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Home My WebLink About1981-01-07 Council Packet Pages 500-1000COUNCIL PACKETS �981 JANUARY 7 i I i ! :It " ' f� ?I r+ l� I ,f Kenai City Council Meeting Packet January 7, 1981 ii I i 1 F � 1, I i a f J, k 1 rI =, ` � t(�IWC11il.CbyMCN1 �UfaMM�MQ -,# ' X r;0jIM11111)�yif�1 4 i;- � 1 orfia►iior fS3.i0 ��iflo.ndlay R1a+! �!�ofY•1 ; �• l Cvda i•1• of Citlands , fa2^�d•�y NMndlnQ sansl fkinlaipr3 tod•,� ;o•Cl}':icy p�9V}t�ienc Qt lfibirr► S ltaab•s o[. Lerve so T4,.pow, ,YNr .,.. h 7r-v, : i-Osdiro6ea 6ti i0:�=t�}pCra.,4ira��/APPnre k : • t .1asaessl Fund titat•;Librrsy•Orant - iT��6d la.cion rdt mo*Wi of, Uquor,!,icons!; <" Eidl�'a ltbntlef"Club r ,,.i s#wgrr9r Cirpsn•aty � . t .. •.' •';,•, _ _ ' bi Yrokaq• 9tdre ' , __ _ 3 _ IOEt E'L [eplt>t!-_Yfe}nove+�nE 9ra#eota, itavuast+-- { "tor PiAts asso t &,A q, nol Qoblio u0sclaq nsi6ss. Pii�iayscl�uciA io Iii.frsA�a ;. Dosii•'Fish 4006"l :•or fX40, Pn ;i•randfpitYaaf � 1 2. a Grrpn'0lntol 1 Mogra•1 ys!Nng4iarr On %_. CYiiwr�l,taKllity _ # 0 RRis WSWi{i :' :a "R•2olaiion 9 •`SpWiil't1•Ction on itlsnl,iuyyere on Stoll Moat 1Usbor �; `.� �, 7 Ratolutiprt i1-1 - Trrnst•s of rw�d to rir• „WxiIisry:'for .Notrpayrmat• to Auxiliary ;lltafesp. _ •. i •.L: afeold�lon 01 '2 : TraDttbir of Yunda -L•glt Iatiw !tivNl Roni•a far'ACt1VlrlN Of: r „Council In fr, tin9 4ity - $1,201 44ao}utio&.41-24-64069 one -meld- 6><tal�lida:. tq IIsiillnq •L' Sproul: us•-Pendti 10t- CrnMty ' Soap it Veil on4*utkod by, UAL" 011•Cpj,- ` - . ai volley i}laCus•ion;About'yakinv 0as in Rind. 10:' Reeolutlon iY-s �'Transl6f of Pundr .NateE'a :,Dever R,idg t:ta ft4ulde Hors Nonlei. for 'Opef'- f. �tff atinq supptiec In trs, Dept... Y,$2,000, r 11.. Raa6lution tl-S ACCaDting LIMA: a;rat !� � , •istaataeet Out! 1�,:- if90;0i0. f �•�' ResoluniAn il_o- Appt9Ystatln9 to Ibfiay. :.r:S~r ?saataent Outtgli', CH2M Hill.:- t�.20Q ... ,13.'' 'Raseiution";l•i;,.'ssaast•F-oi POnds -. twglr ,': f-•c .3atlVd 4;rnsporratlon-�35.000.,..'. •'. . :-�-- ° - �- _ .. - - - - -, •f 1 - J l " to 1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 7, 1981 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS Ordinance 612-80 - Amending Kenai Municipal Code - Sale of City Lands Ordinance 632-80 - Amending Kenai Municipal Code - To Clarify Requirement of Minimum Number of Leave Hours per Year Ordinance 633-80 - Increasing Rev/Appns, General Fund - State Library Grant - $1,700 4. Application for Renewal of Liquor License C,u�rzn� Eadie's Frontier Club a. Beverage Dispensary b. Package Store S. 1981-82 Capital Improvement Projects, Request for State Grant Funding, Final Public Hearing C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Doris"Lashley - Renewal of Extension - Serendipity Lease 2. . Cain-Zimt-o%z Progress -Presentation --on D. MINUTES 1. Regular Meeting - December 17, 1980 Partial Translation 2. ipecial Meeting - December 22, 1980 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS -*f. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 - %+a h - ✓3'. Ordinance 636-81 - Amending Kenai Municipal Code - Animal Control Ordinance v4� Ordinance 637-81 - Increasing Rev/Appns - Repair & Maintenance, Jail - $750 Ll . Ordinance 638-81 - Appropriating Money for Sewer Treatment Plant Outfall--$653,400 Resolution 80-179 - Special Election on Citizen Support on Small Boat Harbor � i 0". Resolution 81-1 - Transfer of Funds - to Fire Auxiliary for More Payments to Auxiliary C Firemen Resolution 81-2 - Transfer of Funds - Legis- lative - Additional Monies for Activities of Council in Promoting City - $1,200 1.19. Resolution 81-3 - Creating One Year Extension to Drilling & Special Use Permits for Cannery Loop #1 Well as Requested by Union Oil Co. of California a. Policy Discussion About Taking Gas in Kind L-�0. Resolution 81-4 - Transfor of Funds - Water & Sewer Budget to Provide More Monies for oper- ating Supplies in Water Dept. - $2,000 Resolution 81-5 - Accepting EPA Grant - Sewer Treatment Outfall - $490,050 Resolution 81-6 - Appropriating Money for Sewer Treatment Outfall, CH2M Hill $4,200 Resolution 81-7 - Transfer of Funds-- Legis- lative Transportation - $5,000 �4. Kenai Peninsula Community Care Center - OMNI North - 3rd Progress Payment - $8.122 ✓115. CH2M Hill - Sewage Treatment Plant - Progress Report #20 - $11,920 &--M CH2M Hill - Sewage Treatment Plant Outfall - Amendment #3 - $4,200 ,_�7. Peninsula Engineering - Fidalgo S/D - Statement { #4 - $7,959.89 '_�S. Gary Davis, Administrative Coordinator Contract - December Services - $4,268.90 4,erO. Dowling/Rice & Assoc. - Kenai Youth Center - $3,168.09 V/z0. Blazy/Green, J/V - Kenai Youth Center - Pay Estimate #3 - $16,292.12 Brown & Assoc., J/V - Sewer Treatment Plant Expansion —Per. Estimate #6 - $95,738.28 ,---22. Alaska Boilers - Pay Estimate #2 - Warm Storage Building - $51.205 #.3 a, 31 O 23. Cable TV - Installatiof3 of System 24. Kenai Wetlands Project 25. CH2M Hill - Harbor Study & Design Contract a s 511". os, H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk %- Ny V 5. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD COUNCIL ME ING OF ly mmmmommmmmmmmmmommi J COUNCIL MEETING OF 14 i Ct j / s »��71�p�Il��I�7L717L9�1�10�� --' 1'ID►I�9�k��►7N11►'III�Op� r 17��17��917C917�9�L915PIprI ►7�►7W��I�I ��i9�Il7�L�I �/�9�9 �I�■fir■■f��l�■�■i�■I�f�■ _ .., , _,.. ,,. �� - -�,, r,.�;., ,i::�/� { I .� - _.- .,� 1 ..; � _.� - '�; •� _'.�,. .. �- i 1 .. ___- �. _ _____ �✓ r CITY OF KENAI ORDINANCE NO. 612-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KMC 22.05,060 AND AMENDING 1Q1C 21, KMC 22.05, AND KMC 7.30 TO PROVIDE FOR RITE SALE OF CITY LANDS, TO ALLOW NEGOTIATED SALES AT APPRAISED I4ARKET 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. 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 to private use, so that the tax roles of the City will be 1. - 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 r, WHEREAS, it is desirable to provide by ordinance for a program of land sales so that such sales can be promoted and the above purposes accomplished, and 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, E011, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: i Section is KI4C 22.05.060 is hereby repealed. Section 2: That KMC 22.05.010 is hereby amended as follows: 1 _pair 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, andr 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 jMt [NO LONGER] required for a public [MUNICIPAL] purpose [ SI ." Section 3: That KMC 22.05.030 is hereby repealed and re-enacted to read as follows: 022,05,030 Ulm (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 07HER] public purpose [S] , 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 ,Manager: "l. 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 4: That KMC 22.05.040 is repealed and re-enacted to read as follows: 2 0 �l .tr Y r "22.05.040 Sale Procedures (a) If the land to be sold has not been appraised by a qualified appraiser within six 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 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, "(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 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 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.) "(3) If all actions necessary for preparation for sale have been accomplished, and if neither the applicant nor any 3 10 { ' � I s _ - 4 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. I'M 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 and if said tract is not leased land upon which substantial improvements. have been made, he may negotiate the sale of said land ony 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 and if said tract is not leased land upon which substantial improvements have been made, 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 d TI ' — /— .. C�......., s . -•_ _ -:: `�;-' ..,'*vim-... •-_ , �.�........... ..� ...ri .....�..... ...,>,.,_,., .. ..... ...,.,.. ,'.-:...ter, .r,.,r . 0 sales 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 Manager. Said notice must contain: "(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) , 0(5) the terms under which the land will be sold, "(6) any limitations on the sale of said land, "M the time and place set for the auction or bid opening, "(8) 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 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 5 _ _ _Y. ,. .:.. •g;,,. �, , - ,-•--r-ram-.,..'.� . �'` 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 listing as set forth above is sold to a buyer furnished by a real estate agent, whether on negotiated sale or after a P E 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. If the parcel is subject to an exclusive listing and is sold to a buyer - furnished by a real estate agent not holding such listing, then the authorized real estate commission will be divided equally between the agents." "(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 I , 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 y been granted a listing to the property and the real estate agent furnishing the ultimate buyer had furnished the buyer of the property. If the parcel is subject to an exclusive listing and neither of the agents as set forth herein holds such listing, then the authorized commission will be divided and paid one-half to the agent holding the exclusive listing E and one-fourth to each of the other two agents." ; i "(g) Closing of sale of City lands shall be handled by a title or escrow company within the City which specializes in r i." closing of real estate sales. 1 "(h) Conveyance of City lands shall be by quit claim deed r'° furnished by the City, and buyers are advised that all such J' conveyances are subject to all liens, encumbrances, s restrictions, and covenants of record and are specifically, without being limited thereto, subject to any unreleased deed deeds by which the restrictions contained in the or City received title to the land. l r • 1 , 9(1) 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) 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 be prepared by an attorney, but must be approved by the City Attorney prior to closing. "(k) 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 K14C 22.05.040 (1), and the buyer shall pay the annual collection fees for such bank collection." "(1) To enable the City to compete on an equal basis with private enterprise in lands disposal, the City Manager is hereby authorized to negotiate a division of the costs of sale listed in 22.05.040(g) (h) (i) (j) & (k) to a maximum of 50% of the required costs being borne by the City, 1 provided however that no costs of sale will be paid by the City where a sale is negotiated at a price below appraised Fair Market Value." Section 5_: That the Kenai Municipal Code is hereby amended by adding a new section to be numbered WIC 22.05.045 which shall read as follows: 022.05,045 Terms For Financing sale of City Lands: (a) In order to expedite and facilitate the sale of City lands, the City Manager is hereby authorized to accept terms for said sales and may accept a note secured by a Deed of Trust for a portion of the purchased price thereof except as follows: "(1) If the sale is to a lessee who has placed a lien for financing upon the land, then the City Manager is not authorized to sell the land except for total cash payment unless the party holding the lien upon the land agrees to subordinate said lien to the Note and Deed of Trust to be taken by the City for sale of the land, and 7 r^� ■ 1 "(2) Prior to making a determination to except a Note and Deed of Trust from a prospective purchaser, the City Manager shall secure a grantee index covering the party desiring to purchase the land from the title company in the recording district in which said party resides and also in the local recording district, and no credit will be advanced on such sale if there are any liens or unpaid judgments found in the title company report until any such judgments or liens are paid and releases therefor have been filed. "In the event of a credit sale, 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. 0(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: "7.30.030 Airport Land Revenue Fund Account: S,aL 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.") ".U1 The City hereby covenants and agrees that all income and revenues arising from the rental, lease, or 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 rund 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 8 6" 4 � � the Federal Deposit Insurance Corporation for as long as anv of the Bonda 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. 11 /L\ •••L-..- I- --A. - ...1 LL i.. •.Lw • --A ZP-A • 1 - I1 " ! i _ _ _ w W such dedication these monies will becomea part of the Airport Investment Reserve _to,ba used only for the investment purposes for „which that Reserve is established." "Section 7: That DIC 22.05.090 (b) is hereby amended as follows: "(b) [TAX FORECLOSED PROPERTIES] Properties conveyed to the City by tax -foreclosure and not required for public purpose shall [MAY] be sold pursuant to the provisions of this section. KMC 22,05,030, 040. 045. and 100. and AS 29 53 370 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 (a) of this section." Section 8: 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: "22.05.025 Conveyance —to Encourage New Industrial nterprises: (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 has appropriated from the general fund to be dedicated to the Airport Investment P.eserve 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 KE►NAI, ALASKA, this 7th day of January , 1980. VINCEI:T O' P.EILLY, MAYOR 10 _ - — TI — �+^4-1'r✓ • '-. .-%.jam ..L K� r4�_. 4 4 1� • • ATTEST: Janet Whelan, City Clerk First Reading: September 17, 1980 Second Reading: November 5, 1980 Third Reading: December 3, 1980 Fourth Reading: January 7, 1981 - - I Effective Date: February 7, 1981 I t i . 1. ' YF 5 , c 3 . I � _fI tRJ L,� t i CITY OF KENAI ORDINANCE NO. 632-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING K14C 23.40.030(f) TO CLARIFY THE REQUIREMENT THAT EMPLOYEES USE A MINIMUM NUMBER OF LEAVE HOURS PER CALENDAR YEAR. WHEREAS, KMC 23.40.030(f) provides that employees are expected to plan to use a minimum number of leave hours per calendar year, and WHEREAS, under the current system, if actual hours used are less than the minimum expectation, the difference is deducted from the employee's available leave hours without compensation, and WHEREAS, the personnel ordinance is not specific, and needs to be amended to clearly state that this is the intended treatment. NOI9, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.40.030(f) is hereby amended as follows: "(f) It is reguired [EXPECTED] that each employee use [SHALL PLAN AT] a minimum 91 80 hours of [ANNUAL] leave per Calendar year for [GENERAL GOVERNMENT] employees working 40 hours Der 112 hours for ��es working egg ivalent of 56of 56 hours week [FIRE], And 84 hours for CUloyges working the equivalent of 42 hours per week [COI*IUNICATIONS AND JAIL], and effect appropriate coordination with the Department head. if actual hours used PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1981. ATTEST: Janet Whelan, City Clerk M VINCENT O'REILLY, MAYOR First Reading: December 17, 1980 Second Reading: January 7, 1981 Effective Date: February 7, 1981 J 1 b rl. i r I 1 i i 1 ._ -.. r_•T �- .-._ T l i �:1 r- SUBSTITUTE ORDINANCE I 10 0 CITY OF KENAI 0 ORDINANCE NO, 633:8r AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 GENERAL FUND BUDGET BY $2,600 IN RECOGNITION OF A STATE OF ALASKA LIBRARY GRANT AND OF LIBRARY DONATIONS. WHEREAS, the City has received from the State of Alaska a Library Grant in the amount of $1,000, and WHEREAS, the City has received approximately $1,600 in donations and charges for lost and damaged books that has not been appropriated, and WHEREAS, the Librarian has asked that these monies be appropriated for the purchase of library books and equipment, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOil, 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: State Library Grant $1,000 Library Donations 1,600 521,600 Increase Appropriations: Library -Machinery & Equipment $ ISO Library -Books 82 1,600 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1981, ATTEST: Janet Whelan, City Clerk Approved by Finance: -.A" VINCENT O$REILLY, MAYOR First Reading: December 17, 1980 Second Reading: January 7, 1981 Effective Dates January 7, 1981 1 ' x ' 1 _ i { CITY OF KENAI ORDINANCE N0, 633-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 GENERAL FUND BUDGET BY $1,700 IN RECOGNITION OF A STATE OF ALASKA LIBRARY GRANT AND OF LIBRARY DONATIONS. WHEREAS, the City has received from the State of Alaska a Library Grant in the amount of $1,000, and WHEREAS, the City has received approximately $700 in donations and charges for lost and damaged books that has not been appropriated, and WHEREAS, the Librarian has asked that these monies be appropriated for the purchase of library books and other materials, 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 estimated revenues and appropriations in the 1980-81 General Fund Budget be increased as follows: Increase Estimated Revenues: State Library Grant S1,000 "Library Doiiazillo s 700 51,700 Increase Appropriations: Library -Books 51.700 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1981. VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk First Reading: December 17, 1980 Second Reading: January 7, 1981 Effective Date: January 7, 1981 Approved by Finance: 1: I I • I, l I i 1 1 IF Aly& RMOMP, sormes '11NNT OF REVENUE DEPART. 20 / I EAST 97H. AVENUE ALCOHOLICBEVERAGECONMOL saM ANCHORAGE, ALASKA 99501 December 18, 1980 Janet Whelan,'Clerk City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Ms. Whelan We are in receipt of the following application(s) for renewal of liquor license(s) within the City o Kenai You are being notified as required by AS 04.11.520. BEVERAGE DISPENSARY PACKAGE STORE Eadie's Frontier Club Eadie's Frontier Liquor Store II -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 O4.11.610(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 ARGU14ENT 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 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. 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, Betty L. Calhoon Records & Licensing Supervisor (907) 277-SS38 BLC:vk Enc. i � f I ■ 1 M j AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 17, 1980 KENAI WETLANDS WORKING GROUP - Discussion with Co it d H bo i .1 unc an ar J. Comm ss on PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC BEARINGS 1. Ordinance 631-80 - Appropriating Money for Land - Management Services - $17,500 2. Renewal of Liquor License - La Fiesta 3. Renewal of Liquor License - Italian Garden Pizzaria 4. Capital Improvement Projects - Request for State Funding C. PERSONS PRESENT SCHEDULED TO BE HEARD D. MINUTES -_ 1. Regular Meeting, November 5, 1980• 2. Regular Meeting, November 19, 1980 3. Regular Meeting, December 3, 1980 a. Two Partial Translations, December 3, 1980 E. CORRESPONDENCE F. OLD BUSINESS 1. City Manager Questionaire 2. Romer Electric - Underground Power Lines 3. Jerry Andrews - Contract for Land Management - Proposal G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 632-80 - Amending KMC to Clarify 4 Employee Leave Hours Requirment ( 4. Ordinance 633-80 - Increasing Rev/Appns - ' General Fund - State Library Grant - $1,700 — - 5. Ordinance 634-80 - Telephone System, New City -- -, Hall - $25, 000 t rA 6. Ordinance 635-80 - Engineering CEIP Streets, 1980 - $31,600 7. Resolution 80-168 - Authorizing Award of Bid - Microfilm System - Eastman Kodak - $11,545 8. Resolution 80-169 - Transfer of Funds - Provide Additional Monies for Purchase and Development of Microfilm - $2,955 9. Resolution 80-170 - Transfer of Funds - Provide Additional Monies for Preparation of Capital Improvement Packets for Legislature - $800 10. Resolution 80-171 - Award of Bid - 10-12 Yard Dump Truck - Alaska Sales & Service - $50,008 11. Resolution 80-172 - Award of Bid - Diesel Tractor - Craig Taylor Equip. - $12,025 12. Resolution 80-173 - Awarding Bid for Telephone System - Glacier State - $25,000 13. Resolution 80-174 - Transfer of Funds - Water and Sewer, Section 36 - $1,600 14. Resolution 80-177 - Award of Contract for Engineering Inspection, Water and Sewer, Section 36 - Trans Alaskan Engineering 15. Resolution 80-175 - Awarding Contract for Engineering Design - Tinker, Lawton & Walker - Mike Taurianinen 16. Resolution 80-176 - Awarding Contract for Engineering Design - Main St. Loop - Wince, Corthell & Bryson • 17. Resolution 80-178 - Accepting Donation of Land from Harold A. Daubenspeck 18. Resolution 80-179 - Calling Special Election for Citizen Support of Small Boat Harbor 19. Quality Asphalt - Change Order #2, Public Safety Building Parking Area - $6,000 20. Pay Estimate #3 - Coastal Inc. - Airport Electrical - $16,045.86 21. Cemetary Maintenance Contract - Tim Wiesnewski 22. Spur Highway Development - Gusty Subdivision H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT r n 1 CD I KENAI CITY COUNCIL - REGULAR MEETING, MINUTES DECEMBER 17, 1980 - 6:00 PM KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Ray Measles, Dick Mueller, Tom Wagoner, V nc nt O'Reilly, Jess Hall Absent: Ron Malston, Betty Glick WETLANDS HEARING: Murray Walsh, Office of Coastal Management, spoke. He explained, they are here basically to "grease the wheels." There is a Memo of Understanding(MOE) that all pertinent agencies would sign. This will take time and money to complete. Mr. Walsh noted Mayor O'Reilly had explained how much it means to the City. As a result, it means more to OCM, after his presentation. Coastal manage- ment programs require proposals, the Borough is doing one right now. What the new Borough administration feels, OCM doesn't know. It will take 1-1/2 years to prepare, one year to study and 6 mos. to agree on what is right. All at the table must agree all along the line. This is experimental, it has not been done before. OCM serves as "grease," but at some time an agency must take over that can stay in the area. Ultimately there will be a City consultant. The 4 State agencies and 4 Federal agencies must agree. The agencies involved are: Federal - Corps. of Engineers National Marine Fisheries Fish & Wildlife State - Dept. of Environmental Conservation Dept. of Natural Resources Fish & Game Office of Coastal Management State Dept. of Community & Regional Affairs will be major funding source. Councilwoman Glick entered at this time. Amy Kyle, Office of Coastal Management, spoke. She noted Gary Davis, Administrative Coordinator, had sug- gested the City take the lead in promoting this to the citizens of the City. This is something the City can consider. It is entirely legal. Mr. Walsh noted OC14 r 1 1 i E 1 1K] • KENAI CITY COUNCIL DECEMBER 17, 1980 Page 2 would encourage this. Ms. Kyle continued - The advan- tages of this program are% 1. The permit system would be more predictable. 2. Review time would be shorter. 3. Important wetlands will be identified. 4. Siting of wetlands locations will be found. 5. In case of a State trade-off, it can be done on the basis of this plan. 6. It could bring bureaucratic problems out in the open. 7. Areas that need Corps. of Engineers identifi- cation will be made. Mayor O'Reilly asked, if the City signs the 240E, what does Mr. Walsh see the City will put into the "pot?" Mr. Walsh replied, largely the same thing. OCM hopes the Borough will support the City project, and not slow it down. If we show solidarity, it will help." We repre- sent many different needs, the City will primarily repre- sent the needs of the City." Environmental concerns are well represented, the City will best speak on development needs. Councilman Malston arrived. Debby Clausen, State Fish & Game, spoke. She introduced representatives present at the Meeting, there were repre- sentatives Proms Environmental Protection Agency, Fish & Wildlife, Fish & Game, Dept. of Natural Resources, Environmental Conservation Agency, Dept. of Conser- vation, Planning Div., and National Marine Fisheries. Ms. Clausen read from her prepared statement. Mayor O'Reilly asked what was the estimated cost of the study? Ms. Clausen replied approximately $224,000. The habitat part will be over two years. Councilman Wagoner asked, what was the definition of wetlands? Mr. Walsh replied, there are about 15 differ- ent opinions, the Corps. of Engineers defines it as a combination ofs Vegetation Soils Hydrology Ms. Clausen noted it is identified by Fish & Wildlife based largely on vegetation and soils. Mr. Walsh said ' J 1� KENAI CITY COUNCIL t DECEMBER 17, 1980 Page 3 the jurisdiction is intertwined with the wetlands def- inition. There are many variables. Ms. Kyle noted as part of this project, the Corps, of Engineers will tell us what part of the wetlands fall�aver"their jurisdiction, There are two criteria sr- 1. Whether they are defined as wetlands. 2. If they are in the right place Mayor O'Reilly asked, what is the next stage? Mr. " Walsh replied, whatever Council steps are needed. He noted right now all agencies are in agreement, Mayor O'Reilly asked, is Jan. 15, 1981 start-up? Mr. Walsh - replied yes. Mayor O'Reilly asked, if we have a Jan. 7, 1981 resolution, would that fit in your time frame? Mr. Walsh replied, they will start now and wait for the go-ahead from the City. They must hear from the Borough first. Public Input - - Waldo Coyle spoke. He noted since he is part-owner of the land, under a patent awarded in 1949, he wanted to speak. Nothing was said about water or Corps, of Engi- neers supervision. He only recognizes the stipulations ° on his patent. OCM is asking the City to make a deal on lands we know nothing about, and will get no reimburse - went for. How can the government take land without just compensation? The City has zoning powers under the Borough, now OCM is attempting to take lands without compensation. Perhaps a court case would be necessary to establish if they can take the land without compen- sation. Ruby Coyle spoke. She didn't think the City should go into an agreement with these people, She has not seen the agreement yet. k' Phil Bryson, Chairman of Planning & Zoning Commission, spoke. He would like to see public hearings with Plan- ning & Zoning and the Council. Uo"E� Mr. Walsh said he was unprepared for the strength of some '8 4; people's feelings.. There must be 30 days notice for public hearings. We could start Fish & Game efforts on the gamble of the City's feelings. The other agencies ' can wait, Fish & Game cannot. The agreement is just to - --- participate in the effort, the City can step away at any time from the effort. OCM wants a sense of togetherness. -1 KENAI CITY COUNCIL - DECEMBER 17, 1980 Page 4 City Manager Brighton asked Mr. Walsh, without the agree- ment, the study will not be done? Mr. Walsh replied yes. Mr. Brighton asked, wouldn't you have to do this anyhow, even dept. by dept.? Mr. Walsh replied the idea is our dept. and the City will agree. Council agreed to a special meeting on Jan. 14, 1981. Mayor O'Reilly said then Mr. Walsh could have the feel- ing of the City to bring to the Borough Jan. 20, 1981. Mr. Walsh said that was okay. He noted Community & Regional Affairs is reluctant to gamble, but OCM may be able to work with the Borough in that time. Mayor O'Reilly noted Mr. & Mrs. Coyle are excellent sources - of reference, if Mr. Walsh was interested. Mr. Walsh replied, if they wish to, OCM would like to contact them. Councilwoman Glick said the whole idea of the program is to simplify the program. Regarding compensation, that is discussed in the preamble. These things are being addressed. It is of benefit to owners as well as the City. Waldo Coyle said if this is a Federal act, they must be done by the Federal Government, it is not up to the City to settle. Mr. Walsh said it may be that a court suit may bring about the desired result. • He didn't think so. He hopes the citizens don't doubt -! the sincerity of the entities involved. l Mayor O'Reilly said at the Anchorage Chamber of Commerce meeting Monday (12-15-80) there were some startling I statements mades their position was that the quality of life will now be the most fundamental issue in the City development. It is a reversal of the previous potions. After a recess, the regular Council meeting continued. There was no agenda approval. B. PUBLIC HEARINGS B-1 Ordinance 631-80 - Appropriating Money for Land Management Services - $17,500 MOTIONS Councilman Measles moved, seconded by Councilwoman � Glick, to approve the ordinance. f Public Comments Wayne Regelin spoke. He said he would urge the 4 ; o k -- — a s r KENAI CITY COUNCIL DECEMBER 17, 1980 Page 5 Council delay action till we find out what the Bor- ough will do with planning. We may have to hire someone to take over these duties. Ruby Coyle spoke. She agreed with Mr. Regelin. She wonders if we get the same kind of service on a contractural basis as we do with City employees. "Contracts are fine, but if any little deal is not in writing, you can come out with a sour one." You would have more direct control over a City employee. i You need someone to have control over City lands. She would think long before selling the City lands. We have just seen what happened on a lease of City y lands to the small boat harbor. She can see the City down the road buying back land the City has R sold now. There is lots of land on the market. = You need someone qualified to handle leasing of land, but we should not sell. Atty. Delahay suggested the Council tie this into d F-3, Land Management Proposal Contract. Council agreed. 1- B-2 Renewal of Liquor License - La Fiesta Clerk Whelan said all taxes are paid current on this business. MOTION: I � _ Councilwoman Glick moved, seconded by Councilman I Mueller, to send a letter of non -objection to the Alcoholic Beverage Control Board regarding La Fiesta. Motion passed unanimously by voice vote. B-3 Renewal of Liquor License - Italian Garden Pizzaria Clerk Whelan said all taxes are paid current on this business. MOTION: I Councilwoman Glick moved, seconded by Councilman Mueller, to send a letter of non -objection to the --.- Alcoholic Beverage Control Board regarding Italian Garden Pizzaria. i� Motion passed unanimously by voice vote. a � I 1 i KENAI CITY COUNCIL DECEMBER 17, 1980 • Page 6 B-4 Capital Improvement Projects - Request for State Funding City Manager Brighton reviewed the brochure. He explained the City was starting on the premise, what would be the City's wishes if they only got $2 Million, then moved up to $4 Million, to a total of $7-1/4 Million. The public hearing was to get input from the public as to acceptance of prior- itization (sic). Mayor O'Reilly noted there were 3 other projects endorsed by Council: Small Boat Harbor Culture Center Library Addition Mayor O'Reilly further explained, the $7 Million is customary City improvements, the $20 Million for the harbor, plus the library and culture center comes to $32 Million. The planned luncheon with the Chamber and Kenai Legislators will be changed to a special meeting. The final proposal will be decided for the Dec. 29 luncheon in Anchorage with • the Anchorage legislators. There was no public comment. Councilwoman Glick asked, there were public hear- ings Dec. 16, tonight (12-17-80), and one scheduled for Jan. 7, 1981. Does this mean the Jan. 7 one is cancelled? City Manager Brighton explained Jan. 7 is the final stage after the brochures are complete. If there were changes, we could add an addendum. We are held to the Jan. 7 hearing. Councilwoman Glick asked, do we just need a state- ment saying we concur with the time schedule per the Mayor's suggestion, we will review again, but not cancelling the time schedule of Public Works Director Kornelis? Mayor O'Reilly replied yes. Council agreed to the statement as submitted. Ruby Coyle spoke. She asked if last night's (12-16-80) comments will be included. Mayor O'Reilly replied yes. C. PERSONS PRESENT SCHEDULED TO BE HEARD • None D. MINUTES D-1 Regular Meeting, November 5, 1980 OR E 0 KENAI CITY COUNCIL DECEMBER 17, 1980 Page 7 Councilwoman Glick said page 2, paragraph 4, line 2, the sentence starting, "There's alot--" should read, "There's a lot--." Council agreed unanimously by voice vote to the correction. Councilwoman Glick said page 2, paragraph 4, line 5, the sentence starting, "There's alot--" should read, "There's a lot--." Council agreed unanimously by voice vote to the correction. Councilwoman Glick said page 7, paragraph 3, 4th line from the bottom, the sentence starting, "Chief Ross replied he recommend --,"should read, "Chief Ross replied he would recommend--." Council agreed unanimously by voice vote to the correction. Councilwoman Glick said page 15, paragraph 1, lst line, the sentence reading, "reduced the amount of--," should read, "reduced the amount to--." Council agreed unanimously by voice vote to the correction. Councilwoman Glick said page 21, paragraph 5, line 6, the work "deference" should be "difference." Atty. Delahay agreed to the change. Council agreed unanimously by voice vote to the change. Council approved the minutes unanimously by voice vote as changed and corrected. D-2 Regular Meeting, November 19, 1980 Minutes were approved as submitted, D-3 Regular Meeting, December 3, 1980 a. Two Partial Translations, Dec. 3, 1980 Clerk Whelan said Finance Director Brown had requested page 17, section H-5, Finance Director, line 5, the sentence starting, "He would like--" r� i� KENAI CITY COUNCIL i DECEMBER 17, 1980 Page 8 :P be deleted in entirety, and changed to read, "He said perhaps the Council should appoint a finance committee to review the proposal and if they find that proposal is unacceptable, then we can solicit other proposals. This should be done no later than February." ! Council approved the change unanimously by voice vote. Minutes were approved as changed by the Council. E. CORRESPONDENCE Mayor O'Reilly asked that the letter from Cable TV that was in the packet be put on the agenda as a discussion item for the Jan. 7 meeting. Council agreed. F. OLD BUSINESS • F-1 City Manager Questionnaire Councilman Wagoner suggested, if we mail this out to the public, they should be asked to list any areas they feel could be improved specifically. City Manager Brighton explained, this is just to give an overview of the City problems. Council- man Wagoner suggested sending a separate question- naire at the same time. Mr. Brighton replied, this is a separate problem. Mayor O'Reilly noted, this is an unidentified form, this would be identifying areas. Could we get response by areas? Mr. Brighton explained, this would change the intent of the questionnaire. This is a cross-section and was designed to get a cross-section. He has added more questions to the original questionnaire. He asked the media to not publish the questionnaire till it is answered to avoid bias. The City would ask for no publicity till then. There was some discussion on individual questions. Mr. Brighton explained, the results will be in percentages, it will prove we need to do work in this area of work. Councilman Wagoner noted on number 12, there's never been talk of 90% of funding, it has always been 10n. That is building a negative response. • Council agreed to change that to 100%. 1 .r KENAI CITY COUNCIL, DECEMBER 17, 1980 Page 9 Councilwoman Glick asked if Mr. Brighton planned to specify a deadline and enclose a self-addressed return envelope in the questionnaire, with a cover letter? Mr. Brighton replied yes, they hoped to have a ten day deadline. There was more dis- cussion on specific questions. Atty. Delahay said #5, this Council does not have the authority to follow up on that. This presents a question if the public might think the City can do something we cannot do. Mr. Brighton explained, we do not have the authority, they can still write to their legislators. This is just a public opinion poll. The legality has nothing to do with it. There are other questions that may have legal problems, but it is important for the Council to know how they feel. MOTIONS Councilman Malston moved, seconded by Councilman Measles, to direct the Administration to proceed with the distribution of the questionnaire with suggested changes. < Motion passed unanimously by roll call vote. F-2 Homer Electric - Underground Power Lines City Manager Brighton said he had a discussion with Mr. Wik, of Homer Electric. He said he would take this before the Board in January. He was very leery of that situation, that other cities would expect HEA to do the same thing. He did not think the Board would go for it. Mayor O'Reilly asked if they own the lines. Councilwoman Glick said HEA is paying for them. Atty. Delahay said in a few years, they will own them. Council- woman Glick said this was referred to the Public Works Committee I-astCity Manager Brighton had the authority to do as he said. F-3 Jerry Andrews - Contract for Land Management Proposal Councilman Mueller asked to refrain from voting, as he could profit from this. Council agreed to the action. ro Councilwoman Glick referred to the newspaper article regarding this item. The Council did have s 1� a . 1V _ KENAI CITY COUNCIL • DECEMBER 17, 1980 Page 10 a work session in November on this. Also, at the 2nd and 3rd work sessions, they were advertised, it is not the fault of the Council that the Clarion did not have a representative. KSPM did have. MOTION: Councilwoman Glick moved, seconded by Councilman Hall, to postpone any action and get proposals at large. Councilwoman Glick continued, this was not decided by the Clarion article, but by discussions she has had. Councilman Wagoner said he is not in favor of the proposal. We have not gone out to bid. We should think about hiring our own person. The Atty. and Admin. Assist. will still have the same amount of work. With a City employee, there will be more continuity in the work. Also, has there been any research on how much work the City puts into lands, so it could be directed to other work if we had a land person? Mayor O'Reilly replied there were estimates made at the Land Committee • meeting. Motion failed, with Councilman Measles and Mayor O'Reilly voting yes; Councilmen Malston, Wagoner, Hall, Councilwoman Glick voting no; and Council- man Mueller abstaining. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the contract. Motion failed, with Mayor O'Reilly voting yes; Councilmen Malston, Measles, Wagoner, Hall, Council- woman Glick voting no; Councilman Mueller abstaining. B-1 Ordinance 631-80 - Appropriating Money for Land Management Services - $17,500 MOTION: Councilwoman Glick -moved, seconded by Councilman Malston, to approve the ordinance. It was noted that the motion for approval had already been made. • Motion failed, with all Councilmembers voting no, Councilman Mueller abstaining. I 1 KENAI CITY COUNCIL DECEMBER 17, 1980 Page 11 G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the bills as submitted. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 -- Finance Director Brown asked to add to the requi- sitions, Vendor -William Murray, Gymnasium to Youth Center, $1,700. Recreation Director McGillivray explained since Mr. Murray designed the building, i.. they felt they should deal with this man for the gymnasium. It will be in the capital improvements brochure. Councilwoman Glick asked, where are the funds coming from? Finance Director Brown replied, non -departmental professional services account. ,. Councilwoman Glick said she had an objection, are we doing this based on Capital Improvements Projects? Mayor O'Reilly replied yes. Councilwoman Glick asked, isn't this far down on the list? City Manager Brighton replied, #18. Councilwoman Glick asked, how did we arrive at $5,000 figure? Mr. Brighton said it is the cost of the gymnasium. Mr. McGillivray said the additional funding was based on the additional features added. Council- woman Glick asked, does the total figure include the ball fields? Mr. McGillivray replied yes. ;r Mayor O'Reilly asked, was it also stated at the Committee meeting that it will go to bid instead of design-ba4a4WMr. McGillivray replied yes. Councilwoman Glick said it may be easy to get `r facilities, but we should be getting facilities that .�.�� require little or no q personnel. The gymnasium ;;._. will add personnel. The money from Juneau is not for operation and maintenance. Councilman Wagoner replied, he didn't think the gymnasium at this time will cost us that much. Whoever is j: hired can oversee the gymnasium also. There would be increased utilities and janitorial charge only. —j Mr. McGillivray agreed with Councilman Wagoner. Councilman Hall asked if they had additional revenue estimates. Mr. McGillivray replied there _ is a possibility we might generate additional i - _ KENAI CITY COUNCIL . DECEMBER 17, 1980 Page 12 revenue, but he could not promise. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the requisitions as listed. Motion passed unanimously by roll call vote. MOTIONS Councilman Measles moved, seconded by Councilman Malston, to approve the additional $1700 requisition. Motion passed, with Councilman Mueller voting no. G-3 Ordinance 632-80 - Amending KMC to Clarify Employee Leave Hours Requirement MOTION& Councilman Measles moved, seconded by Councilman Malston, to introduce the ordinance. o- • Motion passed unanimously by roll call vote. G-4 Ordinance 633-80 - Increasing Rev/Appns - General Fund - State Library Grant - $1,700 MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. j G-5 Ordinance 634-80 - Telephone System, New City ro Hall - $25, 000 MOTION& Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Councilman Mueller asked, this was not the lowest `-.y-1 bid received, why was it chosen? Finance Director =f=l Brown replied, this was explained in the resolution in the packet. There are 3 reasons: .J KENAI CITY COUNCIL DECEMBER 17, 1980 Page 13 1. Local installation - the other would require transportation costs 2. The warranty is better 3. They are Glacier State lines Councilman Wagoner asked are there additional ex- tensions? Mr. Brown replied it can handle 36, we have requested 18. Councilman Wagoner noted it is the same system as the Community College, the City should look at a larger system. The College has ----- 60. Councilman Measles noted the system could be added to at any time. Councilwoman Glick asked who is ACI? Mr. Brown replied he didn't know what the initials stood for, but it was not the same C LAI company that had the airport franchise some time ago. Motion passed unanimously by roll call vote. Atty. Delahay noted the date shows the 2nd read- ing tonight (12-17-80). Mr. Brown replied yes. MOTION: Councilwoman Glick moved, seconded by Councilman Wagoner, to have the second reading tonight (12-17-80) Motion passed unanimously by roll call vote. MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the ordinance. Public Comment: Stever Reinhardt, from the Peninsula Clarion, asked why the 2nd reading was tonight. Finance Director Brown explained that the phone system takes two months to obtain. Motion passed unanimously by roll call vote. G-6 Ordinance 635-80 - Engineering CEIP Streets, 1980 - $31,600 MOTION: Councilman Measles moved, seconded by Councilman Malston, to introduce the ordinance. - 1 p jI i . r �j I • I KENAI CITY COUNCIL . DECEMBER 17, 1980 Page 14 .� l Motion passed unanimously by roll call vote. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to consider the second reading of Ordinance 635-80. Motion passed unanimously by roll call vote. MOTIONz Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. ; There was no public comment. Councilman Wagoner asked why this was necessary. - Finance Director Brown explained Resolutions 80- 175 and 80-176 approve the contract for engineers, we will go over without the ordinance. ; Motion passed unanimously by roll call vote. t r� ! G-7 Resolution 80-168 - Authorizing Award of Bid - Microfilm System - Eastman Kodak - $11,545 MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-8 Resolution 80-169 - Transfer of Funds - Provide Additional Monies for Purchase and Development of Microfilm - $2,955 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. • G-9 Resolution 80-170 - Transfer of Funds - Provide -- Additional Monies for Preparation of Capital Im- provement Packets for Legislature - $800 KENAI CITY COUNCIL DECEMBER 17, 1980 Page 15 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-10 Resolution 80-171 - Award of Bid - 10-12 Yard Dump Truck - Alaska Sales & Service - $50,008 MOTION: Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. There was no public comment. Councilman Wagoner asked, the resolution says Alaska Truck meets all specs, does Alaska Sales & Service meet all specs? Mr. Brighton replied he didn't know, and Public Works Director Kornelis was not at the meeting. Councilman Malston asked, is this the 2nd dump truck? Mr. Brighton replied no, he originally asked for $60,000. He went to bid for $50,000. It was Federal Revenue Sharing monies. Finance Director Brown explained Mr. Kornelis has one older one and one that is wrecked. This is the Federal Revenue Sharing we approved. Councilwoman Glick further explained, there is one dump truck wrecked, Mr. Kornelis said there was one used one he could get at $50,000. We told him to get it, but he wasn't able to, so we told him to get a new one for $50,000. She has no problem with this recommen- dation. Motion passed unanimously by roll call vote. G-11 Resolution 80-172 - Award of Bid - Diesel Tractor - Craig Taylor Equip. - $12,025 MOTION: Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. There was no public comment. IE t KENAI CITY COUNCIL I 1 DECEMBER 17, 1980 1 • Page 16 Councilwoman Glick said Public Works Director Kornelis thought this was a good bid, does Recreation Director McGillivray agree? Mr. J McGillivray replied yes. r Motion passed unanimously by roll call vote. G-12 Resolution 80-173 - Awarding Bid for Telephone System - Glacier State - $25,000 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. y , G-13 Resolution 80-174 - Transfer of Funds - Water & Sewer, Section 36 - $1,600 1 MOTION: Councilman Measles moved, seconded by Councilman �• Malston, to approve the resolution. - k� There was no public comment. I Motion passed unanimously by roll call vote. G-14 Resolution 80-177 - Award of Contract for Engi- neering Inspection, Water & Sewer, Section 36 - Trans Alaska Engineering MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Councilwoman Glick noted this was considered at the Public Works Committee meeting last Thurs. (12-11-80). There were 6 proposals. Mayor O'Reilly asked about the location of the office. Councilwoman Glick replied, it is in Seward, but moving to Kenai Lake. - They moved to Soldotna when they were doing work for the Borough, and would establish offices in $ 1 . Kenai if they got the job. •.� Motion passed unanimously by roll call vote. 1 i � I ri KENAI CITY COUNCIL DECEMBER 17, 1980 Page 17 G-15 Resolution 80-175 - Awarding Contract for Engineering Design - Tinker, Lawton & Walker - Mike Taurianinen MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Councilwoman Glick said the Public Works Committee reviewed this. This is their unanimous recommendation. Motion passed unanimously by roll call vote. G-16 Resolution 80-176 - Awarding Contract for Engineering Design - Main St. Loop - Wince, Corthell & Bryson MOTION: Councilman Measles moved, seconded by Councilman Malston, to approve the resolution. There was no public comment. Councilman Mueller asked, we have lower bids, do they not meet requirements? Councilwoman Glick replied, Public Works Director Kornelis gave them a matrix to determine the way to go. The low proposals were too low. Councilman Mueller noted Mike TaurianinerA recommendation for Lawton Dr. is lower than Wince, Corthell & Bryson is and was not recommended for this. Councilwoman Glick replied true, but we considered the local firm. The acceptable bidder was more aware of problems involved. Also these are "not to exceed" figures. Motion passed with Councilman Mueller voting no. G-17 Resolution 80-178 - Accepting Donation of Land from Harold A. Daubenspeck MOTION: Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. There was no public comment. Atty. Delahay reviewed the donation, and added amendments passed out at the meeting. He explained • KENAI CITY COUNCIL DECEMBER 17, 1980 Page 18 the restrictions are necessary for Daubenspecks to have a tax deduction. The deeds themselves are unrestricted. We do not know the complete value of the land as to gas & oil reserves. MOTION, Amendment: Councilwoman Glick moved, seconded by Councilman Measles, to amend the motion by substituting for adoption Resolution 80-178 as presented to Council and amendments by the City Attorney this date, Dec. 17, 1980. There was no public comment. Mayor O'Reilly noted the City is honoring the request of Daubenspecks that sales of oil & gas revenues be dedicated to City athletic programs. Motion, as amended, passed unanimously by roll call vote. MOTION: Councilman Measles moved that a letter be sent to Daubenspecks expressing our thanks. There was no second. Motion passed unanimously by roll call vote. Mayor O'Reilly requested Atty. Delahay follow through with their attorney. Councilwoman Glick asked, we are seeing that we will dedicate the proceeds to athletic programs by res- olution, this can be undone. Do we need something more binding? Atty. Delahay replied, this is what their attorneys have suggested. We are accepting subject to this provision. If we violate, the Daubenspecks could violate or withdraw. If another Council tries to use it otherwise, they could come back and withdraw or protest. Councilman Wagoner asked, this does not prevent us from the sale. Atty. Delahay replied, right. G-18 Resolution 80-179 - Calling Special Election for Citizen Support Of Small Boat Harbor MOTION: Councilman Mueller moved, seconded by Councilman Malston, to approve the resolution. KENAI CITY COUNCIL DECEMBER 17, 1980 Page 19 Atty. Delahay explained this was placed on the table tonight with amendments. The reason was the election problem the Clerk brought to his atten- tion. We could put this on the ballot with this election, it is a charter change. The property owner's stipulation is unconstitutional. MOTION, Amendment: j Councilwoman Glick moved, with concurrence of Councilmen Mueller and Malston, to amend the -( resolution by substituting section two as sub- mitted this date (12-17-80) and note the last sentence, "within the City." There was no public comment. Councilman Wagoner noted on proposition #3, the City has the right to spend the money. It was voted in 1974, here and at the State level. It was a State bond issue, this doesn't serve a purpose. Councilwoman Glick said she requested the reso- lution pertaining to the harbor based on comments of the public. Whether or not we voted in 1974, she won't debate. Whether it is allowable or not, the citizens should vote on it. It will be a large project. The citizens should have the right to vote on this. Councilwoman Glick asked Admin. Coord. Davis, do we have the right to spend the money? Mr. Davis replied he hadn't found out yet. Councilwoman Glick said we are spending money we do not have in written authority. Councilman Wagoner said this is in the capital project $250,000. That being the case, any engineering contract should be put out as a ballot. We voted over $100,000 to engineering. Councilwoman Glick said this is the basis for the capital im- provement project. The acquisition of land for any capital improvement project starts with the land. Councilman Measles asked, with #2 and #3, what would you do if #2 was yes and #3 was no? Also, there may be a possibility tracts B&C would not be the correct location. Mayor O'Reilly asked Atty. Delahay, what would be the timing on the resolution? Atty. Delahay replied, after checking with Clerk Whelan, we have ample time if you wish to work on it. Councilwoman Glick said tracts B&C may not be the site, but based on information ! t f KENAI CITY COUNCIL , • DECEMBER 17, 1980 Page 20 I received, it seems that they are the sites and they are determined to use $250,000. Personally, she thought we should wait till CH2M Hill does a feasi- bility study. Also, this is based on contract offer and is pending. We have till Feb. 28, 1981 to accept or reject that proposal. Mayor O'Reilly noted we have a work session to review the harbor matterr if we could stay in the time frame and discuss it at the next meeting. Councilman Wagoner said he could guarantee you that you would have a hard time getting it at best. It is too long. It i should be cut down, Also, #4, "generally" is not a specific statement. Mayor O'Reilly asked the Council if they wished to postpone? f` There was no reply from Council. ! Admin. Coord. Davis said in discussion with CH2M Hill and the Harbor Commission, the feelings are there have been problems iri presenting this to the Council, how they came to the conclusions - the amount of data that went to Council and will now go to the • public. Vice -Mayor Glick took the chair. MOTION, To Postpone: Mayor O'Reilly moved, seconded by Councilman Wagoner, to postpone till the Jan. 7, 1981 meeting, the Resolution 80-179. t. Mayor O'Reilly said we will have a work session with the Harbor Commission Dec. 22, 1980. The wording in $3 can be interpreted two ways. We have accessibility to State bond funds and can be ob- tained administratively. That probably hasn't } been emphasized enough. The question has been {.; raised, granted the funds should be used for this t purpose, but he would feel more comfortable after ?` getting with the Harbor Commission. t{ Motion passed unanimously by roll call vote. Mayor O'Reilly resumed the chair. G-19 Quality Asphalt - Change Order #2, Public —_-_ Safety Building Parking Area - $6,000 • MOTION: -- i Councilman Malston moved, seconded by Councilman j Mueller, to approve the change order. R d, KENAI CITY COUNCIL DECEMBER 17, 1980 ( Page 21 Notion passed unanimously by roll, call vote. G-20 Pay Estimate #3 - Coastal Inc. - Airport Electrical - $16,045.86 NOTIONS Councilman Malston moved, seconded by Councilman Measles, to approve the pay estimate. 11 Notion passed unanimously by roll call vote. G-21 Cemetary Maintenance Contract - Tim Wiesnewski City Manager Brighton noted this has been at 2 work sessions and has not been addressed yet. The sign says, "City of Kenai Cemetary" but there are no records or plots. People are using it at will without authority. Under the circumstances, this should go before Council. The area has been totally neglected with the exception of recent help by the City and volunteers. Mr. Wiesnewski 1 has devoted a good amount of time and energy with- out payment. Councilman Malston asked, have we ever determined who owns the land? Mayor O'Reilly said the last he heard, BLM owns it. Councilman Malston said that doesn't mean we should not main- tain it. Mr. Wiesnewski explained he is going by guidelines of other cemetaries. The records are important, but the markers are good for uniformity. f Councilwoman Glick said there are records. Mr. Wiesnewski replied, the center section was done in --, the middle 60's, he received the records from Carl <j Glick. There are areas, however, where you don't know who is buried there. Councilman Wagoner said we should find out who owns the land. We should develop, survey, etc. with the help of Mr. Wiesnewski. It is better than it used to be. We should not enter into a contract without ownership. Council- woman Glick said but it is still being used during this time. If it takes considerable time, we 1 / should have a contract in the meantime. MOTION-. Councilman Malston moved, seconded by Councilman ---"j - Measles, to direct the administration to draw up a contract between Mr. Wiesnewski and the City for __- maintenance of the cemetary. - f , i I1 e_ x. ■ ■ ME KENAI CITY COUNCIL DECEMBER 17, 1980 Page 22 MOTION, Amendments Councilman Mueller moved, seconded by Councilman Wagoner, to request the City Manager to request proposals for a contract for maintenance of the City cemetary. Councilman Wagoner said that might help the sit- uation, but it might put Mr. Wiesnewski in a bad situation. Other companies could do what they want. MOTION, Amendments Councilman Wagoner moved, seconded by Councilman Mueller, to direct the administration to find out about the ownership of the cemetary. Councilwoman Glick referred to the Spruce Grove cemetary. They are very strict down there. It is an association. She noted the competition does lack caring. VOTE, 2nd Amendments Motion passed unanimously by roll call vote. MOTION, 1st Amendments Motion failed, with Councilmen Mueller, Hall and Mayor O'Reilly voting yes; Councilmen Malston, Measles, Wagoner and Councilwoman Glick voting no. MOTION, Main Motion with Amendments Motion passed with Councilman Mueller voting no. Ruby Coyle spoke. She noted a long time ago, the Civic League tried to procure the land and could not. When the airport land was given to the City, this was left out. It should be in the City files. She noted Elsie French would be able to tell you everyone that is buried there. G-22 Spur Highway Development - Gusty Subdivision Airport Manager Swalley explained the primary request is to extend the platting of Gusty Subdivision. 0 71 1 KENAI CITY COUNCIL DECEMBER 17, 1980 Page 23 F Councilman Mueller noted the design should be laid out to allow access. Mr. Swalley explained there , is a right-of-way there. City Manager Brighton said what started this, a person asked to lease the land and it was not platted. It has been to Planning & Zoning, they recommend it be done. MOTION: i I Councilman Malston moved, seconded by Councilman a Measles, to concur with the motion of the Planning & Zoning Commission. --- Motion passed unanimously by roll call vote. ' G-23 Games of Chance & Skill, Kenai Emblem Club #455 NOTE: This was added to the agenda by unanimous approval of the Council at this time. MOTION. - Councilman Malston moved, seconded by Councilwoman Glick, to approve the application. Motion passed unanimously by roll call vote. H. REPORTS H-1 City Manager City Manager Brighton spoke. Ordinance 612-80, A motion was made to amend at the Planning & Zoning meeting. They recommended deletion of a portion, it will be at the next meeting. Councilwoman Glick asked about the job description project. Mr. Brighton replied, we have received information from the Municippal League, he has talked to Finance Director Brown, he has had a department head meeting, they are working on it. H-2 City Attorney None H-3 Mayor Mayor O'Reilly spoke. J� C KENAI CITY COUNCIL DECEMBER 17, 1980 Page 24 1. CommonSense Alaska had a meeting in Anchorage, Saturday (12-13-80). It is an excellent effort, discussing what should be done with the excess funds going to the State. 2. Dec. 10, the City Mayors, City Managers, and Borough Mayor Thompson had a meeting. The principle item of conversation was removal of Planning & Zoning from the Borough. If the City wishes to continue planning, zoning & platting, they could do so. Mayor O'Reilly asked if Title 29 had been researched regard- ing government giving up powers? Also, even if the cities set up planning powers, what is to prevent a new Borough from taking the powers back? How would this be financed? Do the Borough funds flow through to the City? He felt it would have a bad effect on economic development. The meeting was inconclusive, he suggested the Council wait a reasonable amount of time for action and call a meeting of the Mayors of the Borough area to take a course of action. 3. There will be a special meeting Dec. 22, 1980 regarding the Capital Improvements Proposals, with a vote at the end. 4. There will be a luncheon meeting at the Capt. Cook in Anchorage with the Anchorage legis- lators, Kenai legislators, Council and Admin- istration, regarding the Capital Improvements Proposals. 5. There will be a work session Monday (12-22-80) with the Harbor Commission. Clerk Whelan was asked to handle the meetings. 6. There was a request to have Dec. 26 as a day off or a trade-off day with Jan. 2 for the City employees. Councilman wagoner noted many places allow both to be holidays and substitute a State or government holiday. Councilwoman Glick said she suggests if they wish to take it without pay, they can do so. The employees get good pay and conditions. City Manager Brighton asked to able to handle this as he sees fit. Council agreed with City Manager Brighton. KENAI CITY COUNCIL DECEMBER 17, 1980 Page 25 7. Exxon Fleur has stated the petrochemical study is still in a "go" phase. 8. He wished to thank Chief Ross for his award to the Kenai High School swim team. 9. He would like to commend the staff on the Capital Improvements Projects. Councilwoman Glick asked the Mayor if the letter to Juneau Mayor Overstreet had gone out. There were some grammatical errors in it. Mayor O'Reilly replied it had. H-4 City Clerk Clerk Whelan noted in addition to the meetings mentioned by the Mayor, the City Christmas party will be held Dec. 21 at the Sheffield House. H-5 Finance Director None "J H-6 Planning & Zoning Councilwoman Glick spoke. 1. Gusty Subdivision has already been discussed. 2. Ordinance 612-80 has already been discussed. H-7 Harbor Commission Admin. Coord. Davis said there was a meeting with CH2M Hill today (12-17-80). He will have a draft copy of the contract by Friday (12-19-80). I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Ruby Coyle spoke. Regarding Planning & Zoning returning to the City. At this time, what was the opinion of the other 14ayors? Mayor O'Reilly re- plied, the proposal raises more problems than it solves. The Mayors were very much against it, he could assume. Mrs. Coyle asked, does the City have to be willing to take the responsibility? Mayor O'Reilly replied yes. Mrs. Coyle noted the Borough could take it back whether the City wants them to or not. Councilman Mueller said he attended the Finance Committee meeting in the Borough. He z KENAI CITY COUNCIL DECEMBER 17, 1980 Page 26 expressed the City position, we were not against relief, just that it should be studied. They asked what would our reaction be on the vote, would Council put this on real estate tax? He said he told them he did not know, they would look at all this. Councilwoman Glick said perhaps they should consider deleting 1% of the Borough tax. Was this conveyed to the Committee? Councilman Mueller said we may have given two different programs, but they are not in conflict. He felt we should look at the program thoroughly before acting. He noted it was referred to a sub -committee for further study. Councilman Measles asked Councilman Mueller, did he feel a sense of the Finance Committee? Have they made up their minds already? Councilman Mueller replied one of the committee (members) thought it was a good idea, after receiving static, he was willing to study it further. Mayor O'Reilly wished all those present a Merry Christmas. Ktit�.�r Dick MatteaT-f from KSRM, said he can't hear what is being said, he requested the Councilmembers move closer to their mikes. Meeting adjourned at 11:15 PM. Respectfully Submitted, t�.X eWhelan, City Clerk e i KENAI CITY COUNCIL - SPECIAL MEETING - DECEMBER 22, 1980 - 12:00 Noon SHEFFIELD HOUSE, KENAI MAYOR VINCENT O'REILLY PRESIDING Public Hearing, Capital Improvement Projects Present: Ray Measles, Dick Mueller, Tom Wagoner, Vincent O'Reilly, Betty Glick Absent: Jess Hall, Ron Malston Also in attendance were Representatives Malone and O'Connell. In the audience were S. Reinhardt from the Peninsula Clarion, D. Stetler from Alaska Statebank, G. Day from Chevron Inc., Atty. R. Baldwin, D. Morgan from Chamber of Commerce, and City employees: E. DeForest, G. Davis and K. McGillivray. Mayor O'Reilly explained there would be two more hearings regarding the Capital Improvement Project. He said the City should have $17 Million. It may be less, but it will still be considerable. The State income for 1980-1990 is expected to be $175 Billion. The City can only absorb $7-8 Million without adding considerable personnel and maintenance costs. Of the $5.2 Million from last year, r 75% to 80% is already committed. There will be an election Feb. 10 and a questionnaire will be sent to citizens, these will be added to the brochure for the legislators. City Manager Brighton explained the brochure. The Council prioritized (sic) the list, starting at the least amount available and adding to the list as to how much additional funding would be available. They were now asking for the opinion of the public. Mayor O'Reilly noted this cannot be compared to the street projects, they will be done on par with the large projects from other cities. Public Works Director Kornelis reviewed the projects listed in the brochure. Steve Reinhardt from the Peninsula Clarion asked, if we got all the money, how many of these could we start right away? Mayor O'Reilly replied, probably $3 or $4 Million in 1981. City Manager Brighton said if the leg- islature gives us what we ask, some money could be spent on each project in 1981. Mayor O'Reilly said the small boat harbor would not have major work started in 1981-82, but there would be as much money used for engineering as possible. Atty. Rick Baldwin asked, are all the streets maintained - and accepted by the City? Mayor O'Reilly replied, some s'. i r 1 • is I KENAI CITY COUNCIL ( DECEMBER 22, 1980 Page - 2 are that should not have been. Some of those on the list have not been accepted by the City, but we have gone be- yond this point. George Day, of Chevron Inc. asked, how about the street in front of the Russian Church: Mayor O'Reilly replied that is Church property. Librarian DeForest discussed the library expansion. She said the library needs additional room, the library is used by those outside of the City as well those inside the City equally. City Manager Brighton explained to the Legislators: 1. we will send a report to the Legislators as the work is done 2. This is the third public hearing, there will y be two more. 3. There will also be a special election and a questionnaire. He asked, is there something else the City can do? _ Representative O'Connell spoke. He felt the City has =. done well. It is good to be flexible, you never know r' which way the Legislature will go. The Governor has - 4 said he will support anything the communities support. _{ i Representative Malone spoke. He asked what is the estimate of funding the City will receive in Muni ipal Assistance? Mayor O'Reilly replied they will go fro�last year to $880,000. Representative Malone asked, what form will the City take? Mayor O'Reilly replied, we will honor the letter of intent. If it comes in an un- interrupted stream, we would go as the program works out. Mayor O'Reilly noted the Governor believes the stream will continue uninterrupted. Representative Malone asked, how is the City funding operated? City 4,00 i Manager Brighton replied, some projects are fully funded by grants, some have added up -front money to initiate the project. Representative Malone said much work has gone into this. He feels better with a priority list. He further noted in the Dec. 29, 1980 meeting with the { Anchorage Legislators, we should emphasize that to a rf large extent, the economic health of Anchorage depends 1 !' on the economic health of surrounding cities. It should --;., be stressed it is complimentary, not competitive with Anchorage. He also noted we should have a continuous follow-up through the legislative session on Municipal `-� Assistance and other funding from tor. Brighton, Mr. _ _ Kornelis, Mayor O'Reilly and the Council. 1 y� 000 f ' a U P KENAI CITY COUNCIL DECEMBER 22, 1980 Page 3 Dick Morgan from Chamber of Commerce spoke. He noted he has 3 hats at this meeting: 1. Recreation Commission Chairman 2. Chamber of Commerce 3. Private Citizen j As Recreation Commission Chairman, they are disappointed in the change in relationship to gymnasium and parks. t -' He noted most money on roads, etc.,goes to Anchorage j contractors; building projects work goes to local con- tractors. As a member of Chamber of Commerce, he felt the Convention Center is a high priority item. He suggested we have a City tax to go with Municipal 9 Assistance funding to help support this. However, the streets are still first priority. Mayor O'Reilly asked the two Representatives if there was any contrast in priorities with streets and parks. Representative Malone said he had his own ideas and pet projects, it would be difficult if funding were pursued on that basis. The City should set priorities. Representative O'Connell said if the State gets into _"`" a substitute capital improvement project, there's al- ways a chance some of these may come in on separate legislation and not have a priority as has listed. o amity v i Dick Stetler, Alaska Statebank, spoke. He asked the , Legislators what was their opinion of the $17 Million figure Mayor O'Reilly had. Mayor O'Reilly explained, this was from Mayor Overstreet, Juneau. This was based on $8,000 per capita, taking 1/2 out for the permanent fund. Representative O'Connell said he didn't think it is going to happen. The Governor has said he will not support any ridiculous amount. It will be estab- lished by whatever method the economy can support. If the Municipal Assistance Fund goes up, the special - -� projects will go down. It may be equal or less than last year, we may be setting aside $3 Billion for the court suit. He would realistically suggest an amount equal to last year. Representative Malone said also, we must figure what " are the State priorities on Statewide programs: 1. Hydrodlectric Development "- 2. Industrial Development a. Renewable Resources b. Nan -Renewable Resources - - -- 3. School Funding 4. Statewide Transportation Program KENAI CITY COUNCIL DECEMBER 22, 1980 Page 4 Representative Malone further noted the idea of distri- bution on a per capita basis does not work at all in cases of areas like Kenai where most of the people live out- side of the City. He thought the City was taking a good approach, we are not asking for "icing on the cake." Mayor O'Reilly said by this approach, we can balance by local or State proposals. He emphasized he didn't want to convey we are entitled to $17 Million, just that we are able to received substantial amounts and we must set priorities. We will continue to revise. Councilwoman Glick said she thought it was important that we have a majority of Council when these proposals are presented. The small boat harbor is on the priority list, but there are considerable problems. There will be a referendum on this, the Legislators should know there will be more work done on this. After a short recess, the Council reconvened at the head table. NOTION. - Councilwoman Glick moved, seconded by Councilman Mueller, to change the first page of the brochure, second paragraph, last line, to read, "of the pro- jects listed in this brochure, with the exception of the small boat harbor." Councilwoman'Glick said we have talked a lot about the small boat harbor, but we still don't know what we are talking about. We will have a vote in February. We should have a feasibility study prior to going to the Legisla- ture. She also takes exception to the last sentence, the Council has not done this on special priority projects. We should wait till the election, then if it is affirmative, then add an addendum. Councilman Wagoner said in the last work session, three items were endorsed in concept, not the building. He didn't agree with Councilwoman Glick regarding the first statement. Council agreed there would be no priorities listed. Council has en- dorsed the project, but not the priorities. Council- woman Glick said the Council has agreed on the library expansion and the Culture Center, but they have not had a vote on the small boat harbor. 0 '(7 i KENAI CITY COUNCIL DECEMBER 22, 1980 Page 5 MOTION, Amendment #1: Councilman Wagoner moved, seconded by Councilman Mueller, to change the statement at the bottom of Request for State Grant Funding, Page 2,to; "Other capital projects to be endorsed but not prioritized by Kenai City Council:" MOTION, Change of Original Motion: Councilwoman Glick, with approval of second - Councilman Mueller -added to her original motion, first page of brochure, second paragraph, last line, to read,"of the projects listed in this bro- chure, with the exception of the small boat harbor which will remain pending further consideration and affirmative action to be taken by Council in February 1981." Councilwoman Glick said this action relates only to the small boat harbor. Councilman Mueller con- firmed that this will be left in the brochure till February, Mayor O'Reilly said yes. MOTION, Amendment #2: Councilman Mueller moved, seconded by Councilwoman Glick, on section titled, Special Priority Projects, item 1, Small Boat Harbor, last sentence; delete the sentence starting, "The Council has by vote---" Councilman Wagoner said if we left the capital improve- ments items not prioritized and added a statement that this will come to the voters in February, that might clear the whole thing up. The project will not be en- dorsed till the election is over. Mayor O'Reilly said that is the position we are in. Councilman Wagoner said this will clarify it. Public Works Director Kornelis requested the first page, third line, dates be changed to Dec. 16, 17 and 22. Council agreed to the change. Public Works Director Kornelis noted all the page numbers will be corrected. 10 J 1 i i KENAI CITY COUNCIL DECEMBER 22, 1980 t. Page 6 Councilwoman Glick asked that the section titled, special ` Priority Projects, heading be changed to read, ther Projects Endorsed by Council." Council agreed to the change. Recreation Director McGillivray asked that the priorities be changed in the section titled, Request for State Grant Funding, as follows: #13 would be #17, #14 would be #13, -- #15 would be #16, #16 would be #14, #17 would be #18, and #18 would be #15. -- Council agreed to the changes. ? VOTE, Amendment #1: Motion passed unanimously by roll call vote. VOTE, Amendment #2: Motion passed unanimously by roll call vote. VOTE, Main Motion, As Amended: ^ Motion passed unanimously by roll call vote. ° Meeting adjourned at 2:20 PM. Respectfully Submitted, r. Janet Whelan City Clerk 'z. 11 KENAI CITY COUNCIL Special Meeting, Dec. 22, 1980 Partial Translation MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to pledge their affirmative vote for the maintenance and operational costs of the projects listed in this brochure, with the exception of the small boat harbor. MOTION, Amendment #1: Councilman Wagoner moved, seconded by Councilman Mueller, to change the statement on the bottom of page 2, Request for State Grant Funding, to read, "Other capital projects to be endorsed, but not - prioritized by the Kenai City Council:" MOTION, Added to Main Motion: Councilwoman Glick, with consent of second, added to the main motion, "which will remain pending further consideration and affirmative action to be taken by Council in February 1981." MOTION, Amendment #2: Councilman Mueller mined, seconded by Councilwoman Glick, to delete the last sentance of paragraph 1, of section entitled, "Special Priority Projects, #1, Small Boat Harbor." VOTE, Amendment #1: Motion passed unanimously by roll call vote. VOTE, Amendment #2: Motion passed unanimously by roll call vote. VOTE, Main Motion: Motion passed unanimously by roll call vote. - oo-44'wL.k et Whelan, City Clerk Jr k (to _71 - 1 I 4 THE FOLLOWING CHECKS ARE OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 1/7/81 { VENDOR AMOUNT DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT P.Q 0 { FOR APPROVAL I Clary Insurance Company 2,067.00 New Vehicle Liability Ins. Non -Departmental Insurance 2,067.00 i IBM 1,280.25 December Hag Card Rental City Clerk Rental 330.20 20180 January Maint. Contract Various Printing b Binding 297.50 20181 January Copier Rental Various Printing 6 Binding 502.91 20181 y Additional Copies Various Printing b Binding 149.64 20181 Marathon Oil Company 8,897.51 November Natural Gas Trust 6 Agency In Trust 8,897.51 Nike Taurlainen 1,688.50 Testing STP-Construction Miscellaneous 1,688.50 }i I Union Oil Company 8,893.14 November Natural Gas Trust b Agency In Trust 8,893.14 FOR RATIFICATION Clary Insurance Company Ranier National Bank Glacier State Telephone National Bank of Alaska National Bank of Alaska lot National Bank 4,706.00 November W/C Various 203,771.25 1974 Refunding Debt Service 1974 Refunding Debt Service 2,500.00 Deposit on new phone system Non -Departmental 500,000.00 REPO 12/15/80 Central Treasury 360,000.00 REPO 12/16/80 Central Treasury 950,000.00 2-Cert. of Deposit 12/23/80 TCD x o III Workmen's Compensation 4,706.00 Principal 130,000.00 Interest 73,771.25 Machinery 6 Equipment 2,500.00 21398 Central Treasury 500,000.00 Central Treasury 360,000.00 Central Treasury 950,000.00 9 Y--v CHECKS OVER $1,000.00 PAGE 2 1/7/81 VENDOR AMOUNT DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT P.O. # National Bank of Alaska 275,000.00 REPO 12/24/80 Central Treasury Central Treasury 275,000.00 National Bank of Alaska 225,000.00 REPO 12/29/80 Central Treasury Central Treasury 225,000.00 National Bank of Alaska 150,000.00 REPO 12/31/80 Central Treasury Central Treasury 150,000.00 m ■ CITY OF KENAI ORDINANCE N0, 636-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 3,25.040 TO PREVENT REDEMPTION OF AN IMPOUNDED ANIMAL WHICH HAS BEEN DETERMINED BY COURT TO BE VICIOUS. WHEREAS, in the final draft of the Animal Control Ordinance a 11 sub -paragraph in KMC 3.25.040 providing that an animal could not be redeemed from impoundment if the animal had been determined by court to be vicious, and inclusion of this sub -paragraph is necessary for protection of the public, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF i 4 KENAI, ALASKA, as followss _ - section s Section 3.25.040 is amended to read as followss - 03.25.040 Redemotion of Impounded Animals JAI Subject to subsection IhI [2] of this section, the owner may redeem an „- impounded animal upon proving his compliance as to that animal ` with the applicable licensing requirements of KMC 3_15 [Chapter 151 or 20, and paying the applicable impoundment fees set forth in $= [Section] 3,05,100, # .. "tU The following animals shall not be subject to redemptions I (1) an animal that, in the judgment of a licensed veterinarian, ought to be destroyed for humane reasons. (2) an animal determined by,a court of competent to be jurisdiction vicious_ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 1981. VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk First Reading: January 7, 1981 Second Reading: January 21, 1981 Effective Dates February 21, 1981 CITY OF KENAI ORDINANCE N0, 637-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE STATE JAIL CONTRACT FUND 1980-81 BUDGET BY $750 FOR REPAIRS AND MAINTENANCE. WHEREAS, Ordinance No. 623-80 appropriated $500 to correct deficiencies in the heat sensing system within the jail cell block area, and WHEREAS, additional costs were incurred, requiring more monies be appropriated into the repair and maintenance account for this and other routine maintenance, and WHEREAS, the fund balance in the Jail Fund has approximately 010,000 available for appropriation, 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 the 1980-81 State Jail Contract Fund budget be made: Increase Estimated Revenues: Appropriation from Fund Balance $750 Increase Appropriations: Jail -Repair & Maintenance $750 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 1981. ATTESTS Janet Whelan, City Clerk Approved by Finance: Csae 0 VINCENT O'REILLY, MAYOR First Reading: January 7, 1981 Second Reading: January 21, 1981 Effective Dates January 21, 1981 aj I i _ �-,�:r,:::s:.::.s.�ac,��ea�s.�..;n c:+ � f` =•,ail 4 J �4 l R CITY OF KENAI ORDINANCE NO. 638-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL PROTECT FUND ENTITLED "SEWER TREATMENT PLANT CONSTRUCTION" BY $653,400 AND ESTABLISHING A NEW DEPARTMENT ENTITLED "SEWER OUTPALLe" WHEREAS, the State of AlAska has awarded a grant in the amount of $81,675 to the City of Kenai for sewer outfall construction, and WHEREAS, the U.S. Environmental Protection Agency has awarded a grant in the amount of $490,050 to the City for the same purposes, and WHEREAS, the City of Kenai has matching monies available in the Water and Sewer Special Revenue Fund in the amount of $81,675, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations in the capital project fund entitled •Sewer Treatment Plant Construction* be increased as follows$ Water a Sewer Spacial Revenue Fund Increase Estimated Revenuess Appropriation of Fund Balance B1 675 Increase Appropriations: Sewer -Transfer to Capital Projects 581�675 flower Treatment Plant Construction Cannel Project Fund Increase Estimated Revenues: Transfer from Water t Sewer $81,675 State Grant $81,675 Federal Grant $490.050 0 Increase Appropriations$ Sewer Outfalis Construction $594,000 Contingency S 59.400 653 400 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 1981. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Readings January 7, 1991 Second Readings January 21, 1981 Effective Dates January 21, 1981 Approved by Finances 0 CITY OF KENAI RESOLUTION NO. 80-179 A RESOLUTION OF THE COUNCIL OF THE CITY OF RENAI, ALASKA, CALLING A SPECIAL ELECTION TO BE HELD ON FEBRUARY 10, 1981, FOR SUBMISSION OF A CHARTER AMEND14ENT CONCERNING TIME OF FILING FOR MAYOR OR COUNCILMAN AND FOR SUBMITTING SEVERAL QUESTIONS TO THE QUALIFIED VOTERS OF THE CITY CONCERNING PURCHASE OF ROPER LEASES TO SECURE LAND FOR DOCK FACILITIES AND POSSIBLE CONSTRUCTION OF A SMALL BOAT HARBOR, ASSUMING RESPONSIBILITY FOR PAYMENT OF OPERATION, MAINTENANCE, UPKEEP, AND REPAIRS OF A SMALL BOAT HARBOR IF STATE FUNDS ARE SECURED FOR CONSTRUCTION, AND APPROVAL OF CAPITAL I14PROVIZIENTS FOR STATE FUNDING. WHEREAS, the time for filing for election by candidates for office of Mayor or Councilman are presently set by Charter so close to the election date that by the time ballots are prepared there is not sufficient time to get them delivered to citizens requesting absentee ballots in time for such citizens to cast their ballot and thus, as a practical matter, disfranchising those citizens who are out of the City prior to a period about one week before elections, and WHEREAS,.0it is desirable to amend the Charter so that every citizen will have the opportunity to vote, and WHEREAS, the Kenai Advisory Harbor Commission is in the process of obtaining engineering studies for the feasibility of a small boat harbor and is seeking State funding for the construction of such small boat harbor, and WHEREAS, it appears that one of the better locations for such small boat harbor and other docking and loading facilities might be on tracts of city land previously leased to Robert L. Roper for periods of 99 years, and WHEREAS, the State of Alaska presently has funds amounting to approximately $643,000 which could be granted to the City of Kenai for the purpose of site acquisition and construction of docks and related facility, and WHEREAS, Robert L. Roper has made an offer to resell his leases to the City for the sum of $250,000.00 "which offer will expire if not accepted on or aefore February 28, 1981, and 1 W. I WHEREAS, it is the desire of the City Council of the City of Kenai, Alaska to ascertain the wishes of the voters on the questions set forth hereinafter, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section l: That the Council hereby calls a special election which shall be held Tuesday, February 10, 1981, for the purpose of submission of the proposed Charter amendment set out in Section 2 hereunder and to place before the voters the propositions set forth in Sections 3, 4, and 5 hereunder. Section 2: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION 41 The first sentence of the Section 10-3 of the Charter of the City of Kenai reads as follows: "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than one month and at least two weeks prior to the election, with the City Clerk, a sworn statement of his candidacy; provided that such sworn statement shall be accompanied by a nominating petition signed by twenty or more registered qualified voters who are property owners within the city." Shall such sentence be amended to read as follows? "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than 60 days or later than 31 days prior to the election, with the City Clerk, a sworn statement of his candidacy; provided that such sworn statement shall be accompanied by a nominating petition signed 2 1 - I 1 { � I by twenty or more registered qualified city voters." Yes No Section 3: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION #2 Do you want a small boat harbor, docks, and other facilities built for the City of Kenai if funding for construction thereof can be obtained by the State of Alaska with the City of Kenai to be responsible for payment of expenses of any operation, maintenance, upkeep, and repairs in excess of any income derived from the use of such facility? Yes No Section -A: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION #3 If engineering studies show soil conditions on Tract B and Tract C, Kenai Boat Ramp and right-of-way dedication, previously leased to Robert L. Roper for terms of 99 years, to be feasible for construction of a small boat harbor, do you wish the City to accept the offer of Robert L. Roper to accept $250,000.00 for relinquishment to the City of those leases, together with the permits secured by him from the United States Corps of Engineers 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 bulkheads in the Kenai River and adjacent wetlands in connection with said leases: 3 - A. If the City of Kenai g= obtain a grant of funding from the State for payment therefor? Yes No B. If the City of Kenai cannot obtain a grant of funding from the State for payment therefor? Yes No Section 5: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION 44 Are you generally in favor of the capital improvement projects set in the brochure prepared by the City and aired in public hearings on December 16th, 17th, and 22nd for which State funding is to be sought by the City? Yes No PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1981. VINCENT O`REILLY, M4YOR : , 4 ATTEST: :T ;- Janet Whelan, City Clerk 1 (to �i T I 4 ,- -- �..r �s r SUBSTITUTE CITY OF KENAI RESOLUTION NO. 80-179 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CALLING A SPECIAL ELECTION TO BE HELD ON FEBRUARY 10, 1981, FOR SUBMISSION OF A CHARTER AMENDMENT CONCERNING TII4E OF FILING FOR MAYOR OR COUNCILMAN AND FOR SUBMITTING A QUESTION TO THE QUALIFIED VOTERS OF THE CITY CONCERNING ASSUI4ING RESPONSIBILITY FOR PAYMENT OF OPERATION, MAINTENANCE, UPKEEP, AND REPAIRS OF A SMALL BOAT HARBOR IF STATE FUNDS ARE SECURED FOR CONSTRUCTION. WHEREAS, the time for filing for election by candidates for office of Mayor or Councilman are presently set by Charter so close to the election date that by the time ballots are prepared there is not sufficient time to get them delivered to citizens requesting absentee ballots in time for such citizens to cast their ballot and thus, as a practical matter, disfranchising those citizens who are out of the City prior to a period about one week before elections, and WHEREAS, it is desirable to amend the Charter so that every citizen will have the opportunity to vote, and WHEREAS, it is the desire of the City Council of the City of Kenai, Alaska to ascertain the wishes of the voters on the question set forth hereinafter, concerning assumption by the City of responsibility for payment for operation, maintenance, upkeep, and repairs of a small boat harbor if state funds are secured for construction, N0X9, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: That the Council hereby calls a special election which shall beheld Tuesday, February 10, 1981, for the purpose of submission of the proposed Charter amendment set out in Section 2 hereunder and to place before the voters the propositions set forth in Sections 3, 4, and 5 hereunder. Section 2: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same E� I , � form as is set out hereinafter: PROPOSITION #1 The first sentence of the Section 10-3 of the Charter of the City of Kenai reads as follows: "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than one month and at least two weeks prior to the election, with the City Clerk, a sworn statement of his candidacy; provided that such sworn statement shall be accompanied by a nominating petition signed by twenty or more registered qualified voters who are property owners within the city." Shall such sentence be amended to read as follows? "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than 60 days or later than 31 days prior to the election, with the City Clerk, a sworn statement of his candidacy; provided that such sworn statement shall be accompanied by a nominating petition signed by twenty or more registered qualified city voters." Yes No Section 3: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION #2 Do you want a small boat harbor, docks, and other facilities 2 y � _4 r, r. to c '9 i built for the City of Kenai if funding for construction thereof can be obtained from the State of Alaska with the City of Kenai to be responsible for payment of expenses of any operation, maintenance, upkeep, and repairs in excess of any income derived from the use of such facility? Yes No PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1981. i � ! d i II 1 I� � 1 +`1 i CITY OF KENAI ~ ! RESOLUTION NO. 81-1 f BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI? ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1980-81 GENERAL FUND BUDGET: From: Contingency ($1,000) To: Fire Auxiliary -Salaries $ 897 Fire Auxiliary -FICA $ 55 . Fire Auxiliary- i Workmens Comp. Insurance _ I This transfer provides more monies for payments to auxiliary firemen. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1981. VINCENT O'REILLY, MAYOR j ATTEST: Janet Whelan, City Clerk Approved by Finance: f*zW J CITY OF KENAI RESOLUTION NO. 81-2 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAIr ALASKAr THAT THE FOLWJING TRANSFER OF MONIES BE MADE IN THE 1980-81 GENERAL FUND BUDGETS From: Contingency (Ur200) Tot Legislative -Miscellaneous $10200 (Intergovernmental) This transfer provides additional monies for activities of the City Council in promoting the City. PASSED By THE COUNCIL OF THE CITY OF KENAI,, ALASKA,, this 7th day of January, 1981. VWCENT OIREILLY, MAYOR ATTEST: Janet Whelan,, City Clerk Approved by Finances J� ff TA�— "' CITY OF KENAI RESOLUTION N0, 81-3 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CREATING ONE YEAR EXTENSIONS TO THE DRILLING PEZ4IT AND THE SPECIAL USE PERMIT FOR CANNERY LOOP UNIT #1 WELL AS REQUESTED BY b UNION OIL COMPANY OF CALIFORNIA, WHEREAS Union Oil Company of California was p y granted a Special u Use Permit, effective January 1, 1979, and a Drilling Permit, d - effective January 17, 1979, for the drilling of Cannery Loop Unit #1 Well which was subsequently certified as a well capable of producing in paying quantities, and WHEREAS, the above -described permits were extended for one year by the City Council on request of Union Oil Company of California on the ground that a majority of the working interest share of gas in said unit is bound by contractual obligations to be delivered in kind to Pacific Lighting Gas Development Company, which has not as yet been able to construct the Kenai Gas Processing Plant because of difficulties in obtaining permits in California to receive the product thereof, and .- �- WHEREAS, construction of plans for processing the gas by Pacific = Lighting Gas Development Company has still not been constructed, and by letter dated December 11, 1980, Union Oil Company of California has requested additional one year extensions of the above -described Special Use Permit and Drilling Permit, ! NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Special Use Permit dated January 1, 1979, ; for drilling of Cannery Loop Unit #1 Well on State Lease ADL-60568 is hereby granted an extension to January 1, 1982, and that the Drilling Permit dated January 17, 1979, issued for drilling of Cannery Loop Unit #1 Well located on State Lease ADL- 60568 is hereby granted an extension for one year to January 17, 1982. i i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day 1 of January, 1981. t VINCENT O'REILLY, MAYOR $� ATTESTS i: "a - Janet Whelan, City Clerk I fir' n Robert T. Anderson 01i/Ip Lm0 "vqv Gentlemen: IMinn Oil and Gas Divison: Western RegigrL VET Union Oil Company of California ��ccf0 P.O. Box 6247. Anchorage, Alaska 99500d S Telephone: (907) 276-7600 C'! C Tye ZFK[f.:.MAI TIGN union December 11, 1980 City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Attention: City Manager KE3AI LOOP AREA State of Alaska Request for Extension for Drilling Permit and Special Use Permit for Cannery Loop Unit #1 Well Union Oil Company of California, as Operator of the Cannery Loop Unit and in accordance with the requirements set forth by the City of Kenai (City Code 5.35.080) respectfully requests a second one-year extension for both our Special Use Permit, effective date January 1, 1979, and our Drilling Permit, effective date January 17, 1979. Both Permits were issued for the drilling of our Cannery Loop Unit #1 well which was located on State Lease ADL-60368 and which was subsequently certified as a well capable of producing in paying quantities. On April 16, 1980 the Kenai City Council unanimously approved our initial application for a one-year extension for said Permits, however there is some confusion on our part as to the effective date of the extension since, as we mentioned, the approval date was April 16, 1980. Although we are continuing operations within the Cannery Loop Unit (we plan to drill two wells in the Unit next year) our 81 well is still shut-in due to the fact, as previously stated, that a majority of the working interest share of gas is bound by contractual obligations to be delivered in kind to Pacific Lighting Gas Development Company for market- ing and as you are no doubt aware, PLGD's planned Kenai Gas Processing Plant will not be in a position to receive and process gas in the immediate future. We look forward to your favorable response to this request for a second extension and a clarification as to the effective date of said first extension. Very truly yours, A. Richard J. Boyle Landman BJB/bde 1 I CITY OF RENAI RESOLUTION NO. 81-4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1980-81 WATER & SEWER FUND BUDGET. i Proms T Water -Contingency ($2,000) TO: { Water-0 eratin Supplies P g PP es $2,000 This transfer provides more monies for operating supplies in the - Water Department. PASSED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, this 7th day of January, 1981, VINCENT O'REILLY, MAYOR ` ATTESTS 0 I Janet Whelan, City Clerk I Approved by Finance: CITY OF KENAI RESOLUTION NO, 81-5 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT FROM THE U,S. ENVIRONMENTAL PROTECTION AGENCY IN THE AMOUNT OF $490,050 FOR SEWER TREATMENT PLANT OUTPALL CONSTRUCTION. WHEREAS, the U,S. Environmental Protection Agency has offered the City of Kenai a grant of $490,05O for sewer treatment plant outfall construction, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF j KENAI, ALASKA, that this grant in the amount of $490,050 from the j U,S. Environmental Protection Agency is hereby accepted. { PASSED BY• THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1981. VINCENT O•REILLY, MAYOR ATTEST: Janet Whelan# City Clerk Approved by Finances !-a CITY OF RENAI RESOLUTION NO. 81-6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RENAI, ALASRA, THAT THE POLL01ING TRANSFER OF MONIES BE MADE IN THE SEVIER TREAT74ENT PLANT CONSTRUCTION CAPITAL PROJECT FUND BUDGETS From: Contingency ($4,200) Too. Other Engineering $4,200 This transfer provides monies for the acceptance of Amendment No. 3 to CH2M Hill's engineering contract on the Sewer Treatment Plant project. PASSED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, this 7th day E, of January, 1981, VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk Approved by Finance: G#Z u j i 771 �1 I a , CITY OF KENAI s, RESOLUTION NO. 81-7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE POLL -OWING TRANSFER OF MONIES BE MADE IN THE 1980-81 GENERAL FUND BUDGETS Proms Legislative -Transportation (05,000) Tos Legislative -Transportation $5000 (Intergovernmental) This transfer provides monies for Legislative Travel in the correct budgetary account for transportation associated with legislative lobbying. PASSED BY THE COUNCIL OP THE CITY OF KENAI, ALASKA, this 7th day of January, 1981. VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk -` Approved by Finances - - E Kent Peninsula Community Core Center Drawer 3573 Kenai, Alaska 99611 907-283.7635 December 31, 1980 Charles Brown, Finance Director City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Mr. grown: This is a request for our third progress payment from the City of Kenai for our construction project. As p r application for payment, the amount being requested is $8,122.00. ,W, Total Grant from City 150,000 ,00, Progress Payments to Date 85,018 .-, Balance Due 64,982o�' Balance after third Payment 561860,0" Will you please present this request for consideration at the next Council meeting. The latest estimated completion date on the project ds January 28, 1981. As you realize, the Care Center wishes to extend its lease on buildings 105 and 106 FAA Road untilwe are able to move. Sincerely, Pr'7 7Q k %G C.G. /.2 :Z. 00 ecla Billie Hardy Director APPOOM Oy V!y OF "1.VIAI ITY A (tortr4uttity residential tro_atmQr!t vrogra:q for the Qenfnsula's Youth. A - J, olVlNiNORl 1 a � U ww �Tr GENERAL CONTRACTORS { P.O. BOX 10573, ANCHORAGE, AK 99511 (907) 344.2560 To: G Data Job No. Attention Re: GENTLEMEN. — WE ARE SENDING YOU C Attached Gi Under separate cover via the following items: i C Step drawings it Prints 0 Plans O Samples O Specifications C Copy of letter r Change order E3 CCC THESE ARE TRANSMITTED as checked below: %4r—pr approval t? Approved as submitted CI Resubmit copies for approval Si For your use C Approved as noted 0 Submit copies for distribution C As requested G Returned for corrections 0 Return corrected prints =s For review and comment FOR BIDS DUE 19 Q PRINTS RETURNED AFTER LOAN TO US REI'1lARKS G mil. �—rJ��il �� COPY Try: % v i90 SIGNED: if enclosures are not Ps noted, kindly notify us at once. d F. ,. ' t) '%� s,_J APPLICATION AND CERTIFICATE FOR PAYMENT AIA L)OCUMFNT G702 .J PAGr o%r or PAGFS TO (Owner): PROJECT: APPLICATION NO: #5 Distribution to: C$ OWNER Kenai Community Care Center Care Center PERIOD FROM: 12-1-80 [$ ARCHITECT TO: 12-31-80 O CONTRACTOR 0 ATTENTION: CONTRACT FOR: ARCHITECT'S 17 Carmen V. Gintoli, Arc hitect Omni North ConstructionCo. PROJECTNO: 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. CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL Approved this Month ADDITIONS DEDUCTIONS k (5,400) tiumix-r Date Approved 1 sitewo I TOTALS Net change by Change Orders The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM .......... 3489500 Net change by Change Orders .....................5 (5,400) CONTRACT SUM TO DATE ........................ S 343,100 TOTAL COMPLETED & STORED TO DATE ........... $ 286,709 (Column G on G703) RETAINAGESt 8,�577 or total in Column 1 on G703 TOTAL EARNED LESS RETAINAGE .................. S 278,132 The undersigned Contractor certifies that to the best of his knowledge, LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... $270.010 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 8,122 7 previous Certificates for Payment were issued and payments received CURRENT PAYMENT DUE ......................... S from the Owner, and that current payment shown herein is now due. State Alaska r&„AV9cia1 District CONTRACTOR: OM11 R Cons truetion Co. of: Subscribed and s% orn to befe me thJ da of Dec. ,19 80 r Date:1A2DA&R_0_ Notary Public: By: MyCommissiori xptres: - 4-3 —sal ARCHI us CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED ............................. S (Attach explanation it amount certified d[hen from the amount applied tor.) In accordance with the Contract Documents, based on on -site obser- ARCHITECT' vations and the data comprising the above application, the Architect 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- ments; and that the Contractor is entitled to payment of the AMOUNT This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor CERTIFIED. named herein. Issuance, payment and acceptance of payment are without iuclice to any ^ rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 • APPLICAVON AND CERTIFICATE FOR PAYMENT • APRIL 1978 EDITION • AIA • 1978 . ._ ......._.. _.._. _. .. ... .-. ..... .. ._... ...... ........ .. .. .. .- •. ... ...... ...��... .. � .. _... I'-M NMI. - / L . 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: Use Column I on Contracts where variable retainage for line items may apply. TO: ARCHITECT'S PROJECT NO: A B C D I E I F G H 1 ITEM No. DESCRIPTION Of WORK SCHEDULED VALUE WORK COMPLETED OTAL COMPLETEq, AND STORED k BALANCE TO FINISH REIAINA(iE This Application Work in Plscc Stored Materials Inot in D or E) Previous Applications ID DATE tD+E+fl rG Cl (C-G) ) 1 gen requirements 29,300 28,128 586 0 28,714 98 586 2 sitework 30,000 27,000 0 0 27,000 90 3,000 3 castinplaceconcrete 28,000 28,000 0 0 28,000 00 0 6 carpentry 100,100 100,100 0 0 100,100 00 0 7 roofing,insulation 18,00o 18,000 0 0 18,000 00 0 8 wood,metal,doors, windows 15,000 9,609 2,691 0 12,300 82 2,700 9 gyp,drywall,floor 28,500 14,250 4,845 0 19,095 67 9,405 10 toilet,bath ace. 1,100 0 0 0 0 0 1,100 11 appliances 8,500 0 0 0 0 0 81500 12 cabinets 20,000 81000 0 0 8,000 40 12,000 15 mechanical 36,000 23,400 0 0 23,400 65 12,600 16 electrical 34,000 22,100 0 0 22,100 65 11,900 348,500 278,587 8,122 0 1 286,709 82 61,791 AIA DOCUMENT G793 • CONTINUATION SHEET • APRIL 1978 EDITION • AIA • 0 1978 ,y THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, O.C. 2W% G703-19M TA - -�- a ,+� -.li•• OMPM'i NORTH . _ (LIEU U IL GENERRI CONTRRCTORS ' P.O.80X 10573, ANCHORAGE, AK 9951] _ (907) 344.2560 ' To: f*i GENTLEMEN. WE ARE SENDING YOU 73 Attached C Under separate cover via the following items: C Shop drawings f-" Prints C] Plans O Samples 0 Specifications C Copy of fetter M Change order E3 Date Zr Job No. Attention Re: + L � THESE ARE TRANSMITTED as checked below. %,gar approval Q Approved as submitted 0 Resubmit copies for approval f:., For your use 0 Approved as noted u Submit copies for distribution f C As requested Ci Returned for corrections 0 Return corrected prints !�! s For review and comment C 1 . ; FOR BIDS DUE 19 Q PRINTS RETURNED AFTER LOAN TO US — REPIIARKS ��'9— {CL� -, � �.Nq-� I_'CJ"ok r a r COPY Tq: SIGNED: If enclosures are not:+s noted, kindly notify us at once. CH2M 11H1LL engineers planners economists scientists City of Kenai Box 580 Kenai, Alaska 99611 Attn: Mr. Bill Brighton, City Manager Anchorage Office Denali Towers North 2550 Denali Street, 8th floor Anchorage, Alaska "501 Date Project No. Client Ref. No. invoice No. RECEIVED &V CnV OFI KBNAtATM December 15, 1980 K11720.Z2 10335 ! INVOICE For professional services from October 25, 1980 through November 24, 1980 regarding the Sewerage Projects Construction Services. For detail regarding this billing period refer to Progress Report No. 20. Professional Services -, � 9,637.66 Expenses 644.78 Fee �/69, 1,637.56 ' AMOUNT DUE . . . . . . . . . . . . . . . . . . . . . . .11,920.00 • rye � JPe h. o�T st�,ryt APPROVED 8 r City OF KENAI i C ZS77r �.tbriAGER _,_,,,�� ? :?LJ� WORKS .�NANCE G� x >Z'71 i CLERK 0 ATT01MEY O CIMINAL Copy TO ...�j p�- 0 11:c:18 PAYABLE ON RECEIPT OF INVOICE, FINANCE CHARGES WILL BE ASSESSED AT 1 PERCENT PER MONTH [OR MAXIMUM (PERMISSIBLE) UNDER STATE LAW1 ON ALL ACCOUNTS OVER 30 DAYS PAST ME UNLESS STATED OTHERWISE IN OUR CONTRACT. � • - --- • L HIV i a'1HlLL engineers planners economists scientists December 19, 1980 K12720.I2 Mr. Bill Brighton, Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Brighton: Re:. Kenai Sewerage Projects Progress Report No. 20 / We continued to provide design and construction engineering services during November 1980 for the central Kenai Interceptor sewer, sewage treatment plant, and outfall. Major work items accomplished during November are summarized as follows: Sewage Treatment Plant o Provided normal services during construction, including shop drawing review. o Provided resident inspection by Cordon Nicholson, with orlen- tation for Jim Maclarleilo, resident engineer for the 1981 construc- tion until project shutdown on November 15. o Corresponded with Dick Britt, ADEC, regarding Change Order No. 1.. o Corresponded with the Contractor regarding change of the screw pump manufacturer from Lakeside to Neptune CPC. o Corresponded with the Contractor and ADEC regarding winter shutdown. o Coordinated with Mustafa, Hong, minority subconsuitant working on the O&M Manual. o Developed and revised the User Charge Analysis. Anchorage office Denali Towers North, 2550 Denali Street, 8th Floor, Anchorage, Alaska "501907/278-2551 i i i i r Mr. Bill Brighton, Manager December 19, 1980 K12720. Z2 r.►, Page 2. 0 0 Interceptor o No significant progress during November. Outfall o Corresponded with City regarding need for developing necessary permit applications; engineering contract to be amended to provide for these services under the section Special and Other Services. Because of potential conflicts with the sewage treatment plant contractor, It is imperative that the outfall contract be advertised for construction bids in January 1981 and that the contract be awarded as soon as possible after bid opening In early February. The following table summarizes cost data for engineering services through November 24, 1980. The task designations correspond with our engineer- ing services agreement and the subsequent amendments. Previously Task Authorized Billed This Bill Total B. Services During Construction $ 95,514 -1 $ 44,305/ $ 2,640 $ 46,945 C. Onsite Inspection 147,392 / 48,203 7,790 55,993 D. D3-8, E-1, 6 Special and Other 81,157,- 4,632 �_ 1,490 6,122 Total $ 324,063 ✓ $ 97,140 / $ 11,920 / $ 109,060 Sincerely, Loren D. Leman, P.E. bja:18a:a cc: Keith Kornells Charles Brown Jim Maclareilo �1 I 1 s � � I MILL ULU 26 in, engineers K:NAT planners 0M oa ! wrtt>t� economists scientists December 24, 1980 u K12720.C2 Mr. Keith Kornelis, Director _ Department of Public Works City of Kenai Box 580 Kenai, Alaska 99611 Dear Keiths Res Sewage Treatment Plant Outfall This letter confirms our earlier telephone conversation in which I notified you that a Corps of Engineers permit application will need to be submitted immediately to keep the outfall project on schedule. Our Engineering Services Agreement, dated December 13, 1978, as amended January 3 and May 19, 1980, provides that this service can be performed under Section D.1, Special Services, for which we have no initial budget. We have prepared an estimated cost ceiling for this service of $3,622, which, together with the fixed fee of $578, totals $4,200. Of this amount, the City of Kenai`s share is $325. The existing Step 3 grants from the State and the EPA have sufficient contingency to cover these additional costs; however, a signed copy of Amendment No. 3 should be sent to the ADEC for review and approval. Enclosed with this letter are the proposed Amendment No. 3 to our Agreement and the backup calculations for this estimate. Please call me immediately If you have any questions while processing this, as the timing of the Corps Permit application is critical to the project schedule. Sincerely, as k! Loren D. Leman, P.E. j bja;24:cc APPRD SY t *Y AS icFl:W CEnclosures Anchorage Office +I+ Denali Towers North, 2550 Denali Sueet, Sth floor, Anchorage, Alaska 995M 907/278-2551 I f h ' t �i i * 4 AMENDMENT NO. 3 to ^ AGREEMENT TO FURNISH ENGINEERING SERVICES to the CITY OF KENAI, ALASKA FOR MODIFICATIONS AND ADDITIONS TO SEWERAGE TREATMENT FACILITIES WHEREAS, additional services not previously budgeted are required to assist the City of Kenai in preparing and obtaining necessary permits for construction of the sewage treatment plant outfall; it is THEREFORE, necessary to modify the original Engineering Agreement dated December 13, 1978 as amended January 3 and May 19, 1980, as follows: GENERAL All conditions of the original Contract as amended remain in effect except as specifically noted herein. ARTICLE 2 Under Schedule A, add the following items Cost Fixed Total Ceiling Fee Price Special and Other Services, DI $3,622 $ 578 $4,200 ApproveA by CH2M T, INC. By t INC, t Da Approved by CITY OF KENAI, ALASKA 1,4 �t 8 y Date i PENINSULA ENGINEERING 2820 "C" Street, Suite #3 Anchorage, Alaska 99503 276-4855 December 1, 1980 �'. Project: Fidalgo Subdivision Street Improvement - 8-055 `` STATEMENT #4 This Billina Previous Billinix Payments to Date Engineering Management $ 8,280.00, $ 7,452.00 10/20/80 - 10/24 16MH @ $600 $ 960.00 " 10/27/80 - 10/31 10MH @ $60- 600.00 " 11/3/80 - 11/ 8 15MB @ $60.- 900.00-1 Engineering Field Supervision 14,402.50-- 12,962.26 10/20/80 - 10/24 23MH @ $35- 805.00,1 10/27/80 - 10/31 98MH*@ $35- 3,430.00,' 11/ 1/80 - 11/24 39MH @ $35- 1,365.00- *two-man crew Testing - Sub -contract + 10% 484.00/ 1,235.30- 1,111.77 Surveying - Sub -contract + 10% 215.60 --� 14,865.40 - 13,378.86 Clerical 360.00� 324.00 Miscellaneous Expenses 202.92,, 182.62 Film (cost + 10Z) S 84.72 Drafting $ 220.00.1 $ 198.00 Total to Date $8,844.32 1' $39,566.12 $35.609.51:/ t .. Less 10% Retainage $ 844.43 Pj/j? A Total Due this Billie 7,959.89Yy-3 f i Ow�i4L / //4. 7410 s� r J - 0 i 1 IL PENINSULA ENGINEERING 2820 "C" Street, Suite #3 Anchorage, Alaska 99503 276-4855 December 1, 1980 y 1960 CITY OF KENAI 11FOT Aa aiar� w,nevM Keith Kornelis City of Kenai P.O. Box 580 Kenai, Alaska 99611 Re: Fidalgo Subdivision Street Improvements Status Report Dear Mr. Kornelis: Enclosed is Statement #4 for the construction phase of the Fidalgo Project 8-055. I have also included a summary of the costs expended to date as compared with the estimated budgeted amount. Expended Man -Hours Budgeted Description to Date Spent/Budgeted Cost Engineering Management $10,740.00 e180 /150 $ 9,000.00 Engineering Field Supervision 20,002.50 *571.5/900 31,500.00 Testing 1,719.30 4,650.00 Surveying 15,080.60 $27,590.00 Clericel,Drafting,Misc. $ 867.64 Total to Date $48,410.04 $72,470.00 *These man-hours are slightly over my estimated amounts, which is due to the contractors 11 day over -run on the job completion date. This time from October 20, 1980 through October 31, 1980 required an additional 72 man- hours of field supervision and 20 man-hours of engineering management. Please be advised that if the contractor does not complete this construction In accordance with the contract time limitations and more than 900 man-hours are necessary to provide the necessary field supervision, we will have to request additional funds over and above the $72,740 budgeted. This is not expected at this time, but only contractors performance next spring will dictate the end result. We will be providing the city with daily reports beginning again next spring and will monitor these very closely to avoid any unnecessary over -runs. J December 1, 1980 Page Two I am proceeding with the grade revision on Barnacle and Bidarka, and will contact you when the plans have been revised so that presentation to the contractor can be made for a quote on the cost differential required. Sincerely, Wayne Henderson, P.E. Attachment WH:2c-p j I i f d4 i "k i January 2, 1981 GARS L. DAVIS 00. P.O. BOX 2486 SOLDOM, ALASKA 99669 CITY OF XMAI P.O. BOX 580 IGMI, ALASKA 99611 RE: ADNBMUSTRATIVE OOURDINAMR OMa?,P .T I CIME YOUR AQOom THE FULEO NG AMOU M FOR THE MONTH OF DEMSM, 1980. A. Admfn Ooordinator Svcs B. Secretarial Svcs 153.5 hrs @ $19.00 / 22 hrs ✓ $2, 916.50 ✓ ✓ Office cationss @ $11.25 $ $ 247.50 1, 375.0&- „i. ae'�u 4 D. d t micC. ✓ f`Y la eaA i E. Local Transportation 160 miles @ .25 $ 4 F. Misc. Other Egxmses $ - 689.90 ✓ i Travel -- Plane fare $468.58 ✓ i Gas $ 10.00 ✓ Hotel $ 21.12 ✓ Per Diem 5 days $100.00 ✓ .I Submitted, Gary . Davis TOTAL M&Mlro y 6 k. 90 N� tf ; 4,:// h0ej rv,/- ejr to?o.Y {o- I* C:t7 to 1 �'i�In9 r*a APPIOVEED BY M:' Of UMAf - -� x Y "'W..AGER XFINAPICE .. _ AT'10115IFf Xt............ ..... '� ... o/- ' I i 'i i DOWLING-RICE AND ASSOCIATES i P.O. BOX 1974 SOLDOTNA, ALASKA f 99669 k'. MR. KEITH KORNELIS, DIRECTOR DEPARTMENT OF PUBLIC WORKS u, CITY OF KENAI = 0 I P.O. BOX S80 i ' �' •• ra::k!.''r�r ,i++v;,s;,nq.,... KENAI, ALASKA C a l t 0 i 99611 C !=-- -- Ref Kenai Youth Center 6 - 1 DATE D E a C R I P T 1 O N CHARGE1 E ITS BALANCE i ` BALANCE FORWARDED W I u 12/30 Professional Services Nov. 22 - tliru -Dec. 30; 1 ISO B5.5 hrs 0 $40.00/hr S3420.0 -' —' $3420. miieage.- ✓ - - U ' 286 mi @ .35/mi 100.10 - —' '- -100 -- o / BALANCE DUE THIS STATEK MT i - -- PC4.10• j � - ►--- --- - ---DEC 3 i - - - - - .. 0 /if sip- V. I . l� i s j i; I �f I •_ I l� I . �• l t3 J • 1 e I i i'. i 1/ li i o J t1t � ' a# 1. F" t Iq 1' r. h. :n .ki"%", /1•h;.11. U—... I. . .., . .� �� [O•tsJ � 1.1 r•AxtYl ns o, c,.YYr r.r . ,t1. [CONOY.0 IC r. •l ✓x✓S,wf ,nc• xu ♦4rY•N, •.ON PERIODIC ESTIMATE FOR PARTIAL PAYMENT C7, /wAC• MO• MAUL AND LOCAI.ON Or PMOJCCT .j CG'�TCQ "AMC AND AOoseSS or CoMTRAC role ar.way � (0 4eaa J �• �oX 33�3 VCRIOOIC 9ST00ATC MO, 3 Vole PCNIOO T— H �,y, TO 1910 L COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries must b✓ limited to work and costs under the otiginal contract only. (Tork and cost data under change orders is to be shown in Part 2 of this form.) Columns (1) througb (3). Enter data shown in columns 1, 2. 3, g and 9, respectively, on Form ED•11I prepared by Contractor. Columns (6) and (7). Show all work completed to date under original contract. Column M Eater the difference between entries in columns (S) and (7). Column (9). Show percent ratio of column (7) to column (5). /1S8/ CONTRACT COMPLETED TO OA Tit COST OF OYAMT. COST Pele UNIT TOTAL COST uNiT OMAMT. TOTAL Coe/ MO. DgCNMPTNOM of itn/N ONCOMP'eTLD 70011t COUP /11 ta/ tap MI lot Cal "Iis$ Ifl 99 q1 A 0 4. FagM,�(P l•.S tC6.1Y4. (Jo,Q36. 51al�•�s qS 3 . ELECT L?. ;L y:IlYR4 --- .— .� Tt_v�t8 L.S. 381119164N,387H9fr 3y,v.�`I,(X /o a9,7YI,7 - — — �- 7 "UT -to F-160 L.S 'P3 y49. — -�► I Q { W t t A 8 } erc s 0 a y� W Y J ~ U V T 1 Lk� TOTAL OF COST COLVrMS i,99o.ov )g!•y+tr:iq N3T,13�c • •- YKOr,-K 1fr11•✓tf a ,s.y,r.[-rs:.ir:lAriC:r3s7a✓.',.s!.'._ •��'rY.'i 7. SCHEDULE OF CONTRACT CHANCE ORDERS AM TIONS TO ORIGINAL I.r.la.•rI,hrnr•.NJ,,I—J1.1 J.,I.I, IN. -qua al 1'1r'4.1 •lark COM TRACT PRICE OEOYC rIONa h.a•. 1.an r..ua ulFtar urea Ia m.•ra .RaA .uJr r.. raON 4:041 A- I I—cr AS SROAN CO•ItaACT TOTAL COST 01 COST Or C--ft GE C .AYGr ORDrA O[iCA1.ilON It1 ITLNS AHED A, CNAft" OaOrm Ia OR C( rICO TO DATE 1.1 �ORDGma 1 YO 111 Pa TL / /'kl� n K9+tP $a�67• gsa4a a• a r/j (J.11•aQpwS i0'Y S / t d &sry Ly TOTALS I a�iQ4 4y 1 / %/ air iC W1 I 7. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE �! a� 9 (s1 OrisinAI cosac tre amount (Cots a • frsaf .f In;. foam) f 9(Or 00 I ) Plus: Additions scheduled in column ♦ above '.i Org9 ✓< _ LaI (c) Less: Deflections scheduled in :oluas 6 above (d) Adjusted contract soraunt to dot. d. ANALYSIS OF WORK PERFORMED (a) Cost of otigi"I contract work performed to date (Col. e . fear .I aN. form) (b) Essrs wait performed to date (Ca. A as...) '�'Y • 1 %T g��Zy )1B.S34e3 men �nr !c1 Tinal cast of wo/k pertorord to flats T�= (d) Larts: Amount retained is accordance with contract farms (Show, lark sarseat Sae doll.• aw.ear)� (e) Keg &,mount earned oa contract work Iodate ' 0) Adds Staterials aimed ae close of this period (Attack detailed .t"dolej (g) Subtotal of (a) sad if) la'!8a(e a{3 W Lasts Amount of previous payment* j6x. a� 9 (i) BALAKCE DUE THIS PAYMENT S. CERTIFICATION OF CONTRACTOR Is1 Zx{Z.IZ According to the best ad my knowledge and belief. I certify that all items a amouott shown out the face of this Periodic Estimate for Partial Psymem are eoetect• that all work has been performed and/or maeetial suppled in fall accordance with the requiremests of the referenced Contract, and lot duly authorised deviations, substiturions. Alterations, and/or sdditions; that the furetaing is a true and correct statement of the contract accouat up to and including the last day of the period covered by this Periodic Estimate, that Mao part of the "Valance Due This Psyment" has been received, a" that the undersigned sad his subcostractas here-(ektek a)•I•8a61, Ham) a. Fr Complied with all the labor provisioss of said contract. h. Complied wish all the labor provisions of said contract except in those instances where so homes$ dispute exists with ea specE to said labor provisi&ns. (if (a) a caaskab a"sala Prreflr "Mare of aapar«J 2Li4sY i�cQaey�V B, (Cwtrrt.d (fttnnw. de Ala a e lesnseAretrre) 3 r"* . I')— Title 6. CERTIFICATION OF ARCHITECT OR ENGINEER 1 Conde that I have checked J.J eenfied SIN, above and faeaoing Pirlatlt Esnrartr fa Partial PsTntrnt; that e. the best of my knowledge and belief it Is a ltur And correct statement at Oak rerfor=d and 'a material .urriKJ by she Contractor; that All wort and or raatrnal saclua ed to this Periodic Est —se has been m.pected by me, and or b) my duty aushorated egrsenarive m asssunts and that is has been rent—c-t sat or ter, lied m full ucorJance with requrect M. of it, refrrewcr eontun; And that rsstal Payment claimed and tegrrstrd by erne eons'"goa ns .uateely coapltrd on tie bass* d work prrtamrd and'& mace - 'Jai suppled to date. Sis"d lArratecs a. afar - Date 7. PRE -PAYMENT CERTIFICATION OY FIELD ENGINEER CIr �hPr .I Pfr/awt inrll.slr I hake rh"i j the. .a[maat. gArn am the . nmra. may a SrMIla4 .,/ Ar..,nf• I- Cane,a.t P Inuat., rte sa•tt. Ind relF.n. aA of In•n-.n +r. .a rho yr••rr•I, an.t the T•rr rJa. ra {a. r. .�t eel:n:r• m. .t,he,tt r . It I, r•. a n, Teat thr.tarn rant.1 v sate i•arerr.•.t anJ .� na:an4+ �o1TIr•d a. ,lief rho .-AT..... I. I. nr•rr 11'e rvguua n� os.•.d its cuntu:m, a1.J rear tGr ecesra. sus .hva+e h rum ter ,«.--amrtar. yy,t.-1 a•wna. —1.a inn mLn al) a.vk Ind or rant —I. ueJar Ira c•aru.r ha. tarn rn.re.mrd torIli ant that a ha. tree pftorrrid Inf'm our. r:r.J In 1.1; aa.a JArre —h It,r ra quark nr nn.•1 It. c.elraet. o 1/la34 Fr I—n Aar.) �r rwrd •c . r : I Is e, I I7 � I t 1 r (INr. NA, e1•52111. Areal tepees Ise JO, 1974 OAI. 90.11! Y.S. OEr•MITYtNt or a+•uLnf.I. IRie, /e.tM ttOMp11C t11: Y4.0.•MCNI AYWNI.. rIA/rOM r ' Y •AOJLCT MO. , K-12720-81- PERIODIC CSTIMATE FOR PARTIAL PAYMENT CONTRACT NO. Mama Ago LOCATION or PROJCCT KENAI SWAGE TREATMENT PLANT EKPANSI0l1 NAMt AND A00R965 Or CONTRACTOa SROWM i ASSOCIATES, J.V. Sox 1313 e tQ ►aaaore ttTnArt NO, � 6 ran "RIO* 11-10-80 It A. to 71- 5� 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY i Entries Oast be limited to work and costs under the Prisisal casrtset Aly. (Weh and cost data under thanSe orders is to be shown in Pan 2 of this form) Columns (1) theouSh W. Ever data shorn in columns 1, 2. J. S and 9. respectively. on Fong Mill prepped bj Contractor. Coleman (6) and (7). Star all work ce"Itted to dsteunder odSinal toattau. Column (1). Enter the difference between ennits in columns ()) and (7). Column (9). Show, percent ratio of column (7) to column (S). CONTRACT COMPL[Tt0 TO DATE COST 0I WANT. COST Pew UNIT TOTAL COST YNr7 pIANT. Te1AL aOST Ino, �• 09KIMrypM or tTart YRCOMPLtTtO ttORK ; teM� In Irt OT I.N Mr Mr tM at no I Mobilisation S4,335.00 ' 84,335.00 INS 2 Demolition 18,000.00 - 3 Earthwork 318.465.0 ' 296,172.45 932 4 Inlet lfanhole 6,075.0 - 5.771.25 95x S Asphalt Pavement 1I ."$.Do - 6 Face* 16,200.00' 12,960.00 ' 80x 7 Sesdiag 2,544.00 ' 8 Torn Septage Facility 11.424.00 - 11,081:28 97x 9 Forn Control Building 11,424.00- 10 Form Farshsll Flow 11,424.00 ' 1,142.00 lox 11 Place Septage Facility 6,038.00 - 4,830.40 ' 80x 12• Place Control Building 6,039.00 ; 13 Place Parshall Flume 6,038.00 - 1,200.00 20x 14' Forn Digester 120.469.00 - 120,469,00 ON 15 Tom Clarifier 0 1 71.242.00- 66,255.06 932 16' Forn Clarifier 0.2 132,309.00 ' 119,078.10 90x 17 Torn Sludge Pump Building 45.696.00 - 2,284.80 18 For* Other 11.424.00 - 19 Place Digester 63.675.00, 63,67KOO - OOx 20 Place Clarifier 4 1 37.656.00 - 35,020.08 - 93x 1 Place Clarifier 12 69.934.00 - 59,444.40 - 8531 22 Place Sludge pump Building 24,152.00 - 1,207.60 - 5% 3 Plue Other 6.038.00 , 24 Memory 20, 600.00 - S Fabricated Metalwork 92.992.50 - 36,408.24 z 39x 6 tough Carpentry 20,084.00 7 Finish Carpentry 3.180.00 ' 28 Roofing and Dampproofinq 36,463.96 ' 9 Building Insulation 5.088.00 30 Special Insulation Digester 46,211,00 ' 1,500.00 a 117, 1 Doors and 8indws 9,861.64 • . f 9 •QO . TOTAL 0/ COST COLUXAS J uateerOe I • w ;r- I I = y 1• .N 32. Painting 33 Bt r"hance Ciro. Any 34 sous Ciro. Ptnp 33 Waste Activated Pmps 36 Dipsted sludge Pumpp 37 P02ymar Pumps 38 Seytage Thustor Puarps 39 Activated Sludge Pumps • 40 Sludge Aocirc. Puny 41 Sludge Bolt Pre" 42 Rotary Screens 43 Secondary Clarifier Bech • 44 4IM/v* •.YM� A /1•IMI; M1MIi �eIK aN/ MM t .�.• pf M N Ile • .j 1•I M f se 137137foo • 1.1L0.00 '• � . 0,211.00 32.643.00 1364 '199818.00 14.629.00 3.8 i ! �•G77.00 14,618.00 ' 10.338.00 x 0.7 • 114,�3.00 ' . •. • 3.87l.00 ' 93.9S1.o0 ' ' 320MOo 129.761.00 ' 692.00 Aeration Yquipment %2, ! 45 Sludge Boat Sschsnger 16,908.00 , - 46 Aerobic Digester Slowira 70,030.00 ' 47 Aenticn Basin Blowers 47,254.00 ' • 48 Automatic Composite Samyler 8,52MO ' 49 Polymer Bgnipmatt 13.877.00 ' 10,121.00 x 2.9 50 Laboratory and *D.Bg=P• 9.000.00 19X 51 Mewl Engine Generator Set 52 ?suck and Trailer. 159.386.00 ' 53 Chlorination system 14,150.00 ' 54 Secondary ClarMer Dome 119.278.OD ' Solt Coagoss 73•Gi0•� ' • " 56 Vadergreund Pips 310,300.00 ' 226,044,00 72.8 • 57 Mon8rcun4 Pipe 23001;1.00 ' 71,801.00 ' y 28.7 ! 58 BVAC Sysism 127i200.00 ' 59 Plusbimg, Mine. Piping G 32,400.00 ' 17,610.00 x .9 ! 60 iaswalat10s t, Beat Tracing 19,080.00 ' 7,748.00 ' :6 61 Aerobic Digegter Boller 15,600.00 ' 10,768.00 9Z 62 Electrical 304,;19.00 ' 20,682.98 YZ 6; Over Zgos/atlon 2,100.00 2,100.00 f00i �, s — . A;)TAC V 0Y t 07 ftN1U ^r GttYia4f flu..%.E i • n foUs. Of COLT COLOara g,y99M4 ' 1.370,J319.4 y tt1 ], F I ■ ■ kj'. I ; -- rEsimiNamosso A S. SC;IEOULL• 6F CONTaACT CHANGE OaOENf AOOITION$ TOOR/OINSL -' �-+�- .._ > 1.1 ca•ry Shmhae owesia.ugd to Jate .i th,s requeAt eves ofnn •fd CONTRACT►RICL OSOUCT'0" . ",f has keen dote. YRJ.r eft as mswe web wj".. COrRON . a NTRACT ►Rica CONTRACT' TOTAL COST Or COST or CNANee As {NORM CNANCL OROLL Olives!1TCNs dwCNANat • " OLSCRIPTtOM 1TtP5 ADD IT CON►LettO Oitog" NO. oats CNANOe Oppose TO OATL lA Excavation Pending 34,016 50 Eaektill �3'007 v/lam ors ! , ii r7•{Jy. •ref f I TOTAL$ 77,024. 0 S. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 3,599,515.00 to) Orisiosl cowrsct Swaorm (O*I. S - (rwr *r Ohio Afro) _ tb) Pilots Addida or Sabedsled I. Collapse J Sharo e� r (S) Loses DedKtiws scheduled is coltrR 6 above U- 1 (4) Adjusted contests anwor to date ' 99 , 00 e. ANALTf15OF WORK FERFORNED , 1,370,319.64 (a) Cost d mith sl swsrses *sell prd~d to due (Col. r - (rewr as care form) (b) Es is mark Wavered to dote (Col. ) Sae..) 7 0 4.20 fat Taal tare of maAl pedarsed to dots 734. .343.84 � 3114 (4) Loses Asotww Cartilage is Keardsuf will c«* troct cents (sAe&or* Pove"t ache sour, on :i..% ' (0) Net Sotsow osrKd so Coarsest: writ to dive I'jUz.DUv.40 a. �. ((1 Adds N"eristo awe$ *a alone of skis preiad (AfrfaA deterred schedule) 1 - (S) Sul wall of to) sed U) � , fit) Losses Age w d proviwlo parmem --�- .10 V s 0) RALANCE DUE THIS PATNaNT L CERTIFICATION OF CONTRACTOR I T A, Pat, g oo dw best d y knowledge and belief. / certify that all hotas sad swow s Slower me the face d this Pacledie Eoffie t► j far Portisl Pgwew or# corrects that sit work has bees Federated sd/« material supplied is fall "cottages with she rtgaletNrora ! d she refe ease Cwvast. sed/or dsfy satlwrise/ deviitiens, sebstitatiws, skersoclows, sodear addkiowsl that the fang*isa is s t rust a" correct ststeaas'd the contract accost SF to sad ifctudiag tits Iasi day of dog Varied covered by this Periodic Essisotep , (kept w part al the "Oelsoce Dar This Psymem" leas bees received. sad that the oadmi oed Sad big sukemsetat have-fCMss aI1fNNN toe) a. In eooplied "Llt oil thr labor pravisieas of saki CMtract. i L p CSylted with *11 she lobar provision ofSaid toners" escape Is those lutseras "ken a N Mans disPa" exists wkb to- . ! $pact so Said Lbw previs;sos. (it W to sAfakedr bewtM hbllr Aab"a of I(a(Kre.) • .s swat; b ASSOCIATES, J.V. fly sCoemsataO Moisture of Ascsawl"d Rrpwofoowbo) ---�"it r,.•wr, „ r Dec. 12, 1980 ♦tq_ TiJf d. CERTIFICATION OF ARCHITECT OR ENGINEER ` 1 certify than t fare chocked as/ TerNied the shwa ad fargeisg pefidit Estimate I« Partial porormt; that a the lee" fir kaowitd Sad belief it is a rrK red career statesstat of Oak performed sod/or aotaacial Supplied by the cowts"as.k. otl deq • wait sod/or Rastrial iscladcd is Qis Periodic Estimate has bee* inspected by ow sod/w by of sabarlsd represented" essiaswe aid thin is has bees ptdaSlsd sad/w Supplied a full sccepdswer *nth regvweoewo of 94 reference ewwa"i sod t I r that pan" psyaeK cWord Sad requested y at eosnscar is Sweetly composed a as basis N work performed sad/w Mow Lttn riot sapplisd is �n _ /' �eLl.�a 01h ii"11 1—A mod,_ _ prr1N•rt areAdWeq ' Dole,y J !. PRE♦/AYNENT CERTIFICATION BY FIELD ENGINEER Chess free at rarRnr sectNladr - jot harm abashed this esrim me *gaisep list cowra"a's Sehrdr)r d As,w orre for Carifrtct Playwo rs, the *sae sod wppps d Ate issreerisas ad tkt {roiect, sad the petwdie ferwis sfkmNtrd by The arch sect/soxioeer, it is my orvfio n that the atsewtat of wn ra d is acceptor, tk"n the cocta is s►aerNdg ste omkcoaws of the Cosmetics. and work r(aeffwaed sd Materials szl*' that atesatesetor shesld be paid Ike &Owm tcgsested abo+f. v t gad this it s bees prdorMsd OWN s Of cenify sitar can wwi serf/« material -Jet Its canna" has ben by gar in (all aeea Ke with he regrircrxms ul she contrul. ; tpiitd z 10 .Ale- . lie triple Se{tw) iDepf1 ' j i . CITY OF KENAI P.O. BOX S8O - KENAI, ALASKA - PHONE 283.7535 Tot FROM: C. ,4. Q►'�.... DATE REFERENCE S 4 d2 E✓4rw •T�rgfG ,�/�fi d4/a� K,PoA I�. /rOrp��i i Co"��+•C..T� rt�cr�.�,� re�w��ioh o> o0 0 •f C4Pa.P/A7�tJ w,% Jed. �Vo.TiOq I1Gvfo` Mar % . hlc6!!wr%. Mi 1 G hl ClJ J J I i 'I SIGNED ^ATE i u s t^ y ir--V� WAAon s ioleACoc VVrG.0, ,AD6 Pay Es, # filr I Fr. -,v /,-,/a 9 r<c-c,, -� ,ecao ,we, > Tif/6 GN,* iU6c�S: 1T��9 /rlp - Si �c woe, 7~iYlS stibd�,v �� { 40.at 7w hf ASP AJv T Pc.GTE /N T/��T %T J,S NdT i Gdr2i B.o „I 'mot Sv2e T�•�' wic � s1E /il E /lOO� 7io,.:.41-Si7G' �LOS t Off• Tjr� �.r�p�G : i9Lsa� .✓ , 4TiAol& T�`,::er 9.ec /6i ' o a WIO IC7r4 ox, oevA-rew,4 e:S ,err tiEe-.,D � PClca ON ,,jrATE'�/A(-. $ ® /NSPgC T T//A7- l? /S //V �%iC �[liLClel' !//'li'✓ lsiii I 0 Tiy S1r6#P6,4et T� cti i �-it-T' ® f 1 BE sn T�s F• c,t> . t P.4c c �Ao��e�= 1 ��sJ ... Sv�sin i r%t G s /t iLE N s:: S/�EG ��i� �C.t�spG//� /YG•T '• S` 1 Pep dy m I ■ i w i i - I �I I J 9 V t .0+ E0. 11 4 S V .A 49. u•v eco..•.c a .. -. PERIODIC ESTIMATE FOR PAR1 MAYS AND 13CATIOM Or PROJECT City of Kenai - alarm Sturage B MAY[ AND AODaESS OF COMTPAC -OA Alaska Bailer dI Heat Exchan,;et P.D. Box 7112 VM Kenai Alaska 99611 _ PERIODIC ESTIMATE No, Z r 1. COST OF WORK COMPLETED TO 0 Entries must be limited to work . nd, 41'.nk and cost data under change ..a Columns (1) through (S). Enter data Contractor. Column (6) and (7). Show .11 work Column (8). Enter the difference beI Column (9L Show percent ratio of eI DESCnIPTIOa oI ITEM T III 1 tH 1. Equipment Rental 2. Engineering 3. Site Work 4. Concrete Work i. Steel Erection 6. Buildiny 7. Insulation 8. Electrical 9. Heating 10. Doom 11. Plywood 12. Special Site 'York ZSCSITZ9 CEC 21 1%3 fi1T of "M TOTAL Or C-ST Cot YM I ti I I 2. SCHEDULE Of :Of(TQA.t CHANCE CRr..ER' t • •ro&Y COwr w&Gr , -.__ —_ __ _— �_ I •r-q _' `. _-. •r •.•t Anor 1 .. 0 ,wns4 art its - �- - l. 1 /3/W Removal of unsuitable excess mat•!riala U .250 O $1,250 00� -0- r i 1 i I I TOTALS $1.250 Ito $1,250 60JI -0- 3. A-SALTS15 Of ADJUSTED CONTRACT AtWUMT TO DATE $166,525.00 : I 1-I /Ir,Fir. 1 irrott ..t Act...•rr ,C.J. f ,/oar•1 rA,. TOM, �-"5� a ' (! • Pler tJdip• to .ch. wla I n....,,nn sh..ve _�—��-'�� (. Less: 114e• --me-0 -J-11 ( adt4- � c...'•,cr ani. nM1t 1., .}A, �.. �_ �.... �- 1 d. AMALTS•S Of bORK PERFORMED 74,33�6.50 1., 4,001 :. r,F., ;conrr.a,.ak 1- arm.•-o.d+te C. ,. •. I__ .1 0•:Fatu . vbr :ward+.•.arc .t .1. f .:.•.-. _._ -- __ 1--•7r�-e w-'. -- . k•+Ttu{.: wt a- ,YL ya r,.rn,rJ ,.•.sea— -- r,770.07 - •.,?:a...-y:,,�..yJ3+,S1['•.-..a..],: (Js Let. imdur• ra•.nn.+ rn A•cw..wct r :h .**tract vn:...Sn..w 1..a Par rm •r.d d.l,., .+•w,m/�L•..:-�0Z735 - W%rt_flt, .'Md .YICMSr.Ct• A,r, t+,r _-�___�� . �� r. Lr�07 05 Add: ►tat.H,.- •IaacJ at cIv c . J IN. P'P..' (All., 1, d,1.1t,4 a.n/dutr, •�..+nw1•-R��- 04tax 07 _ 04 Lass Anowt of pta..oua pa+n. nn 5-'I'5'Qu `=,r 61 DAL SCE Dt•E T1115 PAW %I S. CERTIFICATION OF CONTRACTOR Ateellir,F so for beef of mr kwwkdFe ant M I:rf, t «ttif, That of! ifvmr an' amw_nto sheen on the feet cf tbia Pefitttt Eetieate , la Parn•k PsTmew a•e Career ths, all .wk h+a fixes per. 4=4 -nJ of mat• fist •OPPl•1d i* full aceftrdA,.Ce Tab t1r :rquitsSense of the ref-f Conic[. Ant gar d,Iy su,hw reed devis[n ... ..I, m .non•, AJte, t.oa•, and cr addition,; that the fr *Sams n • tc.e sea. arrets 4 rrntm of t4 fastest ace u,.rd up to an mclu, . j, •fr� L-g ds, d the pem•a covered b{ $bit Penv .c Efraesn; tMatrwp.ndma'•L.tar»t Dar rhi•t'a.w n:^I.—beenracai,, .• Jrh.: •F.r nJcr• j"d-ndfirssubaa.tr tirA ,•.c.,cBeats ,ry•NAM� IUrf ' a. EX Cearl.ad r db All the Lba pre•. i:..0a• al .sic . was. ' ►. t'eeq•:rd .dh All thr W w peek i•nm, of :•Aid . ntraat . a,• K ,n It --sT inasamra . are .w boaass J. We a "'Co _a itb r<. .Pee, to • a.J tab.. prur. -ova•. (if (b, ., be. A. 1, d.r.rle. ,14W .um.• or dr.P./ d Alaska 8oi11!r 6 Heat Exchanger ;erviee. Inc•. hr R.V. Ferrell R. Deen, December 29 ,SO 1„kPresiOent_ — _— 6. CERTIFICATIOt1 OF ARC•IITECT OR ENGINEER I eeKiff th,2t have feek. I A,rd rrdwJ •iar &testa And [A.. •... PAsa,lr. that . fort •1 d at 1 .**.ledge At: bales, a ss ..,uv and cwr• : r .utsr+n:.d r.:: 0 rt Tom, ! mt .v r sear•+1 •ur•:Ted h+ d: cues•• Ana: r •: J! -mt and'•. c-Atrful .wIv •, m A,. Ygr•ot4- t •,,rest. ft.. •••- . n •p • • .•. am •+ M _r d,n• , a,r+u• ,sere - . •r•rela. ,&s that n bA. t+an p. tturr..r! mt 4..n(pi,. J n. :ell ....r • +nf -a 4u,a mrm• d tb n tcrcaa : unu. :i .ad •at ra.W 1w M1+. In late!... I .. q.. aa.I let'L•.. . .wtr..n• . * .et. w•• ode i sqi prrf++� fly ear. - at•a1s'.at tare. � !uI_ COI•.1/eci _—��i�S� 1L J1 .:PPZOVCJ BV CITY Cor-':.•JJee 9t/q. "`"'•° (An &fire.. wr/sr.n - - _. V-.Fa k / .: l� �•-- — -- ' .�t•w 1: F. PRE'PArttEMT CERTIFICATIOM BY FIELD ENGSNEER� r1wGII{AL CCptl TO - -- Cara& M- ••• e. - -ova ..•r.,.. d: I, t H•• ct .► tar.. ^rc .. ..n - .. !.. a .. t -Gan.. • / v: ,,, •..!:..r. /n: .1 It U m-P ,r s pr• •. An:. _ t.:. .. ..j.-:. r.• .: tr rf*tr•a/ u L ..•A •y�f.t�.. d • •- •,awl.. .+ � s.•..t. ..; e:::a .q.nade: H er •. n'.A.. s- ii tbst • :r . mit. tw sh.....: br Pn .n.x,re a ..,• ~ . `iafr. n rkA:. t rest +••: sera -•r r ctJ•.• •t . ..•• - ns .nJ tea a fire! .n t u•m J •l..or .rp. .�✓' j Pied m 1.11 a.: twist a .,tb s ra t. ra c. a.. t •:+ ,.,� � - LAPR«., �_ . �. ,--_ � �_ -• .. t: IOaar [O •., rt• .1tG . 14- Alaska Bipikr and fliv t Exrhankf r &?rricf" In(.. P.O. Box 7112 N RB Kenai,. Alaska 99w i December 29, 1980 Mile25.5 N. Road Phone (907) 776-9709 i Re: City of Kenai Warm Storage Building Contract no. 6-02-0142-07 Mr. Keith Kornelius City of Kenai Department of Public Works P.O. Box 580 Kenai, Alaska 99611 Subject: Periodic Estimate For Partial Payment Dear Mr. Kornelius: This is an attachment to Periodic Estimate For Partial Payment, number two (2), covering the period from November 1, 1980 to December 29, 1980. Reference section four (4), Item F - Materials stored at close of this period. Itemized as follows: 1. Insulation - (50% only) - $ 8,000.00 2. Doors - (50A only) - 7,000.00 3. Plywood - (50: only) - 1,600.00 $16, 600.00 If you have any questions concerning this matter, please contact me. Sincerely, f i ALASKA BOILER AND HEAT EXCHANGER SERVICE, INC. Geerre President FRD/dls - I ^•w tO.tlSr. .. v.• :uF •o• o..:It •.s V. PERIODIC ESTIMATE FOR PARTIAL PAYMENT ci4T...tvo. FOR OrvC //�/ h-02-0142-07 C Are- 7-now[ Also LOCATION OF Owal[CT City of Kenai - Warm Storage Building - end of Airport Road - next to t,aty mtup LMt owC AO:wtss Or COls T.v_-'aw _ -- Alaska Boiler 6 Heat Exchar.3er Service, Inc. P.O. Box 7112 %RB Corrected Ve Alaska99611 � •--_..,..-- -• -�`_ 2 November 1 BO December Sl 80 ,LwtO01t [ST�lsAri NO IOw tKw10O t! ^ , TO t! 1. COST OF WORK COMPLETED TO DATE UNDER OPIGINAL CONTRACT ONLY :4 . Emus awst be limited to work and costs under the original contract only.. (V&Wj: and eo.t data und.-t change nrders is to be �ho%n /n fart 2 of this t• .nt•) !: Columns (1) thrw,(b (5). Enter data sl.ova In columns 1, 2, ), 8 .Ind 9, rc ,vctsvely. on Fern EMI it prepare 1 by COt UCtOt. Colutans (6) mad f")- Show all wdrk completed to dateundaroriginal coauaa. �'• G lama 481. Eater the difference between entries in columns (5) mad ('). G•lumn (fit, Show percelt firio of caluan (7) to eolu-4a (1). r t. ) iTLY COUTw.CT COM,LeT[a TO OA fit COST Of COST 11' J �. 0[scwtwfttw OF /T[ls OY.M t. =Oft rt'w .�It TOT., Gust LIM* ��ry,, TOT.{, COST u�CCVA�t•[O NOAK 'p ••MM -_ ••' "- S 1. Equipment Rental 12.348.00 12.348.00 -0- 00: 2. Engineering 4,077.00- 2.038.50 2,038.5U 50' + ; 3. $ite Bork 19,000.00 19,000.00 -0- 00: ) ( 1 4. Concrete Work 18,500.00 10.000.00 8,500.00 5ro S. Steel Erection 26,900.00 26,900.00' . -0- 0014, , 6. Building 32,000.00 -0- 32,000.60 0 A 1�{ 7. S. Insulation Electrical 16,000.00 13,000.00 -0- -0- 16,000.00 13,000.00 0 X 0 % { } r 9. Heating 6,000.00 -0-1 6.000.03 0 10. Doors 14,000.00 -0- 14.000.00 0: v -- 11. Plywood 3,200.00 -0- 3,200.00 0 % 12. Special Site Work 1,500.QD low.00' -0- ODS ! ,?E6a�Fl�t.�D TiYAT /r&ll VV 3, -r S/TL l04P.2K - Few BY Of /000,00 s•4rte TWGvt /S A CM4 NCe 7- 7v .06 .B!/�/CID • j5� /GCS S -Be- C 7'40 &e IIv�Yt.� T//E' P.ee�E'e r /s tiE�►�e ea�v/ie rioN, J t ��oo• i ♦04.f:e- .» ,fl.. 's3 {.:// r�,4/t' :., �► Pi),.ri„f' , -- • I TOT{LOF :CST LUw$ _ r---SIV-525.0[�✓ $71.-86.50 i3414 T• `d._ i l_ }. i �K• ie .Ifr.r •! ..LC Of CONTRA. f CHANGE Of+dCR % two 10111a•CT • ., + 7, .01• •• •, .I •• sr fw• A4 GXAMf.[••tta :,$C,+if•ri74 ,tt V.`ft•t"1n. use u,t•I', G{.MA ..[ h0. ,•f. R'Qval of unsuitable excess �ecerials• 11,250 p0% $1.251 9 ✓, -J- TOTALS E1,250 0 1 $1,250 to 1-0- 7. ANAL"+SIS OF ADJUSTED CONTRACT AMOUNT TO DATE (alvr .Nul .oatrA.r sm•-.m C.S..s - 11-1.1 ,h.. re..•, $166 25.S10 J..la•d m .oimn , .f.-- 1�250.00 ✓ (t1 L. •s: t'.J:cnors •clud-kJ m..lurs.a o.l•mt ^�'�w td) •+.sit 'attract ,. cur, t1 dal.• 167.775.00 3 e• ANALYSIS OF WORK PERFORMED tat t.•'st at'ismat eomnct marl SaShe j so date W.I. r • 1—, .t ski. tors 71-786• S0 Al Eura r,sh pntorscd to dare 'e.1. $ .0...t 1.250.OE7 ✓ (91 T.tat eo.t d .of& jafars J ro date 73.036.50 ; (A) Les: Asaen, teameJ a a'eerdance s at canners tern. tahw both fdfrt.r .nd doll., es —114L2 : 7.303. bS se�•. r1.:--..+-: s-a p) %it J s-m e.tn.: oncontract —ig to date 6S,T2.85 a (f1 A",. Stetefists scared At close .t this ret$W (Artdeh drralfid -Ale-fit -Q- (/ISSbt.+atd:e)aa:ltt 65.732.5 T•- " aI t tons: Aesc.at df ptertods parr au •�� - S72BS ✓ F (:1 rALA-(CE WE TM5 PAYMENT 33.210.00 � S' i CERTIFICATION Of CONTRACTOR Aeeerdiee to tie he.s of m- knoafeese and belief. I cenify that At items ad Amount• sh.rn as the face d this Pstiedic Cet.esee far Paassl Pares se ecrreet; that art •wit has been prdonte! Sad of sAtetiat sofplltd in felt acearJirte rrt► Its ttttit COMS of She tefeteeces C.-nuaet, afd'er dolt Aulhorsted d"isticas, ssbstit aim., sltenuons, and a sdditionsy that the fareposnf ,s a taw aad carte" ees:enes d Its sawn': accosmt ap to And raclahaf tk fast Jay of the rcre" cohered by this Pendie Est: ate; i•• thsr tie ran ofthe " Ostsace Vat This NtrMnt" has bees rtceis.-J, Sad that rh• anjetsrturd Ss! his subcon:tscta. have Schram .wore.ar L.q �- S. PS C-splied with All she tabor pr nissos. of wad contract. •. (,,',C• Mpirrd rah Ilt the bites poriana. of s..d'ontran'a. , IS in tho., ia-.uace• vif", Ss hunest disiae piste • ch n- tl.st to aatd Iabar p rrnsXv. Ift cal to sevek f. I...Inr rrr.Nr -- .e dr.p.•••r i% . •i it %r ml Alaska Boller h Heat Exchanger Service, Inc. lC.,-rrra• tfo d ►.nri1 Rn...rwa•-wf Ferrell R. Deen, i + January 5 , to 81 Tarr Pts<±1s+Prat 6, CERTIFICATION OF ARCHITECT OR MINIM � 'A t censty sham 1 hsse Stu c41 AXJ • fr.fstJ IIV ab.nt •r,: t.•. r..:wi 1•. n.du E•u-utr 6r Y..u.l tit,-act.1. eh.+ ro rt. hr t ,d w. bwldre Ind belief a 1. +tr- Sad ...rrrr "Me ,, m d —L r. d. reed only! •rd raa-141 .utd. •! I. r1n . an•rscs e-, th's all - �- ,� fpl awl M • 41VIIA1 •a 14'r•1 N' rDN f•�r.a•tt 1'.I rr•tfr h+• .••-tV M.jr.,• • ht ,'1• aw+ ••r t-Y r- .,r.+ „/•.r.r/rt 1 jrr«I•NnI a pants/'e I• d rite/ i1 act• ,tan j<"n,. -t S.I '.r f-= rhi- rh IXII •t. •d u•- • •'*h r< Quit s rM• •r ttr rr• r. Ns to+•rxt; 'cal i oDP Pm. tl sSYs<nr c:S,nr! Ar•: r,I r•.' Ff rite .. n:r.. (i� ._ n., t!) : rp ••.t .rs t!•r t•A.i. M •..L i'•'_n.... d .w.f/o• as.. ro••a(r'Awdate. •j. ". I tAMttrsr rt arr..l r :r •,rS ('Jf Jv -_•.s. � 1 -- I t ..... .. 7. PR6►A1ME011I CERttitCATtON 6Y FIELD ENGINEER P Lam, { .� -- - -- - ---' -- -- - -- I -- - ( eMA ►• s ►.ravwr •.nd.rr -`ft • .lel a.r•• .err . - .r•ra •. b•• r t- .v <r•r•.•Y+,e rS• cone wra.a- st f+ sdrr i ---__.� -u. r �'. st r•a Ie• ,' i. .. ;gin ! "-.. r. ,.• ., . .-.. ,. rt'+j.:f.-Jt�alU .:" - •'''-r�!t .iAr.-a frl d'Mi anf•:•I!S rite- ore .onttaun etwl= t. ,A,= s . Aewm•r.j...ra St .., vI C. rut$ em d:.otl us or -- ul- —1.r it- • • a:n. r n,.:... ,o r. c. +ri ft.• a s .- t•s,a pdor!vj seS- •rq- pirJ .a 1.11 -ads". at.. 1% a-4— ,m• '•f tc -otf,_•, rtF t e4.e••, .f.I. LETTER OF INTENT MI. Ir 1 1 i I I Kenai Cable Vision is a locally owned and operated corporation that is proposing to construct and operate a cable television d system in Kenai Alaska. i The system that is planned will recieve its programming primarily from two sources. An earth station will recieve six channels from RCA Satcom I satellite. To recieve the local Anchorage channels we will use a 50 foot tower, commercial grade antennas and preamplifiers that produce a high quality picture. All of these channels will be transmitted on a cable network throughout the downtown area of Kenai. From the main cable drop lines will be run to the subscribers homes. This cable system will hove a capacity of 36 channels so that additional channels can be added as the area and system grows. i~enai Cable Vision program offerings would include six channels brought live via satellite to I'enai residents including, WTPS a 24 hr. super station with special childrens programs, a 24 hr. News station, Trinity n-roadcustinll a religious orientated station, ESM a 24 hr. sports station, C-3I1.'.Y which cover:. the Hause of ReprosAntatives proceedings, and Home Box , i I I II 2 - Office which offers first run movies and Top Entertainment Stars in concert. These stations are broadcast with no delay from the continental USA, with out commerical interuptions. The four Anchorage stations, KEKI, KAKM, KTVA, AND KIMO, would also be carried over cable which means that homes that subscribe do not need antennas or other related television equipment. In addition to entertainment and educational opportunities, this cable system can also provide community services. Among these are fire and security systems, public affairs channels and a link to a central computer that can do banking, pay bills and provide a variety of r.V. games. Cable Vision would be available to residents for a monthly subscribtion fee, with a installation charge and free dis- connect service. Kenai Cable Vision has taken a survey of 470 Kenai residents to ascertain the interest in this type of service. The survey contained: a letter, explaining briefly what cable television is, brochures of four satellite stations describing their programs, a postcard, which asked if they were interested in cable television, whether they would like to see a local concern bring cable television to Kenai, and for comments. 1- i E The response to this survey was very positive with over 200 replying and only 5 negative responses, 3 of which were moving. To have over 40 Op reply to a mail in survey is considered excellent in the industry. Cable television is a relatively new media that has grown at an amazing rate in the last five years. In 1975 cable television had 9,800,000 subscribers. Today in 1980, there are over 16,000,000 subscribers, It is forcasted that 90% of American homes will have acess to cable television in 1985. We believe that cable television is the comming media and offers exciting opportunities that will prove it to be both a profitable and worth while investment. Yvonne iiakkinen Kenai Cable Vision Dec. 20 1980 .p a i t '�'• , • JAY S. HAMMOND, Governor 07WII C7, OF TUR GQ%3'22IMOR POUCH AP .1UNEAUALASKA 09011 DIVISIOM OF POLICY DEVELOPMENT AND PLANNING ; 1007) Z-3941 OR 465.2574 Gary Davis Kenai Advisory Harbor Commission City of Kenai Box 580 December 22, 1980 Kenai Alaska 99611 RECEIVE BY C? i�� KtQq�A/ T101/ Gary: ' Enclosed is the most recent copy of the Memorandum of Agreement for the Kenai Wetlands Planning Project. This copy incorporates appropriate language changes requested during the review of ;.srlier drafts. While vie have not yet been able to review this copy with all of the State and federal agencies, vie are confident few, if any, additional changes will be necessary. Attachments 8 and C are not included in this mailing since you should already have copies on hand. Attachment 0 is still being worked on and will be sent to you as soon as possible. It is our current understanding that the enclosed Memorandum of Agreement and all of its attachments will again be considered by the City of Kenai at its January 14, 198J J City Council meeting. If you have any questions please feel free to call. Sincerely, ee X--+' XU Kurt Fredriksson Special Projects Supervisor Office of Coastal Management cc: Kenai Wetlands Working Group Kenai Wetlands Workiia 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 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, MAES, Anchorage Nancy Hemming/Brad Smith, National Marine Fisheries Service, Anchorage Nark Stephens/Roger Maggard, Alaska Division of Community Planning, Anchorage William Brighton, Manager, City of Kenai Vincent O'Reilly, Mayor, City of Kenai Gary Davis, Kenai Advisory Harbor Commission Phil Waring, Planning Director, Kenai Peninsula Borough, Soldotna Kramer, Chin and Kayo, consultants to Kenai Peninsula Borough Lisa Speer, National Wildlife Federation Jim Caruth, U. S. Army Corps bf Engineers, Anchorage Stan Thompson, Mayor, Kenai Peninsula Borough, Soldotna Jim Sweeney, U. S. Environmental Protection Agency, Anchorage Bob Butts, Division of Minerals and Energy Management, Anchorage 4� �i�'-'_Y.jr-��- -� • .__-_ - -- ---, _____ .. i----"_'ice-_ _ __ :Q i � • i P -y 1 a i �^. - }I - __-c'.:::�+ .a+ . "fir: �.vr. F. - .., f.... _ _ _ • �; ----iw.-szr �.r- _ _ - _ _ _ — i- • fi s' 22 December 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 ye Alaska Department of Environmental Conservation Alaska Department of Fish and Game Alaska Division of Policy Development and Planning -- a Alaska Department of Natural Resources a rl M This Memorandum of Agreement (MUA) 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 and planning decisions, to the extent allowed by law, including the federal guidelines adopted pursuant to section 404(b) of the Clean 4later Act. The project outlined in this 140A 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. Partial funding for biological studies is provided by the U.S. Fish and 1111dlife Service. 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 wetland values and functions be protected. Congress has required that federal permits be obtained prior to discharge of dredged or fill materials in wetlandsl and other waters of the United States. -Z- 0 A high percentage of the land within the City of Kenai is wetlands and falls under the federal jurisdiction of the Clean Water Act. There is currently interest in development within the City of Kenai. Conflicts over the proper management of the wetlands within the City of Kenai have emerged. The Alaska Coastal Management Program offers an opportunity for resolution of conflicts and exploration of alternative ways to accommodate development , 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 developed under a cooperative process could provide the following benefits: 1. greater predictability in the permitting process. 2. Shorter review periods for individual permit applications. 3. Identification of any areas within the City of Kenai where certain kinds of development could proceed under general permits2 if appropriate under the 404 program. 4. Accommodation and appropriate siting of the primary development needs of the City of Kenai as demonstrated through the planning process. -3- J - 1 I a . YA r — --�.. { 5. Assurance of protection of valuable natural resources' associated with wetlands. i 6. Potential for local government to use the plan as the basis f for a program of land trading to exchange publicly held de- velopable lands for privately held lands identified as having critical values and being not suitable for development. I The goals and benefits of this project are consistent with two of the j primar y y 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. 1: The Kenai wetlands planning p g project will include two phases, which will „ _= overlapin time. Phase One will ,,. 0 i li involve the collection and analysis of i data on the Kenai wetlands. Phase Two will consist of the planning and conflict resolution process. Phase One: Data Collection _-T. 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, as outlined in Attachment A. Information needed for i -4- .� I �i i - n' f f ! P these determinations has to date been obtained on a case by case basis 1 i 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 identi- fied the topics for which information is needed and agreed upon work i plans to provide this information. Ecological, biological and hydrological values are addressed. In addition, an assessment of the development needs of the City is needed. Points of Agreement: , 1) The area included under the studies and planning process is the 1• - _ _ wetlands and uplands as agreed to by the group within the corporate 1 boundaries of the City of Kenai. 2) 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 "f wetlands by mammals, birds, and fish, with funds provided by the _- Alaska Coastal Management Program (AC14P). I I A r 3) 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. 4) The Department of Natural Resources agrees to carry out the work i.,.: outlined in attachment D pertaining to the hydrology of the Kenai wetlands, with funds provided by the ACMP. 5) The U.S. Army Corps of Engineers, in conjunction with the Environ- mental Protection Agency, agrees to designate the areas that fall under its jurisdiction. 0 6) The five entities mentioned in points 1-5 further agree that results of these studies will be made available to the planning group by January 15, 1982, 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. 7) The state and federal parties agree that a -stater quality study should be conducted. �j 8) The state and federal parties to this MOA agree that the information to be supplied through studies outlined in this part (supplemented as desired by any information obtained by any agency using its otvn resources) will be sufficient for the purposes of the planning. process outlined and agreed to in this t40A. A11 state and federal parties agree to participate in the planning process on the basis I� of the information available at the completion of studies outlined =� in this 140A, unless the planning group mutually agrees that col- lection of additional data is required before or during planning process. f a�. z. . -6- W � R 1 1 j, 9) The City of Kenai and the Department of Natural Resources agree to i �0_ —� obtain information needed for determination of development needs for the study area. Part Two: Planning Process i Introduction o The planning process to be followed by the parties to this MOA is intended to reduce conflicts over management of the wetlands of the City of Kenai. The process must incorporate and balance competing interests within legal frameworks. 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 of each party to this MOA, will be convened within 30 days of the signing of this MOA. The group will undertake the project outlined herein and as further defined by the group. Each representative and an 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. -7- -- a 3) All parties agree to employ their discretionary powers to reach agreement on a plan within legal and policy constraints and agree to participate in negotiations and mediated sessions, if necessary, to this end. Parties will primarily address areas for which they have expertise, responsibility, and legal authority. 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 MOA objects to it. 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. 7) All parties acknowledge that provisions of federal regulations provided for in Section 404(b) of the Clean Water Act will be �applied during the planning process. These regulations require that development in wetlands subject to the 404 program meet three I s.- tests. First, the need for proposed development must be demon- strated. Second, there must be no practicable alternative to development in wetlands. Third, there must be no significant i adverse effect on aquatic resources. -8- ,f V i . I i p Y I 5 L J / f 4'ikF➢ ��} !- 3.i.L� "&.+xit.s.. <;.�: ors:. . . 8) The state and federal parties agree that every reasonable attempt will be made to accommodate the development needs of the City of Kenai as agreed to and documented by the group, within the limits of law. "9) The state and federal parties agree that there will be no mora- torium on 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 would probably be denied. The plan will document when and to what extent 404 and other permit review criteria have been met. The parties recognize that stipulations designed to minimize adverse impacts of projects will often be added during permit review. The plan by itself will not provide the legal authorization or denial of a project nor will it supersede regulatory requirements or other legal authorities. 11) The City of Kenai and the Kenai Peninsula Borough express their -' intention to incorporate the wetlands management plan into their planning and zoning measures. I ,r _ I 12) All parties agree that the wetlands management plan will include procedures for amendment that involve all parties. J.� 13) 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. 3) Determine the criteria for identification of planning units for the Kenai wetlands and 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 four. 6) The City of Kenai and the Kenai Peninsula Borough will identify, through public involvement and the local decision -making process of the land use needs of the City of Kenai. The group will decide which projects it believes to be water dependent, water -related, or not water -related. _10- FM 7) Identify areas of the Kenai wetlands in which demonstrated development needs can be located and areas where wetlands will be protected. 8) Prepare recommendations for appropriate management of the Kenai wetlands. 9) Prepare detailed recommendations for enactment of the plan by j the public and local state and federal agencies including how and -- to what extent federal and state agencies wilt use it in the permit reviews. 10) Develop mechanisms for amendment of the plan. r- w ,- t . Footnotes - �' 1. For the purposes of the Clean Water Act, wetlands are defined as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that V under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands . c generally include swamps, marshes, bogs, and similar areas." This definition is from Title 33, Part 322(c) of the Code of Federal i Regulations. ! 2. By regulation, the term general permit refers to "a Department of the Army authorization that is issued for a category or categories of discharges of dredged or fill material that are substantially similar in nature and that cause only minimal individual and cumu- lative adverse environmental impact. A general permit is issued - ' following an evaluation of the proposed category of discharges in j accordance with the procedures of this regulation and a j determination that the proposed discharges will be in the public ,. . j interest . . This definition is found at Title 33, Part 323.2(p) j of the Code of Federal Regulations. 1 i S I II I 1� I I R j l 1 t4 I I � f I _ r 1 3 • I s I �, ATTACHMENT A LEGAL AUTHORITIES OF PARTIES TO THE MOA QP ' The parties to the Memorandum of Agreement for the City of Kenai Wetlands ' Planning Project have specific legal authorities that are, as a minimum, r to be addressed during the planning process. State of Alaska Under the provisions of the Alaska Coastal Management Act (AS 46.40.190) and Executive Order 54, all state agencies are to make planning and permitting decisions in accordance with the regulations of the Alaska Coastal Management Program (6 AAC 80) Federal Agencies - The National Environmental Policy Act (NEPA) requires that "major federal actions significantly affecting the quality of the human environment" include analysis of environmental impact, alternatives, and other issues. 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 vietlands. The Corps of Engineers (COE) is to consult with the U. S. Environmental Protection Agency (EPA) I r" i • t 1 I 1 ' I 1 1 a - in its determinations and to apply the guidelines developed by the EPA In its decisions. ::p . 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 f agencies. Under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the COE administers the permit program for structures or work in or affecting navigable waters of the United States. Under procedures outlined in federal regulation (33 CFR 320), the COE makes determinations on permit applications. U. S. Environmental Protection Agency - Environmental Protection Agency's role under section 404 of the Clean Water Act is severalfold. First, EPA is responsible for developing the 404(b)(1) guidelines in conjunction with the Corps of Engineers. Second, EPA is authorized to apply the guidelines and to consult with the Corps on the outcome of their application. Third, EPA has the responsi- bility for approving and overseeing state 404 programs. Fourth, under either federal or state programs, the administrator may also prohibit the specification of any wetland area as disposal site for discharge of — - dredged of fill material. Finally, EPA has enforcement responsibilities - applicable to 404 activities under section 309 of the Clean Air Act. Application of the 404(b)(1) guidelines during the planning process can 1 { f i F J S fi _ .. .-vr .-. .a • - � .. i.. � Y.-viRr.r—,..a.��a..w.+rr - - - -. _.. .- .- E- expedite the 404 permit process, especially if the plan develops adequate information on which 404 decisions can later be based. In particular, �} if a wetlands management planning process and resultant plan evaluates t and identifies discharge sites for dredged or fill material, and the 404(b)(1) ". evaluative factors were applied then the 404 permitting process should ube able to defer to the management plan for evaluation of alternative disposal sites. -� Upon adoption of a wetlands management plan, there remains one aspect of the 404(b)(1) guidelines which will require a case -by -case review of y ,_ ro osed activities in the mana ement'area. Even though the P g planning P 9 process will identify areas where discharges of dredged or fill material : can occur while maintaining the balance between environmental protection and community development, the proponent of a wetlands development activity must demonstrate that the particular activity must be located € in wetlands or the water area in order to fulfill its basic purpose or that alternatives are not available. That is, just because the planning process identifies developable areas in wetlands, a case -by -case review will be necessary to determine if the proposed activity can be located ' on uplands rather than in wetlands. The purpose of this individual }:. reviews is to reserve the developable wetlands for those activities which cannot be located elsewhere. ' r� U. S. Fish and Wildlife Service - Under Section 404(m) of the Clean dater Act, the U. S. Fish and Wildlife Service (USFWS) is required to submit comments to the COE on proposed I i l r -- - swr-- ..� -.-•_.-�.+c- ..--.- � -- - _-—.v,.rlan">r..---�+.•w�.•e�.--'F=�._—_—' ___ 'If, projects requiring a 404 permit. Under the federal 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 . . . ." National Marine Fisheries Service Under the federal Fish and Wildlife Coordination Act, as supplemented by the federal Reorganization Plan #4 of 1970, the National Marine Fisheries Service (NMFS) is to be consulted by the COE on federal permit actions under the same terms as USFWS. NMFS has specific responsibility for living marine, estuarine, and anadromous resources. The Fisheries Conservation and Management Act of 1976 may also apply. Alaska Department of Environmental Conservation /"\ i �a Under Section 401 of the Clean Water Act, the Department of Environmental Conservation must certify that the discharge will not violate applicable provisions of the Clean t-later Act, state water quality standards, or other 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 z, 1 } � S 'a Y r t� plans necessary to achieve appropriate provision for wastewater discharge. Alaska Division of Policy Development and Planning - Under the federal Coastal Zone Management Act of 1972, as amended, Section 307, no federal license or permit may be granted for a project ;l 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 Natural Resources - L The Department of Hatural Resources has proprietary authority relating to I the State owned lands and resources within the City of Kenai, many of which are affected by wetlands regulations and plans. The following are relevant D?IR constitutional and statutory authorities. 1 ' Under Article 8, Section 2, of the Alaska Constitution, the Department of Natural Resources is empowered to manage the resources of the State, in the best interests of the people of the State. Under title 38 of the Alaska Statutes, the Department of Natural Resources is to provide for the maximum use of State lands while establishing a balance in land management for public and private purposes. r. i., f Alaska Aeaartment 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 convnents to the COE on the probable effects of proposed projects for which federal permits are required on wildlife. Under Title 16 of the Alaska Statutes, AOFG reviews and makes determinations on proposed activities affecting anadromous streams. Kenai Peninsula Borough r3 Under Title 29 of the Alaska Statutues, the r%enai,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 Conmission of the City of Kenai has been delegated the power to prepare zoning ordinances and comprehensive plans by the Kenai Peninsula Borough. Approval of ordinances and plans is by the Fc Borough. ATTACHMENT B PROPOSAL TO UNDERTAKE A WETLANDS HABITAT VALUE IDENTIFICATION PROJECT FOR THE CITY OF Y.ENAI SUBMITTED TO THE OFFICE OF COASTAL MANAGEMENT UNDER THE ALASKA COASTAL MANAGEMENT PROGR11M BY THE ALASKA DEPARTMENT OF FISH AND GAME 'go eoposa ! For further information contact: Lance Trasky Alaska Deparbnent of Fish and Game 333 Raspberry Road / I - Anchorage, Alaska 99502 7: i Phone: 344-0541 o � 1 .o I 7 777;j .. .1'�J4 ... ._a...ia <.a -a: .. . / _ .-.-- ..a � .s.-�-ica- / r- r•___--s -:.... �. ._._�+1��., __ � .-.-�.1'...sa�..•.. �_ — • _ .ram.. _ TABLE OF CONTENTS - Page 1.0 INTRODUCTION AND JUSTIFICATION ....................... 1 2.0 PURPOSE AND SCOPE OF STUDY ...................................... 3 3.0 OBJECTIVES...................................................... 3 ; 4.0 METHODS......................................................... 6 5.0 TIMING.......................................................... 13 - 6.0 COORDINATION.................................................... 13 - -- 7.0 BUDGET . ............................ .......... .....•............. 14 8.0 LITERATURE CITED ................................................ 14 -- U I t �r I o 1 I i u � 1 4 I i I i. 1.0 INTRODUCTION AND JUSTIFICATION C This is a proposal by the Department of Fish and Game to undertake a fwetlands habitat value identification project for the City of Kenai. ` One of the major coastal issues in Alaska today management is the n Bement of coastal wetlands. As development pressure on wetlands in the coastal zone continues to increase, the need for site -specific wetlands manage- ment policies becomes more imperative. Local government and private --- interests have a right to expect that wetlands management will occur in a predictable and consistent manner based on clearly established policies specific to their areas, just as State and Federal agencies have a need to knwv the relative resource values of specific wetlands before specific policies can be implemented. It is to this end that a wetlands habitat value identification project will be directed. v A long recognized value of wetlands is the production and/or maintenance of fish and wildlife. The most well known value of the Kenai River is its use by anadronous salmon as a spawning and nursery habitat. The river and adjacent wetlands are particularly important to young coho and newly emerged pink fry. Prevalent species in the Kenai River include Chinook, sockeye, coho, and pink salmon (Gardner and Nickles, 1979). Wetlands immediately adjacent to the lower Kenai River provide valuable habitat for many forms of wildlife as exemplified by the approximately 15,000 lesser snow geese that use the Kenai River Fiats during their -- spring migration to Wrangel Island, U.S.S.R. (Timm 1969, in Gardner and flickles, 1979). Although it is known that sandhill cranes and Canada -1- 1 1 1 - i 7 t geese use this area for breeding and rearing young, quantitative data has not been systenatically collected concerning their wetland habitat use. Moose are the principal terrestrial mammals occurring near the mouth of the Kenai River, with greatest utilization during the winter . months. Additional species present include black and brown bear, mink, river otter, wolverine, wolf, red fox, and caribou. Caribou were reintroduced at Watson Lake near Sterling in 1966. A key caribou calving and summer range is found in the wetlands directly north of the Kenai Airport. Since reintroduction, limited data have been obtained on the caribou that utilize this area. Wetlands habitat research to date has concentrated on the Kenai River and wetlands immediately adjacent to the river. Infonnation from this limited geographic area is not adequate to manage all the wetlands within the City on a permit by -permit basis. Resource values must be identified on an area wide basis and comprehensive management policies must be developed for specific sites within the area if the interests of both predictability and wetlands conservtion are to be served. Within this context the Department of Fish and Game proposes to undertake a wetlands habitat value identification project which will address the site -specific wetlands habitat values within the City of Kenai. Once these site -specific habitat values have been identified, wetlands can then be grouped into a classification systen based on their relative values and their sensitivity to developmental impacts. After the specific and relative values of these vaetland areas are identified, the M project will conclude with specific policy recommendations for each of , the wetlands classification, and where appropriate, for individual i wetlands. ~� -2- - /'�.'r ,fe'�-''s. _ y �✓: �-Srr�.'::.-•!�..✓••_ - !'<: :•l t-..;"••1yF.:.�Y -�er�r�.�-�,.vyl�,�,a;r;'^. a !1 ' I I - I J I T. r 1 `I 2.0 PURPOSE AND SCOPE OF STUDY The purpose of this studl is to identify the habitat resource values of the wetlands lying within the City of Kenai. Habitat resource values will be identified for specific wetlands within the City of Kenai using existing information, on -going USFUS Kenai River studies, and field observations undertaken during this study. Once habitat values have - I been identified for specific wetlands within the City of Kenai, these wetland areas can be categorized according to their relative value. The final step will be to provide management reconmendations for these ( j wetland areas. The study area will include all of the wetlands lying within the City of Kenai as identified on the National wetlands Inventory Baps. Because :- - �" wetland's functions do not recognize municipal boundaries, wetlands - � r which are contained only partially within the city boundaries will be s considered in their entirety. i 3.0 OBJECTIVES a i This proposed study has four main objectives. -' 3.1 To collect and synthesize existing wetlands habitat information. for the City of Kenai using all existing knowledgeable sources including agency personnel and local residents. ` -3- i i. i _ 1 I tiT MW .r) --- lri _ -.(a. .1s. rwt - - i /,:..�.�%r•.-i-. r- -- r::a./.tl(rc La /{ 3.1.1. 114ap and describe known mammal use of the wetlands 4 within the City of Kenai. Special attention will be paid to information regarding caribou and moose. Those wetland areas for which little is known about mammal usage will be identi- fied for further study. 9 O I! 3.1.2. Nap and describe known waterfowl and shorebird use of 1 i the wetlands within the City of Kenai. Special attention will ; be given to on -going USFVJS field studies in the area. Those - - wetland areas where little Is knarn about waterfowl and shorebird i 1 use will be identified for further study. 3.1.3. Nap and describe known fish use of the wetlands within the City of Kenai. Special attention will be paid to s I information regarding anadromous fish use of wetland habitats. �— Those wetland areas where little is known about fish use will f be identified for further study. 3.2 Conduct field observations in those wetlands areas identified under Objective 3.1 as requiring further habitat value research. 3 f � • � I 3.2.1. Identify ammmal use of those specific wetlands within the City of Kenai where adequate information is not already f� ` available. This information will be collected through seasonal i t field observations, including documentation of wintering s concentrations and spring calving areas. Determine caribou 4- f j I f i t _ I • and moose abundance and distribution within the City of Kenai. Determine seasonal movements of caribou and moose and identify calving and breeding areas. Determine wetland habitat utilization on a seasonal basis for caribou, moose, black bear, and small furbearers. 3.2.2. Identify wa terfaal/shorebird use of those specific wetlands within the City of Kenai where adequate information is not already available. This information will be collected through seasonal field observations, including documentation of fall and spring migration periods and spring/summer nesting. Determine what species are found in major wetlands habitats within the City of Kenai. Estimate the abundance of each species. Designate wetland habitats of major importance to birds on a seasonal basis. 3.2.3. Identify anadromous fish use of those specific wetlands within the City of Kenai where adequate information is not `J o already available. This information will be collected through seasonal field observations of rearing habitats. Identify, i and if possible, quantify fish usage (salmon, trout, grayling t.. of the wetlands habitats within the City of Kenai on a seasonal basis. Characterize wetland habitats used by fish. Designate wetlands habitats of importance to fish on a seasonal basis. f I 0 i I" I H I t I �r eV• eo I — —5- e � � I � i 1 i I 1 1 i 1 _ r. r.= -- � '. - - •;=r.-.»-- - - _ra- . ; �-r �-- ..,r sw..,.-.,.-» M _..,,..-._,_.,.,_.'..-y, � _ . _ _ _.:way 3.3 Identify the relative habitat values of the wetlands within the City of Kenai based upon information collected through eonpletion of Objectives 3.1 and 3.2 above and through on- going USFUS field investigations in the Kenai River corridor. 3.3.1. Establish a workable system of wetlands classification which will identify relative habitat values for the purposes of efficient, environmentally sound, wetlands management. 3.3.2. Classify the wetlands within the City of Kenai on the basis of their relative habitat values. The relative habitat values of the these wetlands will be determined on the basis of their importance to mammals, birds, and fish. 3.4 Provide management recommendations for the categories of wetlands identified in Objective 3.3. Where appropriate, specific recommendations will be provided for specific wetlands within the City of Kenai. The development of a COE general permit for specific uses and activities in specific wetland areas will be considered. 4.0 METHODS 4.1 tiammal s 4.1.1. Radio -collar tracking is ! -6- ., 'f ..��.rr...� .r'-- -� r�--- "'�•s�r :r' �: � ��.��.,f 4-fY.••w•..•r. �rr.s rY •r' •i. a - To identify seasonal distribution and wetland habitat utilization by caribou, ongoing telemetry studies will be supplemented by the addition of five radio collars to animals in the wetlands area. Herd size, distribution, wetlands use, sex and age composition, and changes over time will be assessed by seasonal relocation of radio collared animals. — i F i J.- �5 ' r J. 4.1.2. Aerial Surveys Surveys will be flown to determine sex and age composition and to determine seasonal movements and winter range delineation of caribou and moose. 4.1.2.1. Seasonal range, migration corridors, calving areas, and rutting areas will be identified. Wetlands vegetation types utilized by caribou and moose during different phases of the annual cycle will also be recorded. Caribou and moose will be classified into sex and age categories seasonally (winter, spring, summer, fall). Emphasis will be placed on sex and age classification during the post calving aggregation and rutting phase. 4.1.2.2. Seasonal movements, winter range delineation, and wetland habitat usage will be monitored by routine aerial surveys flown in a Piper Super Cub or Cessna 180. A spring photo census will be used to supplement monitoring _7_ �—w.....—Tefl+w".r"' 1. r. � - '-^ ., • 51. �—w.....—Tefl+w".r"' 1. r. � - '-^ ., • 51. 1 • it ,' ;_. _ "...,;..........« .: ... ,..,._ .._._ ..., ..� .,.-- _.,., . , ..• -. - --�:w....::..-ram„s —. - 1 surveys. Ground counts will be used when caribou are in 1 accessable locations. A 15X-60X spotting scope will be r'^ used to improve ground classifications. 4.1.2.3. Fall aerial moose composition surveys will be conducted using a Piper Super Cub to determine population status and trend and to indicate wetlands habitat use. 4.1.2.4. Observations on black bear and small furbearers will be recorded. j 4.1.2.5. Total caribou and moose herd size will be I ti estimated from the results of sex and age composition „r aerial surveys. 4.2 Bi rds I 4.2.1. Aerial Surveys Surveys will be flown to locate critical areas and provide seasonal use data on these areas and to estimate abundance. 4.2.1.1. Surveys will be flown twice during the fall migration period, once during the winter period and twice during the spring migration period. Transect lines will follow east -west survey area section lines. Surveys will be conducted in a Cessna 185 at 100' elevation, and at a 1 i i U � A:4 groundspeed of 90 mph. Two observers, each covering 1/8 mile viewing area, will participate. Species composition and abundance will be recorded by location. 4 2 2 Site-s ecific Aerial Surve s . . . p Y Surveys will be flown to determine abundance in previously determined high use habitat, i.e., snow geese staging area, and to plan logistics for ground surveys. Species composition and abundance data will be recorded by location. 4.2.3. Ground Transects Ground transects will be established to obtain estimates of abundance of the species occuring in habitats surveyed. 4.2.3.1. Survey areas will be established utilizing existing one square mile sections on the USGS Kenai Quad map. 4.2.3.2. Within each section, three, one mile long transects oriented in a north to south direction will be randomly established. 4.2.3.3. Individual transects will be censused at least once during the fall and spring migration periods. b { -9- r t 4.2.3.4. Line transects will be defined by markers and walked by two observers. Observations will be made on species, abundance, and distance of observation from transect line. Behavior will also be noted. This method uses the lateral distribution pattern of all detection points for each species to derive coefficients of detestability with which ground transect counts can be converted directly to density values in terms of birds/area. g 1 4.3.1. Wetland Stratification 4.3.1.1. Using aerial photographs, maps, and field reconnaissance, identify and quantify the following types of habitat in the study area: 4.3.1.1.1. Discernable free flowing stream drainage including Beaver Creek, various small streams draining wetlands, and tributaries of the Kenai River and Beaver Creek (highest possibility of fish usage). 4.3.1.1.2. Wetlands with standing water and direct connections with streams known, or likely to support anadromous fish (moderate probability of fish usage). 4.3.1.1.3. Wetlands located in flood plains of anadrom.ous streams (low probability of fish usage). -10- 4 - - ' 1 �._' U 4.3.1.1.4. Wetlands with sufficient standing water to support fish, but (a) not in flood plains, and (b) no direct connection with anadronous streams (unlikely fish usage). 4.3.1.1.5. Wetlands without standing water (no likelihood of fish usage). 4.3.1.2. Prepare a 40 acre sampling grid for each type of wetlands in study area. 4.3.2. Sampling Plan 4.3.2.1. Streams -_ Sample all streams and tributaries from headwaters to mouth. 4.3.2.1.1. Sampling period summer June 1 - freezeup (Every 4 mile or less) electrofish 100 yards of - '-i` each stream. Record number of fish captured per/shocking minute. -s Set 1/8" McGee minnow traps baited with salmon 4. eggs, check every two days. Record number of fish captured per trap hour. -11- � • . •... .. . I � .: .. � . r •.ate :. 'C . ,J .. .�:�•��5«: t. ..T+! . _ .• ... I. ,, _ .: -... `-:Lti.Y,i'+ivf.J: s:•-.... � .�rir:rt r.-c !�w•.i..:••.+�.... . ..>. .... ,r...w:- -..:•• .'y`� .•. • :.. ., + �..+c rv:.=•.r -.>-+aary .<.; .....�.,y..,.-.-.., ram•. 1( r Ij' .�-- — Y `_W — TA y 'v�r `'>tr..if:(G:l�:::.r.;"a-,..r.. , iur+3a.v'',ly� ` ! '! / ti •,,,,>; ..,.�.F ......:......:a'.=: ,r ., , ! - ! l� - •i T' I %r•, 4.3.2.1.2. Fall outmigration October -November - ��, sanpl a stream mouths using el ectro shocker, seines and trapss to determine presence or absence of fish in system. Serves as check on summer sampling. 4.3.2.2. Wetlands Begin subsample of tiretlands with direct stream connection 1 (Type 1 T and standing water along stream. Sample twice ) lannually, once during high water period (shortly after I breakup), and a second time betoteen June 1 and freezeup. P 4.3.2.2.1. Randomly select and mark a one acre subsample of each 40 acre sampling plot of wetlands. - v Visually determine if sufficient water is available s.. for fish use. { 4.3.2.2.2. Electro shock 1 acre of wetland habitat j 40 acre sampling location or portion thereof. 1r per IRecord number, species, etc., of fish captured per 1 shocking minute. Take samples for age, length, and weight analysis. .` .' 4.3.2.2.3. Set five minnow traps baited with salmon sampling location. Check after tt+ro days. f eggs per Record number and species captured per trap hour. - -12- j i ,J 0 4.3.2.2.4. Record wetlands type, take pictures and samples of vegetation for later identification. Record water depth, temperature, dissolved oxygen level, pH, conductivity, and air temperature. 5.0 TIMING The proposed wetlands habitat value identification project for the City of Kenai will be conducted over a fourteen month period beginning in 1980 and ending 1981. Starting date is dependent upon receipt of funds. Collection of available wetlands habitat value information will canmence immediately. Periodic field observations will begin as scheduled and continue through the field season. Classification of relative wetlands values and development of management recanmendations for these wetlands will occur after field observations have concluded. 6.0 COORDINATION A vital aspect of this study will be a close working relationship between the Department of Fish and Game, the U.S. Fish and Wildlife Service, Army Corps of Engineers, National Marine Fisheries Service, other concerned State and Federal resource agencies, and the City of Kenai. Integration of the results of U.S. Fish and Wildlife Service vegetation and nesting bird surveys will be assured. Because the ultimate purpose in undertaking this wetland habitat value identification project is the successful development and application of a wetlands management plan for the City -13- .. � _ ` .. .. ... �:. '. •.::•:+� :sue 1.,,..>:.i�t: .:.'..,'..: .�_r4+F:�.wltKS:R"'�: 41::.i�"�ui�tf � �J ,t A — � L i J • Redfearn, 0. 1979. Memorandum on proposed Kenai River Flats A;1SA. U.S. Fish and Wildlife Service, Refuge Operations Supervisor, Anchorage, Alaska. 2 pp. Timm, D.E. 1979. Memorandum on snow geese on Kenai River delta. Alaska Department of Fish and Gave, Game Division, Anchorage, Alaska. ' 4 1 1 I I r I �I L -15- t C.is"r-�"„y't-'s:.'•:�.,:ri'.»!�.'✓a�.cF,jt:�.%!�%"��a�aC2�a�:�l.•�= i�%n1 ..- - .. 'i-.•..•.�►.M: ;:'��zi�a.:.: ,;; �a�•�i.•.=•. ter':•;.• • � _ •�i. . - o=t�,ee.+ler�eg►ssc*.--v.s- -- - - ...:�s�s.+ti^_-sue-_ �. _� __� - - -_,. �_ - - — �--�_-�._ - _ � l I o ' ,4 0. • f , i r ATTACHMENT C United States Department of the Interior � r'M '•FISII AND WILDL11T SERVIC1. IN REPLY REFER To: Western Alaska Ecological Services 0 733 W. 4th Avenue, Suite 101 Anchorage, Alaska 99501 Murray Walsh, Coordinator (907) 271-4575 OCT 180 Office of Coastal Management Pouch AP Juneau, Alaska 99811 Re: Kenai Wetlands Project Dear Mr. Walsh: Attached is an outline of the work which the U.S. Fish and Wildlife Service (FtJS) will fund and conduct in the Kenai area relevant to the Kenai Wetlands Project. This will be a continuation of work which we began this year. Our study will compliment but not overlap the Alaska Department of Fish and Game study proposal. Our work in 1981 will con- centrate on habitat studies throughout the Kenai River Corridor. Water - bird density and distribution studies -will be done in the corridor outside the Kenai city limits. Our field studies within the Kenai city limits will be completed by December 1981. Wetlands in the Kenai area have been mapped by our National Wetlands Inventory Project. The map products are mylar overlays for the U.S. Geological Survey's (USGS) 1:63,360 maps. Our maps are preliminary and subject to change. The maps do not indicate the regulatory jurisdiction exercised by the Corps of Engineers nor do they attempt to establish wetland values. Additionally, the FUS is conducting an anadromous fish study of the mainstem Kenai River, including portions of the larger tributaries. This study will more precisely determine salmon spawning and rearing habitat. As part of this project, we funded a USGS hydrologic study which is nearing completion. Field work for the fisheries investigation will be completed in 1981. Results of this study will complement the fisheries work proposed by the Alaska Department of Fish and Game in tributaries to the Kenai River and in wetlands. Attachment cc: AGES, WAES ADP&G - Clausen NMFS - hemming CE - Boardman EPA - Lawrence ADEC - Fowler ADNR - Wilson, Alleley Sincerely, Field Supervisor r� OCT 1060 S."i V I. i T 1•itic: Waterhird (ftilizaLlon of Wril:mrt:; 011 the Kenai Peninnul.a, 1981 Outlitic: 1. Introduction The corridor bf private laud surrounding; the F.enni sliver and extend- s ing from the river mouth to its outlet at Skilak Lake (see Fig. 1) is i threatened by residential and recreational development. The U.S. Fish and wildlife Service is responsible for revicuing section 404 --"^ permit requests for developments affecting wetlands. in this corridor. Data on wetland types and waterbird utilization necessary for adequate decisions on permit requests are lacking. 11. Objectives A. Analyze data collected during the 1980 field season and collate information from other studies on wetland types and bird utili- zation of the Kenai Peninsula. B. From data collected in 1980, wetlands will be classified to dominant vegetation types and delineated within the study corri- dor by refining rational Wetland Inventory maps. _ C. Representatives of each wetland type will be surveyed for bird utilization during spring, suc...ier and fall. The degree of i sauupling for each wetland typ. ,.III be determined by the percent area of each type in the corridor. iD. Food and habitat needs of migrating; snow, Canada and white- fronted geese will be determined an the Kenai flats during j - April, 1981 ILI. Specific Research Proposed , A. A 1980 field season report will be prepared presenting results of the L'SFG'5 Kenai wetlands of1ort and incorporating results of other wildlife and wetland studies on the Kenai peninsula. a ;o- �r. I f Y� i I1. tJe•tland typ.•a will bee (1ctENI Inrd fl"nisi clat•:t re,llocted durtul., the 1980 field season, National WeLl.ruui Inventory teal,:; will be used to identify wetland areas to subelas:> level, then refined with 1980 duta. Additionally, previously developed wetland selsurses for the Kenai wetlands will be incorporated in a description of wetland types with clearer biological implications. Wetland types within the study corridor will be mapped and per cent area for each type determined using 1975-1976 true -color, low-level, aerial photography. C. Beginning in April of 1981, selected wetlands will be surveyed to determine waterbird utilization during spring, summer and fall. Survey techniques will vary with wetland types. Lakes and ponds will be surveyed from the shoreline by boat. Marshes and bogs will be surveyed on foot using plots of one -eighth _ mile2. Aerial surveys will be conducted ! Y periodically. Observa- tions of other wildlife species, particularly large mammals and forbearers, will be recorded. D. Meekly counts of migrating snow, Canada, and white -fronted geese on the Kenai flats will be conducted by state and federal person- nel during April. Locations of feeding geese will be recorded i tmd utilization of different h.thlt:st typt•a will. be cleterwincd from direct observation and dropping plots. Food species will be determined from direct observation, analysis of goose droppings, 0 and tite establishment of exclosures to prevent grazing. o" r � � { ;t r ATTACHMENT B PROPOSAL TO UNDERTAKE A ' WETLANDS HABITAT VALUE IDENTIFICATION PROJECT FOR THE CITY OF KENAI I SUBMITTED TO THE OFFICE OF COASTAL MANAGEMENT _ j UNDER THE ALASKA COASTAL MANAGEMENT PROGRA14 BY THE ALASKA DEPARTMENT OF FISH AND GAME �1 ( Sc $� ��SAt •� For further information contact: —4- Lance Trasky - - Alaska Department of Fish and Game 333 Raspberry Road , Anchorage, Alaska 99502 _. Phone: 344-0541 1 ,L TABLE OF CONTENTS w ?i Me 1.0 INTRODUCTION AND JUSTIFICATION .................................. 1 2.0 PURPOSE AND SCOPE OF STUDY ...........•.• ........................ 3 3.0 OBJECTIVES 3 ...................................................... 4.0 METHODS......................................................... 6 S.0 TIMING.......................................................... 13 6.0 COORDINATION•••.............•••.••.•••••.••.•.•...•............. 13 7.0 BUDGET ... .......... ....•.......•..••.•...•••.•...•.•••...•..•... 14 8.0 LITERATURE CITED ............•......•..•..••..••..•...•.....•.... 14 n n fj ,, J• M i] 1.0 INTRODUCTION AND JUSTIFICATION This is a proposal by the Department of Fish and Game to undertake a wetlands habitat value identification project for the City of Kenai. One of the major coastal issues in Alaska today is the management of coastal wetlands. As development pressure on wetlands in the coastal zone continues to increase, the need for site -specific wetlands manage- ment policies becomes more imperative. Local government and private interests have a right to expect that wetlands management will occur in a predictable and consistent manner based on clearly established policies specific to their areas, just as State and Federal agencies have a need to know the relative resource values of specific wetlands before specific policies can be implemented. It is to this end that a wetlands habitat value identification project will be directed. A long recognized value of wetlands is the production and/or maintenance of fish and wildlife. The most well known value of the Kenai River is its use by anadromous salmon as a spawning and nursery habitat. The river and adjacent wetlands are particularly important to young coho and newly emerged pink fry. Prevalent species in the Kenai River include Chinook, sockeye, coho, and pink salmon (Gardner and Nickles, 1979). Wetlands immediately adjacent to the lower Kenai River provide valuable habitat for many forms of wildlife as exemplified by the approximately 15,000 lesser snow geese that use the Kenai River Flats during their spring migration to Wrangel Island, U.S.S.R. (Timm 1969, in Gardner and Nickles, 1979). Although it is known that sandhill cranes and Canada -1- r, I.. .ter-----�+•- — �r geese use this area for breeding and rearing young, quantitative data has not been systematically collected concerning their wetland habitat use. Moose are the principal terrestrial mammals occurring near the mouth of the Kenai River, with greatest utilization during the winter i months. Additional species present include black and brown bear, mink, river otter, wolverine, wolf, red fox, and caribou. Caribou were reintroduced I at Watson Lake near Sterling in 1966. A key caribou calving and summer range is found in the wetlands directly north of the Kenai Airport. Since reintroduction, limited data have been obtained on the caribou that utilize this area. Wetlands habitat research to date has concentrated on the Kenai River and wetlands immediately adjacent to the river. Information from this limited geographic area is not adequate to manage all the wetlands within the City on a permit -by -permit basis. Resource values must be identified on an area wide basis and comprehensive management policies must be developed for specific sites within the area if the i I interests of both predictability and wetlands conservtion are to be i served. Within this context the Department of Fish and Game proposes to undertake a wetlands habitat value identification project which will address the site -specific wetlands habitat values within the City of Kenai. Once these site -specific habitat values have been identified, wetlands can then be grouped into a classification system based on their relative values and their sensitivity to developmental impacts. After the specific and relative values of these wetland areas are identified, the project will conclude with specific policy recommendations for each of the wetlands classification, and where appropriate, for individual wetlands. I -2- + ill: L� .. ar"`�'_.Y� �,R.�,y,.; r..• •.. � »-A.rvw.•.rs�.•r.'erlry..s +aa-..•,• ,. - •� -- - .r +�K'-•�.- �,2 •��' - - "'Yl��_.'ti •.•�I War.:1. r F..' 2.0 PURPOSE AND SCOPE OF STUDY The purpose of this study is to identify the habitat resource values of the wetlands lying within the City of Kenai. Habitat resource values will be identified for specific wetlands within the City of Kenai using existing information, on -going USFWS Kenai River studies, and field observations undertaken during this study. Once habitat values have been identified for specific wetlands within the City of Kenai, these wetland areas can be categorized according to their relative value. The final step will be to provide management reconmendations for these wetland areas. The study area will include all of the wetlands lying within the City of Kenai as identified on the National Wetlands Inventory Maps. Because - wetland's functions do not recognize municipal boundaries, wetlands which are contained only partially within the city boundaries will be considered in their entirety. 3.0 03JECTIVES This proposed study has four main objectives. i 3.1 To collect and synthesize existing wetlands habitat information. for the City of Kenai using all existing knowledgeable sources i including agency personnel and local residents. V -3— aM'�"." - • � .w.;.T.O/f�C?17ss��-'•+' �l.J► _ �:�w►.: �►-��.w.r �.�-�'-r:..w�..� �. w. .. ... } i� 1' ` S i- �b 1 �r R � i t s s • _ J7 J 3.1.1. trap and describe knain mammal use of the wetlands within the City of Kenai. Special attention will be paid to information regarding caribou and moose. Those wetland areas ,. for which little is known about mammal usage will be Identi- fied for further study, 3.1.2. Hap and describe known waterfowl and shorebird use of the wetlands within the City of Kenai. Special attention will ,a be given to on -going USRJS field studies in the area. Those -� - wetland areas where little is known about waterfowl and shorebird use will be identified for further study. . " 3.1.3. Hap and describe known fish use of the wetlands ' within the City of Kenai. Special attention will be paid to information regarding anadromous fish use of wetland habitats. Those wretland areas where little is known about fish use will be identified for further study. 3.2 Conduct field observations in those wetlands areas identified , :1 - { under Objective 3.1 as requiring further habitat value research. .r. j;. 3.2.1. Identify mammal use of those specific wetlands within the City of' Kenai where adequate information is not already available. This information will be collected through seasonal field observations, including documentation of wintering concentrations and spring calving areas. Determine caribou -4- and moose abundance and distribution within the City of Kenai. Determine seasonal movements of caribou and moose and identify calving and breeding areas. Determine wetland habitat utilization on a seasonal basis for caribou, moose, black bear, and small furbea rers. 3.2.2. Identify waterfowl/shorebird use of those specific wetlands within the City of Kenai where adequate information is not already available. This information will be collected through seasonal field observations, including documentation of fall and spring migration periods and spring/summer nesting. Determine what species are found in major wetlands habitats within the City of Kenai. Estimate the abundance of each species. Designate wetland habitats of major importance to birds on a seasonal basis. 3.2.3. Identify anadronous fish use of those specific wetlands within the City of Kenai where adequate information is not already available. This information will be collected through seasonal field observations of rearing habitats. Identify, and if possible, quantify fish usage (salmon, trout, grayling) of the wetlands habitats within the City of Kenai on a seasonal basis. Characterize wetland habitats used by fish. Designate wetlands habitats of importance to fish on a seasonal basis. -5- 9� PY ' r E A ,r. - .....-.-•--•--.....-- .�— �.,..- --� : - . -� .�. ter. -,-_.r-sdv--rr-:-��.-.....- - _ —..... 3.3 Identify the relative habitat values of the vretlands within the City of Kenai based upon infornfation collected through cunpletion of Dbjectives 3.1 and 3.2 above and through on- going USFUS field investigations in the Kenai River corridor. 3.3.1. Establish a workable system of wetlands classification which will identify relative habitat values for the purposes - I of efficient, envirornentally sound, wetlands management. 3.3.2. Classify the vretlands within the City of Kenai on the basis of their relative habitat values. The relative habitat values of the these wetlands will be determined on the basis of their importance to mammals, birds, and fish. _ 3.4 Provide management recommendations for the categories of wetlands identified in Objective 3.3. Where appropriate, j specific recommendations will be provided for specific wetlands within the City of Kenai. The development of a COE general emit for s ecific uses and activities in s ecific w tl nd p p p e a areas will be considered. 4.0 MEMODS 4.1 flammal s 4.1.1. Radio -collar tracking - -6- i . 1 . f ' t 0 - •YK� t � tea_.' /.{� To identify seasonal distribution and wetland habitat utilization by caribou, ongoing telemetry studies will be supplemented by the addition of five radio collars to animals in the wetlands area. Herd size, distribution, wetlands use, sex and age composition, and changes over time will be assessed by seasonal ` relocation of radio collared animals. 4.1.2. Aerial Surveys Surveys will be flown to determine sex and age composition and to determine seasonal movements and winter range delineation of caribou and moose. 4.1.2.1. Seasonal range, migration corridors, calving areas, and rutting areas will be identified. Wetlands vegetation types utilized by caribou and moose during different phases of the annual cycle will also be recorded. Caribou and moose will be classified into sex and age categories seasonally (winter, spring, summer, fall). Emphasis will be placed on sex and age classification during the post calving aggregation and rutting phase. 4.1.2.2. Seasonal movements, winter range delineation, and wetland habitat usage will be monitored by routine aerial surveys flown in a Piper Super Cub or Cessna 180, A spring photo census will be used to supplement monitoring 7_ t � l ' I r r -11 jjI surveys. Ground counts will be used when caribou are in - accessable locations. A 15X60X spotting scope will be used to improve ground classifications. 4.1.2.3. Fall aerial moose composition surveys will be conducted using a Piper Super Cub to determine population status and trend and to indicate wetlands habitat use. 4.1.2.4. Observations on black bear and small furbearers wil I be recorded. 4.1.2.5. Total caribou and moose herd size will be estimated from the results of sex and age composition of aerial surveys. 4.2 Birds 4.2.1. Aerial Surveys Surveys will be flown to locate critical areas and provide seasonal use data on these areas and to estimate abundance. 4.2.1.1. Surveys will be flown twice during the fall migration period, once during the winter period and twice during the spring migration period. Transect lines will lines. Surveys will follow east -west survey area section be conducted in a Cessna 185 at 100' elevation, and at a groundspeed of 90 mph. Two observers, each covering 1/8 r� mile viewing area, will participate. Species composition and abundance will be recorded by location. i 4.2.2. Site -specific Aerial Surveys I f Surveys will be flown to determine abundance in previously determined high use habitat, i.e., snow geese staging area, and to plan logistics for ground surveys. Species canposition and abundance data will be recorded by location. 4.2.3. Ground Transects Ground transects will be established to obtain estimates of abundance of the species occuring in habitats surveyed. 4.2.3.1. Survey areas will be established utilizing Y 9 existing one square mile sections on the USGS Kenai Quad map. 4.2.3.2. Within each section, three, one mile long ?' transects oriented in a north to south direction will be ij randomly established. 4.2.3.3. Individual transects will be censused at least F -- once during the fall and spring migration periods. -9- I i 4.2.3.4. Line transacts will be defined by markers and walked by two observers. Observations will be made on species, abundance, and distance of observation from transect line. Behavior will also be noted. This method uses the lateral distribution pattern of all detection points for each species to derive coefficients of detectability with which ground transect counts can be converted directly to density values in terms of birds/area. 4.3.1. 4Jetland Stratification 4.3.1.1. Using aerial photographs, maps, and field reconnaissance, identify and quantify the following types of habitat in the study area:, 4.3.1.1.1. Discernable free flowing stream drainage 1 including Beaver Creek, various small streams draining wetlands, and tributaries of the Kenai River and Beaver Creek (highest possibility of fish usage). 4.3.1.1.2. Wetlands with standing water and direct connections with streams known, or likely to support anadronous fish (moderate probability of fish usage). 4.3.1.1.3. Wetlands located in flood plains of anadroaous streams (low probability of fish usage). -10- U �c o 17 4.3.1.1.4. wetlands with sufficient standing water to support fish, but (a) not in flood plains, and -- �� (b) no direct connection with anadranous streams _ i (unlikely fish usage). 4.3.1.1.5. Wetlands without standing water (no likelihood of fish usage). --_.- 4.3.1.2. Prepare a 40 acre sampling grid for each type of wetlands in study area. 4.3.2. Sampling Plan _ 4.3.2.1. Streams -- �' Sample all streams and tributaries from headwaters to mouth. - 4.3.2.1.1. Sampling period summer June 1 - freezeup j (Every 14- mile or less) electrofish 100 yards of each stream. Record number of fish captured per/shocking minute. Set 1/8" McGee minnow traps baited with salmon ,'• eggs, check every two days. Record number of fish captured per trap hour. - f ---1 � -11- - -y. .� :} �: � • - ':4;4tict1'ri'y: .. .y . :dr.•--..-•..'1.c �.L-•ltiv.+.::<... :ri.:.:5>" �'f+ah'...rfs+:+,'r ''.Xfi"� tis.�S!-7ri>c-l.i+fiCiTI"�^C�>i'�'i - � 1 o a, - 1 1 4.3.2.1.2. Fall outmigration - October-Hovember - sample stream mouths using electro shocker, seines and traps to determine presence or absence of fish in system. Serves as check on summer sampling. 4.3.2.2. Wetlands Begin subsample of wetlands with direct stream connection (Type 1) and standing water along stream. Sample twice annually, once during high water period (shortly after breakup), and a second time bebjeen June 1 and freezeup. 4.3.2.2.1. Randomly select and mark a one acre subsample of each 40 acre sampling plot of wetlands. Visually determine if sufficient water is available for fish use. 4.3.2.2.2. Electro shock 1 acre of wetland habitat per 40 acre sampling location or portion thereof. Record number, species, etc., of fish captured per shocking minute. Take samples for age, length, and weight analysis. 4.3.2.2.3. Set five minnag traps baited with salmon eggs per sampling location. Check after two days. Record nwnber and species captured per trap hour. -12- '-�I 4.3.2.2.4. Record wetlands type, take pictures and samples of vegetation for later identification. Record dater depth, temperature, dissolved oxygen level, pH, conductivity, and air temperature. 5.0 TIMING The proposed wetlands habitat value identification project for the City of Kenai will be conducted over a fourteen month period beginning in 1980 and ending 1981. Starting date is dependent upon receipt of funds. Collection of available wetlands habitat value information will commence immediately. Periodic field observations will begin as scheduled and continue through the field season. Classification of relative wetlands values and development of management recommendations for these wetlands 0 will occur after field observations have concluded. 6.0 COORDINATION A vital aspect of this study will be a close working relationship between the Department of Fish and Game, the U.S. Fish and Wildlife Service, Army Corps of Engineers, flational Marine Fisheries Service, other concerned State and Federal resource agencies, and the City of Kenai. Integration of the results of U.S. Fish and Wildlife Service vegetation and nesting bird surveys will be assured. Because the ultimate purpose in undertaking this wetland habitat value identification project is the successful development and application of a wetlands management plan for the City -13- r 1t1I[ .. � . - _ � � .. .. •.•.+✓ <.. �,� � � a.....:� -. •.:: y�.+. ' •/C:rQ'l,%JJfrlln.ri: • . si1.�nr"X<s�r f f of Kenai, communication amongst resource agencies and the City of Kenai j will continue to be one of the Department's priority concerns throughout the duration of this project. i j Also critical to the success of the project will be the availability of f hydrological information on the wetlands within the City of Kenai. i Hydrologic values as well as habitat values must be identified before management recommendations can be formulated. It is hoped that any i- - hydrological studies deemed necessary can also be conducted simultaneously f- to facilitate the development of a wetland's management plan for the City of Kenai. i I I 4 7.0 BUDGET I The project budget is presented in a series of ten tables. A figure 1 showing anticipated project mileposts is attached. l j s 8.0 LITERATURE CITED i ,i '- Alaska Department of Fish and Gave (ADF&G). 1974. Alaska's wildlife E +I I and habitat. Funded by Federal Aid in Wildlife Restoration Funds, 144 pp. Gardner L. and J. Nickles. 1979. Kenai River Flats - A proposal for designation as an area meriting special attention. A report to the Alaska Office of Coastal Management and Kenai Peninsula T Borough. 69 pp. d yam- 74 Redfcarn, D. 1979. Memorandum on proposed Kenai River Flats X4SA. U.S. Fish and Wildlife Service, Refuge Operations Supervisor, Anchorage, Alaska. 2 pp. Timm, D.E. 1979. Memorandum on snow geese on Kenai River delta. Alaska Department of Fish and Game, Game Division, Anchorage, Alaska. s, -15- q •<rKrY. �✓_I.`K+ir/ - .-. -f=' �/•�i�.✓=.2ir�!'tif..��r t�+C �•i"�J.:-� a!•".:,:'= i:�:.r.` '.: :,�•,vNt'! .•,.�►�.ri,:'�.•'C7' Y _ _ ' :.,C� � •`.r . , - - i i t S "_o 2 ATTACHMENT C 7 United States Department of the Interior �-M PISII AND WILDIJIT SERVICE IN REPLY REFER TO: Western Alaska Ecological Services 733 W. 4th Avenue, Suite 101 Anchorage, Alaska 99501 Murray Walsh, Coordinator (907) 271-4575 It) OCT Office of Coastal Management Pouch AP Juneau, Alaska 99811 Re: Kenai Wetlands Project Dear Mr. Walsh: Attached is an outline of the work which the U.S. Fish and Wildlife Service (FWS) will fund and conduct in the Kenai area relevant to the Kenai Wetlands Project. This will be a continuation of work which we began this year. Our study will compliment but not overlap the Alaska Department of Fish and Game study proposal. Our work in 1981 will con- centrate on habitat studies throughout the Kenai River Corridor. Water - bird density and distribution studies will be done in the corridor outside the Kenai city limits. Our field studies within the Kenai city limits will be completed by December 1981. Wetlands in the Kenai area have been mapped by our National Wetlands Inventory Project. The map products are mylar overlays for the U.S. Geological Survey's (USGS) 1:63,360 maps. Our maps are preliminary and subject to change. The maps do not indicate the regulatory jurisdiction exercised by the Corps of Engineers nor do they attempt to establish wetland values. Additionally, the FWS is conducting an anadromous fish study of the mainstem Kenai River, including portions of the larger tributaries. This study will more precisely determine salmon spawning and rearing habitat. As part of this project, we funded a USGS hydrologic study which is nearing completion. Field work for the fisheries investigation will be completed in 1981. Results of this study will complement the fisheries work proposed by the Alaska Department of Fish and Game in tributaries to the Kenai River and in wetlands. Sincerely, �- Field Supervisor r Attachment;t'�.` cc: ROES, WAES ADF&G - Clausen OCT 2 ; 1080 WIFS - Hemming CE - Boardman C ,� EPA - Lawrence V. 111L ADEC - Fowler ADSR - Wilson, Alleley ., . -T IV _ _w.Lr _ _ ^f • --_ - - ._.�..hJ,�. _ .moo-'.r_.�o�:-rsw.wWr•..+ _ __ _ ...L....•p� � a TIt1.: WaLvrbfrd Utilizatlon of lictlandr: &)it the Ki-nal Peninsula, 19111 f ' Outline: I. Introduction The corridof W private land surrounding the Kenai River and extend- r ing from the river mouth to its outlet at Skilak Lake (see Fig. 1) is threatened by residential and recreational development. The U.S. Fish and Wildlife Service is responsible for reviewing section 404 permit requests for developments affecting wetlands in this corridor. Data on wetland types and waterbird utilization necessary for adequate 1 decisions on permit requests are lacking. =• II. Objectives - A. Analyze data collected during the 1980 field season and collate J 1 information from other studies an wetland types and bird utili- zation of the Kenai Peninsula.. B. From data collected in 1980, wetlands will be classified to dominant vegetation types and delineated within the study corri- dor by refining National Wetland inventory maps. J 1 i C. Representatives of each wetland type will be surveyed for bird utilization during spring, surncr and fall. The degree of sanspling for each wetland tylty will be determlited lby thu percent � area of each type in the corridor. i D. Food and habitat needs of migrating snow, Canada and white - fronted geese will be determined an the Kenai flats during April, 1981 III. Specific Research Proposed A. A 1980 field season report will be prepared presenting; results of the L'SFWS Kenai wetlands effort and Incorporating results of other wildlife and wetland studies on the Kenai Peninsula. j f I 1 i li. WetIand typen will arc determined frr+nr data rolleeted during the 1980 field season. National Well, Inventory maps will be used i - r to identify wetland areas to subelas:r level, then refined with 1980 data. Additionally, previously developed wetland schemes i for the Kenai wetlands will be incorporated in a description of wetland types with clearer biological implications. Wetland j types within the study corridor will be mapped and per cent area " 7 i for each type determined using 1975-1976 true -color, low-level, q i aerial photography. C. Beginning in April of 1981, selected wetlands will be surveyed to determine waterbird utilization during spring, summer and fall. Survey techniques will vary with wetland types. Lakes and ponds will be surveyed from the shoreline by boat. Marshes and bogs will be surveyed on foot using plots of one -eighth -- `� mile2. Aerial surveys will he conducted periodically. Observa- tions of other wildlife species, particularly large mammals and furbearers, will be recorded. D. Weekly counts of migrating snow, Canada, and white -fronted geese on the Kenai flats will be conducted by state and federal person- nel during April. Locations of feeding geese will be recorded and utilization of dliferent hnbttat typed will be dcterwtued s, f' from direct observation and dropping plots. Food species will be determined from direct observation, analysis of goose droppings, and the establishment of exclosures to prevent grazing. f p _ 5 t 4 'f 1 I T-- ., �`a:zs,`�+-._•�o.��..i.rra�..r+vr -.. _;�`-�+w'r;-�,--_- ,.--.-. .. _ :.i-r --- - - I - - ��-.s-�....:�.-�-�i.,}`r{, Date: — TO: 457-1 Our Project No. 6,ry OG IF MATERIAL RECEIVED IS NOT AS LISTED, T PLEASE NOTIFY US AT ONCE Attn: Re: re&r WE ARE SENDING YOU eTTACHED O UNDER SEPARATE COVER VIA O SHOP DRAWINGS O TRACINGS 13 PRINTS O CATALOGS WIDOCUMENTS O COPY OF LETTER p SPECIFICATIONS O COPIES DATE ITEM � IZ 2 a CH2N► �it,t, KE,v ��n a b�- RECEIVED DEC 21 1960 tY LF�!!AL OLK. CP IIRNAI REMARKS r MWIFAr -mc, ane dslem % Ri 4we l a n K -_�- �i�n � �ihuir►elal 1 �r Q, �i� �,ee � , lbD, h IE i -� ✓ r C Q � T- i COPY TO FORM 6 p REV 3n7 SCdlt�t3 i 1• ,1 r r -j F II 'r. ,+ 7- 4- 7L AGREEMENT TO FURNISH ENGINEERING SERVICES TO THE CITY OF KENAI FOR THE KENAI HARBOR STUDY AND DESIGN For the consideration hereinafter set forth, the firm of CH2M HILL NORTH- WEST, IN.C., a professional engineering corporation, hereinafter referred to as the ENGINEER, agrees to provide engineering services to the City of Kenai, Alaska, hereinafter referred to as the OWNER, for a PROJECT generally described as study and design of a small boat harbor, dry harbor, and related facilities, and bluff erosion study as more particularly described in a Preliminary Feasibility Study dated April 1980 and CH2M HILL proposal dated September 22, 1980. ARTICLE 1• The ENGINEER agrees to provide all required engineering and related services to complete the OWNER'S PROJECT. These services shall include those indicated in Scope of Services. A. SITE SELECTION STUDY 1. Evaluate maximum of three sites recommended by the OWNER, recommend selection, and provide conceptual layout of the harbor facilities. 2. Provide budget level cost estimates of proposed facilities. 3. Meet with representatives of the OWNER when requested and necessary for consultation, conferences, or workshops in regard to the site selection (maximum of six man visits. B. BLUFF EROSION STUDY 1. Compile and summarize available existing data relevant to the bluff erosion problem from the Kenai River mouth to the Kenai Packers cannery. 2. Map bluff topography and geology. Use existing photography. 3. Analyze potential slope stabilization techniques; provide order - of -magnitude cost estimate for bluff stabilization. 4. Prepare a report identifying obvious hazardous areas and summar- izing the potential impacts of slope instability. A detailed geotechnical drilling investigation of the bluff area Is not included within the scope of this study. C. DESIGN SERVICES 1. Furnish survey, mapping, and/or photogrammetric personnel and equipment required to obtain field Information necessary to prepare satisfactory drawings and specifications, easements, and property and rights -of -way descriptions for the selected concept. 2. Furnish personnel and equipment required to perform subsur- face explorations necessary for determining geologic foundation and/or construction conditions. 3. Conduct sedimentation, ice,, and hydraulic studies. 4. Prepare a predesign report recommending location, general layout, aesthetic considerations, and related matters with cost estimate., and discuss the recommendations and cost estimate with representatives of the OWNER. S. Prepare environmental assessment of approved plans using existing available environmentrTata, appear at public hearings (maximum of two) , and prepare public Information documents and displays connected therewith. An environmental impact statement Is not a part of the design services, and, if neces- sary, will be prepared under Section E, OTHER SERVICES, paragraph 4.c. 6. Prepare bidding documents, construction plans, specifications, and estimates of cost, as customarily made available for con- struction of this type of project, based on the approved pre - design report. Furnish a maximum of 100. copies of contract documents for bidding purposes. 7. Process documents with appropriate regulatory agencies. S. fleet with representatives of the OWNER when requested and necessary for consultation or conferences in regard to design .of the PROJECT (maximum of six man visits). If additional visits are necessary, they will be performed under Section E, OTHER SERVICES 9. Provide general information In regard to the .PROJECT and consult with the OWNER or those designated by the OWNER to prepare necessary agreements, such as those for rights -of -way, easements, land purchase, and applicable federal and state grant applications. 10. Furnish sufficient copies of plans, specifications, and documents for obtaining project approval (maximum of 20 sets). 27:ee: 2 ` I I • - i 1 • 1s i .11 . 11. Coordinate all test borings, subsurface exploration, or other Investigations which may be required for design of the PROJECT. D. FINANCIAL PLAN 1. Develop plan that contains specific economic, financial, and Implementation recommendations. E. OTHER SERVICES 1. Prepare sufficient additional copies of approved plans, specifi- cations, and bidding documents as are necessary for project -approval, bidding and subsequent construction and, if requested by the OWNER, provide document mailing and pre -bid services. 2. Furnish legal descriptions of all easements, rights -of -way, and property required for the PROJECT*and provide personnel to assist the OWNER or those designated by the OWNER to obtain easements, rights -of -way, and property. 3. Provide Information to and assist legal, financial, or other consultants engaged for the PROJECT. 4. Provide assistance or complete service in the completion of the following elements and any others necessary to a state and/or federal grant offer on the PROJECT: a. Assistance to preparation of of state and/or federal grant applications and supporting documents. b. Submission of routine reports, other than for partial payments, required by state and/or federal grants. c. Preparation of environmental impact statement, appearances at public hearings, preparation of public Information docu- ments and displays connected therewith. S. Prepare necessary permit applications. 6. Observe factory or field tests of equipment or facilities, and furnish the personnel and equipment required for such obser- vation and report the results .thereof to the OWNER. 7. Attend conferences, meetings, or site visits in excess of maxi- mums indicated in Sections A and C. ARTICLE 2. As consideration for providing the services enumerated in ARTICLE 1, the OWNER shall pay the ENGINEER: 1-. For SITE SELECTION STUDY, BLUFF EROSION STUDY, DESIGN SERVICES, and FINANCIAL PLAN, as enumerated in ARTICLE 1, lump sum amounts for each portion of the project as follows: 27:ee: 3 IN r� ITEM Site Selection Study Bluff Erosion Study Design Services Financial Plan LUMP SUM AMOUNT # It is further agreed by the parties that, if the study and design services covered in this Agreement have not been com- pleted before January 1, 1982, the basis of payment will be renegotiated for changes in the cost of services. 2. For OTHER SERVICES, as enumerated in ARTICLE 1, and for additional services not specifically provided for hereinder, a j lump sum amount or the amount of the ENGINEER'S HOURLY salary costs expended for the. services, plus direct expenses In connection therewith. The current 1981 hourly rates are Included as Attachment A. Payment for each service shall be negotiated at the time each service is authorized. j ARTICLE _3. Payment to the ENGINEER as prescribed in ARTICLE 2 is to be made within 30 days after date of billing services rendered or the ENGINEER'S estimate. of work accomplished during the previous month. ARTICLE {{ it is further mutually agreed by the parties hereto: i 1. That, the ENGINEER will not begin work on any of the services listed In ARTICLE 1 until the OWNER directs him in writing to proceed. 2. That, the OWNER shalt make available to the ENGINEER all '.� technical data in the OWNER'S possession, including maps, surveys, borings, grades and lines of streets, pavements, and boundaries, rights -of -way, and records, reports, and other Information required by the ENGINEER relating to his work. Ij 3. That, the estimates of cost for the PROJECT provided for herein are to be prepared by the ENGINEER through exercise of his experience and judgment in applying presently available cost data, but it is recognized that the ENGINEER has no control over cost of labor and materials, or over competitive •1 • 27:ee: 4 J I � i 1 { I _ S. 6. 7. S. 9. 27:ee: bidding procedures and market conditions, so that he cannot warrant that the project construction cost will not vary from his cost estimates. That, the ENGiNEER's direct expenses are defined as the costs incurred on or directly for the PROJECT, other than the Salary Costs. Such direct expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ENGINEER. Direct expenses shall Include, but not be limited to, necessary transportation costs, Including mileage at the ENGINEER'S current rate, meals and lodging, laboratory tests and analyses, computer services, magnetic card or disk typewriter services, telephone, printing, and binding charges. When technical or professional services have been furnished by outside sources, an additional S percent of the cost of these services shall be added for the ENGINEER'S administrative and continuing PROJECT responsibilities. That, when the OWNER directs that competitive bids be taken for construction on alternative design, where this involves the preparation of designs, plans, and specifications for alter- native facilities, the compensation to the ENGINEER shall be an additional payment to be negotiated at the time the OWNER directs that alternative designs, plans, and specifications be prepared. That, in soils investigation work and in determining subsurface conditions for the PROJECT, the characteristics may vary greatly between successive test points and sample intervals. The ENGINEER will perform this work in accordance with gener- ally accepted soils -engineering practices and makes no other warranties, expressed or implied, as to the professional advice provided. under the terms of this Agreement. That, the ENGINEER is to furnish the field survey crews and drilling crews only as requested or approved by the OWNER. That, if payment of the amounts due as prescribed in ARTICLE 2, or any portion thereof, is not made within the period specified In - ARTICLE 3, Interest on the unpaid balance thereof will accrue at the rate of one percent per month or the current bank borrowing rate, whichever is greater, to the maximum . allowed by law, and become due and payable at the time said overdue payments are made. That, if any portion of the PROJECT covered by this Agreement and designed or specified by the ENGINEER shall be suspended, abated, abandoned, or terminated, the OWNER shall pay the ENGINEER for the services rendered for such suspended, abated, abandoned, or terminated work, the payment to be ; based insofar as possible on the amounts established in this Agreement or, where the Agreement cannot be applied, the payment shall be on the basis of the amounts for OTHER S SERVICES, as prescribed in ARTICLE 2 or, as mutually agreed, on a reasonable estimate of the percentage of the work completed. 10. That, the OWNER shall pay for all costs of publishing advertise- ments for bids and for obtaining permits and licenses that may be required by local, state, or federal authorities and shall secure the necessary land, easements, and rights -of -way. 11. That, in the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, and expenses.as may be set by the Court. 12. That, in the event of any legal or other controversy requiring the services of the ENGINEER In providing expert testimony In connection with the PROJECT, except suits or claims by third parties against the OWNER arising out of errors or omis- sions of the ENGINEER, the OWNER shall pay the ENGINEER for services rendered in regard to such legal or other contro- versy, Including costs of preparation for the controversy, on a basis to be negotiated. 13. That, the ENGINEER'S liability to the OWNER for any cause or combination of causes is, in the aggregate, limited to an amount no greater than the fee earned under this Agreement. 14. That, the ENGINEER shall be responsible, to the level of compe- tency presently maintained' by other practicing professional engineers In the same type of work In the OWNER'S community, for the professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. The ENGINEER makes no other warranty, express or implied. 15. That, the OWNER or ENGINEER may termjnate this Agreement by giving 30 days' written notice to the other party. In such event, the OWNER shall forthwith pay the ENGINEER in full for all work previously authorized and performed prior to notice of termination. if no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. 16. That, this Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and Is not to be assigned by either party without first obtaining the written consent of the other. 27: ee i 2 I i j I i - J ; I ARTICLE S. IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same, In triplicate. For CITY OF KENAI, ALASKA B Y. I NameV ITItlej B L Name] 1TltIeJ Dated this day of 198 For CH2M HILL NORTHWEST, INC. BY I Namej ITItre= Dated this day of 19 27:ee: F, I i L o g z ■ {; - ) - p; i 1 IT 7 r 1 � � t ASSIGNMENT OF INTEREST T11LS ASSIGNMENT dated this day of , 1980, between PENINSULA ENTERPRISES, INC.., hereinafter referred to as "ASSIGNOR", and JAMES E. CAkTER, SR., hereinafter referred to as "ASSIG:IF.E". W I T N E S S E T H: WHEREAS, on the lot day of October, 1979, the Assignor executed a "LEASE OF AIRPORT LANDS OR FACILITIES" with THF. CITY OF KENAI for the lease by Assignor of the following described real property: Lots Fourteen (14), Fifteen t15), Sixteen (16), Seventeen (17), Eighteen (18) and Nineteen (19), according to that plat designated "MASTER PLAN AIRCRAFT PARKING AREAS-KENAI, ALASKA" prepared by the Civil Aeronautics Administration, Eighth Regional Office, Anchorage, Alaska, under date of 12 May, 1952. A sketch of which said area and metes and bounds description labelled 'Attachment 'A' - Peninsula Enterprises, Inc." is attached hereto and specifically incorporated herein by reference. and WHEREAS, the Assignor wishes to assign all of its right, title and interest in, to and under the above -described Lease Agreement to Assignee without limitation. NOW THEREFORE, for valuable consideration, the parties agree as follows: ARTICLE I LEASE AGkEEMENT The recitals, terms and conditions of the Lease Agree- ment regarding the lease of Assignor's vested interest in the above -described real property are incorporated herein by reference for all purposes and this Assignment of Interest shall be construed in light thereof. (.attachment "B"). ARTICLE II ASSIGNMENT OI INTEREST Assignor does hereby as:.ign, convey, transfer, and set over, without limitation, to Assignee, its heirs, successors, and it assigns, forever, all right, title, and interest in, to and under �1 j the above -described Lease Agreamer.t. Further, Assignor does '1 hereby assigi. and convey to Assigi.ae the power and authority to I� ;I PAGE ONE OF THREE w•••�r -, - _ . -ate, : 1 r i 4• i i 9 Q �1 1 r .,. ......r•11 ty. v �.vll,- ., � . i , �. ..ran r ..� ": r i .-,....r ; �...�.--asr...�.�.1....�..��w�u+...r.r.. ew. _ .iY `�� L..Nw+� ASSIGNMENT Or INTEREST CONTINUED ASSIGNOR: PENINSULA L••NTERPRIPrS, INC. ASSIGNEE: JAMES E. CARTER, SP. enforce the terms and provisions of said Lease Agreement. IN WITNESS WHEREOF, the Assignor and Assignee have hereunto set their hands and seal:+ the day and year first above written. l ASSIGNOR: �.� ASSIGN PENINS EN ERPRI C. , /" By s f"�y l ��!/� j J . S E. CARTER, SR. ames ar r, •- C/// Tides President APPROVED BY: THE CITY OF KENAI, ALASKA By: Wm. J. Brighton Titles city nnagar STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this 6th day of January 1981, before me the undersigned Notary Public in and for the State of Alaska, personally appeared JAMES E. CARTER, SR. known to me to be the person named in the foregoing instrument, and acknowledged to me that he executed the same freely and..al ljUi�'�'r'••,, tarily for the uses and purposes therein contained. IN WITNESS HEREOF, I have hereunto set my hand and�a��'t ef.}a� ' and year first hereinabove written. ; Notary Public, StA,ti-of Alas My Commission Expites�7 STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this 6th day of Jan 1981, before see the undersigned Notary Public-T-n-uFfor the State of Alaska, personally appeared James E. Carter, Sr. , to me known to be the President— , Of PENINSULA ENTERPRISES, INC., a corporatlon, and known to me to be the person who executed the within instrument on behalf of the corporation herein named, and acknowledged to me that such corporation executed the same pursuant to its by-laws or a resolution of its Board of Directors. t ; i IN WITNESS 11FREOF, I have hereunto fixed my hand as;d ;:teal the day and year last above written. 1" �j Notary Public, State !; My commission e::pires: 7/10J84 PAGE TWO OF •1'NRLE �I I I+ N S J15 i 1 1 i ri j.a.Y • t' 11 .ael. •..1Ls'sfrrid� �• � yI 1 r • ASSIGNMENT 0" I*11'EPEST 0-41TIKpEO ASSIGNORS 11:11INSULA Y•'1TEI4PRINES, I.,C. ASSIG'ME, .TAMES E. CARTER, 9%. i STATE OF ALAM THIRD JUDICIAL DISTRICT f THIS IS TO CZRTI8'Y that on this day of January , 1981, before me the undersigned Nntaiy Public n and for the State of Alaska, personally appeased Wm. J. Brighton , known M me to be the Cit Man a eo tr , of THE. CITY OF KENA1, ALISKA, and awn to me to o person named in the foregoing iu3trus{ent, and acknowledged to me that -h. executed the same freely and voluntarily for the uses and purposes therein contained. IN WITNESS H?REOP, I have hereunto sot my hand and seal the day l ! and year firat hereinabove written. Notary Pu 1 c, State of A as My Commission Expiress 1 1 r talIPAGE THREE OF THREE = S i I 1 i CITY OF KENAI „Od eap" aj 4"„ F. O. SOX NO KENAI, ALASKA 9%11 TILUMNE 211 • 712/ January 2, 1981 TOs Wm, J. Brighton, City Manager ' FROMs Keith Kornelis, Director of Public Works REs what's Happening Report for City Council Meeting January 7, 1981 SHOP ADDITION r - This project has been completed. City of Kenai is at this time in the process of completing the final paperwork on this project in closing out the grant with EDA. It is a welcome addition to our shop facility and is being used quite extensively at this - time. This is the final report on this item since it is considered complete. - SEWER TREATMENT PLANT EXPANSION This project has been shut down for the winter months. There is a pay estimate coming before Council this next meeting since we ;. are continuing to get material an{equipment on this project. T ` SEWER INTERCEPTOR LINE This project has been shut down for'the winter months and there 3 has been no change since the last report. SEWER TREATMENT PLANT OUTFALT, LINE t - CO2M Hill has completed the design of the Sewer Treatment Plant i Outfall Line. Advertisement has been placed in the paper for , '1 bidding purposes today, January 2, 1981. Bid date for this project is set for February 4, 1981. It is hopeful that the successful contractor will get an early start on this project so y there will be the least amount of conflict between the outfall and the sewer treatment plant project p expansion project. 1990 KENAI HUNICIPAL. AIRPORT INPROVEMENTS Air Tech, Inc., a subcontractor for the general prime contractor Coastal, Inc., has written a letter to Wince Corthell Bryson & Preas who are the designing engineers and inspectors on the project stating that there will be equipment delays for a Kohler generator set, ASCO transfer switch, and heavy duty electric 30RW regulator. The letter states that delays go as far as April 13, 1981. Because of this and because of the asphalt pavement that still has to be laid next year, this project may not be completed until May or June of 1981. FIDALGO SUBUINTSION STR TMPROV MENTS This project has been shut down for the winter period and there has been no change since the last report. HENAI SPUR FRONTAGE ROAD This project has also been shut down for the winter. There was a meeting held on December 2, 1980, concerning Doyle Excavation and Construction for additional payment due to large underruns on the -excavation and backfill items of the project. Mr. Ben Delahay gave a brief description of the discussions during that meeting in his City Attorney's Report on December 31 1980 before Council. There is a memo of record that was sent to Pat Doyle concerning this meeting that is in the file. There has been no discussion or correspondence concerning this since this meeting. WARM STQ AG . MILDT*Tr Alaska Boiler & Heat Exchange Service has most of the steel erection complete on this warm storage building. There is a pay estimate coming before Council this next meeting. The damaged culvert that they had installed has been repaired but has not been back -filled. CITY ADMINTRTRATION nu nT fia The big hold up on this project are the windows for the building. Electrical and plumbing subcontractors are working on the building at this time but the contractor is afraid of turning on the water inside the building until the building is properly heated. I plan on starting to order some of the furniture and 2 C I -r i l�- • =•a: , 71, fixtures that will be needed inside this building sometime next week. If the Mayor or Council have any suggestions or comments concerning this, please do not hesitate to contact me. DOT/PP WILLOW STREET There have been some problems concerning the lighting on Willow Street. The contractor has installed a used panel for the lights that he plans on replacing as soon as the new one becomes available. The main problem with the project is that the lights are sporadic,As I mentioned in my last report there is still a considerable amount of work that needs to be done on this project in 1981. I went through a list of items that I felt needed to be done with the Department of Transportation official of Anchorage the day before their final inspection. He assured me that we would be getting copy of the punch list which would reveal exactly what needed to be done. To date we have not received this punch list on this final inspection which occurred over two months ago. KENAI YOUTH CENTER Blazy Construction/G.S. Construction have a pay estimate coming before Council at this next meeting for work that they have completed on this project. This building is now completely Qnclosed and the contractor is continuing to work. WATER AND SEWER TO SECTIOR 36 The City of Kenai has awarded the construction management / engineering inspection on this project to Trans -Alaska Engineering. LAWTON DRIVE STREET IMPROVEi+iENT} Engineering design work for the Tinker/Walker/Rogers /Lawton Street improvements has been awarded to Mike Taurtainen. Mike Tauriainen has started work on this project at this time. WAIN STREET LOOP IMPROVEMENTS The water. sewer 8 street improvements to Main Street Loop and Barnacle Way design construction has been awarded to Wince i Corthell Bryson & Freas. It is my understanding that they also started preliminary work on this project. Request for State grant funding has been completed. Close to loo copies of this brochure have been reproduced which include 6 laminated pictures of projects that the City of Kenai has been working on involvinglast g We have also reproduced approximately YearPs funding* available t hepublic. SAdditional ies icopies thout tcanebehmade when are needed. Unless there is some objection from Council, the City of Kenai _ Public works Department plans on asking for engineering design Proposals on those projects listed in the Capital Improvements book up to item 612. These engineering Candlelight, Linwood, North Dowood, North oLupineects �,oand Spruce gravel improvements, Forest Drive extended and Gill Street paving, Birch, Fourth, and First Street paving, Second and Third' Street and Phillips Drive gravel improvements. Funds for engineering design work can be allocated from money left overis from last year's funding. It is hopeful that we can get these projects engineered prior to June, 1981 when the Legislators will be taking their final look at State grant funding. This will give us quite a few projects on the shelf ready to go as soon as construction funds are available. RR/md i Q , I " ■ ■ DATE: CITY OF KENAI I. O. BOX no KENAI. ALASKA 99611 TELEPHONE 3B3 • 7636 HONORABLE I4AYOR AND CITY COUNCIL BEN T. DELAHAY, CITY ATTORNEY AGREEMENT OF MAYOR TO SERVE AS CONSULTANT/REPRESENTATIVE TO ALASKA PACIFIC BANK DECEMBER 19, 1980 The Mayor has requested that I review and comment on his proposed agreement to serve as Consultant/Representative to Alaska Pacific Bank, Unlike Legal Counsel for the bank, I foresee many areas in which conflicts of interest may arise under this contract. if the bank itself seeks to build in this area and wishes to purchase or lease City land, there is a direct conflict, of course. Further, where there are prospective bank loans to parties in connection wAth the lease or purchase of City land or to businesses which would be seeking contracts with the City, there are indirect conflicts of interest since favoring such leases or contracts would indirectly affect the bank, which would be the employer of the Mayor. However, people who serve on our Councils and Commissions are not required to be rich and retired, but since such positions are not full time salaried positions, they are required normally to earn a living, and it is not unexpected that in doing so there will occasionally arise conflicts of interest. In the present instance, the Mayor must remain conscious of the possibility of such conflicts, and whenever the bank itself or one of its patrons has contacts involving the City which might reflect upon the business and well being of the bank, the Mayor should announce the same to the Council and disqualify himself from voting. Nothing further can be expected of our unpaid public officers. BTD/md •i R Y 0 V CITY OF KENAI'"Od (%,jaW 4 4"'0' �- I. O. 50K NO KENAI, ALAEKA 99611 T IFWNE 287 • 7E116 December 19, 1980 TOs Council PROI4s Vincent 0' Reil Mayor #�� REs Senior Citizen Center To keep you informed of what may develop. Several of the Senior Citizens are asking that a project involving construction of a new full Senior Center be undertaken. What apparently is contemplated would be mini -Pioneer Homes, providing the special services Seniors require but avoiding the institutional atmosphere large numbers create. Their thinking runs in this manners a. A Senior Center with full feeding, recreation and crowd handling facilities b. Senior Citizen designed housing of night units including caretaker The concept is not yet in full focus and has to be differ- entiated from present programs and facilities, further a quantified need has to be established. State capital funding would be sought, City sponsorship anticipated. Representative Hugh Malone has participated. The next step is to visit Chugiak which has a project of this type run by Municipality of Anchorage. Please advise of any opinions or questions. Thanks. VOR:jw .. �_s x.. __av . �.-...�., .. .._..��s... _...vi.Mw..—r..+r-.•rw�.. a..r�s.acr-s .•-�-.�.� __:C' vMnd KENAI HARBOR COMMISSION P. 0. Box 580 ' Kenai, Alaska 99611 AGENDA - December 2, 1980 REGULAR HARBOR COMMISSION MEETING: December 2, 1980 - 7:00 p.m. i Kenai Public Safety Building HARBOR COMMISSION MEMBERS: Robert Peterkin, Chairman John Williams, Vice -Chairman Tom Ackerly Ron Isaacs Marvin Dragseth EX-OFFICIO MEMBERS: Mayor Vincent O'Reilly Councilman Tom Wagoner AGENDA - A. Cali to Order A B. Roll Call and Oath of Office C. Agenda Approval D. Introduction of Guests 1. City Attorney - Ben Delahay (Roper Situation) � I E. Communications t F. Reports 1. Gary Davis d 2. Mayor O'Reilly Mee,, q eE2/f/ G. Old Business :i 1. Administrative Coordinator 2. Business Cards A& eusN,e"es`'�•"°� H. I. Persons Present Not Scheduled to be Heard J. Adjourn M Kenai Advisory Harbor Commission Regular Meeting, December 2, 1980 Kenai Public Safety Building Robert Peterkin, Chairman A. CALL TO ORDE Chairman Peterkin called the meeting to order at 7:05 p.m. g. ROLL CALL & OATH OF OFFICE The Oath of Office was administered to Jimmie Davidson by Administrative Assistant Kim Howard. Present: Chairman Robert Peterkin, Vice -Chairman John Williams, Commissioner's Tom Ackerly, Ron Isaacs, Marvin Dragseth and Jimmie Davidson. Others Present: Mayor O'Reilly, Councilman Tom Wagoner, City Attorney Ben Delahay, and Gary Davis. C. AGENDA APPROVAL G. 3. Department of Transportation (Addition) G. 4, Engineering Selection and Discussion (Addition) D. INTRODUCTION OF GUESTS Chairman Peterkin introduced City Attorney Delahay and explained Mr. Delahay had several meetings with Mr. Roper. Chairman Peterkin asked him to explain what happened at those meetings. Mr. Delahay stated the Commission may be aware that Mr. Roper's attorney, Mr. Baldwin, made an offer to the City that was to go before the City Council tomorrow night. Mr. Roper told him yesterday that he and Rick Baldwin have parted company and Mr. Baldwin wouldn't be representing him any longer. Mr. Roper said he was withdrawing his offer. He gave ter. Delahay two reasons. One, he has two years left on his permit to complete construction. The best time for doing the work according to Mr. Roper is when the ground is frozen and he can get heavy equipment on that ground. He dosen't want to delay until after the first of April which this option would require him to do. He also 1 ail i i -J r) wants to raise financing to go ahead with the project and wouldn't be able to do it with the option. He said he was ready to sell right now to the City under the general terms that were included. But he said $25,000 won't do anything but cause tax complications this year. Mr. Delahay told him the City wouldn't be interested until there were engineering tests to see if the subsoil conditions were right for a harbor. Mr. Roper said he didn't object to the City going on the property and at Mr. Delahay's request he said he would give the City written consent to go on there, without payment for the purpose of test holes and engineering survey. He didn't want any engineering reports made public that would destroy his chances of financing. If the results are not favorable he wanted them to be kept secret. If the engineering was satisfactory he didn't want to wait eight months to see if the City could get funding for the harbor from the Legislature. In another sentence he didn't mind waiting as long as it was all closed at once, Mr. Delahay was not sure what Mr, Roper would do if we got the engineering study and the study showed this was the best place for a harbor and we offered him $250,000 without waiting for the funding from the Legislature. There is sane thought, if this was the spot for the harbor his price may go up. It was Mr. Delahay's understanding the engineering is to go out for three different locations and we don't have any option or purchase agreement on the other two locations, Whoever's place you select they are apt to feel it is pretty valuable, At this point we have nothing with Mr. Roper, Mr. Baldwin called Mr. Delahay and told him he has terminated his association with Mr. Roper because he understood he had the authority to make a deal along these lines and Mr. Roper pulled the rug out from under his feet. if we want to go ahead with the engineering we could accept his offer and get an engineering report then if this is the prime spot then make him an offer. If we don't get the funding this Legislative session or possibly the next one we might not get this type of funding from the State. If ever we build a harbor in this spot you will have to deal with Mr. Roper at one time or another. If he does get enough of a hole there to satisfy the Corps of Engineers for the permit and keep making his lease payments he might be there for the rest of his life. I believe the City Council will eventually Oave to take action on this and will need the input of this Commission. Mr, Davis asked if the Commission could withhold engineering reports? Mr. Delahay reported it is in the Supreme Court right now. It is. 2 s i W something that might hurt the City financially. It would be a case for executive sessions for the reports might depend on how the situation with the Clarion case comes out, we might have to turn them over. There is a difference in not revealing a report and not broadcasting it. Mr. Delahay thought any bank that is going to lend him money is going to be sure it's feasible first. if the City goes ahead they will at least know where to put the harbor if they get the financing. Mr. Delahay stated if the funds are available from that $643,000 grant to secure land, now might be the time to secure it. If you buy another tract of land it will make a point to the Legislators _- that you are firm in this intent. i Commissioner Ackerly asked Mr. Delahay if there was a way to - foreclose for failure to perform? Mr. Delahay stated at this point he felt that the City would have a very good chance on cancelling Mr. Roper's lease on Tract 8, ' because he agreed to begin construction within two years on a dock and warehouse. Nothing has been done and the time expired in July. The subsequent lease was for a small boat harbor and he did start something that might be sufficient to show "beginning construction." it may be questionable. Mr. Roper would have a defense to that, in that, he says the efforts show the study to build a harbor and State financing and COE study have destroyed his chances of financing to the project. He may have this defense on either lease. At this point the City would like to have from him the assignment of the COE permits. if you do cancel the one lease you can bet you are not going to get anything from the other one. We can buy the property from him or wait and miss this Legislative session or the next one. Councilman Wagoner asked if the permits were assigned to the City i' would there be an extension granted? `? Mr. Delahay replied there were two permits. The second, on Tract Cr overroad the time allocation on Tract H. He only has one °_ effective permit which is on Tract C. The COE is content that Mr. Roper is doing everything in his power in their schedule. ` Chairman Peterkin explained the COE stated as long as Mr. Roper has the permits and they haven't expired, there will not be any more permits issued in the mouth of that River. Chairman _ Peterkin thought if the permits were transferred there would be an extension granted because it would be assigned to a 3 municipality. They would have to be realigned with what the City has in mind, and extended. He asked Mr. Delahay if the City desired to let Mr. Roper run to the end with the COE permits and lose those permits, what action would the City take? Mr. Delahay stated that would terminate anything that can be done on the property. Councilman wagoner mentioned he had talked to Bill Hudson and he said there wasn't going to be any House Bill 60 if the Governor and his people can stop it. They do want to channel money into streets, water and sewer, and all forms of transportation. Mr. Delahay said if Mr. Roper gets financing or a partner or something that would service a dock that would satisfy the COE he could keep on operating. Councilman wagoner suggested getting hand written commitments. Commissioner Williams addressed the engineering. He stated once the engineering package is complete it will improve our position in requesting extensions from the COE. It will improve our position with DOT if necessary and it will improve our position -" with the Legislators in asking for direct funding if that is the way we go in this session. If Mr. Roper is willing to let the City proceed with that project at no cost, Commissioner Williams thought that is the route to take. It was his belief that Mr. Roper would not be able to obtain the financing for this project. tor. Delahay referred to the possibility of Mr. Roper taking a partner or partners. Commissioner Williams thought what the engineering reports are going to do is look at planning the entire concept and it will be beyond the scope of what he intends to borrow the money for. Once we have assimilated the necessary engineering data and it is on paper, if anyone attempts any improvements on that property they can be held to contract, on stipulation that this is the way it must be constructed. At sane time in the future, services will be required such as roads, water and sewer, fueling, etc. Mr. Delahay spoke on the two phases of the engineering. One phase would be tept boring and drilling. He suggested finding the proper area for the harbor and not go ahead with the plan on the harbor until we get the land. 4 21 L 1211-11 L-1 Commissioner Dragseth asked Mr. Delahay if Mr. Roper said what price he would take right now? Fir. Delahay thought he would take $250,000 right now. Commissioner Dragseth stated all three sites are public owned and the other sites may be worth more. He thought the City should give it to him. Commissioner Williams felt since Mr. Roper has verbally agreed to allow us to go ahead with the engineering, he was in favor of going ahead with the engineering right now. At this time we have never arrived at any firm decision or working partnership with Mr. Roper. Mr. Roper must fasten his signature to a document guaranteeing that property and get a time period in which we have to pay that money. Mayor O'Reilly left approximately at this time, Mr. Delahay stated he didn't know what authority Colonel Nunn has reference transferring a permit, modify a permit, or changing a site. Commissioner Williams asked the City Attorney about Mr. Dean's lien. Mr. Delahay said there would be no problem there. 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. There was a roll call vote and the motion passed unanimously. F'• 1. Mr. Davis reported he was asked to check with the City Attorney on the gVestion of the Harbor Commission promoting the harbor by printed cards, etc. He didn't see any problems with that with the possible exception of the Alaska Public Officials Commission's (APOC) restrictions. It is the same situation on 5 n 1 � 1 �1 the solicitation of monies. Mr. Davis checked with the Finance Director on the escrow account and he didn't see any problems there because there would be options that would be under a contractual agreement that you would purchase an option on a slip for a specific number of dollars and specific time. Chairman Peterkin explained the situation to Commissioner Davidson. The intent is to show something to the Legislators. Mr. Davis said he contacted John Tolley in response to additional questions the Commission had about the grant money which he indicated it could be broken down into phases. He stated he would like something in writing. Mr. Davis reported he can start contacting persons and groups on the support list and bring them up to date. Mr. Davis reported he mentioned with Mr. Delahay the discussion with the Corps of Engineers. The Kenai Wetlands Working Group is moving forward. There is a work session with that group scheduled with the City Council at 6:00 on the 17th, one hour r1 before their regular meeting. Murray Walsh will be there and the �J participating agencies in the KWWG will be invited. The groups that will be doing the three studies, the hydrological done by the Division of Geological and Geophysical Survey of the State, the water quality study which will be under contract to a consulting firm, the proposal will be reviewed, the habitat study which Fish and Wildlife Service and Fish and Game is doing. Mr. Davis had a call from Loren Leman and he indicated it's too late to do a sedimentation sampling which they had hoped to do in association with their site selection research, due to the weather and ice. Chairman Peterkin asked if there hadn't been ample sedimentation samples taken in the past. He gave the example of the 1978 Corps of Engineers study. Mr. Davis referred to the OCM letter written December 25 which ?•..'. was included in the packet. Since the last election there are new members on the Alaska Coastal Management Council, which establishes and reviews all Coastal Management programs in the 3 State and sets up.bylaws. The members of the Council are recommendedto the Governor for selection for the Council. Mr. Davis reported John Crawford, Assemblymen from Seldovia is 6 f. h . S Y Y replacing Don Gilman as the new Borough representative. Mayor O'Reilly is the alternate. They will be at the meeting in Juneau on the 9th and loth, which is a special orientation meeting. There is also room for interested parties. Mr. Davis stated he would like to attend that meeting since in the contract he was directed to participate and represent the City and the Borough's Coastal Management Program. Mayor O'Reilly can only attend the 9th. Mr. Davis reported his contract ran out last Wednesday and will be and will be up to the Council. Since in the grant there is a retroactive clause he would prefer to work under the terms of that contract. If no contract is signed, Mr. Davis said he would like to be reimbursed for work done under the terms of that agreement instead of an additional extension of the old contract. Commissioner Williams asked for clarification that at the present time he was not receiving any compensation for his work? He thought the Commission should advise City Council that an immediate remedy to the situation needs to be forth coming. Mr. Delahay stated the Council was made aware at the last work session but there was nothing they could do at that time. Mr. Davis reported he wanted to call Mark Stephens about the contract. Under the inclusion in the contract it states we are going to work on the small boat harbor design and construction with the $500,000 appropriated from the State. Mr. Davis was going to check with Mark Stephens if we have to work on them, even if though it is an inclusion. Commissioner Williams suggested Mr. Davis withhold the call until after the City Council's reaction to purchase those sites. Chairman Peterkin asked Mr. Davis to get a complete list of the Borough, State and Federal agencies not connected with the small boat harbor, that Mr. Davis dealt with. He wished to show the list to the City Council, Mr. Davis reported he is still working on the feasibility study to submit to Dept. of Transportation to release the 1974 Bond Monies. He is compiling quite a list of studies to show support and public necessity. Depending on the time frame, it needs to be completed and submitted and for tenative approval to go for final draft from the Harbor Commission. He thought it would be at least 30 days with alot of intensive work on it. There will `j lZ I � J i �1 ` I I ' I r be some need to go to subconsultants like Wince-Corthell to get cost breakdown for sewer and water and for the engineering design work. There will be a need for additional monies spent. He couldn't speculate how much. He stated he would work on that and come with a list of things that need to be completed. Mr. Delahay spoke about the cards. He stated the Commission must have something in the budget for printing and binding to get cards made. If there isn't money there, a resolution from the Finance Director can transfer funds. As long as we're not going to bonding or doing anything of that nature, he couldn't see any reason why that would conflict an laws, you are not trying to influence voters. Referring to the sale of options, first Mr. Delahay was adverse to giving any money back to them. He felt $25.00 is little enough. He didn't get the point the only reason you would give it back is if the harbor didn't materialize. He wondered if $25.00 is enough to show any real interest to the Legislators. They are apt to think that is penny ante. He felt they should have to exercise their option within 30-60 days after being �-� offered a slip. $100.00 to $200.00 would show interest. It should not be transferable under any circumstances. Commissioner Williams said he would go along with it being non -transferable. He was in favor of the amount being $100.00 if it would apply towards the first year's lease. He believed Tom Wagoner's idea of the $25.00 came about from the waiting list in Homer where they have a $25.00 surcharge to maintain the list. Mr. Delahay left the meeting at this time. 2. Commissioner Ackerly showed the Commission possibilities for business cards, and they were reviewed. He mentioned it cost $10.00 to have these done. Chairman Peterkin asked if the Commission was ready to make a decision. The consensus was to see more logos. There was further discussion. 3. There was discussion on alternate financing through DOT. Mr. Davis noted he made a mistake when he indicated Mr. Tolley's project list for 1982. It should be 1983. Commissioner Williams thought Mr. Davis should tell him we need -$20,000,000 at December 1980 figures with contingency for inflation. 8 r- F - n G. 4. Chairman Peterkin asked if the Commission should give Gary Davis direction on the engineering to CH2M Hill? Commissioner Ackerly suggested a special meeting. Mr. Davis stated as far as his efforts, it was just a phone call. The rest would be up to Mr. Delahay. Chairman Peterkin stated the Commission would have to itemize and identify the extent done on each item. Chairman Peterkin said he would wait until after the City Council meeting. Mr. Davis reiterated on the meeting with KWWG on the 17th. He said Council has indicated alot of interest. I Commissioner Williams said he would not be available from the 12th through the 16th. Commissioner Dragseth wouldn't be here. Commissioner's Isaacs and Ackerly thought they would be able to make it. - With no further business, the meeting adjourned at 9:50 p.m. Respectfully submitted, Kim Howard Administrative Assistant 0 �• i i I u ; t - 1 • 1 i I 1 1 ,j I 1 1 V7. / } % KENAI ITT I NSU LA 1:014 G11 h' REGULAR ASSUNHILY 241:1JUNG DECI:allillt 16, 1910; T:30 P.M. ' BOROUGH All;•IINISTIZATIO. INJILDING DEC 1:,1980 148 North Binklcy Street '•, Soldotn, Alaska •AGENDA - �As`sbinbly Davis A. CALL TO ORDER AND ROLL CALL Dimmick Fischer B. PLEDGE OF ALLEGIANCE Glanville Harvey C. SEATING OF NEW ASSEMBLYMEMBERS King Lounsbury D. APPROVAL OF MINUTES OF DECEMBLR 2, 1980 McBride McCloud " E. AGENDA APPROVAL McGahan Schaefermeyor - F. PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINIiD IN —THE Sikorski ASSEMBLY'S AGEIWA FOR THE MEETING Wade Anderson G. ORDINANCE HEARINGS OR OTHER PUBLIC NEARI4UGS Brandon — -- Crapuchettes (a) Ord. 80-56 "Rezoning Government Lot 91, City of Kenai, rom Rural Residential District (RR) to Suburban Residential (RS) District" Memo 81-27 (b) Ord. 80-57 "Rezoning Government Lot 97, City of Kenai, From Rura Residential District (RR) tSuburban " Residential (RS) District" H. CONSIDERATION OF RESOLUTIONS (a) Res. 80-147 "Expressing the Assembly's Appreciation to Don Gallagher for His Meritorious Services to the Borough" (b) Res. 80-148 "Approving and Ratifying the Execution of. Change Or er No. 2 and Change Order No. 3 to the Seldovia Pool Replacement Contract" and Memo 81-44 (c) Res. 80-149 "Protesting the Renewal of Certain Liquor Licenses or Non -Payment of Borough Real Property and Sales Taxes" (available 12-16-80) (d) Res. 80-ISO "Urging the State of Alaska, Department of j Commerce t; Economic Development, Division of Insurance, to Postpone Any Actinit Alterin.r ttnrkm++t s t'ompensation '. Coverage, Benefits and Insurance Rattcs fending the e Report of the !t'orlutcn's CompensationStudy Commission" i, ss (e) Res. 80-151 "Calling a Special Election Within the bif►is`-ki 1 re Service Area Regardiul; the Acquisition of a Third Fire Station" I. PENDING LEGISLATION r,-.. (a) Res. 80-136 "Providing for the Establishment and ` Implementation ` of a Morit Pay Increase Plan" (b) Res. 80-141 "Requi;si:r+g ;reparation of a Plan for a oroub Lottery Land Sale d2 to Dispose of Borough Land to the General Public" (Local Affairs Committeei� • (c) Res. 80-142 "Awarding the Contract to Alaska Test Lab to Perforri Pre-Iingittevring Soils Investigation At the Site of the Profoset' act: ffapc i.andfi!]•' (11o'stponcci 12-2-80) with now .icmu 81-45 / - iW.�:..-, .=. •- II„ � ' • 1 (d) Ord. RO.60 "Providin►, for the orgdnization and Operation "Service of the ticfgCway Firearea and E,tablishing the I Powers and Duties of the Board of Directors" (Local Affairs] -(e) ' Ord. 80-62 "Amending Section 5.16.090 of the Borough Code ^, oi�O dinances to lixempt the Retail Sale of Food Products ! for Human Consumption from the Borough Sales 'fax" (Finance) J. INTRODUCTION OF ORDINANCES s....":' (a) Ord. 80-67 "Prohibiting Smoking During Borough Assembly oetFngs" (b) Ord. 80-68 "Amending the Requirements for the Publication. of Legal Advertising By the Borough" (e) Ord. 80-69 "To Amend Section 2.08.080 of the Borough Code !. of Or finances By Adopting Roberts Rules of Order As the .. i Assembly's Rules of Parliamentary Procedure' K. FORMAL PRESENTATIONS IIITH PRIOR NOTICE'UPON MATTERS � ' NOT ON MEL-TING AGENDA L. COMJITTEE REPORTS (a) Finance (McCloud, McGahan, Anderson, Lounsbury) I (b) Local Affairs (Sikorski, Schaefermeyer, Dimmick, llar►ey). (c) Public Works (Brandon, Glanville, McBride) (d) State/Federal Legislative Affairs (Wade, Crapuchettes, fling) M. MAYOR'S REPORT (a) Finance Report for November (b) Memo 81-43 Planning Commission Appointment, Seldovia 0. ASSEMBLY AND MAYOR'S CO.NBIENTS P. PUBLIC COZIENTS Q. INFORMATIONAL MATERIALS AND REPORTS (a) Opinion Regarding Contract Rezoning, Ord. 80-64 (b) A Resolution of the Board of Directors of the Nikiski Fire Service area Seckirg Road Irprovcm:nts, Spcci:it:.11y the Paving of Molt/Lamplight and 11alibouty Roads, That Said Paving Projects Be Included in the Public Works Projects for the State of Alaska for the Years 1981-82. (c) Letter, Fairbanks No. Star Borough opposing auctioning of state crude oil (d) Minutes 1. No. Peninsula Recreation SA, august 19$0 2. Bear Creek Fire SA, Octobbr, , 1980 3. School Board, November 17, 19SO 4. Planning Commission, November 3, 19SO R. NOTICE OF NEXT MEETING AND ADJOURNMENT (January 6, 1981) I is f j - 0 P 1 Introduced by: Mayer. Date: Dec. 16, 1980 Vote: Unanimous Action: Adopted 0FC 1 J9&? KENAI PENINSULA BOROUGH r•,. RESOLUTION 80-149 PROTESTING THE RENE14AL OF CERTAIN LIQUOR LICENSES FOR NON- PAYMENT OF BOROUGH REAL PROPERTY AND SALES TAXES. WHEREAS, the Rorouph is authorized by Alaska Statutes to lodge a protest against the renewal of a liquor license for any sufficient reason, i.ncludi.ng, nonpayment of taxes; and WHEREAS, the licensees set forth below have failed to remit their delinquent taxes to the Borough in the time provided; and • I{ WHEREAS, each of the licensees below has been notified of the delinquencies but has failed to come forth and make proper remittance or satisfactory arrangements for repayment; and WHEREAS, each of the licensees set forth below has requested that the Alcoholic Beverage Control Board renew his or her liquor license and the Borough Assembly desires to protest renewal of each license until all delinquent taxes have been paid; and WHEREAS, a significant portion of property and sales taxes due from licensees from within a first class city are T;I Borough taxes and the Borough Assembly wishes to add its protest to that of each city council; t'i NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the Assembly protests the renewal or '4 rei ssuance aura liquor license for each of the premises set out below until such time as a.11 delinquencies and penalties have been paid in full or szti.sfactory arrangements for -- { repayment have been executed by each licensee: Kenai Peninsula Borough Resolution 80-149 Page 1 of 2 Pages i • f. .i I I • a I i i ; A. Outside Cities: 1.) Bob's Kenai. 1 a1 e Lodge `"•" ; : 2.) Sportsman Lodge � 1.: 3.) Summit Lake Lodge :,.. 4.) Vagabond Inn . B. C1 ty of Kenai: 1.) Harbor View Restaurant 2.) Kenai Joe's Club " • 3.) Rainbow Bar 4.) Katmai Motel/Sam Pan C.) City of Soldotna: r= = 1.) Maverick Club _. D.) City of Homer: 1.) Land's End - 2.) Ebbtide Dinner House- E.) City of Seward: 1 '_- 1.) Dorothy's Cocktail Lounge 2.) Palace Bar and Cafe j Ki • 3.) BPOE Lodge 1773, Seward Section 2. That the Clerk shall serve a copy of this . resolution upon Patrick Sharrock, Executive Director of the ; State of Alaska Alcoholic Beverage Control Board, and upon ' the Clerks of the Cities of Kenai, Soldotna, Homer and Seward. Section 3. That the Mayor is authorized to effectuate this resoiution, which takes effect immediately upon its 1 o adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH i' ON THIS 16 DAY OF December , 1980. ! is.:ui-Tj 9c_hier, sscmh y President 1 =-: .. ATTEST: - --- _ - - -- -- -- --^— - Kenai Peninsula Rorou,ah 1)oroug I CMr Resolution 80-1.49 - - -- --- --_- - -- Page 2 of 2 Papes ; � - - - - --- - --- I l rnwuxmSCENRRIO C9T5: Perswral—Harboorester $40,000 Dgnignent Mainteru=e $25,000 MafntP•nance (2ea) 50,000 Security 10,000 Secretary 15,000 Janitorial 2,500 Scanner Clerical (2sa) 12,500 Electricity & Heat 16,000 Seasonal Radimm (4ea) 8,000 T531500 Seasonal Lift Oper. Rea) 16,000 U 141,500 • . 14$ 1 5�00, ! j a Pi0'SIC�L D�T1'E114�1rTGE - , i -- Dr+edging $4.50/cu. yd. , Painting Day to Day Misc. $250 000 �>$445,000 • 1 REVP= 600 Slips @ $500/yr.. $300,000 _ 600 Dry Storage @ $250/yr. 150,000 -: `0�arfag+e 2 mil. lbs. @ .030 60,000 Fda Sales 500,000 gal.@ .100-5,086— !-v� 0 o O Grid Fees Small 50 @ $50 2,500 000 'Travel Lift Fees � e STrips @$100 , $50 500 0 572,500 $572,500 P $127,500 -'- TD BE 00 : j Adjoining Land Lease Reveime { Persm al Real Property Tax Assessment jy S Recrnat3oz�a1 Boating cluntler services = G�nper Varking Fees -- - - - other zt -_�- � J ,� r to � •`��'u � (� - = - :j 14 1 1 r AGENDA KENAI CITY COUNCIL - SPECIAL MEETING JANUARY 14, 1981 - 7:00 PM A. ROLL CALL B. DISCUSSION ITEM .� 1. Consideration of CH2M Hill for Construction -- of a Small Boat Harbor 20 Coastal Zone Management, Discussion of Mutual Understanding of Agreement 7 ADJOURNMENT f �I G r JA .J Z C r ' � I r� TASK ORDER NO. 1 KENAI HARBOR STUDY AND DESIGN This Task Order describes the scope of the Site A ( Roper's leases) evaluation and conceptual layout. The following Items will be addressed as part of this work: 1. Library search and office identification of. Hydraulic and coastal conditions, including tides, currents, bottom topography, sediment conditions, salt water intrusion, wind directions, water velocities, and icing. 2. Identification of environmental issues, required permits, and rela- tionship of proposed development to comprehensive plan. 3. Evaluation of source of supply and capacity of utilities including electrical power, gas, telephone, water, and sanitary facilities. 4. Evaluation of site access and effect on traffic patterns, potential for expansion, suitability for dry storage construction, dredge and fill requirements, and general soil conditions. 5. Soil investigation; drill and sample maximum of 300 lineal feet; test for moisture content, dry density, classification, and shear strength; preparation of a reconnaissance level soils report identifying suitability of Site A for boat harbor and related activities. 6. Attendance at maximum of three meetings with representatives of the OWNER when necessary for consultation, conferences, workshops, public meetings, or hearings. 7. Following site evaluation, preparation of Conceptual Design layouts (maximum of three) , preliminary order -of -magnitude capital and operation and maintenance costs for proposed facilities, and Concept- ual Design report (30 copies to OWNER). The lump sum fee for Task Order No. 1 is $65,000. This work will commence on January 15, 1981 and will be completed by March 16, 1981. Approved by CH2M HILL Approved by CITY OF KENAI NORTHWEST, INC. By By Date Date 34;r;1 a 12 I 1�' f { d, i 17 f{ 1 l { i i TASK ORDER NO. 1 KENAI HARBOR STUDY AND DESIGN This Task Order describes the scope of the Site A (Roper's leases) evaluation and conceptual layout. The following Items will be addressed as part of this work: 1. Library search and office Identification of hydraulic and coastal conditions, Including tides, currents, bottom topography, sediment - conditions, salt water Intrusion, wind directions, water velocities, and icing. 2. Identification of environmental issues, required permits, and rela- tionship of proposed development to comprehensive plan. 3. Evaluation of source of supply and capacity of utilities including electrical power, gas, telephone, water, and sanitary facilities. 4. Evaluation of site access and effect on traffic patterns, potential for expansion, suitability for dry storage construction, dredge and fill requirements, and general soil conditions. S. Soil investigation; drill and sample maximum of 300 lineal feet; test for moisture content, dry density, classification, and shear strength; preparationf of a reconnaissance level soils report identifying suitability of Site A for boat harbor and related activities. 6. Attendance at maximum of three meetings with representatives of the OWNER when necessary for consultation, conferences, workshops, public meetings, or hearings. 7. Following site evaluation, preparation of Conceptual Design layouts (maximum of three), preliminary order -of -magnitude capital and operation and maintenance costs for proposed facilities, and Concept- ual Design report (30 copies to OWNER). The hourly plus expenses budget ceiling for Task Order No. 1 is $72,000. This work will commence on January 15, 1981 and will be completed by Warch 16, 1981. Approved by CH2M HILL Approved by CITY OF KENAI NORTHWEST, INC. By By Date Date 34:r:14 7 f " P_ �... t••�� aG. JL��}4.�rv. a.�a.. }�.S�i .c., Jf: -..w t....�. _... 1AY S. HAMMOND, SOYERNOR DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES POUCH IATION AVENUE 900 ANCHORAGE, ALASKA 99502 CENTRAL REGION (TELEX 25-185; January 6, 1981 RECEIVED i`Ji ! I BY Cm TY v nub TtoN Mr. Gary L. Davis Administrative Coordinator Kenai Advisory Harbor Commission City of Kenai P. 0. Sox 580 Kenai, Alaska 99611 Dear Mr. Davis: This letter acknowledges receipt of your November 14, 1980 correspondence regarding the Kenai Port Facilities Grant. This $643,500 allocation is authorized within Chapter 86 SLA 1974. As stated telephonically on 12/3/80 to Kenai City Attorney, Ben Delehay, your proposed project appears to be in compliance with the regulations -� governing State participation in Public Port Facilities Development (AS 30.15). Additionally, a portion of the $500,000 Municipal Grant contained within Chapter 50/SLA 1980 (page 95 line 18), Kenai -Harbor Study and Design (ED 13) may be used to provide the 10% local contribution for the project. If you wish to enter into a "purchase option" agreement for land acquisition before actual execution of Kenai Port Facilities Grant, specific written approval must be received from the State prior to such action. You should provide evidence to justify the necessity for obtaining an early "purchase option" agreement and document the immediacy of the situation. Do not enter into any formal agreements until the State has received this notification and granted specific approval to your request. This will help insure that no misunderstandings develop regarding eligibility of costs for the Kenai Port Facilities Grant. If you have further questions or require additional information, please contact my office. We look forward to receiving your completed feasibility study. Sincerely, ohn Tolley, Kenai Area Planner cc: Kit Duke 26A-T/8LH ' I . I . I 1 I i f / `'� ; �I �' • , �! l ,�'� , !� �'�•+ JAY S. HAMMOND, Governor 0yy3Cg OF From GOVIZalrion f POUc11 AP l JUNEAU, ALASKA 99811 DIVISION OF POLICY DEVELOPMENT AND PLANNING ;� I9071455.3541 OR 465.3574 Gary Davis Kenai Advisory Harbor Commission City of Kenai Box 530 December 22, 1980 Kenai Alaska 99611 RECcIVAIZG OW Z49 Gary: SV C wrY OF KE�j TiOY Enclosed is the most recent copy of the Memorandum of Agreement for the Kenai Wetlands Planning Project. This copy incorporates appropriate language changes requested during the review of earlier drafts. While vie have not yet been able to review this copy with all of the State and federal agencies, we are confident few, if any, additional changes will be necessary. Attachments B and C are not included in this mailing since you should already have copies on hand. Attachment D is still being worked on and will be sent to you as soon as possible. It is our current understanding that the enclosed MemoranJum of Agreement and all of its attachments will again be considered by the City of Kenai at its January 14, 1980 i City Council meeting. If you have any questions please feel free to call. Sincerely, p Kurt Fredriksson Special Projects Supervisor Office of Coastal Management cc: Kenai Wetlands Working Group ,4 1 01 A_`AA OaStY 4Y•.1fjV�}T ft+CYlLIY A k� • ,... __ .may-�.r..-._.�. _. _.-��—��".�—i.—T'—'�.'s - Mka '�. �� ,t--•i.fti. .:.:«..-i bf".-nh/F"%l. a-.'r--..-c. .. .. _..-'. �. .fj..._ss �,r�l,�'',��.�. r:f%�� lv.- �—__.. .��^�i - Kenai Wetlands 6lorkinc� G►ot� Distribution List Lance Trasky, Alaska Department of Fish and Game, Anchorage Debra Clausen/Hill Donaldson, Alaska Department of Fish and Game, Anchorage Glenn Akins, Alaska Department of Environmental Conservation, Juneau Rikki Fowler, Alaska Department of Environmental Conservation, Anchorage 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 Haggard, Alaska Division of Community Planning, Anchorage William Brighton, Manager, City of Kenai Vincent O'Reilly, Mayor, City of Kenai Gary Davis, Kenai Advisory Harbor Commission 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 Jim Sweeney, U. S. Environmental Protection Agency, Anchorage Bob Butts, Division of Minerals and Energy Management, Anchorage 0 s 1 22 December 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 Alaska Department of natural Resources 'r. r: i. c: f,. i ,fn _ ' J I � 1 41 4F 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 ;a i 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 j basis for permit review and planning decisions, to the extent allowed by law, including the federal guidelines adopted pursuant to section 404(b) of the Clean Water Act. ,- 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. Partial funding -_ for biological studies is provided by the U.S. Fish and 41i1d1ife Service. I - Preamble Wetlands are resources of local, state and national concern and have ..'';. been recognized by the U. S. Congress as possessing important ecological 1 .* and hydrological values. The U. S. Congress has mandated, through ' Section 404 of the Clean I -later Act, that important wetland values and = functions be protected. Congress has required that federal permits be obtained prior to discharge of dredged or fill materials in wetlandsl f I �. �. and other waters of the United States. _ 1 i M1 4 1\ J A high percentage of the land within the City of Kenai is wetlands and falls under the federal jurisdiction of the Clean Water Act. There is ON currently interest in development within the City of Kenai. Conflicts over the proper management of the wetlands within the City of Kenai have emerged. The Alaska Coastal Management Program offers an opportunity for resolution -- of conflicts and exploration of alternative ways to accommodate development , 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 developed under a cooperative process could provide the following benefits: 1. Greater predictability in the permitting process. 2. Shorter review periods for individual permit applications. 3. Identification of any areas within the City of Kenai where certain kinds of development could proceed under general permits2 if appropriate under the 404 program. 4. Accoinmodation and appropriate siting of the primary development needs of the City of Kenai as demonstrated through the planning process. -3- • �t r, -, a h ,6( r� t 5. Assurance of protection of valuable natural resources' - associated with wetlands. b. Potential for local government to use the plan as the basis for a program of land trading to exchange publicly held de- velopable lands for privately held lands identified as having i critical values and being not suitable for development. The goals and benefits of this project are consistent with two of the primary goals of the Alaska Coastal Pdanagement Program: protection of important wetlands values and functions, and resolution of conflicts between competing uses of the coastal zone and different layers of . i government. - The Kenai wetlands planning project will include two phases, which will 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 Introduction {: Each of the state and federal agencies that are parties to this P•t0A has specific authority and responsibility for making determinations about T' wetlands values, as outlined in Attachment A. Information needed for -a- i 1 � II �.�-,:3..::,-�..:.�......, �--•:r,�r%.c�._>.�__�.._..1.� ..�:.��c.:... Wit_:' -_.,. - //...; 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 identi- fied the topics for which information is needed and agreed upon work plans to provide this information. Ecological, biological and hydrological values are addressed. In addition, an assessment of the development needs of the City is needed. Points of Agreement: 1) The area included under the studies and planning process is the wetlands and uplands as agreed to by the group within the corporate boundaries of the City of Kenai. 2) 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 (ACHP). 3) 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. -5- r y `i _ I I i - r � I L 4, r 4) The Department of Natural Resources agrees to carry out the trork outlined in attachment 0 pertaining to the hydrology of the Kenai wetlands, with funds provided by the RCMP. 5) The U.S. Army Corps of Engineers, in conjunction with the Environ- __ _ mental Protection Agency, agrees to designate the areas that fall ! j under its jurisdiction. 6) The five entities mentioned in points 1-5 further agree that results of these studies will be made available to the planning group by January 15, 1982, in a format that the group specifies. , The agencies will regularly inform the City of Kenai and the Kenai .. ' 1 Peninsula Borough of their activities and assist in preparing _ r materials needed for a public information program. 1 7) The state and federal parties agree that a water quality stud; should be conducted. j tiOA agree that the information 8) The state and federal parties to this 9 l f to be supplied through studies outlined in this part (supplemented ! as desired by any information obtained by any agency using its own F "! resources) will be sufficient for the purposes of the planning • process outlined and agreed to in this t10A. All state and federal ;a parties agree to participate in the planning process on the basis of the information available at the completion of studies outline I in this F►OA, unless the planning group mutually agrees that col- lection of additional data is required before or during planning i process. -- -6- I l i S I I f 1 — w.....AsHc��:�.�w.rws, t.ti.; :. t• �.* i� � � � - '_,_ _y:a - _ �-�s.+_..n..�rs... ...:� — 9) The City of Kenai and the Department of Natural Resources agree to obtain information needed for determination of development needs for the study area. Part Two: Planning Process Y • Introduction The planning process to be followed by the parties to this MOA is intended to reduce conflicts over management of the wetlands of the City << I of Kenai. The process must incorporate and balance competing interests within legal frameworks. The goal of the process is to achieve a plan s acceptable and implementable by all parties to this [IDA. J f I Points of Agreement: Jj i I 1) All parties agree that Kenai Wetlands Planning Group, consisting of one representative of each party to this VIOA, will be convened �I within 30 days of the signing of this t10A. The group will undertake the project outlined herein and as further defined by the group. ' Each representative and an alternate shall be appointed directly by the person who is empowered to sign this VIOA. I I I ;.. 2) All parties agree that the Planning Group will define the role of a consultant to coordinate and mediate the planning process. The :l group will undertake steps necessary to hire the consultant. S ,s �o ;j fl r � ya 3) All parties agree to employ their discretionary powers to reach agreement on a plan within legal and policy constraints and agree I to participate in negotiations and mediated sessions, if necessary, to this end. Parties will primarily address areas for which they have expertise, responsibility, and legal authority. 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 MOA objects to it. i 5) All parties agree that the Planning Group will complete its tasks in a sequence and under a timetable agreeable to all parties. b) 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. 1 P 7) All parties acknowledge that provisions of federal regulations provided for in Section 404(b) of the Clean dater Act will be 1 �4...woGt..ao applied during the planning process. These regulations require that development in wetlands subject to the 404 program meet three i tests. First, the need for proposed development must be dernon- `- strated. Second, there must be no practicable alternative to - ! development in wetlands. Third, there must be no significant . adverse effect on aquatic resources. Imo', n 1_ i r j { 8) The state and federal parties agree that every reasonable attempt ,r will be made to accommodate the development needs of the City of Kenai as agreed to and documented by the group, within the limits ?� of law. y, { 'g) The state and federal parties agree that there will be no mora- torium on 404 permit reviews during this project. 10) All parties agree that the wetla nds ands 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 would probably be denied. The plan will document when s f and to what extent 404 and other permit review criteria have been met. The parties recognize that stipulations designed to minimize adverse impacts of projects will often be added during permit review. The plan by itself will not provide the legal authorization i j or denial of a project nor will it supersede regulatory requirements or other legal authorities. 1]) The City of Kenai and the Kenai Peninsula Borough express their ` s intention to incorporate the wetlands management plan into their d, r planning and zoning measures. 12) All parties agree that the wetlands management plan will include procedures for a��.endrrent that involve all parties. r y � , 1 y i 7 tt� m. _ r'a - _ "_ ai:_ Y.r-�. , �.. -.'�' ..:�+ . _ .f•1.. _ _ _ - _ _ — -_ _ __ - _ _ _ emu'=- _ �u. 13) 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: i 1) Prepare and adopt a public participation program. 2) Define the format for presentation of information on resource values collected pursuant to this MOA. 3) Determine the criteria for identification of planning units for II the Kenai wetlands and divide the Kenai wetlands into such units as .,. advisable. :i 4) With available information, develop criteria for assessment of i the relative resource and natural values of the Kenai wetlands. I 5) Classify wetlands within the City of Kenai into categories of j natural value, according to the criteria developed in step four. { i 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 group will decide which projects it believes to be water dependent, water -related, or —t' not tinter -related. - -_--� i 7) Identify areas of the Kenai wetlands in which demonstrated development needs can be located and areas where wetlands will be protected. 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 wilT use it in the permit reviews. 10) Develop mechanisms for amendment of the plan. -11- .J j 56 f 1. r r. Footnotes - 1. For the purposes of the Clean Water Act, wetlands are defined as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include srlamps, marshes, bogs, and similar areas." This definition is from Title 33, Part 322(c) of the Code of Federal Regulations. 2. By regulation, the term general permit refers to "a Department of the Army authorization that is issued for a category or categories of discharges of dredged or fill material that are substantially similar in nature and that cause only minimal individual and cumu- lative adverse environmental impact. A general permit is issued -- following an evaluation of the proposed category of discharges in accordance with the procedures of this regulation and a determination that the proposed discharges will be in the public interest . . ." This definition is found at Title 33, Part 323.2(p) of the Code of Federal Regulations. I n a ATTACHIMENT A LEGAL AUTHORITIES OF PA?TIES TO THE liOA The parties to the Memorandum of Agreement for the City of Kenai Wetlands Planning Project have specific legal authorities that are, as a minimum, j to be addressed during the planning process. State of Alaska Under the provisions of the Alaska Coastal Management Act (AS 46.40.190) and Executive Order 54, all state agencies are to make planning and permitting decisions in accordance with the regulations of the Alaska Coastal Management Program (6 AAC 80) Federal Agencies - The tlational Environmental Policy Act (NEPA) requires that "major federal actions significantly affecting the quality of the human environment" include analysis of environmental impact, alternatives, and other issues. U. S. Army Corps of Engineers - Under Section 404(a) of the Clean Eater Act (P.L. 92-500, amended by P.L. 95-217), the U. S. Array Corps of Engineers, acting in Alaska through the District Engineer, is en -powered to administer the federal program for regulation of discharge of dredged or fill materials into Craters of the United States and their adjacent wetlands. The Corps of Engineers (COE) is to consult with the U. S. Environmental Protection Agency (EPA) i �I iK • 1 . t r i 1 r ,1 I� 1 I 1 v _ � l ' r 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 J also to solicit and consider the comments of the public and of other agencies. ---- Under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the COE administers the permit program for structures or work in or affecting navigable waters of the United States. Under procedures outlined in federal regulation (33 CFR 320), the COE makes determinations ' on permit applications. U. S. Environmental Protection Agency - Environmental Protection Agency's role under section 404 of the Clean Water Act is severalfold. First, EPA is responsible for developing the r - i 404(b)(1) guidelines in conjunction with the Corps of Engineers. Second, EPA is authorized to apply the guidelines and to consult with the Corps on the outcome of their application. Third, EPA has the responsi- ;_;._ bility for approving and overseeing state 404 programs. Fourth, under ." either federal or state programs, the administrator may also prohibit the specification of any wetland area as disposal site for discharge of dredged of fill material. Finally, EPA has enforcement responsibilities _ -- applicable to 404 activities under section 309 of the Clean Air Act. Application of the 404(b)(1) guidelines during the planning process can .n, l ` _ir 1 expedite the 404 permit process, especially if the plan develops adequate information on which 404 decisions can later be based. In particular, if a wetlands management planning process and resultant plan evaluates I j I and identifies discharge sites for dredged or fill material, and the 404(b)(1) evaluative factors were applied then the 404 permitting process should be able to defer to the management plan for evaluation of alternative i disposal sites. ' Upon adoption of a wetlands management plan, there remains one aspect of the 404(b)(1) guidelines which will require a case -by -case review of proposed activities in the management area. Even though the planning process will identify areas where discharges of dredged or fill material can occur while maintaining the balance between environmental protection j and community development, the proponent of a wetlands development activity must demonstrate that the particular activity must be located �- in wetlands or the water area in order to fulfill its basic purpose or that alternatives are not available. That is, just because the planning r�process identifies developable areas in wetlands, a case -by -case review , will be necessary to determine if the proposed activity can be located on uplands rather than in wetlands. The purpose of this individual r - reviews is to reserve the developable wetlands for those activities which cannot be located elsewhere. ' 1 . U. S. Fish and Wildlife Service - - _ Under Section 404(m) of the Clean Water Act, the U. S. Fish and Wildlife Service (USRIS) is required to submit comments to the COE on proposed III` r} A. Imo. W fo I jr ! 7 projects requiring a 404 permit. Under the federal Fish and Wildlife � b Coordination Act, "whenever the waters of any stream or other body of � i water are proposed or authorized to be impounded, diverted, the channel deepened, or the stream or other body of water otherwise controlled or i a a' modified for any purpose . . . under federal license or permit, such R department or agency shall first consult with the USFI-IS . . . with a view to the conservation of wildlife resources by preventing loss of and _ damage to such resources ." National Marine Fisheries Service r Under the federal Fish and Wildlife Coordination Act, as supplemented by the federal Reorganization Plan #4 of 1970, the National Marine Fisheries i '• q Service (UPIFS) is to be consulted by the COE on federal permit actions under the same terms as USF41S. tJI1FS has specific responsibility for `'' living marine, estuarine, and anadromous resources. The Fisheries Conservation and Management Act of 1976 may also apply. Alaska Department of Environmental Conservation Under Section 401 of the Clean slater Act, the Department of Environmental Conservation must certify that the discharge will not violate applicable provisions of the Clean hater Act, state water quality standards, or other 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 I , t i w rT ,f f1 I a 1 ' 7 I� 1 i i L - / plans necessary to achieve appropriate provision for wastewater discharge. r, Alaska Division of Policy Development and Planning - Under the federal Coastal Zone management Act of 1912, as amended, f f 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 Natural Resources - The Department of Natural Resources has proprietary authority relating to the State owned lands and resources within the City of Kenai, many of which are affected by wetlands regulations and plans. The following are relevant DNR constitutional and statutory authorities. Under Article 8, Section 2, of the Alaska Constitution, the Department of Natural Resources is empowered to manage the resources of the State, in the Ir .� best interests of the people of the State. ' r iUnder title 38 of the Alaska Statutes, the Department of Natural Resources f is to provide for the maxinru►p use of State lands while establishing a balance in land managetr:ent for public and private purposes. j 1 i 1 �uJ 1 4 - ,s ,.-..7.. /a „� r.,r,.;.w-.-� . � - . �,' n c-- s 7 � rr. - c. - r . ..�..Lr-�-��w:�.�n.•--.,-r:...-.-.�.+--•�=�'-•___ - _Y _A:z.'� � do A a, t i Alaska Department of Fish and Game Coordination Act, the Under the U. S. Fish and Wildlife state agency responsible for wildlife management, along with the USFWS, is to submit continents to the COE on the probable effects of proposed projects for i which federal permits are required on wildlife. Under Title 16 of the Alaska Statutes, ADFG reviews and makes determinations on proposed activities affecting anadromous streams. i i Kenai Peninsula Borough Under Title 29 of the Alaska Statutues, the Kenai.Peninsula Borough may ! adoat zoning ordinances that restrict "land use, building locations and size . . . the percentage of a lot which may be covered, size of open _ -- I I spaces, population density and distribution (29.33.090(b)). City of Kenai t The Planning and Zoning Commission of the City of Kenai has been delegated the power to prepare zoning ordinances and comprehensive plans by the t Kenai Peninsula Borough. Approval of ordinances and plans is by the - Borough. S= , ' � :�%)I"r_: M�.y. •.,�.r /:rfi►�-a;.. .•. t_ t. in U/ ^. r�i.rwa:..�s-�N �'. � ,{.5...,,. �.Ti '/ _ rr ,.. - �� _ _ - .r'�J. . _. ' --%/6'--..�-r..f�1..�. r. .� "�_r:" i'�:•. , .... -i _ w.4r, ,."!r..]4^w1!.��1 T'l. - .--'r.wrr.�h'^'•.____ s-, ATTACHME?IT B PROPOSAL TO UNDERTAKE A WETLANDS HABITAT VALUE IDENTIFICATION PROJECT FOR THE CITY OF KENAI i -. SUBMITTED TO THE OFFICE OF COASTAL MANAGEMENT `= = UNDER THE ALASKA COASTAL MANAGEI4ENT PROGRX4 J ` BY THE ALASKA DEPARTMENT OF FISH AND GAME ' �1 i S t : Scef So p.oposa J -i i For further information contact: r = Lance Trasky , -- = Alaska Department of Fish and Game 333 Raspberry Road , - -- Anchorage, Alaska 99502 -- Y Phone: 344-0541 f a TABLE OF CONTENTS Page 1.0 INTRODUCTION AND JUSTIFICATION .................................. 1 2.0 PURPOSE AND SCOPE OF STUDY ...................................... 3 3.0 OBJECTIVES...................................................... 3 4.0 METHODS......................................................... 6 i 5.0 TIMIt1G.......................................................... 13 6.0 COORDINATION.................................................... 13 _ 7.0 BUDGET.......................................................... 14 i 8.0 LITERATURE CITED ................................................ 14 r 1.0 INTRODUCTIMI MD JUSTIFICArim i1 ( This is a proposal by the Department of Fish and Game to undertake a f wetlands habitat value identification project for the City of Kenai. One of the major coastal issues in Alaska today is the management of i coastal wetlands. As development pressure on wetlands in the coastal zone continues to increase, the need for site -specific wetlands manage- -- -- f ment policies becomes more imperative. Local government and private f - - interests have a right to expect that wetlands management will occur in a predictable and consistent manner based on clearly established policies specific to their areas, just as State and Federal agencies have a need to know the relative resource values of specific wetlands before specific policies can be implemented. It is to this end that a wetlands habitat r Z value identification project will be directed. A long recognized value of wetlands is the production and/or maintenance of fish and wildlife. The most well known value of the Kenai River is its use by anadromous salmon as a spawning and nursery habitat. The river and adjacent wetlands are particularly important to young coho and neerily emerged pink fry. Prevalent species in the Kenai River include chinook, sockeye, coho, and pink salmon (Gardner and Nickles, 1979). Wetlands immediately adjacent to the lower Kenai River provide valuable habitat for.many forms of wildlife as exemplified by the approximately 15,000 lesser snot; geese that use the Kenai River Flats during their spring migration to 'Wrangel Island, U.S.S.R. (Timm 1969, in Gardner and Nickles, 1979). Although it is knot -in that sandhill cranes and Canada -1- 0 1 geese use this area for breeding and rearing young, quantitative data , has not been systematically collected concerning their wetland habitat j use. Moose are the principal terrestrial mammals occurring near the i mouth of the Kenai River, with greatest utilization during the winter months. Additional species present include black and brown bear, mink, w river otter, wolverine, wolf, red fox, and caribou. Caribou were reintroduced at Watson Lake near Sterling in 1966. A key caribou calving and summer range is found in the wetlands.directly north of the Kenai Airport. � Since reintroduction, limited data have been obtained on the caribou that utilize this area. Wetlands habitat research to date has concentrated ! � on the Kenai River and wetlands immediately adjacent to the river, I -• Information from this limited geographic area is not adequate to manage all the wetlands within the City on a permit -by -permit basis. Resource j M values must be identified on an area wide basis and comprehensive management policies must be developed for specific sites within the area if the interests of both predictability and wetlands conservtion are to be served. 1 Within this context the Department of Fish and Game proposes to undertake a wetlands habitat value identification project which will address the site -specific wetlands habitat values within the City of Kenai. Once these site -specific habitat values have been identified, wetlands can then be grouped into a classification system based on their relative values and their sensitivity to developmental impacts. After the specific and relative values of these wetland areas are identified, the project will conclude with specific policy reconr:endations for each of the wetlands classification, and cohere appropriate, for individual wetlands. -2- .,. .i L, � -•I• �l.! .YGt4�vL.' .w.-.✓.... ... �'�.-...� ��v"V_../.' L'i .-_ /,•ir ^'-�� ..�^ � 4.� I�1.'��yi)l�i i/'!�•:_'1r�..��- • i � 4 - �u ' i . l 0 2.0 PURPOSE ANO SCOPE Of STUDY The purpose of this studl is to identify the habitat resource values of the wetlands lying within the City of Kenai. Habitat resource values will be identified for specific wetlands within the City of Kenai using existing information, on -going USFWS Kenai River studies, and field observations undertaken during this study. Once habitat values have been identified for specific wetlands within the City of Kenai, these wetland areas can be categorized according to their relative value. The final step will be to provide management recommendations for these wetland areas. The study area will include all of the wetlands lying within the City of Kenai as identified on the National Wetlands Inventory Maps. Because wetland's functions do not recognize municipal boundaries, wetlands which are contained only partially within the city boundaries will be considered in their entirety. 3.0 03JECTIVES This proposed study has four main objectives. 3.1 To collect and synthesize existing wetlands habitat information for the City of Kenai using all existing knowledgeable sources including agency personnel and 16cal residents. -3- i i a i) .1 • Y"�r 3.1.1. leap and describe knovin mammal use of the wetlands i within the City of Kenai. Special attention will be paid to information regarding caribou and moose. Those wetland areas j for which little is known about mammal usage will be identi- fied for further study. 3.1.2. ttap and describe known waterfowl and shorebird use of - ` the wetlands within the City of Kenai. Special attention will be given to on -going USMS field studies in the area. Those I wetland areas where little is known about waterfowl and shorebird use will be identified for further study. - -= - 3.1.3. idap and describe known fish use of the wetlands within the City of Kenai. Special attention will be paid to J information.regarding anadronous fish use of wetland habitats. Those wetland areas where little is known about fish use will ' rl be identified for further study. i i 3.2 Conduct field observations in those wetlands areas identified under Objective 3.1 as requiring further habitat value research. I 3.2.1. Identify mammal us^ of those specific wetlands within ` the City of Kenai where adequate information is not already 1:. } available. This information will be collected through seasonal field observations, including documentation of wintering concentrations and spring calving areas. Determine caribou - -4- 4 � � 1 t � 9 - •i 1 and rmose abundance and distribution within the City of Kenai. Determine seasonal movements of caribou and noose and identify calving and breeding areas. Determine wetland habitat utilization on a seasonal basis for caribou, moose, black bear, and small forbearers. 3.2.2. Identify waterfowl/shorebird use of those specific wetlands within the City of Kenai where adequate information is not already available. This information will be collected through seasonal field observations, including documentation of fall and spring migration periods and spring/summer nesting. Determine what species are found in major wetlands habitats within the City of Kenai. Estimate the abundance of each species. Designate wetland habitats of major importance to birds on a seasonal basis. 3.2.3. Identify anadromous fish use of those specific wetlands within the City of Kenai where adequate information is not already available. This information will be collected through seasonal field observations of rearing habitats. Identify, and if possible, quantify fish usage (salrmon, trout, grayling) of the wetlands habitats within the City of Kenai on a seasonal basis. Characterize wetland habitats used by fish. Designate are tl a nds habitats of importance to fish on a seasonal basis. 101 -5- w �i 4 .. j E 0 0 3.3 Identify the relative habitat values of the wetlands within ' the City of Kenai based upon information collected through conpletion of Abjectives 3.1 and 3.2 above and through on- going USF11S field investigations in the Kenai River corridor. 3.3.1. Establish a workable system of wetlands classification 1 which will identify relative habitat values for the purposes -_--.- of efficient, enviromentally sound, wetlands management. 3.3.2. Classify the wetlands within the City of Kenai on the j basis of their relative habitat values. The relative habitat I v values of the these wetlands will be determined on the basis i of their importance to mammals, birds, and fish. 3.4 Provide management recommendations for the categories of r wetlands identified in Objective 3.3. Where appropriate, specific reconinendations will be provided for specific wetlands within the City of Kenai. The development of a COE general • permit for specific uses and activities in specific wetland areas will be considered. r qIN 4.0 14ETIIODS 4.1 Mammals ,I 4.1.1. Radio -collar tracking �.�-,x.,^?^--�-..-, _ To identify seasonal distribution and wetland habitat utilization by caribou, ongoing telemetry studies will be supplemented by I the addition of five radio collars to animals in the wetlands J area. Herd size, distribution, wetlands use, sex and age composition, and changes over time will be assessed by seasonal relocation of radio collared animals. J 4.1.2. Aerial Surveys i Surveys will be flown to determine sex and age composition and .-- to determine seasonal movements and winter range delineation of caribou and moose. 4.1.2.1. Seasonal range, Migration corridors, calving areas, and rutting areas will be identified. wetlands r � vegetation types utilized by caribou and moose during different phases of the annual cycle will also be recorded. _ o., Caribou and moose will be classified into sex and age categories seasonally (winter, spring, summer, fall). Emphasis will be placed on sex and age classification °f during the post calving aggregation and rutting phase. 4.1.2.2. Seasonal movements, winter range delineation, I' and wetland habitat usage will be monitored by routine .� aerial surveys flown in a Piper Super Cub or Cessna 180. A spring photo census will be used to supplement monitoring j -7- 1 a , ---�--__.... _ - --.-.--,.-._: •�%r. .. � ... ,-�. �)�.�.,. �a--.-ram., .�-�. _...•. ..T.. surveys. Ground counts will be used when caribou are in accessable locations. A 15X-60X spotting scope will be used to improve ground classifications. 4.1.2.3. Fall aerial moose composition surveys will be conducted using a Piper Super Cub to determine population status and trend and to indicate wetlands habitat use. 4.1.2.4. Observations on black bear and small furbearers will be recorded. 4.1.2.5. Total caribou and moose herd size will be estimated from the results of sex and age composition aerial surveys. 4.2 Bi rds 4.2.1. Aerial Surveys r Surveys will be flown to locate critical areas and provide seasonal use data on these areas and to estimate abundance. 4.2.1.1. Surveys trill be flown twice during the fall migration period, once during the winter period and twice f during the spring migration period. Transect lines will r_ follow east -west survey area section lines. Surveys will be conducted in a Cessna 135 at 100elevation, and at a I � 1 —_ -1 Yst �'. _ _' l:l •I+•SY: _ _ - - .":¢_� __ _ � - _ - —� _�� •-.�8s'auaar--.�... v.w.y...`C -�-:i �_ groundspeed of 90 mph. Two observers, each covering 1/3 e; !� mile viewing area, will participate. Species caaposition and abundance will be recorded by location. i 4.2.2. Site -specific Aerial Surveys j Surveys will be flown to determine abundance in previously determined high use habitat, i.e., snow geese staging area, and to plan logistics for ground surveys. Species caaposition and abundance data will be recorded by location. 4.2.3. Ground Transects • Ground transects will be established to obtain estimates of i abundance of the species occuring in habitats surveyed. 4.2.3.1. Survey areas will be established utilizing existing one square mile sections on the USGS Y.enai Quad map. 4.2.3.2. Within each section, three, one smile long 1 transects oriente►� in a north to south direction will be s randomly established. f l ' - - I 4.2.3.3. Individual transects will be censused at least �i once during the fall and spring Migration periods. J �o t 1 -9- I I. 1• 4.2.3.4. Line transects will be defined by markers and walked by two observers. Observations will be made on species, abundance, and distance of observation from transect line. Behavior will also be noted. This method uses the lateral distribution pattern of all detection points for each species to derive coefficients of detectability with which ground transect counts can be converted directly to density values in terns of birds/area. j 4.3.1. Wetland Stratification i 4.3.1.1. Using aerial photographs, maps, and field j reconnaissance, identify and quantify the following types of habitat in the study area: -I 4.3.1.1.1. Discernable free flowing stream drainage including Beaver Creek, various small streams draining wetlands, and tributaries of the Kenai River and Beaver Creek (highest possibility of fish usage). t 4.3.1.1.2. 1•letlands with standing water and direct P•f . S' connections with streams known, or likely to support anadromous fish (moderate probability of fish usage). If ,f 4.3.1.1.3. Wetlands located in flood plains of . j anadromous streams (love probability of fish usage). r-- 1 r ,i 'J 1 , A. i - 'R f � 4.j.1.1.4. Wetlands with sufficient standing water � to support fish, but (a) not in flood plains, and -- ^ (b) no direct connection with anadromous streams (unlikely fish usage). 4.3.1.1.5. Wetlands without standing water (no likelihood of fish usage). - 4.3.1.2. Prepare a 40 acre sampl i ng grid for each type of i wetlands in study area. 4.3.2, Sampling Plan ' 1 4.3.2.1. Streams -__ Sample all streams and tributaries from headwaters to mouth. 4.3.2.1.1. Sampling period summer June 1 - freezeup _ (Every 4 mile or less) electrofish 100 yards of = each stream. Record number of fish captured • •I - per/shocking minute. Set 1/8" McGee rii nnor traps baited with salmon eggs, check every two days. Record number of 1 fish captured per trap hour. . t ' _ WI}%' ..;,.. �4+rtl�W►.K,YJht.'�'a6l,��fTit�.-^►y!'S'c� :'.^.�S;S'�2t}�: ��:�/jr.�rl� : v ... { - I • • . . • - .'ram►+vf••�•'. ... • • ..�..... `• - .- .... v .. �.. .. . • - -. �. � r�.� • • l • .... r/ •. .. •... - � � ,1. 1 c 9- ' { i \' . `- i _ - �- .._ T -!- "�r,S_� -Y.>:�'.l .y«-�� r � r n .'...firs-- . ✓..'_r i �, ..rr �.r.wrwr.-..r �-we�rr "- - �{\.a��-��`.'Js, ':. ��.is. 4.3.2.1.2. Fall outrtigration -October-povember - -7 simple stream mouths using electro shocker, seines + and traps to determine presence or absence of fish in system. Serves as check on summer sampling. 4.3.2.2. Wetlands I with direct stream connection Begin subsample of wetlands (Type 1) and standing %ater along stream. Sample twice annually, once during high water period (shortly after breakup), and a second time between June 1 and freezeup. i i 4.3.2.2.1. Randomly select and mark a one acre subsample of each 40 acre sampling plot of wetlands. Visually determine if sufficient water is available for fish use. i 4.3.2.2.2. Electro shock 1 acre of wetland habitat per 40 acre sampling location or portion thereof. Record number, species, etc., of fish captured per shocking minute. Take samples for age, length, and weight analysis. { 4.3.2.2.3. Set five mi nnc•:v traps baited ai th sal non f- eggs per sampling location. Check after two days. Record number and species captured per trap hour. i 4.3.2.2.4. Record victldn—ts ..-pe, take pictures and samples of vegetation for la:sr identification. Record water depth, teiperat::re, dissolved oxygen level, pfl, conductivity, and air temperature. 5.0 T114IPIG The proposed wetlands habitat value identification project for the City of Kenai will be conducted over a fourteen r.onth period beginning in 1980 and ending 1981. Starting date is deren, ent upon receipt of funds. Collection of available wetlands habitat value infon.ation will commence immediately. Periodic field observations will begin as scheduled and continue through the field season. Classification of relative wetlands values and development of management reconrendations for these wetlands will occur after field observations have concluded. 6.0 COORDINATION A vital aspect of this study will be a close .:irking relationship between : the Department of Fish and Game, the U.S. Fish and Wildlife Service, Army Corps of Engineers, National Marine Fisheries Service, other concerned State and Federal resource agencies, and the C:ty of Kenai. Integration of the results of U.S. Fish and 'Wildlife Sarvi:e vegetation and nesting bird surveys will be assured. Because the ult`.-aate purpose in undertaking this wetland habitat value identification pro -act is the successful i development and application of a :wetlands :-ar..:_--nent plan for the City -13- f - ,f • I r 1 1 1 _ Y.F L«:� � _.L, ,. «__.' .� .:. �..;..-�".e ��.;�:' _ - ,R- •r•i-- -1� __ .tea.- :x- - —_- vs�.Tarr F.�.,..r--�-•�� -_ Rz �- ,. nw-� r.. . vim. , r_ _l'r - -x "- c s;a��•' I � of Kenai, canmunication amongst resource agencies and the City of Kenai i will continue to be one of the Department's priority concerns throughout the duration of this project. Also critical to the success of the project will be the availability of hydrological information on the wetlands within the City of Kenai. Hydrologic values as well as habitat values must be identified before management recosmendations can be fomtulated. It is hoped that any hydrological studies deemed necessary can also be conducted simultaneously to facilitate the development of a wetland's management plan for the City of Kenai. 7.0 BUDGET The project budget is presented in a series of ten tables. A figure showing anticipated project mileposts is attached. 8.0 LITERATURE CITED Alaska Department of Fish and Game (ADFZG). 1974. Alaska's wildlife and habitat. Funded by Federal Aid in Wildlife Restoration Funds, 144 pp. ' 1 ,7 r 1 I Gardner L. and J. flickles• 1979. Kenai River flats - A proposal for designation as an area meriting special attention. A report to the Alaska Office of Coastal fianagem.ent anti Kenai Peninsula Borough. 69 pp. -14• J • I zi A Redfearn, D. 1979. Memorandum on proposed Kenai River Flats /6'•1SA. U.S. Fish and Wildlife Service, Refuge Operations Supervisor, I. Anchorage, Alaska. 2 pp. Timm, D.E. 1979. Memorandum on snow geese on r4naiRiver delta. Alaska Departnent of Fish and Garle, Game Division, Anchorage, Alaska. VE _. ..... .- ,�.... _a.. ... ..-. -....,.. a.n•.-�rt.ry.. _air _ — :-�C-..hr, - ATTACHMENT C :. =I United States Department of the Interior PISI I ANI> WlLMAIT SERVICE IN REPLY REFER TO: Western Alaska Ecological Services f 733 W. 4th Avenue, Suite 101 ` I Anchorage, Alaska 99501 (907) 271-4515 OCT 1;iafl Murray Walsh, Coordinator iOffice of Coastal Management Pouch AP + Juneau, Alaska 99811 i Re: Kenai Wetlands Project Dear Mr. Walsh: Attached is an outline of the work which the U.S. Fish and Wildlife Service (FWS) will fund and conduct in the Kenai area relevant to the j Kenai Wetlands Project. This will be a continuation of work which we began this year. Our study will compliment but not overlap the Alaska Department of Fish and Game study proposal. Our work in 1981 will con- Centrate on habitat studies throughout the Kenai River Corridor. Water - bird density and distribution studies -will be done in the corridor outside , the Kenai city limits. Our field studies within the Kenai city limits will be completed by December 1981. Wetlands in the Kenai area have been mapped by our National Wetlands _ _ Inventory Project. The map products are mylar overlays for the U.S. Geological Survey's (USGS) 1:63,360 maps. Our maps are preliminary and subject to change. The maps do not indicate the regulatory jurisdiction exercised by the Corps of Engineers nor do they attempt to establish i wetland values. I Additionally, the FWS is conducting an anadromous fish study of the [ mainstem Kenai River, including portions of the larger tributaries. This study will more precisely determine salmon spawning and rearing habitat. As part of this project, we funded a USGS hydrologic study which is , I nearing completion. Field work for the fisheries investigation will be completed in 1981. Results of this study will complement the fisheries work proposed by the Alaska Department of Fish and Came in tributaries to the Kenai River and in wetlands. ` Sincerely, • I Field Supervisor { TIT - Attachment rr�i; 3��,`13tii1 f L> I - -- - -- - _ cc: AOES, MAES ADT &C -Clausen %a OCT ;?; i°Sq - - _-_ MI1:S - Hemming _ CP. - Boardman f.i EPA - Lawrence ADEC - Fowler = AM - Uilson, Alleley x TJtle: Watrrbil'd Utilization of t.'ctlailds on the KI•nal Peninsular, 1911 - Uutlitie: i. introduction The corridor i,f private land surrounding the Venaai River and extend- ing from the river mouth to its outlet at 5kilak Lake (see Fig. 1) is threatened by residential and recreational development. The U.S. Fish and Wildlife Service is responsible for reviewing section 404 permit requests for developments affecting wetlands in this corridor. . Data on wetland types and waterbird utilization necessary for adequate decisions on pernit requests are lacking. 11. Objectives A. Analyze data collected during the 1980 field season and collate information from other studies on wetland types and bird utili- .�1 nation of the Kenai Peninsula. B. From data collected in 1980, WeLlands will be classified to dotwinant vegetation types and dclinc:ted within the study corri- dor by refining National Wetland Inventory maps, C. Representatives of each wetland type will be surveyed for bird utilization during spring, ::u ^ter and fall. The degret: of sampling for each wetlatid tylit• ::ill bo de•terrlltte•d by the 1101-4-I tlt i area of each type in the: corridor. <�' F U. Food and habirar need: of nigratinr :::ecr, cattafla and white - fronted geese will be de•ter:sined on the Kenat£ fi"lts dur£ul; { April, 1931 _ I11. Specific Rc•se:lrch Propo!. A. A 1980 field report will be,prepared presenting, rc::ults ^I of the L':;i"»a Kc•natt vellat,lu iflort .and iacorpuratilly- results of 1 ---' - 1 other wiltl11fe :and vetlanll studll": Uil *,IIC Kona.. 1%.:111iisula. 1. L Fy t� t - t , c, a js i i i 'f ' , I j, - - - - - 81/ -.7 � ' - ,r? - Y's,1 . ]A rev- a'. !i - t r - _ • - "- " - y - f_ _ .y. ^/L"'—._.in> .'='^'� •—•��r�iY�». v _ _ ca/ .�.rw•..arw,.....-...rdr•.r __ 1 _ L'. Idttl.ln:! t1,�'e: will h� ,irtl?r:nirn.,I tl',,:•a,i.,t.l r„ 1 Iltt'tt•d d,lt[Ill., thv I 19-RU field season. 1S3tic+taa1 i,'�•tla,:,l lnv�ntnry ::,;ap, V/11.1 be used to identify wetland area:: to suba-latis i-evt•1, then refined with I 19,80 data. Additionally, previously developed wetland scl,L.Mes for the Kenai wetlands will be incorporated in a description of wetland types with clearer biological implications. Wetland types within the study corridor will be mapped and per cent area for each type determined using 1975-I976 true -color. low-level, aerial photography. + C. Beginning in April of 1981, selected wetlands will be surveyed i _ I 1 to determine waterbird utilization during spring, summer and - , fall. Survey techniques will vary with wetland types. hakes j .-I f and ponds will be surveyed from the shoreline by boat. Marshes - and bogs will be surveyed on foot using plots of one -eighth l: 1 s mile2. Aerial surveys -will he conducted periodically. Observa- tions of other wildlife species, particularly large mammals and furbearers. will be recorded. i D. Weekly counts of migrating snow, Canada. and white -fronted geese I on the Kenai flats will be conducted by state and federal person- J nel during April. Locations of feeding geese will be recorded � and ut 11 Izat ton of d1 f ferunt h•sbl t •at typl•:t will bu d.•tvs.:ltnl• 1 ' ;a from direct observation and dropping plots. Food :;peciet; will be determined from direct observation, analysis of moan droppings, r` and ttte e-tablishment of rxclosures to prevvitt „ra: £ng. i , r` 1 1 _ i 1 +{ 1 1 T ;l F, 22 December 1980 Memorandum of Agreement for Kenai Wetlands Planning Project - { I 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 ::,.. Alaska Department of Natural Resources i •1 ' f: t I E 'w , " l ;tom° •'~ •+ f 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 MCA 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 and planning decisions, to the extent allowed by law, including the federal guidelines adopted pursuant to sectionr404(b) of the Clean Water Act. The project outlined in this MCA 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. Partial funding for biological studies is provided by the U.S. Fish and Wildlife Service. Preamble Wetlands are resources of local, state and national concern and have �i been recognized by the U. S. Congress as possessing important ecological i and hydrological values. The U. S. Congress has mandated, through -- Section 404 of the Clean Water Act, that • important wetland values and functions be protected. Congress has required that federal permits be obtained prior to discharge of dredged or fill materials in wetlandsl and other waters of the United States. 1 -2- 1 `f 9 st , F , I � f i _ r 1 LA r A high percentage of the land within the City of Kenai is wetlands and falls under the federal jurisdiction of the Clean Water Act. There is currently interest in development within the City of Kenai. Conflicts over the proper management of the wetlands within the City of Kenai have emerged. The Alaska Coastal Management Program offers an opportunity for resolution of conflicts and exploration of alternative ways to accommodate development . 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 plafi for management of the City of Kenai's wetlands developed under a cooperative process could provide the following benefits: 1. Greater predictability in the permitting process. 2. Shorter review periods for individual permit applications. 3. Identification of any areas within the City of Kenai where .certain kinds of development could proceed under general permits2 if appropriate under the 404 program. 4. Accommodation and appropriate siting of the primary development needs of the City of Kenai as demonstrated through the planning process. -3- 1 - i Ilk JF S. Assurance of protection of valuable natural resources* associated with wetlands. 6. Potential for local government to use the plan as, the basis. for a program of land trading to exchange publicly held de- velopable lands for privately held lands identified as having critical values and being not suitable for development. 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 governient. The Kenai wetlands planning project will include two phases, which will 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 Introduction 96 5 Each of the state and federal agencies that are parties to this MOA has specific authority and responsibility for making determinations about ------- wetlands values, as outlined in Attachment A. Information needed for -4- T, J7 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 identi- fled the topics for which information is needed and agreed upon work. plans to provide this information. Ecological, biological and hydrological values are addressed. In addition, an assessment of the development needs of the City is needed. Points of Agreement: 1) The area included under the studies and planning process is the -_- wetlands and uplands as agreed to by the group within the corporate boundaries of the City of Kenai. 2) 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 (AC14P). 3) The U.S. Fish and Wildlife Service agrees to carry out the work outlined in attachment C pertaining to habitat values of the City F of Kenai wetlands, using funds made available by the U.S. Congress. 7 t . - 4) The Department of Natural Resources agrees to carry out the work outlined in attachment 0 pertaining to the hydrology of the Kenai wetlands, with funds provided by the RCMP. 5) The U.S. Army Corps of Engineers, in conjunction with the Environ- 1 mental Protection Agency, agrees to designate the areas that fall under its jurisdiction. 6) The five entities mentioned in points 1-5 further agree that results of these studies will be made available to the planning group by January 15, 1982, 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 J,S 1 ' materials needed for a public information program. H 1 7) The state and federal parties agree that a water quality study o should be conducted. ' 8) The state and federal parties to this MOA agree that the information , i to be supplied through studies outlined in this part (supplemented , as desired by any 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 140A. 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 col- - - - - .... • •lection.•of•. additional data, is requi red before arN •ditriag' plaFtinirtg. Process. - --- --- --- -: � -6- a .0 i Pw :!', 9) The City of Kenai and the Department of Natural Resources agree to obtain information needed for determination of development needs for the study area. Part Two: Planning Process Introduction The planning process to be.followed by the parties to this MOA is intended to. reduce conflicts over management of the wetlands of the, City of Kenai. The process must incorporate and balance competing interests within legal frameworks. The goal of the process is to achieve a plan acceptable and implementable by all parties to this RDA. Points of Agreement: 1) All parties agree that Kenai Wetlands Planning Group, consisting of one representative of each party to this MOA, will be convened within 30 days of the signing of this MOA. The group will undertake r r'= the project outlined herein and as further defined by the group. Each representative and an alternate shall be appointed directly by the person who is empowered to sign this MOA. i JLA I 2) All parties agree that.the Planning Group will define the role of a consultant to coordinate and mediate the planning process. The '-group wilt` -undertake'steps- rrecestary to -hire the consultant: - =- r- 1 a 1 3) All parties agree to employ their discretionary powers to reach agreement on a plan within legal and policy constraints and agree to participate in negotiations and mediated sessions, if necessary, to this end. Parties will primarily address areas for which they y have expertise, responsibility, and legal authority. 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 MOA objects to it. 5) All parties agree that the Planning Group will complete its tasks in a sequence and under a timetable agreeable to all parties. 3 . 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. 7) All parties acknowledge that provisions of federal regulations provided for in Section 404(b) of the Clean {later Act will be applied during the planning process. These regulations require that development in wetlands subject to the 404 program meet three . tests. First, the need for proposed development must be demon- strated. Second, there must be no practicable alternative to .. -. - •development-In•wetlandss-i"•Thir4,- there•must"be•no-signifieant " • . adverse effect on aquatic resources. I�id'7r'I►..!.��.%/��4":�bSisui!t'K►f'%%lt'Obi!'�7•�5�,�•�R�I.d-�•thti-�4�f+r'b•YI'!• i':.yIA-L:.•r�.•:f �•:~•�.•.�•i .>:�..•.a".f� .::t*{•. r:'►f':sri'�U:�%n —g— e L m 'Wit lo 8) The state and federal parties agree that every reasonable attempt will be made to accommodate the development needs of the City of Xenai as agreed to and documented by the group, within the limits. of law. 9) The state and federal parties agree that there will be no wora- torium on 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 wrilfbe reviewed for consistency with the plan. Those activities which are consistent will normally be approved while those that are not consistent would probably be denied. The plan will document when and to what extent 404 and other permit review criteria have been met. The parties recognize that stipulations designed to minimize adverse impacts of projects will often be added during permit review. The plan by itself will not provide the legal authorization or denial of a project nor will it supersede regulatory requirements or other legal authorities. 11) The City of Kenai and the Kenai Peninsula Borough express their intention to incorporate the wetlands management plan into their planning and zoning measures. ' - ' ' . . . ' �^ � ' / | 4 ^ 1 ' ] . . 1 Y / � ' ^ ` � ' x | ` � " ^ ' 1 13) 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. 3) Determine the criteria for identification of planning units for the Kenai wetlands and divide the Kenai wetlands into such units as advisable. 4) With available information, develop criteria for. astessment 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 four. ' 61 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 group will decide which ftdjects it believes to'be water dependent, water~ -related, or "not water -related. ` ��Ti�ii �.l:'f•!iri.v.+/S�fJ��.:�+•'.i�J.:•%''Lc r.: ��:L .•�d(.••...i.•T. ?•i 'Jr.�;: i� .. •2 :...: is f.�. „ ... a: , .+ w. 1 . c :f t ' 1 � 1 • i 1 ' I ti 0 7) Identify areas of the Kenai wetlands In which demonstrated development needs can be located and areas where wetlands will be protected. 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. -11- Footnotes - - I. For the purposes of the Clean Water Act, wetlands are defined as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation - typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bo s and similar areas." This definition is from Title 33, Part 322?c3 of the Code of Federal Regulations. 2. By regulation, the term general permit refers to "a Department of the Army authorization that is issuer fora category or categories of discharges of dredged or fill material that are substantially similar in nature and that cause only minimal individual and cumu- lative adverse environmental impact. A general permit is issued following an evaluation of the proposed category of discharges in accordance with the procedures of this regulation ... and a *determination that the proposed discharges will be in the public interest . . ." This definition is found at Title 33, Part 323.2(p) . of the Code of Federal Regulations. 9 I_-, fir. •/ . . . . . _ • . , fw ... - • ,'J; . .. .. • .. • .. 'I,•.Y • .l: .... ,••/.• .. M • ,. _ "� - f 4• I ,. ___ w, 771: -1 - r From— n-t A-,,J I I 1l Date: To: LAtiA Our Project No. - L,66a /,/' IF MATERIAL RECEIVED IS NOT AS LISTED, PLEASE NOTIFY US AT ONCE Attn: Re: I rildi Parlyr -- . - WE ARE SENDING YOU ATTACHED O UNDER SEPARATE COVER VIA O SHOP DRAWINGS O TRACINGS p PRINTS p CATALOGS Mr-100CUMENTS O COPY OF LETTER p SPECIFICATIONS p COPIES DATE ITEM 1 9' pes vt1 r RECEIVED DEC 2:,1980 Illy LEGAL OEPT. 4 OF KENAf J 1 !i J' I - -I ;.. 'I ! r REMARKS : • .� r �':' �� '�"e• Ctyt� �, a�f�t'b/.�r 6L !�h°YK FORM 6 COPY TO REV 3177 j A r � J I 1 1 AGREEMENT TO FURNISH ENGINEERING SERVICES TO THE CITY OF KENAI FOR THE KENAI HARBOR STUDY AND DESIGN For the consideration hereinafter set forth, the firm of CH2M HILL NORTH- WEST, IN.C., a professional engineering corporation, hereinafter referred to as the ENGINEER, agrees to provide engineering services to the City of Kenai, Alaska, hereinafter referred to as the OWNER, for a PROJECT generally described as study and design of a small boat harbor, dry harbor, and related facilities, and bluff erosion study as more particularly described In a Preliminary Feasibility Study dated April 1980 and CH2M HILL proposal dated September 22, 1980. ARTICLE 1. The ENGINEER agrees to provide all required engineering and related services to complete the OWNER'S PROJECT. These services shall include those indicated in Scope of Services. A. SITE SELECTION STUDY 1. Evaluate maximum of three sites recommended by the OWNER, recommend selection, and provide conceptual layout of the harbor facilities. 2. Provide budget level cost estimates of proposed facilities. 3. Meet with representatives of the OWNER when requested and necessary, for consultation, conferences, or workshops In regard to the site selection (maximum of six man visits). B. BLUFF EROSION STUDY 1. Compile and summarize available existing data relevant to the bluff erosion problem from the Kenai River mouth to the Kenai Packers cannery. 2. Map bluff topography and geology. Use existing photography. 3. Analyze potential slope stabilization techniques; provide order - of -magnitude cost estimate for bluff stabilization. 4. Prepare a report identifying obvious hazardous areas and summar- izing the potential impacts of slope instability. r A detailed geotechnical drilling investigation of the bluff area Is not Included within the scope of this study. C. DESIGN SERVICES 1. Furnish survey, mapping, and/or photogrammetric personnel and equipment required to obtain field information necessary to prepare satisfactory drawings and specifications, easements, and property and rights -of -way descriptions for the selected concept. 2. Furnish personnel and equipment required to perform subsur- face explorations necessary for determining geologic foundation and/or construction conditions. 3. Conduct sedimentation, Ice,. and hydraulic studies. 4. Prepare a predesign report recommending location, general layout, aesthetic considerations, and related matters with cost estimate, and discuss the recommendations and cost estimate with representatives of the OWNER. S. Prepare environmental assessment of approved plans using existing available enviroe—nmnta�aata, appear at public hearings (maximum of two), and prepare public information documents • and displays connected therewith. An environmental impact statement is not a part of the design services, and, if neces- sary, will be prepared under Section E, OTHER SERVICES, paragraph 4.c. 6. Prepare bidding documents, construction plans, specifications, and estimates of cost, as customarily made available for con- struction of this type of project, based on the approved pre - design report. Furnish a maximum of 100. copies of contract documents for bidding purposes. 7. Process documents with appropriate regulatory agencies. S. Meet with representatives of the OWNER when requested and necessary for consultation or conferences in regard to design of the PROJECT (maximum of six man visits). If additional visits are necessary, they will be performed under Section E, OTHER SERVICES . 9. Provide general information in regard to the PROJECT and consult with the OWNER or those designated by the OWNER to prepare necessary agreements, such as those for rights -of -way, easements, land purchase, and applicable federal and state grant applications. 10. Furnish sufficient copies of plans, specifications, and documents for obtaining project approval (maximum of 20 sets). 27:ee: 2 e - e r 11. CoordinatR all teat borings, subsurface exploration, or other Investigations which may be required for design of the PROJECT. D. FINANCIAL PLAN 1. Develop plan that contains specific economic, financial, and implementation recommendations. E. OTHER SERVICES • 1. Prepare sufficient additional copies of approved plans, specifl- cations, and bidding documents as are necessary for project -approval, bidding and subsequent construction and, if requested by the OWNER, provide document mailing and pre -bid services. 2. Furnish legal descriptions of all easements, rights -of -way, and property required for the PROJECT- and provide personnel to assist the OWNER or those designated by the OWNER to obtain easements, rights -of -way, and property. 3. Provide Information to and assist legal, financial, or other consultants engaged for the PROJECT. 4. Provide assistance or complete service in the completion of the following elements and any others necessary to a state and/or federal grant offer on the PROJECT: a. Assistance in preparation of of state and/or federal grant applications and supporting documents. ' b. Submission of routine reports, other than for partial payments, required by state and/or federal grants. c. Preparation of environmental impact statement, appearances at public hearings, preparation of public information docu- ments and displays connected therewith. S. Prepare necessary permit applications. 6. Observe factory or field tests of equipment or facilities, and furnish the personnel and equipment required for such obser- vation and report the results thereof to the OWNER. 7. Attend conferences, meetings, or site visits in excess of maxi- mums Indicated in Sections A and C. ARTICLE 2. As consideration for providing the services enumerated in ARTICLE 1, the OWNER shall pay the ENGINEER: 1. For SITE SELECTION STUDY, BLUFF EROSION STUDY, DESIGN SERVICES, and FINANCIAL PLAN, as enumerated In ARTICLE 1, lump sum amounts for each portion of the project as follows: 27:ee: 3 J.' ITEM Site Selection Study Bluff Erosion Study Design Services Financial Plan LUMP SUM AMOUNT It is further agreed by the parties that, if the study and design services covered In this Agreement have not been com- pleted before January 1, 1982, the basis of payment will be renegotiated for changes in the cost of services. 2. For OTHER SERVICES, as enumerated in ARTICLE 1, and for additional services not specifically provided for hereinder, a lump sum amount or the amount of the ENGINEER'S HOURLY salary costs expended for the services, plus direct expenses In connection therewith. The current 1981 hourly rates are Included as Attachment A. Payment for each service shall be negotiated at the time each service Is authorized. ARTICLE Payment to the ENGINEER as prescribed In ARTICLE 2 is to be made within 30 days after date of billing services rendered or the ENGINEER'S estimate of work accomplished during the previous month. ARTICLE 4, It is further mutually agreed by the parties hereto: 1. That, the ENGINEER will not begin work on any of the services listed in ARTICLE 1 until the OWNER directs him In writing to proceed. 2. That, the OWNER shall make available to the ENGINEER all technical data in the OWNER'S possession, including maps, surveys, borings, grades and lines of streets, pavements, and boundaries, rights -of -way, and records, reports, and other Information required by the ENGINEER relating to his work. 3. That, the estimates of cost for the PROJECT provided for herein are to be prepared by the ENGINEER through exercise of his experience and judgment in applying presently available cost data, but It is recognized that the ENGINEER has no control over cost of labor and materials, or over competitive 27:ee: 4 I y - J 1 - i t fI i I --,Soo - — LLL III • i i. i I I I 4. S. 6. 7. S. S. 27:ee: bidding procedures and market conditions, so that he cannot warrant that the project construction cost will not vary from his cost estimates. That, the ENGINEER's direct expenses are defined as the costs incurred on or directly for the PROJECT, other than 'the Salary Costs. Such direct expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for Items provided by the ENGINEER. Direct expenses shall Include, but not be limited to, necessary transportation costs, including mileage at the ENGINEER'S current rate, meals and lodging, laboratory tests and analyses, computer services, magnetic card or disk typewriter services, telephone, printing, and binding charges. When technical or professional services have been furnished by outside sources, an additional S percent of the cost of these services shall be added for the ENGINEER'S administrative and continuing PROJECT responsibilities. That, when the OWNER directs that competitive bids be taken for construction on alternative design, where this involves the preparation of designs, plans, and specifications for alter- native facilities, the compensation to the ENGINEER shall be an additional payment to be negotiated at the time the OWNER directs that alternative designs, plans, and specifications be prepared. That, in soils investigation work and in determining subsurface conditions for the PROJECT, the characteristics may vary greatly between successive test points and sample Intervals. The ENGINEER will perform this work in accordance with gener- ally accepted soils -engineering practices and makes no other warranties, expressed or Implied, as to the professional advice provided under the terms of this Agreement. That, the ENGINEER Is to furnish the field survey crews and drilling crews only as requested or approved by the OWNER. That, If payment of the amounts due as prescribed In ARTICLE 2, or any portion thereof, is not made within the period specified In ARTICLE 3, interest on the unpaid balance thereof will accrue at the rate of one percent per month or the current bank borrowing rate, whichever Is greater, to the maximum . allowed by law, and become due and payable at the time said overdue payments are made. That, if any portion of the PROJECT covered by this Agreement and designed or specified by the ENGINEER shall be suspended, abated, abandoned, or terminated, the OWNER shall pay the ENGINEER for the services rendered for such suspended, abated, abandoned, or terminated work, the payment to be based insofar as possible on the amounts established in this Agreement or, where the Agreement cannot be applied, the payment shall be on the basis of the amounts for OTHER 5 1 :l I • s- II - I 1 SERVICES, as prescribed in ARTICLE 2 or, as mutually agreed, on a reasonable estimate of the percentage of the work completed. 10. That, the OWNER shall pay for all costs of publishing advertise- ments for bids and for obtaining permits and licenses that may be required by local, state, or federal authorities and shall secure the necessary land, easements, and rights -of -way. 11. That, in the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, and expenses .as may be set by the Court. 12. That, in the event of any legal or other controversy requiring the services of the ENGINEER in providing expert testimony In connection with the PROJECT, except suits or claims by third parties against the OWNER arising out of errors or omis- sions of the ENGINEER, the OWNER shall pay the ENGINEER for services rendered in regard to such legal or other contro- versy, including costs of preparation for the controversy, on a basis to be negotiated. 13. That, the ENGINEER'S liability to the OWNER for any cause or combination of causes is, in the aggregate, limited to an amount no greater than the fee earned under this Agreement. 14. That, the ENGINEER shall be responsible, to the level of compe- tency presently maintained by other practicing professional engineers In the same type of work in the OWNER'S community, for the professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. The ENGINEER makes no other warranty, express or implied. 15. That, the OWNER or ENGINEER may termjnate this Agreement by giving 30 days' written notice to the other party. in such event, the OWNER shall forthwith pay the ENGINEER in full for all work previously authorized and performed prior to notice of termination. if no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. 16. That, this Agreement is to by binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. - i 27:ee: 6 � f 71 ARTICLE S. IN WITNESS WHEREOF, the parties hereto each herewith subscribe the ( same in triplicate. ' For CITY OF KENA1, ALASKA By Namej ITItlej 7-- 1 By jI Namele Dated this day of 198 For CH2M HILL NORTHWEST, INC. BY, ., _• � Name] t e Dated this day of 19 ,,