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Home My WebLink About2005-07-11 Harbor Commission PacketKENAI HARBOR COMMISSION MEETING JULY 11, 2005 CITY COUNCIL CHAMBERS 7'00 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY ao May 9, 2005 June 6, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion-- Kenai River Bluff Erosion Control Project/Update ITEM NEW BUSINESS ao ITEM 7: a° Discussion -- Dock Boat Exit Road/Land Trade with Conservation Fund. REPORTS Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of June 1 and 15, 2005. b. 6/8/05 DNR letter regarding Kenai River Mile 3.5, Mooring Buoy/Final Consistency Response. c. 6/24/05 City of Kenai/Dock Rate Schedule. d. 6/15/05 Kenai River Center Project Tracking Sheet/Floating Facilities/Floating Docks -- Gary Foster, Applicant. ITEM 11' ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETIN6,: CAROL-- 283-8231 KE]:TH -- 283-8232 OR, KENAI HARBOR COMMISSION MEETING MAY 9, 2005 CITY CLERK CONFERENCE ROOM 7:00 P.M. AGENDA ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ao ITEM a. ITEM 7: ao ITEM 8: ITEM ITEM 10: a. c. de ITEM 11: CALL TO ORDER/~ ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY-- March 7, 2005 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Kenai River bluff Erosion Study/Project Status Report NEW BUSINESS Discussion -- New Boat Launches/Kenai City Dock REPORTS Director Dock Foreman City Council Liaison COMMISSIONER COMMENTS/OUESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Kenai City Council Action Agendas of April 6 and 20, 2005. Kenai River Center Notice -- Floating Facilities/Floating Docks, Kenai River-- William Bryant. U.S. Army Corps of Engineers, Public Notice of Application for Permit -- Winston Gillies, Mooring Buoy on Kenai River. 4/28 / 05 City of Kenai Dock Rate Schedule. Kenai River Center Project Tracking -- Michael Blair/Floating Facilities/Floating Docks. ADJOURNMENT KENAI HARBOR COMMISSION MEETING MAY 9, 2005 CITY CLERK CONFERENCE ROOM 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER/k ROLL CALL Chair Thompson called the meeting to order at 7'00 p.m. follows' Roll was confirmed as Commissioners present: Commissioners absent: Others present: B. Eldridge, G. Foster, J. Barrett, T. Thompson P. Barrett, S. Romain Public Works Manager K. Komelis and Council Member CLiff Massie ITEM 2: AGENDA APPROVAL Chair Thompson requested the following items be added to the meeting packet: ADD TO: Item 6a, New Boat Launches/Kenai City Dock-- ~ Resolution No. 2005-17, awarding the lease for Kena/Dock Stations No. 2 & 3 to Copper River Seafoods. · KPB Planning Commission Resolution 2005-14, granting approval of a conditional use permit to construct an expansion to a public boat launch within the Kenai River. MOTION: Commissioner J. Barrett MOVED to approval of the agenda with the additional information included and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY-- March 7, 2005 MOTION: Commissioner J. Barrett MOVED to approve the meeting summary of March 7, 2005 and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS Discussion-- Kenai River bluff Erosion Study/Project Status Report Public Works Manager Komelis reviewed the April 20, 2005 letter from the Corps of Engineers which was included in the packet. A brief discussion took place and comments included: · · design. Komelis). The design phase is not part of the next $500,000. Petratrovich, Nottingham & Drage work was a concept and not part of the The wetland appraisal was received, but has not yet been reviewed (by ITEM NEW BUSINESS Discussion-- New Boat Launches/KenaJ City Dock Komelis reported the following: · Wm. J. Nelson & Associates, Inc. will represent the city at the Kenai Peninsula Borough Planning Commission to answer any questions related to the city's conditional use permit application for the boat launch. · Council passed-Resolution No. 2005-17, awarding the bid for Dock Stations 2 and 3 to Copper River Seafoods of Anchorage. City of Kenai operates Station 1 at the dock. Reviewed KPB Planning Commission Resolution 2005-14. ITEM 7: REPORTS 7-a. Director -- Komelis reported the dock was open, the fuel system was working, and the floats would be placed in the next few days. 7-bo Dock Foreman -- No report. 7-c. City Council Liaison -- Council Member Massie reported the following: · The draft budget indicates a $500,000 shortfall. · Council was pleased with the bids for the dock leases. · The Planning & Zoning Commission will be holding a pubhc hearing on rezoning of Lawton Acres from Conservation to Limited Commercial Zone. · He was disappointed permanent restrooms to be placed at the north and south beaches were not included in the draft budget. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS Eldridge stated he believed the city should use funds raised through the dip net fishery for dip net improvements. Questions were asked regarding the rate schedule and Komelis noted the fuel costs changed and how the fuel charge is derived. MOTION: HARBOR COMMISSION MEETING MAY 9, 2005 PAGE 2 Commissioner Eldridge MOVED to recommend the city install one permanent restroom before this year's dip net season on the north side of the Kenai River {South Spruce) using excess funds received from dip net season last year. Commissioner J. Barrett SECONDED the motion. There were no objections. SO ORDERED. Eldridge stated he thought City Manager Snow should ask for additional information on the second $500,000 for the bluff erosion project and request the wording be changed to include design work. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10=a. 10-b. 10-c. 10-d. 10-e. Kenai City Council Action Agendas of April 6 and 20, 2005. Kenai River Center Notice -- Floating Facilities/Floating Docks, Kenai River-- William Bryant. U.S. Army Corl~s of Engineers, Public Notice of Application for Permit -- Winston Gillies, Mooring Buoy on Kens_/River. 4 / 28 / 05 City of Kenai Dock Rate Schedule. Kenai River Center Project Tracking-- Michael Blair/Floating Facilities/Floating Docks. ITEM 11: ADJOURNMENT MOTION: Commissioner Eldridge MOVED for adjournment and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:45 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING MAY 9, 2005 PAGE 3 KENAI HARBOR COMMISSION MEETING JUNE 6, 2005 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 9, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORTS ITEM 8: Director Dock Foreman City Council Liaison COMMISSIONER COMMENTS/OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Kenai City Council Action Agendas of May 4 and 18, 2005. Dock Rate Schedule, May 26, 2005. 5 / 13 / 05 Kenai River Center letter re: Conditional Use Permit for Expanding the City's Boat Launch. ITEM 11: ADJOURNM~~ KENAI HARBOR COMMISSION MEETING JUNE 6, 2005 KENAI CITY COUNCIL CHAMBERS 7:00 P.M.- CHAIR TOM THOMI~ON, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER-/h ROLL CALL Chair Thompson called the meeting to order at 7:00 p.m. follows' Roll was confirmed as Commissioners present' Commissioners absent: Others present' B. Eldridge, G. Foster, T. Thompson P. Barrett, J. Barrett, and S. Remain Council Member Cliff Massie...,d Pubhc Works Manager Keith Komelis Because no quorum was established, the meeting was closed. ITEM 2' AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 9, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. Dock Foreman c. City Council Liaison ITEM 8: COMMISSIONER' COMMENTS/(~UESTIONS, ITEM: PERSONS- NOT SCHEDULED TO BEHEARD.:. ITEM 10: INFORMATION Kenai City Council Action Agendas of May 4 and 18, 2005. Dock ~ate Schedule, May 26, 2005. 5/13/05 Kenai River Center letter re: Conditional Use Permit for Expanding the City's Boat Launch. ITEM 11: ADJOURNMENT The meeting adjourned at approximately 7'05 p.m. A brief work session was held at which those present discussed the Kenai River Bluff Erosion Control Project; the exit road to be constructed at the boating facihty; and the Harbor rate schedule. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING JUNE 6, 2005 PAGE 2 Keith Komelis ;nt: To: Cc: Subject: Linda Snow Wednesday, June 22, 2005 4:40 PM Patrick Fitzgerald (E-mail) Keith Komelis July Report Hi Patrick: Our last correspondence indicates you were expecting the draft reconnaissance report to be finalized in early 2005. The technical study had been stalled due to your travels for work. All field studies were completed and the remaining work was to present study conclusions and recommendations. You indicated the draft report would undergo a technical review by peers starting April 29, 2005 with completion by June 1 st. You stated we would review the report prior to its being finalized. The report is scheduled for completion by July. 2005. Please advise as soon as possible regarding the status of these activities and, as we discussed, your presence will be important at the city council meeting in July when you present the report. As you know, this is a critical project for the City of Kenai and, unfortunately, the final report was first scheduled for completion in July, 2004 and has been re-scheduled time and again after that date. It is now nearly a year behind the original schedule, and it is more and more difficult to explain to the public and city council why this is 'e case. would appreciate heating from you fight away. Thank you for your attention. Linda L. Snow, City Manager City of Kenai Alaska 210 Fidalgo Avenue, Kenai. Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 RENAL ALASKA MEMORANDUM, To: Mayor Porter & City Council Mem~rs From: Linda L. Snow, City Manager L~ ~ Date: June 9, 2005 RE:, Land Trade for Boating Facility Exit Road This project began in 2001, when $350,000 was appropriated by the Legislature to the Department of Natural Resources (DNR) for property acquisition along the Kenai River to build a boat launch facility. The City Council adopted Resolution No. 2001-85 (Attachment A) supporting the DNR purchase of certain lands for the project. In short, DNR never purchased any property for the project, and in May 2003, the City of Kenai requested and was granted reappropriation of the $350K for the project as described in Attachments B, C, and D. A grant agreement was fully executed for this project in October 2003, and the adminisu'ation has pursued the project with the Harbor Commission and the City Council. On June 9, 2004, a memo from Keith Komelis (Attachment E) was included in city council packets for the June 16, 2004 meeting. At the meeting, the Council directed the admimstration to proceed with the next steps towards a possible land trade, which are described in Attachment E and include a DNR appraisal of the ten acres of Conservation Fund land we need to own for the boat launch exit road and parking area. On October 27th, 2004, a memo from Keith Komelis (Attachment F) was included in the city council packets for the first November meeting. The Council agreed to obtain an appraisal of city owned wetlands area, the value of which is close to the value of the land we need to own for the boat launch exit road and parking area. Please see Attachment # 1, a memo dated June 9, 2005 from Keith Komelis. At present, the Conservation Fund is willing to trade its 6.42 acre land parcel in the boat launch area (appraised at $80,000) for the city's 93.13 acre parcel #7 appraised at $90,000 and located on the colored aerial photograph in Attachment #1). The Conservation Fund is also willing to pay the City $10,000 in cash to equalize the value of the potential land trade. KMC 22.05.070 states, "The Council may approve, by resolution, after pubic notice and an opportunity for public hearing, the conveyance and exchange of a parcel of City property for property owned by another person subject to such conditions as Council may impose on the exchange, whenever in the judgment of the City Council it is advantageous to the City to make the property exchange." The administration is asking Council to review the information and determine whether it wishes to proceed with the land trade as described in order to obtain the property, required for the boat launch exit road and additional parking. We ask Council to consider the importance of developing this road for the benefit of the commumty and facility users, as well as recognizing the project as a critical component of improving local management control of the dip net fishery. At times, the line ,.~f vehicles with boats or trailers extends all the way down the Boat Launch Road. and there has been traffic backed up onto the Bridge Access Road. As some of you know. once a vehicle is in that line-up, there is no way out of it for hours. Emergency vehicles cannot gain access to the facility, since the existing road is not wide enough. A one-way exit from the thcility would allow users to make a loop to the line to remeve their boats or to exit directly. The 6.42 acres will be enough tbr the exit road and badly needed additional parking. The full $350K from the State will add two new ramps. If the Council wishes to make the exit road project a reality, it will not only need to approve an acceptable land trade but also to make funds available for construction of th-~ road. The administration also recommends Council review the purchase proposal from the Conservation Fund described in the Komelis memo of June 9, 2005. The Fund would like to purchase parcels identified on the aerial maps as #'s 1,2,4,5, and 6 for their appraised values, which in total equal $557,000. The Conservation Fund has advised in its letter dated June 2005, that unless an agreement can be reached on this offer by August 2005, the offer will be withdrawn. The Council may w~sh to review this matter and refer it to the Harbor Commission tbr a recommendation at its meeting of July 11 th. The matter could be placed onthe Council agenda, with a Commission recommendation, for the council meeting of July 20tn. This womd allow the administration time to reach an agreement with the Conservation Fund, if that were Council's decision, or to advise the Conservation Fund as to the Council's rejection of the offer, if that were the decision. Page 2 of 2 CITY OF KENAI RESOLUTION NO. 2001-85 Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE STATE DEPARTMENT OF NATURAL RESOURCES PURCHASE OF PROPERTY IDENTIFIED AS LOTS 3-6, WILD ROSE SUBDMSlON, ~NAI, ALASKA FOR DEVELOPMENT OF A BOAT LAUNCH ACCESS FACILITY FOR THE LOWER KENAI RIVER. WHEREAS, the Kenai City Council has for many years desired to develop a boat launch in the lower Kenai River; and, WHEREAS, due to increased interest, the Alaska Legislature appropriated $350,000 to the Department of Natural Resources in the 2001-2002 Capital Budget for the purchase of property to be used for the development of a boat launch access facility for the lower Kenai River; and, WHEREAS, because the identified property adjoins Cunnmgham Park, the issue of constructing a boat launch facility was discussed with the City of Kenai Parka/Is Recreation and Harbor Commissions where both concerns and support were expressed in regard to developing a facility that will not impact the current users of Cunningham Park; and, . WHEREAS, representations by the Department of Natural Resources, Division of Parks and Outdoor Recreation assure involvement of the City of Kenai and public input in the design of the boat laun. ch facility. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it supports the State Department of Natural Resources purchase of property identified as Lots 3-6, Wild Rose Subdivision, Kenai, Alaska for the development of a boat launch access facility for the lower Kenai River. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~venth day of November, 2001. ATTEST: Carol L. Fre~t~, City Clerk clf Ma.v 7, 2003 CITY OF KF. ,JAI 210 FIDALGO AVE.. SUITE 200 KENAI, ALASI~ 99611-77 TELEPHONE 907-283-7~5 FAX 907-283-3014 ~ Senator Tom Wagoner State of Alaska State Capitol, Room 427 Juneau, AK 99801 KENAI RIVER PROPERTY ACQUISITION FOR LAUNCH FA CIZJTY Dear Tom, Thank you for your letter of May 3, 2003 and your interest in the $350,~00 appropriation for property acquisition along the Kenai River. In November, 2001, the City Council passed its Resolution No. 2001-85 supporting the State Department of Natural Resources' purchase of property in the Wild Rose Subdivision for development of a boat launch access facihty for the lower Kenai River. The identified property adjoins Cunnmgham Park and while the prospects of developing a boat launch on the property and the $350,000 appropriation was very acceptable to the City of Kenai, the actual purchase of the property never went forward due to different concerns in the community, i.e. envirovmental, commercial drift boat users, neighboring property owners, etc. As you are aware, the State of Alaska directed a dip net fishery be available in the Kenai River/City of Kenm and if re-appropriation of the $350,000 is being considered, we would request those funds be awarded to make the following improvements to the Kenai City Dock: · Add two new launch ramps. · Add a new road as an exit to the boating facility or widen and upgrade the existing road. Facts to support our requests are: · The dip net fishery is a State fishery. · Over 15,000 dip net permits for households are issued each year and over 100,000 fish are caught in the Kenai River fishery. Senator Tom Wagoner May 7, 2003 Page 2 · Personal d/p net fishermen come from all over the state to use the City of Kenai Boat Launch Road, parking lot, and launch ramps. · The biggest bottleneck restricting the number of dip net users at the Dock is having only two launch ramps. · Adding two ramps would allow more users and faster access to the River (there can be a two-hour wait to get a boat into the water and another two-hour wait to retrieve it). · At times, the line of vehicles w/th boats or r. rafters extends down Boat Launch Road ~Imost to Bridge Access Road presenting many problems of access. · A one-way exit from the facility would allow users w/th or without boats to exit directly or allow vehicles w/th a trailer to make a loop to the line to retrieve the/r boats. Again, these imProvements are very badly needed as they are a direct result of the heavy use of the dip net fishery. Since the dip net fishery is governed or regulated in this area by the State of Alaska, the re-appropriation of the $350,000 for these improvements would relieve some of the costs to the City caused by the impact of the State's fishery. We are enclosing another copy of our Resolution No. 2003-10 which lists our Capital Improvement Lists and has additional information in regard to the two projects noted above. Thank you again for contacting us in regard to the $350,000 re-appropriation. help in acquiring these funds for the above-referenced projects will be greatly appreciatedl Your CITY OF KENAI Uoku. . winiams Mayor JJW/clf Enclosure Cc: Representative Chenault Representative Wolf I FAX: (907) 465 -3835 CITY OF KENAI "Off Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 To' Representative Kelly Wolf Attention: David Pree From: Subject: Phone: bate' Pages: City of Kenoi- Linde L. 5now, City Manager Boat Launch Romp Projec~ (907) 283-8222 May 15, 2003 3 Fox: (907) 283-3014 David: Attached please find the capital project information you requested for the Kenai Boat Launch Ramps. The legal description of the proposed location follows: Property Address 1591 Boat Launch Road Kenai, AK 99611 Legal Description _ KN0790009 T5N R11W S9 City of Kenai Boat Ramp & ROW Dedication We appreciate your assistance with this important project. Linda Project 3' CITY OF KENAI REQUEST FOR STATE GRANT 2003-2004 CAPITAL IMPROVEMENT PROJECT NAME' STATE OF ALASKA DIP NET FISHERY PROJECTS TOTAL PROJECT COST: $1,000,000 STATE ASSISTANCE REQUESTED: 100% PROJECT DESCRIPTION' (See Drawing) a. New Launch Ramps- Top Priority $350,000 This part'of the project is to add two new launch ramps with a floating dock between the ramps. It would be similar to the existing launch ramps. b. Dock Area Paving $40O,OO0 This part of the project is to rebuild the Boat Launch Road and a portion of the Boating Facility parking lot, which is presently gravel. The project includes asphalt paving, parking striping, and signage. c. New or Upgrade of Dock Access Road $250,000 This part of the project is to add a new road as an exit access to the boating facility or to widen and upgrade the existing road. PROJECT JUSTIFICATION: Personal dip net fishermen from all over the state use the Boat Launch Road, Parking Lot, and Launch Ramps. Over 15,000 dip net permits for households am issued each year, and over 100,000 fish are caught in this Kenai River fishery. The City Boat Facility handles most of this fishery. This project will improve the Boating Facility operation and make it a lot cleaner. The biggest bottleneck that restricts the number of dip net users is having only two launch ramps. This project would provide users an additional two ramps allowing more users and faster access to the dver. Under the present conditions, sometimes there is a two-hour wait to get a boat into the water plus another two-hour wait to get the boat out of the water. This project will greatly enhance the health and quality of life of its users. At the present time, users of the Boating Facility use staging areas that are gravel sudaced Dip Net Fishery. Projects Page 2 and often dirty and unsanitary. Dust in the area is a problem since dust retardants cannot be used due to the closeness to the water. Users spend time in staging areas getting their boats ready to load and unload onto their trailers and in parking. This project would definitely enhance recreational opportunities for dip net fishermen. Informational signs would also enhance the understanding of the area. At times, the line of vehicles with boats or trailers extends down Boat Launch Road almost to Bddge Access Road. This presents many problems of access on this narrow road. Users often have to exit the facility and drive down Bddge Access Road to find a place to turn around and then back to Boat Launch Road to get in line to retdeve their boats. A new one-way exit from the facility would allow users with their boats to exit directly or allow vehicles with a trailer to make a loop to the line on Boat Launch Road to retrieve their boats. Another alternative would be to widen the existing road and reroute a return. The three.parts of this project are very badly needed, and they are a direct result of the heavy use of dip net fishermen. Since the dip net fishery is governed or regulated in this area by the State of Alaska, the City of Kenai is requesting funds help relieve some of the costs caused by the impact of this fishery. That is also why this project is entitled "State of Alaska Dip Net Fishery Projects." 23-LS8002~A. 105 Utermohle 5115/03 AMENDMENT OFI'T. RED IN T'/~ HOUSE TO: Rcappropnation Bill B Y R. EPI~..~ENTATIVE WOLF 10 Il 12 13 14 * Sec. A. Section 19(c), ch. 61, SLA 2001, is amended to read: (c) The sum of $350,000 is appropriated from the income accrued dunng the fiscal year ending .tune 30, 2001, on the Exxon Valdez oil spill restoration fired described in (a) of this section to the Department of Co uni and Eeo [NATURAL RESOURCES FOR THE PURCHASE AT FAIR MARKET VALUE OF TRACT 1 OF HORSE,SHOE END AT RIVER BEND SUBDIVISION, ACCORDING TO PLAT OF SURVEY KENArS 1709, RECORDED JUNH 1970, AT THE KENA! RECORDING Ob'FIC£, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, CONTAINING APPROXIMATELY 10.4 ACRES OF LAND IN KENAI, ALASKA, AND ^r.;. ASSOCIATED COSTS,] for the restonng the riverbanks of the Kcnai River and providing recreatfonal access to river mrough construction of a boat launch and pull-out on the property l'~i'-Boat hunch Ro~ in K~ i. MEMORANDUM CITY OF KENAI 210 FIDALGO AVE.. SUITE 200 KENAI. ALASKA 99611-7794 TELEPHONE 907-2~3..7535 FAX ~07-283-3014 ~ TO' FROM: DATE: SUBJECT: Linda L. Snow, City Manager Keith Komelis, Public Works Manager ~____,,~ June 9, 2004 Kenai Boating Facility Exit Road I have been working with The Conservation Fund on a possible lancl trade. They own the land that would be useful as an exit from our Boating Facility. The total area that The Conservation Fund owns is 31'~ acres. About one third or ten acres of the northern portion of this property is uplands that they woul(3 be willing to trade to the City. The total 31 '~ acres was appraised at $200,000 in 2000. I discussed proceeding as follows (if the City Council approves): ..~. The Conservation Fund will have their appraiser place a value on the ten / acres of upland area that the City is interested in. They will pay for this appraisal. The City will look at the appraised value for the ten acres of Conservation Fund land we want to oWn. We will use this value to help determine what wetlands we may want to trade. In 1999, the City had an appraisal done of many City-owned wetland parcels, (attached) which will hetp us. The Conservation Fund requires an equal value for the land trades. 3. The City will have a new appraisal done of our wetlands area we think is close in value to the land we want to own. The City will pay for the appraisal of our wetland area. 4. The Conservation Fund and the City of Kenai will then make the land trade. They do not want to give us area that is wetlands. 5. The Harbor Commission recommended the City proce~ with this land exchange. Should I proceed as outlined above?[~~t ~ i Parcel 5 (15_+ acres): :$7,500 I: ~ : Parcel 6 (61_+ acres)' $21,500 ...~ .... :_ _ Parcet 7- No longer visible i = ' - - Parcel 8 (93+ acres)- $75,000 1- ~ ~ ' .. : ~"," : ~ - ~ ,~; , ;. ..... I ; , I ~"'" : , .*"J" '' -.-:..~:. ..... 4-. ~.. ...... .' " ! ~"J'' ,,--4.-. '° ,)' '' ' .................. ' .... ~"'-'" -'F----'- .... ...-.,---.-_~.___ '-.;. ' '~ · '~.-....- ,' ~ j ~ .. 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J DERRY & ASSOCIATES , 1,, 1,, , CITY OF KENAI ,, ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 MEMORANDUM 10' Linda L. Snow, City Manager FROM: Keith Kornelis, Public Works Manager DATE' October 27, 2004 SUBJECT: Kenai Boating Facility Exit Road I have been working with The Conservation Fund on a possible land trade. They own the land that would be useful as an exit from our Boating Facility. The total area that The Conservation Fund owns is 31¼ acres. They do not want to give the City any wetland portion of this acreage. About 6.42 acres of the northern portion of this property is uplands that they would be willing to trade' to the City. The Conservation Fund has submitted the attached appraisal report for the 6.42 acres the City is interested in. The value for this is $80,000. In .1999, the City had an appraisal done of many City-owned wetland parcels, (attached) which will help us to determine which parcel(s) the City may be interested in trading for the 6.42 acres. The Conservation Fund requires an equal value for the land trades. The City now needs to have a new appraisal done of our wetlands area we think isclose in value to the land we want to own ($80,000). The City will pay for the appraisal of our wetland area. The Conservation Fund stated that the 93-acre parcel that appraised at $75,000 (Parcel 8) is the closest in value. Ithink we should have all 8 parcels re- appraised. We may want to trade a combination of different parcels. Once we both agree on the parcels, The Conservation Fund and the City of Kenai will then make the land trade. The next step would be to find the capital funds to construct this exit road. Attachment cc: Harbor Commission THE CONSERVATION FUND December 12. 2003 Mr. Keith Komelis Public Works Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 pk'r ...... . ' ": i1'.~ RE' Property Adjacent to Kenai City Boat Ram~--' ' Dear Keith, Enclosed please find a copy of an appraisal report recently completed on the tract of interest to the City of Kenai. The appraiser estimated the land area at 6.42 acres based on the drawing you provided to me and concluded a value of $80,000 for that tract. If you concur with this value the next step will be to identify and appraise the parcel to be exchanged. In reviewing the report prepared by the Derrv' ~ in 1999 the tract Cat is closest in value is the 93-acre parcel for which they conciuded a value of $75,000. I look forward to continued progress to meet our collective interests. Sincerely, Alaska Representative Enclosure MACSWAIN ASSOCIATES 4401 Business Park Boulevard, Suite 22 Anchorage, Alaska 99503 Ph 907.561.1965 Fax 907.561.1955 Market Value Estimate of 6.42-Acre Land Parcel Appraised Parcel Aetfal ~ of ~[42.Acre Kenai Boat Lmmek Property Kenai Boat Laura=h- Bridge Acce# Roa¢l Kenai, Alaska Valuation Date September 10, 2004 File No. 04-10~5 Submitted' To: Brad Meiklejohn The Conservation Fund 9850 Hiland Drive Eagle River, Alaska 99577 MacS wain Associates 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Telephone: 907-561.1965 Facsimile: 907-561-1955 E-mail: d. shantz@macswain, com October 5, 2004 The Conservation Fund 9850 Hiland Road Eagle River, Alaska 99577 Attn' Brad Meiklcjohn Re' 6.42-Acre Land Parcel Bridge Access Road Kenai Boat Launch Kcnai, Alaska Dear Brad: As requested, we have prepared a Restricted Use Appraisal that analyze -.' above-re~' vacant parcel located within Kenai city boundaries fronting the west side., t~ridge Acc¢:, d, oad and 'contiguous to the Kenai Boat Launch. The purpose of ~ne report is the estimate the market value of the 6.42-acre parcel. Importantly, the valuation assumes the appraised parcel is a legal partition from a larger 31.5-acre parcel. Platting the parcel, which is a hYPothetical condition of this report, may produce a small variation in land area but have no significant affect on the value indicator. We understand you intend to use the appraisal to evaluate a potential land exchange involving the City of Kenai. As mutually agreed, we perform a complete appraisal process but present limited descriptive and analytical discussions in the report. Moreover, we prepare this report to comply with Standard Rule 2-2(c) of the Uniform Standards of Professional Appraisal Practice (USPAP) that pertains to a Restricted Use Appraisal. Based on the data, reasoning, and analysis relied upon in the appraisal process, we estimate the market value of the appraised parcel, as of September 10, 2004, is $80,000. Market Value of 6.42-Acre Appraised Parcel $80,000 We appreciate the opportunity to prepare this appraisal report. If you have questions regarding our analyses or conclusion, we will be glad to discuss them with you. I Dan Shantz Steve MacSwain, MAI Alaska State Certificate No. 47 Alaska State Certificate No. 42 I , 04 i 095: Kenai Boat Launch ' Chapter 2: Property Description and Analysis Overview- We prepare a brief description and analysis of the 6.42-acre appraised parcel located just west of the Bridge Access Road/Beaver Loop Road intersection. Importantly, we calculated the subject land area from an aerial photograph provided The Conservation Fund and mapping with dimensional boundaries obtained from the KPB. Facing exhibits help illustrate the physical, legal, and economic character of the appraised parcel. Property Type: Vacant industrial-zoned land Location: The appraised parcel fronts the west side of Bridge Access Road 1.5_.+ miles southeast of the Kenai commercial district. Contiguous to the west parcel boundary is the Kenai Boat Launch. Neighborhood: The subject is located in the City of Kenai industrial area that fronts the Kenai River near its mouth. Fish processing and related facilities are the principal land use of developed land, although attrition in the fishing industry has caused re-develOpment to some facilities. We also observed land developed with freight distribution, mini-storage, log cabin manufacturing, and yard storage. The City of Kenai owns about one-third of the industrial- designated land with the remainder in private ownership. A city dock and boat ramp is also located in the neighborhood. Development of non-riverfront land is sparse and demand is limited. The closure of several fish processing facilities as well as a decline in the commercial fishing industry compounds the scarcity of neighborhood demand for industrial-zoned land. We anticipate future demand will be from light industrial or commercial use rather than heavy industrial. Land Description: The appraised parcel sets below access grade with Bridge Access Road and extends westerly to the north end of Boat Launch Road. Importantly, the appraised parcel is north of the low-lying wetlands that affect the development potential of contiguous land. We determined from aerial photographs and mapping that the parcel width is 320+_ feet while its depth ranges from 786:e foot on the north boundary to 9984- feet on the south. Listed below are important physical characteristics pertaining to the appraised parcel. Land Area: 6.42_+ acres or 279,594_+ square feet Shape: Irregular Road Frontage: 355± Road Access: Bridge Access Road, asphalt-paved two-lane roadbed; Boat Launch Road, gravel- surfaced two-lane roadbed 2003 Average Daily Traffic Count: 9,500 vehicles per day on Bridge Access Road Public Utilities: Electricity, natural gas Topography: Relatively level to undulating 041095: Kenai Boat Launch MacSwain Associates 6.42-Acre Appraised Parcel~ ,,~..~ I Beaver L°°p 1 Road Bridge Aeeem ~ Road ~--~.1'~ , - . _ Boat Launch Road ._l~t~ i i ~ .....~ ~ ~ --- 041095: Kenai Boat Launch .' ,. ,'..":'.... F. r;el 1 (46+ ~cres)' $32,000 :: : Parcel 2 (345_+ acres)' $210,000 ! ; Parcel 3 (12.:- acres): $55,000 " .... !: .......... Parcel 4 (622+ acres)' $376,000 , I ~ : Parcel 5 (15_+ acres): $7,500 , I .......... !' i-.~ .... :®-:/ ,....' . ; ' ' '/.I- ~ ~ ~ t~ ........ -' ':':~:"~;;~-'~ ..... ~ ................... ~.: ~' ,., ~ ,; ~';"~";''"r: .--~-- · ~,-"? ~'~~ ~ I '." ~ ......... " ' ' ' ..... ~:- L~:,:~ ~,.: .-' · .'.. / ~.~ _. · , .- ~;- ,,~-. .,-,.., , , .~... ; · , , · ~ ',..~:: :', : -- ;, ; --r :';: :': : : ::::::: :;:;','; .... · j, ,, ;, ,, ,,,,, ;,,~;j.,, ,,,,,,, --.. . ~.. -~.,,,,, ,,,,, ..~'~t . ~.. ~ ~ Parcel 6 (61_.+ acres): $21,500 J .... Parcel 7- No longer visible -0-' Parcel 8 (93_+ act, es): $75,000 I i i: i ~ ~/ 7- ~, /_,4/~ b MEMORANDUM CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-28.1-7535 FAX 907-28,1-3014 ~ TO' FROM: DATE: SUBJECT: Linda Snow, City Manager Public Works Manager ~ Keith Kornelis, June 9, 2005 Kenai Boating Facility Exit Road Wetland Sale to the Conservation Fund T-""~he Conservation Fund will trade 6.42 acres of their upland land (for a Boating'~"'~ Facility Exit Road) for 93.13 acres (parcel 7) of City owned wetlands. Since the Cities wetlands (parcel 7) is appraised at $90,000 and Conservation Fund upland is appraised at $80,000 they will also give the city $10,000 cash with this trade. The Conservation Fund would also like to purchase at appraised value Parcels 1,2, 4, 5, and 6. Below are two tables that illustrate these proposals. Land Trade for Boating Facility Exit Road ' Appraised Value Conservation Fund 6.42 Acres $80,000 .... City Parcel #7 93.13 Acres $90,000 Trade of lots & Cash to the City $10,000 , The Conservation Fund Proposal To Purchase City Owned Wetlands Acres 45.67 621.89 11.63 14.63 61.37 2.04 Appraisal $46,000 475,000 9O,OOO 8,000 27,500 1,000 Cash to City Cash Payment to City: $46,000 475,000 Not in Offer 8,000 27,500 1,000 $557,000 Please find attached' Attachment A Aerial Photo of Wetland Parcels Attachment B The Conservation Fund purchase request dated June 2005 Attachment C City and the Conservation email correspondence May 2005 Attachment D McSwain Associates appraisal report dated September 10, 2004 of the Conservation Fund Land 6.42 acres Attachment E Derry & Associates appraisal report dated April 22, 2005 of Seven City owned wetland acres I have made it clear to the Conservation Fund that our communications concerning this have been for discussion purposes only and that the Council of the City of Kenai would be making any discussions. CC: Brad Meiklejohn, The Conservation Fund McSwain & Associates Derry & Associates KK/njc '['HE CONSERX'ATION FT-ND Mr. Keith Komelis Public Works Manager City of Kenai ..210 Fidalgo Avenue. Suite 200 Kenai. Alaska 99611 RE- Tracts on the Kenai River JUN 6 W"5 · ..'4 kD \. \!EIKI.EJGHN ".- '-" ;"',.', R E PR ESENI'ATI \'E .... HILAND · ,' :, L ?t' :R..~L,\SKA~),)577 , ,.)117 ) f~q4-,.-)( )60 Dear Mr. Komelis. The Conservation Fund is interested in purchasing lands owned by the City of Kenai that are located along the Kenai River. These lands were recently appraised by Derry and Associates and are shown on the enclosed map. The Conservation Fund is interested in purchasing--3dY/. Parcels 1, 2. 4, 5. and 6 for their appraised values, which total $557,500. Because the funds we have available for this will be withdrawn unless an agreement can be reached by August 2005, I would appreciate a timely response.. Sincerely, Brad Meildejohn t Alaska Representative Enclosure ATTACHM£NT PAGE____/.__ OF / Partne/'s i/~ /~.:d til~d ir'tiler ('O/~.s'E'/q'rlti~tl Keittt Komelis From: Sent: To: Cc: Keith Komelis Thursday, May 26, 2005 4:10 PM 'BractMeildejohn~aol.rom' l. inda Snow; Lam/Semmens; Klm Howard; Marilyn Kebschull; Jan Taylor; Jack LaShot; Cary Graves Subject: RE: The Conservation Fund land trade Brad, The city adminisumion is very interested in continuing with the trade proposal discussion. I understand that your first preference would be to trade the city's parcel 7 (appraised at $90,000 for 93 acres) for your 6.42 acres appraised at $80,000 plus The Conservation Fund paying the city $10,000 cash. I understand that your parcel would have to be subdivided before part of it could be traded. At this time we do not have the funds to do any improvements to your property this summer. However, I am excited that we may own the property so that something could be done for the 2006 summer. And, the city may be interested in selling parcel 2 (appraised at $475,0(X) for 622 acres). I am putting together information for the Kenai City Council to discuss this. I do not think we will have any type of response from our city council until aft~ our June 15, 2005 council meeting. I will keep you informed. Thanks. Keith Kornelis, Public Works Manager 907-283-8232 City Safety Coordinator Fax 283-3014 Harbormnster ..... Original Message----- From: BradlSteiklejohn~ol~orn [mailto:BradHeiklejohn~aot.corn] Snnt~ Thu~lay, May 19, 2005 10:29 AH T~: Ke~ Kometis Keith, //ff~ ~ Thanks for sendinff alon$ the appraisal. ~~ Our first preference would be exchange~ tract~o~Parcel 7)in addition to $10,000 cash that w~ w~d. provid~ to mak~ up th~ diff~n¢© in valu~.-~---'~ ~ Please advise if that course is acceptable to you. Also, as a separate matter, is there any possibility that the City would be willing to sell Parcel 2? Regards, Brad Metldejohn Alaska Representative 5/26/2005 ATTACHM£NT ~, PAOL._! --- ...The Con.nervauon Fund :727 H. iland Road Eagle River, Alaska 99577 (907) 694-9060/9070fax www. conserv atiorLt'und.org T h_e_C__o___n_s_e_ .r_v_a t_i _o n ._ [ _u n d Rated,4 + - The l'op Environmental Non-Pro/it in the :Varion - by tire ..i merican Institute of Philanthrop3' Notice: TldI e/mesoage, including arty attoc~meMs, is for tl~e sole use of the recWien~ m wl~om tt II ~ Irltt ~ ~ JlltlllllJOII tlMt II IXOl)l~, IWJvJllgld ~ coflfldlfllfll. N you ore no4 the Intended reci~ pierre contoct tlu seflcltr by ~ enudl led cldeltlu orJgtmd rnes&uge wily)ut making any copmL If you are r~ the im~ rocll)ler~ urmuaMflzecl review, copying, use, discloeufl, or distxlbution Is irnjwoper 8rJd filmy bo IUt)jo~ to ioGBI mrlctJofls. AII~ this e.~nlII Irld Iffy Itt~d~flMdl~ 8rl believed to IM ~tJ4J of my vJruo o~ other debc~ that might atbct mW comlmMr system Into v~lc~ it Js received ~nd ooened, it ii tlw reSl~ al ttm rectOieal ~o ermum ttut I Io vlruo ~srd no resMtbllNy is ~ by The Oon~f'~llefl Fun4 for .ny los. oc clamige ning in ~/M~y from h use. 5/26/2005 ATTACHM£NT MACSWAIN AssOCIATES 4401 Business Park Boulevard. Suite 22 Anchorage, Alaska 99503 Ph 907.561.1965 Fax 907.561.1955 Market Value Estimate of 6.42-Acre Land Parcel Appraised Parcel Aerial view of 6.42-Acre Kenai Boat Launch Property Kenai Boat Launch Bridge Accese Road Kenai, Alaska Valuation Date September 10, 2004 File No. 04-1095 Submitted To: Brad Meiklejohn The Conservation Fund 9850 Hiland Drive Eagle River, Alaska 99577 ATTACHMENT PAGL_~.-__ I · ! 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Telephone: 907-561.1965 Facsimile: 907-561-1955 E-Inail: d. shantz@macswain, com October 5.2004 The Conservation Fund 9850 Hiland Road Eagle River, Alaska 99577 Attn: Brad Meiklejohn Re: 6.42-Acre Land Parcel Bridge Access Road Kenai Boat Launch Kenai, Alaska Dear Brad: As requested, we have prepared a Restricted Use Appraisal that analyzes the above-referenced vacant parcel located within Kenai city boundaries fronting the west side of Bridge Access Road and contiguous to the Kenai Boat Launch. The purpose of the report is the estimate the market value of the 6.42-acre parcel. Importantly, the valuation assumes the appraised parcel is a legal partition from a larger 31.5-acre parcel. Platting the parcel, which is a hypothetical condition of this report, may produce a small variation in land area but have no si~ificant affect on the value indicator. We understand you intend to use the appraisal to evaluate a potential land exchange involving the City of Kenai. As mutually agreed, we perform a complete appraisal process but present limited descriptive and analytical discussions in the report. Moreover, we prepare this report to comply with Standard Rule 2-2(c) of the. Uniform Standards of Professional Apptai~ Practice (USPAlY~that pertains to a Restricted Use Appraisal. :.:::'~-~' .... Based on the data, reasoning, and analysis relied upon in the appraisal process, we estimate the market value of the appraised parcel, as of September 10, 2004, is $80,000. We appreciate the opportunity to prepare this appraisal report. If you have questions regarding our analyses or conclusion, we will be glad to discuss them with you. Sincerely; "Dan Shantz Alaska State Certificate No. 47 Steve MacSwain. MAI Alaska State Certificate No. 42 1005: Kenat Boat Lxumch ATTACHM[N? MacSwain Associates Appraised Parcel Boat Launch Road 041095: Ke.ai Boat Lau.ch ATTACHMENT ~AeF.___~._ ': i MacSwain Associates ./ o. Fhe K,,,,fl :, Ri~K Fllll :,t t mAl~.r m ~ a' , ...... -,.' , II ."'.:',"' ,;~ ,. .-~5':"" ~ ~ / / ' .,,.- ....... ' ".'~;~ ""~..~ .~-- " Z ;"~-.'"' .... -'- _; .2. :.'~C'. ' ~'" xX-....' .-..;~ .... ~:~.,./ -. · / '** .. .... ~i ._ Ill II t, _ [ .. l. .- Appraised Parcel . . Bt~ch Islam:l .,. { 041095: Kenai Boat Launch Restricted Use Appraisal Report Prepared for City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 Market Value Seven City-Owned Tracts on the Kenai River-Mile Kenai, Alaska Effective Date: April 22, 2005 DERRy & AS$OCIATF. S, Iar. Box 2882 · Krnai, AK 99611 ATTACHMENT DERRY & ASSOC~TES, Inc.' Real Estate App~ & Counselors (907) 260-8434 * derry@alaska.com Box 2882 * Kenai, AK 99611 April 28, 2005 Keith Komelis, Public Works Director City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 RE' Restricted Use Appraisal Report Seven City-owned Parcels fronting on the Kenai River- Mile 5-11 Kenai, AK Dear Mr. Komelis: Following is the Restricted Use Appraisal Report on the property referenced above. As a Restricted Use Appraisal Report a minimal amount of information describing the property or the development of the conclusions of value are presented. The value estimates were developed following a complete appraisal process with a physical- inspection of the property. This restricted use appraisal report was prepared for your' excl~ use;,..to assist you in determining the Market Value of the subject property the Apd122, 2005 effective appraisal date. Supporting documentation regarding the basis for the value estimates is retained in our files and available for review with you upon request. Thank you for this assignment and the opportunity.to be of service to the City of Kenai. Restricted Use Appraisal Report Client Intended Use/ Purpose Scope of Work Property Identification Keith Komelis, Public Works Director City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 To estimate Market Value for the sole purpose of assisting the client, the City of Kenai, in determining Market Value of the individual parcels for their use in negotiating a potential land trade with the Conservation Fund. Based on consultations with the client, consistent with intended use/purpose, the appropriate scope of work developed. the WaS A physical inspection was made of the parcels appraised, neighborhood, and market data analyzed in the valuation process. The appraiser also relied on notes and photographs taken during previous inspections along the Kenai River. Additional data was obtained from available maps/aerials, ancl through inquiries with the Borough's Kenai River Center, utility providers, and other knowledgeal~le about the Kenai River. The value analysis utilized the Sales Comparison technique. In this process comparable sales data was researced and then analyzed. Data sources included the appraiser's market data bank, MLS sale/listings data, research of recorded documents, real estate agents/brokers, and parties to the transactions. In the valuation process quantitative and qualitative adjustments were made to the comparables for differences in comparison to the parcels appraised. The extent of analysis required was increased due to the parcel's primarily wetlands characteristics, Kenai River frontage, and the lack of constructed road access and utilities to all of the parcels except Parcel 2. Numerous sales and listings were researched to provide a basis for applying market-derived adjustments. Seven acreage tracts fronting on the Kenai River between River Mile 5- 11. Due to their legthy metes and bounds legal descriptions for valuation purposes they are identified by their Kenai Peninsula Borough Parcel numbers in the property description section which follows. DERJ~ & ASSO(3ATES, [ac ,, ATTACHM~'NT Appraisal Dates IInterest Valued ~,, IOwnemhip History Property Description Date of Inspection: April 22, 2005 Effective Date of Value: Apnl 22, 2005 Date of Report: April 26, 2005 Fee Simple The City of Kenai, owner of record, has owned the parcels in excess of the three-year reporting period. Dunng this time frame the parcels have not been listed for sale. Them are no reported pending offers to purchase/sell any of the tracts. However, according to the client this appraisal will be used to establish a basis for negotiating a potential land trade with the Conservation Fund. The appraiser has no knowledge of the value of the acreage to be traded. The following table summarizes physical characteristics of the parcels. Soils data is from the US Soil Conservation Service Soil Survey for the Kasilof-Kenai Area. For the most part the parcels contain a high proportion of poorly drained, mostly peat type soils with a high water table. Copies of the Borough's new wetlands overlay maps for the neighborhood are included at the end of this report. Except for Parcel 2 which fronts on Angler Drive along the north boundary the other parcels do not have constructed road access or public utilities available. Due to the proximity to the mouth of the Kenai River at Cook Inlet this section of the river is subject to tidal fluctuation and the dver level increases at the incoming to high tide. Parcels 4-7 are islands and reportedly subject to some:, flooding at higher fides; A 'portion, if not all, of each parcel: iww- within a designated floodplain, with a base elevation established- at fourteen feet. Sizes reported are from the Kenai Peninsula Borough Assessor's- plat map. Due to possible erosion and/or accretion all of the parcels may vary in size from that reported. This is likely considering they were platted as government lots many years ago.. The appraiser reserves the dght to modify the value conclusiorm-if a survey by a Registered Land Surveyor reveals a variation in size from that used in this appraisal. The parcels are within the city limits of Kenai and zoned Rural Residential. DE]LRY & ASSOOATES, ~., ,, Summary of the Subject Parcels Pamel KPB # 1 049-110-08 2 049-011-11 3 049-110-10 4 049-110-12 5 049-110-13 6 049-110-14 7 049-110-15 Size- Road Acres To~3o~raDhvlSoils Utilities_ Ac ..ce,~. 46+/- Level/Clunie peat & tidal None None marsl~ along the Kenai River frontage. 622+/- Level/Mostly Clunie peat, E,T,G Angler band of gently sloping Dr. ~ N better soils(Kalifonsky silt loam) (~ N & E. Tidal marsh along River. Open & forested. 12+/- Clunie peat {~ north. 5+/- None None Ac.foreste(~ ndge ~ S,,well-drained soils 15+/- Islan~l-Levet/Tidal marsl~ None None 61+/- Island-Level/Tidal marsh, None None some trees 2+/- Island-Level/Tidal marsh, None None no trees Commen~ Adjoins City & State- owned wetlands. East of Bddge Access Rd. 1,100'+/- State-owned acreage to W, pnvate lots & acreage to E. Extensive River frontage. State-owned acreage. S and W, subd~- .25 mile south. Floods at higher fides. Flooding at higher tides. Floods at higher tide~, accretion ex13anded area into River. 93+/- Island created by narrow None None Partially flooded at channel ~ north, Beaver higher tides. Creek to W. Level/mostly peat & tidal marsh. Silt loam underlain by sand/ gravel to NE. Some areas treed. Highest and Best U se lValuation Parcels 1, 4, 5, and 6: Maintain vacant for investment and/or wetland mitigation purposes. Parcels 2, 3, and 7' Combination-of seasonal recreational use and maintain vacant for investment and/or wetland mitigation purposes. Value definition: Market Value as defined in the Dictionary. of. Reel Es..tate AoDraisal, Appraisal Institute, Fourth Edition, 2002, pgs. 177 & 178. The following table lists the primary comparables analyzed in the valuation process. Numerous other transactions provided a basis for developing market-derived adjustments. All of the comparables have varying quantities of river frontage. Some of the sales include a high proportion of wetlands and others provide DE]U~ & ASSO(3.4~F~, ~ , ,, significantly superior usability. Comparables 7 and 8 lack constructed road frontage and utilities. For comparison purposes the estimated contributory value of site improvements are deducted from the total sale price of ComparaDies 1 and 2. The buyer of C2 provided the land value allocation. 8 Sale Sale Size Price/ Sale LeuaI,Description Date Price (Acres} Acre Temm L11-F, H.D. Lindgren 1/05 $70,000' 35.54 $;1,970 1979 SID GLO 9, S8, and GLO 11 & 12, S17, T5N, R11W 2/04 $400,000' 57.12 $7,003 Cash Trt. I & 3, L2, B2, 1/01 $100,000 19.66 $5,086 Cash Angler's Acres Tract 7A, Wildrose S/D 6/04 $687,200 17.19 $39,977 Cash GLO 13 & NE4 NW4, 2/02 $475,000 52.53 $9,042 11% dn S23, T5N, R 11W Tract B-l, Channel 2/02 $382,500 21.86 $17,498 Cash Shores USS 257 8101 $2,200 2.78 $791 Cast1 M.L. Stewart S/D Lot 9A 5/00 $30,000 .97 $30,928 17% dn Lot 4A 12/00 $25,000 1.00 $25,000 Lot lA 7/02 $35,000 .98 $35,714 20%dh L7, Larry's Fishing Hole 5~02 $32,000 1.01 $31,683 'Net Land Value In the analysis the comparables were adjusted for differences in comparison to the subject parcels. Elements of comparison include sale terms, market conditions (date of sale), site size, road frontage/location, topographic features/quantity of wetlands, dverfront amenity, availability of utilities, shape, and legal constraints. Concluded Value: Following analysis of the comparables the estimated Market Value of the individual parcels is concluded as follows: Parcel 1 (46+/-acres) Parcel 2 (622+/-acres) Parcel 3 (12+/- acres) Parcel 4 (15+/- acres) Parcel 5 ( 61+/- acres) Parcel 6 (2+/- acres) Parcel 7 (93+/-acres) $46,000 $475,000 $90,000 $8,000 $27,500 $1,000 $90,000 The value conclusions are based on cash sale terms and assuming a sale of each tract to a separate buyer. The Market Value of all of the lots combined would indicate a discount from the total of the Market Value conclusions of the individual parcels. The parcels are valued based on the sizes reported on the Kenai Peninsula Borough Tax Assessor's map. The appraiser reserves the dght to modify the value conclusions if a current survey by a registered Land Surveyor indicates a variation in size. ,, ISpecific Conditions None Appraiser j~r~ Derry- lExposure Time IAppraisal Development l' Reporting Process Indicated Exposure Time: 3-4 years To develop the estimates of value the appraiser performed a Complete Appraisal process as defined by the Uniform Standards of Professional Appraisal Practice (USPAP). This means that no departures from specific guidelines of USPAP were invoked. The Cost and Income Approaches are not applicable to this assignment because the property consists of vacant land. This Restricted Use Appraisal Report sets forth only the appraiser's conclusions and pmsent~ no discussion of the da'm, reasoning, and analysis that were used in the appraisal process to develop the estimates of value. Supporting documentation containing the data, reasoning, and analysis is retained in the appraiser's file. The depth of discu~ion in this report is sl~ec~fic to the needs of the client as identified in the Scope of Work. The appraiser is not r~sponsible for unauthorized use of this report. DEII~t~ & ASSOC~TES, ...... , DERR~ ,-~ ASSOCI~.T-E5 !nc. · i~.~'i: iai ~he h,~rt of rhese and a,~ o~r aecompii~hmaus lies our grea~r' ~ ~! /:. 'st'ea;gth--ourp~n-nership-driv~,n approach tim~ ~~ ~ ~o ~..' ~.. ~:..~ ~' ~0~ ~h our p~bl~ ¢~ p~te ~~, we bm~ rhm~. :'.q~ ~'~;;/ :j;'985 ~h i~lu~ ~ t~n 3oo,ooo ~ o[~ ~n % most :~.:.:'7 / ~ ~ aD~. In j~t ~ ~ 6 ~a~. our ded~d ~m ~ . :; .~~~n ~pi~. To~~ t~e e~, we ~n~for .... ,~ ~?~T $ ~ m" ~ .... . · · . ,¢. ,s,"'~/%~.J.' ~.~ ~ . . ~ <..~-:-::.our~ ~ · :~'"" '~ .,q EST ... ..~, ; j.,;~.~ ",.':::: ~,'.,.~ i,~,S (';rI,: W3I!F[i,::' .'.::.'; . ,, An easement on the smith Mesa Ranch adjacent to zion National Park benefited this working ranch and the park. Ion flose/VaLPA WEST AND SOUTHWEST Focus on, 1T41dlife Habitat Twelve miles of Cape Bingham's pristine coastline in Alaska will stay that way forever thanks to a partnership of the U.S. Forest Service, corporate and foundation philanthropy, and The Conservation Fund. he lore and legend oJ'th, e American IVest draw ~,isttors from, near and far. Deep desert can.~'ons, rick n~arine ecosfstems, u~broken forest e.~loanses-the re~i, on's ecolo~.cal variet? ts as wide ranging as its history' and culture. In 2oo~ The Consen, atton Fund protected re,ore than ~-4,,ooo acres of'wild lands and recreation areas. tr~cluding an open space oasis in t~rbanArizona, the untamed Lost Coast l]anch in nort. hem, Cali.fomta, and a secluded fisht~g area on Alaska's Kenai. Peninsula. ALASKA Kena~ Riuer At the confluence of the Kenai and Killey rivers lies a popular fishing spot called Wally's Hole. Here a cautious autumn angler can view an ancient annuat ritual: huge brown bears snatching salmon as thousands of the fish struggle to reach their upstream, spawning grounds. Support from the Richard and Rhoda Goldman Fund enabled The Conservation Fund to purchase a quarter-mile stretch of brown bear habitat along the Kenai adjacent to Wally's Hole. The property was turned over to the State of Alaska for long-term stewardship. ARIZONA Cerbat Foothills Recreation Area Made up of federal, state, county, and local lands, C erbat Foothills is an oasis of open space in the midst of urban development. The area provides needed respite from city life for thousands of people in northwestern Arizona. The Fund acquired 1,167 acres of private land to add to Cerbat Foothills and transferred the property to the Bureau of Land Management. ACROSS THE NATION :.. ,-":.2 .---,.... Created by the Fund in 1998, the Conservation Leadership Network is a strategic alliance of corporate, nonprofit, and government organizations dedicated to conservation leadership and training. To date, more than 2,O00 practitioners have attended courses at sites across the country and at the National Conservation Training Center in West Virginia. To meet increasing demands on the Network, the Fund is moving some of its core training programs to distance learning technologies. Known as Conser~a~i, onD[rect, this new technology-based education platform uses satellite television and the Internet to offer high-quality training anytime, anywhere. The Peter Jay Sharp Foundation, Bingham Trust, and Ford Motor Company Fund provide primary funding. ~t~ral t~esource Leadership Summit In a historic first, The Conservation Fund, with support from the Richard . King Mellon Foundation, brought together the directors of natural resource agencies from 45 states to discuss opportunities for the states to play larger roles in shaping the nation's conservation agenda. The state leaders are now discussing how best to organize as an association to allow better collaboratiOn with each other and with federal agencies. Secrem~ of Interior Gale l¥onon (third from left) and state conaen,~n leaders at the Natun~ l~esou~.e Le~lership Troy Bunch. Na~ion~d Conserva~n Training Cenm' Land Co~ervatmn Leadership Program Since 1998 the Land Trust Alliance and the Fund have joined forces to offer practical training courses for local land trusts, one of conservation's fastest growing constituencies. More than 500 land conservation leaders throughout the nation have participated in courses designed to strengthen organization's capacity to protect open space. The Peter Jay Sharp Foundation provided critical scholarships for the courses. Green Infrastructure In 2001 The Conservation Fund and its partners--the U.S. Forest Service and Maryland Department of Natural Resources---developed a wholly new program, "Green Infrastructure: A Strategic Approach to Land Conservation." The initiative's goal is to help communities and regions better balance new development with critical open space needs. Conservation GIS In concert with the U.S. Fish and Wildlife Service, University of Florida, and Canaan Valley Institute, the Fund provides instruction in Geographic Information Systems (GIS) for land trusts, natural resource agencies, and other organizations. GIS, a valuable tool in conservation planning, greatly assists community-based, statewide, and regional conservation planning efforts. Collaborating with the National Park Service, U.S. Fish and Wildlife Service, and Sonoran Institute, the Fund's Gateway Communities Program offers training and technical assistance to communities serving as gateways to public lands. In 2001 the Fund, in partnership with Niagara Mohawk Power Corporation and American Express, expanded a major application of the Gateway Communities Program in the Adirondacks working with the more than 100 towns and villages in the region. In addition, the Fund and its partners piloted an interactive television workshop (via satellite) titled "Gateway Communities: Keys to Success." More than 300 people participated at 58 sites in 30 states. THE CENTER FOR CONSERVATION AND DEVELOPMENT smart devetopment~-development that is environmentally sensitive and economically viable. aphazard growth and the a. ccelerating loss of open space are issues of growing national concern. Healthy landscapes and vibrant communities require smart conservation-- conservation that is proactive and strategic. They also require In 2001 The Conservation Fund launched the Center for Conservation and Development to help landowners and communities address the "significant and interrelated problems of haphazard conservation and ~' poorly planned development. Leveraging the Fund's 'unique ability to build public/private partnerships and its'experience in land-use planning, community visioning, and land conservation,, the Center focu~ on . strategies'that result in both better'conservation and better development. I~: Major support is provided by the Jackson Hole Preserve, Inc., the Tucker Foundation, and the Surdna Foundation, Inc. SMART DEVELOPMENT'" The Practwe of En~ronmemaIly. Sensitioe Development The Center, in partnership.', with .the Urban Land Institute, offers an innovative course 'that last year. trained more than' 120 builders and developers in the planning, design, .and marketing of environmentally. senSitive real estate development proj.ects. . · .. ,'.z. Smart Growth and Conservation Development -Publications The Center produced new publications about improving land conservation and development across America. They include a full-color second edition of the book Better Models for De~elopment in ~rginia, as well as articles on overcoming barriers to better development and on innovative ways to improve building codes, road design, and zoning. Conservation Development Case Studies In 2001 with a pilot project in the Chesapeake Bay watershed, the Center launched a nationwide effort to create a database of case studies on the challenges and benefits of conservation-based development. SMART CONSERVATION Metropolitan Atlanta Rapid Open Space Assessment The Center provided green infrastructure mapping and open space analysis to the Arthur M. Blank Family Foundation as it sought to develop a new conservation-based grant program to benefit metropolitan Atlanta. The Center's analysis revealed opportunities for open space protection and provided a framework for identifying conservation priorities. Milwaukee Watershed Conservation Plan Working with the Milwaukee Metropolitan Sewerage District, the Center completed and is now implementing a conservation plan to preven* future flooding in urban Milwaukee watersheds. Th~ ,.,.~ plan, the first of its kind, identified more than 7,000 · acres of open space at risk from development and . suggested strategies on how to create a permanent. green infrastructure in flood-prone areas that would" absorb future flood waters before they affect downstream development. Kinston/Leno~r County' Green Infrastructure Plan, North Carolina · ". Collaborating with the Department of City and .. Regional. Planning (University of North Carolina, "Chapel Hill), the City of Kinston, and the County of . · Lenoir, the Center created a plan to conserve a network of green space in the Neuse River floodplain. .. 'Part of The Conservation Fund's Resourceful Communities Program and its 'River Communities in Recovery". project, the plan identified Federal Emergency Management Agency properties that could be connected and set aside to mitigate the impacts of future flooding. a lak~ ~ and hoe~ ~ o Tmy ~ Jessica H. Catto President Crockett Street Management, LLC Texas and Colorado Gilbert M. Grosvenor Chairman of the Board National Geographic Society Virginia Ann McLaughlin Koroiogos Former U.S. Secretary of Labor District of Columbia Nelson A. Rockefeller, Jr. Conservationist New York Patrick R No©nan Lawrence A. Seizer Norman L. Christensen, Jr. KiKu H. Hanes Chairman President & CEO Nicholas School of the Environment Director, Montana Office The Consen~ation Fund The Conservation Fund Duke University The Conservation Fund Man/land Virginia North Carolina Montana John W. Patten J. Rutherford Seydel I! Sylvia A. Earle Hadlai A. Hull President Emeritus Partner Chairman Treasurer Business Week Magazine Lawson, Davis, Pickren & Seydel Deep Ocean Exploration and Research The Conservation Fund Vermont Georgia California District of Columbia George A. Ranney, Jr. Hubert W. Vogelmann Richard L. Erdmann Charles R. Jordan President & CEO Chairman Emeritus Executive Vice President Vice Chairman Chicago Metropolis 2020 Botany Department & General Counsel The Conservation Fund Illinois University of Vermont The Conservation Fund Director Vermont Virginia Portland Parks & Recreation Oregon l/olunteer members of the, Corporate Council advise The Conservation Fund on opportunities for pri¢a~e-sector partnerships and on directions in sustainable development. Current and put ~j~ili~tions are shown forpurposes of identification. Riley P. Bechtel Bechtel Group, Inc John F. Book©ut, Jr. Shell Oil Cornpany Crandail C. Bowles Springs Industries, Inc Richard E. Cavanagh The Conference Board Paul W. Cheilgren Ashland Inc. Ernest H. Cockrell Cockretl Oil Corporation Peter H. Coors Coors Brewing Company John T. Dillon International Paper Company General P.X. Kelley USMC (Ret.) Park Place Holdings Ann McLaughlin Korologos Microsoft Corporation Alan J. Noia Allegheny Energy, Inc. John W. Patten Business Week Magazine Irl E Engelhardt Dan W. Lufkin Edmund T. Pratt Peabody Group Questor Management Company Pfizer Inc. J. Brett Harvey John A. Luke, Jr. David M. Roderick CONSOL inc. MeadWestvaco Corporation USX Corporation James A. Mack Carnbrex Corporation W. Henson Moore American Forest and Paper Association Charles O. Holliday, Jr. E.L du Pont de Nemours & Company John W. Johnstone, Jr. Olin Corporation William D. Ruckelshaus Madrona Investment Group, LL C Frederick L. Webber American Chemistry Council Front co~,er-dockw~se ~rora upper le~.. Co~stoi C, al~J'ornm © David blueneh. Prairie Cross~ng © Edus~rd McMahon. Grarui Tetons © How~e Garber. Al~kan Brmvn Bear courtesy of © Thorna~ O. Mange~sen. Ambm Mountain courtesy o.f © Cruig M. Tanner. Opposite page., ttainbom o~er Coyote Bu~s. Arizona © Howie C~rber AGENDA KENAI CITY COUNCIL- REGULAR MEETING JUNE 1, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / www. ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Aurora Borealis Students -- International Robotics Competition ~. /~ /~_~o Frontier Community Services -- James Duff ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASS~LY, LEGISLATORS AND COUNClI~ ITEM E: REPORT~ OF KENAI CONVENTION/is VISITORS BUREAU. BOARD AND'~ ITEM F: Amended Ordinance No. 2102-2005 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006. Ordinance No. 2103-2005 -- Amending the Fine Schedule in KMC 13.10.015 by Adding Negligent Driving, Failure to Yield to an Emergency Vehicle, and Violations of Airport Parking Regulations to the List of Minor Offenses on the Fine Schedule that Can be Disposed of Without a Court Appearance. ReaMution No. 2005-16 -- Expressing Support for KPB Ordinance 2005-19; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan. (Postponed from May 18, 2005 meeting.) Resolution No. 2005-24 -- Fimng the Rate of Levy of Property. Tax for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006. Resolution No. 2005-25 -- Transferring $7,500 In the General Fund for Repair of the Fine Arts Building. Resolution No. 2005-26 -- Awarding the Bid to Denny's Construction, Inc. for Concrete Repairs - 2005 for the Total Amount of $22,520. ITEM G: MINUTES ITEM H: OLD BUSII~~S Discussion/Approval -- Display of Boat K-6 at Kenai Landing. ITEM I: NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 Discussion -- Proposed City of Kenai Mini-Grant (postponed from May ~.~~,~ ~/_ 3. ~.., -18, 2005 meeting). - In, m on Inc.-- a, _ lock 1, Gener~ A~a~on Apron: 1)~en~ent to ~ase Chang ~e ~' _~~ ,2,Use; ~d 2) Reauest to Sublease to ~ Supply ~aska, Inc. 5. _ Discu~ion -- Conoco/Pb~ps' Mulfi-~~ose Fac~~ N~g ~opos~. ITEM J: CO~~ION/CO~~RR ~~ . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: AD_MINISTRATION RE~RTS . City Manager Attorney City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECU?IVE SRSSION- None Scheduled ITEM N: AGENDA KENAI CITY COUNCIL- RF.~ULAR MEETING JUNE 15, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / www. ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which cas~. the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minuteS) ITEM D: REPORTS OF KPB ASSE~LY. LEGISLA~~ AND COUNCIL8 ITEM E: REPOR~ OF KENAI CONVENTION &~ VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: . Ordinance No. 2104-200~.-- Increasing Estimated Revenues andr- ' Appropriations by $10,000 in the Senior Citizens Borough Fund and~. Semor Citizens Title III Grant Fund. ---> a. Motion for Introduction --~ b. Motion for Second Reading (Requires a Unar~imous Vote) ___> c. Motion for Adoption Resolution No. 2005-27 -- Supporting the Reopening of the Healy Clean Coal Plant. Resolution No. 2005-28 -- Awarding Janitorial Contracts for the Kenai Community Library Building Commercial Janitorial Services for the Period July 1, 2005 Through June 30, 2006. Resolution No. 2005-29 -- Awarding the Bid to Grace Painting, Inc. for Kenai Visitors Center Exterior Painting - June 2005 for the Total Amount of $15,284. Resolution No. 2005-30 -- Transfernng $43,000 in the Wellhouse 4 Capital Project Fund for Additional Engineering 'for Wellhouse 4. ITEM G: MINUTES . *Regular City Council Meeting of June 1, 2005. *Special City Council Meeting of June 9, 2005. ITEM H: OLD BUSINF~S Discussion/Approval -- Display of Boat K-6 at Kenai Landing. ITEM I: NEW BUSINESS , Bills to be Rat/fled Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2105-2005 -- Increasing Estimated Revenues and Appropriations by $220,000 in the Airport Land System Special Revenue Fund and the Runway Safety Ar~a Improvements Capital Project Fund. . *Ordinance No. 2106-2005 -- Increasing Estimated ..~venues Appropriations by $50,000 in the Water and Sewer System Analysis Capital Project Fund. Discussion -- Draft Resolution/Intent for Donation of Property to Senior Connection/Proposed Assisted Living Facility. Discussion -- PERS Rehired Retiree Program Continuation. ~, ~/~~Z~~,. ~/~--__~,~.__ ~~'~~Dis~usai°n--Dock Boat Exit Road/Land Trade ~~ Conse~a~on ~d. -.~ ~ ~ ~ ~ . v/~-- 8. ~cu~ion -- Adve~smg/~rchase -- AI~~' No~h to t~ ~mre, ~ ~ ~~. Volu~ ~. ITEM J: COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: ITEM L: REPORT OF THE MAYOR ADMINISTRATION REPORTS . City Manager Attorney City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM N: ADJOU'I~IM~NT DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROJECT MANAGEMENT AND PERMITTING ALASKA COASTAL MANAGEMENT PROGRAM FRANK H. MURKOWSK! GOVERNOR WSOUTHCENTRAL REGIONAL OFFICE 550 W.. 7m .4 VENUE, SUITE 1660 .4NCHORAGE, ALASKA 99501 PH: (907) 269- 74 70 / FAX: (907) 269-3981 ~l CENTRAL OFFICE P.O. BOX 110030 JUNEAU. ALASKA 99801-0030 PH: (907) 465-3562/FAX: (907) 465-3075 ~ PIPELINE COORDINATOR'S OFFICE 411 WEST 4m .4 VE,~t.,:E. SUITE 2C .4NCHORA GE. ,,U..,~,.~C4 99501-2343 PH: (907) 257-1351/FAX: (907) 272-3829 www.alaskacoast, state.ak.us June 8, 2005 Mr. Winston Gillies P.O. Box 1486 Kenai, Alaska 99611 Subject: Kenai River Mile 3.5, Mooring Buoy State ID NO. AK 0504-07AA Final Consistency Response Dear Mr. Gillies' The Office of Project Management & Permitting (OPMP) has completed coordinating the State's review of your proposed project for consistency with the Alaska Coastal Management Program (ACMP). OPMP has developed the attached final consistency response based on reviewers' comments. Based on an evaluation of your project by the Alaska Departments of Environmental Conservation, Fish and Game, and Natural Resources and the Kenai Peninsula Borough, OPMP concurs with your certification that the project is consistent with the ACMP and affected coastal district's enforceable policies. This concurrence is also based on your adoption of alternative measures to achieve consistency with the ACMP enforceable policies. This is the final consistency decision for your project. This consistency response is only for the project as described. If you propose any changes to the approved project, including its intended use, prior to or during its siting, construction, or operation, you must contact this office immediately to determine if further review and approval of the revised project is necessary. By copy of this letter, I am informing the U.S. Army Corps of Engineers of OPMP's final finding. If you have any questions regarding this process, please contact me at 907-269-7468 or email amanda_henry~dnr, state.ak, us. Sincerely, Amanda S. Henry Project Review Coordinator Enclosures cc: Emaii Distribution Only Lisa Gibson, COE Regulatory Branch Carol Freas, City of Kenai Fran Roche DEC, Juneau Andrew McCarthy, National Park Service Bob Shavelson, Cook Inlet Keeper, Homer Debra Cooper, USFS Seward Ranger District, Seward Gary Porter, Bald Mountain Scientific Gary Sonnevil, Field Supervisor, US Fish and Wildlife Service, Kenai Gary Williams, Planning Director, KPB, Soldotna Glen Yankus, NPS, Anchorage Holly Babcock, Kenai Peninsula Borough Honorable Dale Bagley, Mayor, KPB, Soldotna Jade Gamble, OHMP/DNR Jane Gabler, KPB, Soldotna Janet Hen', NMFS Jeanne Hanson, NMFS Joe Meade, USFS Kara Moore, ACMP Coordinator, DNR, Anchorage Lee McKinley, DNR/OHMP, SOldotna Linda Markham, DOT/PF, Anchorage Mark Luttrell, Director, Eastern Kenai Peninsula Environmental Action Assoc., Seward Mona Painter, Cooper Landing Community Club, Cooper Landing Phil North, EPA, Kenai Rick Rogers, Chugach Alaska Corporation, Anchorage Rob Spangler, USFS Robin Willis, DFG, Anchorage Roger Graves, Port of Anchorage, Anchorage Stefanie Ludwig, DNR/SHPO, Anchorage Suzanne Fisler, DNR Wayne Dolezal, DFG, Anchorage Jeff Johnson, DNR FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 2 ALASKA COASTAL MANAGEMENT PROGRAM FINAL CONSISTENCY RESPONSE CONCURRENCE DATE ISSUED: JU~E 8, 2005 PROJECT TITLE' KENAI RIVER MILE 3.5 MOORING BUOY STATE I~. No.' AK 0504-07AA AFFECTED COASTAL RESOURCE DISTRICT(S): KENAI PENINSULA BOROUGH PROJECT DESCRIPTION AND SCOPE OF THE PROJECT SUBJECT TO CONSISTENCY REVIEW: The project subject to this consistency review is thc installation of a mooring buoy and associated anchor and chain below thc mcan high water mark (MHW) of the Kenai River. The proposed buoy would be seasonally removed at thc end of the fishing season. The proposed mooring buoy would be 30" in diameter, and the attached chain would extend 60 feet to the proposed 400 pound, concrete anchor measuring 18" x 18" x 18". Thc city of Kenai holds title to thc submerged lands of the Kenai River at thc location of the buoy. The buoy would be anchored in the NW ¼ SE ¼ NW ¼ Section 17, T. 5 N., R. 11 W., Seward Meridian at approximately Kenai River mile 3.5. The applicant has agreed to incorporate the following alternative measures into the project proposal: o The buoy shall be visibly marked and placed to minimize navigation hazards or obstruction. CONSISTENCY STATEMENT: OPMP concurs with the consistency certification submitted by Mr. Gillies. AUTHORIZATIONS: State agencies shall issue the following authorizations within five days after OPMP issues the final consistency determination that concurs with the applicant's consistency certification, unless the resource agency considers additional time to be necessary to fulfill its statutory or regulatory authority. U.S. Army Corps of Engineers (COE) Section 10 Permit No. POA-2005-423-1 The Department of Environmental Conservation (DEC) will review any activities subject to DEC permits, certifications, approvals, and authorizations for consistency with 6 AAC 80.140. The issuance of the permits, certifications, approvals, and authorizations by DEC establishes consistency with 6 AAC 80.140 for those specific activities. Please note that, in addition to their consistency review, State agencies with permitting FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 3 responsibilities will evaluate this proposed project according to their specific permitting authorities. Agencies will issue permits and authorizations only if they find the proposed project complies with their statutes and regulations in addition to being consistent with the coastal program. An agency permit or authorization may be denied even though the State concurs with the ACMP. Authorities outside the ACMP may result in additional permit/lease conditions. If a requirement set out in the project description (per 11 AAC 110.260) is more or less restrictive than a similar requirement in a resource agency authorization, the applicant shall comply with the more restrictive requirement. Applicants may not use any State land or water without Department of Natural Resources (DNR) authorization. APPEAL: This final consistency response is a final administrative order and decision under the ACMP and for purposes of Alaska Appellate Rules 601-612. Any appeal from this decision to the superior court of Alaska must be made within thirty (30) days of the date this determination is issued. ENFORCEMENT: Pursuant to 11 AAC 110.260(e) and 110.445(e), if after receiving this final consistency response, the applicant fails to implement an adopted alternative measure, or if the applicant undertakes a project modification not incorporated into the final determination and not reviewed under 11 AAC 110.800-11 AAC 110.820, State resource agency may take enforcement action according to the resource agency's statutory and regulatory authorities, priorities, available resources, and preferred methods. ADVISORIES: Please be advised that although the OPMP concurs with your certification that the project is consistent with the ACMP, you are still required to meet all applicable State and federal laws and regulations. This consistency finding may inclucte reference t~., ~pecific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. If the proposed activities reveal cultural or paleontological resources, please stop any work that would disturb such resources and immediately contact the State Historic Preservation Office (907-269-8720) and the U.S. Army Corps of Engineers (907-753-2712) so that consultation per section 106 of the National Historic Preservation Act may proceed. Final Consistency Response Prepared By: Amanda S. Henry Project Review Coordinator 550 W. 7th Ave., Suite 1660 Anchorage, AK 99501 (907)269-7468 __June 8, 2005 FINAL CONSISTENCY RESPONSE-CONCURRENCE PAGE 4 ACMP CONSISTENCY EVALUATION Pursuant to the following evaluation, the project as proposed is consistent with applicable ACMP statewide and affected coastal resource district enforceable policies (copies of the policies are available on the ACMP web site at http://www.alaskacoast.state.ak.us). STATEWIDE ENFORCEABLE POLICIES 6 AAC 80.tl40. Coastal Development Evaluation: a) N/A OPMP defers to the Umted States COE to interpret compliance with the referenced standards. 6 AAC 80.050. Geophysical Hazard Areas Evaluation: No comments were received from the distdct or State agencies identifying the proposed site as an area where them is substantial possibility that geophysical hazards may occur. 6 AAC 80.060. Recreation Evaluation: The proposed project site is not located within an area designated by the district for recreational use. 6 AAC 80.070. Energy Facilities Evaluation: N/A 6 AAC 80.080. Transportation & Utilities Evaluation: N/A 6 AAC 80.090. Fish & Seafood Processing Evaluation: N/A 6 AAC 80.100. Timber Harvest & Processing Evaluation- N/A 6 AAC 80.110. Mining & Mineral Processing Evaluation: N/A 6 AAC 80.120. Subsistence Evaluation: No comments were received by the district identifying the project as being located in an area in which subsistence is the dominant use of coastal resources. 6 AAC 80.130. Habitats Evaluation: The Habitat Standard requires that habitats in the coastal area be managed so as to maintain or enhance the biological, physical, and chemical characteristics of the habitat which contribute to its capacity to support living resources. Uses and activities in the coastal area which will not conform to these standards may be allowed by the district or appropriate state agency if the following are established: 1) there is a significant public need for the proposed use or activity; FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE $ 2) there is no feasible prudent alternative to meet the public need for the proposed use or activity which would conform to the standards. 3) all feasible and prudent steps to maximize conformance with the standards will be taken. In applying this section, districts and state agencies may use appropriate expertise; including regional programs (district plans). Evaluation: No habitat concerns or comments regarding impacts associated with the placement of the mooring buoy were received. 6 AAC 80.140. Air, Land & Water Quality Evaluation: The DEC statutes and regulations with respect to air, land and water quality are incorporated into the ACMP. The issuance of a DEC authorization constitutes consistency with the ACMP for the authorized activity and this standard. Consistency with this standard will be established when the DEC issues or waives the required authorizations. 6 AAC 80.150. Historic, Prehistoric, and Archaeological Resources Evaluation: Comments from the district and the State did not identify the proposed project location as an area which is important to the study, understanding, or illustration of national, state, or local history or prehistory. The applicant has been advised to contact DNR/SHPO and the U.S. Army Corps of Engineers and the Alaska State Troopers should a site of cultural or historical significance be suspected or revealed and to stop any work that would disturb any resources. AFFECTED COASTAL RESOURCE DISTRICT ENFORCEABLE POLICIES KPBCZM 2.1 Navigation Obstruction: The applicant has agreed to comply with the KPB.in ensuring that the buoy will be visibly marked and placed to minimize navigation hazards or obstructions. FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 6 CITY OF KENAI - DOCK R TE SCHEDULE Linda Snow, City Manager' June 24, 2005 KENAI HARBOR RATE SCHEDULE The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 5% sales tax added to the total invoice (3% City and 2% Borough). RATE SCHEDULE SUMMARY 1. Product wharfage (w/crane; w/o forklift) $ 0.07lib , Non-product wharfage (ice, nets, staples, etc.) O.04/Ib. Purchases Purchases Purchases Under 500 500 gal. 2000 gal. Gallons or more or more , 2. Fuel Gasoline Regular 2.046 1.996 State Marine Tax .050 .050 Federal Tax .184 .184 Total S/gal. 2.28 2.23 Diesel #2 2.30 2.25 2.20 State Marine Tax .05 .05 .05 Total S/gal. 2.35 2.30 2.25 *NOTE: discounts for volume purchases are for one vessel at a time. , r I 3. Used Oil Dumping $1.00/gal. 4. Boat Launch Ramp 0-10 min. - $15.00 Includes Parking with Trailer Each min. over 10 min. - $1.00/min. Seasonal pass per boat- $150/season 5. Parking Only (If with trailer, must pay launch foe) · $10.O0/day Seasonal Pass for Parking $100.00/Season 6. Tie Up Fee A. Skiffs tied to land side of concrete dock $7.00/day Seasonal Pass per boat $150/season B. Boats tied to buoy in river $10.O0/day Seasonal Pass per boat $150/season 7. Forklift w/OPerator (1/2-hr. minimum) $50.O0/hr. 8. City Labor Charges for call out (2-hr. min.) $40.00/hr. 19. I Other Items Finance ~ See Dock Manager Prior to Use J c E N T E R Project, Tracking Sheet Project Start'i ' Project Comple ) i200 .o¢o. App. Start Date: i 06t15120051- Proj Name: Applicant:- Contact Name: Location: Stream No: Review Type: Comments: Sheetld ! 58241 Subregn: :I~iKp .......... ' Coast. Dist: ....................... t-'--7---"~___________i .............. : ................ f ..................... ..... '" ~~ ~- ...... ~ .................. DNR Date In: ._06__/_!.5_~0_..0_5_.{ File Number: ~, .5_8. 2._4- ................ Spec Ama:i Tax Credit; ~. Parcel No: Riv. Mile :KENAI RIVER APMA#: COE COE Pmt Expires COE JD Expires: i Pmt Auth Typ ~ .................................... , GC#: !.i ........................ ..... ,t I~/VF~: i ................................... I SINGLEAGENCY; ~ MULTIAGENCY: f12'X12', 4~X52' GANG PLANK, 4'x16' FLOATING ACCESS TO 4'x18' FLOATING DOCK - EXISTING DOCK THAT WAS i [u. EG_~_E.,.D_._~~_N..C.,..L_O._S.E_.D....S~.~._O_ !LO......~.._.~._e.. S: ......................................................................................................................................... i CC: I '--"'---! COE-KFO: ~ COD: L~ MINING LIST: C3 Cost Share: ~ TAX: ~--~ CZM: ,~ OPMP:r'-}~, UgFWS' L-'J KNWR: ~ COK: [~ COS: ,F-), ADF&GISF: E] 1, I i i Al: Al Req Date: i ............. ! Al Rec Date: '. ................. ! # Days Review Susp I. ........ i OPMP: ID ~ Comments Due Revised Due Date Comm Sent Date Final Deter Rec'd FP OHMP ILM '{J j i 07/1~2005Jl ~___ , ,,, OHMP ~end: [.~ CC Emailed: ~-'~ Revr Pmt/Ref # Resp Due Revised Due Inspect Recm Recto Dat Auth Flnal Action I Date Expiry ACMP: ._ IPR) Individual Project Review (consistency review) _. IPRA) No Consistency Review, amends permit issued under IP __ CC) Categorically Consistent ._ GC) General Concurrence ._. NA) Not Applicable (none of the above) '__FM) Fisheries Management _HA) Hazing __LU) Land Use _..ME) Matedal Extraction ._OF) Ouffall Structure .._OS) Oil Spill Training/Response ._OT) Other .._PC} PlacerlCommerclal __PR} Placer/Recreational ._UL) Utility Line ._VF) Vehicle/Equip Ford ._WB) Walkway/Boardwalk/Stairs _.WE) Walkway/ELP/Stairs __WW) Water withdrawl/IntakeStructure _BS) Bank Stabilization/River Training _BR) Bed/Bank Restoration _Bi) Bridge Install/Maint/Removal _BL) Boat Launch ._CI) Culvert Install/Maint/Removal _DF) Dock/Floating __DG) Dredging _DI) Darn/Impoundment ._DP) Dock/Pile ._DR) Debris Removal ._DV) Dlversion/Reailgment _.ES) Explosives/Seismic __FE) Fish/Wildlife Management ..... ]7---] [----q i ......... II 1' Recm. Comments Only 1' Final Action __ PA) Rec Approval _ D) Denied __ RD) Rec Denial __ I) Issued GC) General Comments _ NR) Not Recl'd .. NR) Not Reviewed ._ WD) W'~drawn by applicant __. WD) Withdrawn/closed ._ O) Other Authorities (Auth) OHMP __ 840) Fish Passage __ 870) Anad. Water __ 890) Emergency FP __o40) KPB - HP __ 070) Allowable _ 080) C.U,P. __ 090) Prior Existing __ 040) Tax Credit CD I '. :ol LV~' LtJ o N .., Lo.' ;~ 2.~umen t Name PUBSCT000317 JUN15050506 i 2006 Public iniormaticn -. -Primary Owner FOSTER STEVE & 3ACK & GARY PO BOX 303 SOLDOTNA o AK 99669-0303 ......... General In formation Tax Code Area 30 KENAI Last Inspected'01/05 BASEMAP' KR06 Transferred 07/87 QUIT CLAIM DEED Bk/Pg 0314/0116 Doc No Structures 5 1 CABIN 2 CABIN Parce10493903R 6 T'a~sMeAway ......... -@cai Descriotion 1005 ANGLER DR T05N RllW Sll KN0840235 ANGLERS ACRES SUB PART 4 LOT I Appr/Book 049 B1 t Ar@a !998 BASE PORCH OPEN WOOD WITH PORCH OPEN WOCD WITH 1998 BASE --C@rtified Appraisal Values Sc. Feet 289 119 24 289 1.50 Roll MAIN MAIN 0 MAIN 0 MAIN 0 Year Land Improvem@nt Spec Feat 2005 116,800 41,900 5,800 2004 104,500 38,400 6,400 2003 82,500 17,000 12,800 2002 82,500 11,900 12,800 Parcel has note types=B. Appraisal ! 64,500 149,300 112,300 107,200 Taxabl 164,500 149,30 112,30 :07,20 Date' 6/16/2005 Time' 4'10'49 PM RECEIVED JUt, I 1 5 2005 KENA! RIVER CENTER Multi-Agency Permit Application C F.. N T E, r~ NOTE: YOU MIGHT BE CONTACTED BY AN AGENCY REQUESTING FURTHER INFORMATION ON YOUR APPLICATION. Applicant Information: Name: ~/I}.1~¥ ~--O.~'~T~'~ _ Mailing Address: Bo~ ~1'o~' City, State, Zip: I~JOl~ Prat..c~q~,~t Phone (home/work): .2.f~,.-7B~7 Cell Phone: ~5~ ' ~q~ / ~~'~~ Please complete the followin~: Parcel Information: Lot:_[_ Block____ Subdivision/h/O~ ~ _ River/Stream Name: River Mile · Right J~ or Left U! bank? (Looking down-stream) K?B Parcel #: 1) Th~ project is located within the city limits of: Soldotna 12 Kenai~ Neither 2) This project is located with/n Moose Range Meadows Subdivision, within the KNWR? Yes Ifyes, is the project within one or both of: - the variable non-development easement? Yes [Zi No EI Not Sure[D - the 25-foot public use easement? Yes 12 No UI Not Sure[2] 3) The project is located within 50-feet of the ordinary high water (OHW) or mean high water (MHW) of an anadromous stream? Yes 1~ No UI Not sure where OHW or MI-IW line is 4) Does any portion of the project cantilever or extend over the OHW or MI-IW of the stream? Yes ]~ No l-1 Not sure where OHW or MHW line is UI 5) Does any portion of the project extend below the OHW or MttW line of the stream? Yes ~ No Fl Not sure where O HW or MHW line is Fl 6) Does this project replace a prior existing structure? Yes j~ No I2 7) Will material be extracted or dredged fi'om the floodplain or fiver bed? Yes If yes, what type? 8) Will material (including spoils, debris, or overburden) be deposited in the floodplain or fiver? Yes, temporarily F1 How long? If yes, what type of material is it7 Where in the stream will the material be deposited? 9a) List all motorized equipment to be used on this project: t~//A Yes, permanently F1 No~ AJIlOUllt: 9b) What motorized equipment will be used below OHW or MHW? KRC: PAGE 1 06/02/03 Multi-Agency Permit Application Page 2 9¢) Length of time motorized equipment will be used below OHW? 9d) Length of time motorized equipment will be used above OI-BV? bt//tA .. I0) Directions to the site: ~~0~IZ l_oop To F+~t~~ ~ I 11) Surface area in acres of wetlands or other waters filled: / 12) Is anyportion of the work already complete? Yes ~ No~. IfYes, describe the completed work: 2IX12g. 15 .~0 v~=..q~5 ~0. 13) Addresses of Adjoining ..Property Owners, Lessees, etc., whose property adjoins, the waterbody (If more than can be emoted hem, please attach a supplemental list). .... II ! I II IIII IIII I III I .... STATEMENT OF AUTHORJZATION F_, -.25 DATE I1 I II I I hereby authorize, to act in my behalf as my agent in the pr°Cessing of this application and to furnish, upon request, information in support of this permit application. Application is hereby made for a pemfit or permits to authorize the work descnl~d in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work descnbed herein or am acting as the duly authorized agent of the applicant. . " SIGNATURE OF AGENT ...... DATE" 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfiflly falsifies, conceals, or covers up any frick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document kllo~g ~ to COll!sin any false, fictitious or fraudulent statements or entry, shall be fined not more than $ I 0,000 or KRC: PAGE 2 06/02/03 Please answer all questions. To avoid a delay in processing, please call the department if you answer "yes" to any of , . _ the questions relatefl to that department. Maps and plan drawings must be included with your packet. An incomplet~ packet will be returned. ~ APPLICAaNT INFORMATION Name of Applicant Addre~ g~n-~.. ~,.. ~.~/ Ci~/S late / ~p Cod~ Dayt~m~ Phon~ ' Agent (Or responsible party if other than applicant) , Address City/Stat~ Slam Zip Code Fax Number ' ' '" -- - E-mail Address Fax Numb'er Daytime Phone Zip Cod~ E-mail Address PROJECT INFORMATION Yes This activity is a: r-l new project .~modification or addition to an existing project If a modification, do you currently have any State, federal or local approvals related to this activity? ........................................................................................................................ Note: Approval means any form of authorization. If "yes," please list below: Approval Type Approval # Issuance Date Expiration Date 2. If a modification, has this project ever been reviewed by the State of Alaska under the ACMP? ........ [22 ' Previous State I.D. Number: AK,, ,, Previous Project Name' PROJECT DESCRIPTION 1. Provide a brief description of your entire project and ALL associated facilities and land use conversions. Attach additional sheet(s)a~ needed. ' . Proposed starting dat~ for project: Proposed ending date for project: Revised 7/22/03 2. Attach the following: · a de*ailed description of the project, ail associated facilities, and land use conversions, etc. ("Be specific, including access roads, caretaker facilities, waste disposal sites, etc.); · a project timeline for completion of all major activities in thc proposal; · a site plan_ depicting property boundary with all proposed actions; · other supporting documentation that would facilitate review of the project. Note: If the project is a modification, identify existing facilities as well as proposed changes on the site plan. Page 1 ~ PRO,IE~ LOCATION le Attach a copy of the topographical and vicinity map clearly indicating the location of the project. Please Luclude a map title and scale. . The project is located in which region (see attached map): El Northern El Southcentral El Southeast El within or associated with the Tram-Alaska Pipeline corridor . Location of project (Include the name of the nearest land feature or body of water.). Township~ Ranse~ Section~ Meridian~ Latitude/Longitude '"/ . Is the project located in a coastal district? Yes El No El If yes, identify:'. - ' (Coastal diztrictr are a municipality or borough, home rule or fir~t cla~ city, ~econd cla~ with planning, or coastal r~ource servic~ area.) Note: A coastal district it a participant in th~ State's consistency review proems. It is pop, ibis for the State r~vlew to b'~ adfitsied to accommodate a local perrnttttng publlc hearing. Early interaction with the district ix important; please contact the restrict repre~tntative listed on the attached contact list. ., 5. Identify the communities closest to your project location: 6~ The project is on: E! State land or water* E! Federal'land ." [El Private' land ' --. FI Municipal land El Mental Health Trust land *State land can be uplandz, tidelands, or submerged lands to 3 miles offihor~ See Question #1 in DNR sectiott Contact the applicable landowner(s) to obtain necessary authorizations. 1 DEPAR'I~I~ OF ENVIRONM]gNTAL CONSERVATION (DEC) APPROVALS , 1. Will a discharge of wastawat~r ~om industrial or commercial operations occur? ...... : ........................ Will the discharg~ be connected to an already approved sewer system? ..... ' '". Will the project include a stormwater collection/discharge system? ..................................................... NO . t , Do you intend to construct, install, modify, or use. any part of a wastewater (sewage or grcywateO disposal system?.. ........................................................................................................... El a) If so, will the discharge be 500 galIons per day or greater? ............................................................ b) If constructing a domestic wastewater treatment or disposal system, will the system be located within fill material requiring a COE permit? ..................................................... El If you answered yes to a) or b), answer the following..' 1). What is the distance from the bottom' of the system to the top of the subsurface water table?. ... ~/,tl ,, ........... . 2) How far is an3; Part'-ofthe:wastei~aief' dlS~0sa] sy~t~a'"f~m the nearest ~t/rfa&~, waier?'~ ~//~" 3) Is the surrounding area inundated with water at any time of the year? ........................... ---' ..."El 4) How.big is the fill area to be used for the absorption system? (Questions I & 2 ~ill b~ used by DEC to d~t~rmine whether separation distances ar~ t~ng met; Qu~tions 3 & 4 relatt to the requirtd $txt of th~ fill il'wetlands are involved.) e Do you expect to request a mixing zone for your proposed project? ........ ~..//,~ ................................. lEI. (If)our wasttwattr ditc. harg~ will exceed Alaska water quality standards, you may apply for a mixing zone. lf so, please contact DFC to discuss information required under 18 AdC 70.032.) Revised 7/22/03 Page 2 o Yes a) Will your project result in the construction, operation, or closure of a facility for the disposal of solid waste? .................................................................................................................. 12 (Note: Solid waste mean. r drilling wa.~t~, household garbage, refu~e, ~ludg¢, construction or demolition ~astex, industrial xolid wa~tt, asb~tox, and other ditcardedo abandoned, or unwanted.rolid or semi-~olid material, wh~thtr or not subject to decomposition, originating.from any source. Disposal mean~ placement of sotid waste on land.) b) Will your project result in tho treatment of solid waste at the site? ............................................... 12 ('Exampl~ of treatment method~ include, but are not limited to: incineration, open burning, baling, and compo~ting.) c) Will your project result in the storage or transfer of solid waste at the sit~? ................................ lEI d) Will the project result in the storage of more than 50 tons of materials for reuse, recycling, or resource recovery? ..................................................................................................................... I"l e) Will any s~wag~ solids or biosolids be disposed of or land-applied to the site? ........................... 12 (Stwage $olid, include wastex that have been remaved from a wastewater treatment plant yystem, xuch a~ a .reptic tank, lagoon dredge, or wastewater treatment ~ludge that contain no free iiquidr. Bio~olid~ are ~e solid, semi-solid, or tiqutd re~idue~ produced during the trtatment of dare.tic xeptage in a treatment work~ whtch art land applied for beneficial No e Will your project require the application of oil, pesticides, and/or any other broadcast chemicals? ............................................................................................................................................ l"I d) 6. a) Will you have a facility with industrial processes that are designed to process no less thanfive tons per hour and needs air pollution controls to comply with State emission standards? ........................................................................................................................ El b) Will you have stationary or transportable fuel burning equipment, including flares, with a total fuel consumption capacity no less than 50 million Btu/hour? .................................... c) Will you have a facility with incinerators having a total charging capacity of no less than !,000 pounds per hour? .......................................................................................................... · Will you have a faciIity with equipment or p~ocesses that are subject to Federal New ...Source Performance Standards or National Emission Standards for hazardous air pollutants? ... lEI · .' i) Will you propose exhaust stack injection? .............................................................................. e) Will you have a facility with the potential to emit no less than 100 tons per year of any regulated air contaminant? ............................................................................................................. f) Will you have a facility with the potential to emit no less than I 0 tons per year of any . hazardous air contaminant or 25 tons per year of all hazardous air contaminants? ...................... g) Will you construct or add stationary or transportable fuel burning equipment of no less than l0 million Btu/hour in the City of Unalaska or the City of St. Paul? .................................... El h) Will you construct or modify in the Port of Anchorage a volatile liquid storage tank with a volume no less than 9,000 bah'els, or a volatile liquid Ioading rack with a design throughput no less than 15 million gallons? ................................ · .................................................. I"l i) Will you be requesting operational or physical limits designed to reduce emissions from an existing facility in an air quality nonattainment area to offset an emission increase from another new of modified facility? ......................................................................................... l"! 7. Will you be developing, constructing, installing, or altering a public, water system? ........................... lEI b) Will your project involve the operation of waterborne tank vessels or oil barges that carry crude or non-crude oil as bulk cargo, or the transfer of oil or other petroleum products to or from such a vessel or a pipeline system? .............................................. Will your project require or include onshore or offshore oil facilities with an effective aggregate storage capacity of greater than 5,000 barrels of crude oil or greater than 10,000 barreIs of non-crude oil? ............................................................................ Revtsed 7/22/03 Page 3 c) Ye5 Will you be operating facilities on tho land or water for tho exploration or production of hydrocarbons? ............................................................................................................................. El If you answered "NO" to ALL questions in this section, continue to next section. If you answered "Y'ES' to ANY of these questions, contact the DEC office nearest you for information and · ~ ..application forms. Please be advised that all new DEC permits and approvals require a 30-day public notice period. DEC Pesticide permits take effect no sooner ~hsn 40 days after ~he permit is issued. -. Based on your discussion with DEC, please complete the following: '., Types of project approval~ or permits needed Date application submitlad ~-N~O 9. Does your project qualify for a general permit for wastewater or solid waste? .................................... El El. Not~: A general permit It an approval i~rued by DEC for certain type~ of routin~ activities. If you answered "YES" to any questions in this section and are not applying for DEC permits, indicate reason: ~ __ (DEC contact) told me on that no DEC approvals are required on this project because f-! Other:_ DEPARTMENT OF FISH AND GAME (DFG) APPROVAI~ Yes No t. Is your project located in a designated State Game Refuge, Critical Habitat Area or State Game Sanctuary? ........................................................................................................................... EI ~ 2. Does your project include the construction/operation of a salmon hatchery? ........ ............................... El · -3. Does your project affect, or is it related to, a previously permitted salmon hatchery?., ........................ El ~ '4. Does your project include the construction of an aquatic farm? ........................................................... E1 If you answered "NO" to ALL questions in this section, continue to next section. .If you answered "Yesl' ~o ANY questions under I-4, contact the DFG Commercial Fisheries Division headquarters for information and application forms Dau~ applicufion ~ubmitted Based on your discussion with DFG, please complete the following: Typ~ of project approvals or pmmits needed · If you answered "YES" to any questions in this section and are not applying for DFG permits, indicate reason: E1 (DFG contact) told me oa that no DFG approvals are required o~n this p'~oject because , _ El Other: ........... ... Revised 7/22/03 Page 4 S"DEPARTM]~NT OF NA~ RESO~CES (D~) APPROVM.~ .... ~. 1. Is the proposed project on State-owned la.nd or water or wilt you need to cross Sate-owned land 'l for access? ("Access" includes temporary access for construction purposes. Note: In addition to State-owned uplands, ..... ~ the State ownt almost all land below the ordinary high water line of navigable ~treamx, rivers and lakes, and below tht mean high ttd~ tine seaward for three miles.} ........................................................................................................ a) Is this project for a commercial activity? ........................................................................................ . Is the project on Alaska Mental Health Trust land (AMFIT) or will you need to cross AMHT land? Note: Alaska Mental Health Trust land i~ not considered State land for the'purpose of ACMP review~ ................................. , Do you plan to dredge or otherwise excavate/remove materials on State-owned land? ....................... [2] Location of dredging site if different than the project site: Township __ Range Secfion~ __ Meridian...__.____ USGS Quad Map , Do you plan to place fill or dredged material on State-owned land? ..................................................... Location of fill disposal site if other than the project site: Section Meridian ' ' USGS Quad M~'p .... Township_ _ Range _ _ Source is on: [~] State Land [~ Federal Land [~ Private Land [~ Municipal Land Do you plan to use any of the following State-owned resources'. ......................................................... 12 Timber: Will you be harvesting timber? Amount: ........ Materitd$ such a~ rock, sand or gravel, peat, soil, overburden, em'. ............................................. Which material? __ Amount: . . . Location of source: El Project site El Other, describe: USGS Qu'ad Map ' Town,hip _ Range__, Section~ Meridian . _ . Are you planning to divert, impound, withdraw, or use any fresh water, except from an existing public water system or roof rain catchment system (regardless of land ownership)? ........................... Amount (maximum daily, not average, in gallons per day): _ . . Source: _ Intended Use' _ . If yes, wi-~l your project affect the availability of water to anyone holding water rights to that water? 12 7. Will you be building or altering a dam (regardless of land ownership)? ............................................... l~ 8. Do you plan to drill a geothermal well (regardless of land ownership)? ............................................... 12 9. At any one site (regardless of land ownership), do you plan to do any of the following? .................... VI Mine five or more acres over a years time 1'3 Mine 50,000 cubic yards or more of materials (rock, sand or gravel, soil, peat, overburden, etc.) over a year's time El Have a cumulative unreclaimed mined area of five or more acres If yes to any of the above, contact DNR about a reclamation plan. If you plan to mine less than the acreage/mount stated above and have a cumulative unre¢laimed mined area of less than five acres, do you intend to file a voluntary reclamation plan. for approval? .. El 10. Will you be exploring for or extracting coal? ........................................................................................ VI 11. a) Will you be exploring for or producing oil and gas? ......................................................................... b) Will.you be conducting surface use activities on an oil and gas lease or within an oil and gas unit?El 12. Will yOu be investigating, remoVing, or impacting historical or archaeological or paleontological resources (anything over 50 years old) on State-owned land? ............................................................... El No Revised 7/22/03 Page 5 Is the proposed project located widaJa a known geophysical hazard area? ...................................... ~l 3:otc: 6 A~tC 80.900(9) defn~ geophysical hazard area~ as "tho~ areas which prc. r~nt a threat to ~i:~. or. · ~,'c~vrn geophysical or geoiogicat hazardt, including.flooding, t. runami run-up, ~torm surg~ run-up, land. rlide~, ~nawsade. s, fauitr, ice hazard, erosion, and littoral btach proctg~. ~ ~nown gtophy$ical hazard area" rn~ans any area ide. ntOqext in a r~port or map published by a fedtral, .rtatt, or local agency, or by a 'geological or ~ngineering coraultingfirm, or gentrally known by' local knowltdge, ~ having known or potential hazard~ from geologic, $~Lrmic, or hydrologic proce.r, rt:. 14. Is the'proposed project located in a unit of the Alaska State Park System? .......................................... 15. Will you be working in, removing water or material from, or placing anything in, a stream, river or lake? O'his includes Work or a~vities below t~c ordinar~ higit waier mark or on icc, in the active flood plain, on islaads, in or on the face of thc banks, or,/'or streams entering or flowing through tidelands, above the level of mean lower Iow tide.) Not~: /f th~ propo:ed project i~ located within a ~I~cial flood hazard area, a floodplain development permit may be r~q~ir~d. Contact the affected city or borough planning department for additional information and a floodplain dtterminatiott) ............ ["] Name of waterbody: I6. Wil! you do any of tho following: ............... ' ....................................................................................... El Please indicate below: 7I Build a dam, fiver training structure, bther instream impoundment, or weir E3 Use the water r-'l Pump water into or out of stream or lake (including dry channels) F'I Diver~ or alter the na~ra[ stream channel [2 Change the water flow or the stream channel [-'I Introduce silt, gravel, rock, petroleum products, debris, brush, trees, chemicals, or other organic/inorganic material, including waste of any type, into the water El Alter, stabilize or restore the banks of a Hver, stream or lake (provide number of line~ feet affected along the bank(s) El Mine, dig in, oi: remove material, including woody debris, from the beds or. banks of a waterbody [-1 Use explosives in or near a waterbody r"! Build a bridge (including an icc bridge) El Use the stream, lake or waterbody as a road (even when frozen), or cross the stream with tracked or wheeled vehicles, log-dragging or excavation equipment (baekhoe$, bulldozers, etc.) E] Install a culvert or other drainage structure E] Construct, place, excavate,' dispose or remove any material below the ordinary high water. ,~ a waterbody E] Construct a storm water discharge or drain into the waterbody ' r'l Place pilings or anchors Fl Construct a dock l-I Construct a utility line crossing l"J Maintain or rcpai.r an existing struc~ ~ Usc an instream in-water swactt~e not mentioned here If you answered "No" tO .ALL questions in this section, continue to next section. If you answered "Yes!'Tio ANY questions under 1-16, contact the Area DNR, office for information, and application forms. Based on your discussion. With DNff, please complete the following: Types of project approvals Or permits, needed Date application submitted Ii'you answered "YES" to any questions in this section and are not applying for DNR permits, indicate · reason: 12 ......... (DNR contact) told me on ..... that no DNR. approvala are reqnired on this project because Revised 7/22/03 Page 6 FEDERAL APPROVALS ' Yes U.S. Army Corps of Engineers (COE) 1. Will you be dredging or placing structures or fills in any of the following: tidal (ocean) waters? streams? lakes? wetlands*? ................................................................................. 12I If yes, have you applied for a COE permit? .................................................................................... 12 Date of submittal' ,fNote: Your application for this activity to the COE also serves as application for DEC Water Quality Certification.) ' * ff you are not certain whether your proposed project i~ in a wetland~ (wetlandr include muskegs), contact the COF,, Regulator. Branch at (907) 755-2720 for a ,~etland$ d~termination (outside the Anchorage area call tall free 1-800-478-2712). Bureau of Land Management 2. I~ the proposed project located on BLM Iand, or will you need to cross BLM land for access? .......... lEI If yes, have you applied for a BLM permit or approval? ................................................................. Date of submittal: 3. a) U.S. Coast Guard (USCG) Will you be constructing a bridge or causeway over tidal (ocean) waters, or navigable rivers, streams or lakes? .............................................................................................................................. b) Does your project involve building an access to an island? ............................................................ El c) Will you be siting, constructing, or operating a deepwater port? .................................................... If yes, have you applied for a USCG permit? ........................................................................... El Date of submittal: U.S. Environmental Protection Agency (EPA) 4. a) Will the proposed project have a discharge to any waters? ............................................................. r,l b) Will you be disposing of-sewage sludge (contact EPA at 206-553-1941)? .................................... l-I If you answered yes to a) or b), have you applied for an EPA National Pollution Discharge Elimination System (NPDES) permit? ..................................................................................... l-i Date of submittal: ,.. (Note: For information regarding the need for an NPDES permit, contact EP/I at (800) 4244372.) ¢) Will construction of your project expose 5 or more acres of soil? (;~i, appiie~ to the total amount of land disturbed, even if disturbance is distributed over more than one season, and also applies to areas that are part of a larger common plan of development ar sale.) ............................................................................................... d) Is your project an industrial, facility which will have stormwater discharge which i~ directly related to manufacturing, processing, or raw materials storage areas at an industrial plant? ......... If you answered yes to c) or d), your project may require aa NPDES Stormwater permit. Contact EPA at 206-553-8399. Federal Aviation Administration (FAA) 5. a) Is your project located within five miles of any public airport? ..................................................... l-I b) Will you have a waste discharge that is likely to decay within 5,000 feet of any public airport?.. 12 If yes, please contact the Airports Division of the FAA at (907) 271-5444. Revised 7/22/03 Federal Energy Regulatory Commission (FERC) 6. a) Does the project include any of the following: 1) a non-federal hydroelectric project on any navigable body of water ........................................ 1"i 2) a location on federal land (including transmission lines) ......................................................... 121 3) utilization of surplus water from any federal government dam ................................................ 12I b) Does the project include construction and operation, or abandonment of natural gas pipeline facilities under sections (b) and (c) of the Federal Power Act (FPA)? ........................................... 12 Page 7 No Yes c) Does the project include construction for physical interconnection of electric transmission facilities under section 202 (b) of the FPA? .................................................................................... It' you answered yes to any questions under number 6, Mve you applied for ~ permit from FERC? ........................................................................................................................................ Date of submittal: (3[ott: For information, contact FER.C.' dffice of Hydropow~r tic,ming (202) 2'1'9-26~8; Offica"o)Pipelin, Regulation (202) 208-0700: Office of Electric Power Regulation (202} 208.1200.) U.S. Fores~ Service (USFS) 7. a) Does th~ proposed project involve construction on USFS land? .................................................... b) Does the proposed project involve the crossing of USFS land with a water line? .......................... Fl If the answer to either question is yes, have you applied for a USFS permit or approval? ...... Date of' submittal: _ · , Have you applied for any other federal permits or authorizations? ............................. AGENCY APPROVAL TYP£ DATE SUBlVtI-~ No. Please be advised that the CPQ identifies permits subject to a consistency review. You may need additional permits from other agencies or the affected city and/or borough government to proceed with your activity. Certification Statement The information contained herein is true and complete to the best of my knowledge. I certify that the proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management ~lote: Fcdo~Lal ag;m:i;~s ;~ndUCting'an 'activity that ~,~i[ ~T¢ot the coastal zone"are.required consistency determinations, per 15 CFR 930, Subpart C, rather ~an this certification statement. [ ACMP has developed a guide to assist federal agencies with this requirement. Contact ACMP to obtain a copy. _ _ _ __ __ . .......... _ ...... ,, This certification statement will not be complete until all required State and federal authorization requests have been submitted to the appropriate agencies. I To complete your packet, please attach your State permit applications and copies of your federal permit , applications to this questionnaire. Revised 7122103 Page 8 SITE PLAN: ELE VA Ti O N OR SIDE VIEW I i i ! Title Block , Name: iSheet ........ Scal~: on~ squar~ = ' I Additional Comments or Descriptions: SITE PLAN: TOP VIL_.W / · , j i ] , ' 2 ! · F ........ ! ........ ~ ........ ; I , .... ~ .... r ...... ~ ............................ _.i. !' ~ -i Title Block Name: ~ zy ~'o~-r.~ Sheet, I of ~ Date: Scale: one square = feet LIJ ~Ec-- -~> - °,,"~Z~"',, = Keith Kornelis Page 1 of 1 ;=rom' BradMeiklejohn@aol.com '~t: Friday, July 08, 2005 3:11 PM ,o: Keith Kornelis Subject: The Conservation Fund Keith, I've attached here a two-page document about The Conservation Fund's work in Alaska. I've also mailed you several copies of our latest annual report. In addition to the projects listed in the attachment, The Conservation Fund has been active in habitat conservation along the Kenai River. Over the past 12 years we have protected approximately 1.5 miles of fiver frontage for wetlands and habitat protection. The specific parcel names of properties we have acquired are Grubba, Carter, Wellenstein, Mullen, Patson, and Tall Timbers. Our interest in purchasing property from the City of Kenai is to protect these important wetlands for migratory birds, fish, and water quality. The funds that we have available to make these purchases stipulate that the wetlands be permanently protected. After acquiring any property from the City of Kenai our intention is donate the lands to an appropriate land managing entity. The Conservation Fund will not be the long-term owner and manager of these lands. It is most likely that any lands acquired from the City will be donated to the State of Alaska r---inclusion in the Kenai River Special Management Area, with specific provisions that preclude development of the els. I also should emphasize that we are interested in purchasing any combination of parcels 1-7 that is acceptable to the City of Kenai. If folks need more information about The Conservation Fund, they are invited to visit our website at www.conservationfund.org Sincerely, Brad Meiklejohn Alaska Representative The Conservation Fund 2727 Hiland Road ~ Eagle River, Alaska 99577 (907) 694-9060/9070fax www.conservationfund.org The Conservation Fund Rated A+-- The Top Environmental Non-Profit in the Nation -- by the /tmerican Institute of Philanthropy Notice: This email message, including any attachments, is for the sole use of the recipients to whom it is addressed, and may contain information that is proprietary, privileged and/or confidential. If you are not the intended recipient, please contact the sender by reply email and delete the original message --,ithout making any copies. If you are not the intended recipient, unauthorized review, copying, use, disclosure, or distribution is improper and may be ~ject to legal sanctions. Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer ~em into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by The Conservation Fund for any loss or damage arising in anyway from its use. 7/11/2005 i T ACRES CONSERVED 277,200 VALUE OF LAND PROTECTED $117,470,000 KEY PARTNERS Bristol Bay Native Corporation Columbia Sportswear ConocoPhillips Alaska, Inc General Communication, Inc. Goldman Foundation Gordon and Betty Moore Foundation Kodiak Brown Bear Trust National Fish and Wildlife Foundation ~Jational Park Service Nushagak-Mulchatna/Wood-Tikchik Land Trust Orvis PureFishing Rapala Richard King Mellon Foundation Royal Caribbean International Southwest Alaska Conservation Coalition State of Alaska Too Far US Fish & Wildlife Service Vital Ground Foundation Wildlife Forever Woolrich Though Alaska is a state of great expanse, small places matter. For nearly a decade, The Conservation Fund has been protecting the special places of America's last great frontier. To date, the Fund has helped to conserve more than 277,200 acres of Alaska's most extraordinary landscapes -- from majestic forestlands to world-class fishing spots to rugged coastlines. Working with public and private partners through- out the state, the Fund has helped to acquire and permanently protect land valued at more than $117 million. The Conservation Fund's accomplishments in Alaska include the acquisition and permanent protection of: • 37,360 acres at Morzhovoi Bay in the Alaska Peninsula National Wildlife Refuge • 208,378 acres in the Kodiak National Wildlife Refuge • 13,047 acres at Canoe Bay in the Alaska Peninsula National Wildlife Refuge • 8,497 acres within the Izembek National Wildlife Refuge • 4,400 acres at Point Possession within the Kenai National Wildlife Refuge • 3,000 acres in Wrangell-St. Elias National Park • 840 acres on Cape Bingham within the Tongass National Forest • 716 acres in Peters Creek within the Chugach State Park • 400 acres along the Agulowak and Agulukpak Rivers in Wood-Tikchik State Park THE CONSERVATION FUND Glenn Elison, Alaska State Director 6400 Andover Drive • Anchorage, AK 99516 Phone: (907) 868-7974 • Fax: (907) 929-0912 • Email: glennelison@alaska.com THE CONSERVATION FUND ALASKA