROLOGY STUDY REVIEW The meeting was held at the USCS offices in Anchorage to review the items of concern of the Kenai Wetlands sub -group as expressed in the enclosed attachment. All areas of concern were identifies by Gordan Nelson of USGS, the Corps of Engineers, and Roger Allely, OGGS, as being addressed properly by the proposed study, with the assistance of existing studies (Water Resources of the Kenai-Soldotna Area, U.S. Dept. of the Interior, Geological Survey, Water Resources Div. 1972). The water quality itmes 8 & 9, were not addressed since they are to be included in a separate study by DEC. The major area of discussion at this meeting was the sub -surface data. It would be too costly to do sub -surface studies on all of the wetlands included in the study, however, it is generally agreed that by applying the data obtained from the surface studies, previously obtained data, and generally accepted hydrologic principles, that the necessary sub -surface information can be reasonably assumed. From a layman's standpoint, this study will: --define the wetlands boundaries --define the values (water quality, recharge,erosion protection, support of fish and wildlife, etc.) of indfvidual wetlands. --determine the effects of development on a particular value of an individual wetland. --determine the boundaries of the Corps of Engineers Jurisdiction under the 404 permit process. --and other related information. 1 •� N MEMORANDUM at4.1" State of Alaska TO Roger Allely °ATE November 17, 1980 Assistant Hydrologist FILE NO: Division of Geological & Geophysical Surveys A &• TELEPHONE NO: 278-1591 FROM. Debra Clausen " U SUBJECT: Review of Proposed Kenai CZM Coordinator Wetlands Hydrologic Study MCHM, Habitat Protection Section by DGGS Department of fish and Game At the August 25, meeting of the Kenai Wetlands subgroup the necessary hydro- logic variables needed to evaluate the habit values of the Kenai Wetlands were identified. These variables were as follows: 1. Which wetlands within the City of Kenai are important to the sediment and nutrient regimes? 2. Which wetlands have either surface or subsurface hydrologic connections to the Kenai River and its tributaries? 3. Are there any wetlands within the City of Kenai that are totally isolated from the surface and subsurface hydrologic patterns? 4. what is the flow at outlet streams; where is the five cfs standard? Have all outlet streams been delineated? What adjacent wetlands contribute to • five cfs? 5. Where is the 100 year floodplain located for the Kenai River tributaries? b. What is watershed for each wetland? 7. What percent of the watershed contributes to individual wetlands? 8. What is the existing water quality in the wetlands? 9. What is seasonal variation in water quality and flow? The present research proposal appears to address all of the resource agencies hydrologic data needs. However, based on statements made by Gordon Nelson of USGS concerning the need for subsurface studies to supplement surface work, we are concerned that the proposed plan of study will not be able to provide all the data needs which vie have identified above. We are particularly concerned that dependence upon existing subsurface information; i.e. well logs, will not yield adequate information. Well logs are not always available and in undeveloped areas (public lands) will not be available at all. Thus, the areas that we may be most interested in may have the least information. We feel that the proposal should be reviewed by a hydrologist with experience, and modified as needed to Insure the desired results. 02401A(Rtr.101791 z'u i DEPAR5l Uff OF XAMTRAL RESOURCES OfflS/ON OF PARRS 0 10J11LM November 4, 1980 02-00020 Kenai Municipal Park 02-00073 Kenai Municipal Park, Phase IT 02-001165 Cunningham Park 02-00118 FAA Football 02-00119 East Kenai Trail M-00147 Comfort Station 02-00182 Kenai Municipal Park 18moft JAY S. HANNONO, GOVERNOR 09 WAREHOUSE OR., MIME 210 ANCHORAGE, ALASKA 0001 PHONE. 2744676 Kayo McGillivray, Director Parks and Recreation City of Kenai Box 580 Kenai, AK 99611 Dear Kayo: Enclosed are copies of the reports of inspections of City of Kenai Land and Water Conservation Fund projects. The Division of Parks wishes to congratulate Kenai on the efforts that have made within the last two years on correcting compliance problems at these projects. As you have requested we have notified HCRS to withdraw project 02-00073. The information Kenai provided on the audits for project 02-00147 and 02- 00182 has been assimilated and presented to HCRS. The administrative costs of project 02-00182 are inadequately supported and cannot be accepted. HCRS was requested to accept the other costs. We will notify you of the Services determination upon its receipt. Y The State has not received copies of the HCRS inspection reports for the above subject projects but has received a letter summarizing the Service's findings. The Service noted a great improvement in the projects and correction of past compliance problems. The only problem noted was a general maintenance and cleanliness of some areas and one project that was not signed. The Service was primarily concerned over the clean-up of East Kenai Park trail and recommended that this be improved. It is recognized that this project is not complete and the State anticipates the City doing this as part of the project work. The Service extended very high praise of you and what you have accom- plished and the State concurs in their opinion. i :C:L:�.yl, i,�ti.'_SR- .h,----- -ter_• --'„"''>'""-'/-'- -r^.-- .—�_. .� - _z_�-i.�.r�. r,- --- 4..;, ,fA . y ,y F ' Kayo McGillivray, Director Page Two November 4, 1980 The only remaining problem noted by the State was the goal posts at the FAA Football Field. During the State inspection it was discussed that the field might be converted to soccer. This is acceptable but the State must receive prior notification. Please let us know of your plans i _. to improve this project area. As a reminder, an as -built of the East Kenai Park frail is required before closing out this grant. If practical, a corrected preliminary plan can be used. The project will be scheduled for audit within the coming calendar year. If we can be of further assistance to you in any of these projects please let us know. - Sincerely, { �`� I { therine M. Tor— Alternate State Liaison Officer A I � Enclosures II l i KJC/cW ni I ++I n � I r 1 i ,I r t . N I t n F` o � KENAI HARBOR COMMISSION P. O. Box 580 Kenai, Alaska 99611 AGENDA - November 18, 1980 REGULAR HARBOR COMMISSION MEETING: HARBOR COMMISSION MEMBERS: EX-OFFICIO MEMBERS .i AGENDA • A. Call to Order B. Roll Call C. Agenda Approval D. Approval of Minutes 1. October 28, 1980 2. November 4, 1980 E. Introduction of Guests 1. Rick Baldwin E� - F. Communications • " G. Reports 1. Gary Davis a 2. Chairman Peterkin a. Roper Situation 3. Mayor O'Reilly a. Harbor Commission Vacancy - H. Old Business -- 1. Administrative Coordinator Contract November 18, 1980 - 7:00 p.m. Kenai Public Safety Building Robert Peterkin, Chairman John Williams, Vice -Chairman Tom Ackerly W. Me Burnett Ron Isaacs Marvin Dragseth Betty Glick, Councilwoman Mayor Vincent O'Reilly r ri7L (77) �, --V l Kenai Advisory Harbor Commission Regular Meeting, November 18, 1980 Kenai Public Safety Building Robert Peterkin, Chairman There was a Work Session prior to the meeting as there was not a quorum at 7:00 p. m, A. CALL TO ORDER Chairman Peterkin called the meeting to order at 8:25 p,m, B. ROLL CALL Present: Chairman Robert Peterkin, Vice -Chairman John Williams, - Commissioner Isaacs, and Commissioner Ackerly. Others Present: Mayor O'Reilly, Councilman Wagoner, Wm. J. G Brighton, and Gary Davis. C. AGENDA APPROVAL The agenda was approved. D. APPROVAL OF MINUTES - 1. October 28, 1980 - approved. 2, November 4, 1980 - approved. E. INTRODUCTION OF GUESTS None F. COMMUNICATIONS Councilman'Wagoner pointed out Councilwoman Glick is no longer the ex-officio member, Councilman Wagoner is. G. REPoRTs 1. Mr. Davis reported on the letter from Kramer, Chin and Mayo in reference to the unsigned comment sheet that he prepared for :' 1 47 i them. Kramer, Chin and Mayo are doing Phase II of the Borough's Coastal Management Program. The reason he sent these comment sheets in, is to point out and get same feedback on the City's concerns as to the bluff problems and the possible environmental groups that may be seeking to expand the Tidelands area on the proposed harbor site. There may be additional monies that can be utilized to work on sane of these problems. It was not the intent that they weren't signed. He believed their response is quite positive. The City will decide what restrictions, studies or developments that might be pursued in these areas. On the Kenai wetlands working Group of November 7, Mr. Davis reported it was the second meeting to review the MOA required of the agencies. There were concerns from the Council after Mr. Davis's report of the first meeting. Mr. Davis mentioned these concerns at the second meeting of the KWWG. One concern was if the City needed a resolution to identify a representative. It doesn't need a resolution, just someone identified to report back to the Council on the meetings. The National Marine Fisheries Group has not signed the MOA. Mr. Davis reported Phil Waring attended the meeting. It was his first appearance and he came away quite pessimistic and would include that in his report to the new Mayor. John Tolley is the Regional Transportation Planner for DOT. One area they discussed is how the City going to approach the state in requesting money for harbor construction. Mr. Tolley compiles projects in this district. Mr. Davis said it is an avenue for the Commission to request $20,0001000 to be presented to the Governor's Administration. One advantage is, the state would handle the construction of the project. They will provide the requests for bids, oversee the construction, etc. Mr. Davis indicated to Mr. Tolley it was his impression at this time, that the City was going to go through the Municipal Grant process. If we want to go that route, Mr. Tolley would like to know as soon as possible. Mr. Davis indicated he is getting a letter prepared for him to approve, referring to the items discussed at their meeting, saying everything Mr. Tolley saw was in line with the Act. He would like to have Mr. Tolley approve that in writing. Mr. Davis reported he has been working extensively on the feasibility study and compiling the different approaches to the N study. Commissioner Williams spoke in regards to DOT. We talked to Don Statter on going through DOT in the beginning and at that time we felt we wanted to go through it on our own. One advantage of going through the State is if for some reason this works out not to be a financial asset, but rather a liability, the State absorbs the losses rather than the City. The problem is, we must operate totally under the DOT's regulations and follow their criteria for the harbor completely. Commissioner Williams spoke about contacting Mr. Tolley and asking him to put us on the list -- for $20,000,000 and also do our lobbying, and see what comes first. —__ Mr. Davis stated if you lobby for municipal grants or for a Public Works project, there are a few statues that require a local match. It could go under the same statute as our 74 Bond monies which required 10% local match. The new DOT's regulations don't require any match. There was further discussion. Commissioner Williams asked tor. Davis if he thought there would be a problem with telling Mr. Tolley to go ahead and then lobbying on our own. Mr. Davis said he hadn't investigated it. Councilman Wagoner stated the problem would be confusion in Juneau. Mayor O'Reilly asked if that money were in the DOT's hands is it less likely to be counted against the money allocated in the Senate? Commissioner Williams stated that is a fact. Councilman Wagoner spoke about once the money is in DOT's hands they have full control when it isn't a bonded amount that the people vote on. Mr. Brighton thought a specific bill for a specific purpose. i 3 m N . There was discussion. That is not necessarily the case. Commissioner Williams stated he would like to request Mr. Davis to contact John Tolley and ask his felling about it. Chairman Peterkin asked Mr. Davis to do so, and possibly contact Murray Walsh. Mr. Davis reported Mr. Tolley informed him of a multi -model transportation study going on in our area. Primarily it will deal with roads, railroads and highways. He hadn't seen the study. Woodward/Clyde is the consultant for the study. They will be here and Mr. Davis will contact them. He stated if we are going to have some large projects they should be informed so they can fit it into their overall plan. G. 2. a. Chairman Peterkin reported all Commissioners, with the execption of Commissioner Ackerly, attended a Work Session with Mr. Roper's attorney. Chairman Peterkin made a recommendation to the City Manager to see if we can have a Work Session with .the City Council on November 24. Commissioner Williams noted there was a letter from Mr. Roper's attorney in the packet, possibly there should be a recommendation to the City Council that no action be taken on this. Chairman Peterkin didn't feel it was necessary. G. 3. a. Mayor O'Reilly reported the Harbor Commission vacancy will be resolved at the Council meeting the following night. Mayor O'Reilly reported the City Council did concur with the recommendation that the Commission sent to them regarding harbor powers outside the City. Mayor O'Reilly reported on the meeting held the previous Monday between several members of the Council and members of the Assembly. Two members of Assembly attended. The Assembly members were informed of the memorandum regarding harbor powers. The reaction from the two Assembly persons was they saw no problems with it. There was divided reaction whether they should play a more active part in trying to have some municipal harbor powers laid before DOW, Exxon or anyone else looking at potential 4 1 sites. One Assembly person said something had to be done, the other said he saw no mandate from the people saying it had to be done. J Mayor O'Reilly reported there would be a meeting the following evening at the Borough regarding having a port service area. i Mayor O'Reilly referred back to the Assembly and Council meeting held the previous Monday. Other points of discussion included that we want to make sure the Assembly persons support for the tunding on CZM money. One felt there was no chance of having a Federal and State agency arrive at a MOA. The Council's reaction was that it was worth the effort. Chairman Peterkin asked what Assembly persons were present? 1 Mayor O'Reilly reported Jesse Wade and Tom Harvey. He added the meeting was not to persuade, just find initial views. , Mr. Davis asked how did they feel about Coastal Management continuation of the Borough's program? Mayor O'Reilly said it was divided. Tom Harvey indicated there must be a minimal type of zoning. Mayor O'Reilly felt the tone, of what the Borough will do regarding planning, CZM, harbor development, etc. will be set by the Borough Mayor. Mr. Brighton thought this kind of dialog needs to continue. Mayor O'Reilly said even if just for the record. Commissioner Williams asked if we have any type of laision between the Borough and the City Council? Mayor O'Reilly stated they meant to bring that up. H. 1. Mr. Davis reported on the Administrative Coordinator Contract. His understanding was the City/Borough contract apparently has been signed today and should be available to handed out to the City Council tomorrow evening. Mr. Brighton reported he would pick up the Contract in the 5 ' I morning so it will be available for Council. Councilman Wagoner asked what period of time the Contract covered? Mr. Davis replied through June 30. Chairman Peterkin asked when do we make application for next year? Mr. Brighton stated now. Chairman Peterkin said January 1 we should make request for extension for Mr. Davis's contract. Mr. Brighton thought that would be a good idea. Commissioner Ackerl y wondered about the prohibition of lobbying clause in the Contract. Mr. Brighton said Mr. Davis would have to be cautious. He cannot use this money for lobbying. There was further discussion of the Contract. Mr. Davis said the reason the $64,000 figure was left in instead of prorating the exact amount from when it was signed, was so it would not cause any confusion and slow up the process. There is a "not to exceed" figure and there will be invoices submitted monthly. Mr. Davis also stated he is to provide a secretary that will provide the minutes. Chairman Peterkin asked about an office in the new City Hall. Mr. Brighton stated there was no space available. There was discussion on an office location. Mr. Davis stated when he moved, he would recommend Ex -Commissioner Burnett get a letter of thanks for the use of his office and very comfortable and good working conditions. H• 2, Commissioner Dragseth is in Anchorage. r� I 'jJ I. Commissioner Williams stated he would like to begin some publicity for the harbor. He suggested 3 x 5 cards advertising the fact we are promoting a harbor. Something to the effect that "Kenai has 600 boats." "Kenai has 9 active processing plants." "Kenai does not have a boat harbor." Possibly even have the cost on the bottom. Chairman Peterkin thought it was illegal for a Commission to use advertising. Commissioner Ackerly suggested it could be printed on the back of the business cards. He added Commissioner Dragseth asked him to design the cards. Councilman Wagoner suggested the Commission start some advertising in the Anchorage paper saying for a $25.00 deposit, we will reserve a stall for you in the small boat harbor. If the harbor isn't built the deposit will be reimbursed. It is something to show the Anchorage legislators and can be taken to Juneau. He added he had a list of gillnetters in Cook Inlet and their addresses. Chairman Peterkin added he has a list of 802 names from the Borough computer of boat owners. Councilman Wagoner said he is President of United Cook Inlet Drifter's and they show an interest in the boat harbor. Mr. Brighton said it would be good to see public interest outside of the Commission. Commissioner Isaacs suggested the Isaac Walton League may show an interest. Councilman Wagoner spoke about the public hearing held earlier this year when the Corps of Engineers were here and the support shown there. Mr. Brighton stated the interest should be revived. Mr. Brighton asked Mr. Davis to check with the City Attorney on the legality of the PR cards and the advertising in the newspapers, and what type of escrow fund would be necessary to 7 handle the money. Commissioner Ackerly asked if the name of an elected official should be on the business cards? There was some discussion and it was decided it would not be necessary. There was some discussion on the Salamatof Seafoods situation. Chairman Peterkin reported the next meetings would be December 21 --- and December 16. i J• With no further business, the meeting adjourned at 9s45 p.m. Respectfully submitted, Rim Howard Administrative Assistant APPROVED BY C i { i I I J1 1 f N . I i i